In re: Mirena IUD Products Liability Litigation
Plaintiff: Claudia Andrade, Kimberly Thompson, Shawntae Rollings, Ioana F Olteanu, Jody Kennedy, Alexis Rinas, Diane Thomas, Krystelyn Morishita, Christin H. Downs, Christine Lorenz, Trinda Morrison, Amber Spear, Jencenta Fomeche, Leslie Strader, Tiffany Steele, Mitch G. Allen, Jamika Dotson, Ms Suannet Velazquez, Marissa Bonita Lee, Martha E Cota, Chenine Sandoval, July Cortez, Danielle Dominie, Tiffany Roeling, Annesley DeGaris, Jaquayla Kelly, Keri Karnopp, Sheila Estrada, Sara Klabunde, Alphaann Lobato, Danielle Bailey, Jessica Santoro, Ashley MacDonald, Jamie Roach, Kenisha Cannon, Brandi Garrity, Donald L. Benthusen, Tawana Hill-Brooks, Toyana Robinson, Sheresa Bownds, Rheanne Martin, Joshua Stewart, Darlene A Peterson, Elina Lloyd, Jonathan Doyle, Jr., LaShallah Bailey, Jessica Giddens, Jamaica R. Noland, Alicia Barrera, Casey Thurman, Carina Perez, Melissa Ciantae Williams, Brandie Duryea, Gina Beldon, Jessica Young, Sara Falcon, June Davis, Nakita Williams, Sonja Zimmerman, Yvette Thames, Angelique Neptune, Jesse Young, Shawn Grande, Christina Knipp, Leanndra Couvillion, Emily Fauntleroy, Chardey Johnson, Elda Rivera-Coca, Carol Scherrer, Irma Ivette Perez, Stephanie Meza, Lourdes Gonzalez, Tiffany Abernathy, Judy Hamilton, Shakemeia Johnson, Ericia Johnson, Rita Miller, Martina Tyler, Sherry Nelson, Mariah Kight, Shedella V. Jessee, Stephanie Summarell, Adam McLaughlin, Ms. Jessica Fountaine, Jessica Penot, Natacha Dupervil, Joni Powell, Heather Coville, Sofia Ramos-Cruz, Stephanie Campbell, Cristina Pena, Jeff Dangar, Latasha Morss, Jasmine Torres, Tiffany Dawn Eaton, Terry Pittman, Samantha Wright, Katrina Harris-Kemp, Stephanie Corley, George Druckenmiller, Rachel Hermosillo, Laureen Green, Brittnie Riley, Leandra Lovett, Jennifer G Donoway, Kristen Jones, Randi Williams, Janelle Hubert, Candace Butler, Kimberlee Ross, Ashley Elms, Crystal M. Smith, Jessica Brown, Katrina Glass, Gabina Mendoza, Nicole Johnson, Maitai Garcia, Whittney Junker, Cynthia Childers, Robyn J Short, Shelby Spain, Lotoya Vickers, Breanna Welke, Brian Sunny, Peggy Susanne Barrett, Celeste Plucha, Jessica T Balogh, Joanna Trujillo, Sabrina Anderson, Deena D. Driscoll, Melanie Shotzbarger, Janell Egloff, Felicia Duncan, Emily Hernandez, Alicia Torres, Cynthia Solano, Whitney Suggs, Hilkka Griffith, Britney Ellison, Charlencia Waters, Jamie Radack, DeShawn McMillian, Angela Benson, Jasmin Ellis, Kellye R. Norris-Barghothi, Megan Temple, Emma Ellizabeth Reel, Leah Laskan, Hilda Murphree, Patricia Munoz, Shanda Modlin, Stephanie Lentz, Karen L. Davis, Amanda Thompson, Robert Harmer, Nanette Sasser, Patricia Moss, Yolanda Peterson, Telarra Johnson, Curtiss Melder, Donniesha Allen, Staci Durbala, Melissa Louise Davis, Kandie Shade, Kareem Saunders, Mindy Silvas, Michael Parrish, Kristina Marie Crisel, Ciara Parnell, Carolyn La-Crockett, Sherita Jackson, Stephanie Birdsong, Jessica Solis, Rachel Dollins, Ashley Korbe, Jessica M. Freret, Sarah Spurlock, Christina Kohler, Jaime Weiler, Tiffany Bounds, Spring Jarrell, Dawn Marie Covert, CRYSTAL MILLER, Amber Thompson, Abigail Urban, Jessica M. Matlock, Christina Taylor-riendeau, Kara Seachord, Darci Henderson, Richard Petry, Linda Baca, Brandy Wiggins, Jeffrey Whittington, Brandon Dunn, Willie D. McLead, Gloria A Stroud, Augustin Ruiz, Ivy Vincent, Kenya Briggs, Katrina Witherspoon, Evanna Ferguson, Roberta Delloyd, Lavue Pearson, Jacqueline Knous, Symonne Jett, Carol Erwin, Heather Williams, Jamie Lee Harris, Melissa Stewart, Cecilia Gamez, Jennifer Petty, Kimberly Horton, Joseph Pfeifer, Melissa Gooch, Sheena Montano-Padilla, Yevonda Williams, Sarah Roque, Ricci Jones, Vanessa Mercado, Patricia Hamlett, Clarese Chevelle Weathers, Lindsey D. Stepp, Natalie Harrison, Carenia Williams, Lesley Renteria, Brandon Sweet, Shunta Lynn Hall, Cassandra Block, Nadia Lopez, Alanna Miles, Kelly L. Daniel, Lyndsey H Wilson, Vincent Smith, Aisha Boykin, Scott Boynton, Shelly Chapman, Philip Elson, Tara D Hicks, Marlena Alvarez, Sandra Harmon, Shiva Krupa, Denise Mrgudich, Kimberly A. Sharples, Shelley Chow, Tiara Pettis, Lee Ann Jacoby, Doris Cummins, Rebecca Straughan, Meia Crow, Taylor Erickson, Gail Lorraine, Genelle Seward, Alexandra Marin, Tina King, Mercedes Jimenez, Amanda Vanhook, Travis Comtois, Megan Leis, Jessica Rivera, Bonita Hernandez, Erika Patterson, Alejandra Huerta, Keisha Roberson, Angela Boeske, Samantha Capaldo, Danielle J. Melnyk, Kevin Peets, Ashley Delespin, Gary Furner, Amy Adams, Jennifer Melder, Melissa Monroe, Michelle Mattes, Shaunte Davis, Jionnis Lewis, Sarah Wood, Giovanna A. Alvarez, Erlen Jimenez, Kelly Biondo, Meghan Lance, Amber Foster, Kassandra Gomez, Andrea Wackler, Ashlee A. Hamilton, Jessica S Rice, Jennifer Vezina, Maya Wofford, Muire McKinley, Catherine Surber, Jaimee Varsalone, Stacy Piper, Kathleen K O'Brien, Katie Rourk, Amy Demrovsky, Leah Wade, Lori Walton, Elizabeth Koop, Lori Gahr, Justin Vaughn Harris, Wendy Roberts, Tawanda S Ball, Sokha Thon, Kelly Heffington, Amy Edwards, Lester Harmon, Devon Druckenmiller, Kisha Bailey, Lakeisha R. McLeod, Christy Washington, Danielle Hiza, Sandra Gideon, Tiffany Currie, Amanda Leigh Walsh, Tammy Delaughter, Nathan Smith, Julie Aase, Rebekah Brazil, Yasmen Featherstone, Amber Wagner, Erica Henley, Ishani Dias, Tatum Davignon, Autumn Tincher, Ulises Baca Almanza, Angela Gilman, Shannon Balthazor, Angelina Medina, Megan Johnson, Latoya Redo, Vernetta Davis, Sara E. Bahat, Ashton Anderson, Pauline Bocalan, Rebecca Burton, Nell Dewey, Lisa Estes, Miranda Roberson, Falisha Robinson, Crystal Jackson, Constance Edwards, Margaret J. Ponce, Shelondia D Winston, Maryssa Starr Hux, Bethanie Kellione, Kara Carter, Shannon Santiago, Kathryn Cordell, Misty Martin, Athena Condich, Elise A Martins, Jesus Lopez, Rebecca L Mehrer, Kayla Villarreal, Hope Ingle, Anthony Dean Howell, Terri Silva, KeVonne Union, Amber Denny, Teresa Zubia, Angela Kinnard, Tiffany M Yarborough, Wendy Reagan, Carla M Tellis, Jennifer Huntley, Sarah Whitaker, Natalie Gonzalez, Daphne Delee, Kara Lamp, Vanessa Flathers, Amy Ash, Nicole Dorsey, Constance Nelson, Faun R. Cope, Michael Esposito, Jennifer Whittington, Rebecca Nelson, Ashley Crowley, Byron Anderson, Alejandra Ursua, Carliss Wooten-Griffin, Alicia Sloan, Melissa K. Taylor, Lori Burns, Amanda Leonard, Deniece James, Fiordaliza Murel-Osorio, Vicky Lankford, Brooke A. Montiforte, Melissa Sigmon, Dentrisha White, Kim Kammerdiener, Yessica Cano, LaShaundra Matthews, Rebecca Foret, Sparkle Spears, Keesha L. Odom, Kathryn Janicke, Stephanie Reyes, Karina Hernandez, Stephanie Adams, Ashley Wallace, Janae Hill, Patricia Brewer, John Serrano, Brooke Larrimore, Unity Boyle, Stephanie Hall, Rebecca Curran, Amanda Blair, Paul O'Brien, Tammi Picard, Shanterrica Ogarro, Kristen Korbus, Carly Boudreaux, Amanda Barrett, Jacquelyn Goetz-Moffitt, Kathy Pigott, Ronshelle Arvie, Kevin Crawford, Jay Strickland, April Janda, Jazme' D. Reed, Katey Daughtery, Tamara Embler, Kacie Dugas, Elizabeth Sellers, Melissa Ferguson, Raquel Demorest, Jeannette Akers, Laura M Mulhall, Shecaniah Phelps, Misty Long, Lindsay Crain, Michelle Dragon, Kaylee Stringham, Cherie Sperato, Iesha Paris, Joyce Booth, Marvetta T. Davis, Melissa Sullivan, Mayra Villegas, Amber Lefler, Christina Raye Starkey, Jennifer Mitchell, Stephanie Talbert, Taminika Williams, Danna Salvaleon-Cua, Brynn Smith, Naza Keserovic, Sharon LaPlante, April Harrier, Sara Barker, Tiffany Lopez, Amy Vanham, Sharie Warmack, Delvina Spahe, Bayer HealthCare Pharmaceuticals, Inc., Susan Chruszcyzyk, Tony Ramirez, Geneva Alexander, Morran Brown, Christina Ozaroff, Ashley Bonanno, Mikea Grubb, Brittany Cool, Victoria Genao, Shawna Hules, Sarah Janney, Jennifer S. Wilson, Kerri Jo Milner, Nicole Bloor, Larissa Brown, Solomiya Melnychuk, Kenneth Clarke, Josie Borelli, Rebecca Grimaldi, Jessica Jackson, Lashawn Marie Davis, Amanda Till, Natalie Rich, Rody Clark, Kendra Lange, James McLoskey, Carolyn Rader, Candace Fuller, Leila H. Watson, Christie Thies, Crystal Starling, Ashley Rhodes, Elizabeth Moore, Mezel Tyler, Kandace R. Galatas, Alison Harrison, Tanee Chappell, Erika Castellano, Sharon Norcott, Timara Louden, Dilsia Mejia, Sandra O Rangel, Brianna Cobb, Jennifer Kohlbrecher, Jamie L. Andrews, Chelsea DelPape, Kathleen Cosmas, Matthew W Walker, Christina Drake, Jamie Leigh Waddell, Trisha N. Shuttleworth, Ashlee D'Jan Blodgett, Tracy Yurksaitis, Gina M. Cunningham, Dawn Stephens, Lucero Freedom, Sonya Ruiz, Michelle Howell, Danyale R. Pinckard, Vanessa Londono, Natasha Rogers, Sheri Michelle Pike, Christy Hilton, Matilda Galvan, Vivian Dinis, Brooke Kap, Mary Katherine Garcia, Kati-An Cook, April Eye, Mary Williams, Misty Murphy, Christa Mccoy, Olivia West, Leslie A. Hartley, Teneera Cunningham, Martha Sanchez, Michelle M. Denison, Geoffrey Sandler, Candice Ditalia, Angelica L. Torres, Tina Roberts, Deanna Wofford Schmidt, Chelsey Day, Nicole Hathcock, Rachel Coughanour, Misty McDowell, Rebekah Humbard, Desiree Hansen, Cynica Taft, Stephanie Barta, Cassie McGrane, Stephanie A. Meadows, Tanya Dunn, Megan Strong, Elizabeth M. Troha, Delina Coleman, Melany Gayle McCann, Nneka Harris, Lauren Troxell, Christie L. Hayes, Chenille Israel, Tracy Clark, Sally McAdam, Ngoc Tran, Alyssa Stoffer, Daejah Terrell, Sonya Omar, Bonnie Lynne Danner, Angela Stephens, Peggy Green, Kelly J. Cook, Kristy Wash, Somer White, Amanda G Sledge, Michael Grimaldi, Dwan Alexander, Tara Custer, Megan Slone, David Goddard, Jennifer Cook-Hoots, Jennifer L. Springer, Felicia S Keene, Ursler West, Kimberly Greenfield, Jody Slaughter, Carrie Dunlap, Magan Brawner, Samantha Hogue, Kami M Hickman, Claudette Eaton, Humaira Mahmood, Marciela Barrera, Michelle Parlante, Kamiria Morris, Penny Ridley, Carey Flint, Christie Young, Carolyn Cutler, Shanea Roundtree, Jessica Johnson, Amalia Beltran, Korrina Martin, Christina Giovanni, Ray Cordero, Danelia Vargas, Guida Socorro Mendoza, Krysti Lee McLain, Heidi Williams, Kari Roberts, Tricia Prendergast, Nicole Almeida, Michelle Ramos, Kelly Matthews, Alicia Henry, Shawna Adkins, Cristina Acuna, Sara Oviedo-Perez, Jacqueline Martinez, Luciana Offlee, Lisa Jackey, Stacy Bell, Bobbi Wilson, Brooke Horn, Samantha Berry Garner, Lisa Dempsey, Petite Smothers-Taylor, Suzanne L. Roskos, Shae L Thomas, Tara Allen, Wade Bunting, Casey Slone, Candace Shepard, Shiann A. Intres, Amber Seachrist, Melissa Jones, Delsa Bere, Nakita White, Letreil Jackson, Stephanie L. Lawler, Dina Abbott, April Jordan, Kristie B. Donovan, Jean Love-Morris, Maison Bacque-Alexander, Mellissa Naylor, Bernice Cantrell, Erica Parks, Kimberly Guider, Julie Deal, Kimberly Welborn, Alishia Warrick, James Hicks, Courtney Wood, Lynn Schroeder, Eric Joseph, Tara Waldal, Princess Moore, Kayla Shepherd, Niki Becker, Antoinette Gaines, Ashley Fleming, Brooke A. Quinn, Pamela Basden, Jennifer A. Perry, Heba Al-Khafaji, Denecia Banks, Amber Nicole Sebastian, Terrell Hunt, Cristina Castillo, Michaela Ramsey, Jonna Day, Latrese Mixon, Rosanna Martinez, Harmony A Taylor, Leslie Gillis, Alexandria Larison, Rosalind Collado, Darci Hughes, Shaniqua E. Murphy, Candence Johnson, Christi Howard-Williams, Jenny L. Klocek, Ola Cheyenne Carney, Rokeisha Maldon, Alicia Ellis, Nancy Macias, Detective Stephanie Sanchez, Lynne Frey, Danielle Lynch, Breanne Beck, Nicole Dobbs, Rachel Havermale, Kenyetta Brown, Sheila Bradshaw, Ashley Tranfaglia, Alicia Hurt, Juliana O'Brien, Lauren Kenner, Tana Session, Katherine Sanders, Amy Linnell, Mandy Davis, Kira Balius, Emily Vestal, Robert M. Gabbard, Allysa Baxley, Jamie Wimberly, Samantha Jo Majors, Meghan Prichard, Malia Carter, Erin Joy Slaght, Autumn Hardy, Janice Benson, Amanda Hendrickson, Sarah Morris, Stevie Robinett, Candice Nutter, Brianna Franklin-Spey, Sonya Watson, Jasmine Blair, Desiree Iniguez, Keisha Johnson, Sarah L. Maughan, Andrea Penaflor, Jose Martinez, Latoya S. Jones, Kefah Salem, Alyxe Smith, Brittany Casey, Chelsea N. Maholmes, Kristen Filicko, Elizabeth Stouder, Sabrina Sikes, Maria Pikula, Lisa Roach, Imari Hawkins, Jasmin Grayson, Nicole Sara Hemme, Rolanda Ware, Randyl Lacombe, Jacquelyn Schlee, Anna Nicole Lowe, Angelica Ferretiz, Summer Mote, Michael Wood, Sylvana M. Phillips, Kimberly Anderson, Karah Aliene Caudle, Sabrina Minor, Laura Rains, Elizabeth Marquez, Dinah Shaw, Brittany Richter, Amy Fennell, John Taylor, Heather Magagi-Ali, Keren Dimas, Stacie Estey, Laverna Binford, Alexis Wharton, Tegan Kirby, Alicia Sandy, Tiffany Blundell, Esther Shalitzky, Toddella Brown, Jennifer Rowland, Brandi Falls, Stephanie Devocht, Courtney Wade, Clarice Snow, Kimberly Clifford, Alysa Heil, Deborah Wooten Foster, Bridgett Lane, Lisa P. Bryant, Nichole Kreeger, Roger Teague, Celina Martin, Melissa Price, Adeline Moore, Josette Underwood, Jeffrey Dishong, Ashleigh French, Susan Phares-Aldrich, Cara Lawson, Tiffany Flores, Ann R. Nowrang, Denielle Davenport, Jessica Reed, Zabrinah Brown, Michelle McBride, Christin Sterling, Jennifer Haywood, Anna Rowland, Amanda Neff, Noelle Fanjoy, Carolyn Loveland, Victor Hernandez, Michael Harrison, Amy Richards-Robinett, Miriam Ibrahim, Jodie Chaney, Kalaki Clarke, Cherelle Johnson, Brittany Thompson, Karen McLoud, Sara Ann Dewolf, Heather Huntoon, Hayley Goncalves, Shariece Wilson, Yadira Sanchez, Lynn Riggs, Andrew Valdez, Alicia Groning, Jennifer Briskey, Valerie Arias, Diana Henry, Plaintiffs' Liaison Counsel, Ana Sanchez, Renee Moline, Tamara Hillmer, Ashley Clement, Nichole Miller, Jessica Warren, Stefani Johnson, Euyetoyuia Johnson, Korto Tawse-Butha, Nikita King, Stacey Gabrielle Symonds, Patricia Spraggins, Channelle Coleman, Brittany Veach, Melissa Spann, Stephanie Denise Barnett, Tyler Scott Johnson, Nicole Minghelli, William Merritt, Daniel Sanders, Noel Ossman, April Ferrao, Natalia Burga, Robin Fetterolf, Shawn Platt, Pepper Gale, Luke Armstrong, Ariann Knox, Crystal Moore, Leticia Marie Rivera, Jessica L. White, Nicole Ellison, Dena Simons, Sulma Arandi, Karlie Denton, Kenzie Barlow, Susan McIntosh, Alisha Wooten, Dominique Dawson, Brianna Backer, Isaura Manzo-Mendez, Louise Griffin, Carol Turner, Diane Swosinski, Hillary Whittington, Katie L Gobeli, Yvonia Blaize, Marylyn Espinoza, Jessi Sargent, Carey Okurowski, Alexis Burdette, Megan Burrell, Tiffany Gooch, Maura Snyder, Misty Turner, Darlene Trice, Beth Cogar, Candace Saye, Myra Martinez, Jessica R. Caruthers, Brittani Webb, Jessica Smith, Katherine Wayman, Courtney Chase, Eric Shirley, Martha M Loiselle, Ashley Love, Carla Laneaux, Jessica Stiwinter, Monique Figures, Brandy Herrod, Audlyne Joseph, Bianca M. Williams, Theresa Ann Bonet, Natasha L. Vang, Denise Esparza, Monica Townes, Jillian Copeland, Jennifer King, Toma Raenell Fowler, Leign Hollon, Jamie Ann Littell, Maria A. Galvan, Jennifer Sanchez, Tyson Thompson, Amanda M. Ritzert, Jeri Cook, Tami Carlaw, Cherie Allen, Joseph Estes, Tina Nunes, Noemi Banda, Hector Villegas, Nada Marwan Muwaquet, Anita Goddard, Rikkita McLean, Heather Rubesch, Brandon Strickland, Maria Lourdes Cabrera Tinajero, Charlotte Henderson, Desoree Madkins, Jacqueline Widdis, Stacey Feliciano, Lilia Godinez, Laura Canseco, Terri Armstrong, Janice Moss, Kimberly Fay, Marlena Mudd, Amber Sprowl, Denise Hargreaves, Beverly Amanda Moncrief, Dawn Ervin, Pamela Rodriguez-Polanco, Anh Dinh, Angelica Tafoya, Denice Zelms, Melissa N. Carter, Laquasha Burks, Ashley Heger, Cortina Thomas, Tracy Hill, Hailee Paxton, Lashaunta Candys, Rahshene Davis, Amanda Walton, Kymberlee Bateni, Shannon Esposito, Kira Weed, Brandie Burns, Amy Lancaster, Krystle Bennett, Tomekia Lenoir, Marcia Boynton, Stevi Wood, Cynthia Martin, Taylor Thomas, Lekisha Morgan, Tykena Grigg, Stephanie Bruggeman, Tracy A Clark, Jessica Whitstone, Laurie Nordman, Jessica Kolenda, Tamara Rankin, April Cochran, Cassie L. Hill, Danielle Eni, Amy Johnson, Amy L Wilmet, Alicia Byington, Shantell Steadman, Felicia White, Gwendolyn Essary, Andrea Veres, Ghiselle Watson, Corina Weimann, Carey Byrne, Marisela Oller-Reyes, Demi Sienna, Sylvia Montes, Amy Grogan, Kimberly Twitty, Angela Winfield, Glorimar Rivera, Myesha Yvette Calhoun, Kelli Adams, Keyunta Karmon Wallace, Ashley Schluessler, Samantha Strickland, Lacy Batangan, Dawn Artis, Jacqueline Zoltak, Kristin Harms, Robert Davis, Christina Marie McNally, Joanna Tyler, Stephanie Martini, Cassidy Reinstedler, Collene Henson, Heidi Heaton, Erica Annan, Brittany Medinger, Sarah Schreyer, Brooklyn Powers, RuthAnne Lichtenwaldt, Lindsay Luna, Zella N Cray, Marla Ornelas, Teresa Dees, Courtnee Yates, Miles Abbott, Amanda Benjamin, Amy Fedor, Chelsea Neerings, James Burks, Tamara Rogers, Cassie Halton, Marieliz Singh, Andrea Dawes, Jacqueline Farzatian, Brenda Jones, Deirdre Jackson, Amanda Richert, K C Von Gesjen, Maria Davis, Ayauna Modlin, Matthew Troha, Latasha Arnold, Allen Goughanour, Jeffrey Lenzner, Rebecca Wojtowicz, Lynda J. Miller, Stephanie Klopack, Lyndsey Woods, Yolanda Daniels, Cheryl Annarelli, Nicole Fitzgerald, Shannon Fewell, Suzanne Summers, Monica Thammavong, Tammy Villani, Lannie T McAfee, Tanya Luke, Susana Gegner, Amber Synder, Ashley Davis, Crystal Rutherford, Jaime Armijo, Leona M Thomas, Leah Shay Middleton, Emily Teague, Alexandria Chelone, Lakisha Kidd, Tabitha McDowell, Kiesha Allen, Norma Tibbs, Donna McCurry, Ya'Sheka Robinson, Megan Gilbert, Erin Ryan, Megean Bauer, Suzanne Smith-Freda, Celeste Howser, Brandon Couvillion, Mitchell Cole, Richard Hubicki, Kristin Fanning, Andrea Hervey, Frederick Mullins, Agata Graham, Elizabeth Morris, Kerry Walden, Brett A Pike, Kristy Mowell, Kylie K. Cook, Ms. Xonda Lahoe, Heather Young, Eva White, Sarah B Miller, Thy N. Truong, Amanda M. Elkins, Serena Pearson, Carmen Dominguez, Leslie Perez, Rachel Elsey, Jessica L. Thornton, Stacy Morehouse, Lisa Martinez, Lien Huynh, Daitra Wersal, Summer Ary, Shawna Borrowman, Donna Tingen, Mikaela Berry, Samantha Osuch, Tiffany Wagner, Shannon Crockett, Alisha Barclay, Matt Downs, Abby Smith, Yen Phi-Thai Ngo, Rebecca Fife, Katina Kirk, Samantha Badger, Stacy Nunez, Robin Jones, Rita Coyner, Jenny De Los Santos, Megan Gaddis, Brooke Shepherd, Nakia Lewis, Sarina Cervantes, Gladis Davis, Crystal Abraro, Ruth Hospodarsky, Bailey Johnson, Natasha Bryant, Patricia Villarreal, Melissa Cabral, Christina Ramirez, Milana Murphey, Venessa McGeough, Jennifer Danley, Tangela Morton, Ashley Rockwell, Kimberly Gupton, Sheena Jones, Audriana Hush, Andrea Scholfield, Terre L Pendergrass, Belinda Sunny, Lettie Lee, Jessica Lewis, Zoila Recinos, Kamaria Regan, Meredith Smith, April Mays, Stacey Meacham, Rebecca Kuhl, Danielle Borek, Brandie Peets, Bradley Davis, Candice Back, Veronica Delrio, John-Paul Long, Amberlee Price, Jessica Davis, Brandy N. Scott, Barbara Myers, Jacqueline Zemba, Sandra Naurek, Carmen Sepulveda, Patrick Kelly, Monica Silerio, Dorena Borders, Nicole Hartford, Corina Norman, Andrea J Wand, Ashley Cochran, Sarah W Beck, Lynnette Lynn-Horton, Corrina Pollock, Kayla Harris, Ebone Porter, Jessica Hubicki, Cassandra Hancock, Brittany Dowsett, Maria Lopez, Donavon Arvie, Julie Parrish, Karla Rivera, Shawna Griffie, Kori L. Mcwilliams, Evelyn Ramirez, Amanda Madril, Amber Goss, Melissa Fadel, Lexi K. Rutherford, Starla Garza, Shemek Ague, Amy Chee, Shelby Ketelboeter, Summer Creekmore, Ana Camacho, Jennifer R. Widmer, Cody Roan, Andrea Rodriguez, Kayla Hord, Kathleen Kendrick, Miriam Cruz, Corey Brown, Sonia Buenrostro, Paola Choute, Brandy Wolford, Vilma Shandera, Eric Talbert, Shelonda D. Joy, Carmen Garcia, Amber Abeare, Anita Eleby, Mariam Smith, Jason Naurek, Jeneay Jackson, Natasha Bjugan, Rebecca Turner, Tierra Hampton, Kayla Cubie, Desiree Woody, Monique L Garth, Jakitta Cooper Joseph, Sandra Garcia, Briana Elliott, Tatika Avery, Samantha Lasseter-Perez, Carissa Mason, Kay Nuzzo, Jennifer Montminy, Penny Morico, Priscilla H Freeze, Terionne Anderson, Jessie Orton, Samantha Bourget, Natalys E Lopez, Lashanda Henry, Richole Madison-Ogburn, Cassandra Worsham, Zahra Hosseinpour, Ashley Block, Jaime Slaven, Justin Briskey, Gina Lafata, Shermaine Asby, Kami Armstrong, Ashley Hamblen, Alyshia Battiest, Ysabel Torres, Nicole Bacque-Alexander, Ms. Whitney Cross, Stasia Boyles, Erika Martin, Lanika R. Saunders, Amber Osborn, Eryne Otterson, Sharon Lynn Hoskison, Susan M. Burtis, Chelsea Dawn Mcclune, Karol Macquarrie, Kymbra M. McLaughlin, Amanda Truitt, Kaila Allen, Kelli Baugh, Laura Galbreath, Theresa Rokovich, Allison Greene, Shandra Grooms, Heather Keller, Laura Plunkett, Nanci Fils-Aime, Amber Molinar, Genesia E Lozano, Stephanie L. Meyers and Amy Howarth
Defendant: Does 1 through 10, inclusive, Bayer Healthcare Pharmaceuticals, LLC, Bayer AG, Bayer Corporation, Berlex Laboratories, Inc., DOES 1 through 100, inclusive,, Bayer Healthcare LLC, Bayer OY, Lisa Hernandez, Danielle Thate, Alexandro E. Mendoza and John Doe Distributors
Applicant: Gregory N McEwen
Alternative Dispute Resolution (Adr) Provider: Attorney Chantell Boutte, Nina Marie Towle and Plaintiffs' Steering Committee
Case Number: 7:2013md02434
Filed: April 8, 2013
Court: US District Court for the Southern District of New York
Office: White Plains Office
County: XX Out of State
Presiding Judge: Cathy Seibel
Referring Judge: Lisa Margaret Smith
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332pi
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 26, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 26, 2019 Opinion or Order Filing 3353 MEMO ENDORSEMENT on re: #3352 Letter filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer OY. ENDORSEMENT: The Clerk shall close No. 13-MC-2434 and No. 13-MD-2434. SO ORDERED. (Signed by Judge Cathy Seibel on 11/26/2019) (rro)
November 26, 2019 Filing 3352 JOINT LETTER addressed to Judge Cathy Seibel from Shayna S. Cook and Michael K. Johnson dated November 26, 2019 re: Status Update. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
November 26, 2019 Transmission to Office of the Clerk of Court. Transmitted re: #3353 Memo Endorsement to the Office of the Clerk of Court for processing. (rro)
November 20, 2019 Filing 3351 NOTICE OF CHANGE OF ADDRESS by Andrew L. Goldman on behalf of Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. New Address: Goldman Ismail Tomaselli Brennan & Baum, 200 S. Wacker Dr., 22nd Floor, Chicago, IL, United States 60606, 3126816000. (Goldman, Andrew)
November 20, 2019 Filing 3350 NOTICE OF CHANGE OF ADDRESS by Tarek Ismail on behalf of Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. New Address: Goldman Ismail Tomaselli Brennan & Baum, 200 S. Wacker Dr., 22nd Floor, Chicago, IL, United States 60606, 3126816000. (Ismail, Tarek)
November 20, 2019 Filing 3349 NOTICE OF CHANGE OF ADDRESS by Brian P. O'Donoghue on behalf of Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. New Address: Goldman Ismail Tomaselli Brennan & Baum, 200 S. Wacker Dr., 22nd Floor, Chicago, IL, United States 60606, 3126816000. (O'Donoghue, Brian)
November 20, 2019 Filing 3348 NOTICE OF CHANGE OF ADDRESS by Shayna Susanne Cook on behalf of Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. New Address: Goldman Ismail Tomaselli Brennan & Baum, 200 S. Wacker Dr., 22nd Floor, Chicago, IL, USA 60606, 312-681-6000. (Cook, Shayna)
July 30, 2019 Opinion or Order Filing 3347 MEMO ENDORSEMENT on re: (3346 in 7:13-md-02434-CS-LMS) Letter filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer OY, (248 in 7:13-mc-02434-CS-LMS) Letter filed by Bayer Healthcare Pharmaceuticals, Inc. ENDORSEMENT: The parties are to provide another status update by 11/29/19 if the settlement has not been finalized by then. SO ORDERED. (Signed by Judge Cathy Seibel on 7/30/2019) (mml)
July 29, 2019 Filing 3346 JOINT LETTER addressed to Judge Cathy Seibel from Shayna S. Cook and Michael K. Johnson dated 7/29/2019 re: Status Update. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
July 22, 2019 Opinion or Order Filing 3345 MEMO ENDORSEMENT on re: (3344 in 7:13-md-02434-CS-LMS) Letter filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer OY, (246 in 7:13-mc-02434-CS-LMS) Letter filed by Bayer Healthcare Pharmaceuticals, Inc. ENDORSEMENT: It does not appear that the settlement has been finalized as expected. The parties are directed to provide another status update by 7/31/19. SO ORDERED. (Signed by Judge Cathy Seibel on 7/22/2019) (mml)
February 8, 2019 Filing 3344 JOINT LETTER addressed to Judge Cathy Seibel from Shayna S. Cook and Michael K. Johnson dated Feb. 7, 2019 re: Status Update. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
December 4, 2018 Filing 3343 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-181)transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of New Jersey, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/4/2018) (sjo)
August 14, 2018 Opinion or Order Filing 3342 ORDER granting (3330) Motion for Badge Humphries to Appear Pro Hac Vice in case 7:13-md-02434-CS-LMS (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:18-cv-01688-CS (Seibel, Cathy)
May 22, 2018 Filing 3341 NOTICE OF CHANGE OF ADDRESS by Rachel Abrams on behalf of Kristy M. Gabbard, Pepper Gale, Wade Gale, Stephanie Laska, William Laska, Kori L. Mcwilliams, Guida Socorro Mendoza, Sandra O Rangel, Dearra Scott. New Address: Levin Simes Abrams LLP, 1160 Battery Street East, Suite 100, San Francisco, CA, USA 94111, 415-426-3000. (Abrams, Rachel)
May 10, 2018 Filing 3340 NOTICE OF CHANGE OF ADDRESS by Diogenes P. Kekatos on behalf of Plaintiffs' Liaison Counsel. New Address: Seeger Weiss LLP, 77 Water Street, 8th Floor, New York, New York, 10005, 212-584-0700. (Kekatos, Diogenes)
May 10, 2018 Filing 3339 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-180) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 05/10/2018) (sjo)
April 26, 2018 Opinion or Order Filing 3338 ORDER in case 7:13-md-02434-CS-LMS; terminating (40) Motion to Appear Pro Hac Vice; granting (42) Motion to Transfer Case; terminating (45) Motion to Dismiss for Lack of Jurisdiction in case 7:17-cv-09613-CS. It is therefore ORDERED as follows: 1. Based on Plaintiffs' filing of the April 18, 2018 Notice of Dismissal of Bayer, (Doc. 57), all claims against Bayer are now dismissed with prejudice. Each party shall bear their own attorney's fees and costs. 2. The claims against the non-Bayer Defendants shall be remanded to the Elkhart County Superior Court III in the State of Indiana (where the case was filed originally as Cause No. 20D03-1705-CT-126). 3. The Clerk of Court shall terminate Docs. 40, 42, and 45. (Signed by Judge Cathy Seibel on 4/26/2018) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:17-cv-09613-CS. (mml)
April 18, 2018 Filing 3337 NOTICE of Dismissal of Defendant Bayer Healthcare Pharmaceuticals Inc.. Document filed by Amber Denny, Brian S. denny. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:17-cv-09613-CS(Ohaneson, Theora)
April 3, 2018 Opinion or Order Filing 3336 ORDER GRANTING THIRD AGREED MOTION TO EXTEND TIME FOR DEFENDANTS TO FILE THEIR NOTICE OF TAXATION OF COSTS granting #3335 Motion for Extension of Time to File Notice of Taxation. On this day the Court considered the Third Agreed Motion to Extend Time For Defendants to File Their Notice of Taxation of Costs (the "Third Agreed Motion"). The Court GRANTS the Third Agreed Motion and therefore, ORDERS THAT the time for Defendants to file their notice of taxation of costs is extended until May 1, 2018. IT IS SO ORDERED. (Signed by Judge Cathy Seibel on 4/03/2018) (ama)
April 2, 2018 Filing 3335 THIRD MOTION for Extension of Time to File Defendants' Notice of Taxation of Costs. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
March 20, 2018 Filing 3334 NOTICE OF CHANGE OF ADDRESS by Christopher Adam Seeger on behalf of Minyonna P. Watson. New Address: Seeger Weiss LLP, 55 Challenger Road, 6th FL, Ridgefield Park, New Jersey, 07660, 212-584-0700. Filed In Associated Cases: 7:13-md-02434-CS-LMS et al.(Seeger, Christopher)
March 13, 2018 Opinion or Order Filing 3333 ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW granting (3332) Motion to Withdraw as Attorney, granting (28) Motion to Withdraw as Attorney. IT IS HEREBY ORDERED, that Patricia Campbell of the law firm of Langdon & Emison, LLC, is permitted to withdraw from any further representation for Plaintiff Whittney Junker. The Clerk will please terminate Doc. 28. Attorney Patricia L Campbell terminated in case 7:13-md-02434-CS-LMS; Attorney Patricia L Campbell terminated in case 7:15-cv-01779-CS. (Signed by Judge Cathy Seibel on 3/13/2018) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-01779-CS (mml)
March 13, 2018 Filing 3332 MOTION for Patricia L. Campbell to Withdraw as Attorney . Document filed by Whittney Junker. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-01779-CS(Campbell, Patricia)
March 13, 2018 Filing 3331 NOTICE OF APPEARANCE by Badge Humphries on behalf of Toma Raenell Fowler. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:18-cv-01688-CS(Humphries, Badge)
March 13, 2018 Filing 3330 MOTION for Badge Humphries to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14803979. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Toma Raenell Fowler. (Attachments: #1 Affidavit Affidavit of Badge Humphries, #2 Exhibit 1 - Certificates of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:18-cv-01688-CS(Humphries, Badge)
March 13, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (12 in 7:18-cv-01688-CS, 3330 in 7:13-md-02434-CS-LMS) MOTION for Badge Humphries to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14803979. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:18-cv-01688-CS(wb)
March 1, 2018 Opinion or Order Filing 3329 ORDER GRANTING SECOND AGREED MOTION TO EXTEND TIME FOR DEFENDANTS TO FILE THEIR NOTICE OF TAXATION OF COSTS: granting #3328 Motion for Extension of Time to File. On this day the Court considered the Second Agreed Motion to Extend Time For Defendants to File Their Notice of Taxation of Costs (the "Second Agreed Motion"). The Court GRANTS the Second Agreed Motion and therefore, ORDERS THAT the time for Defendants to file their notice of taxation of costs is extended until April 1, 2018. (Docketed in 13md2434 and 13mc2434) (Signed by Judge Cathy Seibel on 3/1/2018) (ap)
February 28, 2018 Filing 3328 SECOND MOTION for Extension of Time to File Defendants' Notice of Taxation of Costs. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
February 15, 2018 Filing 3327 NOTICE OF APPEARANCE by Luke F. Callahan on behalf of Kelly Guy, Daejah Terrell, Tiffany Dawn Eaton, Lisseth Heredia, Ashley Wallace, Suzanne Summers. Filed In Associated Cases: 7:13-md-02434-CS-LMS et al.(Callahan, Luke)
February 15, 2018 Filing 3326 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-179) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of South Carolina, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 2/6/2018) (sjo)
February 12, 2018 Opinion or Order Filing 3325 ORDER in case 7:13-cv-00773-CS; granting (3324) Motion for Luke F. Callahan to Appear Pro Hac Vice in case 7:13-md-02434-CS-LMS (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (Seibel, Cathy)
February 9, 2018 Filing 3324 MOTION for Luke F. Callahan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14683067. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kelly Guy, Daejah Terrell, Tiffany Dawn Eaton, Lisseth Heredia, Suzanne Summers, Ashley Wallace. Return Date set for 2/9/2018 at 11:37 AM. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Exhibit Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS et al.(Callahan, Luke)
February 9, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #3324 MOTION for Luke F. Callahan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14683067. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
January 31, 2018 Filing 3323 NOTICE OF CHANGE OF ADDRESS by Kevin M. Fitzgerald on behalf of Jennifer Laroche. New Address: Fitzgerald Law Group, LLC, 120 Exchange Street, Suite 200, Portland, Maine, United States 04101, (207) 874-7407. (Fitzgerald, Kevin)
January 29, 2018 Opinion or Order Filing 3322 ORDER NO. 34, CASE MANAGEMENT ORDER RE: CENSUS OF CLAIMS: The Court, having communicated about this issue with Plaintiffs' Lead Counsel and Defendants' Lead Counsel and finding good cause shown, believes that in the management of this coordinated litigation, it is necessary to have a more accurate census of the cases as well as claims of putative plaintiffs, represented by Counsel, defined below, as further set forth in this Order. (Signed by Judge Cathy Seibel on 1/29/2018) *** Per chambers direction, this document will only be docketed in 13md2434 and 13mc2434. (mml)
January 26, 2018 Opinion or Order Filing 3321 CASE MANAGEMENT ORDER RE: CASES TRANSFERRED TO MDL DURING AND AFTER APPEAL. ORDER NO. 33. 1. This Order shall apply to cases transferred to this Court after the Court's Opinion and Order dated July 28, 2016 (Granting summary judgment to Defendants in all cases pending MDL No. 2434 ("Summary Judgment Order")). 2. On August 19, 2016, Plaintiffs filed a Notice of Appeal of the Summary Judgment Order ("the Appeal"). 3. Case Management Order 32 provides for the conditional dismissal without prejudice of those cases transferred to this MDL during and since the Appeal and provides: If the Second Circuit affirms the Court's Summary Judgment Order in its entirety, and any further petition for rehearing or certiorari is unsuccessful and the decision becomes final, Plaintiffs whose claims were conditionally dismissed shall have 60 days to show cause as to why her claim should not be dismissed with prejudice under the Summary Judgment Order. Defendants may respond within 30 days. The Court will dismiss with prejudice the claims of any Plaintiff who does not file a show-cause brief within 60 days or who is unable to show cause as to why her claim should not be dismissed. 3. On October 24, 2017, the Second Circuit affirmed this Court's Summary Judgment Order. In re Mirena IUD Prods. Liab. Litig., Mirena MDL, Plaintiffs v. Bayer Healthcare Pharmaceuticals, Inc., 2017 U.S. App. LEXIS 20875 (2d. Cir. Oct. 24, 2017). 4. By this order, the Court clarifies that Plaintiffs should not file Motions to Reinstate or otherwise seek to show cause under CMO 32 as to why their claim should not be dismissed with prejudice until the decision of the Second Circuit becomes final (i.e., after Plaintiffs' petition for certiorari, if any, is denied or the Supreme Court issues a written opinion affirming the opinion or otherwise not remanding the cases for further proceedings). At that point, the 60-day clock referenced in CMO 32 will start to run, and Motions to Reinstate or otherwise seek to show good cause will be accepted. 5. All other provisions of CMO 32 shall remain in force as appropriate. IT IS SO ORDERED. (Signed by Judge Cathy Seibel on 1/26/2018). Docketed only in cases 13md2434 and 13mc2434, as per Chambers. (rjm).
