Halcomb et al v. Eli Lilly & Company
| William Halcomb and Linda Halcomb |
| Eli Lilly & Company |
| 2:2012cv00097 |
| April 17, 2012 |
| US District Court for the Eastern District of Kentucky |
| Covington Office |
| XX US, Outside State |
| Danny C Reeves |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 25, 2012. A more recent docket listing may be available from PACER.
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Filing 62
MINUTE ENTRY ORDER FOR STATUS CONFERENCE held on 9/24/2012 before Judge Danny C. Reeves; 1)Pla, Melissa Robles (Case 2:12-45-DCR) is given until 10/1/2012, to obtain counsel or show cause why this matter should not be dismissed for failure to file discovery responses. Failure to respond by this date shall result in dismissal; 2)Pla, Pamela Scott (Case No. 2-12-171-DCR) shall submit product identification discovery responses by 10/9/2012, or case will be dismissed by the Court; 3)Parties are to confer on or before 10/4/2012 regarding the cases in which Pla Fact Sheets have not been provided; 4)Pla, Gary Zickefoose's oral motion to withdraw First Amended Complaint in Case No. 2-11-347-DCR is granted. Pla's First Amended Complaint is withdrawn from the record. Pla to have to 10/4/2012 to file a Second Amended Complaint in compliance w/the Court's previous Orders; 5)Parties are given an extension of time until 10/4/2012, to further confer regarding all terms of the proposed Document Production Protocol and Cost of Production Order. In the event the parties are unable to agree regarding all terms, they shall submit proposed draft orders to the Court by that date which shall include their areas of agreement and disagreement; 6)Further status conference dates w/be set by subsequent Orders based, in part, on the parties' suggestions. (Court Reporter JOAN AVERDICK.) Associated Cases: 2:11-md-02226-DCR et al. Signed by Danny C. Reeves. (LST)cc: COR
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Filing 61
HEARING AGENDA: In accordance with Case Management and Scheduling Order No. 1, the parties are notified of the following items to be discussed and/or addressed during the Status Conference currently scheduled for September 24, 2012, at 1:30 PM. (See Order for Items I-IV). In the event counsel have not discussed the items outlined above, they are directed to confer in advance of the upcoming Scheduling Conference in a good faith effort to reach agreement to the extent that such is feasible. Signed by Judge Danny C. Reeves on 9/18/2012.Associated Cases: 2:11-md-02226-DCR et al.(STB)cc: COR
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Filing 60
ORDER RE: APPOINTMENT OF PLAINTIFFS' LIAISON COUNSEL: The plaintiffs have submitted a request for the appointment of new Liaison Counsel due to the untimely death of Harry Rankin. Being sufficiently advised, it is hereby ORDERED as follows: (1) Terms of Appointment The person who accepts the appointment to serve as Plaintiffs' Liaison Counsel agrees to serve for the duration of the litigation or until such time as the Court determines that a change in the duration of service shall be made. (2) Plaintiffs' Liaison Counsel The Court appoints the following attorney as Plaintiffs' Liaison Counsel: Michele S. Burkholder. Signed by Judge Danny C. Reeves on 9/5/2012.Associated Cases: 2:11-md-02226-DCR et al.(CBD)cc: COR, Clerk JPMDL VACATED by [MDL 2885]: The portions of those Orders with respect to Plaintiffs leadership structure are hereby VACATED. Effective immediately, Plaintiffs appointed counsel are relieved of the leadership responsibilities and obligations described in those Orders. Except as stated in Part 6 below, all other portions of those Orders remain in effect. Modified text on 11/6/2013 (CBD).
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Filing 59
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 8/20/2012 before Judge Danny C. Reeves; 1)Parties are to advise the Court by close of business August 27, 2012 on the status of Item No. 3 - Document Production Protocol (Court Reporter JOAN AVERDICK.) Associated Cases: 2:11-md-02226-DCR et al. Signed by Danny C. Reeves. (LST)cc: COR
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Filing 58
ORDER; 1)The Status Conference previously scheduled for 8/20/2012, at Covington, Kentucky is SET ASIDE and instead, shall be scheduled before the undersigned for a TELEPHONIC STATUS CONFERENCE on 8/20/2012 at 01:30 PM; 2)The telephone conference may be accessed by calling AT&T Teleconferencing at 1-877-336-1839, entering the access code 6563764 (followed by #); and when requested, entering the security code 7731 (followed by #); 3)The Clerk is directed to provide a court report to record the proceeding; 4)Parties to be prepared to discuss the items set out in the 2088 Hearing Agenda and the Court's 2089 Order regarding the Plaintiff's fact sheet.. Signed by Judge Danny C. Reeves on 8/16/2012.Associated Cases: 2:11-md-02226-DCR et al.(LST)cc: COR
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Filing 57
ORDER: 1. The proposed Plaintiff's Fact Sheet, copy attached hereto, is ADOPTED by the Court. 2. The plaintiff's responses to plaintiff's Fact Sheet shall be due on or before September 10, 2012. However, in light of the Court's tardiness in adopting the fact sheet, plaintiffs may, upon showing of good cause, seek an extension of deadline. This matter shall be addressed during August 20, 2012, Status Conference. Signed by Judge Danny C. Reeves on 8/14/2012. (Attachments: #1 PLAINTIFF'S FACT SHEET)Associated Cases: 2:11-md-02226-DCR et al.(STB)cc: COR
