Evans v. Pfizer, Inc.
| Tara Evans |
| Pfizer Inc |
| 1:2023cv00094 |
| January 5, 2023 |
| 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 |
| Plaintiff |
Docket Report
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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 37 CASE TRANSFERRED IN from the United States District Court - District of Illinois Southern; Case Number: 3:21-cv-01263. Original file certified copy of transfer order and docket entries received. |
| 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Katherine Polk Failla. 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) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-md-03050-KPF. Notice of Assignment to follow. (vba) |
| Case Designated ECF. (vba) |
| CONSOLIDATED MDL CASE: Create association to 1:22-md-03050-KPF. (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) |
| Filing 36 TRANSFER ORDER as assigned by Judicial Panel on Multidistrict Litigation and signed by Karen K. Caldwell, Chair. (jlrr) [Transferred from Illinois Southern on 1/5/2023.] |
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Filing 35
ORDER denying #27 Combined Motion To Lift The Stay And Transfer. For the reasons stated in the attached Memorandum and Order, Defendant's Motion to Lift Stay and Transfer is DENIED, without prejudice. This matter remains STAYED pursuant to the Order at Doc. 9. The parties are DIRECTED to file their next status report regarding the current stay of proceedings within 5 days after the JPML's decision, or by December 31, 2022, whichever is earlier. (Status Report due by 12/31/2022). Signed by Judge David W. Dugan on 11/22/2022. (arm) [Transferred from Illinois Southern on 1/5/2023.]
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| Filing 34 AFFIDAVIT re #33 Reply to Response to Motion, - Declaration of Raj N. Shah In Support Of Reply In Support Of Combined Motion To Lift The Stay And Transfer To The Southern District Of New York - by Pfizer, Inc.. (Attachments: #1 Exhibit 1 - to Declaration of Raj N. Shah, #2 Exhibit 2 - to Declaration of Raj N. Shah)(Shah, Raj) [Transferred from Illinois Southern on 1/5/2023.] |
| Filing 33 REPLY to Response to Motion re #27 MOTION to Transfer Case - Defendant Pfizer Inc.'s Combined Motion To Lift The Stay And Transfer To The Southern District Court Of New York And Memorandum Of Law In Support Thereof - Defendant Pfizer Inc.'s Reply In Support Of Combined Motion To Lift The Stay And Transfer To The Southern District Of New York - filed by Pfizer, Inc.. (Shah, Raj) [Transferred from Illinois Southern on 1/5/2023.] |
| Filing 32 MEMORANDUM in Opposition re #27 MOTION to Transfer Case - Defendant Pfizer Inc.'s Combined Motion To Lift The Stay And Transfer To The Southern District Court Of New York And Memorandum Of Law In Support Thereof - filed by Tara Evans. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Geske, Paul) [Transferred from Illinois Southern on 1/5/2023.] |
| Filing 31 NOTICE from JPML regarding Hearing Session schedule (jlrr) [Transferred from Illinois Southern on 1/5/2023.] |
| Filing 30 NOTICE by Pfizer, Inc. re #27 MOTION to Transfer Case - Defendant Pfizer Inc.'s Combined Motion To Lift The Stay And Transfer To The Southern District Court Of New York And Memorandum Of Law In Support Thereof - - Notice Of Defendant Pfizer Inc.'s Motion To Temporarily Lift Stay For A Limited Purpose For Consideration Of A Motion To Transfer - (Shah, Raj) [Transferred from Illinois Southern on 1/5/2023.] |
| Filing 29 NOTICE by Pfizer, Inc. re #27 MOTION to Transfer Case - Defendant Pfizer Inc.'s Combined Motion To Lift The Stay And Transfer To The Southern District Court Of New York And Memorandum Of Law In Support Thereof - - Declaration Of Thomas D. McRae, M.D., M.S. - (Attachments: #1 Exhibit 1)(Shah, Raj) [Transferred from Illinois Southern on 1/5/2023.] |
| Filing 28 NOTICE by Pfizer, Inc. re #27 MOTION to Transfer Case - Defendant Pfizer Inc.'s Combined Motion To Lift The Stay And Transfer To The Southern District Court Of New York And Memorandum Of Law In Support Thereof - Declaration Of Raj N. Shah In Support of Defendant Pfizer Inc.'s Motion To Temporarily Lift Stay And Transfer - (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Shah, Raj) [Transferred from Illinois Southern on 1/5/2023.] |
| Filing 27 MOTION to Transfer Case - Defendant Pfizer Inc.'s Combined Motion To Lift The Stay And Transfer To The Southern District Court Of New York And Memorandum Of Law In Support Thereof - by Pfizer, Inc.. (Shah, Raj) [Transferred from Illinois Southern on 1/5/2023.] |
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Filing 26
ORDER granting #25 Motion to Appear Pro Hac Vice of Attorney Matthew Holian on bhealf of Pfizer, Inc. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 1/5/2023.]
