In Re: Testosterone Replacement Therapy Products Liability Litigation
| Larry Brasel, Eduardo Acosta, Jennifer S. Adams, Ronald J. Adams, Samra Adel, John Adkins, Milton Akridge, Paul Alexander, Gail Allegar, Joe Amaya, Benjamin Lewis Amerson, Jr., Rhonda Amerson, Cheylee G. Anderson, Ronald Andras, Harold Aranda, Joe Arline, James Armstrong, Peter John Armstrong, Richard Ascher, Rex M Ashby, Kenneth Aurecchia, Michael Bailey, Tahera Bakhtary, David J. Bamberg, Keith Banner, Michael Barnes, Robert Bartholic, Tammy Bartles, Roland Bass, Richard Bateman, Timothy M Bellay, Valeria S Bellay, Andrew Bender, Stephen Benn, Donald J. Bennett, Jr., Alan Benz, Henry Bias, Steven Frank Billotti, Leon Binion, Billy Blacketer, Catherine Blades, William Blades, Donald Bland, Ladiner Blaylock, Prentiss Blaylock, Gerald Boddie, Barry Boles, Dale Boone, John Boone, Gilda Bourgeois, Michael D Bourgeois, Neil Bourgeois, Stephanie Bowers, Elizabeth Boyd, Steven Boyd, Betty Boyko, LaVerne Boyko, Regina Bozentka, Reginald M Brannan, Thelma Brasel, David A. Breeden, Sr., William Brousseau, Charles Brown, Wilson Ben Brown, Annette Brumfield, Terry Brumfield, William Bryant, Jackie Budwitis, Thomas Budwitis, Stephen Buffkin, Larry Burk, Thomas Burnejko, Yamira Burnejko, Cynthia M. Burns, Donald Burns, James Benton Burns, Jr., Ellen Burton, Elmon Burton, Walter Burton, Patricia R. Bush, Patrick H. Bush, Robert Campbell, Edmund J. Campion, Mary E. Campion, Patricia Cantu, Tomas Cantu, Gary Carpenter, Nancy Carpenter, Hector Carrasco, Anthony Carroll, Alfred L Casals, David Cashes, Eric Cassius, Simona Cassius, Natale Cataudella, Albert D. Cates, Darion Lee Chambers, Robert Champeau, Martin Champion, Robin Chapman, Roy E. Chapman, William Chavez, George M. Chesser, Linda Chesser, Joan Christ, Richard Christ, Charles Claypool, Earline Denise Cobb, Stephen Cobb, George F Coffey, Paula L Coffey, Anthony Coker, Danny Coker, Craig J Cole, Nancy C Cole, Debi Connolly, Lewis Cook, Meredith J. Cook, Carol Cooper, Frank Cooper, Kevin W Cooper, Willie Cooper, David Cordisco, Deborah Cottle, Wayne Cottle, Darrell Cove, Bobby Covey, Mark D. Cox, Kristen Crabtree, Michael Crabtree, Alvin Craft, John Crawford, John A Crawford, Victoria Marie Crawford, Michael Creasy, Robert Cripe, Timothy Crissinger, Cheryl Cunningham, Joseph Dane, Krista Dane, Abner Daniels, Lizbeth Darby, Mark Darby, Markcleda Darby, Terry Lynn David, Wyatt David, Kirk L. Davidson, Jimmy C. Davis, Lisa Davis, Patricia Davis, Paula Davis, Ricky J Davis, Thomas Davis, Marco DeLeon, Brian DeMatteo, Jeffrey A. Debusk, Gregory Decker, Jeffrey Deforest, Vickie Deforest, Mark Denney, Christopher Dent, Sr., Philip Depasquale, Kim Dewey, Ronald Dewey, Theodor Diesslin, Kent D. Dillin, Keith Dobbins, Thomas Dobbs, Beverley F Domingues, Denise Domingues, Diane Domingues, David Dowdy, Edward Downes, Glenn Drury, Julie Drury, Brett C. DuBroja, Martin L Dubroc, III, James Duchock, Perry Dudley, Gerald Duet, Kimberly Dula, Robert Demetrius Dunbar, Charles Duncan, Richard Duncan, Alfred J Dunning, Deborah A Dunning, Joseph Dzura, Juli Elrod, Ronnie Elrod, Gary Emberton, John Emmons, Freddy J. Escoe, Estate of Gary Alan Garner, Don Estep, Bruce Eudy, Cecelia Eudy, Clarence Evans, Charles Fair, Randy Felder, William R. Ferrer, Barbara Ferri, Ronald L Ferri, Amanda K. Fields, Marsha C Fiol, Ramon I Fiol, Jeffry Fitzpatrick, Dennis B. Fletcher, Jaime Florez, David Florio, Margaret Florio, Chester Flowers, Eileen Flynt, William Michael Flynt, Cynthia Ford, Joseph Forestieri, Charlesanna Foucher, Richard Fowler, Wesley Fowler, Brian T Francione, Andrew Freas, Diane Freeman, John C. French, Bruce Frey, Scott Fulkerson, William Fullerton, Glenn Fultz, Bertram Furman, Michael Gallagher, Ana Garcia, Sandra R. Garner, Cheri Gee, William Gee, Frank Gegunde, Barbara Gennusa, Michael Gennusa, Mark A. George, Tony Gerritsen, Angela Gianni, James Gianni, Christopher Giargiari, Ronnie Gibbs, Angela Gibby, Roger Gibby, Tim Gibreal, James M. Ginn, Joseph Giovinco, Joyce Giovinco, Carol Glover, James Glover, David R. Godsey, Mary Godsey, David Goins, Mary Sue Goins, Kim A. Gorden, Ann Gordon, James Gordon, Larry Gordon, Michael Gordon, George Gose, Tammy Gose, Roger Gosnell, Holsey Gray, Michael Greenbauer, Gregory Grissette, Stephen Gross, Henry Guidry, Belva Guy, Michael Guy, Janice Gwin, Gary L. Hagler, Myrna Hagler, Paul Haidak, Richard Hale, Thaddeus Hale, Jr., John C. Hall, Audrey Ham, Cindy Ham, Joe Ham, Robert Ham, Robert Hammerman, John Hammond, Bryan Hansen, Joseph Hardee, Rebecca Hardee, Ed Hardinger, Barry Harkness, Barry Harness, Douglas Harris, Edwin Clay Harris, Mary Anne Roberts Harris, Richard L. Haslar, Mr. William Hatcher, Gus D. Hatfield, Ilka Hatfield, George C. Hatton, David Hauser, Francine Hauser, Claudia Hayes, Edgar Hayes, Mildred Hayes, William Hayes, Thomas Headley, Clyde W Heath, Edward George Heath, Linda Hebert, Steven Hebert, Herman Tydell Hendrix, Thomas Henning, John Joseph Herubin, Roger Hess, Yvonne Hess, Charles F. Hill, Jr., Larry Hines, Michael Hobbs, David P. Holland, James Horner, Edward Houston, Gladys A Hudnall, William D Hudnall, Donald Hufstetler, Christopher Hughes, Judy Hughes, Roger Hull, Howard Hulon, Donald Humble, Robert L Humble, Buddy Humphries, Kathy Humphries, Horace Hunt, Craig Hunter, Larry D. Hupp, Kevin Hutcherson, Timmy Hyde, Eugene J. Iannaccone, Terry William Ingland, Wardell Isom, Jr., Cathy Jackson, William Jackson, Joseph Jauregui, Maxine Jauregui, Michael Jennings, Betty Jessup, Eddie Johnese, Barbara Johnson, Bonnie Johnson, Don A Johnson, Eric Johnson, Gary Johnson, Harold Johnson, Jack Johnson, Lowell Johnson, Anthony Jones, Donna Jones, Herbert C Jones, Jr, Joseph Jones, Laura Jones, Yvonne M Jones, Willie J Jones, Jr., Lionell Joseph, Lola Joseph, Shirley Joyner, Ricky C Judd, Kirby Justice, Patiance Justice, Murray Kahl, Ghazala Kahn, Muhammad Kahn, Dustin J Kanady, Lorraine S. Kane, Thomas D. Kane, Sr., Michael Kapusciak, Phillip Keister, Richard C Kelly Sr, George Edward Kerr, Jody Lee Kerr, Mark King, Robert L. King, Shannon King, Kelly Kinkead, Gary Kious, Vickie Kious, Christopher Kirchmer, Otis Kirkland, Robert Knapik, Robert Knott, Suana Knott, Janet Knotts, Michael L Knotts, Robert G. Kocak, Gena M Komrada, Thomas Kost, Billie Kouns, William Kouns, John Krapcha, Heather Kruger, Kevin Kruger, Stephen P Kuhn, Thomas Kusmirek, Farrell Kyser, Jennifer Kyser, Teresa LaRoche, Carlton LaSalle, James LaVolpe, Rachel Landers, Randy Landers, Richard Lane, Charles D Lane Sr, Darin Langford, W. Mark Lanier, Duane P. Lanoue, Andrea Laquerre, Louis Latka, Frank Lau, Cyril Laundreaux, Nancy Lawson, Michele Lay, Scott E Lay, Ralph Ledford, Sandra Ledford, Aron Lewington, Christine Lewington, Calvin Lewis, Charles Lewis, Patricia Lewis, Peter Liangos, Daniel Licon, Inge Lihs, Albert Tooley Lint, Lawanda Littlepage, Lum Littlepage Sr, Robert Litzinger, John Logan, Mona Loisel, Donald Loisel, Sr., Anthony Long, Jerry Long, Steve Longobardo, James Ludovicz, Teresa Ludovicz, Thomas Luebke, Lori Lueck, Christopher J. Luiso, Joy Lukacs, David Lyon, Judy Lyons, Leamon Lyons, Ainslie MacEachran, Judy MacLean, Wayne MacLean, Gary MacLeod, Joseph Machak, Donna Mahrous, Mohamed Mahrous, Johnelle Majesty, Rickey Majesty, Sr., Victor Malabe, Dolores Mancini, John Mancini, Larry Manning, Sara Manning, Charles Wayne Mantooth, Stephen Marino, Charles Marsee, Emily Marston, Bobby Martin, Bobby J Martin, Hazel Martin, Randy Martina, Brenda Mask, Charles Mask, Richard Allen Mask, Floyd E Mason, Jr., Kevin Mason, Susan Mason, Terry E. Mason, Vincent Mattei, Steven May, Darrell Mayo, Nicholas Mazzola, John McCann, Mary Ann McCann, James McCarty, Brad McClure, Walter McClure, Patrick McCoppin, Sue McCoppin, Cecil McCoy, Shelvy Jean McCoy, David McFadden, Gerald T McFadden, Lorraine A. McFadden, Robert E. McGill, Thomas McKee, Molly McKinley, Timothy McKinley, Michael McLaughlin, Susan McLaughlin, Penny McMurry, Gary McNease, Pamela McNease, Thomas Michael Meagher, Michael Mecikalski, Medical Mutual of Ohio, Charlotte Meitner, Gerald Meitner, Frances Metz, Richard Meyer, Sam Micalizzi, Jeffrey Mierau, Tina Mierau, Ronald E Millender, Ronald E. Millender, Patricia Miller, Paul Miller, Margaret Millom, Timothy Mills, John Milner, Linda Milner, Debra Mitchell, Jesse Mitchell, Kimberly Mitchell, Ladale Mitchell, Kenneth Montgomery, Carl Montino, Michael Montoya, Gregory Moore, Johnny Moore, Linda Moore, Rhonda Moore, Sharon Moore, Timothy Moore, Russell Moreland, Joseph Morris, Kathy Morris, Richard Mosier, Sandra A. Moss, Frankie Mouser, Latricia Mouser, Devicka Mullenix, James Mullenix, Jack Murray, Paige Murray, Steven Myers, Carlos Navarro, Robert Neal, Ann Nebelski, John Nebelski, Bonnie Needham, Elbert Fleming Neely, III, Brenton Nelson, Robert Wayne Newell, Toney Newsome, Robert Newton, Harry Nieves, Mildred Nieves, Genienne Nolte, Robert Nolte, Ricky Norman, Tina Marie Norman, Dawn North, Jerry North, Roger L Norton, John Nottingham, Kathy Nottingham, Marian Nowak, Stephen Nowak, Jay E. Nuckolls, Kenneth O'Donnell, Marvin R O'Mary, Oliver Harrell O'Quinn, Louis Odenwald, Alanda Ogg, David Olds, Barbara Oliver, John Oliver, Frank Olivier, Shad Alexander Olson, Stanley Ondricek, Donald E Orcutt, Linda Orcutt, Eddie A Ortiz, Danny Ousley, Isaac Owens, Mary Owens, Kathy Pacella, Lenardo Pacella, Charles Page, Rebecca Page, Larry W. Palmer, Ruth Palmer, Dominick Papandrea, Joanne Papandrea, Michael Papantonio, Loran Parker, Paul Parsons, Frederic Patrick, Jesse Patridge, Shirley Patridge, Nancy M Paul, Richard G Paul, Larry Payne, Gloria Ann Peach, Sam Peach, Stanton Pendergrast, Connie Pennell, Paul Pennell, Ralph Perez, Bonnie Perrault, Harold C. Perritt, Helena Petras, Jeffrey D. Peuler, Gregory Pfister, Jeannette Pfister, Dale Phelps, Debbie Phelps, Debra Phillips, Ernie Phillips, Robert Phillips, Plaintiff's Steering Committee, Plaintiffs' Counsel, Plaintiffs' Executive Committee, Plaintiffs' Steering Committee, Doris Pointer, Nathean Pointer, Henry J. Polito, Jr., Jerry W. Poole, Sr., Michael Pope, Jon Pothuisje, Brian Potts, Sandra Potts, Brett Poulsen, Cindy Poulsen, Humbert D. Pounders, Patricia A. Pounders, William Powell, Gary Powers, Ricky N Powers, Lydia Prado, David Prado, II, Carolyn Price, Odis Price, William Price, Lionel Priester, Roosevelt S. Priester, James Primerano, Diane Probst, Timothy Probst, Gary Rabidou, Carl E. Rackley, Shirley A. Rackley, Hubert Ragin, Lisa Ragis, Cheryl C. Raney, Jerry F. Raney, Kevin Raper, William Reaney, William E Redondo, Richard A. Reed, Robert M Reid Jr, Joseph Restivo, John Reynolds, Steve Reynolds, Gerald Reynolds II, Francis Richards, Allen Richardson, Chester Richardson, Janet Richardson, Jerry B Rickles, Jerry B. Rickles, Charles Riddick, Michelle Riddick, Robert Rintz, Georgette Roark, Raymond Roark, Stacey Roark, Harvey Robbins, Paul E. Roberson, Billy E. Roberts, Sr., Richard Roberts, William Roberts, Jr., Kathryn Roberts-Coleman, James Keith Robinson, MT Roche, Herman Rodriguez, Mark Rodriguez, James Rogers, William Rogers, James E Roland, Sr., Luis E. Rosas, Betty Rose, Reavis Rose, Darnell Rowe, Nadine Rowe, Mark A Roy, Ronald Roy, Sara Roy, Michael Ruede, Brian Russo, Michael Rutan, Darlene Rymszewicz, David Rymszewicz, Michael Sanders, Gabriel Sauceda, Robert J Sauter, Cecile Saylor, Robert Saylor, Amy Sayre, Donald Sayre, Richard Scheideman, Daniel T. Schenkein, John M Schneider, Jeffrey Schuur, Mickey G Schwalm, Jonathan Scott, William Thomas Scott, Melody K Sellers, Larry Settle, James Sexton, John Sheets, Kenneth Sholar, Dale Short, Jerry Maiden Shrader, Mary Lou Sicard, William Sicard, James Sidney, Anna Marie Sikes, Lawrence Sikes, Dale Lee Simmons, Gregory Simmons, Kevin Simons, Lorie Simons, Jack Simpson, Yvette Skaggs, Robert Skinner, Amberly Smith, Debra Smith, James Smith, Jay Smith, Theresa Kelly Smith, Timmy Smith, Wanda D Smith, Wayne Smith, Dennis Smith, II, Thomas E. Snyder, Mitchell Sobley, Linda Sofia, Paul Sofia, Janie M. Solomon, Billie Jo Sonnier, John Sonnier, Emmanuel Spann, Jude St. Pierre, Mary St. Pierre, Marilyn Stacy, George Stahura, Andrew C. Starr, Jr., David Stice, Donna K Stone, Mark E Stone, Mariangela Strano, Mary Strickland, Richard Strickland, Jimmy L. Sturgill, David Stynchula, V Stynchula, Mr. Ray Sutton, Manuel Tavarez, Gregory A. Taylor, John R. Taylor, Leon Taylor, Robert Taylor, Rafael Tejeda, Jr., Lennie Templeman, Gerald Terry, Tan Thach, Ashley Thomas, Orie Thompson, Woodrow Wayne Thompson, Gregory Tilley, David M. Tillman, Samuel Tolbert, Jr., Oscar Torres, Jackson Towne, Mary Towne, Jazanne Toy, Martin Toy, Roccie Lane Truax, Ronald Udovich, Leo Valdiserri, Carla Valentine, William Valentine, James Vanbeukering, Margarita Navarro Vazquez, Forrest Waddell, Jr., Faith Wahl, Rocco Wahl, Ralph Wainwright, James Walker, Kenneth W Walker, Jr., Kenneth W. Walker, Jr., Tony Walls, Geralous Walton, Gerianne Ward, Thomas Ward, Susan Warga-Lang, Warrix, Benjamin Weathers, Brian M. Webber, John F Weimar, James Weimers, Burton Welch, Stine Mitchell Welch, Danny Weldon, Barbara Wells, Wayne Westmoreland, Allison White, Caroline White, Gary White, Joanie White, Kathleen White, Peggy K White, Robert White, Roy White, Richard D. Whitecar, Cheryle Whitherspoon, Brad Whitney, Vicki Whitney, Kenneth C. Wigley, Charles Wilcher, Gregory Wilde, Allen Wilkinson, Gerri Williams, Kenneth Williams, Vincent Williams, Jack Wilson, Matthew C Wilson, Susan Scriven- Wilson, Tommy Wilson, Jason Windham, Pamela Windham, Lori Wisdom, Nicholas Wisdom, Roger Wisdom, Glen Witherspoon, Gail Mills Witter, Wayne O. Witter, Leonard Wittnebel, Richard W. Wlodarczyk, Warren Wolfe, Mark Woolbright, Gregory Worsham, Melissa Worsham, Dwight Wyers, Lesa M. Young, John Zanni, Leo Cree Ziminsky, Louise Ziminsky, Patrick M. Zimmerman, Richard ott, Harold Alexander, John April, Stephen Armstrong, Kathy Barrett, Thomas Barrett, Timothy Benish, Vincent Bennett, Craig Birdwell, Trina Boyce, Bradley Breeding, Michael Brewster, Holly Brockman, William J. Broussard, Sr., Mary Brown, Roger Brown, Turner C. Brown, Jr., Casey Brubaker, Cathy Brubaker, Anthony Canada, Tony Carden, Mitchell Carpenter, Lori Carson, Steve Carson, Christopher Chaudoir, Gregory Clowers, Kyoko Cohen, Lee Cohen, James Colson, Caleb Cooley, Edwina Cooley, Timothy Corbin, Donny Coursey, Barbara J Crawford, Clair Crawford, James Criswell, Sandra Criswell, Dennis Crow, Sharon Crow, Jim Cryer, Kevin Cunningham, Craig Dander, Kenneth Day, Michael Dejoie, Gary J. Denovchik, Ronald V. Depellegrin, Michael Ennis, Gary Esolen, Estate of Christopher Hughes, Sharon Evans, Robert Faubion, John Fellner, Jason Ferrell, Douglas A. Fierle, Ina B. Fierle, Christy Lea Forsythe, Ronnie Franklin, William Freedle, Judy N. Freeman, Richard A. Freeman, Morris Gahafer, Ronald H. Gilbreath, Michael Gilreath, John D Giordano, Shawn Godden, Gary Gramer, James Green, William Grizzell, Robert Grote, JACK H HARLOW, Todd Hake, Dale A. Hall, Debra Hall, Harold Hall, Heath Hamilton, Thomas Hammett, James Haney, Rhonda Haney, Jack Harlow, Daniel Harrigan, James Harrison, Franklin P. Hawkins, Cheryl Heider, Willie Hensley, David Henson, Judy Henson, Leslie Herczeg, Archie Hill, Tracy Hill, Glen Hitt, Freddie Hobbs, David C. Howard, Sr., Randy Hubbard, Lou Hughes, Danny Hunt, Linda Hunt, Alan Hurley, Oliver Husers, Phyllis Inman, Michael Innis, Suzanne Innis, Charles Johns, Cynthia Johns, Bruce Jourdan, Ashley N. Keel, Lee D Kelton, Wanda S Kelton, Larry Kessler, Kelly Key, Elves King, III, James Knight, Jana Konrad, Jeffrey Konrad, Nancy Koval, Kenneth LaForest, Lee Lanclos, Cindy Landry, Mark Landry, Keith Langlois, Thomas Ledford, Donald Lewis, Jimmy Lindsey, Robert Link, Darheatus Lloyd, David Loften, Regina Loften, Steven Longcrier, Douglas Lusky, Donald Malone, Patricia Malone, Santo Mangipano, Terri Mangipano, Robert Marcukaitis, Patricia Martin, Richard H. Martin, Willard Martin and Jenny Elwanda Master |
| 1:2014cv01748 |
| March 14, 2014 |
| U.S. District Court for the Northern District of Illinois |
| Chicago Office |
| XX US, Outside the State of IL |
| Matthew F Kennelly |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 2998
CASE MANAGEMENT ORDER 156 ORDER TO ESTABLISH ENDO TRT QUALIFIED SETTLEMENT FUND, signed by the Honorable Matthew F. Kennelly on 6/21/2019. (mk)
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Filing 2997
CASE MANAGEMENT ORDER NO. 155 (Appointment of Certified Public Accountant to Manage Common Benefit Funds), signed by the Honorable Matthew F. Kennelly on 6/21/2019. (mk)
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Filing 2996
CASE MANAGEMENT ORDER NO. 154 - ORDER TO SHOW CAUSE WHY CASES SHOULD NOT BE DISMISSED WITH PREJUDICE FOR FAILURE TO COMPLY WITH CASE MANAGEMENT ORDER NO. 126, signed by the Honorable Matthew F. Kennelly on 6/21/2019. (mk)
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Filing 2995
MINUTE entry before the Honorable Matthew F. Kennelly: The Court directs the Common Benefit Fee Committee to file, by 7/22/2019, a status report regarding its review of common benefit fees and expenses. (mk)
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Filing 2994
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 6/19/2019. Motion for order to show cause #2985 is granted; draft order to be submitted to Judge Kennelly's proposed order email address. Mailed notice. (pjg, )
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Filing 2993
CASE MANAGEMENT ORDER NO. 153 (Memorandum Opinion and Order on Plaintiff Smith's Motion to Transfer Venue Under 28 U.S.C. 1404(a) or for a 90-Day Extension of the Deadline to Comply with CMO 126 in Smith v. Auxilium Pharmaceuticals, Inc., No. 15 C 1340), signed by the Honorable Matthew F. Kennelly on 6/17/2019. (mk)
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Filing 2992
NOTICE of Voluntary Dismissal by Paul Miller (Fodera, Leonard)
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Filing 2991
WITHDRAWING David W. Bauman as counsel for Plaintiffs George Anderson, Jesse Anderson, Timothy Barefoot, Robert Bowden, Jr., Pretty Boyd, Sr, David Brandenburg, Steven Burman, Gary Carver, Robert Chimel, Randall Cook, Peter Dennis, John Diffley, William Feeney, Gilbert Field, James Fredrickson, Jeffrey Frugia, James Gerrity, Alan Goodyke, Eric Gottlieb, Ernest Howell, Roger Hutchinson, Andre Jordan, Tommy Joyner, Jerry Kuhl, Bobby Locklear, Jarvis McCaden, Hillary McCargo, Charles McDaniel, Charles McDaniel, Charles McDaniel, Craig Montgomery, Timothy Pease, Christopher Polselli, Dale Read, Peter Reynard, Ralph Richey, Barry Rose, John Roy, Ronald Russo, Roderick Taylor, Dino Theodore, Walter Wright and substituting Matthew Padberg as counsel of record (Attachments: #1 Exhibit)(Padberg, Matthew)
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Filing 2990
MOTION by Plaintiff Plaintiffs' Steering Committee for order (Corrected) Unopposed Motion to Establish Endo TRT Qualified Settlement Fund (Smith, Brendan)
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Filing 2989
MOTION by Plaintiff Plaintiffs' Steering Committee for order (Unopposed) to Establish Endo TRT Qualified Settlement Fund (Smith, Brendan)
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Filing 2988
CASE MANAGEMENT ORDER NO. 152 (clarifying applicability of CMOs 126, 143 and 144 to plaintiffs whose claims are not resolved under settlement programs, including those deemed ineligible), signed by the Honorable Matthew F. Kennelly on 6/4/2019. (mk)
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Filing 2987
NOTICE of Motion by David Edward Stanley for presentment of motion for order to show cause, #2985 before Honorable Matthew F. Kennelly on 6/19/2019 at 09:30 AM. (Attachments: #1 Certificate of Service)(Stanley, David)
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Filing 2986
SEALED EXHIBIT by Defendants Eli Lilly and Company, Lilly USA, Inc., Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd regarding MOTION by Defendants Eli Lilly and Company, Lilly USA, Inc., Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd to seal Exhibit A to Eli Lilly Defendants' Motion for an Order to Show Cause Why Cases Should Not Be Dismissed with Prejudice For Failure #2984 , MOTION by Defendants Eli Lilly and Company, Lilly USA, Inc., Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd for order to show cause Why Cases Should Not Be Dismissed With Prejudice For Failure To Comply With CMO No. 126 #2985 (Stanley, David)
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Filing 2985
MOTION by Defendants Eli Lilly and Company, Lilly USA, Inc., Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd for order to show cause Why Cases Should Not Be Dismissed With Prejudice For Failure To Comply With CMO No. 126 (Attachments: #1 Exhibit A (Redacted), #2 Exhibit B)(Stanley, David)
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Filing 2984
MOTION by Defendants Eli Lilly and Company, Lilly USA, Inc., Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd to seal Exhibit A to Eli Lilly Defendants' Motion for an Order to Show Cause Why Cases Should Not Be Dismissed with Prejudice For Failure to Comply With CMO 126 (Attachments: #1 Text of Proposed Order)(Stanley, David)
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Filing 2983
RESPONSE by Plaintiffs Craig Howard, Frank Miles to status report #2979 (Sims, Thomas)
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Filing 2982
STIPULATION of Dismissal (Morgan, Scott)
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Filing 2981
STIPULATION of Dismissal Voluntary Dismissal With Prejudice (Bottar, Michael)
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Filing 2980
RESPONSE by Plaintiff Plaintiffs' Counsel to status report #2979 (Perkins, Brian)
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Filing 2979
STATUS Report (Endo Defendants' Status Report Pursuant to Corrected CMO 150) by Auxilium Pharmaceuticals, Inc., Endo Pharmaceuticals Inc., GlaxoSmithKline LLC (Solow, Andrew)
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Filing 2978
MINUTE entry before the Honorable Matthew F. Kennelly: Motion by Samuel Wendt to withdraw as attorney for plaintiff Victor Miles #2969 is terminated without prejudice to refilling on the individual docket for Mr. Miles's case (1:15-cv-9003). (mk)
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Filing 2977
CASE MANAGEMENT ORDER NO. 151 - CLARIFYING THE DEADLINE TO COMPLY WITH CASE MANAGEMENT ORDER NO. 126 FOR PLAINTIFFS DEEMED INELIGIBLE FOR THE CONFIDENTIAL MASTER SETTLEMENT BY SPECIAL MASTER RANDI ELLIS signed by the Honorable Matthew F. Kennelly on 4/30/2019. Mailed notice. (pjg, )
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Filing 2976
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 4/30/2019. Motion to clarify #2974 is granted; Case Management Order No. 151 to follow. Counsel for defendants and plaintiff's steering committee are directed to review Case Management Orders within 10 days. Mailed notice. (pjg, )
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Filing 2975
NOTICE of Motion by Andrew Keith Solow for presentment of motion to clarify, #2974 before Honorable Matthew F. Kennelly on 4/30/2019 at 09:30 AM. (Solow, Andrew)
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Filing 2974
MOTION by Defendants Auxilium Pharmaceuticals, Inc., Endo Pharmaceuticals Inc., GlaxoSmithKline LLC to clarify / ENDO DEFENDANTS' MOTION FOR A CASE MANAGEMENT ORDER CLARIFYING THE DEADLINE TO COMPLY WITH CASE MANAGEMENT ORDER NO. 126 FOR PLAINTIFFS DEEMED INELIGIBLE FOR THE CONFIDENTIAL MASTER SETTLEMENT BY SPECIAL MASTER RANDI ELLIS (Attachments: #1 Exhibit A, #2 Exhibit B)(Solow, Andrew)
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Filing 2973
(CORRECTED) CASE MANAGEMENT ORDER NO. 150 - Order to show cause why the case should not be dismissed with prejudice for failure to comply with case management order no. 126 signed by the Honorable Matthew F. Kennelly on 4/19/2019: It is hereby ordered that counsel of record for each Plaintiff identified on Exhibit A below shall either file a stipulation dismissing the Endo Defendants with prejudice before May 10, 2019, at 9:30 a.m. (twenty-one (21) days from this Order) or show cause in writing by no later than May 10, 2019 why this case should not be dismissed under CMO 126, paragraph B.11 for failure to comply with the CMO 126 obligations of paragraphs B.9. and B.10. Plaintiffs counsel are directed to immediately advise their clients in writing of t his order and to verify their compliance in writing in the individual case docket. Status report regarding whether something was filed by each plaintiff, as discussed in open court, is to be filed by counsel for Endo by May 16, 2019. Mailed notice.(pjg, )
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Filing 2972
CASE MANAGEMENT ORDER NO. 150 - Order to show cause why the case should not be dismissed with prejudice for failure to comply with case management order no. 126 signed by the Honorable Matthew F. Kennelly on 4/19/2019: It is hereby ordered that counsel of record for each Plaintiff identified on Exhibit A below shall either file a stipulation dismissing the Endo Defendants with prejudice before May 7, 2019, at 9:30 a.m. (twenty-one (21) days from this Order) or show cause in writing by no later than May 9, 2019 why this case should not be dismissed under CMO 12, paragraph B.11 for failure to comply with the CMO 126 obligations of paragraphs B.9. and B.10. Plaintiffs counsel are directed to immediately advise their clients in writing of this order and to verify their compliance in writing in the individual case docket. Status report regarding whether something was filed by each plaintiff, as discussed in open court, is to be filed by counsel for Endo by May 16, 2019. Mailed notice. (pjg, )
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Filing 2971
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 4/18/2019. Motion for order to show cause #2964 is granted in part and denied in part; rulings made on docket for each member case listed on Exhibit A of the motion. Mailed notice. (pjg, )
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Filing 2970
SEALED EXHIBIT by Plaintiff Victor Miles regarding MOTION by Attorney Samuel Wendt to withdraw as attorney for Victor Miles. #2969 (Wendt, Samuel)
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Filing 2969
MOTION by Attorney Samuel Wendt to withdraw as attorney for Victor Miles. (Attachments: #1 Notification of Party Contact)(Wendt, Samuel)
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Filing 2968
EXHIBIT by Defendants Auxilium Pharmaceuticals, Inc., Endo Pharmaceuticals Inc., GlaxoSmithKline LLC / CORRECTED EX. G - DECLARATION OF DANIEL MEYERS regarding declaration #2966 , MOTION by Defendants Auxilium Pharmaceuticals, Inc., Endo Pharmaceuticals, Inc., GlaxoSmithKline LLC for order to show cause / ENDO DEFENDANTS' MOTION FOR AN ORDER TO SHOW CAUSE WHY THE CASE SHOULD NOT BE DISMISSED WITH PREJUDICE FOR FAILURE TO #2964 (Solow, Andrew)
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Filing 2967
NOTICE of Motion by Andrew Keith Solow for presentment of motion for order to show cause, #2964 before Honorable Matthew F. Kennelly on 4/18/2019 at 09:30 AM. (Solow, Andrew)
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Filing 2966
DECLARATION of Daniel Meyers regarding motion for order to show cause, #2964 (Solow, Andrew)
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Filing 2965
SEALED EXHIBIT by Defendants Auxilium Pharmaceuticals, Inc., Endo Pharmaceuticals, Inc., GlaxoSmithKline LLC regarding MOTION by Defendants Auxilium Pharmaceuticals, Inc., Endo Pharmaceuticals, Inc., GlaxoSmithKline LLC for order to show cause / ENDO DEFENDANTS' MOTION FOR AN ORDER TO SHOW CAUSE WHY THE CASE SHOULD NOT BE DISMISSED WITH PREJUDICE FOR FAILURE TO #2964 (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F)(Solow, Andrew)
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Filing 2964
MOTION by Defendants Auxilium Pharmaceuticals, Inc., Endo Pharmaceuticals, Inc., GlaxoSmithKline LLC for order to show cause / ENDO DEFENDANTS' MOTION FOR AN ORDER TO SHOW CAUSE WHY THE CASE SHOULD NOT BE DISMISSED WITH PREJUDICE FOR FAILURE TO COMPLY WITH CASE MANAGEMENT ORDER NO. 126 (Attachments: #1 Exhibit A)(Solow, Andrew)
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Filing 2963
MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion to substitute party in Case No. 1:14-cv-1272 (Marsee v. Auxilium Pharmaceuticals, Inc.) is granted. (mk)
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Filing 2962
SUGGESTION of Death as to Upon the Record and Unopposed Motion to Substitute Proper Party (Chavez, Kathleen)
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Filing 2961
CASE MANAGEMENT ORDER NO. 149 (Order on Plaintiff Carlos Guffey's Motion to Reinstate in Guffey v. AbbVie, Inc., No. 16 C 4723), signed by the Honorable Matthew F. Kennelly on 3/29/2019. (mk)
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Filing 2960
CASE MANAGEMENT ORDER NO. 148 (Order on Plaintiff Austin Amobi's Motion to Reinstate in Amobi v. Eli Lilly & Co., No. 15 C 4200), signed by the Honorable Matthew F. Kennelly on 3/29/2019. (mk)
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Filing 2959
CASE MANAGEMENT ORDER NO. 147 (Memorandum Opinion and Order on Plaintiff Armando Roberto and Plaintiff Elizabeth Roberto's Motion to Vacate Dismissalin Roberto v. AbbVie, Inc., No 15 C 7085), signed by the Honorable Matthew F. Kennelly on 3/29/2019. (mk)
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Filing 2958
ORDER to establish Axiron Qualified Settlement Fund signed by the Honorable Matthew F. Kennelly on 3/15/2019. (pjg, )
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Filing 2957
MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion for approval of Axiron qualified settlement fund #2952 is granted. Order to follow. Mailed notice. (pjg, )
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Filing 2956
MINUTE entry before the Honorable Matthew F. Kennelly: The docket entry just made #2955 contained an error and is corrected to read as follows: Plaintiffs Armando and Elizabeth Roberto having filed a reply to the plaintiff's steering committee's submission with regard to their motion to vacate, the motion #2946 is taken under advisement, and the hearing date of 3/19/2019 is vacated. Mailed notice. (pjg, )
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Filing 2955
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs Armando and Elizabeth Roberto having advised Judge Kennelly's courtroom deputy clerk that they do not wish to reply to the plaintiff's steering committee's submission with regard to their motion to vacate and instead will rely on their materials already filed, the motion #2946 is taken under advisement, and the hearing date of 3/19/2019 is vacated. Mailed notice. (pjg, )
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Filing 2954
ATTORNEY Appearance for Plaintiffs Donald Smith, Donald Smith by Samantha K. Gold (Gold, Samantha)
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Filing 2953
REPLY by Armando J Roberto, Elizabeth E Roberto to MOTION by Plaintiffs Armando J Roberto, Elizabeth E Roberto to vacate order #2612 #2946 , response to motion #2951 (Rilee, Cyrus)
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Filing 2952
MOTION by Plaintiff Plaintiffs' CounselUnopposed Motion for Approval of Axiron Qualified Settlement Fund (Attachments: #1 Exhibit 1)(Smith, Brendan)
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Filing 2951
RESPONSE by Plaintiff's Steering Committee to MOTION by Plaintiffs Armando J Roberto, Elizabeth E Roberto to vacate order #2612 #2946 (Attachments: #1 Exhibit A)(Smith, Brendan)
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Filing 2950
CASE MANAGEMENT ORDER NO. 146, dated 2/14/2019 (Memorandum Opinion and Order on Defendants' Motion for Summary Judgment in Med Mutual of Ohio v. AbbVie Inc., No. 14 C 8857), signed by the Honorable Matthew F. Kennelly on 3/5/2019. (mk)
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Filing 2949
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone conference held with lead MDL plaintiffs' counsel and counsel for AbbVie. Defendants' bill of costs in Rowley v. AbbVie, No. 1:15-cv-2760, is hereby withdrawn. (mk)
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Filing 2948
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs Armando and Elizabeth Roberto (individual case no. 1:15-cv-7085) have moved to reinstate their case and, in their motion (dkt. no. 2946), contend that they did not receive communications from the PSC on a particular topic. The PSC is directed to respond to that contention, by no later than 3/12/2019. (mk)
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Filing 2947
NOTICE of Motion by Cyrus F Rilee, Iii for presentment of motion to vacate #2946 before Honorable Matthew F. Kennelly on 3/19/2019 at 09:30 AM. (Rilee, Cyrus)
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Filing 2946
MOTION by Plaintiffs Armando J Roberto, Elizabeth E Roberto to vacate order #2612 (Attachments: #1 Exhibit Memorandum of Law, #2 Affidavit Affidavit of Cyrus F. Rilee, III, #3 Exhibit Proposed Order)(Rilee, Cyrus)
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Filing 2945
NOTICE by Plaintiffs' Fee Committee Regarding the March 22, 2019 Common Benefit Submission Deadline (Smith, Brendan)
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Filing 2944
STIPULATION of Dismissal with Prejudice (Mccorvey, Derriel)
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Filing 2943
CONDITIONAL TRANSFER ORDER (CTO-102) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL number. (ek, )
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Filing 2942
MOTION for attorney representation by Alan Leschyshyn. (kp, )
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Filing 2941
MINUTE entry before the Honorable Matthew F. Kennelly: The Court recently entered a show cause order regarding the plaintiff's attorney in a member case in this MDL proceeding, Case No. 1:15-cv-9550. The deadline for the attorney's response was 1/9/2019, but no response was filed. The Court has confirmed that the order was e-mailed via CMECF to the attorney and thus finds the non-response somewhat surprising. Having noted that the attorney in question is the only attorney of record for the individual plaintiff in the case, the Court is concerned that something may be amiss and thus requests that lead counsel investigate the matter and provide a status report by 1/15/2019, to be filed only in the individual case. (mk)
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Filing 2940
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to substitute attorney #2911 is granted; Attorney Mary Simon Timmerman for Calvin Berkley Ford, added. Attorney Anne Brockland terminated. (pjg, )
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Filing 2939
CASE MANAGEMENT ORDER NO. 145 (Order on Plaintiff Alan Leschyshyn's Request to be Given a Court Appointed Attorney in Leschyshyn v. AbbVie, Inc., No. 17 C 1778) signed by the Honorable Matthew F. Kennelly on 1/2/2019: For the reasons stated, the Clerk is directed to mail to plaintiff Alan Leschyshyn, at his address listed on the docket in Case No. 17 C 1778, a copy of the "Motion for Attorney Representation" form. Leschyshyn is directed to file the completed form and the other materials specified below by January 23, 2019. Defendants are directed to provide copies of Leschyshyn's plaintiff fact sheet and plaintiff profile form for the Court's in camera inspection by January 9, 2019. (pjg, )
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MAILED a copy of the "Motion for Attorney Representation" form to plaintiff Alan Leschyshyn, at his address listed on the docket in Case No. 17 C 1778. (kp, )
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Filing 2938
NOTICE of Voluntary Dismissal as to Kevin Wayne Dunn (Hargroder, Casey) (Docket Text has been modified by the Clerk's Office) (sxb, ).
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Filing 2937
CASE MANAGEMENT ORDER NO. 144 (DOCKET CONTROL ORDER FOR FUTURE CASES AGAINST ACTAVIS ENTITIES), signed by the Honorable Matthew F. Kennelly on 12/12/2018. (mk)
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Filing 2936
MINUTE entry before the Honorable Matthew F. Kennelly: The motion to expand the common benefit fee committee and to appoint Stephanie O'Connor to the committee #2929 is denied, and the hearing date of 12/13/2018 is vacated. The Court does not see the need to expand the committee, and the request to be named to the committee is untimely. (mk)
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Filing 2935
RESPONSE by Plaintiffs' Steering Committee to MOTION by Plaintiff Stephanie O'Connor for order To Expand The Common Benefit Fee Committee And For Appointment of Stephanie OConnor To The Common Benefit Fee Committee #2929 (Smith, Brendan)
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Filing 2934
ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories, Inc. by Edward James Dumoulin (Dumoulin, Edward)
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Filing 2933
NOTICE by Rachel Beth Abrams of Change of Address Rachel Abrams and Levin Simes Abrams LLP (Abrams, Rachel)
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Filing 2932
NOTICE by In Re: Testosterone Replacement Therapy Products Liability Litigation re response to motion, #2931 (Maury A. Herman's Response to Motion of Stephanie O'Connor to Expand the Common Benefit Committee and for the Appointment of Stephanie O'Connor to the Common Benefit Fee Committee), [Dkt. 2929] (Herman, Maury)
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Filing 2931
RESPONSE by In Re: Testosterone Replacement Therapy Products Liability Litigation to MOTION by Plaintiff Stephanie O'Connor for order To Expand The Common Benefit Fee Committee And For Appointment of Stephanie OConnor To The Common Benefit Fee Committee #2929 (Maury A. Herman's Response to Motion of Stephanie O'Connor to Expand the Common Benefit Committee and for the Appointment of Stephanie O'Connor to the Common Benefit Fee Committee) (Herman, Maury)
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Filing 2930
NOTICE of Motion by Stephanie O'Connor for presentment of motion for order #2929 before Honorable Matthew F. Kennelly on 12/13/2018 at 09:30 AM. (O'Connor, Stephanie)
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Filing 2929
MOTION by Plaintiff Stephanie O'Connor for order To Expand The Common Benefit Fee Committee And For Appointment of Stephanie OConnor To The Common Benefit Fee Committee (O'Connor, Stephanie)
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Filing 2928
CASE MANAGEMENT ORDER NO. 143 (Application of CMO 126 to Future Cases Against AbbVie Defendants), signed by the Honorable Matthew F. Kennelly on 11/28/2018. (mk)
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Filing 2927
MINUTE entry before the Honorable Matthew F. Kennelly: The Court having been advised that a master settlement agreement covering products liability claims AbbVie has been executed, the telephone status conference set for 11/28/2018 is vacated. (mk)
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Filing 2926
MINUTE entry before the Honorable Matthew F. Kennelly: The Court wishes to have a telephone conference with plaintiffs' lead counsel and counsel for AbbVie to discuss the status of the master settlement agreement and, to that end, asks lead counsel to set up a telephone conference number for 11/28/2018 at 11:30 a.m. and advise Judge Kennelly's assistant Denise Slappey of the details. The Court does not expect the call to take more than 10 minutes. Mailed notice. (pjg, )
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Filing 2925
TRANSCRIPT OF PROCEEDINGS held on 11/16/18 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Joseph Rickhoff, 312-435-5562, [email protected]. |
Filing 2924
CASE MANAGEMENT ORDER 142 (Distribution of common benefit fees/expenses and settlement funds), signed by the Honorable Matthew F. Kennelly on 11/21/2018. (mk)
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Filing 2923
CASE MANAGEMENT ORDER 141 (appointment of Common Benefit Fee Committee), signed by the Honorable Matthew F. Kennelly on 11/21/2018. (mk)
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Entered in error (las, ) Modified on 11/20/2018 (las, ).
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Filing 2922
MINUTE entry before the Honorable Matthew F. Kennelly: The Court wishes to have a telephone conference with plaintiffs' lead counsel to discuss the common benefit committee and, to that end, asks lead counsel to set up a telephone conference number for 11/20/2018 at 2:00 PM and advise Judge Kennelly's assistant Denise Slappey of the details. The Court does not expect the call to take more than 10 minutes. (mk)
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Filing 2921
MINUTE entry before the Honorable Matthew F. Kennelly: The motion #2600 by plaintiffs' attorneys to withdraw from representation in Case No. 16-cv-1090 (plaintiff Patrick Rex) and Case No. 16-cv-4966 (plaintiff Charles Stokes) is denied without prejudice. The sealed affidavit filed with the motion appears to reflect that plaintiffs have engaged in a continuing failure to prosecute their cases. But previous filings by the same law firm [2563, 2563-1] appear to reflect the opposite. If plaintiffs' attorneys wish to refile their motion to withdraw from representation, they must explain this discrepancy. (mk)
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Filing 2920
MINUTE entry before the Honorable Matthew F. Kennelly: The motion of Donald Linn to appear pro hac vice #2654 is granted. The motion to withdraw the appearance of Sarah Wolter as attorney for Patricia Wickline (Case No. 17-cv-7596) is granted #2910 . Plaintiffs' motion for sanctions as to the Actavis defendants #2712 , AbbVie's motion to exclude testimony #2739 , and AbbVie's motion to deem filings timely #2747 are terminated as moot. (mk)
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Filing 2919
MINUTE entry before the Honorable Matthew F. Kennelly: The motion of Asa R. Danes to withdraw as attorney for Jeffrey Konrad #2834 is granted. (mk)
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Filing 2918
ATTORNEY Appearance for David H. Schmidt (Shakib, Christopher)
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Filing 2917
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 11/16/2018. All items on the joint status report discussed. Lead counsel confirmed that common benefit fees are to come out of each plaintiff's individual attorney's contracted fee percentage, not out of the plaintiff's net recovery. The Court intends to rule on pending motions to withdraw and stipulations of dismissal in due course as well as appoint a common benefit fee committee. Mailed notice. (pjg, )
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Filing 2916
MINUTE entry before the Honorable Matthew F. Kennelly: The motions by plaintiffs' attorneys to withdraw from representation #2545 and #2837 are denied without prejudice. The sealed affidavits filed with the motions appear to reflect that the plaintiffs in the cases identified in the motions have engaged in a continuing failure to prosecute their case or that good cause exists for plaintiffs' counsel's withdrawal. The plaintiffs in the cases identified in the motions are ordered to show cause in writing by 12/7/2018 why their case should not be dismissed for want of prosecution. Plaintiffs' counsel are directed to promptly send a copy of this order to all plaintiffs listed on the motions (except for plaintiffs Jeffery Janiga (15 C 11496), Ramona Mendez (16 C 906), and Michael Roberts (15 C 11788)), and to certify to the Court that they have done so. The certification is to be filed in each particular plaintiff's individual case, rather than on the master docket. A separate entry will be made in each particular plaintiff's case repeating the present order. (mk)
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Filing 2915
MAIL RETURNED, for document #2900 sent to Christopher Jude Horowitz returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form. (kp, )
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Filing 2914
CASE MANAGEMENT ORDER NO. 140 (Memorandum Opinion and Order on thirty-nine plaintiffs' motions for relief from dismissals with prejudice pursuant to Case Management Order No. 118) written by the Honorable Matthew F. Kennelly on 11/15/2018: For the foregoing reasons, the Court grants the following motions for relief [Case No. 14 C 1748, dkt. nos. 2641, 2657, 2665] [Case No. 15 C 3858, dkt. nos. 17, 18] [Case No. 14 C 1748, dkt. no 2664] [Case No. 16 C 0298, dkt. no. 19] [Case No. 14 C 1748, dkt. nos. 2613, 2614, 2615, 2616, 2617, 2618, 2619, 2620, 2622, 2623, 2624, 2627, 2629, 2634, 2642, 2646, 2647, 2648, 2649, 2655, 2676, 2677, 2683, 2684, 2685, 2772, 2799] [Case No. 16 C 2369, dkt. no. 5] [Case No. 16 C 7230, dkt. no. 5] [Case No. 17 C 0727, dkt. no. 10] [Case No. 16 C 7172, dkt. no. 5] [Case No. 16 C 8319, dkt. no. 6] [Case No. 17 C 7522, dkt. no. 6] [Case No. 15 C 6330, dkt. no. 6] [Case No. 16 C 2987, dkt. no 13] [Case No. 16 C 2703, dkt. no. 13] [Case No. 16 C 2993, dkt. no. 13] [Case No. 16 C 2206, dkt. no. 13] [Case No. 16 C 1834, dkt. nos. 14, 16, 17] [Case No. 16 C 6440, dkt. no. 8] [Case No. 17 C 4099, dkt. no. 8] [Case No. 17 C 1778, dkt. nos.17, 18, 20, 21]. The Court denies the following motions for relief: [Case No. 16 C 2657, dkt. no. 6] [Case No. 16 C 10185, dkt. no. 6]. Mailed notice. (pjg, )
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Filing 2913
MINUTE entry before the Honorable Matthew F. Kennelly: The Court notes that no master settlement agreement regarding AbbVie has yet been executed. The Court is concerned about the delay. At the case management conference on 11/16/2018, the responsible negotiating member(s) of the plaintiffs' steering committee and the outside and inside responsible attorneys for AbbVie are to be prepared to discuss with the Court in detail what issues remain to be negotiated or ironed out and what the timeline is for completing the agreement. (mk)
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Filing 2912
STATUS Report (Joint) for the November 16, 2018 Case Management Conference by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 2911
MOTION by Plaintiff Calvin Berkley Ford to substitute attorney (Timmerman, Mary)
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Filing 2910
MOTION by Attorney Sarah A. Wolter to withdraw as attorney for Patricia Wickline. No party information provided (wolter, sarah)
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Filing 2909
CASE MANAGEMENT ORDER NO. 139 (Memorandum Opinion and Order on Non-Party Gemini Insurance Company's Motion to Intervene in Settlement Allocation Proceedings), signed by the Honorable Matthew F. Kennelly on 11/8/2018. (mk)
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Filing 2908
Application of Maury A. Herman Seeking Appointment to the Common Benefit Fee Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Herman, Maury)
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Filing 2907
MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the parties' request, the 11/15/2018 case management conference is vacated and reset to 11/16/2018 at 1:30 p.m.Mailed notice (clw, )
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Filing 2906
MINUTE entry before the Honorable Matthew F. Kennelly: The Court asks counsel to be prepared to discuss the following at the upcoming case management conference: (1) Whether the arrangement and order currently in place for award of common benefit fees contemplates that any common benefit fee award made by the Court will come out of the originating/participating attorney's contingent fee percentage, rather than, effectively, out of the client's net recovery; (2) if the answer to question (1) is yes, what can and should be done to make sure that this is carried out in individual cases; (3) if the answer to question (1) is no: (a) what can and should be done to accomplish this result and to assure compliance; and (b) what effect, if any, this should have on the overall percentage the Court ultimately awards for common benefit fees; and (4) the same questions regarding any award for common benefit expenses. Any attorney who wishes to attend the case management conference and address these or other tooucs in person may do so. There is no practical way, however, to permit persons participating by telephone to speak on the record. (mk)
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Filing 2905
TRANSCRIPT OF PROCEEDINGS held on 10/25/18 before the Honorable Matthew F. Kennelly. Order Number: 32609. Court Reporter Contact Information: Joseph Rickhoff, 312-435-5562, [email protected]. |
Filing 2904
Application of Seth A. Katz Seeking Appointment to the Common Benefit Fee Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Katz, Seth)
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Filing 2903
PSC's Submission Regarding Common Benefit Fee Committee Appointments by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 2902
AMENDED CASE MANAGEMENT ORDER NO. 16 (Establishing Common Benefit Fee and Expense Funds), signed by the Honorable Matthew F. Kennelly on 10/26/2018. (mk)
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Filing 2901
MINUTE entry before the Honorable Matthew F. Kennelly: The Court sets this matter for a case management conference on 11/15/2018 at 2:00 PM. The topics for the case management conference will include reports on the status of the pending settlements in the products liability cases, as well as procedures for determination of common benefit fees and expenses (including, if it is still an open matter at that point, appointment of the common benefit fee committee). A joint status report is to be filed by 11/13/2018. Per its usual practice, the Court will arrange a call-in number to permit those not present at the case management conference to listen in. (mk)
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Filing 2900
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 10/25/2018. Motion to intervene #2892 is taken under advisement. Mailed notice. (pjg, )
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Filing 2899
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to appear pro hac vice #2896 is granted. The Court directs counsel to establish e-filing accounts in this district. Mailed notice. (pjg, )
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Filing 2898
MEMORANDUM by Auxilium Pharmaceuticals, Inc., Endo Pharmaceuticals Inc., GlaxoSmithKline, LLC in Opposition to motion to intervene #2892 ENDO DEFENDANTS OPPOSITION TO NON-PARTY GEMINI INSURANCE COMPANYS MOTION TO INTERVENE IN SETTLEMENT ALLOCATION PROCEEDINGS (Attachments: #1 Exhibit A)(Solow, Andrew)
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Filing 2897
SEALED DOCUMENT by Plaintiff Plaintiffs' Steering Committee Response to Gemini Insurance Company's Motion to Intervene (Smith, Brendan)
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Filing 2896
Nonparty and MOTION by Intervenor Gemini Insurance Company for leave to appear as Nonparty and, MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15076802. (Hiller, Eric)
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Filing 2895
AMENDED NOTICE of Motion by Patrick M. Grand for presentment of motion to intervene #2892 before Honorable Matthew F. Kennelly on 10/25/2018 at 09:30 AM. (Grand, Patrick)
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Filing 2894
CASE MANAGEMENT ORDER NO. 138 (Memorandum Opinion and Order on PSC's Motion to Amend Case Management Order No. 16, establishing common benefit fee and expense funds), signed by the Honorable Matthew F. Kennelly on 10/15/2018: For the reasons stated in the accompanying Memoarndum Opinion and Order, the Court grants the PSC's motion to amend Case Management Order No. 16, establishing common benefit fee and expense funds[dkt. no. 2868]. The PSC is directed to submit an appropriate draft amended version of CMO 16 for signature by the Court. In addition, nominations for the Common Benefit Fee Committee are to be made by October 26, 2018. (mk)
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Filing 2893
NOTICE of Motion by Patrick M. Grand for presentment of motion to intervene #2892 before Honorable Matthew F. Kennelly on 10/23/2018 at 09:30 AM. (Grand, Patrick)
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Filing 2892
MOTION by Intervenor Parties Gemini Insurance Company, Gemini Insurance Company to intervene in Settlement Allocation Proceedings (Grand, Patrick)
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Filing 2891
ATTORNEY Appearance for Intervenor Gemini Insurance Company by Patrick M. Grand (Grand, Patrick)
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Filing 2890
ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories, Inc. by Andrew J Rima (Rima, Andrew)
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Filing 2889
ATTORNEY Appearance for Defendants AbbVie Inc., Abbott Laboratories, Inc. by Shayna Susanne Cook (Cook, Shayna)
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Filing 2888
CASE MANAGEMENT ORDER # 137 (BRIEFING SCHEDULE RE: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IN MEDICAL MUTUAL CASE AND MODIFICATIONS TO AMENDED CMO 1 IN THAT CASE), signed by the Honorable Matthew F. Kennelly on 10/9/2018. (mk)
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Filing 2887
MINUTE entry before the Honorable Matthew F. Kennelly: Motions to exclude testimony #2846 #2847 #2848 are terminated in light of the previously announced global settlement. The motions will be reinstated upon request if the settlement is not completed or if the cases in question are not resolved by the settlement. (mk)
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Filing 2886
MINUTE entry before the Honorable Matthew F. Kennelly: The Pfizer defendants' joint motions for dismissal #2343 #2379 are terminated as pending motions because they have been ruled upon. (mk)
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Filing 2885
Plaintiffs' Steering Committee's Consolidated Response to Objections to Motion to Amend CMO 16 by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 2884
OBJECTIONS To PSC Motion to Amend CMO No. 16 (Spence, Janet)
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Filing 2883
OBJECTIONS OBJECTION TO MOTION TO AMEND CASE MANAGEMENT ORDER NO. 16 AND REQUEST FOR FURTHER INFORMATION PERTINENT TO THIS OBJECTION (Cleary, Sean)
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Filing 2882
RESPONSE by Bernstein Liebhard LLP (Burke, Daniel)
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Filing 2881
ORDER: Motion for leave to withdraw as counsel #2875 is granted. Attorney Rebecca A.G. Robertson is withdrawn as attorney of record in Case No. 14 C 1748 and all cases listed on Exhibit A. The Clerk is directed to enter this order in Case No. 14 C 1748 and all cases included in Exhibit A. The Clerk is further directed to terminate Attorney Rebecca A.G. Robertson as counsel for plaintiffs in Case No. 14 C 1748 and all cases listed on Exhibit A. Signed by the Honorable Matthew F. Kennelly on 9/21/2018. Mailed notice(las, )
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Filing 2880
LETTER from Johnny C. Pope dated 6/29/2018. (pjg, )
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Filing 2879
LETTER from Carlos D. Guffey, Sr. dated 5/15/2018. (pjg, )
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Filing 2878
LETTER from Carrie B. Martino dated 12/14/2017. (pjg, )
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Filing 2876
MAIL RETURNED, for document #2872 sent to John Leiper Bell returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form. (kp, )
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Filing 2877
MAIL RETURNED, for document #2871 sent to Frederick L Berry returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form. (jk, )
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Filing 2875
MOTION by Attorney Rebecca A.G. Robertson to withdraw as attorney for John Zuecca, Susan Zuecca. No party information provided (Attachments: #1 Notice of Filing Presentment, #2 Exhibit A)(Rothweiler, Kenneth)
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Filing 2874
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #2873 sent to Attorney Chantell Marie Boutte returned as: Other mail system problem. Mailed to attorney Chantell Marie Boutte a letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (jk, )
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Filing 2873
CASE MANAGEMENT ORDER NO. 136 (Schedule on PSC's motion to amend Case Management Order No. 16, establishing common benefit fee and expense funds), signed by the Honorable Matthew F. Kennelly on 9/14/2018. The Court notes that this is an important order that should be reviewed by all plaintiffs / plaintiffs' counsel in the MDL. (mk)
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Filing 2872
MINUTE entry before the Honorable Matthew F. Kennelly: Scheduling conference regarding Medical Mutual of Ohio v. AbbVie, et al. case held by telephone with attorneys for all parties. All parties have agreed to briefing defendants' anticipated summary judgment motion before doing expert discovery. All parties understand and agree that they will have only one opportunity to seek summary judgment. The schedule for Rule 26(a)(2) disclosures and expert depositions is vacated. Defendants' summary judgment motion and supporting materials are to be filed by 10/15/2018; response is due by 11/20/2018; reply is due by 12/14/2018. The parties are to provide proposed page limits to Judge Kennelly's courtroom deputy by no later than 9/18/2018. The case is set for a jury trial of no more than 7 or 8 days on 7/15/2019 at 9:45 AM. Mailed notice. (pjg, )
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Filing 2871
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #2870 , #2869 sent to Attorney Frederick L Berry returned as: Bad destination host. Mailed to attorney Frederick L Berry a letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (jk, ) Modified on 9/12/2018 (jk, ).
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Filing 2870
CASE MANAGEMENT ORDER NO. 135 (Memorandum Opinion and Order on MMO's Motion for Leave to Amend the Third Amended Complaint in Med. Mutual of Ohio v. AbbVie Inc., No. 14 C 8857), signed by the Honorable Matthew F. Kennelly on 9/11/2018: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies in part and grants in part MMO's motion for leave to amend [dkt. no. 389]. MMO is given leave to delete its allegations regarding the drug Testopel. MMO's motion is otherwise denied. The case is set for a case management conference, to be conducted by telephone, on September 13, 2018 at 11:15 a.m. Chicago time. Defense counsel are to set up a call-in number and are to advise all counsel and the Court by the close of business on September 12, 2018. Counsel should be prepared to discuss all remaining discovery and pretrial deadlines as well as the trial date. (mk)
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Filing 2869
STATUS Report Joint Interim Status Report regarding CMO 26 and CMO 9 Dismissal Lists by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 2868
MOTION by Plaintiff Plaintiffs' Steering Committee to amend/correct order #486 (Attachments: #1 Exhibit EX A - Re Guidant Corp Implantable Defibrillators Products Liability Litigation, #2 Exhibit EX B - Re NuvaRing Products Liability Litigation, #3 Text of Proposed Order Proposed Order Granting CMO 16 Changes)(Johnson, Ronald)
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Filing 2867
MINUTE entry before the Honorable Matthew F. Kennelly: Based on the Court's entry of an order earlier today staying proceedings with regard to products liability cases involving AbbVie, the case management conference scheduled for 9/13/2018 is vacated. The Court will set, in due course, a new case management conference date as well as a separate status hearing date, if necessary, relating to the Medical Mutual v. AbbVie case (individual case no. 14-cv-8857). (mk)
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Filing 2866
CASE MANAGEMENT ORDER NO. 134 (STAY OF CASES INVOLVING CLAIMS AGAINST ABBVIE DEFENDANTS), signed by the Honorable Matthew F. Kennelly on 9/10/2018. (mk)
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Filing 2865
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion for leave to file additional briefing #2857 on defendants' motions in limine is denied. The Court's schedule for briefing motions in limine does not contemplate reply briefs. If the Court believes that further argument is required beyond the motion in limine and response, it will hear argument at the final pretrial conference. (mk)
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Filing 2864
MINUTE entry before the Honorable Matthew F. Kennelly: The trial scheduling conference call set for 2:30 PM today is vacated and converted to a conference call regarding the status of settlement discussions. Counsel have been provided a call-in number. (mk)
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Filing 2863
AMENDED Notice of Videotaped Deposition of Silvia Pineiro-Garbin (Abrams, Rachel)
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Filing 2862
AMENDED Notice of Videotaped deposition of Stephen Tindell (Abrams, Rachel)
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Filing 2861
RESPONSE by Plaintiff's Steering Committeein Opposition to MOTION by Defendants AbbVie Inc., Abbott Laboratoriesin limine to Exclude Evidence and Argument in Bechtholdt #2847 Plaintiffs' Steering Committee's Omnibus Response in Opposition to AbbVie's "Requests to Adopt Prior Motion in Limine Rulings" (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Seeger, Christopher)
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Filing 2860
RESPONSE by AbbVie Inc., Abbott Laboratoriesin Opposition to MOTION by Plaintiff Plaintiff's Steering Committeein limine for all Bellwether Plaintiffs #2848 Defendants' Opposition to Plaintiff's Global Motions In Limine for All Bellwether Plaintiffs and Case-Specific Motions In Limine in Frost (Attachments: #1 Exhibit No. 1 - Sealed, #2 Exhibit No. 2 - Sealed, #3 Exhibit No. 3 - Sealed, #4 Exhibit No. 4 - Sealed, #5 Exhibit No. 5 - Sealed, #6 Exhibit No. 6 - Sealed, #7 Exhibit No. 7 - Sealed, #8 Exhibit No. 8 - Sealed, #9 Exhibit No. 9 - Sealed, #10 Exhibit No. 10 - Sealed, #11 Exhibit No. 11 - Sealed, #12 Exhibit No. 12 - Sealed, #13 Exhibit No. 13 - Sealed, #14 Exhibit No. 14 - Sealed, #15 Exhibit No. 15 - Sealed, #16 Exhibit No. 16 - Sealed, #17 Exhibit No. 17 - Sealed, #18 Exhibit No. 18 - Sealed, #19 Exhibit No. 19 - Sealed, #20 Exhibit No. 20 - Sealed, #21 Exhibit No. 21 - Sealed, #22 Exhibit No. 22 - Sealed)(Donahue, Alicia)
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Filing 2859
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone conference call regarding trial schedule set for 8/31/2018 at 2:30 p.m. Conference call-in number to be circulated to required participants and to the Court. (pjg, )
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Filing 2858
NOTICE of Motion by Alicia Donahue for presentment of motion for leave to file #2857 before Honorable Matthew F. Kennelly on 9/4/2018 at 09:30 AM. (Donahue, Alicia)
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Filing 2857
MOTION by Defendants AbbVie Inc., Abbott Laboratories, Inc. for leave to file additional briefing (Donahue, Alicia)
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Filing 2856
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion to exceed page limits #2851 is granted. (mk)
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Filing 2855
MEMORANDUM by AbbVie Inc., Abbott Laboratories, Inc. in Opposition to motion for leave to file excess pages #2851 (Donahue, Alicia)
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Filing 2853
STATUS Report Interim Joint Status Report Regarding CMO 26 Dismissal List by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A)(Smith, Brendan)
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Filing 2852
NOTICE of Motion by Brendan A Smith for presentment of motion for leave to file excess pages #2851 before Honorable Matthew F. Kennelly on 8/29/2018 at 09:30 AM. (Smith, Brendan)
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Filing 2851
MOTION by Plaintiff Plaintiffs' Steering Committee for leave to file excess pages to Response to Motions in Limine (Smith, Brendan)
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Filing 2854
MAIL RETURNED, for document #2840 sent to John Leiper Bell returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form (sxb, )
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Filing 2850
CASE MANAGEMENT ORDER NO. 133 (Memorandum Opinion and Order on AbbVie's motion to exclude (1) plaintiffs' general causation opinion testimony in view of studies issued after February 2017, (2) general causation testimony of Dr. Henry Rinder, Dr. Morton Rinder, Dr. Ronald Ziman, and Dr. Douglas Zipes, and (3) supplemental testimony of doctors David Kessler, Peggy Pence, and Martin Wells), signed by the Honorable Matthew F. Kennelly on 8/23/2018. (mk)
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Filing 2849
CASE MANAGEMENT ORDER NO. 132 (Memorandum Opinion and Order on AbbVie's motion to exclude specific causation testimony of Dr. Hossein Ardehali and motion for summary judgment in Papandrea v. AbbVie, Case No. 14 C 8948), signed by the Honorable Matthew F. Kennelly on 8/23/2018. For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies AbbVie's motion to exclude Dr. Ardehali's specific causation testimony, grants AbbVie's motion for summary judgment on Papandrea's claims for negligence, breach of implied warranty, fraud, and negligent misrepresentation, and denies AbbVie's motion for summary judgment on Papandrea's claims for strict liability failure to warn, strict liability design defect, breach of express warranty, and loss of consortium [dkt. no. 20]. (mk)
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Filing 2848
MOTION by Plaintiff Plaintiff's Steering Committeein limine for all Bellwether Plaintiffs (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Leckman, T.)
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Filing 2847
MOTION by Defendants AbbVie Inc., Abbott Laboratoriesin limine to Exclude Evidence and Argument in Bechtholdt (Attachments: #1 Exhibit No. 1, #2 Exhibit No. 2, #3 Exhibit No. 3, #4 Exhibit No. 4, #5 Exhibit No. 5, #6 Exhibit No. 6, #7 Exhibit No. 7, #8 Exhibit No. 8, #9 Exhibit No. 9, #10 Exhibit No. 10, #11 Exhibit No. 11)(Wajert, Sean)
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Filing 2846
MOTION by Plaintiff Cecile Frostin limine for all Bellwether Plaintiffs (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Leckman, T.)
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Filing 2845
ENTERED JUDGMENT: Pursuant to the Court's order of 8/17/2018 in the MDL 2545 master file, Case No. 14 C 1748 (dkt. no. 2841) final judgment is entered in favor of Besins. Besins Healthcare, Inc and Besins Healthcare, S.A. terminated. Mailed notice. (rp, )
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Filing 2844
MINUTE entry before the Honorable Matthew F. Kennelly: The plaintiffs' steering committee is directed to supplement its in camera "common benefit" submissions to the Court by providing a breakdown and description of each firm's expenditures, as well as an accounting, with descriptions, of the general expenses that have incurred. The submission previously made provides only a bottom-line total for each firm and an overview of monies collected for common benefit expenses. The supplement should break down, for each firm and for the general expenses, the categories of expenditures and the amount for each category. This is to be provided for in camera review by no later than the close of business 9/3/2018. (mk)
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Filing 2843
ATTORNEY Appearance for Defendant AbbVie Inc. by Eric Michael Kraus (Kraus, Eric)
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Filing 2842
MAIL RETURNED, for document #2833 sent to John Leiper Bell returned as unable to forward, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form. (sxb, )
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Filing 2841
ORDER ENTERING FINAL JUDGMENT FOR BESINS, signed by the Honorable Matthew F. Kennelly on 8/17/2018. (mk)
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Filing 2840
MINUTE entry before the Honorable Matthew F. Kennelly: Due to the plaintiffs' steering committee's compliance with the common benefit submission, the 8/20/2018 status hearing is vacated. Mailed notice. (pjg, )
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Filing 2839
NOTICE of Motion by Brian John Perkins for presentment of motion to withdraw as attorney #2545 , motion to withdraw as attorney #2837 before Honorable Matthew F. Kennelly on 9/13/2018 at 01:30 PM. (Perkins, Brian)
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Filing 2838
SEALED DOCUMENT by Plaintiff Plaintiffs' Counsel (Perkins, Brian)
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Filing 2837
MOTION by Attorney Brian J. Perkins to withdraw as attorney for Plaintiffs' Counsel. New address information: Bryan Adams, et al (Attachments: #1 Notification of Party Contact Information Forms)(Perkins, Brian)
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Filing 2836
MINUTE entry before the Honorable Matthew F. Kennelly: No common benefit submission by the plaintiffs' steering committee was made by 8/15/2018 as previously directed by the Court. This must be rectified immediately. The case is set for a status hearing on 8/20/2018 at 9:30 AM at which all lead plaintiffs' counsel must appear in person. The Court will vacate the hearing if and only if the required common benefit submission is made by 4:30 pm today. (mk)
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Filing 2835
TRANSCRIPT OF PROCEEDINGS held on August 9, 2018 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/6/2018. Redacted Transcript Deadline set for 9/17/2018. Release of Transcript Restriction set for 11/14/2018. (Cox, Carolyn)
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Filing 2834
MOTION by Attorney Asa R. Danes to withdraw as attorney for Jana Konrad, Jeffrey Konrad. No party information provided (Attachments: #1 Declaration, #2 Certificate of Service)(Danes, Asa)
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Filing 2833
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 8/9/2018. All unresolved items on the joint agenda are discussed. (1) Further discussions held regarding the Papandrea case. The case will not be set for a trial date before November 2018 but may be set for the first Monday in November 2018. Defendants have until 8/31/2018 to advise plaintiffs whether the expert in question will testify or whether defendants wish to make a substitution. The parties should attempt to work out an appropriate schedule for whatever further discovery is necessitated. (2) Defendants Besins Healthcare Inc., Besins Healthcare, S.A. for entry of judgment under Rule 54(b) #2793 is granted. Order to follow. (3) Regarding the Frost and Konrad cases, counsel are to confer regarding supplementation of expert disclosures. (4) The terms of all current members of the Plaintiffs' Steering Committee are extended through 10/1/2018. Applications for reappointment should be submitted in connection with the next case management conference. The next case management conference is set for 9/13/2018 at 1:30 p.m. Mailed notice. (pjg, )
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Filing 2831
Joint Agenda for the August 9, 2018 Case Management Conference by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 2830
TRANSCRIPT OF PROCEEDINGS held on June 28, 2018 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/29/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/6/2018. (Cox, Carolyn)
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Filing 2829
TRANSCRIPT OF PROCEEDINGS held on June 14, 2018 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/29/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/6/2018. (Cox, Carolyn)
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Filing 2828
TRANSCRIPT OF PROCEEDINGS held on May 31, 2018 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/29/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/6/2018. (Cox, Carolyn)
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Filing 2832
MAIL RETURNED, for document # sent to Stephanie C. Kucera returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form. (smm) ). (Additional attachment(s) added on 8/14/2018: #1 Documents in Envelope) (jk, ).
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Filing 2827
STATUS Report (Joint) for the August 9, 2018 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 2826
MINUTE entry before the Honorable Matthew F. Kennelly: AbbVie's request for an in camera conference regarding the availability of an expert is granted #2797 #2800 #2801 . The conference will be held at 1:15 PM on 8/9/2018, in chambers (Room 2188). (mk)
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Filing 2825
MINUTE entry before the Honorable Matthew F. Kennelly: The Court anticipates having a discussion regarding settlement with the settlement master and representatives of the plaintiffs' steering committee and AbbVie on 8/9/2018 before the 1:30 PM case management conference. Counsel should report to chambers for this discussion at 1:00 PM. This will be followed by a brief in-chambers meeting with lead and trial counsel and other interested counsel at or about 1:15 PM, consistent with the Court's usual practice. This may include a discussion of how the cases to be tried in October-November-December 2018 should be prioritized and/or assigned out. (mk)
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Filing 2824
NOTICE by Jennifer Nolte of Change of Address and Firm Name (Nolte, Jennifer)
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Filing 2823
SEALED RESPONSE by Dominick Papandrea, Joanne Papandrea to SEALED MOTION by Defendant AbbVie Inc. ABBVIE'S CORRECTED MOTION REGARDING EXPERT AVAILABILITY AND REQUEST FOR IN CAMERA CONFERENCE #2800 (Mulligan, Edward)
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Filing 2822
QUALIFIED PROTECTIVE ORDER signed by the Honorable Matthew F. Kennelly on 8/1/2018. (mk)
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Filing 2821
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for entry of qualified protective orders #2818 is granted. (mk)
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Filing 2820
SEALED DOCUMENT by Plaintiff Plaintiffs' Steering Committee Exhibit A to Dkt. No. 2818-2 (Smith, Brendan)
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Filing 2819
NOTICE of Motion by Brendan A Smith for presentment of motion for protective order #2818 before Honorable Matthew F. Kennelly on 8/2/2018 at 09:30 AM. (Smith, Brendan)
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Filing 2818
MOTION by Plaintiff Plaintiffs' Steering Committee for protective order Motion for Qualified Protective Orders (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Smith, Brendan)
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Filing 2817
CERTIFICATE of Service Supplemented Expert Witness Testimony Disclosures by Brian A. Goldstein on behalf of Barbara Flippo, Roy Flippo (Goldstein, Brian)
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Filing 2816
CERTIFICATE of Service Expert Witness Testimony Disclosures by Brian A. Goldstein on behalf of Barbara Flippo, Roy Flippo (Goldstein, Brian)
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Filing 2815
CASE MANAGEMENT ORDER NO. 131 (Order on defendants' motion to enforce the March 15, 2018 discovery order in MMO v. AbbVie), signed by the Honorable Matthew F. Kennelly on 7/27/2018. (mk)
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Filing 2814
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #2809 , #2808 , #2813 , #2811 , #2804 , #2805 , #2807 , #2810 , #2812 sent to Attorney Stephanie C Kucera returned as: Unknown address error. Mailed to attorney Stephanie C Kucera a letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerks Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (jk, ) (Additional attachment(s) added on 7/27/2018: #1 Letter with Email) (jk, ).
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Filing 2813
REPLY by Defendant AbbVie Inc. to motion in limine #2739 Motion to Exclude the Expert Testimony of Charleston J. Gbur, Jr. M.D. and for Summary Judgment in Kibat (Attachments: #1 Response to Plaintiffs' Statement of Facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Wajert, Sean)
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Filing 2812
REPLY by Defendant AbbVie Inc. to motion in limine #2734 Motion to Exclude the Specific Causation Testimony of Dr. Ronald B. Ziman and for Summary Judgment in Harris (Attachments: #1 Response to Plaintiffs' Statement of Facts, #2 L, #3 M, #4 N, #5 O, #6 P, #7 Q, #8 R, #9 S, #10 T, #11 U, #12 V, #13 W)(Wajert, Sean)
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Filing 2811
REPLY by Defendants Unimed Pharmaceuticals LLC, AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories to motion for miscellaneous relief, #2733 to Exclude Supplemental Testimony of Doctors David Kessler, Peggy Pence, and Martin Wells (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)(Wajert, Sean)
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Filing 2810
REPLY by Defendants AbbVie Inc., Abbott Laboratories to motion for miscellaneous relief, #2738 Defendants' Reply in Support of Their Motion to Exclude the General Causation Testimony of Morton Rinder, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B)(Donahue, Alicia)
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Filing 2809
REPLY by Defendants AbbVie Inc., Abbott Laboratories to motion for miscellaneous relief, #2743 Reply to Plaintiffs' Opposition to Motion to Exclude the General Causation Testimony of Dr. Ziman (Donahue, Alicia)
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Filing 2808
REPLY by Defendants Unimed Pharmaceuticals LLC, AbbVie Inc., AbbVie Products LLC, Abbott Laboratories to motion for miscellaneous relief, #2737 Reply Memorandum in Support of Defendants' Omnibus Motion to Exclude Plaintiffs' General Causation Opinion Testimony in View of Studies Issued After February 2017 (Attachments: #1 Exhibit A)(Donahue, Alicia)
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Filing 2807
CASE MANAGEMENT ORDER NO. 130 (Memorandum Opinion and Order on MMO's Motion for Class Certification, MMO's Daubert Motions, and Defendants' Daubert Motions in Med. Mutual of Ohio v. AbbVie Inc., No. 14 C 8857), signed by the Honorable Matthew F. Kennelly on 7/26/2018. (mk)
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Filing 2805
MINUTE entry before the Honorable Matthew F. Kennelly: The parties having reported that a master settlement agreement involving claims against Actavis, Inc. (n/k/a Allergan Finance LLC), Actavis Pharma, Inc., Actavis Laboratories UT, Inc., and Anda, Inc. has been fully executed, the bellwether trial date of 8/6/2018 is vacated. (mk)
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Filing 2804
MINUTE entry before the Honorable Matthew F. Kennelly: The parties having reported that a master settlement agreement involving claims against Actavis, Inc. (n/k/a Allergan Finance LLC), Actavis Pharma, Inc., Actavis Laboratories UT, Inc., and Anda, Inc. has been fully executed, the bellwether trial date of 8/6/2018 is vacated. (mk)
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Filing 2806
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #2803 sent to Attorney Rebecca A.G. Robertson returned as: Unknown address error. Mailed to attorney Rebecca Robertson a letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerks Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (jk, )
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Filing 2803
REPLY by Defendants AbbVie Inc., Abbott Laboratories to motion for miscellaneous relief, #2742 In Support of Defendants' Motion to Exclude the General Causation Testimony of Dr. Douglas P. Zipes (Donahue, Alicia)
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Filing 2802
NOTICE OF MOTION NOTICE of Motion by Alicia Donahue for presentment of motion to amend/correct #2801 before Honorable Matthew F. Kennelly on 8/9/2018 at 09:30 AM. (Donahue, Alicia)
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Filing 2801
MOTION by Defendant AbbVie Inc. to amend/correct ABBVIE'S CORRECTED MOTION REGARDING EXPERT AVAILABILITY AND REQUEST FOR IN CAMERA CONFERENCE (Donahue, Alicia)
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Filing 2800
SEALED MOTION by Defendant AbbVie Inc. ABBVIE'S CORRECTED MOTION REGARDING EXPERT AVAILABILITY AND REQUEST FOR IN CAMERA CONFERENCE (Donahue, Alicia)
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Filing 2799
MOTION for reconsideration of dismissal under CMO 118 Filed on May 11, 2018 #2612 (Envelope postmarked 7/16/18) (las, ) Modified on 7/25/2018 (las, ).
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Filing 2798
NOTICE OF MOTION NOTICE of Motion by Alicia Donahue for presentment of Sealed motion #2797 before Honorable Matthew F. Kennelly on 8/9/2018 at 09:30 AM. (Donahue, Alicia)
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Filing 2797
SEALED MOTION by Defendant AbbVie, Inc. ABBVIE'S MOTION REGARDING EXPERT AVAILABILITY AND REQUEST FOR IN CAMERA CONFERENCE (Donahue, Alicia)
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Filing 2796
NOTICE of Motion by Michelle H. Yeary for presentment of motion for entry of judgment under Rule 54(b) #2793 before Honorable Matthew F. Kennelly on 8/9/2018 at 01:30 PM. (Yeary, Michelle)
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Filing 2795
REPLY - Plaintiffs' Ominibus Reply to Defendant's Objection to Dismissal Without Prejudice (Teague, Matthew)
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Filing 2794
MINUTE entry before the Honorable Matthew F. Kennelly: The final pretrial conference set for 8/2/2018 is vacated based on the settlement of Actavis cases. (mk)
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Filing 2793
MOTION by Defendants Besins Healthcare Inc., Besins Healthcare, S.A. for entry of judgment under Rule 54(b) (Yeary, Michelle)
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Filing 2792
MINUTE entry before the Honorable Matthew F. Kennelly: The motion of Brian J. Perkins and Meyers & Flowers, LLC to withdraw as attorney for plaintiffs Carl Ratliff (1:16-cv-583) and David Ward (1:15-cv-11468) is denied, because the accompanying sealed affidavit states no grounds justifying withdrawal. (mk)
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Filing 2791
SEALED DOCUMENT by Plaintiff Plaintiffs' Steering Committee Plaintiffs' Memorandum of Law in Opposition to Motion of the AbbVie Defendants to Exclude Supplemental Testimony of Doctors David Kessler, Peggy Pence, and Martin Wells (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13-1, #14 Exhibit 13-2, #15 Exhibit 14, #16 Exhibit 15-1, #17 Exhibit 15-2, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26)(Seeger, Christopher)
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Filing 2790
SEALED DOCUMENT by Plaintiff Plaintiffs' Steering Committee Plaintiffs' Memorandum of Law in Opposition to Motion of the AbbVie Defendants to Exclude the General Causation Testimony of Dr. Douglas P. Zipes (Attachments: #1 Exhibit 1, #2 Exhibit 16, #3 Exhibit 17, #4 Exhibit 18)(Seeger, Christopher)
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Filing 2789
RESPONSE by Plaintiffs' Steering Committeein Opposition to MOTION by Defendant AbbVie Inc. to Exclude Supplemental Testimony of Doctors David Kessler, Peggy Pence, and Martin Wells #2733 (Attachments: #1 Notice of Filing Index of Exhibits)(Seeger, Christopher)
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Filing 2788
RESPONSE by Plaintiffs' Steering Committeein Opposition to MOTION by Defendant AbbVie Inc. to Exclude the General Causation Testimony of Dr. Douglas P. Zipes #2742 (Attachments: #1 Notice of Filing Index of Exhibits, #2 Exhibit 1 - To Be Filed Under Seal, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16 - To Be Filed Under Seal, #18 Exhibit 17 - To Be Filed Under Seal, #19 Exhibit 18 - To Be Filed Under Seal, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21)(Seeger, Christopher)
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Filing 2787
RESPONSE by Plaintiff Plaintiffs' Steering Committee to response in opposition to motion, #2785 Plaintiff George Kibat's Local Rule 56.1 Response to Defendants' Statement of Facts in Support of Their Motion for Summary Judgement (Miracle, Trent)
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Filing 2786
SEALED DOCUMENT by Plaintiff Plaintiffs' Steering Committee Plaintiffs' Memorandum of Law in Opposition to Defendant AbbVie's Motion to Exclude the Expert Testimony of Charleston J. Gbur, Jr., M.D. and for Summary Judgement - Exhibits 1-5 (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)(Miracle, Trent)
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Filing 2785
RESPONSE by Plaintiffs' Steering Committeein Opposition to MOTION by Defendants AbbVie Inc., Abbott Laboratoriesin limine to Exclude Specific Causation Testimony of Charleston J. Gbur, Jr., MD and for Summary Judgment #2739 (Miracle, Trent)
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Filing 2784
SEALED DOCUMENT by Plaintiff Plaintiffs' Steering Committee Plaintiffs' Memorandum of Law in Opposition to Defendants' Omnibus Motion to Exclude Causation Opinion Testimony In View of Studies Issued After February 2017 #2737 Exhibits 1-4 (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4)(Miracle, Trent)
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Filing 2783
RESPONSE by Plaintiffs' Steering Committeein Opposition to MOTION by Defendant AbbVie Inc. Motion to Exclude Plaintiffs' General Causation Opinion Testimony in View of Studies Issued After February 2017 and Memorandum in Support #2737 (Miracle, Trent)
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Filing 2782
SEALED DOCUMENT by Plaintiff Plaintiffs' Steering Committee Plaintiffs' Memorandum of Law in Opposition to the AbbVie Defendants' Motion to Exclude the General Causation Testimony of Morton Rinderer, M.D. Exhibits 1-3 (Attachments: #1 Exhibit 2, #2 Exhibit 3)(Miracle, Trent)
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Filing 2781
RESPONSE by Plaintiffs' Steering Committeein Opposition to MOTION by Defendant AbbVie Inc. Motion to Exclude General Causation Testimony of Morton Rinder M.D. #2738 (Attachments: #1 Exhibit 4)(Miracle, Trent)
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Filing 2780
RESPONSE by Plaintiff Plaintiffs' Steering Committee to memorandum in support of motion #2732 Plaintiffs' Opposition to AbbVie's Motion to Exclude Henry Rinder's General Causation Testimony in the Harris and Natale Caes #2732 (Miracle, Trent)
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Filing 2779
SEALED DOCUMENT by Plaintiff Plaintiffs' Steering Committee Plaintiffs' Memorandum of Law in Opposition To AbbVie Defendants' Motion to Exclude General Causation Expert Opinions of Dr. Ronald Ziman Exhibits 1-3 (Attachments: #1 Exhibit 2, #2 Exhibit 3)(Miracle, Trent)
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Filing 2778
RESPONSE by Plaintiffs' Steering Committeein Opposition to MOTION by Defendant AbbVie Inc. to Exclude the General Causation Testimony of Dr. Ronald B. Ziman #2743 (Miracle, Trent)
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Filing 2777
NOTICE by Scott D. Levensten of Change of Address (Levensten, Scott)
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Filing 2776
MAIL RETURNED, for document #2768 sent to John Leiper Bell returned as undeliverable, return to sender. Mail resent to address on envelop. (las, )
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Filing 2775
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #2774 sent to Attorney Matthew B. Moreland returned as: Unknown address error. Mailed to attorney Matthew B. Moreland a letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerks Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (jk, )
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Filing 2774
CASE MANAGEMENT ORDER NO. 129 (Memorandum Opinion and Order on post-trialmotions in Konrad v. AbbVie, No. 15 C 966): For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies AbbVie's motion for judgment as a matter of law but grants its motion for a new trial [dkt. no. 118]. The Court vacates the judgment entered on October 5, 2017 and orders a new trial on all claims. The case will be retried in the fall of this year (October, November, or December 2018) on a specific date to be set after discussion with counsel. (mk)
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Filing 2771
NOTICE of Motion by Brian John Perkins for presentment of motion to withdraw as attorney, #2769 before Honorable Matthew F. Kennelly on 7/17/2018 at 09:30 AM. (Perkins, Brian)
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Filing 2770
SEALED DOCUMENT by Plaintiff Plaintiffs' Counsel (Perkins, Brian)
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Filing 2769
MOTION by Attorney Brian J. Perkins to withdraw as attorney for Plaintiffs' Counsel. New address information: Carl Ratliff, 380 Howard Hill Drive, Wilsonville, AL 35185 & David Ward, 37776 County Road 49, Piedmont, AL 36272 (Attachments: #1 Notification of Party Contact Information Forms)(Perkins, Brian)
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Filing 2767
CASE MANAGEMENT ORDER NO. 128 (STAY OF CASES INVOLVING CLAIMS AGAINST ACTAVIS DEFENDANTS), signed by the Honorable Matthew F. Kennelly on 6/29/2018. (mk)
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Filing 2773
MOTION by Alan M Leschyshyn for attorney representation (las, )
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Filing 2772
RESPONSE by Alan M. Leschyshyn to case management order(CMO) No. 110- order to show cause pursuant to CMO no. 85 (las, )
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Filing 2768
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 6/28/2018. All unresolved items on the joint agenda are discussed. (1) Further discussions held regarding orders to show cause regarding notices of deficiency, which the Court will issue in due course for reasons stated in open court. No additional responses to the notices of deficiency need to be or should be filed at this time. (2) Plaintiffs' counsel for the Beasley Allen Firm who filed motions to dismiss without prejudice are to file an omnibus reply to defendants' response, as a single document filed under the main MDL docket number. (3) Order to show cause pursuant to CMO 85 and (4) motions for reconsideration and reinstatement of cases dismissed by CMO are taken under advisement. (5) Plaintiff's motion for a new trial #69 and AbbVie's bill of costs #73 in Myers v. AbbVie are taken under advisement. Motion to deem summary judgment and Daubert filing timely #274 is granted. Finally, the PSC is to submit information on common benefit fees and expenses to the Court under seal by 8/15/2018. The next case management conference is set for 8/9/2018 at 1:30 p.m. Mailed notice. (pjg, )
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Filing 2766
MINUTE entry before the Honorable Matthew F. Kennelly: Lead and settlement counsel are directed to report to chambers on 6/28/2018 at 01:00 PM for settlement-related and pre-CMC meetings. (mk)
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Filing 2765
RESPONSE by Plaintiff Peyton Haggan to notice of filing #2669 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Tanase, Blake)
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Filing 2764
STATUS Report (Joint) for the June 28, 2018 CMC by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 2763
Joint Agenda for the June 28, 2018 CMC by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 2762
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to substitute attorney #2756 is granted and the 7/19/2018 hearing date is vacated. The Clerk is directed to substitute Attorney Carrie R. Capoullez for Attorney Andrew W. Knox as attorney of record for all plaintiffs listed in all cases on Exhibit A of the motion. Mailed notice. (pjg, )
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Filing 2761
MINUTE entry before the Honorable Matthew F. Kennelly: The joint status report and agenda for the 6/28/2018 case management conference is to be filed by the close of business on 6/25/2018. The Court requests that the parties include a listing of matters (motions, etc.) submitted by any party that are under advisement and awaiting ruling by the Court. This listing may omit matters that are included in the separately-submitted CMO 9 and CMO 26 dismissal lists. (mk) (Duplicate of 2759 for noticing purposes.) (pjg, ) (Entered: 06/22/2018)
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Filing 2760
REPLY by Defendant AbbVie Inc. to other, #2728 (Attachments: #1 Exhibit Ex. A to AbbVie's Reply, #2 Exhibit Ex. B to AbbVie's Reply)(Donahue, Alicia)
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Filing 2759
MINUTE entry before the Honorable Matthew F. Kennelly: The joint status report and agenda for the 6/28/2018 case management conference is to be filed by the close of business on 6/25/2018. The Court requests that the parties include a listing of matters (motions, etc.) submitted by any party that are under advisement and awaiting ruling by the Court. This listing may omit matters that are included in the separately-submitted CMO 9 and CMO 26 dismissal lists. (mk)
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Filing 2758
RESPONSE by Plaintiffs Christopher DePetro, Sydney Phillips to notice of filing #2751 (Johnson, Ronald)
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Filing 2757
NOTICE of Motion by Andrew W. Knox for presentment of before Honorable Matthew F. Kennelly on 7/19/2018 at 09:30 AM. (Knox, Andrew)
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Filing 2756
MOTION by Plaintiff Steven Akins to substitute attorney Motion by multiple plaintiffs to substitute attorney (Attachments: #1 Exhibit)(Knox, Andrew)
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Filing 2755
MOTION by Plaintiff Steven Akins to substitute attorney Motion by multiple plaintiffs to substitute attorney (Attachments: #1 Exhibit)(Knox, Andrew) Incorrect PDF linked. Docket text modified by Clerk's Office on 6/21/2018 (mma, )
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Filing 2754
ATTORNEY Appearance for Plaintiff Patricia Wickline by sarah ann wolter (wolter, sarah)
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Filing 2753
SEALED DOCUMENT by Plaintiffs Clair Crawford, Richard Craig Davis, Larry A Griffith, Philip Michael Haag, Mark A Roy, James Edward Smelley (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Hoffman, Mark)
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Filing 2752
RESPONSE by Plaintiffs Clair Crawford, Richard Craig Davis, Larry A Griffith, Philip Michael Haag, Mark A Roy, James Edward Smelley to notice of filing #2751 (Hoffman, Mark)
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Filing 2751
NOTICE by AbbVie, Inc., Abbott Laboratories Defendants' Third Corrected Notice of Deficiency Pursuant to Case Management Order No. 115 (Attachments: #1 Exhibit A)(Yeary, Michelle)
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Filing 2750
NOTICE of Correction regarding MOTION #2747 (las, )
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Filing 2749
RESPONSE by Plaintiffs Robert A. Francis, Billy R Shinn, Michael P Smith, Martie Williams To Second Notice of Deficiency Pursuant to CMO 115 by Brent Coon & Associates (Morris, James)
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Filing 2748
CERTIFICATE of Service for Written Discovery by Brian A. Goldstein on behalf of Barbara Flippo, Roy Flippo (Goldstein, Brian)
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Filing 2747
Motion to Deem Filings Timely and Memorandum in Support by AbbVie Inc. (Attachments: #1 Declaration of Jennifer S. Hill)(Donahue, Alicia) Text Modified on 6/18/2018 (las, ).
