Browne v. JUUL Labs, Inc. et al
| Karen Browne |
| JUUL Labs, Inc., Philip Morris USA, Inc., Altria Group Distribution Company and Vapor King Inc. |
| 3:2020cv01073 |
| September 9, 2020 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Miroslav Lovric |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 33 REPLY to Response to Motion re #26 MOTION to Remand to State Court filed by Karen Browne. (Saucer, Sherri) |
| Filing 32 REPLY to Response to Motion re #25 MOTION to Stay Proceedings Pending Final Transfer Decision of the Judicial Panel on Multidistrict Litigation filed by JUUL Labs, Inc.. (Attachments: #1 Declaration of D. Horowitz, #2 Exhibit(s) A - 9/29/20 Hearing Transcript, #3 Exhibit(s) B - JPML 10/22/20 Notice of Hearing Session)(Horowitz, David) |
| Filing 31 RESPONSE in Opposition re #26 MOTION to Remand to State Court filed by JUUL Labs, Inc.. (Horowitz, David) |
| Filing 30 RESPONSE in Opposition re #25 MOTION to Stay Proceedings Pending Final Transfer Decision of the Judicial Panel on Multidistrict Litigation filed by Karen Browne. (Attachments: #1 Declaration, #2 Exhibit(s) 1 - Docket Sheet in Smith v. JUUL Labs Inc., #3 Exhibit(s) 2 - Docket Sheet in Nigro v. JUUL Labs, Inc., #4 Exhibit(s) 3 - Docket Sheet in Bronstein v. JUUL Labs, #5 Exhibit(s) 4 - Docket Sheet in Fay v. JUUL Labs, Inc., #6 Exhibit(s) 5 - Docket Sheet in L.D. v. JUUL Labs, Inc., #7 Exhibit(s) 6 - Fed MDL Jt. Case Management Conf. Statement and P. Agenda, #8 Exhibit(s) 7 - Fed MDl Order Re Sept. 21, 2020 Hearing and Case Management Conf., #9 Exhibit(s) 8 - Docket Sheet Excerpts in Animal Science Products, Inc. v. Hebei Welcome Pharma, #10 Exhibit(s) 9 - Docket Sheet in Cirulli v. Bausch & Lomb, Inc., #11 Exhibit(s) 10 - Docket Sheet in State of Oklahoma v. United States EPA, #12 Exhibit(s) 11 - Docket Sheet in Cheney v. Eli Lilly & Co., #13 Exhibit(s) 12 - Docket Sheet in Alexander v. GlaxoSmithKline, LLC, #14 Exhibit(s) 13 - Docket Sheet in Silverthorn v. Lumber Liquidators, #15 Exhibit(s) 14 - Docket Sheet in Impulse Monitoring, Inc. v. Aetna Health)(Saucer, Sherri) |
| Filing 29 TRANSCRIPT of Proceedings: Pre-Motion Teleconference held on September 29, 2020, before Judge Mae A. D'Agostino, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/3/2020. Redacted Transcript Deadline set for 11/13/2020. Release of Transcript Restriction set for 1/11/2021. Notice of Intent to Redact due by 10/19/2020 (lt, ) |
| AMENDED COURT TEXT NOTICE: Pursuant to Judge D'Agostino's 09/29/2020 Telephone Conference the #25 MOTION to Stay Proceedings Pending Final Transfer Decision of the Judicial Panel on Multidistrict Litigation and #26 Motion to Remand, are returnable on 11/3/2020 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino. Response to Motion due by 10/19/2020 - Reply to Motion to Remand due 10/23/20.(ban) |
| COURT TEXT NOTICE: Pursuant to Judge D'Agostino's 09/29/2020 Telephone Conference the #25 MOTION to Stay Proceedings Pending Final Transfer Decision of the Judicial Panel on Multidistrict Litigation is returnable on 11/3/2020 at 9:00 AM in Albany before U.S. District Judge Mae A. D'Agostino. Response to Motion due by 10/19/2020. (map) |
Filing 28
ORDER granting #21 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 9/30/220. (jdp, )
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Filing 27
TEXT ORDER: In light of the pre-motion conference held on 9/29/2020, before Judge D'Agostino, the previously scheduled telephone conference for 10/1/2020 at 12:00 p.m., is cancelled. The Rule 16 initial conference scheduled for 10/28/2020, and the deadlines set forth in Text Order #7 are STAYED without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 9/30/2020. (jdp )
