LORETO et al v. ABBVIE, INC. et al
| Michael Loreto and patricia loreto |
| ABBVIE INC., ABBOTT LABORATORIES, ABBVIE PRODUCTS LLC, Unimed Phamaceuticals, LLC, SOLVAY, S.A., BESINS HEALTHCARE INC., BESINS HEALTHCARE SA and UNIMED PHARMACEUTICALS. LLC. |
| 2:2023cv22748 |
| November 29, 2023 |
| US District Court for the District of New Jersey |
| Andre M Espinosa |
| Julien Xavier Neals |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Filing 68 Notice of Request by Pro Hac Vice Marie Notter, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-15010104.) (CORONATO, WILFRED) |
| Filing 67 Notice of Request by Pro Hac Vice Edward J. Dumoulin, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-15010098.) (CORONATO, WILFRED) |
| Filing 66 Notice of Request by Pro Hac Vice Michael J. Casner, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-15010077.) (CORONATO, WILFRED) |
| Filing 65 Notice of Request by Pro Hac Vice Shayna S. Cook, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-15010073.) (CORONATO, WILFRED) |
| Filing 64 Notice of Request by Pro Hac Vice Andrew Rima, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-15010024.) (CORONATO, WILFRED) |
Filing 63
ORDER Granting Leave to Appear Pro Hac Vice as to Andrew Rima, Esq., Shayna S. Cook, Esq., Michael J. Casner, Esq., Edward J. Dumoulin, Esq., and Marie Notter, Esq.. Signed by Magistrate Judge Andre M. Espinosa on 1/11/2024. (ld, )
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| Filing 62 APPLICATION/PETITION for pro hac vice Admissions of Andrew Rima, Esq., Shayna S. Cook, Esq., Michael J. Casner, Esq., Edward J. Dumoulin, Esq., and Marie Notter, Esq. for by ABBOTT LABORATORIES, ABBVIE INC., ABBVIE PRODUCTS LLC, UNIMED PHARMACEUTICALS. LLC.. (Attachments: #1 Certification of Wilfred P. Coronato, Esq., #2 Exhibit A - Certification of Andrew Rima, Esq., #3 Exhibit B - Certification of Shayna S. Cook, Esq., #4 Exhibit C - Certification of Michael J. Casner, Esq., #5 Exhibit D - Certification of Edward J. Dumoulin, Esq., #6 Exhibit E - Certification of Marie Notter, Esq., #7 Proposed Order)(CORONATO, WILFRED) |
| Filing 60 Corporate Disclosure Statement by ABBOTT LABORATORIES, ABBVIE INC., ABBVIE PRODUCTS LLC, UNIMED PHARMACEUTICALS. LLC.. (CORONATO, WILFRED) |
| Filing 59 NOTICE of Appearance by WILFRED P. CORONATO on behalf of ABBOTT LABORATORIES, ABBVIE INC., ABBVIE PRODUCTS LLC, UNIMED PHARMACEUTICALS. LLC. (CORONATO, WILFRED) |
| Filing 61 Mail Returned as Undeliverable. Mail sent to Adam M Evans, Esq. (ld, ) |
| Filing 58 Mail Returned as Undeliverable. Mail sent to MICHELLE H. YEARY (kht) |
| Filing 57 Mail Returned as Undeliverable. Mail sent to MICHELLE H. YEARY, Esq. (jd, ) |
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Filing 56
TEXT ORDER -- A telephone scheduling conference is scheduled for 2/5/2024 at 2:30 p.m. before Magistrate Judge Andre M. Espinosa. Parties shall call the conference line at 1-866-434-5269 with access code 1874589#. Three business days before that date, counsel are to submit a modified JDP and joint letter (no more than 3 pages) itemizing the issues, if any, including settlement, to be discussed at the upcoming conference call. So Ordered by Magistrate Judge Andre M. Espinosa on 12/18/2023. (spc)
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| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (kd) |
| Judge Julien Xavier Neals and Magistrate Judge Andre M. Espinosa added. (ps) |
| Filing 55 Certified Copy of Transfer Order and docket received, Case transferred in from District of Illinois Northern; Case Number 1:16-cv-02561. Original file certified copy of transfer order and docket sheet received. |
