Easter, et al v. Aventis Pasteur Inc, et al
Plaintiff: Vera Easter
Defendant: Aventis Pasteur Inc, Bayer Corporation, Dow Agrosciences LLC, Dow Chemical Company The, Eli Lilly and Company, Glaxosmithkline, Johnson & Johnson Consumer Co Inc, Merck & Co Inc, Ortho-Clinical Diagnostics, TXU US Holdings Co, Wyeth, Adventis Pasteur SA, Glaxosmithkline Biologicals S A and GDL International Inc
Case Number: 5:2003cv00141
Filed: June 30, 2003
Court: US District Court for the Eastern District of Texas
Presiding Judge: T John Ward
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 17, 2006. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 17, 2006 Shipped to FRC on 1/6/06, Accession Number 021 06 0022, Location A764, Box 44 Vol 1, Box 45 Vol 2-7, box 46 Vol 8-9 of 72. [For internal information only - case is either pending and imaged or closed.] (rml, )
March 29, 2005 Opinion or Order Filing 440 ORDER OF DISMISSAL WITHOUT PREJUDICE WITH CONDITIONS granting in part and denying in part #434 Motion to Continue or, in the alternative, motion for voluntary dismissal without prejudice. This case is dismissed without prejudice on the conditions imposed in this order. All other pending motions are denied as moot. Signed by Judge T. John Ward on 3/29/05. (mpv, )
March 2, 2005 Filing 439 RESPONSE in Opposition re #434 MOTION to Continue and Dismissal Without Prejudice filed by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4)(Maloney, Collin)
March 2, 2005 Filing 438 RESPONSE to Motion re #434 MOTION to Continue and Dismissal Without Prejudice /Defendants' Response To Plaintiff's Motion For Continuance To Allow For Development Of Additional Expert Testimony And, In The Alternative, Motion For Voluntary Dismissal Without Prejudice/ filed by Wyeth. (Mark, Richard)
March 1, 2005 Filing 437 RESPONSE to Motion re #429 MOTION for Judgment as a Matter of Law MOTION to Stay Pretrial Proceedings and Deadlines Pending Judgment, #430 MOTION for Judgment as a Matter of Law /Defendants Wyeth, Eli Lilly & Company, Merck & Co. And Aventis Pasteur Inc.'s Motion For Judgment Pursuant To Fed. R. Civ. 50(a), Or In The Alternative, Motion For Summary Judgment Pursuant To Fed. R. Ci filed by Vera Easter. (Fox, Dana)
February 25, 2005 Filing 436 TRANSCRIPT of Proceedings/Daubert Hearing held on 2/8/05 before Judge T John Ward. Court Reporter: Judith G. Werlinger. (mpv, )
February 24, 2005 Opinion or Order Filing 435 ORDER that court CANCELS all settings in this case, including the pre-trial conference and the jury selection and all deadlines in this case are STAYED pending further order of this court, except as provided herein and FURTHER ORDERED that pla file any response to dfts motion for judgment as a matter of law and motions for sum jgm relating to courts exclusion of Dr. Bradstreet's testimony by 3/2/2005 and dfts shall file any response to pla motion for continuance or voluntary dismissal without prejudice by the same date 3/2/2005. The court will issue any further orderes relating to disposition of this case after receiving the respective responses.. Signed by Judge T. John Ward on 2/24/2005. (sm, )
February 24, 2005 Filing 434 MOTION to Continue and Dismissal Without Prejudice by Vera Easter. (Attachments: #1 Text of Proposed Order Motion for Continuance-ORDER#2 Text of Proposed Order Voluntary Dismissal-ORDER#3 Affidavit C. Andrew Waters)(Fox, Dana)
February 24, 2005 Filing 433 RESPONSE to Motion re #428 MOTION to Stay /Defendants Wyeth, Eli Lilly & Company, Merck & Co. And Aventis Pasteur, Inc.'s Motion For Stay Of Pretrial Proceedings Pending Determination Of The Dispositive Motion And For An Expedited Briefing Schedule, #429 MOTION for Judgment as a Matter of Law MOTION to Stay Pretrial Proceedings and Deadlines Pending Judgment filed by Vera Easter. (Fox, Dana)
February 23, 2005 Filing 432 MOTION for Extension of Time to File Response/Reply as to #397 MOTION Challenging the Propriety of "Confidential Information" Designations by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: #1 Text of Proposed Order)(Maloney, Collin)
February 22, 2005 Filing 431 ***FILED IN ERROR; PLEASE IGNORE***REPLY to Response to Motion re #314 MOTION for Summary Judgment On Warning Causation (replaces docket number 309) Plaintiffs' Motion to Exceed Page Limitation Regarding Surreply to Motion for Summary Judgment filed by Vera Easter. (Attachments: #1 Exhibit Surreply Brief#2 Exhibit Exhibit 1#3 Exhibit Proposed Order on Motion to Exceed Page Limit)(Fox, Dana) Modified on 2/23/2005 (mpv, ).
February 22, 2005 Filing 430 MOTION for Judgment as a Matter of Law /Defendants Wyeth, Eli Lilly & Company, Merck & Co. And Aventis Pasteur Inc.'s Motion For Judgment Pursuant To Fed. R. Civ. 50(a), Or In The Alternative, Motion For Summary Judgment Pursuant To Fed. R. Civ. P. 56(b) by Wyeth. (Attachments: #1 Text of Proposed Order)(Mark, Richard)
February 22, 2005 Filing 429 MOTION for Judgment as a Matter of Law, MOTION to Stay Pretrial Proceedings and Deadlines Pending Judgment by Glaxosmithkline. (Attachments: #1 Exhibit - Proposed Final Judgment#2 Exhibit - Proposed Order Granting Stay)(Carroll, Otis)
February 18, 2005 NOTICE of Deficiency regarding the #427 Sur-Reply to Motion #314 submitted by Vera Easter. Exceeds the page limit. Correction should be made by 2/22/05 (mpv, )
February 18, 2005 Filing 428 MOTION to Stay /Defendants Wyeth, Eli Lilly & Company, Merck & Co. And Aventis Pasteur, Inc.'s Motion For Stay Of Pretrial Proceedings Pending Determination Of The Dispositive Motion And For An Expedited Briefing Schedule by Wyeth. (Attachments: #1 Exhibit 1 (Motion for Judgment)#2 Text of Proposed Order)(Mark, Richard)
February 18, 2005 Filing 427 ***DEFICIENT DOCUMENT; PLEASE IGNORE; EXCEEDS PAGE LIMIT; ATTORNEY MUST REFILE***REPLY to Response to Motion re #314 MOTION for Summary Judgment On Warning Causation (replaces docket number 309) Plaintiffs' Corrected Surreply in Opposition to Defendants' Motion for Summary Judgment filed by Vera Easter. (Attachments: #1 Exhibit 44 Fed.Reg.37,434, 37,447)(Fox, Dana) Modified on 2/22/2005 (mpv, ).
February 17, 2005 Opinion or Order Filing 426 ORDER granting #425 Motion to extend pretrial deadlines for one week . Signed by Judge T. John Ward on 2/17/2005. (sm, )
February 16, 2005 Filing 425 MOTION extend pretrial deadlines by Vera Easter. (Attachments: #1 Text of Proposed Order order#2 Exhibit 1)(Fox, Dana)
February 16, 2005 Filing 424 MOTION for Extension of Time to File Response/Reply /Agreed Motion To Extend Deadline For Defendants To Respond To Plaintiff's Motion Challenging The Propriety Of "Confidential Information" Designations/ by Wyeth. (Attachments: #1 Text of Proposed Order)(Mark, Richard)
February 14, 2005 NOTICE of Deficiency regarding #422 the Surreply to Motion for Summary Judgment submitted by Vera Easter. Exceeds Page Limit. Correction should be made by 2/15/05 (mpv, )
February 14, 2005 Filing 423 RESPONSE in Opposition re #306 MOTION for Summary Judgment Vaccine Defendants' No-evidence Motion for Summary Judgment as to Fraud, Conspiracy and Punitive Damages Under Texas Law Plaintiffs' Surreply in Opposition to Defendants' Motion for Summary Judgment as to Fraud, Conspiracy and Punitive Damages under Texas Law filed by Vera Easter. (Fox, Dana)
February 14, 2005 Filing 422 ***FILED IN ERROR PLEASE IGNORE EXCEEDS PAGE LIMIT, ATTY WILL REFILE***RESPONSE to Motion re #314 MOTION for Summary Judgment On Warning Causation (replaces docket number 309) Plaintiffs' Surreply in Opposition to Defendants' Motion for summary judgment on "warning causation" filed by Vera Easter. (Attachments: #1 Exhibit Exhibit 1 - Federal Register)(Fox, Dana) Modified on 2/15/2005 (mpv, ).
February 14, 2005 Filing 421 RESPONSE to Motion re #413 MOTION for Leave to File Excess Pages of Vaccine Defendants' Reply in Further Support of Motion for Summary Judgment as to Warnings and Punitive Damages Under the Vaccine Act (Unopposed) Plaintiffs' Surreply Opposing Vaccine Defendants' Motion for Summary Judgment as to Warnings and Punitive Damages Under the Vaccine Act filed by Vera Easter. (Fox, Dana)
February 14, 2005 Opinion or Order Filing 420 MEMORANDUM OPINION and ORDER granting in part #321 Motion to preclude testimony . Signed by Judge T. John Ward on 2/14/2005. (sm, )
February 11, 2005 Filing 419 Joint MOTION to Amend/Correct Docket Conrtol Order by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Vera Easter, Aventis Pasteur Inc, Eli Lilly and Company, Glaxosmithkline. (Attachments: #1 Text of Proposed Order Proposed Amended Docket Control Order)(Rother, Charles)
February 9, 2005 Document #417 sent to Texarkana Division, copy to Judge Ward (ehs)
February 8, 2005 Filing 418 Minute Entry for proceedings held before Judge T. John Ward : Hearing on Daubert Motions held on 2/8/2005; Status Conference also held at 4:00 p.m. on 2/8/2005. (Court Reporter Judy Werlinger.) (shd, )
February 7, 2005 Filing 417 FILED UNDER SEAL - EXHIBIT 1 - 8 submittedfor in camera inspection in connection with their reply in further support of motion for summary judgment as to warnings and punitive damages under the Vaccine Act filed by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, GDL International Inc, Aventis Pasteur Inc, Eli Lilly and Company. (ehs)
February 7, 2005 Filing 416 NOTICE by Glaxosmithkline Biologicals S A of Filing of Vaccine Defendants' Exhibits 1 Through 8 Submitted for In-Camera Inspection in Connection With Their Reply in Further Support of Motion for Summary Judgment As To Warnings and Punitive Damages Under the Vaccine Act (Maloney, Collin)
February 7, 2005 Filing 415 RESPONSE in Support re #314 MOTION for Summary Judgment On Warning Causation (replaces docket number 309) filed by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Aventis Pasteur Inc, Eli Lilly and Company. (Chambers, James)
February 7, 2005 Filing 414 RESPONSE in Support re #305 MOTION for Summary Judgment on General Causation filed by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Aventis Pasteur Inc, Eli Lilly and Company. (Chambers, James)
February 7, 2005 Filing 413 MOTION for Leave to File Excess Pages of Vaccine Defendants' Reply in Further Support of Motion for Summary Judgment as to Warnings and Punitive Damages Under the Vaccine Act (Unopposed) by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: #1 Text of Proposed Order #2 Exhibit Reply in Further Support of Motion for Summary Judgment As To Warnings and Punitive Damages Under the Vaccine Act#3 Exhibit)(Maloney, Collin)
February 7, 2005 Filing 412 MOTION for Leave to File Reply to Response in Excess of Ten Page Limit (Unopposed) by Eli Lilly and Company. (Attachments: #1 Exhibit Reply Brief#2 Appendix C to Reply Brief#3 Exhibit CCC to Appendix C of Reply Brief#4 Exhibit DDD to Appendix C of Reply Brief#5 Exhibit EEE to Appendix C of Reply Brief#6 Text of Proposed Order)(Miller, A)
February 7, 2005 Filing 411 RESPONSE in Support re #306 MOTION for Summary Judgment Vaccine Defendants' No-evidence Motion for Summary Judgment as to Fraud, Conspiracy and Punitive Damages Under Texas Law filed by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: #1 Exhibit A)(Maloney, Collin)
February 7, 2005 Filing 410 MOTION for Leave to File Reply to Response in Excess of Five Pages (Unopposed) re: previously filed #398 by Eli Lilly and Company. (Attachments: #1 Text of Proposed Order)(Miller, A)
February 7, 2005 Filing 409 MOTION for Leave to File Excess Pages /Defendants' Unopposed Motion For Leave To Exceed Page Limitations Regarding Reply Memorandum In Further Support Of Their Motion To Preclude Testimony Of Plaintiffs' Expert Witnesses Pursuant To Fed.R.Evid. 401, 702, 703 and Daubert/ by Wyeth. (Attachments: #1 Exhibit 1#2 Text of Proposed Order)(Mark, Richard)
February 7, 2005 Filing 408 BRIEF filed Plaintiff's Response To Defendants' Objection to the Affidavit of Jeffrey Bradstreet, M.D. by Vera Easter. (Fox, Dana)
February 7, 2005 Filing 407 NOTICE by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Aventis Pasteur Inc, Eli Lilly and Company Notice of Additional Deposition Designations in Support of Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses (Attachments: #1 #2 #3)(Rother, Charles)
February 7, 2005 Filing 406 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit Exhibit 165#2 Exhibit Exhibit 165 (Part 1)#3 Exhibit Exhibit 165 (Part 2)#4 Exhibit Exhibit 166#5 Exhibit Exhibit 167#6 Exhibit Exhibit 167 (Part 1)#7 Exhibit Exhibit 167 (Part 2)#8 Exhibit Exhibit 168)(Fox, Dana) Modified on 2/7/2005 (mpv, ).
February 7, 2005 Filing 405 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit Exhibit 157#2 Exhibit Exhibit 158#3 Exhibit Exhibit 159#4 Exhibit Exhibit 160#5 Exhibit Exhibit 161#6 Exhibit Exhibit 162#7 Exhibit Exhibit 163#8 Exhibit Exhibit 164)(Fox, Dana) Modified on 2/7/2005 (mpv, ).
February 7, 2005 Filing 404 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit Exhibit 156#2 Exhibit Exhibit 151#3 Exhibit Exhibit 152#4 Exhibit Exhibit 152 (Part 1)#5 Exhibit Exhibit 153#6 Exhibit Exhibit 154#7 Exhibit Exhibit 155#8 Exhibit Exhibit 156)(Fox, Dana) Modified on 2/7/2005 (mpv, ).
February 7, 2005 Filing 403 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit Exhibit 146#2 Exhibit Exhibit 146 (Part 1)#3 Exhibit Exhibit 146 (Part 2)#4 Exhibit Exhibit 147#5 Exhibit Exhibit 148#6 Exhibit Exhibit 149)(Fox, Dana) Modified on 2/7/2005 (mpv, ).
February 7, 2005 Filing 402 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit Exhibit 138#2 Exhibit Exhibit 139#3 Exhibit Exhibit 140#4 Exhibit Exhibit 142#5 Exhibit Exhibit 143#6 Exhibit Exhibit 144#7 Exhibit Exhibit 145)(Fox, Dana) Modified on 2/7/2005 (mpv, ).
February 7, 2005 Filing 401 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit Exhibit 130#2 Exhibit Exhibit 131#3 Exhibit Exhibit 132#4 Exhibit Exhibit 133#5 Exhibit Exhibit 134#6 Exhibit Exhibit 135#7 Exhibit Exhibit 136#8 Exhibit Exhibit 137)(Fox, Dana) Modified on 2/7/2005 (mpv, ).
February 7, 2005 Filing 400 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit Exhibit 123#2 Exhibit Exhibit 124#3 Exhibit Exhibit 125#4 Exhibit Exhibit 126#5 Exhibit Exhibit 127#6 Exhibit Exhibit 128#7 Exhibit Exhibit 129)(Fox, Dana) Modified on 2/7/2005 (mpv, ).
February 7, 2005 Filing 399 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit Exhibit 115#2 Exhibit Exhibit 116#3 Exhibit Exhibit 117#4 Exhibit Exhibit 118#5 Exhibit Exhibit 119#6 Exhibit Exhibit 122)(Fox, Dana) Modified on 2/7/2005 (mpv, ).
February 4, 2005 NOTICE of Deficiency regarding the #398 Response in support of #315 supplemental motion submitted by Eli Lilly and Company. Exceeds Page Limit. Correction should be made by 2/8/05 (mpv, )
February 4, 2005 Filing 398 ***FILED IN ERROR, PLEASE IGNORE, DOCUMENT EXCEEDS PAGE LIMIT***RESPONSE in Support re #315 Supplemental MOTION to Preclude the Proposed Testimony of Plaintiffs' Experts Relating to Claims Against Lilly filed by Eli Lilly and Company. (Attachments: #1 Exhibit A#2 Exhibit B)(Miller, A) Modified on 2/7/2005 (mpv, ).
