MICCA et al v. AliMed, Inc. et al
| DAVID J. MICCA and BETH A. MICCA |
| Whittacker, Clark & Daniels, Inc., The Estee Lauder Companies, Inc., McKesson Medical-Surgical Inc., Johnson & Johnson Products, Inc., Mineral and Pigment Solutions, Inc., Cosmetic Specialties LLC, Estee Lauder, Inc., IMI Fabi (Diana) LLC, Gill Podiatry Supply & Equipment Co., Revlon, Inc., Brenntag Specialties, Inc., Radebaugh Fetzer Company, Johnson & Johnson Consumer, Inc., BSN medical Inc., L'Oreal USA, Inc., Shiseido America, Inc., Johnson & Johnson Orthopaedics, Inc., Cyprus Amax Minerals Company, Chanel, Inc., Medline Industries, Inc., Johnson & Johnson, Inc., Private Label Cosmetics Corporation, R.T. Vanderbilt Company, Inc., AliMed, Inc. and Brenntag North America, Inc. |
| 1:2019cv05788 |
| June 20, 2019 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| P.I. : Asbestos |
| 28 U.S.C. § 1446 nr |
| Defendant |
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Filing 30
STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between counsel of record for all parties who have appeared in the above-captioned action, that pursuant to Federal Rule of Civil Procedure 4l(a)(1)(A)(ii), the above-captioned action is hereby dismissed as to all claims known or knowable to the Plaintiffs, with prejudice and without costs to any party, as to the following Defendants: CHANEL, INC. CYPRUS AMAX MINERALS CO. JOHNSON & JOHNSON JOHNSON & JOHNSON CONSUMER INC. JOHNSON & JOHNSON ORTHOPAEDICS, INC. JOHNSON & JOHNSON PRODUCTS, INC. MEDLINE INDUSTRIES, INC. REVLON, INC. IT IS FURTHER STIPULATED AND AGREED by and between counsel of record for all parties who have appeared in the above-captioned action, that pursuant to Federal Rule of Civil Procedure 4l(c)(1), all cross-claims asserted by defendants CHANEL, INC.; CYPRUS AMAX MINERALS CO.; and REVLON, INC. against any defendant that is being dismissed with prejudice pursuant to this stipulation, also are hereby dismissed, with prejudice and without costs to any party. SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/13/2019) (jca)
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| Filing 29 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Chanel, Inc., Cyprus Amax Minerals Company, Johnson & Johnson Consumer, Inc., Johnson & Johnson Orthopaedics, Inc., Johnson & Johnson Products, Inc., Johnson & Johnson, Inc., Medline Industries, Inc., Revlon, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Beth A. Micca, David J. Micca. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Wasserberg, Daniel) |
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Filing 28
STIPULATION OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between all parties who have appeared in the above-captioned action, and/or their respective counsels, that Pursuant to F.R.C.P. 4l(a)(l)(A)(ii) of the Federal Rules of Civil Procedure, the above captioned-action is voluntarily dismissed as to all claims known or knowable to the Plaintiffs, without prejudice; and as further set forth herein. SO ORDERED. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Lorna G. Schofield on 8/8/2019) (jca)
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Filing 27
STIPULATION OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between all parties who have appeared in the above-captioned action, and/or their respective counsels, that Pursuant to F.R.C.P. 4l(a)(l)(A)(ii) of the Federal Rules of Civil Procedure, the above captioned-action is voluntarily dismissed as to all claims known or knowable to the Plaintiffs, without prejudice, against defendants: ALIMED, INC.; BRENNTAG NORTH AMERICA, INC., Individually and as Successor in Interest to MINERAL PIGMENT SOLUTIONS, INC., as Successor in Interest to WHITTAKER CLARK & DANIELS; BRENNTAG SPECIALTIES, INC. f/k/a MINERAL PIGMENT SOLUTIONS, INC. and as successor in interest to WHITTAKER, CLARK & DANIELS, INC.; BSN MEDICAL, INC.; COSMETIC SPECIALTIES LLC; ESTEE LAUDER, INC.; GILL PODIATRY SUPPLY & EQUIPMENT CO.; IMIFABI (DIANA) LLC; MCKESSON MEDICAL-SURGICAL INC., Individually and as Successor in Interest to MOORE MEDICAL, INC.; MINERAL AND PIGMENT SOLUTIONS, INC., f/k/a WHITTAKER, CLARK & DANIELS, INC.; PRIVATE LABEL COSMETICS CORPORATION; R.T. VANDERBILT COMPANY, INC., Individually and as Successor in Interest to INTERNATIONAL TALC CO., INTERNATIONAL PULP CO., and GOVERNEUR