Hernandez v. Johnson & Johnson Consumer, Inc.
Plaintiff: Natasha Hernandez
Defendant: Kenvue Inc., McNeil Consumer Healthcare and Johnson & Johnson Consumer Inc.
Case Number: 1:2023cv09257
Filed: December 19, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Brian M Cogan
Nature of Suit: Fraud or Truth-In-Lending
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 8, 2024 Filing 24 MOTION to Appear Pro Hac Vice re: Amy Laurendeau Filing fee $ 150, receipt number NYEDC-17551372 by Johnson & Johnson Consumer Inc., Johnson & Johnson Consumer Inc., Johnson & Johnson Consumer Inc., Johnson & Johnson Consumer Inc., Johnson & Johnson Consumer Inc., Johnson & Johnson Consumer Inc., Johnson & Johnson Consumer Inc., Johnson & Johnson Consumer, Inc.. (Attachments: #1 Affidavit Affidavit of Amy J. Laurendeau, #2 Exhibit A - COGS, #3 Proposed Order) Associated Cases: 1:23-md-03089-BMC et al. (Laurendeau, Amy)
February 6, 2024 Filing 23 NOTICE of Appearance by Hannah Y Shay Chanoine on behalf of Johnson & Johnson Consumer Inc., Johnson & Johnson Consumer Inc., Johnson & Johnson Consumer Inc., Johnson & Johnson Consumer Inc., Johnson & Johnson Consumer Inc., Johnson & Johnson Consumer Inc., Johnson & Johnson Consumer Inc., Johnson & Johnson Consumer, Inc. (aty to be noticed) Associated Cases: 1:23-md-03089-BMC et al. (Chanoine, Hannah Y)
January 31, 2024 Filing 22 NOTICE of Appearance by Sarah Westcot on behalf of Eduardo Flores, Jordan Nelson, Regina Peralta, Natasha Hernandez (notification declined or already on case) Associated Cases: 1:23-md-03089-BMC, 1:23-cv-09257-BMC, 1:23-cv-09261-BMC, 1:23-cv-09263-BMC (Westcot, Sarah)
January 22, 2024 Opinion or Order ORDER granting #21 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 1/22/2024. (PW)
January 17, 2024 Filing 21 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number NYEDC-17470274 by Eduardo Flores, Jordan Nelson, Regina Peralta, Natasha Hernandez. (Attachments: #1 Affidavit of Sarah N. Westcot, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order) Associated Cases: 1:23-md-03089-BMC, 1:23-cv-09257-BMC, 1:23-cv-09261-BMC, 1:23-cv-09263-BMC (Westcot, Sarah)
January 16, 2024 Filing 20 NOTICE of Appearance by Laura Flahive Wu on behalf of The Procter & Gamble Company (aty to be noticed) Associated Cases: 1:23-md-03089-BMC et al. (Flahive Wu, Laura)
December 21, 2023 Filing 19 Case transferred in from District of California Northern; Case Number 3:23-cv-04817. Original file certified copy of transfer order and docket sheet received.
December 19, 2023 Filing 18 CONDITIONAL TRANSFER ORDER (CTO-1) by MDL Panel on 12/15/2023. (wsn, COURT STAFF) (Filed on 12/19/2023) [Transferred from California Northern on 12/21/2023.]
December 19, 2023 Case transferred to Eastern District of New York per CTO-1. (wsn, COURT STAFF) (Filed on 12/19/2023) [Transferred from California Northern on 12/21/2023.]
December 11, 2023 Filing 17 JOINT CASE MANAGEMENT STATEMENT filed by Natasha Hernandez. (Westcot, Sarah) (Filed on 12/11/2023) [Transferred from California Northern on 12/21/2023.]
November 29, 2023 Filing 16 Case Reassigned to Judge Rita F. Lin. Judge Trina L Thompson no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (as, COURT STAFF) (Filed on 11/29/2023) [Transferred from California Northern on 12/21/2023.]
November 27, 2023 Opinion or Order Filing 15 ORDER REASSIGNING CASE.IT IS ORDERED that this case is reassigned to the Honorable Rita F. Lin in the San Francisco Division for all further proceedings.1. All future filings shall bear the initials RFL immediately after the case number.2. All case management conference dates are vacated and will be reset by the Court.3. All hearing dates presently scheduled are VACATED. However, existing briefing schedules for motions remain unchanged. All pending motions (regardless of whether they are presently scheduled for hearing) must be RENOTICED for hearing before Judge Lin by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule.4. Deadlines for ADR compliance and discovery cutoffs remain unchanged.5. All pretrial conference and trial dates currently set for after March 4, 2024, and all other deadlines associated with the case, will remain in place unless otherwise ordered.6. All pretrial conference and trial dates scheduled on or before March 4, 2024, are vacated. Other pretrial deadlines (eg., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases.7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice.8. Each party is expected to review and become familiar with all applicable standing orders and scheduling notes.9. On or before December 11, 2023, the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address the following items in the following order: a. Date Filed: The date the case was filed; b. Parties: A list or description of each party; c. Claims: A summary of all claims, counter-claims, cross-claims, or third party claims; d. Facts: A brief chronology of the facts and a statement of the principal factual issues in dispute; e. Legal Issues: A brief statement, without extended legal argument, of the disputed points of law, including reference to specific statutes and decisions; f. Relief: A description of the relief sought and the damages claimed with an explanation as to how damages have been (or will be) computed; g. Discovery: The status of discovery, including any significant discovery management issues, as well as any limits or cutoff dates; h. Related Cases: The status, case name, and case number of any related cases or proceedings pending before another judge of this court, or before another court or administrative body; i. Procedural History: A procedural history of the case, including any previous motions that were decided or submitted, any ADR proceedings or settlement conferences that have been scheduled or concluded, any appellate proceedings that are pending or concluded, and any previous referral to a magistrate judge; j. Deadlines: A description of any other deadlines in place before reassignment, including those for ADR, dispositive motions, pretrial conferences, and trials; k. Any modification of deadlines: Any requested modification of these dates, and the reasons for the request; l. Consent to Magistrate: Whether the parties will consent to a magistrate judge for trial; and m. Emergency: Whether there exists an immediate need for a case management conference to be scheduled in the action, and why the parties believe such a need exists.10. The Joint Case Management Statement will not constitute a motion to extend or modify dates. If emergency relief is needed to modify a deadline, and the deadline is not of the type that can be modified via stipulation of the parties without a court order, the requesting party or parties shall additionally file a motion or stipulation for such relief in compliance with Local Rule 6.11. The assigned judge participates in the Cameras in the Courtroom Pilot Project. Hearings and trials in any civil case assigned to a judge participating in the Pilot Project are eligible for video recording, upon request and with the consent of the parties and the presiding judge. Please see the #Northern Districts webpage about participation in the Pilot Project and # General Order 65 for more information. IT IS SO ORDERED.Dated: 11/27/2023FOR THE EXECUTIVE COMMITTEEMark B. Busby, Clerk of Court (kab-adi, COURT STAFF) (Filed on 11/27/2023) [Transferred from California Northern on 12/21/2023.]
