Bartlett et al v. Mutual Pharmaceutical Company, Inc. et al
Plaintiff: Gregory S. Bartlett and Karen L. Bartlett
Defendant: Brooks Pharmacy, United Research Laboratories, Inc. and Mutual Pharmaceutical Company, Inc.
Case Number: 1:2008cv00358
Filed: August 28, 2008
Court: US District Court for the District of New Hampshire
Office: Concord Office
County: Rockingham
Presiding Judge: Joseph N Laplante
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
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This docket was last retrieved on August 28, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2015 File located at National Archives and Records Administration (NARA), Waltham, MA. ARCIS Transfer #PT-021-2015-0852, Box No. 1 (pleadings & Transcripts 99 - 451), Box 2 (transcripts 452 - 467).(lml)
December 2, 2013 Permanent WITHDRAWAL of File from National Archives and Record Administration (NARA).(lml)
November 4, 2013 Receipt of #483 and #486 CDs re Dr. Claes Dohlman from US Supreme Court (dae)
November 1, 2013 Filing 499 Receipt of the Exhibits listed on #382 Exhibit List filed by Karen L. Bartlett are hereby acknowledged by Christine Craig, Esq. (dae)
October 17, 2013 Filing 498 Receipt of the Exhibits listed on #383 Exhibit List filed by Mutual Pharmaceutical Company, Inc. are hereby acknowledged by Pierre Chabot. (dae)
October 8, 2013 Filing 497 Notice re: Return of Exhibits listed on #383 Defendant's Exhibit List. Counsel to arrange pick up of the exhibits within 30 days. Notice of Compliance Deadline set for 11/12/2013. (dae)
October 8, 2013 Filing 496 Notice re: Return of Exhibits listed on #382 Plaintiff's Exhibit List. Counsel to arrange pick up of the exhibits within 30 days. Notice of Compliance Deadline set for 11/12/2013. (dae)
August 21, 2013 Appeal Record Returned from US Supreme Court, Sealed transcripts 456 and 457. (dae)
August 9, 2013 Filing 495 JUDGMENT is hereby entered in accordance with #494 Mandate, #493 Judgment. Signed by Joseph N. Laplante, Chief Judge. (Case Closed) (ko)
August 9, 2013 Filing 494 MANDATE of USCA as to #402 Notice of Appeal, filed by Mutual Pharmaceutical Company, Inc. Remanded.( Appeal Record follow-up for return of record from USCA by 9/12/2013.)(ko)
July 25, 2013 Filing 493 USCA JUDGMENT as to #402 Notice of Appeal filed by Mutual Pharmaceutical Company, Inc. In light of the Supreme Court's decision in Mutual Pharmaceutical Company, Inc. v. Bartlett, ___ U.S. ___, 133 S. Ct. 2466 (2013) reversing this court's decision, we hereby vacate the judgment of the district court and remand for entry of judgment in favor of defendant-appellant Mutual Pharmaceutical Company, Inc.(dae)
February 1, 2013 Filing 492 Receipt for #491 Letter and Sealed Transcripts 456 and 457 by US Supreme Court, 1/28/13.(dae)
January 24, 2013 Filing 491 Letter to Supreme Court of the US from Deputy Clerk re: Transmitting sealed documents for appeal (dae)
January 24, 2013 Filing 490 Clerk's Certificate transmitting Record on Appeal to Supreme Court of the United States, sealed documents numbered 456 and 457. (dae)
June 16, 2012 File located at National Archives and Records Administration (NARA), Waltham, MA. ARCIS Transfer # PT-021-2012-0480, Box No. 6, Pleadings & Transcripts #99-#385 and Trial Transcripts #444-#451; Box 7, Trial Transcripts #452-#467.(jeb)
May 3, 2012 Filing 489 USCA JUDGMENT as to #402 Notice of Appeal filed by Mutual Pharmaceutical Company, Inc. Judgment of the district court is affirmed.(dae)
May 3, 2012 Opinion or Order Filing 488 ORDER/OPINION of USCA as to #402 Notice of Appeal filed by Mutual Pharmaceutical Company, Inc. Affirmed. (dae)
June 7, 2011 Filing 487 Clerk's Supplemental Certificate transmitted to US Court of Appeals re #463 Amended Notice of Appeal with documents numbered 482, 485, 486. (dae)
June 6, 2011 Filing 486 Addendum/CD containing transcript of Dohlman testimony re: #485 Response to Order by Karen L. Bartlett. CD maintained conventionally in Clerks Office. (dae)
June 3, 2011 Filing 485 RESPONSE re #480 Order,, Set Deadlines, filed by Karen L. Bartlett. Certain exhibit(s) maintained conventionally in Clerks Office. (Craig, Christine)
June 3, 2011 Filing 484 Clerk's Supplemental Certificate transmitted to US Court of Appeals re #463 Notice of Appeal Amended with document/CD numbered 483. (dae)
June 1, 2011 Filing 483 RESPONSE to #480 Order as to Dohlman testimony filed by Mutual Pharmaceutical Company, Inc. CD containing video file of Dr. Claes Dohlman maintained conventionally in Clerks Office. (dae)
May 31, 2011 Filing 482 NOTICE of Conventional Filing of CD containing a video file of testimony of Dr. Claes Dohlman as played at trial by Mutual by Mutual Pharmaceutical Company, Inc.. (Maichl, Linda)
May 24, 2011 Filing 481 Clerk's Supplemental Certificate transmitted to US Court of Appeals re #463 Notice of Appeal Amended with documents numbered 474, 476, 477, 478 and endorsed order thereon, 479, 480 and Non-Electronic Documents - Copies of CD's pursuant to Order #477 . (dae)
May 24, 2011 Opinion or Order Filing 480 ORDER. Audio recordings referenced in court's recent order #477 include full testimony of Kim and Dettery but only part of Dohlman. If either party has Dohlman's testimony as presented to the jury it shall provide copies by 5/31/11 or notify the court that it has no such files. (Notice of Compliance Deadline set for 5/31/2011.) So Ordered by Judge Joseph N. Laplante. (dae)
May 20, 2011 Filing 479 RESPONSE re #474 MOTION Completion of Trial Court Record with respect to certain witnesses as directed by the First Circuit filed by Karen L. Bartlett. (Attachments: #1 Exhibit A Email Correspondence, #2 Exhibit B Email Correspondence)(Craig, Christine)
May 20, 2011 Opinion or Order ENDORSED ORDER granting #478 Motion for Leave to File Response to Motion to Complete the Record. Text of Order: Granted, but it does not change the court's ruling. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Joseph N. Laplante. (dae)
May 19, 2011 Filing 478 MOTION for Leave to File Response to Motion to Complete Record filed by Karen L. Bartlett. Follow up on Objection on 6/6/2011. (Attachments: #1 Memorandum of Law Ex 1 Response to Motion, #2 Exhibit Ex 2 Attachment to Response, #3 Exhibit Ex 3 Attachment to Response)(Craig, Christine)
May 19, 2011 Opinion or Order Filing 477 ORDER granting #474 Motion for Completion of Trial Court Record with respect to certain witnesses as directed by the First Circuit. So Ordered by Judge Joseph N. Laplante. (jb)
May 13, 2011 Filing 476 Addendum/ to #474 MOTION Completion of Trial Court Record with respect to certain witnesses as directed by the First Circuit L.R. 7.1 Statement of Concurrence by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
May 6, 2011 Filing 475 MANDATE of USCA as to #468 Notice of Cross Appeal, #473 Judgment, filed by Karen L. Bartlett. (dae)
May 2, 2011 ACTION REQUIRED - NOTICE Nonconforming Document re #474 MOTION Completion of Trial Court Record with respect to certain witnesses as directed by the First Circuit filed by Mutual Pharmaceutical Company, Inc. The document fails to comply with LR 7.1-No statement of concurrence was included. File statement as addendum using the Other Documents/Addendum event and link filing to document no. 474. The document will remain on file. Please note that unless a document curing the defect is filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. Notice of Compliance Deadline set for 5/16/2011. (dae)
April 28, 2011 Filing 474 MOTION Completion of Trial Court Record with respect to certain witnesses as directed by the First Circuit filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 5/16/2011. (Cosgrove, Paul)
April 13, 2011 Filing 473 USCA JUDGMENT as to #468 Notice of Cross Appeal, filed by Karen L. Bartlett. Case dismissed. (ko)
April 13, 2011 Opinion or Order Filing 472 ORDER of USCA as to #468 Notice of Cross Appeal, filed by Karen L. Bartlett. Motion to dismiss is granted, and the cross-appeal, No. 11-1178, is dismissed. (ko)
March 15, 2011 Filing 471 Clerk's Supplemental Certificate transmitted to US Court of Appeals re #468 Notice of Cross Appeal with document: Notice - No Exhibit Designation Filed. (dae)
March 15, 2011 Notice - No Exhibit Designation Filed. Pursuant to LR 83.13(d), the parties are required to file a designation of exhibits necessary for the determination of the appeal. This notice is to advise the court of appeals that as of this date no exhibit designations have been filed in this case. A copy of this entry sent to the Court of Appeals. (dae)
February 18, 2011 Appellate Case Number: 1st Circuit 11-1178 re #468 Notice of Cross Appeal, filed by Karen L. Bartlett. (dae)
February 17, 2011 Filing 470 Clerk's Certificate transmitting Record on Appeal to US Court of Appeals, documents numbered 243, 329, Endorsed Order 9/2/10, 387, 469, re #468 Notice of Cross Appeal. A copy of the Notice of Appeal mailed to all parties this date. (dae)
February 17, 2011 Filing 469 Appeal Cover Sheet as to #468 Notice of Cross Appeal, filed by Karen L. Bartlett (dae)
February 9, 2011 Filing 468 NOTICE OF CROSS APPEAL by Karen L. Bartlett. (Filing fee $ 455, receipt number 0102-709996.) [NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the Forms & Notices section of the First Circuit website at www.ca1.uscourts.gov, MUST be completed and submitted to the U.S. Court of Appeals for the First Circuit.] Designation of Exhibits Deadline set for 3/14/2011. (Roberson, Eric)
February 3, 2011 Filing 467 REDACTED copy of #457 Transcript Proceedings for Jury Selection Afternoon Session - Day 1 held on August 16, 2010. This redacted transcript is available at the clerk's office for viewing but may not be copied for 90 days from the date the original transcript was filed. CCA Notification: #402 Notice of Appeal. (ko)
February 3, 2011 Filing 466 REDACTED copy of #456 Transcript Proceedings for Jury Selection Morning Session, Day 1 held on August 16, 2010. This redacted transcript is available at the clerk's office for viewing but may not be copied for 90 days from the date the original transcript was filed. CCA Notification: Notice of Appeal #402 (ko)
January 27, 2011 Opinion or Order Filing 465 ORDER re: Jury Selection Transcripts #457 and #456 . Transcripts to be redacted as outlined. Originals to be sealed Level I. Court reporter to prepare redacted transcript. So Ordered by Judge Joseph N. Laplante. (dae)
January 27, 2011 Filing 464 Clerk's Supplemental Certificate transmitted to US Court of Appeals re #402 Notice of Appeal, #463 Amended Notice of Appeal with documents numbered 463, 4664. (dae)
January 26, 2011 Filing 463 Amended NOTICE OF APPEAL, as to #272 Order, Order, #320 Order on Motion to Bifurcate, Order on Motion for Miscellaneous Relief, #284 Order on Motion for Reconsideration, #290 Order on Motion in Limine, #321 Order, #442 Order on Motion for New Trial, Order on Motion for Judgment as a Matter of Law, Order on Motion for Mistrial, Order on Motion to Exclude, #336 Order on Motion for Reconsideration, #354 Order, #275 Order on Motion for Miscellaneous Relief, Order on Motion to Clarify,,, Order on Motion for Miscellaneous Relief, #271 Order on Motion to Exclude, #352 Order, #389 Judgment,,, #366 Order, #278 Order,,, Order on Motion for Miscellaneous Relief, #125 Order, Order,, Order on Motion for Miscellaneous Relief, #335 Order on Motion in Limine, #329 Order, Order on Motion in Limine, #281 Order, #269 Order on Motion to Exclude, #340 Order, #85 Order on Motion to Dismiss, #251 Order on Motion to Strike, #243 Order on Motion for Summary Judgment,,,,,,,,,,,,,, Order on Motion for Miscellaneous Relief by Mutual Pharmaceutical Company, Inc., amended adding Doc. 442 to the Notice of Appeal. Designation of Exhibits Deadline set for 2/28/2011. (Maichl, Linda)
January 14, 2011 Filing 462 TRANSCRIPT of Proceedings for Jury Trial, Day 16 held on September 7, 2010. Court Reporter: Diane Churas, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (ko)
January 14, 2011 Filing 461 TRANSCRIPT of Proceedings for Jury Trial, Day 15 held on September 3, 2010. Court Reporter: Diane Churas, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (ko)
January 14, 2011 Filing 460 TRANSCRIPT of Proceedings for Jury Trial Afternoon Session, Day 14 held on September 2, 2010. Court Reporter: Diane Churas, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (ko)
January 14, 2011 Filing 459 TRANSCRIPT of Proceedings for Jury Trial Morning Session - Day 13 held on September 1, 2010. Court Reporter: Diane Churas, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (ko)
January 14, 2011 Filing 458 TRANSCRIPT of Proceedings for Jury Trial Afternoon Session, Day 12 held on August 31, 2010. Court Reporter: Diane Churas, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (ko)
January 14, 2011 Filing 457 TRANSCRIPT of Proceedings for Jury Selection Afternoon Session - Day 1 held on August 16, 2010. Court Reporter: Diane Churas, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (ko)
January 14, 2011 Filing 456 TRANSCRIPT of Proceedings for Jury Selection Morning Session, Day 1 held on August 16, 2010. Court Reporter: Sandra L. Bailey, Telephone # 603 225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (ko)
January 14, 2011 Filing 455 TRANSCRIPT of Proceedings for Jury Trial, Day 10, Afternoon Session held on August 27, 2010. Court Reporter: Diane Churas, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
January 14, 2011 Filing 454 TRANSCRIPT of Proceedings for Jury Trial, Day 9, Morning Session held on August 26, 2010. Court Reporter: Diane Churas, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
January 14, 2011 Filing 453 TRANSCRIPT of Proceedings for Jury Trial, Day 7, Afternoon Session held on August 24, 2010. Court Reporter: Diane Churas, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
January 14, 2011 Filing 452 TRANSCRIPT of Proceedings for Jury Trial, Day 6, Morning Session held on August 23, 2010. Court Reporter: Diane Churas, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
January 14, 2011 Filing 451 TRANSCRIPT of Proceedings for Jury Trial, Day 4, Afternoon Session held on August 19, 2010. Court Reporter: Diane Churas, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
January 14, 2011 Filing 450 TRANSCRIPT of Proceedings for Jury Trial, Day 3, Morning Session held on August 18, 2010. Court Reporter: Diane Churas, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
January 14, 2011 Filing 449 TRANSCRIPT of Proceedings for Jury Trial, Day 10, Morning Session held on August 27, 2010. Court Reporter: Sandra Bailey, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
January 14, 2011 Filing 448 TRANSCRIPT of Proceedings for Jury trial, Day 8, Afternoon Session held on August 25, 2010. Court Reporter: Sandra Bailey, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
January 14, 2011 Filing 447 TRANSCRIPT of Proceedings for Jury Trial, Day 7, Morning Session held on August 24, 2010. Court Reporter: Sandra Bailey, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
January 14, 2011 Filing 446 TRANSCRIPT of Proceedings for Jury Trial, Day 5, Afternoon Session held on August 20, 2010. Court Reporter: Sandra Bailey, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
January 14, 2011 Filing 445 TRANSCRIPT of Proceedings for Jury Trial, Day 4, Morning Session held on August 19, 2010. Court Reporter: Sandra Bailey, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
January 14, 2011 Filing 444 TRANSCRIPT of Proceedings for Jury Trial, Day 2, Afternoon Session held on August 17, 2010. Court Reporter: Sandra Bailey, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
January 13, 2011 Filing 443 Clerk's Supplemental Certificate transmitted to US Court of Appeals re #402 Notice of Appeal with document numbered 442. (dae)
January 5, 2011 Opinion or Order Filing 442 ORDER denying #394 Motion for New Trial; denying #395 Motion for Judgment as a Matter of Law. So Ordered by Judge Joseph N. Laplante. (jb)
December 21, 2010 Filing 429 SURREPLY to Reply to #394 MOTION for New Trial (per leave of Court) filed by Karen L. Bartlett. (Attachments: #1 Exhibit A - Roberson Declaration, #2 Exhibit B - Gonzalez Declaration with attached Ex. B-1)(Roberson, Eric) (Additional attachment(s) added on 12/23/2010: #3 /s/ Roberson version, #4 /s/ Gonzalez version) (dae).
December 20, 2010 Filing 441 TRANSCRIPT of Proceedings for Jury Trial, Court Questions jurors on the record held on September 8, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
December 20, 2010 Filing 440 TRANSCRIPT of Proceedings for Jury Trial, Juror matter held on September 7, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
December 20, 2010 Filing 439 TRANSCRIPT of Proceedings for Jury Trial, Morning Session held on September 2, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
December 20, 2010 Filing 438 TRANSCRIPT of Proceedings for Jury Trial, Afternoon Session held on September 1, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
December 20, 2010 Filing 437 TRANSCRIPT of Proceedings for Jury Trial, Morning Session held on August 31, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
December 20, 2010 Filing 436 TRANSCRIPT of Proceedings for Jury Trial, Afternoon Session, No Jury Present held on August 30, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
December 20, 2010 Filing 435 TRANSCRIPT of Proceedings for Jury Trial, Afternoon Session held on August 26, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
December 20, 2010 Filing 434 TRANSCRIPT of Proceedings for Jury Trial, Morning Session held on August 25, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
December 20, 2010 Filing 433 TRANSCRIPT of Proceedings for Jury Trial, Afternoon Session held on August 23, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
December 20, 2010 Filing 432 TRANSCRIPT of Proceedings for Jury Trial, Morning Session held on August 20, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
December 20, 2010 Filing 431 TRANSCRIPT of Proceedings for Jury Trial, Afternoon Session held on August 18, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
December 20, 2010 Filing 430 TRANSCRIPT of Proceedings for Jury Trial, Morning Session held on August 17, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
December 20, 2010 Opinion or Order ENDORSED ORDER granting #425 Motion for Leave to File Surreply to Motion for New Trial. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Joseph N. Laplante. (dae)
December 17, 2010 Filing 428 NOTICE of U.S. Supreme Court's grant of writs of certiorari in Mensing and Demahy by Mutual Pharmaceutical Company, Inc.. (Attachments: #1 Exhibit -Supreme Court Order List)(Maichl, Linda)
December 16, 2010 Filing 427 SURREPLY to Reply to #395 MOTION for Judgment as a Matter of Law filed by Karen L. Bartlett. (Roberson, Eric)
December 15, 2010 Opinion or Order ENDORSED ORDER granting #423 Motion for Leave to File Surreply Brief on Defendant's Motion for Judgment as a Matter of Law. Text of Order: Granted pursuant to Local Rule 7.1(b), as there is no objection. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Joseph N. Laplante. (jb)
December 2, 2010 Opinion or Order Filing 426 ORDER of USCA as to #402 Notice of Appeal filed by Mutual Pharmaceutical Company, Inc. Appeal does not become effective until district court disposes of the post-judgment motions. Appellant to file status reports as outlined. Once district court rules on motions it is directed to forward its decision(s) to this court forthwith. (dae)
November 29, 2010 Filing 425 MOTION for Leave to File Surreply to Motion for New Trial filed by Karen L. Bartlett. Follow up on Objection on 12/16/2010. (Attachments: #1 Surreply Brief, #2 Exhibit (Affidavit) Declaration of Attorney Roberson, #3 Exhibit (Affidavit) Declaration of Xavier Gonzalez, #4 Exhibit Declaration Exhibit e-Mail of Beau Simpson)(Roberson, Eric)
November 29, 2010 Filing 424 Clerk's Supplemental Certificate transmitted to US Court of Appeals re #402 Notice of Appeal with documents numbered 422. (dae)
November 26, 2010 Filing 423 MOTION for Leave to File Surreply Brief on Defendant's Motion for Judgment as a Matter of Law filed by Karen L. Bartlett. Follow up on Objection on 12/13/2010. (Attachments: #1 Surreply Brief)(Roberson, Eric)
November 23, 2010 Filing 422 DESIGNATION of Exhibits by Karen L. Bartlett re #402 Notice of Appeal,,, (Attachments: #1 Appendix List of Designated Exhibits)(Roberson, Eric)
November 23, 2010 Filing 421 AMENDED DOCUMENT by Mutual Pharmaceutical Company, Inc.. Amendment to #414 Reply to Objection to Motion, Exhibit B Postmarketing Drug Safety Evaluations (Cosgrove, Paul)
November 19, 2010 Opinion or Order ENDORSED ORDER granting #417 Motion to Exceed Page Limit of Reply Memorandum in Further Support of Motion for a New Trial. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb)
November 18, 2010 Filing 420 Notice of Intent to Surreply to Reply to #394 MOTION for New Trial. Surreply Follow Up on 12/6/2010. (Roberson, Eric)
November 18, 2010 Filing 419 Clerk's Supplemental Certificate transmitted to US Court of Appeals re #402 Notice of Appeal with document numbered 415. (dae)
November 15, 2010 Opinion or Order ENDORSED ORDER granting #413 Motion to Exceed Page Limit of reply memorandum in further support of motion for judgment as a matter of law. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb)
November 12, 2010 Filing 418 REPLY to Objection to Motion re #394 MOTION for New Trial filed by Mutual Pharmaceutical Company, Inc.. (Attachments: #1 Exhibit (Affidavit) Ex. A: Affidavit of Hahn)(Cosgrove, Paul)
November 12, 2010 Filing 417 MOTION to Exceed Page Limit of Reply Memorandum In Further Support of Motion for a New Trial filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 11/29/2010. (Cosgrove, Paul)
November 11, 2010 Filing 416 Notice of Intent to Surreply to Reply to #395 MOTION for Judgment as a Matter of Law (Intent to File Motion for Leave). Surreply Follow Up on 11/29/2010. (Roberson, Eric)
November 9, 2010 Filing 415 Exhibit Designation Pursuant to Local Rule 83.13(d) by Mutual Pharmaceutical Company, Inc. (Judge, Stephen)
November 8, 2010 Filing 414 REPLY to Objection to Motion re #395 MOTION for Judgment as a Matter of Law filed by Mutual Pharmaceutical Company, Inc.. (Attachments: #1 Exhibit Ex. A: FDA AERs Caveats, #2 Exhibit Ex. B: FDA Postmarketing Drug Safety Evaluations, #3 Exhibit Ex. C: US Mensing Brief)(Cosgrove, Paul) Modified on 11/23/2010 to add: See Amended Exhibit B at Doc. #421 . (dae).
November 8, 2010 Filing 413 MOTION to Exceed Page Limit of reply memorandum in further support of motion for judgment as a matter of law filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 11/26/2010. (Cosgrove, Paul)
October 29, 2010 Appellate Case Number: 1st Circuit 10-2277 re #402 Notice of Appeal filed by Mutual Pharmaceutical Company, Inc. (dae)
October 28, 2010 Filing 412 Clerk's Certificate transmitting abbreviated Record on Appeal to US Court of Appeals, documents: 85, 125, Orders of 3/5/10, 243, 251, 269, 271, 272, 275, 278, 281, 284, 290, 320, 321, 329, 335, 336, 340, Orders of 8/16/10, 352, Orders of 8/17/10, 354, Order of 8/23/10, Order of 8/24/10, 366, Orders of 8/26/10, Orders of 8/31/10, Order of 9/2/10, 381, 389, 402, 410, 412, re #402 Notice of Appeal. (dae)
October 28, 2010 Opinion or Order ENDORSED ORDER granting #408 Motion to Exceed Page Limits in Response Brief. Text of Order: Granted pursuant to Local Rule 7.1(b), as there is no objection. So Ordered by Judge Joseph N. Laplante. (jb)
October 27, 2010 Filing 411 FILED IN ERROR, to be Redocketed. Clerk's Certificate transmitting Record on Appeal to US Court of Appeals, documents numbered 1 - 410, re #402 Notice of Appeal. A copy of the Notice of Appeal mailed to all parties this date. (dae) Modified on 10/27/2010 to add: FILED IN ERROR, to be Redocketed.(dae).
October 27, 2010 Filing 410 Appeal Cover Sheet as to #402 Notice of Appeal filed by Mutual Pharmaceutical Company, Inc. (dae)
October 27, 2010 Oral Notice of Intent to Reply to Objection to #394 MOTION for New Trial. Follow up on Reply on 11/12/2010. (dae)
October 27, 2010 Corrective Entry to #411 Clerk's Certificate. Entry corrected to add: FILED IN ERROR, to be Redocketed. (dae)
October 26, 2010 Opinion or Order ENDORSED ORDER granting #403 Motion to Exceed Page Limit on Objection to Defendant's Motion For Judgment As A Matter of Law. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb)
October 26, 2010 Opinion or Order ENDORSED ORDER re #408 Motion to Exceed Page Limits in Response Brief. Text of Order: Mutual shall file its objection, if any, by October 27th. So Ordered by Judge Joseph N. Laplante. (jb)
October 25, 2010 Filing 409 OBJECTION to #394 MOTION for New Trial filed by Karen L. Bartlett. (Attachments: #1 Exhibit (Affidavit) Declaration of Eric Roberson)(Roberson, Eric) (Additional attachment(s) added on 10/26/2010: #2 /s/ signed affidavit) (dae).
October 25, 2010 Filing 408 MOTION to Exceed Page Limits in Response Brief filed by Karen L. Bartlett. Follow up on Objection on 11/12/2010. (Roberson, Eric)
October 25, 2010 Filing 407 Notice of Intent to Reply to Objection to #395 MOTION for Judgment as a Matter of Law. Follow up on Reply on 11/12/2010. (Cosgrove, Paul)
October 22, 2010 Opinion or Order ENDORSED ORDER granting in part and denying in part #386 Motion for Judgment on the Verdict. Text of Order: Granted in part and denied in part as reflected in documents no. 389, 393, and 406. So Ordered by Judge Joseph N. Laplante. (jb)
October 22, 2010 Opinion or Order Filing 406 ORDER granting #391 Motion to Stay; granting #399 Motion to Stay Any Proceedings to Enforce Judgment Pending Post-Trial Motions and Appeal. The execution of this court's judgment and any proceedings to enforce it are STAYED pending the disposition of Mutual's post-trial motions and any subsequent appeal. Mutual shall notify this court and Bartlett immediately if any representations upon which the stay is based (including but not limited to any representations about the financial strength of Mutual's insurers) becomes incorrect or incomplete. So Ordered by Judge Joseph N. Laplante. (jb)
October 21, 2010 Filing 405 OBJECTION to #395 MOTION for Judgment as a Matter of Law filed by Karen L. Bartlett. (Attachments: #1 Appendix A - Limited List of Reliance Documents)(Roberson, Eric)
October 21, 2010 Filing 404 REPLY to Objection to Motion re #399 MOTION Emergency Motion and Notice of Evidentiary Submission Pursuant to Court's October 1, 2010 Summary Order [Doc. 393] for Approval of Alternative Security in Lieu of Supersedeas Bond MOTION Emergency Motion and Notice of Evidentiary Submission Pursuant to Court's October 1, 2010 Summary Order [Doc. 393] for Approval of Alternative Security in Lieu of Supersedeas Bond MOTION Emergency Motion and Notice of Evidentiary Submission Pursuant to Court's October 1, 2010 Summary Order [Doc. 393] for Approval of Alternative Security in Lieu of Supersedeas Bond filed by Mutual Pharmaceutical Company, Inc.. (Attachments: #1 Exhibit (Affidavit) Ex. A (1) Medmarc/Noetic Declaration Confirming Availability of Insurance Proceeds, #2 Exhibit (Affidavit) Ex. A (2) Medmarc/Noetic Declaration Confirming Availability of Insurance Proceeds, #3 Exhibit (Affidavit) Ex. B Lexington Insurance Declaration Confirming Availability of Insurance Proceeds, #4 Exhibit (Affidavit) Ex. C Chubb Declaration Confirming Availability of Insurance Proceeds)(Cosgrove, Paul)
October 21, 2010 Filing 403 MOTION to Exceed Page Limit On Objection to Defendant's Motion For Judgment As A Matter Of Law filed by Karen L. Bartlett. Follow up on Objection on 11/8/2010. (Craig, Christine)
October 21, 2010 Opinion or Order ENDORSED ORDER taking under advisement #403 Motion to Exceed Page Limit On Objection to Defendant's Motion For Judgment As A Matter Of Law. Text of Order: The court takes the motion under advisement and will rule on it after the objection to the motion for judgment as a matter of law has been filed. Should Mutual object to the request to exceed, it should file its motion by Friday, October 22nd. So Ordered by Judge Joseph N. Laplante. (jb)
October 20, 2010 Filing 402 NOTICE OF APPEAL by Mutual Pharmaceutical Company, Inc..( Filing fee $ 455, receipt number 0102-673976.) [NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the Forms & Notices section of the First Circuit website at www.ca1.uscourts.gov, MUST be completed and submitted to the U.S. Court of Appeals for the First Circuit.]NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/efiling.htm Designation of Exhibits Deadline set for 11/22/2010. (Cosgrove, Paul)
October 20, 2010 Opinion or Order ENDORSED ORDER re: #401 MOTION to Extend Time to Respond to Defendant's Motion for New Trial (Doc 394). Text of Order: If the defendant objects to the plaintiff's motion to extend time (document no. 401), the objection shall be filed by 3 PM today. So Ordered by Judge Joseph N. Laplante. (dae)
October 20, 2010 Opinion or Order ENDORSED ORDER granting #401 Motion to Extend Time to Respond to Defendant's Motion for New Trial to 10/25/10. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 10/25/2010. (dae)
October 19, 2010 Filing 401 MOTION to Extend Time to Respond to Defendant's Motion for New Trial (Doc 394) filed by Karen L. Bartlett. Follow up on Objection on 11/5/2010. (Roberson, Eric)
October 15, 2010 Filing 400 OBJECTION to #399 MOTION Emergency Motion and Notice of Evidentiary Submission Pursuant to Court's October 1, 2010 Summary Order [Doc. 393] for Approval of Alternative Security in Lieu of Supersedeas Bond MOTION Emergency Motion and Notice of Evidentiary Submission Pursuant to Court's October 1, 2010 Summary Order [Doc. 393] for Approval of Alternative Security in Lieu of Supersedeas Bond MOTION Emergency Motion and Notice of Evidentiary Submission Pursuant to Court's October 1, 2010 Summary Order [Doc. 393] for Approval of Alternative Security in Lieu of Supersedeas Bond filed by Karen L. Bartlett. (Roberson, Eric)
October 8, 2010 Opinion or Order ENDORSED ORDER re #399 Emergency Motion and Notice of Evidentiary Submission. Text of Order: Objection to document #399 due October 15; response (if any) due Oct. 21. Counsel shall attempt in good faith to resolve the issue of adequate security for the judgment. Further conference may or may not be held before ruling. Stay remains in effect until further order to the contrary. So Ordered by Judge Joseph N. Laplante. (dae)
October 8, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE re Emergency Motion and Notice of Evidentiary Submission #399 held on 10/8/2010. (Court Reporter: Sandra Bailey) (Pltfs Atty: Keith Jensen, Eric Roberson) (Defts Atty: Stephen Judge, Joseph Thomas)(Total Hearing Time: 15 minutes) (dae)
October 7, 2010 Filing 399 MOTION Emergency Motion and Notice of Evidentiary Submission Pursuant to Court's October 1, 2010 Summary Order [Doc. 393] for Approval of Alternative Security in Lieu of Supersedeas Bond filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 10/25/2010. (Attachments: #1 Exhibit (Affidavit) Ex. A (1) Medmarc/Noetic Declaration Confirming Availability of Insurance Proceeds, #2 Exhibit (Affidavit) Ex. A (2) Medmarc/Noetic Declaration Confirming Availability of Insurance Proceeds, #3 Exhibit (Affidavit) Ex. B Lexington Insurance Declaration Confirming Availability of Insurance Proceeds, #4 Exhibit (Affidavit) Ex. C Chubb Declaration Confirming Availability of Insurance Proceeds)(Cosgrove, Paul)
October 5, 2010 Filing 398 AMENDED DOCUMENT by Mutual Pharmaceutical Company, Inc.. Amendment to #396 Affidavit /Declaration of Joseph P. Thomas for Post-Trial Motions (Docs. 394, 395) (Cosgrove, Paul) Modified on 10/5/2010 to add relationship to Docs. #394 and #395 . (dae).
