Wilson v. Bristol Myers Squibb Co., Inc., et al
| Jean Wilson |
| McKesson Corp, AstraZeneca Pharmaceuticals LP and Bristol Myers Squibb Company |
| 5:2018cv00554 |
| October 1, 2018 |
| US District Court for the Eastern District of Kentucky |
| Karen K Caldwell |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on November 28, 2018. A more recent docket listing may be available from PACER.
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re MOTION for Entry of Case Management Order Establishing Standards & Procedures for Counsel Seeking Reimbursement for Common Benefit Fees & Costs (180 in 5:18-md-02809-KKC, et al) Associated Cases: 5:18-md-02809-KKC et al.(TDA) |
| Filing 18 MASTER COMPLAINT AND JURY DEMAND, filed by Plaintiffs David Taylor, et al against Defendants Bristol-Myers Squibb Company, AstraZeneca Pharmaceuticals, LP, and McKesson Corporation. Filed per QC re 184 in 5:18-md-2809, et alAssociated Cases: 5:18-md-02809-KKC et al.(CBD) |
| Filing 17 AMENDED DOCUMENT by David Taylor, Leatha Taylor. Plaintiffs' Master Complaint and Jury Demand. Associated Cases: 5:18-md-02809-KKC et al.(Moore, Jennifer)See DE ( 185 in 5:18-md-2809) for CORRECTED entry of this pleading Modified on 11/21/2018 (CBD). |
| Filing 16 JOINT MOTION FOR ENTRY OF STIPULATED CASE MANAGEMENT ORDER by Plaintiffs, Bristol-Myers Squibb Company, AstraZeneca Pharmaceuticals LP, and McKesson Corporation (Attachments: #1 Exhibit 1-Proposed Stipulated CMO, #2 Exhibit 2- Plaintiff Profile Form and Authorization)Associated Cases: 5:18-md-02809-KKC et al.(Moore, Jennifer) Modified text on 11/20/2018 (CBD). |
| Filing 15 MOTION for Entry by David Taylor of Case Management Order Establishing Standards & Procedures for Counsel Seeking Reimbursement for Common Benefit Fees & Costs (Attachments: #1 Proposed Order, #2 PO Exhibit A, #3 PO Exhibit B, #4 PO Exhibit C) Associated Cases: 5:18-md-02809-KKC et al.(Moore, Jennifer) Modified text on 11/9/2018 (TDA). |
Filing 14
CASE MANAGEMENT ORDER NO. 1 REGARDING MASTER PLEADINGS AND PROPOSED DISCOVERY PLAN FOR PHASE ONE: GENERAL CAUSATION: plaintiffs' proposal (DE 168 in 5:18-md-2809, et al) to conduct concurrent discovery on all issues is DENIED. The Court further ORDERS as follows: 1. Both parties having proposed the filing of a Master Complaint, the Court hereby ORDERS that, on or before November 19, 2018, Plaintiffs must file a Master Complaint. 2. The Master Complaint may not be amended absent leave of the Court. 3. The Master Complaint will be the operative complaint in every individual action for the duration of these pretrial proceedings except that Defendants may respond to any individual complaint by way of motions permissible under Rule 12 of the FRCP. 4. If the parties wish to utilize Plaintiff Fact Sheets, authorization forms, and/or Defendant Fact Sheets, they must file proposed facts sheets and authorization forms and an accompanying motion for approval on or before November 19, 2018. If the parties are unable to agree on such fact sheets and forms, they may file separate proposals. Any objections to the motion for approval must be filed within 14 days of the date the motion for approval is filed. 5. On or before December 19, 2018, Defendants must file a Master Answer ("Master Answer") responding to the allegations of the Master Complaint. 6. Defendants will be deemed to have answered all cases pending in, filed in, or subsequently transferred to the MDL proceedings upon the filing of the Master Answer. The Master Answer will be deemed to deny any allegations contained in individual complaints that are not contained in the Master Complaint. 7. After the filing of the Master Answer, cases may only be voluntarily dismissed by order of the Court pursuant to Federal Rule of Civil Procedure 41(a)(2) or a stipulation pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), except that a Complaint filed directly in the MDL may be voluntarily dismissed upon notice by Plaintiff within ten (10) days of the filing of the Complaint. 8. Neither the filing of the Master Answer, nor the filing of a Notice of Appearance, nor CM/ECF registration, nor the appearance of any party or counsel at a status conference constitutes a waiver of any defense including lack of personal jurisdiction, objections to service, jurisdiction or venue, and any defenses to any state law claims. 9. The plaintiffs may not file a reply to the Master Answer. 10. Both parties having proposed the use of a Short Form Complaint, no later than December 19, 2018, Plaintiffs counsel must file a proposed Short Form Complaint and accompanying motion for approval stating the Short Form Complaint's proposed purpose and effect. Any objections to the motion for approval must be filed within 14 days of the date the motion for approval is filed. 11. On or before January 15, 2019, the parties must file a proposed plan. 12. In any action that is (a) filed in or transferred to this Court after this Order is entered and (b) consolidated with this action for pretrial purposes, the Clerk need not separately file the Case Management Orders already entered in these MDL proceedings. However, the Clerk must include a statement in the initial notice to counsel that the Order Regarding Practice and Procedure Upon Transfer, this Case Management Order, and all subsequent Case Management Orders govern all cases in the MDL proceedings. Signed by Judge Karen K. Caldwell on 10/24/2018. Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR Modified text on 10/24/2018 (CBD).
