Janssen et al v. CVS Health Corporation
| Aunesty Janssen and C. R. |
| CVS Health Corporation and Walgreens Boots Alliance, Inc. |
| Amy M Gernon |
| 1:2022cv08809 |
| October 16, 2022 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1346 t Tort Claim |
| Plaintiff |
Docket Report
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| Filing 29 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/2/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly) |
| Filing 28 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/2/2022 before Judge Denise L. Cote. Court Reporter/Transcriber: Paula Horovitz, (212) 805-0348. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2023. Redacted Transcript Deadline set for 1/13/2023. Release of Transcript Restriction set for 3/13/2023.Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly) |
| Filing 27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/17/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly) |
| Filing 26 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/17/2022 before Judge Denise L. Cote. Court Reporter/Transcriber: Sara Beiter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/30/2022. Redacted Transcript Deadline set for 1/9/2023. Release of Transcript Restriction set for 3/9/2023.Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly) |
| Filing 25 AFFIDAVIT of Amy M. Gernon re: (248 in 1:22-md-03043-DLC) Order,,,,, 28 U.S.C. 455 disclosure. Document filed by Amy M Gernon. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Gernon, Amy) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Status Conference held on 12/2/2022. (Court Reporter Paula Horovitz) Associated Cases: 1:22-md-03043-DLC et al.(jwh) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (19 in 1:22-cv-09034-DLC, 31 in 1:22-cv-08930-DLC, 44 in 1:22-cv-08814-DLC, 38 in 1:22-cv-09043-DLC, 191 in 1:22-md-03043-DLC, 31 in 1:22-cv-09057-DLC, 39 in 1:22-cv-09042-DLC, 36 in 1:22-cv-09059-DLC, 33 in 1:22-cv-09038-DLC, 42 in 1:22-cv-09031-DLC, 25 in 1:22-cv-09022-DLC, 38 in 1:22-cv-08830-DLC, 38 in 1:22-cv-08816-DLC, 43 in 1:22-cv-09060-DLC, 60 in 1:22-cv-09011-DLC, 28 in 1:22-cv-08782-DLC, 61 in 1:22-cv-09012-DLC, 31 in 1:22-cv-08808-DLC, 43 in 1:22-cv-09055-DLC, 23 in 1:22-cv-09048-DLC, 38 in 1:22-cv-09047-DLC, 26 in 1:22-cv-08810-DLC, 36 in 1:22-cv-09050-DLC, 32 in 1:22-cv-09081-DLC, 24 in 1:22-cv-09046-DLC, 29 in 1:22-cv-08811-DLC, 28 in 1:22-cv-09032-DLC, 33 in 1:22-cv-09069-DLC, 37 in 1:22-cv-09083-DLC, 39 in 1:22-cv-08931-DLC, 41 in 1:22-cv-09049-DLC) MOTION for Austin Evans to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-26976882. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:22-md-03043-DLC et al.(aea) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 11/17/2022. (Court Reporter Sara Beiter) Associated Cases: 1:22-md-03043-DLC et al.(jwh) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (56 in 1:22-md-03043-DLC, 32 in 1:22-cv-09031-DLC) MOTION for W. Mark Lanier to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas (not the State bar). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Filed In Associated Cases: 1:22-md-03043-DLC et al.(aea) |
Filing 24
ORDER granting (19) Motion for Livia M. Kiser to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) Filed In Associated Cases: 1:22-md-03043-DLC et al. (jwh)
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Filing 23
ORDER granting (30) Motion for Livia M. Kiser to Appear Pro Hac Vice in case 1:22-md-03043-DLC (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) Filed In Associated Cases: 1:22-md-03043-DLC et al. (jwh)
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Filing 22
ORDER: It is hereby Ordered that: I. MULTIDISTRICT LITIGATION ACTION - 1.The cases transferred to this Court by the Panel as Member Cases of this multidistrict litigation action ("MDL"), and any related cases that are filed in the Southern District of New York, shall be referred to collectively as In re: Acetaminophen ASD-ADHD Products Liability Litigation, Docket No. 22md3043 (DLC). These actions and any future actions so transferred and filed are hereby consolidated for all pretrial purposes without the need for future motions or orders. 2. No action taken hereunder shall have the effect of making any person, firm, or corporation a party to any action in which the person or entity has not been named, served, or added as such in accordance with the Federal Rules of Civil Procedure. II. MDL DOCKET AND MEMBER CASE DOCKETS- 3. An MDL docket is hereby established for the MDL proceedings. The MDL docket shall be Civil Action No. 22md3043 (DLC). This Order shall be docketed by the Clerk in the MDL Docket herein established. The Clerk shall maintain a separate docket for each of the Member Cases and filings shall be docketed therein in accordance with the regular procedures of the Clerk of this Court except as modified by Sections III and V of this Order. III. NEWLY FILED OR TRANSFERRED ACTIONS- 4. When an action that relates to the same subject matter as the MDL is hereafter filed in or transferred to this Court and assigned to the undersigned, it shall be a Member Case in the MDL, and the Clerk of Court shall docket a copy of this Order in the separate docket for such action and make an appropriate entry in the MDL Docket. 