Ewing et al. v. Indevus Pharmaceuticals, Inc. et al
| Gloria M Ewing, Kellie C Anderson, Mitzi L Beaman, Sandy K Carpenter, Effie Chambliss, Kathleen M Cuevas, Karen A Davis, Stephen K Davis, Jan C Dickey, Denise F Dingler, Charlene Eaton, Natalie B Fournier, Cathy G Haynsworth, Karey M Hill, Mary E Hobson, Iva J Lewis, Charles K Little, Janice L Mabry, Lucita Selmon and Delores L Shankle |
| Indevus Pharmaceuticals, Inc., Wyeth, Inc., Wyeth Pharmaceuticals Inc., Interneuron Pharmaceutical, Inc., et al., American Home Products Corporation, Wyeth-Ayerst Pharmaceuticals, Inc., A Division of American Home Products Corporation and Boehringer Ingelheim Pharmaceuticals, Inc. |
| 1:2004cv11094 |
| May 21, 2004 |
| US District Court for the District of Massachusetts |
| George A OToole |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1446 Petition for Removal- Personal Injury |
| Both |
Docket Report
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| Filing 13 Judge George A. O'Toole Jr.: ORDER entered MEMORANDUM AND ORDER in LEAD CASE 04-cv-10911-GAO "... As set forth above, I conclude that Wyeth has failed to establish that there is no reasonable basis for the plaintiffs' claims against Indevus, and therefore, I conclude that Indevus was not fraudulently joined as a defendant. Accordingly, Wyeth's motion to stay is denied, and the plaintiffs' several motions to remand are granted. The cases are to be remanded to the state court. It is SO ORDERED." Case remanded to Middlesex Superior Court. cc/cl(Edge, Eugenia) |
| Civil Case Terminated. (Edge, Eugenia) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by Indevus Pharmaceuticals, Inc.. (Matule, Matthew) |
| Filing 11 ANSWER to Complaint with Jury demand And Affirmative Defenses by Indevus Pharmaceuticals, Inc..(Matule, Matthew) |
| Filing 10 NOTICE of Appearance by Matthew J. Matule on behalf of Indevus Pharmaceuticals, Inc. (Matule, Matthew) |
| Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Status Conference held on 7/13/2004. A status conference was held before Judge O'Toole on July 13, 2004. At the status conference, the Court ordered that until further notice all documents filed in Andrus, et al., v. Indevus Pharmaceuticals, et al., 04-10911, shall be deemed filed in each related diet drug product liability action involving Indevus Pharmaceuticals and other defendants. By July 14, 2004, the defendants will file a proposed order designating Andrus, et al., v. Indevus Pharmaceuticals, et al., 04-10911, as the common action in which to file all papers concerning diet drug product liability actions involving Indevus Pharmaceuticals and other defendants, and the plaintiffs shall have until July 23, 2004 to object to the proposed order. The plaintiffs shall file any motions to remand by July 23, 2004. The plaintiffs shall file any oppositions to the defendants' motions to stay by July 23, 2004.The defendants shall file any oppositions to the plaintiffs' motions to remand by August 9, 2004. The Court will hear oral arguments on the plaintiffs' motions to remand and the defendants' motions to stay on Thursday, August 12, 2004, at 2 p.m. The defendants moved for, without opposition, and were granted leave to file amended answers by July 23, 2004.The defendants moved for, without opposition, and were granted an extension of 30 days after the date on which a response would otherwise be due to respond to the complaints that they expect will be served on 115 Wyeth sales representatives. (Court Reporter Shelly Killian.) (Lyness, Paul) |
| Filing 9 NOTICE of Hearing: Status Conference set for 7/13/2004 at 02:30 PM in Courtroom 9 before George A. O'Toole Jr. Please mark your calendars accordingly.(Barrette, Mark) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by Boehringer Ingelheim Pharmaceuticals, Inc.. (Matule, Matthew) |
| Filing 7 MOTION to Remand by Kellie C Anderson, Mitzi L Beaman, Sandy K Carpenter, Effie Chambliss, Kathleen M Cuevas, Karen A Davis, Stephen K Davis, Jan C Dickey, Denise F Dingler, Charlene Eaton, Gloria M Ewing, Natalie B Fournier, Cathy G Haynsworth, Karey M Hill, Mary E Hobson, Iva J Lewis, Charles K Little, Janice L Mabry, Lucita Selmon, Delores L Shankle.(Appel, Michael) |
| Filing 6 NOTICE of Appearance by Matthew J. Matule on behalf of Boehringer Ingelheim Pharmaceuticals, Inc. (Matule, Matthew) |
| Filing 5 ANSWER to Complaint with Jury Demand and Affirmative Defenses by Boehringer Ingelheim Pharmaceuticals, Inc..(Matule, Matthew) |
| Filing 4 NOTICE by Wyeth Pharmaceuticals Inc., Wyeth, Inc. Of Filing With Clerk's Office (Yamin, David) |
| Filing 3 ANSWER to Complaint (Notice of Removal) by Wyeth Pharmaceuticals Inc., Wyeth, Inc.. (Yamin, David) |
| Filing 2 NOTICE by Wyeth Pharmaceuticals Inc., Wyeth, Inc. of Order Referring Remand Motions in Diet Drug Cases to a Single Judge for Decision (Howe, Janice) |
| Filing 1 NOTICE OF REMOVAL by Wyeth Pharmaceuticals Inc., Wyeth, Inc. from Middlesex Superior Court, case number 2004-1244. $ 150, filed by Wyeth Pharmaceuticals Inc., Wyeth, Inc.. (Attachments: #1 Part 1#2 Part 2)(Howe, Janice) |
| ***Attorney Edward J. Barshak for Sandy K Carpenter; Effie Chambliss; Kathleen M Cuevas; Karen A Davis; Stephen K Davis; Jan C Dickey; Denise F Dingler; Charlene Eaton; Gloria M Ewing; Natalie B Fournier; Cathy G Haynsworth; Karey M Hill; Mary E Hobson; Iva J Lewis; Charles K Little; Janice L Mabry; Lucita Selmon; Delores L Shankle; Kellie C Anderson and Mitzi L Beaman, Michael S. Appel for Sandy K Carpenter; Effie Chambliss; Kathleen M Cuevas; Karen A Davis; Stephen K Davis; Jan C Dickey; Denise F Dingler; Charlene Eaton; Gloria M Ewing; Natalie B Fournier; Cathy G Haynsworth; Karey M Hill; Mary E Hobson; Iva J Lewis; Charles K Little; Janice L Mabry; Lucita Selmon; Delores L Shankle; Kellie C Anderson and Mitzi L Beaman added. (Diskes, Sheila) |
| If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Dein. (Smith3, Dianne) |
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