| Court: | flsd |
| Docket #: | 9:09-cv-80840 |
| Case Name: | Hess et al v. McNeil - PPC, Inc. |
| PACER case #: | 337196 |
| Date filed: | 2009-06-04 |
| Date terminated: | 2011-03-22 |
| Assigned to: | Judge Kenneth A. Marra |
| Referred to: | Magistrate Judge Linnea R. Johnson |
| Case Cause: | 28:1332 Diversity |
| Nature of Suit: | 365 Personal Inj. Prod. Liability |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Kayla Hess Plaintiff a Minor by Susan Mckenzie, her guardian |
Brian William Smith Howard Weil Rubinstein |
| Susan McKenzie Plaintiff as individual consumers and on behalf of all others similarly situated |
Brian William Smith Howard Weil Rubinstein |
| McNeil - PPC, Inc. Defendant a New Jersey corporation |
Sidney Alton Stubbs , Jr. David J. Noonan Ethan T. Boyer Lauren E. Butz Roberto Mario Vargas |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-06-04 | 1 | 0 | COMPLAINT for equitable relief and damages against McNeil - PPC, Inc. Filing fee $ 350.00. Receipt#: 725903, filed by Kayla Hess, Susan McKenzie.(dj) (Entered: 06/04/2009) | |||
| 2009-06-04 | 2 | 0 | Summons Issued as to McNeil - PPC, Inc.. (dj) (Entered: 06/04/2009) | |||
| 2009-06-08 | 3 | 0 | Order Requiring Counsel to confer and file Joint Scheduling Report. Signed by Judge Kenneth A. Marra on 6/8/2009. (ir) (Entered: 06/08/2009) | |||
| 2009-06-12 | 4 | 0 | SUMMONS (Affidavit) Returned Executed by Kayla Hess, Susan McKenzie. McNeil - PPC, Inc. served on 6/11/2009, answer due 7/1/2009. (Smith, Brian) (Entered: 06/12/2009) | |||
| 2009-06-29 | 5 | 0 | Agreed MOTION for Extension of Time to File Response to 1 Complaint by McNeil - PPC, Inc.. (Attachments: # 1 Exhibit A)(Stubbs, Sidney)Link Added on 6/30/2009 (ail). (Entered: 06/29/2009) | |||
| 2009-06-29 | 6 | 0 | Clerks Notice to Filer re 5 . Incorrect Document Link; ERROR - The Filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ail) (Entered: 06/30/2009) | |||
| 2009-06-30 | 7 | 0 | ENDORSED ORDER granting 5 Motion for Extension of Time to Answer Complaint. McNeil - PPC, Inc. response due 7/13/2009. Signed by Judge Kenneth A. Marra on 6/30/2009. (ir) (Entered: 06/30/2009) | |||
| 2009-07-13 | 8 | 0 | ANSWER and Affirmative Defenses to Complaint by McNeil - PPC, Inc..(Vargas, Roberto) (Entered: 07/13/2009) | |||
| 2009-07-22 | 9 | 0 | Courtesy Copy of Motion for Transfer and Consolidation of Related Actions to the Southern District of California Pursuant to 28 USC 1407 sent before the Judicial Panel on Multidistrict Litigation by McNeil - PPC, Inc. (Attachments: # 1 Exhibit Notice of Lodgment, # 2 Exhibit Memorandum, # 3 Exhibit Proof of Service)(Stubbs, Sidney) -Modified text on 7/22/2009 (gp). (Entered: 07/22/2009) | |||
| 2009-07-27 | 10 | 0 | Defendant's MOTION to Stay All Proceedings Pending Decision on Motion for Transfer and Consolidation of Related Actions Filed with Panel on Multi-District Litigation and Incorporated Memorandum of Law by McNeil - PPC, Inc.. Responses due by 8/13/2009 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Vargas, Roberto) (Entered: 07/27/2009) | |||
| 2009-08-13 | 11 | 0 | RESPONSE in Opposition re 10 Defendant's MOTION to Stay All Proceedings Pending Decision on Motion for Transfer and Consolidation of Related Actions Filed with Panel on Multi-District Litigation and Incorporated Memorandum of Law filed by Kayla Hess, Susan McKenzie. (Smith, Brian) (Entered: 08/13/2009) | |||
| 2009-08-19 | 12 | 0 | NOTICE by McNeil - PPC, Inc. of Filing Courtesy Copies (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Vargas, Roberto) (Entered: 08/19/2009) | |||
| 2009-08-24 | 13 | 0 | REPLY to Response to Motion re 10 Defendant's MOTION to Stay All Proceedings Pending Decision on Motion for Transfer and Consolidation of Related Actions Filed with Panel on Multi-District Litigation and Incorporated Memorandum of Law filed by McNeil - PPC, Inc.. (Attachments: # 1 Exhibit A)(Vargas, Roberto) (Entered: 08/24/2009) | |||
