McGee v. Novartis Pharmaceuticals Corporation
| Normalee McGee |
| Novartis Pharmaceuticals Corporation |
| 1:2022cv00024 |
| January 5, 2022 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Raymond P Moore |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 t - Diversity: Torts |
| Plaintiff |
Docket Report
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Filing 28
ORDER granting #26 Motion to Strike #25 Amended Complaint. The parties stipulated to a one-week extension of time, to and including, March 1, 2022, for Plaintiff to respond to Defendants Motion to Dismiss. This stipulation does not mention any extension of Plaintiff's time to file an amended pleading as a matter of course, and will not be treated as though it contains such an agreement. To amend as a matter of course, Plaintiff was required to submit her pleading on or before the 22nd of February. Instead, it was untimely filed on the 25th. It is, therefore, STRICKEN. Plaintiff may file a Motion to Amend her Complaint that is compliant with the Federal and Local Rules of Civil Procedure. With respect to that filing, the Court makes some observations. It is this Court's position that opposing a Motion to Amend based on futility is premature and inefficient. The denial of a Motion to Amend is a dispositive issue that this Court may only recommend to the presiding judge; if, after objections, the amendment is allowed by the presiding judge then the issue is likely to arise a second time on a motion to dismiss. Removing one step and allowing amendment now, to possibly be addressed in a Rule 12(b)(6) motion later, satisfies Fed. R. Civ. P. 1. See White River Vill., LLP v. Fid. & Deposit Co. of Maryland, No. 08-cv-00248-REB-MEH, 2013 WL 6168853, at *4 (D. Colo. Nov. 25, 2013). The Court further observes that a Defendant's arguments regarding dismissal may be more fully presented and create a better record in the context of a motion to dismiss, if any. The parties should consider the foregoing in conferring and determining how best to proceed.SO ORDERED by Magistrate Judge S. Kato Crews on 3/3/2022. Text Only Entry (skclc1)
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| Filing 27 MEMORANDUM regarding #26 MOTION to Strike #25 Amended Complaint filed by Novartis Pharmaceuticals Corporation. Motion referred to Magistrate Judge S. Kato Crews. By Judge Raymond P. Moore on 3/3/2022. (Text Only Entry) (rmsec ) |
| Filing 26 MOTION to Strike #25 Amended Complaint by Defendant Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit Exhibit A - Nguyen article published July 2020, #2 Exhibit Exhibit B - Nguyen article electronic version January 17, 2020)(Cipoletti, Terry) |
| Filing 25 STRICKEN AMENDED COMPLAINT against Novartis Pharmaceuticals Corporation, filed by Normalee McGee.(Hauer, Stacy) Modified pursuant 28 on 3/3/2022 (csarr, ). |
| Filing 24 STIPULATION for Extension of Time For Plaintiff to Respond to Defendant's Motion to Dismiss the Complaint by Plaintiff Normalee McGee. (Hauer, Stacy) |
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Filing 23
ORDER granting #21 Motion to Stay. Discovery shall be stayed pending the resolution of the Motion to Dismiss. By Magistrate Judge S. Kato Crews on 2/17/2022. Text Only Entry (skclc1)
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| Filing 22 MEMORANDUM regarding #21 Unopposed MOTION to Stay Discovery filed by Novartis Pharmaceuticals Corporation. Motion referred to Magistrate Judge S. Kato Crews. By Judge Raymond P. Moore on 2/14/2022. (Text Only Entry) (rmsec ) |
| Filing 21 Unopposed MOTION to Stay Discovery by Defendant Novartis Pharmaceuticals Corporation. (Cipoletti, Terry) |
| Filing 20 NOTICE of Entry of Appearance by Carter F. Thurman on behalf of Novartis Pharmaceuticals CorporationAttorney Carter F. Thurman added to party Novartis Pharmaceuticals Corporation(pty:dft) (Thurman, Carter) |
| Filing 19 NOTICE of Entry of Appearance by Matthew J. Malinowski on behalf of Novartis Pharmaceuticals CorporationAttorney Matthew J. Malinowski added to party Novartis Pharmaceuticals Corporation(pty:dft) (Malinowski, Matthew) |
