Bobbitt v. Sanofi-Aventis U.S. LLC, et al.
| Joseph Bobbitt |
| Zantac, Sanofi Pharma, Co., Walgreens Pharmacy Services, Cermack Health Services, Cook County Department of Corrections, Boswell Pharmacy Services, Wexford Health Sources Inc., Illinois Department of Corrections, Dr. Zahtz, Lt. Cole, Dr. Steve Meeks, Sanofi-Aventis U.S. LLC, Sanofi US Services, Chattem Inc., Boehringer Ingelheim Pharmaceuticals, Inc. and Sanofi S.A. |
| 9:2022cv80149 |
| January 31, 2022 |
| US District Court for the Southern District of Florida |
| Robin L Rosenberg |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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Filing 39
ORDER OF CONSOLIDATION AND ADMINISTRATIVE CLOSE-OUT. Signed by Judge Robin L. Rosenberg on 2/22/2022. See attached document for full details. (mc)
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| Filing 38 MDL Transfer In Case Receipt from Northern District of Illinois. Case Number 3:20-cv-50436 with documents 1-35. Assigned FLSD Case Number 9:22-cv-80149-RLR Bobbitt v. Sanofi-Aventis U.S. LLC, et al on 1/31/2022. Re: FLSD MDL Case Number 9:20-md-02924-RLR pursuant to Conditional Transfer Order 89. Clerks Note: JPML notified (mc) |
| Filing 37 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg. (mc) |
| Filing 36 Case transferred in from Illinois Northern; Case Number 3:20-cv-50436. Electronic file including transfer order and docket sheet received. .(mc). |
| Filing 35 TRANSFERRED to the Southern District of Florida the electronic record. (Attachments: #1 Transmittal Letter from the Southern District of Florida)(jp, ) |
| Filing 34 CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to the Southern District of Florida. (jp, ) |
| Civil Case Terminated pursuant to MDL 2924 Conditional Transfer Order filed 01/28/2022. (jp, ) |
| Filing 33 MINUTE entry before the Honorable Margaret J. Schneider: The Court has received and reviewed Plaintiff's status report #32 . According to the report, service with the U.S. Marshal's Office remains outstanding. Plaintiff's counsel further reports that she believes this case may be suitable for inclusion with the Zantac MDL. Plaintiff is directed to file a status report by 02/28/22, updating the Court on the status of service. Mailed notice. (jxk) |
| Filing 32 STATUS Report by Joseph Bobbitt (Alexander, Mamie) |
| Filing 31 MINUTE entry before the Honorable Margaret J. Schneider: The Court has received and reviewed Plaintiff's status report #30 . Counsel reports that service forms and deposits have been sent to the Marshal for service of Defendants. Counsel does not report regarding her investigation of whether this case belongs with the Zantac MDL. Counsel is directed to file a status report by 01/06/22 regarding the status of service and her investigation of whether this case belongs with the Zantac MDL. Mailed notice. (jxk) |
| Filing 30 STATUS Report Initial Status Report by Joseph Bobbitt (Alexander, Mamie) |
| Filing 29 MINUTE entry before the Honorable Margaret J. Schneider: Telephonic status conference held on 10/13/21 to discuss the status of the case. Service on Defendants is still pending. The Marshal has returned the summonses unexecuted, with a notation indicating that the Marshal has not received completed USM-285 forms or the required fees for service #28 . If Plaintiff wants the Marshal to proceed with service, he must pay the required deposit when requested. If he does not do so, the Court may recommend that this case be dismissed for failure to effectuate service. Fed. R. Civ. P. 4(m). The Clerk is directed to: (1) issue alias summonses for service of the amended complaint on Defendants Sanofi-Aventis U.S. LLC, Sanofi U.S. Services, Inc., Chattem, Inc., Boehringer Ingelheim Pharmaceuticals, Inc., and Sanofi, S.A. by the U.S. Marshal; (2) send Plaintiff's counsel five blank USM-285 forms for service of Defendants and a copy of this order; and (3) send Plaintiff a copy of this order at Dixon Correctional Center, as he is personally responsible for paying the service fees. The Court observes that counsel indicated at the 10/13/2021 status hearing that she had returned the service forms. Counsel may contact the U.S. Marshal regarding this issue, or any other service issues, at ILN.Civil@usdoj.gov. Counsel is directed to file a status report by 12/03/2021 regarding the status of service and her investigation of whether this case belongs with the Zantac MDL. Mailed notice. (jxk) |
