Nessmith et al v. Altria Group, Inc. et al
Federal Civil Lawsuit California Northern District Court, Case No. 3:19-cv-06344-WHO
District Judge William H. Orrick, presiding

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Last Updated April 16, 2020 at 11:37 AM DT (1.1 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Erin Nessmith, Plaintiff

Toggle Switch Represented by Sheldon J Schlesinger PA

Name Phone Fax E-Mail
Space Jonathan Robert Gdanski +1 954 320 9507 +1 954 320 9509 jonathan@schlesingerlawoffices.com
No Logo Jared Nessmith, Plaintiff

Toggle Switch Represented by Sheldon J Schlesinger PA

Name Phone Fax E-Mail
Space Jonathan Robert Gdanski +1 954 320 9507 +1 954 320 9509 jonathan@schlesingerlawoffices.com
v.
Altria Group, Inc. Altria Group, Inc., Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space William J. Schifino, Jr. +1 813 221 2626 +1 813 221 7335 bschifino@gunster.com

Toggle Switch Represented by Arnold & Porter, LLP

Name Phone Fax E-Mail
Space Geoffrey Jonathan Michael +1 202 942 6752 +1 202 942 5999 geoffrey.michael@aporter.com
JUUL Labs, Inc. JUUL Labs, Inc., Defendant

Toggle Switch Represented by Gibson Dunn & Crutcher, LLP

Name Phone Fax E-Mail
Space George Charles Nierlich, III +1 415 393 8200 +1 415 393 8206 gnierlich@gibsondunn.com

Toggle Switch Represented by Gunster, Yoakley & Stewart, PA

Name Phone Fax E-Mail
Space George S. LeMieux +1 954 468 1352 +5231 523 523 1722 glemieux@gunster.com
Space William J. Schifino, Jr. +1 813 221 2626 +1 813 221 7335 bschifino@gunster.com
Philip Morris USA, Inc. Philip Morris USA, Inc., Defendant

Toggle Switch Represented by Arnold & Porter, LLP

Name Phone Fax E-Mail
Space Geoffrey Jonathan Michael +1 202 942 6752 +1 202 942 5999 geoffrey.michael@aporter.com

