BOOTH et al v. BRISTOL-MYERS SQUIBB COMPANY et al
| SANDRA DALEY, SHEILA REDMON, CHRISTINE CROMWELL, DIANE PADGETT, CHRISTINA JEFFERY, NEIL PAGE, ANTHONY ERMI, JOANN UHRICH, MELISSA HAMILTON, RICHARD ELLIS, SHARLENE JOHNSON, TONI RAVEN, MICHEL STYERS, YVONNE LOPEZ, EVELYN MORSE, ELIZABETH MOZ, JOSEPH DINNER, LAURA KINNEY, DWIGHT WILLIAMS, GERARDO VIERA, DANA ELAM, WENDY MEUNIER, NEFFITERRI HEARNES, ALLISON HOLLAND, RAY OWENS, SHAWN KNIGHT, EMMA SANDERS, KATHARINE KNEEBULL, JOHN BROWN, ADAM SIEGEL, MICHAEL MONTGOMERY, DORIAN HOWARD, JEFFREY SAPPIE, GINETTE GIST, PATRICK BOOTH, ANITA MALTESE, JAZIKIO CARTER, ALICE JENKINS, LINDA TERRY, REBECCA MITCHELL, ANDY OCHOA, MARCAL WITTIG, CRAIG WENTLAND, ANTOINETTE TORRI, AMIRAH LAYLA, Alfred Notargiacomo III, CHRISTINE MCCAULEY, APRIL THOMPSON, TONYA HARRIS, RONNIE RUCKER, ROSE BRAWNER, SCHERYL SCOTT, DAVID CHAVEZ, RANDY YOUNG, LISA HIGGINS, RANDY PAGE and ALFRED NOTARGIACOMO, III |
| MCKESSON CORPORATION, OTSUKA PHARMACEUTICAL CO LTD, BRISTOL-MYERS SQUIBB COMPANY and OTSUKA AMERICA PHARMACEUTICAL INC |
| 3:2020cv05633 |
| July 13, 2020 |
| US District Court for the Northern District of Florida |
| GARY R JONES |
| M CASEY RODGERS |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1446 pl |
| Both |
Docket Report
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Filing 23
ORDER - The Court has determined that the cases identified on Exhibit A were dismissed with prejudice from multi-plaintiff California complaints on October 4 or November 20, 2019, while the cases were still pending in California state court. Because those plaintiffs' cases should not have been returned to the active MDL docket, they are hereby DISMISSED WITH PREJUDICE. The Clerk is directed to close the cases in their entirety for all purposes. Signed by JUDGE M CASEY RODGERS on 10/27/2020. (case closed) (djb)
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Filing 22
ORDER - The Court has been advised that the cases identified on Exhibit A were settled under the global settlement program for this litigation. Accordingly, the cases are DISMISSED WITH PREJUDICE from the active docket of the Court. The Clerk is directed to close the cases in their entirety for all purposes. Signed by JUDGE M CASEY RODGERS on 10/27/2020. SHARLENE JOHNSON, JAZIKIO CARTER and TONYA HARRIS terminated. (djb)
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Filing 21
ORDER - The Court has determined that the cases identified on Exhibit A were dismissed from multi-plaintiff California complaints by stipulation of the parties for lack of personal jurisdiction on October 1, 2018. See Case No. 3:16md2734, ECF No. 1008. Thereafter, the California complaints were remanded to California state court. See id., ECF No. 1043. The California complaints later were re-removed and transferred to the MDL, pursuant to the Court's Order dated February 5, 2020. See ECF No. 1238. On re-removal, all of the California plaintiffs were returned to the Court's active docket-including the plaintiffs identified on Exhibit A, whose claims were previously dismissed. Because those plaintiffs' cases should not have been returned to the active MDL docket, they are hereby DISMISSED. The Clerk is directed to close the cases in their entirety for all purposes. Signed by JUDGE M CASEY RODGERS on 10/21/2020. RAY OWENS, DIANE PADGETT, SHEILA REDMON, MICHEL STYERS, GINETTE GIST and KATHARINE KNEEBULL terminated. (djb)
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Filing 20
ORDER - The Court has been advised that all but fourteen of the plaintiffs in these cases settled their respective claims under the global settlement program. The plaintiffs who settled their claims must file stipulations of dismissal by 8/13/2020. Expert reports must be served on Defendants by October 2, 2020. By 10/9/2020, Defendants must provide the Court with a written report identifying which of the fourteen plaintiffs timely produced an appropriate expert report and which did not. Failure to provide an expert report on specific causation that fully complies with Rule 26(a)(2) and this Order will constitute grounds for dismissal with prejudice. Signed by JUDGE M CASEY RODGERS on 8/3/2020. (djb)
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| Filing 19 Case transferred in from District of California Northern; Case Number 4:18-cv-05114. Original file certified copy of transfer order and docket sheet received. |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #19 Case Transferred In - District Transfer (djb) |
| Filing 18 MDL ORDER TRANSFERRING CASE TO THE NORTHERN DISTRICT OF FLORIDA. Signed by MDL Panel on 7/1/2020. (anjS, COURT STAFF) (Filed on 7/8/2020) [Transferred from California Northern on 7/13/2020.] |
| Filing 17 RESPONSE TO 16 ORDER TO SHOW CAUSE regarding Second Notice of Removal by Bristol-Myers Squibb Company. (Mayo, Sharon) (Filed on 6/15/2020) Modified on 6/16/2020 (cjlS, COURT STAFF). [Transferred from California Northern on 7/13/2020.] |
| ***Case Reopened.*** Show Cause Response due by 6/15/2020. (ndrS, COURT STAFF) (Filed on 6/9/2020) [Transferred from California Northern on 7/13/2020.] |
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Filing 16
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the clerk to re-open Davis v. Bristol-Myers Squibb Company, Case No. 18-2584; Green v. Bristol-Myers Squibb Company, Case No. 18-2588; Evans v. Bristol-Myers Squibb Company, Case No. 18-2614; Adeniran v. Bristol-Myers Squibb Company, Case No. 18-2620; Booth v. Bristol-Myers Squibb Company, Case No. 18-5114; and Stone v. Bristol-Myers Squibb Company, Case No. 18-5118. The Court further DIRECTS Defendant TO SHOW CAUSE why its "second notices of removal" filed in each case are procedurally proper and timely under 18 U.S.C. 1446. Defendant shall file a statement of two pages or less by June 15, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 6/9/2020) [Transferred from California Northern on 7/13/2020.]