| ALIAS Summons Issued as to Defendants Boehringer Ingelheim Pharmaceuticals, Inc., Chattem, Inc., Sanofi U.S. Services, Sanofi, S.A., Sanofi-Aventis U.S. LLC,. (jxk) |
| MAILED Copy of Order dated 10/13/2021 to Plaintiff and Plaintiff's Counsel, and five blank USM-285 forms mailed to Plaintiff's counsel. (jxk) |
| Filing 28 LETTER from U.S. Marshal dated 10/8/21 stating that funds were requested from plaintiff and no return of completed USM 285 forms. The U.S. Marshal was unable to execute summonses without fees for service (pg, ) |
| Filing 27 ATTORNEY Appearance for Plaintiff Joseph Bobbitt by Mamie A. Alexander (Alexander, Mamie) |
| Filing 26 MINUTE entry before the Honorable Margaret J. Schneider: Initial telephonic status hearing set for 10/13/21 at 10:00 a.m. The Court will be utilizing the Cisco Webex platform. Public access is available via the following call-in number: 1-(650)-479-3207 and enter ACCESS CODE: 180-822-8235#. Plaintiff and lead defense counsel with full knowledge of the case must appear at the initial status hearing. The parties shall jointly complete the PDF fillable initial status report form found on Judge Schneider's webpage and file by 10/06/21. Plaintiff is directed to notify any party filing an appearance to the entry of this order. Mailed notice. (jxk) |
| MAILED Copy of order, amended complaint and summonses to US Marshal via email (yxp, ) |
| Filing 25 AMENDED complaint by Joseph Bobbitt against Boehringer Ingelheim Pharmaceuticals, Inc., Chattem, Inc., Sanofi U.S. Services, Sanofi-Aventis U.S. LLC, Sanofi, S.A. (yxp, ) Modified on 8/13/2021 (yxp, ). |
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Filing 24
ORDER with Statement; The Court has reviewed Plaintiff's amended complaint #23 and it is accepted for filing. For the reasons stated, the Court recruits counsel to represent Plaintiff for the limited purpose of assisting with service and the determination of whether this case will be transferred to the MDL handling Zantac cases. After those issues, are resolved, the Court will re-evaluate the need for counsel should the case proceed in this district. The Court recruits Mamie A. Alexander, The Alexander Law Group, LLC, 4655 King Drive, Suite 105, Chicago IL 60653, malexander@alexanderlawgrp.com, to represent to represent Plaintiff in accordance with counsel's trial bar obligations under N.D. Ill. Local Rules 83.11(h) and 83.37.1 By September 24, 2021, counsel shall file an appearance. The Clerk is directed to: (1) file the amended complaint #23 ; (2) hyphenate "Sanofi-Aventis U.S. LLC" on the docket; (3) issue summonses for service of the amended complaint on Defendants Sanofi-Aventis U.S. LLC, Sanofi U.S. Services, Inc., Chattem, Inc., Boehringer Ingelheim Pharmaceuticals, Inc., and Sanofi, S.A. by the U.S. Marshal; (3) send Plaintiff's counsel five blank USM-285 forms for service of Defendants and a copy of this order; and (4) send a copy of this order to Plaintiff and to the PACER Service Center and Systems Department as set forth below. See the attached order for details. Signed by the Honorable Iain D. Johnston on 8/13/2021: Mailed notice(yxp, )
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| SUMMONS Issued as to Defendants Boehringer Ingelheim Pharmaceuticals, Inc., Chattem, Inc., Sanofi U.S. Services, Sanofi, S.A., Sanofi-Aventis U.S. LLC, (yxp, ) |
| Filing 23 FIRST MENDED complaint by Joseph Bobbitt against Sanofi Aventis U.S. LLC, Sanofi U.S. Services, Chattem, Inc., Boehringer Ingelheim Pharmaceuticals, Inc., Sanofi, S.A. and terminating Cole, Cook County Department of Corrections, Illinois Department of Corrections, Steve Meeks, Walgreens Pharmacy Services, Wexford Health Sources, Inc., Zahtz, Zantac, Sanofi Pharma, Co., Boswell Pharmacy Services and Cermack Health Services. (Attachments).(gcy, ) |
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Filing 22
