Hubbard et al v. Bayer Healthcare Pharmaceuticals, Inc. et al
Plaintiff: Karen Leigh Hubbard and Michael L. Hubbard
Defendant: Teva Pharmaceuticals USA Inc., Bayer Healthcare Pharmaceuticals Inc. and Bayer Pharma AG
Case Number: 1:2018cv05648
Filed: December 12, 2018
Court: US District Court for the Northern District of Georgia
Presiding Judge: William M Ray
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 5, 2019 Filing 54 Minute Entry for proceedings held before Judge William M Ray, II: Motion Hearing held on 2/5/2019. #30 Motion Exclude TAKEN UNDER ADVISEMENT. #31 Motion for Summary Judgment TAKEN UNDER ADVISEMENT. The parties provided background on the multi-district litigation. Plaintiffs first argued for their Motion to Exclude Testimony. Defendants rebutted and Plaintiff responded. The Court will take the matter under advisement and issue an order shortly. Defendants then argued for complete summary judgment. Plaintiffs rebutted the motion for summary judgment and Defendants presented their reply. Parties anticipated if this case proceeds to trial, it would last approximately two weeks. Plaintiff proffered a USB flash drive of citations referenced in their response to the Court. The Court will allow parties to file post-hearing briefs and proposed orders by March 7, 2019. Defendants are to file their reply brief to Plaintiff's subsequent brief by March 21, 2019. (Court Reporter Andy Ashley)(rlb)
February 1, 2019 Opinion or Order Filing 53 ORDER granting #46 Application for Admission Pro Hac Vice of Kaspar J. Stoffelmayr. Signed by Judge William M Ray, II on 2/1/19. (jpa)
February 1, 2019 Opinion or Order Filing 52 ORDER granting #44 Application for Admission Pro Hac Vice of Katherine M. Swift. Signed by Judge William M Ray, II on 2/1/19. (jpa)
February 1, 2019 Clerk's Certificate of Mailing as to Katherine M. Swift re #52 Order on Application for Admission PHV. (jpa)
February 1, 2019 Clerk's Certificate of Mailing as to Kaspar J. Stoffelmayr re #53 Order on Application for Admission PHV. (jpa)
January 30, 2019 Opinion or Order Filing 51 ORDER granting #45 , #49 Application for Admission Pro Hac Vice for Attorney Jean Tinkham. Signed by Judge William M Ray, II on 1/30/2019. (bnp)
January 30, 2019 APPROVAL by Clerks Office re: #46 APPLICATION for Admission of Kaspar Stoffelmayr Pro Hac Vice (Application fee $ 150, receipt number 113E-8405694). Attorney Kaspar J. Stoffelmayr added appearing on behalf of Bayer Healthcare Pharmaceuticals Inc., Bayer Pharma AG (pmb)
January 30, 2019 APPROVAL by Clerks Office re: #45 APPLICATION for Admission of Jean Tinkham Pro Hac Vice (Application fee $ 150, receipt number 113E-8405685). Attorney Jean Tinkham added appearing on behalf of Bayer Healthcare Pharmaceuticals Inc., Bayer Pharma AG (pmb) Modified on 1/30/2019 to correct attorney name. Duplicate approval (pmb).
