Davis et al v. Actavis, Inc. et al
| Douglas L Davis and Laura C. Davis |
| Actavis Inc, Actavis Pharma, Inc. and Actavis Laboratories UT, Inc. |
| 2:2023cv01099 |
| November 29, 2023 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Nicholas P Mizell |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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| Filing 182 CASE MANAGEMENT REPORT. (O'Brien, James) |
| Filing 181 JOINT NOTICE of a related action per Local Rule 1.07(c) by Actavis Inc, Actavis Laboratories UT, Inc., Actavis Pharma, Inc. Related case(s): Yes (Rima, Andrew) Modified on 1/9/2024 to edit text (ELM). |
| Filing 180 NOTICE of compliance re 177 Notice to Counsel of Local Rule by Actavis Inc, Actavis Laboratories UT, Inc., Actavis Pharma, Inc. (Bellido, Nelson) |
| Filing 179 CERTIFICATE of interested persons and corporate disclosure statement by Douglas L Davis, Laura C. Davis. (O'Brien, James) |
| Filing 178 NOTICE of compliance re 164 Notice to Counsel of Local Rule 2.01(c) by Douglas L Davis, Laura C. Davis (O'Brien, James) |
| ***PRO HAC VICE FEES PAID (Receipt Number 16464 for $150) by attorney James Griffin O'Brien, appearing on behalf of Laura C. Davis. Related document: #173 MOTION for James Griffin O'Brien to appear pro hac vice. (ABM) |
| Filing 177 NOTICE TO COUNSEL Nelson C. Bellido of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (JS) |
| Filing 176 CERTIFICATE of interested persons and corporate disclosure statement by Actavis Inc, Actavis Laboratories UT, Inc., Actavis Pharma, Inc. identifying Other Affiliate Teva Pharmaceutical Industries Ltd. for Actavis Laboratories UT, Inc., Actavis Pharma, Inc.; Other Affiliate AbbVie Inc for Actavis Inc. (Bellido, Nelson) |
Filing 175
ORDER granting #173 motion for special admission of attorney James Griffin O'Brien. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 12/20/2023. (TLP)
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| Filing 174 NOTICE TO COUNSEL James Griffin O'Brien Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - Pay the Special Admission Fee; The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (JK) |
| Filing 173 MOTION for James Griffin O'Brien to appear pro hac vice. (Attachments: #1 Exhibit) (e-portal) (JK) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text on 12/19/2023 (JK). |
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Filing 172
ORDER granting #166, #167, #168, #169, #170 motions for special admission of attorneys Marie C. Notter, Edward J. Dumoulin, Andrew J. Rima, Shayna S. Cook, and Michael J. Casner. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 12/18/2023. (TLP)
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| Filing 171 NOTICE of compliance re 164 Notice to Counsel of Local Rule by Actavis Inc, Actavis Laboratories UT, Inc., Actavis Pharma, Inc. (Bellido, Nelson) |
| Filing 170 Unopposed MOTION for Michael J. Casner to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21570983 for $150 by Actavis Inc, Actavis Laboratories UT, Inc., Actavis Pharma, Inc. (Bellido, Nelson) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 169 Unopposed MOTION for Shayna S. Cook to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21570982 for $150 by Actavis Inc, Actavis Laboratories UT, Inc., Actavis Pharma, Inc.(Bellido, Nelson) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 168 Unopposed MOTION for Andrew J. Rima to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21570981 for $150 by Actavis Inc, Actavis Laboratories UT, Inc., Actavis Pharma, Inc. (Bellido, Nelson) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 167 Unopposed MOTION for Edward J. Dumoulin to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21570980 for $150 by Actavis Inc, Actavis Laboratories UT, Inc., Actavis Pharma, Inc. (Bellido, Nelson) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 166 Unopposed MOTION for Marie C. Notter to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21570978 for $150 by Actavis Inc, Actavis Laboratories UT, Inc., Actavis Pharma, Inc. (Bellido, Nelson) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 165 NOTICE of Appearance by Nelson C. Bellido on behalf of Actavis Inc, Actavis Laboratories UT, Inc., Actavis Pharma, Inc. (Bellido, Nelson) |
| Filing 164 NOTICE TO COUNSEL Shayna Susanne Cook, Edward James Dumoulin, James Griffin O'Brien of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration through PACER. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (WRW) |
| Filing 163 NOTICE TO COUNSEL John R. Ipsaro Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (WRW) |
| Filing 162 CIVIL Action Order Signed by All Divisional Judges on 12/1/2023. (WRW) |
| Filing 161 TRANSFER IN from the Northern District of Illinois. Case assigned to District Judge Badalamenti and Magistrate Judge Mizell. New Case Number: 2:23-cv-1099-JLB-NPM. (SMG) |
| Filing 160 Case transferred in from District of Illinois Northern; Case Number 1:17-cv-03775. File received electronically |
| Filing 159 TRANSFERRED to the Middle District of Florida the electronic record. (rp, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 158 CASE MANAGEMENT ORDER NO. 197. Transfer order for all remaining cases. Signed by the Honorable Matthew F. Kennelly on 11/27/2023. Mailed notice (rp, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 157 MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw as attorney by Joseph P. Thomas, Jeffrey F. Peck, Kerry Carson Green, John I. Ipsaro, Jeffrey D. Geoppinger #154 is granted. The Clerk is directed to terminate Attorneys Jeffrey Francis Peck; Joseph P Thomas; Jeffrey Daniel Geoppinger and Kerry Carson Green from the docket. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| ***Civil Case Terminated. (jn, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 156 (corrected) RELEVANT ORDERS FROM MDL PROCEEDING, entered by the Honorable Matthew F. Kennelly on 11/26/2023: (This order corrects Docket Entry 155, which contained errors) (Attachments: #1 Supplement Protective Order (Amended), #2 Supplement Direct Filing Order, #3 Supplement Master Pleadings Order, #4 Supplement Deposition Protocol Order, #5 Supplement Order re Sequence of Bellwether Trial, #6 Supplement Order Appointing Settlement Master, #7 Supplement Docket Control Order for Future Cases, #8 Supplement Order re Application of CMO 126 to Future Cases, #9 Supplement Konrad/Mitchell MIL rulings, #10 Supplement Holtsclaw MIL rulings, #11 Supplement Nolte MIL rulings, #12 Supplement Myers MIL rulings, #13 Supplement Rowley MIL rulings, #14 Supplement Martin MIL rulings, #15 Supplement Martin trial time limits order)(Kennelly, Matthew) [Transferred from ilnd on 11/29/2023.] |
