Fortuna et al v. Allergan, Inc.
Plaintiff: Michael Fortuna and Susan Fortuna
Defendant: Allergan, Inc.
Not Classified By Court: ENE Evaluator
Case Number: 2:2015cv00077
Filed: April 9, 2015
Court: US District Court for the District of Vermont
Office: Burlington Office
County: Chittenden
Presiding Judge: William K Sessions
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
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Docket Report

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

Date Filed Document Text
November 13, 2015 Opinion or Order Filing 53 JOINT STIPULATION AND ORDER of Dismissal with prejudice. Signed by Judge William K. Sessions III on 11/13/2015. (jam)
November 13, 2015 Filing 52 JOINT STIPULATION of Dismissal with Prejudice by Allergan, Inc., Michael Fortuna, Susan Fortuna (Derringer, Steven) Filers added on 11/13/2015 (jlh).
November 9, 2015 Opinion or Order Filing 51 ORDER OF APPROVAL re #44 MOTION to Approve Wrongful Death Settlement Under 14 V.S.A. 1492(c). Signed by Judge William K. Sessions III on 11/9/2015. (jam)
November 9, 2015 Filing 50 MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Motion Hearing held on 11/9/2015 re #44 MOTION to Approve Wrongful Death Settlement. Ray Chester, Esq. & Leo Bisson, Esq. present for pltfs; Christopher Landgraff, Esq. & Steven Derringer, Esq. present for dft. Court makes inquiries. Statements by counsel & Michael Fortuna. ORDERED: granting #44 MOTION to Approve Wrongful Death Settlement Under 14 V.S.A. 1492(c). Court executes Order of Approval. (Court Reporter: JoAnn Q. Carson, Capitol Court Reporters, Inc.) (jam)
November 9, 2015 Filing 49 NOTICE OF DOCKET ENTRY CORRECTION re: #48 Proposed Order filed by Susan Fortuna, Michael Fortuna, Allergan, Inc. The Proposed Order has been replaced to correct the spelling of the judge's name. The corrected document is now attached to #48 . (law)
November 6, 2015 Filing 48 PROPOSED ORDER of Approval for Distribution of Settlement Proceeds Under 14 V.S.A. 1492(c) re #44 MOTION to Approve Wrongful Death Settlement Under 14 V.S.A. 1492(c) filed by Allergan, Inc., Michael Fortuna, Susan Fortuna. (Attachments: #1 Settlement Agreement and Release)(jam) Filers added on 11/9/2015 (jlh). (Main Document 48 replaced on 11/9/2015) (law).
November 4, 2015 Filing 47 NOTICE of Hearing re: #44 MOTION to Approve Wrongful Death Settlement Under 14 V.S.A. 1492(c). Motion Hearing set for 11/9/2015 03:00 PM in Burlington Courtroom 110 before Judge William K. Sessions III.(jam)
October 27, 2015 Filing 46 NOTICE OF DOCKET ENTRY CORRECTION re: 45 Order. This order was meant to only rule upon #42 Joint Motion to File Under Seal Settlement Statement and #43 Joint Motion to File Under Seal Settlement Agreement. The #44 Unopposed Motion to Approve Wrongful Death Settlement Under 14 V.S.A. 1492(c) remains pending before the court at this time. (law)
October 27, 2015 Opinion or Order Filing 45 ORDER granting #42 Joint Motion to File Under Seal Settlement Statement; granting #43 Joint Motion to File Under Seal Settlement Agreement. Signed by Judge William K. Sessions III on 10/27/2015. (This is a text-only Order.) (eae) Text clarified, link removed on 10/27/2015 (law).
