Brooks et al v. Bristol-Myers Squibb Company et al
| Marissa Katz, APRIL RUIZ, Leander Raphael, James Brooks, Nathan Wielandt and David Brizzi |
| Otsuka America Pharmaceutical, Inc., Bristol-Myers Squibb Company, Cindy Pierce, Carrie Stiles and Otsuka Pharmaceutical Co, Ltd |
| 2:2018cv01937 |
| October 9, 2018 |
| US District Court for the District of Nevada |
| Richard F Boulware |
| Miranda M Du |
| George Foley |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 7, 2019. A more recent docket listing may be available from PACER.
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Filing 30
ORDER that Corporate Defendants' motion to stay (ECF No. #9 ) is granted. This case will be stayed pending the transfer to the MDL. Signed by Judge Miranda M. Du on 12/4/2018. (Copies have been distributed pursuant to the NEF - LH)
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| Filing 29 SUMMONS Returned Executed by Nathan Wielandt, Marissa Katz, APRIL RUIZ, James Brooks, Leander Raphael, David Brizzi. Otsuka Pharmaceutical Co, Ltd served on 9/19/2018, answer due 10/10/2018. (Trinh, Garry) |
| Filing 28 SUMMONS Returned Executed by Nathan Wielandt, Marissa Katz, APRIL RUIZ, James Brooks, Leander Raphael, David Brizzi. Otsuka America Pharmaceutical, Inc. served on 9/14/2018, answer due 10/5/2018. (Trinh, Garry) |
| Filing 27 SUMMONS Returned Executed by Nathan Wielandt, Marissa Katz, APRIL RUIZ, James Brooks, Leander Raphael, David Brizzi. Bristol-Myers Squibb Company served on 9/14/2018, answer due 10/5/2018. (Trinh, Garry) |
| Filing 26 REQUEST for Judicial Notice re #25 Reply by Defendant Bristol-Myers Squibb Company. (Attachments: #1 Exhibit) (Esposito, Michael) |
| Filing 25 REPLY to Response to #9 Motion to Stay Case by Defendant Bristol-Myers Squibb Company. (Attachments: #1 Exhibit, #2 Exhibit) (Esposito, Michael) |
| Filing 24 ANSWER re #1 Petition for Removal,, Complaint filed by Otsuka America Pharmaceutical, Inc..(Bult, Adam) |
| Filing 23 RESPONSE to #9 Motion to Stay Case by Plaintiffs David Brizzi, James Brooks, Marissa Katz, APRIL RUIZ, Leander Raphael, Nathan Wielandt. Replies due by 11/23/2018. (Attachments: #1 Index, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Certificate of Service) (Trinh, Garry) |
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Filing 22
ORDER granting ECF No. #19 Stipulation : OPC's response to Plaintiffs' Complaint will not be due until the earliest of the following occurs: (1) 21 days after the Court enters an order denying Defendants' Motion to Stay (ECF No. #9 ), (2) 21 days after the stay is lifted and the action has not been transferred to the MDL, or (3) at the time the Master Complaint is deemed adopted after the action has been transferred to the MDL. Signed by Magistrate Judge George Foley, Jr on 11/15/2018.(Copies have been distributed pursuant to the NEF - DRM)
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| Filing 21 REPLY to Response to #12 Motion to Remand to State Court, by Plaintiffs David Brizzi, James Brooks, Marissa Katz, APRIL RUIZ, Leander Raphael, Nathan Wielandt. (Attachments: #1 Index, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Trinh, Garry) |
| Filing 20 Joint STATUS REPORT by Defendant Otsuka America Pharmaceutical, Inc.. (Bult, Adam) |
| Filing 19 STIPULATION FOR EXTENSION OF TIME (Second Request) for Otsuka Pharmaceutical Co., Ltd. to File Response by Defendant Otsuka Pharmaceutical Co, Ltd. (Bult, Adam) |
| Filing 18 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 11/7/2018. Good cause appearing, the Court grants Plaintiffs' motion for leave to file a response (ECF No. #17 ) to Defendant Bristol-Myers Squibb Company's motion to stay (ECF No. #9 ). Plaintiffs will have until November 16, 2018 (fourteen days from the date they allegedly became aware of Defendant's motion to stay) to file a response. Defendant will have seven days from the date the response is served to file a reply. LR 7-2.(no image attached) (Copies have been distributed pursuant to the NEF - JC) |
| Filing 17 MOTION for Leave to File Opposition to re #9 Motion to Stay Case by Plaintiffs David Brizzi, James Brooks, Marissa Katz, APRIL RUIZ, Leander Raphael, Nathan Wielandt. (Attachments: #1 Exhibit) (Trinh, Garry) |
