Nicholas v. Bristol-Myers Squibb Company et al
| Sonia Nicholas |
| Bristol-Myers Squibb Company, AstraZeneca Pharmaceuticals LP and McKesson Corporation |
| 5:2018cv00634 |
| November 30, 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
RSS Track this Docket
This docket was last retrieved on January 16, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 19
ORDER: the Show Cause Order (DE 196 in 5:18-md-2809, et al)entered December 26, 2018, is hereby DISCHARGED. Signed by Judge Karen K. Caldwell on 1/16/2019.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR
|
| Filing 18 Proposed Agreed Order/Stipulation Regarding Joint Discovery Plan by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC et al.(Ullman, Emily) |
| Filing 17 JOINT STATUS REPORT by Plaintiffs, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company and McKesson Corporation, AstraZeneca Pharmaceuticals LP, . Associated Cases: 5:18-md-02809-KKC et al.(Browning, Carol) Modified text on 1/16/2019 (CBD). |
| Filing 15 MASTER ANSWER to MASTER COMPLAINT ( 185 in 5:18-md-2809, ET AL) with Jury Demand by McKesson Corporation. Filed per QC re 192 in 5:18-md-2809, ET AL) Associated Cases: ALL (CBD) |
| Filing 14 MASTER ANSWER to MASTER COMPLAINT ( 185 in 5:18-md-02809-KKC, ET AL) with Jury Demand by Bristol-Myers Squibb Company. Filed per QC re 191 in 2:18-md-2809, ET AL ALL Associated Cases. (CBD) |
| Filing 16 Summons Issued as to AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation; Summons issued and returned to counsel electronically (CBD) |
| Filing 12 NOTICE OF FILING by Sonia Nicholas (Attachments: #1 Summons)(Burke, Daniel) |
|
Filing 11
CASE MANAGEMENT ORDER NO. 2 Regarding Plaintiff Profile Forms, Plaintiff Fact Sheets, and Defendant Fact Sheets: JOINT MOTION (DE 183 in 5:18-md-02809- KKC, et al) is GRANTED. I. PLAINTIFF PROFILE FORM This Case Management Order governs the production of Plaintiff Profile Forms (PPF) for all cases now included in MDL No. 2809 and any cases subsequently added to MDL No. 2809. For all cases included in MDL No. 2809 or any case added to MDL No. 2809 on or before January 15, 2019, the completed PPF and accompanying materials, including executed authorizations and required documents and things, are due by March 1, 2019. For any case added to MDL No. 2809 after January 15, 2019, the PPF and accompanying materials are due within seventy-five (75) days of the date the case is added to MDL No. 2809. Responses to the PPF shall be treated as answers to interrogatories under FRCP 33 and requests for the production of documents under FRCP 34 and shall be supplemented in accordance with FRCP 26. II. PRODUCTION OF RECORDS SHOWING USE AND INJURY Each plaintiff alleges that use of Onglyza or Kombiglyze XR (collectively, Onglyza) caused him or her to develop heart failure (or aggravation or worsening of heart failure) or caused his or her decedent to develop heart failure (or aggravation or worsening of heart failure). As part of his or her PPF, a plaintiff must produce documentation that shows: (1) use of Onglyza; and (2) subsequent heart failure or aggravation or worsening of heart failure. III. DEFICIENCY NOTICE AND ENFORCEMENT PROCEDURES The following procedures shall apply to failure to comply with the PPF requirements, including by failing to provide a response entirely or failing to produce documents showing use and injury (see Order). IV. PLAINTIFF FACT SHEET AND DEFENDANT FACT SHEET. The parties shall negotiate a Plaintiff Fact Sheet and a Defendant Fact Sheet. During the period in which the Court is evaluating Daubert motions regarding expert witness testimony on the issue of general causation, the parties shall file the proposed PFS, the proposed DFS, and an accompanying proposed Case Management Order which will contemplate the submission of completed PFS and DFS shortly thereafter. During this time period the parties plan to reach consensus on a pool of cases that will be required to submit PFS and DFS.. Signed by Judge Karen K. Caldwell on 1/9/2019. Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR
|
|
Filing 10
