Vanessa Valdez et al v. Walmart, Inc.
| Vanessa Valdez, Erik Thompson, as Guardian Ad Litem of C.T., Minor and C.T. |
| WALMART INC. and Johnson & Johnson Consumer, Inc. |
| Amy M Gernon |
| 1:2022cv10034 |
| November 25, 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 |
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| Filing 36 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) |
| Filing 35 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) |
| Filing 34 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) |
| Filing 33 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) |
| Filing 32 AMENDED COMPLAINT amending #1 Complaint - Miscellaneous, against Johnson & Johnson Consumer, Inc., Walmart Inc. with JURY DEMAND.Document filed by Vanessa Valdez, Erik Thompson, as Guardian Ad Litem of C.T., Minor, C.T.. Related document: #1 Complaint - Miscellaneous,..(Watts, Mikal) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mikal Watts. The party information for the following party/parties has been modified: WALMART INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mikal Watts to RE-FILE Document No. #31 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the wrong filer/filers were selected for the pleading;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 31 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - AMENDED COMPLAINT against WALMART INC., Johnson & Johnson Consumer, Inc. with JURY DEMAND.Document filed by Vanessa Valdez, Erik Thompson, as Guardian Ad Litem of C.T., Minor, C.T...(Watts, Mikal) Modified on 1/20/2023 (pc). |
| 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 30 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 29
ORDER TO WITHDRAW AND SUBSTITUTE COUNSEL granting (298) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-md-03043-DLC; granting (31) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-09072-DLC; granting (30) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-09891-DLC; granting (34) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-09994-DLC; granting (31) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-09996-DLC; granting (43) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10020-DLC; granting (34) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10021-DLC; granting (38) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10022-DLC; granting (35) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10023-DLC; granting (82) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10026-DLC; granting (41) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10027-DLC; granting (36) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10029-DLC; granting (29) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10031-DLC; granting (28) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10034-DLC; granting (26) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10036-DLC; granting (31) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10040-DLC; granting (27) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10041-DLC; granting (28) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10042-DLC; granting (25) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10043-DLC; granting (30) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10044-DLC; granting (27) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10045-DLC; granting (31) Motion to Substitute Attorney. Attorney Gerald Blaine Singleton terminated in case 1:22-cv-10046-DLC. The Court, having considered Plaintiffs' Motion to Withdraw by Consent and Substitute Counsel find it meritorious and according; IT IS ORDERED that Gerald Singleton of Singleton Schreiber, LLP be withdrawn, and Mikal Watts of Watts Guerra LLC be substituted as lead counsel of record of the above-referenced actions. SO ORDERED. (Signed by Judge Denise L. Cote on 12/29/2022) Filed In Associated Cases: 1:22-md-03043-DLC et al. (vfr)
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| Filing 28 CONSENT MOTION to Substitute Attorney. Old Attorney: Gerald Singleton, New Attorney: Mikal Watts . Document filed by L. J., Jessica Stahlke, J. G. B.P., G. B. P., Yessica Portillo, Jasmine Rios, Farran Elder, N. E. S., E. A., J. G., Tania Osuna, Tania Osuna, as Guardian Ad Litem of S.O., Minor, Ruth Gonzales, G. Q., H. G., David Giddings as Guardian Ad Litem of H.G., Minor, Katie Ritchie, Aide Soriano, Nydia Gonzalez, Tanner Corlett as Guardian Ad Litem of J.F., Minor, Jessica Flores, Erika Avila, Kymberly Cardenas, Crystal Chopin, Miesha Flournoy, Antoinette Gameroz, Natasha Antoinette Gameroz, Angelica Garcia, Lisa Garcia, Nydia Gonzalez, Rishona Richardson, Katie Richie, Angie Ruiz, Aide Soriano, Jessica Stahlke, Tania Osuna, as Guardian Ad Litem of S.O., Minor, Vanessa Valdez, Erika Avila, Maria Avila as Guardian Ad Litem of A.B., Minor, E. R., Enrique Rodriguez Avalos as Guardian Ad Litem of E.R., Minor, L. R., James Patrick as Guardian Ad Litem of N.P., Minor, Miesha Flournoy, S M, Nicole White as Guardian Ad Litem of S.M., Minor, Pernella Booker, as Guardian Ad Litem of K.V., Minor, K. V., Natasha Antoinette Gameroz, Laura Hernandez, Laura Oseguera as Guardian Ad Litem of A.H., Minor, J. M. G., Erik Thompson, as Guardian Ad Litem of C.T., Minor. (Attachments: #1 Exhibit Declaration of Gerald Singleton, #2 Text of Proposed Order to Withdraw and Substitute Counsel)Filed In Associated Cases: 1:22-md-03043-DLC et al..(Watts, Mikal) |
| Filing 27 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 26 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 25 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 24 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 23 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) |
| Filing 22 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 5:22-cv-01578. 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) |
| 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 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) |
| Case Designated ECF. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-md-03043-DLC. Notice of Assignment to follow. (vba) |
| CONSOLIDATED MDL CASE: Create association to 1:22-md-03043-DLC. (vba) |
| Filing 21 Conditional Transfer Order (CTO-6) 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 11/25/2022.] |
| Filing 20 RESPONSE filed by Plaintiffs Erik Thompson, as Guardian Ad Litem of C.T., Minor, Vanessa Valdezto Text Only Scheduling Notice,,, 19 (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
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Filing 19
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) [Transferred from California Central on 11/25/2022.]
