DeRico v. Shire, PLC. et al
| MaryAnn DeRico |
| Liberty Life Assurance Company of Boston, Liberty Mutual Group Inc., Lincoln National Corporation, David Peckman, Shire, PLC., Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals U.S.A., Inc., Takeda Pharmaceuticals International, Inc., The Lincoln National Life Insurance Company, Liberty Mutual Insurance Company, Shire Viropharma Incorporated and Shire US, Inc. |
| 7:2019cv06764 |
| July 19, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Labor: Family and Medical Leave Act |
| 28 U.S.C. § 1331 fm Fed. Question: Family and Medical Leave Act |
| Plaintiff |
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This docket was last retrieved on February 19, 2021. A more recent docket listing may be available from PACER.
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Filing 99
STIPULATION OF DISMISSAL WITH PREJUDICE: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff MaryAnn DeRico and Defendants Shire, PLC., Shire US, Inc.; Shire Virophaima Incorporated, Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals U.S.A., Inc., Takeda Pharmaceuticals International, Inc., and David Peckman, through undersigned counsel, hereby stipulate and agree to the dismissal of this action in its entirety on the merits with prejudice and with each party to bear its own fees and costs. PURSUANT TO STIPULATION, IT IS SO ORDERED. (Signed by Judge Vincent L. Briccetti on 2/19/2021) Shire Viropharma Incorporated, Shire, PLC., Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals International, Inc., Takeda Pharmaceuticals U.S.A., Inc., David Peckman and Shire US, Inc. terminated. (ks)
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| Filing 98 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) Takeda Pharmaceuticals U.S.A., Inc., Shire US, Inc., Takeda Pharmaceuticals International, Inc., Shire, PLC., David Peckman, Shire Viropharma Incorporated, Takeda Pharmaceutical Company Limited pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Takeda Pharmaceuticals U.S.A., Inc., Shire US, Inc., Takeda Pharmaceuticals International, Inc., Shire, PLC., David Peckman, Shire Viropharma Incorporated, Takeda Pharmaceutical Company Limited. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Linthorst, Thomas) |
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Filing 97
ORDER OF DISMISSAL: The Court has been advised that the parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs, and without prejudice to the right to restore the action to the Court's calendar, provided the application to restore the action is made by no later than February 22, 2021. To be clear, any application to restore the action must be filed by February 22, 2021, and any application to restore the action filed thereafter may be denied solely on the basis that it is untimely. All other deadlines, scheduled conferences, or other scheduled court appearances are cancelled. Any pending motions are moot. SO ORDERED. (Motions due by 2/22/2021.) (Signed by Judge Vincent L. Briccetti on 1/20/2021) (mml)
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| Filing 96 LETTER addressed to Judge Vincent L. Briccetti from Milana Dostanitch dated January 19, 2021 re: Adjournment of Deadlines. Document filed by MaryAnn DeRico..(Dostanitch, Milana) |
| Magistrate Judge Andrew E. Krause is so redesignated. (wb) |
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Filing 95
REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Non-expert depositions shall be completed by 12/18/2020. Expert Deposition due by 2/5/2021. Fact Discovery due by 1/8/2021. Expert Discovery due by 2/5/2021. Discovery due by 2/5/2021. Case Management Conference set for 2/8/2021 at 09:30 AM before Judge Vincent L. Briccetti. The parties have conferred and their present best estimate of the length of the trial is 2 weeks. (Signed by Judge Vincent L. Briccetti on 9/4/2020) (mml)
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Filing 94
ORDER: Discovery deadlines extended as set forth in the Revised Civil Case Discovery Plan and Scheduling Order, which will be separately docketed. The parties' deadline to complete all discovery is extended to 2/5/2021. The next conference in this matter is scheduled for 2/8/2021, at 9:30 a.m. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (srs)
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| Filing 93 PROPOSED SCHEDULING ORDER. Document filed by MaryAnn DeRico..(Dostanitch, Milana) |
