Melser v. Bristol-Myers Squibb Company et al
| Cynthia Melser |
| Pfizer Inc and Bristol-Myers Squibb Company |
| 1:2018cv03554 |
| April 23, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Denise L Cote |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 pi Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on August 15, 2018. A more recent docket listing may be available from PACER.
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| Filing 13 CLERK'S JUDGMENT re: (12 in 1:18-cv-03572-DLC) Order. in favor of Bristol-Myers Squibb Company, Pfizer Inc against Alton Wolfe, Betty Jenkins, Cynthia Melser, Donna Sweeney, Donna Walls, Edward Dollar, Georgia Carter, Gerald Toups, Grady Dowell, Harlan Green, Jennifer Callais, John Jennings, Katharyn Hagedorn, Marie Howard, Patsy Risner, Rayford Edmondson, Sheila Ruggles, Shirley Ann Bishop, Susan Looney, and Tammy Hassenpflug. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated 13, 2018, the motions to remand in the above-captioned case are denied; the above-captioned case are dismissed with prejudice; judgment is entered for the defendants and the above-captioned casers are closed. (Signed by Clerk of Court Ruby Krajick on 08/15/2018) (Attachments: #1 Notice of Right to Appeal)Filed In Associated Cases: 1:17-md-02754-DLC et al.(dt) (Main Document 13 replaced on 11/15/2018) (dt). |
Filing 12
ORDER......The above-captioned cases arrived on this Courts docket between April 18 and April 23, 2018. The cases were initially filed in Delaware Superior Court between November 6 and December 1, 2017. Each case was then promptly removed to the District of Delaware. Plaintiffs filed motions to remand back to Delaware Superior Court. The cases were transferred to this Court before the District of Delaware ruled on those remand motions. As explained in Cheung, the above-captioned cases were properly removed to federal court because subject-matter jurisdiction exists. The plaintiffs have failed to timely file an amended complaint or show cause why their complaints should not be dismissed based on the analysis in the May 8 Utts Opinion. Accordingly, it is hereby ORDERED that the motions to remand in the above-captioned case are denied. IT IS FURTHER ORDERED that the above-captioned cases are dismissed with prejudice. IT IS FURTHER ORDERED that the Clerk of Court shall enter judgment for the defendants and close the above-captioned cases. (Signed by Judge Denise L. Cote on 8/10/2018) (gr) Transmission to Orders and Judgments Clerk for processing.
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| Filing 11 MDL TRANSFERRED IN from the United States District Court - District of Delaware; Case Number: 1:17-cv-01761. Original file certified copy of transfer order and docket entries received. (sjo) |
| CONSOLIDATED MDL CASE: Create association to 1:17-md-02754-DLC. (sjo) |
| CASE ACCEPTED AS RELATED. Create association to 1:17-md-02754-DLC. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| Filing 10 TRANSFER ORDER re MDL No. 2754 dated 4/4/18. Associated Cases: 1:17-cv-01607-LPS et al. (ntl) [Transferred from Delaware on 4/23/2018.] |
| Case electronically transferred to Southern District of New York. Associated Cases: 1:17-cv-01607-LPS et al. (ntl) [Transferred from Delaware on 4/23/2018.] |
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Filing 9
ORAL ORDER: IT IS HEREBY ORDERED that a Status Telephone Conference is set for 4/24/2018 at 4:30 PM. Counsel for Plaintiffs shall initiate the call to (302) 573-4571. ORDERED by Judge Leonard P. Stark on 2/6/18. Associated Cases: 1:17-cv-01607-LPS et al. (ntl) [Transferred from Delaware on 4/23/2018.]
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| Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 2/5/2018. (Court Reporter B. Gaffigan.) Associated Cases: 1:17-cv-01607-LPS et al. (ntl) [Transferred from Delaware on 4/23/2018.] |
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Filing 8
ORAL ORDER: IT IS HEREBY ORDERED that a status teleconference has been scheduled for February 5, 2018 at 3:30 p.m. Defendants counsel shall initiate the teleconference call to 302-573-4571. ORDERED by Judge Leonard P. Stark on 2/1/18. Associated Cases: 1:17-cv-01607-LPS et al. (ntl) [Transferred from Delaware on 4/23/2018.]
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| Filing 7 REPLY BRIEF re #4 MOTION to Remand filed by Cynthia Melser. (Crumplar, Thomas) [Transferred from Delaware on 4/23/2018.] |
| Filing 6 DECLARATION re #5 Answering Brief in Opposition by Bristol-Myers Squibb Company, Pfizer Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Williams, Gregory) [Transferred from Delaware on 4/23/2018.] |
| Filing 5 ANSWERING BRIEF in Opposition re #4 MOTION to Remand filed by Bristol-Myers Squibb Company, Pfizer Inc..Reply Brief due date per Local Rules is 1/11/2018. (Attachments: #1 Proposed Order)(Williams, Gregory) [Transferred from Delaware on 4/23/2018.] |
| Filing 4 MOTION to Remand - filed by Sandra Robinson, Betty Jenkins, Rayford Edmondson, Cynthia Doan, Dana Wilcoxen, Paul Friddle, Katharyn Hagedorn, Susan Looney, Grady Dowell, Donna Walls, Melissa Lackey, Edward Dollar, Alton Wolfe, Marie Howard, Cynthia Melser, Sheila Ruggles, Georgia Carter, Charlene Cianci, Jennifer Callais, Dianne Arden, John Jennings, Connie James, Donna Sweeney, Gerald Toups. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 7.1 Statement)(Warner, Raeann) [Transferred from Delaware on 4/23/2018.] |
| Filing 3 ANSWER to Complaint with Jury Demand and Affirmative Defenses by Bristol-Myers Squibb Company, Pfizer Inc.. (Attachments: #1 Certificate of Service)(Williams, Gregory) [Transferred from Delaware on 4/23/2018.] |
| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:17-cv-01756-LPS through 1:17-cv-01768-LPS and 1:17-cv-01786-LPS through 1:17-cv-01788-LPS (rjb) [Transferred from Delaware on 4/23/2018.] |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jcs) [Transferred from Delaware on 4/23/2018.] |
| Filing 1 NOTICE OF REMOVAL and copies of documents from DE Superior CT, Case Number N17C-12-014 AML (Filing fee $400, receipt number 0311-2279339)- filed by Bristol-Myers Squibb Company and Pfizer Inc. (Attachments: #1 Exhibit A, #2 Certificate of Service, #3 Civil Cover Sheet)(jcs) Modified on 12/7/2017 (jcs). [Transferred from Delaware on 4/23/2018.] |
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