DUFF v. PFIZER, INC.
| Karen Duff |
| Pfizer Inc |
| 1:2023cv00095 |
| January 5, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Other Fraud |
| 28 U.S.C. § 1332 fr Diversity-Fraud |
| Plaintiff |
Docket Report
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Filing 27
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 26 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 25 CASE TRANSFERRED IN from the United States District Court - District of Pennsylvania Western; Case Number: 2:21-cv-01350. 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 ACCEPTED AS RELATED. Create association to 1:22-md-03050-KPF. Notice of Assignment to follow. (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) |
| 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) |
| CONSOLIDATED MDL CASE: Create association to 1:22-md-03050-KPF. (vba) |
| Case Designated ECF. (vba) |
| Filing 24 Certified Copy of Conditional Transfer Order received from Southern District of New York. (dmh) [Transferred from Pennsylvania Western on 1/5/2023.] |
| Filing 23 STATUS REPORT (Joint) by PFIZER, INC.. (Attachments: #1 Exhibit 1 - JPML Transfer Order) (Rappaport, Nancy) [Transferred from Pennsylvania Western on 1/5/2023.] |
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Filing 22
ORDER denying without prejudice #11 Defendant's Motion to Transfer to the Southern District of New York in accordance with the Court's Memorandum Order at Docket No. 22 . Signed by Judge W. Scott Hardy on 11/29/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kas) [Transferred from Pennsylvania Western on 1/5/2023.]
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Filing 21
MEMORANDUM ORDER denying without prejudice #9 Defendant's Motion to Temporarily Lift Stay for a Limited Purpose to File a Motion to Transfer. This matter remains STAYED pursuant to the Order at Docket No. #8 . Defendant may revisit the issue of transferring venue should the Judicial Panel on Multidistrict Litigation deny the MDL petition. The parties shall file a joint status report regarding the current stay of proceedings within 5 days after the JPML's decision, or by 12/31/2022, whichever is earlier. See Memorandum Order for further details. Signed by Judge W. Scott Hardy on 11/29/2022. (kas) [Transferred from Pennsylvania Western on 1/5/2023.]
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| Filing 20 NOTICE Plaintiff's Notice of Further Supplemental Authority in Further Opposition to Defendant's Motion to "Temporarily" Lift Stay by KAREN DUFF re #9 Motion to Lift Stay (Attachments: #1 Exhibit A) (Stanoch, David) [Transferred from Pennsylvania Western on 1/5/2023.] |
| Filing 19 NOTICE of Supplemental Authority in Support of Defendant's Motion to Temporarily Lift Stay and Motion to Transfer by PFIZER, INC. re #9 Motion to Lift Stay, #11 Motion to Transfer Case (Attachments: #1 Exhibit A, #2 Exhibit B) (Rappaport, Nancy) Modified on 11/17/2022 (cel). [Transferred from Pennsylvania Western on 1/5/2023.] |
| Filing 18 NOTICE Plaintiff's Notice of Further Supplemental Authority in Further Opposition to Defendant's Motion to "Temporarily" Lift Stay by KAREN DUFF re #13 Brief in Opposition to Motion, #9 Motion to Lift Stay, #15 Reply to Response to Motion (Attachments: #1 Exhibit A) (Stanoch, David) [Transferred from Pennsylvania Western on 1/5/2023.] |
| Filing 17 NOTICE Plaintiff's Notice of Supplemental Authority in Further Opposition to Defendant's Motion to "Temporarily" Lift Stay by KAREN DUFF re #13 Brief in Opposition to Motion, #9 Motion to Lift Stay, #15 Reply to Response to Motion (Attachments: #1 Exhibit A) (Stanoch, David) [Transferred from Pennsylvania Western on 1/5/2023.] |
| Filing 16 REPLY in Support re #11 Motion to Transfer Case filed by PFIZER, INC. (Rappaport, Nancy) [Transferred from Pennsylvania Western on 1/5/2023.] |
| Filing 15 REPLY in Support re #9 Motion to Lift Stay, filed by PFIZER, INC. (Rappaport, Nancy) [Transferred from Pennsylvania Western on 1/5/2023.] |
| Filing 14 BRIEF in Opposition re #11 Motion to Transfer Case filed by KAREN DUFF. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Proposed Order) (Stanoch, David) [Transferred from Pennsylvania Western on 1/5/2023.] |
| Filing 13 BRIEF in Opposition re #9 Motion to Lift Stay, filed by KAREN DUFF. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Stanoch, David) [Transferred from Pennsylvania Western on 1/5/2023.] |
