In re: Onglyza (Saxagliptin) and Kombiglyze (Saxagliptin and Metformin) Products Liability Litigation MDL 2809
Susan Settle, Charles David Ware, William Dinger Sr., David Caldwell, Mattie Holmes, Steven Vallentine, Audrie Winborne, Wayne Driver, Rosa Davila, Anita Rochelle Holland, Tony Campbell, Yvonne Sandoval, David Taylor, Patricia Word, Dennis Turner, Catherine Woods, Randall McCall, Allen Atkins, Sr., Patricia Reid, Don Lynn, Donielle Cousins, Cleotha Silvers, Ethel Green, Robert Rosencranse, Margie Goforth, Norman Johnson, Lisa Arlene Peoples, Vicki Lacy, Robert Williams, Darryl McAfee, Bobbie Brown, Michael Sechler, Milton George, Lynda Lyles, Roy Carter, Gail Talton, Randolph Young, Therese Medley, Diann M. Reeves, Michael Winkle, Cynthia Turner, Larry Reeves, Jay Epps, Ophelia Dubose, Edwin Asencio, Jason Mask, Michael Martin, Linda Day, April Sechler, Harvey Beeler, Sherman Jackson, Billy Davis, Allen Ellis, Carl Hulbert, Donald Carpenter, Jr., Walter Garcia, Michael Miller, Leatha Taylor, Wilma Barner, Robbie York, Wilda Chamberlain, Maisha Johnson, Jerald Adams, Michael Veloria, Willie Harris, Cheryll Campbell, Earl Binns, Pixie Nance, Carolyn Williams, Jimmy Stacy, H.B. Green, Angela Hardy, Kathy Barnes, Cloyd Tucker, Wrendell Chester, Nichole Wilcox, Johny Sosh, Amy Mitchell, Sheryle Christensen, Ronald Letell, Neva Boller, Ray Gomez, Elke Mounteer, Olivier Herbert, Shirley Nail, Chleo Trapp, Veryl Mills, Mary Smith, Cathy Nelson, Bobbie Jean Singletary, Guadalupe Vasquez, Christopher Hocker, Kimberly Payne, Johann A. Sproule, John Wesley Hunt, Sr, Alice Watts, Robert Ervin, John Howard, Jr., Guadalupe Ybarra, Cynthia Humphrey, Teresa Ann Freeman, Gary Smith, Teresa Booth, Donald Jackson, Elmer Leary, Colleen Taylor, Ernest Trapp, Nancy Kee, Hank Ray, Barbara Woodruff, Wilma J. Sexton, Tommy Lee Dustin Sheppard, Deborah Vasquez, Milagros Ganzalez-McAllister, Susan Gosner, Richard Merritt, Billy Harris, Mary Sparkman, Robert Curtis, Margie Black, Helen Dunn, Jeff Parks, Ceasar Ortega, Alphonso Hayes, Wanda Johnson, Barbara Harrell, Lawana Garrette, John Clark, Ruben Barrientes, James Butler, Roxie Hampton, Charles Cannon, Deanna Fouse, Marian D. Rundell, Katherine Orschel, Janiet Sheppard, Oswald Gooch, Timothy Waterman, John H. Anderson, Jr., Milton Jones, Mark Davis, Sr., William Hightower, James Mann, Donald Forgione, Michael Havice, Addie Huff, Patsy Nesselrodt, Jennifer Carter, Sonia Nicholas, Jerry Brittain, Michael Moody, Clarence Couisan, Martha Chapman, Donald Helire, Jay Gintz, Billy Alexander, Georgia Clanton, Gregory Ross, Catina Loggan, Susan Berry, Debbie Crear, Natalie Ross, Jose Serpa, Jean Wilson, Harry Gordon, Alberta Spicer, Diane Bakalyar, Perry Brown, Kelley Miears, Roberta Dunn, Nicky Carter, Susan Birk, Violet Martin, Cyndy McCugh, Roy McGhee, Robert Bivins, Kevin LeBlanc, Diana Lawrence, Lisa L. Becoat, Shelia Austin, Audrey Gore, Samuel Mwakamsha Yaa, Christy Dawn Sheppard, Jacqueline Young, Minnie Banks, Phyllis Marcum, Linda Lucas, Juan Gonzalez, Derrell Johnson, Belinda Didericksen, Raul Telles, Larry Matthews, David Lester Moore, James Walz, Patrick Utterback, Martha Sherill, Bailey Erwin, Bonnie Hopkins, Donnie Vernon Farrell, Sabir Hasan, Linda Ware, Rhudenia Williams, Jeffrey L. Brown, Sharon McCay, Harry Grimes, Bobby L. Taylor, Druella Maurras, Georgia Moton, Mark Jones, Charles Wood, Lester Speights, Eddie Billington, Carl Jarman, Wiley Williams, Jr., Mary Delaney, Jean Mitchell, Charles King, Larry Slaton, Vannessa Slaughter, Debra Underwood, William E. Williams, Kathy Abshire, Allen Rouse, Richard Rimkus, John Proples, Michael Caston, Francoisce Baker, John Key, Gilbert Corbello, Gary Sturgell, Marry Ann Harris, Victor Young, Carolyn Haley, Calvin Sheppard, Terry Martin, Raymond Hardin, Rose Williams, Lori Stewart, Richard Garry, Shirley Whiteside, Georgia Ishman, Marcia McKinley, Hubert Allen Royal, Cathy Terrell, Walter Harding, Stuart J. North, Canice North, Louis Karitenos, Valerie Rankow, Thelma J. Sharp, Terry D. Sharp, Author W. Scott, Dean Perkins, Norman Schwartz, Floreida Ray, Diane Horne, Sonja Davis, Sullivan Wilkerson, Thomas Mason, Shawntay Brown, Deanna Daily, David Ritz, Sarah Kelly, Peggy Spearman, William Ford, Michelle Dupree, Orlando Santiago, Audrey Cagle, James Alston, Linda Wright, Harlon Gholar, Joe Hudson, Travis Hosey, Angelo Johnson, Roy Hudson, Eli Harrington, Earl Y. Ragsdale, Lewis McLean, Ulrich Smith, Henry Collins, Rhonda Thompson, Nancy Greer, Betty Mays, Tyrone Irvan, Peggy Strange, Anthony Wendricks, Carolyn Sweeney, John Wigginton, Robert Born, Binwattie Sukhoo, Vanessa D. Hagger, Daphine Shepard, Leroy Scott, Martin O'Toole, Nancy O'Toole, Curtis Bruce McConnell, Larry Tincher, Nada Mann, Matthew R. McGhghy, Michael McGhghy, Todd McGhghy, Grady Parker, Richard McGhghy, Stephen T. McGhghy, Pamela J. McGhghy, Rual Gene Newton, Rhoda Robinson, Leonard Abernathy, Wayne Perry, Ernestine Samuels, Jerry Branham, Shirley Wilson, James Wilkins, Mary Phillips, Cody Ryan, Marina Eagle Elk, Lloyd Rosenbaum, Danna Shannon, Mackie J. Griffith, Jefferey V. Carvin, Judy Crawford, Patricia Liles, Joe C. Denmon, David Brooks, Mable Herrera, Myrna Negron, Vickie Tugger, John Moran, Christopher Roseboro, Carl Sharp, Sidney Coleman, Jr., Angela Davis, James Hunter, Marie Ann Mack, Jerry Jamal Evans, Charles Davis, Enos Miller, Thomas N. Biscardi, Gayle Sharp, Jean Biscardi, Calice May Fyffe, Nancy Poole, Mark Johnston, Sharon Schmidt, Larry O. Williams, Kelvin L. Gilchrist, Evelyn Patton, Eugene Neal, Toby Bell, Samuel W. Breeland, Lois Montgomery De La Vega, Demetrio Zamarripa, Martina Zamarripa, Joyce Whitaker and Addie Wilkerson |
Onglyza (Saxagliptin) and Kombiglyze (Saxagliton and Metformin) Products Liability Litigation MDL 2809, McKesson Corporation, Bristol-Myers Squibb Company, Inc., AstraZeneca Pharmaceuticals LP, IPR Pharmaceuticals, Inc., AstraZeneca LP and Elana Barnett |
5:2018md02809 |
February 2, 2018 |
US District Court for the Eastern District of Kentucky |
Lexington Office |
Fayette |
Karen K Caldwell |
Matthew A Stinnett |
Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
28 U.S.C. § 1332 Diversity-Product Liability |
Both |
Docket Report
This docket was last retrieved on December 19, 2022. A more recent docket listing may be available from PACER.
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Filing 799 USCA Case Number 22-6078 Case Manager Antoinette Macon for #798 Notice of Appeal. (STC) |
Filing 798 NOTICE OF APPEAL as to (740 in 5:18-md-02809-KKC-MAS) Order,, (594 in 5:18-md-02809-KKC-MAS) Order on Motion to Compel,,,, (797 in 5:18-md-02809-KKC-MAS) Judgment, (769 in 5:18-md-02809-KKC-MAS) Memorandum Opinion & Order,,,,, (796 in 5:18-md-02809-KKC-MAS, 796 in 5:18-md-02809-KKC-MAS) Order on Motion to Alter Judgment,, Order on Motion for Miscellaneous Relief, (206 in 5:18-md-02809-KKC-MAS) Order on Proposed Agreed Order,,,,,, (629 in 5:18-md-02809-KKC-MAS) Order on Motion to Compel,, (674 in 5:18-md-02809-KKC-MAS, 674 in 5:18-md-02809-KKC-MAS) Order on Motion for Miscellaneous Relief,,, Order on Motion to Strike,, (724 in 5:18-md-02809-KKC-MAS) Order,,, by Addie Wilkerson. Filing fee $ 505, receipt number KYEDC-5425047. Associated Cases:5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) |
Filing 797 JUDGMENT 1) judgment is entered in favor of defendants AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, and McKesson Corporation; 2) all remaining member cases in this MDL are CLOSED and STRICKEN from the Court's active docket; and 3) this judgment is FINAL and Appealable. Signed by Judge Karen K. Caldwell on 11/3/2022.Associated Cases: 5:18-md-02809-KKC-MAS et al.(STC)cc: COR,JPMDL |
Filing 796 OPINION AND ORDER: 1) the plaintiffs' Rule 59 motion (776 in 5:18-2809) to alter or amend the Court's Opinion and Order entered August 2, 2022 is DENIED; and 2) the defendants' motion (780 in 5:18-2809) to direct the clerk to enter final judgment pursuant to Rule 58 is GRANTED to the extent that it requests the Court to enter a final judgment in this matter. Signed by Judge Karen K. Caldwell on 11/3/2022. Associated Cases: 5:18-md-02809-KKC-MAS et al.(STC)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #781 MOTION to Request to Direct Clerk to Enter Final Judgment by AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-2809-KKE, et al. (KM) |
Filing 795 DISMISSAL WITHOUT PREJUDICE: Joint (788) Motion to Dismiss in case 5:18-md-02809-KKC-MAS; Joint (283) Motion to Dismiss in case 5:19-cv-00025-KKC GRANTED. Plaintiff's claims against IPR Pharmaceuticals are DISMISSEDwithout prejudice. Signed by Judge Karen K. Caldwell on 10/25/2022. Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00025-KKC(STC)cc: COR |
Filing 794 DISMISSAL WITHOUT PREJUDICE: Joint (789) Motion to Dismiss in case 5:18-md-02809-KKC-MAS; Joint (326) Motion to Dismiss in case 5:18-cv-00372-KKC GRANTED. Plaintiff's claims against AstraZeneca LP are DISMISSEDwithout prejudice. Signed by Judge Karen K. Caldwell on 10/25/2022. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00372-KKC(STC)cc: COR |
Filing 793 DISMISSAL WITHOUT PREJUDICE: Joint (790) Motion to Dismiss in case 5:18-md-02809-KKC-MAS; Joint (325) Motion to Dismiss in case 5:18-cv-00247-KKC GRANTED. Plaintiff's claims against AstraZeneca LP are DISMISSEDwithout prejudice. Signed by Judge Karen K. Caldwell on 10/25/2022. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00247-KKC(STC)cc: COR |
Filing 792 DISMISSAL WITHOUT PREJUDICE: JOINT (791) Motion to Dismiss in case 5:18-md-02809-KKC-MAS; JOINT (283) Motion to Dismiss in case 5:19-cv-00026-KKC GRANTED. Plaintiff's claims against IPR Pharmaceuticals are DISMISSEDwithout prejudice. Signed by Judge Karen K. Caldwell on 10/25/2022. Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00026-KKC(STC)cc: COR |
Filing 791 JOINT MOTION to Dismiss by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Proposed Order)(Browning, Carol) |
Filing 790 JOINT MOTION to Dismiss by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Proposed Order)(Browning, Carol) |
Filing 789 JOINT MOTION to Dismiss by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Proposed Order)(Browning, Carol) |
Filing 788 JOINT MOTION to Dismiss by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Proposed Order)(Browning, Carol) |
***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re (789 in 5:18-md-02809-KKC-MAS) JOINT MOTION to Dismiss by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation , (788 in 5:18-md-02809-KKC-MAS) JOINT MOTION to Dismiss by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation , (791 in 5:18-md-02809-KKC-MAS) JOINT MOTION to Dismiss by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation , (790 in 5:18-md-02809-KKC-MAS) JOINT MOTION to Dismiss by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00247-KKC, 5:18-cv-00372-KKC, 5:19-cv-00025-KKC, 5:19-cv-00026-KKC(KM) |
***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #787 Joint Status Report (KM) |
Filing 787 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Sneed, David) |
Filing 786 ORDER: The Court ORDERS as follows: 1. The (777) Motion to Substitute Party is GRANTED (DE 265 in 5:19-cv-112); 2. The Estate of Sullivan Wilkerson, by personal representative Addie Wilkerson is substituted as plaintiff in this action.. Signed by Judge Karen K. Caldwell on 10/14/2022. Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00112-KKC(KM)cc: COR |
Filing 785 ORDER re (774 in 5:18-md-02809-KKC-MAS) Stipulation of Dismissal, filed by AstraZeneca LP, McKesson Corporation, AstraZeneca Pharmaceuticals LP, Robert Ervin, Rose Williams, Donald Forgione, Bristol-Myers Squibb Company, Inc., Oswald Gooch, Georgia Clanton, (274 in 5:19-cv-00026-KKC) Stipulation of Dismissal filed by McKesson Corporation, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., (316 in 5:18-cv-00247-KKC) Stipulation of Dismissal filed by AstraZeneca LP, McKesson Corporation, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, (274 in 5:19-cv-00025-KKC) Stipulation of Dismissal filed by McKesson Corporation, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., (317 in 5:18-cv-00372-KKC) Stipulation of Dismissal filed by AstraZeneca LP, McKesson Corporation, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company: the motions are DENIED because they are not signed by the moving plaintiffs. Instead, in what appears to be a clerical error, they are signed by counsel for plaintiff Oswald Gooch. Signed by Judge Karen K. Caldwell on 10/12/2022.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00247-KKC, 5:18-cv-00372-KKC, 5:19-cv-00025-KKC, 5:19-cv-00026-KKC(STC)cc: COR |
Filing 784 DISMISSAL re (767 in 5:18-md-02809-KKC-MAS, 314 in 5:18-cv-00147-KKC) Suggestion of Death filed by David Lester Moore. Accordingly, pursuant to Federal Rule of Civil Procedure 25(a)(1), the Court hereby ORDERS that this action is DISMISSED. Signed by Judge Karen K. Caldwell on 10/12/2022.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00147-KKC(STC)cc: COR,JPMDL |
NOTICE OF DOCKET MODIFICATION TO Jennifer Moore re (783 in 5:18-md-02809-KKC-MAS) REPLY; Error: a link was not created to the Motion; Entry by attorney; Clerk modified the entry to create a link to the Motion, thereby placing the reply on the Judge's motion report. In the future, create a link to the subject motion. The appropriate event is Reply to Response to Motion. No further action required by counsel. cc: COR Associated Cases: 5:18-md-02809-KKC-MAS et al.(KM) |
***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #776 MOTION to Alter Or Amend by David Taylor, Leatha Taylor as to ( #769 in 5:18-md-02809-KKC-MAS) Memorandum Opinion & Order. Associated Cases: 5:18-md-2809-KKC et al. (KM) |
Filing 783 REPLY to #776 Plaintiffs' Rule 59 Motion to Alter or Amend the Court's Opinion and Order Entered August 2, 2022 filed by David Taylor, Leatha Taylor. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) Modified to link to motion on 10/4/2022 (KM). |
Filing 782 NOTICE OF FILING re #781 Motion to Direct Clerk to Enter Final Judgment by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Proposed Order Proposed Order Denying Pl's Rule 59 Motion)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) Modified text on 9/23/2022 (KM). |
NOTICE OF DOCKET MODIFICATION & NOTICE OF DEFICIENCY TO Carol Browning re #779 REPLY; Error 1: Attorney filed the document in the master case only. 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 re-filed the document in the master and spread to all related member cases. No further action required by counsel as to this error. Error 2: The incorrect event "Reply" was selected. This is a response and a Motion. Entry by Attorney; Clerk re-filed the document as a "Response in Opposition" and a "Motion" so the response and motion relief would show properly on the Judge's motion report. No further action by counsel as to this error. Error 3: Attorney failed to submit a proposed order when requesting a motion relief. Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing", file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR (KM) |
Filing 781 MOTION to Request to Direct Clerk to Enter Final Judgment by AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al. Re-filed pursuant to QC. (KM) Modified on 9/20/2022 (KM). (Additional attachment(s) added on 9/23/2022: #1 Proposed Order) (KM). |
Filing 780 RESPONSE in Opposition by by AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation re #776 MOTION to Alter Judgment by David Taylor, Leatha Taylor as to (769 in 5:18-md-02809-KKC-MAS) Memorandum Opinion & Order. Re-Filed pursuant to QC. Associated Cases: 5:18-md-02809-KKC-MAS et al.(KM) |
Filing 779 INCORRECTLY FILED - REPLY Plaintiffs' Rule 59 Motion filed by AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. (Browning, Carol) Modified on 9/20/2022 (KM). See DE #780 and #781 for the Correct entries of this filing. |
***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #778 Status Report (KM) |
Filing 778 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. (Browning, Carol) |
***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re (265 in 5:19-cv-00112-KKC) MOTION to Substitute Party by Sullivan Wilkerson , (777 in 5:18-md-02809-KKC-MAS) MOTION to Substitute Party by Sullivan Wilkerson Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00112-KKC(KM) |
NOTICE OF DOCKET MODIFICATION TO Jennifer Moore re (265 in 5:19-cv-112-KKC) MOTION to Substitute Party by Sullivan Wilkerson. ***Error: Attorney filed the document in the individual member case file only. Pursuant to the Court's Practice & Procedure Order (Entry 3 in 5:18-md-2809) 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 re- filed the document in the master and member case files]. No further action required by counsel as to this error. cc: COR Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00112-KKC(KM) |
Filing 777 MOTION to Substitute Party by Sullivan Wilkerson (Attachments: #1 Exhibit A - Order Appointing Addie Wilkerson as Personal Representative of the Estate of Sullivan Wilkerson, #2 Proposed Order)(KM) Filed in the 5:18-md-280-KKC per QC, originally filed in 5:19-cv-112-KKC at DE 265. |
Filing 776 MOTION to Alter or Amend by David Taylor, Leatha Taylor as to ( #769 in 5:18-md-02809-KKC-MAS) Memorandum Opinion & Order (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) Modified text on 8/31/2022 (KM). |
Filing 775 RESPONSE to (270 in 5:19-cv-00025-KKC) Defs' Submission Re Open Cases Pursuant to August 2, 2022 Opinion and Order filed by AstraZeneca LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00247-KKC, 5:18-cv-00372-KKC, 5:19-cv-00025-KKC, 5:19-cv-00026-KKC(Browning, Carol) |
Filing 774 STIPULATION of Dismissal by AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., Georgia Clanton, Robert Ervin, Donald Forgione, Oswald Gooch, McKesson Corporation, Rose Williams. Filed in individual cases and re-filed herein for case management purposes. (Attachments: #1 Gooch, #2 Ervin, #3 Clanton, #4 Williams)(STC) |
NOTICE OF DOCKET MODIFICATION TO Carol Browning re #774 Stipulation of Dismissal. Error: Attorney filed the documents in the individual member case files only. Pursuant to the Court's Practice & Procedure Order (Entry 3 in 5:18-md-2809) 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 added the documents to the master case. 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 (STC) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #773 Status Report (STC) |
Filing 773 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 772 ORDER re (766 in 5:18-md-02809-KKC-MAS, 235 in 5:19-cv-00302-KKC) Notice of Voluntary Dismissal filed by Mary Phillips: this individual case is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 8/4/2022.Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00302-KKC(STC)cc: COR,MDL |
Filing 771 SUPPLEMENTAL REPLY TO PLAINTIFFS' SUPPLEMENTAL BRIEF IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT re #750 to #746 Motion for Summary Judgment (750 in 5:18-md-02809-KKC-MAS) filed by AstraZeneca Pharmaceuticals LP, Bristol Myers Squibb, Bristol Myers Squibb Company, Bristol-Meyer Squibb Co., Inc., Bristol-Meyers Squibb Company, Bristol-Myers Squibb Company, Bristol-Myers Squibb Company, Inc., McKesson Corp, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(KM) |
Filing 770 SUPPPLEMENTAL BRIEF IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT re #749 Response to #746 Motion for Summary Judgment (749 in 5:18-md-02809-KKC-MAS) filed by Defendants Associated Cases: 5:18-md-02809-KKC-MAS et al.(KM) |
Filing 769 OPINION & ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DE #746 ) AND PLAINTIFFS' MOTION TO MODIFYING SCHEDULING ORDER (DE #748 ) AND TO FILE A SUPPLEMENTAL BRIEF (DE #757 ) :1. Defendants' #746 motion for summary judgment is GRANTED; 2. Plaintiffs' #748 motion to modify the scheduling order and to stay ruling on this motion for summary judgment is DENIED; 3. Plaintiffs' #630 motion to exclude the testimony of Dr. Michael Fowler is DENIED as moot; 4. Plaintiffs' #757 motion for leave to file supplemental response brief is GRANTED and the Clerk of court SHALL FILE in the record the tendered supplemental response brief (DE #757 -2) and the tendered supplemental reply brief (DE #760 -1); 5. Plaintiffs' motion for hearing is DENIED, the Court finding that the partieshave more than adequately briefed the motions currently before the Court and that a hearing is not necessary; and 6. Within 21 days of the entry of this Opinion & Order, defendants SHALL FILE in this MDL Master File 5:18-2809 a list of all open cases that name defendants other than AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, and McKesson Corporation (the defendants who moved for summary judgment).. Signed by Judge Karen K. Caldwell on 8/2/2022.Associated Cases: 5:18-md-02809-KKC-MAS et al.(KM)cc: COR |
***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #767 Suggestion of Death of David Moore, Associate Case 5:18-cv-147-KKC; #768 Joint Status Report (KM) |
Filing 768 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Samuel Breeland, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 767 SUGGESTION OF DEATH Upon the Record by David Moore. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00147-KKC(Becker, Timothy) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #766 Notice of Voluntary Dismissal (STC) |
Filing 766 NOTICE of Voluntary Dismissal by Mary Phillips Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00302-KKC(Mendenhall, Calle) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #765 Joint Status Report (STC) |
Filing 765 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 764 ORDER: granting (762) Motion to Substitute Party; granting (297) Motion to Substitute Party. The Estate of Wilma J. Sexton, by Personal Representative Joyce Whitaker, is SUBSTITUTED as Plaintiff in the instant action with the authority to maintain, prosecute, and settle this action. Signed by Judge Karen K. Caldwell on 6/13/2022. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00510-KKC(STC)cc: COR |
Filing 763 ORDER: granting (761) Motion for Extension of Time in case 5:18-md-02809-KKC-MAS; granting (256) Motion for Extension of Time in case 5:19-cv-00112-KKC. Plaintiff has until September 13, 2022 to file the Motion to Substitute Proper Party Pursuant to FRCP 25. Signed by Judge Karen K. Caldwell on 6/13/2022. Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00112-KKC(STC)cc: COR |
NOTICE OF DOCKET MODIFICATION TO Jennifer Moore re #761 MOTION for Extension of Time by Sullivan Wilkerson. Error: Attorney filed the motion in the individual member case file only. Pursuant to the Court's Practice & Procedure Order, attorney should have filed the document in the master case and spread text to each related individual member case; Entry by Attorney; Correction: Clerk re-filed the motion in the master case. No further action required by counsel. 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 (STC) |
NOTICE OF DOCKET MODIFICATION TO Ashton Smith re #762 MOTION to Substitute Party by Wilma Sexton. Error: Attorney filed the motion in the individual member case file only. Pursuant to the Court's Practice & Procedure Order, attorney should have filed the document in the master case and spread text to each related individual member case; Entry by Attorney; Correction: Clerk re-filed the motion in the master case. No further action required by counsel. 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 (STC) |
Filing 762 MOTION to Substitute Party by Wilma Sexton (Attachments: #1 Exhibit A - Order Appointing Administratrix, #2 Exhibit B - Proposed Order) Filed pursuant to QC of 5:18-cv-510Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00510-KKC(STC) |
Filing 761 MOTION for Extension of Time to Move to Substitute Proper Party Pursuant to FRCP 25 by Sullivan Wilkerson. (Attachments: #1 6-6-22 Email Confirming Unopposed, #2 Proposed Order) Filed pursuant to QC of 5:19-cv-112Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00112-KKC(STC) |
NOTICE OF DOCKET MODIFICATION TO Emily Ullman re #760 Response in Opposition to Motion: Error: a link was not created to the related document #757 Motion for Leave to File; Clerk modified entry to create the link thereby placing the response on the Judge's motion report. In the future, create a link to the subject motion. No further action required by counsel. cc: COR (KM) |
***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #759 Joint Status Report (KM) |
Filing 760 RESPONSE in Opposition re #757 Plaintiffs' Motion for Leave to File Supplemental Opposition filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. (Attachments: #1 Exhibit A - Proposed Supplemental Reply)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified link on 5/17/2022 (KM). |
Filing 759 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 758 ORDER: IT IS ORDERED that Defendant's #751 Motion to File Under Seal Exhibits 6 & 7 to the Declaration of Emily Ullman in Support of Defendants' Reply in Support of their Motion for Summary Judgment is GRANTED. Signed by Judge Karen K. Caldwell on 5/16/2022.Associated Cases: 5:18-md-02809-KKC-MAS et al.(KM)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #748 MOTION for Order by David Taylor, Leatha Taylor(5:18-cv-53 - Individually) Modifying Scheduling Order, #757 MOTION for Leave by David Taylor, Leatha Taylor(5:18-cv-53 - Individually) to file Supplemental Brief In Support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment (STC) |
Filing 757 MOTION for Leave by David Taylor, Leatha Taylor(5:18-cv-53 - Individually) to file Supplemental Brief In Support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order, #2 Exhibit A - Supplemental Brief In Support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) |
Filing 756 REPLY BRIEF to (748 in 5:18-md-02809-KKC-MAS), (749 in 5:18-md-02809-KKC-MAS) filed by David Taylor, Leatha Taylor(5:18-cv-53 - Individually). (Attachments: #1 Exhibit 1 - 2022 AHA/ACC/HFSA Guideline for the Management of Heart Failure)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) |
Filing 755 NOTICE by Lisa Arlene Peoples, Gregory Ross, Anita Rochelle Holland, Teresa Ann Freeman of Withdrawal of Neil D. Overholtz from the Docket (Attachments: #1 Exhibit A)Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00055-KKC, 5:18-cv-00070-KKC, 5:18-cv-00150-KKC, 5:18-cv-00162-KKC(Geisler, Ephraim) |
***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #754 Joint Status Report (KM) |
Filing 754 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 753 RESPONSE in Opposition #748 to Motion to Modify Scheduling Order filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 4/12/2022 (KM). |
***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: MOTION for leave to Seal a Document by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, (746 in 5:18-md-02809-KKC-MAS) MOTION for Summary Judgment by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation Associated Cases: 5:18-md-02809-KKC-MAS et al.(KM) Modified on 4/6/2022 (STC). |
Filing 752 SEALED DOCUMENT re #750 Reply Sealed pursuant to MOTION TO SEAL re #751 MOTION for leave to Seal a Document by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Exhibit 7 - ONG007603010) (Ullman, Emily) Modified on 5/16/2022 (KM). |
Filing 751 MOTION for leave to Seal a Document by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 750 REPLY to #749 Response to #746 Motion for Summary Judgment filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. (Attachments: #1 Affidavit of E. Ullman, #2 Exhibit 6 - Filed Under Seal, #3 Exhibit 7 - Filed Under Seal)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified on 4/5/2022 (KM). (Additional attachment(s) added on 5/16/2022: #4 Sealed Exhibit 6, #5 Sealed Exhibit 7) (KM). |
Filing 749 RESPONSE in Opposition re (746 in 5:18-md-02809-KKC-MAS) MOTION for Summary Judgment by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation filed by David Taylor, Leatha Taylor(5:18-cv-53 - Individually). (Attachments: #1 Declaration of Jennifer A. Moore In Support of Plaintiffs' Opposition, #2 Exhibit 1 - Onglyza Highlights of Prescribing Information, #3 Exhibit 2 - April 5, 2016 FDA Drug Safety Communication, #4 Exhibit 3 - Dr. Wells' Expert Report, #5 Exhibit 4 - Dr. Wells' Rebuttal Report, #6 Exhibit 5 - AHA Scientific Statement, #7 Exhibit 6 - Scirica, et al., Saxagliptin and Cardiovascular Outcomes in Patients with Type 2 Diabetes, #8 Exhibit 7 - Dr. Ycas' Hospitalization for Heart Failure, #9 Exhibit 8 - April 14, 2015 FDA's Endocrinologic and Metabolic Drugs Advisory Committee Transcr., #10 Exhibit 9 - Aug. 9, 2021 Daubert Proceedings Transcript, #11 Exhibit 10 - Toh, S., et al. (2016), #12 Exhibit 11 - Fu, A.Z., et al. (2016), #13 Exhibit 12 - Fadini, G.P., et al. (2017), #14 Exhibit 13 - Chang, C.H., et al. (2016), #15 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) |
Filing 748 MOTION for Order by David Taylor, Leatha Taylor(5:18-cv-53 - Individually) Modifying Scheduling Order (Attachments: #1 Declaration of Jennifer A. Moore In Support, #2 Declaration of Timothy M. Clark In Support, #3 Exhibit 1 - Dr. Wells' Expert Report, #4 Exhibit 2 - Dr. Wells' Rebuttal Report, #5 Exhibit 3 - Onglyza, Highlights of Prescribing Information, #6 Exhibit 4 - April 5, 2016 FDA Drug Safety Communication, #7 Exhibit 5 - Dr. Ycas' Hospitalization for Heart Failure, #8 Exhibit 6 - AHA Scientific Statement, #9 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) |
***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #747 Status Report (KM) |
Filing 747 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 746 MOTION for Summary Judgment by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Affidavit of E. Ullman, #2 Exhibit 1 - 53-Jurisdiction Survey, #3 Exhibit 2 - Report of Dr. W. Abraham, #4 Exhibit 3 - Report of Dr. M. Fowler, #5 Exhibit 4 - Scirica 2014, #6 Exhibit 5 - Report of Dr. P. Goyal, #7 Proposed Order)(Ullman, Emily) |
Filing 745 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 744 CASE MANAGEMENT ORDER NO. 10: The Court ORDERS as follows: 1. Defendants MUST FILE any summary judgment motion on or before 2/28/2022; 2. Plaintiffs MUST FILE any response to the summary judgment motion on or before 3/21/2022; and 3. Defendants MUST FILE any reply brief on or before 4/4/2022. Signed by Judge Karen K. Caldwell on 2/10/2022.Associated Cases: 5:18-md-02809-KKC-MAS et al.(KM)cc: COR |
Filing 743 JOINT STATUS REPORT Regarding Summary Judgment Briefing by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 742 ORDER: 1) w/in 21 days, parties SHALL FILE a proposed briefing schedule for summary judgment motions; and 2) if the parties are unable to agree on a briefing schedule, then each party shall file a proposed briefing schedule. Signed by Judge Karen K. Caldwell on 1/19/2022.Associated Cases: 5:18-md-02809-KKC-MAS et al.(STC)cc: COR |
***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #741 Joint Status Report (KM) |
Filing 741 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 740 OPINION AND ORDER ON MOTION TO EXCLUDE EXPERTS (DE 626, 630, 633, 635): 1. The defendant's motion to exclude testimony of Dr. Parag Goyal #636 is GRANTED; 2. The plaintiff's motion to excluded the testimony of Dr. Suneil Koliwad #630 is DENIED; 3. The plaintiff's motion to exclude testimony of Dr. Eric Adler #633 is DENIED; 4. The plaintiff's motion to exclude the testimony of Dr. Todd Lee #635 is DENIED. Signed by Judge Karen K. Caldwell on 1/5/2022.Associated Cases: 5:18-md-02809-KKC-MAS et al.(KM)cc: COR |
***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #739 Status Report (KM) |
Filing 739 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
NOTICE OF DOCKET MODIFICATION TO Milan Pucelj re Notice of Appearance filed as (330 in 5:18-cv-53), (298 in 5:18-cv-151),(279 in 5:18-cv-554), (248 in 5:19-cv-25), (203 in 5:19-cv-393). Error: Attorney filed the document in the individualmember case file only. Pursuant to the Court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) 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 added counsel of record referenced in the Notices to the master case. 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 (KM) |
Attorney Update. Attorney Milan Pucelj for Jefferey V. Carvin,Milan Pucelj for Georgia Clanton,Milan Pucelj for Colleen Taylor,Milan Pucelj for Leatha Taylor,Milan Pucelj for Rose Williams,Milan Pucelj for Jean Wilson added. (KM) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #738 Joint Status Report (CBD) |
Filing 738 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #737 Joint Status Report (CBD) |
Filing 737 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 736 ORDER: motion (filed as 734 in 5:18-md-2809, et al) is GRANTED. Laurel Li Harris is allowed to withdraw from further representation of the listed Plaintiffs. Timothy W. Porter and the law firm of Porter & Malouf, P.A. will continue torepresent the Plaintiffs. Signed by Judge Karen K. Caldwell on 10/15/2021.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 735 ORDER: motion (filed as 734 in 5:18-md-2809, et al) isGRANTED. Laurel Li Harris is allowed to withdraw from further representation of the listedPlaintiffs. Timothy W. Porter and the law firm of Porter & Malouf, P.A. will continue torepresent the Plaintiffs. Signed by Judge Karen K. Caldwell on 10/15/2021. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #734 MOTION to Withdraw as Attorney by Laurel Li Harris (CBD) |
Attorney Update. Attorney Laurel Li Harris terminated. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Filing 734 MOTION to Withdraw as Attorney by Shirley Nail, Hank Ray, William E. Williams, Carolyn Sweeney, Richard Garry, Nancy Greer, Peggy Strange, Deanna Daily, Susan Birk, Daphine Shepard, Linda Lucas, Robert Curtis, Sarah Kelly, Jennifer Carter, Joe Hudson, Peggy Spearman, Carolyn Haley, Audrey Cagle, Mary Delaney, Janiet Sheppard, Clarence Couisan, Charles Cannon, Jean Mitchell, Jacqueline Young, Guadalupe Ybarra, John H. Anderson, Jr, Helen Dunn, Eddie Billington, Linda Wright, Alberta Spicer, Donnie Vernon Farrell, Calvin Sheppard, Anthony Wendricks, Martha Chapman, John Wigginton, Travis Hosey, John Howard, Jr, Roy McGhee, Belinda Didericksen, Thomas Mason, Donald Jackson, Michael Caston, Angelo Johnson, Elmer Leary, Marcia McKinley, David Ritz, Gilbert Corbello, Richard Rimkus, Roberta Dunn, Donald Helire, Tyrone Irvan, Juan Gonzalez, Michael Moody, Shawntay Brown, Orlando Santiago, Kevin LeBlanc, Rhonda Thompson, Rhonda Thompson, William Ford, Lewis McLean, Cynthia Humphrey, Michelle Dupree (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Harris, Laurel) Modified event on 10/15/2021 (CBD). |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #733 Joint Status Report (CBD) |
Filing 733 JOINT STATUS REPORT by David Taylor. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00053-KKC(Moore, Jennifer) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: Parties Pst-Daubert Hearing cross briefs #714 , #715 , #716 , #717 , #718 , #719 , #720 , #721 , #722 and the parties Post Daubert Hearing Response Briefs #725 , #726 , #727 , #728 , #729 , #730 , #731 , #732 . (CBD) |
Filing 732 REPLY to Post Daubert/Sargon Hearing Brief Regarding Defendants' Motion to Exclude Parag Goyal, MD filed by David Taylor. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) |
Filing 731 REPLY to Response to Motion re (626 in 5:18-md-02809-KKC-MAS) REDACTED MOTION to Exclude by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation the Testimony of Plaintiffs' Expert Parag Goyal, MD filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 730 REPLY to Defendants' Post-Daubert/Sargon Hearing Opposition to Plaintiffs' Motion to Exclude Defendants' General Causation Cardiology, Dr. Eric Adler, or, in the Alternative, to Limit His Testimony filed by David Taylor. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) |
Filing 729 REPLY to Defendants' Post-Daubert/Sargon Hearing Opposition to Plaintiffs' Motion to Exclude the Testimony of Defendants' Expert Todd Lee, Ph.D., Pharmd filed by David Taylor. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) |
Filing 728 REPLY TO DEFENDANTS POST-DAUBERT/SARGON HEARING OPPOSITION TO MOTION TO EXCLUDE DR. SUNEIL KOLIWAD filed by David Taylor. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) Modified text on 9/14/2021 (CBD). |
Filing 727 REPLY IN FURTHER OPPOSITION TO PLAINTIFFS POST-DAUBERT/SARGON HEARING BRIEF IN SUPPORT OF PLAINTIFFS MOTION TO EXCLUDE THE EXPERT TESTIMONY OF DR. TODD LEE filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 9/13/2021 (CBD). |
Filing 726 REPLY IN FURTHER OPPOSITION TO PLAINTIFFS POST-DAUBERT/SARGON HEARING BRIEFING IN SUPPORT OF MOTION TO EXCLUDE DR. SUNEIL KOLIWAD filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 9/13/2021 (CBD). |
Filing 725 REPLY IN FURTHER OPPOSITION TO PLAINTIFFS POST-DAUBERT/SARGON HEARING BRIEF IN SUPPORT OF PLAINTIFFS MOTION TO EXCLUDE DEFENDANTS GENERAL CAUSATION CARDIOLOGIST, DR. ERIC ADLER, OR IN THE ALTERNATIVE, TO LIMIT HIS TESTIMONY filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 9/13/2021 (CBD). |
Filing 724 ORDER ON DEFENDANTS' MOTION TO STRIKE #701 : Court granted MOTION to Strike as to documents that 1) plaintiffs experts did not rely on in forming their opinions; and 2) were disclosed by defendants or available in public domain prior to time plaintiffs' expert reports submitted to defendants #707 at 5-11. Defendants move to exclude the testimony of Dr. Parag Goyal and Court explained late-disclosed document irrelevant to determining reliability of Dr. Goyal's opinion. For same reasons, documents would be irrelevant to testimony of plaintiffs' expert Dr. Martin T. Wells, whom defendants have not moved to exclude #707 at 10-11. Court permitted plaintiffs to use portion of Plaintiffs' Exhibit 22 to impeach proposed defense expert Dr. Todd A. Lee #712 at 177-182. Plaintiffs' counsel did not seek to use any of the other late disclosed documents for impeachments purposes #712 at 182. Signed by Judge Karen K. Caldwell on September 1, 2021.(SKV) cc: COR |
Filing 723 ORDER REGARDING EXTENSION OF POST-DAUBERT HEARING RESPONSE BRIEF DEADLINE: parties SHALL FILE response briefs to the post-Daubert hearing opening briefs on or before September 10, 2021. All other instructions in the Court's August 18, 2021 order remain in effect. Signed by Judge Karen K. Caldwell on September 1, 2021. (SKV) cc: COR |
Set Deadlines/Hearings: Response briefs to the post-Daubert hearing opening briefs due by 9/10/2021. (SKV) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #722 Proposed Agreed Order AS TO POST-DAUBERT/SARGON HEARING REPLY BRIEFS (CBD) |
Filing 722 Proposed Agreed Order AS TO POST-DAUBERT/SARGON HEARING REPLY BRIEFS by Carolyn Williams. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) |
Filing 721 POST-DAUBERT/SARGON HEARING BRIEF REGARDING DEFENDANTS MOTION TO EXCLUDE THE TESTIMONY OF PLAINTIFFS EXPERT, PARAG GOYAL, M.D., MSc, FACC filed by Carolyn Williams. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text on 9/2/2021 (CBD). |
Filing 720 POST-HEARING SUPPLEMENTAL MEMORANDUM IN SUPPORT OF DEFENDANTS MOTION ( #626 in 5:18-md-2809) TO EXCLUDE THE TESTIMONY OF PLAINTIFFS EXPERT PARAG GOYAL, M.D. re Bristol-Myers Squibb Company, Inc., McKesson Corporation filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 9/2/2021 (CBD). |
Filing 719 POST-DAUBERT/SARGON HEARING BRIEF IN SUPPORT OF PLAINTIFFS MOTION TO EXCLUDE THE EXPERT TESTIMONY OF DR. TODD LEE filed by Carolyn Williams. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified on 9/2/2021 (CBD). |
Filing 718 POST-DAUBERT/SARGON HEARING BRIEF IN SUPPORT OF PLAINTIFFS MOTION TO EXCLUDE DEFENDANTS GENERAL CAUSATION CARDIOLOGIST, DR. ERIC ADLER, OR, IN THE ALTERNATIVE, TO LIMIT HIS TESTIMONY filed by Carolyn Williams. (Attachments: #1 Exhibit 1 - Dr. Adler Expert Report, #2 Exhibit 2 - 8/11 Hearing Transcript, #3 Exhibit 3 - Deposition of Dr. Adler, #4 Exhibit 4 - Comparison Demonstrative, #5 Exhibit 5 -Monyak Email, #6 Exhibit 6 - FDA Transcript Excerpts)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) |
Filing 717 POST-DAUBERT/SARGON HEARING BRIEFING IN SUPPORT OF MOTION TO EXCLUDE DR. SUNEIL KOLIWAD filed by Carolyn Williams. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text on 8/27/2021 (CBD). |
Filing 716 POST-HEARING SUPPLEMENTAL OPPOSITION to Motion to Exclude Dr. Lee Based on Hearing Testimony filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 8/27/2021 (CBD). |
Filing 715 POST-HEARING SUPPLEMENTAL OPPOSITION to Motion to Exclude Dr. Adler Based on Hearing Testimony filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 8/27/2021 (CBD). |
Filing 714 POST-HEARING SUPPLEMENTAL OPPOSITION TO to Motion to Exclude Dr. Koliwad based on Hearing Testimony filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 8/27/2021 (CBD). |
Filing 713 ORDER: 1) The parties SHALL file cross-briefs for each expert witness on or before August 27, 2021. The cross-briefs SHALL NOT exceed 20 pages; 2) the parties SHALL FILE response briefs to the opening briefs on or before September 3, 2021. The response briefs SHALL NOT exceed 10 pages; and 3) all briefs SHALL include appropriate citations to the official transcripts filed in the record. Signed by Judge Karen K. Caldwell on 8/18/2021.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 712 TRANSCRIPT of Proceedings: DAUBERT/SARGON hearing held on 8/11/2021 before Judge Caldwell. Court Reporter: Linda Mullen, Telephone number (859) 469-7459. Transcript ordered by: Emily Ullman. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/13/2021. Redacted Transcript Deadline set for 9/23/2021. Release of Transcript Restriction set for 11/19/2021. |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #711 Status Report Regarding Proposed Daubert Briefing Schedule (CBD) |
Filing 711 JOINT STATUS REPORT Regarding Proposed Daubert Briefing Schedule by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 710 TRANSCRIPT of Proceedings: DAUBERT/SARGON hearing held on 8/10/2021 before Judge Caldwell. Court Reporter: Linda Mullen, Telephone number (859) 469-7459. Transcript ordered by: EMILY ULLMAN. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/10/2021. Redacted Transcript Deadline set for 9/20/2021. Release of Transcript Restriction set for 11/18/2021. |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #709 Joint Status Report (CBD) |
Filing 709 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 708 TRANSCRIPT REQUEST by David Taylor for proceedings held on 08/09/2021 to 08/11/2021 before Judge Karen K. Caldwell.. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) |
Filing 707 TRANSCRIPT of Proceedings: DAUBERT/SARGON hearing held on 8/9/2021 before Judge Caldwell. Court Reporter: Linda Mullen, Telephone number (859) 469-7459. Transcript ordered by: EMILY ULLMAN. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/10/2021. Redacted Transcript Deadline set for 9/20/2021. Release of Transcript Restriction set for 11/18/2021. |
Filing 706 EXHIBIT AND WITNESS LIST re Daubert Hearing held 8/9/2021 - 8/11/2021. (TDA) |
Filing 705 MINUTE ENTRY ORDER FOR DAUBERT HEARING: proceedings held on 8/11/2021 before Judge Karen K. Caldwell; 1) for record purposes in this case, the Court recognizes the appearance of Attorney David N. Sneed for representation of the Defendants. 2) The parties will submit to both the MDL and JCCP courts a proposed schedule for post-hearing summary briefs on the motions. (Court Reporter LINDA MULLEN) (TDA) cc: COR |
Filing 704 MINUTE ENTRY ORDER FOR DAUBERT HEARING held on 8/10/2021 before Judge Karen K. Caldwell: The Court continued the Daubert Hearing and counsel appeared as noted. IT IS ORDERED as follows: 1) For the reasons stated on the record, the parties SHALL NOT question witnesses regarding the MEASURE-HF study; and2) The Daubert hearing is hereby CONTINUED to Wednesday, August 11, 2021 at 9:00 a.m., at Covington, Kentucky.(Court Reporter Linda Mullen.) (CBD)cc: COR & Cov D |
Attorney Update. Attorney David Sneed added for dfts AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., IPR Pharmaceuticals, Inc., McKesson Corporation, per appearance at Daubert Hearing. CLERK'S NOTE: MDL ECF Registration Form mailed via US Mail. (TDA) |
Filing 703 MINUTE ENTRY ORDER FOR DAUBERT MOTIONS HEARING held on 8/9/2021 before Judge Karen K. Caldwell: the Court hereby GRANTS the Emergency Motion in BOTH cases with a written opinion issued separately. IT IS ORDERED that the Daubert hearing is hereby CONTINUED to Tuesday, August 10, 2021 at 9:00 a.m., at COVINGTON, Kentucky. (Court Reporter Linda Mullen.) Associated Cases: 5:18-md-02809-KKC-MAS et al. (CBD)cc: COR Modified file date on 8/12/2021 (TDA). |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #701 EMERGENCY MOTION to Strike Untimely Expert Rreliance Materials by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (CBD) |
Filing 702 RESPONSE in Opposition re (701 in 5:18-md-02809-KKC-MAS) EMERGENCY MOTION to Strike by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation filed by David Taylor. (Attachments: #1 Exhibit 1 -Dr. Wells' Supplemental Materials Considered List, #2 Exhibit 2 - Dr. Parag's Supplemental Materials Considered List, #3 Exhibit 3 - Defendants' experts' Supplemental Materials Considered Lists)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) |
Filing 701 EMERGENCY MOTION to Strike Untimely Expert Rreliance Materials by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Proposed Order)(Ullman, Emily) Modified text on 8/9/2021 (CBD). |
Filing 700 RESPONSE to Court's Order Regarding Electronic Devices (Dkt. 698) filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 699 ORDER REGARDING ELECTRONIC DEVICES AT DAUBERT HEARINGS: motion (DE #698 in case 5:18-md-02809-KKC-MAS) for permission to use electronic devices, including cellular phones, laptops, and tablets, in the courtroom during the Daubert hearings is GRANTED. All counsel, staff, and party representatives may use electronic devices in the courtroom during the hearings. The Court further ORDERS as follows: 1) all sound on all devices must be silenced unless the sound is part of the presentation to the Court. If any device makes any sound that disrupts the hearings, the Court will confiscate the device for the remainder of the hearings and the owner of the device will be ejected from the courtroom. 2) No person may use electronic devices to record while in the courthouse. 3) By 3:00 p.m. Friday, August 6, 2021, plaintiffs and defendants SHALL FILE a list with the names of the individuals who will bring electronic devices into the courtroom. The court security officers will permit only those individuals on the list to bring electronic devices into the courtroom.. Signed by Judge Karen K. Caldwell on 8/4/2021. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR and Cov Clerk |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #698 DEFENDANTS' MOTION for Leave To Permit Use of Electronic Devices (laptops and cell phones) in Courtroom by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (CBD) |
Filing 698 MOTION for Leave by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation To Permit Use of Electronic Devices in Courtroom Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #697 Joint Status Report (CBD) |
Filing 697 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #691 MOTION TO CLARIFY REGARDING ATTENDANCE OF as to Dr. Fowler (CBD) |
Motion terminated per Order (R. #696 in 5:18-md-2809, et a;) : in case 5:18-md-02809-KKC-MAS; granting (294) Motion to Clarify in case 5:18-cv-00053-KKC; granting (328) Motion to Clarify in case 5:18-cv-00054-KKC; granting (285) Motion to Clarify in case 5:18-cv-00055-KKC; granting (337) Motion to Clarify in case 5:18-cv-00056-KKC; granting (292) Motion to Clarify in case 5:18-cv-00057-KKC; granting (281) Motion to Clarify in case 5:18-cv-00062-KKC; granting (337) Motion to Clarify in case 5:18-cv-00063-KKC; granting (292) Motion to Clarify in case 5:18-cv-00065-KKC; granting (305) Motion to Clarify in case 5:18-cv-00066-KKC; granting (283) Motion to Clarify in case 5:18-cv-00067-KKC; granting (315) Motion to Clarify in case 5:18-cv-00070-KKC; granting (311) Motion to Clarify in case 5:18-cv-00074-KKC; granting (297) Motion to Clarify in case 5:18-cv-00076-KKC; granting (292) Motion to Clarify in case 5:18-cv-00077-KKC; granting (301) Motion to Clarify in case 5:18-cv-00078-KKC; granting (330) Motion to Clarify in case 5:18-cv-00079-KKC; granting (281) Motion to Clarify in case 5:18-cv-00072-KKC; granting (285) Motion to Clarify in case 5:18-cv-00073-KKC; granting (257) Motion to Clarify in case 5:18-cv-00080-KKC; granting (307) Motion to Clarify in case 5:18-cv-00081-KKC; granting (257) Motion to Clarify in case 5:18-cv-00082-KKC; granting (257) Motion to Clarify in case 5:18-cv-00085-KKC; granting (257) Motion to Clarify in case 5:18-cv-00087-KKC; granting (269) Motion to Clarify in case 5:18-cv-00089-KKC; granting (331) Motion to Clarify in case 5:18-cv-00090-KKC; granting (257) Motion to Clarify in case 5:18-cv-00091-KKC; granting (364) Motion to Clarify in case 5:18-cv-00094-KKC; granting (266) Motion to Clarify in case 5:18-cv-00098-KKC; granting (277) Motion to Clarify in case 5:18-cv-00099-KKC; granting (279) Motion to Clarify in case 5:18-cv-00100-KKC; granting (288) Motion to Clarify in case 5:18-cv-00107-KKC; granting (270) Motion to Clarify in case 5:18-cv-00111-KKC; granting (270) Motion to Clarify in case 5:18-cv-00101-KKC; granting (287) Motion to Clarify in case 5:18-cv-00104-KKC; granting (281) Motion to Clarify in case 5:18-cv-00116-KKC; granting (283) Motion to Clarify in case 5:18-cv-00118-KKC; granting (282) Motion to Clarify in case 5:18-cv-00119-KKC; granting (263) Motion to Clarify in case 5:18-cv-00120-KKC; granting (276) Motion to Clarify in case 5:18-cv-00121-KKC; granting (276) Motion to Clarify in case 5:18-cv-00122-KKC; granting (282) Motion to Clarify in case 5:18-cv-00123-KKC; granting (270) Motion to Clarify in case 5:18-cv-00124-KKC; granting (272) Motion to Clarify in case 5:18-cv-00105-KKC; granting (272) Motion to Clarify in case 5:18-cv-00108-KKC; granting (277) Motion to Clarify in case 5:18-cv-00110-KKC; granting (275) Motion to Clarify in case 5:18-cv-00127-KKC; granting (257) Motion to Clarify in case 5:18-cv-00128-KKC; granting (269) Motion to Clarify in case 5:18-cv-00129-KKC; granting (269) Motion to Clarify in case 5:18-cv-00130-KKC; granting (283) Motion to Clarify in case 5:18-cv-00131-KKC; granting (279) Motion to Clarify in case 5:18-cv-00134-KKC; granting (264) Motion to Clarify in case 5:18-cv-00132-KKC; granting (248) Motion to Clarify in case 5:18-cv-00139-KKC; granting (259) Motion to Clarify in case 5:18-cv-00147-KKC; granting (278) Motion to Clarify in case 5:18-cv-00145-KKC; granting (322) Motion to Clarify in case 5:18-cv-00148-KKC; granting (303) Motion to Clarify in case 5:18-cv-00150-KKC; granting (263) Motion to Clarify in case 5:18-cv-00151-KKC; granting (267) Motion to Clarify in case 5:18-cv-00154-KKC; granting (260) Motion to Clarify in case 5:18-cv-00155-KKC; granting (256) Motion to Clarify in case 5:18-cv-00162-KKC; granting (256) Motion to Clarify in case 5:18-cv-00167-KKC; granting (259) Motion to Clarify in case 5:18-cv-00170-KKC; granting (259) Motion to Clarify in case 5:18-cv-00180-KKC; granting (264) Motion to Clarify in case 5:18-cv-00217-KKC; granting (253) Motion to Clarify in case 5:18-cv-00219-KKC; granting (253) Motion to Clarify in case 5:18-cv-00223-KKC; granting (261) Motion to Clarify in case 5:18-cv-00233-KKC; granting (262) Motion to Clarify in case 5:18-cv-00234-KKC; granting (257) Motion to Clarify in case 5:18-cv-00237-KKC; granting (261) Motion to Clarify in case 5:18-cv-00239-KKC; granting (258) Motion to Clarify in case 5:18-cv-00240-KKC; granting (258) Motion to Clarify in case 5:18-cv-00241-KKC; granting (256) Motion to Clarify in case 5:18-cv-00238-KKC; granting (261) Motion to Clarify in case 5:18-cv-00243-KKC; granting (255) Motion to Clarify in case 5:18-cv-00244-KKC; granting (255) Motion to Clarify in case 5:18-cv-00246-KKC; granting (256) Motion to Clarify in case 5:18-cv-00247-KKC; granting (257) Motion to Clarify in case 5:18-cv-00248-KKC; granting (258) Motion to Clarify in case 5:18-cv-00250-KKC; granting (262) Motion to Clarify in case 5:18-cv-00253-KKC; granting (256) Motion to Clarify in case 5:18-cv-00256-KKC; granting (255) Motion to Clarify in case 5:18-cv-00252-KKC; granting (257) Motion to Clarify in case 5:18-cv-00258-KKC; granting (262) Motion to Clarify in case 5:18-cv-00260-KKC; granting (254) Motion to Clarify in case 5:18-cv-00259-KKC; granting (259) Motion to Clarify in case 5:18-cv-00266-KKC; granting (257) Motion to Clarify in case 5:18-cv-00269-KKC; granting (255) Motion to Clarify in case 5:18-cv-00271-KKC; granting (251) Motion to Clarify in case 5:18-cv-00268-KKC; granting (256) Motion to Clarify in case 5:18-cv-00270-KKC; granting (259) Motion to Clarify in case 5:18-cv-00279-KKC; granting (263) Motion to Clarify in case 5:18-cv-00281-KKC; granting (254) Motion to Clarify in case 5:18-cv-00285-KKC; granting (252) Motion to Clarify in case 5:18-cv-00287-KKC; granting (256) Motion to Clarify in case 5:18-cv-00297-KKC; granting (259) Motion to Clarify in case 5:18-cv-00298-KKC; granting (260) Motion to Clarify in case 5:18-cv-00300-KKC; granting (256) Motion to Clarify in case 5:18-cv-00301-KKC; granting (258) Motion to Clarify in case 5:18-cv-00302-KKC; granting (266) Motion to Clarify in case 5:18-cv-00308-KKC; granting (265) Motion to Clarify in case 5:18-cv-00312-KKC; granting (251) Motion to Clarify in case 5:18-cv-00314-KKC; granting (264) Motion to Clarify in case 5:18-cv-00316-KKC; granting (265) Motion to Clarify in case 5:18-cv-00320-KKC; granting (262) Motion to Clarify in case 5:18-cv-00321-KKC; granting (267) Motion to Clarify in case 5:18-cv-00325-KKC; granting (263) Motion to Clarify in case 5:18-cv-00326-KKC; granting (263) Motion to Clarify in case 5:18-cv-00328-KKC; granting (264) Motion to Clarify in case 5:18-cv-00330-KKC; granting (260) Motion to Clarify in case 5:18-cv-00331-KKC; granting (260) Motion to Clarify in case 5:18-cv-00335-KKC; granting (268) Motion to Clarify in case 5:18-cv-00333-KKC; granting (258) Motion to Clarify in case 5:18-cv-00336-KKC; granting (270) Motion to Clarify in case 5:18-cv-00337-KKC; granting (262) Motion to Clarify in case 5:18-cv-00334-KKC; granting (262) Motion to Clarify in case 5:18-cv-00339-KKC; granting (260) Motion to Clarify in case 5:18-cv-00338-KKC; granting (273) Motion to Clarify in case 5:18-cv-00341-KKC; granting (273) Motion to Clarify in case 5:18-cv-00342-KKC; granting (263) Motion to Clarify in case 5:18-cv-00343-KKC; granting (264) Motion to Clarify in case 5:18-cv-00344-KKC; granting (262) Motion to Clarify in case 5:18-cv-00345-KKC; granting (255) Motion to Clarify in case 5:18-cv-00347-KKC; granting (270) Motion to Clarify in case 5:18-cv-00348-KKC; granting (266) Motion to Clarify in case 5:18-cv-00349-KKC; granting (261) Motion to Clarify in case 5:18-cv-00354-KKC; granting (265) Motion to Clarify in case 5:18-cv-00355-KKC; granting (249) Motion to Clarify in case 5:18-cv-00356-KKC; granting (257) Motion to Clarify in case 5:18-cv-00372-KKC; granting (256) Motion to Clarify in case 5:18-cv-00373-KKC; granting (251) Motion to Clarify in case 5:18-cv-00374-KKC; granting (259) Motion to Clarify in case 5:18-cv-00375-KKC; granting (255) Motion to Clarify in case 5:18-cv-00394-KKC; granting (253) Motion to Clarify in case 5:18-cv-00448-KKC; granting (249) Motion to Clarify in case 5:18-cv-00449-KKC; granting (248) Motion to Clarify in case 5:18-cv-00496-KKC; granting (245) Motion to Clarify in case 5:18-cv-00505-KKC; granting (241) Motion to Clarify in case 5:18-cv-00510-KKC; granting (244) Motion to Clarify in case 5:18-cv-00554-KKC; granting (226) Motion to Clarify in case 5:18-cv-00562-KKC; granting (232) Motion to Clarify in case 5:18-cv-00568-KKC; granting (225) Motion to Clarify in case 5:18-cv-00571-KKC; granting (225) Motion to Clarify in case 5:18-cv-00572-KKC; granting (225) Motion to Clarify in case 5:18-cv-00578-KKC; granting (225) Motion to Clarify in case 5:18-cv-00579-KKC; granting (222) Motion to Clarify in case 5:18-cv-00596-KKC; granting (222) Motion to Clarify in case 5:18-cv-00598-KKC; granting (222) Motion to Clarify in case 5:18-cv-00634-KKC; granting (224) Motion to Clarify in case 5:18-cv-00648-KKC; granting (208) Motion to Clarify in case 5:19-cv-00023-KKC; granting (213) Motion to Clarify in case 5:19-cv-00026-KKC; granting (213) Motion to Clarify in case 5:19-cv-00025-KKC; granting (209) Motion to Clarify in case 5:19-cv-00055-KKC; granting (202) Motion to Clarify in case 5:19-cv-00068-KKC; granting (202) Motion to Clarify in case 5:19-cv-00070-KKC; granting (202) Motion to Clarify in case 5:19-cv-00071-KKC; granting (201) Motion to Clarify in case 5:19-cv-00076-KKC; granting (201) Motion to Clarify in case 5:19-cv-00078-KKC; granting (200) Motion to Clarify in case 5:19-cv-00089-KKC; granting (200) Motion to Clarify in case 5:19-cv-00090-KKC; granting (200) Motion to Clarify in case 5:19-cv-00091-KKC; granting (200) Motion to Clarify in case 5:19-cv-00092-KKC; granting (203) Motion to Clarify in case 5:19-cv-00095-KKC; granting (200) Motion to Clarify in case 5:19-cv-00112-KKC; granting (204) Motion to Clarify in case 5:19-cv-00122-KKC; granting (195) Motion to Clarify in case 5:19-cv-00127-KKC; granting (195) Motion to Clarify in case 5:19-cv-00126-KKC; granting (202) Motion to Clarify in case 5:19-cv-00123-KKC; granti |
