Graham v. Bristol-Myers Squibb Company et al
Plaintiff: Patricia Graham
Defendant: Merle Norman Cosmetics, Inc., THE PROCTOR & GAMBLE COMPANY, individually and as successor in interest to YARDLEY OF LONDON, INC., LAURA MERCIER COSMETICS, JOHNSON & JOHNSON CONSUMER INC. (f/k/a Johnson & Johnson Consumer Companies Inc.), Bristol-Myers Squibb Company, M.A.C. Cosmetics Inc., Colgate-Palmolive Co., Revlon, Inc., WHITTAKER, CLARK & DANIELS INC., Shiseido Americas Corporation, LOREAL USA, INC., f/k/a Cosmair, Inc., HONEYWELL INTERNATIONAL, INC. fka Allied Signal, Inc/ Bendix, Johnson & Johnson, MAX FACTOR & COMPANY, Chanel, Inc., YARDLEY OF LONDON, LTD., and YARDLEY OF LONDON (U.S.), LLC, Union Carbide Corporation, The Estee Lauder Companies Inc., Yves Saint Laurent America, Inc., Honeywell International, Inc., L'Oreal USA, Inc., Johnson & Johnson Consumer Inc., The Proctor & Gamble Company, The Proctor & Gamble Company as successor in interest to Yardley of London, Inc., Yardley of London, Ltd, Yardley of London (U.S.) and Max Factor & Company, Johnson & Johnson Consumer Companies Inc., Cosmair, Inc. and Allied Signal, Inc
Case Number: 1:2020cv08876
Filed: October 23, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: J Paul Oetken
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1441 nr
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2020 Filing 38 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Yves Saint Laurent America, Inc.. Document filed by Patricia Graham. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Chandler, David)
December 21, 2020 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #38 Notice of Voluntary Dismissal was reviewed and referred to Judge J. Paul Oetken 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)
December 9, 2020 Filing 37 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against All Defendants. Document filed by Merle Norman Cosmetics, Inc...(Howarth, John)
December 9, 2020 Filing 36 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Merle Norman Cosmetics, Inc...(Howarth, John)
December 8, 2020 Filing 35 NOTICE OF APPEARANCE by John Samuel Howarth on behalf of Merle Norman Cosmetics, Inc...(Howarth, John)
December 7, 2020 Filing 34 SUGGESTION OF DEATH upon the record as to Plaintiff . Document filed by Johnson & Johnson, Johnson & Johnson Consumer Inc..(Kurland, Thomas)
December 7, 2020 Filing 33 REPLY MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss Plaintiff's Motion for Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(2). . Document filed by Patricia Graham..(Chandler, David)
November 30, 2020 Filing 32 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Andrew J. Scholz dated 11/30/2020 re: #22 LETTER MOTION to Stay Briefing on Dispositive Motions Pending the Court's Ruling on Plaintiff's Rule 41(a)(2) Motion for Voluntary Dismissal addressed to Judge J. Paul Oetken from David A. Chandler dated 11/17/2020. . Document filed by The Proctor & Gamble Company as successor in interest to Yardley of London, Inc., Yardley of London, Ltd, Yardley of London (U.S.) and Max Factor & Company..(Scholz, Andrew)
November 30, 2020 Filing 31 MEMORANDUM OF LAW in Opposition re: #15 MOTION to Dismiss Plaintiff's Motion for Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(2). . Document filed by Revlon, Inc...(McCann, Timothy)
November 30, 2020 Filing 30 DECLARATION of Timothy M. McCann, Esq. of Hawkins Parnell & Young, LLP, Attorneys for Revlon Consumer Products Corporation, incorrectly sued herein as Revlon, Inc. in Opposition re: #15 MOTION to Dismiss Plaintiff's Motion for Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(2).. Document filed by Revlon, Inc.. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Notice of Removal by Revlon Consumer Products Corporation ("RCPC"), #3 Exhibit C - RCPC's Answer, #4 Exhibit D - Plaintiff's Affidavit of Service Upon Revlon, Inc.).(McCann, Timothy)
November 30, 2020 Filing 29 MEMORANDUM OF LAW in Opposition re: #15 MOTION to Dismiss Plaintiff's Motion for Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(2). . Document filed by Johnson & Johnson, Johnson & Johnson Consumer Inc...(Kurland, Thomas)
November 20, 2020 Opinion or Order Filing 28 ORDER granting #22 Letter Motion to Stay: GRANTED. BRIEFING ON DEFENDANTS' DISPOSITIVE MOTIONS IS STAYED UNTIL THIS COURT RULES ON PLAINTIFF'S RULE 41(A)(2) MOTION. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
November 19, 2020 Filing 27 PROPOSED ORDER. Document filed by M.A.C. Cosmetics Inc.. Related Document Number: #25 ..(Fleming, Douglas) Proposed Order to be reviewed by Clerk's Office staff.
