Johns et al v. Bayer Corporation et al Featured Case
Plaintiff: David Johns and Marc Bordman
Defendant: Bayer Corporation and Bayer Healthcare, LLC
Case Number: 3:2009cv01935
Filed: September 3, 2009
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Jan M. Adler
Presiding Judge: Dana M. Sabraw
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 1, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 3, 2013 Filing 242 TRANSCRIPT DESIGNATION AND ORDERING FORM by Marc Bordman, David Johns for proceedings held on 3/07/2013 re 238 Notice of Appeal to 9th Circuit. (O'Reardon, Thomas). (akr).
May 16, 2013 Filing 241 NOTICE of Supplemental Authority in Opposition to Bayer's Application for Award of Costs by Marc Bordman, David Johns re 236 Objection to Bill of Costs, 234 Bill of Costs (Attachments: # 1 Exhibit 1 to Plaintiffs' Notice of Supplemental Authority)(Blood, Timothy) (cge).
May 10, 2013 Filing 240 USCA Time Schedule Order as to 238 Notice of Appeal to 9th Circuit, filed by Marc Bordman, David Johns. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 6/10/2013 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 7/9/2013.) (cc: Court Reporter). (Attachments: # 1 Transcript Designation and Ordering Form). (akr)
May 10, 2013 Filing 239 USCA Case Number 13-55814 for 238 Notice of Appeal to 9th Circuit, filed by Marc Bordman, David Johns. (akr)
May 10, 2013 Filing 238 NOTICE OF APPEAL to the 9th Circuit as to 231 Order, 232 Clerk's Judgment, by Marc Bordman, David Johns. (Filing fee $ 455 receipt number 0974-5896599.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: # 1 Exhibit A to Notice of Appeal - Representation Statement)(Blood, Timothy). Modified on 5/10/2013 to edit docket text re Order being appealed. (akr).
May 8, 2013 Filing 237 SUPPLEMENTAL BRIEFING by Defendants Bayer Corporation, Bayer Healthcare, LLC re 234 Bill of Costs,, in Rebuttal to Plaintiffs' Objections to Defendants' Application for Award of Allowable Costs. (Attachments: # 1 Declaration of Shirli Fabbri Weiss, # 2 Proof of Service)(Weiss, Shirli) (yeb).
May 3, 2013 Filing 236 Objection to Bill of Costs re 234 Bill of Costs,, filed by Marc Bordman, David Johns. (Attachments: # 1 Declaration of Thomas J. O'Reardon II in Support of Plaintiffs' Opposition to Bayer's Application for Award of Costs, # 2 Exhibit 1-3 to O'Reardon Declaration in Support of Plaintiffs' Opposition to Bayer's Cost Bill)(Blood, Timothy) (cge).
April 25, 2013 Filing 235 NOTICE of Hearing - Bill of Costs, re 234 Bill of Costs,, filed by Bayer Healthcare, LLC, Bayer Corporation : Hearing set for 5/9/2013 at 11:00AM. Any opposition or responsive pleading due 5/3/2013. All parties requesting to appear telephonically for this Bill of Costs hearing are directed to join on a conference call, then contact L. Barkins 619-557-6416 at the time of the hearing. (no document attached) (nsp)
April 24, 2013 Filing 234 BILL OF COSTS submitted by Defendants Bayer Corporation, Bayer Healthcare, LLC in the amount of $ 542,454.88. Hearing set for 5/9/2013 at 11:00AM. (Attachments: # 1 Memorandum of Costs, # 2 Declaration of Shirli Fabbri Weiss, # 3 Exhibit A-C to the Declaration of Shirli Fabbri Weiss, # 4 Exhibit D-F to the Declaration of Shirli Fabbri Weiss, # 5 Exhibit G-J to the Declaration of Shirli Fabbri Weiss, # 6 Exhibit K-L to the Declaration of Shirli Fabbri Weiss, # 7 Proof of Service)(Weiss, Shirli) (cge).
April 24, 2013 Filing 233 NOTICE of Hearing on Bill of Costs by Bayer Corporation, Bayer Healthcare, LLC (Attachments: # 1 Proof of Service)(Weiss, Shirli) (cge).
April 10, 2013 Filing 232 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED the Court makes the following findings regarding the parties' respective motions: 1. Denies Plaintiffs' motion to exclude Dr. Blumberg's expert testimony, 2. Denies Bayer's motion to exclude Dr. Milman's expert testimony, 3. Grants Bayer's motion to exclude Dr. Maronick's expert testimony, 4. Grants Bayer's motion for summary judgment,; and 5. Denies as moot Bayer's motion to exclude Mr. Elmore's expert testimony, Bayer's motion to strike Mr. Elmore's supplemental report, Plaintiffs' motion to exclude Dr. Dhar's expert testimony, and Plaintiffs motion to exclude Dr. Hughes' expert testimony.(All non-registered users served via U.S. Mail Service)(cge) (av1).
April 10, 2013 Opinion or Order Filing 231 ORDER: (1) denying Plaintiffs' 141 Motion to Exclude Dr. Blumberg's Expert Testimony; (2) denying Defendants' 142 Motion to Exclude Dr. Milman's Expert Testimony; (3) granting Defendants' 155 Motion to Exclude Dr. Maronick's Expert Testimony; (4) granting Defendants' 172 Motion for Summary Judgment; and (5) denying as moot Defendant's 157 Motion to Exclude Mr. Elmore's Expert Testimony, Defendants' 161 Motion to Strike Mr. Elmore's Supplemental Report, Plaintiffs' 162 Motion to Exclude Dr. Dhar's Expert Testimony, and Plaintiffs' 156 Motion to Exclude Dr. Hughes' Expert Testimony. Signed by Judge Anthony J. Battaglia on 4/10/13. (All non-registered users served via U.S. Mail Service)(cge)
April 8, 2013 Filing 230 SUPPLEMENTAL DOCUMENTS by Bayer Corporation, Bayer Healthcare, LLC re 222 Response in Support of Motion.(All non-registered users served via U.S. Mail Service)(cge)
April 8, 2013 Filing 229 NOTICE of Supplemental Authority in Opposition to Bayer's Motion for Summary Judgment by Marc Bordman, David Johns re 172 MOTION for Summary Judgment , 212 Response in Opposition to Motion,, (Attachments: # 1 Exhibit In re Neurontin Mktg & Sales Practices Litig. (1st Cir. 2013))(Blood, Timothy) (cge).
April 2, 2013 Filing 228 NOTICE of Supplemental Authority in Support of Defendants Bayer Corporation's and Bayer Healthcare, LLC's Motion for Summary Judgment by Bayer Corporation, Bayer Healthcare, LLC re 172 MOTION for Summary Judgment (Attachments: # 1 Exhibit A, Ries v. Arizona Bev (ND Cal))(Weiss, Shirli) (cge).
March 15, 2013 Filing 227 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 3/7/2013, before Judge Anthony J. Battaglia. Court Reporter/Transcriber: Jeannette N. Hill. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/5/2013. Redacted Transcript Deadline set for 4/15/2013. Release of Transcript Restriction set for 6/13/2013. (All non-registered users served via U.S. Mail Service. Notice of electronic filing only.) (akr)
March 7, 2013 Filing 226 Minute Order for proceedings held before Judge Anthony J. Battaglia: Motion Hearing held on 3/7/2013. Court takes matter under submission, submitting 157 Motion to Exclude; submitting 172 Motion for Summary Judgment; Order will follow regarding all pending motions. (Court Reporter Jeannette Hill). (Plaintiff Attorney Timothy Gordon Blood, Thomas Joseph O'Reardon II).(Defendant Attorney Julie LeMaye Hussey, Shirli Fabbri Weiss). (no document attached) (ymm)
March 6, 2013 Opinion or Order Filing 225 ORDER Granting Unopposed Ex Parte 224 Motion to Allow Media Equipment into Courtroom for Hearing on Motion for Summary Judgment. Signed by Judge Anthony J. Battaglia on 3/6/13. (All non-registered users served via U.S. Mail Service)(cc: USM)(cge)(jrd)
March 6, 2013 Filing 224 Ex Parte MOTION Unopposed Ex Parte Application to Permit Use of PowerPoint Equipment and PowerPoint Presentation at Hearing on Motion of Bayer Corporation and Bayer Healthcare, LLC for Summary Judgment by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Declaration of Julie L. Hussey in Support of Unopposed Ex Parte Application to Permit Use of PowerPoint Equipment and PowerPoint Presentation at Hearing on Motion of Bayer Corporation and Bayer Healthcare, LLC for Summary Judgment, # 2 Proof of Service)(Hussey, Julie)(cge).
March 6, 2013 Filing 223 NOTICE of Change of Attorney Information by Marc Bordman, David Johns Notice of Change of Attorney Information (Syverson, Patricia) (cge).
February 15, 2013 Filing 222 REPLY in Support re 172 MOTION for Summary Judgment filed by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Declaration of Julie L. Hussey, # 2 Request for Judicial Notice, # 3 Proof of Service)(Weiss, Shirli) (ag).
February 13, 2013 Opinion or Order Filing 221 AMENDED SCHEDULING ORDER: Proposed Final Pretrial Order due by 5/24/2013. Final Pretrial Conference set for 5/31/2013 at 1:30PM before Judge Anthony J. Battaglia. Signed by Judge Anthony J. Battaglia on 2/13/13.(All non-registered users served via U.S. Mail Service)(cge)
February 12, 2013 Filing 220 CERTIFICATE OF SERVICE by Bayer Corporation, Bayer Healthcare, LLC (Hansen, Ryan)(cge).
February 12, 2013 Filing 219 SUPPLEMENTAL DOCUMENT to Declaration of Shirli F. Weiss In Support of motion of Bayer Corporation and Bayer Healthcare, LLC for Summary Judgment re docket entry [172-8, exhibit A] by Bayer Corporation, Bayer Healthcare, LLC (Hansen, Ryan) (Modified to include reference to previously filed exhibit on 2/13/13) (cge).