February 4, 2005 Filing 397 MOTION Challenging the Propriety of "Confidential Information" Designations by Vera Easter. (Attachments: #1 Text of Proposed Order #2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit)(Fox, Dana)
February 4, 2005 Filing 396 RESPONSE to Motion re #303 MOTION for Extension of Time to Complete Discovery Order Granting Motion for Leave to Take a Deposition for Preservation of Trial Testimony filed by Vera Easter. (Fox, Dana)
February 4, 2005 Filing 395 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 107#2 Exhibit 108#3 Exhibit 109#4 Exhibit 110#5 Exhibit 111#6 Exhibit 112#7 Exhibit 113#8 Exhibit 114)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Filing 394 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 101#2 Exhibit 102#3 Exhibit 102a#4 Exhibit 103#5 Exhibit 103a#6 Exhibit 104#7 Exhibit 105#8 Exhibit 106)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Filing 393 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 95#2 Exhibit 96#3 Exhibit 97#4 Exhibit 98#5 Exhibit 99#6 Exhibit 100#7 Exhibit 100a#8 Exhibit 100b)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Filing 392 REPLY to Response to Motion re #312 MOTION to Strike /Exclude Certain Testimony of Certain Defense Experts filed by Vera Easter. (Fox, Dana)
February 4, 2005 Filing 391 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 87#2 Exhibit 88#3 Exhibit 89#4 Exhibit 90#5 Exhibit 91#6 Exhibit 92#7 Exhibit 93#8 Exhibit 94)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Filing 390 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 83#2 Exhibit 83a#3 Exhibit 84#4 Exhibit 85#5 Exhibit 85a#6 Exhibit 86#7 Exhibit 86a#8 Exhibit 86b)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Filing 389 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 78#2 Exhibit 78a#3 Exhibit 78b#4 Exhibit 78c#5 Exhibit 79#6 Exhibit 80#7 Exhibit 81#8 Exhibit 82)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Filing 388 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 75#2 Exhibit 76#3 Exhibit 76a#4 Exhibit 76b#5 Exhibit 76c#6 Exhibit 76d#7 Exhibit 77)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Opinion or Order Filing 387 ORDER Status Conference set for 2/8/2005 04:00 PM in Ctrm 106 (Marshall) before Judge T. John Ward.. Signed by Judge T. John Ward on 2/4/05. (mpv, )
February 4, 2005 Filing 386 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 73#2 Exhibit 73A#3 Exhibit 73b#4 Exhibit 73c#5 Exhibit 73d#6 Exhibit 73e#7 Exhibit 73f#8 Exhibit 74)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Filing 385 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 69#2 Exhibit 69a#3 Exhibit 70#4 Exhibit 71#5 Exhibit 72)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Filing 384 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 55#2 Exhibit 56#3 Exhibit 58#4 Exhibit 59#5 Exhibit 61#6 Exhibit 61A#7 Exhibit 62#8 Exhibit 64#9 Exhibit 65#10 Exhibit 66#11 Exhibit 68#12 Exhibit 68a)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Filing 383 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 47#2 Exhibit 48#3 Exhibit 49#4 Exhibit 50#5 Exhibit 51#6 Exhibit 52#7 Exhibit 53#8 Exhibit 54)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Filing 382 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 39#2 Exhibit 40#3 Exhibit 41#4 Exhibit 42#5 Exhibit 43#6 Exhibit 44#7 Exhibit 45#8 Exhibit 46)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Filing 381 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 31#2 Exhibit 32#3 Exhibit 33#4 Exhibit 34#5 Exhibit 35#6 Exhibit 36#7 Exhibit 37#8 Exhibit 38)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Filing 380 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 23#2 Exhibit 24#3 Exhibit 25#4 Exhibit 26#5 Exhibit 27#6 Exhibit 28#7 Exhibit 29#8 Exhibit 30)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Filing 379 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 22#2 Exhibit 22 part A#3 Exhibit 22 part B#4 Exhibit 22 part C#5 Exhibit 22 part D#6 Exhibit 22 part E#7 Exhibit 22 part F)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Filing 378 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 21#2 Exhibit 21 part A#3 Exhibit 21 part B#4 Exhibit 21 part C#5 Exhibit 21 part D)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Filing 377 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 20#2 Exhibit 20 part A#3 Exhibit 20 part B#4 Exhibit 20 part C#5 Exhibit 20 part D)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Filing 376 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 19#2 Exhibit 19 part A#3 Exhibit 19 part B#4 Exhibit 19 part C#5 Exhibit 19 part D)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 4, 2005 Filing 375 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit 18#2 Exhibit 18-part A#3 Exhibit 18 part B#4 Exhibit 18 part C#5 Exhibit 18 part D)(Fox, Dana) Modified on 2/4/2005 (mpv, ).
February 2, 2005 Filing 374 Minute Entry for proceedings held before Judge T. John Ward : Telephone Conference held on 2/2/2005 re: Daubert hearing procedures. (Court Reporter Christie Humphries.) (shd, )
February 2, 2005 Filing 373 RESPONSE in Support re #199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) Rebuttal Brief of Defendant Wyeth in Further Support of Motion for Summary Judgment Pursuant to Fed.R.Civ.P. 56(b) (With Supporting Authorities) filed by Wyeth. (Attachments: #1 Exhibit Rebuttal Declaration of Daniel J. Thomasch and Supporting Exhibits A and B)(Klatt, Michael)
February 2, 2005 Filing 372 ***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***Additional Attachments to Main Document: #349 Response to Motion.. (Attachments: #1 Exhibit Exhibit 64#2 Exhibit Exhibit 65#3 Exhibit Exhibit 66#4 Exhibit Exhibit 68#5 Exhibit Exhibit 69#6 Exhibit Exhibit 70#7 Exhibit Exhibit 71)(Fox, Dana) Modified on 2/2/2005 (mpv, ).
February 2, 2005 Filing 371 ***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***Additional Attachments to Main Document: #349 Response to Motion.. (Attachments: #1 Exhibit Exhibit 54#2 Exhibit Exhibit 55#3 Exhibit Exhibit 56#4 Exhibit Exhibit 58#5 Exhibit Exhibit 59#6 Exhibit Exhibit 61#7 Exhibit Exhibit 61 (Part 1)#8 Exhibit Exhibit 62)(Fox, Dana) Modified on 2/2/2005 (mpv, ).
February 2, 2005 Filing 370 ***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***Additional Attachments to Main Document: #349 Response to Motion.. (Attachments: #1 Exhibit Exhibit 46#2 Exhibit Exhibit 47#3 Exhibit Exhibit 48#4 Exhibit Exhibit 49#5 Exhibit Exhibit 50#6 Exhibit Exhibit 51#7 Exhibit Exhibit 52#8 Exhibit Exhibit 53)(Fox, Dana) Modified on 2/2/2005 (mpv, ).
February 2, 2005 Filing 369 ***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***Additional Attachments to Main Document: #349 Response to Motion.. (Attachments: #1 Exhibit Exhibit 38#2 Exhibit Exhibit 39#3 Exhibit Exhibit 40#4 Exhibit Exhibit 41#5 Exhibit Exhibit 42#6 Exhibit Exhibit 43#7 Exhibit Exhibit 44#8 Exhibit Exhibit 45)(Fox, Dana) Modified on 2/2/2005 (mpv, ). Modified on 2/2/2005 (mpv, ).
February 2, 2005 Filing 368 ***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***Additional Attachments to Main Document: #349 Response to Motion.. (Attachments: #1 Exhibit Exhibit 30#2 Exhibit Exhibit 31#3 Exhibit Exhibit 32#4 Exhibit Exhibit 33#5 Exhibit Exhibit 34#6 Exhibit Exhibit 35#7 Exhibit Exhibit 36#8 Exhibit Exhibit 37)(Fox, Dana) Modified on 2/2/2005 (mpv, ).
February 2, 2005 Filing 367 ***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***Additional Attachments to Main Document: #349 Response to Motion.. (Attachments: #1 Exhibit Exhibit 23#2 Exhibit Exhibit 24#3 Exhibit Exhibit 25#4 Exhibit Exhibit 26#5 Exhibit Exhibit 27#6 Exhibit Exhibit 28#7 Exhibit Exhibit 29)(Fox, Dana) Modified on 2/2/2005 (mpv, ).
February 2, 2005 Filing 366 ***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***Additional Attachments to Main Document: #349 Response to Motion.. (Attachments: #1 Exhibit Exhibit 22#2 Exhibit Exhibit 22 (Part 1)#3 Exhibit Exhibit 22 (Part 2)#4 Exhibit Exhibit 22 (Part 3)#5 Exhibit Exhibit 22 (Part 4)#6 Exhibit Exhibit 22 (Part 5)#7 Exhibit Exhibit 22 (Part 6))(Fox, Dana) Modified on 2/2/2005 (mpv, ).
February 2, 2005 Filing 365 ***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***Additional Attachments to Main Document: #349 Response to Motion.. (Attachments: #1 Exhibit #2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit)(Fox, Dana) Modified on 2/2/2005 (mpv, ).
February 2, 2005 Filing 364 ***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit #2 #3 Exhibit #4 Exhibit #5 Exhibit #6 Exhibit #7 Exhibit #8 Exhibit #9 Exhibit #10 Exhibit #11 Exhibit #12 Exhibit #13 Exhibit #14 Exhibit #15 Exhibit)(Fox, Dana) Modified on 2/2/2005 (mpv, ). Modified on 2/2/2005 (mpv, ).
February 2, 2005 Filing 363 NOTICE by Merck & Co Inc Notice of Pre-Trial Disclosures (Elliott, Paul)
February 2, 2005 NOTICE of Deficiency regarding the Additional attachments to main document #'s 364 - 372 submitted by Vera Easter. No table of contents per instructions. Correction should be made by 2/3/05 (mpv, )
February 1, 2005 Opinion or Order Filing 362 ORDER granting #278 Motion for Leave to File rebuttal brief, granting #301 Motion for Leave to File/submit additional questions for the jury questionaire, granting #336 Motion to Substitute Attorney Daniel J. Thomasch as atty in charge. Michael Klatt shall remain enrolled as additional counsel of record, granting #339 Motion to Substitute Attorney Andrew See as lead counsel . Signed by Judge T. John Ward on 2/1/05. (mpv, )
February 1, 2005 Notified Attorney, Andrew See, Per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. (mpv, )
February 1, 2005 Filing 361 NOTICE of hearing by telephone conference re: Daubert hearing procedures; telephone conference set for 2/2/2005 at 3:00 PM before Judge T. John Ward. The defendants are to initiate the telephone conference.(shd, )
February 1, 2005 Filing 360 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit Exhibit 7#2 Exhibit Exhibit 8#3 Exhibit Exhibit 9#4 Exhibit Exhibit 10#5 Exhibit Exhibit 11#6 Exhibit Exhibit 12#7 Exhibit Exhibit 13#8 Exhibit Exhibit 14#9 Exhibit Exhibit 14 (part A)#10 Exhibit Exhibit 15#11 Exhibit Exhibit 16#12 Exhibit Exhibit 16 (part A)#13 Exhibit Exhibit 16 (part B)#14 Exhibit Exhibit 17)(Fox, Dana) Modified on 2/2/2005 (mpv, ).
February 1, 2005 Filing 359 Additional Attachments to Main Document: #357 Response to Motion.. (Attachments: #1 Exhibit Exhibit 2#2 Exhibit Exhibit 2-part A#3 Exhibit Exhibit 2 (part B)#4 Exhibit Exhibit 2 (part C)#5 Exhibit Exhibit 2 (part D)#6 Exhibit Exhibit 2 (part E)#7 Exhibit Exhibit 3#8 Exhibit Exhibit 3 (part A)#9 Exhibit Exhibit 4#10 Exhibit Exhibir 4 (part A)#11 Exhibit Exhibit 4 (part B)#12 Exhibit Exhibit 4 (part C)#13 Exhibit Exhibit 4 (part D)#14 Exhibit Exhibit 5)(Fox, Dana) Modified on 2/2/2005 (mpv, ).
February 1, 2005 Filing 358 NOTICE of Disclosure by Eli Lilly and Company Notice of Pretrial Disclosures (Miller, A)
February 1, 2005 Filing 357 AMENDED RESPONSE #321 Response to Motion to Preclude Testimony and Daubert by Vera Easter. AMENDS #349 RESPONSE. (Fox, Dana) Modified on 2/1/2005 (mpv, ). Modified on 2/2/2005 (mpv, ). Modified on 2/2/2005 (mpv, ).
February 1, 2005 Filing 356 NOTICE by Aventis Pasteur Inc of Compliance (Chambers, James)
January 31, 2005 ***FILED IN ERROR. Document # 353, Additional Attachments to Main Document. PLEASE IGNORE.*** (mpv, )
January 31, 2005 ***FILED IN ERROR. Document # 351, Additional Attachments to Main Document. PLEASE IGNORE.*** (mpv, )
January 31, 2005 Filing 355 NOTICE of Disclosure by Wyeth /Defendant Wyeth's Notice Of Pretrial Disclosures/ (Mark, Richard)
January 31, 2005 Filing 354 RESPONSE to Motion re #310 MOTION for Summary Judgment Vaccine Defendants' Motion for Summary Judgment as to Warnings and Punitive Damages Under the Vaccine Act Plaintiff's Response to Vaccine Def. Motion for Summary Judgment as to Warnings and Punitive Damages Under the Vaccine Act filed by Vera Easter. (Attachments: #1 Exhibit Uproar Over a Little-Known Preservative, Thimerosal, Jostles U.S. Hepatitis B Vaccination Policy, Hepatitis Control Report, No. 4-2, Summer 1999#2 Exhibit Vaccine Administration Record of Jordan Easter#3 Exhibit Joint Statement Concerning Removal of Thimerosal from Vaccines, June 22, 2000#4 Exhibit Joint Statement Concerning Thimerosal, July 7, 1999#5 Exhibit Francis A. Ellis, Possible Danger in Use of Merthiolate Ophthalmic Ointment, 30 Arch. Ophthalmol. 265 (1943)#6 Exhibit H.D. Cogswell & Alex Shoun, Reaction Following the Use of Tr. Merthiolate, 5 Arizona Med. 42 (1948)#7 Exhibit John H. Brewer, Mercurials as Antiseptics, 53 Ann. N.Y. Acad. Sci. 211 (1950)#8 Exhibit J.H.M. Axton, Six Cases of Poisoning After a Parenteral Organic Mercurial Compound (Mertholiate), 48 Postgrad. M.J. 417 (1972)#9 Exhibit A. Kravchenko et al., Evaluation of the Toxic Action of Prophylactic and Therapeutic Preparations of Cell Cultures (1983)#10 Exhibit K.A. Winship, Organic Mercury Compounds and Their Toxicity, 3 Adv. Drug React. Ac. Pois. Rev. 141 (1986)#11 Exhibit K.A. Winship, Organic Mercury Compounds and Their Toxicity, 3 Adv. Drug React. Ac. Pois. Rev. 141 (1986)#12 Exhibit J. Cinca et al., Accidental Ethyl Mercury Poisoning with Nervous System, Skeletal Muscle and Myocardium Injury, 43 Journal of Neurology, Neurosurgery, and Psychiatry, 143, 143-149 (1979)#13 Exhibit Patricia M. Rodier, Developing Brain as a Target of Toxicity 103 Envtl. Health Perspectives 73, 73-76 (Sept. 1995)#14 Exhibit Biotechnology Working Party Preliminary Report on Thiomersal as Preservative in Biopharmaceuticals, 10-12 November 1997#15 Exhibit Transcript of Testimony of Dr. Halsey from National Academy of Sciences Institute of Medicine Immunization Safety Review Committee, Thimerosal-Containing Vaccines and Neurodevelopmental Outcomes Public Meeting, July 16, 2001, at p. 221.#16 Exhibit SmithKline review of Dr. W. Huber?s manuscript on ?The formulation of vaccines, particularly the hepatitis B#17 Exhibit Declaration of Dana C Fox#18 Exhibit Proposed Order)(Fox, Dana)
January 31, 2005 Filing 353 ***FILED IN ERROR, PLEASE IGNORE***Additional Attachments to Main Document: #352 Response to Motion.. (Fox, Dana) Modified on 2/1/2005 (mpv, ).
January 31, 2005 Filing 352 RESPONSE to Motion re #306 MOTION for Summary Judgment Vaccine Defendants' No-evidence Motion for Summary Judgment as to Fraud, Conspiracy and Punitive Damages Under Texas Law PLAINTIFFS? RESPONSE filed by Vera Easter. (Fox, Dana) Additional attachment(s) added on 2/1/2005 (mpv, ).
January 31, 2005 Filing 351 ***FILED IN ERROR, PLEASE IGNORE***Additional Attachments to Main Document: #347 Response in Opposition to Motion,.. (Fox, Dana) Modified on 2/1/2005 (mpv, ).
January 31, 2005 Filing 350 RESPONSE in Opposition re #305 MOTION for Summary Judgment on General Causation Plaintiff's Response to Vaccine Defendants' Motion for Summary Judgment on Causation filed by Vera Easter. (Fox, Dana)
January 31, 2005 Filing 349 RESPONSE to Motion re #321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert filed by Vera Easter. (Fox, Dana)
January 31, 2005 Filing 348 RESPONSE to Motion re #307 MOTION for Summary Judgment (Part 1 - due to size of filing, remaining exhibits will be split into two additional files) filed by Vera Easter. (Fox, Dana)
January 31, 2005 Filing 347 RESPONSE in Opposition re #314 MOTION for Summary Judgment On Warning Causation (replaces docket number 309) Plaintiff's Response to Vaccine Defendants' Motion for Summary Judgment on Warning Causation filed by Vera Easter. (Attachments: #1 Exhibit Order Denying Defendant Wyeth's Motion for Summary Judgment#2 Exhibit Motion of Defendant Wyeth for Reconsideration#3 Exhibit Order Denying Defendant Wyeth's Motion for Reconsideration)(Fox, Dana) Additional attachment(s) added on 2/1/2005 (mpv, ).
January 31, 2005 Filing 346 REPLY to Response to Motion re #303 MOTION for Extension of Time to Complete Discovery Order Granting Motion for Leave to Take a Deposition for Preservation of Trial Testimony Defendants' Reply to Plaintiff's Response to Defendants' Emergency Motion for Leave to Take a Deposition for Preservation of Trial Testimony and Plaintiff's Motion to Strike filed by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Aventis Pasteur Inc, Eli Lilly and Company, Glaxosmithkline. (Chambers, James)
January 31, 2005 Filing 345 NOTICE by Glaxosmithkline Biologicals S A and SmithKline Beecham Corporation d/b/a GlaxoSmithKline of Service of Pre-Trial Disclosures (Rother, Charles)
January 31, 2005 Filing 344 NOTICE by Vera Easter Plaintiff's Revised Witness List, Pared-Down Exhibit List and Anticipated Deposition Designations (Fox, Dana)
January 31, 2005 Filing 343 RESPONSE in Opposition re #315 Supplemental MOTION to Preclude the Proposed Testimony of Plaintiffs' Experts Relating to Claims Against Lilly filed by Vera Easter. (Attachments: #1 #2 #3 Exhibit #4 #5 #6 #7 #8 Exhibit #9 Exhibit #10 #11 #12 #13 Exhibit #14)(Fox, Dana)
January 31, 2005 Opinion or Order Filing 342 ORDER granting #318 Motion for Leave to File Excess Pages/and exemption from electronic filing requirements and page limitations as to Pla's response to Daubert motion. The Pla is granted leave to file and serve paper copies of the Daubert response and supporting record in accordance with this order. The Pla shall tender paper versions (an original and one copy) of the response to the court's chambers in Marshall, TX by 5:00 p.m. 2/1/05. The Pla shall also serve a paper copy of rht response and all attachments on the Dfts on 2/1/05. Thereafter, the Pla shall have until 2/7/05, to transmit an identical electronic copy of the motion and attachments through the court's electronic filing system which shall constitute the official court record . Signed by Judge T. John Ward on 1/31/05. (mpv, )
January 28, 2005 Filing 341 RESPONSE in Opposition re #316 MOTION to Amend/Correct #312 MOTION to Strike /Exclude Certain Testimony of Certain Defense Experts filed by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: #1 Exhibit A)(Maloney, Collin)
January 28, 2005 Filing 340 Additional Attachments to Main Document: #321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert. Replaces Exhibit D5 which was blank. (Maloney, Collin) Modified on 1/28/2005 (mpv, ).
