Gallagher v. Boehringer Ingelheim Pharmaceuticals, Inc. et al
| Anthony Gallagher |
| Boehringer Ingelheim Pharmaceuticals, Inc., Sanofi-Aventis U.S. LLC, Sanofi U.S. Services Inc., Pfizer Inc, GlaxoSmithKline LLC, Chattem Inc., BJ's Wholesale Club Holdings, Inc., BJ's Wholesale Club Inc, CVS Health Corporation and CVS Albany L.L.C. |
| 3:2023cv23053 |
| April 17, 2023 |
| US District Court for the Southern District of Florida |
| Robin L Rosenberg |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity |
| None |
Docket Report
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This docket was last retrieved on April 24, 2023. A more recent docket listing may be available from PACER.
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Filing 33
ORDER OF CONSOLIDATION AND ADMINISTRATIVE CLOSE-OUT. In light of the consolidation of all cases in the MDL action, it is ORDERED AND ADJUDGED that the Clerk of the Court shall mark this case as CLOSED for administrative purposes only. Signed by Judge Robin L. Rosenberg on 4/24/2023. See attached document for full details. (pes)
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| Filing 32 MDL 2924 Judge Assignment with Tag-Along Case Receipt from the Southern District of New York. Judge Robin L. Rosenberg assigned FLSD Case Number 3:23-cv-23053. Re: FLSD MDL Case Number 9:20-MD-02924-RLR. Clerks Note: JPML notified. (pes) |
| Filing 31 Case transferred in from New York Southern; Case Number 1:22-cv-10216. Electronic file including transfer order and docket sheet received. .(pes). |
| Filing 30 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 - Southern District of Florida. (Signed by MDL Panel on 4/13/2023) (vba) |
| MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - Southern District of Florida.(vba) |
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Filing 29
OPINION AND ORDER re: #16 MOTION to Remand . filed by Anthony Gallagher, #9 MOTION to Stay Memorandum of Law in Support of Motion to Stay. filed by Boehringer Ingelheim Pharmaceuticals, Inc.. The motion to remand is denied, the motion for stay is granted in part and denied in part, and further proceedings in this case are stayed pending the decision of the JPML concerning the transfer of the action to the related Zantac MDL. The Clerk of Court is respectfully directed to close Dkt. Nos. 9, 16. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/25/2023) (tg)
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| Case Stayed (tg) |
| Filing 28 REPLY MEMORANDUM OF LAW in Support re: #16 MOTION to Remand . . Document filed by Anthony Gallagher..(Maffia, Edoardo) |
| Filing 27 RESPONSE in Support of Motion re: #9 MOTION to Stay Memorandum of Law in Support of Motion to Stay. . Document filed by Boehringer Ingelheim Pharmaceuticals, Inc...(Zousmer, Julia) |
| Filing 26 MEMORANDUM OF LAW in Opposition re: #16 MOTION to Remand . [REMOVING DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION TO REMAND AND FOR ATTORNEYS' FEES AND COSTS]. Document filed by Chattem, Inc., Sanofi US Services Inc., Sanofi-Aventis U.S. LLC..(Agneshwar, Anand) |
| Filing 25 DECLARATION of Edoardo Maffia in Opposition re: #9 MOTION to Stay Memorandum of Law in Support of Motion to Stay.. Document filed by Anthony Gallagher. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - CTO 109, #3 Exhibit C - Opposition to CTO 109, #4 Exhibit D - Plaintiff's Motion to Vacate and Memorandum in Support, #5 Exhibit E - JPML's Hearing Information, #6 Exhibit F - State Court Docket Copy).(Maffia, Edoardo) |
| Filing 24 MEMORANDUM OF LAW in Opposition re: #9 MOTION to Stay Memorandum of Law in Support of Motion to Stay. . Document filed by Anthony Gallagher..(Maffia, Edoardo) |
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Filing 23
ORDER granting #22 Letter Motion for Extension of Time. Plaintiff may file a brief in opposition to the motion for a stay no later than 5pm on January 9, 2023. Defendants may reply no later than January 13, 2023. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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| Filing 22 FIRST LETTER MOTION for Extension of Time addressed to Judge Lewis J. Liman from Edoardo Maffia dated January 5, 2023. Document filed by Anthony Gallagher..(Maffia, Edoardo) |
| Filing 21 NOTICE OF APPEARANCE by Edoardo Maffia on behalf of Anthony Gallagher..(Maffia, Edoardo) |
| Filing 20 RESPONSE in Support of Motion re: #9 MOTION to Stay Memorandum of Law in Support of Motion to Stay. . Document filed by Boehringer Ingelheim Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Plaintiff's Motion to Vacate Transfer Order).(Zousmer, Julia) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Anthony Gallagher..(Higgins, Anna) |
