Burt et al v. AbbVie Inc. et al
Plaintiff: Sammie Lisa Burt, Thomas Leroy Burt and Eunice Mary Marchacos
Defendant: AbbVie Inc., Apollo Endoscopy US, Inc. and Apollo Endosurgery US, Inc.
Case Number: 3:2020cv01145
Filed: October 29, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: J Phil Gilbert
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2020 Filing 24 MEMORANDUM in Opposition re #18 MOTION for Discovery , #17 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss for Lack of Jurisdiction , #7 MOTION to Dismiss for Failure to State a Claim Pltfs motion for Enlargement of Time to file responses to Dfts MTD< filed by AbbVie Inc., Apollo Endosurgery US, Inc.. (Attachments: #1 Exhibit Exhibit A)(Ball, Dan)
December 16, 2020 Filing 23 NOTICE by AbbVie Inc., Apollo Endosurgery US, Inc. Notice of Filing Supplemental Exhibit (Attachments: #1 Exhibit Supplemental Ex. C to Defendants' Opposition to Plaintiffs' Motion to Hold Ruling in Abeyance)(Ball, Dan)
December 16, 2020 Filing 22 EXHIBIT by AbbVie Inc., Apollo Endosurgery US, Inc.. Exhibit to #19 Memorandum in Opposition to Motion, Exhibit B, Declaration of Emily Weith, dated November 19, 2020. (Ball, Dan)
December 16, 2020 Filing 21 EXHIBIT by AbbVie Inc., Apollo Endosurgery US, Inc.. Exhibit to #19 Memorandum in Opposition to Motion, Letter Dated December 2, 2020 from Christopher W. Dysart to Allergan, Inc.. (Ball, Dan)
December 15, 2020 Filing 20 MOTION for Hearing re #19 Memorandum in Opposition to Motion, #14 MOTION re #12 MOTION to Remand to State Court , #13 Memorandum in Support of Motion Plaintiffs Motion to Hold Ruling on Plaintiffs Motion to Remand in Abeyance Motion for Oral Argument by AbbVie Inc., Apollo Endosurgery US, Inc.. (Ball, Dan)
December 14, 2020 Filing 19 MEMORANDUM in Opposition re #14 MOTION re #12 MOTION to Remand to State Court , #13 Memorandum in Support of Motion Plaintiffs Motion to Hold Ruling on Plaintiffs Motion to Remand in Abeyance filed by AbbVie Inc., Apollo Endosurgery US, Inc.. (Ball, Dan)
December 10, 2020 Filing 18 MOTION for Discovery by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1 - Ltr to Allergan Inc. - Burt, #2 Exhibit Exhibit 2 - Ltr to Allergan Inc Proof of Delivery - Burt, #3 Exhibit Exhibit 3 - Ltr to Allergan USA Inc. - Burt, #4 Exhibit Exhibit 4 - Ltr to Allergan USA Inc Proof of Delivery - Burt, #5 Exhibit Exhibit 5 - Pltf Video Depo Notice to Abbvie Inc., #6 Exhibit Exhibit 6 - Pltf Video Depo Notice to Apollo, #7 Exhibit Exhibit 7 - Apollo Form 10-K 2016 - Pltf Mtn to Conduct Expedited Discovery)(Dysart, Christopher)
December 7, 2020 Filing 17 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss for Lack of Jurisdiction , #7 MOTION to Dismiss for Failure to State a Claim Pltfs motion for Enlargement of Time to file responses to Dfts MTD by All Plaintiffs. (Dysart, Christopher)
December 1, 2020 Filing 16 NOTICE of Appearance by Christopher W. Dysart on behalf of All Plaintiffs (Dysart, Christopher)
December 1, 2020 Filing 15 NOTICE OF ACTION re #12 Motion to Remand to State Court, #13 Memorandum in Support of Motion, and #14 Motion for Miscellaneous Relief filed by Sammie Lisa Burt, Thomas Leroy Burt, Eunice Mary Marchacos. See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Dysart does not have a Notice of Appearance on file in this case.(kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 30, 2020 Filing 14 MOTION re #12 MOTION to Remand to State Court , #13 Memorandum in Support of Motion Plaintiffs Motion to Hold Ruling on Plaintiffs Motion to Remand in Abeyance by All Plaintiffs. (Dysart, Christopher)
November 30, 2020 Filing 13 MEMORANDUM in Support re #12 MOTION to Remand to State Court filed by All Plaintiffs. (Dysart, Christopher)
