JOHNSON et al v. BRISTOL-MYERS SQUIBB COMPANY et al
| MICHAEL MCCOLLUM, JOAN RHOADS, JOSEPH RODARTE, CHARLES JOHNSON and SHERRIE MAGUIRE |
| BRISTOL-MYERS SQUIBB COMPANY, CINDY PIERCE, OTSUKA AMERICA PHARMACEUTICAL INC, CARRIE STILES and OTSUKA PHARMACEUTICAL CO LTD |
| 3:2018cv01612 |
| August 2, 2018 |
| US District Court for the Northern District of Florida |
| Pensacola Office |
| XX US, Outside State |
| GARY R JONES |
| M CASEY RODGERS |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on September 28, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 49 MOTION to Remand to State Court by CHARLES JOHNSON, SHERRIE MAGUIRE, MICHAEL MCCOLLUM, JOAN RHOADS, JOSEPH RODARTE. (TRINH, GARRY) |
| Filing 48 NOTICE REGARDING ADMISSION TO PRACTICE as to Attorneys, Adam K. Bult, Mackenzie Warren and Maximilien Fetaz representing OTSUKA AMERICA PHARMACEUTICAL INC., CARRIE STILES and CINDY PIERCE. (Attachments: #1 Amended Order [ECF No. 12] MDL 2734) (djb) |
| Filing 47 NOTICE REGARDING ADMISSION TO PRACTICE as to Attorney, Michael R. Esposito representing Defendant, BRISTOL-MYERS SQUIBB COMPANY. (Attachments: #1 Amended Order [ECF No. 12] MDL 2734) (djb) |
| Filing 46 NOTICE REGARDING ADMISSION TO PRACTICE as to Attorney, Erika Pike Turner representing Defendant, BRISTOL-MYERS SQUIBB COMPANY. (Attachments: #1 Amended Order [ECF No. 12] MDL 2734) (djb) |
| Filing 45 NOTICE REGARDING ADMISSION TO PRACTICE as to Attorney, Peter C Wetherall representing Plaintiffs. (Attachments: #1 Amended Order [ECF No. 12] MDL 2734) (djb) |
| Filing 44 NOTICE REGARDING ADMISSION TO PRACTICE as to Attorney, Nathan R. Morris representing plaintiffs. (Attachments: #1 Amended Order [ECF No. 12] MDL 2734) (djb) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #42 Case Transferred In - District Transfer, #1 Notice of Removal (djb) |
| Filing 43 NOTICE of Appearance by THOMAS LARRY HILL on behalf of BRISTOL-MYERS SQUIBB COMPANY (HILL, THOMAS) |
| Filing 42 Case electronically transferred in from District of Nevada; Case Number 3:18-cv-00143. Original file with documents numbered 1 - 41 received. Modified on 8/3/2018 (djb). |
| Filing 41 CERTIFIED COPY OF TRANSFER ORDER IN RE: Abilify (Aripiprazole) Products Liability Litigation, MDL No. 2734 : ORDERED that the action listed on Schedule A is transferred to the Northern District of Florida and, with the consent of that court, assigned to the Honorable M. Casey Rodgers for coordinated or consolidated pretrial proceedings. Signed by Sarah S. Vance, Chair, Panel on Multidistrict Litigation. (Copies have been distributed pursuant to the NEF - DRM) [Transferred from Nevada on 8/2/2018.] |
| Filing 40 COPY OF TRANSFER ORDER IN RE: Abilify (Aripiprazole) ProductsLiability Litigation, MDL No. 2734 : Plaintiffs in the Johnson action listed on Schedule A below moved under Panel Rule 7.1 to vacate the order that conditionally transferred Johnson to the Northern District of Florida for inclusion in MDL No. 2734. Defendants Bristol-Myers Squibb Company, Otsuka Pharmaceutical Co., Ltd., and Otsuka America Pharmaceutical, Inc., oppose the motion. After considering the parties arguments, we find that Johnson