| Court: | nysd |
| Docket #: | 1:17-md-02754 |
| Case Name: | In re: Eliquis (Apixaban) Products Liability Litigation |
| PACER case #: | 469210 |
| Date filed: | 2017-02-16 |
| Assigned to: | Judge Denise L. Cote |
| Case Cause: | 28:1332pl Diversity-Product Liability |
| Nature of Suit: | 367 Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Michael Sneed Plaintiff |
Michael A. London Hunter Jay Shkolnik Virginia Eve Anello |
| Janet Sneed Plaintiff |
Michael A. London Hunter Jay Shkolnik Virginia Eve Anello |
| Judy Brooks Plaintiff as Proposed Administratrix of the Estate of Donald Brooks, deceased |
Nicholas Rocco Farnolo Lisa Causey-Streete |
| Judy Brooks Plaintiff |
Nicholas Rocco Farnolo |
| Bambi Karr Plaintiff as Proposed Administratrix of the Estate of MARSHALL KARR, deceased |
Nicholas Rocco Farnolo |
| Bambi Karr Plaintiff as Proposed Administratrix of the Estate of MARSHALL KARR, deceased |
Nicholas Rocco Farnolo |
| Justin Carroll Plaintiff |
Nicholas Rocco Farnolo Hunter Jay Shkolnik |
| Nina Healey Plaintiff individually |
Nicholas Rocco Farnolo |
| Charlie Utts Plaintiff |
Nicholas Rocco Farnolo Hunter Jay Shkolnik |
| Ciara Utts Plaintiff |
Nicholas Rocco Farnolo Hunter Jay Shkolnik |
| Robert Wooten Plaintiff as Proposed Administrator of the Estate of Elda Wooten, deceased |
Nicholas Rocco Farnolo |
| Robert Fisher Plaintiff individually |
Nicholas Rocco Farnolo Hunter Jay Shkolnik |
| Robert Fisher Plaintiff as Proposed Administrator of the Estate of KATHLYN FISHER, deceased |
Nicholas Rocco Farnolo |
| Fred Silva Plaintiff |
Nicholas Rocco Farnolo |
| Sandra Hough Plaintiff as Proposed Administratrix of the Estate of David Hough, deceased |
Nicholas Rocco Farnolo Hunter Jay Shkolnik |
| Mary Jo Hanigan Plaintiff as Executrix of the Estate of Patricia Hannigan, deceased |
Nicholas Rocco Farnolo |
| Mary Jo Hanigan Plaintiff as Executrix of the Estate of Patricia Hannigan, deceased |
Nicholas Rocco Farnolo |
| Patricia Young Plaintiff Individually |
Nicholas Rocco Farnolo |
| Jordana Rhodes Plaintiff |
Nicholas Rocco Farnolo |
| Tyler Rhodes Plaintiff |
Nicholas Rocco Farnolo Hunter Jay Shkolnik |
| Gearldine Byrd Plaintiff As Proposed Administratrix of the Estate of Henry Byrd, deceased |
Nicholas Rocco Farnolo |
| Gearldine Byrd Plaintiff As Proposed Administratrix of the Estate of Henry Byrd, deceased |
Nicholas Rocco Farnolo |
| Daniel Matrazzo Plaintiff Individually as a proposed executor of the estate of Judith Matrazzo |
Nicholas Rocco Farnolo Hunter Jay Shkolnik |
| Angela Martin Plaintiff as Proposed Administratrix of the Estate of PHYLLIS PATRICK, deceased |
Nicholas Rocco Farnolo |
| Angela Martin Plaintiff as Proposed Administratrix of the Estate of PHYLLIS PATRICK, deceased |
Nicholas Rocco Farnolo |
| Shellie Coro Plaintiff |
Nicholas Rocco Farnolo Hunter Jay Shkolnik |
| Patsy Ray Plaintiff by and through Attorney in Fact |
Lisa Causey-Streete Robert L. Salim Tad Thomas |
| Wilma Lewis Plaintiff |
Lisa Causey-Streete Robert L. Salim Tad Thomas |
| Charlene Little Plaintiff |
Michael L Kelly Ruth T. Rizkalla Hunter Jay Shkolnik |
| Michael Little Plaintiff |
Michael L Kelly Ruth T. Rizkalla |
| Bruce Bates Plaintiff |
Allen N. Schwartz Jennifer Kristen Scifo Lisa Causey-Streete Robert L. Salim |
| Leslie Mumford Plaintiff |
Curtis R. Harrington , II Lisa Causey-Streete Robert L. Salim |
| Wright Ward Williams Plaintiff |
Lisa Causey-Streete Robert L. Salim |
| Blanche Malone Plaintiff |
Lisa Causey-Streete Robert L. Salim Tad Thomas |
| Beverly Kaye Graham Orr Plaintiff Executrix of the Estate of Robin Orr and Individually |
Lawrence R. Lassiter Les Weisbrod Michael P. Koskoff Robert Wolf |
