Mason v. TAP Pharmaceuticals Products, Inc. et al
Plaintiff: Valerie Mason
Defendant: TAP Pharmaceutical Products, Inc., Takeda Pharmaceuticals U.S.A., Inc. and Kaiser Foundation Health Plan, Inc.
Case Number: 1:2015cv01283
Filed: June 26, 2015
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Cuyahoga
Presiding Judge: Dan Aaron Polster
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. ยง 1446
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 21, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 21, 2016 Filing 39 Appeal Order from US Supreme Court: The petition for a writ of certiorari is denied re #38 (No. 16-5665) (H,SP)
August 29, 2016 Filing 38 Appeal Remark from US Supreme Court: The petition for a writ of certiorari was filed on 8/9/16 and placed on the docket 8/19/16 as No. 16-5665 (H,SP)
May 27, 2016 Filing 37 True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's judgment re Notice of Appeals #23 and #28 (USCA# 15-3941 & 15-4054). Date issued as mandate 5/27/16, Costs: None (H,SP)
October 8, 2015 Filing 35 Letter addressed to Chief Judge Solomon Oliver filed by Valerie Mason. Related document(s) #32 , #34 . (Attachments: #1 Affidavit signed by Valerie and Elizabeth Mason, #2 Motion to Recuse with attachments)(R,Sh)
October 6, 2015 Opinion or Order Filing 34 Order denying Plaintiff's Motion to recuse judicial officer (Related Doc #32 ). Judge Dan Aaron Polster on 10/6/15.(P,R)
October 6, 2015 Opinion or Order Order [non-document] denying as moot Plaintiff's Motion to appeal in forma pauperis (Related Doc #33 ). Case is already on appeal Judge Dan Aaron Polster on 10/6/15.(P,R)
October 6, 2015 Copy of Order on Motion to appeal in forma pauperis and #34 Order on Motion to recuse judicial officer mailed to Plaintiff on 10/6/15.(P,R)
October 2, 2015 Filing 33 Motion (Application) to appeal in forma pauperis filed by Plaintiff Valerie Mason. Related document(s) #28 . (R,Sh)
October 2, 2015 Filing 32 Motion to recuse Honorable Dan A. Polster filed by Plaintiff Valerie Mason. (Attachments: #1 Affidavit of Recuse/Good Faith, #2 Exhibits)(M, S)
October 1, 2015 Filing 31 Acknowledgment from the USCA for Sixth Circuit of receipt of #28 Notice of Appeal (USCA# 15-4054). Date filed in USCA 9/29/15. (H,SP)
September 28, 2015 Filing 30 Marginal Entry Order denying Plaintiff's Motion for reconsideration. Related Doc #29 . Judge Dan Aaron Polster on 9/28/15.(P,R)
September 28, 2015 Copy of #30 Order on Motion for reconsideration mailed to Plaintiff on 9/28/15. Related document(s) #30 . (P,R)
September 25, 2015 Filing 29 Motion for reconsideration filed by Plaintiff Valerie Mason.(Related document(s) #27 ). (H,SP)
September 25, 2015 Filing 28 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #27 Order of 9/18/15, filed by Valerie Mason. Filing fee not paid. (H,SP)
September 18, 2015 Opinion or Order Filing 27 Order of Case Dismissal with prejudice. Judge Dan Aaron Polster on 9/18/15. (G,CA)
September 18, 2015 Copy of #27 Order Dismissing Case mailed to Valerie Mason 14050 Cedar Rd. Apt. 209 University Heights, OH 44118. Related document(s) #27 . (G,CA)
September 17, 2015 Filing 26 Brief in Support of Plaintiff's relevant claims against Kaiser Foundation Health Plan to show cause not to dismiss pending civil litigation filed by Valerie Mason. (R,Sh)
September 2, 2015 Copy of Order on Motion to appeal in forma pauperis mailed to Plaintiff on 9/2/14. (P,R)
September 2, 2015 Opinion or Order Order [non-document] granting Plaintiff's Motion to appeal in forma pauperis (Related Doc #24 ). Judge Dan Aaron Polster on 9/2/15.(P,R)
September 1, 2015 Filing 25 Acknowledgment from the USCA for Sixth Circuit of receipt of #23 Notice of Appeal (USCA# 15-3941). Date filed in USCA 8/31/15. (H,SP)
August 28, 2015 Filing 24 Application to proceed without prepayment of fees filed by Plaintiff Valerie Mason. (Related document(s) #23 ). (H,SP)
August 28, 2015 Filing 23 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #21 Opinion and Order of 8/17/15, filed by Valerie Mason. Filing fee not paid. (H,SP)
