Thornton v. Sanofi S.A. et al :
| Diane Thornton |
| Hospira Worldwide, LLC, Sanofi U.S. Services Inc., Sun Pharmaceutical Industries, Inc., Sanofi S.A., Aventis Pharma S.A., Sanofi-Aventis U.S. LLC separately, and doing business as Winthrop U.S., Hospira Worldwide, Inc., Sun Pharma Global, Inc., McKesson Corporation doing business as McKesson Packaging, Sandoz Inc., Accord Healthcare, Inc., Apotex Inc., Pfizer Inc., Actavis Pharma, Inc., Northstar RX, LLC, Eagle Pharmaceuticals, Inc., Sanofi-Aventis US, Inc., Sanofi-Aventis U.S. LLC, Hospira Inc, Sun Pharma Global FZE and Caraco Pharmaceutical Laboratories, Ltd. |
| 2:2023cv02512 |
| November 15, 2023 |
| US District Court for the District of Kansas |
| Gwynne E Birzer |
| Kathryn H Vratil |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
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| Filing 40 NOTICE of Rule 7.1 Disclosure Statement by Diane Thornton (Kinsman, Robert) |
Filing 39
ORDER OF CONSOLIDATION. Signed by Magistrate Judge Gwynne E. Birzer on 12/18/2023. (sz)
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| From the date of consolidation 12/18/2023, for discovery purposes, all future non-dispositive filings should be made in the lead case. (sz) |
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Filing 38
SCHEDULING ORDER: Jointly filed mediation notice to the magistrate judge by 2/23/2024. Mediation deadline 4/19/2024. Discovery deadline 7/31/2024. Proposed Pretrial Order due by 8/9/2024. Proposed Pretrial Order due by 8/9/2024. Final Pretrial Conference set for 8/16/2024 at 01:30 PM before Magistrate Judge Gwynne E. Birzer (location to be determined). Dispositive motion deadline 8/30/2024. Pursuant to Fed. R. Civ. P. 16(a), monthly in-person status conferences are tentatively scheduled for the following dates before District Judge Kathryn H. Vratil and Magistrate Judge Gwynne E. Birzer: 1/11/2024 at 03:30 PM in KC Room 659, 2/12/2024 at 01:00 PM, 3/12/2024 at 03:00 PM, 4/9/2024 at 03:00 PM, 5/9/2024 at 03:00 PM, 6/11/2024 at 01:00 PM, 7/9/2024 at 03:00 PM, 8/13/2024 at 01:00 PM, 9/11/2024 at 01:00 PM, 10/24/2024 at 01:00 PM and 11/12/2024 at 03:00 PM. The location for all but the first conference is to be determined. Jury Trial set for 12/2/2024 at 09:00 AM in KC Courtroom 440 (JWL/KHV) before District Judge Kathryn H. Vratil. The parties expect the jury trial of this case to take approximately 14 trial days. See order for additional deadlines. Signed by Magistrate Judge Gwynne E. Birzer on 12/13/2023. (mam)
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| Filing 37 RETURN Mail received re #20 Initial Order Regarding Planning and Scheduling,, addressed to Darin Schnaker and Christopher Elliot at 1899 Wynkoop Street, Suite 700, Denver, CO 80202. Not Remailed. (jal) |
| Filing 36 MINUTE ENTRY for proceedings held before District Judge Kathryn H. Vratil and Magistrate Judge Gwynne E. Birzer: STATUS CONFERENCE was held on 12/11/2023. See Order DE #35 filed 12/11/2023 for further information. (Court Reporter Kim Greiner.) (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh) |
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Filing 35
ORDER. The Court held a Status Conference in this matter. Plaintiff appeared through counsel Christopher Elliott and Patricia Campbell. Defendants appeared through counsel Harley Ratliff, Christopher Kaufman, and Mariham Yaft. After discussion, the following deadlines were set. Plaintiff shall provide a copy of the medical records authorization she signed in the MDL Court to chambers on 12/12/2023 no later than noon. Additionally, counsel is to confer no later than 12/13/2023 regarding an updated medical records authorization or agreed order for medical records. A formal Scheduling Order with additional deadlines will be entered. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 12/11/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kf)
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| Filing 34 ENTRY OF APPEARANCE by Harley Ratliff on behalf of Sanofi U.S. Services Inc., Sanofi-Aventis U.S. LLC (Ratliff, Harley) |
| Filing 33 NOTICE OF DOCKET TEXT MODIFICATION by Deputy Clerk regarding 32 : Incorrect parties inadvertently selected to be represented by PHV attorney Mariham Yaft. The docket text and docket has been corrected to the proper parties. (kas) |
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Filing 32
ORDER granting #30 Motion to Appear Pro Hac Vice of Mariham Yaft for Sanofi-Aventis U.S. LLC and for Sanofi U.S. Services Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 12/7/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf) Modified on 12/8/2023 to correct docket text per GEB Chambers (kas).