January 27, 2005 Filing 339 MOTION to Substitute Attorney -In-Charge by Eli Lilly and Company. (Attachments: #1 Text of Proposed Order)(Miller, A)
January 26, 2005 Opinion or Order Filing 338 ORDER sua sponte, orders the parties to promptly meet and confer concerning whether and to what extent any party desires to call live witnesses at the Daubert hearing set for 2/8/05. The Pla shall notify the Dfts with the identity of any live witnesses the Pla plans to call by 2/1/05, at 12:00 noon. By 5:00 p.m., also on 2/1/05, the Dfts shall notify Pla of the identities of any live witnesses the Dfts plan to call at the hearing. Signed by Judge T. John Ward on 1/26/05. (mpv, )
January 26, 2005 Filing 337 NOTICE of Hearing: Status Conference set for 2/4/2005 at 9:00 AM in Ctrm 106 (Marshall) before Judge T. John Ward is CANCELED.(shd, )
January 26, 2005 Filing 336 MOTION to Substitute Attorney In-Charge by Wyeth. (Attachments: #1 Text of Proposed Order)(Klatt, Michael)
January 26, 2005 Notified Attorney, Lauren J Elliott, Richard W Mark, Regina Marie Rodriguez, Russell O Stewart, Daniel J Thomasch, Per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. Notified Attys that they are required to sign up for CM/ECF as soon as possible. (mpv, )
January 25, 2005 Filing 335 Additional Attachments to Main Document: #321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: #1 Exhibit G-1 to G-4#2 Exhibit G-5 to G-7#3 Exhibit G-8 to G-11#4 Exhibit G-12 to G-14#5 Exhibit G-15)(Maloney, Collin)
January 25, 2005 Filing 334 Additional Attachments to Main Document: #321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: #1 Exhibit F-109)(Maloney, Collin)
January 25, 2005 Filing 333 Additional Attachments to Main Document: #321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: #1 Exhibit F-108 Part 1#2 Exhibit F-108 Part 2#3 Exhibit F-108 Part 3#4 Exhibit F-108 Part 4#5 Exhibit F-108 Part 5#6 Exhibit F-108 Part 6)(Maloney, Collin)
January 25, 2005 Filing 332 Additional Attachments to Main Document: #321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: #1 Exhibit F-103 to F-105#2 Exhibit F-106 to F-107)(Maloney, Collin)
January 25, 2005 Filing 331 Additional Attachments to Main Document: #321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: #1 Exhibit F-58 to F-69#2 Exhibit F-70 to F-74#3 Exhibit F-75 to F-81#4 Exhibit F-82 to F-85#5 Exhibit F-86 to F-94#6 Exhibit F-95 to F-98#7 Exhibit F-99 to F-102)(Maloney, Collin)
January 25, 2005 Filing 330 Additional Attachments to Main Document: #321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: #1 Exhibit F-47 Part 1#2 Exhibit F-47 Part 2#3 Exhibit F-47 Part 3#4 Exhibit F-48 to F-53#5 Exhibit F-54 to F-56#6 Exhibit F-57 Part 1#7 Exhibit F-57 Part 2)(Maloney, Collin)
January 25, 2005 Filing 329 Additional Attachments to Main Document: #321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: #1 Exhibit F-21 to F-24#2 Exhibit F-25 to F-29#3 Exhibit F-30 to F-36#4 Exhibit F-37 to F-43#5 Exhibit F-44 to F-46)(Maloney, Collin)
January 25, 2005 Filing 328 Additional Attachments to Main Document: #321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: #1 Exhibit F-1 Part 1#2 Exhibit F-1 Part 2#3 Exhibit F-1 Part 3#4 Exhibit F-2 to F-9#5 Exhibit F-10 to F-13#6 Exhibit F-14 to F-16#7 Exhibit F-17 to F-20)(Maloney, Collin)
January 25, 2005 Filing 327 Additional Attachments to Main Document: #321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: #1 Exhibit E-1 to E-6#2 Exhibit E7 to E9#3 Exhibit E-10 Part 1#4 Exhibit E-10 Part 2#5 Exhibit E-11 to E-18#6 Exhibit E-19 to E-24#7 Exhibit E-25)(Maloney, Collin)
January 25, 2005 Filing 326 Additional Attachments to Main Document: #321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: #1 Exhibit D-4 Part 1#2 Exhibit D-4 Part 2#3 Exhibit D-5#4 Exhibit D-6 Part 1#5 Exhibit D-6 Part 2)(Maloney, Collin)
January 25, 2005 Filing 325 Additional Attachments to Main Document: #321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: #1 Exhibit D-1 Part 1#2 Exhibit D-1 Part 2#3 Exhibit D-2#4 Exhibit D-3 Part 1#5 Exhibit D-3 Part 2)(Maloney, Collin)
January 25, 2005 Filing 324 Additional Attachments to Main Document: #321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: #1 Exhibit C-3 Part 1#2 Exhibit C-3 Part 2#3 Exhibit C-4 Part 1#4 Exhibit C-4 Part 2)(Maloney, Collin)
January 25, 2005 Filing 323 Additional Attachments to Main Document: #321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: #1 Exhibit C-1 Part 1#2 Exhibit C-1 Part 2#3 Exhibit C-2 Part 1#4 Exhibit C-2 Part 2#5 Exhibit C-2 Part 3#6 Exhibit C-2 Part 4)(Maloney, Collin)
January 25, 2005 Filing 322 Additional Attachments to Main Document: #321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: #1 Exhibit B-1 Part 1#2 Exhibit B-1 Part 2#3 Exhibit B-2#4 Exhibit B-3#5 Exhibit B-4#6 Exhibit B-5#7 Exhibit B-6)(Maloney, Collin)
January 25, 2005 Filing 321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: #1 Text of Proposed Order #2 Index of Exhibit A#3 Exhibit A-1 Part 1#4 Exhibit A-1 Part 2#5 Exhibit A-1 Part 3#6 Exhibit A-2#7 Exhibit A-3#8 Exhibit A-4 Part 1#9 Exhibit A-4 Part 2)(Maloney, Collin)
January 24, 2005 Filing 320 RESPONSE to Motion re #303 MOTION for Extension of Time to Complete Discovery Order Granting Motion for Leave to Take a Deposition for Preservation of Trial Testimony filed by Vera Easter. (Attachments: #1 Text of Proposed Order Order#2 Exhibit Exhibit 1)(Fox, Dana)
January 21, 2005 Filing 319 REPLY to Response to Motion re #285 MOTION for Leave to File designate additional expert witness filed by Vera Easter. (Attachments: #1 Exhibit Exhibit 1#2 Exhibit Exhibit 2)(Fox, Dana)
January 21, 2005 Filing 318 MOTION for Leave to File Excess Pages /Motion for Exemption from Electronic Filing as to Plaintiff's Response to Daubert Motion by Vera Easter. (Attachments: #1 Text of Proposed Order Order)(Fox, Dana)
January 19, 2005 Filing 317 NOTICE of Hearing on Motion Daubert Motion Hearing set for 2/8/2005 at 9:00 AM in Ctrm 106 (Marshall) before Judge T. John Ward. (shd, )
January 19, 2005 Filing 316 AMENDED MOTION/amends #312 MOTION to Strike /Exclude Certain Testimony of Certain Defense Experts by Vera Easter. (Attachments: #1 Text of Proposed Order Order#2 Exhibit Exhibit 1A#3 Exhibit Exhibit 1B#4 Exhibit Exhibit 1C#5 Exhibit Exhibit 1D#6 Exhibit Exhibit 1D#7 Exhibit Exhibit 2#8 Exhibit Exhibit 3#9 Exhibit Exhibit 4#10 Exhibit Exhibit 5#11 Exhibit Exhibit 6)(Fox, Dana) Modified on 1/21/2005 (mpv, ).
January 19, 2005 Filing 315 Supplemental MOTION to Preclude the Proposed Testimony of Plaintiffs' Experts Relating to Claims Against Lilly by Eli Lilly and Company. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Text of Proposed Order)(Miller, A)
January 19, 2005 Filing 314 MOTION for Summary Judgment On Warning Causation (replaces docket number 309) by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Aventis Pasteur Inc, Eli Lilly and Company. (Attachments: #1 Text of Proposed Order)(Chambers, James)
January 19, 2005 ***FILED IN ERROR. Document # 309, Motion for Summary Judgment on Warning Causation. PLEASE IGNORE. REPLACED BY DOCUMENT #314 *** (mpv, )
January 18, 2005 Filing 313 ADDITIONAL ATTACHMENTS TO DOCUMENT #307 Part 3-Exhibits V-BBB of MSJ by Eli Lilly and Company. (Attachments: #1 Exhibit V#2 Exhibit W#3 Exhibit X#4 Exhibit Y#5 Exhibit Z#6 Exhibit AA#7 Exhibit BB#8 Exhibit CC#9 Exhibit DD#10 Exhibit EE#11 Exhibit FF#12 Exhibit GG#13 Exhibit HH#14 Exhibit II#15 Exhibit JJ#16 Exhibit KK#17 Exhibit LL#18 Exhibit MM#19 Exhibit OO#20 Exhibit PP#21 Exhibit QQ#22 Exhibit RR#23 Exhibit SS#24 Exhibit TT#25 Exhibit UU#26 Exhibit VV#27 Exhibit WW#28 Exhibit XX#29 Exhibit YY#30 Exhibit ZZ#31 Exhibit AAA#32 Exhibit BBB)(Miller, A) Modified on 1/19/2005 (mpv, ).
January 18, 2005 Filing 312 MOTION to Strike /Exclude Certain Testimony of Certain Defense Experts by Vera Easter. (Attachments: #1 Text of Proposed Order Order#2 Exhibit Exhibit 1A#3 Exhibit Exhibit 1B#4 Exhibit Exhibit 1C#5 Exhibit Ehxibit 1D#6 Exhibit Exhibit 1E#7 Exhibit Exhibit 2#8 Exhibit Exhibit 3#9 Exhibit Exhibit 4#10 Exhibit Exhibit 5#11 Exhibit Exhibit 6)(Fox, Dana)
January 18, 2005 Filing 311 ADDITIONAL ATTACHMENTS TO DOCUMENT #307 Part 2 of exhibits to MSJ by Eli Lilly and Company. (Attachments: #1 Exhibit J#2 Exhibit K#3 Exhibit L#4 Exhibit M#5 Exhibit N#6 Exhibit O#7 Exhibit P#8 Exhibit Q#9 Exhibit R#10 Exhibit S#11 Exhibit T#12 Exhibit U)(Miller, A) Modified on 1/19/2005 (mpv, ).
January 18, 2005 Filing 310 MOTION for Summary Judgment Vaccine Defendants' Motion for Summary Judgment as to Warnings and Punitive Damages Under the Vaccine Act by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Text of Proposed Order)(Maloney, Collin) Modified on 1/19/2005 (mpv, ).
January 18, 2005 Filing 309 ***FILED IN ERROR PLEASE IGNORE DOCUMENT REPLACED BY DOCUMENT #314 *** MOTION for Summary Judgment on Warning Causation by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Aventis Pasteur Inc, Eli Lilly and Company. (Attachments: #1 Text of Proposed Order)(Chambers, James) Modified on 1/19/2005 (mpv, ).
January 18, 2005 Filing 308 RESPONSE in Opposition re #285 MOTION for Leave to File designate additional expert witness filed by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Aventis Pasteur Inc, Eli Lilly and Company. (Attachments: #1 Exhibit 1#2 Exhibit 2)(Chambers, James)
January 18, 2005 Filing 307 MOTION for Summary Judgment (Part 1 - due to size of filing, remaining exhibits will be split into two additional files) by Eli Lilly and Company. (Attachments: #1 Appendix A#2 Appendix B#3 Appendix C#4 Exhibit A#5 Exhibit B#6 Exhibit C#7 Exhibit D#8 Exhibit E#9 Exhibit F#10 Exhibit G#11 Exhibit H#12 Exhibit I)(Miller, A)
January 18, 2005 Filing 306 MOTION for Summary Judgment Vaccine Defendants' No-evidence Motion for Summary Judgment as to Fraud, Conspiracy and Punitive Damages Under Texas Law by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: #1 Exhibit A#2 Text of Proposed Order)(Maloney, Collin) Modified on 1/19/2005 (mpv, ).
January 18, 2005 Filing 305 MOTION for Summary Judgment on General Causation by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Aventis Pasteur Inc, Eli Lilly and Company. (Attachments: #1 Exhibit 1a#2 Exhibit 1b#3 Exhibit 1c#4 Exhibit 1d#5 Exhibit 1e#6 Exhibit 1f#7 Exhibit 2#8 Exhibit 3#9 Exhibit 4#10 Exhibit 5a#11 Exhibit 5b#12 Exhibit 6a#13 Exhibit 6b#14 Exhibit 7a#15 Exhibit 7b#16 Text of Proposed Order)(Chambers, James)
January 18, 2005 Opinion or Order Filing 304 ORDER FOR JURY PANEL. Signed by Judge T. John Ward on 1/13/05. (mrm, )
January 14, 2005 Filing 303 MOTION for Extension of Time to Complete Discovery Order Granting Motion for Leave to Take a Deposition for Preservation of Trial Testimony by Aventis Pasteur Inc. (Attachments: #1 Order Granting Motion for Leave to Take A Deposition for Preservation of Trial Testimony)(Chambers, James)
January 14, 2005 Opinion or Order Filing 302 ORDER granting in part and denying in part #300 Motion for exemption from electronic filing requirements and page limitations for Daubert motions. The court adopts the following procedure for handling the Daubert motion expected to be filed on 1/18/05. The dfts shall tender paper versions (an original and one copy) of the motion and attachments to the court's chambers in Marshall, Texas, by 5:00 p.m. 1/18/05. The dfts shall serve a paper copy of the motion and all attachments on the plas. Thereafter, the dfts shall have until 1/25/05, to transmit an identical electronic copy of the motion and attachments through the court's electronic filing system which shall thereafter constitute the official court record . Signed by Judge T. John Ward on 1/14/05. (mpv, )
January 13, 2005 Filing 301 MOTION for Leave to File to Submit Additional Defendants' Proposed Jury Questionnaire Questions by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: #1 Text of Proposed Order #2 Supplement)(Maloney, Collin)
January 13, 2005 Filing 300 MOTION for Exemption from Electronic Filing Requirements and Page Limitations as to Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Experts by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: #1 Text of Proposed Order)(Maloney, Collin)
January 13, 2005 Filing 299 NOTICE of Attorney Appearance by Russell O. Stewart on behalf of Aventis Pasteur Inc (Chambers, James) Modified on 1/13/2005 (mpv, ).
January 13, 2005 Filing 298 NOTICE of Attorney Appearance by Regina M. Rodriguez on behalf of Aventis Pasteur Inc (Chambers, James) Modified on 1/13/2005 (mpv, ).
January 13, 2005 Filing 297 NOTICE of Attorney Appearance (filed as app for PHV) by Peter Andrew Kraus on behalf of Vera Easter (rml, )
January 12, 2005 Filing 296 NOTICE by Glaxosmithkline Biologicals S A of Defendants' Objection to Plaintiffs' Jury Questionnaire (Document #289) (Maloney, Collin)
January 12, 2005 Filing 295 NOTICE by Glaxosmithkline Biologicals S A of Defendants' First Amended Jury Questionnaire (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Maloney, Collin)
January 11, 2005 Filing 294 NOTICE by Vera Easter of Appearance of Additional Counsel (Fox, Dana)
January 10, 2005 Filing 293 Witness List by Wyeth. (Klatt, Michael)
January 10, 2005 Filing 292 Witness List by Merck & Co Inc. (Elliott, Paul)
January 10, 2005 Filing 291 Witness List by Glaxosmithkline Biologicals S A. (Maloney, Collin)
January 10, 2005 Filing 290 NOTICE of Defendants' Proposed Jury Questionnaire by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Maloney, Collin) Modified on 1/11/2005 (mpv, ).
January 10, 2005 Filing 289 NOTICE for Plaintiff's Proposed Jury Questionnaire by Vera Easter. (Attachments: #1 #2 #3 #4)(Fox, Dana) Modified on 1/11/2005 (mpv, ).