| Filing 155 RELEVANT ORDERS FROM MDL PROCEEDING, entered by the Honorable Matthew F. Kennelly on 11/26/2023. (Attachments: #1 Supplement Protective Order (Amended), #2 Supplement Direct Filing Order, #3 Supplement Master Pleadings Order, #4 Supplement Deposition Protocol Order, #5 Supplement Order re Sequence of Bellwether Trial, #6 Supplement Order Appointing Settlement Master, #7 Supplement Docket Control Order for Future Cases, #8 Supplement Application fo CMO 126 to Future Cases, #9 Supplement Konrad/Mitchell MIL rulings, #10 Supplement Holtsclaw MIL rulings, #11 Supplement Nolte MIL rulings, #12 Supplement Myers MIL rulings, #13 Supplement Rowley MIL rulings, #14 Supplement Martin MIL rulings, #15 Supplement Martin Time Limits Order) (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 154 MOTION by Attorney Joseph P. Thomas, Jeffrey F. Peck, Kerry Carson Green, John I. Ipsaro, Jeffrey D. Geoppinger to withdraw as attorney for Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc.. No party information provided (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 153 ATTORNEY Appearance for Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. by Edward James Dumoulin (Dumoulin, Edward) [Transferred from ilnd on 11/29/2023.] |
| Filing 152 ATTORNEY Appearance for Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. by Shayna Susanne Cook (Cook, Shayna) [Transferred from ilnd on 11/29/2023.] |
| Filing 151 ATTORNEY Appearance for Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. by Andrew J Rima (Rima, Andrew) [Transferred from ilnd on 11/29/2023.] |
| Filing 150 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to substitute #149 is granted. Laura Campana Davis as personal representative of the Estate of Douglas Lee Davis Jr. is substituted as the plaintiff in this case. The Clerk is directed to amend the caption and title of this case accordingly. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 149 MOTION by Plaintiff Laura C. Davis to substitute party Laura Campana Davis on behalf of The Estate of Douglas Lee Davis Jr. in place of Plaintiff Douglas L. Davis Jr. (Attachments: #1 Exhibit A - Order and Letters of Authority)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 148 MDL CASE MANAGEMENT ORDER NO. 196 (Order on Plaintiffs' motion to exclude expert testimony, Defendants' motion to exclude expert testimony, and Defendants' motion for summary judgment in Davis v. Actavis, Inc., Case No. 17 C 3775), signed by the Honorable Matthew F. Kennelly on 11/1/2023. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 147 SUGGESTION of Death as to Douglas L. Davis Jr. (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 146 REPLY by Plaintiffs Douglas L Davis, Laura C. Davis to motion for miscellaneous relief, #134 (Reply to Daubert Motion regarding Alan Z. Segal M.D.) (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 145 DECLARATION of Jeffrey D. Geoppinger regarding reply, #144 (in Support of Motion to Exclude the Testimony of Plaintiffs' Experts Hossein Ardehali, M.D. and Ronald Ziman, M..D.) (Attachments: #1 Exhibit A-Ajayi, et al. article, #2 Exhibit B-Medical Records from Lee Memorial Health System)(Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 144 REPLY by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. to motion for miscellaneous relief#128 (in Support of Motion to Exclude the Testimony of Plaintiffs' Experts Hossein Ardehali, M.D. and Ronald Ziman, M..D.) (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 143 RESPONSE by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. to Rule 56 statement#138 (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 142 REPLY by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. to memorandum in support of motion#132 (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 141 EXHIBIT by Plaintiffs Douglas L Davis, Laura C. Davis regarding memorandum in opposition to motion#140 (Attachments: #1 Supplement to Hossein Ardehali M.D.'s Expert Report, dated April 20, 2023, #2 Supplement to Hossein Ardehali M.D.'s Expert Report Regarding the Blood Pressure Study, dated April 4, 2023, #3 deposition of Hossein Ardehali M.D., #4 deposition of Ronald B. Ziman, M.D.)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 140 MEMORANDUM by Douglas L Davis, Laura C. Davis in Opposition to motion for miscellaneous relief#128 (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 139 SEALED EXHIBIT by Plaintiffs Douglas L Davis, Laura C. Davis regarding memorandum in opposition to motion#137 (Attachments: #1 Exhibit Defendants' Amended Responses to Plaintiffs' Interrogatories, Requests for Production, and Requests for Admission, #2 Exhibit Form 2253, dated August 11, 2015)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 138 RULE 56 LR 56.1 Statement by Douglas L Davis, Laura C. Davis regarding motion for summary judgment#131 (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 137 MEMORANDUM by Douglas L Davis, Laura C. Davis in Opposition to motion for summary judgment#131 (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 136 DECLARATION of Jeffrey D. Geoppinger regarding memorandum in opposition to motion, #135 to Plaintiffs' Motion to Exclude Certain Testimony of Alan Z. Segal, M.D. (Attachments: #1 Exhibit 1-1.13.2022 Report of Alan Z. Segal, M.D., #2 Exhibit 2-TOAST study, #3 Exhibit 3-10.14.2019 Report of Ronald B. Ziman, M.D., #4 Exhibit 4-5.15.2023 Report of Ronald B. Ziman, M.D., #5 Exhibit 5-Saver article, #6 Exhibit 6-Nedeltchev, et al. article, #7 Exhibit 7-Sturzenegger, et al. article, #8 Exhibit 8-Deposition excerpts of Ronald B. Ziman, M.D. taken on 5.19.2023, #9 Exhibit 9-Layton, et al. article, #10 Exhibit 10-Deposition excerpts of Doug Davis taken on 5.5.2021, #11 Exhibit 11-Androderm Package Insert, #12 Exhibit 12-Medical Records by Millennium Physicians Group, #13 Exhibit 13 -Deposition excerpts of Hossein Ardehali, M.D., Ph.D. taken on 5.24.2023)(Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 135 MEMORANDUM by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. in Opposition to motion for miscellaneous relief, #134 (Memorandum in Opposition to Plaintiffs' Motion to Exclude Certain Testimony of Alan Z. Segal, M.D.) (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 134 MOTION by Plaintiffs Douglas L Davis, Laura C. Davis to Exclude Certain Testimony of Actavis Expert Alan Z. Segal, M.D. under Rule 702 and Daubert (Attachments: #1 Declaration of James G. O'Brien, #2 Exhibit A - Segal Report, #3 Exhibit B - Adams article, #4 Exhibit C - Ay article, #5 Exhibit D - Douglas Davis Dep., #6 Exhibit E - Laura Davis Dep., #7 Exhibit F - Avey Med. Rec., #8 Exhibit G - Avey Dep.)