BAPTISTE v. PFIZER, INC.
| TERESA BAPTISTE |
| Pfizer Inc |
| 1:2023cv00211 |
| January 10, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Contract Product Liability |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Both |
Docket Report
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Filing 16
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 SO ORDERED that Marlene J. Goldenberg is withdrawn from representing Plaintiff Teresa Baptiste in this case.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 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 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 11 CASE TRANSFERRED IN from the United States District Court - District of Pennsylvania Eastern; Case Number: 2:22-cv-03647. 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) |
| 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 ACCEPTED AS RELATED. Create association to 1:22-md-03050-KPF. Notice of Assignment to follow. (vba) |
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Filing 12
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 10 Certified Copy of Conditional Transfer Order (CT0-1) THAT THE ABOVE CAPTIONED CASE IS TRANSFERRED TO USDC FOR THE SOURTHERN DISTRICT OF NEW YORK FOR COORDINATED OR CONSOLIDATED PRETRIAL PROCEEDINGS PURSUANT TO 28 U.S.C. & 1407; ETC. (JL) [Transferred from Pennsylvania Eastern on 1/10/2023.] |
| CASE TRANSFERRED TO THE USDC FOR SOUTHERN DISTRICT OF NEW YORK (JL) [Transferred from Pennsylvania Eastern on 1/10/2023.] |
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Filing 9
ORDER DENIED WITHOUT PREJUDICE TO REFILE ONCE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION HAS DECIDED WHETHER TO INCLUDE THIS MATTER IN A MULTI-DISTRICT LITIGATION #6 MOTION TO TRANSFER BY HONORABLE WENDY BEETLESTONE ON 11/04/2022.11/04/2022 ENTERED AND COPIES E-MAILED.(amw) [Transferred from Pennsylvania Eastern on 1/10/2023.]
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| Filing 8 REPLY to Response to Motion re #6 MOTION to Transfer filed by PFIZER, INC.. (RAPPAPORT, NANCY) [Transferred from Pennsylvania Eastern on 1/10/2023.] |
| Filing 7 Memorandum in Opposition re #6 MOTION to Transfer filed by TERESA BAPTISTE. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Declaration, #8 Text of Proposed Order)(FREIWALD, AARON) [Transferred from Pennsylvania Eastern on 1/10/2023.] |
| Filing 6 MOTION to Transfer filed by PFIZER, INC..Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Text of Proposed Order)(RAPPAPORT, NANCY) [Transferred from Pennsylvania Eastern on 1/10/2023.] |
| Filing 5 ANSWER to Complaint together with and Affirmative Defenses by PFIZER, INC..(RAPPAPORT, NANCY) [Transferred from Pennsylvania Eastern on 1/10/2023.] |
| Filing 4 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by PFIZER, INC..(RAPPAPORT, NANCY) [Transferred from Pennsylvania Eastern on 1/10/2023.] |
| Filing 3 NOTICE of Appearance by NANCY SHANE RAPPAPORT on behalf of PFIZER, INC. with Certificate of Service(RAPPAPORT, NANCY) [Transferred from Pennsylvania Eastern on 1/10/2023.] |
| Filing 2 Summons Issued as to PFIZER, INC.. Forwarded To: EMAILED TO PLAINTIFF'S COUNSEL on 9/14/22 (JL) [Transferred from Pennsylvania Eastern on 1/10/2023.] |
| Filing 1 COMPLAINT against PFIZER, INC. ( Filing fee $ 402 receipt number APAEDC-16168769.), filed by TERESA BAPTISTE.(FREIWALD, AARON) [Transferred from Pennsylvania Eastern on 1/10/2023.] |
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| Plaintiff: TERESA BAPTISTE | |
| Represented By: | AARON J. FREIWALD |
| Represented By: | Ruben Honik |
| Represented By: | Marlene Jaye Goldenberg |
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| Defendant: Pfizer Inc | |
| Represented By: | Nancy Shane Rappaport |
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