Merced et al v. Novartis Pharmaceuticals Corporation
| Robert Merced |
| Novartis Pharmaceuticals Corporation |
| 6:2021cv01287 |
| August 11, 2021 |
| US District Court for the Middle District of Florida |
| David A Baker |
| Roy B Dalton |
| Gregory J Kelly |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 24, 2021. A more recent docket listing may be available from PACER.
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| Filing 54 NOTICE of Appearance by Melanie H. Muhlstock on behalf of Robert Merced (Muhlstock, Melanie) |
| Filing 53 NOTICE of Appearance by Harrison Macy Biggs on behalf of Robert Merced (Biggs, Harrison) |
| Filing 52 BRIEF on Case Status in Merced by Novartis Pharmaceuticals Corporation. (Johnston, Robert) Modified text on 9/15/2021 (TNP). |
| Filing 51 Member Case BRIEF by Robert Merced. (Attachments: #1 Exhibit A - July 1, 2021 Plaintiffs' Letter to Judge Harz re: Tasigna Discovery Disputes, #2 Exhibit B - August 4, 2021 Plaintiffs' Letter to Judge Harz re: Tasigna Custodians)(Silverman, Raymond) Modified text on 9/15/2021 (TNP). |
| Filing 50 NOTICE of Appearance by Raymond C. Silverman on behalf of Robert Merced (Silverman, Raymond) |
| Filing 49 NOTICE of Appearance by Christopher Carl Oxx on behalf of Robert Merced (Oxx, Christopher) |
| Filing 48 NOTICE of Appearance by Joe Gregory Hollingsworth on behalf of Novartis Pharmaceuticals Corporation (Hollingsworth, Joe) |
| Filing 47 NOTICE of Appearance by Robert E. Johnston on behalf of Novartis Pharmaceuticals Corporation (Johnston, Robert) |
| Filing 46 NOTICE of Appearance by Grant Hollingsworth on behalf of Novartis Pharmaceuticals Corporation (Hollingsworth, Grant) |
| Filing 45 NOTICE of Appearance by Andrew L. Reissaus on behalf of Novartis Pharmaceuticals Corporation (Reissaus, Andrew) |
Filing 44
PRETRIAL ORDER NO. 1. Status Conference set for 9/28/2021 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. All motions pending as of the date of this Order are DENIED WITHOUT PREJUDICE. Parties seeking relief should renew any motions by refiling them in the individual member cases or in the lead case as appropriate. Signed by Judge Roy B. Dalton, Jr. on 8/31/2021. Associated Cases: 6:21-md-03006-RBD-DAB et al.(BIA) (Additional attachment(s) added on 9/1/2021: #1 Exhibit A) (BIA).
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| Filing 43 Case Reassigned to Magistrate Judge David A Baker per Order at Doc. 2 in case 6:21-md-3006-RBD-DAB. New case number: 6:21-cv-01287-RBD-DAB. Magistrate Judge Gregory J. Kelly no longer assigned to the case. (ALL) Modified on 8/16/2021 (ALL). |
| Filing 42 MULTIDISTRICT LITIGATION member case. Master MDL case number: 3006. Receipt of original record from the Middle District of Florida, case number: 8:20-cv-00587-WFJ-SPF. Assigned MDFL case number: 6:21-md-03006-RBD-GJK. (ALL) |
| Filing 41 Case transferred in from District of Florida Middle; Case Number 8:20-cv-00587. File received electronically |
| Filing 40 MULTIDISTRICT LITIGATION panel order transferring case to: Middle District of Florida (Orlando Division): MDL case number: 3006. (AG) [Transferred from flmd on 8/11/2021.] |
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Filing 39
ENDORSED ORDER granting #38 Attorney Christopher Oxx's Amended Motion to Appear Pro Hac Vice. Attorney Oxx meets the requirements of Local Rule 2.01(c), M.D. Fla., and may appear pro hac vice on behalf of Defendant.. Signed by Magistrate Judge Sean P. Flynn on 8/6/2021. (DK) [Transferred from flmd on 8/11/2021.]