ORDER; Plaintiff's motion for an extension of time #21 is granted to the extent that Plaintiff hasuntil July 1, 2021, to submit a proposed amended complaint. Plaintiff requests an extension due to limited law library access as result of the COVID-19 pandemic. Plaintiff is reminded that he need not conduct legal research or cite cases or statutes in his amended complaint, but should provide a brief summary of the facts underlying his claim and how each Defendant was involved. Failure to submit a proposed amended complaint by the deadline may result in dismissal of this matter. Signed by the Honorable Iain D. Johnston on 5/18/2021: Mailed notice (yxp, )
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| Filing 21 MOTION by Plaintiff Joseph Bobbitt for extension of time to file an Amended Complaint (Attachments: #1 Envelope)(pg, ) |
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Filing 20
ORDER; Plaintiff's motion to reconsider recruitment of counsel #19 is denied without prejudice. The Court extends the deadline for Plaintiff to submit a proposed amended complaint to June 1, 2021. Failure to do so may result in dismissal of this case. See the attached order for full details. Signed by the Honorable Iain D. Johnston on 5/7/2021:Mailed notice(yxp, )
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| Filing 19 MOTION by Plaintiff Joseph Bobbitt to Reconsider Appointment of Counsel (Attachments: #1 Certificate of Service, #2 Envelope) (jp, ) |
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Filing 18
ORDER with Statement; The Court has reviewed Plaintiff's complaint #1 pursuant to 28 U.S.C. 1915A, and it neither states a federal claim nor states sufficient facts establishing diversity jurisdiction. Failure to submit a proposed amended complaint by May 28, 2021, will result in dismissal of this case. Plaintiff also must promptly submit a change-of-address notification if he is transferred to another facility or released. If Plaintiff fails to keep the Court informed of his address, this action will be subject to dismissal for failure to comply with a Court order and for failure to prosecute. The Clerk is directed to mail Plaintiff a blank amended complaint form and a copy of this order. See the attached order for details. Signed by the Honorable Iain D. Johnston on 4/12/2021: Mailed notice (yxp, )
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| MAILED Copy of order #18 and amended complaint form to Joseph Bobbitt via USPS (yxp, ) |
| Filing 17 LETTER from Joseph Bobbitt regarding offender authorization payment for 13C1119. (Attachments: #1 Offender Authorization For Payment, #2 Envelope)(pg, ) |
| Filing 16 MINUTE entry before the Honorable Iain D. Johnston: Plaintiff submitted a letter dated Feb. 18, 2021, indicating that he had paid all outstanding fees, including the $350.00 owed for Bobbitt v. Does 1-3, No. 13 C 1119 #15 . However, Court and Fiscal Department records do not indicate receipt of this payment. Plaintiff should inquire with the trust fund officer regarding the status of this payment. He should also submit to the Court a copy of his "Offender Authorization for Payment" form and any other documentation he has from the prison regarding this payment. The Court extends the deadline for payment of this outstanding fee to 3/29/2021. Failure to do so will result in dismissal of this case. Mailed notice (yxp, ) |
| Filing 15 LETTER from Joseph Bobbitt dated 2/18/2021. (Attachments: #1 Envelope) (jp, ) |
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Filing 14
EXECUTIVE COMMITTEE ORDER: General Order 21-0004: It appearing that Margaret J. Schneider has been appointed as a United States Magistrate Judge for the Northern District of Illinois, Western Division; and It further appearing that under the general provisions of Internal Operating Procedure 17 provides for the creation of the initial calendar for a newly appointed magistrate judge by equalization; therefore IT IS HEREBY ORDERED that the attached list of civil consent cases and civil referral cases shall be reassigned to form the initial calendar of the Honorable Margaret J. Schneider; and IT IS FURTHER ORDERED pursuant to Local Rule 72.1 that