Miller v. Sanofi US Services Inc. et al
| Carolyn Miller |
| Hospira Worldwide, LLC, Sanofi US Services Inc., Sun Pharmaceutical Industries Inc., Sandoz Inc., Accord Healthcare, Inc., HOSPIRA INC, Hospira Worldwide, Inc., Sanofi-Aventis U.S. Inc., Sanofi-Aventis U.S. LLC, McKesson Corporation doing business as McKesson Packaging and Caraco Pharmaceutical Laboratories Ltd. |
| 2:2023cv08293 |
| November 8, 2023 |
| US District Court for the Eastern District of New York |
| Nusrat Jahan Choudhury |
| Lee G Dunst |
| Steven Tiscione |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
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| Filing 18 Letter In Response to the Court's December 28, 2023 Order by Carolyn Miller (Attachments: #1 Exhibit Short Form Complaint, #2 Exhibit Second Amended Master Long Form Complaint) (LoPalo, Christopher) |
ORDER. The Court finds that there is complete diversity between Plaintiff and the Defendants. See Tagger v. Strauss Grp. Ltd., 951 F.3d 124, 126 (2d Cir. 2020). As stated in the Complaint, Plaintiff is a citizen of New York. ECF No. #1 . Defendant Sanofi US Services Inc. is incorporated in Delaware and maintains its principal place of business in New Jersey, and is therefore a citizen of those states. ECF No. #17 . Defendant Sanofi-Aventis U.S. LLC is a Delaware limited liability company, with a principal place of business in New Jersey, and its sole member is Sanofi S.A., which has its principal place of business in Paris, France. The Court is not able, however, to discern the amount in controversy from the face of the Complaint. Accordingly, in order to determine whether federal subject matter jurisdiction exists, Plaintiff is hereby directed to file a letter identifying the allegations of the Complaint establishing that the amount-in-controversy requirement for jurisdiction under 28 U.S.C. 1332(a) is satisfied on or before January 5, 2024. Ordered by Judge Nusrat J. Choudhury on 12/28/2023. (ASB)
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| Filing 17 Letter Response to Court by Carolyn Miller (LoPalo, Christopher) |
| Filing 16 NOTICE of Appearance by Christopher R. LoPalo on behalf of Carolyn Miller (aty to be noticed) (LoPalo, Christopher) |
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ORDER. Plaintiff's Complaint, ECF No. #1 , alleges that this Court has diversity subject matter jurisdiction under 28 U.S.C. 1332. The allegations regarding the citizenship of Defendants Sanofi US Services Inc. and Sanofi-Aventis U.S. LLC are insufficient.Diversity jurisdiction under 28 U.S.C. 1332(a) requires complete diversity among the plaintiffs and defendants. See Tagger v. Strauss Grp. Ltd., 951 F.3d 124, 126 (2d Cir. 2020); see also Herrick Co. v. SCS Commc'ns, Inc., 251 F.3d 315, 322 (2d Cir. 2001) ("[Diversity jurisdiction is available only when all adverse parties to a litigation are completely diverse in their citizenships."). For the purposes of diversity jurisdiction, a party's citizenship depends on its domicile, which "is the place where that individual has a true, fixed home and principal establishment, and to which, whenever that person is absent from the jurisdiction, he or she has the intention of returning[.]" 13E Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure 3612 (3d ed. 2021); Van Buskirk v. United Grp. of Cos., Inc., 935 F.3d 49, 53 (2d Cir. 2019). "For diversity purposes, a corporation is considered a citizen of the state in which it is incorporated and the state of its principal place of business." Bayerische Landesbank v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 48 (2d Cir. 2012). As for an LLC, "the citizenship of a limited liability company is determined by the citizenship of each of its members." Carter v. HealthPort Techs., LLC, 822 F.3d 47, 60 (2d Cir. 2016). Plaintiff alleges diversity because she is a citizen of New York but fails to assert the citizenship of either of the two remaining Defendants. See Snyder Corp. v. Fitness Ridge Worldwide, LLC, 2018 U.S. Dist. LEXIS 47514 at *5 (W.D.N.Y. 2018) (establishing diversity requires affirmative statements of the identity and citizenship of all parties and the members thereof: conclusory statements upon information and belief are insufficient). Accordingly, in order to determine whether federal subject matter jurisdiction exists, Plaintiff is hereby directed to file a letter identifying: (1) the state of incorporation and the state where Defendant Sanofi US Services Inc. has its principal place of business; and (2) the name and residency of each member of Defendant Sanofi-Aventis U.S. LLC on or before December 29, 2023. Ordered by Judge Nusrat Jahan Choudhury on 12/21/2023. (ASB)
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ORDER re #15 Status Report filed by Sanofi US Services Inc., Sanofi-Aventis U.S. LLC. The proposed discovery schedule is approved as follows: Fact discovery shall be completed by February 3, 2025; Plaintiff shall make required Rule 26(a)(2) disclosures on or before March 7, 2025; Defendants shall depose Plaintiff's experts by April 11, 2025; Defendants shall make required Rule 26(a)(2) disclosures on or before May 2, 2025; Plaintiff shall depose Defendants experts by June 13, 2025; Final date to take first step in Daubert motion practice, if any August 29, 2025; Final date to take first step in dispositive motion practice, if any by October 31, 2025. The parties decline to be referred to the EDNY's Mediation Program and do not consent to this case being assigned to a Magistrate Judge for all purposes. Accordingly, the Clerk of Court is directed to assign a District Judge to this case. So Ordered by Magistrate Judge Steven Tiscione on 12/12/2023. (LV)
