Cody Ryan v. Bristol-Myers Squibb Company, Inc. et al
| Cody Ryan |
| McKesson Corporation, AstraZeneca Pharmaceuticals LP and Bristol-Myers Squibb Company, Inc. |
| 5:2019cv00343 |
| August 27, 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 27 RESPONSE in Opposition re (8 in 5:19-cv-00414-KKC) 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) |
Filing 26
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
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| Filing 25 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 24 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). |
| Filing 23 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). |
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Filing 22
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
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| ***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) |
| Filing 21 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 20 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 19
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
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| Filing 18 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 17 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) |
| Filing 16 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) |
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Filing 15
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).
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| Filing 14 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 13 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). |
| Filing 12 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 11 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 10 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) |
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Filing 9
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 8
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 7 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 6 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 5 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 4 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) |
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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.(KM)cc: COR
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| Filing 1 COMPLAINT. (Filing fee $400; receipt number 0643-4449536), filed by Cody Ryan. (Attachments: #1 Civil Cover Sheet)(KM) |
| Conflict Check run. (KM) |
| 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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