Tonge v. Novartis Pharmaceuticals Corporation
Plaintiff: Ronald Tonge
Defendant: Novartis Pharmaceuticals Corporation
Case Number: 6:2021cv01335
Filed: August 17, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: David A Baker
Referring Judge: Roy B Dalton
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 14, 2021 Filing 63 CERTIFICATE of interested persons and corporate disclosure statement by Ronald Tonge. (Elias, Richard)
September 14, 2021 Filing 62 Member Case BRIEF by Ronald Tonge. (Elias, Richard) Modified text on 9/15/2021 (TNP).
September 14, 2021 Filing 61 BRIEF on Case Status in Tonge by Novartis Pharmaceuticals Corporation. (Johnston, Robert) Modified text on 9/15/2021 (TNP).
September 14, 2021 Filing 60 NOTICE of Appearance by Richard Milton Elias on behalf of Ronald Tonge (Elias, Richard)
September 14, 2021 Filing 59 NOTICE of Appearance by Lawana Sue Wichmann on behalf of Ronald Tonge (Wichmann, Lawana)
September 14, 2021 Filing 58 NOTICE of Appearance by Joe Gregory Hollingsworth on behalf of Novartis Pharmaceuticals Corporation (Hollingsworth, Joe)
September 13, 2021 Filing 57 NOTICE of Appearance by Robert E. Johnston on behalf of Novartis Pharmaceuticals Corporation (Johnston, Robert)
September 13, 2021 Filing 56 NOTICE of Appearance by Andrew L. Reissaus on behalf of Novartis Pharmaceuticals Corporation (Reissaus, Andrew)
September 13, 2021 Filing 55 NOTICE of Appearance by Grant Hollingsworth on behalf of Novartis Pharmaceuticals Corporation (Hollingsworth, Grant)
August 31, 2021 Opinion or Order Filing 54 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).
August 17, 2021 Filing 53 MULTIDISTRICT LITIGATION member case. Master MDL case number: 3006 Receipt of original record from the Middle District of Florida, case number: 2:20-cv-00168-JLB-NPM. Assigned MDFL case number: 6:21-cv-01335-RBD-DAB. (ALL)
August 17, 2021 Filing 52 Case transferred in from District of Florida Middle; Case Number 2:20-cv-00168. File received electronically
August 16, 2021 Filing 51 MULTIDISTRICT LITIGATION panel order transferring case to: Middle District of Florida Transferee court case number: 2:20-cv-168-JLB-NPM; MDL case number: 6:21-md-3006-RBD-GJK (SMG) [Transferred from flmd on 8/17/2021.]
July 23, 2021 Opinion or Order Filing 50 ORDER: Plaintiff's motion to stay (#46) is GRANTED. This case is STAYED until August 23, 2021 or until the JPML issues its ruling on Plaintiff's pending motion to transfer, whichever first occurs. See Order for details. Signed by Judge John L. Badalamenti on 7/23/2021. (VK) [Transferred from flmd on 8/17/2021.]
July 22, 2021 Filing 49 NOTICE of supplemental authority re #46 MOTION to Stay by Novartis Pharmaceuticals Corporation. (Thomas, Michael) [Transferred from flmd on 8/17/2021.]
July 7, 2021 Filing 48 REPLY to Response to Motion re #46 MOTION to Stay filed by Ronald Tonge. (Attachments: #1 Exhibit A to Pl's Reply iso Motion to Stay)(Elias, Richard) [Transferred from flmd on 8/17/2021.]
July 6, 2021 Filing 47 MEMORANDUM in opposition re #46 Motion to Stay filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Thomas, Michael) [Transferred from flmd on 8/17/2021.]
June 22, 2021 Filing 46 MOTION to Stay by Ronald Tonge. (Attachments: #1 Supplement Proposed Order on Motion to Stay, #2 Supplement Memo In Supp of Motion, #3 Supplement Declaration Supp Motion, #4 Exhibit A to Declaration, #5 Exhibit B to Declaration)(Elias, Richard) Modified on 6/23/2021 to reflect counsel notified as to use of full case number (MLS). [Transferred from flmd on 8/17/2021.]
April 5, 2021 Opinion or Order Filing 45 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 2/22/2022, Dispositive motions due by 3/21/2022, Pretrial statement due by 8/12/2022, All other motions due by 8/10/2022, Plaintiff disclosure of expert report due by 9/27/2021, Defendant disclosure of expert report due by 11/24/2021, Final Pretrial Conference set for 8/26/2022, Jury Trial term set for 9/1/2022, Conduct mediation hearing by 2/28/2022. Lead counsel to coordinate dates. Signed by Magistrate Judge Nicholas P. Mizell on 4/5/2021. (WRW) [Transferred from flmd on 8/17/2021.]
