Christine Contreras et al v. Big Lots, Inc. et al
| Christine Contreras and A. C. |
| Big Lots Inc., Dollar General Corporation and CVS Pharmacy Inc |
| Amy M Gernon |
| 1:2022cv09878 |
| November 18, 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 pl Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 13, 2023. A more recent docket listing may be available from PACER.
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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) |
| Filing 48 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) |
Filing 47
ORDER granting Motion for Gregory A. Ellis 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. (46 in 1:22-cv-09878-DLC, 29 in 1:22-cv-08815-DLC, 76 in 1:22-cv-10026-DLC, 15 in 1:22-cv-10038-DLC, 270 in 1:22-md-03043-DLC, 18 in 1:22-cv-10039-DLC) MOTION for Gregory A. Ellis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-27099999. 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 46 MOTION for Gregory A. Ellis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-27099999. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safeway Inc, Dollar General, Dollar General Corporation, Dollar General Corporation, Safeway Inc.. (Attachments: #1 Affidavit (Declaration) of Gregory A. Ellis, with Certificates, #2 Text of Proposed Order - (Proposed) Order on Motion for Admission Pro Hac Vice)Filed In Associated Cases: 1:22-md-03043-DLC et al..(Ellis, Gregory) |
| Filing 45 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 44 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 43 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 42 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 41 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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Filing 40
ORDER granting Motion for Amanda L. Groves to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) Filed In Associated Cases: 1:22-md-03043-DLC, 1:22-cv-09878-DLC, 1:22-cv-10026-DLC, 1:22-cv-10038-DLC, 1:22-cv-10039-DLC (jwh)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #38 MOTION for Amanda L. Groves to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-27046030. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 39 NOTICE OF APPEARANCE by Alexandra J. Kushner on behalf of Safeway Inc, Dollar General, Dollar General Corporation, Dollar General Corporation. Filed In Associated Cases: 1:22-md-03043-DLC, 1:22-cv-09878-DLC, 1:22-cv-10026-DLC, 1:22-cv-10038-DLC, 1:22-cv-10039-DLC.(Kushner, Alexandra) |
| Filing 38 MOTION for Amanda L. Groves to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-27046030. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safeway Inc, Dollar General, Dollar General Corporation, Dollar General Corporation, Safeway Inc.. (Attachments: #1 Affidavit (Declaration) of Amanda L. Groves with Certificates, #2 Text of Proposed Order (Proposed) Order on Motion for Admission Pro Hac Vice)Filed In Associated Cases: 1:22-md-03043-DLC, 1:22-cv-09878-DLC, 1:22-cv-10026-DLC, 1:22-cv-10038-DLC, 1:22-cv-10039-DLC.(Groves, Amanda) Modified on 12/7/2022 (aea). |
| 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) |
| Filing 37 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:22-cv-04716. Original file certified copy of transfer order and docket entries received. |
| 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) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-md-03043-DLC. (vba) |
| 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..(vba) |
| 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) |
| Case Designated ECF. (vba) |
| Filing 36 Conditional Transfer Order - (CTO-3) from the United States Judicial Panel on Multidistrict Litigation, MDL 3043, transferring case to USDC, Southern District of New York, for coordinated or consolidated pretrial proceedings, and with the consent of that court, assigned to Honorable Denise L. Cote. Case transferred electronically. (MD JS-6. Case Terminated.) (jp) [Transferred from California Central on 11/18/2022.] |
| Filing 35 PROOF OF SERVICE Executed by Plaintiff Christine Contreras, A. C., upon Defendant Dollar General Corporation served on 11/9/2022, answer due 11/30/2022. Service of the Summons and Complaint were executed upon Glenda Shepherd, Intake Specialist for Registered Agent Corporate Service Company in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Postman, Warren) [Transferred from California Central on 11/18/2022.] |
| Filing 34 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Dollar General Corporation. (jp) [Transferred from California Central on 11/18/2022.] |
| Filing 33 DECLARATION of Warren Postman re Order to Show Cause, #25 Dismissal for Lack of Prosecution filed by Plaintiffs A. C., Christine Contreras. (Postman, Warren) [Transferred from California Central on 11/18/2022.] |
| Filing 32 DECLARATION of Warren Postman re Text Only Scheduling Notice,,, 27 Order to Sow Cause filed by Plaintiffs A. C., Christine Contreras. (Attachments: #1 Exhibit A - Notice of Potential Tag-Along Actions, #2 Exhibit B - Conditional Transfer Order)(Postman, Warren) [Transferred from California Central on 11/18/2022.] |
