Koeth v. Mead et al
Consolidated
Lead case: 1:22-cv-00071
Lead case: 1:22-cv-00071
| Illinois Northern District Court | |
| Judge: | Rebecca R Pallmeyer |
| Case #: | 1:22-cv-02017 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Apr 21, 2022 |
| Case in other court: | Nevada, 2:22-cv-00350 |
| Last checked: Tuesday Oct 18, 2022 3:51 AM CDT |
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Defendant
Mead Johnson & Company, LLC
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Represented By
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Defendant
Mead Johnson Nutrition Company
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Represented By
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Plaintiff
Katina Koeth
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Represented By
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Unknown
Abbott Laboratories Inc
100 Abbott Park Road
Abbott Park, IL 60064 |
Represented By
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| Docket last updated: 04/21/2022 1:42 PM CDT |
| Friday, November 19, 2021 | ||
| 1 | 1
CIVIL Cover Sheet (Anscombe, Anthony) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| 2 | 2
NOTICE of Removal from Illinois Circuit Court of Cook County, case number (2021L11151) filed by Kaveny & Kroll, LLC Filing fee $ 402, receipt number 0752-18895548.(Anscombe, Anthony) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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Att: 1
Exhibit Initial Summons and Complaint,
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Att: 2
Exhibit Notice of Service of Process on Mead Johnson & Company, LLC,
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Att: 3
Exhibit Notice of Service of Process on Mead Johnson Nutrition Company,
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Att: 4
Exhibit Amended Annual Franchise Tax Report
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| 3 | 3
Corporate Disclosure Statement STATEMENT by Mead Johnson & Company, LLC, Mead Johnson Nutrition Company (Anscombe, Anthony) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| Monday, November 22, 2021 | ||
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (dxb, ) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.] | ||
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached[LINK:Consent To] [LINK:form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (dxb, ) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.] | ||
| 4 | 4
ATTORNEY Appearance for Defendants Mead Johnson & Company, LLC, Mead Johnson Nutrition Company by Anthony J. Anscombe (Anscombe, Anthony) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| 5 | 5
MAILED notice of removal letter to counsel of record. (nsf, ) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| 6 | 6
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Joan H. Lefkow for all further proceedings. Honorable Robert W. Gettleman no longer assigned to the case. Signed by Executive Committee on 11/22/21. (nsf, ) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| Thursday, December 09, 2021 | ||
| 7 | 7
MOTION by Defendants Mead Johnson & Company, LLC, Mead Johnson Nutrition Company to transfer case (transfer venue)(Anscombe, Anthony) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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Att: 1
Declaration Of Cindy Hasseberg,
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Att: 2
Exhibit A to Hasseberg Declaration,
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Att: 3
Exhibit B to Hasseberg Declaration,
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Att: 4
Exhibit C to Hasseberg Declaration,
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Att: 5
Exhibit D to Hasseberg Declaration,
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Att: 6
Declaration Of Amy Cook
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| 8 | 8
ANSWER to Complaint with Jury Demand by Mead Johnson & Company, LLC, Mead Johnson Nutrition Company(Anscombe, Anthony) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| Monday, December 13, 2021 | ||
| 9 | 9
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18959967. [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| Wednesday, December 15, 2021 | ||
| 10 | 10
MINUTE entry before the Honorable Joan H. Lefkow: Motion to appear pro hac vice9 is granted. Attorney Stephen M. Reck is added as counsel for Katina Koeth. Any response to the motion to transfer case7 is due by 1/4/2022; reply by 1/11/2022. A telephone status hearing is set for 2/2/2022 at 9:30 a.m. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (877) 402-9753 and the access code is 1564342. Counsel of record will receive an email the day before the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ags) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| 11 | 11
ATTORNEY Appearance for Defendants Mead Johnson & Company, LLC, Mead Johnson Nutrition Company by Jamie Noonan Witte (Witte, Jamie) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| Friday, December 17, 2021 | ||
| 12 | 12
MOTION by Plaintiff Katina Koeth to remand(Kaveny, Elizabeth) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2
