Lally v. Novartis Pharmaceuticals Corporation
Plaintiff: Stephen Lally
Defendant: Novartis Pharmaceuticals Corporation
Case Number: 6:2021cv01336
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
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Docket Report

This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2021 Opinion or Order Filing 36 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 35 MULTIDISTRICT LITIGATION member case. Master MDL case number: 3006 Receipt of original record from the Southern District of New York, case number: 1:20-cv-02359-LAP. Assigned MDFL case number: 6:21-cv-01336-RBD-DAB. (ALL)
August 17, 2021 Filing 34 Case transferred in from District of New York Southern; Case Number 1:20-cv-02359. File received electronically
August 17, 2021 Filing 33 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Middle District of Florida. (Signed by MDL Panel on 8/10/21) (sjo) [Transferred from nysd on 8/17/2021.]
August 17, 2021 MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - Middle District of Florida. (sjo) [Transferred from nysd on 8/17/2021.]
July 9, 2021 Opinion or Order Filing 32 ORDER granting #26 MOTION to Stay. Before the Court is Plaintiff's motion to stay these proceedings pending the resolution of a motion to transfer under 28 U.S.C. 1407 by the Judicial Panel on Multidistrict Litigation. The motion to stay is GRANTED in order to avoid (1) potential inconsistent rulings on the anticipated motion(s) by Plaintiff to compel production by Novartis and (2) the scheduling of depositions of treating doctors before any such motion to compel can be resolved. In the interim, the parties should continue collecting and producing documents already requested and around which there is no dispute. SO ORDERED. (Signed by Judge Loretta A. Preska on 7/9/2021) (va) [Transferred from nysd on 8/17/2021.]
July 8, 2021 Filing 31 REPLY to Response to Motion re: #26 MOTION to Stay . . Document filed by Stephen Lally. (Attachments: #1 Exhibit A, #2 Exhibit B).(Silverman, Raymond) [Transferred from nysd on 8/17/2021.]
July 2, 2021 Filing 30 RESPONSE in Opposition to Motion re: #26 MOTION to Stay . . Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit 1).(Howell, Kelly) [Transferred from nysd on 8/17/2021.]
June 29, 2021 Opinion or Order Filing 29 MEMO ENDORSEMENT on re: #28 Letter filed by Stephen Lally. ENDORSEMENT: SO ORDERED. ( Responses due by 7/2/2021, Replies due by 7/8/2021.) (Signed by Judge Loretta A. Preska on 6/29/2021) (va) Modified on 7/2/2021 (va). [Transferred from nysd on 8/17/2021.]
June 28, 2021 Filing 28 JOINT LETTER addressed to Judge Loretta A. Preska from Raymond C. Silverman and Andrew L. Reissaus dated June 28, 2021 re: Courts Order dated June 23, 2021. Document filed by Stephen Lally..(Silverman, Raymond) [Transferred from nysd on 8/17/2021.]
June 23, 2021 Opinion or Order Filing 27 ORDER: Counsel shall confer and propose by letter a briefing schedule for Plaintiff's recently filed motion to stay. (See dkt. no. 26.). SO ORDERED. (Signed by Judge Loretta A. Preska on 6/23/2021) (ama) [Transferred from nysd on 8/17/2021.]
June 22, 2021 Filing 26 MOTION to Stay . Document filed by Stephen Lally. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Silverman, Raymond) [Transferred from nysd on 8/17/2021.]
May 5, 2021 Filing 25 JOINT LETTER addressed to Judge Loretta A. Preska from Grant W. Hollingsworth, Esq. dated May 5, 2021 re: Discovery Status. Document filed by Novartis Pharmaceuticals Corporation..(Howell, Kelly) [Transferred from nysd on 8/17/2021.]
March 4, 2021 Opinion or Order Filing 24 ORDER FOR ADMISSION PRO HAC VICE for ROBERT E. JOHNSTON granting #23 Motion for Robert E. Johnston to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Loretta A. Preska on 3/4/2021) (va) [Transferred from nysd on 8/17/2021.]
March 3, 2021 Filing 23 MOTION for Robert E. Johnston to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit Affirmation in Support, #2 Affidavit of Robert E. Johnston in Support of Motion for Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing - DC, #4 Exhibit Certificate of Good Standing - MD, #5 Exhibit Certificate of Good Standing - MT, #6 Exhibit Certificate of Good Standing - Court of Appeals of MD, #7 Text of Proposed Order).(Johnston, Robert) [Transferred from nysd on 8/17/2021.]
