Warner v. Amgen Inc., et al
| ELISSA E. WARNER, as Personal Representative of the Estate of Decedent Lucas Joseph Warner |
| NOVARTIS INSTITUTE FOR BIOMEDICAL RESEARCH, INC., AMGEN INC. and AMGEN USA INC. |
| 25-1268 |
| March 19, 2025 |
| U.S. Court of Appeals, First Circuit |
| Torts |
Docket Report
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| NINE (9) paper copies of appellees' brief [ # 6746371-2 ] submitted by Appellees Amgen Inc. and Amgen USA Inc.. [25-1268] (SRS) [Entered: 09/02/2025 09:03 AM] |
| DISCLOSURE statement filed by Appellees Amgen Inc. and Amgen USA Inc. Served on 08/25/2025. [25-1268] (NP) [Entered: 08/26/2025 11:37 AM] |
| APPELLEES' BRIEF filed by Appellees Amgen Inc. and Amgen USA Inc. Served on 08/25/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 09/02/2025 . Reply brief due 09/15/2025 for APPELLANT Elissa E. Warner. [25-1268] (NP) [Entered: 08/26/2025 11:35 AM] |
| BRIEF tendered by Appellees Amgen Inc. and Amgen USA Inc.. [25-1268] (JLE) [Entered: 08/25/2025 03:49 PM] |
ORDER directing Appellees Amgen Inc. and Amgen USA Inc. to file a conforming brief. Conforming Brief due 09/02/2025 . [25-1268] (GB) [Entered: 08/25/2025 01:41 PM]
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ORDER granting motion to amend caption filed by Appellees Amgen Inc. and Amgen USA Inc.. [25-1268] (GB) [Entered: 08/14/2025 03:35 PM]
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| BRIEF tendered by Appellees Amgen USA, Inc. and Amgen, Inc. [25-1268] (JLE) [Entered: 08/13/2025 04:12 PM] |
| MOTION to amend caption filed by Appellees Amgen USA, Inc. and Amgen, Inc. Served on 08/08/2025. [25-1268] (JLE) [Entered: 08/08/2025 02:55 PM] |
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ORDER entered. Upon consideration, the motion to withdraw Attorney Sophia K. Weaver as counsel for Appellant Elissa M. Warner is granted. Attorney Weaver is hereby withdrawn as counsel of record, and appellant will continue to be represented by the remaining counsel of record. [25-1268] (GB) [Entered: 08/04/2025 01:51 PM]
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ORDER entered. Upon consideration, the motion to withdraw Attorney Lauriane Williams as counsel for Appellant Elissa M. Warner is granted. Attorney Williams is hereby withdrawn as counsel of record, and appellant will continue to be represented by the remaining counsel of record. [25-1268] (GB) [Entered: 08/04/2025 10:29 AM]
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| RENEWED MOTION for Attorney Lauriane Williams to withdraw as counsel filed by Appellant Elissa M. Warner. Served on 07/23/2025. [25-1268] (ARO) [Entered: 07/23/2025 01:53 PM] |
| RENEWED MOTION for Attorney Sophia Weaver to withdraw as counsel filed by Appellant Elissa M. Warner. Served on 07/23/2025. [25-1268] (ARO) [Entered: 07/23/2025 01:55 PM] |
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ORDER entered. Upon consideration, Attorney Abbye R.K. Ognibene's motion to withdraw the appearance of Attorney Sophia Weaver is denied without prejudice to renewal. Any renewed motion must state the reason for the withdrawal and be filed by the attorney seeking to be withdrawn. See Fed. R. App. P. 27(a)(2) ("A motion must state with particularity the grounds for the motion, the relief sought, and the legal argument necessary to support it."). If the renewed motion cannot be filed by the withdrawing attorney, the motion should explain the reason. [25-1268] (GB) [Entered: 07/18/2025 05:49 PM]
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ORDER entered. Upon consideration, Attorney Abbye R.K. Ognibene's motion to withdraw the appearance of Attorney Lauriane Williams is denied without prejudice to renewal. Any renewed motion must state the reason for the withdrawal and be filed by the attorney seeking to be withdrawn. See Fed. R. App. P. 27(a)(2) ("A motion must state with particularity the grounds for the motion, the relief sought, and the legal argument necessary to support it."). If the renewed motion cannot be filed by the withdrawing attorney, the motion should explain the reason. [25-1268] (GB) [Entered: 07/18/2025 12:47 PM]
