MSP Recovery Claims Series 44, LLC et al v. Pfizer, Inc.
| MSP Recovery Claims Series 44, LLC and MSP Recovery Claims, Series LLC |
| Pfizer Inc |
| 1:2022cv09837 |
| November 18, 2022 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Katherine Polk Failla |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 pl Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 44 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/7/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:22-md-03050-KPF et al..(McGuirk, Kelly) |
| Filing 43 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/7/2023 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Doug Colavito, (212) 805-0320. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/8/2023. Redacted Transcript Deadline set for 5/18/2023. Release of Transcript Restriction set for 7/17/2023.Filed In Associated Cases: 1:22-md-03050-KPF et al..(McGuirk, Kelly) |
Filing 42
ORDER FOR ADMISSION PRO HAC VICE granting (41) Motion for Amanda Fernandez to Appear Pro Hac Vice in case 1:22-cv-09837-KPF; granting (28) Motion for Amanda Fernandez to Appear Pro Hac Vice in case 1:22-md-03050-KPF. The Clerk of Court is directed to terminate the pending motion at docket entry 28, to also file this Order in 22 Civ. 9837, and to terminate the pending motion at docket entry 41 in 22 Civ. 9837. (Signed by Judge Katherine Polk Failla on 4/7/2023) Filed In Associated Cases: 1:22-md-03050-KPF, 1:22-cv-09837-KPF (rro)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (41 in 1:22-cv-09837-KPF, 28 in 1:22-md-03050-KPF) MOTION for Amanda L. Fernandez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27567320. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:22-md-03050-KPF, 1:22-cv-09837-KPF(dsh) |
| Filing 41 MOTION for Amanda L. Fernandez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-27567320. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC. (Attachments: #1 Affidavit Declaration of Amanda L. Fernandez, #2 Exhibit Supreme Court of Florida Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:22-md-03050-KPF, 1:22-cv-09837-KPF.(Fernandez, Amanda) |
| Filing 40 STATUS REPORT. Document filed by Juan Abreu.Filed In Associated Cases: 1:22-md-03050-KPF et al..(Honik, Ruben) |
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Filing 39
ORDER NO. 1: It appearing that the civil actions listed on Schedule A, attached hereto (which were transferred to this Court by the December 22, 2022 Order of the JPML (Dkt. #1) and by the January 4, 2023 Conditional Transfer Order 1 of the JPML (Dkt. #2)) merit special attention as complex litigation, it is hereby ORDERED that: The provisions of this Order shall govern the practice and procedure in:(i)those actions transferred to this Court by the JPML pursuant to itsDecember 22, 2022 Transfer Order and January 4, 2023 Conditional Transfer Order 1; (ii) all related actions against Defendant Pfizer Inc. ("Defendant") that are filed in the Southern District of New York and have been or will be transferred to MDL-3050 involving allegations that (a) Defendant voluntarily recalled the smoking cessation drug Chantix in 2021 after discovering that the product contained a nitrosamine impurity known as N-nitroso-varenicline, a probable human carcinogen; (b) plaintiffs purchased or ingested Chantix containing the alleged impurities; and (c) plaintiffs suffered economic losses and/or require medical monitoring; and (iii) any "tag-along" actions later filed in, removed to, or transferred to this Court. The Clerk will docket a copy of this Order on the docket of any case newly filed or transferred to this Court. All orders, pleadings, motions, and other documents served or filed in 22-MD-3050 shall bear the following caption: and further set forth in this Order. In the Court's view, a master case file limited to filings of significance to the MDL as a whole or a substantial number of member cases would be advantageous. Accordingly, the Clerk of Court is directed to open a master case file bearing docket number 22-MC-3050. Any filing fees associated with opening the master case file docket are waived. The caption shall read In re: Chantix (Varenicline) Marketing, Sales Practices and Products Liability Litigation (No. II), 22-MD-3050." For administrative purposes only, in 22-MC-3050, Plaintiffs shall be listed as "Chantix MDL (No. II) Plaintiffs" and Defendant shall be listed as "Chantix MDL (No. II) Defendant." There will be no appearances entered unless and until the Court orders otherwise. The Clerk of Court is directed to transfer docket entry 1 (Transfer Order) and docket entry 2 (Conditional Transfer Order 1) from 22-MD-3050 to 22-MC-3050, to be followed by this Order (Order #1). This Order shall also be docketed in 22-MD-3050, and all matters consolidated therewith. This Order and all subsequent entries docketed in 22-MC-3050 are to be docketed simultaneously in 22-MD-3050. The Court will conduct an Initial Conference on April 7, 2023, at 11:00 a.