On September 30, 2020 a
Motion-Secondary
was filed
involving a dispute between
Egli , Meredith,
Meredith Egli,
and
Avon Products, Inc.,
Colgate-Palmolive Company,
Cyprus Mines Corporation,
Dana Perfumes Corp.,
Faberge Usa, Inc.,
Johnson & Johnson,
Johnson & Johnson Consumer, Inc.,
Johnson & Johnson Consumer Inc.,
Johnson & Johnson Consumer Inc., As Successor-In-Interest, Parent, Alter Ego, And Equitable Trustee Of Johnson & Johnson Consumer Inc. And Johnson & Johnson Baby Products Company,
Lander Co., Inc.,
Longs Drug Stores California, L.L.C.,
L. Perrigo Company,
Lucky Stores, Inc.,
Noxell Corporation,
Ralphs Grocery Company,
Safeway Inc.,
The Kroger Co.,
The Vons Companies, Inc.,
Unilever United States, Inc.,
Whittaker, Clark & Daniels, Inc.,
for
Unlimited Civil (Asbestos Property Damage)
in the District Court of Alameda County.
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° |
oe 22748436
ALEXANDER G. CALFO (SBN 152891)
acalfo@kslaw.com
SUSAN V. VARGAS (SBN 177972)
svargas@kslaw.com
CARTER L. GEORGE (SBN 308775)
cgeorge@kslaw.com
KING & SPALDING LLP
633 West 5th Street, Suite 1600
Los Angeles, CA 90071
Telephone: +1 213 443 4355
Facsimile: +1 213 443 4310
Attomeys for Defendants
JOHNSON & JOHNSON and
JOHNSON & JOHNSON CONSUMER INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ALAMEDA
MEREDITH A. EGLI, Case No.: RG20075272
Plaintiff, [PROPOSED] ORDER
GRANTING MOTION TO STAY OR
V. DISMISS BASED ON FORUM NON
CONVENIENS
JOHNSON & JOHNSON, et al.
[Filed concurrently with Notice of Motion,
Defendants. Motion, Memorandum, and Declaration of
Carter L. George]
Reservation ID: R 2235459
Date: March 5, 2021
Time: 10:00 a.m.
Dept: 18
Action Filed: September 30, 2020
Trial Date: None Set
Assigned forAll Purposes to
the Honorable Jo-Lynne Q. Lee, Dept. 18
Before the Court is the motion of defendants Johnson & Johnson and Johnson &
Johnson Consumer Inc. (together, the J&J defendants) to stay or dismiss based on forum
non conveniens. The Court finds that the State of Colorado is a suitable alternative forum
for plaintiff's action and that in the interests of justice, this action should proceed and be
tried in Colorado rather than in California. Good cause appearing,
[PROPOSED] ORDER GRANTING J&J DEFENDANTS’ MOTION TO STAY OR DISMISS
@ @
IT IS HEREBY ORDERED THAT:
1. The motion isGRANTED: |
[and either]
2.a. |The Court hereby STAYS this action. Ifplaintiff Meredith Egli wishes to
pursue her action against defendants, then within 120 days of this order, plaintiff shall file in
the courts of the State of Colorado or in a United States District Court located in the State
of Colorado an action against defendants, asserting the same claims and allegations
(including the same asbestos exposure allegations) that plaintiff asserts in this action. Within
150 days of this order, plaintiff shall filenotice in this proceeding if such action has been
filed in Colorado.
[or]
2.b. The Court hereby DISMISSES this action. This Court retains jurisdiction for
the limited purpose of ensuring compliance by the current, appearing defenda nts with their
agreement that: in—and only in—an action filed in the courts of the State of ¢ Colorado or in
a United States District Court located in the State of Colorado by plaintiff Me redith Egli,
asserting the same claims and allegations (including the same asbestos expost ire allegations)
that plaintiff asserts in this action, defendants will consent to personal jurisdic tion in such
action in Colorado and will agree to tolling of the statute of limitations during the pendency
of this California action; provided that, if plaintiff wishes to pursue her action against
defendants, plaintiff shall file the Colorado action within 120 days of this order.
IT IS SO ORDERED.
Dated:
THE HONORABLE JO-LYNNE Q. LEE
Judge of the Superior Court
2
[PROPOSED] ORDER GRANTING J&J DEFENDANTS’ MOTION TO STAY OR DISMISS
. PROOF OF SERVICE
Meredith A. Egli v.Johnson & Johnson, etal.
Alameda County Superior Case No. RG20075272
I, the undersigned, declare: I am a citizen of the United States, over 18 ye ars of age, and
not a party to the within action. | am employed inthe County of Los Angeles, State of
California; my business address is 633 W. Sth Street, Suite 1600, Los Angeles, CA 90071.
On the date specified below, Iserved a copy of the foregoing document de scribed as:
[PROPOSED] ORDER GRANTING MOTION TO STAY OR DISMISS ] BASED ON
FORUM NON CONVENIENS
on the interested parties in this action by placing a true copy thereofto be distributed as follows:
|X] BY ELECTRONIC SERVICE VIA FILE & SERVEXPRESS: File & ServeXpress
for service on allcounsel of record by electronic service pursuant to the Order Au thorizing
Electronic Service and pursuant to California Code of Civil Procedure § 1010.6 and California
Rules of Court 2.251. The transmission was reported as complete without error.
