Farran Elder et al v. Walmart Inc.
| Farran Elder and N. E. S. |
| WALMART INC. and Johnson & Johnson Consumer, Inc. |
| Amy M Gernon |
| 1:2022cv10036 |
| 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 |
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 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 32 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 31 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 30 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 29 AMENDED COMPLAINT against WALMART INC., Johnson & Johnson Consumer, Inc. with JURY DEMAND.Document filed by Farran Elder, N. E. S...(Watts, Mikal) |
| 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 28 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 27
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 26 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 25 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 24 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 23 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 22 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 21 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 20 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:22-cv-07094. Original file certified copy of transfer order and docket entries received. |
| 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) |
| 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 Designated ECF. (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) |
| CONSOLIDATED MDL CASE: Create association to 1:22-md-03043-DLC. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-md-03043-DLC. Notice of Assignment to follow. (vba) |
| Filing 19 Conditional Transfer Order - 6 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.) (gk) [Transferred from California Central on 11/25/2022.] |
| Filing 18 RESPONSE filed by Plaintiffs Farran Elder, N. E. S.to Order to Show Cause, #15 (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
| Filing 17 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Steve Kim to Judge Christina A. Snyder for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Alka Sagar. The case number will now reflect the initials of the transferee Judges 2:22-cv-07094-CAS-ASx. (aco) [Transferred from California Central on 11/25/2022.] |
| Filing 16 STATEMENT of Consent to Proceed Before a United States Magistrate Judge filed by Plaintiffs Farran Elder, N. E. S. re: Reminder Notice to Counsel (CV-14) re MJ Civil Consent Pilot Project - optional html form, #14 , Notice to Counsel (CV-20a) Magistrate Judge Direct Assignment Program - optional html form #10 . (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
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Filing 15
(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Magistrate Judge Steve Kim. The Court, on its own motion, orders Plaintiffs to show cause, in writing, on or before November 22, 2022, why this action should not be dismissed for lack of prosecution. (see document for further details) (hr) [Transferred from California Central on 11/25/2022.]
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| Filing 14 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (hr) [Transferred from California Central on 11/25/2022.] |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Farran Elder, N. E. S., upon Defendant Walmart Inc. served on 10/4/2022, answer due 10/25/2022. Service of the Summons and Complaint were executed upon 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.] |
| Filing 12 Certification and NOTICE of Interested Parties filed by Plaintiffs Farran Elder, N. E. S., identifying Farran Elder, N.E.S., Minor, WALMART INC.. (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
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Filing 11
ORDER by Magistrate Judge Steve Kim: granting #4 PETITION to Appoint Guardian ad Litem, appointing Farran Elder as Guardian ad Litem for N.E.S. (see document for further details) (hr) [Transferred from California Central on 11/25/2022.]
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| Filing 10 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Steve Kim. (Attachments: #1 CV-11C Statement of Consent to Proceed Before a United States Magistrate Judge) (ghap) [Transferred from California Central on 11/25/2022.] |
| Filing 9 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #5 . Document # 5 Due to clerical error. The docket clerk docketed the wrong form using Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge in error onto case as the MJDAP. (ghap) [Transferred from California Central on 11/25/2022.] |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Walmart Inc. (ghap) [Transferred from California Central on 11/25/2022.] |
| Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Alicia D O Neill on behalf on Plaintiffs. 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. (ghap) [Transferred from California Central on 11/25/2022.] |
| Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Mikal C Watts on behalf on Plaintiffs. 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. (ghap) [Transferred from California Central on 11/25/2022.] |
| Filing 5 [NOTICE OF CLERICAL ERROR ISSUED ON 10/4/2022, SEE DOCKET ENTRY NO. 9] Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (Attachments: #1 CV-11C Statement of Consent to Proceed Before a United States Magistrate Judge) (ghap) Modified on 10/4/2022 (ghap). [Transferred from California Central on 11/25/2022.] |
| Filing 4 PETITION for Appointment of Farran Elder as Guardian ad Litem for N.E.S. filed by Plaintiffs Farran Elder, Farran Elder as Guardian Ad Litem of N.E.S., Minor. (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 Farran Elder, Farran Elder as Guardian Ad Litem of N.E.S., Minor. (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Farran Elder, Farran Elder as Guardian Ad Litem of N.E.S., Minor. (Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-34076586 - Fee: $402, filed by Plaintiffs Farran Elder, Farran Elder as Guardian Ad Litem of N.E.S., Minor. (Attorney Gerald Blaine Singleton added to party Farran Elder(pty:pla), Attorney Gerald Blaine Singleton added to party Farran Elder as Guardian Ad Litem of N.E.S., Minor(pty:pla))(Singleton, Gerald) [Transferred from California Central on 11/25/2022.] |
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