IN THE UNITES STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION PATRICK BARKER, ADMINISTRATOR OF THE ESTATE OF CARLA L. BARKER, DECEASED 19295 West State Route 51 Elmore, OH 43416 and PATRICK BARKER 19295 West State Route 51 Elmore, OH 43416 Plaintiffs, vs. JOHNSON & JOHNSON c/o M. H. Ullmann, Registered Agent One Johnson & Johnson Plaza New Brunswick, NJ 08901-1241 and JOHNSON & JOHNSON CONSUMER COMPANIES, INC. c/o Johnson & Johnson, Registered Agent One Johnson & Johnson Plaza New Brunswick, NJ 08901-1241 and IMERYS TALC AMERICA, INC. F/K/A LUZENAC AMERICA, INC. c/o Corporation Service Company, Registered Agent 2711 Centerville Road Suite 400 Wilmington, DE 19808 and Case No: Judge COMPLAINT, JURY DEMAND ENDORSED HEREON AND REQUEST FOR PRODUCTION OF DOCUMENTS Trial Council: Chad M. Tuschman (0074534) Williams DeClark Tuschman Co., L.P.A. The Louisville Building 626 Madison Avenue Suite 800 Toledo, OH 43604-1110 (419) 241-7700 (419) 241-7778 (Facsimile) [email protected]Attorney for Plaintiffs Case: 3:16-cv-02043 Doc #: 1 Filed: 08/16/16 1 of 29. PageID #: 1
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Case: 3:16-cv-02043 Doc #: 1 Filed: 08/16/16 1 of 29. PageID #: 1 · 16/08/2016 · Case: 3:16-cv-02043 Doc #: 1 Filed: 08/16/16 5 of 29. PageID #: 5. to dust themselves with this
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IN THE UNITES STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION PATRICK BARKER, ADMINISTRATOR OF THE ESTATE OF CARLA L. BARKER, DECEASED 19295 West State Route 51 Elmore, OH 43416 and PATRICK BARKER 19295 West State Route 51 Elmore, OH 43416 Plaintiffs, vs. JOHNSON & JOHNSON c/o M. H. Ullmann, Registered Agent One Johnson & Johnson Plaza New Brunswick, NJ 08901-1241 and JOHNSON & JOHNSON CONSUMER COMPANIES, INC. c/o Johnson & Johnson, Registered Agent One Johnson & Johnson Plaza New Brunswick, NJ 08901-1241 and IMERYS TALC AMERICA, INC. F/K/A LUZENAC AMERICA, INC. c/o Corporation Service Company, Registered
Agent 2711 Centerville Road Suite 400 Wilmington, DE 19808 and
Case No: Judge COMPLAINT, JURY DEMAND ENDORSED HEREON AND REQUEST FOR PRODUCTION OF DOCUMENTS Trial Council: Chad M. Tuschman (0074534) Williams DeClark Tuschman Co., L.P.A. The Louisville Building 626 Madison Avenue Suite 800 Toledo, OH 43604-1110 (419) 241-7700 (419) 241-7778 (Facsimile) [email protected] Attorney for Plaintiffs
PERSONAL CARE PRODUCTS COUNCIL F/K/A COSMETIC, TOILETRY AND FRAGRANCE ASSOCIATION 1620 L Street, Northwest, Suite 1200, Washington, District of Columbia 20036 Defendants.
*****
COMPLAINT
Now comes the Plaintiff, Patrick Barker, Individually and as Administrator of the Estate of
Carla L. Barker, Deceased, by and through undersigned Council, files this Complaint against
Defendants, Johnson & Johnson; Johnson & Johnson Consumer Companies, Inc.; Imerys Talc
America, Inc., f/k/a Luzenac America, Inc.; and Personal Care Products Council f/k/a Cosmetic,
Toiletry and Fragrance Association, alleging the following upon information and belief (including
investigation made by and through Plaintiffs’ council), except those allegations that pertain to
Plaintiffs, which are based on personal knowledge.
I. INTRODUCTION
1. That this action arises out of Carla Barker, Deceased’s diagnosis of ovarian cancer
and her demise therefrom, which was directly and proximately caused by her regular and
prolonged use of talcum powder containing product known as Johnson & Johnson Baby Power
(hereinafter “J&J Baby Powder”) in the perineal area. Carla L. Barker, Deceased’s diagnosis is a
direct and proximate result of Defendants’ and/or their corporate predecessors’ negligent, willful
and wrongful conduct in connection with the design, development, manufacture, testing,
packaging, promoting, marketing, distribution, labeling and/or sale of J&J Baby Powder.