| Filing 31 PROOF OF SERVICE Executed by Plaintiff Christine Contreras, A. C., upon Defendant Big Lots, Inc. served on 10/27/2022, answer due 11/17/2022. Service of the Summons and Complaint were executed upon Trudy Desbiens, Intake Specialist for Registered Agent Corporation Service Company in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Postman, Warren) [Transferred from California Central on 11/18/2022.] |
| Filing 30 PROOF OF SERVICE Executed by Plaintiff Christine Contreras, A. C., upon Defendant CVS Pharmacy, Inc. served on 10/28/2022, answer due 11/24/2022. Service of the Summons and Complaint were executed upon Diana Ruiz - Intake Specialist for Registered Agent CT Corporation System in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Postman, Warren) [Transferred from California Central on 11/18/2022.] |
| Filing 29 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #3 , Certificate/Notice of Interested Parties #2 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiffs A. C., Christine Contreras. (Postman, Warren) [Transferred from California Central on 11/18/2022.] |
| Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Warren D Postman counsel for Plaintiffs A. C., Christine Contreras. Adding Warren D. Postman as counsel of record for Christine Contreras Individually and As Mother, General Guardian of A.C., a Minor for the reason indicated in the G-123 Notice. Filed by Plaintiff Christine Contreras Individually and As Mother, General Guardian of A.C., a Minor. (Attorney Warren D Postman added to party A. C.(pty:pla), Attorney Warren D Postman added to party Christine Contreras(pty:pla))(Postman, Warren) [Transferred from California Central on 11/18/2022.] |
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Filing 27
TEXT ENTRY (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Josephine L. Staton: It appears to this Court that this case is a tag-along case to MDL No. 3043 IN RE: Acetaminophen ASD/ADHD Products Liability Litigation. Pursuant to JPML Rule 7.1, "[a]ny party or counsel in actions previously transferred under Section 1407 shall promptly notify the Clerk of the Panel of any potential tag-along actions in which that party is also named or in which that counsel appears." Plaintiff is ordered to show cause within five (5) days from the date of this Order as to whether it has given notice in compliance with Rule 7.1. A declaration attaching a copy of the notice will be deemed sufficient compliance with this Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) Modified on 11/4/2022 (vv). [Transferred from California Central on 11/18/2022.]
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Filing 26
ORDER Re Joint Stipulation to Extend Time for Defendant CVS Pharmacy, Inc., to File Responsive Pleading (Doc. #24 ) by Judge Josephine L. Staton that CVS PHARMACY, INC.'s time to file a responsive pleading shall be extended by twenty (20) days from 11/24/2022. CVS PHARMACY, INC.'s responsive pleading shall be due on or before 11/24/2022, unless otherwise ordered by the district judge to whom this action is transferred. (jp) [Transferred from California Central on 11/18/2022.]
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Filing 25
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE Re Dismissal for Lack of Prosecution by Judge Josephine L. Staton: The Court, on its own motion, hereby ORDERS plaintiff's counsel, to show cause in writing no later than 11/8/2022, why this action should not be dismissed for lack of prosecution as to Big Lots, Inc., and Dollar General Corporation. (See document for further information). (jp) [Transferred from California Central on 11/18/2022.]
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| Filing 24 Joint STIPULATION for Extension of Time to File Responsive Pleading filed by Defendant CVS Pharmacy, Inc.. (Attachments: #1 Proposed Order)(Richer, Kristen) [Transferred from California Central on 11/18/2022.] |
| Filing 23 CERTIFICATE of Interested Parties filed by Defendant CVS Pharmacy, Inc., identifying CVS Pharmacy, Inc. as a wholly owned subsidiary of CVS Health Corporation. (Richer, Kristen) [Transferred from California Central on 11/18/2022.] |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Kristen Lee Richer counsel for Defendant CVS Pharmacy, Inc.. Adding Kristen L. Richer as counsel of record for CVS Pharmacy, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant CVS Pharmacy, Inc.. (Attorney Kristen Lee Richer added to party CVS Pharmacy, Inc.(pty:dft))(Richer, Kristen) [Transferred from California Central on 11/18/2022.] |
| Filing 21 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON (dr) [Transferred from California Central on 11/18/2022.] |
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Filing 20
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:22-cv-03864 JLS(GJSx). Case transferred from Magistrate Judge Alicia G. Rosenberg and Judge Stephen V. Wilson to Judge Josephine L. Staton and Magistrate Judge Gail J. Standish for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-04716 JLS(GJSx). Signed by Judge Josephine L. Staton (rn) [Transferred from California Central on 11/18/2022.]
