Judt v. Alchemee, LLC et al

Filing 15

ORDER denying in part #14 Letter Motion to Stay re: #14 JOINT LETTER MOTION to Stay addressed to Judge Philip M. Halpern from Mark S. Reich dated May 31, 2024. Application denied to the extent that the parties seek a temporary stay of proceedings. Defendants' time to answer or otherwise respond to the Complaint is hereby extended from June 10, 2024 to August 1, 2024. The Clerk of Court is respectfully requested to terminate the motion sequence pending at Doc. 14. SO ORDERED.. (Signed by Judge Philip M. Halpern on 6/3/2024) (jca)

Application denied to the extent that the parties seek a
temporary stay of proceedings. Defendants' time to answer
or otherwise respond to the Complaint is hereby extended
from June 10, 2024 to August 1, 2024.
The Clerk of Court is respectfully requested to terminate
the motion sequence pending at Doc. 14.

May 31, 2024
BY ELECTRONIC CASE FILING
The Hon. Philip M. Halpern, U.S.D.J.
The Hon. Charles L. Brieant Jr. Fed. Building and
Courtroom 520
300 Quarropas Street
White Plains, NY 10601
Re:

SO ORDERED.
_______________________
Philip M. Halpern
United States District Judge
Dated: White Plains, New York
June 3, 2024

Judt v. Alchemee LLC and Taro Pharmaceuticals U.S.A., Inc.,
No. 7:24-cv-2718 (PMH) (S.D.N.Y.)

Dear Judge Halpern:
Pursuant to the Court’s Individual Practices, the parties jointly write to request a temporary
stay of proceedings pending the disposition in other jurisdictions, including the Judicial Panel on
Multidistrict Litigation (“JPML”), of proceedings that may inform the efficient adjudication of this
controversy. The reasons for such a stay are as follows:
1. This case is one of six putative class actions that have been filed against Defendants
Alchemee LLC and Taro Pharmaceuticals U.S.A., Inc. relating to Proactiv®, which is
a line of benzoyl peroxide-based acne treatment products. Each alleges that Proactiv
products degrade into benzene. 1 Defendants have moved and/or intend to move to
transfer each of those cases to this District pursuant to 28 U.S.C. § 1404, and in such
case would seek coordination or consolidation with this matter. See Howard, No.
2:24-cv-1834-SB-BFM (C.D. Cal.), ECF No. 33 (motion to transfer, filed May 17,
2024); Heermann v. Alchemee LLC, No. 4:24-cv-00195-BCW (W.D. Mo.), ECF No.
22 (motion to transfer, filed May 30, 2024).
2. Additional cases have been filed against other parties that manufacture, sell or
distribute different benzoyl peroxide-based acne treatment products. On May 22, 2024,
the parties in certain such actions, and including the plaintiffs in Howard, filed a motion
in the JPML seeking transfer of all such actions (including this one) for coordinated or
consolidated proceedings pursuant to 28 U.S.C. § 1407. See In re: Benzoyl Peroxide
“BPO” Mktg. & Sales Practices Litig., Case MDL No. 3120 (Jud. Panel on
Multidistrict Litig.), ECF No. 1.
3. The parties anticipate that the JPML will take up the above motion at its July 25, 2024
panel hearing, and respectfully submit that the interests of efficient case management
1

See Compl., passim; Howard v. Alchemee LLC, No. 2:24-cv-1834-SB-BFM (C.D. Cal.), Compl.,
ECF No. 1; Teron v. Alchemee LLC, No. 5:24-cv-01918-BLF (N.D. Cal.), Compl., ECF No. 1;
Ramos v. Alchemee LLC, No. 5:24-cv-02230-BLF (N.D. Cal.), Compl., ECF No. 1-2; Heermann
v. Alchemee LLC, No. 4:24-cv-00195-BCW (W.D. Mo.), Compl., ECF No. 1; O’Dea v. Alchemee
LLC, No. 1:24-cv-02755 (N.D. Ill.), Compl., ECF No. 1.

May 31,
Page 2
support the Court entering a brief stay pending the disposition of that motion. See, e.g.,
Royal Park Invs. SA/NV v. Bank of America Corp., 941 F. Supp. 2d 367, 370 (S.D.N.Y.
2013) (noting that courts “routinely” stay proceedings pending JPML rulings). The
parties respectfully propose that they submit a joint update to the Court within ten
business days of a JPML disposition with their requested next steps.
4. This request will not unduly delay these proceedings, and requires no modification to
the case schedule except insofar as suspending Defendants’ time to answer or otherwise
respond, which is currently June 10, 2024. See Order (ECF No. 13), May 8, 2024.
The parties jointly thank the Court for its consideration of this request, and are available to
answer any questions.
Respectfully,
/s/ David S. Kurtzer-Ellenbogen
David S. Kurtzer-Ellenbogen
WILLIAMS & CONNOLLY LLP
650 Fifth Avenue, Suite 1500
New York, NY 10019
Tel: [phone]
[e-mail]

/s/ Mark S. Reich
Mark S. Reich
LEVI & KORSINSKY, LLP
33 Whitehall Street, 17th Floor
New York, NY 10004
Tel: [phone]
[e-mail]