January 26, 2018 ***DELETED DOCUMENT. Deleted document number 3320 CASE MANAGEMENT ORDER 32. The document was incorrectly filed in this case. (ama)
January 24, 2018 Opinion or Order Filing 3318 ORDER: On January 23, 2018, a Notice of Court Conference was issued in Docket Number 7:13-MD-2434, (Doc. 3317), and all related cases, scheduling a telephone conference for Friday, January 26, 2018 at 10:00 a.m. This telephone conference was set up in response to the letter to the Court dated January 22, 2018 from Lead Counsel for Defendants and Plaintiffs Steering Committee. (No. 7:13-MD-2434, Doc. 3315; No. 7:13-MC-2434, Doc. 238.) The only counsel required to be on the call are Ms. Shayna Cook, Lead Counsel for Defendants, and Mr. Michael K. Johnson on behalf of the Plaintiffs Steering Committee. Other counsel may participate if they so choose, but they are not required to do so.SO ORDERED. (Signed by Judge Cathy Seibel on 1/24/2018) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (mml)
January 23, 2018 Filing 3317 NOTICE OF COURT CONFERENCE: A telephone conference is scheduled for Friday, January 26, 2018 at 10:00 a.m. before the Hon. Cathy Seibel. Telephone Conference set for 1/26/2018 at 10:00 AM before Judge Cathy Seibel. Filed In Associated Cases: 7:13-md-02434-CS-LMS et al.(ap)
January 23, 2018 Filing 3316 RESPONSE to Motion re: (42 in 7:17-cv-09613-CS, 3307 in 7:13-md-02434-CS-LMS) MOTION to Transfer Case . RESPONSE TO DEFENDANT BAYER HEALTHCARE PHARMACEUTICALS INC.'S MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION TO HAVE THIS PARTICULAR CAUSE OF ACTION TRANSFERRED TO THE INDIANA DISTRICT COURT AND/OR TRANSFERRED TO THE INDIANA TRIAL COURT. Document filed by Amber Denny, Brian S. denny. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:17-cv-09613-CS(Ohaneson, Theora)
January 22, 2018 Filing 3315 JOINT LETTER addressed to Judge Cathy Seibel from Shayna S. Cook and Michael K. Johnson dated Jan. 22, 2018 re: Census Order. Document filed by Bayer AG, Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY. (Attachments: #1 Proposed Order)(Cook, Shayna)
January 19, 2018 Filing 3314 MEMORANDUM OF LAW in Opposition re: #3307 MOTION to Transfer Case . DEFENDANT BAYER HEALTHCARE PHARMACEUTICALS INC.'S MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION TO HAVE THIS PARTICULAR CAUSE OF ACTION TRANSFERRED TO THE INDIANA DISTRICT COURT AND/OR TRANSFERRED TO THE INDIANA TRIAL COURT. Document filed by Bayer Healthcare Pharmaceuticals Inc.,. (Shepherd, Elmore)
January 19, 2018 Filing 3313 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #3314 Memorandum) - REPLY MEMORANDUM OF LAW in Opposition re: #3307 MOTION to Transfer Case . DEFENDANT BAYER HEALTHCARE PHARMACEUTICALS INC.'S MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION TO HAVE THIS PARTICULAR CAUSE OF ACTION TRANSFERRED TO THE INDIANA DISTRICT COURT AND/OR TRANSFERRED TO THE INDIANA TRIAL COURT. Document filed by Bayer Healthcare Pharmaceuticals Inc.,. (Shepherd, Elmore) Modified on 1/19/2018 (db).
January 11, 2018 Filing 3312 MANDATE of USCA (Certified Copy) as to (20 in 7:15-cv-01783-CS, 22 in 7:15-cv-02067-CS, 20 in 7:15-cv-01765-CS, 22 in 7:15-cv-01110-CS, 3257 in 7:13-md-02434-CS-LMS, 20 in 7:15-cv-02068-CS, 19 in 7:14-cv-07562-CS, 22 in 7:15-cv-01116-CS) Notice of Appeal, filed by Jionnis Lewis, Marlena Mudd, Stefanie Lynn Kinnell, Kayla Cubie, Xonda Lahoe, Corina Norman, Lynnette Lynn-Horton. USCA Case Number 16-2378. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 01/11/2018. Filed In Associated Cases: 7:13-md-02434-CS-LMS et al.(nd)
January 11, 2018 Filing 3311 NOTICE OF CHANGE OF ADDRESS by Matthew J. Garver on behalf of Lauren T Pittman. New Address: Kuhn Garver, 1027 Main Street, Franklinton, Louisiana, USA 70438, 985-839-4462. (Garver, Matthew)
January 11, 2018 Filing 3310 JOINT LETTER addressed to Judge Cathy Seibel from Shayna S. Cook and Michael K. Johnson dated Jan. 11, 2018 re: Cases Transferred to MDL During and After Appeal. Document filed by Bayer AG, Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY. (Attachments: #1 Proposed Order)(Cook, Shayna)
January 3, 2018 Filing 3309 MANDATE of USCA (Certified Copy) as to (3238 in 7:13-md-02434-CS-LMS, 29 in 7:15-cv-05276-CS) Notice of Appeal, filed by Dena Simons. USCA Case Number 16-1961. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 01/3/2018. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05276-CS(nd)
December 20, 2017 Opinion or Order Filing 3308 ORDER denying without prejudice (3306) Motion to Withdraw as Attorney in case 7:13-md-02434-CS-LMS and 13-cv-7754: If the client consents to counsel's withdrawal, a stipulation to that effect should be submitted. If not, I prefer that counsel proceed via Order to Show Cause ("OSC"). Counsel should submit a proposed OSC to chambers, along with an affidavit and memorandum of law explaining why counsel should be allowed to withdraw. The Court will fill in the service, opposition and return dates, and then counsel will serve the OSC and supporting papers on the client. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-07754-CS (Seibel, Cathy)
December 20, 2017 Filing 3307 MOTION to Transfer Case . Document filed by Amber Denny, Brian S. denny. (Attachments: #1 Exhibit, #2 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:17-cv-09613-CS(Ohaneson, Theora)
December 20, 2017 Filing 3306 MOTION for Anthony D. Irpino and Louise C. Higgins to Withdraw as Attorney . Document filed by Tania Paz Acosta.(Irpino, Anthony)
December 20, 2017 Opinion or Order Filing 3305 ORDER granting (3304) Motion for Theora Ohaneson to Appear Pro Hac Vice in case 7:13-md-02434-CS-LMS (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:17-cv-09613-CS (Seibel, Cathy)
December 20, 2017 Filing 3304 AMENDED MOTION for Theora Ohaneson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amber Denny, Brian S. denny. (Attachments: #1 Affidavit, #2 Exhibit Certificate, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:17-cv-09613-CS(Ohaneson, Theora)
December 20, 2017 Filing 3303 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Theora Ohaneson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14495750. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amber Denny, Brian S. denny. (Attachments: #1 Affidavit Affidavit, #2 Exhibit Certificate, #3 Affidavit Certificate, #4 Affidavit Certificate)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:17-cv-09613-CS(Ohaneson, Theora) Modified on 12/20/2017 (bcu).
December 20, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (40 in 7:17-cv-09613-CS, 3304 in 7:13-md-02434-CS-LMS) AMENDED MOTION for Theora Ohaneson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:17-cv-09613-CS(bcu)
December 20, 2017 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (39 in 7:17-cv-09613-CS, 3303 in 7:13-md-02434-CS-LMS) MOTION for Theora Ohaneson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14495750. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:17-cv-09613-CS(bcu)
December 13, 2017 Filing 3302 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-178)transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of North Carolina, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/13/2017) (sjo)
December 8, 2017 Opinion or Order Filing 3319 ORDER NO. 32 (Cases Transferred to MDL During Appeal) CASE MANAGEMENT ORDER RE: CASES TRANSFERRED TO MDL DURING APPEAL. This Order shall apply to cases transferred to this Court after the Court's Opinion and Order dated July 28, 2016, granting summary judgment to Defendants in all cases pending in MDL No. 2434 ("Summary Judgment Order"). Plaintiffs whose claims are transferred to MDL 2434 while the Second Circuit appeal of the Summary Judgment Order is pending shall be conditionally dismissed without prejudice pending the Second Circuit's decision on the appeal. If the Second Circuit affirms the Court's Summary Judgment Order in its entirety, and any further petition for rehearing or certiorari is unsuccessful and the decision becomes final, Plaintiffs whose claims were conditionally dismissed shall have 60 days to show cause as to why her claim should not be dismissed with prejudice under the Summary Judgment Order. Defendants may respond within 30 days. The Court will dismiss with prejudice the claims of any Plaintiff who does not file a show-cause brief within 60 days or who is unable to show cause as to why her claim should not be dismissed. If the Second Circuit reverses the Summary Judgment Order in whole or in part, and any further petition for rehearing or certiorari is unsuccessful and the decision reversing the Summary Judgment Order becomes final, then the Court will enter an order reinstating the claims of the Plaintiffs whose claims were conditionally dismissed without prejudice. Defendants agree that the original filing date of those claims would govern for statute of limitations purposes if Plaintiffs' claims are reinstated in the MDL. IT IS SO ORDERED. (Signed by Judge Cathy Seibel on 11/10/2016) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al.(ama)
December 8, 2017 Opinion or Order Filing 3301 ORDER of USCA (Certified Copy) as to (20 in 7:15-cv-01783-CS, 22 in 7:15-cv-02067-CS, 20 in 7:15-cv-01765-CS, 22 in 7:15-cv-01110-CS, 3257 in 7:13-md-02434-CS-LMS, 20 in 7:15-cv-02068-CS, 19 in 7:14-cv-07562-CS, 22 in 7:15-cv-01116-CS) Notice of Appeal, filed by Jionnis Lewis, Marlena Mudd, Stefanie Lynn Kinnell, Kayla Cubie, Xonda Lahoe, Corina Norman, Lynnette Lynn-Horton. USCA Case Number 16-2378. By order dated September 14, 2016, the Court granted Appellants' motion to hold this appeal in abeyance and to suspend the briefing schedule pending the Court's determination of a related appeal in 2d Cir. Docket No. 16-2890(L), In re Mirena Products Liability Litigation. The appeal in 16-2890(L) was determined on October 24, 2017. Upon consideration thereof, IT IS HEREBY ORDERED that this appeal is lifted out of abeyance. Appellants principal brief and the joint appendix are due January 17, 2018.Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/08/2017. (nd)
December 5, 2017 Filing 3300 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Indiana and Missouri, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/5/2017) (sjo)
December 4, 2017 Opinion or Order Filing 3299 ORDER granting #3298 Letter Motion for Extension of Time to File Defendants' Notice of Taxation of Costs: Defendants may have until 3/1/18 to file their notice of taxation of costs. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
November 30, 2017 Filing 3298 MOTION for Extension of Time to File Defendants' Notice for Taxation of Costs. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
November 14, 2017 Filing 3297 MANDATE of USCA (Certified Copy) as to #3273 Notice of Appeal by Mirena MDL Plaintiffs. USCA Case Number 16-3012-cv(con). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/14/2017. (nd)
October 19, 2017 Filing 3296 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-177) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of New Jersey, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 10/16/2017) (sjo)
September 11, 2017 Filing 3295 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-176) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of New York, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 09/08/2017) (sjo)
August 10, 2017 Filing 3294 MEMO ENDORSEMENT on re: (3293 in 7:13-md-02434-CS-LMS) Letter, filed by Matthew J. McCauley. ENDORSEMENT: Matthew J. McCauley is terminated as counsel in Nos. 13-CV-2434 and 13-MC-2434. With respect to the Notice of Entry of Appearance on behalf of Ms. Muhlstock, attached to Doc. 3293, Ms. Muhlstock must re-file her Notice of Entry of Appearance as a separate docket entry because she is appearing on behalf of all Plaintiffs. (Signed by Judge Cathy Seibel on 8/10/2017) (mml)
August 9, 2017 Filing 3293 LETTER addressed to Judge Cathy Seibel from Matthew J. McCauley, Esq. dated August 9, 2017 re: Request for ECF removal. Document filed by Matthew J. McCauley. (Attachments: #1 Exhibit Notice of Entry of Appearance on behalf of Melanie H. Muhlstock, Esq.)(Muhlstock, Melanie)
August 7, 2017 Filing 3292 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Missouri, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 8/2/2017) (sjo)
July 14, 2017 Filing 3291 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-173)transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Massachusetts, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 7/14/2017) (sjo)
July 11, 2017 Filing 3290 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-172) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 7/10/2017) (sjo)
May 31, 2017 Filing 3289 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... (Transfer Order)transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Illinois, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 5/30/2017) (sjo)
May 12, 2017 Filing 3288 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-171) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of North Carolina, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 5/12/2017) (sjo)
April 10, 2017 Filing 3287 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-170) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Massachusetts, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 4/6/2017) (sjo)
March 20, 2017 Filing 3286 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL(CTO-168) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Iowa, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 3/14/2017) (sjo)
February 8, 2017 Filing 3285 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-167) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Massachusetts, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 02/07/2017) (sjo)
January 24, 2017 Filing 3284 MDL TRANSFER ORDER GRANTING UNOPPOSED MOTION TO TRANSFER FROM THE MDL PANEL... the time for filing a response has passed, and no opposition to the motion has been filed. It appears that this action involves questions of fact in common with the actions previously transferred to the Southern District of New York and that the criteria for transfer of this action under 28 U.S.C. 1407 are otherwise satisfied. (Signed by MDL Panel on 1/23/2017) (sjo)
December 9, 2016 Filing 3283 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL CTO-166 transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Louisiana, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/07/2016) (sjo)
November 18, 2016 Filing 3282 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-165)transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Wisconsin, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 11/16/2016) (sjo)
November 18, 2016 Filing 3281 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL(CTO-164)transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of New Jersey, New York and Tennessee, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 11/14/2016) (sjo)
November 15, 2016 Opinion or Order Filing 3280 ORDER. For the reasons stated on the record in open court on November 2, 2016, MDL No. 2434 should be reopened. The Clerk of Court is respectfully directed to docket this order in 13-MD-2434 and 13-MC-2434. SO ORDERED. (Signed by Judge Cathy Seibel on 11/15/16) (yv)
November 14, 2016 Opinion or Order Filing 3279 CASE MANAGEMENT ORDER RE: CASES TRANSFERRED TO MDL DURING APPEAL (ORDER No. 32) re: (225 in 7:13-mc-02434-CS-LMS) Memorandum & Opinion. This Order shall apply to cases transferred to this Court after the Court's Opinion and Order dated July 28, 2016, granting summary judgment to Defendants in all cases pending in MDL No. 2434 ("Summary Judgment Order"). On August 19, 2016, Plaintiffs filed a Notice of Appeal of the Summary Judgment Order. That appeal is currently pending in the Second Circuit. It is hereby ordered that: a. Plaintiffs whose claims are transferred to MDL 2434 while the Second Circuit appeal of the Summary Judgment Order is pending shall be conditionally dismissed without prejudice pending the Second Circuit's decision on the appeal. b. If the Second Circuit affirms the Court's Summary Judgment Order in its entirety, and any further petition for rehearing or certiorari is unsuccessful and the decision becomes final, Plaintiffs whose claims were conditionally dismissed shall have 60 days to show cause as to why her claim should not be dismissed with prejudice under the Summary Judgment Order. Defendants may respond within 30 days. The Court will dismiss with prejudice the claims of any Plaintiff who does not file a show-cause brief within 60 days or who is unable to show cause as to why her claim should not be dismissed. c. If the Second Circuit reverses the Summary Judgment Order in whole or in part, and any further petition for rehearing or certiorari is unsuccessful and the decision reversing the Summary Judgment Order becomes final, then the Court will enter an order reinstating the claims of the Plaintiffs whose claims were conditionally dismissed without prejudice. Defendants agree that the original filing date of those claims would govern for statute of limitations purposes if Plaintiffs' claims are reinstated in the MDL. IT IS SO ORDERED., (Signed by Judge Cathy Seibel on 11/10/16) (yv) Modified on 11/15/2016 (yv).
November 2, 2016 Opinion or Order Filing 3278 ENDORSED LETTER addressed to Judge Cathy Seibel from David P. Matthews dated 10/28/16 re: malpractice claim pending in the 55th Judicial District Court of Harris County, Texas before Judge Jeff Shadwick. ENDORSEMENT: Phone conference to be held on December 2, 2016. Mr. Matthews and or Bayer attorney shall participate. Bayer shall state its position and reasoning, by letter of no more than 3 pages, 3 business days in advance. The Clerk shall docket this letter in 13-md-2434 and 13-mc-2434. So Ordered., (Telephone Conference set for 12/2/2016 at 02:45 PM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 11/1/16) (yv)
November 1, 2016 Filing 3277 LETTER RESPONSE in Opposition to Motion addressed to Judge Cathy Seibel from Plaintiffs' Lead Counsel dated 11/1/2016 re: #3275 LETTER MOTION to Reopen Case and/or schedule a conference addressed to Judge Cathy Seibel from Defendants Bayer HealthCare Pharmaceuticals, Inc., Bayer OY, and Bayer Pharma AG dated 10/20/16. . Document filed by Plaintiffs' Steering Committee. (Johnson, Michael)
October 27, 2016 Opinion or Order Filing 3276 MEMO ENDORSEMENT granting in part and denying in part #3275 Letter Motion to Reopen Case. ENDORSEMENT: Phone conference to be held on 11/2/16 at 11:30 am. Plaintiffs' leadership is to state Plaintiffs' position, by letter of no more than 3 pages, by 10/31/16. Ms. Cook should confer with Plaintiff's leadership and advise the Court regarding whether we should use the call-in system or, if there will only be a few lawyers participating, whether the Court should call Ms. Cook who can then patch in Plaintiffs' counsel. Because it will be a phone conference on the record, there be no more than two, and preferably one, lawyer speaking for each side. The Clerk of Court is respectfully directed to docket this endorsement in 13-MD-2434 and 13-MC-2434. So Ordered. (Signed by Judge Cathy Seibel on 10/27/16) (yv)
October 27, 2016 Set/Reset Hearings: Telephone Conference set for 11/2/2016 at 11:30 AM before Judge Cathy Seibel. (yv)
October 20, 2016 Filing 3275 LETTER MOTION to Reopen Case and/or schedule a conference addressed to Judge Cathy Seibel from Defendants Bayer HealthCare Pharmaceuticals, Inc., Bayer OY, and Bayer Pharma AG dated 10/20/16. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Cook, Shayna)
September 14, 2016 Opinion or Order Filing 3274 ORDER of USCA (Certified Copy) as to #3238 Notice of Appeal, filed by Dena Simons, #3273 Notice of Appeal., #3257 Notice of Appeal, filed by Marlena Mudd, Corina Norman, Xonda Lahoe, Lynnette Lynn-Horton, Kayla Cubie, Stefanie Lynn Kinnell, Jionnis Lewis. USCA Case Number 16-2378. Appellants filed a motion to hold this appeal in abeyance and to suspend the briefing schedule pending the Court's resolution of a related appeal in 2d Cir. Docket No. 16-2890(L), In re Mirena Products Liability Litigation. Appellees do not oppose the motion. IT IS HEREBY ORDERED that the motion is GRANTED.Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 09/14/2016. (nd)
August 19, 2016 Filing 3273 NOTICE OF APPEAL from #3271 Clerk's Judgment, #3270 Memorandum & Opinion,, #3073 Memorandum & Opinion,,,,,,,,,,,,. Document filed by LEEANNE ACCETTURO, Amber Abeare, Mindy J. Abercrombie, Tiffany Abernathy, Lisa Abrams, Crystal Abraro, Berlinda Acosta, Tania Paz Acosta, Amy Adams, Kelli Adams, Violet Adams, Amber D. Adkins, Shawna Adkins, Ahou Gladys Adou, Brittany Agerton, Jeannette Akers, Heba Al-Khafaji, Ali Al-Krafaji, Dianna Aleman, Dwan Alexander, Geneva Alexander, Myra M Alexander, Shannon Alexander, Cherie Allen, Deshamonique Allen, Donniesha Allen, Mitch G. Allen, Susan Allen, Tara Allen, Shelly Allison, Nicole Almeida, Mena Altaira, Angel Alvarez, Giovanna A. Alvarez, Marlena Alvarez, Shelby Ameling, Aneesah Anani, Ashton Anderson, Byron Anderson, Katie Anderson, Kimberly Anderson, Laporsche M. Anderson, Melissa Anderson, Terionne Anderson, Samantha Anding, Claudia Andrade, Felicia Andrews, Jamie L. Andrews, Cheryl Annarelli, Baindu Ansu, Rebecca Arafa, Sulma Arandi, Natasha Archer, Amanda Armas, Jaime Armijo, Kami Armstrong, Luke Armstrong, Terri Armstrong, Tonisha Armstrong, Latasha Arnold, Sara Arterburn, Dawn Artis, Donavon Arvie, Ronshelle Arvie, James Ary, Summer Ary, Shermaine Asby, Jennifer Ashbeck, Destiny Asher, Amber Aston, Benjamin Atwell, Jenelle Atwell, Dianne Avalos, Tatika Avery, Leeann Avila, Ulises Baca Almanza, Brianna Backer, Maison Bacque-Alexander, Nicole Bacque-Alexander, Samantha Badger, Sara E. Bahat, Brent William Bailey, Marcia Bailey, Danielle Bailey, Jamia Bair, Aquilla Baker, Erica Baker, Tabitha Balderrama, Priscilla Baldwin, Staci Balice, Kira Balius, Tawanda S Ball, Jessica T Balogh, Shannon Balthazor, Denecia Banks, Jami A. Barber, Alisha Barclay, Megan Barker, Sara Barker, Kenzie Barlow, Toriana Donkaye Barnes, Stephanie Denise Barnett, Ashley Barr-Maino, Marciela Barrera, Peggy Susanne Barrett, Diana Barron, LaTanya Barron, Elisha Barrows, Stephanie Barta, Amber R. Barton, Pamela Basden, Kymberlee Bateni, Alyshia Battiest, Megean Bauer, Justin Baugh, Kelli Baugh, Allysa Baxley, Regina Bearyman, Katie Beaty, Melissa Beauprez, Breanne Beck, Sarah W Beck, Niki Becker, Christina Bell, Stacy Bell, Amalia Beltran, Melissa Benjamin, Angela Benson, Janice Benson, Krystal N Bentley, Delsa Bere, Heather Jo Bernardy, Mikaela Berry, Lisa Berumen, Natalie Best, Ashley Beverly, Julie Biffle, Kelly Biondo, Emily Birse, Natasha Bjugan, Jennifer Black, Katherine Black, Jodie Blackburn, Tomekia S. Blackmon, Amanda Blair, Yvonia Blaize, Heather R. Blocker, Ashlee D'Jan Blodgett, Nicole Bloor, Yolanda Blue, Tiffany Blundell, Pauline Bocalan, Angela Boeske, Tara Bohannon, Jami Bolton, Ashley Bonanno, Danielle Bone, Theresa Ann Bonet, Kimberly Amanda Boog, Joyce Booth, Dorena Borders, Danielle Borek, Josie Borelli, Shawna Borrowman, Carly Boudreaux, Kenna C Bounds, Tiffany Bounds, Samantha Bourget, Chantell Boutte, Shonita Boyce, Aisha Boykin, Unity Boyle, Stasia Boyles, Marcia Boynton, Scott Boynton, Sheila Bradshaw, Amanda Bradway, Silvia Brashier, Magan Brawner, Kristina Brazell, Ashley Brewer, Patricia Brewer, Kenya Briggs, Jennifer Briskey, Justin Briskey, Sherry Broadwater, Allison Michelle Broussard, Angela Brown, Ashley Brown, Corey Brown, David Brown, Jessica Brown, Kenyetta Brown, Larissa Brown, Morran Brown, Stefanie Brown, Tamara Brown, Toddella Brown, Zabrinah Brown, Stephanie Bruggeman, Lisa P. Bryant, Natasha Bryant, Seneatria Bryant, Antonique Buchanan, Sonia Buenrostro, Nelly Bulkin, Shelley Bunting, Wade Bunting, Alexis Burdette, Natalia Burga, James Burks, Laquasha Burks, Brandie Burns, Lori Burns, Megan Burrell, Emily Burrus, Susan M. Burtis, Jalyssa Burton, Rebecca Burton, Lisa Bustin, Candace Butler, Heather Buys-Weiler, Alicia Byington, Janine Byrd, Carey Byrne, Melissa Cabral, Angela Cahoy, Tammy Calamari, Myesha Yvette Calhoun, Ana Camacho, LaToya Campbell, Nicole Campbell, Stephanie Campbell, Lashaunta Candys, Yessica Cano, Laura Canseco, Bernice Cantrell, Joseph Capaldo, Samantha Capaldo, Ebony Carey, Tami Carlaw, Kerri Carmen, Ola Cheyenne Carney, Kasinda Carpenter, Trinity Carrico, Hope Carson, Kara Carter, Malia Carter, Melissa N. Carter, Tabitha K. Carter, Jessica R. Caruthers, Brittany Casey, Karla Cassady, Cristina Castillo, Mayra Castillo, Ninfa Castillo, Karah Aliene Caudle, Sarina Cervantes, Jodie Chaney, Shelly Chapman, Tanee Chappell, Courtney Chase, Gerlin Munoz Chavarria, Amy Chee, Alexandria Chelone, Melissa Cherry, Cynthia Childers, Paola Choute, Kevin Chow, Shelley Chow, Susan Chruszcyzyk, Maegan Rene Clark, Nicholas Clark, Rody Clark, Tracy A Clark, Tracy Clark, Kalaki Clarke, Kenneth Clarke, Dayanara Claxton, Hayley Cleckler, Ashley Clement, Christina Cleveland, Brianna Cobb, Angie S. Cochran, April Cochran, Armendia Cochran, Ashley Cochran, Jordan Cochran, Bridget Cole, Eva Cole, Mitchell Cole, Channelle Coleman, Delina Coleman, Talvata Collier, Tiffany Collins, Melinda Colon, Shelby Comtois, Travis Comtois, Aileen Concepcion, Athena Condich, Kati-An Cook, Kelly J. Cook, Kylie K. Cook, Stephanie Cook, Jennifer Cook-Hoots, Kimberly Cooke, Brittany Cool, Renee Cooley, Emily Cooper, Faun R. Cope, Jillian Copeland, Robin Corbello, Kathryn Cordell, Ray Cordero, Stephanie Corley, Jillian M Corrao, July Cortez, Kathleen Cosmas, Katelyn Costanza, Martha E Cota, Brandon Couvillion, Leanndra Couvillion, Dawn Marie Covert, Heather Coville, Crystal Cox, Jessica Cox, Kristen Nicole Cox, Rita Coyner, Dimeshia Craig, Melissa Nicole Craig, Lindsay Crain, Kevin Crawford, Shelisha Crawford, Zella N Cray, Summer Creekmore, Kristina Marie Crisel, Lauren Ann Crocker, Shannon Crockett, Whitney Cross, Meia Crow, Ashley Crowley, Melanie Crumpton, Carolyn Crusha, Kiara Cruz, Miriam Cruz, Kayla Cubie, Doris Cummins, Gina M. Cunningham, Rebecca Curran, Tiffany Currie, Tara Custer, Carolyn Cutler, Jeff Dangar, Natalie Dangar, Kelly L. Daniel, Lewis B. Daniel, Chasity Daniels, Yolanda Daniels, Jennifer Danley, Bonnie Lynne Danner, Katey Daughtery, Denielle Davenport, Tatum Davignon, Anzata Davis, Ashley Davis, Bradley Davis, Ebony C. Davis, Gladis Davis, Jessica Davis, June Davis, Karen L. Davis, Kari R Davis, Lashawn Marie Davis, Mandy Davis, Maria Davis, Marvetta T. Davis, Melissa Louise Davis, Michael Davis, Robert Davis, Shaunte Davis, Rachael Davis-Shouse, Chelsey Day, Carlos De Los Santos, Jenny De Los Santos, Annesley DeGaris, Julie Deal, Teresa Dees, Chelsea DelPape, Tammy Delaughter, Daphne Delee, Ashley Delespin, Laura Delgadillo, Christina Delgado, Roberta Delloyd, Veronica Delrio, Raquel Demorest, Lisa Dempsey, Amy Demrovsky, Michelle M. Denison, Karlie Denton, Jillian Depaola, Elizabeth Derouen, Amanda L. Devaux, Stephanie Devocht, Nell Dewey, Sara Ann Dewolf, Ishani Dias, Sasha Diehl, Keren Dimas, Anh Dinh, Vivian Dinis, Candice Ditalia, Caitlyn Dixon, Nicole Dobbs, Rachel Dollins, Carmen Dominguez, Danielle Dominie, Kristie B. Donovan, Jennifer G Donoway, Nicole Dorsey, Sylvie Dosseh, Christin H. Downs, Matt Downs, Brittany Dowsett, Krista Doxey, Jonathan Doyle, Jr, Michelle Dragon, Tracey Dragon, Christina Drake, Deena D. Driscoll, Devon Druckenmiller, George Druckenmiller, Jerilyn Dudley, Kacie Dugas, Marcella Dukes, Felicia Duncan, Carrie Dunlap, Brandon Dunn, Tanya Dunn, Staci Durbala, Brandie Duryea, Claudette Eaton, Tiffany Dawn Eaton, Kimberly Edmondson, Candace Edwards, Constance Edwards, George Edwards, Letitia Edwards, Amy Edwards, Janell Egloff, Rachel Lynn Eilenstine, Adam Ejnik, Erin Ejnik, Michele Eland, Anita Eleby, Amanda M. Elkins, Angela Ellingsworth, Briana Elliott, Alicia Ellis, Jasmin Ellis, Britney Ellison, Nicole Ellison, Ashley Elms, Rachel Elsey, Julie Elson, Philip Elson, Tamara Embler, Ronda Emmrich, Danielle Eni, Taylor Erickson, Dawn Ervin, Carol Erwin, Denise Esparza, Candace Espinoza, Marylyn Espinoza, Michael Esposito, Shannon Esposito, Gwendolyn Essary, Joseph Estes, Lisa Estes, Stacie Estey, Sheila Estrada, Rakia Esver, Kendra Evans, Yvette Ezell, Melissa Fadel, Dennis Falcon, Sara Falcon, Brandi Falls, Noelle Fanjoy, Kristin Fanning, Emily Fauntleroy, Kimberly Fay, Shanitriss Feaster, Yasmen Featherstone, Amy Fedor, Stacey Feliciano, Amy Fennell, Melissa Fenwick, Amanda Ferguson, Amy Ferguson, Evanna Ferguson, Virchus Ferguson, April Ferrao, Carolyn Ferrara, Angelica Ferretiz, Robin Fetterolf, Shannon Fewell, Rebecca Fife, Kristen Filicko, Nanci Fils-Aime, Rebecca Fisher, Nicole Fitzgerald, Rachel Fitzgerald, Vanessa Flathers, Ashley Fleming, Carey Flint, Meghan Flores, Jencenta Fomeche, Tavonda Ford, Rebecca Foret, Amber Foster, Cody Foster(an individual, personally), Cody Foster(as next friend of RF, a minor child), Deborah Wooten Foster, Jessica Fountaine, Amber Fowler, Stacy Fowler, Alexis Foyt, Alexis Foyt(an individual), Lorrie Frakes, Debbie Francis, Michelle Francis, Brianna Franklin-Spey, Lucero Freedom, Anthony Freeze, Priscilla H Freeze, Ashleigh French, Jessica M. Freret, Lynne Frey, Karina Frias-Esparza, Ruchell Fucile, Candace Fuller, Hannah Fulmer, Gary Furner, Jessie Ann Furner, Kristy M. Gabbard, Robert M. Gabbard, Megan Gaddis, Lori Gahr, Antoinette Gaines, Emily Gaines, Kandace R. Galatas, Laura Galbreath, Pepper Gale, Wade Gale, Katherine Gallaher, Maria A. Galvan, Cecilia Gamez, Samara Gantt, Carmen Garcia(Individually and as Representatives of the Estate of Ryan Cordero, Deceased Minor), Carmen Garcia, Esmerelda Garcia, Maitai Garcia, Maribel Garcia, Mary Katherine Garcia, Rebecca Garcia, Sandra Garcia, Sharai Patricia Garcia, Theresa M. Garcia, Stacey Gardiner, Jaclyn Gargulinski, Melissa May Garman, Samantha Berry Garner, Cinthia Garnica, Brandi Garrity, Monique L Garth, Kathleen Gary, Starla Garza, Dionicia Gerolaga, Jessica Giddens, Sandra Gideon, Megan Gilbert, Kendra Gilcrease-Broome, Leslie Gillis, Angela Gilman, Christina Giovanni, Megan Gisi, Tina Glaspie, Katrina Glass, Katie L Gobeli, Anita Goddard, David Goddard, Lilia Godinez, Jacquelyn Goetz-Moffitt, Kassandra Gomez, Rosy E Gomez, Selena Gomez-Munoz, Hayley Goncalves, Lourdes Gonzalez, Melanie Gonzalez, Natalie Gonzalez, Tiffany Gooch, Laurice Goodhue, Amber Goss, Robert Goss, Courtney Goulart, Dawnjai Grady, Agata Graham, Marie Grande, Shawn Grande, Timprince Graves, J
August 19, 2016 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #3273 Notice of Appeal by Mirena Plaintiffs. (nd)
August 19, 2016 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #3273 Notice of Appeal filed by Mirena plaintiffs were transmitted to the U.S. Court of Appeals. (nd)
August 10, 2016 Opinion or Order Filing 3272 ORDER of USCA (Certified Copy) as to (3238 in 7:13-md-02434-CS-LMS, 29 in 7:15-cv-05276-CS) Notice of Appeal, filed by Dena Simons USCA Case Number 16-1961. Appellant filed an unopposed motion to stay the briefing schedule pending the final resolution of Appellee Bayer's Omnibus Motion for Summary Judgment in the district court. IT IS HEREBY ORDERED that the motion is GRANTED. Pending the final resolution of the summary judgment motion in the district court, Appellant must provide a written status update to the Court every 30 days. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/10/2016. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05276-CS(nd)
July 29, 2016 Terminate Transcript Deadlines (tro)
July 29, 2016 Filing 3271 CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated July 28, 2016, Defendants' Omnibus Motion for Summary Judgment is granted; 13-MD-2434, 13-MC-2434 and remaining member cases in this MDL are closed. (Signed by Clerk of Court Ruby Krajick on 7/29/2016) (tro) Modified on 8/2/2016 (tro). (Additional attachment(s) added on 8/2/2016: #1 Right to Appeal part 1, #2 Right to Appeal part 2) (tro).
