Chapman v. Walmart Inc.
| Cherise Chapman and D.C. |
| WALMART INC. and Johnson & Johnson Consumer, Inc. |
| Amy M Gernon |
| 1:2022cv08830 |
| October 19, 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. § 1391 Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on February 21, 2024. A more recent docket listing may be available from PACER.
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Filing 66
OPINION AND ORDER re: (425 in case 1:22-md-03043-DLC) MOTION to Dismiss filed by Johnson & Johnson Consumer Inc. JJCI's February 10, 2023 motion to dismiss the Chapman action on the ground of preemption is denied. (Signed by Judge Denise L. Cote on 4/20/2023) (vfr)
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Filing 65
NOTICE of WITHDRAWAL OF APPEARANCE. Document filed by L.N.K. International, Inc.. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Frenchman, Kenneth)
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Filing 64
NOTICE OF APPEARANCE by Jennifer Taylor Stewart on behalf of WALMART INC., Walmart, Incorporated, Walmart, Inc., Wal-Mart Stores Inc., Wal-Mart Inc., Walmart Inc., Walmart Inc., Walmart, Inc., Walmart Inc., Walmart Inc., Walmart Inc.. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Stewart, Jennifer)
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Filing 63
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/8/2023 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)
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Filing 62
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/8/2023 before Judge Denise L. Cote. Court Reporter/Transcriber: Sharonda Jones, (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 4/7/2023. Redacted Transcript Deadline set for 4/17/2023. Release of Transcript Restriction set for 6/15/2023.Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly)
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Filing 61
NOTICE OF APPEARANCE by Sarah Johnston on behalf of Johnson & Johnson Consumer, Inc., Johnson & Johnson Consumer Inc.. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Johnston, Sarah)
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Filing 60
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/1/2023 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)
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Filing 59
TRANSCRIPT of Proceedings re: CONFERENCE held on 2/1/2023 before Judge Denise L. Cote. Court Reporter/Transcriber: Alena Lynch, (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 3/7/2023. Redacted Transcript Deadline set for 3/17/2023. Release of Transcript Restriction set for 5/15/2023.Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly)
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Filing 58
MEMO ENDORSED ORDER granting #23 Motion to Appoint Guardian ad Litem. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 2/8/2023) (vfr)
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Filing 57
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/27/2023 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)
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Filing 56
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/27/2023 before Judge Denise L. Cote. Court Reporter/Transcriber: George Malinowski, (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 2/28/2023. Redacted Transcript Deadline set for 3/10/2023. Release of Transcript Restriction set for 5/8/2023.Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly)
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Filing 55
AMENDED COMPLAINT amending #48 Amended Complaint, against Johnson & Johnson Consumer, Inc., WALMART INC. with JURY DEMAND.Document filed by Cherise Chapman, Cherise Chapman(as Guardian ad Litem), D.C.. Related document: #48 Amended Complaint,..(Watts, Mikal)
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Filing 54
ELECTRONIC SUMMONS ISSUED as to Johnson & Johnson Consumer, Inc...(sj)
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Filing 53
REQUEST FOR ISSUANCE OF SUMMONS as to Johnson & Johnson Consumer, Inc., re: #48 Amended Complaint,. Document filed by Cherise Chapman, Cherise Chapman(as Guardian ad Litem), D.C...(Watts, Mikal)
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Filing 52
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/13/2023 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)
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Filing 51
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/13/2023 before Judge Denise L. Cote. Court Reporter/Transcriber: Rebecca Forman, (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 2/13/2023. Redacted Transcript Deadline set for 2/23/2023. Release of Transcript Restriction set for 4/24/2023.Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly)
