ROWLAND v. NOVARTIS PHARMACEUTICALS CORPORATION
Plaintiff: KAREN ROWLAND and MICHELLE PRATT ORR
Defendant: NOVARTIS PHARMACEUTICALS CORPORATION
Not Yet Classified: GEORGE MACHEN, STACY MACHEN, JOHN ORR, JOHN WARCHOL, MARTHA WARCHOL and JOAN K. HAWKINS
Case Number: 2:2012cv01474
Filed: October 11, 2012
Court: US District Court for the Western District of Pennsylvania
Office: Pittsburgh Office
County: XX US, Outside State
Presiding Judge: Mark R Hornak
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on May 13, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 13, 2015 Opinion or Order Filing 144 ORDER APPROVING #143 Stipulation of Dismissal. This action is hereby DISMISSED WITH PREJUDICE as to all claims. Signed by Judge Mark R. Hornak on 5/13/15. (bdb)
May 13, 2015 Opinion or Order Filing 143 STIPULATION of Dismissal with Prejudice for Plaintiff Michelle Orr by NOVARTIS PHARMACEUTICALS CORPORATION. (Bromberg, Neil)
April 14, 2015 Opinion or Order Filing 142 ORDER APPROVING #141 Stipulation of Dismissal. This lawsuit is hereby voluntarily DISMISSED WITH PREJUDICE. Signed by Judge Mark R. Hornak on 4/14/15. (bdb)
April 13, 2015 Opinion or Order Filing 141 STIPULATION of Dismissal With Prejudice by NOVARTIS PHARMACEUTICALS CORPORATION. (Bromberg, Neil)
April 7, 2015 Opinion or Order Filing 139 ORDER of USCA re #134 Notice of Appeal, filed by STACY MACHEN, GEORGE MACHEN, dismissing case pursuant to Fed. R. App. P. 42(b). Modified docket text on 4/14/2015. (tt)
January 5, 2015 Opinion or Order Filing 138 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephone Status Conference held on 1/5/15. (Court Reporter: Shirley Hall) (jad)
January 5, 2015 Opinion or Order ORDER. This civil action is STAYED pending further Order of the Court. The Stay may be lifted upon the Motion of any party. The Court retains jurisdiction over this action and the parties. The Clerk shall mark this matter administratively CLOSED. Signed by Judge Mark R. Hornak on 1/5/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
December 4, 2014 Opinion or Order SCHEDULING ORDER. A Telephone Status Conference is hereby SCHEDULED for 1/5/15 at 3:00 PM EST before Judge Mark R. Hornak. On or before 12/30/14, Counsel shall contact Chambers at 412-208-7433 with the names and telephone numbers of participating counsel. The Court will initiate the call. Signed by Judge Mark R. Hornak on 12/4/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
December 3, 2014 Opinion or Order Filing 137 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephone Status Conference held on 12/3/14. (Court Reporter: Shirley Hall) (jad)
November 19, 2014 Opinion or Order ORDER RESCHEDULING CONFERENCE. The Telephonic Status Conference set for 12/2/14 at 9:30 AM is hereby RESCHEDULED for 12/3/14 at 11:15 AM before Judge Mark R. Hornak. The Court will initiate the call. Signed by Judge Mark R. Hornak on 11/19/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
September 11, 2014 Opinion or Order Filing 136 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephone Status Conference held on 9/11/14. (Court Reporter: Virginia Pease) (jad)
September 11, 2014 Opinion or Order SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 12/2/14 at 9:30 AM EST before Judge Mark R. Hornak. On or before 11/26/14, Counsel shall contact Chambers at 412-208-7433 with the names and telephone numbers of participating counsel. The Court will initiate the call. Signed by Judge Mark R. Hornak on 9/11/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
September 5, 2014 Opinion or Order Filing 135 SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 9/11/14 at 9:00 AM EDT before Judge Mark R. Hornak. The Court will conduct the call via an AT&T call-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 9/5/14. (bdb)
September 5, 2014 Opinion or Order NOTICE TO COUNSEL. The Telephonic Status Conference scheduled for 9/11/14 at 9:00 AM in civil action 2:12-cv-1474 will now be initiated by the Court. On or before 9/9/14, Counsel shall contact Chambers at 412-208-7433 with the names and telephone numbers of participating counsel. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
August 27, 2014 Opinion or Order Filing 134 NOTICE OF APPEAL as to #132 Order, by GEORGE MACHEN, STACY MACHEN. Filing fee $505, receipt number 0315-3306236. Motion for IFP N/A. Certificate of Appealability N/A. Court Reporter(s): Karen Earley, Virginia Pease, Sandra Wenger. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Quinn, Samantha)
August 18, 2014 Opinion or Order Filing 133 CONSOLIDATION ORDER. It is ORDERED that civil actions 2:14-cv-449 and 2:14-cv-450 are hereby CONSOLIDATED at civil action 2:12-cv-1474, the lead case, for all pretrial proceedings. From the date of this Order forward, the parties shall file consolidated papers on the Courts ECF system at Civil Action Number 2:12-cv-1474. Signed by Judge Mark R. Hornak on 8/18/14. (bdb)
July 28, 2014 Opinion or Order Filing 132 ORDER. It is hereby ORDERED that Defendant's Motions for Summary Judgment are GRANTED IN PART and DENIED IN PART as follows: As to Plaintiffs' claims for strict liability, breach of express warranty, and breach of implied warranty, the Motions are GRANTED. The Motion as to Ms. Rowland's claim for negligent failure to warn is DENIED. The Motion as to Mr. Machen's claim for negligent failure to warn is GRANTED; Mrs. Machen's attendant claim for loss of consortium is DISMISSED; and those Plaintiffs' case is DISMISSED. The Motion as to Mrs. Orr's claim for negligent failure to warn is DENIED. Signed by Judge Mark R. Hornak on 7/28/14. (bdb)
July 28, 2014 Opinion or Order Filing 131 OPINION. Signed by Judge Mark R. Hornak on 7/28/14. (bdb)
June 30, 2014 Opinion or Order Filing 130 RESPONSE IN OPPOSITION to #129 Motion to Consolidate Cases, filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Appendix to Opposition to Consolidate, #2 Exhibit 01 - 2013-04-17 - Luttrell Order, #3 Exhibit 02 - 2013-02-25 - Denied Moti...solidate (Bowles-Sheffer), #4 Exhibit 03 - 2005-09-15 Anderson Complaint, #5 Exhibit 04 - 2005-09-15 Becker Complaint, #6 Exhibit 05 - 2005-09-15 Wood Complaint, #7 Exhibit 06 - 2007-10-10 In re Aredia and Zometa Prods Liab Litig, #8 Exhibit 07 - Payne v NPC, #9 Exhibit 08 - D'Agnese v NPC, #10 Exhibit 09 - Zimmerman v NPC, #11 Exhibit 10 - Luttrell v NPC, #12 Exhibit 11 - Ingram v NPC, #13 Exhibit 12 - Eberhart v NPC, #14 Exhibit 13 - 2008-04-22 Order In re A&Z Litig, #15 Exhibit 14 - 2007-11-30 NPC's Memo ISO Motion to Sever, #16 Exhibit 15 - 2012-10-12 Guenther Report & Recommendation, #17 Exhibit 16 - 2012-05-22 - Liebling Order, #18 Exhibit 17 - 2005-04-29 Hawkins HCR, #19 Exhibit 18 - 2005-05-23 Hawkins HCR, #20 Exhibit 19 - 2014-01-08 Tarabay-Caridad Depo Transcript Excerpts, #21 Exhibit 20 - 2005-09-24 Warchol HCR, #22 Exhibit 21 - 2005-10-03 Warchol HCR, #23 Exhibit 22 - 2006-08-07 Warchol HCR, #24 Exhibit 23 - 2006-10-02 Warchol HCR, #25 Exhibit 24 - 2006-12-04 Warchol HCR, #26 Exhibit 25 - Farahmand v Rumsfeld, #27 Exhibit 26 - Kerley v Great Lakes Dredge & Dock Co., #28 Exhibit 27 - Richardson v US Airways Group Inc., #29 Exhibit 28 - Simmons v Wyeth Labs, #30 Exhibit 29 - 2012-09-20 Order In re Accutane Prods. Liab. Litig.) (Bromberg, Neil)
June 16, 2014 Opinion or Order Filing 129 MOTION to Consolidate Cases by GEORGE MACHEN, STACY MACHEN, JOHN ORR, MICHELLE PRATT ORR, MICHELLE PRATT ORR, KAREN ROWLAND. (Attachments: #1 Proposed Order) (Butcher, Joseph)
May 12, 2014 Opinion or Order Filing 128 NOTICE of Supplemental Authority in Support of Opposition to Defendant's Motions for Summary Judgment by GEORGE MACHEN, STACY MACHEN, MICHELLE PRATT ORR, KAREN ROWLAND re #45 Brief in Opposition to Motion, #46 Response in Opposition (Krauth, Daniel)
March 31, 2014 Opinion or Order Filing 127 ORDER. It is ORDERED that #69 Motion to Exclude Causation Testimony of Plaintiffs' Case-Specific Retained and Non-Retained Experts in the Orr Case is GRANTED IN PART and DENIED IN PART; #70 Motion to Exclude Causation Testimony of Plaintiffs' Case-Specific Retained and Non-Retained Experts in the Rowland Case is GRANTED IN PART and DENIED IN PART; #71 Motion to Exclude Causation Testimony of Plaintiffs' Case-Specific Retained and Non-Retained Experts in the Machen Case is GRANTED IN PART and DENIED IN PART; #72 Motion to Exclude Testimony of Dr. Robert Marx is DENIED WITHOUT PREJUDICE as to his opinion on pre-Zometa dental treatment measures, but WITH PREJUDICE in all other respects; #74 Motion to Exclude Testimony of Dr. James Vogel is DENIED WITHOUT PREJUDICE as to as to his opinion on pre-Zometa dental treatment measures and alternative dosing durations and regimens, but WITH PREJUDICE in all other respects; #76 Motion to Exclude Testimony of Dr. Suzanne Parisian is GRANTED IN PART and DENIED IN PART; #78 Motion to Exclude Testimony of Prof. Wayne Ray is GRANTED IN PART and DENIED IN PART; #80 Motion to Exclude Testimony of Dr. Keith Skubitz is DENIED WITHOUT PREJUDICE as to his opinions on pre-Zometa dental treatment measures and alternative dosing durations and regimens, but WITH PREJUDICE in all other respects. Signed by Judge Mark R. Hornak on 3/31/14. (bdb)
March 31, 2014 Opinion or Order Filing 126 OPINION. Signed by Judge Mark R. Hornak on 3/31/14. (bdb)
March 28, 2014 Opinion or Order Filing 125 NOTICE of Supplemental Authority in Support of Motions for Summary Judgment by NOVARTIS PHARMACEUTICALS CORPORATION re #39 Concise Statement of Material Facts, #37 Concise Statement of Material Facts, #35 Concise Statement of Material Facts. (Attachments: #1 Exhibit A - Luttrell Opinion, #2 Exhibit B - Parkinson Opinion) (Bromberg, Neil)
March 11, 2014 Opinion or Order Filing 124 Minute Entry for proceedings held before Judge Mark R. Hornak: Motion Hearing held on 3/11/14. (Court Reporter: Sandra Wenger) (bdb)
March 7, 2014 Opinion or Order Filing 123 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephone Status Conference held on 3/7/14. (Court Reporter: Sandra Wenger) (jad)
February 20, 2014 Opinion or Order Filing 122 NOTICE Supplemental Lift of of Updated Filing of Case Law Relevant to Pending Daubert Motions by GEORGE MACHEN, STACY MACHEN, MICHELLE PRATT ORR, KAREN ROWLAND re Order, Set Deadlines/Hearings. (Attachments: #1 Exhibit 1 - Mathews v NPC Decision, #2 Exhibit 2 - Guenther v NPC Decision, #3 Exhibit 3 - Stambolian v NPC Decision, #4 Exhibit 4 - Georges v NPC Decision, #5 Exhibit 5 - Winter v NPC Decision) (Osborn, Daniel)
February 20, 2014 Opinion or Order Filing 121 NOTICE of Updated Filing of Case Law Relevant to Pending Daubert Motions by NOVARTIS PHARMACEUTICALS CORPORATION re #101 Notice. (Attachments: #1 Exhibit Stambolian v. NPC (C.D. Cal. 12-06-13), #2 Exhibit Sheffer and Bowles v. NPC (S.D. Ohio 09-20-13), #3 Exhibit Guenther v. NPC (M.D. Fla. 3-28-13) [re Parisian), #4 Exhibit Guenther v. NPC (M.D. Fla. 3-28-13) [re Marx), #5 Exhibit Guenther v. NPC (M.D. Fla. 3-28-13) [re Vogel), #6 Exhibit Guenther v. NPC (M.D. Fla. 3-28-13) [re Skubitz], #7 Exhibit Guenther v. NPC [re Ray], #8 Exhibit 09.13.2013 Guenther Trial re Marx, #9 Exhibit 09.11.2013 Guenther Trial Transcript Excerpt) (Bromberg, Neil) Modified on 2/21/2014. (jv, )
February 13, 2014 Opinion or Order Filing 120 SCHEDULING ORDER. A Telephonic Status Conference with all counsel is hereby SCHEDULED for 3/7/14 at 9:30 AM before Judge Mark R. Hornak. Counsel shall be prepared to discuss argument and testimony, if any, at the Daubert Hearing scheduled for 3/11/14 at 10:00 AM. The Court requests that counsel update The Court on any ADR related matters, as appropriate. The Court will conduct the call via an AT&T call-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of Case Participants Only, so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 2/13/14. (bdb) Modified on 3/5/2014 to correct the time of the Daubert Hearing. (bdb)
February 12, 2014 Opinion or Order Filing 119 BRIEF in Opposition to #106 Notice, Order, Set Deadlines, Plaintiffs's Supplemental Briefing on the Effect of Lance v. Wyeth on Pending Motions filed by GEORGE MACHEN, STACY MACHEN, JOHN ORR, MICHELLE PRATT ORR, MICHELLE PRATT ORR, KAREN ROWLAND. (Vecchione, John)
February 12, 2014 Opinion or Order Filing 118 Memorandum re The Effect of Lance v. Wyeth by NOVARTIS PHARMACEUTICALS CORPORATION (Attachments: #1 Exhibit 05.14.2013 Meng Trial Transcript, #2 Exhibit 09.09.2013 Guenther Trial Transcript, #3 Exhibit 05.16.2012 Najjar Depo in Rowland, #4 Exhibit 05.01.2013 Meng Trial Transcript, #5 Exhibit 04.30.2013 Meng Trial Transcript) (Bromberg, Neil) Modified to remove notice from entry on 2/13/2014. (jv)
February 11, 2014 Opinion or Order ORDER DENYING AS MOOT #82 Motion for Daubert Hearing and Argument, based on the text-order filed by the Court on 1/17/14. Signed by Judge Mark R. Hornak on 2/11/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
January 23, 2014 Opinion or Order Order regarding supplemental authority. The parties shall file, on or before February 12, 2014, a supplemental memorandum relative to the pending motions for summary judgment as to the effect, if any of the decision of the Pennsylvania Supreme Court in Lance v. Wyeth, No. 17 EAP 2011, decided January 21, 2014 on the disposition of such motion(s). Signed by Judge Mark R. Hornak on 1/23/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
January 17, 2014 Opinion or Order Filing 117 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephone Status Conference held on 1/16/14. (Court Reporter: Sandra Wenger) (jad)
January 17, 2014 Opinion or Order SCHEDULING ORDER. An Oral Argument is hereby SCHEDULED for 3/11/14 at 10:00 AM in Courtroom 6A before Judge Mark R. Hornak. Counsel shall be prepared to argue all underlying Motions for Summary Judgment, as well as all pending Daubert Motions. On or before 2/20/14, the parties shall each file an updated listing of Daubert and Daubert-like dispositions in other Zometa/Aredia cases as to the relevant expert witnesses in this case, identifying each case, providing its docket number, and indicating whether each expert was permitted to testify at trial, and if so, as to what issues. Signed by Judge Mark R. Hornak on 1/17/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
