Lawana Smith et al v. Pfizer Inc. et al
| Lawana Smith, Robert Parks, ., Brenda Hankins, Alice Parks, Verna Lea Nash, Mary Lyles, Virgile Lyles, Mary Ann Maxwell, Herbert Myers, Bonnie Paul, Carl B. Paul, Johnathan Hankins, Barbara Talbert, Clinton Jay Boggs, Kenneth Russell, Lola Miller, Henry Smith, Patricia Ann Moore, Glenford Talbert, Evelyn Thomas, Luther Daniel, Shirley Farthing, Yurris McClendon, Patricia Russell, Karen Boggs, Miriam M. Myers and Norma Daniel |
| Pfizer Inc, McKesson Corporation, Kaiser Permanente Downey Pharmacy, Kaiser Permanente International and Does 1-50 |
| 2:2016cv02975 |
| August 30, 2016 |
| US District Court for the District of South Carolina |
| Charleston Office |
| XUS, Outside State |
| Richard M Gergel |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 |
| Both |
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| Filing 26 CLERK'S NOTICE OF CASE MANAGEMENT ORDER NO. 100 This notice relates to all cases. CMO 100 at Dkt. No. 1797 filed 1/3/2017 relates to the cases listed in Appendix 1 re Defendant's Omnibus Motion for Summary Judgment (Dkt. No. 1564 in case 2:14-mn-02502-RMG). For the reasons stated in the Order, Defendant's Omnibus Motion for Summary Judgment is GRANTED IN PART (This Order addresses the motion with regard to Plaintiffs who allegedly ingested dosages of Lipitor less than 80 mg. The claims of other Plaintiffs are addressed in CMO 99 at Dkt. No. 1796 filed 1/3/2017). The Court GRANTS Defendant's motion as to Plaintiffs' claims listed in Appendix 1, and these claims are DISMISSED WITH PREJUDICE. AND IT IS SO ORDERED. (Attachments: #1 Appendix)Associated Cases: 2:14-mn-02502-RMG et al.(sshe, ) |
| Filing 25 Cases transferred by Conditional Remand Order to California Central (re CMO 90, 91) The Transferring Clerk's Office hereby attests the record and the docket sheet available through CM/ECF to be the certified list. Associated Cases: 2:14-mn-02502-RMG et al.(sshe, ) |
| Filing 23 CASE MANAGEMENT ORDER NO. 91 This Order relates to Plaintiffs' member cases as listed on the Order regarding Motions to Remand (Dkt. Nos. 1525, 1567, 1575, 1577, 1595, 1626, 1649, 1683, 1722 in 2:14-mn-02502-RMG). For the reasons stated in the Order and in CMO 87, the Court GRANTS Plaintiffs' Motions to Remand (Dkt. Nos. 1525, 1567, 1575, 1577, 1595, 1626, 1649, 1683, 1722). The Court finds that it lacks diversity jurisdiction over these actions and that the only possible basis for federal jurisdiction is CAFA. Therefore, the Court SUGGESTS to the JPML that these actions be remanded to their transferor courts for further proceedings. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/30/2016. Associated Cases: 2:14-mn-02502-RMG et al.(sshe, ) |
| Filing 22 REPLY to Response to Motion re (17 in 2:16-cv-02975-RMG) MOTION to Remand , (1683 in 2:14-mn-02502-RMG) MOTION to Remand to State Court Response filed by Clinton Jay Boggs, Karen Boggs, Luther Daniel, Norma Daniel, Shirley Farthing, Brenda Hankins, Johnathan Hankins, Mary Lyles, Virgile Lyles, Mary Ann Maxwell, Yurris McClendon, Lola Miller, Patricia Ann Moore, Herbert Myers, Miriam M. Myers, Verna Lea Nash, Alice Parks, Robert Parks, Bonnie Paul, Carl B. Paul, Kenneth Russell, Patricia Russell, Henry Smith, Lawana Smith, Barbara Talbert, Glenford Talbert, Evelyn Thomas. Associated Cases: 2:14-mn-02502-RMG, 2:16-cv-02975-RMG(Altman, Keith) |