April 5, 2021 Opinion or Order Filing 44 ENDORSED ORDER granting #43 Joint Motion for Modification of Case Management and Scheduling Order. The Court will enter an Amended Case Management and Scheduling Order separately. Signed by Magistrate Judge Nicholas P. Mizell on 4/5/2021. (SM) [Transferred from flmd on 8/17/2021.]
April 2, 2021 Filing 43 Joint MOTION to Modify #34 Case Management / FLSA / ADA / Social Security / Scheduling Order by Ronald Tonge. (Friedman, Todd) Motions referred to Magistrate Judge Nicholas P. Mizell. [Transferred from flmd on 8/17/2021.]
March 16, 2021 Opinion or Order Filing 42 ORDER granting #41 Amended Unopposed Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Nicholas P. Mizell on 3/16/2021. (SM) [Transferred from flmd on 8/17/2021.]
March 15, 2021 Filing 41 AMENDED document by Novartis Pharmaceuticals Corporation. Amendment to #40 Order on Motion to Appear Pro Hac Vice 39 - Motion to Appear Pro Hac Vice. (Attachments: #1 Affidavit Special Admission Certificate)(Thomas, Michael) Modified on 3/16/2021 (SM). [Transferred from flmd on 8/17/2021.]
March 15, 2021 Opinion or Order Filing 40 ORDER denying without prejudice #39 Motion to Appear Pro Hac Vice. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 3/15/2021. (brh) [Transferred from flmd on 8/17/2021.]
March 11, 2021 Filing 39 Unopposed MOTION for Grant W. Hollingsworth to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17988663 for $150 by Novartis Pharmaceuticals Corporation. (Attachments: #1 Affidavit Special Admission Certificate)(Thomas, Michael) Motions referred to Magistrate Judge Nicholas P. Mizell. [Transferred from flmd on 8/17/2021.]
July 30, 2020 Filing 38 NOTICE OF RESCHEDULING HEARING (presiding judge): Final Pretrial Conference set for 2/25/2022 at 1:30 PM in Ft. Myers Courtroom 6B before Judge John L. Badalamenti, Trial term commencing 3/1/2022 at 9:00 AM in Ft. Myers Courtroom 6B before Judge John L. Badalamenti (previously set before Judge Sheri Polster Chappell). (SMG) [Transferred from flmd on 8/17/2021.]
July 6, 2020 Filing 37 NOTICE of Agreed Mediator re 29 Order by Novartis Pharmaceuticals Corporation. (Thomas, Michael) [Transferred from flmd on 8/17/2021.]
June 18, 2020 Filing 36 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Novartis Pharmaceuticals Corporation.(Thomas, Michael) [Transferred from flmd on 8/17/2021.]
June 16, 2020 Filing 35 Case Reassigned to John L. Badalamenti. New case number: 2:20-cv-168-FtM-66NPM. Judge Sheri Polster Chappell no longer assigned to the case. (RMT) [Transferred from flmd on 8/17/2021.]
June 11, 2020 ***PRO HAC VICE FEES paid by attorney Richard Elias, appearing on behalf of Ronald Tonge (Filing fee $150 receipt number FTM014634.) Related document: #26 MOTION for Richard M. Elias to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16892590 for $150 . (SPB) [Transferred from flmd on 8/17/2021.]
June 5, 2020 Opinion or Order Filing 34 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 7/6/2020, Discovery due by 8/25/2021, Dispositive motions due by 9/22/2021, Plaintiff disclosure of expert report due by 3/26/2021, Defendant disclosure of expert report due by 5/26/2021, Final Pretrial Conference set for 2/25/2022 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial term commencing 3/1/2022 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell., Conduct mediation hearing by 9/1/2021. Lead counsel to coordinate dates. Signed by Magistrate Judge Nicholas P. Mizell on 6/5/2020. (WRW) [Transferred from flmd on 8/17/2021.]
June 4, 2020 Opinion or Order Filing 33 ORDERED: Defendant Novartis Pharmaceuticals Corp.'s Motion to Dismiss or in the Alternative, Motion for More Definite Statement (Doc. #9) is DENIED. Defendant must answer the Complaint on or before June 18, 2020. Signed by Judge Sheri Polster Chappell on 6/4/2020. (AEH) [Transferred from flmd on 8/17/2021.]
June 4, 2020 Opinion or Order Filing 32 ORDER granting 31 ORAL JOINT Motion for entry of 502 (d) Order. Signed by Magistrate Judge Nicholas P. Mizell on 6/4/2020. (WRW) (WRW). [Transferred from flmd on 8/17/2021.]