ORDER TO SHOW CAUSE: the above counsel (Dylan James Hooper) SHALL SHOW CAUSE in a writing filed by no later than January 11, 2019 as to why the Court should not impose sanctions on him or her, including suspension of the right to practice in the U.S. District Court for the Eastern District of Kentucky, for failure to comply with the Court's order. Signed by Judge Karen K. Caldwell on 12/26/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR
|
| Filing 13 MASTER ANSWER to MASTER COMPLAINT ( 185 in 5:18-md-02809-KKC, ET AL) with Jury Demand by AstraZeneca Pharmaceuticals LP. Filed per QC re 190 in 5:18-md-2809, ET AL Associated Cases: ALL (CBD) |
| Filing 9 CONSENT MOTION for Order by David Taylor, Leatha Taylor Approving Plaintiffs' Proposed Short Form Complaint (Attachments: #1 Exhibit Short Form Complaint)Associated Cases: 5:18-md-02809-KKC et al.(Moore, Jennifer) |
| Filing 8 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 12/18/2018. before Judge Karen K. Caldwell: 1. The Court will set aside January 21, 22 and 23, 2020, for Daubert Hearings in this matter. 2. The e-mail summary requirement as set forth in the Initial Submissions section of the Order regarding Practice and Procedure upon Transfer entered February 9, 2018, is suspended. (Court Reporter Linda Mullen.) Associated Cases: 5:18-md-02809-KKC et al. (CBD)cc: COR |
| Filing 7 NOTICE OF FILING Proposed Joint Agenda for Status Conference on December 18, 2018 by all parties. Associated Cases: 5:18-md-02809-KKC et al.(Browning, Carol) Modified text on 12/19/2018 (CBD). |
|
Filing 6
ORDER REGARDING MANDATORY CM/ECF REGISTRATION FOR COUNSEL OF RECORD: The following attorneys (Dylan James Hooper and Eric Holland), who have failed to register with the CM-ECF system as required, SHALL RETURN to the Court an Electronic Filing Attorney Registration Form within 14 days from the entry date of this order. Failure to do so may result in sanctions being imposed by the Court, including termination of the right to practice before this Court. Signed by Judge Karen K. Caldwell on 12/6/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR w/ copy of MDL 2809 ECF Ref. Form to Dylan J. Hooper and Eric Holland
|
| Filing 4 CASE TRANSFERRED IN from District of New York Southern. Case number 1:18-cv-09406. Original file, certified copy of transfer order and docket sheet received electronically. cc: COR |
| Filing 3 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Eastern District of Kentucky. (Signed by MDL Panel on 11/28/2018) (sjo) [Transferred from nysd on 11/30/2018.] |
| Attorney Update. Attorney Laraclay Drake Parker,Jennifer A. Moore,Timothy Michael Clark for Sonia Nicholas added. (CBD) |
| MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - Eastern District of Kentucky. (sjo) [Transferred from nysd on 11/30/2018.] |
| Conflict Check run. (CBD) |
| REMARK: Counsel is on notice that they shall refer to #www.kyed.uscourts.gov/518-md-02809-kkc for review of Orders, including but not limited to the Order Regarding Practice and Procedure Upon Transfer and Case Management Orders governing all cases in these MDL proceedings. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel C. Burke. The party information for the following party/parties has been modified: Bristol-Myers Squibb Company; Astrazeneca Pharmaceuticals LP; McKesson Corporation. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) [Transferred from nysd on 11/30/2018.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Deborah A. Batts. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) [Transferred from nysd on 11/30/2018.] |
| Case Designated ECF. (jgo) [Transferred from nysd on 11/30/2018.] |
| Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) [Transferred from nysd on 11/30/2018.] |
| Filing 2 CIVIL COVER SHEET filed. (Burke, Daniel) [Transferred from nysd on 11/30/2018.] |
| Filing 1 COMPLAINT against Astrazeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. (Filing Fee $ 400.00, Receipt Number ANYSDC-15748742)Document filed by Sonia Nicholas.(Burke, Daniel) [Transferred from nysd on 11/30/2018.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Kentucky Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