January 30, 2019 APPROVAL by Clerks Office re: #45 APPLICATION for Admission of Jean Tinkham Pro Hac Vice (Application fee $ 150, receipt number 113E-8405685). Attorney Jean K. Tinkham added appearing on behalf of Bayer Healthcare Pharmaceuticals Inc., Bayer Pharma AG (pmb)
January 30, 2019 RETURN of #48 APPLICATION for Admission of Katherine Swift Pro Hac Vice to attorney for correction re: duplicate (pmb)
January 30, 2019 RETURN of #50 APPLICATION for Admission of Kaspar Stoffelmayr Pro Hac Vice to attorney for correction re: duplicate. (pmb)
January 30, 2019 Clerk's Certificate of Mailing as to Attorney Jean Tinkham re #51 Order on Application for Admission PHV. (bnp)
January 30, 2019 APPROVAL by Clerks Office re: #44 APPLICATION for Admission of Katherine Swift Pro Hac Vice (Application fee $ 150, receipt number 113E-8405672). Attorney Katherine M. Swift added appearing on behalf of Bayer Healthcare Pharmaceuticals Inc., Bayer Pharma AG (pmb)
January 24, 2019 Filing 50 APPLICATION for Admission of Kaspar Stoffelmayr Pro Hac Vice by Bayer Healthcare Pharmaceuticals Inc., Bayer Pharma AG. (Michel, Carol)
January 24, 2019 Filing 49 APPLICATION for Admission of Jean Tinkham Pro Hac Vice by Bayer Healthcare Pharmaceuticals Inc., Bayer Pharma AG. (Michel, Carol)
January 24, 2019 Filing 48 APPLICATION for Admission of Katherine Swift Pro Hac Vice by Bayer Healthcare Pharmaceuticals Inc., Bayer Pharma AG. (Michel, Carol)
January 24, 2019 Filing 47 NOTICE of Appearance by Carol Patrick Michel on behalf of Bayer Healthcare Pharmaceuticals Inc., Bayer Pharma AG (Michel, Carol)
January 24, 2019 Filing 46 APPLICATION for Admission of Kaspar Stoffelmayr Pro Hac Vice (Application fee $ 150, receipt number 113E-8405694)by Bayer Healthcare Pharmaceuticals Inc.. (Michel, Carol)
January 24, 2019 Filing 45 APPLICATION for Admission of Jean Tinkham Pro Hac Vice (Application fee $ 150, receipt number 113E-8405685)by Bayer Healthcare Pharmaceuticals Inc.. (Michel, Carol)
January 24, 2019 Filing 44 APPLICATION for Admission of Katherine Swift Pro Hac Vice (Application fee $ 150, receipt number 113E-8405672)by Bayer Healthcare Pharmaceuticals Inc.. (Michel, Carol)
January 3, 2019 Filing 43 NOTICE of Hearing on #30 MOTION to Exclude Testimony of Drs. Barnhart and Crowther Regarding Opinions of Dehydration and #31 MOTION for Summary Judgment for Failure to Establish That an Inadequate Warning Caused Plaintiff's Injury. Motion Hearing set for 2/5/2019 at 10:00 AM in ATLA Courtroom 1705 before Judge William M Ray II. (jkl)
January 3, 2019 Clerk's Certificate of Mailing to Bayer Healthcare Pharmaceuticals Inc., Bayer Pharma AG re #43 Notice of Hearing on Motion. (jkl)
December 28, 2018 Opinion or Order Filing 42 ORDER GRANTING Leila H. Watson's #39 Application for Admission Pro Hac Vice. Signed by Judge William M Ray, II on 12/28/2018. (btql)
December 28, 2018 Opinion or Order Filing 41 ORDER GRANTING Douglas Brett Turnbull's #40 Application for Admission Pro Hac Vice. Signed by Judge William M Ray, II on 12/28/2018. (btql)
December 28, 2018 APPROVAL by Clerks Office re: #40 APPLICATION for Admission of Douglas Brett Turnbull Pro Hac Vice (Application fee $ 150, receipt number 113E-8328369). Attorney Douglas Brent Turnbull added appearing on behalf of Karen Leigh Hubbard (pmb)
December 28, 2018 APPROVAL by Clerks Office re: #39 APPLICATION for Admission of Leila H. Watson Pro Hac Vice (Application fee $ 150, receipt number 113E-8328341). Attorney Leila H. Watson added appearing on behalf of Karen Leigh Hubbard (pmb)
December 13, 2018 Filing 40 APPLICATION for Admission of Douglas Brett Turnbull Pro Hac Vice (Application fee $ 150, receipt number 113E-8328369)by Karen Leigh Hubbard, Michael L. Hubbard. (Attachments: #1 Text of Proposed Order Proposed Order for Pro Hac Vice)(Sherrod, John)
December 13, 2018 Filing 39 APPLICATION for Admission of Leila H. Watson Pro Hac Vice (Application fee $ 150, receipt number 113E-8328341)by Michael L. Hubbard. (Attachments: #1 Text of Proposed Order Proposed Order for Pro Hac Vice)(Sherrod, John)
December 13, 2018 Submission of #30 MOTION to ExcludeTestimony of Drs. Barnhart and Crowther Regarding Opinions of Dehydration and #31 MOTION for Summary Judgment for Failure to Establish That an Inadequate Warning Caused Plaintiff's Injury to District Judge William M Ray II. (jkl)
December 12, 2018 Filing 38 Case transferred in from District of Illinois Southern; Case Number 3:14-cv-10017. Original file certified copy of transfer order and docket sheet received.
