Silverman et al v. Brenntag North America et al
| Harriet Silverman and Kenneth Silverman |
| Imerys USA, Inc., Johnson & Johnson Health and Wellness Solutions Inc., Imerys Talc America, Inc., Personal Care Products Council, Rite Aid of New York Inc., Brenntag North America, Johnson & Johnson, Whittaker, Clark & Daniels, Inc., Brenntag Specialties, Inc., Imerys Talc Vermont, Inc., Johnson & Johnson Consumer, Inc., Rite Aid of New York City, Inc., Cyprus Amax Minerals Co., Kolmar Laboratories, Inc., Cyprus Amax Minerals Company and Johnson & Johnson Consumer Companies Inc. |
| 1:2018cv08495 |
| September 18, 2018 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 nr |
| Defendant |
Docket Report
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This docket was last retrieved on November 8, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 38 AFFIDAVIT OF SERVICE. Document filed by Kenneth Silverman, Harriet Silverman. (Weinstein, Jason) |
| Filing 37 REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Remand to State Court and for Costs. . Document filed by Kenneth Silverman, Harriet Silverman. (Weinstein, Jason) |
| Filing 36 MEMORANDUM OF LAW in Opposition re: #29 MOTION to Remand to State Court and for Costs. . Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies Inc., Johnson & Johnson Health and Wellness Solutions Inc.. (Kurland, Thomas) |
| Filing 35 DECLARATION of Christopher S. Kozak in Opposition re: #29 MOTION to Remand to State Court and for Costs.. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies Inc., Johnson & Johnson Health and Wellness Solutions Inc.. (Kurland, Thomas) |
| Filing 34 DECLARATION of Richard W. Wedinger in Opposition re: #29 MOTION to Remand to State Court and for Costs.. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies Inc., Johnson & Johnson Health and Wellness Solutions Inc.. (Kurland, Thomas) |
| Filing 33 DECLARATION of Andrew Sapon in Opposition re: #29 MOTION to Remand to State Court and for Costs.. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies Inc., Johnson & Johnson Health and Wellness Solutions Inc.. (Kurland, Thomas) |
| Filing 32 DECLARATION of Daniel R. Kuszmerski in Opposition re: #29 MOTION to Remand to State Court and for Costs.. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies Inc., Johnson & Johnson Health and Wellness Solutions Inc.. (Kurland, Thomas) |
| Filing 31 DECLARATION of Thomas P. Kurland in Opposition re: #29 MOTION to Remand to State Court and for Costs.. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies Inc., Johnson & Johnson Health and Wellness Solutions Inc.. (Attachments: #1 Exhibit Exhibit A, Plaintiffs operative complaint)(Kurland, Thomas) |
| Filing 30 MEMORANDUM OF LAW in Support re: #29 MOTION to Remand to State Court and for Costs. . Document filed by Kenneth Silverman, Harriet Silverman. (Attachments: #1 Exhibit A -- Summons and Complaint, #2 Exhibit B -- Affidavits of Service, #3 Exhibit C -- Plaintiffs' Response to Defendants' Interrogatories, #4 Exhibit D -- Moore v. Johnson & Johnson, #5 Exhibit E -- Proposed Stipulation from PCPC)(Weinstein, Jason) |
| Filing 29 MOTION to Remand to State Court and for Costs. Document filed by Kenneth Silverman, Harriet Silverman.(Weinstein, Jason) |
| Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand to State Court and for Costs. Document filed by Kenneth Silverman, Harriet Silverman. (Attachments: #1 Memorandum of Law in Support of Motion to Remand and for Costs, #2 Exhibit A -- Summons and Complain, #3 Exhibit B -- Affidavits of Service, #4 Exhibit C -- Plaintiffs' Response to Defendants' Interrogatories, #5 Exhibit D -- Moore v. Johnson & Johnson, #6 Exhibit E -- Proposed Stipulation from PCPC)(Weinstein, Jason) Modified on 10/23/2018 (db). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jason Peter Weinstein to RE-FILE Document #28 MOTION to Remand to State Court and for Costs. ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db) |
Filing 27
ORDER terminating #22 Letter Motion for Leave to File Document. Having reviewed the parties' letters dated October 15 and 18, 2018, ECF Nos. 22 & 26, it is hereby ORDERED that the Court will hold in abeyance any briefing schedule on a motion to dismiss by Defendant Personal Care Products Council until it decides Plaintiffs' motion for remand, ECF No. 23. (Signed by Judge Analisa Torres on 10/18/2018) (mro)
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| Filing 26 LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Jason P. Weinstein dated October 18, 2018 re: #22 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Analisa Torres from Richard W. Wedinger, Esq. dated October 15, 2018. . Document filed by Kenneth Silverman, Harriet Silverman. (Weinstein, Jason) |
| Filing 25 AFFIDAVIT OF SERVICE of Notice of Motion to Remand to State Court and for Costs on October 18, 2018. Document filed by Kenneth Silverman, Harriet Silverman. (Weinstein, Jason) |
| Filing 24 LETTER MOTION for Oral Argument addressed to Judge Analisa Torres from Jason P. Weinstein dated October 18, 2018. Document filed by Kenneth Silverman, Harriet Silverman.(Weinstein, Jason) |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #28 Motion) - MOTION to Remand to State Court and for Costs. Document filed by Kenneth Silverman, Harriet Silverman. (Attachments: #1 Memorandum of Law in Support of Motion to Remand and for Costs, #2 Exhibit Exhibit A -- Summons and Complaint, #3 Exhibit Exhibit B -- Affidavits of Service, #4 Exhibit Exhibit C -- Plaintiffs' Response to Defendants' Interrogatories, #5 Exhibit Exhibit D -- Moore v. Johnson & Johnson)(Weinstein, Jason) Modified on 10/23/2018 (db). |
