Moughler et al v. Abbott Laboratories et al
Plaintiff: William Jameson, Kathy Moughler, Brian Moughler and Tina Jameson
Defendant: Abbott Laboratories and Abbvie Inc.
Petitioner: James Anthony
Case Number: 3:2018cv00990
Filed: April 19, 2018
Court: US District Court for the Southern District of Illinois
Office: East St. Louis Office
County: XX US, Outside State
Presiding Judge: David R Herndon
Referring Judge: Nancy J Rosenstengel
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 15, 2020 Opinion or Order Filing 241 ORDER OF DISMISSAL: All individual claims in this action having now been resolved in the member case filed in the related settlement docket, this action is DISMISSED with prejudice, and the case is CLOSED. Signed by Chief Judge Nancy J. Rosenstengel on 7/15/2020. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
January 10, 2019 Filing 240 Case Reassigned to Judge Nancy J. Rosenstengel. Judge David R. Herndon no longer assigned to the case. (slj2)
October 16, 2018 Opinion or Order Filing 239 ORDER terminating #201 Motion for Summary Judgment administratively per pending resolution.. Signed by Judge David R. Herndon on 10/16/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 16, 2018 Opinion or Order Filing 238 ORDER terminating #199 Motion for Partial Summary Judgment administratively per pending resolution.. Signed by Judge David R. Herndon on 10/16/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 16, 2018 Opinion or Order Filing 237 ORDER terminating #196 Motion for Hearing administratively per pending resolution.. Signed by Judge David R. Herndon on 10/16/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 16, 2018 Opinion or Order Filing 236 ORDER terminating #195 Motion to Exclude administratively per pending resolution.. Signed by Judge David R. Herndon on 10/16/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 16, 2018 Opinion or Order Filing 235 ORDER terminating #194 Motion to Exclude administratively per pending resolution.. Signed by Judge David R. Herndon on 10/16/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 16, 2018 Opinion or Order Filing 234 ORDER terminating #193 Motion to Exclude administratively per pending resolution.. Signed by Judge David R. Herndon on 10/16/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 16, 2018 Opinion or Order Filing 233 ORDER terminating #191 Motion to Exclude administratively per pending resolution.. Signed by Judge David R. Herndon on 10/16/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 16, 2018 Opinion or Order Filing 232 ORDER terminating #190 Motion to Exclude administratively per pending resolution.. Signed by Judge David R. Herndon on 10/16/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 19, 2018 Filing 231 Case transferred in from District of Kentucky Eastern; Case Number 2:14-cv-00081. Original file certified copy of transfer order and docket sheet received.
April 17, 2018 Opinion or Order Filing 230 ORDER: That the Parties' Joint Motion to Transfer Venue of this action to the Southern District of Illinois is granted. This action is TRANSFERRED to the United States District Court for the Southern District of Illinois, for all further proceedings. Signed by Judge William O. Bertelsman on 4/17/2018.(ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
April 17, 2018 Clerk's Note re #230 Order: Case extracted and electronically transmitted to the USDC/ILSD via CM/ECF. (CBD) [Transferred from Kentucky Eastern on 4/19/2018.]
April 16, 2018 Filing 229 JOINT MOTION for Order by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Pursuant to 28 USC Section 1404(a) to Transfer Venue to Southern District of Illinois. (Attachments: #1 Exhibit A - Administrative order, #2 Proposed Order)(Bailey, Melanie) Modified text to take out referral language on 4/17/2018 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
March 19, 2018 Opinion or Order Filing 228 ORDER: That the parties shall advise the Court as to the status of the litigation on or before April 16, 2018. Signed by Judge William O. Bertelsman on 3/19/2018.(ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
March 16, 2018 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #227 Notice of Joint Case Status (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
March 15, 2018 Filing 227 NOTICE by Abbott Laboratories, Abbvie Inc. re #226 Order, Terminate Hearings,, Joint Notice of Case Status (Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
March 6, 2018 Opinion or Order Filing 226 ORDER: 1) That the Final Pretrial Conference date of April 2, 2018 and the Jury Trial date of May 7, 2018 be, and hereby are, VACATED; and 2) That per the Courts Order #225 , the parties shall advise the Court of the status of ligation, on or before March 15, 2018. Signed by Judge William O. Bertelsman on 3/6/2018.(ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
February 9, 2018 Opinion or Order Filing 225 ORDER: 1) The parties' #224 JOINT MOTION to Stay the litigation is granted. 2) The Parties shall advise the Court as to the status of the litigation on or before 3/15/2018. Signed by Judge William O. Bertelsman on 2/9/2018.(ECO)cc: COR Modified to correct typo on 2/13/2018 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
February 8, 2018 Filing 224 JOINT MOTION to Stay by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Joint Motion To Stay The Litigation. (Attachments: #1 Proposed Order)(Bailey, Melanie) Modified text to take out referral language on 2/9/2018 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
January 11, 2018 Filing 223 SUPPLEMENTAL RESPONSE BRIEF to #222 Supplemental Submission Regarding Preemption filed by Abbott Laboratories, Abbvie Inc.. (Attachments: #1 Exhibit 1 - Willis 2017-12-01 SJ Order, #2 Exhibit 2 - Swanson SJ Order 2017-11-28, #3 Exhibit 3 - Willis Complaint, #4 Exhibit 4 - Swanson Complaint, #5 Exhibit 5 - Swanson Summ. J. Resp., #6 Exhibit 6 - Willis Summ. J. Resp., #7 Exhibit 7 - Swanson Pls. Partial Summary J. Mot., #8 Exhibit 8 - Willis Pls. Partial Summary J. Mot., #9 Exhibit 9 - Moughler Life Care Plan, #10 Exhibit 10 - Rheinfrank Trial Transcripts, #11 Exhibit 11 - Willis 2018-01-05 Order re Daubert Motions)(Pope, Susan) Modified on 1/12/2018 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
December 12, 2017 Opinion or Order Filing 222 ORDER: 1) Defendants shall file supplemental briefing on whether and to what extent they contend Plaintiffs claims are preempted no later than January 11, 2018; 2) Plaintiff shall file their response no later than February 12, 2018; and 3) Defendants shall file their reply no later than February 26, 2018.. Signed by Judge William O. Bertelsman on 12/12/2017.(KRB)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
November 6, 2017 NOTICE OF DOCKET MODIFICATION TO Susan Pope; Error: the Reply to #193 was incorrectly filed using the event response. Entry by attorney; Clerk modified the docket text of #218 to state, incorrectly filed. Clerk filed the Reply as #221 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. cc: COR (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
November 6, 2017 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #194 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of C. Ralph Buncher, #191 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Suzanne Parisian MD MOTION for Hearing, #193 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Florence Roullet, PhD MOTION for Hearing, #195 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Robert J. Lerer MD, #190 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Michael Privitera, MD MOTION for Hearing (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
November 3, 2017 Filing 221 REPLY to Response to Motion re #193 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Florence Roullet, PhD MOTION for Hearing filed by Abbott Laboratories, Abbvie Inc. (Attachments: #1 Exhibit 1 - 2002-04 Depakote Label, #2 Exhibit 2 - 5-19-16 B.F. Transcript, #3 Exhibit 3 - 2-2-15 Dotegowski Order, #4 Exhibit 4 - 2-11-2011 email & att to email from FDA to Abbott) Filed per QC DE #218 .(ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
November 3, 2017 Filing 220 REPLY to Response to Motion re #195 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Robert J. Lerer MD filed by Abbott Laboratories, Abbvie Inc.. (Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
November 3, 2017 Filing 219 REPLY to Response to Motion re #194 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of C. Ralph Buncher filed by Abbott Laboratories, Abbvie Inc.. (Attachments: #1 Exhibit 1 - 2014.11.5 Buncher Dep. Excerpts, #2 Exhibit 2 - Perry Civil Docket, #3 Exhibit 3 - Nutraquest Civil Docket, #4 Exhibit 4 - 2017.2.15 Buncher Report)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
November 3, 2017 Filing 218 "INCORRECTLY FILED AS A RESPONSE" in Opposition re 193 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Florence Roullet, PhD MOTION for Hearing filed by Abbott Laboratories, Abbvie Inc.. (Attachments: #1 Exhibit 1 - 2002-04 Depakote Label, #2 Exhibit 2 - 5-19-16 B.F. Transcript, #3 Exhibit 3 - 2-2-15 Dotegowski Order, #4 Exhibit 4 - 2-11-2011 email & att to email from FDA to Abbott)(Pope, Susan) "Please see docket entry #221 for the CORRECT ENTRY for this document). Modified to add incorrectly filed on 11/6/2017 (ECO). Modified on 11/6/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
November 3, 2017 Filing 217 REPLY to Response to Motion re #191 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Suzanne Parisian MD MOTION for Hearing filed by Abbott Laboratories, Abbvie Inc.. (Attachments: #1 Exhibit 1 - 2.2.15 E.D. Order, #2 Exhibit 2 - Winter 2009 NAAED newsletter, #3 Exhibit 3 - Meador, et al 2006 Neurology, #4 Exhibit 4 - Parisian Report, #5 Exhibit 5 - 1.13.15 E.D. Stipulation)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
November 3, 2017 Filing 216 REPLY to Response to Motion re #190 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Michael Privitera, MD MOTION for Hearing filed by Abbott Laboratories, Abbvie Inc.. (Attachments: #1 Exhibit 1 - 8.1.16 Privitera Dep Excerpts (Redacted))(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
October 31, 2017 Filing 215 RESPONSE to #214 filed by Abbott Laboratories, Abbvie Inc.. (Attachments: #1 Exhibit A - Rheinfrank Preemption Instruction, #2 Exhibit B - Rheinfrank Closing Argument)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
October 27, 2017 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #214 Notice Plaintiffs' Submission To Correct the Record re: #212 Settlement Conference (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
October 26, 2017 Filing 214 NOTICE Plaintiffs' Submission To Correct The Record by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (Attachments: #1 Exhibit A - Rheinfrank 8-19-15 transcript, #2 Exhibit B - Rheinfrank Trial Transcript, #3 Exhibit C - Kaleta Trial Transcript)(Abaray, Janet) Modified on 10/27/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
October 25, 2017 Opinion or Order Filing 213 FINAL PRETRIAL ORDER: The above case is hereby assigned for a Final Pretrial Conference, pursuant to Federal Rules of Civil Procedure 16(d), on Monday, April 2, 2018 at 1:00 p.m., in Room 505, United States Courthouse, 35 West Fifth Street, in Covington, Kentucky. The Jury Trial is scheduled to commence on Monday, May 7, 2018 at 10:00 a.m. in Courtroom A in Covington, Kentucky. (Parties to comply with paragraphs I - V of Order and paragraphs I - VII of the Format For Pretrial Memorandum). Signed by Judge William O. Bertelsman on 10/25/2017.(ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
October 25, 2017 Opinion or Order Filing 212 MINUTE ENTRY ORDER FOR SETTLEMENT CONFERENCE held on 10/24/2017 before Judge William O. Bertelsman: Parties present as noted. IT IS ORDERED: 1)A JURY TRIAL is set for 5/7/2018 at 10:00 AM. The parties agreed to this date during the above conference. Subsequently, plaintiffs indicated a possible conflict with one of their expert witnesses. If the parties agree on an alternate date during the summer of 2018, the Court can likely accommodate a change in this schedule; 2) Plaintiffs and defendants shall have, respectively, 36 hours to put on their case, exclusive of closing statements; 3) A FINAL PRETRIAL CONFERENCE is set for 4/2/2018 at 01:00 PM. A copy of the Courts standard final pretrial order shall enter concurrently herewith; 4) All matters relating the Jameson plaintiffs, including the motion for summary judgment #201 , are HELD IN ABEYANCE pending further order of the Court; and 5) The status conference set for November 16, 2017 and the final pretrial conference set for December 12, 2017 are hereby, VACATED. (Court Reporter JOAN AVERDICK.) Signed by Judge William O. Bertelsman on 10/25/2017. (ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
October 23, 2017 Clerk's Note: re #207 Response in Opposition to Motion and #210 Response in Opposition to Motion - Telephone call this date with counsel's office verifying that page number 25 of the response at DE #207 is indeed a blank page and that Ex. 10 page 5 of the response at DE #210 is also a blank page. (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
October 20, 2017 Filing 211 RESPONSE in Opposition re #193 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Florence Roullet, PhD MOTION for Hearing filed by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler. (Attachments: #1 Exhibit A - Bracken 4-23-09 email, #2 Exhibit B - Bracken depo excerpts, #3 Exhibit C - Roullet report, #4 Exhibit D - Fox depo excerpts, #5 Exhibit E - Roullet CV, #6 Exhibit F - Roullet depo excerpts, #7 Exhibit G - 2013 Depakote Label, #8 Exhibit H - Tcheng depo excerpts 4-5-16, #9 Exhibit I - Tcheng Depo excerpts 8-2-16, #10 Exhibit J - Becker depo excerpts, #11 Exhibit K - Roullet Depo excerpts)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
October 20, 2017 Filing 210 RESPONSE in Opposition re #190 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Michael Privitera, MD MOTION for Hearing filed by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler. (Attachments: #1 Exhibit 1 - Privitera CV, #2 Exhibit 2 - Pivitera report, #3 Exhibit 3 - Privitera depo excerpts from Rheinfrank, #4 Exhibit 4 - Steck depo excerpts, #5 Exhibit 5 - Muraoka Depo excerpts, #6 Exhibit 6 - Kaleta transcript, #7 Exhibit 7 - Privitera moughler depo excerpts, #8 Exhibit 8 - brochure, #9 Exhibit 9 - Privitera works cited, #10 Exhibit 10 - Feigal depo excerpts, #11 Exhibit 11 - Depakote Label, #12 Exhibit 12 - Wiznitzer depo pages)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
October 20, 2017 Filing 209 RESPONSE in Opposition re #191 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Suzanne Parisian MD MOTION for Hearing filed by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler. (Attachments: #1 Exhibit A - Parisian CV, #2 Exhibit B - Parisian report, #3 Exhibit C - DSM, #4 Exhibit D - March 2017 Depakote label, #5 Exhibit E - Rheinfrank Parisian Depo, #6 Exhibit F - Moughler Parisian Depo, #7 Exhibit G - 2007 PDR, #8 Exhibit H - 2013 PDR, #9 Exhibit I - Carbone Email, #10 Exhibit J - Rodier 1996, #11 Exhibit K - 365h form, #12 Exhibit L - Rheinfrank Trial Testimony)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
October 20, 2017 Filing 208 RESPONSE in Opposition re #195 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Robert J. Lerer MD filed by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler. (Attachments: #1 Exhibit 1 - Lerer CV, #2 Exhibit 2 - Lerer Depo excerpts, #3 Exhibit 3 - Lerer expert report, #4 Exhibit 4 - Wiznitzer depo excerpts, #5 Exhibit 5 - Lerer literature review, #6 Exhibit 6 - 2017 Depakote Label, #7 Exhibit 7 - Boyd Depo excerpts, #8 Exhibit 8 - Brian Moughler depo excerpts, #9 Exhibit 9 - Steck depo excerpts, #10 Exhibit 10 - Muraoka Depo excerpts, #11 Exhibit 11 - Kaleta Trial Transcript excerpts)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
October 20, 2017 Filing 207 RESPONSE in Opposition re #194 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of C. Ralph Buncher filed by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler. (Attachments: #1 Exhibit A - Buncher Report, #2 Exhibit B - Buncher (Rheinfrank depo excerpts), #3 Exhibit C - Meinhold email, #4 Exhibit D - Privitera Report)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
October 13, 2017 Opinion or Order Filing 206 ORDER: Plaintiffs' #205 Motion to Stay the Deadlines in the September 20,2017 Pre-Trial Schedule is granted. In accordance with the requested relief, the parties shall comply with the dates, as set forth in the 9/20/2017 Order #186 for briefing of the Daubert. Signed by Judge William O. Bertelsman on 10/13/2017.(ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
October 12, 2017 Filing 205 MOTION for Order by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler To Stay Deadlines in the September 20, 2017 Pre-Trial Schedule . (Attachments: #1 Proposed Order)(Bailey, Melanie) Modified text to take out referral language on 10/13/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
October 5, 2017 Opinion or Order Filing 204 ORDER: granting #203 Motion to Seal Certain Exhibits and for leave to File Further Redacted Exhibits to Defendant's Motions to Exclude filed on 9/29/2017. Signed by Judge William O. Bertelsman on 10/5/2017. (ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
October 5, 2017 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #203 MOTION To seal certain exhibits re #190 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Michael Privitera, MD MOTION for Hearing, #195 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certa MOTION for Leave to File by Abbott Laboratories, Abbvie Inc. To file further redacted exhibits (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
October 5, 2017 Clerk's Note: Notices of Docket Modification sent to attorneys Susan Pope and Janet Abaray deleted by Clerk. Clerk docketed Notice in error. No further action required by counsel. (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
October 4, 2017 Filing 203 MOTION To seal certain exhibits re #190 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Michael Privitera, MD MOTION for Hearing, #195 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Robert J. Lerer MD, #194 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of C. Ralph Buncher, #191 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Suzanne Parisian MD MOTION for Hearing, #193 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Florence Roullet, PhD MOTION for Hearing by Abbott Laboratories, Abbvie Inc. , MOTION for Leave to File by Abbott Laboratories, Abbvie Inc. To file further redacted exhibits Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1 - Further redacted version of ECF 190-1, #2 Exhibit 2 - Further redacted version of ECF 190-2, #3 Exhibit 3 - Further redacted version of ECF 191-5, #4 Exhibit 4 - Further redacted version of ECF 193-1, #5 Exhibit 5 - Further redacted version of ECF 193-7, #6 Exhibit 6 - Further redacted version of ECF 193-10, #7 Exhibit 7 - Further redacted version of ECF 195-1, #8 Exhibit 8 - Further redacted version of ECF 195-2, #9 Exhibit 9 - Further redacted version of ECF 195-3, #10 Exhibit 10 - Further redacted version of ECF 195-8, #11 Proposed Order)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
October 3, 2017 Clerk's Note: re #201 MOTION for Summary Judgment by Abbott Laboratories, Abbvie Inc. as to Jameson Plaintiffs. Call from attorney who mistakenly filed sealed exhibits at #201 . Exhibits were correctly filed as sealed document at #202 . The exhibits have been sealed in #201 .(TJZ) [Transferred from Kentucky Eastern on 4/19/2018.]