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| Filing 26 MOTION to Remand to State Court Motion Hearing set for 11/3/2020 09:00 AM before U.S. District Judge Mae A. D'Agostino Response to Motion due by 10/19/2020 Reply to Response to Motion due by 10/23/2020. filed by Karen Browne. (Attachments: #1 Affidavit, #2 Memorandum of Law, #3 Exhibit(s), #4 Affidavit Certificate of Electronic Service) (Abbott, Rachel) |
| Filing 25 MOTION to Stay Proceedings Pending Final Transfer Decision of the Judicial Panel on Multidistrict Litigation filed by JUUL Labs, Inc.. (Attachments: #1 Memorandum of Law in Support of Defendants' Motion to Stay Proceedings Pending Final Transfer Decision of the Judicial Panel on Multidistrict Litigation, #2 Declaration of D. Horowitz, #3 Exhibit(s) A - 2/14 Hearing Transcript, #4 Exhibit(s) B - Various Court Orders, #5 Exhibit(s) C - MDL Transfer Order, #6 Exhibit(s) D - CTO-40, #7 Proposed Order/Judgment) Motions referred to Miroslav Lovric. (Horowitz, David) |
| Filing 24 TRANSCRIPT REQUEST by JUUL Labs, Inc. for proceedings held on 9/29/2020 before Judge Mae A. D'Agostino.. (Attachments: #1 Form AO 435 Transcript Order)(Horowitz, David) |
| Filing 23 NOTICE of Appearance by Sherri Ann Saucer on behalf of Karen Browne (Saucer, Sherri) |
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Filing 22
ORDER granting #17 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 9/29/2020. (jdp, )
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| TEXT Minute Entry for Telephone Pre-Motion Conference held on 9/29/2020 before U.S. District Judge Mae A. D'Agostino: Appearances by Rachel Abbott, Esq. and Ann Saucer, Esq. for the Plaintiff; David Horowitz, Esq. and Zach Byer, Esq. (PHV motion to be filed) for defendant JUUL; David Kouba, Esq. and Anthony Boccanfuso, Esq. for defendants Altria and Philip Morris; No appearance by Vapor Kings; Judge D'Agostino addresses counsel regarding the pre-motion letters filed in this case. After hearing from counsel, Judge D'Agostino will permit the plaintiff to file their motion to remand, and she permits defendants to file a motion to stay. All motions should be filed on or before 10/2/20; The motions shall be made returnable for November 3, 2020 (ON SUBMIT) before Judge D'Agostino; Response papers will be due by 10/19/20; Reply papers will be due by 10/23/20; The motions will be decided on the submission of the papers only. No personal appearances are necessary. The Court will do it's best to expedite it's decision on the motions. The answer deadline in this case is held in abeyance, pending decision on the motions. (Court Reporter Lisa Tennyson, CRD Britney Norton [Time 12:02 p.m. - 12:20 p.m.]) (ban) |
| Filing 21 MOTION for Limited Admission Pro Hac Vice of David E. Kouba Filing fee $100, receipt number ANYNDC-5259521. filed by Altria Group Distribution Company, Philip Morris USA, Inc.. (Attachments: #1 New Attorney Registration Form, #2 Certificate of Good Standing, #3 Declaration, #4 Petition for Admission) Motions referred to Miroslav Lovric. (Boccanfuso, Anthony) |
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Filing 20
TEXT ORDER: The request in the #18 letter motion, will be addressed at the already scheduled telephone conference on 10/1/2020 at 12:00pm. SO ORDERED by Magistrate Judge Lovric on 9/28/2020. (jdp )
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| Filing 19 Pre-Motion Response to #13 Pre-Motion Letter by Karen Browne requesting a pre-motion conference submitted to Judge D'Agostino . (Abbott, Rachel) |
| Filing 18 Letter Motion from Rachel A. Abbott, Esq. for Karen Browne requesting Defendant's Request for Permission to Move for Stay be denied submitted to Judge HON. MIROSLAV LOVRIC . (Abbott, Rachel) |
| Filing 17 MOTION for Limited Admission Pro Hac Vice of S. Ann Saucer Filing fee $100, receipt number ANYNDC-5255463. filed by Karen Browne. (Attachments: #1 Exhibit(s) New Attorney Registration Form, #2 Exhibit(s) Certificate of Good Standing, #3 Declaration) Motions referred to Miroslav Lovric. (Abbott, Rachel) |