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Filing 92
ORDER: The parties' proposed case management and discovery scheduling order (Doc. #91) is denied without prejudice to refiling. The proposed order is silent on whether the parties consent to conducting all further proceedings before a Magistrate Judge, and whether the parties are seeking a jury trial. Accordingly, by 9/10/2020, the parties shall submit a revised proposed case management and discovery scheduling order. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (srs)
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| Filing 91 LETTER addressed to Judge Vincent L. Briccetti from Milana Dostanitch dated September 3, 2020 re: proposed scheduling order and discovery plan. Document filed by MaryAnn DeRico. (Attachments: #1 Proposed Scheduling Order).(Dostanitch, Milana) |
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Filing 90
ORDER GRANTING MOTION TO WITHDRAW SARAH L. HUFF OF MORGAN, LEWIS & BOCKIUS LLP AS COUNSEL FOR DEFENDANTS re: #86 Motion to Withdraw as Attorney. Counsel's motion to withdraw Sarah L. Huff of Morgan, Lewis & Bockius LLP as counsel for Defendants Shire, PLC., Shire US, Inc., Shire Viropharma Incorporated, Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals U.S.A., Inc., Takeda Pharmaceuticals International, Inc. and David Peckman ("Defendants") is GRANTED. It is therefore ORDERED that Sarah L. Huff shall no longer be listed as attorney-of- record for Defendants in this matter. IT IS FURTHER ORDERED that Thomas A. Linthorst of Morgan, Lewis & Bockius LLP will continue to represent Defendants in this matter. The Clerk is instructed to terminate the motion. (Doc. #86). Attorney Sarah Huff terminated. (Signed by Judge Vincent L. Briccetti on 8/3/2020) (tro)
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| Filing 89 NOTICE OF APPEARANCE by Chelsea Lynn Conanan on behalf of David Peckman, Shire US, Inc., Shire Viropharma Incorporated, Shire, PLC., Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals International, Inc., Takeda Pharmaceuticals U.S.A., Inc...(Conanan, Chelsea) |
| Filing 88 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by David Peckman, Shire US, Inc., Shire Viropharma Incorporated, Shire, PLC., Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals International, Inc., Takeda Pharmaceuticals U.S.A., Inc.. Related Document Number: #86 ..(Linthorst, Thomas) |
| Filing 87 DECLARATION of Thomas A. Linthorst in Support re: #86 MOTION for Sarah L. Huff to Withdraw as Attorney .. Document filed by David Peckman, Shire US, Inc., Shire Viropharma Incorporated, Shire, PLC., Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals International, Inc., Takeda Pharmaceuticals U.S.A., Inc...(Linthorst, Thomas) |
| Filing 86 MOTION for Sarah L. Huff to Withdraw as Attorney . Document filed by David Peckman, Shire US, Inc., Shire Viropharma Incorporated, Shire, PLC., Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals International, Inc., Takeda Pharmaceuticals U.S.A., Inc...(Linthorst, Thomas) |
| Filing 85 STIPULATION OF DISMISSAL OF DEFENDANT LIBERTY LIFE ASSURANCE COMPANY OF BOSTON: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT: 1. Defendants Lincoln National Corporation, The Lincoln National Life Insurance Company, Liberty Mutual Group Inc., Liberty Mutual Insurance Company, and Liberty Life are dismissed from this matter with prejudice and with each party to bear its own costs and fees, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii); and 2. The undersigned attorneys for Liberty Life will cooperate with Plaintiffs counsel by accepting service of discovery and deposition notices on its behalf, but otherwise reserving all rights to object to any discovery sought from Liberty Life. The Clerk is instructed to terminate Liberty Life Assurance Company of Boston, Liberty Mutual Group Inc., Liberty Mutual Insurance Company, Lincoln National Corporation, and Lincoln National Life Insurance Company from the docket. Liberty Life Assurance Company of Boston terminated. (Signed by Judge Vincent L. Briccetti on 7/31/2020) (mro) |