October 2, 2017 Filing 202 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #27 Order on Motion for Protective Order, by Abbott Laboratories, Abbvie Inc. re: #201 Motion for Summary Judgment (Attachments: #1 Exhibit 1 - 2016-09-15 T. Jameson depo excerpts (Redacted), #2 Exhibit 2 - 2017-05-10 M. Privitera Report (Redacted), #3 Exhibit 3 - 2015-08-31 T. Sullivan Report - DJ (Redacted), #4 Exhibit 4 - T. Jameson - SSA Record (Redacted), #5 Exhibit 5 - T. Jameson - Privitera Record (Redacted), #6 Exhibit 18 - 2017-06-22 Radtke Report (Redacted), #7 Exhibit 22 - T. Jameson - Walgreens (Redacted)) (Christian, Randall) Modified to add link to motion on 10/3/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
October 2, 2017 Filing 201 MOTION for Summary Judgment by Abbott Laboratories, Abbvie Inc. as to Jameson Plaintiffs (Attachments: # (1) Exhibit 1 - 2016-09-15 T. Jameson depo excerpts (Redacted), #2 Exhibit 2 - 2017-05-10 M. Privitera Report (Redacted), #3 Exhibit 3 - 2015-08-31 T. Sullivan Report - DJ (Redacted), #4 Exhibit 4 - T. Jameson - SSA Record (Redacted), #5 Exhibit 5 - T. Jameson - Privitera Record (Redacted), #6 Exhibit 6 - 1992 PDR Use-in-Pregnancy Ratings & Depakote, #7 Exhibit 7 - (part 1) - Dec 2004 Comprehensive Summary of AES Annual Meeting, #8 Exhibit 7 - (part 2) - Dec 2004 Comprehensive Summary of AES Annual Meeting, #9 Exhibit 7 - (part 3) - Dec 2004 Comprehensive Summary of AES Annual Meeting, #10 Exhibit 8 - 4-18-05 Prior Approval Supplement Request, #11 Exhibit 9 - 2-7-06 Email from FDA's C. Calder to Abbott's S. Hoff, #12 Exhibit 10 - 5-21-07 Correspondence to FDA's R. Katz, #13 Exhibit 11 - 3-3-08 FDA Contact Report, #14 Exhibit 12 - (part 1) - 2009-04-30 Letter from Abbott to FDA, #15 Exhibit 12 - (part 2) - 2009-04-30 Letter from Abbott to FDA, #16 Exhibit 13 - (part 1) - 6-29-09 FDA Powerpoint (red ribbon version), #17 Exhibit 13 - (part 2) - 6-29-09 FDA Powerpoint (red ribbon version), #18 Exhibit 14 - 2011-10-07 Supplement Approval and REMS Retraction, #19 Exhibit 15 - Depakote PDR 1985, #20 Exhibit 16 - 2017-04-13 Parisian Supplemental Report (Redacted), #21 Exhibit 17 - 2017-05-12 C. Ralph Buncher Report (Redacted), #22 Exhibit 18 - 2017-06-22 Radtke Report (Redacted), #23 Exhibit 19 - 2012-01-27 Parisian General Report, #24 Exhibit 20 - 2014-11-05 (Rheinfrank) Depostition of Ralph Buncher, #25 Exhibit 21 - (part 1) - 2011-02-11 FDA email with attachment (red ribbon version), #26 Exhibit 21 - (part 2) - 2011-02-11 FDA email with attachment (red ribbon version), # (27) Exhibit 22 - T. Jameson - Walgreens (Redacted), #28 Exhibit 23 - 2017-06-29 Privitera depo excerpts, #29 Exhibit 24 - Depakote PDR 1990, #30 Exhibit 25 - Depakote PDR 1991, #31 Proposed Order)(Christian, Randall) Modified to seal exhibits filed under seal in #202 on 10/3/2017 per #27 Protective Order (TJZ). [Transferred from Kentucky Eastern on 4/19/2018.]
October 2, 2017 Filing 200 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #27 Order on Motion for Protective Order, by Tina Jameson, Tina Jameson, William Jameson, William Jameson re: #199 Motion for Partial Summary Judgment (Attachments: #1 Exhibit B - Saal Report, #2 Exhibit D - Privitera Report) (Abaray, Janet) Modified to add link to Motion on 10/3/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
October 2, 2017 Filing 199 MOTION for Partial Summary Judgment AND Request/Motion for Oral Argument by Tina Jameson, Tina Jameson, William Jameson, William Jameson Oral Argument Requested (Attachments: #1 Memorandum in Support, #2 Exhibit A - Radtke Dep Exc., #3 Exhibit B - Saal Report, #4 Exhibit C - Buncher report, #5 Exhibit D - Privitera Report, #6 Exhibit E - Parisian Report, #7 Exhibit F - Depakote Label March 2017, #8 Exhibit G - Lavery Depo excerpt, #9 Exhibit H - Rheinfrank Trial Transcript, #10 Exhibit I - Rheinfrank Trial Ex. 1168, #11 Exhibit J - Labery Ex. 1281, #12 Exhibit K - Lavery Ex 1278, #13 Exhibit L - Mularski Dep exc., #14 Exhibit M - Spath Depo exc., #15 Exhibit N. - Muraoka Depo exc., #16 Proposed Order)(Abaray, Janet). Added MOTION for Hearing on 10/3/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
October 2, 2017 Filing 198 NOTICE OF FILING by Tina Jameson, Tina Jameson, William Jameson, William Jameson The Deposition of Lee Muraoka taken April 29, 2014 (Attachments: #1 Deposition Transcript of Lee Muraoka, #2 Exhibit 429 - Post Marketing VPA Reports of AERs Slides, #3 Exhibit 520 - 2008 Teratogenicity Educational Program, #4 Exhibit 71 - Lee M. Muraoka CV, #5 Exhibit 83 - Tridione PDR, #6 Exhibit 85 - Depakote Tablets 2013 Label, #7 Exhibit 590 - Deo Notice of Lee Muraoka, #8 Exhibit 591 - Abbott interoffice Corr, #9 Exhibit 592 7-15-13 DHCP letter, #10 Exhibit 593 - email chain re literature 1-18-01, #11 Exhibit 594 - email chain re pregnancy 1-18-01, #12 Exhibit 595 - 6-12-02 ltr from Muraoka to Katz, #13 Exhibit 596 - white paper 4-18-05, #14 Exhibit 597 - email chain from 2003, #15 Exhibit 598 - 11-10-03 ltr from Townsend to Katz, #16 Exhibit 599 - 12-1-05 ltr from Hoff to Katz, #17 Exhibit 600 - letter from Katz to Hoff, #18 Exhibit 601 - email chain attaching FDA Contact Repo, #19 Exhibit 602 - 1-17-06 email chain re Depakote with attachment, #20 Exhibit 603 - FDA Contact Report, #21 Exhibit 604 - 7-7-06 email from Hoff to Calder, #22 Exhibit 605 - Email chain Baker to Hoff 7-7-06, #23 Exhibit 606 - FDA Contact Report 7-7-06, #24 Exhibit 607 - Summary of information, #25 Exhibit 608 - email chain re Depakote ER revised period report, #26 Exhibit 609 - 9-21-10 email from Tresley to Muraoka, #27 Exhibit 610 - 4-30-09 white paper submitted by Abbott, #28 Exhibit 611 - email chain Tracy to Muraoka 6-24-09, #29 Exhibit 612 - Div Of Neurology Teleconference 9-18-09, #30 Exhibit 613 - email chain from Tracy to Muraoka 9-18-09, #31 Exhibit 614 - email chain from Gallas to Tresley 10-1-09, #32 Exhibit 615 - Abbott CBE0 submission 11-18-09, #33 Exhibit 616 - email chain from Tresley to Tracy 3-16-10, #34 Exhibit 617 - email chain Tresley to Homes 12-14-10, #35 Exhibit 618 - Daugherty to Muraoka email 12-1-10, #36 Exhibit 619 - email from Muraoka to Daugherty 12-16-10, #37 Exhibit 620 - email chaing from Daugherty to Muraoka 1-11-11, #38 Exhibit 621 - Depakote label 10-7-11, #39 Exhibit 622 - Meador abstract, #40 Exhibit 623 - Labeling information for Tridione, #41 Exhibit 624 - prescribing info re Accutane 2002, #42 Exhibit 625 - iPledge re Isotretinoin, #43 Exhibit 626 - PPT re Accutane, #44 Exhibit 627 - Lee Muraoka Affidavit, #45 Exhibit 628 - email chain 2-7-06, #46 Exhibit 629 - May 21, 2007 letter from Hoff to Katz, #47 Exhibit 630 - email from Muraoka to Tracy 6-23-09, #48 Exhibit 631 - PPT by M. Lisa Jones 6-2009, #49 Exhibit 632 - FDA Approval letter, #50 Exhibit 633 - email chaing from Meinhold to Mini, #51 Exhibit 634 - Maternal Administration of Thalidomide or valproic acid causes abnormal serotenergic neurons in the offspring: Implication for pathogenesis of autism)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
October 2, 2017 Filing 197 NOTICE OF FILING by Tina Jameson, Tina Jameson, William Jameson, William Jameson The Deposition of Cherilyn Spath taken October 10, 2013 (Attachments: #1 Deposition Transcript of Cherilyn Spath of 10-10-13, #2 Exhibit 1 - Depakote Label Revised Feb 2013, #3 Exhibit 2 - Draft, medical inf standard response letter, #4 Exhibit 3 - March 2008 Dear Healthcare Prof letter, #5 Exhibit 4 - 6-15-04 email from D. Lawson to C. Spath, #6 Exhibit 5 - document titled "Depakote Questions and Answers", #7 Exhibit 6 - 10-17-02 email from Kates to Spath, #8 Exhibit 7 - 11-5-02 email from Spath to Lawson, #9 Exhibit 8 - document "Sodium Valproate/Liverpool Study", #10 Exhibit 9 - Medical Services Organization Chart, #11 Exhibit 10 - document Abbott "Code of Business Conduct", #12 Exhibit 11 - 5-7-03 email string from J. Kody to J. Dustan re: Do Not Destroy Memo, #13 Exhibit 12 - Document "Full Prescribing Information" Depakote)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
September 29, 2017 Filing 196 MOTION for Hearing re #195 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Robert J. Lerer MD, #190 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Michael Privitera, MD MOTION for Hearing, #194 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of C. Ralph Buncher, #191 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Suzanne Parisian MD MOTION for Hearing, #193 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Florence Roullet, PhD MOTION for Hearing by Abbott Laboratories, Abbvie Inc. . (Attachments: #1 Proposed Order)(Pope, Susan) Modified text to take out referral language on 10/2/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
September 29, 2017 Filing 195 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Robert J. Lerer MD . (Attachments: #1 Exhibit 1 - K. Moughler Depo Excerpts, #2 Exhibit 2 - Lerer Depo Excerpts, #3 Exhibit 3 - Lerer Report, #4 Exhibit 4 - DSM-V, #5 Exhibit 5 - Genetics of Autism, #6 Exhibit 6 - Progress Notes, #7 Exhibit 7 - 2013 History & Physical, #8 Exhibit 8 - B. Moughler Depo Excerpts, #9 Exhibit 9 - Evaluation Record, #10 Proposed Order)(Pope, Susan) Modified text to take out referral language on 10/2/2017 (ECO). Modified to seal exhibits per Order DE #204 . See Redacted Exhibits at DE #203 on 10/5/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
September 29, 2017 Filing 194 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of C. Ralph Buncher . (Attachments: #1 Exhibit 1 - Buncher Report, #2 Exhibit 2 - Buncher 2014 Depo Excerpts, #3 Exhibit 3 - Buncher 2017 Depo Excerpts, #4 Exhibit 4 - Buncher 2016 Depo Excerpts, #5 Exhibit 5 - Becker Record, #6 Proposed Order)(Pope, Susan) Modified text to take out referral language on 10/2/2017 (ECO). Modified to seal exhibits per Order DE #204 . See Redacted Exhibits at DE #203 on 10/5/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
September 29, 2017 Filing 193 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Florence Roullet, PhD . (Attachments: #1 Exhibit 1 - Lerer Report, #2 Exhibit 2 - Roullet Report, #3 Exhibit 3 - Roullet 2016 Depo Excerpts, #4 Exhibit 4 - Roullet 2017 Depo Excerpts, #5 Exhibit 5 - Neurotoxicology Article, #6 Exhibit 6 - Parisian Report, #7 Exhibit 7 - Tcheng Depo Excerpts, #8 Exhibit 8 - Becker Depo Excerpts, #9 Exhibit 9 - Becker record, #10 Exhibit 10 - Moughler Depo Excerpts, #11 Exhibit 11 - Trial Transcript, #12 Proposed Order)(Pope, Susan). Added MOTION for Hearing on 9/29/2017 (ECO). Modified text to take out referral language on 10/2/2017 (ECO). Modified to seal exhibits per Order DE #204 . See Redacted Exhibits at DE #203 on 10/5/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
September 29, 2017 Opinion or Order Filing 192 ORDER: 1) The trial date of 1/3/2018, is VACATED. The Court will set a new trial date for the spring of 2018 after discussions with counsel at the conference ordered below; 2) A SETTLEMENT CONFERENCE is set for 10/24/2017 at 10:00 AM. The parties are ordered to have their respective client and/or representative, fully authorized to negotiate and approve a settlement in this matter, present in person at such conference. The parties attention is directed to Lockhart v. Patel, 115 F.R.D. 44(E.D. Ky. 1987); and 3) Counsel must submit to chambers via email at bertelsman_chambers@kyed.uscourts.gov on or before 10/17/2017 a confidential settlement evaluation, NOT TO EXCEED 7 PAGES, to include strengths and weaknesses of the case, liability and damages assessment, and a summary of prior settlement negotiations, if any. This document should not be filed with the Clerk of Court, as it is intended solely for the Courts use before and during the settlement conference. Signed by Judge William O. Bertelsman on 9/29/2017.(ECO)cc: COR Modified text on 10/2/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
September 29, 2017 Filing 191 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Suzanne Parisian MD . (Attachments: #1 Exhibit 1 - Deposition Excerpts of Dr. Parisian, #2 Exhibit 2 - CV, #3 Exhibit 3 - Parisian Testimony History, #4 Exhibit 4 - Excerpts of Scroggin Testimony, #5 Exhibit 5 - Parisian Report, #6 Proposed Order)(Pope, Susan). Added MOTION for Hearing on 9/29/2017 (ECO). Modified text to take out referral language on 10/2/2017 (ECO). Modified to seal exhibits per Order DE #204 . See Redacted Exhibits at DE #203 on 10/5/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
September 29, 2017 Filing 190 MOTION to Exclude by Abbott Laboratories, Abbvie Inc. Certain Opinion Testimony of Michael Privitera, MD . (Attachments: #1 Exhibit 1 - Report of Dr. Privitera, #2 Exhibit 2 - Privitera Deposition Excerpts, #3 Exhibit 3 - Becker Medical Record, #4 Proposed Order)(Pope, Susan). Added MOTION for Hearing on 9/29/2017 (ECO). Modified text to take out referral language on 10/2/2017 (ECO). Modified to seal exhibits per Order DE {204]. See Redacted Exhibits at DE #203 10/5/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
September 28, 2017 Filing 189 NOTICE OF FILING by Tina Jameson, Tina Jameson, William Jameson, William Jameson (Attachments: #1 Deposition Transcript of James Lavery, #2 Exhibit 1258 - Pltffs Amended NOD, #3 Exhibit 1259 - Def Answers & Obj, #4 Exhibit 1260 - Document Listing Neurodevelopmental, #5 Exhibit 1261 - Oct 1987 Pub. "Convention Prev", #6 Exhibit 1262 - BJ Wilder MD Pub, #7 Exhibit 1263 - Letter from Abbott 9/27/88, #8 Exhibit 1264 Penry Brochure, #9 Exhibit 1265 - Abbott Interoff corr 3-31-87, #10 Exhibit 1266 - Abbott Interoff 2-6-87, #11 Exhibit 1267 - 10-24-82 Abbott Interoffice, #12 Exhibit 1268 - Abbott Interoffice 11-2 -82, #13 Exhibit 1269 - 3-3-04 cover email, #14 Exhibit 1270 - 4-14-06 email, #15 Exhibit 1271 - Ch. 16 from Antiepileptic Drugs 4th ed., #16 Exhibit 1272 - A North American Reg. for Epilepsy in Pregnancy A Unique Public, Private Partnership of Health Surveillance, #17 Exhibit 1273 - Art. Special Article - Practice Parameter - Management Issues, #18 Exhibit 1274 - Morrell article "Guidelines for the Care of Women with Epilepsy", #19 Exhibit 1275 - The expert consensus guideline series Medication Treatment of BiPolar disorder 2000, #20 Exhibit 1276 - Article "The Expert Consensus Guideline Series Treatment of Epilepsy", #21 Exhibit 1277 - Aug 1987 Epilepsia Vol.28, #22 Exhibit 1278 - Journal of Clinical Psychopharmacology Vol 12, #23 Exhibit 1279 - FDA communication to Abbott 9-1994, #24 Exhibit 1280 - Abbott communication to FDA 12-21-94, #25 Exhibit 1281- 9-28-94 Abbott Advertising submission to the FDA, #26 Exhibit 1282 - APA Practice Guideline, #27 Exhibit 1283 - Spreadsheet re Depakote Consultants, #28 Exhibit 1284 - 3-20-2006 email chain re CDI new users, #29 Exhibit 1285 - email chain re NEAD slide, #30 Exhibit 1286 - 2-24-06 email J. Baker re Abbott Response to FDA, #31 Exhibit 1287 - 6-25-04 email from J. Kody re update on VPA, #32 Exhibit 1288 - email chain 12-18-06 re NEADS, #33 Exhibit 1289 - 8-31-05 email update from ILAE Today, #34 Exhibit 1290 - email chain 5-4-07 link and art study finds more risk to unborn, #35 Exhibit 1291 - Wyszynski, et al. article, #36 Errata errata and signature)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
September 28, 2017 Filing 188 NOTICE OF FILING by Tina Jameson, Tina Jameson, William Jameson, William Jameson The Deposition of Mark Mularski taken May 7, 2014 (Attachments: #1 Mularski Deposition Transcript, #2 Exhibit 83 - Tridione PDR, #3 Exhibit 123 - Abbott Memo 2-1994, #4 Exhibit 623 - Tridione Label, #5 Exhibit 624 - Accutane label 2002, #6 Exhibit 626- Accutane & Pregnancy Exposure (9-18-2000) PPT slides, #7 Exhibit 635 - Pltffs. 1st Amended NOD, #8 Exhibit 636 - Cross Notice of Mularski, #9 Exhibit 637 - Plffs. 1st Amended NOD of Mularski, #10 Exhibit 638 - Pltffs. cross-notice of Mularski depo, #11 Exhibit 639 - Linkedin printout of Mark Mularski, #12 Exhibit 640 - Internal Abbott document re issues summary depakote label change, #13 Exhibit 641 - Pancreatitis Timeline, #14 Exhibit 642 - Abbott PPT 10-21-04, #15 Exhibit 643 - Abbott PPT"The Sales Call The Core of Everything We Do", #16 Exhibit 644 - Abbott PPT "Depakote strategy recommendations", #17 Exhibit 645 - "Abbott PPT "2004 Epilepsy Strategic & Tactical Plan", #18 Exhibit 646 - Chart, #19 Exhibit 647 - Specialty Care - promotion planning template, #20 Exhibit 648 - Abbott PPT "Trimester 1, 2002 Marketing Strategy Neurology", #21 Exhibit 649 - Pharmaceutical Products Div Neuroscience Franchise Summ 2002 Update, #22 Exhibit 650 - Epilepsy Marketing Situation Analysis, #23 Exhibit 651 - Abbott PPT Neuroscience 2003 Plan Marketing Plan, #24 Exhibit 652 - Voicecom transcription, 12-3-2009, #25 Exhibit 653 - placeholder, #26 Exhibit 654 - 2002 document "Psychiatry Marketing Plan 2002 Strategy", #27 Exhibit 655 - 2004 Epilepsy Strategic and Tactical Plan", #28 Exhibit 656 - "Welcome to the 2004 Depakote Psychiatry Consultants Meeting", #29 Exhibit 657 - 8-19-2002 email re zyprexa, #30 Exhibit 658 - email re Reuters: VPA linked to high birth defect rates, 8-7-06, #31 Exhibit 659 - email from H. Burton re neural tube defects 12-3-09, #32 Exhibit 660 - email from Larson to Anderson 2-22-10, #33 Exhibit 661- email from Turner to Larson 06-23-10, #34 Exhibit 662 - email to Mularski from Hanam, #35 Exhibit 663 - email re Depakot e ER 2-28-11, #36 Exhibit 664 - email from Levy 11-2-06, #37 Exhibit 665 - Abstract published online, #38 Exhibit 666 - Abbvie FDA contact report 3-14-13, #39 Exhibit 667 - Hanam email to Mularski 3-29-13, #40 Exhibit 668 - Mularski email to Jones 4-1, #41 Exhibit 669 - Mularski email from Hanam 4-=2-13, #42 Exhibit 670 - iPledge, #43 Exhibit 671 - Mini email from Meinhold 4-29-04, #44 Exhibit 672 - 2003 study "A Study of anticonvulsant medication on ovarian function in a group of women with epilepsy who have only ever taken one anticonvulsant compared with a group without epilepsy")(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
September 21, 2017 Filing 187 NOTICE OF MANDATORY ECF DIRECTED TO David C. Harman, a non-registered attorney re #186 Order Approving Pre-Trial Schedule had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR w/copy to David C. Harmon. (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
September 20, 2017 Opinion or Order Filing 186 ORDER APPROVING PRE-TRIAL SCHEDULE: The Court hereby approves the following schedule: 1) Daubert motions due 9/29/2017; 2) Response to Daubert motions due /20/2017; 3) Affirmative designation of deposition testimony due 10/30/2017; 4) Reply to Daubert Motions due 11/3/2017; 5) Jury instructions and draft of pretrial memorandum due 11/6/2017; 6) Pretrial disclosures of witnesses and exhibits due 11/13/2017; 7) Counter-designations of depo testimony and objections due by 11/13/2017; 8) Status Conf 11/16/2017; 9) Motions in limine due 11/17/2017; 10) Objections to counter-designation and depo testimony due 11/27/2017; 11) Pretrial memorandum due 011/28/2017; 12) Responses to motions in limine due 12/6/2017; 13) Final pretrial conference 12/12/2017; 14) Trial 1/3/2018. Signed by Judge William O. Bertelsman on 9/20/2017.(ECO)cc: COR Modified bold text on 9/21/2017 (ECO). Modified typo and bold text on 10/18/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
September 19, 2017 Filing 185 JOINT MOTION for Order by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler To Approve Pre-Trial Schedule . (Attachments: #1 Proposed Order)(Bailey, Melanie) Modified text to take out referral language on 9/20/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
September 18, 2017 Opinion or Order Filing 184 VIRTUAL ORDER: granting #183 Motion for Paula M. Burlison to Appear Pro Hac Vice on behalf of Defs Abbott Laboratories and AbbVie Inc., the requirements of Jt Local Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 9/18/2017. (ECO)cc: COR w/copy of Mandatory ECF General Order & ECF Registration form to Atty Paula M. Burlison [Transferred from Kentucky Eastern on 4/19/2018.]