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| Filing 38 Amended MOTION for Christopher Oxx to appear pro hac vice by Robert Merced. (Attachments: #1 Affidavit Special Admission Attorney Certification)(Albites, Francisco) Motions referred to Magistrate Judge Sean P. Flynn. [Transferred from flmd on 8/11/2021.] |
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Filing 37
ENDORSED ORDER granting #36 Defendant's Motion for Jessica Lu, Esq. to Appear Pro Hac Vice. Attorney Lu meets the requirements of Local Rule 2.01(c), M.D. Fla., and may appear pro hac vice on behalf of Defendant. Signed by Magistrate Judge Sean P. Flynn on 8/3/2021. (ACS) [Transferred from flmd on 8/11/2021.]
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| Filing 36 Amended MOTION for Jessica L. Lu to appear pro hac vice by Novartis Pharmaceuticals Corporation. (Attachments: #1 Affidavit Special Admission Certificate)(Thomas, Michael) Motions referred to Magistrate Judge Sean P. Flynn. [Transferred from flmd on 8/11/2021.] |
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Filing 35
ENDORSED ORDER denying without prejudice #33 Defendant's Motion for Jessica Lu to Appear Pro Hac Vice. On February 1, 2021, the Middle District of Florida's revised Local Rules became effective. Attorney Lu is directed to comply with the requirements set forth in the new Local Rule 2.01(c). In particular, Local Rule 2.01(c)(4) requires a lawyer moving for special admission in an action to "list each case in a state or federal court in Florida in which the lawyer has initially appeared in the last thirty-six months." Signed by Magistrate Judge Sean P. Flynn on 8/2/2021. (ACS) [Transferred from flmd on 8/11/2021.]
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Filing 34
ENDORSED ORDER denying without prejudice #32 Plaintiff's Motion for Christopher Oxx to Appear Pro Hac Vice. On February 1, 2021, the Middle District of Florida's revised Local Rules became effective. Attorney Christopher Oxx is directed to comply with the requirements set forth in the new Local Rule 2.01(c). In particular, Local Rule 2.01(c)(4) requires a lawyer moving for special admission in an action to "list each case in a state or federal court in Florida in which the lawyer has initially appeared in the last thirty-six months." Signed by Magistrate Judge Sean P. Flynn on 8/2/2021. (ACS) [Transferred from flmd on 8/11/2021.]
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| Filing 33 MOTION for Jessica L. Lu to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18538954 for $150 by Novartis Pharmaceuticals Corporation. (Attachments: #1 Affidavit Special Admissions Certificate)(Thomas, Michael) Motions referred to Magistrate Judge Sean P. Flynn. [Transferred from flmd on 8/11/2021.] |
| Filing 32 MOTION for Christopher Oxx to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18537916 for $150 by Robert Merced. (Attachments: #1 Special Admission Attorney Certification)(Albites, Francisco) Motions referred to Magistrate Judge Sean P. Flynn. [Transferred from flmd on 8/11/2021.] |
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Filing 31
ENDORSED ORDER denying without prejudice #29 Motion to Stay. Signed by Judge William F. Jung on 7/8/2021. (Jung, William) [Transferred from flmd on 8/11/2021.]
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| Filing 30 MEMORANDUM in opposition re #29 Motion to Stay filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Thomas, Michael) [Transferred from flmd on 8/11/2021.] |
| Filing 29 MOTION to Stay by Robert Merced. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Albites, Francisco) [Transferred from flmd on 8/11/2021.] |
| Filing 28 NOTICE OF RESCHEDULING HEARING: The final pretrial conference and jury trial previously scheduled for 12/9/2021 and the trial term beginning 1/3/2022 are rescheduled. New scheduling date and time: Final Pretrial Conference set for 6/9/2022 at 9:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. Jury Trial set for the July 2022 trial term commencing 7/5/2022 at 9:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. (CCB) [Transferred from flmd on 8/11/2021.] |
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Filing 27
ENDORSED ORDER granting #26 Motion to Amend Case Management and Scheduling Order. The CMSO is hereby amended. Plaintiff's expert disclosure due 1/12/2022; Defendant's expert disclosure due 2/2/2022; discovery cut-off is 3/8/2022; select mediator/schedule mediation by 3/10/2022; conduct mediation by 4/4/2022; and dispositive motion filing deadline is 4/12/2022. The joint pretrial statement is due 6/2/2022. Signed by Judge William F. Jung on 3/22/2021. (CCB) [Transferred from flmd on 8/11/2021.]