| Filing 84 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) Liberty Life Assurance Company of Boston, Liberty Mutual Group Inc., Liberty Mutual Insurance Company, Lincoln National Corporation, The Lincoln National Life Insurance Company and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by MaryAnn DeRico. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Lowe, Christopher) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #84 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Vincent L. Briccetti for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
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Filing 83
ORDER granting #82 Letter Motion for Extension of Time: By no later than 9/3/2020, the parties shall submit either a stipulation of dismissal or a joint letter updating the Court on the status of the case. If the case has not settled by that date, the parties shall also submit a revised civil case discovery plan and scheduling order containing agreed-upon discovery deadlines going forward. Although the Court recognizes the parties efforts to settle this matter, no further extensions shall be granted. To be clear, the Court will not entertain any further requests to extend these deadlines. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (srs)
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| Filing 82 LETTER MOTION for Extension of Time addressed to Judge Vincent L. Briccetti from Christopher H. Lowe dated July 29, 2020. Document filed by MaryAnn DeRico..(Lowe, Christopher) |
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Filing 81
MEMO ENDORSEMENT on re: #80 Letter filed by MaryAnn DeRico. ENDORSEMENT: The conference scheduled for 7/8/2020, is adjourned without date. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 6/22/2020) (mml)
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| Filing 80 LETTER addressed to Judge Vincent L. Briccetti from Milana Dostanitch dated June 22, 2020 re: Adjournment of Case Management Conference. Document filed by MaryAnn DeRico..(Dostanitch, Milana) |
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Filing 79
ORDER granting #78 Letter Motion for Extension of Time: By no later than 8/3/2020, the parties shall submit either a stipulation of dismissal or a joint letter updating the Court on the status of the case. If the case has not settled by that date, the parties shall also submit a revised civil case discovery plan and scheduling order containing agreed-upon discovery deadlines going forward. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (srs)
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| Filing 78 CONSENT LETTER MOTION for Extension of Time to Mediate addressed to Judge Vincent L. Briccetti from Christopher H. Lowe dated 06/03/2020. Document filed by MaryAnn DeRico..(Lowe, Christopher) |
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Filing 77
ORDER granting #76 Letter Motion for Extension of Time: By no later than 5/29/2020, the parties shall submit either a stipulation of dismissal or a joint letter updating the Court on the status of the case. If the case has not settled by that date, the parties shall also submit a revised civil case discovery plan and scheduling order containing agreed-upon discovery deadlines going forward. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (srs)
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| Filing 76 CONSENT LETTER MOTION for Extension of Time to Mediate addressed to Judge Vincent L. Briccetti from Christopher H. Lowe dated April 29,2020. Document filed by MaryAnn DeRico..(Lowe, Christopher) |
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Filing 75
ORDER granting in part and denying in part #74 Letter Motion for Extension of Time: Rather than "extend" discovery deadlines, the Court stays all discovery deadlines pending further order of the Court. By no later than 5/4/2020, the parties shall submit either a stipulation of dismissal or a joint letter updating the Court on the status of the case. If the case has not settled by that date, the parties shall also submit a revised civil case discovery plan and scheduling order containing agreed-upon discovery deadlines going forward. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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| Filing 74 CONSENT LETTER MOTION for Extension of Time of All Case Deadlines to Pursue Mediation addressed to Judge Vincent L. Briccetti from Christopher Lowe dated March 2, 2020. Document filed by MaryAnn DeRico..(Lowe, Christopher) |
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Filing 73