October 5, 2010 Filing 397 Exhibit A : Vautour Order to #395 MOTION for Judgment as a Matter of Law by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
October 4, 2010 Filing 396 REPLACED by #398 . AFFIDAVIT re #394 MOTION for New Trial, #395 MOTION for Judgment as a Matter of Law of Joseph P. Thomas filed by Mutual Pharmaceutical Company, Inc. (Cosgrove, Paul) Modified on 10/5/2010 to add: REPLACED by #398 . (dae).
October 4, 2010 Filing 395 MOTION for Judgment as a Matter of Law filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 10/21/2010. (Attachments: #1 Exhibit Ex. A Vautour Order, #2 Exhibit Ex. B FDA Clinical Impact Doc., #3 Exhibit Ex. C Mutual's Proposed Jury Instructions)(Cosgrove, Paul)
October 4, 2010 Filing 394 MOTION for New Trial filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 10/21/2010. (Attachments: #1 Exhibit Ex. A)(Cosgrove, Paul)
October 1, 2010 Opinion or Order Filing 393 ORDER temporarily granting on an interim basis #391 Motion to Stay Execution of this Court's Judgment. On or before 10/8/10 Mutual to show cause in writing for a further extension of the stay. So Ordered by Judge Joseph N. Laplante. (dae)
October 1, 2010 Filing 392 OBJECTION to #391 Emergency MOTION to Stay Any Proceedings to Enforce Judgment Pending Post-Trial Motions and Appeal and Brief filed by Karen L. Bartlett. (Roberson, Eric)
September 24, 2010 Filing 391 Emergency MOTION to Stay Any Proceedings to Enforce Judgment Pending Post-Trial Motions and Appeal filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 10/12/2010. (Cosgrove, Paul)
September 20, 2010 Filing 390 REPLY to Objection to Motion re #386 MOTION for Judgment on the Verdict as to Remaining Items Related to the Application for Writ of Execution filed by Karen L. Bartlett. (Roberson, Eric)
September 20, 2010 Filing 389 JUDGMENT is hereby entered in accordance with the following: #24 Pretrial Order dismissing claims, Endorsed Order on Motion to Dismiss Gregory Bartlett, Endorsed Order on Motion to Dismiss claims against United Research Laboratories and Claims for Breach of Express and Implied Warrant Against Mutual Pharmaceutical Company, Inc., #243 Order on Motion for Summary Judgment, #284 Order on Motion for Reconsideration, #329 Order, #336 Order on Motion for Reconsideration, #340 Order, #381 Jury Verdict, #387 Order, plus pre-judgment interest pursuant to NH Rev Stat as outlined and post-judgment interest thereon pursuant to 28 USC 1961. Signed by Chief Deputy Clerk Daniel J. Lynch, Approved by US District Judge Joseph N. Laplante. (Case Closed) (dae)
September 17, 2010 Filing 388 OBJECTION to #386 MOTION for Judgment on the Verdict filed by Mutual Pharmaceutical Company, Inc.. (Judge, Stephen)
September 16, 2010 Opinion or Order ENDORSED ORDER denying #189 Motion in Limine to Certain Jury Instructions MIL 4. Text of Order: Denied. The parties agreed, during an in-chambers conference, not to include any "industry standard" instruction in the final jury charge. Bartlett's other requested instruction, regarding Mutual's ability to unilaterally strengthen sulindac's safety warning, implicated Mutual's conduct and therefore was not relevant, for reasons explained in the final jury charge (see document no. 378, at 22). So Ordered by Judge Joseph N. Laplante. (jb)
September 14, 2010 Opinion or Order Filing 387 ///ORDER: Mutual is granted judgment as a matter of law on Bartlett's claims for negligence and enhanced compensatory damages. So Ordered by Judge Joseph N. Laplante. (jb)
September 10, 2010 Filing 386 MOTION for Judgment on the Verdict filed by Karen L. Bartlett. Follow up on Objection on 9/27/2010. (Attachments: #1 Memorandum of Law, #2 Proposed Order Exhibit "A" to Memorandum)(Roberson, Eric)
September 9, 2010 Filing 385 TRANSCRIPT of Proceedings for Jury Verdict held on September 8, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 10/4/2010. Redacted Transcript Follow Up 10/15/2010. Release of Transcript Restriction set for 12/9/2010. (dae)
September 8, 2010 Filing 384 Court Exhibit List. (dae)
September 8, 2010 Filing 383 Exhibit List by Mutual Pharmaceutical Company, Inc. (dae)
September 8, 2010 Filing 382 Exhibit List by Karen L. Bartlett. (dae)
September 8, 2010 Filing 381 JURY VERDICT. (cmp)
September 8, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. JURY TRIAL - Day 17 concluded on 9/8/2010. Jury deliberations continue. Jury returns with verdict. (Court Reporter: Susan Bateman) (Pltfs Atty: Keith Jensen, Christine Craig) (Defts Atty: Stephen Judge Joseph Thomas P J Cosgrove Pierre Chabot)(Total Hearing Time: 18 mins) (cmp)
September 7, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. JURY TRIAL - Deliberations - Day 16 held on 9/7/2010. (Court Reporter: Diane Churas/AM; Susan Bateman/PM) (Pltfs Atty: Keith Jensen, Christine Craig) (Defts Atty: Joseph Thomas, Stephen Judge)(Total Hearing Time: 13 minutes) (dae)
September 3, 2010 Filing 380 Jury Question No. 2 with Court's responses. (dae)
September 3, 2010 Filing 379 Jury Question No. 1 with court's responses. (dae)
September 3, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. JURY TRIAL - Day 15 held on 9/3/2010. Jury deliberations resumed.Jury Question #1. Defendant's Oral Motion to Strike Testimony of Plaintiff's Experts - argued and denied. Defendant's Oral Rule 50b Motion argued and denied. Jury Question #2. (Court Reporter: Diane Churas) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Bryan Ballew) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 2 hours 38 minutes) (dae)
September 3, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS CONFERENCE re Jury Question #1 held on 9/3/2010; court answered questions with counsel for both sides present. (Total Hearing Time: 15 minutes) (dae)
September 2, 2010 Filing 378 Court's Instructions to Jury. (dae)
September 2, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. JURY TRIAL - Day 14 held on 9/2/2010. Objections to Court's Jury Instructions. Court charges jury. Closing arguments. Jury retires to deliberate. (Court Reporter: Susan Bateman/AM & Charge; Diane Churas/Closings) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Bryan Ballew) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 5 hours 18 minutes) (dae)
September 2, 2010 Opinion or Order ORAL ORDER re: #377 Proposed Jury Instructions: Granted and denied in part for reasons as stated on the record and as reflected in the final jury charge. So Ordered by Judge Joseph N. Laplante. (dae)
September 1, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS CONFERENCES held on 9/1/2010. (Total Hearing Time: 2 hours 10 minutes) (dae)
September 1, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. JURY TRIAL - Day 13 held on 9/1/2010. Plaintiff's Evidence continued. Plaintiff rests. Defendant's Rule 50 Motion: Motion Under Advisement - to be later argued. Defendant rests. Witnesses Appearing: Randall Tackett. (Court Reporter: Diane Churas/AM; Susan Bateman/PM) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Bryan Ballew) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 5 hours 12 minutes) (dae)
September 1, 2010 Filing 377 Proposed Jury Instructions for a "Missing Witness" Instruction and a "Lack of Privity Requirement" Instruction by Karen L. Bartlett. (Roberson, Eric)
August 31, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS CONFERENCE re Jury Instructions held on 8/31/2010. (Total Hearing Time: 45 minutes) (dae)
August 31, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. JURY TRIAL - Day 12 held on 8/31/2010. Plaintiff's Evidence continued. Witnesses Appearing: Randall Tackett. (Court Reporter: Susan Bateman/AM; Diane Churas/PM) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Bryan Ballew) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 6 hours 37 minutes) (dae)
August 31, 2010 Filing 376 OBJECTION to #372 MOTION Related to Exhibit 1414 filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
August 31, 2010 Filing 375 OBJECTION to #370 MOTION To Admit Exhibit 1009 filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
August 31, 2010 Filing 374 OBJECTION to #369 MOTION for the Court to Take Judicial Notice of NCHS Life Expectancy Chart filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
August 31, 2010 Opinion or Order ORAL ORDER granting in part and denying in part consistent with the final jury charge #369 Motion for the Court to Take Judicial Notice of NCHS Life Expectancy Chart. So Ordered by Judge Joseph N. Laplante. (dae)
August 31, 2010 Opinion or Order ORAL ORDER mooting #371 Motion Regarding Use of Pharmacia Report (Ex. 199 ID). So Ordered by Judge Joseph N. Laplante. (dae)
August 31, 2010 Opinion or Order ORAL ORDER granting in part as to Relief #1 and denying in part as to Relief #2 re: #368 Motion to Take Judicial Notice. So Ordered by Judge Joseph N. Laplante. (dae)
August 31, 2010 Opinion or Order DUPLICATE ENTRY, DISREGARD. ORAL ORDER denying as moot in light of the parties' stipulation as to past medical expenses and their stipulation that neither party would call Dr. Ergin to testify re: #363 Motion to Admit All Produced Medical Bills and to Permit Carol Hyland to Testify Regarding Same on 8/23/10, Notice and Motion Regarding Dr. Ergin. So Ordered by Judge Joseph N. Laplante. (dae) Modified on 8/31/2010 to add: DUPLICATE ENTRY, DISREGARD.(dae).
August 31, 2010 Opinion or Order ENDORSED ORDER denying as moot #363 Motion to Admit All Produced Medical Bills and to Permit Carol Hyland to Testify Regarding Same on 8/23/10, Notice and Motion Regarding Dr. Ergin. Text of Order: Denied as moot in light of the parties' stipulation as to past medical expenses and their stipulation that neither party would call Dr. Ergin to testify. So Ordered by Judge Joseph N. Laplante. (jb)
August 31, 2010 Opinion or Order ORAL ORDER denying for the reasons as stated on the record #372 Motion Related to Exhibit 1414. So Ordered by Judge Joseph N. Laplante. (dae)
August 31, 2010 Opinion or Order ORAL ORDER granting in part and denying in part as per transcript of today's date #373 Motion for Miscellaneous Relief. So Ordered by Judge Joseph N. Laplante. (dae)
August 31, 2010 Opinion or Order ENDORSED ORDER denying as moot #370 Motion To Admit Exhibit 1009. Text of Order: Denied as moot in light of Bartlett's withdrawal of exhibit 1009. So Ordered by Judge Joseph N. Laplante. (jb)
August 30, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. JURY TRIAL CONFERENCE - Day 11 held on 8/30/2010. Jurors were not present; no evidence introduced. (Court Reporter: Susan Bateman) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Bryan Ballew) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 2 hours 15 minutes) (dae)
August 30, 2010 Filing 373 MOTION for MIscellaneous Relief filed by Karen L. Bartlett. Follow up on Objection on 9/16/2010. (Roberson, Eric)
August 30, 2010 Filing 372 MOTION Related to Exhibit 1414 filed by Karen L. Bartlett. Follow up on Objection on 9/16/2010. (Attachments: #1 Exhibit 1414 - Mutual CP (Redacted and Highlighted for Motion only))(Roberson, Eric)
August 30, 2010 Filing 371 MOTION Regarding Use of Pharmacia Report (Ex. 199 ID) filed by Karen L. Bartlett. Follow up on Objection on 9/16/2010. (Attachments: #1 Exhibit A - Expert Report of Dr. Robert Stern, #2 Exhibit B - Supplemental Expert Report of Dr. Robert Stern, #3 Exhibit C - 2/15/2010 Deposition of Dr. Robert Stern)(Roberson, Eric)
August 29, 2010 Filing 370 MOTION To Admit Exhibit 1009 filed by Karen L. Bartlett. Follow up on Objection on 9/16/2010. (Roberson, Eric)
August 29, 2010 Filing 369 MOTION for the Court to Take Judicial Notice of NCHS Life Expectancy Chart filed by Karen L. Bartlett. Follow up on Objection on 9/16/2010. (Attachments: #1 Exhibit A - NCHS Life Expectancy Table)(Roberson, Eric)
August 27, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS CONFERENCES held on 8/27/2010. (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig) (Defts Atty: Stephen Judge, Paul J. Cosgrove, Joseph Thomas, Pierre Chabot)(Total Hearing Time: 42 minutes) (dae)
August 27, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. JURY TRIAL - Day 10 held on 8/27/2010. Plaintiff's Evidence continued. Witnesses Appearing: Karen Bartlett. Trial Conference 8/30 at 1:30 PM. Evidence to resume on Tuesday, 8/31, 9 AM. (Court Reporter: Sandra Bailey/AM; Diane Churas/PM) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Bryan Ballew) (Defts Atty: Stephen Judge, Paul Cosgrove, Joseph Thomas, Pierre Chabot)(Total Hearing Time: 5 hours 43 minutes) (dae)
August 26, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. JURY TRIAL - Day 9 held on 8/26/2010. Plaintiff's Evidence continued. Witnesses Appearing: James Chodosh, Colleen Ryan, Barbara Mourikas, Rebecca Padulo (deposition testimony read into the record by Marcie Vaughan). (Court Reporter: Diane Churas/AM; Susan Bateman/PM) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Bryan Ballew) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 5 hours 50 minutes) (dae)
August 26, 2010 Filing 368 MOTION Take Judicial Notice filed by Karen L. Bartlett. Follow up on Objection on 9/13/2010. (Roberson, Eric)
August 26, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS CONFERENCE held on 8/26/2010. (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 35 mins) (cmp)
August 26, 2010 Opinion or Order SEE CORRECTED ENTRY THIS DATE. ENDORSED ORDER granting in part #367 Motion to Exclude Unduly cumulative testimony from Barbara Mourikas, Gregory Bartlett and Others. Text of Order: Granted in part and removed in part in accordance with, and for reasons stated on the record the morning of 8/26/10. So Ordered by Judge Joseph N. Laplante. (jb) Modified on 8/26/2010 to add: SEE CORRECTED ENTRY THIS DATE(jb).
August 26, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 8/26/2010 re #367 MOTION to Exclude Unduly cumulative testimony from Barbara Mourikas, Gregory Bartlett and Others. (Court Reporter: Diane Churas) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Bryan Ballew) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 30 minutes) (cmp)
August 26, 2010 Opinion or Order CORRECTED ENDORSED ORDER granting in part and denying in part #367 Motion to Exclude Unduly cumulative testimony from Barbara Mourikas, Gregory Bartlett and Others. Text of Order: Granted in part and denied in part in accordance with, and for reasons stated on the record the morning of 8/26/10. So Ordered by Judge Joseph N. Laplante. (jb)
August 26, 2010 Opinion or Order ENDORSED ORDER Text of Order: The court has determined that it will not be able to attend the ordered 30-minute, 8/27/10 7:45am deposition of Dr. Tackett. Should BOTH parties desire the court to attend, leave is granted to postpone the deposition until 8:15am, as the court is able to attend at that time. So Ordered by Judge Joseph N. Laplante. (Laplante, Joseph)
August 25, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. TRIAL CONFERENCE held on 8/25/2010. (Court Reporter: Susan Bateman) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Bryan Ballew) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 12 minutes) (cmp)
August 25, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS CONFERENCE held on 8/25/2010. (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 30 mins) (cmp)
August 25, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. JURY TRIAL - Day 8 held on 8/25/2010. Evidence continued. Plaintiff's Witnesses Appearing: Dr. Roger Salisbury, Dr. Bijan Sadrnoori. (Court Reporter: Susan Bateman/AM; Sandra Bailey/PM) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Xavier Gonzales, Bryan Ballew) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 5hrs 15 mins) (cmp)
August 25, 2010 Filing 367 MOTION to Exclude Unduly cumulative testimony from Barbara Mourikas, Gregory Bartlett and Others filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 9/13/2010. (Judge, Stephen)
August 25, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS CONFERENCE held on 8/25/2010. (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 30 minutes) (cmp)
August 24, 2010 Opinion or Order Filing 366 SUMMARY ORDER re deposition testimony of Dr. Joel Stein. So Ordered by Judge Joseph N. Laplante. (jb)
August 24, 2010 Opinion or Order Filing 365 SUMMARY ORDER re deposition testimony of Rebecca Padulo. So Ordered by Judge Joseph N. Laplante. (jb)
August 24, 2010 Opinion or Order ORAL ORDER granting in part and denying in part for the reasons as stated on the record #362 Motion for Miscellaneous Evidentiary Relief. So Ordered by Judge Joseph N. Laplante. (dae)
August 24, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS CONFERENCES held on 8/24/2010. (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 50 minutes) (dae)
August 24, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. JURY TRIAL - Day 7 held on 8/24/2010. Plaintiff's Evidence continued. Defendant's Oral Motion for Mistrial - Motion denied. Witnesses Appearing: Steven Pliskow, Roger Salisbury. (Court Reporter: Sandra Bailey/AM; Diane Churas/PM) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Bryan Ballew) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 6 hours 38 minutes) (dae)
August 23, 2010 Opinion or Order ORAL ORDER denying for the reasons as stated on the record #358 Motion for Mistrial. So Ordered by Judge Joseph N. Laplante. (dae)
August 23, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. JURY TRIAL - Day 6 held on 8/23/2010. Plaintiff's Evidence continued. Witnesses Appearing: Carol Hyland, Thomas Barocci, Robert Dettery by video deposition; Andria Werynski deposition read into the record. (Court Reporter: Diane Churas/AM; Susan Bateman/PM) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Bryan Ballew) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 6 hours 13 minutes) (dae)
August 22, 2010 Filing 364 Proposed Jury Instructions - - Limiting Instruction on Medication Guide as Directed by Court - - by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
August 22, 2010 Filing 363 MOTION to Admit All Produced Medical Bills and to Permit Carol Hyland to Testify Regarding Same on 8/23/10, Notice and Motion Regarding Dr. Ergin filed by Karen L. Bartlett. Follow up on Objection on 9/10/2010. (Attachments: #1 Exhibit Summary of Voluminous Medical Billing Records)(Jensen, Keith)
August 22, 2010 Filing 362 MOTION for Miscellaneous Evidentiary Relief filed by Karen L. Bartlett. Follow up on Objection on 9/10/2010. (Attachments: #1 Exhibit, #2 Exhibit FDA Decision Memo, #3 Exhibit Stern Final Report to Pharmacia, #4 Exhibit Stern JAMA Incidence Rates, #5 Exhibit Archives of Int Med Incidence Rates on SJS/TEN, #6 Exhibit ISPE 2000 Presentation of Euroscar Data, #7 Exhibit Mockenhaupt 2007/08 with on-line tables)(Jensen, Keith)
August 21, 2010 Filing 361 NOTICE of Monday 8.23.10 Witnesses and Other Matters by Karen L. Bartlett. (Jensen, Keith)
August 21, 2010 Opinion or Order ENDORSED ORDER Text of Order: Counsel shall appear at 8am Monday morning to address evidentiary issues before the jury trial reconvenes at 9am. Parties seeking to admit or prevent the admission of any evidence, including but not limited to Exhibit 905(ID), should be prepared to address whether it is relevant and/or unduly prejudicial under Rules 401-403, nonhearsay or hearsay subject to an exception (Rules 801-803), requires authentication under Rule 901 or is self-authenticating under Rule 902, and is the "best evidence" under the 1001 series of rules. The court will also accept the plaintiff's BRIEF proffer through Dr. Tackett (proposed by Atty. Roberson on Friday 8/20), subject to cross examination by defense counsel, regarding the use of the terms "rate," "reporting rate," and "incidence rate," in light of the court's 8/20/2010 oral order on the plaintiff's motion for leave to supplement Dr. Tackett's report with previously undisclosed opinions and the related rulings therein. So Ordered by Judge Joseph N. Laplante. (Laplante, Joseph)
August 20, 2010 Filing 360 OBJECTION to #358 MOTION for Mistrial filed by Karen L. Bartlett. (Roberson, Eric)
August 20, 2010 Opinion or Order ORAL ORDER denying #357 Motion for Emergency MOTION Alternative Motion for Leave to File Expert Report, Brief on Expert Report LAw and Proffer on Dr. Tackett. Text of Order: Denied for the reasons stated on the record. So Ordered by Judge Joseph N. Laplante. (cmp)
August 20, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 8/20/2010 re #358 MOTION for Mistrial, #357 Emergency MOTION Alternative Motion for Leave to File Expert Report, Brief on Expert Report LAw and Proffer on Dr. Tackett. (Court Reporter: Susan Bateman) (Pltfs Atty: Keith Jensen, Eric Roberson Christine Craig Bryan, Ballew) (Defts Atty: Stephen Judge Joseph Thomas P J Cosgrove Pierre Chabot)(Total Hearing Time: 1 hr 40 mins) (cmp)
August 20, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. JURY TRIAL - Day 5 held on 8/20/2010. Plaintiff's Evidence continued. Witnesses Appearing: Randall Tackett. (Court Reporter: Susan Bateman/AM; Sandra Bailey/PM) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Bryan Ballew) (Defts Atty: Stephen Judge, Paul Cosgrove, Joseph Thomas, Pierre Chabot)(Total Hearing Time: 4 hours 18 minutes) (dae)
August 19, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. JURY TRIAL - Day 4 held on 8/19/2010. Evidence introduced. Plaintiff;s Witnesses Appearing: Dr. John Schulz, Linda Mailhot, Dr. Claes Dohlman (via video deposition). (Court Reporter: Sandra Bailey/AM; Diane Churas/PM) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Bryan Ballew) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 5 hrs 55 mins) (cmp)
August 19, 2010 Filing 359 NOTICE of Filing of Deposition Excerpts by Karen L. Bartlett. (Attachments: #1 Appendix A - Excerpts from Deposition of Randall Tackett)(Roberson, Eric)
August 19, 2010 Filing 358 MOTION for Mistrial filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 9/7/2010. (Cosgrove, Paul)
August 19, 2010 Filing 357 Emergency MOTION Alternative Motion for Leave to File Expert Report, Brief on Expert Report LAw and Proffer on Dr. Tackett filed by Karen L. Bartlett. Follow up on Objection on 9/7/2010. (Roberson, Eric)
August 19, 2010 Filing 356 Emergency MOTION that Defendant's Opening Statement has Opened the Doors to All Risk Benefit Evidence filed by Karen L. Bartlett. Follow up on Objection on 9/7/2010. Certain exhibit(s) maintained conventionally in Clerks Office. (Attorney filers must submit conventional materials to the court within 72 hours.) (Roberson, Eric)
August 19, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. TRIAL Conference and MOTION HEARING held on 8/19/2010 re #356 Emergency MOTION that Defendant's Opening Statement has Opened the Doors to All Risk Benefit Evidence. (Court Reporter: Sandy Bailey) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Brian Ballew) (Defts Atty: Joseph Thomas, Steve Judge, Pierre Chabot, Paul Cosgrove)(Total Hearing Time: 45 mins) (cmp)
August 19, 2010 Opinion or Order ORAL ORDER denying #356 Emergency MOTION that Defendant's Opening Statement has Opened the Doors to All Risk Benefit Evidence. Text of Order: Denied for the reasons stated on the record. So Ordered by Judge Joseph N. Laplante. (cmp)
August 18, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS CONFERENCE held on 8/18/2010. (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig) (Defts Atty: Stephen Judge, Paul Cosgrove, Joseph Thomas, Pierre Chabot)(Total Hearing Time: 05 minutes) (dae)
August 18, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. JURY TRIAL - Day 3 held on 8/18/2010. Plaintiff's evidence continued. Defendant's Oral Motion for Mistrial. Argument. Motion is taken under advisement. Witnesses Appearing: Nam Kim, video depo; Robert Dettery video depo - begun and suspended; Randall Lynn Tackett. (Court Reporter: Diane Churas/AM; Susan Bateman/PM) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Bryan Ballew) (Defts Atty: Stephen Judge, Paul Cosgrove, Joseph Thomas, Pierre Chabot)(Total Hearing Time: 5 hours 17 minutes) (dae)
August 18, 2010 Filing 355 NOTICE of Conditionally Assented to Jury Instructions entitled "Judicial Notice Re: FDA Labeling Requirements" by Karen L. Bartlett. (Attachments: #1 Exhibit, #2 Exhibit)(Jensen, Keith)
August 18, 2010 Opinion or Order Filing 354 SUMMARY ORDER re deposition testimony of Andrea Werynski, Dettery, Dohlman, Kim. So Ordered by Judge Joseph N. Laplante. (dae)
August 17, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS CONFERENCE held on 8/17/2010. Juror #10 excused from panel. Discussion of trial matters. (Court Reporter: Susan Bateman) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 1 hour) (dae)
August 17, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. JURY TRIAL - Day 2 held on 8/17/2010. Exhibits read into the record. Court's preliminary instructions to the jury. Opening statements. Plaintiff's evidences begins. Witness Appearing: Leo William Lane. (Court Reporter: Susan Bateman/AM; Sandra Bailey/PM) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Timothy Beaupre, Xavier Gonzales, Bryan Ballew) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 4 hours 51 minutes) (dae)
August 17, 2010 Opinion or Order Filing 352 SUMMARY ORDER of rulings re deposition testimony of Robert Dettery. So Ordered by Judge Joseph N. Laplante. (dae)
August 17, 2010 Filing 351 NOTICE of Interim Brief on Admissibility of AERS Data by Karen L. Bartlett. (Roberson, Eric)
August 17, 2010 Opinion or Order ORAL ORDER granting in part and denying in part as stated on the record #350 MOTION To Return to Original Proposed Jury Instructions Before Trial. So Ordered by Judge Joseph N. Laplante. (dae)
August 17, 2010 Opinion or Order ORAL ORDER granting in part and denying in part as stated on the record #349 Motion in Limine to Bar Evidence on the Mitigation of Economic Damages Affirmative Defense and Requested Instruction on Same. So Ordered by Judge Joseph N. Laplante. (dae)
August 16, 2010 Filing 353 TRANSCRIPT of Proceedings for Telephone Conference held on August 11, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 9/10/2010. Redacted Transcript Follow Up 9/20/2010. Release of Transcript Restriction set for 11/15/2010. (dae)
August 16, 2010 Opinion or Order ORAL ORDER granting in part and denying in part as stated on the record #346 Motion for Request for Additional Limines and Preliminary Pretrial Jury Instruction. So Ordered by Judge Joseph N. Laplante. (dae)
August 16, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. JURY SELECTION, Day 1 held on 8/16/2010. Jury Selected; Jury Sworn. (Court Reporters: Sandra Bailey/AM; Diane Churas/PM) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig, Timothy Beaupre, Xavier Gonzales, Bryan Ballew) (Defts Atty: Stephen Judge, Joseph Thomas, P J Cosgrove, Pierre Chabot)(Total Hearing Time: 5 hours 3 minutes) (dae)
August 16, 2010 Filing 350 Emergency MOTION To Return to Original Proposed Jury Instructions Before Trial filed by Karen L. Bartlett. Follow up on Objection on 9/2/2010. (Attachments: #1 Exhibit A - Court's Original Proposed Preliminary Instructions, #2 Exhibit B - Court's Second Proposed Preliminary Jury Instructions)(Roberson, Eric)
August 16, 2010 Filing 349 Emergency MOTION in Limine to Bar Evidence on the Mitigation of Economic Damages Affirmative Defense and Requested Instruction on Same filed by Karen L. Bartlett. Follow up on Objection on 9/2/2010. (Roberson, Eric)
August 16, 2010 Filing 348 RESPONSE re #334 Notice (Other) by Plaintiff of Intent Regarding Dr. Ergin filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
August 16, 2010 Filing 347 Objection to #328 Notice (Other), Notice (Other) by Plaintiff of Proposed Intra-Trial Instructions to the Jury filed by Mutual Pharmaceutical Company, Inc.. (Attachments: #1 Exhibit A - 4-6-05 Memo re NSAIDs, #2 Exhibit B - 6-9-06 response to Citizen's Petition, #3 Exhibit C - 9-03-09 letter enclosing MUT03346-03687)(Cosgrove, Paul)
August 16, 2010 Filing 346 MOTION Request for Additional Limines and Preliminary Pretrial Jury Instruction filed by Karen L. Bartlett. Follow up on Objection on 9/2/2010. (Roberson, Eric)
August 16, 2010 Opinion or Order ENDORSED ORDER re #328 Notice of Proposed Intra-Trial Instructions To The Jury. Text of Order: The court will not give a jury instruction on Food & Drug Administration ("FDA") labeling requirements prior to Dr. Randall Tackett's testimony on the first day of trial, because that would unduly emphasize the issue. This ruling is without prejudice to giving an instruction on those requirements later in the proceedings. The parties' counsel should seek to jointly draft and propose such an instruction that is fair and neutral in tone. If they cannot do so, the court will consider one later in the trial or in the final jury charge. So Ordered by Judge Joseph N. Laplante. (jb)
August 15, 2010 Opinion or Order Filing 345 ORDER denying without prejudice #339 Motion for Jury Instruction. So Ordered by Judge Joseph N. Laplante. (dae)
August 14, 2010 Filing 344 NOTICE of Brief on Jury Instruction by Karen L. Bartlett. (Jensen, Keith)
August 14, 2010 Filing 343 Defendant's Amended Trial Exhibit List by Mutual Pharmaceutical Company, Inc. (Cosgrove, Paul)
August 14, 2010 Filing 342 RESPONSE re Order, for Proposed Jury Instruction Pursuant to August 13, 2010 Telephonic Conference filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
August 13, 2010 Opinion or Order ORAL ORDER denying #338 Motion for Voir Dire Requests during telephone conference. So Ordered by Judge Joseph N. Laplante. (dae)
August 13, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 8/13/2010. (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig) (Defts Atty: Stephen Judge, Paul Cosgrove, Joseph Thomas, Pierre Chabot)(Total Hearing Time: 1 hour 10 minutes) (dae)
August 13, 2010 Filing 341 OBJECTION to #339 MOTION Jury Instruction on Plaintiff's Lack of Burden Regarding Adequacy of a Warning filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
August 12, 2010 Opinion or Order Filing 340 ///ORDER: Bartlett is granted judgment as a matter of law on Mutual's affirmative defenses of comparative fault, apportionment, plaintiff's misconduct, and superseding cause. So Ordered by Judge Joseph N. Laplante. (jb)
August 12, 2010 Filing 339 MOTION Jury Instruction filed by Karen L. Bartlett. Follow up on Objection on 8/30/2010. (Roberson, Eric)
August 12, 2010 Filing 338 MOTION Voir Dire REquests filed by Karen L. Bartlett. Follow up on Objection on 8/30/2010. (Attachments: #1 Exhibit e-mail)(Roberson, Eric)
August 12, 2010 Filing 337 Exhibit 403 from Andrea Werynski deposition by Karen L. Bartlett. (Jensen, Keith)
August 12, 2010 Opinion or Order Filing 336 ORDER denying #293 Motion for Reconsideration re #284 Order on Motion for Reconsideration of Court's Order Denying Mutual's Motion for Summary Judgment on Plaintiff's Design Defect Claim. So Ordered by Judge Joseph N. Laplante. (jb)
August 12, 2010 Opinion or Order Filing 335 ORDER granting in part and denying in part #261 Motion in Limine to Exclude Reference to Facts Which are Solely Relevant to Proximate Cause Between Failure to Warn and Ingestion, Including Dr. Ergin's Complete or Almost Complete Lack of Reading of the PDR Label for any Sulindac Product and Related Matters. The motion is GRANTED as to parts (a) and (b), but DENIED as to Part (c). So Ordered by Judge Joseph N. Laplante. (jb)
August 12, 2010 Filing 334 NOTICE of Intent not to Call Dr. Ergin as Witness before the Jury under Law of Case by Karen L. Bartlett. (Roberson, Eric)
August 12, 2010 Opinion or Order ENDORSED ORDER Text of Order: The defendant shall file a response to the plaintiff's request for a specific jury instruction (document #339) no later than 4pm EST on August 13, 2010. So Ordered by Judge Joseph N. Laplante. (Laplante, Joseph)
August 12, 2010 Opinion or Order ENDORSED ORDER Text of Order: The plaintiff shall file forthwith a copy of Exhibit 403 as referenced in the first Andria Werynski deposition, line 87:15. So Ordered by Judge Joseph N. Laplante. (Laplante, Joseph)
August 11, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 8/11/2010. (Court Reporter: Susan Bateman) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig) (Defts Atty: Joseph Thomas, P. J. Cosgrove, Stephen Judge, Pierre Chabot)(Total Hearing Time: 1 hour 20 minutes) (dae)
August 11, 2010 Filing 333 OBJECTION to #293 MOTION for Reconsideration re #284 Order on Motion for Reconsideration of Court's Order Denying Mutual's Motion for Summary Judgment on Plaintiff's Design Defect Claim filed by Karen L. Bartlett. (Roberson, Eric) Modified on 8/12/2010 to take out duplicate text (dae).