| Filing 16 RESPONSE TO LETTER BRIEF filed by JUUL Labs, Inc. as to #13 Pre-Motion Letter Request filed by Karen Browne . (Horowitz, David) |
| Filing 15 LETTER BRIEF Requesting Court Conference and to Set an Expedited Briefing Schedule by JUUL Labs, Inc.. (Horowitz, David) |
| Filing 14 NOTICE of Appearance by David Horowitz on behalf of JUUL Labs, Inc. (Horowitz, David) |
| Filing 13 Pre-Motion Letter by Karen Browne requesting a pre-motion conference submitted to Judge D'Agostino. (Abbott, Rachel) |
| Filing 12 LETTER BRIEF Notice of Removal by Altria Group Distribution Company, JUUL Labs, Inc., Philip Morris USA, Inc.. (Jarons, Sherry) |
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Filing 11
TEXT ORDER: Motion #10 is GRANTED in part and DENIED in part. Defendants Altria Group Distribution Co., JUUL Labs, Inc., and Philip Morris USA, Inc., are directed to file an Answer or otherwise respond to the complaint by 10/14/2020. The remainder of motion #10 is denied, without prejudice. The Rule 16 initial conference remains scheduled for 10/28/2020. The parties are directed to call (877) 336-1839 and enter access code 5177238. SO ORDERED by Magistrate Judge Miroslav Lovric on 9/14/2020.(jdp )
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| Filing 10 MOTION for Extension of Time to File Answer re Set/Reset Answer Deadline / Unopposed Motion for Extension of Time to Answer or Otherwise Respond to the Complaint filed by Altria Group Distribution Company, JUUL Labs, Inc., Philip Morris USA, Inc.. Motions referred to Miroslav Lovric. (Burgess, Tyler) |
| Filing 9 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by JUUL Labs, Inc. identifying Other Affiliate Altria Group, Inc. for JUUL Labs, Inc... (Burgess, Tyler) |
| Filing 8 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (map) |
| Filing 7 G.O. 25 FILING ORDER ISSUED:Initial Rule 16 Telephone Conference set for 10/28/2020 at 1:30 PM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/21/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (map) |
| Filing 6 NOTICE of Admission Requirement as to Party Plaintiff; Attorney Rachel Buddrus, Esq. Email address is rbuddrus@fnlawfirm.com. Phone number is (214) 890-0711. Admissions due by 9/24/2020. Notice of Admission Requirement served upon Attorney Buddrus by regular mail.(map) |
| Filing 5 NOTICE of Admission Requirement as to Party Plaintiff; Attorney Amy M. Carter, Esq., and Attorney Heather V. Davis, Esq. Email addresses are amy@clgtrial.com and hdavis@clgtrial.com. Phone number is (214) 390-4173. Admissions due by 9/24/2020. Served Notice of Admission Requirement via email.(map) |
| Filing 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT filed by Philip Morris USA, Inc. identifying Corporate Parent Altria Group, Inc. for Philip Morris USA, Inc.(map) |
| Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT filed by Altria Group Distribution Company identifying Corporate Parent Altria Group, Inc. for Altria Group Distribution Company. (map) |
| Filing 2 STATE COURT SUMMONS AND COMPLAINT WITH JURY DEMAND relating to #1 Notice of Removal, filed by Altria Group Distribution Company, JUUL Labs, Inc., Philip Morris USA, Inc. (map) |
| Filing 1 NOTICE OF REMOVAL from State of New York Supreme Court: County of Tioga, case number 2020-00061248 (Filing fee $400 receipt number BNYNDC-5235631) filed by JUUL Labs, Inc., Philip Morris USA, Inc., Altria Group Distribution Company. (Attachments: #1 New York State Supreme Court Summons and Complaint with Jury Demand, #2 Certificate of Service, #3 Civil Cover Sheet, #4 Attachment to Civil Cover Sheet)(map) |
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