FOGE, MCKEEVER LLC et al v. ZOETIS INC.
| TODD M. ROONEY, ELDON S. THOMPSON and FOGE, MCKEEVER LLC |
| ZOETIS INC. |
| 2:2020cv01462 |
| September 29, 2020 |
| US District Court for the Western District of Pennsylvania |
| Robert J Colville |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on February 22, 2023. A more recent docket listing may be available from PACER.
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Filing 51
PROTECTIVE ORDER (ESI) re: #49 . Signed by Judge Robert J. Colville on 2/22/23. (tk)
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Filing 50
PROTECTIVE ORDER re: #48 . Signed by Judge Robert J. Colville on 2/22/23. (tk)
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Filing 49
STIPULATED PROTECTIVE ORDER RELATING TO ELECTRONICALLY STORED INFORMATION by ZOETIS INC.. (Blum, Joseph)
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Filing 48
STIPULATED PROTECTIVE ORDER by ZOETIS INC.. (Blum, Joseph)
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Filing 47
STATUS REPORT ORDER: The parties shall file a Joint Status Report due by 4/14/2023, updating the Court on the progress of discovery and any other matters relevant to case progress. All other deadlines set forth in the case management order remain in full force and effect. Signed by Judge Robert J. Colville on 12/16/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kld)
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Filing 46
STATUS REPORT ORDER: The parties shall file a Joint Status Report due by 4/14/2023, updating the Court on the progress of discovery and any other matters relevant to case progress. All other deadlines set forth in the case management order remain in full force and effect. Signed by Judge Robert J. Colville on 12/16/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kld)
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Filing 45
REPORT of Mediation: Case has not resolved. JOHN NOBLE, Esq terminated. Attorney John M. Noble terminated. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed #here or at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 12/14/2022. (Noble, John)
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Filing 44
ORDER REFERRING CASE to Mediation. John M. Noble, Esq. is appointed as mediator. The ADR conference(s) shall be concluded before December 14, 2022 unless extended by order of the Court. Details more fully stated in the order. Details more fully stated in the order. Signed by Judge Robert J. Colville on 8/24/22. (cjo)
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Filing 43
STIPULATION selecting ADR process by ZOETIS INC.. (Leffler, Erin)
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Filing 42
CASE MANAGEMENT ORDER: Amended Pleadings due by 9/29/2022; Joinder of Parties due by 9/29/2022; Fact Discovery shall complete by 7/31/2023; Telephonic Post-Discovery Status Conference set for 8/1/2023 at 09:00 AM before Judge Robert J. Colville. Dial In Information can be found at ECF #5 . Details more fully stated in the order. Signed by Judge Robert J. Colville on 8/15/22. (cjo)
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Filing 41
ORDER Implementing Federal Rule of Evidence 502(d) Pursuant to LCvR 16.1.D. Signed by Judge Robert J. Colville on 8/15/22. (cjo)
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Filing 40
Minute Entry Proceedings held before Judge Robert J. Colville: Telephonic Initial Case Management Conference held on 8/15/2022. Amended ADR Stipulation shall be filed by 8/22/22, whereupon the Court will enter Order Referring Case to ADR. (cjo)
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Filing 39
Errata re #38 Pr-conference Statement by ZOETIS INC.. Reason for Correction: Signature and E-Filer must match. (Blum, Joseph)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #38 Pr-conference Statement. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (sdp)
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Filing 38
PRE-CONFERENCE STATEMENT by ZOETIS INC.. (Leffler, Erin)
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Filing 37
STIPULATION selecting ADR process by ZOETIS INC.. (Leffler, Erin)
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Filing 36
REPORT of Rule 26(f) Planning Meeting. (Leffler, Erin)
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Filing 35
INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Telephonic Initial Case Management set for 8/15/2022 at 11:00 AM before Judge Robert J. Colville. ADR Stipulation and Rule 26f Report due by 8/1/2022; Joint Pre Conference Statement due by 8/10/2022. Details more fully stated in the order. Dial In Information can be found at ECF #5 . Signed by Judge Robert J. Colville on 6/23/22. (cjo)
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Filing 34
ANSWER to #22 Amended Complaint by ZOETIS INC.. (Attachments: #1 Certificate of Service) (Blum, Joseph)
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Filing 33
NOTICE of Appearance by Erin Leffler on behalf of ZOETIS INC.. (Leffler, Erin)
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Filing 32
ORDER Denying #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #22 Amended Complaint filed by ZOETIS INC. Defendant shall file an answer to the Second Amended Complaint on or before June 21, 2022. Signed by Judge Robert J. Colville on 6/6/22. (cjo)
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Filing 31
MEMORANDUM OPINION re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #22 Amended Complaint filed by ZOETIS INC. Details more fully stated in the opinion. Signed by Judge Robert J. Colville on 6/6/22. (cjo)
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Filing 30
ORDER denying #27 MOTION for Leave to File Supplement to Brief in Opposition to Defendant's Motion to Dismiss by FOGE, MCKEEVER LLC, TODD M. ROONEY, ELDON S. THOMPSON. Signed by Judge Robert J. Colville on 6/1/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo)
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Filing 29
Order vacating #28 Order granting #27 MOTION for Leave to File Supplement to Brief in Opposition to Defendant's Motion to Dismiss by FOGE, MCKEEVER LLC, TODD M. ROONEY, ELDON S. THOMPSON. Signed by Judge Robert J. Colville on 6/1/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo)
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Filing 28
ORDER granting #27 MOTION for Leave to File Supplement to Brief in Opposition to Defendant's Motion to Dismiss by FOGE, MCKEEVER LLC, TODD M. ROONEY, ELDON S. THOMPSON.. Signed by Judge Robert J. Colville on 5/31/22. (cjo) Modified on 6/1/2022 Removed from public view order to be vacated and redocketed at 29 . (cjo).