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| Tuesday, December 28, 2021 | ||
| 13 | 13
MINUTE entry before the Honorable Joan H. Lefkow: Any response to the motion to remand12 is due by 1/6/2022; reply is due by 1/13/2022. Mailed notice (ags) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| Tuesday, January 04, 2022 | ||
| 14 | 14
MOTION by Plaintiff Katina Koeth for extension of time to file response/reply as to motion to transfer case,7 (Kaveny, Elizabeth) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| 15 | 15
RESPONSE by Mead Johnson & Company, LLC, Mead Johnson Nutrition Companyin Opposition to MOTION by Plaintiff Katina Koeth for extension of time to file response/reply as to motion to transfer case,7 14 (Anscombe, Anthony)[Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| Wednesday, January 05, 2022 | ||
| 16 | 16
MINUTE entry before the Honorable Joan H. Lefkow: Motion by Plaintiff Katin Koeth for extension of time to file response/reply14 as to motion to transfer case is denied. Plaintiff is given until 1/28/2022 to file response; 2/4/2022 for reply. The court will consider together plaintiff's motion to remand and defendant's motion to transfer. Status hearing date of 2/2/2022 is stricken. Mailed notice (ags) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| Thursday, January 06, 2022 | ||
| 17 | 17
12
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MEMORANDUM by Mead Johnson & Company, LLC, Mead Johnson Nutrition Company in Opposition to motion to remand12 (Anscombe, Anthony) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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Att: 1
Declaration of Amy Cook,
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Att: 2
Declaration of Cindy Hasseberg,
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Att: 3
Exhibit A to Hasseberg Declaration,
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Att: 4
Exhibit B to Hassberg Declaration,
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Att: 5
Declaration of Justin Griner,
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Att: 6
Exhibit A to Griner Declaration,
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Att: 7
Exhibit B to Griner Declaration,
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Att: 8
Exhibit C to Griner Declaration,
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Att: 9
Declaration of Miguel Veiga-Pestana
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| Tuesday, January 11, 2022 | ||
| 18 | 18
MOTION by Defendants Mead Johnson & Company, LLC, Mead Johnson Nutrition Company to amend/correct MOTION by Defendants Mead Johnson & Company, LLC, Mead Johnson Nutrition Company to correct (transfer venue) 7 (Anscombe, Anthony) Docket text modified on 1/19/2022 to correct text to title of document filed (ags). [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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| Thursday, January 13, 2022 | ||
| 19 | 19
REPLY by Katina Koeth to memorandum in opposition to motion,,17 [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| Wednesday, January 19, 2022 | ||
| 20 | 20
MINUTE entry before the Honorable Joan H. Lefkow: Motion to correct declaration18 is granted. Mailed notice (ags) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| Thursday, January 20, 2022 | ||
| 21 | 21
MOTION by Defendants Mead Johnson & Company, LLC, Mead Johnson Nutrition Company to supplement Motion for Leave to Cite Supplemental Authority in Support of Opposition to Remand(Anscombe, Anthony) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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Att: 1
Exhibit A
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| 22 | 22
RESPONSE by Katina Koeth to MOTION by Defendants Mead Johnson & Company, LLC, Mead Johnson Nutrition Company to transfer case (transfer venue) 7 [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| Friday, January 21, 2022 | ||
| 23 | 23
MINUTE entry before the Honorable Joan H. Lefkow: Motion for leave to file supplemental authority21 is granted. Mailed notice (ags) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| 24 | 24
ATTORNEY Appearance for Plaintiff Katina Koeth by Jose M. Rojas (Rojas, Jose) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| 25 | 25
REPLY by Defendants Mead Johnson & Company, LLC, Mead Johnson Nutrition Company to motion to transfer case,7 Mead Johnson's Reply in Support of Motion to Transfer (Anscombe, Anthony) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| Thursday, February 10, 2022 | ||
| 26 | 26
MOTION by Plaintiff Katina Koeth to stay Pending JPML Ruling on Consolidation and Transfer [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| 27 | 27
10
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MEMORANDUM by Katina Koeth in support of motion to stay26 [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| Monday, February 14, 2022 | ||
| 28 | 28
MINUTE entry before the Honorable Joan H. Lefkow: Defendants' response to the motion to stay26 is due by 2/17/2022. Mailed notice (ags) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| 29 | 29
