BOVA v. ABBOTT LABORATORIES, INC. et al
| DAVID J. BOVA |
| ABBOTT LABORATORIES, INC., MARLON SULLIVAN, ABBVIE, INC. and KOS PHARMACEUTICALS, INC. |
| 1:2021cv00274 |
| April 1, 2021 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| WILLIAM L OSTEEN |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Plaintiff |
Docket Report
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Filing 43
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 07/18/2022, that Plaintiff's Consent Motion to Extend Stay, (Doc. #42 ), is GRANTED and the stay of this matter is hereby extended for an additional thirty days, up to and including August 14, 2022. (Bowers, Alexis)
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Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: #42 Consent MOTION for Extension of Time for Stay. (Daniel, J)
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Filing 42
Consent MOTION for Extension of Time for Stay by DAVID J. BOVA. (Attachments: #1 Exhibit 1 (06.10.2022 Email), #2 Exhibit 2 (07.05.2022 Letter), #3 Exhibit 3 (07.14.2022 Letter))(BATEMAN, VALERIE)
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Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-1: Motion Hearing held on 5/16/2022 re: #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ABBOTT LABORATORIES, INC., MARLON SULLIVAN, #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by KOS PHARMACEUTICALS, INC., ABBVIE, INC., and #33 MOTION to Amend #29 Response in Opposition to Motion to Dismiss filed by DAVID J. BOVA. The following attorneys' participated on behalf of their respective clients: Valerie Bateman, Joseph Torres, Sara Higgins, Jennifer Beach, Michael Mitchell, and Stephanie Scharf. Court heard arguments from the parties. For the reasons stated on the record, the Court defers action on the Motions to Dismiss for a period of 60 days to give the parties time to meet and discuss matters raised during the Hearing. (Court Reporter Joseph Armstrong.) (Daniel, J)
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Filing 41
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 05/03/2022, that Defendants' motion to continue hearing, (Doc. #40 ), is GRANTED and that the motions hearing shall be continued from May 6, 2022 until May 16, 2022 at 2:00 p.m. in Greensboro, Courtroom 3. (Bowers, Alexis)
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Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: #40 Consent MOTION to Continue Hearing Scheduled for 5.6.22. (Daniel, J)
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Reset Hearings: Motion Hearing set for 5/16/2022 02:00 PM in Greensboro Courtroom #3 before JUDGE WILLIAM L. OSTEEN JR. (Bowers, Alexis)
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Filing 40
Consent MOTION to Continue Hearing Scheduled for 5.6.22 by ABBOTT LABORATORIES, INC., MARLON SULLIVAN. (Attachments: #1 Text of Proposed Order)(HIGGINS, SARA)
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Filing 39
NOTICE of Hearing: Motions Hearing set for 5/6/2022 at 2:00 PM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR., re: #17 Motion to Dismiss for Failure to State a Claim, #22 Motion to Dismiss for Failure to State a Claim, and #33 Motion to Amend #29 Response. (Daniel, J)
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Motion No Longer Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: #33 MOTION to Amend #29 Response. (Daniel, J)
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Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: #33 MOTION to Amend #29 Response. (Daniel, J)
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Filing 38
NOTICE of Special Appearance by attorney JOSEPH J. TORRES on behalf of Defendants ABBOTT LABORATORIES, INC., MARLON SULLIVAN ( Filing fee $ 25 receipt number 0418-3205530.) (TORRES, JOSEPH)
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Filing 37
RESPONSE filed by Defendants ABBOTT LABORATORIES, INC., MARLON SULLIVAN re #33 MOTION to Amend #29 Response in Opposition to Motion, to Dismiss by Defendants filed by DAVID J. BOVA filed by ABBOTT LABORATORIES, INC., MARLON SULLIVAN. (BEACH, JENNIFER)
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Filing 36
NOTICE of Change of Address by VALERIE L. BATEMAN (BATEMAN, VALERIE)
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Filing 35
RESPONSE in Opposition re #33 MOTION to Amend #29 Response in Opposition to Motion, to Dismiss by Defendants filed by DAVID J. BOVA filed by ABBVIE, INC., KOS PHARMACEUTICALS, INC.. Replies due by 1/5/2022 (MITCHELL, MICHAEL)
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Filing 34
NOTICE of Change of Address by VALERIE L. BATEMAN (BATEMAN, VALERIE)