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| NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (LV) |
| Case reassigned to Judge Nusrat Jahan Choudhury and Magistrate Judge Steven Tiscione. 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. (LF) |
| Filing 15 STATUS REPORT - Joint Status Letter and Discovery Plan by Sanofi US Services Inc., Sanofi-Aventis U.S. LLC (DePaz, Matthew) |
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Filing 14
STATUS REPORT ORDER. This case has been assigned to Magistrate Judge Steven Tiscione after being transferred to this District by the U.S. District Court for the Eastern District of Louisiana. By December 11, 2023, the parties shall file a joint letter describing the current procedural status of the case. See attached Order for further direction. So Ordered by Magistrate Judge Steven Tiscione on 11/27/2023. (LV)
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ORDER granting #13 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #13 submitted by Matthew DePaz for Defendants Sanofi US Services, Inc., and Sanofi-Aventis U.S. LLC and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 11/20/2023. (LV)
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| Filing 13 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17293775 by Sanofi US Services Inc., Sanofi-Aventis U.S. LLC. (Attachments: #1 Affidavit Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing) (DePaz, Matthew) |
| Filing 12 Corporate Disclosure Statement by Sanofi US Services Inc., Sanofi-Aventis U.S. LLC identifying Corporate Parent Sanofi for Sanofi US Services Inc., Sanofi-Aventis U.S. LLC. (Doerner-Fogel, Maureen) |
| Filing 11 NOTICE of Appearance by Maureen Doerner-Fogel on behalf of Sanofi US Services Inc., Sanofi-Aventis U.S. LLC (aty to be noticed) (Doerner-Fogel, Maureen) |
| Filing 10 NOTICE of Appearance by William Edward Vita on behalf of Sanofi US Services Inc., Sanofi-Aventis U.S. LLC (aty to be noticed) (Vita, William) |
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Filing 9
ORDER OF RECUSAL. Magistrate Judge Lee G. Dunst recused. Case randomly reassigned to Magistrate Judge Steven Tiscione for all further proceedings. Ordered by Magistrate Judge Lee G. Dunst on 11/9/2023. (GO)
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| Filing 8 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (DC) |
| Filing 7 Case transferred in from District of Louisiana Eastern; Case Number 2:18-cv-11761. Original file certified copy of transfer order and docket sheet received. |
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Filing 6
TRANSFER ORDER-Case transferred to Eastern District of New York. Signed by Judge Jane Triche Milazzo on 10/23/2023. (MDL 2740, Doc. 16511)(go) [Transferred from Louisiana Eastern on 11/8/2023.]
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| The case of Miller v. Sanofi US Services Inc. et al, has been transferred from U.S. District Court, Eastern District of Louisiana to the Eastern District of New York. The new case number is 23-cv-8293-LGD. 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. (DC) |
| Filing 5 Joint Designation of Record for MDL Transfer by Sanofi US Services Inc., Sanofi-Aventis U.S. LLC. Joint Designations of General and Case-Specific MDL Records to be included Upon Remand (Attachments: #1 1, #2 2, #3 3, #4 4, #5 5, #6 6, #7 7)(Moore, Douglas) [Transferred from Louisiana Eastern on 11/8/2023.] |
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Filing 4
PRETRIAL ORDERS. Signed by Judge Jane Triche Milazzo.(ADI) [Transferred from Louisiana Eastern on 11/8/2023.]
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| Filing 3 Summons Issued as to Accord Healthcare, Inc., Hospira Worldwide, LLC, Hospira, Inc., McKesson Corporation, Sandoz, Inc., Sanofi US Services Inc., Sanofi-Aventis U.S. LLC, Sun Pharmaceutical Industries, Inc.. (as) [Transferred from Louisiana Eastern on 11/8/2023.] |
| Filing 2 Initial Case Assignment to Judge Jane Triche Milazzo and Magistrate Judge Michael North. (ess) [Transferred from Louisiana Eastern on 11/8/2023.] |
| Filing 1 COMPLAINT with jury demand against All Defendants (Filing fee $ 400 receipt number 053L-7266055) filed by Carolyn Miller. (Attachments: #1 Civil Cover Sheet, #2 Summons Sanofi US Services Inc. f/k/a Sanofi-Aventis U.S. Inc., #3 Summons Sanofi-Aventis U.S. LLC, separately and d/b/a Winthrop U.S., #4 Summons Sandoz Inc., #5 Summons Accord Healthcare, Inc., #6 Summons McKesson Corporation d/b/a McKesson Packaging, #7 Summons Hospira, Inc., #8 Summons Hospira Worldwide, LLC f/k/a Hospira Worldwide, Inc., #9 Summons Sun Pharmaceutical Industries, Inc. f/k/a Caraco Pharmaceutical Laboratories, Ltd.)Attorney Ethan L. Shaw added to party Carolyn Miller(pty:pla).(Shaw, Ethan) [Transferred from Louisiana Eastern on 11/8/2023.] |
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