I declare under penalty of perjury under the laws of the State of California that the above
‘istrue and correct.
Executed on February 9, 2021, within Los Angeles County, California.
are’
S Py
if
iE tA ANKE
SaraRodriguez { A
3
[PROPOSED] ORDER GRANTING J&J DEFENDANTS’ MOTION TO STAY OR D ISMISS
Document Filed Date
February 09, 2021
Case Filing Date
September 30, 2020
Category
Unlimited Civil (Asbestos Property Damage)
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° | oe 22748436 ALEXANDER G. CALFO (SBN 152891) acalfo@kslaw.com SUSAN V. VARGAS (SBN 177972) svargas@kslaw.com CARTER L. GEORGE (SBN 308775) cgeorge@kslaw.com KING & SPALDING LLP 633 West 5th Street, Suite 1600 Los Angeles, CA 90071 Telephone: +1 213 443 4355 Facsimile: +1 213 443 4310 Attomeys for Defendants JOHNSON & JOHNSON and JOHNSON & JOHNSON CONSUMER INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ALAMEDA MEREDITH A. EGLI, Case No.: RG20075272 Plaintiff, [PROPOSED] ORDER GRANTING MOTION TO STAY OR V. DISMISS BASED ON FORUM NON CONVENIENS JOHNSON & JOHNSON, et al. [Filed concurrently with Notice of Motion, Defendants. Motion, Memorandum, and Declaration of Carter L. George] Reservation ID: R 2235459 Date: March 5, 2021 Time: 10:00 a.m. Dept: 18 Action Filed: September 30, 2020 Trial Date: None Set Assigned forAll Purposes to the Honorable Jo-Lynne Q. Lee, Dept. 18 Before the Court is the motion of defendants Johnson & Johnson and Johnson & Johnson Consumer Inc. (together, the J&J defendants) to stay or dismiss based on forum non conveniens. The Court finds that the State of Colorado is a suitable alternative forum for plaintiff's action and that in the interests of justice, this action should proceed and be tried in Colorado rather than in California. Good cause appearing, [PROPOSED] ORDER GRANTING J&J DEFENDANTS’ MOTION TO STAY OR DISMISS @ @ IT IS HEREBY ORDERED THAT: 1. The motion isGRANTED: | [and either] 2.a. |The Court hereby STAYS this action. Ifplaintiff Meredith Egli wishes to pursue her action against defendants, then within 120 days of this order, plaintiff shall file in the courts of the State of Colorado or in a United States District Court located in the State of Colorado an action against defendants, asserting the same claims and allegations (including the same asbestos exposure allegations) that plaintiff asserts in this action. Within 150 days of this order, plaintiff shall filenotice in this proceeding if such action has been filed in Colorado. [or] 2.b. The Court hereby DISMISSES this action. This Court retains jurisdiction for the limited purpose of ensuring compliance by the current, appearing defenda nts with their agreement that: in—and only in—an action filed in the courts of the State of ¢ Colorado or in a United States District Court located in the State of Colorado by plaintiff Me redith Egli, asserting the same claims and allegations (including the same asbestos expost ire allegations) that plaintiff asserts in this action, defendants will consent to personal jurisdic tion in such action in Colorado and will agree to tolling of the statute of limitations during the pendency of this California action; provided that, if plaintiff wishes to pursue her action against defendants, plaintiff shall file the Colorado action within 120 days of this order. IT IS SO ORDERED. Dated: THE HONORABLE JO-LYNNE Q. LEE Judge of the Superior Court 2 [PROPOSED] ORDER GRANTING J&J DEFENDANTS’ MOTION TO STAY OR DISMISS . PROOF OF SERVICE Meredith A. Egli v.Johnson & Johnson, etal. Alameda County Superior Case No. RG20075272 I, the undersigned, declare: I am a citizen of the United States, over 18 ye ars of age, and not a party to the within action. | am employed inthe County of Los Angeles, State of California; my business address is 633 W. Sth Street, Suite 1600, Los Angeles, CA 90071. On the date specified below, Iserved a copy of the foregoing document de scribed as: [PROPOSED] ORDER GRANTING MOTION TO STAY OR DISMISS ] BASED ON FORUM NON CONVENIENS on the interested parties in this action by placing a true copy thereofto be distributed as follows: |X] BY ELECTRONIC SERVICE VIA FILE & SERVEXPRESS: File & ServeXpress for service on allcounsel of record by electronic service pursuant to the Order Au thorizing Electronic Service and pursuant to California Code of Civil Procedure § 1010.6 and California Rules of Court 2.251. The transmission was reported as complete without error. I declare under penalty of perjury under the laws of the State of California that the above ‘istrue and correct. Executed on February 9, 2021, within Los Angeles County, California. are’ S Py if iE tA ANKE SaraRodriguez { A 3 [PROPOSED] ORDER GRANTING J&J DEFENDANTS’ MOTION TO STAY OR D ISMISS