January 10, 2005 Filing 288 Witness List by Aventis Pasteur Inc. (Chambers, James)
January 10, 2005 Filing 287 Witness List by Eli Lilly and Company. (Miller, A)
January 7, 2005 Filing 286 TRANSCRIPT of Proceedings/Discovery Related Motions held on 12/10/04 before Judge T. John Ward. Court Reporter: Terri Lynn Smith. (mpv, )
January 7, 2005 Filing 285 MOTION for Leave to File designate additional expert witness by Vera Easter. (Attachments: #1 Text of Proposed Order Order#2 Exhibit Exhibit 1#3 Exhibit Exhibit 2)(Fox, Dana)
January 4, 2005 Filing 284 NOTICE by Eli Lilly and Company re #283 MOTION to Quash Cross-Notice of Videotaped Depositions of Greg Reynolds and Martha Adcox - Withdrawing its Motion to Quash (Miller, A)
January 3, 2005 Filing 283 WITHDRAWN MOTION to Quash Cross-Notice of Videotaped Depositions of Greg Reynolds and Martha Adcox by Eli Lilly and Company. (Attachments: #1 Exhibit A#2 Text of Proposed Order)(Miller, A) Modified on 1/4/2005 (sm, ). WITHDRAWN per #284
December 27, 2004 Filing 282 RESPONSE to Motion re #265 Amended MOTION to Amend/Correct #259 MOTION for Extension of Time to Complete Discovery Replaces Document #263 Statement of Non-Opposition Response by GSK, GSK Biologicals SA Aventis Pasteur Inc, Merck & Co, Inc, Wyeth and Eli Lilly & Co filed by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: #1 Exhibit A)(Carroll, Otis)
December 22, 2004 Opinion or Order Filing 281 ORDER granting in part and denying in part #224 Motion to Compel, granting in part and denying in part #228 Motion to Compel . Signed by Judge T. John Ward on December 22, 2004. (rml, )
December 22, 2004 Opinion or Order Filing 280 ORDER granting #244 Motion, denying #245 Motion to Strike, denying #254 Motion . Signed by Judge T. John Ward on December 17, 2004. (rml, )
December 21, 2004 Filing 279 RESPONSE to Motion re #275 MOTION to Quash Videotaped Deposition of Mike McConnell filed by Eli Lilly and Company. (Attachments: #1 #2 #3 #4 #5 #6 #7)(Miller, A)
December 20, 2004 Filing 278 MOTION for Leave to File Rebuttal Brief Of Defendant Wyeth In Further Support of Motion For Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (With Supporting Authorities) by Wyeth. (Attachments: #1 Exhibit 1#2 Text of Proposed Order)(Klatt, Michael)
December 20, 2004 Filing 277 Witness List by Vera Easter. (Fox, Dana)
December 17, 2004 Filing 276 RESPONSE in Support re #244 Amended MOTION For Leave to Call Additional Expert Witnesses And Memorandum In Support filed by Aventis Pasteur Inc. (Chambers, James)
December 17, 2004 Filing 275 MOTION to Quash Videotaped Deposition of Mike McConnell by Vera Easter. (Attachments: #1 Exhibit 1#2 Text of Proposed Order)(Fox, Dana)
December 16, 2004 Opinion or Order Filing 274 AGREED ORDER granting #230 Motion to Withdraw pla subpoenas and dfts motion to quash subpoenas . Signed by Judge T. John Ward on 12/16/2004. (sm, )
December 16, 2004 Opinion or Order Filing 273 ORDER granting #251 Motion for Leave to File Response to motion to compel in Excess Pages . Signed by Judge T. John Ward on 12/16/2004. (sm, )
December 16, 2004 Filing 272 RESPONSE to Motion re #244 Amended MOTION For Leave to Call Additional Expert Witnesses And Memorandum In Support filed by Vera Easter. (Attachments: #1 Exhibit Exhibit 1A#2 Exhibit Exhibit 1B#3 Exhibit Exhibit 2A#4 Exhibit Exhibit 2B#5 Exhibit Exhibit 3A#6 Exhibit Exhibit 3B#7 Exhibit Exhibit 4#8 Exhibit Exhibit 5A#9 Exhibit Exhibit 5B#10 Exhibit Exhibit 6A#11 Exhibit Exhibit 6B#12 Exhibit Exhibit 7A#13 Exhibit Exhibit 7B#14 Exhibit Exhibit 8A#15 Exhibit Exhibit 8B#16 Text of Proposed Order Order)(Fox, Dana)
December 15, 2004 Received in Marshall Div in camera review documents pursuant to 12/10/2004 order from aty James Dennis Chambers (represents dft Aventis) (sm, )
December 15, 2004 Filing 271 SEALED IN CAMERA AFFIDAVIT/DECLARATION pursuant to court order by Wyeth with supporting exhibit. (sm, )
December 15, 2004 Opinion or Order Filing 270 ORDER granting #218 Motion for Extension of Time to File Response/Reply, granting #219 Motion for Leave to File . Signed by Judge T. John Ward on 12/15/2004. (sm, )
December 15, 2004 Opinion or Order Filing 269 ORDER granting #236 Motion to Withdraw #225 MOTION for Leave to File Motion for Leave to Designate One Additional Expert Witness . Signed by Judge T. John Ward on 12/15/2004. (sm, )
December 15, 2004 Opinion or Order Filing 268 ORDER granting #257 Motion requesting extensions of discovery cutoff date for certain depositions. Signed by Judge T. John Ward on 12/15/2004. (sm, )
December 15, 2004 Opinion or Order Filing 267 ORDER granting #255 Motion to Withdraw motion to compel and complete responses to interrogatories by Dft Eli Lilly. Signed by Judge T. John Ward on 12/15/2004. (sm, )
December 15, 2004 Opinion or Order Filing 266 ORDER granting #252 Motion for Leave to File opposition to pla second motion to compel in Excess Pages . Signed by Judge T. John Ward on 12/15/2004. (sm, )
December 14, 2004 Filing 265 Amended MOTION to Amend/Correct #259 MOTION for Extension of Time to Complete Discovery Replaces Document #263 by Vera Easter. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Text of Proposed Order)(Fox, Dana)
December 14, 2004 Filing 264 RESPONSE in Opposition re #245 MOTION to Strike Designation of Boyd Haley as a Witness Who May Provide Expert Opinion Testimony filed by Vera Easter. (Attachments: #1 Exhibit 1#2 Text of Proposed Order)(Fox, Dana)
December 14, 2004 Filing 263 FILED IN ERROR - WILL REFILE DUE TO EVENT NOT DOCKETED CORRECTLY - MOTION to Amend/Correct #259 MOTION for Extension of Time to Complete Discovery filed by Vera Easter. (Attachments: #1 Text of Proposed Order order#2 Exhibit part 1#3 Exhibit part 2#4 Exhibit part 3)(Fox, Dana) Modified on 12/14/2004 (sm, ).
December 14, 2004 ***FILED IN ERROR - PLEASE IGNORE - EVENT NOT DOCKETED CORRECTLY- WILL REFILE. Document # 263, Motion to Amend. PLEASE IGNORE.*** (sm, )
December 13, 2004 Opinion or Order Filing 262 ORDER sua sponte clarifying its order regarding the in camera submisison of consulting experts privilege logs and documents ORDERING that by 12/15/2004 the dfts shall make the following submission to the court in camera: By affadavit or declaration the dfts shall provide the identities of any person asserted to be a consulting expert in this case . Signed by Judge T. John Ward on 12/13/2004. (sm, )
December 10, 2004 Filing 261 Minute Entry for proceedings held before Judge T. John Ward : Discovery Hearing held on 12/10/2004 in Marshall, TX. (Court Reporter Terri Smith.) (shd, )
December 10, 2004 ***FILED IN ERROR - PLEASE IGNORE - DOCUMENT EXCEEDS PAGE LIMIT SO UNABLE TO FILE. Document # 260, Reply. PLEASE IGNORE.*** (sm, )
December 9, 2004 Filing 260 FILED IN ERROR -PLEASE IGNORE - DOCUMENT EXCEEDS PAGE LIMIT - REPLY to Response to Motion re #228 Amended MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order filed by Vera Easter. (Attachments: #1 Exhibit part 1#2 Exhibit part 2#3 Exhibit part 3)(Fox, Dana) Modified on 12/10/2004 (sm, ).
December 9, 2004 Filing 259 MOTION for Extension of Time to Complete Discovery by Vera Easter. (Attachments: #1 Text of Proposed Order order#2 Exhibit part 1#3 Exhibit part 2#4 Exhibit part 3)(Fox, Dana)
December 9, 2004 Filing 258 FILED IN ERROR - PLEASE IGNORE - RESPONSE to Motion re #254 MOTION To preclude certain testimony of, and for additional time to depose, Dr. Mark Geier filed by Vera Easter. (Fox, Dana) Modified on 12/9/2004 (sm, ).
December 9, 2004 Filing 257 MOTION to extend the discovery deadline for certain depositions by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Text of Proposed Order)(Maloney, Collin)
December 9, 2004 Filing 256 RESPONSE to Motion re #254 MOTION To preclude certain testimony of, and for additional time to depose, Dr. Mark Geier filed by Vera Easter. (Attachments: #1 Appendix Declaration of Dana Fox#2 Exhibit Excerpts from a true and correct copy of the Deposition of Dr. Mark Geier, taken on Friday, November 12, 2004#3 Exhibit An excerpt from a true and correct copy of Mercury In Medicine Report, Speech of Hon. Dan Burton of Indiana, 149 Cong. Rec. E1011-03, E1030 (May 20, 2003))(Fox, Dana) Additional attachment(s) added on 12/9/2004 (sm, ).
December 9, 2004 Filing 255 MOTION to Withdraw its Motion to Compel Full and Complete Responses to Interrogatories by Eli Lilly and Company. (Attachments: #1 Text of Proposed Order)(Miller, A)
December 9, 2004 ***FILED IN ERROR - PLEASE IGNORE -. Document # 258, Response. PLEASE IGNORE.*** (sm, )
December 7, 2004 Filing 254 MOTION To preclude certain testimony of, and for additional time to depose, Dr. Mark Geier by Wyeth. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6a#7 Exhibit 6b#8 Exhibit 7#9 Exhibit 8a#10 Exhibit 8b#11 Exhibit 8c#12 Exhibit 8d#13 Exhibit 9#14 Exhibit 10#15 Exhibit 11#16 Exhibit 12#17 Exhibit 13#18 Exhibit 14#19 Text of Proposed Order)(Klatt, Michael)
December 6, 2004 Filing 253 RESPONSE to #200 Response to Motion,,,,, Supplement to document 200 by Vera Easter. (Attachments: #1 Supplement)(Fox, Dana)
December 2, 2004 ***FILED IN ERROR. Document # 249, Motion for leave to exceed page limit Re: Response to motion to Compel Relevant Documents. PLEASE IGNORE. SEE DOCUMENT #252 FOR CORRECTED ENTRY*** (mpv, )
December 2, 2004 Filing 252 MOTION for Leave to File Excess Pages Regarding Opposition to Plaintiff's 2nd Motion to Compel Production of Relevant Production by Merck & Co Inc. (Attachments: #1 Merck's Response in Opposition to Plaintiff's Second Motion to Compel#2 Exhibit Exhibits 1-7 to Merck's Response in Opposition to Plaintiff's 2nd Motion to Compel#3 Text of Proposed Order Order to Merck's Motion for Leave to Exceed Page Limits)(Josephson, Richard) Modified on 12/3/2004 (mpv, ). Modified on 12/3/2004 (mpv, ).
December 2, 2004 Filing 251 ***REPLACES DOCUMENT #249 *** MOTION for Leave to File Excess Pages re: Response to Motion to Compel Relevant Documents Requested Pursuant to Court Order by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Text of Proposed Order #2 Exhibit Defendants GSK and GSK Biologicals SA Response to Motion to Compel Production of Relevant Documents Requested Pursuant to Court Order#3 Exhibit Index of Exhibits and Exhibits A through D#4 Exhibit Exhibit E through G#5 Exhibit H part one#6 Exhibit H part two#7 Exhibit I through K#8 Exhibit Text of Proposed Order)(Maloney, Collin) Modified on 12/3/2004 (mpv, ).
December 2, 2004 Filing 250 ***FILED IN ERROR PLEASE IGNORE***RESPONSE in Opposition re #228 Amended MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order, #249 MOTION for Leave to File Excess Pages re: Response to Motion to Compel Relevant Documents Requested Pursuant to Court Order filed by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Exhibit Index of Exhibits, Exhibits A through D#2 Exhibit E through G#3 Exhibit H part one#4 Exhibit H part two#5 Exhibit I through K#6 Text of Proposed Order)(Maloney, Collin) Modified on 12/2/2004 (mpv, ).
December 2, 2004 Filing 249 ***FILED IN ERROR PLEASE IGNORE SEE DOCUMENT #251 FOR CORRECT ENTRY*** MOTION for Leave to File Excess Pages re: Response to Motion to Compel Relevant Documents by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Text of Proposed Order)(Maloney, Collin) Modified on 12/3/2004 (mpv, ).
December 2, 2004 Filing 248 RESPONSE to Motion re #224 MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order filed by Adventis Pasteur SA. (Attachments: #1 Exhibit A#2 Exhibit B (Part One)#3 Exhibit B (Part Two)#4 Exhibit C#5 Exhibit D#6 Exhibit E)(Chambers, James)
December 2, 2004 Filing 247 RESPONSE to Motion re #228 Amended MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order filed by Wyeth. (Attachments: #1 Exhibit Exhibits A-C)(Klatt, Michael)
December 2, 2004 Filing 246 NOTICE of Hearing:Hearing on all pending discovery related motions set for 12/10/2004 10:00 AM in Ctrm 106 (Marshall) before Judge T. John Ward. (shd, )
December 2, 2004 Filing 245 MOTION to Strike Designation of Boyd Haley as a Witness Who May Provide Expert Opinion Testimony by Eli Lilly and Company, Merck & Co Inc, Wyeth. (Attachments: #1 Exhibit #2 Exhibit #3 Exhibit #4 Affidavit #5 Text of Proposed Order)(Haltom, James)
December 2, 2004 Filing 244 ***REPLACES DOCUMENT #242 ***Amended MOTION For Leave to Call Additional Expert Witnesses And Memorandum In Support by Adventis Pasteur SA, Glaxosmithkline Biologicals S A, Merck & Co Inc, Wyeth. (Attachments: #1 Exhibit 1 (Part One)#2 Exhibit 1 (Part Two)#3 Exhibit 2#4 Exhibit 3 (Part One)#5 Exhibit 3 (Part Two)#6 Exhibit 4 (Part One)#7 Exhibit 4 (Part Two)#8 Exhibit 5#9 Exhibit 6 (Part One)#10 Exhibit 6 (Part Two)#11 Exhibit 7#12 Exhibit 8#13 Text of Proposed Order)(Chambers, James) Modified on 12/2/2004 (mpv, ).
December 2, 2004 ***FILED IN ERROR. Document # 250, Response to Motion to Compel. PLEASE IGNORE. DOCUMENT CANNOT BE FILED UNTIL ORDER RECEIVED GRANTING MOTION TO EXCEED PAGE LIMIT*** (mpv, ) Modified on 12/2/2004 (mpv, ).
December 1, 2004 ***FILED IN ERROR. Document # 242, Motion for leave to call additional witnesses (Did not have all exhibits attached). PLEASE IGNORE. SEE DOCUMENT #244 FOR CORRECT DOCUMENT WITH ALL EXHIBITS*** (mpv, )
December 1, 2004 Filing 243 ***REPLACES DOC #241.***MOTION for leave to continue the deposition of Dr. Mark R. Geier by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Text of Proposed Order #2 Exhibit numbers 1 through 9)(Maloney, Collin) Modified on 12/1/2004 (fal).
December 1, 2004 Filing 242 ***FILED IN ERROR PLEASE IGNORE, SEE DOCUMENT #244 FOR CORRECT DOCUMENT***MOTION For Leave to Call Additional Expert Witnesses and Memorandum in Support by Adventis Pasteur SA, Glaxosmithkline Biologicals S A, Merck & Co Inc, Wyeth. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Text of Proposed Order)(Chambers, James) Modified on 12/2/2004 (mpv, ).
December 1, 2004 Filing 241 ***FILED IN ERROR. PLEASE IGNORE. SEE DOC #243.***MOTION for leave to continue the deposition of Dr. Mark R. Geier by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Text of Proposed Order)(Maloney, Collin) Modified on 12/1/2004 (fal).
December 1, 2004 ***FILED IN ERROR. PLEASE IGNORE Doc #241, filed without exhibits. Replaced by Doc #243.***(fal)
November 29, 2004 Filing 240 First MOTION for Hearing and Proposed Order by Vera Easter. (Fox, Dana) Additional attachment(s) added on 11/30/2004 (mpv, ).