August 11, 2010 Filing 332 NOTICE of Withdrawal of Defenses by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
August 11, 2010 Opinion or Order Filing 331 ORDER (Corrected, replaces #330 ) granting in part and denying in part #292 Motion to Exclude Evidence of Plaintiffs Untimely Medical Records. So Ordered by Judge Joseph N. Laplante. (dae)
August 11, 2010 Opinion or Order Filing 330 REFILED, See #331 . ORDER granting in part and denying in part #292 Motion to Exclude Evidence of Plaintiffs Untimely Medical Records. So Ordered by Judge Joseph N. Laplante. (dae) Modified on 8/11/2010 to add: REFILED, See #331 . (dae).
August 11, 2010 Opinion or Order Filing 329 /// SUMMARY ORDER : Mutual is granted judgment as a matter of law on Bartlett's claims for negligence and enhanced compensatory damages and Bartlett is granted judgment as a matter of law on Mutual's defenses based on the conduct of Bartlett and Dr. Ergin (specifically, the defenses of comparative negligence, apportionment, plaintiffs misconduct/failure to followinstructions, and superseding cause). So Ordered by Judge Joseph N. Laplante. (dae)
August 11, 2010 Filing 328 NOTICE of Proposed Intra-Trial Instructions To The Jury by Karen L. Bartlett. (Attachments: #1 Exhibit 1 Stern, Robert 8.4.10, #2 Exhibit 2 Stern Ex9 Final Report, #3 Exhibit 3 Stern Ex2 Stern Roujeau Email, #4 Exhibit 4 Stern Aff, #5 Exhibit 5 Jury Instructions requested during & at end of trial)(Jensen, Keith)
August 11, 2010 Filing 327 OBJECTION to #292 MOTION to Exclude Evidence of Plaintiff's Untimely Medical Records filed by Karen L. Bartlett. (Attachments: #1 Exhibit A Ulmer knew of Ibuprofen, #2 Exhibit B KB Production Proof, #3 Exhibit C Paralegal Spreadsheet, #4 Exhibit D Billing Records Produced w/color coding, #5 Exhibit E Chodosh Dep, #6 Exhibit F Mut obtained Sawyer records, #7 Exhibit G Dr. Lane's Dep re Reddy, #8 Exhibit H Proposed Trial Exhibit, #9 Exhibit 1 RiteAid Pharmacy, #10 Exhibit 2 Caritas Holy Family Hospital, #11 Exhibit 3 Andover Surgical Associates, #12 Exhibit 4 Tufts Medical Center Billing Records, #13 Exhibit 5 MA General Hospital Billing Records, #14 Exhibit 6 New England Neurological Billing Records, #15 Exhibit 7 Northeast Rehabilitation Billing Records, #16 Exhibit 8 Spaulding Rehabilitation Billing Records, #17 Exhibit 9a MEEI Billing Records Part 1, #18 Exhibit 9b MEEI Billing Records Part 2, #19 Exhibit 10 New England Home Therapy, #20 Exhibit 11 MEEI Doctor Billing Records, #21 Exhibit 12 Dr. Drasko Simovic Billing Records, #22 Exhibit 13 Andover Surgical Associates Billing Records, #23 Exhibit 14 Ortho Northeast Billing Records, #24 Exhibit 15 Dr. Muto Billilng Records, #25 Exhibit 16 Physician's Resource Billing Records, #26 Exhibit 17 Caritas Hospital Billing Records, #27 Exhibit 18 Andover Urology Billing Records, #28 Exhibit 19 Dr. Sadrnoori Billing Records, #29 Exhibit 20a MERSI Billing Records Part 1, #30 Exhibit 20b MERSI Billing Records Part 2, #31 Exhibit 21 MEEI Doctor Billing Records, #32 Exhibit 22 Dr. Richard Sawyer Billing Records, #33 Exhibit 23 Beth Israel Billing Records, #34 Exhibit 24 Palms West Billing Records, #35 Exhibit 25 Dr. Reddy Billing Records, #36 Exhibit 26 RiteAid Pharmacy, #37 Exhibit 27 Spaulding Rehabilitation Billing Records, #38 Exhibit 28 Insurance Statements)(Jensen, Keith)
August 11, 2010 Filing 326 Objection to #296 Order,, (First Amended) filed by Karen L. Bartlett. (Attachments: #1 Exhibit A- Excerpts from Tackett Report, #2 Exhibit B - Salisbury Deposition Excerpts, #3 Exhibit C - Bartlett Deposition Excerpts, #4 Exhibit D - Brooks Pharmacy Handout)(Roberson, Eric)
August 11, 2010 Filing 325 Objection to #296 Order,, Brief on Issues Requested by Court filed by Karen L. Bartlett. (Roberson, Eric)
August 11, 2010 Opinion or Order ENDORSED ORDER denying #319 Motion to Certify Question to NH Supreme Court. Text of Order: Denied. So Ordered by Judge Joseph N. Laplante. (dae)
August 10, 2010 Filing 324 Witness List (Will Call per Order # 297) by Karen L. Bartlett. (Attachments: #1 Appendix A - Custodians and Prove Up Witnesses)(Roberson, Eric)
August 10, 2010 Filing 323 Witness List Pursuant to August 4, 2010, Final Pretrial Order [Doc. 297] by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
August 10, 2010 Filing 322 BRIEF/MEMORANDUM REGARDING CULPABILITY DEFENSES by Mutual Pharmaceutical Company, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S)(Cosgrove, Paul)
August 10, 2010 Opinion or Order Filing 321 SUMMARY ORDER on Mutual's objections to Dohlman and Kim deposition testimony. So Ordered by Judge Joseph N. Laplante. (dae)
August 10, 2010 Opinion or Order Filing 320 ORDER denying #280 Motion to Bifurcate Trial and to Exclude/Limit Unduly Prejudicial Images of Plaintiff's SJS/TEN Hypersensitivity Reaction. Both requests denied, without prejudice to any objections that Mutual may raise at trial to the admissibility of specific "images." So Ordered by Judge Joseph N. Laplante. (jb) Modified on 8/10/2010 to change imagines to "images." (dae).
August 10, 2010 Filing 319 MOTION Certify Question to NH Supreme Court Replaces Document no. 304 filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 8/27/2010. (Cosgrove, Paul)
August 10, 2010 Filing 318 Addendum/Exhibits Volume X to #305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: #1 Exhibit 1421 - Mutual Sulindac CP)(Roberson, Eric)
August 10, 2010 Filing 317 Addendum/Exhibits Volume IX to #305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: #1 Exhibit 1418 - Mutual CP, #2 Exhibit 1419 - Mutual CP, #3 Exhibit 1420 - Mutual CP)(Roberson, Eric)
August 10, 2010 Filing 316 Addendum/Exhibits - Volume VIII to #305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: #1 Exhibit 1415 - Mutual CP, #2 Exhibit 1416 - Mutual CP, #3 Exhibit 1417 - Mutual CP)(Roberson, Eric)
August 10, 2010 Filing 315 Addendum/Exhibits Volume VII to #305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: #1 Exhibit 1412 - Mylan Fetanyl CP)(Roberson, Eric)
August 10, 2010 Filing 314 Addendum/Exhibits Volume VI-B to #305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: #1 Exhibit 1410 - Mylan Fetanyl CP - Second Half)(Roberson, Eric)
August 10, 2010 Filing 313 Addendum/Exhibits Volume VI-A to #305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: #1 Exhibit 1410 - Mylan Fetanyl Cp - First Half)(Roberson, Eric)
August 10, 2010 Filing 312 Addendum/Exhibits Volume V to #305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: #1 Exhibit 1406 - Mutual CP, #2 Exhibit 1407 - Mutual CP, #3 Exhibit 1411 - Mylan Fetanyl CP, #4 Exhibit 1414 - Mutual CP)(Roberson, Eric)
August 10, 2010 Filing 311 Addendum/Evidence Volume IV B to #305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: #1 Exhibit 1405 FDA CP Response - Second Half)(Roberson, Eric)
August 10, 2010 Filing 310 Addendum/Volume IV-A to #305 Response (not to Motion) Ex. 1405 first half filed by Karen L. Bartlett. (Attachments: #1 Exhibit 1405 - FDA CP Response Letter First half))(Roberson, Eric)
August 10, 2010 Filing 309 Addendum/Exhibits Volume III to #305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: #1 Exhibit 905 - FDA Decision Memo, #2 Exhibit 1177 - Levitt Article on Sulindac, #3 Exhibit 1188 - NDA Approval for Provigil)(Roberson, Eric)
August 10, 2010 Filing 308 Addendum/Exhibits Volume II B filed by Karen L. Bartlett. (Attachments: #1 Exhibit 199 Second Half Stern Manuscript)(Roberson, Eric)
August 10, 2010 Filing 307 Addendum/Exhibits Volume IIA filed by Karen L. Bartlett. (Attachments: #1 Exhibit 199 - Stern Manuscript - First Half)(Roberson, Eric)
August 10, 2010 Filing 306 Addendum/Exhibits Volume I to #305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: #1 Exhibit (Affidavit) 1 - Jensen Affidavit, #2 Exhibit (Affidavit) 2 - Bartlett Affidavit, #3 Exhibit (Affidavit) 4 - Roberson Affidavit, #4 Exhibit 5 - Colchincine NDA, #5 Exhibit 6 - Stern Deposition Excerpts, #6 Exhibit 7 - NSAID Medication Guide)(Roberson, Eric)
August 10, 2010 NOTICE of ECF Filing Error re: #304 Brief filed by Mutual Pharmaceutical Company, Inc. Filer used wrong event. Filer shall refile using the Motion, Miscellaneous Relief (text in "Certify Question to NH Supreme Court") event and enter in docket text: Replaces document no. 304. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. Notice of Compliance Deadline set for 8/12/2010. (dae)
August 10, 2010 NOTICE of ECF Filing Error re: #306 Addendum, #307 Addendum, #308 Addendum, #309 Addendum, #310 Addendum, #311 Addendum, #312 Addendum, #313 Addendum, #314 Addendum, #315 Addendum, #316 Addendum, #317 Addendum, #318 Addendum. Documents should have been filed as attachments to the main document (AP 2.5(a)) - to the Response/Brief #305 . NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. (dae)
August 9, 2010 Filing 305 RESPONSE re #281 Order, Brief on Negligence Causation, Enhanced Compensatory Damages, and the Relevance of Warning Evidence (Exhibits Filed Seperately) filed by Karen L. Bartlett. (Roberson, Eric)
August 9, 2010 Filing 304 REFILED, See #319 . BRIEF/MEMORANDUM DEFENDANT'S MOTION TO CERTIFY A QUESTION OF STATE LAW by Mutual Pharmaceutical Company, Inc. (Cosgrove, Paul) Modified on 8/10/2010 to add: REFILED, See #319 .(dae).
August 9, 2010 Filing 303 BRIEF/MEMORANDUM Regarding Plaintiff's Negligence Claims Pursuant to July 27, 2010, Order by Mutual Pharmaceutical Company, Inc. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Cosgrove, Paul)
August 9, 2010 Filing 302 TRANSCRIPT of Proceedings for Final Pretrial Conference, Afternoon Session held on August 3, 2010. Court Reporter: Sandra Bailey, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 9/2/2010. Redacted Transcript Follow Up 9/13/2010. Release of Transcript Restriction set for 11/8/2010. (dae)
August 9, 2010 Filing 301 TRANSCRIPT of Proceedings for Final Pretrial Conference, Morning Session, held on 8/3/10. Court Reporter: Susan Bateman, Telephone # 603-225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 9/2/2010. Redacted Transcript Follow Up 9/13/2010. Release of Transcript Restriction set for 11/8/2010. (dae)
August 9, 2010 Filing 300 MOTION Alter Page Limits re docs 281 and 296 filed by Karen L. Bartlett. Follow up on Objection on 8/26/2010. (Roberson, Eric)
August 9, 2010 Opinion or Order ENDORSED ORDER granting #300 Motion Alter Page Limits re docs 281 and 296. Text of Order: Granted as to Bartlett only. So Ordered by Judge Joseph N. Laplante. (jb)
August 5, 2010 Filing 299 Objection to #258 Proposed Jury Instructions of Plaintiff filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
August 4, 2010 Opinion or Order Filing 298 ORDER ON JURY SELECTION: Size of jury: 10 and no alternates - all jurors to participate in the verdict. Standard voir dire. Procedure for qualification. Attorney voir dire permitted as outlined. Additional challenges for cause at bench. Peremptory challenges - 4 each to be submitted en masse, simultaneously, in writing. Juror empanelment. Signed by Judge Joseph N. Laplante. (dae)
August 4, 2010 Opinion or Order Filing 297 Final Pretrial Order. Trial date: 8/16/10. Trial length: 1 month (plaintiff's case - 3 weeks; defendant's case - 1 week). Exhibit List and Will-Call Witness List due by 8/10/2010. Signed by Judge Joseph N. Laplante. (Attachments: #1 Exhibit Marking Instructions)(dae)
August 4, 2010 Opinion or Order Filing 296 PROCEDURAL ORDER. Parties shall brief issues outlined in order on or before August 10, 2010 (30 page limit, not including exhibits or attachments). Plaintiff's objection to #292 Motion to Exclude Evidence of Plaintiff's Untimely Medical Records is due August 11, 2010. Plaintiff's objection to #293 Motion for Reconsideration re #284 Order on Motion for Reconsideration of Court's Order Denying Mutual's Motion for Summary Judgment on Plaintiff's Design Defect Claim due by August 11, 2010. So Ordered by Judge Joseph N. Laplante. (jb)
August 3, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS CONFERENCE held on 8/3/2010. (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig) (Defts Atty: Stephen Judge, Paul Cosgrove, Joseph Thomas, Pierre Chabot)(Total Hearing Time: 40 minutes) (dae)
August 3, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. FINAL PRETRIAL CONFERENCE held on 8/3/2010. Order to Issue. (Court Reporter: Susan Bateman/AM; Sandra Bailey/PM) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig) (Defts Atty: Stephen Judge, Paul Cosgrove, Joseph Thomas, Pierre Chabot)(Total Hearing Time: 3 hours 35 minutes) (dae)
August 3, 2010 Filing 295 Objection to #256 Proposed Voir Dire filed by Karen L. Bartlett. (Roberson, Eric)
August 2, 2010 Filing 294 Objection to #254 Proposed Jury Instructions Objections to Jury Questions in Proposed Verdict Form filed by Karen L. Bartlett. (Roberson, Eric)
August 2, 2010 Filing 293 MOTION for Reconsideration re #284 Order on Motion for Reconsideration of Court's Order Denying Mutual's Motion for Summary Judgment on Plaintiff's Design Defect Claim filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 8/19/2010. (Cosgrove, Paul)
August 2, 2010 Filing 292 MOTION to Exclude Evidence of Plaintiff's Untimely Medical Records filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 8/19/2010. (Attachments: #1 Exhibit Ex. A Emails dated June 19-26, 2010, #2 Exhibit Ex. B Plaintiffs' Combined Answers and Objections to Interrogatories, #3 Exhibit Ex. C Plaintiff's Medical Expenses, #4 Exhibit Ex. D Billing By Provider $1.16M (7/21/10), #5 Exhibit Ex. E Billing by Provider $1.325M (7/23/10), #6 Exhibit Ex. F. Billing by Provider $1.354M)(Cosgrove, Paul)
August 2, 2010 Filing 291 NOTICE of Attorney Appearance by Pierre A,. Chabot on behalf of Mutual Pharmaceutical Company, Inc. (Chabot, Pierre)
August 2, 2010 Opinion or Order Filing 290 ORDER granting in part and denying in part #205 Motion in Limine. So Ordered by Judge Joseph N. Laplante. (jb)
August 2, 2010 Filing 289 NOTICE of (objections to Jury Charge by Karen L. Bartlett. (Roberson, Eric)
July 31, 2010 Filing 288 TRIAL BRIEF Appendix "A" by Karen L. Bartlett. (Roberson, Eric)
July 30, 2010 Filing 287 TRIAL BRIEF by Karen L. Bartlett. (Roberson, Eric)
July 30, 2010 Filing 286 TRIAL BRIEF by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
July 30, 2010 Opinion or Order Filing 285 ORDER granting in part and denying in part #277 Motion for Leave to File Supplemental Exhibits, Reliance Documents and Jury Instructions in Light of New Orders. Plaintiff is granted leave to supplement proposed jury instructions and exhibit list in light of recent evidentiary rulings. Plaintiff is denied leave to add new expert reliance materials. So Ordered by Judge Joseph N. Laplante. (jb)
July 30, 2010 Opinion or Order Filing 284 ORDER denying #263 Motion for Reconsideration re: #243 Order on Motion for Summary Judgment. So Ordered by Judge Joseph N. Laplante. (jb)
July 30, 2010 Filing 283 AMENDED OBJECTION to #280 MOTION to Bifurcate Trial and to Exclude/ Limit Unduly Prejudicial Images of Plaintiff's SJS/TEN Hypersensitivity Reaction (amended) filed by Karen L. Bartlett. (Roberson, Eric) Modified on 7/30/2010 to add: AMENDED(cmp).
July 29, 2010 Filing 282 AMENDED, See #283 . OBJECTION to #280 MOTION to Bifurcate Trial and to Exclude/ Limit Unduly Prejudicial Images of Plaintiff's SJS/TEN Hypersensitivity Reaction filed by Karen L. Bartlett. (Roberson, Eric) Modified on 8/2/2010 to add: AMENDED, See #283 . (dae).
July 27, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 7/27/2010. Order to issue. (Pltfs Atty: Keith Jensen, Esq. Bryan Ballew, Esq. Eric Roberson, Esq. Christine Craig, Esq.) (Defts Atty: P.J. Cosgrove, Esq. Steve Judge, Esq.)(Total Hearing Time: 55 mins) (cmp)
July 27, 2010 Opinion or Order Filing 281 ORDER re Stern/Valuck depositions, motion to bifurcate (document no. 280), and negligence claims. Plaintiff's objection to motion to bifurcate due July 29, 2010. Parties' briefs re negligence claims due by August 9, 2010 (limit 25 pages, not including exhibits or attachments). So Ordered by Judge Joseph N. Laplante. (jb)
July 27, 2010 NOTICE of Hearing. Telephone Conference set for 7/27/2010 at 03:00 PM before Judge Joseph N. Laplante. The court will initiate the call. Counsel are to provide DIRECT telephone numbers to the deputy clerk. (cmp)
July 27, 2010 RESCHEDULING NOTICE of Hearing. Final Pretrial Conference reset for 8/3/2010 at 09:00 AM before Judge Joseph N. Laplante. (cmp)
July 26, 2010 Filing 280 MOTION to Bifurcate Trial and to Exclude/ Limit Unduly Prejudicial Images of Plaintiff's SJS/TEN Hypersensitivity Reaction filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 8/12/2010. (Cosgrove, Paul)
July 26, 2010 Filing 279 OBJECTION to #261 MOTION in Limine to Exclude Reference to Facts Which are Solely Relevant to Proximate Cause Between Failure to Warn and Ingestion, Including Dr. Ergin's Complete or Almost Complete Lack of Reading of the PDR Label for any Sulindac Product and Rel filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
July 26, 2010 Opinion or Order Filing 278 AMENDED SUMMARY ORDER granting in part and denying in part #185 Motion in Limine ; granting in part and denying in part #186 Motion in Limine ; granting in part and denying in part #188 Motion in Limine ; taking under advisement #189 Motion in Limine ; denying as moot #190 Motion in Limine ; granting #191 Motion in Limine ; granting #192 Motion in Limine ; granting #193 Motion in Limine ; granting #194 Motion in Limine ; granting #195 Motion in Limine ; granting in part and denying in part #196 Motion in Limine ; granting #197 Motion in Limine ; granting #198 Motion in Limine ; granting in part and denying in part #200 Motion in Limine ; granting in part and denying in part #201 Motion in Limine. Signed by Judge Joseph N. Laplante. (cmp)
July 26, 2010 Filing 277 MOTION for Leave to File Supplemental Exhibits, Reliance Documents and Jury Instructions in Light of New Orders filed by Karen L. Bartlett. Follow up on Objection on 8/12/2010. (Attachments: #1 Memorandum of Law, #2 Appendix A - Supplemental Exhibit List, #3 Appendix B - Supplemental Reliance List, #4 Appendix C- 5 13 2010 Letter from Defense Counsel, #5 Appendix D - Supplemental Jury Instructions)(Roberson, Eric)
July 26, 2010 Filing 276 NOTICE of Exhibit and Reliance Materials (re: Orders 251 & 272) by Karen L. Bartlett. (Roberson, Eric)
July 26, 2010 Opinion or Order Filing 275 ORDER granting #240 Motion for Findings of Unavailability, Admissibility, and Alternative Motion to Compel Appearance. So Ordered by Judge Joseph N. Laplante. (jb)
July 26, 2010 Opinion or Order ENDORSED ORDER re #274 Notice of Intent to Reply to Objection to #240 Motion for Findings of Unavailability, Admissibility, and Alternative Motion to Compel Appearance. Text of Order: A notice of intent is insufficient under the Local Rules, which require a motion for leave to reply to objections to non-dispositive motions. Despite the fact that leave was not requested, it is nonetheless denied. So Ordered by Judge Joseph N. Laplante. (jb)
July 26, 2010 Opinion or Order ENDORSED ORDER taking under advisement #277 Motion for Leave to Supplement. Text of Order: The pretrial conference is one week away. Any objections to the motion for leave, and/or requests for corresponding relief should the leave be granted, shall be filed by 1:00 pm EST on July 29, 2010. The court notes that by attempting (albeit improperly) to "notice up" a reply brief on July 23rd, and by moving for leave to supplement, the plaintiff's counsel are not conducting this litigation in a manner conducive to maintaining the mid-August trial date. The court's rulings have have not altered -- and have only narrowed -- the issues for trial, which include claims asserted from the beginning by Bartlett, and defenses "noticed-up" by Mutual from the outset (despite plaintiff's counsel's claims to the contrary). So Ordered by Judge Joseph N. Laplante. (Laplante, Joseph)
July 23, 2010 Filing 274 Notice of Intent to Reply to Objection to #240 MOTION For Findings of Unavailability, Admissibility, and Alternative Motion to Compel Appearance. Follow up on Reply on 8/9/2010. (Roberson, Eric)
July 23, 2010 Opinion or Order Filing 273 REPLACED BY DOCUMENT 278. SUMMARY ORDER granting in part and denying in part #185 Motion in Limine ; granting in part and denying in part #186 Motion in Limine ; granting in part and denying in part #188 Motion in Limine ; taking under advisement #189 Motion in Limine ; denying as moot #190 Motion in Limine ; granting #191 Motion in Limine ; granting #192 Motion in Limine ; granting #193 Motion in Limine ; granting #194 Motion in Limine ; granting #195 Motion in Limine ; granting in part and denying in part #196 Motion in Limine ; granting #197 Motion in Limine ; granting #198 Motion in Limine ; granting in part and denying in part #200 Motion in Limine ; granting in part and denying in part #201 Motion in Limine. So Ordered by Judge Joseph N. Laplante. (cmp) Modified on 7/26/2010 to add:REPLACED BY DOCUMENT 278. (cmp).
July 23, 2010 Opinion or Order Filing 272 FURTHER ORDER on #230 MOTION to Strike Defense Expert Dr. Stern. Signed by Judge Joseph N. Laplante. (cmp)
July 22, 2010 Opinion or Order Filing 271 SUMMARY ORDER granting in part #168 Motion to Exclude or Limit Testimony of Messrs. Pollack, Morrison & Sporn and For Ruling on Deposition Objections. Signed by Judge Joseph N. Laplante. (cmp)
July 22, 2010 Filing 270 OBJECTION to #240 MOTION For Findings of Unavailability, Admissibility, and Alternative Motion to Compel Appearance filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
July 22, 2010 Opinion or Order Filing 269 ORDER granting in part and denying in part #128 Motion to Exclude; granting in part and denying in part #142 Motion to Exclude. So Ordered by Judge Joseph N. Laplante. (jna)
July 21, 2010 Opinion or Order Filing 268 PROCEDURAL ORDER re: TRIAL BRIEFS and response deadlines as to #263 Motion for Reconsideration and #261 Motion in Limine. Signed by Judge Joseph N. Laplante. (cmp)
July 21, 2010 Filing 267 SURREPLY to Reply to #230 MOTION to Strike Defense Expert Dr. Stern for Non-Production of His Own Manuscript Which Contradicts Mutual's Main Defense and Related Relief (ENTRY REPLACES [DOC. 265] filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
July 21, 2010 Filing 266 NOTICE of Refiling of a Textually Identical Surreply to Plaintiff's Motion to Strike Defense Expert Robert Stern, M.D. by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
July 21, 2010 Opinion or Order ENDORSED ORDER denying #264 Motion to Excuse. Text of Order: Denied. Parties and insurance representatives shall attend per the normal practice. Further, counsel should anticipate that the pretrial, which starts at 4pm, will last well past normal court business hours and into the evening. If that presents problems for the parties, counsel, or other required attendees from the perspective of availability or travel arrangements, they should confer and reschedule the pretrial with the Deputy Clerk on a date that works for all concerned, with the assumption that the pretrial will take a half-day. The hearing may be scheduled to begin or end, if necessary, before or after normal business hours. So Ordered by Judge Joseph N. Laplante. (cmp)
July 20, 2010 Filing 265 SURREPLY to Reply to #230 MOTION to Strike Defense Expert Dr. Stern for Non-Production of His Own Manuscript Which Contradicts Mutual's Main Defense and Related Relief , per Court's prior order allowing for surreply by July 20, filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
July 20, 2010 Filing 264 Assented to MOTION to Excuse Insurance Company Representative and Parties From Attendance at Final Pretrial Conference filed by Mutual Pharmaceutical Company, Inc.. (Judge, Stephen)
July 20, 2010 Filing 263 MOTION for Reconsideration re #243 Order on Motion for Summary Judgment,,,,,,,,,,,,,, filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 8/6/2010. (Cosgrove, Paul)
July 20, 2010 Filing 262 Proposed Jury Instructions (First Amended with Motion for Leave) by Karen L. Bartlett. (Roberson, Eric)
July 20, 2010 Filing 261 MOTION in Limine to Exclude Reference to Facts Which are Solely Relevant to Proximate Cause Between Failure to Warn and Ingestion, Including Dr. Ergin's Complete or Almost Complete Lack of Reading of the PDR Label for any Sulindac Product and Related Matters filed by Karen L. Bartlett. Follow up on Objection on 8/6/2010. (Attachments: #1 Memorandum of Law, #2 Exhibit Transcript of 7.13.10 Hearing, #3 Exhibit Order and Opinion 7.12.10, #4 Exhibit Deposition Dr. Ergin)(Jensen, Keith)
July 20, 2010 Filing 260 Proposed Voir Dire Table of Exhibits by Karen L. Bartlett. (Attachments: #1 Exhibit A - Law Review Article, #2 Exhibit B - Rezko Jury Questionnaire, #3 Exhibit C - Conrad Black Jury Questionnaire, #4 Exhibit D - Cyril Wecht Jury Questionnaire, #5 Exhibit E - Exhibit Withdrawn - Would Not Upload, #6 Exhibit F- Bartlett Proposed Jury Questionnaire)(Roberson, Eric)
July 19, 2010 Filing 259 Proposed Voir Dire by Karen L. Bartlett. (Roberson, Eric)
July 19, 2010 Filing 258 Proposed Jury Instructions by Karen L. Bartlett. (Roberson, Eric)
July 19, 2010 Filing 257 Pretrial Statement filed by Karen L. Bartlett. (Attachments: #1 Appendix A - Current Itemized Medical Bills)(Roberson, Eric)
July 19, 2010 Filing 256 Proposed Voir Dire Questions by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
July 19, 2010 Filing 255 NOTICE of Mutual's Motions in Limine by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
July 19, 2010 Filing 254 Proposed Jury Instructions by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
July 19, 2010 Filing 253 NOTICE of to Plaintiff Regarding Testimonial Proof of Special Damages by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
July 19, 2010 Filing 252 Pretrial Statement filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
July 16, 2010 Opinion or Order Filing 251 ORDER granting in part and denying in part #230 Motion to Strike Defense Expert Dr. Stern for Non-Production of His Own Manuscript Which Contradicts Mutual's Main Defense and Related Relief. So Ordered by Judge Joseph N. Laplante. (dae)
July 16, 2010 Filing 250 NOTICE of Plaintiff's Position on Limine Rulings by Karen L. Bartlett. (Jensen, Keith)
July 16, 2010 Filing 249 NOTICE of Parties' Joint List of Issues Moot or Otherwise Resolved, per Court's July 13, 2010, Order by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
July 16, 2010 Opinion or Order Filing 248 ORDER granting #199 Motion for Judicial Notice Under Rule 201 of the Federal Rules of Evidence. So Ordered by Judge Joseph N. Laplante. (jb)
July 16, 2010 Opinion or Order Filing 247 FILED IN ERROR, REFILED See #251 . ORDER granting in part and denying in part #230 Motion to Strike Defense Expert Dr. Stern for Non-Production of His Own Manuscript Which Contradicts Mutual's Main Defense and Related Relief. So Ordered by Judge Joseph N. Laplante. (jb) Modified on 7/19/2010 to add: FILED IN ERROR, REFILED See #251 . (dae).
July 16, 2010 Filing 246 TRANSCRIPT of Proceedings for Telephone Conference held on July 13, 2010. Court Reporter: Sandra Bailey, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 8/9/2010. Redacted Transcript Follow Up 8/19/2010. Release of Transcript Restriction set for 10/15/2010. (dae)
July 15, 2010 Filing 245 REPLY to Objection to Motion re #230 MOTION to Strike Defense Expert Dr. Stern for Non-Production of His Own Manuscript Which Contradicts Mutual's Main Defense and Related Relief and Motion for Leave to Exceed Page Limits filed by Karen L. Bartlett. (Attachments: #1 Exhibit A-1 - FDA Publication, #2 Exhibit A-2 - FDA Publication, #3 Exhibit B - In Re Gadolinium Order), #4 Exhibit C - In Re Viagra Order, #5 Exhibit D - Dr. Stern Article, #6 Exhibit E - Dr. Stern 2010 Deposition, #7 Exhibit F - Office Listings, #8 Exhibit G - Dr. Stern 2008 Deposition, #9 Exhibit H - Dr. Stern IRS Records)(Roberson, Eric)
July 14, 2010 Opinion or Order Filing 244 ORDER - parties to jointly file list of issues as outlined. Court will not accept any further motions for summary judgment. Trial remains scheduled to begin on 8/16/10 and all other procedural deadlines remain in effect. (Notice of Compliance Deadline set for 7/16/2010 for joint list.) Signed by Judge Joseph N. Laplante. (dae)
July 13, 2010 Opinion or Order ENDORSED ORDER re #241 Notice of Intent to Reply to #230 Motion to Strike Defense Expert Dr. Stern for Non-Production of His Own Manuscript Which Contradicts Mutual's Main Defense and Related Relief. Text of Order: In response to the notice of intent to reply provided July 8 by the plaintiff, the court will accept the reply no later than July 15, and grants leave to file (but does not require) a surreply, limited to issues and arguments advanced in the reply, to be filed no later than July 20. So Ordered by Judge Joseph N. Laplante. (jb)
July 13, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 7/13/2010. Order to issue. (Court Reporter: Sandra Bailey) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig) (Defts Atty: Joseph Thomas, P. J. Cosgrove, Stephen Judge)(Total Hearing Time: 40 minutes) (dae)
July 12, 2010 Opinion or Order Filing 243 ///ORDER granting in part and denying in part #146 Motion for Summary Judgment filed by Mutual Pharmaceutical, Inc.; denying #145 Motion for Summary Judgment Based on Federal Preemption filed by Mutual Pharmaceutical, Inc.; and granting in part and denying in part #131 Motion for Summary Judgment filed by Karen L. Bartlett. Mutual's motion for summary judgment is GRANTED as to Bartlett's claims of strict products liability (Count 1) and negligence (Count 6) based on failure to warn, as well as her claim of fraud (Count 3), but is DENIED as to her claims of strict products liability (Count 2) and negligence (Count 6) based on defective design, as well as her request for enhanced compensatory damages. Mutual's separate motion for summary judgment based on federal pre-emption, which is actually a motion for reconsideration of this court's earlier pre-emption ruling, is also DENIED. Bartlett's motion for partial summary judgment is GRANTED as to Mutual's set-off and spoliation defenses, but is otherwise DENIED. So Ordered by Judge Joseph N. Laplante. (jb)
July 12, 2010 Opinion or Order Filing 242 ORDER: deadline for filing pretrial statements and proposed jury instructions is extended to 7/19/10. All other deadlines remain the same. (Pretrial Statements, etc. due 7/19/2010.) Signed by Judge Joseph N. Laplante. (dae)
July 8, 2010 Filing 241 Notice of Intent to Reply to Objection to #230 MOTION to Strike Defense Expert Dr. Stern for Non-Production of His Own Manuscript Which Contradicts Mutual's Main Defense and Related Relief. Follow up on Reply on 7/26/2010. (Roberson, Eric)
July 7, 2010 Filing 240 MOTION For Findings of Unavailability, Admissibility, and Alternative Motion to Compel Appearance filed by Karen L. Bartlett. Follow up on Objection on 7/26/2010. (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit) A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Roberson, Eric)
July 7, 2010 Filing 239 SURREPLY to Reply to #146 MOTION for Summary Judgment Per Court's June 8, 2010, Order for Supplemental Briefing on Proximate Causation filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
July 7, 2010 Opinion or Order ENDORSED ORDER granting #237 Motion to Accept Reply Brief (Doc 235) as Timely Filed and Allow Amended Reply Brief. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb)
July 6, 2010 Filing 238 NOTICE of Amended Reply Brief (Doc 235) by Karen L. Bartlett. (Roberson, Eric)
July 6, 2010 Filing 237 Assented to MOTION Unnopposed Motion to Accept Reply Brief (Doc 235) as Timely Filed and Allow Amended Reply Brief filed by Karen L. Bartlett. (Roberson, Eric)
July 6, 2010 Filing 236 OBJECTION to #230 MOTION to Strike Defense Expert Dr. Stern for Non-Production of His Own Manuscript Which Contradicts Mutual's Main Defense and Related Relief filed by Mutual Pharmaceutical Company, Inc.. (Attachments: #1 Exhibit (Affidavit) Declaration of P. Cosgrove in Support of Objection/Reponse, #2 Exhibit (Ex. 1) Court Order (3/5/10), #3 Exhibit (Ex. 2) Mutual's 3/3/10 Email, #4 Exhibit (Ex. 3) Keith Jensen's 3/3/10 Email, #5 Exhibit (Ex. 4) Stern's Document Production, #6 Exhibit (Ex. 5) Mutual's Objections/Response to duces tecum, #7 Exhibit (Ex. 6) Stern Affidavit, #8 Exhibit (Ex. 7) Stern Dep., #9 Exhibit (Ex. 8) 5/28/02 Draft, #10 Exhibit (Ex. 9) Stern's 10/22/09 Expert Report, #11 Exhibit (Ex. 10) Tackett Dep., #12 Exhibit (Ex. 11) Salisbury Dep., #13 Exhibit (Ex. 12) Mockenhaupt 2008)(Cosgrove, Paul)
July 3, 2010 Filing 235 REFILED, See Doc. #238 . NOTICE of Reply to Defendant's Response Brief (Document Number 228) by Karen L. Bartlett. (Roberson, Eric) Modified on 7/13/2010 to add: REFILED, See Doc. #238 .(dae).
