Riccio v. Pfizer, Inc.
| Rose Riccio, Paul Mateer and William Mitchell |
| Pfizer Inc., GlaxoSmithKline Consumer Healthcare Holdings (US) LLC and Haleon US Holdings LLC d/b/a Haleon |
| 1:2024cv02795 |
| 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-13843. Original file certified copy of transfer order and docket sheet received. |
| The case of Riccio v. Pfizer, Inc., has been transferred from Northern District of Illinois to the Eastern District of New York. The new case number is 24-cv-2795. 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. (gcy, ) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 35 CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to Eastern District of New York. (gcy, ) [Transferred from Illinois Northern on 4/15/2024.] |
| ***Civil Case Terminated pursuant to MDL 3089 Transfer Order filed 4/11/24. (gcy, ) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 34 MINUTE entry before the Honorable Joan B. Gottschall: In their joint response #33 filed 2/15/2024, the parties represent that "Plaintiffs no longer oppose Defendant's Emergency Motion to Stay All Proceedings Pending JPML Determination." ECF No. 33 at 1 (citing Emergency Mot. to Stay, ECF No. 30). Based on this representation, defendant's emergency motion #30 to stay is granted. This case is stayed pending the decision of the Judicial Panel on Multidistrict Litigation ("JPML") on the motion to transfer dated 1/18/2024 (docketed in this matter at ECF No. #29 ) in In re: Oral Phenylephrine Marketing and Sales Practices Litigation, MDL No. 3089. All outstanding deadlines, including the deadline of 3/18/2024 to answer or move to dismiss the amended complaint, are stricken. If the JPML does not transfer this case, the parties must advise this court by filing a status report within 14 days of the JPML's decision. Mailed notice (mjc, ) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 33 RESPONSE by Defendant Haleon US Holdings LLC to motion to stay #30 / Joint Update Regarding Non-Opposition to Defendant's Emergency Motion to Stay All Proceedings Pending JPML Determination (Bladow, Robyn) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 32 RESPONSE by Paul Mateer, William Mitchell, Rose Riccioin Opposition to MOTION by Defendant Haleon US Holdings LLC to stay / Emergency Motion to Stay All Proceedings Pending JPML Determination #30 PLAINTIFFS' RESPONSE IN OPPOSITION TO DEFENDANT'S EMERGENCY MOTION TO STAY ALL PROCEEDINGS PENDING JPML DETERMINATION (Attachments: #1 Exhibit A)(Suciu, Nick) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 31 MINUTE entry before the Honorable Joan B. Gottschall: Defendant represents that it styled its motion #30 to stay as an emergency motion because it is time-sensitive relative to the 3/18/2024 deadline #27 to answer or otherwise respond to the amended complaint. Mot. to Stay 2 n.1, ECF No. 30. Defendant "respectfully requests a ruling by February 26, 2024, or as soon as possible thereafter, to avoid unnecessary expense and motion practice." Id. at 2 n.1. Defendant's emergency motion #30 to stay is briefed as follows: response due: 2/13/2024; reply due: 2/20/2024. If defendant files its reply brief before the 2/20/2024 deadline, the motion #30 will be taken under advisement immediately upon the filing of defendant's reply. The court will make every effort to rule by 2/26/2024. Mailed notice (mjc, ) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 30 MOTION by Defendant Haleon US Holdings LLC to stay / Emergency Motion to Stay All Proceedings Pending JPML Determination (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Bladow, Robyn) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 29 MOTION for Transfer pursuant to 28 U.S.C. 1407 by Defendants The Procter & Gamble Company, Johnson And Johnson Consumer Inc., Haleon US Holdings LLC. (Attachments: #1 Exhibit)(gcy, ) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 28 AMENDED complaint by Rose Riccio, Paul Mateer, William Mitchell against Haleon US Holdings LLC and terminating GlaxoSmithKline Consumer Healthcare Holdings (US) LLC and Pfizer, Inc. (Suciu, Nick) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 27 MINUTE entry before the Honorable Joan B. Gottschall: The parties' agreed schedule #26 for filing an amended complaint and for briefing any motion to dismiss the amended complaint is approved. Plaintiff's amended complaint must be filed on or before 1/17/2024. Defendant has until and including 3/18/2024 to answer or move to dismiss the amended complaint. Any motion to dismiss the amended complaint will be briefed as follows: response due: 4/17/2024; reply due: 5/8/2024. If defendant does not file a motion to dismiss the amended complaint, a joint status report proposing a discovery plan must be filed by and including 4/1/2024. Mailed notice (mjc, ) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 26 STATUS Report (Joint) by Rose Riccio (Weiner, Melissa) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 25 ATTORNEY Appearance for Plaintiff Rose Riccio by Russell Busch (Busch, Russell) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 24 MINUTE entry before the Honorable Joan B. Gottschall: The parties' joint request #23 for an additional week to confer regarding the timing of the filing of plaintiff's anticipated amended complaint and any motion practice concerning the anticipated amended complaint is granted. The next status report is due on or before 1/12/2024. Mailed notice (mjc, ) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 23 STATUS Report Joint by Rose Riccio (Weiner, Melissa) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 22 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 4/15/2024.] |
