Ferguson v. The J.M. Smucker Company
| Tyneisha Ferguson |
| The J.M. Smucker Company and J.M. Smucker Company |
| 5:2022cv01547 |
| September 1, 2022 |
| US District Court for the Northern District of Ohio |
| John R Adams |
| Sara Lioi |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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Filing 39
Order: Counsel shall file all pleadings and documents pertaining to any of these consolidated matters ONLY under case number 5:22CV885 and NOT in the other individually filed matters, 5:22CV1151, 5:22CV1523, 5:22CV1547, and 5:22CV1549. Any filing occurring in these other matters shall be stricken by the Court. Based upon the order of consolidation, case numbers 5:22CV1151, 5:22CV1523, 5:22CV1547, and 5:22CV1549 are hereby administratively CLOSED. The clerk shall add the plaintiffs and their counsel from 5:22CV1151, 5:22CV1523, 5:22CV1547, and 5:22CV1549 to the docket in 5:22CV885 to facilitate future filings. Judge John R. Adams on 9/29/2022. Associated Cases: 5:22-cv-00885-JRA, 5:22-cv-01151-JRA, 5:22-cv-01523-JRA, 5:22-cv-01547-JRA, 5:22-cv-01549-JRA (O,K)
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| Filing 38 Attorney Appearance by Jeffrey D. Blake filed by on behalf of Tyneisha Ferguson. (Blake, Jeffrey) |
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Order [non-document] granting defendant's Motion for appearance pro hac vice by Ronald Y. Rothstein for J.M. Smucker Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #26 ). Judge John R. Adams on 9/23/2022. (O,K) Modified text on 9/23/2022 (O,K).
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Order [non-document] granting plaintiff's Motion for appearance pro hac vice by Jeffrey D. Blake for Tyneisha Ferguson. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #37 ). Judge John R. Adams on 9/23/2022. (O,K) Modified text on 9/23/2022 (O,K).
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| Filing 37 Motion for attorney Jeffrey D. Blake to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11628680, filed by Plaintiff Tyneisha Ferguson. (Attachments: #1 Proposed Order Granting Pro Hac Vice Admission to Blake)(Dann, Marc) |
| Filing 36 Marginal Entry Order granting Defendant's Motion to withdraw as attorney, attorney Palmer G. Vance, II removed from case. (Related Doc #35 ). Judge John R. Adams on 9/16/2022.(L,J) |
| Filing 35 Motion by Palmer G. Vance II to withdraw as attorney filed by Defendant J.M. Smucker Company. (Rothstein, Ronald) |
| Filing 34 Marginal Entry Order granting Plaintiff's Motion to withdraw as attorney, attorney Matthew C. De Re removed from case. (Related Doc #32 ). Judge John R. Adams on 9/14/2022.(L,J) |
| Filing 33 Marginal Entry Order granting Plaintiff's Motion to withdraw as attorney, attorney Sharon A. Harris removed from case. (Related Doc #31 ). Judge John R. Adams on 9/14/2022.(L,J) |
| Filing 32 Motion by Matthew C. De Re to withdraw as attorney filed by Plaintiff Tyneisha Ferguson. (Attachments: #1 Proposed Order)(Zimmerman, Thomas) |
| Filing 31 Motion by Sharon A. Harris to withdraw as attorney filed by Plaintiff Tyneisha Ferguson. (Attachments: #1 Proposed Order)(Zimmerman, Thomas) |
| Filing 30 Marginal Entry Order granting #29 Defendant's Motion for Extension of Time to Answer. J.M. Smucker Company answer due 30 days after the filing of a consolidated complaint. Judge John R. Adams on 9/13/2022.(L,J) |