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Filing 33
MOTION to Amend #29 Response in Opposition to Motion, to Dismiss by Defendants by DAVID J. BOVA. Response to Motion due by 1/3/2022 (Attachments: #1 Exhibit Proposed Amended or Supplemental Response to Defendants' MTD, #2 Text of Proposed Order)(BATEMAN, VALERIE)
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Filing 32
REPLY, filed by Defendants ABBOTT LABORATORIES, INC., MARLON SULLIVAN, to Response to #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ABBOTT LABORATORIES, INC., MARLON SULLIVAN. (Attachments: #1 Appendix Unpublished Cases, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(HIGGINS, SARA)
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Filing 31
REPLY, filed by Defendants ABBVIE, INC., KOS PHARMACEUTICALS, INC., to Response to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ABBVIE, INC., KOS PHARMACEUTICALS, INC.. (MITCHELL, MICHAEL)
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Filing 30
NOTICE of Special Appearance by attorney JENNIFER T. BEACH on behalf of Defendants ABBOTT LABORATORIES, INC., MARLON SULLIVAN ( Filing fee $ 25 receipt number 0418-3178295.) (BEACH, JENNIFER)
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Filing 29
RESPONSE in Opposition re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ABBOTT LABORATORIES, INC., MARLON SULLIVAN; #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ABBVIE, INC., KOS PHARMACEUTICALS, INC filed by DAVID J. BOVA. Replies due by 12/10/2021 (Attachments: #1 Exhibit Kos & Abbott Merger and Acquisition Agreement) (BATEMAN, VALERIE) Modified on 12/13/2021 to add link to additional motion. (Sheets, Jamie)
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Filing 28
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 11/10/2021. Plaintiff's motion for extension (Doc. #25 ), is GRANTED and Plaintiff shall have up to and including November 12, 2021 within which to respond to Defendants' motion to dismiss. FURTHER that Defendants shall have up to and including December 10, 2021 within which to file a reply to Plaintiff's response. (Daniel, J)
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Motion Submitted re: #25 Consent MOTION for Extension of Time to File Response/Reply as to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
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Filing 27
NOTICE of Attorney Appearance by attorney STEPHANIE A. SCHARF on behalf of Defendants ABBVIE, INC., KOS PHARMACEUTICALS, INC. (SCHARF, STEPHANIE)
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Filing 26
***FILED IN ERROR*** NOTICE of Special Appearance by attorney MICHAEL W. MITCHELL on behalf of Defendants ABBVIE, INC., KOS PHARMACEUTICALS, INC. ( Filing fee $ 25 receipt number 0418-3162269.) (MITCHELL, MICHAEL) Modified on 10/28/2021 to mark as filed in error and remove from docket. Since fee has been paid special counsel will file Notice of Appearance. (Hicks, Samantha)
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Filing 25
Consent MOTION for Extension of Time to File Response/Reply as to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DAVID J. BOVA. (Attachments: #1 Text of Proposed Order proposed Order)(BATEMAN, VALERIE)
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Filing 24
Corporate Disclosure Statement by ABBOTT LABORATORIES, INC.. (HIGGINS, SARA)
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Filing 23
MEMORANDUM filed by Defendants ABBVIE, INC., KOS PHARMACEUTICALS, INC. re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ABBVIE, INC., KOS PHARMACEUTICALS, INC.. (Attachments: #1 Exhibit Ex. 1 Abbott Severance Plan)(MITCHELL, MICHAEL)
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Filing 22
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ABBVIE, INC., KOS PHARMACEUTICALS, INC.. Response to Motion due by 10/22/2021 (MITCHELL, MICHAEL)
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Filing 21
Corporate Disclosure Statement by ABBVIE, INC., KOS PHARMACEUTICALS, INC.. (MITCHELL, MICHAEL)
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Filing 20
Corporate Disclosure Statement by ABBVIE, INC., KOS PHARMACEUTICALS, INC.. (MITCHELL, MICHAEL)
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Filing 19
NOTICE of Attorney Appearance by attorney MICHAEL W. MITCHELL on behalf of Defendants ABBVIE, INC., KOS PHARMACEUTICALS, INC. (MITCHELL, MICHAEL)
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Filing 18
