Dawson et al v. Trent et al
| Kimberli Sageser and Lisa Dawson |
| Aventis Pharmaceuticals, Inc, Sanofi, Sanofi-Aventis U.S. Inc., Sanofi-Synthelabo Inc., Robert Trent, Sanofi-Aventis U.S. LLC and Horace Hambrick |
| 5:2018cv00559 |
| October 4, 2018 |
| US District Court for the Eastern District of Kentucky |
| Claria Horn Boom |
| Robert E Wier |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 29, 2019. A more recent docket listing may be available from PACER.
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Filing 45
OPINION AND ORDER: The Court GRANTS Plaintiff's #14 Motion to Remand and REMANDS this case to the Scott Circuit. Further the Court DENIED as MOOT Plaintiff's #11 Motion to Stay. Trents, Hambricks, and Sanofis pending dismissal efforts (DE #4 , #5 & #9 ), which the Court does not tackle, properly fall within the state courts adjudicative ambit. Signed by Judge Robert E. Wier on 8/29/2019.(JJ)cc: COR, Scott Circuit
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| NOTICE OF DOCKET MODIFICATION TO Brandon Henry re #44 MOTION for Leave to File Error: attachments were insufficiently described as "Exhibit A,""Exhibit B." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect);Exhibit A Affidavit of John Doe (correct). No further action required bycounsel. cc: COR (JJ) |
| Filing 44 MOTION for Leave to File A Second Supplemental Brief in Opposition to Defendant Sanofi-Aventis U.S., LLC's Motin to Dismiss by Lisa Dawson, Kimberli Sageser (Attachments: #1 Exhibit A, #2 Exhibit B)(Henry, Brandon) Modified text on 8/28/2019 (JJ). |
| Filing 43 MOTION for Leave to File Supplemental Brief to Address New Tenth Circuit Opinion by Sanofi-Aventis U.S. LLC (Attachments: #1 Exhibit Second Supplemental Reply ISO Mt to Dismiss, #2 Proposed Order)(Startsman, Emily) Modified text on 8/20/2019 (JJ). |
| ***FILE SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: #42 Notice of Filing (KM) |
| Filing 42 NOTICE OF FILING re #41 Order by Sanofi-Aventis U.S. LLC (Attachments: #1 Exhibit Exhibit 1 - Complaint)(Startsman, Emily) Modified text on 7/29/2019 (KM). |
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Filing 41
ORDER: The Court ORDERS Defendnat, as removal proponent, to remedy deficiency by filing the complete Complaint NLT 7/29/2019, at noon. Signed by Judge Robert E. Wier on 7/25/2019.(KM)cc: COR
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Filing 40
ORDER OF REASSIGNMENT: IT IS ORDERED that the following civil matters be REASSIGNED to the Honorable Robert E. Wier. The Court DIRECTS the Clerk of Court to file a copy of this Order in each appropriate case with a copy to all counsel, or, in the case of a pro se party, to the last known address of such a party. Signed by Judge Claria Horn Boom on 7/22/2019.(KM)cc: COR
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Filing 38
ORDER OF REASSIGNMENT: IT IS ORDERED that the following case be REASSIGNED to the Honorable Robert E. Wier. The Court DIRECTS the Clerk of Court to file a copy of this Order in each appropriate case with a copy to all counsel, or, in the case of a pro se party, to the last known address of such a party. Signed by Judge Claria Horn Boom.(KM)cc: COR Modified on 7/22/2019 (KM).
