Tavener et al v. Johnson & Johnson et al
| Thea Tavener and Donald Tavener |
| Johnson & Johnson, Johnson & Johnson Consumer, Inc., Arvinmeritor, Inc. and Johnson & Johnson Consumer Companies Inc. |
| 5:2019cv00459 |
| April 18, 2019 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Therese Wiley Dancks |
| Glenn T Suddaby |
| P.I. : Asbestos |
| 28 U.S.C. § 1452 R&R re motions to remand (non-core) |
| None |
Docket Report
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This docket was last retrieved on July 2, 2019. A more recent docket listing may be available from PACER.
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Filing 20
JUDGMENT: Plaintiff's motion to remand this action to state court (Dkt. No. #16 ) is GRANTED; and this case is hereby remanded to New York State Supreme Court, County of Onondaga. (lmw) (Copy served upon NYS Supreme Court, County of Onondaga)
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Filing 19
DECISION AND ORDER granting #16 Plaintiff's Motion to Remand this action to state court; and denying #6 Defendants' motion to stay as moot. Signed by Chief Judge Glenn T. Suddaby on 7/2/19. (lmw) (Copy served upon NYS Supreme Court, Onondaga County)
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Filing 18
RESPONSE in Support re #16 MOTION to Remand Reply in Support of Plaintiffs' Remand Motion filed by Thea Tavener, Donald Tavener. (Attachments: #1 Exhibit(s) OSC Talc Remand Order, #2 Exhibit(s) List of Remand Cases, #3 Exhibit(s) Johnson v. Johnson & Johnson, #4 Exhibit(s) Lewis v. Johnson & Johnson, #5 Exhibit(s) Dahl v. Johnson & Johnson, #6 Exhibit(s) SDNY Decision, #7 Exhibit(s) Order Denying Provisional Transfer, #8 Exhibit(s) J&J Response to First Set of ROGs and RFPs, #9 Exhibit(s) Imerys MSJ, #10 Exhibit(s) Cabibi v. Avon, #11 Exhibit(s) O'Riorden Decision, #12 Exhibit(s) Doty Decision, #13 Exhibit(s) Hayes Decision)(Berquist, Darron)
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Filing 17
RESPONSE in Opposition re #16 MOTION to Remand filed by Johnson & Johnson, Johnson & Johnson Consumer, Inc.. (Attachments: #1 Declaration of Thomas P. Kurland, #2 Exhibit(s) A, Motion to Fix Venue (D. Del.), #3 Exhibit(s) B, Reply in Support of Motion to Fix Venue (D. Del.), #4 Exhibit(s) C, Affidavit of Service, March 5, 2019)(Winter, John)
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TEXT NOTICE on #16 MOTION to Remand : Motion set for 6/20/2019 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Response to Motion due by 6/3/2019. Reply to Response to Motion due by 6/10/2019. (lmw)
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Filing 16
MOTION to Remand filed by Thea Tavener, Donald Tavener. (Attachments: #1 Declaration Declaration of Darron E. Berquist in Support of Plaintiffs' Motion to Remand, #2 Memorandum of Law Memorandum of Law in Support of Plaintiffs' Motion to Remand, #3 Exhibit(s) Ex. 1 - Summons and Complaint, #4 Exhibit(s) Ex. 2 - Case Scheduling Order, #5 Exhibit(s) Ex. 3 - Amended Case Scheduling Order, #6 Exhibit(s) Ex. 4 - Second Amended Case Scheduling Order, #7 Exhibit(s) Ex. 5 - Note of Issue, #8 Exhibit(s) Ex. 6 - Donald Tavener Deposition Transcript, #9 Exhibit(s) Ex. 7 - Plaintiffs' Amended Witness List, #10 Exhibit(s) Ex. 8 - Thea Tavener Deposition Transcript, #11 Exhibit(s) Ex. 9 - List of Remand Order, #12 Exhibit(s) Ex. 10 - 2001 Agreement, #13 Exhibit(s) Ex. 11 - JJ and JJCI Responses to RFAs, #14 Exhibit(s) Ex. 12 - Imerys Indemnification Demand Notice, #15 Proposed Order/Judgment Proposed Order) (Berquist, Darron)
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Filing 15
TEXT ORDER: Court has reviewed the docket and in light of the filing of the letter motion to stay (Dkt. No. #6 ), the Rule 16 Conference set for 6/3/2019 and the associated deadlines are adjourned without new date at this time. The Conference will be re-set if necessary once the District Court has issued a ruling. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/20/2019. (sg)