August 19, 2015 Filing 22 Show Cause Order directing Plaintiff Valerie Mason to file a concise brief no later than September 17, 2015 responding directly to the Court's tentative rulings and show cause why her claim or claims against Kaiser should not be dismissed. Kaiser is directed to file a response brief no later than September 30, 2015. Judge Dan A. Polster(C,KA)
August 19, 2015 Copy of #22 mailed to Valerie Mason 14050 Cedar Rd., Apt. 209, University Heights, OH 44118. (C,KA)
August 17, 2015 Opinion or Order Filing 21 Order granting defendants' Motion to dismiss for failure to state a claim (Related Doc #15 ), dismissing the claims against the TAP defendants w/prejudice. Judge Dan A. Polster (C,KA)
August 12, 2015 Filing 20 Response (Answer to Defendants' Motion in Opposition for Plaintiff to Amend Complaint) filed by Valerie Mason. (Attachments: #1 Exhibit- Approval Package)Related document(s) #19 .(R,Sh) (Additional attachment(s) added on 8/13/2015: #2 Response (Corrected to remove blank pages)) (R,Sh).
August 12, 2015 Copy of Order on Motion to amend mailed to Plaintiff on 8/12/15. (P,R)
August 12, 2015 Opinion or Order Order [non-document] granting Plaintiff's Motion to Amend both Defendants' Name and Addresses complaint (Related Doc #5 ). Judge Dan Aaron Polster on 8/12/15.(P,R)
August 11, 2015 Filing 19 Opposition to plaintiff's motion for leave to amend her complaint filed by TAP Pharmaceutical Products, Inc., Takeda Pharmaceuticals U.S.A., Inc. Related document(s) #17 , #16 . (Attachments: #1 Exhibit A (Lupron Depot 3.75 mg PDR Label), #2 Exhibit B (Darvocet-N PDR Label), #3 Exhibit C (Anaprox PDR Label)) (Mendelsohn, Courtney)
August 7, 2015 Filing 18 Addendum: Sexual assault filed by Valerie Mason. (E,P)
August 3, 2015 Filing 17 Amended Statement of Claim filed by Valerie Mason. Related document(s) #1 .(E,P)
August 3, 2015 Filing 16 Motion in Opposition to #15 Motion to dismiss for failure to state a claim filed by Valerie Mason. (E,P)
July 31, 2015 Filing 15 Motion to dismiss for failure to state a claim filed by TAP Pharmaceutical Products, Inc., Takeda Pharmaceuticals U.S.A., Inc.. (Attachments: #1 Brief in Support, #2 Exhibit A (Takeda 2013 Annual Report), #3 Exhibit B (Lupron PDR 1995), #4 Exhibit C (Takeda 2008 Annual Report), #5 Exhibit D (Abbott 2008 10-K), #6 Exhibit E (Summons and FedEx label), #7 Exhibit F (Mason v. Merrell complaint), #8 Exhibit G (Mason v. Watson complaint))(Mendelsohn, Courtney)
July 28, 2015 Filing 14 Motion request for ADR (EME) filed by Plaintiff Valerie Mason. (E,P)
July 28, 2015 Filing 13 Proof of service filing date 7/22/15 filed by Valerie Mason. Related document(s) #11 .(E,P)
July 22, 2015 Filing 12 Proof of Service Filing from July 6, 2015 filed by Valerie Mason. (R,Sh)
July 22, 2015 Filing 11 Supplement (Supporting Documentation) filed by Valerie Mason. (Attachments: #1 Affidavit of Medical Evidence, #2 Medical Evidence, #3 Redacted Medical Visit Sheets, #4 Unredacted Medical Visit Sheets)(R,Sh)
July 20, 2015 Filing 10 Answer to Complaint with Jury Demand filed by Kaiser Foundation Health Plan, Inc.. (Van Wagner, Jeffrey)
July 8, 2015 Opinion or Order Order [non-document] denying without prejudice Plaintiff's Motion for Defendants to file original picture of Plaintiff's organs (Related Doc #9 ). Plaintiff may file motion after a case management conference is held. Judge Dan Aaron Polster on 7/8/15.(P,R)
July 8, 2015 Copy of Order on Motion for order mailed to Plaintiff on 7/8/15. (P,R)
July 7, 2015 Copy of #8 Notice of Removal Journal Entry from Cuyahoga County Common Pleas case CV15-846214 mailed to Valerie Mason at 14050 Cedar Rd. Apt. 209 University Heights, OH 44118 on 7/7/15. Related document(s) #8 . (S,SR)
July 6, 2015 Filing 9 Motion for Defendants to file original picture of Plaintiff's organs filed by Plaintiff Valerie Mason. (Attachments: #1 Exhibits (access restricted per chambers))(S,SR) Modified on 7/7/2015 (S,SR).