II. VENUE AND JURISDICTION
2. This is an action for damages that exceeds the jurisdictional minimum of this Court.
3. Jurisdiction in this case is based on diversity jurisdiction pursuant to 28 U.S.C. §1332.
Plaintiff is a U.S. citizen residing in the city of Elmore, Ottawa County, Ohio.
4. Venue is proper pursuant to 28 U.S.C. §1391(a)(2) because a substantial part of the
events giving rise to Plaintiffs’ claims occurred within this judicial district.
1. In failing to warn Carla L. Barker, Deceased of the hazards associated with the use of J&J Baby Powder. 2. In failing to properly test their products to determine adequacy and effectiveness or safety measures, if any, prior to releasing J&J Baby Powder for consumer use. 3. In failing to properly test their products to determine the increased risk of ovarian cancer during the normal and/or intended use of J&J Baby Powder. 4. In failing to inform ultimate users, such as Carla L. Barker, Deceased, as to the safe and proper methods of handling and using J&J Baby Powder. 5. In failing to remove J&J Baby Powder from the market when the Defendants knew, or should have known, J&J Baby Powder was defective. 6. In failing to instruct the ultimate users, such as Carla L. Barker, Deceased, as to the methods for reducing the type of exposure to J&J Baby Powder which caused increased risk of cancer. 7. In failing to inform the public in general and Carla L. Barker, Deceased in particular of the known dangers of using J&J Baby Powder for dusting the perineum. 8. In failing to advise users how to prevent or reduce exposure that caused increased risk for cancer. 9. In marketing and labeling J&J Baby Powder as safe for all uses despite knowledge to the contrary. 10. In failing to act like a reasonably prudent company under similar circumstances.
Each and all of these acts and omissions, taken singularly or in combination, were a
proximate cause of the injuries and death of Carla L. Barker, Deceased and, thus, the injuries and
damages of the Plaintiffs.
69. At all times pertinent herein, the Johnson & Johnson Defendants knew, or should
have known, that J&J Baby Powder is unreasonably dangerous and defective when put to their
reasonably anticipated uses.
70. As a direct and proximate result of the Johnson & Johnson Defendants’ negligence,
in one or more of the aforementioned ways, Carla L. Barker, Deceased purchased and used, as
aforesaid, J&J Baby Powder that directly and proximately caused her to develop ovarian cancer
1. Despite their knowledge of the high risk of cancer associated with J&J Baby Powder, Defendants affirmatively minimized this risk through marketing and promotional efforts and product labeling; 2. Through the actions outlined above, Defendants expressed a reckless indifference to the safety of users of J&J Baby Powder and Carla L. Barker, Deceased. Defendants’ conduct, as described herein, knowing the dangers and risks of J&J Baby Powder, yet concealing and/or omitting this information, in furtherance of their conspiracy and
95. As a direct and proximate result of the willful, wanton, evilly motivated and/or reckless
conduct of the Defendants, Plaintiffs have sustained damages as set forth above.
WHEREFORE, Plaintiffs pray for judgment for punitive damages against all Defendants,
each of them, in a fair and reasonable amount sufficient to punish Defendants and deter them
and others from engaging in similar conduct in the future, costs expended herein, and such further
and other relief as the Court deems just and appropriate.
COUNT TEN – VIOLATIONS OF CONSUMER PROTECTION LAWS (IMERYS TALC AND JOHNSON & JOHNSON DEFENDANTS)
96. Plaintiffs hereby incorporate by reference each of the preceding paragraphs as if fully
set forth herein.
97. Carla L. Barker, Deceased purchased and used Defendants’ J&J Baby Powder
primarily for personal use and, thereby, suffered ascertainable losses, including death, as a result
of Defendants’ actions in violation of the consumer protection laws.
98. Had Defendants not engaged in the deceptive conduct described herein, Carla L.
Barker, Deceased would not have purchased and/or paid for Defendants’ product and would not
have incurred related medical costs and injury.
99. Defendants engaged in wrongful conduct while at the same time obtaining, under
false pretenses, moneys from Carla L. Barker, Deceased and Plaintiff for J&J Baby Powder that
would not have been paid had Defendants not engaged in unfair and deceptive conduct.
