Wilkins v. Bristol-Myers Squibb Company et al
| James Wilkins |
| Bristol-Myers Squibb Company, AstraZeneca Pharmaceuticals LP and McKesson Corporation |
| 5:2019cv00287 |
| July 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 September 16, 2019. A more recent docket listing may be available from PACER.
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| Filing 11 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 10 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) |
| ***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 9 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 8
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 7
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 6 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 5 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 4 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). |
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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 07/19/2019 (MDC). cc: COR, MDL
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| Filing 1 COMPLAINT (NO PROCESS REQUESTED). ( Filing fee $400; receipt number 0643-4416084), filed by James Wilkins. (Attachments: #1 Civil Cover Sheet)(MDC) |
| Conflict Check run. (MDC) |
| 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. (TDA) |
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