Beardsley et al v. AbbVie Inc. et al
Plaintiff: Michele Kipnis and Joseph Beardsley
Defendant: AbbVie Inc. and Apollo Endosurgery US, Inc.
Case Number: 3:2020cv01159
Filed: November 2, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: Staci M Yandle
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 28, 2020 Opinion or Order Filing 20 Order. The Motion for Postponement of Hearing (Doc. #19 ) is GRANTED. The Hearing on the Motion for Discovery set for December 30, 2020 is hereby CANCELLED and will be reset at a later date. The Court has been informed that Plaintiffs intend to file a Motion seeking leave to file an amended complaint along with other motions on or before January 6, 2021. As such, Defendants' deadline to respond to the Motion for Discovery (Doc. #17 ) is STAYED until further Order of the Court. Per the Court's Order (Doc. 18 ), the deadline to respond to the Motions to Dismiss (Docs. #6 and #7 ) and Motion to Remand (Doc. #13 ) remains STAYED until further Order of the Court. Signed by Judge Staci M. Yandle on 12/28/2020. (dah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 23, 2020 Filing 19 MOTION to Continue by All Plaintiffs. (Attachments: #1 Exhibit)(Dysart, Christopher)
December 14, 2020 Opinion or Order Filing 18 ORDER: The deadline to respond to the Motions to Dismiss (Docs. #6 and #7 ) and Motion to Remand (Doc #13 ) are hereby STAYED until further Order of the Court. Accordingly, Plaintiffs' Motion to Hold Ruling in Abeyance (Doc. #15 ) and Motion to Extension of Time (Doc. #16 ) are GRANTED in part. Defendants shall respond to the Motion for Discovery (Doc. #17 ) by December 28, 2020. This matter is SET for a Motion Hearing on the Motion for Discovery (Doc. #17 ) on December 30, 2020 at 1:30 p.m. by video conferencing before Judge Staci M. Yandle. Instructions for joining the video conference will be emailed to the parties prior to the hearing. Signed by Judge Staci M. Yandle on 12/14/2020. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 11, 2020 Filing 17 MOTION for Discovery by All Plaintiffs. (Attachments: #1 Exhibit Ex 1 - Ltr to Allergan Inc. - Beardsley, #2 Exhibit Ex 2 - Proof of Delivery to Allergan Inc. - Beardsley, #3 Exhibit Ex 3 - Ltr to Allergan USA Inc. - Beardsley, #4 Exhibit Ex 4 - Proof of Delivery Allergan USA Inc - Beardsley, #5 Exhibit Ex 5 - Pltf Video Depo Notice to Abbvie Inc. - Beardsley, #6 Exhibit Ex 6 - Pltf Video Depo Notice to Apollo - Beardsley 12.11.2020, #7 Exhibit Ex 7 - Apollo Form 10-K 2016 - Pltf Mtn to Conduct Expedited Discovery)(Dysart, Christopher)
December 11, 2020 Filing 16 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss for Lack of Jurisdiction Or in the Alternative to Transfer Venue Pltfs motion for Enlargement of Time to file responses to Dfts MTD by All Plaintiffs. (Dysart, Christopher)
December 1, 2020 Filing 15 MOTION re #14 Memorandum in Support of Motion, #13 MOTION to Remand to State Court Plaintiffs Motion to Hold Ruling on Plaintiffs Motion to Remand in Abeyance by All Plaintiffs. (Dysart, Christopher)
December 1, 2020 Filing 14 MEMORANDUM in Support re #13 MOTION to Remand to State Court filed by All Plaintiffs. (Dysart, Christopher)
December 1, 2020 Filing 13 MOTION to Remand to State Court by All Plaintiffs. Responses due by 1/7/2021 (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)
December 1, 2020 Filing 12 NOTICE of Appearance by Christopher W. Dysart on behalf of All Plaintiffs (Dysart, Christopher)
November 10, 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 Staci M. Yandle for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 20-cv-1159-SMY. (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 9, 2020 Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Ball, Dan)
November 9, 2020 Filing 9 Corporate Disclosure Statement by AbbVie Inc.. (Ball, Dan)
November 9, 2020 Filing 8 Corporate Disclosure Statement by Apollo Endosurgery US, Inc.. (Ball, Dan)
November 9, 2020 Filing 7 MOTION to Dismiss for Failure to State a Claim by AbbVie Inc.. Responses due by 12/14/2020 (Ball, Dan)
November 9, 2020 Filing 6 MOTION to Dismiss for Lack of Jurisdiction Or in the Alternative to Transfer Venue by Apollo Endosurgery US, Inc.. Responses due by 12/14/2020 (Ball, Dan)
November 3, 2020 Filing 5 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly 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-cv-1159-RJD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 11/24/2020 (tba)
November 2, 2020 Filing 4 NOTICE by AbbVie Inc., Apollo Endosurgery US, Inc. Notice to Plaintiff of Filing Notice of Removal (Ball, Dan)
November 2, 2020 Filing 3 NOTICE of Appearance by James P. Emanuel, Jr on behalf of AbbVie Inc., Apollo Endosurgery US, Inc. (Emanuel, James)
November 2, 2020 Filing 2 NOTICE of Appearance by Dan H. Ball on behalf of AbbVie Inc., Apollo Endosurgery US, Inc. (Ball, Dan)
November 2, 2020 Filing 1 NOTICE OF REMOVAL from Madison County, case number 2020-L-001397 ( Filing fee $ 400 receipt number 0754-4324116), filed by Apollo Endosurgery US, Inc., AbbVie 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 Endosurgery US, Inc.
Represented By: James P. Emanuel, Jr.
Represented By: Dan H. Ball
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Plaintiff: Michele Kipnis
Represented By: Christopher W. Dysart
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Plaintiff: Joseph Beardsley
Represented By: Christopher W. Dysart
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