LaFlair v. Johnson & Johnson et al
| Marilyn R. LaFlair |
| Imerys USA, Inc., Johnson & Johnson and Kolmar Laboratories, Inc. |
| Cyprus Amax Minerals Company, Imerys Talc America, Inc., Johnson & Johnson Consumer Inc., Cyprus Mines Corporation and Imerys Talc Vermont, Inc. |
| 8:2018cv01270 |
| October 29, 2018 |
| 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-Asbestos Litigation |
| Defendant |
Docket Report
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Filing 50
ORDER that Plaintiff's motion to remand (Dkt. No. #14 ) is GRANTED, but her request for attorney's fees is DENIED. Defendants' motion to stay (Dkt. Nos. #40 , #47 ) is DENIED as moot. This action is REMANDED to the Supreme Court of the State of New York, County of St. Lawrence for all further proceedings and the Clerk is directed to mail a copy of this Memorandum-Decision and Order to the Clerk of the Supreme Court of the State of New York, County of St. Lawrence for filing in LaFlair v. Johnson & Johnson, et al., Index No. EFCV-2018-0153960. Signed by Judge Brenda K. Sannes on 7/31/2019. (rjb, )
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Filing 49
STIPULATION AND ORDER dismissing Imerys USA, Inc. from this action. Signed by Judge Brenda K. Sannes on 6/24/2019. (rjb, )
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| Filing 48 STIPULATION of Dismissal by Imerys USA, Inc.. (L'Homme, Michael) |
| Filing 47 RESPONSE TO LETTER BRIEF filed by Cyprus Amax Minerals Company(Individually and as successor to Charles Mathieu, Inc., Metropolitan Talc Co., American Talc Co., and Resourse Processors, Inc.), Cyprus Mines Corporation, Imerys USA, Inc. as to #40 Letter Request/Motion,, filed by Johnson & Johnson Consumer Inc., Johnson & Johnson . (L'Homme, Michael) |
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Filing 46
TEXT ORDER granting #45 Letter Request. Response due by May 8, 2019. SO ORDERED by Judge Brenda K. Sannes on 5/2/2019. (rjb, )
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| Filing 45 LETTER MOTION filed by Cyprus Amax Minerals Company(Individually and as successor to Charles Mathieu, Inc., Metropolitan Talc Co., American Talc Co., and Resourse Processors, Inc.), Cyprus Mines Corporation, Imerys USA, Inc. as to #40 Letter Request/Motion,, filed by Johnson & Johnson Consumer Inc., Johnson & Johnson requesting one (1) week extension to respond. (L'Homme, Michael) Modified on 5/2/2019 (rjb, ). |
| Filing 44 RESPONSE TO LETTER BRIEF filed by Johnson & Johnson, Johnson & Johnson Consumer Inc. as to #42 Response in Opposition to Motion, filed by Marilyn R. LaFlair . (Attachments: #1 Exhibit(s) A, April 30, 2019 Order (SDNY))(Kurland, Thomas) |
| Filing 43 NOTICE of Appearance by Patrick Andrews on behalf of Marilyn R. LaFlair (Andrews, Patrick) |
| Filing 42 RESPONSE in Opposition re #40 Letter Motion from Thomas P. Kurland for Johnson & Johnson, Johnson & Johnson Consumer Inc. requesting that this Court defer ruling on Plaintiff's pending remand motion #14 until the District of Delaware has ruled on the J&J Defendants filed by Marilyn R. LaFlair. (Blydenburgh, Donald) |
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Filing 41
TEXT ORDER: The Court has reviewed Dkt. No. #40 . Plaintiff and all co-defendants are directed to file a response to Dkt. No. #40 no later than 5/1/2019. SO ORDERED by Judge Brenda K. Sannes on 4/24/2019. (rjb, )
