Garner et al v. Medicis Pharmaceutical Corporation et al
Plaintiff: Hannah Hayes, Alec Garner, Erica Lupori and Trey Wilkes
Defendant: Bausch Health Companies Incorporated, Medicis Pharmaceutical Corporation, Valeant Pharmaceuticals Incorporated, Bausch Health US LLC and Valeant Pharmaceuticals North America LLC
Case Number: 2:2021cv00145
Filed: January 27, 2021
Court: US District Court for the District of Arizona
Presiding Judge: Michelle H Burns
Referring Judge: G Murray Snow
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 28, 2022 Filing 65 First MOTION for Extension of Time to File Response/Reply as to #55 MOTION for Summary Judgment Not Requiring Expert Testimony by Alec Garner, Hannah Hayes, Erica Lupori, Trey Wilkes. (Attachments: #1 Proposed Order Proposed Order)(Levin, Mick)
October 28, 2022 Filing 64 STIPULATION for Extension of Fact Discovery (Third Request) by Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Attachments: #1 Proposed Order)(Ducca, Marcella)
October 28, 2022 Filing 63 NOTICE of Service of Discovery filed by Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Ducca, Marcella)
October 25, 2022 Opinion or Order Filing 62 ORDER denying the parties' Stipulation for Extension of Fact Discovery (Second Request) #61 . Signed by Chief Judge G Murray Snow on 10/24/2022. (KFZ)
October 24, 2022 Filing 61 STIPULATION for Extension of Fact Discovery (Second Request) by Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Attachments: #1 Proposed Order)(Ducca, Marcella)
October 17, 2022 Filing 60 Sealed Exhibits 9, 11, 12, 13 to #56 Statement of Material Facts in Support of Their Motion for Summary Judgment Not Requiring Expert Testimony by Bausch Health US LLC, Medicis Pharmaceutical Corporation. (MAP)
October 17, 2022 Opinion or Order Filing 59 ORDER granting #57 Motion to Seal Exhibits 9, 11, 12 and 13, to Defendants' Statement of Material Facts in Support of Their Motion for Summary Judgment Not Requiring Expert Testimony Signed by Chief Judge G Murray Snow on 10/14/22. (MAP)
October 14, 2022 Filing 58 *FILED at Doc. #60 *SEALED LODGED Proposed Exhibits 9, 11, 12, 13 to Defendants Statement of Material Facts In Support of Their Motion for Summary Judgment re: #57 MOTION to Seal Document #56 Statement of Facts, (Stipulation to File Documents Under Seal). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Ducca, Marcella) *Modified on 10/17/2022 (MAP).
October 14, 2022 Filing 57 MOTION to Seal Document #56 Statement of Facts, (Stipulation to File Documents Under Seal) by Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Attachments: #1 Proposed Order)(Ducca, Marcella)
October 14, 2022 Filing 56 STATEMENT OF FACTS (Defendants' Statement of Material Facts In Support of Their Motion for Summary Judgment Not Requiring Expert Testimony) by Defendants Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 10, #10 Exhibit 14, #11 Exhibit 15)(Ducca, Marcella)
October 14, 2022 Filing 55 MOTION for Summary Judgment Not Requiring Expert Testimony by Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Ducca, Marcella)
September 15, 2022 Opinion or Order Filing 54 ORDER granting the parties' Stipulation #53 . IT IS FURTHER ORDERED amending the Court's April 15, 2022 Case Management Order #39 as follows: Deadline for Completion of Fact Discovery is October 28, 2022. IT IS FURTHER ORDERED affirming all orders contained within the Court's April 15, 2022 Case Management Order #39 except as modified herein. There will be no further extension. Signed by Chief Judge G Murray Snow on 9/15/2022. (REK)