February 6, 2013 Filing 218 NOTICE of Hearing on Motion 157 MOTION to Exclude Evidence of Opinions and Testimony of Plaintiffs' Expert David R. Elmore, Jr., 161 MOTION to Strike Supplemental Report of Plaintiffs' Expert David R. Elmore, Jr., 172 MOTION for Summary Judgment : Motion Hearing is rescheduled to 3/7/2013 at 2:00 PM in Courtroom 2A before Judge Anthony J. Battaglia. (no document attached) (sc)
February 1, 2013 Opinion or Order Filing 217 ORDER Granting 216 Joint Motion for Approval of Class Notice Plan. Signed by Judge Anthony J. Battaglia on 2/1/13. (All non-registered users served via U.S. Mail Service)(cge)(jrd)
January 28, 2013 Filing 216 Joint MOTION for Approval of Class Notice Plan re 105 Order on Motion for Miscellaneous Relief by Marc Bordman, David Johns. (Attachments: # 1 Exhibit A (Short Form Notice), # 2 Exhibit B (Long Form Notice), # 3 Exhibit C (Notice Plan))(Blood, Timothy) (cge).
January 24, 2013 Opinion or Order Filing 215 ORDER Continuing Daubert Hearing. The Court vacates the current motion hearing on the Daubert motions set for January 31, 2013. Motion Hearings as to 157 MOTION to Exclude Evidence of Opinions and Testimony of Plaintiffs' Expert David R. Elmore, Jr. and 161 MOTION to Strike Supplemental Report of Plaintiffs' Expert David R. Elmore, Jr. continued to 3/28/2013 at 2:00PM before Judge Anthony J. Battaglia. The motions as to the other experts are submitted. Signed by Judge Anthony J. Battaglia on 1/24/13.(All non-registered users served via U.S. Mail Service)(cge)
January 22, 2013 Filing 214 Minute Entry for proceedings held before Magistrate Judge David H. Bartick: Settlement Conference held on 1/22/2013. The case did not settle. (Plaintiff Attorney Thomas O'Reardon, Timothy Blood). (Defendant Attorney Julie Hussey, Shirli Weiss). (no document attached) (mbr)
January 18, 2013 Opinion or Order Filing 213 ORDER Scheduling Settlement Conference for 1/22/2013 08:30 AM before Magistrate Judge David H. Bartick. Signed by Magistrate Judge David H. Bartick on 1/18/13.(All non-registered users served via U.S. Mail Service)(cge) (jrl).
January 15, 2013 Filing 212 RESPONSE in Opposition re 172 MOTION for Summary Judgment filed by Marc Bordman, David Johns. (Attachments: # 1 Declaration Timothy G. Blood ISO Oppo to Defendants' Motion for Summary Judgment, # 2 Exhibit 1-8 to Blood Decl, # 3 Exhibit 9, Part 1 to Blood Decl, # 4 Exhibit 9, Part 2 to Blood Decl, # 5 Exhibit 9, Part 3 to Blood Decl, # 6 Exhibit 9, Part 4 to Blood Decl, # 7 Exhibit 9, Part 5 to Blood Decl, # 8 Exhibit 10-18 to Blood Decl, # 9 Exhibit 19-30 to Blood Decl, # 10 Exhibit 31 to Blood Decl, # 11 Exhibit 32-49 to Blood Decl, # 12 Exhibit 50 to Blood Decl, # 13 Exhibit 51 to Blood Decl, # 14 Exhibit 52-60 to Blood Decl)(Blood, Timothy) (cge).
January 15, 2013 Filing 211 Corporate Disclosure Statement by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Proof of Service)(Hussey, Julie) (cge).
January 10, 2013 Filing 210 REPLY to Response to Motion re 142 MOTION to Exclude Evidence of Opinions of Plaintiffs' Expert Harry A. Milman filed by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Declaration of Margaret D. Craig, # 2 Declaration of Jeffrey B. Blumberg, # 3 Proof of Service)(Weiss, Shirli)(cge).
January 10, 2013 Filing 209 REPLY to Response to Motion re 155 MOTION to Exclude Evidence, Opinions, and Testimony of Plaintiffs' Expert Thomas J. Maronick filed by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Declaration of Julie L. Hussey, # 2 Proof of Service)(Hussey, Julie) (cge).
January 10, 2013 Filing 208 REPLY to Response to Motion re 141 MOTION to Exclude Motion to Exclude Expert Testimony of Jeffrey B. Blumberg Plaintiffs' Reply in Support of Motion to Exclude the Expert Testimony of Jeffrey B. Blumberg filed by Marc Bordman, David Johns. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Syverson, Patricia) (cge).
January 10, 2013 Filing 207 REPLY to Response to Motion re 156 MOTION to Exclude Plaintiffs' Motion to Exclude Expert Testimony of James W. Hughes Plaintiffs' Reply in Support of Motion to Exclude the Expert Testimony of Janes W. Hughes filed by Marc Bordman, David Johns. (Attachments: # 1 Declaration, # 2 Exhibit A)(Syverson, Patricia) (cge).
January 10, 2013 Filing 206 REPLY to Response to Motion re 162 MOTION to Exclude Plaintiffs' Motion to Exclude Expert Testimony of Ravi Dhar filed by Marc Bordman, David Johns. (Attachments: # 1 Declaration Thomas J. O'Reardon in Support of Plaintiffs' Motion to Exclude the Testimony of Ravi Dhar, # 2 Exhibit 1 (Maronick Deposition Excerpts), # 3 Exhibit 2 (FDA Summary of Qualified Health Claims))(O'Reardon, Thomas) (cge).
January 10, 2013 Filing 205 REPLY to Response to Motion re 157 MOTION to Exclude Evidence of Opinions and Testimony of Plaintiffs' Expert David R. Elmore, Jr. filed by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Declaration of Shirli F. Weiss, # 2 Request for Judicial Notice, # 3 Proof of Service)(Weiss, Shirli)(cge).
January 10, 2013 Filing 204 REPLY to Response to Motion re 161 MOTION to Strike Supplemental Report of Plaintiffs' Expert David R. Elmore, Jr. filed by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Proof of Service)(Weiss, Shirli) (cge).
January 10, 2013 Filing 203 NOTICE of Appearance by Ryan T Hansen on behalf of Bayer Corporation, Bayer Healthcare, LLC (Attachments: # 1 Proof of Service)(Hansen, Ryan) (cge).
January 9, 2013 Filing 202 Minute Entry for proceedings held before Magistrate Judge David H. Bartick: Mandatory Settlement Conference held on 1/9/2013. The case did not settle. (Plaintiff Attorney Elaine Ryan, Thomas O'Reardon, John Climaco, Frank Piscitelli). (Defendant Attorney Shirli Weiss, Julie Hussey). (no document attached) (mbr)
January 8, 2013 Opinion or Order Filing 201 ORDER Granting 200 Final Joint Motion to Extend Summary Judgment Briefing Deadlines re 172 MOTION for Summary Judgment . Responses due by 1/15/2013 Replies due by 2/15/2013. Signed by Judge Anthony J. Battaglia on 1/8/13. (All non-registered users served via U.S. Mail Service)(cge)(jrd)
January 8, 2013 Filing 200 Joint MOTION for Extension of Time to File Response/Reply as to 172 MOTION for Summary Judgment by Marc Bordman, David Johns. (O'Reardon, Thomas) (cge).
January 2, 2013 Filing 199 Exhibits A, D, H, I, J, K, L, M, N in Support of Opposition to Motion to Exclude the Testimony of Expert David R. Elmore by Marc Bordman, David Johns (Attachments: # 1 Exhibit A, Exhibits B-K, Exhibits N-Q, T-V, # 2 Exhibit A, Exhibits B-K, Exhibits N-Q, T-V (continued))(kaj)
January 2, 2013 Opinion or Order Filing 198 ORDER denying without prejudice plaintiffs' 188 , 191 Motion to File Documents Under Seal, or Portions of Selected Documents Under Seal. However, if either party feels certain documents contained in the instant motions, or any future documents filed in this litigation, may meet the "compelling reason" standard, such party may file a motion to seal clearly articulating why the document meets the required standard. The Clerk of Court is instructed to unseal the currently lodged documents 189 , 193 . Signed by Judge Anthony J. Battaglia on 1/2/13. (All non-registered users served via U.S. Mail Service)(kaj)
December 21, 2012 Filing 197 RESPONSE in Opposition re 162 MOTION to Exclude Plaintiffs' Motion to Exclude Expert Testimony of Ravi Dhar filed by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Declaration of Shirli Fabbri Weiss, # 2 Declaration of Ravi Dhar, Ph.D., # 3 Declaration of Kim Ackerman, # 4 Exhibit A - J to Declaration of Kim Ackerman, # 5 Request for Judicial Notice, # 6 Proof of Service)(Weiss, Shirli) (rlu).
December 21, 2012 Filing 196 RESPONSE in Opposition re 142 MOTION to Exclude Evidence of Opinions of Plaintiffs' Expert Harry A. Milman Plaintiff's Opposition to Bayer's Motion to Exclude The Expert Testimony of Harry A. Milman filed by Marc Bordman, David Johns. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Syverson, Patricia) (sjt).
December 21, 2012 Filing 195 RESPONSE in Opposition re 156 MOTION to Exclude Plaintiffs' Motion to Exclude Expert Testimony of James W. Hughes filed by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Declaration of Jay Kolpon, # 2 Declaration of James W. Hughes, # 3 Declaration of Shirli Fabbri Weiss, # 4 Exhibit A to the Declaration of Shirli Fabbri Weiss, # 5 Exhibit B, Part 1 to the Declaration of Shirli Fabbri Weiss, # 6 Exhibit B, Part 2 to the Declaration of Shirli Fabbri Weiss, # 7 Exhibit C to the Declaration of Shirli Fabbri Weiss, # 8 Exhibit D to the Declaration of Shirli Fabbri Weiss, # 9 Proof of Service)(Weiss, Shirli) (sjt)
December 21, 2012 Filing 194 RESPONSE in Opposition re 157 MOTION to Exclude Evidence of Opinions and Testimony of Plaintiffs' Expert David R. Elmore, Jr. filed by Marc Bordman, David Johns. (Attachments: # 1 Declaration Blood Decl ISO Plaintiffs' Oppo to Motion to Exclude Elmore, # 2 Exhibit Exs. A-V ISO Plaintiffs' Oppo to Motion to Exclude Elmore (Public Redacted Version))(Blood, Timothy) (sjt).
December 21, 2012 Filing 193 [MOTION DENIED, AS PER ORDER DATED 1/2/13 198 ] - SEALED LODGED Proposed Document re: 191 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Blood, Timothy) (rlu). Modified on 1/3/2013 (kaj).
