ADAMS et al v. BRISTOL-MYERS SQUIBB COMPANY et al
| CHRISTOPHER BERTA, DAVID ADAMS, BERNARD ADENIRAN, LEOTIST TRAMBLE, LIZA E SOTO, SERITA WALLACE, RICARDO QUINONEZ, JOSEPH ROBINSON, LUKE KARASIUK, LISA BRASSY, KEVIN BIRTON, HARRY E WHITAKER, JAVIER HEREDIA, COLIN MARTIN, DORTHY WRIGHT, MICHAEL BROWN, CLYDE MCKINNEY, EVERARDA AISPURO, THEO J GOMEZ, GREG RAMIREZ, CECILY Y WILLIAMS, JOHN DURSMA, MONICA HARTMAN, ROBERT M BROCKLEY, LILA LAYMAN, PILLAR YOUNG, SHELLY MEECE, LYNN JONES, PAULINE M SCOTT, LARRY FAIRLEY, WINSTON HERRING, DIANNA PINKHAM, TIMOTHY DAVIS, TAMMIE TERRELL, AMANDA BOTFELD, BILLY CUNNINGHAM, DANNY SANDERS, GALE WILLIAMS, DAVID MACAULEY, NATHAN EVERHART, BONNIE CALDERON, JANICE GREENWOOD, JOHN HERNANDEZ, KAYLA STEWART, GERRY ROBERTS, JOHN MARTINEZ, DENNIS TRYON, FRANK THOMAS, SABRENA HAMMOND, KATHLEEN MARIE MAHONEY, BENNIE SMITH, JEROME RAINES, SHERRI WOOD, AFENI GRAPHENREED, ANNA A DAVIE, JAMES PECK, JULIE JOHNSTON, DUANE CONLEY, JOYCE M JONES, MICHAEL SCHUETTA, MARCEL CALHOUN, BLAIR STEVENS, WILLIE MOSLEY, TREMAINE JAMES, AMECHI OKOCHA, CHRISTIAN T MOORE, EDWARD VASQUEZ, YENENEW GIRMA, ANGELA LYONS and JOSE ZEPEDA ROMAN |
| MCKESSON CORPORATION, OTSUKA PHARMACEUTICAL CO LTD, OTSUKA AMERICA PHARMACEUTICAL INC and BRISTOL-MYERS SQUIBB COMPANY |
| 3:2020cv05684 |
| July 27, 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. § 1332 Diversity-Product Liability |
| Defendant |
Docket Report
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #30 Defendants' Notice of Plaintiff's Non-Compliance with Deadlines in October 30, 2020 #29 Order (djb) |
| Filing 30 NOTICE OF PLAINTIFF'S NON-COMPLIANCE WITH DEADLINES IN OCTOBER 30, 2020 ORDER by BRISTOL-MYERS SQUIBB COMPANY, OTSUKA AMERICA PHARMACEUTICAL INC, OTSUKA PHARMACEUTICAL CO LTD (CONNELLY, LUKE) |
Filing 29
ORDER - Plaintiff Yenenew Girma's #28 Motion/Request for an extension of time is GRANTED IN PART and DENIED IN PART. Mr. Girma is required to either retain new counsel or formally notify the Court that he intends to proceed pro se by November 30, 2020, as follows: a. If Mr. Girma retains new counsel, his new counsel must file an appearance in this case by November 30, 2020; or b. If Mr. Girma elects to proceed pro se, he must so notify the Court and the parties in writing and on the record by November 30, 2020. c. There will be no further extensions. Signed by JUDGE M CASEY RODGERS on 10/30/2020. (djb)
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Filing 27
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 26
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. COLIN MARTIN terminated. (djb)
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| Filing 28 MOTION to Extend Time re: #25 Order, by YENENEW GIRMA. (djb) |
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Filing 25
ORDER - Based on Plaintiff Yenenew Girma's failure to comply with the Court's #22 Order dated October 5, 2020 this action is hereby DISMISSED WITH PREJUDICE for failure to comply with court orders and failure to prosecute. The Clerk is directed to close his case in its entirety for all purposes. YENENEW GIRMA terminated. Signed by JUDGE M CASEY RODGERS on 10/21/2020. (djb) Modified on 10/21/2020 to note order mailed to plaintiff. (djb).