| TRANSFERRED to the United States District Court New Jersey the electronic record. (nsf, ) |
| Filing 54 CASE MANAGEMENT ORDER No. 197 Transfer Order for all remaining cases. Signed by the Honorable Matthew F. Kennelly on 11/27/2023. Mailed notice (aee, ) |
| Filing 53 RELEVANT ORDERS FROM MDL PROCEEDING, entered by the Honorable Matthew F. Kennelly on 11/26/2023: (Attachments: #1 Supplement Protective Order (Amended), #2 Supplement Direct Filing Order, #3 Supplement Master Pleadings Order, #4 Supplement Deposition Protocol Order, #5 Supplement Order re Sequence of Bellwether Trial, #6 Supplement Order Appointing Settlement Master, #7 Supplement Docket Control Order for Future Cases, #8 Supplement Application of CMO 126 to Future Cases, #9 Supplement Konrad/Mitchell MIL rulings, #10 Supplement Holtsclaw MIL rulings, #11 Supplement Nolte MIL rulings, #12 Supplement Myers MIL rulings, #13 Supplement Rowley MIL rulings, #14 Supplement Martin MIL rulings, #15 Supplement Martin Time Limits Order) (mk) |
| Filing 52 STATUS Report (Joint) by Michael Loreto, patricia loreto (O'Brien, James) |
| Filing 51 MINUTE entry before the Honorable Matthew F. Kennelly: The Court is in the process of preparing an order regarding the transfer of this case to the District of New Jersey and would appreciate the parties' suggestions regarding any of the orders from the main MDL docket (N.D. Ill. No. 14-cv-1748) that they believe should be brought to the attention of that court in connection with the transfer. A joint status report in this regard is to be filed (both under the main MDL docket number and this docket number) on 6/6/2023. (mk) |
| Filing 50 RESPONSE by Plaintiffs Michael Loreto, patricia loreto to CMO 194 - Order to Show Cause Regarding Remand (O'Brien, James) |
| Filing 49 MDL CASE MANAGEMENT ORDER NO. 193 (Order on AbbVie's motion for summary judgment and motion to exclude testimony of Dr. Joshua Sharlin and Dr. Hossein Ardehali in Loreto v. AbbVie Inc., No. 16 C 2561), signed by the Honorable Matthew F. Kennelly on 2/7/2023. (mk) |
| Filing 48 RESPONSE by Defendants AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories, Unimed Phamaceuticals, LLC to Rule 56 statement, #40 (Rima, Andrew) |
| Filing 47 SEALED EXHIBIT by Defendants AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories, Unimed Phamaceuticals, LLC Exhibit 20 regarding reply #46 (Attachments: # 1 Exhibit 21, # 2 Exhibit 22)(Rima, Andrew) |
| Filing 46 REPLY by Defendants AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories, Unimed Phamaceuticals, LLC to motion for summary judgment, #37 (Rima, Andrew) |
| Filing 45 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion to file instanter #42 is granted; the due date for defendants' reply is extended to 10/31/2022. (mk) |
| Filing 44 SEALED EXHIBIT by Defendants AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories, Unimed Phamaceuticals, LLC (Exhibit 2) regarding response in opposition to motion, #43 (Rima, Andrew) |
| Filing 43 RESPONSE by AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories, Unimed Phamaceuticals, LLCin Opposition to MOTION by Plaintiffs Michael Loreto, patricia loreto to file instanter their Opposition to Summary Judgment #42 (Attachments: #1 Exhibit 1)(Rima, Andrew) |
| Filing 42 MOTION by Plaintiffs Michael Loreto, patricia loreto to file instanter their Opposition to Summary Judgment (O'Brien, James) |
