Hamilton et al v. Bayer Healthcare Pharmaceuticals, Inc. et al
| Dianna Hamilton and Walter Hamilton |
| Bayer Healthcare LLC, Bayer AG, Bayer Healthcare AG, Bayer Healthcare Pharmaceuticals Inc, Bayer Corporation and Bayer Pharma AG |
| Mutual of Omaha Insurance Company |
| 5:2018cv01240 |
| December 19, 2018 |
| US District Court for the Western District of Oklahoma |
| Oklahoma City Office |
| Robin J Cauthron |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 18, 2019. A more recent docket listing may be available from PACER.
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| Filing 137 ENTRY of Appearance by Benjamin J Whiting on behalf of Bayer Healthcare Pharmaceuticals Inc, Bayer Pharma AG (Whiting, Benjamin) |
| Filing 136 ENTRY of Appearance by Jean T Tinkham on behalf of Bayer Healthcare Pharmaceuticals Inc, Bayer Pharma AG (Tinkham, Jean) |
| Filing 135 ENTRY of Appearance by Katherine M Swift on behalf of Bayer Healthcare Pharmaceuticals Inc, Bayer Pharma AG (Swift, Katherine) |
| Filing 134 ENTRY of Appearance by Kaspar J Stoffelmayr on behalf of Bayer Healthcare Pharmaceuticals Inc, Bayer Pharma AG (Stoffelmayr, Kaspar) |
Filing 133
ORDER granting #132 Motion to Appear Pro Hac Vice as to Attorney Benjamin J. Whiting. Signed by Honorable Robin J. Cauthron on 02/08/19. (wh)
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| Filing 132 MOTION for Leave to Appear Pro Hac Vice for Benjamin J. Whiting Filing fee $ 50, receipt number 1087-2860955 by Bayer Healthcare Pharmaceuticals Inc, Bayer Pharma AG. (Attachments: #1 Exhibit 1-Request for Admission Pro Hac Vice)(Fischer, Amy) |
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Filing 131
ORDER granting #129 Motion for Leave to Appear Pro Hac Vice as to attorney Stephanie O'Connor.. Signed by Honorable Robin J. Cauthron on 1/09/19. (wh)
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| Filing 130 Receipt for Money Received from Michael A Walsh in the amount of $50.00, receipt number OKW500071698 regarding #129 MOTION for Leave to Appear Pro Hac Vice. (nv) |
| Filing 129 MOTION for Leave to Appear Pro Hac Vice by All Plaintiffs. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice)(Walsh, Michael) |
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Filing 128
ORDER granting #124 Motion to Appear Pro Hac Vice as to Attorney Jean K. Tinkham. Signed by Honorable Robin J. Cauthron on 01/07/19. (wh)
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Filing 127
ORDER granting #125 Motion to Appear Pro Hac Vice as to Attorney Kaspar J. Stoffelmayr. Signed by Honorable Robin J. Cauthron on 01/07/19. (wh)
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Filing 126
ORDER granting #123 Motion to Appear Pro Hac Vice as to Attorney Katherine M. Swift. Signed by Honorable Robin J. Cauthron on 01/07/19. (wh)
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| Filing 125 MOTION for Leave to Appear Pro Hac Vice for Kaspar J. Stoffelmayr Filing fee $ 50, receipt number 1087-2840315 by Bayer Healthcare Pharmaceuticals Inc, Bayer Pharma AG. (Attachments: #1 Exhibit 1-Request for Admission Pro Hac Vice)(Fischer, Amy) |
| Filing 124 MOTION for Leave to Appear Pro Hac Vice for Jean K. Tinkham Filing fee $ 50, receipt number 1087-2840298 by Bayer Healthcare Pharmaceuticals Inc, Bayer Pharma AG. (Attachments: #1 Exhibit 1-Request for Admission Pro Hac Vice)(Fischer, Amy) |
| Filing 123 MOTION for Leave to Appear Pro Hac Vice for Katherine M. Swift Filing fee $ 50, receipt number 1087-2840256 by Bayer Healthcare Pharmaceuticals Inc, Bayer Pharma AG. (Attachments: #1 Exhibit 1-Request for Admission Pro Hac Vice)(Fischer, Amy) |
| Filing 122 ENTRY of Appearance by Amy Sherry Fischer on behalf of Bayer Healthcare Pharmaceuticals Inc, Bayer Pharma AG (Fischer, Amy) |
| Filing 121 ENTRY of Appearance by Derek S Franseen on behalf of All Plaintiffs (Franseen, Derek) |
| Filing 120 ENTRY of Appearance by Michael A Walsh on behalf of All Plaintiffs (Walsh, Michael) |
| Filing 119 Case transferred in from District of Illinois Southern; Case Number 3:11-cv-13465. |
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Filing 118
ORDER TRANSFERRING CASE TO OTHER DISTRICT pursuant to 28 U.S.C. Section 1404(a): Case transferred to United States District Court for the Western District of Oklahoma. The Clerk of Court is DIRECTED to transmit the complete file in this case to the Clerk of the United States District Court for the Western District of Oklahoma. Signed by Judge David R. Herndon on 12/7/2018. (Attachments: #1 Exhibit Joint Remand and Transfer Memorandum)(klh) [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 117 MEMORANDUM to Transferee Court from Transferor Court containing case-specific details to help aid in transfer. (klh) [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 116
CASE MANAGEMENT ORDER NO. 85 - Order Disbanding the Plaintiffs' Steering Committee. Signed by Judge David R. Herndon on 11/20/2018. (arf) [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 115 Minute Entry for proceedings held before Judge David R. Herndon: Status Conference held on 11/16/2018. (Court Reporter Laura Esposito.) (arf) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 114 NOTICE: Attorneys unable to attend the status conference set November 16, 2018 at 1:30 PM in person may join the conference by telephone. Instructions for joining by telephone are as follows: Call toll free 888-273-3658; when prompted enter Access Code 5699758; followed by Security Code 2310. (arf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 113
PROTECTIVE ORDER governing production re Mutual of Omaha Insurance Company. Signed by Judge David R. Herndon on 10/27/2018. (ceh) [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 112 ANSWER to #69 Counterclaim and affirmative defenses by Mutual of Omaha Insurance Company.(Kersting, Edna) [Transferred from Illinois Southern on 12/20/2018.] |