Filing 696 ORDER: The Court hereby ORDERS that the motion for clarification #691 filed by the defendants is GRANTED to the extent that the defendants ask for clarification regarding whether Drs. Koliwad and Fowler should appear for hearings on the plaintiffs' motions to exclude the doctors' testimony. The hearing on the motion to exclude Dr. Koliwads testimony will take place the week of August 9, 2021, which is the week the Court has scheduled other hearings in this case pursuant to Daubert v. Merrell Pharmaceuticals, Inc., 509 U.S. 579 (1993). The Court hereby ORDERS that the motion to exclude Dr. Fowler SHALL BE HEARD at a future date that will be set by subsequent order. The Court further hereby ORDERS that the DAUBERT HEARINGS set for the week of 8/9/2021 - 8/13/2021, the hearings SHALL commence at at 10:00 AM EDT in COVINGTON, KY. Signed by Judge Karen K. Caldwell on 7/8/2021. (CBD)cc: COR, Lex D, Cov D. |
***Reopen Document #691 MOTION TO CLARIFY REGARDING ATTENDANCE as to Dr. Fowler by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation (CBD) |
Filing 695 REPLY BRIEF to (691 in 5:18-md-02809-KKC-MAS) Defendants' Motion for Clarification filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
NOTICE OF DOCKET MODIFICATION TO Jennifer Moore re #694 Response in Opposition to Motion. ***Error: attachments were insufficiently described as "Exhibit 1." Entry by attorney; Correction: the Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (CBD) |
Filing 694 RESPONSE in Opposition re (691 in 5:18-md-02809-KKC-MAS) MOTION TO CLARIFY REGARDING ATTENDANCE OF by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation filed by Carolyn Williams. (Attachments: #1 Exhibit 1)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) |
Filing 693 TRANSCRIPT of Proceedings: TELEPHONIC STATUS CONFERENCE held on 4/5/2021 before Judge Caldwell. Court Reporter: Linda Mullen, Telephone number (859) 469-7459. Transcript ordered by: MEGAN MOORE. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 7/12/2021. Redacted Transcript Deadline set for 7/22/2021. Release of Transcript Restriction set for 9/20/2021. |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #692 Joint Status Report (CBD) |
Filing 692 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 691 MOTION TO CLARIFY REGARDING ATTENDANCE OF DR. SUNEIL KOLIWAD AND DR. MICHAEL FOWLER AT DAUBERT HEARING by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified txt on 6/17/2021 (CBD). |
Filing 690 NOTICE OF CHANGE OF LAW FIRM NAME AND EMAIL ADDRESS by Larry Slaton, Gary Smith, Mary Sparkman, Raul Telles, Cloyd Tucker, Cynthia Turner, Steven Vallentine, James Walz, Charles David Ware, Carolyn Williams, Michael Winkle, Charles Wood, Barbara Woodruff, Patricia Word (Kassan, Randi) Modified on 5/24/2021 (CBD). |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #689 Joint Status Report (CBD) |
Filing 689 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
Filing 688 ORDER: the issue in these four cases is whether the completed PPF and completed document production accompanying the PPF adequately prove that the plaintiffs suffered heart failure following use of Onglyza. That issue is more appropriately resolved in these cases on a motion for summary judgment. Accordingly, the Court will not dismiss these cases for failure to comply with CMO No. 2. Signed by Judge Karen K. Caldwell on 5/13/2021.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00281-KKC, 5:18-cv-00333-KKC, 5:18-cv-00341-KKC, 5:19-cv-00142-KKC(CBD)cc: COR |
Filing 687 ORDER: plaintiff (Jean Wilson) has complied with the show cause order. Her case WILL NOT be dismissed. Further, the Court does not find it appropriate to award costs against this plaintiff. Signed by Judge Karen K. Caldwell on 5/13/2021.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00554-KKC(CBD)cc: COR |
Filing 686 ORDER: plaintiffs (Minnie Banks, Christopher Hocker, Herbert Oliver, Ceasar Ortega, Binwattie Sukhoo) have failed to show cause why their cases should not be dismissed, and, pursuant to CMO No. 2, these cases are hereby DISMISSED with prejudice. Further, the Court does not find it appropriate to award costs against any of these plaintiffs. Signed by Judge Karen K. Caldwell on 5/12/2021.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR, SKV, JPML Clerk |
Party Olivier Herbert (5:18-cv-303), Christopher Hocker (5:18-cv-357), Ceasar Ortega (5:18-cv-315), Binwattie Sukhoo (5:19-cv-149), Minnie Banks (5:18-cv-304 - Individually) and Minnie Banks (5:18-cv-304 - on behalf of all wrongful death beneficiaries and as personal representative of the estate of the ) terminated. (CBD) |
Filing 685 ORDER: these plaintiffs (Eddie Billington, Linda Day, Mary Delaney, Roberta Dunn, Kevin LeBlanc, Linda Lucas, Michael Moody, Shirley Nail, Garry Richard, Ricard Rimkus, Guadalupe Ybarra) have complied with the show cause order #530 . Their cases WILL NOT be dismissed. Further, the Court does not find it appropriate to award costs against any of these plaintiffs at this time. Nevertheless, these plaintiffs are cautioned that any future failure to comply with Court orders will be met with appropriate sanctions. Signed by Judge Karen K. Caldwell on 5/11/2021.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 684 ORDER: the Court hereby ORDERS that these plaintiffs (Billy Alexander, Diane Bakalyar, Lawana Garrette, Angela Hardy, Mable Herrera, Bonnie Hopkins, Violet Martin, Debra Underwood, Shirley Wilson) have failed to show cause why their cases should not be dismissed, and, pursuant to CMO No. 2, these cases are hereby DISMISSED with prejudice. Signed by Judge Karen K. Caldwell on 5/11/2021.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR, SKV, JPML Clerk |
Party Lawana Garrette (5:18-cv-257), Angela Hardy ( 5:18-cv-112), Mable Herrera (5:19-cv-436), Bonnie Hopkins (5:18-cv-318), Violet Martin (5:18-cv-370), Debra Underwood (5:18-cv-332), Shirley Wilson (5:19-cv-272), Billy Alexander (5:18-cv-307) and Diane Bakalyar (5:18-cv-323) terminated. (CBD) Modified text to reflect party Angela Hardy remains pending in case 5:18-cv-94 on 5/13/2021 (CBD). |
Filing 683 ORDER re (471 in 5:18-md-02809-KKC-MAS, 139 in 5:18-cv-00350-KKC, 109 in 5:18-cv-00576-KKC, 78 in 5:19-cv-00146-KKC): Court hereby ORDERS the motion is DENIED as moot as to all above plas because their cases have been dismissed pursuant to parties' stipulation (5:18-2809, DE 579, 580, 581). Further, Court does not find it appropriate to award costs against any of the above-named plaintiffs. Signed by Judge Karen K. Caldwell on 4/30/2021. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00350-KKC, 5:18-cv-00576-KKC, 5:19-cv-00146-KKC (TDA) cc: COR |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #682 Joint Status Report (CBD) |
Filing 682 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Set/Reset Hearings: DAUBERT MOTION HEARINGS set for <8/10/2021 at 09:00 AM IN Lexington ; 8/11/2021 at 09:00 AM in LEXINGTON; <8/12/2021 at 09:00 AM in LEXINGTON; 8/13/2021 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell pc re #681 . (CBD) |
Filing 681 ORDER re ( #626 , #630 , #633 , #635 in 5:18-md-02809-KKC-MAS): Court ORDERS that the motions to exclude experts filed by parties pursuant to Daubert v. Merrell Pharmaceuticals, Inc., 509 U.S. 579 (1993) SHALL BE HEARD in Lexington, Kentucky beginning Monday, August 9, 2021 at 9:00 a.m. and continuing until completed. If Court should determine that plas motion (DE #630 in 5:18-2809) to exclude the testimony of Dr. Suneil Koliwad, and Dr. Michael Fowler does not require a hearing, the Court will issue an order to that effect. Signed by Judge Karen K. Caldwell on 4/7/2021. Associated Cases: 5:18-md-02809-KKC-MAS et al. (TDA) cc: COR & LexCD |
Filing 680 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 4/5/2021. before Judge Karen K. Caldwell: Daubert Hearings will be held 8/9/2021 in LEXINGTON, in person. Parties shall contact Court Chambers by e-mail by 4/6/2021 to advise if expert witnesses can be available 8/9/2021. Court will set the time for the Daubert hearings by separate Order. (Court Reporter Linda Mullen.) Associated Cases: 5:18-md-02809-KKC-MAS et al. (CBD)cc: COR, Les D. Modified cc on 4/5/2021 (CBD). |
Filing 679 ORDER: Plaintiffs counsel has filed a response stating he has no basis to contest the dismissal [DE #672 in 5:18-md-2809 and #316 in 5:18-cv-95]. Accordingly, the Court hereby ORDERS that the motion is GRANTED and this action is DISMISSED with prejudice. Signed by Judge Karen K. Caldwell on 4/2/2021. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00095-KKC(CBD)cc: COR and SKV, JPML by US Mail |
Filing 678 ORDER: first motion ( #631 in 5:18-md-2809, et al) to exclude Dr. Lee's testimony is DENIED as moot. Signed by Judge Karen K. Caldwell on 4/2/2021 Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 677 ORDER: Motion #627 is GRANTED and Clerk SHALL SEAL the unredacted version ( #628 in 5:18-md-2809). Signed by Judge Karen K. Caldwell on 4/2/2021. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Party Michael Martin (5:18-cv-95) terminated. (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #672 MOTION to Dismiss For Failure to File a Motion for Substitution - No Response filed. (CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #676 Notice Regarding Proposed Daubert Hearing Dates (CBD) |
Filing 676 JOINT SUBMISSION REGARDING DAUBERT HEARING DATES by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 3/24/2021 (CBD). |
Filing 675 ORDER: a TELEPHONIC STATUS CONFERENCE set for 4/5/2021 at 01:30 PM. Counsel should be prepared to discuss the logistics and scheduling of Daubert hearings, including whether those hearings should be held in person or remotely given the constraints posed by COVID-19. Counsel shall access the call by: dialing 1-888-684-8852 and entering the access code 6823688. Signed by Judge Karen K. Caldwell on 3/19/2021.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR and Lex D |
Filing 674 ORDER: 1) Motion Objections [DE #638 in 5:19-2809] to the magistrate judge's ruling [DE #629 in 5:19-2809] on the plaintiffs' motion to compel are OVERRULED; and 2) Defendants motion to strike [DE #660 in 5:18-2809] Dr. Parag Goyal's declaration [DE 654-2] is DENIED. The Court ordered the plaintiffs to answer questions, which are addressed in the declaration. The Court found the declaration helpful in analyzing the issues presented on the motion to compel, and the declaration will be used for no other purpose. Signed by Judge Karen K. Caldwell on 3/19/2021. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Set/Reset Hearings: TELEPHONIC STATUS CONFERENCE set for 4/5/2021 at 01:30 PM in LEXINGTON before Judge Karen K. Caldwell. (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #638 MOTION OBJECTION TO JANUARY 22, 2021 ORDER #629 by Carolyn Williams (CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #673 Joint Status Report (CBD) |
Filing 673 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 672 MOTION to Dismiss For Failure to File a Motion for Substitution by AstraZeneca Pharmaceuticals LP, Bristol-Myers Company, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00095-KKC(Browning, Carol) |
Filing 671 ORDER REGARDING MOTION TO SEAL [DE 664]: the motion is GRANTED and the Clerk of the Court SHALL SEAL the unredacted version [DE 665 in 18-2809] of the reply. Signed by Judge Karen K. Caldwell on 3/11/2021. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 670 ORDER REGARDING MOTION TO SEAL [DE 661]: motion #661 is GRANTED and the Clerk of the Court SHALL SEAL the unredacted version [DE 662 in 18-2809] of the reply. Signed by Judge Karen K. Caldwell on 3/11/2021. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 669 ORDER REGARDING MOTION TO SEAL [DE 667]: the motion #667 is GRANTED and the Clerk of the Court SHALL SEAL the unredacted version [DE 668 in 18-2809] of the reply. Signed by Judge Karen K. Caldwell on 3/11/2021. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #630 MOTION to Exclude Testimony of Dr. Suneil Koliwad AND Dr. Michael Fowler, #633 MOTION to Exclude Expert Testimony of Dr. Eric Adler, #635 AMENDED MOTION to Exclude Testimony of Dr. Todd (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #626 REDACTED MOTION to Exclude the Testimony of Plaintiffs' Expert Parag Goyal, MD (CBD) |
Filing 668 SEALED DOCUMENT - Un-Redacted Reply re #666 . Sealed pursuant to PROTECTIVE ORDER re #171 Protective Order by Carolyn Williams (Clark, Timothy) Modified text on 3/11/2021 (CBD). |
Filing 667 MOTION for leave to Seal a Document #666 REPLY, by Carolyn Williams (Attachments: #1 Proposed Order)(Clark, Timothy) |
Filing 666 REDACTED REPLY to #642 PLAINTIFFS OMNIBUS REPLY TO DEFENDANTS OMNIBUS OPPOSITION TO PLAINTIFFS MOTIONS TO EXCLUDE THE EXPERT TESTIMONY OF DR. ERIC ADLER, DR. SUNEIL KOLIWAD, DR. MICHAEL FOWLER, AND DR. TODD LEE filed by Carolyn Williams. (Attachments: #1 Attachment Declaration of Timothy M. Clark, #2 Exhibit 1 - Excerpts from Deposition of Dr. Lee, #3 Exhibit 2 - Dr. Lee Billing Records)(Clark, Timothy) See DE #668 for Un-Redacted Reply Modified on 3/11/2021 (CBD). |
Filing 665 SEALED DOCUMENT - Un Redacted Reply re #663 . Sealed pursuant to MOTION TO SEAL re #664 MOTION for leave to Seal a Document by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Browning, Carol) Modified text on 3/11/2021 (CBD). |
Filing 664 MOTION for leave to Seal a Document re #663 Reply by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) Modified text on 3/11/2021 (CBD). |
Filing 663 REDACTED REPLY BRIEF to #626 Motion to Exclude the Testimony of Plaintiffs' Expert Parag Goyal, M.D. filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. (Browning, Carol) See DE #665 for Un-Redacted Reply Modified on 3/11/2021 (CBD). |
Filing 662 SEALED DOCUMENT - Un-Redacted Motion and Sealed Exhibits re Motion #660 . Sealed pursuant to MOTION TO SEAL re #661 MOTION for leave to Seal a Document by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Exhibit B 0 ONG009375041, #2 Exhibit C - MEASURE HF Protocol) (Browning, Carol) Modified text on 3/11/2021 (CBD). |
Filing 661 MOTION for leave to Seal portions of Defendants' Motion #660 to Strike Declaration of Dr. Parag Goyal and supporting Exhibits B and C, which are the MEASURE-HF statistical analysis plan and clinical study protocol by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) Modified text on 3/11/2021 (CBD). |
Filing 660 REDACTED MOTION to Strike Declaration of Dr. Parag Goyal attached to #654 RESPONSE, by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Affidavit Ullman Declaration in Support of Motion to Strike, #2 Exhibit A - 2020.12.14 Goyal Additional Materials Considered, #3 Exhibit B - Filed Under Seal, #4 Exhibit C - Filed Under Seal, #5 Proposed Order)(Browning, Carol) See DE #662 for Un-Redacted Motion and Sealed Exhibits Modified text on 3/11/2021 (CBD). |
Filing 659 ORDER: defendants; motion to seal (DE #653 in 18-2809) a portion of their response ( #652 in 18-2809). Defendants have filed redacted and unredacted versions of the response. The Court hereby ORDERS that the motion is GRANTED and the Clerk of the Court SHALL SEAL the unredacted version [DE 657 in 18-2809] of the response. Signed by Judge Karen K. Caldwell on 3/4/2021. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 658 ORDER: Motion #655 to Seal is GRANTED, and Exhibit 1 to Plaintiffs' Response #654 to Court's Order Regarding Responses to Objections to Magistrate Judge's Ruling Regarding MEASURE-HF Study is hereby filed under seal. Signed by Judge Karen K. Caldwell on 3/4/2021. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
NOTICE OF DOCKET MODIFICATION TO EMily Ullman & Timothy Clark re RESPONSE #652 & RESPONSE #654 Error: a link was not created to the related document #638 Motion Objection Entry by attorney; Clerk modified the entry to create the link thereby placing the reply on the Judges motion report. In the future, create a link to the subject motion. No further action required by counsel. cc: COR Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Filing 657 SEALED DOCUMENT - UN-REDACTED RESPONSE #652 to #638 Motion Objection Sealed pursuant to MOTION TO SEAL #653 by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Ullman, Emily) Modified text on 3/4/2021 (CBD). |
Filing 656 SEALED DOCUMENT - UN-REDACTED RESPONSE #654 to #638 Motion Objection Sealed pursuant to PROTECTIVE ORDER re #171 Protective Order by Carolyn Williams (Attachments: #1 Exhibit 1 - ONG009375114) (Clark, Timothy) Modified text on 3/4/2021 (CBD). |
Filing 655 MOTION TO SEAL DOCUMENT PLAINTIFFS' RESPONSE #654 TO COURT'S ORDER #650 REGARDING RESPONSES TO OBJECTIONS #638 TO MAGISTRATE JUDGES RULING by Carolyn Williams (Attachments: #1 Proposed Order)(Clark, Timothy) Modified text on 3/4/2021 (CBD). |
Filing 654 REDACTED RESPONSE to 638 MOTION OBJECTION filed pursuant to #650 COURTS ORDER REGARDING RESPONSES TO OBJECTIONS TO MAGISTRATE JUDGES RULING REGARDING MEASURE-HF STUDY filed by Carolyn Williams. (Attachments: #1 Exhibit 1 - ONG009375114, #2 Exhibit 2 - Declaration of Dr. Goyal)(Clark, Timothy)See DE #656 for Un-Redacted Response Modified text and created link on 3/4/2021 (CBD). |
Filing 653 MOTION FOR LEAVE TO SEAL PORTIONS OF DEFENDANTS' RESPONSE #652 TO FEBRUARY 24, 2021 ORDER by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 3/4/2021 (CBD). |
Filing 652 REDACTED RESPONSE to #638 MOTION OBJECTION filed pursuant to #650 Order of February 24, 2021 filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. (Attachments: #1 Exhibit A - Declaration of Dr. Barry Reicher)(Ullman, Emily) See DE #657 for Un-Redacted Response Modified text and created link on 3/4/2021 (CBD). |
Filing 651 ORDER: the motion #632 is GRANTED and the Clerk of the Court SHALL SEAL Exhibits 1 and 7 to the plaintiffs motion to exclude the testimony of Dr. Eric Adler (DE #633 ). Signed by Judge Karen K. Caldwell on 3/3/2021. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #632 MOTION for leave to Seal a Documents re #633 Motion to Exclude Testimony of Dr. Eric Adler, and #627 MOTION for leave to Seal a Document #626 REDACTED MOTION to Exclude (CBD) |
Filing 650 ORDER: This matter is before the Court on the plaintiffs objections [DE #638 in 5:18-md-2809] to the magistrate judges ruling [DE 629] that denied the plaintiffs' motion to compel the production of certain documents related to a study that the parties have called MEASURE-HF. In order to assist the Court in analyzing and, possibly, resolving these issues before the Court next meets with the parties, the Court hereby ORDERS as follows: 1) Within 7 days of the entry date of this order, each party SHALL FILE a response to this order addressing any of the above questions that the party can address and also providing any other information that the party believes will assist the Court in deciding the motion to compel; and 2) the March 1, 2021 teleconference is CANCELED. A new teleconference date will beset by subsequent order. Signed by Judge Karen K. Caldwell on 2/24/2021.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Util - Terminate 3/1/2021 Telephonic Status Conference per Order #650 (CBD) |
Filing 649 ORDER: Motion ( #645 in cases 5:18-md-02809-KKC-MAS, et al) to Seal is GRANTED, and the following exhibits to Plaintiffs' Opposition to Defendants' Motion to Exclude the Testimony of Plaintiffs Expert Parag Goyal, M.D. are hereby filed under seal: Exhibits 1, 7-9, 11, 12, 14-17, 19, 23. Signed by Judge Karen K. Caldwell on 2/22/2021. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 648 ORDER: Motion ( filed as #643 in case 5:18-md-02809-KKC-MAS, et al) For Leave To File Portions Of Defendants Omnibus Opposition to Plaintiffs Motions to Exclude Expert Testimony and Supporting Exhibit 10 Under Seal is GRANTED. Signed by Judge Karen K. Caldwell on 2/22/2021. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 647 SEALED DOCUMENT - UN-REDACTED Response #646 and Exhibits Sealed pursuant to ORDER re ( #649 in 5:18-md-2809) by Carolyn Williams (Attachments: #1 Exhibit 1 - Excerpts from Deposition of Dr. Goyal, #2 Exhibit 7 - Oct. 2018 FDA EDMAC ADCOMM Meeting, #3 Exhibit 8 - March 2015 FDA SAVOR Briefing, #4 Exhibit 9 - ONG007599070, #5 Exhibit 11-1 - FDA ADCOMM Transcript, #6 Exhibit 11-2 - FDA ADCOMM Transcript, #7 Exhibit 11-3 - FDA ADCOMM Transcript, #8 Exhibit 11-4 - FDA ADCOMM Transcript, #9 Exhibit 11-5 - FDA ADCOMM Transcript, #10 Exhibit 11-6 - FDA ADCOMM Transcript, #11 Exhibit 11-7 - FDA ADCOMM Transcript, #12 Exhibit 11-8 - FDA ADCOMM Transcript, #13 Exhibit 11-9 - FDA ADCOMM Transcript, #14 Exhibit 11-10 - FDA ADCOMM Transcript, #15 Exhibit 12 - ONG007399230, #16 Exhibit 14 - ONG008186848, #17 Exhibit 15 - FDA Chart, #18 Exhibit 16 - FDA ADCOMM Bulletin, #19 Exhibit 17 - April 2015 FDA Briefing Material, #20 Exhibit 19 - EU Risk Management Plan Excerpt, #21 Exhibit 23 - ONG008111475) (Clark, Timothy) Modified text on 2/22/2021 (CBD). |
Filing 646 REDACTED RESPONSE in Opposition re (626 in 5:18-md-02809-KKC-MAS) REDACTED MOTION to Exclude by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation the Testimony of Plaintiffs' Expert Parag Goyal, MD filed by Carolyn Williams. (Attachments: #1 Attachment Declaration of Timothy M. Clark, #2 Exhibit 1 - Dr. Goyal Expert Report, #3 Exhibit 2 - Dr. Goyal Rebuttal Report, #4 Exhibit 3 - Dr. Goyal CV, #5 Exhibit 4 - Dr. Wells Expert Report, #6 Exhibit 5 - Dr. Wells Rebuttal Report, #7 Exhibit 6 - Dec. 2008 FDA Guidance, #8 Exhibit 7 - FDA EMDAC ADCOMM Meeting, #9 Exhibit 8 - March 2015 FDA SAVOR Briefing, #10 Exhibit 9 - ONG007599070, #11 Exhibit 10 - Scirica, 2013, #12 Exhibit 11 - April 14, 2015 FDA Endocrinologic and Metabolic Drugs Advisory Committee Transcript, #13 Exhibit 12 - ONG007399230, #14 Exhibit 13 - Scirica, 2014, #15 Exhibit 14 - ONG008186852, #16 Exhibit 15 - FDA Chart, #17 Exhibit 16 - FDA Adcomm Bulletin, April 14, 2015, ONG007602900, #18 Exhibit 17 - FDA Briefing Material, Endocrinologic and Metabolic Drugs Advisory Committee Meeting, April 14, 2015, #19 Exhibit 18 - April 2016 FDA Communication, #20 Exhibit 19 - Saxagliptin EU Risk Management Plan Excerpt, January 13, 2014, ONG007928935, #21 Exhibit 20 - AHA Scientific Statement, #22 Exhibit 21 - Express Scripts Article, #23 Exhibit 22 - Multiple Endppints in Clinical Trials Guidance for Industry, #24 Exhibit 23 - ONG008111475, #25 Exhibit 24 - Bhide article, #26 Exhibit 14 - Kabish, et al. Article, #27 Exhibit 26 - Sibbald, et al. Article, #28 Exhibit 27 - AHA ACA Guidelines, #29 Exhibit 28 - Excerpts from Deposition of Dr. Goyal, #30 Exhibit 29 - Sano Article, #31 Exhibit 30 - Packer, DDP-4 Article, #32 Exhibit 31 - Packer, Worsening Heart Failure, #33 Exhibit 32 - Kim et al. June 2018, #34 Exhibit 33 - Fedak, et al. 2015, #35 Exhibit 34 - Lucas, et al. 2005, #36 Exhibit 35 - Greenland, Robins, 2000, #37 Exhibit 36 - Polack, et al., 2020, #38 Exhibit 37 - Excerpts from Deposition of Dr. Abraham)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified on 2/22/2021 (CBD). |
Filing 645 MOTION for leave to Seal a Documents marked as "Confidential" in Plaintiffs Opposition to Defendant's Motion to Exclude Testimony of Expert Parag Goyal, MD by Carolyn Williams (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al. (Clark, Timothy) Modified text on 2/22/2021 (CBD). |
Filing 644 SEALED DOCUMENT - UN-REDACTED OMNIBUS OPPOSITION (filed as #642 in 5:18-md-2809) and Exhibit 10 Sealed pursuant to Order ( #648 in 5:18-md-2809) granting MOTION TO SEAL re ( #643 in 5:18-md-2809) AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation to File Portions of Defendants' Omnibus Opposition to Plaintiffs' Motions to Exclude Expert Testimony and Supporting Exhibit 10 by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Exhibit 10 - Excerpts of Depo of Eric Adler_Under Seal) (Browning, Carol) Modified on 2/22/2021 (CBD). |
Filing 643 MOTION for Leave to File Portions of Defendants' Omnibus Opposition to Plaintiffs' Motions to Exclude Expert Testimony and Supporting Exhibit 10 Under Seal by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809- KKC-MAS et al.(Browning, Carol) Modified on 2/22/2021 (CBD). |
Filing 642 REDACTED OMIBUS OPPOSITION Defendants' Omnibus Opposition to Plaintiffs' Motions (filed as #630 , #631 , #633 , #635 in cases 5:19-md-2809, et al) to Exclude the Expert Testimony of Dr. Eric Adler , Dr. Suneil Koliwad, Dr. Michael Fowler and Dr. Todd Lee filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. (Attachments: #1 Ullman Declaration, #2 Exhibit 1 - Goyal Report, #3 Exhibit 2 - Excerpt of Depo of Martin T. Wells, #4 Exhibit 3 - Excerpt of 10.10.19 Status Conference Transcript, #5 Exhibit 4 - Excerpts of Depo of Todd A. Lee, #6 Exhibit 5 - Excerpts of Depo of Parag Goyal (Day 1), #7 Exhibit 6 - Scririca 2014, #8 Exhibit 7 - Scririca 2013, #9 Exhibit 8 - 2020 Cox - Efficacy and Safety of dapagliflozin in acute heart failure, #10 Exhibit 9 - Microvascular and Macrovascular Complications of Diabetes (Fowler 2011), #11 Exhibit 10 - Excerpts of Depo of Eric Adler_REDACTED, #12 Exhibit 11 - 2020.12.14 Goyal Add'l Materials Considered, #13 Exhibit 12 - 2020.12.29 Goyal Add'l Materials Considered, #14 Exhibit 13 - Excerpts of Depo of William T. Abraham, #15 Exhibit 14 - Adler CV, #16 Exhibit 15 - Excerpts of Depo of Parag Goyal (Day 2), #17 Exhibit 16 - Excerpt of Onglyza Ad Comm Transcript, #18 Exhibit 17 - Dunlay 2019, #19 Exhibit 18 - Singh 2019)(Browning, Carol) Modified text on 2/22/2021 (CBD). |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #641 Joint Status Report (CBD) |
Filing 641 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 640 ORDER: Plaintiffs' Motion (filed as #637 in 5:18-md-02809-KKC-MAS, et al) to Seal is GRANTED, and Exhibits 2-5, 8, 13-15 to Plaintiffs' Objection to January 22, 2021 Order are hereby filed under seal.. Signed by Judge Karen K. Caldwell on 2/8/2021. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
NOTICE OF DOCKET MODIFICATION TO Timothy Clark re #639 Sealed Document. Error: Pages of Exhibit 15 were upside down; Entry by attorney; Correction: Clerk rotated the page(s) and entered the document as a separate attachment; At the browse screen within ECF, always open and view each PDF document before proceeding with the filing cc: COR (CBD) |
Filing 639 SEALED DOCUMENT - Un-Redacted Motion and Exhibits re Motion #638 . Sealed pursuant to PROTECTIVE ORDER re #171 Protective Order by Carolyn Williams (Attachments: #1 Exhibit 2 - Excerpts from the Deposition of Dr. Eric Adler, #2 Exhibit 3 - Final MEASURE-HF Protocol, #3 Exhibit 4 - ONG008120101, Sept. 10, 2013 Email from P. Pollack to N. Iqbal, et al., Re: Mechanistic subteam update, with attachments, #4 Exhibit 5 - ONG007620455 April 10, 2016 from E. Bjork to D. Wheadon, et al., Re: MEASURE Saxa mechanistic study, #5 Exhibit 8 - ONG009373221, CVRM Development Review Committee Meeting Minutes, Nov. 6, 2020, #6 Exhibit 13 - ONG009374863, Case Report Form for MEASURE-HF (entitled D1680C00016_01DEC2017_V13.9:Unique), #7 Exhibit 14 - Excerpts from the Deposition of Dr. Parag Goyal, #8 Exhibit 15 - ONG009371733, LSPC October 13, 2020, LSPC Meeting Overview & Memos) (Clark, Timothy) Modified text on 2/8/2021 (CBD). (Additional attachment(s) added on 2/8/2021: #9 CORRECTED Exhibit 15 - ONG009371733, LSPC October 13, 2020, LSPC Meeting Overview & Memos) (CBD). |
Filing 638 REDACTED MOTION OBJECTION TO JANUARY 22, 2021 ORDER #629 by Carolyn Williams Motions referred to Matthew A. Stinnett. (Attachments: #1 Exhibit 1 - Order re Plaintiffs' Motion to Compel, #2 Exhibit 2 - Excerpts from the Deposition of Dr. Eric Adler, #3 Exhibit 3 - Final MEASURE-HF Protocol, #4 Exhibit 4 - ONG008120101, Sept. 10, 2013 Email from P. Pollack to N. Iqbal, et al., Re: Mechanistic subteam update, with attachments, #5 Exhibit 5 - ONG007620455 April 10, 2016 from E. Bjork to D. Wheadon, et al., Re: MEASURE Saxa mechanistic study, #6 Exhibit 7 - MEASUSURE Inquiry, #7 Exhibit 7 - Email from E. Ullman to T. Clark, #8 Exhibit 8 - ONG009373221, CVRM Development Review Committee Meeting Minutes, Nov. 6, 2020, #9 Exhibit 9 - Email from T. Clark to E. Ullman, #10 Exhibit 10 - Email from F. Olinde to P. Schmidt, #11 Exhibit 11 - Declaration of F. Olinde, #12 Exhibit 12 - Declaration of S. Smith, #13 Exhibit 13 - ONG009374863, Case Report Form for MEASURE-HF (entitled D1680C00016_01DEC2017_V13.9:Unique), #14 Exhibit 14 - Excerpts from the Deposition of Dr. Parag Goyal, #15 Exhibit 15 - ONG009371733, LSPC October 13, 2020, LSPC Meeting Overview & Memos)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text on 2/8/2021 (CBD). |
Filing 637 MOTION for leave to Seal Exhibits re Motion #638 by Carolyn Williams (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text on 2/8/2021 (CBD). |
Filing 636 ORDER: a TELEPHONIC STATUS CONFERENCE set for 3/1/2021 at 03:00 PM. Counsel should be prepared to discuss the logistics and scheduling of Daubert hearings, including whether those hearings should be held in person or remotely given the constraints posed by COVID-19. Counsel shall access the call by: dialing 1-888-684-8852 entering the access code 6823688. Signed by Judge Karen K. Caldwell on 2/5/2021.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR and Lex D |
Set/Reset Hearings: TELEPHONIC STATUS CONFERENCE set for 3/1/2021 at 03:00 PM in LEXINGTON before Judge Karen K. Caldwell. (CBD) |
Filing 635 CORRECTED/AMENDED MOTION to Exclude Testimony of Dr. Todd by David Taylor (Docket Entry 631) (Attachments: #1 Memorandum in Support, #2 Declaration of Jennifer A. Moore, #3 Exhibit Lee Expert Report, #4 Exhibit Lee CV, #5 Exhibit Lee Deposition Excerpts, #6 Exhibit Lee Profile, #7 Exhibit Report of Dr. Suneil Koliwad and Materials, #8 Exhibit Report of Dr. Michael Fowler and Materials, #9 Exhibit Report of Dr. William T. Abraham and Materials, #10 Exhibit Report of Dr. Eric Adler and Materials, #11 Exhibit April 2016 FDA Communication, #12 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) Modified text on 1/25/2021 (CBD). |
NOTICE OF DEFICIENCY TO Timothy Clark re #632 MOTION for leave to Seal a Documents. Error: the attached proposed order contains incorrect text; Entry by attorney; within 7 calendar days prepare a document entitled "Notice of Filing", file the Notice using the event "Notice of Filing," attach the correct proposed order, and create a link to the related docket entry. NOTICE OF DOCKET MODIFICATION TO Timothy Clark re #633 Motion to Exclude Testimony of Dr. Eric Adler : Error: Pages of Exhibit 6 were upside down; Entry by attorney; Correction: Clerk rotated the page(s) and entered the document as a separate attachment; At the browse screen within ECF, always open and view each PDF document before proceeding with the filing. No further action required re Motion #633 cc: COR (CBD) |
Filing 634 SEALED DOCUMENT re #633 Motion to Exclude Testimony of Dr. Eric Adler. Sealed pursuant to PROTECTIVE ORDER re #171 by Carolyn Williams, et al. (Attachments: #1 UN- REDACTED Memorandum in Support, #2 Exhibit 1 - Excerpts from the deposition transcript of Dr. Eric Adler, #3 Exhibit 7 - ONG008111475478) (Clark, Timothy) Modified text on 1/25/2021 (CBD). |
Filing 633 MOTION to Exclude Expert Testimony of Dr. Eric Adler by Carolyn Williams (Attachments: #1REDACTED Memorandum in Support, #2 SEALED Exhibit 1 - Excerpts from the deposition transcript of Dr. Eric Adler, #3 Exhibit 2 - Dr. Adler Materials Considered, #4 Exhibit 3 - Dr. Abraham Materials Considered, #5 Exhibit 4 - Dr. Abraham Expert Report, #6 Exhibit 5 - Dr. Adler Expert Report, #7 INCORRECT Exhibit 6 - Dr. Goyal Expert Report, #8 SEALED Exhibit 7 - ONG008111475478, #9 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text on 1/25/2021 (CBD). (Additional attachment(s) added on 1/25/2021: #10 CORRECTED Exhibit 6 - Dr. Goyal Expert Report) (CBD). |
Filing 632 MOTION for leave to Seal a Documents re #633 Motion to Exclude Testimony of Dr. Eric Adler by Carolyn Williams. (Attachments: #1 INCORRECT Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text on 1/25/2021 (CBD). |
Filing 631 MOTION to Exclude Testimony of Dr. Todd Lee by David Taylor (Attachments: #1 Memorandum in Support, #2 Exhibit Declaration of Jennifer A. Moore, #3 Exhibit 1 - Lee Expert Report, #4 Exhibit 2 - Lee CV, #5 Exhibit 3 - Lee Deposition Excerpts, #6 Exhibit 4 - Lee Profile, #7 Exhibit 5 - Report of Dr. Suneil Koliwad and Materials, #8 Exhibit 6 - Report of Dr. Michael Fowler and Materials, #9 Exhibit 7 - Report of Dr. William T. Abraham and Materials, #10 Exhibit 8 - Report of Dr. Eric Adler and Materials, #11 Exhibit 9 - April 2016 FDA Communication, #12 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) See DE #635 for Amended/Corrected version of this entry. Modified text on 1/25/2021 (CBD). |
Filing 630 MOTION to Exclude Testimony of Dr. Suneil Koliwad AND Dr. Michael Fowler by David Taylor (Attachments: #1 Memorandum in Support, #2 Exhibit Declaration of Jennifer A. Moore, #3 Exhibit 1 - Report of Dr. Suneil Koliwad and Materials, #4 Exhibit 2 - Koliwad CV, #5 Exhibit 3 - Report of Dr. Michael Fowler and Materials, #6 Exhibit 4 - Fowler CV, #7 Exhibit 5 - Koliwad Lab, #8 Exhibit 6 - Suneil Koliwad UCSF Profiles, #9 Exhibit 7 - Report of Dr. William T. Abraham and Materials, #10 Exhibit 8 - Report of Dr. Eric Adler and Materials, #11 Exhibit 9 - Report of Dr. Todd A. Lee and Materials, #12 Exhibit 10 - April 2016 FDA Communication, #13 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) Modified text on 1/25/2021 (CBD). |
Filing 629 ORDER: Plaintiffs' Motion to Compel in case (filed as #609 in 5:18-md-02809-KKC-MAS, et al) is DENIED. The undersigned enters this Memorandum Opinion pursuant to 28 U.S.C. 636(b)(1)(A). Within fourteen (14) days after being served with a copy of this Memorandum Opinion, either party may appeal this decision to Judge Caldwell pursuant 636(b)(1)(A) and FED. R. CIV. P. 72(a). Signed by Magistrate Judge Matthew A. Stinnett on 1/22/21. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 628 SEALED DOCUMENT - UN-REDACTED Motion to Exclude re #626 REDACTED MOTION to Exclude. Sealed pursuant to #627 MOTION for Leave to Seal by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation the Testimony of Plaintiffs' Expert Parag Goyal, MD by AstraZeneca Phar by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Exhibit 1 - Goyal, Parag 121520 Condensed, #2 Exhibit 2 - Goyal, Parag 123020 Condensed, #3 Exhibit 7 - Dr. Parag Goyal Expert Report) (Browning, Carol) Modified text on 1/25/2021 (CBD). |
Filing 627 MOTION for leave to Seal a Document #626 REDACTED MOTION to Exclude by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation the Testimony of Plaintiffs' Expert Parag Goyal, MD by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Proposed Order)(Browning, Carol) |
Filing 626 REDACTED MOTION to Exclude by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation the Testimony of Plaintiffs' Expert Parag Goyal, MD (Attachments: #1 Declaration of Emily Ullman In Support of Motion to Exclude, #2 Exhibit 1 - Filed Under Seal, #3 Exhibit 2 - Filed Under Seal, #4 Exhibit 3 - Pollack 2017, #5 Exhibit 4 - Iqbal 2014, #6 Exhibit 5 - FDA Medical Review - Part 1 (Excerpt), #7 Exhibit 6 - Scirica 2013, #8 Exhibit 7 - Filed Under Seal, #9 Exhibit 8 - Summary Review (excerpt), #10 Exhibit 9 - Scirica 2014, #11 Exhibit 10 - Onglyza Ad Comm Transcript (excerpt), #12 Exhibit 11 - ONG000000155, #13 Exhibit 12 - ONG004854640, #14 Exhibit 13 - Fu 2016, #15 Exhibit 14 - Toh 2016, #16 Exhibit 15 - Chang 2016, #17 Exhibit 16 - Fadini 2017, #18 Exhibit 17 - Kim 2017, #19 Exhibit 18 - Zannad 2015, #20 Exhibit 19 - Green 2015, #21 Exhibit 20 - Rosenstock 2019(a), #22 Exhibit 21 - Rosenstock 2019(b), #23 Exhibit 22 - Singh 2019, #24 Exhibit 23 - Sinha 2019, #25 Exhibit 24 - Type 2 Diabetes Mellitus Evaluating the Safety of New Drugs for Improving Glycemic Control Draft, #26 Exhibit 25 - Wells, Martin T. 100820 Condensed (excerpt), #27 Exhibit 26 - Report of Dr. William T. Abraham and Materials, #28 Exhibit 27 - Report of Dr. Eric Adler and Materials, #29 Exhibit 28 - Report of Dr. Todd A. Lee and Materials, #30 Exhibit 29 - Report of Dr. Suneil Koliwad and Materials, #31 Exhibit 30 - Report of Dr. Michael Fowler and Materials, #32 Exhibit 31 - Goyal Rebuttal Report, #33 Exhibit 32 - FDA guidance - Multiple Endpoints in Clinical Trials, #34 Exhibit 33 - Cebrian-Cuenca 2016, #35 Exhibit 34 - Scheen 2018, #36 Exhibit 35 - FDA EMDAC-10242018-10252018-FDABackgrounder, #37 Exhibit 36 - Onglyza European label, SmPC, #38 Exhibit 37 - Dunlay 2019, #39 Exhibit 38 - Hiemstra 2016, #40 Exhibit 39 - Ikeda 2016, #41 Exhibit 40 - Hill (1965) - The Environment and Disease- Association, #42 Exhibit 41 - Pocock 2015, #43 Exhibit 42 - Son 2015, #44 Exhibit 43 - Zannad 2018 (final version), #45 Proposed Order)(Browning, Carol) |
Filing 625 DUPLICATE - ORDER: the quarterly telephonic status conference scheduled to take place on January 22, 2021 is hereby CANCELED and will be rescheduled by separate order. Signed by Judge Karen K. Caldwell on 1/22/21.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR and Lex D Modified text on 1/22/2021 (CBD). |
Filing 624 ORDER: the quarterly telephonic status conference scheduled to take place on January 22, 2021 is hereby CANCELED and will be rescheduled by separate order. Signed by Judge Karen K. Caldwell on 1/22/2021.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR and Lex D |
Clerk's Note: The Order entered 1/22/21 was incorrectly filed twice. The second entry has been marked as a "duplicate." Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #623 Joint Status Report (CBD) |
Filing 623 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 622 TRANSCRIPT REQUEST by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation for proceedings held on 12/15/2020 before Judge Hon. Matthew Stinnett.. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
Filing 621 ORDER: Joint Motion (filed as #620 in case 5:18-md-02809-KKC-MAS, et al) to Extend Page Limits is GRANTED. The page limits for motions and responses shall be 33 pages, and the page limit for the reply shall be 17 pages. Signed by Judge Karen K. Caldwell on 1/13/2021. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #620 JOINT MOTION To Extend Page Limits on Daubert Motions (CBD) |
Filing 620 JOINT MOTION for Order by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation To Extend Page Limits (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 619 ORDER: Court hereby ORDERS that the quarterly telephonic status conference currently scheduled for January 13, 2021 is CANCELED and is RESCHEDULED to take place on January 22, 2021 at 3:00 p.m. Counsel shall access the call by: dialing 1-888-684-8852; enter access code 6823688. Signed by Judge Karen K. Caldwell on 1/11/2021. Associated Cases: 5:18-md-02809-KKC-MAS et al. (TDA) cc: COR& LexCD |
Filing 618 ORDER: Dfts Motion for Leave to Maintain Documents Under Seal #616 is GRANTED. Signed by Magistrate Judge Matthew A. Stinnett on 1/11/2021. Associated Cases: 5:18-md-02809-KKC-MAS et al. (TDA) cc: COR |
Set/Reset Hearings: Telephone Conference set for 1/13/2021 is CANCELED and RESCHEDULED for 1/22/2021 at 03:00 PM in LEXINGTON before Judge Karen K. Caldwell. (TDA) |
Filing 617 SEALED UN-REDACTED RESPONSE and Sealed Exhibits G-K re #615 Response. Sealed pursuant to MOTION TO SEAL re #616 MOTION for Leave by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation to File Exhibits and Portions of Defendants' Opposition to Plaintiffs' Motion to Compel Under Seal by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Exhibit G - Goyal 12-15-20 depo excerpt, #2 Exhibit H - Goyal 12-30-20 depo excerpt, #3 Exhibit I - Adler 12-18-20 depo excerpt, #4 Exhibit J - Abraham 12-22-20 depo excerpt, #5 Exhibit K - Lee 12-23-20 depo excerpt) (Browning, Carol) Modified on 1/12/2021 (CBD). |
Filing 616 MOTION for Leave by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation to File Exhibits and Portions of Defendants' Opposition to Plaintiffs' Motion to Compel Under Seal Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
Filing 615 REDACTED RESPONSE in Opposition re #609 MOTION to Compel to produce pursuant to their duty to supplement under Rule 26(e) by Carolyn Williams filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. (Attachments: #1 Ullman Declaration in Support of Opposition to Motion to Compel, #2 Exhibit A - Wells Expert Report, #3 Exhibit B - ONGHF-017 Production Lt (Dec 2, 2020), #4 Exhibit C - ONGHF-018 Production Lt (Dec 8, 2020), #5 Exhibit D - ONGHF-019 and -020 Production Lt (Dec 9, 2020), #6 Exhibit E - ONGHF-021 Production Lt (Dec 10, 2020), #7 Exhibit F - Email from E Ullman to T Clark (Dec 9, 2020), #8 Exhibit G - filed under seal, #9 Exhibit H - filed under seal, #10 Exhibit I - filed under seal, #11 Exhibit J - filed under seal, #12 Exhibit K - filed under seal, #13 Exhibit L - Oct 21 2020 Hrg Tr, Dkt 606, #14 Exhibit M - Dec 1, 2020 email)(Browning, Carol) See DE #617 for Un-Redacted Response and Sealed Exhibits G-K Modified on 1/12/2021 (CBD). |
Filing 614 TRANSCRIPT of Proceedings: TELEPHONIC CONFERENCE held on 12/15/2020 before Judge Matthew A. Stinnett. Court Reporter: Elaine Haberer, RPR, Telephone number 859-469-7456. Transcript ordered by: MATTHEW A. STINNETT. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 1/22/2021. Redacted Transcript Deadline set for 2/1/2021. Release of Transcript Restriction set for 4/1/2021. |
Filing 613 ORDER: Motion to Expedite [DE 610 in 5:18-md-2809, et al] is GRANTED. Defendants' Response to Plaintiffs' Motion to Compel at [DE 609 in 5:18-md-2809, et al] shall be filed not later than January 8, 2020. In the interest of reaching a quick resolution, there shall be no time allotted for a reply. After the Court receives Defendants' Response, the Court will determine whether a hearing is required. IT IS FURTHER ORDERED that the Motion to Seal [DE 608] is GRANTED. Signed by Magistrate Judge Matthew A. Stinnett on 12/28/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Stinnett for review: re #608 MOTION for leave to Seal a Document by Carolyn Williams, #610 MOTION to Expedite Motion to Compel by Carolyn Williams (CBD) |
Filing 612 RESPONSE in Opposition to Motion to Expedite ( #610 in 5:18-md-2809, et al) filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified link on 1/7/2021 (CBD). |
Filing 611 SEALED DOCUMENT (Exhibits to #609 Motion to Compel) Sealed pursuant to PROTECTIVE ORDER re #608 Motion to Seal by Carolyn Williams (Attachments: #1 Exhibit 3 - ONG009373221, #2 Exhibit 4 - Excerpts from the draft transcript of the deposition of Dr. Eric Adler, #3 Exhibit 5 - ONG009371733, #4 Exhibit 6A - ONG009374863, Case Report Form for MEASURE-HF, #5 Exhibit 6B - ONG009374863, Case Report Form for MEASURE-HF, #6 Exhibit 6C - ONG009374863, Case Report Form for MEASURE-HF, #7 Exhibit 6D - ONG009374863, Case Report Form for MEASURE-HF, #8 Exhibit 6E - ONG009374863, Case Report Form for MEASURE-HF, #9 Exhibit 6F - ONG009374863, Case Report Form for MEASURE-HF, #10 Exhibit 6G - ONG009374863, Case Report Form for MEASURE-HF, #11 Exhibit 6H - ONG009374863, Case Report Form for MEASURE-HF, #12 Exhibit 7 - Excerpts from the draft transcript of the deposition of Dr. Parag Goyal) (Clark, Timothy) Modified on 12/27/2020 (CBD). |
Filing 610 MOTION to Expedite #611 Motion to Compel by Carolyn Williams (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified on 12/27/2020 (CBD). |
Filing 609 MOTION to Compel to produce pursuant to their duty to supplement under Rule 26(e) by Carolyn Williams Motions referred to Matthew A. Stinnett. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Declaration of F. Olinde, #3 Exhibit 2 - Declaration of S. Smith, #4 Exhibit 3 - Filed Conditionally Under Seal - ONG009373221, #5 Exhibit 4 - Filed Conditionally Under Seal - Excerpts from the draft transcript of the deposition of Dr. Eric Adler, #6 Exhibit 5 - Filed Conditionally Under Seal - ONG009371733, #7 Exhibit 6 - Filed Conditionally Under Seal - ONG009374863, #8 Exhibit 7 - Filed Conditionally Under Seal - Excerpts from the draft transcript of the deposition of Dr. Parag Goyal, #9 Exhibit 8 - Email from F. Olinde, #10 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified on 12/27/2020 (CBD). |
Filing 608 MOTION for leave to Seal a Document by Carolyn Williams (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) |
Filing 607 ORDER APPOINTING ASHLEY BARRIERE OF KELLER LENKNER LLC AS ADDITIONAL COUNSEL TO PLAINTIFFS' STEERING COMMITTEE: Motion ( #597 in case 5:18-md-02809-KKC- MAS, et al) is GRANTED, and this Courts Order Appointing Plaintiffs' Leadership Structure [DE 162] is hereby amended to include Ashley Barriere of Keller Lenkner LLC as additional counsel to the Plaintiffs Steering Committee ("PSC") to lead the PSCs law and briefing subcommittee. Signed by Judge Karen K. Caldwell on 12/22/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #597 MOTION to Appoint Counsel Ashley Barriere by Carolyn Williams (CBD) |
Filing 606 TRANSCRIPT of Proceedings: STATUS CONFERENCE held on 10/21/2020 before Judge Stinnett. Court Reporter: Linda Mullen, Telephone number (859) 469-7459. Transcript ordered by: CAROL DAN BROWNING. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 1/11/2021. Redacted Transcript Deadline set for 1/22/2021. Release of Transcript Restriction set for 3/19/2021. |
Filing 605 TRANSCRIPT of Proceedings: STATUS CONFERENCE held on 9/17/2020 before Judge Stinnett. Court Reporter: Linda Mullen, Telephone number (859) 469-7459. Transcript ordered by: CAROL DAN BROWNING. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 1/11/2021. Redacted Transcript Deadline set for 1/22/2021. Release of Transcript Restriction set for 3/19/2021. |
Filing 604 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 12/15/2020 in case 5:18-md-02809-KKC-MAS. before Magistrate Judge Matthew A. Stinnett: The parties appeared for telephonic status conference on a discovery dispute, as noted. After hearing statements of counsel, the Court FINDS and ORDERS as follows: 1. Pursuant to Fed. R. Civ. P. 30(d), it is within the Courts discretion to allow additional time for a deposition where consistent with Rule 26(b)(1) and (2) if needed to fairly examine the deponent; 2. Considering the proportional needs of this complex case, the importance of Dr. Goyals testimony to Plaintiffs case, and the costs involved in extended expert deposition time, additional time to depose Dr. Goyal is appropriate; 3. The Court DENIES Defendants oral motion to require Dr. Goyal to answer deposition questions in a particular manner; 4. Dr. Goyal is encouraged to answer questions directly, and then expand on those direct answers as necessary; and 5. The Court GRANTS Defendants oral motion for additional time to depose Dr. Goyal. The time for the deposition of this expert is extended from 7 to 14 hours. Signed by Matthew A. Stinnett. (Court Reporter Elaine Haberer.) Associated Cases: 5:18-md-02809-KKC-MAS et al. (CBD)cc: COR |
ORAL MOTION to require Dr. Goyal to answer deposition questions in a particular manner by Defendants (CBD) |
ORAL MOTION for additional time to depose Dr. Goyal by defendants' (CBD) |
Filing 603 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 602 ORDER: (1) The Court SCHEDULES a TELEPHONE CONFERENCE set for 12/15/2020 at 03:00 PM in. To participate in the call, counsel must call (877) 336- 1828. The Court has provided the access code to the parties through separate correspondence. Parties must call into the conference and be ready to proceed 5 minutes prior to the time designated. (2) In advance of the call, and as a predicate to the call, the parties shall confer in an effort to reach an agreed resolution. They shall promptly advise the Court if the call is not needed. (3) The call will be on the record. Signed by Magistrate Judge Matthew A. Stinnett on 12/15/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR and Lex D |
Set/Reset Hearings: TELEPHONE CONFERENCE set for 12/15/2020 at 03:00 PM in LEXINGTON before Magistrate Judge Matthew A. Stinnett. (CBD) |
Filing 601 TRANSCRIPT REQUEST by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation for proceedings held on 10/21/2020 before Judge Hon. Matthew A. Stinnett.. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
Filing 600 TRANSCRIPT REQUEST by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation for proceedings held on 9/17/2020 before Judge Hon. Matthew A. Stinnett.. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
Clerk's Note: Electronic recording information packed provided to Linda Mullen re #601 Transcript Request, #600 Transcript Request, #599 Transcript Request. (STC) |
Filing 599 TRANSCRIPT REQUEST by Carolyn Williams for proceedings held on 10/21/2020 before Judge Matthew A. Stinnett.. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) |
Filing 598 SUGGESTION OF DEATH Upon the Record as to Michael Martin by Michael Martin. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00095-KKC(Johnson, Michael) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #598 SUGGESTION OF DEATH Upon the Record as to Michael Martin (CBD) |
Filing 597 MOTION to Appoint Counsel Ashley Barriere by Carolyn Williams. (Attachments: #1 Memorandum in Support, #2 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text on 11/25/2020 (TDA). |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #596 Joint Status Report (CBD) |
