Searcy v. Pfizer, Inc. et al
| Kevin C. Searcy |
| Pfizer, Inc., BioNTech, Baptist Health, Baptist Medical Center South, Baptist Medical Center East, Montgomery Baptist Hospital, ScribeAmerica, LLC, Moderna US, Inc., Moderna Services, Inc., Johnson & Johnson, Janssen, Department of Defense and Secretary of Health and Human Services |
| 2:2023cv00750 |
| December 29, 2023 |
| US District Court for the Middle District of Alabama |
| Stephen Michael Doyle |
| Emily C Marks |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on February 14, 2024. A more recent docket listing may be available from PACER.
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| Filing 66 NOTICE of Conventional Filing re: Sealed Ex A to #62 Supplement to Amended Corporate Disclosure Statement, by ScribeAmerica, LLC. (AM) (Additional attachment(s) added on 2/14/2024: #1 Exhibit A-SEALED) (AM). |
| Pursuant to the #65 Summons Returned Executed as to US Def - Reset Answer Deadlines as to Secretary of Health and Human Services: 4/9/2024. (NO PDF attached to this entry) (AM) |
| Filing 65 SUMMONS Returned Executed as to USA,signed by Elizabeth Anderson for US Attorney, served on 2/9/2024, answer due 4/9/2024, by Kevin C. Searcy . (Sabel, Mark) Modified on 2/12/2024 to remove extra events, & reflect answer deadline for US def.(AM). |
| Filing 64 Summons Issued as to U.S. Attorney, and U.S. Attorney General and returned to Counsel to perfect service. (AM) |
Filing 63
ORDER: it is ORDERED that the #61 motion is GRANTED, and ScribeAmerica shall file, under seal, Exhibit A of its supplement to its amended corporate disclosure statement on or before 2/14/2024. Signed by Chief Judge Emily C. Marks on 2/9/2024. (AM)
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| Filing 62 Supplement to #42 Amended Corporate Disclosure Statement #54 Order, filed by ScribeAmerica, LLC. (McDowell, David) Modified on 2/8/2024 to clarify text (AM). (Additional attachment(s) added on 2/14/2024: #1 Exhibit A-SEALED) (AM). |
| Filing 61 MOTION for Leave to File Exhibit A of its Supplement to its Amended Corporate Disclosure Under Seal by ScribeAmerica, LLC. (McDowell, David) Modified on 2/8/2024 to clarify text (AM). |
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Filing 60
ORDER: it is ORDERED that the #57 & #58 motions to admit pro hac vice are GRANTED, and Attorney Rachel B. Sherman and Attorney Megha Hoon are ADMITTED to appear before this Court pro hac vice to represent J&J in this action, as further set out in Order. Signed by Chief Judge Emily C. Marks on 2/7/2024. (AM)
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| Filing 59 Summons Issued as to Secretary of Health and Human Services; NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (AM) |
| Filing 58 Motion for Admission Pro Hac Vice of Megha Hoon (Filing fee $75 receipt number AALMDC-3577688.) by Janssen, Johnson & Johnson. (Attachments: #1 Exhibit A) (Babington, Joseph) Modified on 2/1/2024 to clarify text & add phv attorney name (AM). (Additional attachment(s) added on 2/6/2024: #2 Certificate of Good Standing) (AM). |
| Filing 57 Motion for Admission Pro Hac Vice of Rachel B. Sherman (Filing fee $75 receipt number AALMDC-3577677.) by Janssen, Johnson & Johnson. (Attachments: #1 Exhibit A) (Babington, Joseph) Modified on 2/1/2024 to clarify text & add phv attorney name (AM). (Additional attachment(s) added on 2/6/2024: #2 Certificate of Good Standing) (AM). |
| ***Pursuant to the #57 & #58 Motions - Attorney Megha Hoon & Rachel Beth Sherman for Janssen & Johnson & Johnson added. (NO PDF attached to this entry) (AM) |
