Wurthmann v. Sanofi US Services Inc. et al
| Susan Wurthmann |
| Sanofi US Services Inc., Hospira Worldwide, LLC, Sun Pharmaceutical Industries Inc., Sanofi-Aventis U.S. LLC, Sandoz Inc., Accord Healthcare, Inc., HOSPIRA INC, Sun Pharma Global FZE, McKesson Corporation doing business as McKesson Packaging, Sanofi-Aventis U.S. Inc., Hospira Worldwide, Inc. and Caraco Pharmaceutical Laboratories Ltd. |
| 2:2023cv08655 |
| November 21, 2023 |
| US District Court for the Eastern District of New York |
| Nusrat Jahan Choudhury |
| Lee G Dunst |
| Arlene R Lindsay |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
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| Filing 19 Letter responding to Court Order on 12/21/23 by Susan Wurthmann (Browne, Ryan) |
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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| Filing 18 STATUS REPORT - Joint Status Letter by Sanofi US Services Inc., Sanofi-Aventis U.S. LLC (DePaz, Matthew) |
| PRO HAC VICE FILING FEE: re #16 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17361989 $ 150, receipt number ANYEDC-17366713 (Browne, Ryan) |
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ORDER re #16 : The Motion of Ryan Jon Browne for Leave to Appear Pro Hac Vice is granted. 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 Magistrate Judge Arlene R. Lindsay on 12/11/2023. c/ecf (RI)
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| Filing 17 AFFIDAVIT/AFFIRMATION in Support of Motion to Admit Counsel Pro Hac Vice by Susan Wurthmann (Attachments: #1 Certificates of Good Standing) (Browne, Ryan) |
| Filing 16 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17361989 by Susan Wurthmann. (Attachments: #1 Certificates of Good Standing) (Browne, Ryan) |
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ORDER re #13 : The Motion of Matthew DePaz for Leave to Appear Pro Hac Vice is granted. 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 Magistrate Judge Arlene R. Lindsay on 12/4/2023. c/ecf (RI)
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| Filing 15 NOTICE of Appearance by Maureen Doerner-Fogel on behalf of Sanofi US Services Inc. (aty to be noticed) (Doerner-Fogel, Maureen) |
| Filing 14 NOTICE of Appearance by Maureen Doerner-Fogel on behalf of Sanofi-Aventis U.S. LLC (aty to be noticed) (Doerner-Fogel, Maureen) |
| Filing 13 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17319103 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 (Vita, William) |
| Filing 11 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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STATUS REPORT ORDER The parties are directed to file a joint Status Report letter detailing remaining discovery to be conducted and any anticipated motion practice by December 11, 2023.Ordered by Magistrate Judge Arlene R. Lindsay on 11/27/2023. (BJ)
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Filing 10
ORDER OF RECUSAL. Magistrate Judge Lee G. Dunst recused. Case randomly reassigned to Magistrate Judge Arlene R. Lindsay for all further proceedings. So Ordered by Magistrate Judge Lee G. Dunst on 11/22/2023. (GO)
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| Filing 9 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 8 Case transferred in from District of Louisiana Eastern; Case Number 2:18-cv-12224. Original file certified copy of transfer order and docket sheet received. |
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Filing 7
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 11/21/2023.]
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| The case of Wurthmann 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-8655-NJC-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 6 Joint Designation of Record for MDL Transfer by Sanofi US Services Inc., Sanofi-Aventis U.S. LLC. Joint Designation of General and Case-Specific MDL Records to be included Upon Remand (Attachments: #1 Exhibit A - Transfer of Orders, #2 Exhibit B - PTO, #3 Exhibit C - CMO, #4 Exhibit D - Pleadings, #5 Exhibit E - Orders on Dispositive Motions, #6 Exhibit F - Daubert Orders, #7 Exhibit G - MIL Orders)(Moore, Douglas) [Transferred from Louisiana Eastern on 11/21/2023.] |
| Filing 5 **FILED IN ERROR, Re-Filed at Doc. #6 ** 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) Modified on 10/6/2023 (sa). [Transferred from Louisiana Eastern on 11/21/2023.] |
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Filing 4
PRETRIAL ORDERS. Signed by Judge Jane Triche Milazzo.(ADI) [Transferred from Louisiana Eastern on 11/21/2023.]
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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 Pharma Global FZE, Sun Pharmaceutical Industries, Inc.. (mp) [Transferred from Louisiana Eastern on 11/21/2023.] |
| Filing 2 Initial Case Assignment to Judge Jane Triche Milazzo and Magistrate Judge Michael North. (gk) [Transferred from Louisiana Eastern on 11/21/2023.] |
| Filing 1 COMPLAINT with jury demand against All Defendants (Filing fee $ 400 receipt number 053L-7276161) filed by Susan Wurthmann. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons)Attorney Spencer Paul Browne added to party Susan Wurthmann(pty:pla).(Browne, Spencer) [Transferred from Louisiana Eastern on 11/21/2023.] |
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