Blasius v. Bayer Healthcare Pharmauceuticals, Inc. et al
| Courtney C. Blasius |
| Bayer Healthcare LLC, Bayer AG, Bayer Schering Pharma AG, Berlex Laboratories, Inc., Berlex, Inc., Bayer Corporation, Bayer Pharmaceuticals Corporation and Bayer Healthcare Pharmaceuticals Inc. |
| 5:2018cv00223 |
| December 12, 2018 |
| US District Court for the District of Vermont |
| Geoffrey W Crawford |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on December 12, 2018. A more recent docket listing may be available from PACER.
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| Filing 52 CASE TRANSFERRED in from District of Illinois Southern; Case Number 3:10-cv-10797. |
Filing 51
ORDER TRANSFERRING CASE TO OTHER DISTRICT pursuant to 28 U.S.C. Section 1404(a): Case transferred to United States District Court for the District of Vermont. The Clerk of Court is DIRECTED to transmit the complete file in this case to the Clerk of the United States District Court for the District of Vermont. Signed by Judge David R. Herndon on 12/7/2018. (Attachments: Joint Remand and Transfer Memorandum).(ceh) [Transferred from Illinois Southern on 12/12/2018.]
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| Filing 50 Memorandum to Transferee Court from Transferor Court containing case-specific details to help aid in transfer. (ceh) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 49 REPLY to Response to Motion re #26 MOTION to Exclude - Bayer's Daubert Motion to Exclude Dr. Wojciech Mazur's Expert Opinions - Bayer's Response to Plaintiffs' Supplemental Response to Defendants' Motion to Exclude Dr. Wojciech Mazur's Expert Opinions filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharmaceuticals Corporation. (Attachments: #1 Exhibit 16 - Salem 2018 Article, #2 Exhibit 17 - Solomon Supplemental Report, #3 Exhibit 18 - Mazur Deposition Excerpts, #4 Exhibit 19 - Mazur Addendum, #5 Exhibit 20 - FDA Webpage)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 48 REPLY to Response to Motion re #23 MOTION for Summary Judgment - Bayer's Response to Plaintiffs' Supplemental Response in Opposition to Defendants' Motion for Summary Judgment filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Schering Pharma AG. (Attachments: #1 Exhibit 26 - Salem 2018 Article, #2 Exhibit 27 - Salem 2017 Article, #3 Exhibit 28 Mazur Deposition Excerpts, #4 Exhibit 29 - Mazur Addendum, #5 Exhibit 30 - Solomon Supplemental Report)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.] |
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Filing 47
CASE MANAGEMENT ORDER NO. 85 - Order Disbanding the Plaintiffs' Steering Committee. Signed by Judge David R. Herndon on 11/20/2018. (arf) [Transferred from Illinois Southern on 12/12/2018.]
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| Filing 46 RESPONSE in Opposition re #23 MOTION for Summary Judgment Plaintiffs' Supplemental Response in Opposition to Defendants' Motion for Summary Judgment filed by Courtney C. Blasius. (Attachments: #1 Exhibit 1 Salem 2018, #2 Exhibit 2 Mazur Addendum)(Abaray, Janet) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 45 RESPONSE in Opposition re #26 MOTION to Exclude - Bayer's Daubert Motion to Exclude Dr. Wojciech Mazur's Expert Opinions Plaintiff's Supplemental Response In Opposition To Defendants' Motion To Exclude Dr. Wojciech Mazur's Expert Opinions filed by Courtney C. Blasius. (Attachments: #1 Exhibit 1 Salem 2018, #2 Exhibit 2 Mazur Addendum, #3 Exhibit 3 Sedlak 2013, #4 Exhibit 4 11.7.18 Mazur Dep Tr, #5 Exhibit 5 Solomon Supp Report, #6 Exhibit 6 E14 Guidance For Industry, #7 Exhibit 7 6.16.17 Mazur Dep Tr Excerpts)(Abaray, Janet) [Transferred from Illinois Southern on 12/12/2018.] |
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Filing 44
ORDER granting #43 Motion for Order to Amend CMO 83 Deadlines. See Order for details. Signed by Judge David R. Herndon on 10/27/2018. (ceh) [Transferred from Illinois Southern on 12/12/2018.]
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| Filing 43 MOTION for Order toJoint Motion to Modify CMO 83 Deadline by Courtney C. Blasius. (Abaray, Janet) [Transferred from Illinois Southern on 12/12/2018.] |
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Filing 42
ORDER granting #41 Motion for Order to Amend CMO 83 deadlines. See Order establishing new deadlines concerning supplemental reports/motions. Signed by Judge David R. Herndon on 9/19/2018. (ceh) [Transferred from Illinois Southern on 12/12/2018.]