| Set Scheduling Order Deadlines: Discovery due by 4/1/2019. Dispositive Motions due by 8/1/2019. (cjo) [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 111
ORDER Adopting and Approving #110 Joint Scheduling and Discovery Order between plaintiffs and Intervenor/Defendant Mutual of Omaha Insurance Company. Signed by Judge David R. Herndon on 10/3/2018. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 110 Joint Proposed Scheduling Order submitted by the parties as directed by the Court's 9/20/2018 Order (d/e/ 105). (ceh) [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 109
ORDER granting #92 Motion for Status Conference. The Court agrees that a status conference will be of assistance. However, the primary discussion needs to entail the procedures to follow to transfer this case to the Western District of Oklahoma and any work that needs to be performed by this Court prior to that transfer. Therefore, this matter is set for a status conference on November 16, 2018 at 1:30 PM. This is the only notice that the parties will receive relative to this status conference. Signed by Judge David R. Herndon on 9/21/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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| Set Hearings: Status Conference set for 11/16/2018 at 1:30 PM in East St. Louis Courthouse before Judge David R. Herndon. (arf) [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 108
ORDER granting #102 Motion to Remand. Plaintiffs motion is granted in part and denied in part, in that, this litigation is certainly in a position to send the case to the proper venue for the litigation, which has been agreed by the parties to be the Western District of Oklahoma. Since this case was originally filed in this district the proper procedure would be for the Court to transfer the case. The Court will still seek the authority of the Judicial Panel on Multidistrict Litigation for such a transfer. However, that authority will likely be forthcoming since this Court will have fulfilled his obligations under 28 U.S.C. section 1407. The motion is denied to the extent that it contains a request that the undersigned seek an intercircuit assignment to preside over the trial of this matter. Not long after the transfer will be effectuated in this matter, this judges retirement from the bench will become effective (January 7, 2018). Signed by Judge David R. Herndon on 9/20/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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Filing 107
ORDER granting in part and denying in part #89 Motion for Protective Order. For the reasons stated in the Courts order denying defendants request to reopen discovery, the Court hereby grants the motion for a protective order prohibiting the service of additional discovery requests upon the Hamilton plaintiffs. However, discovery served on Mutual of Omaha and Oklahoma State University, consistent with the material sought from Mutual of Omaha, is not prohibited and the motion will be denied in that regard. Discovery is ongoing with Mutual of Omaha and it is not precluded from receiving discovery. The motion is granted in part and denied in part.. Signed by Judge David R. Herndon on 9/20/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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Filing 106
ORDER denying #88 Motion for Order to Reopen and Compel. The Court is persuaded, by looking at the various documents attached to the motion and response, that the defendant was aware of the circumstances surrounding the claim by the Hamiltons on the Mutual of Omaha policy and had the ability through authorizations provided by the Hamiltons to pursue any line of inquiry and defense it cared to through the acquisition of records. The Court is preparing for the transfer of this case to the United States District Court for the Western District of Oklahoma in a trial ready modality. Other rulings in the coming days will bear on the issues herein and which support the Courts order herein to an even greater extent. The motion is denied. Signed by Judge David R. Herndon on 9/20/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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Filing 105
ORDER denying #86 Motion to Stay. The Court has ruled on the motion to dismiss the counterclaim making that portion of the intervenors motion is moot. As for the request to stay discovery until the scheduling conference has been held, that is likewise not necessary. The parties are to jointly submit to the Court an agreed upon scheduling order no later than October 19, 2018. Said schedule should bear in mind that this case will be transferred to the District Court in the Western District of Oklahoma before years end. Clearly these cases will need to be severed so that the plaintiffs action against Bayer will have to be tried first. To the extent that a dispute over the merits of the intervenors action still exists following that trial, the intervention action can be tried next. The Courts waiting on some action by the parties, which turned out to be inaction, together with the Courts schedule have delayed this litigation for an excessive period of time. Without ruling on this motion for some time, the Court presumes the parties have been conducting discovery. Finding the request in the motion to be unnecessary in all respects, it is denied. Signed by Judge David R. Herndon on 9/20/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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Filing 104
