Byrne v. Juul Labs, Inc. et al
| Denis Byrne, Sr. |
| Juul Labs, Inc. formerly doing business as PAX Labs, Inc. formerly doing business as Ploom, Inc., Altria Group, Inc., Philip Morris USA Inc., Altria Client Services LLC, Altria Group Distribution Company, Altria Enterprises LLC, Mother Murphy's Laboratories, Inc., Alternative Ingredients, Inc., Tobacco Technology, Inc., Eliquitech, Inc., McLane Company, Inc., Eby-Brown Company, LLC, Core-Mark Holding Company, Inc., Bella Deli Market Corp. doing business as Bella Deli Market and Tag Deli Grocery Store Corp. doing business as Tag Smoke Shop |
| 1:2021cv09110 |
| November 3, 2021 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 29, 2021. A more recent docket listing may be available from PACER.
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Filing 18
ORDER terminating #7 Letter Motion for Extension of Time; terminating #7 Letter Motion for Leave to File Document. The Court therefore stays this case until 14 days after the JPML issues its final decision on whether to transfer the case. The conference scheduled for December 20, 2021, at 12:00 p.m. is adjourned sine die. The Clerk of the Court is respectfully directed to close the motion pending at Docket Number 7. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 11/29/2021) (jca)
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time to File Response/Reply re #16 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #9 FIRST MOTION to Remand to State Court . (Unopposed Motion) addressed to Judge John P. Cronan from Timothy J. McGinn dated November 23, 2021. This request is granted. Defendants' deadline to respond to plaintiff's remand motion shall be filed by December 6, 2021. SO ORDERED. Responses due by 12/6/2021 (Signed by Judge John P. Cronan on 11/24/2021) (jca)
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| Filing 16 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #9 FIRST MOTION to Remand to State Court . (Unopposed Motion) addressed to Judge John P. Cronan from Timothy J. McGinn dated November 23, 2021. Document filed by Juul Labs, Inc...(McGinn, Timothy) |
| Filing 15 FIRST LETTER addressed to Judge John P. Cronan from Thomas P. Valet dated November 19, 2021 re: Plaintiff's objection to a stay. Document filed by Denis Byrne, Sr..(Valet, Thomas) |
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Filing 14
ORDER: On November 9, 2021, the Court ordered Plaintiff to file a letter by November 18, 2021, addressing (1) whether he consents to Defendants' request that the Court stay this action pending the Judicial Panel on Multidistrict Litigations final transfer decision; and (2) if Plaintiff does not consent to a stay, why the Court should not stay the case in light of In re Ivy, 901 F.2d 7 (2d Cir. 1990) and its progeny. See Dkt. 8. Plaintiff did not comply with that order. By November 22, 2021, Plaintiff shall file a letter as outlined in the November 9 order. The conference scheduled for November 22, 2021, at 12:00 p.m. is adjourned until December 20, 2021, at 12:00 p.m. SO ORDERED. (Telephone Conference set for 12/20/2021 at 12:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 11/19/2021) (jca)
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| Filing 13 AMENDED MEMORANDUM OF LAW in Support re: #9 FIRST MOTION to Remand to State Court . . Document filed by Denis Byrne, Sr. (Attachments: #1 Exhibit S&C).(Valet, Thomas) |
| Filing 12 AFFIDAVIT OF SERVICE of Memorandum of Law in Support of Motion served on Gunster, Yoakley & Stewart, PA, Arnold & Porter Kaye Kcholer LLP, Tyson & Mendes, LLP, Foley & Lardner LLP, Wheeler Trigg O'Donnell, LLP, Esbrook Law, PC, Bella Deli Market Corp., Tag Deli Grocery Store Corp on November 12, 2021. Service was made by Mail. Document filed by Denis Byrne, Sr..(Valet, Thomas) |
| Filing 11 AFFIDAVIT OF SERVICE of Notice of Motion served on Gunster, Yoakley & Stewart, PA, Arnold & Porter Kaye Kcholer LLP, Tyson & Mendes, LLP, Foley & Lardner LLP, Wheeler Trigg O'Donnell, LLP, Esbrook Law, PC, Bella Deli Market Corp., Tag Deli Grocery Store Corp. on November 12, 2021. Service was made by Mail. Document filed by Denis Byrne, Sr..(Valet, Thomas) |
| Filing 10 FIRST MEMORANDUM OF LAW in Support re: #9 FIRST MOTION to Remand to State Court . . Document filed by Denis Byrne, Sr..(Valet, Thomas) |
| Filing 9 FIRST MOTION to Remand to State Court . Document filed by Denis Byrne, Sr..(Valet, Thomas) |
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Filing 8
ORDER with respect to #7 Letter Motion for Extension of Time; with respect to #7 Letter Motion for Leave to File Document. By November 18, 2021, Plaintiff shall file a letter addressing whether he consents to Defendants' requests outlined in this letter. If Plaintiff does not consent, the letter must address why the Court should not stay the case in light of In re Ivy, 901 F.2d 7 (2d Cir. 1990) and its progeny. SO ORDERED. (Signed by Judge John P. Cronan on 11/9/2021) (jca)
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| Set/Reset Deadlines: Responses due by 11/18/2021 (jca) |
| Filing 7 LETTER MOTION for Extension of Time for All Defendants to Respond to Complaint addressed to Judge John P. Cronan from Timothy J. McGinn dated November 8, 2021., LETTER MOTION for Leave to File Motion To Stay All Proceedings Pending Issuance of Final Transfer Order by Judicial Panel on Multidistrict Litigation addressed to Judge John P. Cronan from Timothy J. McGinn dated November 8, 2021. Document filed by Juul Labs, Inc.. (Attachments: #1 Exhibit A (Conditional Transfer Order (CTO-76))).(McGinn, Timothy) |
| Filing 6 DEMAND for Trial by Jury. Document filed by Denis Byrne, Sr.(Valet, Thomas) |
| Filing 5 FIRST LETTER addressed to Judge John P. Cronan from Thomas P. Valet dated November 8, 2021 re: Permission to file a motion to remand. Document filed by Denis Byrne, Sr..(Valet, Thomas) |
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Filing 4
ORDER: This case has been assigned to the undersigned for all purposes. The Court has reviewed the Notice of Removal in this case, which was filed on November 3, 2021. See Dkt. 1. The parties shall appear for a teleconference on November 22, 2021, at 12:00 p.m. The parties should be prepared to address whether this Court has subject matter jurisdiction over the case. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. By November 10, 2021, Defendants must serve a copy of this Order on Plaintiff. SO ORDERED. (Telephone Conference set for 11/22/2021 at 12:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 11/5/2021) (jca)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Timothy John McGinn. The following case opening statistical information was erroneously selected/entered: Jury Demand code p (Plaintiff); County code Bronx;. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to d (Defendant); the County code has been modified to XX Out of State;. (jgo) |
| Magistrate Judge Gabriel W. Gorenstein 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) |
| 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..(jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Altria Group, Inc. for Juul Labs, Inc.. Document filed by Juul Labs, Inc...(McGinn, Timothy) |
| Filing 2 CIVIL COVER SHEET filed..(McGinn, Timothy) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 813126/2021E. (Filing Fee $ 402.00, Receipt Number ANYSDC-25286849).Document filed by Juul Labs, Inc.. (Attachments: #1 Exhibit A (State Court Summons and Complaint)).(McGinn, Timothy) |
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