Tutwiler v. Walgreen Co. et al
| Chiquita Tutwiler |
| Walgreen Co, Walgreens Boots Alliance, Inc., Boehringer Ingelheim Pharmaceuticals, Inc., Boehringer Ingelheim Corporation, Boehringer Ingelheim U.S.A. Corporation, GlaxoSmithkline LLC, GlaxoSmithKline Holdings (Americas) Inc, Pfizer Inc, Sanofi-Aventis U.S. LLC and Sanofi U.S. Services Inc. |
| 9:2024cv80124 |
| February 2, 2024 |
| US District Court for the Southern District of Florida |
| Bruce E Reinhart |
| Robin L Rosenberg |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Both |
Docket Report
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Filing 34
PRETRIAL ORDER # 80 Procedures for the Filing of All Future Claims in this MDL. Case is administratively closed and stayed. Signed by Judge Robin L. Rosenberg on 2/2/2024. See attached document for full details. (jas)
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| Filing 33 MDL Transfer In Case Receipt from District of Northern District of Illinois. Case Number 23-cv-13952 with documents 1-30. Assigned FLSD Case Number 24-cv-80124. Re: FLSD MDL Case Number 20-md-2924. Clerks Note: JPML notified (jas) |
| Filing 32 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Bruce E. Reinhart. (jas) |
| Filing 31 Case transferred in from Illinois Northern; Case Number 1:23-cv-13952. Electronic file including transfer order and docket sheet received. .(jas). |
| Filing 30 TRANSFERRED to the Southern District of Florida the electronic record. (daj, ) |
| Filing 29 CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to the Southern District of Florida. (daj, ) |
| Civil Case Terminated pursuant to MDL 2924 Conditional Transfer Order filed 01/31/2024. (daj, ) |
| Filing 28 MINUTE entry before the Honorable Thomas M. Durkin: A joint status report is due by 3/6/2024. Mailed notice. (ecw, ) |
| Filing 27 STATUS Report JOINT STATUS REPORT REGARDING CONDITIONAL TRANSFER TO ZANTAC MULTIDISTRICT LITIGATION by Boehringer Ingelheim Corporation, Boehringer Ingelheim Pharmaceuticals, Inc., Boehringer Ingelheim USA Corporation, GlaxoSmithKline Holdings (Americas), Inc., GlaxoSmithKline, LLC, Pfizer, Inc., Sanofi U.S. Services, Inc. (Zousmer, Julia) |
| Filing 26 MINUTE entry before the Honorable Thomas M. Durkin: A joint status report is due by 1/16/2024. Mailed notice. (ecw, ) |
| Filing 25 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) |
| Filing 24 STATUS Report JOINT STATUS REPORT REGARDING CONDITIONAL TRANSFER TO ZANTAC MULTIDISTRICT LITIGATION by Boehringer Ingelheim Corporation, Boehringer Ingelheim Pharmaceuticals, Inc., Boehringer Ingelheim USA Corporation, GlaxoSmithKline Holdings (Americas), Inc., GlaxoSmithKline, LLC, Pfizer, Inc., Sanofi U.S. Services, Inc., Sanofi-Aventis U.S. LLC (Zousmer, Julia) |
| Filing 23 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by GlaxoSmithKline Holdings (Americas), Inc., GlaxoSmithKline, LLC (Fakhouri, Rami) |
| Filing 22 ATTORNEY Appearance for Defendants GlaxoSmithKline Holdings (Americas), Inc., GlaxoSmithKline, LLC by Rami N Fakhouri (Fakhouri, Rami) |
| Filing 21 ATTORNEY Appearance for Plaintiff Chiquita Tutwiler by John Anthony Bruegger (Bruegger, John) |
| Filing 20 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sanofi U.S. Services, Inc. (Roselius, Joseph) |
| Filing 19 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sanofi-Aventis U.S. LLC (Roselius, Joseph) |
| Filing 18 ATTORNEY Appearance for Defendants Sanofi U.S. Services, Inc., Sanofi-Aventis U.S. LLC by Joseph Anton Roselius (Roselius, Joseph) |
| Filing 17 ATTORNEY Appearance for Defendant Pfizer, Inc. by Stephanie Ann Scharf (Scharf, Stephanie) |
| Filing 16 MOTION by Plaintiff Chiquita Tutwiler to remand and Memorandum of Law (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Bruegger, John) |
| Filing 15 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pfizer, Inc. (Sax, George) |
| Filing 14 ATTORNEY Appearance for Defendant Pfizer, Inc. by George D Sax (Sax, George) |
