Boonparn v. RB Health (US) LLC
| Archanatep Boonparn |
| Reckitt, Reckitt Benckiser Pharmaceuticals Inc., Reckitt Benckiser LLC and RB Health (US) LLC |
| 1:2023cv06936 |
| September 19, 2023 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Peggy Kuo |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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ORDER: The Parties' #10 letter motion is granted. The Clerk of Court is respectfully directed to substitute RB Health (US) LLC as the correct Defendant and amend the caption as stipulated. Further, consistent with the Federal Rules of Civil Procedure, Plaintiff is directed to file proof of timely service of its #1 Complaint on Defendant, as mentioned in the Parties' #10 letter. Otherwise, given the Parties' joint motion, the closure in the next several weeks of briefing on the motion to transfer, the interest in conserving judicial resources, and that avoiding the risk of conflicting rulings will serve the public interest, including the interests of persons who are not parties to the litigation, all deadlines in this matter are vacated and proceedings are stayed pending a decision by the Judicial Panel on Multidistrict Litigation ("JPML") on whether to form a multidistrict litigation ("MDL") proceeding that includes this action. See, e.g., Lee v. Equifax Info. Svcs., LLC, No. 18-cv-3133 (RRM), 2018 WL 8139008, at *1-2 (E.D.N.Y. Aug. 6, 2018); Aguilar v. Merck & Co., Inc., No. 05-cv-4865 (SJ), 2005 WL 8159736, at *2-3 (E.D.N.Y. Nov. 22, 2005). If the JPML declines to form an MDL proceeding that includes this action, the Parties shall within 14 days of the JPML's ruling file a joint status report requesting that a deadline be set for Defendant's initial response to the Complaint, along with any other deadlines consistent with this Court's rules. Ordered by Judge Pamela K. Chen on 10/16/2023. (FG)
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| Filing 10 Letter MOTION to Amend/Correct/Supplement Joint Letter Motion to Substitute Correctly Named Defendant, Correct Caption, and to Stay Pending JPML Decision by Archanatep Boonparn. (Samberg, Peter) |
| Filing 9 NOTICE of Appearance by Pieter Van Tol on behalf of Reckitt Benckiser LLC (aty to be noticed) (Van Tol, Pieter) |
| Filing 8 NOTICE of Voluntary Dismissal by Archanatep Boonparn Plaintiff's Notice of Voluntary Dismissal Without Prejudice of Reckitt Benckiser Pharmaceuticals Inc. Only (Samberg, Peter) |
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ORDER: The Court is in receipt of Plaintiff's #8 Notice of Voluntary Dismissal Without Prejudice, which dismisses Defendant Reckitt Benckiser Pharmaceuticals Inc. The #8 Dismissal is So Ordered. Ordered by Judge Pamela K. Chen on 10/10/2023. (AH)
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| Filing 7 Summons Issued as to Reckitt Benckiser LLC, Reckitt Benckiser Pharmaceuticals Inc.. (Attachments: #1 Reckitt Benckiser LLC). (ML) |
| Filing 6 Proposed Summons. by Archanatep Boonparn (Samberg, Peter) |
| Filing 5 Proposed Summons. by Archanatep Boonparn (Samberg, Peter) |
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Filing 4
SCHEDULING ORDER: An Initial Conference will be held in this case on January 24, 2024 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Counsel are directed to the annexed Initial Conference Order for instructions. By January 18, 2024, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that Defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 9/22/2023. (RO)
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| Filing 3 CERTIFICATE of Clerk, This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (CV) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CV) |
| Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV) |
| Filing 1 COMPLAINT against Reckitt Benckiser Pharmaceuticals Inc., Reckitt Benckiser LLC filing fee $ 402, receipt number ANYEDC-17099101 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Archanatep Boonparn. (Attachments: #1 Civil Cover Sheet) (Samberg, Peter) |
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