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Nessmith et al v. Altria Group, Inc. et al, Docket No. 8:19-cv-00884 (M.D. Fla. Apr 15, 2019), Court Docket
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Nessmith et al v. Altria Group, Inc. et al

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Court Dockets
flmd
U.S. District Court
Middle District of Florida (Tampa)
CIVIL DOCKET FOR CASE #: 8:19-cv-00884-MSS-AAS

Nessmith et al v. Altria Group, Inc. et al

DOCKET INFORMATION
Minimize
Date Filed: Apr 15, 2019
Nature of suit:470 Racketeer/Corrupt Organization
Assigned to:Judge Mary S. Scriven
Cause:18:1962 Racketeering (RICO) Act
Date terminated:2019-08-08
Jurisdiction:Diversity
Jury demand:Plaintiff
Referred to:Magistrate Judge Amanda Arnold Sansone
Related Documents: Multidistrict Litigation 2913

Parties and Attorneys

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 Plaintiff
Erin Nessmith
individually, and as guardians of their minor child, A.N., on behalf of themselves and on behalf of those similarly situated
Plaintiff
Representation
Jonathan Robert Gdanski
Schlesinger Law Offices, PA
1212 SE 3rd Ave
Ft Lauderdale, FL 33316
(954) 467-8800
Fax: (954) 320-9509
jonathan@schlesingerlawoffices.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Scott Schlesinger
Schlesinger Law Offices, PA
1212 SE 3rd Ave
Ft Lauderdale, FL 33316
scott@schlesingerlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jeffrey L. Haberman
Schlesinger Law Offices, PA
1212 SE 3rd Ave
Ft Lauderdale, FL 33316
JHaberman@schlesingerlaw.com
ATTORNEY TO BE NOTICED

 Plaintiff
Jared Nessmith
individually, and as guardians of their minor child, A.N., on behalf of themselves and on behalf of those similarly situated
Plaintiff
Representation
Jonathan Robert Gdanski
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Scott Schlesinger
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jeffrey L. Haberman
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Altria Group, Inc.
Defendant
Representation
Geoffrey Jonathan Michael
Arnold & Porter Kaye Scholer, LLP
601 Massachusetts Ave NW
Washington, DC 20001-3743
(202) 942-5000
Fax: (202) 942-5999
geoffrey.michael@aporter.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
William J. Schifino , Jr.
Gunster
401 E Jackson St Ste 2500
Tampa, FL 33602-5226
(813) 228-9080
Fax: (813) 221-7335
bschifino@gunster.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Defendant
Philip Morris USA, Inc.
Defendant
Representation
Geoffrey Jonathan Michael
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
William J. Schifino , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Defendant
Juul Labs, Inc.
Defendant
Representation
George S. LeMieux
Gunster, Yoakley & Stewart, PA
Ste 1400
450 E Las Olas Blvd
Ft Lauderdale, FL 33301
(954) 468-1300
Fax: (954) 523-1722
glemieux@gunster.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
George Charles Nierlich
Gibson, Dunn & Crutcher LLP
555 Mission St Ste 3000
San Francisco, CA 94105-0921
(415) 393-8200
GNierlich@gibsondunn.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
William J. Schifino , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Docket Entries

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Numbers shown are court assigned numbers.