September 15, 2022 Filing 53 STIPULATION re Extension of Fact Discovery by Bausch Health Companies Incorporated, Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Attachments: #1 Exhibit Proposed Order)(Browning, James)
September 8, 2022 Opinion or Order Filing 52 STIPULATED PROTECTIVE ORDER. IT IS ORDERED granting the parties' Stipulation for Protective Order #51 as set forth in the attached Order. Signed by Chief Judge G Murray Snow on 9/7/2022. (KFZ)
September 6, 2022 Filing 51 STIPULATION for Entry of Protective Order by Bausch Health Companies Incorporated, Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Attachments: #1 Proposed Order Exhibit A - Proposed Order)(Browning, James)
July 29, 2022 Filing 50 NOTICE of Service of Discovery filed by Alec Garner, Hannah Hayes, Erica Lupori, Trey Wilkes. (Levin, Mick)
July 15, 2022 Filing 49 NOTICE of Service of Discovery filed by Alec Garner, Hannah Hayes, Erica Lupori, Trey Wilkes. (Levin, Mick)
July 15, 2022 Filing 48 NOTICE of Service of Discovery filed by Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Browning, James)
July 1, 2022 Filing 47 NOTICE of Service of Discovery filed by Alec Garner, Hannah Hayes, Erica Lupori, Trey Wilkes. (Levin, Mick)
June 15, 2022 Filing 46 NOTICE of Service of Discovery filed by Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Browning, James)
June 14, 2022 Filing 45 NOTICE of Service of Discovery filed by Alec Garner, Hannah Hayes, Erica Lupori, Trey Wilkes. (Levin, Mick)
June 9, 2022 Remark: Pro hac vice motion(s) granted for James Richard Browning, Jr on behalf of Defendants Bausch Health US LLC, Medicis Pharmaceutical Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
June 8, 2022 Filing 44 NOTICE of Service of Discovery filed by Alec Garner, Hannah Hayes, Erica Lupori, Trey Wilkes. (Levin, Mick)
May 31, 2022 Filing 43 NOTICE of Service of Discovery filed by Alec Garner, Hannah Hayes, Erica Lupori, Trey Wilkes. (Levin, Mick)
May 25, 2022 Filing 42 NOTICE of Service of Discovery filed by Alec Garner, Hannah Hayes, Erica Lupori, Trey Wilkes. (Levin, Mick)
April 22, 2022 Filing 41 NOTICE of Service of Discovery filed by Medicis Pharmaceutical Corporation. (Ducca, Marcella)
April 15, 2022 Opinion or Order Filing 40 ORDER directing the Clerk of Court to update the caption on the docket to reflect the above-referenced caption. Signed by Chief Judge G. Murray Snow on 4/15/22. (NKS)
April 15, 2022 Opinion or Order Filing 39 CASE MANAGEMENT ORDER: Discovery due by 9/9/2022. Dispositive motions for which expert testimony is not necessary due by 10/14/2022. Dispositive motions (other than on statute of limitations) due by 8/4/2023. See attached Order for details. Signed by Chief Judge G Murray Snow on 4/15/2022. (KFZ)
April 15, 2022 Filing 38 MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Scheduling Conference held on 4/15/2022. Deadlines discussed and entered. Order to follow. TELEPHONIC APPEARANCES: Mick Levin for Plaintiffs. Marcella Ducca and Aaron Lockwood for Defendants. (Court Reporter Teri Veres.) Hearing held 10:03 AM to 10:12 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ)
April 14, 2022 Filing 37 NOTICE of Appearance by Aaron James Lockwood on behalf of Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Lockwood, Aaron)
April 13, 2022 Filing 36 NOTICE of Service of Discovery filed by Alec Garner, Hannah Hayes, Erica Lupori, Trey Wilkes. (Levin, Mick)
April 8, 2022 Filing 35 *NOTICE of Service of Dicovery by Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Ducca, Marcella) *Modified to correct event on 4/11/2022 (DXD).