| Filing 56 Proposed Summons Secretary of Health and Human Services (Sabel, Mark) (Main Document 56 replaced on 2/1/2024 to lock down fill-able pdf) (AM). Modified on 2/1/2024 to clarify text (AM). |
| Filing 55 Minute Entry for proceedings held before Chief Judge Emily C. Marks: Status Conference held on 1/31/2024 (PDF available for court use only). (Court Reporter Katie Sears-Silas, 334-315-0363, Katie_Searssilas@almd.uscourts.gov.) (CS) |
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Filing 54
ORDER: it is ORDERED that on or before February 7, 2024, Defendant ScribeAmerica, LLC shall file an amended conflict disclosure statement which fully identifies the members of HealthChannels, LLC. Signed by Chief Judge Emily C. Marks on 1/31/2024. (CWL)
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Filing 53
TEXT ORDER: GRANTING the #52 Motion to Withdraw William Moss as Attorney. Signed by Chief Judge Emily C. Marks on 1/31/2024. (NO PDF attached to this entry) (AM)
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| Filing 52 MOTION to Withdraw as Attorney by ScribeAmerica, LLC. (Moss, William) |
| *** Pursuant to the 53 Order - Attorney William Walker Moss terminated. (NO PDF attached to this entry) (AM) |
| Filing 51 NOTICE of Appearance by William J Hoffman on behalf of Pfizer, Inc. (Hoffman, William) |
| Filing 50 NOTICE of Appearance by Andrew Freidah on behalf of Department of Defense, Secretary of Health and Human Services (Freidah, Andrew) |
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Filing 49
ORDER: it is ORDERED that the motion to admit pro hac vice (doc. #48 ) is GRANTED, and Attorney William Hoffman is ADMITTED to appear before this Court pro hac vice to represent Pfizer in this action. Attorney Hoffman shall file a notice of appearance with the Court as soon as practicable. Signed by Chief Judge Emily C. Marks on 1/29/2024. (CWL)
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| ***Pursuant to #48 - Attorney William J Hoffman for Pfizer, Inc. added. (no pdf attached) (CWL) |
| Filing 48 Motion for William Hoffman to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3574453.) by Pfizer, Inc.. (Attachments: #1 Exhibit A - CGS of William Hoffman) (Parker, George) Modified on 1/29/2024 to add atty's name to text (CWL). |
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Filing 47
ORDER: it is ORDERED that #43 joint motion is GRANTED as follows: 1. Defendants Department of Defense and the Secretary of Health and Human Services shall file its responsive pleading on or before 3/11/2024; 2. Defendant ScribeAmerica, LLC shall file its responsive pleading on or before 3/11/2024; 3. The Plaintiff shall file its response(s) in opposition to all defendants' pending motions-including any motion(s) filed by the Government, ScribeAmerica, or both-on or before 4/25/2024; 4. The Defendants shall file replies in support of their respective motions on or before 5/9/2024; 5. The 2/5/2024 deadline set forth in the Court's 1/8/2024 #31 Order for the Plaintiff to respond to the currently pending #20 , #23 , #26 , & #28 motions to dismiss is TERMINATED; 6. Should the Court determine that oral argument is warranted, the Court will set oral argument by separate Order. Signed by Chief Judge Emily C. Marks on 1/26/2024. (AM)
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Filing 46
ORDER: it is ORDERED that a status conference is SET for 1/31/2024 at 2:00 p.m. CST by telephone conference call; DIRECTING the parties to contact Cindy Sanders, the courtroom deputy for the undersigned, for the phone number and access code required to participate in the conference call; DIRECTING the Clerk to provide a court reporter. Signed by Chief Judge Emily C. Marks on 1/26/2024. (Furnished: Calendar, CS, LW)(AM)