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Filing 2746
MINUTE entry before the Honorable Matthew F. Kennelly: This entry concerns the settlement conference call regarding Actavis to take place at 11:00 AM Chicago time today. The Court requests and directs that litigation counsel for Actavis also participate in the conference call, which the Court does not expect to take more than 10 or 15 minutes. Actavis's settlement counsel are to immediately get word to litigation counsel. (mk)
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Filing 2745
SUPPLEMENT to Joint Status Report on Trial Group 1 (Wajert, Sean)
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Filing 2744
MINUTE entry before the Honorable Matthew F. Kennelly: AbbVie is directed to file, by 10:00 AM Chicago time this morning, a supplement to the parties' joint status report regarding CMO 87 trial group 1 cases (dkt. 2731) explaining in detail its statement in the status report that "the Abraham case may implicate a statute of limitations defense at trial." (mk)
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Filing 2743
MOTION by Defendant AbbVie Inc. to Exclude the General Causation Testimony of Dr. Ronald B. Ziman (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q)(Wajert, Sean)
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Filing 2742
MOTION by Defendant AbbVie Inc. to Exclude the General Causation Testimony of Dr. Douglas P. Zipes (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M)(Wajert, Sean)
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Filing 2741
STATEMENT by Defendants AbbVie Inc., Abbott Laboratoriesin Support of MOTION by Defendants AbbVie Inc., Abbott Laboratoriesin limine to Exclude Specific Causation Testimony of Charleston J. Gbur, Jr., MD and for Summary Judgment #2739 (Donahue, Alicia)
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Filing 2740
MEMORANDUM by AbbVie Inc., Abbott Laboratories in support of motion in limine #2739 (Attachments: #1 Exhibit A Sealed, #2 Exhibit B Sealed, #3 Exhibit C Sealed, #4 Exhibit D Sealed, #5 Exhibit E Sealed, #6 Exhibit F Sealed, #7 Exhibit G Sealed, #8 Exhibit Exhibit List)(Donahue, Alicia)
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Filing 2739
MOTION by Defendants AbbVie Inc., Abbott Laboratoriesin limine to Exclude Specific Causation Testimony of Charleston J. Gbur, Jr., MD and for Summary Judgment (Donahue, Alicia)
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Filing 2738
MOTION by Defendant AbbVie Inc. Motion to Exclude General Causation Testimony of Morton Rinder M.D. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Wajert, Sean)
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Filing 2737
MOTION by Defendant AbbVie Inc. Motion to Exclude Plaintiffs' General Causation Opinion Testimony in View of Studies Issued After February 2017 and Memorandum in Support (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, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Wajert, Sean)
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Filing 2736
STATEMENT by Defendants AbbVie Inc., Abbott Laboratoriesin Support of MOTION by Defendants AbbVie Inc., Abbott Laboratoriesin limine to Exclude The Specific Causation Testimony of Dr. Ronald Ziman and Motion for Summary Judgment #2734 (Donahue, Alicia)
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Filing 2735
MEMORANDUM by AbbVie Inc., Abbott Laboratories in support of motion in limine #2734 to Exclude Specific Causation Testimony of Dr. Ronald B. Ziman and Motion for Summary Judgment (Attachments: #1 Exhibit A Sealed, #2 Exhibit B Sealed, #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, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Donahue, Alicia)
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Filing 2734
MOTION by Defendants AbbVie Inc., Abbott Laboratoriesin limine to Exclude The Specific Causation Testimony of Dr. Ronald Ziman and Motion for Summary Judgment (Donahue, Alicia)
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Filing 2733
MOTION by Defendant AbbVie Inc. to Exclude Supplemental Testimony of Doctors David Kessler, Peggy Pence, and Martin Wells (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Wajert, Sean)
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Filing 2732
MEMORANDUM in Support of Motion to Exclude Henry Rinder's General Causation Testimony (Attachments: #1 Exhibit 1 (Under Seal), #2 Exhibit 2 (Under Seal), #3 Exhibit 3 (Under Seal))(Donahue, Alicia)
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Filing 2731
STATUS Report (Joint) Relating to Trial Group 1 Cases by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 2730
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on plaintiffs' motion for sanctions #2712 and plaintiffs' motion to compel #2687 . Motion to compel #2687 is granted in part. Custodial files for Reggio, Cassarino, and Kipness are to be produced promptly by a mutually ageed upon date. Plaintiffs may take the deposition of Reggio but not Cassarino or Kipness. The deposition is to take place by no later than 6/29/2018. Motion for sanctions #2712 is entered and continued to MDL case management conference set for 6/28/2018 at 1:30 pm. Parties are to confer and exchange information and attempt to arrive at stipulations regarding the net worth of all four Actavis-related entities, reserving their positions on the relevance and admissibility of the stipulations. A status report is to be included in the status report for the 6/28/2018 case management conference. If stipulations have not been concluded, further argument will be heard at that conference. Mailed notice (ags, )
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Filing 2729
Regarding PSC's Motion for Sanctions (Dkt. No. 2728) NOTICE of Motion by Brendan A Smith for presentment of before Honorable Matthew F. Kennelly on 6/28/2018 at 01:30 PM. (Smith, Brendan)
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Filing 2728
PSC's Response in Opposition to AbbVie's Second and Third Notices of Deficiency Pursuant to CMO 115 and Motion for Sanctions by Plaintiffs' Steering Committee (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Smith, Brendan)
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Filing 2727
MINUTE entry before the Honorable Matthew F. Kennelly: The Actavis defendants' motion for an order providing them until 6/22/2018 to file a response to the PSC's motion for sanctions is terminated as moot, because the Actavis defendants have filed a response to the motion for sanctions. The motion for sanctions was noticed for hearing tomorrow, 6/14/2018, at 9:30 AM. The hearing will proceed as scheduled. The Court expects counsel to appear and present argument and answer the Court's questions at that time. (mk)
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Filing 2726
RESPONSE by Plaintiffs Christopher DePetro, Ernesto Del Favero, Michael Gordon, Thomas Headley, Steven Kokotos, Edward Nawrot, Sydney Phillips, John Reinbolt, Jr. to notice of filing #2720 (Attachments: #1 1)(Johnson, Ronald)
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Filing 2725
MEMORANDUM by Anda, Inc., Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. in Opposition to motion for sanctions,,,, #2712 (Attachments: #1 Exhibit 1-Declaration of Jeffrey D. Geoppinger)(Geoppinger, Jeffrey)
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Filing 2724
RESPONSE by Plaintiffs Charles Camp, Charles Johns, Daniel Johnston, Bruce Longson, Charles McDonald to notice of filing #2723 (Johnson, Ronald)
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Filing 2723
NOTICE by AbbVie, Inc., Abbott Laboratories, Inc. Second Corrected Notice of Deficiency Pursuant to Case Management Order No. 115 (Attachments: #1 Exhibit A)(Yeary, Michelle)
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Filing 2722
MINUTE entry before the Honorable Matthew F. Kennelly: The Court sets a telephone conference for Friday June 15, 2018 at 11:00 a.m. Chicago time regarding the status of settlement discussions relating to Actavis cases. Settlement counsel for plaintiffs and Actavis and Actavis's in-house settlement representative shall participate. The Court will provide dial-in instructions. (mk)
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Filing 2721
CASE MANAGEMENT ORDER NO. 127 (Summary judgment and Daubert briefing for AbbVie Trial Group 1 cases), signed by the Honorable Matthew F. Kennelly on 6/12/2018: The Court rules on AbbVie's motion for leave to file separate motions including for general and case-specific experts and to exceed page limits as stated in the accompanying order. (mk)
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Filing 2720
NOTICE by AbbVie, Inc., Abbott Laboratories, Inc. Defendants' Third Notice of Deficiency Pursuant to Case Management Order No. 115 (Attachments: #1 Exhibit)(Yeary, Michelle)
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Filing 2719
MOTION by Defendants AbbVie Inc., Abbott Laboratories for leave to file separate motions including for general and case-specific experts and to exceed page limits (Attachments: #1 Exhibit A)(Donahue, Alicia)
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Filing 2718
NOTICE of Motion by Jeffrey Daniel Geoppinger for presentment of motion for order, #2717 before Honorable Matthew F. Kennelly on 6/14/2018 at 09:30 AM. (Geoppinger, Jeffrey)
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Filing 2717
MOTION by Defendants Anda, Inc., Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. for order Providing Actavis Defendants to June 22, 2018, to brief their response to Plaintiff Steering Committee's Motion for Sanctions and vacating the hearing noticed for June 14, 2018, on the PSC's motion (Geoppinger, Jeffrey)
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Filing 2716
CASE MANAGEMENT ORDER NO. 126 (Docket Control Order For Future Cases Against Eli Lilly, Endo, Auxilium, & GSK), signed by the Honorable Matthew F. Kennelly on 6/11/2018. (mk)
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Filing 2715
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' submissions regarding prioritization of the AbbVie Trial Group 1 cases (dkt. nos. 2709 & 2710). At this point, given the fact that the cases will all be tried by the undersigned judge and several other judges of this Court over a relatively short period, the Court does not believe it necessary to prioritize them. Assignments of specific cases to particular judges for purposes of trial on the schedule previously set will be made at a later date. The Court nonetheless considers the short summaries provided by AbbVie helpful. In addition, the Court directs the parties to immediately advise the Court, by way of a joint status report, if either side believes that any of the cases in Trial Group 1 is a case that: (a) involves prescription of AndroGel to a patient with a medical condition specifically listed in the label; and/or (b) is subject to an defense applicable to the particular plaintiff, including but not limited to a statute of limitations or statute of repose. (mk)
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Filing 2714
MINUTE entry before the Honorable Matthew F. Kennelly: Based on the status reports filed by the parties in the cases of Franklin Turner v. AbbVie Inc., No. 1:15-9684, and Leo Kolheim v. AbbVie Inc., No. 1:15-cv-1802 (see dkt. nos. 2698, 2707), the Turner case is removed from the mixed-use bellwether trial case pool, and the Kolheim case is moved from Trial Group 2 to Trial Group 3. With regard to the request for imposition of costs relating to the plaintiff's deposition in the Turner case, the submission (dkt. no. 2698) does not sufficiently support an award of costs as, in effect, a sanction. The plaintiffs' steering committee is directed to provide to the Court and lead defense counsel a revised spreadsheet listing all remaining AbbVie trial cases in their respective groups in light of these revisions. This should be sent to the Court by e-mail to the Court's proposed order e-mail address. (mk)
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Filing 2713
NOTICE of Motion by James Griffin O'Brien for presentment of motion for sanctions,,,, #2712 before Honorable Matthew F. Kennelly on 6/14/2018 at 09:30 AM. (O'Brien, James)
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Filing 2712
MOTION by Plaintiff Plaintiffs' Steering Committee for sanctions against Actavis Defendants (Attachments: #1 Declaration of James G. O'Brien, #2 Exhibit A - November 28, 2017 email transmitting the initial Rule 30(b)(6) deposition notice and document request, #3 Exhibit B - Initial Rule 30(b)(6) deposition notice and document request, #4 Exhibit C - February 27, 2018 letter to Actavis requesting updates on a number of pending discovery requests, #5 Exhibit D - April 27, 2018 letter reminding Actavis of multiple unresolved discovery issues, #6 Exhibit E - May 10, 2018 letter detailing the PSCs attempts to obtain a date for the Rule 30(b)(6) deposition, #7 Exhibit F - First Amended Notice of Rule 30(b)(6) Deposition of Actavis Defendants, #8 Exhibit G - letter sent by Actavis Defendants at 6:19 p.m. on May 31, 2018, #9 Exhibit H - Actavis Defendants Objections to the deposition notice, #10 Exhibit I - letter sent by the PSC on the morning of June 1, 2018, #11 Exhibit J - transcript of Statement on the Record made by the PSC on June 1, 2018, #12 Exhibit K - objections to the document requests)(O'Brien, James)
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Filing 2711
NOTICE by Robert K Jenner of Change of Address and Firm Name (Attachments: #1 Certificate of Service)(Jenner, Robert)
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Filing 2710
RESPONSE by Plaintiff Plaintiffs' Steering Committee to other #2709 PSC's Response to AbbVie's Submission Regarding Trial Group One Cases (Smith, Brendan)
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Filing 2709
AbbVie Defendants' Submission Regarding Trial Group One Cases by AbbVie, Inc. (Donahue, Alicia)
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Filing 2708
SEALED DOCUMENT by Plaintiff Bruce Owens (Koluncich, Nicholas)
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Filing 2707
STATUS Report Joint Status Report on Developments in Kolheim Case by AbbVie Inc., Abbott Laboratories (Kim, Mary)
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Filing 2706
MINUTE entry before the Honorable Matthew F. Kennelly: Attorney William Harold Anderson terminated. (pjg, )
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Filing 2705
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to seal document #2699 is granted. The "Confidential Declaration in Support of Bruce Owen's Motion for Relief from Court's Order Dismissing Plaintiff's Claim with Prejudice for Failure to Comply with Show Cause Order No. 85" shall be filed under seal and the docket entry for the sealed document shall show only that a sealed document was filed, without any notation indicating its nature. Mailed notice. (pjg, )
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Filing 2704
MINUTE entry before the Honorable Matthew F. Kennelly: The Actavis defendants' motion to quash the notice of deposition of Jessica Dziedzic is denied #2681 . The Actavis defendants are directed to file, by 6/8/2018, a response to plaintiffs' motion to compel the depositions of Christopher Cassarino, Megan Kipness, and William Reggio (the motion was filed on 5/29/2018). Ruling is set for 6/14/2018 at 9:30 AM. This morning's hearing date is vacated. (mk)
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Filing 2703
NOTICE by AbbVie Inc., Abbott Laboratories Defendants' Second Notice of Deficiency Pursuant to Case Management Order No. 115 (Attachments: #1 Exhibit A)(Yeary, Michelle)
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Filing 2702
REPLY by Defendants AbbVie Inc., Abbott Laboratories to notice of filing #2669 Defendants' Reply in Support of Their First Corrected Notice of Deficiency Pursuant to Case Management Order No. 115 (Yeary, Michelle)
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Filing 2701
MEMORANDUM by Anda, Inc., Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. in Opposition to motion to compel,,, #2687 (Attachments: #1 Exhibit A-Kelham v. CSX Transportation, Inc., #2 Exhibit B-Anderson v. Procter & Gamble Paper Products Co.)(Geoppinger, Jeffrey)
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Filing 2700
MAIL RETURNED, for document #2606 sent to John Leiper Bell returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form. (ew, )
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Filing 2699
MOTION by Plaintiff Bruce Owens to seal Confidential Declaration, MOTION by Plaintiff Bruce Owens to seal document (Attachments: #1 Text of Proposed Order, #2 Declaration)(Koluncich, Nicholas)
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Filing 2698
STATUS Report Joint Status Report on Developments in Turner Case by AbbVie Inc., Abbott Laboratories (Kim, Mary)
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Filing 2697
ATTORNEY Appearance for Plaintiff, Robert Christopher Williams, Jr. (Shakib, Christopher)
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Filing 2696
CASE MANAGEMENT ORDER 125 (SELECTION OF ACTAVIS CASES FOR WORK-UP GROUP 2), signed by the Honorable Matthew F. Kennelly on 6/1/2018. (mk)
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Filing 2695
MINUTE entry before the Honorable Matthew F. Kennelly: It does not appear to the Court that it has a draft order corresponding to the Joint Status Report Regarding Selection of Actavis-Only Cases For Remand (dkt. 2635). Counsel are directed to immediately provide a Word version of a draft order to Judge Kennelly's proposed order e-mail address. (mk)
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Filing 2694
NOTIFICATION of Party Contact Information (Abrams, Rachel)
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Filing 2693
AFFIDAVIT of E. Scott Verhine, Esq. regarding motion for miscellaneous relief #2627 (Schumacher, Matthew)
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Filing 2692
REPLY to Defendants' Opposition to Motions for Reconsideration and Reinstatement by Peter Catanese, III, Douglas Hele, Gail Horky, Sandor Horky, Carlos Iglesias, Kathleen Iglesias, Robert Lewis, Michael Pruitt, Linda Saxon, Paul Saxon, Alexandra Vigue, Ronald Vigue #2666 . (Attachments: #1 Exhibit) (Lawrence, Jennifer) Docket Text Modified by Clerk's Office on 6/1/2018 (jh, ).
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Filing 2691
MINUTE entry before the Honorable Matthew F. Kennelly: The 5/31/2018 "mini" case management conference will be broadcasted. Participants may dial in using toll free number (888) 684-8852 and use participant code 7461053 (followed by the # sign). Please note that during the conference you will not be able to participate verbally. (pjg, )
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Filing 2690
ATTORNEY Appearance for Plaintiffs Emily Bailey, Lloyd Bailey, Carolyn Price, Odis Price, Lori Wisdom, Nicholas Wisdom by Timothy A. Burke (Burke, Timothy)
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Filing 2689
MINUTE entry before the Honorable Matthew F. Kennelly: The motions for reconsideration of dismissal filed by plaintiffs Santo Lococo #2676 , Robert McCullough #2677 , Marc Modkowitz #2683 , Fred Paige #2684 , and Richard Ross #2685 are set for hearing on 5/31/2018 at 2:00 PM, as ordered pursuant to CMO 119 in MDL 2545 (Case No. 14-cv-1748). Moving counsel must appear in person; no telephone appearances will be permitted. (mk)
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Filing 2688
NOTICE of Motion by James Griffin O'Brien for presentment of motion to compel,,, #2687 before Honorable Matthew F. Kennelly on 6/6/2018 at 09:30 AM. (O'Brien, James)
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Filing 2687
MOTION by Plaintiff Plaintiffs' Steering Committee to compel and Opposition to Actavis Defendants' Motion to Quash (Attachments: #1 Declaration of James G. O'Brien, #2 Exhibit A - PSCs February 2, 2018 request for the custodial file of Megan Kipness, #3 Exhibit B - PSCs April 17, 2018 request for the custodial file and deposition of William Reggio, #4 Exhibit C - PSCs April 26, 2018 request for the Christopher Cassarino custodial file and depositions of Mr. Cassarino and Megan Kipness, #5 Exhibit D - May 10, 2018 email from Actavis Defendants counsel, #6 Exhibit E - September 20, 2017 letter from the PSC, #7 Exhibit F - Wendy DeSpain Certificate of Completeness, #8 Exhibit G - December 9, 2017 email from Actavis Defendants counsel, #9 Exhibit H - April 27, 2018 PSC letter detailing unfulfilled discovery requests)(O'Brien, James)
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Filing 2686
Plaintiffs' Steering Committee's Response in Opposition to the AbbVie Defendants' First Corrected Notice of Deficiency Pursuant to Case Management Order No. 115 by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 2685
MOTION by Plaintiff Richard C. Ross for reconsideration regarding order #2612 (Attachments: #1 Memorandum of Law in Support, #2 Exhibit A_Proposed Order)(Sinnott, Kristen)
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Filing 2684
MOTION by Plaintiff Fred Paige for reconsideration regarding order #2612 (Attachments: #1 Memorandum of Law in Support, #2 Exhibit A_Proposed Order)(Sinnott, Kristen)
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Filing 2683
MOTION by Plaintiff Marc R. Moskowitz for reconsideration regarding order #2612 (Attachments: #1 Memorandum of Law in Support, #2 Exhibit A_Proposed Order)(Sinnott, Kristen)
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Filing 2682
NOTICE of Motion by Jeffrey Daniel Geoppinger for presentment of motion to quash, #2681 before Honorable Matthew F. Kennelly on 6/6/2018 at 09:30 AM. (Geoppinger, Jeffrey)
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Filing 2681
MOTION by Defendants Anda, Inc., Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. to quash Notice of Oral Videotaped Deposition of Jessica Dziedzic (Attachments: #1 Exhibit A - Declaration of Jeffrey D. Geoppinger)(Geoppinger, Jeffrey)
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Filing 2680
ATTORNEY Appearance for Plaintiffs Marc R. Moskowitz, Fred Paige, Richard C. Ross by Kristen Nicole Sinnott (Sinnott, Kristen)
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Filing 2679
LETTER from Austin Amobi dated 5/19/2018. (ags, )
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Filing 2678
Attorney Appearance Form by Santo LoCoco, II, Robert McCullough, Jr. (Morrison, Walter)
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Filing 2677
MOTION by Plaintiff Robert McCullough, Jr. From This Court's Order Dismissing Plaintiffs' Case with Prejudice for Failing to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Morrison, Walter)
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Filing 2676
MOTION by Plaintiff Santo LoCoco, II From This Court's Order Dismissing Plaintiffs' Case with Prejudice for Failing to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Morrison, Walter)
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Filing 2675
CASE MANAGEMENT ORDER NO. 124 (Ruling on Besins defendants' motion for summary judgment, dkt. no. 2425), signed by the Honorable Matthew F. Kennelly on 5/29/2018: For the reasons stated in the accompanying order, the Court grants the Besins defendants' motion for summary judgment on all remaining claims by all plaintiffs in the MDL proceeding [dkt. no. 2425]. (mk)
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Filing 2674
ATTORNEY Appearance for Plaintiff Paul Ziaja by David Todd Mathews and Amy Gabriel. (Mathews, David) Docket Text Modified by Clerk's Office on 5/30/2018 (jh, ).
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Filing 2673
ATTORNEY Appearance for Plaintiff Ronnie Kennedy by Matthew J Schumacher (Schumacher, Matthew)
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Filing 2672
CASE MANAGEMENT ORDER No. 123 (rulings on certain motions in limine in Rowley v. AbbVie Inc. et al., Case No. 15 C 2760), signed by the Honorable Matthew F. Kennelly on 5/28/2018. (mk)
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Filing 2670
CASE MANAGEMENT ORDER NO. 122 (Extension of previous stay of Endo, Auxilium & GSK cases), signed by the Honorable Matthew F. Kennelly on 5/25/2018. (mk)
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Filing 2669
NOTICE by AbbVie Inc., Abbott Laboratories Defendants' First Corrected Notice of Deficiency Pursuant to Case Management Order No. 115 (Attachments: #1 Exhibit A)(Yeary, Michelle)
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Filing 2668
ATTORNEY Appearance for Plaintiffs Clifford J. Anderson, Shawn Armstrong, David K Bennett, Mark Buchinsky, Jack Cleveland, Charlton R Coker, Jr, Patricia Durning, John Gallagher, Robert G. Greiner, James High, Howard W Hughes, Walter McGill, Jonathan Piehl, Eugene Pilecki, Joseph Smagala, Donald Sumner, Gary Uptain by Fred S. Longer (Longer, Fred)
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Filing 2667
ATTORNEY Appearance for Plaintiffs Clifford J. Anderson, Shawn Armstrong, David K Bennett, Mark Buchinsky, Jack Cleveland, Charlton R Coker, Jr, Patricia Durning, John Gallagher, Robert G. Greiner, James High, Howard W Hughes, Walter McGill, Jonathan Piehl, Eugene Pilecki, Joseph Smagala, Donald Sumner, Gary Uptain by Michael M. Weinkowitz (Weinkowitz, Michael)
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Filing 2666
MEMORANDUM by AbbVie, Inc., Abbott Laboratories, Inc. in Opposition to motion for reconsideration #2647 , motion for miscellaneous relief #2629 , motion for reconsideration #2613 , motion for reconsideration #2649 , motion for reconsideration #2619 , motion for reconsideration #2617 , motion for reconsideration #2648 , motion for reconsideration #2620 , motion for reconsideration #2646 , motion for reconsideration #2634 , motion for reconsideration #2618 , motion to reopen case #2655 , motion for reconsideration #2642 , motion to alter judgment,, motion to amend/correct, #2664 , motion for reconsideration #2616 , motion for miscellaneous relief #2627 , motion for reconsideration #2615 , motion for miscellaneous relief #2622 , motion for reconsideration #2614 , motion for miscellaneous relief #2624 , motion for miscellaneous relief #2623 (Attachments: #1 Exhibit A)(Donahue, Alicia)
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Filing 2665
MOTION by Plaintiff Larry Starnes to reopen case (Rockforte, Nicholas)
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Filing 2671
MAIL RETURNED, for document #2584 sent to Ricky Evans returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form. (smm)
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Filing 2664
MOTION by Plaintiffs Dennise Ziaja, Paul Ziaja to alter judgment Pursuant to Rule 59(e), or Alternatively, Rule 60(b), MOTION by Plaintiffs Dennise Ziaja, Paul Ziaja to amend/correct order #2612 (Attachments: #1 Memorandum in Support)(Mathews, David)
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Filing 2662
MINUTE entry before the Honorable Matthew F. Kennelly: The Court's order of 5/17/2018 (dkt. no. 2632) is vacated to the extent it set the case of Bracetti-Ayala v. AbbVie Inc., individual case no. 15-cv-7791, for hearing on 5/31/2018 with respect to reconsideration of dismissal. Mr. Bracetti-Ayala's case has not been dismissed, so reconsideration of dismissal is unnecessary. Mr. Bracetti-Ayala's counsel need not appear on 5/31/2018. (mk)
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Filing 2663
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 5/22/2018. Motion to strike #2603 is terminated based on ruling. Briefing schedule for Harris v. AbbVie (14 C 7963) and Natale v. AbbVie (16 C 5706) as follows: Plaintiffs' Daubert motions due by 6/25/2018; responses due by 7/12/2018; replies due by 7/25/2018. Mailed notice. (pjg, )
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Filing 2661
CASE MANAGEMENT ORDER NO. 87A (substitution of cases for trial groups 1, 2, and 3 and mixed-use cases voluntarily dismissed by plaintiffs after selection), signed by the Honorable Matthew F. Kennelly on 5/22/2018. (mk)
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Filing 2660
CASE MANAGEMENT ORDER # 121 (ORDER CONCERNING DEPOSITIONS OF CASE-SPECIFIC WITNESSES IN ABBVIE CASES), signed by the Honorable Matthew F. Kennelly on 5/22/2018. (mk)
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Filing 2659
RESPONSE by Plaintiffs Dorothy Sisneros, Johnny Sisneros to notice of filing #2583 (Echsner, Stephen)
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Filing 2658
NOTICE by Stephen C. Ball of Change of Address (Ball, Stephen)
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Filing 2657
MOTION by Plaintiff Larry Starnes to reopen case (Rockforte, Nicholas)
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Filing 2656
MINUTE entry before the Honorable Matthew F. Kennelly: The motions of plaintiffs Donald Linn (Case No. 14-4527), Joann Parrish (Case No. 16-cv-2206), Ruth Plenty-Walls (Case No. 16-2987), and George and Charlene Stroemer (Case No. 16-2993) for reconsideration of the dismissal of their cases are set for hearing on 5/31/2018 at 2:00 PM, pursuant to CMO 119 in MDL 2545. Moving counsel must appear in person; no telephone appearances will be permitted. The parties are to consult CMO 119 for more details. (mk) (Kennelly, Matthew)
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Filing 2655
MOTION by Plaintiff Donald Linn to reopen case (Attachments: #1 Certificate of Service, #2 Exhibit, #3 Text of Proposed Order)(Singleton, W. James)
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Filing 2654
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14494096. (Singleton, W. James)
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Filing 2653
STATUS Report Joint Status Report Regarding Stipulations of Dismissal by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 2652
ATTORNEY Appearance for Defendants AbbVie Inc., Abbott Laboratories, Inc. by Thomas Joseph Dammrich, II ATTORNEY APPEARANCE (Dammrich, Thomas)
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Filing 2651
CASE MANAGEMENT ORDER NO. 120 (Preliminary Order on motions to strike expert reports in Harris and Natale cases), signed by the Honorable Matthew F. Kennelly on 5/21/2018. The parties should note that the motions to strike remain set for hearing and final ruling on 5/22/2018 at 9:30 AM. (mk)
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Filing 2650
STATUS Report Interim Status Report Regarding CMO 26 Dismissal List by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A)(Smith, Brendan)
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Filing 2649
MOTION by Plaintiff Ruth Plenty-Walls for reconsideration regarding order #2612 Dismissal of cases (Attachments: #1 Memorandum In Support, #2 Text of Proposed Order)(Tankard, George)
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Filing 2648
MOTION by Plaintiffs Deborah Schwartz, Henry Schwartz for reconsideration regarding order #2612 Dismissal of cases (Attachments: #1 Memorandum In Support, #2 Text of Proposed Order)(Tankard, George)
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Filing 2647
MOTION by Plaintiffs Charlene Stroemer, George Stroemer, III for reconsideration regarding order #2612 Dismissal of cases (Attachments: #1 Memorandum In Support, #2 Text of Proposed Order)(Tankard, George)
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Filing 2646
MOTION by Plaintiff Joann Parrish for reconsideration regarding order #2612 Dismissal of cases (Attachments: #1 Memorandum In Support, #2 Text of Proposed Order)(Tankard, George)
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Filing 2645
THIRD AMENDED CASE MANAGEMENT ORDER NO. 9 (Plaintiff Fact Sheets and Records Authorizations), signed by the Honorable Matthew F. Kennelly on 5/20/2018. (mk)
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Filing 2644
MOTION by Plaintiff Jose A Bracetti for order to show cause CMO 110, CMO 119 (Irizarry-Baez, Veronica)
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Filing 2643
MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to CMO 119, 7he motion of plaintiffs James and Gloria Million for reconsideration #2642 (individual case number 1:17-cv-1188) is set for hearing on 5/31/2018 at 2:00 PM. Moving counsel must appear in person; no telephone appearances will be permitted. The parties are to consult CMO 119 for more details. (mk)
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Filing 2642
MOTION by Plaintiffs Gloria Million, James Million for reconsideration regarding order #2612 Dismissing Plaintiffs' case (Attachments: #1 Memorandum in support, #2 Text of Proposed Order)(Jaymeski, Pullins-Gorham)
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Filing 2641
MOTION by Plaintiffs EMILY BAILEY, LLOYD BAILEY, Carolyn Price, Odis Price, Lori Wisdom, Nicholas Wisdom for order granting the Joint Motion to Reinstate Plaintiffs' Complaints (Leh, Michael)
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Filing 2640
MINUTE entry before the Honorable Matthew F. Kennelly: A "mini" case management conference is set for 5/31/2018 at 2:00 PM, to coincide with the hearings on motions seeking reconsideration of dismissals with prejudice under CMO 118. The two additional topics that the Court wishes to discuss at the conference (subject to any additions the Court may make later) are (1) the defendants' "first notice of deficiency pursuant to CMO 115" (dkt. no. 2630), and (2) recently filed motions by a number of plaintiffs seeking voluntary dismissal of cases without prejudice. In addition, by no later than 5/24/2018, defendants are to file a memorandum, not to exceed 15 pages total, setting forth whether they oppose any or all of the motions seeking reconsideration of dismissals with prejudice under CMO 118 and the factual and legal basis for their opposition. (mk)
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Filing 2639
REPLY by Plaintiff Plaintiffs' Steering Committee to motion to strike, #2603 (Smith, Brendan)
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Filing 2638
TRANSCRIPT OF PROCEEDINGS held on May 2, 2018 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/8/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/16/2018. (Cox, Carolyn)
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Filing 2637
TRANSCRIPT OF PROCEEDINGS held on April 25, 2018 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/8/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/16/2018. (Cox, Carolyn)
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Filing 2636
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff Robert C. Williams, Jr. (individual case no. 17-cv-4099), has filed under the main MDL file number a motion for reconsideration of the dismissal of his case. Pursuant to CMO 119, the motion is set for hearing in court on 5/31/2018 at 2:00 PM. Moving counsel must appear in person; no telephone appearances will be permitted. The parties are to consult CMO 119 for more details. (mk)
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Filing 2635
STATUS Report (Joint) Regarding Selection of Actavis Only Cases for Remand Pursuant to CMO No. 102 by Anda, Inc., Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. (Attachments: #1 Exhibit 1 - Proposed CMO)(Geoppinger, Jeffrey)
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Filing 2634
MOTION by Plaintiff Robert Christopher Williams, Jr for reconsideration of Order Dismissing Plaintiff's Case (Shakib, Christopher)
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Filing 2633
MINUTE entry before the Honorable Matthew F. Kennelly: The parties have filed a list of cases to be dismissed without prejudice pursuant to stipulation (dkt. 2610) and a list of cases with particular defendants to be dismissed with prejudice pursuant to stipulation (dkt. 2609). The lists do not explain the reasons for the dismissals, and although the Court has an idea what the reasons likely are, there should be a written explanation. The parties are directed to file a joint status report by 5/23/2018 providing an explanation for these dismissals. (mk)
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Filing 2632
MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to CMO 119, all motions for reconsideration of dismissal that have been filed under the main MDL file number (No. 14-1748) or under individual case numbers are set for hearing in court on 5/31/2018 at 2:00 PM. Moving counsel must appear in person; no telephone appearances will be permitted. The parties are to consult CMO 119 for more details. This includes the following plaintiffs who filed their motions under the main MDL file number (with the corresponding individual case number): 15-7412, Robert Lewis; 15-7589 (Douglas Hele); 15-7445 (Sandor Horky); 15-7494 (Peter Catanese); 15-6327 (Carl Iglesias); 15-7569 (Michael Pruitt); 15-7423 (Paul Saxon); 15-10379 (Ronald Vigue); 16-7172 (Joseph Dyane); 16-8319 (Richard Jepson); 17-7522 (Sushma Narula); 15-7791 (Jose Bracetti-Ayala); 15-3512 (Ronnie Kennedy); 16-4407 (Bruce Owens). This also includes the following plaintiffs who filed their motions only under their individual case number: 15-6330 (Martin Ramos); 16-1834 (Arthur Lapenotiere); 16-2369 (Joseph McCabe); 16-7230 (Thaddeus Thompson); 17-727 (Charles Deming); 16-6440 (John Rivera). It will also include any such motions filed on 5/17/2018 or thereafter, whether under the main MDL case number or the individual docket number. The plaintiffs' steering committee is directed to immediately confirm with the plaintiffs' attorneys in these cases their awareness of CMO 118 and this order. (mk)
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Filing 2630
NOTICE by AbbVie, Inc., Abbott Laboratories Defendants' First Notice of Deficiency Pursuant to Case Management Order No. 115 (Attachments: #1 Exhibit A)(Yeary, Michelle)
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Filing 2629
MOTION by Plaintiff Bruce OwensRelief from Order of Dismissal (Attachments: #1 Supplement Memorandum in Support of Motion, #2 Text of Proposed Order Proposed order)(Koluncich, Nicholas)
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Filing 2628
RESPONSE by AbbVie Inc., Abbott Laboratoriesin Opposition to MOTION by Plaintiff Plaintiffs' Steering Committee to strike Plaintiffs Harris and Natale's Joint Motion to Strike Untimely Expert Reports by Dr. George Newman and Dr. William White #2603 (Attachments: #1 Exhibit A, #2 Exhibit B)(Donahue, Alicia)
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Filing 2631
MAIL RETURNED, for document #2584 sent to John Leiper Bell returned as undeliverable, return to sender. Re-mailed to 91 Rolling Hills Road. (las, )
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Filing 2627
MOTION by Plaintiff Ronnie Kennedy Relief from Case Management Order No.118 (Attachments: #1 Exhibit Memorandum in Support, #2 Text of Proposed Order Proposed Order)(Verhine, Everette)
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Filing 2626
CASE MANAGEMENT ORDER NO. 119 (Motions seeking reconsideration of dismissal under CMO 118), signed by the Honorable Matthew F. Kennelly on 5/14/2018: As stated in the accompanying order, an in-court hearing on all filed and hereafter filed motions seeking reconsideration of dismissals under CMO 118 is set for 5/31/2018 at 2:00 PM. (mk)
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Filing 2625
MOTION by Plaintiff Jose A Bracetti for order CMO 110, MOTION by Plaintiff Jose A Bracetti for discovery PFF (Irizarry-Vaez, Veronica)
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Filing 2624
MOTION by Plaintiff Sushma Narula Relief from Case Management Order No. 118 (Attachments: #1 Exhibit Memorandum in Support, #2 Exhibit Proposed Order)(Plymale, Douglas)
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Filing 2623
MOTION by Plaintiffs Richard C. Jepson, Sandra S. Jepson Relief from Case Management Order No. 118 (Attachments: #1 Exhibit Memorandum in Support, #2 Exhibit Proposed Order)(Plymale, Douglas)
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Filing 2622
MOTION by Plaintiff Joseph C. Diani, SrRelief From Case Management Order No. 118 (Attachments: #1 Exhibit Memorandum in Support, #2 Exhibit Proposed Order)(Plymale, Douglas)
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Filing 2621
RESPONSE by Plaintiff James Borough to order,, #2434 (Attachments: #1 Exhibit A)(Robins, Bill)
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Filing 2620
MOTION by Plaintiff Ronald Vigue for reconsideration regarding order #2612 (Attachments: #1 Exhibit Memorandum In Support, #2 Exhibit Proposed Order)(Lawrence, Jennifer)
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Filing 2619
MOTION by Plaintiff Paul Saxon for reconsideration regarding order #2612 (Attachments: #1 Exhibit Memorandum In Support, #2 Exhibit Proposed Order)(Lawrence, Jennifer)
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Filing 2618
MOTION by Plaintiff Michael Pruitt for reconsideration regarding order #2612 (Attachments: #1 Exhibit Memorandum In Support, #2 Exhibit Proposed Order)(Lawrence, Jennifer)
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Filing 2617
MOTION by Plaintiff Carlos Iglesias for reconsideration regarding order #2612 (Attachments: #1 Exhibit Memorandum In Support, #2 Proposed Order)(Lawrence, Jennifer)
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Filing 2616
MOTION by Plaintiff Peter Catanese, III for reconsideration regarding order #2612 (Attachments: #1 Exhibit Memorandum In Support, #2 Exhibit Proposed Order)(Lawrence, Jennifer)
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Filing 2615
MOTION by Plaintiff Sandor Horky for reconsideration regarding order #2612 (Attachments: #1 Exhibit Memorandum In Support, #2 Exhibit Proposed Order)(Lawrence, Jennifer)
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Filing 2614
MOTION by Plaintiff Douglas Hele for reconsideration regarding order #2612 (Attachments: #1 Exhibit Memorandum In Support, #2 Exhibit Proposed Order)(Lawrence, Jennifer)
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Filing 2613
MOTION by Plaintiff Robert Lewis for reconsideration regarding order #2612 (Attachments: #1 Exhibit Memorandum In Support, #2 Exhibit Proposed Order)(Lawrence, Jennifer)
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Filing 2612
CASE MANAGEMENT ORDER NO. 118 (Dismissal of cases for noncompliance with CMO 85, signed by the Honorable Matthew F. Kennelly on 5/11/2018. (mk)
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Filing 2611
RESPONSE to notice of filing #2583 Regarding Court's Order to Show Cause per CMO 85 (Attachments: #1 Exhibit A, #2 Exhibit B)(Perkins, Brian)
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Filing 2610
STIPULATION of Dismissal without Prejudice (Omnibus) (Attachments: #1 Exhibit 1)(Miracle, Trent)
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Filing 2609
STIPULATION of Dismissal with Prejudice (Omnibus) (Attachments: #1 Exhibit 1)(Miracle, Trent)
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Filing 2608
MINUTE entry before the Honorable Matthew F. Kennelly: The law firm of Myers & Flowers filed, without obtaining leave of court, an omnibus response [dkt. no. 2563] to the Court's recent order to show cause regarding plaintiff's profile forms, on behalf of over 130 plaintiffs in six different categories. The manner in which this was filed and in which the attachments (exhibits A-F) are organized makes it virtually impossible for the Court to sort out and catalog the response(s). Myers & Flowers is directed to submit to the Court's proposed order e-mail address, by no later than 12:00 pm on 5/10/2018, Excel versions of Exhibits A through F (i.e. 6 separate Excel spreadsheets), with each case on a separate line, identifying each case by its case number in one cell and the plaintiff's name (last name first, first name last) in the adjacent cell. (mk)
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Filing 2607
ATTORNEY Appearance for Defendants AbbVie Inc., Abbott Laboratories by Andrew L. Goldman (Goldman, Andrew)
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Filing 2606
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to strike expert reports #2603 is taken under advisement. The hearing date of 5/15/2018 is vacated and reset to 5/22/2018 at 9:30 AM. Defendants are directed to file a response to the motion by 5/15/2018. Plaintiffs are directed to file a reply by 5/18/2018. The Court reserves the right to vacate the hearing date if it deems it unnecessary. Mailed notice. (pjg, )
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Filing 2605
SEALED DOCUMENT by Plaintiff Plaintiffs' Steering Committee Exhibit B, C, D, and E (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E)(Miracle, Trent)
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Filing 2604
NOTICE of Motion by Brendan A Smith for presentment of motion to strike, #2603 before Honorable Matthew F. Kennelly on 5/15/2018 at 09:30 AM. (Smith, Brendan)
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Filing 2603
MOTION by Plaintiff Plaintiffs' Steering Committee to strike Plaintiffs Harris and Natale's Joint Motion to Strike Untimely Expert Reports by Dr. George Newman and Dr. William White (Attachments: #1 Exhibit A)(Smith, Brendan)
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Filing 2602
SEALED EXHIBIT Motion to Withdraw regarding MOTION by Attorney Brian Perkins to withdraw as attorney. #2600 (Flowers, Peter)
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Filing 2601
NOTICE of Motion by Peter J. Flowers for presentment of motion to withdraw as attorney before Judge Kennelly on June 28, 2018 at 1:30 pm (Flowers, Peter) Text Modified on 5/9/2018 (las, ).
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Filing 2600
MOTION by Attorney Brian Perkins to withdraw as attorney. (Attachments: #1 Exhibit Notification of Party Contact)(Flowers, Peter)
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Filing 2599
CASE MANAGEMENT ORDER NO. 117 (Trial time allocation for Rowley v. AbbVie bellwether trial), signed by the Honorable Matthew F. Kennelly on 5/8/2018. (mk)
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Filing 2598
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw as attorney #2591 is granted. Attorney David Markevitch will be terminated terminated from this case as well as all cases listed in Exhibit A of the motion. The 5/10/2018 hearing for this motion is vacated. Mailed notice. (pjg, )
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Filing 2597
ATTORNEY Appearance for Defendant AbbVie, Inc. by Eva Canaan (Canaan, Eva)
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Filing 2596
ATTORNEY Appearance for Defendant AbbVie, Inc. by Tamar P Halpern (Halpern, Tamar)
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Filing 2595
ATTORNEY Appearance for Defendant AbbVie, Inc. by Kimberly S. Penner (Penner, Kimberly)
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Filing 2594
ATTORNEY Appearance for Defendant AbbVie Inc. by Thomas J Sheehan (Sheehan, Thomas)
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Filing 2593
CASE MANAGEMENT ORDER No. 116 (rulings on motions in limine in Myers v. AbbVie Inc. et al., Case No. 15 C 1085), signed by the Honorable Matthew F. Kennelly on May 5, 2018. (mk)
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Filing 2592
NOTICE of Motion by David Markevitch for presentment of motion to withdraw as attorney #2591 before Honorable Matthew F. Kennelly on 5/10/2018 at 09:30 AM. (Markevitch, David)
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Filing 2591
MOTION by Attorney David Markevitch to withdraw as attorney for Lum Littlepage Sr. No party information provided (Attachments: #1 Exhibit A, #2 Notice of Filing)(Markevitch, David)
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Filing 2590
ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories by Margaret Catherine O'Connor (O'Connor, Margaret)
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Filing 2589
RESPONSE to Order to Show Cause to order,, #2434 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Diamond, David)
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Filing 2588
REPLY by Defendants Besins Healthcare Inc., Besins Healthcare S.A. to motion for summary judgment #2425 (Yeary, Michelle)
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Filing 2586
RESPONSE by Plaintiffs Danny Fred Cloud, Patricia D. Cloud, Brian Gary Coston, Bettyjane Flores, Stanley B. Latty, Donna B. Latty, Jay S. McCabe, Clyde Newbury, Sheryl Newbury, Charles Michael Page, Cheryl Ann Robinson, Loyd C. Sanders, Frank Sligh, James Edward Williams to notice of filing #2583 Notice by Defendants Regarding the Court's Order to Show Cause Pursuant to Case Management Order No. 85 (Lowry, Stephen)
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Filing 2587
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #2584 , #2585 sent to Attorney Stephanie Lynn Gardner returned as: Unknown Address Error. The Clerk telephoned Stephanie Lynn Gardner, no contact made. Mailed to attorney Stephanie Lynn Gardner a letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerks Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 2585
RESPONSE by Plaintiffs James L. Beason, Mary L. Beason to order,, #2434 (Attachments: #1 Exhibit A)(Plymale, Douglas)
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Filing 2584
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 4/25/2018. All unresolved items on the joint agenda are discussed. (1) Further discussions held regarding responses to the order to show cause for CMO 85 filed on the main MDL and member cases. Defendants are to file a status report by 5/1/2018 listing the cases that are subject to the order to show cause as well as any responses or other documents filed by the plaintiffs in those cases after entry of the order to show cause, as well as other relevant information. (2) Parties are to confer and submit an amended proposed order regarding AbbVie's motion regarding amending CMO 87. (3) Henceforth, no cases in group 1 as established in CMO 87 may be dismissed without prior leave of the Court. (4) Parties are to confer further regarding deposition priority for non-party healthcare provider witnesses and submit a proposed agreement on a protocol. (5) A conference call is set for 5/3/2018 at 8:00 a.m. to discuss the remaining two depositions for the wave 1 cases. Parties are to advise Judge Kennelly's courtroom deputy whether this conference call will be needed by 4/30/2018. (6) An updated Actavis dismissal list is to be submitted by 5/17/2018. (7) An updated list regarding Myers and Flowers' motions to withdraw #2213 and #2264 is to be provided to Judge Kennelly's courtroom deputy. (8) The 5/31/2018 case management conference is vacated. The next case management conference previously set for 6/28/2018 at 1:30 p.m. shall remain. Mailed notice. (pjg, )
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Filing 2583
NOTICE by AbbVie Inc., Abbott Laboratories Regarding the Court's Order to Show Cause Pursuant to Case Management Order No. 85 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kim, Mary)
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Filing 2582
RESPONSE to Order to Show Cause to order,, #2434 (Attachments: #1 Exhibit)(Mccarley, Matthew)
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Filing 2581
MOTION by Plaintiff Jose A Bracetti for order to show cause to CMO 110 (Irizarry-Vaez, Veronica)
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Filing 2580
RESPONSE by Plaintiff James Edward Williams to order,, #2434 CMO 110 (McNeeley, Madeline)
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Filing 2579
RESPONSE by Plaintiff Frank Sligh to order,, #2434 CMO 110 (McNeeley, Madeline)
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Filing 2578
RESPONSE by Plaintiff Loyd C. Sanders to order,, #2434 CMO 110 (McNeeley, Madeline)
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Filing 2577
RESPONSE by Plaintiff Stanley Latty to order,, #2434 CMO 110 (McNeeley, Madeline)
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Filing 2576
RESPONSE by Plaintiff Alston Sterling to order,, #2434 (Attachments: #1 Exhibit)(Bauman, David)
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Filing 2575
RESPONSE by Plaintiff Ralph Rankin to order,, #2434 (Pang, Natalie)
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Filing 2574
RESPONSE by Plaintiff William Brenner to order,, #2434 (Pang, Natalie)
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Filing 2573
RESPONSE by Plaintiff John Betts to order,, #2434 (Pang, Natalie)
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Filing 2572
RESPONSE by Plaintiff James Borough to order,, #2434 (Robins, Bill)
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Filing 2571
RESPONSE by Plaintiff Matthew Weyuker to order,, #2434 (Robins, Bill)
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Filing 2570
RESPONSE by Plaintiff Ricky Evans to order,, #2434 (Robins, Bill)
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Filing 2569
RESPONSE by Plaintiff Russell Nelson to order,, #2434 (Robins, Bill)
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Filing 2568
RESPONSE by Plaintiff Robert Klinedinst to order,, #2434 (Robins, Bill)
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Filing 2567
RESPONSE by Plaintiff Terrell Prinkley to order,, #2434 (Attachments: #1 Exhibit A)(Robins, Bill)
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Filing 2566
RESPONSE by Plaintiff William Simpson to order,, #2434 (Attachments: #1 Exhibit A)(Robins, Bill)
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Filing 2565
RESPONSE by Plaintiff James Herman to order,, #2434 (Attachments: #1 Exhibit A)(Robins, Bill)
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Filing 2564
RESPONSE by Plaintiff John Casper to order,, #2434 (Attachments: #1 Exhibit A)(Robins, Bill)
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Filing 2563
RESPONSE to order,, #2434 CMO 110 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Perkins, Brian)
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Filing 2562
RESPONSE by Plaintiff Paul Alexander to order,, #2434 CMO No. 110 (Stanoch, David)
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Filing 2561
NOTICE of Motion by Brian John Perkins for presentment of (Perkins, Brian)
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Filing 2560
RESPONSE by Plaintiff Eric Ragis to order,, #2434 CMO No. 110 (Stanoch, David)
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Filing 2559
SEALED EXHIBIT Affidavit regarding MOTION by Attorney Brian Perkins to withdraw as attorney. #2545 (Perkins, Brian)
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Filing 2558
RESPONSE by Plaintiff David Lyon to order,, #2434 CMO No. 110 (Stanoch, David)
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Filing 2557
RESPONSE by Plaintiffs James Vander Hoek, Patricia Vander Hoek to order,, #2434 CMO No. 110 (Stanoch, David)
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Filing 2556
RESPONSE by Plaintiff Jeffrey Schuur to order,, #2434 CMO No. 110 (Stanoch, David)
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Filing 2555
RESPONSE by Plaintiff Stella Lewis to order,, #2434 CMO 110 - Order to Show Cause (Attachments: #1 Exhibit A)(London, Michael)
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Filing 2554
RESPONSE by Plaintiff Anthony Shelton to order,, #2434 CMO No. 110 (Stanoch, David)
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Filing 2553
RESPONSE by Plaintiff Karen Logan to order,, #2434 CMO 110 - Order to Show Cause (Attachments: #1 Exhibit A)(London, Michael)
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Filing 2552
RESPONSE by Plaintiff Stephen Motylinski to order,, #2434 CMO No. 110 (Stanoch, David)
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Filing 2551
RESPONSE by Plaintiff William J Fullerton to order,, #2434 CMO No. 110 (Stanoch, David)
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Filing 2550
RESPONSE by Plaintiff Rodney Howard to order,, #2434 CMO No. 110 (Stanoch, David)
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Filing 2549
RESPONSE by Plaintiffs Rebecca Fowler, Steven Fowler to order,, #2434 CMO No. 110 (Stanoch, David)
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Filing 2548
RESPONSE by Plaintiff Marion Wildeboer to order,, #2434 CMO No. 110 (Stanoch, David)
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Filing 2547
RESPONSE by Plaintiff Phillip Keister to order,, #2434 CMO No. 110 (Stanoch, David)
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Filing 2546
RESPONSE by Plaintiffs Laura Smith, Michael Smith to order,, #2434 (Stanoch, David)
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Filing 2545
MOTION by Attorney Brian Perkins to withdraw as attorney. (Attachments: #1 Exhibit Notification of Party Contact)(Perkins, Brian)
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Filing 2544
RESPONSE by Plaintiffs Mary Jane Benninger, Richard A Benninger to order,, #2434 (Stanoch, David)
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Filing 2543
RESPONSE by Plaintiff J. Robin Powell to order,, #2434 (Seeger, Christopher) Modified on 4/27/2018 (pjg, ).
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Filing 2542
RESPONSE by Plaintiff Matthew Whisenhunt to order,, #2434 (Bergin, Christopher)
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Filing 2541
RESPONSE by Plaintiff Gus N. Theros to order,, #2434 (Bergin, Christopher)
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Filing 2540
RESPONSE by Plaintiff Charles McDaniel to order,, #2434 (Attachments: #1 Exhibit)(Bauman, David)
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Filing 2539
RESPONSE by Plaintiff Steven P. Kovach to order,, #2434 (Bergin, Christopher)
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Filing 2538
RESPONSE by Plaintiff Ronald Yeager to order,, #2434 (Attachments: #1 Exhibit)(Bauman, David)
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Filing 2537
RESPONSE by Plaintiff Tommy Joyner to order,, #2434 (Attachments: #1 Exhibit)(Bauman, David)
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Filing 2536
RESPONSE by Plaintiff David Hadaway to order,, #2434 (Bergin, Christopher)
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Filing 2535
RESPONSE by Plaintiff Gilbert Field to order,, #2434 (Attachments: #1 Exhibit)(Bauman, David)
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Filing 2534
RESPONSE by Plaintiff Peter Dennis to order,, #2434 (Attachments: #1 Exhibit)(Bauman, David)
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Filing 2533
RESPONSE by Plaintiff Luther Ayres to order,, #2434 (Bergin, Christopher)
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Filing 2532
RESPONSE by Plaintiff Danny McCarty to order,, #2434 (Bergin, Christopher)
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Filing 2531
RESPONSE by Plaintiff Bobby Giles to order,, #2434 (Bergin, Christopher)
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Filing 2530
RESPONSE by Plaintiff Clinton Watson to order,, #2434 (Bergin, Christopher)
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Filing 2529
RESPONSE by Plaintiffs Aaron Asperheim, Timothy Bergmayr, David A. Breeden, Sr., Joseph N Edgeworth, Everett T Head, Robert Daniel Joplin, Jr., Michael Pressley, Barbara Wells to notice of filing #2428 Case Management Order No. 110 - Order to Show Cause Pursuant to CMO No. 85 (Becker, Timothy)
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Filing 2528
RESPONSE by Plaintiff Marc Breau Plaintiff's Response to Case Management Order No. 110 - Order to Show Cause Pursuant to CMO No. 85 (Flaherty, Yvonne)
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Filing 2527
RESPONSE by Plaintiff Keith D. Unterseher to order,, #2434 (Bergin, Christopher)
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Filing 2526
DESIGNATION of Karl Egnar Pearson as Attorney for Plaintiffs Stuart Wein, Susan Wein (Pearson, Karl) Modified on 4/30/2018 (las, ).
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Filing 2525
ATTORNEY Appearance for Plaintiffs Stuart Wein, Susan Wein by Karl Egnar Pearson (Pearson, Karl)
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Filing 2524
RESPONSE by Plaintiffs Stuart Wein, Susan Wein to order #2295 , order,, #2434 to Show Cause (Attachments: #1 Exhibit A)(Pearson, Karl)
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Filing 2523
RESPONSE Plaintiff's Response To Case Management Order No. 110 - Order To Show Cause Pursuant To CMO No. 85 (McGoldrick, Marilyn)
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Filing 2522
RESPONSE by Plaintiff Carlos Feliciano to order,, #2434 (Bergin, Christopher)
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Filing 2521
RESPONSE by Plaintiff Gary Gall to order,, #2434 (Bergin, Christopher)
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Filing 2520
STIPULATION of Dismissal with Prejudice (Kraft, Kristine)
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Filing 2519
CASE MANAGEMENT ORDER NO. 115 (Cut-off Date for Supplemental Plaintiff Profile Form With Respect to AbbVie Defendants), signed by the Honorable Matthew F. Kennelly on 4/27/2018: The joint motion for entry of a case management order revising Case Management Order No. 85, regarding Supplemental Plaintiff Profile Forms, is granted. The Court notes that it modified the parties' proposed order by adding one day to the meet-and-confer period and one day to the period for responding to the Court's anticipated order to show cause. All plaintiffs' counsel are advised that this is a highly important order that imposes a cutoff date for submission of Supplemental Plaintiff Profile Forms under Case Management Order No. 85. (mk)
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Filing 2518
RESPONSE to Order to Show Cause to order,, #2434 (LoPalo, Christopher)
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CASE MANAGEMENT ORDER NO. 115 (Cut-off Date for Supplemental Plaintiff Profile Form With Respect to AbbVie Defendants), signed by the Honorable Matthew F. Kennelly on 4/27/2018: The joint motion for entry of a case management order revising Case Management Order No. 85, regarding Supplemental Plaintiff Profile Forms, is granted. The Court notes that it modified the parties' proposed order by adding one day to the meet-and-confer period and one day to the period for responding to the Court's anticipated order to show cause. All plaintiffs' counsel are advised that this is a highly important order that imposes a cutoff date for submission of Supplemental Plaintiff Profile Forms under Case Management Order No. 85. (mk)
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Filing 2517
RESPONSE by Plaintiff Judson C. Kidd, Sr. to order,, #2434 Case Management Order No. 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit A)(Echsner, Stephen)
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Filing 2516
RESPONSE by Plaintiff Lionel M Riley to order,, #2434 Case Management Order No. 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit A)(Echsner, Stephen)
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Filing 2515
SUGGESTION of Death as to Lionel M. Riley AMENDED (Echsner, Stephen)
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Filing 2514
SUGGESTION of Death as to Lionel M. Riley (Echsner, Stephen)
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Filing 2513
RESPONSE by Plaintiffs Cheryl Pavel, Timothy L. Pavel to order,, #2434 Case Management Order No. 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit A)(Echsner, Stephen)
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Filing 2512
RESPONSE by Plaintiff Anthony S. Mercer to order,, #2434 Case Management Order No. 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit A)(Echsner, Stephen)
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Filing 2511
RESPONSE by Plaintiff Robert M. Mendez to order,, #2434 Case Management Order No. 110 - Order to Show Cause Pursuant to CMO No. 85 (Echsner, Stephen)
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Filing 2510
RESPONSE by Plaintiff Chadwick D. Jones to order,, #2434 Case Management Order No. 110 - Order to Show Cause Pursuant to CMO No. 85 (Echsner, Stephen)
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Filing 2509
RESPONSE by Plaintiffs Dorothy Sisneros, Johnny Sisneros to order,, #2434 Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit A)(Echsner, Stephen)
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Filing 2508
RESPONSE by Plaintiff Richard Strickland to order,, #2434 (Root, Richard)
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Filing 2507
RESPONSE by Plaintiff Maxwell Shumake to order,, #2434 (Root, Richard)
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Filing 2506
RESPONSE by Plaintiff Gregory Wilde to order,, #2434 (Attachments: #1 Exhibit A)(Centola, Lawrence)
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Filing 2505
RESPONSE by Plaintiff Richard Denny to order,, #2434 to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit 1)(Levensten, Scott)
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Filing 2504
RESPONSE by Plaintiff Robert B Walter to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2503
RESPONSE by Plaintiff Joe E Vaughan to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2502
RESPONSE by Plaintiff Aron Lewington to order,, #2434 Response to Case Management Order No. 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit A)(Winthrop, Griffith)
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Filing 2501
RESPONSE by Plaintiff Billy R Shinn to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2500
Joint Motion to Enter Case Management Order by AbbVie, Inc., Abbott Laboratories (Attachments: #1 Exhibit)(Yeary, Michelle)
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Filing 2499
RESPONSE by Plaintiff Larry Maresh to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2498
RESPONSE by Plaintiff Jonathan Wilkins to order,, #2434 (Attachments: #1 Exhibit A)(Seeger, Christopher)
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Filing 2497
RESPONSE by Plaintiff Rhondell Saintsing to order,, #2434 (Attachments: #1 Exhibit A)(Seeger, Christopher)
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Filing 2496
RESPONSE by Plaintiff Reynaldo Rodriguez to order,, #2434 (Attachments: #1 Exhibit A)(Seeger, Christopher)
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Filing 2495
RESPONSE by Plaintiff Luis Martinez to order,, #2434 (Attachments: #1 Exhibit A)(Seeger, Christopher)
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Filing 2494
RESPONSE by Plaintiff Herman Tydell Hendrix to order,, #2434 (Attachments: #1 Exhibit A)(Seeger, Christopher)
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Filing 2493
RESPONSE by Plaintiff Damon Aaron to order #2295 , order,, #2434 (Attachments: #1 Exhibit A - Proof of Service)(Bruera, Sofia)
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Filing 2492
RESPONSE by Plaintiff Robert Phillips to order,, #2434 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Root, Richard)
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Filing 2491
RESPONSE by Plaintiff Wayne Smith to order,, #2434 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Root, Richard)
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Filing 2490
RESPONSE by Plaintiff Karon Syracuse to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2489
RESPONSE by Plaintiff Karen Lonon to order,, #2434 (Attachments: #1 Exhibit A)(Gallant, Michael)
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Filing 2488
RESPONSE by Plaintiff Haven Whitear to order,, #2434 TO CASE MANAGEMENT ORDER NO. 110 ORDER TO SHOW CAUSE PURSUANT TO CMO NO. 85 (Attachments: #1 Exhibit 1)(Levensten, Scott)
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Filing 2487
RESPONSE by Plaintiff Brenda Adams to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2486
RESPONSE by Plaintiff Michael Argondizzo to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2485
RESPONSE by Plaintiff Charles E. Dews to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2484
RESPONSE by Plaintiff Robert A. Francis to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2483
RESPONSE by Plaintiff Howard Jordan to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2482
RESPONSE by Plaintiff Daniel A. Hughes To CMO 110 - Order to Show Cause Pursuant to CMO 85 (Gallucci, Daniel)
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Filing 2481
RESPONSE by Plaintiff Carl W. Littlejohn to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2480
RESPONSE by Plaintiff Larry S Madson to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2479
RESPONSE by Plaintiff Kenneth Patterson to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2478
RESPONSE by Plaintiff Juan B Perez to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2477
RESPONSE by Plaintiff Christopher R Ray to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2476
RESPONSE by Plaintiff Michael P Smith to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2475
RESPONSE by Plaintiffs Ronald Massey, James Weimers to order,, #2434 (Attachments: #1 Ex. A)(Hilton, Todd)
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Filing 2474
RESPONSE by Plaintiff David Aken to order,, #2434 (Attachments: #1 Exhibit A)(Kathryn, Snapka)
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Filing 2473
RESPONSE by Plaintiff Daniel Louis Tellez to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2472
RESPONSE by Plaintiff Andrew Villademoros to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2471
RESPONSE by Plaintiff Martie Williams to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2470
RESPONSE by Plaintiff Robert Wilson to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2469
RESPONSE by Plaintiff Albert T. Yarrington to Case Management Order No 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit)(Morris, James)
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Filing 2468
SEALED DOCUMENT by Plaintiff Plaintiffs' Steering Committee Exhibit 14 (Smith, Brendan)
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Filing 2467
RESPONSE by Plaintiff David Sullivan to order,, #2434 to Case Management Order No. 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit A: Proof of Service of PPF, #2 Exhibit B: Email from Counsel)(Fitzgerald, Kevin)
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Filing 2466
NOTICE by Rachel Beth Abrams of Change of Address (Abrams, Rachel)
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Filing 2465
MINUTE entry before the Honorable Matthew F. Kennelly: Motion by plaintiff's counsel in Case No. 15 C 11846 to withdraw is hereby withdrawn. (mk)
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Filing 2464
STATUS Report (Joint) for the April 25, 2018 Case Management Conference by Plaintiffs' Steering Committee (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)(Smith, Brendan)
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Filing 2463
Joint Agenda for the April 25, 2018 Case Management Conference by Plaintiff's Steering Committee (Smith, Brendan)
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Filing 2462
SEALED DOCUMENT by Plaintiff Plaintiffs' Steering Committee (Attachments: #1 Exhibit 2, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 12, #10 Exhibit 13)(Miracle, Trent)
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Filing 2461
Plaintiffs' Steering Commitee's Response to Besins Healthcare, S.A. and Besins Healthcare Inc.'s Statement of Facts STATEMENT by Plaintiffs' Steering Committee (Attachments: #1 Exhibit 3, #2 Exhibit 11)(Smith, Brendan)
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Filing 2460
RESPONSE by Plaintiffs' Steering Committeein Opposition to MOTION by Defendants Besins Healthcare Inc., Besins Healthcare S.A. for summary judgment #2425 (Smith, Brendan)
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Filing 2459
RESPONSE by Plaintiff Terry William Ingland to order,, #2434 To Case Management Order No. 110-Order to Show Cause Pursuant to CMO No. 85 (Crump, Martin)
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Filing 2458
RESPONSE by Plaintiff Esstil Lee Westrick to order,, #2434 To Case Management Order No. 110 - Order to Show Cause Pursuant to CMO No. 85 (Attachments: #1 Exhibit A)(Crump, Martin)
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Filing 2457
CASE MANAGEMENT ORDER 114 (Trials of AbbVie cases under CMOs 75 & 87), signed by the Honorable Matthew F. Kennelly on 4/19/2018. (mk)
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Filing 2455
MINUTE entry before the Honorable Matthew F. Kennelly: It appears that some responses to the Court's order to show cause regarding the submission of plaintiff profile forms are being filed under the individual case number and that some are being filed under the main MDL case number. The parties are requested to compile, in spreadsheet form, a list of the cases that are subject to the order to show cause, including columns identifying whether a response has been filed by the plaintiff, the date of filing, and the docket number under which the filing has been made, as well as any other relevant information (such as, for example, whether a notice of dismissal or stipulation for dismissal has been filed in the particular case). This should be included as an attachment to the joint status report for the upcoming case management conference. (mk)
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Filing 2456
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #2452 , #2451 , #2453 , #2454 sent to Attorney John M. Parisi returned as: Unknown Address Error. Mailed to attorney John M. Parisi a letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerks Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 2454
RESPONSE by Plaintiff Leo Cree Ziminsky to order,, #2434 (Attachments: #1 Exhibit A)(Sawin, John)
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Filing 2453
RESPONSE to Order to Show Cause to order #2295 (Attachments: #1 Exhibit Proof of Service of PPF for Plaintiff Elmer Harmon)(Bates, Robert)
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Filing 2452
RESPONSE to Order to Show Cause to order #2295 (Attachments: #1 Exhibit Proof of Service of PPF for Plaintiff Elmer Harmon)(Bates, Robert)
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Filing 2451
RESPONSE to Order to Show Cause to status report, #2296 (Attachments: #1 Exhibit Proof of Service of PPF for Plaintiff Danny Chandler)(Bates, Robert)
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Filing 2450
RESPONSE by Plaintiff Derek Lawfield to CMO 110 (Attachments: #1 Exhibit A)(Lumaghi, Laura)
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Filing 2449
CASE MANAGEMENT ORDER NO. 113 (APPOINTING NEGOTIATING PLAINTIFF COUNSEL LILLY DEFENDANTS), signed by the Honorable Matthew F. Kennelly on 4/17/2018. (mk)
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Filing 2448
RESPONSE by Plaintiff Dan Castro to order,, #2434 (Attachments: #1 Exhibit Attachment A)(Jorde, Brian)
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Filing 2447
MOTION by Plaintiff Plaintiffs' Steering CommitteeMotion to Appoint Negotiating Plaintiff Counsel as to Lilly defendants (Attachments: #1 Exhibit 1)(Smith, Brendan)
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Filing 2446
RESPONSE by Plaintiff Ruby McConnell (Attachments: #1 Exhibit A)(West, Bradley)
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Filing 2445
MINUTE entry before the Honorable Matthew F. Kennelly: The Actavis defendants' motion for an order to exceed page limits, filed in Case Nos. 15-cv-426 and 15-cv-4292, is granted in part. The Actavis defendants may file summary judgment briefs that may not exceed 50 pages in the aggregate, divided however defendants wish but with no single brief exceeding 20 pages, and a single combined Daubert motion with a brief that may not exceed 45 pages. Plaintiffs' opposing memoranda are to follow these same requirements. Defendants' reply memoranda on the summary judgment and Daubert motions may not exceed 40 pages in the aggregate, divided however defendants wish but with no single brief exceeding 15 pages. (mk)
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Filing 2444
RESPONSE by Plaintiff George F Landry (Attachments: #1 Exhibit Proof of Service)(West, Bradley)
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Filing 2442
RESPONSE to Order to Show Cause to order,, #2434 (Attachments: #1 Exhibit A - Joint Stipulation of Dismissal With Prejudice)(Pantazis, Dennis)
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Filing 2441
RESPONSE to Order to Show Cause to order,, #2434 (Attachments: #1 Exhibit A - Certification in Support of Order to Show Cause, #2 Exhibit B - Proof of Service)(Pantazis, Dennis)
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Filing 2443
MAIL RETURNED, for document #2421 sent to John Leiper Bell returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form (las, )
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Filing 2440
STIPULATION of Dismissal With Prejudice for Warren Wolfe (Pantazis, Dennis)
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Filing 2439
RESPONSE by Plaintiffs Deanna Lasky, James L Lasky (Attachments: #1 Exhibit)(Lundy, Matthew)
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Filing 2438
CASE MANAGEMENT ORDER 112 (SELECTION OF ACTAVIS CASES FOR WORK-UP GROUP 1), signed by the Honorable Matthew F. Kennelly on 4/10/2018. (mk)
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Filing 2437
RESPONSE by Plaintiffs Lamont Godfrey, Paula Godfrey to order,, #2434 CASE MANAGEMENT ORDER NO. 110 ORDER TO SHOW CAUSE PURSUANT TO CMO NO. 85 (Attachments: #1 Exhibit A)(McSweeney, Rhett)
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Filing 2436
RESPONSE by Plaintiffs Scott Farrell, Stephanie Farrell to order,, #2434 ORDER TO SHOW CAUSE PURSUANT TO CMO NO. 85 (Attachments: #1 Exhibit Exhibit A)(McSweeney, Rhett)
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Filing 2435
CASE MANAGEMENT ORDER NO. 111 (Extension of previous stay of Endo, Auxilium & GSK cases), signed by the Honorable Matthew F. Kennelly on 4/9/2018. (mk)
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Filing 2434
CASE MANAGEMENT ORDER NO. 110 ORDER TO SHOW CAUSE PURSUANT TO CMO NO. 85, signed by the Honorable Matthew F. Kennelly on 4/6/2018: As stated in the accompanying order, it is hereby ordered that Plaintiffs identified on Exhibits A and B below shall have twenty-one (21) days to respond to show good cause as to why the Court should not dismiss the Plaintiff's case with prejudice, or impose another appropriate sanction. The Plaintiff's Steering Committee is directed to make best efforts to ensure that this order is brought to the attention of counsel in the identified cases. (mk)
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Filing 2433
NOTICE of Motion by Andrew Keith Solow for presentment of extension of time #2432 before Honorable Matthew F. Kennelly on 4/12/2018 at 09:30 AM. (Solow, Andrew)
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Filing 2432
MOTION by Defendants Auxilium Pharmaceuticals, Inc., Endo Pharmaceuticals Inc., GlaxoSmithKline LLC for extension of time / Joint Motion To Extend Stay of Endo, Auxilium, & GSK Cases (Solow, Andrew)
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Filing 2431
STATUS Report (Joint) Regarding Selection of Actavis Only Cases for Remand Pursuant to CMO No. 102 by Plaintiffs' Steering Committee (Attachments: #1 Exhibit 1)(Smith, Brendan)
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Filing 2430
SUGGESTION of Death as to Marc Breau (Flaherty, Yvonne)
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Filing 2429
STIPULATION of Dismissal William J. Ham (Miracle, Trent)
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Filing 2428
NOTICE by AbbVie Inc., Abbott Laboratories First Amended Notice for Entry of an Order to Show Cause Pursuant to Case Management Order No. 85 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Kim, Mary)
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Filing 2427
RESPONSE by Plaintiff Cheryl Hoholek Plaintiffs' Opposition to Defendants', ABBVIE Inc. and Abbott Laboratories, Inc., First Notice for Entry of an Order to Show Cause Pursuant to Case Management Order No. 85 (Attachments: #1 Exhibit)(Alvarado, Brock)
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Filing 2426
TRANSCRIPT OF PROCEEDINGS held on March 29, 2018 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/24/2018. Redacted Transcript Deadline set for 5/4/2018. Release of Transcript Restriction set for 7/2/2018. (Cox, Carolyn)
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Filing 2425
MOTION by Defendants Besins Healthcare Inc., Besins Healthcare S.A. for summary judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Yeary, Michelle)
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Filing 2424
Amended Master Short Form Complaint by Plaintiffs' Steering Committee (Attachments: #1 Certificate of Service)(Smith, Brendan)
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Filing 2423
MINUTE entry before the Honorable Matthew F. Kennelly: Motion by plaintiff's steering committee for leave to file amended short form complaint #2415 is granted. A fillable PDF of the amended short form complaint to be posted on the MDL 2545 website is to be submitted to Judge Kennelly's proposed order email address. Mailed notice. (pjg, )
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Filing 2422
CASE MANAGEMENT ORDER NO. 109 (Trial time allocation for Myers v. AbbVie bellwether trial), signed by the Honorable Matthew F. Kennelly on 4/1/2018. (mk)
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Filing 2421
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 3/29/2018. All unresolved items on the joint agenda are discussed. Discussion held regarding Auxilium/Endo's pending motions for summary judgment and to bar expert testimony in the two previously-designated bellwether cases. The Court will determine whether it is appropriate to rule on all or parts of the motions. The deadline for the summary judgment motion regarding claims against Besins is extended to 4/3/2018; response and reply deadlines are also extended an additional 3 days. The motion by defendants Anda, Inc., Actavis Pharma, Inc., Actavis Inc. to dismiss with prejudice pursuant to amended case management order no. 9 in Dowdy v. Actavis Inc. et al., case no. 14 C 9319, [dkt. no. 16] is withdrawn. Motion to make addendum to CMO 87 #2397 is taken under advisement. Parties are to discuss the possibility of amending CMO 87 to include the possibility of a sanction when a case is voluntarily dismissed more than a certain number of days after being put on the list. AbbVie's motion to streamline live trial testimony #2400 is denied as to the currently scheduled bellwether trials and taken under advisement as to the Wave 1, Wave 2, and mixed-use trials. The parties are to confer further regarding this motion and are to report back to the Court. By the close of business on 4/4/2018, AbbVie is to submit a draft Order to Show Cause Pursuant to Case Management Order No. 85 consistent with the Court's comments made at the conference. The next case management conferences will be held on 4/25/2018 at 1:30 p.m., 5/31/2018 at 1:30 p.m., and 6/28/2018 at 1:30 p.m. Mailed notice. (pjg, )
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Filing 2420
RESPONSE to Order to Show Cause to notice of filing #2419 (Attachments: #1 Exhibit A, #2 Exhibit B)(Goldstein, Brian)
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Filing 2419
NOTICE by AbbVie Inc., Abbott Laboratories First Notice for Entry of an Order to Show Cause Pursuant to Case Management Order No. 85 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Kim, Mary)
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Filing 2418
MINUTE entry before the Honorable Matthew F. Kennelly: Counsel are to be prepared to start the pre-case management conference settlement and general meetings in chambers at 12:45 PM, though the actual starting time may be a bit after that. (mk)
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Filing 2417
STATUS Report (Joint) for the Marcy 29, 2018 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 2416
Joint Agenda for the March 29, 2018 Case Management Conference by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 2415
MOTION by Plaintiff Plaintiffs' Steering Committee for leave to file Amended Short Form Complaint (Attachments: #1 Exhibit 1)(Smith, Brendan)
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Filing 2414
MINUTE entry before the Honorable Matthew F. Kennelly: At the case management conference set for 3/29/2018, counsel for Auxilium/Endo and the PSC are to be prepared to address certain questions the Court has with regard to the pending motions for summary judgment and to bar expert testimony in the two previously-designated bellwether cases, including: (1) Do the parties expect the Court to rule on all of the motions that have been filed and all of the issues that have been raised in those motions? (2) (a) If the answer to question 1 is no, which motions and/or issues do the parties expect the Court to rule on? (b) If the parties want a ruling only on particular issues that may or may not be necessarily determined in the particular case(s) in which they are argued, how should the Court deal with the typical improvidence of ruling on issues that are unnecessary to a determination of a particular case or motion? (3) If the answer to question 1 is yes, to what extent would rulings on all of the motions and issues presented constitute an advisory opinion given the parties' memorandum of understanding? Counsel should also expect the Court to ask follow-up questions related to these points. (mk)
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Filing 2413
RESPONSE by Plaintiff Plaintiffs' Steering Committee to motion for miscellaneous relief #2400 Plaintiffs' Response to Defendants' Motion to Streamline Live Testimony (Dkt. No. 2400) (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 2412
RESPONSE by Plaintiff Plaintiffs' Steering Committee to memorandum #2397 Plaintiffs' Memorandum in Opposition to AbbVie's Proposed Addendum to CMO 87 (Attachments: #1 Exhibit 1)(Smith, Brendan)
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Filing 2411
STIPULATION (Attachments: #1 Exhibit A, #2 Exhibit B)(Bernick, David)
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Filing 2410
CASE MANAGEMENT ORDER NO. 108 (Timeline for Pre-Trial Materials for CMO 75 and CMO 87 Wave 1 and 2 Cases), signed by the Honorable Matthew F. Kennelly on 3/21/2018. (mk)
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Filing 2409
MINUTE entry before the Honorable Matthew F. Kennelly: AbbVie's request to excuse its designated in-house counsel from attending the settlement-related meeting at the case management conference on 3/29/2018 is granted because AbbVie has not made a prior request of this type. AbbVie is advised that no further such requests will be entertained, as the Court has previously advised. (mk)
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Filing 2408
Request by Designated In-House Counsel for the Abbvie Defendants to be Excused From Attendance at the In Camera Settlement-Related Meeting on March 29, 2018 by Solvay Pharmaceuticals, Inc., Unimed Pharmaceuticals, LLC, AbbVie Inc., Abbott Laboratories, Abbott Products, Inc. (Cavanaugh, William)
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Filing 2407
CASE MANAGEMENT ORDER NO. 107 (Order on defendants' motion to compel spoliation discovery from plaintiff), signed by the Honorable Matthew F. Kennelly on 3/15/2018. (mk)
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Filing 2406
CASE MANAGEMENT ORDER NO. 106 (Order on plaintiff's motion to compel regarding promotional expenditures and memberships/sponsorships in Med. Mut. of Ohio v. AbbVie), signed by the Honorable Matthew F. Kennelly on 3/15/2018: The order issued late yesterday under an incorrect case management order number (105) is re-entered under the correct number (106). (mk)
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Filing 2405
CASE MANAGEMENT ORDER NO. 105 (Order on plaintiff's motion to compel regarding promotional expenditures and memberships/sponsorships in Med. Mut. of Ohio v. AbbVie), signed by the Honorable Matthew F. Kennelly on 3/14/2018. (mk)
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Filing 2404
CASE MANAGEMENT ORDER NO. 105 (Memorandum Opinion and Order on plaintiff's motion to exclude cumulative expert testimony in Mitchell v. AbbVie, No. 14 C 9178), signed by the Honorable Matthew F. Kennelly on March 14, 2018. (mk)
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Filing 2403
CASE MANAGEMENT ORDER NO. 104 (Memorandum Opinion and Order on defendants' motion for order that plaintiff may not claw back documents in Med. Mutual of Ohio v. AbbVie Inc., No. 14 C 8857), signed by the Honorable Matthew F. Kennelly on 3/14/2018. (mk)
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Filing 2402
MINUTE entry before the Honorable Matthew F. Kennelly: The plaintiffs' steering committee is directed to file, by 3/23/2018, a response to defendants' motion to streamline live trial testimony (dkt. no. 2400). The response should include comment on the possibility of conducting a new video deposition of the subject witnesses to be used for trial purposes, rather than relying on prior deposition testimony. (mk)
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Filing 2401
MINUTE entry before the Honorable Matthew F. Kennelly: The plaintiffs' steering committee is directed to file, by 3/23/2018, a response to AbbVie's request for a modification to Case Management Order 87 (see dkt. no. 2397). (mk)
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Filing 2400
MOTION to Streamline Live Trial Testimony by AbbVie Inc., Abbott Laboratories (Attachments: #1 Text of Proposed Order)(Yeary, Michelle) Docket text modified on 3/13/2018 (ags, ).
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Filing 2399
CASE MANAGEMENT ORDER NO. 103 (Clarification of stay of Endo, Auxilium & GSK cases), signed by the Honorable Matthew F. Kennelly on 3/12/2018. (mk)
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Filing 2398
NOTICE of Motion by Michelle H. Yeary for presentment of before Honorable Matthew F. Kennelly on 3/29/2018 at 01:30 PM. (Yeary, Michelle)
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Filing 2397
MEMORANDUM by AbbVie Inc., Abbott Laboratories in Support of Proposed Addendum to Case Management Order No. 87 (Attachments: #1 Exhibit A - Proposed CMO 87A)(Yeary, Michelle)
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Filing 2396
CASE MANAGEMENT ORDER # 102 (SELECTION AND WORK-UP OF ACTAVIS CASES), signed by the Honorable Matthew F. Kennelly on 3/11/2018. (mk)
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Filing 2395
MINUTE entry before the Honorable Matthew F. Kennelly: Final pretrial conference in August 2018 Actavis bellwether trial is set for 8/2/2018 at 3:30 PM. (mk)
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Filing 2394
CASE MANAGEMENT ORDER NO. 101 (Timeline for Pre-Trial Materials and Conferences for Existing Bellwether Cases), signed by the Honorable Matthew F. Kennelly on 3/11/2018. (mk)
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Filing 2393
MINUTE entry before the Honorable Matthew F. Kennelly: The Clerk is directed to remove the image of #2392 from the docket because plaintiff's profile forms are not to be filed on the record but rather are to be served upon opposing counsel. Mailed notice. (pjg, )
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Filing 2392
Removed per court order dated 03/08/2018 . (Alvarado, Brock) (Main Document 2392 replaced on 3/8/2018) (jjr, ). Modified on 3/8/2018 (jjr, ).
