Peng, et al v. Bayer Corp, et al
| Da Gan Peng, Yue-Feng Chiu, Jun-Yi Wu, Ren-Hsian Wu and Su Chang Cheng-Hui |
| Bayer Corporation, Baxter Healthcare Corporation, Armour Pharmaceutical Company, Inc., Aventis Behring LLC and Alpha Therapeutic Corporation |
| 1:2004cv04868 |
| July 23, 2004 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| John F Grady |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on July 14, 2009. A more recent docket listing may be available from PACER.
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Filing 59
MEMORANDUM Opinion and Order signed by the Honorable John F. Grady on 7/14/2009: The defendants renewed motion to dismiss the Taiwan plaintiffs on grounds of forum non conveniens is allowed.The parties may prepare and submit to the court by July 28, 2009 a proposed judgment order, similar to the other forum non conveniens judgment orders we have entered in this litigation, containing the usual protective provisions, and providing for (1) the dismissal of the claim of the plaintiff Chen-Chen Huang, with prejudice, as time-barred, and (2) the dismissal of the contract claims of the remaining plaintiffs on the ground of forum non conveniens, without prejudice to refiling in Taiwan. Mailed notice(jlj, )
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Filing 58
FINAL JUDGMENT ORDER. Signed by the Honorable John F. Grady on 4/15/2009. (aac, )
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Filing 57
MINUTE entry before the Honorable John F. Grady: Enter final judgment order. In accordance with the Court's two Memorandum Opinions and Orders dated 3/26/09, entered on 3/27/09 as Documents 1918 and 1920, granting summary judgment in favor of defendants, final judgment is hereby entered in Peng, et al. v. Bayer Corp., et al., Case No. 04 C 4868 (Peng), Chang, et al. v. Bayer Corp., et al., Case No. 04 C 4869 (Chang), and Ho, et al. v. Bayer., et al., Case No. 06 C 7012 (Ho). All claims of each of the plaintiffs in the above captioned cases are dismissed with prejudice as to all defendants for the reasons set forth in the Court's Memorandum Opinions and Orders entered as Documents 1918 and 1920. [ For further detail see separate order(s).] Mailed notice (aac, )
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Filing 56
ORDER. Signed by the Honorable John F. Grady on 3/26/2009. (aac, )
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Filing 55
MINUTE entry before the Honorable John F. Grady: ENTER ORDER. The motion of Baxter Healthcare Corporation for summary judgment will be granted as to thirty-three of the Taiwanese plaintiffs. Baxter's motion is denied as to the remaining three Taiwanese plaintiffs. The granting of this motion will be an additional ground for the judgment to be entered in favor of the defendant Baxter Corporation. [ For further detail see separate order(s).] Mailed notice (aac, )
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Filing 54
MEMORANDUM Opinion and Order. Signed by the Honorable John F. Grady on 3/26/2009. (aac, )
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Filing 53
MINUTE entry before the Honorable John F. Grady: ENTER MEMORANDUM OPINION AND ORDER. For the foregoing reasons, we conclude that all of plaintiffs' tort claims are time-barred both in Taiwan and in California. There are no genuine issues of material fact, and the defendants are entitled to judgment as a matter of law. Accordingly, judgment will be entered in favor of the defendants Bayer Corporation and Baxter Healthcare Corporation and against the Taiwanese plaintiffs, dismissing these causes with prejudice. The parties are requested to confer and submit a proposed judgment order within 14 days. [ For further detail see separate order(s).] Mailed notice (aac, )
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Filing 52
MINUTE entry before the Honorable John F. Grady: Pursuant to consent order granting substitution of attorney ( #38 ), Michael Lin Baum is given leave to substitute as counsel of record for the plaintiffs. Patrick McNicholas, Esq., of McNicholas & McNicholas is given leave to withdraw. Nunc pro tunc 7/24/08. Mailed notice (aac, )
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Filing 51
DECLARATION of Gregg W. Marsano regarding reply #49 (Attachments: #1 Exhibit A-C)(Berkman, Richard)
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Filing 50
REPLY by Defendant Baxter Healthcare Corporation to objections [MDL Docket no. 1900] of plaintiffs to defendant Baxter Healthcare's undisputed material facts (reply statement of facts) (Berkman, Richard)
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Filing 49
REPLY by Defendant Baxter Healthcare Corporation to memorandum in opposition to motion [MDL Docket no. 1907] for summary judgment on plaintiffs' tort claims against Baxter Healthcare (Berkman, Richard)
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Filing 48
STATEMENT of Undisputed Material Facts by Defendant Baxter Healthcare Corporation (Duplicate of docket no. 45) (Berkman, Richard) Modified on 1/30/2009 (aac, ).