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Counsel shall check in with Courtroom Deputy Talena Noriega at least 15 minutes in advance. Counsel should arrive at the Courthouse with sufficient time to go through security. Seats in the courtroom may not be reserved. As reviewed below, the Court presently intends to appoint lead counsel for Plaintiffs in this litigation. The Court expects that lead counsel for Defendant will be DLA Piper LLP, which the Court understands to have represented Defendant in all JPML proceedings and in all underlying actions. The Court directs Defendant, by letter due March 10, 2023, not to exceed three pages single-spaced, (i) to notify the Court if this is incorrect, and (ii) to identify the individual lawyer who will be its lead counsel. This letter shall be filed in both 22-MD-3050 and 22-MC-3050. This Order vacates any case management or scheduling order issued by a federal court prior to the transfer of a case to MDL-3050. Moreover, all pending motions in the transferor courts are denied without prejudice, and will be adjudicated under procedures set forth in this Order and subsequent orders issued by the Court. To the extent it has not already answered, Defendant is granted an extension of time for responding to Complaint(s) in cases comprising this MDL until a date set by the Court. Pending the Initial Conference and further orders of this Court, all outstanding discovery proceedings are stayed, and no further discovery requests shall be initiated. No motion shall be filed under Rule 11, Rule 12, Rule 37, or Rule 56 without the Court's approval. To obtain such approval, the movant shall file a letter motion on ECF seeking a pre-motion conference with the Court. Any such letter motion shall be filed both 22-MD-3050 and 22-MC-3050. As of today's date, all actions listed on Schedule A of the December 22, 2022 Transfer Order (Dkt. #1) have been transferred to this Court, but all actions listed in Schedule CTO-1 of the January 4, 2023 Conditional Transfer Order 1 (Dkt. #2) have not yet been transferred to this Court. Accordingly, it is hereby ORDERED that, no later than January 13, 2023, counsel for Defendant shall serve this Order electronically on counsel for all parties in all actions listed in Schedule CTO-1 of the January 4, 2023 Conditional Transfer Order 1. (Dkt. #2). As noted, to the extent that additional actions are filed or transferred to this Court, the Clerk is directed to docket a copy of this Order on the docket of the underlying case. Matters addressed in this Order may be reconsidered, upon the motion of any party or on this Court's own motion and further set forth in this Order. (Initial Conference set for 4/7/2023 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 1/6/2023) Filed In Associated Cases: 1:22-md-03050-KPF et al. (rro)
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| Filing 38 NOTICE OF APPEARANCE by Jessica Carol Wilson on behalf of Pfizer Inc, Pfizer Inc. Filed In Associated Cases: 1:22-md-03050-KPF et al..(Wilson, Jessica) |
| Filing 36 LETTER addressed to Judge Denise L. Cote from Loren H. Brown dated December 27, 2022 re: Status Update. Document filed by Pfizer Inc. (Attachments: #1 Exhibit JPML Transfer Order).(Brown, Loren) |
| Filing 37 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... that pursuant to 28 U.S.C. 1407, the action(s) listed... and pending... be, and the same hereby are, transferred to the Southern District of New York and, with consent of that court, assigned to the Honorable Katherine Polk Failla, for coordinated or consolidated pretrial proceedings with the actions pending in that district... (Signed by MDL Panel on 12/22/22) (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Denise L. Cote is no longer assigned to the case. (vba) |
| CONSOLIDATED MDL CASE: Create association to 1:22-md-03050-KPF. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-md-03050-KPF. Notice of Assignment to follow. (vba) |
| Filing 35 MEMO ENDORSEMENT on re: #33 Letter, filed by Pfizer Inc. ENDORSEMENT: This action is hereby stayed. A status letter is due 2/1/23. (Signed by Judge Denise L. Cote on 12/13/2022) (vfr) |
| Case Stayed (vfr) |
| Filing 34 LETTER addressed to Judge Denise L. Cote from Jorge A. Mestre dated 12.12.2022 re: Whether this case should be stayed and identifying other relevant proceedings. Document filed by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Mestre, Jorge) |