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| Filing 31 RESPONSE re #12 Order to Show Cause by Plaintiff Diane Thornton(Campbell, Patricia) |
| Filing 30 MOTION for attorney Mariham Yaft to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6221361.) by Defendants Sanofi U.S. Services Inc., Sanofi-Aventis U.S. LLC (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Affidavit of Mariham Yaft, #2 ECF Registration Form ECF Registration Form)(Kaufman, Christopher) |
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Filing 29
ORDER granting #27 Motion to Appear Pro Hac Vice of J. Christopher Elliott for Diane Thornton pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 12/6/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala)
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| Filing 28 ELECTRONIC FILING REGISTRATION FORM of J. Christopher Elliott re motion for leave to appear pro hac vice #27 by Plaintiff Diane Thornton(Campbell, Patricia) |
| Filing 27 MOTION for attorney J. Christopher Elliott to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6220102.) by Plaintiff Diane Thornton (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Affidavit in Support of Pro Hac Vice Motion)(Campbell, Patricia) |
| Filing 26 ENTRY OF APPEARANCE by Patricia Lynn Campbell on behalf of All Plaintiffs (Campbell, Patricia) |
| Filing 25 ENTRY OF APPEARANCE by Robert L. Kinsman on behalf of All Plaintiffs (Kinsman, Robert) |
| Filing 24 CERTIFIED MAIL RECEIPT returned re re-mailing of DE's #10 - 14 addressed to John Christopher Elliott. (ca) |
| Filing 23 CERTIFIED MAIL RECEIPT returned re re-mailing of DE's #10 - 14 addressed to Kyle Bachus. (ca) |
| Filing 22 RESPONSE re #12 Order to Show Cause by Defendants Sanofi-Aventis U.S. LLC, Sanofi U.S. Services Inc. (Attachments: #1 Ex. A - Hines (C.D. Cal) Order Re. Consolidation 8.21.23)(Kaufman, Christopher) Modified on 12/4/2023 to correct exhibit text (kas). |
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Filing 21
ORDER: Plaintiff directly filed her initial complaint in the MDL transferee court and did not specifically designate a place of trial in the District of Kansas. To the extent that the Clerk's Office assigned a case number which might suggest a particular place of trial, it was premature and without input from either the parties or the presiding judge. For ease of administration, pending further order of the Court, this case is therefore set for trial in Kansas City, Kansas. Signed by District Judge Kathryn H. Vratil on 12/1/2023. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.)(alh)
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Filing 20
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 12/11/2023 at 01:00 PM in KC Courtroom 643 before U.S. District Judge Kathryn H. Vratil, and U.S. Magistrate Judge, Gwynne E. Birzer. The parties will draft a Proposed Scheduling Order to be submitted by Plaintiff no later than 5:00 p.m on 12/4/2023. Rule 26 Initial Disclosures deadline set for 12/7/2023. Mailed to out of state counsel Darin Schanker and Christopher Elliott at 1899 Wynkoop Street, Suite 700, Denver, CO 80202, and to Kyle Bachus at Bachus & Schanker, LLC - 950 17th St. Ste. 1050, Denver, CO 80202. Signed by Magistrate Judge Gwynne E. Birzer on 11/30/2023. (ca)
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| Filing 19 RETURN Certified Mail received re 11 Order, #12 Order to Show Cause, 13 Order, Set Deadlines, 14 Notice of Telephone Conference, addressed to Darin Schanker, Kyle Bachus, and Christopher Elliott. Remailed at DE #18 . (ca) |
