Greenberg v. Kolmar Laboratories, Inc. et al
Plaintiff: Ann Greenberg
Defendant: Kolmar Laboratories, Inc., Johnson & Johnson and Johnson & Johnson Consumer Inc.
Case Number: 1:2021cv07222
Filed: August 27, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: John P Cronan
Referring Judge: Barbara C Moses
Nature of Suit: P.I. : Asbestos
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2021 Opinion or Order Filing 22 SUGGESTION OF BANKRUPTCY upon the record / Notice of Bankruptcy Filing and Stay of Proceedings. Document filed by Johnson & Johnson.(Kurland, Thomas)
October 5, 2021 Opinion or Order Filing 21 LETTER MOTION for Leave to File a sur-reply in opposition addressed to Judge John P. Cronan from Thomas P. Kurland dated October 5, 2021. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Inc...(Kurland, Thomas)
October 5, 2021 Opinion or Order Filing 20 REPLY MEMORANDUM OF LAW in Support re: #10 FIRST MOTION to Remand . . Document filed by Ann Greenberg..(Binder, Keith)
October 5, 2021 Opinion or Order Filing 19 REPLY AFFIRMATION of Keith W. Binder in Support re: #10 FIRST MOTION to Remand .. Document filed by Ann Greenberg. (Attachments: #1 Exhibit Exhibit 1 - 9-29 depo transcript rough, #2 Exhibit Exhibit 2 - CTFA 12.1973 Memo and Membership List, #3 Exhibit Exhibit 3 - Webber Dep, #4 Exhibit Exhibit 4 - 9.5.73 FDA to CTFA2, #5 Exhibit Exhibit 5 - Hopkins 4.18 Dep, #6 Exhibit Exhibit 6 - J&J Memo - 10-15-74 - JNJAZ55_00004630, #7 Exhibit Exhibit 7 - Hopkins Depo - 8.15.17, #8 Exhibit Exhibit 8 - CA 216 - J&J Memo - 12-17-72, #9 Exhibit Exhibit 9 - Hubbard Deposition 3.2.16, #10 Exhibit Exhibit 10- CTFA J4-1 Method 10.7.76).(Binder, Keith)
September 30, 2021 Opinion or Order Filing 18 DECLARATION of Keith W. Binder in Support re: #10 FIRST MOTION to Remand .. Document filed by Ann Greenberg. (Attachments: #1 Exhibit Ex. 1 - Original Complaint v Kolmar, #2 Exhibit Ex. 2 - Affidavit of Service for Kolmar, #3 Exhibit Ex. 3 - Amended Complaint, #4 Exhibit Ex. 4 - Levy Konigsberg LLPs Standard Asbestos Complaint, #5 Exhibit Ex. 5 - SDNY Notice of Removal, #6 Exhibit Ex. 6 - 1965 dust bowl market quantity testing, #7 Exhibit Ex. 7 - 1966 market test quantity, #8 Exhibit Ex. 8 - 1966 25M units, #9 Exhibit Ex. 9 - 1973 trailer trucks, #10 Exhibit Ex. 10 - 1973 Kolmar, #11 Exhibit Ex. 11 - 1974 finished JBP, #12 Exhibit Ex. 12 - JNJ 000250956, #13 Exhibit Ex. 13 - Kausmeyer Dep).(Binder, Keith)
September 29, 2021 Opinion or Order Filing 17 LETTER addressed to Judge John P. Cronan from Thomas P. Kurland dated September 29, 2021 re: requesting oral argument on Plaintiff's remand motion pursuant to Individual Rule 6.C. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Inc...(Kurland, Thomas)
September 28, 2021 Opinion or Order Filing 16 DECLARATION of Thomas P. Kurland in Opposition re: #10 FIRST MOTION to Remand .. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Inc.. (Attachments: #1 Exhibit A - Plaintiffs Response to Defendants' Fourth Amended Standard Set of Interrogatories and Request for Production of Documents, #2 Exhibit B - 7/8/1980 Letter, #3 Exhibit C - Baby Powder Formula 499 Process Specification Sheet, #4 Exhibit D - 11/16/20 Robert Edmonds Deposition Transcript Excerpts, #5 Exhibit E - 10/6/20 Brenda Leek Deposition Transcript Excerpts, #6 Exhibit F - 10/21/20 Edward Kausmeyer Deposition Transcript Excerpts, #7 Exhibit G - 8/14/20 James Mittenthal Deposition Transcript Excerpts, #8 Exhibit H - 1/23/20 Ronald Yakupcin Deposition Transcript Excerpts, #9 Exhibit I - Baby Powder Process Specification Sheet, #10 Exhibit J - CTFA Talc Subcommittee Report, #11 Exhibit K - 7/7/20 Pamela Locatell Deposition Transcript Excerpts, #12 Exhibit L - 11/15/1972 Memo, #13 Exhibit M - Consolidated Income Statement, #14 Exhibit N - 11/2/1981 Memo, #15 Exhibit O - 10/14/1982 Memo).(Kurland, Thomas)
September 28, 2021 Opinion or Order Filing 15 MEMORANDUM OF LAW in Opposition re: #10 FIRST MOTION to Remand . . Document filed by Johnson & Johnson, Johnson & Johnson Consumer Inc...(Kurland, Thomas)
September 20, 2021 Opinion or Order Filing 14 MEMO ENDORSEMENT: on re: #13 Letter filed by Ann Greenberg. ENDORSEMENT: The parties are reminded that the October 5 Initial Case Management Conference is scheduled to take place before me, and plaintiff's request is therefore within the scope of my reference. (See Dkt. No. 9.) Plaintiff's request is GRANTED. The Initial Case Management Conference currently scheduled on October 5, 2021, is ADJOURNED sine die, pending Judge Cronan's decision on plaintiff's motion for remand. If Judge Cronan denies plaintiff's motion, the parties are directed to contact chambers within two weeks of his decision to reschedule the conference. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 9/20/2021) (ama)
