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THE DORIS BEHR 2012 IRREVOCABLE TRUST v. JOHNSON & JOHNSON, Docket No. 3:19-cv-08828 (D.N.J. Mar 21, 2019), Court Docket
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THE DORIS BEHR 2012 IRREVOCABLE TRUST v. JOHNSON & JOHNSON

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njd
U.S. District Court
District of New Jersey [LIVE] (Trenton)
CIVIL DOCKET FOR CASE #: 3:19-cv-08828-MAS-RLS

THE DORIS BEHR 2012 IRREVOCABLE TRUST v. JOHNSON & JOHNSON

DOCKET INFORMATION
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Date Filed: Mar 21, 2019
Nature of suit:850 Securities/Commodities
Assigned to:Judge Michael A. Shipp
Case in other court:Third Circuit, 22-01657
Cause:15:78m(a) Securities Exchange Act
Jurisdiction:Federal Question
Jury demand:None
Referred to:Magistrate Judge Rukhsanah L. Singh

Parties and Attorneys

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 Plaintiff
THE DORIS BEHR 2012 IRREVOCABLE TRUST
Plaintiff
Representation
WALTER STEPHEN ZIMOLONG
ZIMOLONG LLC
PO Box 552
Villanova, PA 19085
(215) 665-0842
Fax: (215) 689-3404
wally@zimolonglaw.com
United Sta
ATTORNEY TO BE NOTICED

 Plaintiff
Hal S. Scott
Plaintiff
Representation
WALTER STEPHEN ZIMOLONG
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
JOHNSON & JOHNSON
Defendant
Representation
JUSTIN TAYLOR QUINN
ROBINSON MILLER LLC
110 Edison Place, Suite 302
NEWARK, NJ 07102
(973) 690-5400
jquinn@rwmlegal.com
IRONSIDE NEWARK
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
ANDREW MUSCATO
SKADDEN ARPS SLATE MEAGHER & FLOM LLP
ONE MANHATTAN WEST
NEW YORK, NY 10001-8602
(212) 735-3000
amuscato@skadden.com
ATTORNEY TO BE NOTICED

 Intervenor
CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM
Intervenor
Representation
JAMES E. CECCHI
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.
5 BECKER FARM ROAD
ROSELAND, NJ 07068
(973) 994-1700
Fax: (973) 994-1744
jcecchi@carellabyrne.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Intervenor
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
Intervenor
Representation
JAMES E. CECCHI
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Interested Party
Gurbir S Grewal
State of New Jersey, Office of the Attorney General
Division of Law
124 Halsey Street
POB 45029
Newark1, NJ 07101
(973) 648-2500
Interested Party
Representation
BRIAN FRANCIS MCDONOUGH
STATE OF NEW JERSEY
124 HALSEY STREET
NEWARK, NJ 07101
(973) 648-2482
Brian.McDonough@law.njoag.gov
DIVISION OF LAW
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
ANDREW HWEYOUNG YANG
STATE OF NEW JERSEY
124 HALSEY STREET
FLOOR 5
P.O. BOX 45029
NEWARK, NJ 07101
(973) 648-2689
andrew.yang@law.njoag.gov
OFFICE OF THE ATTORNEY GENERAL
ATTORNEY TO BE NOTICED

Docket Entries

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EntryFiledPDFDescription
1Mar 21, 2019ViewCOMPLAINT against JOHNSON & JOHNSON ( Filing and Admin fee $ 400 receipt number 0312-9519977), filed by THE DORIS BEHR 2012 IRREVOCABLE TRUST. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Civil Cover Sheet)(ZIMOLONG, WALTER) (Entered: 03/21/2019)
Mar 22, 2019Judge Michael A. Shipp and Magistrate Judge Lois H. Goodman added. (jem) (Entered: 03/22/2019)
2Mar 22, 2019ViewSUMMONS ISSUED as to JOHNSON & JOHNSON. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jem) (Entered: 03/22/2019)
3Mar 22, 2019RequestNOTICE of Appearance by ANDREW MUSCATO on behalf of JOHNSON & JOHNSON (MUSCATO, ANDREW) (Entered: 03/22/2019)
4Mar 22, 2019RequestCorporate Disclosure Statement by JOHNSON & JOHNSON identifying None as Corporate Parent.. (MUSCATO, ANDREW) (Entered: 03/22/2019)
5Mar 22, 2019RequestMOTION for Leave to Appear Pro Hac Vice for Attorney Jonathan F. Mitchell by THE DORIS BEHR 2012 IRREVOCABLE TRUST. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(ZIMOLONG, WALTER) (Entered: 03/22/2019)
6Mar 23, 2019RequestMOTION for Leave to Appear Pro Hac Vice for Hal S. Scott by THE DORIS BEHR 2012 IRREVOCABLE TRUST. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(ZIMOLONG, WALTER) (Entered: 03/23/2019)
