Guenther et al v. Novartis Pharmaceutical Corporation
Plaintiff: Nancy Guenther and Donald Guenther
Defendant: Novartis Pharmaceutical Corporation
Case Number: 6:2008cv00456
Filed: March 28, 2008
Court: US District Court for the Middle District of Florida
Office: Orlando Office
County: Orange
Presiding Judge: David A Baker
Referring Judge: Gregory A Presnell
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on August 4, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 4, 2015 Filing 324 CLERK'S THIRTY-DAY NOTICE to the parties of destruction of exhibits and/or exhibit substitutes. Copies mailed. (LAM)
February 26, 2015 Filing 323 DISMISSAL ORDER of USCA as to #317 Notice of appeal filed by Novartis Pharmaceutical Corporation, #319 Notice of cross appeal filed by Donald Guenther, Nancy Guenther. EOD: 2/26/15; USCA number: 14-11285. (LAK)
June 23, 2014 ACKNOWLEDGMENT by USCA of receiving Trial Exhibits (2 binders & 3 accordion folders) on 6/17/2014 re #317 Notice of appeal, #319 Notice of cross appeal. USCA number: 14-11285. (MAL)
June 12, 2014 TRANSMITTAL to USCA forwarding Trial Exhibits consisting of: 2 Binders & 3 Accordion Folders re #317 Notice of appeal, #319 Notice of cross appeal USCA number: 14-11285. (IGC)
April 7, 2014 Filing 322 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #317 Notice of appeal, #319 Notice of cross appeal. The following documents will be forwarded in paper format upon the request for the record on appeal by the USCA in addition to the electronic record: ALL TRIAL EXHIBITS. USCA number: 14-11285. (LAK)
April 4, 2014 Filing 321 TRANSCRIPT information form filed by Novartis Pharmaceutical Corporation re #317 Notice of appeal. USCA number: 14-11285. (Calhoun, Martin)
April 4, 2014 USCA appeal fees received $505 receipt number ORL033078 re #319 Notice of cross appeal filed by Donald Guenther, Nancy Guenther (JET)
March 31, 2014 Filing 320 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #319 Notice of cross appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (JET)
March 28, 2014 Filing 319 NOTICE OF CROSS APPEAL of #315 Order and #100 Order by Donald Guenther, Nancy Guenther. Filing fee paid on 4/4/14. (Rasco, Ramon) Modified on 4/4/2014 (JET). Modified on 4/7/2014 (LAK).
March 26, 2014 USCA appeal fees received $ 505 receipt number ORL-32710 re #317 Notice of appeal filed by Novartis Pharmaceutical Corporation (MAL)
March 24, 2014 Filing 318 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #317 Notice of appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (JET)
March 21, 2014 Filing 317 NOTICE OF APPEAL as to #312 Order on Motion for Judgment NOV, #316 Judgment by Novartis Pharmaceutical Corporation. Filing fee paid on 3/26/14. (Fowler, Donald) Modified on 3/27/2014 (JET).
February 27, 2014 Filing 316 AMENDED FINAL JUDGMENT in favor of Nancy Guenther against Novartis Pharmaceutical Corporation (Signed by Deputy Clerk) (IGC)
February 27, 2014 Opinion or Order Filing 315 ORDER re #314 Notice (Other) filed by Donald Guenther, Nancy Guenther, that the Clerk shall enter an amended final judgment for Nancy Guenther and against Novartis in the amount of $1,011,899.26, and thereafter close the file. The Court reserves jurisdiction to enter a cost judgment post-appeal pursuant to the Order at Doc. #313 Order on Motion for Miscellaneous Relief. Signed by Judge Gregory A. Presnell on 2/27/2014. (TKW)
February 21, 2014 Filing 314 NOTICE of Acceptance of Remittitur by Donald Guenther, Nancy Guenther (Beins, John) Modified on 2/24/2014 (IGC).
February 20, 2014 Opinion or Order Filing 313 ORDER granting in part #307 Motion to review taxation of costs. Signed by Judge Gregory A. Presnell on 2/20/2014. (TKW)
February 20, 2014 Opinion or Order Filing 312 ORDER granting in part and denying in part #305 Motion for Judgment NOV. Signed by Judge Gregory A. Presnell on 2/20/2014. (ED)
January 31, 2014 Filing 311 REPLY to #308 Response to Motion re #305 MOTION for judgment NOV (notwithstanding the verdict) or, in the Alternative, Rule 59 Motion for a New Trial or Amended Judgment filed by Novartis Pharmaceutical Corporation. (Fowler, Donald) Modified on 2/3/2014 (JET).
January 22, 2014 Opinion or Order Filing 310 ENDORSED ORDER granting #309 Motion for Leave to File. Reply of ten pages or fewer due on or before January 31, 2014. Signed by Judge Gregory A. Presnell on 1/22/2014. (ED)
January 22, 2014 Set/reset deadlines as to #305 MOTION for judgment NOV (notwithstanding the verdict) or, in the Alternative, Rule 59 Motion for a New Trial or Amended Judgment with Supporting Memorandum of Law. Replies to Response #308 due by 1/31/2014. (JET)
January 21, 2014 Filing 309 Consent MOTION for leave to file Reply re #308 Response in Opposition, and in Support of #305 Motion for Judgment by Novartis Pharmaceutical Corporation. (Fowler, Donald) Modified on 1/22/2014 (JET).
January 17, 2014 Filing 308 RESPONSE in Opposition re #305 MOTION for judgment NOV (notwithstanding the verdict) or, in the Alternative, Rule 59 Motion for a New Trial or Amended Judgment with Supporting Memorandum of Law filed by Donald Guenther, Nancy Guenther. (Attachments: #1 Exhibit Chiles v NPC - Order, #2 Exhibit Davids v NPC - Opinion and Order, #3 Exhibit Georges v NPC - Opinion and Order)(Beins, John)
December 31, 2013 Filing 307 MOTION for Review of #304 Bill of costs (filed as Objection) filed by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1- 05-07-13 - Chiles Order, #2 Exhibit 2- PSC Motion to Enter an MDL Fee and Expense Assessment Order, #3 Exhibit 3- Memo in Support to PSC Motion to Enter Fee & Expense Assessment Order, #4 Exhibit 4- Fee and Expense Order)(Fowler, Donald) Modified on 1/2/2014 (JET).
December 31, 2013 Filing 306 DECLARATION of Martin C. Calhoun re #305 MOTION for judgment NOV or, in the Alternative, Rule 59 Motion for a New Trial or Amended Judgment with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 -- Plaintiff's Counsel's Closing Argument Slides, #2 Exhibit 2 -- NPC's Summary Charts, #3 Exhibit 3 - Trial Exhibit PX-2089-B (excerpts), #4 Exhibit 4 - Trial Exhibit PX-2092-B, #5 Exhibit 5 - 5178 bates number prefix, #6 Exhibit 6 - Trial Exhibit PX-2061 (excerpts), #7 Exhibit 7 - Trial Exhibit PX-2061-HH-1, #8 Exhibit 8 - 1092 bates number prefix, #9 Exhibit 9 - Trial Exhibit PX-2028-A, #10 Exhibit 10 - Trial Exhibit PX-2030 (excerpts), #11 Exhibit 11 - Trial Exhibit PX-2030-A, #12 Exhibit 12 - Trial Exhibit PX-2092-A (excerpts), #13 Exhibit 13 - 4128 bates number prefix (excerpts))(Calhoun, Martin)
December 31, 2013 Filing 305 MOTION for judgment NOV (notwithstanding the verdict) or, in the Alternative, Rule 59 Motion for a New Trial or Amended Judgment with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Fowler, Donald) Modified on 1/2/2014 (JET).
December 19, 2013 Filing 304 PROPOSED BILL OF COSTS by Donald Guenther, Nancy Guenther. (Attachments: #1 Exhibit A - Fees of the Clerk, #2 Exhibit B - Transcript Costs, #3 Exhibit C - Copy Costs)(Vecchione, John)
December 5, 2013 Filing 303 JUDGMENT in favor of Nancy Guenther against Novartis Pharmaceutical Corporation (Signed by Deputy Clerk) (JET)
December 4, 2013 Opinion or Order Filing 302 ORDER directing Clerk to enter judgment and close file. Signed by Judge Gregory A. Presnell on 12/4/2013. (ED)
November 18, 2013 Opinion or Order Filing 301 ORDER denying 279 Motion for Judgment as a Matter of Law. Signed by Judge Gregory A. Presnell on 11/18/2013. (TKW)
November 14, 2013 Opinion or Order Filing 300 ORDER denying #283 Motion for New Trial. Signed by Judge Gregory A. Presnell on 11/14/2013. (ED)
October 16, 2013 Filing 299 REPLY to #296 Response and in support of #283 MOTION for New Trial and Memorandum in Support Based on Rule 49 filed by Novartis Pharmaceutical Corporation. (Fowler, Donald) Modified on 10/17/2013 (JET).
October 7, 2013 Opinion or Order Filing 298 ENDORSED ORDER granting #297 Motion for Leave to File Reply, not to exceed 5 pages, due October 16, 2013. Signed by Judge Gregory A. Presnell on 10/7/2013. (TKW)
October 7, 2013 Filing 297 Unopposed MOTION for leave to file REPLY re #296 Response in Opposition, and in support of #283 Motion for new trial based on Rule 49 by Novartis Pharmaceutical Corporation. (Fowler, Donald) Modified on 10/7/2013 (JET).
October 7, 2013 Set/reset deadlines as to #283 MOTION for New Trial and Memorandum in Support. Replies to #296 Response due by 10/16/2013. See Order #298. (JET)
October 4, 2013 Filing 296 RESPONSE in Opposition re #283 MOTION for New Trial and Memorandum in Support filed by Donald Guenther, Nancy Guenther. (Rasco, Ramon)
October 2, 2013 Filing 295 NOTICE of Filing Videotaped Deposition Transcripts Played at Trial by Donald Guenther, Nancy Guenther (Attachments: #1 Exhibit 1: David Epstein 2-9-10 Designations, #2 Exhibit 2: Stephano Fratarcangelli 5-22-08 Designations, #3 Exhibit 3: Dr. Goessl 4-5-08 Designations, #4 Exhibit 4: Jonathan Green 11-12-08 Designations, #5 Exhibit 5: Dr. Maladorno 3-19-08 and 8-22-08 Designations, #6 Exhibit 6: Robert Marx 8-12-13 Designations, #7 Exhibit 7: Dr. Sablinska 4-15-08 Designations, #8 Exhibit 8: Dr. Schaumberg 8-27-13 Designations, #9 Exhibit 9: Peter Tarassoff 1-23-08, 4-10-08, 4-18-08 and 1-14-09 Designations, #10 Exhibit 10: Rosa Linda Weiss 3-11-08 Designations)(Vecchione, John) Modified on 10/3/2013 (JET).
September 24, 2013 Opinion or Order Filing 294 ORDER that the Clerk of the Court shall pay for the meals of 6 jurors. Signed by Judge Gregory A. Presnell on 9/24/2013. (AIR)
September 23, 2013 Filing 293 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Amie First (ARF)
September 23, 2013 Filing 292 TRANSCRIPT of Jury Trial, Day 10, held on 9-20-13 before Judge Gregory A. Presnell. Court Reporter Amie R. First, RPR, CRR, AmieFirst.CourtReporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/15/2013, Redacted Transcript Deadline set for 10/24/2013, Release of Transcript Restriction set for 12/23/2013. (ARF)
September 23, 2013 Filing 291 TRANSCRIPT of Jury Trial, Day 9, held on 9-19-13 before Judge Gregory A. Presnell. Court Reporter Amie R. First, RPR, CRR, AmieFirst.CourtReporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/15/2013, Redacted Transcript Deadline set for 10/24/2013, Release of Transcript Restriction set for 12/23/2013. (ARF)
September 23, 2013 Filing 290 TRANSCRIPT of Jury Trial, Day 8, held on 9-18-13 before Judge Gregory A. Presnell. Court Reporter Amie R. First, RPR, CRR, AmieFirst.CourtReporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/15/2013, Redacted Transcript Deadline set for 10/24/2013, Release of Transcript Restriction set for 12/23/2013. (ARF)
September 23, 2013 Filing 289 TRANSCRIPT of Jury Trial, Day 7, held on 9-17-13 before Judge Gregory A. Presnell. Court Reporter Amie R. First, RPR, CRR, AmieFirst.CourtReporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/15/2013, Redacted Transcript Deadline set for 10/24/2013, Release of Transcript Restriction set for 12/23/2013. (ARF)
September 23, 2013 Opinion or Order Filing 288 ENDORSED ORDER re #283 Memorandum in support filed by Novartis Pharmaceutical Corporation. The Court construes this filing as a Motion for New Trial. The Clerk is directed to change the docket entry accordingly. Signed by Judge Gregory A. Presnell on 9/23/2013. Copies mailed. (LAM)
September 21, 2013 Filing 283 MOTION for New Trial and MEMORANDUM in support Based on Rule 49 filed by Novartis Pharmaceutical Corporation. (Fowler, Donald) Modified on 9/23/2013 per Order #288 (JET).
September 20, 2013 Filing 287 AMENDED MINUTES. The minute entry at Doc. No. #280 is amended only to reflect the correct date of the hearing as 9/20/2013. (LAM)
September 20, 2013 Filing 286 COURT'S EXHIBIT LIST for the jury trial ending 9/20/2013. (LAM)
September 20, 2013 Filing 285 Defendant's Exhibit List for the jury trial ending 9/20/2013. (Attachments: #1 Exhibit List Part 1B, #2 Exhibit List Part 2, #3 Exhibit List Part 3, #4 Exhibit List Part 4)(LAM)
September 20, 2013 Filing 284 Plaintiffs' Exhibit List for the jury trial ending 9/20/2013. (Attachments: #1 Exhibit List Part One B, #2 Exhibit List Part Two A, #3 Exhibit List Part Two B)(LAM) Modified on 9/23/2013 (LAM).
September 20, 2013 Filing 282 AMENDED JURY VERDICT. (LAM)
September 20, 2013 Filing 281 JURY VERDICT. (Amended Verdict filed same date)(LAM)
September 20, 2013 Filing 280 Minute Entry for Jury Trial (Day Ten) Proceedings held before Judge Gregory A. Presnell 9/20/2013. Verdict. Jury finds in favor of Plaintiff Nancy Guenther and awards damages in the amount of $1,300,000.00. Court Reporter: Amie First. (LAM) Modified on 9/23/2013 (LAM). ***The PDF document incorrectly states the hearing date is 9/19/2013. The correct date of the hearing is 9/20/2013. See Amended Minutes at 287. ***
September 19, 2013 Filing 279 ORE TENUS RENEWED MOTION for judgment as a matter of law, made by counsel for Novartis Pharmaceutical Corporation in open court 9/19/2013. (LAM) Modified on 9/20/2013 to correct title of filing (LAM).
September 19, 2013 Opinion or Order Filing 278 ORAL ORDER denying #268 Motion for Judgment as a Matter of Law for the reasons stated in open court by Judge Gregory A. Presnell on 9/19/2013. Copies mailed. (LAM)
September 19, 2013 Filing 277 VERDICT FORM (Version Two) as provided to counsel in open court 9/19/2013. (LAM)
September 19, 2013 Filing 276 JURY INSTRUCTIONS (FINAL) as provided to counsel and read to the jury in open court 9/19/2013.(LAM)
September 19, 2013 Filing 275 Minute Entry for Jury Trial (Day Nine) Proceedings held before Judge Gregory A. Presnell 9/19/2013. Jury retires to deliberate. Deliberations to continue 9/20/2013. Court Reporter: Amie First. (LAM)
September 19, 2013 Filing 274 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Amie First (ARF)
September 19, 2013 Filing 273 TRANSCRIPT of Jury Trial, Day Eight, held on 9-18-13 before Judge Gregory A. Presnell. Court Reporter Amie R. First, RPR, CRR, AmieFirst.CourtReporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/10/2013, Redacted Transcript Deadline set for 10/21/2013, Release of Transcript Restriction set for 12/18/2013. (ARF)
September 19, 2013 Filing 272 TRANSCRIPT of Jury Trial, Day Seven, held on 9-17-13 before Judge Gregory A. Presnell. Court Reporter Amie R. First, RPR, CRR, AmieFirst.CourtReporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/10/2013, Redacted Transcript Deadline set for 10/21/2013, Release of Transcript Restriction set for 12/18/2013. (ARF)
September 18, 2013 Filing 271 NOTICE of supplemental authority in Opposition to Rule 50 #268 Motion for Judgment by Donald Guenther, Nancy Guenther (Attachments: #1 Exhibit A (Sheffer))(Rasco, Ramon) Modified on 9/19/2013 (JET).
