Alexander et al v. Mead Johnson & Company, LLC 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-04179 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1332 Diversity-Petition for Removal |
| Case Filed: | Aug 09, 2022 |
| Case in other court: | Illinois Southern, 3:22-cv-00812 |
| Last checked: Sunday Feb 05, 2023 3:09 AM CST |
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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
Devon Cornell Alexander
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Represented By
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Plaintiff
LaTonya Nicole Alexander
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Represented By
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| Docket last updated: 08/09/2022 5:40 PM CDT |
| Friday, April 22, 2022 | ||
| 1 | 1
NOTICE OF REMOVAL from The Circuit Court of the Twentieth Judicial Circuit, St. Clair County, Illinois, case number 2022LA0245 ( Filing fee $ 402 receipt number AILSDC-4768192), filed by Mead Johnson Nutrition Company, Mead Johnson & Company, LLC.(Anscombe, Anthony) [Transferred from Illinois Southern on 8/9/2022.]
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Civil Cover Sheet
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| 2 | 2
NOTICE of Appearance by Anthony J. Anscombe on behalf of Mead Johnson & Company, LLC, Mead Johnson Nutrition Company (Anscombe, Anthony) [Transferred from Illinois Southern on 8/9/2022.]
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| 3 | 3
NOTICE of Appearance by Jamie Marie Noonan Witte on behalf of Mead Johnson & Company, LLC, Mead Johnson Nutrition Company (Witte, Jamie) [Transferred from Illinois Southern on 8/9/2022.]
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| 4 | 4
Corporate Disclosure Statement by Mead Johnson & Company, LLC identifying Other Affiliate Mead Johnson Nutrition Company for Mead Johnson & Company, LLC. (Anscombe, Anthony) [Transferred from Illinois Southern on 8/9/2022.]
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| 5 | 5
Corporate Disclosure Statement by Mead Johnson Nutrition Company identifying Corporate Parent Reckitt Benckiser PLC (RB) for Mead Johnson Nutrition Company. (Anscombe, Anthony) [Transferred from Illinois Southern on 8/9/2022.]
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| Monday, April 25, 2022 | ||
| 6 | 6 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 3:22-cv-812-NJR. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (adh) [Transferred from Illinois Southern on 8/9/2022.] | |
| Wednesday, April 27, 2022 | ||
| 7 | 7 ORDER: This matter comes before the Court sua sponte on the issue of federal subject matter jurisdiction. See Jakupovic v. Curran , 850 F.3d 898, 902 (7th Cir. 2017). On April 22, 2022, Defendants removed this case to federal court based on the complete diversity of the parties. (Doc. 1). Defendants allege, "On information and belief, as alleged in the Complaint, Plaintiffs are citizens of North Carolina." It is well-settled in the Seventh Circuit, however, that allegations of citizenship based on "information and belief" are insufficient to establish diversity jurisdiction. Brickstructures, Inc. v. Coaster Dynamix, Inc. , No. 16 CV 10969, 2017 WL 4310671, at *1 (N.D. Ill. Sept. 28, 2017) (citing America's Best Inns, Inc. v. Best Inns of Abilene, L.P. , 980 F.2d 1072, 1074 (7th Cir. 1992)). While the Court can look to other evidence in the record to see if the requirements of diversity have been satisfied, see Med. Assurance Co., Inc. v. Hellman , 610 F.3d 371, 376 (7th Cir. 2010), the record here is insufficient. The complaint filed in state court alleges only that Plaintiffs are residents of North Carolina, and residence and citizenship are not synonyms. Meyerson v. Harrah's E. Chicago Casino , 299 F.3d 616, 617 (7th Cir. 2002). Because neither the Notice of Removal nor the complaint filed in state court properly allege the citizenship of Plaintiffs, Defendants are ORDERED to file an Amended Notice of Removal, no later than May 11, 2022 , that clearly sets forth the citizenship of Plaintiffs. Signed by Chief Judge Nancy J. Rosenstengel on 4/27/2022. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 8/9/2022.] | |
| Thursday, April 28, 2022 | ||
| Set/Reset Deadlines: Amended Pleadings due by 5/11/2022. (adh) [Transferred from Illinois Southern on 8/9/2022.] | ||
| Wednesday, May 11, 2022 | ||
| 8 | 8
NOTICE OF REMOVAL (AMENDED) from The Circuit Court of the Twentieth Judicial Circuit, St. Clair County, Illinois, case number 2022LA0245, filed by Mead Johnson Nutrition Company, Mead Johnson & Company, LLC.(Anscombe, Anthony) [Transferred from Illinois Southern on 8/9/2022.]