| Tommasina Baranksi Plaintiff |
James Edward Hockenberry |
| Kathleen Odum Plaintiff individually, and as Proposed Administratrix of the Estate of Oliver Becker, deceased |
Eric D. Jackstadt Hunter Jay Shkolnik |
| Heike Dessert Plaintiff individually and as Personal Representative of the Estate of Raynald Dessert, deceased |
Brent J McIntosh Jimmy W Bilbo Lisa Causey-Streete |
| Clay Shannon Tidmore Plaintiff on Behalf of the Estate of Trelles Tidmore |
Joseph M. Bruno Melissa Ann DeBarbieris |
| Jamie Tidmore Dey Plaintiff on Behalf of the Estate of Trelles Tidmore |
Joseph M. Bruno Melissa Ann DeBarbieris |
| Lee Tidmore Plaintiff on Behalf of the Estate of Trelles Tidmore |
Joseph M. Bruno Melissa Ann DeBarbieris |
| Robert Sidney Bowers Plaintiff a single man |
Sarah J Showard |
| Margot Baker Plaintiff Individually, and as Successor-In-Interest for the Estate of Eli Baker TERMINATED: 05/24/2017 |
Curtis George Hoke Hunter Jay Shkolnik Lisa Causey-Streete |
| Carolyn Booth Plaintiff TERMINATED: 05/24/2017 |
Curtis George Hoke |
| Kathryn Loffredo Plaintiff Individually, and as Successor-In-Interest for the Estate of Donald Leffredo TERMINATED: 05/24/2017 |
Curtis George Hoke |
| Henry Velleses Plaintiff TERMINATED: 05/24/2017 |
Curtis George Hoke |
| William Mothershed Plaintiff TERMINATED: 05/24/2017 |
Curtis George Hoke |
| Lee Huffman Plaintiff |
Lisa Causey-Streete Robert L. Salim |
| Karen Macaluso Plaintiff Individually and as Personal Representative of the Estate of Josephine Galiano, Deceased |
Lisa Causey-Streete Robert L. Salim |
| Maurice Jackson Plaintiff |
Lisa Causey-Streete Robert L. Salim |
| Patricia Segovia Plaintiff Individually and as Administrator of the Estate of Thomas Segovia, Sr., Deceased |
Bridget Gallagher Morgan James J. Bickerton Lawrence R. Lassiter Les Weisbrod Robert Wolf |
| Arthur Tudela Plaintiff |
David Scott Scalia Douglas Robert Plymate James R. Dugan , II Lanson Leon Bordelon Mekel Smith Alvarez |
| Dixie Walker Plaintiff |
Lisa Causey-Streete Robert L. Salim |
| Charles Walker Plaintiff |
Lisa Causey-Streete Robert L. Salim |
| Jr. Lester L. Baldwin Plaintiff |
Paul D. Rheingold |
| Willie Margaret Yelder Plaintiff Administratrix of the Estate of Arthur Douglas Yelder, Sr. |
Paul D. Rheingold |
| Deborah J Herschell Plaintiff Administratrix of the Estate of Donald B. Herschell |
Paul D. Rheingold |
| Donald B Herschell Plaintiff |
Paul D. Rheingold |
| Bristol-Myers Squibb Defendant |
Aaron Trachtman Goodman Brooke Killian Kim Cara Dyonne Edwards Carol Dan Browning Clarence A. Wilbon E. Paige Sensenbrenner Eliot Taylor Burriss Eric Michael Roberts James Bennett Fox , Jr. John-Anderson L. Meyer Katherine B. W. Insogna Lara E. White Loren H. Brown Mark A Nadeau Matthew Aaron Holian Paul Alston Raymond M. Williams Xenia Nicole Figueroa |
| Pfizer, Inc. Defendant |
Aaron Trachtman Goodman Brooke Killian Kim Cara Dyonne Edwards Carol Dan Browning Clarence A. Wilbon E. Paige Sensenbrenner Eliot Taylor Burriss Eric Michael Roberts James Bennett Fox , Jr. John-Anderson L. Meyer Katherine B. W. Insogna Lara E. White Loren H. Brown Mark A Nadeau Matthew Aaron Holian Paul Alston Raymond M. Williams Xenia Nicole Figueroa |
| McKesson Corporation Defendant a corporation |
Erin M. Bosman Julie Y. Park |
| Does 1-100 Defendant Inclusive |
|
| Patricia Young Plaintiff Individually |
Nicholas Rocco Farnolo |
| Gary Whitaker Plaintiff |
Paul D. Rheingold |
| Roy Griffin Plaintiff |
Paul D. Rheingold |
| Regina G. Griffin Plaintiff |
Paul D. Rheingold |
| Raymond V Goff Plaintiff |
Paul D. Rheingold |
| Carole Goff Plaintiff |
Paul D. Rheingold |
| Geraldine Larson Plaintiff |
Paul D. Rheingold |