Mar 25, 2019Set Deadlines as to 5 MOTION for Leave to Appear Pro Hac Vice for Attorney Jonathan F. Mitchell. Motion set for 4/15/2019 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) (Entered: 03/25/2019)
Mar 25, 2019Set Deadlines as to 6 MOTION for Leave to Appear Pro Hac Vice for Hal S. Scott. Motion set for 5/6/2019 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) (Entered: 03/25/2019)
7Mar 26, 2019ViewMOTION for Order to Show Cause Why A Preliminary Injunction Should Not Be Granted by THE DORIS BEHR 2012 IRREVOCABLE TRUST. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Text of Proposed Order)(ZIMOLONG, WALTER) (Entered: 03/26/2019)
8Mar 26, 2019ViewBRIEF in Support filed by THE DORIS BEHR 2012 IRREVOCABLE TRUST re 7 MOTION for Order to Show Cause Why A Preliminary Injunction Should Not Be Granted (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(ZIMOLONG, WALTER) (Entered: 03/26/2019)
9Mar 26, 2019RequestNOTICE of Appearance by JUSTIN TAYLOR QUINN on behalf of JOHNSON & JOHNSON (QUINN, JUSTIN) (Entered: 03/26/2019)
10Mar 27, 2019ViewLetter from Andrew Muscato to the Hon. Michael A. Shipp in Opposition to Entry of Proposed Order to Show Cause re 7 MOTION for Order to Show Cause Why A Preliminary Injunction Should Not Be Granted. (Attachments: # 1 Exhibit 1 - Transcript of Decision)(MUSCATO, ANDREW) (Entered: 03/27/2019)
11Mar 27, 2019ViewREPLY to Response to Motion filed by THE DORIS BEHR 2012 IRREVOCABLE TRUST re 7 MOTION for Order to Show Cause Why A Preliminary Injunction Should Not Be Granted (ZIMOLONG, WALTER) (Entered: 03/27/2019)
12Mar 28, 2019ViewLetter from Andrew Muscato to the Honorable Michael A. Shipp Requesting Permission to File a Two-Page Response to re 11 Reply to Response to Motion. (MUSCATO, ANDREW) (Entered: 03/28/2019)
13Mar 29, 2019ViewLETTER ORDER granting Defendant leave to file a Reply. Signed by Judge Michael A. Shipp on 3/29/2019. (km) (Entered: 03/29/2019)
14Mar 29, 2019ViewLetter from Andrew Muscato to Honorable Michael A. Shipp in response to Plaintiff's March 28, 2019 Letter. (Attachments: # 1 Exhibit A)(MUSCATO, ANDREW) (Entered: 03/29/2019)
15Mar 31, 2019ViewSUMMONS Returned Executed by THE DORIS BEHR 2012 IRREVOCABLE TRUST. JOHNSON & JOHNSON served on 3/29/2019, answer due 4/22/2019. (ZIMOLONG, WALTER) (Entered: 03/31/2019)
16Apr 8, 2019ViewMEMORANDUM OPINION filed. Signed by Judge Michael A. Shipp on 4/8/2019. (mps) (Entered: 04/08/2019)
17Apr 8, 2019ViewORDER denying 7 Motion for Order to Show Cause Why a Preliminary Injunction Should Not Be Granted. Signed by Judge Michael A. Shipp on 4/8/2019. (mps) (Entered: 04/08/2019)
18Apr 10, 2019ViewORDER granting leave to appear pro hac vice as to Susan L. Saltzstein, Esq., Christopher P. Malloy, Esq., and Patrick G. Rideout, Esq. Signed by Magistrate Judge Lois H. Goodman on 4/10/2019. (mps) (Entered: 04/10/2019)
19Apr 15, 2019ViewApplication and Proposed Order for Clerk's Order to extend time to answer as to Johnson & Johnson.. (MUSCATO, ANDREW) (Entered: 04/15/2019)
Apr 16, 2019Clerk`s Text Order - The document 19 Application for Clerk's Order to Ext Answer/Proposed Order submitted by JOHNSON & JOHNSON has been GRANTED. The answer due date has been set for 5/6/2019. (mps) (Entered: 04/16/2019)
Apr 23, 2019Pro Hac Vice fee: for the admission of Susan L. Saltzstein, Chistopher P. Malloy, and Patrick G. Rideout $ 450.00, receipt number NEW039309 (JB, ) (Entered: 04/24/2019)
20Apr 26, 2019ViewCONSENT ORDER that Defendant's time to answer, move or otherwise respond to the Complaint is extended to 5/31/2019. Defendant shall have until 5/31/2019 to file its motion. Opposition due 6/28/2019. Reply due 7/19/2019. Signed by Magistrate Judge Lois H. Goodman on 4/26/2019. (mps) (Entered: 04/26/2019)
