In re: EpiPen (Epinephrine Injection, USP)
| ALL CONSUMER CLASS PLAINTIFFS |
| AB DATA |
| In re: EPIPEN (EPINEPHRINE INJECTION, USP) MARKETING, SALES PRACTICES AND ANTITRUST LITIGATION |
| DAN POOLE |
| ROSETTA SERRANO, SHANNON CLEMENTS, ANNETTE SUTORIK, LESLEY HUSTON, CHRIS RIPPY, LAUREN COALE, RAYMOND C. BUCHTA, III, LEE SELTZER, KIMBERLY DOLLANDER, DENYA ANDERSON, ERIN KORTE-LAMPARTER, JOY SHEPARD, ALENE MCDANIEL, LORRAINE WIGHT, TEIA AMELL, TODD BEAULIEU, HEATHER DESTEFANO, LAURA CHAPIN, SONYA NORTH, DAVID H. SMITH, JAE JONES, JOHN DODGE, AMIE VIALET DE MONTBEL, HEATHER RULAND, CASSANDRA BREDEK, ELIZABETH HUELSMAN, NIKITIA MARSHALL, STACEE SVITES, RACHEL FERNANDEZ, LINDA WAGNER, EILEEN MONTET, ANASTASIA JOHNSTON, CURT PALMER, ELIZABETH WILLIAMSON, MARK KOVARIK, MIRIAM CLARKE, MARIA GIURLAND, ROBERT MONTOYA, SUZANNE HARWOOD, DONNA WEMPLE, CASSANDRA COBB, CHRISTINA JAMES, LORI COLLINS, JENNIFER WALTON, WILLIAM DELPRINCIPE, VALERIE MOORE, MEREDITH KRIMMEL, CONNIE STAFFORD, FRANCIS MEYERS, KIMBERLY CORCORAN, AMBER RAINEY, CHRISTINA KOLLMEYER, LISA VOGEL, VISHAL AGGARWAL, ANGIE NORDSTRUM, CARLY BOWERSOCK, SANOFI-AVENTIS US, LLC, KENNETH EVANS, LOCAL 282 WELFARE TRUST FUND, DONNA ANNE DVORAK, MICHAEL GILL, APRIL SUMNER, LANDON IPSON and KENNETH STEINHAUSER |
| 26-3059 |
| April 1, 2026 |
| U.S. Court of Appeals, Tenth Circuit |
| Personal Injury - Product Liability |
Opinions
We have the following opinions for this case:
| Description |
|---|
| In re: EpiPen (Epinephrine Injection, USP) |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 8, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 47 [11315205] Attachment A to appellant's reply brief received from Dan Poole but not filed. [26-3059] [Entered: 09/08/2026 10:00 AM] |
| Filing 46 [11315090] Order filed by Clerk of the Court referring Appellant's Response to A.B. Data's Motion to Dismiss to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time) [ # 45 ]. Served on 09/08/2026. Text only entry - no attachment. [26-3059] [Entered: 09/08/2026 06:45 AM] |
| Filing 45 [11315075] Response filed by Dan Poole to AB Data Motion to Dismiss. Served on 09/07/2026. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-3059] DP [Entered: 09/07/2026 05:02 PM] |
| Filing 44 [11315074] Appellant/Petitioner's reply brief filed by Dan Poole. Served on 09/07/2026. Manner of Service: email. Word/page count: 1834. This pleading complies with all required privacy and virus certifications: Yes. [26-3059] DP [Entered: 09/07/2026 05:00 PM] |
| Filing 43 [11314098] Order filed by Clerk of the Court, granting Appellant's motion to extend time to file response to motion to dismiss until 9/11/2026. Served on 09/02/2026. Text only entry - no attachment. [26-3059] [Entered: 09/02/2026 03:47 PM] |
| Filing 42 [11313801] Motion filed by Appellant Dan Poole to extend time to file a response until 09/11/2026. Served on: 09/02/2026. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-3059] DP [Entered: 09/02/2026 10:02 AM] |
| Filing 41 [11312422] Minute order filed - Appellant's optional reply brief now due 09/18/2026 for Dan Poole. (Text Only - No Attachment) [26-3059] [Entered: 08/28/2026 12:26 PM] |
| Filing 40 [11311739] Minute order filed - the brief submitted by appellee is accepted for filing. The parties will be notified via separate docket entry if paper copies are required. (Text Only - No Attachment) [26-3059] [Entered: 08/26/2026 03:07 PM] |
| Filing 39 [11311574] Appellee brief filed by AB Data to Informal Pro Se Brief for the Movant-Appellant. Served on 08/26/2026. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes.--[Edited 08/28/2026 by SSB to correct pleading type and append exhibit attached to appellee's 8/25/2026 deficient brief to docket entry.] [26-3059] CD [Entered: 08/26/2026 11:18 AM] |
| Filing 38 [11311307] Notice of appellee's deficient brief received from AB Data. See attached letter for specifics. Corrected Appellee's brief now due 08/28/2026 for AB Data. [26-3059] [Entered: 08/25/2026 03:07 PM] |