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Filing 2391
MINUTE entry before the Honorable Matthew F. Kennelly: Actavis's request to excuse its corporate representative from the settlement meeting connected with the 3/29/2018 case management conference is granted. Consistent with the Court's prior admonitions, this represents Actavis's one and only excuse; in other words, no further requests for excuse will be entertained. The in-house representative is to be available by telephone as offered. (mk)
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Filing 2390
Request by Anda, Inc., Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc. for Designated In-House Counsel to be Excused from In Person Attendance at the March 29, 2018 Case Management Conference (Geoppinger, Jeffrey)
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Filing 2389
SEALED DOCUMENT by Plaintiff Plaintiff's Steering Committee Related to Dkt. No. 2388 (Attachments: #1 Exhibit C)(Rafferty, Troy)
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Filing 2388
NOTICE by Plaintiff's Steering Committee of Filing of Deposition Designations (Canzler) (Attachments: #1 Exhibit A, #2 Exhibit B)(Rafferty, Troy)
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Filing 2387
SEALED DOCUMENT by Plaintiff Plaintiff's Steering Committee Related to Dkt. No. 2386 (Attachments: #1 Exhibit C, #2 Exhibit D)(Rafferty, Troy)
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Filing 2386
NOTICE by Plaintiff's Steering Committee of Filing of Deposition Designations (Comer) (Attachments: #1 Exhibit A, #2 Exhibit B)(Rafferty, Troy)
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Filing 2385
CASE MANAGEMENT ORDER NO. 100 ORDER OF DISMISSAL WITH RESPECT TO PFIZER DEFENDANTS AND ANY OTHER NON-DIVERSE DEFENDANTS FOR CASES REMANDED BY U.S. COURT OF APPEALS FOR THE SEVENTH CIRCUIT, signed by the Honorable Matthew F. Kennelly on 3/2/2018. (mk)
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Filing 2384
MINUTE entry before the Honorable Matthew F. Kennelly: Motion of plaintiff Loria Robinson to substitute party #2382 is granted. For future reference, motions like this that involve only a single case within the MDL should be filed in that case only, not under the main MDL case number. (mk)
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Filing 2383
MINUTE entry before the Honorable Matthew F. Kennelly: The motions by plaintiffs' attorney to withdraw from representation #2213 and #2264 are denied without prejudice. The sealed affidavits filed with the motions appear to reflect that Plaintiffs have engaged in a continuing failure to prosecute their case or that good cause exists for Plaintiffs' counsel's withdrawal. Plaintiffs are ordered to show cause in writing by 3/22/2018 why their case should not be dismissed for want of prosecution. Plaintiffs' counsel is directed to promptly send a copy of this order to all Plaintiffs listed on the motions and to certify to the Court that he has done so. Mailed notice. (pjg, )
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Filing 2382
MOTION by Plaintiff Loria Robinson to substitute party (Attachments: #1 Text of Proposed Order)(Kelly, Clinton)
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Filing 2381
SUGGESTION of Death as to Plaintiff Loria Robinson (Kelly, Clinton)
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Filing 2380
JOINT NOTICE of Motion by Matthew Aaron Holian for presentment of (Holian, Matthew)
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Filing 2379
MOTION by Defendants Pfizer Inc., Pharmacia & Upjohn Company LLC, Pfizer Inc., Pharmacia & Upjohn Company LLC to dismiss Joint Motion for Dismissal of Cases Remanded by U.S. Court of Appeals for Seventh Circuit on Jurisdictional Grounds (Holian, Matthew)
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Filing 2378
CASE MANAGEMENT ORDER NO. 99 (Scope of new trial in Mitchell v. AbbVie;rulings on Mitchell motions in limine; trial time allocation for Mitchell retrial), signed by the Honorable Matthew F. Kennelly on 2/24/2018. (mk)
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Filing 2377
CASE MANAGEMENT ORDER NO. 98 (stay of Endo, Auxilium & GSK cases), signed by the Honorable Matthew F. Kennelly on 2/23/2018. (mk)
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Filing 2376
STATUS Report Plaintiffs' Status Report Regarding Lexecon Waivers for CMO 75 Mixed Use Cases and CMO 87 Trial Group 1 and 2 Cases by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A)(Smith, Brendan)
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Filing 2375
SEALED DOCUMENT by Plaintiff Plaintiffs' Steering Committee re: Mitchell, 14-cv-9178, Dkt. No. 121 (Omnibus Motion in Limine Response) (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 8)(Smith, Brendan)
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Filing 2374
RESPONSE by Plaintiff Jesse Mitchell to AbbVie's Submission on Whether a New Trial is Required on All Claims (Rafferty, Troy)
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Filing 2373
STATUS Report (Joint) Regarding Pretrial Matters for Scheduled Bellwether Trials and CMO 75 and 87 Cases by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 2372
NOTICE by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc., Anda, Inc. of Filing Proposed Case Management Order for the Selection and Work-Up of Actavis Cases (Attachments: #1 Exhibit A - Proposed CMO)(Geoppinger, Jeffrey)
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Filing 2371
MINUTE entry before the Honorable Matthew F. Kennelly: The joint motion for extension of time #2368 is denied due to the lack of sufficient notice under this District's rules. The Court also advises that the parties in this case cannot expect to run right up to a deadline, file a motion to extend on the eve of the deadline, and get an extension as a matter of course. (mk)
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Filing 2370
STATUS Report / JOINT STATUS REPORT REGARDING THE SECOND AUXILIUM BELLWETHER TRIAL CASE by Auxilium Pharmaceuticals, Inc. (Solow, Andrew)
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Filing 2369
NOTICE of Motion by Michelle H. Yeary for presentment of extension of time #2368 before Honorable Matthew F. Kennelly on 2/15/2018 at 09:30 AM. (Yeary, Michelle)
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Filing 2368
MOTION by Defendants AbbVie Inc., Abbott Laboratories for extension of time Joint Motion for an Extension of Time for the Parties to File Their Proposed Case Management Orders (Yeary, Michelle)
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Filing 2367
MANDATE of USCA dated 2/12/2018 regarding notice of appeal #1934 ;USCA No.17-2056 ; Entire record returned consisting of 5 vol. (ags, )
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Filing 2366
MEMORANDUM by AbbVie Inc., Abbott Laboratories in Response to the Court's Order to Show Cause on Why This Case Does not Require a New Trial on All Claims (Yeary, Michelle)
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Filing 2365
NOTICE by Actavis Inc., Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Anda, Inc. of Filing of Joint List of Pending Cases Involving Actavis Defendants Venued for Trial in the Seventh Circuit (Attachments: #1 Exhibit A - Cases Venued in the Seventh Circuit)(Geoppinger, Jeffrey)
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Filing 2364
USCA JUDGMENT dated 1/19/2018 regarding notice of appeal #1934 ; USCA No. 17-2056. The district court's decisions with respect to both the defendants' preemption defense and the denial of discovery on the preemption defense are AFFIRMED. Due to a lack of complete diversity of citizenship, the final judgments or partial final judgments entered by the district court in the cases listed below are VACATED and REMANDED for proceedings. (ags, )
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Filing 2363
NONPRECEDENTIAL DISPOSITION from the USCA for the 7th Circuit; Argued 10/23/2017; Decided 1/19/2018 in USCA case no. 17-2056 (ags, )
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Filing 2362
CERTIFIED copy of order dated 1/19/2018 from the 7th Circuit regarding notice of appeal #1934 ; Appellate case no. : 17-2056. Accordingly, due to a lack of complete diversity of citizenship, the final judgments or partial final judgments entered by the district court in the cases listed below are VACATED and REMANDED for proceedings consistent with this order and the accompanying opinion issued in this appeal, No. 17-2056. (ags, )
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Filing 2361
MANDATE of USCA dated 2/12/2018 regarding notice of appeal #1934 ;USCA No.17-2056 ; Record to be returned at a later date. (ags, )
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Filing 2360
TRANSCRIPT OF PROCEEDINGS held on February 1, 2018 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/28/2018. Redacted Transcript Deadline set for 3/12/2018. Release of Transcript Restriction set for 5/8/2018. (Cox, Carolyn)
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Filing 2359
MINUTE entry before the Honorable Matthew F. Kennelly: As requested at the recent case management conference, the stay of proceedings as to the Lilly defendants is extended to and including 3/31/2018. (mk)
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Filing 2358
ATTORNEY Appearance for Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc., Anda, Inc. by John R Ipsaro (Ipsaro, John)
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Filing 2355
Final Text CASE MANAGEMENT ORDER # 97 (extending non-expert generic fact discovery deadline for Testopel, Striant, and Delatestryl), signed by the Honorable Matthew F. Kennelly on 2/2/2018. The Court notes that this order was submitted by agreement of the plaintiffs' steering committee and counsel for defendants Auxilium and Endo. (mk)
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Filing 2357
CASE MANAGEMENT ORDER NO. 96 - Order of dismissal as to case naming Pfizer Inc. and Pharmacia & Upjohn Company LLC only pursuant to Case Management Order No. 19B (amended) signed by the Honorable Matthew F. Kennelly on 2/1/2018. (pjg, )
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Filing 2356
CASE MANAGEMENT ORDER NO. 95 - Order of dismissal as to the cases naming Pfizer Inc., Pharmacia & Upjohn Company LLC, and additional co-defendants pursuant to Case Management Order No. 19B (Amended) signed by the Honorable Matthew F. Kennelly on 2/1/2018. (pjg, )
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Filing 2354
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 2/1/2018. All unresolved items on the joint agenda are discussed. (1a, c, d) The parties are to confer and submit proposed case management orders for the following by 2/16/2018: the submission of pretrial materials (motions in limine, deposition designations and objections, exhibit designations and objections, jury instructions, and voir dire questions) in existing bellwether cases; the submission of pretrial materials for the CMO 75 cases and the CMO 87 "group 1" and "group 2" cases; a plan to select and work up 100 Actavis cases for all pretrial purposes. The parties are also to discuss and submit, for inclusion in the anticipated pretrial materials case management orders, proposals regarding supplementation of expert reports and any other recurring trial-related issues. In addition, a joint list of all pending Actavis cases that would be venued for trial within this District or elsewhere within this Circuit is to be submitted by 2/12/2018, and the Court will schedule a conference call thereafter to discuss the possibility of adding such cases to the CMO "group 1" and "group 2" schedules. (1b) The parties are to work promptly to address the potential subject matter jurisdiction issues identified by the court of appeals and are also to immediately prepare a revised draft short form complaint form identifying the citizenship of the plaintiff and each defendant to replace the current form. (1c) Summary judgment motion regarding claims against Besins is due by 3/30/2018; response is due by 4/20/2018; reply is due by 4/30/2018. These submissions should include identification of any cases under CMO 75 and CMO 87 group 1 in which Besins is a defendant. (1g) The Court also addressed disputed points in the joint status report regarding dismissals of cases designated under CMO 75 and CMO 87; depositions of district and regional sales managers; and obtaining medical records on plaintiffs in cases designated under CMO 75 and CMO 87. Finally, the case management conferences set for 2/15/2018 and 3/22/2018 are vacated. The next case management conference will be held on 3/29/2018 at 1:30 pm. Mailed notice. (pjg, )
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Filing 2353
ATTORNEY Appearance for Plaintiffs Jeffrey Ard, Michael D Bourgeois, Michael J. Cullen, Francis M. Dennewitz, Josiane Lafortune DesMarais, Ronald W Dodge, Gary Esolen, Robert Faubion, William Grizzell, Bill Earl Jenkins, Nita E. Jenkins, Anthony Lafortune, Dennis M Martin, Janice M Martin, Floyd E Mason, Jr, Terry E. Mason, Thomas Michael Meagher, Timothy E Miles, Joseph E Nich, Susan Nich, Matthew W Ormsby, William Pauling, Larry Polk, David Ray Poston, Kathy Poston, Brian D Tolbert, Craig L Tribken by Mikalia Kott (Kott, Mikalia)
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Filing 2352
ATTORNEY Appearance for Plaintiff Michael Gary McKee by Soren E. Gisleson (Gisleson, Soren)
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Filing 2351
ATTORNEY Appearance for Plaintiffs Jeffrey Ard, Michael D Bourgeois, Michael J. Cullen, Francis M. Dennewitz, Josiane Lafortune DesMarais, Robert Faubion, Bill Earl Jenkins, Nita E. Jenkins, Anthony Lafortune, Dennis M Martin, Janice M Martin, Floyd E Mason, Jr, Terry E. Mason, Timothy E Miles, Joseph E Nich, Susan Nich, Matthew W Ormsby, William Pauling, Larry Polk, David Ray Poston, Kathy Poston, Brian D Tolbert, Craig L Tribken by Soren E. Gisleson (Gisleson, Soren)
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Filing 2350
MINUTE entry before the Honorable Matthew F. Kennelly: This entry concerns the case management conference and related meetings set for 2/1/2018. The Court is in the middle of a criminal jury trial and thus will have limited in-court time available on 2/1/2018. For this reason: (1) The monthly settlement meetings will start in chambers at 12:30 PM rather than 1:00 PM. The Court will meet with the PSC and Lilly representatives first and then will have separate meetings with the representatives of the PSC, AbbVie, Auxilium/Endo, and Actavis. The PSC and Lilly representatives should come straight to chambers at 12:30 PM, and all others should be waiting in the courtroom. (2) Following the conclusion of the settlement meetings, if time is available, the Court will hold the usual pre-case management conference meeting with lead counsel and others who wish to be present (to the extent space permits). At this meeting, the Court intends to discuss, informally, scheduling and case management-related matters concerning the CMO 75 and CMO 87 cases and other bellwether trials; CMOs concerning trial demonstratives and supplementation of expert reports; issues regarding the monthly dismissal lists (items 1a, 1c, 1d, and 1e on the agenda for the case management conference). (3) The Court does not intend to hear argument on any of the discovery-related motions in the Medical Mutual case (items 2a, 2b, and 2c) and will separately set briefing schedules on the two recently-filed motions that have not yet been briefed. (4) The Court will not have time to hear argument on the Konrad case at the conference but reserves the right to set it for brief argument sometime next week. The Court also advises that if it ends up granting a new trial on some or all claims in the Konrad case, it reserves the right to substitute that case for the Mitchell case in the March 7 trial slot. (5) Counsel should be prepared to address in open court agenda items 1b (subject matter jurisdiction issues), 1e (Besins), and 1g (other matters that have come to counsel's attention), as well as any of the above-listed items to be discussed at the pre-conference meeting that merit discussion in open court. (mk)
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Filing 2349
MEMORANDUM by Jeffrey Konrad Plaintiff's Supplemental Memorandum of Law in Opposition to Abbvie's Renewed Motion for Judgment as a Matter of Law, or Alternatively for a New Trial or Remittitur (Buchanan, David)
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Filing 2348
STATUS Report (Joint) for the February 1, 2018 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Smith, Brendan)
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Filing 2347
Joint Agenda for the February 1, 2018 Case Management Conference by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 2346
MEMORANDUM by AbbVie, Inc., Abbott Laboratories in Further Support of Defendants' Renewed Motion for Judgment as a Matter of Law, or Alternatively for a New Trial or Remittitur (Yeary, Michelle)
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Filing 2345
NOTICE by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc., Anda, Inc. re other #2337 of Withdrawal of Request by Designated In-House Counsel for Actavis Defendants to be Excused from In-Person Attendance at the In-Camera Settlement-Related Meeting on February 1, 2018 (Geoppinger, Jeffrey)
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Filing 2344
JOINT NOTICE of Motion by Matthew Aaron Holian for presentment of (Holian, Matthew)
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Filing 2343
MOTION by Defendants Pfizer Inc., Pharmacia & Upjohn Company LLC, Pfizer Inc., Pharmacia & Upjohn Company LLC to dismiss Joint Motion for Dismissal and Entry of Final Judgment and Partial Final Judgment Pursuant to Amended CMO 19B (Holian, Matthew)
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Filing 2342
CORRECTED CASE MANAGEMENT ORDER # 87 (TRIAL SELECTION PLAN AND SCHEDULE), signed by the Honorable Matthew F. Kennelly on 1/23/2018: This corrected order corrects a date error (see Par. IV.B.8) as well as a formatting error. (mk)
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Filing 2339
MINUTE entry before the Honorable Matthew F. Kennelly: The parties are directed to confer and include in the status report for the 2/1/2018 case management conference a proposal for dealing with the subject matter jurisdiction issue identified in the Guilbeau v. Pfizer appeal, both with respect to the cases identified in that appeal and with respect to other cases in the MDL proceeding. (mk)
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Filing 2341
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #2338 sent to Attorney David Michael Melancon returned as: Unknown Address Error. Mailed to attorney David Michael Melancon a letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 2340
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #2338 sent to Attorney Corey G. Lorenz returned as: Unknown Address Error. The Clerk telephoned Corey G. Lorenz, no contact made. Document Mailed to attorney Corey G. Lorenz a letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 2338
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held including lead counsel for all parties. The conference involved a discussion of the next phase of the litigation, in particular pretrial proceedings and trials in the mixed-use cases addressed in CMO 75 and the "group 1" and "group 2" cases addressed in CMO 87. The Court directs each party to set forth, in the joint status report due in advance of the 2/1/2018 case management conference, its position regarding application of Lexecon / waivers of Lexecon for these cases. In addition, the Court advised that the start date for the Mitchell retrial likely will be 3/7/2018, not 3/5/2018. (mk)
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Filing 2337
Request by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc., Anda Inc. for Designated In-House Counsel to be Excused from In Person Attendance at the February 1, 2018 Case Management Conference (Geoppinger, Jeffrey)
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Filing 2336
STATUS Report (Joint) for the January 19, 2018 Preliminary Case Management Conference by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 2335
MINUTE entry before the Honorable Matthew F. Kennelly: After reviewing the parties' submissions regarding the selection of the first Actavis bellwether trial case, the Court selects the Martin case (15-cv-4292) as the case to be tried on the currently scheduled date of 8/6/2018, with the Brubaker case (15-cv-426) as the backup case. (mk)
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Filing 2334
ATTORNEY Appearance for Defendants AbbVie Inc., Abbott Laboratories by Alicia Donahue (Donahue, Alicia)
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Filing 2333
ATTORNEY Appearance for Defendants AbbVie Inc., Abbott Laboratories by Sean P Wajert (Wajert, Sean)
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Filing 2332
MINUTE entry before the Honorable Matthew F. Kennelly: In preparation for the telephone conference set for 1/19/2018, lead counsel are directed to provide the Court, by 1:00 pm on 1/18/2017, a brief status report that identifies the mixed-use bellwether discovery cases selected pursuant to CMO 75 and the cases selected for Group 1 pursuant to CMO 87. (mk)
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Filing 2331
MINUTE entry before the Honorable Matthew F. Kennelly: In preparation for the telephone conference set for 1/19/2018, lead counsel are directed to provide the Court, by 1:00 pm on 1/18/2017, a brief status report that identifies the mixed-use bellwether discovery cases selected pursuant to CMO 75 and the cases selected for Group 1 pursuant to CMO 87. (mk)
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Filing 2330
NOTICE of Voluntary Dismissal by Dale LeCompte, Felesia N. LeCompte (Pope, Neal)
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Filing 2329
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the case management conference set for 1/25/2018 is vacated and reset to 2/1/2018 at 1:30 pm, to avoid undue interference with timely completion of the Nolte v. AbbVie bellwether trial. The hearings on all motions noticed for presentment or argument at the case management conference are continued to 2/1/2018 at 1:30 pm. A preliminary case management conference, to be conducted by telephone, is set for 1/19/2018 at 8:15 am. The plaintiffs' steering committee is directed to set up a call-in number and advise the court and other participating counsel. Lead counsel are to participate in the 1/19/2018 preliminary case management conference, along with any other attorneys that lead counsel believe appropriate to include (including in-house counsel if they wish). The primary topic for the preliminary case management conference will be to discuss scheduling of post-summary judgment pretrial matters in the additional bellwether trial cases to be selected pursuant to Case Management Order 87. Mailed notice. (pjg, )
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Filing 2328
MINUTE entry before the Honorable Matthew F. Kennelly: The Lilly-related final pretrial conference set for 1/25/2018 is vacated, and the Lilly-related motions noticed for presentment on 1/25/2018 are terminated without prejudice in light of the vacating of the 1/29/2018 Lilly bellwether trial. (mk)
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Filing 2327
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw as attorney #2321 is granted. Attorney Jason P. Britt terminated. The 1/10/2018 motion hearing is vacated. Mailed notice. (pjg, )
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Filing 2326
CASE MANAGEMENT ORDER NO. 94 (rulings on motions in limine in Nolte v. AbbVie, Inc. et al., Case No. 14 C 8135), signed by the Honorable Matthew F. Kennelly on 1/6/2018. (mk)
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Filing 2325
SEALED DOCUMENT by Defendants AbbVie, Inc., Abbott Laboratories Exhibit A to Defendants' Supplemental Brief in Support of Their Motion in Limine No. 10 - Nolte v. AbbVie 14-cv-8135 (Yeary, Michelle)
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Filing 2324
MOTION by Defendants AbbVie, Inc., Abbott Laboratoriesin limine Defendants' Supplemental Brief in Support of Their Motion in Limine No. 10 - Nolte v. AbbVie 14-cv-8135 (Attachments: #1 Exhibit A - Under Seal, #2 Exhibit B)(Yeary, Michelle)
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Filing 2323
ATTORNEY Appearance for Defendants Besins Healthcare Inc., Besins Healthcare S.A. by Peter James O'meara (O'meara, Peter)
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Filing 2322
NOTICE of Motion by Jason P. Britt for presentment of motion to withdraw as attorney #2321 before Honorable Matthew F. Kennelly on 1/10/2018 at 09:30 AM. (Britt, Jason)
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Filing 2321
MOTION by Attorney Jason P. Britt to withdraw as attorney for Besins Healthcare Inc., Besins Healthcare S.A.. No party information provided (Attachments: #1 Exhibit)(Britt, Jason)
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Filing 2320
Actavis Defendants' Proposal Regarding Selection of the Actavis-Only Bellwether Trial Case for the August 6, 2018 Trial Setting by Actavis Inc., Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Anda Inc. (Geoppinger, Jeffrey)
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Filing 2319
Brief Regarding the Sequence of the Actavis Bellwether Trials by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 2318
REPLY by Defendants AbbVie Inc., Abbott Laboratories to motion for judgment #2231 Reply Memorandum in Further Support of Defendants' Renewed Motion for Judgment as a Matter of Law, or Alternatively for a New Trial or Remittitur (Attachments: #1 Exhibit 1)(Yeary, Michelle)
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Filing 2317
CASE MANAGEMENT ORDER NO. 92 (Memorandum Opinion and Order on post-trialmotions in Mitchell v. AbbVie, No. 14 C 9178) Signed by the Honorable Matthew F. Kennelly on 12/22/2017: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants in part and denies in part AbbVie's motion to strike the punitive damages award and for entry of judgment as a matter of law [dkt. no. 92], and grants in part and denies in part Mitchell's motion to amend the judgment or in the alternative for a new trial [dkt. no. 93]. The Court vacates the judgment in part, specifically the finding entered in favor of Mitchell on the claim for fraudulent misrepresentation and the award of punitive damages. The Court orders a new trial on Mitchell's claim for fraudulent misrepresentation, including damages relating to that claim. The trial is set for March 5, 2018 at 9:45 a.m. The final pretrial conference is set for February 28, 2018 at 3:30 p.m. (mk)
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Filing 2316
SEALED DOCUMENT by Defendants AbbVie Inc., Abbott Laboratories Defendants' Omnibus Memorandum Supporting Their Motions in Limine to Exclude Evidence for the Nolte, 1:14-cv-08135 case (Attachments: #1 Exhibit 6052, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit F, #7 Exhibit G)(Yeary, Michelle)
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Filing 2315
MOTION by Defendants AbbVie Inc., Abbott Laboratoriesin limine Defendants' Omnibus Memorandum Supporting Their Motions in Limine to Exclude Evidence for the Nolte, 1:14-cv-08135 case (Attachments: #1 Exhibit 60, #2 Exhibit 71, #3 Exhibit 75, #4 Exhibit 112, #5 Exhibit 154, #6 Exhibit 250, #7 Exhibit 270, #8 Exhibit 271, #9 Exhibit 272, #10 Exhibit 304, #11 Exhibit 306, #12 Exhibit 307, #13 Exhibit 308, #14 Exhibit 309, #15 Exhibit 310, #16 Exhibit 311, #17 Exhibit 312, #18 Exhibit 313, #19 Exhibit 314, #20 Exhibit 315, #21 Exhibit 324, #22 Exhibit 887, #23 Exhibit 888, #24 Exhibit 925, #25 Exhibit 1025, #26 Exhibit 3104, #27 Exhibit 3132, #28 Exhibit 3270, #29 Exhibit 6051 - Under Seal, #30 Exhibit 6052 - Under Seal, #31 Exhibit A - Under Seal, #32 Exhibit B - Under Seal, #33 Exhibit C - Under Seal, #34 Exhibit D - Under Seal, #35 Exhibit E, #36 Exhibit F - Under Seal, #37 Exhibit G - Under Seal, #38 Exhibit H, #39 Exhibit I, #40 Exhibit J)(Yeary, Michelle)
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Filing 2314
SEALED DOCUMENT by Plaintiff Plaintiffs' Steering Committee re: Omnibus Motion in Limine for the Nolte, 1:14-cv-08135 case (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Exhibit 13, #12 Exhibit 14, #13 Exhibit 15)(Miracle, Trent)
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Filing 2313
CASE MANAGEMENT ORDER NO. 92 (settlement of Eli Lilly cases), signed by the Honorable Matthew F. Kennelly on 12/21/2017. (mk)
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Filing 2312
MINUTE entry before the Honorable Matthew F. Kennelly: This order applies to Nolte v. AbbVie, Inc., No. 1:14-cv-8135. Joint motion for leave to file excess pages #22 is granted; each side may file motions in limine totaling 25 pages in the aggregate and responses totaling 25 pages in the aggregate. (mk)
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Filing 2311
CASE MANAGEMENT ORDER NO. 91 - ORDER OF DISMISSAL AS TO CASE NAMING PFIZER INC. AND PHARMACIA & UPJOHN COMPANY LLC ONLY PURSUANT TO CASE MANAGEMENT ORDER NO. 19B (AMENDED) signed by the Honorable Matthew F. Kennelly on 12/17/2017. Motion to dismiss #2288 is granted and the 12/19/2017 motion hearing is vacated. Mailed notice. (pjg, )
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Filing 2310
NOTICE of Motion by Michelle H. Yeary for presentment of motion for leave to file excess pages #2309 before Honorable Matthew F. Kennelly on 12/21/2017 at 09:30 AM. (Yeary, Michelle)
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Filing 2309
MOTION by Defendants AbbVie Inc., Abbott Laboratories for leave to file excess pages (Yeary, Michelle)
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Filing 2308
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 12/15/2017. Motions to withdraw #2213 and #2264 are entered and continued to the 1/25/2018 case management conference. Plaintiff's Steering Committee, in consultation with defendants, is directed to submit a proposal on how such motions should be addressed going forward. Plaintiff's Steering Committee shall communicate with Judge Kennelly's courtroom deputy to ensure the correct new short form and combined short form complaints are added to the Court's web page. A joint status report regarding the 1/25/2018 conference shall be filed by 1/16/2018. Additional case management conferences set for 2/15/2018 at 1:30 p.m and 3/22/2018 at 1:30 p.m. Mailed notice. (pjg, )
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Filing 2307
ORDER: Motion to withdraw #2294 (filed in lead case 14 C 1748) is granted. Attorney Michael D. Lurie is withdrawn as attorney of record for plaintiffs on all cases on Exhibit A attached hereto. The Clerk is directed to enter this order in case no. 14 C 1748 and all cases listed on Exhibit A. The Clerk is further directed to terminate Attorney Michael D. Lurie as counsel for plaintiffs in case no. 14 C 1748 and all cases included in Exhibit A. Signed by the Honorable Matthew F. Kennelly on 12/15/2017. Mailed notice (rp, )
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Filing 2306
CASE MANAGEMENT ORDER NO. 90 (Pending motions to compel in Medical Mutual case), signed by the Honorable Matthew F. Kennelly on 12/14/2017. (mk)
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Filing 2305
Joint Agenda for the December 15, 2017 Case Management Conference by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 2304
STATUS Report (Joint) for the December 15, 2017 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Smith, Brendan)
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Filing 2303
CASE MANAGEMENT ORDER NO. 89 (Allocation of trial time for January 8, 2018 AbbVie bellwether trial), signed by the Honorable Matthew F. Kennelly on 12/13/2017. (mk)
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Filing 2302
CASE MANAGEMENT ORDER # 88 (Order Selecting Actavis Bellwether Trial Cases Pursuant to CMO No. 37), signed by the Honorable Matthew F. Kennelly on 12/13/2017. The parties should note that their submissions are due within 9 days of today's day, i.e., by 12/22/2017. (mk)
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Filing 2301
MINUTE entry before the Honorable Matthew F. Kennelly: The request by Lilly's settlement counsel and corporate representative to participate by telephone on 12/15/2017 is granted, but as previously advised this is the one and only such request that the Court will grant for the Lilly defendants. (mk)
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Filing 2300
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #2298 , #2299 sent to Attorney Jason L Drori returned as: Other mail system problem. The Clerk telephoned Jason L Drori, no contact made. Mailed to attorney Jason L Drori a letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (jk, )
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Filing 2299
REQUEST BY REPRESENTATIVES OF ELI LILLY DEFENDANTS TO PARTICIPATE IN IN CAMERA SETTLEMENT HEARING BY TELEPHONE by Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Eli Lilly and Company (Stanley, David)
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Filing 2298
CASE MANAGEMENT ORDER # 87 (TRIAL SELECTION PLAN AND SCHEDULE), signed by the Honorable Matthew F. Kennelly on 12/11/2017. (mk)
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Filing 2297
CASE MANAGEMENT ORDER NO. 86 (Supplemental trial selection plan), signed by the Honorable Matthew F. Kennelly on 12/10/2017. The parties are directed to submit a proposed case management order, following the Court's earlier directives and those set forth in the present order, by 4:00 p.m. on 12/11/2017. (mk)
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Filing 2296
STATUS Report (Joint) Regarding Selection of Actavis-Only Bellwether Trial Cases Pursuant to CMO No. 37 by Actavis Inc., Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Anda, Inc. (Attachments: #1 Exhibit A - Proposed CMO)(Geoppinger, Jeffrey)
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Filing 2295
CASE MANAGEMENT ORDER NO. 85 (Supplemental Plaintiff Profile Form - PPF), signed by the Honorable Matthew F. Kennelly on 12/8/2017. (mk)
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Filing 2294
MOTION by Attorney Michael D Lurie to withdraw as attorney for Brian DeMatteo. No party information provided (Attachments: #1 Exhibit A, #2 Notice of Filing)(Lurie, Michael)
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Filing 2293
CASE MANAGEMENT ORDER NO. 84 (Enhancements to plaintiffs' fact sheets; modifications to process for dealing with deficiencies), signed by the Honorable Matthew F. Kennelly on 12/8/2017. (mk)
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Filing 2292
STATUS Report (Joint) Regarding Enhanced Plaintiff Fact Sheets and Selection of Additional Bellwether Cases by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Smith, Brendan)
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Filing 2291
ATTORNEY Appearance for Defendant Eli Lilly and Company by Jennifer Lynn Saulino (Saulino, Jennifer)
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Filing 2290
ATTORNEY Appearance for Defendant Eli Lilly and Company by Michael X Imbroscio (Imbroscio, Michael)
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Filing 2289
JOINT NOTICE of Motion by Matthew Aaron Holian for presentment of motion to dismiss #2288 before Honorable Matthew F. Kennelly on 12/19/2017 at 09:30 AM. (Holian, Matthew)
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Filing 2288
MOTION by Defendants Pfizer Inc., Pharmacia & Upjohn Company LLC, Pfizer Inc., Pharmacia & Upjohn Company LLC to dismiss Joint Motion for Dismissal and Entry of Final Judgment Pursuant to Amended CMO 19B (Holian, Matthew)
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Filing 2287
ATTORNEY Appearance for Defendant AbbVie Inc. by Zachary D Holmstead (Holmstead, Zachary)
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Filing 2286
ATTORNEY Appearance for Defendant AbbVie Inc. by Rebecca Cauley Fitzpatrick (Fitzpatrick, Rebecca)
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Filing 2285
ATTORNEY Appearance for Defendant AbbVie Inc. by Hariklia Karis (Karis, Hariklia)
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Filing 2284
ATTORNEY Appearance for Defendant AbbVie Inc. by James F. Hurst (Hurst, James)
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Filing 2283
RESPONSE by Jeffrey Konradin Opposition to MOTION for judgment as a Matter of Law, or Alternatively for a New Trial or Remittitur, and Memorandum in Support #2231 (Attachments: #1 Notice of Filing Exhibit List)(Buchanan, David)
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Filing 2281
TRANSCRIPT OF PROCEEDINGS held on November 30, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/22/2017. Redacted Transcript Deadline set for 1/2/2018. Release of Transcript Restriction set for 3/1/2018. (Cox, Carolyn)
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Filing 2282
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 11/30/2017. (1) All unresolved items on the joint status report discussed. (2) The parties are to confer and submit, by 12/6/2017, draft orders regarding enhanced plaintiff's fact sheets and selection of additional bellwether cases, consistent with the Courts comments in chambers and in open court. This includes a schedule for pretrial and trial-related matters in those cases, including a plan for eight additional cases (in addition to currently scheduled and planned single-use and mixed-use bellwether trial cases) to be trial-ready by August 2018. Further case management conferences set for 12/15/2017 at 1:30 p.m. and 1/25/2018 at 1:30 p.m. remain as scheduled. Mailed notice. (pjg, )
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Filing 2280
MINUTE entry before the Honorable Matthew F. Kennelly: Primary counsel appearing for the 11/30/2017 case management conference are requested to attend a pre-conference meeting in chambers at 11:15 AM. (mk)
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Filing 2279
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, due to an unanticipated scheduling conflict, the case management conference set for 11/30/2017 for the purpose of dealing with the proposals called for by Case Management Order (CMO) 78 (dkt. no. 2244) is moved to 11:30 AM on 11/30/2017. (mk)
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Filing 2278
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, due to an unanticipated scheduling conflict, the case management conference set for 11/30/2017 for the purpose of dealing with the proposals called for by Case Management Order (CMO) 78 (dkt. no. 2244) is moved to 11:30 AM on 11/30/2017. (mk)
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Filing 2277
STATUS Report Joint Status Report for November 30, 2017 Case Management Conference by Plaintiffs' Steering Committee (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, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Miracle, Trent)
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Filing 2276
CASE MANAGEMENT ORDER # 83 (Order Setting Sequence of Lilly Bellwether Trial Cases), signed by the Honorable Matthew F. Kennelly on 11/22/2017: The Court calls to the parties' attention that it added a sentence at the end of the proposed draft order. (mk)
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Filing 2275
NOTICE of Motion by Wesley Andrew Bowden for presentment of before Honorable Matthew F. Kennelly on 1/25/2018 at 03:00 PM. (Bowden, Wesley)
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Filing 2274
SEALED DOCUMENT Declaration of Wesley A. Bowden in Support of Plaintiffs Motion to Exclude Opinion Testimony of Defendants Non-Retained Experts or in the Alternative Motion to Strike (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Bowden, Wesley)
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Filing 2273
SEALED DOCUMENT Plaintiffs Motion to Exclude Opinion Testimony of Defendants Non-Retained Experts or in the Alternative Motion to Strike (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Bowden, Wesley)
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Filing 2272
TRANSCRIPT OF PROCEEDINGS held on October 18, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/12/2017. Redacted Transcript Deadline set for 12/22/2017. Release of Transcript Restriction set for 2/20/2018. (Cox, Carolyn)
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Filing 2271
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the case management conference set for 11/30/2017 for the purpose of dealing with the proposals called for by Case Management Order (CMO) 78 (dkt. no. 2244) is moved to 12:00 PM on 11/30/2017. In addition, the next in camera settlement-related meetings contemplated by CMO 78, p. 5, will be held on 12/15/2017 at 1:00 PM, in chambers (Room 2188). (mk)
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Filing 2270
STATUS Report Joint by Medical Mutual of Ohio (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Simmer, William)
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Filing 2269
NOTICE of Voluntary Dismissal by James Sullivan (Fodera, Leonard)
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Filing 2268
REPLY Plaintiff's Reply in Support of Motion to Amend Judgment to Conform the Damages to the Undisputed Evidence or in the Alternative for a New Trial on Compensatory Damages (Seeger, Christopher)
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Filing 2267
REPLY Memorandum in Further Support of Defendants' Motion to Strike the Punitive Damages Award and Enter Judgment for AbbVie as a Matter of Law Pursuant to Rule 59(e) or, in the Alternative, Rule 50(b) (Attachments: #1 Exhibit 1)(Yeary, Michelle)
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Filing 2266
NOTICE of Motion by Brian John Perkins for presentment of motion to withdraw as attorney #2264 before Honorable Matthew F. Kennelly on 12/15/2017 at 01:30 PM. (Perkins, Brian)
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Filing 2265
SEALED DOCUMENT (Perkins, Brian)
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Filing 2264
MOTION by Attorney Brian J. Perkins to withdraw as attorney. New address information: Please See Attached Contact Forms (Attachments: #1 Notice of Party Contact Information)(Perkins, Brian) Modified on 3/1/2018 (pjg, ).
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Filing 2263
CASE MANAGEMENT ORDER NO. 82 (dismissal of additional Pfizer-only cases), signed by the Honorable Matthew F. Kennelly on 11/13/2017. (mk)
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Filing 2262
CASE MANAGEMENT ORDER NO. 81 (dismissal of additional cases naming Pfizer defendants and co-defendants), signed by the Honorable Matthew F. Kennelly on 11/13/2017. (mk)
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Filing 2261
CASE MANAGEMENT ORDER NO. 80 (Pretrial schedule for January 2018 bellwether trials) signed by the Honorable Matthew F. Kennelly on 11/9/2017. Mailed notice. (pjg, )
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Filing 2260
NOTICE by Lawrence B. Finn of Change of Address (Finn, Lawrence)
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Filing 2259
CORRECTED CASE MANAGEMENT ORDER NO. 77 (rulings on motions in limine in Auxilium bellwether cases and case-specific motions in limine in Holtsclaw v. Auxilium Pharmaceuticals, Inc., Case No. 15 C 3941), signed by the Honorable Matthew F. Kennelly on 11/8/2017: This order corrects editing errors in Section A.6, on page 7. The prior version (dkt. no. 2233) is vacated. (mk)
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Filing 2258
MINUTE entry before the Honorable Matthew F. Kennelly: The Court, at its own instance, sets a telephone conference for 11/9/2017 at 12:30 PM for the purpose of addressing the dates for motions in limine and responses, the final pretrial order, and the final pretrial conference in the AbbVie-only bellwether trial set for 1/8/2019 as well as the dispositive motion schedule and dates for motions in limine and responses, the final pretrial order, and the final pretrial conference in the upcoming Lilly-only bellwether trials. (mk)
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Filing 2257
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing date of 11/8/2017 is vacated. (mk)
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Filing 2256
MINUTE entry before the Honorable Matthew F. Kennelly: (This order relates to Konrad v. AbbVie, Inc., Case No. 1:15-cv-966) Defendants' renewed motion for judgment or for a new trial #2231 is taken under advisement. Response is due 12/1/2017 and may be up to 25 pages. Reply to response is due 12/22/2017 and is limited to 15 pages. (mk)
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Filing 2255
MINUTE entry before the Honorable Matthew F. Kennelly: The joint application for re-appointment to the plaintiffs' steering committee #2153 is granted, retroactive to 10/15/2017. Peter Flowers, a current member of the PSC, will assume the position of co-liaison counsel to replace Brian Perkins. The Court has a few questions regarding the roles and work described in the attachments to the application but will hold those until the next case management conference. The term of the current appointment will run through 11/2/2018. Applications for appointment or reappointment are to be filed by no later than 9/30/2018. (mk)
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Filing 2254
CASE MANAGEMENT ORDER NO. 79 (Revised Schedule For Second Auxilium Bellwether Trial), signed by the Honorable Matthew F. Kennelly on 11/6/2017. (mk)
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Filing 2253
SEALED DOCUMENT Plaintiff's Sealed Documents Related to Dkt. No 2252 (Kessig) (Attachments: #1 Exhibit C)(Katz, Seth)
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Filing 2252
NOTICE of Filing of Deposition Desginations (Kessig) (Attachments: #1 Exhibit A, #2 Exhibit B)(Katz, Seth)
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Filing 2251
NOTICE of Filing of Second List of Admissible Exhibits (Attachments: #1 Exhibit A)(Katz, Seth)
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Filing 2250
SEALED DOCUMENT Plaintiff's Sealed Documents Related to Dkt. No. 2249 (Sturgill) (Attachments: #1 Exhibit C)(Katz, Seth)
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Filing 2249
NOTICE of Filing of Deposition Designations (Sturgill) (Attachments: #1 Exhibit A, #2 Exhibit B)(Katz, Seth)
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Filing 2248
SEALED DOCUMENT Plaintiff's Sealed Documents Related to Dkt. No. 2247 (Rosenberger) (Attachments: #1 Exhibit C, #2 Exhibit D)(Katz, Seth)
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Filing 2247
NOTICE of Filing of Deposition Designations (Rosenberger) (Attachments: #1 Exhibit A, #2 Exhibit B)(Katz, Seth)
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Filing 2246
SEALED DOCUMENT Plaintiff's Supplemental Sealed Documents Related to Dkt. No. 2245 (McLaughlin) (Attachments: #1 Exhibit C)(Katz, Seth)
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Filing 2245
NOTICE of Filing of Supplemental Deposition Designations (McLaughlin) (Attachments: #1 Exhibit A, #2 Exhibit B)(Katz, Seth)
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Filing 2244
CASE MANAGEMENT ORDER NO. 78 (supplementation / enhancement of plaintiff's fact sheets; reconfiguration of bellwether trial schedules; meetings with settlement master), signed by the Honorable Matthew F. Kennelly on 11/4/2017. (mk)
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Filing 2243
SEALED DOCUMENT Plaintiff's Sealed Documents Related to Dkt. No. 2242 (Smith) (Attachments: #1 Exhibit C)(Katz, Seth)
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Filing 2242
NOTICE of Filing of Deposition Designations (Smith) (Attachments: #1 Exhibit A, #2 Exhibit B)(Katz, Seth)
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Filing 2241
SEALED DOCUMENT Plaintiff's Sealed Documents Related to Dkt. No. 2240 (McLaughlin) (Attachments: #1 Exhibit C)(Katz, Seth)
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Filing 2240
NOTICE of Filing of Deposition Designations (McLaughlin) (Attachments: #1 Exhibit A, #2 Exhibit B)(Katz, Seth)
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Filing 2239
SEALED DOCUMENT Plaintiff's Sealed Documents Related to Dkt. No. 2238 (Grablutz) (Attachments: #1 Exhibit C, #2 Exhibit D)(Katz, Seth)
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Filing 2238
NOTICE of Filing of Deposition Designations (Grablutz) (Attachments: #1 Exhibit A, #2 Exhibit B)(Katz, Seth)
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Filing 2237
SEALED DOCUMENT Plaintiff's Sealed Documents Related to Dkt. No. 2236 (DelConte) (Attachments: #1 Exhibit C, #2 Exhibit D)(Katz, Seth)
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Filing 2236
NOTICE of Filing of Deposition Designations (DelConte) (Attachments: #1 Exhibit A, #2 Exhibit B)(Katz, Seth)
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Filing 2235
SEALED DOCUMENT Plaintiff's Sealed Documents Related to Dkt. No. 2234 (Hess) (Attachments: #1 Exhibit C, #2 Exhibit D)(Katz, Seth)
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Filing 2234
NOTICE of Filing of Deposition Designations (Hess) (Attachments: #1 Exhibit A, #2 Exhibit B)(Katz, Seth)
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Filing 2233
CASE MANAGEMENT ORDER NO. 77 (rulings on motions in limine in Auxilium bellwether cases and case-specific motions in limine in Holtsclaw v. Auxilium Pharmaceuticals, Inc., Case No. 15 C 3941), signed by the Honorable Matthew F. Kennelly on 11/3/2017. (mk)
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Filing 2232
NOTICE of Motion by Michelle H. Yeary for presentment of motion for judgment #2231 before Honorable Matthew F. Kennelly on 11/8/2017 at 09:30 AM. (Yeary, Michelle)
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Filing 2231
MOTION for judgment as a Matter of Law, or Alternatively for a New Trial or Remittitur, and Memorandum in Support (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Yeary, Michelle)
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Filing 2230
SEALED DOCUMENT Plaintiff's Sealed Documents Related to Dkt. No. 2229 (McLaughlin) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Katz, Seth)
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Filing 2229
NOTICE of Filing of Deposition Designations (McLaughlin) (Katz, Seth)
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Filing 2228
SEALED DOCUMENT Plaintiff's Sealed Documents Related to Dkt. No. 2227 (Smith) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Katz, Seth)
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Filing 2227
NOTICE of Filing of Deposition Designations (Smith) (Katz, Seth)
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Filing 2226
NOTICE of Correction regarding #2225 . (jk, )
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Filing 2225
ENTERED in error (jk, ).
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Filing 2224
NOTICE of Filing of Final Exhibit Lists (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Katz, Seth)
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Filing 2223
SEALED DOCUMENT Plaintiff's Sealed Documents Related to Dkt. No. 2222 (Hess) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Katz, Seth)
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Filing 2222
NOTICE of Filing of Deposition Designations (Hess) (Katz, Seth)
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Filing 2221
Statement Noting a Party's Death (Kevin Cunningham) (Robinson, Daniel)
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Filing 2220
MINUTE entry before the Honorable Matthew F. Kennelly: (This order concerns Konrad v. AbbVie, Inc., Case No. 15-cv-966.) Motion for leave to file excess pages #2218 is granted in part. Defendants have leave to file a memorandum in support of their post-trial motion of up to 25. (mk)(Kennelly, Matthew)
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Filing 2219
NOTICE of Motion by Michelle H. Yeary for presentment of motion for leave to file excess pages #2218 before Honorable Matthew F. Kennelly on 11/2/2017 at 09:30 AM. (Yeary, Michelle)
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Filing 2218
MOTION for leave to file excess pages (Yeary, Michelle)
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Filing 2217
RESPONSE Plaintiffs' Response In Opposition to AbbVie's Motion to Strike Punitive Damages Award and Enter Judgment as a Matter of Law (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Miracle, Trent)
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Filing 2216
MEMORANDUM of Law in Opposition to Plaintiff's Motion to Amend the Judgment or in the Alternative for a New Trial on Compensatory Damages (Yeary, Michelle)
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Filing 2215
NOTICE of Motion by Brian John Perkins for presentment of motion to withdraw as attorney #2213 before Honorable Matthew F. Kennelly on 12/15/2017 at 01:30 PM. (Perkins, Brian)
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Filing 2214
SEALED DOCUMENT Sealed Exhibit A (Perkins, Brian)
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Filing 2213
MOTION by Attorney Brian J. Perkins to withdraw as attorney. New address information: Please See Attached Contact Forms (Attachments: #1 Notification of Party Contact Information Forms)(Perkins, Brian) Modified on 3/1/2018 (pjg, ).
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Filing 2212
MAIL RETURNED, for document #2129 sent to Curtis Sepulveda returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form (ags, )
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Filing 2211
TRANSCRIPT OF PROCEEDINGS held on October 19, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/15/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/23/2018. (Cox, Carolyn)
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Filing 2210
CASE MANAGEMENT ORDER NO. 76 (Rulings on Auxilium's motions to exclude expert testimony and for summary judgment - dkt. 34, 38, & 39 in Holtsclaw v. Auxilium, Case No. 15 C 3941, and dkt. 29, 33, & 34 in Owens v. Auxilium, Case No. 14 C 5180), signed by the Honorable Matthew F. Kennelly on 10/23/2017. (mk)
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Filing 2209
MINUTE entry before the Honorable Matthew F. Kennelly: Joint motion for leave to file 20 page response briefs on the post-trial motions in the Mitchell case #2207 is granted. (mk)
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Filing 2208
NOTICE of Motion by Michelle H. Yeary for presentment of motion for leave to file excess pages #2207 before Honorable Matthew F. Kennelly on 10/24/2017 at 09:30 AM. (Yeary, Michelle)
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Filing 2207
MOTION for leave to file excess pages (Yeary, Michelle)
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Filing 2206
SEALED DOCUMENT Exhibits to Plaintiffs' Steering Committee's Response in Opposition to Auxilium's Motions in Limine (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Exhibit 13, #12 Exhibit 14, #13 Exhibit 15, #14 Exhibit 16, #15 Exhibit 17, #16 Exhibit 18, #17 Exhibit 19, #18 Exhibit 20, #19 Exhibit 21, #20 Exhibit 22, #21 Exhibit 23, #22 Exhibit 24, #23 Exhibit 25, #24 Exhibit 26, #25 Exhibit 27, #26 Exhibit 28, #27 Exhibit 29, #28 Exhibit 30, #29 Exhibit 31, #30 Exhibit 32, #31 Exhibit 33, #32 Exhibit 34, #33 Exhibit 35, #34 Exhibit 36)(Miracle, Trent)
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Filing 2205
RESPONSE Plaintiffs' Steering Committee's Response in Opposition to Auxilium's Motions in Limine (Attachments: #1 Exhibit 7, #2 Exhibit 37)(Miracle, Trent)
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Filing 2203
MINUTE entry before the Honorable Matthew F. Kennelly: The Court sets the case for an in-person conference in chambers on 11/2/2017 at 10:30 a.m., to discuss the status of settlement negotiations involving the plaintiffs and AbbVie. Settlement counsel for plaintiffs and AbbVie, as well as the general counsel for AbbVie, are directed to attend. (mk)
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Filing 2202
MINUTE entry before the Honorable Matthew F. Kennelly: Docket entry 2198, dated 10/18/2017, contained an error and is corrected to read as follows: Case management conference held by telephone regarding bellwether selection process, as ordered in docket entry 2191 (10/13/2017). The parties are directed to discuss and propose what the Court has referred to as one or more "plan B" proposals to address, for defendants with only one or two bellwether trials scheduled, the need to select replacement case(s) if a bellwether trial case is resolved on summary judgment or otherwise. As indicated during the conference, this may include alternatives to the current bellwether trial plans for the various defendants. A joint status report on this topic is to be filed by no later than 11/9/2017. (mk)
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Filing 2201
MINUTE entry before the Honorable Matthew F. Kennelly: Docket entry 2198, dated 10/18/2017, contained an error and is corrected to read as follows: Case management conference held by telephone regarding bellwether selection process, as ordered in docket entry 2191 (10/13/2017). The parties are directed to discuss and propose what the Court has referred to as one or more "plan B" proposals to address, for defendants with only one or two bellwether trials scheduled, the need to select replacement case(s) if a bellwether trial case is resolved on summary judgment or otherwise. As indicated during the conference, this may include alternatives to the current bellwether trial plans for the various defendants. A joint status report on this topic is to be filed by no later than 11/9/2017. (mk)
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Filing 2204
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #2199 , #2198 , #2200 , #2197 sent to Attorney Thomas L. Wagstaff returned as: Unknown Address Error. The Clerk telephoned Thomas L. Wagstaff, no contact made. Mailed to attorney Thomas L. Wagstaff a letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 2200
Notice of Motion to Withdraw NOTICE of Motion by Rebecca A.G. Robertson for presentment of (Robertson, Rebecca)
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Filing 2199
MOTION by Attorney Rebecca A.G. Robertson to withdraw as attorney. No party information provided (Attachments: #1 Exhibit)(Robertson, Rebecca)
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Filing 2198
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held by telephone regarding bellwether selection process, as ordered in docket entry 2191 (10/13/2017). The parties are directed to discuss and propose what the Court has referred to as one or more "plan B" proposals to address what will occur if, for defendants with only one or two bellwether trials scheduled, to select replacement case(s) if a bellwether trial case is resolved on summary judgment or otherwise. As indicated during the conference, this may include one or more alternatives to the current plan(s). A joint status report on this topic is to be filed by no later than 11/9/2017. (mk)
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Filing 2197
ORDER directing that a separate jury panel be summoned per request for a separate jury panel for the member case set for jury trial beginning on 1/29/2018, pursuant to Local Rule 47.1(b) by the Honorable Matthew F. Kennelly. Signed by the Honorable Ruben Castillo on 10/18/2017. Mailed notice (ags, )
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Filing 2196
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for reconsideration #2189 is moot. (mk)
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Filing 2195
MINUTE entry before the Honorable Matthew F. Kennelly: The corrected entry for the 10/5/2017 case management conference #2185 contained an error and is modified to read as follows: Case management conference held on 10/5/2017. (1) All unresolved items on the agenda discussed. (2) The parties are to confer and submit a proposal for the filing of motions in limine and the final pretrial order for the 1/8/2018 AbbVie bellwether case. (3) For the upcoming Auxilium bellwether trial, the same page limits for motions in limine as set forth for previous bellwether trials shall apply. A red-lined version of the previously used juror questionnaire shall be submitted the day before the final pretrial conference in the Holtsclaw case. Based on reports in chambers that the Holtsclaw v. Auxilium case will not be disposed of prior to trial, the final pretrial order shall only be required in the Holtsclaw case and not in the Owens v. Auxillium case. (4) The Court overrules Lilly's proposal for sequential summary judgment and Daubert briefing in the upcoming Lilly-only bellwether trials. All summary judgment and Daubert motions shall be briefed simultaneously. (5) The Actavis Defendants and the PSC have agreed to voluntary dismiss the Etienne case, currently contained in the bellwether discovery pool, and replace it in the bellwether discovery pool with another DVT/PE case of Actavis Defendants' choosing, Laverne Boyko, et al. v. Actavis, Inc., subject to plaintiff in the Boyko case providing a waiver of Lexecon. (6) A revised proposal on the mixed use cases, consistent with the Court's comments in open court, is to be submitted by 10/10/2017. The 11/30/2017 case management conference is vacated. Further case management conferences are set for 12/15/2017 at 1:30 pm (on a Friday due to the Court's non-MDL trial schedule) and on 1/25/2018 at 1:30 pm. (mk)
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Filing 2194
RESPONSE (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order)(Rothweiler, Kenneth)
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Filing 2193
RESPONSE (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order)(Rothweiler, Kenneth)
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Filing 2192
CASE MANAGEMENT ORDER # 75 (mixed-use bellwether trial plan), signed by the Honorable Matthew F. Kennelly on 10/13/2017. The Court calls the parties' attention to the fact that it added a paragraph to Section II of the CMO and inserted a date in Section V. (mk)
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Filing 2191
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has become concerned that the bellwether selection processes for certain defendants that result in the selection of only two cases for trial may be inadequate, particularly due to the possibility of one or both of the selected cases being resolved on summary judgment or otherwise prior to trial. This would arguably leave that defendant's bellwether process insufficiently representative or non-existent. The Court wishes to promptly discuss with lead counsel a back-up plan for the bellwether selection processes for these defendants. The case is set for a case management conference involving lead counsel and others whose participation is deemed appropriate by lead counsel, to be conducted by telephone at 12:30 PM on Wednesday, October 18, 2017. The call will not last more than 15 minutes (Judge Kennelly will be on trial). Lead counsel for plaintiffs are directed to set up a call-in number and provide the details to other counsel and to Judge Kennelly's courtroom deputy clerk. (mk)
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Filing 2190
NOTICE of Motion by Brendan A Smith for presentment of motion for reconsideration #2189 before Honorable Matthew F. Kennelly on 10/19/2017 at 09:30 AM. (Smith, Brendan)
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Filing 2189
MOTION for reconsideration of the Court's October 10, 2017 Minute Entry (Smith, Brendan)
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Filing 2188
SEALED DOCUMENT Plaintiffs' Omnibus Motion in Limine Sealed Exhibits (Attachments: #1 Exhibit 2, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6)(Miracle, Trent)
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Filing 2187
MOTION in limine Plaintiffs' Omnibus Motion in Limine (Attachments: #1 Exhibit 3)(Miracle, Trent)
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Filing 2186
MAIL RETURNED, for document #2129 sent to Curtis Sepulveda returned as undeliverable, return to sender. No new contact information received; however the document will be mailed a second time. (eaa, )
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Filing 2183
CASE MANAGEMENT ORDER NO. 72 (Allocation of trial time for first Auxilium bellwether trial), signed by the Honorable Matthew F. Kennelly on 10/6/2017. (mk)
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Filing 2182
CASE MANAGEMENT ORDER NO. 74 (Order Selecting Six Endo Bellwether Workup Cases), signed by the Honorable Matthew F. Kennelly on 10/6/2017. (mk)
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Filing 2181
CASE MANAGEMENT ORDER 73 (Endo Non-Expert Generic Fact Discovery Deadline for Fortesta MDL Bellwether Trial Cases), signed by the Honorable Matthew F. Kennelly on 10/6/2017. (mk)
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Filing 2185
MINUTE entry #2184 before the Honorable Matthew F. Kennelly is corrected as follows: Case management conference held on 10/5/2017. (1) All unresolved items on the agenda discussed. (2) The parties are to confer and submit a proposal for the filing of motions in limine and the final pretrial order for the 1/8/2018 AbbVie bellwether case. (3) For the upcoming Auxilium bellwether trial, the same page limits for motions in limine as set forth for previous bellwether trials shall apply. A red-lined version of the previously used juror questionnaire shall be submitted the day before the final pretrial conference in the Holtsclaw case. Based on reports in chambers that the Holtsclaw v. Auxilium case will not be disposed of prior to trial, the final pretrial order shall only be required in the Holtsclaw case and not in the Owens v. Auxillium case. (4) The Court overrules Lilly's proposal for sequential summary judgment and Daubert briefing in the upcoming Lilly-only bellwether trials. All summary judgment and Daubert motions shall be briefed simultaneously. (5) Due to the Actavis bellwether case Etienne v. Actavis, Inc., et al, being dismissed, the case to be tried will be Boyko. et al. v. Actavis, Inc. (6) A revised proposal on the mixed use cases, consistent with the Court's comments in open court, is to be submitted by 10/10/2017. The 11/30/2017 case management conference is vacated. Further case management conferences are set for 12/15/2017 at 1:30 pm (on a Friday due to the Court's non-MDL trial schedule) and on 1/25/2018 at 1:30 pm. Mailed notice. (pjg, )
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Filing 2184
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 10/5/2017. (1) All unresolved items on the agenda discussed. (2) The parties are to confer and submit a proposal for the filing of motions in limine and the final pretrial order for the 1/8/2018 AbbVie bellwether case. (3) For the upcoming Auxilium bellwether trial, the same page limits for motions in limine as set forth for previous bellwether trials shall apply. A red-lined version of the previously used juror questionnaire shall be submitted the day before the final pretrial conference in the Holtsclaw case. Based on reports in chambers that the Owens v. Auxilium case will not be disposed of prior to trial, the final pretrial order shall only be required in the Owens case and not in the Holtsclaw v. Endo case. (4) The Court overrules Lilly's proposal for sequential summary judgment and Daubert briefing in the upcoming Lilly-only bellwether trials. All summary judgment and Daubert motions shall be briefed simultaneously. (5) Due to the Actavis bellwether case Etienne v. Actavis, Inc., et al, being dismissed, the case to be tried will be Boyko. et al. v. Actavis, Inc. (6) A revised proposal on the mixed use cases, consistent with the Court's comments in open court, is to be submitted by 10/10/2017. The 11/30/2017 case management conference is vacated. Further case management conferences are set for 12/15/2017 at 1:30 pm (on a Friday due to the Court's non-MDL trial schedule) and on 1/25/2018 at 1:30 pm. Mailed notice. (pjg, )
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Filing 2180
MINUTE entry before the Honorable Matthew F. Kennelly: Lead counsel and other trial counsel who will be present for the case management conference on 10/5/2017 are requested to appear in chambers at 1:15 PM on that date for a pretrial / scheduling conference in advance of the case management conference. (mk)
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Filing 2179
Joint Agenda for the October 5, 2017 Case Management Conference (Smith, Brendan)
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Filing 2178
STATUS Report (Joint) for the October 5, 2017 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 2177
Plaintiffs' Local Rule 56.1 Response to Defendants' Statement of Material Facts in Support of Their Motion for Summary Judgment on State Law Grounds (Miracle, Trent)
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Filing 2176
SEALED DOCUMENT Exhibits 2-9 and 11 (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 11)(Miracle, Trent)
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Filing 2175
Plaintiffs' Memorandum of Law in Opposition to Motion of Defendant Auxilium for Summary Judgement on State Law Grounds (Attachments: #1 Exhibit 1, #2 Exhibit 10, #3 Exhibit 12, #4 Exhibit 13, #5 Exhibit 14)(Miracle, Trent)
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Filing 2174
SEALED DOCUMENT Exhibits 13 and 14 (Attachments: #1 Exhibit 14)(Miracle, Trent)
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Filing 2173
Plaintiffs' Steering Committee's Memorandum of Law in Opposition to Motion of Auxilium Defendants to Exclude Testimony Under Federal Rules of Evidence 702 and 403 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 15)(Miracle, Trent)
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Filing 2172
SEALED DOCUMENT Exhibit 1, Exhibit 4, Exhibit 7 (Attachments: #1 Exhibit 4, #2 Exhibit 7)(Miracle, Trent)
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Filing 2171
Plaintiffs' Memorandum of Law in Opposition to Motion of Auxilium Defendants for Summary Judgment on the Ground that Plaintiffs' State Law Failure-to-Warn and Design Defect Claims are Preempted by Federal Law (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 8, #6 Exhibit 9)(Miracle, Trent)
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Filing 2170
Plaintiffs' Local Rule 56.1 Response to Defendants' Statement of Material Facts in Support of Their Motion for Summary Judgment on State Law Grounds (Miracle, Trent)
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Filing 2169
SEALED DOCUMENT Exhibit 8 (Miracle, Trent)
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Filing 2168
Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment on State Law Grounds (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 9, #9 Exhibit 10)(Miracle, Trent)
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Filing 2167
NOTICE of Motion by Brendan A Smith for presentment of motion for miscellaneous relief, #2166 before Honorable Matthew F. Kennelly on 10/5/2017 at 01:30 PM. (Smith, Brendan)
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Filing 2166
MOTION Plaintiffs' Steering Committee's Motion to Allow Trial Testimony by Contemporaneous Transmission (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Smith, Brendan)
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Filing 2165
CASE MANAGEMENT ORDER NO. 71 Pretrial Schedule for Auxilium Bellwether Trial Cases), signed by the Honorable Matthew F. Kennelly on 9/29/2017. The parties should note that the Court made changes to the last paragraph of the draft order submitted by counsel. (mk)
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Filing 2164
LETTER from the Seventh Circuit returning the record on appeal in USCA no. 17-2056 consisting of sealed envelopes: 2 docs #1766 and 1771. (ags, )
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Filing 2163
ORDER dated 9/28/2017 from the 7th Circuit regarding notice of appeal #1934 ; Appellate case no. : 17-2056. IT IS ORDERED that the parties' joint request to return sealed documents to the district court is GRANTED. The clerk of this court shall return all documents except for nos. 1175, 1176, 1189, 1190, and 1194 to the district court to be maintained under seal in that court. Document nos. 1175, 1176, 1189, 1190, and 1194 shall become part of the public record in this appeal. (ags, )
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Filing 2162
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw #2093 is granted. The Clerk is directed to terminate Attorney Victoria J. Langton as counsel for Actavis, Inc., Actavis Pharma, INc., Actavis Laboratories UT, Inc., and Anda, Inc. (Actavis defendants) on all cases on Exhibit A attached to motion to withdraw #2093 and remove her from all service lists. Mailed notice. (pjg, )
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Filing 2161
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw as attorney #2091 is granted. The Clerk is directed to terminate Attorney Rick David Bailey as counsel for plaintiff on all cases listed on Exhibit A attached to motion to withdraw as attorney #2091 and remove him from all service lists. Mailed notice. (pjg, )
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Filing 2160
MINUTE entry before the Honorable Matthew F. Kennelly: The joint status report dated 8/22/2017 (dkt. no. 2105) referenced the selection of 6 Activis-only bellwether discovery cases per CMO 37. CMO 37 contemplates that core discovery in those 6 cases will extend through 12/1/2017, followed by a selection process that is to result in 2 bellwether trial cases, from which the Court will select a single case for trial, scheduled for August 2018. However, the recently-filed joint status report for mixed-use cases (dkt. no. 2156) references a Lexecon waiver / non-waiver process that the parties seem to say resulted in "the one trial case." The Court is perplexed by this, because the selection of the 2 (not 1) Actavis cases is not supposed to have taken place yet. This, in turn, has led the Court to revisit the Lexecon waiver / non-waiver process, which evidently had a significantly different outcome for the Actavis cases than for single-use cases involving the other defendants. The Court wishes to have a discussion about this with counsel at both the pre-case management conference meeting on 10/5/2017 and at the case management conference itself, in part because it may have an impact on the process for mixed-use bellwether cases. Attorneys for the PSC and for each defendant with knowledge sufficient to have a full discussion about this are to be present at both the meeting and the conference. (mk)
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Filing 2159
CASE MANAGEMENT ORDER NO. 70 - ORDER OF DISMISSAL AS TO CASES NAMING PFIZER INC., PHARMACIA & UPJOHN COMPANY LLC, AND ADDITIONAL CO-DEFENDANTS PURSUANT TO CASE MANAGEMENT ORDER NO. 19B (AMENDED), signed by the Honorable Matthew F. Kennelly on 9/28/2017. (mk)
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Filing 2158
CASE MANAGEMENT ORDER NO. 69 - ORDER OF DISMISSAL AS TO CASES NAMING PFIZER INC. AND PHARMACIA & UPJOHN COMPANY LLC ONLY PURSUANT TO CASE MANAGEMENT ORDER NO. 19B (AMENDED), signed by the Honorable Matthew F. Kennelly on 9/28/2017. (mk)
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Filing 2157
MINUTE entry before the Honorable Matthew F. Kennelly: Application of Olga Viner to appear pro hac vice #2065 is granted. (mk)
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Filing 2156
STATUS Report (Joint) Regarding Mixed Use Cases by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Smith, Brendan)
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Filing 2155
MINUTE entry before the Honorable Matthew F. Kennelly: The Court advises that, consistent with Case Management Order No. 38, because both the Konrad and Mitchell cases are being tried to verdict, the Court anticipates that the next AbbVie bellwether trial will be the Nolte case (14-8135), and the Cribbs case (15-1056) will drop behind the Myers case (15-1085) in the sequence. The parties should put this question on the agenda for the upcoming case management conference. (mk)
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Filing 2154
CASE MANAGEMENT ORDER NO. 68 (Ruling on AbbVie's motion for sanctions in Rowley v. AbbVie, Inc.), signed by the Honorable Matthew F. Kennelly on 9/24/2017. (mk)
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Filing 2153
Joint Application for Re-Appointment to the Plaintiffs' Steering Committee (Attachments: #1 Exhibit A)(Smith, Brendan)
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Filing 2152
MINUTE entry before the Honorable Matthew F. Kennelly: The joint motion for dismissals and entry of final judgments and partial final judgments pursuant to amended CMO 19B #2142 is granted. However, contrary to the statement in the motion, draft orders have not been provided. Counsel are directed to provide Word versions to Judge Kennelly's proposed order e-mail address forthwith. (mk)
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Filing 2151
CASE MANAGEMENT ORDER NO. 67 (Deadline for supplementation of expert reports in bellwether trial cases), signed by the Honorable Matthew F. Kennelly on 9/22/2017. (mk)
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Filing 2150
MAIL RETURNED, for document #2121 sent to Curtis Sepulveda returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form (ags, )
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Filing 2149
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #2143 , #2144 , #2145 , #2147 , #2146 , #2142 , #2141 sent to Attorney Lina Melidonian returned as: Unknown Address Error. Mailed to attorney Lina Melidonian a letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 2148
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #2143 , #2144 , #2145 , #2147 , #2146 , #2142 , #2141 sent to Attorney Drew R. Ferrandini returned as: Unknown Address Error. Mailed to attorney Drew R. Ferrandini a letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 2147
SEALED DOCUMENT re: Dkt. No. 2145 (Attachments: #1 Exhibit C)(Miracle, Trent)
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Filing 2146
SEALED DOCUMENT re: Dkt. No. 2144 (Attachments: #1 Exhibit C)(Miracle, Trent)
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Filing 2145
NOTICE of Filing of Deposition Designations (Fields) (Attachments: #1 Exhibit A, #2 Exhibit B)(Buchanan, David)
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Filing 2144
NOTICE of Filing of Deposition Designations (Morrow) (Attachments: #1 Exhibit A, #2 Exhibit B)(Buchanan, David)
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Filing 2143
JOINT NOTICE of Motion by Matthew Aaron Holian for presentment of motion to dismiss, #2142 before Honorable Matthew F. Kennelly on 9/26/2017 at 09:30 AM. (Attachments: #1 Exhibit A - Pfizer Inc. and/or Pharmacia & Upjohn Company LLC Defendants Only, #2 Exhibit B - Multiple Defendants)(Holian, Matthew)
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Filing 2142
MOTION by Defendants Pfizer Inc., Pharmacia & Upjohn Company LLC to dismiss Joint Motion for Dismissals and Entry of Final Judgments and Partial Final Judgments Pursuant to Amended CMO 19B (Attachments: #1 Exhibit A - Pfizer Inc. and/or Pharmacia & Upjohn Company LLC Defendants Only, #2 Exhibit B - Multiple Defendants, #3 Certificate of Service)(Holian, Matthew)
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Filing 2141
ORDER directing that a separate jury panel be summoned per request for a separate jury panel for the member case set for jury trial beginning on 1/8/2018, pursuant to Local Rule 47.1(b) by the Honorable Matthew F. Kennelly. Signed by the Honorable Ruben Castillo on 9/19/2017. Mailed notice(pjg, )
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Filing 2140
MINUTE entry before the Honorable Matthew F. Kennelly: The Court notes that it has not yet received a proposed case management order for mixed-use cases consistent with the Court's directive at the 8/23/2017 case management conference. The parties are directed to provide an agreed proposed order, or alternative proposals, by no later than 9/22/2017. (mk)
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Filing 2139
MINUTE entry before the Honorable Matthew F. Kennelly: The Court denies defendants' motion #1974 to certify for interlocutory appeal the Court's ruling denying summary judgment on plaintiffs' failure to warn claims. Among other things, the Court is unpersuaded that an interlocutory appeal would expedite the ultimate resolution of the case. (mk)
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Filing 2137
ORDER: Seventh Circuit Operating Procedure 10, dated 9/18/2017 from the 7th Circuit regarding notice of appeal #934 ; Appellate case no. : 17-2056; This Court has received 114 electronic files under seal from the district court. All documents filed in this Court, except those required to be sealed by statute or rule are considered public. Pursuant to 7th Circuit Operating Procedure 10(b), documents sealed in the district court will be maintained under seal in this Court for fourteen (14) days, to afford time to request the approval required by section (a) of this operating procedure. If any document received under seal did not form the basis of the parties' dispute and the district court's resolution, a party can request that this court return the document to the district court. Baxter International, Inc. v. Abbott Laboratories, 297 F.3d 544, 548 (7th Cir. 2002). Any motion to maintain documents under seal in this court must "analyze in detail, document by document, the propriety of secrecy, providing reasons and legal citations." Id. See also Union Oil Co. of California v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000). Absent a motion from a party these sealed documents will be placed in the public record on October 3, 2017. (ags, )
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Filing 2136
CASE MANAGEMENT ORDER NO. 66 (Order setting sequence of two Auxilium bellwether trial cases), signed by the Honorable Matthew F. Kennelly on 9/17/2017: The Court calls to the parties' attention that it has added a sentence to the order, consistent with earlier discussions and rulings in this MDL. (mk)
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Filing 2135
MINUTE entry before the Honorable Matthew F. Kennelly: It appears to the Court that plaintiffs' motion to compel discovery from Besins #1645 has been fully adjudicated, so the motion is terminated as moot. (mk)
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Filing 2134
RESPONSE Letter to the Court from Plaintiff re: Preliminary Jury Instructions (Buchanan, David)
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Filing 2138
USCA RECEIVED on 9/15/2017 the long record regarding notice of appeal #934 (ek, )
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Filing 2133
LETTER to Judge Matthew F. Kennelly re Preliminary Instructions (Attachments: #1 Proposed Redline to Preliminary Instructions)(Yeary, Michelle)
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Filing 2132
RESPONSE Letter to Court from Plaintiff Regarding Preliminary Jury Instructions (Attachments: #1 Exhibit Plaintiff's Proposed Revisions to Preliminary Instructions)(Buchanan, David)
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Filing 2131
CERTIFIED and transmitted to the USCA for the 7th Circuit the long record on appeal #934 (USCA no. 17-2056) (ek, )
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Filing 2130
TRANSCRIPT OF PROCEEDINGS held on September 13, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/5/2017. Redacted Transcript Deadline set for 10/16/2017. Release of Transcript Restriction set for 12/13/2017. (Cox, Carolyn)
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Filing 2129
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for reconsideration #2117 is denied for reasons stated in open court. Mailed notice. (pjg, )
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Filing 2128
TRANSCRIPT OF PROCEEDINGS held on September 6, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/4/2017. Redacted Transcript Deadline set for 10/16/2017. Release of Transcript Restriction set for 12/12/2017. (Cox, Carolyn)
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Filing 2127
SEALED DOCUMENT Exhibits B, C, D, and E re: Dkt. No. 2126 (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E)(Miracle, Trent)
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Filing 2126
RESPONSE Plaintiffs' Opposition to AbbVie's Motion for Reconsideration of Certain in Limine Rulings (Attachments: #1 Exhibit A, #2 Exhibit F)(Miracle, Trent)
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Filing 2125
NOTICE to Transmit Record on Appeal regarding notice of appeal #934 ; USCA Case No. 17-2056. (ags, )
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Filing 2124
ATTORNEY Appearance for Defendants Actavis PLC, Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Watson Laboratories Inc., Watson Pharmaceuticals, Inc. by Jesse Lee Beringer (Beringer, Jesse)
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Filing 2123
LETTER to Judge Matthew F. Kennelly (Attachments: #1 Redline of Preliminary Jury Instruction Excerpts)(Bernick, David)
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Filing 2122
STIPULATION (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Solow, Andrew)
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Filing 2121
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 9/6/2017. Motion for reconsideration #2119 is denied for reasons stated in open court. Proffer or statement regarding motion for reconsideration #2117 is to be submitted by 9/12/2017. Mailed notice. (pjg, )
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Filing 2120
NOTICE of Motion by Michelle H. Yeary for presentment of motion for reconsideration #2119 before Honorable Matthew F. Kennelly on 9/6/2017 at 09:30 AM. (Yeary, Michelle)
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Filing 2119
MOTION for reconsideration of the Court's Order Striking Statute of Repose and Statute of Limitations Defenses and Memorandum of Law in Support (Yeary, Michelle)
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Filing 2118
NOTICE of Motion by Michelle H. Yeary for presentment of motion for reconsideration, #2117 before Honorable Matthew F. Kennelly on 9/6/2017 at 09:30 AM. (Yeary, Michelle)
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Filing 2117
MOTION for reconsideration of the Court's in Limine Rulings regarding Marketing Materials and Post-Injury Regulatory Activity, and Memorandum of Law in Support (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Yeary, Michelle)
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Filing 2116
TRANSCRIPT OF PROCEEDINGS held on August 24, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/15/2017. Redacted Transcript Deadline set for 9/25/2017. Release of Transcript Restriction set for 11/24/2017. (Cox, Carolyn)
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Filing 2115
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 8/24/2017. (1) All unresolved items on the agenda discussed. (2) Additional bellwether jury trials for AbbVie cases are set for 5/7/2018 and 6/4/2018. (3) Simultaneous proposals regarding the sequence of the bellwether trials of Auxilium cases are due by the close of business of 9/13/2017. (4) The parties advise that they will submit a proposed revised summary judgment and Daubert briefing schedule on the Eli Lilly cases, subject to the Court's consideration and approval. (5) The parties are to confer and submit a proposed schedule regarding the "mixed use" cases consistent with the Court's comments. (6) Each sides' responses to post trial motions on the Mitchell case are to be filed by 10/18/2017; replies are to be filed by 11/8/2017. Responses and replies are to address the issue of an inconsistency in the jury's verdict. (7) Regarding the Allied Services case, No. 15 C 9525, the stay is lifted. Plaintiff has until 9/21/2017 to either file an amended complaint or to advise the Court that an amended complaint will not be filed. The response deadline will be discussed at the next CMC for Medical Mutual of Ohio case. (8) Regarding the Konrad case, any motions to strike the two supplemental defense expert reports referenced in the parties' joint status report are due by 8/31/2017; responses are due by 9/7/2017. (9) The next case management conference remains set for 10/5/2017 at 1:30 p.m., with an additional case management conference being set for 11/30/2017 at 1:30 p.m. Mailed notice. (pjg, )
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Filing 2114
ATTORNEY Appearance for Defendants Actavis Inc., Watson Laboratories, Inc., Actavis PLC, Actavis Pharma, Inc., Actavis, Inc., Anda Inc., Watson Laboratories, Inc., Watson Pharmaceuticals, Inc. by Melissa Yaffa Lerner (Lerner, Melissa)
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Filing 2113
CASE MANAGEMENT ORDER NO. 65 (rulings on motions to strike affirmative defenses in Owens v. Auxilium Pharms, Inc., Case No. 14 C 5180 and Holtsclaw v. Auxilium Pharms, Inc., Case No. 15 C 3941), signed by the Honorable Matthew F. Kennelly on 8/24/2017. (mk)
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Filing 2112
Plaintiffs' MEMORANDUM in Support of Bill of Costs (Mitchell, 14-cv-9178) (Smith, Brendan) Docket text modified on 8/24/2017 (ags, ).
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Filing 2111
BILL of Costs (Attachments: #1 Declaration of Troy Rafferty, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Smith, Brendan)
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Filing 2110
MINUTE entry before the Honorable Matthew F. Kennelly: : Time for hearing on plaintiffs' motion to alter or amend is reset to the case management conference at 1:30 PM on 8/24/2017. (mk)
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Filing 2109
MINUTE entry before the Honorable Matthew F. Kennelly: The date for presentment of the motions regarding the Mitchell case that defendant AbbVie noticed for 8/29/2017 is advanced to the case management conference on 8/24/2017, at 1:30 PM. (mk)
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Filing 2108
EXHIBIT B [REVISED] - Multiple Defendants regarding notice of motion, #2098 (Holian, Matthew)
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Filing 2107
EXHIBIT B [REVISED] - Multiple Defendants regarding MOTION by Defendants Pfizer Inc., Pharmacia & Upjohn Company LLC to dismiss Joint Motion for Dismissals and Entry of Final Judgments and Partial Final Judgments Pursuant to Amended CMO 19B #2097 (Holian, Matthew)
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Filing 2106
MINUTE entry before the Honorable Matthew F. Kennelly: Lead counsel and other trial counsel who will be present for the case management conference on 8/24/2017 are requested to appear in chambers at 1:10 PM on that date for a pretrial /scheduling conference in advance of the case management conference. (mk)
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Filing 2105
STATUS Report (Joint) for the August 24, 2017 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Smith, Brendan)
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Filing 2104
Joint Agenda for the August 24, 2017 Case Management Conference (Smith, Brendan)
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Filing 2103
NOTICE of Motion by Brendan A Smith for presentment of motion to alter judgment, #2102 before Honorable Matthew F. Kennelly on 8/24/2017 at 09:00 AM. (Smith, Brendan)
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Filing 2102
MOTION to alter judgment Plaintiff's Motion to Amend Judgment to Conform the Damages to the Undisputed Evidence or in the Alternative for a New Trial on Compensatory Damages (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Smith, Brendan)
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Filing 2101
MOTION to strike the Punitive Damages Award and Enter Judgment for AbbVie as a Matter of Law Pursuant to Rule 59(e) or, in the Alternative, Rule 59(b), and Memorandum of Law in Support (Yeary, Michelle)
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Filing 2100
Defendants' NOTICE of Motion by Michelle H. Yeary for presentment of motion for leave to file excess pages #2099 before Honorable Matthew F. Kennelly on 8/29/2017 at 09:30 AM. (Yeary, Michelle)
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Filing 2099
MOTION for leave to file excess pages (Yeary, Michelle)
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Filing 2098
JOINT NOTICE of Motion by Matthew Aaron Holian for presentment of motion to dismiss, #2097 before Honorable Matthew F. Kennelly on 8/29/2017 at 09:30 AM. (Attachments: #1 Exhibit A - Cases With Pfizer Inc. and/or Pharmacia & Upjohn Company LLC Defendants Only, #2 Exhibit B - Cases With Multiple Defendants)(Holian, Matthew)
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Filing 2097
MOTION by Defendants Pfizer Inc., Pharmacia & Upjohn Company LLC to dismiss Joint Motion for Dismissals and Entry of Final Judgments and Partial Final Judgments Pursuant to Amended CMO 19B (Attachments: #1 Exhibit A - Pfizer Inc. and/or Pharmacia & Upjohn Company LLC Defendants Only, #2 Exhibit B - Multiple Defendants, #3 Certificate of Service)(Holian, Matthew)
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Filing 2096
STIPULATION (Attachments: #1 Exhibit 1)(Solow, Andrew)
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Filing 2095
Joint Dismissal List Pursuant CMO 26 (Smith, Brendan)
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Filing 2094
NOTICE of Motion by Jeffrey Daniel Geoppinger for presentment of motion to withdraw #2093 before Honorable Matthew F. Kennelly on 8/24/2017 at 01:30 PM. (Geoppinger, Jeffrey)
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Filing 2093
MOTION to withdraw Victoria J. Langton as Counsel on behalf of Actavis, Inc., Actavis Laboratories UT, Inc., Actavis Pharma, Inc., and Anda, Inc. (Geoppinger, Jeffrey)
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Filing 2092
NOTICE of Motion by Meghan C. Quinlivan for presentment of motion to withdraw as attorney #2091 before Honorable Matthew F. Kennelly on 8/24/2017 at 01:30 PM. (Quinlivan, Meghan)
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Filing 2091
MOTION by Attorney Rick David Bailey to withdraw as attorney. No party information provided (Attachments: #1 Exhibit A)(Quinlivan, Meghan)
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Filing 2090
MINUTE entry before the Honorable Matthew F. Kennelly: The Court clarifies minute entry #2089 . The previously set case management conference will still be held on 8/24/2017 at 1:30 p.m. An additional case management conference is set for 10/5/2017 at 1:30 p.m. Mailed notice. (pjg, )
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Filing 2089
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, because the current year's appointments to the plaintiffs' steering committee expire on 10/15/2017, applications for reappointment are to be filed by 9/22/2017. No case management conference will be held in September 2017 due to the bellwether trial that will begin on 9/18/2017. The next case management conference is set for 10/5/2017 at 1:30 pm, which should fall at about the end of the bellwether trial. Mailed notice. (pjg, )
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Filing 2088
LETTER to Judge Kennelly re Jury Instructions and Verdict Form (Attachments: #1 Exhibit, #2 Exhibit)(Yeary, Michelle)
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Filing 2087
ATTORNEY Appearance for Defendants Actavis PLC, Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Watson Laboratories Inc., Watson Pharmaceuticals, Inc. by Redi Kasollja (Kasollja, Redi)
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Filing 2086
MINUTE entry before the Honorable Matthew F. Kennelly: As indicated in an entry made earlier today, the Court has been going through the most recent "dismissal lists" submitted in May 2017. It has come across a number of significant errors, for example, cases in which the list says a stipulation for dismissal was filed but there is actually none on the docket, and cases in which the list says that the dismissal concerns only some defendants but examination of the stipulation for dismissal reflects that it disposes of the whole case. In addition (to be fair, partly due to the Court's delay in addressing partial dismissals), there are cases in which the list reflects a stipulation for dismissal of only some defendants, but the intervening dismissals of the Pfizer defendants means that the stipulation will actually dispose of the remainder of the case. For this reason, the Court directs counsel for both sides to "scrub" the May 2017 lists and submit, by August 4, 2017, revised lists that are entirely accurate and, in particular, accurately describe whether the dismissal will result in dismissal of all remaining defendants. The revised lists must be verified by signature by an attorney for each side. The Court advises counsel to wait until Monday, July 24 to begin the scrub, because there are a number of entire-case dismissals from the list that are in the pipeline that should all be entered by Friday, July 21. This will eliminate many cases from the list, thus simplifying the parties' task. (mk)
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Filing 2085
MINUTE entry before the Honorable Matthew F. Kennelly: The Court is in the process of reviewing the agreed and non-agreed "dismissal lists" most recently provided by the parties, which were provided in mid-May 2017, and attempting to catch up. The Court has identified, so far, two cases on the agreed dismissal list for which the list represents there is a stipulation of dismissal on file but in fact no such stipulation appears on the docket: Case No. 1:16-cv-1391, and Case No. 1:14-cv-10075. These cases are to be removed from future lists. (mk)
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Filing 2084
REQUEST for Clerk of Court to refund filing fee in the amount of 505.00, receipt no. 0752-13191572, regarding notice of appeal #934 (Smith, Brendan)
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Filing 2083
CONDITIONAL TRANSFER ORDER (CTO-101) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (jjr, )
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Filing 2082
MOTION for judgment as a Matter of Law Pursuant to Federal Rule of Civil Procedure 50(A), and Memorandum in Support (Yeary, Michelle)
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Filing 2081
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw as attorney #2061 is granted. The Clerk is directed to terminate Attorney Anna Katherine Higgins as counsel for plaintiff on all cases on Exhibit A attached to motion to withdraw #2061 and remove her from all service lists. The 7/18/2107 hearing date is vacated. Mailed notice. (pjg, )
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Filing 2080
LETTER to Judge Kennelly re Mitchell Testimony (Yeary, Michelle) Modified on 7/17/2017 (ags, ).
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Filing 2079
STATUS Report (Joint) Regarding Proposals for Mixed-Use Cases by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Smith, Brendan)
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Filing 2078
STIPULATION TO FILE FIRST AMENDED COMPLAINT (Abrams, Rachel)
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Filing 2077
CASE MANAGEMENT ORDER NO. 64 (Ruling on motion for reconsideration of Daubert ruling concerning Dr. Ardehali's testimony), signed by the Honorable Matthew F. Kennelly on 7/11/2017. (mk)
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Filing 2076
ATTORNEY Appearance for Defendants Eli Lilly and Company, Lilly USA, LLC by David Edward Stanley (Attorney Appearance Form for Michael J. Salimbene, PA Bar ID Number 209664) (Stanley, David)
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Filing 2075
MEMORANDUM of Law in Support of Plaintiffs' Response in Opposition to Motion for Reconsideration (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit B-3, #5 Exhibit C, #6 Exhibit D)(Robins, Bill)
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Filing 2074
CASE MANAGEMENT ORDER NO. 63 (Briefing of dispositive and Daubert motionsfor Auxilium bellwether trial cases), signed by the Honorable Matthew F. Kennelly on 7/6/2017. (mk)
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Filing 2073
MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion for reconsideration #2066 due by 7/8/2017. Mailed notice. (pjg, )
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Filing 2072
ATTORNEY Appearance for Plaintiffs Jesse Mitchell, Kimberly Mitchell by Stephanie O'Connor (O'Connor, Stephanie)
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Filing 2071
MINUTE entry before the Honorable Matthew F. Kennelly: The final pretrial conference for the third AbbVie-only bellwether case, which is set for trial on 9/18/2017, is set for 9/13/2017 at 3:00 pm. The final pretrial conference for the first Auxilium-only bellwether case, which is set for trial on 11/6/2017, is set for 11/2/2017 at 3:00 pm. Mailed notice. (pjg, )
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Filing 2070
Exhibit List Joint Notice of Filing of First Amended Exhibit Lists by Plaintiffs' Steering Committee. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rafferty, Troy)
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Filing 2069
Letter from David Bernick regarding objections and comments on the Courts proposed preliminary instructions (Yeary, Michelle)
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Filing 2068
PROPOSED Jury Instructions by Plaintiffs' Steering Committee (Attachments: #1 Exhibit Preliminary Instructions to the Jury)(Rafferty, Troy)
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Filing 2067
NOTICE of Motion by Michelle H. Yeary for presentment of motion for reconsideration #2066 before Honorable Matthew F. Kennelly on 7/6/2017 at 09:30 AM. (Yeary, Michelle)
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Filing 2066
MOTION for reconsideration (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Yeary, Michelle)
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Filing 2065
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13339554. Viner, Olga (Robins, Bill)
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Filing 2064
SEALED DOCUMENT PSC's Sealed Document Related to Dkt. No. 2063 (Canzler) (Attachments: #1 Exhibit C)(Robins, Bill)
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Filing 2063
NOTICE of Filing of Deposition Designations (Canzler) (Attachments: #1 Exhibit A, #2 Exhibit B)(Rafferty, Troy)
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Filing 2062
NOTICE of Motion by Anna Katherine Higgins for presentment of motion to withdraw as attorney #2061 before Honorable Matthew F. Kennelly on 7/18/2017 at 09:30 AM. (Attachments: #1 Exhibit)(Higgins, Anna)
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Filing 2061
MOTION by Attorney Anna Higgins to withdraw as attorney. No party information provided (Attachments: #1 Exhibit)(Higgins, Anna)
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Filing 2060
STATUS Report / JOINT STATUS REPORT REGARDING PROPOSAL FOR BRIEFING OF DISPOSITIVE AND DAUBERT MOTIONS FOR AUXILIUM BELLWETHER TRIALS by Auxilium Pharmaceuticals, Inc., Endo Pharmaceuticals Inc., GlaxoSmithKline LLC (Solow, Andrew)
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Filing 2059
NOTICE of Filing of Deposition Designations - Chelsky (Attachments: #1 Exhibit A, #2 Exhibit B)(Yeary, Michelle)
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Filing 2058
TRANSCRIPT OF PROCEEDINGS held on June 28, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/20/2017. Redacted Transcript Deadline set for 7/31/2017. Release of Transcript Restriction set for 9/27/2017. (Cox, Carolyn)
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Filing 2057
TRANSCRIPT OF PROCEEDINGS held on June 22, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/20/2017. Redacted Transcript Deadline set for 7/31/2017. Release of Transcript Restriction set for 9/27/2017. (Cox, Carolyn)
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Filing 2056
SEALED DOCUMENT PSC's Sealed Document Related to Dkt. No. 2052 (Juliano) (Attachments: #1 Exhibit C)(Robins, Bill)
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Filing 2055
SEALED DOCUMENT PSC's Sealed Document Related to Dkt. No. 2053 (Canzler) (Attachments: #1 Exhibit C)(Robins, Bill)
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Filing 2054
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held with attorneys for all parties. Due date for status report regarding proposal for mixed-use cases is extended to 7/13/17. No further extensions will be allowed. Mailed notice. (pjg, )
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Filing 2053
NOTICE of Filing of Deposition Designations (Canzler) (Attachments: #1 Exhibit A, #2 Exhibit B)(Rafferty, Troy)
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Filing 2052
NOTICE of Filing of Deposition Designations - Juliano (Attachments: #1 Exhibit A, #2 Exhibit B)(Rafferty, Troy)
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Filing 2051
SEALED DOCUMENT PSC's Sealed Document Related to Dkt. No. 2050 (Oliver) (Attachments: #1 Exhibit C)(Robins, Bill)
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Filing 2050
NOTICE of Filing of Deposition Designations - Oliver (Attachments: #1 Exhibit A, #2 Exhibit B)(Robins, Bill)
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Filing 2049
SEALED DOCUMENT PSC's Sealed Document Related to Dkt. No. 2048 (Peet) (Attachments: #1 Exhibit C)(Robins, Bill)
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Filing 2048
NOTICE of Filing of Deposition Designations - Peet (Attachments: #1 Exhibit A, #2 Exhibit B)(Robins, Bill)
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Filing 2047
SEALED DOCUMENT PSC's Sealed Document Related to Dkt. No. 2046 (Adams) (Attachments: #1 Exhibit C)(Robins, Bill)
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Filing 2046
NOTICE of Filing of Deposition Designations - Adams (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Robins, Bill)
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Filing 2045
Joint Submission of Proposed Amended Preliminary Jury Instructions Re: Mitchell, 14-cv-9178 (Attachments: #1 Exhibit A)(Robins, Bill)
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Filing 2044
NOTICE -- Joint Notice of Filing of Final Exhibit Lists (Mitchell) (Attachments: #1 Exhibit A, #2 Exhibit B)(Rafferty, Troy)
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Filing 2043
NOTICE of Filing of Plaintiffs' Final Witness List (Mitchell) (Rafferty, Troy)
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Filing 2042
ATTORNEY Appearance for Plaintiff Jesse Mitchell by Bill Robins, III (Robins, Bill)
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Filing 2041
SEALED DOCUMENT PSC's Sealed Document Related to Dkt. No. 2040 (Storey) (Attachments: #1 Exhibit C)(Miracle, Trent)
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Filing 2040
NOTICE of Filing of Deposition Designations - Storey (Attachments: #1 Exhibit A, #2 Exhibit B)(Rafferty, Troy)
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Filing 2039
SEALED DOCUMENT PSC's Sealed Document Related to Dkt. No. 2038 (Comer) (Attachments: #1 Exhibit C, #2 Exhibit D)(Miracle, Trent)
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Filing 2038
NOTICE of Filing of Deposition Designations - Comer (Attachments: #1 Exhibit A, #2 Exhibit B)(Rafferty, Troy)
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Filing 2037
SEALED DOCUMENT PSC's Sealed Document Related to Dkt. No. 2036 (Hynd) (Attachments: #1 Exhibit C)(Miracle, Trent)
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Filing 2036
NOTICE of Filing of Deposition Designations - Hynd (Attachments: #1 Exhibit A, #2 Exhibit B)(Rafferty, Troy)
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Filing 2035
NOTICE of Filing of Deposition Designations (Attachments: #1 Exhibit A, #2 Exhibit B)(Rafferty, Troy)
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Filing 2034
MINUTE entry before the Honorable Matthew F. Kennelly: The Court having previously ordered a status report regarding mixed-use cases to be filed by 6/26/2017, the last sentence of the order of 6/22/2017 (dkt. 2030) is stricken. That deadline, however, is extended to 6/29/2017. Mailed notice. (pjg, )
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Filing 2032
CASE MANAGEMENT ORDER NO. 62 (Order Selecting Two Lilly Bellwether Trial Cases), signed by the Honorable Matthew F. Kennelly on 6/22/2017. (mk)
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Filing 2031
MINUTE entry before the Honorable Matthew F. Kennelly: With regard to the Auxilium bellwether trials, in particular the trial set for 11/6/2017, the Court remains concerned regarding the short interval between the date on which summary judgment and Daubert motions will be fully briefed and the trial date. With this in mind, the Court intends to set strict overall page limits for the briefs to be filed on each side's summary judgment and Daubert motions. The PSC and counsel for Auxilium are directed to confer and are to submit a joint status report including proposed page limits and the rationale for each side's proposal or any joint proposal, by no later than 6/30/2017. (mk)
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Filing 2030
MINUTE entry before the Honorable Matthew F. Kennelly: The next MDL case management conference is set for 8/24/2017 at 1:30 PM. A proposed agenda and joint status report is to be filed by no later than 8/21/2017. In addition to any other appropriate topics, counsel should be prepared to set at that time (unless the Court does so sooner) the dates for the remaining AbbVie-only bellwether trials, for dates starting in May 2018. In addition, counsel are directed to confer and present a plan to the Court, to be included in the joint status report, for dealing with mixed-use cases, including a plan for selecting bellwether cases for discovery and trial purposes. (mk)
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Filing 2033
ORDER: Amended motion to substitute counsel #2028 is granted. Attorneys Danny Snellings and Mekel Alvaraz are withdrawn as attorneys of record on cases on Exhibit A, and AttorneyMekel Alvaraz is withdrawn as attorney of record on cases listed on Exhibit B. Attorneys Richard L. Root and John Enochs are substituted as counsel for plaintiffs, with Attorney John Enochs being designated as lead counsel, in the cases referenced in Exhibits A and B attached. Signed by the Honorable Matthew F. Kennelly on 6/21/2017. Mailed notice (rp, )
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Filing 2029
NOTICE of Filing of Deposition Designations (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rafferty, Troy)
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Filing 2028
Amended Motion to substitute counsel (Attachments: #1 Exhibit, #2 Exhibit, #3 Certificate of Service, #4 Text of Proposed Order)(Root, Richard) Modified text on 6/21/2017 (pjg, ).
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Filing 2027
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to file plaintiffs' amended motion to substitute #2020 is granted. Separate order to follow. (pjg, )
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Filing 2026
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to compel regarding Mohit Khera, M.D. #1989 is withdrawn. (mk)
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Filing 2025
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearings held on 6/16/2017 regarding Auxulium bellwether trial schedule (see dkt. 2016) and proposal for mini-summations for the next AbbVie bellwether trial (see dkt. 2018). An order has been separately entered regarding the Auxilium bellwether trial schedule. With regard to the mini-summations issue, the Court takes the parties' comments under advisement and will make a determination within the next several days. Finally, the parties' final witness lists, their submissions regarding proposed preliminary jury instructions, and any other case-specific for the next AbbVie bellwether trial are to be filed by 6/26/2017. The parties may also begin submitting deposition designations and objections for that trial by that date (or earlier) but are advised that the time spent by the Court dealing with objections will, as previously ordered, count against the parties' trial time allocations. (mk)
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Filing 2024
CASE MANAGEMENT ORDER # 61 (revised schedule for Auxilium bellwether trials), signed by the Honorable Matthew F. Kennelly on 6/16/2017. Counsel should note the changes made by the Court to paragraphs 10 and 11(a). (mk)
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Filing 2023
NOTICE of Motion by Brendan A Smith for presentment of motion to withdraw, motion for relief #2022 before Honorable Matthew F. Kennelly on 6/22/2017 at 09:00 AM. (Smith, Brendan)
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Filing 2022
MOTION to withdraw motion to compel #1989 Joint Motion to Withdraw Motions to Compel and Quash Concerning Dr. Khera (Smith, Brendan)
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Filing 2021
NOTICE of Motion by Richard Lee Root for presentment of motion for leave to file #2020 before Honorable Matthew F. Kennelly on 6/21/2017 at 09:30 AM. (Root, Richard)
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Filing 2020
MOTION for leave to file (Attachments: #1 Exhibit Corrected Exhibit A, #2 Exhibit Corrected Exhibit B, #3 Text of Proposed Order, #4 Certificate of Service)(Root, Richard)
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Filing 2019
MINUTE entry before the Honorable Matthew F. Kennelly: (This order concerns Case No. 1:16-cv-4207, Brown v. AbbVie, Inc.) Plaintiff's motion to substitute party and amend complaint #1930 is granted. (mk)
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Filing 2018
MINUTE entry before the Honorable Matthew F. Kennelly: As the Court advised trial counsel after declaring a mistrial earlier today in the Konrad case (No. 15-cv-966), the overall time allocation for the trial to begin on July 5 is reduced by approximately one trial day, to a total of 78 hours, 39 per side. This is based on the Court's observation of four and one-half days of trial in the Konrad case and its understanding of the issues and the evidence in the case that is next up in the AbbVie bellwether schedule, the Mitchell case (No. 14-cv-9178). The Court also proposed permitting each side to use part of its allocation to make mini-summations at appropriate intervals (to be determined) during the trial and directs counsel to consider and confer about this. A telephone status conference is set for 6/16/2017 at 9:15 AM to discuss this and any other procedural or logistical issues relating to the July 5 trial. Counsel are to set up a call-in conference number and are to provide it to chambers by 12:00 noon on 6/15/2017. (mk)
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Filing 2017
MINUTE entry before the Honorable Matthew F. Kennelly: The request for an extension to June 12, 2017 to make their Lilly bellwether trial selections is granted. (mk)
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Filing 2016
MINUTE entry before the Honorable Matthew F. Kennelly: A telephone scheduling conference regarding the Auxilium bellwether trial schedule and the recently-submitted proposed modification of that schedule is set for 6/16/2017 at 8:45 AM. One of plaintiffs' lead counsel and lead counsel for Auxilium are to participate, and one of them should set up a call-in number and provide it to the Court by 6/15/2017 at 12:00 noon. Given its experience with briefing and decision of summary judgment and Daubert motions regarding the AbbVie cases, the Court has serious concern regarding the very short interval between the briefing of those motions in the Auxilium cases and the first Auxilium bellwether trial as well as the shorter interval between the briefing of those motions and the anticipated ruling date. The Court directs counsel, in advance of the conference, to discuss the possibility of moving up the briefing schedule on these motions. Counsel should also be prepared to discuss the anticipated nature of any summary judgment and Daubert motions that they expect to file. The Court defers entry of the proposed modified Auxilium bellwether trial scheduling order pending the telephone conference. (mk)
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Filing 2015
Joint Stipulation to Submit Proposals for the Court's Selection of the Initial Axiron Bellwether Trial Cases (Smith, Brendan)
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Filing 2014
ATTORNEY Appearance for Defendant AbbVie Inc. by Yahonnes S Cleary (Cleary, Yahonnes)
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Filing 2013
ATTORNEY Appearance for Defendant AbbVie Inc. by Crystal Lohmann Parker (Parker, Crystal)
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Filing 2012
Letter from Michelle Yeary enclosing proposal for a Jury Instruction on the role of the FDA (Attachments: #1 Exhibit)(Yeary, Michelle)
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Filing 2011
Plaintiffs' Proposed Preliminary Jury Instruction Regarding FDA (Smith, Brendan)
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Filing 2010
MINUTE entry before the Honorable Matthew F. Kennelly: Applications to appear pro hac vice #1984 and #1986 are granted. The Court directs counsel to establish e-filing accounts in this district. Mailed notice. (pjg, )
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Filing 2009
CERTIFIED copy of order dated 6/7/2017 from the 7th Circuit regarding notice of appeal #1934 ; Appellate case no.: 17-2056; Upon consideration of the VOLUNTARY DISMISSAL, filed on May 26, 2017, by counsel for the appellants, IT IS ORDERED that this appeal is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b), only as to the appellants listed in the motion. This appeal remains active as to the other parties. (sxb, )
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Filing 2008
MANDATE of USCA dated 6/7/2017 regarding notice of appeal #1934 ;USCA No.17-2056 ; Record to be returned at a later date. (sxb, )
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Filing 2007
SEALED DOCUMENT Re: DE 2006 (Marty Comer) (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D)(Miracle, Trent)
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Filing 2006
Letter From Christopher A. Seeger re: Marty Comer Designations (Attachments: #1 Exhibit E, #2 Exhibit F)(Seeger, Christopher)
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Filing 2005
SEALED DOCUMENT Re: D.E. 2004 (Michael Miller) (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D)(Miracle, Trent)
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Filing 2004
Letter From Christopher A. Seeger Re: Michael Miller Designations (Attachments: #1 Exhibit E, #2 Exhibit F)(Seeger, Christopher)
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Filing 2003
STIPULATION of Dismissal with Prejudice (Abrams, Rachel)
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Filing 2002
STIPULATION of Dismissal with Prejudice (Abrams, Rachel)
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Filing 2001
ATTORNEY Appearance for Respondent Mohit Khera by E. Burrus (Burrus, E.)
