Cavaness et al v. CVS Pharmacy, Inc
| Lashanda Cavaness and L. M. R. |
| CVS Pharmacy Inc and Johnson & Johnson Consumer Inc. |
| Amy M Gernon |
| 1:2022cv10258 |
| December 2, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| 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 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 41 ELECTRONIC SUMMONS ISSUED as to Johnson & Johnson Consumer Inc...(gp) |
| Filing 40 ELECTRONIC SUMMONS ISSUED as to CVS Pharmacy Inc..(gp) |
| Filing 39 REQUEST FOR ISSUANCE OF SUMMONS as to CVS Pharmacy, Inc., re: #36 Amended Complaint. Document filed by Lashanda Cavaness, L. M. R...(King, Rebecca) |
| Filing 38 REQUEST FOR ISSUANCE OF SUMMONS as to Johnson & Johnson Consumer Inc., re: #36 Amended Complaint. Document filed by Lashanda Cavaness, L. M. R...(King, Rebecca) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Rebecca King to RE-FILE Document No. #36 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct (file the summons form separately for each defendant). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (gp) Modified on 1/24/2023 (gp). |
| Filing 37 FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Johnson & Johnson Consumer Inc AND CVS Pharmacy, Inc., re: #36 Amended Complaint. Document filed by Lashanda Cavaness, L. M. R.. (Attachments: #1 Supplement Summons CVS Pharmacy, Inc.).(King, Rebecca) Modified on 1/24/2023 (gp). Modified on 1/24/2023 (gp). Modified on 1/24/2023 (gp). |
| Filing 36 AMENDED COMPLAINT amending #1 Complaint, against CVS Pharmacy Inc, Johnson & Johnson Consumer Inc. with JURY DEMAND.Document filed by Lashanda Cavaness, L. M. R.. Related document: #1 Complaint,..(King, Rebecca) |
| Filing 35 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 34 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 33 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 32 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Rebecca King to RE-FILE Document No. #31 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was linked to a deficient pleading. Please refile the request for once the pleading has been corrected using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (gp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rebecca King to RE-FILE Document No. #29 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file 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. (gp) |
| Filing 31 REQUEST FOR ISSUANCE OF SUMMONS as to Johnson & Johnson Consumer Inc AND CVS Pharmacy, Inc., re: #29 Complaint. Document filed by Lashanda Cavaness, L. M. R.. (Attachments: #1 Supplement Summons CVS Pharmacy, Inc.).(King, Rebecca) |
| Filing 30 CIVIL COVER SHEET filed..(King, Rebecca) |
| Filing 29 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - COMPLAINT against CVS Pharmacy Inc, Johnson & Johnson Consumer Inc.. Document filed by Lashanda Cavaness, L. M. R...(King, Rebecca) Modified on 1/23/2023 (gp). |
| Filing 28 NOTICE OF APPEARANCE by Nadine S. Kohane on behalf of CVS Pharmacy Inc., CVS Pharmacy Inc, CVS Health Corporation, CVS Health Corp.. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Kohane, Nadine) |
| 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 27 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 26 MEMO ENDORSEMENT on MOTION TO WITHDRAW BY CONSENT AND SUBSTITUTE COUNSEL PURSUANT TO LOCAL RULE 1.4: granting (312) Motion to Withdraw as Attorney. ; granting (33) Motion to Withdraw as Attorney; granting (25) Motion to Withdraw as Attorney. ENDORSEMENT: Granted. Attorney Khaldoun A. Baghdadi terminated in case 1:22-md-03043-DLC. Attorney Khaldoun A. Baghdadi terminated in case 1:22-cv-09992-DLC. Attorney Khaldoun A. Baghdadi terminated in case 1:22-cv-10258-DLC. (Signed by Judge Denise L. Cote on 1/06/2023) Filed In Associated Cases: 1:22-md-03043-DLC, 1:22-cv-09992-DLC, 1:22-cv-10258-DLC (ama) |
| Filing 25 MOTION for Khaldoun A. Baghdadi to Withdraw as Attorney . Document filed by Ashlynn Brown, Z. W., Lashanda Cavaness, L. M. R.. (Attachments: #1 Exhibit A: Declaration of Khaldoun A. Baghdadi, #2 Text of Proposed Order Granting Withdraw)Filed In Associated Cases: 1:22-md-03043-DLC, 1:22-cv-09992-DLC, 1:22-cv-10258-DLC.(Watts, Mikal) |
| Filing 24 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 23 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 22 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 21 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 20 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) |
| Filing 19 CASE TRANSFERRED IN from the United States District Court - District of California Northern; Case Number: 3:22-cv-05678. 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. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-md-03043-DLC. Notice of Assignment to follow. (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) |
| CONSOLIDATED MDL CASE: Create association to 1:22-md-03043-DLC. (vba) |
| Case Designated ECF. (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) |
Filing 18
CTO-7 ORDER TRANSFERRING CASE to USDC-Southern New York. Signed by Judge John W. Nichols on 11/23/22. (hdj, COURT STAFF) (Filed on 11/30/2022) [Transferred from California Northern on 12/2/2022.]