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Filing 50
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/6/2023 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)
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Filing 49
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/6/2023 before Judge Denise L. Cote. Court Reporter/Transcriber: Sadie Herbert, (212) 805-0310. 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 2/13/2023. Redacted Transcript Deadline set for 2/23/2023. Release of Transcript Restriction set for 4/24/2023.Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly)
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Filing 48
FIRST AMENDED COMPLAINT amending #1 Complaint,, against WALMART INC., Johnson & Johnson Consumer, Inc. with JURY DEMAND.Document filed by Cherise Chapman, Cherise Chapman(as Guardian ad Litem), D.C.. Related document: #1 Complaint,,..(Watts, Mikal)
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Filing 47
MEMO ENDORSEMENT granting (349) Motion to Withdraw as Attorney. Attorney Peter C Wetherall terminated in case 1:22-md-03043-DLC; granting (41) Motion to Withdraw as Attorney. Attorney Peter C Wetherall terminated in case 1:22-cv-08785-DLC; granting (46) Motion to Withdraw as Attorney. Attorney Peter C Wetherall terminated in case 1:22-cv-08830-DLC; granting (40) Motion to Withdraw as Attorney. Attorney Peter C Wetherall terminated in case 1:22-cv-09081-DLC; granting (21) Motion to Withdraw as Attorney. Attorney Peter C Wetherall terminated in case 1:22-cv-10039-DLC. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 1/18/2023) Filed In Associated Cases: 1:22-md-03043-DLC, 1:22-cv-08785-DLC, 1:22-cv-08830-DLC, 1:22-cv-09081-DLC, 1:22-cv-10039-DLC (vfr)
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Filing 46
MOTION for Peter C. Wetherall to Withdraw as Attorney . Document filed by Cherise Chapman, Cherise Chapman(as Guardian ad Litem), Franchelle Magana, Natalie Mendez, Tiffany Hatcher, N.H., Cherise Chapman(as Guardian ad Litem on behalf of D.C.), N. H., Tiffany Hatcher, Franchelle Magana. (Attachments: #1 Exhibit Declaration of Peter C. Wetherall, #2 Text of Proposed Order Granting Withdrawal of Counsel)Filed In Associated Cases: 1:22-md-03043-DLC, 1:22-cv-08785-DLC, 1:22-cv-08830-DLC, 1:22-cv-09081-DLC, 1:22-cv-10039-DLC.(Watts, Mikal)
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Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 1/13/2023. (Court Reporter Rebecca Forman) Associated Cases: 1:22-md-03043-DLC et al.(jwh)
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Filing 45
NOTICE OF APPEARANCE by Kenneth Harold Frenchman on behalf of L.N.K. International, Inc.. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Frenchman, Kenneth)
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Filing 44
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)
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Filing 43
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)
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Filing 42
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)
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Filing 41
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)
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Filing 40
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)
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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)
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Filing 39
ORDER granting Motion for Austin Evans 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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>>>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)
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Filing 38
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. Document filed by WALMART INC., Walmart, Incorporated, Wal-Mart Stores Inc., Wal-Mart Stores, Incorporated, Walmart Inc.. (Attachments: #1 Affidavit of Austin Evans, #2 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:22-md-03043-DLC et al..(Evans, Austin)
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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)
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Filing 37
NOTICE OF APPEARANCE by Ethan Price Davis on behalf of WALMART INC., Walmart, Incorporated, Wal-Mart Stores Inc., Wal-Mart Stores, Incorporated, Walmart Inc.. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Davis, Ethan)
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Filing 36
NOTICE OF APPEARANCE by Kristen Renee Fournier on behalf of WALMART INC., Walmart, Incorporated, Wal-Mart Stores Inc., Wal-Mart Stores, Incorporated, Walmart Inc.. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Fournier, Kristen)
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Filing 35