September 18, 2013 Filing 270 JURY INSTRUCTIONS (Version Two) as provided to counsel for review in open court 9/18/2013. (LAM)
September 18, 2013 Filing 269 Minute Entry for Jury Trial (Day Eight) Proceedings held before Judge Gregory A. Presnell on 9/18/2013. Trial to continue 9/19/2013. Court Reporter: Amie First. (LAM)
September 18, 2013 Filing 268 MOTION for judgment as a matter of law Under Fed. R. Civ. P. 50(a) With Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - Payne Slip Op., #2 Exhibit 2 - 9-11-13 Parisian Trial Tr., #3 Exhibit 3 - 9-12-13 and 9-13-13 Marx De Bene Esse Test (Excerpt), #4 Exhibit 4 - 9-17-13 Atkins Trial Tr. (Rough), #5 Exhibit 5 - 9-12-13 Simon Trial Tr., #6 Exhibit 6 - 9-9-13 Opening Statements, #7 Exhibit 7 - 9-13-13 Trial Tr.)(Fowler, Donald)
September 17, 2013 Filing 267 Minute Entry for Jury Trial (Day Seven) Proceedings held before Judge Gregory A. Presnell on 9/17/2013. Trial to continue 9/18/2013. Court Reporter: Amie First. (LAM)
September 17, 2013 Opinion or Order Filing 266 ORDER re #220 Notice (Other) filed by Donald Guenther, Nancy Guenther on designations of deposition of Miriam Jones Atkins, MD, taken 3/7/12. Signed by Judge Gregory A. Presnell on 9/17/2013. (TKW)
September 17, 2013 Filing 265 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Amie First (ARF)
September 17, 2013 Filing 264 TRANSCRIPT of Jury Trial, Day 6, held on 9-16-13 before Judge Gregory A. Presnell. Court Reporter Amie R. First, RPR, CRR, AmieFirst.CourtReporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/8/2013, Redacted Transcript Deadline set for 10/18/2013, Release of Transcript Restriction set for 12/16/2013. (ARF)
September 16, 2013 Filing 263 VERDICT FORM (Version One) as provided to counsel for review in open court 9/16/2013. (LAM)
September 16, 2013 Filing 262 JURY INSTRUCTIONS (Version One) as provided to counsel for review in open court 9/16/2013. (LAM)
September 16, 2013 Filing 261 Minute Entry for Jury Trial (Day Six) Proceedings held before Judge Gregory A. Presnell 9/16/2013. Trial to continue 9/17/2013. Court Reporter: Amie First. (LAM)
September 16, 2013 Opinion or Order Filing 260 ORDER as to objections to counter-designations of testimony of Diane Young. Signed by Judge Gregory A. Presnell on 9/16/2013. (ED)
September 16, 2013 Opinion or Order Filing 259 ORDER re #217 Notice (Other) filed by Novartis Pharmaceutical Corporation on the objections to the deposition designations filed for the trial testimony of Diane Young taken February 25, 2013, in J. Hunter Chiles, III v. Novartis Pharmaceuticals Corp., 3:06-00096, M.D. Florida, indicated in Plaintiff's Notice of Filing (Doc. #217). Signed by Judge Gregory A. Presnell on 9/16/2013. (TKW)
September 15, 2013 Filing 258 NOTICE by Donald Guenther, Nancy Guenther Re: Objections to NPC's Counter Designations for Diane Young (Beins, John)
September 15, 2013 Filing 257 NOTICE by Donald Guenther, Nancy Guenther re #128 Pretrial statement Notice of Filing Supplemental Jury Instruction 15D (Attachments: #1 Exhibit 1 - Chiles v. Novartis Jury Instructions)(Vecchione, John) Modified on 9/16/2013 (IGC). Modified on 9/16/2013 (IGC).
September 13, 2013 Filing 256 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Sandy Tremel (SKT)
September 13, 2013 Filing 255 TRANSCRIPT of jury trial day 5 held on 9-13-13 before Judge Gregory A. Presnell. Court Reporter Sandy Tremel,Telephone number 407-245-3110, sandy.tremel@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/4/2013, Redacted Transcript Deadline set for 10/15/2013, Release of Transcript Restriction set for 12/12/2013. (SKT)
September 13, 2013 Opinion or Order Filing 254 ORDER re #223 Notice of Filing Supplemental Foundational Designations for Five Diane Young Exhibits filed by Donald Guenther, Nancy Guenther. Signed by Judge Gregory A. Presnell on 9/13/2013. (ED)
September 13, 2013 Filing 253 AMENDED #252 Jury Trial Minutes - The jury trial minutes of 9/13/13 are amended to correct the Court Reporter to Sandy Tremel only. (LAM)
September 13, 2013 Filing 252 Minute Entry for Jury Trial (Day Five) Proceedings held before Judge Gregory A. Presnell on 9/13/2013. Trial to continue 9/16/2013. (LAM) ***Amended at 253 to correct the Court Reporter to Sandy Tremel only. Modified on 9/13/2013 (LAM).
September 13, 2013 Filing 251 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Amie First (ARF)
September 13, 2013 Filing 250 TRANSCRIPT of Jury Trial, Day 4, Afternoon Session, held on 9-12-13 before Judge Gregory A. Presnell. Court Reporter Amie R. First, RPR, CRR, AmieFirst.CourtReporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/4/2013, Redacted Transcript Deadline set for 10/15/2013, Release of Transcript Restriction set for 12/12/2013. (ARF)
September 12, 2013 Filing 249 RENEWED OBJECTIONS to the De Bene Esse Depositionof Dr. Robert Marx by Novartis Pharmaceutical Corporation re #202 OBJECTION (Fowler, Donald) Modified on 9/13/2013 (IGC).
September 12, 2013 Filing 248 Minute Entry for Jury Trial (Day Four) Proceedings held before Judge Gregory A. Presnell 9/12/2013. Trial to continue 9/13/2013. Court Reporter: Sandy Tremel and Amie First. (LAM)
September 12, 2013 Filing 247 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Sandy Tremel (SKT)
September 12, 2013 Filing 246 TRANSCRIPT of jury trial morning session held on 9-12-13 before Judge Gregory A. Presnell. Court Reporter Sandy Tremel,Telephone number 407-245-3110, sandy.tremel@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/3/2013, Redacted Transcript Deadline set for 10/15/2013, Release of Transcript Restriction set for 12/11/2013. (SKT)
September 11, 2013 Filing 245 TRANSCRIPT of Jury Trial, Day 3, Afternoon Session, held on 9-11-13 before Judge Gregory A. Presnell. Court Reporter Amie R. First, RPR, CRR, AmieFirst.CourtReporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/2/2013, Redacted Transcript Deadline set for 10/15/2013, Release of Transcript Restriction set for 12/10/2013. (ARF)
September 11, 2013 Opinion or Order Filing 244 ORDER as to Defendant's objections to designated testimony of Dr. Jennifer Schaumberg. Signed by Judge Gregory A. Presnell on 9/11/2013. (ED)
September 11, 2013 Filing 243 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Sandy Tremel (SKT)
September 11, 2013 Filing 242 TRANSCRIPT of jury trial morning session held on 9-11-13 before Judge Gregory A. Presnell. Court Reporter Sandy Tremel,Telephone number 407-245-3110. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/2/2013, Redacted Transcript Deadline set for 10/15/2013, Release of Transcript Restriction set for 12/10/2013. (SKT)
September 11, 2013 Opinion or Order Filing 241 ORDER as to Defendant's objections to the deposition testimony of Linda Weiss. Signed by Judge Gregory A. Presnell on 9/11/2013. (ED)
September 11, 2013 Filing 240 Minute Entry for Jury Trial (Day Three) Proceedings held before Judge Gregory A. Presnell 9/11/2013. Trial to continue 9/12/2013. Court Reporter: Sandy Tremel and Amie First. (LAM)
September 11, 2013 Filing 239 OBJECTION re #224 Notice (Other) to Plaintiffs' Notice of Filing Supplemental Jury Instructions. (Fowler, Donald)
September 11, 2013 Filing 237 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Amie First (ARF)
September 10, 2013 Opinion or Order Filing 238 ORDER with rulings on objections to testimony designations of Peter Tarassoff re #212 Notice of Filing. Signed by Judge Gregory A. Presnell on 9/10/2013. Copies mailed.(LAM) Modified on 9/11/2013 to correct date of signature (LAM).
September 10, 2013 Filing 236 TRANSCRIPT of Jury Trial, Day Two, Afternoon Session, held on 9-10-13 before Judge Gregory A. Presnell. Court Reporter Amie R. First, RPR, CRR, AmieFirst.CourtReporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/1/2013, Redacted Transcript Deadline set for 10/11/2013, Release of Transcript Restriction set for 12/9/2013. (ARF)
September 10, 2013 Filing 235 TRANSCRIPT of Jury Trial, Day One, held on 9-9-13 before Judge Gregory A. Presnell. Court Reporter Amie R. First, AmieFirst.CourtReporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/1/2013, Redacted Transcript Deadline set for 10/11/2013, Release of Transcript Restriction set for 12/9/2013. (ARF)
September 10, 2013 Filing 234 Minute Entry for Jury Trial (Day Two) Proceedings held before Judge Gregory A. Presnell on 9/10/2013. Trial to continue 9/11/2013. Court Reporter: Sandy Tremel and Amie First. (LAM)
September 10, 2013 Opinion or Order Filing 233 ORDER with rulings on objections to designations of testimony of Joanne Machalaba re #221 Notice. Signed by Judge Gregory A. Presnell on 9/10/2013. (LAM)
September 10, 2013 Filing 232 RESPONSE re #223 Notice (Other) to Plaintiffs' "Supplemental Foundational Designations for Five Diane Young Exhibits" filed by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - 2-22-13 Chiles Trial Tr., #2 Exhibit 2 - 2-25-13 Chiles Trial Tr., #3 Exhibit 3 - 8-28-13 Email from Vecchione to Calhoun, #4 Exhibit 4 - PX-1313, #5 Exhibit 5 - PX-0351, #6 Exhibit 6 - PX-1271, #7 Exhibit 7 - PX-0812, #8 Exhibit 8 - PX-0501, #9 Exhibit 9 - 1-24-12 and 1-25-12 Young Trial Tr. (KYLE TRIAL), #10 Exhibit 10 - 10-9-12 and 10-10-12 Maladorno Trial Tr. (DAVIDS TRIAL), #11 Exhibit 11 - 10-15-12 and 10-16-12 Tarassoff Trial Tr. (DAVIDS TRIAL))(Fowler, Donald)
September 10, 2013 Filing 231 NOTICE of Appearance by Elizabeth R. Odette on behalf of Donald Guenther, Nancy Guenther (Odette, Elizabeth)
September 10, 2013 Filing 230 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Sandy Tremel (SKT)
September 10, 2013 Filing 229 TRANSCRIPT of jury trial held on September 10, 2013 - morning session before Judge Gregory A. Presnell. Court Reporter Sandy Tremel,Telephone number 407-245-3110. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/1/2013, Redacted Transcript Deadline set for 10/11/2013, Release of Transcript Restriction set for 12/9/2013. (SKT)
September 10, 2013 Opinion or Order Filing 228 ORDER on objections to deposition designations for the discovery deposition testimony of Carsten Goessl taken 4/5/2008 re #215 Notice of Filing. Signed by Judge Gregory A. Presnell on 9/10/2013. Copies mailed.(LAM)
September 9, 2013 Opinion or Order Filing 227 ORDER as to Defendant's objections to Stefano Fratarcangeli deposition designations. Signed by Judge Gregory A. Presnell on 9/9/2013. (ED)
September 9, 2013 Opinion or Order Filing 226 ORDER overruling objection to Plaintiffs' use of discovery deposition of Dr. Carsten Goessl. Signed by Judge Gregory A. Presnell on 9/9/2013. (ED)
September 9, 2013 Filing 225 Minute Entry for Jury Trial (Day One) Proceedings held before Judge Gregory A. Presnell 9/9/2013. Jury seated. Opening statements. Trial to continue 9/10/2013. Court Reporter: Amie First. (LAM)
September 9, 2013 Filing 224 NOTICE of Filing Supplemental Jury Instructions by Donald Guenther, Nancy Guenther re #128 Pretrial statement (Vecchione, John) Modified on 9/10/2013 (JET).
September 9, 2013 Filing 223 NOTICE by Donald Guenther, Nancy Guenther of filing supplemental foundational designations for five Diane Young exhibits (Attachments: #1 Exhibit: Davids v. NPC-Peter Tarassoff testimony highlighting for exhibits, #2 Exhibit: Davids v. NPC-Dionigi Maladorno testimony highlighting for exhibits, #3 Exhibit: Mahaney v. NPC-Diane Young testimony highlighting for exhibits)(Vecchione, John) Modified on 9/10/2013 (JET).
September 8, 2013 Filing 222 NOTICE by Donald Guenther, Nancy Guenther of Filing Highlighted Transcript of Diane Young (Attachments: #1 Exhibit Highlighted Deposition Transcript of Diane Young)(Vecchione, John)
September 8, 2013 Filing 221 NOTICE by Donald Guenther, Nancy Guenther of Filing Highlighted Transcript of Joanne Machalaba (Attachments: #1 Exhibit Highlighted Transcript of Joanne Machalaba)(Vecchione, John)
September 8, 2013 Filing 220 NOTICE by Donald Guenther, Nancy Guenther of Filing Highlighted Transcripts of Dr. Jennifer Schaumberg and Dr. Miriam Atkins (Attachments: #1 Exhibit Highlighted Transcript-Dr.Jennifer Schaumberg, #2 Exhibit Highlighted Transcript-Dr. Miriam Atkins)(Vecchione, John)
September 8, 2013 Filing 219 NOTICE by Donald Guenther, Nancy Guenther Notice of Parties' Agreed Videotape Designations for Dionigi Maladorno and Katarzyna Sablinska (Attachments: #1 Exhibit 1 - Maladorno 3-19-08 Transcript, #2 Exhibit 2 - Maladorno 8-22-08 Transcript, #3 Exhibit 3 - Sablinska)(Vecchione, John) Modified on 9/9/2013 (IGC).
September 8, 2013 Filing 218 NOTICE by Donald Guenther, Nancy Guenther Notice of Parties' Agreed Videotape Designations for David Epstein (Attachments: #1 Exhibit A - Epstein)(Vecchione, John) Modified on 9/9/2013 (IGC).
September 6, 2013 Filing 217 NOTICE by Novartis Pharmaceutical Corporation re #169 Trial Management Order of Highlighted Deposition Transcripts of F. Marion Durst III, Diane Young, And Carsten Goessl (Attachments: #1 Exhibit 1 - Durst Highlighted Tr. 9-6-13, #2 Exhibit 2 - Young (Meng) Highlighted Trt 9-6-13 Vol1and Vol2, #3 Exhibit 3 - Goessl Tr. Highlighted 9-6-13, #4 Exhibit 4 - Ex. 4, #5 Exhibit 5 - Ex. 5, #6 Exhibit 6 - Ex. 6, #7 Exhibit 7 - Ex. 7, #8 Exhibit 8 - Ex. 8, #9 Exhibit 9 - Ex. 9, #10 Exhibit 10 - Ex. 10, #11 Exhibit 11 - Ex. 11, #12 Exhibit 12 - Ex. 12, #13 Exhibit 13 - Ex. 13, #14 Exhibit 14 - Ex. 15, #15 Exhibit 15 - Ex. 17, #16 Exhibit 16 - Ex. 16, #17 Exhibit 17 - Ex. 18 (1), #18 Exhibit 17 - Ex. 18 (2), #19 Exhibit 18 - Ex. 19)(Fowler, Donald)
September 6, 2013 Filing 216 NOTICE by Donald Guenther, Nancy Guenther re #215 Notice (Other) NPC Objections to Goessl Exhibits (Attachments: #1 Exhibit PX 208 Vol 1, #2 Exhibit PX 208 Vol 2, #3 Exhibit PX 209, #4 Exhibit PX 211, #5 Exhibit PX 213, #6 Exhibit PX 214, #7 Exhibit Px 215, #8 Exhibit PX 216, #9 Exhibit PX 217, #10 Exhibit Px 219)(Beins, John)
September 6, 2013 Filing 215 NOTICE by Donald Guenther, Nancy Guenther Of Filing Dr. Goessl transcript (Attachments: #1 Exhibit Goessl deposition transcript)(Beins, John)
September 6, 2013 Opinion or Order Filing 214 ORDER granting #210 Motion to allow electronic equipment. Signed by Judge Gregory A. Presnell on 9/6/2013. Copies mailed (paper copy to CSOs). (LAM)
September 6, 2013 Opinion or Order Filing 213 ENDORSED ORDER granting #209 motion to appear pro hac vice. Signed by Magistrate Judge David A. Baker on 9/06/2013. (Baker, David)
September 6, 2013 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Elizabeth R. Odette, appearing on behalf of Donald Guenther, Nancy Guenther (Filing fee $10,receipt number ORL28021) Related document: #209 Verified MOTION for Elizabeth R. Odette to appear pro hac vice. (IGC)
September 5, 2013 Filing 212 NOTICE of Filing Highlighted Deposition Transcripts of Stefano Fratarcangeli, Jonathan Green, Peter Tarasoff and Linda Rosa Weiss by Donald Guenther, Nancy Guenther (Attachments: #1 Exhibit Deposition of Stefano Fratarcangeli, #2 Exhibit Fratarcangeli Exhibits with Defendant's Objections, #3 Exhibit Plaintiffs' Exhibit 174, #4 Exhibit Plaintiffs' Exhibit 176, #5 Exhibit Plaintiffs' Exhibit 177, #6 Exhibit Plaintiffs' Exhibit 178, #7 Exhibit Plaintiffs' Exhibit 179, #8 Exhibit Plaintiffs' Exhibit 181, #9 Exhibit Plaintiffs' Exhibit 186, #10 Exhibit Plaintiffs' Exhibit 187, #11 Exhibit Plaintiffs' Exhibi t189, #12 Exhibit Plaintiffs' Exhibit 191, #13 Exhibit Deposition of Jonathan Green, #14 Exhibit Green Exhibits with Defendant's Objections, #15 Exhibit Plaintiffs' Exhibit 228, #16 Exhibit Deposition of Peter Tarasoff 1-23-2008, #17 Exhibit Deposition of Peter Tarasoff 4-10 &4-18-2008, #18 Exhibit Deposition of Peter Tarasoff 1-14-2009, #19 Exhibit Tarasoff Exhibits with Defendant's Objections, #20 Exhibit Plaintiffs' Exhibit 643, #21 Exhibit Plaintiffs' Exhibit 648, #22 Exhibit Plaintiffs' Exhibit 654, #23 Exhibit Plaintiffs' Exhibit 655, #24 Exhibit Plaintiffs' Exhibit 661, #25 Exhibit Plaintiffs' Exhibit 820, #26 Exhibit Plaintiffs' Exhibit 822, #27 Exhibit Deposition of Linda Weiss, #28 Exhibit Weiss Exhibits with Defendant's Objections, #29 Exhibit Plaintiffs' Exhibit 734, #30 Exhibit Plaintiffs' Exhibit 735, #31 Exhibit Plaintiffs' Exhibit 737, #32 Exhibit Plaintiffs' Exhibit 740)(Vecchione, John) Modified on 9/6/2013 (JEV).