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| Filing 37 SUPPLEMENTAL BRIEF IN OPPOSITION to Defendant Sanofi-Aventis, U.S., LLC's #9 Motion to Dismiss filed by Lisa Dawson, Kimberli Sageser. (File pursuant to DE 36) (KM) |
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Filing 36
VIRTUAL ORDER: granting #35 Motion for Leave to File A Supplemental Brief in Opposition to Defendant Sanofi-Aventis U.S., LLC's #9 Motion to Dismiss by Kimberli Sageser. Signed by Judge Claria Horn Boom on 7/18/2019. (KM)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: #37 SUPPLEMENTAL BRIEF (KM) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re #35 MOTION for Leave to File A Supplemental Brief in Opposition to Defendant Sanofi-Aventis U.S., LLC's #9 Motion to Dismiss by Kimberli Sageser (KM) |
| Filing 35 MOTION for Leave to File A Supplemental Brief in Opposition to Defendant Sanofi-Aventis U.S., LLC's #9 Motion to Dismiss by Kimberli Sageser (Attachments: #1 Exhibit Plaintiffs' Supplemental Brief in Opposition to Defendant Sanofi-Aventis U.S., LLC's Motion to Dismiss, #2 Exhibit Proposed Order)(Henry, Brandon) Modified text on 6/7/2019 (KM). |
| Filing 34 SUPPLEMENTAL REPLY IN SUPPORT OF ITS MOTION TO DISMISS #9 filed by Sanofi-Aventis U.S. LLC. (Filer per Order #33 ) (KM) |
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Filing 33
ORDER GRANTING MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF TO ADDRESS NEW SUPREME COURT OPINION: IT IS ORDERED as follows: 1. Defendant Sanofi-Aventis U.S. LLC's #32 Motion for Leave to File Supplemental Brief to Address New Supreme Court Opinion is GRANTED; 2. The Clerk is DIRECTED to file the tendered supplemental brief in the record as a reply to [R. #6 ]. Signed by Judge Claria Horn Boom on 5/31/2019.(KM)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re #32 MOTION for Leave to File by Sanofi-Aventis U.S. LLC Supplemental Brief to Address New Supreme Court Opinion (KM) |
| Filing 32 MOTION for Leave to File by Sanofi-Aventis U.S. LLC Supplemental Brief to Address New Supreme Court Opinion (Attachments: #1 Exhibit - Tendered Supplemental Reply in Support of Motion to Dismiss, #2 Proposed Order Proposed Order)(Startsman, Emily) Modified text on 5/31/2019 (KM). |
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Filing 31
ORDER:IT IS ORDERED as follows: 1. Plaintiff's Supplemental Motions Appear Pro Hac Vice [R. #28 ; R. #29 ; #30 ] are GRANTED. Brandon D. Henry, David C. Degreef and Thompas P. Catmell are granted leave to appear pro hac vice for plaintiffs in this action; 2. If during the pendency of this action, the above attys are are disbarred, suspended from practice, are not in good standing with the Bar to which they are a member, or are subject to any other disciplinary action by any court, state, territory or the District of Columbia, they must immediately notify the Court and provide information necessary for the Court to evaluate whether continued admission in this case is appropriate. Signed by Judge Claria Horn Boom on 4/4/2019. (KM)cc: COR, ECF Registration form to Brandon D. Henry, David C. DeGreef, and Thomas P. Cartmell
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Boom for review: re #28 SUPPLEMENTAL MOTION for Order by Lisa Dawson, Kimberli Sageser SUPPLEMENTAL MOTION FOR PRO HAC VICE ADMISSION OF THOMAS P. CARTMELL, #29 SUPPLEMENTAL MOTION for Order by Lisa Dawson, Kimberli Sageser SUPPLEMENTAL MOTION FOR PRO HAC VICE ADMISSION OF DAVID C. DEGREEFF, #30 SUPPLEMENTAL MOTION for Order by Lisa Dawson, Kimberli Sageser SUPPLEMENTAL MOTION FOR PRO HAC VICE ADMISSION OF THOMAS P. CARTMELL (KJR) |