January 15, 2014 Opinion or Order Filing 116 NOTICE of Supplemental Authority by NOVARTIS PHARMACEUTICALS CORPORATION re #39 Concise Statement of Material Facts, #37 Concise Statement of Material Facts, #35 Concise Statement of Material Facts, (Attachments: #1 Exhibit A - Bergstresser v. Bristol-Myers Squibb Co.) (Bromberg, Neil) Modified on 1/16/2014. (jv, )
January 15, 2014 Opinion or Order Filing 115 RESPONSE to Plaintiffs' Notice of Supplemental Authority to #106 Notice, filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Bromberg, Neil)
December 19, 2013 Opinion or Order Filing 114 ANSWER to #109 Amended Complaint and Jury Demand by NOVARTIS PHARMACEUTICALS CORPORATION. (Bromberg, Neil)
December 18, 2013 Opinion or Order Filing 113 SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for 1/16/14 at 4:00 PM EST before Judge Mark R. Hornak. Counsel shall be prepared to discuss all pending motions, as well as setting a date for Oral Argument. The Court will conduct the call via an AT&T dial-in number, which requires participants to call-in and provide an access code. Signed by Judge Mark R. Hornak on 12/18/13. (bdb)
December 13, 2013 Opinion or Order Filing 112 ORDER GRANTING #111 Motion for Daniel A. Osborn to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 12/13/13. (bdb)
December 12, 2013 Opinion or Order Filing 111 MOTION for attorney Daniel A. Osborn to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3028021) by GEORGE MACHEN, STACY MACHEN, JOHN ORR, MICHELLE PRATT ORR, MICHELLE PRATT ORR, KAREN ROWLAND. (Attachments: #1 Affidavit of Daniel A. Osborn, #2 Exhibit A - Certificate of Good Standing of Daniel A. Osborn, #3 Proposed Order Admitting Daniel A. Osborn Pro Hac Vice) (Osborn, Daniel)
December 2, 2013 Opinion or Order Filing 109 AMENDED COMPLAINT against NOVARTIS PHARMACEUTICALS CORPORATION, filed by MICHELLE PRATT ORR, JOHN ORR. (Osborn, Daniel)
November 22, 2013 Opinion or Order Filing 108 ORDER OF COURT. It is hereby ORDERED that #53 Motion to Preclude Punitive Damages in the Rowland Case and #55 Motion to Preclude Punitive Damages in the Machen Case, are both hereby DENIED. Plaintiff Orr's Motion to Amend in 12-cv-1715 is GRANTED. Plaintiff's Motion to Consolidate the cases for trial in 12-cv-1715 is DENIED WITHOUT PREJUDICE to its later reassertion. Signed by Judge Mark R. Hornak on 11/22/13. (bdb)
November 22, 2013 Opinion or Order Filing 107 OPINION. Signed by Judge Mark R. Hornak on 11/22/13. (bdb)
October 18, 2013 Opinion or Order Filing 106 NOTICE of Supplemental Authority in Support of Opposition to Defendant's Motions for Summary Judgment and Motions to Exclude Testimony of Plaintiffs' Experts by GEORGE MACHEN, STACY MACHEN, MICHELLE PRATT ORR, KAREN ROWLAND re #45 Brief in Opposition to Motion, #91 Brief in Opposition to Motion, #84 Brief in Opposition to Motion, #93 Brief in Opposition to Motion, #90 Response in Opposition, #46 Response in Opposition, #92 Brief in Opposition to Motion. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Krauth, Daniel) Modified to remove duplicative attchment description on 10/21/2013. (jv)
September 9, 2013 Opinion or Order Filing 105 NOTICE of Supplemental Authority by NOVARTIS PHARMACEUTICALS CORPORATION re #39 Concise Statement of Material Facts, #37 Concise Statement of Material Facts, #35 Concise Statement of Material Facts, (Attachments: #1 Exhibit 1 - Payne Order) (Bromberg, Neil)
August 30, 2013 Opinion or Order Filing 104 NOTICE of Supplemental Authority by NOVARTIS PHARMACEUTICALS CORPORATION re #59 Response to Motion, (Attachments: #1 Exhibit 1- Hendrix Order Denying Motion to Amend to Add Punitive Damages) (Bromberg, Neil)
August 14, 2013 Opinion or Order Filing 103 RESPONSE to Defendant's Filing on Daubert and Punitive Rulings to #102 Notice, #101 Notice, filed by GEORGE MACHEN, STACY MACHEN, KAREN ROWLAND. (Attachments: #1 Exhibit 1) (Krauth, Daniel)
July 22, 2013 Opinion or Order Filing 102 NOTICE of Supplemental Authority by NOVARTIS PHARMACEUTICALS CORPORATION re #53 Motion to Preclude Punitive Damages in the Rowland Case, #55 Motion to Preclude Punitive Damages in the Machen Case, #101 Notice. (Attachments: #1 Exhibit 1 - 7-22-2013 Dopson Troutt Order) (Bromberg, Neil) Modified on 7/24/2013. (tt)
July 19, 2013 Opinion or Order Filing 101 NOTICE of Filing of Case Law Relevant to NPC's Pending Daubert Motions and Motion to Preclude Punitive Damages by NOVARTIS PHARMACEUTICALS CORPORATION re 7/8/2013 Scheduling Order. (Attachments: #1 Exhibit 11/23/09 Meng/Bagley v. NPC, #2 Exhibit 4/30/10 Bessemer v. NPC, #3 Exhibit 4/30/10 Bessemer v. NPC, #4 Exhibit 5/31/12Meng v. NPC, #5 Exhibit 7/16/10 Deutsch v. NPC, #6 Exhibit 6/28/11 Talley v. NPC, #7 Exhibit 8/11/11 Talley v. NPC, #8 Exhibit 11/18/11 Irby v. NPC, #9 Exhibit 12/16/11 Brown v. NPC, #10 Exhibit 9/5/12 Zimmerman v. NPC, #11 Exhibit 2/7/13 Chiles v. NPC, #12 Exhibit 2/25/13 Chiles v. NPC, #13 Exhibit Chiles Verdict Form, #14 Exhibit 2/28/13 Krause v. NPC, #15 Exhibit 3/27/13 Guenther v. NPC, #16 Exhibit 4/22/13 Stromenger v. NPC, #17 Exhibit 7/12/13 Mathews v. NPC, #18 Exhibit 6/27/11 Forman v. NPC, #19 Exhibit 7/9/12 Davids v. NPC, #20 Exhibit 8/13/12 Carol Hill v. NPC, #21 Exhibit 4/16/12 Knopf/Mars v. NPC, #22 Exhibit 10/25/10 Fussman v. NPC, #23 Exhibit 8/26/11 Baldwin v. NPC, #24 Exhibit Baldwin Verdict Form, #25 Exhibit 9/14/11 Kyle/Mahaney v. NPC, #26 Exhibit Kyle Verdict Form, #27 Exhibit 3/21/12 Chris Hill v. NPC, #28 Exhibit 6/18/13 Chris Hill v. NPC, #29 Exhibit 10/14/09 Stevens v. NPC, #30 Exhibit 4/30/10 Bessemer v. NPC, #31 Exhibit 4/30/10 Bessemer v. NPC, #32 Exhibit 10/7/10 Fussman v. NPC, #33 Exhibit 3/8/11 Deutsch v. NPC, #34 Exhibit 4/24/11 Hogan v. NPC, #35 Exhibit 9/12/11 Kyle/Mahaney v. NPC, #36 Exhibit 11/15/11 Kyle/Mahaney v. NPC, #37 Exhibit 1/9/12 Brown v. NPC, #38 Exhibit 9/20/12 Brown v. NPC, #39 Exhibit 1/20/12 Brodie v. NPC, #40 Exhibit 3/8/12 Baldwin/Winter v. NPC, #41 Exhibit Levine Stipulation, #42 Exhibit 3/21/12 Talley/Lemons v. NPC, #43 Exhibit 4/19/12 Davids v. NPC, #44 Exhibit 8/24/12 Carol Hill v. NPC, #45 Exhibit 9/25/12 Zimmerman v. NPC, #46 Exhibit 11/2/12 Georges v. NPC, #47 Exhibit 11/7/12 Chris Hill v. NPC, #48 Exhibit 12/7/12 Rutz v. NPC, #49 Exhibit 12/13/12 Jenkins/Thorn v. NPC, #50 Exhibit 3/28/13 Guenther v. NPC, #51 Exhibit 4/2/13 Dopson-Troutt v. NPC, #52 Exhibit 4/22/13 Taylor v. NPC, #53 Exhibit 1/28/13 DAgnese v. NPC, #54 Exhibit 4/30/10 Bessemer v. NPC, #55 Exhibit 4/30/10 Bessemer v. NPC, #56 Exhibit 6/28/11 Talley v. NPC, #57 Exhibit 11/8/11 Zimmerman v. NPC, #58 Exhibit 2/6/12 Brown v. NPC, #59 Exhibit 9/8/12 Conklin v. NPC, #60 Exhibit 11/7/12 Chris Hill v. NPC, #61 Exhibit 3/28/13 Guenther v. NPC, #62 Exhibit 4/3/13 Dopson-Troutt v. NPC, #63 Exhibit 10/15/09 Stevens v. NPC, #64 Exhibit 8/24/12 Carol Hill v. NPC, #65 Exhibit 2/28/12 Baldwin v. NPC, #66 Exhibit 3/5/13 Jenkins/Thorn v. NPC, #67 Exhibit 4/30/10 Bessemer v. NPC, #68 Exhibit 4/30/10 Bessemer v. NPC, #69 Exhibit 3/14/13 Dopson-Troutt v. NPC, #70 Exhibit 3/14/13 Guenther v. NPC, #71 Exhibit 4/30/10 Bessemer v. NPC, #72 Exhibit 4/30/10 Bessemer v. NPC, #73 Exhibit 1/22/13 Jenkins/Thorn v. NPC, #74 Exhibit 4/4/13 Taylor v. NPC, #75 Exhibit 5/10/13 Guenther v. NPC, #76 Exhibit 5/14/13 Dopson-Troutt v. NPC, #77 Exhibit 8/24/12 Carol Hill v. NPC, #78 Exhibit 3/7/13 Jenkins/Thorn v. NPC, #79 Exhibit 3/11/13 Guenther v. NPC, #80 Exhibit 3/13/13 Dopson-Troutt v. NPC, #81 Exhibit 4/30/10 Bessemer v. NPC, #82 Exhibit 4/30/10 Bessemer v. NPC) (Bromberg, Neil)
July 8, 2013 Opinion or Order SCHEDULING ORDER. Defendant shall file with the Court a copy of any order and/or opinion by any state or federal court as to any Daubert or similar motion relative to any of the experts referred to in ECF docket numbers 69-83 in this case. Defendant shall also file any orders and/or opinions disposing, in whole or in part, the issue of punitive damages, relative to ECF docket numbers 53-56. These documents shall be filed on or before July 19, 2013. Signed by Judge Mark R. Hornak on 7/8/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
June 14, 2013 Opinion or Order Filing 100 Errata re #99 Notice of Supplemental Authority by GEORGE MACHEN, STACY MACHEN, KAREN ROWLAND. Reason for Correction: signature did not match filer. (Attachments: #1 Exhibit) (Krauth, Daniel)
June 14, 2013 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #99 Notice. ERROR: Signature on document and filer do not match. CORRECTION: Attorney Quinn advised of signature requirements. Attorney Krauth to resubmit the document using the Errata event. This message is for informational purposes only. (ksa)
June 13, 2013 Opinion or Order Filing 99 NOTICE of Supplemental Authority by GEORGE MACHEN, STACY MACHEN, KAREN ROWLAND re #84 Brief in Opposition to Motion. (Attachments: #1 Exhibit) (Quinn, Samantha)
May 7, 2013 Opinion or Order Filing 98 REPLY BRIEF re #76 MOTION to Exclude Testimony of Plaintiffs' Expert Dr. Suzanne Parisian, #82 MOTION for Daubert Evidentiary Hearing and Oral Argument, #80 MOTION to Exclude Testimony of Plaintiffs' Expert Dr. Keith Skubitz, #72 MOTION to Exclude Testimony of Plaintiffs' Expert Dr. Robert Marx, #74 MOTION to Exclude Testimony of Plaintiffs' Expert Dr. James Vogel, #78 MOTION to Exclude Testimony of Plaintiffs' Expert Prof. Wayne Ray filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Omnibus Reply Brief Appendix, #2 Exhibit 1 - Excerpts from Plaintiffs' Response in Opposition to NPC's Motion to Vacate the Case Management Order, #3 Exhibit 2 - Order, Taylor v. Novartis Pharm. Corp., #4 Exhibit 3 - Order, D'Agnese v. Novartis Pharm. Corp., #5 Exhibit 4 - Memorandum and Order, Payne v. Novartis Pharm. Corp., #6 Exhibit 5 - Order, Krause v. Novartis Pharm. Corp., #7 Exhibit 6 - Excerpts from Joint Pre-Hearing Statement, D'Agnese v. Novartis Pharm. Corp., #8 Exhibit 7 - NPC's Response to March 27, 2013 Order, Krause v. Novartis Pharm. Corp., #9 Exhibit 8 - 3/4/2013 Evidentiary Hearing Transcript, Payne v. Novartis Pharm. Corp., #10 Exhibit 9 - Plantiffs' Notice of Withdrawing Expert Designation (Dopson-Troutt v. Novartis Pharm. Corp., Guenther v. Novartis Pharm. Corp.)) (Bromberg, Neil) Modified on 5/8/2013. (jv, )
May 7, 2013 Opinion or Order Filing 97 REPLY BRIEF re #69 MOTION to Exclude Causation Testimony of Plaintiff's Case-Specific Retained and Non-Retained Experts in the Orr Case filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Orr Reply Brief Appendix, #2 Exhibit 1 - NPC's Designation of Non-Retained Experts in Orr, #3 Exhibit 2 - 3-12-2012 Dep. Tr. of Dr. David Roodman, #4 Exhibit 3 - 5-23-2011 Dep. Tr. of Dr. Daniel Atallah, #5 Exhibit 4 - 5-22-2012 Dep. Tr. of Dr. Daniel Atallah) (Bromberg, Neil)
May 7, 2013 Opinion or Order Filing 96 REPLY BRIEF re #71 MOTION to Exclude Causation Testimony of Plaintiffs' Case-Specific Retained and Non-Retained Experts in the Machen Case, filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Exhibit 1 - 3/20/2012 Dep. Tr. of Dr. Mark Stein) (Bromberg, Neil)
May 7, 2013 Opinion or Order Filing 95 REPLY BRIEF re #70 MOTION to Exclude Causation Testimony of Plaintiff's Case-Specific Retained and Non-Retained Experts in the Rowland Case, filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Exhibit 1 - 3/21/2012 Dep. Tr. of Dr. William Chung) (Bromberg, Neil)
April 29, 2013 Opinion or Order Filing 94 NOTICE of Supplemental Authority by NOVARTIS PHARMACEUTICALS CORPORATION re #53 Motion to Preclude Punitive Damages in the Rowland Case, #55 Motion to Preclude Punitive Damages in the Machen Case. (Attachments: #1 Exhibit 1 - Stromenger v Novartis Pharms. Corp., #2 Exhibit 2 - Nelson v Biogen Idec Inc.) (Bromberg, Neil) Modified docket text on 5/1/2013. (tt)
April 23, 2013 Opinion or Order Filing 93 BRIEF in Opposition re #70 MOTION to Exclude Causation Testimony of Plaintiff's Case-Specific Retained and Non-Retained Experts in the Rowland Case filed by KAREN ROWLAND. (Attachments: #1 Exhibit A - Rowland MDL-1760 Case-Specific Expert Opposition, #2 Exhibit B - Rowland MDL-1760 Vecchione Declaration) (Vecchione, John)
April 23, 2013 Opinion or Order Filing 92 BRIEF in Opposition re #71 MOTION to Exclude Causation Testimony of Plaintiffs' Case-Specific Retained and Non-Retained Experts in the Machen Case filed by GEORGE MACHEN, STACY MACHEN. (Attachments: #1 Exhibit A - Machen MDL-1760 Case-Specific Experts Opposition, #2 Exhibit B - Machen MDL-1760 Vecchione Declaration) (Vecchione, John)
April 23, 2013 Opinion or Order Filing 91 BRIEF in Opposition re #76 MOTION to Exclude Testimony of Plaintiffs' Expert Dr. Suzanne Parisian, #82 MOTION for Daubert Evidentiary Hearing and Oral Argument, #80 MOTION to Exclude Testimony of Plaintiffs' Expert Dr. Keith Skubitz, #72 MOTION to Exclude Testimony of Plaintiffs' Expert Dr. Robert Marx, #74 MOTION to Exclude Testimony of Plaintiffs' Expert Dr. James Vogel, #78 MOTION to Exclude Testimony of Plaintiffs' Expert Dr. James Vogel filed by GEORGE MACHEN, STACY MACHEN, JOHN ORR, MICHELLE PRATT ORR, KAREN ROWLAND. (Attachments: #1 Exhibit 1 - Chiles Daubert Order, #2 Exhibit 2 - MDL-1760 Daubert Order on Dr. Marx, #3 Exhibit 3 - MDL-1760 Daubert Order on Dr. Skubitz, #4 Exhibit 4 - MDL-1760 Daubert Order on Dr. Vogel, #5 Exhibit 5 - Stevens Order on Dr. Marx, #6 Exhibit 6 - Stevens Order on Dr. Parisian, #7 Exhibit 7 - Bessemer Order on Dr. Marx, #8 Exhibit 8 - Bessemer Order on Dr. Parisian, #9 Exhibit 9 - Bessemer Order on Prof. Ray, #10 Exhibit 10 - Bessemer Order on Dr. Vogel, #11 Exhibit 11 - Bessemer Order on Dr. Skubitz, #12 Exhibit 12 - Fussman Daubert Order, #13 Exhibit 13 - Kyle-Mahaney Daubert Order, #14 Exhibit 14 - Zimmerman Daubert Order on Dr. Marx, #15 Exhibit 15 - Kyle-Mahaney Daubert Order on Dr. Parisian, #16 Exhibit 16 - Brown Daubert Order, #17 Exhibit 17 - Brodie Daubert Order, #18 Exhibit 18 - Zimmerman Daubert Order on Dr. Parisian, #19 Exhibit 19 - Georges Daubert Order on Dr. Marx and Dr. Parisian, #20 Exhibit 20 - Rutz Daubert Order on Dr. Marx, Dr. Parisian and Prof. Ray, #21 Exhibit 21 - D'Agnese Daubert Order on Dr. Vogel, #22 Exhibit 22 - Taylor Daubert Order on Dr. Parisian and Dr. Vogel, #23 Exhibit 23 - MDL-1760 PSC Daubert Opposition on Dr. Marx, #24 Exhibit 24 - NPC ONJ Flash Card, #25 Exhibit 25 - MDL-1760 PSC Daubert Opposition on Dr. Parisian, #26 Exhibit 26 - MDL-1760 PSC Daubert Opposition on Prof. Ray, #27 Exhibit 27 - MDL-1760 PSC Daubert Opposition on Dr. Vogel, #28 Exhibit 28 - MDL-1760 PSC Daubert Opposition on Dr. Skubitz, #29 Exhibit 29 - Davids -- Endless Motion Practice) (Vecchione, John)