| John Russo Plaintiff |
Paul D. Rheingold |
| Debra Russo Plaintiff |
Paul D. Rheingold |
| Nathaniel Watts Plaintiff |
Paul D. Rheingold |
| Jennette Watts Plaintiff |
Paul D. Rheingold |
| Patricia Young Plaintiff Individually |
Nicholas Rocco Farnolo Hunter Jay Shkolnik |
| Robert Gottlieb Plaintiff |
Seth Alan Katz |
| Susan Gottlieb Plaintiff |
Seth Alan Katz |
| Larry Winkles Plaintiff |
Michael A. London Virginia Eve Anello |
| James Collins Plaintiff |
Michael A. London |
| Tina Collins Plaintiff |
Michael A. London |
| James Bradley Plaintiff |
Michael A. London Virginia Eve Anello |
| Catherine B Gibbons Plaintiff as Executrix of the Estate of Margaret D. Strong |
Les Weisbrod |
| Sherry A Seliga Plaintiff |
Les Weisbrod |
| Tom Holcomb Plaintiff |
Michael A. London |
| Elizabeth Holcomb Plaintiff |
Michael A. London |
| Frank Duran Plaintiff TERMINATED: 05/24/2017 |
Kedar Bhasker |
| Mary Schneider Plaintiff an Individual |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Sandra Lauachus Plaintiff individually, and on behalf of |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Burnice Gentry Plaintiff an individual |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Cindy Jackson Plaintiff an individual |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Judy Smith Plaintiff an individual |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| David Hill Plaintiff individually, and on behalf of |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Fred Emery Plaintiff individually, and on behalf of |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Lena LaFleur Plaintiff individually, and on behalf of |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Ronnie Sedberry Plaintiff an individual |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Judy Hayes Plaintiff an individual |
Barrett L. Beasley Helen E Zukin Paul R Kiesel |
| Ozra Lebastchi Plaintiff an individual |
Barrett L. Beasley Helen E Zukin Paul R Kiesel |
| Gabriel Dellutri Plaintiff an individual |
Barrett L. Beasley Helen E Zukin Paul R Kiesel |
| Dolores Williams Plaintiff an individual |
Barrett L. Beasley Helen E Zukin Paul R Kiesel |
| Mariono Aguirre, Sr Plaintiff as successor-in-interest to Manuel Aguirre, deceased |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Mariono Aguirre, Jr Plaintiff as successor-in-interest to Manuel Aguirre, deceased |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| John Barsky Plaintiff an individual |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Nancy Johnson Plaintiff an individual |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Pearl Aldridge Plaintiff an individual |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Rennie Bennett Plaintiff an individual |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Genita Bell Carlisle Plaintiff an individual |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Lisa DesLaurier Plaintiff an individual |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| John Guido Plaintiff an individual |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| George Jury Plaintiff an individual |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Joanne Fazenbaker Plaintiff an individual |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Todd D. Gauthier Plaintiff an individual |
Behram Viraf Parekh Michael L Kelly Ruth T. Rizkalla |
| Ronald Winner Plaintiff |
Behram Viraf Parekh Michael L Kelly Ruth T. Rizkalla |