October 25, 2023 Opinion or Order Filing 14 ORDER GRANTING #13 STIPULATION AND ORDER TO SUBSTITUTE PARTY NAME, AMEND CAPTION, AND TO ENLARGE TIME FOR RESPONSIVE PROCEEDINGS PENDING MDL DETERMINATION. Signed by Judge Trina L. Thompson on 10/25/2023. (rfm, COURT USER) (Filed on 10/25/2023) [Transferred from California Northern on 12/21/2023.]
October 24, 2023 Filing 13 STIPULATION WITH PROPOSED ORDER to Substitute Party Name, Amend Caption, and to Enlarge Time for Responsive Proceedings Pending MDL Determination filed by Natasha Hernandez. (Westcot, Sarah) (Filed on 10/24/2023) [Transferred from California Northern on 12/21/2023.]
October 12, 2023 Filing 12 SUMMONS Returned Executed by Natasha Hernandez. McNeil Consumer Healthcare served on 10/9/2023, answer due 10/30/2023. (Fisher, L.) (Filed on 10/12/2023) [Transferred from California Northern on 12/21/2023.]
October 12, 2023 Filing 11 SUMMONS Returned Executed by Natasha Hernandez. Kenvue Inc. served on 10/6/2023, answer due 10/27/2023. (Fisher, L.) (Filed on 10/12/2023) [Transferred from California Northern on 12/21/2023.]
October 12, 2023 Filing 10 SUMMONS Returned Executed by Natasha Hernandez. Johnson & Johnson Consumer, Inc. served on 10/5/2023, answer due 10/26/2023. (Fisher, L.) (Filed on 10/12/2023) [Transferred from California Northern on 12/21/2023.]
October 4, 2023 Filing 9 CLERKS NOTICE - REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Trina L. Thompson upon reassignment. For a copy of Judge Thompson's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Initial Case Management Conference set for 1/11/2024 at 2:00 PM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar. Joint Case Management Statement due by 1/4/2024. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/trina-l-thompson/General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Filed on 10/4/2023) [Transferred from California Northern on 12/21/2023.]
October 4, 2023 Opinion or Order Filing 8 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Trina L Thompson for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to case,. Signed by Clerk on 10/04/2023. (ark, COURT STAFF) (Filed on 10/4/2023) [Transferred from California Northern on 12/21/2023.]
October 3, 2023 Filing 7 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (klh, COURT STAFF) (Filed on 10/3/2023) [Transferred from California Northern on 12/21/2023.]
October 2, 2023 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Natasha Hernandez.. (Westcot, Sarah) (Filed on 10/2/2023) [Transferred from California Northern on 12/21/2023.]
September 21, 2023 Filing 5 Summons Issued as to Johnson & Johnson Consumer, Inc., Kenvue Inc., McNeil Consumer Healthcare. (kmg, COURT STAFF) (Filed on 9/21/2023) [Transferred from California Northern on 12/21/2023.]
September 21, 2023 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/29/2023. Initial Case Management Conference set for 1/5/2024 02:00 PM in San Francisco, Courtroom D, 15th Floor. (kmg, COURT STAFF) (Filed on 9/21/2023) [Transferred from California Northern on 12/21/2023.]
September 20, 2023 Filing 3 Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/4/2023. (ark, COURT STAFF) (Filed on 9/20/2023) [Transferred from California Northern on 12/21/2023.]
September 19, 2023 Filing 2 Proposed Summons. (Westcot, Sarah) (Filed on 9/19/2023) [Transferred from California Northern on 12/21/2023.]
September 19, 2023 Filing 1 COMPLAINT against Johnson & Johnson Consumer, Inc., Kenvue Inc., McNeil Consumer Healthcare ( Filing fee $ 402, receipt number ACANDC-18659839.). Filed byNatasha Hernandez. (Attachments: #1 Civil Cover Sheet)(Westcot, Sarah) (Filed on 9/19/2023) [Transferred from California Northern on 12/21/2023.]

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Plaintiff: Natasha Hernandez
Represented By: L. Timothy Fisher
Represented By: Sarah Nicole Westcot
Represented By: Sarah Westcot
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Defendant: Kenvue Inc.
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Defendant: McNeil Consumer Healthcare
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Defendant: Johnson & Johnson Consumer Inc.
Represented By: Amy J. Laurendeau
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