December 10, 2018 Opinion or Order Filing 37 ORDER TRANSFERRING CASE TO OTHER DISTRICT pursuant to 28 U.S.C. Section 1404(a): Case transferred to United States District Court for the Northern District of Georgia. The Clerk of Court is DIRECTED to transmit the complete file in this case to the Clerk of the United States District Court for the Northern District of Georgia. Signed by Judge David R. Herndon on 12/7/2018. #1 Joint Remand and Transfer Memorandum) (ceh) [Transferred from Illinois Southern on 12/12/2018.]
December 10, 2018 Filing 36 Memorandum to Transferee Court from Transferor Court containing case-specific details to help aid in transfer. (ceh) [Transferred from Illinois Southern on 12/12/2018.]
November 20, 2018 Opinion or Order Filing 35 CASE MANAGEMENT ORDER NO. 85 - Order Disbanding the Plaintiffs' Steering Committee. Signed by Judge David R. Herndon on 11/20/2018. (arf) [Transferred from Illinois Southern on 12/12/2018.]
September 14, 2018 Filing 34 RESPONSE in Opposition re #31 MOTION for Summary Judgment - Bayer's Motion for Summary Judgment for Failure to Establish That an Inadequate Warning Caused Plaintiff's Injury filed by All Plaintiffs. (Attachments: #1 Exhibit Deposition Excerpts Lawrence Rowley, MD, #2 Exhibit 2010 Beyaz Label - Warning Section, #3 Exhibit May 2011 Safety Announcement, #4 Exhibit October 2011 Safety Announcement, #5 Exhibit 2012 Beyaz Label - Warning Section, #6 Exhibit April 2012 Safety Announcement)(Watson, Leila) [Transferred from Illinois Southern on 12/12/2018.]
September 14, 2018 Filing 33 RESPONSE in Opposition re #30 MOTION to Exclude Testimony of Drs. Barnhart and Crowther Regarding Opinions of Dehydration, and Brief In Support filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Attachments: #1 Exhibit A - Silverman Deposition Excerpts)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.]
August 15, 2018 Filing 32 MEMORANDUM in Support re #31 MOTION for Summary Judgment - Bayer's Motion for Summary Judgment for Failure to Establish That an Inadequate Warning Caused Plaintiff's Injury filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Attachments: #1 Exhibit 1 - Dr. Rowley Deposition Excerpts, #2 Exhibit 2 - Pharmacy Records, #3 Exhibit 3 - M. Hubbard Deposition Excerpts, #4 Exhibit 4 - Medical Records, #5 Exhibit 5 - Plaintiff Produced Records)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.]
August 15, 2018 Filing 31 MOTION for Summary Judgment - Bayer's Motion for Summary Judgment for Failure to Establish That an Inadequate Warning Caused Plaintiff's Injury by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. Responses due by 9/17/2018 (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.]
August 15, 2018 Filing 30 MOTION to Exclude Testimony of Drs. Barnhart and Crowther Regarding Opinions of Dehydration, and Brief In Support by All Plaintiffs. (Attachments: #1 Exhibit Douglas County EMS Records, #2 Exhibit Tanner Hospital Records, #3 Exhibit Tackett Report, #4 Exhibit Michael Hubbard Depo Excerpts, #5 Exhibit Dr Richard Warren Depo Excerpts, #6 Exhibit Dr Mark Crowther Depo Excerpts, #7 Exhibit Dr Kurt Barnhart Depo Excerpts, #8 Exhibit Dr Kurt Barnhart Report Excerpts)(Watson, Leila) [Transferred from Illinois Southern on 12/12/2018.]
July 10, 2018 Opinion or Order Filing 29 ORDER granting #28 Unopposed Motion for Extension of Deadlines under CMO 83. The new deadlines are as follows: Deadline to file Daubert and dispositive motions, if any: 8/15/18; Deadline to jointly notify the Court of remand jurisdiction: 8/15/18; Deadline to file responses to Daubert and dispositive motions: 9/14/18. The Court advises the parties that this shall be the last extension granted. Signed by Judge David R. Herndon on 7/10/2018. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/12/2018.]