| Filing 12 BRIEF in Support re #11 Motion for Transfer to the Southern District of New York filed by PFIZER, INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (dmh) [Transferred from Pennsylvania Western on 1/5/2023.] |
| Filing 11 MOTION for Transfer to the Southern District of New York by PFIZER, INC. (Attachments: #1 Proposed Order) (dmh) [Transferred from Pennsylvania Western on 1/5/2023.] |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #9 Motion to Lift Stay. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Memo of Law In Support of Motion to Lift Stay. This message is for informational purposes only. (dmh) [Transferred from Pennsylvania Western on 1/5/2023.] |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #9 Motion to Lift Stay. ERROR #1: Motion for Transfer to the Southern District of New York and Brief in Support of same should have been filed separately AND as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Motion to Transfer and Brief separately. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR #2: Proposed Order re Motion for Transfer was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (dmh) [Transferred from Pennsylvania Western on 1/5/2023.] |
| Filing 10 BRIEF in Support re #9 Motion to Lift Stay, filed by PFIZER, INC. (dmh) [Transferred from Pennsylvania Western on 1/5/2023.] |
| Filing 9 MOTION to Lift Stay Temporarily by PFIZER, INC. (Attachments: #1 Memo of Law in Support, #2 Proposed Order, #3 Exhibit 1 (Proposed Motion to Transfer), #4 Exhibit A to Exhibit 1, #5 Exhibit B to Exhibit 1, #6 Exhibit C to Exhibit 1, #7 Exhibit D to Exhibit 1, #8 Exhibit E to Exhibit 1, #9 Exhibit F to Exhibit 1) (Rappaport, Nancy). Memo of Law in Support (attachment #1) removed from view and refiled at #10 . Motion to Transfer and Proposed Order removed from view and refiled at #11 . Brief in Support of Motion to Transfer and Exhibits removed from view and refiled at #12 . Modified on 10/17/2022 (dmh). [Transferred from Pennsylvania Western on 1/5/2023.] |
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Filing 8
ORDER granting #7 Motion to Stay. See Order for further details. Signed by Judge W. Scott Hardy on 12/21/2021. (kas) [Transferred from Pennsylvania Western on 1/5/2023.]
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| Filing 7 MOTION to Stay (Joint Motion for Stay of Proceedings) by PFIZER, INC.. (Attachments: #1 Certificate of Service, #2 Proposed Order) (Rappaport, Nancy) [Transferred from Pennsylvania Western on 1/5/2023.] |
| Filing 6 Disclosure Statement identifying None as corporate parent or other affiliate, by PFIZER, INC.. (Attachments: #1 Certificate of Service) (Rappaport, Nancy) [Transferred from Pennsylvania Western on 1/5/2023.] |
| Filing 5 NOTICE of Appearance by Nancy Shane Rappaport on behalf of PFIZER, INC.. (Attachments: #1 Certificate of Service) (Rappaport, Nancy) [Transferred from Pennsylvania Western on 1/5/2023.] |
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Filing 4
ORDER regarding Motions pursuant to Federal Rule of Civil Procedure 12(b). See attached Order for further details. Signed by Judge W. Scott Hardy on 10/13/2021. (dms) [Transferred from Pennsylvania Western on 1/5/2023.]
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| Filing 3 NOTICE that the instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the Stipulation of selecting an ADR process. Counsel for plaintiffs (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (dms) [Transferred from Pennsylvania Western on 1/5/2023.] |
| Filing 2 Summons Issued as to PFIZER, INC. (keh) [Transferred from Pennsylvania Western on 1/5/2023.] |
| Judge David S. Cercone no longer assigned to case, added in error. (mao) [Transferred from Pennsylvania Western on 1/5/2023.] |
| Judge W. Scott Hardy added. (mao) [Transferred from Pennsylvania Western on 1/5/2023.] |
| Filing 1 COMPLAINT against PFIZER, INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-6748107), filed by KAREN DUFF. (Attachments: #1 Civil Cover Sheet) (keh) [Transferred from Pennsylvania Western on 1/5/2023.] |
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| Plaintiff: Karen Duff | |
| Represented By: | David John Stanoch |
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| Defendant: Pfizer Inc | |
| Represented By: | Nancy Shane Rappaport |
| Represented By: | Jessica Carol Wilson |
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