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| Filing 40 Letter Motion from Thomas P. Kurland for Johnson & Johnson, Johnson & Johnson Consumer Inc. requesting that this Court defer ruling on Plaintiff's pending remand motion #14 until the District of Delaware has ruled on the J&J Defendants' Venue Motion submitted to Judge Sannes . (Attachments: #1 Exhibit(s) A (1 of 3) J&J Defendants' Venue Motion, #2 Exhibit(s) A (2 of 3) J&J Defendants' Venue Motion, #3 Exhibit(s) A (3 of 3) J&J Defendants' Venue Motion)(Kurland, Thomas) |
| Filing 39 SUPPLEMENTAL BRIEF in further support of #14 Motion to Remand by Marilyn R. LaFlair submitted to Judge Brenda K. Sannes. (Attachments: #1 Supplement Shanahan v. Kolmar Labs., Inc.)(Blydenburgh, Donald) Modified on 3/25/2019 (rjb, ). |
| Filing 38 SUGGESTION OF BANKRUPTCY Upon the Record as to Imerys Talc America, Inc., Imerys Talc Vermont, Inc. and Imerys Talc Canada, Inc. by Imerys Talc America, Inc.(Individually and as successor to Charles Mathieu, Inc., Metropolitan Talc Co., American Talc Co., Cyprus Industrial Minerals Co., and Resourse Processors, Inc.), Imerys Talc Vermont, Inc.. (L'Homme, Michael) |
| Filing 37 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Imerys Talc America, Inc. identifying Corporate Parent Imerys S.A., Corporate Parent Imerys Minerals Holding Limited, Corporate Parent Imerys USA Inc. for Imerys Talc America, Inc... (L'Homme, Michael) |
| Filing 36 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Imerys Talc Vermont, Inc. identifying Corporate Parent Imerys Talc America, Inc., Corporate Parent Imerys S.A., Corporate Parent Imerys Minerals Holding Limited, Corporate Parent Imerys USA Inc. for Imerys Talc Vermont, Inc... (L'Homme, Michael) |
| Filing 35 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Imerys USA, Inc. identifying Corporate Parent Imerys S.A. for Imerys USA, Inc... (L'Homme, Michael) |
| Filing 34 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Cyprus Mines Corporation identifying Corporate Parent Cyprus Amax Minerals Company, Corporate Parent Freeport Minerals Corporation f/k/a Phelps Dodge Corporation, Corporate Parent Freeport McMoRan Inc. for Cyprus Mines Corporation.. (L'Homme, Michael) |
| Filing 33 ANSWER to Complaint , First CROSSCLAIM against Johnson & Johnson, Johnson & Johnson Consumer Inc., Kolmar Laboratories, Inc. by Cyprus Mines Corporation, Cyprus Amax Minerals Company, Imerys Talc Vermont, Inc., Imerys Talc America, Inc., Imerys USA, Inc..(L'Homme, Michael) |
| TEXT NOTICE TO COUNSEL: The #14 Motion to Remand will be heard on submission of the papers at this time. Once the papers have been reviewed by chambers, counsel will be notified if oral argument is deemed necessary. (rjb, ) |
| Filing 32 REPLY to Response to Motion re #14 MOTION to Remand to State Court filed by Marilyn R. LaFlair. (Attachments: #1 Exhibit(s) 1)(Blydenburgh, Donald) |
| Filing 31 RESPONSE in Opposition re #14 MOTION to Remand to State Court filed by Johnson & Johnson, Johnson & Johnson Consumer Inc.. (Kurland, Thomas) |
| Filing 30 Amended ANSWER to Complaint , CROSSCLAIM against All Defendants by Kolmar Laboratories, Inc..(Magali, Nicholas) |
| Filing 29 NOTICE of Appearance by Michael R. L'Homme on behalf of Imerys Talc America, Inc. (L'Homme, Michael) |
| Filing 28 NOTICE of Appearance by Michael R. L'Homme on behalf of Cyprus Mines Corporation (L'Homme, Michael) |
| Filing 27 TEXT NOTICE: The Rule 16 Initial Conference scheduled for 12/14/2018 at 9:00 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the motion to remand to State Court. (tab) |
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Filing 26
