Heaghney v. Johnson & Johnson Consumer Inc. et al
| Daniel Heaghney |
| Johnson & Johnson Consumer Inc., GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, RB Health (US) LLC, Bayer Healthcare L.L.C., The Procter & Gamble Company, Walmart Inc,, Walgreen Co, Target Corporation, CVS Pharmacy Inc., Dierbergs Markets, Inc., Price Chopper Foods, Incorporated, Amazon.com, Inc, Amazon.com Services LLC and Does 1-20 |
| 1:2023cv09282 |
| 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 |
| Both |
Docket Report
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| Document Text |
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| Filing 55 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 54 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 53 NOTICE of Appearance by Ruby A. Nagamine on behalf of Amazon.com Services LLC, Amazon.com, Inc, Amazon.com, Inc, Amazon.com, Inc. (notification declined or already on case) Associated Cases: 1:23-md-03089-BMC et al. (Nagamine, Ruby) |
| Filing 52 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 51 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 50 NOTICE of Appearance by Jennifer Janeira Nagle on behalf of Amazon.com Services LLC, Amazon.com, Inc, Amazon.com, Inc, Amazon.com, Inc. (notification declined or already on case) Associated Cases: 1:23-md-03089-BMC et al. (Nagle, Jennifer) |
| Filing 49 NOTICE of Appearance by Tanner Cook on behalf of Dierbergs Markets, Inc. (notification declined or already on case) Associated Cases: 1:23-md-03089-BMC, 1:23-cv-09282-BMC (Cook, Tanner) |
| Filing 48 NOTICE of Appearance by Michael Klebanov on behalf of Dierbergs Markets, Inc. (notification declined or already on case) Associated Cases: 1:23-md-03089-BMC, 1:23-cv-09282-BMC (Klebanov, Michael) |
| Filing 47 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 46 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 45 NOTICE of Appearance by Christopher Munro Young on behalf of Bayer Corporation, Bayer Healthcare L.L.C., Bayer Healthcare L.L.C., Bayer Healthcare LLC, Bayer Health Care, LLC, Bayer Corporation (notification declined or already on case) Associated Cases: 1:23-md-03089-BMC et al. (Young, Christopher) |
| Filing 44 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 43 MOTION to Appear Pro Hac Vice of Jennifer Nagle Filing fee $ 150, receipt number NYEDC-17525785 by Amazon.com Services LLC, Amazon.com, Inc, Amazon.com, Inc, Amazon.com, Inc.. (Attachments: #1 Affidavit In Support of Jennifer Nagle, #2 Exhibit Certificate of Good Standing (Massachusetts), #3 Exhibit Certificate of Good Standing (New Jersey), #4 Proposed Order) Associated Cases: 1:23-md-03089-BMC et al. (Nagle, Jennifer) |
| Filing 42 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 41 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 40 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) |
| Filing 39 NOTICE of Appearance by Benjamin Stephen McIntosh on behalf of Daniel Heaghney, Daryl Means (notification declined or already on case) Associated Cases: 1:23-md-03089-BMC, 1:23-cv-09276-BMC, 1:23-cv-09282-BMC (McIntosh, Benjamin) |
| Filing 38 MOTION to Appear Pro Hac Vice of Ruby Nagamine Filing fee $ 150, receipt number NYEDC-17491293 by Amazon.com Services LLC, Amazon.com, Inc, Amazon.com, Inc, Amazon.com, Inc.. (Attachments: #1 Affidavit, #2 Admission Information Certificate of Good Standing, #3 Proposed Order) Associated Cases: 1:23-md-03089-BMC et al. (Nagamine, Ruby) |
| Filing 37 NOTICE of Appearance by Robert W. Sparkes, III on behalf of Amazon.com Services LLC, Amazon.com, Inc, Amazon.com, Inc, Amazon.com, Inc. (notification declined or already on case) Associated Cases: 1:23-md-03089-BMC et al. (Sparkes, Robert) |
ORDER granting #32 #34 #35 #36 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 36 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 35 MOTION to Appear Pro Hac Vice of Robert W. Sparkes, III Filing fee $ 150, receipt number NYEDC-17470064 by Amazon.com Services LLC, Amazon.com, Inc, Amazon.com, Inc, Amazon.com, Inc.. (Attachments: #1 Affidavit in Support of Robert W. Sparkes, III, #2 Exhibit Certificate of Good Standing (Massachusetts), #3 Proposed Order) Associated Cases: 1:23-md-03089-BMC et al. (Sparkes, Robert) |
| Filing 34 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 33 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 32 MOTION to Appear Pro Hac Vice by Christopher Young Filing fee $ 150, receipt number NYEDC-17465148 by Bayer Corporation, Bayer Healthcare L.L.C., Bayer Healthcare L.L.C., Bayer Healthcare LLC, Bayer Health Care, LLC, Bayer Corporation. (Attachments: #1 Affidavit of Christopher Young, #2 Certificate of Good Standing, #3 Proposed Order) Associated Cases: 1:23-md-03089-BMC et al. (Young, Christopher) |
