Eugene Neal v. Bristol-Myers Squibb Company, Inc. et al
Plaintiff: Eugene Neal
Defendant: McKesson Corporation, AstraZeneca Pharmaceuticals LP and Bristol-Myers Squibb Company, Inc.
Case Number: 5:2020cv00340
Filed: August 5, 2020
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Karen K Caldwell
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 2, 2020 Opinion or Order Filing 13 ORDER: Plaintiffs shall respond to Defendants' EXPEDITED MOTION (564 in 5:18-md-02809-KKC-MAS) Regarding Remote Deposition Protocol not later than 5:00 PM on 10/5/2020. Parties shall notify the Court as soon as possible if they resolve the dispute without Court intervention. Signed by Magistrate Judge Matthew A. Stinnett on 10/2/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR
October 2, 2020 Filing 12 EXPEDITED MOTION for Regarding Remote Deposition Protocol by AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, McKesson Corporation (Attachments: #1 Proposed Order Governing Remote Depositions, #2 Exhibit 1 - 9-8 Letter from J. Moore to E. Ullman, #3 Exhibit 2 - 9-17 Email from E. Ullman to J. Moore, #4 Exhibit 3 - 9-17 Consolidated Remote Deposition Agreement)Associated Cases: 5:18-md-02809-KKC-MAS et al.(Ullman, Emily) Modified text on 10/2/2020 (CBD).
September 29, 2020 Opinion or Order Filing 10 ORDER: Pursuant to Case Management Order No. 9 ( 529 in 5:18-md-2809), hearings on any Daubert motions in this matter are scheduled for the week of January 19, 2021. These hearings are currently scheduled to take place in the federal courthouse. The Court can conduct such hearings implementing measures recommended to restrict the spread of COVID-19, such as social distancing, the availability of hand sanitizers, and the wearing of masks. If, however, any party prefers that a witness or counsel appear remotely for any Daubert hearing, they should file a motion to that effect by December 31, 2020. Signed by Judge Karen K. Caldwell on 9/29/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR
September 18, 2020 Opinion or Order Filing 9 ORDER: Based on the parties' request for an extremely expedited teleconference, the Court did not request the parties fully and formally brief the issues before it. The Court will permit either party to file a formal motion (with briefing) related to the findings in this Order if either party so desires. Accordingly, for the reasons stated herein and the Court being sufficiently advised, IT IS ORDERED that: (1) The expert depositions in this matter shall proceed remotely; (2) Plaintiffs shall provide pinpoint citations to the six preclinical findings in Dr. Goyal's report not later than 5:00 p.m. Eastern Time on September 22, 2020; and (3) Either party now has leave to file a motion seeking additional or modified relief as to the matters addressed herein. If either party files such a motion, the Court will set a briefing schedule. Signed by Magistrate Judge Matthew A. Stinnett on 9/18/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR
September 17, 2020 Filing 11 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 9/17/2020. before Magistrate Judge Matthew A. Stinnett: The Court heard the parties' respective positions on the pending disputes regarding expert discovery. The parties advised the Court they are working to resolve the issues regarding remote deposition protocols. The Court took the discovery dispute under advisement and resolved the dispute by separate order. Signed by Matthew A. Stinnett. (Tape #KYED-LEX__5-18-md-2809-KKC-MAS_20200917_154939.) Associated Cases: 5:18-md-02809-KKC-MAS et al. (CBD)cc: COR
September 16, 2020 Opinion or Order Filing 8 ORDER: (1) By 9/17/2020, at 8:00 AM Eastern Time, the involved parties SHALL submit (not file) maximum two-page letters outlining their positions on the discovery disputes. These letters shall be in PDF format and should be provided to Chambers by email (see Order). Counsel shall copy opposing counsel. Counsel may submit any relevant (but strictly targeted) portions of filings and other papers concerning the disputes as attachments to the letters. (2) The Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, on 9/17/2020 at 4:00 pm Eastern Time. To participate in the call, counsel must call (see Order). The Court will provide the access code to the parties through separate correspondence. Parties must call into the conference and be ready to proceed 5 minutes prior to the time designated. (3) In advance of the call, and as a predicate to the call, the parties shall confer in an effort to reach an agreed resolution. They shall promptly advise the Court if the call is not needed. (4) The Court will utilize the electronic sound (digital audio) recording system as the record for this call. Signed by Magistrate Judge Matthew A. Stinnett on 9/16/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR, Lex D
September 15, 2020 Filing 7 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)
September 10, 2020 Opinion or Order Filing 6 ORDER: After reviewing the docket, the Court does not find any need for the two status conferences one month apart. Accordingly, the Court hereby ORDERS that the September 15, 2020 conference is CANCELED. If either party would like for the Court to conduct a status conference prior to the quarterly teleconference scheduled for October 14, 2020 at 10:00 a.m., they may move the Court to schedule one. Signed by Judge Karen K. Caldwell on 9/10/2020.Associated Cases: 5:18-md-02809-KKC-MAS et al.(CBD)cc: COR, Lex D
August 19, 2020 Opinion or Order Filing 5 MEMORANDUM OPINION & ORDER: 1) Plas Motion to Compel and for Sanctions (DE 479 ) is GRANTED IN PART as following: a) Redactions of date of death and treatment duration to Exhibits 11, 12, and 13 of Motion and Exhibit 3 to Reply where those dates are expressed as a number of days rather than a calendar date; b) Redactions for "nonresponsiveness" to Exhibit 14 that are part of email chain entitled "June 16, 2014 Email from Krisztina Debreczeni to Rachpal Malhotra, et al."; c) Exhibits 9 of Motion and Exhibits 6, 7, 8, 9, and 10 to Reply, to extent these are publicly available documents; 2) Plas Motion to Compel and for Sanctions (DE 479 ) is DENIED IN PART as following: a) Redactions of pharmocovigilance information not related to heart failure and/or increased risk of adverse cardiac events; b) Redaction of OneNote files due to "nonresponsiveness"; and c) The request for sanctions. Within 14 days either party may appeal this decision to Judge Caldwell pursuant 636(b)(1)(A) and FRCP 72(a). Signed by Magistrate Judge Matthew A. Stinnett on 8/19/2020. Associated Cases: 5:18-md-02809-KKC-MAS et al. (TDA) cc: COR
August 17, 2020 Filing 4 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)
August 5, 2020 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 (GLD)cc: COR
August 5, 2020 Filing 1 COMPLAINT (NO PROCESS REQUESTED). ( Filing fee $400; receipt number 0643-4740890), filed by Eugene Neal. (Attachments: #1 Civil Cover Sheet)(GLD)
August 5, 2020 Conflict Check run. (GLD)
August 5, 2020 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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Defendant: McKesson Corporation
Represented By: Emily S. Ullman
Represented By: Phyllis Jones
Represented By: Paul W. Schmidt
Represented By: Carol Dan Browning
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Defendant: AstraZeneca Pharmaceuticals LP
Represented By: Emily S. Ullman
Represented By: Phyllis Jones
Represented By: Paul W. Schmidt
Represented By: Carol Dan Browning
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Defendant: Bristol-Myers Squibb Company, Inc.
Represented By: Emily S. Ullman
Represented By: Phyllis Jones
Represented By: Paul W. Schmidt
Represented By: Carol Dan Browning
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Plaintiff: Eugene Neal
Represented By: Jennifer A. Moore
Represented By: Sean A. McCarty
Represented By: Laraclay Drake Parker
Represented By: Timothy Michael Clark
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