July 6, 2015 Filing 8 Notice of Removal Journal Entry from Cuyahoga County Common Pleas case CV15-846214 dated 6/30/15 (S,SR)
July 6, 2015 Filing 7 Corporate Disclosure Statement filed by Kaiser Foundation Health Plan, Inc.. (Van Wagner, Jeffrey)
July 2, 2015 Opinion or Order Order [non-document] granting #6 Defendant's Motion for Extension of Time to Answer or otherwise plead. Kaiser Foundation Health Plan, Inc. answer due 8/1/2015. Judge Dan Aaron Polster on 7/2/15.(P,R)
July 2, 2015 Copy of Order on Motion for extension of time to answer mailed to Plaintiff on 7/2/15. (P,R)
June 29, 2015 Filing 6 Motion for extension of time until August 1, 2015 to answer or otherwise plead filed by Defendant Kaiser Foundation Health Plan, Inc.. (Van Wagner, Jeffrey)
June 29, 2015 Filing 5 Motion to Amend both Defendants' Name and Addresses filed by Plaintiff Valerie Mason, Related document(s) #1 . (M,M)
June 29, 2015 Copy of Order on Motion for extension of time to answer mailed to Plaintiff at 14050 Cedar Rd. University Hts, OH 44118 on 6/29/15. (P,R)
June 29, 2015 Opinion or Order Order [non-document] granting #4 Defendants TAP and Tekeda's Motion for Extension of Time until 7/31/15 to Answer. Judge Dan Aaron Polster on 6/29/15.(P,R)
June 26, 2015 Filing 4 Motion for extension of time until July 31, 2015 to answer or otherwise plead filed by TAP Pharmaceutical Products, Inc., Takeda Pharmaceuticals U.S.A., Inc.. (Mendelsohn, Courtney)
June 26, 2015 Filing 3 Magistrate Consent Form issued. (C,B)
June 26, 2015 Filing 2 Corporate Disclosure Statement identifying Corporate Parent Takeda Pharmaceutical Company Limited for TAP Pharmaceuticals AKA Takeda Pharmaceutical filed by TAP Pharmaceuticals AKA Takeda Pharmaceutical. (Mendelsohn, Courtney)
June 26, 2015 Filing 1 Notice of Removal from Court of Common Pleas, Cuyahoga County, Ohio, case number 15-846214 (Joint Notice of Removal) Filing fee $ 400, receipt number 0647-7157037.. Filed by Kaiser Permanente, TAP Pharmaceuticals AKA Takeda Pharmaceutical. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A (Complaint), #3 Exhibit B (TAP Summons), #4 Exhibit C (Kaiser Summons), #5 Exhibit D (State Court Notice of Removal), #6 Exhibit E (State Court Docket)) (Mendelsohn, Courtney)
June 26, 2015 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Nancy A. Vecchiarelli. (C,B)
June 26, 2015 Judge Dan Aaron Polster assigned to case. (C,B)

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Defendant: TAP Pharmaceutical Products, Inc.
Represented By: Jeffery D. Ubersax
Represented By: Courtney E.S. Mendelsohn
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Defendant: Takeda Pharmaceuticals U.S.A., Inc.
Represented By: Jeffery D. Ubersax
Represented By: Courtney E.S. Mendelsohn
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Defendant: Kaiser Foundation Health Plan, Inc.
Represented By: Jeffrey W. Van Wagner
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Plaintiff: Valerie Mason
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