McColman, et al. v. GlaxoSmithKline, LLC
| Sherry S McColman, Patrick B McColman and Emily G McColman |
| GlaxoSmithKline LLC |
| 1:2019cv11675 |
| August 2, 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 |
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This docket was last retrieved on September 18, 2019. A more recent docket listing may be available from PACER.
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| Filing 11 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 10 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 9 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 8 WAIVER OF SERVICE Returned Executed by Sherry S McColman, Emily G McColman, Patrick B McColman. GlaxoSmithKline LLC waiver sent on 8/2/2019, answer due 10/1/2019. (Jaycox, Kate) |
| Filing 7 NOTICE of Appearance by Jennifer M. Stevenson on behalf of GlaxoSmithKline LLC (Stevenson, Jennifer) |
| Filing 6 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 5 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 4 Summons Issued as to All Defendants. Counsel receiving this notice electronically shall 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. (DeMaria, Timothy) |
| Filing 3 NOTICE OF MDL CASE OPENED, Direct file in the District of Massachusetts; McColman, 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 (Short Form Complaint) against GlaxoSmithKline LLC Filing fee: $ 400, receipt number 0101-7814217 (Fee Status: Filing Fee paid), filed by Emily G McColman, Patrick B McColman, Sherry S McColman. (Attachments: #1 Civil Cover Sheet, #2 Local Category Form)(Jaycox, Kate) |
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