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 133 RULE 56 Local Rule 56.1 Statement by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. regarding motion for summary judgment#131 (Attachments: #1 Exhibit A-Short Form Complaint, #2 Exhibit B-Excerpts from J. Frank Avey, M.D. deposition, #3 Exhibit C-Excerpts from Laura Davis deposition, #4 Exhibit D-2015 Package Insert, #5 Exhibit E-Feigal Declaration, #6 Exhibit F-Excerpts from Doug Davis deposition)(Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 132 MEMORANDUM by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. in support of motion for summary judgment#131 (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 131 MOTION by Defendants Actavis Pharma, Inc., Actavis, Inc., Actavis Laboratories UT, Inc. for summary judgment (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 130 DECLARATION of Jeffrey D. Geoppinger regarding memorandum in support of motion, #129, motion for miscellaneous relief#128 to Exclude the Testimony of Plaintiffs' Experts Hossein Ardehali, M.D. and Ronald Ziman, M.D. (Attachments: #1 Exhibit 1-October 12, 2019 Report of Hossein Ardehali, M.D., Ph.D., #2 Exhibit 2-January 31, 2018 Report of Hossein Ardehali, M.D., Ph.D., #3 Exhibit 3-April 24, 2018 Report of Ronald B. Ziman, M.D., #4 Exhibit 4-October 14, 2019 Report of Ronald B. Ziman, M.D., #5 Exhibit 5-May 15, 2023 Supplement Report of Ronald B. Ziman, M.D., #6 Exhibit 6-January 13, 2022 Report of Alan Z. Segal, M.D., #7 Exhibit 7-Excerpts of January 12, 2022 Report of Milton Packer, M.D., #8 Exhibit 8-Finkle, et al. Article, #9 Exhibit 9-Vigen, et al. Article, #10 Exhibit 10-Xu, et al. Article, #11 Exhibit 11-Anderson, et al. Article, #12 Exhibit 12-Shores, et al. Article, #13 Exhibit 13-Loo, et al. Article, #14 Exhibit 14-Layton, et al. Article, #15 Exhibit 15-Records produced by Florida Neurology, #16 Exhibit 16-Records produced by Cardiology Consultants of Southwest Florida, #17 Exhibit 17-Records produced by Millenium Physicians, #18 Exhibit 18-Records produced by J. Frank Avey, M.D., #19 Exhibit 19-Records produced by CVS Caremark, #20 Exhibit 20-Records produced by Lee Memorial Health System, #21 Exhibit 21-Excerpts from deposition of Laura Davis, #22 Exhibit 22-Excerpts from deposition of Hossein Ardehali, M.D., Ph.D., #23 Exhibit 23-Excerpts from deposition of Ronald B. Ziman, M..D.)(Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 129 MEMORANDUM by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. in support of motion for miscellaneous relief#128 to Exclude the Testimony of Plaintiffs' Experts Hossein Ardehali, M.D. and Ronald Ziman, M.D. (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 128 MOTION by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc.to Exclude the Testimony of Plaintiffs' Experts Hossein Ardehali, M.D., and Ronald Ziman, M.D. (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 127 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 6/12/2023. Defendants' joint motion for leave to file in excess of the page limits #123 is granted in part. The defendant's summary judgment memorandum can be up to 20 pages long. The plaintiff's response is to be no more than 20 pages; defendants' reply is limited to 15 pages. The Daubert motions can be a total of 30 pages. Any response to the Daubert motion is to be no more than 30 pages and the reply is limited to 15 pages. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 126 MINUTE entry before the Honorable Matthew F. Kennelly: Motion for extension of time #125 is granted; the deadline for filing dispositive and Daubert motions is extended to 6/15/2023. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 125 MOTION by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. for extension of time to file Motions for Summary Judgment and Daubert Motions (Joint Motion for a Three Day Extension of the Parties June 12, 2023 Deadline) (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 124 MINUTE entry before the Honorable Matthew F. Kennelly: The case is set for a telephonic hearing on 6/12/2023 at 9:05 AM to discuss the motion regarding page limits filed by the parties (the Court is unavailable this week). The following call-in number will be used: 888-684-8852, access code 746-1053. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 123 MOTION by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc.(Joint) Motion for Leave to File Motions for Summary Judgment and Daubert Motions in Excess of the Page Limits Prescribed by Local Rule 7.1 (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 122 MINUTE entry before the Honorable Matthew F. Kennelly: The unopposed motion to extend the expert deposition deadline to 5/24/2023 #121 is granted. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 121 MOTION by Plaintiffs Douglas L Davis, Laura C. Davis for extension of time to Complete Expert Depositions (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 120 STATUS Report (Joint Status Report) by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 119 MINUTE entry before the Honorable Matthew F. Kennelly: The Court sets the following schedule for further proceedings: 1.) The parties are to confer in good faith regarding further document/ESI production relating to the Traverse study and are to file a joint status report by 3/29/2023 a proposal to the Court or separate proposals if they cannot agree; 2.) Depositions of case-specific experts are to be completed by 5/15/2023; 3.) Summary judgment and Daubert motions are due 6/12/2023; responses are due 7/10/2023; replies are due 7/24/2023. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 118 MINUTE entry before the Honorable Matthew F. Kennelly: Video case management conference scheduled for March 15, 2023 at 1:30 p.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23146443613#. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 117 SUPPLEMENT to Response#114 to CMO 194 and Order to Show Cause on the Issue of Request for Remand (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 116 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court' instance, the video status hearing set for 1:00 p.m. on 3/15/2023 is pushed back to 1:30 p.m. on that date. This is a time change only. The Court will send out an updated video conference invitation. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 115 RESPONSE by Plaintiffs Douglas L Davis, Laura C. Davis to CMO 194 - Order to Show Cause Regarding Remand (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 114 RESPONSE by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. to Case Management Order No. 194 and Order to Show Cause (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 113 STATUS Report (Joint) (Redacted) by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 112 SEALED DOCUMENT by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. Status Report (Joint) (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 111 MINUTE entry before the Honorable Matthew F. Kennelly: A joint status report as previously ordered (see dkt. no. 3405 in Case No. 14 C 1748) remains due on 2/10/2023, but the status hearing in this matter set for 2/17/2023 is vacated and reset to 3/15/2023 at 1:00 PM and will be conducted in conjunction with the show cause hearing in MDL 2545 set at that date and time. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 110 NOTICE by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. of Filing of Verification Pursuant to CMO No. 190 (Attachments: #1 Exhibit A - Verification)(Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 109 MDL CASE MANAGEMENT ORDER NO. 190 (Order on plaintiffs' motion for sanctions in Davis v. Actavis, Case No. 17 C 3775), signed by the Honorable Matthew F. Kennelly on 12/31/2022. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 108 Submission by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. Pursuant to May 5, 2022 Minute Order (Redacted) (Attachments: #1 Appendix Attachment A)(Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 107 SEALED DOCUMENT by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. Submission Pursuant to May 5, 2022 Minute Order (Attachments: #1 Appendix Attachment A)(Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 106 SEALED DOCUMENT by Plaintiffs Douglas L Davis, Laura C. Davis Exhibit B - FDA Letter Requiring Safety Labeling Change (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 105 SUPPLEMENT to motion for sanctions, #97, telephone conference#104 (Attachments: #1 Declaration of James Griffin O'Brien, #2 Exhibit A - May 5, 2022 Hearing Transcript, #3 Exhibit C - Linked-In Search Results, #4 Exhibit D - Email re Search Terms and Agreed Terms List, #5 Exhibit E - Email Chain with MMOH Team, #6 Exhibit F - Email Chain re Non-Custodial Production)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 104 MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing held on 5/5/2022. Any supplemental submission is to be filed by 5/16/2022. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 103 MINUTE entry before the Honorable Matthew F. Kennelly: The telephonic motion hearing set for 8:30 AM on 5/5/2022 is converted to a video hearing to be held at that same time. The courtroom deputy clerk will sent out a video invitation in advance of the hearing. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 102 SEALED DOCUMENT by Plaintiffs Douglas L Davis, Laura C. Davis Reply, Exhibit F - Androderm ABPM Study Report (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 101 REPLY by Plaintiffs Douglas L Davis, Laura C. Davis to motion for sanctions, #97, response in opposition to motion, #99 (Attachments: #1 Declaration O'Brien Declaration II)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 100 SEALED DOCUMENT by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. Notice of Filing of Documents Under Seal (Attachments: #1 Exhibit 1 - Correspondence to FDA and Protocol, #2 Exhibit 2 - Correspondence from FDA)(Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 99 RESPONSE by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc.in Opposition to MOTION by Plaintiffs Douglas L Davis, Laura C. Davis for sanctions #97 (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - CMC Transcript 2-16-17)(Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 98 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. Plaintiffs' motion for sanctions #97 is taken under advisement. Response is to be filed by 4/14/2022; reply to response is to be filed by 4/21/2022. Telephonic motion hearing, unless deemed unnecessary by the Court, is set for 5/5/2022 at 8:30 AM, using call-in number 888-684-8852, access code 746-1053. The deadline for completing expert and non-duplicative fact discovery is extended to 6/15/2022 as requested. The Court will enter any further necessary liability expert rebuttal deadlines as needed once it rules on the motion for sanctions. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 97 MOTION by Plaintiffs Douglas L Davis, Laura C. Davis for sanctions (Attachments: #1 Declaration of James Griffin O'Brien, #2 Exhibit A - O'Brien Letter re Discovery Update, #3 Exhibit B - Email chain re: Davis Document Production, #4 Exhibit C - Plaintiffs' Discovery Requests, #5 Exhibit D - Actavis' Amended Discovery Responses, #6 Exhibit E - Email chain re: Davis Document Production)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 96 STATUS Report (Joint) by Douglas L Davis, Laura C. Davis (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 95 MINUTE entry before the Honorable Matthew F. Kennelly: In light of the settlement conference in this matter set for 1/24-25/2022, the telephonic status hearing set for 1/25/2022 is vacated. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 94 STATUS Report (Joint) by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 93 NOTICE by Kerry Carson Green of Change of Address (Green, Kerry) [Transferred from ilnd on 11/29/2023.] |
| Filing 92 NOTICE by John R Ipsaro of Change of Address (Ipsaro, John) [Transferred from ilnd on 11/29/2023.] |
| Filing 91 NOTICE by Jeffrey Daniel Geoppinger of Change of Address (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 90 MINUTE entry before the Honorable Matthew F. Kennelly: Based on the parties' joint status report, the telephonic status hearing set for 11/22/2021 is vacated and reset to 1/25/2022 at 8:45 a.m. The following call-in number will be used: 888-684-8852; conference code 746-1053. A further joint status report regarding the progress of discovery and expert disclosures is to be filed on 1/18/2022. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 89 STATUS Report (Joint) by Douglas L Davis, Laura C. Davis (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 88 MINUTE entry before the Honorable Matthew F. Kennelly: A joint status report regarding the progress of any fact discovery pursuant to paragraph 1 of CMO 188 is to be filed on 11/15/2021. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 87 MDL CASE MANAGEMENT ORDER NO. 188 (PRETRIAL SCHEDULE FOR DAVIS V. ACTAVIS, CASE NO. 17 C 3775), signed by the Honorable Matthew F. Kennelly on 9/26/2021. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 86 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 9/16/2021. The parties are to send Word versions of the proposed orders, as discussed on the record with the Court, to Judge Kennelly's proposed order email address. A joint status report is to be filed by 11/15/2021. A telephonic status hearing is set for 11/22/2021 at 8:45 a.m. The following call-in number will be used: 888-684-8852; conference code 746-1053. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 85 STATUS Report (Joint) by Douglas L Davis, Laura C. Davis (Attachments: #1 Exhibit A - Plaintiffs' Proposed Schedule, #2 Exhibit B - Defendants' Proposed Schedule)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 84 MINUTE entry before the Honorable Matthew F. Kennelly: Joint motion for extension of time #83 is granted; deadline for filing joint status report is extended to 9/13/2021. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 83 MOTION by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. for extension of time to file Joint Status Report (Joint Motion on Behalf of All Parties) (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 82 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/19/2021. Parties are directed to meet and confer regarding additional discovery under CMO 144 and file a joint status report by 9/9/2021. A telephonic status hearing is set for 9/16/2021 at 8:40 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 81 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for sanctions #63, which was filed jointly in this case and in Martin v. Actavis, Case No. 15-cv-4292, is terminated without prejudice as a pending motion in the present case. The Court anticipates dealing with the issues regarding the Cassarino deposition similarly to how it dealt with them in the Martin case, but this is an issue best left for a later stage, e.g., motions in limine. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 80 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 7/15/2021 is vacated and reset to 8/19/2021 at 8:45 AM. The following call-in number will be used for both hearings: 888-684-8852, access code 746-1053. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 79 MINUTE entry before the Honorable Matthew F. Kennelly: The ruling date of 6/9/2021 is vacated. The Court rules as follows on plaintiffs' motion to compel #71. (1) Starting with the second issue first, the Court directs defendants to provide a complete answer to plaintiff's request to "list every way in which Actavis Defendants informed prescribing physicians on or before August 14, 2015 about Androderm's risk or potential risk of major adverse cardiovascular events (MACE) such as myocardial infarction, stroke or cardiovascular death." Contrary to defendants' contention, the request is broad enough to cover defendants' communications with Epocrates and NIH, and the Court also notes that earlier discussion by the Court at a hearing in November 2020, quoted by plaintiffs, specifically contemplated production of this material, whose relevance plaintiff has sufficiently shown (without prejudice, of course, to an in limine request to exclude it at trial). Defendants must also produce documents covered by plaintiffs' requests for this information. (2) The Court also finds that plaintiffs' requests regarding the "post-marketing study" are within the scope of reopened discovery (regarding "causation") and are relevant. Defendants' contention that the study has not been completed and thus information relating to the study could not possibly be relevant is a non-sequitur. The requests seek relevant information within the proper scope of discovery under Rule 26 and the Court's orders, nor is the request overly broad or disproportionate. The ultimate admissibility of responsive information is a matter for later determination, and the Court does not rule out the possibility that some or all of it may be subject to exclusion under Federal Rule of Evidence 403 or otherwise, but the objections to plaintiffs' discovery requests relating to the post-marketing study are overruled. In summary, plaintiff's motion to compel is granted to the extent stated above, and Defendants are to comply within 14 days of this order. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 78 CASE MANAGEMENT ORDER 186 - ORDER AMENDING THE COMMON BENEFIT ORDER: Signed by the Honorable Matthew F. Kennelly on 6/2/2021. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 77 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 6/1/2021. A telephonic ruling on the motion to compel #71 is set for 6/9/2021 at 9:20 a.m. The following call in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 76 REPLY by Plaintiffs Douglas L Davis, Laura C. Davis to motion to compel, #71, memorandum in opposition to motion#75 (Attachments: #1 Exhibit F - FDA Updates Article)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 75 MEMORANDUM by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. in Opposition to motion to compel, #71 (Attachments: #1 Exhibit A - Deposition of J. Frank Avey, M.D.)(Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 74 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's unopposed motion to amend the common benefit order is granted. Plaintiff's counsel is directed to submit to Judge Kennelly's proposed order e-mail address a draft order consistent with this ruling for entry on the main MDL docket and in each of the six member cases. The draft order should be approved as to form by the PSC and counsel for the defendants named in the member cases. It may be a single draft order identifying all of the relevant member cases. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 73 SEALED DOCUMENT by Plaintiffs Douglas L Davis, Laura C. Davis (Declaration Supporting Motion to Amend Common Benefit Order) (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 72 MOTION by Plaintiffs Douglas L Davis, Laura C. Davis to amend/correct Common Benefit Order (Unopposed) (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 71 MOTION by Plaintiffs Douglas L Davis, Laura C. Davis to compel Discovery (Attachments: #1 Exhibit A - Plaintiffs' Discovery Requests, #2 Exhibit B - Actavis Defendants' Objections and Responses, #3 Exhibit C - Actavis Defendants' Letter re Discovery Disputes, #4 Exhibit D - FDA Letter re Label Changes and Post-Marketing Study, #5 Exhibit E - Transcript of 11/23/2020 Hearing)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 70 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 5/3/2021. Plaintiff's motion to compel is to be filed by 5/14/2021; defendant's response is due 5/25/2021. The plaintiff's reply, if any, is to be filed no later than 5/30/2021. A telephonic motion hearing is set for 6/1/2021 at 9:15 a.m. A telephonic status hearing is set for 7/15/2021 at 9:00 a.m. The following call-in number will be used for both hearings: 888-684-8852, access code 746-1053. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 69 MINUTE entry before the Honorable Matthew F. Kennelly: Defendants have moved to certify for interlocutory appeal under 28 USC 1292(b) the Court's November 4, 2020 order denying their motion for summary judgment. The Court denies the motion. It was not filed "within a reasonable time after the order sought to be appealed." Ahrenholz v. Bd. of Trs. of Univ. of Ill., 219 F.3d 674, 675 (7th Cir. 2000). Defendants did not file the motion until three months after the order was entered, and they did not offer in their motion any viable or plausible explanation for their delay. The motion was "inexcusably dilatory." Richardson Elecs., Ltd. v. Panache Broadcasting of Pa., 202 F.3d 957, 958 (7th Cir. 2000). Defendants' contention that they promptly advised that they intended to file a motion asking for an interlocutory appeal does not cure their undue delay in actually filing the motion; actions speak far louder than words. And the fact that they are not asking for a stay is of no consequence, because in reality the need to respond to an interlocutory appeal while completing the remainder of discovery and then dealing with a likely further motion for summary judgment would impose an unreasonable burden on plaintiff. There are other flaws in defendants' motion, but the Court need not address them because this one is more than sufficient to require its denial. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 68 REPLY by Plaintiffs Douglas L Davis, Laura C. Davis to motion for sanctions#63, memorandum in opposition to motion#67 (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 67 MEMORANDUM by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. in Opposition to motion for sanctions#63 (Attachments: #1 Exhibit A-Deposition of Luann Martin)(Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 66 REPLY by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. in Support of Motion for Interlocutory Appeal (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 65 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic ruling on the motion hearing held on 2/24/2021. Defendants have until 3/1/2021, to file a reply on the motion to certify interlocutory appeal #59. Defendant's response on the motion for sanctions is to be filed by 3/8/2021 #63. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
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Filing 64
TRANSCRIPT OF PROCEEDINGS held on January 28, 2021 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. |
| Filing 63 MOTION by Plaintiffs Douglas L Davis, Laura C. Davis for sanctions (Attachments: #1 Exhibit I - Christopher Cassarino Deposition Transcript)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 62 MEMORANDUM by Douglas L Davis, Laura C. Davis in Opposition to motion for order#59 (Attachments: #1 Exhibit A - Amicus Brief, #2 Exhibit B - California Decision)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 61 MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion to certify for interlocutory appeal #59 is to be filed by 2/22/2021. Ruling is set for 2/24/2021 at 8:55 AM, using call-in number 888-684-8852, conference code 746-1053. Counsel should wait for the case to be called before announcing themselves. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 60 DECLARATION of Jeffrey D. Geoppinger regarding other#59 Actavis Defendants Motion for Interlocutory Appeal (Attachments: #1 Exhibit 1 - Pharmacy records, #2 Exhibit 2 - Avey transcript excerpts, #3 Exhibit 3 - FDA letter 5/11/15, #4 Exhibit 4 - Androderm PI, #5 Exhibit 5 - FDA letter 2/9/15, #6 Exhibit 6 - FDA Safety Announcement)(Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 59 MOTION for Interlocutory Appeal by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. (Geoppinger, Jeffrey) Modified on 2/2/2021 (lma, ). [Transferred from ilnd on 11/29/2023.] |
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Filing 58
TRANSCRIPT OF PROCEEDINGS held on November 23, 2020 before the Honorable Matthew F. Kennelly. Order Number: 39640. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@ilnd.uscourts.gov. |
| Filing 57 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 1/28/2021. The parties reported on the status of discovery. A telephonic status hearing is set for 5/3/2021 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
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Filing 56
SCHEDULING ORDER (regarding Davis v. Actavis, Inc., No. 17-cv-3775), signed by the Honorable Matthew F. Kennelly on 11/24/2020. (mk) [Transferred from ilnd on 11/29/2023.]
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| Filing 55 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 11/23/2020. Counsel for Actavis is to send a revised version of the scheduling order in word format to Judge Kennelly's proposed order email address. A telephonic status hearing is set for 1/28/2021 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 54 STATUS Report (Joint) by Douglas L Davis, Laura C. Davis (Attachments: #1 Exhibit A - Plaintiffs' Proposed Schedule, #2 Exhibit B - Actavis Defendants' Proposed Schedule)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 53 MDL CASE MANAGEMENT ORDER NO. 179 (Memorandum Opinion and Order on Actavis, Inc.'s motion for summary judgment in Davis v. Actavis, Inc., Case No. 17 C 3775), signed by the Honorable Matthew F. Kennelly on 11/4/2020: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies Actavis's motion for summary judgment [dkt. no. 33]. The case is set for a telephone status hearing on November 23, 2020 at 9:30 a.m. to discuss further proceedings in this matter, using call-in number 888-684-8852, access code 746-1053. Counsel are directed to confer and are to file a joint status report on November 18, 2020 with an agreed-upon proposal for pretrial case management or, if they cannot agree, alternative proposals with a justification for each. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 52 RESPONSE by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. to Rule 56 statement,,, #44 (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 51 REPLY by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. to memorandum in opposition to motion#43 for summary judgment (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
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Filing 50
ORDER ON PLAINTIFFS' MOTION FOR DISCOVERY, signed by the Honorable Matthew F. Kennelly on 5/27/2020. (mk) [Transferred from ilnd on 11/29/2023.]
