In Re: Chantix (Varenicline) Marketing, Sales Practices and Products Liability Litigation
| MSP Recovery Claims Series 44, LLC, Juan Abreu, Doug Houghton, Tara Evans, Karen Duff, County of Monmouth, Albert Edwards, Debra Seeley, Timothy Bleeker, Candace Fish, Kathleen Lima, Tammy LaMotte, Daphne Walter, Anthony Ellis, Daniel Spence, Carita Thompson and Teresa Baptiste |
| Pfizer Inc |
| Chantix (Varenicline) Marketing, Sales Practices and Products Liability Litigation |
| MSP Recovery Claims, Series LLC |
| Ohio Carpenters' Health Fund |
| 1:2022md03050 |
| December 22, 2022 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 pl Diversity-Product Liability |
| None |
Docket Report
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Filing 17
ORDER granting (14) Motion to Withdraw as Attorney. Attorney Marlene Jaye Goldenberg terminated in case 1:22-md-03050-KPF; granting (14) Motion to Withdraw as Attorney. SO ORDERED that Marlene J. Goldenberg is withdrawn from representing Plaintiff Teresa Baptiste in this case. Attorney Ruben Honik of the law firm Honik LLC will continue to represent Plaintiff Teresa Baptiste. The Clerk of Court is directed to also file this Order in 23 Civ. 211. The Clerk of Court is further directed to terminate Ms. Goldenberg as counsel of record in 22- MD-3050 and 23 Civ. 211, to terminate the pending motion at docket entry 14 in 22- MD-3050, and to terminate the pending motion at docket entry 14 in 23 Civ. 211. Attorney Marlene Jaye Goldenberg terminated in case 1:23-cv-00211-KPF. (Signed by Judge Katherine Polk Failla on 2/6/2023) Filed In Associated Cases: 1:22-md-03050-KPF, 1:23-cv-00211-KPF (rro)
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Filing 16
ORDER granting (12) Motion to Withdraw as Attorney. Attorney Marlene J Goldenberg and Marlene Jaye Goldenberg terminated in case 1:22-md-03050-KPF; granting (31) Motion to Withdraw as Attorney. SO ORDERED that Marlene J. Goldenberg is withdrawn from representing Plaintiff Tammy LaMotte in this case. Attorney Ruben Honik of the law firm Honik LLC will continue to represent Plaintiff Tammy LaMotte. The Clerk of Court is directed to also file this Order in 23 Civ. 205. The Clerk of Court is further directed to terminate Ms. Goldenberg as counsel of record in 22-MD-3050 and 23 Civ. 205, to terminate the pending motion at docket entry 12 in 22-MD-3050, and to terminate the pending motion at docket entry 31 in 23 Civ. 205. Attorney Marlene J Goldenberg and Marlene Jaye Goldenberg terminated in case 1:23-cv-00205-KPF (Signed by Judge Katherine Polk Failla on 2/6/2023) Filed In Associated Cases: 1:22-md-03050-KPF, 1:23-cv-00205-KPF (rro)
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| Filing 15 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by TERESA BAPTISTE. Related Document Number: #14 ..(Goldenberg, Marlene) |
| Filing 14 MOTION for Marlene J. Goldenberg to Withdraw as Attorney for Teresa Baptiste. Document filed by TERESA BAPTISTE.Filed In Associated Cases: 1:22-md-03050-KPF, 1:23-cv-00211-KPF.(Goldenberg, Marlene) |
| Filing 13 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Tammy LaMotte, Tammy LaMotte. Related Document Number: #12 ..(Goldenberg, Marlene) |
| Filing 12 MOTION for Marlene J. Goldenberg to Withdraw as Attorney for Tammy LaMotte. Document filed by Tammy LaMotte, Tammy LaMotte.Filed In Associated Cases: 1:22-md-03050-KPF, 1:23-cv-00205-KPF.(Goldenberg, Marlene) |
| Filing 11 NOTICE OF APPEARANCE by Ruben Honik on behalf of TERESA BAPTISTE. Filed In Associated Cases: 1:22-md-03050-KPF, 1:23-cv-00211-KPF.(Honik, Ruben) |
| Filing 10 NOTICE OF APPEARANCE by Ruben Honik on behalf of Tammy LaMotte. Filed In Associated Cases: 1:22-md-03050-KPF, 1:23-cv-00205-KPF.(Honik, Ruben) |
| Filing 9 NOTICE OF APPEARANCE by Ruben Honik on behalf of Kathleen Lima. Filed In Associated Cases: 1:22-md-03050-KPF, 1:23-cv-00204-KPF.(Honik, Ruben) |
| Filing 8 NOTICE OF APPEARANCE by Ruben Honik on behalf of Albert Edwards. Filed In Associated Cases: 1:22-md-03050-KPF, 1:23-cv-00097-KPF.(Honik, Ruben) |
| Filing 7 NOTICE OF APPEARANCE by Charles E. Schaffer on behalf of County of Monmouth..(Schaffer, Charles) |
| Filing 5 NOTICE OF APPEARANCE by Joshua David Arisohn on behalf of Doug Houghton. Filed In Associated Cases: 1:22-md-03050-KPF, 1:23-cv-00098-KPF.(Arisohn, Joshua) |
| Filing 4 NOTICE OF APPEARANCE by Max Stuart Roberts on behalf of Doug Houghton. Filed In Associated Cases: 1:22-md-03050-KPF, 1:23-cv-00098-KPF.(Roberts, Max) |
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Filing 6
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 3 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 2 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER (CTO-1) FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the Districts of Illinois Northern, Massachusetts, Minnesota, Oregon, Pennsylvania Eastern, and Washington Eastern, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Katherine Polk Failla, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 1/4/2023) (vba) |
| Filing 1 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Northern District of California, Southern District of Florida, Southern District of Illinois, District of New Jersey, Southern District of New York, Eastern District of Pennsylvania, Western District of Pennsylvania, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Katherine Polk Failla, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/22/22) (vba) |
| Case Designated ECF. (vba) |
| Magistrate Judge James L. Cott 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) |
| CASES ORIGINATING FROM THE SOUTHERN DISTRICT OF NEW YORK: 1:22-cv-09837. (vba) |
| CASES ORIGINATING FROM THE SOUTHERN DISTRICT OF NEW YORK: 1:22-cv-01433. (vba) |
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