Rothfeld v. Kimberly-Clark Corporation
| Dawn Rothfeld |
| Kimberly-Clark Corporation |
| Erik Heinrich, Karyn Ray, Ruth Bogue, Linda Gordan, Sandra Green, Melissa Armstrong and Roland Nadeau |
| 3:2021cv01484 |
| June 24, 2021 |
| U.S. District Court for the Northern District of Texas |
| David C Godbey |
| Barbara M G Lynn |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 9, 2021. A more recent docket listing may be available from PACER.
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Filing 35
ORDER: This civil action is consolidated with Civil Action No. 3:20-cv-03150-M. The Clerk of Court shall administratively close this civil action for statistical purposes. (Ordered by Chief Judge Barbara M. G. Lynn on 7/9/2021) (axm)
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Filing 34
ORDER CONSOLIDATING CASES: Member case(s) 3:21-cv-1484-M consolidated with lead case 3:20-cv-3150-M. Member case administratively closed following consolidation. Further docketing should be in lead case 3:20-cv-3150-M. (Ordered by Chief Judge Barbara M. G. Lynn on 7/9/2021) (axm)
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Filing 33
ELECTRONIC Order VACATING #32 Status Report Order (Ordered by Chief Judge Barbara M. G. Lynn on 6/29/2021)(chmb)
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Filing 32
***VACATED per 33 Order*** ORDER REQUIRING CLASS CERTIFICATION STATUS AND SCHEDULING CONFERENCE: The parties are directed to confer within 14 days of the date of this Order, and report to the Court within 14 days after the conference the parties' position. (Ordered by Judge David C Godbey on 6/28/2021) (axm) Docket text modified on 6/29/2021 (twd).
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Filing 31
ORDER REASSIGNING CASE. Case reassigned to Chief Judge Barbara M. G. Lynn for all further proceedings. Judge David C Godbey no longer assigned to case. (Ordered by Judge David C Godbey on 6/28/2021) (axm)
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| Filing 30 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (mjr) |
| Filing 29 Case electronically transferred in from District of New York Eastern; Case Number 2:20-cv-05647. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 28
ORDER granting #27 Motion to Change Venue; The Clerk of the Court is directed to transfer this case to the United States District Court for the Northern District of Texas, with the respectful recommendation that the case be assigned to the Honorable Barbara M. G. Lynn. The Clerk of the Court shall also mark this case CLOSED. So Ordered by Judge Joanna Seybert on 6/23/2021. C/ECF (Valle, Christine) [Transferred from New York Eastern on 6/24/2021.]
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| Case transferred to District of Texas. Original file, certified copy of transfer order, and docket sheet sent electronically. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Valle, Christine) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 27 Consent MOTION to Change Venue and Transfer Case to the United States District Court for the Northern District of Texas Pursuant to Stipulation by Dawn Rothfeld. (Attachments: #1 Exhibit A- Joint Motion to Consolidate) (Murphy, James) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 26 NOTICE of Appearance by Patrick J. Stueve on behalf of Melissa Armstrong, Ruth Bogue, Linda Gordan, Sandra Green, Erik Heinrich, Roland Nadeau, Karyn Ray (notification declined or already on case) (Stueve, Patrick) [Transferred from New York Eastern on 6/24/2021.] |
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ORDER re #25 : The Motion of Patrick Stueve for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee.Ordered by Magistrate Judge Arlene R. Lindsay on 5/21/2021. c/ecf (Imrie, Robert) [Transferred from New York Eastern on 6/24/2021.]