| Filing 31 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 30 NOTICE of Appearance by Cara Edwards on behalf of Bayer Corporation, Bayer Healthcare L.L.C., Bayer Healthcare L.L.C., Bayer Healthcare LLC, Bayer Health Care, LLC, Bayer Corporation (aty to be noticed) Associated Cases: 1:23-md-03089-BMC et al. (Edwards, Cara) |
| Filing 29 NOTICE of Appearance by Christopher G. Campbell on behalf of Bayer Corporation, Bayer Healthcare L.L.C., Bayer Healthcare L.L.C., Bayer Healthcare LLC, Bayer Health Care, LLC, Bayer Corporation (aty to be noticed) Associated Cases: 1:23-md-03089-BMC et al. (Campbell, Christopher) |
| Filing 28 Case transferred in from District of Missouri Eastern; Case Number 4:23-cv-01342. Original file certified copy of transfer order and docket sheet received. |
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Filing 27
ORDER OF MDL TRANSFER to: Eastern District of New York. Case transferred via CM/ECF extraction. Signed by Tiffaney D. Pete on 12/15/23. (JWD) [Transferred from Missouri Eastern on 12/19/2023.]
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| Filing 26 CONDITIONAL TRANSFER ORDER (CTO-1) regarding MDL 3089 by Clerk of the Panel. Signed by Tiffaney D. Pete on 12/15/23. (JWD) [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 25 CJRA ORDER (GJL). Magistrate Judge Patricia L. Cohen termed. Case reassigned to District Judge Sarah E. Pitlyk for all further proceedings. (JAB) [Transferred from Missouri Eastern on 12/19/2023.] |
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Filing 24
ORDER: IT IS HEREBY ORDERED that Plaintiff's action against Defendant Price Chopper Foods, Incorporated is DISMISSED without prejudice. (Price Chopper Foods, Incorporated terminated.) Signed by Magistrate Judge Patricia L. Cohen on 11/27/23. (JAB) [Transferred from Missouri Eastern on 12/19/2023.]
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| Filing 23 STIPULATION OF DISMISSAL WITHOUT PREJUDICE by Plaintiff Daniel Heaghney. (McIntosh, Benjamin) [Transferred from Missouri Eastern on 12/19/2023.] |
| Notice from Clerk instructing Defendants Bayer Healthcare LLC, Dierbergs Markets, Inc., Plaintiff Daniel Heaghney to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 11/28/2023. (LNJ) [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 22 DISCLOSURE STATEMENT by Dierbergs Markets, Inc., Dierbergs Investment Corp... (Klebanov, Michael) [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 21 AMENDED DISCLOSURE STATEMENT by Defendant Bayer Healthcare LLC., Bayer AG. (Byard, Adrienne) Modified on 11/17/2023 (CBL). [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 20 DISCLOSURE STATEMENT by Daniel Heaghney. No corporate parents or affiliates identified. (McIntosh, Benjamin) [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 19 NOTICE of Filing Deficiency re #18 Disclosure Statement, #17 Disclosure Statement filed by Defendant Bayer Healthcare LLC, Plaintiff Daniel Heaghney. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Party filed the Disclosure Statement in this action in which jurisdiction is based on diversity under 28 U.S.C.1332(a) but, did not identify the name and citizenship of every individual or entity whose citizenship is attributed to that party or intervenor, including all members, sub-members, general and limited partners, and corporations. This case was removed on the basis of diversity jurisdiction. Section 2 of the form must be completed listing the name and state of residence/citizenship of the individual party, and in the case of an LLC, the name and residence/citizenship of individual members, or the state(s) of incorporation/formation of business entities and their state(s) of primary business practice. The Disclosure Statements must be refiled. (CBL) [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 18 DISCLOSURE STATEMENT by Bayer Healthcare LLC.. (Byard, Adrienne) [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 17 DISCLOSURE STATEMENT by Daniel Heaghney. No corporate parents or affiliates identified. (McIntosh, Benjamin) [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 16 Electronic Notice re: Disclosure Statement to Defendant Dierbergs Markets, Inc., Plaintiff Daniel Heaghney - SECOND NOTICE. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (LNJ) [Transferred from Missouri Eastern on 12/19/2023.] |
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Filing 15
ORDER: IT IS HEREBY ORDERED that the parties' Joint Motion to Substitute Party Name, Amend Caption, and to Extend Deadlines to Respond to Complaint [ECF No. #14 ] is GRANTED. IT IS FURTHER ORDERED that the Clerk of the Court shall amend the case caption to reflect the substituted parties. IT IS FINALLY ORDERED that the deadline for Defendants to file their responsive pleadings is extended to January 2, 2024. (SEE ORDER FOR DETAILS.) Signed by Magistrate Judge Patricia L. Cohen on 11/3/2023. (LNJ) [Transferred from Missouri Eastern on 12/19/2023.]
