Roseboro v. Bristol-Myers Squibb Company, Inc. et al
| Christopher Roseboro |
| McKesson Corporation, AstraZeneca Pharmaceuticals LP and Bristol-Myers Squibb Company, Inc. |
| 5:2020cv00143 |
| April 6, 2020 |
| 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 25
MEMORANDUM OPINION AND ORDER: (1) Defendants' Motion for Supplemental Protective Order 434 is DENIED; (2) Plaintiff's Motion for Sanctions 456 is DENIED; and The undersigned enters this Memorandum Opinion pursuant to 28 U.S.C. 636(b) (1)(A). Within fourteen (14) days after being served with a copy of this Memorandum Opinion, either party may appeal this decision to Judge Caldwell pursuant 636(b)(1)(A) and FED. R. CIV. P. 72(a). Signed by Magistrate Judge Matthew A. Stinnett on 5/22/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR
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Filing 24
ORDER: Plaintiffs' Motion to Seal (filed as 481 in 5:18-md-2809, et al) is GRANTED. IT IS FURTHER ORDERED that Plaintiffs shall immediately FILE UNDER SEAL an unredacted Motion to Compel (filed as [DE 479] in 5:18-md-2809, et al.) Plaintiffs do not need to seek further leave of the Court to file their unredacted Motion to Compel under seal. Counsel in this litigation is directed to ensure that any documents or motions they wish the Court to review in full must be filed unredacted in the electronic record (under seal where appropriate) in the future. Signed by Magistrate Judge Matthew A. Stinnett on 5/19/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR
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| Filing 23 MOTION for leave to Seal Documents re Record No.s 480 and 479 by Carolyn Williams, et al (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text on 5/19/2020 (CBD). |
| NOTICE OF DEFICIENCY TO Timothy Clark re MOTION to Compel and for Sanctions (479 in 5:18-md-02809-KKC-MAS, 479 in 5:18-md-02809-KKC-MAS). Error; attorney failed to submit a Sealed copy of the redacted main pdf image (motion). Entry by attorney. Within 7 calendar days, prepare a document entitled "Notice of Filing". Using the event "SEALED DOCUMENT," file the Notice and attach the un-redacted motion motion image, and create a link to the 479 redacted Motion. cc: COR Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
| Filing 22 REDACTED MOTION to Compel by Carolyn Williams , MOTION for Sanctions by Carolyn Williams Motions referred to Matthew A. Stinnett. (Attachments: #1 Exhibit 1 - Letter dated 03.09.2020, #2 Exhibit 2 - Letter to J. Moore, #3 Exhibit 3 - ONG007660816 - Filed Conditionally Under Seal, #4 Exhibit 4 - Chart of Redaction Compared to Unredactions, #5 Exhibit 5-A - Redacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #6 Exhibit 5-B - Redacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #7 Exhibit 5-C - Redacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #8 Exhibit 5-D - Redacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #9 Exhibit 5-E - Redacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #10 Exhibit 5-F - Redacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #11 Exhibit 6-A - Unredacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #12 Exhibit 6-B - Unredacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #13 Exhibit 6-C - Unredacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #14 Exhibit 6-D - Unredacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #15 Exhibit 6-E - Unredacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #16 Exhibit 6-F - Unredacted Saxagliptin EU Risk Management Plan - Filed Conditionally Under Seal, #17 Exhibit 7 - ONG007737274 - Filed Conditionally Under Seal, #18 Exhibit 8 - ONG008940508 - Filed Conditionally Under Seal, #19 Exhibit 9 - ONG009190991 - Filed Conditionally Under Seal, #20 Exhibit 10 - ONG007378272 - Filed Conditionally Under Seal, #21 Exhibit 11 - ONG007417887-R - Filed Conditionally Under Seal, #22 Exhibit 12 - ONG008182910-R - Filed Conditionally Under Seal, #23 Exhibit 13 - ONG008471627 - Filed Conditionally Under Seal, #24 Exhibit 14 - ONG009082955 - Filed Conditionally Under Seal, #25 Exhibit 15 - Email Correspondence, #26 Exhibit 16 - Email Correspondence, #27 Exhibit 17 - ONG008734881 - Filed Conditionally Under Seal, #28 Exhibit 18 - ONG008734924 - Filed Conditionally Under Seal, #29 Proposed Order re Motion to Compel, #30 Proposed Order re Motion for Sanctions)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) Modified text on 5/19/2020 (CBD). |