April 23, 2013 Opinion or Order Filing 90 RESPONSE IN OPPOSITION to #69 Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Retained and Non-Retained Experts in the Orr Case, filed by JOHN ORR, MICHELLE PRATT ORR. (Attachments: #1 Exhibit A - Plaintiffs Opposition to Defendant Novartis Pharmaceuticals Corporations Daubert Motion to Exclude The Causation Testimony of Plaintiffs Expert Witnesses (M.D. Tenn. July 15, 2012) (MDL ECF No. 5923), #2 Exhibit B - Declaration of Daniel A. Osborn In Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment in the Orr Case (M.D. Tenn. July 16, 2012) (MDL ECF No. 5945) (attached (with relevant exhibits only)) (Osborn, Daniel) Modified docket text on 4/26/2013. (tt)
April 11, 2013 Opinion or Order Filing 89 ORDER GRANTING #88 Motion for David K. Lietz to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 4/10/13. (jad)
April 10, 2013 Opinion or Order Filing 88 MOTION for attorney David K Lietz to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2745590) by KAREN ROWLAND. (Attachments: #1 Proposed Order) (Lietz, David)
April 9, 2013 Opinion or Order Filing 87 REPLY BRIEF re #53 Motion to Preclude Punitive Damages in the Rowland Case, #55 Motion MOTION to Preclude Punitive Damages in the Machen Case filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Reply Brief Appendix, #2 Exhibit 1 - Guenther v. Novartis Pharm. Corp., No. 6:08-cv-456-Orl-31DAB, 2013 WL 1225391 (M.D. Fla. Mar. 27, 2013), #3 Exhibit 2 - Krause v. Novartis Pharm. Corp., --- F. Supp. 2d ---, No. 1:06cv12-SPM/GRJ, 2013 WL 785229 (N.D. Fla. Feb. 28, 2013), #4 Exhibit 3 - Brown v. Novartis Pharm. Corp., No. 7:08-CV-130-FL, 2012 WL 3066588 (E.D.N.C. July 27, 2012), #5 Exhibit 4 - Mars v. Novartis Pharm. Corp., No. 11-2555-RDR, 2012 WL 1288729 (D. Kan. Apr. 16, 2012), #6 Exhibit 5 - Fussman v. Novartis Pharm. Corp., No. 12-1030, 2013 WL 474330 (4th Cir. Feb. 8, 2013), #7 Exhibit 6 - Fulgenzi v. PLIVA, Inc., --- F.3d ---, 2013 WL 949096 (6th Cir. Mar. 13, 2013), #8 Exhibit 7 - Excerpts from Plaintiffs Response in Opposition to Defendants Motion to Apply New Jersey Law to Plaintiffs Punitive Damages Demand, Guenther v. Novartis Pharm. Corp., 6:08-cv-00456 (M.D. Fla. Mar. 15, 2013), #9 Exhibit 8 - Simmers v. CSX Transp., No. Civ. A. 04-168J, 2006 WL 1698326 (W.D. Pa. June 19, 2006)) (Bromberg, Neil)
March 26, 2013 Opinion or Order Filing 86 Errata re #83 Brief in Support of Motion for Daubert Evidentiary Hearing and Oral Argument by NOVARTIS PHARMACEUTICALS CORPORATION. Reason for Correction: Inadvertent Error In One Sentence Which Hereby Is Being Corrected. (Attachments: #1 Exhibit Ex. 1 - Email Exchange Between Counsels) (Bromberg, Neil)
March 25, 2013 Opinion or Order Filing 85 Errata re #84 Brief in Opposition to Motion, by GEORGE MACHEN, STACY MACHEN, KAREN ROWLAND. Reason for Correction: Correcting Title of Brief in Opposition to Motion. (Attachments: #1 Exhibit 1 - Chiles Order re Punitive Damages, #2 Exhibit 2 - Chiles Jury Verdict Sheet, #3 Exhibit 3 - NPC Penn. Buisness Entity Filing History, #4 Exhibit 4 - Boehm Dep. Excerpts, #5 Exhibit 5 - NPC Field Communication) (Vecchione, John)
March 22, 2013 Opinion or Order Filing 84 BRIEF in Opposition re #53 MOTION to Preclude Punitive Damages in the Rowland Case, #55 MOTION to Preclude Punitive Damages in the Machen Case filed by GEORGE MACHEN, STACY MACHEN, KAREN ROWLAND. (Attachments: #1 Exhibit 1 - Chiles v. Novarts Pharms. Corp., slip op. re Availability of Punitive Damages Under N.J. Law, #2 Exhibit 2 - Chiles v. Novartis Pharms. Corp. - Jury Verdict Form, #3 Exhibit 3 - NPC Pa. Buisness Entity History, #4 Exhibit 4 - Boehm Dep. Excerpts, #5 Exhibit 5 - NPC Field Communication) (Vecchione, John)
March 21, 2013 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #70 Exclude Causation Testimony of Plaintiff's Case-Specific Retained and Non-Retained Experts in the Rowland Case. ERROR: Brief should have been filed as a separate document. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed W/ #70 (As attachments) BRIEF in suppory fo #70 Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Retained and Non-Retained Experts in the Rowland Case. This message is for informational purposes only. (jv)
March 21, 2013 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #71 Motion to Exclude Causation Testimony of Plaintiffs' Case-Specific Retained and Non-Retained Experts in the Machen Case. ERROR: BRIEF should have been filed as a separate document. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed W/ #71 BRIEF in Support (as attachments) re #71 MOTION to Exclude Causation Testimony of Plaintiffs' Case-Specific Retained and Non-Retained Experts in the Machen Case. This message is for informational purposes only. (jv)
March 21, 2013 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #69 MOTION to Exclude Causation Testimony of Plaintiff's Case-Specific Retained and Non-Retained Experts in the Orr Case. ERROR: BRIEF should have been filed as a separate document. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed W/ #69 Brief in Support of #69 MOTION to Exclude Causation Testimony of Plaintiff's Case-Specific Retained and Non-Retained Experts in the Orr Case. This message is for informational purposes only. (jv)
March 20, 2013 Opinion or Order W/ #71 BRIEF in Support (as attachments) re #71 MOTION to Exclude Causation Testimony of Plaintiffs' Case-Specific Retained and Non-Retained Experts in the Machen Case filed by NOVARTIS PHARMACEUTICALS CORPORATION. (jv)
March 20, 2013 Opinion or Order W/ #69 BRIEF (as attachments) in Support re #69 MOTION to Exclude Causation Testimony of Plaintiff's Case-Specific Retained and Non-Retained Experts in the Orr Case, filed by NOVARTIS PHARMACEUTICALS CORPORATION. (jv)
March 20, 2013 Opinion or Order W/ #70 BRIEF (as attachments) in Support re #70 Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Retained and Non-Retained Experts in the Rowland Case, filed by NOVARTIS PHARMACEUTICALS CORPORATION. (jv)
March 20, 2013 Opinion or Order Filing 83 BRIEF in Support re #82 Motion for Daubert Evidentiary Hearing and Oral Argument filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Exhibit 1. E-Mail Exchange Between Plaintiffs Counsel and NPCs Counsel) (Bromberg, Neil)
March 20, 2013 Opinion or Order Filing 82 MOTION for Daubert Evidentiary Hearing and Oral Argument by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Daubert Hearing Proposed Order) (Bromberg, Neil)
March 20, 2013 Opinion or Order Filing 81 BRIEF in Support re #80 Motion to Exclude Testimony of Plaintiffs' Expert Dr. Keith Skubitz filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Skubitz Brief Appendix, #2 Exhibit 1. In re Aredia & Zometa Prods. Liab. Litig., No. 3:06-MD-1760 (M.D. Tenn. Aug. 13, 2009) (MDL ECF No. 2810), #3 Exhibit 2. Expert Report of Keith M. Skubitz, M.D., #4 Exhibit 3. 2/16/2009 & 4/27/2009 Deposition Transcripts of Dr. Keith Skubitz, #5 Exhibit 4. Rebuttal Report of Keith M. Skubitz, M.D., #6 Exhibit 5. Pritchard v. Dow Agro Sciences, 430 F. Appx 102 (3d Cir. 2011), #7 Exhibit 6. In re Rezulin Prods. Liab. Litig., 309 F. Supp. 2d 531 (S.D.N.Y. 2004), #8 Exhibit 7. E-Mail Exchange Between Plaintiffs Counsel and NPCs Counsel, #9 Exhibit 8. In re Conrail Toxic Tort Fela Litig., No. Civ. A. 94-11J, 1998 WL 465897 (W.D. Pa. Aug. 4, 1998), #10 Exhibit 9. Westfield Ins. v. Detroit Diesel Corp., Civ. A. No. 3:10-CV-100, 2012 WL 1611311 (W.D. Pa. May 8, 2012), #11 Exhibit 10. A. Corso, et al., A Different Schedule of Zoledronic Acid Can Reduce the Risk of the Osteonecrosis of the Jaw in Patients with Multiple Myeloma, 21 Leukemia 1545 (2007), #12 Exhibit 11. ASCO Executive Summary of the Clinical Practice Guideline Update on the Role of Bone-Modifying Agents in Metastatic Breast Cancer, 29 J. Clin. Oncol. 1221 (2011), #13 Exhibit 12. 8/29/2012 Deposition Transcript of Dr. Robert Marx, #14 Exhibit 13. 10/16/2012 Trial Testimony of Dr. Robert Marx, #15 Exhibit 14. 5/16/2012 Deposition Transcript of Dr. Talib Najjar in Machen, #16 Exhibit 15. 4/25/2012 Deposition Transcript of Dr. Robert Marx, #17 Exhibit 16. 5/26/2009 Deposition Transcript of Dr. Robert Marx, #18 Exhibit 17. Miller ex rel. Miller v. Evenflo Co., Inc., Civ.A. No. 3:09-108, 2012 WL 112957 (W.D. Pa. Jan. 6, 2012), #19 Exhibit 18. 11/23/2009 Deposition Transcript of Dr. Keith Skubitz, #20 Exhibit 19. D. Henry, et al., A Double-Blind, Randomized Study of Denosumab Versus Zoledronic Acid for the Treatment of Bone Metastases in Patients with Advanced Cancer (Excluding Breast and Prostate Cancer) or Multiple Myeloma, 7 European J. of Cancer Supplements 11 (2009) (Abstract 20LBA), #21 Exhibit 20. A. Stopeck, et al., Denosumab Versus Zoledronic Acid for the Treatment of Breast Cancer Patients with Bone Metastases: Results of a Randomized Phase 3 Study, 7 European J. of Cancer Supplements 2 (2009) (Abstract 2LBA), #22 Exhibit 21. D. Henry, et al., Randomized, Double-Blind Study of Denosumab Versus Zoledronic Acid in the Treatment of Bone Metastases in Patients with Advanced Cancer (Excluding Breast and Prostate Cancer) or Multiple Myeloma, 29 J. Clin. Oncol. 1125 (2011), #23 Exhibit 22. A. Stopeck, et al., Denosumab Compared with Zoledronic Acid for the Treatment of Bone Metastases in Patients with Advanced Breast Cancer: A Randomized, Double-Blind Study, 28 J. Clin. Oncol. 5132 (2010), #24 Exhibit 23. K. Fizazi, et al., Denosumab Versus Zoledronic Acid for Treatment of Bone Metastases in Men with Castration-Resistant Prostate Cancer: A Randomised, Double-Blind Study, 377 Lancet 813 (2011)) (Bromberg, Neil)
March 20, 2013 Opinion or Order Filing 80 MOTION to Exclude Testimony of Plaintiffs' Expert Dr. Keith Skubitz by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Skubitz Proposed Order) (Bromberg, Neil)
March 20, 2013 Opinion or Order Filing 79 BRIEF in Support re #78 Motion to Exclude Testimony of Plaintiffs' Expert Prof. Wayne Ray filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Ray Brief Appendix, #2 Exhibit 1. In re Aredia & Zometa Prods. Liab. Litig., No. 3:06-MD-1760 (M.D. Tenn. Aug. 13, 2009), #3 Exhibit 2. Brian Strom, Pharmacoepidemiology 683 (4th ed. 2005), #4 Exhibit 3. 2/20/09 Dep. Tr. of Prof. Wayne Ray, #5 Exhibit 4. Expert Report of Prof. Wayne Ray, #6 Exhibit 5. Rebuttal Expert Report of Prof. Wayne Ray, #7 Exhibit 6. Revised Expert Report of Prof. Wayne Ray, #8 Exhibit 7. Dale A. Baur, et al., Osteonecrosis of the Jaws Unrelated to Bisphosphonate Exposure: A Series of 4 Cases, 70 J. Oral Maxillofacial Surg. 2802 (2012), #9 Exhibit 8. M. Kos, et al., Clinical Comparison of Patients with Osteonecrosis of the Jaws, With and Without a History of Bisphosphonates Administration, 39 Intl J. Oral Maxillofacial Surg. 1097 (2010), #10 Exhibit 9. 2/21/09 Dep. Tr. of Prof. Wayne Ray, #11 Exhibit 10. 2/27/10 Dep. Tr. of Prof. Wayne Ray, #12 Exhibit 11. Pritchard v. Dow Agro Sciences, affd, 430 F. Appx 102 (3d Cir. 2011), #13 Exhibit 12. John C. Bailar, The Promise and Problems of Meta-Analysis, 337(8) N. Engl. J. Med. 559 (1997), #14 Exhibit 13. 9/12/09 Dep. Tr. of Prof. Wayne Ray, #15 Exhibit 14. Salvatore Ruggiero et al., Practical Guidelines for the Prevention, Diagnosis, and Treatment of Osteonecrosis of the Jaw in Patients with Cancer, 2(1) J. Oncol. Pract. 7 (Jan. 2006), #16 Exhibit 15. Harvey v. Novartis Pharm. Corp., No. 2:06-CV-1140-VEH, 2012 WL 4713097 (N.D. Ala. Oct. 4, 2012), #17 Exhibit 16. Sook-Bin Woo, et al., Systematic Review: Bisphosphonates and Osteonecrosis of the Jaws, 144 Ann. Intern. Med. 753 (2006), #18 Exhibit 17. Federal Judicial Center, Reference Manual on Scientific Evidence at 370 (2d ed. 2000), #19 Exhibit 18. 4/23/10 Hrg Tr., Vol. III, Bessemer v. Novartis Pharm. Corp., No. MID-L-1835- 08 (N.J. Super. Ct. Law Div.), #20 Exhibit 19. 4/23/10 Hrg Tr., Vol. I, Bessemer v. Novartis Pharm. Corp., No. MID-L-1835-08 (N.J. Super. Ct. Law Div.), #21 Exhibit 20. Toni Ibrahim, et al., Osteonecrosis of the Jaw in Patients with Bone Metastases Treated with Bisphosphonates: A Retrospective Study, 13 The Oncologist 330 (2008), #22 Exhibit 21. Anna M. Cafro, Ostenecrosis of the Jaw in Patients with Multiple Myeloma Treated with Bisphosphonates: Definition and Management of the Risk Related to Zoledronic Acid, 8(2) Clinical Lymphoma & Myeloma 111 (2008), #23 Exhibit 22. Mahaney ex rel. Kyle v. Novartis Pharm. Corp., No. 1:06-cv-00035-TBR (W.D. Ky. Sept. 12, 2011), #24 Exhibit 23. FDA Guidance for Industry, Good Pharmacovigilance Practices and Pharmacoepidemiologic Assessment (2005), #25 Exhibit 24. Westfield Ins. v. Detroit Diesel Corp., 3:10-CV-100, 2012 WL 1611311 (W.D. Pa. May 8, 2012), #26 Exhibit 25. Brodie v. Novartis Pharm. Corp., No. 4:10-cv-138-HEA (E.D Mo. Jan. 20, 2012), #27 Exhibit 26. Robert Marx, Letters to the Editor: Pamidronate (Aredia) and Zoledronate (Zometa) Induced Avascular Necrosis of the Jaws: A Growing Epidemic, 61 J. Oral Maxillofacial Surg. 1115 (2003), #28 Exhibit 27. Robert Marx, Reconstruction of Defects Caused by Bisphosphonate-Induced Osteonecrosis of the Jaw, 67 J. Oral Maxillofacial Surg. 107 (2009), #29 Exhibit 28. Hogan v. Novartis Pharm. Corp., No. 06 Civ. 0260 (BMC)(RER), 2011 WL 1533467 (E.D.N.Y. Apr. 24, 2011), #30 Exhibit 29. Bessemer v. Novartis Pharm. Corp., No. MID-L-1835-08 (N.J. Super. Ct. Law Div. Apr. 30, 2010), #31 Exhibit 30. David A. Henry et al., Randomized, Double-Blind Study of Denosumab Versus Zoledronic Acid in the Treatment of Bone Metastases in Patients with Advanced Cancer (Excluding Breast and Prostate Cancer) or Multiple Myeloma, 29(9) J. Clin. Oncol. 1125 (2011), #32 Exhibit 31. Allison T. Stopeck et al., Denosumab Compared with Zoledronic Acid for the Treatment of Bone Metastases in Patients with Advanced Breast Cancer: A Randomized, Double-Blind Study, 28(35) J. Clin. Oncol. 5132 (2010), #33 Exhibit 32. Karim Fizazi et al., Denosumab Versus Zoledronic Acid for Treatment of Bone Metastases in Men with Castration-Resistant Prostate Cancer: A Randomised, Double-Blind Study, 377 Lancet 813 (2011), #34 Exhibit 33. 4/23/10 Hrg. Tr., Vol. II, Bessemer v. Novartis Pharm., No. MID-L-1835-08, (N.J. Super. Ct. Law Div.)) (Bromberg, Neil)
