English, et al v. Bayer, Corp. et al
| Angel Scott, Kammie Mincher and Bridget English |
| Bayer Healthcare, LLC, Bayer, Corp., BAYER HEALTHCARE PHARMACEUTICALS, INC. and Bayer Essure, Inc. |
| 6:2019cv06615 |
| August 21, 2019 |
| US District Court for the Western District of New York |
| Michael A. Telesca |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 10 AFFIDAVIT of Service for Affd of Due Diligence served on Bayer Essure Inc on 09/24/2019, filed by Bridget English. (Smith, Jarrod) |
| Filing 9 AFFIDAVIT of Service for Affidavits of Service served on Bayer Companies on 09/17/2019, filed by Bridget English. (Attachments: #1 Affidavit, #2 Affidavit)(Smith, Jarrod) |
| NOTICE: Set/Reset Deadlines as to #8 MOTION to Stay and for Costs Pending Compliance Under FRCP 41(d), #7 MOTION to Dismiss Under Fed. R. Civ. P. 8 and 12(b)(6). Responses due by 10/24/2019. Replies due by 10/31/2019. Motions will be submitted without oral argument on 11/13/2019 before Hon. Michael A. Telesca. No court appearances are required. (JMC) |
| Filing 8 MOTION to Stay and for Costs Pending Compliance Under FRCP 41(d) by Bayer Healthcare Pharmaceuticals, Inc., Bayer, Corp.. (Attachments: #1 Memorandum in Support)(Quinn, Vivian) |
| Filing 7 MOTION to Dismiss Under Fed. R. Civ. P. 8 and 12(b)(6) by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare, LLC, Bayer, Corp.. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A - PMA Order, #3 Exhibit B - Summary of Safety and Effectiveness Data, #4 Exhibit C - PMA Supplements 1-10-19, #5 Exhibit D - Regulary History 9-4-19, #6 Exhibit E - 2002 IFU, #7 Exhibit F - 2016 IFU, #8 Exhibit G - FDA Activities 9-4-19, #9 Exhibit H - 8-2-2016 Lance Order of Preemption, #10 Exhibit I - 4-12-2017 Journey Order on Demurrer, #11 Exhibit J - 3-28-2018 Order on Summary Adjudication, #12 Exhibit K - 3-28-2018 Order on Demurrer and Motion to Strike, #13 Exhibit L - Medali Demurrer to Complaint Sustained, #14 Exhibit M - Noris, #15 Exhibit N - 2008 IFU, #16 Exhibit O - 2011 IFU, #17 Exhibit P - 2008 PIB, #18 Exhibit Q - 2012 PIB, #19 Exhibit R - 2015 PIB, #20 Exhibit S - Citizen Petition, #21 Memorandum in Support)(Quinn, Vivian) |
| Filing 6 Letter filed by Bayer, Corp., Bayer Healthcare, LLC, Bayer Healthcare Pharmaceuticals, Inc. as to Bayer Essure, Inc., Bayer, Corp., Bayer Healthcare, LLC, Bayer Healthcare Pharmaceuticals, Inc. Pursuant to Local Rule 5.1, Notification of Prior Action. (Quinn, Vivian) |
| Filing 5 Corporate Disclosure Statement by Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare, LLC, Bayer, Corp. identifying Corporate Parent Bayer AG for Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare, LLC, Bayer, Corp... (Quinn, Vivian) |
| Filing 4 NOTICE of Appearance by Vivian M. Quinn on behalf of Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare, LLC, Bayer, Corp. (Quinn, Vivian) |
| Filing 3 NOTICE of Appearance by Tracey B. Scarpello on behalf of Bayer Healthcare Pharmaceuticals, Inc., Bayer Healthcare, LLC, Bayer, Corp. (Scarpello, Tracey) |
| Filing 2 Summons Issued as to BAYER HEALTHCARE PHARMACEUTICALS, INC., Bayer Essure, Inc., Bayer Healthcare, LLC, Bayer, Corp. (LB) |
| Case assigned to Hon. Michael A. Telesca. Notification to chambers of online civil opening. (LB) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution (LB) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (LB) |
| Remark: Notified Multi-District Litigation Panel of potential tag-along case. (LB) |
| Filing 1 COMPLAINT against BAYER HEALTHCARE PHARMACEUTICALS, INC., Bayer Essure, Inc., Bayer Healthcare, LLC, Bayer, Corp. $ 400 receipt number 0209-3561278, filed by Bridget English, Kammie Mincher, Angel Scott. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Ex A, #3 Exhibit Ex B, #4 Exhibit Ex C, #5 Exhibit Ex D, #6 Exhibit Ex E, #7 Exhibit Ex F, #8 Exhibit Ex G, #9 Exhibit Proposed Summons)(Smith, Jarrod) |
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