Fong v. Johnson & Johnson Consumer Inc. et al
| Heather Fong |
| Johnson & Johnson Consumer Inc., Kenvue Inc., Reckitt Benckiser LLC, Pfizer Inc., Wal-Mart Inc. and Wal-Mart Stores East, LP |
| 1:2023cv09278 |
| December 19, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.
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| Filing 22 NOTICE of Appearance by Lauren Schultz Colton on behalf of Reckitt Benckiser LLC, RB Health (US) LLC, RB Health (US) LLC, Reckitt Benckiser Pharmaceuticals Inc., RB Health LLC, Reckitt & Benckiser LLC, Reckitt Benckiser, LLC (aty to be noticed) Associated Cases: 1:23-md-03089-BMC et al. (Colton, Lauren) |
| Filing 21 NOTICE of Appearance by Robyn E. Bladow on behalf of GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, GlaxoSmithKline LLC, Haleon US Holdings LLC, Haleon Us Capital LLC, Pfizer Inc. (aty to be noticed) Associated Cases: 1:23-md-03089-BMC et al. (Bladow, Robyn) |
| Filing 20 NOTICE of Appearance by Jacob Rae on behalf of GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, GlaxoSmithKline LLC, Haleon PLC, Haleon Us Capital LLC, Pfizer Inc. (aty to be noticed) Associated Cases: 1:23-md-03089-BMC et al. (Rae, Jacob) |
| Filing 19 NOTICE of Appearance by Jay P. Lefkowitz on behalf of GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, GlaxoSmithKline LLC, Haleon PLC, Haleon Us Capital LLC, Pfizer Inc. (aty to be noticed) Associated Cases: 1:23-md-03089-BMC et al. (Lefkowitz, Jay) |
| Filing 18 MOTION to Appear Pro Hac Vice of Lauren S. Colton Filing fee $ 150, receipt number NYEDC-17551506 by Reckitt Benckiser LLC, Reckitt Benckiser Pharmaceuticals Inc., RB Health (US) LLC, RB Health (US) LLC, RB Health LLC, Reckitt Benckiser LLC, Reckitt & Benckiser LLC, Reckitt Benckiser, LLC. (Attachments: #1 Affidavit of Lauren S. Colton, #2 Exhibit A - Cerificate of Good Standing, #3 Proposed Order) Associated Cases: 1:23-md-03089-BMC et al. (Colton, Lauren) |
| Filing 17 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) |
| Filing 16 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) |
| Filing 15 NOTICE of Appearance by James Lawrence Bernard on behalf of Reckitt Benckiser LLC, RB Health (US) LLC, RB Health (US) LLC, Reckitt Benckiser Pharmaceuticals Inc., RB Health LLC, Reckitt Benckiser LLC, Reckitt & Benckiser LLC, Reckitt Benckiser, LLC (aty to be noticed) Associated Cases: 1:23-md-03089-BMC et al. (Bernard, James) |
| Filing 14 NOTICE of Appearance by Michael L. Resch on behalf of Walmart Inc,, Walmart Inc,, Wal-Mart Inc., Wal-Mart Stores East 1, LP, Wal-Mart Stores East, LP, Walmart Inc, (aty to be noticed) (Attachments: #1 Certificate of Service) Associated Cases: 1:23-md-03089-BMC et al. (Resch, Michael) |
| Filing 13 MOTION to Appear Pro Hac Vice for Livia M. Kiser Filing fee $ 150, receipt number NYEDC-17516314 by Walmart Inc,, Walmart Inc,, Wal-Mart Inc., Wal-Mart Stores East 1, LP, Wal-Mart Stores East, LP, Walmart Inc,. (Attachments: #1 Declaration of Livia M. Kiser, #2 Exhibit A - Certificate of Good Standing (Cal.), #3 Exhibit B - Certificate of Good Standing (Ill.), #4 Proposed Order, #5 Certificate of Service) Associated Cases: 1:23-md-03089-BMC et al. (Kiser, Livia) |
ORDER granting #11 #12 Motions 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)
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| Filing 12 MOTION to Appear Pro Hac Vice by Michael Resch Filing fee $ 150, receipt number NYEDC-17471345 by Walmart Inc,, Walmart Inc,, Wal-Mart Inc., Wal-Mart Stores East 1, LP, Wal-Mart Stores East, LP. (Attachments: #1 Declaration in Support by Michael Resch, #2 Exhibit A - Certificate of Good Standing (D.C.), #3 Exhibit B - Certificate of Good Standing (Cal.), #4 Proposed Order, #5 Certificate of Service) Associated Cases: 1:23-md-03089-BMC et al. (Resch, Michael) |
| Filing 11 MOTION to Appear Pro Hac Vice for Rose J. Jones Filing fee $ 150, receipt number NYEDC-17468353 by Walmart Inc,, Walmart Inc,, Wal-Mart Inc., Wal-Mart Stores East 1, LP, Wal-Mart Stores East, LP. (Attachments: #1 Affidavit in Support, #2 Exhibit A - Certificate of Good Standing (GA), #3 Proposed Order, #4 Certificate of Service) Associated Cases: 1:23-md-03089-BMC et al. (Jones, Rose) |