| Filing 18 NOTICE of Entry of Appearance by Robert E. Johnston on behalf of Novartis Pharmaceuticals CorporationAttorney Robert E. Johnston added to party Novartis Pharmaceuticals Corporation(pty:dft) (Johnston, Robert) |
| Filing 17 NOTICE of Entry of Appearance by Kathryn Sacco Jensen on behalf of Novartis Pharmaceuticals CorporationAttorney Kathryn Sacco Jensen added to party Novartis Pharmaceuticals Corporation(pty:dft) (Jensen, Kathryn) |
| Filing 16 MEMORANDUM regarding #9 Unopposed MOTION for Leave to Set Oral Argument in Support of Its Motion to Dismiss the Complaint filed by Novartis Pharmaceuticals Corporation, #8 Unopposed MOTION for Review Requesting Judicial Notice in Support of Its Motion to Dismiss the Complaint filed by Novartis Pharmaceuticals Corporation, #7 MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Novartis Pharmaceuticals Corporation. Motions referred to Magistrate Judge S. Kato Crews. By Judge Raymond P. Moore on 2/3/2022. (Text Only Entry) (rmsec ) |
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Filing 15
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 2/3/2022. (Text Only Entry) (rmsec )
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Filing 14
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 2/3/2022. (Text Only Entry) (rmsec )
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| Filing 13 MEMORANDUM RETURNING CASE by Senior Judge Lewis T. Babcock on 2/3/2022. This case is randomly reassigned to Judge Raymond P. Moore and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 22-cv-00024-RM. (trvo, ) |
| Filing 12 NOTICE of Entry of Appearance by Stacy Kathryn Hauer on behalf of Normalee McGeeAttorney Stacy Kathryn Hauer added to party Normalee McGee(pty:pla) (Hauer, Stacy) |
| Filing 11 CASE REASSIGNED pursuant to #10 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 22-cv-00024-LTB. (Text Only Entry) (csarr, ) |
| Filing 10 CONSENT to Jurisdiction of Magistrate Judge by Defendant Novartis Pharmaceuticals Corporation All parties do not consent.. (Cipoletti, Terry) |
| Filing 9 Unopposed MOTION for Leave to Set Oral Argument in Support of Its Motion to Dismiss the Complaint by Defendant Novartis Pharmaceuticals Corporation. (Cipoletti, Terry) |
| Filing 8 Unopposed MOTION for Review Requesting Judicial Notice in Support of Its Motion to Dismiss the Complaint by Defendant Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit Exhibit A - Drug Label for Beovu (October 2019), #2 Exhibit Exhibit B - Approval Package for Beovu (June 9, 2020), #3 Exhibit Exhibit C - Drug Label for Beovu (June 2020), #4 Exhibit Exhibit D Q and A on FAERS)(Cipoletti, Terry) |
| Filing 7 MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) by Defendant Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit Exhibit A Drug Label for Beovu (October 2019), #2 Exhibit Exhibit B Approval Package for Beovu (June 9, 2020), #3 Exhibit Exhibit C Drug Label for Beovu (June 2020), #4 Exhibit Exhibit D Q and A on FAERS)(Cipoletti, Terry) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Novartis Finance Corporation, Corporate Parent Novartis Holding AG, Corporate Parent Novartis Corporation, Corporate Parent Novartis AG for Novartis Pharmaceuticals Corporation. (Cipoletti, Terry) |
| Filing 5 NOTICE of Entry of Appearance by Terry Cipoletti on behalf of Novartis Pharmaceuticals CorporationAttorney Terry Cipoletti added to party Novartis Pharmaceuticals Corporation(pty:dft) (Cipoletti, Terry) |
| Filing 4 NOTICE of Entry of Appearance by Laura M. Wassmuth on behalf of Novartis Pharmaceuticals CorporationAttorney Laura M. Wassmuth added to party Novartis Pharmaceuticals Corporation(pty:dft) (Wassmuth, Laura) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (jtorr, ) |
| Filing 2 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (jtorr, ) |
| Filing 1 COMPLAINT against Novartis Pharmaceuticals Corporation (Filing fee $ 402,Receipt Number ACODC-8252889)Attorney Adam John Kress added to party Normalee McGee(pty:pla), filed by Normalee McGee. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Kress, Adam) |
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