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Filing 56
HEARING AGENDA: In accordance with Case Management and Scheduling Order No. 1, the parties are notified of the following items to be discussed and/or addressed during the Status Conference currently scheduled for August 20, 2012, at 1:30 PM. (See Order for Items I-III). In the event counsel have not discussed the items outlined above, they are directed to confer in advance of the upcoming Scheduling Conference in a good faith effort to reach agreement to the extent that such is feasible. Signed by Judge Danny C. Reeves on 8/14/2012.Associated Cases: 2:11-md-02226-DCR et al.(STB)cc: COR
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Filing 55
ORDER: The term Generic Defendants, as referenced in the Court's Orders of April 10, 2012 (1973 in 2:11-md-02226-DCR) Order, and June 22, 2012 (1645 in 2:11-md-02226-DCR) Order to Show Cause, shall include Cornerstone Pharmaceuticals, Inc. Signed by Judge Danny C. Reeves on 8/8/2012.Associated Cases: 2:11-md-02226-DCR et al.(STB)cc: COR
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Filing 54
ORDER: the Status Conference previously scheduled for Monday, July 23, 2012, at the United States Courthouse in Covington, Kentucky is SET ASIDE. Signed by Judge Danny C. Reeves on 7/18/2012.Associated Cases: 2:11-md-02226-DCR et al.(CBD)cc: COR, Cov Diary
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Filing 53
MEMORANDUM OPINION AND ORDER; (1) The plaintiffs Motion to Remand [MDL Record No. 1697, 37 in case 2-12-cv-97] is GRANTED. (2) This action is REMANDED to the Indiana Superior Court in Marion County, Indiana and STRICKEN from this Courts docket. Signed by Judge Danny C. Reeves on 7/17/2012. Associated Cases: 2:11-md-02226-DCR, 2:12-cv-00097-DCR(LST)cc: COR, JPMDL, Indiana Superior Court w/Certified Copies of docket sheet and order via U.S. Mail, INSO w/certified copies of docket sheet and order via Email
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Clerk's Note re (2012 in 2:11-md-02226-DCR): Counsel's office confimed by phone this date that the MOTION to Remand to State Court MDL 2012 contained an error in the caption. The caption should have stated Posey, et al v. McKesson Corporation 2:12-cv-135 and that the pleading was spread in error to all other member cases. Clerk has terminated the incorrectly filed motion in all cases except 2:11-md-2226 and 2:12-cv-135. Counsel's office was further advised on use of the "spread text" feature for filing future pleadings in this MDL. Associated Cases: 2:11-md-02226-DCR et al.(CBD)
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Filing 52
INCORRECTLY FILED - MOTION to Remand to State Court by Tenessia Posey Megan Stinson, Barbara J. Olson, Mary A. Alsop, Clifford August, Charlie Bell, Wrildia A. Blackburn, Dorothy Bonds, Terrence Brown, Delores Christopher, Dorothy A. Cowan, Christine W. Graham, Mary L. Gremillion, Martha R. Grooms, Margaret R. Harmon, Kay F. Jones, Anthony B. Kenner, Suzanne Manuel, John H. Moore, Paul M. Nelson, Carilee Pemberton, Kenneth J. Stambaugh, Sheila G. Sullivan, Casa Thomas (Attachments: #1 Memorandum in Support, #2 Exhibit 1 Norris v. Astrazeneca Pharmaceuticals, #3 Exhibit 2 Mendez v. Astrazeneca Pharmaceuticals, #4 Proposed Order)Associated Cases: 2:11-md-02226-DCR et al.(Rockstad, Trevor) Modified TEXT on 7/16/2012 (CBD).
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Filing 51
NOTICE OF CHANGE IN FIRM NAME FOR ATTORNEY, RICHARD W. SCHULTE by Jim W. Aaron, Jr, Ericka Adams, Jimmie D. Adams, Rodney Adams, Teena Adams, Alice Aday, Martin Aday, Donna Adegbayi, Nicolae Aga, Lola Ainsworth, Marcella Alder, Needa Alexander, Russell Alexander, Thomas D. Alexander, Gleneda Alford, Aundra Alfred, Jean Alix, Philip Alix, Scott Almon, Larry Altstatt, Hester I. Anderson, Mary Ann Anderson, William Anderson, Lue F. Angell, Marty Armstrong, Geraldine Ashley, Mitchell Ashley, Dorothy Atkinson, Peggy Atwell, Paul Atwood, Sue Aubert, Vincent Aubert, Bennie Austin, Joyce Auston, Denise Ayling, Steven Ayling, Sr, Mary Lou Babbington, Donald Babin, Jeanette Babin, Gloria Babineaux, L. Jolene Baker, Heidi Balben, Everett Ballard, Rita Ballesteros, Diane Bane, Tyra Barabino, Ann Barker, William Barker, Margaret Barnes, Linda Barrios, Ronald Barrios, Mary Bearden, Minnie Beasley, Michael Becnel, John Bector, Jr, Dennis Bell, Joy Marie Bell, Laurel Bell, Roy Bell, Charles Bennett, William Bennett, Paul Berry, Ellen Bickham, John Bickham, Elester Bingham, Brenden Gage Black, Jennell Black, Rhonda S. Blackwell, Sydney S. Blackwell, Clara Blanton, Jimmy D. Blanton, Betty Boggess, Mary Bookout, Andreas Borer, Connie Boudreaux, Denise Boudreaux, Jerry Boudreaux, Kordia Bowman, George Boyd, William G. Boyd, III, Julia Bozman, Patricia Braley, Dian C. Breault, Rebecca Brinson, Kenneth Brookins, Michael Brooks, Lance Broussard, Sr, Aaron Brown, Donald Brown, Joanne Brown, Joyce Brown, Linda Brown, Nettie Brown, Tishie Brown, Troy Brown, Faye Brumfield, Jeremiah Brumfield, Feride Buch, Jody Buckley, Frances Burch, Tracey L. Burgess, Albert Burke, Harold Burney, Oleta Burney, Marilyn Burnson, Phillip Burnson, Gladys Butler, Shirley Cain, Clara Calamia, Martha Cannella, Freda Capers, Lorenzo Carreras, Barbara Carter, Elaine Carter, Charles Case, Shirley Case, Matthew Celestin, Debra Chaisson, Karen Chambers, Kent Chapman, Kent Charles, Yolanda Charles, Randy Chavez, Carolyn Christophe, Rebecca Churchman, Vincent