involves common questions of fact with the actions transferred to MDL No. 2734, and that transfer under 28 U.S.C. 1407 will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. IT IS THEREFORE ORDERED that the action listed on Schedule A is transferred to the Northern District of Florida and, with the consent of that court, assigned to the Honorable M. Casey Rodgers for coordinated or consolidated pretrial proceedings. Signed by Sarah S. Vance, Chair, Panel on Multidistrict Litigation. (Attachments: #1 Notice of Electronic Filing, #2 Notice of Electronic Filing)(DRM) [Transferred from Nevada on 8/2/2018.] |
| Filing 39 SUMMONS Returned Executed by Sherrie Maguire, Joan Rhoads, Charles Johnson, Joseph Rodarte, Michael McCollum. Otsuka Pharmaceutical Co, Ltd served on 3/20/2018, answer due 4/10/2018. (Wetherall, Peter) [Transferred from Nevada on 8/2/2018.] |
| Filing 38 NOTICE of intent to dismiss pursuant to FRCP 4(m). The * Petition for Removal* in this action was filed on* 3/30/2018.* To date no proper proof of service has been filed as to*Otsuka Pharmaceutical Co, Ltd..* FRCP 4(m) dismissal deadline set for 8/23/2018. (WJ) [Transferred from Nevada on 8/2/2018.] |
| Filing 37 REQUEST for Judicial Notice re #23 Motion to Stay Case, #8 Motion to Remand to State Court by Defendants Bristol-Myers Squibb Company, Cindy Pierce, Carrie Stiles. (Attachments: #1 Exhibit Ex 1) (Turner, Erika) [Transferred from Nevada on 8/2/2018.] |
| Filing 36 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 6/15/2018. Please take notice that Judge Du has made changes to her Civil Standing Order. The most current Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov (no image attached) (Copies have been distributed pursuant to the NEF - PAV) [Transferred from Nevada on 8/2/2018.] |
| Filing 35 RESPONSE to #33 Motion for Leave to File Document, by Plaintiffs Charles Johnson, Sherrie Maguire, Michael McCollum, Joan Rhoads, Joseph Rodarte. Replies due by 5/31/2018. (Attachments: #1 Index, #2 Exhibit) (Trinh, Garry) [Transferred from Nevada on 8/2/2018.] |
| Filing 34 MOTION for Leave to File Supplement re #8 Motion to Remand to State Court by Plaintiffs Charles Johnson, Sherrie Maguire, Joan Rhoads, Joseph Rodarte. (Attachments: #1 Index, #2 Exhibit) (Trinh, Garry) [Transferred from Nevada on 8/2/2018.] |
| Filing 33 MOTION for Leave to File Supplement to Motion to Stay by Defendants Bristol-Myers Squibb Company, Otsuka America Pharmaceutical, Inc., Cindy Pierce, Carrie Stiles. (Attachments: #1 Exhibit 1- Request for Judicial Notice) (Esposito, Michael) [Transferred from Nevada on 8/2/2018.] |
| Filing 32 REPLY to Response to #23 Motion to Stay Case, by Defendants Bristol-Myers Squibb Company, Otsuka America Pharmaceutical, Inc., Cindy Pierce, Carrie Stiles. (Esposito, Michael) [Transferred from Nevada on 8/2/2018.] |
Filing 31
ORDER granting ECF No. #29 Stipulation to Vacate Order Setting Case Management Conference. Case Management Conference set for 05/17/2018 is hereby vacated. Signed by Magistrate Judge Valerie P. Cooke on 5/7/2018. (Copies have been distributed pursuant to the NEF - KW) [Transferred from Nevada on 8/2/2018.]