ORDER denying #84 Motion to Dismiss Plaintiff's Counterclaim for Failure to State a Claim. While the Court is not convinced that a reasonable jury could ever determine the treating medical providers were negligent in the diagnosis and treatment of Kaitlin Hamiltons DVT, but foreseeing that the jury in this case isnt likely to be called upon to decide such an issue because it is well settled in Oklahoma that the original tortfeasor is liable for the negligence of a physician who treats the injured person unless the injured person was negligent in the selection of the medical provider (not an issue in this case) or the medical providers care constituted extraordinary misconduct or harm outside the risks attendant to the treatment for the injury or condition at issue. See, Atherton v. Devine, 602 P.2d 634 (Okl. 1979), Shadden v. Valley View Hosp., 915 P.2d 364 (Okl. 1996). Assessing the plaintiffs counterclaim with the present presumption that the well pleaded factual allegations are true and all reasonable inferences in the plaintiffs favor, it is clear to the Court that the counterclaim presents a plausible right to relief. Consequently, the motion to dismiss the counterclaim (Doc. 84) is denied.. Signed by Judge David R. Herndon on 9/20/2018. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 103 RESPONSE to Motion re #102 MOTION to Remand - Bayer's Response to Plaintiffs' Letter-Brief Regarding Remand filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Attachments: #1 Exhibit 1 - Letter Brief)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 102 MOTION to Remand by All Plaintiffs. Responses due by 8/13/2018 (Attachments: #1 Exhibit Exhibit 1- Signed Letter Brief, #2 Exhibit Exhibit A)(O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 101 RESPONSE to #100 Reply to Response to Motion filed by Dianna Hamilton, Walter Hamilton. (London, Michael) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 100 REPLY to Response to Motion re #84 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Counterclaim against it filed by Mutual of Omaha Insurance Company. (Kersting, Edna) [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 99
ORDER granting #98 Motion for Extension of Time to File Reply re #84 Mutual of Omaha's MOTION to Dismiss for Failure to State a Claim Plaintiffs' Counterclaim against it. Replies due by 1/11/2018. Signed by Judge David R. Herndon on 12/29/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 98 MOTION for Extension of Time to File Response/Reply as to #97 Response in Opposition to Motion, by Mutual of Omaha Insurance Company. (Kersting, Edna) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 97 RESPONSE in Opposition re #84 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Counterclaim against it filed by All Plaintiffs. (Attachments: #1 Exhibit 1-08.17.17 letter terminating benefits, #2 Exhibit 2-Mutual of Omaha's Reimbursement Agreement)(Bialick, Mark) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 96 RESPONSE in Opposition re #88 MOTION for Order to - Bayer's Motion to Reopen Discovery and to Compel Plaintiffs' Responses to Bayer's Discovery Requests filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 95 RESPONSE to Motion re #89 MOTION for Protective Order QUASHING DEFENDANTS UNTIMELY AND BURDENSOME DISCOVERY SERVED ON THE PLAINTIFFS AND INTERVENOR, MUTUAL OF OMAHA INSURANCE COMPANY AND NOTICE OF SUBPOENA SERVED ON OKLAHOMA STATE UNIVERSITY -- Bayer's Response to Plaintiffs' Motion for Protective Order Quashing Discovery Served on Plaintiffs, Mutual of Omaha, and Oklahoma State University filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Attachments: #1 Exhibit 1 - Pratt Email to Swift, #2 Exhibit 2 - Bayer Discovery to Plaintiffs, #3 Exhibit 3 - Bayer Discovery to Mutual of Omaha, #4 Exhibit 4 - Bayer Subpoena to OSU, #5 Exhibit 5 - Plaintiffs Discovery to Mutual of Omaha)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 94
ORDER granting #93 Motion for Extension of Time to File Response/Reply regarding #88 Bayer's Motion to Reopen Discovery and to Compel Plaintiffs' Responses to Bayer's Discovery Requests and #89 Plaintiffs' MOTION for Protective Order QUASHING DEFENDANTS UNTIMELY AND BURDENSOME DISCOVERY SERVED ON THE PLAINTIFFS AND INTERVENOR, MUTUAL OF OMAHA INSURANCE COMPANY AND NOTICE OF SUBPOENA SERVED ON OKLAHOMA STATE UNIVERSITY. Responses due by 12/6/2017. Signed by Judge David R. Herndon on 12/1/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 93 Joint MOTION for Extension of Time to File Response/Reply as to #88 MOTION for Order to - Bayer's Motion to Reopen Discovery and to Compel Plaintiffs' Responses to Bayer's Discovery Requests, #89 MOTION for Protective Order QUASHING DEFENDANTS UNTIMELY AND BURDENSOME DISCOVERY SERVED ON THE PLAINTIFFS AND INTERVENOR, MUTUAL OF OMAHA INSURANCE COMPANY AND NOTICE OF SUBPOENA SERVED ON OKLAHOMA STATE UNIVERSITY by All Plaintiffs. (O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 92 MOTION for status Conference And/Or Scheduling Order by All Plaintiffs. (Bialick, Mark) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 91 RESPONSE to Motion re #86 MOTION to Stay discovery - Bayer's Response to Mutual of Omaha's Motion to Stay Discovery filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Attachments: #1 Exhibit 1 - Bayer Discovery to Mutual of Omaha, #2 Exhibit 2 - Motion to Intervene)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 90 RESPONSE in Opposition re #86 MOTION to Stay discovery filed by All Plaintiffs. (Attachments: #1 Exhibit 1-Written Discovery to Mutual of Omaha, #2 Exhibit 2-08/17/17 Letter ending coverage, #3 Exhibit 3-Western Dist of OK Complaint, #4 Exhibit 4-Reimbursement Agreement)(Bialick, Mark) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 89 MOTION for Protective Order QUASHING DEFENDANTS UNTIMELY AND BURDENSOME DISCOVERY SERVED ON THE PLAINTIFFS AND INTERVENOR, MUTUAL OF OMAHA INSURANCE COMPANY AND NOTICE OF SUBPOENA SERVED ON OKLAHOMA STATE UNIVERSITY by Dianna Hamilton, Walter Hamilton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 88 MOTION for Order to - Bayer's Motion to Reopen Discovery and to Compel Plaintiffs' Responses to Bayer's Discovery Requests by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Attachments: #1 Exhibit 1 - Bayer Discovery to Plaintiffs, #2 Exhibit 2 - Alvarez Deposition, #3 Exhibit 3 - Craven Deposition, #4 Exhibit 4 - Iven Deposition, #5 