Chan et al v. Kimberly-Clark Corporation et al
| Chiao Chan and Wing F. Cheung |
| Kimberly-Clark Corporation and BJ's Wholesale Club, Inc. |
| 5:2023cv00015 |
| January 4, 2023 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Thomas J McAvoy |
| Glenn T Suddaby |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 13
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 10/17/2023. Deadline for completion of Mandatory Mediation is 12/5/2023. Signed by US Magistrate Judge Andrew T. Baxter on February 21, 2023. (rep)
|
| TEXT NOTICE OF HEARING: A telephonic Status Conference is set for 8/15/2023 at 11:00 AM before US Magistrate Judge Andrew T. Baxter. The parties are directed to dial +1 315-691-0477 and enter ID code 590 183 448# to connect to the conference.(rep) |
| Filing 12 UNIFORM PRETRIAL SCHEDULING ORDER: Deadline for the Joinder of Parties and Amendment of Pleadings is 3/1/2023. Discovery cutoff is 2/1/2024 (Plaintiffs' Expert Disclosure Deadline is 11/3/2023. Defendants' Expert Disclosure Deadline is 12/12/2023. Rebuttal Expert Disclosure Deadline is 1/2/2024). Dispositive Motions are to be filed by 4/1/2024. Anticipated length of trial: 7-10 days. Preferred Trial Location: Albany. Signed by US Magistrate Judge Andrew T. Baxter on February 17, 2023. (rep) |
| TEXT Minute Entry for telephonic Rule 16 conference held on 2/17/2023 before U.S. Magistrate Judge Andrew T. Baxter: Mandatory disclosures have been exchanged. Pretrial deadlines were established. A scheduling order will be issued on behalf of District Judge Thomas J. McAvoy. Counsel may submit a proposed protective order for the court's consideration. A follow-up telephonic conference is set for August 15, 2023 at 11:00AM. Appearances: Michael Boisvert, Esq. for plaintiff. Julia Braun, Esq. for defendant. Time: 10:02AM to 10:12AM. (rep) |
| TEXT NOTICE OF HEARING: The Initial Rule 16 Conference has been reset for 2/17/2023 at 10:00 AM before US Magistrate Judge Andrew T. Baxter by telephone. The parties are directed to dial +1 315-691-0477 and enter ID code 640 567 810# to connect to the conference. (rep) |
| TEXT Minute Entry for a telephonic Rule 16 conference held on 2/8/2023 before U.S. Magistrate Judge Andrew T. Baxter: Defense counsel did not participate in the call. The Initial Conference will be reset in the near future. Appearances: Michael Boisvert, Esq. for plaintiff. Time: 10:00AM - 10:06AM. (rep) |
| Filing 11 CIVIL CASE MANAGEMENT PLAN by BJ's Wholesale Club, Inc., Kimberly-Clark Corporation. (Braun, Julia) |
| TEXT NOTICE OF HEARING: The Initial Conference that is set for 2/8/2023 at 10:00 AM before US Magistrate Judge Andrew T. Baxter will take place by teleconference. The parties are directed to call +1 315-691-0477 and enter ID code 455 384 183 to connect to the conference. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/1/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (rep) |
| Filing 10 ANSWER to Complaint by BJ's Wholesale Club, Inc., Kimberly-Clark Corporation.(Braun, Julia) |
| Filing 9 TEXT ORDER OF RECUSAL. The undersigned hereby RECUSES himself from this action. Having reviewed this matter more closely, it has come to my attention that I may have a conflict of interest, and therefore I recuse myself from this case. WHEREFORE, it is hereby ORDERED that the Clerk enter this Text Order of Recusal for the undersigned; and it is further ORDERED that the Clerk shall randomly reassign this case to another United States District Judge. Chief Judge Glenn T. Suddaby recused. Case reassigned to Senior District Judge Thomas J. McAvoy for all further proceedings. Magistrate Judge Andrew T. Baxter remains the assigned magistrate judge. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 1/9/2023. (sal ) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #1 Notice of Removal. Clerk added Exhibit D to the Notice of Removal. (khr) |
| Filing 8 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Kimberly-Clark Corporation. (Braun, Julia) |
| Filing 7 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by BJ's Wholesale Club, Inc. identifying Corporate Parent BJ's Wholesale Club Holdings, Inc. for BJ's Wholesale Club, Inc... (Braun, Julia) |
| Filing 6 NOTICE of Appearance by Julia Braun on behalf of BJ's Wholesale Club, Inc., Kimberly-Clark Corporation (Braun, Julia) |
| Filing 5 DEMAND for Trial by Jury by BJ's Wholesale Club, Inc., Kimberly-Clark Corporation. (Braun, Julia) |
| Filing 4 NOTICE of Appearance by Michael C Boisvert on behalf of All Plaintiffs (Boisvert, Michael) |
| ***Answer due date updated for BJ's Wholesale Club, Inc. answer due 1/11/2023; Kimberly-Clark Corporation answer due 1/11/2023. (khr) |
| TEXT NOTICE OF FILING DEFICIENCY as to BJ's Wholesale Club, Inc., Kimberly-Clark Corporation regarding the #1 Notice of Removal, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has checked off Jury Demand on the Civil Cover Sheet, but the Jury Demand is not noted in the Pleading, pursuant to Fed.R.Civ.P 38. Failure to file a Demand for Jury Trial pursuant to Fed.R.Civ.P. Rule 38 constitutes a waiver of a jury trial. Notice of Filing Deficiency Deadline 1/9/2023 (khr) |
| TEXT NOTICE OF FILING DEFICIENCY as to BJ's Wholesale Club, Inc., Kimberly-Clark Corporation regarding the #1 Notice of Removal, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. Exhibit D to the Notice of Removal was missing. Please file Exhibit D in this case under the event of Corrected Document Notice of Filing Deficiency Deadline 1/9/2023 (khr) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/8/2023 10:00 AM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/1/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in NYS Supreme Court - County of Onondaga. (khr) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - County of Onondaga, case number 006976/2022 (Filing fee $402 receipt number ANYNDC-6150091) filed by BJ's Wholesale Club, Inc., Kimberly-Clark Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(khr) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
