Lima v. Pfizer, Inc.
Plaintiff: Kathleen Lima
Defendant: Pfizer Inc
Case Number: 1:2023cv00204
Filed: January 10, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. § 1332 pl Diversity-Product Liability
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 3, 2023 Filing 23 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)
January 10, 2023 Filing 21 CASE TRANSFERRED IN from the United States District Court - District of Minnesota; Case Number: 0:22-cv-02243. Original file certified copy of transfer order and docket entries received.
January 10, 2023 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)
January 10, 2023 Case Designated ECF. (vba)
January 10, 2023 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)
January 10, 2023 CONSOLIDATED MDL CASE: Create association to 1:22-md-03050-KPF. (vba)
January 10, 2023 CASE ACCEPTED AS RELATED. Create association to 1:22-md-03050-KPF. Notice of Assignment to follow. (vba)
January 10, 2023 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)
January 6, 2023 Opinion or Order Filing 22 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) (rro)
January 6, 2023 Filing 20 CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO-1) transferring case to the Southern District of New York per the MDL Panel for coordinated or consolidated pretrial proceedings. Case assigned to Judge Katherine Polk Failla.(CLK) [Transferred from Minnesota on 1/10/2023.]
November 16, 2022 Opinion or Order Filing 19 ORDER OF REASSIGNMENT OF RELATED CASES that Case number 22-cv-2325 WMW/ECW has been reassigned to Judge John R. Tunheim and Magistrate Judge Dulce J. Foster. Signed by Judge John R. Tunheim and Judge Wilhelmina M. Wright on 11/16/2022.(CLK) [Transferred from Minnesota on 1/10/2023.]
November 11, 2022 Filing 18 REPLY re #8 MOTION to Transfer/Change Venue filed by Pfizer, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Dapper, Ruth) [Transferred from Minnesota on 1/10/2023.]
October 28, 2022 Filing 17 RESPONSE in Opposition re #8 MOTION to Transfer/Change Venue and Motion to Stay Proceedings filed by Kathleen Lima. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Raso, Ashleigh) [Transferred from Minnesota on 1/10/2023.]
October 14, 2022 Opinion or Order Filing 16 ORDER granting #6 Motion for Permission for Non-Resident Attorney to Serve as Local Counsel and Motion for Admission Pro Hac Vice of Jessica Wilson for Pfizer, Inc. Signed by Judge John R. Tunheim on 10/14/2022. (KMO) [Transferred from Minnesota on 1/10/2023.]
October 12, 2022 Opinion or Order Filing 15 (Text-Only) ORDER/NOTICE TO ATTORNEY: Due to the pending Motion to Transfer/Change Venue (ECF No. #8 ), the Court finds there is good cause to delay the entry of a pretrial scheduling order. The Court will schedule a pretrial conference, if needed, promptly after a decision is issued on the pending motion. Ordered by Magistrate Judge Dulce J. Foster on 10/12/2022.(LNP) [Transferred from Minnesota on 1/10/2023.]
October 7, 2022 Filing 14 PROPOSED ORDER TO JUDGE re #8 MOTION to Transfer/Change Venue filed by Pfizer, Inc..(Dapper, Ruth) [Transferred from Minnesota on 1/10/2023.]
October 7, 2022 Filing 13 MEET and CONFER STATEMENT re #8 Motion to Transfer/Change Venue filed by Pfizer, Inc..(Dapper, Ruth) [Transferred from Minnesota on 1/10/2023.]
October 7, 2022 Filing 12 Declaration of Thomas D. McRae, M.D., M.S. in Support of #8 MOTION to Transfer/Change Venue filed by Pfizer, Inc.. (Attachments: #1 Exhibit(s) 1)(Dapper, Ruth) [Transferred from Minnesota on 1/10/2023.]
October 7, 2022 Filing 11 Declaration of Ruth N. Dapper in Support of #8 MOTION to Transfer/Change Venue filed by Pfizer, Inc.. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4)(Dapper, Ruth) [Transferred from Minnesota on 1/10/2023.]
October 7, 2022 Filing 10 MEMORANDUM in Support re #8 MOTION to Transfer/Change Venue filed by Pfizer, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Dapper, Ruth) [Transferred from Minnesota on 1/10/2023.]
October 7, 2022 Filing 9 NOTICE OF HEARING ON MOTION #8 MOTION to Transfer/Change Venue : Date and time to be determined. (Dapper, Ruth) [Transferred from Minnesota on 1/10/2023.]
October 7, 2022 Filing 8 MOTION to Transfer/Change Venue filed by Pfizer, Inc.. (Dapper, Ruth) [Transferred from Minnesota on 1/10/2023.]
October 7, 2022 Filing 7 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Pfizer, Inc.. (Dapper, Ruth) [Transferred from Minnesota on 1/10/2023.]
October 7, 2022 Filing 6 MOTION for Admission Pro Hac Vice for Attorney Jessica C. Wilson. Filing fee $ 100, receipt number AMNDC-9811683 filed by Pfizer, Inc.. (Attachments: #1 Motion for Non-Resident to Serve as Local Counsel)(Dapper, Ruth) [Transferred from Minnesota on 1/10/2023.]
September 17, 2022 Filing 5 SUMMONS Returned Executed by Kathleen Lima. Pfizer, Inc. served on 9/16/2022, answer due 10/7/2022. (Raso, Ashleigh) [Transferred from Minnesota on 1/10/2023.]
September 15, 2022 Filing 4 CIVIL COVER SHEET re #1 Complaint filed by Pfizer, Inc. filed by Kathleen Lima. (Raso, Ashleigh) [Transferred from Minnesota on 1/10/2023.]
September 15, 2022 Filing 3 Summons Issued as to Pfizer, Inc. (CLK) [Transferred from Minnesota on 1/10/2023.]
September 15, 2022 Filing 2 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge John R. Tunheim per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Dulce J. Foster. Please use case number 22-cv-2243 JRT/DJF.Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (CLK) [Transferred from Minnesota on 1/10/2023.]
September 14, 2022 Filing 1 COMPLAINT against Pfizer, Inc. (filing fee $ 402, receipt number AMNDC-9760766) filed by Kathleen Lima. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet) (Raso, Ashleigh) [Transferred from Minnesota on 1/10/2023.]

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Plaintiff: Kathleen Lima
Represented By: Ashleigh Raso
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Defendant: Pfizer Inc
Represented By: Ruth Dapper
Represented By: Jessica Wilson
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