| Filing 16 RESPONSE to #12 Motion to Remand to State Court, by Defendant Bristol-Myers Squibb Company. Replies due by 11/9/2018. (Attachments: #1 Exhibit, #2 Exhibit) (Esposito, Michael) |
| Filing 15 REPLY to Response to #9 Motion to Stay Case by Defendant Bristol-Myers Squibb Company. (Attachments: #1 Exhibit) (Esposito, Michael) |
| Filing 14 STATEMENT REGARDING REMOVAL by Defendant Bristol-Myers Squibb Company. (Esposito, Michael) |
| Filing 13 NOTICE: Attorney Action Required to #12 Motion to Remand to State Court. Attorney Peter Wetherall advised to comply with LR IC 2-2(b) and file your opposition to Defendant's Notice of Statement of Removal as a separate document. Counsel may use the same PDF file as used in #12 . Counsel advised to review the LR for all future compliance. (no image attached) (WJ) Modified on 11/5/2018 NOTICE ISSUED IN ERROR. PLEASE DISREGARD. (WJ). |
| Filing 12 MOTION to Remand to State Court re #1 Petition for Removal,, by Plaintiffs David Brizzi, James Brooks, Marissa Katz, APRIL RUIZ, Leander Raphael, Nathan Wielandt. Responses due by 11/2/2018. (Attachments: #1 Index, #2 Exhibit Clark County Multi-Plaintiff Complaint, #3 Exhibit Carrie Stiles Declaration, #4 Exhibit Cindy Pierce Declaration, #5 Exhibit Carrie Stiles' Linkedin Profile, #6 Exhibit Cindy Pierces' Linkedin Profile) (Wetherall, Peter) |
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Filing 11
REASSIGNMENT ORDER. The presiding District Judges in 3:18-cv-00143 and 2:18-cv-01937 have determined that these actions are related and there is good cause to reassign these cases to one District Judge. Case No. 2:18-cv-01937-RFB-GWF is reassigned to District Judge Miranda M. Du. All further documents must bear the correct case number 2:18-cv-01937-MMD-GWF. Signed by Judge Richard F. Boulware, II on 10/16/2018. (Copies have been distributed pursuant to the NEF - KW)
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| Filing 10 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 10/15/2018. IT IS ORDERED that the parties' stipulation for extension of time #6 is GRANTED; Response to #1 Petition is due by 11/16/2018. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) Corected date on 10/15/2018 (BEL). |
| Filing 9 MOTION to Stay Case by Defendant Bristol-Myers Squibb Company. (Attachments: #1 Index, #2 Exhibit Redline Comparison of MDL Complaint and Brooks Complaint) (Esposito, Michael) |
| Filing 8 CERTIFICATE of Interested Parties by Otsuka America Pharmaceutical, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Otsuka America, Inc for Otsuka America Pharmaceutical, Inc. added. (Bult, Adam) |
| Filing 7 CERTIFICATE of Interested Parties by Otsuka Pharmaceutical Co, Ltd that identifies all parties that have an interest in the outcome of this case. Corporate Parent Otsuka Holdings, Co., Ltd. for Otsuka Pharmaceutical Co, Ltd added. (Bult, Adam) |
| Filing 6 STIPULATION FOR EXTENSION OF TIME (First Request) re #1 Petition for Removal,, by Defendants Otsuka America Pharmaceutical, Inc., Otsuka Pharmaceutical Co, Ltd. (Fetaz, Maximilien) |
| Filing 5 ANSWER with Jury Demand re #1 Petition for Removal,, 'Defendant Bristol-Myers Squibb Company's Answer to Plaintiffs' Complaint and Jury Demand' filed by Bristol-Myers Squibb Company. Discovery Plan/Scheduling Order due by 11/25/2018.(Esposito, Michael) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 10/9/2018. Statement regarding removed action is due by 10/24/2018. Joint Status Report regarding removed action is due by 11/8/2018. (Copies have been distributed pursuant to the NEF - JM) |
| Filing 3 NOTICE of Related Case by Bristol-Myers Squibb Company. (Esposito, Michael) |
| Filing 2 CERTIFICATE of Interested Parties by Bristol-Myers Squibb Company. There are no known interested parties other than those participating in the case (Esposito, Michael) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-18-779639-C, (Filing fee $ 400 receipt number 0978-5273453) by Bristol-Myers Squibb Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Esposito, Michael) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case assigned to Judge Richard F. Boulware, II and Magistrate Judge George Foley, Jr. (JM) |
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