Filing 596 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 595 NOTICE OF ERROR Re: PDF DOCUMENT - Error: INCORRECT document attached to docket entry by docket clerk; Original Order (pdf image) included incorrect Daubert briefing deadlines that reflected the year 2020 re (594 in 5:18-md-02809-KKC-MAS, et al); Corrected document attached to this entry. *CBD* cc: COR Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Terminating (176) Motion for leave to Seal Document in case 5:18-cv-00053-KKC; terminating (210) Motion for leave to Seal Document in case 5:18-cv-00054-KKC; terminating (167) Motion for leave to Seal Document in case 5:18-cv-00055-KKC; terminating (219) Motion for leave to Seal Document in case 5:18-cv-00056-KKC; terminating (174) Motion for leave to Seal Document in case 5:18-cv-00057-KKC; terminating (163) Motion for leave to Seal Document in case 5:18-cv-00062-KKC; terminating (219) Motion for leave to Seal Document in case 5:18-cv-00063-KKC; terminating (174) Motion for leave to Seal Document in case 5:18-cv-00065-KKC; terminating (187) Motion for leave to Seal Document in case 5:18-cv-00066-KKC; terminating (165) Motion for leave to Seal Document in case 5:18-cv-00067-KKC; terminating (197) Motion for leave to Seal Document in case 5:18-cv-00070-KKC; terminating (193) Motion for leave to Seal Document in case 5:18-cv-00074-KKC; terminating (179) Motion for leave to Seal Document in case 5:18-cv-00076-KKC; terminating (174) Motion for leave to Seal Document in case 5:18-cv-00077-KKC; terminating (183) Motion for leave to Seal Document in case 5:18-cv-00078-KKC; terminating (163) Motion for leave to Seal Document in case 5:18-cv-00072-KKC; terminating (167) Motion for leave to Seal Document in case 5:18-cv-00073-KKC; terminating (139) Motion for leave to Seal Document in case 5:18-cv-00080-KKC; terminating (189) Motion for leave to Seal Document in case 5:18-cv-00081-KKC; terminating (139) Motion for leave to Seal Document in case 5:18-cv-00082-KKC; terminating (139) Motion for leave to Seal Document in case 5:18-cv-00085-KKC; terminating (139) Motion for leave to Seal Document in case 5:18-cv-00089-KKC; terminating (213) Motion for leave to Seal Document in case 5:18-cv-00090-KKC; terminating (139) Motion for leave to Seal Document in case 5:18-cv-00091-KKC; terminating (246) Motion for leave to Seal Document in case 5:18-cv-00094-KKC; terminating (202) Motion for leave to Seal Document in case 5:18-cv-00095-KKC; terminating (148) Motion for leave to Seal Document in case 5:18-cv-00098-KKC; terminating (159) Motion for leave to Seal Document in case 5:18-cv-00099-KKC; terminating (161) Motion for leave to Seal Document in case 5:18-cv-00100-KKC; terminating (170) Motion for leave to Seal Document in case 5:18-cv-00107-KKC; terminating (152) Motion for leave to Seal Document in case 5:18-cv-00111-KKC; terminating (152) Motion for leave to Seal Document in case 5:18-cv-00101-KKC; terminating (169) Motion for leave to Seal Document in case 5:18-cv-00104-KKC; terminating (163) Motion for leave to Seal Document in case 5:18-cv-00116-KKC; terminating (165) Motion for leave to Seal Document in case 5:18-cv-00118-KKC; terminating (164) Motion for leave to Seal Document in case 5:18-cv-00119-KKC; terminating (145) Motion for leave to Seal Document in case 5:18-cv-00120-KKC; terminating (158) Motion for leave to Seal Document in case 5:18-cv-00121-KKC; terminating (158) Motion for leave to Seal Document in case 5:18-cv-00122-KKC; terminating (164) Motion for leave to Seal Document in case 5:18-cv-00123-KKC; terminating (152) Motion for leave to Seal Document in case 5:18-cv-00124-KKC; terminating (154) Motion for leave to Seal Document in case 5:18-cv-00105-KKC; terminating (154) Motion for leave to Seal Document in case 5:18-cv-00108-KKC; terminating (159) Motion for leave to Seal Document in case 5:18-cv-00110-KKC; terminating (157) Motion for leave to Seal Document in case 5:18-cv-00127-KKC; terminating (159) Motion for leave to Seal Document in case 5:18-cv-00112-KKC; terminating (139) Motion for leave to Seal Document in case 5:18-cv-00128-KKC; terminating (151) Motion for leave to Seal Document in case 5:18-cv-00129-KKC; terminating (151) Motion for leave to Seal Document in case 5:18-cv-00130-KKC; terminating (165) Motion for leave to Seal Document in case 5:18-cv-00131-KKC; terminating (161) Motion for leave to Seal Document in case 5:18-cv-00134-KKC; terminating (146) Motion for leave to Seal Document in case 5:18-cv-00132-KKC; terminating (130) Motion for leave to Seal Document in case 5:18-cv-00139-KKC; terminating (141) Motion for leave to Seal Document in case 5:18-cv-00147-KKC; terminating (160) Motion for leave to Seal Document in case 5:18-cv-00145-KKC; terminating (204) Motion for leave to Seal Document in case 5:18-cv-00148-KKC; terminating (185) Motion for leave to Seal Document in case 5:18-cv-00150-KKC; terminating (145) Motion for leave to Seal Document in case 5:18-cv-00151-KKC; terminating (149) Motion for leave to Seal Document in case 5:18-cv-00154-KKC; terminating (142) Motion for leave to Seal Document in case 5:18-cv-00155-KKC; terminating (138) Motion for leave to Seal Document in case 5:18-cv-00162-KKC; terminating (138) Motion for leave to Seal Document in case 5:18-cv-00167-KKC; terminating (141) Motion for leave to Seal Document in case 5:18-cv-00170-KKC; terminating (141) Motion for leave to Seal Document in case 5:18-cv-00180-KKC; terminating (139) Motion for leave to Seal Document in case 5:18-cv-00217-KKC; terminating (135) Motion for leave to Seal Document in case 5:18-cv-00219-KKC; terminating (135) Motion for leave to Seal Document in case 5:18-cv-00223-KKC; terminating (143) Motion for leave to Seal Document in case 5:18-cv-00233-KKC; terminating (144) Motion for leave to Seal Document in case 5:18-cv-00234-KKC; terminating (139) Motion for leave to Seal Document in case 5:18-cv-00237-KKC; terminating (143) Motion for leave to Seal Document in case 5:18-cv-00239-KKC; terminating (140) Motion for leave to Seal Document in case 5:18-cv-00240-KKC; terminating (140) Motion for leave to Seal Document in case 5:18-cv-00241-KKC; terminating (138) Motion for leave to Seal Document in case 5:18-cv-00238-KKC; terminating (143) Motion for leave to Seal Document in case 5:18-cv-00243-KKC; terminating (137) Motion for leave to Seal Document in case 5:18-cv-00244-KKC; terminating (137) Motion for leave to Seal Document in case 5:18-cv-00246-KKC; terminating (138) Motion for leave to Seal Document in case 5:18-cv-00247-KKC; terminating (139) Motion for leave to Seal Document in case 5:18-cv-00248-KKC; terminating (140) Motion for leave to Seal Document in case 5:18-cv-00250-KKC; terminating (144) Motion for leave to Seal Document in case 5:18-cv-00253-KKC; terminating (138) Motion for leave to Seal Document in case 5:18-cv-00256-KKC; terminating (137) Motion for leave to Seal Document in case 5:18-cv-00252-KKC; terminating (136) Motion for leave to Seal Document in case 5:18-cv-00257-KKC; terminating (139) Motion for leave to Seal Document in case 5:18-cv-00258-KKC; terminating (144) Motion for leave to Seal Document in case 5:18-cv-00260-KKC; terminating (136) Motion for leave to Seal Document in case 5:18-cv-00259-KKC; terminating (134) Motion for leave to Seal Document in case 5:18-cv-00266-KKC; terminating (139) Motion for leave to Seal Document in case 5:18-cv-00269-KKC; terminating (137) Motion for leave to Seal Document in case 5:18-cv-00271-KKC; terminating (133) Motion for leave to Seal Document in case 5:18-cv-00268-KKC; terminating (138) Motion for leave to Seal Document in case 5:18-cv-00270-KKC; terminating (134) Motion for leave to Seal Document in case 5:18-cv-00279-KKC; terminating (134) Motion for leave to Seal Document in case 5:18-cv-00281-KKC; terminating (136) Motion for leave to Seal Document in case 5:18-cv-00285-KKC; terminating (134) Motion for leave to Seal Document in case 5:18-cv-00287-KKC; terminating (138) Motion for leave to Seal Document in case 5:18-cv-00297-KKC; terminating (128) Motion for leave to Seal Document in case 5:18-cv-00298-KKC; terminating (135) Motion for leave to Seal Document in case 5:18-cv-00300-KKC; terminating (136) Motion for leave to Seal Document in case 5:18-cv-00301-KKC; terminating (140) Motion for leave to Seal Document in case 5:18-cv-00302-KKC; terminating (135) Motion for leave to Seal Document in case 5:18-cv-00303-KKC; terminating (139) Motion for leave to Seal Document in case 5:18-cv-00304-KKC; terminating (142) Motion for leave to Seal Document in case 5:18-cv-00307-KKC; terminating (139) Motion for leave to Seal Document in case 5:18-cv-00308-KKC; terminating (134) Motion for leave to Seal Document in case 5:18-cv-00312-KKC; terminating (133) Motion for leave to Seal Document in case 5:18-cv-00314-KKC; terminating (133) Motion for leave to Seal Document in case 5:18-cv-00315-KKC; terminating (137) Motion for leave to Seal Document in case 5:18-cv-00316-KKC; terminating (135) Motion for leave to Seal Document in case 5:18-cv-00318-KKC; terminating (136) Motion for leave to Seal Document in case 5:18-cv-00320-KKC; terminating (135) Motion for leave to Seal Document in case 5:18-cv-00321-KKC; terminating (133) Motion for leave to Seal Document in case 5:18-cv-00323-KKC; terminating (142) Motion for leave to Seal Document in case 5:18-cv-00325-KKC; terminating (138) Motion for leave to Seal Document in case 5:18-cv-00326-KKC; terminating (138) Motion for leave to Seal Document in case 5:18-cv-00328-KKC; terminating (135) Motion for leave to Seal Document in case 5:18-cv-00330-KKC; terminating (135) Motion for leave to Seal Document in case 5:18-cv-00331-KKC; terminating (140) Motion for leave to Seal Document in case 5:18-cv-00332-KKC; terminating (135) Motion for leave to Seal Document in case 5:18-cv-00335-KKC; terminating (139) Motion for leave to Seal Document in case 5:18-cv-00333-KKC; terminating (133) Motion for leave to Seal Document in case 5:18-cv-00336-KKC; terminating (145) Motion for leave to Seal Document in case 5:18-cv-00337-KKC; terminating (137) Motion for leave to Seal Document in case 5:18-cv-00334-KKC; terminating (137) Motion for leave to Seal Document in case 5:18-cv-00339-KKC; terminating (133) Motion for leave to Seal Document in case 5:18-cv-00338-KKC; terminating (144) Motion for leave to Seal Document in case 5:18-cv-00341-KKC; terminating (144) Motion for leave to Seal Document in case 5:18-cv-00342-KKC; terminating (134) Motion for leave to Seal Document in case 5:18-cv-00343-KKC; terminating (135) Motion for leave to Seal Docume |
Terminating(141) Motion for Order to Show Cause in case 5:18-cv-00089-KKC; terminating (161) Motion for Order to Show Cause in case 5:18-cv-00112-KKC; terminating (138) Motion for Order to Show Cause in case 5:18-cv-00257-KKC; terminating (136) Motion for Order to Show Cause in case 5:18-cv-00281-KKC; terminating (130) Motion for Order to Show Cause in case 5:18-cv-00298-KKC; terminating (137) Motion for Order to Show Cause in case 5:18-cv-00303-KKC; terminating (141) Motion for Order to Show Cause in case 5:18-cv-00304-KKC; terminating (144) Motion for Order to Show Cause in case 5:18-cv-00307-KKC; terminating (136) Motion for Order to Show Cause in case 5:18-cv-00312-KKC; terminating (135) Motion for Order to Show Cause in case 5:18-cv-00315-KKC; terminating (137) Motion for Order to Show Cause in case 5:18-cv-00318-KKC; terminating (138) Motion for Order to Show Cause in case 5:18-cv-00320-KKC; terminating (135) Motion for Order to Show Cause in case 5:18-cv-00323-KKC; terminating (137) Motion for Order to Show Cause in case 5:18-cv-00330-KKC; terminating (142) Motion for Order to Show Cause in case 5:18-cv-00332-KKC; terminating (141) Motion for Order to Show Cause in case 5:18-cv-00333-KKC; terminating (146) Motion for Order to Show Cause in case 5:18-cv-00341-KKC; terminating (146) Motion for Order to Show Cause in case 5:18-cv-00342-KKC; terminating (136) Motion for Order to Show Cause in case 5:18-cv-00343-KKC; terminating (137) Motion for Order to Show Cause in case 5:18-cv-00344-KKC; terminating (143) Motion for Order to Show Cause in case 5:18-cv-00348-KKC; terminating (139) Motion for Order to Show Cause in case 5:18-cv-00349-KKC; terminating (136) Motion for Order to Show Cause in case 5:18-cv-00355-KKC; terminating (139) Motion for Order to Show Cause in case 5:18-cv-00357-KKC; terminating (135) Motion for Order to Show Cause in case 5:18-cv-00370-KKC; terminating (118) Motion for Order to Show Cause in case 5:18-cv-00554-KKC; terminating (78) Motion for Order to Show Cause in case 5:19-cv-00149-KKC; terminating (67) Motion for Order to Show Cause in case 5:19-cv-00272-KKC; terminating (35) Motion for Order to Show Cause in case 5:19-cv-00436-KKC. Per Order signed by Magistrate Judge Matthew A. Stinnett on 7/20/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 594 ORDER: Plaintiffs Motion #573 to Compel is DENIED and Plaintiffs Motion for Extension of Time is GRANTED. 1. Depositions of expert witnesses on the issue of general causation must be completed by December 31, 2020; 2. Any Daubert motions challenging expert witness testimony on the issue of general causation must be filed by January 22, 2021. Any responses to such motions must be filed by February 19, 2021. Any replies must be filed by March 10, 2021; and 3. Judge Caldwell will reschedule the hearings on any Daubert motions by separate order. The undersigned enters this Memorandum Opinion pursuant to 28 U.S.C. 636(b)(1)(A). Within fourteen (14) days after being served with a copy of this Memorandum Opinion, either party may appeal this decision to Judge Caldwell pursuant 636(b)(1)(A) and FED. R. CIV. P. 72(a). Signed by Magistrate Judge Matthew A. Stinnett on 11/9/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR (Main Document 594 replaced on 11/10/2020) (CBD). Modified on 1/26/2021 (CBD). |
Set/Reset Deadlines: Daubert Motions hallenging expert witness testimony on the issue of generalcausation due by 1/22/2021. Resposnes due 2/19/2021. Replies due 3/10/2021. (CBD) |
NOTICE OF FEE REFUND APPROVED re #593 Order on Motion for Refund of Fees Paid Electronically. The fee transaction involving Receipt No. 0643-4796665 having been erroneously paid, the Clerk APPROVES the refund by processing a credit through the electronic credit card system. The credit refund transaction in the amount of $ 125.00 was successfully completed on 11/2/2020 at 12:36:32 PM cc: COR (CBD) |
Filing 593 ORDER: Motion for Refund of Fees Paid Electronically in case 5:18-md-02809-KKC-MAS (592) GRANTED. Clerk directed to send refund of $125 for pro hac vice admission of Kathleen Paley to Stites & Harbison. Signed by Magistrate Judge Matthew A. Stinnett on 10/28/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al. (SKV) cc: COR, Finance |
Filing 592 MOTION for Refund of Fees Paid Electronically Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order)(Browning, Carol) |
MEMBER CASE OPENED: Zamarripa, et al v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:20-cv-438 KKC pursuant to Order #174 . cc: COR, JPMDL (CBD) |
Motions Taken Under Advisement: #573 MOTION to Compel by Carolyn Williams AND TO EXTEND EXPERT DEADLINES IN ORDER TO PERMIT SUPPLEMENTAL EXPERT REPORTS BASED UPON MATERIAL WITHHELD BY DEFENDANTS (CBD) |
Filing 591 MINUTE ENTRY ORDER FOR TELEPHONIC STATUS CONFERENCE: proceedings held on 10/21/2020 before Magistrate Judge Matthew A. Stinnett; 1. The Motion to compel (R. #573 ) is TAKEN UNDER ADVISEMENT; 2. The Friday, October 23, 2020, deadline for filing Daubert motions is continued generally pending ruling on the Motion to Compel. Signed by Magistrate Judge Matthew A. Stinnett. (Tape #KYED-LEX__5-18-MD-2809-KKC-MAS_20201021_110316) Associated Cases: 5:18-md-02809-KKC-MAS et al (TDA) cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Stinnett for review: re #573 MOTION to Compel by Carolyn Williams AND TO EXTEND EXPERT DEADLINES IN ORDER TO PERMIT SUPPLEMENTAL EXPERT REPORTS BASED UPON MATERIAL WITHHELD BY DEFENDANTS (SKV) |
Filing 590 REPLY BRIEF to (573 in 5:18-md-02809-KKC-MAS) In Support Of MOTION TO COMPEL AND TO EXTEND EXPERT DEADLINES IN ORDER TO PERMIT SUPPLEMENTAL EXPERT REPORTS BASED UPON MATERIAL WITHHELD BY DEFENDANTS filed by Carolyn Williams. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) |
Filing 589 ORDER: Defendants' Motion (R. #586 in 5:18-md-2809, et al) for Leave to Maintain Documents Under Seal is GRANTED. Nothing in this Order shall be construed to prohibit Plaintiffs from challenging the designation of any documents in the future; the Court grants this Order in furtherance of the expeditious resolution of the pending Motion to Compel at (DE #573 in 5:18-md-2809, et al). Signed by Magistrate Judge Matthew A. Stinnett on 10/19/20. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Stinnett for review: re #586 MOTION for leave to Seal Exhibits A-K re Response #587 by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc. (CBD) Modified on 10/19/2020 (CBD). |
Filing 588 SEALED EXHIBITS A-K re Response #587 in 5:18-md-2809 Sealed pursuant to MOTION TO SEAL re #586 MOTION for leave to Seal a Document by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc. by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc. (Attachments: #1 Exhibit B - ONG007038126, #2 Exhibit C - ONG007036729, #3 Exhibit D - ONG007719918, #4 Exhibit E - ONG007129792, #5 Exhibit F - ONG007151763, #6 Exhibit G - ONG007141446, #7 Exhibit H - ONG007146130, #8 Exhibit I - ONG008470472, #9 Exhibit J - Dr. Parag Goyal Expert Report - MDL 2809, #10 Exhibit K - MDL 2809_Goyal Rebuttal Report) (Browning, Carol) Modified text on 10/19/2020 (CBD). |
Filing 587 RESPONSE in Opposition re (573 in 5:18-md-02809-KKC-MAS) MOTION to Compel by Carolyn Williams AND TO EXTEND EXPERT DEADLINES IN ORDER TO PERMIT SUPPLEMENTAL EXPERT REPORTS BASED UPON MATERIAL WITHHELD BY DEFENDANTS filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. (Attachments: #1 Affidavit of Dr. Barry Reicher, #2 Affidavit of Emily Ullman, #3 Exhibit A - ONG007036744 (sealed), #4 Exhibit B - ONG007038126 (sealed), #5 Exhibit C - ONG007036729 (sealed), #6 Exhibit D - ONG007719918 (sealed), #7 Exhibit E - ONG007129792 (sealed), #8 Exhibit F - ONG007151763 (sealed), #9 Exhibit G - ONG007141446 (sealed), #10 Exhibit H - ONG007146130 (sealed), #11 Exhibit I - ONG008470472 (sealed), #12 Exhibit J - Report of Dr. Parag Goyal (sealed), #13 Exhibit K - Rebuttal Report of Dr. Parag Goyal (sealed), #14 Exhibit L - Sept. 8-11, 2020 Email Correspondence, #15 Exhibit M - Sept. 21-Oct. 1, 2020 Email Correspondence, #16 Exhibit N - Oct. 7, 2020 Email Correspondence)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily)See DE #588 in 5:18-md-2809 for Sealed Exhibits A-K) Modified on 10/19/2020 (CBD). |
Filing 586 MOTION for leave to Seal Exhibits A-K to Response (R. 587 in 5:18-md-2809, et al) by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc. (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) Modified text on 10/19/2020 (CBD). |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #585 Joint Status Report. (TDA) |
Filing 585 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Attorney Update. Attorney Kathleen Paley for Bristol-Myers Squibb Company added. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Attorney Update. Attorney Kathleen Paley for AstraZeneca Pharmaceuticals LP added. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Attorney Update. Attorney Kathleen Paley for McKesson Corporation added. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Filing 584 ORDER: Joint Motion (R. #578 in 5:18-md-2809, et al) to Extend the Parties' Time to Respond is GRANTED; IT IS FURTHER ORDERED THAT Defendants shall file their response to the Motion to Compel and Extend Deadlines at (R. #573 in 5:18-md-2809, et al) not later than October 16, 2020, at 5:00 p.m. Eastern Time, and if Plaintiffs choose to file a Reply, they must do so not later than October 20, 2020, at 5:00 pm. Eastern Time. Signed by Magistrate Judge Matthew A. Stinnett on 10/13/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
***Reopen Document #573 MOTION to Compel by Carolyn Williams AND TO EXTEND EXPERT DEADLINES IN ORDER TO PERMIT SUPPLEMENTAL EXPERT REPORTS BASED UPON MATERIAL WITHHELD BY DEFENDANTS (CBD) |
Motion terminated per Order #584 - R. #578 Joint Motion for Extension of Time in case 5:18-md-02809-KKC-MAS, et al. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Filing 583 ORDER: This matter is before the Court on the motion (DE #577 in 5:18-md-2809, t al) by attorney Kathleen Paley to appear pro hac vice on behalf of the defendants. The Court hereby ORDERS the motion is DENIED as moot. Pursuant to the Courts Order Regarding Practice and Procedure upon Transfer (DE 3 in 5:18-md-2809, et al), the requirements of Rule 83.1 and 83.2 are waived as to any attorney duly admitted to practice before any federal court. Signed by Judge Karen K. Caldwell on 10/13/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR and Kathleen Paley by US Mail with a copy of the MDL 2809 ECF Registration |
Filing 582 ORDER: the October 14, 2020 telephonic status conference is CANCELED. The Court will set a new status conference date after Magistrate Judge Stinnett rules on the motion to compel and to extend expert discovery deadlines (DE #578 in 5:18-2809). After that ruling, the Court and parties will be in a better position to address any issues related to expert discovery and Daubert motions and hearings. Signed by Judge Karen K. Caldwell on 10/13/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR, Lex D. |
Attorney Update. Attorney Kathleen Paley for AstraZeneca Pharmaceuticals LP, Kathleen Paley for Bristol-Myers Squibb Company, Inc., Kathleen Paley for McKesson Corporation, added. (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Stinnett for review: re #578 JOINT MOTION for Extension of Time for the Parties to Respond to Plaintiffs' Motion to Compel and Extend Expert Deadlines (CBD) |
Filing 581 DISMISSAL WITHOUT PREJUDICE re (541 in 5:18-md-02809-KKC-MAS, 108 in 5:19-cv-00146-KKC): Court ORDERS that matter is DISMISSED without prejudice and STRICKEN from Courts active docket. Signed by Judge Karen K. Caldwell on 10/9/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00146-KKC (TDA) cc: COR & JPML |
Filing 580 DISMISSAL WITHOUT PREJUDICE re (169 in 5:18-cv-00350-KKC, 542 in 5:18-md-02809-KKC-MAS): Court ORDERS that matter is DISMISSED without prejudice and STRICKEN from Courts active docket. Signed by Judge Karen K. Caldwell on 10/9/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00350-KKC (TDA) cc: COR & JPML Modified cc: on 10/9/2020 (TDA). |
Filing 579 DISMISSAL WITHOUT PREJUDICE: In accordance with stipulation filed by parties, Court ORDERS that matter is DISMISSED without prejudice and STRICKEN from Court's active docket. Signed by Judge Karen K. Caldwell on 10/9/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00576-KKC (TDA) cc: COR & JPML |
Filing 578 JOINT MOTION for Extension of Time by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation for the Parties to Respond to Plaintiffs' Motion to Compel and Extend Expert Deadlines Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
Filing 577 MOTION for Kathleen Paley to Appear Pro Hac Vice by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation ( Filing fee $125; receipt number 0643-4796665) (Attachments: #1 Affidavit of Kathleen Paley, #2 Exhibit Certificate of Good Standing, #3 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
Filing 576 ORDER: Motion to Expedite Briefing (DE #572 in case 5:18-md-02809-KKC-MAS, et al) is GRANTED. Defendants shall file their response to the Motion to Compel and Extend Deadlines at (DE #573 in 5:18-md-2809) not later than October 15, 2020, at 5:00 p.m. Eastern Time. If Plaintiffs choose to file a Reply, they must do so not later than October 19, 2020, at 5:00 p.m. IT IS FURTHER ORDERED that this matter is scheduled for a Telephonic Motion Hearing on October 21, 2020, at 11:00 a.m. Eastern Time. The parties shall contact the undersigned's chambers not later than October 19, 2020, to obtain the call-in information. Signed by Magistrate Judge Matthew A. Stinnett on 10/8/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR, Lex D |
Filing 575 ORDER: Motion to Seal (DE 571 in 5:18-md-2809, et al) is GRANTED. The Court grants this motion to seal without making any determination as to the underlying discovery dispute. This Order shall have no effect on Plaintiffs' ability to challenge the "Confidential" or other designation of the sealed documents. Signed by Magistrate Judge Matthew A. Stinnett on 10/8/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
MEMBER CASE OPENED: De La Vega v. Bristol-Myers Squibb Company, Inc. et al Opened directly in Kentucky Eastern District as 5:20-cv-00419 pursuant to Order #174 . cc: COR, JPMDL (CBD) |
Filing 574 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #171 Protective Order,,, Terminate Motions,, by Carolyn Williams (Attachments: #1 Exhibit 2 - ONG008120101, #2 Exhibit 4 - ONG007620455, #3 Exhibit 8 - ONG007522432, #4 Exhibit 9 - ONG005784235, #5 Exhibit 10 - Excerpt from Dr. Adler Expert Report) (Clark, Timothy) |
Filing 573 MOTION to Compel by Carolyn Williams AND TO EXTEND EXPERT DEADLINES IN ORDER TO PERMIT SUPPLEMENTAL EXPERT REPORTS BASED UPON MATERIAL WITHHELD BY DEFENDANTS Motions referred to Matthew A. Stinnett. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Defendants' Responses to Plaintiffs' Requests for Production, #3 SEALED Exhibit 2 - ONG008120101, #4 Exhibit 3 - Mechanistic Evaluation of Glucose-lowering Strategies in Patients with Heart Failure, #5 SEALED Exhibit 4 - ONG007620455, #6 Exhibit 5 - Emails re Missing MEASURE Inquiry, #7 Exhibit 6 - Emails re MEASURE, #8 Exhibit 7 - Tufts Study, #9 SEALED Exhibit 8 - ONG007522432, #10 SEALED Exhibit 9 - ONG005784235, #11 SEALED Exhibit 10 - Excerpt of Dr. Adler's Expert Report, #12 Exhibit 11 - Emails re Meet and Confer, #13 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) See DE ( #574 in 5:18-md-2809) for SEALED Exhibits 2, 4, 8, 9, 10 Modified text on 10/8/2020 (CBD). |
Filing 572 MOTION to Expedite Plaintiffs' Motion to Compel and Extend Deadlines by Carolyn Williams (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text on 10/8/2020 (CBD). |
Filing 571 MOTION for leave to Seal a Documents marked as "Confidential" in Plaintiffs' Mem in Support of Expedited Motion to Compel and to Extend Deadlines by Carolyn Williams (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text on 10/8/2020 (CBD). |
Filing 570 ORDER REGARDING REMOTELY CONDUCTED DEPOSITIONS: This matter is before the Court upon Defendants Bristol-Myers Squibb Company, AstraZeneca Pharmaceuticals LP, and McKesson Corporations expedited motion for entry of a protocol governing remote depositions. The motion having been duly considered, and for good cause shown, the Court hereby ORDERS that depositions conducted by remote video technology shall be governed by the following terms, conditions, and requirements (see Order).. Signed by Magistrate Judge Matthew A. Stinnett on 10/6/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 569 ORDER: Defendants' Motion for Entry of Remote Deposition Protocol (DE 564 in 5:18-md-2809, et al) is GRANTED IN PART as to the request that the Court enter remote deposition protocols, and DENIED IN PART as to the protocols Defendants proposed. The Court will enter the Remote Deposition Protocol found at Ex. B to Plaintiffs Response [DE 566-2]. The Court reminds the parties that they do not have to attend every argument to which they are invited. Communication and compromise, particularly on discovery minutiae, is also a powerful form of advocacy. Signed by Magistrate Judge Matthew A. Stinnett on 10/6/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 568 ORDER: Defendants shall reply to Plaintiffs Response (re DE 564 in 5:18-md-2809) not later than 3:00 p.m. Eastern Time on October 6, 2020. The parties shall notify the Court as soon as possible if they resolve the dispute without Court intervention. Signed by Magistrate Judge Matthew A. Stinnett on 10/6/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 567 REPLY to Response to Motion re (564 in 5:18-md-02809-KKC-MAS, 564 in 5:18-md-02809-KKC-MAS) MOTION to Exedite by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson CorporationMOTION for Remote Protocol by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. (Attachments: #1 Exhibit A - Plaintiffs' Letter Brief)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
***MOTION SUBMITTED TO CHAMBERS of Judge Stinnett for review: re #564 EXPEDITED MOTION for Remote Protocol by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation (CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Stinnett for review: #566 Response in Opposition to Motion #564 (CBD) |
Filing 566 RESPONSE in Opposition re (564 in 5:18-md-02809-KKC-MAS, 564 in 5:18-md-02809-KKC-MAS) MOTION to Exedite by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson CorporationMOTION for Remote Protocol by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation filed by David Taylor. (Attachments: #1 Exhibit A - Redlined Proposed Remote Deposition Protocol Order, #2 Exhibit B - Clean Copy Proposed Remote Deposition Protocol Order, #3 Exhibit C - Email Chain)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) |
Filing 565 ORDER: Plaintiffs shall respond to Defendants' EXPEDITED MOTION (564 in 5:18-md-02809-KKC-MAS) Regarding Remote Deposition Protocol not later than 5:00 PM on 10/5/2020. Parties shall notify the Court as soon as possible if they resolve the dispute without Court intervention. Signed by Magistrate Judge Matthew A. Stinnett on 10/2/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 564 EXPEDITED MOTION for Regarding Remote Deposition Protocol by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation (Attachments: #1 Proposed Order Governing Remote Depositions, #2 Exhibit 1 - 9-8 Letter from J. Moore to E. Ullman, #3 Exhibit 2 - 9-17 Email from E. Ullman to J. Moore, #4 Exhibit 3 - 9-17 Consolidated Remote Deposition Agreement)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 10/2/2020 (CBD). |
MEMBER CASE OPENED: Breeland et al v. Bristol-Myers Squibb Company, Inc. et al directly opened in Kentucky Eastern District as 5:20-cv-00405-KKC pursuant to #1 Conditional Transfer Order #174 cc: COR, JPMDL (CBD) |
Filing 562 ORDER: Pursuant to Case Management Order No. 9 ( #529 in 5:18-md-2809), hearings on any Daubert motions in this matter are scheduled for the week of January 19, 2021. These hearings are currently scheduled to take place in the federal courthouse. The Court can conduct such hearings implementing measures recommended to restrict the spread of COVID-19, such as social distancing, the availability of hand sanitizers, and the wearing of masks. If, however, any party prefers that a witness or counsel appear remotely for any Daubert hearing, they should file a motion to that effect by December 31, 2020. Signed by Judge Karen K. Caldwell on 9/29/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 561 ORDER: Based on the parties' request for an extremely expedited teleconference, the Court did not request the parties fully and formally brief the issues before it. The Court will permit either party to file a formal motion (with briefing) related to the findings in this Order if either party so desires. Accordingly, for the reasons stated herein and the Court being sufficiently advised, IT IS ORDERED that: (1) The expert depositions in this matter shall proceed remotely; (2) Plaintiffs shall provide pinpoint citations to the six preclinical findings in Dr. Goyal's report not later than 5:00 p.m. Eastern Time on September 22, 2020; and (3) Either party now has leave to file a motion seeking additional or modified relief as to the matters addressed herein. If either party files such a motion, the Court will set a briefing schedule. Signed by Magistrate Judge Matthew A. Stinnett on 9/18/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 563 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 9/17/2020. before Magistrate Judge Matthew A. Stinnett: The Court heard the parties' respective positions on the pending disputes regarding expert discovery. The parties advised the Court they are working to resolve the issues regarding remote deposition protocols. The Court took the discovery dispute under advisement and resolved the dispute by separate order. Signed by Matthew A. Stinnett. (Tape #KYED-LEX__5-18-md-2809-KKC-MAS_20200917_154939.) Associated Cases: 5:18-md-02809-KKC-MAS et al. (CBD)cc: COR |
Filing 560 ORDER: (1) By 9/17/2020, at 8:00 AM Eastern Time, the involved parties SHALL submit (not file) maximum two-page letters outlining their positions on the discovery disputes. These letters shall be in PDF format and should be provided to Chambers by email (see Order). Counsel shall copy opposing counsel. Counsel may submit any relevant (but strictly targeted) portions of filings and other papers concerning the disputes as attachments to the letters. (2) The Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, on 9/17/2020 at 4:00 pm Eastern Time. To participate in the call, counsel must call (see Order). The Court will provide the access code to the parties through separate correspondence. Parties must call into the conference and be ready to proceed 5 minutes prior to the time designated. (3) In advance of the call, and as a predicate to the call, the parties shall confer in an effort to reach an agreed resolution. They shall promptly advise the Court if the call is not needed. (4) The Court will utilize the electronic sound (digital audio) recording system as the record for this call. Signed by Magistrate Judge Matthew A. Stinnett on 9/16/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR, Lex D |
Set/Reset Hearings: TELEPHONE CONFERENCE set for 9/17/2020 at 04:00 PM in LEXINGTON before Magistrate Judge Matthew A. Stinnett. (CBD) |
Filing 559 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
***FILE SUBMITTED TO CHAMBERS of judeg Caldwell for review: #557 Sealed Document - Defendants' Omnibus Reply to Plaintiffs' Responses to the Courts Order to Show Cause (CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: REPLY (151 in 5:18-cv-00554-KKC, 555 in 5:18-md-02809-KKC-MAS) to RESPONSE (546 in 5:18-md-02809-KKC-MAS, 149 in 5:18-cv-00554-KKC. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00554-KKC(CBD) |
MEMBER CASE OPENED: Toby Bell v. Bristol-Myers Squibb Company, Inc. et al opened as a Direct Filed Case in Kentucky Eastern District as 5:20-cv-383-KKC pursuant to #174 Stipulated Order re Direct Filing. cc: COR, JPMDL (TDA) |
Filing 558 ORDER: After reviewing the docket, the Court does not find any need for the two status conferences one month apart. Accordingly, the Court hereby ORDERS that the September 15, 2020 conference is CANCELED. If either party would like for the Court to conduct a status conference prior to the quarterly teleconference scheduled for October 14, 2020 at 10:00 a.m., they may move the Court to schedule one. Signed by Judge Karen K. Caldwell on 9/10/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR, Lex D |
Filing 557 SEALED DOCUMENT - DEFENDANTS' OMNIBUS REPLY TO PLAINTIFFS' RESPONSES TO THE COURT'S ORDER TO SHOW CAUSE Sealed pursuant to PROTECTIVE ORDER re (171 in 5:18-md-02809-KKC-MAS, 171 in 5:18-md-02809-KKC-MAS) Protective Order,,, Terminate Motions,, by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., Bristol-Myers Squibb Company, Inc., McKesson Corporation (Attachments: #1 Ullman Declaration, #2 Exhibit A - Mitchell, Jean-PPF redacted, #3 Exhibit B - Mitchell, Jean-First Amended PPF redacted, #4 Exhibit C - Mitchell, Jean-Wayne Memorial Hosp-Med Recs Redacted, #5 Exhibit D - Carter, Jennifer-PPF redacted, #6 Exhibit E - Carter, Jennifer-First Amended PPF redacted, #7 Exhibit F - Carter, Jennifer-Gottlieb Memorial redacted, #8 Exhibit D - Dunn, Helen-Johnston Willis Hosp MR redacted)Associated Cases: 5:18-md-02809-KKC-MAS et al. (Browning, Carol) Modified text on 9/15/2020 (CBD). |
Filing 556 NOTICE OF FILING by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., Bristol-Myers Squibb Company, Inc., McKesson Corporation re Notice of Filing Under Seal Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
Filing 555 REPLY to (546 in 5:18-md-02809-KKC-MAS, 149 in 5:18-cv-00554-KKC), (530 in 5:18-md-02809-KKC-MAS, 144 in 5:18-cv-00554-KKC) filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation, Bristol Myers Squibb Company, McKesson Corp. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00554-KKC(Browning, Carol) |
Filing 554 REPLY to (101 in 5:19-cv-00142-KKC, 530 in 5:18-md-02809-KKC-MAS), (105 in 5:19-cv-00142-KKC) filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., Bristol-Myers Squibb Company, Inc.. Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00142-KKC(Browning, Carol) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: DEFENDANTS' REPLY TO PLAINTIFF ROY HUDSONS RESPONSE TO THE COURTS ORDER TO SHOW CAUSE (108 in 5:19-cv-00142-KKC, 554 in 5:18-md-02809-KKC-MAS), Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00142-KKC(CBD) |
Filing 552 RESPONSE TO ORDER TO SHOW CAUSE by Mable Herrera filed by Mable Herrera. (Attachments: #1 Exhibit Exhibit 1-delivery receipts, #2 Exhibit Exhibit 2-refused delivery)Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00436-KKC(Friend, David) |
Filing 551 RESPONSE TO ORDER TO SHOW CAUSE by Jose Serpa filed by Jose Serpa. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00576-KKC(Friend, David) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: (549 in 5:18-md-02809-KKC-MAS, 174 in 5:18-cv-00089-KKC) Response to Order to Show Cause. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00089-KKC(CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: (143 in 5:18-cv-00576-KKC, 551 in 5:18-md-02809-KKC-MAS) Response to Order to Show Cause. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00576-KKC(CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: (552 in 5:18-md-02809-KKC-MAS, 68 in 5:19-cv-00436-KKC) Response to Order to Show Cause. Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00436-KKC(CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #548 Response to Order to Show Cause (CBD) |
NOTICE OF DOCKET MODIFICATION TO Lauren Welling re #550 Response to Order to Show Cause. *** Error: Attorney filed the document in the master member case file only. Pursuant to the Court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) 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 re- filed the document in the master and related member case files. 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 (CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: (170 in 5:18-cv-00257-KKC, 167 in 5:18-cv-00370-KKC, 553 in 5:18-md-02809-KKC-MAS, 193 in 5:18-cv-00112-KKC) Response to Order to Show Cause. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00112-KKC, 5:18-cv-00257-KKC, 5:18-cv-00370-KKC(CBD) |
Filing 553 RESPONSE TO ORDER TO SHOW CAUSE (164 in 5:18-cv-00257-KKC, 161 in 5:18-cv-00370-KKC, 530 in 5:18-md-02809-KKC-MAS, 187 in 5:18-cv-00112-KKC) by Lawana Garrette, Violet Martin, Angela Hardy filed by Lawana Garrette, Violet Martin, Angela Hardy. Filed per QC re Incorrectly file R. 550 in 5:18-md-2809 Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00112-KKC, 5:18-cv-00257-KKC, 5:18-cv-00370-KKC(CBD) |
Filing 550 INCORRECTLY FILED - RESPONSE TO ORDER TO SHOW CAUSE by Lawana Garrette, Angela Hardy, Violet Martin #530 filed by Lawana Garrette, Angela Hardy, Violet Martin. (Welling, Lauren) Modified on 8/20/2020 (CBD). (See DE #553 for CORRECTED entry)Modified on 8/20/2020 (CBD). |
Filing 549 RESPONSE TO ORDER TO SHOW CAUSE by Linda Day (167 in 5:18-cv-00089-KKC) filed by Linda Day. (Attachments: #1 Exhibit August 19, 2020 email correspondence)Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00089-KKC(Sacks, Shayna) |
Filing 548 RESPONSE TO ORDER TO SHOW CAUSE by Shirley Nail, Christopher Hocker, Susan Berry, Richard Garry, Billy Alexander, Linda Lucas, Jennifer Carter, Binwattie Sukhoo, Ulrich Smith, Billy Alexander, Diane Bakalyar, Minnie Banks(5:18-cv-304 - Individually), Minnie Banks(5:18-cv-304 - on behalf of all wrongful death beneficiaries and as personal representative of the estate of the ), Susan Berry, Eddie Billington, Jennifer Carter, Mary Delaney, Helen Dunn, Roberta Dunn, Christopher Hocker, Kevin LeBlanc, Linda Lucas, Jean Mitchell, Michael Moody, Shirley Nail, Ceasar Ortega, Richard Rimkus, Ulrich Smith, Binwattie Sukhoo, Debra Underwood, Guadalupe Ybarra, Debra Underwood, Diane Bakalyar, Olivier Herbert, Ceasar Ortega, Richard Rimkus, Mary Delaney, Roberta Dunn, Michael Moody, Jean Mitchell, Guadalupe Ybarra, Minnie Banks(on behalf of all wrongful death beneficiaries and as personal representative of the estate of the), Minnie Banks(Individually), Kevin LeBlanc, Bonnie Hopkins, Helen Dunn, Eddie Billington (162 in 5:18-cv-00355-KKC, 164 in 5:18-cv-00320-KKC, 162 in 5:18-cv-00343-KKC, 162 in 5:18-cv-00281-KKC, 172 in 5:18-cv-00341-KKC, 172 in 5:18-cv-00342-KKC, 165 in 5:18-cv-00350-KKC, 165 in 5:18-cv-00349-KKC, 167 in 5:18-cv-00333-KKC, 530 in 5:18-md-02809-KKC-MAS, 163 in 5:18-cv-00303-KKC, 161 in 5:18-cv-00315-KKC, 156 in 5:18-cv-00298-KKC, 162 in 5:18-cv-00312-KKC, 168 in 5:18-cv-00332-KKC, 163 in 5:18-cv-00344-KKC, 163 in 5:18-cv-00330-KKC, 104 in 5:19-cv-00149-KKC, 169 in 5:18-cv-00348-KKC, 170 in 5:18-cv-00307-KKC, 167 in 5:18-cv-00304-KKC, 161 in 5:18-cv-00323-KKC, 165 in 5:18-cv-00357-KKC, 163 in 5:18-cv-00318-KKC) filed by Shirley Nail, Christopher Hocker, Susan Berry, Richard Garry, Billy Alexander, Linda Lucas, Jennifer Carter, Binwattie Sukhoo, Ulrich Smith, Billy Alexander, Diane Bakalyar, Minnie Banks(5:18-cv-304 - Individually), Minnie Banks(5:18-cv-304 - on behalf of all wrongful death beneficiaries and as personal representative of the estate of the ), Susan Berry, Eddie Billington, Jennifer Carter, Mary Delaney, Helen Dunn, Roberta Dunn, Christopher Hocker, Kevin LeBlanc, Linda Lucas, Jean Mitchell, Michael Moody, Shirley Nail, Ceasar Ortega, Richard Rimkus, Ulrich Smith, Binwattie Sukhoo, Debra Underwood, Guadalupe Ybarra, Debra Underwood, Diane Bakalyar, Olivier Herbert, Ceasar Ortega, Richard Rimkus, Mary Delaney, Roberta Dunn, Michael Moody, Jean Mitchell, Guadalupe Ybarra, Minnie Banks(on behalf of all wrongful death beneficiaries and as personal representative of the estate of the), Minnie Banks(Individually), Kevin LeBlanc, Bonnie Hopkins, Helen Dunn, Eddie Billington. (Attachments: #1 Exhibit A - Alexander Certified Mail Receipt, #2 Exhibit B - Bakalyar Certifed Mail Receipt, #3 Exhibit C - Email dated 7-21-20, #4 D - Billington Letter dated 7-30-20, #5 E - Delaney Letter dated 8-11-20, #6 F - Dunn Letter dated 7-30-20, #7 G - Hopkins Certified Mail Receipt, #8 H - Leblanc Letter dated 7-30-20, #9 I - Lucas Letter dated 7-30-20, #10 J - Moody Letter dated 7-30-20, #11 K - Nail Letter dated 7-30-20, #12 L - Ortega Estate Documents, #13 M - Richard Letter dated 7-30-20, #14 N - Underwood Returned Mail, #15 O - Ybarra Returned Mail)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Harris, Laurel) |
Filing 547 MEMORANDUM OPINION & ORDER: 1) Plas Motion to Compel and for Sanctions (DE #479 ) is GRANTED IN PART as following: a) Redactions of date of death and treatment duration to Exhibits 11, 12, and 13 of Motion and Exhibit 3 to Reply where those dates are expressed as a number of days rather than a calendar date; b) Redactions for "nonresponsiveness" to Exhibit 14 that are part of email chain entitled "June 16, 2014 Email from Krisztina Debreczeni to Rachpal Malhotra, et al."; c) Exhibits 9 of Motion and Exhibits 6, 7, 8, 9, and 10 to Reply, to extent these are publicly available documents; 2) Plas Motion to Compel and for Sanctions (DE #479 ) is DENIED IN PART as following: a) Redactions of pharmocovigilance information not related to heart failure and/or increased risk of adverse cardiac events; b) Redaction of OneNote files due to "nonresponsiveness"; and c) The request for sanctions. Within 14 days either party may appeal this decision to Judge Caldwell pursuant 636(b)(1)(A) and FRCP 72(a). Signed by Magistrate Judge Matthew A. Stinnett on 8/19/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al. (TDA) cc: COR |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: (546 in 5:18-md-02809-KKC-MAS, 149 in 5:18-cv-00554-KKC) RESPONSE to Show Cause Order. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00554-KKC(CBD) |
Filing 546 RESPONSE TO ORDER TO SHOW CAUSE FOR FAILURE TO COMPLY WITH PLAINTIFF PROFILE FORM REQUIREMENTS (144 in 5:18-cv-00554-KKC) filed by Jean Wilson. (Attachments: #1 Exhibit Letter to Counsel)Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00554-KKC(McCarty, Sean) Modified text on 9/15/2020 (CBD). |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #545 Joint Status Report (CBD) |
Filing 545 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 544 Proposed Agreed Order /Stipulation of Dismissal Without Prejudice by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00576-KKC(Browning, Carol) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re (139 in 5:18-cv-00576-KKC, 544 in 5:18-md-02809-KKC-MAS) Proposed Agreed Order /Stipulation of Dismissal Without Prejudice Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00576-KKC(CBD) |
MEMBER CASE OPENED: Eugene Neal v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:20-cv-00340-KKC pursuant to #174 Direct File Order. cc: COR, JPMDL (CBD) |
NOTICE OF DOCKET MODIFICATION TO Daniel Burke re (96 in 5:19-cv-00272-KKC) Response to Order to Show Cause. Error: Attorney filed the document in the individual member case file only. Pursuant to the Court's Practice & Procedure Order (R. 3 in 5:18-md-2809) 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 re- filed the document in the master and member case files. 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: 5:18-md-02809-KKC-MAS, 5:19-cv-00272-KKC(CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: Response to Order to Show Cause with request for extension of time (R.543 in 5:18-md-02809-KKC-MAS, R. 97 in 5:19-cv-00272-KKC. ) Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00272-KKC(CBD) |
Filing 543 RESPONSE TO ORDER TO SHOW CAUSE with request of an additional 30 days to contact the above referenced Plaintiff in order to properly submit adequate documentation re (R. 530 in 5:18-md-02809-KKC-MAS, and R. 92 in 5:19-cv-00272-KKC) filed by Shirley Wilson. Filed per QC re R. 96 in 5:19-cv-272. Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00272-KKC(CBD) Modified text on 8/5/2020 (CBD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re Proposed Agreed Orders//Stipulations of Dismissal Without Prejudice #541 and #542 (CBD) |
Filing 542 Proposed Agreed Order /Stipulation of Dismissal Without Prejudice by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00350-KKC(Browning, Carol) |
Filing 541 Proposed Agreed Order /Stipulation of Dismissal Without Prejudice by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00146-KKC(Browning, Carol) |
MEMBER CASE OPENED: Patton v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:20-cv-00330-KKC pursuant to #174 Direct File Order cc: COR, JPMDL (CBD) |
Filing 540 ORDER: The parties have filed various stipulations of dismissal into the record. In order that such stipulations be presented to the Court efficiently, the Court hereby ORDERS that, when electronically filing such stipulations, the parties SHALL SELECT the motion relief Proposed Agreed Order/Stipulation in CM-ECF. Signed by Judge Karen K. Caldwell on 7/23/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 539 NOTICE by Carolyn Williams PLAINTIFFS NOTICE OF SERVICE OF GENERAL CAUSATION EXPERT REPORTS Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) |
Filing 538 ORDER: the telephonic status conference currently scheduled for July 22, 2020, the Court hereby ORDERS that the status conference is CANCELED. The Court further hereby ORDERS that a TELEPHONIC STATUS CONFERENCE is SCHEDULED for September 15, 2020 at 1:00 p.m. local time. Counsel shall access the call by (directives contained in this order.) Signed by Judge Karen K. Caldwell on 7/21/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR, Lex D |
Set/Reset Hearings:( STATUS CONFERENCE set for 9/15/2020 at 01:00 PM in LEXINGTON before Judge Karen K. Caldwell.) (CBD) |
Filing 537 DISMISSAL WITHOUT PREJUDICE: Court hereby ORDERS this matter is DISMISSED without prejudice and STRICKEN from Court's active docket. Signed by Judge Karen K. Caldwell on 7/20/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00088-KKC (TDA)cc: COR,JPML,SKV Modified cc: on 7/21/2020 (TDA). |
Filing 536 DISMISSAL WITHOUT PREJUDICE: Court hereby ORDERS this matter is DISMISSED without prejudice and STRICKEN from Court's active docket. Signed by Judge Karen K. Caldwell on 7/20/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00086-KKC (TDA) cc: CORJPML,SKV Modified cc: on 7/21/2020 (TDA). |
Filing 535 DISMISSAL WITHOUT PREJUDICE: Court hereby ORDERS this matter is DISMISSED without prejudice and STRICKEN from Court's active docket. Signed by Judge Karen K. Caldwell on 7/20/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00570-KKC (TDA) cc: COR,JPML,SKV Modified cc: on 7/21/2020 (TDA). |
Filing 534 DISMISSAL WITHOUT PREJUDICE: Court hereby ORDERS this matter is DISMISSED without prejudice and STRICKEN from Court's active docket. Signed by Judge Karen K. Caldwell on 7/20/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00092-KKC (TDA) cc: COR,JPML,SKV Modified cc: on 7/21/2020 (TDA). |
Filing 533 DISMISSAL WITHOUT PREJUDICE: Court hereby ORDERS this matter is DISMISSED without prejudice and STRICKEN from Court's active docket. Signed by Judge Karen K. Caldwell on 7/20/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00204-KKC (TDA) cc: COR,JPML,SKV Modified cc: on 7/21/2020 (TDA). |
Filing 532 DISMISSAL WITHOUT PREJUDICE: Court hereby ORDERS this matter is DISMISSED without prejudice and STRICKEN from Court's active docket. Signed by Judge Karen K. Caldwell on 7/20/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00569-KKC (TDA) cc: COR,JPML,SKV Modified cc: on 7/21/2020 (TDA). |
Filing 531 ORDER: Pursuant to Case Management Order (CMO) No. 2, dfts moved Court to issue an order (5:18-md-2809, DE #471 ) requiring plas to show cause why their cases should not be dismissed. Court hereby ORDERS that the motion is DENIED as moot as to all above-named plas because either 1) dfts have withdrawn the motion as to pla or 2) plas cases have been dismissed pursuant to parties' stipulation. Further, Court does not find it appropriate to award costs against any of the above-named plas. Signed by Judge Karen K. Caldwell on 7/20/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al. (TDA) cc: COR |
Filing 530 ORDER TO SHOW CAUSE FOR FAILURE TO COMPLY WITH PLAINTIFF PROFILE FORM REQUIREMENTS: w/in 30 days, each of above-named plas SHALL FILE a response to this order showing cause why his or her case should not be dismissed with prejudice. If pla files such a response, dfts may file a reply w/in 14 days response filed. If a pla fails to show cause, Court will dismiss case with prejudice. Signed by Judge Karen K. Caldwell on 7/20/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al. (TDA) cc: COR |
Filing 529 CASE MANAGEMENT ORDER NO. 9: In their Joint Motion (DE 514 in 5:18-md-2809, et al) to Amend Case Management Order No. 8, the parties request extensions of the deadlines for expert discovery pertaining to general causation established by Case Management Order No. 8 (DE 474 in 5:18-md-2809, et al). The Court hereby ORDERS that the expert discovery deadlines are REVISED as follows: 1) Plaintiffs must serve expert reports relating to the issue of general causation by July 21, 2020; 2) Defendants must serve expert reports relating to the issue of general causation by August 14, 2020; 3) Plaintiffs must serve rebuttal expert reports by August 31, 2020; 4) Depositions of expert witnesses on the issue of general causation must be completed by October 2, 2020; 5) Any Daubert motions challenging expert witness testimony on the issue of general causation must be filed by October 23, 2020. Any responses to such motions must be filed by November 20, 2020. Any replies must be filed by December 8, 2020. 6) Hearings on any Daubert motions will take place the week of January 19, 2021. Signed by Judge Karen K. Caldwell on 7/17/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 528 DISMISSAL WITHOUT PREJUDICE In accordance with the stipulation filed by the parties [(492) in case 5:18-md-02809-KKC-MAS; (145) in case 5:18-cv-00352-KKC], the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 7/17/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00352-KKC(CBD)cc: COR, JPML, SKV |
Filing 527 DISMISSAL WITHOUT PREJUDICE In accordance with the stipulation filed by the parties [ (491) Proposed Agreed Order in case 5:18-md-02809-KKC-MAS; (185) in case 5:18-cv-00115-KKC], the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 7/17/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00115-KKC(CBD)cc: COR, JOML, SKV |
Filing 526 DISMISSAL WITHOUT PREJUDICE In accordance with the stipulation filed by the parties [(493) in case 5:18-md-02809-KKC-MAS; granting (145) in case 5:18-cv-00322-KKC], the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 7/17/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00322-KKC(CBD)cc: COR, JPML, SKV |
Filing 525 DISMISSAL WITHOUT PREJUDICE In accordance with the stipulation filed by the parties [(494) in case 5:18-md-02809-KKC-MAS; granting (152) in case 5:18-cv-00295-KKC], the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 7/17/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00295-KKC(CBD)cc: COR, JPML, SKV |
Filing 524 DISMISSAL WITHOUT PREJUDICE In accordance with the stipulation filed by the parties [(495) in case 5:18-md-02809-KKC-MAS; granting (147) in case 5:18-cv-00263-KKC], the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 7/17/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00263-KKC(CBD)cc: COR, JPML, SKV |
Filing 523 DISMISSAL WITHOUT PREJUDICE: In accordance with the stipulation filed by the parties [(496) in case 5:18-md-02809-KKC-MAS; granting (147) in case 5:18-cv-00329-KKC], the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 7/17/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00329-KKC(CBD)cc: COR, JPML, SKV |
Filing 522 DISMISSAL WITHOUT PREJUDICE: In accordance with the stipulation filed by the parties (497) in case 5:18-md-02809-KKC-MAS; (155) in case 5:18-cv-00106-KKC), the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 7/17/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00106-KKC(CBD)cc: COR, JPML, SKV |
Filing 521 DISMISSAL WITHOUT PREJUDICE: In accordance with the stipulation filed by the parties [(509) in case 5:18-md-02809-KKC-MAS; (157) in case 5:18-cv-00305-KKC], the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 7/17/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00305-KKC(CBD)cc: COR, JOML, SKV. |
Filing 520 DISMISSAL WITHOUT PREJUDICE: In accordance with the stipulation filed by the parties (R. (510) in case 5:18-md-02809-KKC-MAS; R. (153) in case 5:18-cv-00311-KKC), the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 7/17/2020. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00311-KKC(CBD)cc: COR, JPML, SKV |
Set/Reset Deadlines: Daubert Motions due by 10/23/2020. (CBD) |
Set/Reset Hearings: DAUBERT HEARING set for 1/20/2021 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell. DAUBERT HEARING set for 1/21/2021 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell. DAUBERT HEARING set for 1/22/2021 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell. (CBD) |
Terminating 7/16/2020 (98) Motion for leave to Seal Document in case 5:19-cv-00078-KKC. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #517 Joint Status Report (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Stinnett for review: re #479 MOTION to Compel by Plaintiffs (CBD) |
Filing 519 SUR REPLY re #479 MOTION to Compel by Carolyn Williams MOTION for Sanctions by Carolyn Williams . Fild per Order (R. #518 in 5:18-md-2809) (CBD) |
Filing 518 ORDER: 1) Plaintiffs' Motion for Leave to Seal a Document at (DE 511 in 5:18-md-2809, et al) is GRANTED; 2) Defendants Motion for Leave to Seal a Document at (DE 516 in 5:18-md- 2809, et al)is GRANTED; and 3) Defendants Motion for Leave to File a Sur-reply [DE 515 in 5:18-md-2809, et al)] is GRANTED to the extent it addresses Exhibit 6 to Plaintiffs Reply Brief [DE 512 in 5:18-md- 2809, et al)].1 4) The Court grants the motions to seal without making any determination as to the underlying discovery dispute. 5) No further briefing or sur-replies related to DE 479 will be permitted. Signed by Magistrate Judge Matthew A. Stinnett on 7/15/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR Modified on 7/16/2020 (CBD). |
Filing 517 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 516 MOTION for leave to Maintain Exhibits Under Seal Exhibits 3-10 re (513 in 5:18-md-02809-KKC-MAS) Sealed Document, by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 7/22/2020 (TDA). |
***MOTION SUBMITTED TO CHAMBERS of Judge Stinnett for review: re #515 MOTION for Leave to File Surreply to Plaintiffs' Motion to Compel (CBD) |
Filing 515 MOTION for Leave by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company to File Surreply to Plaintiffs' Motion to Compel Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order, #2 Exhibit A - Proposed Surreply)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
***MOTION SUBMITTED TO CHAMBERS of Judge Stinnett for review: re #514 JOINT MOTION to Amend/Correct Case Management Order No. 8 (474 in 5:18-md-02809-KKC-MAS) extending Discovery Deadlines (CBD) |
MEMBER CASE OPENED: Gilchrist v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:20-cv-281 pursuant to Direct File Order #174 cc: COR, JPMDL (CBD) |
Filing 514 JOINT MOTION to Amend/Correct Case Management Order NO. 8 (474 in 5:18-md-02809-KKC-MAS) extending Discovery Deadlines by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 7/1/2020 (CBD). |
Filing 513 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #171 Protective Order,,, Terminate Motions,, by Carolyn Williams (Attachments: #1 Exhibit 3 - ONG007660816, #2 Exhibit 4 - ONG009147226, #3 Exhibit 5 - ONG008427634, #4 Exhibit 6 - ONG008895461, #5 Exhibit 7 - ONG009303226, #6 Exhibit 8 - ONG008614518, #7 Exhibit 9 - ONG008468864, #8 Exhibit 10 - ONG008914040) (Clark, Timothy) |
Filing 512 REPLY BRIEF to #479 REDACTED filed by Carolyn Williams. (Attachments: #1 Exhibit 1 - Email from T. Clark, #2 Exhibit 2 - Email from T. Clark, #3 Exhibit 3 - ONG009051525, #4 Exhibit 4 - ONG009147226, #5 Exhibit 5 - ONG008427634, #6 Exhibit 6 - ONG008895461, #7 Exhibit 7 - ONG009303226, #8 Exhibit 8 - ONG008614518, #9 Exhibit 9 - ONG008468864, #10 Exhibit 10 - ONG008914040)(Clark, Timothy) |
Filing 511 MOTION for leave to Seal a Document by Carolyn Williams (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) |
Filing 510 STIPULATION of Dismissal Without Prejudice by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00311-KKC(Browning, Carol) Modified event on 6/23/2020 (CBD). |
Filing 509 STIPULATION of Dismissal Without Prejudice by AstraZeneca Pharmaceuticals LP, Bristol Myers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00305-KKC(Browning, Carol) Modified event on 6/23/2020 (CBD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: Proposed Agreed Order (510 in 5:18-md-02809-KKC-MAS, 153 in 5:18-cv-00311-KKC), (509 in 5:18-md-02809-KKC-MAS, 157 in 5:18-cv-00305-KKC). Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00305-KKC, 5:18-cv-00311-KKC(CBD) |
Filing 508 REPLY BRIEF to (471 in 5:18-md-02809-KKC-MAS) Defendants' Motion for Issuance of Order to Shaw Cause for Failure to Comply with Plaintiff Profile Form Requirements filed by Bristol-Myers Squibb Company, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
Filing 507 ORDER: Defendants' Motion to Seal (filed as #504 in 5:18-md-2809, et al) is GRANTED. Court grants this motion to seal without making any determination as to the underlying discovery dispute. Signed by Magistrate Judge Matthew A. Stinnett on 6/19/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al. (TDA) cc: COR |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #506 Joint Status Report (CBD) |
Filing 506 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