November 19, 2020 Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss Plaintiff's Complaint. . Document filed by M.A.C. Cosmetics Inc...(Fleming, Douglas)
November 19, 2020 Filing 25 MOTION to Dismiss Plaintiff's Complaint. Document filed by M.A.C. Cosmetics Inc...(Fleming, Douglas)
November 19, 2020 Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Estee Lauder Companies Inc. for M.A.C. Cosmetics Inc.. Document filed by M.A.C. Cosmetics Inc...(Fleming, Douglas)
November 19, 2020 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #27 Proposed Order was reviewed and approved as to form. (km)
November 18, 2020 Filing 23 NOTICE OF APPEARANCE by Melissa He on behalf of Revlon, Inc...(He, Melissa)
November 17, 2020 Filing 22 LETTER MOTION to Stay Briefing on Dispositive Motions Pending the Court's Ruling on Plaintiff's Rule 41(a)(2) Motion for Voluntary Dismissal addressed to Judge J. Paul Oetken from David A. Chandler dated 11/17/2020. Document filed by Patricia Graham..(Chandler, David)
November 17, 2020 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #21 Proposed Order was reviewed and approved as to form. (km)
November 16, 2020 Filing 21 PROPOSED ORDER. Document filed by The Estee Lauder Companies Inc.. Related Document Number: #19 ..(Fleming, Douglas) Proposed Order to be reviewed by Clerk's Office staff.
November 16, 2020 Filing 20 MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss Plaintiff's Complaint. . Document filed by The Estee Lauder Companies Inc.. (Attachments: #1 Exhibit A. - Pt 1 of 2 - Karst & van Oiste Standard Complaint, #2 Exhibit A. - Pt 2 of 2 - Karst & van Oiste Standard Complaint, #3 Exhibit B. - CMO).(Fleming, Douglas)
November 16, 2020 Filing 19 MOTION to Dismiss Plaintiff's Complaint. Document filed by The Estee Lauder Companies Inc...(Fleming, Douglas)
November 16, 2020 Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Estee Lauder Companies Inc...(Fleming, Douglas)
November 16, 2020 Filing 17 NOTICE OF APPEARANCE by Douglas E. Fleming, III on behalf of The Estee Lauder Companies Inc...(Fleming, Douglas)
November 16, 2020 Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss Plaintiff's Motion for Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(2). . Document filed by Patricia Graham. (Attachments: #1 Exhibit A).(Chandler, David)
November 16, 2020 Filing 15 MOTION to Dismiss Plaintiff's Motion for Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(2). Document filed by Patricia Graham. Responses due by 11/30/2020.(Chandler, David)
November 13, 2020 Filing 14 NOTICE of to Attorney Regarding Consent to Removal on behalf of Defendant The Procter & Gamble Company. Document filed by The Proctor & Gamble Company as successor in interest to Yardley of London, Inc., Yardley of London, Ltd, Yardley of London (U.S.) and Max Factor & Company..(Scholz, Andrew)
November 13, 2020 Filing 13 ANSWER to Complaint., CROSSCLAIM against Bristol-Myers Squibb Company, Chanel, Inc., Colgate-Palmolive Co., Honeywell International, Inc., Johnson & Johnson, Johnson & Johnson Consumer Inc., L'Oreal USA, Inc., Laura Mercier Cosmetics, M.A.C. Cosmetics Inc., Merle Norman Cosmetics, Inc., Revlon, Inc., Shiseido Americas Corporation, The Estee Lauder Companies Inc., Union Carbide Corporation, Whittaker, Clark & Daniels Inc., Yves Saint Laurent America, Inc.. Document filed by The Proctor & Gamble Company as successor in interest to Yardley of London, Inc., Yardley of London, Ltd, Yardley of London (U.S.) and Max Factor & Company, The Proctor & Gamble Company..(Scholz, Andrew)
November 13, 2020 Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Proctor & Gamble Company, The Proctor & Gamble Company as successor in interest to Yardley of London, Inc., Yardley of London, Ltd, Yardley of London (U.S.) and Max Factor & Company..(Scholz, Andrew)
October 26, 2020 Filing 11 NOTICE OF APPEARANCE by Walsy K. Saez Aguirre on behalf of Revlon, Inc...(Saez Aguirre, Walsy)
October 26, 2020 Filing 10 CIVIL COVER SHEET filed..(McCann, Timothy)