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Filing 45
TEXT ORDER granting #44 Motion for Extension of Time to Answer. Signed by Chief Judge Emily C. Marks on 01/24/2024. (NO PDF attached to this entry) (GGN)
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| Filing 44 MOTION for Extension of Time to File Answer Defendant ScribeAmerica, LLC's Second Unopposed Motion for Extension to File Responsive Pleading by ScribeAmerica, LLC. (Attachments: #1 Exhibit A) (McDowell, David) |
| Filing 43 Joint MOTION for Consent Briefing Schedule on All Defendants' Motions to Dismiss by Pfizer, Inc., Secretary of Health and Human Services, Kevin C. Searcy, ScribeAmerica, LLC, Montgomery Baptist Hospital, Moderna US, Inc, Moderna Services, Inc., Johnson & Johnson, Janssen, Department of Defense, BioNTech, Baptist Medical Center South, Baptist Center East, Baptist Health . (Parker, George) Modified on 1/23/2024 to add joint filers & clarify text (AM). |
| Filing 42 Amended Corporate Disclosure Statement re #16 Order by ScribeAmerica, LLC. (McDowell, David) Modified on 1/22/2024 to clarify text (AM). |
| Filing 41 NOTICE of Appearance by Maia Fleischman on behalf of ScribeAmerica, LLC (Fleischman, Maia) |
| Filing 40 NOTICE of Appearance by David Whittington McDowell on behalf of ScribeAmerica, LLC (McDowell, David) |
| Filing 39 NOTICE of Appearance by Sharon Douglass Mayo on behalf of Pfizer, Inc. (Mayo, Sharon) |
| Filing 38 NOTICE of Appearance by Lori G Cohen on behalf of Moderna Services, Inc., Moderna US, Inc. (Cohen, Lori) |
| Filing 37 NOTICE of Appearance by Marcella Coladangelo Ducca on behalf of Moderna Services, Inc., Moderna US, Inc. (Ducca, Marcella) |
| Filing 36 NOTICE of Appearance by Jeffrey Hutton Horowitz on behalf of Pfizer, Inc. (Horowitz, Jeffrey) |
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Filing 35
ORDER: it is ORDERED that the #33 motion is GRANTED to the extent that the Government shall file its responsive pleading on or before 3/11/2024. Signed by Chief Judge Emily C. Marks on 1/10/2024. (AM)
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Filing 34
ORDER: it is ORDERED that the #14 & #15 motions to admit pro hac vice are GRANTED, and Attorney Lori G. Cohen and Attorney Marcella C. Ducca are ADMITTED to appear before this Court pro hac vice to represent the Moderna Defendants in this action, as further set out in Order. Signed by Chief Judge Emily C. Marks on 1/10/2024. (AM)
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| Filing 33 Unopposed MOTION to Extend, or in the Alternative MOTION to Set the Responsive Pleading Deadline by Department of Defense, Secretary of Health and Human Services. (Wadsworth, Stephen) Modified on 1/10/2024 (AM). Added MOTION for Order on 1/10/2024, corrected Motion event, & clarify text (AM). |
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Filing 32
ORDER: it is ORDERED that the motions to admit pro hac vice (docs. #18 , #19 ) are GRANTED, and Attorney Sharon D. Mayo and Attorney Jeffrey H. Horowitz are ADMITTED to appear before this Court pro hac vice to represent Pfizer in this action. The aforementioned attorneys shall each file a notice of appearance with the Court as soon as practicable. Signed by Chief Judge Emily C. Marks on 01/09/2024. (GGN)
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Filing 31
ORDER: it is ORDERED that the Plaintiff shall file a response to the motions to dismiss (docs. #20 , #23 , #26 , and #28 ) on or before February 5, 2024. It is further ORDERED that the Moving Defendants shall file a reply to the Plaintiff's response on or before February 20, 2024. Signed by Chief Judge Emily C. Marks on 1/8/2024. (CWL)