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #22 Order, (no filing) (djb) |
| Filing 24 CLERK'S DISMISSAL re #23 Stipulation of Dismissal With Prejudice as to EVERARDA AISPURO, THEO J GOMEZ, AFENI GRAPHENREED. (djb) |
| Filing 23 STIPULATION of Dismissal by EVERARDA AISPURO, THEO J GOMEZ, AFENI GRAPHENREED. (CARO, LOUISE) |
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Filing 22
ORDER granting #21 SEALED MOTION to Withdraw as Counsel of Record Without Substitution. Attorney Louise R. Caro and the law firm of Napoli Shkolnik, PLLC are relieved of any further obligation for representation of Plaintiff Yenenew Girma. The Clerk is directed to update the individual docket. Mr. Girma is required to either retain new counsel or formally notify the Court that he intends to proceed pro se by 10/19/2020, as follows: (a.) If Mr. Girma retains new counsel, his new counsel must file an appearance in this case by the 10/19/2020; or (b.) If Mr. Girma elects to proceed pro se, he must so notify the Court and the parties in writing and on the record by 10/19/2020. Failure to comply with this Order will result in sanctions, including dismissal of Mr. Girma's claim with prejudice. Signed by JUDGE M CASEY RODGERS on 10/5/2020. Attorney LOUISE R CARO and JENNIFER R LIAKOS terminated. (order mailed as directed) (djb)
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| Filing 21 SEALED MOTION to Withdraw as Counsel of Record For Plaintiff Yenenew Girma Without Substitution by YENENEW GIRMA. (djb) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #21 SEALED MOTION to Withdraw as Counsel of Record For Plaintiff Yenenew Girma Without Substitution (djb) |
| Filing 20 NOTICE of Appearance by LOUISE R CARO on behalf of All Plaintiffs (CARO, LOUISE) |
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Filing 19
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 18 Case transferred in from District of California Northern; Case Number 4:18-cv-05007. 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: #18 Case Transferred In - District Transfer (djb) |
| Filing 17 MDL ORDER TRANSFERRING CASE to the District Court for the Northern District of Florida. Signed by MDL Panel Clerk on 7/8/2020. (jmlS, COURT STAFF) (Filed on 7/23/2020) [Transferred from California Northern on 7/27/2020.] |
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Filing 16
Order by Judge Jon S. Tigar granting #15 Stipulation to Re-Open Case.(mllS, COURT STAFF) (Filed on 6/24/2020) [Transferred from California Northern on 7/27/2020.]
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| Filing 15 STIPULATION WITH PROPOSED ORDER To Re-Open Case filed by Bristol-Myers Squibb Company and Plaintiffs. (Mayo, Sharon) (Filed on 6/23/2020) Modified on 6/24/2020 (anjS, COURT STAFF). [Transferred from California Northern on 7/27/2020.] |
| Filing 14 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 byBristol-Myers Squibb Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mayo, Sharon) (Filed on 5/29/2020) Modified on 6/1/2020 (jmlS, COURT STAFF). [Transferred from California Northern on 7/27/2020.] |
| Filing 13 CONDITIONAL TRANSFER ORDER (CTO-23) by the United States Judicial Panel on Multidistrict Litigation TRANSFERRING CASE to the United States District Court for the Northern District of Florida, MDL No. 2734 (tnS, COURT STAFF) (Filed on 8/31/2018) [Transferred from California Northern on 7/27/2020.] |
| case electronically transmitted to the Northern District of Florida. their new case number is 3:18-cv-02060, filed 8/31/2018. (tnS, COURT STAFF) (Filed on 8/31/2018) Modified on 9/6/2018 (tnS, COURT STAFF). [Transferred from California Northern on 7/27/2020.] |
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Filing 12
STIPULATION AND ORDER re #10 STIPULATION WITH [PROPOSED] ORDER TO STAY PROCEEDINGS PENDING TRANSFER TO THE ABILIFY MDL filed by Bristol-Myers Squibb Company. Signed by Judge Jon S. Tigar on August 24, 2018. (wsn, COURT STAFF) (Filed on 8/24/2018) [Transferred from California Northern on 7/27/2020.]