April 8, 2022 Filing 34 REPORT of Rule 26(f) Planning Meeting by Alec Garner, Hannah Hayes, Erica Lupori, Trey Wilkes. (Levin, Mick)
March 4, 2022 Opinion or Order Filing 33 ORDER setting a Telephonic Scheduling Conference for 4/15/2022 at 10:00 AM before Chief Judge G Murray Snow. Plaintiffs' counsel shall set up a call-in number and include the information in the joint report due a week before the scheduling conference. See attached Order for details. Signed by Chief Judge G Murray Snow on 3/4/2022. (KFZ)
March 4, 2022 Opinion or Order Filing 32 ORDER that Plaintiff Erica Lupori's Request for Entry of Default #21 is DENIED. FURTHER ORDERED that Defendants' Motion to Strike Plaintiff Erica Lupori's Request for Entry of Default #23 is DENIED as moot. FURTHER ORDERED that Defendants' Motion for Leave to File the Amended Answer #25 is GRANTED. FURTHER ORDERED that Plaintiffs' Motion to Strike Defendants' Amended Answer [Doc #22], Defendants' Motion for Leave to File the Amended Answer [Doc #25], and Order Granting Defendants' Motion for Leave to File Amended Answer [Doc #26] #27 is DENIED. FURTHER ORDERED that Plaintiffs' Motion to Strike, In Part, Doc #23 #29 is DENIED as moot. FURTHER ORDERED that Plaintiff's Motion for Scheduling Conference #30 is GRANTED. The Court will issue a separate order setting the Rule 16 Case Management Conference. See attached Order for details. Signed by Chief Judge G Murray Snow on 3/4/2022. (KFZ)
February 28, 2022 Filing 31 *Inquiry re Status of Motion or Other Matter Under Advisement re: #21 MOTION for Entry of Default as to Medicis Pharmaceutical Corporation and Bausch Health US, LLC, #23 MOTION to Strike #21 Motionf or Entry of Default as to Medicis Pharmaceutical Corporation and Bausch Health, US LLC, #25 MOTION to Amend/Correct #22 Answer to Complaint Defendants Amended Answer (Doc. #22 ), Defendants Motion for Leave to File the Amended Answer (Doc. #25 ), and Order Granting Defendants Motion for Leave to File Amended Answer (Doc. #26 ) by Defendants Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Goodwin, Nicole) *Modified to correct event and text on 3/1/2022 (REK).
September 10, 2021 Filing 30 MOTION for Hearing or Conference re: Scheduling Conference by Alec Garner, Hannah Hayes, Erica Lupori, Trey Wilkes. (Attachments: #1 Proposed Order for Scheduling Conference)(Levin, Mick)
August 30, 2021 Filing 29 *RESPONSE to #23 RESPONSE in Opposition and Motion to Strike, MOTION to Strike in Part #23 filed by Erica Lupori. (Levin, Mick) *Modified to add Motion part on 8/31/2021 (WLP).
August 26, 2021 Filing 28 RESPONSE in Opposition re: #27 MOTION to Strike Strike Defendants Amended Answer [Doc #22], Defendants Motion For Leave To File The Amended Answer [Doc #25], and Order Granting Defendants Motion For Leave To File Amended Answer [Doc #26] filed by Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Goodwin, Nicole)
August 19, 2021 Filing 27 MOTION to Strike Strike Defendants Amended Answer [Doc #22], Defendants Motion For Leave To File The Amended Answer [Doc #25], and Order Granting Defendants Motion For Leave To File Amended Answer [Doc #26] by Alec Garner, Hannah Hayes, Erica Lupori, Trey Wilkes. (Attachments: #1 Proposed Order)(Levin, Mick)
August 17, 2021 Filing 26 Additional Attachments to Main Document re: #25 MOTION to Amend/Correct #22 Answer to Complaint (Defendants' Motion for Leave to File The Amended Answer) Proposed Order Granting Defendants' Motion for Leave to File Amended Answer by Defendants Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Goodwin, Nicole)
August 17, 2021 Filing 25 MOTION to Amend/Correct #22 Answer to Complaint (Defendants' Motion for Leave to File The Amended Answer) by Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1)(Goodwin, Nicole)
August 17, 2021 Filing 24 NOTICE re: Supplemental Authority In Further Support of Opposition [Doc. #23] by Bausch Health US LLC, Medicis Pharmaceutical Corporation re: #23 MOTION to Strike #21 Motion for Entry of Default as to Medicis Pharmaceutical Corporation and Bausch Health US, LLC . (Attachments: #1 Exhibit A)(Goodwin, Nicole)
August 15, 2021 Filing 23 *RESPONSE in Opposition and MOTION to Strike #21 Motion for Entry of Default as to Medicis Pharmaceutical Corporation and Bausch Health US, LLCRequest by Defendants Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Goodwin, Nicole) *Modified to add motion type and to reflect correct filers on 8/16/2021 (MFR).
