Branham v. Bristol-Myers Squibb Company, Inc. et al
| Jerry Branham |
| AstraZeneca Pharmaceuticals LP and Bristol-Myers Squibb Company, Inc. |
| 5:2019cv00252 |
| June 19, 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 August 15, 2019. A more recent docket listing may be available from PACER.
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| Filing 13 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 12
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
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Filing 11
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.
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| 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) |
| Filing 10 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 9 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 8 INCORRECTLY FILED AS TO THIS MEMBER CASE - 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). |
| Filing 7 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). |
| Filing 6 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). |
| Filing 5 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 |
| Conflict Check run. (SLH) |
| 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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Filing 4
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 (SLH)cc: COR, MDL Modified on 6/20/2019 (SLH).
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| Filing 3 Summons Issued as to AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc.; Summons issued and returned to counsel electronically for service by C T Corporation System. (Attachments: #1 Summons Bristol- Myers and Squib Campany)(SLH) |
| Filing 1 COMPLAINT ( Filing fee $400; receipt number 0643-4390359), filed by Jerry Branham. (Attachments: #1 Civil Cover Sheet, #2 Summons AstraZeneca Pharmaceuticals, LP, #3 Summons Bristol-Myers Squibb Company)(SLH) |
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