TEXT ORDER granting #23 Letter Requesting an Extension of Time to Respond to Plaintiff's Complaint: Cyprus Amax Minerals Company answer due 1/11/2019; Cyprus Mines Corporation answer due 1/11/2019; Imerys Talc America, Inc. answer due 1/11/2019; Imerys Talc Vermont, Inc. answer due 1/11/2019; Imerys USA, Inc. answer due 1/11/2019. Authorized by Magistrate Judge Christian F. Hummel on 11/20/2018. (tab)
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Filing 24
TEXT ORDER granting #22 Letter requesting One (1) Day Extension of the Order to Take Marilyn LaFlair's Deposition. Authorized by Magistrate Judge Christian F. Hummel on 11/19/2018. (tab)
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| Filing 23 First Letter Motion from MICHAEL R. L'HOMME for Cyprus Amax Minerals Company, Cyprus Mines Corporation, Imerys Talc America, Inc., Imerys Talc Vermont, Inc., Imerys USA, Inc. requesting Extension of Time to Respond to Plaintiff's Complaint until January 11, 2019 (ON CONSENT) submitted to Judge Sannes . (L'Homme, Michael) |
| Filing 22 Letter Motion from Donald Blydenburgh for Marilyn R. LaFlair requesting One (1) Day Extension of the Order to Take Marilyn LaFlair's Deposition submitted to Judge Christian F. Hummel . (Blydenburgh, Donald) |
| Filing 21 NOTICE of Appearance by Donald Patrick Blydenburgh on behalf of All Plaintiffs (Blydenburgh, Donald) |
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Filing 20
TEXT ORDER: The Deposition of Plaintiff, Marilyn R. La Flair is to take place within 10 days of today's date (11/16/2018) at a time and place to be agreed upon by the parties. Defendant's reserve their right to conduct further deposition after plaintiff has responded to Rule 33 and Rule 34 request. So Ordered by Magistrate Judge Christian F. Hummel on 11/16/2018. (tab)
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| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Telephonic Pre-Motion Conference held on 11/16/2018. Appearances by Amber R. Long, Esq. for plaintiff; Thomas P. Kur;and, Esq. for Johnson and Johnson Defendants; Andrew Sapon, Esq. and Michael R. L'Homme, Esq. for Cyprus Defendants; no appearance made on behalf of Kolmar Laboratories, Inc. (Atty Nicholas Magali, Esq. appeared but indicated that he was not the attorney handling this case and he attempted, unsuccessfully, to get Jeffrey Fagan, Esq. on the line) Arguments are heard from counsel regarding plaintiff's request to have the deposition of Marilyn LaFlair taken prior to the rule 16 conference due to her medical state. Defendants oppose an early deposition. The Court allows the deposition to take place and directs that it take place within 10 days of this conference. A Text Order will be issued. (Court Reporter Jacqueline Stroffolino) (tab) |
| Filing 25 Letter dated 11/12/2018 from Patrick I. Andrews, Esq., advising the Clerk that he will remain counsel of record for plaintiff. His Petition for Admission will be filed as soon as possible. (jmb) |
| Filing 19 NOTICE of Appearance by Michael R. L'Homme on behalf of Imerys USA, Inc. (L'Homme, Michael) |
| Filing 18 NOTICE of Appearance by Michael R. L'Homme on behalf of Imerys Talc Vermont, Inc. (L'Homme, Michael) |
| Filing 17 NOTICE of Appearance by Michael R. L'Homme on behalf of Cyprus Amax Minerals Company (L'Homme, Michael) |
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Filing 16
COURT ORDER granting #15 Letter Request for a Pre-Motion Conference. A Telephonic Pre-Motion Filing Conference has been set for Friday, 11/16/2018 @ 2:00 PM before Magistrate Judge Christian F. Hummel. Parties are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call. Authorized by Magistrate Judge Christian F. Hummel on 11/14/2018. (tab)