100. Defendants engaged in unfair methods of competition and deceptive acts or
practices that were proscribed by law, including the following:
1. Representing that goods or services have characteristics, ingredients, uses, benefits or quantities that they do not have. 2. Advertising goods or services with the intent not to sell them as advertised. 3. Engaging in fraudulent or deceptive conduct that creates a likelihood of confusion or misunderstanding.
101. That Carla L. Barker, Deceased and Plaintiff were injured by the cumulative and
indivisible nature of Defendants’ conduct. The cumulative effect of Defendants’ conduct directed
illnesses and death by exposing Carla L. Barker, Deceased to harmful and dangerous products.
Defendants further knowingly agreed, contrived, confederated and conspired to deprive Carla L.
Barker, Deceased and Plaintiff of the opportunity of informed free choice as to whether to use J&J
Baby Powder or to expose Carla L. Barker, Deceased to said dangers. Defendants committed
the above described wrongs by willfully misrepresenting and suppressing the truth as to the risks
and dangers associated with the use of and exposure to the J&J Baby Powder.
123. In furtherance of said conspiracies, Defendants performed the following over acts:
1. For many decades, Defendants, individually, jointly and, in conspiracy with each other, have been in possession of medical and scientific data, literature and test reports which clearly indicated that when used in an ordinary and foreseeable fashion by women, J&J Baby Powder was unreasonably dangerous, hazardous, deleterious to human health, carcinogenic and potentially deadly. 2. Despite the medical and scientific data, literature and test reports possessed by and available to Defendants, Defendants individually, jointly and, in conspiracy with each other, fraudulently, willfully and maliciously:
a. Withheld, concealed and suppressed said medical information regarding the increased risk of cancer from Plaintiff (as set out in the “Facts” section of this pleading). In addition, on July 27, 2005, Defendants, as part of the TIPTF, corresponded and agreed to edit and delete portions of scientific papers submitted on their behalf to the United States Toxicology Program in an attempt to prevent talc from being classified as a carcinogen. b. The Defendants, through the TIPTF, instituted a “defense strategy” to defend the talc at all costs. Admittedly, the Defendants, through the TIPTF, used their influence over the NTP Subcommittee, and the threat of litigation, against the NTP to prevent the NTP from classifying talc as a carcinogen on its 10th RoC. According to the Defendants, “…we believe these strategies paid off”. c. Caused to be released, published and disseminated medical and scientific data, literature and test reports containing information and statements regarding the risks of cancer, which Defendants knew was incorrect, incomplete, outdated and misleading. Specifically, the Defendants, through the TIPTF, collectively agreed to release false information to the public regarding the safety of talc on July 1, 1992; July 8, 1992; and November 17, 1994. In a letter dated September 17, 1997, the Defendants were criticized by their own Toxicologist consultant for releasing this false information to the public, yet nothing was done by the Defendants to
correct or redact this public release of knowingly false information.
3. By these false and fraudulent representations, omissions and concealments, Defendants intended to induce Carla L. Barker, Deceased to rely upon said false and fraudulent representations, omissions and concealments and to continue to expose herself to the dangers inherent in the use of and exposure to J&J Baby Powder.
124. Carla L. Barker, Deceased and Plaintiff, reasonably and in good faith, relied upon
the aforementioned fraudulent representations, omissions and concealments made by
Defendants regarding the nature of J&J Baby Powder.
125. As a direct and proximate result of the aforementioned fraudulent representations,
omissions and concealments made by Defendants regarding the nature of J&J Baby Powder and
Plaintiff’s reliance thereon, Carla L. Barker, Deceased and Plaintiff purchased and used, as
aforesaid, J&J Baby Powder that directly and proximately caused Carla L. Barker, Deceased to
develop cancer. Further, Plaintiffs were caused to incur medical bills, lost wages, conscious pain
and suffering and death, for which Plaintiffs may recover.
126. As a direct and proximate result of Carla L. Barker, Deceased’s reliance, she
sustained injuries, illnesses and death and was deprived of the opportunity of informed free choice
in connection with the use and exposure to J&J Baby Powder.
WHEREFORE, Plaintiffs pray for judgment against all Defendants, each of them, in a fair
and reasonable sum in excess of Seventy Five Thousand Dollars ($75,000.00), together with
costs expended herein and such further and other relief as the Court deems just and appropriate.
COUNT THIRTEEN – ACTING IN CONCERT (ALL DEFENDANTS)
127. Plaintiffs reallege and incorporate by reference every allegation of this Complaint as
if each were set forth fully and completely herein.