21May 23, 2019ViewMOTION to Intervene by California Public Employees Retirement System, COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION. (Attachments: # 1 Brief, # 2 Declaration of Adam Franklin, Esq., # 3 Exhibit A, part 1 to Franklin Declaration, # 4 Exhibit A, part 2 to Franklin Declaration, # 5 Exhibit B to Franklin Declaration, # 6 Exhibit C to Franklin Declaration, # 7 Exhibit D to Fanklin Declaration, # 8 Declaration of Daniel Bienvenue, # 9 Exhibit A to Bienvenue Declaration, # 10 Exhibit B to Bienvenue Declaration, # 11 Exhibit C to Bienvenue Declaration, # 12 Exhibit D to Bienvenue Declaration, # 13 Exhibit E to Bienvenue Declaration, # 14 Declaration of Depak Gupta, Esq., # 15 Exhibit A to Gupta Declaration, # 16 Exhibit B to Gupta Declaration, # 17 Exhibit C to Gupta Declaration, # 18 Exhibit D to Gupta Declaration, # 19 Text of Proposed Order)(CECCHI, JAMES) (Entered: 05/23/2019)
May 24, 2019Set Deadlines as to 21 MOTION to Intervene . Motion set for 6/17/2019 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) (Entered: 05/24/2019)
22May 28, 2019RequestORDER granting 5 Motion for Leave to Appear Pro Hac Vice as to Jonathan F. Mitchell, Esq. Signed by Magistrate Judge Lois H. Goodman on 5/28/2019. (jem) (Entered: 05/28/2019)
23May 28, 2019RequestORDER granting 6 Motion for Leave to Appear Pro Hac Vice as to Hal S. Scott, Esq. Signed by Magistrate Judge Lois H. Goodman on 5/28/2019. (jem) (Entered: 05/28/2019)
24May 31, 2019ViewMOTION to Dismiss by COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION, California Public Employees Retirement System. (Attachments: # 1 Brief, # 2 Declaration of Depak Gupta, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(CECCHI, JAMES) (Entered: 05/31/2019)
25May 31, 2019ViewMOTION to Dismiss The Complaint by JOHNSON & JOHNSON. (Attachments: # 1 Memorandum Of Law In Support Of Defendant Johnson & Johnson's Motion To Dismiss, # 2 Certification Of Andrew Muscato In Support Of Johnson & Johnson's Motion To Dismiss, # 3 Exhibit A - The Doris Behr 2012 Irrevocable Trust's Letter Request for Commission Review of No-Action Letter, dated February 18, 2019 (without exhibits), # 4 Exhibit B - Hall Scott Op-Ed, The SECs Misguided Attack on Shareholder Arbitration, dated February 21, 2019, # 5 Exhibit C - Jacob Hale Russell Working Paper, Mandatory Securities Arbitration's Impermissibility Under State Corporate Law, # 6 Exhibit D - SEC Staff Letter Denying Request for Commission Review of No-Action Letter, dated February 22, 2019, # 7 Exhibit E - James D. Cox, Letter to the SEC, dated October 30, 2013, # 8 Text of Proposed Order)(MUSCATO, ANDREW) (Entered: 05/31/2019)
Jun 3, 2019Set Deadlines as to 25 MOTION to Dismiss The Complaint, 24 MOTION to Dismiss . Motions set for 7/1/2019 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) (Entered: 06/03/2019)
26Jun 4, 2019RequestNotice of Request by Pro Hac Vice Hal S. Scott to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-9716500.) (ZIMOLONG, WALTER) (Entered: 06/04/2019)
Jun 4, 2019Pro Hac Vice counsel, HAL S. SCOTT, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jem) (Entered: 06/04/2019)
27Jun 4, 2019RequestNotice of Request by Pro Hac Vice Jonathan F. Mitchell to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-9718323.) (ZIMOLONG, WALTER) (Entered: 06/04/2019)
Jun 5, 2019Pro Hac Vice counsel, JONATHAN F. MITCHELL, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jem) (Entered: 06/05/2019)
28Jun 6, 2019ViewLetter from James E. Cecchi Regarding No Opposition To Motion To Intervene re 21 MOTION to Intervene . (CECCHI, JAMES) (Entered: 06/06/2019)
29Jun 6, 2019ViewRESPONSE in Opposition filed by THE DORIS BEHR 2012 IRREVOCABLE TRUST re 21 MOTION to Intervene (ZIMOLONG, WALTER) (Entered: 06/06/2019)
30Jun 7, 2019ViewORDER granting leave to appear pro hac vice as to Salvatore Graziano, Jai Chandrasekhar, Marc I. Gross, Michael Grunfels, Jeremy A. Lieberman and Jennifer Pafti. Signed by Magistrate Judge Lois H. Goodman on 06/07/2019. (jmh) (Entered: 06/07/2019)
31Jun 7, 2019ViewORDER granting pro hac vice admission as to Deepak Gupta, Esq. Signed by Magistrate Judge Lois H. Goodman on 6/07/2019. (jem) (Entered: 06/07/2019)