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| Filing 15 DEFENDANT BRISTOL-MYERS SQUIBB CO.S SECOND NOTICE OF REMOVAL OF ACTION PURSUANT TO 28 U.S.C. 1332, 1441, and 1446 against All Plaintiffs. Filed by Bristol-Myers Squibb Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mayo, Sharon) (Filed on 5/29/2020) Modified on 6/1/2020 (cjlS, COURT STAFF). [Transferred from California Northern on 7/13/2020.] |
| Case has been successfully transferred to the Northern District of Florida. Their case no. is 3:18-cv-02079. (jjbS, COURT STAFF) (Filed on 9/7/2018) [Transferred from California Northern on 7/13/2020.] |
| Filing 14 CONDITIONAL TRANSFER ORDER. This action is transferred to the Northern District of Florida. (jjbS, COURT STAFF) (Filed on 9/5/2018) Modified on 9/6/2018 (jjbS, COURT STAFF). [Transferred from California Northern on 7/13/2020.] |
| Filing 13 Case reassigned to Judge Haywood S Gilliam, Jr for all further proceedings. Judge Judge William Alsup no longer assigned to the case. The parties are instructed that all future filings are to bear the initials HSG immediately after the case number. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cpS, COURT STAFF) (Filed on 9/5/2018) Modified on 9/5/2018 (cpS, COURT STAFF). [Transferred from California Northern on 7/13/2020.] |
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Filing 12
ORDER RELATING CASE to case no 16-cv-0254-HSG. Signed by Judge Haywood S. Gilliam, Jr. on 9/5/2018. (ndrS, COURT STAFF) (Filed on 9/5/2018) [Transferred from California Northern on 7/13/2020.]
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Filing 11
ORDER GRANTING #9 STIPULATED REQUEST TO STAY PROCEEDINGS PENDING TRANSFER TO THE ABILIFY MDL. Signed by Judge William Alsup. (whalc2, COURT STAFF) (Filed on 8/31/2018) [Transferred from California Northern on 7/13/2020.]
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| Filing 10 Certificate of Interested Entities by Otsuka America Pharmaceutical, Inc. identifying Corporate Parent Otsuka America, Inc. for Otsuka America Pharmaceutical, Inc.. Certification of Interested Entities or Persons Pursuant to Fed. R. Civ. P. 7.1 and Civ. L.R. 3-15 of Defendant Otsuka America Pharmaceutical, Inc. (Enns, Krista) (Filed on 8/30/2018) [Transferred from California Northern on 7/13/2020.] |
| Filing 9 STIPULATION WITH PROPOSED ORDER TO STAY PROCEEDINGS PENDING TRANSFER TO THE ABILIFY MDL filed by Bristol-Myers Squibb Company. (Gramacy, Ryan) (Filed on 8/30/2018) [Transferred from California Northern on 7/13/2020.] |
| Filing 8 CLERK'S NOTICE SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE UPON REASSIGNMENT - Joint Case Management Statement due by 11/23/2018. Initial Case Management Conference set for 11/29/2018 11:00 AM in San Francisco, Courtroom 12, 19th Floor. (Attachments: #1 Standing Order for All Judges) (tlS, COURT STAFF) (Filed on 8/30/2018) [Transferred from California Northern on 7/13/2020.] |
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Filing 7
ORDER, Case reassigned to Judge William Alsup. Magistrate Judge Maria-Elena James no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 8/29/18. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 8/29/2018) [Transferred from California Northern on 7/13/2020.]
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| Filing 6 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (cdnS, COURT STAFF) (Filed on 8/28/2018) [Transferred from California Northern on 7/13/2020.] |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bristol-Myers Squibb Company.. (Gramacy, Ryan) (Filed on 8/28/2018) [Transferred from California Northern on 7/13/2020.] |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/22/2018. Initial Case Management Conference set for 11/29/2018 01:30 PM in San Francisco, Courtroom B, 15th Floor. (slhS, COURT STAFF) (Filed on 8/22/2018) [Transferred from California Northern on 7/13/2020.] |
| Filing 3 Case assigned to Magistrate Judge Maria-Elena James. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/4/2018. (bwS, COURT STAFF) (Filed on 8/21/2018) [Transferred from California Northern on 7/13/2020.] |
| Filing 2 Certificate of Interested Entities by Bristol-Myers Squibb Company (Gramacy, Ryan) (Filed on 8/21/2018) [Transferred from California Northern on 7/13/2020.] |
| Filing 1 NOTICE OF REMOVAL from San Francisco Superior Court. Their case number is CGC-18-568990. (Filing fee $400 receipt number 0971-12612248). Filed by Bristol-Myers Squibb Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Gramacy, Ryan) (Filed on 8/21/2018) [Transferred from California Northern on 7/13/2020.] |
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