Cinquigranno, Frederick Claiborne, Jeanette Clarke, Avensky Clayborn, Earnestine Clifton, Valerie Coats, Joseph Cochran, Norma S Cochran, Lillian I. Coker, Gail Coleman, Bertha Coley, Kevin Collins, Wayne Collins, Laurabelle Combre, Paul Ray Combs, Walter D. Coney, Walter D. Coney, James Cook, Janice Cook, Randy Cool, Helen S. Cooper, Virginia Cormier, John Corso, Patricia Corso, Louis Cossentino, Whitney V. Council, Kelly Craddock-Boone, Katherine Craig, Loretta Criss, Clara Cross, Donald Crowell, Tara Cryer, Connie Culbreath, Gus E. Culbreath, III, Karen Curtis, Russell Curtis, George Curvin, Rita Curvin, Marie Cutrer, Sam Cutrer, Charles Daggs, Jr, Tommie Dahlgreen, Marina Damis, Margaret Daniels, Melvin Daniels, James Danos, Tena Danos, Doris Daugherty, James Daugherty, Iva Davis, Johnny Davis, Lou Davis, Sheila Dawson, Brandon DePascal, Hilda DePascal, Geneva DeVine, James H. DeVine, Jewel K. Dear, Marjorie Lund Del Favero, Gladys Delaune, Kenneth Delavergnie, Jr, Carol Depew, Alice Derry, Rosemary Derryberry, Juanita Derwinis, Diane Dickerson, Diane Dickerson, Tim Dickerson, Freddie Dixson, Marlene Dixson, Angela Dorsey, David Doty, Herman Douglas, Doris Dowdy, Melissa Doyle, Andrew Dries, Mary Dries, James Dubose, Debra Duhe, Michael Duhe, Peggy Duhe, Jan Duke, Raymond Duke, Hattie Dunaway, Debra Duncan, Lambert Duncan, Sr, Janet Dunn, Rita Dunn, Roberta Dunn, Roberta Dunn, Linda Dupre, Olin Dyes, Patricia Dyes, William E. Dykes, Jr, Cynthia Dyson, Janet Edmonds, Jackie Edwards, Mary Edwards, Theresa Eldredge, Richard Elliott, James J. Ellis, Jan Ellis, Joycelyn Ernest, Kristine Esposito, Dennis Evans, Joann Evans, Patricia Faircloth, Anthony Faucetta, Sr, Colonel Fazzio, Shannon Felts, Dollene Felty, Kenneth Felty, Mary K. Fisher, Louann Fisher-Smith, Emma Fitch, Curmer Foreman, Spencer G. Forrest, Cindy Fowler, Jasper Frabbiele, Joan Frabbiele, Rosie Franks, Elizabeth Frederick, Lois Gail Frederick, Diana Freeland, Delores Freeman, Hester Freeman, Lori Freitas, Terry Freitas, Arthur Fuller, Esther Fuller, Rita Fuller, Linda Gallagher, Kevin Galloway, Sarah Galloway, Truman Galloway, Patrick Garrett, Pamela George, Jackson Germain, Yanise Germain, Constance Gianoli, Jerry Gibson, Katherine Gibson, Rex Gibson, Norma Sue Gibson Lanning, John Gilbert, Tammy Gilbert, Tammy Gilbert, Leah Glass, Thomas Goforth, Martha Golman, Michael Goodman, Joyce Gore, Deloris Gray, Gerry Grayer, Patricia Grayer, Carla Jo Green, Donald Green, Virginia Greer, Beverly Griffin, Jacqueline Griffith, Randall Guess, Hazel Hack, Ethel V. Hadley, Linda Halcomb, William Halcomb, Billy Hall, Claudia Hall, Cynthia Hall, Jerry Hallaway, Kay Hallaway, Jimmie Hannah, Anna Hardy, Jan Harper, Rodney Harper, William Harper, Dewitt Harris, Joseph Harris, Jr, Michelle Harris, Stacy Harris, Theresa Harvey, Teresa Hash, Gary Hatfield, Cindy Hawthorne, Forest Hawthorne, Joseph N. Hayes, Charles Hearn, Marry A. Hect, Marry A. Hect, Alex Henry, Ethel Henry, Genell Hernandez, William Hernandez, Jr, Blanch Hershberger, Charles T. Hibbard, Darlene Hibler, Thomas Hicks, Von Higgins, Lois High, Gladys Hines, Sarah Hinson, Joseph Holden, Cathey Holland, Joe Holland, Alfonzia Hollins, III, James Holloway, Lillie Mae Holloway, Roger Wayne Holloway, Melissa Homer, Wendell Homer, Anthony Hoofkin, Joseph Hooks, Jane Hoover, Jesse Hoover, III, Virgie Hopper, Billy Hoskins, Andrew Houlihan, Jr, Amy Houston, Gilbert Howard, Teresa Howard, Holsy Hubbard, III, Kathleen Hubbard, Trina Hubbard, Daniel Hudson, Susan Hudson, Tiffany Hughes, Judy Humphrey, Elizabeth Hunsucker, Gerald E. Hunter El, Gay G. Hurst, Jerry Hurst, Jack Hutchinson, Cloedale Hymel, Joseph Hymel, Jr, Aaron Ingram, Angie Ingram, J.L.L.F., Jackie Jackson, Patricia Jackson, Pearl Jackson, Donald Jacob, Cathy James-Collins, Yvonne Jefferson, James Jenkins, John Jenkins, Eugene Johnson, Irene Johnson, Leonard Johnson, Jr, Matthew Johnson, Peggy Johnson, Tracy Johnson, Virgie Joiner, Clifford Jones, Debby Jones, Gail Jones, Jannifer Jones, Robert Jones, Rodney Jones, Stephanie Jones, Veronica Jones, Teresa Jones-Bell, Marshall Juergens, Allison Juge, Larry Kastner, Rita Kastner, George Keene, Mary Keene, Mary Ann Kellehar, Mary Ann Kellehar, Leonard Fred Kendrick, Ray Kendrick, Hmaid Khalil, Roxanne Khalil, Deborah E. Kinter, Deborah E. Kinter, William Kitchens, Paulette Knight, Ronald K. Knight, Gilbert Knoblock, L.B.F.R., Joseph F. Labit, Billy Lambert, Frances Lane, Edith Langlois, Barbara Larrimore, Catherine LeBoeuf, Patsy L. Lebrun, Maureen Ledet, Belinda Lee, Cleotis Lee, Mark Lee, Sr, Etta Lejeune, Chrisa Leonard, Lester Leonard, Deborah Leslie, Amelia Lewis, Brenda Lewis-Crossno, Dora Lighty, Ramona Lindley, Paulette Linville, Bessie Littleton, Judas Littleton, Charles Loftin, Betty Lofton, Mark Lopez, Mary Lopez, Cora Louque, Ridgie Louque, Adrian Love, John Lowe, Shelly Lowe, Adeline Loyd, Ellis Loyd, Mary E. Loyd, Ronald Lucas, II, Bruce Luquette, Linda Luquette, David Lynch, Robbie Maas, Sr, Bonnie MacDonald, Debra Magee, David Mahorney, Lena Mahorney, Arthur Major, Louis Malbrough, Marlene Mancuso, Geraldine Marcotte, Wilfred Marcotte, James Marler, Keith Marsalis, Mary Marsh, Nora L. Marston, Walter Martin, Joyce Martinez, Louis Martinez, Jr, Jay Mason, Kenneth Mason, Sharon Mason, Armand Mataya, Sr, Renee Mataya, Linda Mathieu, Paula K. Matney, Courtney Matthews, Allise McAlpine, Carolyn McCall, Feacher McCarthy, Olga McClanahan, Roger McClanahan, Bobby McCoy, Calvin McCoy, Clinden McCoy, Eddie McCoy, Edna