Jun 7, 2019Pro Hac Vice fee received in the amount of $ 600.00 as to Marc I. Gross, Michael Grunfels, Jeremy A. Lieberman and Jennifer Pafti, receipt number TRE103074 (km) (Entered: 06/07/2019)
Jun 7, 2019Pro Hac Vice fee: for the admission of Deepak Gupta, $ 150, receipt number NEW039769 (JB, ) (Entered: 06/11/2019)
32Jun 10, 2019ViewREPLY to Response to Motion filed by COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION, California Public Employees Retirement System re 21 MOTION to Intervene (CECCHI, JAMES) (Entered: 06/10/2019)
Jun 12, 2019Pro Hac Vice fee received in the amount of $ 300.00 as to Salvatore Graziano and Jai Chandrasekhar, receipt number TRE103261 (km) (Entered: 06/13/2019)
33Jun 13, 2019RequestNotice of Request by Pro Hac Vice Salvatore J. Graziano, Jai Chandrasekhar, Marc I. Gross, Michael Grunfeld, Jeremy A. Lieberman, Jennifer Pafiti and Deepak Gupta to receive Notices of Electronic Filings. (TAYLOR, LINDSEY) (Entered: 06/13/2019)
Jun 13, 2019Pro Hac Vice counsel, SALVATORE J. GRAZIANO, JAI K. CHANDRASEKHAR, MARC I. GROSS, MICHAEL GRUNFELD, JEREMY A. LIEBERMAN, JENNIFER PAFITI and DEEPAK GUPTA, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jem) (Entered: 06/13/2019)
34Jun 14, 2019RequestAmicus Curiae APPEARANCE entered by BRIAN FRANCIS MCDONOUGH on behalf of Gurbir S Grewal. (MCDONOUGH, BRIAN) (Entered: 06/14/2019)
35Jun 14, 2019ViewMOTION for Leave to Appear Amicus Curiae by Gurbir S Grewal. (Attachments: # 1 Brief in Support of Motion for Leave to Appear as Amicus, # 2 Certification of Brian F McDonough, # 3 Text of Proposed Order, # 4 Brief of Amicus Curiae Attorney General of the State of New Jersey)(MCDONOUGH, BRIAN) (Entered: 06/14/2019)
Jun 14, 2019Set Deadlines as to 35 MOTION for Leave to Appear Amicus Curiae . Motion set for 7/15/2019 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) (Entered: 06/14/2019)
36Jun 18, 2019ViewNOTICE of Appearance by ANDREW HWEYOUNG YANG on behalf of Gurbir S Grewal (YANG, ANDREW) (Entered: 06/18/2019)
37Jun 27, 2019ViewConsent MOTION for Extension of Time to File Response/Reply by THE DORIS BEHR 2012 IRREVOCABLE TRUST. (Attachments: # 1 Text of Proposed Order)(ZIMOLONG, WALTER) (Entered: 06/27/2019)
Jun 27, 2019Set Deadlines as to 37 Consent MOTION for Extension of Time to File Response/Reply . Motion set for 8/5/2019 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) (Entered: 06/27/2019)
38Jun 28, 2019RequestTEXT ORDER: The Court is in receipt of Plaintiff's Motion to Extend Time to Respond, to which Defendant has consented. Although the Court grants the parties' request for an extension, the Court notes that July 5, 2019 is a Court Recess Holiday. Accordingly, Plaintiff must file its Opposition to Defendant's Motion to Dismiss by July 8, 2019. Defendant may file a reply by July 29, 2019. The Court hereby terminates Plaintiff's Motion to Extend Time. (ECF No. 37 .) So Ordered by Judge Michael A. Shipp on 6/28/2019. (gxh) (Entered: 06/28/2019)
39Jul 8, 2019ViewRESPONSE in Opposition filed by THE DORIS BEHR 2012 IRREVOCABLE TRUST re 25 MOTION to Dismiss The Complaint (ZIMOLONG, WALTER) (Entered: 07/08/2019)
40Jul 29, 2019ViewREPLY BRIEF to Opposition to Motion filed by JOHNSON & JOHNSON re 25 MOTION to Dismiss The Complaint (Attachments: # 1 Certification of Andrew Muscato, # 2 Exhibit A - Report Of Corporation Law Revision Commission)(MUSCATO, ANDREW) (Entered: 07/29/2019)
41Jul 29, 2019ViewLetter from James E. Cecchi regarding leave to file reply insupport of the motion to dismiss. (jem) (Entered: 07/30/2019)
42Jul 29, 2019ViewREPLY in Support filed by COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION, California Public Employees Retirement System re 24 MOTION to Dismiss. (jem) (Additional attachment(s) added on 7/31/2019: # 1 Cover Letter) (JB, ). (Entered: 07/30/2019)
43Aug 27, 2019ViewORDER that the Attorney General's 35 Motion for Leave to Appear and File a Brief as Amicus Curiae is GRANTED; the Attorney General's proposed amicus brief is to be filed on the docket within ten days of the entry of this Order. Signed by Magistrate Judge Lois H. Goodman on 8/27/2019. (jem) (Entered: 08/27/2019)