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Filing 2000
MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion to compel regarding Mohit Khera, M.D. (which was filed in this Court on 6/2/17) is to be filed by 6/16/2017. Reply to response is to be filed by 6/26/2017. The PSC is directed to immediately communicate this order to counsel for Dr. Khera. (mk)
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Filing 1999
SEALED DOCUMENT Re: D.E. 1998 (Letter from Chris Seeger re: Conradt) (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D)(Miracle, Trent)
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Filing 1998
Letter from Christopher A. Seeger Regarding Christian Conradt (Attachments: #1 Exhibit E, #2 Exhibit F)(Miracle, Trent)
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Filing 1997
NOTICE Joint Notice of Filing of First Amended Final Exhibit Lists (Attachments: #1 Exhibit A - Plaintiffs Final Amended Exhibit List, #2 Exhibit B - Defendants Final Amended Exhibit List)(Seeger, Christopher)
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Filing 1996
MINUTE entry before the Honorable Matthew F. Kennelly: The hearing on defendants' motion to certify for interlocutory appeal is entered and continued until the end or near the end of the current trial in Konrad v. AbbVie. (mk)
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Filing 1995
NOTICE Joint Notice of Filing of Final Exhibit Lists (Attachments: #1 Exhibit A - Plaintiffs' Exhibit List, #2 Exhibit B - Defendants' Exhibit List)(Seeger, Christopher)
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Filing 1994
PSC's NOTICE of Motion by Brendan A Smith for presentment of motion to compel #1989 before Honorable Matthew F. Kennelly on 6/13/2017 at 09:30 AM. (Smith, Brendan)
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Filing 1993
Letter From Christopher A. Seeger Regarding Hynd Designations (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Seeger, Christopher)
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Filing 1992
CASE MANAGEMENT ORDER NO. 60 (Rulings regarding punitive damages bifurcation and admissibility of fact testimony from witnesses designated as experts by AbbVie), signed by the Honorable Matthew F. Kennelly on 6/4/2017. (mk)
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Filing 1991
WITNESS List by Plaintiffs' Steering Committee (Seeger, Christopher)
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Filing 1990
Memorandum of Law in Support of PSC's Motion to Compel Production of Documents and Deposition Dates Pursuant to Subpoena Served on Mohit Khera, M.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Smith, Brendan)
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Filing 1989
MOTION to compel production of documents and deposition dates pursuant to subpoena served on Mohit Khera, M.D. (Smith, Brendan)
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Filing 1988
NOTICE Letter (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Seeger, Christopher)
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Filing 1987
PROPOSED Jury Instructions by AbbVie Inc., Abbott Laboratories (Yeary, Michelle)
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Filing 1986
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13237716. (Cleary, Yahonnes)
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Filing 1985
PROPOSED Jury Instructions by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A)(Smith, Brendan)
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Filing 1984
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13235548. (Parker, Crystal)
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Filing 1983
Letter from Michelle Yeary Regarding Dr. Dobs and Dr. Miner (Yeary, Michelle)
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Filing 1982
TRANSCRIPT OF PROCEEDINGS held on May 31, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/22/2017. Redacted Transcript Deadline set for 7/3/2017. Release of Transcript Restriction set for 8/30/2017. (Cox, Carolyn)
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Filing 1981
TRANSCRIPT OF PROCEEDINGS held on May 25, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/22/2017. Redacted Transcript Deadline set for 7/3/2017. Release of Transcript Restriction set for 8/30/2017. (Cox, Carolyn)
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Filing 1980
Plaintiffs' Final Witness List in Konrad, 15-cv-966 (Smith, Brendan)
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Filing 1979
Letter from Christopher A. Seeger Regarding Dr. Dobs and Dr. Miner (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Smith, Brendan)
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Filing 1978
WITNESS List by AbbVie Inc., Abbott Laboratories (Yeary, Michelle)
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Filing 1977
MINUTE entry before the Honorable Matthew F. Kennelly: The joint motion for dismissals and entry of final judgments and partial final judgments #1957 has been ruled upon by the Court, so the hearing date of 6/1/2017 is vacated. (mk)
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Filing 1975
NOTICE of Motion by Michelle H. Yeary for presentment of motion for miscellaneous relief #1974 before Honorable Matthew F. Kennelly on 6/6/2017 at 09:30 AM. (Yeary, Michelle)
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Filing 1974
MOTION to Certify Order for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b), and Memorandum in Support (Yeary, Michelle)
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Filing 1973
PSC's Exhibit List and Exhibits for Proffer re: Percipient Testimony (D.E. 1963) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Smith, Brendan)
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Filing 1972
MINUTE entry before the Honorable Matthew F. Kennelly: This matter, including the Konrad and Mitchell cases, is set for a hearing on May 31, 2017 at 3:30 PM. The Court has questions regarding the proffers filed by the parties on May 27 and May 29 regarding certain witnesses and the matter of punitive damages. If counsel who will be presenting argument on each side are already in Chicago, the hearing will be conducted in person. If not, it will be conducted by telephone. If conducted by telephone, for logistical reasons only one attorney per side will be permitted to address the issues raised, and counsel are requested to set up and provide a call-in number to the Court and to counsel who are directly involved (this will not be broadcast, and counsel are directed to take the necessary steps to avoid interruptions by persons calling in to listen). Counsel are to jointly advise Judge Kennelly's courtroom deputy by 3:00 PM today (May 30) whether they will appear in person or by telephone. (mk)
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Filing 1971
SEALED DOCUMENT re: D.E. 1962 (PSC's Proffer re: Punitive Damages) (Attachments: #1 Exhibit 6, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 11, #7 Exhibit 12, #8 Exhibit 13, #9 Exhibit 14, #10 Exhibit 15, #11 Exhibit 16, #12 Exhibit 17, #13 Exhibit 18, #14 Exhibit 19, #15 Exhibit 20, #16 Exhibit 21, #17 Exhibit 22, #18 Exhibit 23, #19 Exhibit 24, #20 Exhibit 25, #21 Exhibit 26, #22 Exhibit 27, #23 Exhibit 30, #24 Exhibit 31, #25 Exhibit 32, #26 Exhibit 33, #27 Exhibit 34, #28 Exhibit 35)(Miracle, Trent)
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Filing 1968
PSC's Exhibit List and Exhibits for Proffer re: Punitive Liability (D.E. 1962) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 28, #7 Exhibit 29)(Smith, Brendan)
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Filing 1967
Response to Plaintiffs' Proffer regarding the Case Against AbbVie for Punitive Liability (Yeary, Michelle)
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Filing 1966
CASE MANAGEMENT ORDER NO. 59 (rulings on omnibus motions in limine in AbbVie bellwether cases and case-specific motions in limine in Konrad v. AbbVie, Inc., Case No. 15 C 966 and Mitchell v. AbbVie, Inc., Case No. 14 C 9178), signed by the Honorable Matthew F. Kennelly on 5/29/2017. (mk)
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Filing 1965
Response to Plaintiffs' Proffer of Percipient Testimony of Certain Experts Designated by AbbVie (Attachments: #1 Exhibit)(Yeary, Michelle)
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Filing 1964
NOTICE re other #1962 Filing Exhibits (Smith, Brendan)
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Filing 1963
PLAINTIFFS PROFFER OF PERCIPIENT TESTIMONY OF CERTAIN EXPERTS DESIGNATED BY ABBVIE (Smith, Brendan)
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Filing 1962
PLAINTIFFS PROFFER REGARDING THE CASE AGAINST ABBVIE FOR PUNITIVE LIABILITY (Smith, Brendan)
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Filing 1970
CASE MANAGEMENT ORDER NO. 58 - order of dismissal as to cases naming Pfizer Inc., Pharmacia & Upjohn Compapny LLC, and additional co-defendants pursuant to case management order no. 19B (amended) signed by the Honorable Matthew F. Kennelly on 5/26/2017. (pjg, )
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Filing 1969
CASE MANAGEMENT ORDER NO. 57 - order of dismissal as to cases naming Pfizer Inc. and Pharmacia & Upjohn Company LLC only pursuant to case management order no. 19B (amended) signed by the Honorable Matthew F. Kennelly on 5/26/2017. (pjg, )
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Filing 1976
MAIL RETURNED, for document #1863 sent to James R. Browne returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form. (ph, )
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Filing 1961
JOINT NOTICE of Motion by Matthew Aaron Holian for presentment of motion to dismiss, #1957 before Honorable Matthew F. Kennelly on 6/1/2017 at 09:30 AM. (Attachments: #1 Exhibit A - Cases With Pfizer Inc. and/or Pharmacia & Upjohn Company LLC Defendants Only, #2 Exhibit B - Cases With Multiple Defendants)(Holian, Matthew)
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Filing 1960
MINUTE entry before the Honorable Matthew F. Kennelly: The record is corrected to reflect that this afternoon's final pretrial conference concerns not just the Konrad case (15-cv-996) but also the Mitchell case (14-cv-9178). (mk)
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Filing 1959
Exhibits to Defendants' Response to Plaintiffs' Steering Committee's Omnibus Motion in Limine (Yeary, Michelle)
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Filing 1958
MINUTE entry before the Honorable Matthew F. Kennelly: AbbVie's motion to seal docket entry 1938-1 permanently is granted #1953 . The Clerk is directed to place docket entry 1938-1 under seal. The motion of Ann Marie Byrd to withdraw as counsel for Pfizer and Pharmacia & Upjohn is granted #1935 . The 9:30 hearing time on both motions is vacated. (pjg, )
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Filing 1957
MOTION by Defendants Pfizer Inc., Pharmacia & Upjohn Company LLC to dismiss Joint Motion for Dismissals and Entry of Final Judgments and Partial Final Judgments Pursuant to Amended CMO 19B (Attachments: #1 Exhibit A - Pfizer Inc. and/or Pharmacia & Upjohn Company LLC Defendants Only, #2 Exhibit B - Multiple Defendants)(Holian, Matthew) .
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Filing 1956
MINUTE entry before the Honorable Matthew F. Kennelly: AbbVie's motion for leave to file instanter response to PSC's proposal #1947 is denied. (mk)
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Filing 1955
LETTER from Christopher A. Seeger Regarding D.E. 1916-3 and 1917-3 (Smith, Brendan) (Docket Text Modified on 5/24/2017 by Clerk's Office)(eaa, ).
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Filing 1954
NOTICE of Motion by Michelle H. Yeary for presentment of motion to seal document #1953 before Honorable Matthew F. Kennelly on 5/25/2017 at 09:30 AM. (Yeary, Michelle)
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Filing 1953
MOTION to seal document (Yeary, Michelle) Modified on 5/24/2017 (pjg, ).
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Filing 1952
CASE MANAGEMENT ORDER NO. 56 (Deadline for Pleading Affirmative Defenses with Particularity in Non-AbbVie Bellwether Trial Cases), signed by the Honorable Matthew F. Kennelly on 5/23/2017. (mk)
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Filing 1951
Joint Proposed Case Management Order No. 56 (Deadline for Pleading Affirmative Defenses with Particularity in Non-AbbVie Bellwether Trial Cases) (Smith, Brendan)
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Filing 1950
STATUS Report (Joint) Regarding Replenishment of AbbVie-Only Bellwether Trial Pool by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 1949
CASE MANAGEMENT ORDER NO. 55 (defenses of statutes of limitations and repose in Konrad v. AbbVie, Inc., Case No. 15 C 966), signed by the Honorable Matthew F. Kennelly on 5/22/2017. (mk)
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Filing 1948
NOTICE of Motion by Michelle H. Yeary for presentment of motion for leave to file #1947 before Honorable Matthew F. Kennelly on 5/25/2017 at 09:30 AM. (Yeary, Michelle)
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Filing 1947
MOTION for leave to file Instanter Response to the PSC's Proposal for Trying the Konrad Case (Attachments: #1 Exhibit)(Yeary, Michelle)
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Filing 1946
ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #1934 ; USCA Case No. 17-2056 (mc, )
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Filing 1945
TRANSMITTED to the 7th Circuit the short record on notice of appeal #1934 . Notified counsel (ek, )
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Filing 1944
NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #1934 (ek, )
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Filing 1943
Joint Submission of Proposed Preliminary Jury Instructions Re: Mitchell, 14-cv-9178 (Smith, Brendan)
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Filing 1942
Joint Submission of Proposed Preliminary Jury Instructions Re: Konrad, 15-cv-966 (Smith, Brendan)
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Filing 1941
SEALED DOCUMENT Re: D.E. 1940 (PSC's MIL Response) (Attachments: #1 Exhibit 2, #2 Exhibit 5, #3 Exhibit 6, #4 Exhibit 8, #5 Exhibit 10, #6 Exhibit 11, #7 Exhibit 12, #8 Exhibit 14, #9 Exhibit 15, #10 Exhibit 18, #11 Exhibit 19)(Miracle, Trent)
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Filing 1940
RESPONSE to motion in limine #1915 PSC's Response to AbbVie's Omnibus Motion in Limine (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 7, #5 Exhibit 9, #6 Exhibit 13, #7 Exhibit 16, #8 Exhibit 17, #9 Exhibit 20, #10 Exhibit 21, #11 Exhibit 22, #12 Exhibit 23, #13 Exhibit 24, #14 Exhibit 25, #15 Exhibit 26, #16 Exhibit 27, #17 Exhibit 28, #18 Exhibit 29, #19 Exhibit 30, #20 Exhibit 31, #21 Exhibit 32)(Smith, Brendan)
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Filing 1939
SEALED DOCUMENT (Yeary, Michelle)
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Filing 1938
RESPONSE to Plaintiffs' Steering Committee's Omnibus Motion in Limine (Attachments: #1 Exhibit)(Yeary, Michelle)
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Filing 1937
MINUTE entry before the Honorable Matthew F. Kennelly: As discussed at today's pretrial conference relating to the AbbVie bellwether trial cases, the plaintiffs' steering committee and AbbVie are directed to immediately confer regarding the Court's proposal to add more cases to the AbbVie bellwether trial list. They are directed to file by 5:00 PM on Monday, May 22, 2017 a joint status report containing a common or separate proposals regarding how to go about doing this. As discussed at the pretrial conference, the possibilities include using the cases that remain on the previously-created list of bellwether candidates, or creating a new list. Each side's section of the joint status report should discuss the pros and cons of each of these possibilities and how the selection of specific trial cases should be made. Each side should also feel free to propose any other reasonable ideas for selecting additional bellwether trial cases. (mk)
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Filing 1936
NOTICE of Motion by Matthew Aaron Holian for presentment of motion to withdraw as attorney #1935 before Honorable Matthew F. Kennelly on 5/25/2017 at 09:30 AM. (Holian, Matthew)
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Filing 1935
MOTION by Attorney Ann Marie Byrd to withdraw as attorney. No party information provided (Holian, Matthew)
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Filing 1934
NOTICE of appeal regarding orders #1211 , #1051 Filing fee $ 505, receipt number 0752-13191572. (Attachments: #1 Exhibit A)(Smith, Brendan)
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Filing 1933
CASE MANAGEMENT ORDER NO. 54 (Pretrial conference held on May 18, 2017;affirmative defenses in bellwether trial cases), signed by the Honorable Matthew F. Kennelly on 5/18/2017. (mk)
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Filing 1932
RESPONSE to other #1921 PSC's Response to AbbVie's Proffer Regarding Expiration of the Statutes of Limitations and Repose in Konrad Case (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Smith, Brendan)
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Filing 1931
NOTICE of Motion by Clarence Mark Whitehead, Iii for presentment of motion to substitute party #1930 before Honorable Matthew F. Kennelly on 6/15/2017 at 09:30 AM. (Whitehead, Clarence)
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Filing 1930
MOTION to substitute party (Attachments: #1 Exhibit Suggestion of Death, #2 Exhibit Proposed Amended Complaint)(Whitehead, Clarence)
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Filing 1929
SUGGESTION of Death as to Melvin Brown (Whitehead, Clarence)
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Filing 1928
MINUTE entry before the Honorable Matthew F. Kennelly: The Court is contemplating whether, if the Konrad case is removed from the AbbVie bellwether trial queue, additional cases should be added to the queue--particularly cases involving CV injuries. Counsel should be prepared to address during tomorrow's telephone case management conference whether this should be done, and if so, how. (mk)
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Filing 1927
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw as attorney #1826 is granted; Attorney Robert D. Phillips, Jr terminated. (pjg, )
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Filing 1926
CASE MANAGEMENT ORDER NO. 53 (Order selecting two Auxilium bellwether trial cases), signed by the Honorable Matthew F. Kennelly on 5/16/2017. (mk)
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Filing 1925
CASE MANAGEMENT ORDER NO. 52 (Order excluding three mixed-use cases from Auxilium bellwether pool), signed by the Honorable Matthew F. Kennelly on 5/16/2017. (mk)
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Filing 1924
MINUTE entry before the Honorable Matthew F. Kennelly: The chambers copies of the final pretrial orders in the Konrad and Mitchell cases, as well as plaintiffs' motions in limine, were submitted unbound (i.e., with rubber bands or paper clips). Counsel are reminded that this Court's rules, specifically, LR 5.2 (f) & (d), require chambers copies to be bound at the side and tabbed. Counsel are requested to promptly resubmit these documents in the proper form. Because these are chambers copies not filed on the docket, confidential or under-seal exhibits are to be bound with the remainder of the filing and are not to be submitted separately. (mk) (Kennelly, Matthew)
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Filing 1922
SEALED DOCUMENT (Yeary, Michelle)
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Filing 1921
Proffer regarding Expiration of the Statutes of Limitations and Repose in Konrad Case (Attachments: #1 Exhibit)(Yeary, Michelle)
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Filing 1920
TRANSCRIPT OF PROCEEDINGS held on May 11, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/5/2017. Redacted Transcript Deadline set for 6/15/2017. Release of Transcript Restriction set for 8/14/2017. (Cox, Carolyn)
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Filing 1923
NOTICE of Filing Exhibits. (Document kept as paper, see original file for CD-Exhibits) (jh, ) .
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Filing 1919
NOTICE of Filing Exhibits (Yeary, Michelle)
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Filing 1917
PROPOSED Pretrial Order as to Mitchell v. AbbVie Inc., No. 14-cv-09178 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Miracle, Trent)
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Filing 1918
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 5/11/2017. All unresolved items on the joint agenda are discussed. The first AbbVie-only bellwether trial will begin on 6/5/2017; the second will begin on 7/5/2017; the third will begin on 9/18/2017; and the fourth will begin on 1/8/2018. The first Auxulium-only bellwether trial will begin on 11/2/2017 or 11/5/2017 as discussed, the second will begin on 4/9/2018. The parties are directed to confer to attempt to agree upon a case management plan for mixed-use cases, and a joint status report in this regard is to be filed by 6/26/2017. Regarding the first AbbVie-only bellwether trial set for 6/5/2017, as discussed in open court, final exhibit lists are to be provided by 5/30/2017 and will-call witness lists by 5/31/2017. AbbVie is to file a 5-page proffer regarding its statute of limitations defenses in the Konrad case by 5/15/2017, and plaintiff is to file a response of equal length by 5/17/2017. A preliminary pretrial conference regarding the Konrad statute of limitations issue, to be conducted by conference call, is set for 5/18/2017 at 11:30 a.m. The final pretrial conference remains set for 5/25/2017 at 1:30 p.m. Case management conference is set for 6/28/2017 at 2:00 p.m. for Medical Mutual of Ohio v. AbbVie case only. Joint status report regarding Medical Mutual case is to be filed by 6/26/2017. Mailed notice. (pjg, )
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Filing 1916
PROPOSED Pretrial Order as to Konrad v. AbbVie Inc., No. 1:15-cv-00966 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Miracle, Trent)
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Filing 1915
MOTION in limine Omnibus Motion in Limine to Exclude Irrelevant and Prejudicial Evidence and Memorandum of Law In Support (Yeary, Michelle)
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Filing 1914
SEALED DOCUMENT Re: D.E. 1913 (PSC's Omnibus Motion in Limine) (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 7, #4 Exhibit 12, #5 Exhibit 13, #6 Exhibit 14, #7 Exhibit 15, #8 Exhibit 16, #9 Exhibit 17, #10 Exhibit 18, #11 Exhibit 20, #12 Exhibit 21, #13 Exhibit 22, #14 Exhibit 23)(Miracle, Trent)
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Filing 1913
MOTION in limine Plaintiffs' Steering Committee's Omnibus Motion in Limine (Attachments: #1 Exhibit 1, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 8, #6 Exhibit 9, #7 Exhibit 10, #8 Exhibit 11, #9 Exhibit 19)(Smith, Brendan)
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Filing 1911
MINUTE entry before the Honorable Matthew F. Kennelly: Counsel should be prepared to discuss at the 5/11/2017 conference, in connection with the upcoming bellwether trials, whether and under what circumstances jurors who have used, or whose family members or close friends have used, testosterone replacement therapy products should be subject to being excused for cause. The purpose of this discussion is to assist the Court in determining the number of prospective jurors to order for the trials. (mk)
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Filing 1910
MINUTE entry before the Honorable Matthew F. Kennelly: The Court advises that because it does not intend to hold regular case management conferences for at least the next two months during the AbbVie bellwether trials, it wishes to attempt resolve at tomorrow's case management conference the disputes over caps on third-party discovery and absent-class-member discovery in the Medical Mutual case referenced in the joint status report (dkt. 1909 at 11-16), so counsel should be prepared to address those points at the conference. (mk)
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Filing 1912
MAIL RETURNED, for document #1792 sent to James R. Browne returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form (nsf, )
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Filing 1909
STATUS Report (Joint) for the May 11, 2017 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Smith, Brendan) (Additional attachment(s) added on 5/10/2017: #6 Supplemental List of expert materials (pjg, ).
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Filing 1908
Joint Agenda for the May 11, 2017 Case Management Conference (Smith, Brendan)
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Filing 1907
CERTIFICATE service doc # 1906 (Root, Richard)
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Filing 1906
MOTION to substitute attorney (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Certificate of Service, #4 Text of Proposed Order)(Root, Richard)
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Filing 1905
CASE MANAGEMENT ORDER NO. 51 (Order on dkt. 1621, defendants' motion for sanctions in Garcia v. AbbVie, Inc., No. 15-cv-1086), signed by the Honorable Matthew F. Kennelly on 5/9/2017. (mk)
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Filing 1904
MINUTE entry before the Honorable Matthew F. Kennelly: The joint motion for leave to exceed page limits #1902 is granted, but only in part. Each side's motions in limine are limited to 40 pages in the aggregate, not 60 pages as requested. Each side's responses are likewise limited to 40 pages in the aggregate. Each side may combine all of its motions in limine into a single filing. (mk)
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Filing 1903
NOTICE of Motion by Michelle H. Yeary for presentment of motion for leave to file excess pages #1902 before Honorable Matthew F. Kennelly on 5/11/2017 at 01:30 PM. (Yeary, Michelle)
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Filing 1902
MOTION for leave to file excess pages (Yeary, Michelle)
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Filing 1901
MINUTE entry before the Honorable Matthew F. Kennelly: On 5/11/2017, lead counsel are to report to chambers at 1:15 PM for a brief conference before the case management conference set to begin at 1:30 PM. (mk)
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Filing 1900
ATTORNEY Appearance for Defendants Auxilium Pharmaceuticals Inc., Endo Pharmaceuticals Inc. by Ingo W Sprie, Jr (Sprie, Ingo)
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Filing 1899
CASE MANAGEMENT ORDER NO. 50 (Decision on Besins' motion for summary judgment - dkt. 1736), signed by the Honorable Matthew F. Kennelly on 5/8/2017. (mk)
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Filing 1898
CASE MANAGEMENT ORDER NO. 49 (Decision on AbbVie's motion to exclude plaintiff's expert Robert Johnson - dkt. 1729), signed by the Honorable Matthew F. Kennelly on 5/8/2017. (mk)
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Filing 1897
CASE MANAGEMENT ORDER NO. 48 (Rulings on AbbVie's motion for summary judgment on "off-label" marketing claims and motion to exclude testimony and AbbVie's motions to exclude opinions of Dr. Steven Woloshin and Dr. Curt Furberg (dkt. 1727, 1731 & 1746)), signed by the Honorable Matthew F. Kennelly on 5/8/2017. (mk)
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Filing 1896
CASE MANAGEMENT ORDER NO. 47 (Ruling on AbbVie's motion for summaryjudgment on failure-to-warn claims - dkt. 1745), signed by the Honorable Matthew F. Kennelly on 5/8/2017. (mk)
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Filing 1895
CASE MANAGEMENT ORDER NO. 46 (Rulings on AbbVie's motion to exclude expert testimony on causation and for summary judgment and plaintiffs' motion to limit testimony of Dr. Marais - dkt. 1738 & 1753), signed by the Honorable Matthew F. Kennelly on 5/8/2017. (mk)
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Filing 1894
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion for leave to file supplemental authority #1890 is granted. (mk)
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Filing 1893
CASE MANAGEMENT ORDER NO. 45 (Order Excluding Mixed Use Cases From Lilly Bellwether Discovery Pool) signed by the Honorable Matthew F. Kennelly on 5/6/2017: The joint motion to exclude 3 mixed-use cases from the Lilly Bellwether discovery pool #1884 is granted. (mk)
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Filing 1892
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1889 , #1890 , #1891 sent to Attorney Brian Thomas Dailey returned as: Unknown Address Error. Mailed to attorney Brian Thomas Dailey a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1891
NOTICE of Motion by David M Bernick for presentment of motion for leave to file #1890 before Honorable Matthew F. Kennelly on 5/10/2017 at 09:30 AM. (Bernick, David)
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Filing 1890
MOTION for leave to file Notice of Supplemental Authority in Support of Its Motion for Summary Judgment on Plaintiffs' Failure-to-Warn Claims (Attachments: #1 Notice of Supplemental Authority, #2 Exhibit 1)(Bernick, David)
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Filing 1889
ATTORNEY Appearance for Defendants Watson Laboratories, Inc., Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Anda, Inc. by Frederick Michael Erny (Erny, Frederick)
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Filing 1888
NOTICE re order on motion for leave to file, terminate hearings, terminate motions #1886 Notice of Supplemental Authority (Attachments: #1 Exhibit 1)(Bernick, David)
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Filing 1887
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw as attorney #1885 is granted. Attorney D. Greg Sakall terminated. Mailed notice. (pjg, )
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Filing 1886
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion for leave to file supplemental authority #1874 is granted. (mk)
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Filing 1885
MOTION by Attorney D. Gregory Sakall to withdraw as attorney for Jerry L Altman, Dale L Altman, Kurt Crume, Michael Anderson, Ronald Andras, Byron Barfield, Dick Bechtholdt, Russell Biggs, Basilius Blotsky, Edward Bosha, LaVerne Boyko, Robert Bradford, Anton Campbell, Eugene Carr, III, David Chappell, Cass Conlee, Debi Connolly, Stephen Cook, Duane Cuyler, Tom D'Chevy, Neal Deacon, Robert Donati, Paul Finkelstein, Diane Freeman, Edwin Gam, Paul Gunn, Robert Hall, Daniel Harrigan, Grady Henderson, Ronald Henderson, James Hinton, Bill Hosley, Dorsie Keeling, John Kent, James Klein, William Kneeland, Robert Kornegay, Kevin Kruger, John Lane, Jeffrey Lawson, Ralph Ledford, Ralph Lindley, Richard Lippman, David Lynch, Leamon Lyons, Thomas MacMeans, Larry Manning, Joseph Marando, Shane McCabe, James McGovern, Gerald Meitner, John Micari, James Michalak, Jesse Mitchell, Rick Montano, Donald Newby, Robert Nolte, George Palicka, Rodney Peach, Benjamin Pectol, George Perkins, Ernie Phillips, Chester Richardson, William Rieder, Robin Rushlo, Abel Salazar, Ernest Sanchez, Cindy Satterwhite, Stephen Scott, Barry Shelton, Danny Simpkins, Jeffrey Smith, Vincent Staszak, Luther Stinson, John Stokan, Frank Stolba, Mark Tatum, Henry Todd, Peter Tode, Albert Verheyn, Randolph Vuletich, Joe Waddell, Daniel Walk, Charles Wilcher, Clifford Wimberly, Oran Wingler, Delphus Wright, Robert Wuest, Martin Yost. No party information provided (Sakall, Daniel)
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Filing 1884
MOTION Joint Motion to Exclude Three Mixed-Use Cases from The Auxilium Bellwether Pool (Attachments: #1 Exhibit 1 - Proposed Order)(Solow, Andrew)
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Filing 1883
MINUTE entry before the Honorable Matthew F. Kennelly: Today's telephone conference regarding pretrial and trial procedures for the first two AbbVie bellwether trials will begin at 1:40 pm rather than 1:30 pm due to a brief status hearing in a criminal case that the Court has to conduct at 1:30 pm. (mk)
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Filing 1880
(This document relates to Medical Mut. of Ohio v. AbbVie, Inc., Case No. 14-cv-8857) CASE MANAGEMENT ORDER #2 (non-expert fact discovery and case management protocol), signed by the Honorable Matthew F. Kennelly on 4/26/2017. (mk)
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Filing 1879
(This document relates to Medical Mut. of Ohio v. AbbVie, Case No. 14-cv-8857) FIRST AMENDED CASE MANAGEMENT ORDER NO. 1, signed by the Honorable Matthew F. Kennelly on 4/26/2017. (mk)
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Filing 1878
CASE MANAGEMENT ORDER NO. 44 (allocation of trial time for first AbbVie bellwether trial), signed by the Honorable Matthew F. Kennelly on 4/26/2017. (mk)
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Filing 1882
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1876 sent to Attorney Matthew J Schumacher returned as: Unknown Address Error. Mailed to attorney Matthew J Schumacher a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1881
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1876 sent to Attorney Stephen J Randall returned as: Unknown Address Error Mailed to attorney Stephen J Randall a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1876
NOTICE of Voluntary Dismissal by William Bowels against Eli Lilly and Company, Lilly USA, Inc., Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd. only (Degreeff, David)
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Filing 1875
NOTICE of Motion by David M Bernick for presentment of motion for leave to file, #1874 before Honorable Matthew F. Kennelly on 5/3/2017 at 09:30 AM. (Bernick, David)
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Filing 1874
MOTION for leave to file Notice of Supplemental Authority in Support of its Motion to Exclude Plaintiffs' Expert Testimony on the Issue of Causation and for Summary Judgment (Attachments: #1 Notice of Supplemental Authority, #2 Exhibit 1)(Bernick, David)
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Filing 1873
NOTICE re response in opposition to motion,,,, #1803 , response in opposition to motion,, #1812 PSC's Notice of Supplemental Authority (Attachments: #1 Exhibit A)(Smith, Brendan)
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Filing 1872
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for leave to file notice of supplemental authority #1870 is granted. (mk)
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Filing 1877
MAIL RETURNED, for document #1792 sent to James R. Browne returned as undeliverable, return to sender. No new contact information received; however the document will be mailed a second time. (pk, )
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Filing 1871
PSC's NOTICE of Motion by Brendan A Smith for presentment of motion for leave to file, #1870 before Honorable Matthew F. Kennelly on 4/27/2017 at 09:30 AM. (Smith, Brendan)
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Filing 1870
MOTION for leave to file Notice of Supplemental Authority in Support of Its Memoranda of Law in Opposition to Motions of AbbVie Defendants to Exclude Plaintiffs' Expert Testimony on the Issues of Causation and "Off-Label" Marketing (Attachments: #1 Exhibit Notice of Supplemental Authority, #2 Exhibit A)(Smith, Brendan)
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Filing 1869
TRANSCRIPT OF PROCEEDINGS held on April 13, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/11/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/19/2017. (Cox, Carolyn)
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Filing 1868
ATTORNEY Appearance for Defendant GlaxoSmithKline LLC by Angela R. Vicari (Vicari, Angela)
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Filing 1867
ATTORNEY Appearance for Defendants Auxilium Pharmaceuticals, Inc., Endo Pharmaceuticals Inc. by Angela R. Vicari (Vicari, Angela)
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Filing 1866
NOTICE of Voluntary Dismissal by Ernest Jarvis (Degreeff, David)
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Filing 1865
AMENDED CASE MANAGEMENT ORDER NO. 42 (dismissal as to cases naming Pfizer Inc., Pharmacia & Upjohn Co. LLC, and additional co-defendants pursuant to CMO 19B, amended), signed by the Honorable Matthew F. Kennelly on 4/18/2017. (mk)
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Filing 1864
RESPONSE in Opposition to AbbVie Defendants' Submission in Further Support of Motion for Sanctions (Attachments: #1 Exhibit A)(Smith, Brendan)
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Filing 1863
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 4/13/2017. All unresolved items on the joint agenda are discussed. The 4/14/2017 deadline for filing the list of pool of Actavis cases is extended to 4/25/2017. Scheduling telephone conference regarding trial preparation issues relating to AbbVie bellwether trials is set for 4/26/2017 at 1:30 p.m. Plaintiffs' Steering Committee is to set up and distribute a call-in number. The next case management conference remains set for 5/11/2017 at 1:30 p.m. Discussion on how to proceed with cases with more than one product shall be placed on the agenda for the next case management conference. In the Medical Mutual of Ohio case (14-cv-8857), the Court ruled on all unresolved items on the joint agenda. A proposed case management order incorporating all issues discussed and the pretrial / trial schedule as approved is to be submitted to the Court. Mailed notice. (pjg, )
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Filing 1862
STATUS Report (Joint) (Amended) for the April 13, 2017 Case Management Conference (Dismissal Lists Amended - Amendments Underlined) by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 1861
MINUTE entry before the Honorable Matthew F. Kennelly: Lead counsel are directed to come to chambers at 1:00 PM on 4/13/2017 for a brief meeting preceding the case management conference. (mk)
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Filing 1860
MINUTE entry before the Honorable Matthew F. Kennelly: Lead counsel are directed to come to chambers at 1:00 PM on 4/13/2017 for a brief meeting preceding the case management conference. (mk)
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Filing 1859
Joint Agenda for the April 13, 2017 Case Management Conference (Smith, Brendan)
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Filing 1858
STATUS Report (Joint) for the April 13, 2017 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 1857
CASE MANAGEMENT ORDER NO. 43 (AbbVie Lone Pine motion - preliminary order), signed by the Honorable Matthew F. Kennelly on 4/11/2017. (mk)
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Filing 1856
NOTICE of Motion by Michelle H. Yeary for presentment of motion to amend/correct #1829 before Honorable Matthew F. Kennelly on 4/13/2017 at 01:30 PM. (Yeary, Michelle)
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Filing 1855
SEALED DOCUMENT Re: D.E. 1854 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit D, #4 Exhibit E)(Miracle, Trent)
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Filing 1854
REPLY Memorandum in Further Support of Plaintiffs' Motion to Limit the Testimony of M. Laurentius Marais, Ph.D. (Attachments: #1 Exhibit C, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H)(Smith, Brendan)
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Filing 1853
REPLY in Support of their Motion for Summary Judgment (Yeary, Michelle)
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Filing 1852
CERTIFICATE of Service (Yeary, Michelle)
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Filing 1851
SEALED DOCUMENT (Yeary, Michelle)
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Filing 1850
SEALED DOCUMENT (Yeary, Michelle)
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Filing 1849
SEALED DOCUMENT (Yeary, Michelle)
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Filing 1848
SEALED DOCUMENT (Yeary, Michelle)
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Filing 1847
SEALED DOCUMENT (Yeary, Michelle)
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Filing 1846
SEALED DOCUMENT (Yeary, Michelle)
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Filing 1845
REPLY to Plaintiffs' Statement of Additional Facts and Fed.R.Civ.P. 56(c) Objections to Plaintiffs' Response to Defendants' Statement of Undisputed Material Facts in Support of its Motion to Exclude Plaintiffs' Causation Experts, and for Summary Judgment (Yeary, Michelle)
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Filing 1844
REPLY Memorandum in Support of Defendants' Motion to Exclude Plaintiffs' Causation Experts, and for Summary Judgment (Attachments: #1 Exhibit Exhibit 71, #2 Exhibit Exhibit 72, #3 Exhibit Exhibit 73, #4 Exhibit Exhibit 74, #5 Exhibit Exhibit 75, #6 Exhibit Exhibit 76)(Yeary, Michelle)
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Filing 1843
CERTIFICATE of Service (Yeary, Michelle)
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Filing 1842
REPLY to Plaintiffs' Statement of Additional Facts and Fed.R.Civ.P. 56(c) Objections to Plaintiffs' Response to Defendants' Statement of Undisputed Material Facts in Support of its Motion for Summary Judgment on Plaintiffs' Marketing Claims (Yeary, Michelle)
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Filing 1841
SEALED DOCUMENT (Yeary, Michelle)
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Filing 1840
REPLY Memorandum in Further Support of Defendants' Motion for Summary Judgment on Plaintiffs' "Off-Label" Marketing Claims, and to Exclude Plaintiffs' Marketing Experts (Attachments: #1 Exhibit Exhibit 100)(Yeary, Michelle)
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Filing 1839
CERTIFICATE of Service (Yeary, Michelle)
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Filing 1838
REPLY to Plaintiffs' Statement of Additional Facts and Fed.R.Civ.P. 56(c) Objections to Plaintiffs' Response to Defendants' Statement of Undisputed Materials Facts in Support of its Motion for Summary Judgment on Plaintiffs' Failure to Warn Claims (Yeary, Michelle)
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Filing 1837
SEALED DOCUMENT (Yeary, Michelle)
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Filing 1836
REPLY Memorandum in Further Support of Defendants' Motion for Summary Judgment on Plaintiffs' Failure-to-Warn Claims (Attachments: #1 Exhibit Exhibit 125)(Yeary, Michelle)
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Filing 1835
SEALED DOCUMENT (Yeary, Michelle)
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Filing 1834
SEALED DOCUMENT (Yeary, Michelle)
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Filing 1833
REPLY in Support of their Motion to Exclude the Testimony of Plaintiffs' Expert Dr. Curt Furberg (Attachments: #1 Exhibit Exhibit 6, #2 Exhibit Exhibit 7)(Yeary, Michelle)
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Filing 1832
SEALED DOCUMENT (Yeary, Michelle)
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Filing 1831
SEALED DOCUMENT (Yeary, Michelle)
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Filing 1830
REPLY in Support of their Motion to Exclude the Opinions of Plaintiffs' Expert Dr. Steven Woloshin regarding "Disease Mongering" (Attachments: #1 Exhibit Exhibit 3, #2 Exhibit Exhibit 4)(Yeary, Michelle)
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Filing 1829
MOTION to amend/correct the Case Management Order (Yeary, Michelle)
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Filing 1828
REPLY in Further Support of their Motion to Exclude the Testimony of Plaintiffs' Expert Robert W. Johnson (Yeary, Michelle)
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Filing 1827
NOTICE of Motion by David Edward Stanley for presentment of motion to withdraw as attorney #1826 before Honorable Matthew F. Kennelly on 4/13/2017 at 01:30 PM. (Stanley, David)
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Filing 1826
MOTION by Attorney Robert D. Phillips, Jr. to withdraw as attorney. No party information provided (Stanley, David)
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Filing 1825
CASE MANAGEMENT ORDER NO. 42 (dismissal of cases naming Pfizer Inc., Pharmacia & Upjohn Co. LLC, and additional co-defendants, pursuant to Case Management Order No 19B (amended), signed by the Honorable Matthew F. Kennelly on 3/30/2017: Counsel are directed to promptly resubmit the proposed partial final judgment form according to instructions being given by Judge Kennelly's courtroom deputy to plaintiff's counsel on this date. (mk)
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Filing 1824
CASE MANAGEMENT ORDER NO. 41 (dismissal of cases naming Pfizer Inc. and Pharmacia & Upjohn Co.LLC only, pursuant to Case Management Order No 19B (amended), signed by the Honorable Matthew F. Kennelly on 3/30/2017: Counsel are directed to promptly resubmit the proposed judgment form according to instructions being given by Judge Kennelly's courtroom deputy to plaintiff's counsel on this date. (mk)
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Filing 1823
NOTICE re response in opposition to motion,, #1807 , order on motion for leave to file, terminate motions, terminate hearings #1822 Plaintiffs' Steering Committee's Notice of Supplemental Authority (Attachments: #1 Exhibit A)(Smith, Brendan)
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Filing 1822
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for leave to file supplemental authority #1820 is granted. (mk)
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Filing 1821
Plaintiffs' Steering Committee's NOTICE of Motion by Brendan A Smith for presentment of motion for leave to file, #1820 before Honorable Matthew F. Kennelly on 4/13/2017 at 01:30 PM. (Smith, Brendan)
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Filing 1820
MOTION for leave to file Notice of Supplemental Authority in Support of Its Memorandum of Law in Opposition to Motion of AbbVie Defendants for Summary Judgment on Plaintiffs' Failure to Warn Claims (Attachments: #1 Exhibit Notice of Supplemental Authority, #2 Exhibit A)(Smith, Brendan)
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Filing 1819
STIPULATION of Dismissal (Abrams, Rachel)
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Filing 1818
AMENDED CASE MANAGEMENT ORDER 20 (Master Pleadings), signed by the Honorable Matthew F. Kennelly on 3/29/2017. This order amends Case Management Order 20, regarding "master pleadings," by adding a new paragraph 6, which changes the procedure by which summons are to be issued, with particular application to multiple-defendant member cases. The Court sent a draft of this proposed amended order to lead / liaison counsel on 3/20/2017, asking for comments or objections by 3/23/2017, but received none. The Court also notes that its communication of that date sought input from counsel on whether other case management orders (CMOs) needed to be amended to accomplish the intended purpose of amended CMO 20, but again received no feedback. The Court takes this as an implicit representation that no other CMOs need to be amended. Plaintiffs' lead and liaison counsel are directed to promptly communicate with counsel who are direct-filing cases in this proceeding to advise them of the terms of the new order. (mk)
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Filing 1817
ATTORNEY Appearance for Defendant GlaxoSmithKline, LLC by Samuel Nelson Lonergan (Lonergan, Samuel)
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Filing 1816
ATTORNEY Appearance for Defendants Auxilium Pharmaceuticals, Inc., Endo Pharmaceuticals, Inc. by Samuel Nelson Lonergan (Lonergan, Samuel)
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Filing 1815
MAIL RETURNED, for document #1725 , #1726 , #1764 , and #1792 sent to Curtis Sepulveda returned as undeliverable, return to sender. No new contact information received; this is the second time the letter has been returned notices will be shut off. (pk, )
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Filing 1814
MINUTE entry before the Honorable Matthew F. Kennelly: Lengthy telephone scheduling and preliminary pretrial conference held with trial counsel for plaintiffs, AbbVie, Auxilium, and Pfizer. Final pretrial conference for first two AbbVie bellwether trial is set for 5/25/2017 at 1:30 PM. Final pretrial order is to be filed by 5/11/2017. Motions in limine are to be filed by 5/11/2017, and responses are to be filed by 5/18/2017. With regard to the Rowley and Garcia sanctions motions filed by AbbVie, counsel are to confer regarding any additional submissions they wish to file and are to promptly provide a proposed schedule to Judge Kennelly's courtroom deputy clerk. (mk)
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Filing 1813
SEALED DOCUMENT RE D.E. 1812 (Attachments: #1 Exhibit 16, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 21, #7 Exhibit 22, #8 Exhibit 23, #9 Exhibit 24, #10 Exhibit 26, #11 Exhibit 28, #12 Exhibit 29, #13 Exhibit 30, #14 Exhibit 31, #15 Exhibit 32, #16 Exhibit 33, #17 Exhibit 34, #18 Exhibit 35)(Miracle, Trent)
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Filing 1812
RESPONSE Plaintiffs' Steering Committee's Memorandum of Law in Opposition to Motion of AbbVie Defendants to Exclude Plaintiffs' Expert Testimony of the Issue of Causation, and for Summary Judgment (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 25, #18 Exhibit 27, #19 Exhibit 36, #20 Exhibit 37, #21 Exhibit 38, #22 Exhibit 39, #23 Exhibit 40, #24 Exhibit 41, #25 Exhibit 42, #26 Exhibit 43)(Miracle, Trent)
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Filing 1811
Plaintiffs' Local Rule 56.1 Response to Defendants' Statement of Material Facts in Support of Their Motion for Summary Judgment to Exclude Plaintiffs' Expert Testimony on the Issue of Causation (Smith, Brendan)
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Filing 1810
STATUS Report for March 24, 2017 Case Management Conference regarding AbbVie Bellwether Pretrial Schedule by AbbVie, Inc. (Yeary, Michelle)
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Filing 1809
STIPULATION of Dismissal (Shelquist, Robert)
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Filing 1808
SEALED DOCUMENT RE D.E. 1807 (Attachments: #1 Exhibit 6, #2 Exhibit 7, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 26, #6 Exhibit 30, #7 Exhibit 32, #8 Exhibit 33, #9 Exhibit 34, #10 Exhibit 35, #11 Exhibit 38, #12 Exhibit 39, #13 Exhibit 40, #14 Exhibit 41, #15 Exhibit 42, #16 Exhibit 43, #17 Exhibit 44)(Miracle, Trent)
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Filing 1807
RESPONSE Plaintiffs' Steering Committee Memorandum of Law in Opposition to Motion of AbbVie Defendants for Summary Judgment on Plaintiffs' Failure to Warn Claims (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 12, #10 Exhibit 13, #11 Exhibit 14, #12 Exhibit 15, #13 Exhibit 16, #14 Exhibit 17, #15 Exhibit 18, #16 Exhibit 19, #17 Exhibit 20, #18 Exhibit 21, #19 Exhibit 22, #20 Exhibit 23, #21 Exhibit 24, #22 Exhibit 25, #23 Exhibit 27, #24 Exhibit 28, #25 Exhibit 29, #26 Exhibit 31, #27 Exhibit 36, #28 Exhibit 37)(Miracle, Trent)
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Filing 1806
Plaintiffs' Local Rule 56.1 Response to Defendants' Statement of Material Facts in Support of Their Motion for Summary Judgment on Plaintiffs' Failure-to-Warn Claims (Smith, Brendan)
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Filing 1805
Plaintiffs' Local Rule 56.1 Response to Defendants' Statement of Material Facts in Support of Their Motion for Summary Judgment on Plaintiffs's "Off-Label" Marketing Claims (Miracle, Trent)
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Filing 1804
SEALED DOCUMENT RE D.E. 1803 (Attachments: #1 Exhibit 14, #2 Exhibit 15, #3 Exhibit 16, #4 Exhibit 17, #5 Exhibit 18, #6 Exhibit 19, #7 Exhibit 20, #8 Exhibit 21, #9 Exhibit 22, #10 Exhibit 23, #11 Exhibit 24, #12 Exhibit 25, #13 Exhibit 27, #14 Exhibit 37, #15 Exhibit 38, #16 Exhibit 39, #17 Exhibit 40, #18 Exhibit 41, #19 Exhibit 42, #20 Exhibit 43, #21 Exhibit 44, #22 Exhibit 45, #23 Exhibit 46, #24 Exhibit 47, #25 Exhibit 48, #26 Exhibit 49, #27 Exhibit 50, #28 Exhibit 51, #29 Exhibit 54, #30 Exhibit 57, #31 Exhibit 59, #32 Exhibit 60, #33 Exhibit 61, #34 Exhibit 62, #35 Exhibit 63, #36 Exhibit 67, #37 Exhibit 73, #38 Exhibit 78, #39 Exhibit 79, #40 Exhibit 80, #41 Exhibit 81, #42 Exhibit 82, #43 Exhibit 83)(Miracle, Trent)
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Filing 1803
RESPONSE Plaintiffs' Steering Committee's Memorandum of Law in Opposition to Motion of AbbVie Defendans for Summary Judgment on Plaintiffs' "Off-Label" Marketing Claims and to Exclude Plaintiffs' Expert Testimony on the Issue of "Off-Label" Marketing (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 26, #16 Exhibit 28, #17 Exhibit 29, #18 Exhibit 30, #19 Exhibit 31, #20 Exhibit 32, #21 Exhibit 33, #22 Exhibit 34, #23 Exhibit 35, #24 Exhibit 36, #25 Exhibit 52, #26 Exhibit 53, #27 Exhibit 55, #28 Exhibit 56, #29 Exhibit 58, #30 Exhibit 64, #31 Exhibit 65, #32 Exhibit 66, #33 Exhibit 68, #34 Exhibit 69, #35 Exhibit 70, #36 Exhibit 71, #37 Exhibit 72, #38 Exhibit 74, #39 Exhibit 75, #40 Exhibit 76, #41 Exhibit 77, #42 Exhibit 84)(Miracle, Trent)
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Filing 1802
RESPONSE in Opposition to Motion to Strike Limit the Testimony of M. Laurentius Marais, Ph.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Yeary, Michelle)
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Filing 1801
SEALED DOCUMENT D.E. 1800 (Exhibit 2) (Miracle, Trent)
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Filing 1800
RESPONSE Plaintiffs' Steering Committee's Memorandum of Law in Opposition to AbbVie Defendants' Motion to Exclude the Testimony of Plaintiffs' Expert Curt Furberg, M.D., Ph.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (Redacted))(Smith, Brendan)
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Filing 1799
RESPONSE Plaintiffs' Response in Opposition to Defendants' Motion to Exclude the Opinions of Plaintiffs' Expert Dr. Steven Woloshin Regarding "Disease Mongering" (Smith, Brendan)
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Filing 1798
RESPONSE Plaintiffs' Steering Committee's Memorandum of Law in Opposition to AbbVie Defendants' Motion to Exclude the Testimony of Plaintiffs' Expert Robert Johnson (Attachments: #1 Exhibit 1)(Smith, Brendan)
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Filing 1797
RESPONSE Plaintiff Robert Rowley's Response to Statement of Facts and Memorandum of Law in Opposition to Besins Healthcare Inc.'s and Besins Healthcare, S.A.'s Motion for Summary Judgment (Smith, Brendan)
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Filing 1796
TRANSCRIPT OF PROCEEDINGS held on March 16, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/10/2017. Redacted Transcript Deadline set for 4/20/2017. Release of Transcript Restriction set for 6/19/2017. (Cox, Carolyn)
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Filing 1795
CASE MANAGEMENT ORDER # 40 (Appointing Settlement Master), signed by the Honorable Matthew F. Kennelly on 3/20/2017. (mk)
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Filing 1794
Notice of CMO 31 Auxilium Bellwether Selections (Solow, Andrew)
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Filing 1793
ATTORNEY Appearance for Defendants Auxilium Pharmaceuticals Inc., Auxilium Pharmaceuticals, Inc. by Molly E. Flynn (Flynn, Molly)FILED on the incorrect docket (Docket Text Modified by Clerk's Office on 3/17/2017 (lf, )).
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Filing 1792
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 3/16/2017. All unresolved items on the joint agenda are discussed. Updated dismissal lists indicating which former Branch Law Firm cases currently involving the Meyers & Flowers Law Firm that should not be dismissed for now are to be promptly provided to the Court. A telephone scheduling conference on pretrial scheduling for AbbVie bellwether trials, and any further briefing on the Rowley and Garcia matters, is set for 3/24/2017 at 8:30 a.m. A call-in number is to be provided to the Court in advance. Counsel are directed to confer regarding the topics to be discussed in the scheduling conference and are to file a joint status report describing their proposals by 5:00 p.m. on 3/23/2017. The next case management conference remains set for 4/13/2017 at 1:30 p.m. A further case management conference is set for 5/11/2017 at 1:30 p.m. In the Medical Mutual of Ohio case (14-cv-8857), the 3/24/2017 deadline for filing a motion for class certification is vacated and will be reset. Defendants are directed to produce organizational charts for the relevant periods within the next 10 days. A joint status report setting forth a detailed discovery plan for the Medical Mutual case and addressing proposed dates for extending deadlines as well as limitations on depositions and other discovery shall be filed by no later than 4/10/2017. Mailed notice. (pjg, )
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Filing 1791
Amended CMO 9 Dismissal List (Meyers & Flowers cases in yellow highlight) (Smith, Brendan)
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Filing 1790
CASE MANAGEMENT ORDER #39 (extension of deadlines to complete Axiron non-expert fact discovery), signed by the Honorable Matthew F. Kennelly on 3/16/2017. (mk)
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Filing 1789
STIPULATION of Dismissal With Prejudice (Abrams, Rachel)
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Filing 1788
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion to exceed page and paragraph limits is granted. The collective limit for plaintiffs' three memoranda responding to the AbbVie omnibus motions is 250 pages, including demonstratives or any other attachments other than tables of contents and authorities, and plaintiffs may also submit up to 150 statements of additional facts. (mk)
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Filing 1787
CASE MANAGEMENT ORDER NO. 38 (sequence of AbbVie-only bellwether trials), signed by the Honorable Matthew F. Kennelly on 3/15/2017. (mk)
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Filing 1786
STATUS Report (Joint) for the March 16, 2017 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Smith, Brendan)
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Filing 1785
Joint Agenda for the March 16, 2017 Case Management Conference (Smith, Brendan)
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Filing 1784
NOTICE of Motion by Brendan A Smith for presentment of motion for leave to file #1783 before Honorable Matthew F. Kennelly on 3/16/2017 at 01:30 PM. (Smith, Brendan)
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Filing 1783
MOTION for leave to file in excess of page and paragraph limits (Smith, Brendan)
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Filing 1782
MINUTE entry before the Honorable Matthew F. Kennelly: The Court requests that lead counsel, including settlement counsel, attend a meeting in chambers at 1:00 pm on 3/16/2017 (in advance of the case management conference set for 1:30 pm). The Court also directs the parties to promptly confer and provide to the Court, by no later than 3/16/2017, a draft order regarding appointment of Randi Ellis, Esq. as settlement master. The draft should include, among other things, provisions stating that: (1) the parties are to discuss settlement in good faith; (2) the settlement master may have ex parte communications with the parties and the Court; (3) the parties are to attend meetings with the settlement master on a monthly basis; and (4) the settlement master is to report to the Court concerning any and all progress. (mk)
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Filing 1781
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1780 sent to Attorney Keenan Jermaine Dunlap returned as: Unknown address error. Mailed to attorney Keenan Jermaine Dunlap a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1780
STIPULATION of Dismissal of Entire Action with Prejudice (Stanley, David)
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Filing 1778
CASE MANAGEMENT ORDER 37A (Auxilium non-expert generic fact discovery deadline for Testim MDL bellwether trial cases), signed by the Honorable Matthew F. Kennelly on 3/7/2017. This order applies to all cases. The Court deleted paragraph 6i of the parties' draft order. The Auxilum-related telephone conference set for 3/13/2017 is vacated. (mk)
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Filing 1779
MAIL RETURNED, for documents #1725 , #1726 and #1764 sent to Curtis Sepulveda returned as undeliverable, return to sender. Plaintiff directed to file a Pro Se Appearance Form with the Clerk's Office. Re-mailed documents #1725 , #1726 and #1764 to 7155 S. 48th Lane, Laveen, AZ 85337. (pk, )
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Filing 1777
CONDITIONAL TRANSFER ORDER (CTO-100) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (jjr, )
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Filing 1776
NOTICE of Voluntary Dismissal by Myles Terry as to Defendant Eli Lilly and Company ONLY (Abrams, Rachel)
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Filing 1775
MINUTE entry before the Honorable Matthew F. Kennelly: The Court needs to have a telephone conference with lead counsel (including lead settlement counsel) to address the issues concerning the Court's proposed settlement masters that were raised at the lead counsel conference held in chambers on 2/16/2017. A telephone conference is set for 3/6/2017 at 1:15 PM to address these points. (The Court does not have flexibility on the time due to a jury trial.) Counsel are requested to set up a call-in number and provide the information to chambers and other interested parties by no later than 9:00 AM that morning. Also, at the request of the parties, the Auxilium-related telephone conference set for 3/2/2017 is vacated and reset to 3/13/2017 at 8:30 AM (the requested date of 3/10/2017 is unavailable). Counsel are requested to set up a call-in number and provide the information to chambers and other interested parties by no later than 12:00 PM on 3/10/2017. (mk)
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Filing 1774
TRANSCRIPT OF PROCEEDINGS held on February 21, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/22/2017. Redacted Transcript Deadline set for 4/3/2017. Release of Transcript Restriction set for 5/30/2017. (Cox, Carolyn)
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Filing 1773
STATUS Report Joint Submission Regarding AbbVie-Only Bellwether Trial Sequence by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 1772
STATUS Report (Joint) Concerning Establishing a Non-Expert Discovery Cut-Off for the Auxilium Testim Bellwether Cases by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A)(Smith, Brendan)
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ENTRY entered in error.(nsf, ).
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Filing 1771
SEALED EXHIBITS to Defendants' Motion for Summary Judgment #1759 (DOCUMENT NOT SCANNED). (sxn, )
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Filing 1770
EXHIBITS to Defendants' Motion for Summary Judgment #1756 . (sxn, )
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Filing 1769
EXHIBITS to Defendant's Motion to Exclude Plaintiffs' Expert Testimony #1761 . (sxn, )
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Filing 1768
EXHIBITS to Defendants' Motion to Exclude Plaintiffs' Expert Testimony #1760 . (sxn, )
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Filing 1767
EXHIBITS to Defendants' Motion for Summary Judgment #1758 . (sxn, )
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Filing 1766
SEALED EXHIBIT regarding #1757 (DOCUMENT NOT SCANNED). (sxn, ) Modified on 2/23/2017 (sxn, ).
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Filing 1765
ATTORNEY Appearance for Defendants Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Eli Lilly and Company, Lilly USA, LLC by Eric J Buhr (Buhr, Eric)
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Filing 1764
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 2/21/2017. The Clerk is directed to remove documents 1734 , 1737 , 1742 and 1748 from the record. Motion for extension of time #1747 is terminated as moot. Motion for extension of time to file #1751 is granted. Plaintiff's responses to motions for summary judgment #1745 and #1746 is extended to 3/21/2017. Response to motion for summary judgment #1753 is extended to 3/23/2017. Reply dates remain as previously set. Mailed notice. (pjg, )
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Filing 1763
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to substitute attorney #1762 is granted. Attorney Rachel Rojas is terminated from this case. The Clerk is directed to substitute Wendy C. Elsey for attorney Rachal G. Rojas on all member cases listed on Exhibit A of the motion to substitute attorney #1762 . Mailed notice. (pjg, )
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Filing 1762
MOTION to substitute attorney (Attachments: #1 Proposed Order)(Matthews, David)
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Filing 1761
Notice of Filing Sealed Exhibits to Defendants' Motion to Exclude Plaintiffs' Expert Testimony on the Issue of Causation, and for Summary Judgment, and Memorandum of Law in Support (Dkt. 1753) (Yeary, Michelle)
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Filing 1760
Notice of Filing Exhibits to Defendants' Motion to Exclude Plaintiffs' Expert Testimony on the Issue of Causation, and for Summary Judgment, and Memorandum of Law in Support (Dkt. 1753) (Yeary, Michelle)
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Filing 1759
Notice of Filing Sealed Exhibits to Defendants' Motion for Summary Judgment on Plaintiffs' "Off-Label" Marketing Claims, and to Exclude Plaintiffs' Expert Testimony on the Issue of "Off-Label" Marketing, and Memorandum of Law in Support (Dtk. 1746) (Yeary, Michelle)
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Filing 1758
Notice of Filing Exhibits to Defendants' Motion for Summary Judgment on Plaintiffs' "Off-Label" Marketing Claims, and to Exclude Plaintiffs' Expert Testimony on the Issue of "Off-Label" Marketing, and Memorandum of Law in Support (Dtk. 1746) (Yeary, Michelle)
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Filing 1757
Notice of Filing Sealed Exhibits to Defendants' Motion for Summary Judgment on Plaintiffs' Failure-to-Warn Claims and Memorandum of Law in Support (Dkt. 1745) (Yeary, Michelle)
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Filing 1756
Notice of Filing Exhibits to Defendants' Motion for Summary Judgment on Plaintiffs' Failure-to-Warn Claims and Memorandum of Law in Support (Dkt. 1745) (Yeary, Michelle)
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Filing 1755
NOTICE re notice of filing,, #1754 Notice of Withdrawal of Filing (Yeary, Michelle)
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Filing 1754
NOTICE re MOTION by Defendants AbbVie Inc., Abbott Laboratories for summary judgment Defendants' Motion to Exclude Plaintiffs' Expert Testimony on the Issue of Causation, and for Summary Judgment, and Memorandum of Law in Support #1753 , MOTION by Defendants AbbVie Inc., Abbott Laboratories for summary judgment on Plaintiffs' "Off-Label" Marketing Claims, and to Exclude Plaintiffs' Expert Testimony on the Issue of "Off-Label" Marketing, and Memorandum o #1746 , MOTION by Defendants AbbVie Inc., Abbott Laboratories for summary judgment on Plaintiffs' Failure-to-Warn Claims and Memorandum of Law in Support #1745 (Yeary, Michelle)
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Filing 1753
MOTION by Defendants AbbVie Inc., Abbott Laboratories for summary judgment Defendants' Motion to Exclude Plaintiffs' Expert Testimony on the Issue of Causation, and for Summary Judgment, and Memorandum of Law in Support (Yeary, Michelle)
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Filing 1752
MINUTE entry before the Honorable Matthew F. Kennelly: Around 3:15 pm this afternoon - in other words, about 90 minutes ago - a second motion for extension of time was filed by AbbVie regarding its "causation" summary judgment motion and brief. The last sentence of the motion states, "AbbVie requests leave to file the attached final Causation Brief out of time...." Yet nothing is attached. This is to be remedied immediately. One way or another, lead counsel is directed to appear in person to present the motion on Tuesday, February 21st. (mk)
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Filing 1751
MOTION for extension of time to file Defendants' Omnibus Brief on Causation (Yeary, Michelle)
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Filing 1750
NOTICE of Motion by Michelle H. Yeary for presentment of motion for extension of time to file #1747 before Honorable Matthew F. Kennelly on 2/21/2017 at 10:00 AM. (Yeary, Michelle)
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Filing 1749
Letter to the Honorable Matthew F. Kennelly dated February 19, 2017 from Michelle Hart Yeary re: Defendants' Omnibus Briefs (Yeary, Michelle)
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Filing 1748
DOCUMENT REMOVED PER COURT ORDER #1764 . Modified on 2/21/2017 (pjg, ).
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Filing 1747
MOTION for extension of time to file Defendants' Omnibus Brief (Yeary, Michelle)
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Filing 1746
MOTION by Defendants AbbVie Inc., Abbott Laboratories for summary judgment on Plaintiffs' "Off-Label" Marketing Claims, and to Exclude Plaintiffs' Expert Testimony on the Issue of "Off-Label" Marketing, and Memorandum of Law in Support (Attachments: #1 Index of Exhibits)(Yeary, Michelle)
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Filing 1745
MOTION by Defendants AbbVie Inc., Abbott Laboratories for summary judgment on Plaintiffs' Failure-to-Warn Claims and Memorandum of Law in Support (Attachments: #1 Index of Exhibits)(Yeary, Michelle)
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Filing 1744
MINUTE entry before the Honorable Matthew F. Kennelly: The Court's order on the AbbVie defendants' motion for leave to file excess pages stated, "The total page limit for three omnibus briefs discussed in the motions is limited to a total of 320 pages." The briefs filed by the AbbVie defendants exceed this limit, totaling 75 pages (dkt. no. 1734), 120 pages plus 7 pages of demonstratives (dkt. no. 1737), and 141 pages plus 12 pages of demonstratives (dkt. no. 1742). The grand total is either 336 pages or 355 pages, depending on how one counts. These filings are stricken on the ground that they violate the Court's order. The AbbVie defendants have until 8:00 p.m. today to file substitute briefs that comply with the Court's order. The Court advises that anything attached to a brief (other than a table of contents and a table of authorities) counts, and thus any demonstrative exhibits attached to a brief counts against the page limit. (mk)
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Filing 1743
Statement of Undisputed Material Facts in Support of its Motion to Exclude Plaintiffs' Expert Testimony on the Issue of Causation, and for Summary Judgment (Yeary, Michelle)
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Filing 1742
DOCUMENT REMOVED PER COURT ORDER #1764 . Modified on 2/21/2017 (pjg, ).
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Filing 1741
SEALED DOCUMENT Related to Memorandum in Support of Plaintiffs' Motion to Limit Testimony (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit N, #8 Exhibit O)(Miracle, Trent)
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Filing 1740
Memorandum in Support of Plaintiffs' Motion to Limit the Testimony of M. Larentius Marais, Ph.D. (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, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Smith, Brendan)
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Filing 1739
Statement of Undisputed Material Facts in Support of Defendants' Motion for Summary Judgment on Plaintiffs' Failure-to-Warn Claims (Yeary, Michelle)
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Filing 1738
MOTION to strike Limit the Testimony of M. Laurentius Marais, Ph.D. (Smith, Brendan)
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Filing 1737
DOCUMENT REMOVED PER COURT ORDER #1764 . Modified on 2/21/2017 (pjg, ).
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Filing 1736
MOTION by Defendants Besins Healthcare Inc., Besins Healthcare S.A. for summary judgment (Attachments: #1 Exhibit 1)(Yeary, Michelle)
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Filing 1735
Statement of Undisputed Material Facts in Support of Defendants' Motion for Summary Judgment on Plaintiffs' "Off-Label" Marketing Claims (Yeary, Michelle)
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Filing 1734
DOCUMENT REMOVED PER COURT ORDER #1764 . Modified on 2/21/2017 (pjg, ).
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Filing 1733
ORDER REGARDING MOTION TO COMPEL RELATING TO DR. ADRIAN DOBS, signed by the Honorable Matthew F. Kennelly on 2/17/2017. (This order applies to all cases.) (mk)
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Filing 1732
SEALED DOCUMENT (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2)(Yeary, Michelle)
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Filing 1731
MOTION to strike Opinions of Plaintiffs' Expert Dr. Steven Woloshin regarding "Disease Mongering" (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2)(Yeary, Michelle)
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Filing 1730
SEALED DOCUMENT (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Yeary, Michelle)
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Filing 1729
MOTION to strike Testimony of Plaintiffs' Expert Robert W. Johnson and Memorandum of Law in Support (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Yeary, Michelle)
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Filing 1728
SEALED DOCUMENT (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Yeary, Michelle)
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Filing 1727
MOTION to strike Testimony of Plaintiffs' Expert Dr. Curt Furberg (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Yeary, Michelle)
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Filing 1724
MINUTE entry before the Honorable Matthew F. Kennelly: Application by Veronica Irkizzary-Baez to appear pro hac vice #1692 is granted. Counsel is directed to establish an e-filing account in this district. Mailed notice. (pjg, )
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Filing 1723
TRANSCRIPT OF PROCEEDINGS held on February 16, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/10/2017. Redacted Transcript Deadline set for 3/20/2017. Release of Transcript Restriction set for 5/18/2017. (Cox, Carolyn)
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Filing 1726
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 2/16/2017. All disputed items on the joint agenda are discussed. Joint status report with a proposed fact discovery cutoff for Auxilium cases to be filed by 2/27/2017. A phone conference regarding that issue is set for 3/2/2017 at 1:30 p.m. Lead counsel are to dial into the conference at (888) 684-8852 - access code 7461053. Discussion held regarding supplemental custodial files requests to AbbVie. Such requests shall be limited to the protocol for clinical trials including discussions, minutes, notes, correspondence and emails with the FDA. Motion to extend page limits #1721 and corrected motion to extend page limits #1722 are granted in part. The total page limit for three omnibus briefs discussed in the motions is limited to a total of 320 pages. Argument heard on motion to compel production of documents from Adrian S. Dobs, M.D., M.H. #1700 . Matter is taken under advisement. The Court will endeavor to rule by 2/19/2017. Future case management conferences remain set for 3/16/2017 at 1:30 p.m. and 4/13/2017 at 1:30 p.m. Mailed notice. (pjg, )
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Filing 1725
MINUTE entry before the Honorable Matthew F. Kennelly: In-chambers meeting held with lead counsel on 2/16/2017. Joint status report regarding sequence of AbbVie bellwether trials is to be filed on 2/27/2017. In addition, counsel are also to report to the Court by 2/24/2017, via letter with a copy to opposing counsel, regarding the settlement master issues discussed in the 2/16/2017 in-chambers meeting with lead counsel. Mailed notice. (pjg, )
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Filing 1722
MOTION for leave to file excess pages (Kim, Mary)
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Filing 1721
MOTION for leave to file excess pages (Kim, Mary)
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Filing 1719
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw as attorney #1704 is granted; Attorney Niji Jain terminated. Mailed notice. (pjg, )
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Filing 1718
CONDITIONAL TRANSFER ORDER (CTO-99) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (jjr, )
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Filing 1720
THIRD PARTY Adrian Dobs' Opposition to motion to compel #1700 . (sxn, )
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Filing 1717
STATUS Report (Joint) for the February 16, 2017 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 1716
Joint Agenda for the February 16, 2017 Case Management Conference (Smith, Brendan)
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Filing 1715
REPLY to Response #1703 , motion to compel #1700 In Further Support of Plaintiffs' Motion to Compel Production of Documents from Adrian S. Dobs, M.D., M.H. (Attachments: #1 Exhibit 7, #2 Exhibit 8, #3 Exhibit 9, #4 Exhibit 10)(Miracle, Trent)
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Filing 1714
SEALED REPLY In Further Support of Plaintiffs' Motion to Compel Production of Documents from Adrian S. Dobs, M.D., M.H. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Miracle, Trent)
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Filing 1713
MINUTE entry before the Honorable Matthew F. Kennelly: A meeting including lead counsel will be held in chambers starting at 1:15 p.m. on 2/16/2017, the date of the next case management conference. Attorney Niemeyer shall appear by phone for this meeting. Mailed notice. (pjg, ) Modified on 2/14/2017 (pjg, ).
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Filing 1712
STIPULATION of Dismissal (Abrams, Rachel)
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Filing 1710
CONDITIONAL TRANSFER ORDER (CTO-98) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (jjr, )
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Filing 1709
NOTICE by Madeline E. McNeeley of Change of Address or Name (McNeeley, Madeline)
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Filing 1708
NOTICE by Kristy G Sweat of Change of Address or Name (Sweat, Kristy)
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Filing 1707
NOTICE by Stephen G Lowry of Change of Address or Name (Lowry, Stephen)
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Filing 1706
NOTICE by Jed D Manton of Change of Address or Name (Manton, Jed)
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Filing 1705
NOTICE of Motion by William F Cavanaugh, Jr for presentment of motion to withdraw as attorney #1704 before Honorable Matthew F. Kennelly on 2/16/2017 at 09:30 AM. (Cavanaugh, William)
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Filing 1704
MOTION by Attorney Niji Jain to withdraw as attorney. No party information provided (Cavanaugh, William)
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Filing 1711
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel Alex H MacDonald, returned as Spam. The Clerk mailed to counsel letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Alex H MacDonald with document #1703 . (sxn, )
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Filing 1703
RESPONSE to Plaintiffs' Motion to Compel Production of Documents from Adrian S. Dobs, M.D., M.H. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Kim, Mary)
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Filing 1702
STIPULATION of Dismissal With Prejudice (Abrams, Rachel)
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Filing 1701
MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion to compel production of documents from Adrian Dobs #1700 is to be filed by 2/8/2017. Reply to response is to be filed by 2/13/2017. Argument, if deemed necessary by the Court, and ruling are set for 2/16/2017 at 1:30 PM. (mk)
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Filing 1700
MOTION to compel production of documents from Adrian S. Dobs, M.D., M.H. (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)(Smith, Brendan)
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Filing 1699
NOTICE of Correction regarding complaint #1698 . (kp, )
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Filing 1698
FILED on the incorrect docket. (Docket Text Modified by Clerks Office.)(Seeger, Christopher) Modified on 1/30/2017 (kp, ).
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Filing 1697
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 1/27/2017. For reasons stated in open court, motion to strike #1690 is denied and amended motion for leave to conduct the deposition of Jennifer Mages Weissmann after the 2/7/2017 discovery deadline #1693 is granted. Mailed notice. (pjg, )
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Filing 1696
TRANSCRIPT OF PROCEEDINGS held on January 27, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/17/2017. Redacted Transcript Deadline set for 2/27/2017. Release of Transcript Restriction set for 4/27/2017. (Cox, Carolyn)
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Filing 1695
MINUTE entry before the Honorable Matthew F. Kennelly: Motions to dismiss #1339 and #1527 are terminated as they have been ruled upon in their member cases. Mailed notice. (pjg, )
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Filing 1694
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing set for 1/27/2017 at 9:30 a.m. regarding motion to strike discovery beyond CMO No. 36 discovery deadline #1690 , motion #1691 and amended motion to conduct the deposition of Jennifer Mages Weissman after the February 27, 2017 discovery deadline #1693 . A telephonic appearance is permitted, however, only one person per side may be heard. Mailed notice. (pjg, )
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Filing 1693
MOTION Amended Motion for Leave to Conduct the Deposition of Jennifer Mages Weissmann After the February 7, 2017 Discovery Deadline (Miracle, Trent)
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Filing 1692
MOTION for Leave to Appear Pro Hac Vice (Veronica Irizarry-Baez) (Irizarry-Vaez, Veronica)
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Filing 1691
MOTION for Leave to Conduct the Deposition of Jennifer Mages Weissman After the February 27, 2017 Discovery Deadline (Miracle, Trent)
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Filing 1690
MOTION to strike Discovery Beyond CMO No. 36 Discovery Deadline (Yeary, Michelle)
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Filing 1689
ATTORNEY Appearance for Defendants Eli Lilly and Company, Lilly USA, LLC by Mildred Y Segura (Segura, Mildred)
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Filing 1688
ATTORNEY Appearance for Defendants Eli Lilly and Company, Lilly USA, LLC by Kevin G Lohman (Lohman, Kevin)
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Filing 1687
ATTORNEY Appearance for Defendant Eli Lilly and Company by William J McDonough (McDonough, William)
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Filing 1686
TRANSCRIPT OF PROCEEDINGS held on January 19, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/10/2017. Redacted Transcript Deadline set for 2/21/2017. Release of Transcript Restriction set for 4/20/2017. (Cox, Carolyn)
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Filing 1685
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 1/19/2017. Regarding the pending motions for sanctions concerning Case No. 15 C 1086, Garcia v. AbbVie, and Case No. 15 C 2760, Rowley v. AbbVie, counsel are directed to meet and confer as stated in open court prior to the February case management conference. The Court anticipates setting a briefing schedule on those motions, if appropriate, at the February case management conference. The Court continues to have under advisement the matter of appointment of a settlement master. Issues identified in joint status report regarding discovery from Dr. Morgentaler are discussed; any disputes requiring the Court's intervention are to be brought to the Court's attention promptly and are to be noticed for presentment in court well in advance of the February case management conference and, preferably, in advance of the scheduled February 6 date for Dr. Morgentaler's deposition. An amended case management order is to be submitted with respect to Medical Mutual of Ohio v. AbbVie, Case No. 14 C 8857 following further discussion among counsel. Case Management Conferences set for 2/16/2017 at 1:30 p.m., 3/16/2017 at 1:30 p.m. and 4/13/2017 at 1:30 p.m. Mailed notice. (pjg, )
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Filing 1684
ATTORNEY Appearance for Defendants Eli Lilly and Company, Lilly USA, LLC by Stephen J McConnell (McConnell, Stephen)
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Filing 1683
ATTORNEY Appearance for Defendants Eli Lilly and Company, Lilly USA, Inc. by Melissa Anne Geist (Geist, Melissa)
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Filing 1682
FIRST AMENDED CASE MANAGEMENT ORDER NO. 8(protective order), signed by the Honorable Matthew F. Kennelly on 1/18/2017. (mk)
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Filing 1681
Joint Agenda for the January 19, 2017 Case Management Conference (Smith, Brendan)
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Filing 1680
STATUS Report (Joint) for the January 19, 2017 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 1679
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to consolidate cases #1445 and motion to withdraw as attorney #1471 have been ruled upon in their respective individual cases and are therefore terminated as pending motions in the main MDL file. (mk)
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Filing 1678
MINUTE entry before the Honorable Matthew F. Kennelly: The following motions, all of which are motions to dismiss individual cases filed pursuant to CMO 9 by the Lilly defendants or motions to withdraw such motions, are terminated because they have been or will be ruled on in the individual cases: dkt. nos. 1285, 1319, 1325, 1340, 1341, 1359, 1360, 1361, 1364, 1369, 1382, 1391, 1415, 1424, 1430, and 1443. Counsel for the Lilly / Acrux defendants is advised that in the Court's view, such motions should be filed only under the individual case number, not under the main case number, to avoid undue docket clutter. Motions 1491 & 1493 are terminated as moot. (mk)
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Filing 1677
STIPULATION of Dismissal (Quinlivan, Meghan)
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Filing 1676
ATTORNEY Appearance for Defendants AbbVie, Inc., AbbVie, Inc., Abbott Laboratories, Abbott Laboratories Inc. by Mary H. Kim (Kim, Mary)
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Filing 1675
NOTICE by Daniel M. Meyers of Change of Address (Meyers, Daniel)
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Filing 1674
NOTICE by Andrew Keith Solow of Change of Address (Solow, Andrew)
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Filing 1673
TRANSCRIPT OF PROCEEDINGS held on December 22, 2016 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/25/2017. Redacted Transcript Deadline set for 2/6/2017. Release of Transcript Restriction set for 4/4/2017. (Cox, Carolyn)
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Filing 1672
AbbVie December 30, 2016 Letter to Judge Kennelly Regarding Dr. Gerstman's Rebuttal Report (Yeary, Michelle)
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Filing 1671
Plaintiffs' December 30, 2016 Letter to Judge Kennelly Regarding Dr. Gerstman's Rebuttal Report (See D.E. 1670) (Smith, Brendan)
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Filing 1670
MINUTE entry before the Honorable Matthew F. Kennelly: (This order applies to all cases.) AbbVie has moved to strike portions of the rebuttal report of Dr. B. Bud Gertsman on the ground that it is not proper rebuttal. The request and a response by the plaintiffs' steering committee were made pursuant to letter due to the time-sensitivity of the issue (Dr. Gerstman's deposition is currently set for tomorrow, and the rebuttal report was served on December 26). The parties are advised to file their letters on the docket in this case so that a proper record may be made. The Court also heard further argument in a telephone conference on today's date. The Court concludes as follows: 1) The studies addressed in the report are properly part of a rebuttal report. Even though two of them were issued before Dr. Gerstman's initial report, they were issued just before that report was due, and plaintiffs were not reasonably able to have Dr. Gertsman include them in his initial report. All three of the studies were addressed in defense expert reports. Accordingly, Dr. Gerstman appropriately may address them in a rebuttal report. 2) The analysis in the report is, likewise, proper rebuttal. AbbVie argues that the same analysis that Dr. Gertsman applied to these studies also likely applies to other earlier studies, and Dr. Gerstman has evidently used it in past cases. But the rebuttal report, which is what the Court is addressing at this point, is focused on the three studies in question, and the criticism by Dr. Gertsman in the report is directed to those studies, all of which were addressed and relied upon by defense experts. 3) AbbVie is not unfairly prejudiced, assuming that is even an issue given the reasonable justification for including the contested information in Dr. Gerstman's rebuttal report. If AbbVie believes that it requires more time in order to prepare to question Dr. Gertsman on these subjects, it should take up the plaintiffs' steering committee on its offer to move his deposition until later in the expert deposition lineup. For these reasons, the Court denies AbbVie's request to strike portions of Dr. Gerstman's rebuttal report. (mk)
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Filing 1669
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone conference relating to matter regarding expert reports set for 1/3/2017 at 9:30 a.m. The call shall include a member of plaintiffs' co-lead counsel, a member of plaintiffs' executive committee and AbbVie's lead counsel. (pjg, )
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Filing 1668
MINUTE entry before the Honorable Matthew F. Kennelly: The application of Alexa Cox to appear pro hac vice #1667 is granted. (mk)
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Filing 1667
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12700275. (Cox, Alexa)
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Filing 1666
MINUTE entry before the Honorable Matthew F. Kennelly: Hearing on Motion to Compel Subpoena Duces Tecum of Dr. Abraham Morgentaler held on 12/22/2016. Agreement by the parties reached on all items except for # 9, # 11 and # 12. The Court rules on these items as follows: # 9, the scope is limited to three years as proposed by respondent; # 11, the PowerPoint and other presentations going back 7 years are to be produced; and # 12, the documents shall be limited to 1099s and written agreements. With regard to item # 9, the ruling remains subject to later review and revision as stated in open court. (pjg, )
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Filing 1665
TRANSCRIPT OF PROCEEDINGS held on December 21, 2016 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/12/2017. Redacted Transcript Deadline set for 1/23/2017. Release of Transcript Restriction set for 3/22/2017. (Cox, Carolyn)
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Filing 1664
STATUS Report (Joint) Regarding Motion to Compel Subpoena Duces Tecum of Dr. Abraham Morgentaler by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 1663
CASE MANAGEMENT ORDER NO. 19B (AMENDED)(Second Revised Case Management Plan as to Pfizer Inc. andPharmacia & Upjohn Company LLC), sifned by the Honorable Matthew F. Kennelly on 12/21/2016. (mk)
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Filing 1662
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone conference set for 12/21/2016 at 11:00 a.m. The call shall include a member of plaintiffs' co-lead counsel, a member of plaintiffs' executive committee and Pfizer's lead counsel. (pjg, )
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Filing 1661
CASE MANAGEMENT ORDER NO. 37 (Actavis fact discovery and bellwether selection), signed by the Honorable Matthew F. Kennelly on 12/18/2016. (mk)
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Filing 1660
MINUTE entry before the Honorable Matthew F. Kennelly: Any objection to the plaintiffs' steering committee's request to serve rebuttal expert reports [dkt. no. 1659] must be filed by no later than the close of business on 12/21/2016. (mk)
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Filing 1659
Plaintiffs' Steering Committee's Notice and Request for Rebuttal/Supplemental Reports Pursuant to CMO 14 (Smith, Brendan)
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Filing 1658
TRANSCRIPT OF PROCEEDINGS held on December 15, 2016 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/6/2017. Redacted Transcript Deadline set for 1/17/2017. Release of Transcript Restriction set for 3/16/2017. (Cox, Carolyn)
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Filing 1657
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 12/15/2016. All matters on the agenda and joint status report were addressed. (1) Product Liability Cases: (b) AbbVie's motions for sanctions in Garcia v. AbbVie Inc., et al. (15-cv-1086) and Rowley v. AbbVie Inc., et al. (15-cv-2760) are entered and continued to the next case management conference previously set for 1/19/2017. Regarding the Garcia case, AbbVie is to promptly provide the Court with a supplement to its motion estimating the attorney's fees it contends it unnecessarily or wrongly incurred. Regarding the Rowley case, the parties are to immediately confer to determine what needs to be done by way of discovery to deal with the issues addressed in the motion and are to promptly report back to the Court. (c) Plaintiffs' Steering Committee's motion to compel production of documents pursuant to subpoenas served on Abraham Morgantaler, MD, FACS and the Androgen Study Group #1623 is continued to 12/22/2016 at 1:30 p.m. Joint status report regarding the Dr. Morgantaler issue is to be filed by 4:30 p.m. on 12/21/2016. The next case management conference remains set for 1/19/2017 at 1:30 p.m. Mailed notice. (pjg, )
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Filing 1656
RESPONSE in Opposition to the PSC's Motion to Compel Discovery from Besins (Yeary, Michelle)
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Filing 1655
REPLY Brief in Support of PSC's Motion to Compel Production of Documents Pursuant to Subpoenas Served on Abraham Morgentaler, MD, FACS and the Androgen Study Group (ASG) (Smith, Brendan)
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Filing 1654
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1650 , #1649 , #1648 , #1652 , #1646 , #1653 , #1651 , #1647 sent to Attorney Charles G. Monnett, III returned as: Unknown Address Error. Mailed to attorney Charles G. Monnett, III a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1653
Joint Agenda for the December 15, 2016 Case Management Conference (Smith, Brendan)
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Filing 1652
STATUS Report (Joint) for December 15, 2016 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 1651
SEALED DOCUMENT Exhibit A to Reply in Support of Motion for Sanctions (Yeary, Michelle)
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Filing 1650
REPLY in Support of Motion for Sanctions (Yeary, Michelle)
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Filing 1649
SEALED DOCUMENT Exhibit A to Reply in Support of Motion for Sanctions (Yeary, Michelle)
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Filing 1648
REPLY in Support of Motion for Sanctions (Yeary, Michelle)
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Filing 1647
MINUTE entry before the Honorable Matthew F. Kennelly: Lead counsel are requested to come to Judge Kennelly's chambers at 1:15 PM on 12/15/2016 for a brief meeting preceding the case management conference set for 1:30 PM on that date. (mk)
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Filing 1646
STIPULATION of Dismissal (Quinlivan, Meghan)
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Filing 1645
MOTION to compel Discovery from Besins (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)(Smith, Brendan)
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Filing 1644
CONDITIONAL TRANSFER ORDER (CTO-97) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1643
STATUS Report on Actavis-only Case Management Order by Plaintiffs' Steering Committee (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Smith, Brendan)
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Filing 1642
RESPONSE of Non-Party Witness Dr. Abraham Morgentaler to Plaintiffs' Motion to Compel Production of Documents and Cross-Motion for Protective Order (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)(Oh, Heidi)
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Filing 1641
NOTICE of Correction regarding MOTION to remove Joseph E. O'Neil, Esquire as counsel of record #1640 (nsf, )
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Filing 1640
DOCUMENT ENTERED IN ERROR. Modified on 12/8/2016 (nsf, ). Modified on 12/23/2016 (pjg, ).
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Filing 1639
RESPONSE in Opposition to AbbVie's Motions for Sanctions by the PSC (Smith, Brendan)
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Filing 1638
SEALED DOCUMENT (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Mismash, Nancy)
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Filing 1637
RESPONSE To AbbVie's Motion For Sanctions (Mismash, Nancy)
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Filing 1636
SEALED DOCUMENT (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Mismash, Nancy)
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Filing 1635
RESPONSE To AbbVie's Motion For Sanctions (Mismash, Nancy)
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Filing 1634
MINUTE entry before the Honorable Matthew F. Kennelly: The application of Heidi M. Oh to appear pro hac vice #1632 is granted. Counsel is directed to contact the Clerk of Court to establish an e-filing account in this district if she has not already done so. The motion of non-party witness Dr. Abraham Morganthaler for an extension of time is denied. The due date of 12/9/2016 remains in effect. (mk)
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Filing 1633
MOTION for extension of time to file response/reply as to set motion and R&R deadlines/hearings, #1629 (Oh, Heidi)
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Filing 1632
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12636006. (Oh, Heidi)
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Filing 1630
MINUTE entry before the Honorable Matthew F. Kennelly: Pfizer defendants' motion for substitution of counsel #1624 is granted. The hearing date of 12/6/2016 for this motion and the PSC's motion to compel is vacated. (mk)
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Filing 1629
MINUTE entry before the Honorable Matthew F. Kennelly: Response to PSC's motion to compel documents pursuant to subpoenas served on Abraham Morganthaler, MD and Androgen Study group is to be filed by 12/9/2016. Reply to response is to be filed by 12/14/2016. Hearing, if necessary, and ruling are set for 12/15/2016 at 1:30 PM. (mk)
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Filing 1631
MAIL RETURNED, for document #1609 sent to Curtis Sepulveda returned as undeliverable, return to sender. Attorney contacted and directed to file a Notification of Change of Address with the Clerk's Office. Re-mailed #1609 to 7155 S. 48th Lane, Laveen, AZ 85337. (kp, )
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Filing 1628
Redacted Version - Memorandum in Support of PSC's Motion to Compel Production of Documents Pursuant to Subpoenas Served on Abraham Morgantaler, MD, FCS, and the Androgen Study Group (ASG) and Request for Expedited Hearing (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 26, #15 Exhibit 27, #16 Exhibit 29, #17 Exhibit 30, #18 Exhibit 31, #19 Exhibit 32, #20 Exhibit 33, #21 Exhibit 34, #22 Exhibit 35, #23 Exhibit 36, #24 Exhibit 37)(Smith, Brendan)
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Filing 1627
NOTICE of Motion by Trent B. Miracle for presentment of motion to compel #1623 before Honorable Matthew F. Kennelly on 12/6/2016 at 09:30 AM. (Miracle, Trent)
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Filing 1626
SEALED DOCUMENT Memorandum In Support Of Plaintiff Steering Committees Motion To Compel Production Of Documents Pursuant To Subpoenas Served On Abraham Morgantaler, MD, FACS And The Androgen Study Group (Asg) And Request For Expedited Hearing (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(Miracle, Trent)
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Filing 1625
NOTICE of Motion by Andrew Michael Fraerman for presentment of motion to substitute attorney #1624 before Honorable Matthew F. Kennelly on 12/6/2016 at 09:30 AM. (Fraerman, Andrew)
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Filing 1624
MOTION to substitute attorney Cara D. Edwards in and Withdraw Andrew M. Fraerman as Attorney (Fraerman, Andrew)
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Filing 1623
MOTION to compel Plaintiffs Steering Committees Motion To Compel Production Of Documents Pursuant To Subpoenas Served On Abraham Morgantaler, MD, FACS And The Androgen Study Group And Request For Expedited Hearing (Miracle, Trent)
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Filing 1622
MINUTE entry before the Honorable Matthew F. Kennelly: This order concerns Case No. 15-cv-12086, Garcia v. AbbVie Inc. Defendants have filed a motion for sanctions. Plaintiff is directed to file a written response to defendants' motion for sanctions by no later than 12/7/2016. Defendants are directed to file a written reply by no later than 12/13/2016. These dates are not subject to extension. The motion is set for hearing and possible ruling at the MDL case management conference set for 12/15/2016 at 1:30 PM. Counsel for Mr. Garcia is ordered to appear in person at the hearing. (mk)
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Filing 1621
MOTION for sanctions (Attachments: #1 Affidavit Rule 37 Certification, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Yeary, Michelle)
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Filing 1620
MINUTE entry before the Honorable Matthew F. Kennelly: This order concerns Rowley v. AbbVie Inc., Case No. 15-cv-2760. Plaintiff is directed to file a written response to defendants' motion for sanctions by no later than 12/7/2016. Defendants are directed to file a written reply by no later than 12/13/2016. These dates are not subject to extension. The motion is set for hearing and possible ruling at the case management conference set for 12/15/2016 at 1:30 PM. Counsel for Mr. Rowley is ordered to appear in person at the hearing. (mk)
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Filing 1619
MOTION for sanctions (Attachments: #1 Affidavit Rule 37 Certification, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Yeary, Michelle)
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Filing 1618
CASE MANAGEMENT ORDER NO. 36 (further deadlines for AbbVie bellwether trial cases), signed by the Honorable Matthew F. Kennelly on 11/23/2016. (mk)
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Filing 1617
AbbVie Inc.'s Submission Regarding Discovery Cutoff (Yeary, Michelle)
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Filing 1616
Letter PSC's letter submission regarding AbbVie general discovery (Seeger, Christopher)
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Filing 1615
TRANSCRIPT OF PROCEEDINGS held on November 18, 2016 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/14/2016. Redacted Transcript Deadline set for 12/27/2016. Release of Transcript Restriction set for 2/21/2017. (Cox, Carolyn)
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Filing 1614
STATUS Report Regarding Branch Law Firm Cases by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Smith, Brendan)
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Filing 1613
MINUTE entry #1612 is corrected as follows: MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status conference held regarding AbbVie fact discovery cutoff date issue. To date, the parties have not been able to reach agreement. A further submission from each side, not to exceed 3 pages, is to be filed by 12:00 noon on 11/23/2016. Mailed notice. (pjg, )
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Filing 1612
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status conference held regarding AbbVie fact discovery cutoff date issue. To date, the parties have not been able to reach agreement. A further submission from each side, not to exceed 3 pages, is to be filed by 12:00 noon on 11/22/2016. (mk)
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Filing 1611
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Endo Pharmaceuticals Inc. (Amended) (Solow, Andrew)
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Filing 1610
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Auxilium Pharmaceuticals, LLC (Amended) (Solow, Andrew)
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Filing 1609
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held by conference call with plaintiffs' lead counsel and counsel for all defendants participating. All matters on revised agenda and joint status report were addressed. (1) AbbVie: On the issue of an overall fact discovery cutoff date, the Court again advised that all AbbVIe bellwether trial cases are to be trial ready before 6/5/2016 and that although the cases will be listed for trial in a sequence, if cases higher on the list are dismissed or settled, cases further down on the list will be moved up so that an AbbVie bellwether trial starts as scheduled on 6/5/2017 and a second AbbVie bellwether trial starts immediately or nearly immediately after the first trial is finished. Counsel are continuing to confer regarding a fact discovery cutoff date. A telephone conference on that issue is set for 11/22/2016 at 8:15 AM. Counsel are to provide a call-in number to Judge Kennelly's chambers by 12:00 PM on 11/21/2016. (2) Actavis: A status report is to be filed by 12/5/2016, including: (a) a statement of the current status of the parties' discussions regarding a case management / bellwether order; (b) proposals from each side (or agreed proposals) for a case management / bellwether order under two alternatives - if there are Lexecon waivers, and if there are not Lexecon waivers; (c) as an attachment, a list of all cases in which Actavis entities are named, identifying where the case would be venued if remanded, whether there are other defendants and if so who, and any other pertinent information the parties wish to provide; and (d) any other points either side wishes to make regarding an appropriate case management / bellwether order. (3) Branch law firm cases: a detailed joint status report regarding substitution of counsel, the status of providing plaintiff's fact sheets, and the status of any pending motions to dismiss. (4) Appointment of settlement master: The Court directs the parties to propose candidates for a settlement master to be appointed by the Court, no more than 3 candidates per side, to be addressed in a separate joint status report to be filed by 12/5/2016. Mailed notice. (pjg, )
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Filing 1608
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1606 , #1604 , #1603 , #1605 sent to Attorney Luke Hasskamp returned as: Unknown Address Error. Mailed to attorney Luke Hasskamp a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1607
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1606 , #1604 , #1603 , #1605 sent to Attorney John Randolph Davis returned as: unknown address error. Mailed to attorney John Randolph Davis a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1606
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to substitute attorney #1599 is granted. Attorney Kathy A. Rito for Andrea Estroff, added. Attorney Rachel A. Sternlieb terminated. (pjg, )
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Filing 1605
MINUTE entry before the Honorable Matthew F. Kennelly:Motion to withdraw as attorney #1584 is granted. Attorney Reid A. Page is terminated from this case. (pjg, )
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Filing 1604
CONDITIONAL TRANSFER ORDER (CTO-96) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1603
Amended Joint Agenda for the November 18, 2016 Case Management Conference (Smith, Brendan)
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Filing 1602
Joint Agenda for the November 18, 2016 Case Management Conference (Smith, Brendan)
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Filing 1601
STATUS Report (Joint) for November 18, 2016 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 1600
MINUTE entry before the Honorable Matthew F. Kennelly: Motions to remove Joseph E. O'Neil, Esquire, Andreas Ringstad, Esquire, Ricky M. Guerra, Esquire and Thomas Finarelli, Esquire as counsel of record #1595 , #1596 , #1597 , and #1598 are granted in part. Attorneys Joseph E. O'Neil, Andreas Ringstad, Thomas Finarelli and Ricky Mario Guerra are terminated from this case (14 C 1748). Counsel are directed to either file a separate motion in each individual case for which they request removal as counsel of record or a single motion listing each of those cases. Mailed notice. (pjg, )
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Filing 1599
MOTION to substitute attorney (Morrison, Walter)
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Filing 1598
MOTION to remove Thomas Finarelli, Esquire as counsel of record. (sxn, )
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Filing 1597
MOTION to remove Ricky M. Guerra, Esquire as counsel of record. (sxn, )
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Filing 1596
MOTION to remove Andreas Ringstad, Esquire as counsel of record. (sxn, )
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Filing 1595
MOTION to remove Joseph E. O'Neil, Esquire as counsel of record. (sxn, ) Modified on 11/14/2016 (sxn, ).