***MOTION SUBMITTED TO CHAMBERS of Judge Stinnett for review: re #504 MOTION for leave to Seal Exhibits I and J to Response (filed as 503 in 5:18-md-2809, et al) pursuant to Protective Order (171 in 5:18-md-02809-KKC-MAS). (CBD) |
Filing 505 SEALED DOCUMENTS (Exhibit I and J re Response (filed as 503 in 5:18-md-2809). Sealed pursuant to MOTION TO SEAL re #504 MOTION for leave to Seal a Document and Protective Order (171 in 5:18-md-02809-KKC-MAS) by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc. (Attachments: #1 Exhibit J to the Ullman Declaration) (Ullman, Emily) Modified on 6/15/2020 (CBD). |
Filing 504 MOTION for leave to Seal Exhibits I and J to Response (filed as 503 in 5:18-md-2809, et al) pursuant to Protective Order (171 in 5:18-md-02809-KKC-MAS) by AstraZeneca Pharmaceuticals LP, Bristol- Myers Squibb Company (Attachments: #1 Proposed Order) Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 6/15/2020 (CBD). |
Filing 503 RESPONSE in Opposition re (479 in 5:18-md-02809-KKC-MAS, 479 in 5:18-md-02809-KKC-MAS) MOTION to Compel by Carolyn Williams MOTION for Sanctions by Carolyn Williams filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. (Attachments: #1 Affidavit of Emily Ullman in Support of Motion, #2 Exhibit A - April 20 Production Letter, #3 Exhibit B - May 29 Production Letter, #4 Exhibit C - April 29 Email from T. Clark, #5 Exhibit D - May 28 Production Letter, #6 Exhibit E - June 5-8 Correspondence, #7 Exhibit F - June 11 Email from E. Ullman, #8 Exhibit G - March 9 Production Letter, #9 Exhibit H - March 19 Letter from J. Moore, #10 Exhibit I under Seal - Excerpt from SAVOR Clinical Study Report (Filed Under Seal), #11 Exhibit J under Seal - Excerpt from Clinical Report Form (Filed Under Seal), #12 Exhibit K - March 26 Letter from T. Clark, #13 Exhibit L - May 29 Email from E. Ullman)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily). Modified on 6/15/2020 (CBD). |
NOTICE OF DOCKET MODIFICATION TO Jennifer Moore re #502 Response in Opposition to Motion. Error: attachments were insufficiently described as "Appendix," "Exhibit 1." 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 by counsel. cc: COR (CBD) |
Filing 502 RESPONSE IN OPPOSITION to Motion re ( 471 in 5:18-md-02809-KKC-MAS, et al) MOTION for Order to Show Cause for Failure to Comply with Plaintiff Profile Form Requirements filed by Billy Alexander, John H. Anderson, Jr, Allen Atkins, Sr., Shelia Austin, Diane Bakalyar, Minnie Banks(5:18-cv-304 - Individually), Susan Berry, Eddie Billington, Susan Birk, Robert Bivins, Margie Black, Shawntay Brown, Jennifer Carter, Michael Caston, Georgia Clanton, Gilbert Corbello, Clarence Couisan, Robert Curtis, Deanna Daily, Linda Day, Mary Delaney, Belinda Didericksen, Helen Dunn, Roberta Dunn, Donnie Vernon Farrell, Walter Garcia, Lawana Garrette, Richard Garry, Ray Gomez, Juan Gonzalez, H.B. Green, Angela Hardy, Olivier Herbert, Mable Herrera, Christopher Hocker, Bonnie Hopkins, John Howard, Jr, Cynthia Humphrey, Donald Jackson, Wanda Johnson, Kevin LeBlanc, Elmer Leary, Linda Lucas, Terry Martin, Violet Martin, Roy McGhee, Jean Mitchell, Michael Moody, Georgia Moton, Elke Mounteer(5:18-cv-570 - Individually), Shirley Nail, Ceasar Ortega, Hank Ray, Richard Rimkus, April Sechler, Michael Sechler, Jose Serpa, Calvin Sheppard, Janiet Sheppard, Ulrich Smith, Binwattie Sukhoo, Larry Tincher, Debra Underwood, Deborah Vasquez, Linda Ware, Robert Williams, Rose Williams, William E. Williams, Jean Wilson, Shirley Wilson, Guadalupe Ybarra, Jacqueline Young. (Attachments: #1 Appendix A - Breakdown of Forty-Eight (48) Plaintiffs Identified by Defendants in their Motion, #2 Exhibit 1 - Emails dated May 22, 21 and 19, 2020)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) Modified on 6/10/2020 (CBD). Modified on 6/10/2020 (CBD). |
Filing 501 ORDER: Motion (filed as R. 500 in 5:18-cv-2809, et al) for Extension of Time is GRANTED; And it is furthermore ORDERED that Opposition to Motion (R. 479 in 5:18-cv-2809, et al) to Compel and for Sanctions shall be due on June 12, 2020; and Reply in support of that Motion shall be due on June 26, 2020. Signed by Magistrate Judge Matthew A. Stinnett on 6/8/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 500 CONSENT MOTION for Extension of Time to File Response/Reply as to (479 in 5:18-md-02809-KKC-MAS, 479 in 5:18-md-02809-KKC-MAS) MOTION to Compel by Carolyn Williams MOTION for Sanctions by Carolyn Williams by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
MEMBER CASE OPENED: Williams v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:20-cv-00247-KKC pursuant to #174 Direct File Order cc: COR, JPMDL (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #471 MOTION for Order to Show Cause for Failure to Comply with Plaintiff Profile Form Requirements (CBD) |
Filing 499 MEMORANDUM in Support of Motion re (471 in 5:18-md-02809-KKC-MAS) MOTION for Order to Show Cause by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation for Failure to Comply with Plaintiff Profile Form Requirements filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., Bristol Myers Squibb Company, Bristol-Myers Squibb Company, Inc., McKesson Corporation, McKesson Corp, AstraZeneca Pharmaceuticals LP. (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
Filing 498 NOTICE of Appearance by Ashley Lauren Florence Barriere on behalf of Patricia Word (Barriere, Ashley) |
Clerk's Note: Motion Submit entered 6/1/2020 has been deleted as entered in error.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00106-KKC, 5:18-cv-00263-KKC, 5:18-cv-00329-KKC(CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re Stipulations of Dismissal (147 in 5:18-cv-00263-KKC, 495 in 5:18-md-02809-KKC-MAS), (497 in 5:18-md-02809-KKC-MAS), (496 in 5:18-md-02809-KKC-MAS, 147 in 5:18-cv-00329-KKC. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00263-KKC, 5:18-cv-00329-KKC(CBD) |
MEMBER CASE OPENED: Johnston, et al. v. Bristol-Myers Squibb Company, Inc. et al opened as a Direct Filed Case in Kentucky Eastern District as 5:20-cv-236-KKC pursuant to #174 Stipulated Order re Direct Filing. cc: COR, JPMDL (TDA) |
Filing 497 PROPOSED STIPULATION of Dismissal Without Prejudice by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., Bristol-Myers Squibb Company, Inc.. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00106-KKC(Browning, Carol) Modified text on 6/1/2020 (CBD). |
Filing 496 PROPOSED STIPULATION of Dismissal Without Prejudice by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00329-KKC(Browning, Carol) Modified text on 6/1/2020 (CBD). |
Filing 495 PROPOSED STIPULATION of Dismissal Without Prejudice by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00263-KKC(Browning, Carol) Modified text on 6/1/2020 (CBD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re Proposed Stipulation of Dismissal (493 in 5:18-md-02809-KKC-MAS, 145 in 5:18-cv-00322-KKC), (494 in 5:18-md-02809-KKC-MAS, 152 in 5:18-cv-00295-KKC) Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00295-KKC, 5:18-cv-00322-KKC(CBD) |
Filing 494 PROPOSED STIPULATION of Dismissal Without Prejudice by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00295-KKC(Browning, Carol) Modified text on 5/29/2020 (CBD). |
Filing 493 PROPOSED STIPULATION of Dismissal Without Prejudice by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00322-KKC(Browning, Carol) Modified text on 5/29/2020 (CBD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re Proposed Stipulation of Dismissal (145 in 5:18-cv-00352-KKC, 492 in 5:18-md-02809-KKC-MAS) Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00352-KKC(CBD) |
Filing 492 PROPOSED STIPULATION of Dismissal Without Prejudice by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00352-KKC(Browning, Carol) Modified text on 5/28/2020 (CBD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re Proposed Agreed Order/Stipulation (185 in 5:18-cv-00115-KKC, 491 in 5:18-md-02809-KKC-MAS). Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00115-KKC (CBD) |
Filing 491 Proposed Agreed Order of Dismissal by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Walter Garcia, McKesson Corporation. (Filed per QC re R. 184 in 5:18-cv-115)Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00115-KKC(CBD) |
Filing 490 MEMORANDUM OPINION AND ORDER: (1) Defendants' Motion for Supplemental Protective Order #434 is DENIED; (2) Plaintiff's Motion for Sanctions #456 is DENIED; and The undersigned enters this Memorandum Opinion pursuant to 28 U.S.C. 636(b) (1)(A). Within fourteen (14) days after being served with a copy of this Memorandum Opinion, either party may appeal this decision to Judge Caldwell pursuant 636(b)(1)(A) and FED. R. CIV. P. 72(a). Signed by Magistrate Judge Matthew A. Stinnett on 5/22/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
NOTICE OF DOCKET MODIFICATION TO Randi Kassan re (184 in 5:18-cv-00115-KKC) Proposed Order/Stipulation of Dismissal ; Error: Attorney incorrectly filed the document in the individual member case file only. Pursuant to the Court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) 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 re- filed the document in the master and member case files. 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: 5:18-md-02809-KKC-MAS, 5:18-cv-00115-KKC(CBD) |
Filing 489 STIPULATION of Dismissal by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., Bristol-Myers Squibb Company. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00092-KKC(Browning, Carol) |
Filing 488 STIPULATION of Dismissal by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Bristol-Myers Squibb Company, Inc.. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00088-KKC(Browning, Carol) |
Filing 487 STIPULATION of Dismissal by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Bristol-Myers Squibb Company, Inc.. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00569-KKC(Browning, Carol) |
Filing 486 STIPULATION of Dismissal by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Bristol-Myers Squibb Company, Inc.. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00086-KKC(Browning, Carol) |
Filing 485 STIPULATION of Dismissal by AstraZeneca Pharmaceuticals LP, Bristol Myers Squibb Company, Bristol-Myers Squibb Company, Inc.. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00570-KKC(Browning, Carol) |
Filing 484 STIPULATION of Dismissal by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00204-KKC(Browning, Carol) |
MEMBER CASE OPENED: Davis et al v. Bristol-Myers Squibb Company, Inc. et al opened as a Direct Filed Case in Kentucky Eastern District as 5:20-cv-208-KKC pursuant to DE #174 Stipulated Order re Direct Filing. cc: COR, JPMDL (TDA) |
Filing 483 SEALED DOCUMENT - Un-Redacted Copy of Motion to Compel and for Sanctions Sealed pursuant to #479 REDACTED MOTION to Compel by Carolyn Williams, et al (Attachments: #1 Memorandum in Support of Motion to Compel and for Sanctions) (Clark, Timothy) Modified text on 5/20/2020 (CBD). |
Filing 482 ORDER: Plaintiffs' Motion to Seal (filed as #481 in 5:18-md-2809, et al) is GRANTED. IT IS FURTHER ORDERED that Plaintiffs shall immediately FILE UNDER SEAL an unredacted Motion to Compel (filed as [DE 479] in 5:18-md-2809, et al.) Plaintiffs do not need to seek further leave of the Court to file their unredacted Motion to Compel under seal. Counsel in this litigation is directed to ensure that any documents or motions they wish the Court to review in full must be filed unredacted in the electronic record (under seal where appropriate) in the future. Signed by Magistrate Judge Matthew A. Stinnett on 5/19/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 481 MOTION for leave to Seal Documents re Record No.s #480 and #479 by Carolyn Williams, et al (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text on 5/19/2020 (CBD). |
NOTICE OF DEFICIENCY TO Timothy Clark re MOTION to Compel and for Sanctions (479 in 5:18-md-02809-KKC-MAS, 479 in 5:18-md-02809-KKC-MAS). Error; attorney failed to submit a Sealed copy of the redacted main pdf image (motion). Entry by attorney. Within 7 calendar days, prepare a document entitled "Notice of Filing". Using the event "SEALED DOCUMENT," file the Notice and attach the un-redacted motion motion image, and create a link to the #479 redacted Motion. cc: COR Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Stinnett for review: re #481 MOTION for leave to Seal Documents re Record No.s #480 and #479 by Carolyn Williams, et al (CBD) |
MEMBER CASE OPENED: Biscardi et al v. Bristol-Myers Squibb Company, Inc. et al opened as a Direct Filed Case in Kentucky Eastern District as 5:20-cv-207-KKC pursuant to DE #174 Stipulated Order re Direct Filing. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Nancy Poole v. Bristol-Myers Squibb Company, Inc. et al opened as a Direct Filed Case in Kentucky Eastern District as 5:20-cv-206-KKC pursuant to DE #174 Stipulated Order re Direct Filing. cc: COR, JPMDL (TDA) |
Filing 480 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #171 Protective Order,,, Terminate Motions,, by Carolyn Williams (Attachments: #1 Exhibit 3 - ONG007660816, #2 Exhibit 4 - Chart of Redaction Compared to Unredacted Text, #3 Exhibit 5-A - Redacted Saxagliptin EU Risk Management Plan, #4 Exhibit 5-B - Redacted Saxagliptin EU Risk Management Plan, #5 Exhibit 5-C - Redacted Saxagliptin EU Risk Management Plan, #6 Exhibit 5-D - Redacted Saxagliptin EU Risk Management Plan, #7 Exhibit 5-E - Redacted Saxagliptin EU Risk Management Plan, #8 Exhibit 5-F - Redacted Saxagliptin EU Risk Management Plan, #9 Exhibit 6-A - Unredacted Saxagliptin EU Risk Management, #10 Exhibit 6-B - Unredacted Saxagliptin EU Risk Management, #11 Exhibit 6-C - Unredacted Saxagliptin EU Risk Management, #12 Exhibit 6-D - Unredacted Saxagliptin EU Risk Management, #13 Exhibit 6-E - Unredacted Saxagliptin EU Risk Management, #14 Exhibit 6-F - Unredacted Saxagliptin EU Risk Management, #15 Exhibit 7 - ONG007737274, #16 Exhibit 8 - ONG008940508, #17 Exhibit 9 - ONG009190991, #18 Exhibit 10 - ONG007378272, #19 Exhibit 11 - ONG007417887, #20 Exhibit 12 - ONG008182910-R, #21 Exhibit 13 - ONG008471627, #22 Exhibit 14 - ONG009082955, #23 Exhibit 17 - ONG008734881, #24 Exhibit 18 - ONG008734924) (Clark, Timothy) |
Filing 479 REDACTED MOTION to Compel by Carolyn Williams , MOTION for Sanctions by Carolyn Williams Motions referred to Matthew A. Stinnett. (Attachments: #1 Exhibit 1 - Letter dated 03.09.2020, #2 Exhibit 2 - Letter to J. Moore, #3 Exhibit 3 - ONG007660816 - Filed Conditionally Under Seal, #4 Exhibit 4 - Chart of Redaction Compared to Unredactions, #5 Exhibit 5-A - Redacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #6 Exhibit 5-B - Redacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #7 Exhibit 5-C - Redacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #8 Exhibit 5-D - Redacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #9 Exhibit 5-E - Redacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #10 Exhibit 5-F - Redacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #11 Exhibit 6-A - Unredacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #12 Exhibit 6-B - Unredacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #13 Exhibit 6-C - Unredacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #14 Exhibit 6-D - Unredacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #15 Exhibit 6-E - Unredacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #16 Exhibit 6-F - Unredacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #17 Exhibit 7 - ONG007737274 - Filed Conditionally Under Seal, #18 Exhibit 8 - ONG008940508 - Filed Conditionally Under Seal, #19 Exhibit 9 - ONG009190991 - Filed Conditionally Under Seal, #20 Exhibit 10 - ONG007378272 - Filed Conditionally Under Seal, #21 Exhibit 11 - ONG007417887-R - Filed Conditionally Under Seal, #22 Exhibit 12 - ONG008182910-R - Filed Conditionally Under Seal, #23 Exhibit 13 - ONG008471627 - Filed Conditionally Under Seal, #24 Exhibit 14 - ONG009082955 - Filed Conditionally Under Seal, #25 Exhibit 15 - Email Correspondence, #26 Exhibit 16 - Email Correspondence, #27 Exhibit 17 - ONG008734881 - Filed Conditionally Under Seal, #28 Exhibit 18 - ONG008734924 - Filed Conditionally Under Seal, #29 Proposed Order re Motion to Compel, #30 Proposed Order re Motion for Sanctions)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text on 5/19/2020 (CBD). (Additional attachment(s) added on 5/20/2020: #31 Un-redacted Copy of Motion to Compel and for Sanctions) (CBD). |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #478 Joint Status Report (CBD) |
Filing 478 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 477 TRANSCRIPT of Proceedings: TELEPHONIC STATUS CONFERENCE held on 4/22/2020 before Judge Matthew A. Stinnett. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Carol Browning, Esq. and Jennifer Moore, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 6/8/2020. Redacted Transcript Deadline set for 6/18/2020. Release of Transcript Restriction set for 8/14/2020. |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #456 MOTION for Sanctions by Plaintiff's. (TDA) |
Filing 476 REPLY to Response to Motion re (456 in 5:18-md-02809-KKC-MAS) MOTION for Sanctions filed by Plaintiff's Carolyn Williams, et al. Associated Cases: 5:18-md-02809-KKC-MAS et al. FILED pursuant to QC re #475 . (TDA) |
Filing 475 REPLY BRIEF to #456 In Support of Plaintiffs' Motion for Sanctions filed by Carolyn Williams. (Clark, Timothy) Modified on 5/13/2020 (TDA). SEE DOCKET ENTRY #476 FOR CORRECT ENTRY |
Set/Reset Deadlines #474 : Daubert Motions due by 10/7/2020. (CBD) |
Filing 474 CASE MANAGEMENT ORDER NO. 8: In their Joint Motion to Amend Case Management Order No. 7, the parties request extensions of the deadlines for expert discovery pertaining to general causation established by Case Management Order No. 7 (DE #437 in 5:18-md-2809). The Court hereby ORDERS that theexpert discovery deadlines are REVISED as follows: 1) Plaintiffs must serve expert reports relating to the issue of general causation by June 30, 2020; 2) Defendants must serve expert reports relating to the issue of general causation by July 24, 2020; 3) Plaintiffs must serve rebuttal expert reports by August 10, 2020; 4) Depositions of expert witnesses on the issue of general causation must be completed by September 11, 2020; 5) Any Daubert motions challenging expert witness testimony on the issue of general causation must be filed by October 2, 2020. Any responses to such motions must be filed by October 30, 2020. Any replies must be filed by November 13, 2020. 6) Hearings on any Daubert motions will be scheduled thereafter by Judge Caldwell. Signed by Magistrate Judge Matthew A. Stinnett on 5/7/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
NOTICE OF DOCKET MODIFICATION TO Carol Browning: Error 1 re #472 MOTION for leave to Seal a Document; the Notice of Filing #472 was incorrectly filed using the event "motion for leave to seal a document. Entry by attorney; Clerk termed the motion and modified the docket text of #472 to reflect caption of pleading; No further action required by counsel. Error 2 re #473 Sealed Document; a link was created to the Notice of Filing instead of the Protective Order; Entry by attorney; Clerk modified the entry to create a link to the Protective Order #171 . In the future, create a link to the document that authorizes filing of a Sealed Document. No further action required by counsel. cc: COR (CBD) |
Filing 473 SEALED DOCUMENT - Exhibit A re #471 Sealed pursuant to MOTION TO SEAL re ( #171 in 5:18-md-02809-KKC-MAS) STIPULATED PROTECTIVE ORDER by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al. (Browning, Carol) Modified text on 5/7/2020 (CBD). |
Filing 472 NOTICE OF FILING UNDER SEAL per Protective Order #171 by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) Modified text on 5/7/2020 (CBD). |
Filing 471 MOTION for Order to Show Cause by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation for Failure to Comply with Plaintiff Profile Form Requirements (Attachments: #1 Exhibit A - Slipsheet for exhibit to be filed under seal, #2 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
Filing 470 ORDER: Defendants' Motion (filed as #468 in 5:18-md-02809-KKC-MAS) for Leave to Maintain Documents Under Seal is GRANTED. Signed by Magistrate Judge Matthew A. Stinnett on 5/4/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
***FILE SUBMITTED TO CHAMBERS of Judge Stinnett for review: #466 DEFENDANTS' SUPPLEMENTAL MEMORANDUM REGARDING INTERNATIONAL LAW MEMORANDUM in Support of Motion re (434 in 5:18-md-02809-KKC-MAS) SUPPLEMENTAL MOTION for Protective Order Memorandum in Support of Motion, AND #467 PLAINTIFFS' SUPPLEMENTAL MEMORANDUM REGARDING INTERNATIONAL LAW MEMORANDUM in Support of Motion re (434 in 5:18-md-02809-KKC-MAS) SUPPLEMENTAL MOTION for Protective Order (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Stinnett for review: re #468 MOTION for leave to Seal a Document in re (466 in 5:18-md-02809-KKC-MAS) Defendants' Memorandum in Support of Motion by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company (CBD) |
Filing 469 SEALED DOCUMENT Sealed pursuant to MOTION TO SEAL re #468 MOTION for leave to Seal a Document (466 in 5:18-md-02809-KKC-MAS) Memorandum in Support of Motion,, by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc. (Attachments: #1 Exhibit B - ONG004749884, #2 Exhibit C - ONG004750244, #3 Exhibit D - ONG007025403, #4 Exhibit E - ONG004489356, #5 Exhibit F - ONG003814677, #6 Exhibit G - ONG004867913) (Ullman, Emily) |
Filing 468 MOTION for leave to Seal a Document (466 in 5:18-md-02809-KKC-MAS) Memorandum in Support of Motion,, by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 467 PLAINTIFFS' SUPPLEMENTAL MEMORANDUM REGARDING INTERNATIONAL LAW MEMORANDUM in Support of Motion re (434 in 5:18-md-02809-KKC-MAS) SUPPLEMENTAL MOTION for Protective filed by Carolyn Williams, et al. (Attachments: #1 Affidavit of John E. Jorgensen)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text n 5/4/2020 (CBD). |
Filing 466 DEFENDANTS' SUPPLEMENTAL MEMORANDUM REGARDING INTERNATIONAL LAW MEMORANDUM in Support of Motion re (434 in 5:18-md-02809-KKC-MAS) SUPPLEMENTAL MOTION for Protective Order by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. (Attachments: #1 Affidavit of Emily Ullman, #2 Exhibit A - Filed Under Seal, #3 Exhibit B - Filed Under Seal, #4 Exhibit C - Filed Under Seal, #5 Exhibit D - Filed Under Seal, #6 Exhibit E - Filed Under Seal, #7 Exhibit F - Filed Under Seal, #8 Exhibit G - Filed Under Seal)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily)See DE #469 for SEALED Exhibits A-G Modified text on 5/4/2020 (CBD). |
Filing 465 TRANSCRIPT REQUEST by Carolyn Williams for proceedings held on 04/22/2020 before Judge Matthew A. Stinnett.. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) |
Filing 463 TRANSCRIPT REQUEST by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation for proceedings held on 04/22/20 before Judge Hon. Matthew Stinnett.. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
NOTICE OF DOCKET MODIFICATION TO Emily Ullman re (462 in 5:18-md-02809-KKC-MAS) Reply to Response to Motion. Error: This is a reply AND a response. The document was filed only as a reply when the document should be filed as two separate entries; Entry by attorney; Clerk re-filed the document as a Response for purpose of appearing on the judge's motion report. In the future, when filing multiple documents within one filing, please refer to the ECF User Manual "Filing Other Types of Documents" for the correct procedure. No further steps required by counsel. cc: COR Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Motions Taken Under Advisement: #434 SUPPLEMENTAL MOTION for Protective Order by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company (CBD) |
Clerk's Note: Clerk forwarded electronic recording information packet to Joan Avedick re #463 Transcript Request. (KM) |
Filing 464 RESPONSE in Opposition re (456 in 5:18-md-02809-KKC-MAS) MOTION for Sanctions by Carolyn Williams filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. See DE #462 for Affidavit and Exhibits A-O Filed per QC re {462 filed in 5:18-md-2809). Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Filing 462 REPLY to Response to Motion re (434 in 5:18-md-02809-KKC-MAS) SUPPLEMENTAL MOTION for Protective Order by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company , (456 in 5:18-md-02809-KKC-MAS) MOTION for Sanctions by Carolyn Williams filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. (Attachments: #1 Affidavit of E. Ullman, #2 Exhibit A - 10/17 Production Letter, #3 Exhibit B - 01/18 Production Letter, #4 Exhibit C - 10/19 Production Letter, #5 Exhibit D - 12/20 Nonclinical Production Letter, #6 Exhibit E - 02/20 Production Letter, #7 Exhibit F - 07/19 Production Letter, #8 Exhibit G - 01/22/20 Production Letter, #9 Exhibit H - 01/27/20 Production Letter, #10 Exhibit I - 03/03/20 Production Letter, #11 Exhibit J - 03/09/20 Production Letter, #12 Exhibit K - 04/20 Production Letter, #13 Exhibit L - 12/19 Clinical Production Letter, #14 Exhibit M - 01/21/20 Production Letter, #15 Exhibit N - 07/19 Dispute Letter, #16 Exhibit O - 10/19 Hearing Transcript)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified link on 4/29/2020 (CBD). |
Filing 461 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held 4/22/2020 in case 5:18-md-02809-KKC-MAS, et al before Magistrate Judge Matthew A. Stinnett: 1. The Motion for leave to seal a document (R. 453 in 5:18-md-02809-KKC-MAS) is GRANTED; 2. The Joint Motion to Amend/Correct Case Management Order No. 7 (R. 457 in 5:18-md-02809-KKC-MAS) is GRANTED; 3. The parties shall submit simultaneous briefs on or before May 1, 2020, on the relevant international law relating to the FDA submissions; 4. Upon filing of Defendants Reply to the Supplemental Motion for Protective Order (R. 434 in 5:18-md-02809-KKC-MAS) andthe briefs on international law, said motion will be taken under advisement.5. Response and reply to the Motion for Sanctions (R. 456 in 5:18-md-02809-KKC-MAS) shall be filed pursuant to Local Rule. Signed by Matthew A. Stinnett. (Court Reporter KYED-LEX__5-18-md-2809_20200422_124245.) Associated Cases: 5:18-md-02809-KKC-MAS et al. (CBD)cc: COR |
Filing 460 SEALED DOCUMENT - Un-redacted copy of Response . Sealed pursuant to REDACTED DOCUMENT re #454 Response in Opposition to Motion by Carolyn Williams, et al(Clark, Timothy) Modified on 4/21/2020 (CBD). |
Filing 459 ORDER: This matter is scheduled for a telephonic status conference on April 22, 2020 at 1:00 p.m. 1) the joint motion (457 in 5:18-md-2809) to amend Case Management Order No. 7 is REFERRED to Magistrate Judge Stinnett for resolution; and 2) Magistrate Judge Stinnett SHALL preside over the April 22, 2020 telephonic status conference. Counsel shall access the calls by dialing 1- 888-684-8852, then entering access code 6823688.. Signed by Judge Karen K. Caldwell on 4/17/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR, Lex Clerk |
Reset Hearings: TELEPHONE CONFERENCE set for 4/22/2020 at 01:00 PM in LEXINGTON before Magistrate Judge Matthew A. Stinnett. (CBD) |
MOTIONS REFERRED: Docket Entry #457 JOINT MOTION to Amend/Correct Case Management Order No. 7 (filed as 437 in 5:18-md-02809-KKC-MAS) by Plaintiffs and AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation Motions referred to Matthew A. Stinnett. (CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #458 Joint Status Report (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #457 JOINT MOTION to Amend/Correct Case Management Order No. 7 (437 in 5:18-md-02809-KKC-MAS) (CBD) |
Filing 458 JOINT STATUS REPORT by Plaintiffs and AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 4/16/2020 (CBD). |
Filing 457 JOINT MOTION to Amend/Correct Case Management Order No. 7 (437 in 5:18-md-02809-KKC-MAS) by Plaintiffs and AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 4/16/2020 (CBD). |
MEMBER CASE OPENED: Sharp v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:20-cv-153 KKC pursuant to Order #174 . cc: COR, JPMDL (CBD) |
Filing 456 MOTION for Sanctions by Carolyn Williams et al (Attachments: #1 Exhibit 1 - Affidavit of Jennifer A. Moore, #2 Exhibit 2 - Filed Conditionally Under Seal, #3 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al. Filed per QC re #454 (CBD) (Additional attachment(s) added on 4/14/2020: #4 SEALED Exhibit 2) (CBD). Modified on 4/14/2020 (CBD). |
Filing 455 SEALED DOCUMENT re Response #454 . Sealed pursuant to MOTION TO SEAL re #453 MOTION for leave to Seal a Document by Carolyn Williams, et al (Clark, Timothy) Modified text on 4/13/2020 (CBD). |
Filing 454 RESPONSE in Opposition re (434 in 5:18-md-02809-KKC-MAS) SUPPLEMENTAL MOTION for Protective Order by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company filed by Carolyn Williams. (Attachments: #1 Exhibit 1 - Affidavit of Jennifer A. Moore, #2 Exhibit 2 - Filed Conditionally Under Seal, #3 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) (Additional attachment(s) added on 4/14/2020: #4 SEALED Exhibit 2) (CBD). Modified on 4/14/2020 (CBD). (Additional attachment(s) added on 4/21/2020: #5 Un-redacted Copy of Response) (CBD). |
Filing 453 MOTION for leave to Seal a Document by Carolyn Williams (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) |
Filing 452 ORDER: In accordance with the stipulation filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 4/13/20.Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00343-KKC(CBD)cc: COR, JPML, SKV. Modified cc on 4/13/2020 (CBD). |
Filing 451 ORDER, Motions terminated: defendants motion to dismiss (126 in 5:18-cv-00141-KKC, 424 in 5:18-md-02809-KKC-MAS) is GRANTED and this action is DISMISSED with prejudice and stricken from the Courts active docket. Signed by Judge Karen K. Caldwell on 4/13/20.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00141-KKC(CBD)cc: COR, JPML, SKV |
NOTICE OF DOCKET MODIFICATION TO Timothy Clark. ***Error 1 re #454 Response in Opposition to Motion: This is a motion AND a response. The document was filed only as a response when the document should be filed as two separate entries; Entry by attorney; Clerk re-filed the document as a Motion at DE 456 in 5:18-md-2809, et al for purpose of appearing on the Judge's motion report. In the future, when filing multiple documents within one filing, please refer to the ECF User Manual "Filing Other Types of Documents" for the correct procedure. No further steps required by counsel. ***Error 2 re #455 Sealed Document: Error: a link was not created to the related document giving authority to Seal. Entry by attorney; Clerk modified the entry to create a link to the Motion for Leave to Seal #453 . No further action required by counsel. cc: COR (CBD) |
Filing 450 ORDER In accordance with the stipulation (431 in 5:18-md-02809-KKC-MAS, 118 in 5:18-cv-00373-KKC) filed by the parties, the Court hereby ORDERS that the plaintiffs claims against AstraZeneca LP are dismissed without prejudice, and AstraZeneca LP is DISMISSED as a party to this individual action. Signed by Judge Karen K. Caldwell on 4/10/20.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00373-KKC(CBD)cc: COR |
Filing 449 ORDER: In accordance with the stipulation (124 in 5:18-cv-00260-KKC, 430 in 5:18-md-02809-KKC-MAS), the Court hereby ORDERS that the plaintiffs claims against AstraZeneca LP are dismissed without prejudice, and AstraZeneca LP is DISMISSED as a party to this individual action. Signed by Judge Karen K. Caldwell on 4/10/20.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00260-KKC(CBD)cc: COR |
Filing 448 ORDER: In accordance with the stipulation (123 in 5:18-cv-00243-KKC, 429 in 5:18-md-02809-KKC-MAS), the Court hereby ORDERS that the plaintiffs claims against AstraZeneca LP are dismissed without prejudice, and AstraZeneca LP is DISMISSED as a party to this individual action.. Signed by Judge Karen K. Caldwell on 4/10/20.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00243-KKC(CBD)cc: COR |
Filing 447 ORDER: In accordance with the stipulation (120 in 5:18-cv-00250-KKC, 428 in 5:18-md-02809-KKC-MAS) ], the Court hereby ORDERS that the plaintiffs claims against AstraZeneca LP are dismissed without prejudice, and AstraZeneca LP is DISMISSED as a party to this individual action. Signed by Judge Karen K. Caldwell on 4/10/20.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00250-KKC(CBD)cc: COR |
Filing 446 ORDER: In accordance with the stipulation (427 in 5:18-md-02809-KKC-MAS, 124 in 5:18-cv-00253-KKC), the Court hereby ORDERS that the plaintiffs claims against AstraZeneca LP are dismissed without prejudice, and AstraZeneca LP is DISMISSED as a party to this individual action. Signed by Judge Karen K. Caldwell on 4/10/20.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00253-KKC(CBD)cc: COR |
Filing 445 ORDER: In accordance with the stipulation (121 in 5:18-cv-00375-KKC, 426 in 5:18-md-02809-KKC-MAS), the Court hereby ORDERS that the plaintiffs' claims against AstraZeneca LP are dismissed without prejudice, and AstraZeneca LP is DISMISSED as a party to this individual action. Signed by Judge Karen K. Caldwell on 4/10/20.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00375-KKC(CBD)cc: COR |
Filing 444 DISMISSAL WITHOUT PREJUDICE: In accordance with the stipulation (433 in 5:18-md-02809-KKC-MAS, 120 in 5:18-cv-00255-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 4/10/20.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00255-KKC(CBD)cc: COR, JPML, SKV |
Filing 443 DISMISSAL WITHOUT PREJUDICE: In accordance with the stipulation (121 in 5:18-cv-00369-KKC, 423 in 5:18-md-02809-KKC-MAS) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 4/10/20.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00369-KKC(CBD)cc: COR, JPML, SKV |
Filing 442 DISMISSAL WITHOUT PREJUDICE: In accordance with the stipulation (421 in 5:18-md-02809-KKC-MAS, 119 in 5:18-cv-00245-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket.. Signed by Judge Karen K. Caldwell on 4/10/20.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00245-KKC(CBD)cc: COR, JPML, SKV |
Filing 441 DISMISSAL WITH PREJUDICE: In accordance with the stipulation (27 in 5:19-cv-00414-KKC, 419 in 5:18-md-02809-KKC-MAS) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED with prejudice and STRICKEN from the Courts active docket.. Signed by Judge Karen K. Caldwell on 4/10/20.Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00414-KKC(CBD)cc: COR, JPML, SKV |
Filing 440 DISMISSAL WITHOUT PREJUDICE : In accordance with the stipulation (422 in 5:18-md-02809-KKC-MAS, 123 in 5:18-cv-00254-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 4/10/20.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00254-KKC(CBD)cc: COR, JPML, SKV |
MEMBER CASE OPENED: Mack v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:20-cv-148 KKC pursuant to #174 Order. cc: COR, JPMDL (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re Proposed Stipulation of Dismissal (439 in 5:18-md-02809-KKC-MAS, 43 in 5:19-cv-343). Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00343-KKC(CBD) |
Filing 439 STIPULATION of Dismissal by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00343-KKC(Browning, Carol) Modified on 4/7/2020 (CBD). |
MEMBER CASE OPENED: Roseboro v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:20-cv-00143-KKC pursuant to Direct File Order #174 . cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Hunter v. Bristol-Myers Squibb Company, Inc. et al directly opened in Kentucky Eastern District as 5:20-cv-00141-KKC pursuant to #174 Order cc: COR, JPMDL (CBD) |
Filing 438 TRANSCRIPT of Proceedings: Motion Hearing held on October 10, 2019 before Judge Matthew A. Stinnett. Court Reporter: Lisa Reed Wiesman, Telephone number 859-291-4410. Transcript ordered by: Timothy Michael Clark, Esq. and Carol Dan Browning, Esq. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 4/23/2020. Redacted Transcript Deadline set for 5/4/2020. Release of Transcript Restriction set for 7/2/2020. |
Filing 437 CASE MANAGEMENT ORDER NO. 7 REVISED GENERAL CAUSATION EXPERT DISCOVERY DEADLINES: In their most recent status report (DE 432 in 5:18-md-2809), the parties request extensions of the deadlines for expert discovery pertaining to general causation established by Case Management Order No. 6 (DE 412 in 5:18-md-2809). The Court hereby ORDERS that the expert discovery deadlines are REVISED as follows: 1) Plaintiffs must serve expert reports related to the issue of general causation by April 17, 2020; 2) Defendants must serve expert reports related to the issue of general causation by May 14, 2020; 3) Plaintiffs must serve rebuttal expert reports by May 29, 2020; 4) Depositions of expert witnesses on the issue of general causation must be completed by July 2, 2020; The following deadlines regarding Daubert motions remain in effect: 1) Any Daubert motions challenging expert witness testimony on the issue of general causation must be filed by July 17, 2020. Any responses to such motions must be filed by August 14, 2020. Any replies must be filed by August 28, 2020. 2) Hearings on any Daubert motions will take place the week of October 6, 2020. Signed by Judge Karen K. Caldwell on 3/27/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
MEMBER CASE OPENED: Evans v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:20-cv-00124-KKC pursuant to Direct File Order #174 cc: COR, JPMDL (CBD) |
Clerk's Note: Clerk provided electronic recording information packet to Lisa Wiesman re #436 Transcript Request, #435 Transcript Request. (JLM) |
Filing 436 TRANSCRIPT REQUEST by Bristol-Myers Squibb Company, Inc. for proceedings held on 10/10/2019 before Judge Hon. Matthew Stinnett.. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
Filing 435 TRANSCRIPT REQUEST by Carolyn Williams for proceedings held on 10/10/2019 before Judge Hon. Matthew A. Stinnet.. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) |
Filing 434 SUPPLEMENTAL MOTION for Protective Order by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
NOTICE OF DOCKET MODIFICATION TO Randi Kassan re Stipulation of Dismissal (119 in 5:18-cv-00255-KKC). *** Error: Attorney filed the document in the individual member case file only. Pursuant to the Court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) attorney should have filed the document in the master case and spread text to the related individual member case; Entry by Attorney; Correction: Clerk has re- filed the document in the master and member case files for purpose of appearing on the Judge's motion report. No further action required by counsel as to this error. cc: COR Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00255-KKC(CBD) |
Filing 433 Proposed Agreed Order of Dismissal by AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Oswald Gooch. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00255-KKC(CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re Proposed Agreed Order of Dismissal (433 in 5:18-md-02809-KKC-MAS, 120 in 5:18-cv-00255-KKC) Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00255-KKC(CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #432 Joint Status Report (CBD) |
Filing 432 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re Proposed Agreed Stipulations of Dismissal #426 , #427 , #428 , #429 , #430 , #431 (CBD) |
Filing 431 STIPULATION of Dismissal by AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00373-KKC(Browning, Carol) Modified on 3/10/2020 (CBD). |
Filing 430 STIPULATION of Dismissal by AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00260-KKC(Browning, Carol) Modified on 3/10/2020 (CBD). |
Filing 429 STIPULATION of Dismissal by AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00243-KKC(Browning, Carol) Modified on 3/10/2020 (CBD). |
Filing 428 STIPULATION of Dismissal by AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00250-KKC(Browning, Carol) Modified on 3/10/2020 (CBD). |
Filing 427 STIPULATION of Dismissal by AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00253-KKC(Browning, Carol) Modified on 3/10/2020 (CBD). |
Filing 426 STIPULATION of Dismissal by AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00375-KKC(Browning, Carol) Modified on 3/10/2020 (CBD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re MOTION to Dismiss (424 in 5:18-md-02809-KKC-MAS, 126 in 5:18-cv-00141-KKC) for Failure to File a Motion for Substitution. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00141-KKC(CBD) |
Filing 425 RESPONSE to Motion re (126 in 5:18-cv-00141-KKC, 424 in 5:18-md-02809-KKC-MAS) MOTION to Dismiss by AstraZeneca Pharmaceuticals LP, Bristol-Meyers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., McKesson Corporation for Failure to File a Motion for Substitution filed by Samuel Mwakamsha Yaa. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00141-KKC(Johnson, Michael) |
MEMBER CASE OPENED: Coleman, Jr. v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:20-cv-00072-KKC pursuant to #174 Direct File Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Fyffe et al v. Bristol-Myers Squibb Company, Inc. et al was opened in Kentucky Eastern District as 5:20-cv-00073-KKC pursuant to #174 Direct File Order. cc: COR, JPMDL (CBD) |
Filing 424 MOTION to Dismiss by AstraZeneca Pharmaceuticals LP, Bristol-Meyers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., McKesson Corporation for Failure to File a Motion for Substitution (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00141-KKC(Browning, Carol) |
Filing 423 Proposed Agreed Stipulation of Dismissal without Prejudice by AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Susan Gosner. Filed per QC re DE 120 in 5:18-cv-369Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00369-KKC(CBD) |
Filing 422 Proposed Agreed Stipulation of Dismissal without Prejudice by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Timothy Waterman. Filed per QC re DE 122 in 5:18-cv-254 Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00254-KKC(CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #421 Proposed Agreed Stipulation of Dismissal of Prejudice, #422 Proposed Agreed Stipulation of Dismissal of Prejudice, #423 Proposed Agreed Stipulation of Dismissal of Prejudice (CBD) |
NOTICE OF DOCKET MODIFICATION TO C. Browning Stipulations of Dismissal, (120 in 5:18-cv-00369-KKC), (118 in 5:18-cv-00245-KKC), (122 in 5:18-cv-00254-KKC): ***Error: Attorney filed the documents in the individual member case files only. Pursuant to the Court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) attorney should have filed the documents in the master case and spread text to each related individual member case; Entries by Attorney; Correction: Clerk has re-filed the documents in the master and related member case files. No further action required by counsel as to this error. cc: COR Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00245-KKC, 5:18-cv-00254-KKC, 5:18-cv-00369-KKC(CBD) |
Filing 421 Proposed Agreed Stipulation of Dismissal without Prejudice by AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Nicky Carter. Filed per QC re DE 118 in 5:18-cv-245Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00245-KKC(CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #420 Joint Status Report (CBD) |
Filing 420 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
NOTICE OF DOCKET MODIFICATION TO David Friend re Stipulation of Dismissal (filed as 26 in 5:19-cv-00414-KKC): ***Error: Attorney filed the document in the individual member case file only. Pursuant to the Court's Practice & Procedure Order (Entry [R. 3] in 5:18- md-2809) attorney should have filed the document in the master case and spread text to the related individual member case; Entry by Attorney; Correction: Clerk has re- filed the document in the master and member case files. No further action required by counsel as to this error. cc: COR Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00414-KKC(CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re Proposed Stipulation of Dismissal with Prejudice (419 in 5:18-md-02809-KKC-MAS, 27 in 5:19-cv-00414-KKC) Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00414-KKC(CBD) |
Filing 419 Proposed STIPULATION OF DISMISSAL with prejudice by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., Billy Harris, McKesson Corporation. Filed per QC re DE 26 in 5:19-cv-414 Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00414-KKC(CBD) |
Filing 418 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 1/22/2020. before Judge Karen K. Caldwell: The parties advised the Court that they are reviewing the supplemental production of documents. The Court scheduled four telephonic status conferences and advised the parties to contact chambers should any issues arise. The Court HEREBY ORDERS AS FOLLOWS: 1. The Telephonic Status Conference schedule at Lexington, Ky is as follows: Wednesday, April 22, 2020 at 1:00 p.m..; Wednesday, July 22, 2020 at 10:00 a.m.; Wednesday, October 14, 2020 at 10:00 a.m.; and Wednesday, January 13, 2021 at 10:00 a.m. 2. Counsel shall access the calls by dialing 1-888-684-8852, then entering access code 6823688. (Court Reporter Diane Farrell.) Associated Cases: 5:18-md-02809-KKC-MAS et al. (CBD)cc: COR, Lex D |
Set/Reset Hearings: TELEPHONE CONFERENCE set for 4/22/2020 at 01:00 PM in FRANKFORT before Judge Karen K. Caldwell. TELEPHONE CONFERENCE set for 7/22/2020 at 10:00 AM in LEXINGTON before Judge Karen K. Caldwell. TELEPHONE CONFERENCE set for 10/14/2020 at 10:00 AM in LEXINGTON before Judge Karen K. Caldwell. TELEPHONE CONFERENCE set for 1/13/2021 at 10:00 AM in LEXINGTON before Judge Karen K. Caldwell. (CBD) |
Filing 417 ORDER: the Court ORDERED that the above-named plaintiff show cause why her case should not be dismissed with prejudice for failing to submit a Plaintiff Profile Form (DE 408 in 5:18-md-2809) in accordance with this Court's Case Management Order No. 2 (DE 197 in 5:18-2809). She has not filed any response. Accordingly, the Court hereby ORDERS that the above-referenced case is DISMISSED with prejudice. Signed by Judge Karen K. Caldwell on 1/17/2020.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00061-KKC(CBD)cc: COR, JPML Clerk, SKV |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #416 Joint Status Report (CBD) |
Filing 416 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
MEMBER CASE OPENED: Moran v. Bristol-Myers Squibb Company, Inc. et al opened as a Direct Filed Case in Kentucky Eastern District as 5:20-cv-7-KKC pursuant to #174 Stipulated Order re Direct Filing. (TDA) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: Show Cause Order (408 in 5:18-md-02809-KKC-MAS) - No response filed. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00061-KKC(CBD) |
MEMBER CASE OPENED: Tugger v. Bristol-Myers Squibb Company, Inc. et al opened in Kentucky Eastern District as 5:19-cv-00499-KKC pursuant to #174 Order. cc: COR, JPMDL (CBD) |
Filing 415 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 12/17/2019. before Judge Karen K. Caldwell: The Court heard statements from counsel on a minor issue regarding production of documents and the parties advised the court they are working to resolve the issue and to comply with the production schedule. The Court HEREBY ORDERS AS FOLLOWS: 1. A Telephonic Status Conference regarding the production issue is SCHEDULED for Wednesday, January 22, 2020 at 9:30 a.m. Counsel shall access the call by dialing 1-888-684-8852, then entering access code 6823688.2. If the parties resolve the production issue and no longer require the January 22nd StatusConference, they shall advise the Court in the Joint Status Report due January 15, 2019. (Court Reporter - Elaine Haberer.) Associated Cases: 5:18-md-02809-KKC-MAS et al. (CBD)cc: COR, Lex D |
Set/Reset Hearings: TELEPHONE CONFERENCE set for 1/22/2020 at 09:30 AM in LEXINGTON before Judge Karen K. Caldwell. (CBD) |
Filing 414 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 413 ORDER: 1) the defendants' motion for leave to maintain documents under seal (DE 376 in 5:18-md-2809) is GRANTED; 2) the clerk of the court SHALL maintain the documents filed at (DE 368 and DE 368-1 in 5:18-md-2809) under SEAL until further orders of the Court; and 3) the plaintiffs motion (DE 364in 5:18-md-2809 ) to file the documents under seal until the Court rules on defendants motion is DENIED as moot. Signed by Judge Karen K. Caldwell on 12/16/2019. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 412 CASE MANAGEMENT ORDER NO. 6 REVISED GENERAL CAUSATION EXPERT AND DAUBERT DEADLINES: The Court hereby ORDERS that certain of the general causation discovery deadlines set forth in Case Management Order No. 4 are REVISED as follows: 1) Plaintiffs must serve expert reports relating to the issue of general causation by March 27, 2020; 2) Defendants must serve expert reports relating to the issue of general causation by April 15, 2020; 3) Plaintiffs must serve rebuttal expert reports by May 16, 2020; 4) Depositions of expert witnesses on the issue of general causation must be completed by June 29, 2020; 5) Daubert motions challenging expert witness testimony on the issue of general causation must be filed by July 17, 2020. Any responses to such motions must be filed by August 14, 2020. Any replies must be filed by August 28, 2020. 6) DAUBERT MOTION HEARINGS currently scheduled the week of June 8, 2020 are RESCHEDULED to take place the week of October 6, 2020. This matter remains REFERRED to Magistrate Judge Matthew Stinnett for purposes of resolving all discovery disputes as set forth in Case Management Order No. 4. Signed by Judge Karen K. Caldwell on 12/11/2019.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR, Lex |
Filing 411 ORDER: 1. Leatha Taylor's Motion (409 in 5:18-md-02809-KKC-MAS, 149 in 5:18-cv-00053-KKC) is GRANTED. 2.Plaintiff David Taylor is removed from this matter, and in his place Leatha Taylor, Administratrix of the Estate of David Taylor, is substituted. Signed by Judge Karen K. Caldwell on 12/11/2019.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00053-KKC(CBD)cc: COR |
Set/Reset Hearings: DAUBERT HEARINGS set for 10/6/2020 at 09:00 AM, 10/7/2020 at 09:00 AM, 10/8/2020 at 09:00 AM, 10/9/2020 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell. (CBD) |
NOTICE OF DOCKET MODIFICATION TO Randi Kassan re NOTICE OF APPEARANCES filed as (113 in 5:18-cv-00372-KKC; 110 in 5:18-cv-00255-KKC; 58 in 5:19-cv-00070-KKC; 112 in 5:18-cv-00247-KKC; 58 in 5:19-cv-00071-KKC; 112 in 5:18-cv-00369-KKC; 50 in 5:19-cv-00169-KKC; 107 in 5:18-cv-00370-KKC). ***Error: Notices of Appearance were filed in the member cases only. Pursuant to the court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) attorney should have filed each of the documents identified above in the master case and spread text to each related member case; Entries by Attorney; Correction: Clerk has added counsel of record referenced in the Notices to the master case. No further action required by counsel as to this error cc: COR Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Attorney Update. Attorney Randi Alyson Kassan for Robert Ervin, Randi Alyson Kassan for Donald Forgione, Randi Alyson Kassan for Oswald Gooch, Randi Alyson Kassan for Susan Gosner, Randi Alyson Kassan for Louis Karitenos, Randi Alyson Kassan for Violet Martin, Randi Alyson Kassan for Valerie Rankow, Randi Alyson Kassan for Leroy Scott, added. (CBD) |
Filing 410 ORDER: that the notices (filed as DE 354, 355, 356, 357, 358 in Master File No. 5:18-md-2809-KKC) are ineffective. To the extent that the notices should be construed as motions to withdraw, they are DENIED. If counsel wishes to withdraw as counsel of record in this or any other case in this MDL, they SHALL comply with Local Rule 83.6. Signed by Judge Karen K. Caldwell on 12/9/2019.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: MOTION (149 in 5:18-cv-00053-KKC, 409 in 5:18-md-02809-KKC-MAS) to Substitute Party by Leatha Taylor . Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00053-KKC(CBD) |
Filing 409 MOTION to Substitute Party by Leatha Taylor (Attachments: #1 Proposed Order, #2 Exhibit Death Certificate, #3 Exhibit Probate Order)Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00053-KKC(McCarty, Sean) |
Filing 408 ORDER THAT PLAINTIFF SHOW CAUSE WHY HER CASES SHOULD NOT BE DISMISSED WITH PREJUDICE FOR FAILURE TO SUBMIT A PLAINTIFF PROFILE FORM: Defendants' motion (174 in 5:18-cv-00061-KKC, 342 in 5:18-md-02809-KKC-MAS) is GRANTED. Within thirty (30) days of this Order, the plaintiff in the above- captioned action shall file a response showing cause why her case should not be dismissed with prejudice. If the plaintiff files such a response, defendants may file a reply within fourteen (14) days of the date the response is filed. If the plaintiff fails to show cause why the case should not be dismissed with prejudice, the Court will dismiss the case with prejudice. Signed by Judge Karen K. Caldwell on 12/3/2019.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00061-KKC(CBD)cc: COR |
Filing 407 ORDER: In accordance with the stipulation (137 in 5:18-cv-00064-KKC, 370 in 5:18-md-02809-KKC-MAS) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudiced and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 12/3/2019.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00064-KKC(CBD)cc: COR, JPML, SKV |
Filing 406 ORDER: In accordance with the stipulation(114 in 5:18-cv-00146-KKC, 371 in 5:18-md-02809-KKC-MAS) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudiced and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 12/3/2019.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00146-KKC(CBD)cc: COR, JPML, SKV |
Filing 405 ORDER: In accordance with the stipulation (350 in 5:18-md-02809-KKC-MAS, 20 in 5:19-cv-00219-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudiced and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 12/3/2019.Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00219-KKC(CBD)cc: COR, JPML, SKV |
Filing 404 ORDER: In accordance with the stipulation (filed as 107 in 5:18-cv-00368-KKC, 397 in 5:18-md-02809-KKC-MAS) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudiced and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 12/3/2019.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00368-KKC(CBD)cc: COR, JPML, SKV |
MEMBER CASE OPENED: Estate of Elaine Denmon et al v. Bristol-Myers Squibb Company, Inc. et al Opened Directly in Kentucky Eastern District as 5:19-cv-461 KKC pursuant to #174 Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Griffith v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-463 KKC pursuant to #174 Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Negron v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-462 KKC pursuant to #174 Order. cc: COR, JPMDL (CBD) |
Filing 403 SUGGESTION OF DEATH Upon the Record as to Samuel Mwakamsha Yaa by Samuel Mwakamsha Yaa. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00141-KKC(Johnson, Michael) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: Suggestion of Death (403 in 5:18-md-02809-KKC-MAS, 118 in 5:18-cv-00141-KKC). Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00141-KKC (CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: Joint Status (402 in 5:18-md-02809-KKC-MAS, et al). Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Filing 402 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 401 CASE MANAGEMENT ORDER NO. 5 ESTABLISHING STANDARDS AND PROCEDURES FOR COUNSEL SEEKING REIMBURSEMENT FOR COMMON BENEFIT FEES AND COSTS: This Order is entered to provide standards and procedures for the fair and equitable sharing among Plaintiffs, and their counsel, of the burden of services performed and expenses incurred by attorneys acting for the common benefit of all plaintiffs in this complex litigation. Each Participating Counsel who performs work or incurs expense for the common benefit has the right to present his/her claims for compensation and/or reimbursement prior to any distribution approved by this Court. At the appropriate time, this Court shall request that the PEC make recommendations for distributions to Participating Counsel who have performed common benefit work and/or incurred common benefit expenses. The PEC shall dictate the recommended distribution for common benefit work, and shall determine the most fair and efficient manner by which to evaluate all of the time and expense submissions in making its recommendations to this Court. The Court will give due consideration to the recommendations. Signed by Judge Karen K. Caldwell on 11/7/2019. (Attachments: #1 Exhibit A - Participation Agreement, #2 Exhibit B - Monthly Expense, #3 Exhibit C - Monthly Time)Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR Modified text on 11/7/2019 (CBD). |