| Filing 41 SEALED EXHIBIT by Plaintiffs Michael Loreto, patricia loreto regarding response in opposition to motion #39 (Attachments: # 1 Exhibit A - Sales call notes dated 2000-10-13 to 2010-06-08, # 2 Exhibit B - Sales call notes dated 2010-08-28 to 2010-10-28, # 3 Exhibit C - Medical Record - Dr. Agresti Visit (2012-03-22), # 4 Exhibit D - Medical Record - Dr. Agresti Visit (2012-08-13), # 5 Exhibit E - Medical Record - Dr. Agresti Visit (2013-06-19), # 6 Exhibit F - Medical Record - Dr. Agresti Visit (2013-10-28), # 7 Exhibit G - Benecard prescription fill record (2013-11-04), # 8 Exhibit H - Medical Record - Discharge Summary (2014-03-04), # 9 Exhibit I - Joshua Sharlin Ph.D. Initial Expert Report, # 10 Exhibit J - Joshua Sharlin Ph.D. Deposition Transcript, # 11 Exhibit K - Michael Loreto Deposition Transcript, # 12 Exhibit M - Two pages from AndroGel 2005 Business Plan, # 13 Exhibit N - Two pages from The Low T Patient Journey)(O'Brien, James) |
| Filing 40 RULE 56 Local Rule 56.1 Statement by Michael Loreto, patricia loreto regarding motion for summary judgment, #37 (Attachments: #1 Declaration of James Griffin O'Brien, #2 Exhibit L - Advisory Committee Testimony of Dr. Monique Falconer)(O'Brien, James) |
| Filing 39 RESPONSE by Michael Loreto, patricia loretoin Opposition to MOTION by Defendants Abbott Laboratories, AbbVie, Inc., AbbVie Products LLC, Unimed Phamaceuticals, LLC for summary judgment #37 (O'Brien, James) |
| Filing 38 SEALED EXHIBIT by Defendants AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories, Unimed Phamaceuticals, LLC Ex. 2 regarding MOTION by Defendants Abbott Laboratories, AbbVie, Inc., AbbVie Products LLC, Unimed Phamaceuticals, LLC for summary judgment #37 (Attachments: # 1 Exhibit 3, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Exhibit 10, # 6 Exhibit 13, # 7 Exhibit 14, # 8 Exhibit 15, # 9 Exhibit 16, # 10 Exhibit 17, # 11 Exhibit 18, # 12 Exhibit 19)(Rima, Andrew) |
| Filing 37 MOTION by Defendants Abbott Laboratories, AbbVie, Inc., AbbVie Products LLC, Unimed Phamaceuticals, LLC for summary judgment (Attachments: #1 Memorandum In Support, #2 Statement of Material Facts, #3 Exhibit 1, #4 Exhibit 7, #5 Exhibit 8, #6 Exhibit 9, #7 Exhibit 11, #8 Exhibit 12)(Rima, Andrew) |
| Filing 36 MINUTE entry before the Honorable Matthew F. Kennelly: As proposed by the parties, defendant's summary judgment and Daubert motions are due on 9/16/2022; plaintiff's responses are due on 10/14/2022; and defendant's replies are due on 10/28/2022. The Court strongly encourages defendant to combine its summary judgment and Daubert motions into a single filing and, irrespective of whether defendant does so, sets an aggregate page limit of 30 pages for defendants' supporting memoranda in support of its motions and plaintiff's responsive memorandum and a 15 aggregate page limit for defendant's reply memoranda. (mk) |
| Filing 35 STATUS Report Joint Status Report regarding briefing schedule by AbbVie, Inc., Abbott Laboratories (Rima, Andrew) |
| Filing 34 MINUTE entry before the Honorable Matthew F. Kennelly: In light of the settlement conference in this matter set for 1/24-25/2022, the telephonic status hearing set for 1/25/2022 is vacated. (mk) |
| Filing 33 STATUS Report (Joint) by Michael Loreto, patricia loreto (O'Brien, James) |
| Filing 32 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 11/15/2021. The Parties may conduct non-duplicative discovery between the entry of this order and 4/31/2022. Defendants shall have until 2/25/2022 in which to serve Rule 26(a)(2) expert reports. Plaintiffs shall have until 2/25/2022 in which to serve Rule 26(a)(2) expert reports regarding economic issues. Plaintiffs shall have until 3/25/2022 in which to serve rebuttal reports to Defendants' causation reports and/or update their causation and liability reports with information obtained after they were written. Defendants shall have until 3/25/2022 in which to serve the reports of economic experts, if any. Expert discovery shall close on 4/31/2022. Setting of a schedule for filing dispositive motions and Daubert motions is deferred at this time. A telephonic status hearing is set for 1/25/2022 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. The parties are directed to file a joint status report by 1/18/2022. Mailed notice. (mma, ) |