July 28, 2016 ***DELETED DOCUMENT. Deleted document number 3269 OPINION & ORDER as duplicative of #3270 . The document was incorrectly filed in this case. (tro)
July 28, 2016 Opinion or Order Filing 3270 OPINION & ORDER re: (3172 in 7:13-md-02434-CS-LMS) MOTION for Summary Judgment , filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer OY. Defendants' Omnibus Motion for Summary Judgment is GRANTED. The Clerk of Court is respectfully directed to terminate the pending motions, (13-MD-2434 Doc. 3172; 13-MC-2434 Doc. 215), and enter judgment in and close all remaining member cases in this MDL. SO ORDERED. (Signed by Judge Cathy Seibel on 7/28/2016) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al.(tro)
July 26, 2016 Filing 3268 NOTICE OF CANCELLATION OF CONFERENCE: The conference scheduled before this Court for August 2, 2016 is cancelled.The Next Status Conference set for 9/6/2016 at 03:00 PM before Judge Cathy Seibel. (yv)
July 26, 2016 Filing 3267 LETTER addressed to Judge Cathy Seibel from Steve Faries dated July 26, 2016 re: Resignation from the Plaintiffs' Steering Committee. Document filed by Plaintiffs' Liaison Counsel.(Kekatos, Diogenes)
July 18, 2016 Filing 3266 RESPONSE in Opposition to Motion re: (3250 in 7:13-md-02434-CS-LMS) MOTION to Dismiss No. 29- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. . Document filed by Samantha Williams. (Attachments: #1 Exhibit 1 Affidavit of Service PFS and Certified Mailing)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01375-CS(Johnson, Michael)
July 15, 2016 Opinion or Order Filing 3265 MEMO ENDORSEMENT granting (4 in 16-cv-721) Motion to Vacate. ENDORSEMENT: Application granted. For the reasons stated above, the Order dismissing Plaintiff Dawn Badger's case without prejudice, (13-md-2434 Doc. 3255; 16-cv-721 Doc. 3), is hereby VACATED as to Plaintiff Badger. The Clerk of Court is respectfully requested to terminate the pending motion at 16-cv-721 Doc. 4. So Ordered. (Signed by Judge Cathy Seibel on 7/15/16) (yv) Modified on 8/17/2016 (yv).
July 15, 2016 USCA Appeal Fees received $ 505.00 receipt number 465407013276 on 7/15/16 re: #3257 Notice of Appeal, filed by Jionnis Lewis, Marlena Mudd, Stefanie Lynn Kinnell, Kayla Cubie, Xonda Lahoe, Corina Norman, Lynnette Lynn-Horton. (yv)
July 7, 2016 Opinion or Order Filing 3264 ORDER granting #3263 Motion for Michael Patrick Kella to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
July 7, 2016 Filing 3263 MOTION for Michael Patrick Kella to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12509112. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brianna Backer. (Attachments: #1 Supplement Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)(Kella, Michael)
July 7, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #3263 MOTION for Michael Patrick Kella to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12509112. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 6, 2016 Filing 3262 RESPONSE in Opposition to Motion re: #3172 MOTION for Summary Judgment . Plaintiffs Sur-Reply in Opposition to Defendant Bayers Omnibus Motion for Summary Judgment. Document filed by Plaintiffs' Liaison Counsel. (Kekatos, Diogenes)
July 6, 2016 Filing 3261 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated July 6, 2016 re: submission of plaintiff's sur-reply papers in further opposition to defendant's Motion for Summary Judgment. Document filed by Plaintiffs' Liaison Counsel.(Kekatos, Diogenes)
July 6, 2016 Filing 3260 DECLARATION of Diogenes P. Kekatos in Opposition re: #3172 MOTION for Summary Judgment .. Document filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit 36, #2 Exhibit 37)(Kekatos, Diogenes)
July 6, 2016 Filing 3259 REPLY to Response to Motion re: #3172 MOTION for Summary Judgment . Plaintiffs Local Rule 56.1(B) Sur-Response to Defendants Statement of Additional Facts Submitted in Support of Defendants Reply. Document filed by Plaintiffs' Liaison Counsel. (Kekatos, Diogenes)
July 6, 2016 Filing 3258 FILING ERROR - DEFICIENT DOCKET ENTRY (See #3262 Reply) - REPLY AFFIRMATION of Diogenes P. Kekatos in Opposition re: #3172 MOTION for Summary Judgment .. Document filed by Plaintiffs' Liaison Counsel. (Kekatos, Diogenes) Modified on 7/7/2016 (db).
July 6, 2016 Appeal Fee Due: for (20 in 7:15-cv-01783-CS, 22 in 7:15-cv-02067-CS, 20 in 7:15-cv-01765-CS, 22 in 7:15-cv-01110-CS, 3257 in 7:13-md-02434-CS-LMS, 20 in 7:15-cv-02068-CS, 19 in 7:14-cv-07562-CS, 22 in 7:15-cv-01116-CS) Notice of Appeal. Appeal fee due by 7/20/2016. Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (tp)
July 6, 2016 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (20 in 7:15-cv-01783-CS, 22 in 7:15-cv-02067-CS, 20 in 7:15-cv-01765-CS, 22 in 7:15-cv-01110-CS, 3257 in 7:13-md-02434-CS-LMS, 20 in 7:15-cv-02068-CS, 19 in 7:14-cv-07562-CS, 22 in 7:15-cv-01116-CS) Notice of Appeal. Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (tp)
July 6, 2016 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (20 in 7:15-cv-01783-CS, 22 in 7:15-cv-02067-CS, 20 in 7:15-cv-01765-CS, 22 in 7:15-cv-01110-CS, 3257 in 7:13-md-02434-CS-LMS, 20 in 7:15-cv-02068-CS, 19 in 7:14-cv-07562-CS, 22 in 7:15-cv-01116-CS) Notice of Appeal, filed by Jionnis Lewis, Marlena Mudd, Stefanie Lynn Kinnell, Kayla Cubie, Xonda Lahoe, Corina Norman, Lynnette Lynn-Horton were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (tp)
July 5, 2016 Filing 3257 NOTICE OF APPEAL from (3225 in 7:13-md-02434-CS-LMS) Order,,,. Document filed by Kayla Cubie, Xonda Lahoe, Lynnette Lynn-Horton, Stefanie Lynn Kinnell, Jionnis Lewis, Marlena Mudd, Corina Norman. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 7:13-md-02434-CS-LMS et al.(Griffin, Keith)
July 5, 2016 Filing 3256 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL(CTO-163) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Arizona, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 6/24/2016) (sjo)
June 30, 2016 Opinion or Order Filing 3255 Vacated as per Judges Order dated 07/15/2016 as to Plaintiff Dawn Badger, Doc. # 5 ORDER granting (3217) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Orders ("CMO") 7 and 7A, Defendants' Motion to Dismiss without Prejudice for Failure to Submit a Plaintiff Fact Sheet ("PFS") Containing All Core Criteria, (Doc. 3217), is GRANTED as to the Plaintiffs as further set forth in this Order. As outlined in CMO 7, the Plaintiffs in the table below have 90 days following the entry of this Order to serve Defendants with a completed Plaintiff Fact Sheet i.e. a Plaintiff Fact Sheet containing all core criteria or move to vacate the dismissal without prejudice. If Plaintiffs have not taken either of the above steps within 90 days, this Order will be converted into a Dismissal with Prejudice upon Defendants' motion. The Clerk of Court is respectfully instructed to spread this Order to the cases in the caption and as further set forth in this Order and terminate Defendants' Motion (Doc. 3217): So Ordered. (Signed by Judge Cathy Seibel on 6/30/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-03800-CS, 7:16-cv-00721-CS, 7:16-cv-00876-CS (yv) Modified on 7/15/2016 (yv).
June 30, 2016 Opinion or Order Filing 3254 ORDER granting (3216) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Order No. 7 ("CMO 7"), Defendants' Motion to Dismiss without Prejudice, (Doc. 3216), is hereby GRANTED as to the Plaintiffs as further set forth in this Order. As outlined in CMO 7, the Plaintiffs as further set forth in this Order have 90 days following the entry of this Order to serve Defendants with a completed Plaintiff Fact Sheet or move to vacate the dismissal without prejudice. If Plaintiffs have not taken either of the above steps within 90 days, this Order may be converted into a Dismissal with Prejudice upon Defendants' motion. The Clerk of Court is instructed to spread this Order to the cases in the caption and as further set forth in this Order and terminate Defendants' Motion, (Doc. 3216): So Ordered. (Signed by Judge Cathy Seibel on 6/30/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-10059-CS, 7:15-cv-10060-CS, 7:15-cv-10061-CS (yv)
June 30, 2016 Filing 3253 LETTER addressed to Judge Cathy Seibel from William P. Harrington dated June 30, 2016 re: Proposed Orders on Bayer's Motions to Dismiss (Docs. 3216, 3217). Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Harrington, William)
June 30, 2016 Filing 3252 EIGHTH MOTION to Dismiss With Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Harrington, William)
June 30, 2016 Filing 3251 MOTION to Dismiss No. 20, With Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Harrington, William)
June 30, 2016 Filing 3250 MOTION to Dismiss No. 29- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A)(Harrington, William)
June 29, 2016 Opinion or Order Filing 3249 MEMO ENDORSEMENT granting #3248 Letter Motion for Leave to File Document. ENDORSEMENT: Application granted. Although the Court doesn't see the need for a sur-reply because no new issues were raised in Defendants' reply papers, in light of the importance of this motion, Plaintiffs may submit a sur-reply, not more than 5 pages, by July 6, 2016. So Ordered. (Signed by Judge Cathy Seibel on 6/29/16) (yv)
June 23, 2016 Filing 3248 LETTER MOTION for Leave to File sur-reply to summary judgment motion addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated 6/23/2016. Document filed by Plaintiffs' Liaison Counsel.(Kekatos, Diogenes)
June 22, 2016 Filing 3247 DECLARATION of Shayna S. Cook in Support re: #3172 MOTION for Summary Judgment .. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit 30, #2 Exhibit 31, #3 Exhibit 32, #4 Exhibit 33, #5 Exhibit 34, #6 Exhibit 35, #7 Exhibit 36, #8 Exhibit 37)(Harrington, William)
June 22, 2016 Filing 3246 REPLY to Response to Motion re: #3172 MOTION for Summary Judgment . DEFENDANTS REPLY TO PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF MATERIAL FACTS AND OPPOSING STATEMENT OF ADDITIONAL MATERIAL FACTS. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Harrington, William)
June 22, 2016 Filing 3245 REPLY MEMORANDUM OF LAW in Support re: #3172 MOTION for Summary Judgment . . Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Harrington, William)
June 22, 2016 Filing 3241 NOTICE OF APPEARANCE by Lawrence L. Jones, II on behalf of Sheila Estrada. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-04701-CS(Jones, Lawrence)
June 21, 2016 Opinion or Order Filing 3244 MEMO ENDORSEMENT granting (DE#9 in Case No. 7:16-CV-3458(CS)) FIRST LETTER MOTION for Leave to File Letter Motion addressed to Judge Cathy Seibel from Sarah J. Showard dated June 21, 2016. ENDORSEMENT: Application Granted. The Clerk shall effectuate this request. So Ordered. (Signed by Judge Cathy Seibel on 6/21/2016) (lnl)
June 21, 2016 Opinion or Order Filing 3243 MEMO ENDORSEMENT granting (DE#15 in Case No. 7:15-CV-5441(CS)) FIRST LETTER MOTION for Leave to File Letter Motion addressed to Judge Cathy Seibel from Sarah J. Showard dated June 21, 2016. ENDORSEMENT: Application Granted. The Clerk shall effectuate this request. So Ordered. (Signed by Judge Cathy Seibel on 6/21/2016) (lnl)
June 21, 2016 Opinion or Order Filing 3242 MEMO ENDORSEMENT granting (DE#23 in case No. 7:14-cv-9330(CS)) FIRST LETTER MOTION for Leave to File Letter Motion addressed to Judge Cathy Seibel from Sarah J. Showard dated June 21, 2016. ENDORSEMENT: Application Granted. The Clerk shall effectuate this request. So Ordered. (Signed by Judge Cathy Seibel on 6/21/2016) (lnl)
June 20, 2016 Opinion or Order Filing 3240 ORDER APPOINTING NEW CO-LEAD COUNSEL AND NEW MEMBER OF PLAINTIFFS' STEERING COMMITTEE, PENDING BEFORE THIS COURT are three matters. The first is the requested resignation of Matthew J. McCauley as Plaintiffs' Co-Lead Counsel in light of his forthcoming departure from the law firm of Parker Waichman LLP ("Parker Waichman"). The second and third are the nominations, by Plaintiffs' remaining Co-Lead Counsel (James R. Ronca and Fred R. Thompson) and Liaison Counsel (Diogenes P. Kekatos), with the unanimous support of the Plaintiffs' Steering Committee ("PSC"), of Michael K. Johnson of the law firm of Johnson Becker PLLC, who is currently a member of the PSC, for appointment as Mr. McCauley's replacement as Co-Lead Counsel, and of Melanie H. Muhlstock of Parker Waichman to be appointed to assume Mr. Johnson's seat on the PSC. Having considered the applications, the Court hereby accepts Mr. McCauley's resignation, appoints Mr. Johnson to replace him as Co-Lead Counsel, and appoints Ms. Muhlstock to replace Mr. Johnson on the PSC. SO ORDERED. (Attorney Michael K. Johnson for Brittany Agerton,Michael K. Johnson for Nicole Almeida,Michael K. Johnson for James Ary,Michael K. Johnson for Summer Ary,Michael K. Johnson for Kelli Baugh,Michael K. Johnson for Angela Benson,Michael K. Johnson for Shelley Chow,Michael K. Johnson for Kalaki Clarke,Michael K. Johnson for Kelly L. Daniel,Michael K. Johnson for Lewis B. Daniel,Michael K. Johnson for Danielle Dominie,Michael K. Johnson for Kristie B. Donovan,Michael K. Johnson for Jonathan Doyle, Jr,Michael K. Johnson for Janell Egloff,Michael K. Johnson for Brianna Franklin-Spey,Michael K. Johnson for Amber Goss,Michael K. Johnson for Robert Goss,Michael K. Johnson for Peggy Green,Michael K. Johnson for Tiffany Gregg,Michael K. Johnson for Cassie Halton,Michael K. Johnson for Brooklyn G. Jones,Michael K. Johnson for Melissa Jones,Michael K. Johnson for Melissa Jones,Michael K. Johnson for Margarita S. Krncevic,Michael K. Johnson for Raymond Krncevic,Michael K. Johnson for Gina Lafata,Michael K. Johnson for Leah Laskan,Michael K. Johnson for Adam McLaughlin,Michael K. Johnson for Kymbra M. McLaughlin,Michael K. Johnson for Jonathan Miller,Michael K. Johnson for Sheena Montano-Padilla,Michael K. Johnson for Sylvia Montes,Michael K. Johnson for Shaniqua E. Murphy,Michael K. Johnson for Brandie Peets,Michael K. Johnson for Kevin Peets,Michael K. Johnson for Tricia Prendergast,Michael K. Johnson for Melissa Price,Michael K. Johnson for Evelyn Ramirez,Michael K. Johnson for Michaela Ramsey,Michael K. Johnson for Shaquayla Reynolds,Michael K. Johnson for McKenna Ripple,Michael K. Johnson for Toyana Robinson,Michael K. Johnson for Marina Schoeberl,Michael K. Johnson for Benjamin Shipp,Michael K. Johnson for Brandy Shipp,Michael K. Johnson for Nathan Smith,Michael K. Johnson for Olivia Smith,Michael K. Johnson for Brandon Sweet,Michael K. Johnson for Kara Sweet,Michael K. Johnson for Amanda Thompson,Michael K. Johnson for Jennifer Vezina,Michael K. Johnson for Ghiselle Watson,Michael K. Johnson for Minyonna P. Watson,Michael K. Johnson for Corina Weimann,Michael K. Johnson for Jamie Lynn Wells,Michael K. Johnson for Melody Williams,Michael K. Johnson for Ronail Williams,Michael K. Johnson for Jennifer S. Wilson,Michael K. Johnson for Tiffany M Yarborough added. Attorney Matthew J. McCauley and Matthew Joseph McCauley terminated.) (Signed by Judge Cathy Seibel on 6/20/16) (yv)
June 17, 2016 Filing 3239 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Donna M. Di Donato to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natalys E Lopez. (Attachments: #1 Exhibit Certificate of Good Standing - Massachusetts, #2 Exhibit Certificate of Good Standing - RI, #3 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-02881-CS(Chabot, Douglas) Modified on 6/17/2016 (sdi).
June 17, 2016 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (3238 in 7:13-md-02434-CS-LMS, 29 in 7:15-cv-05276-CS) Notice of Appeal, filed by Dena Simons were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05276-CS. (tp)
June 17, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #3239 MOTION for Donna M. Di Donato to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Commonwealth of Massachusetts;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi)
June 17, 2016 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (29 in 7:15-cv-05276-CS, 3238 in 7:13-md-02434-CS-LMS) Notice of Appeal. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05276-CS. (tp)
June 16, 2016 Filing 3238 NOTICE OF APPEAL from (3210 in 7:13-md-02434-CS-LMS, 3210 in 7:13-md-02434-CS-LMS) Order on Motion to Vacate, Order on Motion to Dismiss,,,,,,. Document filed by Dena Simons. Filing fee $ 505.00, receipt number 0208-12431160. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05276-CS(Luke, Robert)
June 16, 2016 Filing 3237 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-162) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Texas, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 6/16/2016) (sjo)
June 10, 2016 Opinion or Order Filing 3236 NOTICE AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a), Plaintiff, Amber McDaniel, hereby dismiss the above-captioned case with prejudice as to all defendants. Each party is to bear its own costs and attorneys' fees. So Ordered. (Signed by Judge Cathy Seibel on 6/10/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-05009-CS(yv)
June 10, 2016 Opinion or Order Filing 3235 NOTICE AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a), Plaintiff, Misty Martin, hereby dismiss the above-captioned case with prejudice as to all defendants. Each party is to bear its own costs and attorneys' fees. So Ordered. (Signed by Judge Cathy Seibel on 6/10/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-05000-CS(yv)
June 10, 2016 Filing 3234 RESPONSE in Opposition to Motion re: (3216 in 7:13-md-02434-CS-LMS) MOTION to Dismiss No. 28- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. . Document filed by Jessica Stiwinter. (Attachments: #1 Exhibit 1 - Affidavit of Service PFS and Certified Mailing)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-00598-CS(Johnson, Michael)
June 10, 2016 Opinion or Order Filing 3233 NOTICE AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a), Plaintiff, Amanda Madril, hereby dismiss the above-captioned case with prejudice as to all defendants. Each party is to bear its own costs and attorneys' fees. So Ordered. (Signed by Judge Cathy Seibel on 6/10/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-04983-CS(yv)
June 10, 2016 Opinion or Order Filing 3232 NOTICE AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41 (a), Plaintiff, Erica Johnson, hereby dismiss the above-captioned case with prejudice as to all defendants. Each party is to bear its own costs and attorneys' fees. So Ordered. (Signed by Judge Cathy Seibel on 6/10/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-04964-CS(yv)
June 10, 2016 Opinion or Order Filing 3231 NOTICE AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a), Plaintiff, Shannon Alvord-Fewell, hereby dismiss the above-captioned case with prejudice as to all defendants. Each party is to bear its own costs and attorneys' fees. So Ordered. (Signed by Judge Cathy Seibel on 6/10/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-04943-CS(yv)
June 9, 2016 **** Per chambers instructions Document #3226 was deleted.****. (sjo)
June 8, 2016 Filing 3230 DECLARATION of Dion Kekatos in Opposition re: #3172 MOTION for Summary Judgment .. Document filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit Exhibits 1-2, #2 Exhibit Exhibits 3-9, #3 Exhibit Exhibits 10-12, #4 Exhibit Exhibit 13-15, #5 Exhibit Exhibit 16-18, #6 Exhibit Exhibit 19-20, #7 Exhibit Exhibits 21-35)(Kekatos, Diogenes)
June 8, 2016 Filing 3229 RESPONSE to Motion re: #3172 MOTION for Summary Judgment . Letter to Judge Seibel. Document filed by Plaintiffs' Liaison Counsel. (Kekatos, Diogenes)
June 8, 2016 Filing 3228 RESPONSE in Opposition to Motion re: #3172 MOTION for Summary Judgment . Pursuant to Rule 56.1. Document filed by Plaintiffs' Liaison Counsel. (Kekatos, Diogenes)
June 8, 2016 Filing 3227 MEMORANDUM OF LAW in Opposition re: #3172 MOTION for Summary Judgment . . Document filed by Plaintiffs' Liaison Counsel. (Kekatos, Diogenes)
June 7, 2016 Filing 3224 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Donna M. Di Donato to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12386540. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natalys E Lopez. (Attachments: #1 Text of Proposed Order Order Granting Pro Hac Vice, #2 Exhibit Certificate of Good Standing - Massachusetts, #3 Exhibit Certificate of Good Standing - Rhode Island)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-02881-CS(Chabot, Douglas) Modified on 6/7/2016 (bcu).
June 7, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (3224 in 7:13-md-02434-CS-LMS, 10 in 7:16-cv-02881-CS) MOTION for Donna M. Di Donato to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12386540. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of Rhode Island;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-02881-CS(bcu)
June 6, 2016 Opinion or Order Filing 3225 ORDER re: (3161 in 7:13-md-02434-CS-LMS) SEVENTH MOTION to Dismiss With Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria, filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer OY. Pursuant to Case Management Orders ("CMO") 7 and 7A, Defendants' Motion to Dismiss With Prejudice for Failure to Submit a Plaintiff Fact Sheet ("PFS") Containing All Core Criteria, (Doc. 3161), is hereby GRANTED as to the Plaintiffs as further set forth in this Order. The Clerk of Court is respectfully instructed to spread this Order to the cases in the caption, terminate the pending Motion (Doc. 3161), and close the cases as further set forth in this Order. An entry of judgment is not required. So Ordered. (Signed by Judge Cathy Seibel on 6/6/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al.(yv)
June 2, 2016 Set/Reset Hearings: Status Conference set for 8/2/2016 at 03:00 PM before Judge Cathy Seibel. Status Conference set for 9/6/2016 at 03:00 PM before Judge Cathy Seibel. Status Conference set for 10/4/2016 at 03:00 PM before Judge Cathy Seibel. Status Conference set for 11/15/2016 at 03:00 PM before Judge Cathy Seibel. (yv)
June 2, 2016 Opinion or Order Filing 3223 Order No. 30 (SCHEDULING ORDER): The status conference scheduled for June 7, 2016 is adjourned. Status conferences will be held on the following dates: (1) August 2, 2016; (2) September 6, 2016; (3) October 4, 2016; (4) November 15, 2016; (5) December 13, 2016. All conferences will be held at 3:00 P.M. Eastern Standard Time. SO ORDERED. (Status Conference set for 12/13/2016 at 03:00 PM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 6/2/16) (yv)
June 1, 2016 Opinion or Order Filing 3222 MEMO ENDORSEMENT granting #3221 Letter Motion for Extension of Time to File Response/Reply re #3172 MOTION for Summary Judgment . (Responses due by 6/8/2016. Replies due by 6/22/2016.) ENDORSEMENT: Application GRANTED. Plaintiffs' Opposition is due by June 8, 2016 and Defendants' Reply is due by June 22, 2016. So Ordered. (Signed by Judge Cathy Seibel on 6/1/16) (yv)
June 1, 2016 Filing 3221 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated June 1, 2016. Document filed by Plaintiffs' Liaison Counsel.(Kekatos, Diogenes)
June 1, 2016 Opinion or Order Filing 3220 ORDER granting (3160) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Order No. 7 ("CMO 7"), Defendants' Motion to Dismiss With Prejudice, (Doc. 3160), is hereby GRANTED as to the Plaintiffs as further set forth in this Order. The Clerk of Court is respectfully requested to spread this Order to the cases in the caption, terminate the pending Motion, (Doc. 3160), and close the cases as further set forth in this Order. An entry of judgment is not required. So Ordered. (Signed by Judge Cathy Seibel on 6/1/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05588-CS, 7:15-cv-06674-CS (yv)
June 1, 2016 Opinion or Order Filing 3219 ORDER granting (3159) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Order No. 7 ("CMO 7"), Defendants' Motion to Dismiss Without Prejudice, (Doc. 3159), is hereby GRANTED as to the Plaintiffs in the table as further set forth in this Order. As outlined in CMO 7, the Plaintiffs in the table as further set forth in this Order have 90 days following the entry of this Order to serve Defendants with a completed Plaintiff Fact Sheet or move to vacate the dismissal without prejudice. If Plaintiffs have not taken either of the above steps within 90 days, this Order may be converted into a Dismissal with Prejudice upon Defendants' motion. The Clerk of Court is instructed to spread this Order to the cases in the caption and the table as further set forth in this Order and terminate Defendants' Motion, (Doc. 3159). So Ordered. (Signed by Judge Cathy Seibel on 6/1/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (yv)
May 31, 2016 Filing 3218 LETTER addressed to Judge Cathy Seibel from William P. Harrington dated May 31, 2016 re: Proposed Orders on Bayer's Motions to Dismiss (Docs. 3159, 3160, 3161). Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order, #3 Text of Proposed Order)(Harrington, William)
May 31, 2016 Filing 3217 MOTION to Dismiss No. 11- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Harrington, William)
May 31, 2016 Filing 3216 MOTION to Dismiss No. 28- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A)(Harrington, William)
May 27, 2016 Filing 3215 NOTICE OF APPEARANCE by Lane C. Siesky on behalf of Kyle A. Taylor, Melissa K. Taylor. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01992-CS(Siesky, Lane)
May 27, 2016 Filing 3214 NOTICE OF APPEARANCE by Karolina Viehe on behalf of Kyle A. Taylor, Melissa K. Taylor. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01992-CS(Viehe, Karolina)
May 26, 2016 Filing 3213 REPLY to Response to Motion re: #3161 SEVENTH MOTION to Dismiss With Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria. . Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit I, #2 Exhibit II, #3 Exhibit III, #4 Exhibit IV, #5 Exhibit V, #6 Exhibit VI, #7 Exhibit VII, #8 Exhibit VIII, #9 Exhibit IX, #10 Exhibit X, #11 Exhibit XI, #12 Exhibit XII, #13 Exhibit XIII, #14 Exhibit XIV, #15 Exhibit XV, #16 Exhibit XVI, #17 Exhibit XVII, #18 Exhibit XVIII, #19 Exhibit XIX, #20 Exhibit XX, #21 Exhibit XXI, #22 Exhibit XXII)(Harrington, William)
May 19, 2016 Opinion or Order Filing 3212 ORDER granting (3211) Motion for Douglas E. Chabot to Appear Pro Hac Vice in case 7:13-md-02434-CS-LMS (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-02881-CS (Seibel, Cathy)
May 19, 2016 Filing 3211 MOTION for Douglas E. Chabot to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12321840. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natalys E Lopez. (Attachments: #1 Exhibit RI Certificate of Good Standing, #2 Exhibit MA - Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-02881-CS(Chabot, Douglas)
May 19, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (7 in 7:16-cv-02881-CS, 3211 in 7:13-md-02434-CS-LMS) MOTION for Douglas E. Chabot to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12321840. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-02881-CS(bcu)
May 18, 2016 Opinion or Order Filing 3210 ORDER denying (3139) Motion to Vacate; granting (3161) Motion to Dismiss in case 7:13-md-02434-CS-LMS; denying (18) Motion to Vacate in case 7:15-cv-05276-CS. Accordingly, because Plaintiff did not serve a substantially completed PFS within 90 days from the Court's Order dismissing her case without prejudice, Plaintiff's Motion to Vacate, (13-MD-2434, Doc. 3139; 15-CV-5276, Doc. 18), is hereby DENIED. Defendants' Motion to Dismiss Plaintiff's case with prejudice, (Doc. 3161), is hereby GRANTED as to the above-captioned Plaintiff. The Clerk of Court is respectfully requested to spread this Order to the case in the caption, to terminate the pending motions at 15-CV-5276, Doc. 18 and 13-MD-2434, Doc. 3139, and to close No. 15-CV-5276. SO ORDERED. (Signed by Judge Cathy Seibel on 5/18/2016) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05276-CS. (mml)
May 17, 2016 Filing 3209 NOTICE OF APPEARANCE by Michael Patrick Doyle on behalf of Amanda Thompson. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-03560-CS(Doyle, Michael)
May 16, 2016 Filing 3208 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 02/09/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Staten, Mary)
May 16, 2016 Filing 3207 TRANSCRIPT of Proceedings re: conference held on 2/9/2016 before Judge Cathy Seibel. Court Reporter/Transcriber: Mary Staten, (914) 390-4027. Transcript may be viewed at the court 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 PACER. Redaction Request due 6/9/2016. Redacted Transcript Deadline set for 6/20/2016. Release of Transcript Restriction set for 8/18/2016.(Staten, Mary)
May 16, 2016 Filing 3206 REPLY to Response to Motion re: (2795 in 7:13-md-02434-CS-LMS) EIGHTH MOTION to Dismiss Without Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria. . Document filed by Dena Simons. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05276-CS(Luke, Robert)
May 12, 2016 Filing 3204 FILING ERROR - DUPLICATE DOCUMENT - DECLARATION of Keith D. Griffin in Opposition re: (3161 in 7:13-md-02434-CS-LMS) SEVENTH MOTION to Dismiss With Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria.. Document filed by Kayla Cubie, Xonda Lahoe, Lynnette Lynn-Horton, Stefanie Lynn Kinnell, Jionnis Lewis, Marlena Mudd, Corina Norman. (Attachments: #1 Exhibit Plaintiff Lahoe's deficiency submission (part 1), #2 Exhibit Plaintiff Lahoe's deficiency submission (part 2), #3 Exhibit Plaintiff Lewis' PFS submission (part 1), #4 Exhibit Plaintiff Lewis' PFS submission (part 2), #5 Exhibit Plaintiff Lynn-Horton's PFS submission (part 1), #6 Exhibit Plaintiff Lynn-Horton's PFS submission (part 2), #7 Exhibit Plaintiff Lynn-Horton's PFS submission (part 3), #8 Exhibit Exhibit 3, #9 Exhibit Exhibit 4 (Plaintiff Cubie's authorizations), #10 Exhibit Exhibit 4 (Plaintiff Kinnell's authorizations), #11 Exhibit Exhibit 4 (Plaintiff Lahoe's authorizations), #12 Exhibit Exhibit 4 (Plaintiff Lynn-Horton's authorizations), #13 Exhibit Exhibit 4 (Plaintiff Mudd's authorizations), #14 Exhibit Exhibit 4 (Plaintiff Norman's authorizations- part 1), #15 Exhibit Exhibit 4 (Plaintiff Norman's authorizations- part 2))Filed In Associated Cases: 7:13-md-02434-CS-LMS et al.(Griffin, Keith) Modified on 5/12/2016 (db).