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| Filing 41 MOTION for Order to - Defendants' Motion to Modify CMO 83 Deadlines by Bayer Healthcare Pharmaceuticals, Inc., Bayer Schering Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.] |
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Filing 40
ORDER granting #38 Plaintiffs' Motion for Leave to Supplement Their Opposition to (1) Defendants' Motions to Exclude the Expert Opinion of Dr. Wojciech Mazur; and (2) Defendants' Motions for Summary Judgment. Pursuant to SDIL Local Rule 7.1(c), the Court finds that the supplemental expert report of Dr. Mazur is appropriately submitted based on a change in facts after the filing of the parties' briefs. Defendants' opposition falls to the weight and credibility of the expert and does not necessitate the need to prevent the supplemental report. Accordingly, plaintiffs are permitted to supplement the record with Dr. Mazur's supplemental report describing a topical August 2018 study. To the extent defendants request the relief laid out in the conclusion of their #39 opposition, the Court directs defendants to file a motion offering an appropriate scheduling order by 9/18/2018. Signed by Judge David R. Herndon on 9/6/2018. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/12/2018.]
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| Filing 39 SEALED RESPONSE to Motion re #38 MOTION for Leave to File Plaintiffs' Motion For Leave to Supplement Their Opposition to (1)Defendants' Motions to Exclude the Expert Opinion of Dr. Wojciech Mazur and (2) Defendants' Motions For Summary Judgment filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Schering Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 38 MOTION for Leave to File Plaintiffs' Motion For Leave to Supplement Their Opposition to (1)Defendants' Motions to Exclude the Expert Opinion of Dr. Wojciech Mazur and (2) Defendants' Motions For Summary Judgment by Courtney C. Blasius. (Attachments: #1 Exhibit A - Dr. Mazur Report of August 2018, #2 Exhibit B - Salem 2018 Study)(Abaray, Janet) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 37 REPLY to Response to Motion re #23 MOTION for Summary Judgment - Bayer's Reply Memoradum in Support of Its Motion for Summary Judgment filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Schering Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 36 Sealed Document. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9)(Tregre, Calvin) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 35 RESPONSE in Opposition re #23 MOTION for Summary Judgment Plaintiffs' Response in Opposition to Defendants' Motion for Summary Judgment filed by Courtney C. Blasius. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Filed Under Seal, #5 Exhibit 5 - Filed Under Seal, #6 Exhibit 6 - Filed Under Seal, #7 Exhibit 7 - Filed Under Seal, #8 Exhibit 8 - Filed Under Seal, #9 Exhibit 9 - Filed Under Seal)(Tregre, Calvin) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 34 Sealed Document. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10)(Tregre, Calvin) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 33 RESPONSE in Opposition re #26 MOTION to Exclude - Bayer's Daubert Motion to Exclude Dr. Wojciech Mazur's Expert Opinions Plaintiffs' Response In Opposition To Defendants' Motion To Exclude Dr. Wojciech Mazur's Expert Opinions filed by Courtney C. Blasius. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Filed Under Seal, #5 Exhibit 5 - Filed Under Seal, #6 Exhibit 6 - Filed Under Seal, #7 Exhibit 7 - Filed Under Seal, #8 Exhibit 8 - Filed Under Seal, #9 Exhibit 9 - Filed Under Seal, #10 Exhibit 10 - Filed Under Seal)(Tregre, Calvin) [Transferred from Illinois Southern on 12/12/2018.] |
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Filing 32
ORDER granting #31 Unopposed Motion to Modify CMO 83 deadlines. Plaintiffs have up to and including January 26, 2018 to file their responses to pending dispositive and Daubert motions. Signed by Judge David R. Herndon on 1/22/2018. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/12/2018.]
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| Filing 31 MOTION to Amend/Correct 22 Order on Motion for Order, Unopposed Motion to Modify CMO 83 Deadlines by Courtney C. Blasius. (Tregre, Calvin) [Transferred from Illinois Southern on 12/12/2018.] |
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Filing 30
ORDER granting #29 Motion to Amend/Correct. Plaintiff's responses to dispostive and Daubert motions due on or before January 22, 2018. Signed by Judge David R. Herndon on 1/12/2018. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/12/2018.]
