Keri Griesbach et al v Bayer Corporation et al
| Keri Griesbach, Alina Jimenez, Leslie Maldonado, Alexandra Pierce, Katina Pintily, Nicole Shapiro, Stella Slyngstad, Jennifer Lynn Smith, Cynthia Williams, Melissa Livecchi, Kimberly Longdue, Emily Lowinski, Susan Lyons, Traci Mackie, Tracy Maden, Sarah Madison, Nancy Maly, Franchesca Martin, Isamar Martinez, Leann Maxwell, Sandra McBride, Elizabeth McGuire, Michelle McGuire, Kelli McCrae, Ashley Miller, Sarah Mills, Lori Miller, Jennifer Molina, Arlene Monroe, Kimberly Montanelli, Jaymee Moreno, Marisa Moses, Jillian Mulhern, Sherry Munns, Marilyn Navarro, Shelli Ness, Raquel Nolasco, Heather Nunez, Amberlee Oakes, Andrea O Dell, Taylor Olvera, Lori Padgett, Darcy Paulus, Emily Peterson, Ellen Petrina, Alison Picheloup, Alisa Piedlau, Carolyn Prall, Michelle Pridgeon, Romona Pullins, Samantha Quiles, Amye Quinn, Kayla Roberts, Rosa Roberts-Gortman, Samantha Rodriguez, Trinidad Rodriguez, Kristin Ross, Kari Rovin, Yvette Sampson-McDaniel, Sonnie Sanchez, Karen Savage, April Schlarman, Amy Schmitt, Brandi Schneider, Debra Schneider, Lisa Scott, Colleen Sherbin, Darniesha Siggers, Janice Sims, Lisa Siniscaldni, Alicia Sinko, Angela Smith, Jennifer Smith, Jennifer Sparks, Aimee Spencer, Dina Spoon, Heather Spurlock, Marcia Spurlock, Stacie Stelly, Amanda Stephens, Emma Tillman, Kelsey Timbs, Cheryll Timpa, Tursonya Whittaker, Kina Williams, Danielle Williams-Hopkins, Jennifer Willougby, Savannah Wilson, Susan Winter, Stacy Wisler, Ginna Wolfe, Laura Wood, Sharon Wroblewski and Cherie Zangerle |
| Bayer AG, Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals Inc, Bayer Schering Pharma AG, Berlex Laboratories International Inc., Does 1-50, McKesson Corporation and Schering AG |
| 3:2011cv20003 |
| January 18, 2011 |
| U.S. District Court for the Southern District of Illinois |
| East St. Louis Office |
| XX US, Outside State |
| Philip M Frazier |
| David R Herndon |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| Both |
Docket Report
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Filing 66
ORDER DISMISSING CASE: The Court acknowledges the stipulation of dismissal filed on 4/5/2017. This stipulation dismissed the only remaining Plaintiff. Accordingly, this matter closes the case. Signed by Judge David R. Herndon on 4/12/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 65 STIPULATION of Dismissal With Prejudice of Settled Actions - Plaintiff Isamar Martinez Only by Bayer Healthcare Pharmaceuticals Inc. (Lueckenhoff, Terry) |
| Filing 64 STIPULATION of Dismissal With Prejudice - Plaintiff Stacy Wisler Only by Bayer Healthcare Pharmaceuticals Inc. (Lueckenhoff, Terry) |
| Filing 63 STIPULATION of Dismissal Without Prejudice - Plaintiffs Ellen Petrina, Cheryll Timpa Only by Bayer Healthcare Pharmaceuticals Inc. (Lueckenhoff, Terry) |
| Filing 62 STIPULATION of Dismissal Without Prejudice - Plaintiff Heather Spurlock Only by Bayer Healthcare Pharmaceuticals Inc. (Lueckenhoff, Terry) |
| Filing 61 STIPULATION of Dismissal Without Prejudice - Plaintiffs Arlene Monroe, Brandi Schneider Only by Bayer Healthcare Pharmaceuticals Inc. (Lueckenhoff, Terry) |
| Filing 60 STIPULATION of Dismissal Without Prejudice - Plaintiff Danielle Williams-Hopkins Only by Bayer Healthcare Pharmaceuticals Inc. (Galvin, John) |
