Gioia v. Janssen Pharmaceutical
| Mariafrancesca Gioia |
| Janssen Pharmaceuticals Inc. and Janssen Pharmaceutical |
| 2:2023cv01187 |
| February 13, 2023 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Steven I Locke |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 26 CERTIFICATE OF SERVICE by Janssen Pharmaceutical re #24 Status Conference,,, (Moosmann, David) |
| Filing 25 Letter to Judge Azrack re: Request for Briefing Schedule and for a Filing Injunction by Janssen Pharmaceutical (Kurland, Thomas) |
Filing 24
Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Status Conference held on 4/12/2023. No appearance from Plaintiff. This matter is stayed pending the Courts determination as to Defendants request for a pre-motion conference, see DE #11 , and Plaintiffs indication that she does not want this case litigated in the Eastern District of New York (whether considered a motion to withdraw the case pursuant to Rule 41, a motion to remand, or something else), see DE #18 . Defendant is further directed to advise this Court of the need to conference this case once the pending motions are decided. Defendant is directed to serve a copy of this order on Plaintiff and file proof of service via ECF. So Ordered by Magistrate Judge Steven I. Locke on 4/12/2023. (KG)
|
| Filing 23 NOTICE of Appearance by David M. Moosmann on behalf of Janssen Pharmaceutical (notification declined or already on case) (Moosmann, David) Modified on 4/6/2023 to correct attorney middle initial (LC). |
|
Electronic ORDER granting DE #15 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, and 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. Ordered by Magistrate Judge Steven I. Locke on 4/5/2023. (LP)
|
| Filing 22 Letter to the Hon. Steven Locke in response to the Court's Order #19 and in response to Plaintiff's letters #18 and #21 by Janssen Pharmaceutical (Kurland, Thomas) |
| Filing 21 Letter dated 3/23/2023 from Pro Se Plaintiff to Judge Locke regarding #18 Motion to Dismiss case. (LJ) |
| Filing 20 CERTIFICATE OF SERVICE by Janssen Pharmaceutical re #19 Status Conference,,,,,,,, Set Hearings,,,,,,, (Moosmann, David) |
|
Filing 19
Minute Entry for proceedings held before Magistrate Judge Steven I. Locke: Initial scheduling conference held. No appearance by Plaintiff who filed a letter motion indicating a desire to withdraw her case. See DE #18 . Defendant appeared via counsel with a pro hac vice admission motion pending, DE #15 , to which no objection has been filed, but the time to object has not run. That being said, Defendant indicated its objection to the motion to withdraw arguing that this is Plaintiffs third attempt to press the same claims having failed twice before. Accordingly, Defendant wants to pursue an injunction to prevent further litigation on these claims without prior Court permission. In any event, and further complicating matters, Plaintiffs motion, though difficult to understand, appears to claim some type of unspecified bullying by defense counsel and unfair treatment by the Court in prior litigation. Because the Court takes such claims seriously, this conference is adjourned in order to give Plaintiff another opportunity to explain the bases for her position sufficient that it be addressed by the Court. Finally, the Court directs Defendant to be prepared at the next conference to address whether its pre-motion letter in support its motion to dismiss constitutes a responsive pleading that would allow it to object to withdrawal of the case under Rules 41 and 12 of the Federal Rules of Civil Procedure and prevent the Court from granting Plaintiffs motion.Next conference will be a phone conference: April 12, 2023 at 11:00 am. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. Defendant is directed serve copy of this order on Plaintiff and file proof of service via ECF. So Ordered by Magistrate Judge Steven I. Locke on 3/23/23. (JG)
|
| Filing 18 Letter MOTION to Dismiss / I want to withdrawal this case from Eastern District Court of NY, by Mariafrancesca Gioia. (GO) |