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8
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| 9 | 9
MOTION to Remand to State Court by All Plaintiffs.(Cates, David) [Transferred from Illinois Southern on 8/9/2022.]
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4
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| 10 | 10
MOTION to Stay And Memorandum In Support by Mead Johnson & Company, LLC, Mead Johnson Nutrition Company. (Anscombe, Anthony) [Transferred from Illinois Southern on 8/9/2022.]
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| Wednesday, May 18, 2022 | ||
| 11 | 11
ANSWER to Complaint , Affirmative Defenses, And Jury Demand by Mead Johnson & Company, LLC, Mead Johnson Nutrition Company.(Anscombe, Anthony) [Transferred from Illinois Southern on 8/9/2022.]
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| Friday, May 20, 2022 | ||
| 12 | 12
MOTION to Remand to State Court by All Plaintiffs.(Cates, David) [Transferred from Illinois Southern on 8/9/2022.]
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4
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| 13 | 13
RESPONSE in Opposition re10 MOTION to Stay And Memorandum In Support filed by All Plaintiffs. (Cates, David) [Transferred from Illinois Southern on 8/9/2022.]
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| 14 | 14
MOTION Expedite Briefing And Ruling On Motion To Remand by All Plaintiffs. (Cates, David) [Transferred from Illinois Southern on 8/9/2022.]
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| Monday, May 23, 2022 | ||
| 15 | 15 ORDER GRANTING14 Motion to Expedite Briefing and Ruling on Motion to Remand. Defendant shall respond to Plaintiff's Motion to Remand on or before June 6, 2022. Plaintiff may file a reply brief on or before June 13, 2022. Signed by Chief Judge Nancy J. Rosenstengel on 5/23/2022. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 8/9/2022.] | |
| Monday, June 06, 2022 | ||
| 16 | 16
RESPONSE in Opposition re9 MOTION to Remand to State Court ,12 MOTION to Remand to State Court filed by Mead Johnson & Company, LLC, Mead Johnson Nutrition Company.(Anscombe, Anthony) [Transferred from Illinois Southern on 8/9/2022.]
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Att: 1
Declaration of Amy Cook,
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Att: 2
Declaration of Justin Griner,
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Att: 3
Exhibit A to Declaration of Justin Griner,
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Att: 4
Exhibit B to Declaration of Justin Griner,
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Att: 5
Exhibit C to Declaration of Justin Griner,
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Att: 6
Declaration of Cindy Hasseberg,
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Att: 7
Exhibit A to Declaration of Cindy Hasseberg,
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Att: 8
Exhibit B to Declaration of Cindy Hasseberg,
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Att: 9
Exhibit C to Declaration of Cindy Hasseberg,
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Att: 10
Exhibit D to Declaration of Cindy Hasseberg,
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Att: 11
Declaration of Miguel Veiga-Pestana
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| Monday, June 13, 2022 | ||
| 17 | 17
RESPONSE in Opposition re9 MOTION to Remand to State Court filed by Devon Cornell Alexander, LaTonya Nicole Alexander.(Cates, David) [Transferred from Illinois Southern on 8/9/2022.]
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Att: 1
Exhibit A
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| Wednesday, June 15, 2022 | ||
| 18 | 18
ORDER DENYING9 ,12 Motion to Remand filed by Plaintiffs Devon Cornell Alexander and LaTonya Nicole Alexander. Signed by Chief Judge Nancy J. Rosenstengel on 6/15/2022. (mlp) [Transferred from Illinois Southern on 8/9/2022.]
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| Thursday, June 23, 2022 | ||
| 19 | 19
ORDER LIFTING STAY OF CTO as approved by John W. Nichols of the United States Judicial Panel on Multidistrict Litigation.(jlrr) [Transferred from Illinois Southern on 8/9/2022.]
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| Tuesday, August 09, 2022 | ||
| 20 | 20
RECEIVED from Illinois Southern; Case Number 3:22-cv-00812 (nsf)
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| 21 | 21
MAILED MDL Transfer In Letter to counsel of record. (nsf, )
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