Filing 400 ORDER: plaintiffs' motion for entry of a case management order establishing standards and procedures for counsel seeking reimbursement for common benefit fees and costs (filed as DE 180 in 5:18-md-2809, et al) is GRANTED to the extent it requests that the Court enter the plaintiffs' third amended proposed case management order tendered at (DE 372-1 in 5:18-md-2809, et al), together with the exhibits referenced in the order and which are filed at (DE 344-2, 344-3, and DE 344-4 in 5:18-md-2809, et al.) The motion is otherwise DENIED. Signed by Judge Karen K. Caldwell on 11/7/2019. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re CMO 5 (401 in 5:18-md-02809-KKC-MAS); Error: Incorrect caption "Case Management Order No. 1" entered; Entry by clerk; Correction: Caption was corrected to reflect "Case Management Order No. 5"; No further action required. cc: COR Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Filing 399 MEMORANDUM OPINION & ORDER: For the reasons stated herein, IT IS ORDERED that Plaintiffs Motion to Compel #349 is: 1) GRANTED as to the clinical and non-clinical trial data; 2) GRANTED as to the pharmacoviligence data; 3) GRANTED IN PART and DENIED IN PART, as detailed above, as to the custodial files. Signed by Magistrate Judge Matthew A. Stinnett on 11/5/2019.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
MEMBER CASE OPENED: Crawford v. Bristol-Myers Squibb Company, Inc., et al Opened in Kentucky Eastern District as 5:19-cv-00439 pursuant to Order #174 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Herrera v. Bristol-Myers Squibb Company, Inc. et al opened as a Direct Filed Case in Kentucky Eastern District as 5:19-cv-436-KKC pursuant to #174 Stipulated Order re Direct Filing. cc: COR (TDA) |
NOTICE OF DOCKET MODIFICATION TO Emily Ullman re (398 in 5:18-md-02809-KKC-MAS) Reply. Error: a link was not created to the Motion; Entry by attorney; Clerk modified the entry to create a link to the Motion, thereby placing the reply on the Judge's motion report. In the future, create a link to the subject motion. The appropriate event is Reply to Response to Motion. No further action required by counsel. cc: COR Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: Proposed Agreed Order/Stipulation of Dismissal (107 in 5:18-cv-00368-KKC, 397 in 5:18-md-02809-KKC-MAS). Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00368-KKC(CBD) Modified text on 10/31/2019 (CBD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #376 MOTION for leave to Seal a Document by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation (CBD) |
Filing 398 REPLY to Response to Motion (filed as DE 376 in 5:18-ms-2809, et al) for Leave to Maintain Under Seal filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified link on 10/29/2019 (CBD). |
Filing 397 STIPULATION of Dismissal Without Prejudice by AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Bristol-Myers Squibb Company, Inc.. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00368-KKC(Browning, Carol) Modified event on 10/29/2019 (CBD). Modified event on 10/29/2019 (CBD). |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: NOTICE OF FILING THIRD AMENDED [PROPOSED] CASE MANAGEMENT ORDER (filed as 372 in 5:18-md-02809-KKC-MAS, et al) ESTABLISHING STANDARDS AND PROCEDURES FOR COUNSEL SEEKING REIMBURSEMENT FOR COMMON BENEFIT FEES AND COSTS re MOTION (R. 180 in 5:18-md-2809, et al) Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
NOTICE OF DOCKET MODIFICATION TO Jennifer Moore re ( #396 in 5:18-md-2809, et al) Response in Opposition to Motion. *** Error: a link was created to the Motion in Member Case 5:19-cv-414 instead of the Motion in the Master Case 5:18-md-2809; Entry by attorney; Clerk modified the entry to create a link to the Motion #376 in 5:18-md-2809, et al, thereby placing the response on the Judge's motion report. In the future, create a link to the subject motion. The appropriate event is Reply to Response to Motion. No further action required by counsel. cc: COR (CBD) |
Filing 396 RESPONSE in Opposition re (376 in 5:18-md-2809-KKC, et al) MOTION for leave to Seal a Document by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation filed by Don Lynn. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) Modified link on 10/26/2019 (CBD). |
Filing 395 NOTICE of Appearance by Ashton Rose Smith on behalf of Sullivan Wilkerson Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00112-KKC(Smith, Ashton) |
Filing 394 NOTICE of Appearance by Ashton Rose Smith on behalf of Chleo Trapp, Ernest Trapp Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00260-KKC(Smith, Ashton) |
Filing 393 NOTICE of Appearance by Ashton Rose Smith on behalf of Allen Rouse Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00250-KKC(Smith, Ashton) |
Filing 392 NOTICE of Appearance by Ashton Rose Smith on behalf of Katherine Orschel Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00243-KKC(Smith, Ashton) |
Filing 391 NOTICE of Appearance by Ashton Rose Smith on behalf of Michael Havice Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00253-KKC(Smith, Ashton) |
Filing 390 NOTICE of Appearance by Ashton Rose Smith on behalf of Shirley Whiteside(Individually), Shirley Whiteside Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00373-KKC(Smith, Ashton) |
Filing 389 NOTICE of Appearance by Ashton Rose Smith on behalf of James Butler Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00375-KKC(Smith, Ashton) |
Filing 388 NOTICE of Appearance by Jennifer A. Moore on behalf of Sullivan Wilkerson Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00112-KKC(Moore, Jennifer) |
Filing 387 NOTICE of Appearance by Jennifer A. Moore on behalf of Chleo Trapp, Ernest Trapp Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00260-KKC(Moore, Jennifer) |
Filing 386 NOTICE of Appearance by Jennifer A. Moore on behalf of Allen Rouse Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00250-KKC(Moore, Jennifer) |
Filing 385 NOTICE of Appearance by Jennifer A. Moore on behalf of Katherine Orschel Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00243-KKC(Moore, Jennifer) |
Filing 384 NOTICE of Appearance by Jennifer A. Moore on behalf of Michael Havice Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00253-KKC(Moore, Jennifer) |
Filing 383 NOTICE of Appearance by Jennifer A. Moore on behalf of Shirley Whiteside(Individually) Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00373-KKC(Moore, Jennifer) |
Filing 382 NOTICE of Appearance by Jennifer A. Moore on behalf of James Butler Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00375-KKC(Moore, Jennifer) |
MEMBER CASE OPENED: Brooks v. Bristol-Myers Squibb Company, Inc. et al directly opened in Kentucky Eastern District as 5:19-cv-00422 pursuant to #174 Order. cc: COR, JPMDL (CBD) |
Filing 381 VIRTUAL ORDER: granting MOTION (filed as 380 in 5:18-md-02809-KKC-MAS, et al) for leave to Seal a Documents relating to Plaintiffs' Proposed Search Term Recommondations (filed as 379 in 5:18-md-02809-KKC-MAS, et al) by Carolyn Williams, et al. Signed by Magistrate Judge Matthew A. Stinnett on 10/18/2019.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 380 MOTION for leave to Seal a Documents re Plaintiffs' Proposed Search Term Recommendations (filed as 379 in 5:19-md-2809, et al) marked "Confidential" by Carolyn Williams (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text on 10/17/2019 (CBD). |
Filing 379 PLAINTIFFS PROPOSED SEARCH TERM RECOMMENDATIONS filed by Carolyn Williams. (Attachments: #1 Exhibit A - Plaintiffs Proposed List of Search Terms, #2 Exhibit B - Plaintiffs' Exemplar)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text on 10/17/2019 (CBD). (Additional attachment(s) added on 10/17/2019: #3 Exhibit A - Plaintiffs Proposed List of Search Terms, #4 Exhibit B - Plaintiffs' Exemplar) (CBD). Modified text on 10/17/2019 (CBD). (Additional attachment(s) added on 10/21/2019: #5 Un-redacted Proposed Search Term Recommendations) (CBD). (Attachment 3, 4 replaced on 11/1/2019 with images in color) (CBD). |
***FILE SUBMITTED TO CHAMBERS of Judge Stinnett for review: #379 PLAINTIFFS PROPOSED SEARCH TERM RECOMMENDATIONS, #378 DEFENDANTS' SUPPLEMENTAL MEMORANDUM REGARDING DISCOVERY (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Stinnett for review: re #380 PLAINTIFFS' MOTION TO SEAL DOCUMENTS MARKED "CONFIDENTIAL" IN PLAINTIFFS' PROPOSED SEARCH TERM RECOMMENDATIONS AND CUSTODIANS #379 by Carolyn Williams (CBD) |
Filing 378 SUPPLEMENTAL MEMORANDUM REGARDING DISCOVERY filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 10/17/2019 (CBD). |
Filing 377 ORDER: the Daubert hearings scheduled for the week of June 15, 2020 are RESCHEDULED for the week of June 8, 2020 beginning at 9:00 AM. Signed by Judge Karen K. Caldwell on 10/16/2019.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR, Lex D |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: Joint Status Report (filed as 375 in 5:18-md-02809-KKC-MAS, et al) Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Set Deadlines/Hearings: DAUBERT HEARINGS set for 6/8/2020 at 09:00 AM, 6/9/2020 at 09:00 AM, 6/10/2020 at 09:00 AM, 6/11/2020 at 09:00 AM, and 6/12/2020 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell. (CBD) |
Filing 376 MOTION for leave to Seal a Documents: (1) Exhibit A Study Summary for the Single-Dose Intravenous Exploratory Cardiovascular Telemetry Study in Monkeys (ONG005726792) (2) Exhibit B Email Correspondence regarding Study Summary (ONG005726790) by Defendants (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 11/5/2019 (CBD). |
Filing 375 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 374 AMENDED MINUTE ENTRY ORDER FOR MOTION HEARING held on 10/10/2019. before Magistrate Judge Matthew A. Stinnett: After hearing statements of counsel, the Court took the Motion of the Plaintiffs (filed as 349 in 5:19-md-2809, et al) under advisement. IT IS ORDERED that not later than 10/16/2019, the parties SHALL FILE supplemental briefs, with no response time, addressing, individually, the seventeen custodial files Plaintiffs seek to be produced. The briefs shall address the relevance of each file to causation, the proportionality of the burden of producing each file at this stage compared to its relevance to causation and proposed search terms for the custodial files. Signed by Magistrate Judge Matthew A. Stinnett on 10/10/2019.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 373 MINUTE ENTRY ORDER FOR MOTION HEARING held on 10/10/2019. before Magistrate Judge Matthew A. Stinnett: After hearing statements of counsel, the Court took the Motion of the Plaintiffs (filed as 349 in 5:19-md-2809, et al) under advisement. IT IS ORDERED that not later than 10/17/2019, the parties SHALL FILE supplemental briefs, with no response time, addressing, individually, the seventeen custodial files Plaintiffs seek to be produced. The briefs shall address the relevance of each file to causation, the proportionality of the burden of producing each file at this stage compared to its relevance to causation and proposed search terms for the custodial files. Signed by Matthew A. Stinnett. (Tape #KYED-LEX__5-18-md-2809-KKC_20191010_145422.) Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 372 NOTICE OF FILING by Carolyn Williams THIRD AMENDED [PROPOSED] CASE MANAGEMENT ORDER ESTABLISHING STANDARDS AND PROCEDURES FOR COUNSEL SEEKING REIMBURSEMENT FOR COMMON BENEFIT FEES AND COSTS (Attachments: #1 Exhibit A - Third Amended Proposed Common Benefit Order, #2 Exhibit B - Edited Second Amended Proposed Common Benefit Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) |
MEMBER CASE OPENED: Harris v. Bristol-Myers Squibb Company, Inc. et al opened as a Direct Filed Case in Kentucky Eastern District as 5:19-cv-414-KKC pursuant to #174 Stipulated Order re Direct Filing. cc: COR, JPMDL (TDA) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: Proposed Agreed Orders of Dismissal (114 in 5:18-cv-00146-KKC, 371 in 5:18-md-02809-KKC-MAS), (137 in 5:18-cv-00064-KKC, 370 in 5:18-md-02809-KKC-MAS) Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00064-KKC, 5:18-cv-00146-KKC (CBD) |
Filing 371 Proposed Agreed Order/Stipulation without Prejudice by Vannessa Slaughter. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00146-KKC(Kassan, Randi) |
Filing 370 Proposed Agreed Order/Stipulation without Prejudice by Wrendell Chester. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00064-KKC(Kassan, Randi) |
Filing 369 TRANSCRIPT of Proceedings: TELEPHONIC STATUS CONFERENCE held on 4/25/2019 before Judge Karen K. Caldwell. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Carol Browning, Esq. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/28/2019. Redacted Transcript Deadline set for 11/7/2019. Release of Transcript Restriction set for 1/6/2020. |
Filing 368 SEALED DOCUMENTS same being Exhibit A cardiovascular telemetry study stamped ONG005726792 & Exhibit B emails re telemetry results stamped ONG005726790 re Reply (365 in 5:18-md-02809-KKC-MAS) filed pursuant to #364 MOTION TO SEAL documents (364 in 5:18-md-02809-KKC-MAS) by Plaintiffs. (Attachments: #1 Exhibit B emails re telemetry results (ONG005726790)) Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Filing 367 ORDER: the MOTION HEARING scheduled for October 2, 2019, at 10:00 a.m. is hereby CONTINUED until October 10, 2019, at 3:00 p.m. in Lexington. This date is firm and will not be changed. Signed by Magistrate Judge Matthew A. Stinnett on 10/1/2019.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR, Lex D. Modified cc on 10/1/2019 (CBD). |
Filing 366 TRANSCRIPT of Proceedings: TELEPHONIC STATUS CONFERENCE held on 12/18/2018 before Judge Caldwell. Court Reporter: Linda Mullen, Telephone number (859) 469-7459. Transcript ordered by: CAROL BROWNING. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/25/2019. Redacted Transcript Deadline set for 11/4/2019. Release of Transcript Restriction set for 1/2/2020. |
MEMBER CASE OPENED: Liles v. Bristol-Myers Squibb Company, Inc. et al directly opened in Kentucky Eastern District as 5:19-cv-00401-KKC pursuant to Order #174 . cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Rosenbaum v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-00403-KKC pursuant to Order #174 . cc: COR, JPMDL (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Stinnett for review: re #349 MOTION to Compel to produce complete responses to the discovery that was propounded by Plaintiffs on 5/31/2019 , #364 MOTION for leave to Seal Exhibits A & B to Plaintiffs' Reply (filed as 365 in 5:18-md-2809) (CBD) |
Filing 365 REPLY to (363 in 5:18-md-02809-KKC-MAS) Motion to Compel filed by Carolyn Williams, et al. (Attachments: #1 Exhibit A - ONG005726792 - CONDITONALLY UNDER SEAL, #2 Exhibit B - ONB005726790 - CONDITIONALLY UNDER SEAL)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified on 10/1/2019 (CBD). |
Filing 364 MOTION for leave to Seal a Exhibits A & B to Plaintiffs' Reply (filed as 365 in 5:18-md-2809) by Carolyn Williams, et al (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text on 10/1/2019 (CBD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re Proposed Agreed Order/Stipulation (350 in 5:18-md-02809-KKC-MAS, 20 in 5:19-cv-00219-KKC) Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00219-KKC(CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re MOTION to Withdraw as Attorney (88 in 5:18-cv-00304-KKC, 355 in 5:18-md-02809-KKC-MAS); (91 in 5:18-cv-00325-KKC, 356 in 5:18-md-02809-KKC-MAS), (354 in 5:18-md-02809-KKC-MAS, 91 in 5:18-cv-00307-KKC), (357 in 5:18-md-02809-KKC-MAS, 87 in 5:18-cv-00326-KKC), (87 in 5:18-cv-00328-KKC, 358 in 5:18-md-02809-KKC-MAS) Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Clerk's Note: Clerk provided electronic recording information packet to Joan Averdick re: #361 Transcript Order Form. (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re MOTION for Order to Show Cause (174 in 5:18-cv-00061-KKC, 342 in 5:18-md-02809-KKC-MAS) Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00061-KKC(CBD) |
Filing 363 RESPONSE in Opposition to Plaintiffs' Motion to Compel filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. (Attachments: #1 Affidavit of Nishanth Chintala, #2 Affidavit of Mark Lewish, #3 Affidavit of Emily Ullman, #4 Exhibit A - 2008 FDA eCTD Guidance, #5 Exhibit B - Onglyza Summary Review, #6 Exhibit C - Onglyza Approval Letter, #7 Exhibit D - Kombiglyze Approval Letter, #8 Exhibit E - April 2016 Onglyza Label, #9 Exhibit F - April 2016 Kombiglyze Label, #10 Exhibit G - 2017 FDA eCTD Information, #11 Exhibit H - October 2017 Production Letter, #12 Exhibit I - January 2018 Production Letter, #13 Exhibit J - RFPs to AstraZeneca, #14 Exhibit K - RFPs to BMS, #15 Exhibit L - June 2019 CMC Transcript, #16 Exhibit M - June 30 Email from Defs, #17 Exhibit N - July 2019 Production Letter, #18 Exhibit O - July 30 Letter from Pls, #19 Exhibit P - August 19 Letter from Defs)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
MEMBER CASE OPENED: Shannon v. Bristol-Myers Squibb Company, Inc. et al directly opened in Kentucky Eastern District as 5:19-cv-00398-KKC pursuant to #174 Order. (TDA) |
Filing 362 TRANSCRIPT REQUEST by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation for proceedings held on 12/18/2018 before Judge Hon. Karen K. Caldwell.. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
Filing 361 TRANSCRIPT REQUEST by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation for proceedings held on 4/25/2019 before Judge Hon. Karen K. Caldwell.. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
MEMBER CASE OPENED: Carvin v. Bristol-Myers Squibb Company, Inc. et al directly opened in Kentucky Eastern District as 5:19-cv-00393-KKC pursuant to #174 Order. cc: COR, JPMDL (CBD) |
Filing 360 ORDER: Defendants file response to Plaintiffs' Motion to Compel (349 in 5:18-md-2809) by 9/27/2019; Plaintiffs may file reply by 9/30/2019. MOTION HEARING set for 10/2/2019 at 10:00 a.m. in Lexington before Magistrate Judge Stinnett. Signed by Magistrate Judge Matthew A. Stinnett on 9/20/2019.Associated Cases: 5:18-md-02809-KKC-MAS et al.(STC)cc: COR,D |
Filing 359 ORDER: In accordance with the stipulation (345 in 5:18-md-02809-KKC-MAS, 85 in 5:18-cv-00235-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 9/19/2019.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00235-KKC(CBD)cc: COR, JPML, SKV |
Filing 358 MOTION to Withdraw as Attorney by Jacqueline Young (Attachments: #1 Proposed Order Proposed Order on Notice of Withdrawal of Counsel)Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00328-KKC(Burge, Frank) |
Filing 357 MOTION to Withdraw as Attorney by William E. Williams (Attachments: #1 Proposed Order Proposed Order on Notice of Withdrawal of Counsel)Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00326-KKC(Burge, Frank) |
Filing 356 MOTION to Withdraw as Attorney by John Howard, Jr (Attachments: #1 Proposed Order Proposed Order on Notice of Withdrawal of Counsel)Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00325-KKC(Burge, Frank) |
Filing 355 MOTION to Withdraw as Attorney by Minnie Banks(on behalf of all wrongful death beneficiaries and as personal representative of the estate of the), Minnie Banks(Individually) (Attachments: #1 Proposed Order Proposed Order on Notice of Withdrawal of Counsel)Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00304-KKC(Burge, F.) |
Filing 354 MOTION to Withdraw as Attorney by Billy Alexander (Attachments: #1 Proposed Order Proposed Order on Notice of Withdrawal of Counsel)Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00307-KKC(Burge, F.) |
Filing 353 ORDER: Plaintiffs have moved (DE 180 in 5:18-md-02809-KKC-MAS) the Court to enter a case management order that would establish procedures to pay plaintiffs counsel fees and reimburse them for their costs. In response (344 in 5:18-md-02809-KKC-MAS) to the Courts concerns regarding prior versions of the proposed order, the plaintiffs have submitted several revised proposed orders. As the Court discussed at the most recent status conference, the Court still has concerns about the most recent proposed order (DE 344-1). Specifically, the Court is concerned about ambiguities and inconsistencies in the provisions that would govern the two funds. (see Order) The Court hereby ORDERS that, within 21 days of the entry date of this order, plaintiffs MUST FILE an amended proposed order with all exhibits that addresses the issues raised in this order. Signed by Judge Karen K. Caldwell on 9/19/2019.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 352 ORDER: In accordance with the stipulation (111 in 5:18-cv-00137-KKC, 346 in 5:18-md-02809-KKC-MAS) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket.. Signed by Judge Karen K. Caldwell on 9/19/2019.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00137-KKC(CBD)cc: COR, JPML, SKV |
Filing 351 ORDER: In accordance with the stipulation (23 in 5:19-cv-00135-KKC, 343 in 5:18-md-02809-KKC-MAS) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket.. Signed by Judge Karen K. Caldwell on 9/19/2019.Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00135-KKC(CBD)cc: COR, JPML, SKV |
Filing 350 STIPULATION of Dismissal Without Prejudice by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00219-KKC(Browning, Carol) Modified event on 9/30/2019 (CBD). |
Filing 349 MOTION to Compel to produce complete responses to the discovery that was propounded by Plaintiffs on May 15, 2019 by Carolyn Williams Motions referred to Matthew A. Stinnett. (Attachments: #1 Exhibit A - Defendants letter dated 5/31/2019, #2 Exhibit B - Defendants Response to Plaintiffs Request for Production of Doc.s, #3 Exhibit C - Objections and Responses to Pltf's Request for Production of Documents, #4 Exhibit D - Letter from Defendants dated 7/24/2019, #5 Exhibit E - Letter from Plaintiffs counsel dated 9/16/2019, #6 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text on 9/19/2019 (CBD). |
NOTICE OF DOCKET MODIFICATION TO Timothy Clark re Motion to Compel (349 in 5:18-md-02809-KKC-MAS, et al). ***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 by counsel. cc: COR Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Filing 348 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 9/17/2019 before Judge Karen K. Caldwell: 1. If the parties are unable to reach an agreement as to discovery requests by the weeks end, plaintiff SHALL file as soon as possible any Motion to Compel Discovery. 2. The Quarterly Status Telephone Conference remains SCHEDULED for Tuesday, December 17, 2019 at 3:00 p.m. (see Order for directives) 3. The Plaintiffs SHALL file a revised proposed order with exhibits for the Motion for Entry of Case Management Order Establishing Standards and Procedures for Counsel Seeking Reimbursement for Common Benefit Fees and Costs (DE 180). The revised proposed order should address the inconsistencies in the most recent proposed order regarding the proposed expense fund and fee fund, which the Court addressed on the record. (Tape #KYED-LEX__5-18-MD-2809-KKC-MAS_20190917_144954.) Associated Cases: 5:18-md-02809-KKC-MAS et al. (CBD)cc: COR |
Filing 347 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re Proposed Agreed Orders of dismissal without Prejudice (85 in 5:18-cv-00235-KKC, 345 in 5:18-md-02809-KKC-MAS), (346 in 5:18-md-02809-KKC-MAS, 111 in 5:18-cv-00137-KKC) by Randall McCall Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00137-KKC, 5:18-cv-00235-KKC(CBD) |
Filing 346 Proposed Agreed Order/Stipulation of dismissal without Prejudice by Randall McCall. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00137-KKC(Kassan, Randi) Modified text on 9/13/2019 (CBD). |
Filing 345 Proposed Agreed Order/Stipulation of dismissal without Prejudice by Teresa Booth (5:18-cv-235 - as Personal Representative of the ), Teresa Booth (5:18-cv-235 - Individually ). Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00235-KKC(Kassan, Randi) Modified text on 9/13/2019 (CBD). |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwelll for review: #344 RESPONSE to #340 Order. (5:18-md-2809, et al) (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: Proposed Agreed Order/Stipulation without prejudice (23 in 5:19-cv-00135-KKC, 343 in 5:18-md-02809-KKC-MAS) Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00135-KKC(CBD) |
Filing 344 RESPONSE to (340 in 5:18-md-02809-KKC-MAS) THE COURTS AUGUST 14, 2019 ORDER REGARDING PLAINTIFFS PROPOSED COMMON BENEFIT ORDER filed by Wilda Chamberlain. (Attachments: #1 Proposed Order, #2 Exhibit A - Participation Agreement, #3 Exhibit B - Monthly Expense, #4 Exhibit C - Monthly Time)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) |
Filing 343 STIPULATION of Dismissal without prejudice by Harlon Gholar. Associated Cases: 5:18-md-02809-KKC-MAS, 5:19-cv-00135-KKC(Harris, Laurel) Modified on 9/6/2019 (CBD). |
Filing 342 MOTION for Order to Show Cause by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., McKesson Corporation for Failure to Submit Plaintiff Profile Form (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00061-KKC(Browning, Carol) |
MEMBER CASE OPENED: Elk v. Bristol-Myers Squibb Company, Inc. et al directly opened in Kentucky Eastern District as 5:19-cv-00350-KKC pursuant to #174 Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Cody Ryan v. Bristol-Myers Squibb Company, Inc. et al directly opened in Kentucky Eastern District as 5:19-cv-343-KKC pursuant to #174 STIPULATED ORDER REGARDING DIRECT FILING cc: COR, JPMDL (CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: Joint Status Report(341 in 5:18-md-02809-KKC-MAS) as to all Cases. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Filing 341 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
Filing 340 ORDER: Plaintiffs have moved (180 in 5:18-md-02809-KKC-MAS) the Court to enter a case management order that would establish procedures to pay plaintiffs counsel fees and reimburse them for their costs. Plaintiffs have responded with an amended proposed order and amended Participation Agreement and written responses to the Courts questions (283 in 5:18-md-02809-KKC-MAS) The Court still has concerns regarding the proposed order, which are set forth below. The Court hereby ORDERS that, within 21 days of the entry date of this order, plaintiffs MUST FILE either 1) an amended proposed order that addresses the issues raised in this order; 2) a written response to the questions raised in this order; or 3) both. Signed by Judge Karen K. Caldwell on 8/14/2019.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR |
Filing 339 DISMISSAL WITHOUT PREJUDICE: plaintiffs claims against AstraZeneca LP are dismissed without prejudice (318 in 5:18-md-02809-KKC-MAS, 81 in 5:18-cv-00341-KKC), and AstraZeneca LP is DISMISSED as a party to this individual action. Signed by Judge Karen K. Caldwell on 8/14/2019. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00341-KKC(CBD)cc: COR, JPML, SKV Modified text on 8/14/2019 (CBD). |
Filing 338 DISMISSAL WITHOUT PREJUDICE: the plaintiffs claims against AstraZeneca LP are dismissed without prejudice (319 in 5:18-md-02809-KKC-MAS, 81 in 5:18-cv-00342-KKC), and AstraZeneca LP is DISMISSED as a party to this individual action. Signed by Judge Karen K. Caldwell on 8/14/2019. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00342-KKC(CBD)cc: COR, JPML, SKV Modified text on 8/14/2019 (CBD). |
Filing 337 DISMISSAL WITHOUT PREJUDICE: the plaintiffs claims against AstraZeneca LP are dismissed without prejudice (320 in 5:18-md-02809-KKC-MAS, 82 in 5:18-cv-00337-KKC), and AstraZeneca LP is DISMISSED as a party to this individual action. Signed by Judge Karen K. Caldwell on 8/14/2019. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00337-KKC(CBD)cc: COR, JPML, SKV Modified text on 8/14/2019 (CBD). |
Filing 336 DISMISSAL WITHOUT PREJUDICE: this matter is DISMISSED (329 in 5:18-md-02809-KKC-MAS, 86 in 5:18-cv-0068-KKC) without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 8/14/2019. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00068-KKC(CBD)cc: COR, JPML, SKV |
Filing 335 DISMISSAL WITHOUT PREJUDICE: this matter is DISMISSED (331 in 5:18-md-02809-KKC-MAS, 107 in 5:18-cv-00109-KKC) without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 8/14/2019. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00109-KKC(CBD)cc: COR, JPML, SKV |
Filing 334 DISMISSAL WITHOUT PREJUDICE: this matter is DISMISSED (332 in 5:18-md-02809-KKC-MAS, 81 in 5:18-cv-00249-KKC) without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 8/14/2019. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00249-KKC(CBD)cc: COR, JPML, SKV |
Filing 333 DISMISSAL WITHOUT PREJUDICE: this matter is DISMISSED (330 in 5:18-md-02809-KKC-MAS, 86 in 5:18-cv-00236-KKC) without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 8/14/2019.Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00236-KKC(CBD)cc: COR, JPML, SKV |
Party Jay Gintz (5:18-cv-236), Catina Loggan (5:18-cv-249), Harvey Beeler (5:18-cv-109) and Rosa Davila (5:18-cv-68) terminated. (CBD) Modified text on 8/14/2019 (CBD). |
NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re Orders 339, 337 and 338 in 5:18-md-02809-KKC-MAS. ***Error: Incorrect text was entered; Entries by clerk; Correction: Text corrected to reflect that plaintiffs claims against AstraZeneca LP only were dismissed. Individual member cases 5:18-cv-337, 5:18-cv-341 and 5:18-cv-342 were re-opened. No further action required cc: COR, JPML, SKV Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00337-KKC, 5:18-cv-00341-KKC, 5:18-cv-00342-KKC(CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re Proposed Agreed Orders of Dismissal without Prejudice by Rosa Davila #329 , Jay Gintz #330 , as to Harvey Beeler #331 , as to Catina Loggan #332 . Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00068-KKC, 5:18-cv-00109-KKC, 5:18-cv-00236-KKC, 5:18-cv-00249-KKC(CBD) |
Filing 332 Proposed Agreed Order/Stipulation Without Prejudice by Catina Loggan. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00249-KKC(Kassan, Randi) |
Filing 331 Proposed Agreed Order/Stipulation Without Prejudice by Harvey Beeler. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00109-KKC(Kassan, Randi) |
Filing 330 Proposed Agreed Order/Stipulation Without Prejudice by Jay Gintz. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00236-KKC(Kassan, Randi) |
Filing 329 Proposed Agreed Order/Stipulation without Prejudice by Rosa Davila. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00068-KKC(Kassan, Randi) |
Filing 328 ORDER: In a prior order (DE 309 in 5:18-2809), the Court ORDERED certain plaintiffs, including all the plaintiffs referenced above, to show cause why their cases should not be dismissed with prejudice for failing to submit Plaintiff Profile Forms. None of the above-referenced plaintiffs has shown cause why his or her case should not be dismissed. Accordingly, the Court hereby ORDERS that the above- referenced cases are DISMISSED with prejudice. Signed by Judge Karen K. Caldwell on 8/1/2019. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-83-KKC, 5:18-84-KKC, 5:18-102-KKC, 5:18-113-KKC, 5:18-135-KKC, 5:18-386-KKC, 5:18-450-KKC, 5:18-635-KKC.(CBD)cc: COR, JPML, SKV |
Set/Reset Deadlines: Fact Discovery due by 11/8/2019. Daubert Motions due by 3/19/2020, responses to those motion due 4/16/2020 and replies due by 4/30/2020. (CBD) |
Filing 327 CASE MANAGEMENT ORDER NO. 4 - REVISED GENERAL CAUSATION DISCOVERY DEADLINES AND REFERRAL OF DISCOVERY DISPUTES TO MAGISTRATE JUDGE: The parties have submitted proposed extensions (DE 324-2, 325-1 in 5:18-md-2809) of the deadlines for discovery pertaining to general causation established by Case Management Order No. 3 (DE 206 in 5:18-md-2809). The Court hereby ORDERS that the General Causation Discovery Deadlines set forth beginning on page 4 of Case Management Order No. 3 are REVISED as follows: 1) Fact discovery relating to the issue of general causation must conclude by November 8, 2019; 2) Plaintiffs must serve expert reports relating to the issue of general causation by November 26, 2019; 3) Defendants must serve expert reports relating to the issue of general causation by December 17, 2019; 4) Plaintiffs must serve rebuttal expert reports by January 17, 2020; 5) Depositions of expert witnesses on the issue of general causation must be completed by February 28, 2020; 6) Any Daubert motions challenging expert witness testimony on the issue of general causation must be filed by March 19, 2020. Any responses to such motions must be filed by April 16, 2020. Any replies must be filed by April 30, 2020. 7) Hearings on any Daubert motions currently scheduled for January 21- 23, 2020 are RESCHEDULED to take place the week of June 15, 2020. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. 636(b)(1)(A), this matter is REFERRED to Magistrate Judge Matthew Stinnett for purposes of resolving all discovery disputes. Signed by Judge Karen K. Caldwell on 7/30/2019. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR, Lex D. |
MOTIONS REFERRED per ORDER #313 : #325 PLAINTIFFS' MOTION to Amend/Correct by David Taylor Scheduling Order Regarding General Causation Discovery, #324 DEFENDANTS' MOTION to Amend/Correct Scheduling Order Regarding General Causation Discovery. Motions referred to Matthew A. Stinnett. (CBD) |
NOTICE OF DOCKET MODIFICATION TO Carol Browning re Supplement/Motion for Extension (324 in 5:18-md-02809-KKC-MAS). Error: This pleading is both a Supplement to a Joint Status Report and requests a Motion for Extension re General Causation Phase of Discovery and incorrectly docketed only as a Joint Status Report; Entry by attorney; Clerk re-defined the event to appear on the Judge's motion report and modified the text to reflect both items. No further action required by counsel cc: COR Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Stinnett for review: re #325 PLAINTIFFS' MOTION to Amend/Correct by David Taylor Scheduling Order Regarding General Causation Discovery, #324 DEFENDANTS' MOTION to Amend/Correct Scheduling Order Regarding General Causation Discovery Phase (CBD) |
MEMBER CASE OPENED: Phillips v. Bristol-Myers Squibb Company, Inc. et al was directly opened in Kentucky Eastern District as 5:19-cv-00302-KKC pursuant to #174 Order re Direct Filing. cc: COR, JPMDL (CBD) |
Re-Set Hearing(s): DAUBERT MOTIONS HEARING set for 6/15/2020 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell. DAUBERT MOTIONS HEARING set for 6/16/2020 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell. DAUBERT MOTIONS HEARING set for 6/17/2020 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell. DAUBERT MOTIONS HEARING set for 6/18/2020 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell. DAUBERT MOTIONS HEARING set for 6/19/2020 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell. (CBD) |
Filing 326 ORDER re (309 in 5:18-md-02809-KKC-MAS, 75 in 5:18-cv-00317-KKC, 75 in 5:18-cv-00310-KKC, 78 in 5:18-cv-00313-KKC, 76 in 5:18-cv-00265-KKC, 77 in 5:18-cv-00299-KKC): the show cause order entered at DE 309 in Master File No. 5:18-md-2809-KKC is VACATED as to the actions referenced above. Signed by Judge Karen K. Caldwell on 7/29/2019. Associated Cases: 5:18-md-02809-KKC-MAS et al. (TDA) cc: COR |
Filing 325 PLAINTIFFS SUPPLEMENT TO JOINT STATUS REPORT (DE 321 in 5:18-md-2809) AND REQUEST/MOTION FOR AN AMENDED SCHEDULING ORDER REGARDING GENERAL CAUSATION DISCOVERY by Plaintiffs (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) Modified text on 7/30/2019 (CBD). |
Filing 324 DEFENDANTS SUPPLEMENT TO THE JOINT STATUS REPORT filed 7/15/2019 filed at DE (321) in 5:18-md-2809 AND MOTION FOR EXTENSION RE GENERAL CAUSATION PHASE OF DISCOVERY (Defendants' Supplement ) by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. (Attachments: #1 Exhibit A - 07.24.2019 Discovery Letter, #2 Exhibit B - Proposed Revised Discovery CMO (July 2019))Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) Modified text/re-defined on 7/30/2019 (CBD). |
NOTICE OF DOCKET MODIFICATION TO Daniel Burke Response to Order to Show Cause (323 in 5:18-md-02809-KKC-MAS). ***Error: Document was incorrectly filed as to all member cases. Pursuant to the courts Practice & Procedure Order (Entry #3 in 5:18-md-2809) attorney should have filed the document identified above in the master case and spread text only to those member cases identified in the caption of the document those being 5:18-cv- 386, 5:18-cv-450 and 5:18-cv-635; Entry by Attorney; Correction: Clerk has marked the entry as "incorrectly filed" for all other member cases not identified in the caption of this pleading case. No further action required by counsel as to this error cc: COR Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
Filing 323 RESPONSE TO ORDER THAT PLAINTIFFS SHOW CAUSE WHY THEIR CASES SHOULD NOT BE DISMISSED WITH PREJUDICE by Mark Davis, Sr, Cyndy McCugh, Kathy Abshire (309 in 5:18-md-02809-KKC-MAS, 309 in 5:18-md-02809-KKC-MAS) filed by Mark Davis, Sr, Cyndy McCugh, Kathy Abshire. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-386, 5:18-cv-450, 5:18-cv-635.(Burke, Daniel) Modified text on 7/25/2019 (CBD). |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: Notice of Withdrawal of Counsel ( 322 in 5:18-md-02809-KKC-MAS, 124 in 5:18-cv-00150-KKC). Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00150-KKC(CBD) |
Filing 322 NOTICE Withdrawal of CounselDarrel J. Papillion and Renee C. Crasto, of Walters, Papillion on behalf of Plaitiffs Gregory Ross, Natalie Ross . Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00150-KKC(Crasto, Renee) Modified text on 7/24/2019 (CBD). |
MEMBER CASE OPENED: Wilkins v. Bristol-Myers Squibb Company et al opened as a Direct Filed Case in Kentucky Eastern District as 5:19-cv-287-KKC pursuant to #174 Stipulated Order re Direct Filing. cc: COR, JPMDL (TDA) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #321 Joint Status Report (CBD) |
Filing 321 JOINT STATUS REPORT by Plaintiffs, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 7/18/2019 (CBD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: Proposed Agreed Stipulations of Dismissal Without Prejudice ( #318 in 5:18-md-02809-KKC-MAS, #319 in 5:18-md-02809-KKC-MAS, #320 in 5:18-md-02809-KKC-MAS). Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00337-KKC, 5:18-cv-00341- KKC, 5:18-cv-00342-KKC(CBD) |
Filing 320 STIPULATION of Dismissal Without Prejudice by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Bristol-Myers Squibb Company, Inc.. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00337-KKC(Browning, Carol) Modified on 7/10/2019 (CBD). |
Filing 319 STIPULATION of Dismissal Without Prejudice by AstraZeneca Pharmaceuticals LP. (Browning, Carol)Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00342-KKC. Modified on 7/10/2019 (CBD). |
Filing 318 STIPULATION of Dismissal Without Prejudice by AstraZeneca Pharmaceuticals LP, AstraZeneca LP. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00341-KKC(Browning, Carol) Modified on 7/10/2019 (CBD). |
Filing 317 TRANSCRIPT of Proceedings: TELEPHONIC STATUS CONFERENCE held on 6/25/2019 before Judge Caldwell. Court Reporter: Linda Mullen, Telephone number (859) 469-7459. Transcript ordered by: CAROL DAN BROWNING. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 8/2/2019. Redacted Transcript Deadline set for 8/12/2019. Release of Transcript Restriction set for 10/10/2019. |
MEMBER CASE OPENED: Wilson v. Bristol-Myers Squibb Company, et al directly Opened in Kentucky Eastern District as 5:19-cv-272 pursuant to #1 Conditional Transfer Order #174 cc: COR, JPMDL (CBD) |
Clerk's Note: Transcript Request #316 forwarded to Court Reporter this date. (CBD) |
Filing 316 TRANSCRIPT REQUEST re TELEPHONE CONFERENCE held 6/25/2019 (filed as DE #313 in 5:18-md-2809) by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation for proceedings held on 06/25/2019 before Judge Hon. Karen K. Caldwell.. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) Modified text on 7/5/2019 (CBD). |
NOTICE OF DOCKET MODIFICATION TO Frank Petosa re (66 in 5:18-cv-00496-KKC) Notice of Dismissal of Party. Error: Attorney filed the document in the individual member case file only. Pursuant to the Court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) 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 re- filed the document in the master and member case files. No further action required by counsel as to this error. cc: COR Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00496-KKC(CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: (315 in 5:18-md-02809-KKC-MAS, 67 in 5:18-cv-00496-KKC) Notice of Voluntary Dismissal Party IPR Pharmaceuticals. Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00496-KKC(CBD) |
Filing 315 NOTICE of Voluntary Dismissal Party IPR Pharmaceuticals by Rhudenia Williams, Wiley Williams, Jr Filed per QC re DE #66 in 5:18-md-2809 Associated Cases: 5:18-md-02809-KKC-MAS, 5:18-cv-00496-KKC(CBD) |
Filing 313 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 6/25/2019 before Judge Karen K. Caldwell: The parties advised the Court of issues relating to discovery and the need to amend the discovery plan. The Court hereby ORDERS as follows: 1. The parties shall submit a proposed revised schedule to the Court's Chambers by e-mail. If the parties are unable to agree, they may request another telephone conference. 2. The Court REFERS this matter to United States Magistrate Judge Matthew A. Stinnett to assist in discovery related issues. (Court Reporter Linda Mullen.) Associated Cases: 5:18-md-02809-KKC-MAS et al. (CBD)cc: COR |
Filing 312 ORDER: Derrick Speights motion 134 in 5:18-cv-00148-KKC, 269 in 5:18-md-02809-KKC) to substitute him as the named plaintiff in this action (DE 269) is DENIED. Derrick Speights may reassert the motion to substitute with evidence that he has been appointed to represent Lester Speights estate. Signed by Judge Karen K. Caldwell on 6/25/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00148-KKC(CBD)cc: COR |
***Reopen Document #180 MOTION for Entry by David Taylor of Case Management Order Establishing Standards & Procedures for Counsel Seeking Reimbursement for Common Benefit Fees & Costs (CBD) |
Filing 311 ORDER: the show cause order entered at DE 309 in Master File No. 5:18-md-2809-KKC is VACATED as to the actions referenced above.. Signed by Judge Karen K. Caldwell on 6/24/2019.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR |
Filing 310 ORDER: the request (280 in 5:18-md-02809-KKC) is DENIED. Pursuant to the Court's January 9, 2019 Case Management Order, the Court will enter a show cause order that will grant the plaintiffs 30 days to show cause why their cases should not be dismissed with prejudice. As also provided in the order, if any of the plaintiffs are unable to show cause, the Court will dismiss his or her case with prejudice. Signed by Judge Karen K. Caldwell on 6/24/2109.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00386-KKC, 5:18-cv-00450-KKC, 5:18-cv-00635-KKC(CBD)cc: COR |
Filing 309 ORDER: Defendants' Motion to Show Cause (247 in 5:18-md-02809) is GRANTED. The Court further hereby ORDERS as follows: Within thirty (30) days of this Order, each plaintiff in the above-captioned actions shall file a response showing cause why his or her case should not be dismissed with prejudice. If the plaintiff files such a response, defendants may file a reply within fourteen (14) days of the date the response is filed. If a plaintiff fails to show cause why the case should not be dismissed with prejudice, the Court will dismiss the case with prejudice. Signed by Judge Karen K. Caldwell on 6/24/2019.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR |
Filing 308 ORDER: the notices (DE 267, 268, 271, 272, 274, 275, 276, 277, 278 in Master File No. 5:18-md-2809-KKC) are ineffective. To the extent that the notices should be construed as motions to withdraw, they are DENIED. If counsel wishes to withdraw as counsel of record in this or any other case in this MDL, they SHALL comply with Local Rule 83.6. The Court further ORDERS that, to the extent that Frank Burge, Sr.s withdrawal (DE 279, in Master File No. 5:18-md-2809-KKC) of his notice of withdrawal in Howard v. Bristol-Myers Squibb Company, et al., Individual Case No. 5:18-325 should be construed as a motion to withdraw the notice, it is DENIED as moot.. Signed by Judge Karen K. Caldwell on 6/24/2019.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR |
Filing 307 ORDER: In accordance with the stipulation (298 in 5:18-md-02809-KKC, 72 in 5:18-cv-00317-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudiced and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 6/21/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00317-KKC(CBD)cc: COR, JPML |
Filing 306 ORDER: In accordance with the stipulation (72 in 5:18-cv-00310-KKC, 297 in 5:18-md-02809-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudiced and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 6/21/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00310-KKC(CBD)cc: COR, JOML |
Filing 305 ORDER: In accordance with the stipulation (76 in 5:18-cv-00313-KKC, 296 in 5:18-md-02809-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudiced and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 6/21/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00313-KKC(CBD)cc: COR, JPML |
Filing 304 ORDER: In accordance with the stipulation (75 in 5:18-cv-00299-KKC, 295 in 5:18-md-02809-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudiced and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 6/21/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00299-KKC(CBD)cc: COR, JPML |
Filing 303 ORDER : In accordance with the stipulation (74 in 5:18-cv-00265-KKC, 294 in 5:18-md-02809-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 6/21/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00265-KKC(CBD)cc: COR, JPML |
Filing 302 ORDER: In accordance with the stipulation (293 in 5:18-md-02809-KKC, 15 in 5:19-cv-00132-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 6/21/2019.Associated Cases: 5:18-md-02809-KKC, 5:19-cv-00132-KKC(CBD)cc: COR, JPML |
Filing 301 ORDER : In accordance with the stipulation (266 in 5:18-md-02809-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 6/21/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00071-KKC(CBD)cc: COR, JPML |
Filing 300 ORDER: In accordance with the stipulation (265 in 5:18-md-02809-KKC, 109 in 5:18-cv-00060-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudiced and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 6/21/2109.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00060-KKC(CBD)cc: COR |
Filing 299 ORDER: Grimes' motion (70 in 5:18-cv-00167-KKC, 286 in 5:18-md-02809-KKC) to substitute her as the named plaintiff in this action is DENIED. Grimes may reassert the motion to substitute, addressing the two issues raised by the Court in this order. Signed by Judge Karen K. Caldwell on 6/21/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00167-KKC(CBD)cc: COR |
MEMBER CASE OPENED: Branham v. Bristol-Myers Squibb Company, Inc. et al Directly Opened in Kentucky Eastern District as 5:19-cv-00252-KKC pursuant to #174 Direct File Order cc: COR, JPMDL (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re Proposed Agreed Orders/Stipulations of Dismissal #298 , #296 , #295 , #297 , #294 , #293 (CBD) |
Filing 298 Proposed Agreed Order/Stipulation of Dismissal by Mary Smith. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00317-KKC(Harris, Laurel) Modified text on 6/20/2019 (CBD). |
Filing 297 Proposed Agreed Order/Stipulation of Dismissal by James Mann. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00310-KKC(Harris, Laurel) Modified text on 6/20/2019 (CBD). |
Filing 296 Proposed Agreed Order/Stipulation of Dismissal by Charles King. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00313-KKC(Harris, Laurel) Modified text on 6/20/2019 (CBD). |
Filing 295 Proposed Agreed Order/Stipulation of Dismissal by Addie Huff. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00299-KKC(Harris, Laurel) Modified text on 6/20/2019 (CBD). |
Filing 294 Proposed Agreed Order/Stipulation of Dismissal by Deanna Fouse. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00265-KKC(Harris, Laurel) Modified text on 6/20/2019 (CBD). |
Filing 293 Proposed Agreed Order/Stipulation of Dismissal by James Alston. Associated Cases: 5:18-md-02809-KKC, 5:19-cv-00132-KKC(Harris, Laurel) Modified text on 6/20/2019 (CBD). |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: Status Report (290 in 5:18-md-02809-KKC). Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
NOTICE OF DOCKET MODIFICATION TO Jenneifer Moore re Status Report (290 in 5:18-md-02809-KKC - ALL Cases). 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 by counsel. cc: COR Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
NOTICE OF DOCKET MODIFICATION TO Timothy Clark re Response to Order to Show Cause (291 in 5:18-md-02809-KKC). Error: Attorney filed the document in the master case only. Pursuant to the Court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) 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 re-filed the document in the master and member case files. No further action required by counsel as to this error. cc: COR Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
Filing 292 RESPONSE TO ORDER TO SHOW CAUSE #208 by Plaintiffs. Associated Cases: 5:18-md-02809-KKC et al. Filed per QC re DE 291 in 5:18-md-2809.(CBD) |
Filing 291 INCORRECTLY FILED - RESPONSE TO ORDER TO SHOW CAUSE by Carolyn Williams #208 filed by Carolyn Williams. (Clark, Timothy)See DE (292 in 5:18-md-2809) for CORRECTED entry of this pleading. Modified on 6/18/2019 (CBD). |
Filing 290 STATUS REPORT by David Taylor, Leatha Taylor. (Attachments: #1 Exhibit A - Request for Production, #2 Exhibit B - Defendants' Initial Letter, #3 Exhibit C - Responses to Request for Production)Associated Cases: 5:18-md-02809-KKC et al.(Moore, Jennifer) Modified text on 6/18/2019 (CBD). |
Filing 289 ORDER RESCHEDULING JUNE 2019 STATUS CONFERENCE: the quarterly TELEPHONE STATUS CONFERENCE currently scheduled for 6/18/2019 is RESCHEDULED to take place on 6/25/2019 at 01:00 PM. Signed by Judge Karen K. Caldwell on 6/12/2019.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR, Lex D |
Set/Reset Hearings: TELEPHONE CONFERENCE set for 6/25/2019 at 01:00 PM in LEXINGTON before Judge Karen K. Caldwell. (CBD) |
Filing 288 ORDER: In accordance with the stipulation (71 in 5:18-cv-00272-KKC, 285 in 5:18-md-02809-KKC) this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 6/7/2019. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00272-KKC (TDA) cc: COR, JPML |
Filing 287 ORDER: In accordance with the stipulation (68 in 5:18-cv-00071-KKC, 180 in 5:18-md-02809-KKC) filed by the parties, the Court hereby ORDEHS that this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 6/7/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00071-KKC(CBD)cc: COR, JPML |
MEMBER CASE OPENED: Samuels v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-232 KKC pursuant to Order #174 . cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Perry v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-231 pursuant to Order #174 . cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Abernathy v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-00230-KKC pursuant to Order #174 . cc: COR, JPMDL (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: Motion (280 in 5:18-md-2809) for Extension of Time to Respond to (247 in 5:18-md-02809-KKC) AMENDED MOTION for Order. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00386-KKC, 5:18-cv-00450-KKC, 5:18-cv-00635-KKC(CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: MOTION to Substitute Party by Harry Grimes (286 in 5:18-md-02809-KKC, 70 in 5:18-cv-00167-KKC). Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00167-KKC(CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: Response filed as to #246 Order and re #180 MOTION for Entry by David Taylor of Case Management Order Establishing Standards & Procedures for Counsel Seeking Reimbursement for Common Benefit Fees & Costs (CBD) |
Filing 286 MOTION to Substitute Party Linda Grimes for Harry Grimes, deceased. (Attachments: #1 Proposed Order, #2 Exhibit Letters of Administration, #3 Exhibit Death Certificate)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00167-KKC(Carr, Daniel) Modified text on 5/30/2019 (CBD). |
MEMBER CASE OPENED: Robinson v. Bristol-Myers Squibb Company, Inc. et al opened as a Direct Filed Case in Kentucky Eastern District as 5:19-cv-227-KKC pursuant to #174 Stipulated Order re Direct Filing. (TDA) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: Proposed Agreed Order/Stipulation of Dismissal without Prejudice re (71 in 5:18-cv-00272-KKC, 285 in 5:18-md-02809-KKC) by Sabir Hasan, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Sabir Hasan, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00272-KKC(CBD) |
MEMBER CASE OPENED: Newton v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-223 KKC pursuant to #174 Order cc: COR, JPMDL (CBD) |
Filing 285 Proposed Agreed Order/Stipulation of Dismissal without Prejudice by Sabir Hasan, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Filed per QC re DE 70 in 5:18-cv-272 Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00272-KKC(CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: Response to Order to Show Cause (284 in 5:18-md-02809-KKC, 93 in 5:18-cv-00134-KKC) Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00134-KKC(CBD) |
Filing 284 RESPONSE TO ORDER TO SHOW CAUSE by William Dinger Sr. (88 in 5:18-cv-00134-KKC, 247 in 5:18-md-02809-KKC) filed by William Dinger Sr.. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00134-KKC(Kassan, Randi) |
MEMBER CASE OPENED: Mann v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-219 pursuant to #174 Order 1 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: McGhghy v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-221 pursuant to #174 Order cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Parker v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-00218-KKC pursuant to #174 Order cc: COR, JPMDL (CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #282 Joint Status Report (CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: (283 in 5:18-md-02809-KKC) RESPONSE to Court's Order #246. Associated Cases: 5:18-md-02809-KKC et al.(TDA) |
Filing 283 RESPONSE to (246 in 5:18-md-02809-KKC) filed by David Taylor, Leatha Taylor. (Attachments: #1 Exhibit 1- Plaintiffs' Amended Proposed Case Management Order Establishing Standards and Procedures for Counsel Seeking Reimbursement for Common Benefit Fees and Costs, #2 Exhibit 2- Common Benefit Participation Agreement)Associated Cases: 5:18-md-02809-KKC et al.(Moore, Jennifer) |
Filing 282 JOINT STATUS REPORT by Plaintiffs and AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC et al. REFILED pursuant to QC re DE #281 in Master Case(TDA) |
Filing 279 MOTION to Withdraw Motion (filed as #271 in 5:18-md-2809 and as 67 in 5:18-cv-325) by John Howard, Jr (Attachments: #1 Proposed Order Withdrawal of Notice of Withdrawal of Counsel) Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00325-KKC(Burge, F.) Modified on 5/9/2019 (CBD). Modified on 5/9/2019 (CBD). |
Filing 278 AMENDED MOTION to Withdraw as Attorney by John Howard, Jr (Attachments: #1 Proposed Order Notice of Withdrawal of Counsel)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00325-KKC(Burge, Frank)This entry corrects #271 in 5:18-md-2809 Modified on 5/9/2019 (CBD). |