June 4, 2020 Filing 31 JOINT ORAL MOTION for the entry of 502 (d) Order. (WRW) [Transferred from flmd on 8/17/2021.]
June 4, 2020 Filing 30 Minute Entry. Proceedings held before Magistrate Judge Nicholas P. Mizell: PRELIMINARY PRETRIAL CONFERENCE held on 6/4/2020. (DIGITAL) (WRW) [Transferred from flmd on 8/17/2021.]
June 4, 2020 Opinion or Order Filing 29 ENDORSED ORDER. The parties are DIRECTED to file a notice of agreed mediator by July 6, 2020. Signed by Magistrate Judge Nicholas P. Mizell on 6/4/2020. (HAP) [Transferred from flmd on 8/17/2021.]
June 4, 2020 Opinion or Order Filing 28 ENDORSED ORDER denying #26 the unopposed motion for Richard M. Elias to appear by special admission. Mr. Elias is a member of the Florida Bar and has applied for general admission to this Court. Pending the completion of that process, Mr. Elias may appear in this matter. Signed by Magistrate Judge Nicholas P. Mizell on 6/4/2020. (HAP) [Transferred from flmd on 8/17/2021.]
June 4, 2020 Opinion or Order Filing 27 ORDER granting #23, #24, and #25 Defendant's Unopposed Motions to Appear Pro Hac Vice, Designation of Local Counsel, and Designation of Trial Counsel. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 6/4/2020. (HAP) [Transferred from flmd on 8/17/2021.]
June 4, 2020 Filing 26 MOTION for Richard M. Elias to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16892590 for $150 by Ronald Tonge. (Attachments: #1 Affidavit Special Admission Certification Form)(Friedman, Todd) Motions referred to Magistrate Judge Nicholas P. Mizell. [Transferred from flmd on 8/17/2021.]
June 4, 2020 Filing 25 MOTION for Robert E. Johnston to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16891584 for $150 by Novartis Pharmaceuticals Corporation. (Attachments: #1 Affidavit Special Admission Certificate)(Thomas, Michael) Motions referred to Magistrate Judge Nicholas P. Mizell. [Transferred from flmd on 8/17/2021.]
June 4, 2020 Filing 24 MOTION for Donald R. McMinn to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16891546 for $150 by Novartis Pharmaceuticals Corporation. (Attachments: #1 Affidavit Special Admission Certificate)(Thomas, Michael) Motions referred to Magistrate Judge Nicholas P. Mizell. [Transferred from flmd on 8/17/2021.]
June 4, 2020 Filing 23 MOTION for Andrew L. Reissaus to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16891498 for $150 by Novartis Pharmaceuticals Corporation. (Attachments: #1 Affidavit Special Admission Certificate)(Thomas, Michael) Motions referred to Magistrate Judge Nicholas P. Mizell. [Transferred from flmd on 8/17/2021.]
June 4, 2020 Filing 22 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Preliminary Pretrial Conference hearing previously scheduled for 6/4/2020 at 10:00 AM is rescheduled. New hearing time: Preliminary Pretrial Conference set for 6/4/2020 at 11:00 AM before Magistrate Judge Nicholas P. Mizell. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 20168. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. [Transferred from flmd on 8/17/2021.]
June 3, 2020 Filing 21 Written designation and consent to act by Richard M. Elias on behalf of Ronald Tonge. Local Counsel: Todd R. Friedman. Non-Resident Counsel: Richard M. Elias. (Attachments: #1 Exhibit Special Admission Certification Form)(Friedman, Todd) [Transferred from flmd on 8/17/2021.]
June 1, 2020 Filing 20 NOTICE re 12 Notice of hearing for Preliminary Pretrial Conference. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 20168. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW) [Transferred from flmd on 8/17/2021.]
May 26, 2020 Filing 19 NOTICE of pendency of related cases re #5 Track Two Notice and Corporate Disclosure Order per Local Rule 1.04(d) by Ronald Tonge. Related case(s): yes (Friedman, Todd) [Transferred from flmd on 8/17/2021.]
May 26, 2020 Filing 18 PRETRIAL AND DISCOVERY PLAN. (Attachments: #1 Exhibit Exhibit 1 - Proposed Confidentiality Order)(Friedman, Todd) [Transferred from flmd on 8/17/2021.]
May 26, 2020 Filing 17 CASE MANAGEMENT REPORT. (Friedman, Todd) [Transferred from flmd on 8/17/2021.]
May 26, 2020 Filing 16 NOTICE of Appearance by Todd R. Friedman on behalf of Ronald Tonge (Friedman, Todd) [Transferred from flmd on 8/17/2021.]