| Filing 21 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 20 REPLY to Response to Motion re (456 in 5:18-md-02809-KKC-MAS) MOTION for Sanctions filed by Plaintiff's Carolyn Williams, et al. Associated Cases: 5:18-md-02809-KKC-MAS et al. FILED pursuant to QC re 475 . (TDA) |
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Filing 19
CASE MANAGEMENT ORDER NO. 8: In their Joint Motion to Amend Case Management Order No. 7, the parties request extensions of the deadlines for expert discovery pertaining to general causation established by Case Management Order No. 7 (DE 437 in 5:18-md-2809). The Court hereby ORDERS that theexpert discovery deadlines are REVISED as follows: 1) Plaintiffs must serve expert reports relating to the issue of general causation by June 30, 2020; 2) Defendants must serve expert reports relating to the issue of general causation by July 24, 2020; 3) Plaintiffs must serve rebuttal expert reports by August 10, 2020; 4) Depositions of expert witnesses on the issue of general causation must be completed by September 11, 2020; 5) Any Daubert motions challenging expert witness testimony on the issue of general causation must be filed by October 2, 2020. Any responses to such motions must be filed by October 30, 2020. Any replies must be filed by November 13, 2020. 6) Hearings on any Daubert motions will be scheduled thereafter by Judge Caldwell. Signed by Magistrate Judge Matthew A. Stinnett on 5/7/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR
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Filing 18
ORDER: Defendants' Motion (filed as 468 in 5:18-md-02809-KKC-MAS) for Leave to Maintain Documents Under Seal is GRANTED. Signed by Magistrate Judge Matthew A. Stinnett on 5/4/2020.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 Document (466 in 5:18-md-02809-KKC-MAS) Memorandum in Support of Motion,, by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
| Filing 16 RESPONSE in Opposition re (434 in 5:18-md-02809-KKC-MAS) SUPPLEMENTAL MOTION for Protective Order by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company Supplemental filed by Carolyn Williams. (Attachments: #1 Affidavit of John E. Jorgensen)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) |
| Filing 15 DEFENDANTS' SUPPLEMENTAL MEMORANDUM REGARDING INTERNATIONAL LAW MEMORANDUM in Support of Motion re (434 in 5:18-md-02809-KKC-MAS) SUPPLEMENTAL MOTION for Protective Order by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. (Attachments: #1 Affidavit of Emily Ullman, #2 Exhibit A - Filed Under Seal, #3 Exhibit B - Filed Under Seal, #4 Exhibit C - Filed Under Seal, #5 Exhibit D - Filed Under Seal, #6 Exhibit E - Filed Under Seal, #7 Exhibit F - Filed Under Seal, #8 Exhibit G - Filed Under Seal)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily)See DE 469 for SEALED Exhibits A-G Modified text on 5/4/2020 (CBD). |
| Filing 14 TRANSCRIPT REQUEST by Carolyn Williams for proceedings held on 04/22/2020 before Judge Matthew A. Stinnett.. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Moore, Jennifer) |
| Filing 12 TRANSCRIPT REQUEST by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Inc., McKesson Corporation for proceedings held on 04/22/20 before Judge Hon. Matthew Stinnett.. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Browning, Carol) |
| NOTICE OF DOCKET MODIFICATION TO Emily Ullman re (462 in 5:18-md-02809-KKC-MAS) Reply to Response to Motion. Error: This is a reply AND a response. The document was filed only as a reply when the document should be filed as two separate entries; Entry by attorney; Clerk re-filed the document as a Response for purpose of appearing on the judge's motion report. In the future, when filing multiple documents within one filing, please refer to the ECF User Manual "Filing Other Types of Documents" for the correct procedure. No further steps required by counsel. cc: COR Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
| Filing 13 RESPONSE in Opposition re (456 in 5:18-md-02809-KKC-MAS) MOTION for Sanctions by Carolyn Williams filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. See DE 462 for Affidavit and Exhibits A-O Filed per QC re {462 filed in 5:18-md-2809). Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD) |