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Filing 1594
MINUTE entry before the Honorable Matthew F. Kennelly: The Court vacates the case management conference set for 11/17/2016 at 1:30 PM and resets it to 11/18/2016 at 8:30 AM. The case management conference will be held by telephone conference but will not be broadcasted due to technical issues. Lead counsel are directed to set up a call-in number for the participants and are to communicate it to Judge Kennelly's chambers by 11/15/2016. Mailed notice. (pjg, )
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Filing 1593
ORDER REGARDING UNDER-SEAL FILING IN MEDICAL MUTUAL CASE (No. 14-cv-8857), signed by the Honorable Matthew F. Kennelly on 11/5/2016. (mk)
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Filing 1592
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to file additional appearances #1590 is granted. Brian J. Perkins and Steven J. Rizzi, both of Meyers & Flowers, LLC have leave to file additional appearances on behalf of plaintiffs listed in the cases listed on Exhibit A of their motion #1590 . The 11/8/2016 hearing for this motion is vacated. Mailed notice. (pjg, )
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Filing 1591
NOTICE of Motion by Brian John Perkins for presentment of motion for leave to file #1590 before Honorable Matthew F. Kennelly on 11/8/2016 at 09:30 AM. (Perkins, Brian)
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Filing 1590
MOTION for leave to file Motion for Leave to File Additional Appearances (Attachments: #1 Exhibit A)(Perkins, Brian)
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Filing 1589
Master Answer of Defendants Besins Healthcare S.A. to Plaintiffs' Fourth Amended Master Long-Form Complaint and Jury Demand (Boisvert, Christopher)
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Filing 1588
FOURTH AMENDED CASE MANAGEMENT ORDER NO. 14 - CASE MANAGEMENT PLAN Part 2 - (AbbVie bellwether cases selection and pretrial / trial schedule) The Court hereby issues the following Fourth Amended Case Management Order No. 14. The only revisions as compared with the previous version of Case Management Order No. 14 are in Section V. Signed by the Honorable Matthew F. Kennelly on 10/27/2016. (mk)
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Filing 1587
CERTIFICATE of Service re Defendants Eli Lilly and Company and Lilly USA, LLC's Responses to Plaintiffs' Second Request for the Production of Documents (Kwuon, Janet)
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Filing 1586
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone conference set for 10/27/2016 at 11:00 a.m. Lead counsel to participate. (pjg, )
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Filing 1585
TRANSCRIPT OF PROCEEDINGS held on October 20, 2016 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/16/2016. Redacted Transcript Deadline set for 11/28/2016. Release of Transcript Restriction set for 1/24/2017. (Cox, Carolyn)
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Filing 1584
MOTION by Attorney Reid A. Page to withdraw as attorney. No party information provided (Page, Reid)
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Filing 1583
NOTICE OF EMAIL NOTIFICATION FAILURE, for entry dated 10/21/2016 sent to Attorney William T. Harvey returned as: Other Mail System Problem. Mailed to attorney William T. Harvey a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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On 10/21/2016 the Clerk audited this case file and discovered that Attorneys Brian Thomas Dailey, Thomas Finarelli, Ricky Mario Guerra, Joseph E. O'Neil, Reid A. Page and Andreas Ringstad are not receiving electronic notice. The Clerk modified CM/ECF to provide notice to the attorneys. The record indicates you are counsel of record in this case. If you are no longer representing this client, you must file a motion to withdraw from this case pursuant to LR 83.17.(rp, )
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MEMBER CASE OPENED from Northern District of Illinois; ( 16cv9869 Anthony v. AbbVie Inc. et al / Direct file in ILND). In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545 ) (nsf, )
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Filing 1582
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 10/20/2016. All items on the agenda were discussed. Certain contested matters were ruled upon as described in open court. The previously set case management conference remains set for 11/17/2016 at 1:30 p.m. Further case management conferences will be held on 12/15/2016 at 1:30 p.m. and 1/19/2017 at 1:30 p.m. Mailed notice. (pjg, )
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Filing 1581
CASE MANAGEMENT ORDER NO. 35 (Motions to Withdraw as Counsel Filing Affidavits Under Seal; Noticing Motion for Presentment), signed by the Honorable Matthew F. Kennelly on 10/20/2016. The Court notes that it made modifications to the proposed order submitted by counsel, so this order should be reviewed carefully. (mk)
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Filing 1580
CASE MANAGEMENT ORDER NO. 34 (certain third party subpoenas), signed by the Honorable Matthew F. Kennelly on 10/20/2016. (mk)
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Filing 1579
MINUTE entry before the Honorable Matthew F. Kennelly: Lead counsel for plaintiffs and for each defendant are requested to appear in Judge Kennelly's chambers at 1:00 PM on 10/20/2016 for a brief conference. (mk)
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Filing 1578
CERTIFICATE of Service by Michael J. Williams on behalf of Lowell Lucore, Michael Parker regarding Response #1577 (Williams, Michael)
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Filing 1577
RESPONSE to status report #1575 (Williams, Michael)
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Filing 1576
Joint Agenda for the October 20, 2016 Case Management Conference (Smith, Brendan)
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Filing 1575
STATUS Report (Joint) for October 20, 2016 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 1574
STATUS Report Summary Chart of Deadlines set forth in Case Management Orders: 19; 19-A (Auxillium); 19-B (Pfizer); 19-C (Lilly); 19-D (Actavis); 31 (Auxillium); 32 (Lilly); and 33 (Endo) by Plaintiff's Steering Committee (Smith, Brendan)
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Filing 1573
STIPULATION of Dismissal without Prejudice (Clinton, Matthew)
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Filing 1572
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 (Supplemental) by Anda, Inc. (Geoppinger, Jeffrey)
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Filing 1571
CONDITIONAL TRANSFER ORDER (CTO-95) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1570
MINUTE entry before the Honorable Matthew F. Kennelly: The Court grants the joint application for re-appointment to the plaintiffs' steering committee, for the period through 10/15/2017. (mk)
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Filing 1569
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 10/10/2016: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies Besins' motion to dismiss [dkt. no. 876] (mk)
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Filing 1568
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone conference set for 10/11/2016 at 8:20 AM. Plaintiffs' co-lead counsel, the Pennsylvania liaison attorney for plaintiffs, and the attorney for Auxilium to participate. (pjg, )
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Filing 1567
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 (Supplemental) by Actavis Pharma, Inc. (Geoppinger, Jeffrey)
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Filing 1566
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 (Supplemental) by Actavis Laboratories UT, Inc. (Geoppinger, Jeffrey)
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Filing 1565
NOTICE of Voluntary Dismissal by Richard Marinos DPT Laboratories, Ltd. (Harvey, William)
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Filing 1564
NOTICE of Voluntary Dismissal by Richard Marinos Endo International, PLC (Harvey, William)
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Filing 1563
Answer of Defendants Actavis plc, Actavis, Inc., Actavis Pharma, Inc., Watson Laboratories, Inc., and Anda, Inc. to the Third Amended Class Action Complaint (Matthews, James)
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Filing 1562
Answer of Defendants AbbVie Inc., Abbott Laboratories, Abbott Products, Inc., Solvay Pharmaceuticals, Inc., and Unimed Pharmaceuticals, LLC to the Third Amended Class Action Complaint (Cavanaugh, William)
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Filing 1561
STATUS Report regarding Branch Law Firm Dismissals by In Re: Testosterone Replacement Therapy Products Liability Litigation (Attachments: #1 Supplement)(Branch, Margaret)
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Filing 1560
MINUTE entry before the Honorable Matthew F. Kennelly: Complaint 1534 and civil cover sheet 1535 , having been improperly filed under the master file Case Number (14 C 1748), is hereby stricken. The improperly filed complaint has since been filed properly as a separate, new case, indicating the relationship to this MDL proceeding on the civil cover sheet under Case No. 16 C 8909. The Clerk is directed to remove the images of 1534 and 1535 from this docket. Mailed notice. (pjg, )
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Filing 1559
ATTORNEY Appearance for Defendants Auxilium Pharmaceuticals, Inc., Endo Pharmaceuticals Inc., GlaxoSmithKline LLC by James D. Herschlein (Herschlein, James)
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Filing 1558
SEALED DOCUMENT (Attachments: #1 Exhibit A, #2 Exhibit B)(Yeary, Michelle)
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Filing 1557
MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the notice of voluntary dismissal without prejudice against Solvay defendants, the Clerk is directed to terminate defendants Solvay, S.A.; Solvay S.A., Inc.; Solvay America, Inc.; Solvay Pharmaceuticals, SARL (now known as Solvay Luxembourg, SARL); and or Solvay North America, LLC. for the member cases listed on Exhibit A of the notice of voluntary dismissal #1556 . Mailed notice. (pjg, )
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Filing 1556
NOTICE of Voluntary Dismissal by Plaintiffs' Steering Committee against Solvay Defendants in individual actions identified in Exhibit A (Attachments: #1 Exhibit A (Case List))(Smith, Brendan)
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Filing 1555
STATUS Report (Joint) (Interim) Regarding Dismissal Lists by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 1554
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone conference set for 9/26/2016 at 11:00 a.m. Plaintiffs' co-lead counsel, the Pennsylvania liaison attorney for plaintiffs, and the attorney for Auxilium to participate. (pjg, )
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Filing 1553
MINUTE entry #1552 is amended as follows: MINUTE entry before the Honorable Matthew F. Kennelly: Telephone conference set for 9/20/2016 at 4:45 p.m. Plaintiffs' co-lead counsel, the Pennsylvania liaison attorney for plaintiffs and the attorney for Auxilium to participate. Mailed notice. (pjg, )
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Filing 1552
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone conference set for 9/20/2016 at 4:45 p.m. Plaintiff's Steering Committee, the Pennsylvania liaison attorney for plaintiffs and the attorney for Auxilium to participate. Mailed notice. (pjg, )
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Filing 1551
STIPULATION of Dismissal with prejudice (Becker, Timothy)
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Filing 1550
STIPULATION of Dismissal with prejudice (Becker, Timothy)
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Filing 1549
CASE MANAGEMENT ORDER 33 (ENDO FACT DISCOVERY AND BELLWETHER TRIALS), signed by the Honorable Matthew F. Kennelly on 9/16/2016. (mk)
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Filing 1548
CASE MANAGEMENT ORDER 32 (Random Selection of Lilly BellwetherPlaintiffs), signed by the Honorable Matthew F. Kennelly on 9/16/2016. (mk)
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Filing 1547
CASE MANAGEMENT ORDER 31 (corrected) (Auxilium Bellwether Trials), signed by the Honorable Matthew F. Kennelly on 9/16/2016. This corrected version of the order includes Exhibit 1, which was inadvertently omitted from the version docketed originally. (mk)
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Filing 1546
CASE MANAGEMENT ORDER 31 (corrected) (Auxilium Bellwether Trials), signed by the Honorable Matthew F. Kennelly on 9/16/2016. This corrected version of the order includes Exhibit 1, which was inadvertently omitted from the version docketed originally. (mk)
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Filing 1545
CASE MANAGEMENT ORDER # 31 (AUXILIUM BELLWETHER TRIALS), signed by the Honorable Matthew F. Kennelly on 9/16/2016. The Court notes that it made certain additions to paragraph 5 of the parties' proposed order. (mk)
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Filing 1544
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held regarding Auxulium cases. The Court will separately enter a case management order regarding Auxulium bellwether trials. A joint status report regarding the status of the Pennsylvania state court litigation involving Auxulium is to be filed on September 23, 2016. (mk)
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Filing 1543
MINUTE entry before the Honorable Matthew F. Kennelly: The attorneys are requested to meet in chambers (Room 2188) for the status hearing and ruling on the Auxilium bellwether selection and trial schedule on 9/16/2016 at 9:30 a.m. Mailed notice. (pjg, )
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Filing 1542
CONDITIONAL TRANSFER ORDER (CTO-94) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1541
STIPULATION of Dismissal with Prejudice (Stanley, David)
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Filing 1540
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1539
MINUTE entry before the Honorable Matthew F. Kennelly: Counsel for the PSC and Auxilium have asked the Court, via e-mail, to adjourn the conference / hearing set for 9/16/2016 or alternatively to conduct it by telephone. The request is denied. The Court, however, reserves the possibility of revisiting this request once the parties have filed the joint status report as required by the Court's order of 9/8/2016. (mk)
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Filing 1538
STIPULATION of Dismissal WITHOUT PREJUDICE (Leckman, T.)
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Filing 1537
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1536
NOTICE of Correction regarding 1535 and 1534 . (rm, )
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Filing 1535
DOCUMENT REMOVED per Court order on 9/27/2016. (pjg, ).
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Filing 1534
DOCUMENT REMOVED per Court order on 9/27/2016 (pjg, ).
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Filing 1533
STIPULATION of Dismissal of Entire Action with Prejudice (Stanley, David)
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Filing 1532
STIPULATION of Dismissal of Entire Action with Prejudice (Stanley, David)
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Filing 1531
STIPULATION of Dismissal of Entire Action without Prejudice (Stanley, David)
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Filing 1530
MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the notice of voluntary dismissal without prejudice against Solvay defendants, the Clerk is directed to terminate defendants Solvay, S.A.; Solvay S.A., Inc.; Solvay America, Inc.; Solvay Pharmaceuticals, SARL (now known as Solvay Luxembourg, SARL); and/or Solvay North America, LLC. for the member cases listed on Exhibit A of the notice of voluntary dismissal #1528 . (pjg, )
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Filing 1529
MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the notice of voluntary dismissal without prejudice against Solvay defendants, the Clerk is directed to terminate defendants Solvay, S.A.; Solvay S.A., Inc.; Solvay America, Inc.; Solvay Pharmaceuticals, SARL (now known as Solvay Luxembourg, SARL); and/or Solvay North America, LLC. for the member cases listed on Exhibit A of the notice of voluntary dismissal #1483 . (pjg, )
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Filing 1528
NOTICE of Voluntary Dismissal by Plaintiffs' Steering Committee against Solvay Defendants in individual actions identified in Exhibit A (Attachments: #1 Exhibit A (Case List))(Smith, Brendan)
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Filing 1527
MOTION by Defendants Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Eli Lilly and Company, Lilly USA, LLC to dismiss with Prejudice Pursuant to Case Management Order No. 9 (Attachments: #1 Declaration of David E. Stanley ISO Motion to Dismiss, #2 Exhibit 1 to Stanley Declaration)(Stanley, David)
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Filing 1526
NOTICE by David Stuart Ratner of Change of Address (Attachments: #1 Certificate of Service)(Ratner, David)
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Filing 1525
TRANSCRIPT OF PROCEEDINGS held on September 8, 2016 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/30/2016. Redacted Transcript Deadline set for 10/10/2016. Release of Transcript Restriction set for 12/8/2016. (Cox, Carolyn)
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Filing 1524
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 9/8/2016. Discussions held on all items listed on the joint agenda. (1) A joint status report focused on Auxilium bellwether selection and trial schedule is to be filed no later than 12:00 PM on 9/15/2016. This joint status report shall include either an agreement on a bellwether selection and trial schedule or, if the parties do not reach agreement, each side's proposal for schedule. The report shall also include a list of every Auxilium case in this MDL proceeding that has a Northern District of Illinois plaintiff. A status hearing and ruling on the Auxilium bellwether selection and trial schedule is set for 9/16/2016 at 9:30 a.m. Pennsylvania state-federal liaison counsel Mark Hoffman is directed to appear. (2) The parties are directed to meet and confer on a proposed deadline for completing fact discovery relating to the AbbVie bellwether trial cases. They are also directed to further meet and confer regarding the AbbVie-related discovery issues addressed at the case management conference and are to promptly propose any schedule modifications to the Court, keeping in mind the Court's admonition that the currently set dates from the due date for the final summary judgment / Daubert reply briefs, anticipated rulings on such motions, and bellwether trials will not be moved. (3) A proposed bellwether schedule relating to Endo Pharmaceuticals is to be provided no later than the 9/16/2016 hearing referenced above. (4) A draft protective order regarding defendants' motion for protective order #1401 to be submitted to Judge Kennelly's proposed order email address. (5) Counsel are directed to prepare and submit a proposed case management order outlining the process for motions to withdraw as counsel as discussed at the case management conference. The PSC is directed to make it clear to all plaintiffs' counsel that any motion to withdraw in an individual case must be filed under the number of the individual case. (6) Revised dismissal lists as of 9/16/2016 are to be filed and submitted (in Excel format) to Judge Kennelly's proposed order email address by no later than 9/23/2016. (7) Pending the Court's review of the joint application for reappointment to the Plaintiffs' Steering Committee #1489 , all current members are temporarily reappointed. (8) The next case management conference remains set for 10/20/2016 at 1:30 p.m. (pjg, )
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Filing 1523
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 9/8/2016. regarding Margaret Moses Branch's motions to dismiss 17 cases filed by the Branch Law Firm discussed in minute entry #1513 . Plaintiffs in the subject cases have until 10/3/2016 to file a separate status report. The subject stipulations to dismiss are entered and continued to the case management conference set for 10/20/2016 at 1:30 p.m. Mailed notice. (pjg, )
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Filing 1522
MINUTE entry before the Honorable Matthew F. Kennelly: If lead counsel are available, they are requested to come to Judge Kennelly's chambers (Room 2188) at 1:15 pm today for a brief meeting before the case management conference. The Court apologizes for the late notice. (mk)
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Filing 1521
ATTORNEY Appearance for Plaintiff Plaintiffs' Counsel by Frank Vincent Cesarone (Cesarone, Frank)
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Filing 1520
MINUTE entry before the Honorable Matthew F. Kennelly: The Court adds to the agenda for tomorrow's case management conference the questions of whether, why, and to what extend documents in the Medical Mutual v. AbbVie case (14-cv-8857) are appropriately filed under seal. Counsel are to be prepared to address these questions. (mk)
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Filing 1519
MINUTE entry before the Honorable Matthew F. Kennelly: : The applications of Karen Beyea-Schroeder, Frederick L. Berry, and Gonzalo Fernandez to appear pro hac vice [1297, 1307, 1383] are granted. (mk)
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Filing 1518
MINUTE entry before the Honorable Matthew F. Kennelly: The applications of Karen Beyea-Schroeder, Frederick L. Berry, and Gonzalo Fernandez to appear pro hac vice [1297, 1307, 1383] are granted. (mk)
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Filing 1517
STATUS Report (Joint) for the AbbVie Bellwether Trial Plaintiffs for the September 8, 2016 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A)(Smith, Brendan)
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Filing 1516
Joint Agenda for the September 8, 2016 Case Management Conference (Burrichter, Christopher)
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Filing 1515
STATUS Report FOR SEPTEMBER 8, 2016 CASE MANAGEMENT CONFERENCE by AbbVie Inc., Abbott Laboratories (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Burrichter, Christopher)
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Filing 1514
STIPULATION of Dismissal of Entire Action without Prejudice (Stanley, David)
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Filing 1513
MINUTE entry before the Honorable Matthew F. Kennelly: It appears to the Court from several motions filed by the AbbVie defendants to withdraw their previously-filed motions to dismiss in a number of cases filed by now-deceased attorney Turner Branch that substitute attorney Margaret Moses Branch has stipulated to the complete dismissal of some 17 cases filed by the Branch law firm that were the subject of motions to dismiss by the AbbVie defendants. As Ms. Branch is likely now aware, the Court had granted a blanket extension of the time for serving plaintiffs' fact sheets in cases filed by the Branch law firm in which motions to dismiss were pending, in consideration of the death of Mr. Branch. The Court believes that further explanation of the dismissals of these cases by plaintiffs' attorney is appropriate so that the Court can be satisfied that the rights of the clients in these cases have been appropriately protected and to ensure the fair administration of justice. A telephone hearing for this purpose is set for September 8, 2016 at 9:15 AM Chicago time. Counsel for AbbVie and at least one of plaintiffs' lead counsel are directed to appear in person, in chambers (Room 2188). Attorney Margaret Moses Branch is directed to participate by telephone by calling chambers (312-435-5618) at that date and time. The hearing will be conducted on the record. (mk)
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Filing 1512
NOTICE by David Stuart Ratner of Change of Address and Phone Number (Attachments: #1 Certificate of Service)(Ratner, David)
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Filing 1511
NOTICE of Correction regarding docket entry created on 08/31/2016. (eg,)
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Filing 1510
SEALED DOCUMENT (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22)(Miracle, Trent)
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Filing 1509
MINUTE entry before the Honorable Matthew F. Kennelly: In each the following member cases in which the plaintiff was represented by Turner Branch, a motion to dismiss pursuant to Case Management Order No. 9 has been on file for some time and has not been responded to by the plaintiff. Now that Mr. Branch, who is deceased, has been substituted for as counsel in each of these cases by Margaret Moses Branch, the plaintiff in each of these cases is directed to file a response to the motion to dismiss, or a full and complete plaintiff's fact sheet in compliance with Case Management Order No. 9, by no later than 9/29/2016. This applies to the following cases (NOTE - for administrative reasons, this order will be entered in the main MDL case only and not in each of the underlying cases due to the number of cases involved): 16cv229, 16cv280, 16cv370, 16cv374, 16cv389, 16cv518, 16cv527, 16cv586, 16cv599, 16cv637, 16cv676, 16cv769, 16cv705, 16cv727, 16cv779, 16cv782, 16cv787, 16cv810, 16cv864, 16cv865, 16cv948, 16cv1003, and 16cv1710. Plaintiffs' lead counsel are directed to promptly advise attorney Branch in writing of the entry of this order. (mk)
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ENTERED IN ERROR. (eg,)
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Filing 1508
STIPULATION of Dismissal of Entire Action with Prejudice (Stanley, David)
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Filing 1507
STIPULATION of Dismissal With Prejudice (Stanley, David)
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Filing 1505
STIPULATION of Dismissal With Prejudice (Stanley, David)
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Filing 1504
STIPULATION of Dismissal With Prejudice (Stanley, David)
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Filing 1503
REQUEST for Clerk of Court to refund filing fee in the amount of 400, receipt no. 0752-12309319, regarding complaint 1500 (Murphy, Max)
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Filing 1502
MINUTE entry before the Honorable Matthew F. Kennelly: Complaint 1500 and civil cover sheeet 1501 , having been improperly filed under the master file Case Number (14 C 1748), is hereby stricken. The improperly filed complaint has since been filed properly as a separate, new case, indicating the relationship to this MDL proceeding on the civil cover sheet under Case No. 16 C 8480. The Clerk is directed to remove the images of 1500 and 1501 from this docket. Mailed notice. (pjg, )
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MEMBER CASE OPENED from Northern District of Illinois; ( Larry Mcanally v. AbbVie Inc., et al / Direct file in ILND). In Re: In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545). (eg,)
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MEMBER CASE OPENED from Northern District of Illinois; ( 1:14-cv-01748 In Re: Testosterone Replacement Therapy Products Liability Litigation / Direct file in ILND). In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545 ) (jjr, )
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Filing 1501
DOCUMENT REMOVED PER COURT ORDER OF 8/31/2016. (pjg, ).
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Filing 1500
DOCUMENT REMOVED PER COURT ORDER OF 8/31/2016. (pjg, ).
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Filing 1499
STIPULATION of Dismissal of Entire Action without Prejudice (Stanley, David)
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Filing 1497
STIPULATION of Dismissal Richard H. Martin and Patricia Martin v. Pfizer, Inc., et al. (Abrams, Rachel)
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Filing 1496
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held with plaintiffs' lead counsel and counsel for AbbVie defendants. In addition to the regular joint status report for the upcoming 9/8/2016 case management conference, the Court directs plaintiffs and the AbbVie defendants to file a separate joint status report regarding the status of fact (including medical) discovery in the bellwether trial cases. This should include, for each case, the depositions that have been scheduled and the dates for those depositions; the depositions that remain to be scheduled and the status of discussions regarding setting dates for those depositions; and any particular issues or problems that have arisen on either side (described with as much particularity as possible). The Court reserves the right to schedule, shortly after the 9/8/2016 case management conference, a bellwether-specific case management / discovery conference that would require the in-person attendance of trial counsel for the bellwether cases. In addition, plaintiffs and the AbbVie defendants are directed to continue to meet and confer regarding the issues concerning sales representative document production identified in AbbVie's 8/29/2016 filing and should include in the regular joint status report for the 9/8/2016 case management conference a discussion of what agreements have been reached, and, to the extent issues remain unresolved, each side's position on each of those issues so that the Court can hear argument and rule on those issues at the case management conference. (mk)
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Filing 1506
MAIL RETURNED, for document #1466 and #1469 sent to Ryan M Thompson returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form. (eg,)
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Filing 1495
STATUS Report of Defendant AbbVie Regarding the Completion of Bellwether Discovery Pursuant to Third Amended CMO 14 by AbbVie Inc., Abbott Laboratories (Boisvert, Christopher)
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Filing 1494
MEMORANDUM [Redacted Version - Actavis' Memorandum in Support of Its Motion for Reconsideration or, In the Alternative, to Certify Order for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b)] (Goroff, David)
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Filing 1493
SEALED MOTION (Goroff, David)
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Filing 1492
NOTICE of Motion by David Barry Goroff for presentment of motion for leave to file excess pages #1491 before Honorable Matthew F. Kennelly on 9/8/2016 at 01:30 PM. (Goroff, David)
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Filing 1491
MOTION for leave to file excess pages (Goroff, David)
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Filing 1490
NOTICE of Motion by David Barry Goroff for presentment of motion for reconsideration #1488 before Honorable Matthew F. Kennelly on 9/8/2016 at 01:30 PM. (Goroff, David)
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Filing 1489
Joint Application for Re-Appointement to the Plaintiffs' Steering Committee (Attachments: #1 Exhibit A (Declarations))(Smith, Brendan)
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Filing 1488
MOTION for reconsideration [ACTAVIS' MOTION FOR RECONSIDERATION OR, IN THE ALTERNATIVE, TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL PURSUANT TO 28 U.S.C. 1292(b)] (Goroff, David)
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Filing 1487
ATTORNEY Appearance for Defendants Actavis PLC, Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Watson Laboratories, Inc., Watson Pharmaceuticals, Inc. by David Barry Goroff (Goroff, David)
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Filing 1486
MINUTE entry before the Honorable Matthew F. Kennelly: The motion to substitute counsel for attorney Turner W. Branch #1475 is granted. (mk)
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Filing 1485
MINUTE entry before the Honorable Matthew F. Kennelly: At the defendants' request, telephone conference set for 8/30/2016 at 10:15 a.m. Members of Plaintiff's Executive Committee and the lead attorney for defendants are to jointly contact chambers directly once all parties are on the line. Mailed notice. (pjg, )
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Filing 1484
STIPULATION of Dismissal with Prejudice as Against Eli Lilly and Company Defendants (Stanley, David)
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Filing 1498
ORDER:Motion to substitute counsel [ #1475 ] (filed in lead case 14 C 1748) is granted and the motion hearing date of 8/30/2016 is vacated. Attorney Turner W. Branch is substituted by Attorney Margaret Moses Branch on all cases on Exhibit A attached hereto. The Clerk is directed to enter this order in case no. 14 C 1748 and all cases included in Exhibit A. The Clerk is further directed to terminate Attorney Turner W. Branch and add Attorney Margaret Moses Branch as counsel for plaintiffs in case no. 14 C 1748 and all cases included in Exhibit A. Signed by the Honorable Matthew F. Kennelly on 8/26/2016. Mailed notice. (sxn, )
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Filing 1483
NOTICE of Voluntary Dismissal by Plaintiffs' Steering Committee against Solvay Defendants in individual actions identified in Exhibit A (Attachments: #1 Exhibit A (Case List))(Smith, Brendan)
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Filing 1482
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1477 , #1475 sent to Attorney Richard D Meadow returned as: Unknown Address Error. Mailed to attorney Richard D Meadow a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1481
NOTICE OF EMAIL NOTIFICATION FAILURE, for document # [1475 ] #1477 sent to Attorney W. Mark Lanier returned as: Unknown Address Error. Mailed to attorney W. Mark Lanier a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1480
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1477 , #1475 sent to Attorney Lee Adam Cirsch returned as: Unknown Address Error. Mailed to attorney Lee Adam Cirsch a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1479
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1477 , #1475 sent to Attorney Catherine Heacox returned as: Unknown Address Error. Mailed to attorney Catherine Heacox a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1478
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1477 , #1475 sent to Attorney Michael A Akselrud returned as: Unknown Address Error. Mailed to attorney Michael A Akselrud a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1477
NOTICE of Motion by Margaret Moses Branch for presentment of motion to substitute attorney #1475 before Honorable Matthew F. Kennelly on 8/30/2016 at 09:30 AM. (Attachments: #1 Exhibit Exhibit A)(Branch, Margaret)
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Filing 1475
MOTION to substitute attorney (Attachments: #1 Exhibit Exhibit A)(Branch, Margaret)
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Filing 1476
MAIL RETURNED, for document #1463 sent to Ryan M. Thompson returned as undeliverable, return to sender. Attorney contacted and directed to file a Notification of Change of Address with the Clerk's Office. Re-mailed #1463 to Atty Gonzalo Fernandez 133 South 11th Street Suite 350, St. Louis, MO 63102. (jjr, )
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Filing 1474
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. The Clerk mailed to counsel letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to John P. Fiske with document #1469 , #1471 , #1470 . (mr, )
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Filing 1473
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. The Clerk mailed to counsel letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Natalie Elizabeth Doria with document #1469 , #1471 , #1470 . (mr, )
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Filing 1472
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1469 , #1471 , #1470 sent to Attorney Camille L Edwards returned as: Other Mail System Problem. Mailed to attorney Camille L Edwards a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1471
MOTION by Attorney Michael S. Kruse to withdraw as attorney. New address information: Don Rowlett 211 Shawnee Trail, Weatherford, TX 76087 (Attachments: #1 Exhibit Notification of Party Contact Information)(Kruse, Michael)
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Filing 1470
MINUTE entry before the Honorable Matthew F. Kennelly: THIS DOCUMENT PERTAINS TO CASE NOS. 14-cv-8020 AND 16-cv-313. The plaintiff in these cases, Orie Thompson, has moved to consolidate them. Mr. Thompson filed the first of the two suits in the District of Colorado in 2014, and it was transferred here as part of the coordinated MDL proceeding. His then attorney was later granted leave to withdraw, and at that point Mr. Thompson was proceeding pro se. He filed the second suit, with a new attorney, in January 2016 and has now asked to consolidate them. It would seem to the Court that the more appropriate course would be for Mr. Thompson to file an amended complaint in the earlier case and then voluntarily dismiss the newer one. Moving counsel is directed to file, by no later than 8/29/2016, a brief statement (to be filed under Case No. 16-cv-313 and 14-cv-8020) explaining why the course he is proposing is the appropriate and best way to proceed. (mk)
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Filing 1469
MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the amended notice of voluntary dismissal without prejudice against Solvay defendants, the Clerk is directed to terminate defendants Solvay, S.A.; Solvay S.A. Inc.; Solvay America, Inc.; Solvay Pharmaceuticals, SARL (now known as Solvay Luxembourg, SARL); and/or Solvay North America, LLC, for member cases listed in Exhibit A of the amended notice of voluntary dismissal #1468 Mailed notice. (pjg, )
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Filing 1468
NOTICE of Voluntary Dismissal by Plaintiffs' Steering Committee against Solvay Defendants in individual actions identified in Amended Exhibit A (amended only to remove Grace Lykes, 16-cv-1578) (Attachments: #1 Exhibit A (Case List))(Smith, Brendan)
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Filing 1467
THIS DOCUMENT PERTAINS TO: Med. Mutual of Ohio v. AbbVie Inc., Case No. 14-cv-8857. MEDICAL MUTUAL CASE MANAGEMENT ORDER NO. 1 (Case Management Plan) signed by the Honorable Matthew F. Kennelly on 8/22/2016: The Court adopts, with some minor modifications, the parties' proposed case management order. The full text of the order should be consulted for details. To identify some of the dates and deadlines adopted: Plaintiff's motion for class certification is to be filed by 3/24/2017; defendants' response is to be filed by 6/5/2017; and plaintiff's reply is to be filed by 7/21/2017. The deadline for amending the pleadings and adding parties is 9/30/2017. Merits fact discovery is to be completed by 11/14/2017. Merits Rule 26(a)(2) disclosures are due by 12/12/2017 for plaintiff and 2/26/2018 for defendants. The deadline for filing dispositive motions is 5/12/2018. The case is set for trial on 11/5/2018 at 9:45 AM. (mk)
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Filing 1466
MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the notice of voluntary dismissal without prejudice against Solvay defendants, the Clerk is directed to terminate defendants Solvay, S.A.; Solvay S.A., Inc.; Solvay America, Inc.; Solvay Pharmaceuticals, SARL (now known as Solvay Luxembourg, SARL); and or Solvay North America, LLC. for the member cases listed on Exhibit A of the notice of voluntary dismissal #1465 . Mailed notice. (pjg, )
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Filing 1465
NOTICE of Voluntary Dismissal by Plaintiffs' Steering Committee against Solvay Defendants in individual actions identified in Exhibit A (Attachments: #1 Exhibit A (Case List))(Smith, Brendan)
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Filing 1463
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant's unopposed motion for extension of time is granted #1446 , and the hearing date of 8/24/2016 is vacated. The deadline for defendants to produce Robert Kesler for deposition is extended to 9/9/2016. The Court advises, however, that it will not extend this deadline again, irrespective of whether the parties agreed to an extension. (pjg, )
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Filing 1449
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. The Clerk mailed to counsel letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Charles Horne Cooper, Jr with document #1446 , #1447 . (mr, )
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Filing 1464
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1446 , #1447 sent to Attorney Leonard V. Fodera returned as: Unknown address error. Mailed to attorney Leonard V. Fodera a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (sxn, )
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Filing 1462
MAIL RETURNED, for document #1439 sent to Ryan M. Thompson returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form (nsf, )
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Filing 1461
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. The Clerk mailed to counsel letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Conlee Schell Whiteley with document #1446 , #1447 . (mr, )
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Filing 1460
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. The Clerk mailed to counsel letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Rachel A. Sternlieb with document #1446 , #1447 . (mr, )
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Filing 1459
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. The Clerk mailed to counsel letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Robert A. Schwartz with document #1446 , #1447 . (mr, )
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Filing 1458
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. The Clerk mailed to counsel letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Rebecca A.G. Robertson with document #1446 , #1447 . (mr, )
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Filing 1457
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. The Clerk mailed to counsel letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Walter C Morrison, IV with document #1446 , #1447 . (mr, )
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Filing 1456
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. The Clerk mailed to counsel letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Gerald Edward Meunier with document #1446 , #1447 . (mr, )
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Filing 1455
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. The Clerk mailed to counsel letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Greg McEwen with document #1446 , #1447 . (mr, )
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Filing 1454
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. The Clerk mailed to counsel letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Matthew Ryan Mccarley with document #1446 , #1447 . (mr, )
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Filing 1453
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. The Clerk mailed to counsel letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Nicholas Koluncich with document #1446 , #1447 . (mr, )
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Filing 1452
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. The Clerk mailed to counsel letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Rex H Elliott with document #1446 , #1447 . (mr, )
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Filing 1451
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. The Clerk mailed to counsel letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Christin A Dimartino with document #1446 , #1447 . (mr, )
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Filing 1450
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. The Clerk mailed to counsel letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Martin Daniel Crump with document #1446 , #1447 . (mr, )
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Filing 1448
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. The Clerk mailed to counsel with letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Camala E Capodice with document #1446 , #1447 . (mr, )
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Filing 1447
NOTICE of Motion by Michelle H. Yeary for presentment of extension of time #1446 before Honorable Matthew F. Kennelly on 8/24/2016 at 09:30 AM. (Yeary, Michelle)
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Filing 1446
MOTION for extension of time UNOPPOSED (Yeary, Michelle)
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Filing 1445
MOTION to consolidate cases (Becker, Timothy)
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Filing 1444
STIPULATION of Dismissal (Becker, Timothy)
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Filing 1443
MOTION to withdraw motion to dismiss, #1430 of Eli Lilly and Company and Lilly USA, LLC (Stanley, David)
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Filing 1442
TRANSCRIPT OF PROCEEDINGS held on August 11, 2016 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/5/2016. Redacted Transcript Deadline set for 9/15/2016. Release of Transcript Restriction set for 11/14/2016. (Cox, Carolyn)
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Filing 1441
CASE MANAGEMENT ORDER NO. 19-D(Case Management Plan as to the Actavis defendants), signed by the Honorable Matthew F. Kennelly on 8/14/2016. (mk)
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Filing 1440
CASE MANAGEMENT ORDER NO. 19-C (Case Management Plan as to the Lilly Defendants), signed by the Honorable Matthew F. Kennelly on 8/14/2016. (mk)
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Filing 1439
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 8/11/2016. Discussions held on all items listed on the joint agenda. Plaintiffs are to file a supplemental brief on personal jurisdiction relating to Besins S.A. by 9/1/2016; defendant is to file a supplemental brief by 9/22/2016. Plaintiffs' steering committee is to provide a chart outlining the pretrial / bellwether schedule for each of the non-AbbVie defendants as discussed in open court, taking into account the impending entry of proposed Case Management Orders 19-C and 19-D. Defendants' motion for protective order #1401 is granted in part as stated in open court. Draft order is to be submitted to Judge Kennelly's proposed order email address. The next case management conference remains set for 9/8/2016 at 1:30 p.m. Future case management conferences are scheduled for 10/20/2016 at 1:30 p.m. and 11/17/2016 at 1:30 p.m. Mailed notice. (pjg, )
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Filing 1438
STATUS Report (Joint) (Corrected) for the August 11, 2016 Case Management Conference (Only Amendments are to 3 Cases in Exhibit B in Italics) by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B (Corrected) (Updated Cases in Italics))(Smith, Brendan)
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Filing 1437
STIPULATION of Dismissal (Abrams, Rachel)
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Filing 1436
Joint Agenda for the August 11, 2016 Case Management Conference (Smith, Brendan)
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Filing 1435
STATUS Report (Joint) for the August 11, 2016 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 1434
REPLY to memorandum in opposition to motion #1431 , motion for protective order #1401 (Solow, Andrew)
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Filing 1433
STIPULATION of Dismissal Shifflett v. Pfizer, Inc., et al (Abrams, Rachel)
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Filing 1432
STIPULATION of Dismissal Terry Miller v. AbbVie Inc., et al. (Abrams, Rachel)
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Filing 1431
MEMORANDUM of Law in Opposition to Defendants' Motion for a Protective Order Regarding Subpoenas Served on Third-Party Witnesses (Attachments: #1 Exhibit A)(Smith, Brendan)
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Filing 1430
MOTION by Defendants Eli Lilly and Company, Lilly USA, LLC to dismiss with Prejudice Pursuant to Case Management Order No. 9 (Attachments: #1 Declaration of David E. Stanley ISO Motion to Dismiss, #2 Exhibit 1 to Stanley Declaration)(Stanley, David)
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Filing 1429
TRANSCRIPT OF PROCEEDINGS held on August 3, 2016 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/25/2016. Redacted Transcript Deadline set for 9/5/2016. Release of Transcript Restriction set for 11/2/2016. (Cox, Carolyn)
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Filing 1428
CASE MANAGEMENT ORDER NO. 30 (Selection of AbbVie bellwether trial cases) signed by the Honorable Matthew F. Kennelly on 8/4/2016. (mk)
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Filing 1427
MINUTE entry before the Honorable Matthew F. Kennelly: In court hearing held on AbbVie bellwether trial selection. The matter is taken under advisement. Mailed notice (lcw, )
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Filing 1426
MINUTE entry before the Honorable Matthew F. Kennelly: The application of Michael Daly to appear pro hac vice #1422 is granted. (mk)
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Filing 1425
STIPULATION of Dismissal with Prejudice (Stanley, David)
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Filing 1424
MOTION by Defendants Eli Lilly and Company, Lilly USA, LLC to dismiss with Prejudice Pursuant to Case Management Order No. 9 (Attachments: #1 Declaration of David E. Stanley ISO Motion to Dismiss, #2 Exhibit 1 to Stanley Declaration)(Stanley, David)
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Filing 1423
STIPULATION of Dismissal Voluntary of Entire Action without Prejudice (Stanley, David)
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Filing 1422
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12207688. (Daly, Michael)
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Filing 1421
MINUTE entry before the Honorable Matthew F. Kennelly: As previously ordered, argument on the matter of AbbVie bellwether trial selection is set for 8/3/2016 at 11:00 a.m. (mk)
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Filing 1420
MINUTE entry before the Honorable Matthew F. Kennelly: As previously ordered, a scheduling conference is set for 9/8/2016 at 1:30 PM. (mk)
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ENTERED IN ERROR (pk,) Modified on 8/3/2016 (pk, ).
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Filing 1419
BESINS Master Answer to the Fourth Amended Master Long-Form Complaint (Davis, Katherine)
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Filing 1418
ABBVIE et al. Master Answer to the Fourth Amended Master Long-Form Complaint (Davis, Katherine)
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Filing 1417
STIPULATION of Dismissal AS TO DEFENDANT ENDO PHARMACEUTICALS, INC. ONLY (Abrams, Rachel)
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Filing 1416
STIPULATION of Dismissal Richard Wilson v. Pfizer, Inc., et al (Abrams, Rachel)
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Filing 1415
MOTION by Defendants Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Eli Lilly and Company, Lilly USA, LLC to dismiss with Prejudice Pursuant to Case Management Order No. 9 (Attachments: #1 Declaration of David E. Stanley ISO Motion to Dismiss, #2 Exhibit 1 to Stanley Declaration)(Stanley, David)
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Filing 1414
STIPULATION of Dismissal with Prejudice as Against Eli Lilly and Company Defendants Only (Stanley, David)
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Filing 1413
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1407 , #1405 , #1406 sent to Attorney Todd John Haugh returned as: Unknown Address Error. Mailed to attorney Todd John Haugh a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1412
MINUTE entry before the Honorable Matthew F. Kennelly: In Court hearing regarding AbbVie bellwether trial selection is set for 8/3/2016 at 11:00 AM. (mk)
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Filing 1411
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' submissions regarding the selection of AbbVie bellwether trials and has questions concerning a number of the cases proposed by each side for inclusion; possibly concerning some of the cases not proposed by either side; and concerning the number of cases to select. The Court wishes to hear further argument regarding these points but is also committed to adhering to its 8/5/2016 deadline for choosing the bellwether trial cases. For this reason, the Court sets the matter of AbbVie bellwether trial selection for further argument on 8/3/2016 at 11:00 a.m. This date and time are not subject to change. The Court will endeavor to set up a conference call to permit non-participants to hear the proceedings, but any argument will have to be presented in person. (mk)
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Filing 1410
STIPULATION of Dismissal Voluntary of Entire Action with Prejudice (Stanley, David)
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Filing 1407
PSC's Proposal for Initial AbbVie-Only Bellwether Trial Cases (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 1406
Bellwether Selection Submission AbbVie Inc. and Abbott Laboratories Proposal for Selection of Bellwether Cases for Trial (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Yeary, Michelle)
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Filing 1405
NOTICE of Voluntary Dismissal by Gregory Gettmann (Abrams, Rachel)
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Filing 1404
MINUTE entry before the Honorable Matthew F. Kennelly: Response to defendants' motion for protective order is to be filed by 8/5/2016. Reply to response is to be filed by 8/9/2016. (mk)
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Filing 1409
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1400 , #1402 , #1399 , #1403 , #1401 sent to Attorney David B. Krangle returned as: Other Mail System Problem. Mailed to attorney David B. Krangle a with Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1408
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1407 , #1400 , #1402 , #1399 , #1403 , #1405 , #1404 , #1401 sent to Attorney Andres F. Alonso returned as: Other Mail System Problem. Mailed to attorney Andres F. Alonso a with Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1403
NOTICE of Motion by Andrew Keith Solow for presentment of motion for protective order #1401 before Honorable Matthew F. Kennelly on 8/11/2016 at 01:30 PM. (Solow, Andrew)
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Filing 1402
MEMORANDUM / DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR A PROTECTIVE ORDER REGARDING SUBPOENAS SERVED ON THIRD-PARTY WITNESSES (Solow, Andrew)
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Filing 1401
MOTION for protective order / DEFENDANTS' MOTION FOR A PROTECTIVE ORDER REGARDING SUBPOENAS SERVED ON THIRD-PARTY WITNESSES (Solow, Andrew)
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Filing 1400
STATUS Report Joint by AbbVie Inc., Abbott Laboratories (Yeary, Michelle)
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Filing 1399
NOTICE of Voluntary Dismissal by John Borreca (Leckman, T.)
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Filing 1398
MINUTE entry before the Honorable Matthew F. Kennelly: At its own instance, the Court directs each side to include in its bellwether selection submissions that are due on 7/25/2016, as to each case that the particular side is not proposing for a bellwether trial, a short explanation for why that case is not representative or otherwise should not be selected. (mk)
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Filing 1397
STIPULATION of Dismissal Voluntary of Entire Action with Prejudice (Stanley, David)
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Filing 1396
STIPULATION of Dismissal Voluntary of Entire Action without Prejudice (Stanley, David)
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Filing 1395
MINUTE entry before the Honorable Matthew F. Kennelly: The motion for extension of time to file the parties' briefs regarding selection of bellwether trial cases file #1393 is granted. The due date is extended to 7/25/2016, but the briefs must be filed by no later than 4:00 pm on that date. This deadline will not be extended again for any reason whatsoever. (mk)
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Filing 1394
NOTICE of Motion by Michelle H. Yeary for presentment of motion for extension of time to file #1393 before Honorable Matthew F. Kennelly on 7/19/2016 at 09:30 AM. (Yeary, Michelle)
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Filing 1393
MOTION for extension of time to file Unopposed (Yeary, Michelle)
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Filing 1391
MOTION by Defendants Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Eli Lilly and Company, Lilly USA, LLC to dismiss with Prejudice Pursuant to Case Management Order No. 9 (Attachments: #1 Declaration of David E. Stanley ISO Motion to Dismiss, #2 Exhibit 1 to Stanley Declaration)(Stanley, David)
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Filing 1390
AFFIDAVIT in Support of MOTION by Defendants Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Eli Lilly and Company, Lilly USA, LLC to dismiss with Prejudice Pursuant to Case Management Order No. 9 #1339 (Stanley, David)
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Filing 1389
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1388
NOTICE of Correction regarding Entry Date for 7/11/2016. (jh, )
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Filing 1387
ATTORNEY Appearance for Defendants AbbVie Inc., AbbVie Products LLC, Abbott Laboratories, Inc., Unimed Pharmaceuticals, LLC by Katherine Unger Davis (Davis, Katherine)
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Filing 1392
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1386 , #1385 sent to Attorney Scott D. Levensten returned as: Other Mail System Problem. Mailed to attorney Scott D. Levensten a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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ENTERED IN ERROR. (jh, ) Modified on 7/12/2016 (jh, ).
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Filing 1386
STIPULATION of Dismissal of Entire Action with Prejudice (Stanley, David)
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Filing 1385
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1384
STIPULATION of Dismissal of Entire Action with Prejudice (Stanley, David)
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Filing 1383
MOTION for Leave to Appear Pro Hac Vice (Fernandez, Gonzalo)
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Filing 1382
MOTION by Defendants Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Eli Lilly and Company, Lilly USA, LLC to dismiss with Prejudice Pursuant to Case Management Order No. 9 (Attachments: #1 Declaration of David E. Stanley ISO Motion to Dismiss, #2 Exhibit Exhibit 1 to Stanley Declaration)(Stanley, David)
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Filing 1381
STIPULATION of Dismissal Voluntary Pursuant to F.R.C.P. 41(a)(1)(A)(ii) (Stanley, David)
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Filing 1380
CONDITIONAL TRANSFER ORDER (CTO-93) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545.
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Filing 1379
STIPULATION of Dismissal without Prejudice as Against Eli Lilly and Company Defendants (Stanley, David)
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Filing 1378
REPLY to motion to dismiss, #1290 Third Amended Complaint (Stanley, David)
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Filing 1377
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1374
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1371 , #1370 , #1372 sent to Attorney David L. Grebel returned as: Unknown Address Error. Mailed to attorney David L. Grebel a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1376
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1371 , #1370 , #1372 sent to Attorney Mark L Rowe returned as: Unknown Address Error. Mailed to attorney Mark L Rowe a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1375
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1371 , #1370 , #1372 sent to Attorney Kevin B McKie returned as: Unknown Address Error. Mailed to attorney Kevin B McKie a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1373
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1371 , #1370 , #1372 sent to Attorney Gary A Anderson returned as: Unknown Address Error. Mailed to attorney Gary A Anderson a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1372
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1371
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1370
STIPULATION of Dismissal Voluntary Pursuant to F.R.C.P. 41(a)(1)(A)(ii) (Stanley, David)
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Filing 1369
MOTION to withdraw motion to dismiss, #1340 of defendants Eli LIlly and Company, Lilly USA LLC, Acrux Commercial Pty Ltd., and Acrux DDS Pty Ltd. (Stanley, David)
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Filing 1368
STIPULATION of Dismissal without Prejudice as Against Eli Lilly and Company Defendants (Stanley, David)
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Filing 1367
STIPULATION of Dismissal without Prejudice as Against Eli Lilly and Company Defendants (Stanley, David)
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Filing 1366
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1365
STIPULATION of Dismissal with Prejudice (Stanley, David)
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Filing 1364
MOTION by Defendants Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Eli Lilly and Company, Lilly USA, LLC to dismiss with Prejudice Pursuant to Case Management Order No. 9 (Attachments: #1 Declaration of David E. Stanley ISO Defendants' Motion to Dismiss, #2 Exhibit 1 to Stanley Declaration)(Stanley, David)
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Filing 1363
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs have moved the Court to compel AbbVie Inc. and Abbott Laboratories to produce the full drug safety and investigation files for 269 "adverse events" that were reported to the Food and Drug Administration. The Court grants the motion [dkt. no. 1322]. These back-up materials for defendants' reports to the FDA are relevant regarding, if nothing else, what defendants knew about adverse effects potentially associated with their products and when they knew it. There is, to be sure, burden associated with production of these materials, including the need to redact patient-identifying and some other information, but defendants have not shown that the burden is undue given the relevance of the information and the overall scope of this litigation. Whether this relevant material actually will turn out to be admissible in evidence at trial or otherwise is a separate matter that the Court need not and does not now address. The parties are directed to confer and attempt to reach agreement for the reasonably prompt production of these materials. (mk)
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Filing 1362
STIPULATION of Dismissal with Prejudice as against Defendants Eli Lilly and Company, Lilly USA, LLC, Acrux Commercial Pty Ltd, and Acrux DDS Pty Ltd (Stanley, David)
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Filing 1361
MOTION by Defendants Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Eli Lilly and Company, Lilly USA, LLC to dismiss with Prejudice Pursuant to Case Management Order No. 9 (Attachments: #1 Declaration of David E. Stanley ISO Motion to Dismiss, #2 Exhibit 1 to Stanley Declaration)(Stanley, David)
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Filing 1360
MOTION by Defendants Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Eli Lilly and Company, Lilly USA, LLC to dismiss with Prejudice Pursuant to Case Management Order No. 9 (Attachments: #1 Declaration of David E. Stanley ISO Motion to Dismiss, #2 Exhibit 1 to Stanley Declaration)(Stanley, David)
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Filing 1359
MOTION to withdraw motion to dismiss, #1325 by Defendants Eli Lilly and Company and Lilly USA, LLC (Stanley, David)
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Filing 1358
STIPULATION of Dismissal with Prejudice against Defendants Eli Lilly and Company and Lilly USA, LLC (Stanley, David)
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Filing 1357
SEALED DOCUMENT Declaration of David Buchanan in Support of the PSC's Motion to Compel Production of Documents Relating to AbbVie's Drug Safety Files (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)(Miracle, Trent)
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Filing 1356
SEALED DOCUMENT Reply Memorandum of Law in Further Support of the PSC's Motion to Compel Production of Documents Relating to AbbVie's Drug Safety Files (Miracle, Trent)
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Filing 1355
AMENDED Stipulation of Dismissal without Prejudice (Stanley, David)
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Filing 1354
MINUTE entry before the Honorable Matthew F. Kennelly: Conference call held with lead counsel for all parties. The case management conference set for 7/14/2016 is vacated. The Court sets the next two case management conferences for 8/11/2016 at 1:30 pm and 9/8/2016 at 1:30 pm. Mailed notice. (pjg, )
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Filing 1353
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to substitute attorney #1329 is granted. Separate order to follow. (pjg, )
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Filing 1352
MINUTE entry before the Honorable Matthew F. Kennelly: Counsel having reported that there are no longer any disputed issues to bring before the Court, the 6/16/2016 case management conference is vacated. The time for the 6/16/2016 telephone conference set for all lead counsel is moved to 1:30 p.m. Mailed notice. (pjg, )
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Filing 1351
MINUTE entry before the Honorable Matthew F. Kennelly: Certain defendants' motion to withdraw the appearance of Scott Caplan as attorney #1331 is granted. (mk)
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Filing 1350
MINUTE entry before the Honorable Matthew F. Kennelly: Counsel for all defendants other than Lilly defendants, are excused from the case management conference set for 6/16/2016. Telephone conference set for all lead counsel on 6/16/2016 at 1:20 p.m. Counsel who are present for case management conference may appear in chambers for the telephone conference call. Counsel for plaintiff is to set up a call-in number and distribute to all lead counsel and the Court. (pjg, )
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Filing 1349
Joint Agenda for the June 16, 2016 Case Management Conference (Smith, Brendan)
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Filing 1348
STATUS Report (Joint) for the June 16, 2016 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 1346
CONDITIONAL TRANSFER ORDER (CTO-92) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545 (mr, )
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Filing 1345
Fourth Amended Master Long Form Complaint (Attachments: #1 Exhibit Fourth Amended Master Short Form Complaint)(Smith, Brendan)
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Filing 1344
NOTICE of Correction regarding #1343 . (rm, )
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Filing 1343
ENTERED IN ERROR. (rm, ) (Main Document 1343 replaced on 6/13/2016) (rm, ). (Docket Text Modified by the Clerk's Office on 6/13/2016) (rm, ).
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Filing 1342
SEALED DOCUMENT (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Yeary, Michelle)
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Filing 1341
MOTION by Defendants Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Eli Lilly and Company, Lilly USA, LLC to dismiss with Prejudice Pursuant to Case Management Order No. 9 (Attachments: #1 Declaration of David E. Stanley ISO Motion to Dismiss, #2 Exhibit 1 to Stanley Declaration)(Stanley, David)
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Filing 1340
MOTION by Defendants Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Eli Lilly and Company, Lilly USA, LLC to dismiss with Prejudice Pursuant to Case Management Order No. 9 (Attachments: #1 Declaration of David E. Stanley ISO Motion to Dismiss, #2 Exhibit 1 to Stanley Declaration)(Stanley, David)
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Filing 1339
MOTION by Defendants Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Eli Lilly and Company, Lilly USA, LLC to dismiss with Prejudice Pursuant to Case Management Order No. 9 (Attachments: #1 Declaration of David E. Stanley ISO Motion to Dismiss, #2 Exhibit 1 to Stanley Declaration)(Stanley, David)
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Filing 1338
STIPULATION of Dismissal with Prejudice (Stanley, David)
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Filing 1337
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1336
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. Document mailed to counsel with letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Nicholas Koluncich with document #1335 . (ek, )
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Filing 1335
MOTION by Attorney David Bernick to withdraw as attorney. No party information provided (Bernick, David)
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Filing 1334
STIPULATION of Dismissal with Prejudice as to Defendants Eli Lilly and Company, Lilly USA, LLC, Acrux Commercial Pty Ltd., and Acrux DDS Pty Ltd., Only (Stanley, David)
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Filing 1333
NOTICE by David M Bernick of Change of Address (Bernick, David)
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Filing 1332
NOTICE of Motion by William F Cavanaugh, Jr for presentment of motion to withdraw as attorney #1331 before Honorable Matthew F. Kennelly on 6/16/2016 at 01:30 PM. (Cavanaugh, William)
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Filing 1331
MOTION by Attorney Scott Caplan to withdraw as attorney. No party information provided (Cavanaugh, William)
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Filing 1330
NOTICE of Motion by Seth Alan Katz for presentment of motion to substitute attorney #1329 before Honorable Matthew F. Kennelly on 6/16/2016 at 01:30 PM. (Katz, Seth)
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Filing 1329
MOTION to substitute attorney (Attachments: #1 Exhibit)(Katz, Seth)
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Filing 1328
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, due to its anticipated unavailability for a significant period starting on 6/24/2016 and the resulting need to rule before that date on plaintiffs' motion to compel production of documents relating to AbbVie's drug safety files, the Court makes the following slight alteration to the parties' agreed briefing schedule: AbbVie's response to the motion is to be filed no later than Friday, June 10, 2016 (two weeks after the motion was filed), and plaintiffs' reply is to be filed no later than Thursday, June 16, 2016. (mk)
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Filing 1327
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw as attorney #1314 is granted. Attorneys Karen Beyea-Schroeder and Bill Robins, III are terminated. Plaintiff will proceed pro se. The Clerk is directed to add plaintiff's contact information to the docket. All deadlines and requests established in MDL 2545 apply to plaintiff acting pro se. Mailed notice. (pjg, )
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Filing 1326
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, due to its anticipated unavailability for a significant period starting on 6/24/2016 and the resulting need to rule before that date on plaintiffs' motion to compel production of documents relating to AbbVie's drug safety files, the Court makes the following slight alteration to the parties' agreed briefing schedule: AbbVie's response to the motion is to be filed no later than Friday, June 10, 2016 (two weeks after the motion was filed), and plaintiffs' reply is to be filed no later than Thursday, June 16, 2016. (mk)
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Filing 1325
MOTION by Defendants Eli Lilly and Company, Lilly USA, LLC to dismiss with Prejudice Pursuant to Case Management Order No. 9 (Attachments: #1 Declaration of David E. Stanley ISO Motion to Dismiss, #2 Exhibit 1 to Stanley Declaration)(Stanley, David)
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Filing 1324
MINUTE entry before the Honorable Matthew F. Kennelly: As requested in the parties' recently-filed joint status report (dkt. no. 1320), the Adkins case, 1:14-cv-9753, is removed from the AbbVie bellwether pool. (mk)
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Filing 1323
SEALED DOCUMENT (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Miracle, Trent)
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Filing 1322
MOTION to compel Production of Documents Relating to AbbVie's Drug Safety Files by Plaintiffs' Steering Committee (Miracle, Trent)
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Filing 1321
CERTIFICATE of Service Proof of Service by Bill Robins, III on behalf of Grace Lykes regarding MOTION by Attorney Bill Robins III to withdraw as attorney. New address information: Gracie Lykes, 801 Nixon Ln., Wetumpka, AL 36092 #1314 , notice of motion #1315 (Robins, Bill)
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Filing 1320
STATUS Report Re Case of John Adkins Case No. 1:14-cv-9753 by John Adkins (Miracle, Trent)
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Filing 1319
MOTION by Defendants Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Eli Lilly and Company, Lilly USA, LLC to dismiss with Prejudice Pursuant to Case Management Order No. 9 (Attachments: #1 Declaration of David E. Stanley ISO Defendants' Motion to Dismiss, #2 Exhibit 1 to Stanley Declaration)(Stanley, David)
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Filing 1318
STIPULATION of Dismissal with Prejudice (Stanley, David)
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Filing 1317
CASE MANAGEMENT ORDER NO. 28-F (Multiple-plaintiff action Tompkins v. AbbVie, Inc., No. 1:16-cv-01886) signed by the Honorable Matthew F. Kennelly on 5/25/2016. (pjg, )
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Filing 1316
CASE MANAGEMENT ORDER NO. 28-E (Multiple-plaintiff action Liggins v. AbbVie, Inc., No. 1:15-cv-11058) signed by the Honorable Matthew F. Kennelly on 5/25/2016. (pjg, )
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Filing 1315
NOTICE of Motion by Bill Robins, III for presentment of motion to withdraw as attorney #1314 before Honorable Matthew F. Kennelly on 6/1/2016 at 09:30 AM. (Robins, Bill)
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Filing 1314
MOTION by Attorney Bill Robins III to withdraw as attorney. New address information: Gracie Lykes, 801 Nixon Ln., Wetumpka, AL 36092 (Attachments: #1 Exhibit Notification of Party Contact Information)(Robins, Bill)
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Filing 1312
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1311
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 5/20/2016. Discussions held on all items listed on the joint agenda as well as the status of parallel state court litigation. Response to defendant's motion to dismiss third amended complaint in Medical Mutual v. AbbVie, 14 C 8857 is due by 6/20/2016 and may be up to 30 pages. Reply of up to 15 pages is due by 7/7/2016. The next case management conference remains set for 6/16/2016 at 1:30 p.m. Mailed notice. (pjg, )
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Filing 1310
TRANSCRIPT OF PROCEEDINGS held on May 19, 2016 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/10/2016. Redacted Transcript Deadline set for 6/20/2016. Release of Transcript Restriction set for 8/18/2016. (Cox, Carolyn)
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Filing 1313
PRO SE Appearance by Richard M. Wlodarczyk. (aee, )
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Filing 1309
CASE MANAGEMENT ORDER 19-B (Revised Case Management Plan as to Pfizer Inc. and Pharmacia & Upjohn Company LLC), signed by the Honorable Matthew F. Kennelly on 5/19/2016. (mk)
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Filing 1308
CASE MANAGEMENT ORDER 19-A (Case Management Plan as to Auxilium), signed by the Honorable Matthew F. Kennelly on 5/19/2016. (mk)
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Filing 1307
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11952843. (Berry, Frederick)
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Filing 1306
MINUTE entry before the Honorable Matthew F. Kennelly: The Court requests that lead counsel come to chambers (Room 2188) for a brief meeting at 1:20 pm today, before the case management conference set for 1:30 pm. (mk)
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Filing 1305
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1303 , #1304 , #1302 sent to Attorney Chad Joseph Primeaux returned as: Unknown Address Error. Mailed to attorney Chad Joseph Primeaux a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1304
STIPULATION of Dismissal with Prejudice (Stanley, David)
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Filing 1303
Joint Agenda for the May 19, 2016 Case Management Conference (Smith, Brendan)
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Filing 1302
STATUS Report (Joint) for the May 19, 2016 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 1301
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. Document mailed to counsel with letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Greg McEwen with document #1298 . (mr, )
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Filing 1300
NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. Document mailed to counsel with letter advising counsel to contact their email administrator or check personal settings in their email account for spam filtering of uscourts.gov domain. Electronic notices will be turned to "NO" until the Clerk's office has been advised that this matter has been corrected. Letter mailed to Joseph Gerard Dell with document #1298 . (mr, )
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Filing 1299
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1298 sent to Attorney Chantell Marie Boutte returned as: Other Mail System Problem. Mailed to attorney Chantell Marie Boutte a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1298
WAIVER OF SERVICE returned executed by Jose Bracetti. (Vicente, Harold)
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Filing 1297
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11930703. (Beyea-Schroeder, Karen)
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Filing 1296
WAIVER OF SERVICE returned executed by Jose Bracetti. (Vicente, Harold)
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Filing 1295
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1294
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1293
REQUEST for Clerk of Court to refund filing fee in the amount of 400, receipt no. 0752-11546210, (Rosemergy, James)
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Filing 1291
MEMORANDUM in support of motion to dismiss Plaintiff's Third Amended Complaint (Stanley, David)
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Filing 1290
MOTION by Defendants AbbVie Inc., Abbott Laboratories, Abbott Products, Inc., Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Actavis PLC, Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Auxilium Pharmaceuticals, Inc., Eli Lilly and Company, Endo Pharmaceuticals Inc., GlaxoSmithKline LLC, Lilly USA, LLC, Solvay Pharmaceuticals, Inc., Unimed Pharmaceuticals, LLC, Watson Laboratories, Inc. to dismiss Plaintiff's Third Amended Complaint (Stanley, David)
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Filing 1289
STATUS Report (Interim) (Joint) Regarding Dismissal Lists by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 1288
ATTORNEY Appearance for Defendants AbbVie Inc., Abbott Laboratories, Abbott Products, Inc., Solvay Pharmaceuticals, Inc., Unimed Pharmaceuticals, LLC by Niji Jain (Jain, Niji)
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Filing 1292
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1287 , #1286 sent to Attorney Ann Marie Byrd returned as: Unknown Address Error. Mailed to attorney Ann Marie Byrd a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1287
THIRD AMENDED CASE MANAGEMENT ORDER NO. 14 CASE MANAGEMENT PLAN Part 2(AbbVie bellwether cases selection and pretrial / trial schedule, signed by the Honorable Matthew F. Kennelly on 5/3/2016. (mk)
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Filing 1286
MINUTE entry before the Honorable Matthew F. Kennelly: Motions to withdraw the appearance of attorney Phyra M. McCandless are granted [1254, 1256, 1259]. (mk)
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Filing 1285
MOTION by Defendants Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Eli Lilly and Company, Lilly USA, LLC to dismiss with Prejudice Pursuant to Case Management Order No. 9 (Attachments: #1 Declaration of David E. Stanley, #2 Exhibit 1)(Stanley, David)
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Filing 1284
NOTICE of Correction - #1282 PDF replaced. (pjg, )
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Filing 1283
CERTIFICATE of Service of Objections and Response to Plaintiffs' Interrogatories (Kwuon, Janet)
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Filing 1282
ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND TO CLOSE CERTAIN DUPLICATE CASES, signed by the Honorable Matthew F. Kennelly on 5/2/2016: As set forth in the accompanying order, it is hereby ordered that the Plaintiffs' Motion to File Second Amended Complaint and to Close Certain Duplicate Cases #1275 is granted. The Clerk is directed to close the following duplicate cases listed in this order and to add each spouse to their respective case. Plaintiffs are then directed to file the second amended complaint in each of the newly opened cases referred to in this order. (mk) (Main Document 1282 replaced on 5/2/2016) (pjg, ).
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Filing 1281
MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the notice of withdrawal #1280 , motion to compel #1277 is withdrawn. Mailed notice. (pjg, )
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Filing 1280
Notice of Withdrawal of Motion to Compel Production of Custodial Files and Deposition Dates for Corporate Witnesses (Smith, Brendan)
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Filing 1279
NOTICE of Motion by Brendan A Smith for presentment of motion to compel #1277 before Honorable Matthew F. Kennelly on 5/19/2016 at 01:30 PM. (Smith, Brendan)
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Filing 1278
Memorandum in Support of Motion to Compel Production of Custodial Files and Deposition Dates for Corporate Witnesses (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 1277
MOTION to compel Production of Custodial Files and Deposition Dates for Corporate Witnesses (Smith, Brendan)
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Filing 1276
Unopposed NOTICE of Motion by Catherine Heacox for presentment of (Heacox, Catherine)
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Filing 1275
MOTION by Plaintiffs Denise Shew, Gina Barber, Lisa Derespiris Russ, Gracia Gavin, Christine Greaves, Nola Hall, Dorothy Hames, Brenda Noe, Teresa Pritchett, Freda Rawls, Melinda Robinson, Angela Sims, Toleda Waters for leave to file Unopposed (Attachments: #1 Exhibit, #2 Text of Proposed Order, #3 Certificate of Service)(Heacox, Catherine)
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Filing 1274
ORDER granting plaintiffs' unopposed motion for leave to file amended complaint and to close certain duplicate cases signed by the Honorable Matthew F. Kennelly on 4/25/2016. IT IS HEREBY ORDERED that the Plaintiffs' Motion to File Amended Complaint and to Close Certain Duplicate Cases #1247 is granted. The Clerk is directed to close the duplicate cases listed in this order and to add each spouse to their respective case. Plaintiffs are then directed to file the amended complaint in each of the newly opened cases referred to in this order. Mailed notice. (pjg, ) Modified on 4/26/2016 (pjg, ).
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Filing 1273
REQUEST for Clerk of Court to refund filing fee in the amount of $400.00, receipt no. 0752-11796182, regarding complaint 1238 , complaint 1236 , complaint 1239 , complaint 1237 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit Duplicate payment)(Leckman, T.)
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Filing 1272
MINUTE entry before the Honorable Matthew F. Kennelly: It appears to the Court that the following cases listed on Exhibit 1 to the status report for the March 2016 case management conference (spreadsheet listing unopposed dismissals of cases / defendants) have the wrong case number. Lead counsel are directed to double-check these and correct them on the next spreadsheet: 15-cv-8812; 14-cv-1648; 15-cv-9527; 14-cv-120; and 15-cv-10466. (mk)
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Filing 1271
NOTICE of Correction regarding CASE MANAGEMENT ORDER NO. 29 #1270 . (pjg, )
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Filing 1270
CASE MANAGEMENT ORDER NO. 29 (AbbVie's motion to amend Second Amended CMO 14) signed by the Honorable Matthew F. Kennelly on 4/22/2016. (mk) (Main Document 1270 replaced on 4/22/2016) (pjg, ). Modified on text 4/22/2016 (pjg, ).
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Filing 1347
CONDITIONAL TRANSFER ORDER (CTO-91) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545 (mr, )
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Filing 1269
Master Answer of Defendants Pfizer Inc. and Pharmacia & Upjohn Company LLC to the Third Amended Master Long-Form Complaint (Dkt No. #1074 ), Defenses and Jury Demand (Holian, Matthew)
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Filing 1268
ORDER REGARDING RULE TO SHOW CAUSE ISSUED 4/13/2016 signed by the Honorable Matthew F. Kennelly on 4/21/2016: The Court has reviewed the parties' submissions on the rule to show cause issued 4/13/2016 regarding the possible removal of certain alleged "mixed-use" cases from the bellwether trial pool. For the reasons previously discussed, the following cases are excluded from the bellwether trial pool: Friedel, 1:14-cv-6512; Guy, 1:14-cv-8894; Palmer, 1:14-cv-9325; Staton, 1:15-cv-619; Camp, 1:15-cv-2243, and Asgard, 1:14-cv-9742. The Court declines to exclude at this time the following cases, subject to later exclusion: Cripe, 1:14-cv-843; and Deel, 1:14-cv-10435. (mk)
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Filing 1267
REPLY to other #1250 to the PSC'S RESPONSE TO THE COURT'S ORDER TO SHOW CAUSE (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Yeary, Michelle)
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Filing 1266
ATTORNEY Appearance for Plaintiffs Allison White, Caroline White, Kathleen White, Peggy White by Brian D Ketterer (Ketterer, Brian)
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Filing 1265
MINUTE entry before the Honorable Matthew F. Kennelly: Complaint 1236 , having been improperly filed under the master file case number (14 C 1748), is hereby stricken. The improperly filed complaint has since been filed properly as a separate, new case, indicating the relationship to the MDL proceeding on the civil cover sheet under Case No. 16 C 4101. The Clerk is directed to remove the image of 1236 from this docket. (pjg, )
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Filing 1264
MINUTE entry before the Honorable Matthew F. Kennelly: Complaint 1237 , having been improperly filed under the master file case number (14 C 1748), is hereby stricken. The improperly filed complaint has since been filed properly as a separate, new case, indicating the relationship to the MDL proceeding on the civil cover sheet under Case No. 16 C 4112. The Clerk is directed to remove the image of 1237 from this docket. (pjg, )
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Filing 1263
MINUTE entry before the Honorable Matthew F. Kennelly: Complaint 1238 , having been improperly filed under the master file case number (14 C 1748), is hereby stricken. The improperly filed complaint has since been filed properly as a separate, new case, indicating the relationship to the MDL proceeding on the civil cover sheet under Case No. 16 C 4111. The Clerk is directed to remove the image of 1238 from this docket. (pjg, )
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Filing 1262
MINUTE entry before the Honorable Matthew F. Kennelly: Complaint 1239 , having been improperly filed under the master file case number (14 C 1748), is hereby stricken. The improperly filed complaint has since been filed properly as a separate, new case, indicating the relationship to the MDL proceeding on the civil cover sheet under Case No. 16 C 4110. The Clerk is directed to remove the image of 1239 from this docket. (pjg, )
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Filing 1261
MEMORANDUM in Opposition to Defendants' Motion to Amend Second Amended Case Management Order No. 14 (Smith, Brendan)
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Filing 1260
NOTICE of Motion by Todd E. Hilton for presentment of motion to withdraw as attorney #1259 before Honorable Matthew F. Kennelly on 5/5/2016 at 09:30 AM. (Hilton, Todd)
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Filing 1259
MOTION by Attorney Phyra M. McCandless to withdraw as attorney. No party information provided (Hilton, Todd)
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Filing 1258
CONDITIONAL TRANSFER ORDER (CTO-90) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (meg, )
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Filing 1257
NOTICE of Motion by Todd E. Hilton for presentment of motion to withdraw as attorney #1256 before Honorable Matthew F. Kennelly on 5/5/2016 at 09:30 AM. (Hilton, Todd)
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Filing 1256
MOTION by Attorney Phyra M. McCandless to withdraw as attorney. No party information provided (Hilton, Todd)
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Filing 1255
NOTICE of Motion by Todd E. Hilton for presentment of motion to withdraw as attorney #1254 before Honorable Matthew F. Kennelly on 5/5/2016 at 09:30 AM. (Hilton, Todd)
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Filing 1254
MOTION by Attorney Phyra M. McCandless to withdraw as attorney. No party information provided (Hilton, Todd)
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Filing 1253
STIPULATION of Dismissal with Prejudice (Stanley, David)
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Filing 1252
FIFTH AMENDED CASE MANAGEMENT ORDER NO. 18 (Service of Process) signed by the Honorable Matthew F. Kennelly on 4/17/2016. (mk)
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Filing 1251
MINUTE entry before the Honorable Matthew F. Kennelly: By no later than the close of business on 4/20/2016, defendants are to file a reply to plaintiffs' response to the Court's order to show cause regarding the claimed "mixed use" cases on the bellwether list. (mk)
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Filing 1250
PSC's Response to the Court's Order to Show Cause (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Smith, Brendan)
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Filing 1249
MOTION to amend/correct order #1089 AbbVie Inc. and Abbott Laboratories' Motion to Amend Second Amended Case Management Order No. 14 (Attachments: #1 Exhibit A)(Boisvert, Christopher)
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Filing 1248
Unopposed NOTICE of Motion by Catherine Heacox for presentment of (Heacox, Catherine)
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Filing 1247
MOTION by Plaintiffs Robin Curle, April Curtis, Ashley Fabian, Sanetra Jones, Maria Alejandra Lopez, Dona Thomas to amend/correct Unopposed (Attachments: #1 Exhibit, #2 Exhibit, #3 Certificate of Service)(Heacox, Catherine)
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Filing 1246
TRANSCRIPT OF PROCEEDINGS held on April 13, 2016 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/5/2016. Redacted Transcript Deadline set for 5/16/2016. Release of Transcript Restriction set for 7/13/2016. (Cox, Carolyn)
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Filing 1245
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 4/13/2016. Discussions held on all items listed on the joint agenda. At the May case management conference, the Court will determine whether to set a briefing schedule on defendants' anticipated motions to dismiss the third amended complaint in Medical Mutual v. AbbVie, 14 C 8857 (Item V). Defendants' brief(s) may be up to 30 pages in the aggregate. Parties are to meet and confer regarding a schedule for completing personal jurisdiction-related discovery regarding the Besins defendants (Item IV) and regarding discovery relating to claims on Depo-Testosterone and Testop (Item III) and are to include proposals for both in the status report for the May case management conference. Plaintiffs are ordered to show cause by April 15, 2016 why each of the cases listed on page 11-12 of the April status report in which the plaintiff used a non-AndroGel testosterone product should not be removed from the AbbVie bellwether pool. Any motion by AbbVie to modify the current bellwether discovery, pretrial, and trial schedule (see Items I & II) is to be filed by 4/15/2016; response is due by 4/19/2016. The 5/19/2016 case management conference remains as previously scheduled. Additional case management conferences are set for 6/16/2016 at 1:30 p.m. and 7/14/2016 at 1:30 p.m., with joint status reports and agendas to be filed at least two days prior to each conference. Mailed notice. (pjg, )
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Filing 1244
MINUTE entry before the Honorable Matthew F. Kennelly:Motion to withdraw as attorney #1235 is terminated; Motions terminated: (pjg, )
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Filing 1243
Joint Agenda for April 13, 2016 Case Management Conference by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 1242
STATUS Report for April 13, 2016 Case Management Conference by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 1241
MINUTE entry before the Honorable Matthew F. Kennelly: The Court relieves lead counsel of the obligation to file, with the status report for the upcoming case management conferences, the required lists of contested and uncontested dismissals of defendants and cases. The Court expects to be completely caught up with the lists attached to the March 2016 status report by the end of this week, i.e., April 15, 2016. With this in mind, counsel are directed to file an interim status report on April 22, 2016 that includes updated dismissal lists, taking account of orders entered between now and April 20, 2016. The Court also notes that one case on the March 2016 lists, Keeler v. AbbVie, identified as case no. 1:14cv120, actually does not bear that case number, but rather bears case no. 1:14cv7380. There have been other apparent errors on the lists as well. Counsel should double-check to ensure that the lists provided by the Court are accurate, because the Court relies on them heavily in entering the necessary orders. (mk)
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Filing 1240
MINUTE entry before the Honorable Matthew F. Kennelly: The Court relieves lead counsel of the obligation to file, with the status report for the upcoming case management conferences, the required lists of contested and uncontested dismissals of defendants and cases. The Court expects to be completely caught up with the lists attached to the March 2016 status report by the end of this week, i.e., April 15, 2018. With this in mind, counsel are directed to file an interim status report on April 22, 2018 that includes updated dismissal lists, taking account of orders entered between now and April 20, 2018. The Court also notes that one case on the March 2016 lists, Keeler v. AbbVie, identified as case no. 1:14cv120, actually does not bear that case number, but rather bears case no. 1:14cv7380. There have been other apparent errors on the lists as well. Counsel should double-check to ensure that the lists provided by the Court are accurate, because the Court relies on them heavily in entering the necessary orders. (mk)
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Filing 1239
DOCUMENT ENTERED IN ERROR. DOCUMENT REMOVED PER COURT ORDER OF 4/20/2016. (pjg, ).
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Filing 1238
DOCUMENT ENTERED IN ERROR. DOCUMENT REMOVED PER COURT ORDER OF 4/20/2016. (pjg, ).
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Filing 1237
DOCUMENT ENTERED IN ERROR. DOCUMENT REMOVED PER COURT ORDER OF 4/20/2016. (pjg, ).
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Filing 1236
DOCUMENT ENTERED IN ERROR. DOCUMENT REMOVED PER COURT ORDER OF 4/20/2016. (pjg, )
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Filing 1235
MOTION by Attorney Robinson Calcagnie Robinson Shapiro Davis, Inc. to withdraw as attorney for Caesar Quiroz. New address information: Caesar Quiroz, 934 West 25th Street, San Bernardino, CA 92405 (Attachments: #1 Declaration of Nicholas A. George, Esq. In Support of Motion for Leave to Withdraw as Attorney of Record for Plaintiff Caesar Quiroz, #2 Notification of Party Contact Information)(George, Nicholas)
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Filing 1234
CONDITIONAL TRANSFER ORDER (CTO-89) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1231
MINUTE entry before the Honorable Matthew F. Kennelly: Motion of Jerry Ellis (Case No. 15-cv-3901) to file surreply #1228 is granted. (mk)
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Filing 1230
CONDITIONAL TRANSFER ORDER (CTO-88) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1229
STIPULATION of Dismissal with Prejudice (Fiske, John)
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Filing 1233
CASE MANAGEMENT ORDER NO. 28-D (Multiple-plaintiff action Ware v. Pfizer, No. 1:16-cv-425). Signed by the Honorable Matthew F. Kennelly on 3/28/2016. Mailed notice. (sxn, )
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Filing 1232
CASE MANAGEMENT ORDER NO. 28-C (Multiple-plaintiff action Puryear v. Pfizer, No. 1:15-cv-10767). Signed by the Honorable Matthew F. Kennelly on 3/28/2016. Mailed notice. (sxn, )
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Filing 1228
MOTION by Plaintiff Jerry EllisMotion for Leave to File Sur-Reply (Attachments: #1 Supplement Sur-Reply to Defendants' MTD, #2 Text of Proposed Order Proposed Order Granting Motion to File Sur-Reply)(Dunnington, Katherine)
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Filing 1227
NOTICE of Voluntary Dismissal by Charles Heine, Jr of Action (Saunders, Joseph)
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Filing 1226
STIPULATION of Dismissal with Prejudice as to Defendants Eli Lilly and Company, Lilly USA, LLC, Acrux Commercial Pty Ltd., and Acrux DDS Pty Ltd Only (Stanley, David)
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Filing 1225
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1224
AMENDED CASE MANAGEMENT ORDER NO. 28-B (Multiple-plaintiff action Campbell v. AbbVie, No. 1:16-cv-1225), #1222 signed by the Honorable Matthew F. Kennelly on 3/16/2016. Mailed notice. (pjg, )
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Filing 1223
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1222
CASE MANAGEMENT ORDER NO. 28-B (Multiple-plaintiff action Campbell v. AbbVie, No. 1:16-cv-1225), signed by the Honorable Matthew F. Kennelly on 3/11/2016. (mk)
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Filing 1221
CASE MANAGEMENT ORDER NO. 28-A(Multiple-plaintiff action Mashburn v. AbbVie, No. 1:15-cv-10770), signed by the Honorable Matthew F. Kennelly on 3/11/2016 (mk)
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Filing 1220
TRANSCRIPT OF PROCEEDINGS held on March 10, 2016 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/1/2016. Redacted Transcript Deadline set for 4/11/2016. Release of Transcript Restriction set for 6/9/2016. (Cox, Carolyn)
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Filing 1219
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 3/10/2016. All items listed on the joint agenda addressed. Draft case management order to be submitted to Judge Kennelly's proposed email address regarding Liggins, et al. (No. 15 C 11058) and Tompkins, et al. (No. 16 C 1886). Parties are to meet and confer on setting deadlines on production of sales representative custodial files, consistent with the Court's comments, to allow adequate time for preparation for depositions during "phase 1" fact discovery on bellwether cases, and to avoid the need to extend the schedule generally. Motion to reconsider in Medical Mutual of Ohio v. AbbVie (No. 14 C 8857) #1205 is tabled until after the filing of an amended complaint. The 4/7/2016 case management conference is vacated and reset for 4/13/2016 at 1:30 p.m. An additional case management conference is set for 5/19/2016 at 1:30 p.m. Mailed notice. (pjg, )
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Filing 1218
MINUTE entry before the Honorable Matthew F. Kennelly: The motions of Jennifer Lenze and Christopher Bergin to appear pro hac vice are granted [1076 & 1146]. (mk)
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Filing 1217
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1215
STATUS Report (Joint) (Corrected) for the March 10, 2016 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 1216
LETTER from CT Corporation System dated 2/26/2016. (sxn, )
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Filing 1214
Joint Agenda for the March 10, 2016 Case Management Conference by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 1213
STIPULATION of Dismissal with Prejudice (Stanley, David)
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Filing 1212
STATUS Report (Joint) for the March 10, 2016 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 1211
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 3/7/2016: For the reasons stated in the accompanying decision, the Court grants plaintiffs' ANDA-related motion for reconsideration and for clarification in part and denies it in part [dkt. no. 1099]. For the reasons discussed above and in the Court's previous order, plaintiffs' request for additional discovery is denied, and plaintiffs' various claims for design defect and failure to warn (Counts One, Two, Three, Four, Five, and Six, and Eight) arising from the use of defendants' TRT drugs Depo-Testosterone and Testopel are dismissed. Plaintiffs' remaining claims (Counts Seven, Nine, Ten, Eleven, Twelve, Thirteen, and Fourteen) survive to the extent they are based on allegations of fraudulent off-label marketing but are otherwise dismissed. (mk)
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Filing 1210
MINUTE entry before the Honorable Matthew F. Kennelly: A meeting including co-lead counsel for plaintiffs and lead counsel for each defendant will be held in chambers starting at 1:00 on 3/10/2016, the date of the next case management conference. (mk)
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Filing 1209
CASE MANAGEMENT ORDER NO. 27 (CONTACT WITH PLAINTIFFS' TREATING PHYSICIANS) signed by the Honorable Matthew F. Kennelly on 3/7/2016. (mk)
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Filing 1208
CONDITIONAL TRANSFER ORDER (CTO-87) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1207
MEMORANDUM by Solvay Pharmaceuticals, SARL, AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories, Inc., Abbott Products, Inc., Anda, Inc., Auxilium Pharmaceuticals, Inc., Eli Lilly and Company, Endo Pharmaceuticals, Inc., GlaxoSmithKline, LLC, Lily USA, LLC, Solvay Pharmaceuticals, Inc., Unimed Pharmaceuticals, LLC, Watson Laboratories, Inc.(a Delaware Corporation ) in support of motion for reconsideration,, #1205 (Cavanaugh, William)
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Filing 1206
NOTICE of Motion by William F Cavanaugh, Jr for presentment of motion for reconsideration,, #1205 before Honorable Matthew F. Kennelly on 3/10/2016 at 01:30 PM. (Cavanaugh, William)
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Filing 1205
MOTION by Defendants AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories, Abbott Products, Inc., Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Actavis Inc., Actavis PLC, Actavis Pharma, Inc., Anda, Inc., Auxilium Pharmaceuticals, Inc., Eli Lilly and Company, Endo Pharmaceuticals, Inc., GlaxoSmithKline, LLC, Lilly, USA, Solvay Pharmaceuticals, Inc., Unimed Pharmaceuticals, LLC, Watson Laboratories, Inc. for reconsideration of the Court's Ruling on Plaintiff's Claims Under 1962(d) (Cavanaugh, William)
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Filing 1204
MINUTE entry before the Honorable Matthew F. Kennelly: THIS ORDER CONCERNS LIGGINS, ET Al. V. ABBVIE INC., CASE NO. 15 C 11058: Telephone status hearing held with counsel for plaintiffs in the Liggins case (Case No. 15 C 11058), one of the co-lead counsel for plaintiffs, and counsel for AbbVie participating. The Court made a suggestion to the parties regarding how to proceed in this case and another case in a somewhat similar posture with the same plaintiffs' attorney, Case No. 16 C 1886. A joint status report is to be filed by 3/22/2016. (mk)
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Filing 1203
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1202
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1201
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1200
STIPULATION of Dismissal with Prejudice (Stanley, David)
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Filing 1199
NOTICE of Motion by Robert T Dassow for presentment of before Honorable Matthew F. Kennelly on 3/10/2016 at 01:30 PM. (Dassow, Robert)
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Filing 1198
CONDITIONAL TRANSFER ORDER (CTO-86) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1197
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance after consulting with co-lead counsel for plaintiffs and liaison counsel for defendants, and due to an ongoing criminal jury trial that is unlikely to be completed by 3/3/2016, the case management conference set for 3/3/2016 is vacated and reset to 3/10/2016 at 1:30 PM. (mk)
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Filing 1196
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 2/18/2016: (This document concerns Case No. 15 C 11058, Liggins v. AbbVie) For the reasons discussed in the accompanying decision, the Court dismisses the claims of plaintiff Charlie Bernaix for lack of personal jurisdiction. The Court also denies plaintiffs' motion to remand. The Court declines at this time to rule on defendants' motion to dismiss regarding the other plaintiffs' claims. The Court wishes to discuss with counsel how the case should proceed ahead. The case is set for a telephone status conference on March 1, 2016 at 12:45 p.m. Chicago time. Counsel should confer to determine who should participate in the conference call; someone should volunteer to set it up; and they are to advise the Court by February 29, 2016 regarding the call-in information. (mk)
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Filing 1194
SEALED DOCUMENT by Defendants Auxilium Pharmaceuticals, Inc., Pfizer Inc., Pharmacia & Upjohn Company LLC / Sur-Reply Memorandum of Law in Opposition to the Plaintiffs' Steering Committee's Motion for Reconsideration and for Clarification (Solow, Andrew)
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Filing 1193
MINUTE entry before the Honorable Matthew F. Kennelly: The 2/25/2016 hearing date of plaintiffs' motion for reconsideration and clarification is vacated. The motion is currently under advisement. The Court will rule on the motion in due course. (mk)
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Filing 1195
LETTERS from The Corporation Trust Company dated 1/29/2016. (Attachments: #1 Letter, #2 Letter, #3 Letter, #4 Letter)(sxn, )
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Filing 1192
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion for leave to file a surreply on the plaintiffs' motion for reconsideration and for clarification #1189 is granted. (mk)
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Filing 1191
NOTICE of Motion by Andrew Keith Solow for presentment of Sealed motion, #1189 before Honorable Matthew F. Kennelly on 3/3/2016 at 01:30 PM. (Solow, Andrew)
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Filing 1190
SEALED DOCUMENT by Defendants Auxilium Pharmaceuticals, Inc., Pfizer Inc., Pharmacia & Upjohn Company LLC Declaration of Andrew K. Solow in Support of Defendants Motion for Leave to File a Sur-Reply in Opposition to the Plaintiffs' Steering Committee's Motion for Reconsideration and for Clarification (Attachments: #1 Sealed Exhibit)(Solow, Andrew)
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Filing 1189
SEALED MOTION by Defendants Auxilium Pharmaceuticals, Inc., Pfizer Inc., Pharmacia & Upjohn Company LLC for Leave to File a Sur-Reply in Opposition to the Plaintiffs' Steering Committee's Motion for Reconsideration and for Clarification (Attachments: #1 Sealed Exhibit)(Solow, Andrew)
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Filing 1188
CONDITIONAL TRANSFER ORDER (CTO-85) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (meg, )
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Filing 1187
CONDITIONAL TRANSFER ORDER (CTO-84) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (ym, )
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Filing 1186
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1185
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1184
STIPULATION of Dismissal Without Prejudice (Stanley, David)
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Filing 1183
CONDITIONAL TRANSFER ORDER (CTO-83) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1178
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has received a letter from attorney Benedict P. Morelli in which he asks to be appointed to the plaintiffs' steering committee (PSC). Mr. Morelli sent copies of the letter to plaintiffs' co-lead counsel but to no one else. It appears that Mr. Morelli is asking to be appointed to the PSC in place of David Ratner, though that is not entirely clear. Mr. Morelli's request, if he wishes to make it, must be presented by way of a motion filed under this case number (14-cv-1748) that specifies exactly what he is asking the Court to do. Any such motion must be noticed for presentment in open court at the next case management conference and must be filed no less than 14 days before the case management conference. If such a motion is filed, any response or objection must be filed no less than 7 days before the case management conference. The Court also requests the comments of plaintiffs' co-lead counsel on any such motion, in writing, no less than 7 days before the case management conference. (mk)
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Filing 1182
LETTERS from The Corporation Trust Company dated 2/2/2016. (Attachments: #1 Letter, #2 Letter, #3 Letter)(sxn, )
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Filing 1181
LETTERS from The Corporation Trust Company dated 2/1/2016. (Attachments: #1 Letter, #2 Letter, #3 Letter)(sxn, )
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Filing 1180
LETTERS from The Corporation Trust Company dated 1/28/2016. (Attachments: #1 Letter)(sxn, )
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Filing 1179
LETTER from The Corporation Trust Company dated 1/27/2016. (sxn, ) Modified on 2/9/2016 (sxn, ).
