Porter et al v. Johnson & Johnson Consumer Inc. et al

New York Southern District Court
Judge:	Denise L Cote
Case #:	1:24-cv-08577
Nature of Suit	367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability
Cause	28:1332pl Diversity-Product Liability

Case Filed:	Nov 12, 2024
Terminated:	Dec 10, 2024

Docket
Parties (6)

Last checked: Friday Dec 27, 2024 3:35 AM EST

Defendant Giant
Defendant Johnson & Johnson Consumer Inc.
Defendant Walgreen Co.
Defendant Walmart Inc.
Plaintiff Elaine Porter	Represented By Jeffrey S. Grand Bernstein Liebhard, LLP contact info
Plaintiff Nicholas Porter	Represented By Jeffrey S. Grand Bernstein Liebhard, LLP contact info

Docket last updated: 01/27/2025 11:59 PM EST

Tuesday, January 07, 2025
9		9 notice Notice of Appearance Tue 01/07 10:03 AM NOTICE OF APPEARANCE by Jessica L Brennan on behalf of Johnson & Johnson Consumer Inc.. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Brennan, Jessica) Related: [-]
Monday, January 06, 2025
8		8 notice Notice of Appearance Mon 01/06 5:08 PM NOTICE OF APPEARANCE by Nadine S. Kohane on behalf of Walgreen Co.. Filed In Associated Cases: 1:22-md-03043-DLC et al..(Kohane, Nadine) Related: [-]
Tuesday, December 10, 2024
7		7 order Judgment Wed 12/11 10:09 AM FINAL JUDGMENT: Thus, it is hereby ORDERED that, for the reasons set forth in the Court's Opinion and Order of December 18, 2023, and in the January 16, 2024 Order to Show Cause, final judgment is entered for the defendants in Member Cases 24cv8334 24cv8346 24cv8350 24cv8354 24cv8358 24cv8362 24cv8364 24cv8536 24cv8537 24cv8539 24cv8544 and 24cv8577 under Fed. R. Civ. P. 58. IT IS FURTHER ORDERED that Member Cases 24cv8334 24cv8346 24cv8350 24cv8354 24cv8358 24cv8362 24cv8364 24cv8536 24cv8537 24cv8539 24cv8544 and 24cv8577 are dismissed with prejudice. (Signed by Judge Denise L. Cote on 12/10/2024) Filed In Associated Cases: 1:22-md-03043-DLC et al. (mml) Related: [-]
6		6 respoth Response (non-motion) Tue 12/10 3:57 PM RESPONSE to Order to Show Cause, Dkt. 1394 . Document filed by Elaine Porter(as Attorney-In-Fact for Nicholas Porter), Nicholas Porter, Elaine Porter(Individually)..(Grand, Jeffrey) Related: [-]
Wednesday, November 13, 2024
5		5 5 pgs order Order Mon 11/18 1:49 PM ORDER: It is hereby Ordered that: I. MULTIDISTRICT LITIGATION ACTION: 1. The cases transferred to this Court by the Panel as Member Cases of this multidistrict litigation action ("MDL"), and any related cases that are filed in the Southern District of New York, shall be referred to collectively as In re Acetaminophen ASD-ADHD Products Liability Litigation, Docket No. 22md3043 (DLC). These actions and any future actions so transferred and filed are hereby consolidated for all pretrial purposes without the need for future motions or orders. 2. No action taken hereunder shall have the effect of making any person, firm, or corporation a party to any action in which the person or entity has not been named, served, or added as such in accordance with the Federal Rules of Civil Procedure. II. MDL DOCKET AND MEMBER CASE DOCKETS: 3. An MDL docket is hereby established for the MDL proceedings. The MDL docket shall be Civil Action No. 22md3043 (DLC). This Order shall be docketed by the Clerk in the MDL Docket herein established. The Clerk shall maintain a separate docket for each of the Member Cases and filings shall be docketed therein in accordance with the regular procedures of the Clerk of this Court except as modified by Sections III and V of this Order. III. NEWLY FILED OR TRANSFERRED ACTIONS: 4. When an action that relates to the same subject matter as the MDL is hereafter filed in or transferred to this Court and assigned to the undersigned, it shall be a Member Case in the MDL, and the Clerk of Court shall docket a copy of this Order in the separate docket for such action and make an appropriate entry in the MDL Docket. 5. The Court requests the assistance of counsel in calling to the attention of the Clerk the filing or transfer of any case which might properly be included in the MDL. IV. CAPTIONS: 6. Every pleading filed in the MDL, and in any Member Case included therein, shall bear the following caption, as further set forth herein. 7. When a pleading is intended to be applicable to all actions in the MDL, the caption shall state: "This Document Relates To: All Actions." When a pleading is not intended to apply to all such actions, the docket number for each Member Case to which it is intended to apply shall appear immediately after the words "This Document Relates To:" in the caption. V. FILING: 8. When a party files a document on ECF and the caption shows that is application to All Actions, the party shall file it in the MDL Docket. No other filing need be made. 9. When a party files a document on ECF and the caption shows that it is not applicable to All Actions, the party shall file it in the MDL Docket and in each Member Case docket to which it applies. 