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| Filing 30 RESPONSE to #23 Motion to Stay Case, by Plaintiffs Charles Johnson, Sherrie Maguire, Michael McCollum, Joan Rhoads, Joseph Rodarte. Replies due by 5/11/2018. (Attachments: #1 Index, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Trinh, Garry) [Transferred from Nevada on 8/2/2018.] |
| Filing 29 STIPULATION re Discovery 'Stipulation for Order to Vacate Order Setting Case Management' by Defendants Bristol-Myers Squibb Company, Cindy Pierce, Carrie Stiles. (Esposito, Michael) [Transferred from Nevada on 8/2/2018.] |
| Filing 28 Joint STATUS REPORT by Defendants Bristol-Myers Squibb Company, Cindy Pierce, Carrie Stiles. (Esposito, Michael) [Transferred from Nevada on 8/2/2018.] |
| Filing 27 RESPONSE to #19 Statement in Removal Case by Plaintiffs Charles Johnson, Sherrie Maguire, Michael McCollum, Joan Rhoads, Joseph Rodarte. (Attachments: #1 Index, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Wetherall, Peter) [Transferred from Nevada on 8/2/2018.] |
| Filing 26 REPLY to Response to #8 Motion to Remand to State Court by Plaintiffs Charles Johnson, Sherrie Maguire, Michael McCollum, Joan Rhoads, Joseph Rodarte. (Attachments: #1 Index, #2 Exhibit, #3 Exhibit, #4 Index, #5 Exhibit) (Wetherall, Peter) [Transferred from Nevada on 8/2/2018.] |
| Filing 25 VACATED Pursuant to ECF No. #31 ORDER : MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke on 4/23/2018. By Deputy Clerk: LGM. A case management conference is set for 5/17/2018 at 10:00 AM in Reno Courtroom 1 before Magistrate Judge Valerie P. Cooke. Lead counsel for all parties are directed to appear in person for this case management conference, unless a motion to appear telephonically is approved by the Court after the filing of the joint case management report and prior to the conference. The parties shall jointly file a case management report by no later than the close of business on Tuesday, May 8, 2018. See the attached order for specifications. (Copies have been distributed pursuant to the NEF - LGM) Modified on 5/8/2018 to denote VACATED (KW). [Transferred from Nevada on 8/2/2018.] |
| Filing 24 NOTICE of Docket Correction to #21 Declaration, #22 Declaration, : QC linked both declarations to motion to remand #8 pursuant to LR IC 2-2(d); delinked declarations from document #1 . (no image attached) (WJ) [Transferred from Nevada on 8/2/2018.] |
| Filing 23 MOTION to Stay Case re #1 Petition for Removal,, #8 Motion to Remand to State Court by Defendants Bristol-Myers Squibb Company, Otsuka America Pharmaceutical, Inc., Cindy Pierce, Carrie Stiles. (Attachments: #1 Index Index of Exhibits, #2 Exhibit A - Redline of Complaints) (Esposito, Michael) Modified on 4/27/2018 delinked #1 #8 (WJ). [Transferred from Nevada on 8/2/2018.] |
| Filing 22 DECLARATION of Cindy Pierce re #8 Motion to remand #1 Petition for Removal,, #20 Response, by Defendants Bristol-Myers Squibb Company, Cindy Pierce, Carrie Stiles. (Esposito, Michael) Modified on 4/23/2018 linked declaration to response and motion to remand pursuant to LR IC 2-2(d)(WJ). [Transferred from Nevada on 8/2/2018.] |
| Filing 21 DECLARATION of Carrie Stiles re #8 Motion to remand #1 Petition for Removal,, #20 Response, by Defendants Bristol-Myers Squibb Company, Cindy Pierce, Carrie Stiles. (Esposito, Michael) Modified on 4/23/2018 (WJ). [Transferred from Nevada on 8/2/2018.] |
| Filing 20 RESPONSE to #8 Motion to Remand to State Court by Defendants Bristol-Myers Squibb Company, Otsuka America Pharmaceutical, Inc., Cindy Pierce, Carrie Stiles. Replies due by 4/27/2018. (Attachments: #1 Index Index of Exhibits, #2 Exhibit A - Redline of Complaints) (Esposito, Michael) [Transferred from Nevada on 8/2/2018.] |
| Filing 19 STATEMENT REGARDING REMOVAL by Defendants Bristol-Myers Squibb Company, Cindy Pierce, Carrie Stiles. (Turner, Erika) [Transferred from Nevada on 8/2/2018.] |
| Filing 18 NOTICE of Corrected Image/Document re #17 Certificate of Interested Parties by Defendant Carrie Stiles. (Service of corrected image is attached.) (Esposito, Michael) [Transferred from Nevada on 8/2/2018.] |
| Filing 17 CERTIFICATE of Interested Parties by Carrie Stiles. There are no known interested parties other than those participating in the case (Esposito, Michael) [Transferred from Nevada on 8/2/2018.] |