| Filing 59 STIPULATION of Dismissal Without Prejudice - Plaintiff Emma Tillman Only by Bayer Healthcare Pharmaceuticals Inc. (Galvin, John) |
| Filing 58 STIPULATION of Dismissal Without Prejudice - Plaintiff Carolyn Prall Only by Bayer Healthcare Pharmaceuticals Inc. (Galvin, John) |
| Filing 57 STIPULATION of Dismissal Without Prejudice with regards to plaintiff, Tracy Maden only by Bayer Healthcare Pharmaceuticals Inc. (Galvin, John) Modified on 4/27/2015 (jlrr ). |
| Acknowledging Stipulation of Dismissal without prejudice as to Rosa Roberts-Gortman and terminating the same. Signed by Judge David R. Herndon on 2/20/2015. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 56 STIPULATION of Dismissal Without Prejudice - Plaintiff Rosa Roberts-Gortman Only by Bayer Healthcare Pharmaceuticals Inc. (Lueckenhoff, Terry) |
| Filing 55 STIPULATION of Dismissal With Prejudice - Plaintiff Cherie Zangerle Only by Bayer Healthcare Pharmaceuticals Inc. (Lueckenhoff, Terry) |
| Filing 54 STIPULATION of Dismissal With Prejudice - Plaintiff Susan Winter Only by Bayer Healthcare Pharmaceuticals Inc. (Lueckenhoff, Terry) |
| Filing 53 STIPULATION of Dismissal With Prejudice - Plaintiff Kelsey Timbs Only by Bayer Healthcare Pharmaceuticals Inc. (Lueckenhoff, Terry) |
| Filing 52 STIPULATION of Dismissal With Prejudice - Plaintiff Stacie Stelly Only by Bayer Healthcare Pharmaceuticals Inc. (Lueckenhoff, Terry) |
| Filing 51 STIPULATION of Dismissal With Prejudice - Plaintiff Dina Spoon Only by Bayer Healthcare Pharmaceuticals Inc. (Lueckenhoff, Terry) |
| Filing 50 STIPULATION of Dismissal With Prejudice - Plaintiff Angela Smith Only by Bayer Healthcare Pharmaceuticals Inc. (Lueckenhoff, Terry) |
| Filing 49 STIPULATION of Dismissal With Prejudice - Plaintiff Alisa Piedlau Only by Bayer Healthcare Pharmaceuticals Inc. (Lueckenhoff, Terry) |
| Filing 48 STIPULATION of Dismissal With Prejudice - Plaintiff Lori Miller Only by Bayer Healthcare Pharmaceuticals Inc. (Lueckenhoff, Terry) |
| Filing 47 STIPULATION of Dismissal With Prejudice - Plaintiff Michelle McGuire Only by Bayer Healthcare Pharmaceuticals Inc. (Lueckenhoff, Terry) |
| Filing 46 STIPULATION of Dismissal With Prejudice of Settled Actions - Plaintiffs Ashley Miller, Amberlee Oakes Only by Bayer Healthcare Pharmaceuticals Inc. (Lueckenhoff, Terry) |
| Filing 45 NOTICE by McKesson Corporation (Notice of Law Firm Name Change) (Jantsch, Carrie) |
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Filing 44
ORDER, Granting #42 MOTION (Motion to Remove Certain Attorneys of Record for Defendant McKesson Corporation) filed by McKesson Corporation., Attorney Mark C. Goodman; Julie E. Schwartz; Michelle Piera Alborzfar and David Anthony Gabianelli terminated.Signed by Chief Judge David R. Herndon on 5/16/2014. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 43 STIPULATION of Dismissal With Prejudice of Settled Actions - Plaintiffs Heather Nunez, Lori Padgett, Alison Picheloup, Romona Pullins Only by Bayer Healthcare Pharmaceuticals Inc. (Lueckenhoff, Terry) |
| Filing 42 MOTION (Motion to Remove Certain Attorneys of Record for Defendant McKesson Corporation) by McKesson Corporation. (Full, Michelle) |
| Filing 41 NOTICE of Appearance by Michelle M Full on behalf of McKesson Corporation (Full, Michelle) |
| Filing 40 NOTICE of Appearance by Carrie E Jantsch on behalf of McKesson Corporation (Jantsch, Carrie) |