September 16, 2021 Opinion or Order Filing 13 FIRST LETTER addressed to Judge John P. Cronan from Keith W. Binder dated 09/16/2021 re: Adjournment of Preliminary Conference. Document filed by Ann Greenberg..(Binder, Keith)
September 14, 2021 Opinion or Order Filing 12 FIRST MEMORANDUM OF LAW in Support re: #10 FIRST MOTION to Remand . . Document filed by Ann Greenberg..(Binder, Keith)
September 14, 2021 Opinion or Order Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #18) - DECLARATION of Keith W. Binder in Support re: #10 FIRST MOTION to Remand .. Document filed by Ann Greenberg. (Attachments: #1 Exhibit Ex. 1 - Original Complaint v Kolmar, #2 Exhibit Ex. 2 - Affidavit of Service for Kolmar, #3 Exhibit Ex. 3 - Amended Complaint, #4 Exhibit Ex. 4 - Levy Konigsberg LLPs Standard Asbestos Complaint, #5 Exhibit Ex. 5 - SDNY Notice of Removal, #6 Exhibit Ex. 6 - 1965 dust bowl market quantity testing, #7 Exhibit Ex. 7 - 1966 market test quantity, #8 Exhibit Ex. 8 - 1966 25M units, #9 Exhibit Ex. 9 - 1973 trailer trucks, #10 Exhibit Ex. 10 - 1973 Kolmar, #11 Exhibit Ex. 11 - 1974 finished JBP, #12 Exhibit Ex. 12 - JNJ 000250956, #13 Exhibit Ex. 13 - Kausmeyer Dep).(Binder, Keith) Modified on 9/30/2021 (ldi).
September 14, 2021 Opinion or Order Filing 10 FIRST MOTION to Remand . Document filed by Ann Greenberg..(Binder, Keith)
September 7, 2021 Opinion or Order Filing 9 ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: It appearing to the Court that no initial case management conference has yet taken place in this action, it is hereby ORDERED that an initial conference in accordance with Fed. R. Civ. P.16 will be held on October 5, 2021, at 11:00 a.m., via teleconference. At that time, the parties should dial (888) 557-8511 and enter the access code: 7746387. At the conference, the parties must be prepared to discuss the subjects set forth in Fed. R. Civ. P. 16(b) and (c). (As further set forth in this Order.) Initial Conference set for 10/5/2021 at 11:00 AM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 9/7/2021) (cf)
September 3, 2021 Opinion or Order Filing 8 ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. (Signed by Judge John P. Cronan on 9/3/2021) (jca)
September 3, 2021 Opinion or Order NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Barbara Moses. Please note that this is a reassignment of the designation only. (vba)
September 1, 2021 Opinion or Order Filing 7 NOTICE OF APPEARANCE by Keith Binder on behalf of Ann Greenberg..(Binder, Keith)
August 30, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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)
August 30, 2021 Opinion or Order 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
August 30, 2021 Opinion or Order Case Designated ECF. (vf)
August 27, 2021 Opinion or Order Filing 6 AFFIDAVIT OF SERVICE of Notice of Removal and supporting documents served on Attorneys for Plaintiff and defendant Kolmar on August 27, 2021. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Inc...(Kurland, Thomas)
August 27, 2021 Opinion or Order Filing 5 ANSWER to Complaint (Notice of Removal) with JURY DEMAND. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Inc...(Kurland, Thomas)
August 27, 2021 Opinion or Order 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)
August 27, 2021 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Johnson & Johnson..(Kurland, Thomas)
August 27, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Kurland, Thomas)
August 27, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 190148/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24990575).Document filed by Johnson & Johnson Consumer Inc., Johnson & Johnson. (Attachments: #1 Exhibit A, State Court Docket, #2 Exhibit B, Levy Standard Complaint, #3 Exhibit C, Interrogatory Responses, #4 Exhibit D, Kausmeyer Deposition Excerpts, #5 Exhibit E, Edmonds Deposition Excerpts, #6 Exhibit F, Leek Deposition Excerpts).(Kurland, Thomas)

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Plaintiff: Ann Greenberg
Represented By: Keith Binder
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Defendant: Kolmar Laboratories, Inc.
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Defendant: Johnson & Johnson
Represented By: Thomas Philip Kurland
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Defendant: Johnson & Johnson Consumer Inc.
Represented By: Thomas Philip Kurland
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