September 5, 2013 Filing 211 NOTICE of filing Highlighted Deposition Transcripts of Deborah Dunsire and Robert Spaet by Novartis Pharmaceutical Corporation re #169 Trial Management Order (Attachments: #1 Exhibit 1- DunsireTranscript, #2 Exhibit 2 - Spaet Transcript, #3 Exhibit 3 - Dunsire 2601, #4 Exhibit 4- Dunsire 2602, #5 Exhibit 5 - Dunsire 2604, #6 Exhibit 6 - Dunsire 2605, #7 Exhibit 7 - Dunsire 2606, #8 Exhibit 8 - Dunsire 2608, #9 Exhibit 9 - Dusnire 2609, #10 Exhibit 10 - Dunsire 2610, #11 Exhibit 11 - Dusnire 2611, #12 Exhibit 12 Dunsire 2614, #13 Exhibit 13 - Dunsire 2615, #14 Exhibit 14 - Dunsire 2616, #15 Exhibit 15 - Dunsire 2617, #16 Exhibit 16 - Dunsire 2618, #17 Exhibit 17 - Dunsire 2624, #18 Exhibit 18 - Dunsire 2625, #19 Exhibit 19 - Dunsire 2626, #20 Exhibit 20 - Spaet 2105, #21 Exhibit 21 - Spaet 2111, #22 Exhibit 22 - Spaet 2112)(Fowler, Donald) Modified on 9/6/2013 (JEV).
September 5, 2013 Filing 210 MOTION to allow electronic equipment, specifically two laptops, audio mixer, external hard drive and 8 boxes of documents by All Plaintiffs. (Vecchione, John)
September 5, 2013 Filing 209 Verified MOTION for Elizabeth R. Odette to appear pro hac vice by All Plaintiffs. (Rasco, Ramon) Motions referred to Magistrate Judge David A. Baker.
September 5, 2013 Filing 208 RESPONSE re #201 Notice (Other) to Plaintiffs' Objections To Deposition Designations filed by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 4-5-08 Goessl Notice of Deposition, #2 Exhibit 6-21-10 Goessl Dep.)(Fowler, Donald)
September 4, 2013 Filing 207 NOTICE of filing Proposed Jury Instructions and Verdict Form by Novartis Pharmaceutical Corporation re #169 Trial Management Order; see Pretrial Statement #128 (Attachments: #1 Exhibit A-NPC's Proposed Jury Instructions (Based on Florida Law), #2 Exhibit B-NPC's Proposed Verdict Form (Based on Florida Law))(Fowler, Donald) Modified on 9/5/2013 (JET).
September 4, 2013 Opinion or Order Filing 206 ORDER granting #205 Motion to Allow Electronic Equipment. Signed by Judge Gregory A. Presnell on 9/4/2013. Copies mailed (paper copy to CSOs). (LAM)
September 3, 2013 Filing 205 MOTION for miscellaneous relief, specifically Consent Motion Regarding Computer Equipment and Technology by Novartis Pharmaceutical Corporation. (Fowler, Donald)
September 3, 2013 Filing 204 RESPONSE re #203 Notice Filing Dr. Marx Transcript, with Objections filed by Novartis Pharmaceutical Corporation. (Fowler, Donald) Modified on 9/3/2013 (JEV).
August 31, 2013 Filing 203 NOTICE with objections by Nancy Guenther, Donald Guenther, Novartis Pharmaceutical Corporation of Filing Dr Marx transcript, (Attachments: #1 Exhibit Marx Vol 1, #2 Exhibit Marx Vol 2)(Beins, John) Modified on 9/3/2013 (JEV).
August 30, 2013 Filing 202 OBJECTION of Outstanding Disputes by Novartis Pharmaceutical Corporation Regarding Plaintiffs' Designations of De Bene Esse Video Deposition Testimony of Dr. Robert Marx, DDS filed re #169 Trial Management Order. (Attachments: #1 Exhibit 1 - PX-1089, #2 Exhibit 2 - PX-1285, #3 Exhibit 3 - PX-1286, #4 Exhibit 4 - PX-1287, #5 Exhibit 5 - PX-2061H, #6 Exhibit 6 - PX-2061B-G,I,J,M,Q-V, X, Z, BB, DD-FF, HH, II, #7 Exhibit 7 - PX-2061K, #8 Exhibit 8 - PX-2061L, #9 Exhibit 9 - PX-2061N, #10 Exhibit 10 - PX-2061O, #11 Exhibit 11 - PX-2061P, #12 Exhibit 12 - PX-2061W, #13 Exhibit 13 - PX-2061Y, #14 Exhibit 14 - PX-2061AA, #15 Exhibit 15 - PX-2061CC, #16 Exhibit 16 - PX-2061GG, #17 Exhibit 17 - PX-2061JJ)(Fowler, Donald) Modified on 9/3/2013 (JEV).
August 30, 2013 Filing 201 NOTICE of Objections by Nancy Guenther, Donald Guenther to Novartis Videotape Designations, Status of Videotape Depositions and submission of deposition transcripts in dispute (Attachments: #1 Exhibit 1 - Epstein, #2 Exhibit 2 - Fratarcangeli, #3 Exhibit 3 - Goessl, #4 Exhibit 4 - Maladorno, #5 Exhibit 5 - Maladorno 30b6, #6 Exhibit 6 - Sablinska, #7 Exhibit 7 - Tarasoff 1-14-09, #8 Exhibit 8 - Tarasoff 1-23-08, #9 Exhibit 9 - Tarasoff 4-18-08, #10 Exhibit 10 - Weiss, #11 Exhibit 11 - Pl. Ojections - Goessl, #12 Exhibit 12 - Dunsire, #13 Exhibit 13- Pl. Objections - Dunsire, #14 Exhibit 14- Spaet, #15 Exhibit 15- Pl. Objections - Spaet, #16 Exhibit 16 - Goessl - NJ State Dep, #17 Exhibit 17 - Pl. Objections - Goessl - NJ State dep, #18 Exhibit 18 - Goessl MDL 4.5.08, #19 Exhibit 19 - Schaumberg, #20 Exhibit 20 - Atkins)(Beins, John) Modified on 9/3/2013 (JEV).
August 30, 2013 Filing 200 OBJECTION of Outstanding Disputes by Novartis Pharmaceutical Corporation Regarding Plaintiffs' Designations of Deposition Testimony of Former Treating Health Care Providers Dr. Atkins, Dr. Durst, and Dr. Schaumberg filed re #169 Trial Management Order . (Fowler, Donald) Modified on 9/3/2013 (JEV).
August 30, 2013 Filing 199 OBJECTION of Outstanding Disputes by Novartis Pharmaceutical Corporation Regarding Plaintiffs' Designations of Deposition Testimony of Stefano Fratarcangeli, Jonathan Green, Peter Tarassoff, and Linda Weiss filed re #169 Trial Management Order. (Fowler, Donald) Modified on 9/3/2013 (JEV).
August 30, 2013 Filing 198 OBJECTION of Outstanding Disputes by Novartis Pharmaceutical Corporation Regarding Plaintiffs' Designations of Deposition Testimony of Carten Goessl filed re #169 Trial Management Order. (Fowler, Donald) Modified on 9/3/2013 (JEV).
August 30, 2013 Filing 197 OBJECTION of Outstanding Disputes by Novartis Pharaceutical Corporation Regarding Plaintiffs' Counter-Designations of Deposition Testimony of Deborah Dunsire and Robert Spaet filed re #169 Trial Management Order. Fowler, Donald) Modified on 9/3/2013 (JEV).
August 30, 2013 Filing 196 OBJECTION of Outstanding Disputes by Novartis Pharmaceutical Corporation Regarding Plaintiffs' Designations of Prior Trial Testimony of Joanne Machalaba filed re #169 Trial Management Order.(Fowler, Donald) Modified on 9/3/2013 (JEV).
August 30, 2013 Filing 195 OBJECTION of Outstanding Disputes by Novartis Pharmaceutical Corporation Regarding Plaintiffs' Designations of Prior Trial Testimony of Diane Young, M.D. filed re #169 Trial Management Order. (Fowler, Donald) Modified on 9/3/2013 (JEV).
August 30, 2013 Filing 194 TRIAL CALENDAR for trial term September, 2013. Copies mailed. (LAM)
August 29, 2013 Opinion or Order Filing 193 ORDER granting in part and denying in part #162 Motion in Limine. Signed by Judge Gregory A. Presnell on 8/29/2013. (ED)
August 26, 2013 Opinion or Order Filing 192 ENDORSED ORDER denying #181 Motion to add certain questions to the Court's Juror Questionnaire. The Court will consider these questions during its conduct of the jury voir dire. Signed by Judge Gregory A. Presnell on 8/26/2013. (TKW)
August 21, 2013 Opinion or Order Filing 191 ENDORSED ORDER granting #190 Motion to extend time. Signed by Judge Gregory A. Presnell on 8/21/2013. (ED)
August 21, 2013 Filing 190 Joint MOTION to extend time to Submit Transcript Of De Bene Esse Deposition Of Dr. Robert Marx by All Parties. (Calhoun, Martin)
August 19, 2013 Opinion or Order Filing 189 ENDORSED ORDER denying #187 Motion to permit live video testimony. Plaintiffs may conduct de bene esse deposition of Dr. Schaumberg on August 27, 2013. Signed by Judge Gregory A. Presnell on 8/19/2013. (ED)
August 18, 2013 Filing 188 RESPONSE in Opposition re #187 MOTION for miscellaneous relief, specifically For Leave to Offer Live Link Testimony of Dr Schaumberg filed by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1--5-7-2013 Meng Trial Transcript, #2 Exhibit 2--3-21-2012, Schaumberg, Jennifer Dep. Tr.)(Fowler, Donald)
August 18, 2013 Filing 187 NONCONSENTED MOTION for miscellaneous relief, specifically For Leave to Offer Live Link Testimony of Dr Schaumberg by All Plaintiffs. (Attachments: #1 Exhibit 1. Dr. Aronson statement)(Beins, John) Modified on 8/19/2013 (IGC).
August 16, 2013 Opinion or Order Filing 186 ORDER granting in part and denying in part #147 Motion in Limine. Signed by Judge Gregory A. Presnell on 8/16/2013. (ED)
August 16, 2013 Opinion or Order Filing 185 ORDER granting #163 Motion to Quash. Signed by Judge Gregory A. Presnell on 8/16/2013. (ED)
August 16, 2013 Opinion or Order Filing 184 ENDORSED ORDER granting #183 Motion to modify trial order. Signed by Judge Gregory A. Presnell on 8/16/2013. (ED)
August 15, 2013 Filing 183 Joint MOTION for miscellaneous relief, specifically To Amend Trial Order by All Parties. (Calhoun, Martin)
August 15, 2013 Filing 182 REPLY in support to Motion re #163 MOTION to quash Subpoenas Improperly Served on Out-of-State Witnesses filed by Novartis Pharmaceutical Corporation. (Fowler, Donald) Modified on 8/15/2013 (JEV).
August 14, 2013 Filing 181 MOTION for miscellaneous relief, specifically To Add Certain Questions to the Court's Juror Questionnaire by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1--Proposed Additional Questions)(Fowler, Donald)
August 14, 2013 Opinion or Order Filing 180 ENDORSED ORDER granting #179 Motion for Leave to File. Signed by Judge Gregory A. Presnell on 8/14/2013. (ED)
August 12, 2013 Filing 179 Consent MOTION for leave to file Reply Memorandum In Support of Motion To Quash Subpoenas Improperly Served On Out-Of-State Witnesses By Defendant Novartis Pharmaceuticals Corporation and Defendant's Employees, Diane Young and Joanne Machalaba, by Novartis Pharmaceutical Corporation. (Calhoun, Martin) Modified on 8/13/2013 (JEV).
August 10, 2013 Filing 178 RESPONSE in Opposition re #163 MOTION to quash Subpoenas Improperly Served on Out-of-State Witnesses filed by Nancy Guenther. (Attachments: #1 Exhibit 1 - Affidavit of Service/Subpoenas, #2 Exhibit 2 - Conyers v. Balboa Ins. Co (M.D. Fla. 2013), #3 Exhibit 3 - Chiles trial transcript, #4 Exhibit 4 - Machalaba memo re: Novartis sales meeting in Orlando)(Beins, John)
August 9, 2013 Filing 177 REPLY to #175 Response to Motion re #162 MOTION in limine filed by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - 11-12-08 Green Dep. Tr., #2 Exhibit 2 - Apr. 30 2010 Bessemer Order re Hanson, #3 Exhibit 3 - 10-16-12 Davids Trial Tr., #4 Exhibit 4 - 10-18-12 Davids Trial Tr.)(Fowler, Donald) Modified on 8/9/2013 (IGC).
August 8, 2013 Filing 176 NOTICE by Donald Guenther, Nancy Guenther re #175 Response in Opposition to Motion Notice of Omitted Authority (Attachments: #1 Exhibit 11--Georges order on motions in limine)(Rasco, Ramon)
August 7, 2013 Filing 175 RESPONSE in Opposition re #162 MOTION in limine filed by Donald Guenther, Nancy Guenther. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Rasco, Ramon)
August 6, 2013 Filing 174 NOTICE by Donald Guenther, Nancy Guenther Re-Notice of De Bene Esse Deposition (Rasco, Ramon)
August 2, 2013 Opinion or Order Filing 173 ORDER denying #146 Motion for Protective Order regarding the second deposition of Dr. Marx. Signed by Judge Gregory A. Presnell on 8/2/2013. (TKW)
August 1, 2013 Filing 172 RESPONSE in Opposition re #162 MOTION in limine Re Phossy Jaw filed by Nancy Guenther, Donald Guenther. (Attachments: #1 Exhibit 1. Marx Report - Initial, #2 Exhibit 2. Marx dep transcipt, #3 Exhibit 3. Marx article - Phossy Jaw, #4 Exhibit 4. Mahaney decision - in limine)(Beins, John) Modified on 8/2/2013 (JEV).
August 1, 2013 Filing 171 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT (doc. no. 170). The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Diane Peede (DP)
August 1, 2013 Filing 170 TRANSCRIPT of the final pretrial conference held on July 31, 2013, before Judge Gregory A. Presnell. Court Reporter/Transcriber Diane Peede, FlaDiane@att.net, Telephone number (407) 615-0305. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 8/22/2013, Redacted Transcript Deadline set for 9/3/2013, Release of Transcript Restriction set for 10/30/2013. (DP)
August 1, 2013 Opinion or Order Filing 169 TRIAL ORDER for jury trial scheduled to begin September 9, 2013. Signed by Judge Gregory A. Presnell on 8/1/2013. Copies mailed.(LAM) (Additional attachment(s) added on 9/3/2013: #1 Schedule) (LAM).
July 31, 2013 Opinion or Order Filing 168 ORDER denying #116 Motion for summary judgment. Signed by Judge Gregory A. Presnell on 7/31/2013. (NWH)
July 31, 2013 Filing 167 Minute Entry for Final Pretrial Conference held before Judge Gregory A. Presnell on 7/31/2013. Written orders to follow. Court Reporter: Diane Peede. (LAM)
July 30, 2013 Opinion or Order Filing 166 ORDER on Stipulation of evidentiary issues. Signed by Judge Gregory A. Presnell on 7/30/2013. (TKW)
July 30, 2013 Filing 165 NOTICE of Appearance by S. Ranchor Harris, III on behalf of Donald Guenther, Nancy Guenther (Harris, S.)
July 30, 2013 Filing 164 RESPONSE in Opposition re #146 MOTION for protective order to Preclude Untimely Unauthorized Second Deposition of Dr. Robert Marx, or in the alternative, for a Continuance of the Trial Date filed by Nancy Guenther. (Attachments: #1 Exhibit 1. Declaration of John Vecchione, #2 Exhibit 2. Fussman Order granting de bene esse deposition)(Beins, John)
July 29, 2013 Filing 163 MOTION to Quash Subpoenas Improperly Served on Out-of-State Witnesses by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1: Young Subpoena Notice, #2 Exhibit 2: Machalaba Subpoena Notice, #3 Exhibit 3: June 2011 Committee Report, #4 Exhibit 4: Committee Rule - Sept 2012, #5 Exhibit 5: Young Declaration, #6 Exhibit 6: Machalaba Declaration, #7 Exhibit 7: 2-15-2013 Order in Chiles re Quash Subpoena)(Fowler, Donald) Modified on 7/30/2013 (JET).