August 13, 2021 Filing 22 *AMENDED ANSWER to #14 Amended Complaint by Bausch Health US LLC, Medicis Pharmaceutical Corporation.(Goodwin, Nicole) *Modified to reflect the correct event and to correct reference to related document on 8/16/2021 (MFR).
August 13, 2021 Filing 21 *MOTION for Entry of Default as to Medicis Pharmaceutical Corporation and Bausch Health US, LLC by Plaintiff Erica Lupori. (Attachments: #1 Exhibit Declaration of Mick Levin)(Levin, Mick) *Modified to correct event type on 8/16/2021 (MFR).
August 9, 2021 Filing 20 NOTICE of Attorney Withdrawal Aaron T. Lloyd filed by Nicole Maroulakos Goodwin. (Goodwin, Nicole)
July 27, 2021 Opinion or Order Filing 19 ORDER that Defendants' Motion to Dismiss Plaintiff Erica Lupori's First Amended Complaint Motion to Dismiss for Failure to State a Claim #15 is DENIED. See attached Order for details. Signed by Chief Judge G Murray Snow on 7/27/2021. (KFZ)
March 22, 2021 Filing 18 REPLY to Response to Motion re: #15 MOTION to Dismiss for Failure to State a Claim (Defendants' Motion to Dismiss Plaintiff Erica Lupori's First Amended Complaint (Doc. #14 ) filed by Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Lloyd, Aaron)
March 15, 2021 Filing 17 RESPONSE to Motion re: #15 MOTION to Dismiss for Failure to State a Claim (Defendants' Motion to Dismiss Plaintiff Erica Lupori's First Amended Complaint [Doc. #14]) filed by Erica Lupori. (Levin, Mick)
March 1, 2021 Filing 16 ANSWER to #14 Amended Complaint with Jury Demand by Bausch Health US LLC, Medicis Pharmaceutical Corporation.(Lloyd, Aaron)
March 1, 2021 Filing 15 MOTION to Dismiss for Failure to State a Claim (Defendants' Motion to Dismiss Plaintiff Erica Lupori's First Amended Complaint (Doc. #14 ) by Bausch Health US LLC, Medicis Pharmaceutical Corporation. (Lloyd, Aaron)
February 3, 2021 Filing 14 AMENDED COMPLAINT against All Plaintiffs filed by Hannah Hayes, Alec Garner, Trey Wilkes, Erica Lupori.(Levin, Mick)
February 3, 2021 Filing 13 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Alec Garner, Hannah Hayes, Erica Lupori, Trey Wilkes . (Attachments: #1 Exhibit Amended Complaint)(Levin, Mick)
February 3, 2021 Remark: Pro hac vice motion(s) granted for Marcella C Ducca on behalf of Defendants Bausch Health Companies Incorporated, Medicis Pharmaceutical Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
February 3, 2021 Remark: Pro hac vice motion(s) granted for Lori G Cohen on behalf of Defendants Bausch Health Companies Incorporated, Medicis Pharmaceutical Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
February 2, 2021 Opinion or Order Filing 12 ORDER granting the parties' Stipulated Motion #11 . Plaintiff shall file their First Amended Complaint no later than February 3, 2021 which shall include the dismissal of current Defendant Bausch Health Companies Inc. and substitution of Bausch Health US, LLC in its place. Defendants' counsel of record shall accept service of process of the First Amended Complaint on behalf of the named Defendants Medicis Pharmaceutical Corporation and Bausch Health US, LLC. Defendants Medicis Pharmaceutical Corporation and Bausch Health US, LLC shall file their answer, move, or otherwise respond to Plaintiff's First Amended Complaint no later than March 1, 2021. Signed by Chief Judge G Murray Snow on 2/02/2021. (REK)
February 1, 2021 Filing 11 MOTION for Extension of Time to File Answer (Stipulated Motion Regarding Service of Process and Defendants' Responsive Pleading Deadline) by Bausch Health Companies Incorporated, Medicis Pharmaceutical Corporation. (Attachments: #1 Text of Proposed Order)(Lloyd, Aaron)