| Filing 18 RETURN MAIL received re 14 Notice of Telephone Conference addressed to Kyle Bachus. Documents #10 -14 re-mailed to Kyle Bachus at Bachus & Schanker, LLC - 950 17th St. Ste. 1050, Denver, CO 80202 by regular and certified mail (tracking #7022 0410 0003 3816 3846). (mam) |
| Filing 17 RETURN regular mail received: Re 14 Notice of Telephone Conference addressed to Christopher Elliott. Not remailed. (msb) |
| DOCKET ANNOTATION re #10 - 14 : Documents re-mailed to J. Christopher Elliott at Bachus & Schanker, LLC - 950 17th St. Ste. 1050, Denver, CO 80202 by regular and certified mail (tracking #7022 0410 0003 3816 3853). (mam) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT by Sanofi U.S. Services Inc., Sanofi-Aventis U.S. LLC identifying Sanofi S.A. as corporate parent. (Kaufman, Christopher) |
| Filing 15 ENTRY OF APPEARANCE by Christopher J. Kaufman on behalf of Sanofi U.S. Services Inc., Sanofi-Aventis U.S. LLC. (Kaufman, Christopher) |
| NOTICE OF DOCKET TEXT MODIFICATION by Deputy Clerk re 14: A Status Conference is set for 12/11/2023 at 01:00 PM in KC Courtroom 643 to be jointly presided over by District Judge Kathryn H. Vratil and Magistrate Judge Gwynne E. Birzer. (NOTE: This will be an in person hearing.) (mam) |
| NOTICE re Pro Se Mailing: Notice of Docket Text Modification (with the hearing location) sent by regular mail to out of state counsel Darin Schanker, Kyle Bachus and Christopher Elliott at 1899 Wynkoop St. Ste 700, Denver, CO 80202. (mam) |
| Filing 14 NOTICE OF STATUS CONFERENCE: A Status Conference is set for 12/11/2023 at 01:00 PM in KC Courtroom 643 to be jointly presided over by District Judge Kathryn H. Vratil and Magistrate Judge Gwynne E. Birzer. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Notice of this hearing has been mailed to out of state counsel Darin Schanker, Kyle Bachus, and Christopher Elliott at 1899 Wynkoop Street, Suite 700, Denver, CO 80202 by certified mail. Certified Tracking Number: 70200640000053732519. (kf) Modified on 11/16/2023, the hearing will be in person, not by phone. (mam) |
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Filing 13
ORDER. The parties shall confer and submit a proposed Scheduling Order to the undersigned Magistrate Judge's chambers at KSD_Birzer_Chambers@ksd.uscourts.gov by 5:00 p.m. on 12/4/2023 and be prepared to discuss a schedule at the Status Conference set for 12/11/2023 at 1:00 p.m. in KC Courtroom 643. Signed by Magistrate Judge Gwynne E. Birzer on 11/15/2023. Mailed to out of state counsel Darin Schanker, Kyle Bachus, and Christopher Elliott at 1899 Wynkoop Street, Suite 700, Denver, CO 80202 by certified mail; Certified Tracking Number: 70200640000053732519. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
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Filing 12
ORDER TO SHOW CAUSE. Plaintiff shall show cause in writing to the undersigned Magistrate Judge, on or before 12/4/2023 at 5:00 p.m. CST, why this case should not be consolidated with 23-1228 - Carolyn Booth v. Sanofi-Aventis U.S. LLC, et al., 23-1229 - Diane Cable v. Sanofi Aventis U.S. LLC and 23-4096 - Joy Cooper v. Sanofi U.S. Services, Inc., et al. for all pretrial proceedings pursuant to Fed. R. Civ. P. 42(a)(2) to promote judicial economy. Signed by Magistrate Judge Gwynne E. Birzer on 11/15/2023. Mailed to out of state counsel Darin Schanker, Kyle Bachus, Christopher Elliott, 1899 Wynkoop Street, Suite 700, Denver, CO 80202 by certified mail; Certified Tracking Number: 70200640000053732519. (kf)
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Filing 11
