Toth et al v. JUUL Labs, Inc et al
Plaintiff: Doreen Toth and Albert Toth
Defendant: R.J. Reynolds Tobacco Co., Japan Tobacco International USA, Inc., LOEC, Inc., Logic Technology Development, LLC, Reynolds American, Inc., Altria Group, Inc., PAX Labs, Inc., Philip Morris USA Inc., JUUL Labs, Inc, ITG Brands, LLC, Fontem US, Inc., JTI Holding (US), INC., British American Tobacco PLC and Imperial Brands, plc
Case Number: 7:2020cv08517
Filed: October 13, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Vincent L Briccetti
Nature of Suit: Tort Product Liability
Cause of Action: 28 U.S.C. § 1332 pl
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 2, 2020 Filing 36 ELECTRONIC SUMMONS ISSUED as to Imperial Brands, plc..(pc)
December 2, 2020 Filing 35 ELECTRONIC SUMMONS ISSUED as to British American Tobacco PLC..(pc)
December 2, 2020 Filing 34 ELECTRONIC SUMMONS ISSUED as to JTI Holding (US), INC...(pc)
December 1, 2020 Filing 33 CIVIL COVER SHEET filed..(Cannata Hendele, Alison)
December 1, 2020 Filing 32 REQUEST FOR ISSUANCE OF SUMMONS as to British American Tobacco, plc, re: #29 Amended Complaint,. Document filed by Albert Toth, Doreen Toth..(Cannata Hendele, Alison)
December 1, 2020 Filing 31 REQUEST FOR ISSUANCE OF SUMMONS as to JTI (US) Holdings, Inc., re: #29 Amended Complaint,. Document filed by Albert Toth, Doreen Toth..(Cannata Hendele, Alison)
December 1, 2020 Filing 30 REQUEST FOR ISSUANCE OF SUMMONS as to Imperial Brands plc, re: #29 Amended Complaint,. Document filed by Albert Toth, Doreen Toth..(Cannata Hendele, Alison)
December 1, 2020 Filing 29 FIRST AMENDED COMPLAINT amending #2 Complaint, against Altria Group, Inc., Fontem US, Inc., ITG Brands, LLC, JUUL Labs, Inc, Japan Tobacco International USA, Inc., LOEC, Inc., Logic Technology Development, LLC, Philip Morris USA Inc., R.J. Reynolds Tobacco Co., Reynolds American, Inc., British American Tobacco PLC, JTI Holding (US), INC., Imperial Brands, plc with JURY DEMAND.Document filed by Doreen Toth, Albert Toth. Related document: #2 Complaint,..(Cannata Hendele, Alison)
November 2, 2020 Opinion or Order Filing 28 STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT PAX LABS, INC. ONLY: NOW THEREFORE, the parties hereby stipulate and agree to the following: 1. Plaintiffs' claims against PAX Labs are hereby dismissed without prejudice, contingent on the following conditions: PAX Labs will maintain its litigation hold throughout the pendency of the litigation against defendant JUUL Labs, Inc. ("JUUL"); 3. PAX Labs will produce witnesses for deposition in this litigation against JUUL by notice only, without requiring a subpoena; 4. The statute of limitations for Plaintiffs' claims, and the claims of any additional named plaintiffs that may join this action arising out of substantially the same course of conduct as alleged, against PAX Labs will be tolled throughout the pendency of this litigation against JUUL; 5. Each party shall bear its own costs and fees. 6. These terms shall apply in any future litigation initiated by plaintiffs represented by Gregory J. Cannata & Associates, LLP against JUUL Labs, Inc. and whose claims arise out of substantially the same course of conduct as alleged in the above-captioned action, on the condition that those plaintiffs not name PAX Labs as a defendant to those actions and Plaintiffs' counsel provides PAX Labs with prompt notice of any action against JUUL Labs, Inc. to which it contends these terms apply; 7. This dismissal without prejudice shall not affect Plaintiffs' claims against any other party. SO ORDERED. PAX Labs, Inc. terminated. (Signed by Judge Vincent L. Briccetti on 11/2/2020) (mml)
November 2, 2020 Filing 27 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) PAX Labs, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Doreen Toth, Albert Toth. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Cannata Hendele, Alison)
November 2, 2020 Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) PAX Labs, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Doreen Toth, Albert Toth. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Cannata Hendele, Alison) Modified on 11/2/2020 (km).