March 20, 2013 Opinion or Order Filing 78 MOTION to Exclude Testimony of Plaintiffs' Expert Prof. Wayne Ray by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Ray Proposed Order) (Bromberg, Neil)
March 20, 2013 Opinion or Order Filing 77 BRIEF in Support re #76 Motion to Exclude Testimony of Plaintiffs' Expert Dr. Suzanne Parisian filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Parisian Brief Appendix, #2 Exhibit 1. In re Aredia & Zometa Prods. Liab. Litig., No. 3:06-MD-1760 (M.D. Tenn. Aug. 13, 2009), #3 Exhibit 2. 1/24/2012 Trial Tr. of Dr. Suzanne Parisian, Brodie v. NPC, No. 4:10-cv-138- HEA (E.D. Mo.), #4 Exhibit 3. Kaufman v. Pfizer Pharm., Inc., No. 1:02-CV-22692, 2011 WL 7659333 (S.D. Fla. Aug. 4, 2011), #5 Exhibit 4. Jenkins/Thorn v. Novartis Pharm. Corp., Nos. 3:11-CV-342, 3:11-CV-373, 2012 WL 6213494 (E.D. Tenn. Dec. 13, 2012), #6 Exhibit 5. Georges v. Novartis Pharm. Corp., No. CV 06-5207 SJO (VBKx) (C.D. Cal. Nov. 2, 2012), #7 Exhibit 6. Hogan v. Novartis Pharm. Corp., No. 06 Civ. 0260 (BMC) (RER), 2011 WL 1533467 (E.D.N.Y. April 24, 2011), #8 Exhibit 7. Zimmerman ex rel. Newman v. Novartis Pharm. Corp., No. 8:08-cv-02089-RWT (D. Md. Sept. 25, 2012), #9 Exhibit 8. Brown v. Novartis Pharm. Corp., No. 7:08-CV-00130-FL (E.D.N.C. Sept. 20, 2012), #10 Exhibit 9. Brown v. Novartis Pharm. Corp., No. 7:08-CV-00130-FL, Magistrate Judges Memorandum and Recommendation (E.D.N.C. Jan. 9, 2012), #11 Exhibit 10. Mahaney ex rel. Kyle v. Novartis Pharm. Corp., No. 1:06-CV-00035-TBR (W.D. Ky. Nov. 15, 2011), #12 Exhibit 11. Bessemer v. Novartis Pharm. Corp., No. MID-L-1835-08-MT (N.J. Super. Ct. Law. Div. Apr. 30, 2010), #13 Exhibit 12. Expert Report of Dr. Suzanne Parisian (Oct. 6, 2008), #14 Exhibit 13. Jenkins/Thorn v. Novartis Pharm. Corp., Nos. 3:11-CV-342, 3:11-CV-373 (E.D. Tenn. Oct. 2, 2012), #15 Exhibit 14. 4/16/2009 Dep. Tr. of Dr. Suzanne Parisian, #16 Exhibit 15. 4/11/2011 Tr. of Daubert Hrg, Deutsch v. Novartis Pharm. Corp., No. CV 97- 4677 (E.D.N.Y.), #17 Exhibit 16. 10/15/2009 Trial Tr., Stevens v. Novartis Pharm. Corp., DV-08-100 (Mont. 4th Jud. Dist. Ct.), #18 Exhibit 17. 4/17/2009 Dep. Tr. of Suzanne Parisian, #19 Exhibit 18. Pritchard v. Dow Agro Sciences, affd, 430 F. Appx 102 (3d Cir. 2011), #20 Exhibit 19. E-Mail Exchange Between Plaintiffs Counsel and NPCs Counsel, #21 Exhibit 20. 10/2/2007 Dep. Tr. of Dr. Parisian, Hays v. C.B. Fleet Holding Co., No. 1-05, CV-048258 (Cal. Super. Ct.), #22 Exhibit 21. Miller v. Stryker Instruments, No. CV 09813PHXSRB, 2012 WL 1718825 (D. Ariz. Mar. 29, 2012), #23 Exhibit 22. Oakberg v. Zimmer, Inc., CV-03-47-BU-SEH, 2004 WL 5503779 (D. Mont. Nov. 23, 2004), #24 Exhibit 23. Barnes v. EBI Med. Sys., Inc., No. 98-439, 2001 WL 36105533 (Va. Cir. Ct. Jan. 26, 2001), #25 Exhibit 24. 3/18/2008 Dep. Tr. of Dr. Suzanne Parisian, #26 Exhibit 25. 5/2/11 Tr. of Daubert Hrg, Deutsch v. Novartis Pharm. Corp., No. CV 97-4677 (E.D.N.Y.), #27 Exhibit 26. Stevens v. Novartis Pharm. Corp., DV-08-100 (Mont. 4th Jud. Dist. Ct. Oct. 14, 2009), #28 Exhibit 27. In re Diet Drugs Prods. Liab. Litig., MDL No. 1203, 2001 WL 454586 (E.D. Pa. Feb. 1, 2001), #29 Exhibit 28. Oswalt v. Resolute Indus., Inc., No. C08-1600MJP, 2010 WL 519736 (W.D. Wash. Feb. 4, 2010), #30 Exhibit 29. 6/20/2011 Daubert Hrg, Talley v. Novartis Pharm. Corp., No. 3:08-CV-361 (W.D.N.C.), #31 Exhibit 30. 2/3/2010 Dep. Tr. of Dr. Suzanne Parisian, #32 Exhibit 31. 1/13/2012 Trial Tr., Mahaney ex rel. Kyle v. Novartis Pharm. Corp., No. 1:06- CV-00035 (W.D. Ky.), #33 Exhibit 32. 8/22/2009 Dep. Tr. of Dr. Suzanne Parisian, #34 Exhibit 33. 11/3/2010 Trial Tr., Fussman v. Novartis Pharm. Corp., No. 1:06-cv-149 (M.D.N.C.), #35 Exhibit 34. 7/10/09 Daubert Hrg Tr., In re Fosamax Prods. Liab. Litig., No. 06-md-1789 (S.D.N.Y.), #36 Exhibit 35. In re Heparin Prods. Liab. Litig., Nos. 08hc600000, 09hc60186, 2011 WL 1059660 (N.D. Ohio Mar. 21, 2011), #37 Exhibit 36. 9/14/2012 Trial Tr. of Dr. Suzanne Parisian, Brown v. Novartis Pharm. Corp., No. 7:08-cv-130-FL (E.D.N.C.), #38 Exhibit 37. 3/23/2012 Trial Tr., Baldwin v. Novartis Pharm. Corp., No. 06-4049-CV-C-MJW (W.D. Mo.), #39 Exhibit 38. 9/29/2010 Parisian Test., Bessemer v. Novartis Pharm. Corp. (N.J. Super. Ct. Law Div.)) (Bromberg, Neil)
March 20, 2013 Opinion or Order Filing 76 MOTION to Exclude Testimony of Plaintiffs' Expert Dr. Suzanne Parisian by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Parisian Proposed Order) (Bromberg, Neil)
March 20, 2013 Opinion or Order Filing 75 BRIEF in Support re #74 Motion to Exclude Testimony of Plaintiffs' Expert Dr. James Vogel filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Vogel Brief Appendix, #2 Exhibit 1. In re Aredia & Zometa Prods. Liab. Litig., No. 3:06-MD-1760 (M.D. Tenn. Aug. 13, 2009) (MDL ECF No. 2811), #3 Exhibit 2. Brodie v. Novartis Pharm. Corp., No. 4:10CV0138-HEA (E.D. Mo. Jan. 20, 2012), #4 Exhibit 3. 4/2/09 Deposition Transcript of Dr. James Vogel, #5 Exhibit 4. B. Petrut et al., A primer of bone metastases management in breast cancer patients, 15 Current Oncol. S50 (2008), #6 Exhibit 5. F. Saad et al., Rationale for zoledronic acid therapy in men with hormonesensitive prostate cancer with or without bone metastasis, 24 Urol. Oncol. 4 (2006), #7 Exhibit 6. Expert Report of James M. Vogel, #8 Exhibit 7. 1/7/10 Deposition Transcript of Dr. James Vogel, #9 Exhibit 8. Pritchard v. Dow Agro Sciences, 430 F. Appx 102 (3d Cir. 2011), #10 Exhibit 9. In re Rezulin Prods. Liab. Litig., 309 F. Supp. 2d 531 (S.D.N.Y. 2004), #11 Exhibit 10. E-Mail Exchange Between Plaintiffs Counsel and NPCs Counsel, #12 Exhibit 11. In re Diet Drugs Prods. Liab. Litig., No. MDL 1203, 2000 WL 876900 (E.D. Pa. June 20, 2000), #13 Exhibit 12. Miller ex rel. Miller v. Evenflo Co., Inc., Civ.A. No. 3:09-108, 2012 WL 112957, (W.D. Pa. Jan. 6, 2012), #14 Exhibit 13. In re Zyprexa Prods. Liab. Litig., 489 F. Supp. 2d 230 (E.D.N.Y. 2007), #15 Exhibit 14. Hussein v. Universal Dev. Mgmt., Inc., No. 2:01CV2381, 2005 WL 6746895, (W.D. Pa. Aug. 25, 2005), #16 Exhibit 15. Dr. Vogel Curriculum Vitae, #17 Exhibit 16. Kent v. Howell Elec. Motors, No. Civ. A. 967221, 1999 WL 517106 (E.D. Pa. July 20, 1999), #18 Exhibit 17. Parmentier v. Novartis Pharm. Corp., No. 1:12-cv-45 SNLJ, 2012 WL 2326047, (E.D. Mo. June 19, 2012), #19 Exhibit 18. Luttrell v. Novartis Pharm. Corp., No. 07-CV-3015-TOR, 2012 WL 4513109 (E.D. Wash. Oct. 1, 2012), #20 Exhibit 19. In re Diet Drugs (Phentermine, Fenfluramine, Dexfenfluramine) Products Liab. Litig., MDL 1203, 2000 WL 962545 (E.D. Pa. June 28, 2000), #21 Exhibit 20. United States v. Fleet Mgmt. Ltd., Crim.A. No. 07-279, 2008 WL 1924250 (E.D. Pa. Apr. 29, 2008), #22 Exhibit 21. La Verde et al., Osteonecrosis of the Jaw (ONJ) in Cancer Patients Treated With Bisphosphonates: How the Knowledge of a Phenomenon Can Change Its Evolution, 16 Support Care Cancer 1311 (2008), #23 Exhibit 22. Westfield Ins. v. Detroit Diesel Corp., Civ. A. No. 3:10-CV-100, 2012 WL 1611311 (W.D. Pa. May 8, 2012), #24 Exhibit 23. In re Conrail Toxic Tort Fela Litig., No. Civ. A 94-11J, 1998 WL 465897 (W.D. Pa. Aug. 4, 1998), #25 Exhibit 24. 5/26/2009 Deposition Transcript of Dr. Robert Marx, #26 Exhibit 25. 7/23/2009 Deposition Transcript of Dr. Robert Marx, #27 Exhibit 26. S. Pozzi et al., Bisphosphonates Associated Osteonecrosis of the Jaw: A Long- Term Follow-Up of a Series of 35 Cases Observed by GISL and Evaluation of Its Frequency Over Time, Am. J. Hematology (2009), #28 Exhibit 27. 12/8/2009 Deposition Transcript of Dr. Marx, #29 Exhibit 28. D. Henry et al., A Double-Blind, Randomized Study of Denosumab Versus Zoledronic Acid for the Treatment of Bone Metastases in Patients with Advanced Cancer (Excluding Breast and Prostate Cancer) or Multiple Myeloma, 7 European J. of Cancer Supplements 11 (2009), #30 Exhibit 29. A. Stopeck et al., Denosumab Versus Zoledronic Acid for the Treatment of Breast Cancer Patients with Bone Metastases: Results of a Randomized Phase 3 Study, 7 European J. of Cancer Supplements 2 (2009), #31 Exhibit 30. D. Henry et al., Randomized, Double-Blind Study of Denosumab Versus Zoledronic Acid in the Treatment of Bone Metastases in Patients with Advanced Cancer (Excluding Breast and Prostate Cancer) or Multiple Myeloma, 29 J. Clin. Oncol. 1125 (2011), #32 Exhibit 31. A. Stopeck et al., Denosumab Compared with Zoledronic Acid for the Treatment of Bone Metastases in Patients with Advanced Breast Cancer: A Randomized, Double-Blind Study, 28 J. Clin. Oncol. 5132 (2010), #33 Exhibit 32. K. Fizazi et al., Denosumab Versus Zoledronic Acid for Treatment of Bone Metastases in Men with Castration-Resistant Prostate Cancer: A Randomised, Double-Blind Study, 377 Lancet 813 (2011), #34 Exhibit 33. Bouchard v. American Home Prods. Corp., 213 F. Supp. 2d 802 (N.D. Ohio 2002), #35 Exhibit 34. Boonyapakorn et al., Bisphosphonate Induced Osteonecrosis of the Jaws: Prospective Study of 80 Patients with Multiple Myeloma and Other Malignancies, 44 Oral Oncology 857 (2008), #36 Exhibit 35. Dimopoulos et al., Osteonecrosis of the Jaw in Patients with Multiple Myeloma Treated with Bisphosphonates: Evidence of Increased Risk After Treatment With Zoledronic Acid, 91 Hematologica 968 (2006), #37 Exhibit 36. Walter et al., Prevalence and Risk Factors of Bisphosphonate-Associated Osteonecrosis of the Jaw in Prostate Cancer Patients with Advanced Disease Treated with Zoledronate, 54 European Urology 1066 (2008), #38 Exhibit 37. Conklin v. Novartis Pharm. Corp., Civ. A. No. 9:11-cv-178, 2012 WL 4127295 (E.D. Tex. Sept. 18, 2012), #39 Exhibit 38. A. Corso et al., A Different Schedule Of Zoledronic Acid Can Reduce The Risk Of Osteonecrosis of The Jaw In Patients With Multiple Myeloma, 21 Leukemia 1545 (2007), #40 Exhibit 39. Van Poznak et al., ASCO Executive Summary of the Clinical Practice Guideline Update on the Role of Bone-Modifying Agents in Metastatic Breast Cancer, 29 J. Clin. Oncol. 1221, 1226 (2011), #41 Exhibit 40. Rebuttal Report of Dr. James M. Vogel) (Bromberg, Neil)
March 20, 2013 Opinion or Order Filing 74 MOTION to Exclude Testimony of Plaintiffs' Expert Dr. James Vogel by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Vogel Proposed Order) (Bromberg, Neil)
March 20, 2013 Opinion or Order Filing 73 BRIEF in Support re #72 Motion to Exclude Testimony of Plaintiffs' Expert Dr. Robert Marx filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Marx Brief Appendix, #2 Exhibit 1. Expert Report of Dr. Robert Marx, #3 Exhibit 2. Rebuttal Expert Report of Dr. Robert Marx, #4 Exhibit 3. In re Aredia & Zometa Prods. Liab. Litig., No. 3:06-MD-1760 (M.D. Tenn. Aug. 13, 2009), #5 Exhibit 4. B. Petrut, A Primer of Bone Metastases Management in Breast Cancer Patients, 15 Current Oncol. S50 (2008), #6 Exhibit 5. R. Marx, et al., Bisphosphonate-Induced Exposed Bone (Osteonecrosis/ Osteopetrosis) of the Jaws: Risk Factors, Recognition, Prevention, and Treatment, 63 J. Oral Maxillofacial Surg. 1567 (2005), #7 Exhibit 6. 5/26/2009 Deposition Transcript of Dr. Robert Marx, #8 Exhibit 7. F. Saad et al., Rationale for Zoledronic Acid Therapy in Men with Hormone- Sensitive Prostate Cancer with or without Bone Metastasis, 24 Urol. Oncol. 4 (2006), #9 Exhibit 8. F. Saad et al., Pathologic Fractures Correlate with Reduced Survival in Patients with Malignant Bone Disease, 110 Cancer 1860 (2007), #10 Exhibit 9. G. Morgan et al., First-Line Treatment with Zoledronic Acid as Compared with Clodronic Acid in Multiple Myeloma (MRC Myeloma IX): A Randomised Controlled Trial, 376 Lancet 1989 (2010), #11 Exhibit 10. F. Saad, New Research Findings on Zoledronic Acid: Survival, Pain, and Antitumour Effects, 34 Cancer Treatment Rev. 183 (2008), #12 Exhibit 11. Pritchard v. Dow Agro Sciences, 430 F. Appx 102 (3d Cir. 2011), #13 Exhibit 12. In re Rezulin Prods. Liab. Litig., 309 F. Supp. 2d 531 (S.D.N.Y. 2004), #14 Exhibit 13. E-Mail Exchange Between Plaintiffs Counsel and NPCs Counsel, #15 Exhibit 14. 8/29/2012 Deposition Transcript of Dr. Robert Marx, #16 Exhibit 15. 5/16/2012 Deposition Transcript of Dr. Talib Najjar in Machen, #17 Exhibit 16. 4/25/2012 Deposition Transcript of Dr. Robert Marx, #18 Exhibit 17. 7/23/2009 Deposition Transcript of Dr. Robert Marx, #19 Exhibit 18. S. Pozzi, et al., Bisphosphonates Associated Osteonecrosis of the Jaw: A Long- Term Follow-Up of a Series of 35 Cases Observed by GISL and Evaluation of Its Frequency Over Time, American J. Hematology (2009), #20 Exhibit 19. 12/8/2009 Deposition Transcript of Dr. Robert Marx, #21 Exhibit 20. R. Gliklich et al., Epidemiology of Bisphosphonate-Related Osteonecrosis of the Jaws: The Utility of a National Registry, 67 J. Oral Maxillofacial Surg. 71 (2009) (Suppl. 1), #22 Exhibit 21. Miller ex rel. Miller v. Evenflo Co., Inc., Civ.A. No. 3:09-108, 2012 WL 112957 (W.D. Pa. Jan. 6, 2012), #23 Exhibit 22. R. Marx, Letters to the Editor: Pamidronate (Aredia) and Zoledronate (Zometa) Induced Avascular Necrosis of the Jaws: A Growing Epidemic, 61 J. Oral Maxillofacial Surg. 1115 (2003), #24 Exhibit 23. March 4, 2005 ODAC Meeting Briefing Document, #25 Exhibit 24. Harvey v. Novartis Pharm. Corp., No. 2:06-CV-1140-VEH, 2012 WL 4713097 (N.D. Ala. Oct. 4, 2012), #26 Exhibit 25. 3/5/2009 Deposition Transcript of Dr. Robert Marx, #27 Exhibit 26. 10/14/09 Trial Testimony of Dr. Robert Marx, Stevens v. Novartis Pharm. Corp. (D. Mont.), #28 Exhibit 27. M. Allen, et al., The Pathogenesis of Bisphosphonate-Related Osteonecrosis of the Jaw: So Many Hypotheses, So Few Data, 67 J. Oral Maxillofacial Surg. 61 (2009) (Suppl. 1), #29 Exhibit 28. In re Diet Drugs (Phentermine, Fenfluramine, Dexfenfluramine) Prod. Liab. Litig., No. MDL1203, 2000 WL 962545 (E.D. Pa. June 28, 2000), #30 Exhibit 29. Kent v. Howell Elec. Motors, No.Civ. A. 967221, 1999 WL 517106 (E.D. Pa. July 20, 1999), #31 Exhibit 30. Expert Report of Prof. Graham Russell, #32 Exhibit 31. Expert Report of Dr. Theresa Guise, #33 Exhibit 32. Ermond R. Van Beek, et al., Bisphosphonates Suppress Bone Resorption by a Direct Effect on Early Osteoclast Precursors without Affecting the Osteoclastogenic Capacity of Osteogenic Cells: The Role of Protein Geranylgeranylation in the Action of Nitrogen-Containing Bisphosphonates on Osteoclast Precursors, 30 Bone 64 (2002), #34 Exhibit 33. 8/21/2009 Trial Testimony of Dr. Robert Marx, Boles v. Merck & Co. (S.D.N.Y.), #35 Exhibit 34. 7/25/2011 Deposition Transcript of Dr. Robert Marx, #36 Exhibit 35. H. Weiss, et al., Biodistribution and Plasma Protein Binding of Zoledronic Acid, 36 Drug Metabolism and Disposition 2043 (2008), #37 Exhibit 36. F. Bauss, et al., Ibandronate Uptake in the Jaw is Similar to Long Bones and Vertebrae in the Rat, 26 J. Bone Miner. Metab. 406 (2008), #38 Exhibit 37. J. Lin et al., Physiological Disposition of Alendronate, a Potent Anti-Osteolytic Bisphosphonate, in Laboratory Animals, 19 Drug Metabolism and Disposition 926 (Table 4) (1991)) (Bromberg, Neil)