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Filing 27
MOTION for Leave to File Supplement to Brief in Opposition to Defendant's Motion to Dismiss by FOGE, MCKEEVER LLC, TODD M. ROONEY, ELDON S. THOMPSON. (Attachments: #1 Exhibit, #2 Proposed Order) (Salemme, James)
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Filing 26
REPLY BRIEF re #23 Motion to Dismiss for Failure to State a Claim filed by ZOETIS INC.. (Blum, Joseph)
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Filing 25
BRIEF in Opposition re #23 Motion to Dismiss for Failure to State a Claim filed by FOGE, MCKEEVER LLC, TODD M. ROONEY, ELDON S. THOMPSON. (James, Ryan)
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Filing 24
BRIEF in Support re #23 Motion to Dismiss for Failure to State a Claim filed by ZOETIS INC.. (Attachments: #1 Certificate of Service, #2 Exhibit A) (Blum, Joseph)
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Filing 23
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #22 Amended Complaint by ZOETIS INC.. (Attachments: #1 Certificate of Service, #2 Proposed Order) (Blum, Joseph)
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Filing 22
Second AMENDED COMPLAINT against ZOETIS INC., filed by FOGE, MCKEEVER LLC, TODD M. ROONEY, ELDON S. THOMPSON. (Salemme, James)
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Filing 21
ORDER indicating, that for the reasons stated in the Opinion filed contemporaneously hereto #20 , it is hereby ordered that the Motion to Dismiss #13 filed by is hereby granted. Counts I, II, III, VII, IX and X of the Amended Complaint Amended Complaint are dismissed without prejudice without prejudice. Counts IV, V, VI and VIII of the Amended Complaint are dismissed with prejudice; that Plaintiff shall file a Second Amended Complaint on or before 10/22/21. Signed by Judge Robert J. Colville on 9/30/21. (jg)
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Filing 20
MEMORANDUM OPINION (An appropriate Order follows). Signed by Judge Robert J. Colville on 9/30/21. (jg)
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Filing 19
REPLY BRIEF re #13 Motion to Dismiss for Failure to State a Claim filed by ZOETIS INC.. (Attachments: #1 Certificate of Service) (Blum, Joseph)
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Filing 18
NOTICE of Appearance by James Andrew Salemme on behalf of FOGE, MCKEEVER LLC, TODD M. ROONEY, ELDON S. THOMPSON. (Salemme, James)
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Filing 17
BRIEF in Opposition re #13 Motion to Dismiss for Failure to State a Claim filed by FOGE, MCKEEVER LLC. (James, Ryan)
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Filing 16
RESPONSE IN OPPOSITION to #14 Brief in Support of Motion, #13 Motion to Dismiss for Failure to State a Claim, filed by FOGE, MCKEEVER LLC. (Attachments: #1 Proposed Order) (James, Ryan)
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Filing 15
Proposed Order re #13 Motion to Dismiss for Failure to State a Claim by ZOETIS INC.. (Blum, Joseph)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #13 Motion to Dismiss for Failure to State a Claim. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (sdp)
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Filing 14
BRIEF in Support re #13 Motion to Dismiss for Failure to State a Claim filed by ZOETIS INC.. (Attachments: #1 Certificate of Conferral, #2 Certificate of Service, #3 Proposed Order, #4 Exhibit A) (Blum, Joseph)
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Filing 13
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ZOETIS INC.. (Attachments: #1 Certificate of Service) (Blum, Joseph)
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Filing 12
AMENDED COMPLAINT against ZOETIS INC. ZOETIS INC. answer due 12/23/2020, filed by FOGE, MCKEEVER LLC., TODD M. ROONEY, ELDON S. THOMPSON. (James, Ryan) Modified text to identify all filers on 12/14/2020. (sdp)
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Filing 11
ORDER granting #10 Motion for Sean P. Wajert, Esquire to Appear Pro Hac Vice on behalf of defendant. Signed by Judge Robert J. Colville on 11/27/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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Filing 10
MOTION for attorney Sean P. Wajert to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6114785) by ZOETIS INC.. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Certificate of Service, #4 Proposed Order) (Wajert, Sean)
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Filing 9
SUMMONS/Return of Service Returned Executed by FOGE, MCKEEVER LLC. ZOETIS INC. served on 10/6/2020, answer due 12/11/2020. (James, Ryan)
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Filing 8
Stipulation for Extension of Time to Answer by ZOETIS INC. Answer due from ZOETIS INC. on 12/11/2020. (Blum, Joseph)
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Filing 7
Disclosure Statement identifying None as corporate parent or other affiliate, by FOGE, MCKEEVER LLC. (James, Ryan)
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Filing 6
NOTICE of Appearance by Joseph H. Blum on behalf of ZOETIS INC.. (Blum, Joseph)
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Filing 5
AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (jg)
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Filing 4
ORDER RE: Rule 12(b) Motions (details more fully stated in said Order). Signed by Judge Robert J. Colville on 10/1/20. (jg)
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Filing 3
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. (jg)
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Filing 2
Summons Issued as to ZOETIS INC. (sdp)
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Filing 1
COMPLAINT against ZOETIS INC. (Filing fee, including Administrative fee, $400, receipt number APAWDC-5951502), filed by FOGE, MCKEEVER LLC, TODD M. ROONEY, ELDON S. THOMPSON. (Attachments: #1 Civil Cover Sheet) (sdp)
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