November 29, 2004 Filing 239 REPLY to Response to Motion re #199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) filed by Vera Easter. (Attachments: #1 Exhibit Declaration of C Siegel#2 Exhibit Francis A. Ellis, Possible Danger in Use of Merthiolate Ophthalmic Ointment, 30 Arch. Ophthalmol. 265 (1943)#3 Exhibit H.D. Cogswell & Alex Shoun, Reaction Following the Use of Tr. Merthiolate, 5 Arizona Med. 42 (1948)#4 Exhibit H.D. Cogswell & Alex Shoun, Reaction Following the Use of Tr. Merthiolate, 5 Arizona Med. 42 (1948)#5 Exhibit J.H.M. Axton, Six Cases of Poisoning After a Parenteral Organic Mercurial Compound (Mertholiate), 48 Postgrad. M.J. 417 (1972)#6 Exhibit J. Cinca et al., Accidental Ethyl Mercury Poisoning with Nervous System, Skeletal Muscle and Myocardium Injury, 43 Journal of Neurology, Neurosurgery, and Psychiatry, 143, 143-149 (1979)#7 Exhibit Patricia M. Rodier, Developing Brain as a Target of Toxicity 103 Envtl. Health Perspectives 73, 73-76 (Sept. 1995)#8 Exhibit A. Kravchenko et al., Evaluation of the Toxic Action of Prophylactic and Therapeutic Preparations of Cell Cultures (1983)#9 Exhibit Pursuant to the Agreed Confidentiality Order entered in Easter v Am. Home Prods., Civ. Action No. 5:03-CV-141 (E.D. Tex.), this document, designated as Exhibit 8 to the Declaration of Charles Siegel, is not included in the appendix filed with the Clerk#10 Exhibit Uproar Over a Little-Known Preservative, Thimerosal, Jostles U.S. Hepatitis B Vaccination Policy, Hepatitis Control Report, No. 4-2, Summer 1999#11 Exhibit Transcript of Testimony of Dr. Halsey from National Academy of Sciences Institute of Medicine Immunization Safety Review Committee, Thimerosal-Containing Vaccines and Neurodevelopmental Outcomes Public Meeting, July 16, 2001, at p. 221.#12 Exhibit Mark R. Geier & David A. Geier, Thimerosal in Childhood Vaccines, Neurodevelopment Disorders, and Heart Disease in the United States, 8 J. Am. Physicians & Surgeons 6 (Spring 2003)#13 Exhibit Mark R. Geier & David A. Geier, Neurodevelopmental Disorders after Thimerosal-Containing Vaccines: A Brief Communication (2003)#14 Exhibit David A. Geier & Mark R. Geier, A Comparative Evaluation of the Effects of MMR Immunization and Mercury Doses from Thimerosal-Containing Childhood Vaccines on the Population Prevalence of Autism, 10 Med. Sci. Monit. PI33, PI33-PI39 (2004))(Fox, Dana)
November 24, 2004 Opinion or Order Filing 238 ORDER granting #229 Motion for Extension of Time to File Response/Reply re #228 Amended MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order Responses due by 12/2/2004. Signed by Judge T. John Ward on 11/24/2004. (sm, )
November 23, 2004 Filing 237 RESPONSE in Opposition re #227 MOTION to Quash Subpoena Duces Tecum of Dr. Mark Geier filed by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Text of Proposed Order #2 Exhibit 1-8#3 Exhibit 9)(Maloney, Collin)
November 23, 2004 Filing 236 MOTION to Withdraw Motion for Leave to Designate One Additional Expert Witness-REPLACES #234 WITH CERTIFICATE OF CONFERENCE INCLUDED by Eli Lilly and Company. (Attachments: #1 Text of Proposed Order)(Miller, A)
November 23, 2004 ***FILED IN ERROR. Document # 234, Motion to Withdraw Motion. PLEASE IGNORE. SEE DOCUMENT #236 FOR CORRECT DOCUMENT*** (mpv, )
November 22, 2004 Filing 235 AMENDED ANSWER to Plaintiff's Third #103 Amended Complaint, by Glaxosmithkline. (Maloney, Collin)
November 22, 2004 Filing 234 ***FILED IN ERROR PLEASE IGNORE, SEE #236 FOR CORRECT ENTRY*** MOTION to Withdraw Its Motion for Leave to Designate One Additional Expert Witness by Eli Lilly and Company. (Attachments: #1 Text of Proposed Order)(Miller, A) Modified on 11/23/2004 (mpv, ).
November 22, 2004 Filing 233 AMENDED ANSWER to Plaintiff's Third #103 Amended Complaint, by Glaxosmithkline Biologicals S A. (Maloney, Collin)
November 19, 2004 Filing 232 RESPONSE to Motion re #229 MOTION for Extension of Time to File Response/Reply as to #228 Amended MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order filed by Vera Easter. (Attachments: #1 Text of Proposed Order #2 Text of Proposed Order)(Fox, Dana)
November 19, 2004 Filing 231 REPLY to Response to Motion re #199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) filed by Wyeth. (Haltom, James)
November 16, 2004 Filing 230 Joint MOTION to Withdraw Plaintiff?s Subpoenas and to Withdraw Defendants? Motion to Quash Subpoenas by Vera Easter. (Attachments: #1 Text of Proposed Order)(Fox, Dana)
November 16, 2004 Filing 229 MOTION for Extension of Time to File Response/Reply as to #228 Amended MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Text of Proposed Order)(Maloney, Collin)
November 12, 2004 Filing 228 Amended MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order by Vera Easter. (Attachments: #1 Appendix Table of Contents#2 Exhibit 1A#3 Exhibit 1B#4 Exhibit 1C#5 Exhibit 1D#6 Exhibit 2#7 Exhibit 3#8 Exhibit 4#9 Exhibit 5#10 Exhibit 6#11 Exhibit 7#12 Exhibit 8#13 Exhibit 9#14 Exhibit 10#15 Exhibit 11#16 Exhibit 12#17 Exhibit 13#18 Exhibit 14#19 Exhibit 15#20 Exhibit 16#21 Exhibit 17#22 Exhibit 18#23 Exhibit 19#24 Exhibit 20#25 Exhibit 21#26 Exhibit 22#27 Exhibit 23A#28 Exhibit 23B#29 Exhibit 23C#30 Exhibit 24#31 Exhibit 25#32 Exhibit 26#33 Exhibit 27#34 Exhibit 28#35 Exhibit 29#36 Exhibit 30#37 Exhibit 31#38 Exhibit 32#39 Exhibit 33#40 Exhibit 34#41 Exhibit 35#42 Exhibit 36#43 Exhibit 37#44 Exhibit 38#45 Exhibit 39#46 Exhibit 40#47 Exhibit 41#48 Exhibit 42#49 Exhibit 43#50 Exhibit 44#51 Exhibit 45#52 Exhibit 46#53 Exhibit 47#54 Exhibit 48#55 Exhibit 49#56 Exhibit 50#57 Exhibit 51#58 Text of Proposed Order)(Fox, Dana)
November 11, 2004 Filing 227 MOTION to Quash Subpoena Duces Tecum of Dr. Mark Geier by Vera Easter. (Attachments: #1 Exhibit Exhibit A#2 Exhibit Exhibit B#3 Text of Proposed Order Order)(Fox, Dana)
November 11, 2004 Filing 226 MOTION to Quash Subpoenas by Adventis Pasteur SA. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Exhibit 8#9 Text of Proposed Order)(Chambers, James)
November 11, 2004 Filing 225 WITHDRAWN MOTION for Leave to File Motion for Leave to Designate One Additional Expert Witness by Eli Lilly and Company. (Attachments: #1 Text of Proposed Order)(Miller, A) Modified on 12/15/2004 (sm, ). WITHDRAWN per #269
November 10, 2004 Filing 224 MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order by Vera Easter. (Attachments: #1 Text of Proposed Order #2 Appendix #3 Exhibit 1A#4 Exhibit 1B#5 Exhibit 1C#6 Exhibit 1D#7 Exhibit 2#8 Exhibit 3#9 Exhibit 4#10 Exhibit 5#11 Exhibit 6#12 Exhibit 7#13 Exhibit 8#14 Exhibit 9#15 Exhibit 10#16 Exhibit 11#17 Exhibit 12#18 Exhibit 13#19 Exhibit 14#20 Exhibit 15#21 Exhibit 16#22 Exhibit 17#23 Exhibit 18#24 Exhibit 19#25 Exhibit 20#26 Exhibit 21#27 Exhibit 22#28 Exhibit 23A#29 Exhibit 23B#30 Exhibit 23C#31 Exhibit 24#32 Exhibit 25#33 Exhibit 26#34 Exhibit 27#35 Exhibit 28#36 Exhibit 29#37 Exhibit 30#38 Exhibit 31#39 Exhibit 32#40 Exhibit 33#41 Exhibit 34#42 Exhibit 35#43 Exhibit 36#44 Exhibit 37#45 Exhibit 38#46 Exhibit 39#47 Exhibit 40#48 Exhibit 41#49 Exhibit 42#50 Exhibit 43#51 Exhibit 44#52 Exhibit 45#53 Exhibit 46#54 Exhibit 47#55 Exhibit 48#56 Exhibit 49#57 Exhibit 50#58 Exhibit 51)(Fox, Dana)
November 10, 2004 Returned sealed exhibits to #161 to Judge Ward for attys to pick up per order #222. (mpv, )
November 8, 2004 Opinion or Order Filing 223 ORDER granting #214 Motion for Leave to File Excess Pages in reply brief not to exceed eighteen pages of text and attachments. Signed by Judge T. John Ward on 11/8/04. (mpv, )
November 8, 2004 Opinion or Order Filing 222 ORDER granting #194 Motion To Release Documents Submitted For In Camera Review. It is further ORDERED that counsel for SmithKline Beecham Corp d/b/a GlaxoSmithKline and GlaxoSmithKline Biologicals are permitted to retrieve the confidential, privileged documents, one set submitted under seal with the clerk on 8/16/04, and the duplicate in camera set submitted to Judge Ward on 8/17/04 . Signed by Judge T. John Ward on 11/8/04. (mpv, )
November 8, 2004 Filing 221 ***EXHIBITS TO DOCUMENT #220 FILED SEPARATELY DUE TO ATTY NOT HAVING THEM AT TIME RESPONSE WAS FILED***RESPONSE in Opposition re #199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) ;Plaintiffs' Opposition to Defendant Wyeth's Motion for Summary Judgment Pursuant to Ded.R.Civ.P. 56(b); Declaration of Charles S. Siegel with Exhibits. filed by Vera Easter. (Attachments: #1 Exhibit Immunization Safety Review ? Thimerosal- Containing Vaccines and Neurodevelopmental Disorders, Institute of Medicine#2 Exhibit Immunization Safety Review ? Thimerosal- Containing Vaccines and Neurodevelopmental Disorders, Institute of Medicine#3 Exhibit Joint Statement (concerning Thimerosal) of the American Academy of Pediatrics (AAP) and the U.S. Public Health Service (PHS), July 7, 1999#4 Exhibit Joint Statement Concerning Removal of Thimerosal from Vaccines, June 22, 2000#5 Exhibit K.A. Winship, ?Organic mercury compounds and their toxicity,? 1986 Adv. Drug Rsch. Ac. Pois Rev. 141, 171 (1966)#6 Exhibit ?Single-dose versus multi-dose vaccine vials for immunization programmes in developing countries,? World Health Organization Bulletin, 2003#7 Exhibit 21 CFR 314.70, 1999 version#8 Exhibit 21 CFR 314.70, current version)(Fox, Dana) Additional attachment(s) added on 11/9/2004 (mpv, ). Modified on 11/9/2004 (mpv, ).
November 5, 2004 Filing 220 RESPONSE in Opposition re #199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) Plaintiffs' Opposition to Defendant Wyeth's Motion for Summary Judgment Pursuant to Fed.R.Civ.P. 56(b) filed by Vera Easter. (Attachments: #1 Affidavit Declaration of Charles S Siegel)(Fox, Dana)
November 1, 2004 Filing 219 MOTION for Leave to File Rebuttal in Further Support of Vaccine Defendants' Motion for Partial Summary Judgment as to Design Defect and Warnings Claims and Motion to Strike Allegations Pursuant to Rules 9(B), 12(B)(6) and 12(F) as to Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Text of Proposed Order #2 Vaccine Defendants' Rebuttal in Further Support of Motion for Partial Summary Judgment as to Design Defect and Warnings Claims and Motion to Strike Allegations Pursuant to Rules 9(B), 12(B)(6) and 12(F) as to Marketing Defect, Fraud and Conspiracy, and)(Maloney, Collin)
October 27, 2004 Filing 218 MOTION for Extension of Time to File Response/Reply as to #199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) by Vera Easter. (Attachments: #1 Text of Proposed Order)(Fox, Dana)
October 26, 2004 Filing 217 REPLY to Response to Motion re #185 MOTION for Summary Judgment Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims ; Plaintiffs' Sur-Reply in Opposition to Vaccine Defendants' Motion for Partial Summary Judgment and Motion to Strike filed by Vera Easter. (Fox, Dana)
October 26, 2004 ***FILED IN ERROR. Document # 216 (Not Signed), Reply to Response to Motion For Summary Judgement #185. PLEASE IGNORE. SEE DOCUMENT #217 for CORRECT DOCUMENT *** (mpv, )
October 25, 2004 Filing 216 *** FILED IN ERROR PLEASE IGNORE. SEE DOCUMENT #217 FOR CORRECT DOCUMENT***REPLY to Response to Motion re #185 MOTION for Summary Judgment Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims ; Plaintiffs' Sur-Reply in Opposition to Vaccine Defendants' Motion for Partial Summary Judgment and Motion to Strike filed by Vera Easter. (Fox, Dana) Modified on 10/26/2004 (mpv, ).
October 18, 2004 Filing 215 REPLY to Response to Motion re #185 MOTION for Summary Judgment Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims filed by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Exhibit Exhibits A and B)(Maloney, Collin)
October 18, 2004 Filing 214 MOTION for Leave to File Excess Pages by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Text of Proposed Order)(Maloney, Collin)
October 14, 2004 Filing 213 RESPONSE in Support re #198 Amended MOTION to Compel Full and Complete Responses to Interrogatories Reply in Support of its Motion to Compel filed by Eli Lilly and Company. (Attachments: #1 Exhibit A)(Miller, A)
October 13, 2004 Filing 212 NOTICE of Attorney Appearance by Gene M Williams on behalf of Eli Lilly and Company (Williams, Gene)
October 13, 2004 Opinion or Order Filing 211 ORDER granting #209 Motion for Extension of Time to File, granting #210 Motion for Extension of Time to File Response/Reply re #185 MOTION for Summary Judgment Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims, #199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) Responses due by 10/18/2004 for GlaxoSmithKline re: 185, Responses due by 11/3/04 for Pla to respond to #199; Wyeth's Replies due by 11/17/2004. Signed by Judge T. John Ward on 10/13/04. (mpv, )
October 8, 2004 Filing 210 MOTION for Extension of Time to File Response/Reply as to #199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) (Agreed) by Wyeth. (Attachments: #1 Text of Proposed Order)(Klatt, Michael)
October 7, 2004 Filing 209 MOTION for Extension of Time to File A Reply in Further Support of Their Motion For Summary Judgment and Motion to Strike by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Text of Proposed Order)(Maloney, Collin)
October 7, 2004 Filing 208 RESPONSE in Opposition re #198 Amended MOTION to Compel Full and Complete Responses to Interrogatories filed by Vera Easter. (Attachments: #1 Exhibit Exhibit 1#2 Exhibit Exhibit 2#3 Exhibit Exhibit 3)(Fox, Dana)
October 7, 2004 Filing 207 APPLICATION to Appear Pro Hac Vice by Attorney Jonathan Smith-George for Vera Easter. (rml, )
October 7, 2004 Pro Hac Vice Filing fee paid by Jonathan Smith-George; Fee: $25, receipt number: 103606 (rml, )
October 6, 2004 Filing 206 APPLICATION to Appear Pro Hac Vice by Attorney Joseph Evall for Wyeth. (rml, )
October 6, 2004 Pro Hac Vice Filing fee paid by Joseph Evall; Fee: $25, receipt number: 103605 (rml, )
October 5, 2004 Filing 204 NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of Vera Easter (Smith, Melissa)
October 5, 2004 Filing 203 APPLICATION to Appear Pro Hac Vice by Attorney Karen A Read for Eli Lilly and Company. (rml, )
October 5, 2004 Pro Hac Vice Filing fee paid by Karen Read; Fee: $25, receipt number: 103604 (rml, )
October 4, 2004 Filing 205 TRANSCRIPT of Proceedings held on September 1, 2004 before Judge Thomas Ward. Court Reporter: Shea Sloan RE: motion hearing. (sm, )
October 4, 2004 Filing 202 NOTICE of Attorney Appearance by Dana Casselli Fox on behalf of Vera Easter (Fox, Dana) Modified on 10/4/2004 (sm, ). IGNORE DOCUMENT
October 4, 2004 Filing 201 NOTICE of Attorney Appearance by Dana Casselli Fox on behalf of Vera Easter (Fox, Dana) Modified on 10/4/2004 (sm, ). IGNORE DOCUMENT
October 4, 2004 ***FILED IN ERROR DUE TO MUST BE FILED BY ATTY THAT IS APPEARING IN CASE. Document # 201 and 202, Notice of Atty Appearance. PLEASE IGNORE DUE TO WILL BE REFILED.*** (sm, )
October 1, 2004 Filing 200 RESPONSE to Motion re #185 MOTION for Summary Judgment Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims filed by Vera Easter. (Attachments: #1 Exhibit Exhibit 1 - Immunization Safety Review ? Thimerosal- Containing Vaccines and Neurodevelopmental Disorders, Institute of Medicine#2 Exhibit Exhibit 2 - Joint Statement (concerning Thimerosal) of the American Academy of Pediatrics (AAP) and the U.S. Public Health Service (PHS), July 7, 1999#3 Exhibit Exhibit 3 - Joint Statement Concerning Removal of Thimerosal from Vaccines, June 22, 2000#4 Exhibit Exhibit 4 - K.A. Winship, ?Organic mercury compounds and their toxicity,? 1986 Adv. Drug Rsch. Ac. Pois Rev. 141, 171 (1966)#5 Exhibit Exhibit 5 - ?Single-dose versus multi-dose vaccine vials for immunization programmes in developing countries,? World Health Organization Bulletin, 2003#6 Exhibit Exhibits 6 - 21 CFR 314.70, 1999 version#7 Exhibit Exhibit 7 - 21 CFR 314.70, current version#8 Text of Proposed Order Order on Plaintiffs Response to Motion for Partial Summary Judgment as to Design Defect and Warnings Claims and Motion to Strike Allegations Pursuant to Rules 9(b)(6), and 12(f) as to Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims)(Fox, Dana)
September 29, 2004 Filing 199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) by Wyeth. (Attachments: #1 Affidavit Declaration of Dennis J. Foley, dated September 24, 2004#2 Exhibit Exhibit Index for the Declaration of Dennis J. Foley#3 Exhibit Exhibit A to Declaration of Foley#4 Exhibit Exhibit B to Declaration of Foley#5 Exhibit Exhibit C to Declaration of Foley#6 Exhibit Exhibit D to Declaration of Foley#7 Exhibit Exhibit E to Declaration of Foley#8 Exhibit Exhibit F to Declaration of Foley#9 Exhibit Exhibit G to Declaration of Foley#10 Exhibit Exhibit H to Declaration of Foley#11 Exhibit Exhibit I to Declaration of Foley#12 Exhibit Exhibit J to Declaration of Foley#13 Exhibit Exhibit K to Declaration of Foley#14 Exhibit Exhibit L to Declaration of Foley#15 Exhibit Exhibit M to Declaration of Foley#16 Exhibit Exhibit N to Declaration of Foley#17 Exhibit Exhibit O to Declaration of Foley#18 Exhibit Exhibit P to Declaration of Foley#19 Exhibit Exhibit Q to Declaration of Foley#20 Exhibit Exhibit R to Declaration of Foley#21 Exhibit Exhibit S to Declaration of Foley#22 Exhibit Exhibit T to Declaration of Foley#23 Exhibit Exhibit U to Declaration of Foley#24 Affidavit Declaration of Daniel J. Thomasch, dated September 29, 2004#25 Exhibit Exhibit A to Declaration of Thomasch#26 Exhibit Exhibit B to Declaration of Thomasch#27 Exhibit Exhibit C to Declaration of Thomasch#28 Exhibit Exhibit D to Declaration of Thomasch#29 Exhibit Exhibit E to Declaration of Thomasch#30 Exhibit Exhibit F to Declaration of Thomasch#31 Exhibit Exhibit G to Declaration of Thomasch#32 Exhibit Exhibit H to Declaration of Thomasch#33 Exhibit Exhibit I to Declaration of Thomasch#34 Text of Proposed Order Order Granting Motion of Defendant Wyeth for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b))(Klatt, Michael) Modified on 9/29/2004 (ehs, ). Additional attachment(s) added on 10/1/2004 (Attachment #31 - Exhibit G replaced as Original Exhibit G document was damaged (ehs, ). Modified on 10/1/2004 (ehs, ).