July 9, 2018 Filing 28 MOTION for Extension of Time by All Plaintiffs. (Watson, Leila) [Transferred from Illinois Southern on 12/12/2018.]
June 27, 2018 Opinion or Order Filing 27 ORDER acknowledging #26 Stipulation of Dismissal with prejudice of Teva Pharmaceuticals USA, Inc. Defendant Teva Pharmaceuticals is terminated from the litigation. Signed by Judge David R. Herndon on 6/27/2018. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/12/2018.]
June 21, 2018 Filing 26 STIPULATION of Dismissal with Prejudice of Teva Pharmaceuticals USA, Inc. only by Teva Pharmaceuticals USA, Inc.. (Suffern, Michael) [Transferred from Illinois Southern on 12/12/2018.]
June 18, 2018 Filing 25 ANSWER to #2 Complaint by Teva Pharmaceuticals USA, Inc..(Suffern, Michael) [Transferred from Illinois Southern on 12/12/2018.]
June 15, 2018 Filing 24 NOTICE of Appearance by Douglas Brett Turnbull on behalf of All Plaintiffs (Turnbull, Douglas) [Transferred from Illinois Southern on 12/12/2018.]
April 30, 2018 Opinion or Order Filing 23 ORDER granting #22 Joint Motion for Extension of CMO 83 Deadlines. The Court hereby adopts the extended deadlines laid out within the #22 motion. Signed by Judge David R. Herndon on 4/30/2018. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/12/2018.]
April 27, 2018 Filing 22 Joint MOTION for Order to- Joint Motion for an Extension of Deadlines Under Case Management Order No. 83 by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.]
February 9, 2018 Opinion or Order Filing 21 ORDER granting #20 Joint Motion for Extension of CMO 83 Deadlines. The Court hereby adopts the extended deadlines laid out in the #20 motion. Signed by Judge David R. Herndon on 2/9/2018. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/12/2018.]
February 9, 2018 Filing 20 Joint MOTION for Order to- Joint Motion for an Extension of Deadlines Under Case Management Order No. 83 by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.]
October 18, 2017 Opinion or Order Filing 19 ORDER granting #18 Unopposed Motion for Extension of Deadlines under Case Management Order No. 83. The schedule laid out within document #18 extending current deadlines by 30 days is hereby accepted by the Court. Signed by Judge David R. Herndon on 10/18/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/12/2018.]
October 18, 2017 Filing 18 MOTION for Extension of Time for Remaining Deadlines by Karen Leigh Hubbard, Michael L. Hubbard. (Watson, Leila) [Transferred from Illinois Southern on 12/12/2018.]
June 23, 2017 Opinion or Order Filing 17 ORDER granting #15 Motion for Extension of Time of CMO 83 Deadlines. The Court hereby adopts the deadlines laid out in the #15 motion extending remaining due dates by three months. Signed by Judge David R. Herndon on 6/23/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/12/2018.]
June 23, 2017 Filing 16 NOTICE REGARDING FILING re #15 Motion for Extension of Time filed by Karen Leigh Hubbard, Michael L. Hubbard. When pleadings contain multiple attorney signatures, the non-filing attorney must include the language "with consent" with his/her signature. See Section 2.1 of the CM/ECF Users Manual. This notice is for informational purposes and therefore no action is required. (cjo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/12/2018.]
June 22, 2017 Filing 15 MOTION for Extension of Time by Karen Leigh Hubbard, Michael L. Hubbard. (Watson, Leila) [Transferred from Illinois Southern on 12/12/2018.]
April 18, 2017 Opinion or Order Filing 14 ORDER granting #13 Joint Motion for an Extension of Deadlines Under Case Management Order No. 83. The extensions and deadlines proposed in the #13 motion are hereby adopted by the Court.. Signed by Judge David R. Herndon on 4/18/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/12/2018.]
April 18, 2017 Filing 13 Joint MOTION for Order to -- Joint Motion for an Extension of Deadlines Under Case Management Order 83 by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.]