| Filing 39 NOTICE of Appearance by Mark C Dosker on behalf of McKesson Corporation (Dosker, Mark) |
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Filing 38
ORDER granting in part and denying in part #31 Motion to Dismiss WITH prejudice. The Court GRANTS the motion to dismiss WITH prejudice as to the claims of plaintiffs Franchesca Martin, Kelli McCrae, Shelli Ness, Amanda Stephens,and Lauran Ann Wood. The Court DIRECTS the Clerk of the Court to ENTER JUDGMENT reflecting the same at THE CLOSE OF THE CASE. The motion to dismiss as to the remaining plaintiffs has been withdrawn and is denied as moot.Signed by Chief Judge David R. Herndon on 7/16/2013. (dsw)
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Filing 37
ORDER, granting #35 MOTION to Reinstate filed by Brandi Schneider, #34 MOTION to Reinstate filed by Kelsey Timbs, Danielle Williams-Hopkins, Lori Padgett. The Court VACATES the Order dismissing without prejudice the claims of Lori Padgett, Kelsey Timbs, Danielle Williams-Hopkins, and Brandi Schneider and directs the Clerk of the Court to reinstate the same. Signed by Chief Judge David R. Herndon on 7/16/2013. (dsw)
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| Filing 36 NOTICE by Bayer Healthcare Pharmaceuticals Inc re #35 MOTION to Reinstate , #34 MOTION to Reinstate - Notice of Non-Opposition to Plaintiffs' Motion to Reinstate - Plaintiffs Lori Padgett, Brandi Schneider, Kelsey Timbs, Danielle Williams-Hopkins Only (Galvin, John) |
| Filing 35 MOTION to Reinstate by Brandi Schneider. (Orr, Charles) |
| Filing 34 MOTION to Reinstate by Lori Padgett, Kelsey Timbs, Danielle Williams-Hopkins. (Orr, Charles) |
| Filing 33 NOTICE by Bayer Healthcare Pharmaceuticals Inc re #31 MOTION to Dismiss With Prejudice - Plaintiffs Franchesca Martin, Kelli McCrae, Shelli Ness, Lori Padgett, Brandi Schneider, Amanda Stephens, Kelsey Timbs, Danielle Williams-Hopkins, Lauran Ann Wood Only -- Notice of Withdrawal of Motion to Dismiss With Prejudice as to Brandi Schneider Only (Galvin, John) |
| Filing 32 NOTICE by Bayer Healthcare Pharmaceuticals Inc re #31 MOTION to Dismiss With Prejudice - Plaintiffs Franchesca Martin, Kelli McCrae, Shelli Ness, Lori Padgett, Brandi Schneider, Amanda Stephens, Kelsey Timbs, Danielle Williams-Hopkins, Lauran Ann Wood Only -- Notice of Withdrawal of Motion to Dismiss With Prejudice as to Certain Plaintiffs Only - Plaintiffs Lori Padgett, Kelsey Timbs, Danielle Williams-Hopkins Only (Galvin, John) |
| Filing 31 MOTION to Dismiss With Prejudice - Plaintiffs Franchesca Martin, Kelli McCrae, Shelli Ness, Lori Padgett, Brandi Schneider, Amanda Stephens, Kelsey Timbs, Danielle Williams-Hopkins, Lauran Ann Wood Only by Bayer Healthcare Pharmaceuticals Inc. Responses due by 5/2/2013 (Galvin, John) |
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Filing 30
CASE MANAGEMENT ORDER NUMBER 60, Settlement Agreement and Deadlines - Gallbladder Injuries. Signed by Chief Judge David R. Herndon on 3/15/2013. (Attachments: #1 Exhibit A (Signed Settlement Agreement), #2 Exhibit B (Notice of Intent to Opt Out Form - Appendix B-1), #3 Exhibit C (Notice of Intent to Opt In Form - Appendix B-2), #4 Exhibit D (Declaration - Appendix G))(dsw)
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Filing 29