September 27, 2004 Filing 198 Amended MOTION to Compel CORRECTING/RELATING TO #197 TO CORRECT cert of conference only Full and Complete Responses to Interrogatories by Eli Lilly and Company . (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Text of Proposed Order)(Miller, A) Modified on 9/27/2004 (sm, ).
September 22, 2004 Filing 197 MOTION to Compel Full and Complete Responses to Interrogatories by Eli Lilly and Company. (Attachments: #1 Exhibit 1, 31 pgs#2 Exhibit 2, 13 pgs.#3 Exhibit 3, 15 pgs.#4 Exhibit 4, 3 pgs.#5 Exhibit 5, 3 pgs.#6 Text of Proposed Order)(Miller, A) Modified on 9/29/2004 (sm, ). TERMED per filing of #198
September 21, 2004 Filing 196 MOTION Release Documents Submitted For In Camera Review by Aventis Pasteur Inc. (Chambers, James) Additional attachment(s) added on 9/22/2004 (sm, ).
September 15, 2004 Filing 195 MOTION for Default Judgment as to Defendant GDL International, Inc. by Vera Easter. (Attachments: #1 Text of Proposed Order Order on Plaintiffs Motion for Default Judgment#2 Request for Oral Argument on Plaintiffs Motion for Default Judgment#3 Exhibit Exhibit A#4 Affidavit Affidavit of Dana C. Fox)(Fox, Dana)
September 15, 2004 Filing 194 MOTION To Release Documents Submitted For In Camera Review (Unopposed) by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Text of Proposed Order)(Maloney, Collin)
September 14, 2004 Filing 193 MOTION Entry of Agreed Order on Vaccine Defendants' Motion to Compel Production of Relevant Documents by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1)(Maloney, Collin)
September 9, 2004 NOTICE to atty (DOCUMENT UNSIGNED and NEEDS TO BE REDOCKETED) re #191 Proposed MOTION for Extension of Time to File Response/Reply as to #185 MOTION for Summary Judgment Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Ma (sm, )
September 8, 2004 Filing 192 Proposed MOTION for Extension of Time to File Response/Reply as to #185 MOTION for Summary Judgment REPLACES DOCUMENT 191Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims Replaces Document 191 by Vera Easter. (Attachments: #1 Text of Proposed Order ORDER ON PLAINTIFFS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO DEFENDANTS MOTIONS FOR RECONSIDERATION)(Fox, Dana) Modified on 9/10/2004 (sm, ).
September 8, 2004 Filing 191 Proposed MOTION for Extension of Time to File Response/Reply as to #185 MOTION for Summary Judgment Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims by Vera Easter. (Attachments: #1 Text of Proposed Order ORDER ON PLAINTIFF?S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO DEFENDANTS? MOTIONS FOR RECONSIDERATION)(Fox, Dana) Modified on 9/9/2004 (sm, ). CONTACTED ATTY TO FILE ANOTHER MOTION DUE TO THIS PLEADING WAS UNSIGNED
September 7, 2004 Opinion or Order Filing 190 ***FILED IN ERROR REPLACES #188- CORRECTED ORDER re #188 Order on Motion to Withdraw . Signed by Judge T. John Ward on 9/2/2004. (sm, ) Modified on 9/7/2004 (sm, ).
September 7, 2004 Opinion or Order Filing 189 ORDER granting #181 Motion to Dismiss Dft Aventis Pasteur. Signed by Judge T. John Ward on 9/2/2004. (sm, )
September 7, 2004 Opinion or Order Filing 188 ORDER granting #179 Motion to Withdraw withdrawing #169 motion. Signed by Judge T. John Ward on 9/2/2004. (sm, )
September 7, 2004 Opinion or Order Filing 187 AGREED ORDER RE: Pla motion to compel production of relevant documents and FURTHER ORDERED that mandatory disclosure requirements in paragraph 3 of Courts Amended Discovery Order are no longer in effect (no motion was filed by atty). Signed by Judge T. John Ward on 9/3/2004. (sm, )
September 7, 2004 Filing 186 NOTICE of Proposed Order by Glaxosmithkline, Glaxosmithkline Biologicals S A re #152 MOTION to Compel Vaccine Defendants Motion to Compel Relevant Documents Agreed Order on Motion to Compel--- replaces Document #183 (Maloney, Collin) Modified on 9/9/2004 (sm, ).
September 7, 2004 Terminated Dft Aventis per #189 order (sm, )
September 3, 2004 Contacted atty filing #183 and informed atty that the PDF document to this motion is the proposed order only so need to redocket the motion to attach the complete file document (sm, )
September 3, 2004 Filing 185 MOTION for Summary Judgment Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims by Glaxosmithkline Biologicals S A. Responses due by 9/15/2004 (Attachments: #1 Exhibit Exhibits 1-3#2 Exhibit Exhibit 4#3 Exhibit Exhibit 5#4 Text of Proposed Order)(Hill, Jack)
September 2, 2004 Filing 183 MOTION to Compel Order by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Maloney, Collin) Modified on 9/7/2004 (sm, ). Contacted atty that the PDF document on this entry is the proposed order instead of motion so they need to docket the motion)
September 1, 2004 Filing 182 Minute Entry for proceedings held before Judge T. John Ward : Motion Hearing held on 9/1/2004 re #141 MOTION to Compel filed by Vera Easter. (Court Reporter Shea Sloan.) (shd, )
August 31, 2004 Filing 184 APPLICATION to Appear Pro Hac Vice by Attorney David L Boman for Eli Lilly and Company. (mpv, )
August 31, 2004 Pro Hac Vice Filing fee paid by David L Boman; Fee: $25, receipt number: 103566 (mpv, )
August 27, 2004 Filing 181 MOTION to Dismiss without prejudice pla causes of action against Dft Aventis Pasteur by Vera Easter. (Attachments: #1 Text of Proposed Order)(sm, )
August 27, 2004 Opinion or Order Filing 180 ORDER granting #111 Motion for Protective Order and accordingly Aventis Pasteur is relieved of the obligation to comply with any of the disclosure requirements of Courts amended discovery order . Signed by Judge T. John Ward on 8/25/2004. (sm, )
August 26, 2004 Filing 179 MOTION to Withdraw #169 MOTION for Hearing Defendant SmithKline Beecham Corporation D/B/A Glaxosmithkline's and Glaxosmithkline Biologicals S.A.'s Motion to Reschedule September 1 Hearing by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Text of Proposed Order)(Maloney, Collin)
August 26, 2004 Filing 178 RESPONSE in Opposition re #169 MOTION for Hearing Defendant SmithKline Beecham Corporation D/B/A Glaxosmithkline's and Glaxosmithkline Biologicals S.A.'s Motion to Reschedule September 1 Hearing filed by Vera Easter. (sm, )
August 25, 2004 Filing 177 MOTION to Withdraw Pla motion to quash videotaped portion of Wyeths Notice of Intention to Take the Oral and Videotaped Deposition of Vera Easter by Vera Easter. (Attachments: #1 Text of Proposed Order)(sm, )
August 24, 2004 Opinion or Order Filing 176 SUPPLEMENTAL AGREED CONFIDENTIALITY ORDER . Signed by Judge T. John Ward on 8/23/2004. (sm, )
August 24, 2004 Opinion or Order Filing 175 ORDER denying #171 Motion to Quash . Signed by Judge T. John Ward on 8/23/2004. (sm, )
August 24, 2004 Opinion or Order Filing 174 ORDER denying as MOOT #168 Motion to withdraw pla motion to quash and VACATES #167 order. Signed by Judge T. John Ward on 8/23/2004. (sm, )
August 20, 2004 Filing 173 AFFIDAVIT in Opposition re #141 MOTION to Compel filed by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Maloney, Collin)
August 20, 2004 Filing 172 RESPONSE in Opposition re #171 MOTION to Quash filed by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Text of Proposed Order)(Maloney, Collin)
August 20, 2004 Filing 171 MOTION to Quash videotaped portion of Wyeths notice of intention to take deposition of Vera Easter by Vera Easter. (Attachments: #1 Text of Proposed Order)(sm, )
August 19, 2004 Filing 170 NOTICE by Glaxosmithkline, Glaxosmithkline Biologicals S A Supplemental Agreed Confidentiality Order (Maloney, Collin)
August 19, 2004 Filing 169 WITHDRAWN MOTION for Hearing Defendant SmithKline Beecham Corporation D/B/A Glaxosmithkline's and Glaxosmithkline Biologicals S.A.'s Motion to Reschedule September 1 Hearing by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Exhibit Exhibit A - E#2 Text of Proposed Order)(Maloney, Collin) Modified on 9/7/2004 (sm, ). WITHDRAWN per #188
August 18, 2004 Filing 168 MOTION to withdraw #156 MOTION to Quash subpoena duces tecum by Vera Easter. (Attachments: #1 Text of Proposed Order)(mpv, )
August 18, 2004 Opinion or Order Filing 167 VACATED ORDER granting in part and denying in part #156 Motion to Quash Subpoena Duces Tecum. Accordingly, Pla's motion is GRANTED IN PART AND DENIED IN PART in that request #4, as worded, is quashed; the remainder of subpoena duces tecum is not quashed; and request #4 is amended to read, "All documents sent by you or at your request to any defendant in this lawsuit." Signed by Judge T. John Ward on 8/17/04. (mpv, ) Modified on 8/24/2004 (sm, ). VACATED per #174
August 18, 2004 Filing 166 NOTICE of Hearing:TELEPHONE CONFERENCE set for 8/18/2004 10:00 AM before Judge T. John Ward is CANCELLED.(shd, )
August 16, 2004 Filing 165 RESPONSE to Motion re #141 MOTION to Compel to compel production of relevant documents, motion to compel adequate privilege logs, and request for In Camera Inspection of Documents filed by Aventis Pasteur Inc. (Attachments: #1 Exhibit 1 - 5 #2 Exhibit 6 (1st half) #3 Exhibit 6 (2nd Half )#4 Exhibit 7 #5 Exhibit SEALED #6 Text of Proposed Order)(mpv, ) Additional attachment(s) added on 8/18/2004 (mpv, ).
August 16, 2004 Filing 164 RESPONSE to Motion re #141 MOTION to Compel production of relevant documents, motion to compel adequate privilege logs and Request for In Camera Inspection of Documents filed by Eli Lilly and Company. (mpv, )
August 16, 2004 Filing 163 RESPONSE in Opposition re #141 MOTION to Compel production of relevant documents, motion to compel adequate privilege logs and request for In Camera Inspection of Documents filed by Wyeth. (mpv, )
August 16, 2004 Filing 162 RESPONSE to Motion re #141 MOTION to Compel Production of Relevant Documents, Motion to Compel Adequate Privilege Logs and Request for In Camera Inspection of Documents filed by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Text of Proposed Order #2 Exhibit A, B, C#3 Exhibit D, E, F, G#4 Exhibit H, I)(Maloney, Collin)
August 16, 2004 Filing 161 NOTICE by Glaxosmithkline, Glaxosmithkline Biologicals S A Documents Submitted Under Seal For In Camera Inspection (Maloney, Collin)
August 16, 2004 Filing 160 NOTICE of Hearing: Telephone conference re: discovery disputes set for 8/18/2004 10:00 AM before Judge T. John Ward. (shd, )
August 16, 2004 Filing 159 RESPONSE in Opposition re #141 MOTION to Compel Production of Relevant Documents, Motion to Compel Adequate Privilege Logs and Request for In Camera Inspection of Documents filed by Merck & Co Inc. (Attachments: #1 Text of Proposed Order Order Denying Plaintiff's Motion to Compel Production of Documents)(Josephson, Richard)
August 13, 2004 Opinion or Order Filing 158 ORDER granting #143 Motion for Hearing on #141 and accordingly sets oral argument to be heard at the US Courthouse in Marshall, TX on 9/1/04 at 10:00 a.m. At the hearing, the Court will also hear argument on the Vaccine Dfts' motion to Compel Relevant Documents #152 . Signed by Judge T. John Ward on 8/11/04. (mpv, )
August 13, 2004 Opinion or Order Filing 157 ORDER granting #150 Motion to Withdraw as Attorney. Attorney Rebecca Jo Reser terminated, Atty Dennis Chambers shall remain as Atty-In-Charge for Aventis Pasteur Inc. Signed by Judge T. John Ward on 8/11/04. (mpv, )
August 13, 2004 Set/Reset Deadlines as to #141 MOTION to Compel, #152 MOTION to Compel Vaccine Defendants Motion to Compel Relevant Documents. Motion Hearing set for 9/1/2004 10:00 AM in Ctrm 106 (Marshall) before Judge T. John Ward. (mpv, )
August 12, 2004 Filing 156 MOTION to Quash Subpoena by Vera Easter. (Attachments: #1 Text of Proposed Order)(sm, )
August 11, 2004 Filing 155 MOTION for Summary Judgment by Adventis Pasteur SA. (Attachments: #1 Text of Proposed Order)(Chambers, James)
August 6, 2004 Opinion or Order Filing 154 ORDER GRANTING re #148 MOTION for Extension of Time to File UNOPPOSED MOTION TO EXTEND TIME TO FILE A RESPONSE TO PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF RELEVANT DOCUMENTS, MOTION TO COMPEL ADEQUATE PRIVILEGE LOGS AND REQUEST FOR IN CAMERA INSPECTION OF DOCUMENT filed by Glaxosmithkline, Glaxosmithkline Biologicals S A (SEE DOC #153 Computer failed and Order did not send). Signed by Judge T. John Ward on 8/3/04. (mpv, )
August 6, 2004 Opinion or Order Filing 153 ORDER granting #148 Motion for Extension of Time to File to file a response to Pla's motion to compel production of relevant documents, motion to compel adequate privilege logs and request for In Camera inspection of documents until 8/16/04. Signed by Judge T. John Ward on 8/3/04. (mpv, )
August 5, 2004 Filing 152 MOTION to Compel Vaccine Defendants Motion to Compel Relevant Documents by Aventis Pasteur Inc, Glaxosmithkline, Glaxosmithkline Biologicals S A, Merck & Co Inc, Wyeth. (Attachments: #1 Exhibit Exhibits 1 - 3 to Motion to Compel#2 Text of Proposed Order)(Maloney, Collin)
August 4, 2004 Filing 151 NOTICE of Disclosure of Interested Persons by Glaxosmithkline Biologicals S A (mpv, )
August 2, 2004 Filing 150 MOTION to Withdraw as Attorney R Jo Reser by Aventis Pasteur Inc. (Attachments: #1 Text of Proposed Order)(mpv, )
July 28, 2004 Filing 149 APPLICATION to Appear Pro Hac Vice by Attorney Tamar P Halpern for Glaxosmithkline and Glaxosmithkline Biologicals S A. (mpv, )
July 28, 2004 Pro Hac Vice Filing fee paid by Tamar P Halpern; Fee: $25, receipt number: 103515 (mpv, )
July 28, 2004 Filing 148 MOTION for Extension of Time to File UNOPPOSED MOTION TO EXTEND TIME TO FILE A RESPONSE TO PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF RELEVANT DOCUMENTS, MOTION TO COMPEL ADEQUATE PRIVILEGE LOGS AND REQUEST FOR IN CAMERA INSPECTION OF DOCUMENTS by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: #1 Text of Proposed Order)(Hill, Jack)
July 27, 2004 Filing 147 APPLICATION to Appear Pro Hac Vice by Attorney Christopher P Gramling for Eli Lilly and Company. (rml, )
July 27, 2004 Filing fee: $ 25.00, receipt number 103514 (rml, )
July 26, 2004 Filing 146 AMENDED NOTICE of Attorney Appearance and request for service of papers of Steve Knowlton by Vera Easter (mpv, )
July 26, 2004 Filing 145 APPLICATION to Appear Pro Hac Vice by Attorney Steve Knowlton for Vera Easter. (mpv, )
July 26, 2004 Filing 144 APPLICATION to Appear Pro Hac Vice by Attorney Joseph B Cox for Vera Easter. (mpv, )
July 26, 2004 Pro Hac Vice Filing fee paid by Joseph B Cox Jr; Fee: $25, receipt number: 103510 (mpv, )
July 26, 2004 Pro Hac Vice Filing fee paid by Steve Knowlton; Fee: $25, receipt number: 103511 (mpv, )
July 23, 2004 Filing 143 MOTION/REQUEST for Hearing re #141 MOTION to Compel by Vera Easter. (Attachments: #1 Text of Proposed Order)(mpv, )
July 23, 2004 Filing 142 NOTICE of Attorney Appearance and Request for Service of Papers for Atty Steve Knowlton by Vera Easter (Steve Knowlton not added due to not being admitted to practice in the Eastern Dist of TX; no PHV application submitted) (mpv, )
July 19, 2004 Filing 140 APPLICATION to Appear Pro Hac Vice by Attorney Marc Weingarten for Vera Easter. (mpv, )
July 19, 2004 Pro Hac Vice Filing fee paid by Marc Weingarten; Fee: $25, receipt number: 103505 (mpv, )
July 19, 2004 Filing 139 NOTICE of Attorney Appearance and request for service of papers for Atty Marc Weingarten by Vera Easter (mpv, )
July 19, 2004 Filing 138 NOTICE of Attorney Appearance and request for service of papers by Michael Williams on behalf of Vera Easter (mpv, )
July 19, 2004 Filing 137 NOTICE of Attorney Appearance and request for service of papers by Tom Powers on behalf of Vera Easter (mpv, )
July 19, 2004 Filing 136 NOTICE of Attorney Appearance and request for service of papers by John Hoosnik Kim on behalf of Vera Easter (mpv, )
July 16, 2004 Filing 141 MOTION to Compel Production of Relevant Documents, Motion to Compel Adequate Privilege Logs and Request for in Camera Inspection of Documents by Vera Easter. (mrm, ) Modified on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ).