July 2, 2010 Filing 234 NOTICE of Supplemental Authority in Support of Mutual's Motion to Exclude P's Experts [Doc. 142] by Mutual Pharmaceutical Company, Inc.. (Attachments: #1 Exhibit A - 04/27/10 Order Excluding Plaintiff Expert from Trasylol Litigation)(Cosgrove, Paul)
June 29, 2010 Opinion or Order ENDORSED ORDER re #232 Notice of Intent to Move for Leave to File Reply to Defendant's Brief on Proximate Causation [Doc. 228]. Text of Order: Reply will be accepted no later than July 2, surreply, if any, due July 7. So Ordered by Judge Joseph N. Laplante. (jb)
June 23, 2010 Filing 233 NOTICE of Defendant's election not to file a reply brief in response to Document 229 for reasons of judicial economy by Mutual Pharmaceutical Company, Inc.. (Judge, Stephen)
June 18, 2010 Opinion or Order ENDORSED ORDER re #231 Notice of Intent to Reply to #146 Motion for Summary Judgment Reply limited to issues raised in plaintiff's 6/15/2010 brief [doc. 229]. Text of Order: Reply due on or before June 23. Surreply due June 28. So Ordered by Judge Joseph N. Laplante. (jb)
June 18, 2010 Filing 232 NOTICE of Intent to Move For Leave to File Reply to Defendant's Brief on Proximate Causation [Doc. 228] by Karen L. Bartlett. (Jensen, Keith)
June 18, 2010 Filing 231 Notice of Intent to Reply to Objection to #146 MOTION for Summary Judgment Reply limited to issues raised in plaintiff's 6/15/2010 brief [doc. 229]. Follow up on Reply on 7/6/2010. (Judge, Stephen)
June 16, 2010 Filing 230 MOTION to Strike Defense Expert Dr. Stern for Non-Production of His Own Manuscript Which Contradicts Mutual's Main Defense and Related Relief filed by Karen L. Bartlett. Follow up on Objection on 7/6/2010. (Attachments: #1 Memorandum of Law, #2 Exhibit Unproduced Stern Manuscript, #3 Exhibit April, 2002, Draft of 2003 Mockenhaupt-Stern Publication, #4 Exhibit 2003 Mockenhaupt-Stern Publication, #5 Exhibit Transcript 6.1.10 MSJ Hearings, #6 Exhibit Summons and Supoena for Dr. Stern's Deposition)(Jensen, Keith)
June 16, 2010 Opinion or Order ENDORSED ORDER granting #224 Motion for Leave to File Its Reply Memorandum in Support of Its Motions in Limine in Excess of 15 Pages (Assented). Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb)
June 16, 2010 Opinion or Order ENDORSED ORDER granting #216 Motion to Exceed Page Limit of Local Rule 7.1. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb)
June 16, 2010 Opinion or Order ENDORSED ORDER granting #219 Motion for Leave to File Overlength Objection to Plaintiff's Motions in Limine. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb)
June 15, 2010 Opinion or Order ENDORSED ORDER granting #226 Motion to Exceed Page Limit of Local Rule 7.1. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb)
June 15, 2010 Filing 229 NOTICE of Plaintiff's Brief Demonstrating That The Jury Need Not Conclude or Deliberate on Product Withdrawal To Return A Verdict For Strict Product Liability- Design Defect by Karen L. Bartlett. (Attachments: #1 Exhibit A NH Pattern Jury Instructions)(Jensen, Keith)
June 15, 2010 Filing 228 Memorandum Per Court's June 8, 2010, Directive for Additional Briefing by Mutual Pharmaceutical Company, Inc. (Cosgrove, Paul)
June 14, 2010 Filing 227 REPLY to Objection to Motion re #194 MOTION in Limine to Disallow Reference To Prior Complaint, A Former Plaintiff, Former Defendant and Dismissed Claims MIL 9, #188 MOTION in Limine to Exclude References To and Opinions Based on Collateral Sources and For Relief Regarding The Defense Life Care Planner Who Failed To Apply The Collateral Source Rule MIL 3, #196 MOTION in Limine to Disallow Argument or Reference on How Hard any Witness or Others Worked at the FDA, Any Reference To Defendant as a Good Company with Good People, Good Drugs or Good Acts MIL 11, #197 MOTION in Limine to Exclude Argument or Reference To The Impact of a Verdict for the Plaintiff on the Community, Insurance, The Drug Industry (Generic or Branded) or Drug Research MIL 12 , #185 MOTION in Limine to Disallow Reference To Generic Drugs and Lower Prices and Related Matters MIL 1, #195 MOTION in Limine to Exclude Reference or Argument Related To Lawyer's Fees, Incentives and Related Matters and for a Prospective Jury Panel Instructions Not To Conduct Internet Searches Regarding SJS MIL 10, #193 MOTION in Limine to Exclude Certain Testimony Regarding Chance and That Witnesses Have No Opinion or Critique of The Defendant's Actions or Inactions MIL 8, #200 MOTION in Limine to Disallow Reference to Karen Bartlett Not Reading the Professional Sulindac Label, Her Undesignated Opinions, Her Other Skin Reactions and Unrelated Prior Events and any Undesignated Opinion and The Lack of an Undesignated Opinion <, #192 MOTION in Limine to Exclude Questioning, Reference or Testimony Regarding What The FDA or It's Personnel "Want" MIL 7, #191 MOTION in Limine to Disallow Reference To Testimony By Dr. Tahsin Ergin Relating To Speculative Opinions Arising From Comments In An Unsigned Declaration and Other Information Related To These Matters MIL 6, #201 MOTION in Limine to Exclude Reference To Witnesses Not Called by the Plaintiff to Testify at Trial MIL 15, #189 MOTION in Limine to Certain Jury Instructions MIL 4, #186 MOTION in Limine to Disallow Reference to Gregory Bartlett's Criminal Arrests, Convictions, Incarcerations and Other Information Related to These Matters MIL 2, #190 MOTION in Limine to Disallow Reference To Matters Not Addressed By A Ruling on Plaintiff's Amended Motion To Exclude or Limit Expert Testimony [Doc.128] MIL 5 , #198 MOTION in Limine to Exclude Reference To The Health or Health Status of All Persons Other Than The Plaintiff MIL 13 filed by Karen L. Bartlett. (Jensen, Keith) Modified on 6/15/2010 to delete duplicate text. (dae).
June 14, 2010 Filing 226 Assented to MOTION to Exceed Page Limit of Local Rule 7.1 filed by Karen L. Bartlett. (Jensen, Keith)
June 14, 2010 Filing 225 REPLY to Objection to Motion re #205 MOTION in Limine (Mutual's Global Reply Memorandum in support of its Motions in Limine) filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
June 14, 2010 Filing 224 MOTION for Leave to File Its Reply Memorandum in Support of Its Motions in Limine in Excess of 15 Pages (Assented) filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 7/1/2010. (Cosgrove, Paul)
June 14, 2010 Filing 223 RESPONSE to Motion re #205 MOTION in Limine (In Replacement of Doc. 215 and Doc. 218 to Include Exhibits to Textually Identical Objection and Response in Opposition to Defendant's Motions in Limine) filed by Karen L. Bartlett. (Attachments: #1 Exhibit 1 2005 Sulindac Label, #2 Exhibit 2 Deposition of Robert Dettery, #3 Exhibit 3 Dr. Ergin Declaration, #4 Exhibit 4 Citizen Petition Response, #5 Exhibit 5 Dr. Tackett 2nd Supplemental Report, #6 Exhibit 6 Final Rule on Medication Guides, #7 Exhibit 7 3/13/02 Mockenhaupt SCAR Draft, #8 Exhibit 8 4/3/02 Mockenhaupt SCAR Draft, #9 Exhibit 9 2003 Mockenhaupt SCAR Final Article, #10 Exhibit 10 Objection to Inquiry, #11 Exhibit 11 Dr. Tackett Report, #12 Exhibit 12 Deposition of Andria Werynski, #13 Exhibit 13 Deposition of Dr. Sadrnoori, #14 Exhibit 14 Amended Dr. Stern Deposition Notice)(Jensen, Keith)
June 14, 2010 Opinion or Order ENDORSED ORDER denying #213 Motion to Strike #205 Motion in Limine Numbers 2 through 31 for Violations of the Local Rules. Text of Order: Denied for the reasons stated in the defendant's objection. So Ordered by Judge Joseph N. Laplante. (jb)
June 11, 2010 Filing 222 OBJECTION to #213 MOTION to Strike #205 Motion in Limine Numbers 2 Through 31 For Violations of the Local Rules filed by Mutual Pharmaceutical Company, Inc.. (Judge, Stephen)
June 10, 2010 Filing 221 TRANSCRIPT of Proceedings for Motion Hearing, Afternoon Session held on June 1, 2010. Court Reporter: Diane Churas, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 7/6/2010. Redacted Transcript Follow Up 7/15/2010. Release of Transcript Restriction set for 9/10/2010. (dae)
June 9, 2010 Filing 220 TRANSCRIPT of Proceedings for Motions Hearing/Morning Session held on June 1, 2010. Court Reporter: Susan Bateman, Telephone # 603-225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 7/6/2010. Redacted Transcript Follow Up 7/15/2010. Release of Transcript Restriction set for 9/10/2010. (dae)
June 8, 2010 Filing 219 Assented to MOTION for Leave to File Overlength Objection to Plaintiff's Motions in Limine filed by Mutual Pharmaceutical Company, Inc.. (Judge, Stephen)
June 8, 2010 Filing 218 REFILED, See #223. RESPONSE to Motion re #205 MOTION in Limine filed by Karen L. Bartlett. (Jensen, Keith) Modified on 6/15/2010 to add: REFILED, See #223. (dae).
June 8, 2010 Filing 217 NOTICE of Refiling of a Textually Identical Objection and Response in Opposition to Defendant's Motions in Limine by Karen L. Bartlett. (Jensen, Keith)
June 8, 2010 Filing 216 Assented to MOTION to Exceed Page Limit of Local Rule 7.1 filed by Karen L. Bartlett. (Jensen, Keith)
June 8, 2010 Filing 215 REFILED, See #223. RESPONSE to Motion re #205 MOTION in Limine filed by Karen L. Bartlett. (Attachments: #1 Exhibit 1 2005 Sulindac Label, #2 Exhibit 2 Deposition of Robert Dettery, #3 Exhibit 3 Dr. Ergin Declaration, #4 Exhibit 4 Citizen Petition Response, #5 Exhibit 5 Dr. Tackett 2nd Supplemental Report, #6 Exhibit 6 Final Rule on Medication Guides, #7 Exhibit 7 3/13/02 Mockenhaupt SCAR Draft, #8 Exhibit 8 4/3/02 Mockenhaupt SCAR Draft, #9 Exhibit 9 2003 Mockenhaupt SCAR Final Article, #10 Exhibit 10 Objection to Inquiry, #11 Exhibit 11 Dr. Tackett Report, #12 Exhibit 12 Deposition of Andria Werynski, #13 Exhibit 13 Deposition of Dr. Sadrnoori, #14 Exhibit 14 Amended Dr. Stern Deposition Notice)(Jensen, Keith) Modified on 6/15/2010 to add: REFILED, See #223. (dae).
June 8, 2010 Opinion or Order ENDORSED ORDER taking under advisement #146 Motion for Summary Judgment. Text of Order: On or before June 15, 2010, the parties shall brief the issue (15 page limit, not including exhibits or attachments) of proximate casuation with respect to the palintiff's still-pending "non-failure-to-warn" design defect claims, see Bartlett v. Mutual Pharmaceutical Co., Inc., 659 F. Supp. 2d 279, 291-92 (D.N.H. 2009), and specifically the issue of proximate causation with respect to the plaintiff's claim that the product was "defectively designed or manufactured,...not fit for its intended use, and without using due care in designing or testing it" such that the standard of care required the defendant "to refrain from distributing it at all." See id. So Ordered by Judge Joseph N. Laplante. (Laplante, Joseph)
June 7, 2010 Filing 214 RESPONSE to Motion re #194 MOTION in Limine to Disallow Reference To Prior Complaint, A Former Plaintiff, Former Defendant and Dismissed Claims MIL 9, #188 MOTION in Limine to Exclude References To and Opinions Based on Collateral Sources and For Relief Regarding The Defense Life Care Planner Who Failed To Apply The Collateral Source Rule MIL 3, #196 MOTION in Limine to Disallow Argument or Reference on How Hard any Witness or Others Worked at the FDA, Any Reference To Defendant as a Good Company with Good People, Good Drugs or Good Acts MIL 11, #197 MOTION in Limine to Exclude Argument or Reference To The Impact of a Verdict for the Plaintiff on the Community, Insurance, The Drug Industry (Generic or Branded) or Drug Research MIL 12 MOTION in Limine to Exclude Argument or Reference To The Impact of a Verdict for the Plaintiff on the Community, Insurance, The Drug Industry (Generic or Branded) or Drug Research MIL 12, #185 MOTION in Limine to Disallow Reference To Generic Drugs and Lower Prices and Related Matters MIL 1, #195 MOTION in Limine to Exclude Reference or Argument Related To Lawyer's Fees, Incentives and Related Matters and for a Prospective Jury Panel Instructions Not To Conduct Internet Searches Regarding SJS MIL 10, #193 MOTION in Limine to Exclude Certain Testimony Regarding Chance and That Witnesses Have No Opinion or Critique of The Defendant's Actions or Inactions MIL 8, #200 MOTION in Limine to Disallow Reference to Karen Bartlett Not Reading the Professional Sulindac Label, Her Undesignated Opinions, Her Other Skin Reactions and Unrelated Prior Events and any Undesignated Opinion and The Lack of an Undesignated Opinion 192 MOTION in Limine to Exclude Questioning, Reference or Testimony Regarding What The FDA or It's Personnel "Want" MIL 7, #191 MOTION in Limine to Disallow Reference To Testimony By Dr. Tahsin Ergin Relating To Speculative Opinions Arising From Comments In An Unsigned Declaration and Other Information Related To These Matters MIL 6, #201 MOTION in Limine to Exclude Reference To Witnesses Not Called by the Plaintiff to Testify at Trial MIL 15, #189 MOTION in Limine to Certain Jury Instructions MIL 4, #186 MOTION in Limine to Disallow Reference to Gregory Bartlett's Criminal Arrests, Convictions, Incarcerations and Other Information Related to These Matters MIL 2, #190 MOTION in Limine to Disallow Reference To Matters Not Addressed By A Ruling on Plaintiff's Amended Motion To Exclude or Limit Expert Testimony [Doc.128] MIL 5 MOTION in Limine to Disallow Reference To Matters Not Addressed By A Ruling on Plaintiff's Amended Motion To Exclude or Limit Expert Testimony [Doc.128] MIL 5, #198 MOTION in Limine to Exclude Reference To The Health or Health Status of All Persons Other Than The Plaintiff MIL 13 filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
June 7, 2010 Filing 213 MOTION to Strike #205 Motion in Limine Numbers 2 Through 31 For Violations of the Local Rules filed by Karen L. Bartlett. Follow up on Objection on 6/24/2010. (Jensen, Keith)
June 1, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 6/1/2010 re #131 MOTION for Summary Judgment, #146 MOTION for Summary Judgment, #145 MOTION for Summary Judgment Based on Federal Preemption. Order to issue. (Court Reporter: Susan Bateman/AM; Diane Churas/PM) (Pltfs Atty: Keith Jensen, Eric Roberson, Christine Craig) (Defts Atty: Stephen Judge, Paul Cosgrove, Joseph Thomas)(Total Hearing Time: 4 hours 5 minutes) (dae) Modified on 6/2/2010 to add: Order to issue. (dae).
May 28, 2010 Filing 212 NOTICE of Plaintiff's Objections to Witness List and Objections to Counter Designations of Deposition Testimony by Karen L. Bartlett. (Jensen, Keith)
May 28, 2010 Filing 211 DEPOSITION - Objection to Designation re: #180 Deposition Designation, #178 Deposition Designation, #206 Deposition Counter Designation,,, by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
May 28, 2010 Filing 210 Witness List Objections and Objections to Plaintiff's Exhibit List by Mutual Pharmaceutical Company, Inc.. (Attachments: #1 Exhibit D's Objections to P's Exhibit List)(Cosgrove, Paul)
May 28, 2010 Filing 209 NOTICE of Plaintiff's Objections to Mutual's Designated Exhibits by Karen L. Bartlett. (Jensen, Keith)
May 27, 2010 Filing 208 REPLY to Objection to Motion re #168 MOTION to Exclude or Limit Testimony of Messrs. Pollack, Morrison & Sporn and For Ruling on Deposition Objections filed by Karen L. Bartlett. (Jensen, Keith)
May 27, 2010 NOTICE of ECF Filing Error re: #207 MOTION for Eric Roberson to Appear Pro Hac Vice filed by Karen L. Bartlett. Consistent with ECF Administrative Procedures, affidavits prepared in the context of the litigation shall be filed in electronically converted PDF format and shall contain a /s/ signature for both the signator and the notary/jurat. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. (dae)
May 27, 2010 Opinion or Order ENDORSED ORDER granting #207 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Eric Roberson complete an online ECF Registration Form within 10 days. So Ordered by Judge Joseph N. Laplante. ECF Registration Deadline set for 6/10/2010. To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(jb)
May 26, 2010 Filing 207 MOTION for Eric Roberson to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-623392.) filed by Karen L. Bartlett. Follow up on Objection on 6/14/2010. (Attachments: #1 Exhibit (Affidavit))(Jensen, Keith)
May 26, 2010 Opinion or Order ENDORSED ORDER granting #204 Motion to Exceed Page Limit to File Motions in Limine in Excess of 15 Pages. Text of Order: Granted. Further, leave for a reply, due 5 days from the objection deadline and limited to issues raised in the objection, is also hereby granted. No surreply will be permitted. So Ordered by Judge Joseph N. Laplante. (jb)
May 26, 2010 Opinion or Order ENDORSED ORDER granting #187 Motion for Leave to File Motion in Limine No. 3 In Excess of 15 Pages. Text of Order: Granted. Leave for a reply, due 5 days from the objection deadline and limited to issues raised in the objection, is also hereby granted. No surreply will be permitted. So Ordered by Judge Joseph N. Laplante. (jb)
May 26, 2010 Opinion or Order ENDORSED ORDER re Motions in Limine (document nos. #185 , #186 , #188 , #189 , #190 , #191 , #192 , #193 , #194 , #195 , #196 , #197 , #198 , #200 , #201 , #205 ) and #199 Motion for Judicial Notice Under Rule 201. Text of Order: Leave for replies, due 5 days from the objection deadlines and limited to issues raised in the objections, is hereby granted. No surreplies will be permitted. Defendant may file a single objection to all motions in limine. So Ordered by Judge Joseph N. Laplante. (jb)
May 24, 2010 Filing 206 DEPOSITION Counter Designation to: #180 Deposition Designation by Mutual Pharmaceutical Company, Inc.. (Attachments: #1 Exhibit B-1: Bartlett, Greg (10_28_09)., #2 Exhibit B-2: Bartlett, Greg (2_17_2010)., #3 Exhibit B-3 - Chodosh, James, #4 Exhibit B-4: Dettery, Robert_1, #5 Exhibit B-5: Dettery, Robert_2, #6 Exhibit B-6: Dohlman, Claes, #7 Exhibit B-7: Ergin, Tahsin, #8 Exhibit B-8: Goldberg, Richard, #9 Exhibit B-9: Hayer, Gregory, #10 Exhibit B-10: Kim, Nam, #11 Exhibit B-11: Lane, Leo, #12 Exhibit B-12: Mailhot, Lynda, #13 Exhibit B-13: Mello, Karen, #14 Exhibit B-14: Padulo, Rebecca., #15 Exhibit B-15: Ryan, Colleen, #16 Exhibit B-16: Sadrnoori, Bijan, #17 Exhibit B-17: Schultz, John, #18 Exhibit B-18: Selig, Yookyung, #19 Exhibit B-19: Sporn, Douglas, #20 Exhibit B-20: Stein, Joel, #21 Exhibit B-21: Werynski, Andrea_1, #22 Exhibit B-22: Werynski, Andrea_2, #23 Exhibit B-23: Wolpowitz, Dean)(Cosgrove, Paul)
May 24, 2010 Filing 205 MOTION in Limine filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 6/10/2010. (Cosgrove, Paul)
May 24, 2010 Filing 204 Assented to MOTION to Exceed Page Limit to File Motions in Limine in Excess of 15 Pages filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
May 24, 2010 Filing 203 Exhibit s 17 through 34 to #199 MOTION Motion for Judicial Notice Under Rule 201 of the Federal Rules of Evidence by Mutual Pharmaceutical Company, Inc.. (Attachments: #1 Exhibit 18 - Douglas Sporn 12-24-96, #2 Exhibit 19 - FDA #18-90, #3 Exhibit 20 - Guidance for Industry June 2002, #4 Exhibit 21 - 44 Fed Reg 37434, #5 Exhibit 22 -MAPP 6020.10, #6 Exhibit 23 - 63 Fed Reg 66396, #7 Exhibit 24 - ANDA Checklist, #8 Exhibit 25 - FDA Ensures Equivalence of Generic Drugs, #9 Exhibit 26 - FDA Guidance - Proposed - Postmarketing Surviellance, #10 Exhibit 27 - FDA PowerPoint on Generic Drugs, #11 Exhibit 28 - FDA-Approved Bargain Drugs Generic Products, #12 Exhibit 29 - Greater Access to Generic Drugs, #13 Exhibit 30 - MAPP 5240.8, #14 Exhibit 31 - MAPP 6700.4, #15 Exhibit 32 - Weaver Powerpoint, #16 Exhibit 33-1 - GAO Report, #17 Exhibit 33-2 - GAO Report, #18 Exhibit 34 - www.FDA.gov and docs)(Cosgrove, Paul)
May 24, 2010 Filing 202 Objection to #178 Deposition Designation and Counter Designations filed by Karen L. Bartlett. (Jensen, Keith)
May 24, 2010 Filing 201 MOTION in Limine to Exclude Reference To Witnesses Not Called by the Plaintiff to Testify at Trial MIL 15 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: #1 Memorandum of Law re MIL 15: Exclude Ref to Witnesses not called by PL to testify at Trial, #2 Exhibit A Munroe v Barr Lab 3.12.10)(Jensen, Keith)
May 24, 2010 Filing 200 MOTION in Limine to Disallow Reference to Karen Bartlett Not Reading the Professional Sulindac Label, Her Undesignated Opinions, Her Other Skin Reactions and Unrelated Prior Events and any Undesignated Opinion and The Lack of an Undesignated Opinion MIL 14 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: #1 Memorandum of Law re MIL 14: Disallow Ref to Karen Bartlett Not Reading the Professional Sulindac Label, #2 Exhibit A Bartlett, Karen, #3 Exhibit B Padulo, Rebecca 10.13.09, #4 Exhibit C Selig, Yookyung 10.1.09, #5 Exhibit D Stein, Joel 8.6.06, #6 Exhibit E Bartlett, Greg 2010 #2 Trial Preservation)(Jensen, Keith)
May 24, 2010 Filing 199 MOTION Motion for Judicial Notice Under Rule 201 of the Federal Rules of Evidence filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 6/10/2010. (Attachments: #1 Exhibit (Affidavit) Declaration of Cosgrove, #2 Exhibit 1 - Sulindac label, #3 Exhibit 2 - P.L. 98-417, #4 Exhibit 3-1 - New Drug Application, #5 Exhibit 3-2 - New Drug Application, #6 Exhibit 4-1 - Drug Price Competition 9-6-84, #7 Exhibit 4-2 - Drug Price Compeition 9-6-84, #8 Exhibit 5 - Drug Price Compeition 9-12-84, #9 Exhibit 6 - 57 Fed Reg 17950, #10 Exhibit 7 - 48 Fed Reg 2751, #11 Exhibit 8 - 21 CFR 201.57, #12 Exhibit 9-1 - 65 Fed Reg 81082, #13 Exhibit 9-2 - 65 Fed Reg 81082, #14 Exhibit 10-1 - 54 Fed. Reg. 28872, #15 Exhibit 10-2 - 54 Fed. Reg. 28872, #16 Exhibit 10-3 - 54 Fed. Reg. 28872, #17 Exhibit 11 - Guidance for Industry Nov. 1999, #18 Exhibit 12 - Guidance for Industry May 2000, #19 Exhibit 13 - 30 Fed Reg 993, #20 Exhibit 14 - Changes in Labeling #8-89, #21 Exhibit 15 - Guidance for Industry Rev 1 April 2004, #22 Exhibit 16 - FDA's CDER Handbook)(Cosgrove, Paul)
May 24, 2010 Filing 198 MOTION in Limine to Exclude Reference To The Health or Health Status of All Persons Other Than The Plaintiff MIL 13 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: #1 Memorandum of Law re MIL 13: Exclude Ref to the Health or Health Status, #2 Exhibit A Duffy depo)(Jensen, Keith)
May 24, 2010 Filing 197 MOTION in Limine to Exclude Argument or Reference To The Impact of a Verdict for the Plaintiff on the Community, Insurance, The Drug Industry (Generic or Branded) or Drug Research MIL 12 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: #1 Memorandum of Law re MIL 12: Exclude Argument or Ref to Impact of a Verdict)(Jensen, Keith)
May 24, 2010 Filing 196 MOTION in Limine to Disallow Argument or Reference on How Hard any Witness or Others Worked at the FDA, Any Reference To Defendant as a Good Company with Good People, Good Drugs or Good Acts MIL 11 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: #1 Memorandum of Law re MIL 11: Disallow Argument or Ref Hard Work at FDA, #2 Exhibit A Ehhreich Dep 2 4 10, #3 Exhibit B Munroe v Barr Lab 3.12.2010)(Jensen, Keith)
May 24, 2010 Filing 195 MOTION in Limine to Exclude Reference or Argument Related To Lawyer's Fees, Incentives and Related Matters and for a Prospective Jury Panel Instructions Not To Conduct Internet Searches Regarding SJS MIL 10 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: #1 Memorandum of Law re MIL 10: Exclude Ref or Argument Relates to Lawyer's Fees, Incentatives and Related Matters, #2 Exhibit A SJS Foundatin Homepage 5 15 10, #3 Exhibit B Bartlett Karen depo)(Jensen, Keith)
May 24, 2010 Filing 194 MOTION in Limine to Disallow Reference To Prior Complaint, A Former Plaintiff, Former Defendant and Dismissed Claims MIL 9 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: #1 Memorandum of Law re MIL 9: Disallow Ref to Prior Complaint. frmr PL, frmr D and Dismissed Claim, #2 Exhibit A Comp 1.9.08)(Jensen, Keith)
May 24, 2010 Filing 193 MOTION in Limine to Exclude Certain Testimony Regarding Chance and That Witnesses Have No Opinion or Critique of The Defendant's Actions or Inactions MIL 8 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: #1 Memorandum of Law re MIL 8: Exclude Certain Testimony RE Chance)(Jensen, Keith)
May 24, 2010 Filing 192 MOTION in Limine to Exclude Questioning, Reference or Testimony Regarding What The FDA or It's Personnel "Want" MIL 7 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: #1 Memorandum of Law re MIL 7: Exclude Questioning Ref or Testimony re What FDA wants, #2 Exhibit A Tackett, Randell Vol 1 11 11 09)(Jensen, Keith)
May 24, 2010 Filing 191 MOTION in Limine to Disallow Reference To Testimony By Dr. Tahsin Ergin Relating To Speculative Opinions Arising From Comments In An Unsigned Declaration and Other Information Related To These Matters MIL 6 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: #1 Memorandum of Law re MIL 6: Disallow Ref Testimony by Dr. Ergin, #2 Exhibit A Ergin Declaration, #3 Exhibit B Def Ex D1, #4 Exhibit C Ergin Dep 8.11.09)(Jensen, Keith)
May 24, 2010 Filing 190 MOTION in Limine to Disallow Reference To Matters Not Addressed By A Ruling on Plaintiff's Amended Motion To Exclude or Limit Expert Testimony [Doc.128] MIL 5 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: #1 Memorandum of Law re MIL 5: Disallow Ref To Matters Not Addressed by Ruling M2Exclude or Limit Expert Testimony, #2 Exhibit A Memo-Amended M2 Excl or Limit Doc 128-1, #3 Exhibit B Reply in Sup of Amen M2 Excl Doc 151)(Jensen, Keith)
May 24, 2010 Filing 189 MOTION in Limine to Certain Jury Instructions MIL 4 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: #1 Memorandum of Law re MIL 4:Certain Jury Instructions)(Jensen, Keith)
May 24, 2010 Filing 188 MOTION in Limine to Exclude References To and Opinions Based on Collateral Sources and For Relief Regarding The Defense Life Care Planner Who Failed To Apply The Collateral Source Rule MIL 3 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: #1 Memorandum of Law re 3: Exclude Ref To and Opinions Based in Collateral Sources, #2 Exhibit A Goldberg Note KB3494-3495 7.24.09, #3 Exhibit B Hyland Depo 10.18.09, #4 Exhibit C Hyland Life Care Plan (for Karen Bartlett), #5 Exhibit D Mattson Depo 12.21.09, #6 Exhibit E Mattson Life Care Plan (for Karen Bartlett), #7 Exhibit F Greg Bartlett Dep 10.28.09, #8 Exhibit G Greg Bartlett Dep 2.17.10, #9 Exhibit H Fort Dearborn Ins. Co.'s Denial Letter, #10 Exhibit I VA Chrono Chart with surgeries 9 9 09)(Jensen, Keith)
May 24, 2010 Filing 187 Assented to MOTION for Leave to File Motion in Limine No. 3 In Excess of 15 Pages filed by Karen L. Bartlett. (Jensen, Keith)
May 24, 2010 Filing 186 MOTION in Limine to Disallow Reference to Gregory Bartlett's Criminal Arrests, Convictions, Incarcerations and Other Information Related to These Matters MIL 2 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: #1 Memorandum of Law re MIL 2: Disallow Ref to Greg Bartlett's Criminal Arrests, #2 Exhibit A Bartlett, Greg 2009.10.28, #3 Exhibit B Bartlett, Greg 2010 #1 Discovery, #4 Exhibit C Bartlett, Greg 2010 #2 Trial Preservation)(Jensen, Keith)
May 24, 2010 Filing 185 MOTION in Limine to Disallow Reference To Generic Drugs and Lower Prices and Related Matters MIL 1 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: #1 Memorandum of Law re MIL 1: Disallow Ref to Generic Drugs, #2 Exhibit A Ehrreich, Stewart, #3 Exhibit B Ergin, Tashin 8.11.09, #4 Exhibit C Morrison Expert Testimony for Joe Thomas)(Jensen, Keith)
May 24, 2010 Filing 184 NOTICE of Index of Plaintiff's Motions in Limine by Karen L. Bartlett. (Jensen, Keith)
May 21, 2010 Opinion or Order ENDORSED ORDER re #183 Notice of Forthcoming Motion for Leave of Court to file Reply to #168 MOTION to Exclude or Limit Testimony of Messrs. Pollack, Morrison & Sporn and For Ruling on Deposition Objections. Reply Briefs due 5/27/2010. Follow up on Surreply on 6/3/2010. Text of Order: In response to the notice of intent to reply provided May 19 by the plaintiff, the court will accept the reply, limited to issues raised in the objection, no later than May 27, and grants leave to file (but does not require) a surreply, limited to issues and arguments advanced in the reply, to be filed no later than June 3. The intent of the expedited schedule is, for the sake of the parties and counsel, to enable a decision on the motion further in advance of trial. So ordered. Signed by Judge Joseph N. Laplante. (dae)
May 19, 2010 Filing 183 NOTICE of Forthcoming Motion for Leave of Court to File Reply by Karen L. Bartlett. (Jensen, Keith)
May 18, 2010 Filing 182 Witness List by Karen L. Bartlett. (Jensen, Keith)
May 18, 2010 Filing 181 NOTICE of Exhibit List by Karen L. Bartlett. (Attachments: #1 Exhibit Exhibit List)(Jensen, Keith)
May 18, 2010 Opinion or Order ENDORSED ORDER granting #174 Motion to Continue Motions Hearing. Text of Order: Granted. While the court perceives no risk of a trial continuance based on this hearing continuance, counsel should not assume that this order, or that the plaintiff's "Conditional assent" create any "law of the case" with respect to scheduling or anything else. So Ordered by Judge Joseph N. Laplante. Motions Hearing reset for 6/1/2010 10:00 AM before Judge Joseph N. Laplante. (dae)
May 18, 2010 Opinion or Order ///ENDORSED ORDER granting #164 Motion to Dismiss Claims Against United Research Laboratories, Inc. and Claims for Breach of Express and Implied Warrant Against Mutual Pharmaceutical Company, Inc. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (dae)
May 17, 2010 Filing 180 DEPOSITION Designation by Karen L. Bartlett. (Attachments: #1 Exhibit Deposition Designations)(Jensen, Keith)
May 17, 2010 Filing 179 Witness List filed pursuant to May 3, 2010 Court Order by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul)
May 17, 2010 Filing 178 DEPOSITION Designation by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
May 17, 2010 Filing 177 Exhibit List by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul)
May 17, 2010 Filing 176 RESPONSE to Motion re #164 MOTION to Dismiss Claims Against United Research Laboratories, Inc. and Claims For Breach of Express and Implied Warranty Against Mutual Pharmaceutical Company, Inc. filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul)
May 17, 2010 Filing 175 RESPONSE to Motion re #168 MOTION to Exclude or Limit Testimony of Messrs. Pollack, Morrison & Sporn and For Ruling on Deposition Objections filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul)
May 17, 2010 Opinion or Order ENDORSED ORDER granting #173 Motion for Leave to File Overlength Reply in Further Support of Defendants' Motion for Summary Judgment. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb)
May 14, 2010 Filing 174 Partially Assented to MOTION to Continue Motion Hearing of May 25, 2010 to June 1, 2010 filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 6/1/2010. (Judge, Stephen)
May 12, 2010 Filing 173 Assented to MOTION for Leave to File Overlength Reply in Further Support of Defendants' Motion for Summary Judgment filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul)
May 12, 2010 Opinion or Order ENDORSED ORDER granting #160 Motion to Excuse Plaintiff and Request for Leave regarding Late Refiling of Plaintiff's Reply in Support of her Amended Motion to Exclude or Limit Expert Testimony. Text of Order: Granted pursuant to Local Rule 7.1(b), as there is no objection. So Ordered by Judge Joseph N. Laplante. (jb)
May 11, 2010 Filing 172 MEMORANDUM in Support re #146 MOTION for Summary Judgment (Reply) filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul)
May 10, 2010 NOTICE re: #128 Amended MOTION to Exclude Or Limit Expert Testimony, #131 MOTION for Summary Judgment, #142 MOTION to Exclude Testimony of Plaintiff's Expert Witnesses, #145 MOTION for Summary Judgment Based on Federal Preemption, #146 MOTION for Summary Judgment. Motions Hearing set for 5/25/2010 10:30 AM before Judge Joseph N. Laplante. (dae)
May 4, 2010 Opinion or Order SEE CORRECTED ENTRY THIS DATE. ENDORSED ORDER re #171 Notice of Intent to Reply to Objection to #146 Motion for Summary Judgment, #145 Motion for Summary Judgment Based on Federal Preemption. Text of Order: The defendant is directed not to file a reply; no reply will be allowed or accepted by the court on this motion. So Ordered by Judge Joseph N. Laplante. (jb) Modified on 5/5/2010 to add: SEE CORRECTED ENTRY THIS DATE.(jb).