| 2009-08-21 | 14 | 0 | MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings of David J. Noonan. Filing Fee $75. Receipt # 726225. (cw) (Entered: 08/24/2009) | |||
| 2009-08-21 | 15 | 0 | MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings of Ethan T. Boyer. Filing Fee $75. Receipt # 726224. (cw) (Entered: 08/24/2009) | |||
| 2009-08-21 | 16 | 0 | MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings of Lauren E. Butz. Filing Fee $75. Receipt # 726223. (cw) (Entered: 08/24/2009) | |||
| 2009-08-25 | 17 | 0 | ORDER granting 10 Motion to Stay. This case is ADMINISTRATIVELY CLOSED. Signed by Judge Kenneth A. Marra on 8/24/2009. (ir) (Entered: 08/25/2009) | |||
| 2009-08-26 | 18 | 0 | ENDORSED ORDER granting Ethan T. Boyer 15 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Ethan T. Boyer. Filing Fee $75. Receipt # 726224, granting Lauren E. Butz 16 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Lauren E. Butz. Filing Fee $75. Receipt # 726223, granting David J. Noonan 14 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for David J. Noonan. Filing Fee $75. Receipt # 726225. Signed by Judge Kenneth A. Marra on 8/26/2009. (ir) (Entered: 08/26/2009) | |||
| 2009-08-28 | 19 | 0 | NOTICE by McNeil - PPC, Inc. of Filing Courtesy Copies (Attachments: # 1 Exhibit A)(Vargas, Roberto) (Entered: 08/28/2009) | |||
| 2009-10-02 | 20 | 0 | ORDER DENYING TRANSFER - In Re: Listerine Agent Cool Blue Products Liability Litigation MDL No. 2097. Signed by Robert L. Miller, Jr., Acting Chairman of the Panel (gp) (Entered: 10/02/2009) | |||
| 2009-10-02 | 21 | 0 | Plaintiff's MOTION to Reopen Case and Lift Stay by Kayla Hess. (Smith, Brian) (Entered: 10/02/2009) | |||
| 2009-10-03 | 22 | 0 | ORDER; granting 21 Motion to Reopen Case. The Clerk shall re-open this case. Signed by Judge Kenneth A. Marra on 10/3/2009. (asl) (Entered: 10/05/2009) | |||
| 2009-10-08 | 23 | 0 | Plaintiff's MOTION to Amend/Correct 1 Complaint by Kayla Hess, Susan McKenzie. Responses due by 10/26/2009 (Smith, Brian) Link added on 10/9/2009 (ail). (Entered: 10/08/2009) | |||
| 2009-10-09 | 24 | 0 | Clerks Notice to Filer re 23 Plaintiff's MOTION to Amend/Correct Complaint. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ail) (Entered: 10/09/2009) | |||
| 2009-10-15 | 25 | 0 | RESPONSE to Motion re 23 Plaintiff's MOTION to Amend/Correct Complaint filed by McNeil - PPC, Inc.. Replies due by 10/26/2009. (Vargas, Roberto) (Entered: 10/15/2009) | |||
| 2009-10-16 | 26 | 0 | ENDORSED ORDER granting 23 Motion to Amend/Correct Complaint. Plaintiff shall separately file the Amended Complaint. Signed by Judge Kenneth A. Marra on 10/16/2009. (ir) (Entered: 10/16/2009) | |||
| 2009-10-20 | 27 | 0 | AMENDED COMPLAINT for Equitable Relief and Damages, filed by Susan McKenzie, Kayla Hess.(Smith, Brian) (Entered: 10/20/2009) | |||
| 2009-10-27 | 28 | 0 | ANSWER and Affirmative Defenses to Amended Complaint by McNeil - PPC, Inc..(Vargas, Roberto) (Entered: 10/27/2009) | |||
| 2009-12-08 | 29 | 0 | Joint MOTION for Protective Order (Stipulated) by McNeil - PPC, Inc.. (Attachments: # 1 Exhibit 1)(Vargas, Roberto)Event Modified on 12/9/2009 (ail). (Entered: 12/08/2009) | |||
| 2009-12-08 | 30 | 0 | Clerks Notice to Filer re 29 Joint MOTION Joint Motion for Entry of Stipulated Protective Order. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ail) (Entered: 12/09/2009) | |||
| 2010-03-11 | 31 | 0 | ORDER requiring Joint Scheduling Report within 21 days of the date of entry of this Order. Signed by Judge Kenneth A. Marra on 3/11/2010. (ir) (Entered: 03/11/2010) | |||
| 2010-03-11 | 32 | 0 | SCHEDULING REPORT - Rule 26(f) by McNeil - PPC, Inc. (Attachments: # 1 Exhibit a - Proposed Scheduling Order)(Vargas, Roberto) (Entered: 03/11/2010) | |||