| Notice to Attorney Palmer G. Vance, II. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Sharon A. Harris. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Jeffrey D. Blake. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Matthew C. De Re. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Filing 29 Unopposed Motion for extension of time to answer or Otherwise Plead filed by Defendant J.M. Smucker Company. Related document(s) #1 . (Attachments: #1 Proposed Order)(Rothstein, Ronald) |
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Filing 28
Order that the parties herein are ordered to show cause why the above-captioned five matters should not be consolidated for all pretrial proceedings up through and including any dispositive motion practice. Any party objecting to consolidation shall file its opposition by no later than September 16, 2022. Judge John R. Adams on 9/9/2022. (L,J)
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Filing 27
Order: Pursuant to L.R. 3.1(b)(3), and with the agreement of both the transferor and transferee judges, the case is transferred to the docket of Judge John R. Adams, U.S. District Court for the Northern District of Ohio, as related to Naythan A. Ward v. J.M. Smucker Company, Case Number 5:22-cv-885 and Joe Pisciotti v. J.M. Smucker Company, Case Number 5:22-cv-1151. Judge Sara Lioi on 9/6/2022. (O,K)
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| Judge John R. Adams assigned to case, Judge Sara Lioi terminated. (M,TL) |
| Filing 26 Motion for attorney Ronald Y. Rothstein to Appear Pro Hac Vice. Filing fee $ 120, receipt number COHNDC-11596756, filed by Defendant The J.M. Smucker Company. (Attachments: #1 Declaration of Ronald Y. Rothstein in Support of the Motion for Admission Pro Hac Vice, #2 Proposed Order)(Rothstein, Ronald) |
| Filing 25 Magistrate Consent Form issued. (M,CE) |
| Filing 24 CASE TRANSFERRED IN from District of Kentucky Eastern. Case number 5:22-cv-00173. Electronic file, transfer order and docket sheet received. Modified on 9/1/2022 (M,CE). |
| Judge Sara Lioi assigned to case. (M,CE) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Amanda M. Knapp. (M,CE) |
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Filing 23
ORDER: 1. Defendant The J.M. Smucker Company's Unopposed Motion to Transfer Venue #22 is GRANTED; and 2. This matter shall be TRANSFERRED to the Northern District of Ohio for all further proceedings & to be consolidated with Ward v. The J. M. Smucker Co., No. 5:22-cv-00885 (N.D. Ohio) and Pisciotti v. The J. M. Smucker Co., No. 5:22-cv-01151 (N.D. Ohio), currently pending before Judge John R. Adams.. Signed by Judge Gregory F. Van Tatenhove on 8/29/2022.(KM)cc: CORand Daniel Solar, Jeffrey Blake, Marc Dann, Matthew De Re, Michael Smith, Sharon Harris by US Mail [Transferred from kyed on 9/1/2022.]
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #22 UNOPPOSED MOTION to Change Venue by The J.M. Smucker Company Pursuant to 28 U.S.C. 1404(A) (KM) [Transferred from kyed on 9/1/2022.] |
| Filing 22 UNOPPOSED MOTION to Change Venue by The J.M. Smucker Company Pursuant to 28 U.S.C. 1404(A) (Attachments: #1 Proposed Order)(Rothstein, Ronald) [Transferred from kyed on 9/1/2022.] |
| Filing 21 SUMMONS RETURNED by Tyneisha Ferguson: SERVICE BY SECRETARY OF STATE to The J.M. Smucker Company COMPLETED on 8/17/2022. Secretary of State return states Certified Mail, Return Receipt Requested. (Attachments: #1 Cover Letter)(JER) [Transferred from kyed on 9/1/2022.] |
| Filing 20 NOTICE OF APPEARANCE by Tyneisha Ferguson. (Solar, Daniel) [Transferred from kyed on 9/1/2022.] |
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Filing 19
ORDER: granting #18 Motion to Appear Pro Hac Vice for Daniel M. Solar. Signed by Judge Gregory F. VanTatenhove on 8/12/22. (JLM)cc: COR and Daniel M. Solar by US Mail [Transferred from kyed on 9/1/2022.]