July 16, 2004 Filing 134 FILED IN MARSHALL NOTICE of Designation of Dana C. Fox as atty in charge by Vera Easter (sm, )
July 16, 2004 Filing 133 APPLICATION to Appear Pro Hac Vice by Attorney Michael Williams for Vera Easter. (mpv, )
July 16, 2004 Filing 132 APPLICATION to Appear Pro Hac Vice by Attorney Tom Powers for Vera Easter. (mpv, )
July 16, 2004 Pro Hac Vice Filing fee paid by Tom Powers; Fee: $25, receipt number: 102446 (mpv, )
July 16, 2004 Pro Hac Vice Filing fee paid by Michael Williams; Fee: $25, receipt number: 102447 (mpv, )
July 14, 2004 Filing 135 NOTICE (Filed in Marshall) of Attorney Appearance of Joe Cox and request for service of papers by Vera Easter (Unable to add in Atty Joe Cox due to not being admitted to practice in the Eastern Dist of TX, no Pro Hac Vice on file) (mpv, )
June 30, 2004 Filing 131 ANSWER to Third Amended Complaint by Glaxosmithkline.(sm, )
June 30, 2004 Filing 130 ANSWER to Third Amended Complaint by Glaxosmithkline Biologicals S A.(sm, )
June 28, 2004 Filing 129 SUMMONS Returned Executed via certified mail by Vera Easter. Glaxosmithkline Biologicals S A served on 6/7/2004, answer due 6/27/2004. (mpv, )
June 28, 2004 Filing 128 SUMMONS Returned Executed via certified mail by Vera Easter. GDL International Inc served on 6/7/2004, answer due 6/27/2004. (mpv, )
June 25, 2004 Filing 127 ANSWER to Third Amended Complaint by Adventis Pasteur SA.(mpv, )
June 24, 2004 Filing 126 ANSWER and Affirmative Defenses to THIRD Amended Complaint by Aventis Pasteur Inc.(mpv, )
June 21, 2004 Opinion or Order Filing 125 ORDER granting #114 Motion for Leave to File Third Amended Complaint. The Court GRANTS the motion and orders the clerk's office to file Pla's Third Amended Complaint as the current live pleading.. Signed by Judge T. John Ward on 6/18/04. (mpv, )
June 21, 2004 Opinion or Order Filing 124 ORDER withdrawing/finding as moot #109 Motion to Compel, granting #123 Motion to Withdraw . Signed by Judge T. John Ward on 6/18/04. (mpv, ) Modified on 6/21/2004 (mpv, ).
June 14, 2004 Filing 123 MOTION to Withdraw #109 MOTION to Compel by Vera Easter. (Attachments: #1 Text of Proposed Order)(mpv, )
June 14, 2004 Filing 122 ANSWER to THIRD Amended Complaint by Merck & Co Inc.(mpv, )
June 14, 2004 Opinion or Order Filing 121 ORDER finding as moot #39 Motion to Dismiss for Lack of Jurisdiction, granting #94 Motion to Dismiss without prejudice Pla's causes of action against Dft GLAXOSMITHKLINE, SA/NV. IT IS ORDERED by the Court that all of Pla's causes of action against only Dft GLAXOSMITHKLINE, SA/NV hereby is dismissed without rejudice to the refiling of same, with all court costs to be taxed against Pla. . Signed by Judge T. John Ward on 6/9/04. (mpv, )
June 14, 2004 Opinion or Order Filing 120 ORDER granting #93 Motion to Dismiss without prejudice Pla's causes of action against Dfts Johnson & Johnson and Ortho-Clinical Diagnostics. IT IS ORDERED by the Court that all of Pla's causes of action against only Dfts Johnson & Johnson Consumer Companies and Ortho-Clinical Diagnostics hereby are dismissed without prejudice to the refiling of same, with all court costs to be taxed against Pla.. Signed by Judge T. John Ward on 6/9/04. (mpv, )
June 14, 2004 Opinion or Order Filing 119 ORDER granting #95 Motion to Dismiss Pla's causes of action against Dft BAYER Corporation. IT IS ORDERED by the Court that all of Pla's causes of action against only Dft BAYER CORPORATION hereby is dismissed without prejudice to the refiling of same, with all court costs to be taxed against Pla.. Signed by Judge T. John Ward on 6/9/04. (mpv, )
June 14, 2004 Opinion or Order Filing 118 ORDER granting #46 Motion to Substitute Attorney Dana C Fox in this cause as atty of record for Pla and that Melissa C Katz be allowed to withdraw as Pla's atty of record. Attorney Melissa Casey Katz terminated . Signed by Judge T. John Ward on 6/10/04. (mpv, )
June 14, 2004 Opinion or Order Filing 117 ORDER granting #102 Motion to Substitute Attorney Jeffrey A Kurse be substituted as atty-in-charge for Dft Eli Lilly & Co in place of M Scott Michelman in this matter. . Signed by Judge T. John Ward on 6/10/04. (mpv, )
June 10, 2004 Filing 116 ANSWER to THIRD Amended Complaint and JURY DEMAND by Wyeth.(mpv, )
June 10, 2004 Filing 115 ANSWER to SECOND (sic THIRD) Amended Complaint by Eli Lilly and Company.(mpv, )
June 9, 2004 Filing 114 MOTION for Leave to File amended complaint by Vera Easter. (Attachments: #1 Text of Proposed Order)(mpv, )
June 7, 2004 Filing 113 NOTICE of Disclosure by Aventis Pasteur Inc (mrm, )
June 7, 2004 Filing 112 NOTICE of Disclosure by Adventis Pasteur SA (mrm, )
June 4, 2004 Filing 111 MOTION for Protective Order and Memorandum in Support of by Adventis Pasteur SA. (mrm, ) Additional attachment(s) added on 6/9/2004 (mrm, ).
June 2, 2004 Filing 110 RESPONSE to Motion re #105 MOTION to Appoint Guardian Ad Litem ad Litem filed by Glaxosmithkline, Glaxosmithkline Biologicals S A. (sm, )
June 1, 2004 Filing 109 MOTION to Compel deposition testimony of Kenneth Guito by Vera Easter. (Attachments: #1 Text of Proposed Order)(mpv, )
June 1, 2004 Filing 108 APPLICATION to Appear Pro Hac Vice by Attorney Marie S Woodbury for Eli Lilly and Company. (mpv, )
June 1, 2004 Filing 107 APPLICATION to Appear Pro Hac Vice by Attorney Deborah A Moeller for Eli Lilly and Company. (mpv, )
June 1, 2004 Pro Hac Vice Filing fee paid by Deborah A Moeller; Fee: $25, receipt number: 102382 (mpv, )
June 1, 2004 Pro Hac Vice Filing fee paid by Marie S Woodbury; Fee: $25, receipt number: 102381 (mpv, )
May 28, 2004 Filing 106 NOTICE of Disclosure by Vera Easter (mpv, )
May 28, 2004 Filing 105 MOTION to Appoint Guardian ad Litem by Vera Easter. (Attachments: #1 Text of Proposed Order)(mpv, )
May 28, 2004 Filing 104 NOTICE/CERTIFICATE of Interested Parties by Vera Easter (mpv, )
May 28, 2004 Filing 102 UNOPPOSED MOTION to Substitute Attorney Jeffery Kruse in place of M. Scott Michelman as atty in charge by Eli Lilly and Company. (Attachments: #1 Text of Proposed Order)(sm, )
May 27, 2004 Filing 103 THIRD AMENDED COMPLAINT against Glaxosmithkline Biologicals S A, GDL International Inc, Adventis Pasteur SA, Aventis Pasteur Inc, Eli Lilly and Company, Glaxosmithkline, Merck & Co Inc, Wyeth , filed by Vera Easter, Glaxosmithkline Biologicals S A.(mpv, )
May 27, 2004 Summons Issued as to GDL International Inc, Glaxosmithkline Biologicals S A. (mpv, )
May 24, 2004 Filing 101 NOTICE of Initial Disclosure by Wyeth (mpv, )
May 20, 2004 Filing 100 NOTICE of Disclosure by Eli Lilly and Company (mpv, )
May 20, 2004 Filing 99 CORPORATE DISCLOSURE STATEMENT filed by Eli Lilly and Company (mpv, )
May 18, 2004 Opinion or Order Filing 98 ORDER denying #43 Motion for Reconsideration . Signed by Judge T. John Ward on 5/17/04. (mpv, )
May 18, 2004 Opinion or Order Filing 97 ORDER denying #45 Motion for Reconsideration . Signed by Judge T. John Ward on 5/17/04. (mpv, )
May 17, 2004 Filing 96 NOTICE of Designation of C Andrew Waters as Attorney in Charge by Vera Easter (mpv, )
May 17, 2004 Filing 95 MOTION to Dismiss without prejudice Pla's causes of action against Dft Bayer Corporation by Vera Easter. Responses due by 5/27/2004 (Attachments: #1 Text of Proposed Order)(mpv, )
May 14, 2004 Filing 94 MOTION to Dismiss without prejudice Pla's causes of action against Dft Glaxosmithkline, s.a./n.v. by Vera Easter. Responses due by 5/24/2004 (Attachments: #1 Text of Proposed Order)(mpv, )
May 14, 2004 Filing 93 MOTION to Dismiss without prejudice Pla's causes of action against Dfts Johnson & Johnson Consumer Companies and Ortho-Clinical Diagnostics Inc by Vera Easter. Responses due by 5/24/2004 (Attachments: #1 Text of Proposed Order)(mpv, )
May 14, 2004 Filing 92 APPLICATION to Appear Pro Hac Vice by Attorney Scott M Williamson for Adventis Pasteur SA and Aventis Pasteur Inc. (mpv, )
May 14, 2004 Pro Hac Vice Filing fee paid by Scott M Williamson; Fee: $25, receipt number: 102360 (mpv, )
May 13, 2004 Filing 91 NOTICE of Attorney Appearance by Jacob Scott Janoe, Paul Reichert Elliott on behalf of Merck & Co Inc (mpv, )
May 11, 2004 Filing 90 NOTICE of Attorney Appearance by A Paul Miller on behalf of Eli Lilly and Company (mpv, )
May 7, 2004 Filing 89 ACKNOWLEDGEMENT OF RECEIPT on unknown by Wyeth (Atty Michael Klatt as to #83 Scheduling Order. (mpv, )
May 7, 2004 Filing 87 APPLICATION to Appear Pro Hac Vice by Attorney Jeffery A Kruse for Eli Lilly and Company. (rml, )
May 7, 2004 Pro Hac Vice Filing fee paid by Jeffery Kruse; Fee: $25, receipt number: 102350 (rml, )
May 5, 2004 Filing 88 TRANSCRIPT of Proceedings/Scheduling Conference held on 4/20/04 before Judge T. John Ward. Court Reporter: Susan Simmons. (38 pages) (mpv, )
April 29, 2004 Filing 86 ANSWER to Second Amended Complaint by Wyeth.(sm, )
April 29, 2004 Filing 85 ANSWER to Second Amended Complaint by Bayer Corporation.(sm, )
April 29, 2004 Filing 84 ANSWER to Second Amended Complaint by Eli Lilly and Company.(sm, )
April 28, 2004 Opinion or Order Filing 83 SCHEDULING ORDER: Final Pretrial Conference set for 2/24/2005 03:00 PM in Ctrm 106 (Marshall) before Judge T. John Ward. Amended Pleadings due by 11/22/2004. Dft to answer amended pleadings by 12/6/04; Discovery due by 1/31/2005. Pla's Expert Witness List due by 11/8/2004. Dfts' Expert Witness List due by 11/29/04. Pla to Identify trial witnesses by 12/20/2004. Dft to Identify trial witnesses by 1/20/05. Joinder of Parties due by 5/20/2004. Jury instructions due by 2/14/2005 Jury Selection set for 3/7/2005 09:00 AM in Ctrm 319 (Texarkana) before Judge T. John Ward. Mediation Completion due by 2/7/2005. Dispositive and Daubert Motions due by 1/17/2005. Responses to dispositive and Daubert Motions due1/31/05. Motions in limine due 3 days before final Pretrial Conference. Proposed Pretrial Order due by 2/14/2005. Completed juty questionaires to picked up by parties 3/3/05. Status Conference to be held on 2/4/05 at 09:00 AM in Ctrm 106 (Marshall) before Judge T. John Ward. Pretrial disclosures due 1/31/05. Pretrial objections due 2/14/05. Privilege logs to be exchanged by parties 6/20/04. IT IS FURTHER ORDERED that the parties are to meet and confer, not later than 1/10/05, regarding the jury questionaires. The pla shall submit 5 additional questions and the 3 groups of defendants shall submit 5 additional questions each. The questions shall be submitted to the Court electronically in Word Perfect form.. Signed by Judge T. John Ward on 4/27/04. (mpv, )
April 28, 2004 Set/Reset Scheduling Order Deadlines: Status Conference set for 2/4/2005 09:00 AM in Ctrm 106 (Marshall) before Judge T. John Ward. (mpv, )
April 26, 2004 Filing 82 ACKNOWLEDGEMENT OF RECEIPT on 4/19/04 by Wyeth (Atty Michael Klatt) as to #65 Notice of Hearing. (mpv, )
April 23, 2004 Filing 81 ANSWER to Second Amended Complaint and Jury Demand by Ortho-Clinical Diagnostics.(mpv, )
April 23, 2004 Filing 80 ANSWER to Second Amended Complaint and Jury Demand by Johnson & Johnson Consumer Co Inc.(mpv, )
April 22, 2004 Opinion or Order Filing 79 PROTECTIVE ORDER/AGREED CONFIDENTIALITY ORDER. Signed by Judge T. John Ward on 4/20/04. (mpv, )
April 22, 2004 Opinion or Order Filing 78 AMENDED DISCOVERY ORDER . Signed by Judge T. John Ward on 4/21/04. (mpv, )
April 19, 2004 Opinion or Order Filing 77 ORDER granting #59 Motion to Substitute Attorney. Added attorney Dean Danyl Hunt for Bayer Corporation. Attorney Sandra L Phillips terminated . Signed by Judge T. John Ward on 4/15/04. (mpv, )
April 16, 2004 Filing 76 SURREPLY to Response to Motion re #43 MOTION for Reconsideration re #42 Order on Motion to Dismiss, Order on Motion to Stay, filed by Vera Easter. (mpv, )
April 16, 2004 Filing 70 SURREPLY to Response to Motion re #43 MOTION for Reconsideration re #42 Order on Motion to Dismiss, Order on Motion to Stay, filed by Vera Easter. (mpv, )
April 16, 2004 Filing 69 APPLICATION to Appear Pro Hac Vice by Attorney Richard W Mark for Wyeth. (mpv, )
April 16, 2004 Filing 68 APPLICATION to Appear Pro Hac Vice by Attorney Daniel J Thomasch for Wyeth. (mpv, )
April 16, 2004 Filing 67 APPLICATION to Appear Pro Hac Vice by Attorney Lauren J Elliott for Wyeth. (mpv, )
April 16, 2004 Filing 66 NOTICE of Attorney Appearance of Andrew See of Shook, Hardy & Bacon LLP by Eli Lilly and Company (mpv, )
April 16, 2004 Pro Hac Vice Filing fee paid by Richard W Mark; Fee: $25, receipt number: 102317 (mpv, )
April 16, 2004 Pro Hac Vice Filing fee paid by Lauren J Elliot; Fee: $25, receipt number: 102315 (mpv, )
April 16, 2004 Pro Hac Vice Filing fee paid by Daniel J Thomasch; Fee: $25, receipt number: 102316 (mpv, )
April 15, 2004 Filing 75 ANSWER to Second Amended Complaint #71 by Glaxosmithkline.(mpv, )
April 15, 2004 Filing 74 ANSWER to Second Amended Complaint #71 by Merck & Co Inc.(mpv, )
April 15, 2004 Filing 65 NOTICE of Hearing:/SCHEDULING CONFERENCE, PROPOSED DEADLINES FOR DOCKET CONTROL ORDER AND DISCOVERY ORDER Scheduling Conference set for 4/20/2004 01:00 PM in Ctrm 106 (Marshall) before Judge T. John Ward. (mpv, )
April 14, 2004 Filing 73 ANSWER to Second Amended Complaint #71 by Adventis Pasteur SA.(mpv, )
April 14, 2004 Filing 72 ANSWER to Second Amended Complaint #71 by Aventis Pasteur Inc.(mpv, )
April 14, 2004 Filing 64 APPLICATION to Appear Pro Hac Vice by Attorney Andrew See for Eli Lilly and Company. (mpv, )
April 14, 2004 Pro Hac Vice Filing fee paid by Andrew See; Fee: $25, receipt number: 102314 (mpv, )
April 9, 2004 Filing 63 NOTICE of Hearing: Scheduling Conference set for 4/20/2004 at 1:00 PM before Judge T. John Ward in Marshall, TX.(shd, )
April 8, 2004 Filing 62 REPLY to Response to Motion re #45 MOTION for Reconsideration re #42 Order on Motion to Dismiss,,,,,,,,, Order on Motion to Stay,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, filed by Aventis Pasteur Inc. (sm, )
April 7, 2004 Filing 61 REPLY to Response to Motion re #43 MOTION for Reconsideration re #42 Order on Motion to Dismiss,,,,,,,,, Order on Motion to Stay,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, filed by Eli Lilly and Company. (sm, )
April 5, 2004 Filing 71 SECOND AMENDED COMPLAINT against all defendants, filed by Vera Easter.(mpv, )
April 5, 2004 Opinion or Order Filing 60 MEMORANDUM AND OPINION GRANTING No 48 motion to lift stay and thereby lifts the stay of proceedings in this case, GRANTS No. 49 motion for leave to amend complaint, GRANTS No. 50 motion to substitute second amended complaint and GRANTS IN PART and DENIES IN PART No. 47 motion to enlarge time to respond to dft GlaxoSmithKline and consistent therewith the court ORDERS the pla must file their response to GlaxoSmithKline motion to dismis no later than 90 days after entry of this order and must complete all discovery by the end of this 90 day period and FURTHER ORDERS that pla discovery is limited.. Signed by Judge T. John Ward on 4/2/2004. (sm, )
April 1, 2004 Filing 59 MOTION to Substitute Attorney Dean Hunt for Sandra Phillips by Bayer Corporation. (sm, )
March 31, 2004 Filing 58 RESPONSE in Opposition re #45 MOTION for Reconsideration re #42 Order on Motion to Dismiss, Order on Motion to Stay,, #43 MOTION for Reconsideration re #42 Order on Motion to Dismiss, Order on Motion to Stay, filed by Vera Easter. (mpv, )
March 19, 2004 Opinion or Order Filing 57 ORDER granting #53 Motion for Extension of Time to File opposition to Dfts' motions for reconsideration. It is the opinion of this court that Plas' unopposed motion should be Granted. Accordingly, Plas' deadline to file their response to Dfts' motions for reconsideration us 3/31/04. Signed by Judge T. John Ward on 3/15/04. (filed in Marshall Div) (mpv, ) Modified on 3/24/2004 (mpv, ).