Filing 277 MOTION to Withdraw as Attorney by Mary Smith (Attachments: #1 Proposed Order Proposed Order on Notice of Withdrawal of Counsel for Plaintiff)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00317-KKC(Burge, F.) |
Filing 276 MOTION to Withdraw as Attorney by James Mann (Attachments: #1 Proposed Order Proposed Order on Notice of Withdrawal of Counsel for Plaintiff)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00310-KKC(Burge, F.) |
Filing 275 MOTION to Withdraw as Attorney by Minnie Banks(on behalf of all wrongful death beneficiaries and as personal representative of the estate of the), Minnie Banks(Individually) (Attachments: #1 Proposed Order Proposed Order on Notice of Withdrawal of Counsel for Plaintiff)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00304-KKC(Burge, F.) |
Filing 274 MOTION to Withdraw as Attorney by Jacqueline Young (Attachments: #1 Proposed Order Proposed Order on Notice of Withdrawal of Counsel)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00328-KKC(Burge, Frank) |
Filing 273 MOTION to Withdraw as Attorney by William E. Williams (Attachments: #1 Proposed Order Proposed Order on Motion to Withdraw as Counsel)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00326-KKC(Burge, Frank) |
Filing 272 MOTION to Withdraw as Attorney by Billy Alexander (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00307-KKC(Burge, F.) Modified on 5/9/2019 (CBD). |
Filing 271 MOTION TO WITHDRAW AS COUNSEL by by John Howard, Jr (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00325-KKC(Burge, Frank) Modified on 5/9/2019 (CBD). This entry is CORRECTED at #278 in 5:18-md-2809. Modified on 5/9/2019 (CBD). |
MEMBER CASE OPENED: Tincher v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-00204-KKC pursuant to Order #174 cc: COR, JPMDL (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Caldwell for review: re #269 MOTION to Substitute Party Derrick Speights for Lester Speights, deceased filed on behalf of Lester Speights (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #274 MOTION to Withdraw as Attorney by Jacqueline Young , #268 MOTION to Withdraw as Attorney by John Howard, Jr, John Howard, Jr, #278 AMENDED MOTION to Withdraw as Attorney by John Howard, Jr , #267 MOTION to Withdraw as Attorney by Billy Alexander, Billy Alexander, #277 MOTION to Withdraw as Attorney by Mary Smith , #272 MOTION to Withdraw as Attorney, #271 MOTION to Withdraw as Attorney, #276 MOTION to Withdraw as Attorney by James Mann , #279 MOTION to Withdraw by John Howard, Jr , #275 MOTION to Withdraw as Attorney by Minnie Banks(on behalf of all wrongful death beneficiaries and as personal representative of the estate of the), Minnie Banks(Individually) , #273 MOTION to Withdraw as Attorney by William E. Williams (CBD) |
NOTICE OF DOCKET MODIFICATION TO Daniel Burke re (270 in 5:18-md-02809-KKC) Response to Order to Show Cause. ***Error: Attorney filed the document in the master case file only. Pursuant to the Court's Practice & Procedure Order (Entry #3 in 5:18- md-2809) 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 re-filed the document in the master and spread to the related member case files. No further action required by counsel as to this error. *** Error: This is a response AND a motion to extend time. The document was filed only as a response when the document should be filed as two separate entries; Entry by attorney; Clerk re-filed the document as a Response and Motion to Extend Time. In the future, when filing multiple documents within one filing, please refer to the ECF User Manual 'Filing Other Types of Documents' for the correct procedure. No further steps required by counsel cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00386-KKC, 5:18-cv-00450-KKC, 5:18-cv-00635-KKC(CBD) |
Filing 270 RESPONSE TO ORDER TO SHOW CAUSE by Kathy Abshire, Mark Davis, Sr, Cyndy McCugh #247 filed by Kathy Abshire, Mark Davis, Sr, Cyndy McCugh. (Attachments: #1 Proposed Order)(Burke, Daniel) |
Filing 269 MOTION to Substitute Party Derrick Speights for Lester Speights, deceased filed on behalf of Lester Speights (Attachments: #1 Proposed Order, #2 Death Certificate)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00148-KKC(CBD) Filed per QC re DE 133 in 5:18-cv-148 Modified text on 5/8/2019 (CBD). |
NOTICE OF DOCKET MODIFICATION TO Daniel Carr re (133 in 5:18-cv-00148-KKC) MOTION to Substitute Party. ***Error: Attorney filed the document in the individual member case file only. Pursuant to the Court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) 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 re- filed the document in the master and member case files]. No further action required by counsel as to this error. cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00148-KKC(CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Cadlwell for review: re (266 in 5:18-md-02809-KKC) Proposed Agreed Order/Stipulation of Dismissal of Case, (265 in 5:18-md-02809-KKC) Proposed Agreed Order/Stipulation of Dismissal. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00060-KKC, 5:18-cv-00071-KKC(CBD) |
Filing 267 MOTION to Withdraw as Attorney F. Tucker Burge, Sr. for Billy Alexander. Filed per QC re D.E. 67 in 5:18-cv-307 (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00307-KKC(CBD) |
Filing 266 STIPULATION of Dismissal off Case by Brown and Defendants. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00071-KKC(Browning, Carol) Modified text on 5/8/2019 (CBD). |
Filing 265 STIPULATION of Dismissal of Case by Carpenter and Defendants. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00060-KKC(Browning, Carol) Modified text on 5/8/2019 (CBD). |
NOTICE OF DEFICIENCY TO F. Tucker Burge Sr. re (67 in 5:18-cv-00307-KKC) MOTION. ***Error: Attorney filed the document in the individual member case file only. Pursuant to the Court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) 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 re- filed the document in the master and member case files. No further action required by counsel as to this error. NOTICE OF DEFICIENCY & DOCKET MODIFICATION to F. Tucker Burge Jr. and F. Tucker Burge Sr. re (66 in 5:18-cv-00325-KKC) MOTION. ***Error 1: Attorney filed the document in the individual member case file only. Pursuant to the Court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) 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 re- filed the document in the master and member case files. No further action required by counsel as to this error. ***Error 2: Signature on document F. Tucker Burge Jr. and ECF filer F. Tucker Burge Sr. do not match; Entry by attorney; the name of the Filing User under whose login and password the document is filed must be typed in the space where the signature would otherwise appear. No further action required by counsel. ***Error 3: attorney failed to submit a [proposed order] as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled Notice of Filing, file the Notice using the event Notice of Filing, attach the proposed order, and create a link to the related docket entry. cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00307-KKC, 5:18-cv-00325-KKC(CBD) |
Filing 268 MOTION to Withdraw as Attorney F. Tucker Burge, Jr. for John Howard, Jr. Filed per QC re DE 66 in 5:18-cv-325 Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00325-KKC(CBD) |
Filing 264 ORDER: In accordance with the stipulation filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 5/6/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00126-KKC(CBD)cc: COR, JPML |
Filing 263 ORDER: In accordance with the stipulation (75 in 5:18-cv-00136-KKC, 250 in 5:18-md-02809-KKC) this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 5/6/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00136-KKC(CBD)cc: COR, JPML |
Filing 262 ORDER: In accordance with the stipulation ( #107 in 5:18-cv-00069-KKC, #249 in 5:18-md-02809-KKC) this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 5/6/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00069-KKC(CBD)cc: COR, JPML |
Filing 261 ORDER: In accordance with the stipulation (68 in 5:18-cv-00309-KKC, 243 in 5:18-md-02809-KKC) this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 5/6/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00309-KKC(CBD)cc: COR, JPML |
Filing 260 ORDER: In accordance with the stipulation (242 in 5:18-md-02809-KKC, 65 in 5:18-cv-00324-KKC) this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 5/6/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00324-KKC(CBD)cc: COR, JPML. Modified on 5/6/2019 (CBD). |
Filing 259 ORDER: In accordance with the stipulation (241 in 5:18-md-02809-KKC, 64 in 5:18-cv-00340-KKC) this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 5/6/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00340-KKC(CBD)cc: COR, JPML. Modified on 5/6/2019 (CBD). |
Filing 258 ORDER: In accordance with the stipulation (65 in 5:18-cv-00267-KKC, 240 in 5:18-md-02809-KKC) this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 5/6/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00267-KKC(CBD)cc: COR, JPML. Modified on 5/6/2019 (CBD). |
Filing 257 ORDER: In accordance with the stipulation (65 in 5:18-cv-00319-KKC, 239 in 5:18-md-02809-KKC) this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 5/6/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00319-KKC(CBD)cc: COR, JPML. Modified on 5/6/2019 (CBD). |
Filing 256 ORDER : In accordance with the stipulation (252 in 5:18-md-02809-KKC, 66 in 5:18-cv-00390-KKC) this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 5/6/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00390-KKC(CBD)cc: COR, JPML. Modified on 5/6/2019 (CBD). |
Filing 255 ORDER: In accordance with the stipulation ( #238 in 5:18-md-02809-KKC, #64 in 5:18-cv-00262-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 5/6/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00262-KKC(CBD)cc: COR, JPML Clerk. Modified on 5/6/2019 (CBD). |
***FILE SUBMITTED TO CHAMBERS of Caldwell for review re FRCP 4M as to defendant IPR Pharmaceuticals, Inc. in Member Csaes (5:19-cv-00025-KKC and 5:19-cv-00026-KKC). Associated Cases: 5:18-md-02809-KKC, 5:19-cv-00025-KKC, 5:19-cv-00026-KKC(CBD) |
Filing 254 AFFIDAVIT of Service for Amended Motion for Issuance of Order to Show Cause served on William Dinger on 04/10/2019, filed by William Dinger Sr.. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00134-KKC(Kassan, Randi) |
MEMBER CASE OPENED: Barnett v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-00194-KKC pursuant to #171 Order cc: COR, JPMDL (CBD) |
Filing 253 AFFIDAVIT OF SERVICE of AMENDED MOTION for Order to Show Cause (95 in 5:18-cv-00113-KKC, 247 in 5:18-md-02809-KKC) to Lisa Ford, on behalf of Mattie Holmes, deceased, by Plaintiffs . Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00113-KKC(Kassan, Randi) Modified text on 5/2/2019 (CBD). |
Filing 252 Proposed Agreed Order/Stipulation without Prejudice by Jeffrey L. Brown, Jeffrey L. Brown(individually ). Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00390-KKC(Kassan, Randi) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: Proposed Agreed Order of Dismissal without Prejudice (filed as #66 in 5:18-cv-00390-KKC, #252 in 5:18-md-02809-KKC) Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00390-KKC(CBD) |
MEMBER CASE OPENED: McConnell v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-190 KKC pursuant to #1 Order #174 cc: COR, JPMDL (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: Proposed Agreed Orders/Stipulations re (75 in 5:18-cv-00136-KKC, 250 in 5:18-md-02809-KKC), (251 in 5:18-md-02809-KKC, 107 in 5:18-cv-00126-KKC), (107 in 5:18-cv-00069-KKC, 249 in 5:18-md-02809-KKC). Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00069-KKC, 5:18-cv-00126-KKC, 5:18-cv-00136-KKC(CBD) |
Filing 251 Proposed Agreed Order/Stipulation without prejudice by Therese Medley. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00126-KKC(Kassan, Randi) |
Filing 250 Proposed Agreed Order/Stipulation without prejudice by David Caldwell. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00136-KKC(Kassan, Randi) |
Filing 249 Proposed Agreed Order/Stipulation without prejudice by Carl Hulbert. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00069-KKC(Kassan, Randi) |
Set Hearing re 5:18-md-2809 - ALL Cases: QUARTERLY TELEPHONE CONFERENCE set for 6/18/2019 at 03:00 PM in LEXINGTON before Judge Karen K. Caldwell. (CBD) |
Motions Taken Under Advisement: AMENDED MOTION for Order to Show Cause (247 in 5:18-md-02809-KKC, 88 in 5:18-cv-00134-KKC, 64 in 5:18-cv-00310-KKC, 95 in 5:18-cv-00113-KKC, 104 in 5:18-cv-00069-KKC, 68 in 5:18-cv-00302-KKC, 71 in 5:18-cv-00083-KKC, 69 in 5:18-cv-00313-KKC, 63 in 5:18-cv-00450-KKC, 64 in 5:18-cv-00317-KKC, 67 in 5:18-cv-00217-KKC, 70 in 5:18-cv-00135-KKC, 66 in 5:18-cv-00297-KKC, 69 in 5:18-cv-00386-KKC, 67 in 5:18-cv-00265-KKC, 105 in 5:18-cv-00126-KKC, 71 in 5:18-cv-00102-KKC, 71 in 5:18-cv-00084-KKC, 72 in 5:18-cv-00136-KKC, 6 in 5:18-cv-00635-KKC, 71 in 5:18-cv-00106-KKC, 68 in 5:18-cv-00299-KKC) Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
Filing 248 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 4/25/2019 before Judge Karen K. Caldwell: 1. Defendant's Amended Motion #247 for Order to Show Cause for Failure to Submit Plaintiff Profile Form is TAKEN UNDER ADVISEMENT. 2. The Court DIRECTS the parties to request court intervention as soon as possible if the fact discovery deadline of July 9, 2019 cannot be met. 3. The Quarterly Status Telephone Conference remains SCHEDULED for Tuesday, June 18, 2019 at 3:00 p.m. Counsel shall access the call by dialing 1-888-684-8852, then entering access code 6823688.(Tape #KYED-LEX__18-MD-2809-KKC_20190425_154840.) Associated Cases: 5:18-md-02809-KKC et al. (CBD)cc: COR |
Filing 247 AMENDED MOTION for Order to Show Cause by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation, Bristol Myers Squibb Company for Failure to Submit Plaintiff Profile Form (Attachments: #1 Appendix A - List of Plaintiffs, #2 Proposed Order)Associated Cases: 5:18-md-02809-KKC et al.(Browning, Carol) |
Filing 246 ORDER: The Court hereby ORDERS that, within 21 days of the entry date of this order, plaintiffs MUST FILE re Motion #180 either: 1) an amended proposed order and amended Participation Agreement that addresses the issues raised in the questions in Section II of this order; 2) a written response to the questions raised in Section II (see Order for section I and II) of this order; or 3) both. Signed by Judge Karen K. Caldwell on 4/25/2019.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR |
Filing 245 MOTION for Order to Show Cause by AstraZeneca Pharmaceuticals LP, AstraZeneca Pharmaceuticals LP, AstraZeneca Pharmaceuticals LP, Bristol Myers Squibb Company, Bristol-Meyers Squibb Company, Bristol-Myers Squibb Company, Bristol-Myers Squibb Company, Bristol-Myers Squibb Company, Inc., Bristol-Myers Squibb Company, Inc., McKesson Corporation, McKesson Corporation, McKesson Corporation for Failure to Submit Plaintiff Profile Form (Attachments: #1 Appendix A - List of Plaintiffs, #2 Proposed Order)Associated Cases: 5:18-md-02809-KKC et al.(Browning, Carol) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: PROPOSED AGREED STIPULATIONS/NOTICES OF DISMISSAL filed as (238 in 5:18-md-02809-KKC, 64 in 5:18-cv-00262-KKC); (65 in 5:18-cv-00267-KKC, 240 in 5:18-md-02809-KKC); (243 in 5:18-md-02809-KKC, 68 in 5:18-cv-00309-KKC); (239 in 5:18-md-02809-KKC, 65 in 5:18-cv-00319-KKC); (65 in 5:18-cv-00324-KKC, 242 in 5:18-md-02809-KKC) ; (64 in 5:18-cv-00340-KKC, 241 in 5:18-md-02809-KKC) Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
MEMBER CASE OPENED: O'Toole et al v. Bristol-Myers Squibb Company, Inc. et al opened as a Direct Filed Case in Kentucky Eastern District as 5:19-cv-173-KKC pursuant to #174 Stipulated Order re Direct Filing. cc: COR, JPMDL (TDA) |
Party Patrick Utterback (5:18-cv-218 KKC) terminated. (CBD) |
Filing 244 ORDER: In accordance with the stipulation ( #237 in 5:18-md-02809-KKC, #65 in 5:18-cv-00218-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 4/22/2019. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00218-KKC (TDA) cc: COR |
Filing 243 NOTICE of Voluntary Dismissal by Cathy Terrell Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00309-KKC(Harris, Laurel) |
Filing 242 NOTICE of Voluntary Dismissal by Larry Matthews Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00324-KKC(Harris, Laurel) |
Filing 241 NOTICE of Voluntary Dismissal by William Hightower Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00340-KKC(Harris, Laurel) |
Filing 240 NOTICE of Voluntary Dismissal by Debbie Crear Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00267-KKC(Harris, Laurel) |
Filing 239 NOTICE of Voluntary Dismissal by Francoisce Baker Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00319-KKC(Harris, Laurel) |
Filing 238 NOTICE of Voluntary Dismissal by Bailey Erwin Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00262-KKC(Harris, Laurel) |
Filing 237 Proposed Agreed Order/Stipulation of Dismissal without Prejudice by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Patrick Utterback. Filed per QC re #64 in 5:18-cv-218 Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00218-KKC(CBD) |
Filing 236 ORDER: the stipulation (63 in 5:18-cv-00286-KKC, 227 in 5:18-md-02809-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 4/18/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00286-KKC(CBD)cc: COR, JPML |
Filing 235 ORDER the stipulation ( #67 in 5:18-cv-00242-KKC, #229 in 5:18-md-02809-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 4/18/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00242-KKC(CBD)cc: COR, JPML |
Filing 234 ORDER: the stipulation ( #221 in 5:18-md-02809-KKC, #67 in 5:18-cv-00164-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 4/18/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00164-KKC(CBD)cc: COR, JPML |
Filing 233 ORDER: the stipulation ( #228 in 5:18-md-02809-KKC, #101 in 5:18-cv-00114-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 4/18/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00114-KKC(CBD)cc: COR |
Clerk's Note: Order #233 regenerated to JPML. (CBD) |
NOTICE OF DOCKET MODIFICATION TO Laurel Harris re (64 in 5:18-cv-00218-KKC) Proposed Agreed Order/Stipulation: Attorney filed the document in the individual member case file only. Pursuant to the Court's Practice & Procedure Order (Entry #3 in 5:18- md-2809) 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 re-filed the document in the master and related member case file. No further action required by counsel as to this error. cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00218-KKC(CBD) |
Party John Key (5:18-cv-242), Patsy Nesselrodt (5:18-cv-164), Allen Ellis (18-cv-114) and Carl Jarman (5:18-cv-286-KKC) terminated. (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re (65 in 5:18-cv-00218-KKC, 237 in 5:18-md-02809-KKC) Proposed Agreed Order/Stipulation of Dismissal without Prejudice by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Patrick Utterback Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00218-KKC(CBD) |
Filing 232 ORDER: Motion (DE #224 in 5:18-md-2809, et al) is GRANTED and the Court's Order to Show Cause is continued sixty (60) days from the date of this Order. Signed by Judge Karen K. Caldwell on 4/17/2019.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR |
MEMBER CASE OPENED: Scott v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-169 KKC pursuant to #174 Order. cc: COR, JPMDL (CBD) |
Set/Reset Deadlines: Show Cause Response due by 6/17/2019. (CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: Status Report (filed as #231 in 5:18-md-2809, et al) (CBD) |
Filing 231 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation, Bristol-Myers Company, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Bristol-Meyers Squibb Company. Associated Cases: 5:18-md-02809-KKC et al.(Browning, Carol) |
MEMBER CASE OPENED: Shepard v. Bristol-Myers Squibb Company, Inc. et al opened as a Direct Filed Case in Kentucky Eastern District as 5:19-cv-166-KKC pursuant to #174 Stipulated Order re Direct Filing. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Haggar v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-00161-KKC pursuant to #174 Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Greer v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-155 KKC pursuant to #174 Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Irvan v. Bristol-Myers Squibb Company, Inc. et al opened as as a Direct Filed Case in Kentucky Eastern District as 5:19-cv-156-KKC pursuant to #174 Stipulated Order re Direct Filing. (TDA)cc: COR, JPMDL |
MEMBER CASE OPENED: Wendricks v. Bristol-Myers Squibb Company, Inc. et al directly Opened in Kentucky Eastern District as 5:19-cv-152 KKC pursuant to #174 Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Wendricks v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-151 KKC pursuant to #174 Order. cc: COR, JPMDL (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #224 MOTION for Extension of Time to comply with the Court's Show Cause Order #208 by Plaintiffs (CBD) |
MEMBER CASE OPENED: Wendricks v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-153 KKC pursuant to #174 Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Thompson v. Bristol-Myers Squibb Company, Inc. et al directly Opened in Kentucky Eastern District as 5:19-cv-150 KKC pursuant to #174 Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Smith v. Bristol-Myers Squibb Company, Inc. et al opened as Direct Filed Case in Kentucky Eastern District as 5:19-cv-146-KKC pursuant to #174 Stipulated Order re Direct Filing. (TDA) cc: COR, JPMDL |
MEMBER CASE OPENED: Mays v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-154 KKC pursuant to #174 Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Sweeney v. Bristol-Myers Squibb Company, Inc. et al opened as a Direct Filed Case in Kentucky Eastern District as 5:19-cv-148-KKC pursuant to #174 Stipulated Order re Direct Filing. (TDA) |
MEMBER CASE OPENED: Sukhoo v. Bristol-Myers Squibb Company, Inc. et al opened as a Direct Filed Case in Kentucky Eastern District as 5:19-cv-149-KKC pursuant to #174 Stipulated Order re Direct Filing. (TDA) |
MEMBER CASE OPENED: Strange v. Bristol-Myers Squibb Company, Inc. et al opened as a Direct Filed Case in Kentucky Eastern District as 5:19-cv-147-KKC pursuant to #174 Stipulated Order re Direct Filing. (TDA) cc: COR,JPMDL |
Filing 230 NOTICE OF FILING by David Taylor, Leatha Taylor re (224 in 5:18-md-02809-KKC) MOTION for Extension of Time by David Taylor (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC et al.(Moore, Jennifer) |
MEMBER CASE OPENED: Harrington v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-00140-KKC pursuant to Order #174 . cc: COR, JPMDL (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re (229 in 5:18-md-02809-KKC, 67 in 5:18-cv-00242-KKC) Proposed Agreed Order/Stipulation without Prejudice by John Key Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00242-KKC(CBD) |
MEMBER CASE OPENED: Ragsdale v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-00141-KKC pursuant to Order #174 cc: COR, JPMDL (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: Proposed Agreed Order/Stipulation without Prejudice (101 in 5:18-cv-00114-KKC, 228 in 5:18-md-02809-KKC). Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00114-KKC(CBD) |
MEMBER CASE OPENED: McLean v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-145 KKC pursuant to #174 Order cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Hudson v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-00142-KKC pursuant to #174 Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Johnson v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-00144-KKC pursuant to #174 . cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Collins v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-143 KKC pursuant to #174 Order. cc: COR, JPMDL (CBD) |
Filing 229 Proposed Agreed Order/Stipulation without Prejudice by John Key. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00242-KKC(Kassan, Randi) |
Filing 228 Proposed Agreed Order/Stipulation without Prejudice by Allen Ellis. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00114-KKC(Kassan, Randi) |
MEMBER CASE OPENED: Hosey v. Bristol-Myers Squibb Company, Inc. et al opened as a Direct Filed Case in Kentucky Eastern District as 5:19-cv-138-KKC pursuant to #174 Stipulated Order re Direct Filing. (TDA) |
MEMBER CASE OPENED: Hudson v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-00139-KKC pursuant to Order #174 . cc: COR, JPMDL (CBD) |
Filing 227 STIPULATION of Dismissal without Prejudice by Carl Jarman. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00286-KKC(Kassan, Randi) Modified on 4/1/2019 (CBD). |
MEMBER CASE OPENED: Gholar v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-00135-KKC pursuant to Order #174 . cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Santiago v. Bristol-Meyers Squibb Company. et al directly opened in Kentucky Eastern District as 5:19-cv-131 KKC pursuant to Order #174 . cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Alston v. Bristol-Myers Squibb Company, Inc. et al directly opened in Kentucky Eastern District as 5:19-cv-00132-KKC pursuant to #174 Order re Direct Filing. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Wight v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-00134-KKC pursuant to Order #174 . cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Dupree v. Bristol-Myers Squibb Company, Inc. et al directly opened in Kentucky Eastern District as 5:19-cv-00130-KKC pursuant to #174 Order re Direct Filing. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Ford v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-00133-KKC pursuant to Order #174 . cc: COR, JPMDL (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re Proposed Agreed Order/Stipulation (63 in 5:18-cv-00286-KKC, 227 in 5:18-md-02809-KKC) Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00286-KKC(CBD) |
MEMBER CASE OPENED: Spearman v. Bristol-Myers Squibb Company, Inc. et al opened on 3/29/2019 as a Direct Filed Case in Kentucky Eastern District as 5:19-cv-129-KKC pursuant to #174 Stipulated Order re Direct Filing. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Cagle v. Bristol-Myers Squibb Company, Inc. et al opened on 3/29/2019 as a Direct Filed Case in Kentucky Eastern District as 5:19-cv-128-KKC pursuant to #174 Stipulated Order re Direct Filing. cc: COR, JPMDL (TDA) |
Filing 226 NOTICE of Change of Address by Lauren Aliz Welling Associated Cases: 5:18-md-02809-KKC et al.(Welling, Lauren) |
Filing 225 NOTICE of Change of Address by Timothy Michael Clark Associated Cases: 5:18-md-02809-KKC et al.(Clark, Timothy) |
MEMBER CASE OPENED: Brown v. Bristol-Myers Squibb Company, Inc. et al directly opened in Kentucky Eastern District as 5:19-cv-00122-KKC pursuant to #174 Order re Direct Filing cc: COR, JPMDL (CBD) |
NOTICE OF DEFICIENCY & DOCKET MODIFICATION to Jennifer Moore. ***Error 1 re (223 in 5:18-md-02809-KKC) Response to Order to Show Cause; This is a motion AND a response. The document was filed only as a response when the document should be filed as two separate entries; Entry by attorney; Clerk re- filed the document as a Motion for Extension at #224 in 5:18-md-2809, et al. In the future, when filing multiple documents within one filing, please refer to the ECF User Manual "Filing Other Types of Documents" for the correct procedure. No further steps required by counsel. ***Error 2: MOTION for Extension of Time (224 in 5:18-md-02809-KKC, et al) attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing", file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
MEMBER CASE OPENED: Kelly v. Bristol-Myers Squibb Company, Inc. et al directly opened in Kentucky Eastern District as 5:19-cv-125 KKC pursuant to #174 Order re Direct Filing cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Daily v. Bristol-Myers Squibb Company, Inc. et al directly opened in Kentucky Eastern District as 5:19-cv-123 KKC pursuant to #174 Order re Direct Fililng cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Mason v. Bristol-Myers Squibb Company Inc., et al opened as a Direct Filed Case in Kentucky Eastern District as 5:19-cv-126-KKC pursuant to #174 Stipulated Order re Firect Filing. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Ritz v. Bristol-Myers Squibb Company Inc., et al opened as a Direct Filed Case in Kentucky Eastern District as 5:19-cv-127-KKC pursuant to #174 Stipulated Order re Firect Filing. cc: COR, JPMDL (TDA) |
Filing 224 MOTION for Extension of Time to comply with Show Cause Order (filed as #208 in 5:18-cv-2809-KKC, ET AL) by David Taylor. Filed per QC re #223 Response Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
Filing 223 RESPONSE TO ORDER TO SHOW CAUSE by David Taylor, Leatha Taylor (208 in 5:18-md-02809-KKC) filed by David Taylor, Leatha Taylor. Associated Cases: 5:18-md-02809-KKC et al.(Moore, Jennifer) |
Filing 222 NOTICE of Change of Address by Jennifer A. Moore Associated Cases: 5:18-md-02809-KKC et al.(Moore, Jennifer) |
NOTICE OF DOCKET MODIFICATION TO Randi Kassan re Stipulation (66 in 5:18-cv-00164-KKC). Error: Attorney filed the document in the individual member case file only. Pursuant to the Court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) 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 re-filed the document in the master and related individual member case files. No further action required by counsel as to this error. cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00164-KKC(CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re (67 in 5:18-cv-00164-KKC, 221 in 5:18-md-02809-KKC) Proposed Agreed Order/Stipulation by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson of Dismissal without Prejudice. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00164-KKC(CBD) |
MEMBER CASE OPENED: Wilkerson v. Bristol-Meyers Squibb Company, et al directly opened in Kentucky Eastern District as 5:19-cv-112 KKC pursuant to #1 Direct File Order #174 cc: COR, JPMDL (CBD) |
Filing 221 Proposed Agreed Order/Stipulation of Dismissal by Patsy Nesselrodt, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Filed per QC re #66 in 5:18-cv-164 Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00164-KKC(CBD) |
***FILE SUBMITTED TO CHAMBERS of Judeg Caldwell for review: Joint Status Report (220 in 5:18-md-02809-KKC, et al) Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
Filing 220 JOINT STATUS REPORT by Plaintiffs, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC et al.(Browning, Carol) Modified text on 3/18/2019 (CBD). |
Filing 219 ORDER: the quarterly telephonic status conference scheduled to take place on 3/19/2019 is RESCHEDULED to take place on 4/25/2019 at 4:00 p.m. Unless the Court orders otherwise, the conference will be conducted telephonically. (See Order for details) The other scheduled quarterly status conferences remain scheduled for the dates set forth in the preliminary scheduling order.(DE #164 , Case. No. 5:18-md-2809, et al). Signed by Judge Karen K. Caldwell on 3/12/2019.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR, Lex D |
Reset Hearing: Quarterly TELEPHONE CONFERENCE set for 4/25/2019 at 04:00 PM in LEXINGTON before Judge Karen K. Caldwell. (CBD) |
MEMBER CASE OPENED: Ray v. Bristol-Myers Squibb Company, Inc. et al directly opened in Kentucky Eastern District as 5:19-cv-00090-KKC pursuant to #174 Oder re Direct Filing cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Schwartz v. Bristol-Myers Squibb Company, Inc. et al directly opened in Kentucky Eastern District as 5:19-cv-92 KKC pursuant to #174 Order re Direct Filing cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Perkins v. Bristol-Myers Squibb Company, Inc. et al directly opened in Kentucky Eastern District as 5:19-cv-91 KKC pursuant to #174 Order re Direct Filing cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Davis v. Bristol-Myers Squibb Company, Inc. et al opened as a Direct Filed Case in Kentucky Eastern District as 5:19-cv-89-KKC pursuant to #174 Stipulated Order re Direct Filing. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Horne v. Bristol-Myers Squibb directly opened in Kentucky Eastern District as 5:19-cv-95 KKC pursuant to #174 Order re Direct Filing cc: COR, JPMDL (CBD) |
Filing 218 ORDER: In accordance with the stipulation ( #214 in 5:18-md-02809-KKC, #71 in 5:18-cv-00140-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 3/6/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00140-KKC(CBD)cc: COR, JPML Modified cc on 3/6/2019 (CBD). |
Filing 217 ORDER: In accordance with the stipulation (207 in 5:18-md-02809-KKC, 78 in 5:18-cv-00117-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudice and STRICKEN from the Courts active docket. Signed by Judge Karen K. Caldwell on 3/6/2019.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00117-KKC(CBD)cc: COR, JPML Modified cc on 3/6/2019 (CBD). |
Filing 216 ORDER: Motion (R. #215 in 5:2809, et al) is GRANTED. Plaintiffs' response to the Order to Show Cause is due 3/27/2019. Signed by Judge Karen K. Caldwell on 3/6/2019.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR |
Set/Reset Deadlines: Plaintiffs' Show Cause Response due by 3/27/2019. (CBD) |
MEMBER CASE OPENED: Sharp et al v. Bristol-Myers Squibb Company, Inc. et al; Directly Opened in Kentucky Eastern District as 5:19-cv-00078-KKC pursuant to #174 Order re Direct Filing. (TDA) |
MEMBER CASE OPENED: Scott v. Bristol-Myers Squibb Company, Inc. et al; Directly Opened in Kentucky Eastern District as 5:19-cv-00076-KKC pursuant to #174 Order re Direct Filing. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Rankow v. Bristol-Myers Squibb Company, Inc. et al Directly Opened in Kentucky Eastern District as 5:19-cv-70 KKC pursuant to Order re Direct Filing {174] cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Karitenos v. Bristol-Myers Squibb Company, Inc. et al Directly Opened in Kentucky Eastern District as 5:19-cv-00071-KKC pursuant to #174 Order re Direct Filing cc: COR, JPMDL (CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: re Proposed Agreed Order/Stipulation without prejudice as to John Wesley Hunt, Sr. (214 in 5:18-md-02809-KKC, 71 in 5:18-cv-00140-KKC) Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00140-KKC(CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #215 MOTION for Extension of Time to File Responseas to Show Cause Order ( #208 in 5:18-md-2809-KKC, ET AL) Plaintiffs (CBD) |
MEMBER CASE OPENED: North v. Bristol-Myers Squibb Company, Inc. et al Directly Opened in Kentucky Eastern District as 5:19-cv-00068-KKC pursuant to #174 Order re Direct Filing cc: COR, JPMDL (CBD) |
Filing 215 MOTION for Extension of Time to File Response/Reply as to ( #208 in 5:18-cv-2809-KKC, ET AL) Order to Show Cause by Plaintiffs (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC et al.(Moore, Jennifer) Modified text on 2/26/2019 (CBD). |
Filing 214 STIPULATION of Dismissal without prejudice by John Wesley Hunt, Sr., AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00140-KKC(Browning, Carol) Modified event/text on 2/26/2019 (CBD). |
NOTICE OF DOCKET MODIFICATION TO E. Scott Verhine re Amended Complaint ( #5 in 5:19-cv-00055-KKC). Error: Attorney filed the document in the individual member case file only. Pursuant to the attorney should have filed the document in the master case and spread text to the related individual member case. Entry by Attorney. Correction: Clerk has re-filed the document in the master and member case filed as (R. #213 in 5:18-md-2809 and R. #6 in 5:19-cv-55.) Counsel is further advised to use captioning as set out in the Court's Practice & Procedure Order (R. #3 in 5:18- md-2809) for all future pleadings in this litigation. No further action required as to this pleading by counsel. cc: COR Associated Cases: 5:18-md-02809-KKC, 5:19-cv-00055-KKC(CBD) |
Filing 213 FIRST AMENDED COMPLAINT (correcting Caption) against AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation, filed by Walter Harding, Walter Harding. Filed per QC re #5 in 5:19-cv-55Associated Cases: 5:18-md-02809-KKC, 5:19-cv-00055-KKC(CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: Joint Status Report (212 in 5:18-md-02809-KKC, et al). Associated Cases: 5:18-md-02809-KKC, ALL cases.(CBD) |
MEMBER CASE OPENED: Harding v. Bristol-Myers Squibb Company, et al direct filed and opened in Kentucky Eastern District as 5:19-cv-55 KKC pursuant to #174 Order re Direct Filing. cc: COR, Schumacher with 2809 ECF Reg. Form, JPMDL (CBD) |
Filing 212 JOINT STATUS REPORT by Plaintiffs, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC et al.(Browning, Carol) Modified text on 2/19/2019 (CBD). |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: Notice of Withdrawal of Timothy Young for Plaintiffs filed as ([209, #210 and #211 in 5:18-md-02809-KKC) Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00298-KKC, 5:18-cv-00300-KKC, 5:18-cv-00303-KKC(CBD) |
NOTICE OF DOCKET MODIFICATION TO Timothy Young re Notice filed as #209 , #210 and #211 in 5:18-md-02809-KKC. Error: Documents were filed in the member cases only. Pursuant to the court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) attorney should have filed each of the documents identified above in the master case and spread text to each related member case; Entries by Attorney; Correction: Clerk has added counsel of record referenced in the Notices to the master case. No further action required by counsel as to this error. cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00298-KKC, 5:18-cv-00300-KKC, 5:18-cv-00303-KKC(CBD) |
Filing 211 NOTICE by Olivier Herbert Withdrawal of Counsel Timothy Young (Young, Timothy) |
Filing 210 NOTICE by Richard Garry Withdrawal of Counsel Timothy Young (Young, Timothy) |
Filing 209 NOTICE by Gilbert Corbello Withdrawal of Counsel Timothy Young (Young, Timothy) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: Proposed Agreed Order/Stipulation filed as ( #207 in 5:18-md-02809-KKC and #78 in 5:18-cv-00117-KKC) Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00117-KKC(CBD) |
Filing 208 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 |
Filing 207 STIPULATION of Dismissal without Prejudice by Cleotha Silvers. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00117-KKC(Kassan, Randi) Modified type on 2/6/2019 (CBD). |
Set/Reset Deadlines: Show Cause Response due by 2/26/2019 re #208 . (CBD) |
Filing 206 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). |
Filing 205 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 |
MEMBER CASE OPENED: Clanton v. Bristol-Myers Squibb Company, Inc. et al directly opened in Kentucky Eastern District as 5:19-cv-25 pursuant to #174 Stipulated Order re Direct Filing. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Williams v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:19-cv-26 KKC pursuant to #174 Stipulated Order re Direct Filing cc: COR, JPMDL (CBD) |
Set/Reset Deadlines: Fact Discovery re General Causation ddl 7/9/2019. (CBD) |
Set/Reset Deadlines: Daubert Motions due by 10/28/2019. (CBD) |
MEMBER CASE OPENED: Sherill v. Bristol-Myers Squibb Company, Inc. et al opened as a Direct Filed Case in Kentucky Eastern District as 5:19-cv-23 KKC pursuant to Stipulated Order re Direct Filing #174 cc: COR, JPMDL (CBD) |
Filing 204 NOTICE of Change of Address by David L. Friend Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00571-KKC, 5:18-cv-00572-KKC, 5:18-cv-00576-KKC, 5:18-cv-00578-KKC(Friend, David) |
Filing 203 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 202 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 201 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 197 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 196 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 |
***MOTION SUBMITTED TO CHAMBERS of Judeg Caldwell for review: re #193 CONSENT MOTION for Order by David Taylor, Leatha Taylor Approving Plaintiffs' Proposed Short Form Complaint (CBD) |
Party McKesson Corporation added per Master Complaint ( #185 in 5:18-md-2809, et al). Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
Set/Reset Deadline: Show Cause Response due by 1/11/2019. (CBD) |
Attorney Update. Attorney Chelsea R. Kurth for AstraZeneca Pharmaceuticals LP, Chelsea R. Kurth for Bristol-Myers Squibb Company, Chelsea R. Kurth for McKesson Corporation. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00063-KKC, 5:18-cv-00074-KKC, 5:18-cv-00109-KKC(CBD) |
Filing 195 NOTICE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation of Withdrawal of Counsel (Corrected) Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00063-KKC, 5:18-cv-00074-KKC, 5:18-cv-00109-KKC(Kurth, Chelsea) |
Filing 194 NOTICE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation of Withdrawal of Counsel Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00063-KKC, 5:18-cv-00074-KKC, 5:18-cv-00109-KKC(Kurth, Chelsea) |
Filing 200 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 199 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 198 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 193 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 192 INCORRECTLY FILED - ANSWER to (185 in 5:18-md-02809-KKC) Complaint, with Jury Demand by McKesson Corporation. Associated Cases: ALL (Browning, Carol) See DE #200 in 18-md-2809, ET AL for CORRECTED entry of this pleading. Modified text on 1/10/2019 (CBD). |
Filing 191 INCORRECTLY FILED - ANSWER to (185 in 5:18-md-02809-KKC) Complaint, with Jury Demand by Bristol-Myers Squibb Company. Filed in ALL Associated Cases (Browning, Carol) See DE #199 in 18-md-2809, ET AL for CORRECTED entry of this pleading Modified text on 1/9/2019 (CBD). |
Filing 190 INCORRECTLY FILED - ANSWER to (185 in 5:18-md-02809-KKC) Complaint, with Jury Demand by AstraZeneca Pharmaceuticals LP. Associated Cases: ALL (Browning, Carol) See DE #198 in 18-md-2809, ET AL for CORRECTED entry of this pleading Modified text on 1/10/2019 (CBD). |
Filing 189 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 188 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). |
MEMBER CASE OPENED: Moton v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:18-cv-00648-KKC pursuant to #174 Stipulated Order re Direct Filing cc: COR, JPMDL (CBD) |
Filing 187 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 |
MEMBER CASE OPENED: Abshire v. Bristol-Myers Squibb Company, Inc. opened as a Direct Filed Case in Kentucky Eastern District as 5:18-cv-635-KKC pursuant to #174 Stipulated Order re Direct Filing. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: New York Southern, 1:18-cv-09406, Nicholas v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-634 KKC pursuant to #186 Conditional Transfer Order 22 cc: COR, JPMDL (CBD) |
Filing 186 CONDITIONAL TRANSFER ORDER No. 22 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (CBD) |
***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) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #183 JOINT MOTION FOR ENTRY OF STIPULATED CASE MANAGEMENT ORDER by Plaintiffs and Defendants Bristol-Myers Squibb Company, AstraZeneca Pharmaceuticals LP, and McKesson Corporation (CBD) |
Parties terminated per #185 : AstraZeneca LP (and) IPR Pharmaceuticals, Inc. Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
Filing 185 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 184 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 183 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 182 ORDER SUBSITUTING PARTY: Motion (DE #181 in 5:18-md-2809, #44 in 5:18-cv-151) is GRANTED. The Court further ORDERS that Plaintiff Bobby Taylor is removed from this matter, and in his place Colleen Taylor, Administratrix of the Estate of Bobby Taylor, is substituted. Signed by Judge Karen K. Caldwell on 11/16/2018. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00151-KKC(CBD)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: MOTION to Substitute Deceased Party by Bobby L. Taylor (181 in 5:18-md-02809-KKC, 44 in 5:18-cv-00151-KKC). Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00151-KKC(CBD) |
Filing 181 MOTION to Substitute Party by Bobby L. Taylor (Attachments: #1 Exhibit Death Certificate, #2 Exhibit Probate Order, #3 Proposed Order Granting Motion to Substitute Parties)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00151-KKC(McCarty, Sean) |
Filing 180 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). |
MEMBER CASE OPENED: Harris v. Bristol-Myers Squibb Company, Inc. opened as a Direct Filed Case in Kentucky Eastern District as 5:18-cv-596 KKC pursuant to #174 Stipulated Order re Direct Filing. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Singletary v. Bristol-Myers Squibb Company, Inc. opened as a Direct Filed Case in Kentucky Eastern District as 5:18-cv-598-KKC pursuant to #174 Stipulated Order re Direct Filing. cc: COR, JPMDL (TDA) |
NOTICE OF DOCKET MODIFICATION TO Sean McCarty re (42 in 5:18-cv-00151-KKC) Notice of Appearance, (73 in 5:18-cv-00053-KKC) Notice of Appearance. Error: Documents were filed in the member cases only. Pursuant to the court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) attorney should have filed each of the documents identified above in the master case and spread text to each related member case; Entries by Attorney; Correction: Clerk has added counsel of record referenced in the Notices to the master case. No further action required by counsel as to this error cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00053-KKC, 5:18-cv-00151-KKC(CBD) |
Attorney Update. Attorney Sean A. McCarty for Bobby L. Taylor, Sean A. McCarty for David Taylor, Sean A. McCarty for Leatha Taylor, added per QC re (DE 73 in 5:18-cv-53 KKC and DE 42 in 5:18-cv-151 KKC). (CBD) |
Filing 179 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). |
MEMBER CASE OPENED: Eastern District of Texas, 6:18-cv-463, Rundell v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-579 pursuant to #177 Conditional Transfer Order 21 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Eastern District of Pennsylvania, 2:18-cv-03730, Brown v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-578-KKC pursuant to #177 Conditional Transfer Order 21. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Eastern District of Pennsylvania, 2:18-cv-03729, Serpa v. Bristol-Meyers Squibb Co., Inc. et al Opened in Kentucky Eastern District as 5:18-cv-576-KKC pursuant to #177 Conditional Transfer Order 21. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Eastern District of Pennsylvania, 2:18-cv-03731, Hampton v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-571-KKC pursuant to #177 Conditional Transfer Order 21. cc: COR, JPMDL (TDA) |
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) |
MEMBER CASE OPENED: New Jersey, 3:18-cv-13904, Mounteer v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00570-KKC pursuant to #177 Conditional Transfer Order CTO 21 cc: COR, JPMDL (CBD) |
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) |
MEMBER CASE OPENED: Eastern District of Pennsylvania, 2:18-cv-03732, Sturgell v. Bristol-Meyers Squibb Co., Inc. et al Opened in Kentucky Eastern District as 5:18-cv-572-KKC pursuant to #177 Conditional Transfer Order 21. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: New Jersey, 3:18-cv-13461, Vasquez et al v. AstraZeneca Pharmaceuticals LP et al Opened in Kentucky Eastern District as 5:18-cv-00569-KKC pursuant to #177 Conditional Transfer Order CTO 21 cc: COR, JPMDL (CBD) |
Filing 178 REPLY BRIEF to (DE #168 in 5:18-md-2809, et al) filed by David Taylor. (Attachments: #1 Exhibit A- Xarelto PTO 27)Associated Cases: 5:18-md-02809-KKC et al.(Moore, Jennifer) Modified link on 10/11/2018 (CBD). |
Filing 177 CONDITIONAL TRANSFER ORDER No. 21 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (CBD) |
MEMBER CASE OPENED: New Jersey, 3:18-cv-09273, Young v. Bristol-Meyers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00568-KKC pursuant to #177 Conditional Transfer Order 21 cc: COR, JPMDL (CBD) |
Filing 176 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 |
Filing 175 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). |
MEMBER CASE OPENED: Becoat v. Bristol-Myers Squibb Company, Inc. opened as a Direct Filed Case in Kentucky Eastern District as 5:18-cv-562 KKC pursuant to #174 Stipulated Order re Direct Filing. cc: COR, JPMDL (CBD) |
Filing 174 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 #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 Modified text on 2/5/2019 (CBD). |
Clerk's Note: Stipulated Order Regarding Direct Filing and Service of Complaints #174 regenerated to JPML Clerk. (CBD) |
Filing 173 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 |
Filing 172 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 |
Filing 171 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 |
Attorney Update. Attorney Jennifer A. Moore, Timothy Michael Clark, Laraclay Drake Parker added for Plaintiffs per Order #162 . (CBD) |
MEMBER CASE OPENED: Missouri Western, 5:18-cv-06140, Wilson v. Bristol Myers Squibb Co., Inc., et al Opened in Kentucky Eastern District as 5:18-cv-00554-KKC pursuant to #170 Conditional Transfer Order 20 cc: COR, JPMDL (CBD) |
Filing 170 CONDITIONAL TRANSFER ORDER No. 20 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (CBD) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re JOINT MOTION For Entry Of Stipulated Case Management Orders (169 in 5:18-md-02809- KKC, et al) Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
Filing 169 JOINT MOTION For Entry Of Stipulated Case Management Orders by Plaintiffs' David Taylor, et al (Attachments: #1 Exhibit 1-Protective Order, #2 Exhibit 2-Direct Filing and Service, #3 Exhibit 3-Claims of Privilege and Privilege Logs, #4 Exhibit 4-ESI)Associated Cases: 5:18-md-02809-KKC et al.(Moore, Jennifer) Modified on 10/1/2018 (CBD). |
Filing 168 MOTION to Adopt Plaintiffs' Proposed Scheduling Order by Plaintiffs' David Taylor, et al (Attachments: #1 Exhibit A-Plaintiffs' Proposed Scheduling Order, #2 Exhibit B-Transcript of Bifurcation of Discovery Discussion in Zofran, #3 Exhibit C-Transcript of TRT MDL Status Conference, #4 Exhibit D-Collection of Court Orders, #5 Exhibit E-sNDA Approval Letter)Associated Cases: 5:18-md-02809-KKC et al.(Moore, Jennifer) Modified text on 9/24/2018 (CBD). |
Filing 167 TRANSCRIPT of Proceedings: STATUS CONFERENCE held on 9/7/2018 before Judge Caldwell. Court Reporter: Linda Mullen, Telephone number (859) 469-7459. Transcript ordered by: CAROL BROWNING. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/15/2018. Redacted Transcript Deadline set for 10/25/2018. Release of Transcript Restriction set for 12/21/2018. Modified on 9/24/2018 (CBD). |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: MOTION to Substitute Attorney Rebecca L. Phillips in place of Jerome Prather by David Taylor (filed as #165 in 5:18-md-2809, et al) Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
Filing 166 TRANSCRIPT REQUEST by AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation for proceedings held on 09/17/18 before Judge Hon. Karen K. Caldwell.. Associated Cases: 5:18-md-02809-KKC et al.(Browning, Carol) |
Filing 165 MOTION to Substitute Attorney Rebecca L. Phillips in place of Jerome Prather by Plaintiffs' David Taylor, et al (Attachments: #1 Exhibit - Phillips biography, #2 Proposed Order)Associated Cases: 5:18-md-02809-KKC et al.(Moore, Jennifer) Modified text on 9/13/2018 (CBD). |
Filing 164 PRELIMINARY SCHEDULING ORDER: 1) Within 14 days of the entry date of this order, plaintiffs' co-lead counsel must submit a brief regarding the defendants' proposal to conduct discovery in two phases, with the first phase dedicated to general causation. Defendants may file a response within 14 days of service of the plaintiffs brief and plaintiffs may file a reply within 5 days of service of the response brief. All briefs are limited to 12 pages. 2) This matter is set for quarterly status conferences on the following dates at 3:00 p.m. ET: December 18, 2018, March 19, 2019, June 18, 2019, September 17, 2019, December 17, 2019. Unless the Court orders otherwise, these conferences will be conducted telephonically. Counsel shall access the call by (See Order). Either party may move the Court to order that a quarterly status conference be conducted in person. In addition, either party may move the Court to cancel or postpone a scheduled quarterly status conference or to conduct an additional conference. 3) The parties must file monthly joint status reports by the 15th (or first business day thereafter) of every month beginning the month of January 2019. If the parties are unable to develop a joint report, they may file separate reports. 4) Within 60 days from the entry date of this order, plaintiffs' co- lead counsel must submit a proposed order governing the payment of attorney's fees and expenses for plaintiffs' counsel. 5) Within 21 days of the entry date of this order, the parties must submit a proposed agreed protective order and agreed orders governing privileged documents, electronically stored information, direct filing, and waiver of service. If the parties are unable to agree on the proposed orders, they may submit separate orders. 6) All pending motions to dismiss in all cases are DENIED as moot, the parties having agreed that a master complaint will be filed in this matter in accordance with a subsequent scheduling order. 7) The contact in the undersigned's chambers for this matter is: Candace Clay 8) The contact in the Clerk of the Court's office for this matter is: Christy Dearborn . Signed by Judge Karen K. Caldwell on 9/7/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR w/ 2809 ECF Reg. Form to non-registered counsel, Lex D. Modified text on 9/7/2018 (CBD). |
Filing 163 MINUTE ENTRY ORDER FOR STATUS CONFERENCE held on 9/7/2018 before Judge Karen K. Caldwell: The parties appeared for status conference as noted. A separate order shall be issued. Signed by Karen K. Caldwell. (Court Reporter: Linda Mullen) Associated Cases: 5:18-md-02809-KKC et al. (CBD)cc: COR, 2809 ECF Reg. Form to in-registered counsel. Modified cc on 9/7/2018 (CBD). |
Set/Reset Hearings: TELEPHONE STATUS CONFERENCE set for 12/18/2018 at 03:00 PM in LEXINGTON before Judge Karen K. Caldwell. (CBD) |
Set Deadlines (CBD) |
Set/Reset Hearings: TELEPHONE STATUS CONFERENCE set for 3/19/2019 at 03:00 PM in LEXINGTON before Judge Karen K. Caldwell. TELEPHONE STATUS CONFERENCE set for 6/18/2019 at 03:00 PM in LEXINGTON before Judge Karen K. Caldwell. (CBD) |
Set/Reset Hearings: TELEPHONE STATUS CONFERENCE set for 9/17/2019 at 03:00 PM in LEXINGTON before Judge Karen K. Caldwell. TELEPHONE STATUS CONFERENCE set for 12/17/2019 at 03:00 PM in LEXINGTON before Judge Karen K. Caldwell. (CBD) |
Attorney Update. Attorney Timothy Michael Clark for plaintiffs added. Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