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| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Daniel M. Solar: re #19 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Daniel M. Solar (JLM) [Transferred from kyed on 9/1/2022.] |
| BAR STATUS Check completed as to Daniel M. Solar re #18 MOTION for Daniel M. Solar to Appear Pro Hac Vice by Tyneisha Ferguson (Filing fee $125; receipt number AKYEDC-5335024). (KM) [Transferred from kyed on 9/1/2022.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #18 MOTION for Daniel M. Solar to Appear Pro Hac Vice by Tyneisha Ferguson (Filing fee $125; receipt number AKYEDC-5335024) (KM) [Transferred from kyed on 9/1/2022.] |
| ***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: #4 Notice to Attorney - No response from Attorneys Jeffrey D. Blake, Marc E. Dann, Mathew C. De Re, Michal A. Smith, Jr., Sharon A. Harris (KM) [Transferred from kyed on 9/1/2022.] |
| Filing 18 MOTION for Daniel M. Solar to Appear Pro Hac Vice by Tyneisha Ferguson ( Filing fee $125; receipt number AKYEDC-5335024) (Attachments: #1 Proposed Order Proposed Order Granting Pro Hac Vice Admission to Solar)(Flick, Brian) [Transferred from kyed on 9/1/2022.] |
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Filing 17
ORDER: The J.M. Smucker Company's #15 MOTION for Extension of Time is GRANTED; and 2. The J.M. Smucker Company shall answer or otherwise plead in response to the Complaint on or before 9/19/2022. Signed by Judge Gregory F. Van Tatenhove on 7/22/2022.(KM)cc: COR [Transferred from kyed on 9/1/2022.]
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| Filing 16 AMENDED FRCP 7.1 DISCLOSURE STATEMENT by The J.M. Smucker Company. (Vance, Palmer) [Transferred from kyed on 9/1/2022.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #15 UNOPPOSED MOTION for Extension of Time by The J.M. Smucker Company to Answer or Otherwise Plead (KM) [Transferred from kyed on 9/1/2022.] |
| Filing 15 UNOPPOSED MOTION for Extension of Time by The J.M. Smucker Company to Answer or Otherwise Plead (Attachments: #1 Proposed Order)(Vance, Palmer) [Transferred from kyed on 9/1/2022.] |
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Filing 14
ORDER: GRANTING #9 Motion to Appear Pro Hac Vice for Ronald Y. Rothstein. Signed by Judge Gregory F. VanTatenhove on 07/18/2022. (JER)cc: COR [Transferred from kyed on 9/1/2022.]
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| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Ronald Y. Rothstein: A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Ronald Y. Rothstein (JER) [Transferred from kyed on 9/1/2022.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #9 MOTION for Ronald Y. Rothstien to Appear Pro Hac Vice by The J.M. Smucker Company (Filing fee $125; receipt number AKYEDC-5311114) (KM) [Transferred from kyed on 9/1/2022.] |
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Filing 13
ORDER: This case is reassigned to Judge Gregory F. VanTatenhove for all further proceedings. Signed by Judge Karen K. Caldwell on 7/14/2022.(KM)cc: COR [Transferred from kyed on 9/1/2022.]
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Filing 11
ORDER: pursuant to paragraph 5(D) of this Court's Case Assignment and Recusal Order filed December 6, 2021, this action is REASSIGNED by random draw to another District Judge assigned to accept civil cases in Lexington. Signed by Judge Danny C. Reeves on 7/13/2022. Judge Danny C. Reeves recused. Case reassigned to Judge Karen K. Caldwell for all further proceedings(STC)cc: COR [Transferred from kyed on 9/1/2022.]