Exhibit 5 - Pascale Deposition, #6 Exhibit 6 - Tucker Deposition, #7 Exhibit 7 - Young Deposition, #8 Exhibit 8 - W. Hamilton Deposition, #9 Exhibit 9 - D. Hamilton Deposition, #10 Exhibit 10 - Swift Declaration, #11 Exhibit 11 - Bayer Discovery to Mutual of Omaha, #12 Exhibit 12 - Plaintiffs Discovery to Mutual of Omaha)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 87 MEMORANDUM in Support re #86 MOTION to Stay discovery filed by Mutual of Omaha Insurance Company. (Attachments: #1 Exhibit A (Plaintiffs' discovery requests), #2 Exhibit B (Bayer's discovery requests))(Kersting, Edna) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 86 MOTION to Stay discovery by Mutual of Omaha Insurance Company. (Kersting, Edna) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 85 MEMORANDUM in Support re #84 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Counterclaim against it filed by Mutual of Omaha Insurance Company. (Attachments: #1 Explanation of Benefits)(Kersting, Edna) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 84 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Counterclaim against it by Mutual of Omaha Insurance Company. Responses due by 12/14/2017 (Kersting, Edna) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 83 Transcript of STATUS CONFERENCE held on 10/26/2017, before Judge David R. Herndon. Court Reporter: Laura A. Esposito, Telephone number (618) 482-9481. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at #http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/30/2017. Redacted Transcript Deadline set for 12/11/2017. Release of Transcript Restriction set for 2/7/2018. (lae) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 82 SUPPLEMENT by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. Supplement to #29 Memorandum in Support of Motion,,,,,, #27 Memorandum in Support of Motion,,, -- Bayer's Summary of the Supplemental Deposition of Dr. Henry Rinder. (Attachments: #1 Exhibit 1 - Rinder Deposition, #2 Exhibit 2 - Benagiano 2004, #3 Exhibit 3 - Kuhnz 1994)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 81 AFFIDAVIT re #31 MOTION for Partial Summary Judgment on Specific Causation, #30 MOTION for Partial Summary Judgment on Specific Causation, #33 MOTION to Exclude MOTION AND MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION TO EXCLUDE THE EXPERT OPINIONS AND PROPOSED TESTIMONY OF GLADYS TSE, M.D, A. ALEXANDER J. KENNEDY, M.D., SCOTT RICHARD LAKER, M.D., AARON B. WAXMAN, M.D., PHD, FACP, FCC, #34 MOTION for Summary Judgment MOTION AND MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT TO STRIKE CERTAIN OF DEFENDANTS AFFIRMATIVE DEFENSES by Dianna Hamilton, Walter Hamilton. (Attachments: #1 Exhibit)(O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 80
ORDER granting #75 Unopposed Motion for Extension of Time to Answer. Mutual of Omaha Insurance Company is granted a 14 day extension to file its responsive pleading to plaintiffs' Counterclaim. Any responsive pleadings to the counterclaim must be filed on or before November 9, 2017. Signed by Judge David R. Herndon on 10/26/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 79 Minute Entry for proceedings held before Judge David R. Herndon: Motion Hearing held on 10/26/2017. The motions are taken under advisement. (Court Reporter Laura Esposito.) (arf) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 78 REPLY to Response to Motion re #31 MOTION for Partial Summary Judgment on Specific Causation, #34 MOTION for Summary Judgment MOTION AND MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT TO STRIKE CERTAIN OF DEFENDANTS AFFIRMATIVE DEFENSES - Plaintiffs' Reply to Bayer's Letter Brief filed by Dianna Hamilton, Walter Hamilton. (Attachments: #1 Exhibit)(O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 77 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #76 Reply to Response to Motion, filed by Dianna Hamilton, Walter Hamilton. The /s/ signature does not match the log in and password of the filer. Document must be re filed using the correct credentials. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 76 STRICKEN - REPLY to Response to Motion re #31 MOTION for Partial Summary Judgment on Specific Causation, #34 MOTION for Summary Judgment MOTION AND MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT TO STRIKE CERTAIN OF DEFENDANTS AFFIRMATIVE DEFENSES - Plaintiffs' Reply to Bayer's Supplemental Response filed by Dianna Hamilton, Walter Hamilton. (Attachments: #1 Exhibit)(London, Michael) Modified on 10/26/2017 (cds). [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 75 Consent MOTION for Extension of Time to File Answer re #69 Counterclaim or otherwise plead [UNOPPOSED] by Mutual of Omaha Insurance Company. (Kersting, Edna) [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 74
ORDER: The Court received e-mail correspondence from plaintiffs on October 25, 2017 seeking leave to respond to supplemental briefing filed by the Bayer defendants at #71 and #72 . Per SDIL local rule 7.1(c), the Court grants the plaintiffs' request and ORDERS them to file their supplemental document instanter. Signed by Judge David R. Herndon on 10/25/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 73 NOTICE of Appearance by Virginia E. Anello on behalf of All Plaintiffs (Anello, Virginia) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 72 RESPONSE to Motion re #31 MOTION for Partial Summary Judgment on Specific Causation, #34 MOTION for Summary Judgment MOTION AND MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT TO STRIKE CERTAIN OF DEFENDANTS AFFIRMATIVE DEFENSES -- Bayer's Supplemental Response filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Attachments: #1 Exhibit A - Letter Brief)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 71 SUPPLEMENT by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. Supplement to #27 Memorandum in Support of Motion,,, - Bayer's Supplemental Letter Brief. (Attachments: #1 Exhibit A - Letter Brief re Dr. Botney)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 70