| Filing 13 MINUTE entry before the Honorable Thomas M. Durkin: Defendants' opposed motion to stay all proceedings pending transfer to multidistrict litigation #11 is granted. "In deciding whether to grant a stay pending the JPML decision to transfer a case to an MDL, courts consider: (1) whether judicial economy favors a stay; (2) the potential prejudice to the non-moving party; and (3) any hardship or inequity to the moving party if the case is not stayed." Paul v. Aviva Life & Annuity Co., No. 09-cv-01038, 2009 WL 2244766, at *2 (N.D. Ill. July 27, 2009). All three factors favor a stay until such time as the JPML decides Plaintiff's objection to the conditional transfer order, as noted in R. 12. If this case and other similar cases in this District are to be transferred, it is more efficient and less prejudicial to Defendants for the MDL court to decide the issue of remand in all similar cases at once. A stay will not cause undue prejudice to Plaintiff because she can raise the issue of remand once her objection to transfer is decided. Accordingly, Defendants' motion for extension of time to answer or otherwise plead #10 is denied as moot. This case is stayed until further order of the Court. The parties are to file a joint report on the status of the conditional transfer order on or before 11/6/23. Mailed notice. (kp, ) |
| Filing 12 NOTICE by Chiquita Tutwiler of Filing Opposition to Conditional Transfer Order (CTO-119) with JPML (Attachments: #1 Exhibit)(Bruegger, John) |
| Filing 11 MOTION by Defendants Boehringer Ingelheim Corporation, Boehringer Ingelheim Pharmaceuticals, Inc., Boehringer Ingelheim USA Corporation, GlaxoSmithKline Holdings (Americas), Inc., GlaxoSmithKline, LLC, Pfizer, Inc., Sanofi U.S. Services, Inc., Sanofi-Aventis U.S. LLC to stay All Proceedings Pending Transfer to Multidistrict Litigation (Opposed) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Zousmer, Julia) |
| Filing 10 MOTION by Defendants Boehringer Ingelheim Corporation, Boehringer Ingelheim Pharmaceuticals, Inc., Boehringer Ingelheim USA Corporation, GlaxoSmithKline Holdings (Americas), Inc., GlaxoSmithKline, LLC, Pfizer, Inc., Sanofi U.S. Services, Inc., Sanofi-Aventis U.S. LLC for extension of time to file answer (Zousmer, Julia) |
| Filing 9 MINUTE entry before the Honorable Thomas M. Durkin: By 11/27/2023, the parties are to file a joint status report. The parties may refer to the format detailed on the Court's website under New and Reassigned cases. Mailed notice. (kp, ) |
| Filing 7 MAILED Notice of Removal letter to counsel of record. (daj, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (daj, ) |
| Filing 8 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Thomas M. Durkin for all further proceedings. Honorable Andrea R. Wood no longer assigned to the case pursuant to IOP 13(f)(1). Signed by Executive Committee on 09/22/2023. (daj, ) |
| Filing 6 ATTORNEY Appearance for Plaintiff Chiquita Tutwiler by John Anthony Bruegger (Special and Limited Entry of Appearance) (Bruegger, John) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Boehringer Ingelheim Corporation, Boehringer Ingelheim Pharmaceuticals, Inc., Boehringer Ingelheim USA Corporation (Zousmer, Julia) |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Keri L Holleb Hotaling. Case assignment: Random assignment. (jxm, ) |
| Filing 4 ATTORNEY Appearance for Defendants Boehringer Ingelheim Corporation, Boehringer Ingelheim Pharmaceuticals, Inc., Boehringer Ingelheim USA Corporation by Christopher Patrick Eby (Eby, Christopher) |
| Filing 3 ATTORNEY Appearance for Defendants Boehringer Ingelheim Corporation, Boehringer Ingelheim Pharmaceuticals, Inc., Boehringer Ingelheim USA Corporation by Julia Ruth Zousmer (Zousmer, Julia) |
| Filing 2 CIVIL Cover Sheet (Zousmer, Julia) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2023-L-007875) filed by Boehringer Ingelheim Corporation, Boehringer Ingelheim Pharmaceuticals, Inc., Boehringer Ingelheim USA Corporation Filing fee $ 402, receipt number AILNDC-21118563. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Zousmer, Julia) |
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