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| NOTICE of Withdrawal of Lauriane Williams filed by Appellant Elissa M. Warner. Served on 07/16/2025. [25-1268] (ARO) [Entered: 07/16/2025 01:30 PM] |
| NOTICE of Withdrawal of Appearance of Sophia Weaver filed by Appellant Elissa M. Warner. Served on 07/11/2025. [25-1268] (ARO) [Entered: 07/11/2025 10:22 AM] |
| FIVE (5) paper copies of appendix [ # 6733220-2 ] submitted by Appellant Elissa M. Warner. [25-1268] (SRS) [Entered: 07/10/2025 10:09 AM] |
| NINE (9) paper copies of appellant's brief [ # 6733213-2 ] submitted by Appellant Elissa M. Warner. [25-1268] (SRS) [Entered: 07/10/2025 10:05 AM] |
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ORDER granting motion to extend time to file brief filed by Appellees Amgen, Inc and Amgen USA, Inc.. Brief due 08/13/2025 for appellees Amgen USA, Inc. and Amgen, Inc. [25-1268] (GB) [Entered: 07/07/2025 06:04 PM]
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| MOTION to extend time to file brief filed by Appellees Amgen USA, Inc. and Amgen, Inc. Served on 07/07/2025. [25-1268] (JLE) [Entered: 07/07/2025 11:53 AM] |
| DISCLOSURE statement filed by Appellant Elissa M. Warner. Served on 06/30/2025. [25-1268] (NP) [Entered: 07/02/2025 04:56 PM] |
| APPENDIX filed by Appellant Elissa M. Warner. Served on 06/30/2025. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 07/09/2025 [25-1268] (NP) [Entered: 07/02/2025 04:57 PM] |
| APPELLANT'S BRIEF filed by Appellant Elissa M. Warner. Served on 06/30/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 07/09/2025 . Brief due 07/30/2025 for APPELLEES Amgen USA, Inc. and Amgen, Inc. [25-1268] (NP) [Entered: 07/02/2025 04:53 PM] |
| APPENDIX tendered by Appellant Elissa M. Warner. Served on 06/30/2025. [25-1268] (ARO) [Entered: 06/30/2025 02:49 PM] |
| BRIEF tendered by Appellant Elissa M. Warner. [25-1268] (ARO) [Entered: 06/30/2025 02:47 PM] |
| NOTICE of appearance on behalf of Appellant Elissa M. Warner filed by Attorney Abbye Rose Klamann Ognibene. Served on 06/30/2025. [25-1268] (ARO) [Entered: 06/30/2025 01:55 PM] |
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ORDER entered. Attorney Abbye R. K. Ognibene is directed to file an appearance form by July 7, 2025 . Appellant Elissa M. Warner is ordered to file a conforming brief and appendix by July 7, 2025 . The corrected brief and one copy of the corrected appendix must be served on all parties to the appeal, and the certificate(s) of service must be updated to include the new date of service. The due date for appellees' brief shall run from service of the corrected brief, in accordance with Fed. R. App. P. 31. [25-1268] (GB) [Entered: 06/30/2025 01:07 PM]
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ORDER entered. Appellees Amgen USA, Inc. and Amgen, Inc have filed a motion for extension of time to file a response brief. The motion is premature because Appellant Elissa M. Warner's brief and appendix have not yet been filed and accepted for filing, and the time period for filing appellees' brief has not yet begun to run. See Fed. R. App. P. 31(a)(1); 1st Cir. R. 31.0(a)(1). Accordingly, appellees' motion is denied without prejudice to renewal once appellant's brief is accepted for filing. [25-1268] (GB) [Entered: 06/26/2025 04:53 PM]
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| MOTION to extend time to file a brief filed by Appellees Amgen USA, Inc. and Amgen, Inc. Served on 06/26/2025. [25-1268] CLERK'S NOTE: Relief selection was incorrect. Correction made by clerk's office. No further action required. (JLE) [Entered: 06/26/2025 04:14 PM] |