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| Filing 25 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14494264. by Melissa Armstrong, Ruth Bogue, Linda Gordan, Sandra Green, Erik Heinrich, Roland Nadeau, Karyn Ray. (Attachments: #1 Declaration, #2 Proposed Order) (Stueve, Patrick) [Transferred from New York Eastern on 6/24/2021.] |
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ELECTRONIC ORDER denying #23 Motion for Pre-Motion Conference. The Court is in receipt of the Texas Plaintiffs' letter requesting a pre-motion conference on their request to file a motion to intervene for the limited purpose of seeking a transfer, stay, or dismissal of this action pursuant to the first-filed rule (ECF No. #23 ), and Plaintiff's opposition (ECF No. #24 ). Upon review, Texas Plaintiffs' request for a pre-motion conference is DENIED, and this action remains STAYED pursuant to the Court's April 5, 2021 Electronic Order. The parties are encouraged to pursue global settlement of these actions. Further, Texas Plaintiffs are GRANTED permission to file their joint motion to intervene and to transfer, stay, or dismiss this action pursuant to the first-filed rule, not to exceed fifteen pages, pursuant to the briefing schedule set forth in the Court's April 5, 2021 Electronic Order. Ordered by Judge Joanna Seybert on 5/12/2021. (DiMarco, Nicholas) [Transferred from New York Eastern on 6/24/2021.]
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| Filing 24 RESPONSE to Motion re #23 MOTION for pre motion conference (Letter Motion Request to File Motion to Intervene/Dismiss, Stay, or Transfer) filed by Dawn Rothfeld. (Murphy, James) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 23 MOTION for pre motion conference (Letter Motion Request to File Motion to Intervene/Dismiss, Stay, or Transfer) by Melissa Armstrong, Roland Nadeau, Linda Gordan, Erik Heinrich, Sandra Green, Ruth Bogue. (Stueve, Patrick) [Transferred from New York Eastern on 6/24/2021.] |
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ORDER re #21 : The Motion of Timothy Loose for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 4/5/2021. c/ecf (Imrie, Robert) [Transferred from New York Eastern on 6/24/2021.]
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ORDER granting #20 Motion for Heather L. Richardson Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 4/5/2021. c/ecf (Imrie, Robert) [Transferred from New York Eastern on 6/24/2021.]
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ELECTRONIC ORDER granting #22 Motion to Stay. On consent, Defendant's request for a ninety-day stay is GRANTED. The Court revises the briefing schedule on Defendant's motion to dismiss or, alternatively, transfer as follows: Defendant shall file its motion on or before July 7, 2021; Plaintiff shall file its opposition on or before August 6, 2021; and Defendant shall file its reply, if any, on or before August 23, 2021. Ordered by Judge Joanna Seybert on 4/5/2021. (Dimarco, Nicholas) [Transferred from New York Eastern on 6/24/2021.]
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| Filing 22 Consent MOTION to Stay for ninety (90) days of all proceedings for settlement discussions by Kimberly-Clark Corporation. (Crain, Lee) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 21 MOTION to Appear Pro Hac Vice of Timothy Loose Filing fee $ 150, receipt number ANYEDC-14291601. by Kimberly-Clark Corporation. (Attachments: #1 Declaration of Timothy W. Loose, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Loose, Timothy) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 20 MOTION to Appear Pro Hac Vice of Heather Richardson Filing fee $ 150, receipt number ANYEDC-14291558. by Kimberly-Clark Corporation. (Attachments: #1 Declaration of Heather L. Richardson, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Richardson, Heather) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 19 AMENDED COMPLAINT against Kimberley-Clark Corporation, filed by Dawn Rothfeld. (Murphy, James) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 18 Consent MOTION for Extension of Time to File Amended Complaint by Dawn Rothfeld. (Reese, Michael) [Transferred from New York Eastern on 6/24/2021.] |
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ELECTRONIC ORDER granting #18 Motion for Extension of Time to File. On consent, Plaintiff's request is GRANTED. Plaintiff shall file its Amended Complaint on or before March 17, 2021. The briefing schedule is revised as follows: Defendant shall file its motion by April 8, 2021; Plaintiff shall file its opposition by May 6, 2021; and Defendant shall file its reply, if any, by May 20, 2021. Ordered by Judge Joanna Seybert on 3/15/2021. (Dimarco, Nicholas) [Transferred from New York Eastern on 6/24/2021.]