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| Filing 14 MOTION for Extension of Time to Amend Caption and to Extend Deadlines to Respond to Complaint by Plaintiff Daniel Heaghney. (Attachments: #1 Text of Proposed Order Proposed Order for Extension of Time)(McIntosh, Benjamin) [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 13 Electronic Notice re: Disclosure Statement to Defendant Dierbergs Markets, Inc., Plaintiff Daniel Heaghney. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (LNJ) [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 12 ENTRY of Appearance by Tanner Cook for Defendant Dierbergs Markets, Inc.. (Cook, Tanner) [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 11 ENTRY of Appearance by Michael Klebanov for Defendant Dierbergs Markets, Inc.. (Klebanov, Michael) [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 10 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (auto) [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 9 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Bayer Healthcare LLC Sent To: State Court - Executed (Attachments: #1 Exhibit A. Notice of Filing to State Court)(Byard, Adrienne) [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 8 REASSIGNMENT ORDER (GJL). District Judge Ronnie L. White no longer assigned to case. Case reassigned to Magistrate Judge Patricia L. Cohen for all further proceedings. (TMT) [Transferred from Missouri Eastern on 12/19/2023.] |
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Filing 7
ORDER: IT IS HEREBY ORDERED that this case is transmitted to the Clerk of the Court for random reassignment. Signed by District Judge Ronnie L. White on 10/26/2023. (TMT) [Transferred from Missouri Eastern on 12/19/2023.]
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| Filing 6 Electronic Notice re: Disclosure Statement to Plaintiff Daniel Heaghney. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (TMT) [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 5 Petition (Removal/Transfer) Received From: Circuit Court of the City of St. Louis, filed by Daniel Heaghney.(JWD) [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 4 AMENDED DISCLOSURE STATEMENT by Bayer Healthcare LLC, Bayer AG, MiraLAX LLC, Bayer Samson I LLC, Bayer Samson II LLC, Bayer Consumer Care Holdings LLC, Bayer West Coast Corporation, Bayer Essure Inc., NippoNex Inc., Bayer Medical Care Inc., Bayer Healthcare US Funding LLC.. (Attachments: #1 Exhibit A. Addendum to Corporate Disclosure Statement)(Byard, Adrienne) Modified on 10/26/2023 (CBL). [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 3 DISCLOSURE STATEMENT by Bayer Healthcare LLC, Bayer AG.. (Byard, Adrienne) [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 2 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Bayer Healthcare LLC Sent To: Plaintiff (Byard, Adrienne) [Transferred from Missouri Eastern on 12/19/2023.] |
| Filing 1 NOTICE OF REMOVAL from Circuit Court, Twenty-Second Judicial Circuit, City of St. Louis, Missouri, case number 2322-CC07598, with receipt number AMOEDC-10233808, in the amount of $402 Jury Demand,, filed by Bayer Healthcare LLC. (Attachments: #1 Exhibit 1. Class Action Petition and State Court Proceedings, #2 Exhibit 2. Notice of Service, #3 Civil Cover Sheet, #4 Original Filing Form)(Byard, Adrienne) [Transferred from Missouri Eastern on 12/19/2023.] |
| Case Opening Notification. Judge Assigned: Honorable Ronnie L. White. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). (JWD) [Transferred from Missouri Eastern on 12/19/2023.] |
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