December 21, 2012 Filing 192 RESPONSE in Opposition re 141 MOTION to Exclude Motion to Exclude Expert Testimony of Jeffrey B. Blumberg filed by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Declaration of Margaret Craig, # 2 Exhibit A - D to Declaration of Margaret Craig, # 3 Exhibit E - H to Declaration of Margaret Craig, # 4 Declaration of Kim Ackerman, # 5 Exhibit A - J ot Declaration of Kim Ackerman, # 6 Declaration of Jeffrey Blumberg, # 7 Exhibit A - M to Declaration of Jeffrey Blumberg, # 8 Exhibit N - S to Declaration of Jeffrey Blumberg, # 9 Proof of Service)(Weiss, Shirli) (QC mailer sent out re: proof of service not signed) (sjt).
December 21, 2012 Filing 191 MOTION to File Documents Under Seal (With attachments)(Blood, Timothy) (rlu).
December 21, 2012 Filing 190 RESPONSE in Opposition re 155 MOTION to Exclude Evidence, Opinions, and Testimony of Plaintiffs' Expert Thomas J. Maronick filed by Marc Bordman, David Johns. (Attachments: # 1 Declaration Timothy G. Blood ISO Motion to Exclude Maronick, # 2 Exhibit Exs. A-O ISO Oppo to Motion to Exclude Maronick)(Blood, Timothy) (sjt).
December 21, 2012 Filing 189 [MOTION DENIED, AS PER ORDER DATED 1/2/13 198 ] - SEALED LODGED Proposed Document re: 188 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Blood, Timothy) (rlu). Modified on 1/3/2013 (kaj).
December 21, 2012 Filing 188 MOTION to File Documents Under Seal (With attachments)(Blood, Timothy) (rlu).
December 21, 2012 Filing 187 RESPONSE in Opposition re 161 MOTION to Strike Supplemental Report of Plaintiffs' Expert David R. Elmore, Jr. filed by Marc Bordman, David Johns. (Attachments: # 1 Declaration Timothy G. Blood in Support of Plaintiffs' Opposition to Bayer's Motion to Strike Supplemental Report of David R. Elmore, Jr., # 2 Exhibit A (Elmore Deposition Excerpts))(Blood, Timothy) (sjt).
December 13, 2012 Opinion or Order Filing 186 ORDER granting 185 Joint Motion to Extend and Clarify Certain Deadlines Relating to Defendants' Pending Motion for Summary Judgment and Motion to Strike Elmore's Supplemental Expert Report. (Memorandum of Contentions of Fact and Law due by 4/23/2013. Pretrial Order due by 5/15/2013. Final Pretrial Conference set for 5/29/2013 at 1:30 PM before Judge Anthony J. Battaglia. Mandatory Settlement Conference set for 1/9/2013 at 10:00 AM before Magistrate Judge David H. Bartick). (Plaintiffs' Oppositions to Motion to Strike and Motions to Exclude Testimony due 12/21/12. Replies To Motion to Strike and Motions to Exclude Testimony due 1/10/13). (Oppositions to Defendants' Motion for Summary Judgment due 1/11/13, replies to Motion for Summary Judgment due 2/4/13). Signed by Judge Anthony J. Battaglia on 12/13/12. (All non-registered users served via U.S. Mail Service)(cge)
December 12, 2012 Filing 185 Joint MOTION to Extend Certain Deadlines and Clarify the Briefing Deadlines for Bayer's Motion to Strike Elmore's Supplemental Report by Marc Bordman, David Johns. (Attachments: # 1 Declaration Thomas J. O'Reardon II in Support of Joint Motion to Extend Certain Deadlines)(O'Reardon, Thomas) (Modified to remove duplicate text) (cge).
December 7, 2012 Filing 184 DECLARATION of Tracy Nunziata in Support of 172 Motion of Bayer Corporation and Bayer Healthcare, LLC for Summary Judgment by Defendants Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Declaration of James W. Hughes, # 2 Declaration of Shirli F. Weiss, # 3 Exhibit A thru C to Declaration of Shirli F. Weiss, # 4 Exhibit D (Part 1 of 2) to Declaration of Shirli F. Weiss, # 5 Exhibit D (Part 2 of 2) to Declaration of Shirli F. Weiss, # 6 Exhibit E thru F to Declaration of Shirli F. Weiss) (Per Order on 12/7/2012, the documents to be filed publicly)(rlu)
December 7, 2012 Opinion or Order Filing 183 ORDER to File Lodged Documents. Signed by Judge Anthony J. Battaglia on 12/7/2012.(All non-registered users served via U.S. Mail Service)(rlu) (jrl).
December 6, 2012 Filing 182 NOTICE OF WITHDRAWAL OF DOCUMENT by Bayer Healthcare, LLC, Bayer Corporation re 170 MOTION to File Documents Under Seal filed by Bayer Healthcare, LLC, Bayer Corporation Related to Its Motion for Summary Judgment. (Attachments: # 1 Proof of Service)(Weiss, Shirli) (cge).
December 6, 2012 Filing 181 DECLARATION of Shirli Fabbri Weiss t/w Exhibits A - D in Support of 161 MOTION to Strike Supplemental Report of Plaintiffs' Expert David R. Elmore, Jr. by Defendants Bayer Corporation, Bayer Healthcare, LLC. (Per Order on 12/5/2012, the documents to be filed publicly) (leh)
December 5, 2012 Filing 180 DECLARATION of Tracy Nunziata in Support of 157 MOTION to Exclude Evidence of Opinions and Testimony of Plaintiffs' Expert David R. Elmore, Jr. by Defendants Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Declaration of James Hughes, # 2 Declaration of Shirli Fabbri Weiss, # 3 Exhibit A to Weiss Declaration, # 4 Exhibit C to Weiss Declaration, # 5 Exhibit D to Weiss Declaration)(Per Order on 12/5/2012, these documents to be filed publicly)(leh)
December 5, 2012 Filing 179 Memorandum of Points and Authorities in Support of Motion t/w Declaration of Julie L. Hussey and the Declaration of Ravi Dhar by Bayer Corporation, Bayer Healthcare, LLC re 155 MOTION to Exclude Evidence, Opinions, and Testimony of Plaintiffs' Expert Thomas J. Maronick. (Per Order on 12/5/2012, these docs to be filed publicly) (leh)
December 5, 2012 Opinion or Order Filing 178 ORDER Denying Defendants' Motion to File Documents Under Seal Re: 164 , 166 , 168 . The Clerk of Court is instructed to unseal the currently lodged documents. Signed by Judge Anthony J. Battaglia on 12/5/2012. (leh)
December 5, 2012 Filing 177 DECLARATION of Jay Kolpon by Bayer Corporation, Bayer Healthcare, LLC re 157 MOTION to Exclude Evidence of Opinions and Testimony of Plaintiffs' Expert David R. Elmore, Jr. (Attachments: # 1 Proof of Service)(Weiss, Shirli) Modified text to correct document title, removed excess text on 12/5/2012 (cge).
December 5, 2012 Filing 176 Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia: Rejecting Document, from Defendants Bayer Corporation, Bayer Healthcare, LLC, re 173 Declaration. Non-compliance with local rule(s), OTHER: Supplemental documents require court order. Leave of Court was not requested to file the additional declaration not attached to the pending Daubert motion. (Doc. No. 157.) Per the Court's Scheduling Order, (Doc. No. 139), the deadline to file all Daubert motions was 11/29/12. This attachment to the Daubert motion was thus untimely. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties.(All non-registered users served via U.S. Mail Service)(cge)
December 5, 2012 Filing 175 Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia: Accepting Document, from Defendants Bayer Corporation, Bayer Healthcare, LLC, re 172 MOTION for Summary Judgment . Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record.(All non-registered users served via U.S. Mail Service)(cge)
December 5, 2012 Opinion or Order Filing 174 ORDER by Judge Battaglia, Set briefing schedule as to 172 MOTION for Summary Judgment . Oppositions due by 1/4/2012, Replies due by 1/28/2013, no sur-replies will be filed. Motion Hearing set for 3/28/2013 at 2:00 PM in Courtroom 12 before Judge Anthony J. Battaglia.(no document attached) (sc)
December 4, 2012 Filing 173 DOCUMENT STRICKEN PER 176 - DECLARATION re 157 MOTION to Exclude Evidence of Opinions and Testimony of Plaintiffs' Expert David R. Elmore, Jr. Declaration of Jay Kolpon with Exhibit A attached by Defendants Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Proof of Service)(Weiss, Shirli) (Main Document 173 replaced on 12/5/2012, document stricken 176 ) (cge).
December 4, 2012 Filing 172 MOTION for Summary Judgment by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Memo of Points and Authorities , # 2 Request for Judicial Notice, # 3 Declaration of Jay Kolpon, # 4 Declaration of Tracy Nunziata, # 5 Declaration of Kim Ackerman, # 6 Exhibit A thru G to Declaration of Kim Ackerman, # 7 Exhibit H thru M to Declaration of Kim Ackerman, # 8 Declaration of Shirli F. Weiss, # 9 Declaration of James W. Hughes, # 10 Declaration of Jeffrey B. Blumberg, # 11 Declaration of Margaret Craig, # 12 Exhibit A thru L to Declaration of Margaret Craig, # 13 Exhibit M thru U to Declaration of Margaret Craig, # 14 Proof of Service)(Weiss, Shirli) (cge).
December 4, 2012 Filing 171 (Order to File Docs Publicly) -(MOTION WITHDRAWN PER 182 ) SEALED LODGED Proposed Document re: 170 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Weiss, Shirli) (leh). Modified on 12/7/2012 to indicate document withdrawn (cge). Modified on 12/7/2012 to indicate docs filed publicly(rlu). (Main Document 171 replaced on 12/7/2012) (rlu).
December 4, 2012 Filing 170 DOCUMENT WITHDRAWN PER 182 - MOTION to File Documents Under Seal (With attachments)(Weiss, Shirli) (leh). (Modified on 12/7/2012 to indicate withdrawn) (cge).
November 30, 2012 Filing 169 (Order Denying Motion to File Docs Under Seal, Docs Filed Publicly) - SEALED LODGED Proposed Document re: 168 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Weiss, Shirli) (rlu). Modified on 12/6/2012 to indicate order denied motion to seal, docs filed publicly(leh).
November 30, 2012 Filing 168 MOTION to File Documents Under Seal (With attachments)(Weiss, Shirli) (rlu).
November 30, 2012 Filing 167 (Order Denying Motion to File Docs Under Seal, Docs Filed Publicly)SEALED LODGED Proposed Document re: 166 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Weiss, Shirli) (rlu). Modified on 12/6/2012 to indicate order denied motion, doc filed publicly(leh).