May 4, 2010 Opinion or Order CORRECTED ENDORSED ORDER re #171 Notice of Intent to Reply to Objection to #146 Motion for Summary Judgment, #145 Motion for Summary Judgment Based on Federal Preemption. Text of Order: The defendant is directed not to file a reply with respect to the preeemption-based summary judgment motion (doc #145); no reply will be allowed or accepted by the court on that motion. As to the other summary judgment motion (doc #146), the court will accept the reply no later than May 11, and grants leave to file (but does not require) a surreply, limited to issues and arguments advanced in the reply, to be filed no later than May 18. The intent of the expedited schedule is, for the sake of the parties and counsel, to enable a decision on the motion further in advance of trial. So Ordered by Judge Joseph N. Laplante. (jb)
May 4, 2010 Opinion or Order ENDORSED ORDER granting #163 Motion to Exceed Page Limit to File Objection and Response to Defendants' Motion for Summary Judgment. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb)
May 4, 2010 Opinion or Order ENDORSED ORDER granting #165 Motion for Leave to File Overlength Surreply to Plaintiff's Motion for Partial Summary Judgment. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb)
May 3, 2010 Filing 171 Notice of Intent to Reply to Objection to #146 MOTION for Summary Judgment, #145 MOTION for Summary Judgment Based on Federal Preemption. Follow up on Reply on 5/20/2010. (Cosgrove, Paul)
May 3, 2010 Opinion or Order Filing 170 SCHEDULING ORDER : Exhibit List/Witness List etc. due by 5/17/2010. Motions in Limine, etc. due 5/24/2010; Objections to motions 6/7/2010. Objections to exhibit/witness list etc. 5/28/2010. Pretrial Statements and Jury Instructions due 7/12/2010. Final Pretrial Conference set for 8/2/2010 04:00 PM before Judge Joseph N. Laplante. Jury Selection and Trial set for 8/16/2010 09:30 AM before Judge Joseph N. Laplante. Signed by Judge Joseph N. Laplante. (dae)
April 30, 2010 Opinion or Order ENDORSED ORDER granting #162 Motion to Exceed Page Limits to File Objection and Response to Defendants' Motion for Summary Judgment Based on Federal Preemption. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb)
April 30, 2010 Filing 169 OBJECTION to #145 MOTION for Summary Judgment Based on Federal Preemption and Memorandum in Support Thereof filed by Karen L. Bartlett. (Attachments: #1 Exhibit (Affidavit) Declaration of Keith M. Jensen, #2 Exhibit A Pollock Ps Obj's to Dep Testimony, #3 Exhibit B Morrison Ps Obj's to Dep Testimony, #4 Exhibit C Sporn Ps Obj's to Dep Testimony, #5 Exhibit D Dettery Robert Combined, #6 Exhibit E Publication - Label May Differ, #7 Exhibit F Dr. Charles Hoppes FDA 5.08, #8 Exhibit G Second Suppl Rep Tackett, #9 Exhibit H Tackett, Ph.D Randall Vol 1 2.23.10)(Jensen, Keith)
April 30, 2010 Filing 168 MOTION to Exclude or Limit Testimony of Messrs. Pollack, Morrison & Sporn and For Ruling on Deposition Objections filed by Karen L. Bartlett. Follow up on Objection on 5/17/2010. (Attachments: #1 Memorandum of Law In Support of PL M2Exclude, #2 Exhibit 1 Def 9.2.09 Disclosures, #3 Exhibit 2 M2Q FW's Doc 66 9.4.09, #4 Exhibit 3 Def Disc & ID of Ex & Reps 10.22.09, #5 Exhibit 4 Dep Pollock, #6 Exhibit 4A Pollock Ps Obj's to Depo Testimony, #7 Exhibit 5 Dep Morrison, #8 Exhibit 5A Morrison Ps Obj's to Dep Testimony, #9 Exhibit 6 Dep Sporn, #10 Exhibit 6A Sporn Ps Obj's to Dep Testimony, #11 Exhibit 7 2008.12.8 Pollock Sulindac CitPet, #12 Exhibit 8 Pollock Designation & Report Part 1, #13 Exhibit 8 Pollock Designation & Report Part 2, #14 Exhibit 9 Morrison Expert Trial Testimony, #15 Exhibit 10 Morrison Desig and Report Excerpts Part 1, #16 Exhibit 10 Morrison Desig and Report Excerpts Part 2, #17 Exhibit 11 Order Excluding Waymack, #18 Exhibit 12 Ps M2 Excl Waymack, #19 Exhibit 13 Dep Waymack, #20 Exhibit 14 Waymack Report, #21 Exhibit 15 Ds Res to M2 Exclu Waymack)(Jensen, Keith)
April 30, 2010 Filing 167 OBJECTION to #146 MOTION for Summary Judgment and Memorandum in Support filed by Karen L. Bartlett. (Attachments: #1 Exhibit (Affidavit) Declaration of Keith M. Jensen, #2 Exhibit 1 Dep Ergin, Tahsin 8.11.09, #3 Exhibit 2 Ergin signed Declaration 5.26.09, #4 Exhibit 3 Ergin unsigned draft declaration, #5 Exhibit 4 EuroScar NSAIDS & SJS-TEN, #6 Exhibit 5 Fitpatrick's on Derm Aspirin, #7 Exhibit 6 Dep of Valuck Robert, #8 Exhibit 7 Tackett Randall Report, #9 Exhibit 8 Salisbury Report and CV, #10 Exhibit 9 Tackett R Vol1 and Vol2, #11 Exhibit 10 Dep of Salisbury R, #12 Exhibit 11 Dep of Stern, Robert, #13 Exhibit 12 Dep of Schulz, John, #14 Exhibit 13 Dep of Ryan, Colleen, #15 Exhibit 14 Dep of Kim, Nam, #16 Exhibit 15 Schulz TEN is a medication induced, #17 Exhibit 16 50% TEN survivors disabling eye lesions, #18 Exhibit 17 Dibenedetto-Ergin 11.09, #19 Exhibit 18 Ergin Dep - 2002 Sulindac label, #20 Exhibit 19 Clinoril Label SE 51 Part 1, #21 Exhibit 19 Clinoril Label SE 51 Part 2, #22 Exhibit 19 Clinoril Label SE 51 Part 3, #23 Exhibit 20 Dettery Robert Combined, #24 Exhibit 21 Second Supplemental Report of Randall Tackett, Ph.D., #25 Exhibit 22 Tackett, Ph.D., Randall Vol 1 2.23.10, #26 Exhibit 23 P 1st Am Complaint, #27 Exhibit 24 Bartlett Photos Part 1, #28 Exhibit 24 Bartlett Photos Part 2, #29 Exhibit 25 Dep of Bartlett, Greg 2, #30 Exhibit 26 Dep of Mattson, Jane, #31 Exhibit 27 Dep of Chodosh, James, #32 Exhibit 28 Exh 50 Ergin, #33 Exhibit 28-1, #34 Exhibit 28-2, #35 Exhibit 28-3, #36 Exhibit 28-4, #37 Exhibit 28-5, #38 Exhibit 28-6, #39 Exhibit 28-7, #40 Exhibit 28-8, #41 Exhibit 28-9, #42 Exhibit 28-11, #43 Exhibit 28-12, #44 Exhibit 28-13, #45 Exhibit 28-14, #46 Exhibit 28-15, #47 Exhibit 29 1996 Cutaneous Med-Surgery, #48 Exhibit 30 Bartlett Karen, #49 Exhibit 31 Deps Werynski Combined, #50 Exhibit 33 Goldberg, Richard 10.28.09, #51 Exhibit 34 Pondimin PDR 1996)(Jensen, Keith)
April 30, 2010 Filing 166 SURREPLY to Reply to #131 MOTION for Summary Judgment filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit (Affidavit) Declaration of P. Cosgrove in Support of Surreply, #2 Exhibit Exhibit 1: Email from B. Ballew, Esq. to P. Cosgrove, Esq., #3 Exhibit Exhibit 2: Excerpts of the Deposition of Plaintiff K. Bartlett)(Cosgrove, Paul)
April 30, 2010 Filing 165 Assented to MOTION for Leave to File Overlength Surreply to Plaintiff's Motion for Partial Summary Judgment filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul)
April 30, 2010 Filing 164 MOTION to Dismiss Claims Against United Research Laboratories, Inc. and Claims For Breach of Express and Implied Warranty Against Mutual Pharmaceutical Company, Inc. filed by Karen L. Bartlett. Follow up on Objection on 5/17/2010. (Jensen, Keith)
April 28, 2010 Final Pretrial Conference RESCHEDULED for 8/2/2010 at 04:00 PM (instead of 10:00am) before Judge Joseph N. Laplante. (cmp)
April 27, 2010 TRIAL NOTICE: Pretrial Statements due 7/12/2010. LR 16.2(d) Objections due 7/26/10. Final Pretrial Conference set for 8/2/2010 10:00 AM before Judge Joseph N. Laplante. Jury Selection and Trial set for 8/16/2010 09:30 AM before Judge Joseph N. Laplante. (dae)
April 23, 2010 Filing 163 Assented to MOTION to Exceed Page Limit to File Objection and Response to Defendants' Motion for Summary Judgment filed by Karen L. Bartlett. (Jensen, Keith)
April 23, 2010 Filing 162 Assented to MOTION to Exceed Page Limits to File Objection and Response to Defendants' Motion for Summary Judgment Based on Federal Preemption filed by Karen L. Bartlett. (Jensen, Keith)
April 22, 2010 Opinion or Order Filing 161 ORDER re continuance of final pretrial, trial and related deadlines. Signed by Judge Joseph N. Laplante. (dae)
April 21, 2010 Filing 160 MOTION to Excuse Plaintiff and Request for Leave regarding Late Refiling of Plaintiff's Reply in Support of her Amended Motion to Exclude or Limit Expert Testimony filed by Karen L. Bartlett. Follow up on Objection on 5/10/2010. (Attachments: #1 Exhibit (Affidavit) Declaration of Keith Jensen)(Jensen, Keith)
April 20, 2010 Corrective Entry to #142 MOTION to Exclude Testimony of Plaintiff's Expert Witnesses AND #143 Sealed Document - Exhibit 4 in support of Doc. #142 . Entry 142 corrected to take out "Certain exhibits maintained conventionally in Clerks Office" as the exhibit being filed conventionally was added to the docket as Doc. #143 . Doc. 143 corrected to indicate: Document is not sealed, it is a public exhibit that is part of Doc. #142 . (dae)
April 19, 2010 Opinion or Order ENDORSED ORDER granting #144 Motion to Exceed L.R. 7.1 Page limitation for Defendants' Separate Summary Judgment Motion Based on Federal Preemption. Text of Order: Granted pursuant to Local Rule 7.1(b), as there is no objection. So Ordered by Judge Joseph N. Laplante. (jb)
April 14, 2010 Filing 159 Notice of Intent to Surreply to Reply to to Defendants' Objection to Plaintiff's Partial Summary Judgment Motion. Surreply Follow Up on 5/3/2010. (Cosgrove, Paul)
April 13, 2010 Filing 158 REPLY to Objection to Motion re #131 MOTION for Summary Judgment filed by Karen L. Bartlett. (Attachments: #1 Exhibit A FDA Response to Salisbury - Tackett Cit pet, #2 Exhibit B 41 356h 200mg Signed forms thru 8.04 Part 1, #3 Exhibit B 41 356h 200mg Signed forms thru 8.04 Part 2, #4 Exhibit C Ergin signed Declaration 5.26.09, #5 Exhibit D Ergin unsigned draft declarations Part 1, #6 Exhibit D Ergin unsigned draft declarations Part 2, #7 Exhibit E Email w. Bottle & Pill Pics)(Jensen, Keith)
April 13, 2010 Opinion or Order ENDORSED ORDER granting #138 Motion to Exceed Page Limits Per L.R. 7.1 in connection with Objection and Response to Plaintiff's Motion to Limit Defendants' Expert Witnesses. Text of Order: Granted pursuant to Local Rule 7.1(b), as there is no objection. So Ordered by Judge Joseph N. Laplante. (jb)
April 13, 2010 Opinion or Order ENDORSED ORDER granting #141 Motion to Exceed Page Limitation in L.R. 7.1(a) for Defendants' Global Motion to Exclude Plaintiff's Expert Witnesses. Text of Order: Granted pursuant to Local Rule 7.1(b), as there is no objection. So Ordered by Judge Joseph N. Laplante. (jb)
April 13, 2010 Opinion or Order ENDORSED ORDER granting #156 Motion to Exceed LR 7.1 Page Limit. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb)
April 12, 2010 Filing 157 MEMORANDUM re #142 MOTION to Exclude Testimony of Plaintiff's Expert Witnesses Plaintiff's Objection and Response filed by Karen L. Bartlett. (Attachments: #1 Exhibit 1 2.4.05 MGH Burn Diagram 42% TEN, #2 Exhibit 2 Ojikutu Pages, #3 Exhibit 3 Dep of Ryan, Colleen, #4 Exhibit 4 Dep of Kim, Nam, #5 Exhibit 5 Stern, Robert 2.15.10, #6 Exhibit 6 Schulz, John 10.12.09, #7 Exhibit 7 Schulz CV, #8 Exhibit 8 4.14.05 MGH DC Summary, #9 Exhibit 9 Cz MGH Discharge Sum #2 Schulz-Sulindac, #10 Exhibit 10 4.27.05 Spaulding DC Summ, #11 Exhibit 11 Dr. Leo Lane 10.03.05, #12 Exhibit 12 10.6.05 Schulz Consult, #13 Exhibit 13 Dep of Sadrnoori, B, #14 Exhibit 14A Skin Graft and Pain Quotes, #15 Exhibit 14B Skin Graft and Pain Quotes, #16 Exhibit 14C Skin Graft and Pain Quotes, #17 Exhibit 14D Skin Graft and Pain Quotes, #18 Exhibit 14E Skin Graft and Pain Quotes, #19 Exhibit 14F Skin Graft and Pain Quotes, #20 Exhibit 15A MGH Pain Meds, #21 Exhibit 15B MGH Pain Meds, #22 Exhibit 15C MGH Pain Meds, #23 Exhibit 15D MGH Pain Meds, #24 Exhibit 16 Tackett Objections sv'd 11.11.09, #25 Exhibit 17 Salisbury Dep Obj's sv'd 11.15.09, #26 Exhibit 18 Dep of Tackett R 11.09, #27 Exhibit 19 Dep of Salisbury R, #28 Exhibit 20 Citizen's Pet 2 05, #29 Exhibit 21 Bextra Health Canada Filing, #30 Exhibit 22 Dep of Tackett R 2.23.10, #31 Exhibit 23 FDA Resp to Cit Pet 6.22.06, #32 Exhibit 24 Lofton on Tackett & Salisbury, #33 Exhibit 25 Tackett, Randall Report and CV, #34 Exhibit 26 Order Denying Daubert re Dr. Salisbury, #35 Exhibit 27A Robinson case Daubert Mot re Salisbury, #36 Exhibit 27B Robinson case Daubert Mot re Salisbury, #37 Exhibit 28A Salisbury Report and CV, #38 Exhibit 28B Salisbury Report and CV, #39 Exhibit 29 Dore- Salisbury '07, #40 Exhibit 30 Robinson Case - Salisbury Depo, #41 Exhibit 31 Dep of Valluck, R, #42 Exhibit 32 Dep of Dettery Robert V1 8.28.09, #43 Exhibit 33 Order Denying Daubert re Dr. Tackett, #44 Exhibit 34 Disclosures & Iden of Spec & Generic, #45 Exhibit 35 Disclosures Supp 10.1.09, #46 Exhibit 36 Declaration Keith Jensen, #47 Exhibit 37 12.30.04 Ergin visit, #48 Exhibit 38 2.2.05 Caritas ID Consult, #49 Exhibit 39 Dep of Mello, Karen 8.20.09, #50 Exhibit 40 Schulz 10 Yr Exp with TEN, #51 Exhibit 41 Dep of Dohlman, C 9.10.09, #52 Exhibit 42 Dep Chodosh, J 9.10.09, #53 Exhibit 43 FDA rec to pull Bextra frm market, #54 Exhibit 44 Mocken SCARstdygrp Sulin most cases SJS TEN, #55 Exhibit 45 Eye surgeries as of Sept 07.09, #56 Exhibit 46 Dep of Mattson Jane)(Jensen, Keith)
April 12, 2010 Filing 156 Assented to MOTION to Exceed LR 7.1 Page Limit filed by Karen L. Bartlett. (Jensen, Keith)
April 12, 2010 Filing 155 Assented to MOTION for Leave to File Overlength Reply filed by Karen L. Bartlett. (Attachments: #1 Exhibit A FDA Response to Salibury Tackett, #2 Exhibit B 41 356h-200mg Signed Forms thru 8.04 Part 1, #3 Exhibit B 41 356h-200mg Signed Forms thru 8.04 Part 2, #4 Exhibit C Ergin Signed Declaration 5.26.09, #5 Exhibit D Ergin unsigned draft declaration Part 1, #6 Exhibit D Ergin unsigned draft declaration Part 2, #7 Exhibit E Email w. Bottle & Pill Pics)(Jensen, Keith)
April 12, 2010 Opinion or Order ENDORSED ORDER granting #155 Motion for Leave to File Overlength Reply. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Joseph N. Laplante. (jb)
April 8, 2010 Opinion or Order Filing 154 ORDER - clerk to remove case from the June trial calendar. Counsel to confer on a new trial date after 8/1/10. Notice of Compliance Deadline set for 4/29/2010. Signed by Judge Joseph N. Laplante. (dae)
April 8, 2010 Deadlines terminated : Pretrial Material, Final Pretrial and Trial deadlines; to be rescheduled (dae)
April 7, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 4/7/2010. (Pltfs Atty: Keith Jensen, Bryan Ballew, Timothy Beaupre) (Defts Atty: Joseph Thomas, Stephen Judge)(Total Hearing Time: 38 minutes) (dae)
April 6, 2010 Filing 153 SURREPLY to Reply to #128 Amended MOTION to Exclude Or Limit Expert Testimony filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul)
April 5, 2010 Filing 152 NOTICE of Supplemental Authority in Support of Ps Amended Motion To Exclude or Limit Expert Testimony by Karen L. Bartlett. (Attachments: #1 Exhibit Order Excluding Former FDA Officer, #2 Exhibit Ps M2 Exclude Fmr FDA Officer, #3 Exhibit Former FDA Officer Dep., #4 Exhibit Former FDA Officer Rep., #5 Exhibit Ds Resp to Ps Mot. to Excl. Fmr FDA Officer)(Jensen, Keith) Modified on 4/5/2010 to add: docket entry relationship to Motion #128 .(dae).
April 5, 2010 Filing 151 REPLY to Objection to Motion re #128 Amended MOTION to Exclude Or Limit Expert Testimony filed by Karen L. Bartlett. (Attachments: #1 Exhibit Dr. Furberg Rep., #2 Exhibit Dr. Kronmal Rep., #3 Exhibit Dr. Bell Rep., #4 Exhibit Dr. Bonkovsky Rep., #5 Exhibit Dr. Gale Rep., #6 Exhibit Dr. Julie Rep., #7 Exhibit Sulindac '02 operative label)(Jensen, Keith)
April 2, 2010 Filing 150 NOTICE of Forthcoming Motion for Leave of Court to File Reply by Karen L. Bartlett. (Jensen, Keith)
April 1, 2010 Opinion or Order ENDORSED ORDER granting #148 Motion to Exceed Page Limits to File Objection to Dispositive Motion. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb)
March 31, 2010 Filing 149 OBJECTION to #131 MOTION for Summary Judgment filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit (Affidavit) Declaration of Cosgrove, #2 Exhibit 1 - Ergin Deposition Excerpts, #3 Exhibit 2 - PDR Reference, #4 Exhibit 3 - Sulindac Label, #5 Exhibit 4 - Stern Deposition Excerpts, #6 Exhibit 5 - Stern Report, #7 Exhibit 6 - Brooks Pharmacy Advisor, #8 Exhibit 7 - K. Bartlett Deposition Excerpts, #9 Exhibit 8 - G. Bartlett Deposition Excerpts, #10 Exhibit 9 - Stern Supplemental Report, #11 Exhibit 10 - Ehrreich Report, #12 Exhibit 11 - Dettery Deposition Excerpts, #13 Exhibit 12 - Salisbury Deposition Excerpts, #14 Exhibit 13 - Werynski Deposition Excerpts, #15 Exhibit 14 - 2/25/10 Email, #16 Exhibit 15 - Sadrnoori Deposition Excerpts, #17 Exhibit 16 - Chodosh Deposition Excerpts, #18 Exhibit 17 - Pliskow Deposition Excerpts, #19 Exhibit 18 - Stern Errata Sheet, #20 Exhibit 19 - Ehrreich Deposition Excerpts, #21 Exhibit 20 - Plaintiff's Answers to ROGS, #22 Exhibit 21 - Notice of Deposition Duces Tecum, #23 Exhibit 22 - DeBenedetto Disclosure, #24 Exhibit 23 - Tackett Deposition Excerpts)(Cosgrove, Paul)
March 31, 2010 Filing 148 Assented to MOTION to Exceed Page Limits to File Objection to Dispositive Motion filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul)
March 31, 2010 Opinion or Order ENDORSED ORDER granting #147 Motion for Leave to File Reply Exceeding 10 pages by Less than 4 pages. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Joseph N. Laplante. (jb)
March 30, 2010 Filing 147 Assented to MOTION for Leave to File Reply Exceeding 10 pages by Less Than 4 pages filed by Karen L. Bartlett. (Attachments: #1 Exhibit 1 Dr. Furberg, #2 Exhibit 2 Dr. Kronmal, #3 Exhibit 3 Dr. Bell, #4 Exhibit 4 Dr. Bonkovsky, #5 Exhibit 5 Dr. Gale, #6 Exhibit 6 Dr. Julie, #7 Exhibit 7 Sulindac '02 operative label)(Jensen, Keith)
March 30, 2010 Filing 146 MOTION for Summary Judgment filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 5/3/2010. (Attachments: #1 Exhibit (Affidavit) Declaration of Cosgrove, #2 Exhibit 1 - K. Bartlett Deposition, #3 Exhibit 2-1 - K. Bartlett Medical Records, #4 Exhibit 2-2 - K. Bartlett Medical Records, #5 Exhibit 2-3 - K. Bartlett Medical Records, #6 Exhibit 3 - Brooks Pharmacy Advisor, #7 Exhibit 4 - Roujeau Article, #8 Exhibit 5 - Mutual's Supplemental Response to Production, #9 Exhibit 6 - Dettery Deposition, #10 Exhibit 7 - FDA Approval letter to Mutual, #11 Exhibit 8 - Mutual's Supplemental Answers to Interrogatories, #12 Exhibit 9 - Werynski Deposition, #13 Exhibit 10 - Lux v. Teva Order, #14 Exhibit 11 - Plaintiff's Answers to Mutual's Interrogatories)(Cosgrove, Paul)
March 30, 2010 Filing 145 MOTION for Summary Judgment Based on Federal Preemption filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 5/3/2010. (Attachments: #1 Exhibit (Affidavit) Declaration of Cosgrove, #2 Exhibit 1 - Morrison Deposition, #3 Exhibit 2 - Pollock Deposition, #4 Exhibit 3 - Sporn Deposition, #5 Exhibit 4 - Guidance-April 2004, #6 Exhibit 5 - 69 Fed Reg 18728, #7 Exhibit 6 - MAPP 5240.8)(Cosgrove, Paul)
March 30, 2010 Filing 144 MOTION to Exceed L.R. 7.1 Page limitation for Defendants' Separate Summary Judgment Motion Based on Federal Preemption filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 4/16/2010. (Cosgrove, Paul)
March 25, 2010 Filing 143 EXHIBIT 4 - Expert Report of Roger Salisbury, MD re: #142 Motion to Exclude Testimony of Plaintiff's Expert Witnesses filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc. Main Document: Exhibit 4, Exhibit A, pages 1 - 57. (Attachments: #1 Exhibit 4, Exhibits B-G, pages 58 - 77)(dae) Modified on 4/20/2010 to take out the word "Sealed"; document is public. (dae).
March 25, 2010 Opinion or Order ENDORSED ORDER granting #130 Motion to Exceed The Memorandum of Law Page Limit. Text of Order: Granted pursuant to Local Rule 7.1(b), as no objection has been filed. So Ordered by Judge Joseph N. Laplante. (jb)
March 24, 2010 Opinion or Order ENDORSED ORDER re #140 Notice of Forthcoming Motion for Leave of Court to File Reply. Text of Order: In response to the notice of intent to reply provided yesterday by plaintiff's counsel, the court will accept the reply (leave is granted, 10-page limit) no later than March 30, and grants leave to file (but does not require) a surreply (10-page limit), limited to issues and arguments advanced in the reply, to be filed no later than April 6. The intent of the expedited schedule is, for the sake of the parties and counsel, to enable a decision on the motion further in advance of trial. So ordered by Judge Joseph N. Laplante. (jb)
March 23, 2010 Filing 142 MOTION to Exclude Testimony of Plaintiff's Expert Witnesses filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 4/9/2010.(Attachments: #1 Exhibit (Affidavit) Declaration of Cosgrove, #2 Exhibit 1 - Nelson in Gibbs, #3 Exhibit 2 - Tackett Expert Report, #4 Exhibit 3 - Tackett Dep, #5 Exhibit 4 - Notice of Conventional Filing of Salisbury Report, #6 Exhibit 5 - Salisbury Dep, #7 Exhibit 6 - Ergin Dep, #8 Exhibit 7 - Mello Dep, #9 Exhibit 8 - Shulz Dep, #10 Exhibit 9 - Stein Dep, #11 Exhibit 10 - Dohlman Dep, #12 Exhibit 11 - Chodosh Dep, #13 Exhibit 12 - Sadrnoori Dep, #14 Exhibit 13 - Multiple Communications, #15 Exhibit 14 - Plaintiff's Witness Disclosure)(Cosgrove, Paul) Modified on 4/20/2010 to take out as no conventional documents on file; Doc. #143 filed in support thereof: Certain exhibit(s) maintained conventionally in Clerks Office. (dae).
