RODRIGUEZ-VARGAS v. BAYER HEALTHCARE PHARMACEUTICALS, INC. et al
| Katherine A. Rodriguez-Vargas |
| JOHN DOES 1-20 (Fictitious Names), Bayer Pharma AG,, Bayer Healthcare Pharmaceuticals, Inc. and Bayer Oy |
| 7:2018cv11461 |
| December 7, 2018 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. ยง 1332 ct |
| Both |
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Filing 5
ORDER: 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 11/10/2016) (mml)
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| Filing 4 MDL TRANSFERRED IN from the United States District Court - District of New Jersey; Case Number: 2:18-cv-14081. Original file certified copy of transfer order and docket entries received. (sjo) |
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Filing 3
Order of MDL Panel transferring case to the Southern District of New York. (MDL 2434 CTO 181 Judge Cathy Seibel) (gh, ) [Transferred from New Jersey on 12/7/2018.]
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| Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sjo) |
| Case Designated ECF. (sjo) |
| CASE ACCEPTED AS RELATED. Create association to 7:13-md-02434-CS-LMS. (sjo) |
| CONSOLIDATED MDL CASE: Create association to 7:13-md-02434-CS-LMS. (sjo) |
| Filing 2 SUMMONS ISSUED as to BAYER HEALTHCARE PHARMACEUTICALS, INC., BAYER OY, BAYER PHARMA AG,, JOHN DOES 1-20 (Fictitious Names). Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (fp, ) [Transferred from New Jersey on 12/7/2018.] |
| Judge Susan D. Wigenton and Magistrate Judge Leda D. Wettre added. (eu, ) [Transferred from New Jersey on 12/7/2018.] |
| Filing 1 COMPLAINT against All Defendants ( Filing and Admin fee $ 400 receipt number 0312-9037981) with JURY DEMAND, filed by KATHERINE A Rodriguez-Vargas. (Attachments: #1 Civil Cover Sheet)(BONGIORNO, JOSEPH) [Transferred from New Jersey on 12/7/2018.] |
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