| Filing 11 REPLY to Response to Motion re (434 in 5:18-md-02809-KKC-MAS) SUPPLEMENTAL MOTION for Protective Order by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company , (456 in 5:18-md-02809-KKC-MAS) MOTION for Sanctions by Carolyn Williams filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. (Attachments: #1 Affidavit of E. Ullman, #2 Exhibit A - 10/17 Production Letter, #3 Exhibit B - 01/18 Production Letter, #4 Exhibit C - 10/19 Production Letter, #5 Exhibit D - 12/20 Nonclinical Production Letter, #6 Exhibit E - 02/20 Production Letter, #7 Exhibit F - 07/19 Production Letter, #8 Exhibit G - 01/22/20 Production Letter, #9 Exhibit H - 01/27/20 Production Letter, #10 Exhibit I - 03/03/20 Production Letter, #11 Exhibit J - 03/09/20 Production Letter, #12 Exhibit K - 04/20 Production Letter, #13 Exhibit L - 12/19 Clinical Production Letter, #14 Exhibit M - 01/21/20 Production Letter, #15 Exhibit N - 07/19 Dispute Letter, #16 Exhibit O - 10/19 Hearing Transcript)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
| Filing 10 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held 4/22/2020 in case 5:18-md-02809-KKC-MAS, et al before Magistrate Judge Matthew A. Stinnett: 1. The Motion for leave to seal a document (R. 453 in 5:18-md-02809-KKC-MAS) is GRANTED; 2. The Joint Motion to Amend/Correct Case Management Order No. 7 (R. 457 in 5:18-md-02809-KKC-MAS) is GRANTED; 3. The parties shall submit simultaneous briefs on or before May 1, 2020, on the relevant international law relating to the FDA submissions; 4. Upon filing of Defendants Reply to the Supplemental Motion for Protective Order (R. 434 in 5:18-md-02809-KKC-MAS) andthe briefs on international law, said motion will be taken under advisement.5. Response and reply to the Motion for Sanctions (R. 456 in 5:18-md-02809-KKC-MAS) shall be filed pursuant to Local Rule. Signed by Matthew A. Stinnett. (Court Reporter KYED-LEX__5-18-md-2809_20200422_124245.) Associated Cases: 5:18-md-02809-KKC-MAS et al. (CBD)cc: COR |
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Filing 9
ORDER: This matter is scheduled for a telephonic status conference on April 22, 2020 at 1:00 p.m. 1) the joint motion (457 in 5:18-md-2809) to amend Case Management Order No. 7 is REFERRED to Magistrate Judge Stinnett for resolution; and 2) Magistrate Judge Stinnett SHALL preside over the April 22, 2020 telephonic status conference. Counsel shall access the calls by dialing 1- 888-684-8852, then entering access code 6823688.. Signed by Judge Karen K. Caldwell on 4/17/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR, Lex Clerk
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| Filing 8 JOINT STATUS REPORT by Plaintiffs and AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 4/16/2020 (CBD). |
| Filing 7 JOINT MOTION to Amend/Correct Case Management Order No. 7 (437 in 5:18-md-02809-KKC-MAS) by Plaintiffs and 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) Modified text on 4/16/2020 (CBD). |
| Filing 6 MOTION for Sanctions by Carolyn Williams et al (Attachments: #1 Exhibit 1 - Affidavit of Jennifer A. Moore, #2 Exhibit 2 - Filed Conditionally Under Seal, #3 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al. Filed per QC re 454 (CBD) (Additional attachment(s) added on 4/14/2020: #4 SEALED Exhibit 2) (CBD). Modified on 4/14/2020 (CBD). |
| Filing 5 RESPONSE in Opposition re (434 in 5:18-md-02809-KKC-MAS) SUPPLEMENTAL MOTION for Protective Order by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company filed by Carolyn Williams. (Attachments: #1 Exhibit 1 - Affidavit of Jennifer A. Moore, #2 Exhibit 2 - Filed Conditionally Under Seal, #3 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) (Additional attachment(s) added on 4/14/2020: #4 SEALED Exhibit 2) (CBD). Modified on 4/14/2020 (CBD). |
| Filing 4 MOTION for leave to Seal a Document by Carolyn Williams (Attachments: #1 Proposed Order)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 on 10/3/2018.(SLH)cc: COR
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| Filing 1 COMPLAINT (NO PROCESS REQUESTED). ( Filing fee $400; receipt number 0643-4637952), filed by Christopher Roseboro. (Attachments: #1 Civil Cover Sheet)(SLH) |
| 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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