ORDER granting #72 Letter Motion for Extension of Time: The parties' deadline to submit a joint letter regarding settlement and/or mediation is extended to 3/2/2020. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (srs)
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| Filing 72 CONSENT LETTER MOTION for Extension of Time to File Joint Letter Re: Mediation addressed to Judge Vincent L. Briccetti from Christopher Lowe dated February 20, 2020. Document filed by MaryAnn DeRico..(Lowe, Christopher) |
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Filing 71
ORDER FOR ADMISSION PRO HAC VICE granting #70 Motion for Byrne J. Decker to Appear Pro Hac Vice. (Signed by Judge Vincent L. Briccetti on 2/6/2020) (jwh)
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| Filing 70 MOTION for Byrne J. Decker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18711609. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Liberty Life Assurance Company of Boston. (Attachments: #1 Affidavit of Byrne J. Decker, #2 Exhibit Certificate of Good Standing (MA), #3 Exhibit Certificate of Good Standing (ME), #4 Exhibit Certificate of Good Standing (NH), #5 Text of Proposed Order).(Decker, Byrne) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #70 MOTION for Byrne J. Decker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18711609. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
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Filing 69
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). The case is to be tried to a jury for all Plaintiff's claims against Defendants, except for Plaintiffs ERISA claims against Defendant Liberty Life Assurance Company of Boston. Motions due by 2/14/2020. Non-expert depositions shall be completed by 05/15/2020. Expert Deposition due by 7/3/2020. Fact Discovery due by 6/5/2020. Expert Discovery due by 7/3/2020. Discovery due by 7/3/2020. Case Management Conference set for 7/8/2020 at 12:30 PM before Judge Vincent L. Briccetti. 16. By 2/24/2020, counsel shall submit joint letter regarding settlement and/or mediation. The parties have conferred and their present best estimate of the length of the trial is 2 weeks. (Signed by Judge Vincent L. Briccetti on 1/23/2020) (mml)
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Initial Pretrial Conference held on 1/23/2020. Case management plan signed. Joint letter by 2-24-20 regarding settlement due. Next conference is scheduled 7-8-20 at 12:30 p.m. (dh) |
| Filing 68 NOTICE OF APPEARANCE by Christina Marie Schmid on behalf of Liberty Life Assurance Company of Boston. (Schmid, Christina) |
| Filing 67 NOTICE OF INITIAL CONFERENCE: Initial Conference set for 1/23/2020 at 11:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (mml) |
| Filing 66 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Takeda Pharmaceutical Company Limited for Shire US, Inc., Shire Viropharma Incorporated, Shire, PLC., Takeda Pharmaceuticals International, Inc., Takeda Pharmaceuticals U.S.A., Inc.. Document filed by Shire US, Inc., Shire Viropharma Incorporated, Shire, PLC., Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals International, Inc., Takeda Pharmaceuticals U.S.A., Inc..(Huff, Sarah) |
| Filing 65 ANSWER to #57 Amended Complaint,. Document filed by David Peckman, Shire US, Inc., Shire Viropharma Incorporated, Shire, PLC., Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals International, Inc., Takeda Pharmaceuticals U.S.A., Inc..(Linthorst, Thomas) |
| Filing 64 ANSWER to #57 Amended Complaint,. Document filed by Liberty Life Assurance Company of Boston.(Citron, Evan) |
| Filing 63 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Lincoln National Corporation, Other Affiliate The Lincoln Natoinal Life Insurance Company for Liberty Life Assurance Company of Boston. Document filed by Liberty Life Assurance Company of Boston.(Citron, Evan) |
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Filing 62
ORDER granting #60 Letter Motion for Extension of Time to Answer: Shire Defendants' time to answer, move, or otherwise respond to the amended complaint is extended to 12/19/2019. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (srs)
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| Filing 61 NOTICE OF APPEARANCE by Sarah Huff on behalf of David Peckman, Shire US, Inc., Shire Viropharma Incorporated, Shire, PLC., Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals International, Inc., Takeda Pharmaceuticals U.S.A., Inc.. (Huff, Sarah) |