Filing 162 ORDER APPOINTING PLAINITFFS' LEADERSHIP STRUCTURE: The Court hereby ORDERS that the unopposed motion (DE #160 , 5: 18-md-2809, et al.) for appointment to the following leadership positions ("Designated Counsel") is GRANTED as follows: The Designated Counsel are appointed to the following positions 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. The Court may decide from time-to-time to modify these appointments, depending upon the needs of the litigation. (A.) Plaintiffs' Co-Lead Counsel The Court appoints the following counsel as plaintiffs' co-lead counsel: Timothy Clark of SANDERS PHILLIPS GROSSMAN, LLC and Jennifer A. Moore of GROSSMAN & MOORE, PLLC. Defendants' counsel may rely upon all agreements made with Plaintiffs' co-lead counsel and such agreements shall be binding on all Plaintiffs whose eases arc subject to the Court's jurisdiction. (For Duties of Plaintiffs' Co- Lead Counsel - See Order) (B.) Plaintiffs' Liaison Counsel Laraclay Drake Parker of GOLDEN LAW OFFICE. (For Duties of Plaintiffs' Liaison Counsel - See Order) (C.) Plaintiffs' Executive Committee In addition to Plaintiffs' Co-Lead Counsel, the Plaintiffs' Executive Committee shall consist of: Daniel C. Burke of BERNSTEIN LIEBHARD, LLP, Fred Olinde of The Olinde Firm and Tim Porter of Porter Malouf. Plaintiffs' Plaintiffs' Liaison Counsel regarding management of the litigation, mcluding assisting in organizing subcommittees and delegating tasks to subcommittees. Plaintiffs' Executive Committee will also assist in scheduling meetings for Plaintiffs' counsel, keeping minutes and/or records of Plaintiffs' counsel meetings, and any other administrative functions as necessary. (D.) Plaintiffs' Federal-State Court Liaison Counsel: Erin Copeland of FIBICH, LEEBRON, COPELAND & BRIGGS. (For Duties of Plaintiffs' Federal- State Court Liaison Counsel - See Order) (E.) Plaintiffs' Steering Committee: Raymond Boucher Boucher LLP, Frank M. Petosa MORGAN & MORGAN, Erin Copeland FIBICH, LEEBRON, COPELAND & BRIGGS, Jerome P. Prather GARMER & PRATHER, Yvonne M. Flaherty LOCKRIDGE GRINDAL NAUEN PLLP, Steven Tcppler ABBOTT LAW GROUP, Jennifer Lenze LENZE LAWYERS, Matthew L. White GRAY & WHITELAW, Kim Loutey KENNERLY LOCTEY. (F.) Privileged Communications Cooperation among counsel and the parties is essential for the orderly and expeditious resolution of the litigation. The communication, transmission, or dissemination of information among plaintiffs' counsel shall be subject to the joint attorney-client privilege and the protections afforded by the attorney work-product doctrine; provided, however, that the conditions necessary to create such a privilege or protection have been satisfied and the privilege or protection has not been waived. Signed by Judge Karen K. Caldwell on 9/6/2018. Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR |
Filing 161 CONSOLIDATION ORDER: this action (5:18-cv-510 KKC) is consolidated with multi-district litigation transferred to the Court's Central Division at Lexington and captioned, In Re: Onglyza (Saxagliptin) and Kombiglyze XR (Saxagliptin and Metformin) Products Liability Litigation, Master File No. 5:18-md-2809-KKC (MDL Docket No. 2809), for purposes of discovery and other pre-trial proceedings pursuant to Rule 42 of the Federal Rules of Civil Procedure. The parties attention is directed to the Order Regarding Practice and Procedure (DE #3 in 5:18-md-2809) previously entered in the master file of the consolidated action. Signed by Judge Karen K. Caldwell on 8/29/2018.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00510-KKC(CBD)cc: COR |
MEMBER CASE OPENED: Eastern District of Kentucky, 5:18-cv-510, Sexton v. Bristol-Myers Squibb Company et al CONSOLIDATED pursuant to Consolidation Order #161 . cc: COR, JPMDL (CBD) |
NOTICE OF DOCKET MODIFICATION TO J. Moore re #159 MOTION Plaintiffs' Motion for Appointment of Designated Counsel by Jerald Adams, et al. Error 1: Attorney filed the document in the master case only. Pursuant to the Court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) 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 re- filed the document in the master and spread to all related member cases. No further action required by counsel as to this error. Error 2: 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 by counsel. Error 3: Exhibit uploaded as Exhibit E was incorrectly labeled on the pdf image; Error by attorney; Clerk verified that while the Exhibit E is incorrectly labeled Exhibit F on the pdf image it contains the the Biography of Mr. Olinde referred to in the Memorandum in Support as Exhibit E and noted same in the re-filed entry. (cc: COR) (CBD) |
Filing 160 MOTION of Plaintiffs for Appointment of Designated Counsel by Jerald Adams, et al (Attachments: #1 Exhibit A Biography of Timothy Clark, #2 Exhibit B Biography of Jennifer A. Moore, #3 Exhibit C Biography of Laraclay Parker, #4 Exhibit D Biography of Daniel C. Burke, #5 Exhibit E Biography of Fred Olinde, #6 Exhibit F Biography of Timothy Porter, #7 Exhibit G Biography of Raymond P. Boucher, #8 Exhibit H Biography of Erin Copeland, #9 Exhibit I - Biography of Yvonne M. Flaherty, #10 Exhibit J Biography of Jennifer Lenze, #11 Exhibit K Biography of Kim Loutey, #12 Exhibit L Biography of Frank M. Petosa, #13 Exhibit M Biography of Jay Prather, #14 Exhibit N Biography of Steven W. Teppler, #15 Exhibit O Biography of Matthew L. White, #16 Proposed Order)Associated Cases: 5:18-md-02809-KKC et al. Filed per QC re DE [159 in 5:18-md-2809] NOTE: Clerk verified that while the Exhibit E is incorrectly labeled Exhibit F on the pdf image it contains the the Biography of Mr. Olinde referred to in the Memorandum in Support as Exhibit E.(CBD) Filed per QC re [DE 159 in 5:18-md-2809]. Modified on 8/29/2018 (CBD). (Additional attachment(s) added on 9/6/2018: #17 Memorandum in Support) (CBD). |
Filing 159 INCORRECTLY FILED - MOTION Plaintiffs' Motion for Appointment of Designated Counsel by Jerald Adams, Billy Alexander, John H. Anderson, Jr, Edwin Asencio, Allen Atkins, Sr., Shelia Austin, Diane Bakalyar, Francoisce Baker, Minnie Banks(5:18-cv-304 - on behalf of all wrongful death beneficiaries and as personal representative of the estate of the ), Minnie Banks(5:18-cv-304 - Individually), Wilma Barner, Kathy Barnes, Ruben Barrientes, Harvey Beeler, Susan Berry, Eddie Billington, Earl Binns, Susan Birk, Robert Bivins, Margie Black, Neva Boller, Teresa Booth (5:18-cv-235 - as Personal Representative of the ), Teresa Booth (5:18-cv-235 - Individually ), Jerry Brittain, Bobbie Brown, Jeffrey L. Brown(5:18-cv-390-Individually), Jeffrey L. Brown(5:18-cv-390-as Surviving Spouse), James Butler, David Caldwell, Cheryll Campbell, Tony Campbell, Charles Cannon, Donald Carpenter, Jr, Jennifer Carter, Nicky Carter, Roy Carter, Michael Caston, Wilda Chamberlain, Martha Chapman, Wrendell Chester, Sheryle Christensen, John Clark(5:18-cv-241-as Personal Representative of), John Clark(5:18-cv-241-Individually), Gilbert Corbello, Clarence Couisan, Donielle Cousins, Debbie Crear, Robert Curtis, Rosa Davila, Billy Davis, Mark Davis, Sr, Linda Day, Mary Delaney, Belinda Didericksen, William Dinger Sr., Wayne Driver, Helen Dunn, Roberta Dunn, Allen Ellis, Jay Epps, Robert Ervin, Bailey Erwin, Donnie Vernon Farrell, Donald Forgione, Deanna Fouse, Teresa Ann Freeman, Milagros Ganzalez-McAllister(5:18-cv-240 - Individually), Milagros Ganzalez-McAllister(5:18-cv-240 - as Personal Representative ), Walter Garcia, Lawana Garrette, Richard Garry, Milton George, Jay Gintz, Margie Goforth, Ray Gomez, Juan Gonzalez, Oswald Gooch, Harry Gordon, Audrey Gore(5:18-cv-56 - Individually), Audrey Gore(5:18-cv-56 - as Administrator of the), Susan Gosner, Ethel Green, H.B. Green, Harry Grimes, Carolyn Haley, Raymond Hardin, Angela Hardy, Barbara Harrell, Willie Harris, Sabir Hasan, Michael Havice, Alphonso Hayes, Donald Helire, Olivier Herbert, William Hightower, Christopher Hocker, Anita Rochelle Holland, Mattie Holmes, Bonnie Hopkins, John Howard, Jr, Addie Huff, Carl Hulbert, Cynthia Humphrey, John Wesley Hunt, Sr, Georgia Ishman, Donald Jackson, Sherman Jackson, Carl Jarman, Derrell Johnson, Maisha Johnson(5:18-cv-107 - as Administrator of the), Maisha Johnson(5:18-cv-107 - Individually), Norman Johnson, Wanda Johnson, Mark Jones, Milton Jones, Nancy Kee(5:18-cv-244 - Individually), Nancy Kee(5:18-cv-244 - as Personal Representative of the), John Key, Charles King, Vicki Lacy, Diana Lawrence(5:18-cv-170 as Personal Representative of), Diana Lawrence(5:18-cv-170 Individually ), Kevin LeBlanc, Elmer Leary, Ronald Letell, Catina Loggan, Linda Lucas, Lynda Lyles, Don Lynn, James Mann, Phyllis Marcum(5:18-cv-356 - on behalf of), Phyllis Marcum(5:18-cv-356 -Individually), Michael Martin, Terry Martin, Violet Martin, Jason Mask, Larry Matthews, Druella Maurras, Darryl McAfee, Randall McCall, Sharon McCay(5:18-cv-155 - Representative of), Sharon McCay(5:18-cv-155 - Individually), Cyndy McCugh, Roy McGhee, Marcia McKinley, Therese Medley, Richard Merritt, Kelley Miears, Michael Miller, Veryl Mills, Amy Mitchell(5:18-cv-82 - Proposed Personal Representative on behalf of the Estate of the), Amy Mitchell(5:18-cv-82 - Individually), Jean Mitchell, Michael Moody, David Lester Moore, Shirley Nail, Pixie Nance(5:18-cv-110 - Individually), Pixie Nance(5:18-cv-110 - as Representative of the ), Cathy Nelson, Patsy Nesselrodt, Katherine Orschel, Ceasar Ortega, Jeff Parks, Kimberly Payne, Lisa Arlene Peoples, John Proples, Hank Ray, Diann M. Reeves, Larry Reeves, Patricia Reid, Richard Rimkus, Robert Rosencranse, Gregory Ross, Natalie Ross, Allen Rouse, Hubert Allen Royal, Yvonne Sandoval, April Sechler, Michael Sechler, Susan Settle(5:18-cv-65 - Individually), Susan Settle(5:18-cv-65 - As representative of the estate of), Calvin Sheppard, Christy Dawn Sheppard, Janiet Sheppard, Tommy Lee Dustin Sheppard, Cleotha Silvers, Larry Slaton, Vannessa Slaughter, Gary Smith, Mary Smith, Johny Sosh, Mary Sparkman, Lester Speights, Alberta Spicer, Johann A. Sproule, Jimmy Stacy, Lori Stewart(5:18-cv-268 - on behalf of the Estate of the), Lori Stewart(5:18-cv-268 - Individually), Gail Talton, Bobby L. Taylor, David Taylor, Leatha Taylor, Raul Telles, Cathy Terrell, Chleo Trapp, Ernest Trapp, Cloyd Tucker, Cynthia Turner, Dennis Turner, Debra Underwood, Patrick Utterback, Steven Vallentine, Michael Veloria, James Walz, Charles David Ware, Linda Ware, Timothy Waterman, Alice Watts, Shirley Whiteside(5:18-cv-373 - Individually), Shirley Whiteside(5:18-cv-373 - as Administrator of the Estate of), Nichole Wilcox, Carolyn Williams, Rhudenia Williams, Robert Williams, Wiley Williams, Jr, William E. Williams, Audrie Winborne, Michael Winkle, Charles Wood, Barbara Woodruff, Catherine Woods, Patricia Word, Samuel Mwakamsha Yaa, Guadalupe Ybarra, Robbie York, Jacqueline Young, Randolph Young See DE #160 for CORRECTED entry of this pleading. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Proposed Order)(Moore, Jennifer) Modified text on 8/27/2018 (CBD). |
Filing 158 CONDITIONAL TRANSFER ORDER No. 19 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (CBD) |
MEMBER CASE OPENED: New York Southern, 1:18-cv-07054, Barrientes v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00505-KKC pursuant to #158 Conditional Transfer Order 19 cc: COR, JPMDL (CBD) |
Filing 157 CONDITIONAL TRANSFER ORDER No. 18 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (TDA) |
MEMBER CASE OPENED: Northern District of Georgia, 3:18-cv-00082, Williams et al v. Bristol-Meyers Squibb Co., Inc. et al Opened in Kentucky Eastern District as 5:18-cv-496-KKC pursuant to #157 Conditional Transfer Order 18. cc: COR, JPMDL (TDA) |
NOTICE OF DOCKET MODIFICATION TO Patrick N. Haines re (18 in 5:18-cv-00394-KKC) Response to Order to Show Cause. Error: Attorney filed the document in the individual member case file only. Pursuant to the Court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) 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 re-filed the document in the master and spread to the related member case. 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: 5:18-md-02809-KKC, 5:18-cv-00394-KKC(CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: Notice of of Withdrawal of Counsel, Ashley Crooks (16 in 5:18-cv-00394-KKC, 154 in 5:18-md-02809-KKC). Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00394-KKC(CBD) |
Filing 156 RESPONSE to the Court's Show Cause Order (12 in 5:18-cv-00394-KKC, 149 in 5:18-md-02809-KKC) filed by Alice Watts, Alice Watts. Filed pursuant o QC re #18 in Member Case 5:18-cv-394 Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00394-KKC(CBD) |
Filing 155 Mail Returned as Undeliverable. Mail sent to Patrick N. Haines re Order (148 in 5:18-md-02809-KKC, 11 in 5:18-cv-00394-KKC). Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00394-KKC(CBD) |
Filing 154 NOTICE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc. of Withdrawal of Counsel, Ashley Crooks Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00394-KKC(Ullman, Emily) |
Filing 153 NOTICE OF APPEARANCE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc.. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00394-KKC(Schmidt, Paul) |
Filing 152 NOTICE OF APPEARANCE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc.. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00394-KKC(Ullman, Emily) |
Filing 151 NOTICE OF APPEARANCE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc.. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00394-KKC(Jones, Phyllis) |
***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: (155 in 5:18-md-02809-KKC, 17 in 5:18-cv-00394-KKC) Mail Returned to Patrick N. Haines. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00394-KKC(CBD) |
Filing 150 WAIVER OF SERVICE Returned Executed by Harry Grimes. AstraZeneca Pharmaceuticals LP waiver sent on 7/19/2018, answer due 9/17/2018; Bristol-Myers Squibb Company waiver sent on 7/19/2018, answer due 9/17/2018. (5:18-md-2809, 5:18-cv-167) Modified text on 7/25/2018 (CBD). |
Set Deadlines/Hearings: Show Cause Response due by 8/10/2018. (CBD) |
Filing 149 ORDER: The following attorneys (Daniel Brent Graves Elaina Marie Osteen Rachael Elizabeth Gusman William Chadwick McClain Ashley Crooks Patrick Haines), 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 7/24/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR w/ copy of 2809 ECF Form to non-registered attorneys |
Filing 148 ORDER: This action is hereby scheduled for a PRELIMINARY STATUS CONFERENCE on 9/7/2018 at 10:00 AM in LEXINGTON, Ky. Any party who wishes to do so before the conference, may submit the pre-conference filings via email to (see order). All such submissions must be received by Friday, August 24, 2018. At the conference, counsel must be prepared to discuss the following: 1) Any matters requiring the Courts immediate attention; 2) The need for the appointment of lead counsel, liaison counsel, and an executive committee and/or a steering committee for each party with functions as generally described in the Manual for Complex Litigation, 10.221; 3) The nature and potential dimensions of the litigation; 4) The major procedural and substantive problems likely to be encountered; 5) Any general proposals for the organization and structure of the pre-trial phases of this litigation; and 6) Suggestions on the content and timing of a specific case management order including a proposed discovery plan and a suggested schedule for joinder of parties, amendment of pleadings, motions, status conferences with the Court, and trial. Signed by Judge Karen K. Caldwell on 7/20/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR w/ copy of 2809 ECF Form to non-registered filers, Lex Diary. Modified cc on 7/20/2018 (CBD). |
Filing 147 AFFIDAVIT of Service for summons and complaint served on Bristol-Myers Squibb Company on 6/28/2018, filed by Donald Forgione. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00247-KKC(Sedgh, Jonathan) |
NOTICE OF DOCKET MODIFICATION TO Jonathan Sedgh Affidavit of Service filed as (115 in 5:18-md-02809-KKC, 13 in 5:18-cv-00255-KKC); Error: Incorrect service date for defendant Bristol-Myers Squibb Company entered; Entry by attorney; Correction: Clerk modified text to show service date of 6/29/2018; No further action required. cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00255-KKC(CBD) |
NOTICE OF ACTION BY CLERK STRIKING A DOCUMENT FROM THE RECORD. Affidavit of Service filed as (133 in 5:18-md-02809-KKC, 14 in 5:18-cv-00247-KKC) contained an INCORRECT PDF document filed as main document; Attorney having re- filed the corrected Affidavit of Service no further action is required. *SCD* cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00247-KKC(CBD) |
Set/Reset Hearings: PRELIMINARY STATUS CONFERENCE set for 9/7/2018 at 10:00 AM in LEXINGTON before Judge Karen K. Caldwell. (CBD) |
Filing 146 AFFIDAVIT of Service for summons and complaint served on AstraZeneca Pharmaceuticals LP on 6/28/2018, filed by Katherine Orschel. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00243-KKC(Sedgh, Jonathan) |
Filing 145 AFFIDAVIT of Service for summons and complaint served on Bristol-Myers Squibb Company on 6/28/2018, filed by Katherine Orschel. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00243-KKC(Sedgh, Jonathan) |
Filing 144 AFFIDAVIT of Service for summons and complaint served on AstraZeneca Pharmaceuticals LP on 6/28/2018, filed by Allen Rouse. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00250-KKC(Sedgh, Jonathan) |
Filing 143 AFFIDAVIT of Service for summons and complaint served on AstraZeneca LP on 6/28/2018, filed by Allen Rouse. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00250-KKC(Sedgh, Jonathan) |
Filing 142 AFFIDAVIT of Service for summons and complaint served on Bristol-Myers Squibb Company on 6/28/2018, filed by Allen Rouse. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00250-KKC(Sedgh, Jonathan) |
Filing 141 AFFIDAVIT of Service for summons and complaint served on AstraZeneca Pharmaceuticals LP on 6/28/2018, filed by Violet Martin. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00370-KKC(Sedgh, Jonathan) |
Filing 140 AFFIDAVIT of Service for summons and complaint served on AstraZeneca LP on 6/28/2018, filed by Violet Martin. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00370-KKC(Sedgh, Jonathan) |
Filing 139 AFFIDAVIT of Service for summons and complaint served on Bristol-Myers Squibb Company on 6/28/2018, filed by Violet Martin. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00370-KKC(Sedgh, Jonathan) |
Filing 138 AFFIDAVIT of Service for summons and complaint served on AstraZeneca LP on 6/28/2018, filed by Shirley Whiteside(Individually). Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00373-KKC(Sedgh, Jonathan) |
Filing 137 AFFIDAVIT of Service for summons and complaint served on AstraZeneca Pharmaceuticals LP on 6/28/2018, filed by Shirley Whiteside(Individually). Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00373-KKC(Sedgh, Jonathan) |
Filing 136 AFFIDAVIT of Service for summons and complaint served on Bristol-Myers Squibb Company on 6/28/2018, filed by Shirley Whiteside(Individually). Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00373-KKC(Sedgh, Jonathan) |
Filing 135 AFFIDAVIT of Service for summons and complaint served on AstraZeneca Pharmaceuticals LP on 6/28/2018, filed by Donald Forgione. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00247-KKC(Sedgh, Jonathan) |
Filing 134 AFFIDAVIT of Service for summons and complaint served on AstraZeneca LP on 6/28/2018, filed by Donald Forgione. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00247-KKC(Sedgh, Jonathan) |
Filing 133 STRICKEN FROM DOCKET: INCORRECT pdf image attached PURSUANT to Notice of Action Striking Document filed on 7/20/2018. Modified on 7/20/2018 (CBD). |
Filing 132 AFFIDAVIT of Service for summons and complaint served on AstraZeneca Pharmaceuticals LP on 6/29/2018, filed by Nicky Carter. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00245-KKC(Sedgh, Jonathan) |
Filing 131 AFFIDAVIT of Service for summons and complaint served on AstraZeneca LP on 6/29/2018, filed by Nicky Carter. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00245-KKC(Sedgh, Jonathan) |
Filing 130 AFFIDAVIT of Service for summons and complaint served on Bristol-Myers Squibb Company on 6/29/2018, filed by Nicky Carter. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00245-KKC(Sedgh, Jonathan) |
Filing 129 AFFIDAVIT of Service for summons and complaint served on AstraZeneca Pharmaceuticals LP on 6/29/2018, filed by James Butler. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00375-KKC(Sedgh, Jonathan) |
Filing 128 AFFIDAVIT of Service for summons and complaint served on AstraZeneca LP on 6/29/2018, filed by James Butler. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00375-KKC(Sedgh, Jonathan) |
Filing 127 AFFIDAVIT of Service for summons and complaint served on Bristol-Myers Squibb Company on 6/29/2018, filed by James Butler. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00375-KKC(Sedgh, Jonathan) |
Filing 126 AFFIDAVIT of Service for summons and complaint served on AstraZeneca LP on 6/29/2018, filed by Ernest Trapp. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00260-KKC(Sedgh, Jonathan) |
Filing 125 AFFIDAVIT of Service for summons and complaint served on AstraZeneca Pharmaceuticals LP on 6/29/2018, filed by Ernest Trapp. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00260-KKC(Sedgh, Jonathan) |
Filing 124 AFFIDAVIT of Service for summons and complaint served on Bristol-Myers Squibb Company on 6/29/2018, filed by Ernest Trapp. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00260-KKC(Sedgh, Jonathan) |
Filing 123 AFFIDAVIT of Service for summons and complaint served on AstraZeneca Pharmaceuticals LP on 6/29/2018, filed by Timothy Waterman. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00254-KKC(Sedgh, Jonathan) |
Filing 122 AFFIDAVIT of Service for summons and complaint served on AstraZeneca LP on 6/29/2018, filed by Timothy Waterman. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00254-KKC(Sedgh, Jonathan) |
Filing 121 AFFIDAVIT of Service for summons and complaint served on Bristol-Myers Squibb Company on 6/29/2018, filed by Timothy Waterman. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00254-KKC(Sedgh, Jonathan) |
Filing 120 AFFIDAVIT of Service for summons and complaint served on AstraZeneca Pharmaceuticals LP on 6/29/2018, filed by Michael Havice. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00253-KKC(Sedgh, Jonathan) |
Filing 119 AFFIDAVIT of Service for summons and complaint served on AstraZeneca LP on 6/29/2018, filed by Michael Havice. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00253-KKC(Sedgh, Jonathan) |
Filing 118 AFFIDAVIT of Service for summons and complaint served on Bristol-Myers Squibb Company on 6/29/2018, filed by Michael Havice. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00253-KKC(Sedgh, Jonathan) |
Filing 117 AFFIDAVIT of Service for summons and complaint served on AstraZeneca LP on 6/29/2018, filed by Oswald Gooch. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00255-KKC(Sedgh, Jonathan) |
Filing 116 AFFIDAVIT of Service for summons and complaint served on AstraZeneca Pharmaceuticals LP on 6/29/2018, filed by Oswald Gooch. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00255-KKC(Sedgh, Jonathan) |
Filing 115 AFFIDAVIT of Service for summons and complaint served on Bristol-Myers Squibb Company on 6/29/2018, filed by Oswald Gooch. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00255-KKC(Sedgh, Jonathan) Modified text on 7/20/2018 (CBD). |
Filing 114 AFFIDAVIT of Service for summons and complaint served on AstraZeneca LP on 6/28/2018, filed by Johann A. Sproule. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00368-KKC(Sedgh, Jonathan) |
Filing 113 AFFIDAVIT of Service for summons and complaint served on AstraZeneca Pharmaceuticals LP on 6/28/2018, filed by Johann A. Sproule. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00368-KKC(Sedgh, Jonathan) |
Filing 112 AFFIDAVIT of Service for summons and complaint served on Bristol-Myers Squibb Company on 6/28/2018, filed by Johann A. Sproule. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00368-KKC(Sedgh, Jonathan) |
Filing 111 AFFIDAVIT of Service for summons and complaint served on AstraZeneca LP on 6/28/2018, filed by Susan Gosner. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00369-KKC(Sedgh, Jonathan) |
Filing 110 AFFIDAVIT of Service for summons and complaint served on AstraZeneca Pharmaceuticals LP on 6/28/2018, filed by Susan Gosner. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00369-KKC(Sedgh, Jonathan) |
Filing 109 AFFIDAVIT of Service for summons and complaint served on Bristol-Myers Squibb Company on 6/28/2018, filed by Susan Gosner. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00369-KKC(Sedgh, Jonathan) |
Filing 108 AFFIDAVIT of Service for summons and complaint served on AstraZeneca LP on 6/28/2018, filed by Robert Ervin. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00372-KKC(Sedgh, Jonathan) |
Filing 107 AFFIDAVIT of Service for summons and complaint served on AstraZeneca Pharmaceuticals LP on 6/28/2018, filed by Robert Ervin. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00372-KKC(Sedgh, Jonathan) |
Filing 106 AFFIDAVIT of Service for summons served on Bristol-Meyers Squibb Company on 6/28/2018, filed by Robert Ervin. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00372-KKC(Sedgh, Jonathan) |
Filing 105 NOTICE of Appearance by Jonathan Michael Sedgh on behalf of Johann A. Sproule Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00368-KKC(Sedgh, Jonathan) |
Filing 104 NOTICE of Appearance by Jonathan Michael Sedgh on behalf of Susan Gosner Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00369-KKC(Sedgh, Jonathan) |
Filing 103 NOTICE of Appearance by Jonathan Michael Sedgh on behalf of Robert Ervin Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00372-KKC(Sedgh, Jonathan) |
MEMBER CASE OPENED: New York Southern, 1:18-cv-02744, Miears v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00449-KKC pursuant to #97 Conditional Transfer Order 17 cc: COR, JPMDL (CBD) |
NOTICE OF DOCKET MODIFICATION TO Randi Kassan re (13 in 5:18-cv-00390-KKC) Notice of Appearance. Error: Document was filed in the member cases only. Pursuant to the court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) attorney should have filed the document identified above in the master case and spread text to the related member case; Entry by Attorney; Correction: Clerk has added counsel of record referenced in the Notice to the party in the master case. No further action required by counsel as to this error. cc cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00390-KKC(CBD) |
MEMBER CASE OPENED: Southern District of New York, 1:18-cv-02893, McCugh v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-450-KKC pursuant to #97 Conditional Transfer Order 17. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: New York Southern, 1:18-cv-02643, Nelson v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00448-KKC pursuant to #97 Conditional Transfer Order 17 cc: COR, JPMDL (CBD) |
Attorney Update. Attorney Daniel John Carr for Don Lynn, Daniel John Carr for Willie Harris, Daniel John Carr for Jerry Brittain, Daniel John Carr for Michael Veloria, Daniel John Carr for Jimmy Stacy, Daniel John Carr for Audrie Winborne, Daniel John Carr for Cheryll Campbell, Daniel John Carr for Jay Epps, Daniel John Carr for Mark Jones, Daniel John Carr for Dennis Turner, Daniel John Carr for Lori Stewart, Daniel John Carr for Lori Stewart, added. Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
Filing 102 SUMMONS Returned Executed by Mark Davis, Sr via personal service to AstraZeneca Pharmaceuticals LP served on 6/29/2018, answer due 7/20/2018. (Burke, Daniel) |
Filing 101 SUMMONS Returned Executed by Mark Davis, Sr via personal service to to Bristol-Myers Squibb Company served on 6/29/2018, answer due 7/20/2018. (Burke, Daniel) Modified text on 7/6/2018 (CBD). |
Filing 97 CONDITIONAL TRANSFER ORDER No. 17 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (CBD) |
NOTICE OF DOCKET MODIFICATION TO LAUREL HARRIS re ( #94 , #95 , #96 in 5:18-md-02809-KKC) Request for Waiver of Service; Entry by Attorney; Error: This is an Affidavit of Service AND a Request for Waiver of Service. The document was filed only as a request for waiver of service when the document should be filed as two separate entries; Clerk re-filed the document as an Affidavit of Service in the master and member cases. Counsel is advised to contact the ECF Help Desk at 1-866-485-6349 when assistance is needed in filing in these cases. No further steps required by counsel. cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00337-KKC, 5:18-cv-00341-KKC, 5:18-cv-00342-KKC (TDA) |
Filing 100 AFFIDAVIT OF SERVICE of summons and complaint, served on AstraZeneca LP on 7/3/2018, filed by Michael Moody. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00342-KKC. FILED pursuant to QC re #96 in 18-md-2809. (TDA) |
Filing 99 AFFIDAVIT OF SERVICE of summons and complaint, served on AstraZeneca LP on 7/3/2018, filed by Helen Dunn. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00341-KKC. FILED pursuant to QC re #95 in 18-md-2809(TDA) |
Filing 98 AFFIDAVIT OF SERVICE of summons and complaint, served AstraZeneca LP on 7/3/18, filed by Belinda Didericksen. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00337-KKC FILED pursuant to QC re #94 in 18-md-2809 (TDA) |
Filing 96 REQUESTS FOR WAIVER of Service sent to Bristol-Meyers Squibb Company, AstraZeneca Pharmaceuticals LP on 6/27/2018 by plaintiffs. Waivers of Service due by 7/28/2018. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00342-KKC(Harris, Laurel) Modified text on 7/6/2018 (CBD). |
Filing 95 REQUESTS FOR WAIVER of Service sent to Bristol-Meyers Squibb Company, AstraZeneca Pharmaceuticals LP on 6/27/2018 by plaintiffs. Waivers of Service due by 7/28/2018. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00341-KKC(Harris, Laurel) Modified text on 7/6/2018 (CBD). |
Filing 94 REQUEST FOR WAIVER of Service sent to Bristol-Meyers Squibb Company, Astrazeneca Pharmaceuticals LP on 6/27/2018 by plaintiff. Waiver of Service due by 7/28/2018. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00337-KKC(Harris, Laurel) Modified text on 7/6/2018 (CBD). |
Filing 93 REQUESTS FOR WAIVER of Service sent to Bristol-Meyers Squibb Company, Astrazeneca Pharmaceuticals LP, McKesson Corporation on 6/27/2018 by plaintiffs. Waivers of Service due by 7/28/2018. Associated Cases: 5:18-md-02809-KKC et al.(Harris, Laurel) Modified text on 7/6/2018 (CBD). |
Filing 92 SUMMONS Returned Executed by Oswald Gooch (5:18-cv-255) via personal to Bristol-Myers Squibb Company, Inc. served on 6/29/2018, answer due 7/20/2018. (Sedgh, Jonathan) Modified text on 7/3/2018 (CBD). |
Filing 91 SUMMONS Returned Executed by Nicky Carter (5:18-cv-245) via Personal to Bristol-Myers Squibb Company, Inc. served on 6/29/2018, answer due 7/20/2018. (Sedgh, Jonathan) Modified text on 7/3/2018 (CBD). |
Filing 90 ORDER: that the Show Cause Order (83 in 5:18-md-02809-KKC, et al) entered June 13, 2018, is hereby DISCHARGED. Signed by Judge Karen K. Caldwell on 6/28/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR w/ 2809 ECF Form to non-registered filers. Modified cc on 6/28/2018 (CBD). |
Filing 89 ORDER OF DISMISSAL WITHOUT PREJUDICE: In accordance with the stipulation ( #24 in case 5:18-md-02809-KKC; #24 in case 5:18-cv-00133-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudiced and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 6/21/2018. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00133-KKC(CBD)cc: COR Modified text on 6/21/2018 (CBD). |
Filing 88 ORDER OF DISMISSAL WITHOUT PREJUDICE: In accordance with the stipulation ( #39 in case 5:18-md-02809-KKC; #30 in case 5:18-cv-00144-KKC) filed by the parties, the Court hereby ORDERS that this matter is DISMISSED without prejudiced and STRICKEN from the Court's active docket. Signed by Judge Karen K. Caldwell on 6/21/2018. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00144-KKC(CBD)cc: COR |
NOTICE OF DOCKET MODIFICATION TO TIMOTHY CLARK re Notice of Change of Address filed as (87 in 5:18-md-2809-KKC et al); Entry by Attorney; Error #1: Attorney failed to file document in all member cases listed (5:18-cv-62; 5:18-cv-119; 5:18-cv-139; 5:18-cv-262); Clerk updated address in all member cases listed. Clerk further added counsel in (5:18-cv-62) due to being included on the case filing list. Error #2: Incorrectly filed document in a member case not listed. Clerk modified the docket text of (5:18-cv-120) to state "incorrectly filed." No further action required by counsel as to this error. cc: COR (TDA) |
Attorney Update. Attorney Timothy Michael Clark for Cloyd Tucker, added per DE #87 in 18-2809. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00062-KKC(TDA) |
Filing 87 NOTICE of Change of Address by Timothy Michael Clark Associated Cases: 5:18-md-02809-KKC et al.(Clark, Timothy) |
Filing 86 NOTICE of Change of Address by Robert A. Mosier Associated Cases: 5:18-md-02809-KKC et al.(Mosier, Robert) |
Filing 85 NOTICE of Change of Address by Lauren Aliz Welling Associated Cases: 5:18-md-02809-KKC et al.(Welling, Lauren) |
MEMBER CASE OPENED: Northern District of Texas, 3:18-cv-1400, Watts v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-394-KKC pursuant to #84 Conditional Transfer Order 16. cc: COR, JPMDL (TDA) |
Filing 84 CONDITIONAL TRANSFER ORDER No. 16 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (TDA) |
Filing 83 ORDER TO SHOW CAUSE: The Court hereby ORDERS that the above counsel (Jason Murphy) SHALL SHOW CAUSE in a writing filed by no later than June 26, 2018 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 6/13/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR w/ 2809 Reg. Form to J. Murphy via US Mail |
Filing 82 ORDER: the Show Cause Order (72 in 5:18-md-02809-KKC, et al) entered May 21, 2018, is hereby DISCHARGED. Signed by Judge Karen K. Caldwell on 6/13/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR |
MEMBER CASE OPENED: Oklahoma Northern, 4:18-cv-190, Brown v. Bristol-Myers Squibb Company et al. Opened in Kentucky Eastern District as 5:18-cv-390-KKC pursuant to #81 Conditional Transfer Order 15 cc: COR, JPMDL (MRS) |
Filing 81 CONDITIONAL TRANSFER ORDER No. 15 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (CBD) |
MEMBER CASE OPENED: New York Southern, 1:18-cv-02896, Davis v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00386-KKC pursuant to #81 Conditional Transfer Order 15 cc: COR, JPMDL (CBD) |
Attorney Update. Attorney Alfred A. Olinde, Jr for Wilma Barner,Alfred A. Olinde, Jr for Sheryle Christensen,Alfred A. Olinde, Jr for Wayne Driver,Alfred A. Olinde, Jr for Willie Harris,Alfred A. Olinde, Jr for Mark Jones,Alfred A. Olinde, Jr for Don Lynn,Alfred A. Olinde, Jr for Phyllis Marcum,Alfred A. Olinde, Jr for Phyllis Marcum,Alfred A. Olinde, Jr for Jimmy Stacy,Alfred A. Olinde, Jr for Michael Veloria,Alfred A. Olinde, Jr for Audrie Winborne,Alfred A. Olinde, Jr for Robbie York Alfred A. Olinde for Don Lynn, Alfred A. Olinde for Willie Harris, Alfred A. Olinde for Robbie York, Alfred A. Olinde for Sheryle Christensen, Alfred A. Olinde for Michael Veloria, Alfred A. Olinde for Phyllis Marcum, Alfred A. Olinde for Phyllis Marcum, Alfred A. Olinde for Jimmy Stacy, Alfred A. Olinde for Audrie Winborne, Alfred A. Olinde for Mark Jones, Alfred A. Olinde for Wayne Driver, Alfred A. Olinde for Wilma Barner, added. Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
Filing 80 NOTICE by Don Lynn, Robbie York, Sheryle Christensen, Michael Veloria, Phyllis Marcum(on behalf of), Jimmy Stacy, Audrie Winborne, Mark Jones, Wayne Driver, Wilma Barner, Willie Harris of Appearance of Alfred A. Olinde, Jr. as Co-Counsel of Record Associated Cases: 5:18-md-02809-KKC et al.(Carr, Daniel) |
NOTICE OF DOCKET MODIFICATION TO W. Berman re (12 in 5:18-cv-00167-KKC) Response to Order to Show Cause. Error: Document was filed in the member case only. Pursuant to the court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) attorney should have filed the document in the master case and spread text to the related member case. Entry by Attorney. No further action required by counsel as to this error. cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00167-KKC(CBD) |
Filing 79 RESPONSE TO ORDER TO SHOW CAUSE by Patsy Nesselrodt filed by Patsy Nesselrodt. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00164-KKC(Kassan, Randi) |
Filing 78 RESPONSE TO ORDER TO SHOW CAUSE by Lawana Garrette, Catina Loggan, Barbara Harrell, Druella Maurras filed by Lawana Garrette, Catina Loggan, Barbara Harrell, Druella Maurras. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00246-KKC, 5:18-cv-00249-KKC, 5:18-cv-00252-KKC, 5:18-cv-00257-KKC(Kassan, Randi) |
MEMBER CASE OPENED: New York Southern, 1:18-cv-02913, Butler v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00375-KKC pursuant to #77 Conditional Transfer Order CTO 14. cc: COR, JPMDL (CBD) |
Filing 77 CONDITIONAL TRANSFER ORDER No. 14 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (CBD) |
NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD: Error: Incorrect file date entered; Entry by Clerk; Correction: Clerk changed the file date from 5/31/18 to 5/30/18; No further steps to be taken by counsel cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00374-KKC(MRS) |
MEMBER CASE OPENED: Oklahoma Eastern, 6:18-cv-92, Sheppard et al., v. Bristol Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-374-KKC pursuant to #74 Conditional Transfer Order 13 cc: COR, JPMDL (MRS) Modified file date on 5/31/2018 (MRS). |
Filing 76 NOTICE OF APPEARANCE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Astrazeneca Pharmaceuticals, LP, Bristol-Myers Squibb Company, Inc., Bristol-Myers Company, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc.. Associated Cases: 5:18-md-02809-KKC et al.(Schmidt, Paul) |
Filing 75 NOTICE OF APPEARANCE by AstraZeneca Pharmaceuticals LP, AstraZeneca Pharmaceuticals LP, AstraZeneca Pharmaceuticals LP, Astrazeneca Pharmaceuticals LP, Astrazeneca Pharmaceuticals, LP, Bristol-Meyer Squibb Co., Inc., Bristol-Meyers Squibb Company, Bristol-Myers Squibb Company, Bristol-Myers Squibb Company, Bristol-Myers Squibb Company, Inc., Bristol-Myers Squibb Company, Inc., Brystol-Myers Squibb Company, McKesson Corp, McKesson Corporation, McKesson Corporation, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC et al.(Schmidt, Paul) |
MEMBER CASE OPENED: Oklahoma Eastern, 6:18-cv-94, Ervin v. Bristol-Myers Squibb Company et al. Opened in Kentucky Eastern District as 5:18-cv-372-KKC pursuant to #74 Conditional Transfer Order 13 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Southern District of West Virginia, 2:18-cv-500, Whiteside et al v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-373-KKC pursuant to #74 Conditional Transfer Order 13. cc: COR, JPMDL (TDA) |
Filing 74 CONDITIONAL TRANSFER ORDER No. 13 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (CBD) |
MEMBER CASE OPENED: Arizona, 4:18-cv-00168, Sproule v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00368-KKC pursuant to #74 Conditional Transfer Order CTO 13 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Arizona, 4:18-cv-00169, Gosner v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00369-KKC pursuant to #74 Conditional Transfer Order CTO 13 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Northern District of West Virginia, 3:18-cv-00045, Martin v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-370-KKC pursuant to #74 Conditional Transfer Order 13. cc: COR, JPMDL (TDA) |
Filing 73 ORDER: The following attorneys (Jonathan Michael Sedgh, Tina M. Bullock, Michael B. Lynch, Jason Murphy), 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 5/21/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR w/ copy of 2809 ECF Reg. Form to non-registered filers Modified text on 5/21/2018 (CBD). |
Filing 72 ORDER TO SHOW CAUSE: The following attorneys have failed to comply with the Court's order: Jeffrey Alan and Travers W. Steven Berman The Court hereby ORDERS that each of the above counsel SHALL SHOW CAUSE in a writing filed by no later than June 4, 2018 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 5/21/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR, w/ copy of 2809 ECF Registration form to Travers and Berman |
MEMBER CASE OPENED: Middle District of Tennessee, 3:18-cv-341, Hocker v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-357-KKC pursuant to #50 Conditional Transfer Order 11. cc: COR, JPMDL (TDA) |
Filing 71 CONDITIONAL TRANSFER ORDER No. 12 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (MRS) |
MEMBER CASE OPENED: Ohio Southern, 2:18-cv-407, Marcum v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-356-KKC pursuant to #71 Conditional Transfer Order 12 cc: COR, JPMDL (MRS) |
Filing 70 ORDER: The Court having been advised that all counsel listed in the Order to Show Cause (DE 36 in 5:18-md-02809-KKC) have registered to file pleadings electronically in the ECF system, responded in writing and/or withdrawn as counsel, IT IS ORDERED that the Show Cause entered April 18, 2018, is hereby DISCHARGED. Signed by Judge Karen K. Caldwell on 5/8/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR w/ copy of 2809 ECF Form to non-registered counsel via US Mail |
MEMBER CASE OPENED: Louisiana Eastern, 2:18-cv-3586, Couisan v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-354-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Louisiana Eastern, 2:18-cv-3589, Rimkus vs. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-355-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
Filing 69 NOTICE OF APPEARANCE by Kevin LeBlanc. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00320-KKC(Harris, Laurel) |
Filing 68 NOTICE OF APPEARANCE by Olivier Herbert. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00303-KKC(Harris, Laurel) |
Filing 67 NOTICE OF APPEARANCE by Gilbert Corbello. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00300-KKC(Harris, Laurel) |
Filing 66 NOTICE OF APPEARANCE by Shelia Austin. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00305-KKC(Harris, Laurel) |
Filing 65 NOTICE OF FILING by Hubert Allen Royal, John Key, Hubert Allen Royal, John Key re (55 in 5:18-md-02809-KKC) Response to Order to Show Cause, (Attachments: #1 Exhibit Certificate of Service)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00242-KKC, 5:18-cv-00256-KKC(Kassan, Randi) |
Filing 64 NOTICE OF FILING by Nichole Wilcox, Nichole Wilcox re (54 in 5:18-md-02809-KKC) Response to Order to Show Cause (Attachments: #1 Exhibit Certificate of Service)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00061-KKC(Kassan, Randi) |
Filing 63 NOTICE OF FILING by Therese Medley, Therese Medley re (53 in 5:18-md-02809-KKC) Response to Order to Show Cause (Attachments: #1 Exhibit Certificate of Service)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00126-KKC(Kassan, Randi) |
Filing 62 NOTICE OF FILING by Milagros Ganzalez-McAllister(Individually), Milagros Ganzalez-McAllister(as Personal Representative), Charles Wood, Milagros Ganzalez-McAllister(5:18-cv-240 - Individually), Milagros Ganzalez-McAllister(5:18-cv-240 - as Personal Representative ), Kimberly Payne, Charles Wood, Kimberly Payne re (52 in 5:18-md-02809-KKC) Response to Order to Show Cause,,, (Attachments: #1 Exhibit Certificate of Service)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00233-KKC, 5:18-cv-00239-KKC, 5:18-cv-00240-KKC(Kassan, Randi) |
Attorney Update. Attorney Laurel Li Harris for Shelia Austin,Laurel Li Harris for Gilbert Corbello,Laurel Li Harris for Kevin LeBlanc Laurel Li Harris for Olivier Herbert, added. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00300-KKC, 5:18-cv-00303-KKC, 5:18-cv-00305-KKC, 5:18-cv-00320-KKC(CBD) |
MEMBER CASE OPENED: Ohio Northern, 18-cv-762, Black v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-352-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
Filing 61 RESPONSE TO ORDER TO SHOW CAUSE by Harry Grimes, Diann M. Reeves, Larry Reeves, Allen Atkins, Sr., Maisha Johnson(Administrator to the), Maisha Johnson(Individually ), April Sechler, Michael Sechler, Georgia Ishman, Catherine Woods, H.B. Green, Edwin Asencio, Amy Mitchell(Individually), Amy Mitchell(Proposed Personal Representative on behalf of the), Darryl McAfee, Edwin Asencio, Allen Atkins, Sr., Earl Binns, Linda Day, Ethel Green, H.B. Green, Harry Grimes, Georgia Ishman, Maisha Johnson(5:18-cv-107 - as Administrator of the), Maisha Johnson(5:18-cv-107 - Individually), Amy Mitchell(5:18-cv-82 - Proposed Personal Representative on behalf of the Estate of the), Amy Mitchell(5:18-cv-82 - Individually), Diann M. Reeves, Larry Reeves, April Sechler, Michael Sechler, Gail Talton, Robert Williams, Catherine Woods, Earl Binns, Linda Day, Robert Williams, Gail Talton filed by Harry Grimes, Diann M. Reeves, Larry Reeves, Allen Atkins, Sr., Maisha Johnson(Administrator to the), Maisha Johnson(Individually ), April Sechler, Michael Sechler, Georgia Ishman, Catherine Woods, H.B. Green, Edwin Asencio, Amy Mitchell(Individually), Amy Mitchell(Proposed Personal Representative on behalf of the), Darryl McAfee, Edwin Asencio, Allen Atkins, Sr., Earl Binns, Linda Day, Ethel Green, H.B. Green, Harry Grimes, Georgia Ishman, Maisha Johnson(5:18-cv-107 - as Administrator of the), Maisha Johnson(5:18-cv-107 - Individually), Amy Mitchell(5:18-cv-82 - Proposed Personal Representative on behalf of the Estate of the), Amy Mitchell(5:18-cv-82 - Individually), Diann M. Reeves, Larry Reeves, April Sechler, Michael Sechler, Gail Talton, Robert Williams, Catherine Woods, Earl Binns, Linda Day, Robert Williams, Gail Talton. (Attachments: #1 Exhibit Certificate of Service)Associated Cases: 5:18-md-02809-KKC et al.(Sacks, Shayna) |
NOTICE OF DEFICIENCY TO RANDI KASSAN re ( #10 in 5:18-cv-00240-KKC, #10 in 5:18-cv-00239-KKC, #52 in 5:18-md-02809-KKC, #10 in 5:18-cv-00233-KKC) Response to Order to Show Cause, attorney failed to submit a certificate of service with pleading. Pursuant to the Court's Order Regarding Practice and Procedure (DE #3 in 5:18-md-2809) each pleading must have the modified certificate of service referred to therein. Entry by attorney. Within 7 calendar days, prepare a document entitled "Notice of Filing" (with a certificate of service). Using the event "Notice of Filing," attach the certificate of service, and create a link to the related docket entry. cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00233-KKC, 5:18-cv-00239-KKC, 5:18-cv-00240-KKC(TDA) |
NOTICE OF DEFICIENCY TO RANDI KASSAN re ( #53 , #54 , #55 in 5:18-md-02809-KKC, et al) Response to Order to Show Cause, attorney failed to submit a certificate of service with pleadings. Pursuant to the Court's Order Regarding Practice and Procedure (DE #3 in 5:18-md-2809) each pleading must have the modified certificate of service referred to therein. Entry by attorney. Within 7 calendar days, prepare a document entitled "Notice of Filing" (with a certificate of service). Using the event "Notice of Filing," attach the certificate of service, and create a link to the related docket entries. cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00061-KKC, 5:18-cv-00126-KKC, 5:18-cv-00242-KKC, 5:18-cv-00256-KKC(TDA) |
Attorney Update. Added Attorneys Paul W. Schmidt, William Edward Steimle, Emily S. Ullman for AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation; Terminated Attorney Robert K. Woo, Jr. for AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: (re #56 in 5:18-md-02809-KKC et al). (TDA) |
Attorney Update. Attorney Cameron James Hoyler terminated. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00094-KKC, 5:18-cv-00095-KKC(TDA) |
Attorney Update. Added Attorney Paul W. Schmidt for AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. Terminated Attorney Robert K. Woo, Jr. for AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. Associated Cases: #57 in 5:18-md-02809-KKC, 5:18-cv-00108-KKC(TDA) |
Attorney Update. Added Attorneys Paul W. Schmidt & Emily Ullman for AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation; Terminated Attorney Stephen B. Devereaux for AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: re #59 in 5:18-md-02809-KKC, 5:18-cv-00140-KKC(TDA) |
Attorney Update. Added Attorney Paul W. Schmidt & Emily Ullman for AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation; Terminated Attorney Robert Bruce Hurley, Jr. for AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: re #60 in 5:18-md-02809-KKC et al.(TDA) |
Attorney Update. Added Attorneys Paul W. Schmidt & Emily Ullman for AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation; Terminated Attorney Ursula Marie Henninger for AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: re #58 in 5:18-md-02809-KKC, 5:18-cv-00070-KKC, 5:18-cv-00104-KKC, 5:18-cv-00113-KKC, 5:18-cv-00115-KKC(TDA) |
Filing 60 NOTICE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation of Withdrawal of Counsel, Robert Bruce Hurley, Jr. Associated Cases: 5:18-md-02809-KKC et al.(Steimle, William) |
Filing 59 NOTICE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation of Withdrawal of Counsel, Stephen B. Devereaux Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00140-KKC(Steimle, William) |
Filing 58 NOTICE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation of Withdrawal of Counsel, Ursula Henninger Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00070-KKC, 5:18-cv-00104-KKC, 5:18-cv-00113-KKC, 5:18-cv-00115-KKC(Steimle, William) |
Filing 57 NOTICE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company of Withdrawal of Counsel, Robert K. Woo, Jr. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00108-KKC(Steimle, William) |
Filing 56 NOTICE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation of Withdrawal of Counsel, Robert K. Woo, Jr. Associated Cases: 5:18-md-02809-KKC et al.(Steimle, William) |
Filing 55 RESPONSE TO ORDER TO SHOW CAUSE by Hubert Allen Royal, John Key, Hubert Allen Royal, John Key (36 in 5:18-md-02809-KKC, 7 in 5:18-cv-00242-KKC) filed by Hubert Allen Royal, John Key, Hubert Allen Royal, John Key. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00242-KKC, 5:18-cv-00256-KKC(Kassan, Randi) |
Filing 54 RESPONSE TO ORDER TO SHOW CAUSE by Nichole Wilcox, Nichole Wilcox (36 in 5:18-md-02809-KKC, 94 in 5:18-cv-00061-KKC) filed by Nichole Wilcox, Nichole Wilcox. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00061-KKC(Kassan, Randi) |
Filing 53 RESPONSE TO ORDER TO SHOW CAUSE by Therese Medley, Therese Medley (36 in 5:18-md-02809-KKC, 39 in 5:18-cv-00126-KKC) filed by Therese Medley, Therese Medley. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00126-KKC(Kassan, Randi) |
Filing 52 RESPONSE TO ORDER TO SHOW CAUSE by Milagros Ganzalez-McAllister(Individually), Milagros Ganzalez-McAllister(as Personal Representative), Charles Wood, Milagros Ganzalez-McAllister(5:18-cv-240 - Individually), Milagros Ganzalez-McAllister(5:18-cv-240 - as Personal Representative ), Kimberly Payne, Charles Wood, Kimberly Payne (36 in 5:18-md-02809-KKC, 7 in 5:18-cv-00239-KKC, 7 in 5:18-cv-00233-KKC, 7 in 5:18-cv-00240-KKC) filed by Milagros Ganzalez-McAllister(Individually), Milagros Ganzalez-McAllister(as Personal Representative), Charles Wood, Milagros Ganzalez-McAllister(5:18-cv-240 - Individually), Milagros Ganzalez-McAllister(5:18-cv-240 - as Personal Representative ), Kimberly Payne, Charles Wood, Kimberly Payne. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00233-KKC, 5:18-cv-00239-KKC, 5:18-cv-00240-KKC(Kassan, Randi) |
Filing 51 NOTICE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company of Withdrawal of Counsel, Cameron James Hoyler Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00094-KKC, 5:18-cv-00095-KKC(Steimle, William) |
Clerk's Note re (36 in 5:18-md-02809-KKC, 94 in 5:18-cv-00061-KKC) Show Cause Order: Counsel Rocklan King's office called the HelpDesk this date to verify address shown on record and confirm he is taking steps to become ECF registered. Clerk confirmed address had an error. Address was corrected and initial packet/orders were mailed via US Mail this date to counsel. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00061-KKC(CBD) |
MEMBER CASE OPENED: Oklahoma Northern, 4:18-cv-186, Nail v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-348-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Eastern District of Texas, 6:18-cv-160, Billington v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-343-KKC pursuant to #50 Conditional Transfer Order 11. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Illinois Southern, 3:18-cv-00751, Caston v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00338-KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Northern District of Texas, 4:18-cv-257, Delaney et al v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-344-KKC pursuant to #50 Conditional Transfer Order 11. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Oklahoma Northern, 4:18-cv-187, Dunn v. Bristol-Myers Squibb Company et al. Opened in Kentucky Eastern District as 5:18-cv-349-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Oklahoma Northern, 4:18-cv-185, Haley v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-347-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Oklahoma Northern, 4:18-cv-188, Berry v. Bristol-Myers Squibb Company et al. Opened in Kentucky Eastern District as 5:18-cv-350-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) Modified TEXT on 5/3/2018 (MRS). |
MEMBER CASE OPENED: Alabama Southern, 2:18-cv-00161, Young v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00328-KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Illinois Northern, 3:18-cv-50117, Johnson v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00329-KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Georgia Middle, 5:18-cv-00113, LUCAS v. BRISTOL-MYERS SQUIBB COMPANY et al Opened in Kentucky Eastern District as 5:18-cv-00330-KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Alabama Southern, 2:18-cv-00160, Williams v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00326-KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Southern District of Texas, 4:18-cv-1068, Bakalyar v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-323-KKC pursuant to #50 Conditional Transfer Order 11. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Southern District of Texas, 1:18-cv-55, Gomez v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-322-KKC pursuant to #50 Conditional Transfer Order 11. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Georgia Middle, 5:18-cv-00114, MCGHEE v. BRISTOL-MYERS SQUIBB COMPANY et al Opened in Kentucky Eastern District as 5:18-cv-00331-KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Southern District of Texas, 4:18-cv-1070, Matthews v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-324-KKC pursuant to #50 Conditional Transfer Order 11. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Alabama Southern, 1:18-cv-00159, Howard v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00325-KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Georgia Middle, 1:18-cv-00075, HUMPHREY v. BRISTOL-MYERS SQUIBB COMPANY et al Opened in Kentucky Eastern District as 5:18-cv-334 pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: New York Southern, 1:18-cv-3013, Dunn v. Bristol-Myers Squibb Company et al. Opened in Kentucky Eastern District as 5:18-cv-341-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: New York Southern, 1:18-cv-3019, Moody v. Bristol Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-342-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Eastern District of Tennessee, 3:18-cv-144, Underwood v. Bristol - Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-332-KKC pursuant to #50 Conditional Transfer Order 11. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: New York Southern, 1:18-cv-3009, Sheppard v. Bristol-Myers Squibb Company Opened in Kentucky Eastern District as 5:18-cv-339-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Eastern District of Texas, 6:18-cv-00159, Hightower v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-340-KKC pursuant to #50 Conditional Transfer Order 11. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: New Jersey, 1:18-cv-5409, Leary v. Bristol-Myers Squibb Company Opened in Kentucky Eastern District as 5:18-cv-336-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Illinois Northern, 1:18-cv-02416, Carter v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-333 KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: New York Southern, 1:18-cv-3008, Didericksen v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-337-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
Filing 50 CONDITIONAL TRANSFER ORDER No. 11 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (CBD) |