| Filing 17 CERTIFICATE OF SERVICE by Janssen Pharmaceutical of copies of Court order, Individual Rules and Scheduling Order Worksheet on March 14, 2023 by mail (Moosmann, David) |
| Filing 15 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16518341. by Janssen Pharmaceutical. (Attachments: #1 Affidavit of David Moosmann, #2 Certificate of Good Standing) (Moosmann, David) |
| Filing 14 Letter From Thomas P. Kurland to Magistrate Locke in Response to March 7, 2023 Order by Janssen Pharmaceutical (Attachments: #1 Exhibit A - Plaintiff's March 16, 2023 E-mail) (Kurland, Thomas) |
| Filing 16 LETTER dated 3/20/2023 from Pro Se Office to pro se litigant. The enclosed letter is being returned without docketing or consideration. The papers appear to be intended for another court or agency. The Court cannot act on your submission(s). To the extent that it is your intent to start a new action, or to file a motion, please request the appropriate form(s) from our website or from our office. Other: It appears that your document is addressed to the the defendant and not the Court. Correspondence between parties are not filed with the Court. (LC) |
|
Filing 13
INITIAL CONFERENCE ORDER: An Initial Conference is set for 3/23/2023 at 10:00 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. Counsel for Defendant is instructed to serve a copy of this order and its attachments on pro se Plaintiff and electronically file proof of service. Ordered by Magistrate Judge Steven I. Locke on 3/7/2023. (Attachments: #1 SIL Individual Rules, #2 Scheduling Order Worksheet) (KG)
|
| Filing 12 STATE COURT RECORD Received from Supreme Court State of New York, Suffolk County, 205559/2022; containing the Clerks' minutes and notice of removal. (GO) |
| Filing 11 Letter Motion to Judge Azrack Requesting a Pre-Motion Conference by Janssen Pharmaceutical (Attachments: #1 Exhibit A - February 15, 2023 Letter to Judge Brown) (Kurland, Thomas) Modified on 3/1/2023 to change event type to pre-motion conference (LC). |
| Filing 10 Notice of Related Cases: 19-cv-4629-JMA-SIL, 19-cv-5377-JMA-SIL, 20-cv-4014-JMA-SIL and 23-cv-1419-JMA-SIL The Case was directly assigned as a related Pro Se/Habeas Case. (DC) |
|
ORDER REASSIGNING CASE. Case reassigned to Judge Joan M. Azrack and Magistrate Judge Steven I. Locke (as related to 20-cv-4014)for all further proceedings. Judge Gary R. Brown, Magistrate Judge Anne Y. Shields no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 2/23/2023. (KD)
|
| Filing 9 Letter from Mariafrancesca Gioia regarding case (JC) |
| Filing 8 Letter to the Hon. Gary R. Brown requesting a Pre-Motion Conference and for a filing injunction by Janssen Pharmaceutical (Kurland, Thomas) |
| Filing 7 CERTIFICATE OF SERVICE by Janssen Pharmaceutical re #1 Notice of Removal, #3 Proposed Summons/Civil Cover Sheet (Kurland, Thomas) |
| Filing 6 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates related cases. (LJ) |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (LJ) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 3 Civil Cover Sheet.. Re Notice: Re: Incomplete Civil Cover Sheet, #1 Notice of Removal, by Janssen Pharmaceutical (Kurland, Thomas) Modified on 2/14/2023 (LJ). |
| Notice: Re: Incomplete Civil Cover Sheet. A completed Civil Cover Sheet was not filed - specifically page 2 of the document - please complete all applicable questions under Certificate of Arbitration, Disclosure Statement, NY-E Division of Business Rule 1(c) and Bar Admission. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (LJ) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ) |
| Filing 2 Corporate Disclosure Statement by Janssen Pharmaceutical identifying Corporate Parent Johnson & Johnson for Janssen Pharmaceuticals Inc.. (Kurland, Thomas) Modified on 2/14/2023 (LJ). |
| Filing 1 NOTICE OF REMOVAL by Janssen Pharmaceutical from Supreme Court of the State of New York, County of Suffolk, case number 205559/2022. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number BNYEDC-16405242) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, Copies of all papers filed in the state court) (Kurland, Thomas) Modified on 2/14/2023 (LJ). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
