Koenig v. Eli Lilly and Company et al
| Theresa Koenig |
| ER Squibb & Sons Inc and Eli Lilly and Company |
| 1:2019cv05701 |
| October 9, 2019 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Peggy Kuo |
| Roanne L Mann |
| Eric N Vitaliano |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
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This docket was last retrieved on December 16, 2020. A more recent docket listing may be available from PACER.
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Filing 30
ORDER: As per #28 STIPULATION of Dismissal, this case is hereby dismissed with prejudice. The Clerk of Court is directed to close this case. So Ordered by Judge Eric N. Vitaliano on 12/16/2020. (Almonte, Giselle)
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Filing 29
Order: As per #27 STIPULATION and Order of Dismissal, Defendant Eli Lilly and Company is hereby dismissed with prejudice. The Clerk of Court is directed to terminate said defendant. SO Ordered by Judge Eric N. Vitaliano on 12/16/2020. (Almonte, Giselle)
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| Filing 28 STIPULATION of Dismissal with Prejudice by ER Squibb & Sons Inc (Wilson, Jessica) |
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Filing 27
STIPULATION and Order of Dismissal by Eli Lilly and Company (Abate, Samuel)
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| Filing 26 Letter MOTION for Extension of Time to File Stipulation of Dismissal by Eli Lilly and Company. (Abate, Samuel) |
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ORDER granting #26 Motion for Extension of Time to File. Application granted. The Court is pleased to learn that the disputes between current and former plaintiffs' counsel have been resolved. Ordered by Magistrate Judge Roanne L. Mann on 10/8/2020. (LK)
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ORDER The stipulation of discontinuance is due by October 9, 2020. As for the referenced hearing, any request for judicial action must be docketed as an ECF motion event. Ordered by Magistrate Judge Roanne L. Mann on 9/9/2020. (LK)
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| Filing 25 Letter by Theresa Koenig (Roven, Janice) |
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ORDER granting #24 Motion for Extension of Time to File Response/Reply. Plaintiff shall file her response to defendants' motions for a pre-trial conference #21 and #22 by September 8, 2020. Ordered by Judge Eric N. Vitaliano on 9/1/2020. (Gary, Jordan)
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| Filing 24 Second MOTION for Extension of Time to File Response/Reply by Theresa Koenig. (Roven, Janice) |
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ORDER granting #23 Motion for Extension of Time to File Response/Reply. Plaintiff shall file her response to defendants' motions for a pre-trial conference #21 and #22 by August 31, 2020. Ordered by Judge Eric N. Vitaliano on 8/25/2020. (Gary, Jordan)
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| Filing 23 First MOTION for Extension of Time to File Response/Reply by Theresa Koenig. (Roven, Janice) |
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ORDER: Plaintiff is directed to respond, pursuant to the Court's individual rules, to defendants' motions for a pre-motion conference #21 and #22 no later than August 24, 2020. Ordered by Judge Eric N. Vitaliano on 8/20/2020. (Gary, Jordan)
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| Filing 22 Letter MOTION for pre motion conference by ER Squibb & Sons Inc. (Wilson, Jessica) |
| Filing 21 Letter MOTION for pre motion conference by Eli Lilly and Company. (Abate, Samuel) |
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STATUS REPORT ORDER: A joint status report on all DES cases pending before this Court is due on October 1, 2020. Ordered by Magistrate Judge Roanne L. Mann on 8/14/2020. (Proujansky, Josh)
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| Filing 20 STATUS REPORT by Eli Lilly and Company (Abate, Samuel) |
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ELECTRONIC ORDER granting #14 Motion to Substitute Attorney. With the consent of incoming and outgoing counsel, Ms. Shainwald is directed to promptly transfer the client file to incoming counsel, subject to Ms. Shainwald's disputed claim for costs. The Court defers decision on the disputed costs and outgoing counsel's fee. Added attorney Janice G. Roven for Theresa Koenig. Attorney Sybil Shainwald terminated. Ordered by Magistrate Judge Roanne L. Mann on 8/12/2020. (Proujansky, Josh)
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ELECTRONIC SCHEDULING ORDER: re #19 Letter filed by Theresa Koenig, #14 MOTION to Substitute Attorney filed by Theresa Koenig. This Court is prepared to approve the substitution of Roven Law Group, P.C. for Sybil Shainwald, P.C. for various plaintiffs in these related DES cases, direct transfer of the client files, and defer decision on the disputed costs and outgoing counsel's fee. At the 7/29/2020 conference, incoming counsel stated that she sought to substitute as counsel for, among others, plaintiffs Brinkman (19cv6060), Levy (19cv5353) and Wagner (19cv6917), but no consent forms have been filed on their behalf. Counsel is directed to cure this omission by August 13, 2020. Ordered by Magistrate Judge Roanne L. Mann on 8/10/2020. (Proujansky, Josh)