ORDER: The Court received e-mail correspondence from the Bayer defendants on October 18, 2017 seeking leave to file supplemental briefing per SDIL local rule 7.1(c). The Court grants the request and ORDERS the Bayer defendants to file their supplemental documents instanter. Signed by Judge David R. Herndon on 10/19/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 69 COUNTERCLAIM against Mutual of Omaha Insurance Company, filed by All Plaintiffs. (Attachments: #1 Exhibit 1-8.17.17 Lf Mutual terminating benefits)(Bialick, Mark) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 68 ANSWER to #62 Intervenor Complaint by All Plaintiffs. (Attachments: #1 Exhibit 1-8.17.17 Lf Mutual terminating benefits)(Bialick, Mark) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 67 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #64 Answer to Intervenor Complaint, Counterclaim filed by Dianna Hamilton, Walter Hamilton. Entry stricken and to be filed as two separate entries. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 66 NOTICE of Appearance by Robert Ryan Deligans on behalf of All Plaintiffs (Deligans, Robert) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 65 NOTICE of Appearance by David Brian Donchin on behalf of All Plaintiffs (Donchin, David) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 64 STRICKEN. ANSWER to #61 Intervenor Complaint , COUNTERCLAIM against Mutual of Omaha Insurance Company by All Plaintiffs. (Attachments: #1 Exhibit 08.17.17 Lf Mutual terminating benefits)(Bialick, Mark) Modified on 10/6/2017 (kls3). [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 63 NOTICE of Appearance by Mark Eugene Bialick on behalf of All Plaintiffs (Bialick, Mark) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 62 Amended Intervenor COMPLAINT , filed by Mutual of Omaha Insurance Company. (Attachments: #1 Exhibit A (NCAA Goup Policy), #2 Exhibit B (Oklahoma Group Policy))(Kersting, Edna) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 61 Intervenor COMPLAINT , filed by Mutual of Omaha Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kersting, Edna) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 60 NOTICE of Hearing pursuant to Order (Doc. 59 ): Motion Hearing set for 10/26/2017 at 9:00 AM in East St. Louis Courthouse before Judge David R. Herndon. (arf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 59
ORDER granting #41 Motion for Oral Argument regarding the Parties' Dispositive, Daubert, and other Motions. The Court sets the hearing for the following motions on October 26, 2017 at 9:00am in the East St. Louis Courthouse in front of Judge Herndon: #27 Bayer's Motion to Exclude Expert Testimony that Yaz has a Higher Risk than Levonorgestrel Pills; #29 Bayer's Motion to Exclude Expert Testimony that Yaz has a Higher Risk than Norgestimate Pills and for Summary Judgment; #31 Plaintiffs' Motion for Partial Summary Judgment; #33 Plaintiffs' Motion to Exclude the Expert Opinions of Tse, Kennedy, Laker, Waxman, and Barlow; #34 Plaintiffs' Motion for Summary Judgment to Strike Certain of Defendants' Affirmative Defenses; #25 Plaintiffs' Motion to Exclude Partially the Opinions and Proposed Testimony of Defendants' Economist Thomas Grogan; #38 Plaintiffs' Motion in Limine to Exclude Certain Evidence. Signed by Judge David R. Herndon on 9/18/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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Filing 58
ORDER granting #53 Mutual of Omaha Insurance Company's Motion to Intervene. Pursuant to Federal Rule of Civil Procedure 24, this motion is granted. Mutual of Omaha Insurance Company is hereby ordered to file its Intervenor Complaint for Declaratory Judgment, with exhibits, by close of business on Friday, September 22, 2017. Signed by Judge David R. Herndon on 9/18/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 57 RESPONSE to #53 Motion to Intervene filed by All Plaintiffs. (London, Michael) [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 56
ORDER DENYING #36 MOTION to Strike the Untimely Supplemental Report of Dr. Henry Rinder filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc., and GRANTING #50 MOTION to Compel the Additional Depositions of Plaintffs' Experts Dr. Henry Rinder and Dr. Mitchell Botney filed by Bayer Pharma AG, Bayer Healthcare Pharmaceuticals, Inc. Each deposition shall last no longer than twenty minutes per side and shall be limited to the scope of the supplemental reports. Signed by Judge David R. Herndon on 9/13/2017. (ceh) [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 55 RESPONSE to Motion re #53 MOTION to Intervene pursuant to Fed. R. Civ. P. 24(a), (b) filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Attachments: #1 Exhibit 1 - Rinder Report)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 54 NOTICE OF ACTION re #53 Motion to Intervene filed by Mutual of Omaha Insurance Company. Proposed document was attached to the main document. Proposed documents are not to be filed, but rather submitted via e-mail to the Court (see CM/ECF Users Manual at pgs. 2.6-2.7). Proposed documents need to be e-mailed to the proper judge. (cjo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 53 MOTION to Intervene pursuant to Fed. R. Civ. P. 24(a), (b) by Mutual of Omaha Insurance Company. (Attachments: #1 (Proposed Intervenor Complaint without exhibits))(Kersting, Edna) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 52 NOTICE of Appearance by Edna S. Kersting on behalf of Mutual of Omaha Insurance Company (Kersting, Edna) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 51 RESPONSE in Opposition re #50 MOTION to Compel the Additional Depositions of Plaintffs' Experts Dr. Henry Rinder and Dr. Mitchell Botney filed by Dianna Hamilton, Walter Hamilton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 50 MOTION to Compel the Additional Depositions of