| Filing 21 NOTICE of Appearance by Sally Hosn on behalf of Kaiser Permanente International (Hosn, Sally) |
| Filing 20 RESPONSE in Opposition re (17 in 2:16-cv-02975-RMG, 1649 in 2:14-mn-02502-RMG) MOTION to Remand Response filed by Pfizer Inc.Reply to Response to Motion due by 10/27/2016 Associated Cases: 2:14-mn-02502-RMG, 2:16-cv-02975-RMG(Cheffo, Mark) |
| Filing 19 TEXT ORDER Plaintiffs' motion to stay discovery ((1650) in case 2:14-mn-02502-RMG; (18) in case 2:16-cv-02975-RMG) is GRANTED IN PART AND DENIED IN PART. The Stay Order in CMO 10 shall apply to Lawana Smith, et. al. v. Pfizer, Inc., et. al., Case No. 2:16-cv-02975. Thus, all general discovery in this case, including the completion of Plaintiff Fact Sheets is STAYED until resolution of the pending motion to remand. However, the parties are not exempt from participation in the deposition of common witnesses in the MDL. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 10/17/2016.Associated Cases: 2:14-mn-02502-RMG, 2:16-cv-02975-RMG(sshe, ) |
| Filing 18 MOTION to Stay re (17 in 2:16-cv-02975-RMG, 1649 in 2:14-mn-02502-RMG) MOTION to Remand by Clinton Jay Boggs, Karen Boggs, Luther Daniel, Norma Daniel, Shirley Farthing, Brenda Hankins, Johnathan Hankins, Mary Lyles, Virgile Lyles, Mary Ann Maxwell, Yurris McClendon, Lola Miller, Patricia Ann Moore, Herbert Myers, Miriam M. Myers, Verna Lea Nash, Alice Parks, Robert Parks, Bonnie Paul, Carl B. Paul, Kenneth Russell, Patricia Russell, Henry Smith, Lawana Smith, Barbara Talbert, Glenford Talbert, Evelyn Thomas. Response to Motion due by 10/17/2016. No proposed order.Associated Cases: 2:14-mn-02502-RMG, 2:16-cv-02975-RMG(Altman, Keith) |
| Filing 17 MOTION to Remand by Clinton Jay Boggs, Karen Boggs, Luther Daniel, Norma Daniel, Shirley Farthing, Brenda Hankins, Johnathan Hankins, Mary Lyles, Virgile Lyles, Mary Ann Maxwell, Yurris McClendon, Lola Miller, Patricia Ann Moore, Herbert Myers, Miriam M. Myers, Verna Lea Nash, Alice Parks, Robert Parks, Bonnie Paul, Carl B. Paul, Kenneth Russell, Patricia Russell, Henry Smith, Lawana Smith, Barbara Talbert, Glenford Talbert, Evelyn Thomas. Response to Motion due by 10/17/2016. No proposed order.Associated Cases: 2:14-mn-02502-RMG, 2:16-cv-02975-RMG(Altman, Keith) |
| Filing 16 MDL MEMBER CASE OPENED: California Central, 2:16-cv-05560, Lawana Smith et al v Pfizer Inc et al, as DSC case 2:16-cv-2975 (sshe, ) |
| Filing 15 Case transferred in from District of California Central; Case Number 2:16-cv-05560. Original file certified copy of transfer order and docket sheet received. |
| Filing 14 Transfer order from the Unites States Judicial Panel of Multidistrict Litigation, MDL 2502, transferring case to USDC, District of South Carolina and assigned to Honorable Richard M. Gergel. Case transferred electronically. (lwag) [Transferred from California Central on 8/31/2016.] |
Filing 13
MINUTE (IN CHAMBERS) Order Staying Action by Judge Cormac J. Carney: A motion to transfer this case is currently pending before the United States JudicialPanel of Multidistrict Litigation (The AMDL Panel@). Accordingly, this case is stayed pending a decision by the MDL Panel. Plaintiff shall advise the Court of the MDL Panel=s decision on the motion within 14 days of receipt of that decision. (Made JS-6. Case Terminated.) (lwag) [Transferred from California Central on 8/31/2016.]
