Garland v. Novartis Pharmaceuticals Corporation
| Allen Garland |
| Novartis Pharmaceuticals Corporation |
| 6:2021cv01315 |
| August 13, 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 14, 2021. A more recent docket listing may be available from PACER.
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| Filing 58 Member Case BRIEF by Allen Garland. (Elias, Richard) Modified text on 9/15/2021 (TNP). |
| Filing 57 BRIEF on Case Status in Garland by Novartis Pharmaceuticals Corporation. (Johnston, Robert) Modified text on 9/15/2021 (TNP). |
| Filing 56 NOTICE of Appearance by Richard Milton Elias on behalf of Allen Garland (Elias, Richard) |
| Filing 55 NOTICE of Appearance by Lawana Sue Wichmann on behalf of Allen Garland (Wichmann, Lawana) |
| Filing 54 NOTICE of Appearance by Joe Gregory Hollingsworth on behalf of Novartis Pharmaceuticals Corporation (Hollingsworth, Joe) |
| Filing 53 NOTICE of Appearance by Robert E. Johnston on behalf of Novartis Pharmaceuticals Corporation (Johnston, Robert) |
| Filing 52 NOTICE of Appearance by Grant Hollingsworth on behalf of Novartis Pharmaceuticals Corporation (Hollingsworth, Grant) |
| Filing 51 NOTICE of Appearance by Andrew L. Reissaus on behalf of Novartis Pharmaceuticals Corporation (Reissaus, Andrew) |
Filing 50
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 49 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-01315-RBD-DAB. Magistrate Judge Gregory J. Kelly no longer assigned to the case. (ALL) |
| Filing 48 MULTIDISTRICT LITIGATION member case. Master MDL case number: 3006 Receipt of original record from the Southern District of Illinois, case number: 3:20-cv-00269-JPG. Assigned MDFL case number: 6:21-cv-01315-RBD-GJK. (ALL) |
| Filing 47 Case transferred in from District of Illinois Southern; Case Number 3:20-cv-00269. File received electronically |
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Filing 46
ORDER TRANSFERRING CASE TO OTHER DISTRICT (1): Case transferred to Middle District of Florida in regards to MDL No.3006 In Re: Tasigna (Nilotnib) Products Liability Litigation. (amv) [Transferred from ilsd on 8/13/2021.]
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| Filing 45 Preliminary Conditional Order (MDL-3006) as assigned by Judicial Panel on Multidistrict Litigation. (clt) [Transferred from ilsd on 8/13/2021.] |
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Filing 44
ORDER GRANTING Plaintiff Allen Garland's #39 Motion to Stay, FINDING AS MOOT his #42 Request for Expedited Hearing, and STAYING this case for 60 days. Signed by Judge J. Phil Gilbert on 6/29/2021. (cab). [Transferred from ilsd on 8/13/2021.]
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| Filing 43 REPLY to Response to Motion re #39 MOTION to Stay , #42 MOTION to Stay re #40 Memorandum in Support of Motion, #39 MOTION to Stay filed by Allen Garland. (Attachments: #1 Exhibit Order Granting Stay (W.D. Ark.), #2 Exhibit JPML - Plaintiff's Reply Brief)(Friedman, Todd) [Transferred from ilsd on 8/13/2021.] |
| Filing 42 MOTION to Stay re #40 Memorandum in Support of Motion, #39 MOTION to Stay by All Plaintiffs. (Attachments: #1 Exhibit JPML Notice of Hearing)(Friedman, Todd) [Transferred from ilsd on 8/13/2021.] |
| Filing 41 MEMORANDUM in Opposition re #39 MOTION to Stay filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Ex. 1 - Plaintiff Allen Garland - Quoted Pages, #2 Ex. 2 - Dr. James Althoff Quotes, #3 Ex. 3 - Dr. Matthew Koch - Quotes Pages, #4 Ex. 4 - NPC JPML Opp, #5 Ex. 5 - Second Amended Notice of Deposition of Dr. Mohamed Zayed, #6 Ex. 6 - Email re Zayed deposition)(Swartwout, Charles) [Transferred from ilsd on 8/13/2021.] |
| Filing 40 MEMORANDUM in Support re #39 MOTION to Stay filed by Allen Garland. (Attachments: #1 Affidavit Declaration of Richard M. Elias, #2 Exhibit A, #3 Exhibit B)(Elias, Richard) [Transferred from ilsd on 8/13/2021.] |
| Filing 39 MOTION to Stay by Allen Garland. (Elias, Richard) [Transferred from ilsd on 8/13/2021.] |
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Filing 38
ORDER granting #37 Motion to Appear Pro Hac Vice by Attorney Wichmann on behalf of Plaintiff Garland. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/13/2021.]