ORDER granting #27 Motion to Reinstate. The Clerk of the Court is directed to reinstate the claims of the following plaintiffs: Susan Lyons, Tracy Maden, Lori Miller, Arlene Monroe, Ellen Petrina, Romona Pullins, Samantha Quiles, Amye Quinn, Stacie Stelly, Kina Williams, andGinna Wolfe. Signed by Chief Judge David R. Herndon on 6/19/2012. (dsw)
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| Filing 28 NOTICE by Bayer Healthcare Pharmaceuticals Inc re #27 MOTION to Reinstate -- Notice of Non-Opposition to Plaintiffs' Motion to Reinstate (Galvin, John) |
| Filing 27 MOTION to Reinstate by Susan Lyons, Tracy Maden, Lori Miller, Arlene Monroe, Ellen Petrina, Romona Pullins, Samantha Quiles, Amye Quinn, Stacie Stelly, Kina Williams, Ginna Wolfe. (Orr, Charles) |
| Filing 26 STIPULATION of Dismissal Without Prejudice by Darniesha Siggers. (Mulligan, Patrick) |
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Filing 25
ORDER finding as moot #20 Motion for Extension of Time to File Response/Reply. Signed by Chief Judge David R. Herndon on 3/1/2012. (dsw)
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Filing 24
ORDER granting #14 Motion to Dismiss. Order of dismissal without prejudice for failure to comply with PFS requirements applies to plaintiffs Lyons, Maden, Martin, McCrae, Miller, Monroe, Ness, Padgett, Petrina, Pullins, Quiles, Quinn, Schneider, Stelly, Stephens, Timbs, Williams, Williams-Hopkins, Wolfe, and Wood. Signed by Chief Judge David R. Herndon on 2/28/2012 (dsw).
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| Filing 23 REPLY to Response to Motion re #14 MOTION to Dismiss Without Prejudice - Only Applies to Plaintiffs Lyons, Maden, Martin, McCrae, Miller, Monroe, Ness, Padgett, Petrina, Pullins, Quiles, Quinn, Schneider, Smith, Stelly, Stephens, Timbs, Williams, Williams-Hopkins, Wolfe, Wood -- Reply to Plaintiffs' Response to Motion to Dismiss Without Prejudice - Only Applies to Plaintiffs Pullins, Smith, Williams filed by Bayer Healthcare Pharmaceuticals Inc. (Galvin, John) |
| Filing 22 RESPONSE to Motion re #14 MOTION to Dismiss Without Prejudice - Only Applies to Plaintiffs Lyons, Maden, Martin, McCrae, Miller, Monroe, Ness, Padgett, Petrina, Pullins, Quiles, Quinn, Schneider, Smith, Stelly, Stephens, Timbs, Williams, Williams-Hopkins, Wolfe, Wood filed by Romona Pullins, Jennifer Smith, Kina Williams. (Attachments: #1 Exhibit Orr Declaration)(Orr, Charles) |
| Filing 21 NOTICE by Bayer Healthcare Pharmaceuticals Inc re #14 MOTION to Dismiss Without Prejudice - Only Applies to Plaintiffs Lyons, Maden, Martin, McCrae, Miller, Monroe, Ness, Padgett, Petrina, Pullins, Quiles, Quinn, Schneider, Smith, Stelly, Stephens, Timbs, Williams, Williams-Hopkins, Wolfe, Wood -- Notice of Withdrawal of Motion to Dismiss Without Prejudice as to a Single Plaintiff - Jennifer Smith Only (Galvin, John) |
| Filing 20 MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss Without Prejudice - Only Applies to Plaintiffs Lyons, Maden, Martin, McCrae, Miller, Monroe, Ness, Padgett, Petrina, Pullins, Quiles, Quinn, Schneider, Smith, Stelly, Stephens, Timbs, Williams, Williams-Hopkins, Wolfe, Wood by Susan Lyons, Tracy Maden, Franchesca Martin, Kelli McCrae, Lori Miller, Arlene Monroe, Shelli Ness, Lori Padgett, Ellen Petrina, Romona Pullins, Samantha Quiles, Amye Quinn, Brandi Schneider, Jennifer Smith, Stacie Stelly, Amanda Stephens, Kelsey Timbs, Kina Williams, Danielle Williams-Hopkins, Ginna Wolfe, Laura Wood. (Orr, Charles) |