| William Altare Plaintiff |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Michael Lawson Plaintiff |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Will Degeraty Plaintiff |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Gail Strack Plaintiff |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Omer Henderson Plaintiff |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Barry Moses Plaintiff |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Norma Stuart Plaintiff an individual |
Barrett L. Beasley Helen E Zukin Paul R Kiesel |
| Florence Quarg Plaintiff an individual |
Barrett L. Beasley Helen E Zukin |
| Gladys Hernandez Plaintiff as Successor-in-Interest to Candelaria Moreno, Deceased |
Behram Viraf Parekh Michael Louis Kelly Ruth Thi Rizkalla |
| Patricia Young Plaintiff Individually |
Nicholas Rocco Farnolo Hunter Jay Shkolnik |
| Gayle Ann Silva Plaintiff |
John C. Hope , Jr. |
| Dillie Starwood Plaintiff |
Darrel James Papillion Neil Duane Overholtz Renee Chabert Crasto |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2017-02-16 | 1 | 0 | CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, Hawaii, Illinois, Kentucky, Louisiana, New York, Pennsylvania, Tennessee and Texas, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 2/7/2017) (sjo) (Entered: 02/16/2017) | |||
| 2017-02-17 | 2 | 0 | CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-1) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Arizona, California and Louisiana, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 2/15/2017) (sjo) (Entered: 02/17/2017) | |||
| 2017-03-07 | 3 | 0 | SCHEDULING ORDER.........By Order dated February 7, 2017, the United States Judicial Panel on Multidistrict Litigation (the MDL Panel) transferred the above-captioned action to this Court for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. ยง 1407. It is hereby ORDERED that a conference in In re: Eliquis (Apixaban) Products Liability Litigation, 17md2754, will be held at 3:00 p.m. on March 17 in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York 10007. IT IS FURTHER ORDERED that the defendants shall submit by March 13: a) A proposal for organizing this MDL litigation; b) Their position on whether discovery should proceed in each case in the event a pending motion to dismiss an action filed before this Court is denied; and c) The schedule for such discovery. IT IS FURTHER ORDERED that the plaintiffs counsel shall confer with each other and submit by March 13 -- where possible by joint submission, and where necessary by separate submissions -- a letter addressing: a) Their proposal for organizing this MDL litigation;b) Why each plaintiff should not be required to promptly amend his or her complaint to address any pending motions to dismiss their actions, to respond to court orders granting leave to amend, and to address the reasoning in the Utts Opinion to the extent it is relevant to their causes of action; c) Why each plaintiffs counsel should not be required to promptly gather all relevant medical records for his or her client(s); and d) Their proposed schedule for discovery in the event any case survives a motion to dismiss. (Signed by Judge Denise L. Cote on 3/7/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 03/07/2017) | |||
| 2017-03-13 | 4 | 0 | PRE-CONFERENCE STATEMENT DEFENDANTS BRISTOL-MYERS SQUIBB COMPANY AND PFIZER INC.'S RESPONSE TO SCHEDULING ORDER. Document filed by Bristol-Myers Squibb, Pfizer, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Brown, Loren) (Entered: 03/13/2017) | |||