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Filing 1177
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1176 , #1175 , #1172 , #1174 , #1173 sent to Attorney Hector G Gancedo returned as: Unknown Address Error. Mailed to attorney Hector G Gancedo a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 1176
SEALED DOCUMENT by Plaintiff Plaintiffs' Steering Committee Declaration in Support of Reply in Support of Motion for Reconsideration and for Clarification (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Miracle, Trent)
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Filing 1175
SEALED DOCUMENT by Plaintiff Plaintiffs' Steering Committee Reply in Support of Motion for Reconsideration and for Clarification (Miracle, Trent)
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Filing 1174
REPLY by Defendants AbbVie, Inc., Abbott Laboratories to motion for miscellaneous relief, #1143 (Attachments: #1 Exhibit 1)(Boisvert, Christopher)
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Filing 1173
Acknowledgement to Confidentiality Agreement by Michael L. Belanger, Patricia Cantu, Tomas Cantu, Mona Loisel, Donald Loisel, Sr., Frank Olivier, Kimberly Olivier, John Reynolds, Wayne Smith (Alvarez, Mekel)
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Filing 1172
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1171
LETTER from The Corporation Trust Company dated 1/29/2016. (sxn, )
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Filing 1170
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1169
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1168
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to withdraw the appearance of Timothy Bunson as attorney is granted. (mk)
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Filing 1167
Certification to the Court of Timothy M. Bunson by Karen Artzberger, Luther Ayres, Virginia Ayres, Ashley Feliciano, Carlos Feliciano, Connie Gall, Gary Gall, Bobby Giles, Marsha Giles, David Hadaway, Un Hye Hadaway, Shirley L. Kovach, Steven P. Kovach, Danny McCarty, Janice McCarty, Dorothy Theros, Gus N. Theros, Keith D. Unterseher, Clinton Watson, Matthew Whisenhunt, Cheryl Williams, Damon Williams (Bunson, Timothy)
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Filing 1166
MINUTE entry before the Honorable Matthew F. Kennelly: Attorney Timothy Bunson has filed motions in a number of cases in this MDL proceeding seeking to withdraw as counsel. The motions all state that another attorney named Christopher Bergin will "continue" to represent the plaintiffs in these cases. It appears, however, that in many and perhaps all of the cases in question, the only attorney with an appearance on file is Mr. Bunson; there is no appearance by Mr. Bergin. The Court will not grant any of the motions to withdraw until another attorney's appearance is actually on file for the plaintiffs in these cases, AND Mr. Bunson has certified this to the Court. This must be accomplished by 2/8/2016, or the Court will strike Mr. Bunson's motions to withdraw. (mk)
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Filing 1165
SUPPLEMENT to objections #1164 (Attachments: #1 Exhibit)(Brown, Baird)
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Filing 1164
OBJECTIONS by In Re: Testosterone Replacement Therapy Products Liability Litigation to text entry,,,, #1158 (Attachments: #1 Exhibit)(Brown, Baird)
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Filing 1161
TRANSFER ORDER dated 2/2/2016 from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1160
STIPULATION of Dismissal with Prejudice (Stanley, David)
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Filing 1163
LETTERS from The Corporation Trust Company. (sxn, )
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Filing 1159
Submission in Support of Plaintiffs' Proposed Case Management Order Regarding Ex Parte Contact with Physicians by Plaintiffs' Steering Committee (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)(Smith, Brendan)
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Filing 1158
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' Joint Status Report Regarding Multiple-Plaintiff Cases (dkt. no. 1150). It states that counsel for the plaintiffs in the Mashburn and Campbell cases, Nos. 15 C 10770 and 16 C 1225, have agreed to file separate short form complaints by particular dates. The status report, however, does not address another point raised by the Court at the recent case management conference, specifically, whether separate filing fees should be assessed. The Court is inclined to enter an order directing the severance of these cases into individual, single-plaintiff cases, each with its own docket number, and further directing that unless the full district court filing fee of $400 is paid by a particular plaintiff within 21 days of entry of the order for severance, that plaintiff's individual case will be subject to summary dismissal. If plaintiffs in these cases object to entry of such an order, they must file an objection (including a justification for the objection) by no later than 5:00 pm on 2/3/2016. (mk)
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Filing 1157
CONDITIONAL TRANSFER ORDER (CTO-82) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1162
LETTERS from The Corporation Trust Company. (sxn, )
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Filing 1156
Request for Judicial Notice by Auxilium Pharmaceuticals, Inc., Pfizer Inc., Pharmacia & Upjohn Company LLC IN SUPPORT OF DEFENDANTS' OPPOSITION TO THE PLAINTIFFS' STEERING COMMITTEE'S MOTION FOR RECONSIDERATION AND FOR CLARIFICATION (Attachments: #1 Exhibit)(Holian, Matthew)
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Filing 1155
MEMORANDUM by Auxilium Pharmaceuticals, Inc., Pfizer Inc., Pharmacia & Upjohn Company LLC in Opposition to motion for reconsideration, motion for relief,, #1099 MEMORANDUM OF LAW IN OPPOSITION TO THE PLAINTIFFS' STEERING COMMITTEE'S MOTION FOR RECONSIDERATION AND FOR CLARIFICATION (Holian, Matthew)
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Filing 1154
Acknowledgement to Confidentiality Agreement by Calvin Berkley Ford (Brockland, Anne)
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Filing 1153
COMPLAINT filed by Allen Johnson; Filing fee $ 400, receipt number 0752-11546210.(Rosemergy, James)
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Filing 1150
STATUS Report (Joint) Regarding Multiple-Plaintiff Cases by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 1148
NOTICE of Motion by Timothy M. Bunson for presentment of motion to withdraw as attorney, #1147 before Honorable Matthew F. Kennelly on 2/11/2016 at 09:30 AM. (Bunson, Timothy)
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Filing 1147
MOTION by Attorney Timothy M. Bunson to withdraw as attorney for Karen Artzberger, Luther Ayres, Virginia Ayres, Ashley Feliciano, Carlos Feliciano, Connie Gall, Gary Gall, Bobby Giles, Marsha Giles, David Hadaway, Un Hye Hadaway, Shirley L. Kovach, Steven P. Kovach, Danny McCarty, Dorothy Theros, Gus N. Theros, Keith D. Unterseher, Clinton Watson, Matthew Whisenhunt. No party information provided (Bunson, Timothy)
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Filing 1146
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11543850. (Bergin, Christopher)
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Filing 1145
CONDITIONAL TRANSFER ORDER (CTO-81) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1144
STIPULATION of Dismissal Without Prejudice (Stanley, David)
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Filing 1152
LETTER from The Corporation Trust Company dated 1/14/2016. (sxn, )
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Filing 1151
LETTER from The Corporation Trust Company dated 1/14/2016. (Attachments: #1 Letter)(sxn, )
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Filing 1149
LETTER from The Corporation Trust Company dated 1/14/2016. (Attachments: #1 Letter)(sxn, )
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Filing 1143
MOTION by Defendants AbbVie, Inc., Abbott Laboratories in Support of Entry of Proposed Case Management Order Regarding Ex Parte Communications with Physicians (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Boisvert, Christopher)
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Filing 1137
CONDITIONAL TRANSFER ORDER (CTO-80) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1136
MINUTE entry #1134 is amended as follows: Case management conference held on 1/14/2016. Discussions held on all items listed on the joint agenda. Defendants' brief on issue of ex parte contacts with physicians is to be filed by 1/25/2016; Plaintiffs' response shall be filed by 2/1/2016; Defendants' reply shall be filed by 2/8/2016. Plaintiffs' Motion for Reconsideration on the Court's ruling regarding the ANDA Defendants' Motion to Dismiss will be briefed as follows: Defendant's response shall be filed by 1/29/2016; Plaintiffs' reply shall be filed 2/8/2016. (The Court notes the reply date differs from that stated in court.) Briefing on Defendants' Motion for Entry of Final Judgment and Partial Final Judgment is held in abeyance pending ruling on Plaintiffs' Motion for Reconsideration. Future status reports relating to case management conferences are to include attachments listing and describing the status of any pending agreed dismissals of cases or defendants and any pending unagreed motions to dismiss cases or defendants. Status report for today's case management conference is to be refiled with a corrected exhibit. Joint submission regarding the multiple-plaintiff case entitled Patricia Mashburn, et al. v. AbbVie, Inc., et al., Case No. 1:15-cv-10770, as well as the not-yet-lodged Campbell case, as more fully described in open court, is to be filed by 1/28/2016. Finally, the case management conferences previously set for 2/25/2016 at 1:30 p.m. and 3/24/2016 at 1:30 p.m. are vacated and reset to 3/3/2016 at 1:30 p.m. and 4/7/2016 at 1:30 p.m., with joint status reports and agendas to be filed at least two days prior to each conference. Mailed notice. (pjg, )
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Filing 1135
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1142
LETTERS from The Corporation Trust Company dated 1/4/2016. (Attachments: #1 Letter)(sxn, )
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Filing 1141
LETTERS from The Corporation Trust Company dated 1/4/2016. (Attachments: #1 Letter)(sxn, )
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Filing 1140
LETTERS from The Corporation Trust Company dated 1/4/2016. (Attachments: #1 Letter, #2 Letter, #3 Letter, #4 Letter)(sxn, )
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Filing 1139
LETTER from The Corporation Trust Company dated 1/4/2016. (Attachments: #1 Letter dated 1/11/2016)(sxn, ) Modified on 1/21/2016 (sxn, ).
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Filing 1138
LETTERS from The Corporation Trust Company dated 1/4/2016. (Attachments: #1 Letter)(sxn, )
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Filing 1133
TRANSCRIPT OF PROCEEDINGS held on January 14, 2016 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/5/2016. Redacted Transcript Deadline set for 2/15/2016. Release of Transcript Restriction set for 4/14/2016. (Cox, Carolyn)
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Filing 1134
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 1/14/2016. Discussions held on all items listed on the joint agenda. Defendants' brief on issue of ex parte contacts with physicians is to be filed by 1/25/2016; Plaintiffs' response shall be filed by 2/1/2016; Defendants' reply shall be filed by 2/8/2016. Plaintiffs' Motion for Reconsideration on the Court's ruling regarding the ANDA Defendants' Motion to Dismiss will be briefed as follows: Plaintiff's response shall be filed by 1/29/2016; Defendants' reply shall be filed 2/5/2016. Briefing on Defendants' Motion for Entry of Final Judgment and Partial Final Judgment is held in abeyance pending ruling on Plaintiffs' Motion for Reconsideration. Future status reports relating to case management conferences are to include attachments listing and describing the status of any pending agreed dismissals of cases or defendants and any pending unagreed motions to dismiss cases or defendants. Status report for today's case management conference is to be refiled with a corrected exhibit. Joint submission regarding the multiple-plaintiff case entitled Patricia Mashburn, et al. v. AbbVie, Inc., et al., Case No. 1:15-cv-10770, as well as the not-yet-lodged Campbell case, as more fully described in open court, is to be filed by 1/28/2016. Finally, the case management conferences previously set for 2/25/2016 at 1:30 p.m. and 3/24/2016 at 1:30 p.m. are vacated and reset to 3/3/2016 at 1:30 p.m. and 4/7/2016 at 1:30 p.m., with joint status reports and agendas to be filed at least two days prior to each conference. Mailed notice. (mgh, )
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Filing 1132
NOTICE by David Stuart Ratner of Change of Address (Ratner, David)
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Filing 1131
STATUS Report (Joint) for the January 14, 2016 Case Management Conference with Corrected Exhibit B by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B (Corrected))(Smith, Brendan)
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Filing 1130
MINUTE entry before the Honorable Matthew F. Kennelly: The Court advises that today's case management conference will start at 1:40 pm, not 1:30 pm, due to the need for the Court to deal with a brief criminal matter at 1:30 pm. (mk)
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Filing 1129
CONDITIONAL TRANSFER ORDER (CTO-79) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1128
LETTER from The Corporation Trust Company dated 1/8/2016. (sxn, )
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Filing 1127
LETTER from The Corporation Trust Company dated 1/8/2016. (sxn, )
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Filing 1126
LETTER from The Corporation Trust Company dated 1/5/2016. (sxn, )
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Filing 1125
LETTER from The Corporation Trust Company dated 1/5/2016. (sxn, )
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Filing 1124
LETTER from The Corporation Trust Company dated 1/5/2016. (sxn, )
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MEMBER CASE OPENED from Northern District of Illinois; ( 1:14-cv-01748 In Re: Testosterone Replacement Therapy Products Liability Litigation / Direct file in ILND). In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545 ) (lf, )
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Filing 1123
STATUS Report (Joint) for the January 14, 2016 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Brendan)
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Filing 1122
Joint Agenda for the January 14, 2016 Case Management Conference by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 1121
COMPLAINT Master Short Form Complaint filed by Michael Argondizzo; Jury Demand. Filing fee $ 400, receipt number 0752-11478036. (Attachments: #1 Civil Cover Sheet)(Schwartz, Robert)
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Filing 1119
NOTICE of Correction regarding entry on 1/8/2016. (lk, )
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Filing 1120
LETTER from Timothy J. Becker dated 1/4/2016. (lk, )
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MEMBER CASE OPENED from Northern District of Illinois; ( 1:14-cv-01748 In Re: Testosterone Replacement Therapy Products Liability Litigation / Direct file in ILND). In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545 ) (cc, )
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Modified on 1/11/2016; Entered in Error. (lk, ).
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Filing 1118
MINUTE entry before the Honorable Matthew F. Kennelly: Lead counsel for the parties are directed to compile and prepare, and attach to the status report for the upcoming case management conference, a list of cases in which a motion to dismiss with prejudice pursuant to amended CMO 9 has been filed, including the filing date of the motion. Such a list should be an attachment to each pre-CMO status report going forward. (mk) (Kennelly, Matthew)
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Filing 1117
ATTORNEY Appearance for Defendant Unnamed Healthcare Provider Physician B by David John Beach (Beach, David)
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Filing 1116
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw as attorney #1097 is granted. Attorney Dario Dzananovic terminated. Mailed notice. (pjg, )
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Filing 1115
LETTER from The Corporation Trust Company dated 12/23/15. (jp, )
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Filing 1114
LETTER from The Corporation Trust Company dated 12/24/15. (jp, )
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Filing 1113
LETTER from The Corporation Trust Company dated 12/24/15. (jp, )
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Filing 1112
LETTER from The Corporation Trust Company dated 12/24/15. (jp, )
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Filing 1111
LETTER from The Corporation Trust Company dated 12/23/15. (jp, )
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Filing 1110
LETTER from The Corporation Trust Company dated 12/23/15. (jp, )
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Filing 1109
LETTER from The Corporation Trust Company dated 12/24/15. (jp, )
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Filing 1108
LETTER from The Corporation Trust Company dated 12/23/15. (jp, )
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Filing 1107
CONDITIONAL TRANSFER ORDER (CTO-78) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1106
Corrected Memorandum of Law in Support of Motion for Reconsideration and for Clarification by Plaintiffs' Steering Committee (Smith, Brendan)
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Filing 1104
NOTICE of Motion by Matthew Aaron Holian for presentment of motion for judgment, #1101 before Honorable Matthew F. Kennelly on 1/14/2016 at 01:30 PM. (Holian, Matthew)
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Filing 1103
MEMORANDUM by Auxilium Pharmaceuticals, Inc., Pfizer Inc., Pharmacia & Upjohn Company LLC in support of motion for judgment, #1101 MOTION FOR ENTRY OF FINAL JUDGMENT AND PARTIAL FINAL JUDGMENT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 54(b) AND 58 (Holian, Matthew)
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Filing 1102
NOTICE of Motion by Brendan A Smith for presentment of motion for reconsideration, motion for relief,, #1099 before Honorable Matthew F. Kennelly on 2/25/2016 at 01:30 PM. (Smith, Brendan)
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Filing 1101
MOTION by Defendants Auxilium Pharmaceuticals, Inc., Pfizer Inc., Pharmacia & Upjohn Company LLC for judgment MOTION FOR ENTRY OF FINAL JUDGMENT AND PARTIAL FINAL JUDGMENT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 54(b) AND 58 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Holian, Matthew)
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Filing 1100
Memorandum of Law in Support of Motion for Reconsideration and for Clarification by Plaintiff's Steering Committee (Smith, Brendan)
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Filing 1099
MOTION by Plaintiff Plaintiff's Steering Committee for reconsideration regarding order on motion to dismiss,, memorandum opinion and order,, terminate motions, #1051 and for Clarification (Smith, Brendan)
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Filing 1098
NOTICE of Motion by Dario Dzananovic for presentment of motion to withdraw as attorney, #1097 before Honorable Matthew F. Kennelly on 1/5/2016 at 09:30 AM. (Dzananovic, Dario)
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Filing 1097
MOTION by Attorney Dario Dzananovic to withdraw as attorney for Charles Duncan, John Emmons, Harold Johnson, Phillip Keister, David Lyon, Loran Parker, Richard Roberts, Jeffrey Schuur, Jack Simpson, Samuel Tolbert, Jr. No party information provided (Dzananovic, Dario)
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Filing 1105
LETTER from The Corporation Trust Company dated 12/11/2015. (aee, )
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Filing 1096
LETTER from The Corporation Trust Company dated 12/11/2015. (aee, ) (Additional attachment(s) added on 12/21/2015: #1 Letter) (aee, ).
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Filing 1095
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone conference held at the request of counsel regarding the proposed rescheduling of a deposition set for early January 2016. The Court attempted to provide guidance regarding document-production issues that impact whether the deposition reasonably should proceed as scheduled. (mk)
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Filing 1094
NOTICE of Correction regarding entry on 12/17/2015. (lk, )
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Filing 1093
CONDITIONAL TRANSFER ORDER (CTO-77) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Modified on 12/17/2015; Entered in Error. (lk, )
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Filing 1092
STIPULATION of Dismissal without Prejudice (Stanley, David)
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Filing 1091
STIPULATION of Dismissal with Prejudice (Stanley, David)
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MEMBER CASE OPENED from Northern District of Illinois; (15cv11181 Barber, Jr. v. AbbVie Inc. et al / Direct file in ILND). In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545). (tlm)
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Filing 1090
MINUTE entry before the Honorable Matthew F. Kennelly: Based on the apparent absence of ripe topics to address with the Court at this time, the case management conference set for 12/16/2015 is vacated. Mailed notice. (pjg, )
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Filing 1089
SECOND AMENDED CASE MANAGEMENT ORDER NO. 14 CASE MANAGEMENT PLAN Part 2(AbbVie bellwether cases selection and pretrial / trial schedule) (mk)
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Filing 1088
TRANSFER ORDER from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1086
TRANSCRIPT OF PROCEEDINGS held on December 4, 2015 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/29/2015. Redacted Transcript Deadline set for 1/8/2016. Release of Transcript Restriction set for 3/7/2016. (Cox, Carolyn)
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Filing 1085
LETTERS from CT Corporation dated 12/2/15. (pg, )
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Filing 1087
LETTER from The Corporation Trust Company dated 11/25/2015. (aee, )
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Filing 1084
MINUTE entry before the Honorable Matthew F. Kennelly: Complaint #1077 , having been improperly filed under the master file case number (14 C 1748), is hereby stricken. The improperly filed complaint has since been filed properly as a separate, new case, indicating the relationship to the MDL proceeding on the civil cover sheet under Case No. 15-cv-10866. The Clerk is directed to remove the image of #1077 from this docket. (pjg, )
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Filing 1082
LETTER from CT Corporation dated 11/26/15. (pg, )
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Filing 1083
MAIL RETURNED, for document #1027 sent to Donald E. Johnson returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form. (ph, )
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Filing 1081
NOTICE of Correction regarding entry on 12/3/2015. (lk, )
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Modified on 12/3/2015 (lk, ); Entered in Error.
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Filing 1080
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1079 , #1078 , #1076 , #1077 sent to Attorney Calvin S. Tregre, Jr. returned as: Unknown Address Error.Mailed to attorney Calvin S. Tregre, Jr. a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ea, )
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Filing 1079
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1078 , #1076 , #1077 sent to Attorney Rick David Bailey returned as: Unknown Address Error. Mailed to attorney Rick David Bailey a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ea, )
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Filing 1078
MAIL RETURNED, for document #1061 sent to Donald E. Johnson returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form. (ph, )
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Filing 1077
DOCUMENT REMOVED PER COURT ORDER OF 12/4/2015. (pjg, ).
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Filing 1076
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11354444. (Lenze, Jennifer)
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Filing 1075
CONDITIONAL TRANSFER ORDER (CTO-76) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1074
Third Amended Master Long-Form Complaint by Plaintiffs' Steering Committee (Attachments: #1 Exhibit Master Short Form Complaint)(Miracle, Trent)
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Filing 1073
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' lead counsel are directed to provide to chambers an Excel version of the spreadsheet filed as docket entry 1058-1. (mk)
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Filing 1072
STIPULATION of Dismissal with Prejudice (Stanley, David)
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Filing 1071
STIPULATION of Dismissal with Prejudice (Stanley, David)
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Filing 1070
CONDITIONAL TRANSFER ORDER (CTO-74) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1069
TRANSCRIPT OF PROCEEDINGS held on November 20, 1015 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/22/2016. (Cox, Carolyn)
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Filing 1068
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone conference held with lead counsel for all parties regarding AbbVie bellwether selection process. All items on the parties' joint status report (dkt. no. 1066) were addressed. Three cases (LaForest, Nolte, and Rowley) are added to the bellwether discovery pool. The parties are to promptly discuss the issue of location and production of relevant files regarding contacts by sales representatives from AbbVie's predecessor who were not employed by AbbVie. Regarding the bellwether discovery and trial schedule, counsel are directed to prepare and submit a proposed second amended case management order 14 consistent with the Court's rulings and comments. Mailed notice. (pjg, )
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Filing 1067
ATTORNEY Appearance for Defendant Unnamed Healthcare Provider Physician C by Daniel James Venard (Venard, Daniel)
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Filing 1066
STATUS Report Joint re Bellwether Schedule by AbbVie, Inc., Abbott Laboratories (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Yeary, Michelle)
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Filing 1065
LETTER from The Corporation Trust Company dated 11/02/2015. (aee, )
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Filing 1064
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant AbbVie's motion regarding the bellwether selection process #871 is terminated based on the Court's rulings, most recently at the 11/12/2015 case management conference, establishing the selection process that is being followed. (mk)
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Filing 1063
TRANSCRIPT OF PROCEEDINGS held on November 12, 2015 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/4/2015. Redacted Transcript Deadline set for 12/14/2015. Release of Transcript Restriction set for 2/11/2016. (Cox, Carolyn)
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Filing 1062
CONDITIONAL TRANSFER ORDER (CTO-73) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1060
CONDITIONAL TRANSFER ORDER (CTO-72) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1061
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 11/12/2015. Discussions held on all items listed on the joint agenda. Oral argument on motion to dismiss in Medical Mutual of Ohio v. AbbVie Inc. et al, Case No. 14 C 8857, is set for 12/4/2015 at 10:30 a.m. Oral motion to stay Allied Services Division Welfare Fund v. AbbVie Inc. et al, Case No. 15 C 9525 until pending motions to dismiss are ruled upon in Case No. 14 C 8857 is granted. Telephone conference set for 11/20/2015 at 1:30 p.m. to discuss schedule under CMO 14. Joint status report due by 11/18/2015. Future case management conferences set for 12/16/2015 at 1:30 p.m., 1/14/2016 @ 1:30 p.m., 2/25/2016 at 1:30 p.m., and 3/24/2016 at 1:30 p.m., with joint status reports and agendas being filed at least two days prior to each conference. Mailed notice. (pjg, )
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Filing 1059
CASE MANAGEMENT ORDER NO. 22A(Amendments to Master Pleadings regarding two Actavis Defendants), signed by the Honorable Matthew F. Kennelly on 11/12/2015. (mk)
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Filing 1058
STATUS Report Joint (Amended) for the November 12, 2015 Case Management Conference by Plaintiffs' Steering Committee (Attachments: #1 Exhibit A)(Smith, Brendan)
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Filing 1056
CASE MANAGEMENT ORDER 26 (dismissal of cases), signed by the Honorable Matthew F. Kennelly on 11/10/2015. The Court notes that it made a change to paragraph D2 of the parties' proposed order. (mk) Modified on 7/6/2016 (pjg, ).
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Filing 1057
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1054 , #1052 , #1051 , #1053 , #1049 , #1050 , #1055 sent to Attorney C. Donald Briggs, III returned as: Unknown Address Error. Mailed to attorney C. Donald Briggs, III Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ea, )
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Filing 1055
SEALED RESPONSE by AbbVie, Inc., Abbott Laboratories to other #1039 Plaintiffs' Bellwether Selections (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Yeary, Michelle)
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Filing 1054
MEMORANDUM other #1038 by Plaintiffs' Steering Committee In Oppposition to AbbVie's Bellwether Proposal (Miracle, Trent)
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Filing 1053
Joint Agenda for the November 12, 2015 Case Management Conference by AbbVie, Inc., Abbott Laboratories (Yeary, Michelle)
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Filing 1052
STATUS Report Joint for the November 12, 2015 Case Management Conference by AbbVie, Inc., Abbott Laboratories (Yeary, Michelle)
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Filing 1051
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 11/9/2015: For the reasons stated in the accompanying decision, the Court grants defendants' motion to dismiss [dkt. no. 770] with regard to all claims involving defendants' drugs that were approved pursuant to abbreviated new drug applications and denies plaintiffs' request for discovery related to the preemption issue. (mk)(Kennelly, Matthew)
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Filing 1050
LETTER from CT Corporation dated 11/2/15. (pg, )
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Filing 1049
LETTER from CT Corporation dated 11/2/15. (pg, )
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Filing 1048
REPLY by Defendant GlaxoSmithKline LLC Supplemental Reply Memorandum of Law in Support of Defendant GlaxoSmithKline LLC's Motion to Dismiss the Complaint [Dkt. 915] (Solow, Andrew)
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Filing 1047
REPLY by Defendant Auxilium Pharmaceuticals, Inc. Supplemental Reply Memorandum of Law in Support of Defendant Auxilium Pharmaceuticals, Inc.'s Motion to Dismiss the Complaint [Dkt. 915] (Solow, Andrew)
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Filing 1046
REPLY by Defendant Endo Pharmaceuticals, Inc. Supplemental Reply Memorandum of Law in Support of Defendant Endo Pharmaceuticals Inc.'s Motion to Dismiss the Complaint [Dkt. 915] (Solow, Andrew)
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Filing 1045
REPLY by Actavis PLC, Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Watson Laboratories, Inc.(a Nevada Corporation), Watson Pharmaceuticals, Inc. to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIMPlaintiff's Second Amended ComplaintMOTION by Defendants Solvay America, Inc., Acrux Commercial Pty Ltd., Watson Laboratories, Inc., Abbott Products, Inc., Solvay Pharmaceuticals, Inc., Actavis PLC, Acrux DDS Pty Ltd, Lilly USA, Inc., Anda Inc., Eli Lilly and Company, Abbott Laboratories, #915 Supplemental Reply Memorandum of the Actavis Defendants in Support of Defendants' Motion to Dismiss Second Amended Class Action Complaint of Plaintiff Medical Mutual of Ohio (Matthews, James)
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Filing 1044
REPLY by Defendants AbbVie, Inc., Abbott Laboratories, Abbott Products, Inc., Solvay America, Inc., Solvay Pharmaceuticals, Inc., Solvay, S.A., Unimed Pharmaceuticals, LLC / Abbvie Defendants Supplemental Reply in Further Support of Defendants Motion to Dismiss [Dkt. 915] (Cavanaugh, William)
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Filing 1043
REPLY by Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Eli Lilly and Company, Lilly USA, LLC to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIMPlaintiff's Second Amended ComplaintMOTION by Defendants Solvay America, Inc., Acrux Commercial Pty Ltd., Watson Laboratories, Inc., Abbott Products, Inc., Solvay Pharmaceuticals, Inc., Actavis PLC, Acrux DDS Pty Ltd, Lilly USA, Inc., Anda Inc., Eli Lilly and Company, Abbott Laboratories, #915 Supplemental Reply of Lilly Defendants (Stanley, David)
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Filing 1042
REPLY by AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories, Abbott Laboratories Inc., Abbott Laboratories, Inc., Abbott Products, Inc., Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Actavis Inc., Actavis Laboratories UT, Inc., Actavis PLC, Actavis Pharma, Inc., Actavis, Inc., Anda Inc., Auxilium Pharmaceuticals Inc., Eli Lilly and Company, Endo Pharmaceuticals Inc., GlaxoSmithKline LLC, Lilly USA, LLC, Solvay America, Inc., Solvay Pharmaceuticals, Inc., Solvay S.A., Unimed Pharmaceuticals, Inc, Watson Laboratories Inc. to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIMPlaintiff's Second Amended ComplaintMOTION by Defendants Solvay America, Inc., Acrux Commercial Pty Ltd., Watson Laboratories, Inc., Abbott Products, Inc., Solvay Pharmaceuticals, Inc., Actavis PLC, Acrux DDS Pty Ltd, Lilly USA, Inc., Anda Inc., Eli Lilly and Company, Abbott Laboratories, #915 (Stanley, David)
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Filing 1041
ATTORNEY Appearance for Plaintiffs Jose A Bracetti, Jose A Bracetti, Jose A Bracetti by Harold D Vicente Notice of Appearance (Vicente, Harold)
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Filing 1039
PSC's Bellwether Proposal by Plaintiff's Steering Committee (Smith, Brendan)
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Filing 1038
BELLWETHER PROPOSAL OF ABBVIE INC. AND ABBOTT LABORATORIES by AbbVie, Inc., Abbott Laboratories (Attachments: #1 Exhibit Exhibit 1)(Burrichter, Christopher)
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Filing 1040
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1037 sent to Attorney Zollie C. Steakley returned as: unknown address error. Mailed to attorney Zollie C. Steakley Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ea, )
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Filing 1037
Master Answer of Besins Healthcare Inc. to Plaintiffs' Second Amended Master Complaint by Besins Healthcare Inc. (Boisvert, Christopher)
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Filing 1036
MINUTE entry before the Honorable Matthew F. Kennelly: The application of Bryan Rogers to appear pro hac vice #1030 is granted. Counsel is directed to promptly contact the Clerk of Court to establish an e-filing account in this district if he has not already done so. (mk) (pjg, ).
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Filing 1035
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #1032 , #1034 , #1033 sent to Attorney Meghan C. Quinlivan returned as: Unknown Address Error. Mailed to attorney Meghan C. Quinlivan Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ea, )
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Filing 1034
LETTERS from CT Corporation dated 10/19/15. (pg, )
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Filing 1033
LETTER from CT Corporation dated 10/21/15. (pg, )
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Filing 1032
LETTER from CT Corporation dated 10/19/15. (pg, )
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Filing 1031
NOTICE of Motion by Bryan Elliott Rogers for presentment of motion to appear pro hac vice #1030 before Honorable Matthew F. Kennelly on 10/29/2015 at 09:30 AM. (Rogers, Bryan)
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Filing 1030
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11219283. (Rogers, Bryan)
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Filing 1029
FOURTH AMENDED CASE MANAGEMENT ORDER NO. 18(Service of Process), signed by the Honorable Matthew F. Kennelly on 10/21/2015. (mk)
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Filing 1028
CASE MANAGEMENT ORDER # 25 (PSCs Motion to Compel Safety Information about other Testosterone-Containing Products), signed by the Honorable Matthew F. Kennelly on 10/21/2015. (mk)
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Filing 1026
TRANSCRIPT OF PROCEEDINGS held on October 15, 2015 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/6/2015. Redacted Transcript Deadline set for 11/16/2015. Release of Transcript Restriction set for 1/14/2016. (Cox, Carolyn)
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Filing 1027
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 10/15/2015. Discussions held on all items listed on the joint agenda. An overall cap of 86 AbbVie custodial files is set, with a "safety valve" as described by the Court orally at today's conference. The deadline for the production of custodial files for Tier A custodians remains due by 11/30/2015; deadline for Tier B custodians is extended to 1/2/2016. (agenda item I). Plaintiff's' motion to compel production of personnel files is granted with regard to salary and other compensation information for those employees with bonus-related information producible under the Court's earlier order. Plaintiffs' motion to compel production of documents pertaining to the safety of exogenous testosterone is granted to the extent stated in open court (agenda item V); the parties are to submit an order via Judge Kennelly's draft order e-mail address. If the person has no producible bonus-related information, other compensation information does not need to be produced (agenda item VI). The time for the 11/12/2015 case management conference is moved to 1:30 p.m. (pjg, )
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Filing 1025
MINUTE entry before the Honorable Matthew F. Kennelly: The plaintiffs' executive committee and lead counsel for each defendant are requested to meet in chambers with Judge Kennelly at 1:00 pm on 10/15/2015. The meeting will last no longer than 15-20 minutes. (mk)
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Filing 1024
STATUS Report , Joint for October 15, 2015 Case Management Conference by AbbVie, Inc., Abbott Laboratories (Attachments: #1 Exhibit)(Yeary, Michelle)
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Filing 1023
Joint Agenda for October 15, 2015 Case Management Conference by AbbVie, Inc., Abbott Laboratories (Yeary, Michelle)
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Filing 1021
MEMORANDUM Revised Supplemental Memorandum of Law in Support of Defendant GlaxoSmithKline LLC's Motion to Dismiss the Complaint (Solow, Andrew)
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Filing 1020
MEMORANDUM Revised Supplemental Memorandum of Law in Support of Defendant Endo Pharmaceuticals Inc.'s Motion to Dismiss the Complaint (Solow, Andrew)
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Filing 1019
MEMORANDUM Revised Supplemental Memorandum of Law in Support of Defendant Auxilium Pharmaceuticals, Inc.'s Motion to Dismiss the Complaint (Solow, Andrew)
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Filing 1018
MEMORANDUM Revised Supplemental Memorandum of the Actavis Defendants in Support of Defendants' Motion to Dismiss Second Amended Class Action Complaint of Plaintiff Medical Mutual of Ohio [Doc. 692 & 915] (Matthews, James)
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Filing 1017
MEMORANDUM / Abbvie Defendants' Supplemental Memorandum of Law In Support of their Motion to Dismiss (Attachments: #1 Exhibit 1, Affidavit of Paul Vanderhoeven Regarding Solvay, S.A., #2 Exhibit 2, Affidavit of Edwin J. Buckingham III)(Cavanaugh, William)
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Filing 1016
MEMORANDUM Revised Supplemental Memorandum of Lilly Defendants in Support of Motion to Dismiss Second Amended Complaint of Plaintiff Medical Mutual of Ohio [Doc 692] (Stanley, David)
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Filing 1015
ORDER signed by the Honorable Matthew F. Kennelly on 10/4/2015: The Court denies plaintiffs' motion to compel Auxilium's privilege log information, with one exception noted in the accompanying order. (mk)
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Filing 1013
SUMMONS Returned Executed by Fred Paige as to AbbVie, Inc. on 6/29/2015, answer due 7/20/2015; Abbott Laboratories on 6/29/2015, answer due 7/20/2015. (Attachments: #1 Affidavit Fred Paige AOS)(Sinnott, Kristen)
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Filing 1014
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 10/1/2015. Motion by plaintiffs' steering committee's motion to compel production of deponent personnel files #995 is granted in part as discussed in open court. A draft order is to be submitted to Judge Kennelly's proposed order email address. Motion for supplemental request for information on case pool #992 is denied without prejudice; the requested information need not be produced in advance of the bellwether selections by the parties. Mailed notice. (pjg, )
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Filing 1012
MINUTE entry before the Honorable Matthew F. Kennelly: At the end of or just after the motion hearing set for 10/1/2015, the Court will discuss briefly with counsel the points discussed in their letters to the Court dated 9/28-29-30/2015. (mk)
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Filing 1011
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 9/30/2015: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants defendants' motion to dismiss in part [dkt. no. 876] and defers ruling in part. Claims Two, Four, Five, Six, Seven, and Nine of the Master Complaint are dismissed for failure to state a claim insofar as they are asserted against defendants Besins S.A. and Besins Inc. The Court declines to dismiss Claims One, Three, Eight, Ten, Eleven, Twelve, Thirteen, and Fourteen for failure to state a claim. Ruling on the motion to dismiss for lack of personal jurisdiction is otherwise deferred pending discovery as described in the body of this decision. Prior to the October case management conference, counsel are to confer and attempt to agree upon a discovery schedule regarding the motion. The parties' proposal or proposals are to be included in the status report filed in advance of that conference. (mk)
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Filing 1010
RESPONSE by Auxilium Pharmaceuticals, Inc., Endo Pharmaceuticals Inc., GlaxoSmithKline LLCin Opposition to MOTION by Plaintiff Plaintiff's Steering Committee to compel Production of Deponent Personnel Files #995 (Solow, Andrew)
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Filing 1009
MEMORANDUM by AbbVie, Inc., Abbott Laboratories in Opposition to motion to compel #995 AMENDED MEMORANDUM (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Burrichter, Christopher)
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Filing 1008
RESPONSE by AbbVie, Inc., Abbott Laboratoriesin Opposition to MOTION by Plaintiff Plaintiff's Steering Committee to compel Production of Deponent Personnel Files #995 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Burrichter, Christopher)
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Filing 1007
SEALED RESPONSE by AbbVie, Inc., Abbott Laboratories to MOTION by Plaintiff Plaintiff's Steering Committee to supplement Plaintiffs Motion for Supplemental Request for Information on Case Pool #992 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Yeary, Michelle)
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Filing 1006
CONDITIONAL TRANSFER ORDER (CTO-69) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 1005
MINUTE entry before the Honorable Matthew F. Kennelly: The Court advises that counsel who are unable to attend the 10/1/2015 motion hearing but wish to listen may do so via telephone. Counsel may listen to the hearing by calling (888) 684-8852; participant code: 7461053 (followed by the # sign). No person listening in by telephone will be permitted to speak; the call-in option is for listening only. An in-person appearance will be required for any attorney or other person who wishes to be heard. Mailed notice. (pjg, )
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Filing 1004
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the letters from the PSC and counsel for AbbVie regarding the possibility of having a discussion on 10/1/2015 regarding the bellwether selection process. In order to assess this properly, the Court needs more information from the PSC regarding what exactly they propose to discuss. This information may be submitted via a letter to chambers that need not be filed on the docket but that must be sent to lead counsel for each defendant. (mk)
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Filing 1003
Letter to Judge Matthew F. Kennelly by AbbVie, Inc., Abbott Laboratories, Inc. (Attachments: #1 Attachment 1, #2 Attachment 2)(Bernick, David)
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Filing 1002
Letter to the Court by Plaintiffs' Counsel (Seeger, Christopher)
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Filing 1001
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' submissions regarding plaintiffs' motion to compel the production of material claimed by Auxilium to be privileged. Auxilium is directed to produce these materials for in camera inspection by no later than 9/29/2015. Where the withheld material involves redaction of documents that otherwise have been produced, Auxilium is to provide the Court both the redacted and an unredacted version of the document. (mk)
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Filing 1022
FIRST NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel, returned as Spam. The Clerk is notifying counsel by US Postal Service to contact their email administrator or check personal settings in their email account for spam filtering of us.courts.gov domain. Counsel was further advised to contact the Clerk's Office when this matter has been corrected. Letter mailed to Gary D. McCallister with document #999 , #998 , #996 , #995 , #1000 , #997 . (mr, )
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Filing 1000
MOTION by Defendants Solvay Pharmaceuticals, SARL, AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories, Abbott Laboratories Inc., Abbott Laboratories, Inc., Abbott Products, Inc., Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Acrux Ltd., Actavis Inc., Actavis Laboratories UT, Inc., Actavis PLC, Actavis Pharma, Inc., Actavis, Inc., Anda Inc., Anda, Inc., Anda, Inc., Auxilium Pharmaceuticals Inc., Auxilium Pharmaceuticals, Inc., Eli Lilly and Company, Eli Lilly and Company, Eli Lilly and Company, Endo Pharmaceuticals Inc., Endo Pharmaceuticals, Inc., GlaxoSmithKline LLC, GlaxoSmithKline, LLC, Lilly USA, Inc., Lilly USA, Inc., Lilly USA, LLC, Lilly, USA, Lily USA, LLC, Solvay America, Inc., Solvay Pharma US Holdings, Inc., Solvay Pharmaceuticals, Inc., Solvay S.A., Solvay, S.A., Solvay, S.A., Solvay, S.A., Inc., Watson Laboratories Inc., Watson Laboratories, Inc., Watson Laboratories, Inc., Watson Pharmaceuticals, Inc. for leave to file Revised Supplemental Memoranda in Support of Motion to Dismiss Second Amended Complaint, No. 915 (Attachments: #1 Exhibit 1 (Lilly Defendants' Revised Supplemental Memorandum), #2 Exhibit 2 (AbbVie Defendants' Revised Supplemental Memorandum), #3 Exhibit 3 (Actavis Defendants's Revised Supplemental Memorandum), #4 Exhibit 4 (Auxilium Pharmaceuticals Inc.'s Revised Supplemental Memorandum), #5 Exhibit 5 (Endo Pharmaceuticals Inc.'s Revised Supplemental Memorandum), #6 Exhibit 6 (GlaxoSmithKline LLC's Revised Supplemental Memorandum))(Stanley, David)
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Filing 999
MINUTE entry before the Honorable Matthew F. Kennelly: AbbVie defendants are directed to respond to motion to supplement #992 and motion to compel #995 by 9/30/2015. These matters will be heard on 10/1/2015 at 9:30 a.m. Mailed notice. (pjg, )
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Filing 998
MEMORANDUM in Support of Motion to Dismiss, 915 (Attachments: #1 Appendix Index, #2 Appendix 1, #3 Appendix 2, #4 Appendix 3-10, #5 Appendix 11-20, #6 Appendix 21-30, #7 Appendix 31-40, #8 Appendix 41-50, #9 Appendix 51-60, #10 Appendix 61-70, #11 Appendix 71-73)(Stanley, David)
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Filing 997
NOTICE of Motion by Trent B. Miracle for presentment of motion to compel #995 before Honorable Matthew F. Kennelly on 10/1/2015 at 09:30 AM. (Miracle, Trent)
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Filing 996
MEMORANDUM by Plaintiff's Steering Committee in support of motion to compel #995 Production of Deponent Personnel Files (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Miracle, Trent)
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Filing 995
MOTION by Plaintiff Plaintiff's Steering Committee to compel Production of Deponent Personnel Files (Miracle, Trent)
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Filing 994
NOTICE of Motion by Trent B. Miracle for presentment of motion to supplement #992 before Honorable Matthew F. Kennelly on 10/1/2015 at 09:30 AM. (Miracle, Trent)
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Filing 993
MEMORANDUM in Support of Plaintiffs' Motion for Supplemental Request for Information on Case Pool (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)(Miracle, Trent) Modified on 9/24/2015 by Clerk's Office. (mmy, )
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Filing 992
MOTION by Plaintiff Plaintiff's Steering Committee to supplement Plaintiffs Motion for Supplemental Request for Information on Case Pool (Miracle, Trent)
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Filing 991
TRANSCRIPT OF PROCEEDINGS held on September 17, 2015 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/13/2015. Redacted Transcript Deadline set for 10/22/2015. Release of Transcript Restriction set for 12/21/2015. (Cox, Carolyn)
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Filing 990
LETTER from CT Corporation dated 9/15/15. (pg, ) (pg, ).
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Filing 989
MINUTE entry before the Honorable Matthew F. Kennelly: Applications of Jason Drori and Katy Koski to appear pro hac vice [952 & 953] are granted. Motion of David List to withdraw #866 is granted. Motions to dismiss [692 & 915] are terminated as pending motions in this case because they will be dealt with in Case No. 14 C 8857. Motion to dismiss #753 is terminated because it has been superseded by a later motion to dismiss filed by the same parties. (mk)
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Filing 988
MINUTE entry before the Honorable Matthew F. Kennelly: Motions 644, 672, 684, 685, and 687 are terminated as pending motions because they have been ruled on in the individual cases to which they pertain. Motions 539, 565, 639, and 656 are terminated as pending motions because they have been dealt with via case management orders or have been superseded. (mk)
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Filing 987
CASE MANAGEMENT ORDER NO. 24 (Plaintiffs Leadership), signed by the Honorable Matthew F. Kennelly on 9/18/2015. (mk)
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Filing 986
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 9/17/2015. Discussions held on all items listed on the joint agenda. AbbVie defendants commit that 31 "custodial" files will be produced by 11/30/2015. Regarding production of custodian files (agenda item I-A), the parties are to confer further based on the Court's comments, and proposals for an overall cap, a "safety valve," and a schedule for production are to be provided in the status report filed in advance of the next case management conference. The parties are directed to confer and prepare a proposed case management order regarding motions to withdraw as counsel (agenda item I-G) consistent with the Court's comments at the case management conference. Regarding production of documents pertaining to safety of "exogenous testosterone" (agenda item I-J), the parties are to confer further based on the discussion at the conference, and differences between the parties' proposals are to be addressed and explained in the next status report. Regarding voluntary dismissals (agenda item I-F) and motions for dismissal based on noncompliance with CMO 9, the parties are to file a list identifying cases that appropriately may be dismissed and the terms of such dismissals, as well as cases in which a motion to dismiss pursuant to CMO 9 has been filed, as discussed at the conference. Regarding the motion to compel privilege log information from Auxilium (agenda item I-K), the parties are to promptly provide to chambers a flash drive or other media containing all of the briefs, exhibits, and other submissions, bookmarked as discussed at the conference. The request for PSC reappointment (agenda item I-M) is granted, but a draft order including Mr. Flowers must be submitted. Regarding the motions to dismiss in Medical Mutual of Ohio v. AbbVie, Inc. (14 C 8857), Document Nos. 85, 86, 95, 100, 101, 102, 103, 104, 105 and 107 are stricken for reasons stated in open court. Revised version of the joint motion to dismiss is to be filed by 9/24/2015; response by 10/8/2015; replies by 11/5/2015. The 10/15/2015 case management conference remains set for 1:30 p.m. The time for the 11/12/2015 case management conference is moved to 3:30 p.m. Mailed notice. (pjg, )
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Filing 985
THIRD AMENDED CASE MANAGEMENT ORDER NO. 18 (Service of Process), signed by the Honorable Matthew F. Kennelly on 9/16/2015. (mk)
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Filing 984
SECOND AMENDED CASE MANAGEMENT ORDER NO. 9 (Plaintiff Fact Sheets and Records Authorizations), signed by the Honorable Matthew F. Kennelly on 9/16/2015. (mk)
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Filing 983
Joint Agenda for September 17, 2015 Case Management Conference by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 982
STATUS Report [Joint] for September 17, 2015 Case Management Conference by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 981
ATTORNEY Appearance for Plaintiffs Charles Duncan, John Emmons, Harold Johnson, Phillip Keister, David Lyon, Loran Parker, Richard Roberts, Jeffrey Schuur, Jack Simpson, Samuel Tolbert, Jr by Dario Dzananovic (Dzananovic, Dario)
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Filing 979
LETTERS from CT Corporation dated 9/8/15. (pg, )
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Filing 978
MINUTE entry before the Honorable Matthew F. Kennelly: The motion to withdraw the appearance of Robert Sparkes III as counsel is granted #956 , and the hearing date of 9/15/2015 is vacated. Mailed notice. (pjg, )
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Filing 980
LETTER from The Corporation Trust Company of Nevada dated 09/05/2015. (rm, )
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Filing 977
REPLY by Plaintiff's Steering Committee to memorandum in opposition to motion #954 by PSC to Compel Privilege Log Information (Becker, Timothy)
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Filing 975
CONDITIONAL TRANSFER ORDER (CTO-68) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 976
LETTER from The Corporation Trust Company dated 8/28/2015. (lf, )
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Filing 972
LETTER from CT Corporation dated 8/28/15. (pg, )
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Filing 974
LETTER from The Corporation Trust Company of Nevada dated 8/28/2015. (lf, )
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Filing 973
LETTER from The Corporation Trust Company of Nevada dated 8/28/2015. (lf, )
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Filing 970
MINUTE entry before the Honorable Matthew F. Kennelly: Complaint [ 737 ] having been improperly filed under the master file Case Number (14 C 1748), is hereby stricken. The improperly filed complaint has since been filed properly as a separate, new case, indicating the relationship to the MDL proceeding on the civil cover sheet under Case No. 15 C 3582. The Clerk is directed to remove the image of [ 737 ] from this docket. Mailed notice. (pjg, ) Modified on 9/4/2015 (pjg, ).
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Filing 969
MINUTE entry before the Honorable Matthew F. Kennelly: Complaint [ 573 ] having been improperly filed under the master file Case Number (14 C 1748), is hereby stricken. The improperly filed complaint has since been filed properly as a separate, new case, indicating the relationship to the MDL proceeding on the civil cover sheet under Case No. 15 C 546. The Clerk is directed to remove the image of [ 573 ] from this docket. Mailed notice. (pjg, ) Modified on 9/4/2015 (pjg, ).
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Filing 968
MINUTE entry before the Honorable Matthew F. Kennelly: Complaint [ 570 ] having been improperly filed under the master file Case Number (14 C 1748), is hereby stricken. The improperly filed complaint has since been filed properly as a separate, new case, indicating the relationship to the MDL proceeding on the civil cover sheet under Case No. 15 C 544. The Clerk is directed to remove the image of [ 570 ] from this docket. Mailed notice. (pjg, ) Modified on 9/4/2015 (pjg, ).
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Filing 967
MINUTE entry before the Honorable Matthew F. Kennelly: MINUTE entry before the Honorable Matthew F. Kennelly: Complaint [ 567 ] having been improperly filed under the master file Case Number (14 C 1748), is hereby stricken. The improperly filed complaint has since been filed properly as a separate, new case, indicating the relationship to the MDL proceeding on the civil cover sheet under Case No. 15 C 547. The Clerk is directed to remove the image of [ 567 ] from this docket. Mailed notice. (pjg, ) Modified on 9/4/2015 (pjg, ).
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Filing 966
LETTER from CT Corporation dated 9/1/15. (pg, )
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Filing 965
MINUTE entry before the Honorable Matthew F. Kennelly: Complaint [ 228 ] having been improperly filed under the master file Case Number (14 C 1748), is hereby stricken. The improperly filed complaint has since been filed properly as a separate, new case, indicating the relationship to the MDL proceeding on the civil cover sheet under Case No. 15 C 5749. The Clerk is directed to remove the image of [ 228 ] from this docket. Mailed notice. (pjg, ) Modified on 9/4/2015 (pjg, ).
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Filing 964
MINUTE entry before the Honorable Matthew F. Kennelly: Complaint [ 931 ] having been improperly filed under the master file Case Number (14 C 1748), is hereby stricken. The improperly filed complaint has since been filed properly as a separate, new case, indicating the relationship to the MDL proceeding on the civil cover sheet under Case No. 15 C 7791. The Clerk is directed to remove the image of [ 931 ] from this docket. Mailed notice. (pjg, ) Modified on 9/4/2015 (pjg, ).
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Filing 963
LETTER from The Corporation Trust Company dated 8/18/2015. (lf, )
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Filing 962
LETTER from The Corporation Trust Company dated 8/18/2015. (lf, )
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Filing 961
LETTER from The Corporation Trust Company dated 8/18/2015. (lf, )
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Filing 960
LETTER from The Corporation Trust Company dated 8/18/2015. (lf, )
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Filing 959
LETTER from The Corporation Trust Company dated 8/18/2015. (lf, )
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Filing 958
SEALED EXHIBIT by Defendant Auxilium Pharmaceuticals, Inc. regarding declaration,, #955 (Attachments: #1 Sealed Exhibit no. 1, #2 Sealed Exhibit no. 2, #3 Sealed Exhibit no. 3, #4 Sealed Exhibit no. 4, #5 Sealed Exhibit no. 5, #6 Sealed Exhibit no. 6, #7 Sealed Exhibit no. 7, #8 Sealed Exhibit no. 8, #9 Sealed Exhibit no. 9, #10 Sealed Exhibit no. 10, #11 Sealed Exhibit no. 11, #12 Sealed Exhibit no. 12, #13 Sealed Exhibit no. 13, #14 Sealed Exhibit no. 14, #15 Sealed Exhibit no. 15, #16 Sealed Exhibit no. 16, #17 Sealed Exhibit no. 17)(Solow, Andrew)
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MEMBER CASE OPENED from Northern District of Illinois; ( 1:14-cv-01748 In Re: Testosterone Replacement Therapy Products Liability Litigation / Direct file in ILND). In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545 ) (lf, )
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Filing 957
NOTICE of Motion by Robert W. Sparkes, III for presentment of motion to withdraw as attorney #956 before Honorable Matthew F. Kennelly on 9/15/2015 at 09:30 AM. (Sparkes, Robert)
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Filing 956
MOTION by Attorney Robert W. Sparkes, III to withdraw as attorney for Actavis PLC, Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Watson Laboratories Inc., Watson Pharmaceuticals, Inc.. No party information provided (Sparkes, Robert)
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Filing 971
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #951 , #953 , #955 , #954 , #952 sent to Attorney Willard Moody, Jr. [email protected] returned as: Unknown Address Error. Mailed to attorney Willard Moody, Jr. Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at [email protected] when a Notification of Change of Address has been filed to ensure electronic notification is reset. (mr, )
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Filing 955
DECLARATION of Andrew K. Solow regarding motion to compel #896 Privilege Log Information (Attachments: #1 Exhibit 1 (Under Seal), #2 Exhibit 2 (Under Seal), #3 Exhibit 3 (Under Seal), #4 Exhibit 4 (Under Seal), #5 Exhibit 5 (Under Seal), #6 Exhibit 6 (Under Seal), #7 Exhibit 7 (Under Seal), #8 Exhibit 8 (Under Seal), #9 Exhibit 9 (Under Seal), #10 Exhibit 10 (Under Seal), #11 Exhibit 11 (Under Seal), #12 Exhibit 12 (Under Seal), #13 Exhibit 13 (Under Seal), #14 Exhibit 14 (Under Seal), #15 Exhibit 15 (Under Seal), #16 Exhibit 16 (Under Seal), #17 Exhibit 17 (Under Seal), #18 Exhibit 18)(Solow, Andrew)
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Filing 954
MEMORANDUM by Auxilium Pharmaceuticals, Inc. in Opposition to motion to compel #896 Privilege Log Information (Solow, Andrew)
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Filing 953
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11027035. (Koski, Katy)
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Filing 952
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11026973. (Drori, Jason)
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Filing 951
NOTICE by James W Matthews of Change of Address (Matthews, James)
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Filing 950
STATUS Report [Joint] REGARDING DEPOSITIONS AND PRODUCTION OF CUSTODIAL FILES by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 949
ATTORNEY Appearance for Defendants Actavis Inc., Actavis Laboratories UT, Inc., Actavis PLC, Actavis Pharma, Inc., Actavis, Inc., Anda Inc., Anda, Inc., Watson Laboratories Inc., Watson Laboratories, Inc., Watson Laboratories, Inc., Watson Pharmaceuticals, Inc. by Jonathan William Garlough (Garlough, Jonathan)
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Filing 948
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone conference regarding bellwether selection process held with plaintiffs' executive committee and lead counsel for each defendant. A further telephone conference including the same participants is set for 8/28/2015 at 11:30 a.m. The PEC is directed to set up a call-in number and provide that to the other participants and to chambers in advance of 8/28/2015. (pjg, )
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MEMBER CASE OPENED from Northern District of Illinois; (15cv7344 D'Annunzio v. Auxilium Pharmaceuticals, Inc. / Direct file in ILND). In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545). (tlm)
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Filing 947
REPLY by Defendants Besins Healthcare Inc., Besins Healthcare S.A. to Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction,, #876 (Boisvert, Christopher)
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Filing 946
TRANSCRIPT OF PROCEEDINGS held on August 18, 2015 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/9/2015. Redacted Transcript Deadline set for 9/21/2015. Release of Transcript Restriction set for 11/17/2015. (Cox, Carolyn)
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Filing 945
MINUTE entry before the Honorable Matthew F. Kennelly: Lengthy case management conference held with counsel regarding bellwether selection process. The Court has taken the matter under advisement and proposed an alternative to the parties' proposals, as more fully discussed on the record. The parties are directed to confer regarding the Court's proposal as directed on the record. A telephone conference is set for 8/24/2015 at 11:30 a.m., involving the counsel who participated in today's conference. Counsel are to set up a call-in number and are to provide it to chambers by 8/21/2015. A status report, if feasible, is to be filed by 9:00 a.m. on 8/24/2015. (pjg, )
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Filing 944
TRANSCRIPT OF PROCEEDINGS held on August 14, 2015 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/16/2015. (Cox, Carolyn)
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Filing 943
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 8/14/2015. Discussions held on all items listed on the joint agenda. A joint status report regarding depositions and production of custodial files as discussed in open court, including an attached proposal, is to be filed by 8/24/2015. Argument heard regarding plaintiffs' motion to compel production of documents pertaining to the safety of exogenous testosterone #905 . The motion is granted to the extent stated in open court, subject to the parties working out appropriate modifications to AbbVie's compromise proposal. Defendants' motion to compel #940 regarding the deposition of Pablo Hernandez on 8/20 - 8/21/2015 is granted to the extent stated in open court. A redacted version of the second amended complaint in case no. 14 C 8857, Medical Mutual of Ohio v. AbbVie Inc., et al, is to be filed on the public record by 8/28/2015. The Court will rule in due course on the joint application for re-appointment to the plaintiffs' steering committee #938 . A draft order is to be submitted to Judge Kennelly's proposed order email address. Further argument regarding the parties' proposals for the bellwether selection process and the motion of defendant AbbVie/Abbott pursuant to the Courts June 15, 2015 amended CMO to ensure the finality and integrity of the bellwether pool #932 and #933 will be heard on 8/18/2015 at 2:00 p.m. This will NOT be a broadcasted conference call. The time for the previously set case management conference on 9/17/2015 is moved to 3:30 p.m. Mailed notice. (pjg, )
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Filing 942
MINUTE entry before the Honorable Matthew F. Kennelly: The members of the Plaintiff's Executive Committee who are in town for today's case management conference and the lead attorney for each of the defendants are directed to meet with Judge Kennelly in chambers (Room 2188) at 10:45 a.m. for a brief conference in advance of the case management conference. (mk)
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Filing 941
NOTICE of Motion by Christopher Boisvert for presentment of motion to compel #940 before Honorable Matthew F. Kennelly on 8/14/2015 at 11:00 AM. (Boisvert, Christopher)
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Filing 940
MOTION by Defendants AbbVie, Inc., Abbott Laboratories to compel (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hoffman, Nathan)
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Filing 939
NOTICE of Motion by Trent B. Miracle for presentment of before Honorable Matthew F. Kennelly on 8/14/2015 at 11:00 AM. (Miracle, Trent)
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Filing 938
Joint Application for Re-Appointement to the Plaintiffs' Steering Committee by Plaintiffs' Steering Committee (Attachments: #1 Declaration)(Miracle, Trent)
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Filing 937
CONDITIONAL TRANSFER ORDER (CTO-67) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 936
Joint Agenda for August 14, 2015 Case Management Conferernce by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 935
STATUS Report [Joint] for August 14, 2015 Case Mangement Conference by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 934
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the time for the scheduling conference and motion hearing on 8/14/2015 is advanced to 11:00 AM on that date. (mk)
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Filing 933
MEMORANDUM by Plaintiff's Steering Committee In Support Of Its Proposal For Selection Of Abbvie-Only Bellwether Discovery Cases (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Miracle, Trent)
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Filing 932
Proposal for Selection of Bellwether Cases for Discovery, Motion Practice, and Trial by AbbVie, Inc., Abbott Laboratories (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 6, #6 Exhibit Exhibit 7, #7 Exhibit Exhibit 8, #8 Exhibit Exhibit 9, #9 Exhibit Exhibit 10, #10 Exhibit Exhibit 11, #11 Exhibit Exhibit 12, #12 Exhibit Exhibit 13, #13 Exhibit Exhibit 14, #14 Exhibit Exhibit 15, #15 Exhibit Exhibit 5)(Burrichter, Christopher)
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Filing 931
DOCUMENT ENTERED IN ERROR. DOCUMENT REMOVED PER COURT ORDER #964 . (pjg, ).
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Filing 930
MEMORANDUM by Plaintiffs' Steering Committee in Opposition to Motion to Dismiss for Failure to State a Claim,, motion to dismiss/lack of jurisdiction, #876 (Attachments: #1 Exhibit A, #2 Exhibit B)(Miracle, Trent)
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Filing 929
ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories Inc., Abbott Laboratories, Inc. by Friedrich-wilhelm W. Sachse (Sachse, Friedrich-wilhelm)
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Filing 928
NOTICE by Sarah N. Emery of Change of Address or Name (Emery, Sarah)
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Filing 927
MINUTE entry before the Honorable Matthew F. Kennelly: Document #843 having been incorrectly filed in this case and a new case having been opened under case no. 15-cv-5749, the Clerk is directed to remove document no. #843 from this case. Mailed notice. (pjg, )
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Filing 926
ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories, Abbott Laboratories Inc., Abbott Laboratories, Inc. by Christopher S Burrichter (Burrichter, Christopher)
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Filing 925
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Unimed Pharmaceuticals, LLC (Corporate Disclosure Statement) (Cavanaugh, William)
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Filing 924
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Solvay Pharmaceuticals, Inc. (Corporate Disclosure Statement) (Cavanaugh, William)
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MEMBER CASE OPENED from Northern District of Illinois; ( 1:14-cv-01748 In Re: Testosterone Replacement Therapy Products Liability Litigation / Direct file in ILND). In Re: In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545 ) (jl)
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Filing 923
MEMORANDUM memorandum in support of motion,, #916 by Endo Pharmaceuticals Inc. / SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT ENDO PHARMACEUTICALS INC.'S MOTION TO DISMISS THE COMPLAINT (Solow, Andrew)
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Filing 922
MEMORANDUM memorandum in support of motion,, #916 by Auxilium Pharmaceuticals, Inc. / SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AUXILIUM PHARMACEUTICALS, INC.'S MOTION TO DISMISS THE COMPLAINT (Solow, Andrew)
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Filing 921
MEMORANDUM memorandum in support of motion,, #916 by GlaxoSmithKline LLC / SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT GLAXOSMITHKLINE LLC'S MOTION TO DISMISS THE COMPLAINT (Solow, Andrew)
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Filing 920
MEMORANDUM by Actavis PLC, Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Watson Laboratories Inc., Watson Pharmaceuticals, Inc. in support of Motion to Dismiss for Failure to State a Claim,,, motion to dismiss/lack of jurisdiction,, #915 Supplemental Memorandum of the Actavis Defendants in Support of Defendants' Motion to Dismiss Plaintiff's Second Amended Class Action Complaint (Matthews, James)
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Filing 919
MEMORANDUM by Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Eli Lilly and Company, Lilly USA, Inc. in support of Motion to Dismiss for Failure to State a Claim,,, motion to dismiss/lack of jurisdiction,, #915 Supplemental Memorandum of Eli Lilly and Co., et al. in Support of Motion to Dismiss Plaintiff's Second Amended Complaint (Stanley, David)
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Filing 918
AFFIDAVIT by Defendants Solvay Pharmaceuticals, SARL, AbbVie, Inc., Abbott Laboratories, Abbott Products, Inc., Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Actavis PLC, Actavis, Inc., Anda, Inc., Auxilium Pharmaceuticals, Inc., Eli Lilly and Company, Endo Pharmaceuticals, Inc., Lilly USA, Inc., Solvay America, Inc., Solvay Pharmaceuticals, Inc., Solvay S.A., Watson Laboratories, Inc., Watson Pharmaceuticals, Inc. in Support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIMPlaintiff's Second Amended ComplaintMOTION by Defendants Solvay America, Inc., Acrux Commercial Pty Ltd., Watson Laboratories, Inc., Abbott Products, Inc., Solvay Pharmaceuticals, Inc., Actavis PLC, Acrux DDS Pty Ltd, Lilly USA, Inc., Anda Inc., Eli Lilly and Company, Abbott Laboratories, #915 DECLARATION OF WILLIAM F. CAVANAUGH, JR. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3-10, #4 Exhibit 11-20, #5 Exhibit 21-30, #6 Exhibit 31-40, #7 Exhibit 41-50, #8 Exhibit 51-60, #9 Exhibit 61-70, #10 Exhibit 71-73)(Stanley, David)
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Filing 917
MEMORANDUM Motion to Dismiss for Failure to State a Claim,,, motion to dismiss/lack of jurisdiction,, #915 by Solvay Pharmaceuticals, SARL, AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories, Unimed Pharmaceuticals, Inc (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cavanaugh, William)
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Filing 916
MEMORANDUM by Solvay Pharmaceuticals, SARL, AbbVie, Inc., Abbott Laboratories, Abbott Products, Inc., Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd, Actavis Inc., Actavis PLC, Anda, Inc., Auxilium Pharmaceuticals, Inc., Eli Lilly and Company, Endo International PLC, Lilly USA, Inc., Solvay America, Inc., Solvay Pharmaceuticals, Inc., Solvay, S.A., Watson Laboratories, Inc.(a Nevada Corporation), Watson Pharmaceuticals, Inc. in support of Motion to Dismiss for Failure to State a Claim,,, motion to dismiss/lack of jurisdiction,, #915 (Stanley, David)
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Filing 915
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIMPlaintiff's Second Amended Complaint, MOTION by Defendants Solvay America, Inc., Acrux Commercial Pty Ltd., Watson Laboratories, Inc., Abbott Products, Inc., Solvay Pharmaceuticals, Inc., Actavis PLC, Acrux DDS Pty Ltd, Lilly USA, Inc., Anda Inc., Eli Lilly and Company, Abbott Laboratories, Actavis, Inc., AbbVie, Inc., Endo Pharmaceuticals, Inc., Solvay Pharmaceuticals, SARL, Auxilium Pharmaceuticals, Inc., Watson Pharmaceuticals, Inc., Solvay S.A. to dismiss for lack of jurisdiction (Stanley, David)
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Filing 914
REPLY by Defendants AbbVie, Inc., Abbott Laboratories to motion for miscellaneous relief, #871 in Support of Motion of Defendants AbbVie Inc. and Abbott Laboratories Pursuant to the Court's June 15, 2015 Amended CMO 14 to Assure the Finality and Integrity of the Bellwether Pool (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Boisvert, Christopher)
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Filing 913
ATTORNEY Appearance for Defendants Solvay Pharmaceuticals, Inc., Unimed Pharmaceuticals, LLC by Scott C Caplan (Attachments: #1 Certificate of Service)(Caplan, Scott)
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Filing 912
ATTORNEY Appearance for Defendants Solvay Pharmaceuticals, Inc., Unimed Pharmaceuticals, LLC by Jonah Moses Knobler (Attachments: #1 Certificate of Service)(Knobler, Jonah)
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Filing 911
ATTORNEY Appearance for Defendants Solvay Pharmaceuticals, Inc., Unimed Pharmaceuticals, LLC by William F Cavanaugh, Jr (Attachments: #1 Certificate of Service)(Cavanaugh, William)
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SUMMONS Issued as to Defendant Actavis PLC [for master long form complaint] (jp, )
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Filing 910
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw #908 is granted. Attorney Rebecca R. Hanson terminated. The motion hearing set for 7/30/2015 is vacated. Mailed notice. (pjg, )
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Filing 909
NOTICE of Motion by Rebecca R. Hanson for presentment of motion to withdraw #908 before Honorable Matthew F. Kennelly on 7/30/2015 at 09:30 AM. (Hanson, Rebecca)
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Filing 908
MOTION by Defendants Besins Healthcare Inc., Besins Healthcare S.A. to withdraw Rebecca R. Hanson (Attachments: #1 Exhibit)(Hanson, Rebecca)
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Filing 907
MEMORANDUM by Plaintiffs' Steering Committee in Opposition to motion for miscellaneous relief, #871 (Miracle, Trent)
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Filing 906
STATUS Report (Joint) Status of Abbvie Only Bellwether Eligible Defense Fact Sheet by Plaintiffs' Steering Committee (Miracle, Trent)
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Filing 905
REPLY by Plaintiffs' Steering Committee to response in opposition to motion, #892 , MOTION by Plaintiff Plaintiffs' Executive Committee to compel Production of Documents Pertaining to the Safety of Exogenous Testosterone #851 (Miracle, Trent)
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Filing 904
Master Answer Of Defendants Acrux Commercial Pty Ltd And Acrux DDS Pty Ltd To Plaintiffs Master Long-Form Complaint; And Demand For Jury Trial regarding #805 by Acrux Commercial Pty Ltd., Acrux DDS Pty Ltd (Kwuon, Janet)
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Filing 903
STATUS Report [Joint] Status of AbbVie Inc. Depositions by Plaintiff's Steering Committee (Miracle, Trent)
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Filing 901
TRANSCRIPT OF PROCEEDINGS held on July 20, 2015 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/11/2015. Redacted Transcript Deadline set for 8/21/2015. Release of Transcript Restriction set for 10/19/2015. (Cox, Carolyn)
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Filing 900
[CORRECTED] NOTICE of Motion by Trent B. Miracle for presentment of motion to compel #896 before Honorable Matthew F. Kennelly on 9/17/2015 at 01:30 PM. (Miracle, Trent)
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Filing 899
FIRST NOTICE OF EMAIL NOTIFICATION FAILURE for document sent to counsel Adam Crowell, returned as Spam. The Clerk telephoned and advised counsel to contact their email administrator or check personal settings in their email account for spam filtering of us.courts.gov domain. Counsel was further advised to contact the Clerk's Office when this matter has been corrected. Letter mailed to Adam E Crowell with documents #889 , #888 . (kmc, )
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Filing 898
NOTICE of Motion by Trent B. Miracle for presentment of motion to compel #896 before Honorable Matthew F. Kennelly on 8/14/2015 at 11:30 AM. (Miracle, Trent)
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Filing 897
MEMORANDUM by Plaintiff's Steering Committee in support of motion to compel #896 Privilege Log Information (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Miracle, Trent)
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Filing 896
MOTION by Plaintiff Plaintiff's Steering Committee to compel Auxilium's Privilege Log Information (Miracle, Trent)
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Filing 902
MINUTE entry before the Honorable Matthew F. Kennelly: Mini case management conference held on 7/20/2015. All items on the agenda addressed. Oral rulings made as set forth in the transcript of the hearing. Mailed notice. (pjg, )
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Filing 895
OBJECTIONS by AbbVie, Inc., Abbott Laboratories to status report #894 Objection to Plaintiffs' Portion of the Joint Status Report (Attachments: #1 Exhibit A: Fact Sheet Regarding Production of Documents)(Boisvert, Christopher)
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Filing 894
STATUS Report (Joint) for July 20, 2015 Case Management Conference by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 893
Joint Agenda by Plaintiffs' Executive Committee for July 20, 2015 Case Management Conference (Miracle, Trent)
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Filing 892
RESPONSE by AbbVie, Inc., Abbott Laboratories, Unimed Pharmaceuticals, LLCin Opposition to MOTION by Plaintiff Plaintiffs' Executive Committee to compel Production of Documents Pertaining to the Safety of Exogenous Testosterone #851 (Boisvert, Christopher)
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Filing 891
MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the parties' stipulation, the schedule for briefing plaintiffs' motion challenging certain defense privilege claims is modified as follows: (i) plaintiffs brief is due 7/21/2015; (ii) defendants' response is due 8/28/2015; and (iii) plaintiffs' reply is due 9/10/2015. The page limitations shall be twenty-five (25) pages for each side in total briefing. (mk)
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Filing 890
STIPULATION (Joint) to Amend Briefing Schedule Related to Privilege Claims (Miracle, Trent)
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Filing 889
(Corrected) CASE MANAGEMENT ORDER NO. 23 (Discovery for Acrux Defendants, signed by the Honorable Matthew F. Kennelly on 7/15/2015. This order simply corrects the CMO number that the order bears. The correct number is 23. (mk)
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Filing 888
ENTERED IN ERROR - DOCUMENT REMOVED. (pjg, ).
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Filing 884
CASE MANAGEMENT ORDER NO. 23 (Discovery for Acrux Defendants), signed by the Honorable Matthew F. Kennelly on 7/14/2015. (mk)
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Filing 883
MINUTE entry #877 is corrected to reflect that ruling on AbbVie discovery disputes is set for 7/20/2015 at 12:00 p.m. (Prior minute entry incorrectly stated the 7/20/2015 ruling was set regarding ANDA motions to dismiss.) (pjg, )
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Filing 887
LETTER from The Corporation Trust Company dated 07/02/2015. (as, )
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Filing 886
LETTER from The Corporation Trust Company dated 07/02/2015. (as, )
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Filing 885
LETTER from The Corporation Trust Company dated 07/07/2015. (as, )
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Filing 879
MINUTE entry before the Honorable Matthew F. Kennelly: The hearing date of 7/14/2015 on AbbVie's motion pursuant to Amended CMO 14 (etc.) is vacated; the Court has already set a briefing schedule on the motion. (mk)
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Filing 878
TRANSCRIPT OF PROCEEDINGS held on July 9, 2015 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/31/2015. Redacted Transcript Deadline set for 8/10/2015. Release of Transcript Restriction set for 10/8/2015. (Cox, Carolyn)
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Filing 877
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 7/9/2015. All items on the agenda addressed. Response to plaintiff's motion to compel production of documents pertaining to the safety of exogenous testosterone is to be filed by 7/17/2015; reply is to be filed by 7/24/2015. Response to AbbVie's motion relating to bellwether selection process is to be filed by 7/23/2015; reply is to be filed by 7/30/2015. Regarding the matters listed under the heading "Report on other AbbVie discovery responses," AbbVie is to provide firm deadlines for its responses as discussed in open court, and any issues or disputes are to be addressed in the status report filed in advance of the next case management conference. PSC's motion challenging certain defense privilege claims, if any, is to be filed by 7/17/2015; response is due by 8/23/2015; reply is due by 9/6/2015. At the Court's instance, attorney Peter Flowers is appointed to the plaintiff's steering committee and is to serve as chief liaison counsel relating to Illinois state court matters; Mr. Flowers is requested and directed to be present at each future case management conference unless excused by the Court. Ruling on ANDA motions to dismiss is set for 7/20/2015 at 12:00 p.m. A joint status report is due by 7/17/2015. Motion to vacate dismissal order #12 in Witter v. AbbVie (14 C 3623) is granted. That case is to be reinstated. Mailed notice. (pjg, )
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Filing 876
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION by Defendants Besins Healthcare S.A., Besins Healthcare Inc. to dismiss for lack of jurisdiction and failure to state a claim upon which relief can be granted (Attachments: #1 Memorandum of Law)(Boisvert, Christopher)
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Filing 882
LETTER from The Corporation Trust Company dated 06/29/2015. (as, )
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Filing 881
LETTER from The Corporation Trust Company dated 07/02/2015. (as, )
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Filing 880
LETTER from The Corporation Trust Company dated 07/02/2015. (as, )
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Filing 875
SUR-REPLY by Defendants AbbVie, Inc., Abbott Laboratories to memorandum #818 In Opposition to the PSC's Memorandum in Support of Entry of a Defense Fact Sheet and Protocol for Same (Attachments: #1 Exhibit A)(Boisvert, Christopher)
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MEMBER CASE OPENED from Northern District of Illinois; (15cv6042 Small et al v. Auxilium Pharmaceuticals Inc. / Direct file in ILND). In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545). (tlm)
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Filing 873
LETTER from Corporation Trust Company dated 6/16/15. (pg, )
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Filing 872
NOTICE of Motion by Christopher Boisvert for presentment of motion for miscellaneous relief, #871 before Honorable Matthew F. Kennelly on 7/14/2015 at 09:30 AM. (Boisvert, Christopher)
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Filing 874
LETTER from The Corporation Trust Company dated 06/29/2015. (sr, )
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Filing 871
MOTION by Defendants AbbVie, Inc., Abbott Laboratories Pursuant to the Court's June 15, 2015 Amended CMO 14 to Assure the Finality and Integrity of the Bellwether Pool (Attachments: #1 Exhibit A, #2 Exhibit B)(Boisvert, Christopher)
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Filing 870
RESPONSE by Plaintiff Plaintiff's Steering Committee to Response #869 of Submission of AbbVie, Inc. and Abbott Laboratories Regarding Production of Custodial Files (Attachments: #1 Exhibit A)(Miracle, Trent)
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Filing 869
RESPONSE by Defendants AbbVie, Inc., Abbott Laboratories to other #859 Plaintiffs' Submission Regarding Production of Custodial Files (Attachments: #1 Exhibit A)(Boisvert, Christopher)
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Filing 868
Joint Status Report for July 9, 2015 Case Management Conference by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 867
Joint Agenda for July 9, 2015 Case Management Conference by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 866
MOTION by Plaintiff Kelly Marshall to withdraw David Andrew List as Counsel (Attachments: #1 Order)(Spizer, Gregory)
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Filing 865
MINUTE entry before the Honorable Matthew F. Kennelly: The joint motion of plaintiffs and AbbVie to present simultaneous submissions regarding issues related to production of custodial files and deposition coordination protocol is granted #847 . Simultaneous submissions are to be filed by 6/29/2015, and simultaneous responses are to be filed by 7/6/2015. The matter will be addressed to the extent deemed necessary by the Court at the 7/9/2015 case management conference. The Court advises counsel that the conference will start promptly at 11:00 a.m. on 7/9/2015 but will not proceed past 12:00 p.m. on that date. If matters remain to be addressed at that point, they will be addressed the next morning, 7/10/2015, from 9:00 to 10:00 a.m. (mk)
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Filing 864
MINUTE entry before the Honorable Matthew F. Kennelly: The unopposed motion of plaintiffs Roy H. Smyer III and Sabrina M. Smyer to substitute parties and amend their complaint #803 is granted. (mk)
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Filing 863
REPLY by Plaintiff Plaintiff's Steering Committee to memorandum #818 Reply Memorandum in further support of Plaintiffs' Steering Committee's Motion for Entry of a Defense Fact Sheet Protocol (Attachments: #1 Exhibit A)(Miracle, Trent)
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Filing 862
CONDITIONAL TRANSFER ORDER (CTO-66) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (meg, )
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Filing 861
MINUTE entry before the Honorable Matthew F. Kennelly: Motions to withdraw appearances are granted [700, 748, 749, 814, 816, 822, 824, 827, 833, 838, 841]. (mk)
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Filing 860
MEMORANDUM motion for discovery #847 by AbbVie, Inc., Abbott Laboratories Submission of AbbVie Inc. and Abbott Laboratories Regarding Production of Custodial Files and Deposition Coordination (Boisvert, Christopher)
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Filing 859
Submission by Plaintiff's Steering Committee Regarding Production of Custodial Files (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Miracle, Trent)
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Filing 858
REPLY by Defendants Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Auxilium Pharmaceuticals, Inc., Pfizer Inc., Pharmacia & Upjohn Company LLC, Watson Laboratories, Inc. to motion to dismiss, #770 Reply Memorandum of Law in Support of Motion to Dismiss and for Judgment on the Pleadings (Holian, Matthew)
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Filing 857
Supplemental Request for Judicial Notice in Support of Motion to Dismiss by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Auxilium Pharmaceuticals, Inc., Pfizer Inc., Pharmacia & Upjohn Company LLC, Watson Laboratories, Inc.(a Nevada Corporation) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Holian, Matthew)
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Filing 856
AMENDED NOTICE of Motion by Matthew Aaron Holian for presentment of motion to dismiss, #770 before Honorable Matthew F. Kennelly on 7/9/2015 at 11:00 AM. (Holian, Matthew)
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Filing 855
MAIL RETURNED, for document #810 sent to William F. Causey returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address. (ph, )
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Filing 854
MEMORANDUM memorandum #818 by AbbVie, Inc., Abbott Laboratories Inc. in Opposition to PSC Request for Entry of a Defense Fact Sheet (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Boisvert, Christopher)
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Filing 853
NOTICE of Motion by Trent B. Miracle for presentment of motion to compel #851 before Honorable Matthew F. Kennelly on 7/9/2015 at 11:00 AM. (Miracle, Trent)
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Filing 852
MEMORANDUM by Plaintiffs' Executive Committee in support of motion to compel #851 (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit B, #4 Exhibit C)(Miracle, Trent)
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Filing 851
MOTION by Plaintiff Plaintiffs' Executive Committee to compel Production of Documents Pertaining to the Safety of Exogenous Testosterone (Miracle, Trent)
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Filing 849
LETTER from Corporation Trust Company dated 6/11/15. (pg, )
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Filing 848
NOTICE of Motion by Trent B. Miracle for presentment of motion for discovery #847 before Honorable Matthew F. Kennelly on 7/9/2015 at 11:00 AM. (Miracle, Trent)
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Filing 847
JOINT MOTION to Present Simultaneous Submissions Regarding Issues Related to Production of Custodial Files and Deposition Coordination Protocol (Miracle, Trent) Docket Text Modified by Clerk's Office on 6/26/2015 (as, ).
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Filing 846
LETTER from Corporation Trust Company dated 6/11/15. (pg, )
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Filing 850
MAIL RETURNED, for document #810 sent to Stanley M Jerman returned as undeliverable, return to sender. Attorney contacted and directed to file a Notification of Change of Address with the Clerk's Office. Re-mailed to Bayham Jerman PLC, 1440 E Missouri Ave., Ste. C211, Pheonix, AZ 85012-1913. (ph, )
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Filing 843
DOCUMENT ENTERED IN ERROR. DOCUMENT REMOVED PER COURT ORDER OF 8/7/2015. Modified on 8/7/2015 (pjg, ).
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Filing 845
LETTER from The Corporation Trust Company dated 6/18/2015. (jc, )
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Filing 842
NOTICE of Motion by Todd E. Hilton for presentment of motion to withdraw as attorney #841 before Honorable Matthew F. Kennelly on 7/2/2015 at 09:30 AM. (Hilton, Todd)
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Filing 841
MOTION by Attorney Gail Vaughn Ashworth to withdraw as attorney for Alice Smith. No party information provided (Hilton, Todd)
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Filing 844
LETTER from The Corporation Trust Company dated 6/11/2015. (lf, )
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Filing 840
LETTER from The Corporation Trust Company dated 06/11/2015 (Exhibits). (aee, )
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Filing 839
NOTICE of Motion by Todd E. Hilton for presentment of motion to withdraw as attorney #838 before Honorable Matthew F. Kennelly on 7/2/2015 at 09:30 AM. (Hilton, Todd)
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Filing 838
MOTION by Attorney Marvin B. Berke to withdraw as attorney for Paul Roger Carnahan. No party information provided (Hilton, Todd)
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Filing 837
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to withdraw as counsel #835 is granted. Attorney Rebecca R. Hanson is granted leave to withdraw her appearance and the 6/25/2015 motion hearing date is vacated. Counsel is directed to file an amended motion to remove said attorney from all service lists as counsel for Besins Healthcare Inc. and Besins Healthcare S.A. to include a list of all the individual case numbers. The Court will then direct the Clerk to remove said attorney from the service lists of all the listed individual cases. Mailed notice. (pjg, )
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MEMBER CASE OPENED from Northern District of Illinois; ( 15-cv-05402 James v. AbbVie Inc. et al / Direct file in ILND). In Re: 14-cv-01748 In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545 ). (jh, )
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Filing 836
NOTICE of Motion by Rebecca R. Hanson for presentment of motion to withdraw as attorney #835 before Honorable Matthew F. Kennelly on 6/25/2015 at 09:30 AM. (Hanson, Rebecca)
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Filing 835
MOTION by Attorney Rebecca R. Hanson to withdraw as attorney for Besins Healthcare Inc., Besins Healthcare S.A.. No party information provided (Hanson, Rebecca)
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Filing 834
NOTICE of Motion by Todd E. Hilton for presentment of motion to withdraw as attorney #833 before Honorable Matthew F. Kennelly on 7/2/2015 at 09:30 AM. (Hilton, Todd)
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Filing 833
MOTION by Attorney Marvin B. Berke to withdraw as attorney for Wesley Fowler. No party information provided (Hilton, Todd)
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Filing 832
MINUTE entry before the Honorable Matthew F. Kennelly: Responses to Memorandum by plaintiff's steering committee in support of a defense fact sheet and protocol for same #818 due by 6/26/2015; Replies due by 7/1/2015. Motion Hearing set for 7/9/2015 at 11:00 a.m. Mailed notice. (pjg, )
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Filing 829
NOTICE by Rachel Beth Abrams of Change of Address (Abrams, Rachel)
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Filing 828
NOTICE of Motion by Todd E. Hilton for presentment of motion to withdraw as attorney #827 before Honorable Matthew F. Kennelly on 7/2/2015 at 09:30 AM. (Hilton, Todd)
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Filing 827
MOTION by Attorney Laura Tanner to withdraw as attorney for Wade Pierce. No party information provided (Hilton, Todd)
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Filing 826
Presentment of PSC's Memorandum in Support of Entry of Defense Fact Sheet and Protocol for Same #818 NOTICE of Motion by Trent B. Miracle for presentment of before Honorable Matthew F. Kennelly on 7/9/2015 at 11:00 AM. (Miracle, Trent)
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Filing 825
NOTICE of Motion by Todd E. Hilton for presentment of motion to withdraw as attorney #824 before Honorable Matthew F. Kennelly on 7/2/2015 at 09:30 AM. (Hilton, Todd)
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Filing 824
MOTION by Attorney Cristina Rousseau to withdraw as attorney for Darrell Cove. No party information provided (Hilton, Todd)
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Filing 823
NOTICE of Motion by Alexandra Leigh Nickow for presentment of motion to withdraw as attorney, #822 before Honorable Matthew F. Kennelly on 7/2/2015 at 09:30 AM. (Nickow, Alexandra)
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Filing 822
MOTION by counsel for Plaintiffs Charles Duncan, John Emmons, Harold Johnson, Phillip Keister, David Lyon, Loran Parker, Richard Roberts, Jeffrey Schuur, Jack Simpson, Samuel Tolbert, Jr, In Re In Re: Testosterone Replacement Therapy Products Liability Litigation to withdraw as attorney (Nickow, Alexandra)
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Filing 821
Notice of Presentment of PSC's Memorandum in Support of Entry of Defense Fact Sheet and Protocol for Same on July 9, 2015 at 11:00am by Plaintiff's Steering Committee (Miracle, Trent)
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Filing 831
MAIL RETURNED, for document #801 , #800 sent to William F. Causey returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address. (ph, )
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Filing 830
MAIL RETURNED, for document #801 , #800 sent to Stanley M Jerman returned as undeliverable, return to sender. Attorney contacted and directed to file a Notification of Change of Address with the Clerk's Office. Re-mailed to Bayham Jerman PLC, 1440 E Missouri Ave., Ste. C211, Pheonix, AZ 85012-1913. (ph, )
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Filing 820
MEMORANDUM by Plaintiffs' Executive Committee in Opposition to motion to dismiss, #770 Plaintiffs Memorandum Of Law In Opposition To Motion Of Actavis, Inc., Actavis Pharma, Inc., Actavis Laboratories UT, Inc., Watson Laboratories, Inc., Anda, Inc., Auxilium Pharmaceuticals, Inc., Pfizer Inc., And Pharmacia & Upjohn Company LLC To Dismiss And For Judgment On The Pleadings Pursuant To Federal Rules Of Civil Procedure 12(B)(6) And 12(C) (Attachments: #1 Exhibit A)(Miracle, Trent)
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Filing 819
Plaintiffs Request For Judicial Notice In Support Of Plaintiffs Memorandum Of Law In Opposition To Motion Of Actavis, Inc., Actavis Pharma, Inc., Actavis Laboratories UT, Inc., Watson Laboratories, Inc., Anda, Inc., Auxilium Pharmaceuticals, Inc., Pfizer Inc., And Pharmacia & Upjohn Company LLC To Dismiss And For Judgment On The Pleadings Pursuant To Federal Rules Of Civil Procedure 12(B)(6) And 12(C) by Plaintiffs' Executive Committee (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Miracle, Trent)
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Filing 818
MEMORANDUM by Plaintiff's Steering Committee In Support of Entry of a Defense Fact Sheet and Protocol for Same (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Miracle, Trent)
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Filing 817
NOTICE of Motion by Todd E. Hilton for presentment of motion to withdraw as attorney #816 before Honorable Matthew F. Kennelly on 7/2/2015 at 09:30 AM. (Hilton, Todd)
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Filing 816
MOTION by counsel for Plaintiff Robert L Humble to withdraw as attorney Jeremy Matthew Cothern (Hilton, Todd)
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Filing 815
NOTICE of Motion by Todd E. Hilton for presentment of motion to withdraw as attorney #814 before Honorable Matthew F. Kennelly on 7/2/2015 at 09:30 AM. (Hilton, Todd)
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Filing 814
MOTION by counsel for Plaintiff Marvin R O'Mary to withdraw as attorney Mike L. Roberts (Hilton, Todd)
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Filing 813
ATTORNEY Appearance for Defendant Auxilium Pharmaceuticals, Inc. by Andrew Keith Solow (Solow, Andrew)
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Filing 812
LETTER from The Corporation Trust Company of Nevada dated 06/05/2015. (as, )
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Filing 810
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw #806 is granted. The Clerk is directed to remove attorneys James D. Pagliaro, J. Gordon Cooney, Jr., Thomas J. Sullivan, Craig Stanfield, Tinos Diamantatos, Ezra D. Church and David C. Behar of the law firm Morgan, Lewis & Bockius LLP from the service lists of all the listed individual cases and this lead case. Mailed notice. (pjg, )
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Filing 809
CONDITIONAL TRANSFER ORDER (CTO-65) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 811
LETTERS from The Corporation Trust Company dated 6/02/2015. (kp, )
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Filing 807
NOTICE of Motion by Tinos Diamantatos for presentment of motion to withdraw #806 before Honorable Matthew F. Kennelly on 6/25/2015 at 09:30 AM. (Diamantatos, Tinos)
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Filing 806
MOTION by Defendants Auxilium Pharmaceuticals Inc., Auxilium Pharmaceuticals, Inc. to withdraw as Counsel (Amended) (Diamantatos, Tinos)
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Filing 805
Second Amended Master Long-Form Complaint by Plaintiffs' Executive Committee (Attachments: #1 Exhibit A - Master Short Form Complaint for Individual Claims)(Miracle, Trent)
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Filing 808
LETTERS from The Corporation Trust Company dated 5/11/2015 & 5/13/2015. (kp, )
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Filing 804
NOTICE of Motion by Edward B. Mulligan, V for presentment of motion to substitute party #803 before Honorable Matthew F. Kennelly on 7/9/2015 at 11:00 AM. (Mulligan, Edward)
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Filing 803
MOTION by Plaintiffs Roy H. Smyer, Sabrina M. Smyer to substitute party and amend complaint (Attachments: #1 Exhibit Amended Short Form Complaint)(Mulligan, Edward)
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Filing 802
SUGGESTION of Death as to Plaintiffs Roy H. Smyer III and Sabrina M. Smyer (Mulligan, Edward)
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Filing 801
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 6/2/2015. All points on the agenda addressed. Responses to ANDA motions to dismiss are due by 6/15/2015; replies are due by 6/30/2015. A second amended master long form complaint is to be filed by 6/12/2015. Any motions to dismiss by Besins defendants are to be filed by 7/10/2015; responses are due by 8/7/2015; replies are due by 8/21/2015. Defendants filing short form answers in individual cases are relieved from the obligation to serve co-defendants by mail. A single submission of both sides' positions regarding adverse event database production issues referred to in the 5/28/2015 status report is to be filed by 6/12/2015 if the parties' disputes are not resolved by 6/9/2015. Plaintiffs have leave to file a second amended complaint in Medical Mutual of Ohio v. AbbVie Inc. et al, Case No. 14 C 8857. Any motions to dismiss in the Medical Mutual of Ohio v. AbbVie Inc., et al. case are to be filed by 7/31/2015; responses are due by 9/15/2015; replies are due by 10/14/2015. The 7/21/2015 case management conference is vacated and reset for 7/9/2015 at 11:00 a.m. Future case management conferences are set for 8/14/2015 at 11:30 a.m.; 9/17/2015 at 1:30 p.m.; 10/15/2015 at 1:30 p.m.; and 11/12/2015 at 1:30 p.m. Mailed notice. (pjg, )
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Filing 800
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to withdraw as counsel #779 is granted. Attorneys Pagliaro, Cooney, Sullivan, Diamantatos, Church and Behar are granted leave to withdraw their appearance. Counsel are directed to file an amended motion to remove said attorneys from all service lists as counsel for Auxillium to include a list of all the individual case numbers. The Court will then direct the Clerk to remove said attorneys from the service lists of all the listed individual cases.Mailed notice. (pjg, )
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Filing 798
NOTICE of Voluntary Dismissal by Helen McDonald, John E. McDonald, Jr (Citrin, Andrew)
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Filing 797
CONDITIONAL TRANSFER ORDER (CTO-64) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 796
NOTICE of Voluntary Dismissal by Turner C. Brown, Jr. (Alvarez, Mekel)
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Filing 799
MOTION by counsel for Defendants AbbVie, Inc., Abbott Laboratories to withdraw as attorney. (as, )
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Filing 795
CASE MANAGEMENT ORDER NO. 22 (Amendments to Master Pleadings and Waiver of Service of Process for Certain Acrux Defendants), signed by the Honorable Matthew F. Kennelly on 5/29/2015. (mk)
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Filing 794
SECOND AMENDED CASE MANAGEMENT ORDER NO. 18 (Service of Process) signed by the Honorable Matthew F. Kennelly on 5/29/2015. (mk)
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Filing 793
AMENDED CASE MANAGEMENT ORDER NO. 14 - CASE MANAGEMENT PLAN Part 2(AbbVie bellwether cases selection and pretrial / trial schedule) signed by the Honorable Matthew F. Kennelly on 5/29/2015. (mk)
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Filing 792
TRANSCRIPT OF PROCEEDINGS held on 1/13/15 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785,[email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/19/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/27/2015. (Brennan, Laura)
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Filing 791
TRANSCRIPT OF PROCEEDINGS held on 5/7/15 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785,[email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/19/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/27/2015. (Brennan, Laura)
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Filing 790
TRANSCRIPT OF PROCEEDINGS held on 5/6/15 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785,[email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/19/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/27/2015. (Brennan, Laura)
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Filing 789
TRANSCRIPT OF PROCEEDINGS held on 4/21/15 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785,[email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/19/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/27/2015. (Brennan, Laura)
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Filing 788
Joint Agenda for June 2, 2015 Case Mangement Conference by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 787
Joint Status Report for June 2, 2015 Case Management Conference by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 786
RESPONSE by Jake Johnson to MOTION by Defendants Auxilium Pharmaceuticals, Inc., Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Pfizer Inc., Pharmacia & Upjohn Company LLC, Watson Laboratories, Inc., a Nevada corporation, Auxilium Pharmaceuticals, #770 (Abrams, Rachel)
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Filing 785
STIPULATION As to Plaintiff's Response to Defendants' Motions to Dismiss (Whiteley, Conlee)
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Filing 784
ATTORNEY Appearance for Defendants Besins Healthcare Inc., Besins Healthcare S.A. by Jason P. Britt (Britt, Jason)
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Filing 783
TRANSCRIPT OF PROCEEDINGS held on 3/20/15 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785,[email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/18/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/26/2015. (Brennan, Laura)
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Filing 782
TRANSCRIPT OF PROCEEDINGS held on 2/20/15 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785,[email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/18/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/26/2015. (Brennan, Laura)
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Filing 781
Leave to Withdraw as Counsel NOTICE of Motion by Tinos Diamantatos for presentment of motion to withdraw #779 before Honorable Matthew F. Kennelly on 6/2/2015 at 01:30 PM. (Diamantatos, Tinos)
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Filing 780
Leave to Withdraw as Counsel NOTICE of Motion by Tinos Diamantatos for presentment of (Diamantatos, Tinos)
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Filing 779
MOTION by Defendants Auxilium Pharmaceuticals Inc., Auxilium Pharmaceuticals, Inc. to withdraw as Counsel (Diamantatos, Tinos)
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Filing 778
WAIVER OF SERVICE returned executed by Rory K O'Reiley. (McEwen, Greg)
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Filing 777
First Amended Master Long Form Complaint by Plaintiffs' Executive Committee (Attachments: #1 Exhibit A - Master Short Form Complaint)(Miracle, Trent)
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Filing 776
AUXILIUM'S AMENDED ANSWER TO THE MASTER LONG-FORM COMPLAINT, DEFENSES AND JURY DEMAND [705, 751] by Auxilium Pharmaceuticals, Inc. (Meyers, Daniel)
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Filing 775
MINUTE entry before the Honorable Matthew F. Kennelly: Due to the May case managemenet conference being moved to June 2, 2015, the case management conference set for 6/26/2015 is vacated. The 6/2/2015 and 7/21/2015 case management conferences shall remain as scheduled. Mailed notice. (pjg, )
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Filing 774
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, due to Judge Kennelly's unexpected unavailability on 5/19/2015, the case management conference set for that date is vacated and reset to 6/2/2015 at 1:30 PM. The Court apologizes for the disruption that this date change will cause. (mk)
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MEMBER CASE OPENED from Northern District of Illinois; ( 15-cv-04329 Lynch v. AbbVie Inc. et al / Direct file in ILND). In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545 ) (mmy, )
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Filing 773
NOTICE of Motion by Joseph P Thomas for presentment of motion to dismiss,, #770 before Honorable Matthew F. Kennelly on 7/21/2015 at 11:00 AM. (Thomas, Joseph)
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Filing 772
Request for Judicial Notice by Auxilium Pharmaceuticals, Inc., Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Pfizer Inc., Pharmacia & Upjohn Company LLC, Watson Laboratories, Inc., a Nevada corporation in Support of Their Motion to Dismiss and for Judgment on the Pleadings (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Thomas, Joseph)
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Filing 771
MEMORANDUM by Auxilium Pharmaceuticals, Inc., Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Pfizer Inc., Pharmacia & Upjohn Company LLC, Watson Laboratories, Inc., a Nevada corporation in support of motion to dismiss,, #770 and for Judgment on the Pleadings (Thomas, Joseph)
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Filing 770
MOTION by Defendants Auxilium Pharmaceuticals, Inc., Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Pfizer Inc., Pharmacia & Upjohn Company LLC, Watson Laboratories, Inc., a Nevada corporation to dismiss and for Judgment on the Pleadings (Attachments: #1 Exhibit A - List of Cases)(Thomas, Joseph) (Docket Text Modified by the Clerk's Office on 5/15/2015) (rm, ).