September 18, 2017 BAR STATUS Check completed as to Paula M. Burlison re #183 MOTION for Paula M. Burlison to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3893405). (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
September 18, 2017 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #183 MOTION for Paula M. Burlison to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3893405) (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
September 15, 2017 Filing 183 MOTION for Paula M. Burlison to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3893405)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1 - Affidavit of Paula Burlison, #2 Exhibit 2 - Certificate of Good Standing, #3 Proposed Order)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
September 14, 2017 Opinion or Order Filing 182 MINUTE ENTRY ORDER FOR TELEPHONIC STATUS CONFERENCE held on 9/12/2017 before Judge William O. Bertelsman: Parties present as noted. IT IS ORDERED that: 1)The parties shall confer regarding a schedule for the filing of Daubert motions, motions in limine, and deposition designations. This schedule shall ensure that all motions are fully briefed before the final pretrial conference set for December 12, 2017. The parties shall file their proposed agreed schedule on or before September 25, 2017; 2) If the parties are unable to agree on the above matters, they shall file a status report in lieu of the agreed schedule, and the Court will either refer the matter to the assigned United States Magistrate Judge or appoint a special master; 3) An in-person Status Conference be, and is hereby, SET FOR THURSDAY, NOVEMBER 16, 2017 AT 1:00 P.M. The Court will rule on as many ripe motions as possible at this conference. The parties shall also be prepared to discuss settlement, and they must have clients with full settlement authority present or available promptly by phone; and 4) The trial set to begin on Wednesday, January 3, 2018, shall be ready to submit to the jury no later than noon on Monday, January 22, 2018. No extensions of time will be granted absent extraordinary circumstances. The Court will set specific time limits at the final pretrial conference. (Court Reporter JOAN AVERDICK.) Signed by Judge William O. Bertelsman on 9/14/2017. (ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
September 11, 2017 Filing 181 RESPONSE to #180 Defendants' Proposed Pre-Trial Schedule filed by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler. (Attachments: #1 Exhibit 1 - Email Correspondence)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
September 8, 2017 Filing 180 NOTICE OF FILING by Abbott Laboratories, Abbvie Inc. Defendants' Proposed Pre-Trial Schedule (Attachments: #1 Defendants' Proposed Pre-Trial Schedule)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
August 25, 2017 Opinion or Order Filing 179 ORDER: That the #178 JOINT MOTION for a telephonic status conference is GRANTED, and a TELEPHONIC STATUS CONFERENCE is set for 9/12/2017 at 10:00 AM. Counsel for the parties shall connect to the conference five minutes before the call is scheduled to begin. To connect to the call, dial 877-336-1280. Then, when prompted to enter the participant access code enter 4610163. Signed by Judge William O. Bertelsman on 8/25/2017.(ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
August 24, 2017 Filing 178 JOINT MOTION for a telephonic status conference by Abbott Laboratories, Abbvie Inc., Brian Moughler, Kathy Moughler for telephonic status conference . (Attachments: #1 Proposed Order)(Pope, Susan) Modified text to take out referral language on 8/25/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
August 9, 2017 Filing 177 NOTICE of Appearance by Mark D. Guilfoyle and David V. Kramer on behalf of Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (Guilfoyle, Mark) Modified text on 8/10/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
August 8, 2017 Filing 176 REQUEST FOR FEE REFUND TO CREDIT CARD by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler re Motion Submitted, Bar Status Check completed, . (Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
August 8, 2017 NOTICE OF FEE REFUND APPROVED re #176 Request for Fee Refund ; the fee transaction involving Receipt No. 0463-3842530 having been erroneously paid, the Clerk APPROVES the refund by processing a credit through the electronic credit card system. The credit refund transaction in the amount of $ $125.00 was successfully completed on 8/8/2017 at 3:10:03 PM cc: COR (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
July 14, 2017 Opinion or Order Filing 175 VIRTUAL ORDER: granting #174 Motion for David C. Harman to Appear Pro Hac Vice on behalf of Plfs Tina Jameson, William Jameson, Brian Moughler, and Kathy Moughler, individually and in their representative capacities, the requirements of Jt Local Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 7/14/2017. (ECO)cc: COR, David Harman w/copy of ECF Attorney Registration Form and ECF Mandatory Order. [Transferred from Kentucky Eastern on 4/19/2018.]
July 11, 2017 Filing 174 MOTION for David C. Harman to Appear Pro Hac Vice by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler ( Filing fee $125; receipt number 0643-3842539)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A - Harman Affidavit, #2 Exhibit B - Harman Certificate of Good Standing, #3 Proposed Order)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
July 11, 2017 BAR STATUS Check completed as to David C. Harman re #174 MOTION for David C. Harman to Appear Pro Hac Vice by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler ( Filing fee $125; receipt number 0643-3842539). (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
July 11, 2017 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #174 MOTION for David C. Harman to Appear Pro Hac Vice by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler ( Filing fee $125; receipt number 0643-3842539) (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
June 14, 2017 Opinion or Order Filing 173 ORDER: The above case is hereby assigned for a final pretrial conference, pursuant to Federal Rules of Civil Procedure 16(d), on Tuesday, December 12, 2017 at 1:00 p.m., in Room 505, United States Courthouse, 35 West Fifth Street, in Covington, Kentucky. The jury trial is scheduled to commence on Wednesday, January 3, 2018 at 10:00 a.m. in Courtroom A in Covington, Kentucky. (Parties to comply with I thru V and Format for Pretrial Memorandum I thru VII). Signed by Judge William O. Bertelsman on 6/14/2017.(ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
June 14, 2017 Opinion or Order Filing 172 ORDER: 1) This matter is set for a JURY TRIAL on 1/3/2018 at 10:00 AM in COVINGTON before Judge William O. Bertelsman; 2) A FINAL PRETRIAL CONFERENCE is set for 12/12/2017 at 01:00 PM in COVINGTON before Judge William O. Bertelsman. Settlement counsel or a representative with full settlement authority shall attend the final pretrial conference in person; and 3) A copy of the Court's standard final pretrial order shall enter concurrently herewith. Signed by Judge William O. Bertelsman on 6/14/2017.(ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
May 31, 2017 Filing 171 SURREPLY in Opposition to Motion for Summary Judgment by Defendants Abbott Laboratories, Abbvie Inc. filed by Brian Moughler, Kathy Moughler. Filed per Order #170 . (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
May 31, 2017 Opinion or Order Filing 170 ORDER: 1) Plfs Motion for Summary Judgment #111 is DENIED; 2) Defs Motion for Summary Judgment #119 is DENIED; 3) Plfs Motion for Leave to File Surreply #149 is hereby GRANTED; 4)The parties shall confer in an attempt to settle the case and file a status report with the Court by the end of the day on 6/27/2017; 5) If case does not settle, the parties shall provide 3 feasible dates for a Final Pre-Trial Conference and 3 feasible trial dates in their status report. Signed by Judge William O. Bertelsman on 5/31/2017.(ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
May 22, 2017 Opinion or Order Filing 169 VIRTUAL ORDER: granting #168 Motion for William Gordon Childs to Appear Pro Hac Vice on behalf of Defs Abbott Laboratories and AbbVie Inc., the requirements of Jt Local Rule 83.2 having been satisfied. Signed by Judge William O. Bertelsman on 5/22/2017. (ECO)cc: COR w/ copy of Mandatory ECF General Order & ECF Registration form toWilliam Childs. [Transferred from Kentucky Eastern on 4/19/2018.]
May 22, 2017 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #168 MOTION for William Gordon Childs to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3801901) (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
May 22, 2017 BAR STATUS Check completed as to William Gordon Childs re #168 MOTION for William Gordon Childs to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3801901). (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
May 19, 2017 Filing 168 MOTION for William Gordon Childs to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3801901)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1 - Affidavit of William Gordon Childs, #2 Exhibit 2 - Certificate of Good Standing of William G. Childs, #3 Proposed Order)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
April 6, 2017 Opinion or Order Filing 167 MINUTE ENTRY ORDER FOR ORAL ARGUMENT HEARING held on 4/4/2017 before Judge William O. Bertelsman: Parties present as noted. After hearing oral argument from counsel, the Court will take Plfs' Motion for Summary Judgment #111 , Defs' Motion for Summary Judgment #119 and Plfs' Motion for Leave to File Surreply #149 under advisement. SO ORDERED this 6th day of April, 2017. (Court Reporter JOAN AVERDICK.) Signed by Judge William O. Bertelsman on 4/6/2017. (ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
April 3, 2017 Filing 166 NOTICE by Abbott Laboratories, Abbvie Inc. re #156 MOTION to Sever by Abbott Laboratories, Abbvie Inc. Claims of Moughler Plaintiffs from Claims of Jameson Plaintiffs notice of withdrawal of motion (Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
April 3, 2017 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #166 Notice of Withdrawal of Defendants' Motion to Sever Claims (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
March 28, 2017 Opinion or Order Filing 165 VIRTUAL ORDER: granting #164 Motion for Leave to Withdraw as co-counsel for Plfs filed by Attorney Sanna-Rae Taylor, the requirements of Jt Local Rule 83.6(b) having been satisfied. Atty Taylor may be termed on the case docket and removed from the case service list. Signed by Magistrate Judge Candace J. Smith on 3/28/2017. (ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
March 27, 2017 Filing 164 MOTION to Withdraw as Attorney by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Motion for Leave to Withdraw as Attorney Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Taylor, Sanna-Rae) [Transferred from Kentucky Eastern on 4/19/2018.]
March 27, 2017 Opinion or Order Filing 163 ORDER: That the Motion for Leave to Withdraw Attorney Sanna-Rae Taylor #162 is denied without prejudice. Signed by Magistrate Judge Candace J. Smith on 3/27/2017. (ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
March 27, 2017 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #164 MOTION to Withdraw as Attorney by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Motion for Leave to Withdraw as Attorney (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
March 24, 2017 Filing 162 MOTION to Withdraw by James Anthony, Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Motion for Leave to Withdraw Attorney Taylor Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
March 23, 2017 Filing 161 NOTICE Plaintiffs' Notice of Supplemental Authority In Support of Plaintiffs' Motion for Partial Summary Judgment and in Opposition to Abbott's Motion for Summary Judgment by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler re #111 MOTION for Summary Judgment by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Motion for Partial Summary Judgment on Defendants' Affirmative Defenses, #119 MOTION for Summary Judgment by Abbott Laboratories, Abbvie Inc. (Attachments: #1 Exhibit 1 - Fosamax Opinion)(Abaray, Janet) Modified text on 3/24/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
March 21, 2017 Opinion or Order Filing 160 MEMORANDUM ORDER: That Plfs' #61 Motion for Sanctions is denied. Signed by Magistrate Judge Candace J. Smith on 3/21/2017. (ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
March 21, 2017 Opinion or Order Filing 159 ORDER: That Oral Argument on said motions ( #111 , #119 , and #149 ) be, and is hereby, set for 4/4/2017 01:00 PM. Signed by Judge William O. Bertelsman on 3/21/2017.(ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
March 21, 2017 Opinion or Order Filing 158 ORDER: 1) That the Joint Motion to Sever #157 is GRANTED; 2) The claims of the Moughler Plfs shall be severed #156 from the claims of the Jameson Plfs for trial by separate juries on dates to be determined . Signed by Judge William O. Bertelsman on 3/21/2017. (ECO)cc: COR Modified link on 5/30/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
March 20, 2017 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #157 JOINT MOTION to Sever by Abbott Laboratories, Abbvie Inc. (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
March 17, 2017 Filing 157 JOINT MOTION to Sever by Abbott Laboratories, Abbvie Inc. (Attachments: #1 Proposed Order)(Pope, Susan) Modified text to take out referral language on 3/17/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
March 9, 2017 Filing 156 MOTION to Sever by Abbott Laboratories, Abbvie Inc. Claims of Moughler Plaintiffs from Claims of Jameson Plaintiffs. (Attachments: #1 Exhibit 1 T. Jameson Dep. Ex. 8, #2 Exhibit 2 Becker Medical Records, #3 Exhibit 3 T. Jameson Dep., #4 Exhibit 4 2015.06.08 T. Jameson Interrog 1-2, #5 Exhibit 5 2015.12.02 K. Moughler Dep., #6 Exhibit 6 2016.01.29 P. Becker Dep., #7 Exhibit 7 2016.04.05 Tcheng Dep., #8 Exhibit 8 2016.06.02 Tcheng Dep., #9 Exhibit 9 Tcheng Dep. Ex. 1, #10 Exhibit 0 SSA Disability Report - JAMESONT-4PPR-00289-296, #11 Exhibit 11 Fogelson Dep., #12 Exhibit 12 2015.03.10 TJ Rep. Cap. Resp. Interrog. No. 1, #13 Exhibit 13 2015.03.10 DJ Rep. Cap. Resp. Interrog. No. 1, #14 Exhibit 14 2015.06.10 LM Rep. Cap Resp. Interrog. No. 1, #15 Exhibit 15 Lerer Report, #16 Exhibit 16 Wiznitzer Report, #17 Exhibit 17 V. Maier Dep, #18 Exhibit 18 T. Jameson Dep. Ex. 6, #19 Exhibit 19 Privitera Dep, #20 Exhibit 20 Ms. Moughler Med Recs Ex. 5 Dep., #21 Exhibit 21 Gidaya, et al 2016 Pediatrics, #22 Exhibit 22 Keyes et al 2014 Psychol Med, #23 Exhibit 23 Krauss Report, #24 Exhibit 24 Yerby et al 1998 Epilepsia, #25 Exhibit 25 Wyszynski D et al 2005 Neurology, #26 Exhibit 26 Pregnancy Registry Original Agreement, #27 Exhibit 27 Vajda, et al 2007 NZ J Obstet Gynaecol, #28 Exhibit 28 Tomson, et al 2004 Epilepsia- EURAP, #29 Exhibit 9 (pt. 1 of 2) Adab et al 2004 Cochrane Database Syst Rev, #30 Exhibit 29 (pt. 2 of 2) Adab et al 2004 Cochrane Database Syst Rev, #31 Exhibit 30 Christianson, et al 1994 Dev Med & Child Neurol, #32 Exhibit 31 Meador Loring 2016 Neurology, #33 Exhibit 32 Neurontin PDR, #34 Exhibit 33 (pt. 1 of 2) Lamictal PDR, #35 Exhibit 33 (pt. 2 of 2) Lamictal PDR, #36 Exhibit 34 Topamax PDR, #37 Exhibit 35 Keppra PDR, #38 Exhibit 36 Trileptal PDR, #39 Exhibit 37 Zonegran PDR, #40 Exhibit 38 Delgado-Escueta & Janz, 1992 Neurology, #41 Exhibit 39 Greenberg, AAN & APS_Practice Parameter 1998 Neurology, #42 Exhibit 40 1993 Depakote Label, #43 Exhibit 41 Depakote Label - 1995.05, #44 Exhibit 42 Depakote Label - 1996.06, #45 Exhibit 43 Moughler_Pls_Expert_Disclosures, #46 Exhibit 44 Moughler_Def_Expert_Disclosures, #47 Exhibit 45 2014.12.10 J. Embrescia 30(b)(6) Dep. Notice, #48 Exhibit 46 2015.01.05 M. Mularski 30(b)(6) Dep. Notice, #49 Exhibit 47 2015.01.19 M. Jarvis 30(b)(6) Dep. Notice, #50 Exhibit 48 2015.01.29 M. Freese Hahn 30(b)(6) Dep. Notice, #51 Exhibit 49 M. Jarvis Dep. Notice, #52 Exhibit 50 2015.06.10 T. Jameson Resp. Interrog. No. 3, #53 Exhibit 51 2015.06.10 K. Moughler Resp. Interrog. No. 3, #54 Exhibit 52 1992 Depakote Label, #55 Exhibit 53 2003 Depakote Label, #56 Exhibit 54 Parisian Report, #57 Exhibit 55 Privitera Report, #58 Exhibit 56 Madigan Report, #59 Exhibit 57 K. Moughler Prescription Record, #60 Exhibit 58 2009 CHC Eval Records, #61 Exhibit 59 (pt. 1 of 2) 2011 CHC Eval Records, #62 Exhibit 59 (pt. 2 of 2) 2011 CHC Eval Records, #63 Exhibit 60 (pt.1 of 2) 2015 CHC Eval Records, #64 Exhibit 60 (pt.2 of 2) 2015 CHC Eval Records, #65 Exhibit 61 Hartmann Report, #66 Exhibit 62 Parker Report, #67 Proposed Order)(Pope, Susan) Modified text to take out referral language on 3/10/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
March 1, 2017 Opinion or Order Filing 155 ORDER: 1) That the Motion to Amend Pretrial Scheduling Order for Jameson Plfs #154 is granted. 2) The remaining dates in the schedule are amended as follows: 1) Dates to make expert disclosures, including reports when required: Party with burden of proof 5/12/2017; Opponent: 6/23/2017; Rebuttal Expert: 7/24/2017; 2) Expert Discovery Cutoff: 8/28/2017; 3) Dispositive Motions Due: 10/2/2017; Memoranda contra due 10/30/2017; Reply Memoranda due 11/20/2017. Signed by Magistrate Judge Candace J. Smith on 3/1/2017.(ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
February 28, 2017 Filing 154 MOTION to Amend/Correct by Tina Jameson, Tina Jameson, William Jameson, William Jameson Plaintiffs' Unopposed Motion To Amend Pretrial Scheduling Order for Jameson Plaintiffs Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
February 28, 2017 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #154 MOTION to Amend/Correct by Tina Jameson, Tina Jameson, William Jameson, William Jameson Plaintiffs' Unopposed Motion To Amend Pretrial Scheduling Order for Jameson Plaintiffs (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
February 27, 2017 Filing 153 RESPONSE to #152 Abbott's Notice of Supplemental Authority filed by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler. (Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
February 24, 2017 Filing 152 NOTICE of Supplemental Authority by Abbott Laboratories, Abbvie Inc. re #119 MOTION for Summary Judgment by Abbott Laboratories, Abbvie Inc. (Attachments: #1 Exhibit 1 - Rheinfrank Opinion)(Pope, Susan) Modified text on 2/27/2017 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