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| Filing 25 MOTION to Appear Pro Hac Vice by Attorney Matthew A. Holian $200 fee paid,receipt number AILSDC-4900021 by on behalf of Pfizer, Inc.. (Holian, Matthew) [Transferred from Illinois Southern on 1/5/2023.] |
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Filing 24
ORDER re #23 Joint Status Report. This action has been stayed since November 23, 2021 so the parties could continue their discussions on the appropriate forum for this case and ten nearly analogous class actions filed against Defendant nationwide (Doc. 9). The parties' negotiations have been delayed while the parties awaited decisions on pending transfer and consolidation motions pending in the Southern District of Florida (See Abreu v. Pfizer Inc., No. 21-CV-62122 (S.D. Fla.)). The parties now report that the Abreau matter has been transferred to the Southern District of New York. However, on August 31, 2022, a plaintiff in another of the related cases filed an MDL Petition with the Judicial Panel on Multidistrict Litigation (See In re: Chantix (Varenicline) Mktg., Sales Practices & Prods. Liab. Litig., MDL No. 3050). According to the parties, a hearing on the MDL Petition is scheduled for December 1, 2022. The parties represent that Defendant intends to move to lift the stay of this action for the limited purpose of allowing Defendant to file a motion to transfer premised on the "first-filed doctrine." Plaintiff intends to oppose Defendant's motion and submits that this case should remain stayed pending the resolution of the MDL Petition by the JPML. In light of these representations, the Court sets the following briefing schedule: By October 24, 2022, Defendant shall file a combined Motion to lift the stay and transfer this matter. Plaintiff shall respond to the combined Motion by November 14, 2022. Any reply briefs should be filed by November 21, 2022. Signed by Judge David W. Dugan on 10/3/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 1/5/2023.]
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| Filing 23 STATUS REPORT JOINT STATUS REPORT by Tara Evans. (Geske, Paul) [Transferred from Illinois Southern on 1/5/2023.] |
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Filing 22
ORDER re #21 Joint Status Report. This punitive class action has been stayed since November 23, 2021 so the parties could continue their discussions on the appropriate forum for this case and ten nearly analogous class actions filed against Defendant nationwide (Doc. 9). The parties' negotiations have been delayed while the parties awaited decisions on pending transfer and consolidation motions pending in the Southern District of Florida (See Abreu v. Pfizer Inc., No. 21-CV-62122 (S.D. Fla.)). On August 24, 2022, the parties filed a joint status report representing that the District Court Judge overseeing Abreu recently adopted in full the Magistrate Judge's report and recommendation to transfer Abreu to the Southern District of New York (Doc. 21). The parties report that they are continuing to meet and confer about the possible impact of the Abreu ruling on the proper venue for this case, and ask for additional time to continue their discussions. The parties jointly propose that they file a subsequent joint status report on or before September 29, 2022. In light of these representations, the Court DIRECTS the parties to file their next status report regarding the current stay of proceedings by September 29, 2022, unless events before that time warrant an earlier report to the Court. This matter remains STAYED pursuant to the Order at Doc. 9. (Status Report due by 9/29/2022). Signed by Judge David W. Dugan on 8/25/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 1/5/2023.]