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MEMBER CASE OPENED from Northern District of Illinois; ( 15cv4245 Bell et al v. AbbVie Inc et al / Direct file in ILND). In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545 ) (mmy, )
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MEMBER CASE OPENED from Northern District of Illinois; ( 15cv4259 Sheehan v. AbbVie Inc et al / Direct file in ILND). In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545 ) (mmy, )
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MEMBER CASE OPENED from Northern District of Illinois; ( 15cv4253 / Direct file in ILND). In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545). (tlm)
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Filing 769
Joint Agenda for May 19, 2015 Case Management Conference by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 768
Joint Status Report for May 19, 2015 Case Management Conference by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 767
REPLY by Defendants AbbVie, Inc., Abbott Laboratories to other #758 Reply in Support of Submission in Advance of May 6, 2015 Case Management Conference (Boisvert, Christopher)
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Filing 766
MEMORANDUM status hearing,, set deadlines,, set motion and R&R deadlines/hearings, #760 , other #758 by Plaintiff's Steering Committee in Opposition to the May 4, 2015 Submission of AbbVie, Inc. and Abbott Laboratories (Miracle, Trent)
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Filing 765
MINUTE entry before the Honorable Matthew F. Kennelly: The Court sets the June and July case management conferences in this case for 6/26/2015 at 11:00 AM and 7/21/2015 at 11:00 AM based on the Court's trial schedule and availability. (mk)
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Filing 764
ATTORNEY Appearance for Defendants Besins Healthcare Inc., Besins Healthcare S.A. by Jeffrey Andrew Soble (Soble, Jeffrey)
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Filing 763
ATTORNEY Appearance for Defendants Besins Healthcare Inc., Besins Healthcare S.A. by Rebecca R. Hanson (Hanson, Rebecca)
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Filing 762
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 5/7/2015. Motion to dismiss/lack of jurisdiction #753 is taken under advisement. Response to motion to dismiss/lack of jurisdiction #753 due by 6/4/2015; Replies due by 6/18/2015. Mailed notice. (pjg, )
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Filing 761
Duplicate entry of Document no. 760. (pjg, ) (Modified by Clerk's Office on 5/7/2015) (sxw).
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Filing 760
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 5/6/2015. Discussion held on proposal to modify schedule for the completion of plaintiffs fact sheets and attached materials. Plaintiffs' response to AbbVie's submission #758 to be filed by 5/11/2015; AbbVie's reply is to be filed by 5/13/2015. The Court shall make a ruling by 5/15/2015. Mailed notice. (pjg, )
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MEMBER CASE OPENED from Northern District of Illinois; ( 1:15-cv-03912 Oliver et al v. AbbVie Inc. et al / Direct file in ILND). In Re: 14-1748 In RE: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545 ) (ks, )
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Filing 759
MINUTE entry before the Honorable Matthew F. Kennelly: The Court advises that counsel who are unable to attend the 5/6/2015 mini case management conference but wish to listen may do so via telephone. Counsel may listen to the hearing by calling (888) 684-8852; participant code: 7461053 (followed by the # sign). No person listening in by telephone will be permitted to speak; the call-in option is for listening only. An in-person appearance will be required for any attorney or other person who wishes to be heard. Mailed notice. (pjg, )
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Filing 758
Submission of AbbVie Inc. and Abbott Laboratories in Advance of May 6, 2015 Case Management Conference by AbbVie, Inc., Abbott Laboratories (Attachments: #1 Exhibit A)(Boisvert, Christopher)
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Filing 757
GLAXOSMITHKLINE'S ANSWER TO THE MASTER LONG-FORM COMPLAINT, DEFENSES AND JURY DEMAND #705 by GlaxoSmithKline LLC (Solow, Andrew)
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Filing 756
ENDO'S ANSWER TO THE MASTER LONG-FORM COMPLAINT, DEFENSES AND JURY DEMAND #705 by Endo Pharmaceuticals Inc. (Solow, Andrew)
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Filing 755
Master Answer of Defendants AbbVie Inc., Abbott Laboratories, AbbVie Products LLC and Unimed Pharmaceuticals LLC to Plaintiffs' Master Long-Form Complaint and Jury Demand by AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories, Unimed Pharmaceuticals, LLC (Boisvert, Christopher)
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Filing 754
NOTICE of Motion by Christopher Boisvert for presentment of motion to dismiss/lack of jurisdiction #753 before Honorable Matthew F. Kennelly on 5/7/2015 at 09:30 AM. (Boisvert, Christopher)
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Filing 753
MOTION by Defendants Besins Healthcare S.A., Besins Healthcare Inc. to dismiss for lack of jurisdiction and failure to state a claim (Attachments: #1 Memorandum of Law)(Boisvert, Christopher)
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Filing 752
Master Answer to Plaintiffs' Master Long-Form Complaint (Dkt No. #705 ) by Actavis Laboratories UT, Inc., Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Watson Laboratories, Inc., a Nevada corporation (Thomas, Joseph)
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Filing 751
AUXILIUM'S ANSWER TO THE MASTER LONG-FORM COMPLAINT, DEFENSES AND JURY DEMAND #705 by Auxilium Pharmaceuticals, Inc. (Solow, Andrew)
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Filing 750
MASTER Answer Of Defendants Eli Lilly And Company And Lilly USA, LLC To Plaintiffs Master Long-Form Complaint And Jury Demand by Eli Lilly and Company, Lilly USA, LLC #705 (Kwuon, Janet)
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Filing 749
MOTION by counsel for Plaintiff Todd Smith to withdraw as attorney JENNIFER L. KEEL (Attachments: #1 Text of Proposed Order Proposed Order)(Katz, Seth)
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Filing 748
MOTION by counsel for Defendant Abbott Laboratories Inc. to withdraw as attorney (Attachments: #1 Text of Proposed Order)(Morical, Alice)
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Filing 747
ATTORNEY Appearance for Defendant GlaxoSmithKline LLC by Daniel M. Meyers (Meyers, Daniel)
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Filing 746
ATTORNEY Appearance for Defendant GlaxoSmithKline LLC by Glenn J. Pogust (Pogust, Glenn)
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Filing 745
ATTORNEY Appearance for Defendant GlaxoSmithKline LLC by Pamela Joan Yates (Yates, Pamela)
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Filing 744
ATTORNEY Appearance for Defendant GlaxoSmithKline LLC by Andrew Keith Solow (Solow, Andrew)
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MEMBER CASE OPENED from Northern District of Illinois; (15-cv-03760 Mullins v. Pharmacia & Upjohn Company, Inc. et al / Direct file in ILND). In Re: In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545). (sxn, )
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Filing 743
AMENDED CASE MANAGEMENT ORDER NO. 5 (Defendants' liaison counsel), signed by the Honorable Matthew F. Kennelly on 4/28/2015. (mk)
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Filing 742
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff Jay Accardon's unopposed motion for leave to amend complaint #739 is granted. Any amended complaint should be filed under Case No. 15-cv-712, not under the master file case number. (mk)
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Filing 741
ORDER: The motion to intervene filed by certain pro se plaintiffs (Timmy J. Oberholmes, Amber Landbert, and Jonathan Rich) is denied #734 because it does not describe any basis for intervention. Signed by the Honorable Matthew F. Kennelly on 4/28/2015. Mailed notice (sxw)
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MEMBER CASE OPENED from Northern District of Illinois; ( 1:15-cv-03686 Moore v. Endo Pharmaceuticals, Inc. et al / Direct file in ILND). In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545 ). (rm, )
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Filing 740
MINUTE entry before the Honorable Matthew F. Kennelly: The motion of attorneys Thomas J. Frederick, Scott M. Ahmad, Bryna J. Dahlin, Scott P. Glauberman, Joseph L. Motto, Matthew W. Poplawski, Shawn J. Gebhardt, Marissa S. Ronk, Nicole E. Wrigley and James Richter of the Law Firm Winston & Strawn and James F. Hurst of the Law Firm Kirkland & Ellis LLP to withdraw as counsel for defendants AbbVie Inc. and Abbott Laboratories #735 is granted. Mailed notice. (pjg, )
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MEMBER CASE OPENED from Northern District of Illinois; (15-cv-03640 Kendle v. AbbVie Inc. et al / Direct file in ILND). In Re: In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545). (sxn, )
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Filing 739
MOTION by Plaintiff Jay Accardo to amend/correct (Attachments: #1 FIRST AMENDED Short Form Complaint)(Tanase, Blake)
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Filing 738
NOTICE of Correction regarding 737 . (rm, )
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Filing 737
DOCUMENT REMOVED PER COURT ORDER OF 9/4/2015 (pjg, ).
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MEMBER CASE OPENED from Northern District of Illinois; ( Dawson v. AbbVie Inc. et al / Direct file in ILND). In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545 ) (jl, )
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Filing 736
NOTICE of Motion by Scott P. Glauberman for presentment of motion to withdraw as attorney, #735 before Honorable Matthew F. Kennelly on 4/28/2015 at 09:30 AM. (Glauberman, Scott)
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Filing 735
MOTION by counsel for Defendants AbbVie, Inc., Abbott Laboratories Inc. to withdraw as attorney Thomas J. Frederick, Scott M. Ahmad, Bryna J. Dahlin, Scott P. Glauberman, Joseph L. Motto, Matthew W. Poplawski, Shawn J. Gebhardt, Marissa S. Ronk, Nicole E. Wrigley and James Richter of the Law Firm Winston & Strawn (Glauberman, Scott)
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Filing 733
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 4/21/2015. All points on the agenda addressed. Defendants' ANDA-related motions to dismiss are to be filed by 5/15/2015; plaintiffs' responses are due by 6/15/2015; replies due by 6/30/2015. The page limits are extended to 25 pages for the opening and response memoranda and 10 pages for the replies. The parties discussed in open court their agreement regarding search terms as to AbbVie. The parties also discussed document production issues identified in item V of the status report relating to the case management conference. The Court raised the matter of a pro se "motion to intervene" filed by several persons and asked the plaintiffs' steering committee to investigate and to address the matter in the next status report. A mini case management conference solely for the discussion of the proposal to modify schedule for the completion of plaintiffs fact sheets and attached materials is set for 5/6/2015 at 2:00 p.m. The next full case management conference remains set for 5/19/2015 at 1:30 p.m., with a proposed agenda and joint status report being filed three (3) days in advance. (pjg, )
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SUMMONS Issued as to Defendant Actavis Pharma, Inc. (daj, )
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Filing 734
MOTION to Intervene as Plaintiffs with Newly Discovered Evidence under Fed. R. Civ. P. Rule 24(A); Rule 24(B) by Movants Amber Landbert, Jonathon Rich, Timmy J. Oberholmes. (sxw)
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Filing 732
Joint Agenda for April 21, 2015 Case Management Conference by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 731
Joint Status Report for April 21, 2015 Case Management Conference by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 730
NOTICE by Corey G. Raines of Change of Address Change of Name (Raines, Corey)
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Filing 729
CONDITIONAL TRANSFER ORDER (CTO-62) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 728
ATTORNEY Appearance for Plaintiffs Robert Dunn, Paula J Lawson, Danny W Newby, Larry L Weeks Jr by Jacqueline A Olson (Olson, Jacqueline)
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Filing 727
ATTORNEY Appearance for Plaintiffs Robert Dunn, Paula J Lawson, Danny W Newby, Larry L Weeks Jr by John Gordon Rudd, Jr (Rudd, John)
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MEMBER CASE OPENED from Northern District of Illinois; (15cv3263 Dodridge et al v. AbbVie Inc. et al / Direct file in ILND). In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545). (tlm)
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MEMBER CASE OPENED from Northern District of Illinois; ( Marino v. AbbVie, Inc. et al / Direct file in ILND). In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545 ) (jl, )
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Filing 726
MINUTE entry before the Honorable Matthew F. Kennelly: To ensure notices are being received by all parties in a timely manner, and to avoid undue burden on the Clerk, the Court reminds attorneys appearing pro hac vice of the requirement to register in the Northern District of Illinois. This will allow notices to be emailed rather than paper copies being sent in the mail. The following attorneys who are not properly registered in this district are directed to take steps, immediately, to resolve the problem: William F. Causey, Michael J. Quilling, James S. Richter, Andy D. Birchfield, Stanley M. Jerman, Edward S. Cook, and Rachel Rojas. Mailed notice. (pjg, )
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Filing 725
AMENDED CASE MANAGEMENT ORDER 18 (service of process), signed by the Honorable Matthew F. Kennelly on 4/10/2015. (mk)
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MEMBER CASE OPENED from Northern District of Illinois; ( 15cv3135 McCardle v. AbbVie, Inc. et al / Direct file in ILND). 14cv1748 In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545). (tlm)
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MEMBER CASE OPENED from Northern District of Illinois; (15-3114 Barrett v. AbbVie, Inc. et al / Direct file in ILND). 14cv1748 In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545). (tlm)
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MEMBER CASE OPENED from Northern District of Illinois; ( Bedard et al., v. Pfizer, Inc et al., - 15-3091 / Direct file in ILND). In Re: 14-1748 Testosterone Replacement Therapy Products Liability Litigation (MDL 2545 ) (ks, )
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Filing 724
REQUEST for Clerk of Court to refund filing fee in the amount of 50.00, receipt no. 0752-10498788, (Dimartino, Christin)
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MEMBER CASE OPENED from Northern District of Illinois; ( 15cv3043 Angus et al v. Pfizer, Inc / Direct file in ILND). 14cv1748 In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545). (tlm)
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Filing 723
CONDITIONAL TRANSFER ORDER (CTO-61) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (ym, )
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Filing 722
MINUTE entry before the Honorable Matthew F. Kennelly: The Court denies the request by counsel for Pfizer and Pharmacia & Upjohn to participate telephonically at the upcoming hearing on the motion to appear. The Court's system will only accommodate connecting with one telephone number for purposes of allowing the person who is called to speak in a way that he or she can be heard in the courtroom. That spot is already taken by an attorney whose presence the Court ordered but who is unable to appear because of a conflicting court matter. The Court also cannot say in advance - because it does not know - whether it will need to inquire of defense counsel at the hearing. That may depend on what is said by the outgoing and incoming plaintiff's counsel. (mk)
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Filing 721
Defendants Pfizer Inc. and Pharmacia & Upjohn Company LLC's Request for Leave to Appear by Telephone by Pfizer, Inc., Pharmacia & Upjohn Company LLC (Edwards, Cara)
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Filing 720
Notice of Withdrawal of Motion to Dismiss With Prejudice Pursuant to Case Management Order No. 9 by Pfizer, Inc., Pharmacia & Upjohn Company LLC (Edwards, Cara)
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Filing 719
CONDITIONAL TRANSFER ORDER (CTO-60) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (ym, )
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Filing 718
NOTICE of Voluntary Dismissal by Actavis, Inc. ; Dismissal with Prejudice filed on behalf of all parties (Geoppinger, Jeffrey)
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Filing 717
CONDITIONAL TRANSFER ORDER (CTO-59) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (ym, )
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Filing 716
Notice of Correction to Plaintiffs Master Short Form Complaint by Plaintiffs' Executive Committee (Attachments: # 1 Exhibit A - Master Short Form Complaint (Corrected))(Miracle, Trent)
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Filing 715
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Watson Pharmaceuticals, Inc. (Sparkes, Robert)
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Filing 714
Corporate Disclosure STATEMENT by Solvay S.A. (Cavanaugh, William)
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Filing 713
Corporate Disclosure STATEMENT by Solvay Pharmaceuticals, SARL (Cavanaugh, William)
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Filing 712
Corporate Disclosure STATEMENT by Abbott Products, Inc. (Cavanaugh, William)
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Filing 711
ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories Inc., Abbott Laboratories, Inc. by Christopher Boisvert (Boisvert, Christopher)
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Filing 710
REQUEST for Clerk of Court to refund filing fee in the amount of 400.00, receipt no. 0752-10411670, (Carr, Daniel)
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Filing 709
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 3/20/2015. Discussions held on all points on the agenda, plus Attorney Degreeff's motions to withdraw as counsel of record for the plaintiffs in three MDL member cases: Case Nos. 14 C 7000, 14 C 7475, and 14 C 7479. Attorney Degreeff's motions to withdraw are granted. The Court directs the parties to submit a revised complete version of CMO 18 that includes all updates and amendments. The parties advise that "core" defendants may be filing motions to dismiss claims in the master complaint based on preemption. The Court directs the filing of a single consolidated motion rather than separate motions for different defendants. A corrected version of the master complaint is to be filed, and liaison counsel or the PEC are to provide a Word version to post on the MDL 2545 website and are to advise Judge Kennelly's courtroom deputy clerk when it may be posted and the proposed changes to FAQs on the website may be implemented. The previously set case management conferences remain scheduled for 4/21/2015 at 1:30 p.m. and 5/19/2015 at 1:30 p.m. Mailed notice. (pjg, ) .
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Filing 708
MINUTE entry before the Honorable Matthew F. Kennelly: The Court notes that attorney David C. DeGreeff has moved to withdraw as counsel of record for the plaintiffs in three MDL member cases: Case Nos. 14 C 7000, 14 C 7475, and 14 C 7479. Mr. DeGreef does not, however, have an appearance on file in any of those member cases, though he does have an appearance on file in the MDL master file (Case No. 14 C 1748). The Court notes that each of the cases in which Mr. DeGreeff has sought to withdraw is a case in which the defendant has now moved to dismiss based on the plaintiff's alleged noncompliance with the requirements of certain case management orders. The Court wonders whether there is any relationship between these two matters (the alleged noncompliance and the motion to withdraw) and wishes to add this question to the agenda for the 3/20/2015 case management conference. If Mr. DeGreeff or someone from his former firm already plans to attend, they should be prepared to address this at the case management conference, in advance of briefing the motions to dismiss. Alternatively, if any member of the plaintiffs' steering committee who will be present can address this, that would also be acceptable. If neither Mr. DeGreeff nor anyone from his former firm plans to attend and no attending member of the plaintiffs' steering committee is in a position to discuss the issue at the case management conference, the Court will bypass the point for purposes of the case management conference but likely will also enter and continue Mr. DeGreeff's motions to withdraw until the point can be addressed. (mk)
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Filing 707
WAIVER OF SERVICE returned executed by CHARLES H. BAGGALEY, JR, JOYCE BAGGALEY. AbbVie, Inc. waiver sent on 3/12/2015, answer due 5/11/2015. (Long, Allison)
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Filing 706
WAIVER OF SERVICE returned executed by Joyce Baggaley, Charles H. Baggaley, Jr. Abbott Laboratories Inc. waiver sent on 3/12/2015, answer due 5/11/2015. (Long, Allison)
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Filing 705
Master Long Form Complaint and Jury Demand by Plaintiffs' Executive Committee (Attachments: # 1 Exhibit A - Master Short Form Complaint)(Miracle, Trent)
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Filing 704
Joint Agenda for March 20, 2015 Case Mangement Conference by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 703
STATUS Report Joint Status Report for March 20, 2015 Status Hearing by Plaintiffs' Executive Committee (Miracle, Trent)
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Filing 702
ATTORNEY Appearance for Defendants Auxilium Pharmaceuticals, Inc., Endo Pharmaceuticals, Inc. by Robert M. Grass (Grass, Robert)
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Filing 701
NOTICE of Motion by David Conrad Degreeff for presentment of motion to withdraw as attorney # 700 before Honorable Matthew F. Kennelly on 3/20/2015 at 10:00 AM. (Degreeff, David)
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Filing 700
MOTION by counsel for Plaintiff Clarence Evans to withdraw as attorney (Degreeff, David)
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Filing 699
MEMORANDUM by AbbVie, Inc., Abbott Laboratories Inc., Solvay America, Inc., Solvay S.A. in support of Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction,,,, # 692 [Abbvie Defendants' Supplemental Memorandum of Law in Support of Their Motion to Dismiss] (Attachments: # 1 Appendix A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Cavanaugh, William)
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Filing 698
MEMORANDUM by Actavis PLC, Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Watson Laboratories Inc., Watson Pharmaceuticals, Inc. in support of Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction,,,, # 692 Supplemental Memorandum of the Actavis Defendants in Support of Defendants' Motion to Dismiss (Matthews, James)
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Filing 697
MEMORANDUM by Endo Pharmaceuticals, Inc. in support of Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction,,,, # 692 (Solow, Andrew)
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Filing 696
MEMORANDUM by Auxilium Pharmaceuticals, Inc. in support of Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction,,,, # 692 (Solow, Andrew)
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Filing 695
DECLARATION of William F. Cavanaugh, Jr. regarding Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction,,,, # 692 [Declaration of William F. Cavanaugh, Jr. in Support of Defendants' Joint Motion to Dismiss] (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibits 3 - 10, # 4 Exhibits 11 - 20, # 5 Exhibits 21 - 30, # 6 Exhibits 31 - 40, # 7 Exhibits 41 - 50, # 8 Exhibits 51 - 60, # 9 Exhibits 61 - 70, # 10 Exhibits 71 - 73)(Cavanaugh, William)
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Filing 694
MEMORANDUM by Acrux DDS PTY LTD, Eli Lilly and Company, Lilly USA, LLC in support of Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction,,,, # 692 (Stanley, David)
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Filing 693
MEMORANDUM by AbbVie, Inc., Abbott Laboratories Inc., Acrux DDS PTY LTD, Actavis Inc., Actavis PLC, Actavis Pharma, Inc., Anda Inc., Auxilium Pharmaceuticals Inc., Eli Lilly and Company, Endo Pharmaceuticals, Inc., Lilly USA, LLC, Solvay America, Inc., Solvay Pharmaceuticals, Inc., Solvay S.A., Watson Laboratories Inc., Watson Pharmaceuticals, Inc. in support of Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction,,,, # 692 (Stanley, David)
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Filing 692
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION by Defendants Acrux DDS PTY LTD, Actavis Pharma, Inc., Solvay America, Inc., Eli Lilly and Company, Anda, Inc., Actavis, Inc., AbbVie, Inc., Watson Laboratories, Inc., Endo Pharmaceuticals, Inc., Solvay Pharmaceuticals, Inc., Abbott Laboratories Inc., Actavis PLC, Auxilium Pharmaceuticals, Inc., Watson Pharmaceuticals, Inc., Solvay S.A., Lilly USA, LLC, Abbott Laboratories, Inc., Actavis Inc., Anda Inc., Auxilium Pharmaceuticals Inc., Eli Lilly and Company, Lily USA, LLC, Solvay, S.A., Inc., Watson Laboratories Inc. to dismiss for lack of jurisdiction (Stanley, David)
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Filing 691
ATTORNEY Appearance for Defendants Solvay America, Inc., Solvay S.A. by Scott C Caplan (Caplan, Scott)
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Filing 690
ATTORNEY Appearance for Defendants Solvay America, Inc., Solvay S.A. by Jonah Moses Knobler (Knobler, Jonah)
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Filing 689
ATTORNEY Appearance for Defendants Solvay America, Inc., Solvay S.A. by William F Cavanaugh, Jr (Cavanaugh, William)
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Filing 688
WAIVER OF SERVICE returned executed by Danny Coker. Auxilium Pharmaceuticals, Inc. waiver sent on 1/20/2015, answer due 3/23/2015. (Kingsdorf, Bruce)
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Filing 687
MOTION by Defendants Pharmacia & Upjohn Company LLC, Pfizer Inc. to dismiss With Prejudice Pursuant To Case Management Order No. 9 (Attachments: # 1 Declaration Exhibit A)(Edwards, Cara)
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Filing 686
ATTORNEY Appearance for Defendants Pfizer Inc., Pharmacia & Upjohn Company LLC by Cara D. Edwards (Edwards, Cara)
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SUMMONS Issued as to Defendants AbbVie, Inc., Abbott Laboratories Inc., Abbott Laboratories, Inc., Acrux DDS PTY LTD, Actavis Inc. (pg, )
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Filing 685
MOTION by Defendants Eli Lilly and Company, Lily USA, LLC to dismiss With Prejudice Pursuant To Case Management Order No. 9 (Attachments: # 1 Exhibit A)(Stanley, David)
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Filing 684
MOTION by Defendants Eli Lilly and Company, Lilly USA, LLC to dismiss With Prejudice Pursuant To Case Management Order No. 9 (Attachments: # 1 Exhibit A)(Stanley, David)
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Filing 683
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the status hearing set for 3/20/2015 at 9:30 AM is moved to 10:00 AM on that date. (mk)
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Filing 682
ATTORNEY Appearance for Defendants Actavis PLC, Anda, Inc. by Robert W. Sparkes, III (Sparkes, Robert)
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Filing 681
ATTORNEY Appearance for Defendants Actavis PLC, Anda, Inc. by James W Matthews (Matthews, James)
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Filing 680
CONDITIONAL TRANSFER ORDER (CTO-58) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (ym, )
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Filing 678
CONDITIONAL TRANSFER ORDER (CTO-56) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (ym, )
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Filing 677
STATUS Report (Joint) Regarding Search Terms by AbbVie, Inc., Abbott Laboratories Inc. (Yeary, Michelle)
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Filing 676
CASE MANAGEMENT ORDER NO. 21 (deposition protocol) signed by the Honorable Matthew F. Kennelly on 3/9/2015. (mk)
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Filing 675
MINUTE entry before the Honorable Matthew F. Kennelly: Complaint # 674 , having been improperly filed under the master file case number (14 C 1748), is hereby stricken. The improperly filed complaint has since been filed properly as a separate, new case, indicating the relationship to the MDL proceeding on the civil cover sheet under Case No. 15 C 1996. The Clerk is directed to remove the image of # 674 from this docket. (pjg) Mailed notice. (pjg, )
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Filing 674
DOCUMENT REMOVED PER COURT ORDER OF 3/6/2015. (pjg)
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Filing 673
ATTORNEY Appearance for Plaintiffs Charles H. Baggaley, Jr, Joyce Baggaley by Allison Long (Attachments: # 1 Certificate of Service)(Long, Allison)
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Filing 672
MOTION by Plaintiff James Keith Robinson to substitute party Plaintiff (Attachments: # 1 Text of Proposed Order Exhibit A)(Kelly, Clinton)
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Filing 671
SUGGESTION of Death as to James Keith Robinson (Kelly, Clinton)
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SUMMONS Issued as to Defendants AbbVie, Inc., Abbott Laboratories, Inc. (pg, )
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Filing 669
CONDITIONAL TRANSFER ORDER (CTO-55) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (ym, )
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Filing 668
MINUTE entry before the Honorable Matthew F. Kennelly: In light of the entry of Case Management Order No. 20 (master pleadings), the Court requests liaison counsel to confer and jointly propose to the Court, by no later than 3/6/2015, a revised answer for the "Frequently Asked Questions" section of the MDL 2545 website to substitute for the current answer to the question, "How do I file a new complaint and designate it for inclusion in this MDL?," as well as proposals for other questions and answers that may be appropriate in light of the entry of Case Management Order No. 20. The proposal should be sent to Judge Kennelly's proposed order e-mail address. (mk)
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Filing 667
CASE MANAGEMENT ORDER NO. 20 (master pleadings), signed by the Honorable Matthew F. Kennelly on 3/3/2015. (mk)
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Filing 666
AMENDED CASE MANAGEMENT ORDER NO. 9 (Plaintiff fact sheets and records authorizations) signed by the Honorable Matthew F. Kennelly on 3/3/2015. (mk)
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Filing 665
MEMORANDUM Opinion and Order written by the Honorable Matthew F. Kennelly on 3/2/2015. The Court grants plaintiff's motion to remand (Case No. 14 C 1748, dkt. no. # 419 ). Case No. 14 C 7902 is hereby remanded to the Circuit Court of Baldwin County, Alabama. Mailed notice.(pjg, )
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Filing 664
MINUTE entry before the Honorable Matthew F. Kennelly: The Court grants plaintiff's motion to remand (Case No. 14 C 1748, dkt. no. # 419 ). Case No. 14 C 7902 is hereby remanded to the Circuit Court of Baldwin County, Alabama. Mailed notice. (pjg, )
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Filing 663
REQUEST for Clerk of Court to refund filing fee in the amount of 400.00, receipt no. 0752-10355743, (Leckman, T.)
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Filing 662
AFFIDAVIT of Service filed by Plaintiff James Weimers regarding Subpoena served on D&R Lathian on 02/09/2015 (Hilton, Todd)
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Filing 661
AFFIDAVIT of Service filed by Plaintiff Robert W. Summers regarding Complaint served on Paddock Laboratories, Inc., Paul Matthews on 2/13/15 (Underwood, Robert)
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Filing 660
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 2/20/2015. Discussions held on all points on the agenda, plus AbbVie's motion to amend case management order 9. The parties have reached agreement on a proposed modification to case management order 9. A proposed draft order will be submitted within the next 7 days. The parties have also reached agreement on a proposed case management order regarding filing of a master complaint. The proposed draft order will be submitted within the next 7 days. A joint status report on negotiations over search terms is to be filed by 3/9/2015. Defendants' oral motion for excess pages on Medical Mutual of Ohio motion to dismiss briefs is granted. Defendants may file a 40 page joint brief addressing common issues, and each defendant group may file a brief on individual issues of up to 15 pages. Oral arguments heard on plaintiffs' motion to compel. The parties have reached agreement regarding the timing of production of King v. Solvay documents relating to AndroGel, with production to begin by 2/28/2015 and to be completed by 5/5/2015. The parties are continuing to discuss the remaining issues in the motion to compel and agree that at the present time, the Court need not decide any of those issues. Any remaining disputed issues are to be addressed in the status report to be submitted before the next case management conference. The previously set case management conference scheduled for 3/13/2015 is vacated and reset for 3/20/2015 at 9:30 a.m. In addition, further case management conferences are set for 4/21/2015 at 1:30 p.m. and 5/19/2015 at 1:30 p.m. For each case management conference henceforth, a proposed agenda and joint status report is to be filed three (3) days in advance. (pjg, )
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Filing 659
MINUTE entry before the Honorable Matthew F. Kennelly: Due to an unexpected delay, the case management conference scheduled for today is expected to begin at approximately 3:00 p.m. (pjg, )
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Filing 658
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed defendant AbbVie's motion to modify case management order no. 9 and, at its own instance, advances the hearing date on the motion to tomorrow's case management conference (2/20/2015 at 2:30 pm). Counsel are expected to be prepared to address the motion at that time. (mk)
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Filing 657
NOTICE of Motion by Nathan E Hoffman for presentment of motion for miscellaneous relief # 656 before Honorable Matthew F. Kennelly on 2/27/2015 at 10:00 AM. (Hoffman, Nathan)
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Filing 656
MOTION by Defendants AbbVie, Inc., Abbott Laboratories Inc., Abbott Laboratories, Inc.to Modify Case Management Order No. 9 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Hoffman, Nathan)
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Filing 655
CASE MANAGEMENT ORDER NO. 18A (service of process - Auxilium), signed by the Honorable Matthew F. Kennelly on 2/18/2015. (mk)
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Filing 654
MINUTE entry before the Honorable Matthew F. Kennelly: Complaint # 652 , having been improperly filed under the master file case number (14 C 1748), is hereby stricken. The improperly filed complaint has since been filed properly as a separate, new case, indicating the relationship to the MDL proceeding on the civil cover sheet under Case No. 15-cv-1484. The Clerk is directed to remove the image of # 652 from this docket. (pjg, )
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Filing 653
ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories Inc., Abbott Laboratories, Inc. by Hope M. Freiwald (Freiwald, Hope)
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Filing 652
DOCUMENT REMOVED PER COURT ORDER OF 2/18/2015. (pjg, ).
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Filing 651
ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories Inc., Abbott Laboratories, Inc. by Michelle H. Yeary (Yeary, Michelle)
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Filing 650
ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories Inc., Abbott Laboratories, Inc. by Nathan E Hoffman (Hoffman, Nathan)
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Filing 649
ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories Inc., Abbott Laboratories, Inc. by David M Bernick (Bernick, David)
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Filing 647
Joint Agenda by AbbVie, Inc., Abbott Laboratories, Inc. for February 20, 2015 Case Management Conference (Glauberman, Scott)
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Filing 646
NOTICE of Motion by Trent B. Miracle for presentment of motion to compel # 639 before Honorable Matthew F. Kennelly on 2/20/2015 at 02:30 PM. (Miracle, Trent)
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Filing 645
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to substitute party # 644 before Honorable Matthew F. Kennelly on 2/20/2015 at 02:30 PM. (Johnson, Ronald)
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Filing 644
MOTION by Plaintiffs Nancy Allred, Walter Allred to substitute party (Attachments: # 1 Exhibit Amended Complaint - Allred, # 2 Exhibit Death Certificate - Allred)(Johnson, Ronald)
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Filing 643
Statement of Death - Walter Allred by Nancy Allred, Walter Allred (Johnson, Ronald)
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Filing 642
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' earlier submissions regarding a proposed deposition protocol and their recent submissions regarding proposed limits on the number of depositions. It appears that the parties believe they can reach agreement on all aspects of a deposition protocol other than limits on numbers. See PSC's Resp. Mem. (dkt. no. 636) at 1. It also appears that the plaintiffs and defendant Pfizer have reached agreement on a limitation of 8 depositions of Pfizer's current and former employees, see Defs.' Mem. (dkt. no. 638) at 2 n.4, so the Court adopts that limit. Having considered the parties' submissions, the Court adopts an overall limit of 150 depositions for the remaining defendants (AbbVie/Abbott; Auxilium; Lilly; Watson/Actavis; and Endo). As agreed by the parties, see id. at 1 n.1, this does not include case-specific depositions. The PSC is directed to provide a per-defendant breakdown of the 150 figure to defense counsel by 2/24/2015. The limitations will be subject to modification upon a showing of reasonable diligence and good cause. The particulars of this order are to be incorporated into a deposition protocol case management order, a draft of which is to be provided to the Court by no later than 3/3/2015. (mk)
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Filing 641
MINUTE entry before the Honorable Matthew F. Kennelly: The Court denies defendants' joint motion to sever plaintiffs' claims in the Medical Mutual of Ohio action (Case No. 14 C 8857), without prejudice to renewal. From the standpoint of judicial economy, the Court believes that it makes more sense to address the matter of joinder following consideration of motions pursuant to Rule 12(b), which are likely to present the same or overlapping issues among the various defendants named. If the complaint or an amended version survives Rule 12(b) motions, defendants may renew their motion to sever. The Court notes that when it commented at the 1/13/2015 case management conference that it preferred not to let the joinder issue "fester," it assumed that the question was whether to hold the question of joinder until later in the litigation, such as during or after the conclusion of discovery. The appropriate time to consider the issue, in the Court's view, is after a determination is made regarding what, if any, of plaintiffs' claims survive Rule 12(b) motions. (mk)
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Filing 640
MEMORANDUM by Plaintiffs' Executive Committee in support of motion to compel # 639 Production of Analytic Data and/or Production of Documents Returned by Plaintiffs' Proposed Search Terms (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Declaration Douglas Forrest, # 9 Exhibit 1, # 10 Exhibit 2, # 11 Exhibit 3-1, # 12 Exhibit 3-2)(Miracle, Trent)
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Filing 639
MOTION by Plaintiff Plaintiffs' Executive Committee to compel Production of Analytic Data and/or Production of Documents Returned by Plaintiffs' Proposed Search Terms (Miracle, Trent)
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Filing 638
MEMORANDUM by AbbVie, Inc., Abbott Laboratories Inc., Actavis, Inc., Auxilium Pharmaceuticals, Inc., Eli Lilly and Company, Endo Pharmaceuticals, Inc., Lilly USA, LLC, Pfizer Inc. IN SUPPORT OF DEFENDANT'S RESPECTIVE PROPOSED NUMBER OF DEPOSITIONS (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Solow, Andrew)
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Filing 637
AFFIDAVIT of Timothy J. Becker regarding Response # 636 Defendants' Proposed Deposition Protocol (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)(Becker, Timothy)
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Filing 636
RESPONSE by Plaintiff Plaintiffs' Steering Committee to other,, # 538 Defendants' Proposed Deposition Protocol (Becker, Timothy)
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Filing 635
REPLY by Plaintiff Plaintiff's Steering Committee to memorandum in support of motion,, # 566 , motion to compel # 565 (Attachments: # 1 Exhibit 23, # 2 Exhibit 24, # 3 Exhibit 25, # 4 Exhibit 26, # 5 Exhibit 27, # 6 Exhibit 28, # 7 Exhibit 29-1, # 8 Exhibit 29-2, # 9 Exhibit 29-3, # 10 Exhibit 29-4, # 11 Exhibit 29-5, # 12 Exhibit 30, # 13 Exhibit 31)(Miracle, Trent)
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Filing 634
MEMORANDUM by AbbVie, Inc., Abbott Laboratories Inc. in support of its proposed search terms (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1-10)(Glauberman, Scott)
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Filing 633
REPLY by AbbVie, Inc., Abbott Laboratories Inc., Abbott Laboratories, Inc., Actavis Pharma, Inc., Actavis, Inc., Auxilium Pharmaceuticals, Inc., Eli Lilly and Company, Endo Pharmaceuticals, Inc., Lilly USA, LLC, Watson Laboratories Inc., Watson Pharmaceuticals, Inc. to MOTION by Defendants AbbVie, Inc., Abbott Laboratories Inc., Abbott Laboratories, Inc., Actavis Pharma, Inc., Actavis, Inc., Auxilium Pharmaceuticals, Inc., Eli Lilly and Company, Endo Pharmaceuticals, Inc., Lily USA, LLC, Watson Laboratories Inc., Wat # 585 (Attachments: # 1 Exhibit)(Stanley, David)
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Filing 632
WAIVER OF SERVICE returned executed by Anthony D Nelson. AbbVie, Inc. waiver sent on 1/26/2015, answer due 3/27/2015. (McEwen, Greg)
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Filing 631
ATTORNEY Appearance for Defendant Auxilium Pharmaceuticals, Inc. by Glenn J. Pogust (Pogust, Glenn)
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Filing 630
ATTORNEY Appearance for Defendant Auxilium Pharmaceuticals, Inc. by Pamela Joan Yates (Yates, Pamela)
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Filing 629
ATTORNEY Appearance for Defendant Auxilium Pharmaceuticals, Inc. by Andrew Keith Solow (Solow, Andrew)
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Filing 628
ATTORNEY Appearance for Defendant Auxilium Pharmaceuticals, Inc. by Daniel M. Meyers (Meyers, Daniel)
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Filing 627
MINUTE entry before the Honorable Matthew F. Kennelly: Minute entry # 618 is corrected to state the motion hearing regarding motion to sever # 585 , if considered necessary by the Court following consideration of the parties' briefs, is set for 2/20/2015 at 2:30 p.m. as part of the case management conference set for that date. In addition, lead counsel are directed to file a joint status report and an agenda for the 2/20/2015 case management conference by no later than 2/17/2015. (pjg, )
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Filing 626
ATTORNEY Appearance for Plaintiff Susan Warga-Lang by Michael S Kruse (Kruse, Michael)
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Filing 625
CONDITIONAL TRANSFER ORDER (CTO-54) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (ym, )
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Filing 623
STIPULATION of Dismissal with Prejudice (Braslow, Derek)
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Filing 622
ATTORNEY Appearance for Plaintiff Garry E. Middleton by Michael S Kruse (Kruse, Michael)
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Filing 621
NOTICE of Voluntary Dismissal by JOYCE BAGGALEY, CHARLES H. BAGGALEY, JR, Charles H. Baggaley, Jr (Attachments: # 1 Certificate of Service)(Long, Allison)
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Filing 624
CONDITIONAL TRANSFER ORDER (CTO-53) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (ym, )
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SUMMONS Issued as to Defendants AbbVie, Inc., Abbott Laboratories Inc., Abbott Laboratories, Inc., Actavis Pharma, Inc., Actavis, Inc., Auxilium Pharmaceuticals, Inc., Paddock Laboratories, Inc., Pfizer, Inc., Watson Laboratories, Inc., Watson Laboratories, Inc., a Nevada corporation (jp, )
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Filing 620
RESPONSE by AbbVie, Inc., Abbott Laboratories, Inc.in Opposition to MOTION by Plaintiff Plaintiffs' Steering Committee to compel Discovery from Defendants AbbVie and Abbott Laboratories # 565 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Glauberman, Scott)
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Filing 619
TRANSFER ORDER from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (ym, )
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Filing 618
MINUTE entry before the Honorable Matthew F. Kennelly: It has come to the Court's attention that the parties filed a joint motion to set a briefing schedule on the motion to sever and that it was not properly noticed for hearing. The motion to set a schedule # 588 is granted. As agreed by the parties, plaintiffs' response to the motion to sever is to be filed by 2/6/2015, and defendants' response is to be filed by 2/13/2015. Motion hearing, if considered necessary by the Court following consideration of the parties' briefs, is set for 2/20/2015 at 1:30 PM as part of the case management conference set for that date. In addition, lead and liaison counsel are directed to file a joint status report and a proposed agenda for the case management conference by no later than 2/17/2015. (mk)
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Filing 617
ATTORNEY Appearance for Plaintiffs Holly Brockman, Mitchell Carpenter, James Criswell, Sandra Criswell, Judy N. Freeman, Richard A. Freeman, David Henson, Judy Henson, Thomas E Hollingsworth, Ashley N. Keel, Jeffrey Konrad, Kim Pettrey, Marshall Pettrey, Gregory A. Taylor, Julie R. White, Terry L White, Daniel Bedford, Rosa J. Bedford, Margaret L. Vestal, Petitioner Jana Konrad by Matthew Patrick Teague (Teague, Matthew)
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Filing 616
AFFIDAVIT of Service filed by Plaintiff Donald Hufstetler regarding Summons and Complaint served on Abbvie Inc. on January 5, 2015 (Flannery, Michael)
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Filing 615
AFFIDAVIT of Service filed by Plaintiff Donald Hufstetler regarding Summons and Complaint served on Abbott Laboratories, Inc. on January 5, 2015 (Flannery, Michael)
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Filing 614
AFFIDAVIT of Service filed by Plaintiff Geralous Walton regarding Summons and Complaint served on Abbvie Inc. on December 3, 2014 (Flannery, Michael)
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Filing 613
AFFIDAVIT of Service filed by Plaintiff Geralous Walton regarding Summons and Complaint served on Abbott Laboratories, Inc. on December 3, 2014 (Flannery, Michael)
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Filing 612
Notice of Joinder in Defendants' Joint Motion to Sever Plaintiffs' Claims by Solvay America, Inc. (Ring, Daniel)
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Filing 611
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Solvay America, Inc. (Corporate Disclosure Statement) (Ring, Daniel)
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Filing 610
STIPULATION of Agreement on Deadline to Submit Deposition Protocol Briefing (Miracle, Trent)
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Filing 609
CONDITIONAL TRANSFER ORDER (CTO-52) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (ym, )
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Filing 608
ATTORNEY Appearance for Plaintiffs Danny Moore, Elizabeth Moore by Jonathan M. Ashton (Ashton, Jonathan)
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Filing 607
ATTORNEY Appearance for Plaintiffs Danny Moore, Elizabeth Moore by Kevin J. Boissoneault (Boissoneault, Kevin)
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Filing 606
STIPULATION of Agreement on Extension of Time to File Memoranda Related to ESI Search Terms with Respect to Defendant AbbVie, Inc. (Miracle, Trent)
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Filing 605
ATTORNEY Appearance for Plaintiffs Danny Moore, Elizabeth Moore by Michael D. Bell (Bell, Michael)
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Filing 604
CONDITIONAL TRANSFER ORDER (CTO-51) from the Judicial Panel on Multidistrict Litigation, transferring case to become part of MDL 2545. (mr, )
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Filing 603
CONDITIONAL TRANSFER ORDER (CTO-50) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (ym, )
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Filing 602
ATTORNEY Appearance for Defendant SOLVAY AMERICA, INC. by Craig A. Woods (Woods, Craig)
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Filing 601
ATTORNEY Appearance for Defendant SOLVAY AMERICA, INC. by Daniel Leslie Ring (Ring, Daniel)
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Filing 600
ATTORNEY Appearance for Defendant SOLVAY AMERICA, INC. by Michael Allen Olsen (Olsen, Michael)
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Filing 599
MINUTE entry before the Honorable Matthew F. Kennelly: Docket entry # 591 is corrected as follows: Defendants' motion to dismiss and supporting memorandum regarding Medical Mutual of Ohio v. AbbVie Inc., et al, Case No. 14 C 8857 are to be filed by 3/16/2015; plaintiff's response is due by 6/1/2015; defendants' reply is due by 7/7/2015. All other information in docket entry # 591 remains. Mailed notice. (pjg, )
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Filing 598
ATTORNEY Appearance for Plaintiff Roland Bass by Greg McEwen (McEwen, Greg)
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Filing 597
ATTORNEY Appearance for Plaintiff Albert Tooley Lint by Greg McEwen (McEwen, Greg)
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Filing 596
ATTORNEY Appearance for Defendant Auxilium Pharmaceuticals, Inc. by J. Gordon Cooney, Jr (Attachments: # 1 Certificate of Service)(Cooney, J.)
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Filing 595
ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories Inc. by Scott C Caplan (Caplan, Scott)
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Filing 594
ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories Inc. by Jonah Moses Knobler (Knobler, Jonah)
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Filing 593
ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories Inc. by William F Cavanaugh, Jr (Cavanaugh, William)
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Filing 592
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for leave to file excess pages # 563 is granted. Defendants' motion to strike plaintiffs' memorandum in support of their motion to compel is denied # 579 . Defendants have leave to file a response of no more than 35 pages by 2/6/2015. Plaintiffs have leave to file a reply of no more than 10 pages by 2/13/2015. (mk)
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Filing 590
WAIVER OF SERVICE returned executed by Gary MacLeod. Abbott Laboratories, Inc. waiver sent on 1/6/2015, answer due 3/9/2015. (Blackburn, Stephen)
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Filing 589
NOTICE of Motion by David Edward Stanley for presentment of (Attachments: # 1 Exhibit Tab "A" Unopposed Joint Motion to Set Briefing Schedule for Defendants' Motion to Sever Plaintiff Medical Mutual's Claims into Five Separate Actions)(Stanley, David)
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Filing 588
MOTION by Defendants AbbVie, Inc., Abbott Laboratories, Inc., Actavis, Inc., Auxilium Pharmaceuticals, Inc., Eli Lilly and Company, Endo Pharmaceuticals, Inc., Lily USA, LLC, Watson Laboratories Inc., Watson Pharmaceuticals, Inc. to set a briefing schedule for Defendants Joint Motion to Sever Plaintiff Medical Mutual's Claims Into Five Separate Actions (Stanley, David)
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Filing 587
NOTICE of Motion by David Edward Stanley for presentment of motion to sever, # 585 before Honorable Matthew F. Kennelly on 2/20/2015 at 10:00 AM. (Attachments: # 1 Exhibit Tab "A" Defendants' Joint Motion to Sever)(Stanley, David)
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Filing 586
MEMORANDUM by AbbVie, Inc., Abbott Laboratories, Inc., Actavis Pharma, Inc., Actavis, Inc., Auxilium Pharmaceuticals, Inc., Eli Lilly and Company, Endo Pharmaceuticals, Inc., Lily USA, LLC, Watson Laboratories Inc., Watson Pharmaceuticals, Inc. in support of motion to sever, # 585 Plaintiff Medical Mutual's Claims into Five Separate Actions (Stanley, David)
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Filing 585
MOTION by Defendants AbbVie, Inc., Abbott Laboratories Inc., Abbott Laboratories, Inc., Actavis Pharma, Inc., Actavis, Inc., Auxilium Pharmaceuticals, Inc., Eli Lilly and Company, Endo Pharmaceuticals, Inc., Lily USA, LLC, Watson Laboratories Inc., Watson Pharmaceuticals, Inc. to sever Plaintiff Medical Mutual's Claims into Five Separate Actions (Stanley, David)
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Filing 584
CONDITIONAL TRANSFER ORDER (CTO-49) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (meg, )
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Filing 583
SEALED EXHIBIT by Plaintiff Plaintiffs' Steering Committee Exhibit #16 regarding memorandum in support of motion,, # 566 (Miracle, Trent)
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Filing 582
NOTICE of Motion by Scott P. Glauberman for presentment of motion for miscellaneous relief # 579 before Honorable Matthew F. Kennelly on 1/23/2015 at 10:00 AM. (Glauberman, Scott)
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Filing 581
ATTORNEY Appearance for Defendants Actavis Pharma, Inc., Actavis, Inc., Watson Laboratories Inc., Watson Pharmaceuticals, Inc. by Robert W. Sparkes, III (Sparkes, Robert)
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Filing 580
ATTORNEY Appearance for Defendants Actavis Pharma, Inc., Actavis, Inc., Watson Laboratories Inc., Watson Pharmaceuticals, Inc. by James W Matthews (Matthews, James)
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Filing 579
MOTION by Defendants AbbVie, Inc., Abbott Laboratories, Inc.to Strike or for an Extension of Time and Pages to Respond to Plaintiffs' Motion to Compel (Glauberman, Scott)
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Filing 578
STATUS Report Regarding Complaint Filing Procedures by Plaintiffs' Steering Committee (Cherry, Myron)
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Filing 577
MINUTE entry before the Honorable Matthew F. Kennelly: The motions to substitute appearance of counsel are granted [553 & 555]. Gregory McEwen has leave to file his appearance for the plaintiffs in Case Nos. 14-cv-6896 and 14-cv-6902. The appearance of David Alexander for the plaintiffs in those cases is withdrawn. (mk)
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Filing 576
MINUTE entry before the Honorable Matthew F. Kennelly: Over the last few days, two attorneys, Scott Brady and Robert W. Jackson, have improperly filed new complaints under the master file case number (Case No. 14 C 1748), rather than as new cases filed separately. This is inappropriate, and it creates administrative difficulties for the Clerk. Any new lawsuit must be filed as such, with a notation on this district's civil cover sheet indicating the relationship of the newly-filed case to the MDL proceeding, as provided in Case Management Order No. 3 1 and Case Management Order No. 12 G. This is the only way a newly-filed case will get its own docket number, as required. The lawsuit improperly filed by attorney Brady under the master file case number was dealt with by administrative action in the Clerk's office at the direction of the undersigned judge. But the court does not want to continue to have to deal with these types of basic attorney errors as the case proceeds. For these reasons, the Court strikes the documents improperly filed under the master file case number by attorney Jackson (dkt. nos. 567, 568, 569, 570, 571, 572, 573, 574 & 575) and directs him to file them properly as separate, new cases, indicating the relationship to the MDL proceeding on the civil cover sheet. The Court also directs the plaintiff's executive committee to immediately confer to determine whether a further case management order, changes to existing case management orders, and/or additions to the "frequently asked questions" section of the MDL 2545 web page, or some other steps, should be adopted in order to prevent similar mis-filings in the future. A status report in this regard is to be filed by the plaintiffs' executive committee by no later than the close of business on 1/21/2015. (mk)
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Filing 575
ATTORNEY Appearance for Plaintiff Plaintiffs' Counsel by Robert Wayne Jackson (Jackson, Robert)
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Filing 574
CIVIL Cover Sheet (Jackson, Robert)
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Filing 573
COMPLAINT filed by Plaintiffs' Counsel; Jury Demand. Filing fee $ 400, receipt number 0752-10250536. (Attachments: # 1 Summons)(Jackson, Robert)
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Filing 572
ATTORNEY Appearance for Plaintiff Plaintiffs' Counsel by Robert Wayne Jackson (Jackson, Robert)
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Filing 571
CIVIL Cover Sheet (Jackson, Robert)
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Filing 570
COMPLAINT filed by Plaintiffs' Counsel; Jury Demand. Filing fee $ 400, receipt number 0752-10250530. (Attachments: # 1 Summons)(Jackson, Robert)
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Filing 569
CIVIL Cover Sheet (Attachments: # 1 Summons)(Jackson, Robert)
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Filing 568
ATTORNEY Appearance for Plaintiff Plaintiffs' Counsel by Robert Wayne Jackson (Jackson, Robert)
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Filing 567
COMPLAINT filed by Plaintiffs' Counsel; Jury Demand. Filing fee $ 400, receipt number 0752-10250488.(Jackson, Robert)
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Filing 566
MEMORANDUM by Plaintiffs' Steering Committee in support of motion to compel # 565 Discovery from Defendants AbbVie and Abbott Laboratories (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 17, # 17 Exhibit 18, # 18 Exhibit 19, # 19 Exhibit 20, # 20 Exhibit 21, # 21 Exhibit 22)(Miracle, Trent)
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Filing 565
MOTION by Plaintiff Plaintiffs' Steering Committee to compel Discovery from Defendants AbbVie and Abbott Laboratories (Miracle, Trent)
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Filing 564
NOTICE of Motion by Trent B. Miracle for presentment of motion for leave to file excess pages # 563 before Honorable Matthew F. Kennelly on 2/20/2015 at 02:30 PM. (Miracle, Trent)
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Filing 563
MOTION by Plaintiff Plaintiffs' Steering Committee for leave to file excess pages (Miracle, Trent)
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Filing 562
ATTORNEY Appearance for Defendants Eli Lilly and Company, Lilly USA, LLC by Margaret Grignon (Grignon, Margaret)
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Filing 561
CONDITIONAL TRANSFER ORDER (CTO-48) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (meg, )
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Filing 560
NOTICE of Correction regarding # 557 . (sxw)
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Filing 559
ATTORNEY Appearance for Plaintiffs Tammy Bartles, Donald Bland, Patricia R. Bush, Patrick H. Bush, Freddy J. Escoe, Brenda Mask, Richard Allen Mask, Luis E. Rosas, Gregory A. Taylor, Ronnie Elrod, Juli Elrod, Robert Ham, Audrey Ham, Bonnie Perrault, Jerry W. Poole, Sr., Darnell Rowe, Nadine Rowe by Matthew Patrick Teague (Teague, Matthew)
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Filing 558
MINUTE entry before the Honorable Matthew F. Kennelly: The Clerk is directed to remove document no. # 557 from this case and open a new case using complaint # 557 to be associated with this MDL. Mailed notice. (pjg, )
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Filing 557
INCORRECT pdf document linked - Modified by Clerks Office. (sxw)
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Filing 556
NOTICE of Motion by Greg McEwen for presentment of motion to substitute attorney # 555 before Honorable Matthew F. Kennelly on 1/21/2015 at 09:30 AM. (McEwen, Greg)
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Filing 555
MOTION by Plaintiff Roland Bass to substitute attorney Gregory N. McEwen (Attachments: # 1 Supplement Plaintiff's Motion for Leave to Substitute Counsel, # 2 Text of Proposed Order Proposed Order)(McEwen, Greg)
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Filing 554
NOTICE of Motion by Greg McEwen for presentment of motion to substitute attorney # 553 before Honorable Matthew F. Kennelly on 1/21/2015 at 09:30 AM. (McEwen, Greg)
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Filing 553
MOTION by Plaintiff Albert Tooley Lint to substitute attorney Gregory N. McEwen (Attachments: # 1 Supplement Plaintiff's Motion for Leave to Substitute Counsel, # 2 Text of Proposed Order Proposed Order)(McEwen, Greg)
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Filing 552
MINUTE entry before the Honorable Matthew F. Kennelly: Applications to appear pro hac vice # 509 and # 537 are granted. Counsel are directed to contact the Clerk's Office to establish e-filing accounts in this district. Mailed notice. (pjg, )
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Filing 551
ATTORNEY Appearance for Plaintiffs Barry Boles, Ronald E. Millender, Jerry B. Rickles, Kenneth W. Walker, Jr, Dwight Wyers by Gary A Anderson (Anderson, Gary)
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Filing 550
ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories, Inc. by Shawn Gebhardt (Gebhardt, Shawn)
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Filing 548
TRANSCRIPT OF PROCEEDINGS held on 12/8/14 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785,[email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/2/2015. Redacted Transcript Deadline set for 2/12/2015. Release of Transcript Restriction set for 4/13/2015. (Brennan, Laura)
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Filing 546
ATTORNEY Appearance for Defendants Eli Lilly and Company, Lilly USA, LLC by Robert D. Phillips, Jr (Phillips, Robert)
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Filing 545
Joint Agenda for January 13, 2015 Case Management Conference by Plaintiff's Steering Committee (Miracle, Trent)
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Filing 544
STATUS Report Joint Status Report for January 13, 2015 Case Management Conference by Plaintiff's Steering Committee (Miracle, Trent)
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Filing 543
ATTORNEY Appearance for Plaintiffs Don Estep, Clarence Evans, Roger Hull by John P. Parisi (Parisi, John)
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Filing 542
AMENDED CASE MANAGEMENT ORDER NO. 17 (Coordination with state court cases - appointing Indiana and California liaison counsel), signed by the Honorable Matthew F. Kennelly on 1/7/2015. (mk)
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Filing 541
NOTICE of Motion by Timothy J. Becker for presentment of motion for discovery, # 539 before Honorable Matthew F. Kennelly on 1/13/2015 at 01:30 PM. (Becker, Timothy)
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Filing 540
MINUTE entry before the Honorable Matthew F. Kennelly: Lead counsel are directed to file a joint status report and proposed agenda for the 1/13/2015 case management conference by no later than the close of business on 1/9/2015. (mk)
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Filing 547
CONDITIONAL TRANSFER ORDER (CTO-47) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (meg, )
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Filing 539
MOTION by Plaintiff Plaintiff's Steering Committee for discovery regarding Deposition Protocol (Attachments: # 1 Notice of Filing of Motion, # 2 Memorandum of Law, # 3 Affidavit of Timothy J. Becker, # 4 Exhibit 1)(Becker, Timothy)
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Filing 538
Defendants' Memorandum in Support of Their Proposed Case Management Order for a Deposition Protocol by AbbVie, Inc., Abbott Laboratories, Inc., Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Auxilium Pharmaceuticals, Inc., Eli Lilly and Company, Endo Pharmaceuticals, Inc., Lilly USA, LLC, Pfizer, Inc., Pharmacia & Upjohn Company LLC, Watson Laboratories, Inc., a Nevada corporation (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Certificate of Service)(Sullivan, Thomas)
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Filing 537
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10205775. (Tarvin, Anne)
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Filing 549
CONDITIONAL TRANSFER ORDER (CTO-46) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (meg, )
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Filing 536
FIRST Amended Complaint by Joe Arline (Schnieders, Christopher)
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Filing 535
ATTORNEY Appearance for Plaintiff Joe Arline by Christopher L Schnieders (Schnieders, Christopher)
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Filing 534
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by West-Ward Pharmaceuticals (Geoppinger, Jeffrey)
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Filing 533
ATTORNEY Appearance for Defendant West-Ward Pharmaceuticals by Jeffrey Daniel Geoppinger (Geoppinger, Jeffrey)
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Filing 532
ATTORNEY Appearance for Defendant West-Ward Pharmaceuticals by Jeffrey Francis Peck (Peck, Jeffrey)
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Filing 531
ATTORNEY Appearance for Defendant West-Ward Pharmaceuticals by Joseph P Thomas (Thomas, Joseph)
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Filing 530
SUMMONS Returned Executed by Timothy Moore as to Abbott Laboratories, Inc. on 12/3/2014, answer due 12/24/2014. (Behan, Wendy)
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Filing 529
SUMMONS Returned Executed by Timothy Moore as to AbbVie, Inc. on 12/4/2014, answer due 12/25/2014. (Behan, Wendy)
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Filing 528
SUMMONS Returned Executed by Michael Ruede as to Auxilium Pharmaceuticals, Inc. on 12/5/2014, answer due 12/26/2014. (Behan, Wendy)
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Filing 527
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Watson Laboratories Inc. (Geoppinger, Jeffrey)
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Filing 526
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 12/23/2014: For the reasons stated in the accompanying decision, the Court grants defendants' motions to dismiss in part [dkt. nos. 66 & 72]. The Court grants the motion to dismiss as to Kenneth Montgomery's complaint, with leave to amend. The Court also grants the motion to dismiss as to each plaintiff's express warranty claim. The motion to dismiss is otherwise denied. Counsel for plaintiffs and defendants are directed to promptly confer in order to present to the Court prior to the next case management conference a proposal concerning the timing of defendants' responses to the remaining complaints and how defendants may preserve in those responses points the Court has rejected and specific state-law arguments the Court has declined to address at this juncture. (mk)
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Filing 525
NOTICE of Motion by Trent B. Miracle for presentment of motion for miscellaneous relief # 524 before Honorable Matthew F. Kennelly on 1/13/2015 at 01:30 PM. (Miracle, Trent)
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Filing 524
MOTION by In Re In Re: Testosterone Replacement Therapy Products Liability LitigationNominate State-Federal Liaison Counsel (Miracle, Trent)
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Filing 523
CASE MANAGEMENT ORDER NO. 19 (Case Management Plan as to principal non-AbbVie defendants) signed by the Honorable Matthew F. Kennelly on 12/19/2014. (mk)
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Filing 522
CASE MANAGEMENT ORDER NO. 18 (Service of Process), signed by the Honorable Matthew F. Kennelly on 12/18/2014. This order is entered by the agreement of the parties in this MDL proceeding. (mk)
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Filing 521
CONDITIONAL TRANSFER ORDER (CTO-45) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (meg, )
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Filing 520
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to substitute party # 514 before Honorable Matthew F. Kennelly on 1/13/2015 at 01:30 PM. (Johnson, Ronald)
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Filing 519
CONDITIONAL TRANSFER ORDER (CTO-44) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (lcw, )
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Filing 518
ATTORNEY Appearance for Defendant Watson Laboratories Inc. by Kerry Carson Green (Green, Kerry)
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Filing 517
ATTORNEY Appearance for Defendant Watson Laboratories Inc. by Jeffrey Daniel Geoppinger (Geoppinger, Jeffrey)
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Filing 516
ATTORNEY Appearance for Defendant Watson Laboratories Inc. by Jeffrey Francis Peck (Peck, Jeffrey)
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Filing 515
ATTORNEY Appearance for Defendant Watson Laboratories Inc. by Joseph P Thomas (Thomas, Joseph)
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Filing 514
MOTION by Plaintiffs Christopher Hughes, Judy Hughes to substitute party (Attachments: # 1 Exhibit Statement Noting Death, # 2 Exhibit Amended Complaint)(Johnson, Ronald)
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Filing 513
Statement of Death - Christopher Hughes by Christopher Hughes, Judy Hughes (Johnson, Ronald)
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Filing 512
REQUEST for Clerk of Court to refund filing fee in the amount of 50.00, receipt no. 075210136037, (Moore, Jennifer)
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Filing 511
CASE MANAGEMENT ORDER NO. 17 (coordination with state court cases), signed by the Honorable Matthew F. Kennelly on 12/13/2014. (mk)
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Filing 510
NOTICE of Voluntary Dismissal by Joseph Hardee, Rebecca Hardee (Johnson, Ronald)
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Filing 509
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10143797. (Mccarley, Matthew)
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Filing 508
SUMMONS Returned Executed by Jennifer S. Adams, Ronald J. Adams as to Actavis Inc. on 11/17/2014, answer due 12/8/2014; Watson Pharmaceuticals, Inc. on 11/17/2014, answer due 12/8/2014. (Teague, Matthew)
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Filing 507
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10136037. (Moore, Jennifer) (Modified by Clerk's Office on 12/11/2014) (sxw).
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Filing 506
MINUTE entry before the Honorable Matthew F. Kennelly: Motion by plaintiff Lori Lueck to amend/correct complaint # 297 is granted. Mailed notice. (pjg, )
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Filing 505
MINUTE entry # 504 is corrected to indicate the previously set case management conference remains set for 1/13/2015 at 1:30 p.m. All other aspects of entry # 504 remain. Mailed notice. (pjg, )
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Filing 504
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 12/8/2014. Discussions held on all points on the agenda. The Court takes the matter regarding proposals for the state-federal coordination order under advisement. Simultaneous proposals of non-AbbVie case management plan and a proposed agreed order or parties' proposals regarding deposition protocol shall be submitted no later than 1/6/2015. Motion by plaintiff, Teresa LaRoche to amend complaint # 279 is granted. The previously set case management conference remains set for 1/12/2015 at 1:30 p.m. In addition, case management conferences are set for 2/13/2015 at 1:30 p.m. and 3/13/2015 at 1:30 p.m. (pjg, )
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Filing 503
MINUTE entry before the Honorable Matthew F. Kennelly: The motion to withdraw the appearances of Steven J. Rothman and Joanne M. O'Connor as attorneys for defendant Actavis is granted. (mk)
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Filing 502
NOTICE of Correction regarding # 499 . (rm, )
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Filing 501
NOTICE of Motion by Plaintiff Teresa LaRoche for hearing re other # 279 (Teague, Matthew) (Docket Text Modified by Clerk's Office on 12/8/2014) (sxw)
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Filing 500
Joint Agenda for December 8, 2014 Case Management Conference by AbbVie, Inc., Abbott Laboratories, Inc. (Glauberman, Scott)
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Filing 499
INCORRECT PDF document linked. (Glauberman, Scott) (Docket Text Modified by the Clerk's Office on 12/5/2014) (rm, ).
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Filing 498
STATUS Report (Joint) by AbbVie, Inc., Abbott Laboratories, Inc. (Glauberman, Scott)
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Filing 497
Defendants' Submission in Support of their Proposed Case Management Order on Coordination with State Court Cases by AbbVie, Inc., Abbott Laboratories, Inc. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1-10)(Glauberman, Scott)
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Filing 496
Plaintiffs' Executive Committee Submission Concerning Federal-State Coordination by Plaintiffs' Executive Committee Plaintiffs' Executive Committee Submission Concerning Federal-State Coordination (Attachments: # 1 Exhibit Exhibit A - Proposed Order, # 2 Exhibit Exhibit B - Judge Pallmeyer's NexGen Knee Order)(Perkins, Brian)
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Filing 495
NOTICE of Correction regarding # 492 . (sxw)
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Filing 494
CONDITIONAL TRANSFER ORDER (CTO-43) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (meg, )
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Filing 493
MINUTE entry before the Honorable Matthew F. Kennelly: Liaison counsel for both sides are directed to file a proposed agenda for the upcoming case management conference, by no later than the close of business on 12/4/2014. (mk)
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Filing 492
Duplicate entry of Document No. 493. (mk) (Modified by Clerk's Office on 12/03/2014).
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Filing 491
CONDITIONAL TRANSFER ORDER (CTO-42) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (meg, )
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Filing 490
ATTORNEY Appearance for Defendants Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Watson Laboratories, Inc., a Nevada corporation by Jeffrey R Schaefer (Schaefer, Jeffrey)
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Filing 489
CONDITIONAL TRANSFER ORDER (CTO-41) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (meg, )
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Filing 488
CORRECTED CASE MANAGEMENT ORDER NO. 16 (establishing common benefit funds) signed by the Honorable Matthew F. Kennelly on 11/25/2014. (mk)
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Filing 487
CONDITIONAL TRANSFER ORDER (CTO-40) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (lcw, )
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Filing 486
CASE MANAGEMENT ORDER NO. 16 (establishing common benefit funds) signed by the Honorable Matthew F. Kennelly on 11/23/2014. (mk)
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Filing 485
TRANSCRIPT OF PROCEEDINGS held on 9/23/14 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/12/2014. Redacted Transcript Deadline set for 12/22/2014. Release of Transcript Restriction set for 2/19/2015. (Brennan, Laura)
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Filing 484
TRANSCRIPT OF PROCEEDINGS held on 7/29/14 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/12/2014. Redacted Transcript Deadline set for 12/22/2014. Release of Transcript Restriction set for 2/19/2015. (Brennan, Laura)
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Filing 483
TRANSCRIPT OF PROCEEDINGS held on 7/17/14 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/12/2014. Redacted Transcript Deadline set for 12/22/2014. Release of Transcript Restriction set for 2/19/2015. (Brennan, Laura)
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Filing 482
NOTICE of Voluntary Dismissal by Gary Carpenter (Johnson, Ronald)
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Filing 481
NOTICE of Motion by Joanne M. O'connor for presentment of motion to withdraw as attorney # 480 before Honorable Matthew F. Kennelly on 12/9/2014 at 09:30 AM. (O'connor, Joanne)
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Filing 480
MOTION by counsel for Defendant Actavis Inc. to withdraw as attorney (O'connor, Joanne)
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Filing 479
REPLY by Brian Potts, Sandra Potts to memorandum in opposition to motion, # 465 , Response # 466 (Geisler, Ephraim)
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Filing 478
CONDITIONAL TRANSFER ORDER (CTO-39) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (lcw, )
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SUMMONS Issued as to Defendants Pfizer, Inc., Pharmacia & Upjohn Company LLC (jp, )
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Filing 477
CONDITIONAL TRANSFER ORDER (CTO-37) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (lcw, )
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Filing 476
CONDITIONAL TRANSFER ORDER (CTO-36) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (lcw, )
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Filing 475
ATTORNEY Appearance for Plaintiffs Charles Wayne Mantooth, Bobby J Martin, Robert Wayne Newell by Gary A Anderson (Anderson, Gary)
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Filing 474
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the proposed case management order establishing common benefit fee and expense funds. Because the order involves assessments that will be paid or owed by parties and attorneys in not-yet-filed cases who, by definition, are not yet before the Court, the Court wishes to make sure that the assessments are fair and reasonable. The Court believes, admittedly based on less than complete information, that the assessment percentages proposed are higher than the norm or the average for MDL products liability matters. The plaintiffs' steering committee is invited to submit a justification of the particular assessments proposed, by no later than 11/18/2014. (mk)
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Filing 473
ATTORNEY Appearance for Plaintiffs Neil Bourgeois, Eric Cassius, Roy E. Chapman, Ronald J. Adams, Gary Emberton, James Glover, David R. Godsey, Edgar Hayes, Kevin Hutcherson, Robert L. King, Robert G. Kocak, Thomas McKee, Brenton Nelson, Jerry F. Raney, Richard A. Reed, David M. Tillman, Patrick M. Zimmerman by Matthew Patrick Teague (Teague, Matthew)
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Filing 472
ATTORNEY Appearance for Defendant Actavis, Inc. by Joseph P Thomas (Thomas, Joseph)
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Filing 471
ATTORNEY Appearance for Defendant Actavis, Inc. by Jeffrey Daniel Geoppinger (Geoppinger, Jeffrey)
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Filing 470
CONDITIONAL TRANSFER ORDER (CTO-35) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (meg, )
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Filing 469
(corrected) CASE MANAGEMENT ORDER NO. 15 (Protocol for electronically stored information (ESI) production format) signed by the Honorable Matthew F. Kennelly on 11/6/2014. (mk)
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Filing 468
CASE MANAGEMENT ORDER NO. 15 (Protocol for electronically stored information (ESI) production format), signed by the Honorable Matthew F. Kennelly on 11/6/2014. (mk)
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Filing 467
CASE MANAGEMENT ORDER NO. 14 (AbbVie bellwether cases - selection and pretrial / trial schedule), signed by the Honorable Matthew F. Kennelly on 11/6/2014. (mk)
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Filing 466
RESPONSE by Defendant Gregory S. Funk to motion to remand # 419 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Frazer, Ross)
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Filing 465
MEMORANDUM by Auxilium Pharmaceuticals Inc. in Opposition to motion to remand # 419 Defendant Auxilium Pharmaceuticals Inc.'s Memorandum of Law in Opposition To Plaintiffs' Motion for Remand (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Diamantatos, Tinos)
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Filing 464
MEMORANDUM Plaintiffs' Steering Committees' Supplemental Submission in Support of its Proposed Unified Case Management Plan (Perkins, Brian)
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Filing 463
MEMORANDUM by AbbVie, Inc., Abbott Laboratories, Inc. in further support of their revised case schedule (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1-4)(Glauberman, Scott)
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Filing 462
ATTORNEY Appearance for Plaintiff Randy Martina by Michael Edward Pederson (Pederson, Michael)
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Filing 461
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 11/4/2014. Discussions held on all points on the agenda. The Court will consider any further submissions regarding discovery protocol that are filed by the close of business on 11/5/2014. Mailed notice. (pjg, )
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Filing 460
CONDITIONAL TRANSFER ORDER (CTO-34) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (meg, )
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Filing 459
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, and as discussed at the 10/24/2014 case management conference, the January 2015 case management conference is reset from 1/12/2015 to 1/13/2015 at 1:30 PM. (mk)
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SUMMONS Issued as to Defendants AbbVie, Inc., Abbott Laboratories, Inc. (jp, )
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Filing 458
ATTORNEY Appearance for Plaintiff James Ludovicz by Kathleen Currie Chavez (Chavez, Kathleen)
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Filing 457
ATTORNEY Appearance for Plaintiff Victor Malabe by Kathleen Currie Chavez (Chavez, Kathleen)
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Filing 456
ATTORNEY Appearance for Plaintiff Roger Gosnell by Kathleen Currie Chavez (Chavez, Kathleen)
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Filing 455
CASE MANAGEMENT ORDER NO. 13 (case management plan - part 1), signed by the Honorable Matthew F. Kennelly on 10/31/2014. (mk)
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Filing 454
Notice of Substitution of Counsel by James Ludovicz (Chavez, Kathleen)
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Filing 453
Notice of Substitution of Counsel by Victor Malabe (Chavez, Kathleen)
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Filing 452
Notice of Substitution of Counsel by Roger Gosnell (Chavez, Kathleen)
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Filing 451
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has received and reviewed plaintiffs' proposed case management plan as well as a case management plan proposed by the AbbVie defendants, all of which were filed simultaneously. The Court has the following comments: (1) The Court intends to enter today an order consistent with paragraphs I, II.A, and VII.A-C of plaintiffs' proposed case management order. Plaintiffs are directed to immediately submit to Judge Kennelly's proposed order e-mail address a complete Word version of Exhibit A to their memorandum, which the Court will modify as indicated. (2) AbbVie's proposal includes a request to initially focus expert discovery (though not fact discovery) on general causation, to be followed by Daubert and summary judgment motions addressing that issue. It is apparent from plaintiffs' memorandum that they were unaware that AbbVie would offer a proposal of this nature, and as a result they have not commented on it. (3) It appears that all parties anticipate a some different schedule for the non-AbbVie defendants. This was evidently contemplated in their earlier-filed initial proposals as well. The Court confesses that it did not focus on this point at the time. As best as the Court can determine, neither side's proposal appears to propose dates or deadlines regarding the non-AbbVie defendants. (Plaintiff's memorandum proposes that discovery regarding the non-AbbVie defendants "will proceed on a track that trails behind discovery served upon the AbbVie defendants," but it offers no specifics and no indication of when specifics will be proposed.) The Court finds this problematic; as indicated at the last case management conference, the Court intends to get the proceedings moving ahead expeditiously, and the absence of any proposed dates or deadlines for discovery relating to the non-AbbVie defendants may make it difficult to accomplish that goal. For these reasons , the Court sets the matter for a brief hearing on Tuesday, 11/4/2014 at 1:30 PM, to address the following points: (a) AbbVie's proposal for structuring expert discovery and Daubert and summary judgment motions; (b) why there should be a different discovery track for the non-AbbVie defendants, and how exactly it should differ; and (c) setting a short deadline for submission of a proposed case management plan with regard to cases involving the non-AbbVie defendants. The Court advises that the hearing date is not subject to change, and because the Court will be on trial, the parties should be prepared to address these points directly and succinctly. (mk)
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Filing 450
MEMORANDUM In Support of Plaintiffs' Proposed Unified Case Management Plan (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)(Perkins, Brian)
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Filing 449
MEMORANDUM by AbbVie, Inc., Abbott Laboratories, Inc. in support of their revised case schedule (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-D)(Glauberman, Scott)
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Filing 448
TRANSCRIPT OF PROCEEDINGS held on 7/10/14 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/20/2014. Redacted Transcript Deadline set for 12/1/2014. Release of Transcript Restriction set for 1/28/2015. (Brennan, Laura)
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Filing 447
MINUTE entry before the Honorable Matthew F. Kennelly:The motion to clarify # 443 filed in the Potts case is terminated, because clarification is unnecessary. The motion to remand is already on the docket in the MDL case. See docket entry 419. For instructions regarding filing of documents, counsel should consult MDL Case Management Order No. 1 (docket entry 85) and may also consult with liaison counsel. (mk)
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Filing 446
MINUTE entry before the Honorable Matthew F. Kennelly:The motion to clarify # 443 filed in the Potts case is terminated, because clarification is unnecessary. The motion to remand is already on the docket in the MDL case. See docket entry 419. For instructions regarding filing of documents, counsel should consult MDL Case Management Order No. 1 (docket entry 85) and may also consult with liaison counsel. (mk)
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Filing 445
MINUTE entry before the Honorable Matthew F. Kennelly: The Court clarifies minute entry # 441 with respect to a deposition protocol order. The parties announce they will begin to meet and confer regarding the deposition process. The parties are to report their progress in a joint status report prior to the next case management conference. Mailed notice. (pjg, )
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Filing 444
Notice of Substitution of Counsel by Nancy M Paul, Richard G Paul (Johnson, Ronald)
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Filing 443
MOTION by Plaintiffs Brian Potts, Sandra Potts to clarify (Geisler, Ephraim)
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Filing 442
CONDITIONAL TRANSFER ORDER (CTO-32) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (lcw, )
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Filing 441
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 10/24/2014. Discussions held on all items listed on the joint agenda. The parties are to submit simultaneous submissions regarding the proposed state/federal coordination order by 12/3/2014. Argument heard regarding proposals for a unified case management plan. The Court declines to bifurcate discovery as proposed by defendants and has made suggestions regarding possible modifications to plaintiffs' proposed draft order, regarding the selection of bellwether cases. An agreed order, or separate proposals with supporting justifications, is to be submitted to the Court by no later than 10/30/2014. The parties advise they expect to shortly reach agreements regarding a common benefit fund order and a deposition protocol order; proposed orders are to be submitted to the Court by 10/30/2014. A revised version of the draft order regarding the ESI protocol is to be submitted promptly to Judge Kennelly's proposed order email address. The parties are continuing to confer on proposals for additions or changes to the courts MDL No. 2545 website and are to submit proposals in the status report to be filed prior to the next case management conference. The Courts decision regarding a possible alternative date for the January 2015 case management conference will be reached in the near future. The previously set case management conference remains set for 12/8/2014 at 1:30 p.m. (pjg, )
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Filing 440
CASE MANAGEMENT ORDER NO. 12 (direct filing of cases in Northern District of Illinois) signed by the Honorable Matthew F. Kennelly on 10/24/2014. (mk)
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Filing 439
MINUTE entry before the Honorable Matthew F. Kennelly: The call in phone number for the teleconference today is 888.684.8852, Access Code 7461053. (pjg, )
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Filing 438
CASE MANAGEMENT ORDER NO. 9A (approved form of authorization for release of Medicare records) signed by the Honorable Matthew F. Kennelly on 10/23/2014. (mk)
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Filing 437
MINUTE entry before the Honorable Matthew F. Kennelly: The case of Potts, et al. v. Auxilium Pharmaceuticals, Inc., et al. was recently transferred from the Southern District of Alabama to this Court as part of MDL 2545. Plaintiffs' counsel has filed in the MDL file (Case No. 14 C 1748) a notice of the pendency of a motion to remand. The docket for the individual case (Case No. 14 C 7902) includes the motion to remand but no other briefing. Defendants are directed to respond to the motion by no later than 11/6/2014. Plaintiffs are directed to reply to the response by no later than 11/20/2014. If a response and/or reply were filed in the Southern District of Alabama, counsel are directed to promptly refile them in the MDL proceeding. The Court takes under advisement the request for oral argument and will determine in due course whether to hear oral argument. (mk)
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Filing 436
CONDITIONAL TRANSFER ORDER (CTO-33) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (meg, )
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Filing 435
NOTICE by Andrew Keith Solow of Change of Address (Solow, Andrew)
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Filing 434
CASE MANAGEMENT ORDER NO. 11 (preservation of records) signed by the Honorable Matthew F. Kennelly on 10/22/2014. (mk)
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Filing 433
NOTICE by Glenn J. Pogust of Change of Address (Pogust, Glenn)
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Filing 432
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' lead and liaison counsel and defendants' liaison counsel are jointly directed to send to Judge Kennelly's proposed order e-mail address Word-format versions of the authorizations that accompany the previously-approved plaintiff's fact sheet, by no later than the close of business on 10/22/2014. The court, via Judge Kennelly's courtroom deputy, has made several requests to plaintiff's liaison counsel for these documents over the last week but they have not yet been provided, which is why this order is being entered. The court has received calls from counsel asking for Word versions of these documents to be posted on the MDL 2545 website so they can download them. (mk)
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Filing 431
NOTICE by AbbVie, Inc., Abbott Laboratories, Inc. of Filing (Attachments: # 1 Exhibit 1)(Ronk, Marissa)
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Filing 430
CASE MANAGEMENT ORDER NO. 10 (ESI production format) signed by the Honorable Matthew F. Kennelly on 10/21/2014. (mk)
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Filing 429
MEMORANDUM by AbbVie, Inc., Abbott Laboratories, Inc. in support of their proposed case schedule (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Index of Exhibits, # 4 Exhibit 1-10)(Glauberman, Scott)
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Filing 428
MEMORANDUM Memorandum In Support of Plaintiffs' Proposed Unified Case Management Plan (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Perkins, Brian)
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Filing 427
ATTORNEY Appearance for Plaintiffs Abner Daniels, Roger Gosnell, Edward Houston, Horace Hunt, James Ludovicz, Victor Malabe, Charles Marsee, Darrell Mayo, John Sheets, Mitchell Sobley, James Walker, Benjamin Weathers, Tommy Wilson, Warren Wolfe by Dennis G. Pantazis, Jr (Pantazis, Dennis)
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Filing 426
CONDITIONAL TRANSFER ORDER (CTO-30) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (lcw, )
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Filing 425
ATTORNEY Appearance for Plaintiffs Abner Daniels, Roger Gosnell, Edward Houston, Horace Hunt, James Ludovicz, Victor Malabe, Charles Marsee, Darrell Mayo, John Sheets, Mitchell Sobley, James Walker, Benjamin Weathers, Tommy Wilson, Warren Wolfe by Patrick Pantazis (Pantazis, Patrick)
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Filing 424
JOINT Agenda for October 24, 2014 Case Management Conference by AbbVie, Inc., Abbott Laboratories, Inc. (Glauberman, Scott) Modified on 10/20/2014 (sxw, ).
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Filing 423
STATUS Report (Joint) by AbbVie, Inc., Abbott Laboratories, Inc. (Glauberman, Scott)
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Filing 422
ADDITIONAL STATEMENT In Support of PSC's Supplemental Brief Regarding the Format of Production of Electronically Stored Information by Defendants Document No. 376 STATEMENT by Plaintiff's Steering Committee (Attachments: # 1 Affidavit)(Miracle, Trent) (Docket Text Modified on 10/20/2014 (sxw).
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Filing 421
MINUTE entry before the Honorable Matthew F. Kennelly: Based on the show cause statement filed by certain defendants (Case No. 14 C 1748, dkt. no. # 390 ), and for the reasons stated in the Court's memorandum opinion and order regarding Estep v. Pharmacia & Upjohn, Inc., 2014 WL 4638679 (N.D. Ill. Sept. 15, 2014) (dkt. no. # 369 ), the motions of plaintiffs Howard Hulon and Henry Bias to remand their cases to state court are both granted (dkt. nos. {350] & # 353 ). The Clerk is directed to remand the Hulon case (14 C 5857) and the Bias case (14 C 5855) to the Circuit Court of Cook County. No attorney's fees are awarded in connection with the removal and remand. (pjg, )
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Filing 420
CONDITIONAL TRANSFER ORDER (CTO-29) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (lcw, )
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Filing 419
MOTION by Plaintiffs Brian Potts, Sandra Potts to remand [Pending] (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Geisler, Ephraim)
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Filing 418
CONDITIONAL TRANSFER ORDER (CTO-28) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (lcw, )
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Filing 417
WAIVER of Service of Summons filed by Plaintiffs Aron Lewington, Christine Lewington served 10/10/2014 on ProStrakan Group PLC (Winthrop, Griffith) (Docket Text Modified on 10/17/2014).
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Filing 416
WAIVER of Service of Summons served 08/22/2014 on Endo Pharmaceuticals, Inc. (Winthrop, Griffith) (Docket Text Modified by Clerk's Office on 10/17/2014).
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Filing 415
SUMMONS Returned Executed by Sandra R. Garner as to Pfizer Inc. on 9/3/2014, answer due 9/30/2014. (Teague, Matthew) Docket Text Modified by Clerk's Office on 10/15/2014 (sxw).