January 17, 2017 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #149 MOTION for Leave by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler To File Surreply in Opposition to Defendants' Motion for Summary Judgment (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
January 17, 2017 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #111 MOTION for Summary Judgment by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Motion for Partial Summary Judgment on Defendants' Affirmative Defenses, #119 MOTION for Summary Judgment by Abbott Laboratories, Abbvie Inc. (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
January 16, 2017 Filing 151 REPLY to #149 PLAINTIFFS' REPLY IN SUPPORT OF THEIR MOTION FOR LEAVE TO FILE A SURREPLY IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT filed by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler. (Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
January 13, 2017 Filing 150 RESPONSE in Opposition re #149 MOTION for Leave by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler To File Surreply in Opposition to Defendants' Motion for Summary Judgment filed by Abbott Laboratories, Abbvie Inc.. (Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
January 11, 2017 Filing 149 MOTION for Leave by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler To File Surreply in Opposition to Defendants' Motion for Summary Judgment Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A Surreply, #2 Proposed Order)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
January 6, 2017 Filing 148 REPLY to Response to Motion re #119 MOTION for Summary Judgment by Abbott Laboratories, Abbvie Inc. filed by Abbott Laboratories, Abbvie Inc.. (Attachments: #1 Exhibit 1 - Lerer Exp. Rpt. excerpts, #2 Exhibit 2 - Moughler Suppl. Resp. to ROGs Ans. 1, #3 Exhibit 3 - 6-23-09 FDA Transcript excerpts, #4 Exhibit 4 - MSJ Reply - Appendix FDA URL Information, #5 Exhibit 5 - Kaleta - Doc. 212 - Opposition to MIL 1, #6 Exhibit 6 - 2-11-2011 email from FDA to Abbott, #7 Exhibit 7 - In re Depakote App'x A, #8 Exhibit 8 - Depakote Jan 1983, #9 Exhibit 9 - Depakote Tablets & Sprinkles Nov 1993, #10 Exhibit 10 - Depakote Mar 1996, #11 Exhibit 11 - Morrow & Craig 2003, #12 Exhibit 12 - Vajda et al, 2004 J Clin Neurosci, #13 Exhibit 13 - Adab et al 2004 Cochrane Database Syst Rev, #14 Exhibit 14 - 2010 FDA Review excerpts, #15 Exhibit 15 - Wyszynski D et al 2005 Neurology, #16 Exhibit 16 - 10.12.16 Order in Accutane, #17 Exhibit 17 - Tcheng Dep. excerpts)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
January 6, 2017 Filing 147 REPLY to Response to Motion re #111 MOTION for Summary Judgment by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Motion for Partial Summary Judgment on Defendants' Affirmative Defenses filed by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler. (Attachments: #1 Affidavit Declaration, #2 Exhibit A-2011 Depakote Tablets PDR, #3 Exhibit B - 2012 Depakote Tablets PDR, #4 Exhibit C -August 2014 Depakote Label)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 146 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #144 Response in Opposition to Motion,,,,, #27 Order on Motion for Protective Order, by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (Attachments: #1 Exhibit A-5) (Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 145 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler re #144 Response in Opposition to Motion,,,,, Exhibits A-2 and A-5 under seal (Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 144 RESPONSE in Opposition re #119 MOTION for Summary Judgment by Abbott Laboratories, Abbvie Inc. filed by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler. (Attachments: #1 Exhibit A - Bailey Declaration, #2 Exhibit A-1 Privitera Expert Report, #3 Exhibit A-2 Under Seal, #4 Exhibit A-3 Buncher Expert Report, #5 Exhibit A-4 Parisian Expert Report, #6 Exhibit A-5 Under Seal, #7 Exhibit B - Bailey Declaration, #8 Exhibit B-1 Depakote 2003 Label, #9 Exhibit B-2 Depakote 2015 Label, #10 Exhibit B-3 Moore Article, #11 Exhibit B-4 Taylor Article, #12 Exhibit B-5 ACOG Bulletin, #13 Exhibit B-6 Mawer Article, #14 Exhibit B-7 Vajda Article, #15 Exhibit B-8 Baker Article, #16 Exhibit B-9 Omtzigt Article, #17 Exhibit B-10 Samren Article, #18 Exhibit B-11 Kaneko Article, #19 Exhibit B-12 Holmes Article, #20 Exhibit B-13 Laxier Article, #21 Exhibit B-14 Depakote 1992 Label, #22 Exhibit B-15 Weston Article, #23 Exhibit B-16 Compilation of Literature, #24 Exhibit C - Bailey Declaration, #25 Exhibit C-1 2000 Powerpoint, #26 Exhibit C-2 2002 Powerpoint, #27 Exhibit C-3 Abbott 2005 White Paper, #28 Exhibit C-4 Abbott 2007 White Paper, #29 Exhibit C-5 Abbott 2009 White Paper, #30 Exhibit C-6 May 28, 2008 Abbott Email, #31 Exhibit C-7 April 29, 2009 Abbott Email, #32 Exhibit C-8 February 7, 2006)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 143 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Deposition Transcript and Exhibits of Florence Roullet (Attachments: #1 Exhibit Roullet depo transcript, #2 Exhibit 1 Subpoena, #3 Exhibit 2 Invoice, #4 Exhibit 3 Placeholder, #5 Exhibit 4 Expert Report of Roullet, #6 Exhibit 5 References contained in expert report, #7 Exhibit 6 Christianson Article 1994, #8 Exhibit 7 Case Reports by Hersh, #9 Exhibit 8 Case Reports by King, #10 Exhibit 9 Hailey Article, #11 Exhibit 10 Bromley Study, #12 Exhibit 11 Rodier Article, #13 Exhibit 12i Depakote Research, #14 Exhibit 12ii Depakote Research, #15 Exhibit 12iii Depakote Research, #16 Exhibit 12iv Depakote Research, #17 Exhibit 12v Depakote Research, #18 Exhibit 12vi Depakote Research, #19 Exhibit 13 Meador Article, #20 Exhibit 14 Cochrane Collaboration, #21 Exhibit 15 Misslin Article, #22 Exhibit 16 Vorhees article, #23 Exhibit 17 Vorhees article 1987)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 142 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #27 Order on Motion for Protective Order, by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (Attachments: #1 Exhibit 11 - Med Recs) (Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 141 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Michael Privitera's deposition exhibits #5 and #11 under seal (Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 140 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler of the transcript and exhibits of Michael D. Privitera, MD (Attachments: #1 Exhibit Privitera Transcript, #2 Exhibit 1 NOD, #3 Exhibit 2 Invoice, #4 Exhibit 3 Literature Cited, #5 Exhibit 4i - Additional materials from expert report, #6 Exhibit 4ii - Additional materials from expert report, #7 Exhibit 4iii - Additional materials from expert report, #8 Exhibit 4iv - Additional materials from expert report, #9 Exhibit 4v - Additional materials from expert report, #10 Exhibit 4vi - Additional materials from expert report, #11 Exhibit 5 Under seal, #12 Exhibit 6 cd cover, #13 Exhibit 7 expert report, #14 Exhibit 8 book cover, #15 Exhibit 9 2003 Topamax PDR, #16 Exhibit 10 2003 Lamictal PDR, #17 Exhibit 11 under seal, #18 Exhibit 12 Karceski article, #19 Exhibit 13 Karceski article, #20 Exhibit 14 Meador article, #21 Errata signature page)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 139 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #27 Order on Motion for Protective Order, by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 138 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Exhibit 3 of Suzanne Parisian's Depo under seal (Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 137 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Transcript and exhibits of Suzanne Parisian, MD (Attachments: #1 Exhibit Parisian Depo Transcript, #2 Exhibit 1 - Subpoena, #3 Exhibit 2 - Expert report, #4 Exhibit 3 Under Seal, #5 Exhibit 5 VPA Induced Dev & Nero, #6 Exhibit 6 VPA Teratogenicity in Humans, #7 Exhibit 7 Product Labeling Timeline, #8 Exhibit 8 Arpino Art 2000, #9 Exhibit 9 Rate of Major Malformations, #10 Exhibit 10 Muraski 1998 chart, #11 Exhibit 11 Chart incidence of VPA, #12 Exhibit 12 Depakote label change timeline, #13 Exhibit 13 Fetal Dev Chart, #14 Exhibit 14 Incidence of VPA, #15 Exhibit 15 VPA & Autism, #16 Exhibit 16 Works Cited, #17 Exhibit 17 Jones 2009 article, #18 Exhibit 18 PDR 2003 Depakote, #19 Exhibit 19 Dictionary Def of "May", #20 Exhibit 20 PDR 1997 - Depakote, #21 Exhibit 21 Depakote Migraine Prev info, #22 Exhibit 22 Continued use approval form, #23 Exhibit 23 white papers 4/18/05, #24 Exhibit 24 article Tomson, #25 Errata signature)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 136 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler the deposition transcript and exhibits of David Madigan (Attachments: #1 Exhibit Madigan Transcript, #2 Exhibit 1 Notice and Subpoena, #3 Exhibit 2 July report with CV, #4 Exhibit 3 placeholder, #5 Exhibit 4 VPA pt guide, #6 Exhibit 4A VPA pt guide, #7 Exhibit 4B VPA pt guide, #8 Exhibit 4C VPA pt guide, #9 Exhibit 5 Report Comparator Drugs, #10 Exhibit 6A Bayer Paper about Withdrawal of Baycol, #11 Exhibit 6b FDA paper about withdrawal of Baycol, #12 Exhibit 7 Ana Szarfman editorial from Pharm 2004, #13 Exhibit 8 Notes to pg 26 of report, #14 Exhibit 9 spreadsheet corresponding to figure 1 of pg 16 of report, #15 Exhibit 10 ROR Calculation, #16 Exhibit 11 Chi-Square calculation, #17 Exhibit 12 Spreadsheet correlating to figure 10 of report, #18 Exhibit 13 MedWatch AERS 11/17/98, #19 Exhibit 14 MedWatch AERS 7/16/01, #20 Exhibit 15 MedWatch AERS 7/16/01 Gail Williams, #21 Exhibit 16 spreadsheet from data supp fig 10, #22 Errata signature)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 135 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler The deposition transcript and exhibits of Tracey Heimberger, MD (Attachments: #1 Exhibit Depo Transcript of Heimberger, #2 Exhibit 1 NOD, #3 Exhibit 2 - 1st Amended NOD, #4 Exhibit 3 - Def 1st Amended NOD, #5 Exhibit 4 - Def 1st Amended NOD, #6 Exhibit 5 - Pltff Cross NOD, #7 Exhibit 6 - Def 1st Amend Cross NOD, #8 Exhibit 7-Def 1st Amend Cross NOD, #9 Exhibit 8 - Def 1st Amend Cross NOD, #10 Exhibit 226 - CV, #11 Exhibit 227 Abbott Code of Business Conduct, #12 Exhibit 228 Wyeth v. Levine Case Law, #13 Exhibit 229 2004 Pharmacovigilance Rev, #14 Exhibit 230 Abbott Video Program, #15 Exhibit 231 Updated Faculty Lecture Kit, #16 Exhibit 232 Bipolar disorder participants workbook, #17 Exhibit 233 Ylagan, MD Article, #18 Exhibit 234 Neural Tube Def Article, #19 Exhibit 235 MMWR 10/29/82 weekly report, #20 Exhibit 236 Article 9/1977 Freeman, MD et al., #21 Exhibit 237 Shallcross, PHD Article, #22 Exhibit 238 recall notice Omniflox, #23 Exhibit 239 Meridia Market WD Notice, #24 Exhibit 240 Global Medicine Serv Org Chart, #25 Exhibit 241 Abbott Org Chart, #26 Exhibit 242 Sting Emails 4/7/2003, #27 Exhibit 243 White paper 4/18/2005, #28 Exhibit 244 Holmes, memo to Schwamlein 8/2002, #29 Exhibit 245 Email string between Heimburger & Roebel, #30 Exhibit 246 FDA Website, #31 Exhibit 247 Kody to Schwamlein, #32 Exhibit 248 Mini to Schwamlein, #33 Exhibit 249 3/2/04 Kody email, #34 Exhibit 250 4/29/04 email Meinhold to Mini, #35 Exhibit 251 6/1/04 email, #36 Exhibit 252 email Vogdes to Carlson, #37 Exhibit 253 email Embrescia, #38 Exhibit 254 email chain, #39 Exhibit 255 letter Med Coll of GA, #40 Exhibit 256 email Giordano to Dean, #41 Exhibit 257 NEAD Study, #42 Exhibit 258 Ardinger article, #43 Exhibit 259 Abbott email 3/14/05, #44 Exhibit 260 Williams article, #45 Exhibit 261 Schneider article, #46 Exhibit 262 Bromley article, #47 Exhibit 263 Renz email to Frekko, #48 Exhibit 264 Meador email to Baker, #49 Exhibit 265 Baker email to Collins, #50 Exhibit 266 Tresley email to Baker, #51 Exhibit 267 Contact Report 9/18/09, #52 Exhibit 268 4/30/09 White paper)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 134 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #27 Order on Motion for Protective Order, by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (Attachments: #1 Exhibit 13 Med Recs, #2 Exhibit 14 Med Recs, #3 Exhibit 16 Med Recs, #4 Exhibit 18 Med Recs, #5 Exhibit 20 Med Recs, #6 Exhibit 21 Med Recs, #7 Exhibit 22 Med Recs, #8 Exhibit 23 Med Recs, #9 Exhibit 24 Med Recs, #10 Exhibit 25 Med Recs) (Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 133 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Dr. Lerer Exhibits under seal (Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 132 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Dr. Lerer Transcript and Exhibits (Attachments: #1 Exhibit Transcript of Lerer, #2 Exhibit 1 subpoena, #3 Exhibit 2 billing invoice, #4 Exhibit 3 DiLiberti Art, #5 Exhibit 4 Moore article, #6 Exhibit 5 Various articles, #7 Exhibit 6 Works Cited, #8 Exhibit 7 patient guide, #9 Exhibit 8 Articles Witter, #10 Exhibit 9 Tang Article, #11 Exhibit 10 accepted manuscript, #12 Exhibit 11 Exp Rep, #13 Exhibit 12 confidential document filed under seal, #14 Exhibit 13 confidential document filed under seal, #15 Exhibit 14 confidential document filed under seal, #16 Exhibit 15 cv, #17 Exhibit 16 confidential document filed under seal, #18 Exhibit 17 Fogelson depo, #19 Exhibit 18 confidential document filed under seal, #20 Exhibit 19 Becker depo, #21 Exhibit 20 confidential document filed under seal, #22 Exhibit 21confidential document filed under seal, #23 Exhibit 22 confidential document filed under seal, #24 Exhibit 23 confidential document filed under seal, #25 Exhibit 24 confidential document filed under seal, #26 Exhibit 25confidential document filed under seal, #27 Exhibit 26 Meador article, #28 Exhibit 27 Adab Article, #29 Exhibit 28 PDR Depakote, #30 Exhibit 29 PDR Dilantin, #31 Exhibit 30 PDR Tegretol, #32 Exhibit 31 PDR Lamictal, #33 Exhibit 32 Practice Parameter, #34 Exhibit 33 Bundage Art, #35 Exhibit 34 placeholder for audiotape, #36 Exhibit 35 Battino Art, #37 Exhibit 36 Canger article, #38 Exhibit 37 Depakote label 2016, #39 Errata signature)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 131 RESPONSE in Opposition re #111 MOTION for Summary Judgment by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Motion for Partial Summary Judgment on Defendants' Affirmative Defenses filed by Abbott Laboratories, Abbvie Inc.. (Attachments: #1 Exhibit Ex. 1 - 2006-02-07 Email, #2 Exhibit Ex. 2 - 2008-02-26 Email from Mario Saltarelli to Steven Hoff, #3 Exhibit Ex. 3 - 2010-12-01 Email from Susan Daugherty, #4 Exhibit Ex. 4 - 2009-09-18 Meeting Minutes, #5 Exhibit Ex. 5 - 2016-01-11 In re Fosamax App. Reply Br., #6 Exhibit Ex. 6 - 2015-02-20 D.W.K. Order on Plaintiffs MIL (Doc. 287), #7 Exhibit Ex. 7 - 2015-09-10 Rheinfrank Order on MIL (Doc. 275), #8 Exhibit Ex. 8 - 2015-02-02 Dotegowski Order re Motion in Limine and to Bifurcate, #9 Exhibit Ex. 9 - 2004-12 AES Annual Meeting, #10 Exhibit Ex. 10 - 2005-4-18 Letter to FDA re NDA 18-723 PAS labeling, #11 Exhibit Ex. 11 - 2015-02-17 Rheinfrank Ex. 1 Resp. to MSJ (Doc. 152-1), #12 Exhibit Ex. 12 - 2007-05-21 General Correspondence, #13 Exhibit Ex. 13 - 2008-03-08 FDA Contact Report, #14 Exhibit Ex. 14 2009-06 PPT titled, DNP Review, #15 Exhibit Ex. 15 - 2009 -06-23 Advisory Comm. Minutes, #16 Exhibit Ex. 16 - 2010-12-07 DNP Update Excerpts, #17 Exhibit Ex. 17 - 2009-04-30 Req for advice re DD, #18 Exhibit Ex. 18 - 2011-02-11 Attachment to Email from FDA to Abbott, #19 Exhibit Ex. 19 - 2011-10 Supp REMS Retr. and 6.4 of apprv. label, #20 Exhibit Ex. 20 - 2016-09-13 Parisian, Suzanne Excerpts, #21 Exhibit Ex. 21 - 2014-11-5 Buncher Dep. in Rheinfrank, #22 Exhibit Ex. 22 - 2014-01 FDA Guidance for Industry - DHCP Letters, #23 Exhibit Ex. 23 - Wiznitzer Report, #24 Exhibit Ex. 24 - Lerer Rpt, #25 Exhibit Ex. 25 - Gidaya 2016 Pediatr, #26 Exhibit Ex. 26 - Dean JCS et al 2002 J Med Genet, #27 Exhibit Ex. 27 - Adab, et al 2004 JNNP, #28 Exhibit Ex. 28 - Keyes et al 2014 Psychol Med)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 130 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (Attachments: #1 Exhibit depo transcript, #2 Exhibit 1 NOD, #3 Exhibit 2 Autism & Valproate Art, #4 Exhibit 3 Neurodev and behav delay art, #5 Exhibit 4 ppt Buncher, #6 Exhibit 5 Buncher report outline, #7 Exhibit 6 placeholder, #8 Exhibit 7 Valproate list results, #9 Exhibit 8 malformation risks, #10 Exhibit 9 CFR 21, #11 Exhibit 10 WebMD birth Def linked to vpa, #12 Exhibit 11 Supp to Tomson art, #13 Exhibit 12 Art: Newsinferno, #14 Exhibit 13 NCBI Art, #15 Exhibit 14 MedWatch, #16 Exhibit 15 Malformations in offspring, #17 Exhibit 16 Wikipedia article, #18 Exhibit 17 Hensh Art, #19 Exhibit 18 Fetal Dev Chart, #20 Exhibit 19 UCB art, #21 Exhibit 20 Gov UK Sod VPA, #22 Exhibit 21 Netdoctor, #23 Exhibit 22 PPT comp of warning labels, #24 Exhibit 23 Brochure, #25 Exhibit 24 Schreiner art, #26 Exhibit 25 Bradford Hill art, #27 Exhibit 26 Ynak art, #28 Exhibit 27 CV Buncher, #29 Exhibit 28 Historical Timeline, #30 Exhibit 29 Delgado-Escueta art, #31 Exhibit 30 Lindhout art, #32 Exhibit 31 Olafsson art, #33 Exhibit 32 Sabers Art, #34 Exhibit 33 Kaneko art, #35 Exhibit 34 Amer Acad Neurology, #36 Exhibit 35 Meador Art, #37 Exhibit 36 LaJoie & Moshe art, #38 Exhibit 37 Tomson art, #39 Exhibit 38 Tanoshima art, #40 Exhibit 39 PDR 57, #41 Exhibit 40 Pat Info Sheet, #42 Exhibit 41 Continue Use approv form, #43 Exhibit 42 Dear Dr ltr, #44 Exhibit 43 Dep package insert, #45 Exhibit 44 Imp Info, #46 Exhibit 45 Bus Rep Mail Card, #47 Exhibit 46 ABPI Data Sheet, #48 Exhibit 47 Epilim label 2002, #49 Exhibit 48 PDR 57, #50 Exhibit 49 PDR 51, #51 Exhibit 50 Boyle Art, #52 Exhibit 51 Edwards art, #53 Exhibit 52 Adab art, #54 Exhibit 53 Madigan rep, #55 Exhibit 54 Buncher exp opin, #56 Exhibit 55 Adab art, #57 Exhibit 56 Rodier Art, #58 Errata signature)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 129 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #27 Order on Motion for Protective Order, by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 128 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Dr. Tcheng's Exhibit 1 under seal (Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 127 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (Attachments: #1 Exhibit 1 - Confidential filed under seal, #2 Exhibit 2 - PDR 2003, #3 Exhibit 4 - Principles of Internal Medicine, #4 Exhibit 5- Tcheng CV, #5 Errata Errata and signature)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 126 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #27 Order on Motion for Protective Order, by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (Attachments: #1 Exhibit 6 Medical Record, #2 Exhibit 11 Medical Record, #3 Exhibit 12 Medical Record) (Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 125 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (Attachments: #1 Exhibit 1 - Subpoena to testify, #2 Exhibit 2 - cv. Dr. Becker, #3 Exhibit 3 - Dr. Becker w-9, #4 Exhibit 4 - Dr. Becker Cert of NR, #5 Exhibit 5 - Confidential filed under seal, #6 Exhibit 6 - confidential filed under seal, #7 Exhibit 7 - practice parameters, #8 Exhibit 8 - PDR 2003 carbatrol, #9 Exhibit 9 - PDR 2003 Depakote, #10 Exhibit 10- Karceski, MD, et al., article, #11 Exhibit 11 - confidential filed under seal, #12 Exhibit 12- confidential filed under seal, #13 Exhibit 13- call log, #14 Exhibit 14 - Sullivan article, #15 Exhibit 15 - Epilim label 78, #16 Exhibit 16 - Answer, #17 Exhibit 17-BBC news article 12-20-2000, #18 Exhibit 18- Arpino article, #19 Exhibit 19 - Vajda, et al, article, #20 Exhibit 20-Mawer Article, #21 Exhibit 21 - 8/30/02 abbott doc, #22 Exhibit 22 - Vajda article, #23 Exhibit 23- NEAD study, #24 Exhibit 24 - FDA 2009 advisory, #25 Exhibit 25- Complaint and Jury Demand)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 124 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #27 Order on Motion for Protective Order, by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (Attachments: #1 Exhibit 3 Medical Records, #2 Exhibit 4 Medical Records, #3 Exhibit 5 Medical Records, #4 Exhibit 6 Medical Records, #5 Exhibit 7 Medical Records, #6 Exhibit 8 Medical Records, #7 Exhibit 9 Medical Records, #8 Exhibit 10 Medical Records, #9 Exhibit 11 Medical Records, #10 Exhibit 12 Medical Records, #11 Exhibit 13 Medical Records, #12 Exhibit 14 Medical Records, #13 Exhibit 15 Medical Records) (Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 123 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler re #27 Order on Motion for Protective Order, (Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