| Filing 31 STATUS Report (Joint) by Michael Loreto, patricia loreto (Attachments: #1 Exhibit A - Loreto Proposed Order)(O'Brien, James) |
| Filing 30 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 9/16/2021 is vacated and reset to 11/15/2021 at 8:45 a.m. The following call in number will be used for the hearing: 888-684-8852, access code 746-1053. Counsel should wait for the case to be called before announcing themselves. Plaintiff's request to advance the so-called "second discovery window" under MDL CMO 126, paragraph 15 is deferred until the 11/15/2021 status hearing. The parties are directed to file a joint status report by 11/10/2021. The status report should include: (a) a report on the progress of discovery; (b) for defendants, a summary of any grounds on which they intend to move for summary judgment and to exclude testimony under Daubert; and (c) for both sides, a summary of any depositions or other discovery they would propose to conduct during the "second discovery window" irrespective of whether it is advanced. (mk) |
| Filing 29 STATUS Report (Joint) by Michael Loreto, patricia loreto (O'Brien, James) |
| Filing 28 MINUTE entry before the Honorable Matthew F. Kennelly: Joint motion for extension of time to complete discovery #27 is granted; deadline is extended to 10/19/2021. (mk) |
| Filing 27 MOTION by Plaintiffs Michael Loreto, patricia loreto for extension of time to complete discovery (Joint) (O'Brien, James) |
| Filing 26 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 7/8/2021 and continued to 9/16/2021 at 9:15 a.m. The following call in number will be used for the hearing: 888-684-8852, access code 746-1053. The parties are directed to file a joint status report by 9/9/2021. Mailed notice. (mma, ) |
| Filing 25 STATUS Report (Joint) by Michael Loreto, patricia loreto (O'Brien, James) |
| Filing 24 CASE MANAGEMENT ORDER 186 - ORDER AMENDING THE COMMON BENEFIT ORDER: Signed by the Honorable Matthew F. Kennelly on 6/2/2021. Mailed notice. (mma, ) |
| Filing 23 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's unopposed motion to amend the common benefit order is granted. Plaintiff's counsel is directed to submit to Judge Kennelly's proposed order e-mail address a draft order consistent with this ruling for entry on the main MDL docket and in each of the six member cases. The draft order should be approved as to form by the PSC and counsel for the defendants named in the member cases. It may be a single draft order identifying all of the relevant member cases. Mailed notice. (mma, ) |
| Filing 22 SEALED DOCUMENT by Plaintiffs Michael Loreto, patricia loreto (Declaration Supporting Motion to Amend Common Benefit Order) (O'Brien, James) |
| Filing 21 MOTION by Plaintiffs Michael Loreto, patricia loreto to amend/correct Common Benefit Order (Unopposed) (O'Brien, James) |
| Filing 20 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 5/14/2021. The parties provided an update regarding discovery. A telephonic status hearing is set for 7/8/2021 at 9:00 a.m. The following call in number will be used for the hearing: 888-684-8852, access code 746-1053. By no later than 7/1/2021, the parties are directed to file a joint status report on the docket for the individual case. Mailed notice. (mma, ) |