| Filing 33 LETTER addressed to Judge Denise L. Cote from Loren H. Brown dated December 12, 2022 re: Whether this case should be stayed and identifying other relevant proceedings. Document filed by Pfizer Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Brown, Loren) |
| Filing 32 NOTICE OF APPEARANCE by Colleen Gulliver on behalf of Pfizer Inc..(Gulliver, Colleen) |
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Filing 31
ORDER: On November 18, 2022, this action was transferred to this District from the Southern District of Florida. The action was reassigned to this Court on November 22. It is hereby ORDERED the parties shall submit letters no later than December 12, 2022 discussing whether this case should be stayed, and identifying and other proceedings relevant to the disposition of this case. (Signed by Judge Denise L. Cote on 12/6/2022) (vfr)
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| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Naomi Reice Buchwald is no longer assigned to the case. (aea) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-01433-DLC. Notice of Assignment to follow. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Gregory H. Woods is no longer assigned to the case. (aea) |
| Magistrate Judge James L. Cott is so redesignated. (aea) |
| Filing 30 LETTER addressed to Judge Naomi Reice Buchwald from Loren H. Brown dated November 21, 2022 re: Related Action. Document filed by Pfizer Inc..(Brown, Loren) |
| Filing 29 CASE TRANSFERRED IN from the United States District Court - District of Florida Southern; Case Number: 1:21-cv-23676. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vba) |
| Magistrate Judge Ona T. Wang 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| Case Designated ECF. (vba) |
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Filing 28
ORDER granting #20 Defendant Pfizer Inc.'s Motion to Transfer to the Southern District of New York. Signed by Judge Federico A. Moreno on 11/8/2022. See attached document for full details. (er02) [Transferred from Florida Southern on 11/18/2022.]
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| Filing 27 Notice of Supplemental Authority re #23 Response in Opposition to Motion, by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Mestre, Jorge) [Transferred from Florida Southern on 11/18/2022.] |
| Filing 26 REPLY to Response to Motion re #20 MOTION to Change Venue filed by Pfizer, Inc.. (Attachments: #1 Bronson Declaration, #2 Exhibit A)(Bronson, Ardith) [Transferred from Florida Southern on 11/18/2022.] |
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Filing 25
PAPERLESS ORDER granting #24 Unopposed Motion for Extension of Time to File Reply in Support of Pfizer Inc.'s Motion to Transfer. The Reply shall be filed no later than November 4, 2022. Signed by Judge Federico A. Moreno on 10/24/2022. (er02) [Transferred from Florida Southern on 11/18/2022.]
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| Reset Deadline per DE#25 as to #20 MOTION to Change Venue. Replies due by 11/4/2022. (scn) [Transferred from Florida Southern on 11/18/2022.] |
| Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #20 MOTION to Change Venue by Pfizer, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Bronson, Ardith) [Transferred from Florida Southern on 11/18/2022.] |
| Filing 23 RESPONSE in Opposition re #20 MOTION to Change Venue filed by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC. Replies due by 10/25/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mestre, Jorge) [Transferred from Florida Southern on 11/18/2022.] |
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Filing 22
PAPERLESS ORDER granting #21 Joint Motion for Enlargement of Time. Plaintiffs' Response is due by 10/18/2022. Defendant's Reply is due by 10/28/2022. Signed by Judge Federico A. Moreno on 10/7/2022. (er02) [Transferred from Florida Southern on 11/18/2022.]
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| Filing 21 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #20 MOTION to Change Venue by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC. (Attachments: #1 Text of Proposed Order)(Mestre, Jorge) [Transferred from Florida Southern on 11/18/2022.] |
| Filing 20 MOTION to Change Venue by Pfizer, Inc.. Responses due by 10/11/2022 (Attachments: #1 Certification of Ardith Bronson, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Bronson, Ardith) [Transferred from Florida Southern on 11/18/2022.] |
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Filing 19
PAPERLESS ORDER granting #18 Pfizer Inc.'s Motion to Temporarily Lift Stay for a Limited Purpose to File a Motion to Transfer. Signed by Judge Federico A. Moreno on 9/27/2022. (er02) [Transferred from Florida Southern on 11/18/2022.]