March 3, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Robert E. Johnston to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from nysd on 8/17/2021.]
February 25, 2021 Opinion or Order Filing 22 ORDER FOR ADMISSION PRO HAC VICE for ANDREW L. REISSAUS granting #20 Motion for Andrew L. Reissaus to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Loretta A. Preska on 2/25/2021) (va) [Transferred from nysd on 8/17/2021.]
February 25, 2021 Opinion or Order Filing 21 ORDER FOR ADMISSION PRO HAC VICE for GRANT W. HOLLINGSWORTH granting #18 Motion for Grant W. Hollingsworth to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Loretta A. Preska on 2/25/2021) (va) [Transferred from nysd on 8/17/2021.]
February 24, 2021 Filing 20 MOTION for Andrew L. Reissaus to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit Affirmation in Support, #2 Affidavit of Andrew L. Reissaus in Support of Motion for Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing - VA, #4 Exhibit Certificate of Good Standing - DC, #5 Text of Proposed Order).(Reissaus, Andrew) [Transferred from nysd on 8/17/2021.]
February 24, 2021 Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert E. Johnston to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24069225. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit Affirmation in Support, #2 Affidavit of Robert E. Johnston in Support of Motion for Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing - MT - Mont., #4 Exhibit Certificate of Good Standing - MD, #5 Exhibit Certificate of Good Standing - DC, #6 Text of Proposed Order).(Johnston, Robert) Modified on 2/24/2021 (aea). [Transferred from nysd on 8/17/2021.]
February 24, 2021 Filing 18 MOTION for Grant W. Hollingsworth to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24069075. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit Affirmation in Support, #2 Affidavit of Grant W. Hollingsworth in Support of Motion for Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing - MD, #4 Exhibit Certificate of Good Standing - DC, #5 Text of Proposed Order).(Hollingsworth, Grant) [Transferred from nysd on 8/17/2021.]
February 24, 2021 Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Andrew L. Reissaus to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24068427. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit Affirmation in Support, #2 Affidavit of Andrew L. Reissaus in Support of Motion for Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing - VA, #4 Exhibit Certificate of Good Standing - DC, #5 Text of Proposed Order).(Reissaus, Andrew) Modified on 2/24/2021 (aea). [Transferred from nysd on 8/17/2021.]
February 24, 2021 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #17 MOTION for Andrew L. Reissaus to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24068427. Motion and supporting papers to be reviewed by Clerk's Office staff. #19 MOTION for Robert E. Johnston to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24069225. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Dkt. 17 Affidavit is not notarized; Dkt 19. Missing Certificate of Good Standing from the Supreme Court of Montana and the Court of Appeals of Maryland. Re-file the motions as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea) [Transferred from nysd on 8/17/2021.]
February 24, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Andrew L. Reissaus to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) [Transferred from nysd on 8/17/2021.]
February 24, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Grant W. Hollingsworth to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24069075. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) [Transferred from nysd on 8/17/2021.]
February 5, 2021 Minute Entry for proceedings held before Judge Loretta A. Preska: Initial Pretrial Conference held via telephone on 2/5/2021. (mph) [Transferred from nysd on 8/17/2021.]
February 5, 2021 Opinion or Order Filing 16 CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: The case is to be tried to a jury. All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. 636(c). Any pre-motion conference in connection with a motion to amend or join additional parties must be requested by 5/6/2021. Discovery due by 4/7/2022. Fact Discovery due by 12/6/2021. Non-expert depositions are to be completed by 12/6/2021. Expert Discovery due by 4/7/2022. Plaintiff's expert depositions shall be completed no later than 3/7/2022. Defendant's expert Deposition due by 4/7/2022. Motions due by 5/5/2022. Counsel shall confer and inform the Court by letter no later than May 5, 2021 of the status of discovery and of related cases. (Signed by Judge Loretta A. Preska on 2/5/2021) (va) [Transferred from nysd on 8/17/2021.]