May 12, 2020 Filing 15 REPLY MEMORANDUM in support re #9 Motion to Dismiss Complaint or in the alternative Motion for more definite statement filed by Novartis Pharmaceuticals Corporation. (Thomas, Michael) [Transferred from flmd on 8/17/2021.]
May 4, 2020 Opinion or Order Filing 14 ENDORSED ORDER granting #13 Novartis Pharmaceuticals Corporation's Motion for Leave to File a Reply in Support of its Motion to Dismiss or, in the Alternative, Motion for More Definite Statement. Defendant may file a reply, not to exceed six pages, to its #9 motion by May 12, 2020. Signed by Magistrate Judge Nicholas P. Mizell on 5/4/2020. (HAP) [Transferred from flmd on 8/17/2021.]
May 4, 2020 Filing 13 MOTION for Leave to file a Reply in support re #9 Motion to Dismiss Complaint or , MOTION for Miscellaneous Relief, specifically More Definite Statement by Novartis Pharmaceuticals Corporation. (Thomas, Michael) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 5/5/2020 (MLJ). [Transferred from flmd on 8/17/2021.]
April 29, 2020 Filing 12 NOTICE of hearing: Preliminary Pretrial Conference set for 6/4/2020 at 10:00 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report on or before 5/28/2020.(WRW) [Transferred from flmd on 8/17/2021.]
April 23, 2020 Filing 11 MEMORANDUM in opposition re #9 Motion to Dismiss filed by Ronald Tonge. (Osborne, Joseph) [Transferred from flmd on 8/17/2021.]
April 9, 2020 Filing 10 CORPORATE Disclosure Statement re #5 Track Two Notice and Corporate Disclosure Order 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 8/17/2021.]
April 9, 2020 Filing 9 MOTION to Dismiss COMPLAINT or in the alternative MOTION for more definite statement and memorandum of law in support by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit 1)(Thomas, Michael) [Transferred from flmd on 8/17/2021.]
April 3, 2020 Filing 8 NOTICE of pendency of related cases re #5 Track Two Notice and Corporate Disclosure Order per Local Rule 1.04(d) by Ronald Tonge. Related case(s): yes (Osborne, Joseph) [Transferred from flmd on 8/17/2021.]
March 23, 2020 Filing 7 RETURN of service executed on 03/13/2020 by Ronald Tonge as to Novartis Pharmaceuticals Corporation. (Osborne, Joseph) [Transferred from flmd on 8/17/2021.]
March 20, 2020 Filing 6 TRACK TWO NOTICE AND CORPORATE DISCLOSURE ORDER. Notice of pendency of other actions due by 4/3/2020. Signed by All Divisional Judges on 3/20/2020. (WRW) Double entry in error. [Transferred from flmd on 8/17/2021.]
March 20, 2020 Filing 5 TRACK TWO NOTICE AND CORPORATE DISCLOSURE ORDER. Notice of pendency of other actions due by 4/3/2020. Signed by All Divisional Judges on 3/20/2020. (jmc) [Transferred from flmd on 8/17/2021.]
March 12, 2020 Filing 4 POSSIBLE MDL Tag Along case for MDL, Information emailed to MDL Panel on 3/12/2020, including cover letter, copy of complaint, and docket sheet. (Attachments: #1 Complaint, #2 Docket Sheet) (MLJ) [Transferred from flmd on 8/17/2021.]
March 12, 2020 Filing 3 SUMMONS issued as to Novartis Pharmaceuticals Corporation. (MLJ) [Transferred from flmd on 8/17/2021.]
March 12, 2020 Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:20-cv-168-FtM-38NPM. (SJB) [Transferred from flmd on 8/17/2021.]
March 12, 2020 Filing 1 COMPLAINT against Novartis Pharmaceuticals Corporation with Jury Demand (Filing fee $ 400 receipt number 113A-16586142) filed by RONALD TONGE. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Osborne, Joseph) [Transferred from flmd on 8/17/2021.]

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Plaintiff: Ronald Tonge
Represented By: Todd R. Friedman
Represented By: James Robert Bell
Represented By: Richard Milton Elias
Represented By: Joseph A. Osborne
Represented By: Lawana Sue Wichmann
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Defendant: Novartis Pharmaceuticals Corporation
Represented By: Michael J. Thomas
Represented By: Andrew L. Reissaus
Represented By: Donald R. McMinn
Represented By: Jacqueline A.R. Root
Represented By: Kathryn L. Hood
Represented By: Robert E. Johnston
Represented By: Joe Gregory Hollingsworth
Represented By: Grant Hollingsworth
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