44Aug 27, 2019ViewLETTER ORDER granting 21 Motion to Intervene. Signed by Magistrate Judge Lois H. Goodman on 8/27/2019. (jem) (Entered: 08/27/2019)
45Aug 27, 2019ViewBRIEF in Support filed by Gurbir S Grewal re 25 MOTION to Dismiss The Complaint (YANG, ANDREW) (Entered: 08/27/2019)
46Dec 20, 2019ViewORDER TO SHOW CAUSE that by 1/03/2019, submissions by each party must show cause as to why the Court should not stay this matter pending the Delaware Supreme Court's disposition. The Clerk shall administratively terminate Defendant's Motion to Dismiss 25 and Intervenors' Motion to Dismiss 24 pending resolution of this Order to Show Cause. Signed by Judge Michael A. Shipp on 12/20/2019. (jem) (Entered: 12/20/2019)
47Jan 1, 2020ViewRESPONSE TO ORDER TO SHOW CAUSE by All Plaintiffs. (ZIMOLONG, WALTER) (Entered: 01/01/2020)
48Jan 3, 2020ViewRESPONSE TO ORDER TO SHOW CAUSE by JOHNSON & JOHNSON. (MUSCATO, ANDREW) (Entered: 01/03/2020)
49Jan 3, 2020ViewBRIEF Of Intervenors In Response To Court's Order To Show Cause (CECCHI, JAMES) (Entered: 01/03/2020)
50Feb 24, 2020ViewMEMORANDUM ORDER that this matter is stayed pending the Delaware Supreme Court's resolution of Salzberg v. Sciabacucci, No. 346,2019; the Clerk shall administratively terminate this matter. Signed by Judge Michael A. Shipp on 2/24/2020. (jem) (Entered: 02/24/2020)
51Mar 26, 2020ViewLetter from Andrew Muscato to the Honorable Michael A. Shipp Re: Joint Status Update. (MUSCATO, ANDREW) (Entered: 03/26/2020)
52Apr 2, 2020RequestTEXT ORDER: This matter comes before the Court upon the parties' March 26, 2020 joint status update. (ECF No. 51 .) Considering the Delaware Supreme Court's decision in Salzberg v. Sciabacucchi, No. 346, 2019, the parties request the stay continue for 45 days to allow them to confer on the next steps. (Id.) The parties shall file joint correspondence, or individual correspondence if joint correspondence is not possible, seeking to lift the stay or proposing a schedule for next steps by Friday, May 15, 2020. So Ordered by Judge Michael A. Shipp on 4/2/2020. (gxh) (Entered: 04/02/2020)
53May 12, 2020RequestNOTICE of Change of Address by ANDREW MUSCATO (MUSCATO, ANDREW) (Entered: 05/12/2020)
May 12, 2020CLERK'S QUALITY CONTROL MESSAGE - The 53 Notice of Change of Address submitted by Andrew Muscato, Esq. on 5/12/2020 appears to have address information that does not match the court's records for this case. Please refer to the court's website at www.njd.uscourts.gov for information and instructions on maintaining your account. (jem) (Entered: 05/12/2020)
54May 15, 2020ViewLetter from Andrew Muscato to the Honorable Michael A. Shipp Re: Joint Status Update. (MUSCATO, ANDREW) (Entered: 05/15/2020)
55May 15, 2020ViewSTIPULATION And [Proposed] Order by JOHNSON & JOHNSON. (MUSCATO, ANDREW) (Entered: 05/15/2020)
56May 21, 2020ViewSTIPULATION AND ORDER that Plaintiff shall file its Amended Complaint within 5 days from the Court's entry of the Order approving this Stipulation; the Company and the Intervenors shall have 60 days after filing of the Amended Complaint to answer, move or otherwise respond to the Amended Complaint; Should the Company and/or the Intervenors move to dismiss the Amended Complaint, Plaintiff shall have 60 days thereafter to file and serve its responding papers. Signed by Judge Michael A. Shipp on 5/21/2020. (jem) (Entered: 05/21/2020)
57May 21, 2020ViewAMENDED COMPLAINT (FIRST) against CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION, JOHNSON & JOHNSON, filed by THE DORIS BEHR 2012 IRREVOCABLE TRUST. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(ZIMOLONG, WALTER) (Entered: 05/21/2020)
58Jun 10, 2020RequestTEXT ORDER: In light of the Stipulation and Order (ECF No. 56 ) and Plaintiff's Amended Complaint (ECF No. 57 ), the stay in this matter is lifted. The Clerk shall reopen the case. So Ordered by Judge Michael A. Shipp on 6/10/2020. (gxh) (Entered: 06/10/2020)