Toggle Switch Represented by Gunster, Yoakley & Stewart, PA

Name Phone Fax E-Mail
Space William J. Schifino, Jr. +1 813 221 2626 +1 813 221 7335 bschifino@gunster.com
Office San Francisco
Filed 10/4/2019
Jury Demand Plaintiff
Demand
Nature of Suit 470 - Civil (RICO) Racketeer/Corrupt Organization
Cause Section 18 U.S.C. § 1962 Racketeering (RICO) Act
Jurisdiction Diversity
Disposition
County XX US, Outside State
Terminated
Origin 6
Reopened
Lead Case
319-md-02913-WHO
Related Case
None
Other Court Case 8:19-cv-00884[Florida Middle]
Defendant Custody Status
  Entries (48) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 47 Filed: 4/16/2020, Entered: None Summons Issued
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    Legal Document (Payment Possibly Required) 46 Filed: 4/14/2020, Entered: None Proposed Summons
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      Legal Document (Payment Possibly Required) 45 Filed: 4/13/2020, Entered: None Amended Complaint
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        Legal Document (Payment Possibly Required) 43 Filed: 1/22/2020, Entered: None Order on Motion for Pro Hac Vice
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          Legal Document (Payment Possibly Required) 42 Filed: 1/22/2020, Entered: None Notice of Appearance
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            Legal Document (Payment Possibly Required) 41 Filed: 1/22/2020, Entered: None Pro Hac Vice
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              Legal Document (Payment Possibly Required) 40 Filed: 12/16/2019, Entered: None Notice (Other)
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                Legal Document (Payment Possibly Required) 39 Filed: 11/7/2019, Entered: None Notice (Other)
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                  Legal Document (Payment Possibly Required) 38 Filed: 10/18/2019, Entered: None Statement
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                    Legal Document (Payment Possibly Required) 37 Filed: 10/12/2019, Entered: None Shorten Time
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                      Legal Document (Payment Possibly Required) 35 Filed: 10/4/2019, Entered: 10/4/2019 case transferred in - district transfer
                      Case transferred in from District of Florida Middle; Case Number 8:19-cv-00884. Original file certified copy of transfer order and docket sheet received.
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                        Legal Document (Payment Possibly Required) 36 Filed: 10/12/2019, Entered: None Miscellaneous Relief
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                          Blank  MDL Member Case
                          MEMBER CASE OPENED: Florida Middle, 8:19-cv-00884-MSS-AAS, Nessmith et al., v. Altria Group, Inc., et al, Opened in California Northern District as 3:19-cv-6344-WHO pursuant to Conditional Transfer Order CTO October 1,2019 cc: JPMDL (aaaS, COURT STAFF) (Filed on 10/4/2019)
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                            Legal Document (Payment Possibly Required) 34 Filed: 10/3/2019, Entered: 10/3/2019 Miscellaneous Document
                            MULTIDISTRICT LITIGATION panel transfer order transferring case to: Northern District of California re: MDL case number: 2913. (AG)
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                              Legal Document (Payment Possibly Required) 33 Filed: 8/8/2019, Entered: 8/8/2019 order on motion for miscellaneous reliefCourt Filing
                              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)
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                                Legal Document (Payment Possibly Required) 32 Filed: 8/2/2019, Entered: 8/2/2019 Reply to Opposition/Response
                                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)
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                                  Legal Document (Payment Possibly Required) 31 Filed: 7/29/2019, Entered: 7/29/2019, Terminated: 8/8/2019 motion for miscellaneous relief
                                  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)
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                                    Blank 30 Filed: 7/26/2019, Entered: 7/26/2019 order on motion for leave to fileCourt Filing
                                    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)
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                                      Legal Document (Payment Possibly Required) 29 Filed: 7/24/2019, Entered: 7/24/2019, Terminated: 8/8/2019 Motion for preliminary injunction
                                      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)
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                                        Blank 28 Filed: 6/6/2019, Entered: 6/6/2019 Order on Motion for extension of time to answerCourt Filing
                                        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)
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                                          Legal Document (Payment Possibly Required) 27 Filed: 6/4/2019, Entered: 6/4/2019, Terminated: 7/26/2019 motion for leave to file
                                          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)
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                                            Legal Document (Payment Possibly Required) 26 Filed: 6/4/2019, Entered: 6/4/2019, Terminated: 7/26/2019 motion for leave to file
                                            MOTION for leave to file Reply in Support of Motion to Transfer or Stay by Juul Labs, Inc. (LeMieux, George)
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                                              Legal Document (Payment Possibly Required) 25 Filed: 5/31/2019, Entered: 5/31/2019 Memorandum in opposition
                                              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)
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                                                Legal Document (Payment Possibly Required) 24 Filed: 5/31/2019, Entered: 5/31/2019 Memorandum in opposition
                                                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)
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                                                  Blank  Docket Annotation
                                                  ***PRO HAC VICE FEES paid by attorney G. Charles Nierlich, appearing on behalf of Juul Labs, Inc. (Filing fee $150 receipt number TPA056676.). (JCG)
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                                                    Blank 23 Filed: 5/20/2019, Entered: 5/20/2019 Order on Motion for Pro Hac ViceCourt Filing
                                                    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)
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                                                      Legal Document (Payment Possibly Required) 22 Filed: 5/17/2019, Entered: 5/17/2019, Terminated: 6/6/2019 motion for extension of time to file answer
                                                      MOTION for Extension of Time to File Answer re [1] Plaintiffs' Complaint by Juul Labs, Inc. (Schifino, William)
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                                                        Legal Document (Payment Possibly Required) 21 Filed: 5/17/2019, Entered: 5/17/2019 Joinder
                                                        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)
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                                                          Legal Document (Payment Possibly Required) 20 Filed: 5/17/2019, Entered: 5/17/2019, Terminated: 8/8/2019 Motion to transfer case