MEMBER CASE OPENED: Western District of Tennessee, 2:18-cv-2223, Cannon v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-301-KKC pursuant to #50 Conditional Transfer Order 11. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Louisiana Western, 2:18-cv-462, Herbert v. Bristol-Myers Squibb Co., et al. Opened in Kentucky Eastern District as 5:18-cv-303-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Louisiana Middle, 3:18-cv-374, Austin v. Bristol Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-305-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Arizona, 2:18-cv-01039, McKinley v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00302-KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Alabama Middle, 3:18-cv-00394, Alexander v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00307-KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Alabama Middle, 2:18-cv-00397, Banks v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00304-KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Indiana Northern, 1:18-cv-81, Helire v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-297-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Western District of Tennessee, 1:18-cv-2225, Ferrell v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-308-KKC pursuant to #50 Conditional Transfer Order 11. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Kentucky Western, 3:18-cv-207, Martin v. Bristol Myers Squibb Company, et al, Opened in Kentucky Eastern District as 5:18-cv-295-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Louisiana Western, 2:18-cv-460, Garry v. Bristol-Myers Squibb Co., et al. Opened in Kentucky Eastern District as 5:18-cv-298-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Louisiana Western, 2:18-cv-461, Corbello v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-300-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Arizona, 2:18-cv-01036, Huff v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00299-KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Indiana Southern, 4:18-cv-58, Birk v. Bristol Myers Squibb Company et al. Opened in Kentucky Eastern District as 5:18-cv-316 pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Western District of Texas, 1:18-cv-284, Baker v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-319-KKC pursuant to #50 Conditional Transfer Order 11. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Illinois Northern, 1:18-cv-02414, Hopkins v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00318-KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Louisiana Middle, 3:18-cv-375, LeBlanc v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-320 pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Western District of Texas, 1:18-cv-00286, Gonzalez v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-321-KKC pursuant to #50 Conditional Transfer Order 11. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Georgia Northern, 1:18-cv-01447, Terrell v. Bristol-Meyers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00309-KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Illinois Northern, 1:18-cv-02415, Ortega v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00315-KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Alabama Northern, 7:18-cv-00536, Smith v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00317-KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Alabama Northern, 3:18-cv-00541, Mann v. Bristol Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00310-KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Northern District of Texas, 5:18-cv-00094, Ybarra v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-312-KKC pursuant to #50 Conditional Transfer Order 11. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Western District of Oklahoma, 5:18-cv-302, Ware v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-311-KKC pursuant to #50 Conditional Transfer Order 11. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Georgia Northern, 1:18-cv-01448, King v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00313-KKC pursuant to #50 Conditional Transfer Order CTO 11 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Ohio Southern, 2:18-cv-300, Chapman v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-314-KKC pursuant to #50 Conditional Transfer Order 11 cc: COR, JPMDL (MRS) |
Filing 49 RESPONSE TO ORDER TO SHOW CAUSE by AstraZeneca Pharmaceuticals LP (36 in 5:18-md-02809-KKC, 51 in 5:18-cv-00066-KKC) filed by AstraZeneca Pharmaceuticals LP. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00066-KKC(Watkins, Elijah) |
Filing 48 RESPONSE TO ORDER TO SHOW CAUSE by David Lester Moore filed by David Lester Moore. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00147-KKC(Kemp, Christopher) |
Filing 47 RESPONSE TO ORDER TO SHOW CAUSE by Sheryle Christensen, Carolyn Williams, Michael Martin, Kathy Barnes (36 in 5:18-md-02809-KKC, 111 in 5:18-cv-00094-KKC, 51 in 5:18-cv-00066-KKC, 78 in 5:18-cv-00054-KKC, 68 in 5:18-cv-00095-KKC) filed by Sheryle Christensen, Carolyn Williams, Michael Martin, Kathy Barnes. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00054-KKC, 5:18-cv-00066-KKC, 5:18-cv-00094-KKC, 5:18-cv-00095-KKC(Mosier, Robert) |
Filing 46 RESPONSE TO ORDER TO SHOW CAUSE by Don Lynn (36 in 5:18-md-02809-KKC, 12 in 5:18-cv-00120-KKC) filed by Don Lynn. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00120-KKC(Linville, Hunter) |
MEMBER CASE OPENED: Western District of Oklahoma, 5:18-cv-283, Brittain v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-287-KKC pursuant to #35 Conditional Transfer Order 9. cc: COR, JPMDL (TDA) |
Filing 45 RESPONSE TO ORDER TO SHOW CAUSE by Willie Harris, Robbie York (22 in 5:18-cv-00108-KKC) filed by Willie Harris, Robbie York. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00079-KKC, 5:18-cv-00108-KKC(Harvey, William) |
MEMBER CASE OPENED: Eastern District of Wisconsin, 2:18-cv-511, Jarman v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-286-KKC pursuant to #35 Conditional Transfer Order 9. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Eastern District of Washington, 1:18-cv-3049, Smith v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-285-KKC pursuant to #35 Conditional Transfer Order 9. cc: COR, JPMDL (TDA) |
Filing 44 CONDITIONAL TRANSFER ORDER No. 10 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (CBD) |
Clerk's Note: Clerk contacted counsel's office re (40 in 5:18-md-02809-KKC, et al) Response to Order to Show Cause. Counsel's office advised that 2809 ECF Registration Forms for all counsel listed will be mailed to Clerk. Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
MEMBER CASE OPENED: Pennsylvania Middle, 3:18-cv-00752, Anderson v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00279-KKC pursuant to #44 Conditional Transfer Order CTO 10 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Pennsylvania Middle, 3:18-cv-00733, Mitchell v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00281-KKC pursuant to #44 Conditional Transfer Order CTO 10 cc: COR, JPMDL (CBD) |
Filing 43 RESPONSE TO ORDER TO SHOW CAUSE by Teresa Ann Freeman (10 in 5:18-cv-00162-KKC) Joel Robert Rhine filed by Teresa Ann Freeman. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00162-KKC(Geisler, Ephraim) |
Filing 42 RESPONSE TO ORDER TO SHOW CAUSE by Anita Rochelle Holland (65 in 5:18-cv-00070-KKC) for Joel R. Rhine filed by Anita Rochelle Holland. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00070-KKC(Geisler, Ephraim) |
Filing 41 RESPONSE TO ORDER TO SHOW CAUSE by Steven Vallentine (42 in 5:18-cv-00057-KKC) for Mathew Bernard Richardson filed by Steven Vallentine. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00057-KKC(Aylstock, Bryan) |
Filing 40 RESPONSE TO ORDER TO SHOW CAUSE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, McKesson Corporation, Astrazeneca Pharmaceuticals LP, Astrazeneca Pharmaceuticals, LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation, Bristol-Myers Company (18 in 5:18-cv-00154-KKC) filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, McKesson Corporation, Astrazeneca Pharmaceuticals LP, Astrazeneca Pharmaceuticals, LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation, Bristol-Myers Company. Associated Cases: 5:18-md-02809-KKC et al.(Browning, Carol) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re (30 in 5:18-cv-00144-KKC, 39 in 5:18-md-02809-KKC) Proposed Agreed Order/Stipulation of Dismissal. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00144-KKC(CBD) |
NOTICE OF DOCKET MODIFICATION TO Randi Kassan re (29 in 5:18-cv-00144-KKC) Stipulation of Dismissal. Error: Attorney filed the document in the individual member case file only. Pursuant to the Court's Practice & Procedure Order (Entry #3 in 5:18-md-2809) attorney should have filed the document in the master case and spread text to the related individual member case(s); Entry by Attorney. Correction: Clerk has re-filed the document using the event "Proposed Agreed Order/Stipulation" in the master and member case files as #39 in 5:18-md-2809, #30 in 5:18-cv-144 in order for pleading to show on judge's motions report. No further action required by counsel as to this error. cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00144-KKC(CBD) Modified typo on 4/20/2018 (CBD). |
MEMBER CASE OPENED: Indiana Southern, 1:18-cv-00984, Woodruff v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00269-KKC pursuant to #35 Conditional Transfer Order CTO 9 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: California Eastern, 2:18-cv-00680, Stewart v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00268-KKC pursuant to #35 Conditional Transfer Order CTO 9 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Northern District of Texas, 7:18-cv-45, Hasan v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-272-KKC pursuant to #35 Conditional Transfer Order 9. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Indiana Southern, 4:18-cv-00055, Hardin v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00270-KKC pursuant to #35 Conditional Transfer Order CTO 9 cc: COR, JPMDL (CBD) |
Attorney Update. Attorney Kenneth L. Pedersen terminated per Notice of Substitution ( #53 in 5:18-cv-66; #38 in 5:18-md-2809). Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00066-KKC(CBD)cc: Compliance Clerk |
MEMBER CASE OPENED: Southern District of Texas, 2:18-cv-92, Gordon v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-271-KKC pursuant to #35 Conditional Transfer Order 9. cc: COR, JPMDL (TDA) |
Filing 39 Proposed Agreed Stipulation of Dismissal without Prejudice by AstraZeneca LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation, Richard Merritt. Filed per QC re #29 in 5:18-cv-144. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00144-KKC(CBD) |
Filing 38 NOTICE by Sheryle Christensen Notice of Withdrawal of Counsel for Plaintiff Kenneth Pederson. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00066-KKC(Whitehead, Jarom) Modified text on 4/20/2018 (CBD). |
MEMBER CASE OPENED: New York Southern, 18-cv-02866, Rouse v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-250-KKC pursuant to #35 Conditional Transfer Order 9 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Mississippi Northern, 1:18-cv-00061, Loggan v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00249-KKC pursuant to #35 Conditional Transfer Order CTO 9 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: New York Southern, 18-cv-02914, Havice v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-253-KKC pursuant to #35 Conditional Transfer Order 9 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: New York Southern, 18-cv-2915, Waterman v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-254-KKC pursuant to #35 Conditional Transfer Order 9 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Illinois Northern, 3:18-cv-50110, Mills v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00248-KKC pursuant to #35 Conditional Transfer Order CTO 9 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Mississippi Southerm, 3:18-cv-00202, Harrell v. Bristol Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00246-KKC pursuant to #35 Conditional Transfer Order CTO 9 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Georgia Northern, 1:18-cv-01292, Walz v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-238 KKC pursuant to #35 Conditional Transfer Order CTO 9 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: New York Southern, 1:18-cv-02860, Orschel v. Astrazeneca LP et al Opened in Kentucky Eastern District as 5:18-cv-243-KKC pursuant to #35 Conditional Transfer Order 9 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Kentucky Western, 5:18-cv-00049, Kee v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00244-KKC pursuant to #35 Conditional Transfer Order CTO 9 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: New York Southern, 18-cv-2862, Carter v. Bristol-Myers Squibb Company et al. Opened in Kentucky Eastern District as 5:18-cv-245-KKC pursuant to #35 Conditional Transfer Order 9 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: New York Southern, 18-cv-2917, Gooch v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-255-KKC pursuant to #35 Conditional Transfer Order 9 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: New York Southern, 18-cv-2863, Forgione v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-247-KKC pursuant to #35 Conditional Transfer Order 9 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Northern District of Texas, 3:18-cv-828, Bivins v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-263-KKC pursuant to #35 Conditional Transfer Order 9. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Mississippi Souther, 3:18-cv-00201, Maurras v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00252-KKC pursuant to #35 Conditional Transfer Order CTO 9 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Northern District of Texas, 3:18-cv-825, Fouse v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-265 pursuant to #35 Conditional Transfer Order 9. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Northern District of Texas, 3:18-cv-827, Sheppard v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-266-KKC pursuant to #35 Conditional Transfer Order 9. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Northern District of Texas, 3:18-cv-826, Crear v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-267-KKC pursuant to #35 Conditional Transfer Order 9. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Northern District of Texas, 3:18-cv-824, Erwin v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-262 pursuant to #35 Conditional Transfer Order 9. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Southern District of Texas, 4:18-cv-971, Sparkman v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-259-KKC pursuant to #35 Conditional Transfer Order 9. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Mississippi Southern, 3:18-cv-00214, Garrette v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00257-KKC pursuant to #35 Conditional Transfer Order CTO 9 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: North Carolina Eastern, 7:18-cv-00052, Royal v. Bristol-Myers Squibb Company et al. Opened in Kentucky Eastern District as 5:18-cv-256-KKC pursuant to #35 Conditional Transfer Order 9 cc: COR, JPMDL (MRS) |
Clerk's Note re Order ( #36 in 5:18-md-2809 and #12 in 5:18-cv-115): Counsel's office called to advise PAWD court had incorrect address as to COR, Derek Braslow. Clerk verified address as given by phone matched PAWD Complaint (DE #1 in 5:18-cv-00155-KKC). Address was updated. Caller advised a 2809 CM/ECF Registration Form was being mailed in this date. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00155-KKC(CBD) |
MEMBER CASE OPENED: Southern District of Texas, 4:18-cv-969, Jones v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-258-KKC pursuant to #35 Conditional Transfer Order 9. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: New York Southern, 18-cv-02955, Trapp et al v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-260-KKC pursuant to #35 Conditional Transfer Order 9 cc: COR, JPMDL (MRS) |
Filing 37 ORDER REGARDING MANDATORY CM/ECF REGISTRATION FOR COUNSEL OF RECORD: The following attorneys( Jeffrey Alan Travers Paul Lesko W. Steven Berman Rayna Elizabeth Kessler Christopher Coffin), 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 4/18/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR w/ 2809 ECF Registration Form |
Filing 36 ORDER TO SHOW CAUSE: The Court hereby ORDERS that each of the above counsel (Mathew Bernard Richardson Mary Roxana Rudolph Robert Charles Bigelow Rocklan W. King, III Dawn L. Dauphine David B. Rosenbaum William B. Monk Elijah Martin Watkins Kenneth L. Pedersen Robert A. Mosier Joel Robert Rhine Ursula Marie Henninger Amy Sherry Fischer Diana Cole Surprenant E. Paige Sensenbrenner Jessica Ann Perez Lawton Cole Callihan Nicholas R. Rockforte Craig Laurence Dashiell Gavin J. Rooney Shayna E. Sacks Kathleen Thompson Deanda Stephen Donald Polito F. Laurens Brock Cameron James Hoyler Stephanie McGee Rippee Jeffrey Jerome Hines Adam Patrick O'Brien Amber Davis Gregory Lawrence Halperin Hunter Vance Linville Samuel K. Allen Mary Alice Wells Steven W. Quattlebaum Nancy A. Mismash Bart C. Sullivan Phyllis Norman Lauren E.H. DiFrancesco John E. McElligott William Todd Harvey Stephen B. Devereaux Christopher R. Kemp Derek T. Braslow) SHALL SHOW CAUSE in a writing filed by May 4, 2018 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 4/18/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR w/ 2809 ECF Registration Form. Modified file date on 4/19/2018 (CBD). |
Filing 35 CONDITIONAL TRANSFER ORDER No. 9 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (CBD) |
MEMBER CASE OPENED: Illinois Southern, 3:18-cv-00632, Gintz v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00236-KKC pursuant to #35 Conditional Transfer Order CTO 9 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Missouri Western, 4:18-cv-00258, Wood v. Bristol Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-233 pursuant to #35 Conditional Transfer Order 9 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Arizona, 4:18-cv-00172, Peoples v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00234-KKC pursuant to #35 Conditional Transfer Order CTO 9 cc: COR, JPMDL (CBD) Modified text on 4/18/2018 (CBD). |
MEMBER CASE OPENED: Georgia Southern, 1:18-cv-00060, Slaton v. Bristol-Meyers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00237-KKC pursuant to #35 Conditional Transfer Order CTO 9 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Arkansas Eastern, 4:18-cv-00231, Booth v. Bristol Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-00235-KKC pursuant to #35 Conditional Transfer Order CTO 9 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Missouri Western, 18-cv-00259, Payne v. Bristol Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-239 pursuant to #35 Conditional Transfer Order 9 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Ohio Northern, 3:18-cv-00715, Clark et al v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-241-KKC pursuant to #35 Conditional Transfer Order 9 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: North Carolina Middle District, 18-cv -265, Key v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-242-KKC pursuant to #35 Conditional Transfer Order 9 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Missouri Western, 18-cv-00260, Ganzalez-McAllister v. Bristol Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-240-KKC pursuant to #35 Conditional Transfer Order 9 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Iowa Southern, 3:18-cv-31, Parks v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-223-KKC pursuant to #34 Conditional Transfer Order 8. cc: COR, JPMDL (TDA) |
Filing 34 CONDITIONAL TRANSFER ORDER No. 8 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (TDA) |
Filing 33 NOTICE OF APPEARANCE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Astrazeneca Pharmaceuticals, LP, Bristol-Myers Squibb Company, Inc., AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc.. Associated Cases: 5:18-md-02809-KKC et al.(Zimmer, Donald) |
Filing 32 NOTICE OF APPEARANCE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., Brystol-Myers Squibb Company, Bristol-Meyer Squibb Co., Inc., McKesson Corp, Bristol-Meyers Squibb Company, Astrazeneca Pharmaceuticals LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC et al.(Zimmer, Donald) |
Filing 31 NOTICE OF APPEARANCE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Astrazeneca Pharmaceuticals, LP, Bristol-Myers Squibb Company, Inc., AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc.. Associated Cases: 5:18-md-02809-KKC et al.(Steimle, William) |
Filing 30 NOTICE OF APPEARANCE by AstraZeneca Pharmaceuticals LP, AstraZeneca Pharmaceuticals LP, Astrazeneca PLC, Astrazeneca Pharmaceuticals LP, Bristol-Meyer Squibb Co., Inc., Bristol-Meyers Squibb Company, Bristol-Myers Squibb Company, Bristol-Myers Squibb Company, Inc., Bristol-Myers Squibb Company, Inc., Brystol-Myers Squibb Company, McKesson Corp, McKesson Corporation, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC et al.(Steimle, William) |
Filing 29 NOTICE OF APPEARANCE by AstraZeneca Pharmaceuticals LP, AstraZeneca Pharmaceuticals LP, AstraZeneca Pharmaceuticals LP, Astrazeneca Pharmaceuticals LP, Astrazeneca Pharmaceuticals, LP, Bristol-Meyer Squibb Co., Inc., Bristol-Meyers Squibb Company, Bristol-Myers Squibb Company, Bristol-Myers Squibb Company, Bristol-Myers Squibb Company, Inc., Bristol-Myers Squibb Company, Inc., Brystol-Myers Squibb Company, McKesson Corp, McKesson Corporation, McKesson Corporation, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC et al.(Jones, Phyllis) |
Filing 28 NOTICE OF APPEARANCE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Astrazeneca Pharmaceuticals, LP, Bristol-Myers Squibb Company, Inc., Bristol-Myers Company, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc.. Associated Cases: 5:18-md-02809-KKC et al.(Jones, Phyllis) |
Filing 27 NOTICE OF APPEARANCE by AstraZeneca Pharmaceuticals LP, AstraZeneca Pharmaceuticals LP, AstraZeneca Pharmaceuticals LP, Astrazeneca Pharmaceuticals LP, Astrazeneca Pharmaceuticals, LP, Bristol-Meyer Squibb Co., Inc., Bristol-Meyers Squibb Company, Bristol-Myers Squibb Company, Bristol-Myers Squibb Company, Bristol-Myers Squibb Company, Inc., Bristol-Myers Squibb Company, Inc., Brystol-Myers Squibb Company, McKesson Corp, McKesson Corporation, McKesson Corporation, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC et al.(Ullman, Emily) |
Filing 26 NOTICE OF APPEARANCE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Astrazeneca Pharmaceuticals, LP, Bristol-Myers Squibb Company, Inc., Bristol-Myers Company, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc.. Associated Cases: 5:18-md-02809-KKC et al.(Ullman, Emily) |
Filing 25 NOTICE OF APPEARANCE by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Astrazeneca Pharmaceuticals, LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, Bristol-Myers Squibb Company, Inc., Brystol-Myers Squibb Company, Bristol-Meyers Squibb Company, Astrazeneca Pharmaceuticals LP, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation. Associated Cases: 5:18-md-02809-KKC et al.(Browning, Carol) |
Filing 23 NOTICE of Appearance by Carol Dan Browning on behalf of AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Astrazeneca Pharmaceuticals, LP, Bristol-Myers Squibb Company, Inc., Bristol-Myers Company, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc. Associated Cases: 5:18-md-02809-KKC et al.(Browning, Carol) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: re (24 in 5:18-cv-00133-KKC, 24 in 5:18-md-02809-KKC) STIPULATION OF DISMISSAL WITHOUT PREJUDICE Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00133-KKC(CBD) |
MEMBER CASE OPENED: USDC EDKY, 5:18-cv-205 KKC, Utterback v. Bristol- Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-218 KKC pursuant to Order of Consolidation. cc: COR, JPMDL (CBD) Modified text on 4/9/2018 (CBD). |
MEMBER CASE OPENED: EDKY, 5:18-cv-213, Spicer v. Bristol-Myers Squibb Company, et al Opened in Kentucky Eastern District as 5:18-cv-219 KKC pursuant to Consolidation Order cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: USDC EDKY, 5:18-cv-204 KKC, Curtis v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-217 KKC pursuant to Order of Consolidation. cc: COR, JPMDL (CBD) |
Filing 22 NOTICE OF APPEARANCE by David Taylor, Leatha Taylor, David Taylor, Leatha Taylor. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00053-KKC(Parker, Laraclay) |
Filing 21 ORDER re (3 in 5:18-md-02809-KKC): Attorneys who have failed to register with CM-ECF system as required, SHALL RETURN to Court an Electronic Filing Attorney Registration Form w/in 14 days from 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 3/29/2018. Associated Cases: 5:18-md-02809-KKC et al. (TDA) cc: COR |
Filing 20 AMENDED COMPLAINT against AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation filed by Audrey Gore (Individually and as Administrator of the Estate of Ophelia Dubose.Filed per Order #19 in 5:18-md-2226, #81 in 5:18-cv-56)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00056-KKC(CBD) |
Filing 19 AGREED ORDER - STIPULATION TO AMEND COMPLAINT: The undersigned counsel consent ( #16 Proposed Agreed Order in case 5:18-md-02809-KKC; #79 Proposed Agreed Order in case 5:18-cv-00056-KKC) to the filing of an Amended Complaint, without the need for motion practice, for the sole purpose of allowing plaintiff to add Plaintiff Audrey Gore, individually and as administrator of the estate of Ophelia Dubose, deceased, to the complaint. Sanders Phillips Grossman, LLC, counsel for Plaintiff Ophelia Dubose, was informed by Ms. Duboses next of kin, Audrey Gore, that Ms. Dubose passed away on June 23, 2017. As such plaintiff must amend her complaint to reflect this change in circumstance. Signed by Judge Karen K. Caldwell on 3/23/208. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00056-KKC(CBD)cc: COR Modified text on 3/23/2018 (CBD). |
Filing 24 PROPOSED AGREED STIPULATION OF DISMISSAL WITHOUT PREJUDICE by Astrazeneca Pharmaceuticals, LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation, Yvonne Sandoval, AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation, Yvonne Sandoval. Re-filed per QC/Technical Issue re DE #23 in 5:18-cv-133 Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00133-KKC(CBD) Modified text on 4/19/2018 (CBD). |
NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re MDL Member Case; Error: Incorrect member case number inserted in docket text; Entry by docket clerk; Correction: text corrected to reflect that Ishman v. Bristol-Myers Squibb Comapny et al in Kentucky Eastern District was assigned 5:18-cv-87 pursuant to Conditional Transfer Order. cc: COR, JPML (TDA) |
Filing 18 CONDITIONAL TRANSFER ORDER No. 7 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (CBD) |
MEMBER CASE OPENED: Texas Western, 3:18-cv-00070, Telles v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-180 KKC pursuant to #18 Conditional Transfer Order 7 cc: COR, JPMDL (CBD) |
NOTICE OF DOCKET MODIFICATION TO Randi Kassan; Error 1: re Proposed Agreed Order/Stipulation (16 in 5:18-md-02809-KKC, 79 in 5:18-cv-00056-KKC); the incorrect event "Stipulation" was selected. Entry by Attorney; Clerk re-defined the pleading as a "Proposed Agreed Order/Stipulation." No further action required by counsel. Error 2: re Proposed Agreed Order/Stipulation (16 in 5:18-md-02809-KKC, 79 in 5:18-cv-00056-KKC); attachment was insufficiently described as "Exhibit." Entry by attorney; Correction: the Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. Error 3: re Amended Complaint (80 in 5:18-cv-00056-KKC, 17 in 5:18-md-02809-KKC) An electronically submitted document requiring leave of Court shall be filed as an attachment to the motion and not as a separate entry. Correction: the clerk tendered the Amended Complaint. No further action required by counsel. cc cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00056-KKC(CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: re (16 in 5:18-md-02809-KKC, 79 in 5:18-cv-00056-KKC) Proposed Agreed Order/Stipulation to Amend Complaint Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00056-KKC(CBD) |
Filing 17 TENDERED AMENDED COMPLAINT against AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation, filed by Ophelia Dubose.Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00056-KKC(Kassan, Randi) Modified text on 3/12/2018 (CBD). |
Filing 16 PROPOSED AGREED ORDER/STIPULATION to Amend Complaint by Ophelia Dubose. (Attachments: #1 Exhibit - Amended Complaint)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00056-KKC(Kassan, Randi) Modified text on 3/12/2018 (CBD). |
NOTICE OF DOCKET MODIFICATION TO Randi Kassan re (26 in 5:18-cv-00123- KKC) Notice of Appearance, (7 in 5:18-cv-00170-KKC) Notice of Appearance. Error: Documents were filed in the member cases only. Pursuant to the court's Practice & Procedure Order ( #3 in 5:28-md-2809) attorney should have filed each of the documents identified above in the master case and spread text to each related member case; Entries by Attorney; Correction: Clerk has ensured counsel of record referenced in the Notices were added to the master and member cases. No further action required by counsel as to this error. cc: COR Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00123-KKC, 5:18-cv-00170-KKC(CBD) |
Filing 15 CONDITIONAL TRANSFER ORDER No. 6 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (TDA) |
MEMBER CASE OPENED: Southern District of Ohio, 2:18-cv-00165, Lawrence et al v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-170 pursuant to #15 Conditional Transfer Order 6. cc: COR, JPMDL (TDA) |
Filing 14 Mail Returned as Undeliverable. Mail sent to Rayne Elizabeth Kessler re (8 in 5:18-md-02809-KKC, 8 in 5:18-md-02809-KKC Order, 9 in 5:18-md-02809-KKC Amended Order, 40 in 5:18-cv-00076-KKC Order, 41 in 5:18-cv-00076-KKC Amended Order). NOTE: Firm address updated to address shown at NJD entry 27 in 5:18-cv-76 and documents re-mailed this date. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00076-KKC(CBD) |
MEMBER CASE OPENED: Western District of Virginia, 3:18-cv-12, Nesselrodt vs. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-164-KKC pursuant to #13 Conditional Transfer Order 5 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Pennsylvania Eastern, 2:18-cv-00263, Grimes v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-167 KKC pursuant to #12 Conditional Transfer Order 4 cc: COR, JPMDL (CBD) |
Filing 13 CONDITIONAL TRANSFER ORDER No. 5 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (CBD) |
Filing 12 CONDITIONAL TRANSFER ORDER No. 4 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (CBD) |
MEMBER CASE OPENED: North Carolina Middle, 1:18-cv-00046, Freeman v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-162 KKC pursuant to #12 Conditional Transfer Order 4 cc: COR, JPMDL (CBD) |
***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: (67 in 5:18-cv-00056-KKC) Suggestion of Death of Ophelia Dubose. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00056-KKC(CBD) |
Filing 11 Mail Returned as Undeliverable. Mail sent to Michael K. Johnson re #39 CASE TRANSFERRED IN from District of Ohio Southern. Case number 1:17-cv-00262. and Remark - MDL 2809 (Public) NOTE: Firm address corrected re DE #1 from OHSD and documents re-mailed this date. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00060-KKC(CBD) |
Clerk's Note re Tendered Summons (8 in 5:18-cv-00132-KKC, 10 in 5:18-md-02809-KKC): Clerk is unable to issue summons presented - improper format. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00132-KKC(CBD) |
MEMBER CASE OPENED: Eastern District of Louisiana, 17-cv-12986, Jones v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-154-KKC pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Western District of Pennsylvania, 3:18-cv-00021, McCay v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-155 pursuant to #7 Conditional Transfer Order 3. cc: COR, JPMDL (TDA) |
Party Natalie Ross added per LAED entry 22 Amended Complaint in 5:18-cv-150. Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00150-KKC(CBD) |
Filing 10 TENDERED Summons by Milton George, Milton George re DE 1 in 5:18-cv-132 KKC. (Attachments: #1 Cover Letter)Associated Cases: 5:18-md-02809-KKC, 5:18-cv-00132-KKC(CBD) |
Filing 9 AMENDED ORDER STAYING ALL PROCEEDINGS IN ALL MEMBER CASES: In order to clarify the stipulated order to stay proceedings tendered by the parties and entered by the Court ( #8 in 5:18-md-2809, et al), the Court hereby ORDERS that the joint motion to stay deadlines ( #6 in 5:18-md-2809, et al) filed by the parties is GRANTED and all deadlines in all pending member cases, other than the deadlines set forth in the Court's Order Regarding Practice and Procedure ( #3 in 5:18-md-2809), are stayed pending further orders of the Court. All deadlines set forth in the Order Regarding Practice and Procedure ( #3 in 5:18-md-2809) remain in effect. Signed by Judge Karen K. Caldwell on 2/22/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR |
Filing 8 STIPULATED ORDER TO STAY PROCEEDINGS: Plaintiffs and Defendants in this case have stipulated (DE #6 18-md-2809, et al) and agreed to entry of the following order staying proceedings in all pending cases. Good cause appearing therefore, it is hereby ORDERED that proceedings in all pending cases are hereby stayed pending further orders of the Court. Signed by Judge Karen K. Caldwell on 2/22/2018.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR |
MEMBER CASE OPENED: Louisiana Eastern, 2:17-cv-00443, Ross v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-150 KKC pursuant to #1 Transfer Order cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: KYED, 0:17-cv-131 KKC, Taylor v. Bristol-Meyer Squibb Co., Inc. et al Opened in Kentucky Eastern District as 5:18-cv-151 KKC. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Louisiana Eastern, 2:17-cv-07884, Lester Speights v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-148 KKC pursuant to #1 Transfer Order cc: COR, JPMDL (CBD) |
Filing 7 CONDITIONAL TRANSFER ORDER No. 3 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (CBD) |
MEMBER CASE OPENED: Georgia Middle, 5:17-cv-00419, Hunt v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-140 KKC pursuant to #7 Conditional Transfer Order 3 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Western District of Louisiana, 18-cv-120, Johnson vs. Bristol-Myers Squibb Co et al. Opened in Kentucky Eastern District as 5:18-cv-139-KKC pursuant to #7 Conditional Transfer Order 3 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Indiana Southern, 1:17-cv-04745, Yaa v. Bristol-Meyers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-141 KKC pursuant to #7 Conditional Transfer Order 3 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Southern District of Texas, 4:17-cv-03321, Slaughter v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-146 pursuant to #4 Conditional Transfer Order 1. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Georgia Northern, 3:17-cv-156, Merritt v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-144 KKC pursuant to #7 Conditional Transfer Order 3 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Georgia Northern, 3:17-cv-00157, Hayes v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-145 KKC pursuant to #7 Conditional Transfer Order 3 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Southern District of Iowa, 17-cv-36, Moore v. Bristol-Myers Squibb Company et al. Opened in Kentucky Eastern District as 5:18-cv-147-KKC pursuant to #7 Conditional Transfer Order 3 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Florida Southern, 1:17-cv-24379, Holmes v. Astrazeneca Pharmaceuticals LP et al Opened in Kentucky Eastern District as 5:18-cv-113 KKC pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: District of Utah, 1:17-cv-00179, Medley v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-126 pursuant to #4 Conditional Transfer Order 1. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Eastern District of Missouri, 17-2867, Turner vs. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-128-KKC pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Western District of Missouri, 18-cv-4001, Lyles v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-127 pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Indiana Southern, 4:17-cv-00207, Beeler v. Bristol-Myers Squibb Company Opened in Kentucky Eastern District as 5:18-cv-109 pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Arkansas Eastern,4:17-cv-00736, Goforth v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-105 KKC pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Western District of Louisiana, 17-cv-1535, Winborne vs. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-129 pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Georgia Northern, 3:17-cv-00155, Nance v. Brystol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-110 KKC pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Alabama Northern, 2:17-cv-02024, Hardy v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-112 pursuant to #1 Conditional Transfer Order 1 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Florida Middle, 6:17-cv-02095, Garcia v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-115 KKC pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Northern District of Ohio, 18-cv-190, Caldwell vs. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-136 pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Eastern District of Oklahoma, 17-cv-409, McCall vs. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-137 pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Georgia Northern, 1:17-cv-04934, Harris v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-108 KKC pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Northern District of Ohio, 17-cv-2573, Campbell vs. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-135 pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Northern District of Ohio, 17-2333, Dinger Sr., vs. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-134 pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Georgia Northern, :17-cv-04342, Green v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-131 KKC pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Western District of Louisiana, 17-cv-1501, Sandoval vs. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-133- pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Illinois Central, 1:18-cv-01015, Adams v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-CV-130 kkc pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Alabama Middle District, 2:18-cv-00058, George v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-132 pursuant to #5 Conditional Transfer Order 2. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: South Carolina District, 4:17-03297, Epps v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-124 pursuant to #4 Conditional Transfer Order 1. cc: COR, JPMDL (TDA) |
Filing 6 JOINT MOTION to Stay Additional Deadlines in All Cases by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation Additional Deadlines in All Pending Cases (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC et al.(Browning, Carol) Modified text on 2/15/2018 (CBD). |
MEMBER CASE OPENED: COD, 1:17-cv-02798, Driver v. Bristol-Myers Squibb Company Opened in Kentucky Eastern District as 5:18-cv-100 pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: ARWD, 3:17-cv-03110, Veloria v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-101 pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Northern District of Mississippi, 17-cv-207, Stacy vs. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-111-KKC pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: District of New Jersey, 17-4533, Johnson v. Bristol-Meyers Squibb Company, et al Opened in Kentucky Eastern District as 5:18-cv-107-KKC pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: District of New Jersey, 17-cv-3031, Williams vs. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-106 pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: LAWD, 2:17-cv-553, Letell v. Bristol-Myers Squibb Co, et al Opened in Kentucky Eastern District as 5:18-cv-73 KKC pursuant to #1 Transfer Order cc: COR, JPMDL (CBD) |
NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re MDL Member Case entered. Error: Incorrect text "LAMD, 3:17-cv-79" entered; Entry by clerk; Correction: Text corrected to reflect "LAMD, 3:17-cv-39." No further action required. cc: COR, JPML (CBD) |
MEMBER CASE OPENED: ALND, 7:17-cv-2056, Lacy v. Bristol-Meyers Squibb Company et a Opened in Kentucky Eastern District as 5:18-cv-99 KKC pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Distrcit of New Jersey, 17-cv-3027, Woods v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-102-KKC pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: FLND, 3:17-cv-860, Mask v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:17-cv-860 pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Western District of Kentucky, 17-cv-180, Barner v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-98-KKC pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Northern District of Texas, 4:17-cv-00888, Davis v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-122 pursuant to #4 Conditional Transfer Order 1. cc: COR, JPMDL (TDA) |
Attorney Update. Attorney Phyllis Jones for AstraZeneca Pharmaceuticals LP, Phyllis Jones for Bristol-Myers Squibb Company, Phyllis Jones for McKesson Corporation, Paul W. Schmidt for AstraZeneca Pharmaceuticals LP, Paul W. Schmidt for Bristol-Myers Squibb Company, Paul W. Schmidt for McKesson Corporation, Emily S. Ullman for AstraZeneca Pharmaceuticals LP, Emily S. Ullman for Bristol-Myers Squibb Company, Emily S. Ullman for McKesson Corporation, added. Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
MEMBER CASE OPENED: South Carolina District, 2:17-03167, Winkle v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-123 pursuant to #4 Conditional Transfer Order 1. cc: COR, JPMDL (TDA) |
***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: DE 6 in (All Cases) 5:18-md-02809-KKC - MOTION to Stay Additional Deadlines in All Cases Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
MEMBER CASE OPENED: Northern District of Texas, 5:17-cv-00278, Lynn v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-120 pursuant to #4 Conditional Transfer Order 1. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Northern District of Texas, 5:17-00253, Rosencranse v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-121 pursuant to #4 Conditional Transfer Order 1. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Western District of Tennessee, 2:17-cv-02812, Word v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-118 pursuant to #4 Conditional Transfer Order 1. cc: COR, JPMDL (TDA) |
Attorney Update. Attorney Timothy J. Becker for Bobbie Brown,Timothy J. Becker for Donald Carpenter, Jr,Timothy J. Becker for Ronald Letell,Timothy J. Becker for Michael Martin Timothy J. Becker for Randolph Young, added. Associated Cases: 5:18-md-02809-KKC et al.(CBD) |
MEMBER CASE OPENED: Western District of Tennessee, 2:17-cv-02808, Jackson v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-116 pursuant to #4 Conditional Transfer Order 1. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: District of Maryland, 17-2974, Ellis vs. Bristol-Myers Squibb Company, et al., Opened in Kentucky Eastern District as 5:18-cv-114-KKC pursuant to #4 Conditional Transfer Order 1 cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Western District of Tennessee, 2:17-cv-02810, Silvers v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-117 pursuant to #4 Conditional Transfer Order 1. cc: COR, JPMDL (TDA) |
Filing 5 CONDITIONAL TRANSFER ORDER No. 2 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (CBD) |
MEMBER CASE OPENED: District of New Jersey, 3:17-cv-03036, Asencio v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-91 pursuant to #1 Transfer Order. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: District of New Jersey, 3:17-cv-03035, Day v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-89 pursuant to #1 Transfer Order. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: District of New Jersey, 3:17-cv-03034, Atkins, Sr. v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-88 pursuant to #1 Transfer Order. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: TNED, 1:17-cv-219, Campbell v. Bristol-Myers Squibb Company, et al Opened in Kentucky Eastern District as 5:18-cv-90 KKC pursuant to #1 Transfer Order cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: District of New Jersey, 3:17-cv-03037, Sechler et al v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-92 pursuant to #1 Transfer Order. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Northern District of California, 3:17-cv-661, Martin vs. Bristol-Myers Company, et al. Opened in Kentucky Eastern District as 5:18-cv-95-KKC pursuant to #1 Transfer Order cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Northern District of California, 3:16-7152, Williams et al. vs. AstraZeneca Pharmaceuticals LP, et al. Opened in Kentucky Eastern District as 5:18-cv-94-KKC pursuant to #1 Transfer Order cc: COR, JPMDL (MRS) |
Filing 4 CONDITIONAL TRANSFER ORDER No. 1 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR (CBD) |
MEMBER CASE OPENED: District of New Jersey, 3:17-cv-03033, Ishman v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-87 pursuant to Conditional Transfer Order. cc: COR, JPMDL (TDA) Modified text on 3/22/2018 (TDA). |
MEMBER CASE OPENED: District of Idaho, 1:17-cv-321, Christensen v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-66-KKC pursuant to #1 Transfer Order cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: NCMD, 5:17-cv-710, Holland V. Bristol-Myers Squibb Company, et al Opened in Kentucky Eastern District as 5:18-cv-70 KKC pursuant to #1 Transfer Order cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Northern District of Georgia, 1:17-cv-1503, Reid vs. Bristol-Myers Squibb Company Opened in Kentucky Eastern District as 5:18-cv-77-KKC pursuant to #1 Transfer Order cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: LAMD, 3:17-cv-39, Brown v. Bristol-Myers Squibb Company, et al Opened in Kentucky Eastern District as 5:18-cv-71 KKA pursuant to #1 Transfer Order cc: COR, JPMDL (CBD) Modified text on 2/15/2018 (CBD). |
MEMBER CASE OPENED: OKED, 6:17-cv-327, Hulbert v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-69 KKC pursuant to #1 Transfer Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: TXED, 1:17-cv-111, Ware v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-67 KKC pursuant to #1 Transfer Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Southern District of Indiana, 1:17-cv-2607, Cousins vs. Bristol Myers squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-74-KKC pursuant to #1 Transfer Order cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: Northern District of Georgia, 1:17-cv-2782, Turner vs. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-78-KKC pursuant to #1 Transfer Order cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: TXSD, 2:17-cv-145, Davila v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-68 KKC pursuant to #1 Transfer Order. cc: COR, JPMDL (CBD) Modified text on 2/13/2018 (CBD). |
NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re MDL Member Case ; Error: Incorrect text "TXSD Case No. 2:17-cv-245" entered; Entry by Clerk; Correction: Text modified to reflect "TXSD 2:17-cv-145."; No further action required. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: District of New Jersey, 3:17-cv-03024, Reeves et al v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-80 pursuant to #1 Transfer Order. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: District of New Jersey, 3:17-cv-03029, Talton v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-84 pursuant to #1 Transfer Order. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: District of New Jersey, 3:17-cv-03032, Green v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-86 pursuant to #1 Transfer Order. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: District of New Jersey, 3:17-cv-00347, Young v. Bristol Myers Squibb Company, et al Opened in Kentucky Eastern District as 5:18-cv-76 pursuant to #1 Transfer Order. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: District of New Jersey, 3:17-cv-03028, Binns v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-83 pursuant to #1 Transfer Order. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: District of New Jersey, 3:17-cv-03030, McAfee v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-85 pursuant to #1 Transfer Order. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: Northern District of Georgia, 1:17-cv-2915, York vs. Bristol-Myers Squibb Company Opened in Kentucky Eastern District as 5:18-cv-79-KKC pursuant to #1 Transfer Order cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: District of New Jersey, 3:17-cv-03026, Mitchell v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-82 pursuant to #1 Transfer Order. cc: COR, JPMDL (TDA) |
MEMBER CASE OPENED: TXND, 4:17-cv-50, Boller v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-72 KKC pursuant to #1 Transfer Order cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Northern District of Georgia, 1:17-cv-2916, Johnson v. Bristol-Myers Squibb Company, et al Opened in Kentucky Eastern District as 5:18-cv-81-KKC pursuant to #1 Transfer Order cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: EDKY, 2:17-cv-124, Barnes v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-54 KKC pursuant to #1 Transfer Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: SCD, 4:17-cv-1695, Dubose v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-56 KKC pursuant to #1 JPML Transfer Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Northern District of Alabama, 5:17-CV-00101, Peoples v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-55 pursuant to #1 JPML Transfer Order cc: COR, JPMDL (MRS) |
Party David Taylor, Leatha Taylor, Bristol-Myers Squibb Company, Inc., AstraZeneca Pharmaceuticals LP, IPR Pharmaceuticals, Inc. and McKesson Corporation added. (CBD) |
MEMBER CASE OPENED: Middle District of Alabama, 3:17-00265, Vallentine v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-CV-57-KKC pursuant to #1 Transfer Order cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: EDKY, 5:16-cv-260, Taylor, et al v. Bristol-Myers Squibb Company, Inc. et al Opened in Kentucky Eastern District as 5:18-cv-53 KKC pursuant to #1 JPML Transfer Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: TXSD, 4:17-cv-316, Chester v. Bristol-Myers Squibb Company, et al Opened in Kentucky Eastern District as 5:18-cv-64 pursuant to #1 Conditional Transfer Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: District of Arizona, 2:17-cv-1269, Settle v. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-65-KKC pursuant to #1 Conditional Transfer Order cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: OHSD, 1:17-cv-262, Carpenter v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-60 pursuant to #1 Transfer Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Northern District of Indiana, 1:17-cv-330, Miller vs. Bristol-Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-cv-63-KKC pursuant to #1 Transfer Order cc: COR, JPMDL (MRS) |
MEMBER CASE OPENED: TNMD, 3:17-cv-01202, Wilcox v. Bristol-Myers Squibb Company et al Opened in Kentucky Eastern District as 5:18-cv-61 KKC pursuant to #1 Transfer Order. cc: COR, JPMDL (CBD) |
MEMBER CASE OPENED: Western District of Kentucky, 3:17-cv-268, Tucker v. Bristol Myers Squibb Company, et al. Opened in Kentucky Eastern District as 5:18-CV-62 pursuant to #1 Transfer Order cc: COR, JPMDL (MRS) |
Filing 3 ORDER REGARDING PRACTICE AND PROCEDURE UPON TRANSFER: (1) The actions are consolidated for all pre-trial purposes. (2) Any document filed in these actions shall bear the identification "MDL Docket No. 2809," and shall indicate to which of these actions it applies. Counsel must use the caption as it appears above. When the filing relates to all of these consolidated actions, the MDL docket number shall be followed only by the notation "ALL CASES." If the filing does not relate to all of these actions, the individual docket numbers assigned by the Clerk of this Court (as updated on the Courts web site) to those actions to which the filing relates shall also be listed. (3) Any document which is to be filed in any of these actions shall be filed with the Clerk of this Court and not with the transferor district court. (4) Counsel who appeared in the transferor district court prior to the transfer need not enter a separate appearance before this Court. Nonresident attorneys in any of these actions will not be required to apply for permission to appear or obtain local counsel in this district, and the requirements of Local Rules 83.1 and 83.2 of this Court are waived as to any attorney appearing in these actions who is duly admitted to practice before any United States District Court. (5) All attorneys must be registered with this Courts Case Management/Electronic Case Filing (CM/ECF) system no later than 21 days from the date of entry of this Order or from the date a particular action is transferred to this court, absent application to the Court for relief from this requirement, and all filings in these actions must be made electronically via the CM/ECF system. (6) All filings shall be served electronically on each of the attorneys on the attorney service list that is continually updated in the CM/ECF Master File. A distribution list should not be included on documents filed in this Court; rather, a certificate of service stating that all attorneys appearing on the attorney service list were served is sufficient. (7) Any document filed in any of these actions which is substantially identical to any other document filed in another of these actions shall be sufficient if it incorporates by reference the document to which it is substantially identical. Where counsel for multiple parties plan to file substantially identical documents, they shall join in the submission of such documents and shall file only one document on behalf of all the parties so joined. (8) The Court will be guided by the Manual for Complex Litigation, Fourth, approved by the Judicial Conference of the United States. (9) Hearings shall not be held on any motions filed except by order of the Court and upon such notice as the Court may direct. (10) Any orders, including protective orders, previously entered by any transferor district court shall remain in full force and effect unless modified by this Court upon application. (11) All discovery proceedings in these actions, other than discovery previously scheduled by agreement of counsel, are stayed until further order of this Court, and the time requirements to perform any acts or file any papers pursuant to Rules 26 through 37 of the Federal Rules of Civil Procedure are tolled until a discovery schedule is established in this consolidated action. (12) The Clerk is directed to serve this Order to counsel of record in the above cases and counsel in any additional case that may be filed, removed, or transferred to the Court in this matter. Signed by Judge Karen K. Caldwell on 2/9/2018.(CBD)cc: COR (Main Document 3 replaced on 2/14/2018) (CBD). |
Filing 1 TRANSFER ORDER re JPML No. 2809 from Judicial Panel on Multidistrict Litigation. Records requested from the transferor court(s) via email. cc: COR, JPML (CBD) Modified cc on 2/11/2018 (CBD). |
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