Magistrate Judge Schneider is to become the designated magistrate judge in any pending civil case where former Magistrate Judge Johnston was the designated magistrate judge; and IT IS FURTHER ORDERED that unless otherwise ordered by Magistrate Judge Schneider, all hearing dates, deadlines, and schedules set in the attached list of cases are to remain in effect; and IT IS FURTHER ORDERED that all parties affected by this Order must review Magistrate Judge Schneider's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add Magistrate Judge Schneider the Courts' civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add Magistrate Judge Schneider to the Court's criminal case assignment system in six (6) months so that Magistrate Judge Schneider shall thereafter receive a full share of such cases.. Case reassigned to the Honorable Margaret J. Schneider for all further proceedings. Honorable Lisa A. Jensen no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 2/11/2021. (tg, )
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Filing 13
ORDER with Statement; As set forth below, Plaintiff has partially complied with the Court's Nov. 24, 2020, order. However, the $350.00 filing fee remains outstanding for Bobbitt v. Does 1-3, No. 13 C 1119. If Plaintiff wants to proceed with this case, he must, by March 17, 2021, either pay the outstanding fee or explain in writing why he should be allowed to proceed with this case without paying it. Failure to do so will result in dismissal of this case. The Court defers screening of Plaintiff's complaint #1 pending compliance with this order. See attachment for full detail. Signed by the Honorable Iain D. Johnston on 2/1/2021: Mailed notice (yxp, )
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| Confirmation of receipt of payment from DIXON CORR for JOSEPH BOBBITT in the amount of $400.00. Transaction posted on 1/8/2021. Receipt number 4624251027 processed by la. (docket2, ) |
| Filing 11 RECEIPT regarding payment of filing fee paid on 1/8/2021 in the amount of $400.00, receipt number 4624251027. (lma, ) |
| Filing 12 LETTER from Joseph Bobbitt dated 12/19/2020. (Attachments: #1 Envelope)(jp, ) |
| Filing 10 LETTER from Joseph Bobbitt dated 12/19/2020. (Attachments: #1 Envelope)(jp, ) |
| Filing 9 MINUTE entry before the Honorable Iain D. Johnston: Plaintiffs' motion to transfer venue #8 is stricken as premature. Plaintiff must comply with the Court's 11/24/2020 order before continuing with this case. Mailed notice (yxp, ) |
| Filing 8 MOTION by Plaintiff Joseph Bobbitt to Transfer Venue (Attachments: #1 Certificate of Service, #2 Exhibit, #3 Envelope)(jp, ) |
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Filing 7
ORDER with Statement; Plaintiff's application for leave to proceed in forma pauperis #3 is denied for lack of a sufficient showing of indigence. Plaintiff's motion service of process at government expense #5 is denied. Plaintiff's motion for attorney representation #4 is denied without prejudice. If Plaintiff wants to proceed with this case, he must (1) pre-pay the $400.00 filing fee; and (2) either pay all outstanding filing fees or explain in writing why he should be allowed to bring new lawsuits in this court while those fees remain unpaid. Failure to fully comply with this order by January 5, 2021, will result in dismissal of this action. The Court defers screening of Plaintiff's complaint #1 pending compliance with this order. See attachment for full detail. Signed by the Honorable Iain D. Johnston on 11/24/2020:Mailed notice(yxp, )
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| Filing 6 PRO SE Appearance by Plaintiff Joseph Bobbitt. (jp, ) |
| Filing 5 MOTION by Plaintiff Joseph BobbittFor Service of Process at Government Expense. (jp, ) |
| Filing 4 MOTION by Plaintiff Joseph Bobbitt for attorney representation. (jp, ) |
| Filing 3 APPLICATION by Plaintiff Joseph Bobbitt for leave to proceed in forma pauperis. (jp, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (jp, ) |
| Filing 1 RECEIVED COMPLAINT by Joseph Bobbitt; Jury Demand. (Attachments: #1 Exhibit, #2 Certificate of Service) (jp, ) |
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