59Jul 20, 2020ViewMOTION to Dismiss the Amended Complaint by JOHNSON & JOHNSON. (Attachments: # 1 Brief, # 2 Certification of Matthew Orlando, # 3 Text of Proposed Order)(MUSCATO, ANDREW) (Entered: 07/20/2020)
60Jul 20, 2020ViewBRIEF Intervenors' Joinder of Johnson & Johnson Motion To Dismiss (CECCHI, JAMES) (Entered: 07/20/2020)
Jul 21, 2020Set Deadlines as to 59 MOTION to Dismiss the Amended Complaint. Motion set for 8/17/2020 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) (Entered: 07/21/2020)
61Jul 24, 2020ViewRule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 59 MOTION to Dismiss the Amended Complaint . (ZIMOLONG, WALTER) (Entered: 07/24/2020)
Jul 26, 2020Reset Deadlines as to 59 MOTION to Dismiss the Amended Complaint. Motion reset for 9/8/2020 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) (Entered: 07/26/2020)
62Sep 18, 2020ViewMOTION for Extension of Time to File Response/Reply as to 59 MOTION to Dismiss the Amended Complaint by THE DORIS BEHR 2012 IRREVOCABLE TRUST. (Attachments: # 1 Text of Proposed Order)(ZIMOLONG, WALTER) (Entered: 09/18/2020)
Sep 21, 2020Set Deadlines as to 62 MOTION for Extension of Time to File Response/Reply as to 59 MOTION to Dismiss the Amended Complaint . Motion set for 10/19/2020 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) (Entered: 09/21/2020)
63Sep 21, 2020RequestORDER granting the Plaintiff's 62 Motion to extend the deadline to respond to the Defendant's 59 Motion to Dismiss the first Amended Complaint; Plaintiff's response due 9/25/2020. Signed by Judge Michael A. Shipp on 9/21/2020. (jem) (Entered: 09/21/2020)
64Sep 24, 2020ViewMOTION for Leave to File Second Amended Complaint by THE DORIS BEHR 2012 IRREVOCABLE TRUST. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(ZIMOLONG, WALTER) (Entered: 09/24/2020)
Sep 24, 2020Set Deadlines as to 64 MOTION for Leave to File Second Amended Complaint. Motion set for 10/19/2020 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) (Entered: 09/24/2020)
65Oct 13, 2020ViewORDER granting Plaintiff's 64 Motion for Leave to File a Second Amended Complaint; the Plaintiff shall file its second amended complaint within 7 days of this Court's order. Signed by Magistrate Judge Lois H. Goodman on 10/13/2020. (jem) (Entered: 10/13/2020)
66Oct 20, 2020ViewAMENDED COMPLAINT (SECOND) against CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION, JOHNSON & JOHNSON, filed by THE DORIS BEHR 2012 IRREVOCABLE TRUST, Hal S. Scott. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(ZIMOLONG, WALTER) (Entered: 10/20/2020)
67Oct 20, 2020RequestTEXT ORDER: This matter comes before the Court upon review of its docket. On October 13, 2020, Magistrate Judge Goodman entered an Order granting Plaintiff's Motion for Leave to File a Second Amended Complaint to be filed within seven days. (ECF No. 65 .) On October 20, 2020 Plaintiffs filed the Second Amended Complaint. (ECF No. 66 .) Defendant's Motion to Dismiss (ECF No. 59 ), accordingly, is terminated as moot. So Ordered by Judge Michael A. Shipp on 10/20/2020. (gxh) (Entered: 10/20/2020)
68Oct 23, 2020ViewSTIPULATION And [Proposed] Order by JOHNSON & JOHNSON. (MUSCATO, ANDREW) (Entered: 10/23/2020)
69Nov 4, 2020RequestTEXT ORDER REASSIGNING CASE. Case reassigned to Chief Judge Freda L. Wolfson for all further proceedings. Judge Michael A. Shipp no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 11/4/2020. (jjc, ) (Entered: 11/04/2020)
70Nov 4, 2020ViewSTIPULATION AND ORDER that the Company and the Intervenors shall have until 11/20/2020 to answer, move or otherwise respond to the Second Amended Complaint; Should the Company and/or the Intervenors move to dismiss the Second Amended Complaint, Plaintiffs have until 12/22/2020 to file and serve their responding papers, and the Company and/or the Intervenors, as applicable, have until 1/19/2021 to file and serve reply papers. Signed by Chief Judge Freda L. Wolfson on 11/04/2020. (jem) (Entered: 11/04/2020)
