Wallace v. GlaxoSmithKline LLC
| LaDonna Wallace |
| GlaxoSmithKline LLC |
| 1:2020cv10441 |
| March 4, 2020 |
| 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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| Filing 13 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Motion Hearing held on 4/23/2020 re (1882 in 1:15-md-02657-FDS) MOTION to Strike the Affidavit of Dr. Betensky filed by GlaxoSmithKline LLC. Hearing conducted by telephone. Case called. Court hears argument from parties and takes matter 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 12 NOTICE re 1895 Hearing on Motion 1882 MOTION to Strike the Affidavit of Dr. Betensky; Motion Hearing set for 4/23/2020 01:30 PM:Please use the following dial-in information: DIAL IN: 1-888-675-2535 ACCESS CODE: 7629998 REMINDER: Counsel and participants 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. Please do not put your telephone on hold. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
| Filing 11 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 4/15/2020 in case 1:15-md-02657-FDS.1) The Court heard updates on the current total of federal and state filings.2) The Court heard updates on GSK's citizen petition to the FDA.3) The Court heard argument on 1855 GSK's Motion for Leave to Re-Open Depositions of Plaintiffs Expert Witnesses. The motion was granted in part and denied in part for reasons stated on the record. a) The Court granted GSK leave to take supplemental depositions of Drs. Sadler and Abdulla for no more than 3 hours each and of Dr. Louik for no more than 2 hours. Any such depositions must be conducted remotely (that is, by video or phone) and shall be completed by July 1, 2020.b) Plaintiffs indicated that they will ask to take supplemental depositions of some of GSK's experts for similar reasons to those raised by GSK. The Court stated that plaintiffs could take any such depositions with the agreement of GSK without further court order, but if GSK did not agree, a motion seeking relief must be filed. 4) A colloquy was held about the briefing and argument schedule for 1850 GSK's Motion in Limine to Exclude the Zambelli-Weiner Study and 1882 GSK's Motion to Strike the Affidavit of Dr. Betensky. The Court scheduled a telephonic motion hearing on 1882 GSK's Motion to Strike the Affidavit of Dr. Betensky for April 23, 2020, at 1:30 p.m. The Court deferred taking action on GSK's request to extend the time in which to file a reply memorandum on the motion in limine.5) A colloquy was held about unsealing portions of the parties' Daubert briefing. The Court gave leave for the parties to do so without further court order provided that they agreed upon the materials to be unsealed and that a clear and accurate record of the unsealing be set forth on the docket. 6) A colloquy was held about scheduling a new trial date in the Rodriguez case. The Court advised the parties that due to scheduling difficulties and uncertainties arising out of the ongoing COVID-19 pandemic, it would not schedule a new trial date at this time.7) The Court set a telephonic status conference for May 12, 2020, at 1:30 p.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: (800) 347-7407 and Conference ID: ZOFRAN MDL, for the Status Conference set for 4/15/2020 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. Please do not put your call on hold. Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
| Filing 9 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 3/18/2020.1) The Court heard updates on the current total of federal and state filings.2) The Court heard updates on GSK's citizen petition to the FDA.3) A colloquy was held about those motions that currently remain pending.4) A colloquy was held about 1850 GSK's Motion in Limine to Exclude the Zambelli-Weiner Study. GSK informed the Court that it intends to file a motion to strike an affidavit attached to plaintiffs' opposition. Any such motion to strike is due by April 1, 2020, and GSK's reply is due by April 30, 2020 unless the Court orders otherwise.5) The Court heard argument on 1816 GSK's Motion to De-Designate Certain Documents as Confidential Under the Protective Order. The matter was taken under advisement.6) The Court informed the parties that due to ongoing public health concerns, they should not conduct any depositions without the express order of the Court and all proceedings should be conducted by telephone or video conference.7) The Court set a telephonic status conference for April 15, 2020, at 1:30 p.m. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
| Filing 7 NOTICE TO TELEPHONE PARTICIPANTS: Please use the following Participant line: (800) 459-5346 and Conference ID: ZOFRAN MDL, for the Status Conference set for 3/18/2020 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. Please do not put your call on hold. Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
| Filing 8 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 3/13/2020. Hearing conducted by telephone. Case called. Court discusses Rodriguez trial date and deadlines, and upcoming status conference. Court orders that trial date shall be continued, as well as trial deadlines. Court will reconvene at previously scheduled status conference set for 3/18/2020. (Court Reporter: Rachel Lopez at raeufp@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
| Filing 6 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Telephone Conference held on 3/6/2020. 1) The Court heard updates on 1816 GSK's Motion to De-Designate Certain Documents as Confidential Under the Protective Order. If the Court has not decided the motion on the papers by March 13, 2020, the motion will be argued at the next status conference on March 18, 2020.2) The Court heard updates on GSK's citizen petition to the FDA.3) The Court heard updates on supplemental expert reports produced in response to new scientific data that has become available. GSK informed the Court that it intends to file a motion seeking supplemental depositions in connection with those reports. 4) The Court informed the parties that, due to ongoing public health concerns they should feel free to appear by telephone at status conferences. 5) A colloquy was held about the pretrial schedule and jury selection procedure in Rodriguez, 15-cv-13762. The final pretrial conference in that matter was scheduled for April 30, 2020, at 2:00 p.m. All case-specific trial materials are to be filed in the docket for that case rather than in the master docket. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
| Filing 5 NOTICE of Appearance by Jennifer M. Stevenson on behalf of GlaxoSmithKline LLC (Stevenson, Jennifer) |
| 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. (McKillop, Matthew) |
| Filing 3 NOTICE OF MDL CASE OPENED, Direct file in the District of Massachusetts; Wallace v. GlaxoSmithKline LLC. In Re: Zofran (Ondansetron) Products Liability Litigation, MDL 2657. (Finn, Mary) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Chief Judge F. Dennis Saylor, IV assigned to case. (Finn, Mary) |
| Filing 1 COMPLAINT Master Short Form Complaint against GlaxoSmithKline LLC Filing fee: $ 400, receipt number 0101-8140422 (Fee Status: Filing Fee paid), filed by LaDonna Wallace. (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: LaDonna Wallace | |
| Represented By: | J. Scott Nabers |
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