October 26, 2020 Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Defendants. Document filed by Patricia Graham. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Chandler, David) Modified on 10/26/2020 (km).
October 26, 2020 Filing 8 NOTICE OF APPEARANCE by David Allan Chandler on behalf of Patricia Graham..(Chandler, David)
October 26, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Timothy M. McCann. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding); Citizenship Defendant code 1 (Citizen of This State);. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court); the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State);. (jgo)
October 26, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Timothy M. McCann to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code was not selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
October 26, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Timothy M. McCann. The party information for the following party/parties has been modified: HONEYWELL INTERNATIONAL, INC. fka Allied Signal, Inc/ Bendix; JOHNSON & JOHNSON CONSUMER INC. (f/k/a Johnson & Johnson Consumer Companies Inc.); LAURA MERCIER COSMETICS; LOREAL USA, INC., f/k/a Cosmair, Inc.; THE PROCTOR & GAMBLE COMPANY, individually and as successor in interest to YARDLEY OF LONDON, INC.; WHITTAKER, CLARK & DANIELS INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted; party was modified to add alias separately. (jgo)
October 26, 2020 ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Timothy M. McCann. The following party/parties has been removed from this case: YARDLEY OF LONDON, LTD., and YARDLEY OF LONDON (U.S.), LLC; MAX FACTOR & COMPANY. The party was added to the case in error. (jgo)
October 26, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Timothy M. McCann re: Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add party The Proctor & Gamble Company with party text 'as successor in interest to Yardley of London, Inc., Yardley of London, Ltd, Yardley of London (U.S.) and Max Factor & Company'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo)
October 26, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
October 26, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney David Chandler. RE-FILE Document No. #9 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): there was an answer filed in this case. A stipulation of voluntary dismissal needs to be filed with handwritten signatures of the attorneys. File the stipulation under Other Filings, Other Documents, Stipulation of Voluntary Dismissal. (km)
October 26, 2020 Case Designated ECF. (jgo)
October 26, 2020 Magistrate Judge Robert W. Lehrburger 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
October 26, 2020 ADD PARTY FOR PLEADING. Defendants/Respondents The Proctor & Gamble Company as successor in interest to Yardley of London, Inc., Yardley of London, Ltd, Yardley of London (U.S.) and Max Factor & Company added. Party added pursuant to #1 Notice of Removal,.Document filed by Revlon, Inc.. Related document: #1 Notice of Removal,..(McCann, Timothy)
October 23, 2020 Filing 7 ANSWER to Complaint with JURY DEMAND. Document filed by JOHNSON & JOHNSON CONSUMER INC. (f/k/a Johnson & Johnson Consumer Companies Inc.), Johnson & Johnson..(Kurland, Thomas)
October 23, 2020 Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Johnson & Johnson for JOHNSON & JOHNSON CONSUMER INC. (f/k/a Johnson & Johnson Consumer Companies Inc.). Document filed by JOHNSON & JOHNSON CONSUMER INC. (f/k/a Johnson & Johnson Consumer Companies Inc.)..(Kurland, Thomas)
October 23, 2020 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Johnson & Johnson..(Kurland, Thomas)
October 23, 2020 Filing 4 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against Patricia Graham., COUNTERCLAIM against Patricia Graham. Document filed by Revlon, Inc...(McCann, Timothy)
October 23, 2020 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Revlon, Inc...(McCann, Timothy)
October 23, 2020 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(McCann, Timothy) Modified on 10/26/2020 (jgo).