| Filing 19 NOTICE OF ERRORS AND/OR DEFICIENCIES re #18 Notice of Appearance filed by Cynthia Williams, et al. and #17 Notice of Appearance filed by Cynthia Williams, et al. See attached document for specifics (drb) |
| Filing 18 NOTICE of Appearance by Patrick James Mulligan on behalf of All Plaintiffs (Mulligan, Patrick) |
| Filing 17 NOTICE of Appearance by Charles G. Orr on behalf of All Plaintiffs (Orr, Charles) |
| Filing 16 STIPULATION of Dismissal of a Single Plaintiff Without Prejudice - Jennifer Sparks by Bayer Healthcare Pharmaceuticals Inc. (Galvin, John) |
| Filing 15 NOTICE of Appearance by Eric W. Gruenwald on behalf of All Plaintiffs (Gruenwald, Eric) |
| Filing 14 MOTION to Dismiss Without Prejudice - Only Applies to Plaintiffs Lyons, Maden, Martin, McCrae, Miller, Monroe, Ness, Padgett, Petrina, Pullins, Quiles, Quinn, Schneider, Smith, Stelly, Stephens, Timbs, Williams, Williams-Hopkins, Wolfe, Wood by Bayer Healthcare Pharmaceuticals Inc. Responses due by 3/1/2012 (Attachments: #1 Exhibit A - PFS Chart, #2 Exhibit B - PFS Letter)(Galvin, John) |
| Filing 13 STIPULATION of Dismissal of Multiple Plaintiffs Without Prejudice by Bayer Healthcare Pharmaceuticals Inc. (Galvin, John) |
| Filing 12 Case transferred in from District of California Central; Case Number 2:10-cv-09488. Original file certified copy of transfer order and docket sheet received. |
| Filing 11 TRANSMITTAL LETTER - MDL CASE TRANSFER OUT: A Certified copy of MDL-2100 Conditional Transfer Order (CTO-44) with Docket Sheet electronically transferred to USDC, Southern District of Illinois at East St. Louis on 1/13/2011. (jp) [Transferred from California Central on 1/18/2011.] |
| Filing 10 CONDITIONAL TRANSFER ORDER (CTO-44) from the Judicial Panel on Mutidistrict Litigation MDL 2100, with Docket Sheet electronically transferring case to USDC, Southern District of Illinios at East St. Louis and assigned to the Honorable David R. Herndon on 1/13/2011. (MD JS-6. Case Terminated.) (jp) [Transferred from California Central on 1/18/2011.] |
| Filing 9 CERTIFICATE OF SERVICE filed by Defendant Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals Inc, served on 1. SERVICES FOR ATTORNEYS AND THE GENERAL PUBLIC; 2. NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY; 3. NOTICE TO PARTIES OF ADR PROGRAM, ADR PROGRAM QUESTIONNAIRE; 4. NOTICE TO COUNSEL; 5. CIVILITY AND PROFESSIONALISM GUIDELINES. (Ochoa, Yolanda) [Transferred from California Central on 1/18/2011.] |
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Filing 8
ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Judge A. Howard Matz that this matter is set for a Scheduling Conference on 2/14/2011 at 1:30 PM. The conference will be held pursuant to FRCP 16(b). The parties reminded of their obligations under FRCP 26(a)(1) to disclose information (without awaiting a discovery request) and under Rule 26(f) to confer on a discovery plan not later than twenty-one (21) days prior to the scheduling conference and to file a report with the Court entitled "Joint Rule 26(f) Report" not later than fourteen (14) days after they confer. Failure to comply with the following requirements or to cooperate in the preparation of the Joint Rule 26(f) Report may lead to the imposition of sanctions. (jp) [Transferred from California Central on 1/18/2011.]
