Abby Horowitz et al v. Costco Wholesale Corporation
| Abby Horowitz, J. S. and C. C. |
| Costco Wholesale Corporation |
| Amy M Gernon |
| 1:2022cv09091 |
| October 24, 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. § 1332 pi Diversity-Personal Injury |
| Plaintiff |
Docket Report
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| Filing 33 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 32 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 31 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 30 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 29 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 28 SUMMONS RETURNED EXECUTED. Costco Wholesale Corporation served on 9/9/2022, answer due 9/30/2022. Service was accepted by Stephanie Gardner - Executive Legal Admin. Document filed by Abby Horowitz; C. C.; J. S...(Watts, Mikal) |
Filing 27
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 26
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 25
ORDER granting (24) Motion for Mikal Carter Watts to Appear Pro Hac Vice in case 1:22-md-03043-DLC; granting et al. (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. (26 in 1:22-cv-09053-DLC, 24 in 1:22-md-03043-DLC, 22 in 1:22-cv-09057-DLC, 34 in 1:22-cv-09060-DLC, 22 in 1:22-cv-09072-DLC, 27 in 1:22-cv-09050-DLC, 34 in 1:22-cv-09055-DLC, 25 in 1:22-cv-09079-DLC, 27 in 1:22-cv-09058-DLC, 24 in 1:22-cv-09069-DLC, 34 in 1:22-cv-09056-DLC, 24 in 1:22-cv-09091-DLC, 27 in 1:22-cv-09059-DLC, 31 in 1:22-cv-09054-DLC) MOTION for Mikal Carter Watts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-26878803. 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) |
| Filing 24 MOTION for Mikal Carter Watts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-26878803. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diana Hernandez, Angie Ruiz, Denise Young(individual), Denise Young(as Guardian ad Litem of A.W. a minor), Angeles Mijares, Abby Horowitz, Sharee Miles, Cori Stark, Christina Correll, Siupeli Halafihi, Jeanette Gray, Madonna Gevargiz, Cynthia Hampton, Katie Good, Diana Hernandez, Abby Horowitz, Angeles Mijares, Denise Young(as a Guardian ad Litem of A.W. a minor). (Attachments: #1 Affidavit of Mikal C. Watts, #2 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:22-md-03043-DLC et al..(Watts, Mikal) |
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Filing 23
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) (laq).
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| Filing 22 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 5:22-cv-01336. Original file certified copy of transfer order and docket entries received. |
| Case Designated ECF. (laq) |
| 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) |
| CONSOLIDATED MDL CASE: 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) |
| 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) |
| Filing 21 Conditional Transfer Order - 1 from the United States Judicial Panel on Multidistrict Litigation, MDL 3043, transferring case to USDC, Southern District of New York and assigned to Honorable Denise L Cote. Case transferred electronically. (MD JS-6. Case Terminated.) (lom) [Transferred from California Central on 10/24/2022.] |
| Filing 20 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Costco Wholesale Corporation. (shb) [Transferred from California Central on 10/24/2022.] |
| Filing 19 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs C. C., Abby Horowitz, J. S.. (Singleton, Gerald) [Transferred from California Central on 10/24/2022.] |
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Filing 18
ORDER by Magistrate Judge Kenly Kiya Kato: granting #16 PETITION to Appoint Guardian ad Litem, appointing Jaqueline Kay Horowitz as Guardian ad Litem for C.C. (hr) [Transferred from California Central on 10/24/2022.]
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Filing 17
ORDER by Magistrate Judge Kenly Kiya Kato: granting #15 PETITION to Appoint Guardian ad Litem, appointing Jaqueline Kay Horowitz as Guardian ad Litem for J.S. (hr) Modified on 8/19/2022 (hr). [Transferred from California Central on 10/24/2022.]
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| Filing 16 PETITION for Appointment of Jacqueline Kay Horowitz as Guardian ad Litem for C.C. filed by Plaintiffs C. C., Abby Horowitz, J. S.. (Singleton, Gerald) [Transferred from California Central on 10/24/2022.] |
| Filing 15 PETITION for Appointment of Jacqueline Kay Horowitz as Guardian ad Litem for J.S. filed by Plaintiffs C. C., Abby Horowitz, J. S.. (Singleton, Gerald) [Transferred from California Central on 10/24/2022.] |
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Filing 14
CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva) [Transferred from California Central on 10/24/2022.]
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Filing 13
MINUTE (In Chambers) Order Denying Petitions for Orders of Appointment of Guardian Ad Litem by Magistrate Judge Kenly Kiya Kato: denying #5 PETITION to Appoint Guardian ad Litem; denying #6 PETITION to Appoint Guardian ad Litem. The Petition to appoint Abby Horowitz as guardian ad litem is DENIED. No later than August 18, 2022, plaintiffs' counsel must propose to the Court an alternative, non-conflicted guardian ad litem. (see document for further details) (hr) [Transferred from California Central on 10/24/2022.]
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| Filing 12 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #3 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (car) [Transferred from California Central on 10/24/2022.] |
| Filing 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Mikal C. Watts. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) [Transferred from California Central on 10/24/2022.] |
| Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Alicia D O'Neill. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) [Transferred from California Central on 10/24/2022.] |
| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) [Transferred from California Central on 10/24/2022.] |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from California Central on 10/24/2022.] |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Sunshine Suzanne Sykes and Magistrate Judge Kenly Kiya Kato. (car) [Transferred from California Central on 10/24/2022.] |
| Filing 6 PETITION for Appointment of Abby Horowitz as Guardian ad Litem for C.C. filed by Plaintiffs Abby Horowitz. (Singleton, Gerald) [Transferred from California Central on 10/24/2022.] |
| Filing 5 PETITION for Appointment of Abby Horowitz as Guardian ad Litem for J.S. filed by Plaintiffs Abby Horowitz. (Singleton, Gerald) [Transferred from California Central on 10/24/2022.] |
| Filing 4 Certification and NOTICE of Interested Parties filed by Plaintiffs Abby Horowitz, identifying Plaintiffs and Defendant. (Singleton, Gerald) [Transferred from California Central on 10/24/2022.] |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Abby Horowitz. (Singleton, Gerald) [Transferred from California Central on 10/24/2022.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Abby Horowitz, Abby Horowitz, Abby Horowitz. (Singleton, Gerald) [Transferred from California Central on 10/24/2022.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-33724064 - Fee: $402, filed by Plaintiffs Abby Horowitz. (Attorney Gerald Blaine Singleton added to party Abby Horowitz(pty:pla), Attorney Gerald Blaine Singleton added to party Abby Horowitz(pty:pla), Attorney Gerald Blaine Singleton added to party Abby Horowitz(pty:pla))(Singleton, Gerald) [Transferred from California Central on 10/24/2022.] |
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