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| Filing 18 PROOF OF SERVICE Executed by Plaintiff Vanessa Valdez, Erik Thompson, as Guardian Ad Litem of C.T., Minor, upon Defendant Walmart, Inc. served on 9/21/2022, answer due 10/12/2022. Service of the Summons and Complaint were executed upon Sari Miller, CT Corporation System in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
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Filing 17
ORDER APPOINTING GUARDIAN AD LITEM by Magistrate Judge Gail J. Standish: Granting #15 PETITION to Appoint Guardian ad Litem. Appointing Erik Thompson as Guardian ad Litem for C.T. (es) [Transferred from California Central on 11/25/2022.]
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| Filing 16 INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (vv) [Transferred from California Central on 11/25/2022.] |
| Filing 15 Amended PETITION for Appointment of Erik Thompson as Guardian ad Litem for C.T. filed by Plaintiffs Vanessa Valdez, Erik Thompson, as Guardian Ad Litem of C.T., Minor. (Attachments: #1 Proposed Order) (Attorney Gerald Blaine Singleton added to party Erik Thompson, as Guardian Ad Litem of C.T., Minor(pty:pla)) (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
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Filing 14
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:22-cv-03864-JLS(GJSx). Case transferred from Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato 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 5:22-cv-01578-JLS(GJSx). Signed by Judge Josephine L. Staton (ap) [Transferred from California Central on 11/25/2022.]
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Filing 13
MINUTES (In Chambers) Order Denying Petition for Appointment of Guardian AdLitem [Dkt. 5] by Magistrate Judge Kenly Kiya Kato: denying #5 PETITION to Appoint Guardian ad Litem. The Petition to appoint Vanessa Valdez as guardian ad litem is DENIED. No later than September 22, 2022, plaintiffs' counsel must propose to the Court an alternative, non-conflicted guardian ad litem. Counsel may wish to contact the Los Angeles County Probate Volunteer panel or an equivalent panel or bar association in Riverside County. (et) [Transferred from California Central on 11/25/2022.]
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| Filing 12 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: PETITION for Appointment of Vanessa Valdez as Guardian ad Litem for C.T. #5 . The following error(s) was found: Other error(s) with document(s): Proposed Order Document was not submitted as separate attachment to PETITION for Appointment of Guardian ad Litem.. (sh) [Transferred from California Central on 11/25/2022.] |
| Filing 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Alicia D. Oneill. 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. (sh) [Transferred from California Central on 11/25/2022.] |
| Filing 10 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. (sh) [Transferred from California Central on 11/25/2022.] |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Walmart, Inc.. (sh) [Transferred from California Central on 11/25/2022.] |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) [Transferred from California Central on 11/25/2022.] |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) [Transferred from California Central on 11/25/2022.] |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato. (sh) [Transferred from California Central on 11/25/2022.] |
| Filing 5 PETITION for Appointment of Vanessa Valdez as Guardian ad Litem for C.T. filed by Plaintiffs Vanessa Valdez, Vanessa Valdez, as Guardian Ad Litem of C.T., Minor. (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
| Filing 4 Certification and NOTICE of Interested Parties filed by Plaintiffs Vanessa Valdez, Vanessa Valdez, as Guardian Ad Litem of C.T., Minor, identifying Vanessa Valdez, C.T., Minor, Walmart, Inc.. (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Vanessa Valdez, Vanessa Valdez, as Guardian Ad Litem of C.T., Minor. (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Vanessa Valdez, Vanessa Valdez, as Guardian Ad Litem of C.T., Minor. (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-33944073 - Fee: $402, filed by Plaintiffs Vanessa Valdez, Vanessa Valdez, as Guardian Ad Litem of C.T., Minor. (Attorney Gerald Blaine Singleton added to party Vanessa Valdez(pty:pla), Attorney Gerald Blaine Singleton added to party Vanessa Valdez, as Guardian Ad Litem of C.T., Minor(pty:pla))(Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
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