Bryant et al v. Johnson & Johnson Consumer, Inc. et al
| Amber Bryant and A.C. |
| Johnson & Johnson Consumer, Inc., CVS Pharmacy, Inc., The Kroger Co., Rite Aid Corporation, Target Corporation and Walgreen Co. |
| 1:2023cv03141 |
| April 14, 2023 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 ct Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. (686 in 1:22-md-03043-DLC) MOTION for Luke Bosso 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): the filing fee was not paid. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. Filed In Associated Cases: 1:22-md-03043-DLC et al.(va) |
| Filing 28 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/15/2023 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 27 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/15/2023 before Judge Denise L. Cote. Court Reporter/Transcriber: Patricia Nilsen, (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 6/21/2023. Redacted Transcript Deadline set for 7/3/2023. Release of Transcript Restriction set for 8/29/2023.Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly) |
Filing 26
ORDER granting Motion for Tessa Cuneo to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) Filed In Associated Cases: 1:22-md-03043-DLC, 1:23-cv-03141-DLC (jwh)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (642 in 1:22-md-03043-DLC, 25 in 1:23-cv-03141-DLC) MOTION for Tessa Cuneo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-27760082. 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, 1:23-cv-03141-DLC(sgz) |
| Filing 25 MOTION for Tessa Cuneo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-27760082. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A.C., Amber Bryant. (Attachments: #1 Affidavit Declaration of Tessa Cuneo in Support of Motion, #2 Exhibit Supreme Court of Minnesota Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:22-md-03043-DLC, 1:23-cv-03141-DLC.(Cuneo, Tessa) |
| Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Tessa Cuneo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-27740439. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A.C., Amber Bryant. (Attachments: #1 Affidavit Declaration of Tessa Cuneo in Support of Motion, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:22-md-03043-DLC, 1:23-cv-03141-DLC.(Cuneo, Tessa) Modified on 5/15/2023 (sgz). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (636 in 1:22-md-03043-DLC) MOTION for Tessa Cuneo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-27740439. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): the motion was not signed; expired Certificate of Good Standing from Supreme Court of Minnesota. 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, 1:23-cv-03141-DLC(sgz) |
| >>>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) |
| Filing 23 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). |
| Filing 22 NOTICE OF APPEARANCE by Sarah Johnston on behalf of Johnson & Johnson Consumer Inc, Johnson & Johnson Consumer Inc., Johnson & Johnson Consumer, Inc.. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Johnston, Sarah) |
| Filing 21 NOTICE OF APPEARANCE by Nadine S. Kohane on behalf of Walgreen Co., Walgreen Co.. Filed In Associated Cases: 1:22-md-03043-DLC, 1:23-cv-02239-DLC, 1:23-cv-02944-DLC, 1:23-cv-03123-DLC, 1:23-cv-03141-DLC.(Kohane, Nadine) |
| Filing 20 NOTICE OF APPEARANCE by Nadine S. Kohane on behalf of CVS Pharmacy Inc, CVS Pharmacy, Inc.. Filed In Associated Cases: 1:22-md-03043-DLC, 1:23-cv-02239-DLC, 1:23-cv-03141-DLC.(Kohane, Nadine) |
| Filing 19 NOTICE OF APPEARANCE by Karen Guyder Felter on behalf of Rite Aid Corporation..(Felter, Karen) |
| Filing 18 NOTICE OF APPEARANCE by David Michael-Gregory Katz on behalf of Rite Aid Corporation..(Katz, David) |
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Filing 17
ORDER granting (580) Motion for Alexandra Robertson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) Filed In Associated Cases: 1:22-md-03043-DLC, 1:23-cv-03141-DLC (jwh)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (16 in 1:23-cv-03141-DLC, 580 in 1:22-md-03043-DLC) MOTION for Alexandra Robertson to Appear Pro Hac Vice. 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, 1:23-cv-03141-DLC(va) |
| Filing 16 MOTION for Alexandra Robertson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A.C., Amber Bryant, Amber Bryant(as guardian on behalf of plaintiff child). (Attachments: #1 Affidavit Declaration of Alexandra Robertson, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:22-md-03043-DLC, 1:23-cv-03141-DLC.(Robertson, Alexandra) |
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Filing 15
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 14 ELECTRONIC SUMMONS ISSUED as to Target Corporation..(gp) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Walgreen Co...(gp) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to The Kroger Co...(gp) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Rite Aid Corporation..(gp) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to CVS Pharmacy, Inc...(gp) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Johnson & Johnson Consumer, Inc...(gp) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Amber Bryant added. Party added pursuant to #1 Complaint,.Document filed by Amber Bryant. Related document: #1 Complaint,..(Robertson, Alexandra) |
| 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..(gp) |
| CONSOLIDATED MDL CASE: Create association to 1:22-md-03043-DLC. (vfr) |
| 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. (gp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alexandra Whitney Robertson 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 (Amber Bryant - Individually). Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (gp) |
| Case Designated ECF. (gp) |
| Transmission to Office of the Clerk of Court. Transmitted re: #1 Complaint,, to the Office of the Clerk of Court for processing..(gp) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Walgreen Co., re: #1 Complaint,. Document filed by A.C., Amber Bryant..(Robertson, Alexandra) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to The Kroger Co., re: #1 Complaint,. Document filed by A.C., Amber Bryant..(Robertson, Alexandra) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Target Corporation, re: #1 Complaint,. Document filed by A.C., Amber Bryant..(Robertson, Alexandra) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Rite Aid Corporation, re: #1 Complaint,. Document filed by A.C., Amber Bryant..(Robertson, Alexandra) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to CVS Pharmacy, Inc., re: #1 Complaint,. Document filed by A.C., Amber Bryant..(Robertson, Alexandra) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Johnson & Johnson Consumer, Inc., re: #1 Complaint,. Document filed by A.C., Amber Bryant..(Robertson, Alexandra) |
| Filing 2 CIVIL COVER SHEET filed..(Robertson, Alexandra) |
| Filing 1 COMPLAINT against CVS Pharmacy, Inc., Johnson & Johnson Consumer, Inc., Rite Aid Corporation, Target Corporation, The Kroger Co., Walgreen Co.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27609834)Document filed by A.C., Amber Bryant..(Robertson, Alexandra) |
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