Cerrone v. Johnson & Johnson Health and Wellness Solutions, Inc. et al
| Thomas Cerrone |
| Johnson & Johnson, Kolmar Laboratories, Inc., Johnson & Johnson Health and Wellness Solutions, Inc. and Johnson Consumer Companies, Inc. |
| 1:2021cv00184 |
| February 17, 2021 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Brenda K Sannes |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on April 5, 2021. A more recent docket listing may be available from PACER.
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| Filing 21 REPLY to Response to Motion re #15 MOTION to Remand to State Court filed by Thomas Cerrone. Motion returnable before Judge Brenda K. Sannes filed by Thomas Cerrone. (Attachments: #1 Declaration of Seth A. Dymond in further support of Motion to Remand to State Court, #2 Exhibit(s) G - article regarding J&J Royston, GA plant, #3 Exhibit(s) H - 1973 CTFA Report, #4 Exhibit(s) I - excerpt of Plaintiff's Responses to Interrogatories, #5 Certificate of Service)(Dymond, Seth) |
| Filing 20 REPLY to Response to Motion re #14 MOTION for Judgment on the Pleadings filed by Johnson & Johnson Health and Wellness Solutions, Inc.. Motion returnable before Judge Brenda K. Sannes (Reply to Unopposed MOTION for Judgment on the Pleadings) filed by Johnson & Johnson Health and Wellness Solutions, Inc.. (Kurland, Thomas) |
Filing 19
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 20 days (Jury Trial). Preferred Trial Location: Albany, NY. Joinder of Parties due by 4/12/2021. Amended Pleadings due by 4/26/2021. Discovery due by 2/11/2022. Plaintiffs Expert Disclosure Deadline is 9/27/2021. Defendants Expert Disclosure Deadline is 11/15/2021. Rebuttal Expert Disclosure Deadline is 11/29/2021(Plaintiff), 12/13/2021(Defendants). Motions to be filed by 3/11/2022. Status Report due by 10/4/2021. Signed by Magistrate Judge Christian F. Hummel on 3/31/2021. (tab)
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Filing 18
TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on 3/29/2021. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED. Authorized by Magistrate Judge Christian F. Hummel on 3/31/2021. (tab)
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| Filing 17 RESPONSE in Opposition re #15 MOTION to Remand to State Court filed by Thomas Cerrone. Motion returnable before Judge Brenda K. Sannes filed by Johnson & Johnson, Johnson Consumer Companies, Inc.. (Attachments: #1 Declaration of Thomas P. Kurland, #2 Exhibit(s) JBP Process Specification Index, #3 Exhibit(s) Excerpts from Robert Edmonds Deposition, #4 Exhibit(s) Excerpts from Brenda Leek Deposition, #5 Exhibit(s) Excerpts from Edward Kausmeyer Deposition, #6 Exhibit(s) Excerpts from Ronald Yakupcin Deposition, #7 Exhibit(s) Excerpts from James Mittenthal Deposition, #8 Exhibit(s) Excerpts from Pamela Locatell Deposition (2018), #9 Exhibit(s) Windsor Consolidated Income Statement, #10 Exhibit(s) JBP Process Specification, #11 Exhibit(s) CTFA Talc Subcommittee Report, #12 Exhibit(s) Excerpts from Pamela Locatell Deposition (2020), #13 Exhibit(s) 1981 Memorandum re Talc Testing, #14 Exhibit(s) 1982 Memorandum re Talc Testing, #15 Exhibit(s) Email Chain re Adjourning Deposition)(Kurland, Thomas) |
| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 3/29/2021 by telephone. Appearances by Seth Dymond, Esq. for plaintiff, Thomas Kurland, Esq. for Defendant. After speaking to parties about the pending motions in this case and the general posture of this type of litigation, the Court agrees to adopt the case deadlines as set forth in the parties' civil case management plan. A Scheduling Order will be issued. (tab) |
| Filing 16 CIVIL CASE MANAGEMENT PLAN by Thomas Cerrone. (Dymond, Seth) |