December 16, 2016 Filing 122 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Deposition and Confidential Exhibits (Attachments: #1 Exhibit Deposition Transcript Volume I, #2 Exhibit Deposition Transcript Volume II, #3 Exhibit 1 - Interrogs, #4 Exhibit 2 - Confidential Exhibit filed under seal, #5 Exhibit 3 - Confidential Exhibit filed under seal, #6 Exhibit 4 - Confidential Exhibit filed under seal, #7 Exhibit 5 - Confidential Exhibit filed under seal, #8 Exhibit 6 - Confidential Exhibit filed under seal, #9 Exhibit 7 - Confidential Exhibit filed under seal, #10 Exhibit 8 - Confidential Exhibit filed under seal, #11 Exhibit 9 - Confidential Exhibit filed under seal, #12 Exhibit 10 - Confidential Exhibit filed under seal, #13 Exhibit 11- Confidential Exhibit filed under seal, #14 Exhibit 12 - Confidential Exhibit filed under seal, #15 Exhibit 13 - Confidential Exhibit Filed under seal, #16 Exhibit 14 - Confidential Exhibit filed under seal, #17 Exhibit 15- Confidential Exhibit Filed under seal, #18 Errata Errata & Signature sheet)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
November 29, 2016 Opinion or Order Filing 121 ORDER: 1) That the Motion to Amend Partial Scheduling Order for Jameson Plfs #120 is granted; That the remaining dates and schedules are amended as follows: 1) Dates to make expert witness disclosures, including reports when required: Party with burden of proof: 3/3/2017; Opponent: 4/14/2017; Rebuttal Expert: 5/15/2017; 2) Expert Discovery Cutoff: 6/19/2017; 3) Dispositive Motions Due 7/21/2017; Memoranda contra due 8/11/2017; Reply Memorandum due 8/25/2017. Signed by Magistrate Judge Candace J. Smith on 11/28/2016.(ECO)cc: COR Modified text on 11/29/2016. (AWD) [Transferred from Kentucky Eastern on 4/19/2018.]
November 28, 2016 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #120 MOTION to Amend/Correct by Tina Jameson, Tina Jameson, William Jameson, William Jameson Plaintiffs' Motion to Amend Pretrial Scheduling Order for Jameson Plaintiffs (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
November 23, 2016 Filing 120 MOTION to Amend/Correct by Tina Jameson, Tina Jameson, William Jameson, William Jameson Plaintiffs' Motion to Amend Pretrial Scheduling Order for Jameson Plaintiffs Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
November 18, 2016 Filing 119 MOTION for Summary Judgment by Abbott Laboratories, Abbvie Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 Tcheng, Alvena 6-2-2016 Excerpts, #3 Exhibit 2 Anderson, Tari - 2-12-2016 Excerpts, #4 Exhibit 3 Privitera, Michael D. 8-1-2016 Excerpts, #5 Exhibit 4 Depakote_PDR 2003, #6 Exhibit 5 2003 FDA Key Use-in-Pregnancy Ratings (PDR), #7 Exhibit 6 Moughler, Kathy - 2015.12.02 Excerpts, #8 Exhibit 7 Privierta Exhibit 11 Medical Records Excerpts, #9 Exhibit 8 Krauss Report Excerpt, #10 Exhibit 9 Becker, Philip Excerpts, #11 Exhibit 10 Fogelson, Harold Excerpts, #12 Exhibit 11 Engel, Diana Excerpts, #13 Exhibit 12 Becker CV, #14 Exhibit 13 Moughler, Kathy - 4-22-2016 Excerpts, #15 Exhibit 14 Moughler, Brian Excerpts, #16 Exhibit 15 Lerer Report Excerpt, #17 Exhibit 16 Depakote_Mar 1985, #18 Exhibit 17 1983 Dear Doctor Letter, #19 Exhibit 18 Depakote_Jun 2000, #20 Exhibit 19 Wyngaarden Article, #21 Exhibit 20 Isselbacher Article - 13th Edition, #22 Exhibit 21 Braunwald, #23 Exhibit 22 Feb 7, 2006 email., #24 Exhibit 23 Mar 3, 2008 FDA Contact Report, #25 Exhibit 4 Parisian, Suzanne 9-13-2016 Excerpts, #26 Exhibit 25 AES 2004 Annual Meeting, #27 Exhibit 26 Apr 18, 2005 Supplement, #28 Exhibit 27 May 21, 2007 General Correspondence, #29 Exhibit 28 Jun 29, 2009 FDA Powerpoint - Lisa Jones, #30 Exhibit 29 Oct 2011 Supp REMS Retr. and 6.4 of apprv. label, #31 Exhibit 30 Sep. 18, 2009 Meeting Minutes, #32 Exhibit 31 2-11-2011 att to email from FDA to abbott, #33 Exhibit 32 Delgado-Escueta 1992, #34 Exhibit 33 Yerby 1992 Epilepsia, #35 Exhibit 34 ACOG 1997, #36 Exhibit 35 Finnell et al 1997, #37 Exhibit 36 Practice Parameter, #38 Exhibit 37 Morrell 1998, #39 Exhibit 38 Samren E et al 1999 Ann Neurol, #40 Exhibit 39 Privitera, Michael - 10_17_14 Excerpts, #41 Exhibit 0 Moughler Suppl. Resp. to ROGs Excerpts, #42 Proposed Order)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
November 1, 2016 Opinion or Order Filing 118 ORDER: 1. The Joint Motion of Third-Party Witness Dr. James Anthony and Plaintiffs to Quash Subpoena and for Protective Order to Prohibit Deposition #96 is hereby denied as moot; and 2. the Case Schedule for the Jameson Plaintiffs remain as set in the Court's July 19, 2016 Order #72 . Signed by Magistrate Judge Candace J. Smith on 11/01/2016.(KRB)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
November 1, 2016 ***FILE SUBMITTED TO CHAMBERS of Judge Candace J. Smith for review: #117 Status Report (KRB) [Transferred from Kentucky Eastern on 4/19/2018.]
October 31, 2016 Filing 117 SUPPLEMENTAL STATUS REPORT by Abbott Laboratories, Abbvie Inc.. (Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
October 31, 2016 ***FILE SUBMITTED TO CHAMBERS of Judge Candace J. Smith for review: #114 Status Report, #115 Status Report, #116 Status Report (KRB) [Transferred from Kentucky Eastern on 4/19/2018.]
October 28, 2016 Filing 116 STATUS REPORT by Abbott Laboratories, Abbvie Inc.. (Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
October 28, 2016 Filing 115 INITIAL STATUS REPORT by James Anthony. (DeBra, Joshua) [Transferred from Kentucky Eastern on 4/19/2018.]
October 28, 2016 Filing 114 STATUS REPORT by Tina Jameson, Tina Jameson, William Jameson, William Jameson. (Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
October 21, 2016 Opinion or Order Filing 113 VIRTUAL ORDER: granting #94 Motion for leave to Seal a Document filed by Plfs, the redacted documents having been filed #101 , and the unredacted documents #95 to remain sealed. Signed by Magistrate Judge Candace J. Smith on 10/21/2016. (ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
October 21, 2016 Opinion or Order Filing 112 ORDER: 1) Defs' Unopposed Motion to Extend Deadlines for Dispositive Motions as to Moughler Plfs' Claims #103 is granted; 2) The Case Management Schedule for the Moughler Plfs as set forth in the Court's 1/20/2015 Order #22 , as amended on 3/6/15 #25 , 9/11/2015 #29 and 1/27/2016 #38 , is further amended as follows: a. Dispositive motions due 11/18/2016; b. Memoranda contra due 12/16/2016; and c> any Reply Memoranda due 1/6/2017. Signed by Magistrate Judge Candace J. Smith on 10/21/2016.(ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
October 21, 2016 Filing 111 MOTION for Summary Judgment by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Motion for Partial Summary Judgment on Defendants' Affirmative Defenses (Attachments: #1 Memorandum in Support Memorandum in Support, #2 Exhibit A Declaration of J. Abaray re submitted cited medical literature and product labels, #3 Exhibit A-1, 2016 Depakote Label, #4 Exhibit A-2, Nov. 2009 Depakote Label, #5 Exhibit A-3, 2013 Depakote Tablets PDR Label, #6 Exhibit A-4,Loscher Article, #7 Exhibit A-5, Clarren,1978 article, #8 Exhibit A-6, Dalens1980 article, #9 Exhibit A-7, Nau 1981 article, #10 Exhibit A-8, Gomez 1981 article, #11 Exhibit A-9, Clay 1981 article, #12 Exhibit A-10, CDC 1982 Report, #13 Exhibit A-11, Robert & Rosa 1983 Artcle, #14 Exhibit A-12, DiLiberti, et al., 1984 Article, #15 Exhibit A-13, Ardinger, et al., 1988 Article, #16 Exhibit A-14, Winter, 1987 Article, #17 Exhibit A-15, Hattig, 1987 Article, #18 Exhibit A-16, Ohtsuhka, et la., 1999 Article, #19 Exhibit A-17, Adab, et al.,2001 Article, #20 Exhibit A-18, Adab, 2004 article, #21 Exhibit A-19, Gaily, et al., 2004 article, #22 Exhibit A-20, Vinten, et al., 2005 Article, #23 Exhibit A-21, Meador, et al., 2009 Article, #24 Exhibit A-22, Cummings, et al., 2011 Article, #25 Exhibit A-23, Meador, et al.,2012 Article, #26 Exhibit A-24, Meador, et al., 2013 Article, #27 Exhibit A-25, Vorhees, 1987 Article, #28 Exhibit A-26, Christianson 1994 Article, #29 Exhibit A-27, Rodier 1996 Article, #30 Exhibit A-28, Rodier 1996 Animal Model, #31 Exhibit A-29, Rodier 1997 Article, #32 Exhibit A-30 Narita, et al., 2002 Article, #33 Exhibit A-31, Miyazaki, et al., 2005 Article, #34 Exhibit A-32, Roullet, et al., 2013 Article, #35 Exhibit A-33, Mabunga, et al., 2015 Article, #36 Exhibit A-34, Bescoby-Chambers, et al., 2001 Article, #37 Exhibit A-35, Dean et al.,2002 Article, #38 Exhibit A-36, Gavin, et al., 2007 Article, #39 Exhibit A-37, Cohen, et al., 2011 Article, #40 Exhibit A-38, Cohen, et al., 2013 Article, #41 Exhibit A-39, Bromley, et al., 2013 Article, #42 Exhibit A-40, Bromley, et al., 2016 Article, #43 Exhibit A-41, 1997 Williams Article, #44 Exhibit A-42, 2001 Williams Article, #45 Exhibit A-43, Rasalam, et al., 2005 Article, #46 Exhibit A-44, Bromley, et al., 2008 Article, #47 Exhibit A-45, DSM V, #48 Exhibit A-46, Christensen, et al., 2013 article, #49 Exhibit B, Declaration of J Abaray re cited documents produced in this litigation, #50 Exhibit B-1, November 2009 Labeling Supplement, #51 Exhibit B-2, Depakene and Depakote Approval letters, #52 Exhibit B-3, Orig. New Drug App. for Depakene Cap. Vol I, #53 Exhibit B-4, Depakote Tablets Periodic Adv Drug Exp. Rep., #54 Exhibit B-5, Florence I Roullet Expert Rep. at 21-23, #55 Exhibit C - Declaration of J Abaray re submitted cited public records and reports, #56 Exhibit C-1, 10/7/11 & 2/27/13 approval letter, #57 Exhibit C-2, Imp. Info. for Healthcare Prof. on Risks of Valproate in Female Patients @ pg. 5, #58 Proposed Order proposed order)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
October 20, 2016 Filing 110 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #27 Order on Motion for Protective Order, by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (Attachments: #1 Exhibit 1 - NOD, #2 Exhibit 2 - Addt'l Rel Mat, #3 Exhibit 3 - CV, #4 Exhibit 4- Expert Report, #5 Exhibit 5- Neurology 1988 article, #6 Exhibit 6 - 3/14/06 Intensive level Eval., #7 Exhibit 7 - Meador Article, #8 Exhibit 8 - billing, #9 Exhibit 9 - Vineland Score) (Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
October 20, 2016 Filing 109 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler re #27 Order on Motion for Protective Order, Transcript and Exhibits of Dr. Max Wiznitzer (Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
October 20, 2016 Filing 108 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #27 Order on Motion for Protective Order, by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (Attachments: #1 Exhibit 1 NOD, #2 Exhibit 2 INV, #3 Exhibit 3 -Supp Mat, #4 Exhibit 4 - Prior testimony, #5 Exhibit 5 supp exp report, #6 Exhibit 6 - exp rep, #7 Exhibit 7 - pdr, #8 Exhibit 8 - label, #9 Exhibit 9 - Tanoshima article, #10 Exhibit 10 - valproate in female pt, #11 Exhibit 11 - treatment with valproate, #12 Exhibit 12 - patient guide, #13 Exhibit 13 - materials provided to Feigal, #14 Exhibit 14 - NDA, #15 Exhibit 15 -2003 21 CFR, #16 Exhibit 16 -adv reac, #17 Exhibit 17 - new drug ap, #18 Exhibit 18- Vajda article, #19 Exhibit 19 skipped, #20 Exhibit 20 Abbott Int email, #21 Exhibit 21- 21 CFR) (Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
October 20, 2016 Filing 107 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler re #27 Order on Motion for Protective Order, Transcript and Exhibits of Dr. Feigal (Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
October 20, 2016 Filing 106 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler The Deposition and Redacted Exhibits of Jeanne Martha Fox (Attachments: #1 Exhibit depo transcript, #2 Exhibit 126, #3 Exhibit 127, #4 Exhibit 130, #5 Exhibit 523, #6 Exhibit 659, #7 Exhibit 661, #8 Exhibit 673, #9 Exhibit 674, #10 Exhibit 675, #11 Exhibit 676, #12 Exhibit 677, #13 Exhibit 678, #14 Exhibit 679, #15 Exhibit 680, #16 Exhibit 681, #17 Exhibit 682, #18 Exhibit 683, #19 Exhibit 684, #20 Exhibit 685, #21 Exhibit 686, #22 Exhibit 687, #23 Exhibit 688, #24 Exhibit 689, #25 Exhibit 690, #26 Exhibit 691, #27 Exhibit 692, #28 Exhibit 693, #29 Exhibit 694, #30 Exhibit 695, #31 Exhibit 696, #32 Exhibit 697, #33 Exhibit 698, #34 Exhibit 699, #35 Exhibit 700, #36 Exhibit 701, #37 Exhibit 702, #38 Exhibit 703, #39 Exhibit 704, #40 Exhibit 705, #41 Exhibit 706, #42 Exhibit 707, #43 Exhibit 708, #44 Errata and Signature)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
October 20, 2016 Filing 105 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Deposition Transcript and Redacted Exhibits of James Steck (Attachments: #1 Exhibit Deposition Transcript, #2 Exhibit 423, #3 Exhibit 424, #4 Exhibit 425, #5 Exhibit 426, #6 Exhibit 427, #7 Exhibit 428, #8 Exhibit 429, #9 Exhibit 430, #10 Exhibit 431, #11 Exhibit 432, #12 Exhibit 433, #13 Exhibit 434, #14 Exhibit 435, #15 Exhibit 436, #16 Exhibit 437, #17 Exhibit 438, #18 Exhibit 439, #19 Exhibit 440, #20 Exhibit 441, #21 Errata Errata and Signature)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
October 20, 2016 Filing 104 NOTICE OF FILING by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Redacted Transcript and Exhibits of William M. Bracken (Attachments: #1 Redacted depo transcript, #2 Exhibit 1181, #3 Exhibit 1182, #4 Exhibit 1183, #5 Exhibit 1184, #6 Exhibit 1185, #7 Exhibit 1186, #8 Exhibit 1187, #9 Exhibit 1188, #10 Exhibit 1189, #11 Exhibit 1190, #12 Exhibit 1191, #13 Exhibit 1192, #14 Exhibit 1193, #15 Exhibit 1194, #16 Exhibit 1195, #17 Exhibit 1196, #18 Exhibit 1197, #19 Exhibit 1198, #20 Exhibit 1199, #21 Exhibit 1200, #22 Exhibit 1201, #23 Exhibit 1202, #24 Exhibit 1203, #25 Exhibit 1204, #26 Exhibit 1205, #27 Exhibit 1206, #28 Exhibit 1207, #29 Exhibit 1208, #30 Errata Signature and Errata)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
October 18, 2016 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #103 UNOPPOSED MOTION for Order by Abbott Laboratories, Abbvie Inc. to extend deadlines for dispositive motions as to the claims of the Moughler plaintiffs (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
October 17, 2016 Filing 103 UNOPPOSED MOTION for Order by Abbott Laboratories, Abbvie Inc. to extend deadlines for dispositive motions as to the claims of the Moughler plaintiffs Motions referred to Candace J. Smith. (Attachments: #1 Declaration of John McCauley, #2 Proposed Order)(Pope, Susan) Modified on 10/18/2016 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
October 13, 2016 NOTICE OF DOCKET MODIFICATION TO Melanie Bailey re #101 MEMORANDUM IN SUPPORT; Error: Exhibit 8 exceeds the five megabyte (5 MB) size limit; Entry by attorney; Correction: Clerk separated the PDF image into #5 segments. Counsel is reminded that large documents may not upload properly into ECF or download within a reasonable amount of time; therefore, when any particular document exceeds 5 MB, the document must be segmented into separate documents of 5 MB or less. The proper scanner settings are set forth on Page 5 of the ECF User Manual. No further action required by counsel. cc: COR (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
October 13, 2016 ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #102 Status Report, #101 MEMORANDUM IN SUPPORT,, #97 Order on Motion to Quash, Order on Motion for Protective Order (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
October 12, 2016 Filing 102 STATUS REPORT of Plaintiffs' on Joint Motion of Dr. Anthony ECF #96 by Tina Jameson, Tina Jameson, William Jameson, William Jameson. (Bailey, Melanie) Modified on 10/13/2016 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
October 12, 2016 Filing 101 MEMORANDUM IN SUPPORT of #95 pursuant to Order #97 filed by James Anthony, Tina Jameson, Tina Jameson, William Jameson, William Jameson. (Attachments: #1 Exhibit 1 Aff, #2 Exhibit 2 email, #3 Exhibit 3 email, #4 Exhibit 4 email, #5 Exhibit 5 redacted aff, #6 Exhibit 6 OH med, #7 Exhibit 7 red ltr, #8 Exhibit 8 depo)(Bailey, Melanie) Modified to add link on 10/13/2016 (ECO). (Additional attachment(s) added on 10/13/2016: #9 Ex 8. depo Part 1, #10 Ex. 8 depo Part 2, #11 Ex. 8 depo Part 3, #12 Ex, 8 depo Part 4, #13 Ex. 8 depo Part 5) (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
October 12, 2016 ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #100 Notice of Substitution of Counsel (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
October 11, 2016 Filing 100 NOTICE by James Anthony re #97 Order on Motion to Quash, Order on Motion for Protective Order,,,, Substitution of Counsel (DeBra, Joshua) [Transferred from Kentucky Eastern on 4/19/2018.]