Plaintffs' Experts Dr. Henry Rinder and Dr. Mitchell Botney by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Attachments: #1 Exhibit 1 - Rinder Report, #2 Exhibit 2 - Botney Report, #3 Exhibit 3 - Ridner Supp Report, #4 Exhibit 4 - Rinder Affidavit, #5 Exhibit 5 - Botney Affidavit, #6 Exhibit 6 - Young Dep)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 49 RESPONSE in Opposition re #38 MOTION in Limine to Exclude Evidence and/or Argument that: (1) The Risk of Venous Thromboembolism Is Different As Between Yaz and Yasmin; and/or (2) The Increased Warning Relating to Venous Thromboembolism Risk With Respect to Drospirenone-Containi filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Attachments: #1 Exhibit 1 - Tse Dep Excerpts, #2 Exhibit 2 - FDA Ad Com Briefing Excerpt, #3 Exhibit 3 - Dinger 2014 Article, #4 Exhibit 4 - Yaz Label April 2012)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 48 MEMORANDUM in Opposition re #28 MOTION to Exclude Expert Testimony That YAZ Has a Highter Risk Than Norgestimate Pills, as Unreliable Under Daubert, and for Summary Judgment Due to Plaintiffs' Resulting Failure to Prove Causation, #26 MOTION to Exclude Expert Testimony That YAZ Has a Highter Risk Than Levonorgestrel Pills, as Irrelevant Under Daubert PLAINTIFFS CONSOLIDATED MEMORANDUM OF LAW IN OPPOSITION TO BAYERS MOTIONS (1) TO EXCLUDE EXPERT TESTIMONY THAT YAZ HAS A HIGHER RISK THAN NORGESTIMATE PILLS AND FOR SUMMARY JUDGMENT; AND (2) TO EXCLUDE EXPERT TESTIMONY THAT YAZ HAS A HIGHER RISK THAN LEVONORGESTREL PILLS filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 47 AFFIDAVIT - Declaration of Mitchell D. Botney, M.D. by All Plaintiffs. (O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 46 AFFIDAVIT Henry M. Rinder, M.D. by All Plaintiffs. (Attachments: #1 Exhibit A)(O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 45 AFFIDAVIT re #42 Response in Opposition to Motion,,, #44 Response -- Declaration of Katherine M. Swift by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Attachments: #1 Exhibit 1 - Robinson Dep Excerpts, #2 Exhibit 2 - Waxman Declaration, #3 Exhibit 3 - Amended PFS, #4 Exhibit 4 - Tucker Dep Excerpts, #5 Exhibit 5 - Yaz Label April 2007, #6 Exhibit 6 - Rinder Dep Excerpts, #7 Exhibit 7 - PPR-03730, #8 Exhibit 8 - PPR-01481-84, #9 Exhibit 9 - Young Prescribing Data, #10 Exhibit 10 - Bayer Affidavit, #11 Exhibit 11 - Rinder MIL Opp Excerpts, #12 Exhibit 12 - Maggio Report)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 44 RESPONSE to #32 Notice (Other), - Bayer's Response to Plaintiffs' Statement of Undisputed Material Facts filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 43 RESPONSE in Opposition re #25 MOTION to Exclude Partially the Opinions and Proposed Testimony of Defendants' Economist Thomas F. Grogan, C.F.E. filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 42 RESPONSE in Opposition re #31 MOTION for Partial Summary Judgment on Specific Causation, #33 MOTION to Exclude MOTION AND MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION TO EXCLUDE THE EXPERT OPINIONS AND PROPOSED TESTIMONY OF GLADYS TSE, M.D, A. ALEXANDER J. KENNEDY, M.D., SCOTT RICHARD LAKER, M.D., AARON B. WAXMAN, M.D., PHD, FACP, FCC, #34 MOTION for Summary Judgment MOTION AND MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT TO STRIKE CERTAIN OF DEFENDANTS AFFIRMATIVE DEFENSES -- Bayer's Opposition to Plaintiffs' Motions for Partial Summary Judgment on Specific Caustion, to Exclude Certain Expert Testimony, and to Strike Certain Defenses filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 41 MOTION for Hearing re #31 MOTION for Partial Summary Judgment on Specific Causation, #29 Memorandum in Support of Motion,,,,,, #33 MOTION to Exclude MOTION AND MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION TO EXCLUDE THE EXPERT OPINIONS AND PROPOSED TESTIMONY OF GLADYS TSE, M.D, A. ALEXANDER J. KENNEDY, M.D., SCOTT RICHARD LAKER, M.D., AARON B. WAXMAN, M.D., PHD, FACP, FCC, #25 MOTION to Exclude Partially the Opinions and Proposed Testimony of Defendants' Economist Thomas F. Grogan, C.F.E., #27 Memorandum in Support of Motion,,, #34 MOTION for Summary Judgment MOTION AND MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT TO STRIKE CERTAIN OF DEFENDANTS AFFIRMATIVE DEFENSES, #38 MOTION in Limine to Exclude Evidence and/or Argument that: (1) The Risk of Venous Thromboembolism Is Different As Between Yaz and Yasmin; and/or (2) The Increased Warning Relating to Venous Thromboembolism Risk With Respect to Drospirenone-Containi -- Bayer's Motion for Oral Argument on the Parties' Daubert, Dispositive and Other Motions by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 40
ORDER granting #39 Motion for Extension of Time. The deadlines under Case Management Order 83 for responses to Daubert and dispositive motions are set for May 22, 2017. Signed by Judge David R. Herndon on 5/15/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 39 MOTION for Extension of Time of the Deadline to File Responses to Daubert and Dispositive Motions by Dianna Hamilton, Walter Hamilton. (O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 38 MOTION in Limine to Exclude Evidence and/or Argument that: (1) The Risk of Venous Thromboembolism Is Different As Between Yaz and Yasmin; and/or (2) The Increased Warning Relating to Venous Thromboembolism Risk With Respect to Drospirenone-Containing Combined Hormonal Oral Contraceptives Relates Only to the Differential Risk As Compared to Levonorgestrel by Dianna Hamilton, Walter Hamilton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 37 RESPONSE in Opposition re #36 MOTION to Strike the Untimely Supplemental Report of Dr. Henry Rinder filed by Dianna Hamilton, Walter Hamilton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 36 MOTION to Strike the Untimely Supplemental Report of Dr. Henry Rinder by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Attachments: #1 Exhibit A - Rinder Supplemental