TALC CO., INC.; RADEBAUGH FETZER COMPANY, Individually and as Successor in Interest to GILL PODIATRY; SHISEIDO AMERICA, INC., Individually and as Successor in Interest to BARE ESCENTUALS, INC. a/k/a BARE MINERALS; THE ESTEE LAUDER COMPANIES, INC.; and WHITTAKER, CLARK & DANIELS, INC., Pursuant to the Federal Rules of Civil Procedure 41(a)(l)(A)(ii) with each party bearing their own fees and costs incurred in this matter; IT IS FURTHER STIPULATED AND AGREED by and between all parties who have appeared in the above-captioned action, and/or their respective counsels, that all cross-claims asserted by defendants CHANEL, INC.; CYPRUS AMAX MINERALS CO. and REVLON, INC. are hereby dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(c)(l). SO ORDERED. Brenntag North America, Inc. (Individually and as Successor in Interest to Mineral Pigment Solutions, Inc., as Successor in Interest to Whittaker Clark & Daniels), Brenntag Specialties, Inc., Chanel, Inc., Cosmetic Specialties LLC, Estee Lauder, Inc., Gill Podiatry Supply & Equipment Co., IMI Fabi (Diana) LLC, McKesson Medical-Surgical Inc. (Individually and as Successor in Interest to Moore Medical, Inc.), Mineral and Pigment Solutions, Inc., Private Label Cosmetics Corporation, R.T. Vanderbilt Company, Inc. (Individually and as Successor in Interest to International Talc Co., International Pulp Co., and Governeur Talc Co., Inc.), Radebaugh Fetzer Company (Individually and as Successor in Interest to Gill Podiatry), Revlon, Inc., Shiseido America, Inc. (Individually and as Successor in Interest to Bare Escentuals, Inc. a/k/a Bare Minerals), The Estee Lauder Companies, Inc., Whittacker, Clark & Daniels, Inc., AliMed, Inc. and BSN medical Inc. terminated. (Signed by Judge Lorna G. Schofield on 8/8/2019) (jca)
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| Filing 26 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) L'Oreal USA, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Beth A. Micca, David J. Micca. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Wasserberg, Daniel) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #26 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 25 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) AliMed, Inc., BSN medical Inc., Brenntag North America, Inc., Brenntag Specialties, Inc., Cosmetic Specialties LLC, Estee Lauder, Inc., Gill Podiatry Supply & Equipment Co., IMI Fabi (Diana) LLC, L'Oreal USA, Inc., McKesson Medical-Surgical Inc., Mineral and Pigment Solutions, Inc., Private Label Cosmetics Corporation, R.T. Vanderbilt Company, Inc., Radebaugh Fetzer Company, Shiseido America, Inc., The Estee Lauder Companies, Inc., Whittacker, Clark & Daniels, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Beth A. Micca, David J. Micca. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Wasserberg, Daniel) |
| Filing 24 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF VOLUNTARY DISMISSAL, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) AliMed, Inc., BSN medical Inc., Brenntag North America, Inc., Brenntag Specialties, Inc., Cosmetic Specialties LLC, Estee Lauder, Inc., Gill Podiatry Supply & Equipment Co., IMI Fabi (Diana) LLC, L'Oreal USA, Inc., McKesson Medical-Surgical Inc., Mineral and Pigment Solutions, Inc., Private Label Cosmetics Corporation, R.T. Vanderbilt Company, Inc., Radebaugh Fetzer Company, Shiseido America, Inc., The Estee Lauder Companies, Inc., Whittacker, Clark & Daniels, Inc.. Document filed by Beth A. Micca, David J. Micca. Proposed Order to be reviewed by Clerk's Office staff.. (Wasserberg, Daniel) Modified on 8/7/2019 (km). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Daniel Wasserberg to RE-FILE Document #24 Notice of Voluntary Dismissal. Use the event type Other Filings, Other Documents, Stipulation of Voluntary Dismissal. (km) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #25 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 23 ANSWER to Complaint. Document filed by Cyprus Amax Minerals Company.(L'Homme, Michael) |
| Filing 22 NOTICE OF APPEARANCE by Daniel Joshua Wasserberg on behalf of Beth A. Micca, David J. Micca. (Wasserberg, Daniel) |
| Filing 21 NOTICE OF APPEARANCE by Michael Robert L'Homme on behalf of Cyprus Amax Minerals Company. (L'Homme, Michael) |
