Shannon v. Bristol-Myers Squibb Company, Inc. et al
| Danna Shannon |
| McKesson Corporation, AstraZeneca Pharmaceuticals LP and Bristol-Myers Squibb Company, Inc. |
| 5:2019cv00398 |
| September 26, 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 November 18, 2019. A more recent docket listing may be available from PACER.
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| ***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: Joint Status (402 in 5:18-md-02809-KKC-MAS, et al). Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
| Filing 24 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 23
CASE MANAGEMENT ORDER NO. 5 ESTABLISHING STANDARDS AND PROCEDURES FOR COUNSEL SEEKING REIMBURSEMENT FOR COMMON BENEFIT FEES AND COSTS: This Order is entered to provide standards and procedures for the fair and equitable sharing among Plaintiffs, and their counsel, of the burden of services performed and expenses incurred by attorneys acting for the common benefit of all plaintiffs in this complex litigation. Each Participating Counsel who performs work or incurs expense for the common benefit has the right to present his/her claims for compensation and/or reimbursement prior to any distribution approved by this Court. At the appropriate time, this Court shall request that the PEC make recommendations for distributions to Participating Counsel who have performed common benefit work and/or incurred common benefit expenses. The PEC shall dictate the recommended distribution for common benefit work, and shall determine the most fair and efficient manner by which to evaluate all of the time and expense submissions in making its recommendations to this Court. The Court will give due consideration to the recommendations. Signed by Judge Karen K. Caldwell on 11/7/2019. (Attachments: #1 Exhibit A - Participation Agreement, #2 Exhibit B - Monthly Expense, #3 Exhibit C - Monthly Time)Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR Modified text on 11/7/2019 (CBD).
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Filing 22
ORDER: plaintiffs' motion for entry of a case management order establishing standards and procedures for counsel seeking reimbursement for common benefit fees and costs (filed as DE 180 in 5:18-md-2809, et al) is GRANTED to the extent it requests that the Court enter the plaintiffs' third amended proposed case management order tendered at (DE 372-1 in 5:18-md-2809, et al), together with the exhibits referenced in the order and which are filed at (DE 344-2, 344-3, and DE 344-4 in 5:18-md-2809, et al.) The motion is otherwise DENIED. Signed by Judge Karen K. Caldwell on 11/7/2019. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR
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| NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re CMO 5 (401 in 5:18-md-02809-KKC-MAS); Error: Incorrect caption "Case Management Order No. 1" entered; Entry by clerk; Correction: Caption was corrected to reflect "Case Management Order No. 5"; No further action required. cc: COR Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
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Filing 21
MEMORANDUM OPINION & ORDER: For the reasons stated herein, IT IS ORDERED that Plaintiffs Motion to Compel 349 is: 1) GRANTED as to the clinical and non-clinical trial data; 2) GRANTED as to the pharmacoviligence data; 3) GRANTED IN PART and DENIED IN PART, as detailed above, as to the custodial files. Signed by Magistrate Judge Matthew A. Stinnett on 11/5/2019.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR
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| NOTICE OF DOCKET MODIFICATION TO Emily Ullman re (398 in 5:18-md-02809-KKC-MAS) Reply. Error: a link was not created to the Motion; Entry by attorney; Clerk modified the entry to create a link to the Motion, thereby placing the reply on the Judge's motion report. In the future, create a link to the subject motion. The appropriate event is Reply to Response to Motion. No further action required by counsel. cc: COR Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
| Filing 20 REPLY to Response to Motion for Leave to Maintain Under Seal filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: NOTICE OF FILING THIRD AMENDED [PROPOSED] CASE MANAGEMENT ORDER (filed as 372 in 5:18-md-02809-KKC-MAS, et al) ESTABLISHING STANDARDS AND PROCEDURES FOR COUNSEL SEEKING REIMBURSEMENT FOR COMMON BENEFIT FEES AND COSTS re MOTION (R. 180 in 5:18-md-2809, et al) Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
| Filing 19 RESPONSE in Opposition re (376 in 5:18-md-2809-KKC, et al) 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) Modified link on 10/26/2019 (CBD). |
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Filing 18
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 17 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 16 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). (Additional attachment(s) added on 10/21/2019: #5 Un-redacted Proposed Search Term Recommendations) (CBD). (Attachment 3, 4 replaced on 11/1/2019 with images in color) (CBD). |
| Filing 15 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 14
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 13 MOTION for leave to Seal a Documents: (1) Exhibit A Study Summary for the Single-Dose Intravenous Exploratory Cardiovascular Telemetry Study in Monkeys (ONG005726792) (2) Exhibit B Email Correspondence regarding Study Summary (ONG005726790) by Defendants (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 11/5/2019 (CBD). |
| Filing 12 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 11
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 10 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 9 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 8 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 7
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 6 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 5 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 4 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) |
| 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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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.(GLD)cc: COR
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| Filing 1 COMPLAINT (NO PROCESS REQUESTED). ( Filing fee $400; receipt number 0643-4475322), filed by Danna Shannon. (Attachments: #1 Civil Cover Sheet)(GLD) |
| Conflict Check run. (GLD) |
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