HANKINSON v. GlaxoSmithKline, LLC
| HENRY HANKINSON, III and KERRY HANKINSON |
| GlaxoSmithKline, LLC |
| 1:2020cv11541 |
| August 17, 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. § 1332 |
| Plaintiff |
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| Filing 14 NOTICE re: Hearing on Motion 2000 Emergency MOTION to Compel Production of Dr. Sadler's File and Request for Teleconference : Motion Hearing set for 10/7/2020 at 2:30 PM in Remote Proceeding: Boston before Chief Judge F. Dennis Saylor IV. Counsel of record: To gain access to the hearing, please register at the following address: #https://https://forms.mad.uscourts.gov/courtlist.html. (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.)This hearing will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.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 13 NOTICE re: Status Conference set for 10/26/2020 at 10:00 AM, in Remote Proceeding: Boston before Chief Judge F. Dennis Saylor IV. Counsel of record: To gain access to the hearing, please register at the following address: #https://https://forms.mad.uscourts.gov/courtlist.html. (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.)This hearing will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. 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 12 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 10/5/2020.1) The Court heard updates on the current total of federal and state filings.2) The Court heard updates on discovery regarding supplemental disclosures from Novartis and GSK related to recent changes to Zofran's labeling. 3) The Court heard arguments on 1983 Plaintiffs' Motion to Compel. The Court took the motion under advisement.4) The Court heard updates on FDA's "goal date" for action on the Zofran labeling Prior Approval Supplement. GSK reported that the FDA provided Novartis with a "goal date" of December 4, 2020 to act on the Prior Approval Supplement.5) The Court heard updates on supplemental expert depositions. Dr. Sadler's deposition is scheduled for October 9, 2020; Dr. Louik's deposition is scheduled for October 14, 2020; and Dr. Abdulla's deposition is scheduled October 29, 2020. The depositions will be conducted remotely. A colloquy was held regarding whether plaintiffs counsel will attend Dr. Louiks deposition in-person and whether deponents reviewing documents will count towards deposition time limit.6) The Court set a preliminary trial date for the Rodriguez case. The trial will start on January 26, 2021. That date is tentative and depends on forthcoming decisions from the Court, counsels' availabilities, and the ongoing COVID-19 pandemic. A colloquy was held on trial procedures given the difficulties posed by the ongoing COVID-19 pandemic. 7) The Court set a status conference for October 26, 2020, at 10:00 am. The conference shall be conducted by video conference. The clerk shall post video conference information on the docket via a separate entry. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
| Filing 11 NOTICE re: Status Conference set for 10/5/2020 at 10:00 AM before Chief Judge F. Dennis Saylor IV.Counsel of record: To gain access to the hearing, please register at the following address: https://public.mad.uscourts.gov/seating-signup.html (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.)Access to the hearing will also be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscou rts.gov or contact media@mad.uscourts.gov.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 10 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 9/14/2020.1) The Court heard updates on the current total of federal and state filings.2) The Court heard updates on discovery regarding supplemental disclosures from Novartis and GSK related to recent changes to Zofran's labeling. GSK anticipates providing written objections to Plaintiffs interrogatories and Plaintiffs anticipate filing a motion to compel.3) The Court heard updates on supplemental expert depositions. The Court postponed the deadline for Dr. Abdulla's deposition to December 1, 2020 and directed that the deposition be done remotely.4) The Court heard arguments on extending Dr. Louik's deposition from two to three hours. The Court treated GSK's request as a motion to modify the previous order and denied it. The Court stated that for all depositions conducted remotely, time spent on technical or organizational issues should be disregarded for purposes of time restrictions.5) A colloquy was held on 1974 Plaintiff's Response to GSK's Supplemental Memorandum in Support of its Renewed Motion for Summary Judgment Based on Federal Preemption and 1977 GSK's Supplemental Reply in Support of its Renewed Motion for Summary Judgment Based on Federal Preemption. The Court stated that the preemption issue is ripe for determination and that it would rule on the issue.6) A colloquy was held on the 16 GSK's Motion for Order to Show Cause in Roland, 20-cv-10901, and 18 Plaintiff's Counsel Motion to Withdraw as Attorney. The Court took the matter under advisement.7) A colloquy was held on scheduling a new trial date in the Rodriguez case while taking into consideration the difficulties posed by the ongoing COVID-19 pandemic. The Court advised the parties that, pending developments in other trials scheduled to begin shortly, it will aim to set a trial date by early October, with a trial likely to begin in January or February of 2021.8) The Court set a status conference for October 5, 2020, at 10:00 am. This conference shall be conducted by video conference. The clerk shall post video conference information on the docket via a separate entry. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
| Filing 9 NOTICE re: Status Conference set for 9/14/2020 at 10:00 AM before Chief Judge F. Dennis Saylor IV.Counsel of record: To gain access to the hearing, please register at the following address: https://public.mad.uscourts.gov/seating-signup.html (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.)Access to the hearing will also be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscour ts.gov or contact media@mad.uscourts.gov.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 8 NOTICE of Appearance by Jennifer M. Stevenson on behalf of GlaxoSmithKline, LLC (Stevenson, Jennifer) |
| Filing 7 Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 8/18/2020 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 discovery regarding communications between GSK and Novartis and related to recent regulatory actions on Zofran's labeling.3) A colloquy was held on 1962 GSK's Proposed Letter to the FDA. The Court informed the parties that it would not send another letter to the FDA at this time.4) A colloquy was held on 1954 GSK's Motion for Leave to File Supplemental Memorandum in Support of its Renewed Motion for Summary Judgment Based on Federal Preemption. For the reasons stated on the record, the motion is GRANTED. Plaintiffs will have an opportunity to respond to the issues raised in GSK's supplemental memorandum, and GSK may reply to any such response.5) The Court heard argument on 72 GSK's Motion for Order to Show Cause in McDowell-Sutton, 18-cv-11082. The Court took the matter under advisement.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 status conference for September 14, 2020, at 10:00 a.m. This conference shall be conducted by video conference. The clerk shall post video conference information on the docket via a separate entry. (Court Reporter: Valerie OHara at vaohara@gmail.com.) (Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al. (Bono, Christine) |
| Filing 6 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. (Warnock, Douglas) |
| Filing 5 NOTICE OF MDL CASE OPENED, Direct file in the District of Massachusetts; Hankinson v. GlaxoSmithKline, LLC. In Re: Zofran (Ondansetron) Products Liability Litigation, MDL 2657. (Finn, Mary) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Chief Judge F. Dennis Saylor, IV assigned to case. (Finn, Mary) |
| Filing 3 NOTICE of Appearance by Gregory L Laker on behalf of HENRY HANKINSON, III, KERRY HANKINSON (Laker, Gregory) |
| Filing 2 NOTICE of Appearance by Edward B. Mulligan, V on behalf of HENRY HANKINSON, III, KERRY HANKINSON (Mulligan, Edward) |
| Filing 1 COMPLAINT against GlaxoSmithKline, LLC Filing fee: $ 400, receipt number 0101-8376512 (Fee Status: Filing Fee paid), filed by HENRY HANKINSON, III, KERRY HANKINSON. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Category Form)(Mulligan, Edward) |
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