Spence et al v. Pfizer, Inc.
| Daniel Spence and Carita Thompson |
| Pfizer Inc |
| 1:2023cv00208 |
| January 10, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Contract Product Liability |
| 28 U.S.C. § 1332 pl Diversity-Product Liability |
| Plaintiff |
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| Filing 23 CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:21-cv-06324. 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 Designated ECF. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-md-03050-KPF. Notice of Assignment to follow. (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) |
| Filing 22 TRANSFERRED to the The Southern District of New York the electronic record. (jh, ) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 21 CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to the Southern District of New York. Mailed notice(jh, ) [Transferred from Illinois Northern on 1/10/2023.] |
| ***Civil Case Terminated pursuant to MDL 3050 Conditional Transfer Order filed 1/9/2023. (jh, ) [Transferred from Illinois Northern on 1/10/2023.] |
Filing 24
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)
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| Filing 20 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 19 STATUS Report JOINT STATUS REPORT by Daniel Spence, Carita Thompson (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Geske, Paul) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 18 MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference set for 12/15/22 is re-set to 1/31/23 at 9:30 a.m. Joint status report shall be filed by 1/11/23. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. The Court will continue the stay until further order of the Court. Mailed notice (maf) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 17 STATUS Report JOINT STATUS REPORT by Daniel Spence, Carita Thompson (Geske, Paul) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 16 TRANSCRIPT OF PROCEEDINGS held on 10/05/22 before the Honorable Harry D. Leinenweber. Order Number: 44345. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/13/2022. Redacted Transcript Deadline set for 12/23/2022. Release of Transcript Restriction set for 2/20/2023. (Mullen, Patrick) [Transferred from Illinois Northern on 1/10/2023.] |
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Filing 15
ORDER: Telephonic status and ruling on motion hearing held. Pro hac vice motion is granted #14 . Telephone Conference continued to 12/15/22 at 9:15 a.m. Joint status report shall be filed by 12/7/22. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. The Court will continue the stay until further order of the Court. Signed by the Honorable Harry D. Leinenweber on 10/5/2022. Mailed notice (jh, ) [Transferred from Illinois Northern on 1/10/2023.]
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| Filing 14 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19910431. on behalf of Pfizer, Inc. (Gulliver, Colleen) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 13 STATUS Report JOINT STATUS REPORT by Daniel Spence, Carita Thompson (Geske, Paul) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 12 STATUS Report (Joint) by Pfizer, Inc. (Shah, Raj) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 11 MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference set for 10/5/22 at 9:00 a.m. Joint status report shall be filed by 9/29/22. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Mailed notice(maf) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 10 STATUS Report JOINT STATUS REPORT by Daniel Spence, Carita Thompson (Geske, Paul) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 9 MINUTE entry before the Honorable Harry D. Leinenweber: Unopposed motion to stay proceedings #7 is granted. Telephone Conference set for 2/9/22 and joint status report date of 2/1/22 is vacated. Parties shall file a joint status report by 4/11/22. Mailed notice(maf) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pfizer, Inc. (Shah, Raj) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 7 MOTION by Defendant Pfizer, Inc. to stay - Unopposed Motion For Stay Of Proceedings - (Shah, Raj) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 6 ATTORNEY Appearance for Defendant Pfizer, Inc. by Raj Niranjan Shah (Shah, Raj) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 5 REFUND PROCESSED re REQUEST for Clerk of Court to refund filing fee in the amount of 402, receipt no. 075218909090, regarding complaint #1 (Geske, Paul) #4 (td, ) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 4 REQUEST for Clerk of Court to refund filing fee in the amount of 402, receipt no. 075218909090, regarding complaint #1 (Geske, Paul) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 3 MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference set for 2/9/22 at 9:00 a.m. Joint status report shall be filed by 2/1/22. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. Mailed notice(maf) [Transferred from Illinois Northern on 1/10/2023.] |
| CASE ASSIGNED to the Honorable Harry D. Leinenweber. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (dxb, ) [Transferred from Illinois Northern on 1/10/2023.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (dxb, ) [Transferred from Illinois Northern on 1/10/2023.] |
| SUMMONS Issued as to Defendant Pfizer, Inc. (dxb, ) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 2 ATTORNEY Appearance for Plaintiffs Daniel Spence, Carita Thompson by Paul T. Geske (Geske, Paul) [Transferred from Illinois Northern on 1/10/2023.] |
| Filing 1 COMPLAINT filed by Daniel Spence, Carita Thompson; Jury Demand. Filing fee $ 402, receipt number 0752-18909103. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Summons to be Issued)(Geske, Paul) [Transferred from Illinois Northern on 1/10/2023.] |
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