November 30, 2012 Filing 166 MOTION to File Documents Under Seal (With attachments)(Weiss, Shirli) (rlu).
November 30, 2012 Filing 165 (Order Denying Motion to File Docs Under Seal, Docs Filed Publicly) -SEALED LODGED Proposed Document re: 164 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Weiss, Shirli) (rlu). Modified on 12/6/2012 to indicate order denied, docs filed publicly (leh).
November 30, 2012 Filing 164 MOTION to File Documents Under Seal (With attachments)(Weiss, Shirli) (rlu).
November 30, 2012 Filing 163 Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia: Rejecting Document, from Defendant Bayer Corporation, re 159 MOTION to File Documents Under Seal, 152 MOTION to File Documents Under Seal, 154 Sealed Lodged Proposed Document, 151 MOTION to File Documents Under Seal, 158 Sealed Lodged Proposed Document, 160 Sealed Lodged Proposed Document, 153 Sealed Lodged Proposed Document. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, OTHER: Failure to comply with chambers rules and attach an affidavit or declaration in support of the motions to file under seal. Failed to lodge all documents. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties(leh)
November 29, 2012 Filing 162 MOTION to Exclude Plaintiffs' Motion to Exclude Expert Testimony of Ravi Dhar by Marc Bordman, David Johns. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10)(Syverson, Patricia)(cge).
November 29, 2012 Filing 161 MOTION to Strike Supplemental Report of Plaintiffs' Expert David R. Elmore, Jr. by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Shirli F. Weiss, # 3 Proof of Service)(Weiss, Shirli)(cge).
November 29, 2012 Filing 160 DOCUMENT STRICKEN PER ORDER ON 11/30/2012 - SEALED LODGED Proposed Document re: 159 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Weiss, Shirli) (leh) Modified on 11/30/2012 to strike doc(leh).
November 29, 2012 Filing 159 DOCUMENT STRICKEN PER ORDER ON 11/30/2012 - MOTION to File Documents Under Seal (With attachments)(Weiss, Shirli) (leh) Modified on 11/30/2012 to strike doc and term motion(leh).
November 29, 2012 Filing 158 DOCUMENT STRICKEN PER ORDER ON 11/30/2012 - SEALED LODGED Proposed Document re: 151 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Weiss, Shirli)(leh). Modified on 11/30/2012 to strike doc(leh).
November 29, 2012 Filing 157 MOTION to Exclude Evidence of Opinions and Testimony of Plaintiffs' Expert David R. Elmore, Jr. by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of James W. Hughes, # 3 Declaration of Jay Kolpon - REFILED as 177 , # 4 Declaration of Tracy Nunziata, # 5 Declaration of Margaret D. Craig, # 6 Exhibit A thru L to Declaration of Margaret D. Craig, # 7 Exhibit M thru U to Declaration of Margaret D. Craig, # 8 Declaration of Shirli F. Weiss, # 9 Request for Judicial Notice, # 10 Proof of Service)(Weiss, Shirli) (cge). (Modified to indicate Declaration of J Kolpon (Attachment 3) refiled on 12/5/2012 as 177 ) (cge).
November 29, 2012 Filing 156 MOTION to Exclude Plaintiffs' Motion to Exclude Expert Testimony of James W. Hughes by Marc Bordman, David Johns. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9)(Syverson, Patricia)(cge).
November 29, 2012 Filing 155 MOTION to Exclude Evidence, Opinions, and Testimony of Plaintiffs' Expert Thomas J. Maronick by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Julie L. Hussey, # 3 Declaration of Ravi Dhar, # 4 Proof of Service)(Hussey, Julie)(cge).
November 29, 2012 Filing 154 DOCUMENT STRICKEN PER ORDER ON 11/30/2012 - SEALED LODGED Proposed Document re: 151 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Weiss, Shirli) (leh). Modified on 11/30/2012 to strike doc (leh).
November 29, 2012 Filing 153 DOCUMENT STRICKEN PER ORDER ON 11/30/2012 - SEALED LODGED Proposed Document re: 152 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Hussey, Julie) (leh). Modified on 11/30/2012 to stike doc (leh).
November 29, 2012 Filing 152 DOCUMENT STRICKEN PER ORDER ON 11/30/2012 - MOTION to File Documents Under Seal (With attachments)(Hussey, Julie)(leh). Modified on 11/30/2012 to strike doc, term motion (leh).
November 29, 2012 Filing 151 DOCUMENT STRICKEN PER ORDER ON 11/30/2012 - MOTION to File Documents Under Seal (With attachments)(Weiss, Shirli) (leh) Modified on 11/30/2012 to strike doc, term motion(leh).
November 21, 2012 Opinion or Order Filing 150 ORDER Setting Briefing Schedule for all Daubert Motions. (Responses due by 12/21/2012. Replies due by 1/10/2013. Motion Hearing set for 1/31/2013 02:00 PM before Judge Anthony J. Battaglia. Signed by Judge Anthony J. Battaglia on 11/21/12. (All non-registered users served via U.S. Mail Service)(cge)(jrd)
November 21, 2012 Opinion or Order Filing 149 ORDER Continuing Mandatory Settlement Conference. Mandatory Settlement Conference set for 1/9/2013 at 10:00 AM before Magistrate Judge David H. Bartick. Signed by Magistrate Judge David H. Bartick on 11/21/12.(All non-registered users served via U.S. Mail Service)(cge)(jrd)
November 21, 2012 Filing 148 Exhibit U to Declaration of Patricia N. Syverson ISO of Motion to Exclude Testimony of Jeffrey Blumbergby Marc Bordman, David Johns re 141 MOTION to Exclude Expert Testimony of Jeffrey B. Blumberg . (Attachments: # 1 Exhibit U)(Syverson, Patricia) (cge).
November 21, 2012 Filing 147 Order by Judge Anthony J. Battaglia:The Court hereby vacates the discrepancy order docketed as 146 striking Memorandum of Points and Authorities [142-1]. The clerk's office is instructed to reinstate the Memorandum of Points and Authorities previously filed. (no document attached) (ymm) (All non-registered users served via U.S. Mail Service) Modified on 11/21/12 to indicate mail service to non-registered users (cge).
November 21, 2012 Filing 146 (VACATED on 11/21/12, 147 ) Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia: Rejecting Document, from Defendants Bayer Corporation, Bayer Healthcare, LLC, re [142-1] Memorandum of Points and Authorities ISO MOTION to Exclude Evidence of Opinions of Plaintiffs' Expert Harry A. Milman. Non-compliance with local rule(s), Civ. L. Rule 7.1 or 47.1: Briefs or memoranda exceed length restrictions, OTHER: No leave of court granted to file excess pages.. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties.(All non-registered users served via U.S. Mail Service)(cge) (Modified to indicate order vacated on 11/21/12)
November 20, 2012 Filing 145 EXHIBIT U to Declaration of Patricia N. Syverson ISO of Motion to Exclude Testimony of Jeffrey Blumberg by Marc Bordman, David Johns re 141 MOTION to Exclude Expert Testimony of Jeffrey B. Blumberg . (Attachments: # 1 Exhibit U - refiled as 148 )(Syverson, Patricia) (Modified to remove excess text, and edit document description per chambers, email sent to atty to withdraw and refile w/ pdf images correctly scanned on 11/21/2012.Modified to indicate exhibit refiled as 148 on 11/26/12 ) (cge).
November 20, 2012 Filing 144 EXHIBITS Q - T to Declaration of Patricia N. Syverson ISO Motion to Exclude Testimony of Jeffrey Blumberg by Marc Bordman, David Johns re 141 MOTION to Exclude Expert Testimony of Jeffrey B. Blumberg (Attachments: # 1 Exhibit Q, # 2 Exhibit R, # 3 Exhibit S, # 4 Exhibit T)(Syverson, Patricia) (Modified to remove excess text, and edit document description, per chambers on 11/21/2012) (cge).
November 20, 2012 Filing 143 EXHIBITS K - P to Declaration of Patricia Syverson ISO Motion to Exclude Expert Testimony of Jeffrey Blumberg. (Attachments: # 1 Exhibit K, # 2 Exhibit L, # 3 Exhibit M, # 4 Exhibit N, # 5 Exhibit O, # 6 Exhibit P)by Marc Bordman, David Johns re 141 MOTION to Exclude Expert Testimony of Jeffrey B. Blumberg (Syverson, Patricia) (Modified to remove excess text, and edit document description, per chambers on 11/21/2012) (cge).
November 20, 2012 Filing 142 MOTION to Exclude Evidence of Opinions of Plaintiffs' Expert Harry A. Milman by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Shirli Fabbri Weiss, # 3 Exhibit A - D to Declaration of Shirli Fabbri Weiss, # 4 Exhibit E - J to Declaration of Shirli Fabbri Weiss , # 5 Proof of Service)(Weiss, Shirli) (Modified to remove excess text on 11/21/2012, attachment 1 reinstated per 146 on 11/21/2012, NEF regenerated) (cge).
November 20, 2012 Filing 141 MOTION to Exclude Expert Testimony of Jeffrey B. Blumberg by Marc Bordman, David Johns. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J)(Syverson, Patricia) (cge).
November 16, 2012 Filing 140 PRO HAC VICE APPOINTED: Van Bunch appearing for Plaintiffs Marc Bordman, David Johns. (All non-registered users served via U.S. Mail Service)(vam)
November 15, 2012 Opinion or Order Filing 139 ORDER granting in part and denying in part 138 Joint Motion to Extend Certain Deadlines Relating to Daubert Motions and the Mandatory Settlement Conference. Signed by Magistrate Judge David H. Bartick on 11/15/12. (cge)
November 14, 2012 Filing 138 Joint MOTION for Extension of Time to File Joint Motion To Extend Certain Deadlines Relating To Daubert Motions and Mandatory Settlement Conference by Marc Bordman, David Johns. (Syverson, Patricia)(cge).
August 23, 2012 Filing 137 NOTICE of Change of Address by Patricia N Syverson (Syverson, Patricia) (kaj).
August 2, 2012 Opinion or Order Filing 136 ORDER granting 135 Joint Motion to Stay Case and Extend all Case Deadlines:Final Pretrial Conference set for 2/8/2013 at 1:30 PM before Judge Anthony J. Battaglia. Mandatory Settlement Conference set for 12/21/2012 at 10:00 AM before Magistrate Judge David H. Bartick. Proposed Final Pretrial Order due by 1/29/2013. Signed by Judge Anthony J. Battaglia on 8/2/12. (cge) (jrl).