May 12, 2016 Filing 3203 DECLARATION of Keith D. Griffin in Opposition re: (3161 in 7:13-md-02434-CS-LMS) SEVENTH MOTION to Dismiss With Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria.. Document filed by Kayla Cubie, Xonda Lahoe, Lynnette Lynn-Horton, Stefanie Lynn Kinnell, Jionnis Lewis, Marlena Mudd, Corina Norman. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2 (Plaintiff Cubie's deficiency cure), #3 Exhibit Exhibit 2 (Plaintiff Kinell's deficiency cure), #4 Exhibit Exhibit 2 (Plaintiff Mudd's deficiency cure), #5 Exhibit Exhibit 2 (Plaintiff Norman's deficiency cure))Filed In Associated Cases: 7:13-md-02434-CS-LMS et al.(Griffin, Keith)
May 12, 2016 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. (3204, 17, 20, 20, 18, 18, 20, 18) HAS BEEN REJECTED. THIS IS A DUPLICATED DOCUMENT. Note to Attorney Keith David Griffin : This is a Duplicate Document. Do Not Re-File. Filed In Associated Cases: 7:13-md-02434-CS-LMS et al.(db)
May 11, 2016 Opinion or Order Filing 3205 ORDER granting (2885) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Order ("CMO") 22A, and for the reasons stated on the record in court on May 3, 2016, Defendants' Motion to Dismiss Vanhook v. Bayer (14-CV-980), (13-MD-2434 Doc. 2885; 14-CV-980 Doc. 39), is hereby GRANTED with respect to all claims. The Court previously dismissed Plaintiff's products liability claims, (see 13-MD-2434 Docs. 3169, 3192), and gave Plaintiff an opportunity to oppose Defendants' motion to dismiss her breach of warranty, fraud and punitive damages claims by letter on or before May 10, 2016. Plaintiff has not submitted any opposition. Accordingly, all claims in the above-captioned case are hereby dismissed with prejudice. The Clerk of Court is respectfully requested to spread this Order to Vanhook v. Bayer (14-CV-980), terminate the pending motions at 13-MD-2434 Doc. 2885 and 14-CV-980 Doc. 39, and close the case. SO ORDERED. (Signed by Judge Cathy Seibel on 5/11/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00980-CS (yv)
May 11, 2016 Filing 3202 RESPONSE in Opposition to Motion re: (3161 in 7:13-md-02434-CS-LMS) SEVENTH MOTION to Dismiss With Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria. . Document filed by Kayla Cubie, Xonda Lahoe, Lynnette Lynn-Horton, Stefanie Lynn Kinnell, Jionnis Lewis, Marlena Mudd, Corina Norman. Filed In Associated Cases: 7:13-md-02434-CS-LMS et al.(Griffin, Keith)
May 11, 2016 Opinion or Order Filing 3201 ORDER granting #3198 Motion for Lane C. Siesky to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
May 11, 2016 Opinion or Order Filing 3200 ORDER granting #3197 Motion for Karolina Viehe to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
May 11, 2016 Opinion or Order Filing 3199 MEMO ENDORSED ORDER granting (3179) Motion to Vacate (16 in 7:15-cv-07546-CS, 3110 in 7:13-md-02434-CS-LMS) Order on Motion to Dismiss, in case 7:13-md-02434-CS-LMS; granting (17) Motion to Vacate in case 7:15-cv-07546-CS. ENDORSEMENT: Application granted. For the reasons stated above, the Order dismissing Plaintiff Sandra Naurek's case without prejudice, (13-md-2434 Doc. 3110; 15-cv-7546 Doc. 16), is hereby VACATED as to Plaintiff Naurek. The Clerk of Court is respectfully requested to terminate the pending motions at 13-md-2434 Doc. 3179 and 15-cv-7546 Doc. 17. So Ordered. (Signed by Judge Cathy Seibel on 5/11/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-07546-CS (yv)
May 11, 2016 Filing 3198 MOTION for Lane C. Siesky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12288272. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kyle A. Taylor, Melissa K. Taylor. (Attachments: #1 Exhibit A - Certificate of Good Standing - IN, #2 Exhibit B - Certificate of Good Standing - IL, #3 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01992-CS(Siesky, Lane)
May 11, 2016 Filing 3197 MOTION for Karolina Viehe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12288083. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kyle A. Taylor, Melissa K. Taylor. (Attachments: #1 Exhibit A - Certificate of Good Standing - IN, #2 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01992-CS(Viehe, Karolina)
May 11, 2016 Opinion or Order Filing 3196 MEMO ENDORSEMENT on re: (3194 in 7:13-md-02434-CS-LMS, 25 in 7:15-cv-05276-CS) Letter filed by Dena Simons, (Replies due by 5/16/2016.) ENDORSEMENT: Application denied. The Court instructed Defendants to respond to Plaintiff's Reply because Plaintiff raised many new issues in the Reply that were not discussed in the original Motion to Vacate. Plaintiff may respond by 5/16/16 if she so desires. So Ordered. (Signed by Judge Cathy Seibel on 5/11/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05276-CS(yv)
May 11, 2016 Filing 3195 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL(CTO-161) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Arkansas, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 5/11/2016) (sjo)
May 11, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (3197 in 7:13-md-02434-CS-LMS, 9 in 7:16-cv-01992-CS) MOTION for Karolina Viehe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12288083. Motion and supporting papers to be reviewed by Clerk's Office staff., (3198 in 7:13-md-02434-CS-LMS, 10 in 7:16-cv-01992-CS) MOTION for Lane C. Siesky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12288272. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01992-CS(wb)
May 10, 2016 Filing 3194 LETTER addressed to Judge Cathy Seibel from Robert Luke dated 05/10/16 re: Request to Strike Defendants Sur-Reply (Doc 3177). Document filed by Dena Simons.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05276-CS(Luke, Robert)
May 10, 2016 Opinion or Order Filing 3193 SUGGESTION OF REMAND: Pursuant to CMO 22A, and for the reasons stated on the record in court on May 3, 2016, Defendants' Motion to Dismiss Valdez v. Bayer (14-CV-1479) was granted with respect to claims alleging design defect and strict liability, (13-MD-2434 Doc. 3192; 14-CV-1479 Doc. 64). These claims were dismissed with prejudice. The only remaining potential claims in the above-captioned case are not properly part of this multi-district litigation, as they do not relate to perforation, migration or embedment of the Mirena device. Accordingly, the Court suggests that this action be remanded to the Northern District of Texas so that Plaintiff may pursue any other claim if she so chooses. This suggestion of remand applies only to the above-captioned case, Valdez v. Bayer (14-CV-1479). The Clerk of Court is respectfully directed to serve a copy of this Suggestion of Remand upon the Clerk of the Judicial Panel on Multidistrict Litigation.SO ORDERED. (Signed by Judge Cathy Seibel on 5/10/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-01479-CS(yv)
May 9, 2016 Opinion or Order Filing 3192 AMENDED ORDER re: (63 in 7:14-cv-01479-CS, 63 in 7:14-cv-01479-CS, 63 in 7:14-cv-01479-CS, 63 in 7:14-cv-01479-CS, 63 in 7:14-cv-01479-CS, 63 in 7:14-cv-01479-CS, 63 in 7:14-cv-01479-CS, 43 in 7:14-cv-00980-CS, 43 in 7:14-cv-00980-CS, 43 in 7:14-cv-00980-CS, 43 in 7:14-cv-00980-CS, 43 in 7:14-cv-00980-CS, 43 in 7:14-cv-00980-CS, 43 in 7:14-cv-00980-CS, 20 in 7:15-cv-03833-CS, 20 in 7:15-cv-03833-CS, 20 in 7:15-cv-03833-CS, 20 in 7:15-cv-03833-CS, 20 in 7:15-cv-03833-CS, 20 in 7:15-cv-03833-CS, 20 in 7:15-cv-03833-CS, 15 in 7:15-cv-03830-CS, 15 in 7:15-cv-03830-CS, 15 in 7:15-cv-03830-CS, 15 in 7:15-cv-03830-CS, 15 in 7:15-cv-03830-CS, 15 in 7:15-cv-03830-CS, 15 in 7:15-cv-03830-CS, 3169 in 7:13-md-02434-CS-LMS, 3169 in 7:13-md-02434-CS-LMS, 3169 in 7:13-md-02434-CS-LMS, 3169 in 7:13-md-02434-CS-LMS, 3169 in 7:13-md-02434-CS-LMS, 3169 in 7:13-md-02434-CS-LMS, 3169 in 7:13-md-02434-CS-LMS) Order on Motion to Dismiss,. This Order hereby amends the Court's May 3, 2016 Order relating to the above-captioned cases, (13-MD-2434 Doc. 3169; 15-CV-3830 Doc. 15; 15-CV-3833 Doc. 20; 14-CV-1479 Doc. 63; 14-CV-980 Doc. 43). Pursuant to Case Management Order ("CMO") 22A, and for the reasons stated on the record in court on May 3, 2016, Defendants Motions to Dismiss Pena v. Bayer (15-CV-3830), (13-MD-2434 Doc. 2875; 15-CV-3830 Doc. 9), and Twitty v. Bayer (15-CV-3833), (13-MD-2434 Doc. 2883; 15-CV-3833 Doc. 14), are hereby GRANTED. Pursuant to CMO 22A, and for the reasons stated on the record in court on May 3, 2016, Defendants Motion to Dismiss Valdez v. Bayer (14-CV-1479), (13-MD-2434 Doc. 2884; 14-CV-1479 Doc. 59), is hereby GRANTED with respect to claims alleging design defect and strict liability. These claims are dismissed with prejudice. Pursuant to CMO 22A, and for the reasons stated on the record in court on May 3, 2016, Defendants Motion to Dismiss Vanhook v. Bayer (14-CV-980), (13-MD-2434 Doc. 2885; 14-CV-980 Doc. 39), is hereby GRANTED with respect to Plaintiff's products liability claims. If Plaintiff wishes to oppose Defendants' motion to dismiss her breach of warranty, fraud and punitive damages claims, Plaintiff may submit a letter, not more than 3 pages, by May 10, 2016 explaining why those causes of action should not be dismissed. Defendants can reply by May 17, 2016.The Clerk of Court is respectfully requested to spread this Order to and close Pena v. Bayer (15-CV-3830) and Twitty v. Bayer (15-CV-3833). The Clerk of Court is also respectfully requested to terminate the pending motions at 13-MD-2434 Docs. 2875, 2883, 15-CV-3830 Doc. 9 and 15-CV-3833 Doc. 14. The Clerk of Court is respectfully requested to spread this Order to Valdez v. Bayer (14-CV-1479) and terminate the pending motions at 13-MD-2434 Doc. 2884 and 14-CV-1479 Doc. 59. The Clerk of Court is respectfully requested to spread this Order to Vanhook v. Bayer (14-CV-980). SO ORDERED. (Signed by Judge Cathy Seibel on 5/9/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00980-CS, 7:14-cv-01479-CS, 7:15-cv-03830-CS, 7:15-cv-03833-CS(yv) Modified on 5/10/2016 (yv).
May 9, 2016 Opinion or Order Filing 3191 MEMO ENDORSEMENT on re: #3141 Response to Motion filed by Ashley Heger. ENDORSEMENT: Application granted. For the reasons stated above, the Order dismissing Plaintiff Ashley Heger's case without prejudice, (13-md-2434 Doc. 3110; 15-cv-6467 Doc. 13), is hereby VACATED as to Plaintiff Heger. The Clerk of Court is respectfully requested to terminate the pending motion at 15-cv-6447 Doc, 14. So Ordered. (Signed by Judge Cathy Seibel on 5/9/16) (yv)
May 9, 2016 Filing 3190 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bayer Pharma AG, Bayer OY, Bayer Healthcare Pharmaceuticals Inc.,, Bayer Oy, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc..Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-09513-CS(Harrington, William)
May 9, 2016 Filing 3189 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bayer Pharma AG, Bayer OY, Bayer Healthcare Pharmaceuticals Inc.,, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc., Bayer Oy.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-08811-CS(Harrington, William)
May 9, 2016 Filing 3188 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bayer Pharma AG, Bayer OY, Bayer Healthcare Pharmaceuticals Inc.,, Bayer Oy, Bayer Healthcare Pharmaceuticals Inc, Bayer Pharma AG.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-06456-CS(Harrington, William)
May 9, 2016 Filing 3187 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bayer Oy, Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG, Bayer Pharma AG, Bayer OY, Bayer Healthcare Pharmaceuticals Inc.,.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-09472-CS(Harrington, William)
May 9, 2016 Filing 3186 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bayer Healthcare Pharmaceuticals Incorporated, Bayer Pharma AG, Bayer OY, Bayer Healthcare Pharmaceuticals Inc.,.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00104-CS(Harrington, William)
May 9, 2016 Filing 3185 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bayer Pharma AG, Bayer OY, Bayer Healthcare Pharmaceuticals Inc.,, Bayer Healthcare Pharmaceuticals, Inc.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-08628-CS(Harrington, William)
May 9, 2016 Filing 3184 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bayer Pharma AG, Bayer OY, Bayer Healthcare Pharmaceuticals Inc.,, Bayer Healthcare Pharmaceuticals, Inc..Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-05207-CS(Harrington, William)
May 9, 2016 Filing 3183 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bayer Pharma AG, Bayer OY, Bayer Healthcare Pharmaceuticals Inc.,, Bayer Healthcare Pharmaceuticals, Inc..Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00509-CS(Harrington, William)
May 9, 2016 Filing 3182 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bayer Pharma AG, Bayer OY, Bayer Healthcare Pharmaceuticals Inc.,, Bayer Oy, Bayer Healthcare Pharmaceuticals Inc.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-06094-CS(Harrington, William)
May 9, 2016 Filing 3181 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bayer Pharma AG, Bayer OY, Bayer Healthcare Pharmaceuticals Inc.,.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-00542-CS(Harrington, William)
May 9, 2016 Filing 3180 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG, Bayer OY, Bayer Healthcare Pharmaceuticals Inc.,.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-05767-CS(Harrington, William)
May 9, 2016 Filing 3179 MOTION to Vacate (3110 in 7:13-md-02434-CS-LMS) Order on Motion to Dismiss,,,, . Document filed by Sandra Naurek. (Attachments: #1 Exhibit Exhibit 1, #2 Certificate of Service)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-07546-CS(Regan, Michael)
May 9, 2016 Filing 3178 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-160) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Alabama, Arizona and Arkansas, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 5/9/2016) (sjo)
May 6, 2016 Filing 3177 REPLY to Response to Motion re: (18 in 7:15-cv-05276-CS, 3139 in 7:13-md-02434-CS-LMS) FIRST MOTION to Vacate (2925 in 7:13-md-02434-CS-LMS) Order on Motion to Dismiss,,,, 2795. BAYERS SUR-REPLY TO PLAINTIFFS REPLY IN SUPPORT OF MOTION TO VACATE COURT ORDER NUMBER 2795 [sic] DISMISSING PLAINTIFFS CLAIMS WITHOUT PREJUDICE AND REQUEST FOR ORAL HEARING. Document filed by Bayer Healthcare Pharmaceuticals Inc., Bayer Oy, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc.,. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05276-CS(Harrington, William)
May 5, 2016 Filing 3176 NOTICE OF CHANGE OF ADDRESS by Mark Anthony Cox on behalf of Destiny Asher. New Address: Law Office of Mark A. Cox, PLLC, 15401 N. May Ave, Suite 400, Edmond, Oklahoma, USA 73013, 4052855444. (Cox, Mark)
May 4, 2016 Filing 3175 DECLARATION of Shayna S. Cook in Support re: #3172 MOTION for Summary Judgment .. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29)(Harrington, William)
May 4, 2016 Filing 3174 MEMORANDUM OF LAW in Support re: #3172 MOTION for Summary Judgment . . Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Harrington, William)
May 4, 2016 Filing 3173 RULE 56.1 STATEMENT. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Harrington, William)
May 4, 2016 Filing 3172 MOTION for Summary Judgment . Document filed by Bayer Healthcare Pharmaceuticals Inc., Bayer OY, Bayer Pharma AG.(Harrington, William) Modified on 8/1/2016 (tro).
May 4, 2016 Filing 3171 LETTER addressed to Judge Cathy Seibel from Robert Luke dated May 4, 2016 re: SEVENTH MOTION to Dismiss With Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria. (Doc 3161). Document filed by Dena Simons.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05276-CS(Luke, Robert)
May 3, 2016 Opinion or Order Filing 3170 MEMO ENDORSEMENT denying as moot (3168) Motion to Vacate (2809 in 7:13-md-02434-CS-LMS) Order on Motion to Dismiss, in case 7:13-md-02434-CS-LMS. ENDORSEMENT: Application DENIED as moot. On April 26, 2016, the Court denied this Motion to Vacate. (Doc. 3154.) Because Plaintiff has filed this motion on May 2, 2016, the Court questions whether counsel has read the Court's April 26 Order. In that order, the Court directed counsel to send copies of the Order to the plaintiffs whose cases were dismissed. (See Doc. 3154, at 4.) Counsel is now further directed to certify by letter to the Court by May 6, 2016 that counsel has reviewed the Court's April 26 Order and provide evidence of service of the April 26 Order to the four plaintiffs whose cases were dismissed. So Ordered. (Signed by Judge Cathy Seibel on 5/3/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-09767-CS (yv)
May 3, 2016 Opinion or Order Filing 3169 ORDER granting (2875) Motion to Dismiss; granting (2883) Motion to Dismiss; terminating (2884) Motion to Dismiss in case 7:13-md-02434-CS-LMS; granting (39) Motion to Dismiss in case 7:14-cv-00980-CS; terminating (59) Motion to Dismiss in case 7:14-cv-01479-CS; granting (9) Motion to Dismiss in case 7:15-cv-03830-CS; granting (14) Motion to Dismiss in case 7:15-cv-03833-CS. Pursuant to Case Management Order ("CMO") 22A, and for the reasons stated on therecord in court on May 3, 2016, Defendants' Motions to Dismiss Pena v. Bayer (15-CV-3830),(13-MD-2434 Doc. 2875; 15-CV-3830 Doc. 9), and Twitty v. Bayer (15-CV-3833), (13-MD-2434 Doc. 2883; 15-CV-3833 Doc. 14), are hereby GRANTED. Pursuant to CMO 22A, and for the reasons stated on the record in court on May 3, 2016, Defendants' Motion to Dismiss Valdez v. Bayer (14-CV-1479) is hereby GRANTED with respect to claims alleging design defect and strict liability. These claims are dismissed with prejudice. Further, this case is hereby remanded to the Northern District of Texas if Plaintiff wishes to pursue a claim that is not barred by the statute of limitations. Pursuant to CMO 22A, and for the reasons stated on the record in court on May 3, 2016, Defendants' Motion to Dismiss Vanhook v. Bayer (14-CV-980) is hereby GRANTED with respect to Plaintiff's products liability claims. If Plaintiff wishes to oppose Defendants' motion to dismiss her breach of warranty, fraud and punitive damages claims, Plaintiff may submit a letter, not more than 3 pages, by May 10, 2016 explaining why those causes of action should not be dismissed. Defendants can reply by May 17, 2016. The Clerk of Court is respectfully requested to spread this Order to and close Pena v. Bayer (15-CV-3830) and Twitty v. Bayer (15-CV-3833). The Clerk of Court is also respectfully requested to terminate the pending motions at 13-MD-2434 Docs. 2875, 2883, 15-CV-3830 Doc. 9 and 15-CV-3833 Doc. 14. The Clerk of Court is respectfully requested to spread this Order to Valdez v. Bayer (14-CV-1479), terminate the pending motions at 13-MD-2434 Doc. 2884 and 14-CV-1479 Doc. 59, and remand the case to the Northern District of Texas. The Clerk of Court is respectfully requested to spread this Order to Vanhook v. Bayer (14-CV-980). SO ORDERED. (Signed by Judge Cathy Seibel on 5/3/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00980-CS, 7:14-cv-01479-CS, 7:15-cv-03830-CS, 7:15-cv-03833-CS (yv)
May 2, 2016 Filing 3168 MOTION to Vacate Court Order [Doc.No. 2809 in 13-MD-2434] Dismissing Plaintiff's Claims Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Elizabeth Stouder.(Melidonian, Lina)
May 2, 2016 Opinion or Order Filing 3167 MEMO ENDORSEMENT granting #3164 Letter Motion for Leave to File Excess Pages. ENDORSEMENT: Application Granted, although the Court is not sure why Defendants will need 55 pages for their multi-state survey because the Court imagines the law is the same in many jurisdictions. The Clerk of Court is respectfully requested to terminate the pending motions at 13-md-2434, Doc. 3164 and 13-mc-2434, Doc. 213. So Ordered. (Signed by Judge Cathy Seibel on 5/2/16) (yv)
May 2, 2016 Opinion or Order Filing 3166 ORDER granting (3103) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Orders ("CMO") 7 and 7A, Defendants' Motion to Dismiss without Prejudice for Failure to Submit a Plaintiff Fact Sheet ("PFS") Containing All Core Criteria, (Doc. 3103), is GRANTED as to the Plaintiff as further set forth in this Order. As outlined in CMO 7, the Plaintiff as further set forth in this Order has 90 days following the entry of this Order to serve Defendants with a completed Plaintiff Fact Sheet i.e. a Plaintiff Fact Sheet containing all core criteria or move to vacate the dismissal without prejudice. If Plaintiff has not taken either of the above steps within 90 days, this Order will be converted into a Dismissal with Prejudice upon Defendants' motion. The Clerk of Court is respectfully instructed to spread this Order to the case in the caption and as further set forth in this Order and terminate Defendants' Motion (Doc. 3103): So Ordered. (Signed by Judge Cathy Seibel on 5/2/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05446-CS (yv)
May 2, 2016 Opinion or Order Filing 3165 ORDER re: (3102 in 7:13-md-02434-CS-LMS) MOTION to Dismiss No. 18, With Prejudice for Failure to Submit a Plaintiff Fact Sheet. filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer OY. Pursuant to Case Management Order No. 7 ("CMO 7"), Defendants' Motion to Dismiss with Prejudice, (Doc. 3102), is hereby GRANTED as to the Plaintiffs as further set forth in this Order. The Clerk of Court is respectfully requested to spread this Order to the cases in the caption, terminate the pending Motion (Doc. 3102), and close the cases as further set forth in this Order. An entry of judgment is not required. So Ordered. (Signed by Judge Cathy Seibel on 5/2/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al.(yv)
May 2, 2016 Filing 3164 LETTER MOTION for Leave to File Excess Pages addressed to Judge Cathy Seibel from Shayna S. Cook dated 5-2-2016. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
May 2, 2016 Opinion or Order Filing 3163 ORDER granting (3101) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Order No. 7 (CMO 7), Defendants' Motion to Dismiss without Prejudice, (Doc. 3101), is hereby GRANTED as to the Plaintiffs as further set forth in this Order. As outlined in CMO 7, the Plaintiffs as further set forth in this Order have 90 days following the entry of this Order to serve Defendants with a completed Plaintiff Fact Sheet or move to vacate the dismissal without prejudice. If Plaintiffs have not taken either of the above steps within 90 days, this Order may be converted into a Dismissal with Prejudice upon Defendants' motion. The Clerk of Court is instructed to spread this Order to the cases in the caption and as further set forth in this Order and terminate Defendants' Motion, (Doc. 3101): So Ordered. (Signed by Judge Cathy Seibel on 5/2/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-08479-CS, 7:15-cv-08793-CS (yv)
April 29, 2016 Filing 3162 LETTER addressed to Judge Cathy Seibel from William P. Harrington dated April 29, 2016 re: Proposed Orders on Bayer's Motions to Dismiss (Docs. 3101, 3102, 3103). Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order, #3 Text of Proposed Order)(Harrington, William)
April 29, 2016 Filing 3161 SEVENTH MOTION to Dismiss With Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Harrington, William)
April 29, 2016 Filing 3160 MOTION to Dismiss No. 19, With Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Harrington, William)
April 29, 2016 Filing 3159 MOTION to Dismiss No. 27- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A)(Harrington, William)
April 29, 2016 Filing 3158 RESPONSE in Support of Motion re: (18 in 7:15-cv-05276-CS, 3139 in 7:13-md-02434-CS-LMS) FIRST MOTION to Vacate (2925 in 7:13-md-02434-CS-LMS) Order on Motion to Dismiss,,,, 2795. and Reply to Defendants Motion in Opposition. Document filed by Dena Simons. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05276-CS(Luke, Robert)
April 29, 2016 Filing 3157 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-159) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Alabama, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 4/29/2016) (sjo)
April 27, 2016 Opinion or Order Filing 3156 MEMO ENDORSEMENT on re: (20 in 7:15-cv-05276-CS, 3155 in 7:13-md-02434-CS-LMS) Order on Motion to Vacate. ENDORSEMENT: This Order (13-md-2434, Doc. 3155; 15-cv-5276, Doc. 20), which was issued before Plaintiff had time to reply, is hereby VACATED and Plaintiff's motion to vacate, (13-md-2434, Doc. 3139; 15-cv-5276, Doc. 18), is reinstated. So Ordered. (Signed by Judge Cathy Seibel on 4/27/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05276-CS(yv)
April 27, 2016 Opinion or Order Filing 3155 Vacated as per Judges Order dated 04/27/2016, Doc. #3156 ORDER denying (3139) Motion to Vacate in case 7:13-md-02434-CS-LMS; denying (18) Motion to Vacate in case 7:15-cv-05276-CS. Accordingly, because Plaintiff did not serve a substantially completed PFS within 90 days from the Court's Order dismissing her case without prejudice, Plaintiff's Motion to Vacate, (13-MD-2434, Doc. 3139; 15-CV-5276, Doc. 18), is hereby DENIED. The Clerk of Court is respectfully requested to spread this Order to the case in the caption and to terminate the pending motions at 15-CV-5276, Doc. 18 and 13-MD-2434, Doc. 3139. SO ORDERED. (Signed by Judge Cathy Seibel on 4/27/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05276-CS (yv) Modified on 4/28/2016 (yv).
April 27, 2016 Filing 3153 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-158) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Florida, Maryland and North Carolina, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 4/27/2016) (sjo)
April 26, 2016 Opinion or Order Filing 3154 ORDER granting (3102) Motion to Dismiss; denying (3130) Motion to Vacate ; denying (3131) Motion to Vacate ; denying (3132) Motion to Vacate in case 7:13-md-02434-CS-LMS; denying (3) Motion to Vacate in case 7:15-cv-09654-CS; denying (3) Motion to Vacate in case 7:15-cv-09767-CS; denying (3) Motion to Vacate in case 7:15-cv-09778-CS; denying (3) Motion to Vacate in case 7:15-cv-09786-CS. In accordance with CMO 7, because Plaintiffs did not serve completed PFS's within 90 days from the Court's Order dismissing their cases without prejudice, Plaintiffs Motions to Vacate, (15-CV-9654, Doc. 3; 15-CV-9767, Doc. 3; 15-CV-9778, Doc. 3; 15-CV-9786, Doc. 3; 13-MD-2434, Docs. 3130, 3131 and 3132), are hereby DENIED, and Defendants Motion to convert Plaintiffs' dismissals without prejudice into dismissals with prejudice, (Doc. 3102), is hereby GRANTED as to the above-captioned Plaintiffs. The Clerk of Court is respectfully requested to spread this Order to the cases in the caption, close these cases, and to terminate the pending motions at 15-CV-9654, Doc. 3; 15-CV-9767, Doc. 3; 15-CV-9778, Doc. 3; 15-CV-9786, Doc. 3; 13-MD-2434, Docs. 3130, 3131 and 3132. SO ORDERED. (Signed by Judge Cathy Seibel on 4/26/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-09654-CS, 7:15-cv-09767-CS, 7:15-cv-09778-CS, 7:15-cv-09786-CS (yv)
April 26, 2016 Opinion or Order Filing 3152 ORDER denying as moot (2762) Motion for Summary Judgment in case 7:13-md-02434-CS-LMS (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00288-CS (Seibel, Cathy)
April 26, 2016 Opinion or Order Filing 3151 ORDER denying as moot (2756) Motion for Summary Judgment in case 7:13-md-02434-CS-LMS (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS (Seibel, Cathy)
April 26, 2016 Filing 3150 NOTICE of COURT CONFERENCE: An oral ruling will be issued by the Hon. Cathy Seibel, U.S.D.J. on May 3, 2016 at 3:00 p.m. at the Charles L. Brieant United States Courthouse, 300 Quarropas Street, White Plains, NY 10601, Courtroom 621. The parties may appear telephonically. (Oral ruling set for 5/3/2016 at 03:00 PM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel.)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00980-CS, 7:14-cv-01479-CS, 7:15-cv-03830-CS, 7:15-cv-03833-CS(yv)
April 25, 2016 Opinion or Order Filing 3149 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS STIPULATED AND AGREED that the above-captioned action be, and hereby is, dismissed with prejudice and without costs or attorney's fees to any party, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. So Ordered. (Signed by Judge Cathy Seibel on 4/25/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00288-CS(yv)
April 25, 2016 Opinion or Order Filing 3148 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS STIPULATED AND AGREED that the above-captioned action be, and hereby is, dismissed with prejudice and without costs or attorney's fees to any party, pursuant to Rule 41 (a)(1)(A)(ii) of the Federal Rules of Civil Procedure. So Ordered. (Signed by Judge Cathy Seibel on 4/25/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(yv)
April 22, 2016 Filing 3147 RESPONSE in Opposition to Motion re: (18 in 7:15-cv-05276-CS, 3139 in 7:13-md-02434-CS-LMS) FIRST MOTION to Vacate (2925 in 7:13-md-02434-CS-LMS) Order on Motion to Dismiss,,,, 2795. . Document filed by Bayer Healthcare Pharmaceuticals Inc., Bayer Oy, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc.,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05276-CS(Harrington, William)
April 22, 2016 Filing 3146 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Bayer Healthcare Pharmaceuticals, Inc., Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Christie L. Hayes.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00288-CS(Bess, Nathan)
April 22, 2016 Opinion or Order Filing 3145 MEMO ENDORSEMENT on re: #3128 Letter requesting Stay of proceedings in the Second Disposition Pool cases, filed by Plaintiffs' Liaison Counsel. ENDORSEMENT: Application GRANTED. For the reasons stated above, and in light of the fact that Defendants do not oppose, (see 13-md-2434, Doc. 3129), all proceedings for cases in the Second Disposition Pool ("SDP") are hereby stayed pending the resolution of Defendants' forthcoming omnibus summary judgment motion. So Ordered. (Signed by Judge Cathy Seibel on 4/21/16) (yv)
April 21, 2016 Filing 3144 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) All Defendants and Without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Jennifer Danley.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(Childers, Charles)
April 20, 2016 Filing 3143 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL(CTO-157) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Florida and Missouri, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 4/20/2016) (sjo)
April 20, 2016 Filing 3142 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Bayer Healthcare Pharmaceuticals, Inc., Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Christie L. Hayes.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00288-CS(Overholtz, Neil)
April 19, 2016 Filing 3141 RESPONSE to Motion re: #3047 NINTH MOTION to Dismiss Without Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria. . Document filed by Ashley Heger. (Yackulic, Corrie)
April 18, 2016 Filing 3140 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-156) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Florida, Minnesota, Missouri, Nebraska, New Jersey, Rhode Island and South Carolina, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 4/18/2016) (sjo)
April 15, 2016 Filing 3139 FIRST MOTION to Vacate (2925 in 7:13-md-02434-CS-LMS) Order on Motion to Dismiss,,,, 2795. Document filed by Dena Simons. (Attachments: #1 Exhibit, #2 Exhibit)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05276-CS(Luke, Robert) Modified on 4/28/2016 (yv).
April 14, 2016 Opinion or Order Filing 3138 MEMO ENDORSED ORDER terminating #2341 BAYER'S NOTICE OF WITHDRAWAL OF ITS FIFTH MOTION TO DISMISS WITHOUT PREJUDICE FOR FAILURE TO SUBMIT A PLAINTIFF FACT SHEET CONTAINING ALL CORE CRITERIA. ENDORSEMENT: The Clerk of the Court is respectfully requested to terminate the pending motion at Doc. 2341. SO ORDERED. (Signed by Judge Cathy Seibel on 4/14/2016) (mml)
April 14, 2016 Opinion or Order Filing 3137 MEMO ENDORSEMENT on PLAINTIFF'S RESPONSE TO AND MOTION TO VACATE COURT ORDER NUMBER 2793 DISMISSING PLAINTIFF'S CLAIMS WITHOUT PREJUDICE FOR FAILURE TO SUBMIT A PLAINTIFF FACT SHEET. ENDORSEMENT: Application GRANTED. For the reasons stated above, the Order dismissing Plaintiff Janisse Sandidge's case without prejudice, (13-MD-2434, Doc. 2923; 15-CV-5653, Doc. 13), is hereby VACATED as to Plaintiff Sandidge. SO ORDERED. (Signed by Judge Cathy Seibel on 4/14/2016) (mml)
April 14, 2016 Filing 3136 NOTICE of Withdrawal re: #2341 FIFTH MOTION to Dismiss Without Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria.. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Harrington, William)
April 14, 2016 Filing 3135 RESPONSE in Opposition to Motion re: #3132 MOTION to Vacate Court Order [Doc.No. 2809 in 13-MD-2434] Dismissing Plaintiff's Claims Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. . Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harrington, William)
April 14, 2016 Filing 3134 RESPONSE in Opposition to Motion re: #3131 MOTION to Vacate Court Order [Doc.No. 2809 in 13-MD-2434] Dismissing Plaintiff's Claims Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. . Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harrington, William)
April 14, 2016 Filing 3133 RESPONSE in Opposition to Motion re: #3130 MOTION to Vacate Court Order [Doc.No. 2809 in 13-MD-2434] Dismissing Plaintiff's Claims Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. . Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harrington, William)
April 14, 2016 Pro Hac Vice Fee Not Required for #69 MOTION for Eric D. Holland to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8493202. Motion and supporting papers to be reviewed by Clerk's Office staff.. DUPLICATE PAYMENT. (dig)
April 13, 2016 Filing 3132 MOTION to Vacate Court Order [Doc.No. 2809 in 13-MD-2434] Dismissing Plaintiff's Claims Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Jennifer Whittington.(Melidonian, Lina)
April 13, 2016 Filing 3131 MOTION to Vacate Court Order [Doc.No. 2809 in 13-MD-2434] Dismissing Plaintiff's Claims Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Kimberly Stuckey.(Melidonian, Lina)
April 13, 2016 Filing 3130 MOTION to Vacate Court Order [Doc.No. 2809 in 13-MD-2434] Dismissing Plaintiff's Claims Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Carenia Williams.(Melidonian, Lina)
April 12, 2016 Filing 3129 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated April 12, 2016 re: SDP Deadlines. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
April 12, 2016 Filing 3128 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated April 12, 2016 re: Stay of proceedings in the Second Disposition Pool cases. Document filed by Plaintiffs' Liaison Counsel.(Kekatos, Diogenes)
April 12, 2016 Filing 3127 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE DOCUMENT #3130) MOTION to Vacate Court Order [Doc.No. 2809 in 13-MD-2434] Dismissing Plaintiff's Claims Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Candace Williams.(Melidonian, Lina) Modified on 4/22/2016 (lb).
