Wherry et al v. AbbVie Inc.
| Lendale Hunt and Tiffany Wherry |
| Mike Forbess and AbbVie Inc. |
| 2:2024cv02645 |
| September 12, 2024 |
| US District Court for the Western District of Tennessee |
| Annie T Christoff |
| Jon Phipps McCalla |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 24, 2024. A more recent docket listing may be available from PACER.
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Filing 18
SCHEDULING ORDER and ORDER GRANTING IN PART #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Signed by Judge Jon Phipps McCalla on 10/24/2024. (ta)
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Filing 17
ORDER granting #16 Motion for Protective Order. Signed by Judge Jon Phipps McCalla on 10/23/2024. (ta)
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| Filing 16 Joint MOTION for Protective Order (proposed order submitted) by AbbVie Inc.. (Attachments: #1 Exhibit A - Stipulated Confidentiality and Protective Order)(Scott, Ben) |
| Filing 15 SETTING LETTER: A Jury Trial has been set for Monday, August 18, 2025 at 9:30 AM before Judge Jon Phipps McCalla in a courtroom to be determined. A Pretrial Conference has been set for Friday, August 8, 2025 at 9:30 AM in Courtroom 7 - Memphis before Judge Jon Phipps McCalla. A Proposed Joint Pretrial Order shall be submitted to the court by 4:30 pm on July 30, 2025. (jrs) |
| Filing 14 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Scheduling Conference held on 10/17/2024. Jason Whitworth appeared for the plaintiffs. Ben Scott appeared for the AbbVie, Inc. Case information, dates, and deadlines reviewed. The Court set a case schedule (See Scheduling Order). A Jury Trial is set for August 18, 2025 at 9:30 AM in a courtroom to be determined. The Pretrial Conference is set for Friday, August 8, 2025 at 9:30 AM in Courtroom 7. The Proposed Joint Pretrial Order shall be submitted by noon on July 30, 2025. Order to be entered. (Court Reporter: Polly Wardlaw) (jrs) Modified on 10/17/2024 - correction re: defendant's counsel appearance (jrs). |
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Filing 13
ORDER granting #12 Motion for Extension of Time to File Response/Reply Responses due by 11/15/2024. Signed by Judge Jon Phipps McCalla on 10/15/2024. (ta)
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| Filing 12 First MOTION for Extension of Time to File Response/Reply as to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM proposed order submitted by All Plaintiffs. (Attachments: #1 Memorandum)(Whitworth, Jason) |
| Filing 11 REPORT of Rule 26(f) Planning Meeting . (Attachments: #1 Exhibit A-Stipulated Confidentiality and Protective Order)(Scott, Ben) |
| Filing 10 SETTING LETTER: A TELEPHONIC SCHEDULING CONFERENCE pursuant to Rule 16(b) of the Federal Rules of Civil Procedure is SET for WEDNESDAY, OCTOBER 16, 2024 at 1:30 P.M. (CT) before United States District Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. The parties are advised that the Court will ask detailed questions about the facts of their case for the purposes of setting an efficient schedule and determining an appropriate scope of discovery that is proportional to the needs of the case. The parties are encouraged to review Federal Rules of Civil Procedure 16(c)(2) and 26(b)(1).(jrs) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by AbbVie Inc.. (Attachments: #1 Memorandum in Support of its Partial Motion to Dismiss, #2 Exhibit A - Skyrizi Label)(Cummins, Kyle) |
| Filing 8 NOTICE of Appearance by Ben J. Scott on behalf of AbbVie Inc. (Scott, Ben) |
| Filing 7 AMENDED DOCUMENT by AbbVie Inc.. Amendment to #1 Notice of Removal, Amended Notice of Removal of Defendant AbbVie Inc. (Attachments: #1 Exhibit 1 - State Court Filing, #2 Exhibit 2 - Service of Process Notice)(Cummins, Kyle) |
| Filing 6 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jae) |
| Filing 5 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae) |
| Filing 4 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jae) |
| Filing 3 Judge Jon Phipps McCalla and Magistrate Judge Annie T. Christoff added. (jae) |
| Filing 2 Corporate Disclosure Statement by AbbVie Inc.. (Cummins, Kyle) |
| Filing 1 NOTICE OF REMOVAL by AbbVie Inc. from Circuit Court of Tipton County, Tennessee, case number 8172 (Filing fee $ 405 receipt number ATNWDC-4503943), filed by AbbVie Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - State Court Filing)(Cummins, Kyle) |
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