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| NOTICE OF DOCKET MODIFICATION TO Emily Ullman re (175 in 5:18-md-02809, et al) Response in Opposition to Motion. Error: a link was not created to the Motion (R. 168 in 5:18-md-2809, et al). Entry by attorney; Clerk modified the entry to create a link to the Motion, thereby placing the response on the Judge's motion report. In the future, create a link to the subject motion in the Master Case. No further action required by counsel. cc: COR Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
| NOTICE OF DOCKET MODIFICATION TO Jennifer Moore re (178 in 5:18-md-02809, et al) REPLY BRIEF. Error: a link was created to the Motion in one member case only. Entry by attorney; Clerk modified the entry to create a link to the Motion (R. 168 in 5:18-md-2809, et al), thereby placing the reply on the Judge's motion report. In the future, create a link to the subject motion in the Master Case. No further action required by counsel. cc: COR Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re MOTION Adopt Plaintiffs' Proposed Scheduling Order ( 168 in 5:18-md-02809-KKC, et al) ; RESPONSE IN OPPOSITION ( 175 in 5:18-md-02809-KKC, et al); REPLY ( 178 in 5:18-md-02809-KKC, et al) Associated Cases: 5:18-md-02809-KKC - ALL CASES.(CBD) |
| Filing 13 REPLY BRIEF to (4 in 5:18-cv-00562-KKC) filed by David Taylor. (Attachments: #1 Exhibit A- Xarelto PTO 27)Associated Cases: 5:18-md-02809-KKC et al.(Moore, Jennifer) |
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Filing 12
ORDER: Motion (DE 165 in 5:18-md-2809, et al) is GRANTED and Rebecca L. Phillips of The Lanier Law Firm is substituted in place of Jerome Prather as a member of the Plaintiffs' Steering Committee. Signed by Judge Karen K. Caldwell on 10/9/2018. Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR
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| Filing 11 RESPONSE in Opposition to Plaintiffs' Proposed Schedule (DE 168 in 5:18-md-2809, et al) filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. (Attachments: #1 Affidavit of Emily S. Ullman, #2 Exhibit A - Pls' JPML Motion, #3 Exhibit B - Pls' JPML Memorandum, #4 Exhibit C - Sept 7 CMC Transcript, #5 Exhibit D - Interested Parties' JPML Response, #6 Exhibit E - Zofran Scheduling Order, #7 Exhibit F - Vallejo v. Amgen Scheduling Order, #8 Exhibit G - Incretin Discovery Order, #9 Exhibit H - Filion (2016), #10 Exhibit I - Scirica (2014), #11 Exhibit J - Onglyza Prescribing information, #12 Exhibit K - Roundup Daubert Order, #13 Exhibit L - Roundup Scheduling Letter, #14 Exhibit M - JCCP CMO 3, #15 Exhibit N - JCCP CMO 4, #16 Exhibit O - JCCP CMC Transcript, #17 Exhibit P - Ethicon Plaintiff Form)Associated Cases: 5:18-md-02809-KKC et al.(Ullman, Emily) Modified link on 10/11/2018 (CBD). |
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Filing 10
STIPULATED ORDER REGARDING DIRECT FILING AND SERVICE OF COMPLAINTS: I. Direct Filing A. To promote judicial efficiency and to avoid delays associated with the transfer of cases filed in or removed from other federal district courts to this Court as part of MDL No. 2809, any plaintiff whose case would be subject to transfer to MDL No. 2809 may file her or his case directly in MDL No. 2809 in the U.S. District Court for the Eastern District of Kentucky. B. Cases directly filed in this Court pursuant to this Order shall not name more than a single plaintiff in each directly filed case C. Defendants stipulate and agree not to challenge venue for pretrial proceedings for any directly filed case properly filed pursuant to this Order. D. Filing a case directly in MDL No. 2809 will not determine the choice of law, including the statute of limitations; however, Defendants stipulate and agree that the filing of a complaint directly in MDL No. 2809 pursuant to this Order shall stop the running of any statute of limitations or prescriptive period, including statute of repose, as if the complaint had been filed in the district where it could otherwise have been brought absent this Order. E. The direct filing of actions in MDL No. 2809 is solely for the purposes of consolidated discovery and related pretrial proceedings as provided by 28 U.S.C. 1407 and pursuant to the Judicial Panel on Multidistrict Litigations February 2, 2018 Transfer Order ("Transfer Order"). F. Nothing in this Order shall be construed as a waiver of any Defendants right to move to remand any case directly filed in MDL No. 2809 or to move to dismiss any or all causes of action in any directly filed complaint. G. The caption for all direct filed complaints shall bear the same caption as instructed by this Courts February 9, 2018 Order Regarding Practice and Procedure Upon Transfer. (DE 3 