July 29, 2013 Filing 162 MOTION in limine by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - Gotcher & Jee II (1981), #2 Exhibit 2 - 02-13-2013 Trial Tr.(Chiles v. NPC), #3 Exhibit 3 - 6-11-13 Trial Tr. (Rough) (Hill v. NPC), #4 Exhibit 4 - 10-3-12 Trial Tr. (Davids v. NPC), #5 Exhibit 5 - 5-18-07 Marx Dep., #6 Exhibit 6 - 3-21-12 Marx Testimony, #7 Exhibit 7 - Kyle 1-12-12 Trial Transcript, #8 Exhibit 8 - 4-2-2009 Vogel, James M. M.D, #9 Exhibit 9 - 4-22-13 Daubert Hearing Transcript (Taylor v NPC), #10 Exhibit 10 - 2-8-2013 Chiles Order, #11 Exhibit 11- 4-25-12 Marx Depo (Guenther))(Fowler, Donald)
July 29, 2013 Filing 161 REPLY to Response to Motion re #116 MOTION for summary judgment pursuant to Georgia law filed by Novartis Pharmaceutical Corporation. (Fowler, Donald)
July 26, 2013 Filing 160 RESPONSE in Opposition re #116 MOTION for summary judgment pursuant to Georgia law filed by Donald Guenther, Nancy Guenther. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Rasco, Ramon)
July 24, 2013 Filing 159 RESPONSE in Opposition re #147 Omnibus MOTION in limine filed by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - Brown Hr'g Tr., #2 Exhibit 2 - Forman H'rg Tr (2-28-12), #3 Exhibit 3 - Davids Hr'g Tr (7-9-12), #4 Exhibit 4 - Marx Article (2005), #5 Exhibit 5 - 4-30-2013 Meng Trial Tr., #6 Exhibit 6 - 5-15-2007 Marx Dep., #7 Exhibit 7 - 7-12-2006 Health Care Record [5215-0133], #8 Exhibit 8 - 10-19-2009 Stevens Trial Tr., #9 Exhibit 9 - 3-7-2012 Depo Tr of Dr. Miriam Atkins, #10 Exhibit 10 - 6-12-2013 Hill Trial Tr., #11 Exhibit 11 - 11-18-2010 Fussman Trial Tr., #12 Exhibit 12 - 11-15-2010 Fussman Trial Tr., #13 Exhibit 13 - 12-24-2003 Health Care Record [5178-0051, 0052, 0172], #14 Exhibit 14 - 12-21-2005 Health Care Record [5085-0044 to 0046], #15 Exhibit 15 - 8-25-2004 Health Care Record [4901-0002 to 0004], #16 Exhibit 16 - 3-27-2012 Depo Tr of Nancy Guenther, #17 Exhibit 17 - 5-25-2006 Health Care Record [5085-0124 to 0126, 0136], #18 Exhibit 18 - 2-4-2013 Depo Tr of Vanesa Guenther, #19 Exhibit 19 - 4-16-2013 Georges Trial Tr., #20 Exhibit 20 - 3-6-2009 Dr. Robert Marx Dep., #21 Exhibit 21 - Marx Article (2003))(Fowler, Donald)
July 24, 2013 Opinion or Order Filing 158 ORDER striking #145 Motion in Limine. Signed by Judge Gregory A. Presnell on 7/24/2013. (ED)
July 24, 2013 Opinion or Order Filing 157 ORDER striking #132 Motion in Limine; striking #133 Motion in Limine; striking #134 Motion in Limine; striking #135 Motion in Limine; striking #136 Motion in Limine; striking #137 Motion in Limine; striking #139 Motion in Limine; striking #140 Motion in Limine; striking #141 Motion in Limine; striking #142 Motion in Limine; striking #143 Motion in Limine; striking #144 Motion in Limine; striking #148 Motion in Limine. Signed by Judge Gregory A. Presnell on 7/24/2013. (ED)
July 24, 2013 Opinion or Order Filing 156 ORDER granting in part and denying in part #154 Motion to strike motions in limine. Signed by Judge Gregory A. Presnell on 7/24/2013. (ED)
July 24, 2013 Filing 155 RESPONSE in Opposition re #154 MOTION for miscellaneous relief, specifically Motion to Strike Motions in Limine or to Extend Time to Respond filed by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - Clerk's Minutes from Bombardier Services Corp.)(Fowler, Donald)
July 23, 2013 Filing 154 MOTION to Strike Motions in Limine or in the alternative, to allow plaintiffs to oppose Novartis' voluminous objections orally at trial or to Extend Time to file a response and to exceed the twenty page limit by Donald Guenther, Nancy Guenther. (Attachments: #1 Exhibit 1-8)(Vecchione, John) Modified on 7/24/2013 (JEV).
July 19, 2013 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney John J. Beins, appearing on behalf of Donald Guenther, Nancy Guenther (Filing fee $10 receipt, number ORL26910) Related document: #152 Verified MOTION for John J. Beins to appear pro hac vice. (IGC)
July 18, 2013 Opinion or Order Filing 153 ENDORSED ORDER granting #151 motion to appear pro hac vice; granting #152 motion to appear pro hac vice. Provided, all counsel shall register for and use the electronic filing system as adopted by the Court. After this Order, the Clerk will no longer send copies of docket entries by U.S. Mail to counsel in this case. Appearance and participation by more than one attorney at any hearing or trial is subject to the discretion of the presiding judge. Signed by Magistrate Judge David A. Baker on 7/18/2013. (Baker, David)
July 18, 2013 Filing 152 Verified MOTION for John J. Beins to appear pro hac vice by All Plaintiffs. (Rasco, Ramon) Motions referred to Magistrate Judge David A. Baker.
July 18, 2013 Pro Hac Vice Fees paid by Donald Guenther, Nancy Guenther as to attorney Rancor Harris, III (Filing fee $10.00, receipt number ORL26871) re #151 Verified MOTION for S. Ranchor Harris, III to appear pro hac vice (IGC)
July 17, 2013 Filing 151 Verified MOTION for S. Ranchor Harris, III to appear pro hac vice by All Plaintiffs. (Rasco, Ramon) Motions referred to Magistrate Judge David A. Baker.
July 16, 2013 Opinion or Order Filing 150 ENDORSED AMENDED ORDER amending #149 Amended Milburn Order. The Order entered at Doc. No. 149 is amended only to correct the page limit of Defendant's reply. The reply shall not exceed five (5) pages in length. Signed by Judge Gregory A. Presnell on 7/16/2013. Copies mailed.(LAM)
July 16, 2013 Opinion or Order Filing 149 AMENDED MILBURN ORDER re #116 MOTION for summary judgment pursuant to Georgia law filed by Novartis Pharmaceutical Corporation, amending #125 Milburn Order. Plaintiffs will be allowed until July 26, 2013, to file a responsive memorandum. Defendant may file a reply brief, not exceeding ten (5) pages, by August 2, 2013. In addition to electronically filing exhibits in support of their papers, the parties are directed to provide chambers with a courtesy paper copy of any such exhibits. Signed by Judge Gregory A. Presnell on 7/16/2013. Copies mailed.(LAM)
July 16, 2013 ***Special Admission Attorney Certification Form filed by attorney S. Ranchor Harris III, appearing on behalf of Donald Guenther, Nancy Guenther (PRO HAC VICE FEES DUE, personal check returned). (JEV)
July 16, 2013 Set/reset deadlines as to #116 MOTION for summary judgment. Responses due by 7/26/2013 (JEV)
July 15, 2013 Filing 148 (STRICKEN PER #156ORDER) MOTION in limine to Preclude Plaintiffs from Seeking Non-Recoverable Damages with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - 3-7-12 Atkins Dep. Tr, #2 Exhibit 2 - 8-8-2012 Meng Order re Precluding recovering Infusion Costs, #3 Exhibit 3 - 11-1-12 Davids Trial Tr.)(Fowler, Donald) Modified on 7/24/2013 (JEV).
July 15, 2013 Filing 147 Omnibus MOTION in limine by All Plaintiffs. (Attachments: #1 Exhibit 1: Stevens trial transcript, #2 Exhibit 2: Bessemer Order, #3 Exhibit 3: Boehm deposition transcript, #4 Exhibit 4: Epstein deposition transcript, #5 Exhibit 5: Kyle Mahaney trial transcript)(Vecchione, John) Modified on 7/16/2013 (JET).
July 15, 2013 Filing 146 MOTION for a Protective Order to Preclude Untimely Unauthorized Second Deposition of Dr. Robert Marx or, in the Alternative, for a Continuance of the Trial Date with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1: 3/8/13 Guenther Motions Hearing, #2 Exhibit 2: 7/1/13 Email from Pls Counsel to NPC's Counsel, #3 Exhibit 3: 7/3/13 Notice of Deposition - Dr Marx, #4 Exhibit 4: Brochure, #5 Exhibit 5: MECC Upcoming-Events, #6 Exhibit 6: 7/31/12 Facebook Book Event Created by Teri Valls, #7 Exhibit 7: MECC About Us)(Fowler, Donald) Modified on 7/16/2013 (JET).
July 15, 2013 Filing 145 (STRICKEN PER #156ORDER) MOTION in limine to Exclude Evidence or Argument that Mrs. Guenther did not "Need" or Would Not Have Taken Zometa Treatment if Warned with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit Ex. 1 - 4-26-13 Meng Trial Tr, #2 Exhibit Ex. 2 - 2-20-13 Chiles Trial Tr, #3 Exhibit Ex. 3 - 3-27-12 N. Guenther Tr)(Fowler, Donald) Modified on 7/24/2013 (JEV).
July 15, 2013 Filing 144 (STRICKEN PER #156ORDER) MOTION in limine To Exclude Evidence Relating To Notice Or Corporate Conduct After November 1, 2004 With Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - 11-1-2004 Health Care Record (4128-0093), #2 Exhibit 2 - 4-25-05 and 05-02-200...e Record (4128-0086-0087), #3 Exhibit 3 - 3-7-2012-- Atkins, Miriam Jones, M.D., #4 Exhibit 4 - Dear Dentist Letter 5-5-05, #5 Exhibit 5 - 1-9-2012 Brodie Order, #6 Exhibit 6 - 7-9-2012-Motion Hearing (Davids v NPC), #7 Exhibit 7 - Zometa 2007 Label, #8 Exhibit 8 - Aredia 2008 Label, #9 Exhibit 9 - 6-14-2005 and 6-15-2005 Sablinska emails (ZAEM-002131140-44), #10 Exhibit 10 - 10-22-2012 DavidsTrial Day 09 (Machalaba, Newman))(Calhoun, Martin) Modified on 7/24/2013 (JEV).
July 15, 2013 Filing 143 (STRICKEN PER #156ORDER) MOTION in limine to Exclude Evidence or Argument Regarding Certain Documents with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - 10-22-12 Davids Trial Tr, #2 Exhibit 2 - PX-405 (Machalaba Ex. 3848), #3 Exhibit 3 - 11-1-12 Davids Trial Tr, #4 Exhibit 4 - DX-649 (DCT Adverse Event Summary Form - ADE0023162-164), #5 Exhibit 5 - PX-1146 (ANDA 0349109), #6 Exhibit 6 - PX-1147 (AER-MedWatch - ZAEM-01643398), #7 Exhibit 7 - PX-1148 (AER-MedWatch - ISR #3977066), #8 Exhibit 8 - PX-1149 (AER-MedWatch - ZAEM-01643399), #9 Exhibit 9 - PX-1150 (AER-MedWatch - ZAEM-01643400), #10 Exhibit 10 - PX-1151 (AER-MedWatch - ZAEM-01643401), #11 Exhibit 11 - PX-1152 (AER-MedWatch - ZAEM-01643402), #12 Exhibit 12 - PX-1153 (AER-MedWatch - ZAEM-01643403), #13 Exhibit 13 - PX-1154 (AER-MedWatch - ANDA-0349115), #14 Exhibit 14 - PX-1155 (AER-Medwatch - ZAEM-0164304), #15 Exhibit 15 - 10-23-12 Davids Tr, #16 Exhibit 16 - 10-9-12 Davids Tr, #17 Exhibit 17 - 10-17-12 Davids Tr, #18 Exhibit 18 - 2-25-13 Chiles Trial Tr, #19 Exhibit 19 - PX-115 (Epstein 1-29-03 Email), #20 Exhibit 20 - 11-18-10 Fussman Tr, #21 Exhibit 21 - 2-3-12 Brown Hrg, #22 Exhibit 22 - 2-9-10 Epstein Dep Tr, #23 Exhibit 23 - Brodie v NPC (Order) (E.D.Mo) 1-9-12, #24 Exhibit 24 - 3-7-12 Atkins Dep. Tr. (Guenther v NPC), #25 Exhibit 25 - PX-172 (Fratarcangeli 5-503 Email), #26 Exhibit 26 - 5-6-13 Meng Trial Tr, #27 Exhibit 27 - Ruggiero 2004, #28 Exhibit 28 - 5-12-08 Ruggiero Dep, #29 Exhibit 29 - 6-18-13 Hill Trial Tr, #30 Exhibit 30 - PX-731 (8-7-03 Linguri Memo), #31 Exhibit 31 - 10-25-12 Davids Tr, #32 Exhibit 32 - PX-182 (1-18-04 Klein fax to Dunsire), #33 Exhibit 33 - 8-7-09 Klein Dep, #34 Exhibit 34 - 11-10-10 Fussman Tr, #35 Exhibit 35 - 9-29-10 Bessemer Tr, #36 Exhibit 36 - 10-18-12 Davids Tr, #37 Exhibit 37 - White Paper, #38 Exhibit 38 - PX-672 (Tarassoff Ex. 6925), #39 Exhibit 39 - PX-673 (Tarassoff Ex. 6926), #40 Exhibit 40 - PX-674 (Tarassoff Ex. 6927), #41 Exhibit 41 - 7-9-12 Davids Hrg, #42 Exhibit 42 - 1-10-12 Kyle Tr, #43 Exhibit 43 - PX-740 ( 6-25-04 Weiss Email), #44 Exhibit 44 - 10-4-12 Davids Tr, #45 Exhibit 45 - 5-2-13 Meng Trial Tr, #46 Exhibit 46 - PX-578, #47 Exhibit 47 - PX-579, #48 Exhibit 48 - 55 Case W. Res. L. Rev. 633 (2005))(Fowler, Donald) Modified on 7/24/2013 (JEV).
July 15, 2013 Filing 142 (STRICKEN PER #156ORDER) MOTION in limine to Exclude Evidence or Argument Regarding NPC's Duty to Provide Warnings about Dental Issues, to Warn Dental Providers, and to Warn Zometa Patients Directly with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - FDA Approval Letter 8-20-2001, #2 Exhibit 2 - Feb. 22, 2002 FDA Approval Letter, #3 Exhibit 3 - Sterner Letter to Orloff 9-26-03, #4 Exhibit 4 - March 2004 Zometa Label, #5 Exhibit 5 - August 2004 Zometa Label, #6 Exhibit 6 - Dear Doctor Letter Sept. 24 2004, #7 Exhibit 7 - Dear Doctor Distribution List, #8 Exhibit 8 - 10-19-04 Health Care Record (12898-0006), #9 Exhibit 9 - 11-1-04 Health Care Record (4128-0093), #10 Exhibit 10 - 4-25-12 Marx Depo (Guenther), #11 Exhibit 11 - Dear Dentist Letter May 5 2005, #12 Exhibit 12 - 1-9-12 Brodie Order)(Fowler, Donald) Modified on 7/24/2013 (JEV).
July 15, 2013 Filing 141 (STRICKEN PER #156ORDER) MOTION in limine to Exclude Evidence and Argument Concerning Labeling, Dosing, and Reporting Issues Controlled by FDA with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - Mutual Pharmaceutical Co Inc v Bartlett, #2 Exhibit 2 - 10-15-12 Davids Trial (Ray, Tarassoff), #3 Exhibit 3 - 11-1-12 Davids Trial Tr.(Closings), #4 Exhibit 4 - 4-2-12 Winter Trial Tr.(Arrowsmith, Russell), #5 Exhibit 5 - Vogel report, #6 Exhibit 6 - Vogel Rebuttal, #7 Exhibit 7 - 4-2-09 Vogel dep, #8 Exhibit 8 - Postmarket Drug Safety FDA, #9 Exhibit 9 - 10-18-12 Davids Tr., #10 Exhibit 10 - 3-23-12 Winter Tr.)(Fowler, Donald) Modified on 7/24/2013 (JEV).
July 15, 2013 Filing 140 (STRICKEN PER #156ORDER) MOTION in limine to Exclude Evidence or Argument Regarding Promotional and other Materials not seen and Relied upon by Mrs. Guenther's Prescribing Oncologist with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Fowler, Donald) Modified on 7/24/2013 (JEV).
July 15, 2013 Filing 139 (STRICKEN PER #156ORDER) MOTION in limine to Exclude Testimony of G. Raymond Watkins with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - 3-12-2012 Winter Order, #2 Exhibit 2 - 3-16-2012 Watkins Dep. Tr, #3 Exhibit 3 - 3-23-2012 Winter Trial Tr.)(Fowler, Donald) Modified on 7/24/2013 (JEV).
July 15, 2013 Opinion or Order Filing 138 ORDER denying #127 Motion for Reconsideration, shortening deadlines for responding to #116 Motion for Summary Judgment. Signed by Judge Gregory A. Presnell on 7/15/2013. (ED)
July 15, 2013 Filing 137 (STRICKEN PER #156ORDER) MOTION in limine to Exclude Evidence or Argument Relating to the Genetic Condition known as Osteopetrosis with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - 2-13-13 PM Trial Tr. (Chiles v. NPC ), #2 Exhibit 2 - 10-3-12 Davids Motion Tr. (Davids v. NPC), #3 Exhibit 3 - 6-11-13 Trial Tr. (Rough) (Hill v. NPC))(Fowler, Donald) Modified on 7/24/2013 (JEV).
July 15, 2013 Filing 136 (STRICKEN PER #156ORDER) MOTION in limine to Exclude Evidence or Argument about Certain Other Drugs Unrelated to Mrs. Guenther's Use of Zometa, with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - 07-09-2012 Motion Hearing (Davids v NPC), #2 Exhibit 2 - 02-29-2012 Hearing (Baldwin v NPC), #3 Exhibit 3 - Reclast Label 2011, #4 Exhibit 4 - 2-26-13 Trial Tr.(Chiles v NPC))(Fowler, Donald) Modified on 7/24/2013 (JEV).
July 15, 2013 Filing 135 (STRICKEN PER #156ORDER) MOTION in limine to Exclude Evidence or Argument Suggesting a Duty to Warn Beyond the Warnings in the FDA-Approved Package Insert with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Fowler, Donald) Modified on 7/24/2013 (JEV).
July 15, 2013 Filing 134 (STRICKEN PER #156ORDER) MOTION in limine to Exclude or Argument about a Rat Study Published in 1981 with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - Gotcher & Jee II (1981), #2 Exhibit 2 - 02-13-2013 Trial Tr.(Chiles v. NPC), #3 Exhibit 3 - 6-11-13 Trial Tr. (Rough) (Hill v. NPC), #4 Exhibit 4 - 10-3-12 Trial Tr. (Davids v. NPC), #5 Exhibit 5 - 7-2-2013 D'Agnese Order, #6 Exhibit 6 - Rafaella Recenti Article, #7 Exhibit 7 - 5-18-07 Marx Dep., #8 Exhibit 8 - 3-21-12 Marx Testimony (Winter v. NPC))(Fowler, Donald) Modified on 7/24/2013 (JEV).