October 11, 2016 ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #99 Stipulation of Extension of Time For Filing Defendant's Response to Joint Motion of Dr. Anthony and Plaintiffs #96 (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
October 7, 2016 Filing 99 STIPULATION On Extension of Time For Filing Defendant's Response to Joint Motion of Dr. Anthony and Plaintiffs #96 by Abbott Laboratories, Abbvie Inc., Tina Jameson, William Jameson, Brian Moughler, Kathy Moughler (Attachments: #1 Proposed Order)(Pope, Susan) Modified text to add link and plfs as filers on 10/11/2016 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
October 5, 2016 Filing 98 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 10/5/2016. before Magistrate Judge Candace J. Smith: the Court held an informal telephone conference to discuss a discovery dispute between the parties/Movant regarding Defendants request to take a telephone deposition of Dr. Brendan Kelley regarding matters raised in the Joint Motion of Third-Party Witness Dr. James Anthony and Plaintiffs to Quash Subpoena and for Protective Order to Prohibit Deposition (R. 96). The Court, having given its informal guidance on the issue, authorizes either party and/or the Movant to proceed with appropriate motion practice if the parties and Movant are still unable to resolve their dispute (KRB)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
October 3, 2016 Opinion or Order Filing 97 ORDER: 1) That Motion by Third-Party Witness Dr. James Anthony and Plfs' to File Under Seal Memorandum in Support of Joint Motion to Quash Subpoena and Motion for Protective Order #96 is taken under advisement. On or before 10/11/2016, counsel must file a Notice setting forth support for sealing the entire Memorandum in Support and attached exhibits, or file publicly an appropriately redacted Memorandum in Support that attaches those exhibits that do not contain Dr. Anthony's confidential information. Signed by Magistrate Judge Candace J. Smith on 10/3/2016. (ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
October 3, 2016 Set/Reset Deadlines: Counsel to file a Notice setting forth support for sealing entire Memo in Support and exhibits by 10/11/2016. (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
September 23, 2016 Filing 96 JOINT MOTION of Third-Party Witness Dr. James Anthony and Plaintiffs to Quash subpoena and MOTION for Protective Order to prohibit deposition by Tina Jameson, William Jameson. Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order )(Abaray, Janet) Modified text on 9/23/2016 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
September 23, 2016 Filing 95 SEALED DOCUMENT Sealed pursuant to MOTION TO SEAL re #94 MOTION for leave to Seal a Document by Tina Jameson, Tina Jameson, William Jameson, William Jameson by Tina Jameson, Tina Jameson, William Jameson, William Jameson (Attachments: #1 Memorandum in Support Memorandum in Support, #2 Exhibit 1 - JGA Affidavit, #3 Exhibit 2 - Bailey email, #4 Exhibit 3 -VonLehman email re depo, #5 Exhibit 4-VonLehman email re Anthony, #6 Exhibit 5 - VonLehman Affidavit, #7 Exhibit 6-Ohio Medical Board, #8 Exhibit 7 - Letter from Dr. Kelley, #9 Exhibit 8 - Dr. Becker depo and exhibits, #10 Proposed Order Proposed order) (Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
September 23, 2016 Filing 94 MOTION for leave to Seal a Document by Tina Jameson, William Jameson, re: #95 SEALED DOCUMENT re: #96 Joint Motion of Third-party Witness Dr. James Anthony and Plaintiffs to Quash subpoena and Motion for Protective Order to prohibit deposition by Tina Jameson, William Jameson Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Abaray, Janet) Modified to text and created link on 9/23/2016 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
September 21, 2016 Filing 93 NOTICE OF MANDATORY ECF DIRECTED TO Stephen E. Marshall, a non-registered attorney re #90 MINUTE ENTRY ORDER had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
September 21, 2016 Filing 92 NOTICE OF MANDATORY ECF DIRECTED TO Andrew Gendron, a non-registered attorney re #90 MINUTE ENTRY ORDER had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
September 21, 2016 Filing 91 NOTICE OF MANDATORY ECF DIRECTED TO Paul F. Strain, a non-registered attorney re #90 MINUTE ENTRY ORDER had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
September 21, 2016 Opinion or Order Filing 90 MINUTE ENTRY ORDER FOR INFORMAL TELEPHONE CONFERENCE held on 9/20/2016 before Magistrate Judge Candace J. Smith: Parties present as noted. IT IS ORDERED that: 1) The videotape deposition of James J. Anthony, M.D., scheduled for 9/21/2016, is canceled, subject to being rescheduled, if appropriate, after the adjudication of the forthcoming Motion; 2) Plfs' Motion for a Protective Order on Behalf of Dr. James Anthony #89 is denied as premature. 3) Plfs may file an appropriate Motion directed to the issues surrounding the taking of Dr. James Anthony's deposition by 9/23/2016. Defs shall file their Response by 10/7/2016, and Plfs shall file any Reply by 10/14/2016. (Court Reporter NONE.) Signed by Magistrate Judge Candace J. Smith on 9/21/2016. (ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
September 16, 2016 Filing 89 MOTION for Protective Order by Tina Jameson, Tina Jameson, William Jameson, William Jameson on behalf of Dr. James Anthony Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support Memorandum In Support of Motion for Protective Order, #2 Exhibit 1 - Affidavit of Janet Abaray, #3 Exhibit 2 - Notice of Deposition and Subpoena upon Dr. Anthony, #4 Exhibit 3- Email from Mary Novacheck, #5 Exhibit 4-Email from Dr. Anthony's wife, #6 Exhibit 5- Ohio Medical Board Formal Action Report, #7 Proposed Order Proposed Order)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
September 15, 2016 Opinion or Order Filing 87 VIRTUAL ORDER: granting #83 Motion for Kenneth M. Daly to Appear Pro Hac Vice on behalf of Plfs, the requirements of Jt Local Rule 83.2 having been satisfied.. Signed by Magistrate Judge Candace J. Smith on 9/14/2016. (ECO)cc: COR w/copy of Mandatory ECF General Order & ECF Registration form to Atty Kenneth Daly [Transferred from Kentucky Eastern on 4/19/2018.]
September 14, 2016 Opinion or Order Filing 88 VIRTUAL ORDER: granting #86 Motion for Sanna-Rae Taylor to Appear Pro Hac Vice on behalf of Plfs, the requirements of Jt Local Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 9/14/2016. (ECO)cc: COR w/copy of Mandatory ECF General Order & ECF REgistration form to Atty Sanna-Rae Taylor [Transferred from Kentucky Eastern on 4/19/2018.]
September 14, 2016 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #86 MOTION for Sanna-Rae Taylor to Appear Pro Hac Vice by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler ( Filing fee $125; receipt number 0643-3586829) (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
September 14, 2016 BAR STATUS Check completed as to Sanna-Rae Taylor re #86 MOTION for Sanna-Rae Taylor to Appear Pro Hac Vice by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler ( Filing fee $125; receipt number 0643-3586829). (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
September 13, 2016 Filing 86 MOTION for Sanna-Rae Taylor to Appear Pro Hac Vice by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler ( Filing fee $125; receipt number 0643-3586829)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A - Affidavit of Sanna-Rae Taylor, #2 Exhibit B- Cert of Good Standing, #3 Proposed Order Proposed order)(Bailey, Melanie) Modified text on 9/14/2016 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
September 12, 2016 Filing 85 NOTICE by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler re Motion Submitted, #83 MOTION for Kenneth M. Daly to Appear Pro Hac Vice by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler ( Filing fee $125; receipt number 0643-3580308), #84 Order on Motion to Appear Pro Hac Vice, Notice of Filing a supplemental affidavit in support of Kenneth M. Daly's Motion for Pro Hac Vice Admission (Attachments: #1 Supplement Affidavit)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
September 7, 2016 BAR STATUS Check completed as to Kenneth M. Daly re #83 MOTION for Kenneth M. Daly to Appear Pro Hac Vice by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler ( Filing fee $125; receipt number 0643-3580308). (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
September 7, 2016 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #83 MOTION for Kenneth M. Daly to Appear Pro Hac Vice by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler ( Filing fee $125; receipt number 0643-3580308) (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
September 6, 2016 Filing 83 MOTION for Kenneth M. Daly to Appear Pro Hac Vice by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler ( Filing fee $125; receipt number 0643-3580308)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A - Daly Affidavit, #2 Exhibit B- Cert of Good Standing, #3 Proposed Order Proposed Order)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
September 1, 2016 Opinion or Order Filing 84 IT IS ORDERED that the Motion to Appear Pro Hac Vice #83 is herebytaken under advisement, pending counsels filing of a Notice containing the required information by not later than September 16, 2016. Signed by Magistrate Judge Candace J. Smith on 09/07/2016. (KRB)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
September 1, 2016 Set/Reset Deadlines: Show Cause Response due by 9/16/2016. (KRB) [Transferred from Kentucky Eastern on 4/19/2018.]
August 29, 2016 Opinion or Order Filing 82 VIRTUAL ORDER: granting #80 Motion for Joel H. Smith to Appear Pro Hac Vice on behalf of Defs Abbott Laboratories and AbbVie Inc., the requirements of Jt Local Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 8/26/2016. (ECO)cc: COR w/ copy of Mandatory ECF General Order & ECF Registration form to Attorney Joel H. Smith [Transferred from Kentucky Eastern on 4/19/2018.]
August 29, 2016 Opinion or Order Filing 81 VIRTUAL ORDER: granting #79 Motion for Mary T. Novacheck to Appear Pro Hac Vice on behalf of Defs Abbott Laboratories and AbbVie Inc., the requirements of Jt Local Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 8/26/2016. (ECO)cc: COR w/ copy of Mandatory ECF General Order & ECF Registration form to Attorney Mary T. Novacheck [Transferred from Kentucky Eastern on 4/19/2018.]
August 26, 2016 BAR STATUS Check completed as to Mary T. Novacheck, Joel H. Smith re #79 MOTION for Mary T. Novacheck to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3571365), #80 MOTION for Joel H. Smith to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3571710). (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
August 26, 2016 NOTICE OF DOCKET MODIFICATION TO Susan Pope re #79 MOTION for Mary T. Novacheck to Appear Pro Hac Vice AND #80 MOTION for Joel H. Smith to Appear Pro Hac Vice; Error Attachments were insufficiently described as "Exhibit." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
August 26, 2016 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #79 MOTION for Mary T. Novacheck to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3571365), #80 MOTION for Joel H. Smith to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3571710) (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
August 25, 2016 Filing 80 MOTION for Joel H. Smith to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3571710)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1 - Affidavit of Joel H. Smith , #2 Exhibit 2 - Certificate of Good Standing, #3 Proposed Order)(Pope, Susan) Modified text to better described exhibit on 8/26/2016 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
August 25, 2016 Filing 79 MOTION for Mary T. Novacheck to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3571365)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1 - Affidavit of Mary T. Novacheck, #2 Exhibit 2 - Certificate of Good Standing, #3 Proposed Order)(Pope, Susan) Modified text to better describe exhibit on 8/26/2016 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
August 25, 2016 Opinion or Order Filing 78 VIRTUAL ORDER: granting #77 Motion for Randall L. Christian to Appear Pro Hac Vice on behalf of Defs Abbott Laboratories and AbbVie Inc., the requirements of Jt. Local Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 8/24/2016. (ECO)cc: COR w/copy of Mandatory ECF General Order and ECF Registration Form to Atty Randall L. Christian. [Transferred from Kentucky Eastern on 4/19/2018.]
August 24, 2016 BAR STATUS Check completed as to Randall L. Christian re #77 MOTION for Randall L. Christian to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3568930). (KRB) [Transferred from Kentucky Eastern on 4/19/2018.]
August 23, 2016 Filing 77 MOTION for Randall L. Christian to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3568930)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1 - Affidavit, #2 Exhibit 2 - Certificate of Good Standing, #3 Proposed Order)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
August 3, 2016 Opinion or Order Filing 76 VIRTUAL ORDER: granting #75 Motion for Andrew Gendron to Appear Pro Hac Vice on behalf of Defs Abbott Laboratories and AbbVie Inc., the requirements of Joint Local Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 8/3/2016. (ECO)cc: COR w/copy of Mandatory ECF General Order and ECF Registration Form to Atty Andrew Gendron [Transferred from Kentucky Eastern on 4/19/2018.]
August 2, 2016 BAR STATUS Check completed as to Andrew Gendron re #75 MOTION for Andrew Gendron to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3548615). (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
August 2, 2016 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #75 MOTION for Andrew Gendron to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3548615) (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
August 1, 2016 Filing 75 MOTION for Andrew Gendron to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3548615)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1 - Affidavit of Andrew Gendron, #2 Exhibit 2 - Certificate of Good Standing, #3 Proposed Order)(Pope, Susan) Modified text on 8/2/2016 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
July 22, 2016 Opinion or Order Filing 74 VIRTUAL ORDER: granting #73 Motion for Paul F. Strain to to Appear Pro Hac Vice on behalf of Defs Abbott Laboratories and AbbVie Inc., the requirements of Jt Local Rule 83.2 having been satisified. Signed by Magistrate Judge Candace J. Smith on 7/22/2016. (ECO)cc: COR w/copy of Mandatory ECF General Order and ECF Registration form to Atty Paul F. Strain. [Transferred from Kentucky Eastern on 4/19/2018.]
July 22, 2016 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #73 MOTION for Paul F. Strain to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3540436) (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
July 22, 2016 BAR STATUS Check completed as to Paul F. Strain re #73 MOTION for Paul F. Strain to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3540436). (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
July 21, 2016 Filing 73 MOTION for Paul F. Strain to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3540436)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1 - Affidavit of Paul F. Strain, #2 Exhibit 2 - Certificate of Good Standing, #3 Proposed Order)(Pope, Susan) Modified text to better described exhibit on 7/22/2016 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
July 19, 2016 Opinion or Order Filing 72 ORDER: That the Jt Motion to Amend the Pretrial Scheduling Order for Jameson Plfs #67 is GRANTED; The Pretrial Case Scheduled is amended as follows: 1) Fact Discovery and Status Reports due by 10/28/2016; 2) Expert Witness Disclosures, including report when required: Party with burden of proof 12/1/2016; Opponent due 1/13/2017; Rebuttal due 2/14/2017; 3) Expert Discovery due 3/16/2017; 4) Dispositive Motions due 4/24/2017; Memoranda contra due 5/18/2017; Reply Memoranda due 6/5/2017. Signed by Magistrate Judge Candace J. Smith on 7/19/2016. (ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
July 19, 2016 Opinion or Order Filing 71 VIRTUAL ORDER: granting #69 Motion for James O'Connor to Appear Pro Hac Vice on behalf of Defs Abbott Laboratories and Abbvie Inc., the requirements of Jt Local Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 7/19/2016. (ECO)cc: COR w/copy of Mandatory ECF General Order and ECF Registration form to to Atty James O'Connor. [Transferred from Kentucky Eastern on 4/19/2018.]
July 19, 2016 Opinion or Order Filing 70 VIRTUAL ORDER: granting #68 Motion for Stephen E. Marshall to Appear Pro Hac Vice on behalf of Defs Abbott Laboratories and Abbvie Inc., the requirements of Jt Local Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 7/19/2016. (ECO)cc: COR w/copy of Mandatory ECF General Order and ECF Registration form to to Atty Stephen E. Marshall [Transferred from Kentucky Eastern on 4/19/2018.]