5. The Court requests the assistance of counsel in calling to the attention of the Clerk the filing or transfer of any case which might properly be included in the MDL. IV.CAPTIONS 6. Every pleading filed in the MDL, and in any Member Case included therein, shall bear the following caption, as further set forth herein. 7. When a pleading is intended to be applicable to all actions in the MDL, the caption shall state: "This Document Relates To: All Actions." When a pleading is not intended to apply to all such actions, the docket number for each Member Case to which it is intended to apply shall appear immediately after the words "This Document Relates To:" in the caption. V.FILING- 8. When a party files a document on ECF and the caption shows that is application to All Actions, the party shall file it in the MDL Docket. No other filing need be made. 9. When a party files a document on ECF and the caption shows that it is not applicable to All Actions, the party shall file it in the MDL Docket and in each Member Case docket to which it applies. 10. Unless otherwise orders, all documents shall be filed electronically via the Court's CM/ECF system, as further set forth herein. 11. All counsel shall register promptly for this Court's CM/ECF filing system. VI. SCHEDULE AND PRETRIAL CONFERENCE- 12. With the exception of Roberts v. Wal-Mart Stores Inc., No. 5:22cv5109 (W.D. Ark.) and Hatfield v. Wal-Mart Stores, Inc., No. 5:22cv5109 (W.D. Ark.), the deadlines for any defendant in any Member Case to file a responsive pleading to the complaint with which they were served pursuant to Rule 12, Fed. R. Civ. P., are hereby stayed. 13. A pretrial conference shall be held on November 17, 2022 at 2:30 P.M. at the United States Courthouse, 500 Pearl Street, New York, New York 10007, as further set forth herein. 14. All counsel who intend to appear at the November 17 conference shall file a letter notifying this Court of their intention by November 10, 2022. 15. All counsel appearing at the November 17 conference shall file a proposed case management plan on the MDL Docket by November 10, 2022. Counsel for the plaintiffs and the defendants are encouraged to coordinate amongst themselves and collectively submit proposed case management plans on behalf of all plaintiffs and all defendants, respectively. VII. THIS COURTS INDIVIDUAL PRACTICES- 16. Counsel shall consult this Court's Individual Practices in Civil Cases for instructions on how to proceed before this Court. 17. Pursuant to this Court's Individual Practices, communications with Chambers should be by letter, which shall not exceed two pages in length, filed electronically on ECF. Such letters shall be filed pursuant to Section V of this Order. 18. Pursuant to this Court's Individual Practices, at the time and reply is served on a motion, the moving party shall supply two courtesy copies of all motion papers, including those of their adversaries, to Chambers by mail or delivery to the United States Courthouse, 500 Pearl Street, New York, New York 10007. ( Initial Conference set for 11/17/2022 at 02:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 10/18/2022) (laq)
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| Filing 21 JOINT LETTER MOTION for Extension of Time for Defendants to File Responsive Pleadings addressed to Judge Denise L. Cote from Nadine S. Kohane dated October 17, 2022. Document filed by CVS Health Corporation, Walgreens Boots Alliance, Inc...(Kohane, Nadine) |
| Filing 20 NOTICE OF APPEARANCE by Nadine Shari Kohane on behalf of CVS Health Corporation, Walgreens Boots Alliance, Inc...(Kohane, Nadine) |
| Filing 19 CASE TRANSFERRED IN from the United States District Court - District of Missouri Western; Case Number: 4:22-cv-00366. Original file certified copy of transfer order and docket entries received. |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (laq) |
| CONSOLIDATED MDL CASE: Create association to 1:22-md-03043-DLC.. (laq) |
| Case Designated ECF. (laq) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-md-03043-DLC. (laq) |
| Magistrate Judge Katharine H. Parker 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. (laq) |
| Filing 18 MDL CONDITIONAL TRANSFER ORDER, from Karen K Caldwell, Chair of Panel, transferring case to Southern District of New York to be included in MDL No. 3043. Signed on 10/05/2022. Case electronically transferred. (Kern, Kendra) [Transferred from Missouri Western on 10/16/2022.] |
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Filing 17
ORDER granting #16 motion to withdraw as attorney. Attorney Kevin J. Adrian terminated. Signed on July 22, 2022, by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Law clerk) [Transferred from Missouri Western on 10/16/2022.]
