Phillips v. Bristol-Myers Squibb Company, Inc. et al
| Mary Phillips |
| AstraZeneca Pharmaceuticals LP, McKesson Corporation and Bristol-Myers Squibb Company, Inc. |
| 5:2019cv00302 |
| July 30, 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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| Filing 16 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) |
| Filing 15 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 14 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) |
Filing 13
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
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Filing 12
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
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| Filing 11 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 10 WAIVER OF SERVICE Returned Executed by Mary Phillips. McKesson Corporation waiver sent on 7/30/2019, answer due 9/30/2019. (Mendenhall, Calle) |
| Filing 9 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 8 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 7 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) |
| Attorney Update. Attorney Phyllis Jones,Emily S. Ullman,Carol Dan Browning,Paul W. Schmidt for AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation added. (CBD) |
| Filing 6 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) |
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Filing 5
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 4
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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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.(JJ)cc: COR
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| Filing 1 COMPLAINT (NO PROCESS REQUESTED). ( Filing fee $400; receipt number 0643-4424277), filed by Mary Phillips.(JJ) |
| Conflict Check run. (JJ) |
| 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) |
| Clerk's Note: An incorrect remark was entered this date and has been deleted. A corrected remark will be entered. (CBD) |
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