October 26, 2015 Filing 44 UNOPPOSED MOTION to Approve Wrongful Death Settlement Under 14 V.S.A. 1492(c) filed by Allergan, Inc., Michael Fortuna, Susan Fortuna. (Attachments: #1 Certificate of Service)(law)
October 26, 2015 Filing 43 JOINT MOTION to File Under Seal Settlement Agreement and Release filed by Allergan, Inc., Michael Fortuna, Susan Fortuna. (Attachments: #1 Certificate of Service) (image is sealed) (law)
October 26, 2015 Filing 42 JOINT MOTION to File Under Seal Settlement Statement filed by Allergan, Inc., Michael Fortuna, Susan Fortuna. (Attachments: #1 Certificate of Service) (image is sealed) (law)
September 29, 2015 Filing 41 TRANSCRIPT of Telephone Conference held on 9/15/15 before Judge Sessions. Court Reporter/Transcriber JoAnn Carson, Capitol Court Reporters, Inc., telephone number 802-863-6067. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/23/2015. Redacted Transcript Deadline set for 11/2/2015. Release of Transcript Restriction set for 12/31/2015. (jam)
September 15, 2015 Filing 40 MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Telephone Conference in conjunction with case 2:13-cv-234 held on 9/15/2015. Ray Chester, Esq. present via telephone for pltfs; Christopher Landgraff, Esq. & Matthew Byrne, Esq. present via telephone for dfts. Resolution discussed. Once case 2:13-cv-234 is remanded from 2nd Circuit and this Court has jurisdiction, ptys may submit settlement documents under seal for Court's approval and a hearing will be scheduled accordingly. (Court Reporter: JoAnn Carson, Capitol Court Reporters, Inc.) (jam)
September 14, 2015 Filing 39 NOTICE of Hearing: Telephone Conference set for 9/15/2015 03:00 PM in Burlington Courtroom 110 before Judge William K. Sessions III.(jam)
August 25, 2015 Filing 38 CORPORATE DISCLOSURE STATEMENT pursuant to Local Rule 7.1(a) by Allergan, Inc. (Horwitz, Rebecca)
August 25, 2015 Filing 36 REPORT of Early Neutral Evaluation by ENE Evaluator (Attachments: #1 Certificate of Service)(Spink, James)
August 25, 2015 Filing 35 DISCOVERY CERTIFICATE re: First Supplemental Objections and Responses to Interrogatories by Michael Fortuna, Susan Fortuna.(Palvino, Jessica)
August 24, 2015 Filing 34 FIRST AMENDED COMPLAINT against Allergan, Inc. filed by Susan Fortuna, Michael Fortuna.(law)
August 24, 2015 Opinion or Order Filing 33 ORDER granting #30 Consented to Motion for Leave to File First Amended Complaint. Signed by Judge William K. Sessions III on 8/24/2015. (This is a text-only Order.) (eae)
August 21, 2015 Filing 32 DISCOVERY CERTIFICATE - Interrogatories and Request to Produce by Allergan, Inc.(Horwitz, Rebecca)
August 21, 2015 Filing 31 DISCOVERY CERTIFICATE - Interrogatories and Request to Produce to Allergan, Inc. by Michael Fortuna, Susan Fortuna.(Palvino, Jessica)
July 30, 2015 Filing 30 CONSENTED-TO MOTION for Leave to File First Amended Complaint filed by Michael Fortuna, Susan Fortuna. (Attachments: #1 Exhibit A, #2 Exhibit B)(Chester, Ray) Attachment names clarified on 7/31/2015 (jlh).
July 8, 2015 Opinion or Order Filing 29 STIPULATION AND PROTECTIVE ORDER re Confidential and Privileged Information. Signed by Judge William K. Sessions III on 7/8/2015. (jam)
July 8, 2015 Opinion or Order Filing 28 STIPULATED DISCOVERY SCHEDULE/ORDER Discovery due by 2/5/2016. Motions due by 4/1/2016. Early Neutral Evaluation set for 8/25/2015 at 09:00 AM. Ready for Trial by 4/18/2016. Signed by Judge William K. Sessions III on 7/8/2015. (jam)
July 6, 2015 Filing 27 DISCOVERY CERTIFICATE - Response to Request to Produce and Responses to First Set of Interrogatories by Allergan, Inc.(Horwitz, Rebecca)
July 1, 2015 Filing 26 DISCOVERY CERTIFICATE re: Objections and Responses to Interrogatories and Requests for Production by Michael Fortuna, Susan Fortuna.(Chester, Ray)
July 1, 2015 Filing 25 UNOPPOSED MOTION for Protective Order filed by Allergan, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit A)(Horwitz, Rebecca) Attachment names clarified on 7/2/2015 (jlh).
