Tlaib v. Procter & Gamble Company
| Mohamad Tlaib |
| Procter & Gamble Company |
| 1:2024cv02739 |
| April 11, 2024 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| Both |
Docket Report
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| Filing 37 Case transferred in from District of Illinois Northern; Case Number 1:23-cv-13840. Original file certified copy of transfer order and docket sheet received. |
| The case of Tlaib v. Procter & Gamble Company, has been transferred from Northern District of Illinois to the Eastern District of New York. The new case number is 24-cv-2739. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (AF) |
| Filing 36 TRANSFERRED to the Eastern District of New York the electronic record. (emc, ) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 35 CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to Eastern District of New York. Mailed notice (emc, ) [Transferred from Illinois Northern on 4/12/2024.] |
| ***Civil Case Terminated pursuant to MDL 3089. Conditional Transfer Order filed 4/11/2024. (emc, ) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 34 MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is the parties' joint status report, which informs the Court that, as of 4/5/2024, Defendant's motion to transfer remains pending before the Judicial Panel of Multidistrict Litigation (the Panel) following its 3/28/2024 hearing, and based on the Panel's historical practice, the parties expect a ruling on Defendant's motion in the very near future. The Court therefore adopts the parties' proposal that they submit another joint status report notifying the Court of the Panel's ruling within seven days of that decision. Mailed notice. (kp, ) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 33 STATUS Report Joint Status Report Regarding Status of JPML Determination by Procter & Gamble Company (Perdew, Phillip) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 32 MINUTE entry before the Honorable Franklin U. Valderrama:For the reasons stated in the motion, the Court grants Defendant's unopposed motion for leave to file notice of supplemental authority #31 . Upon consideration of the parties' briefs on Defendant's motion to stay all proceedings pending JPML determination, as well as the supplemental authority, the Court grants Defendant's motion to stay #25 . Like the court in 1:23-cv-1379, Tuominen v. Johnson & Johnson Consumer, Inc., the Court finds that staying this case until the Judicial Panel on Multidistrict Litigation (JPML) rules is in the interest of judicial economy, there is minimal prejudice to Plaintiff in light of the relatively short period of the stay until the JPML's 3/28/24 sitting, and in the absence of a stay Defendant would suffer prejudice by having to unnecessarily expend resources on what may be duplicate litigation. Any pending deadlines are stricken. The parties are directed to file a joint status report by 4/5/24 on the status of Defendant's motion to transfer pending before the JPML. Mailed notice (air, ) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 31 MOTION by Defendant Procter & Gamble Company for leave to file Notice of Supplemental Authority (Unopposed) (Attachments: #1 Exhibit A - Proposed Notice of Supplemental Authority)(Perdew, Phillip) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 30 REPLY by Defendant Procter & Gamble Company to motion to stay, #25 (Attachments: #1 Exhibit A - NDAC FDA Briefing Document Excerpt)(Perdew, Phillip) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 29 DEFENDANTS the Procter & Gamble Company, Johnson and Johnson Consumer Inc., and Haleon US holdings LLC's Motion to transfer pursuant to 28 U.S.C. 1407. (Attachments: #1 Part 2) (daj, ) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 28 RESPONSE by Mohamad Tlaibin Opposition to MOTION by Defendant Procter & Gamble Company to stay All Proceedings Pending JPML Determination (Opposed) #25 (Suciu, Nick) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 27 MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Defendant's opposed motion to stay all proceedings pending the JPML determination #25 . The Court sets the following briefing schedule on Defendant's motion: Plaintiff's response due on or before 1/25/2024; Defendant's reply due on or before 2/1/2024. Defendant has also filed an opposed motion for a presentment hearing to address its motion to stay "in light of the [2/5/2024] deadline on [Defendant's] response to the Amended Complaint." #26 . The Court strikes Defendant's deadline to answer the amended complaint and will reset a deadline if the Court denies Defendant's motion to stay all proceedings. Accordingly, the motion for a presentment hearing #26 is denied as moot. The Court will notify the parties if a hearing on the motion will be necessary after receiving the parties' response and reply briefs. Emailed notice (axc). [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 26 MOTION by Defendant Procter & Gamble Company for hearing re MOTION by Defendant Procter & Gamble Company to stay All Proceedings Pending JPML Determination (Opposed) #25 (Opposed) (Perdew, Phillip) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 25 MOTION by Defendant Procter & Gamble Company to stay All Proceedings Pending JPML Determination (Opposed) (Attachments: #1 Exhibit A - Motion to Transfer Brief (MDL No. 3089 ECF No. 360-1), #2 Exhibit B - Response in Opposition (MDL 3089 ECF No. 220), #3 Exhibit C - Nov. 30, 2023 Hearing Transcript (MDL 3089), #4 