| Filing 60 LETTER MOTION for Extension of Time to File Answer re: #57 Amended Complaint, addressed to Judge Vincent L. Briccetti from Thomas A. Linthorst dated November 15, 2019. Document filed by David Peckman, Shire US, Inc., Shire Viropharma Incorporated, Shire, PLC., Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals International, Inc., Takeda Pharmaceuticals U.S.A., Inc..(Linthorst, Thomas) |
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Filing 59
ORDER granting #58 Letter Motion for Extension of Time to Answer: Defendant Liberty's time to answer, move, or otherwise respond to the amended complaint is extended to 12/19/2019. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (srs)
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| Filing 58 FIRST LETTER MOTION for Extension of Time to File Answer re: #57 Amended Complaint, addressed to Judge Vincent L. Briccetti from Evan B. Citron dated November 5, 2019. Document filed by Liberty Life Assurance Company of Boston.(Citron, Evan) |
| Filing 57 AMENDED COMPLAINT amending #1 Complaint,, against Liberty Life Assurance Company of Boston, David Peckman, Shire US, Inc., Shire Viropharma Incorporated, Shire, PLC., Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals International, Inc., Takeda Pharmaceuticals U.S.A., Inc. with JURY DEMAND.Document filed by MaryAnn DeRico. Related document: #1 Complaint,,.(Lowe, Christopher) |
| Filing 56 WAIVER OF SERVICE RETURNED EXECUTED. David Peckman waiver sent on 9/17/2019, answer due 11/18/2019. Document filed by MaryAnn DeRico. (Dostanitch, Milana) |
| Filing 55 WAIVER OF SERVICE RETURNED EXECUTED. Takeda Pharmaceuticals U.S.A., Inc. waiver sent on 9/17/2019, answer due 11/18/2019. Document filed by MaryAnn DeRico. (Dostanitch, Milana) |
| Filing 54 WAIVER OF SERVICE RETURNED EXECUTED. Shire US, Inc. waiver sent on 9/17/2019, answer due 11/18/2019. Document filed by MaryAnn DeRico. (Dostanitch, Milana) |
| Filing 53 WAIVER OF SERVICE RETURNED EXECUTED. Shire, PLC. waiver sent on 9/17/2019, answer due 11/18/2019. Document filed by MaryAnn DeRico. (Dostanitch, Milana) |
| Filing 52 WAIVER OF SERVICE RETURNED EXECUTED. Takeda Pharmaceuticals International, Inc. waiver sent on 9/17/2019, answer due 11/18/2019. Document filed by MaryAnn DeRico. (Dostanitch, Milana) |
| Filing 51 WAIVER OF SERVICE RETURNED EXECUTED. Takeda Pharmaceutical Company Limited waiver sent on 9/17/2019, answer due 11/18/2019. Document filed by MaryAnn DeRico. (Dostanitch, Milana) |
| Filing 50 WAIVER OF SERVICE RETURNED EXECUTED. Shire Viropharma Incorporated waiver sent on 9/17/2019, answer due 11/18/2019. Document filed by MaryAnn DeRico. (Dostanitch, Milana) |
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Filing 49
ORDER granting #48 Letter Motion for Extension of Time to Answer: Defendant Liberty Life's time to answer, move, or otherwise respond to the complaint is extended to 10/31/2019. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (srs)
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| Filing 48 SECOND LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge Vincent L. Briccetti from Evan B. Citron dated October 8, 2019. Document filed by Liberty Life Assurance Company of Boston.(Citron, Evan) |
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Filing 47
PARTIAL STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE: Now come Plaintiff Maryann DeRico and Defendants Liberty Life Assurance Company of Boston ("Liberty Life"), Lincoln National Corporation, The Lincoln National Life Insurance Company, Liberty Mutual Group Inc., and Liberty Mutual Insurance Company, and through counsel, stipulate to dismiss from this matter, without prejudice and with each party to bear its own costs and fees, Defendants Lincoln National Corporation, The Lincoln National Life Insurance Company, Liberty Mutual Group, Inc., and Liberty Mutual Insurance Company under Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk shall terminate defendants Lincoln National Corporation, The Lincoln National Life Insurance Company, Liberty Mutual Group Inc., and Liberty Mutual Insurance Company, from the docket. SO ORDERED. Lincoln National Corporation, The Lincoln National Life Insurance Company, Liberty Mutual Group Inc. and Liberty Mutual Insurance Company terminated. (Signed by Judge Vincent L. Briccetti on 10/4/2019) (mml) Modified on 11/13/2019 (mml).