McCoy, Leroy McCoy, Luke McCoy, Mary McCoy, Venessa McCoy, Vonceal McCoy, Eva McCrary, Rebecca McCrary, Sigrid McDaniel, Brenda McGee, Castadera McGee, Susan McMullen, James McNay, Dallas McPhail, Jeanann McPhail, Mary Turnage McPhail, Imogene Mealer, Jenet Meeks, Effie Melancon, Dorothy Mendel, Mary A. Mendoza, Anthony Miller, Clara Miller, Jay Miller, Jessie Miller, Linda Miller, Marcia Miller, Ramona Miller, Ronald T. Miller, Arthur Millet, Jeffie Mills, Deidra Minor, Donna Mitchell, Thomas Mitchell, William D Mitchell, Sherry Mobley, Eva Moffett, William Montgomery, Mary Morales, Russell Morales, Guy Moraski, Paul Morefield, Rose E. Morefield, Edith Morehead, Steve Morehead, Andrea Morel, James E. Morel, Rafael Moreno, Michael Mosley, Maxine Moten, Edward Murray, Olga Murray, Cynthia Myles, Lila Neal, Johnnie Nelson, Rebecca Nevels, Ethel Newberry, Helen Nicholson, Steven Nicholson, Donna Niebuhr, Mark Niebuhr, Bobbie A. Noel, Melvin Nolan, Jr, Christina Norman, Edward W. Norris, Marlene Norris, Lisa O'Banion, William O'Banion, Eddie Odom, Archange A.J. Olivier, Jr, Christine Olivier, Peggy Oniate, Pamela Janet Ooten, Rose Orfanello, Bonnie Orgeron, David Orgeron, Avis Ortego, Bobbie Osborn, Melvina Otillio, Martha Overbay, Vivian Albert Overbay, Sandy Oxendine, Jewell Pagliarini, Joanne Paige, Bernard Parker, Carnus Parker, Jr, Julian Parker, Rhonda Parker, Angela Parson, Bernadette Patin, Charlotte Patterson, Phillip Patterson, Raymond Payne, Morsie Pearson-Wright, Audrey Percy, Willis Percy, Christine Perkins, Lettie Perkins, Mytrice Perry, Patricia Pester, Cynthia Petrie, Donald Petrie, Narvin Petty, Jr, Wanda Picket, Bobbie Sue Pierce, Ann Piquiet, Anthony Pitts, Delores Plunkett, Martha Poole, Farahnaz Poozeshi, Tenessia Posey, Pinnie Pounds, Linda Powell, Larry Prestenbach, Jacqueline Price, Louis Price, Sr, Mary Price, Mary Price-Thomas, Beverly Provis, Chris Puckett, Donna Quesinberry, Charles Quey, Linda Quey, Stephen Quick, Kim Ragan, Louis Ray, Octavia Raymond, Leonard Redmond, Barbara Reed, Jeannie Reed, Kacie Reynolds, Patricia Rice, Wendell Rice, Judy Ann Richard, Patsy Richard, Carl A Riggins, Sr, Donna Robert, Eldred B. Robert, Sr, Keith Robert, Daniel Roberts, Young A. Roberts, Jr, Clarence Robertson, Melissa Robles, Billy Rodrigue, Marlene Rodrigue, Beverly Rodriguez, Deborah M. Rogers, William Romair, Donna Romero, Kay Romero, Kathryn Roussell, Joseph Roy, Lena Ruby, Doris Salamone, Vincent Salamone, Mary Salard, Dianne Salvant, Jimmie Louise Sandel, Mary Sapia, Michael Sapia, Willard Sapp, Shirley Sasani, Calvin Satterwhite, Diane Saucier, Janette Savoie, Jill Sawyer, April Schexnaydre, Robe
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Filing 50
INCORRECTLY FILED MOTION to Dismiss for failure to state a claim by McKesson Corporation (Attachments: #1 Memorandum in Support, #2 Proposed Order)Associated Cases: 2:11-md-02226-DCR et al.(Rosati, Pavan) Modified on 6/25/2012 (STB). SEE DE 1975 FOR CORRECT ENTRY
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Filing 49
ORDER: the Status Conference previously scheduled for Monday, June 18, 2012, at the United States Courthouse in Covington, Kentucky is SET ASIDE. The parties may submit written status reports to the Court if they so desire. Signed by Judge Danny C. Reeves on 6/12/2012.Associated Cases: 2:11-md-02226-DCR et al.(CBD)cc: COR, Cov Diary
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Set Hearings: STATUS CONFERENCE set for 7/23/2012 at 01:30 PM in COVINGTON before Judge Danny C. Reeves. Associated Cases: 2:11-md-02226-DCR et al.(CBD)
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Filing 48
VIRTUAL ORDER: granting (1908 in 2:11-md-02226-DCR, et al) MOTION to Withdraw for Withdrawal of Counsel by Watson Pharmaceuticals, Inc., Watson Pharmaceuticals (New Jersey), Inc. Attorney P. Edward Pratt is relieved of further responsibility in these cases. The Clerk of the Court and counsel may remove his name from electronic service notices. Signed by Judge Danny C. Reeves on 6/4/2012.Associated Cases: 2:11-md-02226-DCR et al.(CBD)cc: COR
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Set Hearing per MDL 178: STATUS CONFERENCE set for 6/18/2012 at 01:30 PM in COVINGTON before Judge Danny C. Reeves. Associated Cases: 2:11-md-02226-DCR et al.(CBD)
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Filing 47
PROCEDURES GOVERNING DISCOVERY (See Order for items I-VI). Signed by Judge Danny C. Reeves on 5/25/2012.Associated Cases: 2:11-md-02226-DCR et al.(CBD)cc: COR
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Filing 46
ORDER: Attorney Tina Zahabi-Robbins is given 10 days to either submit Electronic Filing Attorney Registration form or SHOW CAUSE why she should not be subject to daily, monetary penalties until such time as appropriate registration has been accomplished. Signed by Judge Danny C. Reeves on 5/22/2012.Associated Cases: 2:11-md-02226-DCR, 2:12-cv-00097-DCR(STB)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Reeves for review: re (1697 in 2:11-md-02226-DCR, 37 in 2:12-cv-00097-DCR) FIRST MOTION to Remand by Linda Halcomb, William Halcomb Associated Cases: 2:11-md-02226-DCR, 2:12-cv-00097-DCR(CBD)
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Filing 45
REPLY to Response to Motion re (1697 in 2:11-md-02226-DCR, 37 in 2:12-cv- 00097-DCR) FIRST MOTION to Remand by Linda Halcomb, William Halcomb filed by Linda Halcomb, William Halcomb. Filed per QC re DE 44 in Member Case 2:12-cv-97 Associated Cases: 2:11-md-02226-DCR, 2:12-cv-00097-DCR(CBD)