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| Filing 49 SEALED DOCUMENT by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. (Attachments: #1 Exhibit 1 - Deposition of Lynne Amato)(Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 48 SUR-REPLY by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. to reply#39 (Attachments: #1 Exhibit 1 (Deposition of Lynne Amato - Filed Under Seal))(Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 47 EXHIBIT by Plaintiffs Douglas L Davis, Laura C. Davis regarding memorandum in opposition to motion#43 (Attachments: #1 Exhibit 15 - Pages from 2015 PDR, #2 Exhibit 16 - Pages from 2016 PDR, #3 Exhibit 17 - Avey medical records, #4 Exhibit 18 - Douglas Davis Declaration, #5 Exhibit 19 - Laura Davis Declaration, #6 Exhibit 20 - Photos of exercise equipment, #7 Exhibit 21 - Photos of Androderm Box and Seven Unused Patches, #8 Exhibit 22 - Package Insert in Androderm Box, #9 Exhibit 23 - Photos of Five Unused Vials of Testosterone Cypionate, #10 Exhibit 24 - CVS Pharmacy Records, #11 Exhibit 25 - Lee Memorial Hospital Discharge Summary)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 46 SEALED EXHIBIT by Plaintiffs Douglas L Davis, Laura C. Davis , Exhibit 14 - Pluckhorn Email re Draft JCC talking points for WC acquisition and promotion regarding memorandum in opposition to motion#43 (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 45 EXHIBIT by Plaintiffs Douglas L Davis, Laura C. Davis regarding memorandum in opposition to motion#43 (Attachments: #1 Exhibit 11 - Joshua Sharlin Ph.D.: Androderm Regulatory Expert Report, #2 Exhibit 12 - James G. O'Brien Declaration, #3 Exhibit 13 - J. Frank Avey M.D. Deposition Transcript)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 44 RULE 56 56.1 Statement by Douglas L Davis, Laura C. Davis regarding motion for summary judgment#33 (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 1 - Hossein Ardehali M.D.: Androderm General Expert Report, #3 Exhibit 2 - Hossein Ardehali M.D.: Androderm Supplemental Expert Report, #4 Exhibit 3 - Ronald Ziman M.D.: TRT General Expert Report, #5 Exhibit 4 - Hossein Ardehali M.D.: Douglas Davis Case-Specific Expert Report, #6 Exhibit 5 - Ronald Ziman M.D.: Douglas Davis Case-Specific Expert Report, #7 Exhibit 6 - FDA Press Release re Investigating TRT Relationship to MACE, #8 Exhibit 7 - AdComm Summary of Minutes, #9 Exhibit 8 - FDA Press Release re Requirement to Add Warning to Label, #10 Exhibit 9 - Androderm Label Containing Cardiovascular Warning, #11 Exhibit 10 - Androderm NIH Label Archive Entries)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 43 MEMORANDUM by Douglas L Davis, Laura C. Davis in Opposition to motion for summary judgment#33 (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 42 MOTION by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. to strike Exhibits Filed with Plaintiffs' Reply in Support of Omnibus Discovery Motion (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 41 DECLARATION of James Griffin O'Brien regarding reply#39 (Attachments: #1 Exhibit R - Deposition of J. Frank Avey, M.D., #2 Exhibit S - Joshua Sharlin Ph.D. Expert Report, #3 Exhibit T - Deposition of Joshua Sharlin Ph.D.)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 40 SEALED DOCUMENT by Plaintiffs Douglas L Davis, Laura C. Davis (Attachments: #1 Exhibit G - Deposition of Eric Pluckhorn, #2 Exhibit H - June 2013 Email Chain, Exhibit 48 to Eric Pluckhorn's Deposition, #3 Exhibit I - Deposition of Venus Sanford Rosella, #4 Exhibit J - Dec. 2009 JCC Agenda, #5 Exhibit K - Sept. 2010 JCC Agenda, #6 Exhibit L - Sept. 2011 Email Chain, Exhibit 8 to Eric Pluckhorn's Deposition, #7 Exhibit M - Two Pages from a Dec. 2012 Prep WebEx, #8 Exhibit N - Q2 2013 POA Meeting Agenda, #9 Exhibit O - Four Pages From a "Go for Greatness" Sales Presentation, #10 Exhibit P - One Page From Another "Go for Greatness" Sales Presentation, #11 Exhibit Q - Feb. 2013 Email Chain re: Androderm PRC Submissions)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 39 REPLY by Plaintiffs Douglas L Davis, Laura C. Davis to motion for discovery, #30 (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 38 SEALED DOCUMENT by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 37 MEMORANDUM by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. in Opposition to motion for discovery, #30 (Attachments: #1 Exhibit 1-Declaration of Jeffrey Geoppinger, #2 Exhibit 2-Deposition of J. Frank Avey, M.D.)(Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 36 MINUTE entry before the Honorable Matthew F. Kennelly: The Court notes that defendants have filed their motion for summary judgment as anticipated and advises that the due date for plaintiffs' Rule 56(d) submission remains as-is (5/19/2020) and is not affected by General Order 20-0012 or any of the amended versions of that order. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 35 DECLARATION regarding motion for summary judgment#33 (Attachments: #1 Exhibit 1 - pharmacy records, #2 Exhibit 2 - Avey transcript excerpts, #3 Exhibit 3 - FDA letter 5/11/15, #4 Exhibit 4 - Androderm PI, #5 Exhibit 5 - FDA letter 2/9/15, #6 Exhibit 6 - FDA Safety Announcement)(Ipsaro, John) [Transferred from ilnd on 11/29/2023.] |
| Filing 34 MEMORANDUM by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. in support of motion for summary judgment#33 (Ipsaro, John) [Transferred from ilnd on 11/29/2023.] |
| Filing 33 MOTION by Defendants Actavis Pharma, Inc., Actavis, Inc., Actavis Laboratories UT, Inc. for summary judgment (Ipsaro, John) [Transferred from ilnd on 11/29/2023.] |
| Filing 32 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for discovery is taken under advisement. Response is to be filed by 5/5/2020. Reply to response is to be filed by 5/12/2020. These filing deadlines are not affected by General Order 20-0012, and they will not be affected by any similar general order entered hereafter. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 31 SEALED DOCUMENT by Plaintiffs Douglas L Davis, Laura C. Davis (Attachments: #1 Exhibit E - Email Chain Including Cassarino Email, #2 Exhibit F - WedgeWood Email Chain)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 30 MOTION by Plaintiffs Douglas L Davis, Laura C. Davis for discovery (Attachments: #1 Declaration of James G. O'Brien, #2 Exhibit A - June 14, 2018 Motion Hearing Transcript, #3 Exhibit B - February 17, 2020 Letter from Plaintiff's Counsel, #4 Exhibit C - Email Chain, #5 Exhibit D - Slip opinion issued in In re Nat'l Prescription Opiate Litig.)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
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Filing 29
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket11, ) [Transferred from ilnd on 11/29/2023.]
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| Filing 28 STATUS Report (Joint) by Douglas L Davis, Laura C. Davis (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
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Filing 27
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (pj, ) [Transferred from ilnd on 11/29/2023.]
