Pierce v. Zantac Corporation et al
| Cynthia Pierce |
| Zantac Corporation, Family Dollar, Sanofi, GlaxoSmithKline, Pfizer, Johnson & Johnson, Boehringer Ingelheim Pharmaceuticals, Inc. and CVS |
| 9:2023cv81121 |
| August 3, 2023 |
| US District Court for the Southern District of Florida |
| Bruce E Reinhart |
| Robin L Rosenberg |
| Civil Rights: Other |
| 28 U.S.C. § 1346 Wrongful Death |
| None |
Docket Report
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This docket was last retrieved on September 19, 2023. A more recent docket listing may be available from PACER.
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Filing 31
ORDER Dismissing Case With Prejudice. Granting 6945 Defendant's MOTION to Dismiss with Prejudice 6642 Order Brand Defendants Consolidated MOTION in Response to PTO 84, filed in case 20-md-2924. Cases 3:23-cv-23061, 3:23-cv-23062, 3:23-cv-23063, 3:23-cv-23064, 3:23-cv-23065, 3:23-cv-23066, 3:23-cv-23067, 3:23-cv-23068, 3:23-cv-23069, 3:23-cv-23070, 23-cv-23071, 3:23-cv-23076, 23-cv-23077, 3:23-cv-23084, 3:23-cv-23085, 3:23-cv-23088, 3:23-cv-23089, 3:23-cv-23090, 3:23-cv-23091, 3:23-cv-81118, 9:23-cv-81121, 9:23-cv-81122, 3:23-cv-23056, 3:23-cv-80956 are all Dismissed with Prejudice. Signed by Judge Robin L. Rosenberg on 9/19/2023. See attached document for full details. (jas)
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Filing 30
ORDER OF CONSOLIDATION AND ADMINISTRATIVE CLOSE-OUT. The above-styled cases, 23-cv-81118, 23-cv-81121, and 23-cv-81122 are consolidated in MDL proceeding 20-MD-2924 for all pretrial purposes, and the parties are directed to submit all filings in the MDL action. 23-cv-81118, 23-cv-81121, and 23-cv-81122 are Administratively Closed. Signed by Judge Robin L. Rosenberg on 8/22/2023. See attached document for full details. (jas)
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| Filing 29 MDL Transfer In Case Receipt from District of Northern District of Indiana. Case Number 23-cv-00111 with documents 1-26. Assigned FLSD Case Number 23-cv-81121. Re: FLSD MDL Case Number 20-md-2924. Clerks Note: JPML notified (jas) |
| Filing 28 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Bruce E. Reinhart. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas) |
| Filing 27 Case transferred in from Indiana Northern; Case Number 2:23-cv-00111. Electronic file including transfer order and docket sheet received. .(jas). |
| Filing 26 Corrected CERTIFIED TRANSFER ORDER transferring case to Multi-District Litigation 2924 in the Southern District of Florida before Judge Robin L Rosenberg for coordinated or consolidated pretrial proceedings. Signed by Karen K Caldwell Chair of the Panel on 8/3/23. Case electronically resent to Southern District of Florida.(jld) |
| Filing 25 **FILING ERROR** CERTIFIED TRANSFER ORDER transferring case to Multi-District Litigation 2924 in the Southern District of Florida before Judge Robin L Rosenberg for coordinated or consolidated pretrial proceedings. Signed by Karen K Caldwell Chair of the Panel on 8/3/23. (jld) Modified on 8/7/2023 (shk). |
| Filing 24 (uncertified) TRANSFER ORDER: Transferring case to MDL-2924 in the Southern District of Florida before Judge Robin L Rosenberg for consolidated pretrial proceedings. Signed by Karen K Caldwell, Chair of the Panel on 8/3/2023. (jld) |
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Filing 23
ORDER: The Court hereby GRANTS the motion #19 . The case is STAYED until further action by this court or transfer to Multidistrict Litigation ("MDL") No. 2924 by the United States Judicial Panel on Multidistrict Litigation ("JPML"). The parties are relieved of any pleading, discovery, or other case-related obligations until further notice. Signed by Magistrate Judge Andrew P Rodovich on 7/17/2023. (Copy mailed to pro se party)(shk)
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| Filing 22 NOTICE of Appearance by Kristopher N Kazmierczak on behalf of Boehringer Ingelheim Pharmaceuticals, Inc (Kazmierczak, Kristopher) |
| Filing 21 Corporate Disclosure Statement by Boehringer Ingelheim Pharmaceuticals, Inc identifying Corporate Parent Boehringer Ingelheim Corporation, Corporate Parent Boehringer Ingelheim USA Corporation, Other Affiliate Boehringer Ingelheim International GmbH for Boehringer Ingelheim Pharmaceuticals, Inc.. (Zweig, Sally) |
| Filing 20 BRIEF in Support of #19 MOTION to Stay re #1 Pro Se Complaint [MOTION TO STAY PROCEEDINGS PENDING TRANSFER TO MULTIDISTRICT LITIGATION NO. 2924] filed by Boehringer Ingelheim Pharmaceuticals, Inc. (Zweig, Sally) |