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NOTICE OF DOCKET MODIFICATION TO M. Gallagher re Reply to Response to Motion (44 in 2:12-cv-00097-DCR) ; Error: Attorney only filed the document in the individual member case file. Pursuant to the Court's Practice & Procedure Order [MDL 4] attorney should have filed the document in the Master Case and spread text to each related individual Member Case; Entry by Attorney; Correction: Clerk has refiled the document in the Master File and Member Case File for purposes of appearing on the motion report. No further action required by counsel as to this error. Counsel is advised to contact the ECF Help Desk at 1- 866-485-6349 when assistance is needed in filing in these related cases. cc: COR Associated Cases: 2:11-md-02226-DCR, 2:12-cv-00097-DCR(CBD)
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Filing 44
INCORRECTLY FILED - REPLY to Response to Motion re #37 FIRST MOTION to Remand by Linda Halcomb, William Halcomb filed by Linda Halcomb, William Halcomb. (Gallagher, Michael) Modified text on 5/16/2012 (CBD). See DE #45 for CORRECTED entry of this pleading.
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Filing 43
RESPONSE in Opposition re (1697 in 2:11-md-02226-DCR, 37 in 2:12-cv-00097-DCR) FIRST MOTION to Remand by Linda Halcomb, William Halcomb filed by Eli Lilly & Company. (Attachments: #1 Exhibit Alias Summons)Associated Cases: 2:11-md-02226-DCR, 2:12-cv-00097-DCR(Metzger, Kimberly)
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Filing 42
ORDER: the Status Conference previously scheduled for Monday, May 21, 2012, at the United States Courthouse in Covington, Kentucky is SET ASIDE. Signed by Judge Danny C. Reeves on 5/8/2012.Associated Cases: 2:11-md-02226-DCR et al.(CBD)cc: COR, Cov Diary
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Filing 41
AGREED ORDER REGARDING ELI LILLY AND COMPANY'S DISPOSITIVE MOTIONS IN CASES IN WHICH PLAINTIFFS HAVE NOT AMENDED THEIR PLEADINGS: Ordered CASES CURRENTLY PENDING IN THE MDL 1. Any Plaintiff with a case pending in MDL 2226 who has not already filed or been denied leave to file an Amended Complaint, may file an Amended Complaint within twenty-one (21) calendar days of this Order. A Plaintiff who has already filed an Amended Complaint, or who has been denied leave to file an Amended Complaint, must request and obtain leave of Court before filing an amended or subsequent complaint. A Plaintiff whose action against Lilly has been dismissed with prejudice may not file an Amended Complaint against Lilly. 2. Nothing in Paragraph 1 is intended to, or shall, toll, revive, alter, amend or otherwise affect any statute of limitations or repose, or any other time-bar, regarding a cause of action. 3. Upon the filing of an Amended Complaint, or upon expiration of the time for filing Amended Complaints, Lilly may request that its Second Master Motion for Judgment on the Pleadings [MDL Record No. 1537], or its Motion for Judgment on the Pleadings for Maryland Cases [MDL Record No. 1536], if previously withdrawn and denied without prejudice as to that Plaintiff, be revived without re-filing. Unless otherwise ordered by the Court, Plaintiff's response will be due within seven (7) days of the motion being revived as to Plaintiff. 4. Upon the filing of an Amended Complaint pursuant to Paragraph 1 of this Order, or upon expiration of the time for filing an Amended Complaint, and if the Plaintiff in the Amended Complaint is from a State that has been the subject of a previous Order to Dismiss claims against Lilly, Lilly may request that the Court issue an order directing Plaintiff(s) to show cause why the Order on Lillys First Master Motion ("Lilly's Motion") [MDL Record No. 1402] should not apply to the newly-filed Amended Complaint, or if no Amended Complaint was filed to the original complaint. If the plaintiff is from a State that has not been subject to a prior Order for Dismissal of claims against Lilly, Lilly must affirmatively file a Motion to Dismiss or a Motion for Judgment on the Pleadings. 5. In responding to a dispositive motion by Lilly or Order to Show Cause pertaining to Lilly, it is not necessary for Plaintiffs subject to this Order to submit papers addressing the arguments raised in Plaintiffs' oppositions to the motions to dismiss and motions for judgment on the pleadings of Eli Lilly and Company [MDL Record Nos. 635, 1692, 1696] and of Xanodyne Pharmaceuticals, Inc. [MDL Record Nos. 908, 909, 914, 1553, 1707], or to address any arguments raised in any future consolidated oppositions that Plaintiffs may file in response to motion to dismiss or motions for judgment on the pleadings by Lilly. Those memoranda shall be deemed to be incorporated by reference for all Plaintiffs subject to this Order. 6. If, upon receiving a response to a show-cause order issued pursuant to Paragraph 4 of this Order, the Court requires a response from Lilly, the Court will so direct by separate order. 7. Nothing in this Order shall prevent Lilly from answering or otherwise responding to a complaint or amended complaint as contemplated by the Federal Rules of Civil Procedure. FUTURE CASES TRANSFERRED TO MDL 2226 8. Within twenty-one (21) calendar days of a new complaint being opened in the MDL or upon leave of Court, the Plaintiff(s) may file an Amended Complaint. 9. Nothing in Paragraph 8 is intended to, or shall, toll, revive, alter, amend, or otherwise affect any statute of limitations or repose, or any other time-bar, regarding a cause of action. 