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| Filing 17 Minute Entry for proceedings held before Judge Joanna Seybert: Pre Motion Conference held on 3/9/2021. Plaintiff granted leave to file an Amended Complaint on or before 3/15/2021. The parties agreed to the following briefing schedule: Defendant's Motion due by: 4/6/2021; Plaintiff's Response due by: 5/4/2021; Defendant's Reply due by: 5/18/2021. See entry for additional details. (Russo, Eric) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 16 NOTICE of Appearance by Mark Kirsch on behalf of Kimberley-Clark Corporation (aty to be noticed) (Kirsch, Mark) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 15 Request for Refund of Fees Paid Electronically approved for reimbursement by Michael J. Kramer, Acting Chief Deputy, on 3/3/2021. [Transferred from New York Eastern on 6/24/2021.] |
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ELECTRONIC ORDER granting #13 Motion for Pre Motion Conference. Parties are hereby advised that a pre-motion conference is set for 3/9/2021 at 3:00 PM before Judge Joanna Seybert. The conference will be held via the Court's teleconferencing system. Parties are directed to dial the following telephone number at the designated time: 877-336-1839, access code 7231185. Ordered by Judge Joanna Seybert on 2/25/2021. (Russo, Eric) [Transferred from New York Eastern on 6/24/2021.]
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| Filing 14 RESPONSE in Opposition re #13 Letter MOTION for pre motion conference filed by Dawn Rothfeld. (Murphy, James) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 13 Letter MOTION for pre motion conference by Kimberley-Clark Corporation. (Crain, Lee) [Transferred from New York Eastern on 6/24/2021.] |
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ORDER granting #12 Motion for Extension of Time to Answer. The time for Kimberley-Clark Corporation to answer, move against or otherwise respond to the Complaint is hereby extended until February 19, 2021. Ordered by Magistrate Judge Arlene R. Lindsay on 1/27/2021. (Jacobwitz, Beth) [Transferred from New York Eastern on 6/24/2021.]
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| Filing 12 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Kimberley-Clark Corporation. (Crain, Lee) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 11 Corporate Disclosure Statement by Kimberley-Clark Corporation (Crain, Lee) [Transferred from New York Eastern on 6/24/2021.] |
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ORDER granting #10 Motion for Extension of Time to Answer. The time for Kimberley-Clark Corporation to answer, move against or otherwise respond to the Complaint is hereby extended to February 5, 2021. Ordered by Magistrate Judge Arlene R. Lindsay on 12/30/2020. (Jacobwitz, Beth) [Transferred from New York Eastern on 6/24/2021.]
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| Filing 10 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Kimberley-Clark Corporation. (Crain, Lee) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 9 NOTICE of Appearance by Lee Ross Crain on behalf of Kimberley-Clark Corporation (aty to be noticed) (Crain, Lee) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 8 SUMMONS Returned Executed by Dawn Rothfeld. Kimberley-Clark Corporation served on 12/7/2020, answer due 12/28/2020. (Palatiello, Jordan) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 7 NOTICE of Appearance by Michael Robert Reese on behalf of Dawn Rothfeld (aty to be noticed) (Reese, Michael) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 6 NOTICE of Appearance by Jordan S Palatiello on behalf of Dawn Rothfeld (aty to be noticed) (Palatiello, Jordan) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 5 Summons Issued as to Kimberley-Clark Corporation. (Rodin, Deanna) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 2 Letter MOTION for Refund of Fees Paid Electronically by Dawn Rothfeld. (Attachments: #1 Exhibit 1 - Payment Confirmation ANYEDC-13712489, #2 Exhibit 2 - Payment Confirmation ANYEDC-13712764) (Murphy, James) [Transferred from New York Eastern on 6/24/2021.] |
| Case Assigned to Judge Joanna Seybert and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) [Transferred from New York Eastern on 6/24/2021.] |
| Incorrect Document Entry Information. Defendant was added to the case incorrectly; docket entry 1 was deleted and re-entered against corrected defendant. (Rodin, Deanna) [Transferred from New York Eastern on 6/24/2021.] |
| Filing 1 COMPLAINT against Kimberley-Clark Corporation, Was the Disclosure Statement on Civil Cover Sheet completed -Yes, filed by Dawn Rothfeld. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Rodin, Deanna) Modified on 11/20/2020 (Rodin, Deanna). [Transferred from New York Eastern on 6/24/2021.] |
| FILING FEE: $ 400, receipt number ANYEDC-13712764 (Rodin, Deanna) [Transferred from New York Eastern on 6/24/2021.] |
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