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| Filing 37 MOTION to Appear Pro Hac Vice by Attorney Lawana S. Wichmann by on behalf of All Plaintiffs. (Wichmann, Lawana) [Transferred from ilsd on 8/13/2021.] |
| Filing 36 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #35 Motion to Appear Pro Hac Vice filed by Allen Garland. Login used andsignature do not match. Filer will re-file document. Filer may bypass the payment screens as payment has already been received. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/13/2021.] |
| Filing 35 ENTRY STRICKEN: MOTION to Appear Pro Hac Vice by Attorney James G. Onder $200 fee paid,receipt number 0754-4489470 by on behalf of All Plaintiffs. (Onder, James) Modified on 5/27/2021 (lmb). [Transferred from ilsd on 8/13/2021.] |
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Filing 34
ORDER GRANTING #33 Joint MOTION to Continue Scheduling Order filed by Allen Garland. The Final Pretrial Conference is continued to 3/1/2022 at 9:00 AM with a Jury Trial date of 3/14/2022 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Discovery due by 11/5/2021. Dispositive Motions due by 11/23/2021. Signed by Judge J. Phil Gilbert on 5/17/2021. (tag) [Transferred from ilsd on 8/13/2021.]
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| Filing 33 Joint MOTION to Continue Scheduling Order by Allen Garland. (Attachments: #1 Exhibit Amended Joint Report and Proposed Scheduling Order)(Elias, Richard) [Transferred from ilsd on 8/13/2021.] |
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Filing 32
ORDER granting #31 Motion to Appear Pro Hac Vice of Attorney Grant Hollingsworth on behalf of Novartis Pharmaceuticals Corporation. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/13/2021.]
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| Filing 31 MOTION to Appear Pro Hac Vice by Attorney Grant W. Hollingsworth $200 fee paid,receipt number 0754-4466104 by on behalf of Novartis Pharmaceuticals Corporation. (Hollingsworth, Grant) [Transferred from ilsd on 8/13/2021.] |
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Filing 30
ORDER GRANTING #29 Joint MOTION to Amend/Correct Scheduling Order filed by Novartis Finance Corporation. Discovery due by 8/6/2021. Dispositive Motions due by 8/23/2021. Signed by Judge J. Phil Gilbert on 2/9/2021. (tag) [Transferred from ilsd on 8/13/2021.]
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| Filing 29 Joint MOTION to Amend/Correct Scheduling Order by Novartis Pharmaceuticals Corporation. (Swartwout, Charles) [Transferred from ilsd on 8/13/2021.] |
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Filing 28
ORDER granting #27 Motion to Appear Pro Hac Vice by Attorney Todd R. Friedman on behalf of Plaintiff, Allen Garland. (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/13/2021.]
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| Filing 27 MOTION to Appear Pro Hac Vice by Attorney Todd R. Friedman $200 fee paid,receipt number 0754-4202771 by on behalf of All Plaintiffs. (Friedman, Todd) [Transferred from ilsd on 8/13/2021.] |
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Filing 26
SCHEDULING AND DISCOVERY ORDER: The Joint Report of Parties is approved and entered. The Final Pretrial Conference is continued to 12/1/2021 at 9:00 AM with a Jury Trial date of 12/13/2021 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Discovery due by 7/23/2021. Dispositive Motions due by 8/23/2021. Signed by Judge J. Phil Gilbert on 6/5/2020. (Attachments: #1 Joint Report)(tag) [Transferred from ilsd on 8/13/2021.]
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Filing 25
ORDER granting #22 Motion to Appear Pro Hac Vice by Attorney Robert E. Johnston on behalf of defendant, Novartis Pharmaceuticals Corporation.(tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/13/2021.]
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Filing 24
ORDER granting #21 Motion to Appear Pro Hac Vice by Attorney Donald R. McMinn on behalf of defendant, Novartis Pharmaceuticals Corporation (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/13/2021.]
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Filing 23
ORDER granting #20 Motion to Appear Pro Hac Vice by Attorney Andrew L. Reissaus on behalf of defendant, Novartis Pharmaceuticals Corporation. (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/13/2021.]