March 20, 2013 Opinion or Order Filing 72 MOTION to Exclude Testimony of Plaintiffs' Expert Dr. Robert Marx by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Marx Proposed Order) (Bromberg, Neil)
March 20, 2013 Opinion or Order Filing 71 MOTION to Exclude Causation Testimony of Plaintiffs' Case-Specific Retained and Non-Retained Experts in the Machen Case by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 1), #2 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 2), #3 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 3), #4 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 4), #5 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 5), #6 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 6), #7 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 7), #8 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 8), #9 Machen Proposed Order) (Bromberg, Neil)
March 20, 2013 Opinion or Order Filing 70 MOTION to Exclude Causation Testimony of Plaintiff's Case-Specific Retained and Non-Retained Experts in the Rowland Case by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 1), #2 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 2), #3 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 3), #4 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 4), #5 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 5), #6 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 6), #7 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 7), #8 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 8), #9 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 9), #10 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 10), #11 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee) (Part 11), #12 Rowland Proposed Order) (Bromberg, Neil)
March 20, 2013 Opinion or Order Filing 69 MOTION to Exclude Causation Testimony of Plaintiff's Case-Specific Retained and Non-Retained Experts in the Orr Case by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Exhibit A: Novartis Pharmaceuticals Corporation's Memorandum of Law in Support of Daubert Motion to Exclude Causation Testimony of Plaintiff's Case-Specific Experts (with Exhibits), Previously Filed in the MDL Court (U.S. District Court for Middle District of Tennessee), #2 Orr Proposed Order) (Bromberg, Neil)
March 20, 2013 Opinion or Order Filing 68 ORDER GRANTING #66 Motion for Extension of Time to File Response. Is it ORDERED that Plaintiffs' responses to Defendant's motions are due by 3/22/13. Signed by Judge Mark R. Hornak on 3/20/13. (bdb)
March 19, 2013 Opinion or Order Filing 67 REPLY to Response to Motion re #59 Response to Motion, Plaintiff's Reply in Support of Motion for Leave to File an Amended Complaint filed by JOHN ORR, MICHELLE PRATT ORR. (Osborn, Daniel)
March 19, 2013 Opinion or Order Filing 66 MOTION for Extension of Time to File Response/Reply as to #53 MOTION to Preclude Punitive Damages in the Rowland Case, #55 MOTION to Preclude Punitive Damages in the Machen Case by GEORGE MACHEN, STACY MACHEN, KAREN ROWLAND. (Attachments: #1 Proposed Order Granting Plaintiffs' Motion for Extension of Time) (Vecchione, John)
March 13, 2013 Opinion or Order Filing 65 NOTICE of Identification of Witnesses by GEORGE MACHEN, STACY MACHEN, JOHN ORR, MICHELLE PRATT ORR, KAREN ROWLAND (Osborn, Daniel)
March 13, 2013 Opinion or Order Filing 64 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 3/13/13. (Court Reporter: Karen Earley) (bdb)
March 13, 2013 Opinion or Order FIFTH CASE MANAGEMENT ORDER. The 2/20/13 Case Management Order is amended as follows. All fact/damages discovery is extended and shall be completed by April 30, 2013. Signed by Judge Mark R. Hornak on 3/13/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
March 12, 2013 Opinion or Order Filing 63 SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for 3/13/13 at 1:30 PM before Judge Mark R. Hornak. Due to the number of participants, the Court will conduct the conference via an AT&T call-in number, which requires participants to dial in and provide an access code. Signed by Judge Mark R. Hornak on 3/12/13. (bdb)
March 8, 2013 Opinion or Order Filing 62 REPLY to Response to Motion re #52 Brief in Support of Motion, #58 Response to Motion, #51 Motion to Consolidate Cases filed by GEORGE MACHEN, STACY MACHEN, JOHN ORR, MICHELLE PRATT ORR, KAREN ROWLAND. (Vecchione, John)
March 8, 2013 Opinion or Order Filing 61 NOTICE of Appearance by Daniel E. Krauth on behalf of MICHELLE PRATT ORR. (Krauth, Daniel)
March 7, 2013 Opinion or Order Filing 60 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 14, 2012, before Judge Mark R. Hornak. Court Reporter Karen Earley, Telephone number 412-201-2660. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 3/14/2013. Redaction Request due 3/28/2013. Redacted Transcript Deadline set for 4/8/2013. Release of Transcript Restriction set for 6/5/2013. (kme, )
March 5, 2013 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #59 Response to Motion. ERROR: Wrong event selected. CORRECTION: Modified original entry as BRIEF IN OPPOSITION to Motion re #40 Motion for Leave to File An Amened Complaint. This message is for informational purposes only. (jv)
March 4, 2013 Opinion or Order Filing 59 BRIEF IN OPPOSITION to Motion re #40 MOTION for Leave to File An Amended Complaint in the Orr Case filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix, #2 Exhibit 1. Table of Differences Between Original Complaint and Proposed Amended Complaint, #3 Exhibit 2. 11/14/2002 Billing Record (21015-0055), #4 Exhibit 3. Complaint, Ferguson v. NPC, No. MID-L-10212-07-MT (Nov. 30, 2007), #5 Exhibit 4. Piazza v. Major League Baseball, No. CIV. A. 92-7173, 1994 WL 385062 (E.D. Pa. July 19, 1994), #6 Exhibit 5. Uniroyal Inc. v. Dolan, No. CIV. A. 85-1561, 1986 WL 3950 (E.D. Pa. Apr. 1, 1986), #7 Exhibit 6. McKnight v. Sch. Dist. of Philadelphia, No. CIV. A. 00-573, 2001 WL 74772 (E.D. Pa. Jan. 29, 2001), #8 Exhibit 7. Solfanelli v. Mainwaring, No. CIV. A. 91-6249, 1992 WL 328829 (E.D. Pa. Oct. 28, 1992), #9 Exhibit 8. Compl., Hogan v. Novartis Pharm. Corp., No. 1:06-cv-00260 (E.D.N.Y. Jan. 20, 2006), #10 Exhibit 9. Compl., Orr v. Novartis Pharm. Corp., ECF No. 37-2, #11 Exhibit 10. Verdict Form, Hogan v. Novartis Pharm. Corp., No. 1:06-cv-00260 (E.D.N.Y. May 26, 2011), #12 Exhibit 11. Verdict Form, Brodie v. Novartis Pharm. Corp., No. 4:10-cv-00138-HEA (E.D. Mo. Feb. 1, 2012), #13 Exhibit 12. Universal Computer Consulting, Inc. v. Pitcairn Enterprises, Inc., No. CIV. A. 03-2398, 2005 WL 1213884 (E.D. Pa. May 18, 2005), #14 Exhibit 13. Harris v. Paige, No. CIV. A. 08-2126, 2011 WL 1288672 (E.D. Pa. Apr. 4, 2011), #15 Exhibit 14. Stevens v. Novartis Pharm. Corp., 247 P.3d 244 (Mont. 2010), #16 Exhibit 15. Pretrial Conference Transcript, Hogan v. Novartis Pharm. Corp., No. 2:06-CV- 260 (E.D.N.Y. Apr. 15, 2011), #17 Exhibit 16. Earley v. Innovex (N. Am.) Inc., No. CIV. A. 02-2130, 2002 WL 1286639 (E.D. Pa. June 10, 2002), #18 Exhibit 17. Means v. City of McKeesport, No. CIV. A. 11-1092, 2012 WL 6552835 (W.D. Pa. Nov. 19, 2012), #19 Exhibit 18. Meng v. Novartis Pharm. Corp., No. L-767-07MT, 2009 WL 4623715 (N.J. Super. Ct. Law Div. Nov. 23, 2009), #20 Exhibit 19. 3/29/12 Tr. of Dep. of John Orr, #21 Exhibit 20. 2/28/05 Health Care Record (3335-0269 to -0271), #22 Exhibit 21. Sampath v. Concurrent Techs. Corp., No. CIV A 3:03-264, 2006 WL 3231954 (W.D. Pa. Nov. 7, 2006), #23 Exhibit 22. In re Asbestos Products Liab. Litig. (No. VI), No. CIV. A. MDL 875, 2010 WL 4158521 (E.D. Pa. Apr. 30, 2010), #24 Exhibit 23. Chart of Aredia and Zometa Cases Applying New Jersey Punitive Damages Law Based on Choice-of-Law Rules, #25 Exhibit 24. Zimmerman v. Novartis Pharm. Corp., No. RWT 08CV2089, 2012 WL 3848545 (D. Md. Sept. 5, 2012), #26 Exhibit 25. Order, Chiles v. Novartis Pharm. Corp., No. 3:06-cv-00096-HLA-JBT (M.D. Fl. Feb. 7, 2013), #27 Exhibit 26. McDarby v. Merck & Co., 949 A.2d 223 (N.J. Super. Ct. App. Div. 2008), #28 Exhibit 27. Cornett v. Johnson & Johnson, 998 A.2d 543 (N.J. Super. Ct. App. Div. 2010), #29 Exhibit 28. Cornett v. Johnson & Johnson, 15 A.3d 325 (N.J. 2011), #30 Exhibit 29. Cornett v. Johnson & Johnson, 48 A.3d 1041 (N.J. 2012), #31 Exhibit 30. Bessemer v. Novartis Pharm. Corp., No. MID-L-1835-08, 2010 WL 6257855 (N.J. Super. Ct. Law Div. Apr. 30, 2010), #32 Exhibit 31. N.J. Stat. Ann. 2A:58C-5, #33 Exhibit 32. Rowe v. Hoffman-La Roche, Inc., 917 A.2d 767 (N.J. 2007), #34 Exhibit 33. Perez v. Wyeth Labs. Inc., 734 A.2d 1245 (N.J. 1999), #35 Exhibit 34. Trial Tr., Davids v. Novartis Pharm. Corp., 2:06-cv-0431-ADS-WDW (E.D.N.Y. Nov. 2, 2012), #36 Exhibit 35. Trial Tr., Davids v. Novartis Pharm. Corp., 2:06-cv-0431-ADS-WDW (E.D.N.Y. Oct. 31, 2012), #37 Exhibit 36. Verdict Form, Kyle v. Novartis Pharm. Corp., No. 1:06-cv-0035-TBR (W.D. Ky. Jan. 31, 2012), #38 Exhibit 37. Verdict Form, Baldwin v. Novartis Pharm. Corp., No. 2:06-cv-04049-MJW (Apr. 6, 2012), #39 Exhibit 38. Talley v. Novartis Pharm. Corp., No. 3:08-cv-361-GCM, 2011 WL 2559974 (W.D.N.C. June 28, 2011), #40 Exhibit 39. In re Aredia & Zometa Prods. Liab. Litig., No. 3:06-MD-1760, 2007 WL 649266 (M.D. Tenn. Feb. 27, 2007), #41 Exhibit 40. Talley v. Novartis Pharm. Corp., No. 3:08-cv-361-GCM, 2011 WL 3515858 (W.D.N.C. Aug. 11, 2011)) (Bromberg, Neil) Modified entry to match title of document on 3/5/2013. (jv)
March 1, 2013 Opinion or Order Filing 58 RESPONSE IN OPPOSITION to Motion re #51 MOTION to Consolidate Cases for Trial filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix, #2 Exhibit 1. Report and Recommendation in Guenther v. Novartis Pharm. Corp., No. 6:08-cv- 456 (M.D. Fla. Oct. 12, 2012), #3 Exhibit 2. Decision in Sheffer/Bowles v. Novartis Pharm. Corp., No. 3:12-cv-238 (S.D. Ohio Feb. 25, 2013), #4 Exhibit 3. Complaint in Anderson v. Novartis Pharm. Corp., 3:05-cv-0718 (M.D. Tenn. Sept. 15, 2005), #5 Exhibit 4. Complaint in Becker v. Novartis Pharm. Corp., 3:05-cv-0719 (M.D. Tenn. Sept 15, 2005), #6 Exhibit 5. Complaint in Wood v. Novartis Pharm. Corp., 3:05-cv-0716 (M.D. Tenn. Sept. 15, 2005), #7 Exhibit 6. In re: Aredia and Zometa Prods. Liab. Litig., No. 3:06-md-1760, 2007 WL 3012972 (M.D. Tenn. Oct. 10, 2007), #8 Exhibit 7. Eberhart v. Novartis Pharm. Corp., 867 F. Supp. 2d 1241 (N.D. Ga. Oct. 31, 2011), #9 Exhibit 8. Ingram v. Novartis Pharm. Corp., --- F. Supp. 2d. ---, No. CIV-05-913-L, 2012 WL 2922716 (W.D. Okla. July 18, 2012), #10 Exhibit 9. Luttrell v. Novartis Pharm. Corp., No. 07- CV-3015-TOR, 2012 WL 4513109 (E.D. Wash. Oct. 1, 2012), #11 Exhibit 10. Zimmerman v. Novartis Pharm. Corp., No. RWT 08-cv-2089, 2012 WL 5816873 (D. Md. Nov. 16, 2012), #12 Exhibit 11. Order, In re: Aredia and Zometa Prods. Liab. Litig., No. 3:06-md-1760 (M.D. Tenn. Apr. 22, 2008), #13 Exhibit 12. NPCs Mem. in Supp. of its Mot. to Sever, In re: Aredia and Zometa Prods. Liab. Litig., No. 3:06-md-1760 (M.D. Tenn. Nov. 30, 2007), #14 Exhibit 13. Simmons v. Wyeth, No. 96-cv-6631, 1996 WL 617492 (E.D. Pa 1996), #15 Exhibit 14. April 30, 2012 letter from K. Latimer to P. Flynn, #16 Exhibit 15. 11/14/2002 Billing Record (21015-0055), #17 Exhibit 16. Toribio v. Spece, Nos. 3:10-2441, 3:12-1167, 2012 WL 4867254 (M.D. Pa. Oct. 12, 2012), #18 Exhibit 17. Farahmand v. Rumsfeld, No. CIV.A. 02-1236, 2002 WL 31630709 (E.D. Pa. Nov. 20, 2002), #19 Exhibit 18. Richardson v. U.S. Airways Group, Inc., No. CIV. A. 01-1260, 2001 WL 849701 (E.D. Pa. July 16, 2001), #20 Exhibit 19. Order, In re: Accutane Prods. Liab. Litig., No. 8:04-md-02523-JSM-TBM (M.D. Fla. Sept. 20, 2012), #21 Exhibit 20. Order, Brodie v. Novartis Pharm. Corp. (E.D. Mo. Jan. 9, 2012)) (Bromberg, Neil)
February 20, 2013 Opinion or Order Filing 57 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 2/20/13. (Court Reporter: Karen Earley) (bdb)
February 20, 2013 Opinion or Order ORDER GRANTING #47 Motion for Substitution. Based on the stipulation of the parties on the record at the 2/20/13 Telephonic Status Conference, the Motion to Substitute Parties is GRANTED. The caption will be amended accordingly. Signed by Judge Mark R. Hornak on 2/20/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
February 20, 2013 Opinion or Order FOURTH CASE MANAGEMENT ORDER. The 1/28/13 Case Management Order is amended as follows. With regard to any Daubert motion, the primary moving briefs and response briefs shall not exceed twenty (20) pages. Reply briefs, if any, shall not exceed ten (10) pages. Signed by Judge Mark R. Hornak on 2/20/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (haw)