| Filing 19 MOTION to Stay re #1 Pro Se Complaint [MOTION TO STAY PROCEEDINGS PENDING TRANSFER TO MULTIDISTRICT LITIGATION NO. 2924] by Defendant Boehringer Ingelheim Pharmaceuticals, Inc. (Zweig, Sally) |
| Filing 18 NOTICE of Appearance by Sally Franklin Zweig on behalf of Boehringer Ingelheim Pharmaceuticals, Inc (Zweig, Sally) |
| Filing 17 SUMMONS Returned Executed by USMS obo Cynthia Pierce. Family Dollar served on 6/14/2023, answer due 7/5/2023; Zantac Corporation served on 6/12/2023, answer due 7/3/2023. (sej) |
| Filing 16 SUMMONS Returned Executed by USMS obo Cynthia Pierce. Pfizer served on 6/9/2023, answer due 6/30/2023. (sej) |
| Filing 15 SUMMONS Returned Executed by USMS obo Cynthia Pierce. Boehringer Ingelheim Pharmaceuticals, Inc served on 6/9/2023, answer due 6/30/2023; CVS served on 6/9/2023, answer due 6/30/2023; Glaxo Smith Kline served on 6/9/2023, answer due 6/30/2023; Johnson & Johnson served on 6/9/2023, answer due 6/30/2023; Sanofi served on 6/9/2023, answer due 6/30/2023. (sej) |
| Filing 14 Summons Issued as to Boehringer Ingelheim Pharmaceuticals, Inc, CVS, Family Dollar, Glaxo Smith Kline, Johnson & Johnson, Pfizer, Sanofi, Zantac Corporation. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (cc: USMS) (nhc) |
| Filing 13 REPLY to Response to Motion re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Johnson & Johnson. (Eaton, Joseph) |
| Filing 12 RESPONSE to Motion re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Cynthia Pierce. (shk) |
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Filing 11
ORDER FOR JUDGE THERESA L SPRINGMANN: The Court has received #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Johnson & Johnson. Plaintiff Cynthia Pierce has to 5/16/2023 to file a response. (Copy mailed to pro se party)(rs)
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Filing 10
MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Andrew P Rodovich on 4/25/2023. cc: Pro se Pltf (tc)
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| Filing 9 NOTICE of Appearance by Beth A Behrens on behalf of Johnson & Johnson (Behrens, Beth) |
| Filing 8 MEMORANDUM in Support of #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Johnson & Johnson. (Attachments: #1 Exhibit A - JnJ 10K, #2 Exhibit B - FTC Decision and Order)(Eaton, Joseph) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction by Defendant Johnson & Johnson. (Eaton, Joseph) |
| Filing 6 NOTICE of Appearance by Joseph G Eaton on behalf of Johnson & Johnson (Eaton, Joseph) |
| Filing 5 NOTICE of a Lawsuit and Request to Waive Service of Summons sent to Zantac Corporation, Family Dollar, Sanofi, Glaxo Smith Kline, Pfizer, Johnson & Johnson, Boehringer Ingelheim Pharmaceuticals, CVS. Waiver of Service due by 5/3/2023. (Attachments: #1 Order, #2 Complaint) (jdb) |
| Filing 4 ***ENTERED IN ERROR*** Summons Issued as to CVS, Family Dollar, Glaxo Smith Kline, Johnson & Johnson, Pfizer, Sanofi, Zantac Corporation. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (cc: USMS)(jdb) |
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Filing 3
ORDER: The Court GRANTS the Plaintiff leave to proceed in forma pauperis #2 ; DEFERS payment of the filing fee; ORDERS the Plaintiff to pay the $350.00 filing fee from the proceeds of any recovery received in this case; and DIRECTS the Clerk of Court to request Waiver of Service from (and if necessary the United States Marshals Service to serve process on) (1) Defendant Zantac Corporation at 342 W. 47th St., New York, NY, 10036, (2) Defendant Family Dollar at 1041 Monroe Rd., Matthews, NC, 28105, (3) Defendant Sanofi at 55 Corporate Dr., Bridgewater, NJ, 08807, (4) Defendant Glaxo Smith Kline at 2929 Walnut St. Ste. 1700, Philadelphia, PA, 19104, (5) Defendant Pfizer at 235 E. 42nd St., New York, NY, 10017, (6) Defendant Johnson & Johnson at 1 Johnson & Johnson Plaza, New Brunswick, NJ, 08933, (7) Defendant Boehringer Ingelheim Pharmaceuticals, Inc at 900 Ridgebury Rd., Ridgefield, CT, 06877, and (8) Defendant CVS at 1 CVS Dr., Woonsocket, RI, 02895, with a copy of this Order and the Complaint pursuant to 28 U.S.C. 1915(d). Signed by Judge Theresa L Springmann on 04/03/2023. (Copy mailed to pro se party) (jdb)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Cynthia Pierce. (nhc) |
| Filing 1 PRO SE COMPLAINT against Boehringer Ingelheim, CVS, Family Dollar, Glaxo Smith Kline, Johnson & Johnson, Pfizer, Sanofi, Zantac Corporation, filed by Cynthia Pierce. (Attachments: #1 Proposed Summons, #2 USM 285 Forms). (nhc) |
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