February 1, 2021 Filing 10 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge G Murray Snow. All further pleadings/papers should now list the following COMPLETE case number: CV-21-145-PHX-GMS. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
January 29, 2021 Filing 9 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
January 29, 2021 Filing 8 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
January 27, 2021 Filing 5 Filing fee paid, receipt number 0970-19101080. This case has been assigned to the Honorable Michelle H Burns. All future pleadings or documents should bear the correct case number: CV-21-145-PHX-MHB. Magistrate Election form attached. PLEASE NOTE: Plaintiff(s) and defendants that have already appeared in this case are required to file the attached Magistrate Election form within FOURTEEN (14) days of this filing. Please read attached instructions. (ARC)
January 27, 2021 Filing 4 DEFENDANT'S DEMAND for Jury Trial by Bausch Health Companies Incorporated, Medicis Pharmaceutical Corporation. (Lloyd, Aaron) (ARC)
January 27, 2021 Filing 3 Corporate Disclosure Statement by Bausch Health Companies Incorporated. (Lloyd, Aaron) (ARC)
January 27, 2021 Filing 2 Corporate Disclosure Statement by Medicis Pharmaceutical Corporation. (Lloyd, Aaron) (ARC)
January 27, 2021 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2020-017260. Filing fee received: $ 402.00, receipt number 0970-19101080 filed by Bausch Health Companies Incorporated, Medicis Pharmaceutical Corporation. (Lloyd, Aaron) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit)(ARC)

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Search for this case: Garner et al v. Medicis Pharmaceutical Corporation et al
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Defendant: Bausch Health Companies Incorporated
Represented By: Lori G Cohen
Represented By: Nicole Maroulakos Goodwin
Represented By: Aaron Thomas Lloyd
Represented By: Marcella C Ducca
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Defendant: Medicis Pharmaceutical Corporation
Represented By: Lori G Cohen
Represented By: Nicole Maroulakos Goodwin
Represented By: Aaron Thomas Lloyd
Represented By: Marcella C Ducca
Represented By: James Richard Browning, Jr.
Represented By: Aaron James Lockwood
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Defendant: Valeant Pharmaceuticals Incorporated
Represented By: Lori G Cohen
Represented By: Nicole Maroulakos Goodwin
Represented By: Aaron Thomas Lloyd
Represented By: Marcella C Ducca
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Defendant: Bausch Health US LLC
Represented By: Lori G Cohen
Represented By: Nicole Maroulakos Goodwin
Represented By: Aaron Thomas Lloyd
Represented By: Marcella C Ducca
Represented By: James Richard Browning, Jr.
Represented By: Aaron James Lockwood
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Defendant: Valeant Pharmaceuticals North America LLC
Represented By: Aaron Thomas Lloyd
Represented By: James Richard Browning, Jr.
Represented By: Lori G Cohen
Represented By: Marcella C Ducca
Represented By: Nicole Maroulakos Goodwin
Represented By: Aaron James Lockwood
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Plaintiff: Hannah Hayes
Represented By: Mick Levin
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Plaintiff: Alec Garner
Represented By: Mick Levin
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Plaintiff: Erica Lupori
Represented By: Mick Levin
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Plaintiff: Trey Wilkes
Represented By: Mick Levin
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