November 22, 2016 Opinion or Order Filing 12 MINUTE ORDER granting #11 Motion for Minute Orders Establishing Effective Date under Section II of CMO 83: In Accord with Section II of CMO 83 and Bayer's motion related thereto, November 22, 2016, shall be the "Effective Date" for purposes of setting deadlines for case-specific discovery in this case under Section III of CMO 83. Signed by Judge David R. Herndon on 11/22/2016. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/12/2018.]
November 21, 2016 Filing 11 MOTION for Order to - Motion for Minute Orders Under CMO 83 by Bayer Healthcare Pharmaceuticals, Inc.. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.]
December 24, 2015 Filing 10 NOTICE by Bayer Healthcare Pharmaceuticals, Inc. re #9 MOTION for Order to Dismiss With Prejudice Plaintiffs Under CMO 79 -- Notice of Withdrawal of Motion to Dismiss With Prejudice Plaintiffs Under CMO 79 (Galvin, John) [Transferred from Illinois Southern on 12/12/2018.]
December 21, 2015 Filing 9 MOTION for Order to Dismiss With Prejudice Plaintiffs Under CMO 79 by Bayer Healthcare Pharmaceuticals, Inc.. (Galvin, John) [Transferred from Illinois Southern on 12/12/2018.]
April 17, 2014 Filing 8 ANSWER to #2 Complaint and Additional Defenses by Bayer Pharma AG.(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.]
April 17, 2014 Filing 7 ANSWER to #2 Complaint and Additional Defenses by Bayer Healthcare Pharmaceuticals, Inc..(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.]
March 18, 2014 Filing 6 NOTICE OF ERRORS AND/OR DEFICIENCIES re #4 Return of Service Executed, Summons Returned Executed filed by Karen Leigh Hubbard, Michael L. Hubbard. See attached document for specifics. (cjo) [Transferred from Illinois Southern on 12/12/2018.]
March 17, 2014 Filing 5 SUMMONS Returned Executed by Karen Leigh Hubbard, Michael L. Hubbard. Teva Pharmaceuticals USA, Inc. served on 2/24/2014, answer due 3/17/2014. (Watson, Leila) [Transferred from Illinois Southern on 12/12/2018.]
March 17, 2014 Filing 4 SUMMONS Returned Executed by Karen Leigh Hubbard, Michael L. Hubbard. Bayer Healthcare Pharmaceuticals, Inc. served on 2/28/2014, answer due 3/21/2014. (Watson, Leila) Modified on 3/18/2014 (cjo). [Transferred from Illinois Southern on 12/12/2018.]
January 21, 2014 Filing 3 Summons Issued as to Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG, Teva Pharmaceuticals USA, Inc.. (cekf) [Transferred from Illinois Southern on 12/12/2018.]
January 17, 2014 Filing 2 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0754-2173969.), filed by Karen Leigh Hubbard, Michael L. Hubbard. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Watson, Leila) [Transferred from Illinois Southern on 12/12/2018.]
January 17, 2014 Filing 1 Case Opened. Documents may now be electronically filed. Case number 14-10017-DRH-PMF must be placed on all documents prior to filing them electronically. (cekf) [Transferred from Illinois Southern on 12/12/2018.]

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Search for this case: Hubbard et al v. Bayer Healthcare Pharmaceuticals, Inc. et al
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Defendant: Teva Pharmaceuticals USA Inc.
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Defendant: Bayer Healthcare Pharmaceuticals Inc.
Represented By: Adam L. Hoeflich
Represented By: Kaspar J. Stoffelmayr
Represented By: Carol Patrick Michel
Represented By: Jean K. Tinkham
Represented By: Terry Lueckenhoff
Represented By: John E. Glavin
Represented By: Katherine M. Swift
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Defendant: Bayer Pharma AG
Represented By: Adam L. Hoeflich
Represented By: Kaspar J. Stoffelmayr
Represented By: Carol Patrick Michel
Represented By: Jean K. Tinkham
Represented By: Terry Lueckenhoff
Represented By: John E. Glavin
Represented By: Katherine M. Swift
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Plaintiff: Karen Leigh Hubbard
Represented By: Michael A. London
Represented By: Leila H. Watson
Represented By: John Wesley Sherrod
Represented By: Douglas Brent Turnbull
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Plaintiff: Michael L. Hubbard
Represented By: Michael A. London
Represented By: Leila H. Watson
Represented By: John Wesley Sherrod
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