April 11, 2016 Filing 3126 RESPONSE to Motion re: #2793 MOTION to Dismiss No. 23- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. . Document filed by Janisse Sandidge. (Strick, Lawrence)
April 8, 2016 Opinion or Order Filing 3125 MEMO ENDORSEMENT granting (3123) Motion to Vacate (2809 in 7:13-md-02434-CS-LMS, 45 in 7:15-cv-05455-CS) Order on Motion to Dismiss, in case 7:13-md-02434-CS-LMS. ENDORSEMENT: For the reasons stated above, the Order dismissing Plaintiff Jessica Brown's case without prejudice, (13-md-2434, Doc. 2809; 15-cv-5455, Doc. 45), is hereby VACATED as to Plaintiff Brown. The Clerk of Court is respectfully requested to terminate the pending motion at 13-md-2434 Doc. 3123. So Ordered. (Signed by Judge Cathy Seibel on 4/8/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05455-CS (yv)
April 8, 2016 Opinion or Order Filing 3124 MEMO ENDORSEMENT granting (3122) Motion to Vacate (2809 in 7:13-md-02434-CS-LMS) Order on Motion to Dismiss, in case 7:13-md-02434-CS-LMS. ENDORSEMENT: For the reasons stated above, the Order dismissing Plaintiff Jessica Johnson's case without prejudice, (13-md-2434, Doc. 2809), is hereby VACATED as to Plaintiff Johnson. The Clerk of Court is respectfully requested to terminate the pending motion at 13-md-2434 Doc. 3122. So Ordered. (Signed by Judge Cathy Seibel on 4/8/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-09780-CS (yv)
April 7, 2016 Filing 3123 MOTION to Vacate #2809 Order on Motion to Dismiss,,,, . Document filed by Jessica Brown.(Melidonian, Lina)
April 7, 2016 Filing 3122 MOTION to Vacate #2809 Order on Motion to Dismiss,,,, . Document filed by Jessica Johnson.(Melidonian, Lina)
April 7, 2016 Opinion or Order Filing 3121 ORDER granting #2102 Motion for Kevin M. Zielke to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
April 7, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #2102 MOTION for Kevin M. Zielke to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 5, 2016 Opinion or Order Filing 3120 MEMO ENDORSEMENT granting (1346) Motion to Dismiss Bayer Corporation, Bayer Healthcare, LLC, Bayer Pharmaceuticals Corporation, Berlex Laboratories, Inc. and Berlex, Inc. ONLY. in case 7:13-md-02434-CS-LMS. ENDORSEMENT: The Clerk is respectfully requested to terminate the pending motion at 13-md-2434 Doc. 1346. So Ordered. (Signed by Judge Cathy Seibel on 4/4/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-04907-CS (yv)
April 5, 2016 Opinion or Order Filing 3119 MEMO ENDORSED ORDER granting (1102) Motion to Substitute Attorney. (Added attorney Dawn M. Chmielewski for Laura Galbreath,Dawn M. Chmielewski for Laura Galbreath,Dawn M. Chmielewski for Tamisin Hammond,Dawn M. Chmielewski for Gwendolyn Price,Dawn M. Chmielewski for Tamisin Hammond,Dawn M. Chmielewski for Gwendolyn Price. Attorney Charles Michael Bollinger terminated in case 7:13-md-02434-CS-LMS; granting (29) Motion to Substitute Attorney. Added attorney Dawn M. Chmielewski for Laura Galbreath,Dawn M. Chmielewski for Laura Galbreath,Dawn M. Chmielewski for Tamisin Hammond,Dawn M. Chmielewski for Gwendolyn Price,Dawn M. Chmielewski for Tamisin Hammond,Dawn M. Chmielewski for Gwendolyn Price. Attorney Charles Michael Bollinger terminated in case 7:14-cv-00573-CS; granting (24) Motion to Substitute Attorney. Added attorney Dawn M. Chmielewski for Laura Galbreath,Dawn M. Chmielewski for Laura Galbreath,Dawn M. Chmielewski for Tamisin Hammond,Dawn M. Chmielewski for Gwendolyn Price,Dawn M. Chmielewski for Tamisin Hammond,Dawn M. Chmielewski for Gwendolyn Price. Attorney Charles Michael Bollinger terminated in case 7:14-cv-01853-CS; granting (22) Motion to Substitute Attorney. Added attorney Dawn M. Chmielewski for Laura Galbreath,Dawn M. Chmielewski for Laura Galbreath,Dawn M. Chmielewski for Tamisin Hammond,Dawn M. Chmielewski for Gwendolyn Price,Dawn M. Chmielewski for Tamisin Hammond,Dawn M. Chmielewski for Gwendolyn Price. Attorney Charles Michael Bollinger terminated in case 7:14-cv-03262-CS) ORDERED that Dawn M. Chmielewski be substituted as co-counsel of record for plaintiffs in the captioned matter in place of C. Michael Bollinger. ENDORSEMENT: The Clerk of Court is respectfully requested to terminate the pending motions: 13-md-2434 Doc. 1102, 14-cv-1853 Doc. 24, 14-cv-573, Doc. 29, 14-cv-3262 Doc. 22. (Signed by Judge Cathy Seibel on 4/4/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00573-CS, 7:14-cv-01853-CS, 7:14-cv-03262-CS (yv)
April 4, 2016 Opinion or Order Filing 3118 ORDER granting #3100 Motion for Randall Seth Crompton to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
April 4, 2016 Opinion or Order Filing 3117 MEMO ENDORSEMENT on re: (2977 in 7:13-md-02434-CS-LMS, 6 in 7:15-cv-06793-CS) Response in Opposition to Motion, filed by Deshaaron Holmes. ENDORSEMENT: The Court's order dismissing Plaintiff Deshaaron Holmes' case without prejudice (13-MD-2434, Doc. 2809; 15-CV-6793, Doc. 5), is hereby VACATED as to Plaintif Holmes only because Plaintiff has produced a substantially completed PFS within the required 90-day period. Plaintiff's counsel is again reminded that once a case is dismissed without prejudice, counsel should file a motion to vacate and not a response to a motion that has already been decided. So Ordered. (Signed by Judge Cathy Seibel on 4/4/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06793-CS(yv)
April 4, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #3100 MOTION for Randall Seth Crompton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12119572. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 1, 2016 Opinion or Order Filing 3116 MEMO ENDORSEMENT granting (3056) Motion to Vacate (2809 in 7:13-md-02434-CS-LMS, 5 in 7:15-cv-06767-CS) Order on Motion to Dismiss, in case 7:13-md-02434-CS-LMS; granting (8) Motion to Vacate in case 7:15-cv-06767-CS in case 7:13-md-02434-CS-LMS. (Signed by Judge Cathy Seibel on 4/1/16). ENDORSEMENT: For the reasons stated above, the Order dismissing Plaintiff Kymberlee Bateni's case without prejudice, (13-md-2434, Doc. 2809; 15-cv-6767, Doc. 5), is hereby VACATED as to Plaintiff Bateni only. The Clerk of Court is respectfully requested to terminate the pending motions at 13-md-2434 Doc. 3056 and 15-cv-6767 Doc. 8. So Ordered. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06767-CS (yv)
April 1, 2016 Opinion or Order Filing 3115 MEMO ENDORSEMENT granting (3058) Motion to Vacate (2809 in 7:13-md-02434-CS-LMS, 5 in 7:15-cv-06860-CS) Order on Motion to Dismiss, in case 7:13-md-02434-CS-LMS; granting (9) Motion to Vacate in case 7:15-cv-06860-CS in case 7:13-md-02434-CS-LMS. ENDORSEMENT: For the reasons stated above, the Order dismissing Plaintiff Sherry Lopez de Ricci's case without prejudice, (13-md-2434, Doc. 2809; 15-cv-6860, Doc. 5), is hereby VACATED, only as to Plaintiff de Ricci. The Clerk of Court is respectfully requested to terminate the pending motions at 13-md-2434 Doc. 3058 and 15-cv-6860 Doc. 9. So Ordered. (Signed by Judge Cathy Seibel on 4/1/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06860-CS (yv)
March 31, 2016 Opinion or Order Filing 3114 MEMO ENDORSEMENT granting (3094) Motion to Vacate (2923 in 7:13-md-02434-CS-LMS, 8 in 7:15-cv-05655-CS) Order on Motion to Dismiss, in case 7:13-md-02434-CS-LMS; granting (9) Motion to Vacate in case 7:15-cv-05655-CS in case 7:13-md-02434-CS-LMS. ENDORSEMENT: For the reasons stated below, the Order dismissing Plaintiff Autumn Hardy's case without prejudice, (13-md-2434, Doc. 2923; 15-cv-5655, Doc. 8), is hereby VACATED, only as to Plaintiff Hardy (15-cv-5655). The Clerk of Court is respectfully requested to terminate the pending motions at 13-md-2434 Doc. 3094 and 15-cv-5655 Doc. 9. So Ordered. (Signed by Judge Cathy Seibel on 3/31/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05655-CS (yv) Modified on 4/1/2016 (yv).
March 31, 2016 Opinion or Order Filing 3113 PLAINTIFF AMANDA FERGUSON'S MOTION TO VACATE ORDER OF DISMISSAL WITHOUT PREJUDICE AND TO REINSTATE CASE granting (3059) Motion to Vacate in case 7:13-md-02434-CS-LMS; granting (6) Motion to Vacate in case 7:15-cv-06790-CS. ENDORSEMENT: For the reasons stated above, the Order dismissing Plaintiff Amanda Ferguson's case without prejudice, (13-MD-2434, Doc. 2809; 15-CV-6790, Doc. 5), is hereby VACATED, only as to Plaintiff Ferguson's case (15-CV-6790). The Clerk of the Court is respectfully requested to terminate the pending motions at 13-MD-2434 Doc. 2059 and 15-CV-6790 Doc. 6. SO ORDERED. (Signed by Judge Cathy Seibel on 3/31/2016) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06790-CS (mml)
March 31, 2016 Opinion or Order Filing 3112 ORDER granting (3045) MOTION to Dismiss No. 25- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet: Pursuant to Case Management Order No. 7 ("CMO 7"), Defendants' Motion to Dismiss without Prejudice, (Doc. 3045), is GRANTED as to the Plaintiffs in the table below. As outlined in C.M.O. 7, the Plaintiffs in the table below have 90 days following the entry of this Order to serve Defendants with a completed Plaintiff Fact Sheet or move to vacate the dismissal without prejudice. If Plaintiffs have not taken either of the above steps within 90 days, this Order may be converted into a Dismissal with Prejudice upon Defendants' motion. The Clerk of Court is instructed to spread this Order to the cases in the caption and the table below and terminate Defendants' Motion, (Doc. 3045). SO ORDERED. (Signed by Judge Cathy Seibel on 3/31/2016) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-08176-CS, 7:15-cv-08179-CS (lnl)
March 31, 2016 Opinion or Order Filing 3111 ORDER granting (3046) MOTION to Dismiss No. 17, With Prejudice for Failure to Submit a Plaintiff Fact Sheet: Pursuant to Case Management Order No. 7 ("CMO 7"), Defendants' Motion to Dismiss with Prejudice, (Doc. 3046), is GRANTED as to the Plaintiffs in the table below. The Clerk of Court is respectfully requested to spread this Order to the cases in the caption, terminate the pending Motion, (Doc. 3046), and close the cases in the table below. An entry of judgment is not required. (Signed by Judge Cathy Seibel on 3/31/2016) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (lnl)
March 31, 2016 Opinion or Order Filing 3110 Vacated as to Ashley Heger and Sandra Naurek as per Judges Orders dated 05/09/2016 and 05/11/2016, Doc. #15 and Doc. #18 ORDER granting (3047) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Orders ("CMO") 7 and 7A, Defendants' Motion to Dismiss without Prejudice for Failure to Submit a Plaintiff Fact Sheet ("PFS") Containing All Core Criteria, (Doc. 3047), is hereby GRANTED as to the Plaintiffs in the table below. As outlined in CMO 7, the Plaintiffs in the table below have 90 days following the entry of this Order to serve Defendants with a completed Plaintiff Fact Sheet - i.e. a Plaintiff Fact Sheet containing all core criteria - or move to vacate the dismissal without prejudice. If Plaintiffs have not taken either of the above steps within 90 days, this Order will be converted into a Dismissal with Prejudice upon Defendants' motion. The Clerk of Court is respectfully instructed to spread this Order to the cases in the caption and the table below and terminate Defendants' Motion (Doc. 3047). (Signed by Judge Cathy Seibel on 3/31/2016) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (mml) Modified on 5/10/2016 (yv). Modified on 5/11/2016 (yv).
March 31, 2016 Opinion or Order Filing 3109 ORDER granting (3107) Motion for Bradley M. Lakin to Appear Pro Hac Vice in case 7:13-md-02434-CS-LMS (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-09619-CS (Seibel, Cathy)
March 31, 2016 Filing 3108 LETTER addressed to Judge Cathy Seibel from William P. Harrington dated March 31, 2016 re: Revised Proposed Order on Bayer's Motion to Dismiss (Doc. 3045). Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Text of Proposed Order)(Harrington, William)
March 31, 2016 Filing 3107 MOTION for Bradley M. Lakin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12128157. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jennifer Miller. (Attachments: #1 Text of Proposed Order Text of Proposed Order, #2 Exhibit Certificate Missouri, #3 Exhibit Certificate Illinois, #4 Exhibit Certificate Arizona)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-09619-CS(Lakin, Bradley)
March 31, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (122 in 7:15-cv-09619-CS, 3107 in 7:13-md-02434-CS-LMS) MOTION for Bradley M. Lakin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12128157. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-09619-CS(wb)
March 30, 2016 Filing 3106 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated March 30, 2016 re: Response to Bayer's March 22, 2016 Letter. Document filed by Plaintiffs' Liaison Counsel.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
March 30, 2016 Filing 3105 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated March 30, 2016 re: Response to Plaintiffs' March 22, 2016 Letter. Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Attachments: #1 Exhibit A (Under Seal), #2 Exhibit B (Under Seal))Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-05801-CS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Cook, Shayna)
March 30, 2016 Filing 3104 LETTER addressed to Judge Cathy Seibel from William P. Harrington dated March 30, 2016 re: Proposed Orders on Bayer's Motions to Dismiss (Docs. 3045, 3046, 3047). Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order, #3 Text of Proposed Order)(Harrington, William)
March 30, 2016 Filing 3103 TENTH MOTION to Dismiss Without Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Harrington, William)
March 30, 2016 Filing 3102 MOTION to Dismiss No. 18, With Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Affidavit Affidavit of Service on pro se Plaintiff)(Harrington, William)
March 30, 2016 Filing 3101 MOTION to Dismiss No. 26- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A)(Harrington, William)
March 29, 2016 Filing 3100 MOTION for Randall Seth Crompton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12119572. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nicholas Clark, Rody Clark. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Certificate of Good Standing - MO, #3 Exhibit B - Certificate of Good Standing - IL)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01801-CS(Crompton, Randall)
March 28, 2016 Filing 3099 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-155) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Mississippi, New Mexico, North Carolina, South Carolina and Tennessee, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 3/28/2016) (sjo)
March 25, 2016 Filing 3097 RESPONSE in Opposition to Motion re: (3045 in 7:13-md-02434-CS-LMS) MOTION to Dismiss No. 25- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. . Document filed by Tara Custer. (Attachments: #1 Exhibit 1 - Affidavit of Service PFS and Certified Mailing)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-08029-CS(Johnson, Michael)
March 24, 2016 Opinion or Order Filing 3096 JOINT ORDER, On March 22, 2016, Plaintiffs and Defendants in the above-captioned litigations filed letters in the federal multi-district litigation (MDL), (13-MD-2434 Docs. 3087, 3088). These letters discussed the effect of the Federal Courts March 8, 2016 Daubert Opinion & Order, (13-MD-2434 Doc. 3073), on the pending motions for summary judgment in the Danley (13-CV-6586) and Hayes (14-CV-288) cases in the MDL and on the future of the MDL. The parties are hereby directed to respond to these letters, addressing the arguments set forth by the opposing party in no more than 3 pages, on or before March 30, 2016. The parties are currently scheduled to appear for a conference before Judge Seibel on April 5, 2016 at 3:00 p.m. The parties are directed to appear instead at 1:30 p.m. at the same location (Room 621 at 300 Quarropas Street, White Plains, New York 10601) on April 5, 2016 for a joint settlement conference with Judge Seibel and Judge Martinotti. The attending parties must have full authority to discuss settlement. The parties should be available and prepared to continue the conference on April 6, 2016 if the discussion on April 5 is productive. Counsel shall submit an ex parte settlement statement of not more than 5 pages, on or before April 1, 2016. This statement shall address both liability and damages and shall (without prejudice) set forth the parameters for what they feel is a reasonable range for settlement, as well as their estimate of potential jury verdicts. These amounts will not, without express permission, be conveyed to the other party. So Ordered., (Settlement Conference set for 4/5/2016 at 01:30 PM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel and Judge Martinotti, J.S.C.) (Signed by Judge Cathy Seibel and Judge Martinotti, J.S.C. on 3/24/16) (yv)
March 24, 2016 Filing 3095 NOTICE OF APPEARANCE by Eric D. Holland on behalf of Nicholas Clark, Rody Clark. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01801-CS(Holland, Eric)
March 24, 2016 Filing 3094 MOTION to Vacate (2923 in 7:13-md-02434-CS-LMS) Order on Motion to Dismiss,,,, without Prejudice for Failure to Submit Plaintiff Fact Sheet. Document filed by Autumn Hardy. (Attachments: #1 Exhibit 1- Affidavit of Service PFS)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05655-CS(Johnson, Michael)
March 24, 2016 Filing 3093 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Eric D Holland to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Casey Thurman, Linda A. Thurman. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Certificate of Good Standing - MO, #3 Exhibit B - Certificate of Good Standing - IL, #4 Exhibit C - Certificate of Good Standing - MI)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01800-CS(Holland, Eric) Modified on 3/24/2016 (sdi).
March 24, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (3093 in 7:13-md-02434-CS-LMS, 8 in 7:16-cv-01800-CS) MOTION for Eric D Holland to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Duplicate filing. File the Motion for Pro Hac Vice only into the civil case.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01800-CS(sdi)
March 24, 2016 **** Per chambers instructions Documents #2850, #2852 Exhibit 21, #2853 and #2855 Exhibit 21 were deleted.**** (sjo)
March 23, 2016 Filing 3092 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-154) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Connecticut, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 3/23/2016) (sjo)
March 23, 2016 Opinion or Order Filing 3091 ORDER granting (3090) Motion for Eric D Holland to Appear Pro Hac Vice in case 7:13-md-02434-CS-LMS (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01801-CS (Seibel, Cathy)
March 23, 2016 Filing 3090 MOTION for Eric D Holland to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nicholas Clark, Rody Clark. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Certificate of Good Standing - MO, #3 Exhibit B - Certificate of Good Standing - IL, #4 Exhibit C - Certificate of Good Standing - MI)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01801-CS(Holland, Eric)
March 23, 2016 Filing 3089 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Eric D Holland to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nicholas Clark, Rody Clark. (Attachments: #1 Exhibit A - Certificate of Good Standing - MO, #2 Exhibit B - Certificate of Good Standing - IL, #3 Exhibit C - Certificate of Good Standing - MI)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01801-CS(Holland, Eric) Modified on 3/23/2016 (sdi).
March 23, 2016 Filing 3088 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated March 22, 2016 re: Daubert Ruling. Document filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
March 23, 2016 Pro Hac Vice Fee Payment: for (8 in 7:16-cv-01801-CS) MOTION for Eric D Holland to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number 0208-12099537.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01801-CS(Holland, Eric)
March 23, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (3090 in 7:13-md-02434-CS-LMS, 8 in 7:16-cv-01801-CS) MOTION for Eric D Holland to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01801-CS(sdi)
March 23, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #3089 MOTION for Eric D Holland to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order; the filing fee was not paid;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (sdi)
March 23, 2016 **** Per chambers instructions Document #3088 was deleted.**** (sjo)
March 22, 2016 Filing 3087 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated March 22, 2016 re: Daubert Impact. Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Cook, Shayna)
March 21, 2016 Filing 3086 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-153)transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of New York and North Carolina, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 3/21/2016) (sjo)
March 16, 2016 Opinion or Order Filing 3085 ORDER granting #3082 Motion for Annesley H. DeGaris to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
March 16, 2016 Opinion or Order Filing 3084 MEMO ENDORSED ORDER STRIKING DOCUMENT FROM RECORD....that Document No. [2978, 6] are stricken from the record., Motions terminated: (3061 in 7:13-md-02434-CS-LMS, 11 in 7:15-cv-06860-CS) MOTION to Withdraw (2978 in 7:13-md-02434-CS-LMS, 6 in 7:15-cv-06860-CS) Response in Opposition to Motion, . filed by Sherry Lopez De Ricci, (8 in 7:15-cv-06860-CS) MOTION to Withdraw (2978 in 7:13-md-02434-CS-LMS, 6 in 7:15-cv-06860-CS) Response in Opposition to Motion, . filed by Sherry Lopez De Ricci. ENDORSEMENT: Application granted. 13-md-2434 Doc. 2978 and 15-cv-6860 Doc. 6 are hereby stricken. The Clerk of Court is respectfully requested to terminate the pending motions at 13-md-2434 Doc. 3061 and 15-cv-6860 Docs. 8 and 11. So Ordered. (Signed by Judge Cathy Seibel on 3/15/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06860-CS(yv)
March 16, 2016 Opinion or Order Filing 3083 MEMO ENDORSED ORDER STRIKING DOCUMENT FROM RECORD....that Document No. (3040) is stricken from the record., Motions terminated: (7 in 7:15-cv-06767-CS, 3055 in 7:13-md-02434-CS-LMS) MOTION to Withdraw (3040 in 7:13-md-02434-CS-LMS) Response in Opposition to Motion . filed by Kymberlee Bateni. ENDORSEMENT: Application granted. 13-md-2434 Doc. 3040 and 15-cv-6767 are hereby stricken. The Clerk of Court is respectfully requested to terminate the pending motions at 13-md-2434 Doc. 3055 and 15-cv-6767 Doc. 7. So Ordered. (Signed by Judge Cathy Seibel on 3/15/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06767-CS(yv)
March 16, 2016 Filing 3082 MOTION for Annesley H. DeGaris to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Annesley DeGaris. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-00582-CS(DeGaris, Annesley)
March 16, 2016 Filing 3081 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for John Howard Robinson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12073953. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ashton Anderson. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Order for Admission Pro Hac Vice)(Robinson, John) Modified on 3/16/2016 (bcu).
March 16, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #3081 MOTION for John Howard Robinson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12073953. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Wyoming;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
March 16, 2016 ***STRICKEN DOCUMENT. Deleted document number [2978, 6] from the case record. The document was stricken from this case pursuant to (3084 in 7:13-md-02434-CS-LMS, 3084 in 7:13-md-02434-CS-LMS, 12 in 7:15-cv-06860-CS, 12 in 7:15-cv-06860-CS) Order Striking Document from Record, Terminate Motions,. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06860-CS(yv)
March 16, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (10 in 7:16-cv-00582-CS, 3082 in 7:13-md-02434-CS-LMS) MOTION for Annesley H. DeGaris to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-00582-CS(bcu)
March 16, 2016 ***STRICKEN DOCUMENT. Deleted document number 3040 from the case record. The document was stricken from this case pursuant to #3083 Order Striking Document from Record, Terminate Motions,. (yv)
March 15, 2016 Filing 3080 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-152) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Connecticut and Indiana, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 3/15/2016) (sjo)
March 14, 2016 Filing 3079 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-151) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Minnesota, Missouri and South Carolina, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 3/11/2016) (sjo)
March 10, 2016 Filing 3078 NOTICE OF APPEARANCE by Thomas Joseph Preuss on behalf of Ashley Wallace. (Preuss, Thomas)
March 9, 2016 Filing 3077 NOTICE OF CHANGE OF ADDRESS by Patricia N. Syverson on behalf of Andrea Penaflor. New Address: Bonnett Fairbourn Friedman & Balint, 600 West Broadway, Suite 900, San Diego, CA, USA 92101, 619-798-4593. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-08715-CS(Syverson, Patricia)
March 9, 2016 Filing 3074 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-150) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Massachusetts and South Carolina, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 3/9/2016) (sjo)
March 8, 2016 Filing 3098 INTERNET CITATION NOTE: Material from decision with Internet citation re: #3073 Memorandum & Opinion. (Attachments: #1 Internet Citation, #2 Internet Citation) (vf)
March 8, 2016 Opinion or Order Filing 3073 OPINION & ORDER re: (49 in 7:14-cv-00288-CS, 2688 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF RICHARD STRASSBERG, M.D. filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer Healthcare Pharmaceuticals, Inc., Bayer OY, (2694 in 7:13-md-02434-CS-LMS, 48 in 7:13-cv-06586-CS) MOTION TO EXCLUDE THE TESTIMONY OF ROGER C. YOUNG, M.D., PH.D. filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer Healthcare Pharmaceuticals, Inc., Bayer OY, (57 in 7:14-cv-00288-CS, 56 in 7:13-cv-06586-CS, 2724 in 7:13-md-02434-CS-LMS) MOTION to Preclude the Testimony of Dr. David Feigal. filed by Plaintiffs' Liaison Counsel, (52 in 7:13-cv-06586-CS, 53 in 7:14-cv-00288-CS, 2705 in 7:13-md-02434-CS-LMS) MOTION to Preclude the Testimony of Dena R. Hixon, M.D. filed by Plaintiffs' Liaison Counsel, (2697 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF APRIL ZAMBELLI-WEINER, PH.D. filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer OY, (2685 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF SUZANNE PARISIAN, M.D. filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer OY, (2679 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF JOHN JARRELL, PH.D., P.E. filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer OY, (2702 in 7:13-md-02434-CS-LMS) MOTION to Preclude certain opinions of Michelle Collins, Ph.D., and Drs. Vanessa K. Dalton, Jay Goldberg, Steven Goldstein, Geri Hewitt, Marcia C. Javitt, and Michael Policar. filed by Plaintiffs' Liaison Counsel, (2691 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF SUSAN WRAY, PH.D. filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer OY. Defendants' and Plaintiffs' motions are granted to the extent set forth above and otherwise denied. Specifically: Plaintiffs' Omnibus Motion to Exclude Defendants' Experts is DENIED. Defendants' Motion to Exclude the Testimony of Dr. Young is GRANTED. Defendants' Motion to Exclude the Testimony of Dr. Jarrell is GRANTED. Defendants' Motion to Exclude the Testimony of Dr. Wray is GRANTED. Defendants' Motion to Exclude the Testimony of Dr. Strassberg is GRANTED. Plaintiffs' Motion to Exclude the Testimony of Dr. Feigal is GRANTED IN PART and DENIED IN PART. Plaintiffs' Motion to Exclude the Testimony of Dr. Hixon is GRANTED IN PART and DENIED IN PART. Defendants' Motion to Exclude the Testimony of Dr. Parisian is GRANTED IN PART and DENIED IN PART. Defendants' Motion to Exclude the Testimony of Dr. Zambelli-Weiner is GRANTED IN PART and DENIED IN PART. The Clerk of Court is respectfully requested to terminate the pending motions (13-MD-2434 Docs. 2679, 2685, 2688, 2691, 2694, 2697, 2702, 2705 and 2724 and 13-MC-2434 Docs. 134, 140, 143, 146, 149 and 152). SO ORDERED. (Signed by Judge Cathy Seibel on 3/8/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(yv) . Modified on 3/8/2016 (yv).
March 7, 2016 Opinion or Order Filing 3076 STIPULATION EXTENDING BAYER DEFENDANTS' TIME TO ANSWER OR MOVE WITH RESPECT TO THE AMENDED COMPLAINT: It is hereby stipulated and agreed by and between the undersigned counsel for the respective parties that the Bayer defendants' time to answer or move with respect to the amended complaint is extended up and to March 15, 2016. So Ordered. (Signed by Judge Cathy Seibel on 3/7/16) (yv)
March 7, 2016 Opinion or Order Filing 3075 STIPULATION EXTENDING BAYER DEFENDANTS' TIME TO ANSWER OR MOVE WITH RESPECT TO THE AMENDED COMPLAINT: It is hereby stipulated and agreed by and between the undersigned counsel for the respective parties that the Bayer defendants' time to answer or move with respect to the amended complaint is extended up and to March 15, 2016. So Ordered. (Signed by Judge Cathy Seibel on 3/7/16) (yv)
March 7, 2016 Filing 3072 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated March 7, 2016 re: Response to Defendants' Letter re Plaintiff Danley's Deposition Designations. Document filed by Plaintiffs' Liaison Counsel.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(Kekatos, Diogenes)
March 7, 2016 Opinion or Order Filing 3071 MEMO ENDORSEMENT in case 7:13-md-02434-CS-LMS; granting (9) Letter Motion for Extension of Time to Amend in case 7:16-cv-00050-CS. ENDORSEMENT: Application granted. Plaintiff may amend her complaint as described. So Ordered. (Signed by Judge Cathy Seibel on 3/7/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-00050-CS (yv)
March 7, 2016 Opinion or Order Filing 3070 STIPULATION EXTENDING BAYER DEFENDANTS' TIME TO ANSWER OR MOVE WITH RESPECT TO THE AMENDED COMPLAINT: It is hereby stipulated and agreed by and between the undersigned counsel for the respective parties that the Bayer defendants' time to answer or move with respect to the amended complaint is extended up and to March 15, 2016. So Ordered. (Signed by Judge Cathy Seibel on 3/7/16) (yv)
March 7, 2016 Opinion or Order Filing 3069 STIPULATION EXTENDING BAYER DEFENDANTS' TIME TO ANSWER OR MOVE WITH RESPECT TO THE AMENDED COMPLAINT: It is hereby stipulated and agreed by and between the undersigned counsel for the respective parties that the Bayer defendants' time to answer or move with respect to the amended complaint is extended up and to March 15, 2016. So Ordered. (Signed by Judge Cathy Seibel on 3/7/16) (yv)
March 7, 2016 Filing 3068 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated March 7, 2016 re: Danley Deposition Designations. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc., Bayer OY, Bayer Pharma AG.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(Cook, Shayna)
March 4, 2016 Filing 3067 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated March 4, 2016 re: Defendants' SDP Trial Selections. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
March 4, 2016 Filing 3066 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated March 4, 2016 re: SDP Trial Selections. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
March 3, 2016 Opinion or Order Filing 3065 ENDORSED LETTER addressed to Judge Cathy Seibel from Jack Landskroner dated 3/1/16 re: withdrawing as counsel of record for Plaintiff and to request removal from the service list. ENDORSEMENT: The Clerk will please terminate Mr. Landskroner as counsel for Plaintiff in 16-cv-1334 and 13-md-2434. So Ordered., (Attorney Jack Landskroner terminated.) (Signed by Judge Cathy Seibel on 3/2/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01334-CS(yv)
March 3, 2016 Opinion or Order Filing 3064 MEMO ENDORSEMENT granting (2997) Motion to Vacate in case 7:13-md-02434-CS-LMS. ENDORSEMENT: Application granted. The Clerk of Court is respectfully requested to vacate the order dismissing the above-captioned case without prejudice (13-md-2434 Doc. 2925; 15-cv-5901 Doc. 12) with respect to Plaintiff Viktoriya Tymoshchuk and to reopen Plaintiff's case. The Clerk of Court is also respectfully directed to terminate the pending motion at 13-md-2434 Doc. 2997. So Ordered. (Signed by Judge Cathy Seibel on 3/3/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-05901-CS (yv)
March 3, 2016 Opinion or Order Filing 3063 MEMO ENDORSEMENT in case 7:13-md-02434-CS-LMS; granting (11) Motion to Vacate in case 7:15-cv-06676-CS. ENDORSEMENT: Application granted. The Clerk of Court is respectfully requested to vacate the order dismissing the above-captioned case without prejudice (13-md-2434 Doc. 2923; 15-cv-6676 Doc. 10) with respect to Plaintiff Dianne Avalos and to reinstate Plaintiff's case. The Clerk of Court is also respectfully directed to terminate the pending motion at 15-cv-6676 Doc. 11. So Ordered. (Signed by Judge Cathy Seibel on 3/3/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06676-CS (yv)
March 3, 2016 Opinion or Order Filing 3062 MEMO ENDORSEMENT granting (3002) Motion to Vacate in case 7:13-md-02434-CS-LMS; granting (10) Motion to Vacate in case 7:15-cv-06679-CS. ENDORSEMENT: Application granted. The Clerk of Court is respectfully requested to Vacate the Order dismissing the above-captioned case without prejudice (13-md-2434 Doc. 2923; 15-cv-6679 Doc. 10) with respect to Plaintiff Monique Lucero and to reinstate Plaintiff's case. The Clerk of Court is also respectfully directed to terminate the pending motions at 13-md-2434 Doc. 3002; 15-cv-6679 Doc. 10. So Ordered. (Signed by Judge Cathy Seibel on 3/3/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06679-CS (yv) Modified on 3/16/2016 (yv).
March 2, 2016 Filing 3061 MOTION to Withdraw (2978 in 7:13-md-02434-CS-LMS, 6 in 7:15-cv-06860-CS) Response in Opposition to Motion, . Document filed by Sherry Lopez De Ricci. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06860-CS(Saba, Ryan)
March 2, 2016 Filing 3060 NOTICE of Errata re: (3057 in 7:13-md-02434-CS-LMS, 8 in 7:15-cv-06860-CS) MOTION to Withdraw (2978 in 7:13-md-02434-CS-LMS, 6 in 7:15-cv-06860-CS) Response in Opposition to Motion, .. Document filed by Sherry Lopez De Ricci. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06860-CS(Saba, Ryan)
March 2, 2016 Filing 3059 MOTION to Vacate (5 in 7:15-cv-06790-CS, 2809 in 7:13-md-02434-CS-LMS) Order on Motion to Dismiss,,, . Document filed by Amanda Ferguson. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06790-CS(Saba, Ryan)
March 2, 2016 Filing 3058 MOTION to Vacate (5 in 7:15-cv-06860-CS, 2809 in 7:13-md-02434-CS-LMS) Order on Motion to Dismiss,,, . Document filed by Sherry Lopez De Ricci. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06860-CS(Saba, Ryan)
March 2, 2016 Filing 3057 MOTION to Withdraw (2978 in 7:13-md-02434-CS-LMS, 6 in 7:15-cv-06860-CS) Response in Opposition to Motion, . Document filed by Sherry Lopez De Ricci. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06860-CS(Saba, Ryan) Modified on 4/6/2016 (sjo).
March 2, 2016 Filing 3056 MOTION to Vacate (2809 in 7:13-md-02434-CS-LMS, 5 in 7:15-cv-06767-CS) Order on Motion to Dismiss,,, . Document filed by Kymberlee Bateni. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06767-CS(Saba, Ryan)
March 2, 2016 Filing 3055 MOTION to Withdraw (3040 in 7:13-md-02434-CS-LMS) Response in Opposition to Motion . Document filed by Kymberlee Bateni. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06767-CS(Saba, Ryan)
March 2, 2016 Opinion or Order Filing 3054 ORDER granting #3032 Motion for Michael X. Imbroscio to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
March 1, 2016 Opinion or Order Filing 3053 ORDER granting (2972) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Order No. 7 (CMO 7), Defendants' Motion to Dismiss with Prejudice, (Doc. 2972), is hereby GRANTED as to the Plaintiffs as further set forth in this Order. The Clerk of Court is respectfully requested to spread this Order to the cases in the caption, terminate the pending Motion, (Doc. 2972), and close the cases as further set forth in this Order. An entry of judgment is not required. So Ordered. (Signed by Judge Cathy Seibel on 3/1/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (yv)
March 1, 2016 Opinion or Order Filing 3052 NOTICE AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a), Plaintiffs, Marie Grande and Shawn Grande, hereby dismiss the above-captioned case with prejudice as to all defendants. Each party is to bear its own costs and attorneys' fees. So Ordered. (Signed by Judge Cathy Seibel on 3/1/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-09824-CS(yv)
March 1, 2016 Opinion or Order Filing 3051 ORDER granting (2973) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Order No. 7 (CMO 7), Defendants' Motion to Dismiss without Prejudice, (Doc. 2973), is hereby GRANTED as to the Plaintiff as further set forth in this Order. As outlined in CMO 7, the Plaintiff as further set forth in this Order has 90 days following the entry of this Order to serve Defendants with a completed Plaintiff Fact Sheet or move to vacate the dismissal without prejudice. If Plaintiff has not taken either of the above steps within 90 days, this Order may be converted into a Dismissal with Prejudice upon Defendants' motion. The Clerk of Court is instructed to spread this Order to the case in the caption and as further set forth in this Order and terminate Defendants' Motion, (Doc. 2973). So Ordered. (Signed by Judge Cathy Seibel on 3/1/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-07246-CS (yv)
March 1, 2016 Opinion or Order Filing 3050 ORDER re: (2974 in 7:13-md-02434-CS-LMS) SIXTH MOTION to Dismiss With Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria. filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer OY. Pursuant to Case Management Orders (CMO) 7 and 7A, Defendants' Motion to Dismiss with Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria, (Doc. 2974), is hereby GRANTED as to the Plaintiff as further set forth in this Order. The Clerk of Court is respectfully instructed to spread this Order to the case in the caption, terminate the pending Motion, (Doc. 2974), and close the case as further set forth in this Order. An entry of judgment is not required. So Ordered. (Signed by Judge Cathy Seibel on 3/1/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-05702-CS(yv)
March 1, 2016 Opinion or Order Filing 3049 MEMO ENDORSEMENT on PLAINTIFFS MISTY LONG AND JOHN-PAUL LONG'S RESPONSE TO BAYER'S SIXTH MOTION TO DISMISS WITH PREJUDICE FOR FAILURE TO SUBMIT A PLAINTIFF FACT SHEET CONTAINING ALL CORE CRITERIA denying (2974) Motion to Dismiss in case 7:13-md-02434-CS-LMS. ENDORSEMENT: Application granted. Based on the above, Defendants' motion to dismiss (13-md-2434 Doc. 2974) is denied with respect to the above-captioned plaintiffs. The Clerk of Court is respectfully requested to vacate the Order (13-md-2434 Doc. 2612; 14-cv-9034 Doc. 16) with respect to the above-captioned Plaintiffs. So Ordered (Signed by Judge Cathy Seibel on 3/1/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-09034-CS (yv)
March 1, 2016 Filing 3048 LETTER addressed to Judge Cathy Seibel from William P. Harrington dated March 1, 2016 re: Proposed Orders on Bayer's Motions to Dismiss (Docs. 2972, 2973, 2974). Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order, #3 Text of Proposed Order)(Harrington, William)
March 1, 2016 Filing 3047 NINTH MOTION to Dismiss Without Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Harrington, William)
March 1, 2016 Filing 3046 MOTION to Dismiss No. 17, With Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Harrington, William)
March 1, 2016 Filing 3045 MOTION to Dismiss No. 25- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A)(Harrington, William)
March 1, 2016 Filing 3044 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Leave to Appear ., MOTION for Annesley H. DeGaris to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Annesley DeGaris. (Attachments: #1 Text of Proposed Order Proposed Order for Motion to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing Supreme Court of Alabama)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-00582-CS(DeGaris, Annesley) Modified on 3/1/2016 (wb).