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Filing 12
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 -Related Case- filed. Related Case No: 8:13-cv-01250 CJC(JPRx). Case transferred from Magistrate Judge Jacqueline Chooljian and Judge Christina A. Snyder to Judge Cormac J. Carney and Magistrate Judge Jean P. Rosenbluth for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:16-cv-05560 CJC(JPRx). Signed by Judge Cormac J. Carney (rn) [Transferred from California Central on 8/31/2016.]
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| Filing 11 CERTIFICATE OF SERVICE filed by Defendant Pfizer Inc., served on July 26, 2016. (Attachments: #1 Exhibit A)(Searcy, Marshall) [Transferred from California Central on 8/31/2016.] |
| Filing 10 ANSWER to Complaint - (Discovery),, with JURY DEMAND filed by Defendant Pfizer Inc..(Searcy, Marshall) [Transferred from California Central on 8/31/2016.] |
| Filing 9 PROOF OF SERVICE filed by Defendant Pfizer Inc., served on July 26, 2016. (Searcy, Marshall) [Transferred from California Central on 8/31/2016.] |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) [Transferred from California Central on 8/31/2016.] |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Jacqueline Chooljian. (et) [Transferred from California Central on 8/31/2016.] |
| Filing 6 CORPORATE DISCLOSURE STATEMENT filed by Defendant Pfizer Inc. (Searcy, Marshall) [Transferred from California Central on 8/31/2016.] |
| Filing 5 NOTICE of Interested Parties filed by Defendant Pfizer Inc., (Attachments: #1 Attachment)(Searcy, Marshall) [Transferred from California Central on 8/31/2016.] |
| Filing 4 NOTICE of Related Case(s) filed by Defendant Pfizer Inc.. Notice of Pendency of Other Actions or Proceedings Related Case(s): See Appendix A (Attachments: #1 Appendix A)(Searcy, Marshall) [Transferred from California Central on 8/31/2016.] |
| Filing 3 NOTICE of Related Case(s) filed by Defendant Pfizer Inc.. Related Case(s): 14-cv-1899, 14-cv-1818, 14-cv-1932, and others (Searcy, Marshall) [Transferred from California Central on 8/31/2016.] |
| Filing 2 CIVIL COVER SHEET filed by Defendant Pfizer Inc.. (Attachments: #1 Schedule A)(Searcy, Marshall) [Transferred from California Central on 8/31/2016.] |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number BC617993 Receipt No: 0973-18249943 - Fee: $400, filed by Defendant Pfizer Inc.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J) (Attorney Marshall M Searcy, III added to party Pfizer Inc.(pty:dft))(Searcy, Marshall) [Transferred from California Central on 8/31/2016.] |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Kaiser Permanente Downey Pharmacy, Kaiser Permanente International, McKesson Corporation, Pfizer Inc., Does 1-50. Jury Demanded., filed by Plaintiffs Herbert Myers, Verna Lea Nash, Evelyn Thomas, Norma Daniel, Barbara Talbert, Henry Smith, Patricia Ann Moore, Lawana Smith, Glenford Talbert, Kenneth Russell, Alice Parks, Shirley Farthing, Luther Daniel, Johnathan Hankins, Mary Ann Maxwell, Bonnie Paul, Virgile Lyles, Yurris McClendon, Patricia Russell, Robert Parks, Clinton Jay Boggs, Mary Lyles, Carl B. Paul, Lola Miller, Karen Boggs, Miriam M. Myers, Brenda Hankins. [FILED IN STATE COURT ON 4/22/2016 SUBMITTED ATTACHED TO EXHIBIT A TO NOTICE OF REMOVAL AS ATTACHMENT #2] (et) [Transferred from California Central on 8/31/2016.] |
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