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| Filing 26 MINUTE entry before the Honorable Matthew F. Kennelly: Based on the Court's entry of General Order 20-0012, the telephone status hearing set for 3/19/2020 is vacated. The parties are directed to file a joint status report by that date. This deadline will be unaffected by General Order 20-0012. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 25 MINUTE entry before the Honorable Matthew F. Kennelly: At the request of the parties, the telephone status hearing set for 3/17/2020 is vacated and reset to 3/19/2020 at 8:30 a.m. This hearing is consolidated into one telephonic status hearing with case 15 C 4292, Martin v. Actavis, Inc., et al. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 24 MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held with attorneys for both sides. Deposition of prescribing physician (Dr. Avey) is to be taken by 3/31/2020. Defendant's motion for summary judgment as described in the parties' status report is to be filed by 4/28/2020. Plaintiff's Rule 56(d) submission regarding the summary judgment motion is to be filed by 5/19/2020. A telephone status hearing, with a call-in number to be set up by counsel and communicated to the Court, is set for 3/17/2020 at 8:45 a.m. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 23 STATUS Report (Joint) by Douglas L Davis, Laura C. Davis (Attachments: #1 Exhibit A - Plaintiffs' Proposed Scheduling Order, #2 Exhibit B - Actavis Defendants' Proposed Scheduling Order)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 22 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 1/7/2020. A joint status report with a proposed discovery and pretrial schedule is due 1/21/2020. Telephone status hearing, to be initiated by the parties, is set for 1/28/2020 at 8:45 a.m. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 21 STATUS Report (Joint) by Douglas L Davis, Laura C. Davis (Attachments: #1 Exhibit A - Affidavit in Support of CMO 144 Submission, #2 Exhibit B - Supplement to CMO 144 Affidavit, #3 Exhibit C - Second Supplement to CMO 144 Affidavit)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 20 MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 11/26/2019 with attorneys for both sides. Plaintiff is given to 1/21/2020 to substitute an expert report for that of Dr. Pence. Status hearing is set for 1/7/2020 at 9:30 a.m. This will be in-person status hearing. Joint status report regarding CMO 144 compliance is to be filed by 1/3/2020. Mailed notice. (mma, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 19 STATUS Report (Joint) by Douglas L Davis, Laura C. Davis (Attachments: #1 Exhibit Plaintiffs' Affidavit in Support of their CMO 144 Submission, #2 Exhibit Plaintiffs' Supplement to their CMO 144 Submission)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 18 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, due to its unavailability on 11/13/2019, the telephone status hearing set for 11/13/2019 is reset to 11/26/2019 at 8:30 AM. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 17 ATTORNEY Appearance for Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. by John R Ipsaro (Ipsaro, John) [Transferred from ilnd on 11/29/2023.] |
| Filing 16 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for a 60 day deadline to complete the tasks described in MDL 2545 CMO 144, paragraph B.9 is granted; the deadline is 10/14/2019. The Actavis defendants' objection and request for issuance of a rule to show cause are overruled. The case is set for a telephone status hearing, to be initiated by counsel jointly calling chambers, on 11/13/2019 at 9:00 AM. (mk) [Transferred from ilnd on 11/29/2023.] |
| Filing 15 RESPONSE by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc.in Opposition to MOTION by Plaintiffs Douglas L Davis, Laura C. Davis to set a briefing schedule pursuant to CMO 144#13 and Request for Issuance of Order to Show Cause (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 14 NOTICE of Motion by James Griffin O'Brien for presentment of motion by filer to set a briefing schedule#13 before Honorable Matthew F. Kennelly on 8/29/2019 at 09:30 AM. (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 13 MOTION by Plaintiffs Douglas L Davis, Laura C. Davis to set a briefing schedule pursuant to CMO 144 (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 12 NOTICE by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. of Filing of Notice of Affirmative Defenses (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 11 ATTORNEY Appearance for Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. by Jeffrey Daniel Geoppinger (Geoppinger, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 10 Short Form ANSWER to Complaint with Jury Demand by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc.(Thomas, Joseph) [Transferred from ilnd on 11/29/2023.] |
| Filing 9 ATTORNEY Appearance for Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. by Joseph P Thomas (Thomas, Joseph) [Transferred from ilnd on 11/29/2023.] |
| Filing 8 ATTORNEY Appearance for Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. by Jeffrey Francis Peck (Peck, Jeffrey) [Transferred from ilnd on 11/29/2023.] |
| Filing 7 ATTORNEY Appearance for Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. by Kerry Carson Green (Green, Kerry) [Transferred from ilnd on 11/29/2023.] |
| Filing 6 WAIVER OF SERVICE returned executed by Douglas L Davis, Laura C. Davis. Actavis Laboratories UT, Inc. waiver sent on 6/6/2017, answer due 8/7/2017. (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 5 WAIVER OF SERVICE returned executed by Douglas L Davis, Laura C. Davis. Actavis, Inc. waiver sent on 6/6/2017, answer due 8/7/2017. (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 4 WAIVER of Service Executed by Douglas L Davis, Laura C. Davis as to Actavis Laboratories UT, Inc. on 6/6/2017, answer due 8/7/2017. (O'Brien, James) (Docket text modified by the Clerk Office) Modified on 7/13/2017 (mc, ). [Transferred from ilnd on 11/29/2023.] |
| Filing 3 WAIVER OF SERVICE returned executed by Douglas L Davis, Laura C. Davis. Actavis Pharma, Inc. waiver sent on 6/6/2017, answer due 8/7/2017. (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (rc, ) [Transferred from ilnd on 11/29/2023.] |
| SUMMONS Issued as to All Defendants identified in Paragraph 12 of the Master Short-Form Complaint (pg, ) [Transferred from ilnd on 11/29/2023.] |
| MEMBER CASE OPENED from Northern District of Illinois; ( 1:17-cv-03775 Davis et al v. Actavis, Inc. et al / Direct file in ILND). In re: Testosterone Replacement Therapy 14-1748 (MDL 2545 ) (ks, ) [Transferred from ilnd on 11/29/2023.] |
| Filing 2 ATTORNEY Appearance for Plaintiffs Douglas L Davis, Laura C. Davis by James Griffin O'Brien (O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
| Filing 1 COMPLAINT filed by Douglas L Davis, Laura C. Davis; Jury Demand. Filing fee $ 400, receipt number 0752-13195804. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(O'Brien, James) [Transferred from ilnd on 11/29/2023.] |
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