| Filing 20 NOTICE OF APPEARANCE by Michael Robert L'Homme on behalf of Cyprus Amax Minerals Company. (Attachments: #1 Affidavit Affidavit of Service)(L'Homme, Michael) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Freeport Minerals Corporation f/k/a Phelps Dodge Corporation, Corporate Parent Freeport McMoRan Inc. for Cyprus Amax Minerals Company. Document filed by Cyprus Amax Minerals Company. (Attachments: #1 Affidavit Affidavit of Service)(L'Homme, Michael) |
| Filing 18 NOTICE OF APPEARANCE by Jaime L Regan on behalf of Medline Industries, Inc.. (Regan, Jaime) |
| Filing 17 NOTICE OF APPEARANCE by Frederick Harold Fern on behalf of Medline Industries, Inc.. (Fern, Frederick) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Chanel, Inc..(Rizvi, Syed) |
| Filing 15 ANSWER to Complaint., CROSSCLAIM against AliMed, Inc., BSN medical Inc., Brenntag North America, Inc., Brenntag Specialties, Inc., Cosmetic Specialties LLC, Cyprus Amax Minerals Company, Estee Lauder, Inc., Gill Podiatry Supply & Equipment Co., IMI Fabi (Diana) LLC, Johnson & Johnson Consumer, Inc., Johnson & Johnson Orthopaedics, Inc., Johnson & Johnson Products, Inc., Johnson & Johnson, Inc., L'Oreal USA, Inc., McKesson Medical-Surgical Inc., Medline Industries, Inc., Mineral and Pigment Solutions, Inc., Private Label Cosmetics Corporation, R.T. Vanderbilt Company, Inc., Radebaugh Fetzer Company, Revlon, Inc., Shiseido America, Inc., The Estee Lauder Companies, Inc., Whittacker, Clark & Daniels, Inc.. Document filed by Chanel, Inc..(Rizvi, Syed) |
| Filing 14 NOTICE OF APPEARANCE by Matthew Ethan Funk on behalf of Johnson & Johnson Consumer, Inc., Johnson & Johnson, Inc.. (Funk, Matthew) |
| Filing 13 CERTIFICATE OF SERVICE of Scheduling Order served on All Counsel of record on July 17, 2019. Service was made by Mail. Document filed by Johnson & Johnson Consumer, Inc., Johnson & Johnson, Inc.. (Kurland, Thomas) |
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Filing 12
ORDER: Initial Conference set for 9/5/2019 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/15/2019) (kgo)
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| Filing 11 ANSWER to Complaint., CROSSCLAIM against All Defendants. Document filed by Revlon, Inc..(McCann, Timothy) |
| Filing 10 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Revlon, Inc. for Revlon, Inc.. Document filed by Revlon, Inc..(McCann, Timothy) |
| Filing 9 NOTICE OF APPEARANCE by Timothy M. McCann on behalf of Revlon, Inc.. (McCann, Timothy) |
| Filing 8 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 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Johnson & Johnson, Inc..(Kurland, Thomas) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Thomas Philip Kurland. The party information for the following party/parties has been modified: BETH A. MICCA, DAVID J. MICCA. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| Magistrate Judge Ona T. Wang 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. (pc) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Thomas Philip Kurland to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement, #4 Rule 7.1 Corporate Disclosure Statement. ERROR(S): PDF error. NOTE: The PDFs are labeled "Notice of Removal," please label them correctly and re-file. (ldi) |
| Case Designated ECF. (pc) |
| Filing 6 ANSWER to Complaint (Notice of Removal) with JURY DEMAND. Document filed by Johnson & Johnson Consumer, Inc., Johnson & Johnson, Inc.. (Kurland, Thomas) |
| Filing 5 CERTIFICATE OF SERVICE of Notice of Removal and supporting documents served on Attorneys for Plaintiffs and Other Defendants on 6/20/2019. Service was made by FedEx. Document filed by Johnson & Johnson Consumer, Inc., Johnson & Johnson, Inc.. (Kurland, Thomas) |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - 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) Modified on 6/21/2019 (ldi). |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Johnson & Johnson, Inc..(Kurland, Thomas) Modified on 6/21/2019 (ldi). |
| Filing 2 CIVIL COVER SHEET filed. (Kurland, Thomas) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court, County of New York. Case Number: 190145/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-17117420).Document filed by Johnson & Johnson Consumer, Inc., Johnson & Johnson, Inc.. (Attachments: #1 Exhibit A - State Court Document List, and Summons and Compaint)(Kurland, Thomas) |
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