Feiler et al v. Walgreens Boots Alliance, Inc. et al
| Krysanthemum Feiler and F.C. |
| Walgreens Boots Alliance, Inc., Target Corporation and WALMART INC. |
| Amy M Gernon |
| 1:2022cv09028 |
| October 23, 2022 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| Plaintiff |
Docket Report
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| Filing 23 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 22 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 21 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 20 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 19
ORDER granting #18 Motion to Withdraw as Attorney. Having considered the Motion to Withdraw Counsel Pursuant to Local Rule 1.4 brought before this United States District Court and the Honorable Denise Cote, District Judge, the Motion is hereby GRANTED. IT IS HEREBY ORDERED that Jared Shepherd is relieved as counsel for all Plaintiffs listed in the above-captioned matter. Attorney Jared D. Shepherd terminated. (Signed by Judge Denise L. Cote on 12/9/2022) (vfr)
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| Filing 18 MOTION to Withdraw Jared D. Shepherd as Attorney., MOTION for Jared D. Shepherd to Withdraw as Attorney . Document filed by A.S., Kayla Strenke, K.W, Precious Watts, J.W., Cara Wicker, A.M., Nicole Tellock, Nicollet Tellock, A&K, Lindsey Baxter, H.L., Amy Pfuhl, Jessica Brakken, J.L., M.B., Alyssa Hanson, I.H., C.F., Kelsie Rivera, F.C., Krysanthemum Feiler, K.C., Jennifer King, Lindsey Baxter, C.F., F.C., J.L., L.H., M.B.(a Minor, by and through his parent and natural guardian, Jessica Brakken), R.S., Courtney Springer. (Attachments: #1 Affidavit of Jared D. Shepherd, #2 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:22-md-03043-DLC et al..(Keller, Ashley) |
| Filing 17 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) |
| Filing 16 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) |
| >>>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 15
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 14
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 13
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 12 CASE TRANSFERRED IN from the United States District Court - District of Minnesota; Case Number: 0:22-cv-02379. 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) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-md-03043-DLC. (laq) |
| 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..(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) |
| Case Designated ECF. (laq) |
| CONSOLIDATED MDL CASE: Create association to 1:22-md-03043-DLC. (laq) |
| Filing 11 CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO-1) transferring case to the Southern District of New York per the MDL Panel for coordinated or consolidated pretrial proceedings. Case assigned to Judge Denise L. Cote.(kt) [Transferred from Minnesota on 10/23/2022.] |
| Filing 10 Summons Issued as to Target Corporation, Walgreens Boots Alliance, Inc., Walmart, Inc.. (MMG) [Transferred from Minnesota on 10/23/2022.] |
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Filing 9
(Text-Only) ORDER granting #6 Motion for Admission Pro Hac Vice of Attorney Ashley Barriere for F.C. and Krysanthemum Feiler; granting #7 Motion for Admission Pro Hac Vice of Attorney Ashley Keller for F.C. and Krysanthemum Feiler; granting #8 Motion for Admission Pro Hac Vice of Attorney Warren Postman for F.C. and Krysanthemum Feiler. Approved by Magistrate Judge Leo I. Brisbois on 9/29/2022. (KMO) [Transferred from Minnesota on 10/23/2022.]
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| Filing 8 MOTION for Admission Pro Hac Vice for Attorney Warren D. Postman. Filing fee $ 100, receipt number AMNDC-9791425 filed by F.C., Krysanthemum Feiler. (Shepherd, Jared) [Transferred from Minnesota on 10/23/2022.] |
| Filing 7 MOTION for Admission Pro Hac Vice for Attorney Ashley C. Keller. Filing fee $ 100, receipt number AMNDC-9791394 filed by F.C., Krysanthemum Feiler. (Shepherd, Jared) [Transferred from Minnesota on 10/23/2022.] |
| Filing 6 MOTION for Admission Pro Hac Vice for Attorney Ashley Barriere. Filing fee $ 100, receipt number AMNDC-9791341 filed by F.C., Krysanthemum Feiler. (Shepherd, Jared) [Transferred from Minnesota on 10/23/2022.] |
| NOTICE OF DOCKETING CORRECTION for #10 Summons Issued. The summons was re-filed due to Defendant Walgreens party name was missing the "s" at the end in the initial filing summons at #3 which has been marked in error. (MMG) [Transferred from Minnesota on 10/23/2022.] |
| Filing 5 Clerk's Notice to JPML regarding case potentially related to MDL #3043 re: #1 Complaint. (MMG) [Transferred from Minnesota on 10/23/2022.] |
| Filing 4 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Ashley C. Keller, Ashley Barriere, Warren Postman as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (MMG) [Transferred from Minnesota on 10/23/2022.] |
| Filing 3 DOCUMENT FILED IN ERROR-REFILED AT #10 . Summons Issued as to Target Corporation, Walgreen Boots Alliance, Inc., Walmart, Inc.. (MMG) Modified text on 9/29/2022 (MMG). [Transferred from Minnesota on 10/23/2022.] |
| Filing 2 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Eric C. Tostrud per 6th Master list, referred to Magistrate Judge Leo I. Brisbois. Please use case number 22-cv-2379 ECT/LIB.Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (MMG) [Transferred from Minnesota on 10/23/2022.] |
| Filing 1 COMPLAINT against All Defendants (filing fee $ 402, receipt number AMNDC-9788043) filed by Krysanthemum Feiler, F.C.. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet) (Shepherd, Jared) [Transferred from Minnesota on 10/23/2022.] |
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