February 19, 2013 Opinion or Order Filing 56 BRIEF in Support re #55 Motion to Preclude Punitive Damages in the Machen Case, filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Appendix to Brief in Support of Motion to Preclude, #2 Exhibit Punitive Damages Chart, #3 Exhibit 4-30-10 Bessemer SJ Order and Memo, #4 Exhibit Talley v Novartis Pharmaceuticals Corp, #5 Exhibit 7-26-10 Complaint - Machen v. Novartis Pharmaceuticals, #6 Exhibit 9-25-12 Stipulation of Transfer (Machen), #7 Exhibit 7-7-2006 Health care record of Machen, #8 Exhibit 2-22-02 FDA Approval Letter (Zometa), #9 Exhibit In re Aredia, 352 F. App'x 994, #10 Exhibit 4-17-2009 Depostion Trans...s of Dr. Suzanne Parisian, #11 Exhibit In re Asbestos Products Liability Litigation (No VI), #12 Exhibit Estate of Thomas v Southworth Inc, #13 Exhibit Meng v Novartis Pharmaceuticals Corp, #14 Exhibit 2-7-13 Order granting Motion to apply N.J. Law (Chiles), #15 Exhibit Zimmerman v Novartis Pharmaceuticals Corp, #16 Exhibit 8-26-11 Order (Baldwin), #17 Exhibit 3-21-12 Order (Hill v. NPC), #18 Exhibit Irby v Novartis Pharmaceuticals Corp, #19 Exhibit Perez v Wyeth Laboratories Inc, #20 Exhibit Cornett v Johnson And Johnson, #21 Exhibit Cornett v Johnson And Johnson (cert granted), #22 Exhibit Cornett v Johnson And Johnson (affirmed), #23 Exhibit In re Aredia and Zometa Products Liability Litigation, #24 Exhibit Davids Hearing, #25 Exhibit Brown v Novartis Pharmaceuticals Corp, #26 Exhibit Stanger v APP Pharmaceuticals LLC) (Bromberg, Neil)
February 19, 2013 Opinion or Order Filing 55 MOTION to Preclude Punitive Damages in the Machen Case by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Proposed Order on Punitive Choice of Law) (Bromberg, Neil)
February 19, 2013 Opinion or Order Filing 54 BRIEF in Support re #53 Motion to Preclude Punitive Damages in the Rowland Case, filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Appendix to Brief in Support of Motion to Preclude, #2 Exhibit Punitive Damages Chart, #3 Exhibit 4-30-10 Bessemer SJ Order and Memo, #4 Exhibit Talley v Novartis Pharmaceuticals Corp, #5 Exhibit 12-21-07 Complaint and Summons (Rowland), #6 Exhibit 9-25-12 Stipulation of Transfer (Rowland), #7 Exhibit 9-7-04 Health care record of Rowland (3335-0452), #8 Exhibit 2-22-02 FDA Approval Letter (Zometa), #9 Exhibit In re Aredia, 352 F. App'x 994, #10 Exhibit 4-17-2009 Depostion Transcirpt Excerpts of Dr. Suzanne Parisian, #11 Exhibit In re Asbestos Products Liability Litigation (No VI), #12 Exhibit Estate of Thomas v Southworth Inc, #13 Exhibit Meng v Novartis Pharmaceuticals Corp, #14 Exhibit 2-7-13 Order granting Motion to apply N.J. Law (Chiles), #15 Exhibit Zimmerman v Novartis Pharmaceuticals Corp, #16 Exhibit 8-26-11 Order (Baldwin), #17 Exhibit 3-21-12 Order (Hill v. NPC), #18 Exhibit Irby v Novartis Pharmaceuticals Corp, #19 Exhibit Perez v Wyeth Laboratories Inc, #20 Exhibit Cornett v Johnson And Johnson, #21 Exhibit Cornett v Johnson And Johnson (cert granted), #22 Exhibit Cornett v Johnson And Johnson (affirmed), #23 Exhibit In re Aredia and Zometa Products Liability Litigation, #24 Exhibit Davids Hearing, #25 Exhibit Brown v Novartis Pharmaceuticals Corp, #26 Exhibit Stanger v APP Pharmaceuticals LLC) (Bromberg, Neil)
February 19, 2013 Opinion or Order Filing 53 MOTION to Preclude Punitive Damages in the Rowland Case by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Proposed Order on Punitive Choice of Law) (Bromberg, Neil)
February 19, 2013 Opinion or Order ORDER. Based on a telephonic request by Defendant, with regard to Defendant's brief on the issues of choice of law applicable to, and availability of, punitive damages, authorization to file a brief not to exceed 25 pages is permitted. Signed by Judge Mark R. Hornak on 2/19/2013. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (haw)
February 15, 2013 Opinion or Order Filing 52 BRIEF in Support re #51 Motion to Consolidate Cases filed by GEORGE MACHEN, STACY MACHEN, JOHN ORR, KAREN ROWLAND. (Vecchione, John)
February 15, 2013 Opinion or Order Filing 51 MOTION to Consolidate Cases for Trial by GEORGE MACHEN, STACY MACHEN, JOHN ORR, KAREN ROWLAND. (Attachments: #1 Exhibit 1 - Proposed Order on Motion) (Vecchione, John)
February 14, 2013 Opinion or Order Filing 50 REPLY to #45 Response to Motion re #34 Motion for Summary Judgment, in the Machen Case filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Appendix, #2 Exhibit 1 - NPC's Reply Mem in Support of Mot. for Summ. Jud. in the Machen Case, #3 Exhibit 2 - Levine v. Novartis Pharmaceuticals Corp., #4 Exhibit 3 - Zollars v. Troy-Built, LLC, #5 Exhibit 4 - Sikkelee v. Precision Airmotive Corp, #6 Exhibit 5 - Trask v. Nozisko, #7 Exhibit 6 - Meng v. Novartis Pharm. Corp, #8 Exhibit 7 - Davids v. Novartis Pharms. Corp, #9 Exhibit 8 - Winter/Baldwin v. Novartis Pharms. Corp, #10 Exhibit 9 - Brodie v. Novartis Pharms. Corp, #11 Exhibit 10 - Bessemer v. Novartis Pharms. Corp, #12 Exhibit 11 - Eberhart v. Novartis Pharms. Corp, #13 Exhibit 12 - Ingram v. Novartis Pharms. Corp, #14 Exhibit 13 - Luttrell v. Novartis Pharm. Corp, #15 Exhibit 14 - Zimmerman v. Novartis Pharm. Corp, #16 Exhibit 15 - 8-13-09 Order, #17 Exhibit 16 - Plfs Opp to MSJ - Orr) (Bromberg, Neil)
February 14, 2013 Opinion or Order Filing 49 REPLY to #45 Response to Motion re #38 Motion for Summary Judgment, in the Rowland Case filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Appendix, #2 Exhibit 1 - Reply Memo Rowland MSJ, #3 Exhibit 2 - Levine v. Novartis Pharmaceuticals Corp., #4 Exhibit 3 - Zollars v. Troy-Built, LLC, #5 Exhibit 4 - Sikkelee v. Precision Airmotive Corp, #6 Exhibit 5 - Trask v. Nozisko, #7 Exhibit 6 - Meng v. Novartis Pharm. Corp, #8 Exhibit 7 - Davids v. Novartis Pharms. Corp, #9 Exhibit 8 - Winter/Baldwin v. Novartis Pharms. Corp, #10 Exhibit 9 - Brodie v. Novartis Pharms. Corp, #11 Exhibit 10 - Bessemer v. Novartis Pharms. Corp, #12 Exhibit 11 - Eberhart v. Novartis Pharms. Corp, #13 Exhibit 12 - Ingram v. Novartis Pharms. Corp, #14 Exhibit 13 - Luttrell v. Novartis Pharm. Corp, #15 Exhibit 14 - Zimmerman v. Novartis Pharm. Corp, #16 Exhibit 15 - 8-13-09 Order, #17 Exhibit 16 - Plfs Opp to MSJ - Orr) (Bromberg, Neil)
February 14, 2013 Opinion or Order Filing 48 REPLY to #46 Response to Motion re #36 Motion for Summary Judgment, in the Orr Case filed by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Appendix, #2 Exhibit 1. D'Agnese v. NPC, #3 Exhibit 2. NPC's Reply Mem. In Support of Mot. for Summ. J.) (Bromberg, Neil)
February 14, 2013 Opinion or Order Filing 47 MOTION to Substitute Party on behalf of Michelle Pratt Orr by JOHN ORR. (Attachments: #1 Exhibit Letters Testamentary of Michelle Pratt Orr, #2 Proposed Order) (Osborn, Daniel)
February 4, 2013 Opinion or Order Filing 46 Supplemental RESPONSE IN OPPOSITION to #36 Motion for Summary Judgment, filed by JOHN ORR. (Osborn, Daniel)
February 4, 2013 Opinion or Order Filing 45 Supplemental Response in Opposition re #34 Motion for Summary Judgment, #38 Motion for Summary Judgment, filed by GEORGE MACHEN, STACY MACHEN, KAREN ROWLAND. (Attachments: #1 Exhibit Taylor Decision, #2 Exhibit Davids-Proximate Cause, #3 Exhibit Davids-Marx Testimony) (Vecchione, John)
January 28, 2013 Opinion or Order THIRD CASE MANAGEMENT ORDER. The 12/19/12 Case Management Order is amended as follows. Regarding the supplemental briefs for Defendants Motion for Summary Judgment, Novartis may file a non-duplicative reply within ten (10) days of any response filed. Plaintiffs may file a Motion to Consolidate for trial on or before February 15, 2013. Novartis may file a response within 14 days. Counsel for Orr is to file a Motion to Substitute Parties on or before February 15, 2013. Novartis shall file a response to Orrs Motion for Leave to File an Amended Complaint, ECF No. 40, within ten (10) days of the Courts Order on the Motion to Substitute. Finally, the Court adopts the procedures regarding inadvertent disclosures (clawback) in the Protective and Confidentiality Order entered in 3:09-md-1760, said order is at ECF No. 28-1 at 7, 15 on this Court's docket. Signed by Judge Mark R. Hornak on 1/28/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
January 24, 2013 Opinion or Order Filing 44 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 1/24/13. (Court Reporter: Sandy Wenger) (bdb)
January 24, 2013 Opinion or Order Filing 43 SUGGESTION OF DEATH as to John Frank Orr by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Exhibit Obituary for John Frank Orr) (Bromberg, Neil)
January 22, 2013 Opinion or Order Filing 42 NOTICE to Counsel. Due to the number of participants in the Telephonic Status Conference set for 1/24/13 at 2:30 PM, the Court will conduct the conference via an AT&T call-in number, which requires participants to dial in and provide an access code. (bdb)
January 15, 2013 Opinion or Order ORDER RESCHEDULING CONFERENCE. The Telephonic Status Conference set 2/21/13 at 1:30 PM is hereby RESCHEDULED for 2/20/13 at 1:30 PM before Judge Mark R. Hornak. Participating counsel shall contact Chambers at 412-208-7433 by 4:00 PM on 2/19/13 with their preferred contact number for the conference. The Court will initiate the call. Signed by Judge Mark R. Hornak on 1/15/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
January 14, 2013 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #40 Motion for Leave to File. ERROR: Proposed Order was not attached. CORRECTION: proposed order taken from #41 Brief in Support and added as an attachment to #40 Motion for leave to file Amended Complaint. This message is for informational purposes only. (jv)
January 14, 2013 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #34 Motion for Summary Judgment, #38 Motion for Summary Judgment, #36 Motion for Summary Judgment. ERROR: Wrong events selected. CORRECTION: Modified all three original entries as Memorandum of Laws in Support of there motion filed in various other district courts. This message is for informational purposes only. (jv)
January 11, 2013 Opinion or Order Filing 41 BRIEF in Support of #40 MOTION for Leave to File An Amended Complaint filed by JOHN ORR. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Exhibit Fussman v. NPC., Order Re Jury Vedict, #3 Exhibit Fussman v. NPC, Order allowing claim for punitive damages, #4 Exhibit Transcript of the Davids v. NPC Ttrial 11-2-12, #5 Exhibit Transcript of the Davids v. NPC Ttrial 10-25-12, #6 Proposed Order) (Osborn, Daniel)
January 11, 2013 Opinion or Order Filing 40 MOTION for Leave to File An Amended Complaint by JOHN ORR. (Osborn, Daniel) (attachment(s) added on 1/14/2013: #1 Proposed Order) (jv)
January 11, 2013 Opinion or Order Filing 39 CONCISE STATEMENT OF MATERIAL FACTS in the Rowland Case in the Rowland Case filed at Case no. 07-2307 in District of Columbia, by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Table of Contents, #2 Exhibit 1 - FDA Approval Letter 8-20-01, #3 Exhibit 2 - FDA Approval Letter 2-22-02, #4 Exhibit 3 - FDA Orange Book, B-94, #5 Exhibit 4 - Zometa FDA Approval Letter, 3-20-08, #6 Exhibit 5 - Ruggiero Article 2006, #7 Exhibit 6 - Green E-mail to Ruggiero July 16, 2002, #8 Exhibit 7 - Agarwala Articles 2001 and 2002, #9 Exhibit 8 - DCT Adverse Event Summary 12-6-02, #10 Exhibit 9 - Dr. Parisian Deposition Transcript 8-22-09, #11 Exhibit 10 - Dr. Skubitz Deposition Transcript 11-23-09, #12 Exhibit 11 - Dr. Vogel Deposition Transcript 1-7-10, #13 Exhibit 12 - Dr. Marx Deposition Transcript 5-15-07, #14 Exhibit 13 - Dr. Marx Deposition Transcript 12-8-09, #15 Exhibit 14 - Sterner Letter to Orloff 9-26-03, #16 Exhibit 15 - Lynne McGrath Deposition Transcript 1-7-09, #17 Exhibit 16 - Marx, Robert E 5-26-09, #18 Exhibit 17 - Karen Rowland Dep, #19 Exhibit 18 - Orloff letter to Sterner 3-24-04, #20 Exhibit 19 - Marx, 2003, #21 Exhibit 20 - Pazdur Ltr. to Miranda Feb. 27, 2004, #22 Exhibit 21 - Zometa Package Insert 2004, #23 Exhibit 22 - Parisian, Suzanne MD (In...02 CONFIDENTIAL 4-17-2009, #24 Exhibit 23 - Marx, Robert E., DDS (Stevens v NPC) 7-23-2009, #25 Exhibit 24 - Kyle Trial Vol 07B - Final (Marx; Thompson) 1-17-2012, #26 Exhibit 25 - Marx, Robert E. DDS (Avila v NPC) 10-21-2011, #27 Exhibit 26 - Marx, RE, Oral and Intra...Osteonecrosis of the Jaws, #28 Exhibit 27 - Gliklich, 2009, #29 Exhibit 28 - Hoff, 2008, #30 Exhibit 29 - DOH-NIH 2006, #31 Exhibit 30 - Green Email to Tarassoff ZAEM-00555123, #32 Exhibit 31 - 8-2-04 Orloff Letter to Petraglia (ZNDA-0245409), #33 Exhibit 32 - Dear Doctor Letter 9-24-04, #34 Exhibit 33 - Waddelow E-mail Hauser 10-1-04, #35 Exhibit 34 - Lund 2004 Article, #36 Exhibit 35 - Dear Doctor Letter (Sept. 21, 2004) (ZNDA-0108032), #37 Exhibit 36 - Hohneker Deposition Transcript 2-20-08, #38 Exhibit 37 - 5-5-2005 Dear Dentist Letter, #39 Exhibit 38 - Novartis Advisory Board...2-5-2003D- (ZAED00234915), #40 Exhibit 39 - Novartis Advisory Board Mtg 3-29-2004, #41 Exhibit 40 - Tarassoff, Peter (In Re...t) CONFIDENTIAL 1-14-2009, #42 Exhibit 41 - White Paper 2004, #43 Exhibit 42 - Young, Diane (In Re Aredia & Zometa Lit.) 6-5-2008, #44 Exhibit 43 - AAOMS Position Paper of...necrosis of the Jaws 2006, #45 Exhibit 44 - Baldwin Marx 3-21-12, #46 Exhibit 45 - Saad 2008, #47 Exhibit 46 - AAOMS 2009 Update, #48 Exhibit 47 - Vogel, James M. M.D., (I...meta Litigation) 4-2-2009, #49 Exhibit 48 - Skubitz, Keith M., MD (In Re A & Z Lit) 2-16-2009, #50 Exhibit 49 - Plaintiff Fact Sheet, #51 Exhibit 50 - Health Care Record of 8-20-04 [3335-0448-50], #52 Exhibit 51 - Health Care Record of 7-16-04 [7115-0040-0041], #53 Exhibit 52 - Health Care Record of 9-14-04 [21555-0015-0016], #54 Exhibit 53 - Decadron, #55 Exhibit 54 - Waas Dep, #56 Exhibit 55 - Health Care Record of 9-7-04 [3335-0451-0454], #57 Exhibit 56 - Health Care Record of10-13-05 [3335-0435], #58 Exhibit 57 - Health Care Record of 9-15-04 [21555-0015-0016], #59 Exhibit 58 - Health Care Record of 10-19-99 [5677-0172-0174], #60 Exhibit 59 - Deposition of Dr. Najjar [5-16-12], #61 Exhibit 60 - Health Care Record of 6-27-07 [5272-0004], #62 Exhibit 61- Health Care Record of7-2-...0-10-11 [25530-0003-0005], #63 Exhibit 62 - Health Care Record of 5-15-96 [27733-0010], #64 Exhibit 63 - Health Care Record of 3-23-03 [27733-0012], #65 Exhibit 64 - Health Care Record of 11-18-05 [12085-0071-72], #66 Exhibit 65 - Health Care Record of 11-18-05 [12085-0071-0074], #67 Exhibit 66 - Health Care Record of 11-29-05 [12085-0069-70], #68 Exhibit 67 - Chung Dep, #69 Exhibit 68 - Health Care Record of 6-27-07 [5272-0004], #70 Exhibit 69 - Health Care Record of 10-8-07 [5272-0002-5], #71 Exhibit 70 - Health Care Record of 6-29-09 [12085-0066-68], #72 Exhibit 71 - Health Care Record of 8-20-09 [12085-0055-62], #73 Exhibit 72 - Health Care Record of 9-2-09 [12085-0054], #74 Exhibit 73 - Health Care Record of 10-29-09 [12085-0038-46], #75 Exhibit 74 - Health Care Record of 1-20-10 [12085-0026-32], #76 Exhibit 75 - Khosla Article, #77 Exhibit 76 - Estilo, 2008, #78 Exhibit 77 - Schwartz, 1982) (Bromberg, Neil) Modified on 1/14/2013. (jv2, )