| Filing 37 This entry has been removed from the docket. Corrected brief filed on 8/26/2026. Appended exhibit to corrected brief on 8/28/2026. [SSB] [11311189] Appellee/Respondent's brief filed by AB Data. Served on: 08/25/2026. Manner of service: email. Oral argument requested? No. Word/page count: 1533. This pleading complies with all required privacy and virus certifications: Yes. [26-3059] --[Edited 08/25/2026 by AT - Cited as deficient on 8/25/2026.] CD [Entered: 08/25/2026 12:18 PM] |
| Filing 36 [11309913] Order filed by Clerk of the Court referring Non-Party Appellee A.B. Data Ltd.'s motion to dismiss appeal [ # 34 ] and any response that may be filed to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). Any party wishing to file a response to this motion to dismiss must do so by 09/03/2026. Served on 08/20/2026. Text only entry - no attachment. [26-3059] [Entered: 08/20/2026 12:30 PM] |
| Filing 35 [11309876] Amended entry of appearance filed by Caleb Durling for AB Data. CERT. OF INTERESTED PARTIES: n. Served on 08/20/2026. Manner of Service: email. [26-3059] [Entered: 08/20/2026 11:04 AM] |
| Filing 34 [11309856] Motion filed by Appellee AB Data to dismiss A.B. Data Ltd. as a party. Served on: 08/20/2026. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-3059] CD [Entered: 08/20/2026 10:38 AM] |
| Filing 33 [11309815] Entry of appearance filed by Caleb Durling for AB Data. CERT. OF INTERESTED PARTIES: n. Served on 08/20/2026. Manner of Service: email [26-3059] [Entered: 08/20/2026 10:01 AM] |
| Filing 32 [11309741] Rule 26 Disclosure Statement filed by AB Data. More than 50 parties disclosed: no. Served on 08/20/2026. Manner of Service: email. [26-3059] CD [Entered: 08/20/2026 08:22 AM] |
| Filing 31 [11309737] Entry of appearance submitted by Caleb Durling for Appellee AB Data for court review. Certificate of Interested Parties: No. Served on 08/20/2026. Manner of Service: email. [26-3059] --[Edited 08/20/2026 by SLS to remove PDF from docket entry as the document has been filed.] CD [Entered: 08/20/2026 08:19 AM] |
| Filing 30 [11309550] Entry of appearance submitted by Caleb Durling for A.B. Data Ltd. for court review. Certificate of Interested Parties: No. Served on 08/19/2026. Manner of Service: email. [26-3059]--[Edited 08/20/2026 by EB to remove pdf filed on 08/19/2026] CD [Entered: 08/19/2026 02:12 PM] |
| Filing 29 [11305011] Order filed by Clerk of the Court referring Appellees' Reply in Support of Motion to Dismiss Non-Party Dan Poole's Appeal to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time) [ # 28 ]. Served on 08/04/2026. Text only entry - no attachment. [26-3059] [Entered: 08/04/2026 12:50 PM] |
| Filing 28 [11304740] Reply filed by Vishal Aggarwal, Teia Amell, Denya Anderson, Todd Beaulieu, Carly Bowersock, Cassandra Bredek, Raymond C. Buchta, III, Laura Chapin, Miriam Clarke, Shannon Clements, Lauren Coale, Cassandra Cobb, Lori Collins, Kimberly Corcoran, Amie Vialet De Montbel, William Delprincipe, Heather DeStefano, John Dodge, Kimberly Dollander, Donna Anne Dvorak, Kenneth Evans, Rachel Fernandez, Michael Gill, Maria Giurland, Suzanne Harwood, Elizabeth Huelsman, Lesley Huston, Landon Ipson, Ms. Christina James, Anastasia Johnston, Jae Jones, Christina Kollmeyer, Erin Korte-Lamparter, Mark Kovarik, Meredith Krimmel, Local 282 Welfare Trust Fund, Nikitia Marshall, Alene McDaniel, Francis Meyers, Eileen Montet, Mr. Robert Montoya, Valerie Moore, Angie Nordstrum, Sonya North, Curt Palmer, Amber Rainey, Chris Rippy, Heather Ruland, Lee Seltzer, Rosetta Serrano, Joy Shepard, David H. Smith, Connie Stafford, Kenneth Steinhauser, April Sumner, Annette Sutorik, Stacee Svites, Lisa Vogel, Linda Wagner, Jennifer Walton, Donna Wemple, Lorraine Wight and Elizabeth Williamson to Appellant Dan Poole's Response to Motion to Dismiss. Served on 08/03/2026. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-3059] RS [Entered: 08/03/2026 05:04 PM] |