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Filing 414
SUMMONS Returned Executed by Sandra R. Garner as to Auxilium Pharmaceuticals Inc. on 9/4/2014, answer due 10/23/2014. (Teague, Matthew)
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Filing 413
SUMMONS Returned Executed by Cheryl Cunningham as to Pfizer Inc. on 9/9/2014, answer due 9/30/2014. (Teague, Matthew)
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Filing 412
ATTORNEY Appearance for Plaintiffs Brian Potts, Sandra Potts by Ephraim Samuel Geisler (Geisler, Ephraim)
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Filing 411
MINUTE entry before the Honorable Matthew F. Kennelly: The Court advises that it will need to reschedule the 1/12/2015 case management conference and proposes to move it to the following day, 1/13/2015. This will be discussed further at the 10/24/2014 status conference. (mk)
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Filing 410
SUMMONS Returned Executed by Larry D. Hupp as to Auxilium Pharmaceuticals Inc. on 10/2/2014, answer due 10/23/2014. (Teague, Matthew)
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Filing 409
SUMMONS Returned Executed by Larry D. Hupp as to AbbVie, Inc. on 10/1/2014, answer due 10/22/2014. (Teague, Matthew)
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Filing 408
SUMMONS Returned Executed by Larry D. Hupp as to Abbott Laboratories, Inc. on 10/1/2014, answer due 10/22/2014. (Teague, Matthew)
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Filing 407
SUMMONS Returned Executed by John C. Hall (Teague, Matthew)
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Filing 406
SUMMONS Returned Executed by Cheryl Cunningham as to AbbVie, Inc. on 9/24/2014, answer due 10/15/2014. (Teague, Matthew)
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Filing 405
SUMMONS Returned Executed by Cheryl Cunningham as to Abbott Laboratories, Inc. on 9/24/2014, answer due 10/15/2014. (Teague, Matthew)
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Filing 404
ATTORNEY Appearance for Defendant Gregory S. Funk by Ross Alexander Frazer (Frazer, Ross)
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Filing 403
ATTORNEY Appearance for Defendant Gregory S. Funk by Michael E. Upchurch (Upchurch, Michael)
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Filing 402
MINUTE entry before the Honorable Matthew F. Kennelly: Motions by defendants GlaxoSmithKline, LLC # 395 and AbbVie / Abbott Laboratories # 397 for extension of time to serve initial disclosures are granted. GlaxoSmithKline's deadline is extended to 10/23/2014, and AbbVie / Abbott's deadline is extended to 10/16/2014. (mk )
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Filing 401
ATTORNEY Appearance for Defendant Prostrakan Group Plc. by Ernest F Koschineg, III (Koschineg, Ernest)
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Filing 400
ATTORNEY Appearance for Defendant Prostrakan Group Plc. by Carolyn M Purwin (Purwin, Carolyn)
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Filing 399
CONDITIONAL TRANSFER ORDER from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (lcw, )
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Filing 398
NOTICE of Motion by Scott P. Glauberman for presentment of extension of time # 397 before Honorable Matthew F. Kennelly on 10/14/2014 at 09:30 AM. (Glauberman, Scott)
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Filing 397
MOTION by Defendants AbbVie, Inc., Abbott Laboratories, Inc. for extension of time to Serve Initial Disclosures (AGREED) (Glauberman, Scott)
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Filing 396
NOTICE of Motion by Tinos Diamantatos for presentment of extension of time # 395 before Honorable Matthew F. Kennelly on 10/14/2014 at 09:30 AM. (Diamantatos, Tinos)
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Filing 395
MOTION by Defendant GlaxoSmithKline LLC for extension of time to serve its Disclosures as Required by CMO7 (Diamantatos, Tinos)
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Filing 394
REPLY by Defendants AbbVie, Inc., Abbott Laboratories, Inc. in support of the document production format (Attachments: # 1 Exhibit A- Declaration of Ryan D. Darby, # 2 Exhibit B- Declaration of John J Rosenthal)(Glauberman, Scott)
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Filing 393
ATTORNEY Appearance for Plaintiff Melody K Sellers by Gary A Anderson (Anderson, Gary)
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Filing 392
CASE MANAGEMENT ORDER NO. 9 (Plaintiff Fact Sheets and Records Authorizations) signed by the Honorable Matthew F. Kennelly on 10/6/2014. (mk)
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Filing 391
CONDITIONAL TRANSFER ORDER (CTO-27) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (nf, )
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Filing 390
RESPONSE to Order to Show Cause (Glauberman, Scott)
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Filing 389
ATTORNEY Appearance for Plaintiffs Ronald L Ferri, Larry D. Hupp, Claudia Hayes, Reginald M Brannan by Matthew Patrick Teague (Teague, Matthew)
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Filing 388
CONDITIONAL TRANSFER ORDER (CTO-26) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (lcw, )
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Filing 387
CONDITIONAL TRANSFER ORDER (CTO-25) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545.(lcw, )
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Filing 386
REPLY by Defendants Auxilium Pharmaceuticals, Inc., Eli Lilly and Company, Endo Pharmaceuticals, Inc., Lily USA, LLC to motion to dismiss # 66 , motion to dismiss, # 70 / REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF DEFENDANTS ENDO PHARMACEUTICALS INC.'S, ELI LILLY AND COMPANY AND LILLY USA, LLC'S, AND AUXILIUM PHARMACEUTICALS, INC.'S MOTION TO JOIN AND SUPPLEMENT DEFENDANTS' MOTION TO DISMISS AMENDED COMPLAINTS (Attachments: # 1 Unpublished Cases)(Solow, Andrew)
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Filing 385
REPLY by Defendants AbbVie, Inc., Abbott Laboratories, Inc. to motion to dismiss # 66 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ronk, Marissa)
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Filing 384
NOTICE by Sandra R. Garner of Summons Returned Executed (Attachments: # 1 Affidavit of Service - Actavis, # 2 Affidavit of Service - Auxilium, # 3 Affidavit of Service - Pfizer)(Teague, Matthew)
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Filing 383
NOTICE by Cheryl Cunningham of Summons Returned Executed (Attachments: # 1 Affidavit of Service)(Teague, Matthew)
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Filing 382
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held. The parties advise they have reached or are hopeful of reaching agreements regarding the form for plaintiff's fact sheets and a document preservation order. Agreed orders are to be submitted promptly to Judge Kennelly's proposed order email address; if agreements are not reached, these matters are to be addressed in the status report to be filed prior to the next case management conference. Plaintiffs' motion to exceed page limit # 375 regarding ESI protocol is granted. Defendants' final reply regarding proposed ESI production format is to be filed by 10/7/2014. Regarding the two pending motions to remand, the defendant(s) in those matters are ordered to show cause in writing by 10/3/2014 why the Court should not proceed in the same manner as in its recent ruling in the Estep case. The previously set case management conference remains set for 10/24/2014 at 9:00 a.m. A proposed agenda as well as a joint status report, containing the parties' positions on contested matters and on a unified case management plan, as well as the status of discussions regarding a state/federal coordination order and a defense fact sheet, are to be filed by 10/17/2014. The status report should also include proposals for modifications to the court's MDL 2545 website, unless proposals in that regard are submitted prior to 10/17/2014. Future case management conferences will be held on 12/8/2014 at 1:30 p.m. and 1/12/2015 at 1:30 p.m. (pjg, )
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Filing 381
CONDITIONAL TRANSFER ORDER (CTO-24) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545.(lcw, )
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Filing 380
MINUTE entry before the Honorable Matthew F. Kennelly: The Court advises that counsel who cannot attend the 9/23/2014 status hearing but wish to listen may do so via telephone by calling (888) 622-5357; participant code: 617106. Callers may begin joining the conference call at 1:25 p.m. The Court will join in from the courtroom at approximately 1:30 p.m. No person listening in by telephone will be permitted to speak; the call-in option is for listening only. An in-person appearance will be required for any attorney or other person who wishes to be heard. (pjg, )
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Filing 379
CONDITIONAL TRANSFER ORDER (CTO-23) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (lcw, )
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Filing 376
PSC's Supplemental Brief by In Re: Testosterone Replacement Therapy Products Liability Litigation PSC's Supplemental Brief Regarding the Format of Production of Electronically Stored Information by Defendants (Attachments: # 1 Exhibit Exhibit A thru C, # 2 Exhibit Exhibit D thru I)(Perkins, Brian)
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Filing 375
MOTION by In Re In Re: Testosterone Replacement Therapy Products Liability Litigation for leave to file excess pages Plaintiffs' Unapposed Motion to Exceed Page Limit (Perkins, Brian)
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Filing 374
STATUS Report Joint Status Report for the September 23, 2014 Case Management Conference by Service List (Perkins, Brian)
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Filing 373
Joint Agenda for September 23, 2014 Case Management Conference by AbbVie, Inc., Abbott Laboratories, Inc. (Glauberman, Scott)
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Filing 372
MINUTE entry before the Honorable Matthew F. Kennelly: By 12:00 noon on 9/19/2014, liaison counsel for plaintiffs and defendants are to file a joint status report, including a proposed agenda for the 9/23/2014 case management conference. (mk)
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Filing 371
ATTORNEY Appearance for Plaintiffs John C. Hall, Carl E. Rackley, Shirley A. Rackley by Matthew Patrick Teague (Teague, Matthew)
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Filing 370
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' unopposed motion for leave to file excess pages # 367 is granted. (mk)
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Filing 378
CONDITIONAL TRANSFER ORDER (CTO-22) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (lcw, )
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Filing 369
MEMORANDUM Opinion and Order written by the Honorable Matthew F. Kennelly on 9/15/2014. For the foregoing reasons, the Court grants plaintiff's motion for remand [Case No. 14 C 1748, docket no. # 204 ]. The Clerk is directed to remand Case No. 14 C 4856 to the Circuit Court of Cook County. Mailed notice.(pjg, )
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Filing 377
CONDITIONAL TRANSFER ORDER (CTO-21) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (lcw, )
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Filing 368
NOTICE of Motion by Scott P. Glauberman for presentment of motion for leave to file excess pages # 367 before Honorable Matthew F. Kennelly on 9/17/2014 at 09:30 AM. (Glauberman, Scott)
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Filing 367
MOTION by Defendants AbbVie, Inc., Abbott Laboratories, Inc. for leave to file excess pages (Glauberman, Scott)
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Filing 366
ATTORNEY Appearance for Plaintiffs Allison White, Caroline White, Kathleen White, Peggy K White by Lawrence B. Finn (Finn, Lawrence)
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Filing 365
CONDITIONAL TRANSFER ORDER (CTO-20) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (lcw, )
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Filing 364
CONDITIONAL TRANSFER ORDER (CTO-19) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (lcw, )
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Filing 363
ORDER LIFTING STAY OF CONDITIONAL TRANSFER ORDER (CTO-10) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (nf, )
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Filing 362
ORDER LIFTING STAY OF CONDITIONAL TRANSFER ORDER (CTO-3) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (nf, )
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Filing 361
ATTORNEY Appearance for Plaintiffs Cheryl Cunningham, Sandra R. Garner, Teresa LaRoche, Scott E Lay, Wanda D Smith, GAIL ALLEGAR, James Sexton by Matthew Patrick Teague (Teague, Matthew)
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Filing 360
MINUTE entry before the Honorable Matthew F. Kennelly: It appears to the Court that the motions to remand noticed for presentment on 9/4/2014 in the Bias and Hulon cases involve the same issues as those involved in the pending and fully-briefed motion to remand in the Estep case. For this reason, the two newly-filed motions (dkt. nos. 350 & 353) are entered and continued until after the Court rules on the Estep matter. No court appearance is necessary on 9/4/2014. (mk)
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Filing 359
ATTORNEY Appearance for Plaintiffs Henry Bias, Howard Hulon by Kevin Paul Noll (Noll, Kevin)
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Filing 358
SUMMONS Returned Executed by Robert Campbell as to Pharmacia & Upjohn Company Inc. on 9/2/2014, answer due 9/23/2014. (Kraft, Kristine)
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Filing 357
SUMMONS Returned Executed by Robert Campbell as to Pfizer Inc. on 9/2/2014, answer due 9/23/2014. (Kraft, Kristine)
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Filing 356
CASE MANAGEMENT ORDER NO. 8 (protective order), signed by the Honorable Matthew F. Kennelly on 9/1/2014. (mk)
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Filing 355
NOTICE of Motion by Robert M. Foote for presentment of motion to remand # 353 before Honorable Matthew F. Kennelly on 9/4/2014 at 09:30 AM. (Foote, Robert)
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Filing 354
MEMORANDUM by Henry Bias in support of motion to remand # 353 (Foote, Robert)
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Filing 353
MOTION by Plaintiff Henry Bias to remand (Foote, Robert)
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Filing 352
NOTICE of Motion by Robert M. Foote for presentment of motion to remand # 350 before Honorable Matthew F. Kennelly on 9/4/2014 at 09:30 AM. (Foote, Robert)
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Filing 351
MEMORANDUM by Howard Hulon in support of motion to remand # 350 (Foote, Robert)
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Filing 350
MOTION by Plaintiff Howard Hulon to remand (Foote, Robert)
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Filing 349
MINUTE entry before the Honorable Matthew F. Kennelly: The motion of Michael Gordon to amend his complaint is granted. (mk)
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Filing 348
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of before Honorable Matthew F. Kennelly on 9/2/2014 at 09:30 AM. (Johnson, Ronald)
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Filing 347
CONDITIONAL TRANSFER ORDER (CTO-18) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (nf, )
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Filing 346
(Corrected) CASE MANAGEMENT ORDER no. 7 (preliminary discovery plan and procedures), signed by the Honorable Matthew F. Kennelly on 8/25/2014. (mk)
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Filing 345
CASE MANAGEMENT ORDER NO. 7 (preliminary discovery plan and procedures), signed by the Honorable Matthew F. Kennelly on 8/25/2014. (mk)
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Filing 344
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held. Motions to amend # 258 , # 260 , # 262 , # 264 , # 266 , # 269 , # 270 , # 271 , # 273 , # 275 , # 277 , # 280 , # 282 , # 284 , # 286 , # 288 , # 290 , # 292 , # 294 , # 296 , # 297 , # 300 , # 301 , # 304 , # 305 , # 308 , # 311 , # 312 , # 316 , # 318 , # 320 , # 322 , and # 325 are granted. The reply due date for the motions to dismiss is extended to 9/26/14. The next case management conference is set for 9/23/14 at 1:30 PM. Lead and liaison counsel are directed to work together to set up a process permitting those not present to listen by conference call. A joint status report regarding disputed issues to be addressed, and a proposed agenda, are to be filed by no later than 9/19/14. The following case management conference is set for 10/24/14 at 9:00 AM. If there are further matters from today's case management conference that should be embodied in an order, lead and liaison counsel are directed to submit a proposal or proposals by 8/27/14. (lcw, )
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Filing 343
NOTICE by Roland Bass of Withdrawal of Filing Plaintiffs Lint, Swallow and Bass Motion to Vacate CTOs 3 & 10 (Boundas, John)
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Filing 342
NOTICE by Albert Tooley Lint of Withdrawal of Filing Plaintiffs Lint, Swallow and Bass Motion to Vacate CTOs 3 & 10 (Boundas, John)
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Filing 341
ATTORNEY Appearance for Defendant Paddock Laboratories, Inc. by David D. Mesa (Mesa, David)
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Filing 340
CONDITIONAL TRANSFER ORDER (CTO-17) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (nf, )
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Filing 339
SUMMONS Returned Executed by Louise Ziminsky, Leo Cree Ziminsky as to AbbVie, Inc. on 8/14/2014, answer due 9/4/2014. (Sawin, John)
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Filing 338
SUMMONS Returned Executed by Louise Ziminsky, Leo Cree Ziminsky as to Abbott Laboratories, Inc. on 8/14/2014, answer due 9/4/2014. (Sawin, John)
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Filing 337
CONDITIONAL TRANSFER ORDER (CTO-16) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (nf, )
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Filing 336
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by GlaxoSmithKline LLC (Attachments: # 1 Certificate of Service)(Pagliaro, James)
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Filing 335
CONDITIONAL TRANSFER ORDER (CTO-15) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (nf, )
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Filing 334
MINUTE entry before the Honorable Matthew F. Kennelly: The Court advises that: (1) it does not intend to hear further argument on the Estep motion to remand at the 8/22/2014 case management conference (liaison counsel are directed to communicate this information in an appropriate way to the attorneys directly interested in that motion); and (2) instructions for listening in on the 8/22/2014 case management conference are posted on the MDL 2545 web page contained on this district's website, and the proposed agenda (dkt. no. 328) will be posted there shortly. (mk)
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Filing 333
MINUTE entry before the Honorable Matthew F. Kennelly: The Court advises that: (1) it does not intend to hear further argument on the Estep motion to remand at the 8/22/2014 case management conference (liaison counsel are directed to communicate this information in an appropriate way to the attorneys directly interested in that motion); and (2) instructions for listening in on the 8/22/2014 case management conference are posted on the MDL 2545 web page contained on this district's website. (mk)
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Filing 332
CONDITIONAL TRANSFER ORDER (CTO-14) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (nf, )
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Filing 330
STATUS Report Joint Status Report Regarding Proposal for a Further CMO for an Initial Discovery Plan by AbbVie, Inc., Abbott Laboratories, Inc. (Glauberman, Scott)
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Filing 329
STATUS Report Joint Status Report Regarding Protective Order, Preservation Order, and ESI Protocol by AbbVie, Inc., Abbott Laboratories, Inc. (Glauberman, Scott)
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Filing 328
STATUS Report Joint Agenda for August 22, 2014 Case Management Conference by AbbVie, Inc., Abbott Laboratories, Inc. (Glauberman, Scott)
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Filing 326
NOTICE of Motion by Michelle L. Kranz for presentment of motion to amend/correct, # 325 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Kranz, Michelle)
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Filing 325
MOTION by Plaintiffs Lizbeth Darby, Mark Darby to amend/correct Complaint - Darby (Attachments: # 1 Exhibit Transcript of 7.10.14 hearing, # 2 Supplement First Amended Complaint, # 3 Text of Proposed Order, # 4 Certificate of Service)(Kranz, Michelle)
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Filing 324
RESPONSE by Kenneth Aurecchia, Michael Bailey, Robert Bartholic, Catherine Blades, William Blades, Gary Carpenter, Nancy Carpenter, Natale Cataudella, Bobby Covey, Robert Cripe, Lizbeth Darby, Mark Darby, Marco DeLeon, Jeffrey Deforest, Vickie Deforest, Thomas Dobbs, Kimberly Dula, John Emmons, Mark A. George, Angela Gibby, Roger Gibby, James Gordon, Michael Gordon, Joseph Hardee, Thomas Headley, Christopher Hughes, Judy Hughes, Buddy Humphries, Kathy Humphries, Cathy Jackson, William Jackson, Don A Johnson, Donna Jones, Joseph Jones, Richard C Kelly Sr, Mark King, Shannon King, Teresa LaRoche, Frank Lau, Calvin Lewis, Patricia Lewis, Lori Lueck, Steve Marino, Kenneth Montgomery, Steven Myers, Kenneth O'Donnell, Eddie A Ortiz, Loran Parker, Cecile Saylor, Robert Saylor, Gary Whitein Opposition to MOTION by Defendant Abbott Laboratories, Inc., In Re AbbVie, Inc., et al to dismiss Complaints # 66 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Becker, Timothy)
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Filing 323
NOTICE of Motion by Trent B. Miracle for presentment of motion to amend/correct # 322 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Miracle, Trent)
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Filing 322
MOTION by Plaintiff Kenneth O'Donnell to amend/correct Complaint (Attachments: # 1 Exhibit Transcript, # 2 Supplement Complaint, # 3 Text of Proposed Order)(Miracle, Trent)
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Filing 321
NOTICE of Motion by Trent B. Miracle for presentment of motion to amend/correct # 320 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Miracle, Trent)
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Filing 320
MOTION by Plaintiff Frank Lau to amend/correct Complaint (Attachments: # 1 Exhibit Transcript, # 2 Supplement Complaint, # 3 Text of Proposed Order)(Miracle, Trent)
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Filing 319
NOTICE of Motion by Trent B. Miracle for presentment of motion to amend/correct # 318 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Miracle, Trent)
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Filing 318
MOTION by Plaintiff Richard C Kelly Sr to amend/correct Complaint (Attachments: # 1 Exhibit Transcript, # 2 Supplement Complaint, # 3 Text of Proposed Order)(Miracle, Trent)
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Filing 317
NOTICE of Motion by Michael A London for presentment of motion to amend/correct # 316 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (London, Michael)
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Filing 316
MOTION by Plaintiff Bobby Covey to amend/correct Complaint (Attachments: # 1 Amended Complaint, # 2 Hearing Transcript, # 3 Proposed Order)(London, Michael)
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Filing 315
NOTICE of Motion by Michael A London for presentment of motion to amend/correct # 311 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (London, Michael)
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Filing 314
MEMORANDUM by Natale Cataudella, Frank Lau, Loran Parker in Opposition to motion to dismiss, # 70 (Becker, Timothy)
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Filing 313
NOTICE of Motion by Trent B. Miracle for presentment of motion to amend/correct # 312 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Miracle, Trent)
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Filing 312
MOTION by Plaintiff Don A Johnson to amend/correct Complaint (Attachments: # 1 Exhibit Transcript, # 2 Supplement Complaint, # 3 Text of Proposed Order)(Miracle, Trent)
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Filing 311
MOTION by Plaintiffs Jeffrey Deforest, Vickie Deforest to amend/correct Complaint (Attachments: # 1 Amended Complaint, # 2 Hearing Transcript, # 3 Proposed Order)(London, Michael)
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Filing 310
DOCUMENT entered in error.
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Filing 309
NOTICE of Motion by Trent B. Miracle for presentment of motion to amend/correct # 308 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Miracle, Trent)
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Filing 308
MOTION by Plaintiff Kimberly Dula to amend/correct Complaint (Attachments: # 1 Exhibit Transcript, # 2 Supplement Complaint, # 3 Text of Proposed Order)(Miracle, Trent)
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Filing 307
NOTICE of Motion by Bill Robins, Iii for presentment of motion to amend/correct # 304 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Robins, Bill)
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Filing 306
NOTICE of Motion by Timothy J. Becker for presentment of motion to amend/correct # 305 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Becker, Timothy)
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Filing 305
MOTION by Plaintiff Mark A. George to amend/correct Complaint - George (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Becker, Timothy)
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Filing 304
MOTION by Plaintiff John Emmons to amend/correct Motion for Leave to File Amended Complaint (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order Exhibit 3)(Robins, Bill)
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Filing 303
NOTICE of Motion by Timothy J. Becker for presentment of motion to amend/correct # 301 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Becker, Timothy)
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Filing 302
NOTICE of Motion by Trent B. Miracle for presentment of (Miracle, Trent)
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Filing 301
MOTION by Plaintiff Eddie A Ortiz to amend/correct Complaint - Ortiz (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Becker, Timothy)
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Filing 300
MOTION by Plaintiff Robert Bartholic to amend/correct Complaint (Attachments: # 1 Exhibit Transcript of 7/10/14 Hearing, # 2 Supplement First Amended Complaint, # 3 Text of Proposed Order)(Miracle, Trent)
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Filing 299
NOTICE of Motion by Gregory Steven Spizer for presentment of motion to amend/correct # 297 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Spizer, Gregory)
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Filing 298
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to amend/correct, # 296 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Johnson, Ronald)
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Filing 297
MOTION by Plaintiff Lori Lueck to amend/correct Complaint (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order)(Spizer, Gregory)
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Filing 296
MOTION by Plaintiffs Buddy Humphries, Kathy Humphries to amend/correct Complaint - Humphries (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Johnson, Ronald)
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Filing 295
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to amend/correct # 294 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Johnson, Ronald)
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Filing 294
MOTION by Plaintiff Thomas Headley to amend/correct Complaint- Headley (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Johnson, Ronald)
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Filing 293
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to amend/correct # 292 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Johnson, Ronald)
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Filing 292
MOTION by Plaintiff Natale Cataudella to amend/correct Complaint - Cataudella (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Johnson, Ronald)
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Filing 291
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to amend/correct, # 290 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Johnson, Ronald)
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Filing 290
MOTION by Plaintiffs Christopher Hughes, Judy Hughes to amend/correct Complaint - Hughes (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Johnson, Ronald)
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Filing 289
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to amend/correct, # 288 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Johnson, Ronald)
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Filing 288
MOTION by Plaintiffs Joseph Hardee, Rebecca Hardee to amend/correct Complaint - Hardee (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Johnson, Ronald)
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Filing 287
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to amend/correct # 286 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Johnson, Ronald)
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Filing 286
MOTION by Plaintiffs Cecile Saylor, Robert Saylor to amend/correct Complaint (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Johnson, Ronald)
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Filing 285
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to amend/correct, # 284 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Johnson, Ronald)
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Filing 284
MOTION by Plaintiffs Gary Carpenter, Nancy Carpenter to amend/correct Complaint- Carpenter (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Johnson, Ronald)
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Filing 283
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to amend/correct # 282 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Johnson, Ronald)
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Filing 282
MOTION by Plaintiffs Angela Gibby, Roger Gibby to amend/correct Complaint - Gibby (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Johnson, Ronald)
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Filing 281
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to amend/correct # 280 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Johnson, Ronald)
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Filing 280
MOTION by Plaintiff Michael Gordon to amend/correct Complaint - Gordon (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Johnson, Ronald)
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Filing 279
MOTION by Plaintiff, by Teresa LaRoche to Amend Complaint (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/2014 Hearing, # 3 Text of Proposed Order)(Teague, Matthew)
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Filing 278
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to amend/correct, # 277 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Johnson, Ronald)
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Filing 277
MOTION by Plaintiffs Calvin Lewis, Patricia Lewis to amend/correct Complaint - Lewis (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Johnson, Ronald)
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Filing 276
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to amend/correct # 275 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Johnson, Ronald)
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Filing 275
MOTION by Plaintiffs Donna Jones, Joseph Jones to amend/correct Complaint - Jones (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Johnson, Ronald)
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Filing 274
NOTICE of Motion by Bill Robins, Iii for presentment of motion to amend/correct # 273 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Robins, Bill)
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Filing 273
MOTION by Plaintiff Loran Parker to amend/correct Motion for Leave to File Amended Complaint (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order Exhibit 3)(Robins, Bill)
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Filing 272
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to amend/correct # 266 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Johnson, Ronald)
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Filing 271
MOTION by Plaintiffs Mark King, Shannon King to amend/correct MOTION by Plaintiffs Mark King, Shannon King to amend/correct Complaint - King # 266 Motion Corrected (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Johnson, Ronald)
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Filing 270
MOTION by Plaintiffs Cathy Jackson, William Jackson to amend/correct MOTION by Plaintiffs Cathy Jackson, William Jackson to amend/correct Complaint - Jackson # 264 Motion Corrected (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Johnson, Ronald)
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Filing 269
MOTION by Plaintiffs Donna Jones, Joseph Jones to amend/correct Complaint (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Exhibit Proposed Order)(Johnson, Ronald)
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Filing 268
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to amend/correct # 266 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Johnson, Ronald)
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Filing 267
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to amend/correct # 266 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Johnson, Ronald)
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Filing 266
MOTION by Plaintiffs Mark King, Shannon King to amend/correct Complaint - King (Attachments: # 1 Supplement Amended Complaint, # 2 Supplement Transcript of 7/10/14 Hearing, # 3 Exhibit Proposed Order)(Johnson, Ronald)
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Filing 265
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to amend/correct, # 264 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Johnson, Ronald)
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Filing 264
MOTION by Plaintiffs Cathy Jackson, William Jackson to amend/correct Complaint - Jackson (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Johnson, Ronald)
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Filing 263
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of (Johnson, Ronald)
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Filing 262
MOTION by Plaintiff Thomas Dobbs to amend/correct Complaint - Dobbs (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Johnson, Ronald)
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Filing 261
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to amend/correct # 260 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Johnson, Ronald)
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Filing 260
MOTION by Plaintiff Robert Cripe to amend/correct Complaint - Cripe (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Johnson, Ronald)
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Filing 259
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion to amend/correct, # 258 before Honorable Matthew F. Kennelly on 8/22/2014 at 10:30 AM. (Johnson, Ronald)
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Filing 258
MOTION by In Re In Re: Testosterone Replacement Therapy Products Liability Litigation to amend/correct Complaint- Blades (Attachments: # 1 Supplement Amended Complaint, # 2 Exhibit Transcript of 7/10/14 Hearing, # 3 Text of Proposed Order Proposed Order)(Johnson, Ronald)
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Filing 257
ATTORNEY Appearance for Plaintiff Loran Parker by Bill Robins, Iii (Robins, Bill)
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Filing 331
CONDITIONAL TRANSFER ORDER (CTO-13) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (nf, )
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Filing 327
CONDITIONAL TRANSFER ORDER (CTO-12) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (nf, )
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Filing 256
MINUTE entry before the Honorable Matthew F. Kennelly: Lead counsel are directed to confer as appropriate and are to submit to the Court a proposed agenda for the 8/22/2014 case management conference, by no later than 8/18/2014. (mk)
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Filing 255
CASE MANAGEMENT ORDER NO. 6 (Plaintiffs' Leadership) signed by the Honorable Matthew F. Kennelly on 8/13/2014. (mk)
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Filing 254
CASE MANAGEMENT ORDER NO. 5 (Defendants' Liaison Counsel) signed by the Honorable Matthew F. Kennelly on 8/13/2014. (mk)
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Filing 253
NOTICE of Correction regarding mailed # 252 (vcf, )
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Filing 252
Document entered in error. (vcf, )
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Filing 251
ATTORNEY Appearance for In Re In Re: Testosterone Replacement Therapy Products Liability Litigation by Frederick Longer for Plaintiffs Donna and Walter McGill CORRECTED (Longer, Frederick)
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Filing 250
NOTICE of Correction # 249 . (gcy, )
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Filing 249
ENTERED IN ERROR (Longer, Frederick) Modified on 8/8/2014 (gcy, ).
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Filing 248
NOTICE by All Defendants of Filing of Proposed Order for Defendants' Liaison Counsel (Attachments: # 1 Text of Proposed Order)(Ronk, Marissa)
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Filing 247
PROPOSED Pretrial Order (Plaintiff's Leadership) (Attachments: # 1 Notice of Filing)(Johnson, Ronald)
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Filing 246
NOTICE by In Re: Testosterone Replacement Therapy Products Liability Litigation Notice of Filing (Attachments: # 1 Exhibit Proposed CMO)(Johnson, Ronald)
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Filing 245
REPLY by Plaintiff Don Estep Reply Memorandum in Support of Plaintiff's Motion for Remand (Degreeff, David)
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Filing 244
CORRECTED MDL CASE MANAGEMENT ORDER NO. 4 signed by the Honorable Matthew F. Kennelly on 7/31/2014: By this order, the Court appoints plaintiffs' lead counsel, liaison counsel, executive committee, and steering committee, as well as the organizational structure for defense counsel. Draft orders as described in the accompanying order are to be submitted to the Court (via Judge Kennelly's proposed order e-mail address) by no later than August 7, 2014, and any objections to the form or content of the orders must be electronically filed by no later than August 11, 2014. (NOTE: This order is corrected to remove the name of attorney Will Moody, Jr. from the list of those appointed to the plaintiffs' steering committee, in light of Mr. Moody's earlier withdrawal of his application. The Court apologizes for the error.) (mk) (Kennelly, Matthew)
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Filing 243
MDL CASE MANAGEMENT ORDER NO. 4 signed by the Honorable Matthew F. Kennelly on 7/31/2014: By this order, the Court appoints plaintiffs' lead counsel, liaison counsel, executive committee, and steering committee, as well as the organizational structure for defense counsel. Draft orders as described in the accompanying order are to be submitted to the Court (via Judge Kennelly's proposed order e-mail address) by no later than August 7, 2014, and any objections to the form or content of the orders must be electronically filed by no later than August 11, 2014. (mk)
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Filing 242
MINUTE entry before the Honorable Matthew F. Kennelly: Hearing held regarding selection of plaintiffs' steering committee. Mailed notice. (pjg, )
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Filing 241
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 7/29/2014 regarding motion to remand # 204 . Plaintiff's reply, if any, is due by 8/8/2014. Ruling on motion to remand # 204 is set for on 8/22/2014 at 10:30 AM. (pjg, )
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Filing 240
ATTORNEY Appearance for Plaintiff Don Estep by David Conrad Degreeff (Degreeff, David)
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Filing 239
Amended/Clarified Application of Michael Papantonio for Appointment to Executive Committee of Plaintiffs' Steering Committee by Michael Papantonio (Papantonio, James)
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Filing 238
MINUTE entry before the Honorable Matthew F. Kennelly: The motion of Willard J. Moody, Jr. to withdraw his application for appointment to the plaintiffs' steering committee is granted # 229 , and Mr. Moody need not attend the hearing set for 7/29/2014. (pjg, ) Duplicate entry of # 237 to allow proper noticing. (pjg, ).
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Filing 237
MINUTE entry before the Honorable Matthew F. Kennelly: The motion of Willard J. Moody, Jr. to withdraw his application for appointment to the plaintiffs' steering committee is granted # 229 , and Mr. Moody need not attend the hearing set for 7/29/2014. (pjg, )
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Filing 236
MINUTE entry before the Honorable Matthew F. Kennelly: Because of ongoing issues with the court's ability to receive faxes and other recordkeeping problems, any counsel who has submitted proposed questions for the hearing set for 7/29/2014 is directed to promptly resend them to Judge Kennelly's courtroom deputy at the following e-mail address: [email protected]. Any counsel who has already sent questions to the courtroom deputy via e-mail need not resend them. (mk)
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Filing 235
Notice of Non-Attendance at Hearing Regarding Appointment to Plaintiffs' Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Wallace, Edward)
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Filing 234
RESPONSE by Pfizer Inc., Pharmacia & Upjohn Inc.in Opposition to MOTION by Plaintiff Don Estep to remand # 204 (Holian, Matthew)
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Filing 233
RESPONSE by AbbVie, Inc., Abbott Laboratories, Inc.in Opposition to MOTION by Plaintiff Don Estep to remand # 204 (Glauberman, Scott)
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Filing 232
MINUTE entry before the Honorable Matthew F. Kennelly: The motion of Michael S. Kruse to withdraw as counsel for the plaintiffs in McKinley v. AbbVie, Case No. 14 C 3404, and Pendergast v. AbbVie, Case No. 14 C 3994, is granted # 207 . (mk)
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Filing 231
REQUEST for Clerk of Court to refund filing fee in the amount of $400.00, receipt no. 0752-9707779, regarding complaint # 228 (Ratner, David)
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Filing 230
MINUTE entry before the Honorable Matthew F. Kennelly: The Court advises that counsel who cannot attend the 7/29/2014 hearing regarding selection of the plaintiffs' steering committee but wish to listen may do so via telephone. Counsel may listen to the hearing by calling (877) 807-5706; participant code: 108155. Callers may begin joining the conference call at 9:45 a.m. for the morning session and 1:30 p.m. for the afternoon session, assuming there is an afternoon session. The Court will join in from the courtroom at approximately 10:00 a.m. and 1:30 p.m. No person listening in by telephone will be permitted to speak; the call-in option is for listening only. An in-person appearance will be required for any attorney or other person who wishes to be heard. (mk)
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Filing 229
MOTION by Plaintiff Thaddeus Hale, Jr to withdraw other # 113 Application for Appointment to Plaintiffs' Steering Committee (Moody, Willard)
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Filing 228
COMPLAINT filed by William Hatcher; Jury Demand. Filing fee $ 400, receipt number 0752-9707779. (Attachments: # 1 Civil Cover Sheet)(Ratner, David)
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Filing 227
AFFIDAVIT of Service filed by Plaintiff Richard Roberts regarding Summons, Complaint, CCS, Affidvit and Notification of Docket Entry served on Watson Laboratories, Inc. on June 5, 2014 (Blackburn, Stephen)
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Filing 226
AFFIDAVIT of Service filed by Plaintiff Richard Roberts regarding Summons, Complaint, CCS, Affidavit, Notification of Docket Entry served on Anda, Inc. on June 5, 2014 (Blackburn, Stephen)
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Filing 225
AFFIDAVIT of Service filed by Plaintiff Richard Roberts regarding Summons, Complaint, CCS, Affidavit and Docket Entry served on Actavis Pharma, Inc. on June 5, 2014 (Blackburn, Stephen)
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Filing 224
AFFIDAVIT of Service filed by Plaintiff Richard Roberts regarding Summons, Complaint, CCS, Affidavit, Notification of Docket Entry served on Actavis, Inc. on June 5, 2014 (Blackburn, Stephen)
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Filing 223
AFFIDAVIT of Service filed by Plaintiff Richard Roberts regarding Summons, Complaint, CCS and Affidavit served on AbbVie, Inc. on June 5, 2014 (Blackburn, Stephen)
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Filing 222
AFFIDAVIT of Service filed by Plaintiff Richard Roberts regarding Summons, Complaint, CCS and Affidavit served on Abbott Laboratories, Inc. on June 5, 2014 (Blackburn, Stephen)
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Filing 221
AFFIDAVIT of Service filed by Plaintiff Samuel Tolbert, Jr regarding Summons, Complaint, CCS and Affidavit served on AbbVie, Inc. on June 5, 2014 (Blackburn, Stephen)
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Filing 220
AFFIDAVIT of Service filed by Plaintiff Samuel Tolbert, Jr regarding Summons, Complaint, CCS and Affidavit served on Abbott Laboratories, Inc. on June 5, 2014 (Blackburn, Stephen)
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Filing 219
AFFIDAVIT of Service filed by Plaintiff Harold Johnson regarding Summons, Complaint, CCS and Affidavit served on AbbVie, Inc. on July 9, 2014 (Blackburn, Stephen)
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Filing 218
AFFIDAVIT of Service filed by Plaintiff Harold Johnson regarding Summons, Complaint, CCS and Affidavit served on Abbott Laboratories, Inc. on July 9, 2014 (Blackburn, Stephen)
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Filing 217
ATTORNEY Appearance for Plaintiffs Abner Daniels, Charles Marsee, James Walker, Mitchell Sobley, Benjamin Weathers, Edward Houston, Warren Wolfe, Victor Malabe, Roger Gosnell, James Ludovicz by Dennis G Pantazis, Sr (Pantazis, Dennis)
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Filing 216
ATTORNEY Appearance for Plaintiff Emmanuel Spann by Daniel E. Becnel, Jr (Becnel, Daniel)
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Filing 215
ATTORNEY Appearance for Plaintiff Harold Johnson by Stephen T. Blackburn (Blackburn, Stephen)
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Filing 214
ATTORNEY Appearance for Plaintiff Richard Roberts by Stephen T. Blackburn (Blackburn, Stephen)
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Filing 213
ATTORNEY Appearance for Plaintiff Samuel Tolbert, Jr by Stephen T. Blackburn (Blackburn, Stephen)
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Filing 212
ATTORNEY Appearance for Defendant Fagron, Inc. by Nicole Witteck (Witteck, Nicole)
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Filing 211
ATTORNEY Appearance for Defendant Fagron, Inc. by Arthur J Liederman (Liederman, Arthur)
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Filing 210
CONDITIONAL TRANSFER ORDER (CTO-9) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (nf, )
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Filing 209
ATTORNEY Appearance for Plaintiff Robert Neal by Yvonne M. Flaherty (Flaherty, Yvonne)
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Filing 208
NOTICE of Motion by Michael S Kruse for presentment of motion to withdraw as attorney # 207 before Honorable Matthew F. Kennelly on 7/29/2014 at 09:30 AM. (Kruse, Michael)
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Filing 207
MOTION by counsel for Plaintiffs Andrea Laquerre, Molly McKinley, Timothy McKinley, Stanton Pendergrast to withdraw as attorney (Kruse, Michael)
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Filing 206
NOTICE of Motion by Michael S Kruse for presentment of motion to remand # 204 before Honorable Matthew F. Kennelly on 7/29/2014 at 09:30 AM. (Kruse, Michael)
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Filing 205
MEMORANDUM by Don Estep in support of motion to remand # 204 (Kruse, Michael)
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Filing 204
MOTION by Plaintiff Don Estep to remand (Kruse, Michael)
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Filing 203
ATTORNEY Appearance for Plaintiff Don Estep by Michael S Kruse (Kruse, Michael)
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Filing 202
SUPPLEMENT to other # 114 Application of Russ M. Herman for Appointment to Plaintiffs' Steering Committee and/or the Plaintiffs' Executive Committee (Herman, Maury)
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Filing 201
MDL CASE MANAGEMENT ORDER NO. 3 Signed by the Honorable Matthew F. Kennelly on 7/21/2014.(pjg, )
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Filing 200
CONDITIONAL TRANSFER ORDER (CTO-8) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (nf, )
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Filing 199
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 7/17/2014. Motion for non-attendance of hearing # 195 is granted. The Court conducted an interview of Mr. Miracle during the hearing on motion. Mailed notice. (pjg, )
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Filing 198
CONDITIONAL TRANSFER ORDER (CTO-7) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (meg, )
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Filing 196
NOTICE of Motion by Trent B. Miracle for presentment of motion for leave to file # 195 before Honorable Matthew F. Kennelly on 7/17/2014 at 09:30 AM. (Miracle, Trent)
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Filing 195
MOTION by In Re In Re: Testosterone Replacement Therapy Products Liability Litigation for leave to file Motion For Non-Attendance of Hearing (Miracle, Trent)
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Filing 194
TRANSCRIPT OF PROCEEDINGS held on 6/9/14 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/4/2014. Redacted Transcript Deadline set for 8/14/2014. Release of Transcript Restriction set for 10/13/2014. (Brennan, Laura)
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Filing 193
ATTORNEY Appearance for Plaintiff George M. Chesser by James Michael Papantonio (Papantonio, James)
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Filing 192
MINUTE entry before the Honorable Matthew F. Kennelly: Case management conference held on 7/10/2014. Proposal for defendants' liason counsel # 149 is granted, to be modified as described in open court to account for additional defendants in certain transferred cases. Draft order to be submitted to Judge Kennelly's proposed order email address. Motion to extend briefing schedule # 179 is granted. Responses to motions to dismiss # 66 and # 70 are to be filed by 8/15/2014; replies are due by 9/12/2014. No further responses to complaints need be filed until after the ruling on the motions to dismiss. The parties are directed to continue to meet and confer regarding a proposed protective order, preservation order, and ESI protocol, as well as other case management issues such as the timing of Rule 26(a)(1) disclosures; plaintiffs' fact sheets; short and long form complaints; and other pertinent issues. The stay of discovery referenced in Paragraph 5b of Case Management Order No. 1 expires on 8/15/2014. Candidates for positions on the plaintiffs' steering committee or executive committee shall have an opportunity to be heard on 7/29/2014 at 10:00 a.m. as further described in open court. A further case management conference is set for 8/22/2014 at 10:30 a.m. By 8/18/2014, the parties are to submit: (a) a proposed agenda for the 8/22/2014 case management conference; (b) a joint status report regarding the parties' discussions, agreements, and disagreements regarding a proposed protective order, preservation order, and ESI protocol; and (c) a separate joint status report outlining proposals for a further case management order. (pjg, )
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Filing 191
CONDITIONAL TRANSFER ORDER (CTO-6) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (nf, )
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Filing 190
ORDER: The following attorneys have filed motions for leave to appear Pro Hac Vice. The motions are granted: Arnold Levin # 119 , Elwood C. Stevens, Jr. # 159 , Dawn M. Barrios # 165 ,Bruce S. Kingsdorf # 166 , Zachary L. Wool # 167 ,Dennis G. Pantazis # 181 , J. Michael Papantonio # 186 ,The above counsel are directed to contact the Clerk of Court to establish an e-filing account in this district. Signed by the Honorable Matthew F. Kennelly on 7/9/2014. Mailed notice(vcf, )
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Filing 189
Objection to Joint Application for Appointment to Steering Committee by Emmanuel Spann (Becnel, Daniel)
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Filing 188
EXECUTIVE COMMITTEE ORDER: IT APPEARING that case 14 C 4194, Redondo v. AbbVie Inc., et al., was randomly assigned to the Honorable Ronald A. Guzman and designated Magistrate Judge Brown due to clerical error; and IT FURTHER APPEARING that case 14 C 4330, Rogers v. AbbVie Inc., et al., was randomly assigned to the Honorable Joan H. Lefkow and designated Magistrate Judge Cole due to clerical error; and IT FURTHER APPEARING that case 14 C 5184, Campion, et al. v. AbbVie Inc., et al., was randomly assigned to the Honorable James F. Holderman and designated Magistrate Judge Finnegan due to clerical error; and IT FURTHER APPEARING that these cases fall within the scope of MDL 2545 (14 C 1748, In Re: Testosterone Replacement Therapy Products Liability Litigation) which is assigned to the Hon. Matthew F. Kennelly; therefore IT IS HEREBY ORDERED That the Clerk is to reassign 14 C 4194, Redondo v. AbbVie Inc., et al.; 14 C 4330, Rogers v. AbbVie Inc., et al. and 14 C 5184, Campion, et al. v. AbbVie Inc., et al. to the Hon. Matthew F. Kennelly and designate Magistrate Judge Schenkier. Case reassigned to the Honorable Matthew F. Kennelly for all further proceedings. Signed by Executive Committee on July 9, 2014. Mailed notice (td, )
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Filing 187
COURT'S TENTATIVE AGENDA FOR 7/10/2014 STATUS HEARING, entered by the Honorable Matthew F. Kennelly on 7/9/2014. (mk)
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Filing 186
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9650876. (Papantonio, James)
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Filing 197
CONDITIONAL TRANSFER ORDER (CTO-5) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (meg, )
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Filing 185
AbbVie's and Abbott's Request for Inclusion of Topic on July 10 Agenda by AbbVie, Inc., Abbott Laboratories, Inc. (Glauberman, Scott)
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Filing 184
ATTORNEY Appearance for Defendant Paddock Laboratories, Inc. by Michael Fitzgerald Healy (Healy, Michael)
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Filing 183
Objection to David Ratner's Application for Appointment to the Plaintiffs' Executive Committee by Service List (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Miracle, Trent)
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Filing 182
RESPONSE by In Re In Re: Testosterone Replacement Therapy Products Liability Litigation to other,,,,, # 150 to Joint Application for Appointment to the Plaintiffs' Steering Committee (Siegel, Norman)
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Filing 181
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9647056. (Pantazis, Dennis)
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Filing 180
NOTICE of Motion by Ronald E. Johnson, Jr for presentment of motion by filer to set a briefing schedule,, # 179 before Honorable Matthew F. Kennelly on 7/10/2014 at 11:00 AM. (Attachments: # 1 Exhibit Joint Motion to Extend Deadlines)(Johnson, Ronald)
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Filing 179
MOTION by Plaintiffs Catherine Blades, William Blades, Gary Carpenter, Nancy Carpenter, Natale Cataudella, Robert Cripe, Thomas Dobbs, Angela Gibby, Roger Gibby, Joseph Hardee, Rebecca Hardee, Thomas Headley, Christopher Hughes, Judy Hughes, Buddy Humphries, Kathy Humphries, Cathy Jackson, William Jackson, Donna Jones, Joseph Jones, Mark King, Shannon King, Calvin Lewis, Robert Saylor to set a briefing schedule extending the deadlines regarding the Defendants' Motion to Dismiss (Johnson, Ronald)
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Filing 178
Application for Plaintiffs Steering Committee by Stephen P Kuhn (Hingle, Waldon)
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Filing 177
CONDITIONAL TRANSFER ORDER (CTO-5) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (meg, )
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Filing 176
OBJECTIONS by Service List to other,,,,, # 150 to the Proposed Plaintiffs' Executive Committee as Set Forth in the Joint Application for Appointment to the Plaintiffs' Steering Commitee (Ratner, David)
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Filing 175
Defendants' disclosures regarding preservation of voicemails, data from mobile devices, instant messages, and email folder structures by AbbVie, Inc., Abbott Laboratories, Inc., Actavis Inc., Actavis Pharma, Inc., Anda, Inc., Auxilium Pharmaceuticals Inc., Eli Lilly and Company, Endo Pharmaceuticals, Inc., Lilly USA, Inc., Pfizer Inc., Pharmacia & Upjohn Company LLC, Watson Laboratories, Inc., a Nevada corporation (Attachments: # 1 Exhibit A-H)(Glauberman, Scott)
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Filing 174
Pleading by Eli Lilly and Company, Lilly USA, Inc. Defendant's Supplemental Brief In Support of Their Proposed Production Format (Stanley, David)
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Filing 173
OBJECTIONS by Service List to other,,,,, # 150 to the Joint Application for Appointment to the Plaintiffs' Steering Committee and Affidavit in Support of David S. Ratner's Appointment to the Plaintiffs' Executive Committee (Morelli, Benedict)
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Filing 172
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Anda, Inc. (Geoppinger, Jeffrey)
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Filing 171
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Watson Laboratories, Inc., a Nevada corporation (Geoppinger, Jeffrey)
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Filing 170
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Actavis Pharma, Inc. (Geoppinger, Jeffrey)
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Filing 169
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Actavis, Inc. (Geoppinger, Jeffrey)
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Filing 168
EXECUTIVE COMMITTEE ORDER: It appearing that the Hon. Matthew F. Kennelly is presiding over MDL 2545 (14 C 1748, In Re: Testosterone Replacement Therapy Products Liability Litigation); and It further appearing that the cases on the attached list fall within the scope of MDL 2545; therefore IT IS HEREBY ORDERED That the Clerk is to reassign the cases on the attached list to the Hon. Matthew F. Kennelly and designate Magistrate Judge Sidney I. Schenkier. Signed by Executive Committee on July 7, 2014. Mailed notice (td, )
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Filing 167
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9642868. of Zachary L. Wool (Wool, Zachary)
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Filing 166
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9642820. of Bruce S. Kingsdorf (Kingsdorf, Bruce)
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Filing 165
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9642768. of Dawn M. Barrios (Barrios, Dawn)
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Filing 164
Application of Norman E. Siegel for Appointment to Serve as a Member of the Executive Committee and on the Plaintiffs' Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Siegel, Norman)
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Filing 163
Application by RAFAEL TEJEDA, JR for Appointment of Dianne M. Nast to Plaintiffs' Leadership Group (Nast, Dianne)
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Filing 162
Application for Appointment to Plaintiffs' Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Wallace, Edward)
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Filing 161
Application for Appointment of Elwood C. Stevens, Jr. to Plaintiffs' Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Stevens, Elwood)
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Filing 160
Application of Edward McNabola for Appointment to the Plaintiff's Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (McNabola, Edward)
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Filing 159
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9639827. (Stevens, Elwood)
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Filing 158
Application of Robert M. Foote for Appointment to be Lead Counsel or Co-Counsel by In Re: Testosterone Replacement Therapy Products Liability Litigation (Foote, Robert)
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Filing 157
Motion of Dennis G. Pantazis for Appointment to Plaintiffs' Steering Committee and/or Executive Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McNabola, Edward)
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Filing 156
Application of Kathleen C. Chavez for Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Chavez, Kathleen)
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Filing 155
Motion of Dennis G. Pantazis for Appointment to Plaintiffs' Steering Committee and/or Executive Committee by Victor Malabe (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McNabola, Edward)
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Filing 154
PETITION for Appointment to be Lead Counsel or Co-Lead Counsel (Foote, Robert)
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Filing 153
APPLICATION for Appointment of MATTHEW B. MORELAND to Plaintiff Steering Committee by Emmanuel Spann (Moreland, Matthew)
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Filing 152
PETITION for Appointment to the Plaintiff's Steering Committee (McNabola, Edward)
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Filing 151
APPLICATION of T. Matthew Leckman Seeking Appointment to the Plainitffs' Exececutive Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Leckman, T.)
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Filing 150
Joint Motion for Appointment to the Plaintiffs Steering Committee In Re: Testosterone Replacement Therapy Products Liability Litigation (Johnson, Ronald) by In Re: Testosterone Replacement Therapy Products Liability Litigation (Attachments: # 1 Exhibit Application - Abrams, # 2 Exhibit Application - Barrios, # 3 Exhibit Application - Becker, # 4 Exhibit Application - Cherry, # 5 Exhibit Application - Crump, # 6 Exhibit Application - Flaherty, # 7 Exhibit Application - Gornick, # 8 Exhibit Application - Herman, # 9 Exhibit Application - Hoffman, # 10 Exhibit Application - Johnson, # 11 Exhibit Application - Katz, # 12 Exhibit Application - Kraft, # 13 Exhibit Application - Kranz, # 14 Exhibit Application - Lanier, # 15 Exhibit Application - Leckman, # 16 Exhibit Application - Levin, # 17 Exhibit Application - London, # 18 Exhibit Application - MacDonald, # 19 Exhibit Application - McCorvey, # 20 Exhibit Application - Miracle, # 21 Exhibit Application - Moody, # 22 Exhibit Application - Orlando, # 23 Exhibit Application - Papantonio, # 24 Exhibit Application - Perkins, # 25 Exhibit Application - Petosa, # 26 Exhibit Application - Robins, # 27 Exhibit Application - Seeger, # 28 Exhibit Application - Spizer, # 29 Exhibit Application - Stevens, # 30 Exhibit Application - Teague, # 31 Exhibit Application - Tisi, # 32 Exhibit TVM PSC Order)(Johnson, Ronald)
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Filing 149
Defendants' Submission in Support of Defendants' Liaison Counsel Pursuant to CMO 1 by AbbVie, Inc., Abbott Laboratories, Inc., Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Auxilium Pharmaceuticals Inc., Eli Lilly and Company, Endo Pharmaceuticals, Inc., Lilly USA, Inc., Pfizer Inc., Pharmacia & Upjohn Company LLC, Watson Laboratories, Inc., a Nevada corporation (Glauberman, Scott)
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Filing 148
Application for Appointment of Dawn M. Barrios to the Plaintiffs' Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Davis, Leonard)
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Filing 147
Application by Christopher Kirchmer for Appointment to the Plaintiffs' Steering Committee and/or the Plaintiffs'Executive Committee (Kirchmer, Christopher)
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Filing 146
APPLICATION by Rachel Abrams For Appointment to Plaintiffs' Steering Committee (Abrams, Rachel) Docket Text Modified on 7/3/2014 (ea, ).
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Filing 145
Application of Yvonne M. Flaherty for Appointment to the Plaintiffs' Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Raines, Corey)
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Filing 144
APPLICATION by In Re: Testosterone Replacement Therapy Products Liability Litigation Application of Brian J. Perkins Seeking Appointment as Liaison Counsel of the Plaintiff's Steering Committee (Perkins, Brian)
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Filing 143
Application of Trent B. Miracle Seeking Appointment as Co-Lead Counsel for Plaintiffs by In Re: Testosterone Replacement Therapy Products Liability Litigation (Miracle, Trent)
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Filing 142
APPLICATION of Matthew P. Teague for Appointment to Plaintiffs' Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Teague, Matthew)
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Filing 141
Application for Appointment to the Plaintiff's Steering Committee by Alex H. MacDonald (Macdonald, Alex)
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Filing 140
APPLICATION of Richard M. Golomb for Appointment to the Plaintiffs' Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Resnick, Steven)
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Filing 139
APPLICATION of Gregory S. Spizer for Appointment to the Plaintiffs' Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Spizer, Gregory)
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Filing 138
APPLICATION for Appointment to PSC by In Re: Testosterone Replacement Therapy Products Liability Litigation (Taschner, Dana)
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Filing 137
Application for Plaintiffs Steering Committee by Ralph Wainwright (Petosa, Frank)
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Filing 136
Application for Martin D. Crump for Appointment to the Plaintiffs' Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Crump, Martin)
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Filing 135
MOTION by In Re In Re: Testosterone Replacement Therapy Products Liability LitigationAPPLICATION of Timothy Becker for Appointment to the Plaintiffs' Executive Committee (Attachments: # 1 Exhibit Johnson Becker - CV)(Becker, Timothy)
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Filing 134
Amended Application of Christopher V. Tisi for Appointment to the Plaintiffs' Steering Committee by Gena M Komrada (Tisi, Christopher)
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Filing 133
Application of Michael A. London for Appointment to Executive Committee of Plaintiffs' Steering Committee by Bobby Covey (London, Michael)
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Filing 132
APPLICATION of Michelle L. Kranz Seeking Appointment to the Plainitffs' Exececutive Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation by Mark Darby (Kranz, Michelle)
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Filing 131
APPLICATION of Kristine Kraft for Appointment to Plaintiffs' Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Kraft, Kristine)
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Filing 130
Application of Michael Papantonio Seeking Appointment to the MDL Executive Committee In Re: Testosterone Replacement Therapy Products Liability Litigation by Michael Papantonio (Bogle, Brandon)
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Filing 129
NOTICE by Emmanuel Spann re order # 85 Application for Appointment of Matthew B. Moreland to PSC (Moreland, Matthew)
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Filing 128
Application of Christopher V. Tisi for Appointment to the Plaintiffs' Steering Committee and/or the Plaintiffs' Executive Committee by Gena M Komrada (Tisi, Christopher)
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Filing 127
Application of Bill Robins III For Appointment to The Plaintiffs' Executive Committee by John Emmons (Robins, Bill)
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Filing 126
Application of David Ratner for Appointment to the Plaintiffs' Steering and Executive Committees by Service List (Ratner, David)
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Filing 125
Application of Ronald E. Johnson, Jr. Seeking Appointment as Co-Lead Counsel for Plaintiffs by In Re: Testosterone Replacement Therapy Products Liability Litigation (Johnson, Ronald)
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Filing 124
PETITION FOR APPOINTMENT (Ratner, David)
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Filing 123
Other-Application by W. Mark Lanier Application of W. Mark Lanier for Appointment to the Plaintiffs' Steering Committee (Attachments: # 1 Exhibit Mark Lanier-CV)(Lanier, William)
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Filing 122
APPLICATION of Mark A Hoffman for Appointment to the Plaintiffs' Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Hoffman, Mark)
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Filing 121
Application of Christopher A. Seeger Seeking Appointment as Co-Lead Counsel for Plaintiffs by In Re: Testosterone Replacement Therapy Products Liability Litigation (Seeger, Christopher)
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Filing 120
Application of Seth A. Katz Seeking Appointment to the MDL Executive Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Katz, Seth)
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Filing 119
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9636877. of Arnold Levin (Levin, Arnold)
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Filing 118
Application of Roger W. Orlando For Appointment To The Plaintiff's Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Orlando, Roger)
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Filing 117
Application of Myron M. Cherry for Appointment to the Plaintiffs' Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Cherry, Myron)
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Filing 116
Application of Derriel C. McCorvey for Appointment to the Plaintiffs' Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation by Service List (Mccorvey, Derriel)
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Filing 115
Application of Lawrence J. Gornick for Appointment to the Plaintiffs' Steering Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Gornick, Lawrence)
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Filing 114
Application for Appointment of Russ M. Herman to the Plaintiffs' Steering Committee and/or the Plaintiffs' Executive Committee by In Re: Testosterone Replacement Therapy Products Liability Litigation (Herman, Russ)
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Filing 113
Application for Appointment to Plaintiffs' Steering Committee by Willard J. Moody, Jr. of The Moody Law Firm by In Re: Testosterone Replacement Therapy Products Liability Litigation (Moody, Willard)
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Filing 112
APPLICATION of Arnold Levin for Leadership Position by In Re: Testosterone Replacement Therapy Products Liability Litigation (Levin, Daniel)
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Filing 111
CONDITIONAL TRANSFER ORDER (CTO-4) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (nf, )
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Filing 110
EXECUTIVE COMMITTEE ORDER: It appearing that the Hon. Matthew F. Kennelly is presiding over MDL 2545 (14 C 1748, In Re: Testosterone Replacement Therapy Products Liability Litigation); and It further appearing that the cases on the attached list fall within the scope of MDL 2545; therefore,IT IS HEREBY ORDERED That the Clerk is to reassign the cases on the attached list to the Hon. Matthew F. Kennelly and designate Magistrate Judge Sidney I. Schenkier. Signed by Executive Committee on June 30, 2014. (td, )
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Filing 109
APPLICATION to Derriel C. McCorvey for Appointment to the Plaintiffs' Steering Committee . (Mccorvey, Derriel) (Docket text Modified by Clerk's office)
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Filing 108
ATTORNEY Appearance for Service List by Derriel Carlton Mccorvey (Mccorvey, Derriel)
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Filing 107
ATTORNEY Appearance for In Re In Re: Testosterone Replacement Therapy Products Liability Litigation by Norman E. Siegel (Siegel, Norman)
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Filing 106
APPLICATION for appointment to to the plaintiff's steering committee by Daniel Becnel (Becnel, Daniel)( Docket text Modified by Clerk;s office) (vcf, ).
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Filing 105
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by AbbVie, Inc. (Glauberman, Scott)
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Filing 104
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Auxilium Pharmaceuticals Inc. (Pagliaro, James)
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Filing 103
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Endo Pharmaceuticals, Inc. (Solow, Andrew)
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Filing 102
Corporate Disclosure STATEMENT by McKesson Corporation (Stanley, David)
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Filing 101
Corporate Disclosure STATEMENT by Lilly USA, Inc. (Stanley, David)
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Filing 100
Corporate Disclosure STATEMENT by Eli Lilly and Company (Stanley, David)
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Filing 99
CONDITIONAL TRANSFER ORDER (CTO-3) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (meg, )
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Filing 98
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pharmacia & Upjohn Company LLC (Holian, Matthew)
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Filing 97
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pfizer Inc. (Holian, Matthew)
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Filing 96
ATTORNEY Appearance for Defendants Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Watson Laboratories, Inc., a Nevada corporation by Kerry Carson Green (Green, Kerry)
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Filing 95
MDL CASE MANAGEMENT ORDER NO. 2, signed by the Honorable Matthew F. Kennelly on June 20, 2014: This document relates to all cases. As stated in the attached order, all entities that are subject to the requirements of Federal Rule of Civil Procedure 7.1 and that are named parties to any case that has been or is hereafter transferred to the undersigned judge as part of MDL No. 2545, whether the case was originally filed in this district or elsewhere, are directed to make their disclosures required by that Rule on or before July 7, 2014, or within 28 days after the case is filed in or transferred to this district, if that date is later than July 7, 2014. Any such party may file a single Rule 7.1 disclosure statement under the present case number and, once it complies, need not file a separate Rule 7.1 disclosure statement in individual cases in which it is named as a party. (mk)
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Filing 94
ATTORNEY Appearance for Defendants Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Watson Laboratories, Inc., a Nevada corporation by Jeffrey Daniel Geoppinger (Geoppinger, Jeffrey)
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Filing 93
ATTORNEY Appearance for Defendants Actavis Pharma, Inc., Actavis, Inc., Anda, Inc., Watson Laboratories, Inc., a Nevada corporation by Jeffrey Francis Peck (Peck, Jeffrey)
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Filing 92
ATTORNEY Appearance for Defendants Actavis, Inc., Actavis Pharma, Inc., Watson Laboratories, Inc., a Nevada corporation, Anda, Inc. by Joseph P Thomas (Thomas, Joseph)
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Filing 91
CONDITIONAL TRANSFER ORDER (CTO-2) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (meg, )
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Filing 90
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw as attorney # 86 is granted; attorney Joseph Laurence Motto terminated. (mk)
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Filing 89
CONDITIONAL TRANSFER ORDER (CTO-1) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2545. (meg, )
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Filing 88
ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories, Inc. by Marissa Stephanie Ronk (Ronk, Marissa)
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Filing 87
NOTICE of Motion by Scott P. Glauberman for presentment of motion to withdraw as attorney # 86 before Honorable Matthew F. Kennelly on 6/19/2014 at 09:30 AM. (Glauberman, Scott)
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Filing 86
MOTION by counsel for Defendants AbbVie, Inc., Abbott Laboratories, Inc. to withdraw as attorney Joseph Laurence Motto (Glauberman, Scott)
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Filing 85
MDL CASE MANAGEMENT ORDER NO. 1 signed by the Honorable Matthew F. Kennelly on 6/12/2014. (mk)
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Filing 84
MINUTE entry before the Honorable Matthew F. Kennelly: THIS ORDER APPLIES TO ALL CASES. On the Court's motion, yesterday afternoon's order setting the initial status hearing / scheduling conference in MDL No. 2545 for 6/27/2014 at 9:30 a.m. is vacated, and the status hearing / scheduling conference is reset to 7/10/2014 at 11:00 a.m. The Court sincerely apologizes for any disruption that this change may cause. The Court is resetting the date based on its understanding regarding the amount of time that likely will be required for cases that the JPML ordered transferred from other districts to actually be transferred, and to avoid unfairly disadvantaging attorneys who have appeared in those cases. The remainder of yesterday's order remains in effect. (mk)
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Filing 83
EXECUTIVE COMMITTEE ORDER: It appearing that the Hon. Matthew F. Kennelly is presiding over MDL 2545 (14 C 1748, In Re: Testosterone Replacement Therapy Products Liability Litigation); and It further appearing that the cases on the attached list fall within the scope of MDL 2545; therefore IT IS HEREBY ORDERED That the Clerk is to reassign the cases on the attached list to the Hon. Matthew F. Kennelly and designate Magistrate Judge Sidney I. Schenkier. Signed by Executive Committee on 06/11/2014. Mailed Notice. (et, )
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Filing 82
MINUTE entry before the Honorable Matthew F. Kennelly: THIS ORDER APPLIES TO ALL CASES. The Court sets the initial status hearing / scheduling conference in this MDL proceeding for June 27, 2014 at 9:30 AM, in Courtroom 2103. For this hearing, an in-person appearance will be required in order to participate. The Court anticipates entry of an order within the next two days that will, among other things, identify topics to be addressed at the June 27 hearing. (mk)
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Filing 81
EXECUTIVE COMMITTEE ORDER: IT APPEARING THAT on June 6, 2014, the Judicial Panel on Multidistrict Litigation (JPML) entered an order establishing MDL 2545, In re: Testosterone Replacement Therapy Products Liability Litigation before the Hon. Matthew F. Kennelly and transferring a number of cases to this district for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. 1407, and IT FURTHER APPEARING THAT upon receipt of the JPMLs order, the Clerk opened case number 14 C 04251 as the MDL master file and pursuant to the Court's Internal Operating Procedures randomly designated Magistrate Judge Sidney I. Schenkier, and IT FURTHER APPEARING THAT pursuant to the June 10, 2014 order signed by Judge Matthew F. Kennelly, the MDL master file for MDL 2545, In re: Testosterone Replacement Therapy Products Liability Litigation will be 14 C 01748, therefore IT IS HEREBY ORDERED THAT Magistrate Judge Sidney I. Schenkier, who was randomly designated in 14 C 04251, shall now be designated as the Magistrate Judge in 14 C 01748. IT IS FURTHER ORDERED THAT the Clerk shall enter this order in 14 C 01748 and in 14 C 04251. Signed by the Executive Committee on 6/11/2014. Mailed Notice.(et, )
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Filing 80
ORDER: On 6/6/2014, the Judicial Panel on Multidistrict Litigation (JPML) entered orders transferring a number of cases to this district and to the undersigned judge for coordinated or consolidated pretrial proceedings pursuant to 28 USC 1407, and giving the Multidistrict Litigation (MDL) proceeding the following title: In re Testosterone Replacement Therapy Products Liability Litigation. Upon receipt of the JPML's order, the Clerk opened case number 1:14-cv-04251 as the MDL master file. It appears to the Court that it is appropriate from the standpoint of judicial economy to use a different case number as the MDL master file. In this district, several dozen cases that will be part of the same In re Testosterone Replacement Therapy Products Liability Litigation MDL proceeding had already been transferred to the undersigned judge for coordinated pretrial proceedings. The coordinated pretrial proceeding was entitled In re AbbVie, Inc., et al. and was assigned case number 1:14-cv-01748. Because significant proceedings have occurred under the In re AbbVie, Inc. case number, including the filing of numerous appearances by counsel, and to avoid undue administrative burden, the Court hereby directs that the previously assigned case number, 1:14-cv-01748, will be the case number assigned to the MDL proceeding as the MDL master file. The Court therefore directs the Clerk to do the following: (1) change the caption and internal designation of case number 1:14-cv-1748 to In re Testosterone Replacement Therapy Products Liability Litigation; (2) henceforth, use case number 1:14-cv-01748 as the master file for the In re Testosterone Replacement Therapy Products Liability Litigation MDL proceeding; (3) cause docket entries 1 and 2 from case number 1:14-cv-04251 to be re-filed under case number 1:14-cv-01748; (4) cause all further submissions from the JPML relating to the MDL proceeding to be filed in case number 1:14-cv-01748; and (5) terminate case number 1:14-cv-04251. Signed by the Honorable Matthew F. Kennelly on 6/10/2014. Mailed notice. (et, )
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Filing 77
MINUTE entry before the Honorable Matthew F. Kennelly: Hearing held. Oral arguments for both sides presented on disputed matters regarding protective order, preservation order, and protocol for discovery of electronically stored information. Oral rulings made on some but not all disputed matters; further discussion ordered on the remaining matters. The next status hearing concerning this case will be set in the context of the just-created MDL proceeding entitled In re Testosterone Replacement Therapy Products Liability Litigation, which will subsume this matter. Mailed notice (meg, )
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Filing 79
ORDER of 06/06/2014 from MDL Panel renaming MDL No. 2545 Litigation. (et, )
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Filing 78
TRANSFER Order of 06/06/2014 from MDL Panel establishing MDL 2545. Case No. 14cv1748 master docket. (et, )
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Filing 76
STATUS Report [Regarding Plaintiff's Fact Sheet] by Eli Lilly and Company, Lilly USA, Inc. (Attachments: # 1 Exhibit A - TRT Agreed Plaintiff Fact Sheet)(Carraher, Timothy)
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Filing 75
ATTORNEY Appearance for In Re AbbVie, Inc., et al, Defendant Abbott Laboratories, Inc. by Matthew William Francis Poplawski (Poplawski, Matthew)
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Filing 74
ATTORNEY Appearance for Defendant Endo Pharmaceuticals, Inc. by Glenn J. Pogust (Pogust, Glenn)
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Filing 73
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to appear pro hac vice # 62 is granted. Counsel is directed to establish an e-filing account in this district. The hearing date before Judge Kennelly of 6/10/2014 as to this motion is vacated. Mailed notice. (pjg, )
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Filing 72
NOTICE of Motion by Andrew Keith Solow for presentment of motion to dismiss, # 70 before Honorable Matthew F. Kennelly on 6/9/2014 at 10:00 AM. (Solow, Andrew)
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Filing 71
MEMORANDUM by Auxilium Pharmaceuticals Inc., Eli Lilly and Company, Endo Pharmaceuticals, Inc., Lilly USA, Inc. in support of motion to dismiss, # 70 / MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS ENDO PHARMACEUTICALS INC.'S, ELI LILLY AND COMPANY AND LILLY USA, LLC'S, AND AUXILIUM PHARMACUETICALS, INC.'S MOTION TO JOIN AND SUPPLEMENT DEFENDANTS' MOTION TO DISMISS COMPLAINTS (Attachments: # 1 Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Unpublished Cases)(Solow, Andrew)
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Filing 70
MOTION by Defendants Eli Lilly and Company, Auxilium Pharmaceuticals Inc., Endo Pharmaceuticals, Inc., Lilly USA, Inc. to dismiss / DEFENDANTS ENDO PHARMACEUTICALS INC.'S, ELI LILLY AND COMPANY AND LILLY USA, LLC'S, AND AUXILIUM PHARMACUETICALS, INC.'S MOTION TO JOIN AND SUPPLEMENT DEFENDANTS' MOTION TO DISMISS COMPLAINTS (Solow, Andrew)
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Filing 69
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has allotted a maximum of 75 minutes for the hearing on 6/9/2014 and wishes to hear argument on the following topics: Protective order : Issues I and III.B.1 in plaintiffs' submission (and the corresponding points in defendants' submission). Preservation order : Issues I, II & IV in defendants' submission, and Issue VI in plaintiffs' submission, as well as the corresponding points in the other side's submission. ESI protocol : All topics discussed in the parties' submissions. (mk)
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Filing 68
NOTICE of Motion by Scott P. Glauberman for presentment of motion to dismiss # 66 before Honorable Matthew F. Kennelly on 6/9/2014 at 10:00 AM. (Glauberman, Scott)
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Filing 67
MEMORANDUM by AbbVie, Inc., et al, Abbott Laboratories, Inc. in support of motion to dismiss # 66 (Attachments: # 1 Appendix/Exhibit List, # 2 Appendix A - C, # 3 Exhibit 1 - 5)(Glauberman, Scott)
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Filing 66
MOTION by Defendant Abbott Laboratories, Inc., In Re AbbVie, Inc., et al to dismiss Complaints (Glauberman, Scott)
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Filing 65
MINUTE entry before the Honorable Matthew F. Kennelly: To ensure that notices are received by all parties, the Clerk is directed to add all parties and their respective counsel to this docket for all current cases and future cases when identified as part of the AbbVie Consolidated Pretrial proceedings. (pjg, )
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Filing 64
ATTORNEY Appearance for Defendant Endo Pharmaceuticals, Inc. by Daniel M. Meyers (Meyers, Daniel)
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Filing 63
NOTICE of Motion by Andrew Keith Solow for presentment of motion to appear pro hac vice # 62 before Honorable Matthew F. Kennelly on 6/10/2014 at 09:30 AM. (Solow, Andrew)
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Filing 62
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9540069. (Pogust, Glenn)
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Filing 61
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 6/2/2014. Motion for leave to file excess pages # 57 is granted. Plaintiffs have equal number of pages to respond. The hearing date of 6/4/2014 set for this motion is vacated. The case remains set for an in-person status hearing on 6/9/2014 at 10:00 a.m. Mailed notice. (pjg, )
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Filing 60
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to convert telephone status hearing to an in-person hearing # 55 is denied, because Judge Kennelly will not be available for an in-person hearing on June 2. At the telephone status hearing on June 2, there will be further discussion regarding the need for an in-person hearing. Mailed notice. (pjg, )
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Filing 59
MINUTE entry before the Honorable Matthew F. Kennelly: In anticipation of tomorrow's telephone status conference, the Court sets the case for hearing on unresolved issues regarding the proposed protective order, preservation order and electronically stored information protocol on 6/9/2014 at 10:00 AM. (mk)
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Filing 58
NOTICE of Motion by Bryna Joyce Roth Dahlin for presentment of motion for leave to file excess pages # 57 before Honorable Matthew F. Kennelly on 6/4/2014 at 09:30 AM. (Dahlin, Bryna)
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Filing 57
MOTION by In Re AbbVie, Inc., et al, Defendants Abbott Laboratories, Inc., Auxilium Pharmaceuticals Inc., Eli Lilly and Company, Endo Pharmaceuticals, Inc., Lilly USA, Inc. for leave to file excess pages (Dahlin, Bryna)
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Filing 56
NOTICE of Motion by Scott P. Glauberman for presentment of motion for miscellaneous relief, # 55 before Honorable Matthew F. Kennelly on 6/3/2014 at 09:30 AM. (Glauberman, Scott)
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Filing 55
MOTION by In Re AbbVie, Inc., et al, Defendants Abbott Laboratories, Inc., Auxilium Pharmaceuticals Inc., Eli Lilly and Company, Endo Pharmaceuticals, Inc., Lilly USA, Inc. to Convert the June 2, 2014 Telephone Status Hearing to an In-Person Hearing (Glauberman, Scott)
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Filing 54
DEFENDANTS' BRIEF IN SUPPORT OF THEIR PROPOSED PRESERVATION ORDER by AbbVie, Inc., et al, Abbott Laboratories, Inc. (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)(Wrigley, Nicole)
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Filing 53
DEFENDANTS' BRIEF IN SUPPORT OF THEIR PROPOSED PROTECTIVE ORDER by AbbVie, Inc., et al, Abbott Laboratories, Inc. (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, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Dahlin, Bryna)
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Filing 52
MEMORANDUM by Catherine Blades, William Blades, Gary Carpenter, Nancy Carpenter, Natale Cataudella, Robert Cripe, Thomas Dobbs, Angela Gibby, Roger Gibby, Joseph Hardee, Rebecca Hardee, Buddy Humphries, Kathy Humphries, Cathy Jackson, William Jackson, Donna Jones, Joseph Jones, Mark King, Shannon King, Calvin Lewis, Patricia Lewis, Steven Myers, Cecile Saylor, Robert Saylor in Support of Plaintiffs' Proposed Order on Document Preservation (Attachments: # 1 Exhibit A - Kevin Shoemaker LinkedIn, # 2 Exhibit B - SameTime, # 3 Exhibit C - EU Issue Tracker)(Johnson, Ronald)
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Filing 51
MEMORANDUM by Catherine Blades, William Blades, Gary Carpenter, Nancy Carpenter, Natale Cataudella, Robert Cripe, Thomas Dobbs, Angela Gibby, Roger Gibby, Joseph Hardee, Rebecca Hardee, Buddy Humphries, Kathy Humphries, Cathy Jackson, William Jackson, Donna Jones, Joseph Jones, Mark King, Shannon King, Calvin Lewis, Patricia Lewis, Cecile Saylor, Robert Saylor in support of Plaintiff's Proposed Order on ESI (Attachments: # 1 Exhibit A - April 14, 2014 Correspondence, # 2 Exhibit B - April 29, 2014 Email, # 3 Exhibit C - Nuix, # 4 Exhibit D - Relativity, # 5 Exhibit E - Morgan Lewis, # 6 Exhibit F - Reed Smith, # 7 Exhibit G - Craig Ball Article, # 8 Exhibit H - Relativity 5/26/14, # 9 Exhibit I - Equivio, # 10 Exhibit J - US v Solvay RFP, # 11 Exhibit K - Declaration of Fliegel, # 12 Exhibit L - Chart)(Johnson, Ronald)
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Filing 50
Pleading by Eli Lilly and Company, Lilly USA, Inc. Defendants' Brief In Support of Their [Proposed] ESI Protocol (Attachments: # 1 Exhibit, # 2 Exhibit)(Stanley, David)
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Filing 49
MEMORANDUM of Law In Support of Plaintiffs' Motion for Entry of Protective Order (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 I)(Miracle, Trent)
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Filing 48
PRETRIAL ORDER NO. 4 signed by the Honorable Matthew F. Kennelly on 5/16/2014: Telephone status hearing held on 5/16/2014 and continued to 6/2/2014 at 8:30 AM. Proposals regarding a protective order, document preservation order, and protocol regarding the conduct of discovery relating to ESI, are to be filed by no later than 5/27/2014. Further details are contained in the accompanying order. (mk)
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Filing 47
EXECUTIVE COMMITTEE ORDER: It appearing that the Hon. Matthew F. Kennelly is presiding over a consolidated pretrial proceeding as provided for by Internal Operating Procedure 13(e), and that the cases listed below fall within the scope of that proceeding; therefore It is hereby ordered that the cases listed below list are hereby consolidated for pretrial coordination proceedings in 14 C 1748, in re AbbVie, Inc., et al., presided over by the Hon. Matthew F, Kennelly. It is further ordered that Magistrate Judge Maria Valdez shall be the designated magistrate judge in these cases. It is further ordered that these cases shall remain pending on the calendars of the judges to whom they are currently assigned, and that an order be entered in each case by Judge Kennelly at such time as coordinated pretrial proceedings have concluded. Signed by the Executive Committee on 5/5/2014. (td, )
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Filing 46
ATTORNEY Appearance for Defendant Auxilium Pharmaceuticals Inc. by Ezra D. Church (Church, Ezra)
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Filing 45
ATTORNEY Appearance for Defendant Auxilium Pharmaceuticals Inc. by Thomas J. Sullivan (Sullivan, Thomas)
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Filing 44
ATTORNEY Appearance for Defendant Auxilium Pharmaceuticals Inc. by James D Pagliaro (Pagliaro, James)
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Filing 43
ORDER : The motions of Bill Robins III [dkt. no. 29], Thomas J. Sullivan [dkt. no. 39], Ezra Dodd Church [dkt. no. 40], and James D. Pagliaro [dkt. no. 41] to appear pro hac vice are all granted. These attorneys are directed to promptly contact the Clerk of Court to establish e-filing accounts in this District. In particular, Mr. Pagliaro is directed to ensure that an e-mail address is associated with his appearance, because none is at this point, and the absence of an e-mail address complicates the sending of electronic notices. Finally, themotion by plaintiff John Emmons to reassign case [dkt. no. 27] is terminated as moot, because the case in question has been reassigned. Signed by the Honorable Matthew F. Kennelly on 4/28/2014. Mailed notice(vcf, )
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Filing 42
PRETRIAL ORDER NO. 3 entered by Honorable Matthew F. Kennelly: In any case assigned to this consolidated pretrial proceeding that were filed after 4/4/2014, defendants' filing of a response to the complaint is deferred until after the Court rules on the anticipated motions to dismiss as to complaints filed on or prior to 4/4/2014, which remain due on 6/4/2014. The Court will set further deadlines regarding complaints filed after 4/4/2014 once it rules on the motions to dismiss. (mk)
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Filing 41
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9423512. (Pagliaro, James)
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Filing 40
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9423466. (Church, Ezra)
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Filing 39
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9423219. (Sullivan, Thomas)
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Filing 38
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Auxilium Pharmaceuticals Inc. (Diamantatos, Tinos)
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Filing 37
ATTORNEY Appearance for Defendant Auxilium Pharmaceuticals Inc. by Tinos Diamantatos (Diamantatos, Tinos)
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Filing 36
Defendants AbbVie Inc., Abbott Laboratories, Eli Lilly and Company, Lilly USA LLC, Endo Pharmaceuticals, Inc., and Auxilium Pharmaceuticals, Inc.'s Joint Status Report by AbbVie, Inc., et al, Abbott Laboratories, Inc. (Glauberman, Scott)
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Filing 35
EXECUTIVE COMMITTEE ORDER: It appearing that the Hon. Matthew F. Kennelly is presiding over a consolidated pretrial proceeding as provided for by Internal Operating Procedure 13(e), and that the cases listed below fall within the scope of that proceeding; therefore It is hereby ordered that the cases listed below list are hereby consolidated for pretrial coordination proceedings in 14 C 1748, in re AbbVie, Inc., et al., presided over by the Hon. Matthew F, Kennelly. It is further ordered that Magistrate Judge Maria Valdez shall be the designated magistrate judge in these cases. It is further ordered that these cases shall remain pending on the calendars of the judges to whom they are currently assigned, and that an order be entered in each case by Judge Kennelly at such time as coordinated pretrial proceedings have concluded. Signed by the Executive Committee on 4/18/2014. Mailed notice (td, )
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Filing 34
MINUTE entry before the Honorable Matthew F. Kennelly: The parties are advised that newly-filed cases within the scope of the original Rule 13(e) transfer will be transferred to Judge Kennelly on an ongoing basis. Defendants' counsel are directed to confer and are to make a proposal to the Court, in a joint defendants' status report to be filed by no later than 4/18/2014, regarding when responses to complaints not referenced in Pretrial Order No. 2, paragraph 4 should be due. Any plaintiff objecting to defendants' proposal should file an objection by no later than 4/25/2014. (mk)
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Filing 32
ATTORNEY Appearance for In Re AbbVie, Inc., et al, Defendant Abbott Laboratories, Inc. by Nicole E Wrigley (Wrigley, Nicole)
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Filing 33
EXECUTIVE COMMITTEE ORDER: It appearing that the Hon. Matthew F. Kennelly, is presiding over a consolidated pretrial proceeding as provided for by Internal Operating Procedure 13(e), and that the cases listed below fall within the scope of that proceeding; therefore It is hereby ordered that the cases listed below are hereby consolidated for pretrial coordination proceedings in 14 C 1748, in re AbbVie, Inc., et al., presided over by the Hon. Matthew F, Kennelly. It is further ordered that Magistrate Judge Maria Valdez shall be the designated magistrate judge in 14 C 1748. It is further ordered that these cases shall remain pending on the calendars of the judges to whom they are currently assigned, and that an order be entered in each case by Judge Kennelly at such time as coordinated pretrial proceedings have concluded. Case Number 14 C 2429 Komrada v. AbbVie, Inc., et al. ; 14 C 2441 Mecikalski v. AbbVie, Inc. ; 14 C 2443 Reid v. AbbVie, Inc. Signed by Executive Committee on 4/8/2014. (rp, )
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Filing 31
PRETRIAL ORDER NO. 2 signed by the Honorable Matthew F. Kennelly on 4/4/2014: A status / scheduling conference in this coordinated pretrial proceeding was held on 4/4/2014 with attorneys for all plaintiffs and all defendants in the previously-transferred cases present. Responses to the complaints in the previously-transferred cases and those identified above are to be filed by no later than 6/4/2014 and are to be noticed for presentment before Judge Kennelly, as required by this district's local rules, on 6/10/2014 at 9:30 a.m. Responses to any motions to dismiss are to be filed by 7/16/2014, and replies are to be filed by 7/30/2014. A further status hearing is set for 5/16/2014 at 9:00 AM and will be conducted by telephone. Additional information regarding these and other points is contained in the body of this order. (mk).
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Filing 30
NOTICE of Motion by Bill Robins, Iii for presentment of motion to appear pro hac vice # 29 before Honorable Matthew F. Kennelly on 4/4/2014 at 09:00 AM. (Robins, Bill)
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Filing 29
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9358155. Bill Robins III (Robins, Bill) .
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Filing 28
NOTICE of Motion by Myron Milton Cherry for presentment of motion to reassign case # 27 before Honorable Matthew F. Kennelly on 4/4/2014 at 09:00 AM. (Cherry, Myron)
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Filing 27
MOTION by Plaintiff John Emmons to reassign case Pursuant to Local Rule 40.4 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cherry, Myron) .
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Filing 26
ATTORNEY Appearance for Defendants Eli Lilly and Company, Lilly USA, Inc. by David Edward Stanley (Stanley, David)
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Filing 25
ATTORNEY Appearance for Defendant Endo Pharmaceuticals, Inc. by Pamela Joan Yates (Yates, Pamela)
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Filing 24
ATTORNEY Appearance for Defendant Endo Pharmaceuticals, Inc. by Andrew Keith Solow (Solow, Andrew)
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Filing 23
STATUS Report (Joint) by AbbVie, Inc., et al, Abbott Laboratories, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Glauberman, Scott)
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Filing 22
ORDER: The motions of Andrew K. Solow and Pamela Yates to appear pro hac vice are both granted [dkt. nos. 18 & 19]. The motion hearing date of 4/1/2014 is vacated. Counsel are directed to promptly contact the Clerk of Court to establish e-filing accounts in this district. Signed by the Honorable Matthew F. Kennelly on 3/31/2014. Mailed notice(vcf, )
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Filing 21
NOTICE of Motion by Jeffrey Mark Wagner for presentment of motion to appear pro hac vice # 19 before Honorable Matthew F. Kennelly on 4/1/2014 at 09:30 PM. (Wagner, Jeffrey)
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Filing 20
NOTICE of Motion by Jeffrey Mark Wagner for presentment of motion to appear pro hac vice # 18 before Honorable Matthew F. Kennelly on 4/1/2014 at 09:30 AM. (Wagner, Jeffrey)
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Filing 19
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9334798. (Yates, Pamela)
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Filing 18
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9334749. (Solow, Andrew)
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Filing 17
ATTORNEY Appearance for Defendant Endo Pharmaceuticals, Inc. by Jeffrey Mark Wagner (Wagner, Jeffrey)
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Filing 16
MINUTE entry before the Honorable Matthew F. Kennelly: To ensure that notices are received by all parties, the Clerk is directed to add all parties of the reassigned cases listed on the Executive Committee Order of 3/14/2014, as well as their respective attorneys, to this docket. (pjg, )
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Filing 15
RESPONSE by Robert Cripe, Angela Gibby, Roger Gibby, Joseph Hardee, Rebecca Hardeein Opposition to MOTION by In Re AbbVie, Inc., et al for extension of time to file answer OR OTHERWISE PLEAD # 8 (Attachments: # 1 Exhibit A - Defendants' Response to Motion for Coordination)(Johnson, Ronald)
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Filing 14
REPLY by AbbVie, Inc., et al, Abbott Laboratories, Inc. to MOTION by In Re AbbVie, Inc., et al for extension of time to file answer OR OTHERWISE PLEAD # 8 (Glauberman, Scott)
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Filing 13
RESPONSE by Service List to motion for extension of time to file answer # 8 Plaintiff's Response to Defendant's Motion to Extend Time to Answer or Otherwise Plead (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Miracle, Trent)
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Filing 12
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to appear # 10 is granted. The motion hearing date of 3/27/2014 is vacated. The telephone status hearing set for 4/4/2014 is converted to an in-person status hearing set for 4/4/2014 at 9:00 a.m. Chicago time. (pjg, )
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Filing 11
NOTICE of Motion by Trent B. Miracle for presentment of motion for leave to appear # 10 before Honorable Matthew F. Kennelly on 3/27/2014 at 09:30 AM. (Miracle, Trent)
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Filing 10
Joint MOTION by Service List for leave to appear as In Person at Status Hearing Joint (Miracle, Trent)
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Filing 9
NOTICE of Motion by Scott P. Glauberman for presentment of motion for extension of time to file answer # 8 before Honorable Matthew F. Kennelly on 4/4/2014 at 08:45 AM. (Glauberman, Scott)
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Filing 8
MOTION by In Re AbbVie, Inc., et al for extension of time to file answer OR OTHERWISE PLEAD (Glauberman, Scott)
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Filing 7
ORDER: Defendant Eli Lilly & Co.'s motion for extension of time, filed in Case No. 14 C 1798, is granted [Case No. 14 C 1748, dkt. no. 3]. Response to complaint is to be filed by 4/15/14. The motion of David Stanley to appear pro hac vice, filed in Case No. 14 C 1298, is also granted [Case No. 14 C 1298, dkt. no. 19]. The Clerk is directed to terminate that motion on the docket of 14 C 1298. The Clerk is directed to add Mr. Stanley's appearance to the docket in Case No. 14 C 1748, without the need for filing a separate motion to appear pro hac vice in that case. Counsel is directed to establish an e-filing account in this district. The hearing date before Judge Kennelly of 3/20/14 as to both motions is granted. Signed by the Honorable Matthew F. Kennelly on 3/18/2014. Mailed notice(vcf, )
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Filing 6
PRETRIAL ORDER NO. 1 signed by the Honorable Matthew F. Kennelly on 3/18/2014. (mk)
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Filing 5
NOTICE of Motion by Timothy Robert Carraher for presentment of before Honorable Matthew F. Kennelly on 3/20/2014 at 09:30 AM. (Carraher, Timothy)
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Filing 4
NOTICE of Motion by Timothy Robert Carraher for presentment of motion for extension of time to file response/reply # 3 before Honorable Matthew F. Kennelly on 3/20/2014 at 09:30 AM. (Carraher, Timothy)
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Filing 3
MOTION by Defendant Eli Lilly and Company for extension of time to file response/reply (Carraher, Timothy)
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Filing 2
MINUTE entry before the Honorable Matthew F. Kennelly: A telephone status conference concerning all cases against AbbVie that have been reassigned to Judge Kennelly for coordinated pretrial proceedings is set for 4/4/2014 at 8:45 AM Chicago time. Counsel are to cooperate in setting up a call-in number for the conference and are to provide it to Judge Kennelly's judicial assistant by no later than 4/2/2014. The Court anticipates entering an order this week addressing certain preliminary matters and describing the subjects to be discussed at the status conference. In the interim, all motions relating to any of the reassigned cases should be filed under the present case number, with a caption including both the title and case number assigned to the present case and the title and case number of the individual case to which the motion pertains. (mk)
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Filing 1
EXECUTIVE COMMITTEE ORDER: It appearing that it is in the interest of efficient judicial administration for the cases on the attached list to be consolidated through a coordinated pretrial proceeding as provided for by Internal Operating Procedure 13(e); and It further appearing the lowest numbered case in the attached list is assigned to the Hon. Matthew F. Kennelly, who has agreed to preside over the consolidated pretrial proceeding; therefore It is hereby ordered that the cases on the attached list are hereby consolidated for pretrial coordination proceedings in 14 C 1748, in re AbbVie, Inc., et al., presided over by the Hon. Matthew F, Kennelly. It is further ordered that Magistrate Judge Maria Valdez shall be the designated magistrate judge in 14 C 1748. It is further ordered that any such cases shall remain pending on the calendars of the judges to whom they are currently assigned, and that an order be entered in each case by Judge Kennelly at such time as coordinated pretrial proceedings have concluded. Signed by the Executive Committee on 3/14/2014 (td, )
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