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| Filing 22 MOTION to Appear Pro Hac Vice by Attorney Robert E. Johnston $200 fee paid,receipt number 0754-4194643 by on behalf of Novartis Pharmaceuticals Corporation. (Johnston, Robert) [Transferred from ilsd on 8/13/2021.] |
| Filing 21 MOTION to Appear Pro Hac Vice by Attorney Donald Robertson McMinn $200 fee paid,receipt number 0754-4194612 by on behalf of Novartis Pharmaceuticals Corporation. (McMinn, Donald) [Transferred from ilsd on 8/13/2021.] |
| Filing 20 MOTION to Appear Pro Hac Vice by Attorney Andrew Lane Reissaus $200 fee paid,receipt number 0754-4194449 by on behalf of Novartis Pharmaceuticals Corporation. (Reissaus, Andrew) [Transferred from ilsd on 8/13/2021.] |
| Filing 19 NOTICE by Novartis Pharmaceuticals Corporation re Case Track Designation (Swartwout, Charles) [Transferred from ilsd on 8/13/2021.] |
| Filing 18 Corporate Disclosure Statement by Novartis Pharmaceuticals Corporation identifying Corporate Parent Novartis AG, Corporate Parent Novartis Corporation, Corporate Parent Novartis Holding, AG, Corporate Parent Novartis Finance Corporation for Novartis Pharmaceuticals Corporation. (Swartwout, Charles) [Transferred from ilsd on 8/13/2021.] |
| Filing 17 ANSWER to #1 Complaint by Novartis Pharmaceuticals Corporation.(Swartwout, Charles) [Transferred from ilsd on 8/13/2021.] |
| Filing 16 NOTICE of Appearance by Charles J. Swartwout on behalf of Novartis Pharmaceuticals Corporation (Swartwout, Charles) [Transferred from ilsd on 8/13/2021.] |
| Filing 15 Mail Returned as Undeliverable. Summons (Issued) sent to Attorney James G. Onder. (ack) [Transferred from ilsd on 8/13/2021.] |
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Filing 14
ORDER GRANTING #12 Motion for Extension of Time. The parties must submit the Joint Report and Proposed Scheduling and Discovery Order by June 3. Signed by Judge J. Phil Gilbert on 5/13/2020. (cab). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/13/2021.]
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| Filing 13 SUMMONS Returned Executed by Allen Garland. Novartis Pharmaceuticals Corporation served on 5/8/2020, answer due 5/29/2020. (Elias, Richard) [Transferred from ilsd on 8/13/2021.] |
| Filing 12 MOTION for Extension of Time to Submit Joint Report of Parties and Proposed Scheduling and Discovery Order by Allen Garland. (Elias, Richard) [Transferred from ilsd on 8/13/2021.] |
| Filing 11 Summons Issued as to Novartis Pharmaceuticals Corporation with original sent to Attorney Onder. (mar) [Transferred from ilsd on 8/13/2021.] |
| Filing 10 CJRA TRACK B assigned: Final Pretrial Conference is set for 4/7/2021 at 9:00 AM with a Jury Trial date of 4/19/2021 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Parties are to submit a Joint Report of Parties regarding Proposed Scheduling and Discovery Order within 21 days of the entry of this filing. Scheduling/Discovery and Settlement Conferences will NOT be set for hearing unless requested by the parties or deemed necessary by the Court. (tag) [Transferred from ilsd on 8/13/2021.] |
| Filing 9 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge J. Phil Gilbert for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 20-cv-269-JPG. (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/13/2021.] |
| Filing 8 NOTICE OF MODIFICATION re 7 Notice (Other) filed by Allen Garland. Incorrect event selected. Select the event that most closely matches the document being filed. For this document, the correct event is "Consent/Non-Consent to U.S. Magistrate Judge" under the heading "Civil > Other Documents". Docket text modified to reflect the correct document. No further action required by the filer (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/13/2021.] |
| Filing 6 NOTICE: Allen Garland was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, Allen Garland shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 4/13/2020 (tba) [Transferred from ilsd on 8/13/2021.] |
| Filing 5 NOTICE of Appearance by James G. Onder on behalf of All Plaintiffs (Onder, James) [Transferred from ilsd on 8/13/2021.] |
| Filing 4 NOTICE of Appearance by Richard M Elias on behalf of Allen Garland (Elias, Richard) [Transferred from ilsd on 8/13/2021.] |
| Filing 3 NOTICE OF ACTION See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Onder does not have a Notice of Appearance on file in this case. (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/13/2021.] |
| Filing 2 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Allen Garland. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 20-cv-269-RJD. Consent due by 4/3/2020 (tba) [Transferred from ilsd on 8/13/2021.] |
| Filing 1 COMPLAINT against Novartis Pharmaceuticals Corporation ( Filing fee $ 400 receipt number 0754-4139252.), filed by Allen Garland. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Onder, James) [Transferred from ilsd on 8/13/2021.] |
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