March 1, 2016 Filing 3043 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated March 1, 2016 re: Second Disposition Pool. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
March 1, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #3032 AMENDED MOTION for Michael X. Imbroscio to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 1, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (9 in 7:16-cv-00582-CS, 9 in 7:16-cv-00582-CS, 3044 in 7:13-md-02434-CS-LMS, 3044 in 7:13-md-02434-CS-LMS) AMENDED MOTION for Leave to Appear . MOTION for Annesley H. DeGaris to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the wrong event type was used to file the motion;. Re-file the motion using the event type Motion to Appear Pro Hac Vice found under the event list Motions - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-00582-CS(wb)
February 29, 2016 Filing 3042 REPLY to Response to Motion re: (2713 in 7:13-md-02434-CS-LMS) MOTION to Dismiss No. 22- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. re: Bateni v. Bayer, 15-cv-06767. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06767-CS(Harrington, William)
February 29, 2016 Filing 3041 REPLY to Response to Motion re: (2713 in 7:13-md-02434-CS-LMS) MOTION to Dismiss No. 22- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. re: Lopez De Ricci v. Bayer, 15-cv-06860. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06860-CS(Harrington, William)
February 26, 2016 Filing 3040 ***STRICKEN DOCUMENT. Deleted document number 3040 from the case record. The document was stricken from this case pursuant to #3083 Order Striking Document from Record, Terminate Motions,. RESPONSE in Opposition to Motion re: #2713 MOTION to Dismiss No. 22- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. . Document filed by Kymberlee Bateni. (Saba, Ryan) Modified on 3/16/2016 (yv).
February 26, 2016 Filing 3039 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-149) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Florida and Missouri, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 2/25/2016) (sjo)
February 26, 2016 Opinion or Order Filing 3038 NOTICE AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41 (a), Plaintiffs, Julie Cantor Miller and Jonathan Miller, hereby dismiss the above-captioned case with prejudice as to all defendants. Each party is to bear its own costs and attorneys' fees. So Ordered. (Signed by Judge Cathy Seibel on 2/26/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-01168-CS(yv) Modified on 3/7/2016 (yv).
February 26, 2016 Filing 3037 RESPONSE in Opposition to Motion re: (2973 in 7:13-md-02434-CS-LMS) MOTION to Dismiss No. 24- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. . Document filed by Amanda Richert. (Attachments: #1 Exhibit 1 - Affidavit of Service PFS and Certified Mailing)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-07578-CS(Johnson, Michael)
February 25, 2016 Filing 3035 JOINT PRELIMINARY TRIAL REPORT. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
February 25, 2016 Opinion or Order Filing 3034 ORDER granting #3031 Motion for Paul. W. Schmidt to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
February 25, 2016 Filing 3032 AMENDED MOTION for Michael X. Imbroscio to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bayer Healthcare Pharmaceuticals Inc.,. (Attachments: #1 Exhibit Order for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing)(Imbroscio, Michael) Modified on 2/25/2016 (sdi). Modified on 2/26/2016 (sdi).
February 25, 2016 Filing 3031 AMENDED MOTION for Paul. W. Schmidt to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bayer Healthcare Pharmaceuticals Inc.,. (Attachments: #1 Exhibit Order for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing)(Schmidt, Paul)
February 25, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #3031 AMENDED MOTION for Paul. W. Schmidt to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
February 25, 2016 Pro Hac Vice Fee Payment: for #3032 AMENDED MOTION for Michael X. Imbroscio to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number 0208-11998256.(Imbroscio, Michael)
February 24, 2016 Filing 3036 LETTER addressed to Judge Cathy Seibel from C. Andrew Childers dated 2/23/16 re: review of the CMOs entered in MDL 2434 and compliance with said Orders. Document filed by Jennifer Danley.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(yv) Modified on 2/26/2016 (yv).
February 24, 2016 Opinion or Order Filing 3033 NOTICE AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a), Plaintiff, Renee Cooley, hereby dismisses the above-captioned case with prejudice as to all defendants. Each party is to bear its own costs and attorneys' fees. So Ordered. (Signed by Judge Cathy Seibel on 2/24/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-04893-CS(yv)
February 24, 2016 Filing 3030 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. Document filed by Julie Cantor Miller, Jonathan Miller. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-01168-CS(McCauley, Matthew)
February 23, 2016 Filing 3029 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Bayer Healthcare Pharmaceutical Inc, Bayer OY, Bayer Pharma AG. Document filed by Renee Cooley. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-04893-CS(McCauley, Matthew)
February 23, 2016 Opinion or Order Filing 3028 MEMO ENDORSEMENT on re: (3025 in 7:13-md-02434-CS-LMS) Letter filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer OY. ENDORSEMENT: Based on the parties' submissions, it seems that Mr. McCauley (inadvertently or not) violated CMO 21 in his ex parte conversation with Dr. Archibald. It is hard to imagine what other conclusion can be drawn from Dr. Archibald's testimony that her understanding, based on conversation with Mr. McCauley, is that the "premise" of Plaintiff Miller's case is that the Mirena migrated after insertion and that the Mirena literature does not include that possibility as a risk. While it is fair game for Plaintiff's counsel to discuss the doctor's treatment of the Plaintiff, the doctor's views (if any) regarding when her patient's perforation or migration occurred, and her understanding of the Mirena warnings, it is not fair game to let the doctor know in advance that Plaintiff's counsel is taking the position in court that the patient suffered a post- insertion injury about which Defendant failed to warn. I do not believe, however, that there is a pattern of "woodshedding" violations that would justify requiring the requested certification from all counsel in the SDP, Hayes and Danley cases. I did not find that Mr. Childers violated CMO 21's "woodshedding" provision, and so widespread relief seems premature. I will, however, require that all Plaintiffs' counsel in the Miller case provide the requested certification as to Miller and, if they are counsel in Hayes, Danley or any SDP case, as to those cases as well. The certification shall be provided to Defendants' counsel by February 28, 2016. The Plaintiffs' leadership is directed to alert all Plaintiffs' counsel to the possibility that discovery of additional violations may result in the striking of cases from the IDP or SDP and/or modification of CMO 21. The Clerk of Court is respectfully directed to docket this endorsement in 13-CV-1168, 13-MD-2434, and 13-MC-2434. So Ordered. (Signed by Judge Cathy Seibel on 2/23/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-01168-CS(yv)
February 22, 2016 Filing 3027 LETTER addressed to Judge Cathy Seibel from Matthew J. McCauley dated February 22, 2016 re: Response to Bayer's Letter regarding Order No. 21. Document filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2. Confidential)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-01168-CS(Kekatos, Diogenes)
February 22, 2016 Filing 3026 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Annesley H. DeGaris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11980632. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Annesley DeGaris. (Attachments: #1 Exhibit Order for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-00582-CS(DeGaris, Annesley) Modified on 2/22/2016 (bcu).
February 22, 2016 Filing 3025 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated February 22, 2016 re: Violation of CMO 21. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A)(Cook, Shayna)
February 22, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (8 in 7:16-cv-00582-CS, 3026 in 7:13-md-02434-CS-LMS) MOTION for Annesley H. DeGaris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11980632. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Alabama;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-00582-CS(bcu)
February 19, 2016 Filing 3024 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-148) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Louisiana, Minnesota and Utah, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 2/19/2016) (sjo)
February 19, 2016 Filing 3023 MOTION for Rachel A. Sternlieb to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brett A Pike, Sheri Michelle Pike. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01144-CS(Sternlieb, Rachel) Modified on 4/6/2016 (sjo).
February 19, 2016 Opinion or Order Filing 3022 ORDER granting (3020) Motion for Irving J. Warshauer to Appear Pro Hac Vice in case 7:13-md-02434-CS-LMS (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01144-CS (Seibel, Cathy)
February 19, 2016 Filing 3021 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Rachel A. Sternlieb to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11974476. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brett A Pike, Sheri Michelle Pike. (Attachments: #1 Exhibit Louisiana Certificate of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01144-CS(Sternlieb, Rachel) Modified on 2/19/2016 (sdi).
February 19, 2016 Filing 3020 MOTION for Irving J. Warshauer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11974179. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brett A Pike, Sheri Michelle Pike. (Attachments: #1 Exhibit Louisiana Certificate of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01144-CS(Warshauer, Irving)
February 19, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (8 in 7:16-cv-01144-CS, 3020 in 7:13-md-02434-CS-LMS) MOTION for Irving J. Warshauer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11974179. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:16-cv-01144-CS(wb)
February 19, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice Document No. 3021 belonging to case 14cv1144 that was incorrectly filed on 2/19/2016 in case 16cv1144 and assigned payment receipt number 0208-11974476. The filing is deficient for the following reason(s): the motion was filed in the wrong case... (sdi)
February 18, 2016 Opinion or Order Filing 3019 ORDER granting #2965 Motion for Sonila Themeli to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
February 18, 2016 Opinion or Order Filing 3018 ORDER granting #2961 Motion for Kenneth F. Baum to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
February 17, 2016 Opinion or Order Filing 3017 NOTICE AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a) and the attached Authorization to Dismiss (Exh. "A"), Plaintiffs, Melissa Vinson and Robert Vinson, hereby dismiss the above-captioned case with prejudice as to all defendants. Each party is to bear its own costs and attorney's fees. The Clerk of Court is respectfully requested to terminate all pending motions in the above-captioned case as well as the pending motion at Doc. 2886, 13-MD-2434. So Ordered. Motions terminated: (43 in 7:13-cv-09253-CS) MOTION for Carmen S. Scott to Withdraw as Attorney and Motley Rice LLC; Climaco, Wilcox, Peca, Tarantino & Garofoli, Co., L.P.A.; Neblett Beard & Arsenault; and Parker Waichman LLP. filed by Melissa Vinson, Robert Vinson, (42 in 7:13-cv-09253-CS) MOTION to Dismiss Plaintiff Vinson Per CMO 22A. filed by Bayer Healthcare Pharmaceuticals Inc, (2886 in 7:13-md-02434-CS-LMS) MOTION to Dismiss Plaintiff Vinson Per CMO 22A. filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer OY, (45 in 7:13-cv-09253-CS) MOTION for Order to Show Cause . filed by Melissa Vinson, Robert Vinson. (Signed by Judge Cathy Seibel on 2/17/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-09253-CS(yv)
February 17, 2016 Filing 3016 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-147) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, colorado, minnesota, misissippi and New Jersey, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 2/17/2016) (sjo)
February 16, 2016 Opinion or Order Filing 3015 ORDER granting #3013 Motion for Lyn P. Pruitt to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
February 16, 2016 Opinion or Order Filing 3014 ENDORSED LETTER addressed to Judge Cathy Seibel from Jeffrey Goodman dated 2/16/16 re: Change of Email for MDL Notifications. ENDORSEMENT: Application Granted. The Clerk of Court is respectfully requested to effectuate the above request. So Ordered. (Signed by Judge Cathy Seibel on 2/16/16) (yv)
February 16, 2016 Filing 3013 MOTION for Lyn P. Pruitt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11956114. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bayer Healthcare Pharmaceuticals Inc.,. (Attachments: #1 Exhibit Certificate of Good Standing for Caryl Lyn Pruitt, #2 Exhibit Proposed Order for Admission Pro Hac Vice)(Pruitt, Caryl)
February 16, 2016 Opinion or Order Filing 3012 ORDER granting #3007 Motion for Brian J. Holmes to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
February 16, 2016 Opinion or Order Filing 3011 ORDER: Plaintiffs' claims are DISMISSED WITH PREJUDICE. The Clerk of Court is respectfully requested to spread this Order to and close the member cases in the caption. The Clerk of Court is further requested to terminate all pending motions in the member cases in the caption, and to terminate the pending motions at 13-MD-2434, Docs. 2859, 2861, 2862, 2863, 2865, 2866, 2867, 2869, 2870, 2872, 2874, 2876, 2879, 2880, 2881, 2882. Entries of judgment are not required. SO ORDERED. (Signed by Judge Cathy Seibel on 2/16/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al.(yv)
February 16, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #3013 MOTION for Lyn P. Pruitt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11956114. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
February 16, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #3007 MOTION for Brian J. Holmes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11948490. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
February 12, 2016 Filing 3010 AMENDED LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated February 12, 2016 re: Status of Letter Motions filed under CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Cook, Shayna)
February 12, 2016 Filing 3009 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants. Document filed by Melissa Vinson, Robert Vinson. (Attachments: #1 Exhibit A - Auth to Dismiss)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-09253-CS(Scott, Carmen)
February 12, 2016 Filing 3008 NOTICE of Withdrawal of Filing re: (2979 in 7:13-md-02434-CS-LMS) MOTION for Order to Show Cause .. Document filed by Melissa Vinson, Robert Vinson. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-09253-CS(Scott, Carmen)
February 11, 2016 Filing 3007 MOTION for Brian J. Holmes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11948490. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nicole Nelson. (Attachments: #1 Text of Proposed Order)(Holmes, Brian)
February 11, 2016 Filing 3006 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated February 11, 2016 re: Status of defendants' letter motions filed under CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Harrington, William)
February 11, 2016 Filing 3005 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated February 11, 2016 re: Reply in Support of Motion to Dismiss Under CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc, Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-09253-CS(Harrington, William)
February 11, 2016 Filing 3004 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated February 11, 2016 re: Reply in Support of Motion to Dismiss Under CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc..Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00980-CS(Harrington, William)
February 11, 2016 Filing 3003 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL(CTO-146) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Florida, Kansas, Missouri, New Jersey and Ohio, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 2/11/2016) (sjo)
February 10, 2016 Filing 3002 MOTION to Vacate (2923 in 7:13-md-02434-CS-LMS) Order on Motion to Dismiss,,, without Prejudice for Failure to Submit Plaintiff Fact Sheet. Document filed by Monique Lucero. (Attachments: #1 Exhibit 1 - PFS Affidavit of Service)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06679-CS(Johnson, Michael)
February 10, 2016 Filing 3000 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Florida, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 2/3/2016) (sjo)
February 9, 2016 Opinion or Order Filing 3001 ORDER granting (2953) Motion to Withdraw in case 7:13-md-02434-CS-LMS; granting (9) Motion to Withdraw in case 7:15-cv-04114-CS. IT IS HEREBY ORDERED that James D. Barger, Neil D. Overholtz, Nathan C. Bess and Aylstock, Witkin, Kreis & Overholtz, PLLC, are withdrawn as Plaintiff's attorneys of record. (Signed by Judge Cathy Seibel on 2/9/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-04114-CS (yv) Modified on 2/24/2016 (yv).
February 9, 2016 Opinion or Order Filing 2999 ORDER granting #2998 Motion for Benjamin Walther to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
February 9, 2016 Filing 2998 MOTION for Benjamin Walther to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11935998. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Walther, Benjamin)
February 9, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #2998 MOTION for Benjamin Walther to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11935998. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 8, 2016 Filing 2997 MOTION to Vacate #2925 Order on Motion to Dismiss,,,, . Document filed by Viktoriya Tymoshchuk. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Vacate)(Bruera, Sofia)
February 8, 2016 Filing 2996 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated February 8, 2016 re: Second Disposition Pool. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
February 8, 2016 Filing 2995 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated February 8, 2016 re: Foreign Bayer Defendants. Document filed by Plaintiffs' Liaison Counsel.(Kekatos, Diogenes)
February 8, 2016 Filing 2994 LETTER addressed to Judge Cathy Seibel from C. Andrew Childers dated February 8, 2016 re: Response to Bayer's February 4, 2016 Letter. Document filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(Kekatos, Diogenes)
February 8, 2016 Filing 2993 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-145) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California and New Jersey, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 2/5/2016) (sjo)
February 5, 2016 Filing 2992 DECLARATION of Christopher J. Cook in Support re: (61 in 7:13-cv-06586-CS) MOTION for Summary Judgment ., (2756 in 7:13-md-02434-CS-LMS) MOTION for Summary Judgment .. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 55, #2 Exhibit 56, #3 Exhibit 57, #4 Exhibit 58, #5 Exhibit 59, #6 Exhibit 60)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(Harrington, William)
February 5, 2016 Filing 2991 AMENDED REPLY MEMORANDUM OF LAW in Support re: (61 in 7:13-cv-06586-CS) MOTION for Summary Judgment ., (2756 in 7:13-md-02434-CS-LMS) MOTION for Summary Judgment . re: Danley v. Bayer, 13-cv-06586. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(Harrington, William)
February 5, 2016 Opinion or Order Filing 2990 ORDER granting #2988 Motion for Timothy R. Holton to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
February 5, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #2988 MOTION for Timothy R. Holton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11920761. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
February 4, 2016 Filing 2989 MOTION to Vacate #2923 Order on Motion to Dismiss,,, without Prejudice for Failure to Submit Plaintiff Fact Sheet. Document filed by Dianne Avalos. (Attachments: #1 Exhibit 1 - PFS Affidavit of Service)(Johnson, Michael) Modified on 3/15/2016 (sjo).
February 4, 2016 Filing 2988 MOTION for Timothy R. Holton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11920761. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Morgan VanZile. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)(Holton, Timothy)
February 4, 2016 Filing 2987 REPLY to Response to Motion re: (2713 in 7:13-md-02434-CS-LMS) MOTION to Dismiss No. 22- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. re: Holmes v. Bayer, 15-cv-06793. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06793-CS(Harrington, William)
February 4, 2016 Opinion or Order Filing 2986 ORDER granting (2984) Motion for Jeffrey L. Goodman to Appear Pro Hac Vice in case 7:13-md-02434-CS-LMS (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-08070-CS (Seibel, Cathy)
February 4, 2016 Filing 2985 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated February 4, 2016 re: Lee Deposition. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit Filed Under Seal, #2 Exhibit Filed Under Seal, #3 Exhibit Jan. 25, 2016 RFPs to Danley, #4 Exhibit Filed Under Seal)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(Cook, Shayna)
February 4, 2016 Filing 2984 FIRST MOTION for Jeffrey L. Goodman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11917960. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Shelly Allison. (Attachments: #1 Text of Proposed Order, #2 Exhibit Illinois, #3 Exhibit Iowa, #4 Exhibit Kansas, #5 Exhibit Minnesota, #6 Exhibit Missouri, #7 Exhibit Nebraska, #8 Exhibit Wisconsin)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-08070-CS(Goodman, Jeffrey)
February 4, 2016 Opinion or Order Filing 2983 ORDER granting (2921) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Order No. 7 (CMO 7), Defendants' Motion to Dismiss with Prejudice, (Doc. 2921), is hereby GRANTED as to the Plaintiffs as further set forth in this Order. The Clerk of Court is respectfully requested to spread this Order to the cases in the caption, terminate the pending Motion, (Doc. 2921), and close the cases as further set forth in this Order. An entry of judgment is not required. So Ordered. (Signed by Judge Cathy Seibel on 2/4/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-00901-CS, 7:15-cv-01164-CS, 7:15-cv-01711-CS, 7:15-cv-01723-CS (yv)
February 4, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (2984 in 7:13-md-02434-CS-LMS, 10 in 7:15-cv-08070-CS) FIRST MOTION for Jeffrey L. Goodman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11917960. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-08070-CS(sdi)
February 3, 2016 Opinion or Order Filing 2982 ORDER TO SHOW CAUSE: It is ORDERED that Plaintiffs' Counsels' Firms serve Plaintiffs Melissa Vinson and Robert Vinson with a copy of this Order and its attachment on or before 2/10/16. IT IS FURTHER ORDERED that Plaintiffs Melissa Vinson and Robert Vinson SHOW CAUSE on March 8, 2016 at 3:oo p.m., via telephone or in person at Room 621, 300 Quarropas Street, White Plains, NY 10601, why Plaintiffs' Counsels' Motion to Withdraw as Counsel should not be granted. Any opposing papers shall be filed by Plaintiffs on or before March 1, 216. (Show Cause Response due by 3/1/2016.) So Ordered. (Signed by Judge Cathy Seibel on 2/3/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-09253-CS(yv)
February 3, 2016 Opinion or Order Filing 2981 MEMO ENDORSEMENT on ORDER GRANTING PLAINTIFF'S MOTION TO REINSTATE HER COMPLAINT 18 Motion to Reopen re: #1 Complaint. The Motion to Reinstate Plaintiff Megean Bauer's Complaint is GRANTED. IT IS SO ORDERED. (Signed by Judge Cathy Seibel on 2/3/16) (yv)
February 3, 2016 Filing 2980 LETTER addressed to Judge Cathy Seibel from William P. Harrington dated February 3, 2016 re: Proposed Order on Bayer's Motion to Dismiss (Doc. 2921). Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Text of Proposed Order)(Harrington, William)
February 2, 2016 Filing 2979 MOTION for Order to Show Cause . Document filed by Melissa Vinson, Robert Vinson. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-09253-CS(Scott, Carmen) Modified on 4/6/2016 (sjo).
February 1, 2016 Filing 2978 ***STRICKEN DOCUMENT. Deleted document number [2978, 6] from the case record. The document was stricken from this case pursuant to (3084 in 7:13-md-02434-CS-LMS, 3084 in 7:13-md-02434-CS-LMS, 12 in 7:15-cv-06860-CS, 12 in 7:15-cv-06860-CS) Order Striking Document from Record, Terminate Motions,. RESPONSE in Opposition to Motion re: (2713 in 7:13-md-02434-CS-LMS) MOTION to Dismiss No. 22- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. . Document filed by Sherry Lopez De Ricci. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06860-CS(Saba, Ryan) Modified on 3/16/2016 (yv).
February 1, 2016 Filing 2977 RESPONSE in Opposition to Motion re: (2713 in 7:13-md-02434-CS-LMS) MOTION to Dismiss No. 22- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. . Document filed by Deshaaron Holmes. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06793-CS(Saba, Ryan)
February 1, 2016 Filing 2976 RESPONSE in Opposition to Motion re: (2974 in 7:13-md-02434-CS-LMS) SIXTH MOTION to Dismiss With Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria. . Document filed by John-Paul Long, Misty Long. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-09034-CS(Oliver, Alyson)
February 1, 2016 Pro Hac Vice Fee Refunded: for #2826 MOTION for Larry D. Helvey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11729653. Motion and supporting papers to be reviewed by Clerk's Office staff., #2950 MOTION for Larry D. Helvey to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee refunded for Receipt number 0208-11729653, for the following reason(s): DUPLICATE PAYMENT. (dig)
January 29, 2016 Filing 2975 LETTER addressed to Judge Cathy Seibel from Gerard Ryan dated 1/29/2016 re: Response to Defendants' Motion to Dismiss Pursuant to CMO 22A. Document filed by Melissa Vinson.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-09253-CS(Ryan, Gerard)
January 29, 2016 Filing 2974 SIXTH MOTION to Dismiss With Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Harrington, William)
January 29, 2016 Filing 2973 MOTION to Dismiss No. 24- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A)(Harrington, William)
January 29, 2016 Filing 2972 MOTION to Dismiss No. 16, With Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Harrington, William)
January 29, 2016 Filing 2971 MOTION for Carmen S. Scott to Withdraw as Attorney and Motley Rice LLC; Climaco, Wilcox, Peca, Tarantino & Garofoli, Co., L.P.A.; Neblett Beard & Arsenault; and Parker Waichman LLP. Document filed by Melissa Vinson, Robert Vinson. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-09253-CS(Scott, Carmen) Modified on 4/6/2016 (sjo).
January 29, 2016 Filing 2970 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated January 29, 2016 re: Reply in Support of Motion to Dismiss Under CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-03833-CS(Harrington, William)
January 29, 2016 Filing 2969 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-144) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, Louisiana and Minnesota, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 1/27/2016) (sjo)
January 29, 2016 Filing 2968 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated January 29, 2016 re: Reply in Support of Motion to Dismiss Under CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc..Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-03830-CS(Harrington, William)
January 28, 2016 Opinion or Order Filing 2967 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff JENNIFER KING ("Plaintiff') and her counsel hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against Defendants BAYER HEALTHCARE PHARMACEUTICALS, INC., BAYER OY, and BAYER PHARMA AG ("Defendants"). Each party shall bear their own costs and attorney fees. The Clerk of Court is respectfully requested to dismiss the case against all defendants. So Ordered. (Signed by Judge Cathy Seibel on 1/28/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-07310-CS(yv)
January 28, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #2961 AMENDED MOTION for Kenneth F. Baum to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
January 27, 2016 Opinion or Order Filing 2966 ORDER granting #2964 Motion for Robert R Luke to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
January 27, 2016 Filing 2965 MOTION for Sonila Themeli to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11883591. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Themeli, Sonila)
January 27, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #2965 MOTION for Sonila Themeli to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11883591. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
January 27, 2016 Pro Hac Vice Fee Payment: for #2964 AMENDED MOTION for Robert R Luke to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number 0208-11883031.(Luke, Robert)
January 27, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #2964 AMENDED MOTION for Robert R Luke to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
January 26, 2016 Filing 2964 AMENDED MOTION for Robert R Luke to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dena Simons. (Attachments: #1 Exhibit Supreme Court of Texas letter of Good Standings, #2 Text of Proposed Order Proposed Order)(Luke, Robert) Modified on 1/27/2016 (sdi). Modified on 1/27/2016 (bcu).
January 26, 2016 Opinion or Order Filing 2963 NOTICE OF PARTIAL DISMISSAL: Comes now Plaintiff, Carlotta Campbell, by her undersigned counsel, and hereby moves to voluntarily dismiss her cause of action and only her cause of action, without prejudice against Defendants, pursuant to Rule 41 (a)(1) with each party to bear their own costs and leaving Jennifer Miller's claim and those of the other plaintiffs originally filed in the same case pending with the Court. So Ordered. (Signed by Judge Cathy Seibel on 1/26/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-09619-CS(yv)
January 26, 2016 Opinion or Order Filing 2962 NOTICE OF PARTIAL DISMISSAL: Comes now Plaintiff, Valerie Anderson, by her undersigned counsel, and hereby moves to voluntarily dismiss her cause of action and only her cause of action, without prejudice against Defendant's, pursuant to Rule 41(a)(1) with each party to bear their own costs and leaving Jennifer Miller's claim and those of the other plaintiffs originally filed in the same case pending with the Court. So Ordered. (Signed by Judge Cathy Seibel on 1/26/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-09619-CS(yv)
January 25, 2016 Filing 2961 AMENDED MOTION for Kenneth F. Baum to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Baum, Kenneth)
January 25, 2016 Filing 2960 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL(CTO-143) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Illinois, Minnesota, New Jersey and South Carolina, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 1/20/2016) (sjo)
January 21, 2016 Filing 2959 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated January 21, 2016 re: Reply in Support of Motion to Dismiss Under CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-01479-CS(Harrington, William)
January 21, 2016 Opinion or Order Filing 2958 ORDER TO SHOW CAUSE: It is ORDERED that Plaintiff's Counsel's Firm serve Plaintiff Savannah M. Woodruff with a copy of this Order and its attachment on or before January 26, 2016. IT IS FURTHER ORDERED that Plaintiff Savannah M. Woodruff SHOW CAUSE on February 9, 2016 at 3:00 p.m., via telephone or in person at Room 621, 300 Quarropas Street, White Plains, NY 10601, why Plaintiff Counsel's Motion to Withdraw as Counsel should not be granted. Any opposing papers shall be filed by Plaintiff on or before February 2, 2016. So Ordered. (Show Cause Hearing set for 2/9/2016 at 03:00 PM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. Show Cause Response due by 2/2/2016.) (Signed by Judge Cathy Seibel on 1/21/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-04114-CS(yv)
January 21, 2016 Opinion or Order Filing 2957 ORDER granting #2952 Motion for Allyson D. Miller to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
January 21, 2016 Opinion or Order Filing 2956 ORDER granting #2950 Motion for Larry D. Helvey to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
January 21, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #2950 MOTION for Larry D. Helvey to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
January 21, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #2952 MOTION for Allyson D. Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11859579. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
January 21, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #2954 MOTION for Kenneth F. Baum to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11859698. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi)
January 20, 2016 Filing 2955 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) Bayer Healthcare Pharmaceuticals, Inc. and WITHOUT costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Kimberly J Maness.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-04020-CS(Overholtz, Neil)
January 20, 2016 Filing 2954 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kenneth F. Baum to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11859698. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Baum, Kenneth) Modified on 1/21/2016 (sdi).
January 20, 2016 Filing 2953 MOTION to Withdraw as Counsel. Document filed by Savannah M. Woodruff. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-04114-CS(Overholtz, Neil)
January 20, 2016 Filing 2952 MOTION for Allyson D. Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11859579. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Miller, Allyson)
January 20, 2016 Opinion or Order Filing 2951 ORDER NO. 29 (Pretrial Scheduling Order): 1. This Order shall apply to the first case selected for trial in 13-MD-2434. 2. The Courts individual practices regarding Joint Pretrial Orders shall apply unless expressly altered by this Order. The Joint Pretrial Order shall be filed on February 25, 2016. 3. With respect to deposition designations: a. On February 25, 2016, the parties shall exchange deposition designations to be offered in the party's case in chief. The designations shall be made in a word document titled with the case caption, the name of the witness, and the date of the deposition. The chart shall consist of four columns for the beginning page:line of the designation, the end page:line of the designation, objections, and response (page:line chart). Parties may not designate objections or colloquy between counsel. b. On March 17, 2016, the parties shall exchange counter designations to the other party's designations on a new page:line chart. Objections to the other party's designations shall also be noted on the initial designation chart. c. On March 24, 2106, the parties shall exchange counter-counter designations on a new page:line chart. Objections to counter designations and responses to objections to the original designations shall also be exchanged. d. On March 30, 2016, the parties shall exchange objections to counter-counter designations on a new page:line chart. The parties shall also exchange responses to objections to counter designations. e. On April 4, 2016, the parties shall submit to the Court page:line charts for each deposition reflecting both parties' designations, counter-designations, counter-counter designations, objections, and responses. The parties shall also jointly submit complete transcripts of the depositions reflecting each party's respective designations, objections, and responses. 4. With respect to exhibit lists: a. On February 25, 2016, the parties shall exchange exhibits lists. Plaintiffs' exhibits shall be identified with a "P" and then consecutive numbering. Defendants' exhibits shall be identified with a "D" and then consecutive numbering. Exhibits lists shall be in Microsoft Excel format and shall include the following columns in the following order: Exhibit number, beginning bates number, end bates number, date, and description of the exhibit. The Excel spreadsheet shall also include a column where the opposing party can enter objections to exhibits. Parties shall also exchange at this time on a CD or other media true and accurate electronic copies (in color, where applicable) of all exhibits identified on their list in PDF format with the file name being the exhibit number. An identical copy of this CD shall be submitted to the Court. b. On March 17, 2016, the parties shall exchange objections to exhibits. The objections should be noted in a column on the Excel spreadsheet. The party shall place one star in the objection column indicating exhibits to which there is no authenticity objection and two stars indicating exhibits to which there is no objection on any ground. c. On March 24, 2016, both parties' exhibit lists (noting objections) shall be filed with the Court. An identical CD to that exchanged by the parties pursuant to paragraph 4(c) shall also be filed with the Court. 5. With respect to motions in limine: a. On March 15, 2016, the parties shall file motions in limine. b. Oppositions to motions in limine are due by March 29, 2016. 6. The parties may file a joint jury questionnaire on April 1, 2016. The Court has not decided to use a jury questionnaire. 7. The Court's individual practices regarding filing proposed voir dire questions, proposed jury instructions, and verdict form shall apply. These documents shall be filed on March 18, 2016. Before April 1, 2016, any party may file objections to the other party's proposed voir dire questions, jury instructions or verdict form. 8. The Joint Pretrial Order should include any special considerations governing the conduct of trial, including trial disclosures of exhibits, witnesses, and demonstratives as well as presentation of video testimony. So Ordered. (Motions due by 3/15/2016. Responses due by 3/29/2016. Pretrial Order due by 2/25/2016.) (Signed by Judge Cathy Seibel on 1/20/16) (yv)
January 20, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. #2950 MOTION for Larry D. Helvey to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the filing fee was not paid;.. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (sdi)
January 20, 2016 Pro Hac Vice Fee Payment: for #2950 MOTION for Larry D. Helvey to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number 0208-11860956.(Helvey, Larry)
January 19, 2016 Filing 2950 MOTION for Larry D. Helvey to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Abigail Urban. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Helvey, Larry) Modified on 1/20/2016 (sdi). Modified on 1/21/2016 (sdi).
January 19, 2016 Filing 2949 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) All Defendants. Document filed by Melissa Beauprez. (Watson, Leila)
January 19, 2016 Opinion or Order Filing 2948 ORDER granting (2947) Motion for Phyllis A. Jones to Appear Pro Hac Vice in case 7:13-md-02434-CS-LMS (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-04053-CS, 7:15-cv-03040-CS (Seibel, Cathy)
January 19, 2016 Filing 2947 MOTION for Phyllis A. Jones to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11851351. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-04053-CS, 7:15-cv-03040-CS(Jones, Phyllis)
January 19, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (32 in 7:14-cv-04053-CS, 2947 in 7:13-md-02434-CS-LMS, 17 in 7:15-cv-03040-CS) MOTION for Phyllis A. Jones to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11851351. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-04053-CS, 7:15-cv-03040-CS(wb)
January 15, 2016 Opinion or Order Filing 2946 NOTICE AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a) Plaintiffs Shaunte Davis and Robert Davis, hereby dismisses the above-captioned case with prejudice as to all Defendants. Each party is to bear its own costs and attorney fees. So Ordered. (Signed by Judge Cathy Seibel on 1/15/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-01943-CS(yv)
January 15, 2016 Opinion or Order Filing 2945 NOTICE AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a), Plaintiff, Shaterica Yates, hereby dismisses the above captions case with prejudice as to all defendants. Each party is to bear its own costs and attorneys' fees. So Ordered. (Signed by Judge Cathy Seibel on 1/15/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-04365-CS(yv)
January 15, 2016 Opinion or Order Filing 2944 ORDER granting #2943 Motion for Sarah E. Lynch to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
January 15, 2016 Filing 2943 MOTION for Sarah E. Lynch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11842406. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Certificate of Good Standing, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Lynch, Sarah)
January 15, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #2943 MOTION for Sarah E. Lynch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11842406. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
January 14, 2016 Filing 2942 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-142) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Iowa, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 1/12/2016) (sjo)
January 14, 2016 Filing 2941 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) All Defendants. Document filed by Shaunte Davis, Robert Davis. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-01943-CS(Tate, Mark)
January 13, 2016 Opinion or Order Filing 2940 NOTICE AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a), Plaintiff, Shawna Adkins, hereby dismiss the above-captioned case with prejudice as to all defendants. Each party is to bear its own costs and attorneys' fees. So Ordered. (Signed by Judge Cathy Seibel on 1/6/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-04860-CS (yv)
January 13, 2016 Opinion or Order Filing 2939 ORDER: Pursuant to Case Management Order Nos. 7 and 7A, and for the reasons stated on the record in court on January 12, 2016, the Court's January 4, 2016 Order vacating the dismissal of Plaintiff Nancy Whitehorse's case without prejudice, (15-CV-3508, Doc. 34 and 13-MD-2434,Doc. 2918), is hereby VACATED. The Clerk of Court is respectfully requested to spread this Order to and close the case in the caption. So Ordered. (Signed by Judge Cathy Seibel on 1/13/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-03508-CS(yv)
January 13, 2016 Opinion or Order Filing 2938 ORDER re: (2896 in 7:13-md-02434-CS-LMS, 103 in 7:13-cv-06586-CS) Letter, filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer Healthcare Pharmaceuticals, Inc., Bayer OY, (Deposition due by 2/2/2016., Replies due by 2/19/2016.) For the reasons stated on the record in court on January 12, 2016, Defendants' request to strike the affidavit of Jane Lee, which is Exhibit 23 to Plaintiff Jennifer Danley's Opposition to Defendants' Motion for Summary Judgment, (13-MD-2434, Doc. 2896 and 13-CV-6586, Doc.103), is hereby DENIED, but Defendants may take Jane Lee's deposition on or before February 2, 2016, and Defendants may file amended Reply papers in connection with their Motion for Summary Judgment on or before February 19, 2016. So Ordered. (Signed by Judge Cathy Seibel on 1/13/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(yv)
January 12, 2016 Filing 2937 LETTER addressed to Judge Cathy Seibel from Jane E. Joseph dated January 12, 2016 re: Opposition to Letter Motion of Shayna S. Cook dated December 16, 2015.. Document filed by Amanda Vanhook.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00980-CS(Joseph, Jane)
January 12, 2016 Filing 2935 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brian J. Holmes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11826413. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nicole Nelson. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Holmes, Brian) Modified on 1/12/2016 (sdi).