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| Filing 29 MOTION to Amend/Correct 22 Order on Motion for Order, Unopposed Motion to Modify CMO 83 Deadlines by Courtney C. Blasius. (Tregre, Calvin) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 28 Sealed Document. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 27 MEMORANDUM in Support re #26 MOTION to Exclude - Bayer's Daubert Motion to Exclude Dr. Wojciech Mazur's Expert Opinions filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Schering Pharma AG. (Attachments: #1 Exhibit 1 - Mazur 02-21-17 Report (Blasius), #2 Exhibit 2 - Sealed, #3 Exhibit 3 - Sedlak 2013, #4 Exhibit 4 - Mazur Deposition, #5 Exhibit 5 - Gossett Reports, #6 Exhibit 6 - Mazur 04-06-17 Rebuttal Report (Blasius), #7 Exhibit 7 - Mazur 04-06-17 Rebuttal Report (Evans), #8 Exhibit 8 - Guidance E14, #9 Exhibit 9 - Davis Reports, #10 Exhibit 10 - Whiting Letter, #11 Exhibit 11 - Dinger 2007, #12 Exhibit 12 - PSUR 16 2013, #13 Exhibit 13 - Oct 19 2017 Tregre Letter, #14 Exhibit 14 - Nov 9 2017 Tregre Letter, #15 Exhibit 15 - Mazur CV_Redacted)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 26 MOTION to Exclude - Bayer's Daubert Motion to Exclude Dr. Wojciech Mazur's Expert Opinions by Bayer Healthcare Pharmaceuticals, Inc., Bayer Schering Pharma AG. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 25 Sealed Document. (Attachments: #1 Exhibit 2 - Sealed, #2 Exhibit 3 - Sealed, #3 Exhibit 4 - Sealed, #4 Exhibit 5 - Sealed, #5 Exhibit 7 - Sealed, #6 Exhibit 8 - Sealed, #7 Exhibit 10 - Sealed, #8 Exhibit 12 - Sealed, #9 Exhibit 13 - Sealed, #10 Exhibit 16 - Sealed)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 24 MEMORANDUM in Support re #23 MOTION for Summary Judgment filed by Bayer Healthcare Pharmaceuticals, Inc., Bayer Schering Pharma AG. (Attachments: #1 Exhibit 1 - Sealed, #2 Exhibit 2 - Sealed, #3 Exhibit 3 - Sealed, #4 Exhibit 4 - Sealed, #5 Exhibit 5 - Sealed, #6 Exhibit 6 - Gossett Reports, #7 Exhibit 7 - Sealed, #8 Exhibit 8 - Sealed, #9 Exhibit 9 - Solomon Reports, #10 Exhibit 10 - Sealed, #11 Exhibit 11 - Evans Deposition, #12 Exhibit 12 - Sealed, #13 Exhibit 13 - Sealed, #14 Exhibit 14 - Mazur Deposition, #15 Exhibit 15 - Mazur 02-21-17 Report (Blasius), #16 Exhibit 16 - Sealed, #17 Exhibit 17 - Mazur 04-06-17 Rebuttal Report (Blasius), #18 Exhibit 18 - Mazur 04-06-17 Rebuttal Report (Evans), #19 Exhibit 19 - Sedlak 2013, #20 Exhibit 20 - Guidance E14, #21 Exhibit 21 - Dinger 2007, #22 Exhibit 22 - Yasmin Approval Letter, #23 Exhibit 23 - Gossett Deposition, #24 Exhibit 24 - Eltabbakh Deposition, #25 Exhibit 25 - DelRosario Deposition)(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 23 MOTION for Summary Judgment by Bayer Healthcare Pharmaceuticals, Inc., Bayer Schering Pharma AG. Responses due by 1/19/2018 (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.] |
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Filing 22
ORDER granting #21 Joint Motion to Modify CMO 83 Deadlines. The Court hereby adopts the proposed amended briefing schedule contained in document #21 . Signed by Judge David R. Herndon on 11/13/2017. (ceh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 12/12/2018.]
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| Filing 21 MOTION for Order to - Joint Motion to Modify CMO 83 Deadlines by Bayer Healthcare Pharmaceuticals, Inc.. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.] |
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Filing 20
ORDER granting #19 Motion for Order to Modify CMO 83 Deadlines. The Court hereby adopts the scheduling order contained within. Signed by Judge David R. Herndon on 9/5/2017. (ceh) [Transferred from Illinois Southern on 12/12/2018.]