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Filing 14
NOTICE of Appearance by Darron E Berquist on behalf of Thea Tavener, Donald Tavener (Berquist, Darron)
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Filing 13
NOTICE of Appearance by Suzanne M. Halbardier on behalf of Arvinmeritor, Inc. (Halbardier, Suzanne)
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Filing 12
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Arvinmeritor, Inc.. (Halbardier, Suzanne)
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TEXT NOTICE advising Plaintiffs that the Court is currently considering Defendants' #6 letter-motion to stay, and inviting both a response to that motion and/or a motion to abstain and remand under, inter alia, 28 U.S.C. 1334(c)(2), within SEVEN (7) DAYS of this Text Notice. Response due 5/20/19. (lmw)
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Filing 11
AFFIDAVIT of Service for Notice of Removal and supporting papers served on Attorney for Plaintiffs on April 24, 2019, filed by Johnson & Johnson, Johnson & Johnson Consumer, Inc.. (Kurland, Thomas)
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Filing 10
RESPONSE TO LETTER BRIEF filed by Thea Tavener, Donald Tavener as to #6 Letter Request/Motion, filed by Johnson & Johnson Consumer, Inc., Johnson & Johnson . (Meadow, Richard)
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Filing 9
NOTICE by Thea Tavener, Donald Tavener Rule 9027(e)(3) Statement (Meadow, Richard)
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Filing 8
NOTICE of Appearance by Richard D. Meadow on behalf of All Plaintiffs (Meadow, Richard)
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Filing 7
Letter in Response to #4 Notice of Admission Requirement. Attorney for Plaintiffs will remain as Counsel in this action and is currently seeking permanent admission. (mgh)
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Filing 6
Letter Motion from Thomas P. Kurland for Johnson & Johnson, Johnson & Johnson Consumer, Inc. requesting the Court adopt the SDNY's reasoning and stay all of the removed talc cases against J&J submitted to Judge Glenn T. Suddaby . (Attachments: #1 Exhibit(s) A, April 30, 2019 Order (SDNY))(Kurland, Thomas)
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Filing 5
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/3/2019 10:00 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/28/2019. All conferences are conducted by telephone. Plaintiff's attorney will initiate the call (unless the Court directs differently) and shall contact Judge Dancks' Chambers at 315-234-8618 (a dedicated line solely for telephone conferences) once all parties are on the line. Counsel may use a teleconferencing service for assistance initiating conference calls to the Court. For cases involving pro se parties, the Court will initiate the call for the Rule 16 Conference. Pro se parties are instructed to provide the Court with a telephone number where they may be reached for a conference call. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh)
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Filing 4
NOTICE of Admission Requirement as to Party Thea Tavener and Donald Tavener; Attorney Darron E. Berquist,. Phone number is (212) 421-2800. Admissions due by 5/3/2019. (Notice sent via regular mail).(mgh)
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Filing 3
ANSWER to Complaint by Johnson & Johnson, Johnson & Johnson Consumer, Inc.(mgh)
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Filing 2
STATE COURT COMPLAINT filed by Thea Tavener, Donald Tavener. (mgh)
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Filing 1
NOTICE OF REMOVAL from Onondaga Supreme Court, case number 004462-2017 (Filing fee $400 receipt number ANYNDC-4716226) filed by Johnson & Johnson Consumer, Inc., Johnson & Johnson. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Civil Cover Sheet)(mgh)
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