Ventrone et al v. Eli Lilly and Company et al
| Laurie Langford and Caren Ventrone |
| E.R. Squibb & Sons, Inc., Eli Lilly and Company, McNeilab, Inc., Pfizer Inc. and Mallinckrodt Inc., |
| 1:2020cv05800 |
| December 1, 2020 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Rachel P Kovner |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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ORDER: Plaintiffs are directed to respond to the letter motion at #12 on or before 01/27/2021. Ordered by Judge Rachel P. Kovner on 1/25/2021. (Lewis, Benjamin)
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| Filing 12 Letter MOTION to Reassign Case by Eli Lilly and Company. (Abate, Samuel) |
| Filing 11 Corporate Disclosure Statement by Eli Lilly and Company (Abate, Samuel) |
| Filing 10 ANSWER to #9 Amended Complaint by Eli Lilly and Company. (Abate, Samuel) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Caren Ventrone, Laurie Langford. (Roven, Janice) |
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Filing 8
SCHEDULING ORDER: An initial/telephone conference will be held at 12:30 PM on 3/26/2021 before Magistrate Judge Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the 12:30 PM conference. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 3/26/2021. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/8/2021. (Manson, Eddie)
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| Filing 7 Corporate Disclosure Statement by Pfizer Inc. identifying Corporate Parent Pfizer for Pfizer Inc.. (Hilgendorff, Heidi) |
| Filing 6 ANSWER to #1 Complaint, on behalf of Pharmacia & Upjohn Company LLC f/k/a The Upjohn Company by Pfizer Inc.. (Hilgendorff, Heidi) |
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ORDER: Plaintiffs are directed to amend the complaint at #1 to incorporate the representations contained in the letter at #5 . Ordered by Judge Rachel P. Kovner on 12/18/2020. (Lewis, Benjamin)
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| Filing 5 Letter by Laurie Langford, Caren Ventrone (Roven, Janice) |
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ORDER TO SHOW CAUSE why the complaint at #1 should not be dismissed for lack of jurisdiction. The complaint invokes federal diversity jurisdiction, but "[i]t is axiomatic that diversity jurisdiction is available only when all adverse parties to a litigation are completely diverse in their citizenships." Washington Nat'l Ins. Co. v. OBEX Grp. LLC, 958 F.3d 126, 133 (2d Cir. 2020) (quotations omitted). "For purposes of the statute, a corporation is a citizen of the state in which it has its principal place of business and every state in which it has been incorporated," ibid., and a plaintiff may not choose between the two, see 28 U.S.C. 1332(c); 15A Moore's Federal Practice 102.50. The complaint alleges that the plaintiffs are citizens of New York and that two out of the four defendants have their principal place of business in New York. Plaintiffs shall file a letter on or before 12/17/2020 explaining how they have satisfied the requirements for diversity jurisdiction. Ordered by Judge Rachel P. Kovner on 12/03/2020. (Lewis, Benjamin)
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| Filing 4 Summons Issued as to E.R. Squibb & Sons, Inc., Eli Lilly and Company, Mallinckrodt Inc.,, McNeilab, Inc., Pfizer Inc.. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons) (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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. (Davis, Kimberly) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Sanket J. Bulsara. 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. (Davis, Kimberly) |
| Filing 1 COMPLAINT against E.R. Squibb & Sons, Inc., Eli Lilly and Company, Mallinckrodt Inc.,, McNeilab, Inc., filed by Caren Ventrone, Laurie Langford. (Attachments: #1 Civil Cover Sheet, #2 Summons-Eli-Lilly, #3 Summons-McNeilab, #4 Summons-Pfizer, #5 Summons-Squibbs, #6 Summons-Mallinckrodt) (Davis, Kimberly). |
| FILING FEE: $ 402, receipt number ANYEDC-13763541 (Davis, Kimberly) |
| NOTICE : Please file the Complaint, Civil Cover Sheet and Proposed Summon for the following case so that it may be processed. (Davis, Kimberly) |
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