Exhibit D - Judge Cogan Proposed CMO (MDL 3089))(Perdew, Phillip) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 24 ATTORNEY Appearance for Plaintiff Mohamad Tlaib by Russell Busch (Busch, Russell) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 23 AMENDED complaint by Mohamad Tlaib against Procter & Gamble Company (Suciu, Nick) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 22 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Procter & Gamble Company (Perdew, Phillip) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 21 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 20 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the parties' joint status report #19 , which informs the Court that the JPML declined to include this action in an MDL proceeding. Accordingly, the Court adopts the following schedule proposed by the parties: (1) Plaintiff shall file an Amended Class Action Complaint by January 5, 2024; (2) Defendant shall respond to the Amended Class Action Complaint on or before February 4, 2024. If Defendant files a motion pursuant to Rule 12, Plaintiff shall either file a response to that motion or seek leave to file a Second Amended Class Action Complaint on or before March 5, 2024. Should Plaintiff respond to the motion, Defendant shall file a reply in support of the motion on or before March 26, 2024; and (3) The Parties shall file their Joint Initial Status Report no later than March 12, 2024. Emailed notice (axc). [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 19 STATUS Report Joint Status Report Following JPML Determination by Mohamad Tlaib (Streisfeld, Jonathan) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 18 ATTORNEY Appearance for Defendant Procter & Gamble Company by Andrew James Soukup (Soukup, Andrew) [Transferred from Illinois Northern on 4/12/2024.] |
Filing 17
ORDER GRANTING JOINT MOTION TO STAYALL PROCEEDINGS PENDING JPML DETERMINATION: Signed by the Honorable Franklin U. Valderrama on 10/12/2023. Emailed notice (axc). [Transferred from Illinois Northern on 4/12/2024.]
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| Filing 16 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants the parties' joint motion to stay all proceedings pending JPML determination in In re: Oral Phenylephrine Marketing and Sales Practices Litigation, MDL No. 3089 #12 . All deadlines, including Defendant's obligation to respond to the Complaint and the joint initial status report deadline #8 are hereby vacated. If the JPML does not transfer this action to an MDL, the Parties shall file a status report within 14 days of the JPML's ruling requesting a deadline be set for Defendant's initial response to the Complaint and deadlines for any other matters consistent with this Court rules. Enter order. Emailed notice (axc). [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 15 ATTORNEY Appearance for Plaintiff Mohamad Tlaib by Jonathan Marc Streisfeld (Streisfeld, Jonathan) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 14 ATTORNEY Appearance for Plaintiff Mohamad Tlaib by Kristen Lake Cardoso (Cardoso, Kristen) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 13 ATTORNEY Appearance for Plaintiff Mohamad Tlaib by Jeffrey M. Ostrow (Ostrow, Jeffrey) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 12 MOTION by Defendant Procter & Gamble Company to stay all Proceedings Pending JPML Determination (Joint Motion) (Perdew, Phillip) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 11 ATTORNEY Appearance for Defendant Procter & Gamble Company by Alyssa Marie Gregory (Gregory, Alyssa) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 10 ATTORNEY Appearance for Defendant Procter & Gamble Company by Phillip Russell Perdew (Perdew, Phillip) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 9 SUMMONS Returned Executed by Mohamad Tlaib as to Procter & Gamble Company on 9/22/2023, answer due 10/13/2023. (Klinger, Gary) [Transferred from Illinois Northern on 4/12/2024.] |
| SUMMONS Issued as to Defendant Procter & Gamble Company (mek,) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 8 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 12/04/2023 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Emailed notice (axc). [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 7 ATTORNEY Appearance for Plaintiff Mohamad Tlaib by Ryan Thomas Gott (Gott, Ryan) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 6 ATTORNEY Appearance for Plaintiff Mohamad Tlaib by Melissa Susan Weiner (Weiner, Melissa) [Transferred from Illinois Northern on 4/12/2024.] |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (jcm) [Transferred from Illinois Northern on 4/12/2024.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jcm) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 5 ATTORNEY Appearance for Plaintiff Mohamad Tlaib by Erin J. Ruben (Ruben, Erin) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 4 ATTORNEY Appearance for Plaintiff Mohamad Tlaib by John Hunter Bryson (Bryson, John) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 3 ATTORNEY Appearance for Plaintiff Mohamad Tlaib by Nick Suciu, III (Suciu, Nick) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 2 CIVIL Cover Sheet (Klinger, Gary) [Transferred from Illinois Northern on 4/12/2024.] |
| Filing 1 COMPLAINT filed by Mohamad Tlaib; Jury Demand. Filing fee $ 402, receipt number AILNDC-21100126.(Klinger, Gary) [Transferred from Illinois Northern on 4/12/2024.] |
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