| Filing 10 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) |
| Filing 9 NOTICE of Appearance by Ethan Price Davis on behalf of Walmart Inc,, Walmart Inc,, Wal-Mart Inc., Wal-Mart Stores East 1, LP, Wal-Mart Stores East, LP (aty to be noticed) Associated Cases: 1:23-md-03089-BMC et al. (Davis, Ethan) |
| Filing 8 Case transferred in from District of Kansas; Case Number 2:23-cv-02430. Original file certified copy of transfer order and docket sheet received. |
| Filing 7 CONDITIONAL TRANSFER ORDER. Signed by Clerk of the Panel on 12/15/2023. (kas) [Transferred from Kansas on 12/20/2023.] |
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Filing 6
ORDER granting in part and denying in part #4 Joint Motion to Substitute Proper Parties and Stay Proceedings. The Court finds good cause to grant the Joint Motion to the extent it seeks to stay this case pending a decision by the Judicial Panel on Multidistrict Litigation ("JPML") on the motion to transfer. If the JPML does not grant the motion to transfer, the parties are ordered to file a joint status report within 14 calendar days of the JMPL's decision. Similarly, the Court finds good cause to delay the issuance of a scheduling order and the Court will revisit the issuance of a scheduling order after the JPML's decision. With regard to the request to substitute proper parties, the Court denies this request. Rather than amending as a matter of course pursuant to Rule 15(a)(1) or filing a motion for leave to file an amended complaint, the Joint Motion seeks to: dismiss one named Defendant; to dismiss two other named Defendants and to substitute these Defendants with different corporate entities; and to amend the case caption accordingly. The existing Complaint contains multiple paragraphs containing factual allegations regarding the existing named Defendants, including allegations regarding their corporate structures and citizenships. The Joint Motion does not cite to or rely on any rule or authority that a motion to substitute is the proper procedural mechanism for such substantive amendments. By merely substituting the names of certain Defendants in the case caption and not making corresponding changes to these factual allegations, the substitutions likely render paragraphs within the Complaint inaccurate or incomplete, which will create unnecessary ambiguity going forward. The Court therefore denies the Joint Motion to the extent it seeks to substitute or dismiss parties. Plaintiff is instead directed to address such material changes to the proper parties via Rule 15 or Rule 41. Signed by Magistrate Judge Rachel E. Schwartz on 10/30/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jrh) [Transferred from Kansas on 12/20/2023.]
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| Filing 5 CERTIFICATE OF SERVICE of Joint Motion to Substitute Proper Parties and Stay Proceedings by Johnson & Johnson Consumer Inc. (McGroder, Lori) [Transferred from Kansas on 12/20/2023.] |
| Filing 4 JOINT MOTION to Substitute Proper Parties and Stay Proceedings by Defendant Johnson & Johnson Consumer Inc. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (McGroder, Lori) [Transferred from Kansas on 12/20/2023.] |
| SUMMONS ISSUED as to Johnson & Johnson Consumer Inc., Kenvue Inc., Pfizer, Inc., Reckitt Benckiser LLC, Wal-Mart Stores East, LP, Wal-Mart, Inc. (issued to Attorney for service) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (nac) [Transferred from Kansas on 12/20/2023.] |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Broomes and Magistrate Judge Rachel E. Schwartz for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (nac) [Transferred from Kansas on 12/20/2023.] |
| Filing 3 CIVIL COVER SHEET by Plaintiff Heather Fong. (Kronawitter, Joseph) [Transferred from Kansas on 12/20/2023.] |
| Filing 2 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Heather Fong - trial to be held in Kansas City. (Kronawitter, Joseph) [Transferred from Kansas on 12/20/2023.] |
| Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $402, Internet Payment Receipt Number AKSDC-6159412.), filed by Heather Fong.(Kronawitter, Joseph) [Transferred from Kansas on 12/20/2023.] |
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