| Filing 27 [11302410] Order filed by Clerk of the Court referring the appellees' motion to dismiss appeal [ # 24 ] and appellant's response [ # 26 ] to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). Appellees' response brief now due 08/26/2026 for Rosetta Serrano, et al. The intervenors-appellees may rest on their motion to dismiss in lieu of filing a response brief by filing a notice of their intent to do so by August 3, 2026. Fed. R. App. P. 31(c). Served on 07/27/2026. Text only entry - no attachment. [26-3059] [Entered: 07/27/2026 09:25 AM] |
| Filing 26 [11302305] Response filed by Dan Poole to to the Motion to Dismiss. Served on 07/26/2026. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-3059] DP [Entered: 07/26/2026 10:31 AM] |
| Filing 25 [11299521] Order filed by Clerk of the Court. Appellant shall file a response to appellees' motion to dismiss this appeal on or before 07/30/2026. Briefing on the merits is tolled pending further order of this court. See 10th Cir. R. 27.3(C). Served on 07/16/2026. Text only entry - no attachment. [26-3059] [Entered: 07/16/2026 03:46 PM] |
| Filing 24 [11299408] Motion filed by Class Plaintiffs - Appellees Vishal Aggarwal, et al. to dismiss case. Served on: 07/16/2026. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-3059] --[Edited 07/16/2026 by SLS to condense and clarify filers in docket text] RS [Entered: 07/16/2026 02:00 PM] |
| Filing 23 [11299231] Amended entry of appearance filed by Hammons P. Hepner, Mr. Ryan C. Hudson, Mr. Rex Sharp and Mr. W. Greg Wright for Mr. Robert Montoya, Ms. Christina James, et al. to amend representation of Class Plantiffs by excluding Sanofi-Aventis US, LLC. CERT. OF INTERESTED PARTIES: n. Served on 07/16/2026. Manner of Service: email [26-3059] [Entered: 07/16/2026 09:15 AM] |
| Filing 22 [11299185] Minute order filed - the brief submitted by appellant is accepted for filing. The parties will be notified via separate docket entry if paper copies are required. Appellees' brief now due 08/14/2026 for Rosetta Serrano, et al. (Text Only - No Attachment) [26-3059] [Entered: 07/16/2026 07:59 AM] |
| Filing 21 [11299158] Appellant/Petitioner's brief filed by Dan Poole. Served on 07/15/2026 by email. Oral argument requested? No. Word/page count: 6345. This pleading complies with all required privacy and virus certifications: Yes. [26-3059] DP [Entered: 07/15/2026 09:31 PM] |
| Filing 20 [11298995] Entry of appearance submitted by Rex A Sharp, William Gregory Wright, Ryan C. Hudson, Hammons P. Hepner for Appellees Vishal Aggarwal, Teia Amell, et al. for court review. Certificate of Interested Parties: No. Served on 07/15/2026. Manner of Service: email.--[Edited 07/16/2026 by SSB to condense docket text and remove pdf from docket; entry filed on 7/16/2026] [26-3059] RS [Entered: 07/15/2026 02:02 PM] |
| Filing 19 [11298965] Rule 26 Disclosure Statement filed by Local 282 Welfare Trust Fund. More than 50 parties disclosed: no. Served on 07/15/2026. Manner of Service: email. [26-3059] SAD [Entered: 07/15/2026 01:20 PM] |
| Filing 18 [11298932] Entry of appearance filed by Mr. Stuart Andrew Davidson for Elizabeth Williamson, Lorraine Wight, et al. in 26-3059. CERT. OF INTERESTED PARTIES: n. Served on 07/15/2026. Manner of Service: email --[Edited 07/16/2026 by SSB to condense docket text.] [26-3059] [Entered: 07/15/2026 12:27 PM] |
| Filing 17 [11298777] Entry of appearance submitted by Stuart A. Davidson for Appellees Vishal Aggarwal, Teia Amell, et al. for court review. Certificate of Interested Parties: No. Served on 07/15/2026. Manner of Service: email.--[Edited 07/15/2026 by SSB removed pdf from docket; entry filed on 7/15/2026]--[Edited 07/16/2026 by SSB to condense docket text.] [26-3059] SAD [Entered: 07/15/2026 09:05 AM] |
Filing 16
[11297691] Order filed by Judges Bacharach and Phillips granting the Class Plaintiffs' motion to intervene. Disclosure statement due on 07/17/2026 for Local 282 Welfare Trust Fund and Sanofi-Aventis US, LLC. Appellants opening brief remains due by 07/29/2026. Please see Order for additional information. Served on 07/10/2026. [26-3059] [Entered: 07/10/2026 02:06 PM]
