Resnik v. Rite Aid of New York, Inc. et al
| Amy Resnik |
| DRI I, Inc., Johnson & Johnson Consumer Companies, Inc., Rite Aid of New York City, Inc., Johnson & Johnson, Walgreen Eastern Co., Inc., Duane Reade, Inc., Rite Aid of New York, Inc., Kolmar Laboratories, Inc. and CVS Pharmacy, Inc. |
| 1:2021cv04609 |
| May 21, 2021 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on July 13, 2021. A more recent docket listing may be available from PACER.
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CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1ZE22E533710053693 on 7/13/2021..(kv)
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Filing 29
CLERK'S JUDGMENT re: #28 Order on Motion to Remand to State Court, in favor of Amy Resnik against CVS Pharmacy, Inc., DRI I, Inc., Duane Reade, Inc., Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc., Kolmar Laboratories, Inc., Rite Aid of New York City, Inc., Rite Aid of New York, Inc., Walgreen Eastern Co., Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum and Order dated July 12, 2021, the Court grants plaintiff's motion to remand and denies plaintiff's motion for costs. (Signed by Clerk of Court Ruby Krajick on 7/12/2021) (Attachments: #1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing.
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Filing 28
MEMORANDUM AND ORDER granting #16 Motion to Remand to State Court. For the foregoing reasons, the Court GRANTS plaintiff's motion to remand and DENIES plaintiff's motion for costs. Clerk to enter judgment. SO ORDERED.. (Signed by Judge Jed S. Rakoff on 7/12/2021) (kv) Transmission to Orders and Judgments Clerk for processing.
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Filing 27
DECLARATION of Jason P. Weinstein in Support re: #16 MOTION to Remand to State Court .. Document filed by Amy Resnik. (Attachments: #1 Exhibit 8 -- Leek Deposition Excerpts, #2 Exhibit 9 -- Mittenthal Deposition Excerpts).(Weinstein, Jason)
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Filing 26
REPLY MEMORANDUM OF LAW in Support re: #16 MOTION to Remand to State Court . . Document filed by Amy Resnik..(Weinstein, Jason)
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Filing 25
NOTICE OF APPEARANCE by Kevin Cullen McCaffrey on behalf of Kolmar Laboratories, Inc...(McCaffrey, Kevin)
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Filing 24
DECLARATION of Thomas P. Kurland in Opposition re: #16 MOTION to Remand to State Court .. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Attachments: #1 Exhibit A - July 8, 1980 Memorandum, #2 Exhibit B Process Specification [JNJ000298169], #3 Exhibit C Deposition excerpts of R. Edmonds, on November 16-17, 2020, #4 Exhibit D Deposition excerpts of B. Leek, on October 6, 2020, #5 Exhibit E Deposition excerpts of E. Kausmeyer, on October 21, 2020, #6 Exhibit F Deposition excerpts of J. Mittenthal, on August 14, 2020, #7 Exhibit G Windsor Minerals, Inc., Consolidated Income Statement, #8 Exhibit H Deposition excerpts of R. Yakupcin, on January 23-24, 2020, #9 Exhibit I Process Specification [JNJ000298185], #10 Exhibit J Report of CTFA Talc Subcommittee, #11 Exhibit K November 3,1981 Memorandum, #12 Exhibit L October 14,1982 Memorandum, #13 Exhibit M Deposition excerpts of P. Locatell, on July 7, 2020, #14 Exhibit N - Complaint (No. 17-4034(FLW) (D.N.J.)).(Kurland, Thomas)
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Filing 23
MEMORANDUM OF LAW in Opposition re: #16 MOTION to Remand to State Court . . Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc...(Kurland, Thomas)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Initial Pretrial Conference held on 6/21/2021. This case is stayed until the Motion to Remand is decided. (Kotowski, Linda)
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Filing 22
REPLY to Response to Motion re: #20 MOTION to Stay proceedings pending transfer to MDL 2738. . Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Attachments: #1 Exhibit H Part 1 - NYCAL CMO, #2 Exhibit H Part 2 - NYCAL CMO).(Kurland, Thomas)
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Filing 21
RESPONSE in Opposition to Motion re: #20 MOTION to Stay proceedings pending transfer to MDL 2738. . Document filed by Amy Resnik. (Attachments: #1 Exhibit 1 -- MOL in Support of Remand, #2 Exhibit 2 -- April 23, 2021 Letter, #3 Exhibit 3 -- Silverman v Brenntag).(Weinstein, Jason)
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Filing 20
MOTION to Stay proceedings pending transfer to MDL 2738. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Attachments: #1 Exhibit A - MDL 2738 10/4/16 Transfer Order, #2 Exhibit B - 5/26/17 Stay Order (17-cv-3308), #3 Exhibit C - 5/7/18 Stay Order (18-cv-2152), #4 Exhibit D - 9/20/16 Stay Order (16-cv-134), #5 Exhibit E - CTO-257 (MDL 2738), #6 Exhibit F- Opposition to CTO-257 (MDL 2738), #7 Exhibit G - JPML Briefing Schedule (MDL 2738)).(Kurland, Thomas)