| Filing 16 CERTIFICATE of Interested Parties by Cindy Pierce. There are no known interested parties other than those participating in the case (Esposito, Michael) [Transferred from Nevada on 8/2/2018.] |
| Filing 15 ANSWER to Complaint with Jury Demand filed by Carrie Stiles.(Esposito, Michael) [Transferred from Nevada on 8/2/2018.] |
| Filing 14 ANSWER to Complaint with Jury Demand filed by Bristol-Myers Squibb Company.(Esposito, Michael) [Transferred from Nevada on 8/2/2018.] |
| Filing 13 CERTIFICATE of Interested Parties by Otsuka America Pharmaceutical, Inc. that identifies all parties that have an interest in the outcome of this case. Other Affiliate Otsuka Pharmaceutical, Inc. for Otsuka America Pharmaceutical, Inc. added. (Bult, Adam) [Transferred from Nevada on 8/2/2018.] |
| Filing 12 ANSWER to Complaint with Jury Demand filed by Otsuka America Pharmaceutical, Inc..(Bult, Adam) [Transferred from Nevada on 8/2/2018.] |
| Filing 11 NOTICE of Consent to Removal by Otsuka America Pharmaceutical, Inc.. (Bult, Adam) [Transferred from Nevada on 8/2/2018.] |
| Filing 10 CERTIFICATE of Interested Parties by Charles Johnson, Sherrie Maguire, Michael McCollum, Joan Rhoads, Joseph Rodarte. There are no known interested parties other than those participating in the case (Wetherall, Peter) [Transferred from Nevada on 8/2/2018.] |
| Filing 9 ANSWER to Complaint with Jury Demand filed by Cindy Pierce. Discovery Plan/Scheduling Order due by 5/21/2018.(Esposito, Michael) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 8/2/2018.] |
| Filing 8 MOTION to Remand to State Court re #1 Petition for Removal,, by Plaintiffs Charles Johnson, Sherrie Maguire, Michael McCollum, Joan Rhoads, Joseph Rodarte. Responses due by 4/20/2018. (Wetherall, Peter) [Transferred from Nevada on 8/2/2018.] |
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Filing 7
STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov Signed by Judge Miranda M. Du on 4/2/2018. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) [Transferred from Nevada on 8/2/2018.]
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| Filing 6 ERRATA to #2 Certificate of Interested Parties, #1 Petition for Removal,, by Defendant Bristol-Myers Squibb Company. (Esposito, Michael) [Transferred from Nevada on 8/2/2018.] |
| Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 4/2/2018. Statement regarding removed action is due by 4/17/2018. Joint Status Report regarding removed action is due by 5/2/2018. (Copies have been distributed pursuant to the NEF - KW) [Transferred from Nevada on 8/2/2018.] |
| Filing 4 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Hillary Dang to comply with completion and electronic filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s). Verified Petition due by 5/17/2018. (no image attached) (WJ) Modified on 4/2/2018 see document #6 (WJ). [Transferred from Nevada on 8/2/2018.] |
| Filing 3 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Paige Sharpe to comply with completion and electronic filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s). Verified Petition due by 5/17/2018. (no image attached) (WJ) Modified on 4/2/2018 See document #6 (WJ). [Transferred from Nevada on 8/2/2018.] |
| Case assigned to District Judge Miranda M. Du and Magistrate Judge Valerie P. Cooke. (WJ) [Transferred from Nevada on 8/2/2018.] |
| Filing 2 CERTIFICATE of Interested Parties by BRISTOL-MYERS SQUIBB COMPANY. There are no known interested parties other than those participating in the case (Esposito, Michael) [Transferred from Nevada on 8/2/2018.] |
| Filing 1 PETITION FOR REMOVAL from Second Judicial District Court of the State of Nevada in and for the County of Washoe, Case Number CV18-00460, (Filing fee $ 400 receipt number 0978-5032038) by BRISTOL-MYERS SQUIBB COMPANY, Carrie Stiles, Cindy Pierce. (Attachments: #1 Exhibit A - Complaint and Summons, #2 Declaration Declaration of Cindy Pierce, #3 Declaration Declaration of Carrie Stiles, #4 Civil Cover Sheet Civil Cover Sheet)(Esposito, Michael) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 8/2/2018.] |
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