November 2, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Alison Cannata Hendele. RE-FILE Document No. #26 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (ink signatures). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km)
November 2, 2020 ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #27 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Vincent L. Briccetti 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. (km)
October 14, 2020 Filing 25 CIVIL COVER SHEET filed..(Cannata Hendele, Alison)
October 14, 2020 Filing 24 ELECTRONIC SUMMONS ISSUED as to R.J. Reynolds Tobacco Co...(gp)
October 14, 2020 Filing 23 ELECTRONIC SUMMONS ISSUED as to Reynolds American, Inc...(gp)
October 14, 2020 Filing 22 ELECTRONIC SUMMONS ISSUED as to Philip Morris USA Inc...(gp)
October 14, 2020 Filing 21 ELECTRONIC SUMMONS ISSUED as to PAX Labs, Inc...(gp)
October 14, 2020 Filing 20 ELECTRONIC SUMMONS ISSUED as to Logic Technology Development, LLC..(gp)
October 14, 2020 Filing 19 ELECTRONIC SUMMONS ISSUED as to LOEC, Inc...(gp)
October 14, 2020 Filing 18 ELECTRONIC SUMMONS ISSUED as to JUUL Labs, Inc..(gp)
October 14, 2020 Filing 17 ELECTRONIC SUMMONS ISSUED as to Japan Tobacco International USA, Inc...(gp)
October 14, 2020 Filing 16 ELECTRONIC SUMMONS ISSUED as to ITG Brands, LLC..(gp)
October 14, 2020 Filing 15 ELECTRONIC SUMMONS ISSUED as to Fontem US, Inc...(gp)
October 14, 2020 Filing 14 ELECTRONIC SUMMONS ISSUED as to Altria Group, Inc...(gp)
October 14, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alison Cannata Hendele. The following case opening statistical information was erroneously selected/entered: Dollar Demand $10,000,000,000;. The following correction(s) have been made to your case entry the Dollar Demand has been modified to 9999. (gp)
October 14, 2020 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Alison Cannata Hendele. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp)
October 14, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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)
October 14, 2020 Case Designated ECF. (gp)
October 14, 2020 Magistrate Judge Judith C. McCarthy 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)
October 13, 2020 Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to R.J. Reynolds Tobacco Company, re: #2 Complaint,. Document filed by Albert Toth, Doreen Toth..(Cannata Hendele, Alison)
October 13, 2020 Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Reynolds American, Inc., re: #2 Complaint,. Document filed by Albert Toth, Doreen Toth..(Cannata Hendele, Alison)
October 13, 2020 Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Philip Morris USA, Inc., re: #2 Complaint,. Document filed by Albert Toth, Doreen Toth..(Cannata Hendele, Alison)
October 13, 2020 Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to PAX Labs, Inc., re: #2 Complaint,. Document filed by Albert Toth, Doreen Toth..(Cannata Hendele, Alison)
October 13, 2020 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Logic Technology Development, LLC, re: #2 Complaint,. Document filed by Albert Toth, Doreen Toth..(Cannata Hendele, Alison)
October 13, 2020 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to LOEC, Inc., re: #2 Complaint,. Document filed by Albert Toth, Doreen Toth..(Cannata Hendele, Alison)
October 13, 2020 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to JUUL Labs, Inc., re: #2 Complaint,. Document filed by Albert Toth, Doreen Toth..(Cannata Hendele, Alison)
October 13, 2020 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Japan Tobacco International USA, Inc., re: #2 Complaint,. Document filed by Albert Toth, Doreen Toth..(Cannata Hendele, Alison)
October 13, 2020 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to ITG Brands, LLC, re: #2 Complaint,. Document filed by Albert Toth, Doreen Toth..(Cannata Hendele, Alison)
October 13, 2020 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Fontem US, Inc., re: #2 Complaint,. Document filed by Albert Toth, Doreen Toth..(Cannata Hendele, Alison)
October 13, 2020 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Altria Group, Inc., re: #2 Complaint,. Document filed by Albert Toth, Doreen Toth..(Cannata Hendele, Alison)
October 13, 2020 Filing 2 COMPLAINT against Altria Group, Inc., Fontem US, Inc., ITG Brands, LLC, JUUL Labs, Inc, Japan Tobacco International USA, Inc., LOEC, Inc., Logic Technology Development, LLC, PAX Labs, Inc., Philip Morris USA Inc., R.J. Reynolds Tobacco Co., Reynolds American, Inc.. Document filed by Doreen Toth, Albert Toth..(Cannata Hendele, Alison)
October 13, 2020 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against All Plaintiffs. (Filing Fee $ 400.00, Receipt Number ANYSDC-22108675)Document filed by Doreen Toth, Albert Toth..(Cannata Hendele, Alison) Modified on 10/14/2020 (gp).

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Defendant: R.J. Reynolds Tobacco Co.
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Defendant: Japan Tobacco International USA, Inc.
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Defendant: LOEC, Inc.
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Defendant: Logic Technology Development, LLC
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Defendant: Reynolds American, Inc.
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Defendant: Altria Group, Inc.
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Defendant: PAX Labs, Inc.
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Defendant: Philip Morris USA Inc.
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Defendant: JUUL Labs, Inc
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Defendant: ITG Brands, LLC
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Defendant: Fontem US, Inc.
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Defendant: JTI Holding (US), INC.
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Defendant: British American Tobacco PLC
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Defendant: Imperial Brands, plc
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Plaintiff: Doreen Toth
Represented By: Alison Cannata Hendele
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Plaintiff: Albert Toth
Represented By: Alison Cannata Hendele
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