EVANS et al v. BRISTOL-MYERS SQUIBB COMPANY et al
| JAMI HENNESSY, DEBORAH CARUSO, KIM COMBS, ANNA MILLER, YOLANDA GASTON, JEFFREY BENNETT, AUREA BERGER, SUSAN AGUILAR, VALERIE DOBY, VICTORIA AUSTIN, CHERYL RIESGO, SANDY DAVIS, TERRY ABATE, BEVERLY HAM, ELISA BEGGS, ALICIA ALVARADO, CHRISTINE BURTON, CRYSTAL COUCH, DARLENE BRONSON, JOSEPH BABY, CYNTHIA JACOBS, HAROLD WRIGLEY, JAMES GALLO, LINDA HEINICKE, ZACHARIAH CHAMBERLAIN, GINA CLARK, JOSHUA AVILA, OFELIA HENRY, JASON HARGROVE, LEO JOHNSON, JAMES ANDREWS, DEBBIE WYATT, JASON HEINOWITZ, CAROLYN BOYD, BIRDIE BELLINGER, LARRY GIVENS, IMAN DADFOROUZ, DONALD MATTHEWS, TYRONDA BROWN, HEIDI IBITZ-DIAL, ROBERT HANCOCK, JAIME LUNA, RAHNIKQUA HAGAN, JEFFREY ERICKSON, SARAH KNOEFLER, ISSAC FLORES, COLIN HAUGE, BRIAN JOHNSON, NORMA HARDAWAY, KIMBERLY EVANS, RONALD CHAVEZ, KELLY JEAN GARCIA and JEFFREY CHILDERS |
| MCKESSON CORPORATION, BRISTOL-MYERS SQUIBB COMPANY, OTSUKA PHARMACEUTICAL CO LTD and OTSUKA AMERICA PHARMACEUTICAL INC |
| 3:2020cv05650 |
| July 17, 2020 |
| U.S. 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. § 1332 |
| Defendant |
Docket Report
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| Filing 28 NOTICE of Compliance by CHERYL RIESGO (PAREKH, BEHRAM) |
| Filing 27 NOTICE of Compliance by COLIN HAUGE (PAREKH, BEHRAM) |
| Filing 26 NOTICE of Compliance by AUREA BERGER (PAREKH, BEHRAM) |
Filing 25
ORDER granting #23 MOTION to Withdraw as Attorney filed by COLIN HAUGE, #22 MOTION to Withdraw as Attorney filed by AUREA BERGER, and #24 MOTION to Withdraw as Attorney filed by CHERYL RIESGO. Counsel is directed to promptly provide the plaintiffs with a copy of this Order and to file a written notice of compliance with the Court, together with an address for the plaintiffs where all future filings and correspondence involving their cases should be directed. Thereafter, Behram V. Parekh, Esq. and the law firm of Kirtland & Packard LLP are relieved of any further obligation for representation of the plaintiffs in those matters. Signed by JUDGE M CASEY RODGERS on 9/2/2020. (djb)
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| Filing 24 MOTION to Withdraw as Attorney by CHERYL RIESGO. (PAREKH, BEHRAM) |
| Filing 23 MOTION to Withdraw as Attorney by COLIN HAUGE. (PAREKH, BEHRAM) |
| Filing 22 MOTION to Withdraw as Attorney by AUREA BERGER. (PAREKH, BEHRAM) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #22 MOTION to Withdraw as Attorney Without Substitution (Plaintiff, Aurea Berger), #23 MOTION to Withdraw as Attorney Without Substitution (Plaintiff, Colin Hauge), #24 MOTION to Withdraw as Attorney Without Substitution (Plaintiff, Cheryl Riesgo) (djb) |
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Filing 21
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, 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 20 Case transferred in from District of California Northern; Case Number 4:18-cv-02614. 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: #20 Case Transferred In - District Transfer (djb) |
| Filing 19 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 7/17/2020.] |
| Filing 18 RESPONSE TO 17 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 7/17/2020.] |
| ***Case Reopened.*** Show Cause Response due by 6/15/2020. (ndrS, COURT STAFF) (Filed on 6/9/2020) [Transferred from California Northern on 7/17/2020.] |
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Filing 17
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 7/17/2020.]
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| Filing 16 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 5/28/2020) Modified on 5/29/2020 (cjlS, COURT STAFF). [Transferred from California Northern on 7/17/2020.] |
| Case has been successfully transferred to the Northern District of Florida. Their case number is 3:18-cv-01495. (jjbS, COURT STAFF) (Filed on 6/27/2018) [Transferred from California Northern on 7/17/2020.] |
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Filing 15
ORDER LIFTING STAY OF CONDITIONAL TRANSFER ORDER AND VACATING THE JULY 26, 2018, HEARING SESSION ORDER. This action is transferred to the Northern District of Florida. (jjbS, COURT STAFF) (Filed on 6/25/2018) [Transferred from California Northern on 7/17/2020.]