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| Filing 26 Joint MOTION to Modify #22 Case Management / FLSA / ADA / Social Security / Scheduling Order by Robert Merced. (Albites, Francisco) [Transferred from flmd on 8/11/2021.] |
| Filing 25 NOTICE of compliance re 15 Order on Motion to Appear Pro Hac Vice by Robert Merced. (Albites, Francisco) [Transferred from flmd on 8/11/2021.] |
| Filing 24 NOTICE of compliance re 19 Order on Motion to Appear Pro Hac Vice by Novartis Pharmaceuticals Corporation. (Thomas, Michael) [Transferred from flmd on 8/11/2021.] |
| Filing 23 STIPULATION re #21 Preliminary pretrial conference. Stipulated Confidentiality Agreement by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit Acknowledgement and Agreement)(Thomas, Michael) [Transferred from flmd on 8/11/2021.] |
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Filing 22
CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 10/12/2021, Final Pretrial Conference set for 12/9/2021 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung, Jury Trial set for the January 2022 trial term commencing 1/3/2022 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung, Conduct mediation hearing by 10/11/2021. Lead counsel to coordinate dates. Signed by Judge William F. Jung on 6/8/2020. (SAO) [Transferred from flmd on 8/11/2021.]
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| Filing 21 Minute Entry. Proceedings held before Judge William F. Jung: PRELIMINARY PRETRIAL CONFERENCE held on 6/8/2020. The parties should submit an agreed confidentiality agreement by 3:00 p.m. on 6/12/2020. Court Reporter: Tracey Aurelio (SAO) [Transferred from flmd on 8/11/2021.] |
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Filing 20
ORDER granting oral motion for entry of 502(d) order. Signed by Judge William F. Jung on 6/8/2020. (CCB) [Transferred from flmd on 8/11/2021.]
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Filing 19
ENDORSED ORDER granting motions to appear pro hac vice (docs. 16, 17, 18). Attorneys Andrew Reissaus, Donald McMinn, and Robert Johnston may appear pro hac vice on behalf of Defendant Novartis Pharmaceuticals Corporation, with Attorney Michael Thomas designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Sean P. Flynn on 6/5/2020. (ACS) [Transferred from flmd on 8/11/2021.]
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| Filing 18 MOTION for Robert E. Johnston to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16891831 for $150 by Novartis Pharmaceuticals Corporation. (Attachments: #1 Affidavit Special Admission Certificate)(Thomas, Michael) Motions referred to Magistrate Judge Sean P. Flynn. [Transferred from flmd on 8/11/2021.] |
| Filing 17 MOTION for Donald R. McMinn to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16891776 for $150 by Novartis Pharmaceuticals Corporation. (Attachments: #1 Affidavit Special Admission Certificate)(Thomas, Michael) Motions referred to Magistrate Judge Sean P. Flynn. [Transferred from flmd on 8/11/2021.] |
| Filing 16 MOTION for Andrew L. Reissaus to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16891718 for $150 by Novartis Pharmaceuticals Corporation. (Attachments: #1 Affidavit Special Admission Certificate)(Thomas, Michael) Motions referred to Magistrate Judge Sean P. Flynn. [Transferred from flmd on 8/11/2021.] |
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Filing 15
ENDORSED ORDER granting #14 Motion to Appear Pro Hac Vice. Attorney Raymond C. Silverman may appear pro hac vice on behalf of Plaintiffs, with Attorney Francisco A. Albites designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with the electronic filing requirements and file a notice of compliance with said requirement. Signed by Magistrate Judge Sean P. Flynn on 6/3/2020. (NCR) [Transferred from flmd on 8/11/2021.]