October 23, 2020 Filing 1 NOTICE OF REMOVAL from New York, County of New York. Case Number: 190280/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-22286322).Document filed by Revlon, Inc.. (Attachments: #1 Exhibit EXHIBIT A - Summons and Complaint, #2 Exhibit EXHIBIT B - Interrogatory Responses).(McCann, Timothy)

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Search for this case: Graham v. Bristol-Myers Squibb Company et al
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Defendant: Merle Norman Cosmetics, Inc.
Represented By: John Samuel Howarth
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Defendant: THE PROCTOR & GAMBLE COMPANY, individually and as successor in interest to YARDLEY OF LONDON, INC.
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Defendant: LAURA MERCIER COSMETICS
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Defendant: JOHNSON & JOHNSON CONSUMER INC. (f/k/a Johnson & Johnson Consumer Companies Inc.)
Represented By: Thomas Philip Kurland
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Defendant: Bristol-Myers Squibb Company
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Defendant: M.A.C. Cosmetics Inc.
Represented By: Douglas E. Fleming, III
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Defendant: Colgate-Palmolive Co.
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Defendant: Revlon, Inc.
Represented By: Timothy M. McCann
Represented By: Walsy K. Saez Aguirre
Represented By: Melissa He
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Defendant: WHITTAKER, CLARK & DANIELS INC.
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Defendant: Shiseido Americas Corporation
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Defendant: LOREAL USA, INC., f/k/a Cosmair, Inc.
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Defendant: HONEYWELL INTERNATIONAL, INC. fka Allied Signal, Inc/ Bendix
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Defendant: Johnson & Johnson
Represented By: Thomas Philip Kurland
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Defendant: MAX FACTOR & COMPANY
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Defendant: Chanel, Inc.
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Defendant: YARDLEY OF LONDON, LTD., and YARDLEY OF LONDON (U.S.), LLC
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Defendant: Union Carbide Corporation
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Defendant: The Estee Lauder Companies Inc.
Represented By: Douglas E. Fleming, III
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Defendant: Yves Saint Laurent America, Inc.
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Defendant: Honeywell International, Inc.
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Defendant: L'Oreal USA, Inc.
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Defendant: Johnson & Johnson Consumer Inc.
Represented By: Thomas Philip Kurland
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Defendant: The Proctor & Gamble Company
Represented By: Andrew John Scholz
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Defendant: The Proctor & Gamble Company as successor in interest to Yardley of London, Inc., Yardley of London, Ltd, Yardley of London (U.S.) and Max Factor & Company
Represented By: Andrew John Scholz
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Defendant: Johnson & Johnson Consumer Companies Inc.
Represented By: Thomas Philip Kurland
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Defendant: Cosmair, Inc.
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Defendant: Allied Signal, Inc
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Plaintiff: Patricia Graham
Represented By: David Allan Chandler
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