Report, #2 Exhibit B - Excerpt of Plfs Response to MIL, #3 Exhibit C - Maggio Report)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 35 AFFIDAVIT of Stephanie O'Connor by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG)(O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 34 MOTION for Summary Judgment MOTION AND MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT TO STRIKE CERTAIN OF DEFENDANTS AFFIRMATIVE DEFENSES by All Plaintiffs. Responses due by 5/18/2017 (Attachments: #1 Affidavit Affidavit of Stephanie O'Connor in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD, #32 Exhibit EE, #33 Exhibit FF, #34 Exhibit GG)(O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 33 MOTION to Exclude MOTION AND MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION TO EXCLUDE THE EXPERT OPINIONS AND PROPOSED TESTIMONY OF GLADYS TSE, M.D, A. ALEXANDER J. KENNEDY, M.D., SCOTT RICHARD LAKER, M.D., AARON B. WAXMAN, M.D., PHD, FACP, FCCP, AND JEFFERY BARLOW, DNP, APRN-CNP, FNP-C, CME, CRNFA by All Plaintiffs. (Attachments: #1 Affidavit Affidavit of Stephanie O'Connor in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD, #32 Exhibit EE, #33 Exhibit FF, #34 Exhibit GG)(O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 32 NOTICE by All Plaintiffs PLAINTIFFS STATEMENT OF UNDISPUTED MATERIAL FACTS (Attachments: #1 Affidavit Affidavit of Stephanie O'Connor in Support, #2 Exhibit Q, #3 Exhibit R, #4 Exhibit S, #5 Exhibit T, #6 Exhibit U, #7 Exhibit V, #8 Exhibit W, #9 Exhibit X, #10 Exhibit Y, #11 Exhibit Z, #12 Exhibit AA, #13 Exhibit BB, #14 Exhibit FF, #15 Exhibit GG)(O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 31 MOTION for Partial Summary Judgment on Specific Causation by All Plaintiffs. Responses due by 5/18/2017 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Affidavit Affidavit of Stephanie O'Connor in Support)(O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 30 MOTION for Partial Summary Judgment on Specific Causation by All Plaintiffs. Responses due by 5/18/2017 (O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 29 MEMORANDUM in Support re #28 MOTION to Exclude Expert Testimony That YAZ Has a Highter Risk Than Norgestimate Pills, as Unreliable Under Daubert, and for Summary Judgment Due to Plaintiffs' Resulting Failure to Prove Causation filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Attachments: #1 Exhibit 1 - Young Dep, #2 Exhibit 2 - Young Dep Ex. 40, #3 Exhibit 3 - D. Hamilton Dep, #4 Exhibit 5 - Amended PFS, #5 Exhibit 6 - Palace Records, #6 Exhibit 7 - Raney Records, #7 Exhibit 8 - Rinder Report, #8 Exhibit 9 - 2007 Ortho Label, #9 Exhibit 11 - Tucker Dep, #10 Exhibit 12 - Tucker Dep Ex. 38, #11 Exhibit 13 - Robinson Report, #12 Exhibit 14 - Iven Dep Ex. 2, #13 Exhibit 15 - Craig Hospital Records, #14 Exhibit 17 - Botney Dep, #15 Exhibit 18 - Rinder Dep 2017, #16 Exhibit 20 - Rinder Supp Report, #17 Exhibit 21 - Robinson Dep, #18 Exhibit 22 - Alvarez Dep, #19 Exhibit 23 - Craven Dep, #20 Exhibit 24 - Iven Dep, #21 Exhibit 25 - Pascale Dep, #22 Exhibit 26 - Tse Dep, #23 Exhibit 27 - OK Heart Hospital Records, #24 Exhibit 28 - Jick 2011, #25 Exhibit 29 - Parkin 2011, #26 Exhibit 30 - Lidegaard 2011, #27 Exhibit 31 - Vinogradova 2015, #28 Exhibit 32 - Rinder Dep 2015, #29 Exhibit 33 - Sidney 2013, #30 Exhibit 34 - Dinger 2014, #31 Exhibit 35 - FDA Advisory Committee, #32 Exhibit 36 - Lidegaard 2009, #33 Exhibit 37 - van Hylckama Vlieg 2009, #34 Exhibit 38 - Ziller 2014, #35 Exhibit 39 - Gronich 2011)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 28 MOTION to Exclude Expert Testimony That YAZ Has a Highter Risk Than Norgestimate Pills, as Unreliable Under Daubert, and for Summary Judgment Due to Plaintiffs' Resulting Failure to Prove Causation by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 27 MEMORANDUM in Support re #26 MOTION to Exclude Expert Testimony That YAZ Has a Highter Risk Than Levonorgestrel Pills, as Irrelevant Under Daubert filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Attachments: #1 Exhibit 1 - Young Dep, #2 Exhibit 2 - Young Dep Ex. 40, #3 Exhibit 3 - D. Hamilton Dep, #4 Exhibit 4 - W. Hamilton Dep, #5 Exhibit 5 - Amended PFS, #6 Exhibit 6 - Palace Records, #7 Exhibit 7 - Raney Records, #8 Exhibit 8 - Rinder Report, #9 Exhibit 9 - 2007 Ortho Label, #10 Exhibit 10 - Jacobson Dep, #11 Exhibit 11 - Tucker Dep, #12 Exhibit 12 - Tucker Dep Ex. 38, #13 Exhibit 13 - Robinson Report, #14 Exhibit 14 - Iven Dep Ex. 2, #15 Exhibit 15 - Craig Hospital Records, #16 Exhibit 16 - Botney Report, #17 Exhibit 17 - Botney Dep, #18 Exhibit 18 - Rinder Dep, #19 Exhibit 19 - Maggio Report, #20 Exhibit 20 - Rinder Supp Report)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 26 MOTION to Exclude Expert Testimony That YAZ Has a Highter Risk Than Levonorgestrel Pills, as Irrelevant Under Daubert by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 25 MOTION to Exclude Partially the Opinions and Proposed Testimony of Defendants' Economist Thomas F. Grogan, C.F.E. by Dianna Hamilton, Walter Hamilton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 24
ORDER granting #23 Joint Motion for Extension of Deadlines. The agreed upon deadlines set out in the motion are adopted by the Court. Signed by Judge David R. Herndon on 02/17/2017. (Herndon, David)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 23 Joint MOTION for Order to -- Joint Motion for an Extension of Deadlines Under Case Management Order 83 by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 22 NOTICE of Appearance by Stephanie O'Connor on behalf of All Plaintiffs (O'Connor, Stephanie) [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 21