January 12, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #2935 MOTION for Brian J. Holmes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11826413. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi)
January 11, 2016 Opinion or Order Filing 2936 ORDER: This Order applies to the Second Disposition Pool and any additional disposition pools (collectively, later disposition pool cases) and governs the production of sales representative's custodial and personnel files (as defined by Case Management Orders (CMOs) 18C and 19) that were produced in a previous disposition pool case. 1. Production of Custodial Files: If BHCP did not produce a sales representative's custodial file in a previous disposition pool case and a Plaintiff, pursuant to CMOs entered by this Court, requests the production of that sales representative's custodial file in a later disposition pool case, BHCP shall produce that sales representative's custodial file. The contents of the file shall be governed by paragraph 3 of CMO 18C and include documents and tangible things in the file up to the date of the Plaintiff's request. If BHCP has already produced a sales representative's custodial file in a previous disposition pool case and a Plaintiff, pursuant to CMOs entered by this Court, requests the production of that sales representative's custodial file in a later disposition pool case, BHCP shall only supplement that sales representative's custodial file if the removal date of the Plaintiff's Mirena in the later disposition pool case occurred after the date that Plaintiff requested the sales representative's custodial file in the previous disposition pool case. In that case, in addition to providing a copy of the previously produced custodial file, BHCP will produce a supplement to that file containing the contents as defined by paragraph 3 of CMO 18C from the last collection date to the date of Plaintiff's later request. 2. Production of Sales Representative Personnel Files: If a Plaintiff requests a sales representative's deposition in a later disposition pool case and that sales representative's personnel file was not previously produced in a previous disposition pool case, BHCP shall produce that sales representative's personnel file pursuant to CMO 19. If BHCP produced a sales representative's personnel file in a previous disposition pool case and a Plaintiff requests that sales representative's deposition in a later disposition pool case, BHCP shall only supplement that sales representative's personnel file if the removal date of the Plaintiff's Mirena in the later disposition pool case occurred after the date that Plaintiff requested the sales representative's personnel file in the previous disposition pool case. In that case, in addition to providing a copy of the previously produced personnel file, BHCP will produce a supplement to that file containing the information required by CMO 19 from the last collection date to the date of Plaintiff's later request. So Ordered. (Signed by Judge Cathy Seibel on 1/11/16) (yv) Modified on 1/21/2016 (yv).
January 7, 2016 Filing 2934 LETTER addressed to Judge Cathy Seibel from William P. Harrington dated January 7, 2016 re: Proposed Order regarding Sales Representative Discovery in later Disposition Pool Cases. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Text of Proposed Order)(Harrington, William)
January 7, 2016 Filing 2933 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated January 7, 2016 re: Summary Judgment Reply Briefs. Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Cook, Shayna)
January 7, 2016 Filing 2932 DECLARATION of Christopher J. Cook in Support re: (2762 in 7:13-md-02434-CS-LMS) MOTION for Summary Judgment re: Hayes v. Bayer, 14-cv-0288., (62 in 7:14-cv-00288-CS) MOTION for Summary Judgment .. Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit 51)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00288-CS(Harrington, William)
January 7, 2016 Filing 2931 REPLY MEMORANDUM OF LAW in Support re: (2762 in 7:13-md-02434-CS-LMS) MOTION for Summary Judgment re: Hayes v. Bayer, 14-cv-0288., (62 in 7:14-cv-00288-CS) MOTION for Summary Judgment . . Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00288-CS(Harrington, William)
January 7, 2016 Filing 2930 DECLARATION of Christopher J. Cook in Support re: (61 in 7:13-cv-06586-CS) MOTION for Summary Judgment ., (2756 in 7:13-md-02434-CS-LMS) MOTION for Summary Judgment .. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 55, #2 Exhibit 56, #3 Exhibit 57, #4 Exhibit 58, #5 Exhibit 59)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(Harrington, William)
January 7, 2016 Filing 2929 REPLY MEMORANDUM OF LAW in Support re: (61 in 7:13-cv-06586-CS) MOTION for Summary Judgment ., (2756 in 7:13-md-02434-CS-LMS) MOTION for Summary Judgment . . Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(Harrington, William)
January 7, 2016 Filing 2928 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Larry D. Helvey to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Abigail Urban. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order Order for Admission for Pro Hac Vice)(Helvey, Larry) Modified on 1/7/2016 (bcu).
January 7, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #2928 MOTION for Larry D. Helvey to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Iowa;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
January 5, 2016 Filing 2927 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. Document filed by Shawna Adkins. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-04860-CS(McCauley, Matthew)
January 5, 2016 Filing 2926 LETTER addressed to Judge Cathy Seibel from C. Andrew Childers dated January 5, 2016 re: Plaintiff Jennifer Danley's response to Defendants request for a pre-motion conference. Document filed by Jennifer Danley. (Attachments: #1 Exhibit 1. Confidential, #2 Exhibit 2. Confidential, #3 Exhibit 3. Confidential, #4 Exhibit 4. Confidential, #5 Exhibit 5. Confidential, #6 Exhibit 6. Confidential, #7 Exhibit 7., #8 Exhibit 8, #9 Exhibit 9. Confidential)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(Kekatos, Diogenes)
January 4, 2016 Opinion or Order Filing 2925 Vacated as per Judges Order dated 03/03/2016, Doc. # 3064 ORDER granting (2795) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Orders (CMO) 7 and 7A, Defendants Motion to Dismiss without Prejudice for Failure to Submit a Plaintiff Fact Sheet (PFS) Containing All Core Criteria, (Doc. 2795), is hereby GRANTED as to the Plaintiffs as further set forth in this Order. As outlined in CMO 7, the Plaintiffs as further set forth in this Order have 90 days following the entry of this Order to serve Defendants with a completed Plaintiff Fact Sheet i.e. a Plaintiff Fact Sheet containing all core criteria or move to vacate the dismissal without prejudice. If Plaintiffs have not taken either of the above steps within 90 days, this Order will be converted into a Dismissal with Prejudice upon Defendants motion. The Clerk of Court is respectfully instructed to spread this Order to the cases in the caption and the table below and terminate Defendants Motion (Doc. 2795). So Ordered. (Signed by Judge Cathy Seibel on 1/4/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (yv) Modified on 3/3/2016 (yv).
January 4, 2016 Opinion or Order Filing 2924 ORDER granting (2794) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Order No. 7 (CMO 7), Defendants Motion to Dismiss with Prejudice, (Doc. 2794), is hereby GRANTED as to the Plaintiffs in the table below. The Clerk of Court is respectfully requested to spread this Order to the cases in the caption, terminate the pending Motion (Doc. 2794), and close the cases in the table below. An entry of judgment is not required. So Ordered. (Signed by Judge Cathy Seibel on 1/4/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-00996-CS, 7:15-cv-01194-CS, 7:15-cv-01208-CS, 7:15-cv-01274-CS (yv)
January 4, 2016 Opinion or Order Filing 2923 Vacated with respect to Plaintiff Monique Lucero, Autumn Hardy and Janisse Sandidge as per Judge Orders dated 03/03/2016, Doc. # 3062, Order dated 03/31/2016, Doc. # 3114 and Order dated 04/14/2016, Doc. # 3137 ORDER granting (2793) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Order No. 7 (CMO 7), Defendants Motion to Dismiss without Prejudice, (Doc. 2793), is hereby GRANTED as to the Plaintiffs in the table below. As outlined in CMO 7, the Plaintiffs in the table below have 90 days following the entry of this Order to serve Defendants with a completed Plaintiff Fact Sheet or move to vacate the dismissal without prejudice. If Plaintiffs have not taken either of the above steps within 90 days, this Order may be converted into a Dismissal with Prejudice upon Defendants motion. The Clerk of Court is instructed to spread this Order to the cases in the caption and the table below and terminate Defendants Motion, (Doc. 2793). So Ordered.(Signed by Judge Cathy Seibel on 1/4/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (yv) Modified on 1/5/2016 (yv). Modified on 3/3/2016 (yv). Modified on 4/1/2016 (yv). Modified on 4/14/2016 (mml).
January 4, 2016 Filing 2922 LETTER addressed to Judge Cathy Seibel from William P. Harrington dated January 4, 2016 re: Proposed Orders on Bayer's Motions to Dismiss (Docs. 2793, 2794, 2795). Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order, #3 Text of Proposed Order)(Harrington, William)
January 4, 2016 Filing 2921 MOTION to Dismiss No. 15, With Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Harrington, William)
January 4, 2016 Filing 2920 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated January 4, 2016 re: Venue Waiver of Plaintiff April Rogers. Document filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit)(Kekatos, Diogenes)
January 4, 2016 Opinion or Order Filing 2919 MEMO ENDORSEMENT granting (2916) Letter Motion for Leave to File Document in case 7:13-md-02434-CS-LMS; granting (106) Letter Motion for Leave to File Document in case 7:13-cv-06586-CS. ENDORSEMENT: Application granted. Plaintiffs may file the above referenced letter and related exhibits in redacted form on ECF pursuant to the protocol set forth in 13-md-2434, Docs. 2700, 2751. All pre-motion conference letters and responses thereto that contain confidential information may be filed in redacted form in accordance with the protocol set forth in 13-md-2434, Docs. 2700, 2751, with unredacted copies to be provided to Chambers. So Ordered. (Signed by Judge Cathy Seibel on 1/4/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS (yv)
January 4, 2016 Opinion or Order Filing 2918 Vacated as per Judges Order dated 1/13/16, Doc. # 2939 MEMO ENDORSEMENT granting (2917) Motion to Vacate in case 7:13-md-02434-CS-LMS; granting (33) Motion to Vacate in case 7:15-cv-03508-CS. ENDORSEMENT: [Plaintiff respectfully requests that the Court vacate its dismissal and reinstate Plaintiffs claims.] Application Granted. The Clerk of Court is respectfully requested to vacate the Order granting Defendants' motion to dismiss with respect to Nancy Whitehorse, Doc. 28, 15-cv-3508 and Doc. 2651, 13-md-2434, and reopen the case. So Ordered. (Signed by Judge Cathy Seibel on 1/4/16) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-03508-CS (yv) Modified on 1/8/2016 (yv). Modified on 1/13/2016 (yv).
January 4, 2016 Filing 2917 MOTION to Vacate Dismissal W/O Prejudice. Document filed by Nancy Whitehorse.(Van Parys, Nicholas)
January 4, 2016 Filing 2916 LETTER MOTION for Leave to File Redacted version of Plaintiff Jennifer Danley's response to Defendants' pre-motion conference letter addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated January 4, 2016. Document filed by Jennifer Danley.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(Kekatos, Diogenes)
January 4, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Larry D. Helvey to RE-FILE Document #2912 MOTION to Amend/Correct Motion to Appear Pro Hac Vice. Use the event type Appear Pro Hac Vice found under the event list Motions. ***NOTE*** Before re-filing, check the case number on the document, it may be incorrect. (ldi)
December 30, 2015 Filing 2915 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-141) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of North Carolina, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/30/2015) (sjo)
December 30, 2015 Filing 2914 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-140)transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Alabama, Kentucky and Wisconsin, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/29/2015) (sjo)
December 30, 2015 Filing 2913 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated December 30, 2015 re: Rogers Venue Waiver. Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-04325-CS(Cook, Shayna)
December 23, 2015 Filing 2912 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct Motion to Appear Pro Hac Vice. Document filed by Abigail Urban. (Attachments: #1 Supplement, #2 Supplement)(Helvey, Larry) Modified on 1/4/2016 (ldi).
December 23, 2015 Filing 2911 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated December 23, 2015 re: Courtesy Copy of Daubert Reply Brief. Document filed by Plaintiffs' Liaison Counsel.(Kekatos, Diogenes)
December 23, 2015 Filing 2910 REPLY MEMORANDUM OF LAW in Support re: (57 in 7:14-cv-00288-CS, 56 in 7:13-cv-06586-CS, 2724 in 7:13-md-02434-CS-LMS) MOTION to Preclude the Testimony of Dr. David Feigal. . Document filed by Plaintiffs' Liaison Counsel. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
December 23, 2015 Opinion or Order Filing 2909 MEMO ENDORSEMENT on re: (2908 in 7:13-md-02434-CS-LMS) Letter filed by Plaintiffs' Liaison Counsel. ENDORSEMENT: Application granted. Plaintiffs shall submit an executed venue waiver from Ms. Rogers on or before January 6, 2016. So Ordered. (Signed by Judge Cathy Seibel on 12/23/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-04325-CS(yv)
December 22, 2015 Filing 2908 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated December 22, 2015 re: SDP Venue. Document filed by Plaintiffs' Liaison Counsel.(Kekatos, Diogenes)
December 22, 2015 Filing 2907 RESPONSE in Opposition to Motion re: #2795 EIGHTH MOTION to Dismiss Without Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria. as to Plaintiff Carissa Mason. Document filed by Carissa Mason. (Pang Parra, Amber)
December 22, 2015 Filing 2906 FIRST LETTER addressed to Judge Cathy Seibel from Denis E. McGuinness, co-counsel for Plaintiffs, STACY VALDEZ and ANDREW VALDEZ dated December 22, 2015 re: Opposition to the letter motion of Shayna S. Cook dated December 16, 2015. Document filed by Andrew Valdez, Stacy Valdez.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-01479-CS(Haldenstein, Kenneth)
December 22, 2015 Opinion or Order Filing 2905 MEMO ENDORSEMENT on re: (2896 in 7:13-md-02434-CS-LMS, 103 in 7:13-cv-06586-CS) Letter, filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer Healthcare Pharmaceuticals, Inc., Bayer OY, (Pre-Motion Conference set for 1/12/2016 at 03:00 PM before Judge Cathy Seibel.) ENDORSEMENT: Pre-motion conference to be held on 1/12/16 at 3pm. Plaintiff is to state her position by letter (not to exceed 3 pages) by 1/5/16. So Ordered. (Signed by Judge Cathy Seibel on 12/22/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(yv)
December 21, 2015 Filing 2904 NOTICE of of Withdrawal of Notice of Voluntary Dismissal Without Prejudice re: (2902 in 7:13-md-02434-CS-LMS, 17 in 7:14-cv-08415-CS) Notice of Voluntary Dismissal,,,. Document filed by Sabriyah R. Williams. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-08415-CS(Overholtz, Neil)
December 21, 2015 Filing 2903 NOTICE of Withdrawal of Filing re: (16 in 7:14-cv-08415-CS, 2901 in 7:13-md-02434-CS-LMS) Notice of Voluntary Dismissal,,,. Document filed by Sabriyah R. Williams. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-08415-CS(Overholtz, Neil)
December 21, 2015 Filing 2902 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Bayer Healthcare Pharmaceuticals, Inc., Bayer AG, Bayer Corporation, Bayer Healthcare AG, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals Inc.,, Bayer Healthcare Pharmaceuticals, LLC, Bayer OY, Bayer Pharma AG, Bayer Pharmaceuticals Corporation, Bayer Schering Pharma AG, Berlex Laboratories, Inc., Berlex, Inc., DOES 1 through 100, inclusive,, Does, Amber Foster, John Doe Distributors, John Doe Manufacturers, Andrea E. Lukacs, McKesson Corporation, McKesson Corporation, Miranda Pena, Brittney Rixner. Document filed by Sabriyah R. Williams. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-08415-CS(Overholtz, Neil)
December 21, 2015 Filing 2901 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Bayer Healthcare Pharmaceuticals, Inc., Bayer AG, Bayer Corporation, Bayer Healthcare AG, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals Inc.,, Bayer Healthcare Pharmaceuticals, LLC, Bayer OY, Bayer Pharma AG, Bayer Pharmaceuticals Corporation, Bayer Schering Pharma AG, Berlex Laboratories, Inc., Berlex, Inc., DOES 1 through 100, inclusive,, Does, Amber Foster, John Doe Distributors, John Doe Manufacturers, Andrea E. Lukacs, McKesson Corporation, McKesson Corporation, Miranda Pena, Brittney Rixner. Document filed by Sabriyah R. Williams. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-08415-CS(Overholtz, Neil)
December 21, 2015 Opinion or Order Filing 2900 NOTICE AND ORDER OF VOLUNTARY PARTIAL DISMISSAL WITH PREJUDICE Pursuant to Fed. R. Civ. P. 41(a), Plaintiffs hereby dismiss the above-captioned case with prejudice ONLY AS TO DEFENDANT McKesson Corporation. Each party to bear its own costs and attorneys' fees. IT IS SO ORDERED. (Signed by Judge Cathy Seibel on 12/21/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-03445-CS(yv)
December 21, 2015 Opinion or Order Filing 2899 ENDORSED LETTER addressed to Judge Cathy Seibel from Edward S. Cook dated 12/18/15 re: request that the Cook, Hall & Lampros listing be removed from this case and any related cases. ENDORSEMENT: Application granted. The Clerk of Court is respectfully requested to effectuate the request. So Ordered. (Signed by Judge Cathy Seibel on 12/21/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-08367-CS(yv)
December 21, 2015 Filing 2898 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL(CTO-139) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Alabama, California, District of Columbia, Minnesota, New York and Tennessee, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/16/2015) (sjo)
December 21, 2015 Filing 2897 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-138) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Minnesota, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/10/2015) (sjo)
December 21, 2015 Filing 2896 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated December 18, 2015 re: Request for Leave to File a Motion to Strike. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A-D Filed Under Seal)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(Cook, Shayna)
December 21, 2015 Opinion or Order Filing 2895 MEMO ENDORSEMENT on re: (2892 in 7:13-md-02434-CS-LMS) Letter filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer OY. ENDORSEMENT: Application Granted. Defendants may file the below referenced letter and related exhibits in redacted form on ECF pursuant to the protocol set forth in 13-md-2434, Docs. 2700, 2751. So Ordered. (Signed by Judge Cathy Seibel on 12/18/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(yv)
December 21, 2015 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (28 in 7:14-cv-04893-CS, 2893 in 7:13-md-02434-CS-LMS) MOTION for Jesse E. Weisshaar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11756595. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-04893-CS(wb)
December 18, 2015 Filing 2894 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) McKesson Corporation. Document filed by McKesson Corporation, McKesson Corporation. (Rosati, Pavan)
December 18, 2015 Filing 2893 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jesse E. Weisshaar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11756595. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bayer Healthcare Pharmaceutical Inc. Return Date set for 12/23/2015 at 05:00 PM.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-04893-CS(Weisshaar, Jesse) Modified on 12/21/2015 (wb).
December 18, 2015 Filing 2892 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated December 18, 2015 re: Sealing Motion to Strike. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
December 17, 2015 Opinion or Order Filing 2891 MEMO ENDORSEMENT on NOTICE OF DISMISSAL WITH PREJUDICE Pursuant to CMO 22A and Federal Rule of Civil Procedure 41(a)(1)(A)(i), Amanda Ritzert, by and through the undersigned counsel, voluntarily dismisses with prejudice the above-entitled action. The parties shall bear their own fees and costs. ENDORSEMENT: The Clerk of Court is respectfully requested to terminate the pending motions at 13-md-2434, Doc. 2877, and 13-cv-6585, Doc. 46, and close the case. So Ordered. (Signed by Judge Cathy Seibel on 12/17/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06585-CS(yv)
December 17, 2015 Opinion or Order Filing 2890 MEMO ENDORSEMENT on NOTICE OF DISMISSAL WITH PREJUDICE Pursuant to CMO 22A and Federal Rule of Civil Procedure 41(a)(1)(A)(i), Maria A.Galvan, by and through the undersigned counsel, voluntarily dismisses with prejudice the above-entitled action. The parties shall bear their own fees and costs. ENDORSEMENT: The Clerk of Court is respectfully requested to terminate the pending motions at 13-md-2434, Doc. 2868, and 13-cv-4666, Doc. 59, and close the case. So Ordered. (Signed by Judge Cathy Seibel on 12/17/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-04666-CS(yv)
December 17, 2015 Opinion or Order Filing 2889 MEMO ENDORSEMENT on NOTICE OF DISMISSAL WITH PREJUDICE Pursuant to CMO 22A and Federal Rule of Civil Procedure 41 (a)(1)(A)(i), Suzanne Roskos, by and through the undersigned counsel, voluntarily dismisses with prejudice the above-entitled action. The parties shall bear their own fees and costs. ENDORSEMENT: The Clerk of Court is respectfully requested to terminate the pending motions at 13-md-2434, Doc. 2878, and 13-cv-7035, Doc. 46, and close the case. So Ordered. (Signed by Judge Cathy Seibel on 12/17/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-07035-CS(yv)
December 17, 2015 Opinion or Order Filing 2888 MEMO ENDORSEMENT on NOTICE OF DISMISSAL WITH PREJUDICE: Pursuant to CMO 22A and Federal Rule of Civil Procedure 41(a)(1)(A)(i), Cassie Hill, by and through the undersigned counsel, voluntarily dismisses with prejudice the above-entitled action. The parties shall bear their own fees and costs. ENDORSEMENT: The Clerk of Court is respectfully requested to terminate the pending motions at 13-md-2434, Doc. 2871, and 13-cv-4665, Doc. 59, and close the case. So Ordered. (Signed by Judge Cathy Seibel on 12/17/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-04665-CS(yv) Modified on 12/17/2015 (yv).
December 16, 2015 Filing 2887 MOTION to Dismiss Plaintiff Yates Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William) Modified on 4/6/2016 (sjo).
December 16, 2015 Filing 2886 MOTION to Dismiss Plaintiff Vinson Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2885 MOTION to Dismiss Plaintiff Vanhook Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2884 MOTION to Dismiss Plaintiff Valdez Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2883 MOTION to Dismiss Plaintiff Twitty Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2882 MOTION to Dismiss Plaintiff Turner Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2881 MOTION to Dismiss Plaintiff Sunny Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2880 MOTION to Dismiss Plaintiff Slone Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2879 MOTION to Dismiss Plaintiff Sepulveda Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2878 MOTION to Dismiss Plaintiff Roskos Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2877 MOTION to Dismiss Plaintiff Ritzert Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2876 MOTION to Dismiss Plaintiff Peterson Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2875 MOTION to Dismiss Plaintiff Pena Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2874 MOTION to Dismiss Plaintiff Miller Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2873 MOTION to Dismiss Plaintiff Maness Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William) Modified on 2/19/2016 (sjo).
December 16, 2015 Filing 2872 MOTION to Dismiss Plaintiff Maldon Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2871 MOTION to Dismiss Plaintiff Hill Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2870 MOTION to Dismiss Plaintiff Green Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2869 MOTION to Dismiss Plaintiff Garnica Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2868 MOTION to Dismiss Plaintiff Galvan Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2867 MOTION to Dismiss Plaintiff Esver Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2866 MOTION to Dismiss Plaintiff Embler Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2865 MOTION to Dismiss Plaintiff Dragon Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2864 MOTION to Dismiss Plaintiff Davis Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William) Modified on 2/19/2016 (sjo).
December 16, 2015 Filing 2863 MOTION to Dismiss Plaintiff Costanza Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2862 MOTION to Dismiss Plaintiff Carrico Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2861 MOTION to Dismiss Plaintiff Carey Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2860 MOTION to Dismiss Plaintiff Beauprez Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William) Modified on 2/19/2016 (sjo).
December 16, 2015 Filing 2859 MOTION to Dismiss Plaintiff Alexander Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
December 16, 2015 Filing 2858 MOTION to Dismiss Plaintiff Adkins Per CMO 22A. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William) Modified on 2/19/2016 (sjo).
December 16, 2015 Filing 2857 RESPONSE in Opposition to Motion re: #2795 EIGHTH MOTION to Dismiss Without Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria. First response to defficiency. Document filed by Robin Fetterolf. (Pfender, Thomas)
December 15, 2015 Filing 2856 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated December 15, 2015 re: Unredacted version of filings. Document filed by Plaintiffs' Liaison Counsel.(Kekatos, Diogenes)
December 15, 2015 Filing 2855 DECLARATION of Nathan C. Bess in Opposition re: (2762 in 7:13-md-02434-CS-LMS) MOTION for Summary Judgment re: Hayes v. Bayer, 14-cv-0288.. Document filed by Christie L. Hayes. (Attachments: #1 Exhibit 1, #2 Exhibit 2. Confidential, #3 Exhibit 3. Confidential, #4 Exhibit 4. Confidential, #5 Exhibit 5. Confidential, #6 Exhibit 6. Confidential, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12. Confidential, #13 Exhibit 13. Confidential, #14 Exhibit 14. Confidential, #15 Exhibit 15. Confidential, #16 Exhibit 16. Confidential, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19. Confidential, #20 Exhibit 20., # 21 Exhibit 21, #22 Exhibit 22. Confidential, #23 Exhibit 23. Confidential, #24 Exhibit 24. Confidential, #25 Exhibit 25. Confidential, #26 Exhibit 26. Confidential, #27 Exhibit 27. Confidential, #28 Exhibit 28. Confidential, #29 Exhibit 29. Confidential, #30 Exhibit 30. Confidential, #31 Exhibit 31, #32 Exhibit 32. Confidential, #33 Exhibit 33. Confidential, #34 Exhibit 34. Confidential, #35 Exhibit 35. Confidential, #36 Exhibit 36)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00288-CS(Kekatos, Diogenes)
December 15, 2015 Filing 2854 COUNTER STATEMENT TO (2763 in 7:13-md-02434-CS-LMS) Rule 56.1 Statement. Document filed by Christie L. Hayes. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00288-CS(Kekatos, Diogenes)
December 15, 2015 Filing 2852 DECLARATION of C. Andrew Childers in Opposition re: (2756 in 7:13-md-02434-CS-LMS) MOTION for Summary Judgment .. Document filed by Jennifer Danley. (Attachments: #1 Exhibit 1, #2 Exhibit 2. Confidential, #3 Exhibit 3. Confidential, #4 Exhibit 4. Confidential, #5 Exhibit 5. Confidential, #6 Exhibit 6. Confidential, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12. Confidential, #13 Exhibit 13. Confidential, #14 Exhibit 14. Confidential, #15 Exhibit 15. Confidential, #16 Exhibit 16. Confidential, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19. Confidential, #20 Exhibit 20. Confidential, # 21 Exhibit 21, #22 Exhibit 22. Confidential, #23 Exhibit 23, #24 Exhibit 24. Confidential, #25 Exhibit 25. Confidential, #26 Exhibit 26. Confidential, #27 Exhibit 27. Confidential, #28 Exhibit 28. Confidential, #29 Exhibit 29. Confidential, #30 Exhibit 30. Confidential, #31 Exhibit 31, #32 Exhibit 32. Confidential, #33 Exhibit 33. Confidential, #34 Exhibit 34. Confidential, #35 Exhibit 35. Confidential, #36 Exhibit 36. Confidential, #37 Exhibit 37. Confidential, #38 Exhibit 38. Confidential, #39 Exhibit 39. Omitted, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(Kekatos, Diogenes)
December 15, 2015 Filing 2851 COUNTER STATEMENT TO (2757 in 7:13-md-02434-CS-LMS) Rule 56.1 Statement. Document filed by Jennifer Danley. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS(Kekatos, Diogenes)
December 15, 2015 Filing 2849 DECLARATION of Diogenes P. Kekatos in Support re: (52 in 7:13-cv-06586-CS, 53 in 7:14-cv-00288-CS, 2705 in 7:13-md-02434-CS-LMS) MOTION to Preclude the Testimony of Dena R. Hixon, M.D... Document filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit 1. Confidential)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
December 15, 2015 Filing 2848 REPLY MEMORANDUM OF LAW in Support re: (52 in 7:13-cv-06586-CS, 53 in 7:14-cv-00288-CS, 2705 in 7:13-md-02434-CS-LMS) MOTION to Preclude the Testimony of Dena R. Hixon, M.D.. . Document filed by Plaintiffs' Liaison Counsel. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
December 15, 2015 Opinion or Order Filing 2847 ORDER No. 24C (Second Disposition Pool Selection Process): The following order partially modifying certain language set forth in Order 24A, (13-MD-2434, Doc. 2401; 13-MC-2434, Doc. 114), is hereby adopted: 1. Order 24A currently states in several scenarios (4-13) that the parties shall identify candidate replacement or removal cases for the Second Disposition Pool ("SDP:) "within fourteen days of the dismissal order." (13-MD-2434, Doc. 2401; 13-MC-2434, Doc. 114.) 2. Effective from the date of this Order, if a SDP case is voluntarily dismissed by Plaintiffs pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), which does not require approval by this Court, the relevant party shall identify a replacement or removal case or cases within fourteen days of when the voluntary dismissal was filed via ECF. All other instructions and deadlines set forth in Order 24A, (13-MD-2434, Doc. 2401; 13-MC-2434, Doc. 114), remain in effect. So Ordered. (Signed by Judge Cathy Seibel on 12/15/15) (yv) Modified on 12/15/2015 (yv).
December 15, 2015 Opinion or Order Filing 2846 ORDER: The Court will issue a new CMO amending CMO 24A to more accurately reflect the spirit of CMO 24A, which is to give Defendants fourteen days to replace or strike if a Plaintiff voluntarily dismisses a SDP case more than 30 days after selection. Defendants' December 11, 2015 strike of Ms. Mehrer from the SDP, however, will stand, and Plaintiffs request to overrule that strike is hereby DENIED. The current list of 12 remaining Plaintiffs pending in the SDP is listed at Doc. 2822. So Ordered. (Signed by Judge Cathy Seibel on 12/15/15) (yv)
December 14, 2015 Opinion or Order Filing 2845 MEMO ENDORSEMENT re: #2785 Letter; denying as moot #2682 Motion for to exclude testimony; terminating #2767 Motion for Summary Judgment. ENDORSEMENT: For the reasons stated above, Defendants' motion to exclude the testimony of Dr. Richard Luciani, 13-md-2434, Doc. 2682, is denied as moot. The Clerk of Court is respectfully requested to terminate the pending motion at 13-md-2434, Doc. 2682. In addition, for the reasons stated above, the Clerk of Court is respectfully requested to terminate Plaintiffs' pending summary judgment motion at 13-md-2434, Doc. 2767. So Ordered. (Signed by Judge Cathy Seibel on 12/14/15) (yv)
December 14, 2015 Filing 2844 NOTICE OF APPEARANCE by Kelly K. McNabb on behalf of Alicia Groning, Thomas Groning. (McNabb, Kelly)
December 14, 2015 Filing 2843 REPLY MEMORANDUM OF LAW in Support re: (2702 in 7:13-md-02434-CS-LMS) MOTION to Preclude certain opinions of Michelle Collins, Ph.D., and Drs. Vanessa K. Dalton, Jay Goldberg, Steven Goldstein, Geri Hewitt, Marcia C. Javitt, and Michael Policar. . Document filed by Plaintiffs' Liaison Counsel. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
December 14, 2015 Opinion or Order Filing 2842 MEMO ENDORSEMENT on re: (34 in 7:14-cv-03473-CS, 2823 in 7:13-md-02434-CS-LMS) Notice (Other) filed by Charlene Torrence, Motions terminated: (23 in 7:14-cv-03473-CS, 23 in 7:14-cv-03473-CS) MOTION to Compel Defendant Bayer Healthcare Pharma to Produce Defense Fact Sheet . MOTION for Discovery . filed by Charlene Torrence. ENDORSEMENT: The Clerk is respectfully requested to terminate the pending motion at 14-cv-3473, Doc. 23, So Ordered. (Signed by Judge Cathy Seibel on 12/14/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-03473-CS(yv)
December 14, 2015 Filing 2841 DECLARATION of Christopher J. Cook in Support re: (2697 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF APRIL ZAMBELLI-WEINER, PH.D... Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. (Attachments: #1 Exhibit I, #2 Exhibit J, #3 Exhibit K)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Harrington, William)
December 14, 2015 Filing 2840 REPLY MEMORANDUM OF LAW in Support re: (2697 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF APRIL ZAMBELLI-WEINER, PH.D.. . Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Harrington, William)
December 14, 2015 Filing 2839 DECLARATION of Christopher J. Cook in Support re: (48 in 7:13-cv-06586-CS, 2694 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF ROGER C. YOUNG, M.D., PH.D... Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Q, #2 Exhibit R, #3 Exhibit S, #4 Exhibit T)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Harrington, William)
December 14, 2015 Filing 2838 REPLY MEMORANDUM OF LAW in Support re: (2694 in 7:13-md-02434-CS-LMS, 48 in 7:13-cv-06586-CS) MOTION TO EXCLUDE THE TESTIMONY OF ROGER C. YOUNG, M.D., PH.D.. . Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Harrington, William)
December 14, 2015 Filing 2837 REPLY MEMORANDUM OF LAW in Support re: (2691 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF SUSAN WRAY, PH.D.. . Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Harrington, William)
December 14, 2015 Filing 2836 NOTICE of Withdrawal of Motion re: (2823 in 7:13-md-02434-CS-LMS) Notice (Other). Document filed by Charlene Torrence. (Attachments: #1 Exhibit A to Supplemental Declaration of Gary Martin Meyers, Esq.)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-03473-CS(Meyers, Gary)
December 14, 2015 Filing 2835 DECLARATION of Christopher J. Cook in Support re: (49 in 7:14-cv-00288-CS, 2688 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF RICHARD STRASSBERG, M.D... Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. (Attachments: #1 Exhibit J, #2 Exhibit K)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Harrington, William)
December 14, 2015 Filing 2834 REPLY MEMORANDUM OF LAW in Support re: (49 in 7:14-cv-00288-CS, 2688 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF RICHARD STRASSBERG, M.D.. . Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Harrington, William)
December 14, 2015 Filing 2833 DECLARATION of Christopher J. Cook in Support re: (2685 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF SUZANNE PARISIAN, M.D... Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. (Attachments: #1 Exhibit G, #2 Exhibit H, #3 Exhibit I, #4 Exhibit J)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Harrington, William)
December 14, 2015 Filing 2832 REPLY MEMORANDUM OF LAW in Support re: (2685 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF SUZANNE PARISIAN, M.D.. . Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Harrington, William)
December 14, 2015 Filing 2831 DECLARATION of Christopher J. Cook in Support re: (2679 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF JOHN JARRELL, PH.D., P.E... Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H, #5 Exhibit I)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Harrington, William)
December 14, 2015 Filing 2830 REPLY MEMORANDUM OF LAW in Support re: (2679 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF JOHN JARRELL, PH.D., P.E.. . Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Harrington, William)
December 14, 2015 Opinion or Order Filing 2829 ORDER GRANTING VOLUNTARY PARTIAL DISMISSAL WITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a), Plaintiffs, Desiree Iniguez, et al., hereby dismiss the above-captioned case with prejudice ONLY AS TO DEFENDANT McKesson Corporation. Each party to bear its own costs and attorneys' fees. It Is So Ordered. (Signed by Judge Cathy Seibel on 12/14/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-04330-CS(yv)
December 14, 2015 Filing 2828 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated December 14, 2015 re: Response to Bayer's Dec. 11, 2015 Letter re SDP Strike. Document filed by Plaintiffs' Liaison Counsel.(Kekatos, Diogenes)
December 14, 2015 Opinion or Order Filing 2827 ORDER GRANTING VOLUNTARY PARTIAL DISMISSALWITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a), Plaintiff, Jerilynn Dudley, hereby dismisses the above-captioned case with prejudice ONLY AS TO DEFENDANT McKesson Corporation. Each party to bear its own costs and attorneys' fees. It Is So Ordered. (Signed by Judge Cathy Seibel on 12/14/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-03800-CS(yv)
December 14, 2015 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #2826 MOTION for Larry D. Helvey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11729653. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Iowa;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi)
December 12, 2015 Filing 2826 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Larry D. Helvey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11729653. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Abigail Urban. (Attachments: #1 Text of Proposed Order)(Helvey, Larry) Modified on 12/14/2015 (sdi).