July 18, 2016 BAR STATUS Check completed as to Stephen E. Marshall, James K. O'Connor re #68 MOTION for Stephen E. Marshall to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3535646), #69 MOTION for James O'Connor to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3535647). (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
July 18, 2016 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #68 MOTION for Stephen E. Marshall to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3535646), #69 MOTION for James O'Connor to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3535647) (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
July 15, 2016 Filing 69 MOTION for James O'Connor to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3535647)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1 - Affidavit, #2 Exhibit 2 - Certificate of Good Standing, #3 Proposed Order)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
July 15, 2016 Filing 68 MOTION for Stephen E. Marshall to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3535646)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1 - Affidavit, #2 Exhibit 2 - Certificate of Good Standing, #3 Proposed Order)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
July 14, 2016 Filing 67 JOINT MOTION for Order by Abbott Laboratories, Abbvie Inc., Tina Jameson, William Jameson, Brian Moughler, Kathy Moughler Amend Scheduling Order Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
July 14, 2016 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #67 JOINT MOTION for Order by Abbott Laboratories, Abbvie Inc., Tina Jameson, William Jameson, Brian Moughler, Kathy Moughler Amend Scheduling Order (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
June 27, 2016 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #61 MOTION for Sanctions by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
June 24, 2016 Filing 66 REPLY to Response to Motion re #61 MOTION for Sanctions by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler filed by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler. (Attachments: #1 Exhibit 1 - Certification of Janet Abaray)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
June 23, 2016 Filing 65 SEALED DOCUMENT re: #62 Response in Opposition re: #61 Motion for Sanctions; Sealed pursuant to PROTECTIVE ORDER re #27 Order on Motion for Protective Order, by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (Abaray, Janet) Modified to create link on 6/24/2016 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
June 23, 2016 Filing 64 SEALED DOCUMENT re: #62 Response in Opposition re: #61 Motion for Sanctions; Sealed pursuant to PROTECTIVE ORDER re #27 Order on Motion for Protective Order, by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (Abaray, Janet) Modified to create link on 6/24/2016 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
June 6, 2016 Filing 63 SEALED DOCUMENT re: #62 Response in Opposition re: #61 Motion for Sanctions; Sealed pursuant to PROTECTIVE ORDER re #27 Order on Motion for Protective Order, by Abbott Laboratories, Abbvie Inc. (Attachments: #1 Exhibit 2, #2 Exhibit 3) (Pope, Susan) Modified to create link on 6/24/2016 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
June 6, 2016 Filing 62 RESPONSE in Opposition re #61 MOTION for Sanctions by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler filed by Abbott Laboratories, Abbvie Inc.. (Attachments: #1 Exhibit 1 - filed under seal, #2 Exhibit 2 - filed under seal, #3 Exhibit 3 - filed under seal, #4 Exhibit 4 - Order denying motion for sanctions, #5 Exhibit 5 - Ex. 5 CV of M. Ballina, #6 Exhibit 6 - Declaration of J Grant, #7 Exhibit 7 - Cross-Notices, #8 Exhibit 8 - J. Grant Email)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
May 12, 2016 Filing 61 MOTION for Sanctions by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support Memorandum in Support Of Motion for Sanctions, #2 Exhibit A Memorandum and Order re Heimberger discovery order, #3 Exhibit B Deposition Notice - NAAEDPR, #4 Exhibit C Deposition Notice - NEAD, #5 Exhibit D Objection to NAAEDPR, #6 Exhibit E Objection to NEAD, #7 Exhibit F Affidavit of Attorney Daly, #8 Exhibit G Affidavit of Attorney Abaray, #9 Proposed Order Proposed Order)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
May 12, 2016 Filing 60 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #27 Order on Motion for Protective Order, by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (Attachments: #1 Exhibit 1300- Pltff's 30(b)(6) NOD of M. Ballina, #2 Exhibit 1301-1/1/96 Registry Agreement Between General Hospital Corporation and Sponsors, #3 Exhibit 1302-1/30/97 Abbott Interoffice Memorandum from Sommerville to Schwamlein, #4 Exhibit 1303-12/17/98 Minutes of the Scientific Advisory Committee and Steering Committee of the AED Pregnancy Registry, #5 Exhibit 1304-Listing of Depakote Advisors, Product Champions, Opinion Leaders, #6 Exhibit 1305-8/27/01 Email from Yerby to Schwamlein, #7 Exhibit 1306-Email Chain, Top Email sent 10/8/01 from Sommerville to Schwamlein, #8 Exhibit 1307-"Notes from 5/19/1997 Meeting of the Advisory Committee for Antiepileptic Drug Pregnancy Registry", #9 Exhibit 1308-1997 PDR Entry for Depakote, #10 Exhibit 1309 - 7/13/99 memo from Schwamlein to Collins, #11 Exhibit 1310 - 4/3/01 Memo from Holmes, et al., to Schwamlein, et al., #12 Exhibit 1311 - 5/14/03 Memo from Schwamlein to Embrescia, #13 Exhibit 1312- Article, "The AED (Antiepileptic Drug) Pregnancy Registry, a 6-Year Experience", #14 Exhibit 1313 - 8/30/02 email from Holmes to Sommerville Forwarding memo on findings, #15 Exhibit 1314- - 9/25/02 email from Ventura to Embrescia, et al., with attachment, #16 Exhibit 1315-email chain, top email sent 10/22/02 from Heimberger to Roebel, #17 Exhibit 1316-9/17/02 email from Mini to Schwamlein, et al., #18 Exhibit 1317-10/30/02 email from Schwamlein to Holmes, #19 Exhibit 1318-12/12/03 email from Mini to Marks, #20 Exhibit 1319-4/15/04 email from Mini to Kody, #21 Exhibit 1320-4/5/04 email from Mini to Kody re Orig. and Rev. AED Preg. Reg Manuscript drafts, #22 Exhibit 1321-Holmes Article, "Increased rate of major malformations in offspring exposed to valproate during pregnancy", #23 Exhibit 1322-2005 PDR Entry for Depakote, #24 Exhibit 1323- 10/23/2000 Document re "Information requested by Charles Schwamlein, M.D., of Abbott Laboratories", #25 Exhibit 1324-Abbott Document, "Spontaneous Valproate reports of congenital abnormality, 2/28/78-8/31/2000", #26 Exhibit 1325-Minutes of the Joint Committee Meeting at Semi-Annual Meeting in Boston, June 24, 2008, #27 Exhibit 1326- Holmes, et la., Article, "Fetal Effects of Anticonvulsant Polytherapies", #28 Exhibit 1327 - Document from Holmes, et al., to Oleske sent 5/1/13 re annual report on 8,104 exposed pregnancies from the NAAED Preg REg., #29 Exhibit 1328-5/31/02 Letter from Holmes to Schwamlein with enclosures, #30 Exhibit 1329-4/29/04 Email from Meinhold to Mini, #31 Exhibit 1330-email chain, top email sent 5/21/04 from Jackson to Burton, #32 Exhibit 1331-email 5/28/04 from Laughlin to Cassidy, #33 Exhibit 1332-Email chain, top email from Dean to Jackson 10/20/04, #34 Exhibit 1333-8/30/04 email from Baker to Meador, #35 Exhibit 1334-email chain, top email sent 9/14/04 from Verlinden to Leonard, #36 Exhibit 1335-"Agenda January 13-14,2005 Advisory on AEDs and Neurodevelopmental Delay Sofitel Hotel O'Hare, Chicago, Illinois", #37 Exhibit 1336-"Depakote Pre-Advisory Meeting January 7, 2005", #38 Exhibit 1338-"New Drug Application re Depakote (divalproex sodium) Tablets NDA No. 18-723 Supplement April 18, 2005, #39 Exhibit 1339-6/5/976 Document "comments on proposal for the AED Pregnancy Registry", #40 Exhibit 1340-12/18/06 Email from Baker to Abi-Saab, et al., #41 Exhibit 1341-Email Chain, top email sent 1/20/07 from Meador to Baker, #42 Exhibit 1342 - 2007 PDR Entry for Depakote, #43 Exhibit 247 (prev. marked) email from Kody to Schwamlein, #44 Exhibit 257-(prev. marked) PowerPoint Slides re NEAD Study, #45 Exhibit 257A(prev marked)-1/21/05 Email from Baker to Dean, #46 Exhibit 737(prev marked) 12/3/04 email from Baker to Shea, #47 Exhibit 763 (prev marked) white papers and cover email 2/21/05 from Baker to Giordano, #48 Exhibit 1176 (prev marked) 8/30/02 email from Schwamlein, et al., to Holmes, et al.,, #49 Exhibit 1176A (prev. marked) Chart from NAAED 8/30/2002, #50 Exhibit 1176B (prev Marked) Quote from memo, #51 Exhibit 1176C (prev marked) quote from memo, #52 Exhibit 1176D (prev marked) quote from memo, #53 Exhibit 11876E (prev marked) quote from memo, #54 Exhibit 1176F (prev marked) quote from memo) (Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
April 26, 2016 Opinion or Order Filing 59 VIRTUAL ORDER: granting [53 ]Motion for Jessica L. Grant to Appear Pro Hac Vice on behalf of Defendants Abbott Laboratories and AbbVie Inc., the requirements of Joint Local Rule 83.2 having now been satisfied. Signed by Magistrate Judge Candace J. Smith on 4/26/2016. (ECO)cc: COR w/copy of Mandatory ECF General Order and ECF Registration form to Atty Jessica L. Grant [Transferred from Kentucky Eastern on 4/19/2018.]
April 26, 2016 Opinion or Order Filing 58 VIRTUAL ORDER: granting #52 Motion for Dan H. Ball to Appear Pro Hac Vice on behalf of Defendants Abbott Laboratories and AbbVie Inc., the requirements of Joint Local Rule 83.2 having now been satisfied. Signed by Magistrate Judge Candace J. Smith on 4/26/2016. (ECO)cc: COR w/ copy of Mandatory ECF General Order and ECF Registration form to Atty Dan H. Ball [Transferred from Kentucky Eastern on 4/19/2018.]
April 26, 2016 Opinion or Order Filing 57 VIRTUAL ORDER: granting #51 Motion for Thomasina E. Poirot to Appear Pro Hac Vice on behalf of Defs Abbott Laboratories and AbbVie Inc., the requirements of Jt. Local Rule 83.2 having now been satisfied. Signed by Magistrate Judge Candace J. Smith on 4/26/2016. (ECO)cc: COR w/copy of Mandatory ECF General Order & ECF Registration form to Atty Thomasina E. Poirot [Transferred from Kentucky Eastern on 4/19/2018.]
April 22, 2016 ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #56 Notice of Filing, #53 MOTION for Jessica L. Grant to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3462592) (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
April 21, 2016 Filing 56 NOTICE OF FILING by Abbott Laboratories, Abbvie Inc. re #53 MOTION for Jessica L. Grant to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3462592) (Attachments: #1 Supplemental Affidavit)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
April 20, 2016 ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #55 Notice of Filing re: #54 Order on Motions to Appear Pro Hac Vice ( #51 , #52 ). (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
April 19, 2016 Filing 55 NOTICE OF FILING by Abbott Laboratories, Abbvie Inc. re #52 MOTION for Dan H. Ball to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3461255), #54 Order on Motion to Appear Pro Hac Vice,,, #51 MOTION for Thomasina E. Poirot to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3461241) (Attachments: #1 Supplemental Affidavit of Dan H. Ball, #2 Supplemental Affidavit of Thomasina E. Poirot)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
April 19, 2016 Opinion or Order Filing 54 ORDER: The motions to Appear Pro Hac Vice ( #51 ; #52 ) are taking under advisement, pending counsel's filing of a Notice containing the required information by not later than 4/29/2016. Signed by Magistrate Judge Candace J. Smith on 4/19/2016. (ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
April 19, 2016 Filing 53 MOTION for Jessica L. Grant to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3462592)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1 - Affidavit in Support, #2 Exhibit 2 - Certificate of Good Standing, #3 Proposed Order)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
April 19, 2016 BAR STATUS Check completed as to Thomasina Esmee Poirot, Dan H. Ball re #52 MOTION for Dan H. Ball to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3461255), #51 MOTION for Thomasina E. Poirot to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3461241). (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
April 19, 2016 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #51 MOTION for Thomasina E. Poirot to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3461241), #52 MOTION for Dan H. Ball to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3461255) (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
April 19, 2016 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #53 MOTION for Jessica L. Grant to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3462592) (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
April 19, 2016 BAR STATUS Check completed as to Jessica Lyn Grant re #53 MOTION for Jessica L. Grant to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3462592). (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
April 18, 2016 Filing 52 MOTION for Dan H. Ball to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3461255)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1. Affidavit in Support, #2 Exhibit 2. Certificate of Good Standing, #3 Proposed Order)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
April 18, 2016 Filing 51 MOTION for Thomasina E. Poirot to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $125; receipt number 0643-3461241)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1 - Affidavit in Support, #2 Exhibit 2 Certificate of Good Standing, #3 Proposed Order)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
April 18, 2016 ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #50 Status Report, #49 Status Report (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
April 15, 2016 Filing 50 STATUS REPORT by Abbott Laboratories, Abbvie Inc.. (Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
April 15, 2016 Filing 49 STATUS REPORT To The Court by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler. (Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
April 8, 2016 Filing 48 MINUTE ENTRY FOR INFORMAL TELEPHONE CONFERENCE held on 4/8/2016 before Magistrate Judge Candace J. Smith: Parties present as noted. (Parties to see Minute Entry for details). (Court Reporter NONE.) (ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
March 21, 2016 Opinion or Order Filing 47 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 3/21/2016. before Magistrate Judge Candace J. Smith: On March 18, 2016, the Court conducted a step two telephonic conference in this case to discuss a discovery dispute between the parties involving the production of unredacted copies of Mrs. Moughlers medical records from her primary care physicians. The Court discussed with counsel their positions on the issue and provided its guidance; namely, based upon the parties submissions to chambers and the information provided by counsel during the phone conference, it provisionally appears that Defendants should be provided unredacted records to explore possible defenses to the action, given the nature of the particular circumstances of the child in this case and the claims made here as to both the child and Mrs. Moughler. If the Courts guidance does not resolve the parties dispute, they may proceed with the appropriate motion practice Signed by Judge Candace J. Smith. (KRB)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
March 18, 2016 Filing 46 Defendants SUR-REPLY filed by Abbott Laboratories, Abbvie Inc.to Plaintiff's Motion to Compel Discovery #39 . Filed per Order at DE #45 . (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
March 18, 2016 Opinion or Order Filing 45 ORDER: 1) Defs' Motion to File Sur-Reply to Plf's Reply in Support of Motion to Compel #44 is granted. The Clerk may file the Sur-reply in the record herein; and 2) Plfs' Motion to Compel Discovery #39 is granted as to the Rule 20(b)(6) witnesses. Defs shall w/in 10 days fo this Order provide Plfs's counsel with available dates on which to take the Rule 30(b)(6) deposition(s). Signed by Magistrate Judge Candace J. Smith on 3/18/2016. (ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
February 29, 2016 Filing 44 MOTION for Leave to File by Abbott Laboratories, Abbvie Inc. Sur-Reply Motions referred to Candace J. Smith. (Attachments: #1 Proposed Sur-Reply, #2 Proposed Order)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
February 26, 2016 Filing 43 REPLY BRIEF to #39 , #41 filed by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler. (Attachments: #1 Exhibit A Day 4 1:26 pm Trial Transcript from Rheinfrank, #2 Exhibit B Day 14 12:01 Trial Transcript from Rheinfrank)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
February 17, 2016 Opinion or Order Filing 42 ORDER: that Plaintiffs shall have to and including February 26, 2016, to file a Reply in support of their Motion to Compel Discovery #39 . Signed by Magistrate Judge Candace J. Smith on 02/17/2016.(KRB)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
February 16, 2016 Filing 41 RESPONSE in Opposition re #39 MOTION to Compel by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler filed by Abbott Laboratories, Abbvie Inc.. (Attachments: #1 Exhibit 1, 11-29-15 Email from J. McCauley to J. Abaray, #2 Exhibit. 2, 30(b)(6) notice - NEAD, #3 Exhibit 3, 30(b)(6) notice - NAAEDPR, #4 Exhibit 4, 2015 01-20 Cross-Notice of Deposition of Dr. M. Jarvis, #5 Exhibit 5, Deposition excerpts - Jarvis, Michael - Kaleta Leal Pyszkowski, #6 Exhibit 6 (pt. 1 of 3), Deposition excerpts - Baker, Jeffrey - D. - Rheinfrank, Overpeck, #7 Exhibit. 6 (pt 2 of 3), Deposition excerpts - Baker, Jeffrey - D. - Rheinfrank, Overpeck, #8 Exhibit 6 (pt 3 of 3), Deposition excerpts - Baker, Jeffrey - D. - Rheinfrank, Overpeck, #9 Exhibit 7, Submission for 2014-12-10 DDC, #10 Exhibit 8, 1-16-15 Email Exchange between S. Pope and J. Abaray, #11 Exhibit 9, 30(b)(6) notice - Haas, #12 Exhibit 10, 2015 01-06 Cross-Notice of Deposition of M. Mularski, #13 Exhibit 11, SDIL HEARING - 2014.01.17 - Discovery Dispute Conference, #14 Exhibit 12, Submission for 11-25-14 DDC., #15 Exhibit 13, Overpeck-Mularski, #16 Exhibit 14, Haas Cross-Notice Rheinfrank, #17 Exhibit 15, Deposition excerpts - Haas, Jeffrey - Fragnoli, Lejeune 2014.02.13, #18 Exhibit 16, Deposition excerpts - Mularski, Mark - Kaleta, Pyszkowski, Leal 2015.01.07)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
February 8, 2016 Opinion or Order Filing 40 ORDER: Any responses to the Motion to Compel #39 shall be filed no later than 2/16/2016. Signed by Magistrate Judge Candace J. Smith on 2/8/2016.(TJZ)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
February 5, 2016 NOTICE OF DOCKET MODIFICATION TO Bailey, Melanie re #39 MOTION to Compel by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Amend; Error: attachments were insufficiently described as Exhibit A, Exhibit B. Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc cc: COR (KRB) [Transferred from Kentucky Eastern on 4/19/2018.]
February 4, 2016 Filing 39 MOTION to Compel by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support, #2 Exhibit A Certificate Janet G. Abaray in Support of Motion to Compel, #3 Proposed Order)(Bailey, Melanie) Modified Text on 2/5/2016 (KRB). [Transferred from Kentucky Eastern on 4/19/2018.]
January 27, 2016 Opinion or Order Filing 38 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 1/27/2016, before Magistrate Judge Candace J. Smith: 1. The parties Status Reports #36 & #37 , both of which reflect that fact discovery has not been completed as to the Moughler claims, are hereby construed as motions to extend the Moughler case deadlines and said construed motions are hereby GRANTED. 2. The Case Management Schedule for the Moughler Plaintiffs as set forth in the Courts September 11, 2015, Order #29 is hereby AMENDED as follows: a. Fact Discovery cutoff and Status Reports due: April 15, 2016 . b. Expert Witness Disclosures, including reports when required: Party with burden of proof: July 1, 2016 Opponent due: July 29, 2016 Rebuttal due: August 26, 2016 . c. Expert Discovery cutoff: September 23, 2016 . d. Dispositive Motions due: October 21, 2016 Memoranda contra due: November 14, 2016 Reply Memoranda due: December 8, 2016 . 3. Any future requests to extend case schedule deadlines must be made by motion filed prior to expiration of the deadline sought to be extended. In addition, further extensions will not be looked upon favorably by the Court and motions must be accompanied by affidavit of counsel detailing good cause for the requested extension (Tape #KYED-COV_2-14-CV-81-WOB-CJS_20160127_152208.) Signed by Judge Candace J. Smith. (KRB)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
January 25, 2016 ***FILE SUBMITTED TO CHAMBERS of Judge Candace J. Smith for review: #36 Status Report, #37 Status Report (KRB) [Transferred from Kentucky Eastern on 4/19/2018.]