January 11, 2013 Opinion or Order Filing 38 Memorandum of Law in Support of its Motion for Summary Judgment in the Rowland Case filed at Case no. 07-2307 in District of Columbia by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Table of Contents, #2 Exhibit 1 - Calloway Order, #3 Exhibit 2 - Simmons Order, #4 Exhibit 3 - Foster Order, #5 Exhibit 4 - Williams Order, #6 Exhibit 5 - Melau Order, #7 Exhibit 6 - Anderson Order, #8 Exhibit 7 - Crews Order, #9 Exhibit 8 - Thomas Order, #10 Exhibit 9 - Baldwin Order, #11 Exhibit 10 - Bessemer Order, #12 Exhibit 11 - Fussman Order, #13 Exhibit 12 - Hogan Order, #14 Exhibit 13 - Kyle Order, #15 Exhibit 14 - Brodie Order, #16 Exhibit 15 - Winter Order, #17 Exhibit 16 - Davids Verdict Form, #18 Exhibit 17 - Brown Dismissal, #19 Exhibit 18 - Sikkelee v. Precision Airmotive Corp., #20 Exhibit 19 - Salvio v. Amgen Inc., #21 Exhibit 20 - Aaron v. Wyeth 2010 WL 653984, #22 Exhibit 21 - Gronniger v Am. Home Prods. Corp, #23 Exhibit 22 - Ingram Order, #24 Exhibit 23 - Luttrell Order, #25 Exhibit 24 - Zimmerman Order, #26 Exhibit 25 - Smith Order, #27 Exhibit 26 - Kline v. Pfizer 2008 WL 4787577, #28 Exhibit 27 - Levine v. NPC, #29 Exhibit 28 - Leonard v. Taro Pharms, 2010 WL 4961647, #30 Exhibit 29 - Lawrence v. Synthes, Inc., #31 Rowland Proposed Order) (Bromberg, Neil) Modified to match document title on 1/14/2013 and desigante the attachment. (jv)
January 11, 2013 Opinion or Order Filing 37 CONCISE STATEMENT OF MATERIAL FACTS in the Orr Case filed in case no. 1:07-cv-2230 in the Southern District of New York, by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Table of Contents, #2 Exhibit 1 - Orr, John Dep. 3-26-12, #3 Exhibit 2 - Orr Complaint, #4 Envelope 3 - Health Care Record - 1-6-03 (3618-0251-0254), #5 Envelope 4 - Infusion Billing Record (21015-0171), #6 Exhibit 5 - 8-20-01 FDA Approval Letter & Zometa 2001 Package Insert, #7 Exhibit 6 - Zometa Approval Letter and Package Insert 2-22-2002, #8 Exhibit 7 - FDA Orange Book, B-94, #9 Exhibit 8 - Zometa FDA Approval Letter 3-20-08, #10 Exhibit 9 - Ruggiero Article 2006, #11 Exhibit 10 - Green email to Ruggiero (7-16-02) - (ZAEM-00555123), #12 Exhibit 11 - Agarwala 2001 Article, #13 Exhibit 12 - Agarwala 2002 Article, #14 Exhibit 13 - DCT Adverse Event Summary 12-6-02, #15 Exhibit 14 - Dr. Parisian Deposition Transcript 8-22-09, #16 Exhibit 15 - Dr. Skubitz Deposition Transcript 11-23-09, #17 Exhibit 16 - Dr. Vogel Deposition Transcript 1-7-10, #18 Exhibit 17 - Marx, Robert E Dep 5-15-07, #19 Exhibit 18 - Dr. Marx Deposition Transcript 12-8-09, #20 Exhibit 19 - Marx 2003 Article, #21 Exhibit 20 - Kyle Marx 1-17-12, #22 Exhibit 21 - Sterner Letter to Orloff 9-26-03, #23 Exhibit 22 - Lynne McGrath Deposition Transcript 1-7-09, #24 Exhibit 23- F. Saad, New research fi... Rev. 34 - 183-192 (2008), #25 Exhibit 24 - Marx Trial Baldwin 3-21-12, #26 Exhibit 25 - Orloff letter to Sterner 3-24-04, #27 Exhibit 26 - Pazdur Ltr. to Miranda Feb. 27, 2004, #28 Exhibit 27 - Zometa Package Insert 2004, #29 Exhibit 28 - 8-2-04 Orloff Letter to Petraglia (ZNDA-0245409), #30 Exhibit 29 - Dear Doctor Letter 9-24-04, #31 Exhibit 30 - Waddelow E-mail Hauser 10-1-04, #32 Exhibit 31 - Lund 2004 Article, #33 Exhibit 32 - Dear Doctor Letter (Sept. 21, 2004) (ZNDA-0108032), #34 Exhibit 33 - Hohneker Deposition Transcript 2-20-08, #35 Exhibit 34 - Novartis Advisory Board...2-5-2003D- (ZAED00234915), #36 Exhibit 35 - Novartis Advisory Board Mtg 3-29-2004, #37 Exhibit 36 - Tarassoff, Peter (In Re...t) CONFIDENTIAL 1-14-2009, #38 Exhibit 37 - White Paper 2004, #39 Exhibit 38 - Health Care Record 8-15-02 (5885-0026-0027), #40 Exhibit 39 - Health Care Record 9-3-02 (3618-0277-0278), #41 Exhibit 40 - Roodman, G. David MD, Ph Dep. 3-12-12, #42 Exhibit 41 - Carroll, Michael P. M.D 3-13-12, #43 Exhibit 42 - Health Care Record 1-7-03 (188448-0120-0122), #44 Exhibit 43 - Health Care Record 2-11-03 (3618-0233-0235), #45 Exhibit 44 - ASBMR Report 2007, #46 Exhibit 45 - AAOMS Article 2009, #47 Exhibit 46 - Gliklich, Richard article, 2009, #48 Exhibit 47 - Estilo Article 2008, #49 Exhibit 48 - Schwartz Article 1982, #50 Exhibit 49 - Billing Record - 3-12-03 (21015-0064-0065), #51 Exhibit 50 - Health Care Record - 8-25-03 (3618-0202-0203), #52 Exhibit 51 - Health Care Record - 9-20-03 (3618-0199-0201), #53 Exhibit 52 - Marx, Robert E Dep. 5-26-09, #54 Exhibit 53 - Atallah, Daniel DDS 5-22-12, #55 Exhibit 54 - English, James D.M Dep. 3-2-12, #56 Exhibit 55 - Health Care Record - 4-15-04 (3618-0160-0162), #57 Exhibit 56 - Hall, William D.M Dep. 3-7-12, #58 Exhibit 57 - Health Care Record 2-15-05 (11143-0106), #59 Exhibit 58 - Health Care Record - 2-15-05 (11143-0066), #60 Exhibit 59 - Pathology Report - 3-28-05 (11143-0052-0055), #61 Exhibit 60 - Rao, Nalini M.D Dep. 4-3-12, #62 Exhibit 61 - Health Care Record - 4-20-05 (3618-0120-0123), #63 Exhibit 62 - Ghobrial, Irene M.D Dep. 3-15-12, #64 Exhibit 63 - Health Care Record - 4-25-05 (3335-0248-0249), #65 Exhibit 64 - Health Care Record - 5-20-05 (3618-0110-0111), #66 Exhibit 65 - Health Care Record - 6-2-05 (18574-0003), #67 Exhibit 66 - Health Care Record - 10-18-06 (2751-0010-0011), #68 Exhibit 67 - Health Care Record - 2-23-07 (2751-0008-0009), #69 Exhibit 68 - Health Care Record - 9-21-09 (14301-0041), #70 Exhibit 69 - Health Care Record - 9-28-09 (11143-0048), #71 Exhibit 70 - Health Care Record - 10-...and 10-28-09 (11143-0049), #72 Exhibit 71 - Health Care Record - 10-16-09 (11143-0050-0051), #73 Exhibit 72 - Health Care Record - 2-28-05 (3335-0269-0271), #74 Exhibit 73 - Yeager, Andrew M Dep. 3-20-12, #75 Exhibit 74 - Health Care Record - 9-10-02 (3618-0274-0276), #76 Exhibit 75 - Pathology Report - 2-17-05 (11143-0083), #77 Exhibit 76 - Health Care Record of 1-06-03 (21015-0084), #78 Exhibit 77 - Health Care Record of 1-27-05 (21015-0171), #79 Exhibit 78 - Health Care Record of 4-21-04 (14301-0032; 14128-0002), #80 Exhibit 79 - Healthcare Record of 4-26-04 (36018-0158-0159), #81 Exhibit 80 - Healthcare Record of 6-01-04 (14301-0033), #82 Exhibit 81 -Healthcare Record of 1-23-12 (3335-0429), #83 Exhibit 82 - 4-02-09 Vogel Dep, #84 Exhibit 83 - 2-16-09 Skubitz Dep., #85 Exhibit 84 - Parisian, Suzanne MD (In...02 CONFIDENTIAL 4-17-2009, #86 Exhibit 85 - 1-17-2012 Marx Kyle Trial Testimony, #87 Exhibit 86 - 10-21-2011 Dep. Tr. of Dr. Robert Marx, #88 Exhibit 87 - Marx, RE, Oral and Intra...Osteonecrosis of the Jaws) (Bromberg, Neil)
January 11, 2013 Opinion or Order Filing 36 Memorandum of Law in support of its Motion for Summary Judgment in the Orr Case filed in case no. 1:07-cv-2230 in the Southern District of New York by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Table of Contents, #2 Exhibit 1 - Calloway Order, #3 Exhibit 2 - Simmons Order, #4 Exhibit 3 - Foster Order, #5 Exhibit 4 - Williams Order, #6 Exhibit 5 - Melau Order, #7 Exhibit 6 - Anderson Order, #8 Exhibit 7 - Crews Order, #9 Exhibit 8 - Thomas Order, #10 Exhibit 9 - Baldwin Order, #11 Exhibit 10 - Bessemer Order, #12 Exhibit 11 - Fussman Order, #13 Exhibit 12 - Hogan Order, #14 Exhibit 13 - Kyle Order, #15 Exhibit 14 - Brodie Order, #16 Exhibit 15 - Winter Order, #17 Exhibit 16 - Davids Verdict Form, #18 Exhibit 17 - Brown Dismissal, #19 Exhibit 18 - Sikkelee v. Precision Airmotive Corp., #20 Exhibit 19 - Gronniger v Am. Home Prods. Corp, #21 Exhibit 20 - Ingram Order, #22 Exhibit 21 - Luttrell Order, #23 Exhibit 22 - Zimmerman Order, #24 Exhibit 23 - Salvio v. Amgen Inc., #25 Exhibit 24 - Aaron v. Wyeth 2010 WL 653984, #26 Orr Proposed Order) (Bromberg, Neil) Modified to match document title on 1/14/2013 and to designate which case and district. (jv)
January 11, 2013 Opinion or Order Filing 35 CONCISE STATEMENT OF MATERIAL FACTS in the Machen Case filed in 10-1267 in District of Columbia, by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Table of Contents, #2 Exhibit 1 - FDA Approval Letter 8-20-01, #3 Exhibit 2 - FDA Approval Letter 2-22-02, #4 Exhibit 3 - FDA Orange Book, B-93 & B-94, #5 Exhibit 4 - Zometa FDA Approval Letter, 3-20-08, #6 Exhibit 5 - Ruggiero Article 2006, #7 Exhibit 6 - Green E-mail to Ruggiero July 16, 2002, #8 Exhibit 7 - Article - Agarwala - Stud...cular necrosis of the hip, #9 Exhibit 8 - DCT Adverse Event Summary 12-6-02, #10 Exhibit 9 - Dr. Parisian Deposition Transcript 8-22-09, #11 Exhibit 10 - Dr. Skubitz Deposition Transcript 11-23-09, #12 Exhibit 11 - Dr. Vogel Deposition Transcript 1-7-10, #13 Exhibit 12 - Dr. Marx Deposition Transcript 5-15-07, #14 Exhibit 13 - Dr. Marx Deposition Transcript 12-8-09, #15 Exhibit 14 - Sterner Letter to Orloff 9-26-03, #16 Exhibit 15 - Lynne McGrath Deposition Transcript 1-7-09, #17 Exhibit 16 - Gliklich, Richard article, 2009, #18 Exhibit 17 - Hoff, Ana article 2008, #19 Exhibit 18 - Orloff letter to Sterner 3-24-04, #20 Exhibit 19 - Marx 2003 Article, #21 Exhibit 20 - Pazdur Ltr. to Miranda Feb. 27, 2004, #22 Exhibit 21 - Zometa Package Insert 2004, #23 Exhibit 22 - Parisian, Suzanne MD (In...02 CONFIDENTIAL 4-17-2009, #24 Exhibit 23 - Marx, Robert E., DDS (Stevens v NPC) 7-23-2009, #25 Exhibit 24 - Kyle Trial Vol 07B - Final (Marx; Thompson) 1-17-2012, #26 Exhibit 25 - Marx, Robert E. DDS (Avila v NPC) 10-21-2011, #27 Exhibit 26 - Marx, RE, Oral and Intra...Osteonecrosis of the Jaws, #28 Exhibit 27 - 8-2-04 Orloff Letter to Petraglia (ZNDA-0245409), #29 Exhibit 28 - Dear Doctor Letter 9-24-04, #30 Exhibit 29 - Waddelow E-mail Hauser 10-1-04, #31 Exhibit 30 - Lund 2004 Article, #32 Exhibit 31 - Dear Doctor Letter (Sept. 21, 2004) (ZNDA-0108032), #33 Exhibit 32 - Hohneker Deposition Transcript 2-20-08, #34 Exhibit 33 - 5-5-2005 Dear Dentist Letter, #35 Exhibit 34 - Novartis Advisory Board Draft Exec Summary 12-5-2003D- (ZAED00234915), #36 Exhibit 35 - Novartis Advisory Board Mtg 3-29-2004, #37 Exhibit 36 - Tarassoff, Peter (In Re...t) CONFIDENTIAL 1-14-2009, #38 Exhibit 37 - White Paper 2004, #39 Exhibit 38 - Young, Diane (In Re Aredia & Zometa Lit.) 6-5-2008, #40 Exhibit 39 - AAOMS Position Paper of...necrosis of the Jaws 2006, #41 Exhibit 40 - Baldwin-Winter Trial Day...ing Statements) 3-21-2012, #42 Exhibit 41 - F. Saad, New research fi... Rev. 34 - 183-192 (2008), #43 Exhibit 42 - Health Care Record of 1-26-06, #44 Exhibit 43 - Finley, Gene Grant M.D. (Machen v NPC) - 3-15-2012, #45 Exhibit 44 - Health Care Record of 2-4-06, #46 Exhibit 45 - Najjar, Talib A. (Sheffer v NPC) 9-14-2011, #47 Exhibit 46 - Health Care Record of 2-14-06, #48 Exhibit 47 - Decadron Consice Monograph, #49 Exhibit 48 - Health Care Record of 7-7-06, #50 Exhibit 49 - Health Care Record of 1-4-07, #51 Exhibit 50 - Health Care Record of 10-31-07, #52 Exhibit 51 - Health Care Record of 4-18-09, #53 Exhibit 52 - Health Care Record of 7-7-06, #54 Exhibit 53 - Health Care Record of 8-21-06, #55 Exhibit 54 - Health Care Record of 6-1-06, #56 Exhibit 55 - Health Care Record of 8-20-10, #57 Exhibit 56 - Najjar, Talib A. (Machen v NPC) 5-16-2012, #58 Exhibit 57 - Najjar, Talib A., MD (In...a & Zometa Lit) 3-17-2009, #59 Exhibit 58 - Health Care Record of 2-27-09, #60 Exhibit 59 - Health Care Record of 2-18-11, #61 Exhibit 60 - Health Care Record of 3-2-09, #62 Exhibit 61 - Stein, Mark DDS (Machen v NPC) 3-20-2012, #63 Exhibit 62 - Health Care Record of 3-2-05, #64 Exhibit 63 - Health Care Record of 8-27-09, #65 Exhibit 64 - Kelly, Derek L. DMD (Machen v NPC) 4-4-2012, #66 Exhibit 65 - Health Care Record of 8-17-09, #67 Exhibit 66 - Marx, Robert E., DDS (In. 7 CONFIDENTIAL 5-26-2009, #68 Exhibit 67 - Vogel, James M. M.D., (I.meta Litigation) 4-2-2009, #69 Exhibit 68 - Skubitz, Keith M., MD (In Re A & Z Lit) 2-16-2009, #70 Exhibit 69 - Estilo, Cherry article 2008, #71 Exhibit 70 - Schwartz, Harry article 1982, #72 Exhibit 71 - American Association of.ws (BRONJ), 2009 Update, #73 Exhibit 72 - HHS and NIH - Pathophysi.ed ONJ (R01) article 2007) (Bromberg, Neil)
January 11, 2013 Opinion or Order Filing 34 Memorandum of Law in support of its Motion for Summary Judgment in the Machen Case filed in 10-1267 in District of Columbia by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Appendix Table of Contents, #2 Exhibit 1 - Calloway Order, #3 Exhibit 2 - Simmons Order, #4 Exhibit 3 - Foster Order, #5 Exhibit 4 - Williams Order, #6 Exhibit 5 - Melau Order, #7 Exhibit 6 - Anderson Order, #8 Exhibit 7 - Crews Order, #9 Exhibit 8 - Thomas Order, #10 Exhibit 9 - Baldwin Order, #11 Exhibit 10 - Bessemer Order, #12 Exhibit 11 - Fussman Order, #13 Exhibit 12 - Hogan Order, #14 Exhibit 13 - Kyle Order, #15 Exhibit 14 - Brodie Order, #16 Exhibit 15 - Winter Order, #17 Exhibit 16 - Davids Verdict Form, #18 Exhibit 17 - Brown Dismissal, #19 Exhibit 18 - Sikkelee v. Precision Airmotive Corp., #20 Exhibit 19 - Gronniger v Am. Home Prods. Corp, #21 Exhibit 20 - Ingram Order, #22 Exhibit 21 - Luttrell Order, #23 Exhibit 22 - Zimmerman Order, #24 Exhibit 23 - Smith Order, #25 Exhibit 24 - Salvio v. Amgen Inc., #26 Exhibit 25 - Aaron v. Wyeth 2010 WL 653984, #27 Exhibit 26 - Kline v. Pfizer 2008 WL 4787577, #28 Exhibit 27 - Levine v. NPC, #29 Exhibit 28 - Leonard v. Taro Pharms, 2010 WL 4961647, #30 Exhibit 29 - Lawrence v. Synthes, Inc., #31 Machen Proposed Order) (Bromberg, Neil) Modified to match document title on 1/14/2013. (jv)
January 11, 2013 Opinion or Order Filing 33 Errata re #32 Notice of Joint Submission Regarding Applicable Clawback Orders and Trial Schedule of Other Aredia/Zometa Cases by GEORGE MACHEN, STACY MACHEN, NOVARTIS PHARMACEUTICALS CORPORATION, JOHN ORR, KAREN ROWLAND. Reason for Correction: Incorrect Signature. (Passodelis, Constantine)