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Filing 7
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 10-04527 AHM(RZx). Case transferred from Judge Dale S. Fischer and Magistrate Judge Alicia G. Rosenberg to Judge A. Howard Matz and Magistrate Judge Ralph Zarefsky for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 10-09488 AHM(RZx).Signed by Judge A. Howard Matz (rn) [Transferred from California Central on 1/18/2011.]
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| Filing 6 NOTICE TO PARTIES OF ADR PROGRAM filed.(esa) [Transferred from California Central on 1/18/2011.] |
| Filing 5 CERTIFICATE OF SERVICE filed by defendants Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals Inc, served on 12/10/10. (esa) (mg). [Transferred from California Central on 1/18/2011.] |
| Filing 4 NOTICE OF PENDENCY OF OTHER ACTIONS OR PROCEEDINGS filed by defendants Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals Inc. Related Case(s): CV 10-7516 AHM (RZx); CV 10-7423 AHM (RZx) (esa) (mg). [Transferred from California Central on 1/18/2011.] |
| Filing 3 NOTICE OF INTERESTED PARTIES filed by defendants Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals Inc, identifying Other Affiliate Schering Berlin Inc for Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals Inc. (esa) (mg). [Transferred from California Central on 1/18/2011.] |
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Filing 2
STANDING ORDER for Cases Assigned to Judge Dale S Fischer: Read this Order Carefully. It controls this case and differs in some respect from the Local Rules; Counsel for Plaintiff shall immediately serve this Order on all parties, including any new parties to the action; If this case came to the Court by Noticed Removal, Defendant shall serve this Order on all other parties (See document for further details) by Judge Dale S. Fischer. (shb) [Transferred from California Central on 1/18/2011.]
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| Filing 1 NOTICE OF REMOVAL from the Superior Court of CA, Los Angeles County, case number BC446664 with CONFORMED copies of summons and complaint. Case assigned to Judge Dale S. Fischer, discovery to Magistrate Judge Alicia G Rosenberg; (Filing fee $ 350 PAID ); filed by defendants Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals Inc.(esa) (Additional attachment(s) added on 12/14/2010: #1 part 2, #2 part 3, #3 part 4) (mg). [Transferred from California Central on 1/18/2011.] |
| CONFORMED COPY OF ANSWER TO COMPLAINT, #1 filed by defendant McKesson Corporation.(esa) [Transferred from California Central on 1/18/2011.] |
| CONFORMED COPY OF ANSWER TO COMPLAINT, #1 filed by defendant Bayer Healthcare Pharmaceuticals Inc.(esa) [Transferred from California Central on 1/18/2011.] |
| CONFORMED COPY OF ANSWER TO COMPLAINT, #1 filed by defendant Bayer Healthcare LLC.(esa) [Transferred from California Central on 1/18/2011.] |
| CONFORMED COPY OF ANSWER TO COMPLAINT, #1 filed by defendant Bayer Corporation.(esa) [Transferred from California Central on 1/18/2011.] |
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