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| Filing 17 CLERK'S NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 12/29/2022. Initial Case Management Conference reset for 1/5/2023 at 1:30 p.m. before Judge Jacqueline Scott Corley via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsc Court Appearances: Advance d notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names must be sent to the CRD at jsccrd@cand.uscourts.gov no later than noon on 1/4/2023.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (ahm, COURT STAFF) (Filed on 11/15/2022) [Transferred from California Northern on 12/2/2022.] |
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Filing 16
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jacqueline Scott Corley for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.Signed by The Clerk on 11/15/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(jrs, COURT STAFF) (Filed on 11/15/2022) [Transferred from California Northern on 12/2/2022.]
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| Filing 15 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (wft, COURT STAFF) (Filed on 11/14/2022) [Transferred from California Northern on 12/2/2022.] |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lashanda Cavaness, L. M. R... (Baghdadi, Khaldoun) (Filed on 11/10/2022) [Transferred from California Northern on 12/2/2022.] |
| Filing 13 SUMMONS Returned Executed by Lashanda Cavaness, L. M. R.. CVS Pharmacy, Inc served on 10/31/2022, answer due 11/21/2022. (Baghdadi, Khaldoun) (Filed on 11/9/2022) [Transferred from California Northern on 12/2/2022.] |
| Filing 12 SECOND CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 11/18/2022. (k c, COURT STAFF) (Filed on 11/4/2022) [Transferred from California Northern on 12/2/2022.] |
| Filing 11 Summons Issued as to CVS Pharmacy, Inc. (hdj, COURT STAFF) (Filed on 10/24/2022) [Transferred from California Northern on 12/2/2022.] |
| Filing 10 Proposed Summons. (Baghdadi, Khaldoun) (Filed on 10/24/2022) [Transferred from California Northern on 12/2/2022.] |
| Filing 9 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 11/3/2022. (wft, COURT STAFF) (Filed on 10/20/2022) [Transferred from California Northern on 12/2/2022.] |
| Filing 8 Summons Returned Unexecuted by Lashanda Cavaness, L. M. R. as to CVS Pharmacy, Inc. (Baghdadi, Khaldoun) (Filed on 10/13/2022) [Transferred from California Northern on 12/2/2022.] |
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Filing 7
Order by Magistrate Judge Kandis A. Westmore granting #3 Motion to Appoint Guardian ad Litem ad Litem. (wft, COURT STAFF) (Filed on 10/6/2022) [Transferred from California Northern on 12/2/2022.]
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| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/27/2022. Initial Case Management Conference set for 1/3/2023 01:30 PM in Oakland, - To be determined. (hdj, COURT STAFF) (Filed on 10/4/2022) [Transferred from California Northern on 12/2/2022.] |
| #Electronic filing error. Case number is incorrect.This filing will not be processed by the clerks office.Please re-file in its entirety. Re: #2 Proposed Summons filed by L. M. R. , Lashanda Cavaness (hdj, COURT STAFF) (Filed on 10/4/2022) [Transferred from California Northern on 12/2/2022.] |
| Filing 5 Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/17/2022. (as, COURT STAFF) (Filed on 10/3/2022) [Transferred from California Northern on 12/2/2022.] |
| Filing 4 Civil Cover Sheet by Lashanda Cavaness, L. M. R. CORRECTION OF DOCKET #1-1. (Baghdadi, Khaldoun) (Filed on 10/3/2022) [Transferred from California Northern on 12/2/2022.] |
| Filing 3 MOTION to Appoint Guardian ad Litem filed by Lashanda Cavaness, L. M. R.. (Baghdadi, Khaldoun) (Filed on 10/3/2022) [Transferred from California Northern on 12/2/2022.] |
| Filing 2 Proposed Summons. (Baghdadi, Khaldoun) (Filed on 10/3/2022) [Transferred from California Northern on 12/2/2022.] |
| Filing 1 COMPLAINT against CVS Pharmacy, Inc ( Filing fee $ 402, receipt number ACANDC-17587825.). Filed byLashanda Cavaness, L. M. R.. (Attachments: #1 Civil Cover Sheet)(Baghdadi, Khaldoun) (Filed on 10/3/2022) [Transferred from California Northern on 12/2/2022.] |
| #Electronic filing error. Please resubmit Civil Cover Sheet. Use October 2020 form which can be downloaded from https://cand.uscourts.gov/. No judge assignment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet Re: #1 Complaint filed by L. M. R., Lashanda Cavaness (mbc, COURT STAFF) (Filed on 10/3/2022) [Transferred from California Northern on 12/2/2022.] |
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