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Filing 47
MEMORANDUM by Baxter Healthcare Corporation in support of motion for summary judgment #45 (Duplicate of docket no. 45) (Berkman, Richard) Modified on 1/30/2009 (aac, ).
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Filing 46
ATTORNEY Appearance for Defendant Baxter Healthcare Corporation by Richard L. Berkman (Berkman, Richard)
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Filing 45
MOTION by Defendant Baxter Healthcare Corporation for summary judgment Statement of Undisputed Material Facts; Memorandum of Law; Certificate of Service (Berkman, Richard)
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Filing 44
MEMORANDUM Opinion and Order. Signed by the Honorable John F. Grady on 1/14/2009. (aac, )
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Filing 43
MINUTE entry before the Honorable John F. Grady: ENTER MEMORANDUM OPINION AND ORDER. The motion of the defendants to dismiss the plaintiffs from Taiwan on grounds of forum non conveniens is denied. It appears that a suggestion to the Judicial Panel on Multidistrict Litigation Panel that these cases be remanded to the transferor courts in California would now be appropriate. If either side has an objection to such a suggestion, the objection should be submitted by January 23, 2009. [ For further detail see separate order(s).] Mailed notice (aac, )
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Filing 40
ATTORNEY Appearance for Defendant Baxter Healthcare Corporation by R. David Walk, Jr (Walk, R.)
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Filing 39
ATTORNEY Appearance for Defendant Bayer Corporation by Geoffrey R W Smith (Smith, Geoffrey)
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Filing 38
MOTION by Plaintiff Da Gan Peng to substitute attorney Patrick McNicholas, Esq. of McNicholas & McNicholas LLP with Michael L. Baum, of Baum, Hedlund, Aristei & Goldman PC (Baum, Michael)
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Filing 37
MINUTE entry before Judge Honorable John F. Grady:Motion to withdraw #36 is granted. Attorney Elizabeth Catherine Curtin terminated.Mailed notice (jlj, )
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Filing 36
MOTION by Defendants Armour Pharmaceutical Company, Inc., Aventis Behring LLC to withdraw attorney appearance #35 (Attachments: #1 Text of Proposed Order)(Curtin, Elizabeth)
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Filing 35
ATTORNEY Appearance for Defendants Armour Pharmaceutical Company, Inc., Aventis Behring LLC by Elizabeth Catherine Curtin (Curtin, Elizabeth)
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Filing 34
ATTORNEY Appearance for Defendant Bayer Corporation by Carolyn J. Frantz (Frantz, Carolyn)
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Filing 33
ATTORNEY Appearance for Defendant Bayer Corporation by Lindley J. Brenza (Brenza, Lindley)
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Filing 32
ATTORNEY Appearance for Defendant Bayer Corporation by Kaspar J. Stoffelmayr (Stoffelmayr, Kaspar)
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Filing 31
ANSWER to Complaint with Jury Demand and Certificate of Interested Parties by Bayer Corporation(Davis, Kevin)
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Filing 42
MEMORANDUM Opinion. Signed by the Honorable John F. Grady on 10/27/2006. (aac, )