| 2017-03-13 | 5 | 0 | LETTER addressed to Judge Denise L. Cote from Michael A. London dated March 13, 2017 re: Response to Court's Order dated March 7, 2017. Document filed by Margot Baker, Lester L. Baldwin, Tommasina Baranksi, Bruce Bates, Carolyn Booth, Robert Sidney Bowers, Judy Brooks(as Proposed Administratrix of the Estate of Donald Brooks, deceased), Judy Brooks, Gearldine Byrd, Gearldine Byrd(As Proposed Administratrix of the Estate of Henry Byrd, deceased), Justin Carroll, Shellie Coro, Heike Dessert, Jamie Tidmore Dey, Robert Fisher(individually), Robert Fisher(as Proposed Administrator of the Estate of KATHLYN FISHER, deceased), Mary Jo Hanigan(as Executrix of the Estate of Patricia Hannigan, deceased), Mary Jo Hanigan, Nina Healey, Deborah J Herschell, Donald B Herschell, Sandra Hough, Lee Huffman, Maurice Jackson, Bambi Karr(as Proposed Administratrix of the Estate of MARSHALL KARR, deceased), Bambi Karr, Wilma Lewis, Charlene Little, Michael Little, Kathryn Loffredo, Karen Macaluso, Blanche Malone, Angela Martin(as Proposed Administratrix of the Estate of PHYLLIS PATRICK, deceased), Angela Martin, Daniel Matrazzo, William Mothershed, Leslie Mumford, Kathleen Odum, Beverly Kaye Graham Orr, Patsy Ray, Jordana Rhodes, Tyler Rhodes, Patricia Segovia, Fred Silva, Janet Sneed, Michael Sneed, Clay Shannon Tidmore, Lee Tidmore, Arthur Tudela, Charlie Utts, Ciara Utts, Henry Velleses, Charles Walker, Dixie Walker, Wright Ward Williams, Robert Wooten, Willie Margaret Yelder, Patricia Young. (Attachments: # 1 Exhibit A - Sneed Plaintiffs First Request for Production of Documents, # 2 Exhibit B - Defendants' Objections to Sneed Plaintiffs First Request for Production of Documents, # 3 Exhibit C - Invokana Order Terminating Motions to Dismiss, # 4 Exhibit D - Invokana Direct Filing Order, # 5 Exhibit E - Pradaxa Unified Case Management Plan)(London, Michael) (Entered: 03/13/2017) | |||
| 2017-03-14 | 6 | 0 | ORDER: On March 13, 2017, the parties submitted proposals for organizing this Multidistrict Litigation (MDL). A conference in this matter is scheduled for March 17 at 3:00 p.m....It is hereby ORDERED that by noon on Thursday, March 16, the plaintiffs and defendants shall each respond to the following inquiries where appropriate: 1) Whether the defendants raised preemption in each jurisdiction in which they filed a motion to dismiss a complaint involving Eliquis, and, if not, why? 2) If the motion to dismiss is granted in its entirety in Utts, why will that result not have equal application to each of the other Eliquis MDL cases? 3)Which jurisdictions laws are implicated in the Eliquis MDL and, of these, which have more plaintiff-friendly product liability laws than California? 4) Of the jurisdictions identified in Question #3, should briefing proceed with respect to one or more of these jurisdictions in tandem with the motion to dismiss briefing in Utts? 5)Which jurisdictions laws were implicated in the seventeen Eliquis actions in the Southern District of New York, and in light of this list, why did the plaintiffs agree to proceed with the motion to dismiss in Utts, a case in which California law governs? 6) To what extent are the Pradaxa and Xarelto MDL litigations appropriate models for structuring this MDL, including the defendants proposal to delay discovery until the preemption issue is resolved? 7) Whether a Plaintiffs Steering Committee (PSC) should be appointed and, if so, whether there is agreement amongst plaintiffs as to its membership? (Signed by Judge Denise Cote on 3/14/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(hm) (Entered: 03/14/2017) | |||
| 2017-03-15 | 7 | 0 | LETTER addressed to Judge Denise L. Cote from Erin M. Bosman dated March 15, 2017 re: Request for Telephonic Appearance. Document filed by McKesson Corporation.(Bosman, Erin) (Entered: 03/15/2017) | |||
| 2017-03-16 | 8 | 0 | ENDORSED LETTER addressed to Judge Denise L. Cote from Erin M. Bosman dated March 15, 2017 re: Request for Telephonic Appearance. ENDORSEMENT: Denied. (Signed by Judge Denise L. Cote on 3/16/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 03/16/2017) | |||