in 5:18-md-2809.) H. All complaints must be filed electronically. Attorneys must register for and obtain an Eastern District of Kentucky MDL 2809 CM/ECF login name and password prior to filing. The CM/ECF registration form can be found at http://www.kyed.uscourts.gov/518-md-02809-kkc. All instructions contained within this Courts February 9, 2018 Order Regarding Practice and Procedure Upon Transfer govern the electronic filing process, including the Local Rules for the Eastern District of Kentucky, available at http://www.kyed.uscourts.gov/?q=local-rules. The requirements of Local Rules 83.1 and 83.2 regarding permission to practice and pro hac vice admission are waived as to any attorney appearing in these actions who is admitted to practice and in good standing in any United States District Court. II. Service of Directly-Filed Complaints (see Order for Items A-G). Signed by Judge Karen K. Caldwell on 10/3/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR
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Filing 9
STIPULATED ORDER REGARDING PROCEDURES FOR ELECTRONICALLY STORED INFORMATION: Plaintiffs and Defendants, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, and McKesson Corporation ("Defendants"), by counsel, have stipulated and agreed to entry of the following Order Regarding Procedures for Electronically Stored Information ("ESI") in this case. Good cause appearing therefore, it is hereby ORDERED that an ESI order shall be entered in this case, with the following terms, conditions, and requirements. Signed by Judge Karen K. Caldwell on 10/2/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR
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Filing 8
STIPULATED ORDER REGARDING PRIVILEGE CLAIMS AND LOGS: The Parties have agreed to the following protocol (see Order) governing the assertion of attorney-client privilege and work product doctrine in connection with their production of documents responsive to discovery propounded in this litigation. Signed by Judge Karen K. Caldwell on 10/2/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR
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Filing 7
STIPULATED PROTECTIVE ORDER ( 169 in 19-md-2809, et al) re Confidential Discovery Documents: Plaintiffs and Defendants, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, and McKesson Corporation ("Defendants"), by counsel, have stipulated and agreed to entry of the following Protective Order in this case. This order implements procedures to establish coordinated discovery procedures between cases before this Court and the California state court cases coordinated in the Complex Proceeding Onglyza Product Cases, JCCP No. 4909. Signed by Judge Karen K. Caldwell on 10/2/2018. (Attachments: #1 Exhibit A - Endorsement of Protective Order)Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR
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| REMARK: Counsel shall refer to #www.kyed.uscourts.gov/518-md-02809-kkc for review of Orders relative to filing procedures in MDL 2809. If you are not registered as an ECF Filing User, please complete the ECF Registration Form and return it to the Clerk within twenty-one (21) days. cc: Order Regarding Practice & Procedure upon Transfer filed February 9, 2018 served via U.S. Mail to counsel not registered as ECF Filing Users. (CBD) |
| Attorney Update. Attorney Timothy Michael Clark,Jennifer A. Moore,Laraclay Drake Parker for Jean Wilson added. (CBD) |
| Filing 5 CASE TRANSFERRED IN from District of Missouri Western. Case number 5:18-cv-06140. Original file, certified copy of transfer order and docket sheet received electronically. cc: COR w/ copy of docket sheet to non-registered filers. |
| Filing 4 MDL CONDITIONAL TRANSFER ORDER, CTO-20, from Jeffery N. Luthi, Clerk of the Panel, transferring case to Eastern District of Kentucky to be included in MDL No. 2809. Signed on 10/1/18. Case electronically transferred. (Ellis, Lindsey) [Transferred from mowd on 10/1/2018.] |
| Conflict Check run. (CBD) |
| Filing 3 MDL Notification - Notice of potential tag along case for MDL 2809 with copy of complaint and docket sheet sent to MDL Panel. (Attachments: #1 Docket Sheet) (Moore, Terri) [Transferred from mowd on 10/1/2018.] |
| Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) [Transferred from mowd on 10/1/2018.] |
| Filing 1 COMPLAINT against AstraZeneca Pharmaceuticals LP, Bristol Myers Squibb Co Inc, McKesson Corp filed by Eric D. Holland on behalf of Jean Wilson. Filing fee $400, receipt number AMOWDC-5943864. Service due by 12/17/2018 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Holland, Eric) [Transferred from mowd on 10/1/2018.] |
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