| NOTICE of appearance on behalf of Appellees Amgen USA, Inc. and Amgen, Inc filed by Attorney Johannah Cassell-Walker. Served on 06/26/2025. [25-1268] (JC) [Entered: 06/26/2025 04:07 PM] |
| APPENDIX tendered by Appellant Elissa M. Warner. Served on 06/17/2025. [25-1268] (ARO) [Entered: 06/17/2025 06:24 PM] |
| BRIEF tendered by Appellant Elissa M. Warner. [25-1268] (ARO) [Entered: 06/17/2025 06:23 PM] |
| NOTICE of filing the following transcript in district court by Court Reporter Kristin Kelley: 07/30/2024, Motion to Dismiss Hearing. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [25-1268] (GB) [Entered: 05/08/2025 03:56 AM] |
| BRIEFING schedule set. Brief and Appendix due 06/17/2025 for appellant Elissa M. Warner. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. [25-1268] (GB) [Entered: 05/08/2025 03:56 AM] |
| NOTICE of appearance on behalf of Appellant Elissa M. Warner filed by Attorney Mark Vazquez. Served on 04/25/2025. [25-1268] (MTV) [Entered: 04/25/2025 03:47 PM] |
| NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: John Ferris Dow for Elissa M. Warner, Sophia Weaver for Elissa M. Warner, Lauriane Williams for Elissa M. Warner, Kyle E. Bjornlund for Novartis Institute for BioMedical Research, Inc., Robert E. Johnston for Novartis Institute for BioMedical Research, Inc. and Andrew Reissaus for Novartis Institute for BioMedical Research, Inc.. [25-1268] (GB) [Entered: 04/18/2025 03:56 AM] |
| NOTICE of appearance on behalf of Appellees Amgen USA, Inc. and Amgen, Inc filed by Attorney Lauren S. Colton. Served on 04/09/2025. [25-1268] (LSC) [Entered: 04/09/2025 03:18 PM] |
| TRANSCRIPT ordered: 07/30/2024, Motion to Dismiss Hearing. Transcript due 06/06/2025 from Court Reporter Kristin Kelley [25-1268] (GB) [Entered: 04/07/2025 01:25 PM] |
| NOTICE issued. After 04/17/2025, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: John Ferris Dow for Elissa M. Warner, Sophia Weaver for Elissa M. Warner, Lauriane Williams for Elissa M. Warner, Lauren S. Colton for Amgen, Inc and Amgen USA, Inc., Kyle E. Bjornlund for Novartis Institute for BioMedical Research, Inc., Robert E. Johnston for Novartis Institute for BioMedical Research, Inc. and Andrew Reissaus for Novartis Institute for BioMedical Research, Inc.. [25-1268] (GB) [Entered: 04/03/2025 03:08 AM] |
| NOTICE of appearance on behalf of Appellees Amgen, Inc and Amgen USA, Inc. filed by Attorney Jessica Lynn Ellsworth. Served on 03/31/2025. [25-1268] (JLE) [Entered: 03/31/2025 04:40 PM] |
| TRANSCRIPT report/order form filed by Appellant Elissa M. Warner indicating transcripts are being ordered. Served on 03/31/2025. [25-1268] (TMS) [Entered: 03/31/2025 01:14 PM] |
| NOTICE of appearance on behalf of Appellees Amgen USA, Inc. and Amgen, Inc filed by Attorney Maria R. Durant. Served on 03/28/2025. [25-1268] (MRD) [Entered: 03/28/2025 11:44 AM] |
| DOCKETING statement filed by Appellant Elissa M. Warner. Served on 03/26/2025. [25-1268] (TMS) [Entered: 03/26/2025 02:08 PM] |
| NOTICE of appearance on behalf of Appellant Elissa M. Warner filed by Attorney Thomas M. Sobol. Served on 03/25/2025. [25-1268] (TMS) [Entered: 03/25/2025 01:47 PM] |
| DOCKETING statement filed by Appellant Elissa M. Warner. Served on 03/25/2025. [25-1268] CLERK'S NOTE: The signature on the document does not match the name of the ECF filer under whose login and password the document was filed. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS, BY 03/27/2025. (TMS) [Entered: 03/25/2025 01:48 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #49) filed by Appellant Elissa M. Warner. Appearance form, Docketing Statement and Transcript Report/Order form due 04/02/2025 . [25-1268] (GB) [Entered: 03/19/2025 01:38 PM] |
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