Hernandez et al v. Johnson & Johnson Consumer Inc. et al
| Vanessa Hernandez and J. H. |
| JOHNSON & JOHNSON CONSUMER INC. (f/k/a Johnson & Johnson Consumer Companies Inc.), Target Corporation, Walmart Inc. and Johnson & Johnson Consumer Inc. |
| 1:2023cv08234 |
| September 18, 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 pl Diversity-Product Liability |
| Plaintiff |
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Filing 15
ORDER granting (1318) Letter Motion to Seal in case 1:22-md-03043-DLC. Granted. (Signed by Judge Denise L. Cote on 10/30/2023) Filed In Associated Cases: 1:22-md-03043-DLC et al. (vfr)
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| Filing 14 MEMO ENDORSEMENT on re: (1329 in 1:22-md-03043-DLC) Letter filed by Plaintiffs Counsel. ENDORSEMENT: The Court will not require the parties' attendance on December 5. (Signed by Judge Denise L. Cote on 10/30/2023) Filed In Associated Cases: 1:22-md-03043-DLC et al. (vfr) |
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Filing 13
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(l)(A)(i). Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiffs, Vanessa Hernandez, individually and as mother and general guardian of J.H., and J.H., a minor, hereby give notice of their voluntary dismissal of all claims in this action without prejudice. Each party shall bear its own cost and fees. So Ordered. (Signed by Judge Denise L. Cote on 10/10/23) Filed In Associated Cases: 1:22-md-03043-DLC, 1:23-cv-08234-DLC (yv)
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| Filing 12 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/4/2023 before Judge Denise L. Cote. Court Reporter/Transcriber: Sharonda Jones, (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 10/31/2023. Redacted Transcript Deadline set for 11/13/2023. Release of Transcript Restriction set for 1/8/2024.Filed In Associated Cases: 1:22-md-03043-DLC et al..(McGuirk, Kelly) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. (1227 in 1:22-md-03043-DLC, 11 in 1:23-cv-08234-DLC) Notice of Voluntary Dismissal, was reviewed and referred to Judge Denise L. Cote for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. Filed In Associated Cases: 1:22-md-03043-DLC, 1:23-cv-08234-DLC. (tp) |
| Filing 11 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Johnson & Johnson Consumer Inc., Target Corporation, Walmart Inc.. Document filed by Vanessa Hernandez, J. H.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. Filed In Associated Cases: 1:22-md-03043-DLC, 1:23-cv-08234-DLC.(Emison, Brett) |
| Filing 10 ACKNOWLEDGMENT OF SERVICE Summons and Amended Complaint, Complaint, served. Target Corporation served on 9/22/2023, answer due 10/13/2023. Document filed by Vanessa Hernandez(Individually); J. H.; Vanessa Hernandez(as Mother and General Guardian of J.H., a Minor )..(Emison, Brett) |
| Filing 9 NOTICE OF APPEARANCE by Sarah Johnston on behalf of Johnson & Johnson Consumer Inc., Johnson & Johnson Consumer, Inc., Johnson and Johnson Consumer, Inc.. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Johnston, Sarah) |
| Filing 8 ACKNOWLEDGMENT OF SERVICE Summons and Amended Complaint, Complaint, served. Johnson & Johnson Consumer Inc. served on 9/19/2023, answer due 10/10/2023. Document filed by Vanessa Hernandez(Individually); J. H.; Vanessa Hernandez(as Mother and General Guardian of J.H., a Minor )..(Emison, Brett) |
| Filing 7 ACKNOWLEDGMENT OF SERVICE Summons and Amended Complaint, Complaint, served. Walmart Inc. served on 9/19/2023, answer due 10/10/2023. Document filed by Vanessa Hernandez(Individually); J. H.; Vanessa Hernandez(as Mother and General Guardian of J.H., a Minor )..(Emison, Brett) |
| Filing 6 FIRST AMENDED COMPLAINT amending #1 Complaint, against Johnson & Johnson Consumer Inc., Target Corporation, Walmart Inc. with JURY DEMAND.Document filed by Vanessa Hernandez(Individually), J. H., Vanessa Hernandez(as Mother and General Guardian of J.H., a Minor ). Related document: #1 Complaint,..(Emison, Brett) |
| Filing 5 NOTICE OF APPEARANCE by Brett A. Emison on behalf of J. H., Vanessa Hernandez(Individually), Vanessa Hernandez(as Mother and General Guardian of J.H., a Minor )..(Emison, Brett) |
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Filing 4
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. 5:22cv5108 (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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| CASE ACCEPTED AS RELATED. Create association to 1:22-md-03043-DLC. Notice of Assignment to follow. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brett A. Emison. The party information for the following party/parties has been modified: JOHNSON & JOHNSON CONSUMER INC. (f/k/a Johnson & Johnson Consumer Companies Inc.). The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party name entered incorrectly. (vf) |
| 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) |
| 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) |
| CONSOLIDATED MDL CASE: Create association to 1:22-md-03043-DLC. (vfr) |
| Transmission to Office of the Clerk of Court. Transmitted re: #1 Complaint,, to the Office of the Clerk of Court for processing. (vf) |
| Case Designated ECF. (vf) |
| Filing 3 NOTICE OF APPEARANCE by Brett A. Emison on behalf of J. H., Vanessa Hernandez(Individually), Vanessa Hernandez(as Mother and General Guardian of J.H., a Minor )..(Emison, Brett) |
| Filing 2 CIVIL COVER SHEET filed..(Emison, Brett) |
| Filing 1 COMPLAINT against JOHNSON & JOHNSON CONSUMER INC. (f/k/a Johnson & Johnson Consumer Companies Inc.), Target Corporation, Walmart Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28303768)Document filed by Vanessa Hernandez(Individually), J. H., Vanessa Hernandez(as Mother and General Guardian of J.H., a Minor )..(Emison, Brett) |
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