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| Filing 19 MOTION for Order to - Unopposed Motion to Modify CMO 83 Deadlines by Bayer Healthcare Pharmaceuticals, Inc.. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.] |
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Filing 18
ORDER granting #17 Motion for Order to Modify CMO 83 Deadlines. The deadlines contained herein are adopted by the Court extending current due dates for concluding depositions and filing dispositive motions. Signed by Judge David R. Herndon on 7/17/2017. (ceh) [Transferred from Illinois Southern on 12/12/2018.]
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| Filing 17 Joint MOTION for Order to - Joint Motion to Modify CMO 83 Deadlines by Bayer Healthcare Pharmaceuticals, Inc.. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.] |
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Filing 16
ORDER granting #15 Joint Motion to Modify CMO 83 Deadlines. The Court adopts the extended deadlines set forth in the parties' jointly agreed upon stipulation. Signed by Judge David R. Herndon on 5/1/2017. (ceh) [Transferred from Illinois Southern on 12/12/2018.]
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| Filing 15 Joint MOTION for Order to - Joint Motion to Modify CMO 83 Deadlines by Bayer Healthcare Pharmaceuticals, Inc.. (Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.] |
| ***Set/Clear Flags (Herndon, David) [Transferred from Illinois Southern on 12/12/2018.] |
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Filing 14
ORDER granting #13 Motion to Amend/Correct. Signed by Judge David R. Herndon on 1/23/2017. (dsw) [Transferred from Illinois Southern on 12/12/2018.]
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| Filing 13 MOTION to Amend/Correct PLAINTIFFS' UNOPPOSED MOTION TO MODIFY CMO 83 DEADLINES by Courtney C. Blasius. (Tregre, Calvin) [Transferred from Illinois Southern on 12/12/2018.] |
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Filing 12
ORDER Regarding CMO 83 Dispute. Signed by Judge David R. Herndon on 11/23/2016. (Attachments: #1 Exhibit Defense Letter Brief, #2 Exhibit Plaintiff Letter Brief)(dsw) [Transferred from Illinois Southern on 12/12/2018.]
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| Filing 11 NOTICE of Appearance by Janet G. Abaray on behalf of Courtney C. Blasius (Abaray, Janet) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 10 NOTICE of Appearance by David C. Harman on behalf of Courtney C. Blasius (Harman, David) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 9 NOTICE of Appearance by Calvin S. Tregre, Jr on behalf of Courtney C. Blasius (Tregre, Calvin) [Transferred from Illinois Southern on 12/12/2018.] |
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Filing 8
CASE MANAGEMENT ORDER NUMBER 60, Settlement Agreement and Deadlines - Gallbladder Injuries. Signed by Chief Judge David R. Herndon on 3/15/2013. (Attachments: #1 Exhibit A (Signed Settlement Agreement), #2 Exhibit B (Notice of Intent to Opt Out Form - Appendix B-1), #3 Exhibit C (Notice of Intent to Opt In Form - Appendix B-2), #4 Exhibit D (Declaration - Appendix G))(dsw) [Transferred from Illinois Southern on 12/12/2018.]
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| Filing 7 ANSWER to #2 Complaint, and Additional Defenses by Bayer Schering Pharma AG.(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 6 ANSWER to #2 Complaint, and Additional Defenses by Bayer Healthcare Pharmaceuticals, Inc..(Lueckenhoff, Terry) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 5 AFFIDAVIT of Service by Courtney C. Blasius. (Attachments: #1 Exhibit 1)(Lanham, Samuel) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 4 AFFIDAVIT of Service by Courtney C. Blasius. (Attachments: #1 Exhibit 1)(Lanham, Samuel) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 3 Summons Issued as to Bayer Healthcare Pharmauceuticals, Inc., Bayer Schering Pharma AG. (drb) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 2 COMPLAINT against Bayer AG, Bayer Corporation, Bayer Healthcare Pharmauceuticals, Inc., Bayer Healthcare, LLC, Bayer Pharmaceuticals Corporation, Bayer Schering Pharma AG, Berlex Laboratories Inc., Berlex, Inc. ( Filing fee $ 350 receipt number 0754-1112127.), filed by Courtney C. Blasius. (Attachments: #1 Exhibit 1)(Lanham, Samuel) [Transferred from Illinois Southern on 12/12/2018.] |
| Filing 1 Case Opened. Documents may now be electronically filed. Case number 10-10797-DRH-PMF must be placed on all documents prior to filing them electronically. (drb) [Transferred from Illinois Southern on 12/12/2018.] |
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