NOTICE OF APPEARANCE by Donald Frederick Zimmer, Jr on behalf of Walmart, Incorporated, WALMART INC., Wal-Mart Stores Inc., Wal-Mart Stores, Incorporated, Wal-Mart Inc., Wal-Mart Stores Inc., Walmart Inc.. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Zimmer, Donald)
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Filing 34
ORDER granting Motion for Donald F. Zimmer, Jr. 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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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (34 in 1:22-cv-08931-DLC, 33 in 1:22-cv-09047-DLC, 27 in 1:22-cv-09081-DLC, 70 in 1:22-md-03043-DLC, 44 in 1:22-cv-09011-DLC, 33 in 1:22-cv-08830-DLC, 26 in 1:22-cv-08808-DLC, 23 in 1:22-cv-09032-DLC, 34 in 1:22-cv-09042-DLC, 26 in 1:22-cv-08930-DLC, 23 in 1:22-cv-08782-DLC, 32 in 1:22-cv-09083-DLC, 24 in 1:22-cv-08811-DLC, 21 in 1:22-cv-08810-DLC, 45 in 1:22-cv-09012-DLC, 33 in 1:22-cv-09043-DLC, 18 in 1:22-cv-09048-DLC, 20 in 1:22-cv-09022-DLC, 35 in 1:22-cv-09031-DLC, 19 in 1:22-cv-09046-DLC) MOTION for Donald F. Zimmer, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-26931222. 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.(sgz)
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Filing 33
MOTION for Donald F. Zimmer, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-26931222. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by WALMART INC., Walmart, Incorporated, Wal-Mart Stores Inc., Wal-Mart Stores, Incorporated. (Attachments: #1 Affidavit of Donald F. Zimmer, Jr., #2 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:22-md-03043-DLC et al..(Zimmer, Donald)
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>>>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)
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Filing 32
NOTICE OF APPEARANCE by Livia M. Kiser on behalf of WALMART INC., Walmart, Incorporated, Wal-Mart Stores Inc., Wal-Mart Stores, Incorporated. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Kiser, Livia)
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Filing 31
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 30
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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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (29 in 1:22-cv-08830-DLC, 29 in 1:22-cv-09059-DLC, 17 in 1:22-cv-08810-DLC, 28 in 1:22-cv-09083-DLC, 34 in 1:22-cv-09049-DLC, 26 in 1:22-cv-09069-DLC, 29 in 1:22-cv-09047-DLC, 17 in 1:22-cv-09032-DLC, 12 in 1:22-cv-09034-DLC, 29 in 1:22-cv-09050-DLC, 10 in 1:22-cv-09022-DLC, 31 in 1:22-cv-08816-DLC, 14 in 1:22-cv-09048-DLC, 20 in 1:22-cv-08811-DLC, 17 in 1:22-cv-08930-DLC, 15 in 1:22-cv-09046-DLC, 37 in 1:22-cv-09012-DLC, 19 in 1:22-cv-08808-DLC, 36 in 1:22-cv-09011-DLC, 36 in 1:22-cv-09060-DLC, 29 in 1:22-cv-09043-DLC, 30 in 1:22-cv-09042-DLC, 30 in 1:22-cv-08931-DLC, 26 in 1:22-cv-09038-DLC, 23 in 1:22-cv-09081-DLC, 19 in 1:22-cv-08782-DLC, 28 in 1:22-cv-09031-DLC, 36 in 1:22-cv-09055-DLC, 24 in 1:22-cv-09057-DLC, 30 in 1:22-md-03043-DLC, 37 in 1:22-cv-08814-DLC) MOTION for Livia M. Kiser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-26888984. 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.(sgz)
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Filing 29
MOTION for Livia M. Kiser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-26888984. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by WALMART INC., Walmart, Incorporated, Wal-Mart Stores Inc., Wal-Mart Stores, Incorporated. (Attachments: #1 Affidavit of Livia M. Kiser, #2 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:22-md-03043-DLC et al..(Kiser, Livia)
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Filing 28
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 27
CASE TRANSFERRED IN from the United States District Court - District of Nevada; Case Number: 2:22-cv-00919. Original file certified copy of transfer order and docket entries received.
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Case Designated ECF. (vba)
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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. (vba)
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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. (vba)
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CASE ACCEPTED AS RELATED. Create association to 1:22-md-03043-DLC. (vba)
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CONSOLIDATED MDL CASE: Create association to 1:22-md-03043-DLC. (vba)
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Denise L. Cote. 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..(nb)
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Filing 26
Transfer Order. (LOE) [Transferred from Nevada on 10/19/2022.] Modified on 10/19/2022 (vba).