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Filing 14
ORDER by Judge Haywood S. Gilliam, Jr. Granting #11 Motion to Stay. (ndrS, COURT STAFF) (Filed on 5/18/2018) [Transferred from California Northern on 7/17/2020.]
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| Filing 13 MOTION to Remand filed by Terry Abate, Susan Aguilar, Alicia Alvarado, James Andrews, Victoria Austin, Joshua Avila, Joseph Baby, Elisa Beggs, Birdie Bellinger, Jeffrey Bennett, Aurea Berger, Carolyn Boyd, Darlene Bronson, Tyronda Brown, Christine Burton, Deborah Caruso, Zachariah Chamberlain, Ronald Chavez, Jeffrey Childers, Gina Clark, Kim Combs, Crystal Couch, Iman Dadforouz, Sandy Davis, Valerie Doby, Jeffrey Erickson, Kimberly Evans, Issac Flores, James Gallo, Kelly Jean Garcia, Yolanda Gaston, Larry Givens, Rahnikqua Hagan, Beverly Ham, Robert Hancock, Norma Hardaway, Jason Hargrove, Colin Hauge, Linda Heinicke, Jason Heinowitz, Jami Hennessy, Ofelia Henry, Heidi Ibitz-Dial, Cynthia Jacobs, Brian Johnson, Leo Johnson, Sarah Knoefler, Jaime Luna, Donald Matthews, Anna Miller, Cheryl Riesgo, Harold Wrigley, Debbie Wyatt. Motion Hearing set for 8/23/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 5/31/2018. Replies due by 6/7/2018. (Attachments: #1 Proposed Order)(Parekh, Behram) (Filed on 5/17/2018) Modified on 1/23/2019 (ndrS, COURT STAFF). [Transferred from California Northern on 7/17/2020.] |
| Filing 12 CERTIFICATE OF SERVICE by Bristol-Myers Squibb Company re #11 MOTION to Stay All Proceedings Pending Transfer to the Abilify MDL; Memorandum of Points and Authorities in Support Thereof (Mayo, Sharon) (Filed on 5/17/2018) [Transferred from California Northern on 7/17/2020.] |
| Filing 11 MOTION to Stay All Proceedings Pending Transfer to the Abilify MDL; Memorandum of Points and Authorities in Support Thereof filed by Bristol-Myers Squibb Company. Motion Hearing set for 8/9/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 5/30/2018. Replies due by 6/6/2018. (Attachments: #1 Proposed Order Granting Defendant's Motion to Stay All Proceedings Pending Transfer to the Abilify MDL)(Mayo, Sharon) (Filed on 5/16/2018) [Transferred from California Northern on 7/17/2020.] |
| Filing 10 CLERK'S NOTICE SETTING STATUS CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a status conference has been set for May 29, 2018, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 5/16/2018) [Transferred from California Northern on 7/17/2020.] |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Maria-Elena James no longer assigned to the case. Signed by Executive Committee on 5/15/2018. (jmlS, COURT STAFF) (Filed on 5/15/2018) [Transferred from California Northern on 7/17/2020.]
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Filing 8
ORDER RELATING CASE to 18-cv-02614-HSG. Signed by Judge Haywood S. Gilliam, Jr. on 5/15/2018. (ndrS, COURT STAFF) (Filed on 5/15/2018) [Transferred from California Northern on 7/17/2020.]
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| Filing 7 NOTICE by Bristol-Myers Squibb Company of Pendency of Other Action or Proceeding (Gramacy, Ryan) (Filed on 5/11/2018) [Transferred from California Northern on 7/17/2020.] |
| Filing 6 CERTIFICATE OF SERVICE by Bristol-Myers Squibb Company (Mayo, Sharon) (Filed on 5/8/2018) [Transferred from California Northern on 7/17/2020.] |
| Filing 5 CERTIFICATE of Counsel by Sharon D. Mayo on behalf of Bristol-Myers Squibb Company (Attachments: #1 Exhibit A, #2 Exhibit B)(Mayo, Sharon) (Filed on 5/4/2018) [Transferred from California Northern on 7/17/2020.] |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/26/2018. Initial Case Management Conference set for 8/2/2018 10:00 AM. (hdjS, COURT STAFF) (Filed on 5/3/2018) [Transferred from California Northern on 7/17/2020.] |
| 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 5/17/2018. (bwS, COURT STAFF) (Filed on 5/3/2018) [Transferred from California Northern on 7/17/2020.] |
| Filing 2 Certificate of Interested Entities by Bristol-Myers Squibb Company (Mayo, Sharon) (Filed on 5/3/2018) [Transferred from California Northern on 7/17/2020.] |
| Filing 1 NOTICE OF REMOVAL of Action Pursuant to 28 U.S.C. Sections 1332, 1441 and 1446 from Alameda County Superior Court. Their case number is RG18902953. (Filing fee $400 receipt number 0971-12323749). Filed byBristol-Myers Squibb Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Mayo, Sharon) (Filed on 5/3/2018) [Transferred from California Northern on 7/17/2020.] |
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