| 2010-03-12 | 33 | 0 | SCHEDULING ORDER: ( Jury Trial set for 6/6/2011 10:00 AM in West Palm Beach Division before Judge Kenneth A. Marra., Calendar Call set for 6/3/2011 10:00 AM in West Palm Beach Division before Judge Kenneth A. Marra., Discovery due by 1/14/2011., Motions due by 1/31/2011.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Linnea R. Johnson for Discovery Proceedings. Signed by Judge Kenneth A. Marra on 3/12/2010. (tb) (Entered: 03/15/2010) | |||
| 2010-03-17 | 34 | 0 | ORDER granting 29 Joint Motion for Entry of Stipulated Protective Order. Signed by Magistrate Judge Linnea R. Johnson on 3/17/2010. (tmn) (Entered: 03/17/2010) | |||
| 2010-04-23 | 35 | 0 | Initial Disclosure(s) by Susan McKenzie (Smith, Brian) (Entered: 04/23/2010) | |||
| 2010-05-14 | 36 | 0 | NOTICE of Mediator Selection: Joel Levine selected.(Vargas, Roberto) (Entered: 05/14/2010) | |||
| 2010-06-08 | 37 | 0 | Unopposed MOTION for Leave to File Second Amended Complaint by Susan McKenzie. (Attachments: # 1 Text of Proposed Order)(Smith, Brian) (Entered: 06/08/2010) | |||
| 2010-06-10 | 38 | 0 | Defendant's MOTION to Compel Further Responses to Interrogatories by McNeil - PPC, Inc.. Responses due by 6/28/2010 (Vargas, Roberto) (Entered: 06/10/2010) | |||
| 2010-06-10 | 39 | 0 | NOTICE by McNeil - PPC, Inc. of Fling Declaration of Ethan Boyer in Support of Motion to Compel Further Interrogatory Responses (Attachments: # 1 Declaration of Ethan Boyer)(Vargas, Roberto) (Entered: 06/10/2010) | |||
| 2010-06-11 | 40 | 0 | ORDER granting 37 Motion for Leave to File Second Amended Complaint. Signed by Judge Kenneth A. Marra on 6/11/2010. (ir) (Entered: 06/11/2010) | |||
| 2010-06-22 | 41 | 0 | Clerk's Notice of Undeliverable Mail re 40 Order on Motion for Leave to File. US Mail returned for: HOWARD WEIL RUBINSTEIN FORWARD TIME EXPIRED . The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (lbc) (Entered: 06/22/2010) | |||
| 2010-06-29 | 42 | 0 | ORDER Granting By Default 38 Motion to Compel Further Responses to Interrogatories. Signed by Magistrate Judge Linnea R. Johnson on 6/29/2010. (sa) (Entered: 06/29/2010) | |||
| 2010-06-29 | 43 | 0 | Second AMENDED COMPLAINT for Equitable Relief and Damages against McNeil - PPC, Inc. filed in response to Order Granting Motion for Leave, filed by Susan McKenzie, Kayla Hess.(Smith, Brian) Modified on 7/1/2010 (ls). (Entered: 06/29/2010) | |||
| 2010-07-07 | 44 | 0 | Plaintiff's MOTION for Reconsideration OR IN THE ALTERATIVE, MOTION TO ALLOW PLAINTIFF TO FILE A RESPONSE TO DEFENDANTS MOTION TO COMPEL by Kayla Hess, Susan McKenzie. (Smith, Brian) (Entered: 07/07/2010) | |||
| 2010-07-08 | 45 | 0 | ORDER CORRECTING SCRIVENER'S ERROR IN COURT'S JUNE 29, 2010, ORDER AND Denying 44 Motion for Reconsideration or in the Alternative, Motion to allow Plaintiff to file a response to Defendant's Motion to Compel. Signed by Magistrate Judge Linnea R. Johnson on 7/8/2010. (sa) (Entered: 07/08/2010) | |||
| 2010-07-19 | 46 | 0 | ANSWER and Affirmative Defenses to Amended Complaint by McNeil - PPC, Inc..(Vargas, Roberto) (Entered: 07/19/2010) | |||
| 2010-10-04 | 47 | 0 | Plaintiff's MOTION to Continue Discovery ( Responses due by 10/21/2010), Plaintiff's MOTION for Leave to File Second Amended Complaint by Kayla Hess, Susan McKenzie. (Attachments: # 1 Affidavit In Support of Plaintiffs' Motion for Continuance and Motion for Leave to Amend, # 2 Exhibit A to Declaration)(Smith, Brian) (Entered: 10/04/2010) | |||
| 2010-10-11 | 48 | 0 | Plaintiff's MOTION for Extension of Time to File Motion for Class Certification by Kayla Hess, Susan McKenzie. (Smith, Brian) (Entered: 10/11/2010) | |||