| Filing 21 MINUTE entry before the Honorable Joan B. Gottschall: The parties report #20 that the Judicial Panel on Multidistrict Litigation declined to include this case in MDL No. 3089. The limited stay of this action is therefore lifted. As the parties suggest, a status report proposing a schedule for further proceedings is due on or before 1/5/2024. Mailed notice (mjc, ) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 20 STATUS Report JOINT STATUS REPORT by Rose Riccio (Weiner, Melissa) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 19 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pfizer, Inc. (Bladow, Robyn) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 18 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC (Bladow, Robyn) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 17 ATTORNEY Appearance for Defendants Pfizer, Inc., GlaxoSmithKline Consumer Healthcare Holdings (US) LLC by Robyn Eileen Bladow (Bladow, Robyn) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 16 ATTORNEY Appearance for Plaintiff Rose Riccio by Jonathan Marc Streisfeld (Streisfeld, Jonathan) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 15 ATTORNEY Appearance for Plaintiff Rose Riccio by Kristen Lake Cardoso (Cardoso, Kristen) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 14 ATTORNEY Appearance for Plaintiff Rose Riccio by Jeffrey M. Ostrow (Ostrow, Jeffrey) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 13 MINUTE entry before the Honorable Joan B. Gottschall: Counsel for defendant is instructed to file a notice of appearance and the notice of affiliates required by Local Rule 3.2 on or before 10/23/2023. Mailed notice (mjc, ) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 12 MINUTE entry before the Honorable Joan B. Gottschall: The parties' joint motion #11 for leave to file an amended complaint and to enter a limited stay is granted. By request and agreement of the parties, this case is stayed pending the decision of the Judicial Panel on Multidistrict Litigation ("JPML") on the motion to transfer in In re: Oral Phenylephrine Marketing and Sales Practices Litigation, MDL No. 3089. Plaintiff has represented that she intends to file an amended complaint in this case. This order entering a stay does not preclude plaintiff from filing an amended complaint consistent with the representations made in the parties' joint motion #11 and Fed. R. Civ. P. 15(a). All outstanding deadlines, including the deadline of 11/29/2023 to file a joint initial status report, are stricken. As the parties have agreed, if the JPML does not transfer this case, the parties must advise this court by filing a status report within 14 days of the JPML's decision. Mailed notice (mjc, ) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 11 MOTION by Plaintiff Rose Riccio to stay Joint Motion Regarding Plaintiff's Filing of an Amended Complaint and Stay pending Determination by the Judicial Panel on Multidistrict Litigation (Weiner, Melissa) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 10 SUMMONS Returned Executed by Rose Riccio as to Pfizer, Inc. on 9/25/2023, answer due 10/16/2023. (Klinger, Gary) [Transferred from Illinois Northern on 4/15/2024.] |
Filing 9
ORDER signed by the Honorable Joan B. Gottschall on 9/22/2023. Mailed notice. (mgh, ) [Transferred from Illinois Northern on 4/15/2024.]
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| Filing 8 MINUTE entry before the Honorable Joan B. Gottschall: An initial status report is due on or before November 29, 2023. Counsel and parties are directed to familiarize themselves with the pretrial procedures in Judge Gottschall's case management packet, which is available from the court's website at http://www.ilnd.uscourts.gov. Please pay particular attention to the requirement to exchange initial disclosures within 14 days of the parties' initial discovery planning conference and the court's requirement that the parties are to explore settlement opportunities and identify areas of agreement prior to the filing of the first status report. See Fed. R. Civ. P. 26(a)(1)(C) and 26(f)(2). If, by the due date of the scheduled status report, defendants have not been served, plaintiff should send an email to the chambers email account, chambers_gottschall@ilnd.uscourts.gov, to reset the status date. Counsel in cases removed from another court should follow these procedures to the extent applicable. See the order and Judge Gottschall's case management packet for further details. Mailed notice. (mgh, ) [Transferred from Illinois Northern on 4/15/2024.] |
| SUMMONS Issued as to Defendant Pfizer, Inc. (mek) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 7 ATTORNEY Appearance for Plaintiff Rose Riccio by Ryan Thomas Gott (Gott, Ryan) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 6 ATTORNEY Appearance for Plaintiff Rose Riccio by Melissa Susan Weiner (Weiner, Melissa) [Transferred from Illinois Northern on 4/15/2024.] |
| 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. (mek, ) [Transferred from Illinois Northern on 4/15/2024.] |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (mek,) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 5 ATTORNEY Appearance for Plaintiff Rose Riccio by Erin J. Ruben (Ruben, Erin) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 4 ATTORNEY Appearance for Plaintiff Rose Riccio by John Hunter Bryson (Bryson, John) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 3 ATTORNEY Appearance for Plaintiff Rose Riccio by Nick Suciu, III (Suciu, Nick) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 2 CIVIL Cover Sheet (Klinger, Gary) [Transferred from Illinois Northern on 4/15/2024.] |
| Filing 1 COMPLAINT filed by Rose Riccio; Jury Demand. Filing fee $ 402, receipt number AILNDC-21100598.(Klinger, Gary) [Transferred from Illinois Northern on 4/15/2024.] |
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