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| Filing 19 Letter by Theresa Koenig (Roven, Janice) |
| Filing 18 Letter by Theresa Koenig (Attachments: #1 Letter to Sybil Shainwald) (Roven, Janice) |
| Filing 17 Minute Entry for Motion Hearing re #14 MOTION to Substitute Attorney filed by Theresa Koenig held on 7/29/2020 before Magistrate Judge Roanne L. Mann. Ex parte discussion held regarding motions to substitute counsel in these related DES cases. Ms. Roven represents that six plaintiffs, Porter, Koenig, Epstein, Levy, Brinkman and Wagner, consent to her substitution as their counsel. Ms. Shainwald must send to Ms. Roven today by overnight delivery documentation to support her claim for disbursements. Counsel are directed to confer in good faith and resolve the issue of Ms. Shainwald's disbursements and compensation. The parties must file a status report by August 3, 2020. See attached. (FTR Log #11:00-12:00.) (Proujansky, Josh) |
| Filing 16 Letter by Theresa Koenig (Roven, Janice) |
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ELECTRONIC ORDER re #16 Letter filed by Theresa Koenig. In letters filed today in two related DES cases, Epstein v. Eli Lilly, 19cv6060, and Koenig v. Eli Lilly, 19cv5701, attorney Janice Roven, who seeks to represent, among others, plaintiffs Rachel Epstein (in the Epstein case) and Theresa Koenig (in the Koenig case) and thereby replace plaintiffs' counsel Sybil Shainwald, objects to a letter filed in both cases earlier in the afternoon, erroneously purporting to reflect Ms. Roven's electronic signature; Ms. Roven requests a conference with the Court.As an initial matter, Ms. Roven's request should have been docketed as an ECF motion event, as required by this Court's Individual Rules. More importantly, the action requested (the scheduling of a conference) is entirely redundant, as one was previously scheduled for 11:00 a.m. tomorrow morning. As for the electronic signatures on the earlier filed letters, it is obvious from both the contents of the letters and from the corrected versions filed minutes later by Ms. Shainwald that the inclusion of Ms. Roven's electronic signature was an error.This Court had directed incoming and outgoing counsel to confer and file by today a status report that, inter alia, clarified which plaintiffs Ms. Roven seeks to represent. See Electronic Scheduling Order (July 23, 2020). The attachment to Ms. Roven's recent submission raises more questions than it answers. Specifically, Ms. Roven claims that she has conferred with Ms. Shainwald regarding four plaintiffs (Epstein, Brinkman, Levy and Koenig) and have agreed that the representation of three (Epstein, Levy and Koenig) would be transferred to Ms. Roven's office. However, the Court has not been provided with Consents to Change Attorney signed by either Ms. Brinkman (a plaintiff in the Epstein case) or Ms. Levy (a plaintiff in yet another case, 19cv5353), and Ms. Roven's letter omits any reference to Elaine Porter, 19cv6917, a plaintiff whose signed Consent to Change Attorney was previously filed with the Court. The Court expects that these issues will be resolved by tomorrow's hearing. Ordered by Magistrate Judge Roanne L. Mann on 7/28/2020. (Proujansky, Josh)
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| Filing 15 RESPONSE to Motion re #14 MOTION to Substitute Attorney Signed Retainer filed by Theresa Koenig. (Shainwald, Sybil) |
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ELECTRONIC SCHEDULING ORDER: re #14 MOTION to Substitute Attorney filed by Theresa Koenig. An ex parte telephonic hearing is scheduled for July 29, 2020, at 11:00 a.m. in Epstein v. Eli Lilly, 19-cv-6060 to address attorney Sybil Shainwald's motion to withdraw on behalf of plaintiff Rachel Epstein. Yesterday, Ms. Shainwald filed motions to substitute counsel for: plaintiff Rachel Epstein in Epstein v. Eli Llly; plaintiff Theresa Koenig in Koenig v. Eli Lilly, 19-cv-5701; and plaintiff Elaine Porter in Wagner v. Eli Lilly, 19-cv-6917. Accordingly, the July 29, 2020 telephonic hearing will be expanded to include the motions to substitute in Koenig and Wagner. Only Ms. Shainwald and incoming counsel, Janice Roven, need participate. Plaintiff Rachel Epstein's participation, which was previously requested, is not necessary at this time. Incoming and outgoing counsel are directed to confer to resolve the dispute in advance of the hearing. A status report must be filed by 5pm on July 28, 2020 regarding their discussions and clarifying which plaintiffs Ms. Roven seeks to represent. By July 28, 2020, Ms. Shainwald must also electronically file ex parte a copy of her retainer agreements with those plaintiffs for whom she seeks to withdraw. Ordered by Magistrate Judge Roanne L. Mann on 7/23/2020. (Proujansky, Josh) Modified on 7/23/2020 (Proujansky, Josh).