EntryFiledPDFDescription
1Apr 15, 2019ViewCOMPLAINT against Altria Group, Inc., Philip Morris USA, Inc., JUUL Labs, Inc. with Jury Demand (Filing fee $ 400 receipt number 113A-15351750) filed by Erin Nessmith, Jared Nessmith. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons)(Haberman, Jeffrey) (Entered: 04/15/2019)
2Apr 15, 2019RequestNEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Amanda Arnold Sansone. New case number: 8:19-cv-884-T-35AAS. (SJB) (Entered: 04/15/2019)
3Apr 16, 2019RequestSUMMONS issued as to Altria Group, Inc., Juul Labs, Inc., Philip Morris USA, Inc. (LNR) (Entered: 04/16/2019)
4Apr 17, 2019ViewRELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 5/1/2019. Signed by Judge Mary S. Scriven on 4/17/2019. (KTT) (Entered: 04/17/2019)
5Apr 17, 2019RequestINTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 5/1/2019. Signed by Judge Mary S. Scriven on 4/17/2019. (KTT) (Entered: 04/17/2019)
6Apr 30, 2019RequestNOTICE of Appearance by George S. LeMieux on behalf of Juul Labs, Inc. (LeMieux, George) (Entered: 04/30/2019)
7Apr 30, 2019RequestNOTICE of Appearance by William J. Schifino, Jr. on behalf of Juul Labs, Inc. (Schifino, William) (Entered: 04/30/2019)
8Apr 30, 2019RequestCORPORATE Disclosure Statement by Altria Group, Inc. (Michael, Geoffrey) (Entered: 04/30/2019)
9Apr 30, 2019ViewCORPORATE Disclosure Statement by Philip Morris USA, Inc. identifying Corporate Parent Altria Group, Inc. for Philip Morris USA, Inc. (Michael, Geoffrey) (Entered: 04/30/2019)
10Apr 30, 2019ViewMOTION for Extension of Time to File Answer re 1 Complaint, and For Shortened Response Period by All Defendants. (Schifino, William) (Entered: 04/30/2019)
11Apr 30, 2019RequestNOTICE of Appearance by Geoffrey Jonathan Michael on behalf of Altria Group, Inc., Philip Morris USA, Inc. (Michael, Geoffrey) (Entered: 04/30/2019)
12May 1, 2019RequestCERTIFICATE of interested persons and corporate disclosure statement re 5 Interested persons order by Erin Nessmith, Jared Nessmith. (Haberman, Jeffrey) (Entered: 05/01/2019)
13May 1, 2019RequestAMENDED CERTIFICATE of interested persons and corporate disclosure statement re 5 Interested persons order by Erin Nessmith, Jared Nessmith. (Haberman, Jeffrey) (Entered: 05/01/2019)
14May 1, 2019RequestNOTICE of pendency of related cases re 4 Related case order and track 2 notice per Local Rule 1.04(d) by Erin Nessmith, Jared Nessmith. Related case(s): yes (Haberman, Jeffrey) (Entered: 05/01/2019)
15May 1, 2019RequestENDORSED ORDER GRANTING IN PART AND DENYING IN PART 10 Defendants' Motion for Extension of Time to Respond to Plaintiffs' Complaint, and for Shortened Response Period. Defendants shall have up to and including June 12, 2019 to file their answers or otherwise respond to the Complaint. Defendants' request for a shortened response period is denied as moot. Signed by Judge Mary S. Scriven on 5/1/2019. (APF) (Entered: 05/01/2019)
16May 8, 2019RequestNOTICE of pendency of related cases per Local Rule 1.04(d) by Juul Labs, Inc.. Related case(s): yes (Schifino, William) (Entered: 05/08/2019)
17May 8, 2019ViewCERTIFICATE of interested persons and corporate disclosure statement re 5 Interested persons order by Juul Labs, Inc. identifying Other Affiliate Lexington Insurance Company, Other Affiliate Altria Group, Inc., Other Affiliate RSUI Indemnity Company, Other Affiliate Gemini Insurance Company, Other Affiliate National Union Fire Insurance Company of Pittsburg, PA., Other Affiliate Starr Indemnity & Liability Company, Other Affiliate Endurance Risk Solutions Assurance Co., Other Affiliate RSG Underwriting Managers Europe Limited t/a Startpoint, Other Affiliate Underwriters at Lloyd's, London, Syndicate 3624, Other Affiliate Underwriters at Lloyd's, London, Syndicate 2623/623 for Juul Labs, Inc... (Schifino, William) (Entered: 05/08/2019)
18May 17, 2019RequestTERMINATED, Special Admission Certification form not to be filed electronically.***CERTIFICATE of counsel G. Charles Nierlich by William J. Schifino, Jr. on behalf of Juul Labs, Inc. (Schifino, William) Modified text and image on 5/20/2019 (LNR). (Entered: 05/17/2019)
19May 17, 2019RequestUnopposed MOTION for G. Charles Nierlich to appear pro hac vice by Juul Labs, Inc. (Schifino, William) Motions referred to Magistrate Judge Amanda Arnold Sansone. (Entered: 05/17/2019)
20May 17, 2019ViewMOTION to transfer case or MOTION to stay and Incorporated Memorandum of Law by Juul Labs, Inc. (Attachments: # 1 Exhibit Declaration of G. Charles Nierlich, # 2 Exhibit Declaration of Danna McKay)(Schifino, William) (Entered: 05/17/2019)
21May 17, 2019ViewJOINDER in motion by Altria Group, Inc., Philip Morris USA, Inc. re 20 MOTION to transfer case or MOTION to stay and Incorporated Memorandum of Law filed by Juul Labs, Inc. (Michael, Geoffrey) (Entered: 05/17/2019)