January 11, 2013 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #32 Notice. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the *ERRATA* event (Located under "Other Documents"). Atttorney, also advised, to link ERRATA event to #32 Notice. This message is for informational purposes only. (jv)
January 10, 2013 Opinion or Order Filing 32 NOTICE of Joint Submission Regarding Applicable Clawback Orders and Trial Schedule of Other Aredia/Zometa Cases by GEORGE MACHEN, STACY MACHEN, NOVARTIS PHARMACEUTICALS CORPORATION, JOHN ORR, KAREN ROWLAND (Cohen, Jeffrey)
December 19, 2012 Opinion or Order Filing 31 SECOND CASE MANAGEMENT ORDER. All parties shall file supplementing authority applicable to Novartis Pharmaceuticals Corporation's ("NPC") pending Motion(s) for Summary Judgment on or before 1/11/13; Responses to such supplementing authority applicable to NPC's pending Motion(s) for Summary Judgment shall be filed on or before 2/4/13; Any motion by Plaintiff to amend for inclusion of punitive damages in Orr v. NPC shall be filed on or before 1/11/13; NPC's response shall be filed on or before 1/25/13; Defendant NPC shall brief the issues of choice of law applicable to, and availability of, punitive damages on or before 2/18/13; Responses shall be filed on or before 3/19/13; A reply, if any, shall be filed on or before 4/9/13; Plaintiffs shall supplement as necessary answers to interrogatories served by NPC regarding damages and identify any damages witnesses on or before 2/18/13; All parties shall submit supplemental material regarding Daubert motions by 3/20/13; Responses shall be submitted on or before 4/23/13; A reply, if any, is due within 14 days of the response. All fact/damages discovery shall be commenced in time to be completed by 4/16/13; A Telephonic Status Conference is hereby SCHEDULED for 1/24/13 at 2:30 PM; An additional Telephonic Status Conference is hereby SCHEDULED for 2/21/13 at 1:30 PM; Counsel shall jointly advise the Court on or before 1/10/13 of the 2013 and 2014 trial schedules of other Novartis cases. Signed by Judge Mark R. Hornak on 12/19/12. (bdb)
December 14, 2012 Opinion or Order Filing 30 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 12/14/12. (Court Reporter: Karen Earley) (bdb)
December 13, 2012 Opinion or Order Filing 29 NOTICE of Appearance by Samantha Quinn on behalf of GEORGE MACHEN, STACY MACHEN, KAREN ROWLAND. (Quinn, Samantha)
December 13, 2012 Opinion or Order ORDER OF COURT. Due to the number of participants in the Telephonic Status Conference set for 12/14/12 at 10:30 AM, the Court will conduct the conference via an AT&T call-in number, which requires participants to dial in and provide an access code. Participating counsel shall contact Chambers at 412-208-7433 by 4:00 PM on 12/13/12 to receive the dial-in number and access code for the conference. Signed by Judge Mark R. Hornak on 12/13/12. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
December 11, 2012 Opinion or Order Filing 28 NOTICE Joint Submission of Prior Case Management Orders, Proposed Trial Dates and Trial Precedence of Cases by GEORGE MACHEN, STACY MACHEN, NOVARTIS PHARMACEUTICALS CORPORATION, KAREN ROWLAND (Attachments: #1 Exhibit 1 - 8/15/06 Order, #2 Exhibit 2 - 12/28/07 Order, #3 Exhibit 3 - 2/3/09 Order, #4 Exhibit 4 - 4/22/10 Order, #5 Exhibit 5 - 6/28/10 Order, #6 Exhibit 6 - 7/3/11 Order, #7 Exhibit 7 - 12/23/11 Order) (Passodelis, Constantine)
December 6, 2012 Opinion or Order Filing 27 ORDER GRANTING #26 Motion to Withdraw Appearance. Attorney Bart T. Valad terminated. Signed by Judge Mark R. Hornak on 12/6/12. (bdb)
December 5, 2012 Opinion or Order Filing 26 MOTION to Withdraw Appearance of Attorney Bart T. Valad by GEORGE MACHEN, STACY MACHEN, KAREN ROWLAND. (Attachments: #1 Proposed Order) (Krauth, Daniel)
November 20, 2012 Opinion or Order Filing 25 Order of Consolidation. This case is consolidated with 12-1476, the member case. All pleadings, Motions and other papers hereafter filed shall be filed at 12-1474. Signed by Judge Mark R. Hornak on 11/20/12. (bdb)
November 20, 2012 Opinion or Order Filing 24 FIRST CASE MANAGEMENT ORDER. Parties to submit motions supplementing authority applicable to Novartis Pharmaceuticals Corporation's ("NPC") pending Motion for Summary Judgment, limited to 30 pages, due on or before 1/11/13; Response to motions supplementing authority applicable to NPC's pending Motion for Summary Judgment, limited to 20 pages, due on or before 2/4/13; Plaintiff to supplement interrogatories served by NPC regarding damages and identify any damages witnesses on or before 2/18/13; All fact/damages discovery commenced in time to be completed by 4/16/13; Parties shall file a joint statement attaching all prior case management orders they believe are applicable to proceedings in this Court with the Court on or before 12/11/12; A Telephonic Status Conference is hereby SCHEDULED for 12/14/12 at 10:30 AM; Counsel shall jointly advise the Court on or before 12/11/12 of proposed trial dates, and trial precedence of cases. Signed by Judge Mark R. Hornak on 11/20/12. (bdb)
November 20, 2012 Opinion or Order Filing 23 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 11/20/12. (Court Reporter: Virginia Pease) (bdb)
November 19, 2012 Opinion or Order Filing 22 MOTION for attorney John Vecchione to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2580538) by KAREN ROWLAND. (Attachments: #1 Exhibit A, #2 Proposed Order) (Krauth, Daniel)
November 19, 2012 Opinion or Order ORDER GRANTING #22 Motion for John Vecchione to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 11/19/12. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
November 15, 2012 Opinion or Order Filing 21 REPORT of Rule 26(f) Planning Meeting. (Passodelis, Constantine)
October 26, 2012 Opinion or Order Filing 20 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 10/26/12. (Court Reporter: Karen Earley) (bdb)
October 26, 2012 Opinion or Order ORDER RESCHEDULING TELEPHONIC STATUS CONFERENCE. The Telephonic Status Conference set for 11/7/12 at 2:00 PM is hereby RESCHEDULED for 11/20/12 at 9:30 AM before Judge Mark R. Hornak. The Court will initiate the call. Signed by Judge Mark R. Hornak on 10/26/12. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
October 26, 2012 Opinion or Order SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 10/26/12 at 11:00 AM before Judge Mark R. Hornak. The Court will initiate the call. Signed by Judge Mark R. Hornak on 10/26/12. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
October 25, 2012 Opinion or Order Filing 19 ORDER GRANTING #18 Motion for Neil S. Bromberg to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 10/25/12. (bdb)
October 25, 2012 Opinion or Order Filing 18 MOTION for attorney Neil S. Bromberg to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2552893) by NOVARTIS PHARMACEUTICALS CORPORATION. (Attachments: #1 Proposed Order) (Passodelis, Constantine)
October 23, 2012 Opinion or Order Filing 17 NOTICE of Appearance by Joseph F. Butcher on behalf of KAREN ROWLAND. (Butcher, Joseph)
October 22, 2012 Opinion or Order Filing 16 NOTICE of Appearance by Daniel E. Krauth on behalf of KAREN ROWLAND. (Krauth, Daniel)
October 18, 2012 Opinion or Order SCHEDULING ORDER. A Status Conference is hereby SCHEDULED for 11/7/12 at 2:00 PM. Counsel should be prepared to discuss consolidation of these actions with 2:12-cv-1476 for all proceedings other than trial. Counsel desiring to participate by telephone shall provide their preferred contact number to Chambers (412-208-7433) by noon on 11/2/12. Signed by Judge Mark R. Hornak on 10/18/12. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) Modified on 10/22/2012. (bdb)
October 15, 2012 Opinion or Order Filing 15 NOTICE of Appearance by Michael R. Lettrich on behalf of NOVARTIS PHARMACEUTICALS CORPORATION. (Lettrich, Michael)
October 15, 2012 Opinion or Order Filing 14 NOTICE of Appearance by Jeffrey Cohen on behalf of NOVARTIS PHARMACEUTICALS CORPORATION. (Cohen, Jeffrey)
October 15, 2012 Opinion or Order Filing 13 NOTICE of Appearance by Constantine J. Passodelis on behalf of NOVARTIS PHARMACEUTICALS CORPORATION. (Passodelis, Constantine)
October 15, 2012 Opinion or Order Filing 12 ORDER ON MOTION PRACTICE. Signed by Judge Mark R. Hornak on 10/15/12. (bdb)
October 15, 2012 Opinion or Order Filing 11 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (bdb)
October 11, 2012 Opinion or Order Filing 10 Case transferred in from District of District of Columbia; Case Number 1:07-cv-02307. Original file certified copy of transfer order and docket sheet received.
September 25, 2012 Opinion or Order Filing 9 ORDER. This action shall be TRANSFERRED to the United States District Court for the Western District of Pennsylvania, Pittsburgh Division. Signed by Judge Colleen Kollar-Kotelly on 9/25/12. (lcckk2)
September 25, 2012 Opinion or Order Filing 8 STIPULATION to Transfer Venue by NOVARTIS PHARMACEUTICALS CORPORATION. (Bromberg, Neil)
September 25, 2012 Opinion or Order Filing 7 NOTICE of Appearance by Neil Stuart Bromberg on behalf of NOVARTIS PHARMACEUTICALS CORPORATION (Bromberg, Neil)
September 18, 2012 Opinion or Order Set/Reset Deadlines: Joint Status Report due by 10/1/2012. (dot )
September 16, 2012 Opinion or Order MINUTE ORDER (paperless). In light of the #4 Conditional Remand Order, by no later than October 1, 2012, the parties shall file a Joint Status Report indicating the status of this case and proposing a schedule for further proceedings. The Plaintiff shall serve counsel for the Defendant with a copy of this minute order. Signed by Judge Colleen Kollar-Kotelly on 9/16/12. (lcckk2)
September 12, 2012 Opinion or Order Filing 6 Case randomly reassigned to Judge Colleen Kollar-Kotelly. Judge Rosemary M. Collyer no longer assigned to the case. (gt, )
September 5, 2012 Opinion or Order Filing 5 SEALED DOCUMENTS from the Middle District of Tennessee re Conditional Remand Order (MDL 1760) (This document is SEALED and only available to authorized persons.)(ztnr, )
September 5, 2012 Opinion or Order Filing 4 CERTIFIED COPY OF CONDITIONAL REMAND ORDER dated 9/5/12 from the Judicial Panel on Multidistrict Litigation directing remand to the transferor court. (MDL 1760) (Attachments: #1 Docket sheet from the Middle District of Tennessee, #2 Email from the Middle District of Tennessee, #3 Order issued in 06-md-1760) (ztnr, )
February 15, 2008 Opinion or Order Filing 3 Letter dated 2/8/2008 from the U.S. District Court for the District of Tennessee requesting the transfer of the original file and certified copy of the docket sheet. (tg, )
February 15, 2008 Opinion or Order Filing 2 LETTER dated February 5, 2008 from the Judicial Panel on Multidistrict Litigation directing the transfer of the original file and certified copy of the docket sheet. (tg, )
February 15, 2008 Opinion or Order Case transferred out to the USDC Middle District of Tennessee, pursuant to Court Order entered 2/5/2008. Sent to Court by Electronic Mail. (tg, )
December 21, 2007 Opinion or Order Filing 1 COMPLAINT against NOVARTIS PHARMACEUTICALS CORPORATION ( Filing fee $ 350, receipt number 4616009152) filed by KAREN ROWLAND. (Attachments: #1 Civil Cover Sheet)(tg, )
December 21, 2007 Opinion or Order Summons (1) Issued as to NOVARTIS PHARMACEUTICALS CORPORATION. (tg, )

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Pennsylvania Western District Court's Electronic Court Filings (ECF) System

Search for this case: ROWLAND v. NOVARTIS PHARMACEUTICALS CORPORATION
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: KAREN ROWLAND
Represented By: John J. Vecchione
Represented By: Daniel E. Krauth
Represented By: Daniel A. Osborn
Represented By: David K. Lietz
Represented By: Joseph F. Butcher
Represented By: Samantha Quinn
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: MICHELLE PRATT ORR
Represented By: Daniel A. Osborn
Represented By: Joseph F. Butcher
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Not yet classified: GEORGE MACHEN
Represented By: Bart T. Valad
Represented By: Daniel E. Krauth
Represented By: Joseph F. Butcher
Represented By: Daniel A. Osborn
Represented By: David K. Lietz
Represented By: John J. Vecchione
Represented By: Samantha Quinn
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Not yet classified: STACY MACHEN
Represented By: Bart T. Valad
Represented By: Daniel E. Krauth
Represented By: Joseph F. Butcher
Represented By: Daniel A. Osborn
Represented By: David K. Lietz
Represented By: John J. Vecchione
Represented By: Samantha Quinn
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Not yet classified: JOHN ORR
Represented By: Daniel A. Osborn
Represented By: Philip Jeremy Miller
Represented By: Russel Harrison Beatie, Jr.
Represented By: Joseph F. Butcher
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Not yet classified: JOHN WARCHOL
Represented By: Daniel E. Krauth
Represented By: John Julian Vecchione
Represented By: Joseph F. Butcher
Represented By: Samantha Quinn
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Not yet classified: MARTHA WARCHOL
Represented By: Daniel E. Krauth
Represented By: John Julian Vecchione
Represented By: Joseph F. Butcher
Represented By: Samantha Quinn
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Not yet classified: JOAN K. HAWKINS
Represented By: Daniel E. Krauth
Represented By: John Julian Vecchione
Represented By: Joseph F. Butcher
Represented By: Samantha Quinn
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: NOVARTIS PHARMACEUTICALS CORPORATION
Represented By: Constantine J. Passodelis
Represented By: Ethan D. Stein
Represented By: Neil S. Bromberg
Represented By: Diane E. Lifton
Represented By: Donald W. Fowler
Represented By: Jacqueline Mecchella Bushwack
Represented By: Jeffrey Cohen
Represented By: Joe Gregory Hollingsworth
Represented By: Katharine Ruth Latimer
Represented By: Michael R. Lettrich
Represented By: Robert E. Johnston
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?