71Nov 20, 2020ViewMOTION to Dismiss the Second Amended Complaint by JOHNSON & JOHNSON. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(MUSCATO, ANDREW) (Entered: 11/20/2020)
72Nov 20, 2020ViewNOTICE by CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION re 71 MOTION to Dismiss the Second Amended Complaint Notice of Joinder In Motion To Dismiss (CECCHI, JAMES) (Entered: 11/20/2020)
Nov 20, 2020Set Deadlines as to 71 MOTION to Dismiss the Second Amended Complaint. Motion set for 12/21/2020 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) (Entered: 11/20/2020)
73Dec 7, 2020RequestTEXT ORDER REASSIGNING CASE. Case reassigned to Judge Michael A. Shipp for all further proceedings. Chief Judge Freda L. Wolfson no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 12/7/2020. (jjc, ) (Entered: 12/07/2020)
74Dec 22, 2020ViewRESPONSE in Opposition filed by Hal S. Scott, THE DORIS BEHR 2012 IRREVOCABLE TRUST re 71 MOTION to Dismiss the Second Amended Complaint (ZIMOLONG, WALTER) (Entered: 12/22/2020)
75Jan 19, 2021ViewREPLY BRIEF to Opposition to Motion filed by JOHNSON & JOHNSON re 71 MOTION to Dismiss the Second Amended Complaint (MUSCATO, ANDREW) (Entered: 01/19/2021)
76Jan 19, 2021ViewNOTICE by CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION re 75 Reply Brief to Opposition to Motion Notice of Joinder In Reply Brief For Motion To Dismiss (CECCHI, JAMES) (Entered: 01/19/2021)
77Jun 30, 2021ViewMEMORANDUM OPINION filed. Signed by Judge Michael A. Shipp on 6/30/2021. (jem) (Entered: 07/01/2021)
78Jun 30, 2021ViewORDER granting Defendant's 71 Motion to Dismiss; Plaintiffs are granted one final opportunity to file an amended complaint, which shall be filed by 7/14/2021. Signed by Judge Michael A. Shipp on 6/30/2021. (jem) (Entered: 07/01/2021)
79Jul 13, 2021ViewAMENDED COMPLAINT (THIRD) against CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION, JOHNSON & JOHNSON, filed by Hal S. Scott, THE DORIS BEHR 2012 IRREVOCABLE TRUST. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(ZIMOLONG, WALTER) (Entered: 07/13/2021)
80Jul 22, 2021ViewApplication and Proposed Order for Clerk's Order to extend time to answer as to Johnson & Johnson.. (MUSCATO, ANDREW) (Entered: 07/22/2021)
Jul 22, 2021Clerk`s Text Order - The document 80 Application for Clerk's Order to Ext Answer/Proposed Order has been GRANTED. The answer due date has been set for 8/10/2021. (jem) (Entered: 07/22/2021)
81Aug 10, 2021ViewMOTION to Dismiss the Third Amended Complaint by JOHNSON & JOHNSON. (Attachments: # 1 Memorandum Of Law In Support Of Defendant Johnson & Johnson's Motion To Dismiss the Third Amended Complaint, # 2 Certification Of Andrew Muscato In Support Of Johnson & Johnson's Motion To Dismiss the Third Amended Complaint, # 3 Exhibit A - Redline Comparing Second Amended Complaint with Third Amended Complaint, # 4 Text of Proposed Order)(MUSCATO, ANDREW) (Entered: 08/10/2021)
Aug 11, 2021Set Deadlines as to 81 MOTION to Dismiss the Third Amended Complaint. Motion set for 9/7/2021 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) (Entered: 08/11/2021)
82Aug 12, 2021ViewNOTICE by CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION re 81 MOTION to Dismiss the Third Amended Complaint Notice of Joinder In Motion To Dismiss (CECCHI, JAMES) (Entered: 08/12/2021)
83Aug 12, 2021ViewRule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 81 MOTION to Dismiss the Third Amended Complaint . (ZIMOLONG, WALTER) (Entered: 08/12/2021)
Aug 13, 2021Reset Deadlines as to 81 MOTION to Dismiss the Third Amended Complaint. Motion set for 9/20/2021 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) (Entered: 08/13/2021)
84Sep 4, 2021ViewMOTION for Extension of Time to File Response/Reply as to 81 MOTION to Dismiss the Third Amended Complaint by Hal S. Scott, THE DORIS BEHR 2012 IRREVOCABLE TRUST. (Attachments: # 1 Text of Proposed Order)(ZIMOLONG, WALTER) (Entered: 09/04/2021)