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| Filing 21 STATUS REPORT (Joint) by Pfizer, Inc.. (Shah, Raj) [Transferred from Illinois Southern on 1/5/2023.] |
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Filing 20
ORDER. In light of the representations in the joint status report filed by the parties at Doc. 19, the Court DIRECTS the parties to file their next status report regarding the current stay of proceedings by November 1, 2022, unless events before that time warrant an earlier report to the Court. This matter remains STAYED pursuant to the Order at Doc. 9. (Status Report due by 11/1/2022). Signed by Judge David W. Dugan on 8/2/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 1/5/2023.]
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| Filing 19 STATUS REPORT Joint Status Report by Pfizer, Inc.. (Shah, Raj) [Transferred from Illinois Southern on 1/5/2023.] |
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Filing 18
ORDER. In light of the representations in the joint status report filed by the parties at Doc. 17, the Court DIRECTS the parties to file their next status report regarding the current stay of proceedings by August 1, 2022, unless events before that time warrant an earlier report to the Court. This matter remains STAYED pursuant to the Order at Doc. 9. (Status Report due by 8/1/2022). Signed by Judge David W. Dugan on 6/2/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 1/5/2023.]
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| Filing 17 STATUS REPORT filed jointly by Pfizer, Inc.. (Shah, Raj) [Transferred from Illinois Southern on 1/5/2023.] |
| Filing 16 Corporate Disclosure Statement by Pfizer, Inc.. (Shah, Raj) [Transferred from Illinois Southern on 1/5/2023.] |
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Filing 15
ORDER. In light of the representations in the joint status report filed by the parties at Doc. 14, the Court DIRECTS the parties to file their next status report regarding the current stay of proceedings by June 1, 2022, unless events before that time warrant an earlier report to the Court. This matter remains STAYED pursuant to the Order at Doc. 9. Further, a review of the record indicates that Defendant Pfizer, Inc. has not filed the required disclosures under Federal Rule of Civil Procedure 7.1. Defendant shall therefore file its corporate disclosure statement by April 11, 2022. (Action due by 4/11/2022, Status Report due by 6/1/2022). Signed by Judge David W. Dugan on 4/4/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 1/5/2023.]
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| Filing 14 STATUS REPORT - JOINT - by Pfizer, Inc.. (Shah, Raj) [Transferred from Illinois Southern on 1/5/2023.] |
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Filing 13
ORDER. In light of the representations in the joint status report filed by the parties at Doc. 12, the Court DIRECTS the parties to file their next status report regarding the current stay of proceedings by April 1, 2022, unless events before that time warrant an earlier report to the Court. This matter remains STAYED pursuant to the Order at Doc. 9. (Status Report due by 4/1/2022). Signed by Judge David W. Dugan on 3/1/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 1/5/2023.]