| Filing 19 ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories by Edward James Dumoulin (Dumoulin, Edward) |
| Filing 18 ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories by Michael James Casner (Casner, Michael) |
| Filing 17 MDL CASE MANAGEMENT ORDER NO. 182 (Scheduling Order for Case Nos. 1:15-cv-9699,1:16-cv-2561, and 1:17-cv-4117), signed by the Honorable Matthew F. Kennelly on 2/10/2021. Telephone status hearing is set for 5/14/2021 at 8:45 AM, using call-in number 888-684-8852, conference code 746-1053. Counsel should wait for the case to be called before announcing themselves. (mk) |
| Filing 16 STATUS Report (Joint) by Michael Loreto, patricia loreto (Attachments: #1 Exhibit A - Proposed Scheduling Order)(O'Brien, James) |
| Filing 15 ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories by Andrew J Rima (Rima, Andrew) |
| Filing 14 ATTORNEY Appearance for Defendants AbbVie, Inc., Abbott Laboratories by Shayna Susanne Cook (Cook, Shayna) |
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Filing 13
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket10, )
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Filing 12
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (pj, )
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Filing 11
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (pj, )
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| Filing 10 ENTERED JUDGMENT: Pursuant to the Court's order of 8/17/2018 in the MDL 2545 master file, Case No. 14 C 1748 (dkt. no. 2841) final judgment is entered in favor of Besins. Besins Healthcare, Inc and Besins Healthcare, S.A. terminated. Mailed notice. (rp, ) |
| Filing 9 ATTORNEY Appearance for Plaintiffs Michael Loreto, patricia loreto by James Griffin O'Brien (O'Brien, James) |
| Filing 8 NOTICE by Besins Healthcare, S.A. of Affirmative Defenses (Yeary, Michelle) |
| Filing 7 NOTICE by Besins Healthcare Inc. of Affirmative Defenses (Yeary, Michelle) |
| Filing 6 NOTICE by AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories, Unimed Phamaceuticals, LLC of Affirmative Defenses (Yeary, Michelle) |
| Filing 5 ATTORNEY Appearance for Defendants Besins Healthcare Inc., Besins Healthcare, S.A. by Michelle H. Yeary (Yeary, Michelle) |
| Filing 4 ATTORNEY Appearance for Defendants AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories, Unimed Phamaceuticals, LLC by Michelle H. Yeary (Yeary, Michelle) |
| Pursuant to minute entry 1469 in Case No. 14 C 1748, defendant Solvay, S.A. is terminated from this case, having been voluntarily dismissed. (las, ) |
| Filing 3 SHORT FORM ANSWER to Complaint with Jury Demand by AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories, Unimed Phamaceuticals, LLC(Boisvert, Christopher) |
| Filing 2 ATTORNEY Appearance for Defendants AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories, Unimed Phamaceuticals, LLC by Christopher Boisvert (Boisvert, Christopher) |
| SUMMONS Issued as to Defendants AbbVie Products LLC, AbbVie, Inc., Abbott Laboratories, Besins Healthcare Inc., Besins Healthcare, S.A., SOLVAY, S.A., Unimed Phamaceuticals, LLC(Loreto 16-2561) (pg, ) |
| MEMBER CASE OPENED from Northern District of Illinois; ( 16cv2561 Loreto et al v. AbbVie, Inc. et al / Direct file in ILND). In Re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2545 ) (gcy, ) |
| Filing 1 COMPLAINT filed by patricia loreto, Michael Loreto; Jury Demand. Filing fee $ 400, receipt number 0752-11651559. (Attachments: #1 Civil Cover Sheet)(Evans, Adam) |
| CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (jn, ) |
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