Stewart v. GlaxoSmithKline, LLC
| Christine Stewart |
| GlaxoSmithKline, LLC |
| 1:2019cv11411 |
| June 26, 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 August 14, 2019. A more recent docket listing may be available from PACER.
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| Filing 13 Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 8/14/2019. (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 further colloquy was held about the possibility of inviting the FDA to file an amicus brief in connection with the GSKs renewed motion for summary judgment based on federal preemption.(4) The Court heard updates on exhibits to GSKs renewed motion for summary judgment based on federal preemption.(5) 1616 Plaintiffs Executive Committees Motion to Amend Order on In Camera Production of Documents Concerning Dr. April Zambelli-Weiner, to the extent it is a motion seeking relief from the Court, is DENIED.(6) A colloquy was held about 1518 GSKs Supplement to Its Motion to Compel Dr. Zambelli-Weiner to Produce Documents in Compliance with the Courts Prior Orders.(7) The Court heard argument on 1562 PSCs Motion to Compel Information on GSKs Payments to Zofran Study Authors. For the reasons stated on the record, the motion is DENIED without prejudice to its renewal.(8) The Court heard argument on 1630 GSKs Emergency Motion to Quash the Parker Subpoena or, in the Alternative, for a Protective Order. For the reasons stated on the record, the motion is GRANTED.(9) The Court heard updates on 1526 GSKs Motion for Summary Judgment Based on Lack of General Causation Evidence, which is currently under advisement.(10) The Court scheduled trial in Rodriguez v. GSK, Case No. 1:15-cv-13762, the first case selected for trial, to begin on January 13, 2020.(11) Due to the unavailability of counsel, the Court rescheduled the October status conference, originally scheduled for 10/17/2019, for 10/15/2019 at 11:00 a.m. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
| Filing 12 Counsel may attend the status conference set for 8/14/2019 at 1:30 p.m. by telephone. Please use the following dial-in information: DIAL IN: 1-866-952-8559, CONFERENCE ID: Zofran REMINDER: Counsel who are not addressing the Court, please mute your telephones, so that you can hear the proceeding but other participants will not hear any unwanted noise or interference. Do not put your telephone on hold. Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
| Filing 11 Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Telephone Conference held on 8/5/2019. Briefing schedule for GSK's Motion for Summary Judgment Based on Federal Preemption and Plaintiff's Motion to Strike addressed. Court sets deadlines as follows:Plaintiff's response to GSK's Motion for Summary Judgment Based on Federal Preemption due 10/11/2019. Plaintiff's Motion to Strike shall be filed by 8/26/2019; responses due 9/10/2019. Oral argument shall take place 9/18/2019 at 1:30 PM.Next status remains set for 8/14/2019. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
| Filing 10 NOTICE of Appearance by Jennifer M. Stevenson on behalf of GlaxoSmithKline, LLC (Stevenson, Jennifer) |
| Filing 9 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 8 Judge F. Dennis Saylor, IV: ORDER entered. MDL Order No. 35Associated Cases: 1:15-md-02657-FDS et al.(McDonagh, Christina) |
| Filing 7 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 6 WAIVER OF SERVICE Returned Executed by Christine Stewart. GlaxoSmithKline, LLC waiver sent on 6/28/2019, answer due 8/27/2019. (Nabers, J.) |
| Filing 5 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 4 Summons Issued as to GlaxoSmithKline, LLC. 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. (Jones, Sherry) |
| Filing 3 NOTICE OF MDL CASE OPENED, Direct file in the District of Massachusetts; Stewart 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 Short Form Complaint-Brand against GlaxoSmithKline, LLC Filing fee: $ 400, receipt number 0101-7752273 (Fee Status: Filing Fee paid), filed by Christine Stewart. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Nabers, J.) |
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| Defendant: GlaxoSmithKline, LLC | |
| Represented By: | Jennifer M. Stevenson |
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| Plaintiff: Christine Stewart | |
| Represented By: | J. Scott Nabers |
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