ORDER granting #19 Motion for Extension of Time to Complete Discovery. Signed by Judge David R. Herndon on 9/28/2016. (dsw) [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 20 NOTICE OF ERRORS AND/OR DEFICIENCIES re #19 Motion for Extension of Time to Complete Discovery filed by Dianna Hamilton, Walter Hamilton. Filer attached a proposed document to the Motion. Proposed documents are to be emailed to the appropriate Judge rather than filed on the docket. The proposed document has been removed from the record. The pleading also contains multiple "/s/" signatures without the stating the signatory consents to the document. THIS IS FOR INFORMATION PURPOSES ONLY. NO FURTHER ACTION IS REQUIRED. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 19 Joint MOTION for Extension of Time to Complete Discovery by Dianna Hamilton, Walter Hamilton. (Attachments: # 1 Stipulation Amending CMO 83)(London, Michael) [Transferred from Illinois Southern on 12/20/2018.] |
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Order Acknowledging #15 Stipulation and MOOTING #9 MOTION to Dismiss for Lack of Service and Opposition to Motion to Set Trial filed by Bayer Healthcare Pharmaceuticals, Inc.. Signed by Judge David R. Herndon on 4/13/2015. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 18 NOTICE OF ERRORS AND/OR DEFICIENCIES re #15 Stipulation filed by Dianna Hamilton, Walter Hamilton. When pleadings contain multiple attorney signatures, the non-filing attorney must include the language with consent with his/her signature. No action necessary as this notice is for informational purposes only. (cjo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 17 ANSWER to #2 Complaint and Additional Defenses by Bayer Pharma AG.(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 16 ANSWER to #2 Complaint and Additional Defenses by Bayer Healthcare Pharmaceuticals, Inc..(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 15 STIPULATION re #9 MOTION to Dismiss for Lack of Service and Opposition to Motion to Set Trial by Dianna Hamilton, Walter Hamilton. (London, Michael) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 14 EXHIBIT by Bayer Healthcare Pharmaceuticals, Inc.. Exhibit to #13 Reply to Response to Motion, Exhibit B - Schewe Declaration. (Attachments: #1 Exhibit C - Schwarzenberg Declaration)(Galvin, John) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 13 REPLY to Response to Motion re #9 MOTION to Dismiss for Lack of Service and Opposition to Motion to Set Trial - Reply in Support of Motion to Dismiss for Lack of Service filed by Bayer Healthcare Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Hartley Declaration, #2 Exhibit B - declaration to be filed, #3 Exhibit C - declaration to be filed, #4 Exhibit D - O'Toole Declaration)(Galvin, John) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 12 RESPONSE in Opposition re #9 MOTION to Dismiss for Lack of Service and Opposition to Motion to Set Trial Attachments: (A) Filed Summons and Complaint; (B) Declaration of Kristin Padden, Esq.; (C) Proof of Service Patterson/PACER LOG; (D) Proof of Service Schrave/PACER Log filed by Dianna Hamilton, Walter Hamilton. (Attachments: #1 Exhibit Exhibits)(London, Michael) [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 11
ORDER denying #6 Motion to set case for trial. Signed by Judge David R. Herndon on 2/17/2015. (dsw) [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 10 MEMORANDUM in Support re #9 MOTION to Dismiss for Lack of Service and Opposition to Motion to Set Trial filed by Bayer Healthcare Pharmaceuticals, Inc.. (Galvin, John) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 9 MOTION to Dismiss for Lack of Service and Opposition to Motion to Set Trial by Bayer Healthcare Pharmaceuticals, Inc.. Responses due by 3/12/2015 (Galvin, John) Modified on 2/6/2015 to reflect motion to dismiss is also a response to #6 filed in accord with the Court's directive at 7 (dsw) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 8 NOTICE OF ERRORS AND/OR DEFICIENCIES re #6 Motion to Lift Stay filed by Dianna Hamilton, Walter Hamilton. Attorney login used for filing is inconsisent with counsel who signed the document. Order has been entered in reference to this Motion, therefore no follow up action necessary by the filer. This notice is for informational purposes for future filings.(cjo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 7
ORDER re #6 MOTION to Lift Stay filed by Dianna Hamilton, Walter Hamilton. Defendants are directed to respond by February 18, 2015. Signed by Judge David R. Herndon on 2/4/2015. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 6 MOTION to Lift Stay by Dianna Hamilton, Walter Hamilton. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(London, Michael) [Transferred from Illinois Southern on 12/20/2018.] |
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Filing 5
CASE MANAGEMENT ORDER NUMBER 60, Settlement Agreement and Deadlines - Gallbladder Injuries. Signed by Chief Judge David R. Herndon on 3/15/2013. (Attachments: #1 Exhibit A (Signed Settlement Agreement), #2 Exhibit B (Notice of Intent to Opt Out Form - Appendix B-1), #3 Exhibit C (Notice of Intent to Opt In Form - Appendix B-2), #4 Exhibit D (Declaration - Appendix G))(dsw) [Transferred from Illinois Southern on 12/20/2018.]
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| Filing 4 Summons Issued as to Bayer AG, Bayer Corporation, Bayer Healthcare AG, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma AG. (cekf) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 3 NOTICE OF ERRORS AND/OR DEFICIENCIES re #2 Complaint filed by Dianna Hamilton, Walter Hamilton. See attached document for specifics. (slj) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 2 COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0754-1574147.), filed by Dianna Hamilton, Walter Hamilton. (Attachments: #1 Civil Cover Sheet)(London, Michael) [Transferred from Illinois Southern on 12/20/2018.] |
| Filing 1 Case Opened. Documents may now be electronically filed. Case number 11-13465-DRH-PMF must be placed on all documents prior to filing them electronically. (slj) [Transferred from Illinois Southern on 12/20/2018.] |
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