Johnston, et al. v. Bristol-Myers Squibb Company, Inc. et al
| Mark Johnston and Sharon Schmidt |
| McKesson Corporation, AstraZeneca Pharmaceuticals LP and Bristol-Myers Squibb Company, Inc. |
| 5:2020cv00236 |
| June 2, 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 19
ORDER: The parties have filed various stipulations of dismissal into the record. In order that such stipulations be presented to the Court efficiently, the Court hereby ORDERS that, when electronically filing such stipulations, the parties SHALL SELECT the motion relief Proposed Agreed Order/Stipulation in CM-ECF. Signed by Judge Karen K. Caldwell on 7/23/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR
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| Filing 18 NOTICE by Carolyn Williams PLAINTIFFS NOTICE OF SERVICE OF GENERAL CAUSATION EXPERT REPORTS Associated Cases: 5:18-md-02809-KKC-MAS et al.(Clark, Timothy) |
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Filing 17
ORDER: the telephonic status conference currently scheduled for July 22, 2020, the Court hereby ORDERS that the status conference is CANCELED. The Court further hereby ORDERS that a TELEPHONIC STATUS CONFERENCE is SCHEDULED for September 15, 2020 at 1:00 p.m. local time. Counsel shall access the call by (directives contained in this order.) Signed by Judge Karen K. Caldwell on 7/21/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR, Lex D
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Filing 16
CASE MANAGEMENT ORDER NO. 9: In their Joint Motion (DE 514 in 5:18-md-2809, et al) to Amend Case Management Order No. 8, the parties request extensions of the deadlines for expert discovery pertaining to general causation established by Case Management Order No. 8 (DE 474 in 5:18-md-2809, et al). The Court hereby ORDERS that the expert discovery deadlines are REVISED as follows: 1) Plaintiffs must serve expert reports relating to the issue of general causation by July 21, 2020; 2) Defendants must serve expert reports relating to the issue of general causation by August 14, 2020; 3) Plaintiffs must serve rebuttal expert reports by August 31, 2020; 4) Depositions of expert witnesses on the issue of general causation must be completed by October 2, 2020; 5) Any Daubert motions challenging expert witness testimony on the issue of general causation must be filed by October 23, 2020. Any responses to such motions must be filed by November 20, 2020. Any replies must be filed by December 8, 2020. 6) Hearings on any Daubert motions will take place the week of January 19, 2021. Signed by Judge Karen K. Caldwell on 7/17/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR
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Filing 15
ORDER: 1) Plaintiffs' Motion for Leave to Seal a Document at (DE 511 in 5:18-md-2809, et al) is GRANTED; 2) Defendants Motion for Leave to Seal a Document at (DE 516 in 5:18-md- 2809, et al)is GRANTED; and 3) Defendants Motion for Leave to File a Sur-reply [DE 515 in 5:18-md-2809, et al)] is GRANTED to the extent it addresses Exhibit 6 to Plaintiffs Reply Brief [DE 512 in 5:18-md- 2809, et al)].1 4) The Court grants the motions to seal without making any determination as to the underlying discovery dispute. 5) No further briefing or sur-replies related to DE 479 will be permitted. Signed by Magistrate Judge Matthew A. Stinnett on 7/15/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR
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| Filing 14 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 13 MOTION for leave to Maintain Exhibits Under Seal Exhibits 3-10 re (513 in 5:18-md-02809-KKC-MAS) Sealed Document, by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 7/22/2020 (TDA). |
| Filing 12 MOTION for Leave by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company to File Surreply to Plaintiffs' Motion to Compel Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order, #2 Exhibit A - Proposed Surreply)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
| Filing 11 JOINT MOTION to Amend/Correct Case Management Order NO. 8 (474 in 5:18-md-02809-KKC-MAS) extending Discovery Deadlines 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) Modified text on 7/1/2020 (CBD). |
| Filing 10 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 9
ORDER: Defendants' Motion to Seal (filed as 504 in 5:18-md-2809, et al) is GRANTED. Court grants this motion to seal without making any determination as to the underlying discovery dispute. Signed by Magistrate Judge Matthew A. Stinnett on 6/19/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al. (TDA) cc: COR
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| Filing 8 JOINT STATUS REPORT by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
| Filing 7 MOTION for leave to Seal Exhibits I and J to Response (filed as 503 in 5:18-md-2809, et al) pursuant to Protective Order (171 in 5:18-md-02809-KKC-MAS) by AstraZeneca Pharmaceuticals LP, Bristol- Myers Squibb Company (Attachments: #1 Proposed Order) Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 6/15/2020 (CBD). |
| Filing 6 RESPONSE in Opposition re (479 in 5:18-md-02809-KKC-MAS, 479 in 5:18-md-02809-KKC-MAS) MOTION to Compel by Carolyn Williams MOTION for Sanctions by Carolyn Williams filed by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company. (Attachments: #1 Affidavit of Emily Ullman in Support of Motion, #2 Exhibit A - April 20 Production Letter, #3 Exhibit B - May 29 Production Letter, #4 Exhibit C - April 29 Email from T. Clark, #5 Exhibit D - May 28 Production Letter, #6 Exhibit E - June 5-8 Correspondence, #7 Exhibit F - June 11 Email from E. Ullman, #8 Exhibit G - March 9 Production Letter, #9 Exhibit H - March 19 Letter from J. Moore, #10 Exhibit I under Seal - Excerpt from SAVOR Clinical Study Report (Filed Under Seal), #11 Exhibit J under Seal - Excerpt from Clinical Report Form (Filed Under Seal), #12 Exhibit K - March 26 Letter from T. Clark, #13 Exhibit L - May 29 Email from E. Ullman)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily). Modified on 6/15/2020 (CBD). |
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Filing 5
ORDER: Motion (filed as R. 500 in 5:18-cv-2809, et al) for Extension of Time is GRANTED; And it is furthermore ORDERED that Opposition to Motion (R. 479 in 5:18-cv-2809, et al) to Compel and for Sanctions shall be due on June 12, 2020; and Reply in support of that Motion shall be due on June 26, 2020. Signed by Magistrate Judge Matthew A. Stinnett on 6/8/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR
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| Filing 4 CONSENT MOTION for Extension of Time to File Response/Reply as to (479 in 5:18-md-02809-KKC-MAS, 479 in 5:18-md-02809-KKC-MAS) MOTION to Compel by Carolyn Williams MOTION for Sanctions by Carolyn Williams by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) |
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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 0643-4685044), filed by Sharon Schmidt, Mark Johnston. (Attachments: #1 Civil Cover Sheet)(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. (TDA) |
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