July 15, 2013 Filing 133 (STRICKEN PER #156ORDER) MOTION in limine to Exclude Evidence or Argument about "Phossy Jaw" with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - 4-30-2010 Bessemer Memorandum, #2 Exhibit 2 - 1-12-12 Trial Tr.(Kyle v. NPC), #3 Exhibit 3 - 10-6-08 Marx Expert Report)(Fowler, Donald) Modified on 7/24/2013 (JEV).
July 15, 2013 Filing 132 (STRICKEN PER #156ORDER) MOTION in limine to Exclude Evidence or Argument Regarding Prior Verdicts or Settlements, the Impact of a Verdict on other Cases, and Evidence or Argument Regarding Certain Expert Witness Payments with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - 5-14-13 Trial Tr. (Meng v. NPC), #2 Exhibit 2 - 2-8-13 Slip op. (Chiles v. NPC), #3 Exhibit 3 - 3-23-2012 Trial Tr. (Winter v. NPC))(Fowler, Donald) Modified on 7/24/2013 (JEV).
July 10, 2013 Filing 131 RESPONSE in Opposition re #127 MOTION for Reconsideration re #124 Order Discharging Previous Order to Show Cause or, in the Alternative, Reply Brief in Opposition to Defendant's Response to Order Show Cause filed by Novartis Pharmaceutical Corporation. (Fowler, Donald)
July 10, 2013 Filing 130 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The trial previously scheduled for 9/9/13 at 9:15 AM is rescheduled. New hearing time: Jury Trial set for 9/9/2013 at 01:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (TKW)
July 9, 2013 Opinion or Order Filing 129 ENDORSED ORDER granting #126 Motion to Withdraw as Attorney. Signed by Magistrate Judge David A. Baker on 7/9/2013. (Baker, David)
July 8, 2013 Filing 128 JOINT PRETRIAL statement by Nancy Guenther. (Attachments: #1 Exhibit Ex. 1 - Plaintiffs' Exhibit List, #2 Exhibit Ex. 2 - NPC Exhibit List, #3 Exhibit Ex. 3 - Plaintiffs' Deposition designations, #4 Exhibit Ex. 4 - NPC Deposition designations, #5 Exhibit Ex. 5 - Proposed Stipulation, #6 Exhibit Ex 6 - Plaintiffs' Damage Summary, #7 Exhibit Ex 7 - Plaintiffs' proposed Jury Instruction, #8 Exhibit Ex 8 - NPC proposed Jury Instructions - Georgia law, #9 Exhibit Ex. 9 - NPC proposed Jury Instructions - Florida law, #10 Exhibit Ex. 10 - Plaintiffs' proposed verdict sheet, #11 Exhibit Ex. 11 - NPC proposed verdict form- Georgia law, #12 Exhibit Ex. 12 - NPC proposed verdict form - Florida law, #13 Exhibit Ex. 13 - Plaintiffs' proposed voir dire, #14 Exhibit Ex. 14 - NPC proposed voir dire, #15 Exhibit Ex 8 and 9 NPC attachment 1 - Meng, #16 Exhibit Ex 8 and 9 NPC attachment 2 - Fussman, #17 Exhibit Ex 8 and 9 NPC attachment 3 - MDL Order, #18 Exhibit Ex 8 and 9 NPC attachment 4 Mahaney)(Vecchione, John) Modified on 7/9/2013 (IGC).
July 8, 2013 Filing 127 MOTION for Reconsideration re #124 Order Discharging Previous Order to Show Cause or, in the Alternative, Reply Brief in Opposition to Defendant's Response to Order Show Cause by All Plaintiffs. (Attachments: #1 Exhibit Hearing Transcript, #2 Exhibit Order)(Rasco, Ramon)
July 8, 2013 Filing 126 Unopposed MOTION for Heather Pigman to withdraw as attorney by Novartis Pharmaceutical Corporation. (Spurgeon, Susan) Motions referred to Magistrate Judge David A. Baker.
July 3, 2013 Opinion or Order Filing 125 MILBURN ORDER re #116 MOTION for summary judgment pursuant to Georgia law filed by Novartis Pharmaceutical Corporation. Plaintiffs will be allowed until July 24, 2013, to file a responsive memorandum. Defendant may file a reply brief, not exceeding ten (10) pages, by August 2, 2013. In addition to electronically filing exhibits in support of their papers, the parties are directed to provide chambers with a courtesy paper copy of any such exhibits. Signed by Judge Gregory A. Presnell on 7/3/2013. Copies mailed.(LAM)
July 3, 2013 Opinion or Order Filing 124 ORDER discharging order to show cause, setting deadlines for responses to motion for summary judgment. Signed by Judge Gregory A. Presnell on 7/3/2013. (ED)
July 3, 2013 Set deadlines as to #116 MOTION for summary judgment pursuant to Georgia law. Responses by Plaintiff due by 7/24/2013, Replies by Defendant due by 8/2/2013. (IGC)
June 24, 2013 Filing 123 RESPONSE TO ORDER TO SHOW CAUSE re #119 Order to show cause filed by Novartis Pharmaceutical Corporation. (Fowler, Donald)
June 20, 2013 Filing 122 NOTICE by Novartis Pharmaceutical Corporation Amended Notice of Designation of Trial Counsel (Spurgeon, Susan)
June 18, 2013 Filing 121 Written designation and consent to act by Susan Kay Spurgeon on behalf of Novartis Pharmaceutical Corporation. Local Counsel: Susan K. Spurgeon. Non-Resident Counsel: Martin C. Calhoun. (Spurgeon, Susan)
June 18, 2013 Filing 120 Written designation and consent to act by Susan Kay Spurgeon on behalf of Novartis Pharmaceutical Corporation. Local Counsel: Susan K. Spurgeon. Non-Resident Counsel: Donald W. Fowler. (Spurgeon, Susan)
June 18, 2013 Opinion or Order Filing 119 DISCHARGED AT DOCUMENT NO. 124 - ORDER to show cause why #116 Motion for summary judgment should not be stricken as to Novartis Pharmaceutical Corporation. Show Cause Response due by 6/25/2013. Signed by Judge Gregory A. Presnell on 6/18/2013. (ED) Modified on 7/3/2013 (IGC).
June 18, 2013 Opinion or Order Filing 118 ENDORSED ORDER granting #117 Motion to strike unredacted exhibit. The Clerk is directed to strike Exh. 1 to the #116 Motion for Summary Judgment. The redacted version of Exh. 1, which is attached to the #117 Motion to strike, will be substituted in its place. Signed by Judge Gregory A. Presnell on 6/18/2013. (ED)
June 18, 2013 Filing 117 Unopposed MOTION for miscellaneous relief, specifically Strike Exhibit 1 to NPC's Pending Motion for Summary Judgment and Replace with Corrected Exhibit 1 by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit Corrected Exhibit 1 to ECF No. 116)(Fowler, Donald)
June 18, 2013 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Martin C. Calhoun, appearing on behalf of Novartis Pharmaceutical Corporation (Filing fee $10 receipt number ORL26186.) Related document: #113 Unopposed MOTION for Martin C. Calhoun to appear pro hac vice. (IGC)
June 18, 2013 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Donald W. Fowler, appearing on behalf of Novartis Pharmaceutical Corporation (Filing fee $10 receipt number ORL26187.) Related document: #112 Unopposed MOTION for Donald W. Fowler to appear pro hac vice. (IGC)
June 17, 2013 Filing 116 MOTION for summary judgment pursuant to Georgia law by Novartis Pharmaceutical Corporation. (Attachments: # 1 STRICKEN, DELETED & REPLACED (see #22) RE 118 ENDORSED ORDER Exhibit 1--3-27-12 N. Guenther Depo Transcript, #2 Exhibit 2--5-8-02 Atkins Record, #3 Exhibit 3--5-9-02 Atkins Record, #4 Exhibit 4--5-23-02 Atkins Record, #5 Exhibit 5--Medical Expenses Chart, #6 Exhibit 6--10-4-2004 Durst Record, #7 Exhibit 7--10-02, 7-22-02, 6-15-04 Durst Records, #8 Exhibit 8--3-14-12 Durst Depo Transcript, #9 Exhibit 9--10-19-04 Schaumberg Record, #10 Exhibit 10--11-1-04 Atkins Record, #11 Exhibit 11--3-7-12 Atkins Depo Transcript, #12 Exhibit 12--12-28-04 Atkins Record, #13 Exhibit 13--1-31-05 Atkins Record, #14 Exhibit 14--3-8-2013 Motions Hearing, #15 Exhibit 15--4-25-05 Atkins Record, #16 Exhibit 16--6-1-05 Atkins Record, #17 Exhibit 17--6-30-05 Simon Record, #18 Exhibit 18--5-3-02 Simon Depo Transcript, #19 Exhibit 19--2005-2006 Simon Records, #20 Exhibit 20--Simons Billing Records, #21 Exhibit 21--3-23-06 Simon Record)(Fowler, Donald) Modified on 6/19/2013 (IGC). Modified on 6/19/2013 (IGC). (Additional attachment(s) added on 6/19/2013: #22 Exhibit 1 (replacement)) (IGC).
June 13, 2013 Opinion or Order Filing 115 ENDORSED ORDER granting #112 motion to appear pro hac vice; granting #113 motion to appear pro hac vice; granting #114 Motion to Withdraw as Attorney. Provided, all counsel shall register for and use the electronic filing system as adopted by the Court. After this Order, the Clerk will no longer send copies of docket entries by U.S. Mail to counsel in this case. Appearance and participation by more than one attorney at any hearing or trial is subject to the discretion of the presiding judge. Signed by Magistrate Judge David A. Baker on 6/13/2013. (Baker, David)
June 13, 2013 Filing 114 Unopposed MOTION for Kirby T. Griffis to withdraw as attorney by Novartis Pharmaceutical Corporation. (Spurgeon, Susan) Motions referred to Magistrate Judge David A. Baker.
June 12, 2013 Filing 113 Unopposed MOTION for Martin C. Calhoun to appear pro hac vice by Novartis Pharmaceutical Corporation. (Spurgeon, Susan) Motions referred to Magistrate Judge David A. Baker.
June 12, 2013 Filing 112 Unopposed MOTION for Donald W. Fowler to appear pro hac vice by Novartis Pharmaceutical Corporation. (Spurgeon, Susan) Motions referred to Magistrate Judge David A. Baker.
June 5, 2013 Filing 111 NOTICE by Donald Guenther, Nancy Guenther, Novartis Pharmaceutical Corporation -Joint Notice Regarding Mediation Status (Womeldorf, Rebecca)
May 23, 2013 Opinion or Order Filing 110 ORDER directing the parties to advise the Court by June 5, 2013, regarding the status of mediation. Signed by Judge Gregory A. Presnell on 5/23/2013. Copies mailed.(LAM)
May 10, 2013 Opinion or Order Filing 109 ENDORSED ORDER denying as moot #44 Daubert Motion as to Professor Wayne Ray. Signed by Judge Gregory A. Presnell on 5/10/2013. (ED)
May 2, 2013 Filing 108 NOTICE canceling motion hearing scheduled for 5/17/13. (TKW)
May 1, 2013 Filing 107 NOTICE of Withdrawing Expert Designation by Donald Guenther, Nancy Guenther re 98 Notice of hearing on motion (Vecchione, John) Modified on 5/2/2013 (IGC).
April 9, 2013 Opinion or Order Filing 106 ORDER granting in part and denying in part #65 Motion for summary judgment. Signed by Judge Gregory A. Presnell on 4/9/2013. (ED)
April 8, 2013 Opinion or Order Filing 105 ORDER denying without prejudice #63 Motion in Limine. Signed by Judge Gregory A. Presnell on 4/8/2013. (ED)
April 3, 2013 Opinion or Order Filing 104 ORDER re #103 Notice of Proposed Trial Dates. The Court is not available to try this case beginning September 23, 2013. Since there is no agreement on the date of September 3, 2013, the Court will maintain its scheduled trial date of September 9, 2013. Signed by Judge Gregory A. Presnell on 4/3/2013. Copies mailed.(LAM)
March 29, 2013 Filing 103 Joint NOTICE by Donald Guenther, Nancy Guenther, Novartis Pharmaceutical Corporation of Proposed Trial Dates (Vecchione, John) Modified on 4/1/2013 (JET).
March 28, 2013 Opinion or Order Filing 102 ORDER granting in part and denying in part #41 Motion in limine. Signed by Judge Gregory A. Presnell on 3/28/2013. (ED)
March 28, 2013 Opinion or Order Filing 101 ORDER granting in part and denying in part #40 Motion in limine. Signed by Judge Gregory A. Presnell on 3/28/2013. (ED)
March 27, 2013 Opinion or Order Filing 100 ORDER granting #81 Motion to Apply New Jersey Law to Plaintiffs' Claims for Punitive Damages. Signed by Judge Gregory A. Presnell on 3/27/2013. (NWH)
March 22, 2013 Filing 99 REPLY to Response to Motion re #81 MOTION for miscellaneous relief, specifically To Apply New Jersey Law to Plaintiffs' Punitive Damages Demand and Preclude Punitive Damages With Supporting Memorandum of Law filed by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 -EXCERPTS FROM NPC'S KRAUSE MOTION FOR PARTIAL SUMMARY JUDGMENT TO APPLY NEW JERSEY PUNITIVE DAMAGES LAW WITH SUPPORTING MEMORANDUM OF LAW, #2 Exhibit 2- EXCERPTS FROM NPC'S CHILES MOTION TO APPLY NEW JERSEY LAW TO PLAINTIFFS' PUNITIVE DAMAGES DEMAND WITH SUPPORTING MEMORANDUM OF LAW)(Womeldorf, Rebecca)
March 20, 2013 Filing 98 NOTICE of hearing on #44 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Testimony of Plaintiffs' Expert Professor Wayne Ray with Supporting Memorandum of Law. This is an evidentiary hearing; 2 1/2 hours have been reserved; PROF. RAY IS REQUIRED TO ATTEND THE HEARING. Motion Hearing set for 5/17/2013 at 09:30 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (TKW)
March 19, 2013 Opinion or Order Filing 97 ENDORSED ORDER granting #96 Motion for leave to file reply. Defendant may file a reply not to exceed three (3) pages by no later than Friday, March 22, 2013. Signed by Judge Gregory A. Presnell on 3/19/2013. (NWH)
March 18, 2013 Filing 96 MOTION for leave to file unopposed motion for leave to file reply in support of motion to apply New Jersey law to plaintiffs' punitive damages demand and preclude punitive damages by Novartis Pharmaceutical Corporation. (Womeldorf, Rebecca) Modified on 3/19/2013 (IGC).
March 15, 2013 Filing 95 RESPONSE in Opposition re #81 MOTION for miscellaneous relief, specifically To Apply New Jersey Law to Plaintiffs' Punitive Damages Demand and Preclude Punitive Damages With Supporting Memorandum of Law filed by Donald Guenther, Nancy Guenther. (Attachments: #1 Exhibit 1 - Chiles v. Novartis Pharms. Corp. -- Order Allowing Punitive Damages, #2 Exhibit 2 - Chiles v. Novartis Pharms. Corp. -- Jury Verdict Form, #3 Exhibit 3 - Novartis Pharms. Corp. Florida Registration)(Vecchione, John)
March 14, 2013 Opinion or Order Filing 94 ORDER denying #43 Motion to Exclude Certain Testimony of Plaintiffs' Expert Dr. James Vogel. Signed by Judge Gregory A. Presnell on 3/14/2013. (NWH)
March 12, 2013 Filing 93 NOTICE by Donald Guenther, Nancy Guenther of Supplemental Authority in Opposition to Defendant's Daubert #63 and Summary Judgment #65 Motions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rasco, Ramon) Modified on 3/13/2013 (CH).