MEMORANDUM in Support filed by ABBOTT LABORATORIES, INC., MARLON SULLIVAN re: #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Attachments: #1 Declaration of Kathy Gernady, #2 Appendix Appendix of Unpublished Cases, #3 Exhibit 1 (Buchanan v. Fairfield Resorts), #4 Exhibit 2 (Clark v. EI Dupont De Nemours), #5 Exhibit 3 (Cole v. Champion Enterprises), #6 Exhibit 4 (Crane v. Hartford Life), #7 Exhibit 5 (Dahl v. Aerospace Employees Retirement Plan), #8 Exhibit 6 (Figlioli v. Liberty Life), #9 Exhibit 7 (Gleichert v. AT&T), #10 Exhibit 8 (Gluth v. Wal-Mart Stores), #11 Exhibit 9 (Harleysville Life Ins. v. Harrelson), #12 Exhibit 10 (Haywood v. Caretta Minerals), #13 Exhibit 11 (Jones v. General Electric), #14 Exhibit 12 (Jones v. Stafford), #15 Exhibit 13 (Laska v. Abbott Severance Pay Plan), #16 Exhibit 14 (Millennium Healthcare of Clifton v. Aetna), #17 Exhibit 15 (Packrite v. Graphic Packaging Int'l(, #18 Exhibit 16 (Patten v. John Hancock Life), #19 Exhibit 17 (Pierce v. Security Trust Life), #20 Exhibit 18 (Saeger v. James M. Walter Profit Sharing Plan), #21 Exhibit 19 (Valderrama v. Honeywell TSI Aerospace Svcs.), #22 Exhibit 20 (Wozniak v. STA of Baltimore))(HIGGINS, SARA) Modified docket text to reflect Memorandum and termed response deadline 10/1/2021. (Daniel, J)
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Filing 17
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ABBOTT LABORATORIES, INC., MARLON SULLIVAN. Response to Motion due by 10/22/2021 (HIGGINS, SARA)
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Filing 16
ACCEPTANCE OF SERVICE of summons and complaint by counsel Laura Brake on behalf of Kos Pharmaceuticals on 09.30.2021. on Acceptance of Service by counsel. (BATEMAN, VALERIE)
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Filing 15
NOTICE of Attorney Appearance by attorney SARA WYCHE HIGGINS on behalf of Defendants ABBOTT LABORATORIES, INC., MARLON SULLIVAN (HIGGINS, SARA)
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Filing 14
**FILED IN ERROR** NOTICE of Attorney Appearance by attorney SARA WYCHE HIGGINS on behalf of Defendants ABBOTT LABORATORIES, INC., ABBVIE, INC., KOS PHARMACEUTICALS, INC., MARLON SULLIVAN (HIGGINS, SARA) Modified on 9/29/2021 to mark filed in error - to be refiled by correct attorney using correct event. (Sheets, Jamie)
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Filing 13
**FILED IN ERROR** NOTICE of Attorney Appearance by attorney SARA WYCHE HIGGINS on behalf of Defendants ABBOTT LABORATORIES, INC., ABBVIE, INC., KOS PHARMACEUTICALS, INC., MARLON SULLIVAN (HIGGINS, SARA) Modified on 9/29/2021 to mark filed in error - to be refiled by correct attorney using correct event. (Sheets, Jamie)
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Filing 11
Corrected document re #9 Waiver of Service Executed. (BATEMAN, VALERIE)
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Filing 10
Corrected document re #8 Waiver of Service Executed. (BATEMAN, VALERIE)
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Filing 9
WAIVER OF SERVICE Returned Executed by DAVID J. BOVA. MARLON SULLIVAN waiver sent on 8/2/2021, answer due 10/1/2021. (BATEMAN, VALERIE)
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Filing 8
WAIVER OF SERVICE Returned Executed by DAVID J. BOVA. ABBOTT LABORATORIES, INC. waiver sent on 8/2/2021, answer due 10/1/2021. (BATEMAN, VALERIE)
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Filing 7
CERTIFICATE OF SERVICE by DAVID J. BOVA re #6 Amended Complaint (BATEMAN, VALERIE)
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Filing 6
AMENDED COMPLAINT against defendant All Defendants, filed by DAVID J. BOVA.(BATEMAN, VALERIE)
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Filing 5
WAIVER OF SERVICE of SUMMONS by DAVID J. BOVA. ABBVIE, INC. waiver sent on 6/18/2021, answer due 8/17/2021. (BATEMAN, VALERIE)
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Filing 4
Summons Reissued as to ABBVIE, INC. (Hicks, Samantha)
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Filing 3
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie)
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Filing 2
Summons Issued as to ABBOTT LABORATORIES, INC., ABBVIE, INC., KOS PHARMACEUTICALS, INC., MARLON SULLIVAN. (Attachments: #1 Summons - AbbVie, Inc., #2 Summons - Kos Pharmaceuticals, Inc., #3 Summons - Marlon Sullivan) (Sheets, Jamie)
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Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE L. PATRICK AULD. (Sheets, Jamie)
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CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Sheets, Jamie)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0418-3021113.), filed by DAVID J BOVA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(BATEMAN, VALERIE)
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