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Filing 19
NOTICE OF COURT CONFERENCE: DATE AND PLACE OF CONFERENCE: 6-21- 2021, ON A TELECONFERENCE LINE AT 11:30am. The dial-in information for the call will be as follows: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415. Initial Conference set for 6/21/2021 at 11:30 AM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 6/7/2021) (kv)
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Filing 18
DECLARATION of Jason P. Weinstein in Support re: #16 MOTION to Remand to State Court .. Document filed by Amy Resnik. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Weinstein, Jason)
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Filing 17
MEMORANDUM OF LAW in Support re: #16 MOTION to Remand to State Court . . Document filed by Amy Resnik..(Weinstein, Jason)
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Filing 16
MOTION to Remand to State Court . Document filed by Amy Resnik..(Weinstein, Jason)
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NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge John G. Koeltl is no longer assigned to the case..(wb)
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NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Analisa Torres is no longer assigned to the case..(wb)
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Filing 15
ANSWER to Complaint with JURY DEMAND. Document filed by Walgreen Eastern Co., Inc...(Murdica, James)
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Filing 14
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Walgreens Boots Alliance, Inc., Corporate Parent Walgreen Co. for Walgreen Eastern Co., Inc.. Document filed by Walgreen Eastern Co., Inc...(Murdica, James)
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Filing 13
ANSWER to Complaint with JURY DEMAND. Document filed by Rite Aid of New York, Inc...(Murdica, James)
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Filing 12
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Rite Aid Corporation for Rite Aid of New York, Inc.. Document filed by Rite Aid of New York, Inc...(Murdica, James)
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Filing 11
ANSWER to Complaint with JURY DEMAND. Document filed by Duane Reade, Inc...(Murdica, James)
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Filing 10
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Walgreens Boots Alliance, Inc., Corporate Parent Walgreen Co. for Duane Reade, Inc.. Document filed by Duane Reade, Inc...(Murdica, James)
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Filing 9
ANSWER to Complaint with JURY DEMAND. Document filed by CVS Pharmacy, Inc...(Murdica, James)
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Filing 8
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc.. Document filed by CVS Pharmacy, Inc...(Murdica, James)
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NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Naomi Reice Buchwald is no longer assigned to the case..(wb)
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Filing 7
NOTICE OF APPEARANCE by Jason Peter Weinstein on behalf of Amy Resnik..(Weinstein, Jason)
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Filing 6
AFFIDAVIT OF SERVICE of Notice of Removal and supporting documents served on Attorneys for Plaintiffs and Defendants and Kolmar Laboratories, Inc. on May 21, 2021 and May 24, 2021. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc...(Kurland, Thomas)
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Magistrate Judge Sarah Netburn 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. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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..(vf)
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Case Designated ECF. (vf)
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Filing 5
ANSWER to Complaint (Notice of Removal) with JURY DEMAND. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc...(Kurland, Thomas)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Johnson & Johnson for Johnson & Johnson Consumer Companies, Inc.. Document filed by Johnson & Johnson Consumer Companies, Inc...(Kurland, Thomas)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Johnson & Johnson..(Kurland, Thomas)
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Filing 2
CIVIL COVER SHEET filed..(Kurland, Thomas)
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Filing 1
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 190071/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24575458).Document filed by Johnson & Johnson Consumer Companies, Inc., Johnson & Johnson. (Attachments: #1 Exhibit A, State Court Pleadings, #2 Exhibit B, CVS Consent, #3 Exhibit C, Duane Reade Consent, #4 Exhibit D, Gavin Opinion).(Kurland, Thomas)
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