| 2017-03-16 | 9 | 0 | PRE-CONFERENCE STATEMENT DEFENDANTS BRISTOL-MYERS SQUIBB COMPANY AND PFIZER INC.'S RESPONSE TO COURT'S MARCH 14, 2017 ORDER. Document filed by Bristol-Myers Squibb, Pfizer, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Brown, Loren) (Entered: 03/16/2017) | |||
| 2017-03-16 | 10 | 0 | LETTER addressed to Judge Denise L. Cote from Michael A. London dated March 16, 2017 re: Response to Court's March 14, 2017 Order. Document filed by Janet Sneed, Michael Sneed. (Attachments: # 1 Exhibit A - Spreadsheet, # 2 Exhibit B - Morcellator Order, # 3 Exhibit C - Invokana Order)(London, Michael) (Entered: 03/16/2017) | |||
| 2017-03-20 | 11 | 0 | CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-3) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Oklahoma, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 3/14/2017) (sjo) (Entered: 03/20/2017) | |||
| 2017-03-20 | 12 | 0 | PROPOSED SCHEDULING ORDER: As set forth at the conference held on March 17, 2017, the following is a proposed schedule that shall govern the further conduct of pretrial proceedings in this litigation: The plaintiffs shall submit their proposal for a Plaintiffs Steering Committee by April 7, 2017. The parties shall submit a proposed protective order by April 14, 2017. The parties shall submit a proposed protocol for conducting electronic discovery by April 14, 2017. The parties shall provide a proposed Plaintiff Fact Sheet by April 14, 2017. The parties shall submit a proposed coordination order for state court litigation by April 28, 2017....The plaintiffs shall provide their medical release forms to the defendants by June 2, 2017. The parties shall submit a proposed discovery schedule to the Court by May 5, 2017. (Signed by Judge Denise L. Cote on 3/17/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 03/20/2017) | |||
| 2017-03-20 | 13 | 0 | SCHEDULING ORDER:O n February 24, 2017, the plaintiffs in Utts v. Bristol-Myers Squibb Co. et al., 16cv5668 (DLC) (Utts) filed a second amended complaint. A renewed motion to dismiss was filed on March 10. It is hereby ORDERED that the plaintiffs in Utts shall serve any opposition to the motion to dismiss by March 31. Defendants reply, if any, shall be served by April 14..... (Signed by Judge Denise L. Cote on 3/17/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 03/20/2017) | |||
| 2017-03-20 | 14 | 0 | LETTER addressed to Judge Denise L. Cote from Michael A. London dated March 20, 2017 re: Interim Liaison Counsel. Document filed by Janet Sneed, Michael Sneed.Filed In Associated Cases: 1:17-md-02754-DLC et al.(London, Michael) (Entered: 03/20/2017) | |||
| 2017-03-21 | 15 | 0 | SCHEDULING ORDER: On February 24, 2017, the plaintiffs in Utts v. Bristol-Myers Squibb Co. et al., 16cv5668 (DLC) (Utts) filed a second amended complaint. A renewed motion to dismiss was filed on March 10 and is scheduled to be fully submitted by April 14. Accordingly, it is hereby ORDERED that any action presently assigned to this Court (except for the Utts action) may file an amended complaint fourteen (14) days after the Court decides the motion to dismiss in Utts. No further amendments of any complaint in any action will be permitted without permission of the Court. IT IS FURTHER ORDERED that any action transferred or reassigned to this Court after the Utts motion to dismiss has been decided shall have fourteen (14) days following arrival on this Courts docket to file an amended complaint. No further amendments of any complaint in any transferred or reassigned action will be