March 23, 2010 Filing 141 MOTION to Exceed Page Limitation in L.R. 7.1(a) for Defendants' Global Motion to Exclude Plaintiff's Expert Witnesses filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 4/9/2010. (Cosgrove, Paul)
March 23, 2010 Filing 140 NOTICE of Forthcoming Motion For Leave of Court to File Reply by Karen L. Bartlett. (Jensen, Keith)
March 22, 2010 Filing 139 OBJECTION to #128 Amended MOTION to Exclude Or Limit Expert Testimony filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit (Affidavit) Declaration of Cosgrove, #2 Exhibit 1 - Ehrreich Report, #3 Exhibit 2 - Ehrreich Supplemental Report, #4 Exhibit 3 - Stern Report, #5 Exhibit 4 - Stern Deposition, #6 Exhibit 5 - Stern Supplemental Report, #7 Exhibit 6 - Valuck Report, #8 Exhibit 7 - Duffy Report, #9 Exhibit 8 - Duffy Deposition, #10 Exhibit 9 - Tackett Deposition in Robinson, #11 Exhibit 10 - Ehrreich Deposition, #12 Exhibit 11 - Sulindac Label, #13 Exhibit 12 - Stern Errata Sheet, #14 Exhibit 13 - Valuck Deposition, #15 Exhibit 14 - Mattson report, #16 Exhibit 15 - Duffy Appendix II-1)(Cosgrove, Paul)
March 22, 2010 Filing 138 MOTION to Exceed Page Limits Per L.R. 7.1 in connection with Objection and Response to Plaintiff's Motion to Limit Defendants' Expert Witnesses filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 4/8/2010. (Cosgrove, Paul)
March 22, 2010 Opinion or Order ENDORSED ORDER Approving #137 Stipulation re: Proposed Stipulation and Order per prior Telephonic Conference for Certain Pretrial Issues as Agreed by plaintiffs and defendants. Text of Order: Approved. So Ordered by Judge Joseph N. Laplante. (jb)
March 21, 2010 Filing 137 STIPULATION re: Proposed Stipulation and Order per prior Telephonic Conference for Certain Pretrial Issues as Agreed by plaintiffs and defendants by Karen L. Bartlett, Brooks Pharmacy, Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc. (Cosgrove, Paul)
March 8, 2010 Filing 136 NOTICE of No Briefing May Be Needed Regarding FDA Letters to the President and Presidential Transition Team by Karen L. Bartlett. (Attachments: #1 Exhibit 1 Let & Subpoena to FDA 4 2 09, #2 Exhibit 2 Let & Subpoena to HHS 5 22 09, #3 Exhibit 3 FDA Resp Let 4 13 09, #4 Exhibit 4 Let frm HHS dtd 6 17 09)(Jensen, Keith)
March 5, 2010 Opinion or Order CORRECTED ENDORSED ORDER granting in part and denying in part #134 Motion to Clarify. Text of Order: Granted in part. Following the telephone conference of March 3, the "second untimely motion," (Doc. 128), to use the defendant's term, is allowed. Counsel shall file a stipulated modification of the schedule to allow an extension of the defendant's response deadline and other relief agreed-to by the parties. As to the Tackett deposition, the line of questioning pursued by the defendant (as discussed in the conference call) exceeded the scope authorized by the court's order of November 6 and by the parties' subsequent stipulation. Finally, the court anticipates that the plaintiff will file a motion requesting relief with respect to her efforts to obtain certain documents from the FDA. So Ordered by Judge Joseph N. Laplante. (dae)
March 5, 2010 Opinion or Order SEE CORRECTED ENTRY THIS DATE. ENDORSED ORDER granting in part and denying in part #134 Motion to Clarify Court's February 25, 2010 Entry/Order on Plaintiff's Motion to Extend Time to File Untimely Motions to Exclude or Limit [Docs. 126, 127 and 128]. Text of Order: Granted in part. Following the telephone conference of March 3, the "second untimely motion," (Doc. no. 128), to use the defendant's term, is allowed. Counsel shall file a stipulated modification of the schedule to allow an extension of the defendant's response deadline and other relief agreed-to by the parties. As to the Tackett deposition, the line of questioning pursued by the defendant (as discussed in the conference call) exceeded the scope authorized by the parties' stipulation. Finally, the court anticipates that the plaintiff will file a motion requesting relief with respect to her efforts to obtain certain documents from the FDA. So Ordered by Judge Joseph N. Laplante. (jb) Modified on 3/5/2010 to add: SEE CORRECTED ENTRY THIS DATE.(dae).
March 3, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 3/3/2010. Order to issue. (Pltfs Atty: Keith M. Jensen, Esq. Christine M. Craig, Esq.) (Defts Atty: Paul J. Cosgrove, Esq. Stephen J. Judge, Esq.)(Total Hearing Time: 1 hr) (cmp)
March 3, 2010 Filing 135 Addendum/LR 7.1 Certification to #130 MOTION to Exceed The Memorandum of Law Page Limit by Karen L. Bartlett. (Attachments: #1 Exhibit Ex A Email 2.26.10 serving MSJ & Memo)(Jensen, Keith)
March 3, 2010 Filing 134 MOTION to Clarify Court's February 25, 2010, Entry/Order on Plaintiffs' Motion to Extend Time to File Untimely Motions to Exclude or Limit [Docs. 126, 127, and 128] filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 3/22/2010. (Cosgrove, Paul)
March 3, 2010 Corrective Entry to #133 Objection to Order on Motion to Extend Time, etc. Entry corrected by adding: REFILED, SEE #134 . (dae)
March 2, 2010 Filing 133 REFILED, SEE #134 . Objection to Order on Motion to Extend Time, Terminate Motions PUBLIC, #128 Amended MOTION to Exclude Or Limit Expert Testimony and Motion for Clarification of Court's February 25, 2010, entry concerning Docs. 126, 127, and 128 filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul) Modified on 3/3/2010 to add: REFILED, SEE #134 .(dae).
March 1, 2010 ACTION REQUIRED - NOTICE Nonconforming Document re #130 MOTION to Exceed The Memorandum of Law Page Limit filed by Karen L. Bartlett. The document fails to comply with LR 7.1-No statement of concurrence was included. File concurrence statement as addendum using the Other Documents/Addendum event and link to document no. 130. The document will remain on file. Please note that unless a document curing the defect is filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. Notice of Compliance Deadline set for 3/15/2010. (dae)
February 27, 2010 Filing 132 NOTICE of Additional Exhibits to Plaintiff's Motion for Summary Judgement by Karen L. Bartlett. (Attachments: #1 Exhibit E Exh12 Part 1, #2 Exhibit E Exh 12 Part 2, #3 Exhibit E Exh 13 Part 1, #4 Exhibit E Exh 13 Part 2, #5 Exhibit R Karen Bartlett Depo, #6 Exhibit S Dibenedetto - Ergin 11.09)(Jensen, Keith)
February 26, 2010 Filing 131 MOTION for Summary Judgment filed by Karen L. Bartlett. Follow up on Objection on 3/31/2010. (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit) Affidavit of Keith M. Jensen, #3 Exhibit A Sulindac 2.02 Label sent to FDA 5.03, #4 Exhibit B Sulindac 7.05 Label obtained at Ehrreich depo, #5 Exhibit C Sulindac 2.06 Label sent to FDA 5.07, #6 Exhibit D Exh 49 Ergin Dep, #7 Exhibit E Exh 50 Ergin Decl, #8 Exhibit E Exh 1, #9 Exhibit E Exh 2, #10 Exhibit E Exh 3, #11 Exhibit E Exh 4, #12 Exhibit E Exh 5, #13 Exhibit E Exh 6, #14 Exhibit E Exh 7, #15 Exhibit E Exh 8, #16 Exhibit E Exh 9, #17 Exhibit E Exh 10, #18 Exhibit E Exh 11, #19 Exhibit E Exh 14 Part 1, #20 Exhibit E Exh 14 Part 2, #21 Exhibit E Exh 14 Part 3, #22 Exhibit E Exh 15 Part 1, #23 Exhibit E Exh 15 Part 2, #24 Exhibit E Exh 15 Part 3, #25 Exhibit F Dep Ergin Tashin 8.11.09, #26 Exhibit G Dettery Robert V1 8.28.09, #27 Exhibit H Ehrreich V1 & V2, #28 Exhibit I Stern Robert 2.15.10, #29 Exhibit J 20157 eff thru 4.1.05, #30 Exhibit K 314.8 thru 4.05, #31 Exhibit L EuroScar NSAIDs & SJS-TEN, #32 Exhibit M Valuck Robert, #33 Exhibit N Fitpatrick's on Derm Aspirin has no risk of TEN, #34 Exhibit O Publication - Label May Differ Btwn Gen and Brand, #35 Exhibit P Dr. Charles Hoppes FDA 5.08 Pwr Pt, #36 Exhibit Q Clinoril Label SE 51 Part 1, #37 Exhibit Q Clinoril Part 2, #38 Exhibit Q Clinoril Part 3)(Jensen, Keith)
February 26, 2010 Filing 130 MOTION to Exceed The Memorandum of Law Page Limit filed by Karen L. Bartlett. Follow up on Objection on 3/15/2010. (Jensen, Keith)
February 25, 2010 Opinion or Order ///ENDORSED ORDER granting #129 Motion to Dismiss Gregory S. Bartlett. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb) Modified on 3/1/2010 to add: /// (dae).
February 25, 2010 Opinion or Order ENDORSED ORDER granting #127 Motion to Extend Time to File Plaintiff's Amended Motion and Amended Memorandum of Law in Support of Motion to Exclude or Limit Expert Testimony and to Exceed the Memorandum of Law Page Limit. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb)
February 22, 2010 Filing 129 Assented to MOTION to Dismiss Gregory S. Bartlett filed by Karen L. Bartlett. (Jensen, Keith)
February 20, 2010 Motions terminated: #126 MOTION to Exclude Or Limit Expert Testimony filed by Karen L. Bartlett - Amended Motion filed, See #128 . (dae)
February 20, 2010 Filing 128 Amended MOTION to Exclude Or Limit Expert Testimony filed by Karen L. Bartlett. Follow up on Objection on 3/9/2010. (Attachments: #1 Memorandum of Law Amended Memo of Law in Support of Plaintiff's Amended Motion to Exclude or Limit Expert Testimony, #2 Exhibit 1 Exp Rep of Dr. Ehrreich, #3 Exhibit 1A Dep of Dr. Ehrreich, #4 Exhibit 1B Supp Rep of Dr. Ehrreich, #5 Exhibit 2 Exp Rep of Dr. Stern, #6 Exhibit 2A Dep of Dr. Stern, #7 Exhibit 2B Supp Rep of Dr. Stern, #8 Exhibit 3 Exp Rep of of Dr. Valuck, #9 Exhibit 3A Dep of Dr. Valuck, #10 Exhibit 5 Exp Rep of Martin Duffy, #11 Exhibit 5A Dep of Martin Duffy, #12 Exhibit 6 Email from D re Agreement 12.28.09, #13 Exhibit 7 Let to Cosgrove 1 8 10, #14 Exhibit 8 Lets from D 1 wk before Noticed Depos of Valick and Stern, #15 Exhibit 9 Declaration of Bryan Ballew, #16 Exhibit 10 Tackett Randall Report, #17 Exhibit 11 FDA 2 guys saying we can change 5.02, #18 Exhibit 12 Mocken SCARstdygrp Sulin #5-AERS Tbl 1 NSAIDS 4.5-8.2JRheum '03 Ex3017, #19 Exhibit 13 Ehrreich Gaines Deposition, #20 Exhibit 14 Sulindac '02 label, #21 Exhibit 15 Mock-Euroscar '07, #22 Exhibit 16 Pollack Dep, #23 Exhibit SE 51 Sulindac Label, #24 Exhibit SE 52 Celebrex Label, #25 Exhibit SE 53 Cataflam Label, #26 Exhibit SE 54 Diflunisal Label, #27 Exhibit SE 55 Lodine Label, #28 Exhibit SE 56 Nalfon Label, #29 Exhibit SE 57 Ansaid Label, #30 Exhibit SE 58 Ibuprofen Label, #31 Exhibit SE 59 Indomethacin Label, #32 Exhibit SE 60 Ketoprofen Label, #33 Exhibit SE 61 Ketorolac Label, #34 Exhibit SE 62 Mefenamic Acid Label, #35 Exhibit SE 63 Meloxicam Label, #36 Exhibit SE 64 Nabumetone Label, #37 Exhibit SE 65 Naproxen Label, #38 Exhibit SE 66 Oxaprozin Label, #39 Exhibit SE 67 Feldene Label, #40 Exhibit SE 68 Tolmetin Label, #41 Exhibit 4 Expert Report of Jane Mattson, Ph.D, #42 Exhibit 4A Deposition of Jane Mattson, Ph.D)(Jensen, Keith)
February 20, 2010 Filing 127 MOTION to Extend Time to File Plaintiff's Amended Motion and Amended Memorandum of Law in Support of Motion to Exclude or Limit Expert Testimony and to Exceed the Memorandum of Law Page Limit filed by Karen L. Bartlett. Follow up on Objection on 3/9/2010. (Attachments: #1 Exhibit A Email Re Filing at 1218 pm CST, #2 Exhibit B Email to D re Extension of Time, #3 Exhibit C Dep Notice Dr. Valuck, #4 Exhibit D Email from D re Dr. Stern Dep, #5 Exhibit E Dep Notice Greg Bartlett, #6 Exhibit F Rec of Dr. Stern Dep Desp Rush)(Jensen, Keith)
February 20, 2010 Filing 126 MOTION to Exclude Or Limit Expert Testimony filed by Karen L. Bartlett. Follow up on Objection on 3/9/2010. (Attachments: #1 Memorandum of Law, #2 Exhibit 1 Expert Report of Stewart Ehrreich, #3 Exhibit 1A Depo of Stewart Ehrreich, #4 Exhibit 1B Suppl Report of Stewart Ehrreich, #5 Exhibit 2 Expert Report of Robert Stern, #6 Exhibit 2A Depo of Robert Stern, #7 Exhibit 2B Suppl Report of Robert Stern, #8 Exhibit 3 Expert Report of Robert Valuck, #9 Exhibit 3A Depo of Robert Valuck, #10 Exhibit 4 Expert Report of Jane Mattson, #11 Exhibit 4A Depo of Jane Mattson, #12 Exhibit 5 Expert Report of Martin Duffy, #13 Exhibit 5A Depo of Martin Duffy, #14 Exhibit 6 Email from D re Agreement 12.28.09, #15 Exhibit 7 Let to Cosgrove 1.08.10, #16 Exhibit 8 Lets from D 1 wk before Noticed Depos of Valuck and Stern, #17 Exhibit 9 Declaration of Bryan Ballew, #18 Exhibit 10 Tackett Randall Report, #19 Exhibit 11 FDA 2 guys saying we can change 5.02, #20 Exhibit 12 Mocken SCAR Study Group, #21 Exhibit 13 Ehrreich Gaines Depo, #22 Exhibit SE 51 Sulindac Label, #23 Exhibit SE 52 Celebrex, #24 Exhibit SE 53 Cataflam Label, #25 Exhibit SE 54 Diflunisal Label, #26 Exhibit SE 55 Lodine Label, #27 Exhibit SE 56 Nalfon Label, #28 Exhibit SE 57 Ansaid Label, #29 Exhibit SE 58 Ibuprofen Label, #30 Exhibit SE 59 Indomethacin Label, #31 Exhibit SE 60 Ketoprofen Label, #32 Exhibit SE 61 Ketorolac Label, #33 Exhibit SE 62 Mefenamic Acid Label, #34 Exhibit SE 63 Meloxicam Label, #35 Exhibit SE 64 Nabumetone Label, #36 Exhibit SE 65 Naproxen Label, #37 Exhibit SE 66 Oxaprozin Label, #38 Exhibit SE 67 Feldene Label, #39 Exhibit SE 68 Tolmetin Label)(Jensen, Keith)
February 17, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE re Greg Bartlett deposition held on 2/17/2010. (Pltfs Atty: Keith Jensen, Christine Craig) (Defts Atty: Stephen Judge)(Greg Bartlett's Atty: Charles Rotundi)(Total Hearing Time: 11 minutes) (dae)
February 9, 2010 Opinion or Order Filing 125 SUMMARY ORDER after telephonic hearing held 2/8/10 re: Discovery sanctions, Bactrim documents and Requests for admission. Signed by Judge Joseph N. Laplante. (dae)
February 9, 2010 Opinion or Order ENDORSED ORDER approving #122 Stipulation re: Order for Deposition of Dr. Tackett and Stipulated Amended Expert Challenge and Summary Judgment and Response Deadlines. Text of Order: Approved. Signed by Judge Joseph N. Laplante. (dae)
February 8, 2010 Filing 124 United's Defenses and ANSWER to #121 Amended Complaint with jury demand filed by United Research Laboratories, Inc.. (Cosgrove, Paul)
February 8, 2010 Filing 123 Mutual's Defenses and ANSWER to #121 Amended Complaint with jury demand filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
February 8, 2010 Filing 122 STIPULATION re: Order for Deposition of Dr. Tackett and Stipulated Amended Expert Challenge and Summary Judgment and Response Deadlines per 02/08/10 hearing on behalf of all parties by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc. (Cosgrove, Paul)
February 8, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 2/8/2010. (Pltfs Atty: Keith Jensen, Christine Craig) (Defts Atty: PJ Cosgrove, Steve Judge)(Total Hearing Time: 45 minutes) (dae)
February 5, 2010 NOTICE of Hearing. Telephone Conference set for 2/8/2010 02:00 PM before Judge Joseph N. Laplante. The court will initiate the call. Counsel shall notify Deputy Clerk Eastman-Proulx as to who will be participating and their phone number. (dae)
January 17, 2010 Filing 121 AMENDED COMPLAINT against all defendants with jury demand filed by Karen L. Bartlett.(Jensen, Keith)
January 12, 2010 Opinion or Order Filing 120 ORDER granting in part and denying in part #101 Motion for Leave to File Leave of Court to Take Certain Depositions after the Close of Discovery and For an Order Requiring Ms. Corinne Gamper to Appear filed by Karen L. Bartlett; granting in part and denying in part #109 Motion to Compel Testimony of Gregory Bartlett filed by Mutual Pharmaceutical Company. Bartlett's motion (document no. 101) is granted except to the extent that it has not already been denied (see order dated 12/1/09). Mutual's Motion (document no. 109) is granted except as to fees and costs. Plaintiff may conduct a trial preservation deposition of Mr. Bartlett and, if feasible, held the same date as the reopened discovery deposition in order to minimize expense and inconvenience to the parties and witnesses. So Ordered by Judge Joseph N. Laplante. (jb)
January 12, 2010 Motions terminated/Withdrawn per #119 : #105 MOTION to Compel Production and Supplement to Plaintiff's 11/9/09 Motion for Sanctions Plaintiff's Motion to Permit Inspection filed by Karen L. Bartlett and #100 MOTION to Strike All Defenses, All Defense Experts and for Other Sanctions for Discovery Abuse filed by Karen L. Bartlett. (dae)
January 12, 2010 Opinion or Order ENDORSED ORDER granting #103 Motion to Amend Complaint. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion to Amend using the appropriate event in CMECF. So Ordered by Judge Joseph N. Laplante. Amended Pleadings due by 1/14/2010. (jb)
January 11, 2010 Opinion or Order ENDORSED ORDER Approving #119 Stipulation re #113 Memorandum in Opposition to Motion, #112 Memorandum in Opposition to Motion, #106 Memorandum in Opposition to Motion, #105 Motion to Compel Production and Supplement to Plaintiff's 11/9/09 Motion for Sanctions Plaintiff's Motion to Permit Inspection, #100 Motion to Strike All Defenses, All Defense Experts and for Other Sanctions for Discovery Abuse, #108 Memorandum in Opposition to Motion, #103 Motion to Amend Complaint CORRECTED Stip re Dr. Tackett report, document review and production and no trial continuance based on any known issues. Text of Order: Approved. Signed by Judge Joseph N. Laplante. (jb)
January 8, 2010 Filing 119 STIPULATION re #113 Memorandum in Opposition to Motion,, #112 Memorandum in Opposition to Motion,, #106 Memorandum in Opposition to Motion,,, #105 MOTION to Compel Production and Supplement to Plaintiff's 11/9/09 Motion for Sanctions Plaintiff's Motion to Permit Inspection, #100 MOTION to Strike All Defenses, All Defense Experts and for Other Sanctions for Discovery Abuse, #108 Memorandum in Opposition to Motion,,,,, #103 MOTION to Amend Complaint CORRECTED Stip re Dr. Tackett report, document review and production and no trial continuance based on any known issues by Karen L. Bartlett (Jensen, Keith)
January 8, 2010 Filing 118 FILED IN ERROR. REFILED SEE #119 . STIPULATION re #113 Memorandum in Opposition to Motion,, #105 MOTION to Compel Production and Supplement to Plaintiff's 11/9/09 Motion for Sanctions Plaintiff's Motion to Permit Inspection, #100 MOTION to Strike All Defenses, All Defense Experts and for Other Sanctions for Discovery Abuse, #103 MOTION to Amend Complaint re: Scheduling, Dr. Tackett report, document inspection and copying and no trial continuance based on any issues remaining by Karen L. Bartlett (Jensen, Keith) Modified on 1/11/2010 to add:FILED IN ERROR. REFILED SEE #119 . (dae).
January 6, 2010 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE re pending motions/discovery held on 1/6/2010. (Pltfs Atty: Keith Jensen, Christine Craig) (Defts Atty: Paul Cosgrove)(Total Hearing Time: 16 minutes) (dae)
December 21, 2009 Opinion or Order ENDORSED ORDER re: #115 Notice of Intent to Reply to Objection to #105 Motion to Compel. Text of Order: In an effort to preserve the June trial date -- which is unlikely -- the court will accept the reply no later than Dec. 24, and grants leave to file (but does not require) a surreply, limited to issues and arguments advanced in the reply, to be filed no later than Dec. 31. If the holidays make this schedule unduly burdensome counsel may request relief from this schedule, but should be aware that delays may impact the trial date. So ordered. Signed by Judge Joseph N. Laplante. (dae)
December 21, 2009 NOTICE of ECF Filing Error re: #117 Reply to Objection to #105 Motion to Compel Production and Supplement to Plaintiff's 11/9/09 Motion for Sanctions filed by Karen L. Bartlett. Filer used wrong event. Filer shall refile using the Motion, Leave to File event and enter in docket text: Replaces document no. 117. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. Notice of Compliance Deadline set for 12/31/2009. (dae)
December 18, 2009 Filing 117 REPLY to Objection to Motion re #105 MOTION to Compel Production and Supplement to Plaintiff's 11/9/09 Motion for Sanctions Plaintiff's Motion to Permit Inspection Plaintiff's Motion For Leave of Court to File Reply in Support of Their Motion filed by Karen L. Bartlett. (Attachments: #1 Exhibit 1 Decl of CC Final, #2 Exhibit 2 Decl KMJ, #3 Exhibit 3 Let 8588-8659 11.11.09, #4 Exhibit 4 Let 8660-14420 11.24.09, #5 Exhibit 5 Let 14421-14576 12.1.09, #6 Exhibit 6 Let 14576-15251 12.08.09, #7 Exhibit 7 Dep Salisbury Roger 11.16.09)(Jensen, Keith)
December 18, 2009 NOTICE of ECF Filing Error re: #116 Notice of Supplemental Document Production filed by United Research Laboratories, Inc., Mutual Pharmaceutical Company, Inc. Consistent with ECF Administrative Procedures, affidavits prepared in the context of the litigation shall be filed in electronically converted PDF format and shall contain a /s/ signature for both the signator and the notary/jurat. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. (dae)
December 17, 2009 Filing 116 NOTICE of Supplemental Document Production Per Court Order s dated November 2, and November 6, 2009, by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit (Affidavit) Affidavit of Andria Werynski)(Cosgrove, Paul)
December 17, 2009 Filing 115 Notice of Intent to Reply to Objection to #105 MOTION to Compel Production and Supplement to Plaintiff's 11/9/09 Motion for Sanctions Plaintiff's Motion to Permit Inspection. Follow up on Reply on 1/4/2010. (Jensen, Keith)
December 15, 2009 Filing 114 TRANSCRIPT of Proceedings for Motion Hearing held on August 26, 2009. Court Reporter: Diane Churas, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/8/2010. Redacted Transcript Follow Up 1/19/2010. Release of Transcript Restriction set for 3/15/2010. (dae)
December 14, 2009 Filing 113 WITHDRAWN, SEE #119 . MEMORANDUM in Opposition re #103 MOTION to Amend Complaint filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit (Affidavit) Declaration of P. Cosgrove in Support of Defendants' Memorandum in Opposition to Plaintiffs' Motion for Leave to File an Amended Complaint, #2 Exhibit Exhibit A (Ergin Deposition Transcript), #3 Exhibit Exhibit B (12.14.09 Email), #4 Exhibit Exhibit C (11.15.09 Email), #5 Exhibit Exhibit D (sulindac labeling))(Cosgrove, Paul) Modified on 1/12/2010 to add: WITHDRAWN, SEE #119 . (dae).