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| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #46 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Vincent L. Briccetti for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 46 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, without prejudice against the defendant(s) Liberty Life Assurance Company of Boston and without costs. Document filed by Liberty Life Assurance Company of Boston, Lincoln National Corporation, Liberty Mutual Group Inc., Liberty Mutual Insurance Company, The Lincoln National Life Insurance Company. Proposed Order to be reviewed by Clerk's Office staff..(Citron, Evan) |
| Filing 45 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - 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, without prejudice against the defendant(s) Liberty Life Assurance Company of Boston and without costs. Document filed by Liberty Life Assurance Company of Boston, Lincoln National Corporation, Liberty Mutual Group Inc., Liberty Mutual Insurance Company, The Lincoln National Life Insurance Company. Proposed Order to be reviewed by Clerk's Office staff..(Citron, Evan) Modified on 10/2/2019 (dt). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Evan Citron. RE-FILE Document No. #45 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed (Signatures) by the attorneys. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (dt) |
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Filing 44
ORDER granting #43 Letter Motion for Extension of Time to Answer: The time for defendants The Lincoln National Corporation, The Lincoln National Life Insurance Company, Liberty Life Assurance Company of Boston, Liberty Mutual Group, Inc., and Liberty Mutual Insurance Company (the "Liberty and Lincoln Defendants") to answer, move, or otherwise respond is extended to 10/10/2019. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (del)
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| Filing 43 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge Vincent L. Briccetti from Evan B. Citron dated September 9, 2019. Document filed by Liberty Life Assurance Company of Boston, Liberty Mutual Group Inc., Liberty Mutual Insurance Company, Lincoln National Corporation, The Lincoln National Life Insurance Company.(Citron, Evan) |
| Filing 42 NOTICE OF APPEARANCE by Evan Benjamin Citron on behalf of Liberty Life Assurance Company of Boston, Liberty Mutual Group Inc., Liberty Mutual Insurance Company, Lincoln National Corporation, The Lincoln National Life Insurance Company. (Citron, Evan) |
| Filing 41 ELECTRONIC SUMMONS ISSUED as to Takeda Pharmaceuticals U.S.A., Inc.. (dnh) |
| Filing 40 ELECTRONIC SUMMONS ISSUED as to Takeda Pharmaceuticals International, Inc.. (dnh) |
| Filing 39 REQUEST FOR ISSUANCE OF SUMMONS as to Takeda Pharmaceuticals U.S.A., Inc., re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) |
| Filing 38 REQUEST FOR ISSUANCE OF SUMMONS as to Takeda Pharmaceuticals International, Inc., re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) |
| Filing 37 ELECTRONIC SUMMONS ISSUED as to Shire US, Inc.. (dnh) |
| Filing 36 ELECTRONIC SUMMONS ISSUED as to Shire, PLC.. (dnh) |
| Filing 35 ELECTRONIC SUMMONS ISSUED as to Shire Viropharma Incorporated. (dnh) |
| Filing 34 ELECTRONIC SUMMONS ISSUED as to The Lincoln National Life Insurance Company. (dnh) |
| Filing 33 ELECTRONIC SUMMONS ISSUED as to Takeda Pharmaceutical Company Limited. (dnh) |
| Filing 32 ELECTRONIC SUMMONS ISSUED as to Lincoln National Corporation. (dnh) |
| Filing 31 ELECTRONIC SUMMONS ISSUED as to Liberty Mutual Insurance Company. (dnh) |
| Filing 30 ELECTRONIC SUMMONS ISSUED as to Liberty Mutual Group Inc.. (dnh) |
| Filing 29 ELECTRONIC SUMMONS ISSUED as to Liberty Life Assurance Company of Boston. (dnh) |
| Filing 28 ELECTRONIC SUMMONS ISSUED as to David Peckman. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher Howard Lowe to RE-FILE Document No. #23 Request for Issuance of Summons, #22 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the defendant name listed on the summons PDF and in the docket entry must exactly match the party of record. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 27 REQUEST FOR ISSUANCE OF SUMMONS as to Shire Us, Inc., re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) |
| Filing 26 REQUEST FOR ISSUANCE OF SUMMONS as to Shire, Plc., re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) |
| Filing 25 REQUEST FOR ISSUANCE OF SUMMONS as to Shire Viropharma Incorporated, re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) |
| Filing 24 REQUEST FOR ISSUANCE OF SUMMONS as to The Lincoln National Life Insurance Company, re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) |