128. At all times pertinent herein, Imerys Talc, Johnson & Johnson Defendants and the
Personal Care Products Council f/k/a Cosmetic, Toiletry and Fragrance Association (PCPC),
knew that J&J Baby Powder should contain warnings on the risk of gynecological cancer posed
by women using the product to powder the perineal region but, purposefully sought to suppress
135. Carla L. Barker, Deceased, suffered serious injury and pecuniary losses as a
proximate result of the aiding and abetting of Defendant, PCPC, including but not limited to, the
loss of her life.
WHEREFORE, Plaintiffs pray for judgment against all Defendants, each of them, in a fair
and reasonable sum in excess of Seventy Five Thousand Dollars ($75,000.00), together with
costs expended herein and such further and other relief as the Court deems just and appropriate.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully request the following damages be considered
separately and individually for the purpose of determining the sum of money that will fairly and
reasonably compensate Plaintiffs:
a. Severe impairment to Carla L. Barker, Deceased’s ovaries and reproductive system. b. Medical expenses. c. Pain and suffering. d. Mental anguish, anxiety and discomfort. e. Lost wages and income. f. Fear of cancer or other related disease. g. Physical impairment. h. Physical disfigurement. i. Loss of enjoyment of life. j. Death. k. Pre and post judgment interest. l. Exemplary and punitive damages in an amount to be determined at trial. m. Treble damages. n. General damages. o. Reasonable and necessary attorneys’ fees and other disbursements and expenses of this action. p. Such other relief to which Plaintiff may be justly entitled.
Respectfully submitted, WILLIAMS DECLARK TUSCHMAN CO., L.P.A. By /s/ Chad M. Tuschman Chad M. Tuschman, Esquire (0074534) Williams DeClark Tuschman Co., L.P.A. The Louisville Building 626 Madison Avenue Suite 800 Toledo, OH 43604-1110 (419) 241-7700 (419) 241-7778 FAX [email protected]
JURY DEMAND
Now come the Plaintiffs and hereby demand a trial by a jury on all issues triable of
right by a jury.
Respectfully submitted, WILLIAMS DECLARK TUSCHMAN CO., L.P.A. By /s/ Chad M. Tuschman Chad M. Tuschman, Esquire (0074534) Williams DeClark Tuschman Co., L.P.A. The Louisville Building 626 Madison Avenue Suite 800 Toledo, OH 43604-1110 (419) 241-7700 (419) 241-7778 FAX [email protected]
REQUEST FOR PRODUCTION OF DOCUMENTS Now come the Plaintiffs, by and through their attorney, and respectfully request
the Defendants to produce copies of any and all insurance policies that may be applicable to the
allegations and claims contained in the Complaint and request that said production be made
within twenty-eight (28) days from the receipt of this request pursuant to the Rules of Civil
Procedure.
Also, you are similarly requested to produce copies of any and all statements and
videotape of the Plaintiffs given to you and/or your representative relative to the allegations and
claims contained in the Complaint.
Respectfully submitted, WILLIAMS DECLARK TUSCHMAN CO., L.P.A. By /s/ Chad M. Tuschman Chad M. Tuschman, Esquire (0074534) Williams DeClark Tuschman Co., L.P.A. The Louisville Building 626 Madison Avenue Suite 800 Toledo, OH 43604-1110 (419) 241-7700 (419) 241-7778 FAX [email protected]
Case: 3:16-cv-02043 Doc 1-1 Filed: 08/16/16 1 of 2. PagelD 30JS 44 (Rev. 07/16) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for thepurpose of initiating the civil docket sheet. (SEE INSMUCTIONS ON NEXT PAGE OF THIS FORIL)
L (a) PLAINTIFFS DEFENDANTSPatnck Barker, Administrator of the Estate of Carla Barker, dec Johnson & Johnson; Johnson & Johnson Consumer Companies, Inc.;
Imerys Talc America, Inc. F/K/A Luzenac America, Inc.; PersonalCare Products Council, F/K/A Cosmetic, Toiletry, and Fragrance
(b) County of Residence of First Listed Plaintiff Ottawa County, OH County of Residence of First Listed Defendant Middlesex Co., N.J.(EXCEPT IN U.S. PLAINTIFF CASES) (INUS. PLAINTIFF CASES ONLY)
NOTE: INLAND CONDEMNATION CASES, USE THE LOCATION OFTHE TRACT OF LAND DIVOLVED.