| Filing 18 MEMORANDUM OF LAW in Support re: #16 MOTION to Remand . . Document filed by Anthony Gallagher..(Higgins, Anna) |
| Filing 17 DECLARATION of Anna A. Higgins in Support re: #16 MOTION to Remand .. Document filed by Anthony Gallagher. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B- Sanofi Proof of Service, #3 Exhibit C- Pfizer Proof of Service, #4 Exhibit D- GlaxoSmithKline Proof of Service, #5 Exhibit E - Boehringer Proof of Service, #6 Exhibit F - BJ's Wholesale Proof of Service, #7 Exhibit G - CVS Proof of Service, #8 Exhibit H - Chattem Proof of Service, #9 Exhibit I - Notice of Removal, #10 Exhibit J - Good Faith Letter to Defendants' Counsel).(Higgins, Anna) |
| Filing 16 MOTION to Remand . Document filed by Anthony Gallagher..(Higgins, Anna) |
| Filing 15 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Boehringer Ingelheim USA Corporation, Corporate Parent Boehringer Ingelheim Corporation for Boehringer Ingelheim Pharmaceuticals, Inc.. Document filed by Boehringer Ingelheim Pharmaceuticals, Inc...(Zousmer, Julia) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Boehringer Ingelheim Pharmaceuticals, Inc...(Zousmer, Julia) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Julia Ruth Zousmer to RE-FILE Document #7 MOTION for Disclosure Rule 7.1 Statement. Use the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents. (db) |
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Filing 13
MEMO ENDORSEMENT on re: #12 Affirmation in Opposition to Motion filed by Anthony Gallagher. ENDORSEMENT: The requested extension of time through December 19, 2022 for Plaintiff to inform the Court of its intent to oppose Defendant's motion for a stay is GRANTED. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/20/2022) (va)
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| Filing 12 AFFIRMATION of Anna A. Higgins in Opposition re: #9 MOTION to Stay Memorandum of Law in Support of Motion to Stay.. Document filed by Anthony Gallagher..(Higgins, Anna) |
| Filing 11 NOTICE OF APPEARANCE by Anna Avrasin Higgins on behalf of Anthony Gallagher..(Higgins, Anna) |
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Filing 10
ORDER taking under advisement #9 Motion to Stay re: #9 MOTION to Stay Memorandum of Law in Support of Motion to Stay. Plaintiff to inform the Court by December 15, 2022 whether it intends to oppose the motion for a stay. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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| Filing 9 MOTION to Stay Memorandum of Law in Support of Motion to Stay. Document filed by Boehringer Ingelheim Pharmaceuticals, Inc...(Zousmer, Julia) |
| Filing 8 NOTICE of Motion to Stay. Document filed by Boehringer Ingelheim Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order).(Zousmer, Julia) |
| Filing 7 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Disclosure Rule 7.1 Statement. Document filed by Boehringer Ingelheim Pharmaceuticals, Inc...(Zousmer, Julia) Modified on 12/22/2022 (db). |
| Filing 6 CIVIL COVER SHEET filed..(Agneshwar, Anand) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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) |
| Case Designated ECF. (pc) |
| Magistrate Judge Jennifer Willis 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Anand Agneshwar to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple citizenships for the defendant were selected. Choose only one for the first listed defendant. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Anand Agneshwar. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sanofi for Chattem, Inc.. Document filed by Chattem, Inc...(Agneshwar, Anand) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sanofi for Sanofi US Services Inc.. Document filed by Sanofi US Services Inc...(Agneshwar, Anand) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sanofi for Sanofi-Aventis U.S. LLC. Document filed by Sanofi-Aventis U.S. LLC..(Agneshwar, Anand) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Agneshwar, Anand) Modified on 12/2/2022 (pc). |
| Filing 1 NOTICE OF REMOVAL from New York Supreme, County of New York. Case Number: 156861/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-27030146).Document filed by Sanofi-Aventis U.S. LLC, Chattem, Inc., Sanofi US Services Inc.. (Attachments: #1 Exhibit Plaintiff's Complaint, #2 Exhibit NY State Court Docket).(Agneshwar, Anand) |
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