December 11, 2015 Filing 2825 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated December 11, 2015 re: Reply re Second Disposition Pool. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 September 18, 2014 Order)(Cook, Shayna)
December 11, 2015 Filing 2824 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated December 11, 2015 re: Response to Bayer's SDP Strike. Document filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Notice of Voluntary Dismissal)(Kekatos, Diogenes)
December 11, 2015 Filing 2823 NOTICE of Withdrawal of Motion. Document filed by Charlene Torrence. (Attachments: #1 Affidavit of Gary Martin Meyers, Esq.)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-03473-CS(Meyers, Gary)
December 11, 2015 Filing 2822 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated December 11, 2015 re: Second Disposition Pool. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
December 11, 2015 Filing 2821 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/2/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine)
December 11, 2015 Filing 2820 TRANSCRIPT of Proceedings re: Conference held on 12/2/2015 before Judge Cathy Seibel. Court Reporter/Transcriber: Albert Gorn, 914-390-4222. Transcript may be viewed at the court 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 PACER. Redaction Request due 1/4/2016. Redacted Transcript Deadline set for 1/14/2016. Release of Transcript Restriction set for 3/13/2016.(Siwik, Christine)
December 10, 2015 Filing 2819 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated December 10, 2015 re: COMPENDIUM OF JOURNAL ARTICLES. Document filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11 Part 1, #12 Exhibit 11 Part 2, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19)(Kekatos, Diogenes)
December 10, 2015 Filing 2818 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Bayer Healthcare Pharmaceuticals, Inc., Bayer OY, Bayer Pharma AG. Document filed by Falisha Robinson. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06807-CS(Seeger, Christopher)
December 10, 2015 Filing 2817 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) McKesson Corporation. Document filed by McKesson Corporation. (Rosati, Pavan)
December 10, 2015 Filing 2816 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) McKesson Corporation. Document filed by McKesson Corporation. (Rosati, Pavan)
December 9, 2015 Opinion or Order Filing 2815 MEMO ENDORSEMENT on re: #2814 Letter filed by Plaintiffs' Liaison Counsel. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Cathy Seibel on 12/9/15) (yv)
December 9, 2015 Filing 2814 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated December 9, 2015 re: Additional Pages Request. Document filed by Plaintiffs' Liaison Counsel.(Kekatos, Diogenes)
December 9, 2015 Filing 2813 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Missouri, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/08/2015) (sjo)
December 8, 2015 Opinion or Order Filing 2812 ORDER granting (2808) Motion to Vacate in case 7:13-md-02434-CS-LMS; granting (49) Motion to Vacate in case 7:14-cv-00885-CS. I would like to take this opportunity to remind counsel of the significant amount of time and resources it takes Defendants to engage in unnecessary motion practice and for the Court to administer these Orders and vacate dismissals, all of which would be unnecessary if Plaintiffs merely adhered to the already generous time allotments granted to them to submit required documents. The Court reminds counsel that it may alter CMOs with respect to specific lawyers and firms if the behavior of waiting until the last minute to submit necessary documents continues. Nevertheless, pursuant to CMO 7, because both Plaintiffs submitted a PFS within 90 days from when their cases were dismissed without prejudice, the Order dismissing Plaintiffs cases (Doc. 2612) is VACATED with respect to the above-captioned cases. The Clerk of Court is respectfully requested to spread this Order to the cases in the caption and terminate the pendingmotion at 13-MD-2434, Doc. 2808. So Ordered. (Signed by Judge Cathy Seibel on 12/8/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00885-CS, 7:14-cv-05694-CS (yv)
December 7, 2015 Filing 2811 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-137) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Texas, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/3/2015) (sjo)
December 4, 2015 Opinion or Order Filing 2810 ENDORSED LETTER addressed to Judge Cathy Seibel from Jay R. Vaughn dated 12/3/15 re: withdrawing as counsel of record and requesting removal from the service list. ENDORSEMENT: The Clerk of Court is respectfully directed to terminate Mr. Vaughn as counsel in 15-cv-7911 and 13-md-2434. So Ordered. (Signed by Judge Cathy Seibel on 12/4/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-07911-CS(yv)
December 3, 2015 Opinion or Order Filing 2809 Vacated as per Judges Orders dated 04/01/2016, 04/04/2016 & 4/8/2016 Doc. # 10, #13, #8, #3 and #46 as to Sherry Lopez de Ricci, Kymberlee Bateni, Deshaaron Holmes, Jessica Johnson and Jessica Brown only ORDER granting (2713) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Order No. 7 (CMO 7), Defendants' Motion to Dismiss without Prejudice, (Doc. 2713), is hereby GRANTED as to the Plaintiffs in the table below. As outlined in CMO 7, the Plaintiffs in the table below have 90 days following the entry of this Order to serve Defendants with a completed Plaintiff Fact Sheet or move to vacate the dismissal without prejudice. If Plaintiffs have not taken either of the above steps within 90 days, this Order may be converted into a Dismissal with Prejudice upon Defendants' motion. The Clerk of Court is instructed to spread this Order to the cases in the caption and the table below and terminate Defendants Motion, (Doc. 2713): (As further set forth in this Order.) So Ordered. (Signed by Judge Cathy Seibel on 12/3/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (yv) Modified on 12/3/2015 (yv). Modified on 4/1/2016 (yv). Modified on 4/1/2016 (yv). Modified on 4/4/2016 (yv). Modified on 4/8/2016 (yv). Modified on 4/8/2016 (yv).
December 3, 2015 Filing 2808 MOTION to Vacate (46 in 7:14-cv-00885-CS, 2612 in 7:13-md-02434-CS-LMS) Order on Motion to Dismiss,,,, . Document filed by SHERRY BROADWATER. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00885-CS(Rabner, Monte)
December 2, 2015 Filing 2807 ENDORSED LETTER addressed to Judge Cathy Seibel from James Shepherd dated 11/30/2015 re: request for a 45 day responsive pleading extension for the SDP cases. ENDORSEMENT: Application Granted. (Signed by Judge Cathy Seibel on 12/2/15) (yv)
December 2, 2015 Transmission to Docket Assistant Clerk. Transmitted re: #2807 Endorsed Letter, to the Docket Assistant Clerk for case processing. (yv)
December 2, 2015 Filing 2806 RESPONSE in Opposition to Motion re: (2713 in 7:13-md-02434-CS-LMS) MOTION to Dismiss No. 22- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. . Document filed by Stephanie Martini. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06862-CS(Saba, Ryan)
December 2, 2015 Filing 2805 RESPONSE in Opposition to Motion re: (2713 in 7:13-md-02434-CS-LMS) MOTION to Dismiss No. 22- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. . Document filed by Denise Esparza. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06789-CS(Saba, Ryan)
December 2, 2015 Filing 2804 RESPONSE in Opposition to Motion re: (2713 in 7:13-md-02434-CS-LMS) MOTION to Dismiss No. 22- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. . Document filed by Amber Synder. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06865-CS(Saba, Ryan)
December 2, 2015 Filing 2803 RESPONSE in Opposition to Motion re: (2713 in 7:13-md-02434-CS-LMS) MOTION to Dismiss No. 22- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. . Document filed by Tyson Thompson. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-06867-CS(Saba, Ryan)
December 2, 2015 Filing 2802 RESPONSE in Opposition to Motion re: (2510 in 7:13-md-02434-CS-LMS) SIXTH MOTION to Dismiss Without Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria. . Document filed by Christi Howard-Williams. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-05694-CS(Saba, Ryan)
December 2, 2015 Opinion or Order Filing 2801 ORDER granting (2714) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Order No. 7 ("CMO 7"), Defendants Motion to Dismiss with Prejudice, (Doc. 2714), is hereby GRANTED as to the Plaintiffs in the table below. The Clerk of Court is respectfully requested to spread this Order to the cases in the caption, terminate the pending Motion (Doc. 2714), and close the cases in the table below. An entry of judgment is not required. As further set forth in this Order. So Ordered. (Signed by Judge Cathy Seibel on 12/2/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (yv)
December 2, 2015 Opinion or Order Filing 2800 MEMO ENDORSEMENT granting (16) Motion to Withdraw as Attorney. Attorney Kelly K McNabb terminated. ENDORSEMENT: Application granted. The Clerk of Court is respectfully directed to effectuate the request and terminate the pending motion at 14-cv-9821, (Doc.16). So Ordered. (Signed by Judge Cathy Seibel on 12/2/15) (yv)
December 2, 2015 Opinion or Order Filing 2799 ORDER granting (2541) Motion to Dismiss; granting (2556) Motion to Dismiss; granting (2559) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Order No. 22A (CMO 22A), and for the reasons stated on the record in court today, Defendants' Motions to Dismiss with Prejudice, (Docs. 2541, 2556, 2559), are GRANTED as to the above-captioned Plaintiffs. The Clerk of Court is respectfully requested to spread this Order to and close the cases in the caption. The Clerk of Court is further requested to terminate the pending motions at 13-MD-2434, Docs. 2541, 2556, 2559. So Ordered. (Signed by Judge Cathy Seibel on 12/2/15) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-03559-CS, 7:13-cv-03808-CS, 7:14-cv-04888-CS (yv)
December 2, 2015 Filing 2798 DECLARATION of Christopher J. Cook in Opposition re: (57 in 7:14-cv-00288-CS, 56 in 7:13-cv-06586-CS, 2724 in 7:13-md-02434-CS-LMS) MOTION to Preclude the Testimony of Dr. David Feigal.. Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Harrington, William)
December 2, 2015 Filing 2797 MEMORANDUM OF LAW in Opposition re: (57 in 7:14-cv-00288-CS, 56 in 7:13-cv-06586-CS, 2724 in 7:13-md-02434-CS-LMS) MOTION to Preclude the Testimony of Dr. David Feigal. . Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc.. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Harrington, William)
December 2, 2015 Transmission to Docket Assistant Clerk. Transmitted re: (21 in 7:14-cv-04888-CS, 21 in 7:14-cv-04888-CS, 21 in 7:14-cv-04888-CS) Order on Motion to Dismiss, to the Docket Assistant Clerk for case processing. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-03559-CS, 7:13-cv-03808-CS, 7:14-cv-04888-CS(yv)
December 2, 2015 Transmission to Docket Assistant Clerk. Transmitted re: (32 in 7:15-cv-00901-CS) Order on Motion to Dismiss, to the Docket Assistant Clerk for case processing. Filed In Associated Cases: 7:13-md-02434-CS-LMS et al.(yv)
November 30, 2015 Filing 2796 LETTER addressed to Judge Cathy Seibel from William P. Harrington dated November 30, 2015 re: Proposed Orders on Bayer's Motions to Dismiss (Docs. 2713, 2714). Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Harrington, William)
November 30, 2015 Filing 2795 EIGHTH MOTION to Dismiss Without Prejudice for Failure to Submit a Plaintiff Fact Sheet Containing All Core Criteria. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Harrington, William)
November 30, 2015 Filing 2794 MOTION to Dismiss No. 14, With Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Harrington, William)
November 30, 2015 Filing 2793 MOTION to Dismiss No. 23- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit A)(Harrington, William)
November 30, 2015 Filing 2792 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated November 30, 2015 re: SDP Replacement Selection. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
November 30, 2015 Opinion or Order Filing 2791 ENDORSED LETTER addressed to Judge Cathy Seibel from Matthew J. McCauley dated 11/30/2015 re: request to be excused from attendance at the December 2, 2015 cases management conference. ENDORSEMENT: Application granted. Plaintiffs' leadership should be sure there is someone present who can address the issues on the agenda. So Ordered. (Signed by Judge Cathy Seibel on 11/30/2015) (yv)
November 30, 2015 Opinion or Order Filing 2790 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-136) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of New Jersey, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by Judge Cathy Seibel on 11/30/2015) (sjo)
November 30, 2015 Opinion or Order Filing 2789 MEMO ENDORSEMENT on re: #2788 Letter filed by Plaintiffs' Liaison Counsel. ENDORSEMENT: Application granted. Mr. Ronca may appear by phone. So Ordered. (Signed by Judge Cathy Seibel on 11/30/2015) (yv)
November 25, 2015 Filing 2788 LETTER addressed to Judge Cathy Seibel from James Ronca, Esquire dated 11/25/2015 re: In re: Mirena IUD Product Liability Litigation, 13-MD-2434. Document filed by Plaintiffs' Liaison Counsel.(Spizer, Gregory)
November 25, 2015 Filing 2787 DECLARATION of Christopher J. Cook in Opposition re: #2705 MOTION to Preclude the Testimony of Dena R. Hixon, M.D... Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Harrington, William)
November 25, 2015 Filing 2786 MEMORANDUM OF LAW in Opposition re: #2705 MOTION to Preclude the Testimony of Dena R. Hixon, M.D.. . Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Harrington, William)
November 24, 2015 Filing 2785 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated November 24, 2015 re: Plaintiffs' Opposition to Defendants' Daubert Motions. Document filed by Plaintiffs' Liaison Counsel.(Kekatos, Diogenes)
November 24, 2015 Filing 2784 RESPONSE in Opposition to Motion re: (2697 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF APRIL ZAMBELLI-WEINER, PH.D.. . Document filed by Plaintiffs' Liaison Counsel. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
November 24, 2015 Filing 2783 DECLARATION of Diogenes P. Kekatos in Opposition re: (48 in 7:13-cv-06586-CS, 2694 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF ROGER C. YOUNG, M.D., PH.D... Document filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit 1. Confidential, #2 Exhibit 2., #3 Exhibit 3., #4 Exhibit 5, #5 Exhibit 6. Confidential, #6 Exhibit 7. Confidential)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
November 24, 2015 Filing 2782 RESPONSE in Opposition to Motion re: (2694 in 7:13-md-02434-CS-LMS, 48 in 7:13-cv-06586-CS) MOTION TO EXCLUDE THE TESTIMONY OF ROGER C. YOUNG, M.D., PH.D.. . Document filed by Plaintiffs' Liaison Counsel. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
November 24, 2015 Filing 2781 DECLARATION of Diogenes P. Kekatos in Opposition re: (2691 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF SUSAN WRAY, PH.D... Document filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A. Confidential, #2 Exhibit B. Confidential, #3 Exhibit C. Confidential, #4 Exhibit D. Confidential)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
November 24, 2015 Filing 2780 RESPONSE in Opposition to Motion re: (2691 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF SUSAN WRAY, PH.D.. . Document filed by Plaintiffs' Liaison Counsel. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
November 24, 2015 Filing 2779 DECLARATION of Diogenes P. Kekatos in Opposition re: (49 in 7:14-cv-00288-CS, 2688 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF RICHARD STRASSBERG, M.D... Document filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A. Confidential, #2 Exhibit B. Confidential, #3 Exhibit C. Confidential, #4 Exhibit D. Confidential, #5 Exhibit E. Confidential)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
November 24, 2015 Filing 2778 RESPONSE in Opposition to Motion re: (49 in 7:14-cv-00288-CS, 2688 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF RICHARD STRASSBERG, M.D.. . Document filed by Plaintiffs' Liaison Counsel. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
November 24, 2015 Filing 2777 DECLARATION of Diogenes P. Kekatos in Opposition re: (2685 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF SUZANNE PARISIAN, M.D... Document filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit 1. Confidential, #2 Exhibit 2., #3 Exhibit 3. Confidential, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
November 24, 2015 Filing 2776 RESPONSE in Opposition to Motion re: (2685 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF SUZANNE PARISIAN, M.D.. . Document filed by Plaintiffs' Liaison Counsel. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
November 24, 2015 Filing 2775 DECLARATION of Diogenes P. Kekatos in Opposition re: (2679 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF JOHN JARRELL, PH.D., P.E... Document filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A. Confidential, #2 Exhibit B. Confidential, #3 Exhibit C. Confidential, #4 Exhibit D., #5 Exhibit E., #6 Exhibit F., #7 Exhibit G. Confidential, #8 Exhibit H. Confidential, #9 Exhibit J., #10 Exhibit K., #11 Exhibit L., #12 Exhibit M. Confidential)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-00288-CS(Kekatos, Diogenes)
November 24, 2015 Filing 2774 RESPONSE in Opposition to Motion re: (2679 in 7:13-md-02434-CS-LMS) MOTION TO EXCLUDE THE TESTIMONY OF JOHN JARRELL, PH.D., P.E.. . Document filed by Plaintiffs' Liaison Counsel. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
November 24, 2015 Filing 2773 DECLARATION of Christopher J. Cook in Opposition re: #2702 MOTION to Preclude certain opinions of Michelle Collins, Ph.D., and Drs. Vanessa K. Dalton, Jay Goldberg, Steven Goldstein, Geri Hewitt, Marcia C. Javitt, and Michael Policar.. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44)(Harrington, William)
November 24, 2015 Filing 2772 MEMORANDUM OF LAW in Opposition re: #2702 MOTION to Preclude certain opinions of Michelle Collins, Ph.D., and Drs. Vanessa K. Dalton, Jay Goldberg, Steven Goldstein, Geri Hewitt, Marcia C. Javitt, and Michael Policar. . Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Harrington, William)
November 19, 2015 Opinion or Order Filing 2771 ORDER: Counsel's handling of this matter thus far, which has been careless at best, is inexcusable. Nevertheless, in the interest of deciding cases on the merits, and because the facts suggest Plaintiff's complaint is timely, Plaintiff's application for leave to file an AC (Doc. 24) is hereby GRANTED. Plaintiff may file an AC advancing only those causes of action that were not previously dismissed by the Court in other words, Plaintiff's AC may not contain causes of action sounding in fraud or breach of warranty. (See Transcript of Proceedings on October 14, 2015 at 27.) Counsel should review the transcript from the October 14, 2015 conference carefully for the details of the Court's prior ruling. The Clerk of Court is respectfully directed to terminate the pending Motion (Doc. 19) in No. 15-CV-1475. (Signed by Judge Cathy Seibel on 11/19/2015) (rj)
November 17, 2015 Filing 2770 DECLARATION of Diogenes P. Kekatos in Support re: #2767 MOTION for Summary Judgment as to Defendant's affirmative defense of preemption.. Document filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5. Confidential, #6 Exhibit 6. Confidential, #7 Exhibit 7. Confidential, #8 Exhibit 8. Confidential, #9 Exhibit 9. Confidential, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15. Confidential, #16 Exhibit 16. Confidential, #17 Exhibit 17. Confidential, #18 Exhibit 18. Confidential, #19 Exhibit 19. Confidential, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24. Confidential, #25 Exhibit 25. Confidential, #26 Exhibit 26. Confidential, #27 Exhibit 27. Confidential)(Kekatos, Diogenes)
November 17, 2015 Filing 2769 RULE 56.1 STATEMENT. Document filed by Plaintiffs' Liaison Counsel. (Kekatos, Diogenes)
November 17, 2015 Filing 2768 MEMORANDUM OF LAW in Support re: #2767 MOTION for Summary Judgment as to Defendant's affirmative defense of preemption. . Document filed by Plaintiffs' Liaison Counsel. (Kekatos, Diogenes)
November 17, 2015 Filing 2767 MOTION for Summary Judgment as to Defendant's affirmative defense of preemption. Document filed by Plaintiffs' Liaison Counsel.(Kekatos, Diogenes)
November 17, 2015 Filing 2766 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated November 17, 2015 re: Motions for Summary Judgment. Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc..Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Cook, Shayna)
November 17, 2015 Filing 2765 DECLARATION of Christopher J. Cook in Support re: #2762 MOTION for Summary Judgment re: Hayes v. Bayer, 14-cv-0288.. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50)(Harrington, William)
November 17, 2015 Filing 2764 MEMORANDUM OF LAW in Support re: #2762 MOTION for Summary Judgment re: Hayes v. Bayer, 14-cv-0288. . Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Harrington, William)
November 17, 2015 Filing 2763 RULE 56.1 STATEMENT. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Harrington, William)
November 17, 2015 Filing 2762 MOTION for Summary Judgment re: Hayes v. Bayer, 14-cv-0288. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
November 17, 2015 Filing 2761 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #2763) RULE 56.1 STATEMENT. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Harrington, William) Modified on 11/17/2015 (lb).
November 17, 2015 Filing 2760 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #2762) MOTION for Summary Judgment re: Hayes v. Bayer, 13-cv-0288. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William) Modified on 11/17/2015 (lb).
November 17, 2015 Filing 2759 DECLARATION of Christopher J. Cook in Support re: #2756 MOTION for Summary Judgment .. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54)(Harrington, William)
November 17, 2015 Filing 2758 MEMORANDUM OF LAW in Support re: #2756 MOTION for Summary Judgment . . Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Harrington, William)
November 17, 2015 Filing 2757 RULE 56.1 STATEMENT. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Harrington, William)
November 17, 2015 Filing 2756 MOTION for Summary Judgment . Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Harrington, William)
November 17, 2015 Filing 2755 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 02/26/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Staten, Mary)
November 17, 2015 Filing 2754 TRANSCRIPT of Proceedings re: conference held on 2/26/2014 before Judge Cathy Seibel. Court Reporter/Transcriber: Mary Staten, (914) 390-4027. Transcript may be viewed at the court 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 PACER. Redaction Request due 12/11/2015. Redacted Transcript Deadline set for 12/21/2015. Release of Transcript Restriction set for 2/18/2016.(Staten, Mary)
November 13, 2015 Opinion or Order Filing 2753 ORDER: Defendants are correct that Plaintiff's counsel has flouted this Court's orders yet again. First, counsel has not, as ordered, explained the contradictions in Plaintiff's various statements (as outlined yet again in Defendants' November 11, 2015 letter, Doc. 2746). It appears counsel is studiously avoiding mention of (or provision of records regarding) the December 2012 x-ray which, according to Plaintiff's PFS, diagnosed the perforation. Second, the explanation counsel provides for his prior derelictions is at least partly unavailing and at least partly false. If counsel was unable to stay on the line when he knew his client's case was to be addressed, it is inexcusable that he did not promptly make efforts to educate himself as to that ruling. He should have ordered the transcript to find out what the ruling was, or at least gotten the particulars from a lawyer (from the PSC or otherwise) who had them. And it does not seem that the claim that "counsel misunderstood the Court's instructions based on the Minute Entry" can be true, as the minute entry contains no instructions. Likewise, it does not seem that the claim that "counsel mistakenly calendared the due date as October 29, 2015 [rather than October 28, 2015], based on the October 16, 2015" minute entry can be true, as the minute entry made no reference to October 28, October 29 or any other due date. For these reasons, the application for leave to amend is DENIED. Even though the Court would be justified in dismissing Plaintiff's case with prejudice, it will give Plaintiff a final chance to explain why she should be allowed to amend, on the following conditions. First, any such application must: 1) be filed by 5 p.m. on November 17, 2015; 2) comply in full with my October 14, 2015 Order (including that it provide all pertinent medical records and explain the seeming contradictions among Plaintiff's various statements); 3) comply in full with my October 30, 2015 Order (including that it provide a full and accurate explanation as to why counsel filed the Amended Complaint without complying with my October 14, 2015 ruling and why counsel did not act within the prescribed period); and 4) explain why counsel's November 11, 2015 letter did not comply with my October 14, 2015 ruling and my October 30, 2015 Order (including that it explain why it contained what appears to be an inaccurate explanation for counsel's derelictions). Second, Plaintiff's counsel will be required to personally pay Defendants' expenses incurred as a result of his failure to comply with my October 14, 2015 ruling and my October 30, 2015 Order. Defendants should supply Plaintiff's counsel with a listing of those expenses, and Plaintiff's counsel should reimburse Defendants within one week thereafter or, if Plaintiff's counsel disputes the expenses, he may make application to the Court within one week thereafter. SO ORDERED. (Signed by Judge Cathy Seibel on 11/13/2015) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-01475-CS (lnl)
November 13, 2015 Opinion or Order Filing 2752 ORDER granting #2749 Motion for Ina D. Chang to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
November 13, 2015 Filing 2750 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Amber Griffin Shaw to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11622016. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brandy Wiggins. (Attachments: #1 Order for Admission Pro Hac Vice, #2 Certificate of Good Standing)(Shaw, Amber) Modified on 11/13/2015 (sdi).
November 13, 2015 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #2750 MOTION for Amber Griffin Shaw to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11622016. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Tennessee;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi)
November 13, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #2749 MOTION for Ina D. Chang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11621062. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 13, 2015 Set/Reset Deadlines: Applications due by 11/17/2015. (lnl)
November 12, 2015 Opinion or Order Filing 2751 MEMO ENDORSEMENT on re: (59 in 7:13-cv-06586-CS, 60 in 7:14-cv-00288-CS) Letter, filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer Healthcare Pharmaceuticals, Inc., Bayer OY, (2434 in 7:13-md-02434-CS-LMS) Letter, filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer OY. ENDORSEMENT: APPLICATION GRANTED. Pending and future motions, and any response thereto, shall adhere to the protocol set forth in 13-MD-2434, Doc. 2700, and may be filed in redacted form to the extend they include or discuss material designated as confidential (with unredacted hard copies provided to chambers). If such material so dominates the filing that redaction is impractical, the papers may be filed under seal and shall remain uredacted until further order of this Court. (Signed by Judge Cathy Seibel on 11/12/2015) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(rj)
November 12, 2015 Filing 2749 MOTION for Ina D. Chang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11621062. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Chang, Ina)
November 12, 2015 Filing 2748 LETTER addressed to Judge Cathy Seibel from William P. Harrington dated November 12, 2015 re: Leave to file summary judgment motions under seal. Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc..Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Harrington, William)
November 11, 2015 Filing 2746 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated November 11, 2015 re: Gardiner Application to File an Amended Complaint. Document filed by Bayer Healthcare Pharmaceuticals Inc, Bayer Oy, Bayer Pharma AG.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-01475-CS(Cook, Shayna)
November 10, 2015 Opinion or Order Filing 2747 MEMO ENDORSEMENT on re: (2740 in 7:13-md-02434-CS-LMS) Letter filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Bayer OY. ENDORSEMENT: Based on Defendants' letter (Doc. 2738), Plaintiffs' response (Doc. 2739), and the above request, the parties shall adhere to the following page limits and deadlines. For Plaintiff Jennifer Danley, Defendants may submit a brief in connection with a motion for Summary Judgment not exceeding 35 pages. For Plaintiff Christine Hayes, Defendants may submit a brief in connection with a motion for Summary Judgment not exceeding 38 pages. Defendants' opposition to Plaintiffs' Daubert motion (Doc. 2702) may not exceed 35 pages. Daubert Reply briefs, except for those involving the motions set forth in Case Management Order 9D, Doc. 2666, are due by December 14, 2015. Opposition briefs for Summary Judgment Motions are due by December 15, 2015. Reply briefs are due by January 7, 2016. No further extensions will be granted. SO ORDERED. (Responses due by 12/15/2015, Replies due by 1/7/2016.) (Signed by Judge Cathy Seibel on 11/10/2015) (mml)
November 10, 2015 Filing 2745 NOTICE OF APPEARANCE by Mandissa Fayola Logan on behalf of Zabrinah Brown. (Logan, Mandissa)
November 10, 2015 Filing 2744 NOTICE OF APPEARANCE by June Patricia Bashant on behalf of Zabrinah Brown. (Bashant, June)
November 10, 2015 Opinion or Order Filing 2743 ORDER denying as moot #2731 Motion for Alicia J. Donahue to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
November 10, 2015 Opinion or Order Filing 2742 ORDER granting (2741) Motion for Alicia J. Donahue to Appear Pro Hac Vice in case 7:13-md-02434-CS-LMS (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-07310-CS (Seibel, Cathy)
November 10, 2015 Filing 2741 MOTION for Alicia J. Donahue to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-07310-CS(Donahue, Alicia)
November 10, 2015 Filing 2740 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated November 10, 2015 re: Reply re Page Limit Extension. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
November 10, 2015 Filing 2739 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos dated 11/10/2015 re: Defendants' Page Limit Request. Document filed by Plaintiffs' Liaison Counsel.(Kekatos, Diogenes)
November 10, 2015 Filing 2738 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated November 10, 2015 re: Page Limit Extension. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG.(Cook, Shayna)
November 10, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #2741 MOTION for Alicia J. Donahue to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
November 9, 2015 Filing 2737 LETTER addressed to Judge Cathy Seibel from Shayna S. Cook dated November 9, 2015 re: Grande Venue Waiver. Document filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer OY, Bayer Pharma AG.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-09824-CS(Cook, Shayna)
November 9, 2015 Opinion or Order Filing 2736 ORDER granting #2734 Motion for Mandissa Fayola Logan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
November 9, 2015 Opinion or Order Filing 2735 ORDER granting #2733 Motion for Patricia Bashant to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
November 6, 2015 Filing 2734 FIRST MOTION for Mandissa Fayola Logan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11599915. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zabrinah Brown. (Attachments: #1 Certificate of the Clerk of The Supreme Court of the State of California, #2 Text of Proposed Order Order For Admission Pro Hac Vice)(Logan, Mandissa)
November 6, 2015 Filing 2733 MOTION for June Patricia Bashant to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zabrinah Brown. (Attachments: #1 Certificate of Standing, #2 Text of Proposed Order Order For Admission Pro Hac Vice)(Bashant, June)
November 6, 2015 Filing 2732 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-135)transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of michigan, Minnesota and Tennessee, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 11/6/2015) (sjo)
November 6, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #2733 MOTION for June Patricia Bashant to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
November 6, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #2734 FIRST MOTION for Mandissa Fayola Logan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11599915. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
November 5, 2015 Filing 2731 MOTION for Alicia J. Donahue to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11593344. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc. (Attachments: #1 Certificate of Standing, #2 Text of Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-07310-CS(Donahue, Alicia)
November 5, 2015 Filing 2730 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Bayer Healthcare Pharmaceuticals, Inc., Bayer OY, Bayer Pharma AG. Document filed by Kaylin Richard. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-08368-CS(Geiger, Andrew)
November 4, 2015 Filing 2729 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-134) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of North Carolina, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Cathy Seibel, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 11/04/2015) (sjo)
November 4, 2015 Opinion or Order Filing 2728 MEMO ENDORSEMENT on re: (2727 in 7:13-md-02434-CS-LMS, 11 in 7:15-cv-04110-CS) RESPONSE in Opposition to Motion re: (2645 in 7:13-md-02434-CS-LMS) MOTION to Dismiss No. 21- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. ENDORSEMENT: For the reasons stated below, the Order dismissing Plaintiff's case without prejudice (13-MD-2434, Doc. 2722; 15-CV-4110, Doc. 10) is hereby VACATED, only as to Plaintiff Emma Elizabeth Reel (15-CV-4110). SO ORDERED. (Signed by Judge Cathy Seibel on 11/4/2015) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-04110-CS(lnl)
November 3, 2015 Filing 2727 RESPONSE in Opposition to Motion re: (2645 in 7:13-md-02434-CS-LMS) MOTION to Dismiss No. 21- Without Prejudice for Failure to Submit a Plaintiff Fact Sheet. . Document filed by Emma Ellizabeth Reel. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:15-cv-04110-CS(Overholtz, Neil)
November 3, 2015 Filing 2726 DECLARATION of Diogenes P. Kekatos in Support re: (57 in 7:14-cv-00288-CS, 56 in 7:13-cv-06586-CS, 2724 in 7:13-md-02434-CS-LMS) MOTION to Preclude the Testimony of Dr. David Feigal.. Document filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit 1., #2 Exhibit 2., #3 Exhibit 3. part 1, #4 Exhibit 3. part 2, #5 Exhibit 4. Confidential, #6 Exhibit 5. Confidential, #7 Exhibit 6. Confidential, #8 Exhibit 7., #9 Exhibit 8., #10 Exhibit 9., #11 Exhibit 10.)Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
November 3, 2015 Filing 2725 MEMORANDUM OF LAW in Support re: (57 in 7:14-cv-00288-CS, 56 in 7:13-cv-06586-CS, 2724 in 7:13-md-02434-CS-LMS) MOTION to Preclude the Testimony of Dr. David Feigal. . Document filed by Plaintiffs' Liaison Counsel. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
November 3, 2015 Filing 2724 MOTION to Preclude the Testimony of Dr. David Feigal. Document filed by Plaintiffs' Liaison Counsel.Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-06586-CS, 7:14-cv-00288-CS(Kekatos, Diogenes)
November 3, 2015 Filing 2723 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Bayer Healthcare Pharmaceuticals Inc. Document filed by Amanda G Sledge. Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:13-cv-07845-CS(Bell, Bobby)
November 2, 2015 Opinion or Order Filing 2722 Vacated only as to Plaintiff Emma Elizabeth Reel (15-CV-4110) as per Judge's Order dated 11/4/2015, Doc. #2728. ORDER granting (2645) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Order No. 7 ("CMO 7"), Defendants' Motion to Dismiss without Prejudice, (Doc. 2645), is hereby GRANTED as to the Plaintiffs in the table below. As outlined in CMO 7, the Plaintiffs in the table below have 90 days following the entry of this Order to serve Defendants with a completed Plaintiff Fact Sheet or move to vacate the dismissal without prejudice. If Plaintiffs have not taken either of the above steps within 90 days, this Order may be converted into a Dismissal with Prejudice upon Defendants' motion. The Clerk of Court is instructed to spread this Order to the cases in the caption and the table below and terminate Defendants' Motion, (Doc. 2645). SO ORDERED. (Signed by Judge Cathy Seibel on 11/2/2015) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (mml) Modified on 11/4/2015 (lnl).
November 2, 2015 Opinion or Order Filing 2721 ORDER granting (2646) Motion to Dismiss in case 7:13-md-02434-CS-LMS. Pursuant to Case Management Orders ("CMO") 7 and 7A, Defendants' Motion to Dismiss without Prejudice, for Failure to Submit a Plaintiff Fact Sheet ("PFS") Containing all Core Criteria, (Doc. 2646), is hereby GRANTED as to the Plaintiffs in the table below. As outlined in CMO 7, the Plaintiffs in the table below have 90 days following the entry of this Order to serve Defendants with a completed Plaintiff Fact Sheet - i.e. a Plaintiff Fact Sheet containing all core criteria - or move to vacate the dismissal without prejudice. If Plaintiffs have not taken either of the above steps within 90 days, this Order will be converted into a Dismissal with Prejudice upon Defendants' motion. The Clerk of Court is instructed to spread this Order to the cases in the caption and the table below and terminate Defendants. Motion, (Doc. 2646). SO ORDERED. (Signed by Judge Cathy Seibel on 11/2/2015) Filed In Associated Cases: 7:13-md-02434-CS-LMS, 7:14-cv-07509-CS, 7:15-cv-00857-CS, 7:15-cv-02549-CS (mml)
November 2, 2015 Filing 2720 LETTER addressed to Judge Cathy Seibel from William P. Harrington dated November 2, 2015 re: Proposed Orders on Bayer's Motions to Dismiss (Docs. 2645, 2646). Document filed by Bayer Healthcare Pharmaceuticals Inc.,, Bayer OY, Bayer Pharma AG. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Harrington, William)
October 30, 2015 Opinion or Order Filing 2719 ORDER: On October 14, 2015, the Court issued a bench ruling in Plaintiff's case, No. 15-CV-1475, in response to Defendants' Motion to Dismiss pursuant to Case Management Order ("CMO") 22A. (No. 15-CV-1475 Doc. 8.) Counsel was on notice that the decision would be rendered at that time. (Transcript of Proceedings on October 14, 2015 ("Tr.") at 42-43.) I dismissed all claims as time-barred, and also found that the breach of warranty and fraud claims had been abandoned and failed to state a claim upon which relief could be granted. (Tr. 24-27.) Even though Plaintiff had failed to follow CMO 22A in that she did not address amendment in her opposition to the motion, I allowed Plaintiff to brief via a three-page letter why she should be allowed to amend. I directed that her application had to include supporting documentation, and I specified that the records attached as Exhibit A to her April 10, 2015 letter did not suffice because they did not cover the relevant 2013 events or explain the seeming contradictions among Plaintiff's various statements. (Tr. 26-27.) That letter was due within 14 days of the ruling. Plaintiff seems to have entirely flouted my order. The 14-day