November 30, 2020 Filing 12 MOTION to Remand to State Court by Sammie Lisa Burt, Thomas Leroy Burt, Eunice Mary Marchacos. Responses due by 1/4/2021 (Attachments: #1 Exhibit Exhibit 1 Ltr from FDA to BioEnterics dtd 06.05.2001, #2 Exhibit Exhibit 2 Obesity Solutions - BioEnterics Lapband System, #3 Exhibit Exhibit 3 Inamed Company History, #4 Exhibit Exhibit 4 Allergan-Inamed Merger Agreement, #5 Exhibit Exhibit 5 Bioenterics Lapband System Merger, #6 Exhibit Exhibit 6 Allergan Inamed Integration, #7 Exhibit Exhibit 7 Allergan Medical, #8 Exhibit Exhibit 8 Allergan Website, #9 Exhibit Exhibit 9 Allergan and Covidian Agreement, #10 Exhibit Exhibit 10 Allergan -FDA approval, #11 Exhibit Exhibit 11 Allergan label for LapBand, #12 Exhibit Exhibit 12 Allergan to pay millions to settle false claims, #13 Exhibit Exhibit 13 Allergan Securities and Exchange Commission, #14 Exhibit Exhibit 14 Allergan Securities and Exchange Commission Disc Oper Sect, #15 Exhibit Exhibit 15 Apollo Endosurgery Annual Report, #16 Exhibit Exhibit 16 Actavis-Allergan Merger, #17 Exhibit Exhibit 17 Actavis-Allergan Merger Press Release, #18 Exhibit Exhibit 18 Actavis changing name to Allergan plc, #19 Exhibit Exhibit 19 Irish Takeover Rules, #20 Exhibit Exhibit 20 AbbVie completes acquistion of Allergan, #21 Exhibit Exhibit 21 AbbVie-Allergan Website, #22 Exhibit Exhibit 22 Allergan plc press release)(Dysart, Christopher)
November 6, 2020 Filing 11 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge J. Phil Gilbert for further proceedings. Magistrate Judge Mark A. Beatty no longer assigned to the case. All future documents must bear case number 20-cv-1145-JPG. (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 5, 2020 Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Ball, Dan)
November 5, 2020 Filing 9 Corporate Disclosure Statement by AbbVie Inc.. (Ball, Dan)
November 5, 2020 Filing 8 Corporate Disclosure Statement by Apollo Endosurgery US, Inc. identifying Corporate Parent Apollo Endosurgery Inc. (Apen) for Apollo Endosurgery US, Inc.. (Ball, Dan)
November 5, 2020 Filing 7 MOTION to Dismiss for Failure to State a Claim by AbbVie Inc.. Responses due by 12/10/2020 (Ball, Dan)
November 5, 2020 Filing 6 MOTION to Dismiss for Lack of Jurisdiction by Apollo Endosurgery US, Inc.. Responses due by 12/10/2020 (Ball, Dan)
October 30, 2020 Filing 5 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Mark A. Beatty pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: All Parties. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 20-1145-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 11/20/2020 (kdw)
October 29, 2020 Filing 4 NOTICE by AbbVie Inc., Apollo Endoscopy US, Inc. Notice to Plaintiff of Filing Notice of Removal (Ball, Dan)
October 29, 2020 Filing 3 NOTICE of Appearance by James P. Emanuel, Jr on behalf of AbbVie Inc., Apollo Endoscopy US, Inc. (Emanuel, James)
October 29, 2020 Filing 2 NOTICE of Appearance by Dan H. Ball on behalf of AbbVie Inc., Apollo Endoscopy US, Inc. (Ball, Dan)
October 29, 2020 Filing 1 NOTICE OF REMOVAL from Madison County, case number 2020-L-001379 ( Filing fee $ 400 receipt number 0754-4321888), filed by AbbVie Inc., Apollo Endoscopy US, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - State Court File, #3 Exhibit C - Declaration of Emily Weith, #4 Exhibit D - Civil Cover Sheet)(Ball, Dan)

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Defendant: AbbVie Inc.
Represented By: James P. Emanuel, Jr.
Represented By: Dan H. Ball
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Defendant: Apollo Endoscopy US, Inc.
Represented By: James P. Emanuel, Jr.
Represented By: Dan H. Ball
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Defendant: Apollo Endosurgery US, Inc.
Represented By: James P. Emanuel, Jr.
Represented By: Dan H. Ball
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Plaintiff: Sammie Lisa Burt
Represented By: Christopher W. Dysart
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Plaintiff: Thomas Leroy Burt
Represented By: Christopher W. Dysart
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Plaintiff: Eunice Mary Marchacos
Represented By: Christopher W. Dysart
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