RESPONSE by Mead Johnson & Company, LLC, Mead Johnson Nutrition Companyin Opposition to MOTION by Plaintiff Katina Koeth to stay Pending JPML Ruling on Consolidation and Transfer 26 (Anscombe, Anthony) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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| Wednesday, February 23, 2022 | ||
| 30 | 30
MINUTE entry before the Honorable Joan H. Lefkow: Plaintiff's motion to remand (dkt.12 ) is denied. The preponderance of evidence submitted by the parties leads to the conclusion that on November 19, 2021, the date this action was filed, defendant's principal place of business was in Evansville, Indiana. See dkt.17 -3 (verified registration with the State of Indiana as a foreign corporation with its principal place of business in Evansville, Indiana, eff. Sept. 1, 2021); dkt.17 -4 (verified amended 2020 annual franchise tax report dated Sept. 1, 2021, reflecting addresses of five officers at defendant's place of business in Evansville, Indiana); dkt.17 -7 (business information filed with Indiana Secretary of State, dated Jan. 5, 2022, identifying the president, treasurer and secretary of defendant as located at the same address in Evansville). The court finds no reason to suppose that defendant would have filed false documents with the State of Indiana and, as such, concludes that defendant's principal place of business is not, as plaintiff argues, in Illinois. Because plaintiff has informed the court that if her motion to remand is denied she shall have no objection to defendant's motion to transfer to the District of Nevada (dkt.22 ) and because there is no apparent connection of the case to the State of Illinois, the motion to transfer (dkt.7 ) is granted. The Clerk's Office is directed to transfer this case to the District of Nevada forthwith. The motion of plaintiff to stay (dkt.26 ) is denied without prejudice. Mailed notice (ags) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| Thursday, February 24, 2022 | ||
| Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Brenda Weksler. (DRS) [Transferred from Nevada on 4/21/2022.] | ||
| 31 | 31
TRANSFERRED to the District of Nevada the electronic record. (nsf, ) [Transferred from Illinois Northern on 2/24/2022.] [Transferred from Nevada on 4/21/2022.]
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| 32 | 32
Case transferred in from District of Illinois Northern; Case Number 1:21-cv-06234. Original file with transfer order and docket sheet received. (DRS) [Transferred from Nevada on 4/21/2022.]
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| 33 | 33 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Elizabeth A. Kaveny, Jose M. Rojas, Stephen M Reck, Anthony J. Anscombe, and Jamie Noonan Witte to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website -[LINK:www.nvd.uscourts.gov] . Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 3/10/2022. (no image attached) (DRS) [Transferred from Nevada on 4/21/2022.] | |
| 34 | 34 STANDING ORDER. This case has been assigned to the Honorable Judge Gloria M. Navarro. Judge Navarro's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink[LINK:www.nvd.uscourts.gov] . (Copies have been distributed pursuant to the NEF - MR) [Transferred from Nevada on 4/21/2022.] | |
| Monday, February 28, 2022 | ||
| 35 | 35 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 2/28/2022. By Deputy Clerk: NEV. With good cause appearing, the Honorable Judge Gloria M. Navarro recuses herself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - NEV) [Transferred from Nevada on 4/21/2022.] | |
| 36 | 36 CLERK'S NOTICE that this case is randomly reassigned to Judge Andrew P. Gordon for all further proceedings per 35 Minute Order. All further documents must bear the correct case number 2:22-cv-00350-APG-BNW . (no image attached) (SLD) [Transferred from Nevada on 4/21/2022.] | |
| Monday, March 07, 2022 | ||
| 37 | 37
NOTICE of Association of Counsel by Sean K Claggett on behalf of Plaintiff Katina Koeth. Notice of Appearance of Counsel (Claggett, Sean) [Transferred from Nevada on 4/21/2022.]
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| 38 | 38
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jose Rojas and DESIGNATION of Local Counsel Sean K. Claggett (Filing fee $ 250 receipt number 0978-6821640) by Plaintiff Katina Koeth. (Claggett, Sean) [Transferred from Nevada on 4/21/2022.]
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| 39 | 39
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Stephen M. Reck and DESIGNATION of Local Counsel Sean K. Claggett (Filing fee $ 250 receipt number 0978-6821646) by Plaintiff Katina Koeth. (Claggett, Sean) [Transferred from Nevada on 4/21/2022.]
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| Tuesday, March 08, 2022 | ||
| 40 | 40
ORDER Granting38 Verified Petition for Permission to Practice Pro Hac Vice as to Jose Rojas and approving Designation of Local Counsel as to Sean Claggett as to Katina Koeth. Signed by Judge Andrew P. Gordon on 3/8/2022.
Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website[LINK:www.nvd.uscourts.gov]
(Copies have been distributed pursuant to the NEF - KF) [Transferred from Nevada on 4/21/2022.]
