Fay et al v. JUUL Labs, Inc. et al
| K.F., Kathryn Fay and Ian Fay |
| JUUL Labs, Inc., New York Smoke Shop, Inc., Altria Group, Inc. and Philip Morris USA, Inc. |
| 1:2019cv10098 |
| October 30, 2019 |
| US District Court for the Southern District of New York |
| Louis L Stanton |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 4, 2019. A more recent docket listing may be available from PACER.
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| Received e-mail from the United States District Court - Northern District of California acknowledging receipt of transferred case. Assigned Case Number: 3:19-cv-07934, filed on 12/03/2019. (sjo) |
| Filing 17 CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL LIFTING STAY OF CONDITIONAL TRANSFER ORDER... that the stay of the Panel's conditional transfer order designated as CTO-9, filed on 11/4/2019, is LIFTED and the action is transferred to the United States District Court - Northern District of California for the coordinated or consolidated pretrial proceedings under 28 U.S.C. 1407 being conducted by the Honorable William H. Orrick III. (Signed by MDL Panel on 12/3/2019) (sjo) |
| MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - Northern District of California. (sjo) |
| Filing 16 LETTER addressed to Judge Louis L. Stanton from Joseph Evall dated December 3, 2019 re: Notice of JPML Transfer Order. Document filed by JUUL Labs, Inc.. (Attachments: #1 Exhibit A - JPML Order Lifting CTO-9 Stay)(Evall, Joseph) |
Filing 15
ORDER dismissing without prejudice #10 Motion to Remand to State Court. After due consideration, it is ordered that: Plaintiffs' November 8, 2019 motion "to Remand This Action to State Court and for Attorneys' Fees" for lack of jurisdiction (Dkt. No. 10), which was brought in disregard of this Court's individual practice 2.A requiring a pre-motion conference before the making of such a motion, is dismissed without prejudice and is regarded as a nullity, there being no reason to waive that rule, and in this case such a pre-motion conference might have been useful. All further action in this case is stayed until 14 days after the United States Judicial Panel on Multidistrict Litigation rules on plaintiffs' motion to vacate the conditional transfer order filed in that Court on November 4, 2019, with respect to which that Court has already set a briefing schedule. So ordered. (Signed by Judge Louis L. Stanton on 11/14/2019) (rro) Modified on 11/26/2019 (ml).
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| Filing 14 LETTER MOTION for Extension of Time to respond to Plaintiff's Complaint (Dkt No.1) addressed to Judge Louis L. Stanton from Anthony Boccanfuso dated November 14, 2019. Document filed by Altria Group, Inc., Philip Morris USA, Inc..(Boccanfuso, Anthony) |
| Filing 13 LETTER addressed to Judge Louis L. Stanton from Joseph Evall dated November 13, 2019 re: Extension of Time to Respond. Document filed by JUUL Labs, Inc..(Evall, Joseph) |
| Filing 12 LETTER addressed to Judge Louis L. Stanton from Jeffrey L. Haberman dated November 12, 2019 re: Request for a Pre-Motion Conference. Document filed by Ian Fay(as the parent and natural guardian of K.F., a minor), Ian Fay(individually), Kathryn Fay(individually), Kathryn Fay(as the parent and natural guardian of K.F., a minor).(Haberman, Jeffrey) |
| Filing 11 MEMORANDUM OF LAW in Support re: #10 MOTION to Remand to State Court and for Attorney's Fees. . Document filed by Ian Fay(as the parent and natural guardian of K.F., a minor), Ian Fay(individually), Kathryn Fay(individually), Kathryn Fay(as the parent and natural guardian of K.F., a minor). (Attachments: #1 Exhibit A, #2 Exhibit B)(Haberman, Jeffrey) |
| Filing 10 MOTION to Remand to State Court and for Attorney's Fees. Document filed by Ian Fay(as the parent and natural guardian of K.F., a minor), Ian Fay(individually), Kathryn Fay(individually), Kathryn Fay(as the parent and natural guardian of K.F., a minor).(Haberman, Jeffrey) |
| Filing 9 NOTICE OF APPEARANCE by Jeffrey Louis Haberman on behalf of Ian Fay(as the parent and natural guardian of K.F., a minor), Ian Fay(individually), Kathryn Fay(individually), Kathryn Fay(as the parent and natural guardian of K.F., a minor). (Haberman, Jeffrey) |
| Filing 8 NOTICE of Consent to Removal re: #1 Notice of Removal,. Document filed by Altria Group, Inc., Philip Morris USA, Inc.. (Boccanfuso, Anthony) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Altria Group, Inc. for Philip Morris USA, Inc.. Document filed by Philip Morris USA, Inc..(Boccanfuso, Anthony) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Altria Group, Inc..(Boccanfuso, Anthony) |
| Filing 5 NOTICE OF APPEARANCE by Anthony D Boccanfuso on behalf of Altria Group, Inc., Philip Morris USA, Inc.. (Boccanfuso, Anthony) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joseph Evall re: Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): Add Kathryn Fay and Ian Fay with the party text "as the parent and natural guardian of K.F., a minor" for each to CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Joseph Evall to Document No. #4 Statement of Relatedness. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the related case statement is not correct; Do not file a related case statement if the related case is not in the Southern District of New York. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Evall. The party information for the following party/parties has been modified: Kathryn Fay, Ian Fay. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| Magistrate Judge James L. Cott 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Louis L. Stanton. 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) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners JUUL Labs, Inc. added. Party added pursuant to #1 Notice of Removal,.Document filed by JUUL Labs, Inc.. Related document: #1 Notice of Removal,.(Evall, Joseph) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Joseph Evall. The following party/parties has been removed from this case: K.F.. The party was added to the case in error. (pc) |
| Case Designated ECF. (pc) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - STATEMENT OF RELATEDNESS re: that this action be filed as related to 3:19-md-02913-WHO. Document filed by JUUL Labs, Inc..(Evall, Joseph) Modified on 10/31/2019 (pc). |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Altria Group, Inc. for JUUL Labs, Inc.. Document filed by JUUL Labs, Inc..(Evall, Joseph) |
| Filing 2 CIVIL COVER SHEET filed. (Evall, Joseph) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 159047/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-17865344).Document filed by JUUL Labs, Inc.. (Attachments: #1 Exhibit A- State Court Filings, #2 Exhibit B- Declaration of Diana Gnyp)(Evall, Joseph) |
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