March 16, 2004 Filing 56 SUR-REPLY to Response to Motion re #47 MOTION for Extension of Time to File Response/Reply as to #39 Motion to Dismiss/Lack of Jurisdiction filed by Glaxosmithkline. (Filed in Beaumont Div)(mpv, )
March 15, 2004 Filing 55 NOTICE of Attorney Appearance and Designation of Lead Counsel by James Dennis Chambers on behalf of Aventis Pasteur Inc (mpv, )
March 12, 2004 Filing 54 REPLY to Response to Motion re #47 MOTION for Extension of Time to File Response/Reply as to #39 Motion to Dismiss/Lack of Personal Jurisdiction filed by Vera Easter. (mpv, )
March 8, 2004 Filing 53 UNOPPOSED MOTION for Extension of Time to File Plas' opposition to Dfts' motions for reconsideration by Vera Easter. (mpv, )
March 5, 2004 Filing 52 RESPONSE in Opposition re #47 MOTION for Extension of Time to File Response/Reply as to #39 Motion to Dismiss/Lack of Personal Jurisdiction filed by Glaxosmithkline. (mpv, )
March 5, 2004 Filing 51 NOTICE of Designation of Attorney in Charge as Winstol D Carter Jr replacing Jeffrey S Wolf on behalf of Glaxosmithkline (mpv, )
March 4, 2004 Filing 50 MOTION to substitute proposed second amended complaint by Vera Easter. (mpv, )
March 4, 2004 Filing 49 MOTION to Amend/Correct #3 Amended Complaint,and file second amended complaint contained in #48 by Vera Easter. (mpv, )
March 4, 2004 Filing 48 MOTION to lift stay by Vera Easter. (mpv, )
March 4, 2004 Filing 46 MOTION to Substitute Attorney Dana C Fox for Attorney Melissa C. Katz by Vera Easter. (mpv, )
March 3, 2004 Filing 45 MOTION with memorandum in support for Partial Reconsideration re #42 Order on Motion to Dismiss, Order on Motion to stay, by Aventis Pasteur Inc, Glaxosmithkline, Merck & Co Inc, Wyeth. (mpv, )
March 3, 2004 Filing 44 AFFIRMATIVE DEFENSES AND ORIGINAL ANSWER to Amended Complaint by Aventis Pasteur Inc.(mpv, )
March 1, 2004 Filing 47 MOTION for Extension of Time to File Response/Reply as to #39 Motion to Dismiss/Lack of Personal Jurisdiction until 60 days after the court lifts the stay on this case. by Vera Easter. (Filed in Beaumont Div) (mpv, ) Modified on 3/8/2004 (mpv, ).
February 25, 2004 Filing 43 MOTION for Reconsideration re #42 Order on Motion to Dismiss, Order on Motion to Stay, to Reconsider the ruling on Pla's Fifth Cause of action by Eli Lilly and Company. (Attachments: #1 Exhibit A Starts with page 4 of Order dated 2/25/03)(mpv, )
February 11, 2004 Opinion or Order Filing 42 ORDER granting in part and denying in part #8 Motion to Dismiss, granting #8 Motion to Stay, granting in part and denying in part #9 Motion to Dismiss, granting in part and denying in part #10 Motion to Dismiss, granting #10 Motion to Stay, granting in part and denying in part #19 Motion to Dismiss, granting #19 Motion to Stay CONCLUSIONS: Plas' representative claims against the Vaccine Manufacturers are hereby DISMISSED WITHOUT PREJUDICE. With respect to Vera Easter's individual claims against the Vaccine Manufacturers, the Court finds that they are not subject to the Act because she is not qualified to file a petition under the Program. The Court also finds that the Vaccine Court does not have jurisdiction over the Plas' representative and individual claims against the Thimerosal Dft and the Globulin Manufacturers because they are not vaccine manufacturers. Vera Easter's individual claims for loss of consortium and lost wages are DISMISSED WITH PREJUDICE, but her individual claims for loss of services and emotional distress may proceed in this action as well as the Plas' design defect claim against Lilly. The Court hereby ORDERS that all proceedings and discovery relating to the claims in this case be stayed pending the termination of the Vaccine Court proceedings on Minor Pla's claims against the Vaccine Manufacturers. Accordingly, Pla's filing of their response to Dft GlaxoSmithKline's motion to Dismiss for Lack of Personal Jurisdiction [#39] is abated until the Vaccine Court proceedings have terminated. The Court further ORDERS that Plas file a status report with this Court every 60 days from the entry date of this Order, informing the Court of the status of Minor Pla's petition in the Court of Federal Claims. For the foregoing reasons, Bayer's motion to dismiss is GRANTED IN PART and DENIED IN PART, Vaccine Dfts' motion to dismiss is GRANTED IN PART and DENIED IN PART, and Lilly's motion to dismiss is GRANTED IN PART and DENIED IN PART, and Ortho's and J&J's motion to dismiss is GRANTED IN PART and DENIED IN PART.. Signed by Judge T. John Ward on 2/10/04. (mpv, )
January 28, 2004 Filing 41 Corporate Disclosure Statement filed by Aventis Pasteur Inc (mpv)
January 28, 2004 Filing 40 Answer to first amended complaint by Aventis Pasteur Inc (mpv)
January 28, 2004 Filing 39 MOTION by Glaxosmithkline to dismiss for lack of personal jurisdiction (mpv)
January 28, 2004 Magistrate consent forms mailed to Aventis Pasteur Inc (mpv)
December 30, 2003 Opinion or Order Filing 38 ORDER granting [37-1] motion to extend time in which GlaxoSmithkline must answer or otherwise plead to 1/28/04 ( signed by Judge T. J. Ward ) (rml)
December 23, 2003 Filing 37 AGREED MOTION by Vera Easter, Vera Easter to extend time in which GlaxoSmithkline must answer or otherwise plead to 1/28/04 (sm)
December 22, 2003 Filing 36 Notice of Change of Address of Shook, Hardy & Bacon Law firm (Kansas City Office only) by Eli Lilly and Co (sm)
November 18, 2003 Filing 35 Return of service executed via personal service as to Ortho-Clinical 8/13/03 (mpv)
November 18, 2003 Filing 34 Return of service executed via personal service as to Johnson & Johnson 8/13/03 (mpv)
November 18, 2003 Filing 33 Return of service executed via personal service as to Merck & Co Inc 8/13/03 (mpv)
November 18, 2003 Filing 32 Return of service executed via personal service as to Aventis Pasteur Inc 8/13/03 (mpv)
November 18, 2003 Filing 31 Return of service executed via personal service as to Bayer Corporation 8/13/03 (mpv)
November 18, 2003 Filing 30 Return of service executed via certified mail as to Wyeth 8/22/03 (mpv)
November 18, 2003 Filing 29 Return of service executed via certified mail as to Eli Lilly and Co 8/15/03 (mpv)
November 18, 2003 Filing 28 Return of service executed via certified mail as to Glaxosmithkline 8/22/03 (mpv)
November 17, 2003 Filing 27 Application by Johnson & Johnson, Ortho-Clinical for Robert C Tucker to appear PHV (mpv)
November 17, 2003 PHV Filing Fee paid by atty Robert C Tucker; PHV FILING FEE $ 25.00 RECEIPT # 98873 (mpv)
November 14, 2003 Filing 26 Notice of disclosure/Certificate of Interested Parties by Aventis Pasteur Inc (mpv)
October 17, 2003 Filing 25 Notice/Certificate of Interested Parties by Merck & Co Inc (mpv)
October 10, 2003 Filing 24 Reply by Bayer Corporation to response to [8-1] motion to dismiss Plas' first amended complaint (mpv)
October 10, 2003 Filing 23 Corporate Disclosure Statement filed by Johnson & Johnson, Ortho-Clinical (mpv)
October 7, 2003 Filing 22 Response by Vera Easter, Vera Easter to [19-1] motion to dismiss first amended petition, [19-2] motion to stay case (mpv)
October 6, 2003 Filing 21 Corporate Disclosure Statement filed by Wyeth (mpv)
October 6, 2003 Filing 20 Notice of disclosure of Interested Parties by Wyeth (mpv)
September 29, 2003 Filing 19 MOTION with memorandum in support by Johnson & Johnson, Ortho-Clinical to dismiss first amended petition , or in the alternative to stay case (Oral hearing requested) (mpv)
September 26, 2003 Opinion or Order Filing 18 ORDER granting [15-1] motion to extend time to respond to motions to dismiss on or before 9/24/03, Response to motion reset to 9/24/03 for [10-1] motion to dismiss, reset to 9/24/03 for [10-2] motion to stay Certain Parents' claims, reset to 9/24/03 for [9-1] motion to dismiss pursuant to Rule 12(b) and 12(c), reset to 9/24/03 for [8-1] motion to dismiss Plas' first amended complaint, reset to 9/24/03 for [8-2] motion to stay ( signed by Judge T. J. Ward ) cc: pty attys of record 9/26/03 (mpv)
September 25, 2003 Filing 17 COMBINED Response by Vera Easter, Vera Easter to [10-1] motion to dismiss, [9-1] motion to dismiss pursuant to Rule 12(b) and 12(c), [8-1] motion to dismiss Plas' first amended complaint with exhibits (sm)
September 23, 2003 Filing 16 Corporate Disclosure Statement filed by Bayer Corporation (mpv)
September 22, 2003 Filing 15 Unopposed MOTION by Vera Easter, Vera Easter to extend time to respond to motions to dismiss on or before 9/24/03 (mpv)
September 22, 2003 Filing 14 Designation of Counsel filed by defendant Glaxosmithkline: Lead Counsel: Jeffrey S. Wolff ; Of Counsel: Stephanie A Smith; and Charles Jason Rother. (mpv)
September 22, 2003 Filing 13 Notice of disclosure of interested parties by Glaxosmithkline (mpv)
September 16, 2003 Filing 12 Application by Aventis Pasteur Inc for Bradley S Wolff to appear PHV (mpv)
September 16, 2003 Filing 11 Application by Aventis Pasteur Inc for Mary Diane Owens to appear PHV (mpv)
September 16, 2003 PHV Filing Fee paid by atty Mary Diane Owens; PHV FILING FEE $ 25.00 RECEIPT # 98802 (mpv)
September 16, 2003 PHV Filing Fee paid by atty Bradley S Wolff; PHV FILING FEE $ 25.00 RECEIPT # 98802 (mpv)
September 4, 2003 Filing 10 MOTION with memorandum in support by Eli Lilly and Co to dismiss , and alternative to stay Certain Parents' claims (mpv)
September 3, 2003 Magistrate consent forms mailed to Johnson & Johnson (mpv)
September 3, 2003 Magistrate consent forms mailed to Ortho-Clinical (mpv)
September 2, 2003 Filing 9 MOTION with brief in support Exhibits 1-38 (exhibits not scanned) by Aventis Pasteur Inc, Glaxosmithkline, Wyeth (Vaccine Dfts) to dismiss pursuant to Rule 12(b) and 12(c) (mpv)
September 2, 2003 Filing 8 MOTION with brief in support exhibits A-E by Bayer Corporation to dismiss Plas' first amended complaint , and in the alternative to stay (mpv)
September 2, 2003 Filing 7 Corporate Disclosure Statement filed by Aventis Pasteur Inc (mpv)
September 2, 2003 Filing 6 Answer and affirmative defenses to First Amended Complaint by Johnson & Johnson (mpv)
September 2, 2003 Filing 5 Answer and affirmative defenses to first amended complaint by Ortho-Clinical (mpv)
September 2, 2003 Demand for jury trial by Ortho-Clinical (mpv)
September 2, 2003 Demand for jury trial by Johnson & Johnson (mpv)
August 1, 2003 Opinion or Order Filing 4 ORDER Appointing International Process Service ( signed by Judge T. John Ward ) cc: attys of record 8/1/03 (sm)
July 31, 2003 Filing 3 First Amended complaint by Vera Easter, Vera Easter , (Answer due 8/11/03 for Wyeth, for TXU US Holdings Co, for Ortho-Clinical, for Merck & Co Inc, for Johnson & Johnson, for Glaxosmithkline, for Eli Lilly and Co, for Dow Chemical Co, for Dow Agrosciences LLC, for Bayer Corporation, for Aventis Pasteur Inc ) amending [1-1] complaint (sm)
July 31, 2003 Summons(es) issued for Aventis Pasteur Inc, Glaxosmithkline (sm)
July 2, 2003 Opinion or Order Filing 2 Order of recusal. ( signed by Judge David Folsom ) cc: pty attys of record 7/2/03 (mpv)
July 2, 2003 Case reassigned to Judge T. John Ward (mpv)
July 1, 2003 Magistrate consent forms mailed to Vera Easter (mpv)
June 30, 2003 Summons(es) issued for Aventis Pasteur Inc, Bayer Corporation, Dow Agrosciences LLC, Dow Chemical Co, Eli Lilly and Co, Glaxosmithkline, Johnson & Johnson, Merck & Co Inc, Ortho-Clinical, TXU US Holdings Co, Wyeth (mpv)
June 30, 2003 Filing 1 Original Complaint filed. Cause: 28:1332 Diversity-Product Liability (mpv)
June 30, 2003 Filing Fee Paid; FILING FEE $ 150.00 RECEIPT # 98694 (mpv)
June 30, 2003 Demand for jury trial by Vera Easter (mpv)

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Search for this case: Easter, et al v. Aventis Pasteur Inc, et al
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Plaintiff: Vera Easter
Represented By: Dana Casselli Fox
Represented By: Jonathan Smith-George
Represented By: Charles Cary Patterson
Represented By: Charles S Siegel
Represented By: Charles Andrew Waters
Represented By: Edward Lewis Hohn
Represented By: Harold Wayne Nix
Represented By: John Hooshik Kim
Represented By: Joseph B Cox, Jr
Represented By: Marc Weingarten
Represented By: Melissa Casey Katz
Represented By: Michael Williams
Represented By: Peter Andrew Kraus
Represented By: Steve Knowlton
Represented By: Tom Powers
Represented By: Melissa Richards Smith
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Defendant: Aventis Pasteur Inc
Represented By: James Dennis Chambers
Represented By: Bradley Steven Wolff
Represented By: Mary Diane Owens
Represented By: Rebecca Jo Reser
Represented By: Regina Marie Rodriguez
Represented By: Russell O Stewart
Represented By: Scott Marshall Williamson
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Defendant: Bayer Corporation
Represented By: Dean Danyl Hunt
Represented By: Sandra L Phillips
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Defendant: Dow Agrosciences LLC
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Defendant: Dow Chemical Company The
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Defendant: Eli Lilly and Company
Represented By: James Dennis Chambers
Represented By: Andrew See
Represented By: A Paul Miller
Represented By: Christopher P Gramling
Represented By: David L Boman
Represented By: Deborah A Moeller
Represented By: Jeffery A Kruse
Represented By: Karen A Read
Represented By: M Scott Michelman
Represented By: Marie S Woodbury
Represented By: Gene M Williams
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Defendant: Glaxosmithkline
Represented By: Charles Jason Rother
Represented By: Collin Michael Maloney
Represented By: Jack Wesley Hill
Represented By: Jeffrey Stephen Wolff
Represented By: Otis W Carroll, Jr
Represented By: Stephanie Ann Smith
Represented By: Tamar P Halpern
Represented By: Winstol D Carter, Jr
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Defendant: Johnson & Johnson Consumer Co Inc
Represented By: Don Wade Cloud, Jr
Represented By: Robert C Tucker
Represented By: William Dixon Wiles
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Defendant: Merck & Co Inc
Represented By: James Dennis Chambers
Represented By: Richard L Josephson
Represented By: Jacob Scott Janoe
Represented By: Paul Reichert Elliott
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Defendant: Ortho-Clinical Diagnostics
Represented By: Don Wade Cloud, Jr
Represented By: Robert C Tucker
Represented By: William Dixon Wiles
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Defendant: TXU US Holdings Co
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Defendant: Wyeth
Represented By: James Dennis Chambers
Represented By: Daniel J Thomasch
Represented By: Joseph Evall
Represented By: Lauren J Elliot
Represented By: Michael R Klatt
Represented By: Richard W. Mark
Represented By: Susan E Burnett
Represented By: James N Haltom
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Defendant: Adventis Pasteur SA
Represented By: James Dennis Chambers
Represented By: Mary Diane Owens
Represented By: Scott Marshall Williamson
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Defendant: Glaxosmithkline Biologicals S A
Represented By: James Dennis Chambers
Represented By: Charles Jason Rother
Represented By: Collin Michael Maloney
Represented By: Jack Wesley Hill
Represented By: Tamar P Halpern
Represented By: Winstol D Carter, Jr
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Defendant: GDL International Inc
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