Moton v. Bristol-Myers Squibb Company, Inc. et al
| Georgia Moton |
| McKesson Corporation, AstraZeneca Pharmaceuticals LP and Bristol-Myers Squibb Company, Inc. |
| 5:2018cv00648 |
| December 17, 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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Filing 16
ORDER: The Joint Motions for Entry of Stipulated Cases Management Orders (DE 169 , 183 in 5:18-2809) were filed by the plaintiffs and only the following defendants:AstraZeneca Pharmaceuticals LP,Bristol-Myers Squibb Company, andMcKesson Corporation. Certain actions in this MDL name defendants other than these three defendants. Accordingly, the Court hereby ORDERS that, within 21 days of the entry date of this order, Plaintiffs Co-lead Counsel MUST FILE a response to this order SHOWING CAUSE why the claims against any defendants other than the three defendants named above should not be dismissed from any action currently pending in this MDL and from any action subsequently made a part of this MDL. In addition, the Master Complaint asserts that Plaintiffs have suffered injuries including,but not limited to, "heart failure, congestive heart failure, cardiac failure, death fromheart failure, and other serious health conditions as set forth in the individual Short FormComplaints, Plaintiff Profile Forms, Plaintiff Fact Sheets or any other responsive discoveryadduced in the respective constituent actions." (DE 185 , Master Complaint 5.) Accordingly, the Court hereby ORDERS that, within 21 days of the entry date of thisorder, Plaintiffs' Co-lead Counsel MUST FILE a Notice Regarding Injuries Allegedclarifying whether any plaintiff in this MDL alleges injuries other than heart failure includingwrongful death resulting from heart failure.. Signed by Judge Karen K. Caldwell on 2/4/2019.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR
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Filing 15
CASE MANAGEMENT ORDER NO. 3 REGARDING GENERAL CAUSATION DISCOVERY AND DAUBERT MOTIONS: Having conducted a status conference in this matter on December 18, 2018, and having further considered the Joint Discovery Plan ( 202 in 5:18-md-02809-KKC et al) submitted by the parties, the Court hereby ORDERS as follows: 1. Counter-claims, Cross-Claims, and Third-Party Complaints ddl 2/1/19. 2. Motions in Individual Cases pursuant to Federal Rule of Civil Procedure 12 shall be stayed until after the completion of the first phase of discovery on the issue of general causation. Discovery Procedures see items 3- 6 of this Order. Coordination with State Court Proceedings see items 7- 9 of this Order. 10. Fact discovery on the issue of general causation may commence upon the entry of this Order. 11. Fact discovery relating to issues of general causation ddl 7/9/19. 12. Plaintiffs shall serve expert reports re general causation by 7/25/19. 13. Defendants shall serve expert reports re general causation by August 8, 2019. 14. Plaintiffs shall serve rebuttal expert reports by 8/26/19. 15. Depositions of expert witnesses re general causation ddl 9/27/19. 16. Daubert motions challenging expert witness testimony on the issue of general causation ddl 10/28/19. Oppositions to such motions shall be due on 12/4/19. Any replies shall be due on 12/20/19. 17. Hearings on any Daubert motions have been scheduled for January 21-23, 2020.. Signed by Judge Karen K. Caldwell on 1/29/19. Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR Modified text on 1/29/2019 (CBD).
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Filing 14
ORDER: Plaintiffs' motion to approve the proposed short form complaint (SFC) (DE 193 in 5:18-MD-2809, et al) is GRANTED. The Court further ORDERS as follows: 1) In accordance with the motion (DE 193) for approval of the SFC and the Stipulated Order Regarding Direct Filing (DE 174 in 5:18-MD-2809, et al), plaintiffs who file their case directly in this MDL must do so by filing the SFC as the initiating pleading. No other plaintiffs are required to file the SFC; and 2) By filing the SFC, a plaintiff adopts all the allegations and claims in the Master Complaint but asserts only the claims indicated on the SFC against only the defendants indicated on the SFC and alleges only the injuries indicated on the SFC. granting (193) Motion for Order in case 5:18-md-02809-KKC. Signed by Judge Karen K. Caldwell on 1/29/19. Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR
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Filing 13
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
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| Filing 12 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 11 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 10 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 9 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) |
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Filing 7
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
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Filing 6
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
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| Filing 8 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 5 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 4 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 |
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Filing 3
STANDING ORDER: 1. The Clerk is DIRECTED to ASSIGN all related matters to the Honorable Karen K. Caldwell on the Lexington docket. 2. All individual actions shall be consolidated with the MDL Master File No. 5:18-md-2809. 3. Actions shall be consolidated for purposes of discovery and other pre-trial matters. 4. A copy of this Order shall be filed in each appropriate case with a copy to all counsel. Signed by Chief Judge Karen K. Caldwell. (STC)cc: COR
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| Filing 1 COMPLAINT (NO PROCESS REQUESTED). ( Filing fee $400; receipt number 0643-4242017), filed by Georgia Moton. (Attachments: #1 Civil Cover Sheet)(STC) |
| Conflict Check run. (STC) |
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