March 12, 2013 Filing 92 NOTICE of supplemental authority re #81 MOTION for miscellaneous relief, specifically To Apply New Jersey Law to Plaintiffs' Punitive Damages Demand and Preclude Punitive Damages With Supporting Memorandum of Law by Novartis Pharmaceutical Corporation (Attachments: #1 Exhibit 1 -Krause v Novartis Pharmaceuticals)(Womeldorf, Rebecca)
March 12, 2013 Opinion or Order Filing 91 ENDORSED ORDER granting #90 Motion to supplement. Signed by Judge Gregory A. Presnell on 3/12/2013. (Presnell, Gregory)
March 11, 2013 Filing 90 MOTION to supplement Motion for Leave to File Supplemental Authority in Support of Its Motion to Apply New Jersey Law to Plaintiffs' Punitive Damages Claim and Preclude Punitive Damages by Novartis Pharmaceutical Corporation. (Womeldorf, Rebecca)
March 11, 2013 Opinion or Order Filing 89 ORDER denying without prejudice #42 Motion to Exclude Certain Testimony of Plaintiffs' Expert Dr. Keith Skubitz. Signed by Judge Gregory A. Presnell on 3/11/2013. (TKW)
March 11, 2013 Filing 88 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Paul Spangler (PS)
March 11, 2013 Filing 87 TRANSCRIPT of Motion Hearing held on March 8, 2013 before Judge Gregory Presnell. Court Reporter/Transcriber Paul K. Spangler,Telephone number 8133015898. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 4/1/2013, Redacted Transcript Deadline set for 4/11/2013, Release of Transcript Restriction set for 6/10/2013. (PS)
March 8, 2013 Filing 86 Minute Entry for Proceedings held before Judges Gregory A. Presnell and Susan C. Bucklew on 3/8/2013 in the Tampa Division. re #41 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Plaintiffs' Expert Dr. Suzanne Parisian with Supporting Memorandum of Law filed by Novartis Pharmaceutical Corporation, #65 MOTION for summary judgment filed by Novartis Pharmaceutical Corporation, #63 MOTION to exclude testimony filed by Novartis Pharmaceutical Corporation, #42 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Certain Testimony of Plaintiffs' Expert Dr. Keith Skubitz with Supporting Memorandum of Law filed by Novartis Pharmaceutical Corporation, #43 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Certain Testimony of Plaintiffs' Expert Dr. James Vogel with Supporting Memorandum of Law filed by Novartis Pharmaceutical Corporation, #44 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Testimony of Plaintiffs' Expert Professor Wayne Ray with Supporting Memorandum of Law filed by Novartis Pharmaceutical Corporation, #40 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Certain Testimony of Plaintiffs' Expert Dr. Robert Marx with Supporting Memorandum of Law filed by Novartis Pharmaceutical Corporation. Matters taken under advisement. Court Reporter: Paul Spangler (LAM)
March 7, 2013 Filing 85 REPLY to Response to Motion re #63 MOTION to exclude testimony filed by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit A- NPC's Reply in Support of its Daubert Motion to Exclude Causation Testimony of Plaintiffs' Experts, #2 Exhibit 1-Parmentier v Novartis, #3 Exhibit 2- Smith v Prudential Ins Co of America, #4 Exhibit 3 -Hood v Matrixx Initiatives Inc)(Womeldorf, Rebecca)
March 6, 2013 Filing 84 NOTICE by Donald Guenther, Nancy Guenther Notice of Re-Filing Opposition to Daubert Motion to Exclude (Attachments: #1 Exhibit)(Rasco, Ramon)
March 5, 2013 Opinion or Order Filing 83 ORDER denying #64 Motion to Seal; denying as moot #68 Motion for Protective Order. Signed by Magistrate Judge David A. Baker on 3/5/2013. (SR)
March 5, 2013 Filing 82 NOTICE of compliance re 80 Order on motion to appear pro hac vice Kirby T. Griffis by Novartis Pharmaceutical Corporation (Griffis, Kirby)
February 28, 2013 Filing 81 MOTION for miscellaneous relief, specifically To Apply New Jersey Law to Plaintiffs' Punitive Damages Demand and Preclude Punitive Damages With Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - Zimmerman v NPC, #2 Exhibit 2 - Irby v NPC, #3 Exhibit 3 - Chiles v NPC Order (2-7-13), #4 Exhibit 4 - Brown v NPC, #5 Exhibit 5 - Talley v NPC, #6 Exhibit 6 - Meng v. NPC, #7 Exhibit 7 - Winter v NPC, #8 Exhibit 8 - Chris Hill v NPC, #9 Exhibit 9 - Bessemer v NPC, #10 Exhibit 10 - In re Aredia and Zometa Prods Liab Litig Order (2-27-07(, #11 Exhibit 11 - Chiles v NPC Order (2-25-13), #12 Exhibit 12 - Carol Hill v NPC - Report of Proceedings 8-31-12)(Womeldorf, Rebecca)
February 28, 2013 Opinion or Order Filing 80 ENDORSED ORDER granting #76 motion to appear pro hac vice. Provided, all counsel shall register for and use the electronic filing system as adopted by the Court. After this Order, the Clerk will no longer send copies of docket entries by U.S. Mail to counsel in this case. Appearance and participation by more than one attorney at any hearing or trial is subject to the discretion of the presiding judge. Signed by Magistrate Judge David A. Baker on 2/28/2013. (Baker, David)
February 28, 2013 Filing 79 NOTICE of hearing on motion #63 MOTION to exclude testimony. Motion Hearing set for 3/8/2013 at 09:30 AM in Tampa Courtroom 17 before Judge Gregory A. Presnell (in conjunction with Judge Susan C. Bucklew). (TKW)
February 28, 2013 Filing 78 NOTICE of hearing on motion #65 MOTION for summary judgment . Motion Hearing set for 3/8/2013 at 09:30 AM in Tampa Courtroom 17 before Judge Gregory A. Presnell (in conjunction with Judge Susan C. Bucklew). (TKW)
February 28, 2013 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Kirby T. Griffis, appearing on behalf of Novartis Pharmaceutical Corporation (Filing fee $10 receipt number ORl-23453.) Related document: #76 Unopposed MOTION for Kirby T. Griffis to appear pro hac vice. (MAL)
February 27, 2013 Filing 77 Written designation and consent to act by Susan Kay Spurgeon on behalf of Novartis Pharmaceutical Corporation. Local Counsel: Susan K. Spurgeon. Non-Resident Counsel: Kirby T. Griffis. (Spurgeon, Susan)
February 27, 2013 Filing 76 Unopposed MOTION for Kirby T. Griffis to appear pro hac vice by Novartis Pharmaceutical Corporation. (Spurgeon, Susan) Motions referred to Magistrate Judge David A. Baker.
February 25, 2013 Filing 75 RESPONSE in Opposition re #68 MOTION for protective order filed by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 -Chiles, J - Order denying Motion to Quash #63, #2 Exhibit 2 -Affidavits of service - Asha & Scott Guenther, #3 Exhibit 3 -Affidavits of service on Jim & Cheryl Drawdy, #4 Exhibit 4 - R.Rasco M.Weber re. 2.15.13 depositions, #5 Exhibit 5 - Carolina Indus Products Inc v Learjet Inc, #6 Exhibit 6- Glosson v Equifax, #7 Exhibit 7 -Sutherland v Mesa Air Group Inc, #8 Exhibit 8 -ORDER of 5-30-08 (DE 1378), #9 Exhibit 9 - Case Management Order ECF 89, #10 Exhibit 10 -Guenther Completed PFS with Exhibits)(Womeldorf, Rebecca)
February 22, 2013 Opinion or Order Filing 74 ENDORSED ORDER granting #72 Motion for Extension of Time to File. Signed by Judge Gregory A. Presnell on 2/22/2013. (ED)
February 20, 2013 Filing 73 RESPONSE in Opposition re #64 MOTION for miscellaneous relief, specifically TO SEAL PURSUANT TO PRIOR COURT ORDERS filed by Donald Guenther, Nancy Guenther. (Rasco, Ramon)
February 19, 2013 Filing 72 MOTION for Extension of Time through and including February 17, 2013 to File Opposition to Motion for Summary Judgment by All Plaintiffs. (Rasco, Ramon) Modified on 2/20/2013 (MAL).
February 19, 2013 Filing 71 STATEMENT of undisputed facts re: #66 Statement of undisputed facts Response to Plaintiffs' Counterstatement of Undisputed and Disputed Facts by Novartis Pharmaceutical Corporation.. (Attachments: #1 Exhibit 1-Depo. Tr. of Dr. Fratarcangeli (5-22-08), #2 Exhibit 2-7-18-03 Konecne letter, #3 Exhibit 3-Depo. Tr. of Dr. Salvatore Ruggiero (Deutsch) (5-12-08), #4 Exhibit 4-Depo. Tr. of Dr. Deborah Dunsire (3-6-08)(Filed Under Seal), #5 Exhibit 5- 2-1-05 ODAC Background Information (excerpt), #6 Exhibit 6-Zometa label 3-2004, #7 Exhibit 7-Zometa label 9-2004)(Womeldorf, Rebecca)
February 19, 2013 Filing 70 REPLY to Response to Motion re #65 MOTION for summary judgment filed by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1-Guenther Completed PFS with Exhibits, #2 Exhibit 2-Supplemental PFS Fact Sheet, #3 Exhibit 3-Johnson v Wyeth LLC, #4 Exhibit 4-Union Carbide Corp v Aubin, #5 Exhibit 5 -Third Restatement S 5 Liability Of Commercial Seller Or Distributor Of Product Components For Harm, #6 Exhibit 6-Sager v Hoffman-La Roche, #7 Exhibit 7-Hoffmann-La Roche Inc v Mason)(Womeldorf, Rebecca)
February 17, 2013 Filing 69 NOTICE by Donald Guenther, Nancy Guenther re #65 MOTION for summary judgment , #66 Statement of undisputed facts, #60 Order Notice of Re-Filing Plaintiffs' Opposition to Defendant's Motion for Summary Judgment (Attachments: #1 Exhibit 1 - MDL Docket No. 6033, #2 Exhibit 2 - MDL Docket No. 6034, #3 Exhibit 3 - MDL Docket No. 6035 part 1, #4 Exhibit 3 - MDL Docket No. 6035 part 2, #5 Exhibit 3 - MDL Docket No. 6035 part 3, #6 Exhibit 3 - MDL Docket No. 6035 part 4, #7 Exhibit 3 - MDL Docket No. 6035 part 5, #8 Exhibit 4 - MDL Docket No. 6036)(Vecchione, John)
February 14, 2013 Filing 68 MOTION for protective order by All Plaintiffs. (Rasco, Ramon) Motions referred to Magistrate Judge David A. Baker.
February 12, 2013 Filing 67 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The final pretrial conference hearing previously scheduled for 7/31/13 at 3:00 PM is rescheduled. New hearing time: Final Pretrial Conference set for 7/31/2013 at 01:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell (TKW)
February 6, 2013 Filing 66 STATEMENT of undisputed facts re: #65 MOTION for summary judgment by Novartis Pharmaceutical Corporation.. (Attachments: #1 Exhibit 1 - Aredia Package insert, #2 Exhibit 2 - Zometa Package Insert, #3 Exhibit 3 - Etidronate Disodium Label and Approval History, #4 Exhibit 4 - Aredia - HCM Approval 10-31-91, #5 Exhibit 5 - Aredia - Breast Cancer Approval 9-22-98, #6 Exhibit 6 - Zometa - HCM Approval 8-20-01, #7 Exhibit 7 - Zometa - MM Approval 2-22-02, #8 Exhibit 8 - FDA Orange Book Information on Zometa, #9 Exhibit 9 - Zometa FDA Approval Letter, 3-20-08, #10 Exhibit 10 - Berenson - Treatment of h...th BPs (Semin Oncol 2002), #11 Exhibit 11 - Marx, Robert E 10-20-11, #12 Exhibit 12 - Morgan - Evaluating the e...erall survival (JCO 2010, #13 Exhibit 13 - Ruggiero Practical Guidelines, #14 Exhibit 14 - Adverse Event Summary, #15 Exhibit 15 - Maladorno, Dionigi, #16 Exhibit 16 - Parisian, Suzanne MD (8-22-2009)., #17 Exhibit 17 - Skubitz, Keith M - 11-23-09, #18 Exhibit 18 - Vogel, James M 1-7-10, #19 Exhibit 19 - 5-15-07 Marx Dep, #20 Exhibit 20 - 12-8-09 Marx Dep, #21 Exhibit 21 -ZAEM-01866343, #22 Exhibit 22 - (Sealed) Clinical Expert...of the Maxillofacial Area, #23 Exhibit 23 - (Sealed) Roff Memorandum to Spaet, #24 Exhibit 24 - Green Email to Tarassoff, #25 Exhibit 25 - McGrath Dep, #26 Exhibit 26 - Parisian Appendix 4, #27 Exhibit 27 - (Sealed)ZAEM-01868223, #28 Exhibit 28 - Sterner Ltr to Orloff (9-26-03) (ZNDA-0108101-03), #29 Exhibit 29 - Marx - Pamidronate and Zo...ws (Letter to the Editor)., #30 Exhibit 30 - Orloff Letter to Sterner (3-24-04) (ZNDA-0108043)., #31 Exhibit 31 - Pazdur Ltr. to Miranda (2-27-2004), #32 Exhibit 32 - Hohneker, John 2-20-2008, #33 Exhibit 33 - Waddelow email ZAEM-01522242, #34 Exhibit 34 - Lund ADA Article (Dec. 2004), #35 Exhibit 35 - Dear Doctor Letter 9-24-04, #36 Exhibit 36 - Zometa Package Insert 2004, #37 Exhibit 37 - Parisian Daubert Hearing 4-11-11, #38 Exhibit 38 - Parisian Sessner, #39 Exhibit 39 - Marx, Robert 4-25-12, #40 Exhibit 40 - Marx Winter Trial Test 3-21-12, #41 Exhibit 41 - Marx Bessemer Trial Test 9-24-10, #42 Exhibit 42 - Secrest Trial Day 07 (Parisian)., #43 Exhibit 43 - Marx, Robert E, #44 Exhibit 44 - AAOMS Position Paper - 2009 Update., #45 Exhibit 45 - Schwartz Article., #46 Exhibit 46 - Khosla - Bisphosphonate, #47 Exhibit 47 - DHHS NIH Pathophysiology of Bisphonates, #48 Exhibit 48 - Gliklich - Epidemiology, #49 Exhibit 49 - Hoff Article., #50 Exhibit 50 - Estilo - Osteonecrosis of, #51 Exhibit 51 - Health Care Record of 3-19-78 4245-0089, #52 Exhibit 52 - Health Care Record of 9-5-07 6101-0019, #53 Exhibit 53 - Health Care Record of 4-9-99 4996-0019, #54 Exhibit 54 - Health Care Record of 5-1-02 6688-0006, #55 Exhibit 55 - Health Care Record of 9-28-99 5253-0046, #56 Exhibit 56 - Health Care Record of 5-2-05 1201-0007, #57 Exhibit 57 - Health Care Record of 5-9-02 4128-0009, #58 Exhibit 58 - Herceptin Label 2002, #59 Exhibit 59 - Health Care Record of 6-20-02 5955-0004, #60 Exhibit 60 - Health Care Record of 7-10-02 4842-0002, #61 Exhibit 61 - Durst III, F. Marion M.D., #62 Exhibit 62 - Health Care Record of 8-26-02 3158-0050, #63 Exhibit 63 - Health Care Record of 8-25-04 4901-0002, #64 Exhibit 64 - Health Care Record of 12-6-05 12898-0003, #65 Exhibit 65 - Health Care Record of 3-31-05 13011-0003, #66 Exhibit 66 - Health Care Record of 11-8-11 6181-0008, #67 Exhibit 67 - Health Care Record of 12-20-05 5178-0005., #68 Exhibit 68 - Health Care Record of 1-3-06 8429-0020, #69 Exhibit 69 - Health Care Record of 6-28-06 1325-0003, #70 Exhibit 70 - Health Care Record of 7-12-06 5215-0081, #71 Exhibit 71 - Health Care Record of 9-19-06 4914-0029, #72 Exhibit 72 - Health Care Record of 2-1-07 0908-0021, #73 Exhibit 73 - Health Care Record of 10-2-08 6814-0036, #74 Exhibit 74 - Health Care Record of 11-23-09 7619-0037, #75 Exhibit 75 - Health Care Record of 2-24-09 16773-0005, #76 Exhibit 76 - Health Care Record of 3-20-12 4942-0041, #77 Exhibit 77 - Health Care Record of 12-15-10 1092-007, #78 Exhibit 78 - Schaumberg, Jennifer D.D.S, #79 Exhibit 79 - Atkins, Miriam Jones, M, #80 Exhibit 80 - Simon, Kenneth D.O., #81 Exhibit 81 - Guenther, Nancy (Guenther v NPC, #82 Exhibit 82 - 3-6-09 Marx, Robert E, #83 Exhibit 83 - 9-12-11 Secrest Trial Day 02 (Marx)., #84 Exhibit 84 - 7-23-09 Marx, Robert E, #85 Exhibit 85 - Ray, Wayne Rebuttal Report 12-17-08, #86 Exhibit 86 - Fizazi., #87 Exhibit 87 - Henry, #88 Exhibit 88 - Stopeck, #89 Exhibit 89 - Dear Dentist Letter 5-5-05, #90 Exhibit 90 - Marx, Robert 3-19-12)(Womeldorf, Rebecca)
February 6, 2013 Filing 65 MOTION for summary judgment by Novartis Pharmaceutical Corporation. (Attachments: #1 Main Document MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, #2 Exhibit 1- Lipton 1997, #3 Exhibit 2- Coleman 2011, #4 Exhibit 3- Guenther - Armas expert report for NPC, #5 Exhibit 4- Saad 2007, #6 Exhibit 5 -Coleman 2011 Zoledronic Acid, #7 Exhibit 6- Espinosa v. Sparber, #8 Exhibit 7- Guenther v. NPC Complaint, #9 Exhibit 8- Upjohn v MacMurdo, #10 Exhibit 9- Ferayorni v Hyundai, #11 Exhibit 10- Hyundai v Ferayorni, #12 Exhibit 11- Wilson v Upjohn, #13 Exhibit 12 -Felix v Hoffman-LaRoche, #14 Exhibit 13- Eberhart v NPC, #15 Exhibit 14- Timmons v Purdue, #16 Exhibit 15- In re Trayslol 2011 WL 2117257, #17 Exhibit 16- In re Trayslol 2010 WL 6098570, #18 Exhibit 17-17 Fla. Stat. 768.1256, #19 Exhibit 18- 21 USC 393, #20 Exhibit 19- Pls' Disclosure of Experts in Wave IV cases, #21 Exhibit 20- In re Trasylol 2011 WL 7109297, #22 Exhibit 21- Bessemer v NPC, #23 Exhibit 22- Estate of Rotell ex rel. Rotell v. Kuehnle, #24 Exhibit 23- Kia Motors v Butler, #25 Exhibit 24- Alvarez v Gen Wire Spring, #26 Exhibit 25- Gargano v Philip Morris USA., #27 Exhibit 26- Light v Weldarc, #28 Exhibit 27- Cassisi v Maytag, #29 Exhibit 28- In re Fosamax, #30 Exhibit 29- Agrofollajes, S.A. v. E.I. Du Pont de Nemours & Co, #31 Exhibit 30- 21 U.S.C. 355, #32 Exhibit 31- Adams v G.D. Searle, #33 Exhibit 32- Cruz v Mylan, #34 Exhibit 33- Emerson v Novartis Pharmaceuticals Corp)(Womeldorf, Rebecca)
February 6, 2013 Filing 64 MOTION for miscellaneous relief, specifically TO SEAL PURSUANT TO PRIOR COURT ORDERS by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 -US ex rel Armfield v Gills, #2 Exhibit 2 -US ex rel Westfall v Axiom Worldwide Inc, #3 Exhibit 3 -Affidavit of Peter Tarassoff, #4 Exhibit 4 -Affidavit of Donald Davidson, #5 Exhibit 5 -Dopson-Troutt, R - Order granting Motion to file under seal)(Womeldorf, Rebecca)
February 6, 2013 Filing 63 DEFENDANT'S DAUBERT MOTION TO EXCLUDE CAUSATION TESTIMONY OF PLAINTIFFS' EXPERTS IN THE GUENTHER CASE, filed originally 3:06-md-1760 and filed herein pursuant to #60 Order. (Attachments: #1 Main Document Memorandum in Support of Daubert Motion to Exclude Causation Testimony of Plaintiffs' Experts, #2 Exhibit 01 Zometa Package Insert, #3 Exhibit 02 Zometa Package Insert, #4 Exhibit 03 Aredia - HCM Approval 10-31-91, #5 Exhibit 04 Aredia - Breast Cancer Approval 9-22-98, #6 Exhibit 05 Zometa - HCM Approval 8-20-01, #7 Exhibit 06 Zometa - MM Approval 2-22-02, #8 Exhibit 07 Marx 10-20-11 Dep, #9 Exhibit 08 Atkins, Miriam Jones, M, #10 Exhibit 09 Saad - Pathological Fractures, #11 Exhibit 10 Coleman - Zoledronic Acid Use in Cancer Patients, #12 Exhibit 11 Morgan - First Line Treatment, #13 Exhibit 12 Khosla - Bisphosphonate-Associated, #14 Exhibit 13 Ruggiero AAOMS Position Paper - 2009 Update, #15 Exhibit 14 Ruggiero Practical Guidelin, #16 Exhibit 15 Silverman -Osteonecrosis of the Jaw and the Role of Bisphosphonates, #17 Exhibit 16 Marx, Robert 4-25-12, #18 Exhibit 17 Health Care Record of 5-2-05 4128-0009, #19 Exhibit 18 Health Care Record of 4-9-99 4996-0019, #20 Exhibit 19 Health Care Record of 5-2-05 1201-0007, #21 Exhibit 20 Health Care Record of 5-1-02 6688-0006, #22 Exhibit 21 Health Care Record of 7-10-02 4842-0002., #23 Exhibit 22 Durst III, F. Marion M.D Dep, #24 Exhibit 23 3-6-09 Marx, Robert E Dep, #25 Exhibit 24 Health Care Record of 12-6-05 12898-0003, #26 Exhibit 25 Health Care Record of 11-8-11 6181-0008., #27 Exhibit 26 Simon, Kenneth D.O Dep, #28 Exhibit 27 Health Care Record of 7-12-06 5215-0081, #29 Exhibit 28 Health Care Record of 2-1-07 0908-0021, #30 Exhibit 29 Health Care Record of 10-2-08 6814-0036, #31 Exhibit 30 Health Care Record of 9-5-07 6101-0019, #32 Exhibit 31 Health Care Record of 3-20-12 4942-0041., #33 Exhibit 32 Health Care Record of 12-15-10 1092-007, #34 Exhibit 33 Marx, Robert E 10-20-11 Dep, #35 Exhibit 34 9-12-11 Secrest Trial Day 02 (Marx) Dep, #36 Exhibit 35 Health Care Record of 1-3-06 8429-0020, #37 Exhibit 36 Health Care Record of 8-25-04 4901-0002, #38 Exhibit 37 Health Care Record of 12-20-05 5178-0005, #39 Exhibit 38 Schaumberg, Jennifer D.D.S Dep., #40 Exhibit 39 Health Care Record of 6-28-06 1325-0003, #41 Exhibit 40 Rodriguez v Stryker Corp, #42 Exhibit 41 In re Aredia and Zometa (Simon), #43 Exhibit 42 In re Aredia and Zometa Products Liability Litigation., #44 Exhibit 43 Long v Monaco Coach Corp, #45 Exhibit 44 Memphis-Shelby County Airport Authority v Illinois Valley Paving, #46 Exhibit 45 Wal-Mart Stores Inc v Qore Inc, #47 Exhibit 46 Francois v Colonial Freight Systems Inc, #48 Exhibit 47 Rhodes Dep, #49 Exhibit 48 Bessemer Test, #50 Exhibit 49 Brookstein Dep)(Womeldorf, Rebecca) Modified on 2/28/2013 (LAM). Modified on 2/28/2013 (LAM).