10. Upon the filing of an Amended Complaint, or upon the passing of twenty-one (21) calendar days of a new complaint being opened in the MDL, and if the Plaintiff is from a State that has been the subject of a previous Order to Dismiss claims against Lilly, Lilly may request that the Court issue an order directing Plaintiff(s) to show cause why the Order on Lilly's Motion [MDL Record No. 1402] should not apply to the newly-filed Amended Complaint, or, if no Amended Complaint is filed, to the original complaint. If a Plaintiff is from a State that has not been subject to a prior Order for Dismissal of claims against Lilly, Lilly must affirmatively file a Motion to Dismiss or a Motion for Judgment on the Pleadings. 11. In responding to a dispositive motion by Lilly or Order to Show Cause pertaining to Lilly, it is not necessary for Plaintiffs subject to this Order to submit papers addressing the arguments raised in Plaintiffs' oppositions to the motions to dismiss and motions for judgment on the pleadings of Eli Lilly and Company [MDL Record Nos. 635, 1692, 1696] and of Xanodyne Pharmaceuticals, Inc. [MDL Record Nos. 908, 909, 914, 1553, 1707], or to address any arguments raised in any future consolidated oppositions that Plaintiffs may file in response to motion to dismiss or motions for judgment on the pleadings of Lilly. Those memoranda shall be deemed to be incorporated by reference for all Plaintiffs subject to this Order. 12. If, upon receiving a response to a show-cause order issued pursuant to Paragraph 10 of this Order, the Court requires a response from Lilly, the Court will so direct by separate order. 13. Nothing in this Order shall prevent Lilly from answering or otherwise responding to a complaint or amended complaint as contemplated by the Federal Rules of Civil Procedure. Signed by Judge Danny C. Reeves on 5/4/2012.Associated Cases: 2:11-md-02226-DCR et al.(CBD)cc: COR
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Filing 40
MINUTE ENTRY ORDER FOR STATUS CONFERENCE held on 4/23/2012, before Judge Danny C. Reeves: 1) Within fourteen (14) calendar days from the date of this Status Conference, the parties shall submit a proposed discovery plan. 2) Within ten (10) calendar days from the date of this Status Conference, the parties shall submit a proposed agreed order establishing a procedure to address motions to dismiss or motions for judgment on the pleadings by Eli Lilly and Company in cases in which the plaintiffs have not yet amended their complaints. 3) Within ten (10) calendar days from the date of this Status Conference, the defendants shall file a notice that lists those cases in which plaintiffs have filed amended complaints without leave to amend. Within ten (10) calendar days thereafter, each plaintiff so identified shall respond by showing cause why the amended complaint should not be stricken or by filing a motion for leave to amend. 4) Plaintiffs' Motion to Remand for Lack of Subject Matter Jurisdiction in Case No. 2:12-cv-50-DCR is taken under advisement. 5) Subject to intervening orders, the next Status Conference shall be held on May 21, 2012, at 1:30 p.m. at the United States Courthouse in Covington, Kentucky. Signed by Judge Danny C. Reeves on Danny C. Reeves.(Court Reporter Joan Averdick.) Associated Cases: 2:11-md-02226-DCR et al. (CBD)cc: COR
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Filing 39
ORDER: paragraph 6 of the Court's Order Directing Plaintiffs to Show Cause Why Claims as to Generic Defendants Should Not Be Dismissed [Record No. 1645] is AMENDED to read as follows: 6. This Order shall not apply to cases with pending Motions for Remand, or to cases that have been removed from state court, until all Motions for Remand in those cases are resolved. However, the defendants need not move, answer, or otherwise respond to Complaints or Amended Complaints in such cases until further Order of the Court. Signed by Judge Danny C. Reeves on 4/24/2012.Associated Cases: 2:11-md-02226-DCR et al.(CBD)cc: COR
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Filing 38
MEMORANDUM in Support of Motion re (1697 in 2:11-md-02226-DCR, 37 in 2:12-cv-00097-DCR) FIRST MOTION to Remand by Linda Halcomb, William Halcomb filed by Linda Halcomb, William Halcomb. Associated Cases: 2:11-md-02226-DCR, 2:12-cv-00097-DCR(Gallagher, Michael)
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Filing 37
FIRST MOTION to Remand by Linda Halcomb, William Halcomb (Attachments: #1 Proposed Order)Associated Cases: 2:11-md-02226-DCR, 2:12-cv-00097-DCR(Gallagher, Michael)
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Filing 36
ORDER: Clerk of the Court is DIRECTED to file Plaintiff Roberta A. Dunn's letter (dated April 13, 2012), together with all attachments in the file of this proceeding. The Court will determine at a subsequent date whether Ms. Dunn and her counsel, Michael T. Gallagher, should appear before the Court to address the propriety of the plaintiff's letter. Signed by Judge Danny C. Reeves on 4/18/2012. (Attachments: #1 April 13, 2012 Letter of Roberta Dunn)Associated Cases: 2:11-md-02226-DCR et al.(CBD)cc: COR
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Clerk's Note: #22 First MOTION to Remand and Memorandum in Support terminated pursuant to the Court's Practice and Procedure Order [MDL 4 - paragraph 9] and the Motion Submit entry filed 4/17/2012 re #22 First MOTION to Remand has been deleted this date. (CBD)
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Filing 35