February 2, 2021 Opinion or Order Filing 15 ORDER IMPLEMENTING FEDERAL RULE OF EVIDENCE 502(d): Accordingly, it is hereby ORDERED: The Joint Motion for Entry of a 502(d) Order is GRANTED. (Signed by Judge Loretta A. Preska on 2/2/2021) Copies furnished to: Counsel of Record. (va) [Transferred from nysd on 8/17/2021.]
February 2, 2021 Opinion or Order Filing 14 DISCOVERY CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Loretta A. Preska on 2/2/2021) (js) [Transferred from nysd on 8/17/2021.]
February 1, 2021 Filing 13 JOINT LETTER addressed to Judge Loretta A. Preska from Kelly Jones Howell dated 2/1/2021 Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Proposed Discovery Confidentiality Order, #2 Proposed Rule 502(d) Order).(Howell, Kelly) [Transferred from nysd on 8/17/2021.]
February 1, 2021 Filing 12 NOTICE OF APPEARANCE by Christopher Carl Oxx on behalf of Stephen Lally..(Oxx, Christopher) [Transferred from nysd on 8/17/2021.]
January 29, 2021 Filing 11 PROPOSED SCHEDULING ORDER. Document filed by Novartis Pharmaceuticals Corporation..(Howell, Kelly) [Transferred from nysd on 8/17/2021.]
January 29, 2021 Opinion or Order Filing 10 ORDER: The conference scheduled for February 5, 2021 at 9:30 a.m will occur as a teleconference using the dial-in 877-402-9753, access code: 6545179. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/29/2021) (ks) [Transferred from nysd on 8/17/2021.]
January 7, 2021 Opinion or Order Filing 9 ORDER OF CONFERENCE: It is hereby ORDERED that counsel are directed to appear via telephone on February 5, 2021 at 9:30 a.m. for an Initial Pretrial conference in the above action. The dial-in for the conference is (888) 363-4734, access code 4645450. SO ORDERED. Initial Conference set for 2/5/2021 at 09:30 AM before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 1/7/2021) (va) [Transferred from nysd on 8/17/2021.]
April 20, 2020 Filing 8 NOTICE OF APPEARANCE by Marina Plotkin on behalf of Novartis Pharmaceuticals Corporation..(Plotkin, Marina) [Transferred from nysd on 8/17/2021.]
April 10, 2020 Filing 7 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Novartis Pharmaceuticals Corporation..(Howell, Kelly) [Transferred from nysd on 8/17/2021.]
April 10, 2020 Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. 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. Document filed by Novartis Pharmaceuticals Corporation..(Howell, Kelly) [Transferred from nysd on 8/17/2021.]
March 18, 2020 Filing 5 ELECTRONIC SUMMONS ISSUED as to Novartis Pharmaceuticals Corporation..(pc) [Transferred from nysd on 8/17/2021.]
March 18, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Raymond Charles Silverman. The following case opening statistical information was erroneously selected/entered: Dollar Demand blank;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $75,000;. (pc) [Transferred from nysd on 8/17/2021.]
March 18, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Loretta A. Preska. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) [Transferred from nysd on 8/17/2021.]
March 18, 2020 Case Designated ECF. (pc) [Transferred from nysd on 8/17/2021.]
March 18, 2020 Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) [Transferred from nysd on 8/17/2021.]
March 17, 2020 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Stephen Lally..(Silverman, Raymond) [Transferred from nysd on 8/17/2021.]
March 17, 2020 Filing 3 CIVIL COVER SHEET filed..(Silverman, Raymond) [Transferred from nysd on 8/17/2021.]
March 17, 2020 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Novartis Pharmaceuticals Corporation, re: #1 Complaint. Document filed by Stephen Lally..(Silverman, Raymond) [Transferred from nysd on 8/17/2021.]
March 17, 2020 Filing 1 COMPLAINT against Novartis Pharmaceuticals Corporation. (Filing Fee $ 400.00, Receipt Number ANYSDC-19142702)Document filed by Stephen Lally..(Silverman, Raymond) [Transferred from nysd on 8/17/2021.]

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Plaintiff: Stephen Lally
Represented By: Christopher Oxx
Represented By: Raymond C. Silverman
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Defendant: Novartis Pharmaceuticals Corporation
Represented By: Andrew L. Reissaus
Represented By: Grant Hollingsworth
Represented By: Kelly Jones Howell
Represented By: Marina Plotkin
Represented By: Robert E. Johnston
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