| Filing 22 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Analisa Torres from Richard W. Wedinger, Esq. dated October 15, 2018. Document filed by Personal Care Products Council. (Attachments: #1 Exhibit Order in Zoas v. BASF Catalysts, #2 Exhibit CMO-10)(Wedinger, Richard) |
| Filing 21 NOTICE OF APPEARANCE by Christopher Stephen Kozak on behalf of Whittaker, Clark & Daniels, Inc.. (Kozak, Christopher) |
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Filing 20
STIPULATION AND ORDER EXTENDING TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for the respective parties that Defendant PERSONAL CARE PRODUCTS COUNCIL's time to answer, move or otherwise respond to the complaint is extended until October 15, 2018. (As further set forth in this Order.) Personal Care Products Council answer due 10/15/2018. (Signed by Judge Analisa Torres on 10/10/2018) (cf)
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| Filing 19 PROPOSED STIPULATION AND ORDER. Document filed by Personal Care Products Council. (Wedinger, Richard) |
| Filing 18 NOTICE OF APPEARANCE by Richard W. Wedinger on behalf of Personal Care Products Council. (Wedinger, Richard) |
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time to Answer. GRANTED. (Signed by Judge Analisa Torres on 10/4/2018) (mro)
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| Filing 16 LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from James F. Murdica dated October 4, 2018. Document filed by Rite Aid of New York Inc..(Murdica, James) |
| Filing 15 NOTICE OF APPEARANCE by James Francis Murdica on behalf of Rite Aid of New York Inc.. (Murdica, James) |
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Filing 14
ORDER: 1. By October 18, 2018, Plaintiffs shall file their motion to remand; 2. By November 1, 2018, Defendants shall file their opposition; and By November 8, 2018, Plaintiffs shall file their reply, if any. (As further set forth in this Order.) (Motions due by 10/18/2018., Responses due by 11/1/2018, Replies due by 11/8/2018.) (Signed by Judge Analisa Torres on 9/24/2018) (cf)
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| Filing 13 NOTICE OF APPEARANCE by Richard John Pelliccio on behalf of Kolmar Laboratories, Inc.. (Pelliccio, Richard) |
| Filing 12 NOTICE OF APPEARANCE by Andrew Sapon on behalf of Cyprus Amax Minerals Company, Imerys Talc America, Inc., Imerys Talc Vermont, Inc., Imerys USA, Inc.. (Sapon, Andrew) |
| Filing 11 NOTICE OF APPEARANCE by Michael Robert L'Homme on behalf of Cyprus Amax Minerals Company, Imerys Talc America, Inc., Imerys Talc Vermont, Inc., Imerys USA, Inc.. (L'Homme, Michael) |
| Filing 10 NOTICE OF APPEARANCE by Patti Lynn Burshtyn on behalf of Kenneth Silverman, Harriet Silverman. (Burshtyn, Patti) |
| Filing 9 NOTICE OF APPEARANCE by Jason Peter Weinstein on behalf of Kenneth Silverman, Harriet Silverman. (Weinstein, Jason) |
| Filing 8 NOTICE OF REMOVAL from Supreme Court of New York, County of New York. Case Number: 190347/2018..Document filed by Johnson & Johnson Consumer Companies Inc., Johnson & Johnson, Johnson & Johnson Health and Wellness Solutions Inc.. (Attachments: #1 Exhibit A - State Court Summons and Verified Complaint, #2 Exhibit B - State Court Minutes with Summons and Verified Complaint and Affidavits of Service)(Kurland, Thomas) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Thomas Philip Kurland to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): due to party modification, the wrong filer/filers were selected for the pleading; pursuant to Rule 13.3, exhibits to pleading must be labeled (i.e. Summons and Complaint). Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Thomas Philip Kurland. The party information for the following party/parties has been modified: Brenntag North America; Cyprus Amax Minerals Company; Johnson & Johnson Consumer Companies Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was entered incorrectly; alias party name was entered incorrectly. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| Filing 7 AFFIDAVIT OF SERVICE of Notice of Removal and supporting documents served on Attorneys for Plaintiffs and Attorneys for Defendants on September 18, 2018. Service was made by Mail. Document filed by Johnson & Johnson, Johnson & Johnson Consumer, Inc., Johnson & Johnson Health and Wellness Solutions Inc.. (Russo, Louis) |
| Filing 6 ANSWER to Complaint with JURY DEMAND. Document filed by Johnson & Johnson, Johnson & Johnson Consumer, Inc., Johnson & Johnson Health and Wellness Solutions Inc..(Kurland, Thomas) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Johnson & Johnson for Johnson & Johnson Health and Wellness Solutions Inc.. Document filed by Johnson & Johnson Health and Wellness Solutions Inc..(Kurland, Thomas) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Johnson & Johnson for Johnson & Johnson Consumer, Inc.. Document filed by Johnson & Johnson Consumer, Inc..(Kurland, Thomas) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Johnson & Johnson.(Kurland, Thomas) |
| Filing 2 CIVIL COVER SHEET filed. (Kurland, Thomas) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - NOTICE OF REMOVAL from Supreme Court of New York, County of New York. Case Number: 190347/2018. (Filing Fee $ 400.00, Receipt Number 0208-15586549).Document filed by Johnson & Johnson Consumer, Inc., Johnson & Johnson, Johnson & Johnson Health and Wellness Solutions Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kurland, Thomas) Modified on 9/19/2018 (jgo). |
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