Cosolito v. Glaxosmithkline, LLC
| Leslie Cosolito |
| GlaxoSmithKline LLC |
| 1:2019cv11636 |
| July 30, 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. § 1332 |
| Both |
Docket Report
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| Filing 24 Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 9/18/2019.1)The Court heard updates on the current total of federal and state filings.2)The Court heard updates on Phase 5 discovery. 3)The Court heard argument on 1647 PSCs Motion to Strike Evidence from GSKs Renewed Motion for Summary Judgment Based on Preemption and took the matter under advisement.4)The Court scheduled a final pretrial conference in Rodriguez v. GSK, Case No. 1:15-cv-13762, for January 9, 2020 at 2:00 p.m. 5)The Court set pretrial disclosure deadlines in Rodriguez as follows: exhibit lists, witness lists, proposed jury instructions, and proposed voir dire questions to be filed by December 14, 2019; motions in limine to be filed by December 7, 2019, with oppositions due by December 16, 2019.6)The Court set a deadline of October 25, 2019 for plaintiffs oppositions to GSKs summary judgment motions in Rodriguez.7)The Court scheduled the October status conference 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 23 NOTICE TO TELEPHONE PARTICIPANTS: Please use the following Participant line: (877) 876-9173 and Conference ID: Zofran for the Status Conference set for September 18, 2019 at 1:30 PM. REMINDER: Counsel who wish to address the court by telephone must notify the courtroom deputy by email prior to the conference. Counsel who are not addressing the Court, please mute your telephones, so that you may hear the proceeding but other participants will not hear background noise or interference. Do not put your telephone on hold. Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
| Filing 22 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 21 COMPLAINT Leslie Cosolito on behalf of A.C. and N.C. her minor children against GlaxoSmithKline LLC (Fee Status: Paid in a member case) Short form complaint is filed as related to MDL: 2768 and the member case number is 1:19-cv-02123, filed by Leslie Cosolito.(DiJoseph, III, Arnold) |
| Filing 20 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 19 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 18 NOTICE of Appearance by Jennifer M. Stevenson on behalf of GlaxoSmithKline LLC (Stevenson, Jennifer) |
| Filing 17 Judge F. Dennis Saylor, IV: MDL ORDERS NO. 1-11 entered, see lead docket for further mdl orders.(Jones, Sherry) |
| Filing 16 ELECTRONIC NOTICE of Case Assignment. Judge F. Dennis Saylor, IV assigned to case. (Jones, Sherry) |
| Filing 15 NOTICE TO ALL COUNSEL: Pursuant to CTO Number: 38, MDL No. 2657 has been transferred from Eastern District of New York and assigned civil action number: 19-11636. Eastern District of New York case number: 19-2123. In Re: Zofran (Ondansetron) Products Liability Litigation, MDL 2657 (Jones, Sherry) |
| Filing 14 Case transferred in from District of New York Eastern; Case Number 1:19-cv-02123. |
| Filing 13 CERTIFIED COPY OF JPMDL Conditional Transfer Order CTO-38: Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the District of Massachusetts for the reasons stated in the order of October 13, 2015, and, with the consent of that court, assigned to the Honorable F. Dennis Saylor. (Marziliano, August) |
| Filing 12 Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the District of Massachusetts for the reasons stated in the order of October 13, 2015, and, with the consent of that court, assigned to the Honorable F. Dennis Saylor. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the District of Massachusetts. (Marziliano, August) |
| Case transferred to District of Massachusetts. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Marziliano, August) |
ORDER: The in person initial conference scheduled for 9/13/2019 at 2:30 P.M. before Magistrate Judge Sanket J. Bulsara is hereby adjourned sine die. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/26/2019. (Manson, Eddie)
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| Filing 11 NOTICE of Potential Tag - Alone cases. Originally filed Before the US Judicial Panel on Multidistrict Litigation. (Marziliano, August) |
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Filing 10
SCHEDULING ORDER: An in-person initial conference will be held at 2:30 P.M. on 9/13/2019 before Magistrate Judge Sanket J. Bulsara in Courtroom 324N. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 9/13/2019. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/17/2019. (Manson, Eddie)
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ORDER: The motion for extension of time #9 is granted. The deadline for Defendant Glaxosmithkline, LLC to answer or otherwise respond to the Complaint is hereby extended to 8/14/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/17/2019. (Murphy, Colleen)
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| Filing 9 MOTION for Extension of Time to File Response/Reply to plaintiffs complaint, currently due on July 17, 2019 by Glaxosmithkline, LLC. (Lyons, John) |
| Incorrect Case/Document/Entry Information. Document #6 submitted as proposed summons is incorrect; enclosed document is the civil cover sheet. Please disregard document #6 and refer to document #7 for proposed summons. (Manson, Eddie) |
| Filing 8 Summons Issued as to Glaxosmithkline, LLC. (Ramesar, Thameera) |
| Filing 7 Proposed Summons filed by Leslie Cosolito, Proposed Summons. Re #1 Complaint, by Leslie Cosolito (DiJoseph, Arnold) |
| Filing 6 Proposed Summons. by Leslie Cosolito (DiJoseph, Arnold) |
| Filing 5 Proposed Summons. Re #1 Complaint, by Leslie Cosolito (DiJoseph, Arnold) |
| Incorrect Document Information. #5 Proposed Summons- Defendnant's address is incomplete. (Ramesar, Thameera) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Leslie Cosolito (DiJoseph, Arnold) |
| Case assigned to Judge LaShann DeArcy Hall and Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| NOTICE - the Clerk's Office cannot assign this case without a completed Civil Cover Sheet (MISSING SECOND PAGE FORM). Counsel is directed to forward a completed Civil Cover Sheet, answering all questions in *** NY-E DIVISION OF BUSINESS RULE 50.1(d)(2) and CERTIFICATION OF ARBITRATION ELIGIBILITY *** section on the second page. This document can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
| Filing 1 COMPLAINT and Jury Demand against Glaxosmithkline, LLC filing fee $ 400, receipt number ANYEDC-11376916 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Leslie Cosolito. (Attachments: #1 Civil Cover Sheet) (DiJoseph, Arnold) Modified on 4/11/2019 (Bowens, Priscilla). |
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| Plaintiff: Leslie Cosolito | |
| Represented By: | Arnold E. DiJoseph, III |
| Represented By: | Arnold E DiJoseph, III |
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| Defendant: GlaxoSmithKline LLC | |
| Represented By: | Jennifer M. Stevenson |
| Represented By: | John Michael Lyons |
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