Exton v. Horizon Therapeutics USA, Inc.
Plaintiff: Kimberly Exton
Defendant: Horizon Therapeutics USA, Inc.
Case Number: 6:2023cv00282
Filed: March 1, 2023
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: David N Hurd
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2023 Filing 13 TEXT ORDER: The Rule 16 conference set for 6/1/2023 and the 5/25/2023 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the #12 motion to dismiss. SO ORDERED by U.S. Magistrate Judge Andrew T. Baxter on 4/28/2023. (kmc)
April 28, 2023 Filing 12 MOTION to Dismiss filed by Horizon Therapeutics USA, Inc.. Motion returnable before Judge David N. Hurd Response to Motion due by 5/19/2023. Reply to Response to Motion due by 5/26/2023 (Attachments: #1 Memorandum of Law, #2 Exhibit(s) FDA BLA Approval for TEPEZZA, #3 Exhibit(s) Approved Labeling for TEPEZZA, #4 Exhibit(s) FDA Transcript Excerpts) (Shalhoub, Michael)
April 28, 2023 Filing 11 NOTICE OF HEARING SESSION ORDER: Order re: matters designated for oral argument related to MDL 3073 - Pursuant to the order of the United States Judicial Panel on Multidistrict Litigation filed today, notice is hereby given that a hearing session has been scheduled to consider various matters under 28 U.S.C. 1407 - set for May 25, 2023. (jmb)
April 12, 2023 Filing 10 NOTICE OF APPEARANCE by Brandon Bogle on behalf of Kimberly Exton (Bogle, Brandon)
April 5, 2023 Filing 9 TEXT ORDER: Granting #7 Motion for Limited Admission Pro Hac Vice for Brandon Bogle. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Attorney Bogle is hereby admitted to practice in this action on behalf of plaintiff. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/5/2023. (kmc)
April 4, 2023 Filing 8 Supplemental Admission documents re: #7 Motion for Limited Admission Pro Hac Vice,,. (Attachments: #1 Exhibit(s) Exhibit B - United States District Court for the Middle District of Florida Certificate of Good Standing for Brandon Bogle, Esq.)(Rudderow, Michelle)
March 27, 2023 Notice of Attorney Admission Filing Deficiency re: #7 Motion for Limited Admission Pro Hac Vice of Brandon Bogle. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing that has been issued by a Court and a fully completed Petition for Admission to practice form; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )
March 24, 2023 Filing 7 MOTION for Limited Admission Pro Hac Vice of Brandon Bogle, Esq. Filing fee $100, receipt number ANYNDC-6240907. (Attachments: #1 Affidavit Affidavit of Michelle Rudderow, Esq. as Sponsor for Brandon Bogle, Esq., #2 Affirmation Affirmation of Brandon Bogle, Esq. in Support of Pro Hac Vice Motion, #3 Exhibit(s) Exhibit A - Certificate of Good Standing, #4 Exhibit(s) Oath of Admission, #5 Exhibit(s) New Attorney E-Filing Registration, #6 Proposed Order/Judgment Proposed Order) Motions referred to Andrew T. Baxter. (Rudderow, Michelle)
March 22, 2023 Filing 6 TEXT ORDER: Granting #5 Motion for an extension of time to answer or otherwise respond. Horizon Therapeutics USA, Inc. answer due 4/28/2023. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/22/2023. (kmc)
March 22, 2023 Filing 5 MOTION for Extension of Time to File Answer re #1 Complaint filed by Horizon Therapeutics USA, Inc.. Response to Motion due by 4/12/2023 Motions referred to Andrew T. Baxter. (Shalhoub, Michael)
March 10, 2023 ***Answer due date updated for Horizon Therapeutics USA, Inc. answer due 3/27/2023. (hmr)
March 9, 2023 Filing 4 AFFIDAVIT of Service for Summons in a Civil Action, Complaint, Civil Case Assignment & Filing Order served on Horizon Therapeutics USA, Inc. on 03/06/2023, filed by Kimberly Exton. (Rudderow, Michelle)
March 2, 2023 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/1/2023 at 11:30 AM by Telephone Conference before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/25/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr)
March 2, 2023 Filing 2 Summons Issued as to Horizon Therapeutics USA, Inc. (hmr)
March 2, 2023 TEXT NOTICE OF FILING DEFICIENCY as to Kimberly Exton NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney address and/or email address contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 3/7/2023 Attorney needs to update the ADDRESS ONLY on the attorney admission records through PACER. (hmr)
March 1, 2023 Filing 1 COMPLAINT with Jury Demand against Horizon Therapeutics USA, Inc. (Filing fee $402 receipt number ANYNDC-6216158) filed by Kimberly Exton. (Attachments: #1 Civil Cover Sheet)(hmr)

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Plaintiff: Kimberly Exton
Represented By: Michelle A. Rudderow
Represented By: Brandon Bogle
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Defendant: Horizon Therapeutics USA, Inc.
Represented By: Michael D. Shalhoub
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