Sherill v. Bristol-Myers Squibb Company, Inc. et al
| Martha Sherill |
| McKesson Corporation, AstraZeneca Pharmaceuticals LP and Bristol-Myers Squibb Company, Inc. |
| 5:2019cv00023 |
| January 28, 2019 |
| US District Court for the Eastern District of Kentucky |
| Karen K Caldwell |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 28, 2019. A more recent docket listing may be available from PACER.
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| 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) |
| Filing 16 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 15 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 14 NOTICE of Change of Address by Jennifer A. Moore Associated Cases: 5:18-md-02809-KKC et al.(Moore, Jennifer) |
| ***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 13 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 12
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
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Filing 11
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
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| Filing 10 MOTION for Extension of Time to File Response/Reply as to Order to Show Cause ( 208 in 5:18-cv-2809-KKC, ET AL) by Plaintiffs (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC et al.(Moore, Jennifer) Modified text on 2/26/2019 (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) |
| Filing 9 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). |
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Filing 8
ORDER: The Joint Motions for Entry of Stipulated Cases Management Orders (DE 169 , 183 in 5:18-2809) were filed by the plaintiffs and only the following defendants:AstraZeneca Pharmaceuticals LP,Bristol-Myers Squibb Company, andMcKesson Corporation. Certain actions in this MDL name defendants other than these three defendants. Accordingly, the Court hereby ORDERS that, within 21 days of the entry date of this order, Plaintiffs Co-lead Counsel MUST FILE a response to this order SHOWING CAUSE why the claims against any defendants other than the three defendants named above should not be dismissed from any action currently pending in this MDL and from any action subsequently made a part of this MDL. In addition, the Master Complaint asserts that Plaintiffs have suffered injuries including,but not limited to, "heart failure, congestive heart failure, cardiac failure, death fromheart failure, and other serious health conditions as set forth in the individual Short FormComplaints, Plaintiff Profile Forms, Plaintiff Fact Sheets or any other responsive discoveryadduced in the respective constituent actions." (DE 185 , Master Complaint 5.) Accordingly, the Court hereby ORDERS that, within 21 days of the entry date of thisorder, Plaintiffs' Co-lead Counsel MUST FILE a Notice Regarding Injuries Allegedclarifying whether any plaintiff in this MDL alleges injuries other than heart failure includingwrongful death resulting from heart failure.. Signed by Judge Karen K. Caldwell on 2/4/2019.Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR
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Filing 7
CASE MANAGEMENT ORDER NO. 3 REGARDING GENERAL CAUSATION DISCOVERY AND DAUBERT MOTIONS: Having conducted a status conference in this matter on December 18, 2018, and having further considered the Joint Discovery Plan ( 202 in 5:18-md-02809-KKC et al) submitted by the parties, the Court hereby ORDERS as follows: 1. Counter-claims, Cross-Claims, and Third-Party Complaints ddl 2/1/19. 2. Motions in Individual Cases pursuant to Federal Rule of Civil Procedure 12 shall be stayed until after the completion of the first phase of discovery on the issue of general causation. Discovery Procedures see items 3- 6 of this Order. Coordination with State Court Proceedings see items 7- 9 of this Order. 10. Fact discovery on the issue of general causation may commence upon the entry of this Order. 11. Fact discovery relating to issues of general causation ddl 7/9/19. 12. Plaintiffs shall serve expert reports re general causation by 7/25/19. 13. Defendants shall serve expert reports re general causation by August 8, 2019. 14. Plaintiffs shall serve rebuttal expert reports by 8/26/19. 15. Depositions of expert witnesses re general causation ddl 9/27/19. 16. Daubert motions challenging expert witness testimony on the issue of general causation ddl 10/28/19. Oppositions to such motions shall be due on 12/4/19. Any replies shall be due on 12/20/19. 17. Hearings on any Daubert motions have been scheduled for January 21-23, 2020.. Signed by Judge Karen K. Caldwell on 1/29/19. Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR Modified text on 1/29/2019 (CBD).
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Filing 6
ORDER: Plaintiffs' motion to approve the proposed short form complaint (SFC) (DE 193 in 5:18-MD-2809, et al) is GRANTED. The Court further ORDERS as follows: 1) In accordance with the motion (DE 193) for approval of the SFC and the Stipulated Order Regarding Direct Filing (DE 174 in 5:18-MD-2809, et al), plaintiffs who file their case directly in this MDL must do so by filing the SFC as the initiating pleading. No other plaintiffs are required to file the SFC; and 2) By filing the SFC, a plaintiff adopts all the allegations and claims in the Master Complaint but asserts only the claims indicated on the SFC against only the defendants indicated on the SFC and alleges only the injuries indicated on the SFC. granting (193) Motion for Order in case 5:18-md-02809-KKC. Signed by Judge Karen K. Caldwell on 1/29/19. Associated Cases: 5:18-md-02809-KKC et al.(CBD)cc: COR
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| Filing 5 Summons Issued as to AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation; Summons issued and returned to counsel electronically (CBD) |
| Filing 4 NOTICE OF FILING process for issuance by Martha Sherill (Attachments: #1 Summons)(Burke, Daniel) Modified text on 1/29/2019 (CBD). |
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Filing 3
STANDING ORDER: 1. The Clerk is DIRECTED to ASSIGN all related matters to the Honorable Karen K. Caldwell on the Lexington docket. 2. All individual actions shall be consolidated with the MDL Master File No. 5:18-md-2809. 3. Actions shall be consolidated for purposes of discovery and other pre-trial matters. 4. A copy of this Order shall be filed in each appropriate case with a copy to all counsel. Signed by Judge Karen K. Caldwell on 10/3/2018. (SKV) cc: COR
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| Filing 1 COMPLAINT ( Filing fee $400; receipt number 0643-4270462), filed by Martha Sherill. (Attachments: #1 Civil Cover Sheet)(SKV) |
| Conflict Check run. (SKV) |
| NOTICE OF DEFICIENCY TO Daniel C. Burke re #1 Complaint: attorney notified clerk the summons should be returned electronically; however, a prepared summons was not attached to the electronic filing of the complaint in the fictitious miscellaneous case number 19-99999. A summons may be issued by presenting the prepared summons to the Clerk for issuance on paper or by electronically filing a document entitled Notice of Filing with the prepared summons as an attachment within 7 calendar days. cc: COR (CBD) |
| REMARK: Counsel is on notice that they shall refer to #www.kyed.uscourts.gov/518-md-02809-kkc for review of Orders, including but not limited to the Order Regarding Practice and Procedure Upon Transfer and Case Management Orders governing all cases in these MDL proceedings. If you are not registered as an ECF Filing User, please complete the ECF Registration Form and return it to the Clerk within twenty-one (21) days. cc: Order Regarding Practice & Procedure upon Transfer filed February 9, 2018 served via U.S. Mail to counsel not registered as ECF Filing Users. (CBD) |
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