Walker v. Johnson & Johnson Consumer, Inc. et al
| Whitney Walker and M. W. |
| Johnson & Johnson Consumer, Inc., Walmart, Inc. and CVS Pharmacy, Inc. |
| 1:2023cv02442 |
| March 22, 2023 |
| 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 ct Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 22, 2024. A more recent docket listing may be available from PACER.
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Filing 17
AMENDED COMPLAINT amending #1 Complaint against CVS Pharmacy, Inc., Johnson & Johnson Consumer, Inc., Walmart, Inc. with JURY DEMAND.Document filed by M. W., Whitney Walker. Related document: #1 Complaint..(Baughman, Laura)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (619 in 1:22-md-03043-DLC) MOTION for Keith Rozanski 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): Only spread your motion to the cases your motion relates to. All cases are not to be selected.;. 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.(dsh)
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Filing 16
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Keith Rozanski to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Big Lots. (Attachments: #1 Affidavit of Keith Rozanski, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:22-md-03043-DLC et al..(Rozanski, Keith) Modified on 5/5/2023 (dsh). Modified on 5/9/2023 (dsh).
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Filing 15
NOTICE of WITHDRAWAL OF APPEARANCE. Document filed by L.N.K. International, Inc.. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Frenchman, Kenneth)
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ADD PARTY FOR PLEADING. Plaintiffs/Petitioners M. W. added. Party added pursuant to #1 Complaint.Document filed by M. W.. Related document: #1 Complaint..(Baughman, Laura)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Walmart, Inc...(jgo)
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Filing 13
ELECTRONIC SUMMONS ISSUED as to Johnson & Johnson Consumer, Inc...(jgo)
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Filing 12
ELECTRONIC SUMMONS ISSUED as to CVS Pharmacy, Inc...(jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Laura J Baughman re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add M.W.. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo)
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Filing 11
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. (Signed by Judge Denise L. Cote on 10/18/2022) (vfr)
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to Walmart, Inc., re: #1 Complaint. Document filed by Whitney Walker..(Baughman, Laura)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to CVS Pharmacy, Inc., re: #1 Complaint. Document filed by Whitney Walker..(Baughman, Laura)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Johnson & Johnson Consumer, Inc., re: #1 Complaint. Document filed by Whitney Walker..(Baughman, Laura)
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Filing 7
CIVIL COVER SHEET filed..(Baughman, Laura)
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Filing 6
STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:22-md-3043. Document filed by Whitney Walker..(Baughman, Laura)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Laura J Baughman to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct. The 2nd page of Form is not provided. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Laura J Baughman. The party information for the following party/parties has been modified: Whitney Walker. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
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ADD PARTY FOR PLEADING. Defendants/Respondents Johnson & Johnson Consumer, Inc., Walmart, Inc., CVS Pharmacy, Inc. added. Party added pursuant to #1 Complaint.Document filed by Whitney Walker. Related document: #1 Complaint..(Baughman, Laura)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Laura J Baughman re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading(M.W.; CVS Pharmacy, Inc.) were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. (vf)
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CONSOLIDATED MDL CASE: Create association to 1:22-md-03043-DLC. (vfr)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Laura J Baughman to RE-FILE Document No. #3 Statement of Relatedness. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the related case statement is not correct; Related Case Number Error reflected on Form and ECF docket entry. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action 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..(vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Laura J Baughman to RE-FILE Document No. #4 Request for Issuance of Summons, #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summons Caption Error. Plaintiff party text listed on Summons Caption does not correspond exactly to pleading caption. 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. (vf)
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Case Designated ECF. (vf)
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Transmission to Office of the Clerk of Court. Transmitted re: #1 Complaint, to the Office of the Clerk of Court for processing. (vf)
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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. (vf)
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Filing 5
FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Walmart, Inc., re: #1 Complaint. Document filed by Whitney Walker..(Baughman, Laura) Modified on 3/23/2023 (vf).
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Filing 4
FILING ERROR - DEFICIENT- SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Johnson & Johnson Consumer, Inc., re: #1 Complaint. Document filed by Whitney Walker..(Baughman, Laura) Modified on 3/23/2023 (vf). Modified on 3/23/2023 (vf).
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Filing 3
FILING ERROR - PDF ERROR - STATEMENT OF RELATEDNESS re: that this action be filed as related to 22-mc-03043. Document filed by Whitney Walker..(Baughman, Laura) Modified on 3/23/2023 (vf).
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Baughman, Laura) Modified on 3/23/2023 (vf).
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Filing 1
COMPLAINT against Johnson & Johnson Consumer, Inc., Walmart, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27505960)Document filed by Whitney Walker..(Baughman, Laura)
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