February 6, 2013 Opinion or Order Filing 62 ORDER denying #58 Motion to Quash. Signed by Magistrate Judge David A. Baker on 2/5/2013. (LAK)
February 4, 2013 Filing 61 RESPONSE to Motion re #58 MOTION to quash Defendant's Subpoenas for Duplicative and Unnecessary Depositions, for Protective Order, and Memorandum of Law in Support filed by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 -Chiles- Order denying Motion to Quash, #2 Exhibit 2 -Guenther Completed PFS, #3 Exhibit 3 -10-24-2012 Kalas to Vecchione email, #4 Exhibit 4- Amended Notice of Deposition, #5 Exhibit 5 -Ohio Valley Environmental Coalition Inc v US Army Corps, #6 Exhibit 6 -Rose v State Farm Fire And Cas Co, #7 Exhibit 7 -In Re Heparin Liability Litigation v Baxter Healthcare Corp, #8 Exhibit 8 -Angiolillo v Collier County, #9 Exhibit 9 -Anglin v Maxim Healthcare Services, #10 Exhibit 10 - Case Management Order, #11 Exhibit 11 -ORDER of 5-30-08)(Womeldorf, Rebecca)
February 1, 2013 Opinion or Order Filing 60 ORDER requiring filing of motions for summary judgment, responses, replies. Signed by Judge Gregory A. Presnell on 2/1/2013. (ED)
February 1, 2013 Filing 59 NOTICE of hearing on motion #44 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Testimony of Plaintiffs' Expert Professor Wayne Ray with Supporting Memorandum of Law, #41 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Plaintiffs' Expert Dr. Suzanne Parisian with Supporting Memorandum of Law, #43 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Certain Testimony of Plaintiffs' Expert Dr. James Vogel with Supporting Memorandum of Law, #42 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Certain Testimony of Plaintiffs' Expert Dr. Keith Skubitz with Supporting Memorandum of Law, #40 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Certain Testimony of Plaintiffs' Expert Dr. Robert Marx with Supporting Memorandum of Law. Motion Hearing set for 3/8/2013 at 09:30 AM in Tampa Courtroom 17 before Judge Gregory A. Presnell. This hearing will be held in conjunction with Case No. 8:06-cv-1708-SCB-EAJ (over which the Honorable Susan C. Bucklew presides). Two hours have been set aside for this hearing.(TKW)
January 29, 2013 Filing 58 MOTION to quash Defendant's Subpoenas for Duplicative and Unnecessary Depositions, for Protective Order, and Memorandum of Law in Support by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Rasco, Ramon)
January 18, 2013 Filing 57 RESPONSE re #56 Notice of supplemental authority filed by Novartis Pharmaceutical Corporation. (Womeldorf, Rebecca)
January 11, 2013 Filing 56 UNOPPOSED NOTICE of supplemental authority IN OPPOSITION TO DEFENDANTS RE #40, #41, #42, #43 & #44 MOTIONS by Donald Guenther, Nancy Guenther (Attachments: #1 Exhibit A, #2 Exhibit B)(Rasco, Ramon) Modified on 1/14/2013 (IGC).
November 26, 2012 Opinion or Order Filing 55 ORDER denying #46 Motion to Seal Document. Signed by Judge Gregory A. Presnell on 11/26/2012. (ED)
November 20, 2012 Filing 54 RESPONSE in opposition re #46 MOTION to seal document filed by Donald Guenther, Nancy Guenther. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rasco, Ramon)
November 19, 2012 Filing 53 OBJECTION re #41 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Plaintiffs' Expert Dr. Suzanne Parisian with Supporting Memorandum of Law. (Attachments: #1 Exhibit Ex 1 - part 1, #2 Exhibit Ex 1 - part 2, #3 Exhibit Ex 2, #4 Exhibit Ex 3, #5 Exhibit Ex 4 - part 1, #6 Exhibit Ex 4 - part 2, #7 Exhibit Ex 4 - part 3, #8 Exhibit Ex 5 - part 1, #9 Exhibit Ex 5 - part 2, #10 Exhibit Ex 6, #11 Exhibit Ex 7, #12 Exhibit Ex 8, #13 Exhibit Ex 9, #14 Exhibit Ex 10, #15 Exhibit Ex 11, #16 Exhibit Ex 12, #17 Exhibit Ex 13, #18 Exhibit Ex 14)(Rasco, Ramon)
November 19, 2012 Filing 52 OBJECTION re #40 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Certain Testimony of Plaintiffs' Expert Dr. Robert Marx with Supporting Memorandum of Law. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Rasco, Ramon)
November 19, 2012 Filing 51 OBJECTION re #42 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Certain Testimony of Plaintiffs' Expert Dr. Keith Skubitz with Supporting Memorandum of Law. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Rasco, Ramon)
November 19, 2012 Filing 50 OBJECTION re #43 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Certain Testimony of Plaintiffs' Expert Dr. James Vogel with Supporting Memorandum of Law. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 - Part I, #5 Exhibit 4 - Part II, #6 Exhibit 5, #7 Exhibit 6)(Rasco, Ramon)
November 19, 2012 Filing 49 OBJECTION re #45 Request for oral argument and Daubert Evidentiary Hearings. (Attachments: #1 Exhibit Chart)(Rasco, Ramon)
November 19, 2012 Filing 48 OBJECTION re #44 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Testimony of Plaintiffs' Expert Professor Wayne Ray with Supporting Memorandum of Law. (Attachments: #1 Exhibit part 1, #2 Exhibit part 2, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Rasco, Ramon)
November 13, 2012 Filing 47 RESPONSE re #39 Notice of supplemental authority filed by Donald Guenther, Nancy Guenther. (Rasco, Ramon)
November 7, 2012 Filing 46 MOTION to seal document by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit) (this pleading & exhibit filed on public docket per attorney)(IGC)
November 5, 2012 Filing 45 REQUEST for oral argument re #41 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Plaintiffs' Expert Dr. Suzanne Parisian with Supporting Memorandum of Law, #42 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Certain Testimony of Plaintiffs' Expert Dr. Keith Skubitz with Supporting Memorandum of Law, #43 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Certain Testimony of Plaintiffs' Expert Dr. James Vogel with Supporting Memorandum of Law, #44 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Testimony of Plaintiffs' Expert Professor Wayne Ray with Supporting Memorandum of Law, #40 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Certain Testimony of Plaintiffs' Expert Dr. Robert Marx with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Womeldorf, Rebecca)
November 5, 2012 Filing 44 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Testimony of Plaintiffs' Expert Professor Wayne Ray with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - MDL ECF No. 2812, #2 Exhibit 2 - Strom - Pharmacoepidemiology, #3 Exhibit 3 - Dep. Tr. of Dr. James Vogel [4-2-09], #4 Exhibit 4 - Petrut, 2008, #5 Exhibit 5 - Saad, 2006, #6 Exhibit 6 - Saad 2007, #7 Exhibit 7 - Marx- Exposed Bone 2005, #8 Exhibit 8 - Gnant et al., Long-Term Follow-Up, #9 Exhibit 9 - Morgan Myeloma IX Study, #10 Exhibit 10 - Saad, 2008, #11 Exhibit 11 - 10-20-11 Marx Dep, #12 Exhibit 12 - Ray 2-20-09 Dep., #13 Exhibit 13 - Baur Article (2012), #14 Exhibit 14 - Kos Article (2010), #15 Exhibit 15 - Ray 2-21-09 Dep, #16 Exhibit 16 - Ray 2008 Report Part 1, #17 Exhibit 16 - Ray 2008 Report Part 2, #18 Exhibit 16 - Ray 2008 Report Part 3, #19 Exhibit 17 - Rebuttal Report, #20 Exhibit 18 - Revised Report, #21 Exhibit 19 - 2-27-10 Ray Dep, #22 Exhibit 20 - Addeo Article, #23 Exhibit 21 - Walter Article, #24 Exhibit 22 - Bailar, The Promise and Problems of Meta-Analysis, #25 Exhibit 23- Ray 9-12-09 Dep (Stevens)., #26 Exhibit 24 - Woo, et al., System Revie, #27 Exhibit 25 - Federal Judicial Center 2000, #28 Exhibit 26 - 4-23-10 Hr'g Tr, #29 Exhibit 27 - Ruggiero AAOMS 2009, #30 Exhibit 28 - AAOMS - Position Paper Mar. 2007, #31 Exhibit 29 - Khosla ASBMR 2007., #32 Exhibit 30 - Bamias Article, #33 Exhibit 31 - Dimopoulos Article, #34 Exhibit 32 - Hoff 2008, #35 Exhibit 33 - Cafro Article, #36 Exhibit 34 - Ibrahim Article, #37 Exhibit 35 - Mahaney Order, #38 Exhibit 36- FDA Guidance, #39 Exhibit 37 - Brodie Order, #40 Exhibit 38 - Marx - JOMS, 2003, #41 Exhibit 39 - Marx Reconstruction Article, #42 Exhibit 40 - Bessemer-Walsh - Order re exclude testimony of Dr. Ray, #43 Exhibit 41 - Henry 2011, #44 Exhibit 42 - Fizazi 2011, #45 Exhibit 43 - Stopeck Article (2010), #46 Exhibit 44 - Boonyapakorn Article, #47 Exhibit 45 - Bujanda Article, #48 Exhibit 46 - Ortega 2006 Article, #49 Exhibit 47 - Ortega Article, #50 Exhibit 48 - Sanna Article, #51 Exhibit 49 - Tassinari Article, #52 Exhibit 50 - Tosi Article, #53 Exhibit 51 - Walter Article)(Womeldorf, Rebecca)
November 5, 2012 Filing 43 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Certain Testimony of Plaintiffs' Expert Dr. James Vogel with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 -Order re Vogel Motion to Exclude Testimony 2811, #2 Exhibit 2 - Brodie order, #3 Exhibit 3 - Dep. Tr. of Dr. James Vogel [4-2-09], #4 Exhibit 4 - Petrut, 2008, #5 Exhibit 5 - Saad, 2006, #6 Exhibit 6 - Saad 2007, #7 Exhibit 7 - Marx- Exposed Bone (2005), #8 Exhibit 8 - Gnant et al., Long-Term Follow-Up, #9 Exhibit 9 - Morgan Myeloma IX Study., #10 Exhibit 10 - Saad, 2008, #11 Exhibit 11 - 10-20-11 Marx Dep, #12 Exhibit 12 - Vogel Expert Report, #13 Exhibit 13 - Deposition of Dr. Vogel [1-7-10]., #14 Exhibit 14 - Vogel CV, #15 Exhibit 15 - Marx 10-21-11, #16 Exhibit 16 - 4-25-12 Marx Dep, #17 Exhibit 17 - 8-29-12 Marx Dep., #18 Exhibit 18 - Health Care Record of 71002 [4842-0005]., #19 Exhibit 19 - Health Care Record of 71002 [4842-0002], #20 Exhibit 20 - Durst Dep, #21 Exhibit 21 - 3-6-09 Marx, #22 Exhibit 22 - LaVerde, 2008, #23 Exhibit 23 - Dep. of Dr. Marx [5-26-09], #24 Exhibit 24 - Dep of Dr. Marx [7-23-09], #25 Exhibit 25 - Dep of Dr. Marx [12-8-09], #26 Exhibit 26 - Pozzi 2009, #27 Exhibit 27 - Henry Abstract, #28 Exhibit 28 - Stopeck abstract, #29 Exhibit 29 - Henry 2011, #30 Exhibit 30 - Stopeck Article (2010), #31 Exhibit 31 - Fizazi 2011, #32 Exhibit 32 - Boonyapakorn, 2008, #33 Exhibit 33 - Dimopoulos 2006, #34 Exhibit 34 - Walter Article, #35 Exhibit 35 - Conklin, B - Order grant...for Summary Judgment #89, #36 Exhibit 36 - Corso, 2007, #37 Exhibit 37 - Rebuttal Report of Dr. Vogel)(Womeldorf, Rebecca)
November 5, 2012 Filing 42 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Certain Testimony of Plaintiffs' Expert Dr. Keith Skubitz with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - MDL Order ECF No. 2810, #2 Exhibit 2 - 4-2-09 Vogel Dep, #3 Exhibit 3 - Petrut Article (2008)., #4 Exhibit 4 - Saad Article (2006), #5 Exhibit 5 - Saad Article (2007), #6 Exhibit 6 - Marx Article (2005), #7 Exhibit 7 - 10-20-11 Marx Dep, #8 Exhibit 8 - Skubitz Report, #9 Exhibit 9 - Skubitz Dep I (2-16-09 and 4-27-09), #10 Exhibit 10 - Skubitz Rebuttal Report, #11 Exhibit 11 - Gnant Article (2011), #12 Exhibit 12 - Morgan Article (2010), #13 Exhibit 13 - Saad Article (2008), #14 Exhibit 14 - Corso Article (2007), #15 Exhibit 15 - 4-25-12 Marx Dep, #16 Exhibit 16 - 5-26-09 Marx Dep, #17 Exhibit 17 - 10-16-12 Trial Test. of Dr. Marx, #18 Exhibit 18 - 11-23-09 Skubitz Dep II, #19 Exhibit 19 - Hoff Article 2008, #20 Exhibit 20 - Dimopoulos Article (2006), #21 Exhibit 21 - Henry Abstract (2009), #22 Exhibit 22 - Stopeck abstract (2009), #23 Exhibit 23 - Henry 2011, #24 Exhibit 24 - Stopeck Article (2010), #25 Exhibit 25 - Fizazi 2011)(Womeldorf, Rebecca)
November 5, 2012 Filing 41 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Plaintiffs' Expert Dr. Suzanne Parisian with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - 1-24-12 Brodie Trial Test., #2 Exhibit 2 - 2816 - Order re Parisian Motion to Exclude Testimony, #3 Exhibit 3 - 4-11-11 Daubert Hr'g, #4 Exhibit 4 - Zimmerman Sept 2012 Order, #5 Exhibit 5 - Brown II 9-20-12, #6 Exhibit 6 - Brown I 1-9-12, #7 Exhibit 7 - Mahaney Order 11-15-11, #8 Exhibit 8 - Meng v NPC Order (8-8-12), #9 Exhibit 9 - Bessemer - Memorandum of Decision 4302010, #10 Exhibit 10 - Barnes v. EBI Medical Systems, Inc., et al, #11 Exhibit 11 - 4-2-09 Vogel Dep, #12 Exhibit 12 - Marx Article (2005)., #13 Exhibit 13 - Saad Article (2006)., #14 Exhibit 14 - Saad Article (2007)., #15 Exhibit 15 - Gnant Article (2011)., #16 Exhibit 16 - Morgan Article (2010)., #17 Exhibit 17 - Saad Article (2008)., #18 Exhibit 18 - 10-20-11 Marx Dep., #19 Exhibit 19 - Redacted Parisian Expert Report, #20 Exhibit 20 - Parisian Dep, #21 Exhibit 21 - 10-15-09 Trial Tr. (Stevens)., #22 Exhibit 22 - 4-17-09 Parisian Dep, #23 Exhibit 23 - Suzanne Parisian Deposi...yes v. C.B. Fleet 10-2-07., #24 Exhibit 24 - Georges v NPC (11-2-12), #25 Exhibit 25 - 3-18-08 Parisian Dep - Bextra, #26 Exhibit 26 - 5.2., #27 Exhibit 27 - 06-20-11 Parisian Daubert Hearing Transcript (Talley)., #28 Exhibit 28 - 2-03-10 Parisian Dep, #29 Exhibit 29 - 11-3-10 Fussman Trial Test, #30 Exhibit 30 - Fosamax Daubert Hearing, Parisian Dep, 7-10-09, #31 Exhibit 31 - Stevens v. NPC, 10-14-09 Order)(Womeldorf, Rebecca)