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| Filing 11 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 8/23/2018) [Transferred from California Northern on 7/27/2020.] |
| Filing 10 STIPULATION WITH [PROPOSED] ORDER TO STAY PROCEEDINGS PENDING TRANSFER TO THE ABILIFY MDL filed by Bristol-Myers Squibb Company. (Mayo, Sharon) (Filed on 8/23/2018) [Transferred from California Northern on 7/27/2020.] |
| Filing 9 NOTICE OF ERRATA re #5 Consent/Declination to Proceed Before a United States Magistrate Judge filed by Bristol-Myers Squibb Company. (Mayo, Sharon) (Filed on 8/22/2018) [Transferred from California Northern on 7/27/2020.] |
| Filing 8 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 12/10/2018. Initial Case Management Conference set for 12/19/2018 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor. (Attachments: #1 Standing Order, #2 Standing Order for All Judges of the Northern District) (wsn, COURT STAFF) (Filed on 8/21/2018) [Transferred from California Northern on 7/27/2020.] |
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Filing 7
ORDER, Case reassigned to Judge Jon S. Tigar. Magistrate Judge Jacqueline Scott Corley 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 8/21/18. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 8/21/2018) [Transferred from California Northern on 7/27/2020.]
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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. (ahm, COURT STAFF) (Filed on 8/21/2018) [Transferred from California Northern on 7/27/2020.] |
| Filing 5 CONSENT/DECLINATION to Proceed Before a United States Magistrate Judge by Bristol-Myers Squibb Company, Otsuka America Pharmaceutical, Inc., Otsuka Pharmaceutical Co., Ltd.. (Gramacy, Ryan) (Filed on 8/21/2018) [Transferred from California Northern on 7/27/2020.] |
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Filing 4
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/8/2018. Initial Case Management Conference set for 11/15/2018 01:30 AM. Signed by Magistrate Judge Jacqueline Scott Corley on 8/16/18. (aaaS, COURT STAFF) (Filed on 8/16/2018) [Transferred from California Northern on 7/27/2020.]
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| #Electronic filing error. Corrected by Clerk's Office. No further action is necessary. Re: #1 Notice of Removal, filed by Bristol-Myers Squibb Company Plaintiff Party N ot Added. Spelling Corrected. (aaaS, COURT STAFF) (Filed on 8/16/2018) [Transferred from California Northern on 7/27/2020.] |
| Filing 3 Case assigned to Magistrate Judge Jacqueline Scott Corley. 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 8/30/2018. (as, COURT STAFF) (Filed on 8/16/2018) [Transferred from California Northern on 7/27/2020.] |
| Filing 2 Certificate of Interested Entities by Bristol-Myers Squibb Company (Mayo, Sharon) (Filed on 8/16/2018) [Transferred from California Northern on 7/27/2020.] |
| Filing 1 NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. 1332, 1441, and 1446; DEMAND FOR JURY TRIAL; (NO PROCESS) from San Francisco County Superior Court. Their case number is CGC-18-568851, (Filing Fee: $400.00, receipt number 0971-12600799). Filed by Bristol-Myers Squibb Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Mayo, Sharon) (Filed on 8/16/2018) Modified on 8/17/2018 (aaaS, COURT STAFF). [Transferred from California Northern on 7/27/2020.] |
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