January 22, 2016 Filing 37 STATUS REPORT by Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler. (Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
January 22, 2016 Filing 36 STATUS REPORT by Abbott Laboratories, Abbvie Inc.. (Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
January 4, 2016 Opinion or Order Filing 35 STIPULATED AMENDED PRETRIAL SCHEDULING ORDER FORJAMESON PLAINTIFFS: The Parties request that the following dates be entered by the Court with respect to the Jameson Plaintiffs: 1. Dates to make expert witness disclosures, including reports when required: Party with burden of proof: 09/01/2016 Opponent: 10/13/2016 Rebuttal Expert: 11/14/2016 2. Fact Discovery Cutoff: 07/29/2016 3. Expert Discovery Cutoff: 12/16/2016. 4. Dispositive Motions Due 01/23/2017 Memoranda contra due 02/16/2017 Reply Memoranda due 03/06/2017 WHEREFORE, the Parties respectfully request that this Court amend the Scheduling Order for the Jameson Plaintiffs in accordance with the stipulated dates above.. Signed by Magistrate Judge Candace J. Smith on 01/04/2016.(KRB)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
January 4, 2016 Opinion or Order Filing 34 VIRTUAL ORDER: granting #32 JOINT MOTION to Amend Pretrial Scheduling Order for Jameson Plaintiffs. The parties' proposed Stipulated Amended Pretrial Scheduling Order, which is approved by the Court, is separately entered. Signed by Magistrate Judge Candace J. Smith on 01/04/2016. (KRB)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
November 25, 2015 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #32 JOINT MOTION to Amend/Correct by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
November 24, 2015 Filing 33 NOTICE OF FILING by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler re #32 JOINT MOTION to Amend/Correct by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler Notice of Filing Proposed Order (Attachments: #1 Proposed Order)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
November 24, 2015 Filing 32 JOINT MOTION to Amend/Correct by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Mougler, Abbott Laboratories, AbbVie Inc. Motions referred to Candace J. Smith. (Bailey, Melanie) (Additional attachment(s) added on 11/25/2015: #1 Proposed Order) (ECO). Modified to add additional filers on 11/25/2015 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
November 20, 2015 Opinion or Order Filing 31 VIRTUAL ORDER: granting #30 MOTION for John A. McCauley to Appear Pro Hac Vice on behalf of Defendants Abbott Laboratories and AbbVie Inc., the requirements of Joint Local Rule 83.2 having been satisfied.. Signed by Magistrate Judge Candace J. Smith on 11/20/2015. (KRB)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
November 19, 2015 BAR STATUS Check completed as to John A, McCauley re #30 MOTION for John A, McCauley to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $95; receipt number 0643-3354426). (KRB) Modified Text on 11/20/2015 (KRB). [Transferred from Kentucky Eastern on 4/19/2018.]
November 17, 2015 Filing 30 MOTION for John A, McCauley to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $95; receipt number 0643-3354426)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1- Affidavit in Support, #2 Exhibit 2 - Certificate of Good Standing, #3 Proposed Order)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
September 28, 2015 Set/Reset Deadlines: Expert Witness List Disclosures/Report due by 4/8/2016. (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
September 11, 2015 Opinion or Order Filing 29 ORDER: The Jt Motion to Amend the Pretrial Scheduling Order #28 is granted. The Pretrial Case Schedule is amended as follows: 1) Fact Discovery and Status Reports due 1/22/16; 2) Expert Witness Disclsoures, including reports due from Party w/burden of proof 4/8/2016; from Opponent 5/6/2016; rebuttal due 6/3/2016; 3) Expert Discovery due 7/1/2016; 4) Dispositive Motions due 7/29/2016; Memorandua Contra due 8/22/2016; Reply Memorandum due 9/15/2016. Signed by Magistrate Judge Candace J. Smith on 9/11/2015. (ECO)cc: COR Modified on 9/28/2015 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
September 11, 2015 ***MOTION SUBMITTED TO CHAMBERS of Judge Candace J. Smith for review: re #28 JOINT MOTION to Amend/Correct by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Joint Motion to Amend Scheduling Order with Proposed Order Attached (KRB) [Transferred from Kentucky Eastern on 4/19/2018.]
September 11, 2015 Set/Reset Deadlines: Dispositive Motions due by 7/29/2016, Response due 8/22/2016; Reply due 9/15/2016 ; Fact Discovery due by 1/22/2016; Expert Witness Disclosures/Reports due by 4/8/2015; Expert Discovery due 7/1/2016; Status Report due 1/22/2016. (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
September 10, 2015 Filing 28 JOINT MOTION to Amend/Correct by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Joint Motion to Amend Scheduling Order with Proposed Order Attached Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
July 30, 2015 Opinion or Order Filing 27 PROTECTIVE ORDER: that the Joint Motion for Entry of Stipulated Protective Order #26 is hereby granted in part. The Court hereby accepts and incorporates by reference the attached Agreed Protective Order proposed by the parties [26-1], with the modifications as discussed above. (Attachments: #1 Proposed Protective Order)Signed by Magistrate Judge Candace J. Smith on 7/29/15 (KRB)cc: COR Modified Text on 7/31/2015 (KRB). Modified on text 5/12/2016 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
July 27, 2015 ***MOTION SUBMITTED TO CHAMBERS of Judge Candace J. Smith for review: re #26 JOINT MOTION for Protective Order by Abbott Laboratories, Abbvie Inc., Tina Jameson, William Jameson, Brian Moughler, Kathy Moughler (KRB) [Transferred from Kentucky Eastern on 4/19/2018.]
July 24, 2015 Filing 26 JOINT MOTION for Protective Order by Abbott Laboratories, Abbvie Inc., Tina Jameson, William Jameson, Brian Moughler, Kathy Moughler Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
March 6, 2015 Opinion or Order Filing 25 ORDER: It is ordered #24 JOINT MOTION to Amend/Correct Pretrial Scheduling order is GRANTED. It is further ordered that pretrial case schedule is amended as follows: 1) Fact discovery cutoff and status reports due October 2, 2015; 2) Expert witness disclosures including reports: party with burden of proof due November 6, 2015, opponent due December 21, 2015, rebuttal due January 20, 2016; 3) Expert discovery cutoff February 29, 2016; 4) Dispositive motions due March 31, 2016, Memoranda contra due April 25, 2016, Reply Memoranda due May 12, 2016. Signed by Magistrate Judge Candace J. Smith on 03/06/2015.(TED)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
March 4, 2015 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #24 JOINT MOTION to Amend/Correct by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler (TJZ) [Transferred from Kentucky Eastern on 4/19/2018.]
March 3, 2015 Filing 24 JOINT MOTION to Amend/Correct by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Proposed Order)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
February 5, 2015 Opinion or Order Filing 23 ORDER: The following procedure shall be used to address discovery disputes: 1) Parties shall meet and/or confer in an attempt to resolve disputes w/out judicial intervention; 2) If parties unable to resolve disputes, they shall attempt to resolve their disagreements by telephone conf with Mag Judge; 3) If parties are unable to resolve their disputes after conf with Mag Judge, they may file appropriate motions with the Court. Written motions regard discovery shall include the certification required. FURTHER ORDERED: Parties shall file jt or separate status report(s) by 10/2/2015, which status report should inform of the progress of discovery and the status of any settlement negotiations, including the likelihood of settlement and the feasibility of alternative dispute resolution. Signed by Magistrate Judge Candace J. Smith on 2/5/2015.(ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
January 30, 2015 Opinion or Order Filing 22 ORDER: 1) Plf's motion to transer #15 is DENIED; 2) Parties shall complete discovery by 10/2/2015; and 3) Dispositive motions shall be filed w/in 30 days of the close of discovery. Signed by Judge William O. Bertelsman on 1/30/2015.(ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
December 29, 2014 Filing 21 SURREPLY in Further Opposition to Plfs' Motion to Transfer #15 filed by Abbott Laboratories, Abbvie Inc. (Filed per Order DE #20 ). (ECO) [Transferred from Kentucky Eastern on 4/19/2018.]
December 29, 2014 Opinion or Order Filing 20 ORDER: 1) Defs' #18 Motion for Leave to File Surreply is GRANTED. Clerk is directed to file the surreply tendered with the Defs' Motion in the docket of this matter. Signed by Judge William O. Bertelsman on 12/29/2014. (ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
December 22, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #18 MOTION for Leave to File by Abbott Laboratories, Abbvie Inc. a Surreply (TJZ) [Transferred from Kentucky Eastern on 4/19/2018.]
December 4, 2014 Filing 19 TRANSCRIPT of Proceedings: DOCKET CALL held on 9/10/2014 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Susan Pope, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 1/2/2015. Redacted Transcript Deadline set for 1/8/2015. Release of Transcript Restriction set for 3/9/2015. [Transferred from Kentucky Eastern on 4/19/2018.]
November 3, 2014 Filing 18 MOTION for Leave to File by Abbott Laboratories, Abbvie Inc. a Surreply Motions referred to Candace J. Smith. (Attachments: #1 Proposed Surreply, #2 Proposed Order)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
October 31, 2014 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BERTELSMAN for review: re #15 MOTION for Order by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Plaintiffs' Motion to Transfer Venue to the Southern District of Ohio, Western Division (TED) [Transferred from Kentucky Eastern on 4/19/2018.]
October 30, 2014 Filing 17 REPLY to Response to Motion re #15 MOTION for Order by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Plaintiffs' Motion to Transfer Venue to the Southern District of Ohio, Western Division filed by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler. (Attachments: #1 Exhibit 1- Documents Evidencing Defendants' Ohio Locations and Def Abbott Labs Ohio Fictitious Name Registration for Abbott Nutrition, #2 Exhibit 2 - A Listing of Ohio Positions That Defendants Are Recruiting For, #3 Exhibit 3 - Docket Report for AbbVie v. Roxane Labs, #4 Exhibit 4 - Affidavit of Tina Jameson, #5 Exhibit 5 - Affidavit of Kathy Moughler, #6 Exhibit 6 - Portion of the Transcript of the May 30, 2014 Preliminary Pretrial Conference in Overpeck v. Abbott Labs, et al., #7 Exhibit 7 - February 18, 2014 Related Case Memorandum)(Abaray, Janet) [Transferred from Kentucky Eastern on 4/19/2018.]
October 13, 2014 Filing 16 RESPONSE in Opposition re #15 MOTION for Order by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Plaintiffs' Motion to Transfer Venue to the Southern District of Ohio, Western Division filed by Abbott Laboratories, Abbvie Inc.. (Attachments: #1 Exhibit 1 - 8-21-2013 Related Case Memorandum, #2 Proposed Order)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
September 23, 2014 NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO Janet Abaray re #15 MOTION to Transfer Venue to the Southern District of Ohio, Western Division ; Error: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel.NOTICE OF DOCKET MODIFICATION; Error: attachments were insufficiently described as Exhibit A, Exhibit B. Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR(TJZ) [Transferred from Kentucky Eastern on 4/19/2018.]
September 19, 2014 Filing 15 MOTION for Order by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler Plaintiffs' Motion to Transfer Venue to the Southern District of Ohio, Western Division (Attachments: #1 Exhibit-Corporation Details 6/19/1944, #2 Exhibit-Career FAQs, #3 Exhibit-SDOH case, #4 Proposed Order)(Abaray, Janet) Modified text on 9/23/2014 (TJZ). Modified to take out referral on 1/6/2015 (LST). [Transferred from Kentucky Eastern on 4/19/2018.]
September 15, 2014 Opinion or Order Filing 14 VIRTUAL ORDER: granting #13 Motion to Appear Pro Hac Vice for Janet G. Abaray to appear pro hac vice for Tina Jameson, William Jameson, Brian Moughler and Kathy Moughler. Signed by Magistrate Judge Candace J. Smith on 09/15/2014. (TED)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
September 15, 2014 BAR STATUS Check completed as to Janet G. Abaray re #13 MOTION for Janet G. Abaray to Appear Pro Hac Vice by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler ( Filing fee $95; receipt number 0643-3041144). (TED) [Transferred from Kentucky Eastern on 4/19/2018.]
September 15, 2014 ***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE SMITH for review: re #13 MOTION for Janet G. Abaray to Appear Pro Hac Vice by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler ( Filing fee $95; receipt number 0643-3041144) (TED) [Transferred from Kentucky Eastern on 4/19/2018.]
September 12, 2014 Filing 13 MOTION for Janet G. Abaray to Appear Pro Hac Vice by Tina Jameson, Tina Jameson, William Jameson, William Jameson, Brian Moughler, Brian Moughler, Kathy Moughler, Kathy Moughler ( Filing fee $95; receipt number 0643-3041144)Motions referred to Candace J. Smith. (Attachments: #1 Affidavit Exhibit A, #2 Proposed Order Exhibit B)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
September 10, 2014 Filing 12 MINUTE ENTRY ORDER FOR DOCKET CALL held on 9/10/2014 before Judge William O. Bertelsman: 1) Plfs shall have 10 days, up to and including 9/22/2014, w/in which to file any Motion to Transfer, if they so desire; 2) Any response or reply to said motion shall be filed as set out in Joint Local Rule 7.1. Although documents must now be filed electronically with the Court Clerk, a paper court courtesy copy must be provided to CHAMBERS within 48 hours of the filing of the brief or memorandum in support of any motion, where such brief or memorandum (including any attached exhibits) exceeds 10 pages.(Court Reporter JOAN AVERDICK.) (ECO)cc: COR, cc mailed to Atty Jason Sayers Modified text on 9/11/2014 (ECO). [Transferred from Kentucky Eastern on 4/19/2018.]
September 9, 2014 Opinion or Order Filing 11 VIRTUAL ORDER: granting #10 Motion FOR Jason Sayers to Appear Pro Hac Vice on behalf of Defs Abbott Laboratories and AbbVie Inc., the requirements of Jt Local Rule 83.2(a) having been satisfied. Signed by Magistrate Judge Candace J. Smith on 9/9/2014. (ECO)cc: COR w/ copy of Mandatory ECF General Order & ECF Registration form to Attorney Jason Sayers. [Transferred from Kentucky Eastern on 4/19/2018.]
September 9, 2014 BAR STATUS Check completed re #10 MOTION for Jason Sayers to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $95; receipt number 0643-3037840). (TJZ) [Transferred from Kentucky Eastern on 4/19/2018.]
September 8, 2014 Filing 10 MOTION for Jason Sayers to Appear Pro Hac Vice by Abbott Laboratories, Abbvie Inc. ( Filing fee $95; receipt number 0643-3037840)Motions referred to Candace J. Smith. (Attachments: #1 Affidavit, #2 Electronic Filing Attorney Registration Form, #3 Proposed Order)(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
August 22, 2014 Opinion or Order Filing 9 ORDER: DOCKET CALL set for 9/10/2014 at 01:00 PM in COVINGTON before Judge William O. Bertelsman. Signed by Judge William O. Bertelsman on 8/22/2014.(ECO)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
August 14, 2014 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #8 Report of Rule 26(f) Planning Meeting (TJZ) [Transferred from Kentucky Eastern on 4/19/2018.]
August 13, 2014 Filing 8 JOINT REPORT of Rule 26(f) Planning Meeting. (Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
June 23, 2014 Filing 7 FRCP 7.1 DISCLOSURE STATEMENT by Abbott Laboratories, Abbvie Inc.. (Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
June 23, 2014 Filing 6 ANSWER to #1 Complaint, with Jury Demand by Abbott Laboratories, Abbvie Inc..(Pope, Susan) [Transferred from Kentucky Eastern on 4/19/2018.]
May 28, 2014 Filing 5 WAIVER OF SERVICE Returned Executed by Tina Jameson, Brian Moughler, Tina Jameson, Brian Moughler, Kathy Moughler, William Jameson, William Jameson, Kathy Moughler. Abbvie Inc. waiver sent on 4/24/2014, answer due 6/23/2014. (Attachments: #1 Receipt Certified Mail Card)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
May 28, 2014 Filing 4 WAIVER OF SERVICE Returned Executed by Tina Jameson, Brian Moughler, Tina Jameson, Brian Moughler, Kathy Moughler, William Jameson, William Jameson, Kathy Moughler. Abbott Laboratories waiver sent on 4/24/2014, answer due 6/23/2014. (Attachments: #1 Receipt Returned Certified Mail Card)(Bailey, Melanie) [Transferred from Kentucky Eastern on 4/19/2018.]
April 22, 2014 Opinion or Order Filing 3 STANDING REFERRAL ORDER; 1)Case referred to Mag. Judge to supervise discovery and pretrial proceedings. Case to revert back to undersigned to hold final pretrial conference and trial; 2)Mag. Judge to conduct all pretrial/status conferences and rule on nondispositive motions. Dispositive motions and motions in limine to be referred by the Clerk of this Court to the undersigned. Final pretrial conference and trial also to be before the undersigned. Signed by Judge William O. Bertelsman on 06/18/2010.. Signed by Judge William O. Bertelsman on 6/18/2010.(LST)cc: COR [Transferred from Kentucky Eastern on 4/19/2018.]
April 22, 2014 Filing 2 MAGISTRATE JUDGE CANDACE J. SMITH chosen by random selection to handle matters that may be referred in this case.. (LST) [Transferred from Kentucky Eastern on 4/19/2018.]
April 22, 2014 Filing 1 COMPLAINT AND JURY DEMAND ( Filing fee $400; receipt number 0643-2929523), filed by Tina Jameson, Brian Moughler, Tina Jameson, Brian Moughler, Kathy Moughler, William Jameson, William Jameson, Kathy Moughler. (Attachments: #1 Civil Cover Sheet, #2 Case Assignment)(LST) [Transferred from Kentucky Eastern on 4/19/2018.]
April 22, 2014 Conflict Check run. (LST) [Transferred from Kentucky Eastern on 4/19/2018.]

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Search for this case: Moughler et al v. Abbott Laboratories et al
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Plaintiff: William Jameson
Represented By: Sanna-Rae Taylor
Represented By: David C. Harman
Represented By: David V. Kramer
Represented By: Janet G. Abaray
Represented By: Kenneth M. Daly
Represented By: Melanie S. Bailey
Represented By: Mark D. Guilfoyle
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Plaintiff: Kathy Moughler
Represented By: Sanna-Rae Taylor
Represented By: David C. Harman
Represented By: David V. Kramer
Represented By: Janet G. Abaray
Represented By: Kenneth M. Daly
Represented By: Melanie S. Bailey
Represented By: Mark D. Guilfoyle
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Plaintiff: Brian Moughler
Represented By: Sanna-Rae Taylor
Represented By: David C. Harman
Represented By: David V. Kramer
Represented By: Janet G. Abaray
Represented By: Kenneth M. Daly
Represented By: Melanie S. Bailey
Represented By: Mark D. Guilfoyle
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Plaintiff: Tina Jameson
Represented By: Sanna-Rae Taylor
Represented By: David C. Harman
Represented By: David V. Kramer
Represented By: Janet G. Abaray
Represented By: Kenneth M. Daly
Represented By: Melanie S. Bailey
Represented By: Mark D. Guilfoyle
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Defendant: Abbott Laboratories
Represented By: Dan H. Ball
Represented By: Paul F. Strain
Represented By: Paula M. Burlison
Represented By: Thomasina Esmee Poirot
Represented By: Andrew Gendron
Represented By: James K. O'Connor
Represented By: Jason Sayers
Represented By: Jessica Lyn Grant
Represented By: Joel H. Smith
Represented By: John A. McCauley
Represented By: Mary T. Novacheck
Represented By: Randall L. Christian
Represented By: Stephen E. Marshall
Represented By: Susan J. Pope
Represented By: Thomasina E. Poirot
Represented By: William Gordon Childs
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Defendant: Abbvie Inc.
Represented By: Dan H. Ball
Represented By: Paul F. Strain
Represented By: Paula M. Burlison
Represented By: Thomasina Esmee Poirot
Represented By: Andrew Gendron
Represented By: James K. O'Connor
Represented By: Jason Sayers
Represented By: Jessica Lyn Grant
Represented By: Joel H. Smith
Represented By: Mary T. Novacheck
Represented By: Randall L. Christian
Represented By: Stephen E. Marshall
Represented By: Susan J. Pope
Represented By: Thomasina E. Poirot
Represented By: William Gordon Childs
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Petitioner: James Anthony
Represented By: Joshua F. DeBra
Represented By: Janet G. Abaray
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