| Filing 30 SUPPLEMENTAL MOTION for Order by Lisa Dawson, Kimberli Sageser SUPPLEMENTAL MOTION FOR PRO HAC VICE ADMISSION OF THOMAS P. CARTMELL (Attachments: #1 Exhibit CERTIFICATES OF GOOD STANDING, #2 Proposed Order PROPOSED ORDER)(Parker, Laraclay) |
| Filing 29 SUPPLEMENTAL MOTION for Order by Lisa Dawson, Kimberli Sageser SUPPLEMENTAL MOTION FOR PRO HAC VICE ADMISSION OF DAVID C. DEGREEFF (Attachments: #1 Exhibit CERTIFICATES OF GOOD STANDING, #2 Proposed Order PROPOSED ORDER)(Parker, Laraclay) |
| Filing 28 SUPPLEMENTAL MOTION for Order by Lisa Dawson, Kimberli Sageser SUPPLEMENTAL MOTION FOR PRO HAC VICE ADMISSION OF Brandon D. Henry (Attachments: #1 Exhibit CERTIFICATES OF GOOD STANDING, #2 Proposed Order PROPOSED ORDER)(Parker, Laraclay) Modified text on 3/20/2019 (KM). |
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Filing 27
ORDER DENYING LEAVE TO APPEAR PRO HAC VICE: 1. Plaintiff's Motions to Appear Pro Hac Vice [ #22 , #23 , #24 ] are DENIED; 2. Brandon D. Henry, David C. DeGreeff and Thomas P. Cartmell are granted leave to supplement their Motions for Admission Pro Hac Vice to comply with all elements of Local Rule 83.2(a).. Signed by Judge Claria Horn Boom on 2/5/2019. (KM)cc: COR, Attorneys Henry, DeGreef, & Carmell via U.S. mail
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Filing 26
ORDER GRANTING LEAVE TO APPEAR PRO HACE VICE: 1. Defendant Sanofi-Aventis U.S., LLC's #25 Motion for William F. Northrip to Appear Pro Hac Vice is GRANTED; 2. If during the pendency of this action, William F. Northrip is disbarred, suspended from practice, is not in good standing with the Bar to which he is a member, or is subject to any other disciplinary action, he must immediately notify the Court and provide information necessary for the Court to evaluate whether continued admission in this case is appropriate. Signed by Judge Claria Horn Boom on 2/5/2019. (KM)cc: COR, ECR Registration form to William F. Northrip
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| BAR STATUS Check completed as to William F. Northrip re #25 MOTION to Appear Pro Hac Vice by Sanofi-Aventis U.S. LLC William F. Northrip. (KM) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re #25 MOTION to Appear Pro Hac Vice by Sanofi-Aventis U.S. LLC William F. Northrip (KM) |
| Filing 25 MOTION for William F. Northrip to Appear Pro Hac Vice by Sanofi-Aventis U.S. LLC (Filing fee $125; receipt number 0643-4267172) (Attachments: #1 Exhibit Certificiates of Good Standing to Appear Pro Hac Vice, #2 Proposed Order)(Startsman, Emily) Modified text on 1/23/2019 (JLM). |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re #22 MOTION for Brandon D. Henry to Appear Pro Hac Vice by Lisa Dawson, Kimberli Sageser ( Filing fee $125; receipt number 0643-4265415), #24 MOTION for Thomas P. Cartmell to Appear Pro Hac Vice by Lisa Dawson, Kimberli Sageser ( Filing fee $125; receipt number 0643-4265459), #23 MOTION for David C. DeGreeff to Appear Pro Hac Vice by Lisa Dawson, Kimberli Sageser ( Filing fee $125; receipt number 0643-4265455) (KM) |