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| Filing 14 MOTION for Raymond C. Silverman to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16886869 for $150 by Robert Merced. (Albites, Francisco) Motions referred to Magistrate Judge Sean P. Flynn. [Transferred from flmd on 8/11/2021.] |
| Filing 13 NOTICE of TELEPHONIC HEARING re: #12 Case Management Report. Preliminary Pretrial Conference set for 6/8/2020 at 10:00 AM in Tampa Courtroom 15B before Judge William F. Jung. Counsel are directed to call the reserved conference toll-free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 0587 followed by the # (pound) key. This conference will be activated at 9:30 AM so the hearing may start promptly at 10:00 AM. (SAO) [Transferred from flmd on 8/11/2021.] |
| Filing 12 CASE MANAGEMENT REPORT. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Thomas, Michael) [Transferred from flmd on 8/11/2021.] |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #3 Related case order and track 2 notice by Novartis Pharmaceuticals Corporation identifying Corporate Parent Novartis Finance Corporation, Corporate Parent Novartis Corporation, a New York corporation, Corporate Parent Novartis Holding, AG, a Swiss company, Corporate Parent Novartis AG, a Swiss Company, whose American Depository Shares are publicly traded on the New York Stock Exchange for Novartis Pharmaceuticals Corporation.. (Thomas, Michael) [Transferred from flmd on 8/11/2021.] |
| Filing 10 CORPORATE Disclosure Statement by Novartis Pharmaceuticals Corporation identifying Corporate Parent Novartis Finance Corporation, a New York corporation, Corporate Parent Novartis Corporation, a New York corporation, Corporate Parent Novartis Holding, AG, a Swiss company, Corporate Parent Novartis AG, a Swiss Company, whose American Depository Shares are publicly traded on the New York Stock Exchange for Novartis Pharmaceuticals Corporation. (Thomas, Michael [Transferred from flmd on 8/11/2021.] |
| Filing 9 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Novartis Pharmaceuticals Corporation.(Thomas, Michael) [Transferred from flmd on 8/11/2021.] |
| Filing 8 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Robert Merced. Related case(s): yes (Albites, Francisco) [Transferred from flmd on 8/11/2021.] |
| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re #3 Related case order and track 2 notice by Robert Merced. (Albites, Francisco) [Transferred from flmd on 8/11/2021.] |
| Filing 6 RETURN of service executed on 3/16/20 by Robert Merced as to Novartis Pharmaceuticals Corporation. (Albites, Francisco) [Transferred from flmd on 8/11/2021.] |
| Filing 5 SUMMONS issued as to Novartis Pharmaceuticals Corporation. (BSN) [Transferred from flmd on 8/11/2021.] |
| Filing 4 PROPOSED summons to be issued by Estate of Elvia Rivera, Robert Merced. (Albites, Francisco) [Transferred from flmd on 8/11/2021.] |
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Filing 3
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Counsel and any unrepresented party shall meet within sixty days after service of the complaint upon any defendant for the purpose of preparing and filing a Case Management Report. Signed by Judge William F. Jung on 3/13/2020. (SAO) [Transferred from flmd on 8/11/2021.]
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| Filing 2 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Sean P. Flynn. New case number: 8:20-cv-587-T-02SPF. (SJB) [Transferred from flmd on 8/11/2021.] |
| Filing 1 COMPLAINT against Novartis Pharmaceuticals Corporation with Jury Demand (Filing fee $ 400 receipt number 113A-16585769) filed by Robert Merced, Estate of Elvia Rivera. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit Case Caption)(Albites, Francisco) [Transferred from flmd on 8/11/2021.] |
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