December 14, 2009 Filing 112 MEMORANDUM in Opposition re #105 MOTION to Compel Production and Supplement to Plaintiff's 11/9/09 Motion for Sanctions Plaintiff's Motion to Permit Inspection filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit (Affidavit) Declaration of P. Cosgrove in Support of Defendants' Memorandum in Opposition to Plaintiffs' Third Sanctions Motion, #2 Exhibit Exhibit A (12.01.09 Letter to Jensen), #3 Exhibit Exhibit B (11.0.09 email from J. Thomas), #4 Exhibit Exhibit C (AE log sulindac 200mg), #5 Exhibit Exhibit D (AE Log sulindac 150mg))(Cosgrove, Paul)
December 7, 2009 Opinion or Order ENDORSED ORDER re #111 Stipulation Extending Defendants' Response Deadline to Plaintiffs' Motions Docs. Nos. 103 and 105 to December 14, 2009. Text of Order: Approved. Signed by Judge Joseph N. Laplante. (dae)
December 4, 2009 Filing 111 STIPULATION re: Extending Defendants' Response Deadline to Plaintiffs' Motions Docs. Nos. 103 and 105 pending meet and confer among all parties by Mutual Pharmaceutical Company, Inc. (Cosgrove, Paul)
December 1, 2009 Filing 110 RESPONSE to Motion re #109 MOTION to Compel Testimony of Gregory Bartlett filed by Karen L. Bartlett. (Jensen, Keith)
December 1, 2009 Filing 109 MOTION to Compel Testimony of Gregory Bartlett filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 12/18/2009. (Attachments: #1 Memorandum of Law in Support of Motion to Compel, #2 Exhibit (Affidavit) Declaration of Cosgrove in Support, #3 Exhibit 1 - 8/24/09 Ballew email, #4 Exhibit 2 - 9/3/09 Ballew email, #5 Exhibit 3 - Daily News Police Log, #6 Exhibit 4 - Police Report, #7 Exhibit 5 - Excerpts from Hyland Deposition, #8 Exhibit 6 - Excerpts from G. Bartlett Deposition, #9 Exhibit 7 - U.S. v. Bentson, #10 Exhibit 8 - Cowans v. Boston, #11 Exhibit 9 - Muricio v. Perez)(Cosgrove, Paul)
December 1, 2009 Opinion or Order ORAL ORDER denying #104 Motion for Reconsideration Re: #97 Order on Motion for Sanctions. So Ordered by Judge Joseph N. Laplante. (dae)
December 1, 2009 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 12/1/2009. (Pltfs Atty: Keith Jensen) (Defts Atty: Joseph Thomas)(Total Hearing Time: 1 hour 30 minutes) (dae)
December 1, 2009 Opinion or Order ORAL ORDER as to #101 Motion for Leave to File Leave of Court to Take Certain Depositions after the Close of Discovery and for an Order Requiring Ms. Corinne Gamper and Dr. Cheryl Blume to Appear for Depositions: Text of Order: Denied as to Gamper and Blume; Bartlett to be addressed in Order on Defendant's Motion to Compel Testimony of Gregory Bartlett, Document #109. So Ordered by Judge Joseph N. Laplante. (dae)
November 30, 2009 Filing 108 MEMORANDUM in Opposition re #101 MOTION for Leave to File Leave of Court to Take Certain Depositions after the Close of Discovery and For an Order Requiring Ms. Corinne Gamper to Appear filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit (Affidavit) Declaration of Cosgrove in Support, #2 Exhibit 1 - Mutual's Second Supplemental Disclosures, #3 Exhibit 2 - Excerpts from Nelson Deposition, #4 Exhibit 3 - 10/19/09 email from Jensen, #5 Exhibit 4 - 10/22/09 Cosgrove email re: quash, #6 Exhibit 5 - 10/23/09 Jensen email/dep notices, #7 Exhibit 6 - 11/3/09 Cosgrove email, #8 Exhibit 7 - Emails re: date for Sporn, #9 Exhibit 8 - 11/10/09 email from Thomas, #10 Exhibit 9 - 11/6/09 email from Thomas, #11 Exhibit 10 - Email offering Pollock for deposition, #12 Exhibit 11 - Jensen email-unavailable for Sporn, #13 Exhibit 12-10/30/09 email-Cosgrove re: sport, #14 Exhibit 13 - Email re: G. Bartlett no show, #15 Exhibit 14 - Daily News Police Log, #16 Exhibit 15 - Police Narrative & Arrest Report, #17 Exhibit 16 - Excerpts from Hyland Deposition, #18 Exhibit 17 - Excerpts from G. Bartlett Deposition, #19 Exhibit 18 - George v. Ford Motor Company, #20 Exhibit 19 - Bondpro v. Siemens)(Cosgrove, Paul)
November 30, 2009 NOTICE of Hearing. Telephone Conference set for 12/1/2009 03:00 PM before Judge Joseph N. Laplante. The court will initiate the call. (dae)
November 27, 2009 Filing 107 RESPONSE to Motion re #104 MOTION for Reconsideration re #97 Order on Motion for Sanctions,, MOTION for Reconsideration re #97 Order on Motion for Sanctions,, MOTION for Reconsideration re #97 Order on Motion for Sanctions,, filed by Karen L. Bartlett. (Attachments: #1 Exhibit Sanctions Hearing copy frm Ct 10.30.09)(Jensen, Keith)
November 25, 2009 Filing 106 MEMORANDUM in Opposition re #100 MOTION to Strike All Defenses, All Defense Experts and for Other Sanctions for Discovery Abuse filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit (Affidavit) Declaration of Cosgrove in Support, #2 Exhibit 1 - Mutual's Discovery Responses, #3 Exhibit 2 - Disk titled 200 mg ANDA, #4 Exhibit 3 - Sulindac Package Insert, #5 Exhibit 4 - Tackett Deposition Excerpts, #6 Exhibit 5 - 11/11/09 Thomas email, #7 Exhibit 6 - Adverse Events-200 mg, #8 Exhibit 7 - Adverse Events 150 mg, #9 Exhibit 8 - 11/7/09 Jensen email, #10 Exhibit 9 - 11/10/09 Judge email, #11 Exhibit 10 - 11/10/09 Jensen email, #12 Exhibit 11 - Nelson Deposition Excerpts, #13 Exhibit 12 - Morrison Deposition Excerpts, #14 Exhibit 13 - Pollock Deposition Excerpts, #15 Exhibit 14 - Salisbury Deposition Excerpts, #16 Exhibit 15 - Ergin Deposition Excerpts)(Cosgrove, Paul)
November 17, 2009 Filing 105 MOTION to Compel Production and Supplement to Plaintiff's 11/9/09 Motion for Sanctions Plaintiff's Motion to Permit Inspection filed by Karen L. Bartlett. Follow up on Objection on 12/7/2009. (Attachments: #1 Memorandum of Law in Support of M2Permit Inspections, #2 Exhibit A FDA Form 356h, #3 Exhibit B 33 1 page FDA Form 356 produced, #4 Exhibit C Confer re M2 Inspect, #5 Exhibit D 4.97 FDA Form 356h-redacted, #6 Exhibit E Dep Corp reps Prosar, #7 Exhibit F Dettery Affidavit, #8 Exhibit G Sanctions hearing 10.30.09, #9 Exhibit H Request for Inspection-Amended, #10 Exhibit I 150mg Adverse Events 4.17.91, #11 Exhibit J 200mg Adverse Event 4.17.91, #12 Exhibit K Cosgrove declination of inspection 11.16.09, #13 Exhibit L Cosgrove 150mg 1st produc 11.11.09, #14 Exhibit M 11.12.09 Rec'd 150mg list of ADEs, #15 Exhibit N Tackett, Randall Dep Vol 1 11.11.09, #16 Exhibit O Let FDA Subpoena 5.22.09, #17 Exhibit P Sulindac 150mg Rx excerpt, #18 Exhibit Q Tackett, Randall Depo Vol 2, #19 Exhibit R Email frm Thomas 11.11.09 re 150mg, #20 Exhibit S Merck RLD for 200 mg only, #21 Exhibit T No Therapeutic Equiv's for 150 mg Sulindac, #22 Exhibit U Orange Book '09 pp 1-28, p10+=RLD, #23 Exhibit V Mutual-Watson-Mylan not RLD 150mg)(Jensen, Keith)
November 16, 2009 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 11/16/2009 - re ongoing expert deposition. (Pltfs Atty: Keith Jensen) (Defts Atty: Joseph Thomas)(Total Hearing Time: 25 minutes) (dae)
November 16, 2009 Filing 104 MOTION for Reconsideration re #97 Order on Motion for Sanctions,, filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 12/4/2009. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Exhibit (Affidavit) Declaration of Paul J. Cosgrove in Support, #3 Exhibit 1 - Fee Sheet, #4 Exhibit 2 - Responses to 1st Requests, #5 Exhibit 3 - Supplemental Responses to 1st Requests, #6 Exhibit 4 - Excerpts from Dettery Deposition, #7 Exhibit 5 - Excerpts from Werynski Deposition)(Cosgrove, Paul)
November 16, 2009 Filing 103 MOTION to Amend Complaint filed by Karen L. Bartlett. Follow up on Objection on 12/4/2009. (Attachments: #1 Memorandum of Law, #2 Proposed Amended Complaint)(Jensen, Keith)
November 14, 2009 Filing 102 Addendum/Local Rule 7.1(c) Statement to #101 MOTION for Leave to File Leave of Court to Take Certain Depositions after the Close of Discovery and For an Order Requiring Ms. Corinne Gamper to Appear, #100 MOTION to Strike All Defenses, All Defense Experts and for Other Sanctions for Discovery Abuse by Karen L. Bartlett. (Jensen, Keith)
November 10, 2009 Filing 101 MOTION for Leave to File Leave of Court to Take Certain Depositions after the Close of Discovery and For an Order Requiring Ms. Corinne Gamper to Appear filed by Karen L. Bartlett. Follow up on Objection on 11/30/2009. (Attachments: #1 Exhibit 9.11.09 email, #2 Exhibit 10.19.09 email, #3 Exhibit 10.22.09 email re all 3 deps, #4 Exhibit 10.22.09 response email, #5 Exhibit 10.23.09 email notice of Gamper & Blume, #6 Exhibit 11.4.09 email re Greg, #7 Exhibit 11.5.09 email chain, #8 Exhibit 11.6.09 refusal to extend email, #9 Exhibit Bartlett Greg Depo 10.28.09, #10 Exhibit Dep Notice Gamper for 10.27.09 9am, #11 Exhibit Dep Blume for 10.27.09 9am, #12 Exhibit A Bartlett Greg Diary 2609-2631, #13 Exhibit B Bartlett Greg Diary 2632-2651)(Jensen, Keith)
November 10, 2009 ACTION REQUIRED - NOTICE Nonconforming Document re #100 MOTION to Strike All Defenses, All Defense Experts and for Other Sanctions for Discovery Abuse filed by Karen L. Bartlett and #101 MOTION for Leave to File Leave of Court to Take Certain Depositions after the Close of Discovery and For an Order Requiring Ms. Corinne Gamper to Appear filed by Karen L. Bartlett. The documents fail to comply with LR 7.1-No statement of concurrence was included. File concurrence statement as addendum using the Other Documents/Addendum event and link to document no. 100 and document no. 101 respectively. The documents will remain on file. Please note that unless documents curing the defect are filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. Notice of Compliance Deadline set for 11/30/2009. (dae)
November 9, 2009 Filing 100 MOTION to Strike All Defenses, All Defense Experts and for Other Sanctions for Discovery Abuse filed by Karen L. Bartlett. Follow up on Objection on 11/27/2009. (Attachments: #1 Exhibit FDA-Mutual has 2 Sulindac ANDA, #2 Exhibit 2 '92-'05 200mg Annual Reports)(Jensen, Keith)
November 9, 2009 Filing 99 TRANSCRIPT of Proceedings for Motion Hearing held on October 30, 2009. Court Reporter: Susan Bateman, Telephone # 603-225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 12/3/2009. Redacted Transcript Follow Up 12/14/2009. Release of Transcript Restriction set for 2/8/2010. (dae)
November 6, 2009 Opinion or Order Filing 98 ORDER - Amended Scheduling Order outlining discovery, expert dates, etc. Summary Judgment Motions due by 2/26/2010. Jury Selection 6/2/10. Signed by Judge Joseph N. Laplante. (dae)
November 6, 2009 TRIAL NOTICE - RESCHEDULED per Order 11/6/09: Jury Trial reset for two-week period beginning 6/2/2010 09:30 AM (from 4/6/10) before Judge Joseph N. Laplante. Final Pretrial Conference reset for 5/19/2010 11:00 AM (from 3/24/10) before Judge Joseph N. Laplante. Pretrial Statements due 4/29/2010. LR 16.2(d) Objections due 5/10/2010. (dae)
November 2, 2009 Opinion or Order Filing 97 ORDER granting in part and denying in part #67 Motion for Sanctions and Other Relief for Discovery Abuse. Granted as to parts (b) and (c), subject to the limitations set forth in this order. Denied as to parts (a), (d), and (e). Mutual shall submit to this court within 45 days of this order a written confirmation that it has conducted the review and document production ordered. If the parties cannot agree on a reasonable amount of attorneys' fees and costs, plaintiffs shall submit to the court, within 14 days of this order, an itemized bill, with the opportunity for Mutual to respond within 14 days of such filing. So Ordered by Judge Joseph N. Laplante. (jb)
November 2, 2009 Opinion or Order ENDORSED ORDER mooting #90 Motion to Exceed Page Limit of L.R. 7.1. Text of Order: Moot. So Ordered by Judge Joseph N. Laplante. (jb)
October 30, 2009 Filing 96 Exhibit List by Mutual Pharmaceutical Company, Inc. (dae)
October 30, 2009 Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 10/30/2009 re #67 MOTION for Sanctions and Other Relief for Discovery Abuse. Oral argument. Motion to be granted to an extent. Written order to issue. (Court Reporter: Susan Bateman) (Pltfs Atty: Keith Jensen, Timothy Beaupre) (Defts Atty: Joseph Thomas, Stephen Judge)(Total Hearing Time: 2 hours 38 minutes) (dae)
October 23, 2009 Opinion or Order Filing 95 ORDER - Amended Scheduling Order - as modified by the Court: ( Motions In Limine due by 3/5/2010; Response deadline set for 3/15/2010, Summary Judgment Motions due by 2/1/2010.) Signed by Judge Joseph N. Laplante. (dae)
October 23, 2009 Opinion or Order ENDORSED ORDER mooting #83 Motion for Leave to File Reply in Support of Plaintiff's Motion to Quash The Depositions of Purposed "Fact Witnesses." Text of Order: Moot So Ordered by Judge Joseph N. Laplante. (jb)
October 22, 2009 Filing 94 Proposed Amended Scheduling Order by all Parties as directed by the Court in its 10.09.09 Order following the hearing on Defendants' Motion for Order to Show Cause as to Why Plaintiffs' Experts should not be struck for failure to comply with the prior scheduling order by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc. (Cosgrove, Paul)
October 22, 2009 Opinion or Order Filing 93 ORDER denying as outlined #92 Motion to Clarify. So Ordered by Judge Joseph N. Laplante. (dae)
October 22, 2009 Filing 92 MOTION to Clarify #67 Motion for Sanctions,, filed by Karen L. Bartlett. Follow up on Objection on 11/9/2009. (Jensen, Keith)
October 20, 2009 NOTICE re: #67 MOTION for Sanctions and Other Relief for Discovery Abuse. Motion Hearing set for 10/30/2009 10:00 AM before Judge Joseph N. Laplante. Total hearing time allowed: 90 minutes; no evidence. (dae)
October 19, 2009 Filing 91 SURREPLY to Reply to #67 MOTION for Sanctions and Other Relief for Discovery Abuse filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit (Affidavit) Declaration of Paul J. Cosgrove in Support of Sur-Reply, #2 Exhibit A - Discovery Hearing Transcript, #3 Exhibit B - Dettery 8-28-08 Dep Tr, #4 Exhibit C - 8-30-09 email, #5 Exhibit D - Werynsky 9-1-09 Dep Tr, #6 Exhibit E - 9-3-09 Jensen Communication)(Cosgrove, Paul)
October 19, 2009 Filing 90 MOTION to Exceed Page Limit of L.R. 7.1 filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 11/5/2009. (Attachments: #1 Memorandum of Law in Support of Motion to Exceed Page Limits, #2 Exhibit Sur-Reply Brief)(Cosgrove, Paul)
October 15, 2009 Opinion or Order ENDORSED ORDER Text of Order: Upon further consideration, the court will hold oral argument on the motion for sanctions. Counsel shall confer and agree on (a) a mutually agreeable time and date, and (b) whether they prefer a courtroom hearing or a telephone conference, and then inform the Deputy Clerk accordingly. Signed by Judge Joseph N. Laplante. (Laplante, Joseph)
October 13, 2009 Filing 89 Concurrence Statement to #82 MOTION for Leave to File Reply in Support of Plaintiff's #67 Motion for Sanctions and Other Relief for Discovery Abuse filed by Karen L. Bartlett. (Attachments: #1 Reply, #2 Declaration of Keith Jensen, #3 Letter of 9.8.09, #4 Letter of 9.3.09)(Jensen, Keith) Modified on 10/13/2009 to modify text - change from Reply to Concurrence Statement. (dae).
October 13, 2009 Opinion or Order ENDORSED ORDER granting #82 Motion for Leave to File Reply in Support of Plaintiff's Motion for Sanctions and Other Relief for Discovery Abuse. Text of Order: Granted. The court also grants leave to the defendant to file (but does not require) a surreply, limited to issues and arguments advanced in the reply, to be filed no later than October 19. The court had not reviewed the reply during the October 9 conference call. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Joseph N. Laplante. (jb)
October 9, 2009 Minute Entry for proceedings held before Judge Joseph N. Laplante re #87 Motion for Order to Show Cause. TELEPHONE CONFERENCE held on 10/9/2009. (Pltfs Atty: Keith Jensen, Christine Craig) (Defts Atty: Stephen Judge, Joseph Thomas, Paul Cosgrove)(Total Hearing Time: 45 minutes) (dae)
October 9, 2009 Filing 88 OBJECTION to #87 MOTION for Order to Show Cause Why Plaintiffs' Experts Should Not Be Stricken or in the Alternative for Relief from Certain Pretrial Deadlines filed by Karen L. Bartlett. (Attachments: #1 Exhibit (Affidavit) Declaration of Keith M. Jensen, #2 Exhibit Ex 1 Email 10.8 re Dep Dates, #3 Exhibit Ex 2 Email Agmts-Issues 10.7.09, #4 Exhibit Ex 3 Let Schultz Dep 7.20.09, #5 Exhibit Ex 4 Dr. Ryan Dep Excerpts, #6 Exhibit Ex 5 Dr. Salisbury Report & CV, #7 Exhibit Ex 6 Emails of 10.8.09)(Jensen, Keith)
October 9, 2009 NOTICE of Telephone Conference re: #87 MOTION for Order to Show Cause Why Plaintiffs' Experts Should Not Be Stricken or in the Alternative for Relief from Certain Pretrial Deadlines. Telephone Conference set for 10/9/2008 02:30 PM before Judge Joseph N. Laplante. The court will initiate the call. Attorney Jensen to provide the court with names and phone numbers of participants. (dae)
October 9, 2009 NOTICE of Telephone Conference re: #87 MOTION for Order to Show Cause Why Plaintiffs' Experts Should Not Be Stricken or in the Alternative for Relief from Certain Pretrial Deadlines. Telephone Conference reset for 10/9/2009 03:45 PM (from 2 PM) before Judge Joseph N. Laplante. The court will initiate the call. Counsel to provide the court with names and phone numbers of participants. (dae)
October 9, 2009 Opinion or Order ENDORSED ORDER granting in part and denying in part #87 Motion for Order to Show Cause. Text of Order: Granted in part and denied in part. The defendant's expert report disclosure deadline is October 22 (and the court acknowledges that this is one week later than the date it specified during today's conference call). The deadline for the completion of the plaintiff's experts is November 18. All other deadlines are extended 60 days, with jury selection taking place June 2, 2010. Counsel shall file a new Stipulated Scheduling order on or before October 22. So ordered. So Ordered by Judge Joseph N. Laplante. (dae)
October 8, 2009 Filing 87 MOTION for Order to Show Cause Why Plaintiffs' Experts Should Not Be Stricken or in the Alternative for Relief from Certain Pretrial Deadlines filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 10/26/2009. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Exhibit (Affidavit) Declaration of Cosgrove in Support, #3 Exhibit A - 9/22/09 email to plaintiffs' counsel, #4 Exhibit B - 10/5/09 email from plaintiffs' counsel, #5 Exhibit C - 10/7/09 email from plaintiffs' counsel)(Cosgrove, Paul)
October 6, 2009 Opinion or Order ENDORSED ORDER denying #64 Motion to Extend Time to Complete Discovery and Continue Trial Date Accordingly. Text of Order: Denied. The trial date is not continued, and no discovery deadlines are modified. This ruling is without prejudice to any schedule modifications that may be necessitated by the court's ruling on the pending motion for sanctions and other relief. So Ordered by Judge Joseph N. Laplante. (jb)
October 5, 2009 Filing 86 SURREPLY to Reply to #64 MOTION to Extend Time to Complete Discovery and Continue Trial Date Accordingly filed by Karen L. Bartlett. (Jensen, Keith)
October 4, 2009 Opinion or Order ENDORSED ORDER granting #84 Motion for Leave to File A Surreply in Opposition to Defendants' Motion to Extend Discovery Deadlines and Continue Trial Date. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Joseph N. Laplante. (jb)
September 30, 2009 Opinion or Order Filing 85 ORDER denying #44 Motion to Dismiss Based on Federal Preemption. So Ordered by Judge Joseph N. Laplante. (jb)
September 30, 2009 ACTION REQUIRED - NOTICE Nonconforming Documents: re #84 MOTION for Leave to File A Surreply in Opposition to Defendants' Motion to Extend Discovery Deadlines and Continue Trial Date; #82 MOTION for Leave to File Reply in Support of Plaintiff's Motion for Sanctions and Other Relief for Discovery Abuse; #83 MOTION for Leave to File Reply in Support of Plaintiff's Motion to Quash The Depositions of Purported "Fact Witnesses" filed by Karen L. Bartlett. The documents fail to comply with LR 7.1-No statement of concurrence was included. File concurrence statement and link to document nos. 82, 83 and 84. The documents will remain on file. Please note that unless a document curing the defect is filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. Notice of Compliance Deadline set for 10/19/2009. (dae)
September 29, 2009 Filing 84 MOTION for Leave to File A Surreply in Opposition to Defendants' Motion to Extend Discovery Deadlines and Continue Trial Date filed by Karen L. Bartlett. Follow up on Objection on 10/19/2009. (Attachments: #1 Exhibit Surreply in Opp to M2Extend)(Jensen, Keith)
September 29, 2009 Filing 83 MOTION for Leave to File Reply in Support of Plaintiff's Motion to Quash The Depositions of Purported "Fact Witnesses" filed by Karen L. Bartlett. Follow up on Objection on 10/19/2009. (Attachments: #1 Exhibit Ps Reply in Sup of Ps M2Q)(Jensen, Keith)
September 29, 2009 Filing 82 MOTION for Leave to File Reply in Support of Plaintiff's Motion for Sanctions and Other Relief for Discovery Abuse filed by Karen L. Bartlett. Follow up on Objection on 10/19/2009. (Attachments: #1 Exhibit Reply In Support Plaintiff's M4S, #2 Exhibit A Decl of KMJ, #3 Exhibit B Let from D re Production 9.08.09, #4 Exhibit C Let from D re Production 9.3.09)(Jensen, Keith)
September 28, 2009 Filing 81 REFILED, See #83. MOTION for Leave to File Reply in Support of Plaintiff's Motion to Quash the Depositions of Purported "Fact Witnesses" filed by Karen L. Bartlett. Follow up on Objection on 10/16/2009. (Jensen, Keith) Modified on 9/30/2009 to add: REFILED, See #83. (dae).
September 25, 2009 Filing 80 REFILED, See #82. RESPONSE to Motion re #67 MOTION for Sanctions and Other Relief for Discovery Abuse Plaintiff's Motion for Leave (Unopposed) to File a Reply in Support of Plaintiff's Motion for Sanction filed by Karen L. Bartlett. (Attachments: #1 Exhibit A Declaration of Keith M Jensen, #2 Exhibit B Letter from Defendants re Production, #3 Exhibit C Letter from Defendants re Production)(Jensen, Keith) Modified on 9/30/2009 to add: REFILED, See #82.(dae).
September 25, 2009 Opinion or Order ENDORSED ORDER granting in part and denying in part #66 MOTION to Quash Depositions of Purported "Fact Witnesses." Text of Order: Denied in part and granted in part. Referencing the items in the prayer for relief on page 10 of the plaintiff's memorandum (document no. 66, exhibit 1), items a, c, d and f are denied. Item b is granted. Item e is granted to the extent the materials are in their witnesses' and counsel's possession, but production is ordered only 7 (as opposed to 10) calendar days before each such deposition. This ruling does not create "law of the case" with respect to any evidentiary rulings at trial. So Ordered by Judge Joseph N. Laplante. (jb)
September 24, 2009 Filing 79 MEMORANDUM in Support re #64 MOTION to Extend Time to Complete Discovery and Continue Trial Date Accordingly filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit (Affidavit) Declaration of Cosgrove in Support, #2 Exhibit 1 - Plaintiffs' refusal to provide dates, #3 Exhibit 2 - Out of time dep Wolfowitz, #4 Exhibit 3 - Out of time dep Ryan, #5 Exhibit 4 - Out of time deps Kim et al., #6 Exhibit 5 - Out of time dep Sardnoori, #7 Exhibit 6 - Out of time deps nurses, #8 Exhibit 7 - Out of time deps Bartlett et al., #9 Exhibit 8 - Pages of Tackett expert report, #10 Exhibit 9 - Excerpts of Salisbury & Tackett reports, #11 Exhibit 10 - Excerpts of Hyland report, #12 Proposed Order - Amended Pretrial Order)(Cosgrove, Paul)
September 24, 2009 Filing 78 Assented to MOTION for Jeffrey D. Geoppinger to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000550917.) filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Affidavit in Support of Motion)(Cosgrove, Paul)
September 24, 2009 NOTICE of ECF Filing Error re: #78 Assented to MOTION for Jeffrey D. Geoppinger to Appear Pro Hac Vice filed by United Research Laboratories, Inc., Mutual Pharmaceutical Company, Inc. The login and password used must equal the /s/ name on the pleading. Also, consistent with ECF Administrative Procedures, affidavits prepared in the context of the litigation shall be filed in electronically converted PDF format and shall contain a /s/ signature for both the signator and the notary/jurat. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. (dae)
September 24, 2009 Opinion or Order ENDORSED ORDER granting #78 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Jeffrey D. Geoppinger complete an online ECF Registration Form within 10 days. So Ordered by Judge Joseph N. Laplante. ECF Registration Deadline set for 10/13/2009. To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(jb)
September 23, 2009 Filing 77 OBJECTION to #67 MOTION for Sanctions and Other Relief for Discovery Abuse REPLACES DOCUMENT NO. 76 filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit (Affidavit) Amended Declaration in Support, #2 Exhibit 1 - Report transmittal re no ADRs, #3 Exhibit 2 - Dettery deposition report disposition mistake, #4 Exhibit 3 - Jensen reports filed but misplaced, #5 Exhibit 4 - Cosgrove re witness about reports, #6 Exhibit 5 - annual repts missing label broken pill, #7 Exhibit 6 - email complete production annual reports, #8 Exhibit 7 - plaintiff deposition home file, #9 Exhibit 8 - Plaintiff deposition notice duces tecum, #10 Exhibit 9 - Written discovery covering home file, #11 Exhibit 10 - G. Bartlett amended deposition notice, #12 Exhibit 11 - Plaintiff to dismiss G. Bartlett, #13 Exhibit 12 - Plaintiff lost deposition exhibit, #14 Exhibit 13 - Plaintiff testimony no other rashes, #15 Exhibit 14 - Plaintiff record re rash, #16 Exhibit 15 - Plaintiff supplemental responses new witnesses, #17 Exhibit 16 - Plaintiff expert excerpts reviewed reports)(Cosgrove, Paul)
September 22, 2009 Filing 76 REFILED, SEE #77 . OBJECTION to #67 MOTION for Sanctions and Other Relief for Discovery Abuse REPLACES DOCUMENT NO. 75 filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit (Affidavit) Declaration in Support of Defendants' Objection, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration, #4 Exhibit 3 to Declaration, #5 Exhibit 4 to Declaration, #6 Exhibit 5 to Declaration, #7 Exhibit 6 to Declaration, #8 Exhibit 7 to Declaration, #9 Exhibit 8 to Declaration, #10 Exhibit 9 to Declaration, #11 Exhibit 10 to Declaration, #12 Exhibit 11 to Declaration, #13 Exhibit 12 to Declaration, #14 Exhibit 13 to Declaration, #15 Exhibit 14 to Declaration, #16 Exhibit 15 to Declaration, #17 Exhibit 16 to Declaration)(Cosgrove, Paul) Modified on 9/24/2009 to add: REFILED, SEE #77 . (dae).
September 22, 2009 NOTICE of ECF Filing Error re: #75 Memorandum in Opposition to Motion for Sanctions and Other Relief for Discovery Abuse filed by United Research Laboratories, Inc., Mutual Pharmaceutical Company, Inc. Affidavit and Exhibits added as one PDF document. Filer shall refile the main pleading and all exhibits in one entry as separate PDF documents and enter in the docket text: Replaces document no. 75. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. Notice of Compliance Deadline set for 10/5/2009. (dae)
September 21, 2009 Filing 75 REFILED, See #76 . MEMORANDUM in Opposition re #67 MOTION for Sanctions and Other Relief for Discovery Abuse filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit (Affidavit) Declaration of Paul J. Cosgrove iso Objection/Response to Plaintiffs' Motion for Sanctions)(Cosgrove, Paul) Modified on 9/23/2009 to add: REFILED, See #76 . (dae).
September 18, 2009 NOTICE of ECF Filing Error re: #73 Affidavit in Opposition to Motion to Quash Deposition filed by United Research Laboratories, Inc., Mutual Pharmaceutical Company, Inc. Document should have been filed as an attachment to the main document (AP 2.5(a)) - to the Memo In Opposition, Doc. #72 . NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. (dae)
September 18, 2009 Opinion or Order ENDORSED ORDER re #74 Notice of Intent to Reply to Objection to #64 Motion to Extend Time to Complete Discovery and Continue Trial Date Accordingly. Text of Order: In response to the notice of intent to reply provided September 17 by the defendants, the court will accept the reply no later than September 24, and grants leave to file (but does not require or encourage) a surreply, limited to issues and arguments advanced in the reply, to be filed no later than October 1. So ordered. Signed by Judge Joseph N. Laplante. (jb)
September 17, 2009 Filing 74 Notice of Intent to Reply to Objection to #64 MOTION to Extend Time to Complete Discovery and Continue Trial Date Accordingly. Follow up on Reply on 10/5/2009. (Maichl, Linda)
September 17, 2009 Filing 73 AFFIDAVIT in Opposition re #66 MOTION to Quash Depositions of Purported "Fact Witnesses" of Joseph P. Thomas filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit 1 - Plaintiffs' supplemental answers, #2 Exhibit 2 - Testimony of Leo Lane DO, #3 Exhibit 3 - Testimony of Karen Mello MD, #4 Exhibit 4 - Testimony of Claes Dohlman MD, #5 Exhibit 5 - Testimony of Robert Dettery, #6 Exhibit 6 - Testimony of Joel Stein MD, #7 Exhibit 7 - Vosburgh v Bourassa, #8 Exhibit 8 - General Electric v DirecTV, #9 Exhibit 9 - Osprey Ship v Jackson County)(Maichl, Linda)
September 17, 2009 Filing 72 MEMORANDUM in Opposition re #66 MOTION to Quash Depositions of Purported "Fact Witnesses" filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Maichl, Linda)
September 16, 2009 Filing 71 RESPONSE to Motion re #64 MOTION to Extend Time to Complete Discovery and Continue Trial Date Accordingly filed by Karen L. Bartlett. (Attachments: #1 Exhibit 1 Agmt Take Depo Beyond Deadline, #2 Exhibit 2 Cancelling Deps 1 day Notice, #3 Exhibit 3 Mutual No-Show June Deposition)(Jensen, Keith)
September 15, 2009 Opinion or Order Filing 70 ORDER re deposition of Dr. Colleen Ryan - she will make herself available for a deposition in this case on or before 9/28/09. Signed by Judge Joseph N. Laplante. (dae)
September 15, 2009 Filing 69 Proposed Order re Ryan Depo - Form approved by Counsel for both parties by Karen L. Bartlett (Jensen, Keith)
September 15, 2009 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 9/15/2009. (Pltfs Atty: Keith Jensen, Timothy Beaupre) (Defts Atty: Joseph Thomas, Stephen Judge)(Total Hearing Time: 30 minutes) (dae)
September 15, 2009 NOTICE of Hearing as to case participants Keith Jensen and Joseph Thomas only. Telephone Conference re: Deposition issue set for 9/15/2009 11:00 AM before Judge Joseph N. Laplante. The court will initiate the call. (cmp)
September 11, 2009 Filing 68 Exhibit Corrected Ex21 5.20.87 app date 2.1.08 aware of Bartlett date to #67 MOTION for Sanctions and Other Relief for Discovery Abuse by Karen L. Bartlett. (Jensen, Keith)
September 8, 2009 Filing 67 MOTION for Sanctions and Other Relief for Discovery Abuse filed by Karen L. Bartlett. Follow up on Objection on 9/25/2009. (Attachments: #1 Memorandum of Law, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21 (See Corrected Exhibit at Doc. #68 ), #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25)(Jensen, Keith) Modified on 9/14/2009 to add: Corrected Exhibit language (dae).
September 4, 2009 Filing 66 MOTION to Quash Depositions of Purported "Fact Witnesses" filed by Karen L. Bartlett. Follow up on Objection on 9/24/2009. (Attachments: #1 Memorandum of Law, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(Jensen, Keith)
September 4, 2009 Opinion or Order ENDORSED ORDER #65 re Letter to Judge Laplante. Text of Order: The letter is stricken pursuant to Local Rule 77.6. The court ascribes no ill intent to counsel in sending the letter; rather, the court asumes that counsel was simply unfamiliar with the Local Rule. Signed by Judge Joseph N. Laplante. (jb)
September 3, 2009 Filing 65 Document stricken by Joseph N. Laplante on 9/4/09. Letter to Judge LaPlante by Karen L. Bartlett (Jensen, Keith) Modified on 9/4/2009 to add: stricken language (dae).
September 3, 2009 Filing 64 MOTION to Extend Time to Complete Discovery and Continue Trial Date Accordingly filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 9/21/2009. (Attachments: #1 Proposed Order Proposed Order Extending Discovery Deadlines by 60 Days and Continuing Trial Date Accordingly)(Cosgrove, Paul)
September 3, 2009 Filing 63 NOTICE of Attorney Appearance by Timothy P. Beaupre on behalf of Karen L. Bartlett, Gregory S. Bartlett (Beaupre, Timothy)
August 26, 2009 Minute Order for proceedings held before Judge Joseph N. Laplante: MOTION HEARING held on 8/26/2009 re #44 MOTION to Dismiss Based on Federal Preemption. Court Order: Motion to Dismiss #44 denied. Written order to issue. (Court Reporter: Diane Churas) (Pltfs Atty: Keith Jensen, Bryan Ballew, Christine Craig) (Defts Atty: Joseph Thomas, Stephen Judge)(Total Hearing Time: 2 hours 9 minutes) (dae)
August 19, 2009 Filing 62 NOTICE of Post-Briefing Authorities by Karen L. Bartlett. (Jensen, Keith)
August 19, 2009 NOTICE of ECF Filing Error re: #61 Miscellaneous Filing, #59 Miscellaneous Filing, and #60 Miscellaneous Filing filed by Mutual Pharmaceutical Company, Inc. The login and password used must equal the /s/ name on the pleading. Filer also used the wrong events. Filer should have used Other Filings, Notices, Attorney Appearance and Attorney Withdrawal. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. (dae)
August 18, 2009 Filing 61 notice of withdrawal Scheer by Mutual Pharmaceutical Company, Inc. (Judge, Stephen)
August 18, 2009 Filing 60 notice of withdrawal Friberg by Mutual Pharmaceutical Company, Inc. (Judge, Stephen)
August 18, 2009 Filing 59 notice of appearance by Mutual Pharmaceutical Company, Inc. (Judge, Stephen)
August 17, 2009 NOTICE re: #44 MOTION to Dismiss Based on Federal Preemption. Motion Hearing set for 8/26/2009 02:00 PM before Judge Joseph N. Laplante. (dae)
August 10, 2009 Opinion or Order ENDORSED ORDER Text of Order: The court has undertaken active consideration of the defendant's motion to dismiss based on federal preemption, with the intention of issuing an order on the motion during late August or early September. It is the court's practice to hear oral argument on all dispositive motions, but if NEITHER party desires oral argument (which does not apprear to be the case based on the filings thus far), counsel are asked to so notify the Deputy Clerk as soon as practicable and the court will issue an order based on the filings. Further, if there is any reason that the court should not actively consider the motion at this time (such as an imminent settlement or planned, potentially successful mediation), counsel are requested to immediately notify the Deputy Clerk. Signed by Judge Joseph N. Laplante. (Laplante, Joseph)
May 1, 2009 Opinion or Order ENDORSED ORDER granting #57 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Bryan Ballew completes an online ECF Registration Form within 10 days. So Ordered by Judge Joseph N. Laplante. ECF Registration Deadline set for 5/18/2009. To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(jb)
April 30, 2009 Filing 58 Addendum/Statement of Concurrence to #57 MOTION for Bryan Ballew to Appear Pro Hac Vice by Karen L. Bartlett, Gregory S. Bartlett. (Craig, Christine) Modified on 5/1/2009 to take out duplicate text. (dae).