| 2010-10-12 | 49 | 0 | ORDER denying without prejudice 47 Motion to Continue; denying 47 Motion for Leave to File ; denying without prejudice 48 Motion for Extension of Time to File. Signed by Judge Kenneth A. Marra on 10/12/2010. (ir) (Entered: 10/12/2010) | |||
| 2010-10-13 | 50 | 0 | Amended MOTION to Continue Proceedings until March 31, 2010 and Motion to Amend the First Amended Complaint by Kayla Hess, Susan McKenzie. Responses due by 11/1/2010 (Attachments: # 1 Exhibit to Declaration, # 2 Affidavit Declaration of Brian Smith)(Smith, Brian). Added MOTION for Leave to Amend First Amended Complaint on 10/14/2010 (tp). (Entered: 10/13/2010) | |||
| 2010-10-14 | 51 | 0 | Clerks Notice to Filer re 50 Amended MOTION to Continue Proceedings until March 31, 2010 and Motion to Amend the First Amended Complaint MOTION for Leave to File. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (tp) (Entered: 10/14/2010) | |||
| 2010-10-15 | 52 | 0 | RESPONSE in Opposition re 50 Amended MOTION to Continue Proceedings until March 31, 2010 and Motion to Amend the First Amended Complaint MOTION for Leave to File filed by McNeil - PPC, Inc.. (Vargas, Roberto) (Entered: 10/15/2010) | |||
| 2010-10-15 | 53 | 0 | NOTICE by McNeil - PPC, Inc. re 52 Response in Opposition to Motion Filing Declaration of Ethan T. Boyer (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Vargas, Roberto) (Entered: 10/15/2010) | |||
| 2010-11-02 | 54 | 0 | ORDER denying 50 Motion to Continue; denying 50 Motion for Leave to File Second Amended Complaint. Signed by Judge Kenneth A. Marra on 11/2/2010. (ir) (Entered: 11/02/2010) | |||
| 2010-11-11 | 55 | 0 | Plaintiff's MOTION for Reconsideration re 54 Order on Motion to Continue, Order on Motion for Leave to File , or in the Alternative, Plaintiff's MOTION for Leave to File Dismissal Without Prejudice by Susan McKenzie. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Smith, Brian) (Entered: 11/11/2010) | |||
| 2010-11-12 | 56 | 0 | RESPONSE in Opposition re 55 Plaintiff's MOTION for Reconsideration re 54 Order on Motion to Continue, Order on Motion for Leave to File , or in the AlternativePlaintiff's MOTION for Leave to File Dismissal Without PrejudicePlaintiff's MOTION for Reconsideration re 54 Order on Motion to Continue, Order on Motion for Leave to File , or in the Alternative filed by McNeil - PPC, Inc.. (Vargas, Roberto) (Entered: 11/12/2010) | |||
| 2010-11-12 | 57 | 0 | NOTICE by McNeil - PPC, Inc. of Filing Declaration of Ethan T. Boyer in Opposition to Plaintiffs' 55 Motion for Reconsideration or, Alternatively, Leave to File Voluntary Dismissal without Prejudice (Vargas, Roberto) Modified added link to motion on 11/12/2010 (tp). (Entered: 11/12/2010) | |||
| 2010-11-12 | 58 | 0 | Clerks Notice to Filer re 57 Notice (Other), Notice (Other). Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (tp) (Entered: 11/12/2010) | |||
| 2010-11-14 | 59 | 0 | AFFIDAVIT in Support re 55 Plaintiff's MOTION for Reconsideration re 54 Order on Motion to Continue, Order on Motion for Leave to File , or in the AlternativePlaintiff's MOTION for Leave to File Dismissal Without Prejudice filed by Kayla Hess, Susan McKenzie. (Smith, Brian) Modified text on 11/15/2010 (tp). (Entered: 11/14/2010) | |||
| 2010-11-16 | 60 | 0 | NOTICE by McNeil - PPC, Inc. re 56 Response in Opposition to Motion, of Filing Supplemental Declaration of Ethan T. Boyer (Vargas, Roberto) (Entered: 11/16/2010) | |||
| 2010-12-01 | 61 | 0 | ORDER denying 55 Motion for Reconsideration ; granting 55 Motion for Leave to File Dismissal Without Prejudice. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Kenneth A. Marra on 12/1/2010. (ir) (Entered: 12/01/2010) | 2011-04-11 22:27:32 | 35349581f3e046d7ca62920d0c6ca892fee5b8cd | |
| 2011-01-27 | 62 | 0 | NOTICE by Kayla Hess, Susan McKenzie of the Change of Address for their Attorney Howard W. Rubinstein (Smith, Brian) (Entered: 01/27/2011) |