Wagner et al v. Eli Lilly & Co. et al
Plaintiff: Carol Lee Wagner, Elaine Porter and Ellen Dale Hess
Defendant: ER Squibb & Sons Inc and Eli Lilly & Co.
Case Number: 1:2019cv06917
Filed: December 10, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Roanne L Mann
Referring Judge: Eric N Vitaliano
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 28, 2020 Filing 15 ANSWER to #12 Amended Complaint by ER Squibb & Sons Inc. (Wilson, Jessica)
January 28, 2020 Filing 14 Letter MOTION for Discovery Schedule by Eli Lilly & Co.. (Abate, Samuel)
January 28, 2020 Opinion or Order ORDER granting #14 Motion for Discovery. The Court adopts the parties' proposed schedule. A joint status report is due by March 31, 2020. Ordered by Chief Magistrate Judge Roanne L. Mann on 1/28/2020. (LK)
January 27, 2020 Filing 13 ANSWER to #12 Amended Complaint by Eli Lilly & Co.. (Abate, Samuel)
January 24, 2020 Filing 12 AMENDED COMPLAINT against All Defendants, filed by Ellen Dale Hess. (Shainwald, Sybil)
January 24, 2020 ELECTRONIC ORDER: Counsel are directed to confer, and by January 31, 2020, to file a joint proposed schedule for discovery and further proceedings. Ordered by Chief Magistrate Judge Roanne L. Mann on 1/24/2020. (Vallens, Adrian)
January 23, 2020 Opinion or Order ORDER finding as moot #9 Motion to Substitute Party. Ellen Dale Hess terminated; granting #11 Motion to Substitute Party. Ellen Dale Hess terminated Ordered by Chief Magistrate Judge Roanne L. Mann on 1/23/2020. (LK)
January 22, 2020 Filing 11 Amended MOTION to Substitute Party by Ellen Dale Hess. (Attachments: #1 Exhibit Ex A - Hess Death Certificate, #2 Exhibit Ex B - Hess Executor Appointment) (Shainwald, Sybil)
January 22, 2020 Filing 10 RESPONSE TO ORDER TO SHOW CAUSE by Ellen Dale Hess (Shainwald, Sybil)
January 15, 2020 Filing 9 First MOTION to Substitute Party by Ellen Dale Hess. (Attachments: #1 Exhibit HessDeathCertificate, #2 Exhibit HessExecutorAppointment) (Shainwald, Sybil)
January 15, 2020 ELECTRONIC ORDER deferring ruling on #9 Motion to Substitute Party. Plaintiff must show cause, in writing, by January 22, 2020, why the motion should not be denied in the absence of co-executor of the decedent's estate, Pamela Bergmann. Ordered by Chief Magistrate Judge Roanne L. Mann on 1/15/2020. (Proujansky, Josh)
January 15, 2020 Opinion or Order ORDER REASSIGNING CASE. Case reassigned to Judge Eric N. Vitaliano and Chief Magistrate Judge Roanne L. Mann (As related to 19-cv-5353)for all further proceedings. Judge Margo K. Brodie, Magistrate Judge Robert M. Levy 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 1/15/2020. Motions referred to Roanne L. Mann. (Davis, Kimberly)
January 14, 2020 Filing 8 Letter MOTION to Reassign Case by Eli Lilly & Co. (Abate, Samuel) Modified.
January 10, 2020 Incorrect Entry Information. Document #8 filed on January 9, 2020 by Plaintiffs' Counsel was deleted by the court as per Magistrate Levy's Chambers. Newly Appearing Parties were not added to the Docket and the Amended Complaint was filed by Plaintiffs' Against Plaintiffs'. Counsel is directed re-file the Amended Complaint. (Piper, Francine)
December 30, 2019 Filing 7 Corporate Disclosure Statement by Eli Lilly & Co. (Abate, Samuel)
December 30, 2019 Filing 6 ANSWER to #1 Complaint, by Eli Lilly & Co.. (Abate, Samuel)
December 30, 2019 Filing 5 ANSWER to #1 Complaint, by ER Squibb & Sons Inc. (Wilson, Jessica)
December 12, 2019 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)
December 12, 2019 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)
December 10, 2019 Filing 2 Summons Issued as to All Defendants. (Attachments: #1 ER Squibb summons) (Bowens, Priscilla)
December 10, 2019 Case assigned to Judge Margo K. Brodie and Magistrate Judge Robert M. Levy. 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)
December 10, 2019 Filing 1 COMPLAINT WagnerPorterHess against All Plaintiffs filing fee $ 400, receipt number ANYEDC-12141318 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Carol Lee Wagner, Elaine Porter, Ellen Dale Hess. (Attachments: #1 Civil Cover Sheet WagnerHessPorter Civil Cover Sheet, #2 Proposed Summons WagerHessPorter Lilly Summons, #3 Proposed Summons WagnerHessPorter Squibb Summons) (Shainwald, Sybil)

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Plaintiff: Carol Lee Wagner
Represented By: Sybil Shainwald
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Plaintiff: Elaine Porter
Represented By: Sybil Shainwald
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Plaintiff: Ellen Dale Hess
Represented By: Sybil Shainwald
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Defendant: ER Squibb & Sons Inc
Represented By: Jessica Carol Wilson
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Defendant: Eli Lilly & Co.
Represented By: Samuel J. Abate, Jr.
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