August 1, 2012 Filing 135 Joint MOTION to Stay Case and to Extend All Current Deadlines by 60 Days by Bayer Corporation, Bayer Healthcare, LLC. (Weiss, Shirli) (cge).
July 16, 2012 Opinion or Order Filing 134 ORDER Modifying Scheduling Order. Signed by Magistrate Judge David H. Bartick on 7/16/12.(cge) (jrl).
July 16, 2012 Filing 133 Minute Entry for proceedings held before Magistrate Judge David H. Bartick: Case Management Conference held on 7/16/2012. Order to follow. (Plaintiff Attorney Patricia Syverson). (Defendant Attorney Julie Hussey). (no document attached) (mbr)
July 16, 2012 Opinion or Order Filing 132 ORDER denying 131 Joint Motion to Extend Deadlines. Signed by Magistrate Judge David H. Bartick on 7/16/12. (cge)
July 13, 2012 Filing 131 Joint MOTION to Extend Deadlines by Bayer Corporation, Bayer Healthcare, LLC. (Weiss, Shirli)(cge).
June 14, 2012 Opinion or Order Filing 130 ORDER Granting 129 Joint Motion To Extend Deadlines Relating to Expert Reports Regarding Damages. Signed by Magistrate Judge David H. Bartick on 6/14/12. (cge)(jrd)
June 13, 2012 Filing 129 Joint MOTION for Extension of Time to Complete Discovery Joint Motion to Extend Deadlines Relating to Expert Reports Regarding Damages by Marc Bordman, David Johns. (O'Reardon, Thomas) (cge).
May 1, 2012 Opinion or Order Filing 128 ORDER Vacating Docket No. 127 and confirming Case Scheduling dates set forth in Docket No. 123 . A Mandatory Settlement Conference is set for October 22, 2012 at 10:00 a.m. A Final Pretrial Conference before the Honorable Anthony J. Battaglia is set for December 7, 2012 at 1:30 p.m. Signed by Magistrate Judge David H. Bartick on 5/1/12.(ecs)
April 30, 2012 Opinion or Order Filing 127 ORDER Scheduling Mandatory Settlement Conference and Pretrial Dates: Mandatory Settlement Conference set for 10/24/2012 10:00 AM before Magistrate Judge David H. Bartick. Proposed Pretrial Order due by 11/30/2012. Final Pretrial Conference set for 12/7/2012 01:30 PM before Judge Anthony J. Battaglia.. Signed by Magistrate Judge David H. Bartick on 4/30/12.(cge) **Vacated per 128 Order**
April 30, 2012 Opinion or Order Filing 126 ORDER granting Plaintiffs' 122 Motion to Compel Deposition of Bayer Regarding Sales and Expenses. Signed by Magistrate Judge David H. Bartick on 04/30/12. (cge)
April 25, 2012 Filing 125 RESPONSE in Opposition re 122 MOTION for Discovery Plaintiffs' Brief Regarding Rule 30(b)(6) Deposition of Bayer Regarding Sales and Expenses filed by Bayer Corporation, Bayer Healthcare, LLC. (Weiss, Shirli) (cge).
April 25, 2012 Filing 124 Notice of Document Discrepancies by Magistrate Judge David H. Bartick Rejecting Document: Memo. of Points and Authorities of Bayer Corporation and Bayer Healthcare, LLC in Compliance With April 5, 2012 Order Regarding Rule 30(b)(6) Deposition Discovery Dispute from Bayer Corporation, Bayer Healthcare, LLC. Non-compliance with local rule(s), Civ. L. Rule 5.4: Document not filed electronically. Notice of Noncompliance already issued, OTHER: All motions and memoranda of law shall be filed electronically. E-mailing a document to chambers does not constitute filing. Please refer to Section 2(a) of the Court's Electronic Case Filing Administrative Policies and Procedures Manual for more information. Defendants shall file their memorandum electronically. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1., Rejected document was returned to the filer.(cge)
April 17, 2012 Opinion or Order Filing 123 ORDER granting 92 Joint Motion to Extend Deadline for Exchange of Supplemental Expert Reports; Order Setting Pretrial Deadlines. Mandatory Settlement Conference set for 10/22/2012 10:00 AM before Magistrate Judge David H. Bartick. Proposed Pretrial Order due by 11/30/2012. Final Pretrial Conference set for 12/7/2012 01:30 PM before Judge Anthony J. Battaglia. Signed by Magistrate Judge David H. Bartick on 04/17/12.(cge)
April 16, 2012 Filing 122 Plaintiffs' Brief Regarding Rule 30(b)(6) Deposition of Bayer Regarding Sales and Expenses by Marc Bordman, David Johns. (Attachments: # 1 Exhibit A (Rule 30(b)(6) Deposition Notice), # 2 Exhibit B (email correspondence between counsel re Rule 30(b)(6) Deposition Notice), # 3 Exhibit C (letter dated Nov. 9, 2011 from Julie Hussey regarding Rule 30(b)(6) Deposition Notice))(Blood, Timothy) Modified text to correct event (cge).
April 12, 2012 Opinion or Order Filing 121 ORDER of USCA in USCA Case Number 12-80019. The USCA, in its discretion, denies the petition for permission to appeal the USDC's February 3, 2012 order granting class action certification. (akr)
April 11, 2012 Filing 120 Joint MOTION to Extend Deadline for Exchange of Supplemental Expert Reports Required by Federal Rule of Civil Procedure 26(a)(2) by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Proof of Service)(Weiss, Shirli) (cge).
April 5, 2012 Opinion or Order Filing 119 TRANSFER ORDER: Judge Louisa S. Porter is no longer assigned to the case and Judge David H. Bartick is now assigned for all further proceedings. All pending dates currently scheduled before Magistrate Judge Louisa S. Porter are to be rescheduled to the calendar of Judge David H. Bartick as previously set. Any dates set before any district judge remain unchanged. The new case number is 09cv1935-AJB(DHB). Signed by Judge Barry Ted Moskowitz on 4/4/12.(ecs)
April 5, 2012 Opinion or Order Filing 118 ORDER Following Discovery Conference. Signed by Magistrate Judge David H. Bartick on 04/05/12.(cge)
April 4, 2012 Filing 117 Minute Entry for proceedings held before Magistrate Judge David H. Bartick: Discovery Conference held on 4/4/2012. Order to follow.(CD# 4/4/2012 10:10-10:30). (Plaintiff Attorney Thomas J. O'Reardon). (Defendant Attorney Shirli F. Weiss, Julie L. Hussey, Ryan Hansen). (mbr)
March 29, 2012 Opinion or Order Filing 116 ORDER Following Discovery Conference held on 3/29/12. Signed by Magistrate Judge Louisa S Porter on 03/29/12.(cge)
March 29, 2012 Filing 115 CERTIFICATE OF SERVICE by Bayer Corporation, Bayer Healthcare, LLC re 114 Amended Document, (Hussey, Julie) (cge).
March 28, 2012 Filing 114 AMENDED DOCUMENT re Exhibit "A" In Support of Joint Discovery Statement Re Depositions of Bayer Witnesses by Bayer Corporation, Bayer Healthcare, LLC. Amendment to 112 Joint Hearing Statement (Hussey, Julie) Document not properly captioned, missing POS, QC mailer sent to atty (cge).
March 28, 2012 Opinion or Order Filing 113 ORDER scheduling telephonic, attorneys only Discovery Conference for 3/28/2012 01:00 PM before Magistrate Judge Louisa S Porter. Signed by Magistrate Judge Louisa S Porter on 03/28/12.(cge)
March 27, 2012 Filing 112 JOINT HEARING STATEMENT by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Exhibit "A" In Support of Joint Discovery Statement Re Depositions of Bayer Witnesses)(Hussey, Julie) (cge).
March 19, 2012 Filing 111 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/26/2012, before Judge Anthony J. Battaglia. Court Reporter/Transcriber: Jeannette N. Hill. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/9/2012. Redacted Transcript Deadline set for 4/19/2012. Release of Transcript Restriction set for 6/18/2012. (akr)
March 5, 2012 Opinion or Order Filing 110 ORDER granting 108 Joint Motion to Extend Deadline for Exchange of Expert Disclosures. Signed by Magistrate Judge Louisa S Porter on 3/5/12. (cge) (jrl).
February 29, 2012 Filing 109 CERTIFICATE OF SERVICE by Bayer Corporation, Bayer Healthcare, LLC re 108 Joint MOTION for Extension of Time to File to Extend Deadline for Exchange of Expert Disclosures Required by Federal Rule of Civil Procedure 26(a)(2) (Weiss, Shirli)(cge).
February 29, 2012 Filing 108 Joint MOTION for Extension of Time to File to Extend Deadline for Exchange of Expert Disclosures Required by Federal Rule of Civil Procedure 26(a)(2) by Bayer Corporation, Bayer Healthcare, LLC. (Weiss, Shirli) No proof of service, QC mailer sent to atty (cge).
February 21, 2012 Filing 107 USCA Case Number 12-80019 for Petition for Permission to Appeal under 23(f) filed by Bayer Corporation, Bayer Healthcare, LLC. (akr)
February 6, 2012 Filing 106 NOTICE of Change of Address by Timothy Gordon Blood (Blood, Timothy) Atty Main (cge).
February 3, 2012 Opinion or Order Filing 105 ORDER granting Plaintiffs' 73 Motion for Class Certification. Signed by Judge Anthony J. Battaglia on 2/3/12. (cge) (jrl).
January 26, 2012 Filing 100 Minute Entry for proceedings held before Judge Anthony J. Battaglia: Motion Hearing held on 1/26/2012. The Court grants 70 Motion to File Documents Under Seal; grants 75 Motion to File Documents Under Seal; grants 86 Motion to File Documents Under Seal; grants 95 Motion to File Documents Under Seal. The Court takes the 73 Motion for Class Certification under submission and will issue an order. (Court Reporter Jeannette Hill).(Plaintiff Attorney Timothy Gordon Blood).(Defendant Attorney Julie LeMaye Hussey; Shirli Fabbri Weiss). (cc: Sealed Clerks) (smy)
January 26, 2012 Opinion or Order Filing 99 ORDER granting Bayer's 98 Ex Parte Motion to Permit the Use Power Point Equipment at Hearing on Plaintiff's Motion for Class Certification. Signed by Judge Anthony J. Battaglia on 1/26/12. (cge)(jrd)
January 25, 2012 Filing 98 Ex Parte MOTION to Allow the Use of Electrical Equipment in the Courtroom by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Declaration of Katherine J. Larson in Support of Ex Parte Application to Permit Use of PowerPoint Equipment at Hearing on Plaintiffs' Motion for Class Certification)(Weiss, Shirli) (cge).