June 5, 2015 Filing 24 DISCOVERY CERTIFICATE - Initial Disclosures by Allergan, Inc..(Derringer, Steven)
June 5, 2015 Filing 23 DISCOVERY CERTIFICATE - Initial Disclosures by Michael Fortuna, Susan Fortuna.(Palvino, Jessica)
May 29, 2015 Filing 22 PROPOSED Stipulated Discovery Schedule/Order by Michael Fortuna, Susan Fortuna. (Attachments: #1 Exhibit A)(Palvino, Jessica)
May 28, 2015 Filing 21 DISCOVERY CERTIFICATE - Interrogatories and Request to Produce by Michael Fortuna, Susan Fortuna.(Palvino, Jessica)
May 28, 2015 Filing 20 LETTER to counsel re: #16 proposed Stipulated Discovery Schedule/Order non-compliance with Local Rule 26(a)(4)(G) and (a)(1). (law)
May 27, 2015 Filing 19 ENE Evaluator James W. Spink, Esq. assigned. (hbc)
May 27, 2015 Filing 18 ENE By Stipulation re: Evaluator Selection by all parties.(Palvino, Jessica)
May 27, 2015 Filing 17 NOTICE OF DOCKET ENTRY CORRECTION re: #16 Proposed Stipulated Discovery Schedule/Order filed by Allergan, Inc. The referenced Exhibit A was not attached at the time of the filing. Exhibit A is now attached to #16 as well as this entry. (jlh)
May 26, 2015 Filing 16 PROPOSED Stipulated Discovery Schedule/Order by Allergan, Inc..(Byrne, Matthew) (Additional attachment(s) added on 5/27/2015: #1 Exhibit A) (jlh).
May 20, 2015 Filing 15 NOTICE of Hearing: Jury Draw set for 4/18/2016 at 09:00 AM in Burlington Courtroom 542 before Judge William K. Sessions III. Jury Trial will commence at the conclusion of the jury draw on 4/18/2016 and continue throughout the week beginning at 9:00 a.m. each day. Trial will continue 4/25/2016 at 09:00 AM and continue through 4/29/2016 at 09:00 AM each day.(jam)
May 18, 2015 Filing 14 MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Telephone Conference held on 5/18/2015. Ray Chester, Esq. & Leo Bisson, Esq. present for plfts via telephone; Steven Derringer, Esq., Chistopher Landgraff, Esq. & Matthew Byrne, Esq. present for dft via telephone. Court makes inquiries. Trial scheduled for 2 to 2 1/2 weeks beginning 4/18/2016. (Court Reporter: Kim Sears, Capitol Court Reporters, Inc.) (jam)
May 13, 2015 Filing 13 ENE LETTER re: Potential Evaluators sent; responses due by 6/1/2015. (hbc)
May 7, 2015 Filing 12 NOTICE of Hearing: Telephone Status Conference set for 5/18/2015 01:00 PM in Burlington Courtroom 542 before Judge William K. Sessions III.(jam)
April 30, 2015 Filing 11 NOTICE OF DOCKET ENTRY CORRECTION re: #9 MOTION for Appearance Pro Hac Vice of ofPhilip S. Beck, Steven E. Derringer, Rebecca T. Horwitz, Christopher D. Landgraff, and Daniel C. Taylor filed by Allergan, Inc. The Certificate of Service was omitted at the time of filing. It is now attached to #9 and this entry. (law)
April 30, 2015 Opinion or Order Filing 10 ORDER granting #9 Motion for Admission Pro Hac Vice of Philip S. Beck, Steven E. Derringer, Rebecca T. Horwitz, Christopher D. Landgraff, and Daniel C. Taylor. Signed by Judge William K. Sessions III on 4/30/2015. (This is a text-only Order.) (eae)