HEARING AGENDA: In accordance with Case Management and Scheduling Order No. 1, the parties are notified of the following items to be discussed and/or addressed during the Status Conference currently scheduled for April 23, 2012 at 1:30 p.m., local time.I. Product Identification Discovery II. Discovery Plan III. Plaintiffs' Motion to Amend the Court's Memorandum Opinion and Order Regarding Generic Defendants' Motions to Dismiss in Order to Certify Ruling for Interlocutory Appeal IV. Procedure for Global Applicability of March 7, 2012 Order V. Generic Defendants' Request for Relief from Responsive Pleading Deadlines VI. Amended Complaints Filed After Dispositive Motions VII. Motion to Remand. In the event counsel have not discussed the items outlined above, they are directed to confer in advance of the upcoming Scheduling Conference in a good faith effort to reach agreement to the extent that such is feasible. Signed by Judge Danny C. Reeves on 4/17/2012.Associated Cases: 2:11-md-02226-DCR et al.(CBD)cc: COR
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Filing 34
Civil Case Assignment; Case Transferred from Indiana Southern (CBD)
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Filing 33
CASE TRANSFERRED IN from District of Indiana Southern. Case number 1:11-cv-01691. Original file, certified copy of transfer order and docket sheet received electronically. cc: COR w/ copy of docket sheet to non-registered attorneys
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Filing 32
CLOSED TRANSFER to the Eastern District of Kentucky re: MDL 2226, Darvocet, Darvon and Propoxyphene Products Liability Litigation, per Transfer Order re: CTO-12. (TMA) [Transferred from insd on 4/17/2012.]
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Conflict Check run. (CBD)
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REMARK: Counsel shall refer to #www.kyed.uscourts.gov/mdl/2226 for review of Orders relative to filing procedures in MDL 2226. If you are not registered as an ECF Filing User, please complete the ECF Registration Form and return it to the Clerk within twenty (20) days. cc: Order Regarding Practice & Procedure upon Transfer filed August 30, 2011 served via U.S. Mail to counsel not registered as ECF Filing Users. (CBD)
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Filing 31
ORDER granting #21 Defendant's Motion to Stay - All proceedings in this matter shall be stayed pending transfer to the MDL proceeding that has been established in the Eastern District of Kentucky. Signed by Judge Jane Magnus-Stinson on 3/1/2012. (JKS) [Transferred from insd on 4/17/2012.]
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Filing 30
REPLY in Support of Motion re #21 MOTION to Stay All Proceedings Pending Transfer by the Judicial Panel on Multidistrict Litigation , filed by Defendant ELI LILLY & COMPANY. (Attachments: #1 Exhibit 1 - Order Granting Motion to Relate, Staying Cases, #2 Exhibit 2 - Notice of Hearing Session 3-29-12)(Metzger, Kimberly) [Transferred from insd on 4/17/2012.]
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Filing 29
REPLY in Support of Motion re #22 First MOTION to Remand and Memorandum in Support , filed by Plaintiffs LINDA HALCOMB, WILLIAM HALCOMB. (Gallagher, Michael) [Transferred from insd on 4/17/2012.] Modified link to 22 on 4/17/2012 (CBD).
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Filing 28
RESPONSE in Opposition re #22 First MOTION to Remand and Memorandum in Support , filed by Defendant ELI LILLY & COMPANY. (Attachments: #1 Exhibit 1-January 9, 2012 Alias Summons, #2 Text of Proposed Order)(Metzger, Kimberly) [Transferred from insd on 4/17/2012.] Modified link to 22 on 4/17/2012 (CBD).
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Filing 27
RESPONSE in Opposition re #21 MOTION to Stay All Proceedings Pending Transfer by the Judicial Panel on Multidistrict Litigation , filed by Plaintiffs LINDA HALCOMB, WILLIAM HALCOMB. (Gallagher, Michael) [Transferred from insd on 4/17/2012.]
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Filing 26
MARGINAL ENTRY denying as moot Pltfs' #17 Motion for Extension of Time to File Motion to Remand. The motion for extension of time is denied as moot, in that the motion for remand was timely filed. Signed by Magistrate Judge Tim A. Baker on 1/25/2012. (SWM) [Transferred from insd on 4/17/2012.]
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Filing 25
BRIEF/MEMORANDUM in Support re #22 First MOTION to Remand and Memorandum in Support , filed by Plaintiffs LINDA HALCOMB, WILLIAM HALCOMB. (Gallagher, Michael) [Transferred from insd on 4/17/2012.]
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Filing 24
ORDER granting #23 Supplemental Motion to Appear pro hac vice. Attorney Tina Zahabi-Robbins for LINDA HALCOMB and WILLIAM HALCOMB added. Signed by Magistrate Judge Tim A. Baker on 1/20/2012. (SWM) [Transferred from insd on 4/17/2012.]
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Filing 23
SUPPLEMENTAL MOTION for Attorney(s) TINA ZAHABI-ROBBINS to Appear pro hac vice, filed by Plaintiffs LINDA HALCOMB, WILLIAM HALCOMB. (Attachments: #1 cover letter, #2 Text of Proposed Order)(JKS) [Transferred from insd on 4/17/2012.]
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Filing 22
First MOTION to Remand and Memorandum in Support, filed by Plaintiffs LINDA HALCOMB, WILLIAM HALCOMB. (Attachments: #1 Text of Proposed Order)(Gallagher, Michael) [Transferred from insd on 4/17/2012.] Motion termed per MDL 4 on 4/18/2012 (CBD).