                                                          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)
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                                                            Legal Document (Payment Possibly Required) 19 Filed: 5/17/2019, Entered: 5/17/2019, Terminated: 5/20/2019 Motion for Pro Hac ViceCourt Filing
                                                            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.
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                                                              Blank 18 Filed: 5/17/2019, Entered: 5/17/2019 Certificate of counsel
                                                              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).
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                                                                Legal Document (Payment Possibly Required) 17 Filed: 5/8/2019, Entered: 5/8/2019 Docket Annotation
                                                                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)
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                                                                  Legal Document (Payment Possibly Required) 16 Filed: 5/8/2019, Entered: 5/8/2019 Notice - other
                                                                  NOTICE of pendency of related cases per Local Rule 1.04(d) by Juul Labs, Inc.. Related case(s): yes (Schifino, William)
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                                                                    Blank 15 Filed: 5/1/2019, Entered: 5/1/2019 Order on Motion for extension of time to answerCourt Filing
                                                                    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)
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                                                                      Legal Document (Payment Possibly Required) 14 Filed: 5/1/2019, Entered: 5/1/2019 Notice - other
                                                                      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)
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                                                                        Legal Document (Payment Possibly Required) 13 Filed: 5/1/2019, Entered: 5/1/2019 Docket Annotation
                                                                        AMENDED CERTIFICATE of interested persons and corporate disclosure statement re [5] Interested persons order by Erin Nessmith, Jared Nessmith. (Haberman, Jeffrey)
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                                                                          Legal Document (Payment Possibly Required) 12 Filed: 5/1/2019, Entered: 5/1/2019 Docket Annotation
                                                                          CERTIFICATE of interested persons and corporate disclosure statement re [5] Interested persons order by Erin Nessmith, Jared Nessmith. (Haberman, Jeffrey)
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                                                                            Legal Document (Payment Possibly Required) 11 Filed: 4/30/2019, Entered: 4/30/2019 Notice of appearance
                                                                            NOTICE of Appearance by Geoffrey Jonathan Michael on behalf of Altria Group, Inc., Philip Morris USA, Inc. (Michael, Geoffrey)
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                                                                              Legal Document (Payment Possibly Required) 10 Filed: 4/30/2019, Entered: 4/30/2019, Terminated: 5/1/2019 motion for extension of time to file answer
                                                                              MOTION for Extension of Time to File Answer re [1] Complaint, and For Shortened Response Period by All Defendants. (Schifino, William)
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                                                                                Legal Document (Payment Possibly Required) 9 Filed: 4/30/2019, Entered: 4/30/2019 ECF Transfer In - converted docket entry
                                                                                CORPORATE Disclosure Statement by Philip Morris USA, Inc. identifying Corporate Parent Altria Group, Inc. for Philip Morris USA, Inc. (Michael, Geoffrey)
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                                                                                  Legal Document (Payment Possibly Required) 8 Filed: 4/30/2019, Entered: 4/30/2019 ECF Transfer In - converted docket entry
                                                                                  CORPORATE Disclosure Statement by Altria Group, Inc. (Michael, Geoffrey)
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                                                                                    Legal Document (Payment Possibly Required) 7 Filed: 4/30/2019, Entered: 4/30/2019 Notice of appearance
                                                                                    NOTICE of Appearance by William J. Schifino, Jr. on behalf of Juul Labs, Inc. (Schifino, William)
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                                                                                      Legal Document (Payment Possibly Required) 6 Filed: 4/30/2019, Entered: 4/30/2019 Notice of appearance
                                                                                      NOTICE of Appearance by George S. LeMieux on behalf of Juul Labs, Inc. (LeMieux, George)
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                                                                                        Legal Document (Payment Possibly Required) 5 Filed: 4/17/2019, Entered: 4/17/2019 Order on Motion for Order to Show CauseCourt Filing
                                                                                        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)
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                                                                                          Legal Document (Payment Possibly Required) 4 Filed: 4/17/2019, Entered: 4/17/2019 OrderCourt Filing
                                                                                          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)
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                                                                                            Legal Document (Payment Possibly Required) 3 Filed: 4/16/2019, Entered: 4/16/2019 Summons issued
                                                                                            SUMMONS issued as to Altria Group, Inc., Juul Labs, Inc., Philip Morris USA, Inc. (LNR)
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                                                                                              Blank 2 Filed: 4/15/2019, Entered: 4/15/2019 Case Assigned/ReassignedCourt Filing
                                                                                              NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Amanda Arnold Sansone. New case number: 8:19-cv-884-T-35AAS. (SJB)
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                                                                                                Legal Document (Payment Possibly Required) 1 Filed: 4/15/2019, Entered: 4/15/2019 Complaint
                                                                                                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)
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