Sep 6, 2021Set Deadlines as to 84 MOTION for Extension of Time to File Response/Reply as to 81 MOTION to Dismiss the Third Amended Complaint . Motion set for 10/4/2021 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) (Entered: 09/06/2021)
85Sep 7, 2021ViewORDER granting 84 Motion to extend the deadline to respond to the motions to dismiss the third amended complaint until 9/21/2021. Signed by Judge Michael A. Shipp on 9/07/2021. (jem) (Entered: 09/07/2021)
86Sep 20, 2021ViewRESPONSE in Opposition filed by Hal S. Scott, THE DORIS BEHR 2012 IRREVOCABLE TRUST re 81 MOTION to Dismiss the Third Amended Complaint (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Declaration)(ZIMOLONG, WALTER) (Entered: 09/20/2021)
87Sep 24, 2021ViewLetter from Andrew Muscato to the Honorable Michael A. Shipp Re: Extension of Defendant's time to file reply. (Attachments: # 1 Text of Proposed Order)(MUSCATO, ANDREW) (Entered: 09/24/2021)
88Sep 24, 2021RequestORDER granting Defendant Johnson and Johnson's application to extend the deadline to file a reply brief in further support of its motion to dismiss the third amended complaint until 10/04/2021; the motion day is adjourned to 10/18/2021. Signed by Judge Michael A. Shipp on 9/24/2021. (jem) (Entered: 09/27/2021)
Sep 27, 2021Reset Deadlines as to 81 MOTION to Dismiss the Third Amended Complaint. Motion set for 10/18/2021 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) (Entered: 09/27/2021)
89Oct 4, 2021ViewREPLY BRIEF to Opposition to Motion filed by JOHNSON & JOHNSON re 81 MOTION to Dismiss the Third Amended Complaint (Attachments: # 1 Certification of Andrew Muscato, # 2 Exhibit A - Intuit Form 8-K)(MUSCATO, ANDREW) (Entered: 10/04/2021)
90Oct 5, 2021ViewNOTICE by CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION re 89 Reply Brief to Opposition to Motion Notice of Joinder In Motion To Dismiss (CECCHI, JAMES) (Entered: 10/05/2021)
91Mar 11, 2022RequestMOTION for Preliminary Injunction by Hal S. Scott, THE DORIS BEHR 2012 IRREVOCABLE TRUST. (Attachments: # 1 Declaration, # 2 Text of Proposed Order, # 3 Text of Proposed Order)(ZIMOLONG, WALTER) (Entered: 03/11/2022)
92Mar 11, 2022RequestBRIEF in Support filed by Hal S. Scott, THE DORIS BEHR 2012 IRREVOCABLE TRUST re 91 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(ZIMOLONG, WALTER) (Entered: 03/11/2022)
93Mar 14, 2022RequestLetter from Andrew Muscato to Honorable Michael A. Shipp regarding Plaintiff's Motion for an Order to Show Cause re 91 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit A - Plaintiffs' 2022 Shareholder Proposal)(MUSCATO, ANDREW) (Entered: 03/14/2022)
94Mar 15, 2022ViewMEMORANDUM OPINION filed. Signed by Judge Michael A. Shipp on 3/14/2022. (jem) (Entered: 03/16/2022)
95Mar 15, 2022RequestORDER granting 81 Motion to Dismiss; the Court dismisses with prejudice the Trust's first claim in its Third Amended Complaint; the Court dismisses without prejudice the Trust's remaining claims in its Third Amended Complaint. Signed by Judge Michael A. Shipp on 3/14/2022. (jem) (Entered: 03/16/2022)
96Mar 24, 2022RequestTEXT ORDER: In light of the Court's Order granting Defendant's Motion to Dismiss (ECF No. 95 ), the Court administratively terminates Plaintiffs' Motion for a Preliminary Injunction (ECF No. 91 ). So Ordered by Judge Michael A. Shipp on 03/24/2022. (jdb) (Entered: 03/25/2022)
Mar 25, 2022Magistrate Judge Rukhsanah L. Singh added. Magistrate Judge Lois H. Goodman no longer assigned to case. (jal, ) (Entered: 03/25/2022)
97Apr 8, 2022RequestNOTICE OF APPEAL as to 95 Order on Motion to Dismiss, by Hal S. Scott, THE DORIS BEHR 2012 IRREVOCABLE TRUST. Filing fee $ 505, receipt number ANJDC-13324242. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (ZIMOLONG, WALTER) (Entered: 04/08/2022)
98Apr 14, 2022RequestUSCA Case Number 22-1657 for 97 Notice of Appeal (USCA), filed by Hal S. Scott, THE DORIS BEHR 2012 IRREVOCABLE TRUST. USCA Case Manager Caitlyn (CJG) (Document Restricted - Court Only) (ca3cjg ) (Entered: 04/14/2022)

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