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| 41 | 41
ORDER granting39 Verified Petition for Permission to Practice Pro Hac Vice as to Stephen M. Reck and approving Designation of Local Counsel as to Sean Claggett as to Katina Koeth. Signed by Judge Andrew P. Gordon on 3/8/2022.
Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website[LINK:www.nvd.uscourts.gov]
(Copies have been distributed pursuant to the NEF - KF)[Transferred from Nevada on 4/21/2022.]
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| Thursday, March 10, 2022 | ||
| 42 | 42
MOTION to Consolidate Cases Motion to Consolidate Pursuant to Local Rule 42-1(b) by Plaintiff Katina Koeth. Responses due by 3/24/2022. (Claggett, Sean) [Transferred from Nevada on 4/21/2022.]
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| Tuesday, March 22, 2022 | ||
| 43 | 43
MOTION to Stay Case by Defendants Mead Johnson & Company, LLC, Mead Johnson Nutrition Company. Responses due by 4/5/2022. (Teegarden, Tara) [Transferred from Nevada on 4/21/2022.]
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| 44 | 44
APPENDIX Appendix In Support Of The Mead Johnson Defendants Motion To Stay to43 Motion to Stay Case by Defendants Mead Johnson & Company, LLC, Mead Johnson Nutrition Company. (Teegarden, Tara) [Transferred from Nevada on 4/21/2022.]
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| Wednesday, March 23, 2022 | ||
| 45 | 45
NOTICE of Motion to Extend Deadline by Abbott Laboratories, Inc. re42 Motion to Consolidate Cases. (Solis-Rainey, Rosa) [Transferred from Nevada on 4/21/2022.]
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Att: 1
Exhibit A - Medley Motion to Stay,
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Att: 2
Exhibit B - Medley Motion to Extend Time
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| Thursday, March 24, 2022 | ||
| 46 | 46
MOTION to Extend Time (First Request) The Mead Johnson Defendants Motion For Extension Of March 24 Response Deadline (First Request) re42 Motion to Consolidate Cases by Defendants Mead Johnson & Company, LLC, Mead Johnson Nutrition Company. (Teegarden, Tara) [Transferred from Nevada on 4/21/2022.]
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| 47 | 47
RESPONSE to42 Motion to Consolidate Cases by Defendants Mead Johnson & Company, LLC, Mead Johnson Nutrition Company. Replies due by 3/31/2022. (Teegarden, Tara) [Transferred from Nevada on 4/21/2022.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Monday, March 28, 2022 | ||
| 48 | 48
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Erica L. Gerson and DESIGNATION of Local Counsel Pat Lundvall (Filing fee $ 250 receipt number ANVDC-6844549) by Defendants Mead Johnson & Company, LLC, Mead Johnson Nutrition Company. (Lundvall, Patricia) [Transferred from Nevada on 4/21/2022.]
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| 49 | 49
REPLY to Response to42 Motion to Consolidate Cases by Plaintiff Katina Koeth. (Rojas, Jose) [Transferred from Nevada on 4/21/2022.]
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Att: 1
Exhibit A - JUDGE THARPS ORDER TO REASSIGN RELATED CASES,
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Att: 2
Exhibit B - ORDERS OF THE EXECUTIVE COMMITTEE,
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Att: 3
Exhibit C - ABBOTTS MEMORANDUM OF LAW,
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Att: 4
Exhibit D - ABBOTTS MOTION FOR A STAY
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| Tuesday, March 29, 2022 | ||
| 50 | 50 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 3/29/2022. Re:48 Motion for Permission to Practice Pro Hac Vice - Verified Petition. Verified Petition does not comply with LR IA 11-2(a). Client signature is missing from the Petition. Counsel is advised to remedy the deficiency and refile Petition under event Notice of Corrected Image linking to48 by 4/29/2022. Failure to comply will result in denial of the Petition. (no image attached) (Copies have been distributed pursuant to the NEF - KSR) [Transferred from Nevada on 4/21/2022.] | |
| Tuesday, April 19, 2022 | ||
| 51 | 51
CONDITIONAL TRANSFER ORDER (CTO -1). Signed by MDL Panel on 4/19/2022.(Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 4/21/2022.]
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Att: 1
Transmittal Letter
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| Thursday, April 21, 2022 | ||
| 52 | 52
RECEIVED from Nevada; Case Number 2:22-cv-00350 (nsf)
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| 53 | 53
MAILED MDL Transfer In Letter to all Counsel of record. (nsf, )
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