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Filing 19
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc) [Transferred from California Central on 11/18/2022.]
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Filing 18
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 21-01 by Judge Christina A. Snyder. Case transferred from Judge Christina A. Snyder to the calendar of Judge Stephen V. Wilson for all further proceedings. Case number now reads as 2:22-cv-04716 SVW(AGRx). (rn) [Transferred from California Central on 11/18/2022.]
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Filing 17
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case declined by Judge Josephine L. Staton, for the reasons set forth on this order. Related Case No. 2:22-cv-03864 JLS(GJSx) (rn) [Transferred from California Central on 11/18/2022.]
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| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Consent to Proceed (CV-11C) DECLINED before US Magistrate Judge Direct Assignment Program #7 . The following error(s) was/were found: The filing of a Declination Statement of Consent to Proceed before a Magistrate Judge only applies to cases under the "Magistrate Judge Direct Assignment Program", wherein the initial judge assignment as the presider of the case is assigned to a magistrate judge. This case is not under that program. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (rn) [Transferred from California Central on 11/18/2022.] |
| Filing 15 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: Other error(s) with document(s): It appears a guardian ad litem is named in this case but no Petition seeking such appointment has been filed. A Petition for the Appointment of a Guardian Ad Litem must be filed when the appointment of a guardian ad litem is required by Fed. R. Civ. P. 17(c)(2). See Local Rule 17-1. Counsel must file a Petition for the Appointment of a Guardian Ad Litem immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (car) [Transferred from California Central on 11/18/2022.] |
| Filing 14 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request, #8 , Summons Request, #6 . The following error(s) was found: Item 6 is addressed to Defendant Sun-Dollar, L.P. however, this Defendant is not on the caption of the complaint. Item 8 is a duplicate of item 5. (car) [Transferred from California Central on 11/18/2022.] |
| Filing 13 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant CVS Pharmacy, Inc. (car) [Transferred from California Central on 11/18/2022.] |
| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Big Lots, Inc. (car) [Transferred from California Central on 11/18/2022.] |
| Filing 11 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) [Transferred from California Central on 11/18/2022.] |
| Filing 10 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from California Central on 11/18/2022.] |
| Filing 9 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Alicia G. Rosenberg. (car) [Transferred from California Central on 11/18/2022.] |
| Filing 8 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #3 , Summons Request, #6 , Certificate/Notice of Interested Parties #2 , Complaint (Attorney Civil Case Opening) #1 , Summons Request #4 filed by Plaintiffs A. C., Christine Contreras. (Ball, Allen) [Transferred from California Central on 11/18/2022.] |
| Filing 7 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiffs A. C., Christine Contreras. (Ball, Allen) [Transferred from California Central on 11/18/2022.] |
| Filing 6 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #3 , Subpoena Request (AO 88),, Summons Request, #5 , Certificate/Notice of Interested Parties #2 , Complaint (Attorney Civil Case Opening) #1 , Summons Request #4 filed by Plaintiffs A. C., Christine Contreras. (Ball, Allen) [Transferred from California Central on 11/18/2022.] |
| Filing 5 Request for Clerk to Issue Subpoena filed by Plaintiffs A. C., Christine Contreras., Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #3 , Certificate/Notice of Interested Parties #2 , Complaint (Attorney Civil Case Opening) #1 , Summons Request #4 filed by Plaintiffs A. C., Christine Contreras. (Ball, Allen) [Transferred from California Central on 11/18/2022.] |
| Filing 4 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #3 , Certificate/Notice of Interested Parties #2 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiffs A. C., Christine Contreras. (Ball, Allen) [Transferred from California Central on 11/18/2022.] |
| Filing 3 CIVIL COVER SHEET filed by Plaintiffs A. C., Christine Contreras. (Ball, Allen) [Transferred from California Central on 11/18/2022.] |
| Filing 2 CERTIFICATE of Interested Parties filed by Plaintiffs All Plaintiffs, (Attorney Allen Reynolds Ball added to party A. C.(pty:pla))(Ball, Allen) [Transferred from California Central on 11/18/2022.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-33607562 - Fee: $402, filed by Plaintiff Christine Contreras. (Attorney Allen Reynolds Ball added to party Christine Contreras(pty:pla))(Ball, Allen) [Transferred from California Central on 11/18/2022.] |
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