(C) Attorneys (Firm Name, Address, and Telephone .Wmnbe?il Attorneys (IfKnown)Chad M. Tuschman, Williams, DeClark Tuschman Co., L.P.A., TheLouisville Bldg., 626 Madison Ave., Ste. 800, Toledo, OH 43604(419) 241-7700
II BASIS OF JURISDICTION (Place an "X" in One Box Only) M. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Boxfor Plaintiff(For Diversity Cases Only) and One Box for Defendant)
O 1 U.S. Government 0 3 Federal Question PTF DEE PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen ofThis State N i 0 1 Incorporated or Principal Place 0 4 0 4ofBusiness In This State
O 2 U.S. Government N 4 Diversity Citizen ofAnother State 0 2 tEl 2 Incorporated and Principal Place 0 5 IX 5Defendant (Indicate Citizenship ofParties in Item III) ofBusiness In Another State
Citizen or Subject of a 0 3 0 3 Foreign Nation 0 6 El 6
IV. NATURE OF SHIT !Place "F" in One Rar Only)
.EITUREIPENALTY BANKRUPTCY OTHER STATUTES IO 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 625 Drug Related Seizure 0 422 Appeal 28 USC 158 0 375 False Claims ActO 120 Marine 0 310 Airplane 0 365 Personal Injury ofProperty 21 USC 881 0 423 Withdrawal 0 376 Qui Tam (31 USCO 130 Miller Act 0 315 Airplane Product Product Liability 1 690 Other 28 USC 157 3729(a))O 140 Negotiable Instrument Liability X 367 Health Care/ 0 400 State ReapportionmentO 150 Recovery of Overpayment 0 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 3 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 0 820 Copyrights 0 430 Banks and BankingO 151 Medicare Act 0 330 Federal Employers' Product Liability 0 830 Patent 0 450 CommerceO 152 Recovery of Defaulted Liability 0 368 Asbestos Personal 0 840 Trademark 0 460 Deportation
O 210 Land Condemnation 0 440 Other Civil Rights Habeas Corpus: Income Security Act 0 870 Taxes (U.S. Plaintiff 0 896 ArbitrationO 220 Foreclosure 0 441 Voting 0 463 Alien Detainee or Defendant) 0 899 Administrative Procedure0 230 Rent Lease & Ejectment 0 442 Employment 0 510 Motions to Vacate 0 871 IRS—Third Party Act/Review or Appeal ofO 240 Torts to Land 1 443 Housing/ Sentence 26 USC 7609 Agency Decision0 245 Tort Product Liability Accommodations 3 530 General 0 950 Constitutionality of0 290 All Other Real Property 7 445 Amer. w/Disabilities El 535 Death Penalty immiGRATION State Statutes
Employment Other: 0 462 Naturalizntion Application0 446 Amer. w/Disahilities 0 540 Mandamus & Other 0 465 Other Immigration
Other 0 550 Civil Rights ActionstEl 448 Education 7 555 Prison Condition
0 560 Civil DetaineeConditions ofConfinement
V. ORIGIN (Place an "X" in One Box Only)X1 Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict 0 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation Litigation(speci6) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not citejurisdictional statutes unless diversity):28 U.S.C. 1332
VI. CAUSE OF ACTION Briefdeseritnion ofcause:Product defect resulting in serious personal injury and death
VII. REQUESTED IN 11 CHECK IF THIS IS A CLASS ACTION DEMAND CHECK YES only if demanded in complaint:COMPLAINT: UNDER RULE 23, F.R.Cv.P. .11.JRY DEMAND: X Yes 0 No
VIII. RELATED CASE(S)IF ANY (See instructims): JUDGK77 DOCKET NUMBER
UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF OHIO
I. Civil Categories: (Please check one category only).
1. Fejl General Civil2. Administrative Review/Social Security3. ni Habeas Corpus Death Penalty
*If under Title 28, §2255, name the SENTENCING JUDGE:
CASE NUMBER:
IL RELATED OR REFILED CASES. See LR 3.1 which provides in pertinent part: ''If an action is filed or removed to this Court
and assigned to a District Judge after which it is discontinued, dismissed or remanded to a State court, and
subsequently refiled, it shall be assigned to the same Judge who received the initial case assignmentwithout regardforthe place of holding court in which the case was reified. Counsel or a party without counsel shall be responsible for
bringing such cases to the attention of the Court by responding to the questions included on the Civil Cover Sheet."