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| Filing 14 MOTION to Substitute Attorney by Theresa Koenig. (Attachments: #1 Letter, #2 Consent to Change Attry) (Shainwald, Sybil) |
| Filing 13 NOTICE of Change of Firm name and email. Once the filing has been made, you must login to www.pacer.gov and update your account. (Abate, Samuel) |
| Filing 12 Letter MOTION for Extension of Time to Complete Discovery /extend discovery schedule by Eli Lilly and Company. (Abate, Samuel) |
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ORDER #12 Motion for Extension of Time to Complete Discovery. Granting in substantial part today's motion - The Court approves in substantial part the parties' joint proposed schedule for expert discovery, pursuant to which expert depositions must be completed by November 30, 2020. However, rather than "identify[ing] their expert witnesses" by the proposed dates (September 30 for plaintiffs and October 30 for defendants), the parties must serve their Rule 26 expert disclosures by those respective dates. In addition, the parties' letter is silent as to the existing deadlines for fact discovery (July 15, 2020) and requests for a premotion conference (August 17, 2020), which, absent further court order, remain unchanged (except as to plaintiff O'Connell, as her claims are on hold pending the filing of a motion to substitute the decedent's representative). Ordered by Magistrate Judge Roanne L. Mann on 5/28/2020. (LK)
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| Filing 11 Letter MOTION for Extension of Time to Complete Discovery /extension of discovery schedule by Eli Lilly and Company. (Abate, Samuel) |
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ELECTRONIC ORDER granting #11 Motion for Extension of Time to Complete Discovery. Application granted. A jointed updated status report is due by May 28, 2020. Ordered by Magistrate Judge Roanne L. Mann on 3/31/2020. (Proujansky, Josh)
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SCHEDULING ORDER: The Court's revised Scheduling Order of December 16, 2019, is supplemented as follows: Requests for a premotion conference are now due by June 15, 2020.Ordered by Chief Magistrate Judge Roanne L. Mann on 12/17/2019. (LK)
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SCHEDULING ORDER: in case 1:19-cv-05353;19-cv-05701, 19-cv-06060 granting in part and denying in part (10) Motion for Extension of Time to Complete Discovery. The existing schedule was set by the Court less than two weeks ago, and reflects the deadline requested by the parties. The addition of one more case, which counsel were already aware of, does not warrant a three-month extension. Fact discovery shall be completed by May 15; plaintiffs' expert disclosures shall be served by June 15, 2020; defendants' expert disclosures shall be served by July 15, 2020; expert depositions shall be completed by August 14, 2020. Ordered by Chief Magistrate Judge Roanne L. Mann on 12/16/2019. (LK)
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| Filing 10 Minute Entry for proceedings held before Chief Magistrate Judge Roanne L. Mann: Initial Conference Hearing held on 12/4/2019. Fact discovery is to be completed by March 31, 2020. See attached Minute Entry for additional scheduling. (Kelson, Lise) |
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Filing 9
SCHEDULING ORDER: Two recently filed DES actions, Levy v. Eli Lilly & Co. et al., 19cv5353, and Koenig v. Eli Lilly & Co. et al., 19cv5701, have been reassigned to this magistrate judge and Judge Vitaliano as related cases. An initial conference in both cases will be held on December 4, 2019, at 2:00 p.m. in Courtroom 13C South, 225 Cadman Plaza East, Brooklyn, New York. SEE ATTACHED ORDER AND MANDATORY REQUIREMENTS FOR CONFERENCE. ****NOTE: bring the number of copies for distribution of the completed initial conference questionnaire to the conference that you will need. ***The December 10th Initial Conference scheduled before Judge Kuo in the Koenig case is cancelled.*** Ordered by Chief Magistrate Judge Roanne L. Mann on 11/6/2019. (Attachments: Initial Order) (Kelson, Lise) Modified ...December 10th Initial Conference is cancelled. on 11/7/2019 (Kelson, Lise).
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ORDER REASSIGNING CASE. Case reassigned to Judge Eric N. Vitaliano and Chief Magistrate Judge Roanne L. Mann for all further proceedings. Judge LaShann DeArcy Hall, Magistrate Judge Peggy Kuo no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 11/5/2019. (Bowens, Priscilla)
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Filing 8
SCHEDULING ORDER: An Initial Conference will be held in this case on December 10, 2019 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge, in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. At least five days before the Conference, the parties must file a completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: https://www.nyed.uscourts.gov/pub/PK-discovplan.pdf. Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Peggy Kuo on 11/1/2019. (Attachments: #1 Proposed Discovery Plan) (Riquelme, Claudia)
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| Filing 7 ANSWER to #1 Complaint, by ER Squibb & Sons Inc. (Wilson, Jessica) |
| Filing 6 Corporate Disclosure Statement by Eli Lilly and Company (Abate, Samuel) |
| Filing 5 ANSWER to #1 Complaint, by Eli Lilly and Company. (Abate, Samuel) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to All Defendants. (Attachments: #1 Squibb summons) (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Theresa Koenig filing fee $ 400, receipt number ANYEDC-11927745 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Theresa Koenig. (Attachments: #1 Civil Cover Sheet KoenigCivilCover, #2 Proposed Summons KoenigLillySummons, #3 Proposed Summons KoenigSquibbSummons) (Shainwald, Sybil) |
| Case assigned to Judge LaShann DeArcy Hall and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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