Garza et al v. GlaxoSmithKline LLC
| By Parents D. J. G., Stephanie Lynn Garza and Joseph Alfred Garza |
| GlaxoSmithKline LLC |
| 1:2019cv11244 |
| June 4, 2019 |
| US District Court for the District of Massachusetts |
| F Dennis Saylor |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 24, 2019. A more recent docket listing may be available from PACER.
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| Filing 12 Judge F. Dennis Saylor, IV: ORDER entered. MDL Order No. 36. ORDER FURTHER SUPPLEMENTING AND MODIFYING MDL ORDER NOS. 30, 31, AND 34 GOVERNING SCHEDULING OF PHASE 5, GROUP 1 CASE-SPECIFIC EXPERT DISCOVERY AND DAUBERT AND DISPOSITIVE MOTIONS. Associated Cases: 1:15-md-02657-FDS et al. (Bono, Christine) |
| Filing 11 Judge F. Dennis Saylor, IV: ORDER entered. MDL Order No. 35Associated Cases: 1:15-md-02657-FDS et al.(McDonagh, Christina) |
| Filing 10 Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 7/10/2019. (1) The Court heard updates on the current total of federal and state filings. (2) The Court heard updates on Phase 5 discovery.(3) A colloquy was held about scheduling issues in Rodriguez v. GSK, Case No. 1:15-cv-13762, the first case selected for trial. The Court will postpone the 9/16/2019 trial date in order to address the issue of federal preemption. Trial counsel are directed to file statements of their availability in late 2019 and early 2020 with the Court by 7/17/2019 so that the trial can be rescheduled. (4) A colloquy was held about how the Court should proceed in light of the United States Supreme Courts recently issued decision in Merck Sharp & Dohme Corp. v. Albrecht. GSK will have until 7/18/2019 to file a renewed motion for summary judgment on the basis of preemption. Any oppositions must be filed within 45 days after service of the motion, and any replies must be filed within 14 days after service of the opposition. In addition, the parties will have until 7/24/2019 to file proposed language for a submission inviting the FDA to file an amicus brief in connection with the forthcoming motion.(5) The Court heard updates on plaintiffs motion to compel discovery from a GSK consultant.(6) The Court scheduled further status conferences for 8/14/2019; 9/18/2019; and 10/17/2019.(7) The Court heard argument on GSKs motions for summary judgment based on lack of general causation evidence and took the matters under advisement. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Stephanie Lynn Garza, Joseph Alfred Garza. GlaxoSmithKline LLC waiver sent on 6/17/2019, answer due 8/16/2019. (Verhine, Everette) |
| Filing 8 NOTICE TO TELEPHONE PARTICIPANTS: Please use the following Participant line: (800) 459-5346 and Conference ID: Zofran for the Status Conference set for July 10, 2019 at 1:30 PM Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
| Filing 7 Judge F. Dennis Saylor, IV: ORDER entered. MDL Order No. 34. ORDER FURTHER SUPPLEMENTING AND MODIFYING MDL ORDER NOS. 30 AND 31. Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
| Filing 6 NOTICE of Appearance by Jennifer M. Stevenson on behalf of GlaxoSmithKline LLC (Stevenson, Jennifer) |
| Filing 5 Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 6/11/2019.(1) The Court heard updates on the current total of federal and state filings.(2) The Court heard updates on Phase 5 fact discovery. (3) The Court heard updates on Phase 5 expert discovery, including Magistrate Judge Dein's recently issued order on plaintiffs motions to compel in Fluth v. GSK, Case No. 1:17-cv-10066. (4) The Court heard updates on Phase 5, Group 1 trial selections, including Rodriguez v. GSK, Case No. 1:15-cv-13762, the first case selected for trial.(5) A colloquy was held about how the Court should proceed in light of the United States Supreme Court's recently issued decision in Merck Sharp & Dohme Corp. v. Albrecht. The parties will have until 7/1/2019 to file any additional briefing on the question of preemption, such as a renewed motion for summary judgment. Any oppositions will be due 7/9/2019. The Court will take the matter up at the 7/10/2019 status conference.(6) A colloquy was held about trial logistics and setting a timetable for further pretrial filings.(7) The Court heard updates on GSK's motion for summary judgment based on lack of general causation evidence, and a colloquy was held about filing logistics. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Pezzarossi, Lisa) |
| Filing 4 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Coppola, Katelyn) |
| Filing 3 NOTICE OF MDL CASE OPENED, Direct file in the District of Massachusetts; Garza, et al v. GlaxoSmithKline LLC. In Re: Zofran (Ondansetron) Products Liability Litigation, MDL 2657. (Finn, Mary) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge F. Dennis Saylor, IV assigned to case. (Finn, Mary) |
| Filing 1 COMPLAINT For Damages against All Defendants Filing fee: $ 400, receipt number 0101-7716006 (Fee Status: Filing Fee paid), filed by D. J. G., Joseph Alfred Garza, Stephanie Lynn Garza. (Attachments: #1 Civil Cover Sheet, #2 Supplement, #3 Exhibit)(Verhine, Everette) |
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