This action is pi RELATED to another PENDING civil case. This action is n REFILED pursuant to LR 3.1.
If applicable, please indicate on page 1 in section VIII, the name of the Judge and case number.
In accordance with Local Civil Rule 3.8, actions involving counties in the Eastern Division shall be filed at any of the
divisional offices therein. Actions involving counties in the Western Division shall be filed at the Toledo office. For the
purpose of determining the proper division, and for statistical reasons, the following information is requested.
ANSWER ONE PARAGRAPH ONLY. ANSWER PARAGRAPHS 1 THRU 3 IN ORDER. UPON FINDING WHICH
PARAGRAPH APPLIES TO YOUR CASE, ANSWER IT AND STOP.
(1) Resident defendant. If the defendant resides in a county within this district, please set forth the name of such
countyCOUNTY:Corporation For the purpose of answering the above, a corporation is deemed to be a resident of that county in which
it has its principal place of business in that district,
(2) Non-Resident defendant. If no defendant is a resident of a county in this district, please set forth the countywherein the cause of action arose or the event complained of occurred.
COUNTY:.Ottawa County
(3) Other Cases. If no defendant is a resident of this district, or if the defendant is a corporation not having a principleplace of business within the district, and the cause of action arose or the event complained of occurred outsidethis district, please set forth the county of the plaintiffs residence.
COUNTY:
IV. The Counties in the Northern District of Ohio are divided into divisions as shown below. After the county is
determined in Section III, please check the appropriate division.
EASTERN DIVISION
111 AKRON (Counties: Carroll, Holmes, Portage, Stark, Summit, Tuscarawas and Wayne)CLEVELAND (Counties: Ashland, Ashtabula, Crawford, Cuyahoga, Geauga, Lake,
Lorain, Medina and Richland)YOUNGSTOWN (Counties: Columbiana, Mahoning and Trumbull)
Patrick Barker, Administratro of the Estate of CarlaBarker, Dec.
Plaintiff
v. Civil Action No.
Johnson & Johnson, et al.
Defendant
SUMMONS IN A CIVIL ACTION
To: (Defendant's name and address)Johnson & JohnsonOne Johnson & Johnson PlazaNew Brunswick, NJ 08933
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days ifyouare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,whose name and address are:
Chad M. Tuschman, Esq.Williams, DeClark Tuschman, Co„ L.P.A.The Louisville Building626 Madison Ave., Suite 800Toledo, OH 43604-1110
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.
Patrick Barker, Administratro of the Estate of CarlaBarker, Dec.
Plaintiff
v. Civil Action No.
Johnson & Johnson, et al.
Defendant
SUMMONS IN A CIVIL ACTION
To: (Defendant's name and address)Johnson & Johnson Consumer Companies, Inc.One Johnson & Johnson PlazaNew Brunswick, NJ 08933
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,whose name and address are:
Chad M. Tuschman, Esq.DeClark Tuschman, Co., L.P.A.
The Louisville Building626 Madison Ave., Suite 800Toledo, OH 43604-1110
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.
Patrick Barker, Administratro of the Estate of CarlaBarker, Dec.
Plaintiff
v. Civil Action No.
Johnson & Johnson, et al.
Defendant
SUMMONS IN A CIVIL ACTION
To: (Defendant's name and address)Ernerys Talc America, Inc.F/K/A Luzenac America, Inc.do CSC-Lawyers Incorporating Service CompanyRegistered Agent221 BolivarJefferson City, MO 65101
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if youare the United States or a United States agency, or an officer or employee ofthe United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,whose name and address are:
Chad M. Tuschman, Esq,WiHiams, DeClark Tuschman, Co., L.P.A.The Louisville Building626 Madison Ave., Suite 800Toledo, OH 43604-1110
Ifyou fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.
Patrick Barker, Administratro of the Estate of CarlaBarker, Dec.
Plaintiff
v. Civil Action No.
Johnson & Johnson, et al.
Defendant
SUMMONS IN A CIVIL ACTION
To: (Defendant's name and address)Personal Care Products CouncilF/K/A Cosmetic, Toiletry, and Fragrance Assoc.1620 L Street, N.W., Suite 1200Washington, DC 20036
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days ifyouare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,whose name and address are:
Chad M. Tuschman, Esq.Williams, DeClark Tuschman, Co., L.P.A.The Louisville Building626 Madison Ave., Suite 800Toledo, OH 43604-1110
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.