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| Filing 30 Corporate/Conflict Disclosure Statement by Kevin C. Searcy. (Sabel, Mark) |
| ***Pursuant to the #18 & #19 Motions - Attorney Sharon Douglass Mayo & Jeffrey Hutton Horowitz for Pfizer, Inc. added. (NO PDF attached to this entry) (AM) |
| Filing 29 BRIEF/MEMORANDUM in Support re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Baptist Health, Baptist Medical Center East, Baptist Medical Center South. (Mozingo, James) |
| Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Baptist Health, Baptist Medical Center East, Baptist Medical Center South. (Mozingo, James) |
| Filing 27 BRIEF/MEMORANDUM in Support re #26 MOTION to Dismiss filed by Janssen, Johnson & Johnson. (Babington, Joseph) |
| Filing 26 MOTION to Dismiss by Janssen, Johnson & Johnson. (Babington, Joseph) |
| Filing 25 Corporate/Conflict Disclosure Statement by BioNTech. (Helmsing, Frederick) |
| Filing 24 MEMORANDUM in Support with JURY DEMAND re #23 MOTION to Dismiss filed by Moderna Services, Inc., Moderna US, Inc.. (Hargrove, Alan) Modified on 1/10/2024 to add Jury Demand (AM). |
| Filing 23 MOTION to Dismiss by Moderna Services, Inc., Moderna US, Inc.. (Hargrove, Alan) |
| Filing 22 Corporate/Conflict Disclosure Statement by Montgomery Baptist Hospital. (Bain, Charles) |
| Filing 21 MEMORANDUM of Law in Support re #20 MOTION to Dismiss filed by Pfizer, Inc. & BioNTech. (Attachments: #1 Exhibit A - Omnibus Opinion and Order) (Parker, George) Modified on 1/8/2024 to clarify text & add joint filer(AM). |
| Filing 20 MOTION to Dismiss by Pfizer, Inc. & BioNTech. (Parker, George) Modified on 1/8/2024 to add joint filer (AM). |
| Filing 19 Motion for Admission Pro Hac Vice for Jeffrey H. Horowitz (Filing fee $75 receipt number AALMDC-3561758.) by Pfizer, Inc.. (Attachments: #1 Exhibit A - CGS for Jeffrey Horowitz) (Parker, George) Modified on 1/8/2024 (AM). |
| Filing 18 Motion for Admission Pro Hac Vice for Sharon D. Mayo (Filing fee $75 receipt number AALMDC-3561754.) by Pfizer, Inc.. (Attachments: #1 Exhibit A - CGS of Sharon Mayo) (Parker, George) Modified on 1/8/2024 (AM). |
| Filing 17 Corporate/Conflict Disclosure Statement by Secretary of Health and Human Services. (Wadsworth, Stephen) |
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Filing 16
ORDER: ORDERED that ScribeAmerica shall file a conflict disclosure statement which complies with the FRCP and the Orders of this Court on or before 1/19/2024, as further set out in Order. Signed by Chief Judge Emily C. Marks on 1/5/2024. (AM)
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| Filing 15 Motion/Application for Admission Pro Hac Vice for Marcella C. Ducca (Filing fee $75 receipt number AALMDC-3561292.) by Moderna Services, Inc., Moderna US, Inc.. (Hargrove, Alan) Modified on 1/5/2024 to add attorney name & clarify text (AM). (Additional attachment(s) added on 1/10/2024: #1 Certificate of Good Standing) (AM). |
| Filing 14 Motion/Application for Admission Pro Hac Vice for Lori G. Cohen (Filing fee $75 receipt number AALMDC-3561290.) by Moderna Services, Inc., Moderna US, Inc.. (Hargrove, Alan) Modified on 1/5/2024 to add attorney's name & clarify text(AM). (Additional attachment(s) added on 1/10/2024: #1 Certificate of Good Standing) (AM). |
| Filing 13 Corporate/Conflict Disclosure Statement by Baptist Health. (Bain, Charles) |
| Filing 12 Corporate/Conflict Disclosure Statement by ScribeAmerica, LLC. (Moss, William) |
| ***Pursuant to the #9 Disclosure - Attorney Philip A Sellers, II for Moderna Services, Inc.,Philip A Sellers, II for Moderna US, Inc. added. (NO PDF attached to this entry) (AM) |