November 5, 2012 Filing 40 MOTION for miscellaneous relief, specifically Daubert Motion to Exclude Certain Testimony of Plaintiffs' Expert Dr. Robert Marx with Supporting Memorandum of Law by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - Order re Marx MDL ECF No. 2814, #2 Exhibit 2 - 4-25-12 Marx Dep, #3 Exhibit 3 - 4-2-09 Vogel Dep, #4 Exhibit 4 - Petrut Article (2008), #5 Exhibit 5 - Saad Article (2006), #6 Exhibit 6 - Saad Article (2007), #7 Exhibit 7 - 5-26-09 Marx Dep, #8 Exhibit 8 - 10-20-11 Marx Dep, #9 Exhibit 9 - Marx Article (2005), #10 Exhibit 10 - Gnant Article (2011), #11 Exhibit 11 - Morgan Article (2010), #12 Exhibit 12 - Saad Article (2008), #13 Exhibit 13 - Marx Report, #14 Exhibit 14 - Georges v NPC (11-2-12), #15 Exhibit 15 - Brodie v. NPC Order (1-20-12), #16 Exhibit 16 - Kyle v. NPC (9-12-11), #17 Exhibit 17 - 8-29-12 Dep. Tr. of Dr. Marx, #18 Exhibit 18 - Health Care Record of 7-10-02 [4842-0005], #19 Exhibit 19 - Health Care Record of 7-10-02 [4842-0002], #20 Exhibit 20 - Durst Dep (3-14-12), #21 Exhibit 21 - 3-6-09 Dep. of Dr. Marx, #22 Exhibit 22 - 10-16-12 Trial Test. of Dr. Marx, #23 Exhibit 23 - Pozzi Article (2009), #24 Exhibit 24 - 7-23-09 Dep. Tr. of Dr. Marx, #25 Exhibit 25 - 12-8-09 Dep. Tr. of Dr. Marx, #26 Exhibit 26 - Gliklich Article (2009), #27 Exhibit 27 - 1-17-12 Marx Kyle Testimony, #28 Exhibit 28 - Rebuttal Report, #29 Exhibit 29 - 5-18-07 Marx Dep, #30 Exhibit 30 - 5-15-07 Marx Dep, #31 Exhibit 31 - Marx Letters to the Editor (2003), #32 Exhibit 32 - ODAC Submission, #33 Exhibit 33 - 7-25-11 Marx Dep, #34 Exhibit 34 - 3-5-09 Marx Dep, #35 Exhibit 35 - 10-14-09 Marx Tr. of Test. of Dr. Robert Marx, #36 Exhibit 36 - Allen Article (2009), #37 Exhibit 37 - 8-21-09 Tr. of the Tria... Dr. Marx (Boles v Merck), #38 Exhibit 38 - Graham Russell Expert Report (12-3-08), #39 Exhibit 39 - Guise Expert Report (7-27-2010), #40 Exhibit 40 - Weiss MARX_ROBERT20090526-0102-0001, #41 Exhibit 41 - Bauss MARX_ROBERT20090526-0103-0001, #42 Exhibit 42 - Lin MARX_ROBERT20090526-0101-0001)(Womeldorf, Rebecca)
October 29, 2012 Filing 39 NOTICE of supplemental authority regarding its Motion for Summary Judgment and Daubert Motion to Exclude Causation Testimony of Plaintiffs' Non-Retained Expert Witnesses by Novartis Pharmaceutical Corporation (Spurgeon, Susan)
October 29, 2012 Opinion or Order Filing 38 ORDER adopting #35 REPORT AND RECOMMENDATION DENYING #28 MOTION to consolidate cases filed by Donald Guenther, Nancy Guenther. Signed by Judge Gregory A. Presnell on 10/29/2012. Copies mailed.(LAM)
October 22, 2012 Reset scheduling order deadlines: Final Pretrial Conference set for 7/31/2013 at 03:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell (MAL)
October 16, 2012 CASE REFERRED to mediation. (LMM)
October 16, 2012 Set/reset scheduling order deadlines: Discovery due by 2/15/2013, Pretrial statement due by 7/8/2013, All other motions due by 7/15/2013, Final Pretrial Conference set for 7/13/2012 at 03:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell, Jury Trial set for 9/9/2013 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell., Conduct mediation hearing by 4/30/2013. Lead counsel to coordinate dates., Defendant disclosure of expert report due by 4/5/2013, Plaintiff disclosure of expert report due by 4/5/2013. (LMM)
October 12, 2012 Opinion or Order Filing 37 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Gregory A. Presnell on 10/12/2012. (TKW)
October 12, 2012 Opinion or Order Filing 36 REPORT AND RECOMMENDATION as to the Case Management and Scheduling Order. Signed by Magistrate Judge David A. Baker on 10/12/2012. (LAK)
October 12, 2012 Filing 35 REPORT AND RECOMMENDATION that #28 MOTION to consolidate cases for trial be denied. Signed by Magistrate Judge David A. Baker on 10/12/2012. (LAK)
October 9, 2012 Filing 34 Minute Entry. Proceedings held before Magistrate Judge David A. Baker: PRELIMINARY PRETRIAL CONFERENCE held on 10/9/2012. (digital) (HSL)
October 5, 2012 Filing 33 CASE MANAGEMENT REPORT. (Attachments: #1 Exhibit 1- Chiles - Krause Remand, #2 Exhibit 2 - Chiles - The Trial term previously scheduled for 10_1_2012, #3 Exhibit 3- Krause Scheduling Order, #4 Exhibit 4 - 2-9-12 Vecchione letter, #5 Exhibit 5 - Kalas letter, #6 Exhibit 6- Case Management Order, #7 Exhibit 7- Protective Order, #8 Exhibit 8 -Order, #9 Exhibit 9- Dopson-Troutt Order, #10 Exhibit 10- PSC Submission, #11 Exhibit 11 - Tarassoff Affidavit, #12 Exhibit 12 - Davidson Affidavit, #13 Exhibit 13- Chiles Order re Quash)(Womeldorf, Rebecca)
October 5, 2012 Filing 32 RESPONSE to motion re #28 MOTION to consolidate cases for Trial and Supporting Memorandum of Law filed by Novartis Pharmaceutical Corporation. (Attachments: #1 Exhibit 1 - JPML Transfer Order 4-18-2006, #2 Exhibit 2- List of Federal AZ Cases Florida, #3 Exhibit 3 - Brodie v Novartis, #4 Exhibit 4- Kyle v. Novartis Pharm. Corp, #5 Exhibit 5-Brown v. Novartis Pharm, #6 Exhibit 6-Conklin v. Novartis Pharm. Corp, #7 Exhibit 7- In re Accutane Prods. Liab. Litig)(Womeldorf, Rebecca)
October 2, 2012 Opinion or Order Filing 31 ENDORSED ORDER granting #29 Motion to appear telephonically. Signed by Judge Gregory A. Presnell on 10/2/2012. (TKW)
October 1, 2012 Filing 30 NOTICE by Novartis Pharmaceutical Corporation (Womeldorf, Rebecca)
October 1, 2012 Filing 29 Joint MOTION for miscellaneous relief, specifically Joint Motion and Supporting Memorandum of Law to Permit Parties to Meet and Confer Telephonically filed by Novartis Pharmaceutical Corporation. (Womeldorf, Rebecca)
September 25, 2012 Filing 28 MOTION to consolidate cases for Trial and Supporting Memorandum of Law by All Plaintiffs. (Rasco, Ramon)
September 24, 2012 Set Case management report due by 10/5/2012. (MAA)
September 24, 2012 Opinion or Order Filing 27 NOTICE OF HEARING and ORDER granting #25 Motion to substitute attorney. The Preliminary Pretrial Conference is set for October 9, 2012 at 9:00 AM, in Courtroom #6D before Magsitrate David A. Baker. Signed by Magistrate Judge David A. Baker on 9/24/2012. (LAK)
September 24, 2012 Filing 26 Minute Entry. Proceedings held before Magistrate Judge David A. Baker: PRELIMINARY PRETRIAL CONFERENCE held on 9/24/2012. (digital) (HSL)
September 21, 2012 Filing 25 MOTION to substitute attorney by Donald Guenther, Nancy Guenther. (Attachments: #1 Text of Proposed Order Proposed Order)(Coates, Howard) Motions referred to Magistrate Judge David A. Baker.
September 21, 2012 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney John J. Vecchione appearing on behalf of Donald Guenther, Nancy Guenther (Filing fee $10 receipt number Orl-19860.) Related document: #8 MOTION for John J. Vecchione to appear pro hac vice (CH)
September 20, 2012 Filing 24 NOTICE by Novartis Pharmaceutical Corporation of Designation of Trial Counsel (Spurgeon, Susan)
September 20, 2012 Filing 23 NOTICE of compliance for Rebecca A. Womeldorf, Esq. by Novartis Pharmaceutical Corporation (Womeldorf, Rebecca)
September 20, 2012 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Rebecca A. Womeldorf appearing on behalf of Novartis Pharmaceutical Corporation (Filing fee $10 receipt number ORL-19853.) Related document: #18 MOTION for Rebecca A. Womeldorf to appear pro hac vice. (LMM)
September 19, 2012 Filing 22 Written designation and consent to act by Ramon A. Rasco on behalf of Donald Guenther, Nancy Guenther. Local Counsel: Ramon A. Rasco. Non-Resident Counsel: John J. Vecchione. (Rasco, Ramon)
September 19, 2012 Filing 21 NOTICE of Appearance by Ramon A. Rasco on behalf of Donald Guenther, Nancy Guenther (Rasco, Ramon)
September 13, 2012 Filing 20 NOTICE of Appearance by Michael J. Thomas on behalf of Novartis Pharmaceutical Corporation (Thomas, Michael)
September 12, 2012 Opinion or Order Filing 19 ENDORSED ORDER granting #18 motion to appear pro hac vice. Provided, all counsel shall register for and use the electronic filing system as adopted by the Court. After this Order, the Clerk will no longer send copies of docket entries by U.S. Mail to counsel in this case. Signed by Magistrate Judge David A. Baker on 9/12/2012. (Baker, David)
September 11, 2012 Filing 18 MOTION for Rebecca A. Womeldorf to appear pro hac vice by Novartis Pharmaceutical Corporation. (Spurgeon, Susan) Motions referred to Magistrate Judge David A. Baker.
September 11, 2012 Filing 17 NOTICE of Appearance as Local Counsel Appearance by Susan Kay Spurgeon on behalf of Novartis Pharmaceutical Corporation (Spurgeon, Susan)
September 10, 2012 Opinion or Order Filing 16 ORDER SCHEDULING PRELIMINARY PRETRIAL AND SCHEDULING CONFERENCE: Preliminary Pretrial Conference set for 9/24/2012 at 10:00 AM in Orlando Courtroom 6 D before Magistrate Judge David A. Baker signed by Judge David A. Baker on 9/10/12.(AKJ)
September 7, 2012 Filing 15 CERTIFIED CONDITIONAL REMAND ORDER entered on 9/5/2012 MDL No. 1760 In Re: Aredia and Zometa Products Liability Litiation. The actions on this conditional remand order are remanded to their respective transferor courts. The parties shall furnish the Clerk for the Middle District of Tennessee with a stipulation or designation of the contents of the record to be remanded and all necessary copies of any pleadings or other matter filed so as to enable said Clerk to comply with the order of remand. Signed by Jeffery N. Luthi, Clerk of the Panel.(GJS)
May 12, 2008 Filing 14 MULTIDISTRICT LITIGATION panel order (CTO 65) transferring case to: Middle District of Tennessee (Nashville) at their request. Transferee court case number: 3:08-cv-0491 MDL case number: 1760 (CBH)
April 30, 2008 Filing 13 RESPONSE re #6 Order to show cause, filed by Nancy Guenther, Donald Guenther. (Coates, Howard)
April 29, 2008 Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #11 Answer to complaint by Novartis Pharmaceutical Corporation. (Pigman, Heather)
April 29, 2008 Filing 11 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Novartis Pharmaceutical Corporation.(Pigman, Heather) Modified on 5/5/2008 to clarify text (CBH).
April 29, 2008 Opinion or Order Filing 10 ENDORSED ORDER granting #7 motion to appear pro hac vice; granting #8 motion to appear pro hac vice. Signed by Magistrate Judge David A. Baker on 4/29/2008. (Baker, David)
April 28, 2008 Filing 9 CERTIFICATE of interested persons and corporate disclosure statement re #3 Interested persons order by Nancy Guenther, Donald Guenther. (Coates, Howard)
April 28, 2008 Filing 8 MOTION for John J. Vecchione to appear pro hac vice by Nancy Guenther, Donald Guenther. (Coates, Howard) Motions referred to Magistrate Judge David A. Baker.
April 28, 2008 Filing 7 MOTION for Bart T. Valad to appear pro hac vice by Nancy Guenther, Donald Guenther. (Coates, Howard) Motions referred to Magistrate Judge David A. Baker.
April 22, 2008 Opinion or Order Filing 6 ORDER TO SHOW CAUSE to Plaintiffs Nancy Guenther, Donald Guenther as to why sanctions should not be imposed for failure to respond to the Interested Persons Order #3 filed 4/1/08 Signed by Judge Gregory A. Presnell on 4/22/2008. Response due within 11 days. (Counsel mailed/emailed)(AKJ)
April 16, 2008 Filing 5 NOTICE of pendency of related cases re #2 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Nancy Guenther, Donald Guenther. Related case(s): Yes (Coates, Howard)
April 1, 2008 Opinion or Order Filing 4 ORDER for Bart T. Valad, Howard K. Coates, Jr., and John J. Vecchione to comply with the administrative procedures regarding electronic filing. Signed by Judge Gregory A. Presnell on 4/1/2008. All counsel appearing have 30 days in which to take the tutorials on the Court's website OR classes offered by the Clerk's office and begin using the system. (Copies mailed)(AKJ)
April 1, 2008 Opinion or Order Filing 3 INTERESTED PERSONS ORDER for Plaintiffs. Certificate of interested persons and corporate disclosure statement due by 4/14/2008 Signed by Judge Gregory A. Presnell on 4/1/2008. (copies mailed)(AKJ)
April 1, 2008 Opinion or Order Filing 2 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 4/14/2008 Signed by Judge Gregory A. Presnell on 4/1/2008. (copies mailed/emailed)(AKJ)
March 28, 2008 Filing 1 COMPLAINT against Novartis Pharmaceutical Corporation; jury demand (Filing fee $ 350 - receipt number 27307) (RDO)
March 28, 2008 Summons issued as to Novartis Pharmaceutical Corporation. (RDO)

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Search for this case: Guenther et al v. Novartis Pharmaceutical Corporation
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Plaintiff: Nancy Guenther
Represented By: Bart T. Valad
Represented By: Ramon A. Rasco
Represented By: Elizabeth R. Odette
Represented By: Howard K. Coates, Jr.
Represented By: John J. Beins
Represented By: John Julian Vecchione
Represented By: S. Ranchor Harris, III
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Plaintiff: Donald Guenther
Represented By: Bart T. Valad
Represented By: Ramon A. Rasco
Represented By: Elizabeth R. Odette
Represented By: Howard K. Coates, Jr.
Represented By: John J. Beins
Represented By: John Julian Vecchione
Represented By: S. Ranchor Harris, III
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Defendant: Novartis Pharmaceutical Corporation
Represented By: Michael J. Thomas
Represented By: Rebecca Anne Womeldorf
Represented By: Donald W. Fowler
Represented By: Heather Ann Pigman
Represented By: Kirby T. Griffis
Represented By: Martin C. Calhoun
Represented By: Susan Kay Spurgeon
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