January 19, 2012 Filing 97 NOTICE by Bayer Corporation, Bayer Healthcare, LLC re 79 Response in Opposition to Motion, Second Notice of Supplemental Authority in Support of Defendants' Bayer Corporation and Bayer Healthcare, LLC Opposition to Plaintiffs' Motion for Class Certification (Hussey, Julie) (cge).
January 18, 2012 Filing 96 [FILED AS SEALED DOCUMENT ON 1/26/2012] - SEALED LODGED Proposed Document re: 95 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Syverson, Patricia)(leh). Modified on 1/27/2012 to add file date to lodgment (leh).
January 18, 2012 Filing 95 MOTION to File Documents Under Seal (With attachments)(Syverson, Patricia)(leh).
January 13, 2012 Filing 94 NOTICE of Hearing on Motion 73 MOTION motion for class certification : Due to a conflict in the Court's calendar, the Motion Hearing currently set for 01/20/12 is moved to 1/26/2012 01:30 PM in Courtroom 12 before Judge Anthony J. Battaglia. (ymm)
January 12, 2012 Opinion or Order Filing 93 ORDER granting 92 Joint Motion to Extend Current Pretrial Deadlines. Signed by Magistrate Judge Louisa S Porter on 1/11/12. (cge)
January 9, 2012 Filing 92 Joint MOTION (Request) to Extend Current Pretrial Deadlines by Marc Bordman, David Johns. (Syverson, Patricia) (cge).
January 5, 2012 Opinion or Order Filing 91 ORDER denying Defendants' 88 Ex Parte Motion for Leave to File Motion to Strike False Statements in Plaintiffs' Reply in Support of Motion for Class Certification. Signed by Judge Anthony J. Battaglia on 01/05/12. (cge) (jrl).
December 20, 2011 Filing 90 RESPONSE in Opposition re 88 MOTION for Leave to File Motion to Strike False Statements Made in Plaintiffs' Reply in Support of Motion for Class Certification Plaintiffs' Opposition to Bayer's Request for Leave to File Motion to Strike False Statements Made in Support of Motion for Class Certification filed by Marc Bordman, David Johns. (Syverson, Patricia) (cge).
December 15, 2011 Filing 89 NOTICE of Supplemental Authority in Support of Defendants Bayer Corporation and Bayer Healthcare, LLC's Objections to Portions of Declaration of Patricia Syverson by Bayer Corporation, Bayer Healthcare, LLC re 80 Objections (Hussey, Julie) (cge).
December 15, 2011 Filing 88 MOTION (Request) for Leave to File Motion to Strike False Statements Made in Plaintiffs' Reply in Support of Motion for Class Certification by Bayer Corporation, Bayer Healthcare, LLC. (Weiss, Shirli) (cge).
November 23, 2011 Filing 87 [FILED AS SEALED DOCUMENT ON 1/26/2012] - SEALED LODGED Proposed Document re: 86 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Syverson, Patricia)(leh). Modified on 1/27/2012 to add file date to lodgment (leh).
November 23, 2011 Filing 86 MOTION to File Documents Under Seal (With attachments)(Syverson, Patricia)(leh).
November 23, 2011 Filing 85 REPLY to Response to Motion re 73 MOTION motion for class certification (Redacted) filed by Marc Bordman, David Johns. (Attachments: # 1 Declaration of Elaine A. Ryan, # 2 Exhibit 2, 3, 13-17 to Ryan Declaration)(Syverson, Patricia) (cge).
November 23, 2011 Filing 84 NOTICE Regarding Exhibit Attachment by Marc Bordman, David Johns re 73 MOTION motion for class certification Notice of Lodgment of Ryan Decl. Ex. 1 in Support of Plaintiffs' Motion for Class Certification (O'Reardon, Thomas) (cge).
November 16, 2011 Filing 83 SUPPLEMENTAL DOCUMENT by Bayer Corporation, Bayer Healthcare, LLC re 79 Response in Opposition to Motion, Notice of Supplemental Authority in Support of Defendants' Bayer Corporation and Bayer Healthcare Opposition to Plaintiffs' Motion for Class Certification. (Attachments: # 1 Exhibit A, # 2 Proof of Service)(Weiss, Shirli) (cge).
October 13, 2011 Opinion or Order Filing 82 ORDER granting 81 Joint Motion to Continue. Motion Hearing set for 01/13/12 is vacated. Motion for Class Certification continued to 1/20/2012 01:30 PM in Courtroom 12 before Judge Anthony J. Battaglia. Signed by Judge Anthony J. Battaglia on 10/13/11. (cge) (jrl).
October 6, 2011 Filing 81 Joint MOTION to Continue Hearing of Plaintiffs' Motion for Class Certification by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Proof of Service)(Weiss, Shirli) (cge).
October 5, 2011 Filing 80 OBJECTIONS (Attachment 7 to docket entry 79 ) of Defendants to Portions of Declaration of Patricia Syverson and Memorandum of Point and Authorities in Support of Motion for Class Certification re 73 MOTION for class certification filed by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Declaration of Julie L. Hussey in Support of Objection, # 2 Proof of Service)(Weiss, Shirli)Document filed without leave of court, okay per chambers. Edited text to indicate document is Attachment 7 to docket entry 79 , per chambers, NEF regenerated on 10/06/11 (cge).
October 5, 2011 Filing 79 RESPONSE in Opposition re 73 MOTION for class certification filed by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Declaration of Kim Ackerman, # 2 Declaration of Jeffrey Blumberg, # 3 Declaration of Sean Nicholson, # 4 Declaration of Richard J. Semenik, # 5 Declaration of Shirli F. Weiss, # 6 Request for Judicial Notice, # 7 Proof of Service)(Weiss, Shirli) (cge).
September 16, 2011 Filing 78 CERTIFICATE OF SERVICE by Marc Bordman, David Johns of Subpoena (Syverson, Patricia) (cge).
August 18, 2011 Opinion or Order Filing 77 ORDER by Judge Anthony J. Battaglia: Court hereby withdraws the Order [Doc#74] and confirms the dates and deadlines as set forth in the scheduling order regulating discovery and other pretrial proceedings [Doc#60]. (ymm)
August 18, 2011 Filing 76 [FILED AS SEALED DOCUMENT ON 1/26/2012] - SEALED LODGED Proposed Document re: 75 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Syverson, Patricia)(leh). Modified on 1/27/2012 to add file date to lodgment(leh).
August 18, 2011 Filing 75 MOTION to File Documents Under Seal (With attachments)(Syverson, Patricia) (leh).
August 18, 2011 Opinion or Order Filing 74 ORDER BY JUDGE BATTAGLIA, Set Deadlines as to 73 MOTION for class certification. Oppositions due by 12/2/2011, Replies due by 12/16/2011. No sur-replies shall be filed without prior leave of Court. Motion Hearing set for 1/13/2012 at 1:30 PM in Courtroom 12 before Judge Anthony J. Battaglia.(sc)
August 17, 2011 Filing 73 MOTION for class certification by Marc Bordman, David Johns. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Exhibit 4, # 4 Exhibit 9, # 5 Exhibit 10, # 6 Exhibit 11, # 7 Exhibit 22, # 8 Exhibit 23, # 9 Exhibit 27, # 10 Exhibit 39, # 11 Exhibit 40, # 12 Exhibit 44, # 13 Exhibit 45, # 14 Exhibit 47, # 15 Exhibit 52, # 16 Exhibit 53, # 17 Exhibit 54, # 18 Exhibit 55, # 19 Exhibit 56)(Syverson, Patricia)(cge).
August 17, 2011 Filing 72 [FILED AS SEALED DOCUMENT ON 1/26/2012] - SEALED LODGED Proposed Document re: 70 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Syverson, Patricia)(leh). Modified on 1/27/2012 to add file date to lodgment(leh).
August 17, 2011 Filing 71 [FILED AS SEALED DOCUMENT ON 1/26/2012] - SEALED LODGED Proposed Document re: 70 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Syverson, Patricia)(leh). Modified on 1/27/2012 to add file date to lodgment (leh).
August 17, 2011 Filing 70 MOTION to File Documents Under Seal (With attachments)(Syverson, Patricia)(leh).
August 5, 2011 Opinion or Order Filing 69 ORDER granting in part and denying in part 62 Motion for Discovery. Defendant's Motion to Compel responses to Requests for Admission Nos. 2,3,4,5, and 6; Interrogatory Nos. 8,9,10, and 14; Requests for Production Nos. 9, 10, 11 and 23 are denied. Defendant's Motion to Compel further responses to Interrogatory 21 is granted. Signed by Magistrate Judge Louisa S Porter on 08/05/11.(cge) (jrl).
August 4, 2011 Filing 68 Minute Entry for proceedings held before Magistrate Judge Louisa S Porter: Discovery Hearing held on 8/4/2011. Order to follow.(CD POR:14:23-15:01). (Plaintiff Attorney Todd Carpenter). (Defendant Attorney Julie Hussey, Margaret Craig). (jjh)
August 3, 2011 Opinion or Order Filing 67 ORDER Confirming Dates. Status Conference held on 08/02/11. The Court confirms the dates set forth in the May 19, 2011 Modified Scheduling Order 60 . Signed by Magistrate Judge Louisa S Porter on 08/03/11.(cge) (jrl).
August 2, 2011 Filing 66 Minute Entry for proceedings held before Magistrate Judge Louisa S Porter: Telephonic Status Conference held on 8/2/2011. Order to follow. (9:30-9:45). (Plaintiff Attorney Timothy Blood, Kevin Hanger). (Defendant Attorney Julie Hussey, Amber Dodge). (jjh)
July 14, 2011 Opinion or Order Filing 65 ORDER Setting Oral Argument re 62 Motion for Discovery. Attorneys only Discovery Conference set for 8/4/2011 02:00 PM before Magistrate Judge Louisa S Porter. Signed by Magistrate Judge Louisa S Porter on 07/14/11. (cge) Modified text to correct hyperlink on 7/15/2011 (cge). (jrl).
July 14, 2011 Filing 64 AMENDED DECLARATION of Patricia Syverson in Support of Plaintiff's Memorandum of Points and Authories re 63 Response in Opposition to Motion by Marc Bordman, David Johns. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Proof of Service)(Syverson, Patricia) Modified entry to remove duplicate text on 7/15/2011 (cge).