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| Filing 15 Letter Motion from Amber R. Long for Marilyn R. LaFlair requesting Conference Pursuant to Local Rule 7.1(b)(2) submitted to Judge Christian F. Hummel . (Long, Amber) |
| Filing 14 MOTION to Remand to State Court Motion Hearing set for 12/20/2018 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 12/3/2018 Reply to Response to Motion due by 12/10/2018. filed by Marilyn R. LaFlair. (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D, #7 Exhibit(s) E, #8 Exhibit(s) F, #9 Exhibit(s) G, #10 Exhibit(s) H, #11 Exhibit(s) I, #12 Exhibit(s) J, #13 Exhibit(s) K, #14 Exhibit(s) L, #15 Exhibit(s) M, #16 Exhibit(s) N, #17 Exhibit(s) O) (Long, Amber) |
| Filing 13 NOTICE of Appearance by Amber R. Long on behalf of Marilyn R. LaFlair (Long, Amber) |
| Filing 12 Letter dated 11/5/2018 from Michael R. L'Homme, Esq., and Andrew Sapon, Esq., advising the Clerk's Office that they will remain as counsel of record. Their petitions for admission will be submitted as soon as possible. (jmb) |
| Filing 11 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Kolmar Laboratories, Inc.. (Magali, Nicholas) |
| Filing 10 ANSWER to Complaint , CROSSCLAIM against All Defendants by Kolmar Laboratories, Inc..(Magali, Nicholas) |
| Filing 9 AFFIDAVIT of Service for General Order No. 25 Filing Order served on Attorneys for Plaintiffs and Defendants on November 02, 2018, filed by Johnson & Johnson, Johnson & Johnson Consumer Inc.. (Kurland, Thomas) |
| Filing 8 AFFIDAVIT of Service for Notice of Removal and supporting documents served on Attorneys for Plaintiffs and Defendants on October 31, 2018, filed by Johnson & Johnson, Johnson & Johnson Consumer Inc.. (Kurland, Thomas) |
| Filing 7 ANSWER to Complaint (Notice of Removal) by Johnson & Johnson, Johnson & Johnson Consumer Inc.. (Kurland, Thomas) |
| Filing 6 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Johnson & Johnson identifying Corporate Parent NO PARENT CORPORATION for Johnson & Johnson.. (Kurland, Thomas) |
| Filing 5 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Johnson & Johnson Consumer Inc. identifying Corporate Parent Johnson & Johnson for Johnson & Johnson Consumer Inc... (Kurland, Thomas) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/14/2018 at 9:00 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 12/7/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
| Filing 3 NOTICE OF ADMISSION REQUIREMENT: Patrick Ian Andrews, Esq. for plaintiff Marilyn R. LaFlair; Peter Dinunzio, Esq. for Kolmar Laboratories; Andrew Sapon, Esq., and Michael LHomme, Esq. for Cyprus Amax Minerals Company, Cyprus Mines Corporation, IMERYS Talc America, Inc., IMERYS Talc Vermont, Inc., and IMERYS USA, Inc. Admissions due by 11/13/2018. {Copy mailed to all 4 attorneys on 10/30/2018} (jmb) |
| Filing 2 STATE COURT SUMMONS & COMPLAINT: relating to the #1 Notice of Removal, filed by Johnson & Johnson, Johnson & Johnson Consumer Inc. (jmb) |
| Filing 1 NOTICE OF REMOVAL: from New York State Supreme Court, County of St. Lawrence, case number EFCV-2018-0153960 (Filing fee $400 receipt number ANYNDC-4551147) filed by Johnson & Johnson, Johnson & Johnson Consumer Inc. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - Shanahan Complaint, #3 Exhibit C - Imerys Consent, #4 Civil Cover Sheet) (jmb) |
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