| Filing 23 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Takeda Pharmaceutical U.S.A., Inc., re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) Modified on 7/31/2019 (dnh). |
| Filing 22 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Takeda Pharmaceutical International, Inc., re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) Modified on 7/31/2019 (dnh). |
| Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Takeda Pharmaceutical Company Limited, re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) |
| Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to Lincoln National Corporation, re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Liberty Mutual Insurance Company, re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Liberty Mutual Group Inc., re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Liberty Life Assurance Company of Boston, re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to David Peckman, re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) |
| Filing 15 NOTICE OF APPEARANCE by Milana Dostanitch on behalf of MaryAnn DeRico. (Dostanitch, Milana) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher Howard Lowe to RE-FILE Document No. #5 Request for Issuance of Summons, #9 Request for Issuance of Summons, #4 Request for Issuance of Summons, #11 Request for Issuance of Summons, #6 Request for Issuance of Summons, #10 Request for Issuance of Summons, #14 Request for Issuance of Summons, #12 Request for Issuance of Summons, #13 Request for Issuance of Summons, #8 Request for Issuance of Summons, #7 Request for Issuance of Summons, #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the caption on the summons PDF must exactly match the caption on the pleading. Do not abbreviate party names. If the entire caption does not fit, list the leading defendant followed by 'et al'. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Takeda Pharmaceutical International, Inc., re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) Modified on 7/30/2019 (dnh). |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Takeda Pharmaceutical U.S.A., Inc., re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) Modified on 7/30/2019 (dnh). |
| Filing 12 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Takeda Pharmaceutical Company Limited, re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) Modified on 7/30/2019 (dnh). |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Liberty Mutual Insurance Company, re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) Modified on 7/30/2019 (dnh). |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Liberty Mutual Group Inc., re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) Modified on 7/30/2019 (dnh). |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Liberty Life Assurance Company of Boston, re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) Modified on 7/30/2019 (dnh). |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The Lincoln National Life Insurance Company, re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) Modified on 7/30/2019 (dnh). |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to LINCOLN NATIONAL CORPORATION, re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) Modified on 7/30/2019 (dnh). |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to David Peckman, re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) Modified on 7/30/2019 (dnh). |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to SHIRE VIROPHARMA INCORPORATED, re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) Modified on 7/30/2019 (dnh). |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to SHIRE US, INC., re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) Modified on 7/30/2019 (dnh). |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to SHIRE, PLC., re: #1 Complaint,,. Document filed by MaryAnn DeRico. (Lowe, Christopher) Modified on 7/30/2019 (dnh). |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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. (sj) |
| 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 2 CIVIL COVER SHEET filed. (Lowe, Christopher) |
| Filing 1 COMPLAINT against Liberty Life Assurance Company of Boston, Liberty Mutual Group Inc., Liberty Mutual Insurance Company, Lincoln National Corporation, David Peckman, Shire US, Inc., Shire Viropharma Incorporated, Shire, PLC., Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals International, Inc., Takeda Pharmaceuticals U.S.A., Inc., The Lincoln National Life Insurance Company. (Filing Fee $ 400.00, Receipt Number ANYSDC-17280200)Document filed by MaryAnn DeRico.(Lowe, Christopher) |
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