22May 17, 2019RequestMOTION for Extension of Time to File Answer re 1 Plaintiffs' Complaint by Juul Labs, Inc. (Schifino, William) (Entered: 05/17/2019)
23May 20, 2019RequestENDORSED ORDER granting 19 motion to appear pro hac vice. G. Charles Nierlich may appear pro hac vice if he complies with Local Rule 2.01(d)'s fee and email registration requirements by June 3, 2019. Signed by Magistrate Judge Amanda Arnold Sansone on 5/20/2019. (DMP) (Entered: 05/20/2019)
May 22, 2019***PRO HAC VICE FEES paid by attorney G. Charles Nierlich, appearing on behalf of Juul Labs, Inc. (Filing fee $150 receipt number TPA056676.). (JCG) (Entered: 05/22/2019)
24May 31, 2019ViewRESPONSE in Opposition re 20 MOTION to transfer case or MOTION to stay and Incorporated Memorandum of Law filed by Erin Nessmith, Jared Nessmith. (Haberman, Jeffrey) (Entered: 05/31/2019)
25May 31, 2019ViewRESPONSE in Opposition re 22 MOTION for Extension of Time to File Answer re 1 Plaintiffs' Complaint filed by Erin Nessmith, Jared Nessmith. (Haberman, Jeffrey) (Entered: 05/31/2019)
26Jun 4, 2019RequestMOTION for leave to file Reply in Support of Motion to Transfer or Stay by Juul Labs, Inc. (LeMieux, George) (Entered: 06/04/2019)
27Jun 4, 2019ViewAmended MOTION for leave to file Reply in Support of Motion to Transfer or Stay with Updated Local Rule 3.01(g) Certificate by Juul Labs, Inc. (LeMieux, George) (Entered: 06/04/2019)
28Jun 6, 2019RequestENDORSED ORDER GRANTING AS STATED HEREIN 22 Defendants' Motion for an Extension of Time to Respond to Plaintiffs' Complaint. Defendants' deadline to file their answers or otherwise respond to the Complaint and the Parties' obligations under Federal Rules of Civil Procedure 16 and 26, Local Rule 3.05, and the Court's April 17, 2019 Related Case Order and Track Two Notice are CONTINUED until such time as the Court provides the Parties with further direction. Signed by Judge Mary S. Scriven on 6/6/2019. (APF) (Entered: 06/06/2019)
29Jul 24, 2019ViewMOTION for preliminary injunction with Incorporated Memorandum of Law by Erin Nessmith, Jared Nessmith. (Attachments: # 1 Exhibit 1 - Affidavit Erin NesSmith, # 2 Exhibit 2 - Affidavit of Judith Prochaska, # 3 Exhibit 3 - Affidavit of Bonnie Halpern-Felsher, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Text of Proposed Order)(Haberman, Jeffrey) (Entered: 07/24/2019)
30Jul 26, 2019RequestENDORSED ORDER GRANTING 27 Defendant Juul Labs, Inc.'s Amended Motion for Leave to File Reply Brief in Further Support of Motion to Transfer or Stay; DENYING AS MOOT 26 Defendant Juul Labs, Inc.'s Motion for Leave to File a Reply Brief in Further Support of its Motion to Transfer or Stay, in light of the amended filing. Defendant shall have up to and including seven (7) days from the date of this Order to file a Reply, which shall not exceed five (5) pages. Signed by Judge Mary S. Scriven on 7/26/2019. (APF) (Entered: 07/26/2019)
31Jul 29, 2019ViewMOTION for miscellaneous relief, specifically Defendants' Request to Defer Briefing and Hearing of Plaintiffs' Motion for Preliminary Injunction until After Resolution of Pending Motion to Transfer or Stay or, Alternatively, Forthcoming Motion to Transfer to Judicial Panel on Multidistrict Litigation by All Defendants. (Attachments: # 1 Exhibit A)(Schifino, William) (Entered: 07/29/2019)
32Aug 2, 2019ViewREPLY to Response to Motion re 20 MOTION to transfer case or MOTION to stay and Incorporated Memorandum of Law, 31 MOTION for miscellaneous relief, specifically Defendants' Request to Defer Briefing and Hearing of Plaintiffs' Motion for Preliminary Injunction until After Resolution of Pending Motion to Transfer or Stay or, Alternatively, Forthcoming Moti filed by Altria Group, Inc., Juul Labs, Inc., Philip Morris USA, Inc.. (Attachments: # 1 Exhibit Brief in Support of Juul Labs' Motion to Transfer Related Cases for Consolidated Pretrial Proceedings, # 2 Exhibit Order on Juul Labs' Motion to Transfer or Stay, # 3 Exhibit California Complaint (Boyens v. Juul Labs, et. al.))(Schifino, William) (Entered: 08/02/2019)
33Aug 8, 2019RequestORDER GRANTING 31 Defendants' Request to Defer Briefing and Hearing of Plaintiffs' Motion for Preliminary Injunction Until After Resolution of Pending Motion to Transfer or Stay or, Alternatively, Forthcoming Motion to Transfer to Judicial Panel on Multidistrict Litigation. See Order for details. Signed by Judge Mary S. Scriven on 8/8/2019. (APF) (Entered: 08/08/2019)
34Oct 3, 2019RequestMULTIDISTRICT LITIGATION panel transfer order transferring case to: Northern District of California re: MDL case number: 2913. (AG) (Entered: 10/03/2019)
Oct 7, 2019Acknowledgment - Transferred case has been opened in the Northern District of California as case 3:19-cv-06344, filed on 10/04/2019. (AG) (Entered: 10/07/2019)

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