| Filing 11 Corporate/Conflict Disclosure Statement by Department of Defense. (Wadsworth, Stephen) |
| Filing 10 Corporate/Conflict Disclosure Statement by Janssen, Johnson & Johnson. (Babington, Joseph) |
| Filing 9 Corporate/Conflict Disclosure Statement by Moderna Services, Inc., Moderna US, Inc.. (Hargrove, Alan) |
| Filing 8 Corporate/Conflict Disclosure Statement by Baptist Medical Center South. (Bain, Charles) |
| Filing 7 Corporate/Conflict Disclosure Statement by Baptist Medical Center East. (Bain, Charles) |
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Filing 6
TEXT ORDER granting #4 Motion for Extension of Time to Answer from ScribeAmerica, LLC. Signed by Chief Judge Emily C. Marks on 01/03/2024. (GGN)
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| Filing 5 Case reassigned to Chief Judge Emily C. Marks; Honorable Judge Myron H. Thompson no longer assigned to the case. (AM) |
| Filing 4 Unopposed MOTION for Extension of Time by ScribeAmerica, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Moss, William) Modified on 1/3/2024 to clarify as Unopposed (AM). |
| Filing 3 Case assigned to Honorable Judge Myron H. Thompson as presiding judge and Magistrate Judge Stephen Michael Doyle as referral judge. (DMN) |
| Filing 2 Corporate/Conflict Disclosure Statement by Pfizer Inc.. (Parker, George) |
| Filing 1 NOTICE OF REMOVAL from the Circuit Court of Montgomery County, AL, case number 03-cv-2023-901673.00 ( Filing fee $ 405 receipt number AALMDC-3558769) , filed by Pfizer Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Record, #3 Exhibit B - Moderna Consent, #4 Exhibit C - Johnson & Johnson and Janssen Consent, #5 Exhibit D - Baptist Consent, #6 Exhibit E - BioNTech Consent, #7 Exhibit F - Department of Defense Consent, #8 Exhibit G - ScribeAmerica Consent, #9 Exhibit H - Notice of Filing Notice of Removal, #10 Exhibit I - Caratini-Soto D. Puerto Rico Opinion) (Parker, George) Modified on 12/29/2023 to include state court case number (BES). |
| (JOINDER) Consent to #1 Notice of Removal by Moderna Services, Inc., Moderna US, Inc.. (No PDF attached to this entry - see doc #1 -3 at page 2 for PDF) (BES) |
| COMPLAINT with JURY DEMAND against Baptist Health, Baptist Medical Center East, Baptist Medical Center South, BioNTech, Department of Defense, Janssen, Johnson & Johnson, Moderna Services, Inc., Moderna US, Inc., Montgomery Baptist Hospital, Pfizer, Inc., ScribeAmerica, LLC, Secretary of Health and Human Services, filed by Kevin C. Searcy. (No PDF attached to this entry - see doc #1 -2 at page 2 for PDF)(BES) |
| (JOINDER) Consent to #1 Notice of Removal by Janssen, Johnson & Johnson. (No PDF attached to this entry - see doc #1 -4 at page 2 for PDF) (BES) |
| (JOINDER) Consent to #1 Notice of Removal by BioNTech. (No PDF attached to this entry - see doc #1 -6 at page 2 for PDF) (BES) |
| NOTICE of Filing the #1 Notice of Removal with the Circuit Court of Montgomery County, AL by Pfizer, Inc.. (No PDF attached to this entry - see doc #1 -9 at page 2 for PDF) (BES) |
| (JOINDER) Consent to #1 Notice of Removal by ScribeAmerica, LLC. (No PDF attached to this entry - see doc #1 -8 at page 2 for PDF) (BES) |
| Consent to #1 Notice of Removal and NOTICE of Joinder by Department of Defense. (No PDF attached to this entry - see doc #1 -7 at page 2 for PDF) (BES) |
| (JOINDER) Consent to #1 Notice of Removal by Baptist Health, Baptist Medical Center East, Baptist Medical Center South. (No PDF attached to this entry - see doc #1 -5 at page 2 for PDF) (BES) |
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