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| Filing 16 MOTION to withdraw as attorney filed by Kevin J. Adrian on behalf of Walgreens Boots Alliance, Inc.. Suggestions in opposition/response due by 8/2/2022 unless otherwise directed by the court. (Adrian, Kevin) [Transferred from Missouri Western on 10/16/2022.] |
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Filing 15
ORDER finding as moot #10 Motion for Extension of Time to Answer; granting #12 motion to stay pending the MDL panel's ruling. Signed on July 14, 2022, by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Law clerk) [Transferred from Missouri Western on 10/16/2022.]
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| Filing 14 DISCLOSURE OF CORPORATE INTERESTS filed by Catherine Paige Lohse on behalf of Defendant Walgreens Boots Alliance, Inc..(Lohse, Catherine) [Transferred from Missouri Western on 10/16/2022.] |
| Filing 13 DISCLOSURE OF CORPORATE INTERESTS filed by Catherine Paige Lohse on behalf of Defendant CVS Health Corporation.(Lohse, Catherine) [Transferred from Missouri Western on 10/16/2022.] |
| Filing 12 Joint MOTION to stay Proceedings Pending JPML's Ruling on Transfer filed by Catherine Paige Lohse on behalf of CVS Health Corporation, Walgreens Boots Alliance, Inc.. Suggestions in opposition/response due by 7/28/2022 unless otherwise directed by the court. (Lohse, Catherine) [Transferred from Missouri Western on 10/16/2022.] |
| Filing 11 NOTICE of appearance by Catherine Paige Lohse on behalf of CVS Health Corporation, Walgreens Boots Alliance, Inc. (Attorney Catherine Paige Lohse added to party CVS Health Corporation(pty:dft), Attorney Catherine Paige Lohse added to party Walgreens Boots Alliance, Inc.(pty:dft))(Lohse, Catherine) [Transferred from Missouri Western on 10/16/2022.] |
| Filing 10 Consent MOTION for extension of time to file answer re #1 Complaint, filed by Kevin J. Adrian on behalf of Walgreens Boots Alliance, Inc.. Suggestions in opposition/response due by 7/12/2022 unless otherwise directed by the court. (Related document(s) #1 ) (Adrian, Kevin) [Transferred from Missouri Western on 10/16/2022.] |
| Filing 9 NOTICE of appearance by Kevin J. Adrian on behalf of Walgreens Boots Alliance, Inc. (Attorney Kevin J. Adrian added to party Walgreens Boots Alliance, Inc.(pty:dft))(Adrian, Kevin) [Transferred from Missouri Western on 10/16/2022.] |
| Filing 8 RETURN OF SERVICE of complaint executed by All Plaintiffs. CVS Health Corporation served on 6/7/2022, answer due 6/28/2022. (Kinsman, Robert) [Transferred from Missouri Western on 10/16/2022.] |
| Filing 7 RETURN OF SERVICE of complaint executed by All Plaintiffs. Walgreens Boots Alliance, Inc. served on 6/7/2022, answer due 6/28/2022. (Kinsman, Robert) [Transferred from Missouri Western on 10/16/2022.] |
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Filing 6
ORDER granting #4 and #5 motion to appear pro hac vice entered by Clerk of Court. Attorney Davis Cooper and Charles J. Cooper for Aunesty Janssen and C.R. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal) [Transferred from Missouri Western on 10/16/2022.]
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| Filing 5 Motion to allow Charles Cooper to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7961091) filed by Robert L Kinsman on behalf of All Plaintiffs. (Attachments: #1 Exhibit Bar Admissions)(Kinsman, Robert) [Transferred from Missouri Western on 10/16/2022.] |
| Filing 4 Motion to allow Davis Cooper to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7961087) filed by Robert L Kinsman on behalf of All Plaintiffs. (Attachments: #1 Exhibit Bar Admissions)(Kinsman, Robert) [Transferred from Missouri Western on 10/16/2022.] |
| SUMMONS ISSUED as to CVS Health Corporation, Walgreens Boots Alliance, Inc.. (Woods, Gloria) [Transferred from Missouri Western on 10/16/2022.] |
| Filing 3 NOTICE of filing of Related Actions by Aunesty Janssen, C. R. (Kinsman, Robert) [Transferred from Missouri Western on 10/16/2022.] |
| Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) [Transferred from Missouri Western on 10/16/2022.] |
| Filing 1 COMPLAINT against All Defendants filed by Robert L Kinsman on behalf of All Plaintiffs. Filing fee $402, receipt number AMOWDC-7957530. Service due by 8/30/2022 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Kinsman, Robert) (Attachment 1 replaced on 6/2/2022 due to formatting error) (Woods, Gloria). (Main Document 1 replaced on 6/2/2022 - revised copy omitting minor's name) (Woods, Gloria). [Transferred from Missouri Western on 10/16/2022.] |
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