| Filing 15 MOTION to Remand to State Court filed by Thomas Cerrone. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 3/30/2021. Reply to Response to Motion due by 4/6/2021 (Attachments: #1 Memorandum of Law in support of remand, #2 Declaration of Seth A. Dymond in support, #3 Exhibit(s) A - Proof of Service on Kolmar Laboratories, Inc., #4 Exhibit(s) B - Yakupcin Dep. excerpt, #5 Exhibit(s) C - 1987 J&J Specification, #6 Exhibit(s) D - Locatell Dep. excerpt, #7 Exhibit(s) E - Leek Dep. excerpt, #8 Exhibit(s) F - 1982 J&J Finesse Profile, #9 Certificate of Service) (Dymond, Seth) |
| Filing 14 MOTION for Judgment on the Pleadings filed by Johnson & Johnson Health and Wellness Solutions, Inc.. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 3/25/2021. Reply to Response to Motion due by 4/1/2021 (Attachments: #1 Memorandum of Law, #2 Declaration of Thomas P. Kurland, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D) (Kurland, Thomas) |
| Filing 13 COURT NOTICE of dial-in instructions for Chambers Teleconference: This case is scheduled for it's Initial Conference on 3/29/2021 @ 9:30 AM. This Court conference will be conducted by telephone and the parties are directed to dial in at 1-888-684-8852, enter Access code 9772719#, and use Security code 1234# to join the call. (tab) |
| Filing 12 NOTICE of Appearance by Seth A. Dymond on behalf of Thomas Cerrone (Dymond, Seth) |
| Filing 11 ANSWER to Complaint (Notice of Removal) Johnson & Johnson Health and Wellness Solutions, Inc.'s Answer and Affirmative Defenses to Plaintiff's First Amended Complaint by Johnson & Johnson Health and Wellness Solutions, Inc.. (Kurland, Thomas) |
| Filing 10 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Johnson & Johnson Health and Wellness Solutions, Inc. identifying Corporate Parent Johnson & Johnson for Johnson & Johnson Health and Wellness Solutions, Inc... (Kurland, Thomas) |
| Filing 9 ANSWER to Complaint (Notice of Removal) Johnson & Johnson Consumer Inc.'s Answer and Affirmative Defenses to Plaintiff's First Amended Complaint by Johnson Consumer Companies, Inc.. (Kurland, Thomas) |
| Filing 8 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Johnson Consumer Companies, Inc. identifying Corporate Parent Johnson & Johnson for Johnson Consumer Companies, Inc... (Kurland, Thomas) |
| Filing 7 ANSWER to Complaint (Notice of Removal) Johnson & Johnson's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint by Johnson & Johnson. (Kurland, Thomas) |
| Filing 6 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Johnson & Johnson. (Kurland, Thomas) |
| Filing 5 AFFIDAVIT of Service for Notice of Removal and supporting documents served on Attorneys for Plaintiff and Defendant Kolmar Laboratories, Inc. on February 18, 2021, filed by Johnson & Johnson, Johnson & Johnson Health and Wellness Solutions, Inc., Johnson Consumer Companies, Inc.. (Kurland, Thomas) |
| ***Answer due date updated for Johnson & Johnson answer due 2/26/2021; Johnson & Johnson Health and Wellness Solutions, Inc. answer due 2/26/2021; Johnson Consumer Companies, Inc. answer due 2/26/2021. (see) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/29/2021 at 09:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/22/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) |
| Filing 3 NOTICE of Admission Requirement as to Party Thomas Cerrone; Attorney Joseph W. Belluck. Phone number is 212-681-1575. Admissions due by 3/3/2021. {Letter mailed on 2/17/2021 to attorney by regular mail}(see) |
| Filing 2 STATE COURT AMENDED COMPLAINT along with a copy of original summons and complaint relating to #1 Notice of Removal. (Attachments: #1 State Court Original Summons and Complaint)(see) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court, Rensselaer County, case number EF2021-268052 (Filing fee $402 receipt number CNYNDC-5424489) filed by Johnson Consumer Companies, Inc., Johnson & Johnson Health and Wellness Solutions, Inc., and Johnson & Johnson. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Civil Cover Sheet)(see) |
| A copy of #4 G.O. 25 Filing Order was mailed to Attorney Belluck on 2/17/2021 by regular mail. (see) |
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