| BAR STATUS Check completed as to Brandon D. Henry, David C. DeGreeff, Thomas P. Cartmell re #22 MOTION for Brandon D. Henry to Appear Pro Hac Vice by Lisa Dawson, Kimberli Sageser (Filing fee $125; receipt number 0643-4265415), #24 MOTION for Thomas P. Cartmell to Appear Pro Hac Vice by Lisa Dawson, Kimberli Sageser (Filing fee $125; receipt number 0643-4265459), #23 MOTION for David C. DeGreeff to Appear Pro Hac Vice by Lisa Dawson, Kimberli Sageser (Filing fee $125; receipt number 0643-4265455). (KM) |
| Filing 24 MOTION for Thomas P. Cartmell to Appear Pro Hac Vice by Lisa Dawson, Kimberli Sageser ( Filing fee $125; receipt number 0643-4265459) (Attachments: #1 Affidavit Affidavit of Thomas P. Cartmell, #2 Proposed Order Proposed Order)(Parker, Laraclay) |
| Filing 23 MOTION for David C. DeGreeff to Appear Pro Hac Vice by Lisa Dawson, Kimberli Sageser ( Filing fee $125; receipt number 0643-4265455) (Attachments: #1 Affidavit Affidavit of David C. DeGreeff, #2 Proposed Order Proposed Order)(Parker, Laraclay) |
| Filing 22 MOTION for Brandon D. Henry to Appear Pro Hac Vice by Lisa Dawson, Kimberli Sageser ( Filing fee $125; receipt number 0643-4265415) (Attachments: #1 Affidavit Affidavit of Brandon D. Henry, #2 Proposed Order Proposed Order)(Parker, Laraclay) |
| Filing 21 REPLY BRIEF to #14 PLAINTIFFS' REPLY BRIEF IN SUPPORT OF THEIR MOTION FOR REMAND filed by Lisa Dawson, Kimberli Sageser. (Parker, Laraclay) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re #9 MOTION to Dismiss for failure to state a claim by Sanofi-Aventis U.S. LLC and Memorandum of Law in Support, #14 MOTION to Remand by Lisa Dawson, Kimberli Sageser (KM) |
| Filing 20 REPLY to Response to Motion re #9 MOTION to Dismiss for failure to state a claim by Sanofi-Aventis U.S. LLC and Memorandum of Law in Support filed by Sanofi-Aventis U.S. LLC. (Startsman, Emily) |
| Filing 19 RESPONSE in Opposition re #14 MOTION to Remand by Lisa Dawson, Kimberli Sageser filed by Sanofi-Aventis U.S. LLC. (Startsman, Emily) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re #11 MOTION to Stay by Lisa Dawson, Kimberli Sageser PLAINTIFF'S MOTION FOR STAY ON NON-JURISDICTIONAL PROCEEDINGS (KM) |
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Filing 18
ORDER GRANTING EXTENSION OF TIME re #17 Proposed Agreed Order/Stipulation: 1. Defendant Sanofi-Aventis U.S. LLC shall up to & including 11/30/2018 to file a response to Plaintiff's Motion to Remand #14 ; 2. Defendant Sanofi-Aventis U.S. LLC shall up to & including 12/13/2018 to file it reply of its Motion to Dismiss #9 . Signed by Judge Claria Horn Boom on 11/21/2018.(KM)cc: COR
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| Filing 17 Proposed Agreed Order/Stipulation for Extension of Time by Sanofi-Aventis U.S. LLC. (Startsman, Emily) |
| Filing 16 RESPONSE to Motion re #9 MOTION to Dismiss for failure to state a claim by Sanofi-Aventis U.S. LLC and Memorandum of Law in Support filed by Lisa Dawson, Kimberli Sageser. (Attachments: #1 Proposed Order)(Golden, J.) |
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Filing 15
ORDER GRANTING MOTION FOR EXTENSION: 1. Plaintiff's #12 Unopposed Motion for Extension of Time is GRANTED; 2. Plaintiff's SHALL have up to and including 11/15/2018, within which to respond to Defendant Sanofi-Aventis U.S. LLC's Motion to Dismiss #9 . Signed by Judge Claria Horn Boom on 11/7/2018. (KM)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re #12 MOTION for Extension of Time to File Response/Reply by Lisa Dawson, Kimberli Sageser PLAINTIFF'S UNOPPOSED MOTION FOR A 14-DAY EXTENSION OF TIME IN WHICH TO RESPOND TO SANOFI-AVENTIS U.S. LLC'S MOTION TO DISMISS (KM) |