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Filing 41
MINUTE entry before the Honorable John F. Grady: ENTER MEMORANDUM OPINION ORDER. [ For further detail see separate order(s).] Mailed notice (aac, )
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Filing 30
MEMORANDUM Opinion and Order Signed by Judge John F. Grady on 10/27/2006.(mb, )
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Filing 29
ORDER Signed by Judge John F. Grady on 10/27/2006.(mb, )
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Filing 28
MINUTE entry before Judge John F. Grady : Enter Memorandum Opinion and Order. Motion to dismiss #22 is denied as to the plaintiff Da Gan Peng, but is granted as to each of the remaining six plaintiffs. Yu-Wen Peng, a minor by and through her guardian ad litem Peng, Da Gan; Yue-Feng Chiu: Jun-Yi-Wu, a minor by and through guardian ad litem Chiu, Yue-Feng: Estate of Ren-Hsian Wu; and Su Neng Wan and Su Chang-Hui is dismissed, with prejudice, pursuant to Rule 37(c)(2)(C) of the Federal Rules of Civil Procedure. Hearing set for 11/1/06 stricken. Mailed notice (mb, )
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Filing 27
DECLARATION of Patrick McNicholas in response to motion to dismiss; (Exhibits). (gej, )
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Filing 26
DECLARATION of Patrick McNicholas in support of Plaintiff's request for telephonic appearance. (gej, )
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Filing 25
MOTION to withdraw by John E. Galvin. Associated Cases: 1:93-cv-07452,1:02-cv-06404,1:03-cv-08928,1:04-cv-01446,1:04-cv-02830,1:04-cv-03501, 1:04-cv-04868,1:04-cv-04869,1:04-cv-06869,1:04-cv-08273,1:05-cv-00122,1:05-cv-00123, 1:05-cv-00687,1:05-cv-01338,1:05-cv-01377,1:05-cv-01457,1:05-cv-01516,1:05-cv-01574, 1:05-cv-01606,1:05-cv-01792,1:05-cv-01794,1:05-cv-01795,1:05-cv-01857,1:05-cv-01858, 1:05-cv-01859,1:05-cv-01860,1:05-cv-01861,1:05-cv-01976,1:05-cv-02168,1:05-cv-02169, 1:05-cv-02200,1:05-cv-02382,1:05-cv-02383,1:05-cv-02384,1:05-cv-02436,1:05-cv-02437, 1:05-cv-02545,1:05-cv-02546,1:05-cv-02547,1:05-cv-02548,1:05-cv-02549,1:05-cv-02566, 1:05-cv-02567,1:05-cv-02594,1:05-cv-02595,1:05-cv-02596,1:05-cv-02597,1:05-cv-02599, 1:05-cv-02600,1:05-cv-02650,1:05-cv-02651,1:05-cv-02653,1:05-cv-02656,1:05-cv-02657, 1:05-cv-02793,1:05-cv-02945,1:05-cv-02946,1:05-cv-02948,1:05-cv-02949,1:05-cv-02950, 1:05-cv-03334,1:05-cv-03336,1:05-cv-03337,1:05-cv-03338,1:05-cv-03364,1:05-cv-03690, 1:05-cv-03691,1:05-cv-04069,1:05-cv-04070,1:05-cv-04166,1:05-cv-04167,1:05-cv-04177, 1:05-cv-04612,1:05-cv-05782,1:05-cv-05959,1:05-cv-06252,1:05-cv-06329,1:05-cv-06330, 1:05-cv-06332,1:06-cv-00496,1:06-cv-00497,1:06-cv-00586,1:06-cv-00765,1:06-cv-01049, 1:06-cv-01180,1:06-cv-02253,1:06-cv-02254,1:06-cv-03341,1:06-cv-04267,1:06-cv-04268, 1:06-cv-05144,1:93-cv-07604,1:93-cv-07714,1:94-cv-00185,1:94-cv-00414,1:94-cv-01499, 1:94-cv-02824,1:94-cv-03054,1:94-cv-03474,1:94-cv-03475,1:94-cv-03684,1:94-cv-04344, 1:94-cv-05482,1:96-cv-01195,1:96-cv-01323,1:96-cv-05024,1:96-cv-06524,1:96-cv-08494, 1:97-cv-00404,1:97-cv-06794,1:97-cv-08468,1:98-cv-00472,1:98-cv-00627(gcy, )
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Filing 24
MINUTE entry before Judge John F. Grady : Motion to dismiss #22 is entered and continued until 11/1/06 at 10:30 a.m. In Court hearing set for 11/1/2006 at 10:30 AM. Mailed/Telephoned notice (jlj, )
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Filing 23