ORDER. Plaintiff's counsel shall enter an appearance in compliance with District of Kansas local rules no later than 11/27/2023 at 5:00 p.m. CST. If counsel is unable to enter an appearance by that deadline, Plaintiff shall file a notice indicating she is proceeding pro se and providing her name, address, telephone number, facsimile number, and email address as required by D. Kan. R. 5.1(b). Defense counsel is directed to provide a copy of this Order to Plaintiff's counsel who entered an appearance in the case in the transfer court, as well as to Plaintiff, if her contact information is known. IT IS SO ORDERED. Signed by Magistrate Judge Gwynne E. Birzer on 11/15/2023. Mailed to out of state counsel Darin Schanker, Kyle Bachus, Christopher Elliott, 1899 Wynkoop Street, Suite 700, Denver, CO 80202 by certified mail; Certified Tracking Number: 70200640000053732519. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (kf)
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| Filing 10 Letter from the clerk to counsel regarding case transfer and pro hac vice requirements. (heo) |
| Filing 9 CASE TRANSFERRED IN from District of Louisiana Eastern; Case Number 2:17-cv-00734. Electronic file certified copy of transfer order and docket sheet received. (heo) |
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Filing 8
TRANSFER ORDER - Case transferred to District of Kansas. Signed by Judge Jane Triche Milazzo on 10/23/2023. (MDL 2740, Doc. 16511) (sa) [Transferred from Louisiana Eastern on 11/15/2023.]
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| Filing 7 Joint Designation of Record for MDL Transfer by Sanofi US Services Inc., Sanofi-Aventis U.S. LLC. Joint Designation of General and Case-Specified MDL Records to Be Included Upon Remand (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(McRae, Christopher) [Transferred from Louisiana Eastern on 11/15/2023.] |
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Filing 6
ORDER REASSIGNING CASE. Case reassigned to Judge Jane Triche Milazzo. Chief Judge Kurt D. Engelhardt no longer assigned to case. Signed by Judge Sarah S. Vance.(ADI) [Transferred from Louisiana Eastern on 11/15/2023.]
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| Filing 5 AMENDED SHORT FORM COMPLAINT by Diane Thornton. (Bachus, Jere) Modified text on 6/16/2017 (tm). [Transferred from Louisiana Eastern on 11/15/2023.] |
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Filing 4
PRETRIAL ORDERS. Signed by Chief Judge Kurt D. Engelhardt.(ADI) [Transferred from Louisiana Eastern on 11/15/2023.]
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| Filing 3 Summons Issued as to Accord Healthcare, Inc., Actavis Pharma, Inc., Apotex Inc., Aventis Pharma S.A., Eagle Pharmaceuticals, Inc., Hospira Worldwide, Inc., McKesson Corporation, Northstar RX, LLC, Pfizer, Inc., Sandoz, Inc., Sanofi S.A., Sanofi-Aventis U.S. LLC, Sun Pharma Global, Inc.. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons)(tm) [Transferred from Louisiana Eastern on 11/15/2023.] |
| Filing 2 Initial Case Assignment to Chief Judge Kurt D. Engelhardt and Magistrate Judge Michael North. (djg) [Transferred from Louisiana Eastern on 11/15/2023.] |
| Filing 1 COMPLAINT with jury demand against All Defendants (Filing fee $ 400 receipt number 053L-5939237) filed by Diane Thornton. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons)Attorney John Christopher Elliott added to party Diane Thornton(pty:pla).(Elliott, John) [Transferred from Louisiana Eastern on 11/15/2023.] |
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