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| Filing 18 MOTION to Temporarily Lift Stay for a Limited Purpose to File a Motion to Transfer by Pfizer, Inc.. (Attachments: #1 Exhibit Ex. 1 Motion to Transfer, #2 Exhibit Declaration in Support, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8)(Bronson, Ardith) [Transferred from Florida Southern on 11/18/2022.] |
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Filing 17
ORDER TRANSFERRING CASE to Judge Federico A. Moreno for all further proceedings, accepted and signed on 3/29/2022. Judge Roy K. Altman no longer assigned to case. Signed by Judge Roy K. Altman on 3/29/2022. See attached document for full details. (lfk) [Transferred from Florida Southern on 11/18/2022.]
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Filing 16
PAPERLESS ORDER granting #10 the Joint Motion for a Stay of Proceedings. The case is stayed, and the Clerk of the Court is instructed to administratively CLOSE this case. Signed by Judge Roy K. Altman on 3/29/2022. (kmz) [Transferred from Florida Southern on 11/18/2022.]
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Filing 15
PAPERLESS ORDER denying #7 the Motion to Transfer the Case. Signed by Judge Roy K. Altman on 11/24/2021. (kmz) [Transferred from Florida Southern on 11/18/2022.]
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Filing 14
PAPERLESS ORDER granting #13 the Unopposed Motion for an Extension of Time to Respond to the Class-Action Complaint. If necessary, the Defendant shall respond to the Complaint within 30 days of the Court's order on the Motion to Stay #10 . Signed by Judge Roy K. Altman on 11/24/2021. (kmz) [Transferred from Florida Southern on 11/18/2022.]
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| Filing 13 Unopposed EXPEDITED MOTION for Extension of Time to Respond to the Class-Action Complaint re #1 Complaint by Pfizer, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Bronson, Ardith) [Transferred from Florida Southern on 11/18/2022.] |
| Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC identifying Other Affiliate VRM MSP Recovery Partners, LLC, a Delaware limited liability company for MSP Recovery Claims, Series LLC; Other Affiliate MSP Recovery Holding Series 01, LLC for MSP Recovery Claims Series 44, LLC (Mestre, Jorge) [Transferred from Florida Southern on 11/18/2022.] |
| Filing 11 Defendant's Corporate Disclosure Statement by Pfizer, Inc. identifying Corporate Parent Inc Pfizer for Pfizer, Inc. (Bronson, Ardith) [Transferred from Florida Southern on 11/18/2022.] |
| Filing 10 Joint MOTION to Stay of Proceedings by Pfizer, Inc.. Attorney Ardith M. Bronson added to party Pfizer, Inc.(pty:dft). Responses due by 12/2/2021 (Attachments: #1 Text of Proposed Order Proposed Order)(Bronson, Ardith) [Transferred from Florida Southern on 11/18/2022.] |
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Filing 9
Order Requiring Joint Scheduling Report and Certificates of Interested Parties. Joint Scheduling Report and Certificates of Interested Parties due by 11/22/2021. Signed by Judge Roy K. Altman on 11/15/2021. See attached document for full details. (scn) [Transferred from Florida Southern on 11/18/2022.]
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| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC. Pfizer, Inc. served on 11/3/2021, response/answer due 11/24/2021. (Mestre, Jorge) [Transferred from Florida Southern on 11/18/2022.] |
| Filing 7 MOTION to Transfer and Notice of Related Case by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC. (Mestre, Jorge) [Transferred from Florida Southern on 11/18/2022.] |
| Filing 6 NOTICE of Striking #4 Plaintiff's MOTION to Transfer and Notice of Related Case filed by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC (Mestre, Jorge) [Transferred from Florida Southern on 11/18/2022.] |
| Filing 5 Clerks Notice to Filer re #4 Plaintiff's MOTION to Transfer and Notice of Related Case . Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ls) [Transferred from Florida Southern on 11/18/2022.] |
| Filing 4 (STRICKEN PER DE#6) Plaintiff's MOTION to Transfer and Notice of Related Case by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC. (Rivero, Andres) Text Modified on 10/29/2021 (scn). [Transferred from Florida Southern on 11/18/2022.] |
| Filing 3 Summons Issued as to Pfizer, Inc. (scn) [Transferred from Florida Southern on 11/18/2022.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (scn) [Transferred from Florida Southern on 11/18/2022.] |
| Filing 1 COMPLAINT against Pfizer, Inc.. Filing fees $ 402.00 receipt number AFLSDC-15103342, filed by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Mestre, Jorge) [Transferred from Florida Southern on 11/18/2022.] |
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