NOTICE of Motion by Richard L. Berkman for presentment of motion to dismiss, #22 before Honorable John F. Grady on 10/11/2006 at 10:30 AM. (Berkman, Richard)
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Filing 22
MOTION by Defendants Bayer Corporation, Baxter Healthcare Corporation to dismiss as a Sanction for Plaintiffs' Failure to Comply with this Court's Order Compelling Discovery (Attachments: #1 Exhibit Order Granting Motion to Compel#2 Exhibit Deficient Patient Profile Form#3 Exhibit Unreported Case Cited in Motion#4 Exhibit Unreported Case Cited in Motion)(Berkman, Richard)
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Filing 21
ORDER granting defendant's motion to compel discovery responses Signed by Judge John F. Grady on 6/5/2006.(mb, )
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Filing 20
MINUTE entry before Judge John F. Grady : Enter order granting defendants' motion to compel discovery responses: Defendants' motion to compel the plaintiffs to respond to defendants' outstanding discovery request #16 is granted. Each of the plaintiffs is given until July 31, 2006 to provide defendants with the requested discovery. No extension of the July 31, 2006 date will be granted. Mailed notice (mb, )
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Filing 19
OPPOSITION by plaintiffs Da Gan Peng, Yue-Feng Chiu, Jun-Yi Wu, Ren-Hsian Wu, Su Chang Cheng-Hui to defendant's motion to compel #16 (rmm, )
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Filing 18
REPLY by Bayer Corporation, Baxter Healthcare Corporationin Support of MOTION by Defendants Bayer Corporation, Baxter Healthcare Corporation to compel Discovery #16 (Breslin, Kelly)
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Filing 17
NOTICE of Motion by Kelly P. Breslin for presentment of motion to compel,, #16 before Honorable John F. Grady on 10/19/2005 at 10:30 AM. (Breslin, Kelly)
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Filing 16
MOTION by Defendants Bayer Corporation, Baxter Healthcare Corporation to compel Discovery (Attachments: #1 Exhibit #1 - 04/12/2004 Master Discovery Letter#2 Exhibit #2 - 07/16/2004 defense letter to plaintiffs re MDL transfer#3 Exhibit #3 - 07/11/2005 defense letter notifying plaintiffs of discovery deficiencies#4 Exhibit #4 - 08/12/2005 defense letter re "Meet and Confer"#5 Exhibit #5 - 08/25/2005 defense letter regarding discovery deadline)(Breslin, Kelly)
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MAILED MDL transfer in acknowledgement letter to all counsel of record. (rbf)
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Filing 15
ORIGINAL file, certified copy of transfer order, with one volume of pleadings consisting of document numbers 1 through 14 and docket sheet received from the U.S. District Court for the Central District of California; Case No. CV04-3741 SJO(MANx); Civil cover sheet (Documents 15-1 through 15-2). (rbf)
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MAILED letter with a certified copy of conditional transfer order to the Central District of California requesting case No. 2:04-3741. (MDL 986) (tlm)
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Filing 1
CONDITIONAL TRANSFER ORDER from MDL Panel regarding inclusion of case No. 2:04-3741 from the Central District of California as part of MDL 986. (tlm)
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