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Filing 21
MOTION to Stay All Proceedings Pending Transfer by the Judicial Panel on Multidistrict Litigation, filed by Defendant ELI LILLY & COMPANY. (Attachments: #1 Exhibit A-MDL Transfer Order, #2 Exhibit B-MDL CTO-13, #3 Exhibit C-MDL Notice of Tag Along, #4 Exhibit D-MDL CTO-12, #5 Text of Proposed Order)(Ferguson-Allen, Audra) [Transferred from insd on 4/17/2012.]
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Filing 20
RESPONSE in Opposition re #17 MOTION for Extension of Time to February 3, 2012 , filed by Defendant ELI LILLY & COMPANY. (Attachments: #1 Exhibit A-JPML Notice of Potential Tag Along, #2 Exhibit B-JPML Notice of Opp to CTO-12, #3 Exhibit C-E-mail re Obj, #4 Text of Proposed Order)(Ferguson-Allen, Audra) [Transferred from insd on 4/17/2012.]
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Filing 19
ORDER granting #15 Motion to Appear pro hac vice. Attorney Michael T. Gallagher for LINDA HALCOMB and WILLIAM HALCOMB added. Signed by Magistrate Judge Tim A. Baker on 1/19/2012. (SWM) [Transferred from insd on 4/17/2012.]
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Filing 18
Submission of Signature Requirement re #15 MOTION for Attorney(s) MICHAEL T. GALLAGHER to Appear pro hac vice, by LINDA HALCOMB, WILLIAM HALCOMB. (Attachments: #1 Text of Proposed Order)(JKS) [Transferred from insd on 4/17/2012.]
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Filing 17
MOTION for Extension of Time to File Motion to Remand to February 3, 2012, filed by Plaintiffs LINDA HALCOMB, WILLIAM HALCOMB. (Attachments: #1 Text of Proposed Order)(JKS) [Transferred from insd on 4/17/2012.]
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Filing 16
MOTION for Attorney(s) TINA ZAHABI-ROBBINS to Appear pro hac vice, filed by Plaintiffs LINDA HALCOMB, WILLIAM HALCOMB. (Attachments: #1 Receipt for Pro Hac Vice fee, receipt # IP027979, #2 Text of Proposed Order)(JKS) [Transferred from insd on 4/17/2012.]
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Filing 15
MOTION for Attorney(s) MICHAEL T. GALLAGHER to Appear pro hac vice, filed by Plaintiffs LINDA HALCOMB, WILLIAM HALCOMB. (Attachments: #1 Receipt for Pro Hac Vice fee, receipt # IP027980, #2 Text of Proposed Order)(JKS) [Transferred from insd on 4/17/2012.]
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Filing 14
Submission of additional State Court records from Marion County Superior Court case # 49D131111CT045412. (Attachments: #1 State Court Record - Information sheet, #2 State Court Record - Notice of Filing of Removal, #3 State Court Record - Filing Fee receipt, #4 State Court Record - Appearance by Ed Yim and Ryan Beck)(JKS) [Transferred from insd on 4/17/2012.]
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Filing 13
DEFENDANT'S ANSWER to Complaint, filed by ELI LILLY & COMPANY.(Metzger, Kimberly) [Transferred from insd on 4/17/2012.]
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Filing 12
NOTICE of Appearance by Audra Jae Ferguson-Allen on behalf of Defendant ELI LILLY & COMPANY. (Ferguson-Allen, Audra) [Transferred from insd on 4/17/2012.]
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Filing 11
NOTICE of Appearance by Kimberly C. Metzger on behalf of Defendant ELI LILLY & COMPANY. (Metzger, Kimberly) [Transferred from insd on 4/17/2012.]
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Filing 10
Submission of Corporate Disclosure Statement for Cause Number Requirement, filed by Defendant ELI LILLY & COMPANY. (Larimore, Mary) [Transferred from insd on 4/17/2012.]
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Filing 9
Submission of Certificate of Compliance for Cause Number Requirement, filed by Defendant ELI LILLY & COMPANY. (Larimore, Mary) [Transferred from insd on 4/17/2012.]
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Filing 8
Submission of Appearance for Cause Number Requirement, filed by Defendant ELI LILLY & COMPANY. (Larimore, Mary) [Transferred from insd on 4/17/2012.]
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Filing 7
Submission of Notice of Removal for Cause Number Requirement, filed by Defendant ELI LILLY & COMPANY. (Attachments: #1 Exhibit Complaint and Summons, #2 Exhibit Notice of Filing of Removal Papers, #3 Civil Cover Sheet)(Larimore, Mary) [Transferred from insd on 4/17/2012.]
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Filing 6
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DH) [Transferred from insd on 4/17/2012.]
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Filing 5
NOTICE OF CERTIFICATE OF COMPLIANCE, filed by Defendant ELI LILLY & COMPANY, re #1 Notice of Removal. (Larimore, Mary) [Transferred from insd on 4/17/2012.]
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Filing 4
CIVIL COVER SHEET, filed by Defendant ELI LILLY & COMPANY. (Larimore, Mary) [Transferred from insd on 4/17/2012.]
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Filing 3
Corporate Disclosure Statement by ELI LILLY & COMPANY. (Larimore, Mary) [Transferred from insd on 4/17/2012.]
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Filing 2
NOTICE of Appearance by Mary Nold Larimore on behalf of Defendant ELI LILLY & COMPANY. (Larimore, Mary) [Transferred from insd on 4/17/2012.]
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Filing 1
NOTICE OF REMOVAL OF PLAINTIFFS' COMPLAINT from MARION COUNTY SUPERIOR, case number 49D131111CT045412, filed by All Defendants. (Filing fee $ 350 receipt number 0756-2179061) (Attachments: #1 Exhibit COMPLAINT AND SUMMONS, #2 Exhibit STATE COURT NOTICE OF FILING OF REMOVAL)(Larimore, Mary) [Transferred from insd on 4/17/2012.]
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