July 11, 2011 Filing 63 RESPONSE in Opposition re 62 MOTION for Discovery and Defendants' Points and Authorities In Support Of Motion to Compel filed by Marc Bordman, David Johns. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Syverson, Patricia) (cge).
July 11, 2011 Filing 62 MOTION for Discovery and Defendants' Points and Authorities In Support Of Motion to Compel by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Declaration of Julie L. Hussey, # 2 Table of Contents, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Joint Conference Statement, # 10 Proof of Service)(Hussey, Julie) (cge).
July 8, 2011 Opinion or Order Filing 61 ORDER Scheduling Discovery Conference. Joint Discovery Conference Statement due 07/11/11. Discovery Conference set for 7/14/2011 02:00 PM before Magistrate Judge Louisa S Porter. No appearances are required at the Discovery Conference. Signed by Magistrate Judge Louisa S Porter on 07/08/11.(cge) (jrl).
May 19, 2011 Filing 60 Modified Scheduling Order Regulating Discovery. Case Management Conference held on 05/19/11. Mandatory Settlement Conference set for 8/23/2012 10:00 AM before Magistrate Judge Louisa S Porter. Proposed Pretrial Order due by 9/28/2012. Pretrial Conference set for 10/5/2012 01:30 PM before Judge Anthony J. Battaglia. Telephonic, attorneys-only Status Conference set for 8/2/2011 09:30 AM before Magistrate Judge Louisa S Porter. Signed by Magistrate Judge Louisa S Porter on 05/19/11.(cge) Modified text to indicate 'telephonic' status conference on 5/20/2011 (cge).(av1).
May 19, 2011 Filing 59 Minute Entry for proceedings held before Magistrate Judge Louisa S Porter: Telephonic Case Management Conference held on 5/19/2011. Order to follow. (9:30-10:00). (Plaintiff Attorney Timothy Blood, Thomas O'Reardon II, Patricia Syverson). (Defendant Attorney Julie Hussey, Shirli Weiss). (jjh)
April 20, 2011 Filing 58 Minute Order: Magistrate Judge Jan M. Adler recuses himself from this case and Magistrate Judge Louisa S Porter is now assigned to the case. The new case number is 09cv1935-AJB-POR (tel)
April 20, 2011 Filing 57 NOTICE of Appearance by Timothy Gordon Blood on behalf of Marc Bordman, David Johns (Blood, Timothy) (cge).
April 20, 2011 Filing 56 NOTICE of Appearance by Thomas Joseph O'Reardon, II on behalf of Marc Bordman, David Johns (O'Reardon, Thomas)(cge).
March 14, 2011 Opinion or Order Filing 55 ORDER Transferring Cases. Judge Anthony J. Battaglia added to the case. Judge Dana M. Sabraw is no longer assigned to case and Judge Anthony J. Battaglia is now assigned to the case. The new case number is 09CV1935-AJB-JMA. Signed by Judge Dana M. Sabraw on 3/14/11.(All non-registered users served via U.S. Mail Service)(lao) (jrl).
March 9, 2011 Opinion or Order Filing 54 Stipulated PROTECTIVE ORDER re 53 Joint Motion. Signed by Magistrate Judge Jan M. Adler on 3/9/11. (All non-registered users served via U.S. Mail Service)(lao) (jrl).
March 8, 2011 Filing 53 Joint MOTION for Protective Order Joint Motion for Entry of Stipulated Protective Order Regarding Confidential and Trade Secret Information by David Johns. (Attachments: # 1 Exhibit A)(Syverson, Patricia) proposed orders should be emailed directly to chambers (lao).
February 9, 2011 Filing 52 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 2/9/2011. (Plaintiff Attorney Patricia Syverson). (Defendant Attorneys Shirli Weiss, Julie Hussey). Case Management Conference set for 5/19/2011 09:30 AM before Magistrate Judge Jan M. Adler. Conference to be held telephonically; the Court will initiate the conference call. (cdc)
December 3, 2010 Filing 51 PRO HAC VICE APPOINTED: John A. Peca appearing for Plaintiffs Marc Bordman, David Johns. (All non-registered users served via U.S. Mail Service)(leh)
December 3, 2010 Filing 50 PRO HAC VICE APPOINTED: John R. Climaco appearing for Plaintiffs Marc Bordman, David Johns. (All non-registered users served via U.S. Mail Service)(leh)
December 1, 2010 Opinion or Order Filing 49 ORDER granting 48 Joint Motion to Protocol for the Production of Discoverable Documents and Electronically Stored Information. Signed by Magistrate Judge Jan M. Adler on 12/1/10. (lmt) (mam).
November 23, 2010 Filing 48 Joint MOTION and Stipulation to Protocol for the Production of Discoverable Documents and Electronically Stored Information by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Certificate of Service)(Hussey, Julie) Modified on 11/24/2010 to clarify text (lao).
November 9, 2010 Filing 47 NOTICE of Hearing: (Date correction). Motion Hearing set for 12/9/2011 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw. (jak)
November 8, 2010 Opinion or Order Filing 46 SCHEDULING ORDER: A Telephonic Case Management Conference was held on 11/8/2010. Plaintiffs shall file their Motion for Class Certification by August 17, 2011. Defendants shall file their Opposition by October 5, 2011. Plaintiffs' Reply memorandum is due by November 23, 2011. Motion hearing set for 12/11/2011 1:30 PM in courtroom 10 before Judge Dana M. Sabraw. (Telephonic Case Management Conference set for 2/9/2011 09:30 AM before Magistrate Judge Jan M. Adler. Mandatory Settlement Conference set for 8/23/2012 10:00 AM in chambers before Magistrate Judge Jan M. Adler. Final Pretrial Conference set for 10/5/2012 10:30 AM in Courtroom 10 before Judge Dana M. Sabraw. Jury Trial set for 11/5/2012 09:00 AM in Courtroom 10 before Judge Dana M. Sabraw. Memorandum of Contentions of Fact and Law due by 9/7/2012. Proposed Pretrial Order due by 9/28/2012.) Signed by Magistrate Judge Jan M. Adler on 11/8/10.(lao) (jrl).
November 8, 2010 Filing 45 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 11/8/2010. Court to issue written order. (Plaintiff Attorney Patricia Syverson). (Defendant Attorneys Shirli Weiss, Julie Hussey). (cdc)
October 27, 2010 Filing 44 Amendment to Proposed Discovery Schedule in Joint Fed.R.Civ.P.26(f) report filed as Supplemental Document by Bayer Corporation, Bayer Healthcare, LLC re 43 Report of Rule 26(f) Planning Meeting . (Weiss, Shirli) Modified on 10/28/2010 to clarify text (lao).
October 19, 2010 Filing 43 Joint Fed.R.Civ.P.26(f) REPORT. (Syverson, Patricia) Modified text on 10/20/2010 to reflect document title (lao).
September 27, 2010 Filing 42 Minute Entry by Magistrate Judge Jan M. Adler: Case Management Conference set for 11/5/10 rescheduled for 11/8/2010 09:30 AM before Magistrate Judge Jan M. Adler. Conference to be held telephonically; court will initiate the conference call. (cdc)
September 22, 2010 Opinion or Order Filing 41 ORDER following Early Neutral Evaluation Conference, setting Rule 26 compliance and Notice of Telephonic Case Management Conference. The Court convened an Early Neutral Evaluation Conference on 09/22/10. (Telephonic Case Management Conference set for 11/5/2010 09:00 AM before Magistrate Judge Jan M. Adler.) Signed by Magistrate Judge Jan M. Adler on 9/22/10.(lao) (jrl).
September 22, 2010 Filing 40 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Early Neutral Evaluation Conference held on 9/22/2010. (Plaintiff Attorney Todd Carpenter). (Defendant Attorneys Shirli Weiss, Julie Hussey). (cdc)
August 12, 2010 Opinion or Order Filing 39 NOTICE AND ORDER for Early Neutral Evaluation Conference. (Early Neutral Evaluation set for 9/22/2010 10:00 AM in chambers before Magistrate Judge Jan M. Adler.) Signed by Magistrate Judge Jan M. Adler on 8/11/10.(lao) (jrl).
August 10, 2010 Filing 38 ANSWER with Jury Demand to 22 Second Amended Class Action Complaint by Bayer Healthcare, LLC, Bayer Corporation. (Attachments: # 1 Proof of Service)(Weiss, Shirli) Modified on 8/10/2010 to clarify text (lao).
July 12, 2010 Opinion or Order Filing 37 ORDER granting 36 Joint Motion for Order to Extend of Time to file Response to Plaintiff David Johns' Second Amended Complaint. Response due 8/10/2010. Signed by Judge Dana M. Sabraw on 7/12/10. (All non-registered users served via U.S. Mail Service)(lao)(jrl).
July 2, 2010 Filing 36 Joint MOTION for Extension of Time to File Answer to Plaintiff David Johns' Second Amended Complaint by Bayer Corporation, Bayer Healthcare, LLC, Marc Bordman, David Johns. (Attachments: # 1 Proof of Service)(Hussey, Julie) (lao).
June 24, 2010 Opinion or Order Filing 35 ORDER: (1) Granting in part and Denying in part Defendant's Motion to Strike, and (2) Denying Defendants' Motion to Dismiss re 23 , 24 . Signed by Judge Dana M. Sabraw on 6/24/10. (All non-registered users served via U.S. Mail Service)(lao) (jrl).
June 11, 2010 Filing 34 NOTICE of Supplemental Authority in Support of Plaintiffs 27 Response in Opposition to Motion of Bayer Corporation and Bayer Healthcare, LLC, to Dismiss the Second Amended Class Action Complaint by David Johns (Attachments: # 1 Exhibit A)(Syverson, Patricia) Modified on 6/14/2010 to clarify text; supplemental documents require leave of Court (lao).
June 11, 2010 Filing 33 NOTICE of Withdrawal of Document by David Johns re 32 Notice (Syverson, Patricia) Modified on 6/14/2010 to clarify text (lao).
June 10, 2010 Filing 32 DOCUMENT WITHDRAW per entry 33 - NOTICE of Supplemental Authority In Support by David Johns re 26 Response in Opposition to Motion, (Attachments: # 1 Exhibit A)(Syverson, Patricia) Modified on 6/10/2010 to clarify text; emailed Attny re Exhibit A appears to be duplicate attachment (lao). Modified text on 6/14/2010 to reflect document withdrawn (lao).