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Filing 25
NOTICE IN RE: Acetaminophen - ASD/ADHD Products Liability LitigationCase Number: MDL No. 3043. MINUTE ORDER -- TO THE TRANSFEROR JUDGES/CLERKS OF THEASSOCIATED CASES: This transmittal is for informational purposes only. No action is required at this time. A transfer order has been filed today in this litigation. Rule 2.1 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, states...An order to transfer or remand pursuant to 28 U.S.C. 1407 shall be effective only upon its filing with the clerk of the transferee district court. You will receive a certified copy of this order from the transferee court along with notification of the newly assigned case number(s) in that district. With the advent of electronic filing, Rule 9.1 of the Panel Rules shall be satisfied upon transmittal of the portion of the file deemed necessary and requested by the transferee court. Signed by Clerk of the Panel John W. Nichols on 10/5/2022. (HAM) [Transferred from Nevada on 10/19/2022.]
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Filing 24
NOTICE re TRANSFER ORDER re: pldg. ( #1 in MDL No. 3043) Transferring 18 action(s) to Judge Denise L. Cote in the S.D. New York. Signed by Judge Karen K. Caldwell, Chair, PANEL ON MULTIDISTRICT LITIGATION, on 10/5/2022. (Attachments: #1 Transfer Order)(HAM) [Transferred from Nevada on 10/19/2022.]
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Filing 23
MOTION to Appoint Guardian ad Litem by Plaintiffs Cherise Chapman, Cherise Chapman. Responses due by 10/7/2022. (Wetherall, Peter) [Transferred from Nevada on 10/19/2022.]
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Filing 22
Mail Returned as Undeliverable addressed to Mikal C. Watts. (LOE) [Transferred from Nevada on 10/19/2022.]
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Filing 21
Mail Returned as Undeliverable re #20 Order, addressed to Mikal C. Watts. (KF) [Transferred from Nevada on 10/19/2022.]
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Filing 20
ORDER Granting #17 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Mikal C. Watts for Cherise Chapman and Mikal C. Watts for Cherise Chapman and approving Designation of Local Counsel as to Peter C. Wetherall. Signed by Judge Jennifer A. Dorsey on 8/29/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - LOE) [Transferred from Nevada on 10/19/2022.]
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Filing 19
NOTICE of Corrected Image/Document re #17 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Mikal C. Watts, by Plaintiffs Cherise Chapman, Cherise Chapman. (Service of corrected image is attached.). (Wetherall, Peter) [Transferred from Nevada on 10/19/2022.]
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Filing 18
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 8/22/2022. Re: #17 The verified petition does not comply with LR IA 11-2(b)(3). Counsel failed to attach the required "certification issued within six months before the date of filing of the verified petition [showing] that the applicant's membership is in good standing from the state bar or from the clerk of court of the supreme court or highest admitting court of every state, territory, or insular possession of the United States in which the applicant has been admitted to practice law." The verified petition also does not comply with LR IA 11-2(a). Counsel failed to provide the parties' signatures and names on the final page of the petition. Counsel instead provided the petitioning attorney's signature on that page.Counsel is advised to obtain the required certification, attach it to an amended petition that includes the parties' signatures, file the amended petition under the event titled "Notice of Corrected Image/Document," and link the amended petition to the originally filed petition within 10 days of this order.(Copies have been distributed pursuant to the NEF - MH) [Transferred from Nevada on 10/19/2022.]
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Filing 17
View Corrected Image #19 as to MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Mikal C. Watts and DESIGNATION of Local Counsel Peter C. Wetherall (Filing fee $ 250 receipt number ANVDC-7018565) by Plaintiffs Cherise Chapman, Cherise Chapman. (Wetherall, Peter) Modified on 8/29/2022 (EDS). [Transferred from Nevada on 10/19/2022.]