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| Filing 12 STATUS REPORT - Joint Status Report - by Pfizer, Inc.. (Shah, Raj) [Transferred from Illinois Southern on 1/5/2023.] |
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Filing 11
ORDER. This punitive class action is one of ten nearly analogous class actions filed against Defendant Pfizer nationwide, all of which are related to a recall of Chantix (varenicline). The parties agree that all actions would benefit from being heard in a single forum. On November 23, 2021, this Court stayed this action in its entirety so the parties could continue their discussions on the appropriate forum (Doc. 9). On January 21, 2022, the parties filed a joint status report concerning the ongoing negotiations (Doc. 10). The parties represent that at least seven of the pending class actions have been stayed, and the parties are awaiting decisions on their motions to transfer venue and motions for consolidation. Specifically, Defendant moved to transfer the pending class action in the Southern District of Florida (See Abreu v. Pfizer Inc., No. 21-CV-62122 (S.D. Fla.)) to the Southern District of New York, where the first-filed class action is pending. The Plaintiffs in Abrueu also seek to have three of the pending actions consolidated. The parties represent that all pending motions concerning these issues have been briefed, and they believe a ruling on the motions will "materially advance" their discussions to determine the appropriate forum for the stayed actions. Accordingly, the parties ask that this matter continue to be stayed, and they propose to file a status report within 14 days after a ruling that resolves the transfer and consolidation issues. In light of these representations, the Court DIRECTS the parties to file their next status report regarding the current stay of proceedings by March 15, 2022, or within 7-days after a ruling that resolves the pending transfer and consolidation issues, whichever is earlier, unless events before that time warrant an earlier report to the Court. This matter remains STAYED pursuant to the Order at Doc. 9. (Status Report due by 3/15/2022). Signed by Judge David W. Dugan on 1/25/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 1/5/2023.]
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| Filing 10 STATUS REPORT - JOINT STATUS REPORT - by Pfizer, Inc.. (Shah, Raj) [Transferred from Illinois Southern on 1/5/2023.] |
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Filing 9
ORDER STAYING CASE Granting #8 Joint MOTION to Stay All Case Deadlines -. By motion dated November 22, 2021, the parties jointly request a stay of all deadlines in this putative class action. This action is one of ten nearly analogous class actions filed in courts across the country, all of which are related to a recall of Chantix (varenicline). The parties agree that all actions would benefit from being heard in a single forum. They are in discussions to determine the appropriate forum for all ten actions and request a brief stay as they continue to negotiate in good faith. For good cause shown, the motion to stay all case deadlines is GRANTED. This action shall be STAYED in its entirety. On or before January 21, 2022, the parties shall file a joint status report addressing the status of their negotiations, unless events before that date warrant an earlier report to the Court. Signed by Judge David W. Dugan on 11/23/2021. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 1/5/2023.]
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| Filing 8 Joint MOTION to Stay All Case Deadlines - by Pfizer, Inc.. (Shah, Raj) [Transferred from Illinois Southern on 1/5/2023.] |
| Filing 7 NOTICE of Appearance by Raj N. Shah on behalf of Pfizer, Inc. (Shah, Raj) [Transferred from Illinois Southern on 1/5/2023.] |
| Filing 6 SUMMONS Returned Executed by Tara Evans. Pfizer, Inc. served on 11/3/2021, answer due 11/24/2021. (Geske, Paul) [Transferred from Illinois Southern on 1/5/2023.] |
| Filing 5 Case Reassigned to Judge David W. Dugan. Judge J. Phil Gilbert no longer assigned to the case. (kek) [Transferred from Illinois Southern on 1/5/2023.] |
| Filing 4 Summons Issued as to Pfizer, Inc. and original mailed to Attorney Geske. (kek) [Transferred from Illinois Southern on 1/5/2023.] |
| Filing 3 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 21-cv-1263-JPG. (kek) [Transferred from Illinois Southern on 1/5/2023.] |
| Filing fee: $ 402.00, receipt number AILSDC-4607176 (kek) [Transferred from Illinois Southern on 1/5/2023.] |
| Filing 2 NOTICE of Appearance by Paul Geske on behalf of Tara Evans (Geske, Paul) [Transferred from Illinois Southern on 1/5/2023.] |
| Filing 1 COMPLAINT against Pfizer, Inc., filed by Tara Evans. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Geske, Paul) [Transferred from Illinois Southern on 1/5/2023.] |
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| Plaintiff: Tara Evans | |
| Represented By: | Paul T. Geske |
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| Defendant: Pfizer Inc | |
| Represented By: | Raj N. Shah |
| Represented By: | Matthew A. Holian |
| Represented By: | Jessica Carol Wilson |
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