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| Filing 15 [11296525] Order filed by Clerk of the Court granting Appellant's motion to extend time to file their opening brief until 07/29/2026 for Dan Poole. This order granting the extension of time only applies to appellants opening brief. The court has not filed Class Plaintiffs motion to dismiss the appeal at this time, so no response is currently due. Served on 07/08/2026. Text only entry - no attachment. [26-3059] [Entered: 07/08/2026 10:24 AM] |
| Filing 14 [11296497] Order filed by Clerk of the Court granting appellant's motion for permission to file electronically. Served on 07/08/2026. [26-3059] --[Edited 07/08/2026 by SLS to add written order.] [Entered: 07/08/2026 09:56 AM] |
| Filing 13 [11295708] Response filed by Dan Poole to motion to intervene and order [ # 8 ]. Served on 07/06/2026. Manner of Service: email. [26-3059] [Entered: 07/06/2026 12:25 PM] |
| Filing 12 [11295704] Appellant's motion filed by Dan Poole to extend time to file appellant's brief until 07/29/2026 or 21 days after the court rules on the motion to intervene. Served on 07/06/2026. Manner of Service: email. [26-3059] [Entered: 07/06/2026 12:20 PM] |
| Filing 11 [11295701] Entry of appearance filed by Dan Poole. CERT. OF INTERESTED PARTIES: n (already disclosed in case). Served on 07/06/2026. Manner of Service: email [26-3059] [Entered: 07/06/2026 12:17 PM] |
| Filing 10 [11295694] Appellant's motion filed by Dan Poole for permission to file electronically and consent to electronic service. Served on 07/06/2026. Manner of Service: email. [26-3059] [Entered: 07/06/2026 12:07 PM] |
| Filing 9 [11291501] Deficiency notice issued. Appellant's brief and notice of appearance due on 07/09/2026 for Dan Poole. [26-3059] [Entered: 06/18/2026 10:23 AM] |
| Filing 8 [11289889] Order filed by Clerk of the Court. Response to Class Palintiffs' motion to intervene due on or before 07/06/2026 for Dan Poole. Served on 06/12/2026. [26-3059] [Entered: 06/12/2026 11:15 AM] |
| Filing 7 [11289652] Motion submitted by Class Plaintiffs to intervene in the appeal with attached exhibit of proposed motion to dismiss Dan Poole as a party. Served on: 06/11/2026 Manner of service: email. --[Edited 07/08/2026 by SSB to have the docket text and entry reflect the pleadings submitted by Class Plaintiffs.] [26-3059] RS [Entered: 06/11/2026 12:45 PM] |
| Filing 6 [11287300] Entry of appearance filed by Hammons P. Hepner, Ryan C. Hudson, Rex Sharp and W. Greg Wright for All Consumer Class Plaintiffs. CERT. OF INTERESTED PARTIES: n. Served on 06/03/2026. Manner of Service: email [26-3059] [Entered: 06/03/2026 12:07 PM] |
| Filing 5 [11287255] Entry of appearance submitted by Rex A. Sharp, W. Greg Wright, Ryan C. Hudson, and Hammons P. Hepner for All consumer class plaintiffs for court review. Certificate of Interested Parties: No. Served on 06/03/2026. Manner of Service: email.--[Edited 06/03/2026 by MLB to remove pdf from docket; entry filed on 06/03/2026] [26-3059] RS [Entered: 06/03/2026 10:46 AM] |
| Filing 4 [11280254] Fee paid. Date paid in District Court on 05/07/2026. [26-3059] [Entered: 05/07/2026 03:34 PM] |
| Filing 3 [11278584] Record on appeal filed. Comments: One Volume containing pleadings. [26-3059] [Entered: 05/04/2026 09:49 AM] |
| Filing 2 [11278304] Jurisdictional review complete. Fee or ifp forms, notice of appearance and appellant's brief due on 06/10/2026 for Dan Poole. Record on appeal 10th circuit due 05/22/2026 [26-3059] [Entered: 05/01/2026 12:40 PM] |
| Filing 1 [11269135] Civil case docketed. Preliminary record filed. DATE RECEIVED: 03/31/2026. Notice of appearance and Fee or ifp forms due 05/01/2026 for Dan Poole. [26-3059] [Entered: 04/01/2026 10:24 AM] |
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