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| Filing 10 FRCP 7.1 DISCLOSURE STATEMENT by The J.M. Smucker Company. (Vance, Palmer) [Transferred from kyed on 9/1/2022.] |
| Filing 9 MOTION for Ronald Y. Rothstein to Appear Pro Hac Vice by The J.M. Smucker Company ( Filing fee $125; receipt number AKYEDC-5311114) (Attachments: #1 Affidavit Affidavit of Ronald Y. Rothstein, #2 Attachment Certificate of Good Standing, #3 Proposed Order)(Vance, Palmer) Modified text on 7/13/2022 (KM). [Transferred from kyed on 9/1/2022.] |
| Filing 8 NOTICE of Appearance by Palmer G. Vance, II on behalf of The J.M. Smucker Company (Vance, Palmer) [Transferred from kyed on 9/1/2022.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #9 MOTION for Ronald Y. Robinson to Appear Pro Hac Vice by The J.M. Smucker Company ( Filing fee $125; receipt number AKYEDC-5311114) (KM) [Transferred from kyed on 9/1/2022.] |
| BAR STATUS Check completed as to Ronald Y. Rothstein re #9 MOTION for Ronald Y. Robinson to Appear Pro Hac Vice by The J.M. Smucker Company (Filing fee $125; receipt number AKYEDC-5311114). (KM) [Transferred from kyed on 9/1/2022.] |
| Filing 7 NOTICE of Appearance by Thomas A. Zimmerman, Jr on behalf of Tyneisha Ferguson (Zimmerman, Thomas) [Transferred from kyed on 9/1/2022.] |
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Filing 6
ORDER: #5 Motion to Appear Pro Hac Vice for Thomas A. Zimmerman, Jr. as to Tyneisha Ferguson is GRANTED. Signed by Judge Danny C. Reeves on 7/7/2022. (STC)cc: COR [Transferred from kyed on 9/1/2022.]
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| Filing 5 MOTION for Thomas A. Zimmerman, Jr. to Appear Pro Hac Vice by Tyneisha Ferguson ( Filing fee $125; receipt number AKYEDC-5306037) (Attachments: #1 Affidavit Affidavit of Thomas A. Zimmerman, Jr., #2 Proposed Order Proposed Order for Admission Pro Hac Vice of Thomas A. Zimmerman, Jr.)(Flick, Brian) [Transferred from kyed on 9/1/2022.] |
| BAR STATUS Check completed as to Thomas A. Zimmerman, Jr re #5 MOTION for Thomas A. Zimmerman, Jr. to Appear Pro Hac Vice by Tyneisha Ferguson ( Filing fee $125; receipt number AKYEDC-5306037). (STC) [Transferred from kyed on 9/1/2022.] |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Thomas A. Zimmerman, Jr.: re #6 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Thomas A. Zimmerman, Jr. (STC) [Transferred from kyed on 9/1/2022.] |
| Filing 4 NOTICE TO ATTORNEY Marc E. Dann, Michael A. Smith, Jr., Thomas A. Zimmerman, Jr. Sharon A. Harris, Matthew C. De Re, Jeffrey D. Blake by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 Attorney Notice, #2 Local Rule and App)(JLM) [Transferred from kyed on 9/1/2022.] |
| Filing 3 Summons Issued as to The J.M. Smucker Company; Summons issued and returned to counsel by U.S. Mail for service by Secretary of State. (JLM) [Transferred from kyed on 9/1/2022.] |
| Filing 1 COMPLAINT ( Filing fee $402; receipt number AKYEDC-5300449), filed by Tyneisha Ferguson. (Attachments: #1 Exhibit A-J.M. Smucker Co. Company Announcement, #2 Exhibit B-Outbreak Investigation of Salmonella: Peanut Butter (May 2022), #3 Exhibit C-JM Smucker 2022 Recalls, #4 Civil Cover Sheet)(JLM) [Transferred from kyed on 9/1/2022.] |
| Conflict Check run. (JLM) [Transferred from kyed on 9/1/2022.] |
| NOTICE FOR ATTORNEY TO UPDATE ADDRESS to Brian Flick: It appears the address listed on your filing #1 Complaint, is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (JLM) [Transferred from kyed on 9/1/2022.] |
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