Docket Entries Since Last Update
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Court Dockets
U.S. District Court
Middle District of Florida (Tampa)
CIVIL DOCKET FOR CASE #: 8:19-cv-00884-MSS-AAS
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
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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 situatedPlaintiff
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| 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 | |
| Defendant |
Altria Group, Inc.
Defendant
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| 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 |
Juul Labs, Inc.
Defendant
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| 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 | |
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Apr 15, 2019 | View | COMPLAINT 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) |
| 2 | Apr 15, 2019 | Request | NEW 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) |
| 3 | Apr 16, 2019 | Request | SUMMONS issued as to Altria Group, Inc., Juul Labs, Inc., Philip Morris USA, Inc. (LNR) (Entered: 04/16/2019) |
| 4 | Apr 17, 2019 | View | RELATED 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) |
| 5 | Apr 17, 2019 | Request | INTERESTED 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) |
| 6 | Apr 30, 2019 | Request | NOTICE of Appearance by George S. LeMieux on behalf of Juul Labs, Inc. (LeMieux, George) (Entered: 04/30/2019) |
| 7 | Apr 30, 2019 | Request | NOTICE of Appearance by William J. Schifino, Jr. on behalf of Juul Labs, Inc. (Schifino, William) (Entered: 04/30/2019) |
| 8 | Apr 30, 2019 | Request | CORPORATE Disclosure Statement by Altria Group, Inc. (Michael, Geoffrey) (Entered: 04/30/2019) |
| 9 | Apr 30, 2019 | View | CORPORATE Disclosure Statement by Philip Morris USA, Inc. identifying Corporate Parent Altria Group, Inc. for Philip Morris USA, Inc. (Michael, Geoffrey) (Entered: 04/30/2019) |
| 10 | Apr 30, 2019 | View | MOTION for Extension of Time to File Answer re 1 Complaint, and For Shortened Response Period by All Defendants. (Schifino, William) (Entered: 04/30/2019) |
| 11 | Apr 30, 2019 | Request | NOTICE of Appearance by Geoffrey Jonathan Michael on behalf of Altria Group, Inc., Philip Morris USA, Inc. (Michael, Geoffrey) (Entered: 04/30/2019) |
| 12 | May 1, 2019 | Request | CERTIFICATE of interested persons and corporate disclosure statement re 5 Interested persons order by Erin Nessmith, Jared Nessmith. (Haberman, Jeffrey) (Entered: 05/01/2019) |
| 13 | May 1, 2019 | Request | AMENDED CERTIFICATE of interested persons and corporate disclosure statement re 5 Interested persons order by Erin Nessmith, Jared Nessmith. (Haberman, Jeffrey) (Entered: 05/01/2019) |
| 14 | May 1, 2019 | Request | NOTICE 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) |
| 15 | May 1, 2019 | Request | ENDORSED 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) |
| 16 | May 8, 2019 | Request | NOTICE 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) |
| 17 | May 8, 2019 | View | CERTIFICATE 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) |
| 18 | May 17, 2019 | Request | TERMINATED, 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) |
| 19 | May 17, 2019 | Request | Unopposed 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) |
| 20 | May 17, 2019 | View | MOTION 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) |
| 21 | May 17, 2019 | View | JOINDER 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) |
| 22 | May 17, 2019 | Request | MOTION for Extension of Time to File Answer re 1 Plaintiffs' Complaint by Juul Labs, Inc. (Schifino, William) (Entered: 05/17/2019) |
| 23 | May 20, 2019 | Request | ENDORSED 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) | ||
| 24 | May 31, 2019 | View | RESPONSE 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) |
| 25 | May 31, 2019 | View | RESPONSE 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) |
| 26 | Jun 4, 2019 | Request | MOTION for leave to file Reply in Support of Motion to Transfer or Stay by Juul Labs, Inc. (LeMieux, George) (Entered: 06/04/2019) |
| 27 | Jun 4, 2019 | View | Amended 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) |
| 28 | Jun 6, 2019 | Request | ENDORSED 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) |
| 29 | Jul 24, 2019 | View | MOTION 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) |
| 30 | Jul 26, 2019 | Request | ENDORSED 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) |
| 31 | Jul 29, 2019 | View | 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 Motion to Transfer to Judicial Panel on Multidistrict Litigation by All Defendants. (Attachments: # 1 Exhibit A)(Schifino, William) (Entered: 07/29/2019) |
| 32 | Aug 2, 2019 | View | REPLY 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) |
| 33 | Aug 8, 2019 | Request | ORDER 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) |
| 34 | Oct 3, 2019 | Request | MULTIDISTRICT LITIGATION panel transfer order transferring case to: Northern District of California re: MDL case number: 2913. (AG) (Entered: 10/03/2019) |
| Oct 7, 2019 | Acknowledgment - 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) |