April 30, 2009 ACTION REQUIRED - NOTICE Nonconforming Document re #57 MOTION for Bryan Ballew to Appear Pro Hac Vice filed by Gregory S. Bartlett, Karen L. Bartlett. The document fails to comply with LR 7.1-No statement of concurrence was included. File concurrence statement as addendum using the Other Documents/Addendum event and link to document no. 57. The document will remain on file. Please note that unless a document curing the defect is filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. As a reminder: Consistent with ECF Administrative Procedures, in the future affidavits prepared in the context of the litigation shall be filed in an electronically converted PDF format and shall contain a /s/ signature for both the signator and the notary/jurat. Notice of Compliance Deadline set for 5/18/2009. (dae)
April 29, 2009 Filing 57 MOTION for Bryan Ballew to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000508046.) filed by Karen L. Bartlett, Gregory S. Bartlett. Follow up on Objection on 5/18/2009. (Attachments: #1 Affidavit of Bryan Ballew)(Craig, Christine)
March 25, 2009 Filing 56 BRIEF/MEMORANDUM re Order on Motion for Leave to File, Supplemental Memorandum Concerning Supplemental Authority in Support of Motion to Dismiss by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc. (Maichl, Linda) Modified on 3/25/2009 to add: docket relationship to Motion #44 (dae)
March 24, 2009 Opinion or Order ENDORSED ORDER granting #55 Motion for Leave to File Supplemental Memorandum Concerning Supplemental Authority in Support of Motion to Dismiss Instanter. Text of Order: Granted pursuant to Local Rule 7.1(b), as there is no objection. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Joseph N. Laplante. (jb)
March 6, 2009 Filing 55 MOTION for Leave to File Supplemental Memorandum Concerning Supplemental Authority in Support of Motion to Dismiss Instanter filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 3/23/2009. (Attachments: #1 Exhibit 1-1 Levine v. Wyeth, #2 Exhibit 1-2 Levine v. Wyeth, #3 Exhibit 2 Morris v. Wyeth Notice et al.)(Maichl, Linda)
February 18, 2009 Filing 54 NOTICE of Request for Oral Argument on Motion to Dismiss Based on Federal Preemption and L.R. 7.1(d) Written Statement in Support by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
February 18, 2009 Opinion or Order ENDORSED ORDER #54 Notice of Request for Oral Argument on Motion to Dismiss Based on Federal Preemption and L.R. 7.1(d) Written Statement in Support. Text of Order: The court hears oral argument on all dispositive motions. Consistent with its customary practice, the court will schedule the argument once it takes up active consideration of the motion. Signed by Judge Joseph N. Laplante. (jb)
January 27, 2009 Motions terminated/withdrawn per Doc. #53 . : #37 MOTION to Compel Discovery filed by Gregory S. Bartlett, Karen L. Bartlett. Hearing scheduled for 1/29/09 canceled. (dae)
January 27, 2009 Filing 53 NOTICE of Hearing 1.29.09 by Gregory S. Bartlett. (Jensen, Keith)
January 23, 2009 Filing 52 REPLY to Objection to Motion re #44 MOTION to Dismiss Based on Federal Preemption filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Maichl, Linda)
January 21, 2009 RESCHEDULING NOTICE of Motion Hearing re: #37 MOTION to Compel Discovery. Motion Hearing reset for 1/29/2009 10:00 AM (from 1/22/09) before Judge Joseph N. Laplante. Two calendar days before the scheduled hearing, the parties shall jointly submit a list of still-disputed interrogatories and document requests, with each party's respective position set forth after each listed request. Although the court has formed certain opinions based on the parties' written submissions thus far, it suspends final judgment until the hearing. Counsel should anticipate, however, that positions deemed unreasonable by the court at the hearing will result in commensurate awards of attorneys' fees and costs. (dae)
January 6, 2009 Filing 51 Notice of Intent to Reply to Objection to #44 MOTION to Dismiss Based on Federal Preemption. Follow up on Reply on 1/26/2009. (Maichl, Linda)
January 6, 2009 NOTICE of ECF Filing Error re: #50 Response to Motion to Dismiss filed by Karen L. Bartlett. Consistent with ECF Administrative Procedures, affidavits prepared in the context of the litigation shall be filed in electronically converted PDF format and shall contain a /s/ signature for both the signator and the notary/jurat. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. (dae)
January 5, 2009 Filing 50 RESPONSE to Motion re #44 MOTION to Dismiss Based on Federal Preemption filed by Karen L. Bartlett. (Attachments: #1 Memorandum of Law Memorandum of Law, #2 Exhibit (Affidavit) Exhibit (Affidavit) of Keith M. Jensen, #3 Exhibit #1 2005 FDA mandated label Sulindac, #4 Exhibit #2 Kellogg v Wyeth, #5 Exhibit #3 FDA Science & Mission at Risk, #6 Exhibit #4 Dr. Cassell Testimony co author FDA at Risk, #7 Exhibit #5 Congressional Investigators, #8 Exhibit #6 GAO Report, #9 Exhibit #7 21 USC 355, #10 Exhibit #8 21 USC all rule of Const, #11 Exhibit #9 21 CFR 601.12, #12 Exhibit #10 21 CFR 314.70 thru 4.04, #13 Exhibit #11 21 CFR 314.70 2006, #14 Exhibit #12 Thomas' Losing Reply in Kellogg, #15 Exhibit #13 21 CFR 201.57 '90-'05, #16 Exhibit #14 21 CFR 314.70 2006, #17 Exhibit #15 21 CFR 314.97 '04, #18 Exhibit #16 21 CFR 314.97 '07, #19 Exhibit #17 Congress Letter 2.23.06, #20 Exhibit #18 Barnhill 2007, #21 Exhibit #19 Kelly 2007, #22 Exhibit #20 Laisure, #23 Exhibit #21 Zikis, #24 Exhibit #22 Delahoussaye 2007, #25 Exhibit NEJM Amicus Brief in Levine, #26 Exhibit #24 10.85 Advisory Opinions)(Jensen, Keith)
January 5, 2009 Oral NOTICE by Attorney Jensen in response to court order re Motion to Compel on behalf of by Karen L. Bartlett, et al: Counsel conferred on 1/2/09 for approximately 2 3/4 hours in an attempt to resolve the Motion. Attorney Jensen is awaiting a transcript of the 1/2/09 conference, documents and affidavits after which he will inform the court what still needs to be ruled on. Hearing to be scheduled. (dae)
January 5, 2009 NOTICE re: #37 MOTION to Compel Discovery (counsel to notify the court what remains to be decided). Motion Hearing set for 1/22/2009 10:00 AM before Judge Joseph N. Laplante. (dae)
December 30, 2008 Filing 49 NOTICE of Attorney Appearance by Marc R. Scheer on behalf of Mutual Pharmaceutical Company, Inc. and United Research Laboratories, Inc. (Scheer, Marc)
December 19, 2008 Opinion or Order Filing 48 ORDER re #37 Motion to Compel. Counsel to meet as outlined. Hearing to be held if necessary in January; counsel to notify deputy clerk on or before 1/5/09. ( Miscellaneous Deadline set for 1/5/2009.) Signed by Judge Joseph N. Laplante. (dae)
December 11, 2008 Filing 47 OBJECTION to #37 MOTION to Compel Discovery and Response to Motion to Compel Discovery/Overrule Objections filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Memorandum of Law In Support of Defendants' Objection and Response to Plaintiffs' Motion to Compel/Overrule, #2 Exhibit (Affidavit) Decl. In Support of Defendants' Objection and Response to Plaintiffs' Motion to Compel/Overrule)(Cosgrove, Paul)
December 3, 2008 Filing 46 Exhibit 28 - Changes in Labeling of ANDAs to #44 MOTION to Dismiss Based on Federal Preemption, #45 Exhibit,,,, by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit 29 - Demahy v Wyeth, #2 Exhibit 30 - Kelly v. Wyeth, #3 Exhibit 31 - Laisure-Radke v Par, #4 Exhibit 32 - Sharp v. Leichus, #5 Exhibit 33 - Goldych v. Eli Lilly, #6 Exhibit 34 - Mensing v. Wyeth I, #7 Exhibit 35 - Mensing v Wyeth II, #8 Exhibit 36 - McKenney v. Purepac, #9 Exhibit 37 - Morris v. Wyeth, #10 Exhibit 38 - Smith v. Wyeth, #11 Exhibit 39 - Wilson v. Wyeth, #12 Exhibit 40 - Bolin v. SmithKline, #13 Exhibit 41 - Masterson v. Apotex, #14 Exhibit 42 - Valerio v. SmithKline, #15 Exhibit 43 - Gaeta v. Perrigo Pharmaceuticals, #16 Exhibit 44 - Conte v. Wyeth 2-20-07, #17 Exhibit 45 - Conte v. Wyeth 9-14-06)(Maichl, Linda)
December 3, 2008 Filing 45 Exhibit 15-1 - 44 Fed Reg 37434 to #44 MOTION to Dismiss Based on Federal Preemption by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit 15-2 - 44 Fed Reg 37434, #2 Exhibit 16-1 - 65 Fed Reg 81082, #3 Exhibit 16-2 - 65 Fed Reg 81082, #4 Exhibit 17-1 - 54 Fed Reg 28872, #5 Exhibit 17-2 - 54 Fed Reg 28872, #6 Exhibit 17-3 - 54 Fed Reg 28872, #7 Exhibit 17-4 - 54 Fed Reg 28872, #8 Exhibit 18 - Guidance for Industry November 1999, #9 Exhibit 19 - Guidance for Industry May 2000, #10 Exhibit 20 - 30 Fed Reg 993, #11 Exhibit 21 - 73 Fed Reg 2848, #12 Exhibit 22-1 - 47 Fed Reg 46622, #13 Exhibit 22-2 - 47 Fed Reg 46622, #14 Exhibit 23 - FDA Amicus Colacicco 5-10-06, #15 Exhibit 24 - FDA Amicus Colacicco 12-4-06, #16 Exhibit 25 - FDA Letter Brief Perry, #17 Exhibit 26 - 73 Fed Reg 49603, #18 Exhibit 27-1 - FDA Amicus Wyeth v Levine, #19 Exhibit 27-2 - FDA Amicus Wyeth v Levine)(Maichl, Linda)
December 3, 2008 Filing 44 MOTION to Dismiss Based on Federal Preemption filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 12/22/2008. (Attachments: #1 Memorandum of Law in Support of Defendants' Motion to Dismiss Based on Federal Preemption, #2 Exhibit (Affidavit) of Linda E. Maichl in Support of Motion to Dismiss Based on Federal Preemption, #3 Exhibit 1 - drug approval history, #4 Exhibit 2 - P.L. 98-417, #5 Exhibit 3-1 - New Drug Application 1983, #6 Exhibit 3-2 - New Drug Application 1983, #7 Exhibit 4-1 - Drug Price Competition 9-6-84, #8 Exhibit 4-2 - Drug Price Competition 9-6-84, #9 Exhibit 5 - Drug Price Competition 9-12-84, #10 Exhibit 6-1 - 57 Fed Reg 17950, #11 Exhibit 6-2 - 57 Fed Reg 17950, #12 Exhibit 7 - 48 Fed Reg 2751, #13 Exhibit 8 - A Special Report from FDA, #14 Exhibit 9 - FDA's CDER Handbook, #15 Exhibit 10-1 - 50 Fed Reg 7452, #16 Exhibit 10-2 - 50 Fed Reg 7452, #17 Exhibit 10-3 - 50 Fed Reg 7452, #18 Exhibit 11 - Postmarketing Surveillance Programs, #19 Exhibit 12 - 21 C.F.R. 201.56, #20 Exhibit 13 - 21 C.F.R. 201.57, #21 Exhibit 14 - 71 Fed Reg 3922)(Maichl, Linda) Modified on 9/30/2009 to add: (kat).
December 3, 2008 Motions terminated: #40 MOTION to Dismiss filed by United Research Laboratories, Inc., Mutual Pharmaceutical Company, Inc. Motion has been refiled as Documents #44 , #45 , #46 . (dae)
December 2, 2008 Opinion or Order ENDORSED ORDER denying #27 Motion for Protective Order. Text of Order: Denied. Plaintiff's version of the proposed protective order, Exhibit #2 to Document #31, is adopted. If the 20-day deadline is not sufficient with respect to an ANDA or any other produced document, the producing party may request leave for an appropriate extension upon a verified showing of good cause. Further, the court notes that neither pary requested leave to file what were in effect a reply (Document #36) and a surreply (Document #38). While the court considered those filings, and did not strike them, counsel are requested to observe the Local Rules regarding "follow up" filings going forward. So Ordered by Judge Joseph N. Laplante. (jb)
December 1, 2008 Opinion or Order ENDORSED ORDER granting in part and denying in part #29 Motion for Leave to File Memorandum in Support of Motion to Dismiss. Text of Order: Granted in part. An extension is not unreasonable, but the length of the requested extension is excessive. Both parties' briefs shall be limited to 32 pages. The plaintiff need not file for leave. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Joseph N. Laplante. (jb)
December 1, 2008 Opinion or Order ENDORSED ORDER mooting #28 Motion to Amend Court's October 21, 2008, Pretrial Scheduling Order with Proposed Amended Order on behalf of all parties. Text of Order: Moot. So Ordered by Judge Joseph N. Laplante. (jb)
November 28, 2008 Filing 43 Notice of Intent to Reply to Objection to #27 MOTION for Protective Order and Plaintiffs' Response to Defendants' Conditional Waiver of Objection to Plaintiffs' Version of Para. 1(e) of the Proposed Protective Order. Follow up on Reply on 12/15/2008. (Cosgrove, Paul)
November 26, 2008 Filing 42 EXHIBITS REFILED, SEE #46. Exhibit 28 - Changes in Labeling of ANDAs to #40 MOTION to Dismiss, #41 Exhibit,,, by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit 29 - Demahy v Wyeth, #2 Exhibit 30 - Kelly v Wyeth, #3 Exhibit 31 - Laisure-Radke v Par Pharmaceuticals, #4 Exhibit 32 - Sharp v Leichus, #5 Exhibit 33 - Goldych v Eli Lilly, #6 Exhibit 34 - Mensing 562 F Supp 2d 1056, #7 Exhibit 35 - Mensing 10-30-08, #8 Exhibit 36 - McKenney v Purepac, #9 Exhibit 37 - Morris v Wyeth, #10 Exhibit 38 - Smith v Wyeth, #11 Exhibit 39 - Wilson v Wyeth, #12 Exhibit 40 - Bolin v SmithKline, #13 Exhibit 41 - Masterson v Apotex, #14 Exhibit 42 - Valerio v SmithKline, #15 Exhibit 43 - Gaeta v. Perrigo, #16 Exhibit 44 - Conte v Wyeth 2-20-07, #17 Exhibit 45 - Conte v Wyeth 9-14-06)(Maichl, Linda) Modified on 12/3/2008 to add: EXHIBITS REFILED, SEE #46. (dae).
November 26, 2008 Filing 41 EXHIBITS REFILED, SEE #45. Exhibit 15-1 - 44 Fed Reg 37434 to #40 MOTION to Dismiss by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit 15-2 - 44 Fed Reg 37434, #2 Exhibit 16-1 - 65 Fed Reg 81082, #3 Exhibit 16-2 - 65 Fed Reg 81082, #4 Exhibit 17-1 - 54 Fed Reg 28872, #5 Exhibit 17-2 - 54 Fed Reg 28872, #6 Exhibit 17-3 - 54 Fed Reg 28872, #7 Exhibit 17-4 - 54 Fed Reg 28872, #8 Exhibit 18 - Guidance for Industry November 1999, #9 Exhibit 19 - Guidance for Industry May 2000, #10 Exhibit 20 - 30 Fed Reg 993, #11 Exhibit 21 - 73 Fed Reg 2848, #12 Exhibit 22-1 - 47 Fed Reg 46622, #13 Exhibit 22-2 - 47 Fed Reg 46622, #14 Exhibit 23 - FDA Amicus Colacicco 5-10-06, #15 Exhibit 24 - FDA Amicus Colacicco 12-4-06, #16 Exhibit 25 - FDA Letter Brief Perry/Novaritis, #17 Exhibit 26 - 73 Fed Reg 49603, #18 Exhibit 27-1 - FDA Amicus Wyeth v Levine, #19 Exhibit 27-2 - FDA Amicus Wyeth v Levine)(Maichl, Linda) Modified on 12/3/2008 to add: EXHIBITS REFILED, SEE #45.(dae).
November 26, 2008 Filing 40 MOTION REFILED, SEE #44. MOTION to Dismiss filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 12/15/2008. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Exhibit (Affidavit) Linda E. Maichl, #3 Exhibit 1 - Drug Approval, #4 Exhibit 2 - P.L. 98-417, #5 Exhibit 3-1 - New Drug Application 1983, #6 Exhibit 3-2 - New Drug Application 1983, #7 Exhibit 4-1 - Drug Price Competition 9-6-84, #8 Exhibit 4-2 - Drug Price Competition 9-6-84, #9 Exhibit 5 - Drug Price Competition 9-12-84, #10 Exhibit 6-1 - 57 Fed Reg 17950, #11 Exhibit 6-2 - 57 Fed Reg 17950, #12 Exhibit 7 - 48 Fed Reg 2751, #13 Exhibit 8 - A Special Report, #14 Exhibit 9 - FDA's The CDER Handbook, #15 Exhibit 10-1 - 50 Fed Reg 7452, #16 Exhibit 10-2 - 50 Fed Reg 7452, #17 Exhibit 10-3 - 50 Fed Reg 7452, #18 Exhibit 11 - Postmarketing Surveillance Programs, #19 Exhibit 12 - 21 C.F.R. 201.56, #20 Exhibit 13 - 21 C.F.R. 201.57, #21 Exhibit 14 - 71 Fed Reg 3922)(Maichl, Linda) Modified on 12/3/2008 to add: MOTION REFILED, SEE #44.(dae).
November 25, 2008 Filing 39 NOTICE of Attorney Withdrawal by D. Michael Noonan on behalf of Karen L. Bartlett, Gregory S. Bartlett (Noonan, D.)
November 24, 2008 Filing 38 Objection to #36 Reply to Objection to Motion, filed by Karen L. Bartlett, Gregory S. Bartlett. (Attachments: #1 Memorandum of Law Memorandum Supporting Objection, #2 Exhibit Email Exchange between Jensen and Cosgrove)(O'Neal, Patrick)
November 24, 2008 TRIAL NOTICE - RESCHEDULED: LR 16.2(d) Objections due 3/18/2010. Jury Trial reset for two-week period beginning 4/6/2010 09:30 AM (from 1/5/2010) before Judge Joseph N. Laplante. Final Pretrial Conference reset for 3/25/2010 11:00 AM (from 12/22/2009) before Judge Joseph N. Laplante. Pretrial Statements due 3/4/2010. (dae)
November 21, 2008 Opinion or Order ENDORSED ORDER granting #33 Motion to Continue Trial to April 2007 to Conform Trial Date to Agreed Deadlines as Submitted with previously filed Assented to Motion for Entry of Amended Pretrial Order. Text of Order: Granted. Although the court understands the plaintiff''s desire to move the case along expeditiously, it makes no sense to establish a summary judgment deadline that predates the deadline for completion of expert discovery. So Ordered by Judge Joseph N. Laplante. (jb)
November 21, 2008 Filing 37 MOTION to Compel Discovery filed by Karen L. Bartlett, Gregory S. Bartlett. Follow up on Objection on 12/11/2008. (Attachments: #1 Memorandum of Law In support of Motio to Compel, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2)(O'Neal, Patrick)
November 21, 2008 Filing 36 REPLY to Objection to Motion re #27 MOTION for Protective Order /Notice of Conditional Waiver of Objection to Plaintiffs' Version of Paragraph 1(e) of the Proposed Protective Order filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit Declaration for Conditional Waiver of Objection to Plaintiffs' Version of Para. 1(e) of Proposed Protective Order)(Cosgrove, Paul)
November 21, 2008 Filing 35 Subpoena to FDA by Karen L. Bartlett, Gregory S. Bartlett (O'Neal, Patrick)
November 19, 2008 NOTICE of ECF Filing Error: Exhibits in Support of #33 Supplemental MOTION to Continue Trial to April 2007 to Conform Trial Date to Agreed Deadlines as Submitted with previously filed Assented to Motion for Entry of Amended Pretrial Order filed by United Research Laboratories, Inc., Mutual Pharmaceutical Company, Inc. Exhibits in Support of Cosgrove Declaration should have been filed as separate attachments (AP 2.5(a)). NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. (dae)
November 18, 2008 Filing 34 OBJECTION to #33 Supplemental MOTION to Continue Trial to April 2007 to Conform Trial Date to Agreed Deadlines as Submitted with previously filed Assented to Motion for Entry of Amended Pretrial Order filed by Karen L. Bartlett, Gregory S. Bartlett. (Jensen, Keith)
November 18, 2008 Filing 33 Supplemental MOTION to Continue Trial to April 2007 to Conform Trial Date to Agreed Deadlines as Submitted with previously filed Assented to Motion for Entry of Amended Pretrial Order filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 12/8/2008. (Attachments: #1 Memorandum of Law Supporting Defendants' Motion to Conform Trial Date to Agreed Deadlines As Submitted with Assented to Motion for Entry of Pretrial Order, #2 Proposed Order Conforming Trial Date to Agreed Deadlines As Submitted with Assented to Motion for Entry of Am. Pretrial Order, #3 Exhibit (Affidavit) Declaraton of Paul J. Cosgrove in Support of Motion to Conform Trial Date to Agreed Deadlines as Submitted with Assented to Motion for Am. Pretrial Order)(Cosgrove, Paul)
November 18, 2008 Filing 32 OBJECTION to #29 MOTION for Leave to File Memorandum Exceeding Page Limit of Local Rule 7.1 filed by Karen L. Bartlett, Gregory S. Bartlett. (Attachments: #1 Memorandum of Law Memorandum in Support of Objection)(O'Neal, Patrick)
November 18, 2008 Filing 31 OBJECTION to #27 MOTION for Protective Order filed by Karen L. Bartlett, Gregory S. Bartlett. (Attachments: #1 Proposed Order Proposed Protective Order)(O'Neal, Patrick)
November 14, 2008 NOTICE of ECF Filing Error re: #30 Memorandum in Support of Motion for Leave to File Memorandum Exceeding Page Limit filed by United Research Laboratories, Inc., Mutual Pharmaceutical Company, Inc. Document should have been filed as an attachment to the main document (AP 2.5(a)) - to the Motion for Leave to File. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423. (dae)
November 13, 2008 Filing 30 MEMORANDUM in Support re #29 MOTION for Leave to File Memorandum Exceeding Page Limit of Local Rule 7.1 filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Maichl, Linda)
November 13, 2008 Filing 29 MOTION for Leave to File Memorandum Exceeding Page Limit of Local Rule 7.1 filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 12/1/2008. (Attachments: #1 Exhibit 1 - Memorandum in Support of Motion to Dismiss based on Federal Preemption)(Maichl, Linda)
November 10, 2008 Filing 28 Assented to MOTION to Amend Court's October 21, 2008, Pretrial Scheduling Order with Proposed Amended Order on behalf of all parties filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul)
November 10, 2008 Filing 27 MOTION for Protective Order filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 11/28/2008. (Attachments: #1 Proposed Order [Proposed] Protective Order)(Cosgrove, Paul)
October 27, 2008 Opinion or Order ENDORSED ORDER granting #26 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Linda F. Maichl completes at online ECF Registration Form within 10 days. So Ordered by Judge Joseph N. Laplante. Notice of Compliance Deadline set for 11/13/2008. To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(jb)
October 24, 2008 Filing 26 Assented to MOTION for Linda F. Maichl to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000453322.) filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit (Affidavit) Linda F. Maichl, Esq.)(Friberg, John)
October 24, 2008 Corrective Entry to #24 Pretrial Order. Entry corrected by adding the following text: Discovery Plan #22 approved with changes as outlined. (dae)
October 22, 2008 Filing 25 NOTICE of Attorney Withdrawal by Leslie C. Nixon on behalf of Karen L. Bartlett, Gregory S. Bartlett (Nixon, Leslie)
October 22, 2008 TRIAL NOTICE: LR 16.2(d) Objections due 12/15/09. Jury Trial set for the two-week period beginning 1/5/2010 09:30 AM before Judge Joseph N. Laplante. Final Pretrial Conference set for 12/22/2009 11:00 AM before Judge Joseph N. Laplante. Pretrial Statements due 12/1/2009. (dae)
October 21, 2008 Opinion or Order Filing 24 ///PRETRIAL ORDER. Claims against Brooks Pharmacy/Maxi Drug are dismissed. Length of Trial 12 days.Discovery Plan #22 approved with changes as outlined. Summary Judgment Motions due by 7/21/2009. Dispositive Motion Filing Deadline 11/30/2009. Trial 1/2010. Affirmative defenses stricken w/o prejudice as outlined. Signed by Judge Joseph N. Laplante. (dae) Modified on 10/24/2008 to add: Discovery Plan #22 approved with changes as outlined. and to add: relationship to Doc. #22 (dae).
October 16, 2008 Minute Entry for proceedings held before Judge Joseph N. Laplante. PRETRIAL CONFERENCE held on 10/16/2008. Order to issue. (Pltfs Atty: Christine Craig; Keith Jensen and Patrick O'Neal (telephonically)) (Defts Atty: John Friberg, Joseph Thomas)(Total Hearing Time: 1 hour 5 minutes) (dae)
October 15, 2008 Filing 23 Letter to Clerk from Attorney Craig re: 10/16/08 pretrial participants by phone (dae)
October 10, 2008 Filing 22 Proposed Discovery Plan per Fed. R. Civ. P. 26(f) and Court's Notice of Pretrial Conference filed by Karen L. Bartlett, Gregory S. Bartlett, Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc., Brooks Pharmacy. (Cosgrove, Paul)
October 10, 2008 Filing 21 NOTICE of Appearance by Brooks Pharmacy. (Friberg, John)
October 7, 2008 Filing 20 Notice to Substitute Attorney. Added attorney Joseph P. Thomas and Paul J. Cosgrove. Attorney Mark W. Shaughnessy terminated. (Cosgrove, Paul)
October 7, 2008 Opinion or Order Filing 19 ORDER re Preliminary Pretrial Conference scheduled for 10/16 at 11AM. Signed by Judge Joseph N. Laplante. (dae)
October 1, 2008 Opinion or Order ENDORSED ORDER granting #14 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Patrick J. O'Neal completes an online ECF Registration Form within 10 days. So Ordered by Judge Joseph N. Laplante. Notice of Compliance Deadline set for 10/20/2008. To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(jb)
October 1, 2008 Opinion or Order ENDORSED ORDER granting #13 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Keith M. Jensen completes an online ECF Registration Form within 10 days. So Ordered by Judge Joseph N. Laplante. Notice of Compliance Deadline set for 10/20/2008. To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(jb)
October 1, 2008 Filing 18 AFFIDAVIT re #14 Assented to MOTION for Patrick J. O'Neal to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000443921.) filed by Karen L. Bartlett, Gregory S. Bartlett (Noonan, D.)
October 1, 2008 Filing 17 AFFIDAVIT re #13 Assented to MOTION for Keith M. Jensen to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000443897.) filed by Karen L. Bartlett, Gregory S. Bartlett (Noonan, D.)
October 1, 2008 Opinion or Order ENDORSED ORDER granting #15 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Joseph P. Thomas completes at online ECF Registration Form within 10 days. So Ordered by Judge Joseph N. Laplante. Notice of Compliance Deadline set for 10/20/2008. To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(jb)
October 1, 2008 Opinion or Order ENDORSED ORDER granting #16 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Paul J. Cosgrove completes at online ECF Registration Form within 10 days. So Ordered by Judge Joseph N. Laplante. Notice of Compliance Deadline set for 10/20/2008. To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(jb)
October 1, 2008 NOTICE of ECF Filing Error re: #15 Assented to MOTION for Joseph P. Thomas to Appear Pro Hac Vice and #16 Assented to MOTION for Paul J. Cosgrove to Appear Pro Hac Vice filed by United Research Laboratories, Inc., Mutual Pharmaceutical Company, Inc. Consistent with ECF Administrative Procedures, affidavits prepared in the context of the litigation shall be filed in electronically converted PDF format and shall contain a /s/ signature for both the signator and the notary/jurat. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. (dae)
September 30, 2008 Filing 16 Assented to MOTION for Paul J. Cosgrove to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000445633.) filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit (Affidavit) Paul J. Cosgrove)(Friberg, John)
September 30, 2008 Filing 15 Assented to MOTION for Joseph P. Thomas to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000445592.) filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: #1 Exhibit (Affidavit) Jospeh P. Thomas, Esq.)(Friberg, John)
September 25, 2008 Filing 14 Assented to MOTION for Patrick J. O'Neal to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000443921.) filed by Karen L. Bartlett, Gregory S. Bartlett. (Noonan, D.)
September 25, 2008 Filing 13 Assented to MOTION for Keith M. Jensen to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000443897.) filed by Karen L. Bartlett, Gregory S. Bartlett. (Noonan, D.)
September 25, 2008 ACTION REQUIRED - NOTICE Nonconforming Document re #13 Assented to MOTION for Keith M. Jensen to Appear Pro Hac Vice and #14 Assented to MOTION for Patrick J. O'Neal to Appear Pro Hac Vice filed by Gregory S. Bartlett, Karen L. Bartlett. The documents fail to comply with LR 83.2 - Motion for admission pro hac vice must be accompanied by an affidavit. File affidavit using the Other Documents/Affidavit event and link to document nos. 13 and 14 respectively. The documents will remain on file. Please note that unless documents curing the defects are filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. Notice of Compliance Deadline set for 10/14/2008. (dae)
September 19, 2008 NOTICE of ECF Filing Error re: #10 Answer to Complaint (Notice of Removal) filed by Brooks Pharmacy. Document is improperly formatted: main documents must be filed in a PDF text searchable format (AP 2.3(a)). Filer shall refile and add to docket text: Replaces document no. 10. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. Notice of Compliance Deadline set for 10/3/2008. (dae)
September 19, 2008 NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 10/16/2008 11:00 AM before Judge Joseph N. Laplante. Follow up on Discovery Plan 10/10/2008. The preliminary pretrial conference will not be cancelled and at least one counsel for each party will be required to attend. The Discovery Plan is to be filed in accordance with Fed. R. Civ. P. 26(f). (dae)
September 18, 2008 Filing 12 ANSWER to Complaint with jury demand filed by United Research Laboratories, Inc.. (Friberg, John)
September 18, 2008 Filing 11 ANSWER to Complaint with jury demand filed by Mutual Pharmaceutical Company, Inc.. (Friberg, John)
September 18, 2008 Filing 10 ANSWER to Complaint (Notice of Removal) with jury demand by Brooks Pharmacy. (Shaughnessy, Mark)
September 17, 2008 OBJECTION to Assignment to U.S. Magistrate Judge. Objection form returned to submitting party. Case reassigned to Judge Joseph N. Laplante The new case designation is: 08-cv-358-JL, please show this number with the correct judge designation on all further pleadings. (amm)
September 15, 2008 Filing 9 Certified Copies of State Court Record 2 of 2. State Court Case No. 08-C-33, Rockingham County Superior Court (Friberg, John) Modified on 9/15/2008 to add: 2 of 2(amm).
September 15, 2008 Filing 8 Certified Copies of State Court Record 1 of 2. State Court Case No. 08-C-33, Rockingham County Superior Court (Friberg, John) Modified on 9/15/2008 to add: 1 of 2 (amm).
September 9, 2008 Filing 7 NOTICE of Attorney Appearance by Christine M. Craig on behalf of Karen L. Bartlett, Gregory S. Bartlett (Craig, Christine)
September 5, 2008 Filing 6 Addendum/Exhibits A, B, C, D, and E to #1 Notice of Removal - New Case, by Mutual Pharmaceutical Company, Inc.. (Attachments: #1 Exhibit Notice of Removal Exhibit A, #2 Exhibit Notice of Removal Exhibit B-1, #3 Exhibit Notice of Removal Exhibit B-2, #4 Exhibit Notice of Removal Exhibit B-3, #5 Exhibit Notice of Removal Exhibit C, #6 Exhibit Notice of Removal Exhibit D, #7 Exhibit Notice of Removal Exhibit E)(Friberg, John)
September 5, 2008 Filing 5 Disclosure Statement by Brooks Pharmacy disclosing parent companies, and no merger agreement (Shaughnessy, Mark)
September 5, 2008 Filing 4 NOTICE of Attorney Appearance by Mark W. Shaughnessy on behalf of Brooks Pharmacy (Shaughnessy, Mark)
August 29, 2008 Filing 3 Disclosure Statement by United Research Laboratories, Inc. disclosing parent companies, and no merger agreement (Friberg, John)
August 29, 2008 Filing 2 Disclosure Statement by Mutual Pharmaceutical Company, Inc. disclosing parent companies, and no merger agreement (Friberg, John)
August 28, 2008 Filing 1 NOTICE OF REMOVAL with Jury Demand from Rockingham County Superior Court, case number 08-c-33. (Filing fee $350) Receipt No. 01020000000000435248 filed by Karen L. Bartlett, Gregory S. Bartlett. Answer due by 9/22/2008. State Court Record due by 9/15/2008. (Attachments: #1 State Court Record, #2 Notice of Removal to Counsel, #3 Defendant's Notice of Removal, #4 Affidavit of John Friberg, #5 Civil Cover Sheet)(amm)
August 28, 2008 NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (amm)
August 28, 2008 Case assigned to Magistrate Judge James R. Muirhead. The case designation is: 08-cv-358-JM. Please show this number with the judge designation on all future pleadings. (amm)

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Search for this case: Bartlett et al v. Mutual Pharmaceutical Company, Inc. et al
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Defendant: Brooks Pharmacy
Represented By: Mark W. Shaughnessy
Represented By: Joseph P. Thomas
Represented By: John E. Friberg
Represented By: Paul J. Cosgrove
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Defendant: United Research Laboratories, Inc.
Represented By: Joseph P. Thomas
Represented By: Jeffrey D. Geoppinger
Represented By: John E. Friberg
Represented By: Paul J. Cosgrove
Represented By: Marc R. Scheer
Represented By: Linda E. Maichl
Represented By: Stephen J. Judge
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Defendant: Mutual Pharmaceutical Company, Inc.
Represented By: Joseph P. Thomas
Represented By: Jeffrey D. Geoppinger
Represented By: John E. Friberg
Represented By: Pierre A. Chabot
Represented By: Paul J. Cosgrove
Represented By: Marc R. Scheer
Represented By: Linda E. Maichl
Represented By: Stephen J. Judge
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Plaintiff: Gregory S. Bartlett
Represented By: Keith M. Jensen
Represented By: Bryan Ballew
Represented By: Patrick J. O'Neal
Represented By: Timothy P. Beaupre
Represented By: D. Michael Noonan
Represented By: Leslie C. Nixon
Represented By: Christine M. Craig
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Plaintiff: Karen L. Bartlett
Represented By: Keith M. Jensen
Represented By: Bryan Ballew
Represented By: Patrick J. O'Neal
Represented By: Timothy P. Beaupre
Represented By: Eric Roberson
Represented By: D. Michael Noonan
Represented By: Leslie C. Nixon
Represented By: Christine M. Craig
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