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Filing 16
NOTICE of Hearing from MDL Panel re: MDL 3043. PANEL HEARING set for 9/29/2022 in St. Louis, Missouri. Signed by Judge Karen K. Caldwell, Chair, PANEL ON MULTIDISTRICT LITIGATION, on 8/11/2022. (HAM) [Transferred from Nevada on 10/19/2022.]
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Filing 15
SUMMONS Returned Executed by Cherise Chapman, Cherise Chapman(as Guardian ad Litem) re #1 Complaint,,. Walmart Inc. served on 6/27/2022. (Wetherall, Peter) [Transferred from Nevada on 10/19/2022.]
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Filing 14
Corporate Disclosure by Safeway, Inc. (LOE) [Transferred from Nevada on 10/19/2022.]
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Filing 13
NOTICE of Appearance by Safeway, Inc. (LOE) [Transferred from Nevada on 10/19/2022.]
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Filing 12
Corporate Disclosure Statement by Walmart Inc. (LOE) [Transferred from Nevada on 10/19/2022.]
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Filing 11
Corporate Disclosure Statement by Walmart Inc. (LOE) [Transferred from Nevada on 10/19/2022.]
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Filing 10
NOTICE of Appearance by Walmart Inc. (LOE) [Transferred from Nevada on 10/19/2022.]
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Filing 9
DEMAND for Trial by Jury by Defendant Walmart Inc.. (Bonds, Kurt) [Transferred from Nevada on 10/19/2022.]
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Filing 8
ANSWER to #1 Complaint,, filed by Walmart Inc.. Discovery Plan/Scheduling Order due by 8/13/2022.(Bonds, Kurt) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 10/19/2022.]
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Filing 7
CERTIFICATE of Interested Parties by Cherise Chapman, Cherise Chapman(as Guardian ad Litem). There are no known interested parties other than those participating in the case (Wetherall, Peter) [Transferred from Nevada on 10/19/2022.]
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Filing 6
Copy of Motion by Cherise Chapman, Cherise Chapman(as Guardian ad Litem). (LOE) [Transferred from Nevada on 10/19/2022.]
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Filing 5
SUMMONS ISSUED as to Walmart Inc. re #1 Complaint. (SLD) [Transferred from Nevada on 10/19/2022.]
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Filing 4
NOTICE of Corrected Image/Document re #1 Complaint, by Plaintiffs Cherise Chapman, Cherise Chapman. (Service of corrected image is attached.) (Wetherall, Peter) [Transferred from Nevada on 10/19/2022.]
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Filing 3
NOTICE of Corrected Image/Document re #1 Complaint, by Plaintiffs Cherise Chapman, Cherise Chapman. (Service of corrected image is attached.) (Wetherall, Peter) [Transferred from Nevada on 10/19/2022.]
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Filing 2
CLERK'S NOTICE. Attorney Action Required to ECF No. #1 . Pursuant to Fed. R. Cv. Prd 5.2(a)(3): Unless the court orders otherwise, in an electronic or paper filing with the court that contains an individual's social-security number, taxpayer-identification number, or birth date, the name of an individual known to be a minor the party name may only include the minor's initials. Document #1 is not SEALED by the Clerk, Counsel is advised to file a Notice of Corrected Image/Document and link to #1 . (no image attached) (DRS) [Transferred from Nevada on 10/19/2022.]
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Party Cherise Chapman as Guardian ad Litem for D.C. added. (DRS) [Transferred from Nevada on 10/19/2022.]
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Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Cam Ferenbach. (DRS) [Transferred from Nevada on 10/19/2022.]
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Filing 1
VIEW Corrected Image #3 re: COMPLAINT against Walmart Inc. (Filing fee $402 receipt number ANVDC-6931726) by Cherise Chapman. Proof of service due by 9/5/2022. (Attachments: #1 Civil Cover Sheet, # View Corrected Image #4 re: (2) Summons) (Wetherall, Peter) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Modified on 6/9/2022 (SLD). [Transferred from Nevada on 10/19/2022.]
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