10. Unless otherwise orders, all documents shall be filed electronically via the Court's CM/ECF system, as further set forth herein. 11. All counsel shall register promptly for this Court's CM/ECF filing system. VI. SCHEDULE AND PRETRIAL CONFERENCE: 12. With the exception of Roberts v. Wal-Mart Stores Inc., No. 5:22cv5108 (W.D. Ark.) and Hatfield v. Wal-Mart Stores, Inc., No. 5:22cv5109 (W.D. Ark.), the deadlines for any defendant in any Member Case to file a responsive pleading to the complaint with which they were served pursuant to Rule 12, Fed. R. Civ. P., are hereby stayed. 13. A pretrial conference shall be held on November 17, 2022 at 2:30 P.M. at the United States Courthouse, 500 Pearl Street, New York, New York 10007, as further set forth herein. 14. All counsel who intend to appear at the November 17 conference shall file a letter notifying this Court of their intention by November 10, 2022. 15. All counsel appearing at the November 17 conference shall file a proposed case management plan on the MDL Docket by November 10, 2022. Counsel for the plaintiffs and the defendants are encouraged to coordinate amongst themselves and collectively submit proposed case management plans on behalf of all plaintiffs and all defendants, respectively. VII. THIS COURTS INDIVIDUAL PRACTICES: 16. Counsel shall consult this Court's Individual Practices in Civil Cases for instructions on how to proceed before this Court. 17. Pursuant to this Court's Individual Practices, communications with Chambers should be by letter, which shall not exceed two pages in length, filed electronically on ECF. Such letters shall be filed pursuant to Section V of this Order. 18. Pursuant to this Court's Individual Practices, at the time and reply is served on a motion, the moving party shall supply two courtesy copies of all motion papers, including those of their adversaries, to Chambers by mail or delivery to the United States Courthouse, 500 Pearl Street, New York, New York 10007. (Signed by Judge Denise L. Cote on 10/18/2022) (vfr) Related: [-]
4		4 misc Civil Cover Sheet Wed 11/13 2:23 PM CIVIL COVER SHEET filed..(Grand, Jeffrey) Related: [-]
		misc Notice to Attorney Regarding Deficient Pleading Wed 11/13 11:44 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeffrey S. Grand re: Document No. 1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add Elaine Porter 'individually'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo) Related: [-]
		misc Notice to Attorney Regarding Party Modification Wed 11/13 11:45 AM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeffrey S. Grand. The party information for the following party/parties has been modified: Elaine Porter. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error;. (jgo) Related: [-]
		utility Case Accepted as Related Wed 11/13 11:46 AM CASE ACCEPTED AS RELATED. Create association to 1:22-md-03043-DLC. Notice of Assignment to follow. (jgo) Related: [-]
		notice Case Opening Initial Assignment Notice Wed 11/13 11:47 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) Related: [-]
		utility Case Designation Wed 11/13 11:48 AM Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) Related: [-]
		utility Case Designated ECF Wed 11/13 11:48 AM Case Designated ECF. (jgo) Related: [-]
		misc Transmission to Office of the Clerk of Court Wed 11/13 11:50 AM Transmission to Office of the Clerk of Court. Transmitted re:1 Complaint, to the Office of the Clerk of Court for processing..(jgo) Related: [-]
		misc Notice to Attorney Regarding Deficient Civil Cover Sheet Wed 11/13 11:57 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jeffrey S. Grand to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF case caption must list all of the party names. If all of the party names do not fit, include 'et al';. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated May 28, 2024. The S.D.N.Y. Civil Cover Sheet dated May 28, 2024 is located at http://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (jgo) Related: [-]
		utility Add Party for Pleading Wed 11/13 2:32 PM ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Elaine Porter added. Party added pursuant to1 Complaint.Document filed by Elaine Porter. Related document:1 Complaint..(Grand, Jeffrey) Related: [-]
		utility Case Consolidation - MDL Mon 11/18 1:28 PM CONSOLIDATED MDL CASE: Create association to 1:22-md-03043-DLC. (vfr) Related: [-]
Tuesday, November 12, 2024
3		3 notice Notice of Appearance Tue 11/12 5:31 PM NOTICE OF APPEARANCE by Jeffrey S. Grand on behalf of Elaine Porter, Nicholas Porter..(Grand, Jeffrey) Related: [-]
2		2 misc Civil Cover Sheet Tue 11/12 5:29 PM CIVIL COVER SHEET filed..(Grand, Jeffrey) Related: [-]
1		1 24 pgs cmp Complaint Tue 11/12 5:01 PM COMPLAINT against Giant, Johnson & Johnson Consumer Inc., Walgreen Co., Walmart Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-30173461)Document filed by Elaine Porter, Nicholas Porter..(Grand, Jeffrey) Related: [-]

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