April 29, 2015 Filing 9 MOTION for Appearance Pro Hac Vice of Philip S. Beck, Steven E. Derringer, Rebecca T. Horwitz, Christopher D. Landgraff, and Daniel C. Taylor filed by Allergan, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(law) (Additional attachment(s) added on 4/30/2015: #6 Certificate of Service) (law)
April 24, 2015 Filing 8 CORPORATE DISCLOSURE STATEMENT pursuant to Local Rule 7.1(a) by Allergan, Inc. (Byrne, Matthew)
April 24, 2015 Filing 7 ANSWER to #1 Complaint with Jury Demand by Allergan, Inc..(Byrne, Matthew)
April 13, 2015 Opinion or Order Filing 6 ORDER granting #2 Motion for Admission Pro Hac Vice of Ray Chester; granting #3 Motion for Admission Pro Hac Vice of Andrew Edge; granting #4 Motion for Admission Pro Hac Vice of Jessica Palvino; granting #5 Motion for Admission Pro Hac Vice of Kayla Carrick. Signed by Judge William K. Sessions III on 4/13/2015. (This is a text-only Order.) (eae)
April 9, 2015 Filing 5 MOTION for Appearance Pro Hac Vice of Kayla Carrick filed by Michael Fortuna, Susan Fortuna. (Attachments: #1 Affidavit of Kayla Carrick, #2 Certificate of Good Standing)(law)
April 9, 2015 Filing 4 MOTION for Appearance Pro Hac Vice of Jessica Palvino filed by Michael Fortuna, Susan Fortuna. (Attachments: #1 Affidavit of Jessica Palvino, #2 Certificate of Good Standing)(law)
April 9, 2015 Filing 3 MOTION for Appearance Pro Hac Vice of Andrew Edge filed by Michael Fortuna, Susan Fortuna. (Attachments: #1 Affidavit of Andrew Edge, #2 Certificate of Good Standing)(law)
April 9, 2015 Filing 2 MOTION for Appearance Pro Hac Vice of Ray Chester filed by Michael Fortuna, Susan Fortuna. (Attachments: #1 Affidavit of Ray Chester, #2 Certificate of Good Standing)(law)
April 9, 2015 Filing 1 COMPLAINT against Allergan, Inc. filed by Susan Fortuna, Michael Fortuna. Summonses issued. (Attachments: #1 Civil Cover Sheet)(law)

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Plaintiff: Michael Fortuna
Represented By: Andrew M. Edge, Esq.
Represented By: Jessica B. Palvino, Esq.
Represented By: Kayla Carrick, Esq.
Represented By: Leo A. Bisson, Jr., Esq.
Represented By: Ray C. Chester, Esq.
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Plaintiff: Susan Fortuna
Represented By: Andrew M. Edge, Esq.
Represented By: Jessica B. Palvino, Esq.
Represented By: Kayla Carrick, Esq.
Represented By: Leo A. Bisson, Jr., Esq.
Represented By: Ray C. Chester, Esq.
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Defendant: Allergan, Inc.
Represented By: Christopher D. Landgraff, Esq.
Represented By: Daniel C. Taylor, Esq.
Represented By: Matthew B. Byrne, Esq.
Represented By: Philip S. Beck, Esq.
Represented By: Rebecca T. Horwitz, Esq.
Represented By: Steven E. Derringer, Esq.
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Not classified by court: ENE Evaluator
Represented By: James W. Spink, Esq.
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