| Filing 14 MOTION to Remand by Lisa Dawson, Kimberli Sageser (Attachments: #1 Exhibit 1 - Scott Circuit docket sheet, #2 Exhibit 2 - Opinion and Order in Claycomb v. Commonwealth, #3 Proposed Order)(Collins, Kellie) |
| Filing 13 RESPONSE in Opposition re #11 MOTION to Stay by Lisa Dawson, Kimberli Sageser PLAINTIFF'S MOTION FOR STAY ON NON-JURISDICTIONAL PROCEEDINGS filed by Sanofi-Aventis U.S. LLC. (Startsman, Emily) |
| Filing 12 MOTION for Extension of Time to File Response/Reply by Lisa Dawson, Kimberli Sageser PLAINTIFF'S UNOPPOSED MOTION FOR A 14-DAY EXTENSION OF TIME IN WHICH TO RESPOND TO SANOFI-AVENTIS U.S. LLC'S MOTION TO DISMISS (Attachments: #1 Proposed Order Proposed Order on Plf's Motion for Extension of Time to File Response to Def's Motion to Dismiss)(Parker, Laraclay) |
| Filing 11 MOTION to Stay by Lisa Dawson, Kimberli Sageser PLAINTIFF'S MOTION FOR STAY ON NON-JURISDICTIONAL PROCEEDINGS (Attachments: #1 Proposed Order Proposed Order on Plf's Motion for Stay)(Parker, Laraclay) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re #5 MOTION to Dismiss by Horace Hambrick, #4 MOTION to Dismiss by Robert Trent (KM) |
| Filing 10 FRCP 7.1 DISCLOSURE STATEMENT by Sanofi-Aventis U.S. LLC identifying Corporate Parent Sanofi for Sanofi-Aventis U.S. LLC.. (Startsman, Emily) |
| Filing 9 MOTION to Dismiss for failure to state a claim by Sanofi-Aventis U.S. LLC and Memorandum of Law in Support (Attachments: #1 Exhibit Ex A - 11/26/07 Citizen Petition, #2 Exhibit Ex B - 09/08/09 FDA Ltr to Mix, #3 Exhibit Ex C - 09/29/09 Petition for Reconsideration, #4 Exhibit Ex D - 03/08/12 - FDA Ltr to Mix, #5 Exhibit Ex E - PDR for Clomid, #6 Proposed Order Proposed Order Granting Motion to Dismiss)(Startsman, Emily) |
| Filing 8 NOTICE TO ATTORNEY Courtney L. Rosser by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application. (Attachments: #1 Admission Check)(JLM) |
| Filing 7 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Emily L. Startsman. #1 Notice of Removal,has been filed by Sanofi-Aventis U.S. LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (JLM) |
| Conflict Check run. (JLM) |
| Filing 6 RESPONSE to Motion re #4 MOTION to Dismiss by Robert Trent, #5 MOTION to Dismiss by Horace Hambrick filed by Lisa Dawson, Kimberli Sageser. (Filed in state court, see doc. #1 ). (JLM) |
| Filing 5 MOTION to Dismiss by Horace Hambrick (Filed in state court, see doc. #1 ). (JLM) |
| Filing 4 MOTION to Dismiss by Robert Trent (Filed in state court, see doc. #1 . (JLM) |
| Filing 3 Return of service by Lisa Dawson, Kimberli Sageser via certified mail to Sanofi served on 9/4/2018, answer due 9/25/2018; Sanofi-Aventis U.S. LLC served on 9/4/2018, answer due 9/25/2018 (Filed in State Court, see doc. #1 . (JLM) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Scott County, Kentucky, case number 18-CI-00501. ( Filing fee $400; receipt number 0643-4184528), filed by Sanofi-Aventis U.S. LLC. (Attachments: #1 State Court Record Exhibit A, #2 State Court Record Exhibit B, #3 State Court Record Exhibit C, #4 State Court Record Exhibit D, #5 State Court Record Exhibit E, #6 State Court Record Exhibit F, #7 State Court Record Exhibit G, #8 State Court Record Exhibit H, #9 Civil Cover Sheet)(JLM) |
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