May 18, 2010 Opinion or Order Filing 31 ORDER Re: Oral Argument. Pending before the Court is Defendant's motion to dismiss and motion to strike Plaintiffs' Second Amended Complaint. The motions are currently scheduled for hearing on Friday, May 21, 2010. The matter is suitable for submission without oral argument pursuant to Local Civil Rule 7.1(d)(1). Accordingly, no appearances are required at this time. Signed by Judge Dana M. Sabraw on 5/18/10.(All non-registered users served via U.S. Mail Service)(lao)(jrl).
May 14, 2010 Filing 30 REPLY to Response to Motion re 24 MOTION to Strike Portions of the Second Amended Class Action Complaint filed by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Proof of Service)(Weiss, Shirli). (jah).
May 14, 2010 Filing 29 REPLY to Response to Motion re 23 MOTION to Dismiss the Second Amended Class Action Complaint filed by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Proof of Service)(Weiss, Shirli). (jah).
May 7, 2010 Filing 28 DECLARATION of Patricia N. Syverson in Support of Plaintiffs' Memorandum of Law in Opposition to Motion to Strike Portions of Second Amended Class Action Complaint re 27 Response in Opposition to Motion, by Plaintiffs David Johns, Marc Bordman. (Syverson, Patricia) Modified on 5/10/2010 to reflect filers (lao).
May 7, 2010 Filing 27 RESPONSE in Opposition re 24 MOTION to Strike Portions of the Second Amended Class Action Complaint Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Strike Portions of Second Amended Class Action Complaint filed by Plaintiffs David Johns, Marc Bordman. (Syverson, Patricia) Modified on 5/10/2010 to reflect proper filers (lao).
May 7, 2010 Filing 26 RESPONSE in Opposition re 23 MOTION to Dismiss the Second Amended Class Action Complaint Plaintiffs' Memorandum of Points & Authorities in Opposition to Motion of Bayer Corp., & Bayer Healthcare to Dismiss The Second Amended Class Action Complaint filed by Plaintiffs David Johns, Marc Bordman. (Syverson, Patricia) Modified on 5/10/2010 to reflect filers (lao).
April 27, 2010 Filing 25 PRO HAC VICE APPOINTED: Frank E. Piscitelli, Jr appearing for Plaintiffs Marc Bordman, David Johns. (All non-registered users served via U.S. Mail Service)(mkz)
March 29, 2010 Filing 24 MOTION to Strike Portions of the Second Amended Class Action Complaint by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Memo of Points and Authorities ISO Motion to Strike Portions of the Second Amended Class Action Complaint, # 2 Proof of Service)(Weiss, Shirli) (knh).
March 29, 2010 Filing 23 MOTION to Dismiss the Second Amended Class Action Complaint by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Memo of Points and Authorities ISO Motion to Dismiss the Second Amended Class Action Complaint, # 2 Declaration of Julie L. Hussey in Support of Combined Judicial Notice in Support of Motions to Dismiss and to Strike Portions of Second Amended Class Action Complaint, # 3 Request for Judicial Notice ISO Motions to Dismiss and to Strike Portions of Second Amended Class Action Complaint, # 4 Exhibit A to Request for Judicial Notice ISO Motions to Dismiss and Strike Portions of Second Amended Class Action Complaint, # 5 Exhibit B to Request for Judicial Notice ISO Motions to Dismiss and Strike Portions of Second Amended Class Action Complaint, # 6 Exhibit C to Request for Judicial Notice ISO Motions to Dismiss and Strike Portions of Second Amended Class Action Complaint, # 7 Exhibit D to Request for Judicial Notice ISO Motions to Dismiss and Strike Portions of Second Amended Class Action Complaint, # 8 Proof of Service)(Weiss, Shirli) (knh).
March 11, 2010 Filing 22 Second AMENDED COMPLAINT with Jury Demand against Bayer Corporation, Bayer Healthcare, LLC, filed by David Johns and Marc Bordman.(Syverson, Patricia) Modified on 3/12/2010 add plaintiff (lao).
February 9, 2010 Opinion or Order Filing 21 ORDER: (1) Granting in Part and Denying in Part 14 Defendants' Motion to Strike, and (2) Granting 13 Defendants' Motion to Dismiss. Plaintiff may file a Second Amended Complaint within thirty (30) days of the date this order is electronically posted. Signed by Judge Dana M. Sabraw on 2/9/10. (lao) (av1).
February 1, 2010 Opinion or Order Filing 20 ORDER Re: Oral Argument. Pending before the Court is Defendant's motion to dismiss and motion to strike. The motions are currently scheduled for hearing on Friday, February 5, 2010. The matter is suitable for submission without oral argument pursuant to Local Civil Rule 7.1(d)(1). Accordingly, no appearances are required at this time. Signed by Judge Dana M. Sabraw on 2/1/10.(lao) (jrl).
January 19, 2010 Filing 19 NOTICE of Hearing: Motion Hearing re Motions 13 and 14 is hereby reset for 2/5/2010 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw. (jak)
December 4, 2009 Filing 18 REPLY to Response to Motion re 14 MOTION to Strike Portions of the First Amended Class Action Complaint filed by Bayer Corporation, Bayer Healthcare, LLC. (Hussey, Julie)(lao).
December 4, 2009 Filing 17 REPLY to Response to Motion re 13 MOTION to Dismiss the First Amended Class Action Complaint filed by Bayer Corporation, Bayer Healthcare, LLC. (Hussey, Julie) (lao).
November 20, 2009 Filing 16 RESPONSE in Opposition re 13 MOTION to Dismiss the First Amended Class Action Complaint Plaintiff's Memorandum of Points & Authorities in Opposition to Dismiss the First Amended Class Action Complaint filed by David Johns. (Syverson, Patricia) (lao).
November 20, 2009 Filing 15 RESPONSE in Opposition re 14 MOTION to Strike Portions of the First Amended Class Action Complaint Memorandum of Points & Authorities in Opposition to Bayer corporation & Bayer healthcare to Strike Portions of the first Amended Class Action Complaint filed by David Johns. (Syverson, Patricia) (lao).
October 30, 2009 Filing 14 MOTION to Strike Portions of the First Amended Class Action Complaint by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Memo of Points and Authorities ISO Motion to Strike, # 2 Proof of Service)(Weiss, Shirli) (lao).
October 30, 2009 Filing 13 MOTION to Dismiss the First Amended Class Action Complaint by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Memo of Points and Authorities ISO Motion to Dismiss, # 2 Declaration of Julie L. Hussey ISO Motion to Dismiss, # 3 Request for Judicial Notice ISO Motion to Dismiss, # 4 Notice of Party With Financial Interest, # 5 Proof of Service)(Weiss, Shirli) (lao).
October 20, 2009 Opinion or Order Filing 12 ORDER granting 11 Joint Motion for Extension of Time for Defendants' response to Amended Complaint and special briefing schedule for Defendants' motion(s) to dismiss and/or strike. Defendants response to Plaintiff's Amended Complaint due on or before 10/30/2009. Plaintiff's opposition brief in response to Defendants' motion(s) to dismiss and/or strike due on or before 11/20/09. Defendant's reply brief due or or before 12/04/09. Signed by Judge Dana M. Sabraw on 10/20/09. (jpp) (jrl).
October 20, 2009 Filing 11 Joint MOTION for Extension of Time to File Answer re 10 Amended Complaint and Special Briefing Schedule for Defendants' Motion(s) to Dismiss and/or Strike by Bayer Corporation, Bayer Healthcare, LLC. (Weiss, Shirli) multi-part motion (lao).
October 16, 2009 Filing 10 First AMENDED COMPLAINT with Jury Demand against Bayer Corporation, Bayer Healthcare, LLC, filed by David Johns. (Attachments: # 1 Exhibit, # 2 Exhibit)(Carpenter, Todd) Modified on 10/16/2009 to reflect first amended (lao).
September 29, 2009 Opinion or Order Filing 9 ORDER on Joint Motion for an Extension of Time for Defendants' Response to Complaint and Special Briefing Schedule for Defendants' Motion(s) to Dismiss and/or Strike re 8 . Plaintiff shall file and serve any opposition brief(s) in response to Defendants' motion(s) to dismiss and/or strike on or before November 11, 2009; and Defendants shall file and serve any reply brief(s) in support of their motion(s) to dismiss and/or strike on or before November 25, 2009. Signed by Judge Dana M. Sabraw on 9/29/09. (cap) (jrl).
September 28, 2009 Filing 8 Joint MOTION for Extension of Time to File Response to Complaint and Special Briefing Schedule for Defendants' Motion(s) to Dismiss and/or Strike by Bayer Corporation, Bayer Healthcare, LLC. (Attachments: # 1 Proof of Service)(Weiss, Shirli) Modified on 9/29/2009 to reflect Motion type (lao).
September 14, 2009 Filing 7 SUMMONS Returned Executed by David Johns. Bayer Corporation served on 9/8/2009, answer due 9/28/2009. (Carpenter, Todd) (lao).
September 14, 2009 Filing 6 SUMMONS Returned Executed by David Johns. Bayer Healthcare, LLC served on 9/8/2009, answer due 9/28/2009. (Carpenter, Todd) (lao).
September 14, 2009 Filing 5 DOCUMENT E-Filed in Error - AFFIDAVIT of Service for Summons and Complaint served on Bayer Corporation on 09/08/2009, filed by David Johns., SUMMONS Returned Executed by David Johns. David Johns served on 9/8/2009, answer due 9/28/2009. (Carpenter, Todd) Modified text on 9/15/2009 to reflect error; document re-filed see entry 7 (lao).
September 11, 2009 Filing 4 PRO HAC VICE APPOINTED: Andrew S Friedman appearing for Plaintiff David Johns (mkz)
September 11, 2009 Filing 3 PRO HAC VICE APPOINTED: Elaine A. Ryan appearing for Plaintiff David Johns (mkz)
September 3, 2009 Filing 2 Summons Issued as to Bayer Corporation, Bayer Healthcare, LLC. (lao)
September 3, 2009 Filing 1 COMPLAINT with Jury Demand against Bayer Corporation, Bayer Healthcare, LLC ( Filing fee $ 350 receipt number CAS004851.), filed by David Johns.(knh)(av1).

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Search for this case: Johns et al v. Bayer Corporation et al
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Plaintiff: David Johns
Represented By: Todd D. Carpenter
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Plaintiff: Marc Bordman
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Defendant: Bayer Corporation
Represented By: Shirli Fabbri Weiss
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Defendant: Bayer Healthcare, LLC
Represented By: Shirli Fabbri Weiss
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