permitted without permission of the Court. IT IS FURTHER ORDERED that a transferred action shall have arrived on this Courts docket for purposes of this Order on the date on which the clerk of this court issues a case opening initial assignment notice. IT IS FURTHER ORDERED that a reassigned action shall have arrived on this Courts docket for purposes of this Order on the date on which the clerk of this court issues a notice of case reassignment to this Court. IT IS FURTHER ORDERED that until such time as the Plaintiffs Steering Committee has been established and a permanent liaison counsel appointed, the interim liaison counsel shall distribute to each new plaintiff in this MDL litigation a copy of this Order and any opinions issued in the Utts motion to dismiss. (Signed by Judge Denise L. Cote on 3/21/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 03/21/2017) | |||
| 2017-03-21 | 16 | 0 | ORDER: It is hereby ORDERED that every attorney appearing before this Court in a transferred action in the above-captioned MDL shall submit to the Clerk of Court an E-Filing Registration Form at their earliest convenience. The registration form may be submitted online and is available at: https://pearl.nysd.uscourts.gov/attyregistration.html. The parties should use the above-captioned MDL case number in completing this form. (Signed by Judge Denise L. Cote on 3/21/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 03/21/2017) | |||
| 2017-03-21 | 17 | 0 | ENDORSED LETTER addressed to Judge Denise L. Cote from Michael A. London dated March 20, 2017 re: Interim Liaison Counsel. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 3/21/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 03/21/2017) | |||
| 2017-03-24 | 18 | 0 | NOTICE of Joint Proposed Scheduling Order re: 12 Scheduling Order,,,. Document filed by Janet Sneed, Michael Sneed. (Attachments: # 1 Exhibit - Proposed Scheduling Order with Redlines)(London, Michael) (Entered: 03/24/2017) | |||
| 2017-03-24 | 19 | 0 | SCHEDULING ORDER: The plaintiffs shall submit their proposal for a Plaintiffs Steering Committee by 4/7/2017. The parties shall submit a proposed protective order by 4/14/2017.....The parties shall submit a proposed coordination order for state and federal liitgation by 4/28/2017.....(See Scheduling Order for remaining dates.) (Signed by Judge Denise L. Cote on 3/24/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 03/24/2017) | |||
| 2017-04-03 | 20 | 0 | ENDORSED LETTER addressed to Judge Denise L. Cote from Hunter J. Shkolnik dated March 31, 2017 requesting extension of time until 4/3/2017 for plaintiffs to file their brief in opposition to the Motion to Dismiss the Amended Complaint and defendants' time to reply be extended to 4/18/2017. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/3/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 04/03/2017) | |||
| 2017-04-03 | 21 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 3/17/2017 before Judge Denise L. Cote. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. 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 4/24/2017. Redacted Transcript Deadline set for 5/4/2017. Release of Transcript Restriction set for 7/3/2017.Filed In Associated Cases: 1:17-md-02754-DLC et al.(McGuirk, Kelly) (Entered: 04/03/2017) | |||
| 2017-04-03 | 22 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/17/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:17-md-02754-DLC et al.(McGuirk, Kelly) (Entered: 04/03/2017) | |||
| 2017-04-06 | 23 | 0 | NOTICE OF APPEARANCE by Virginia Eve Anello on behalf of Janet Sneed, Michael Sneed. (Anello, Virginia) (Entered: 04/06/2017) | |||
| 2017-04-07 | 24 | 0 | LETTER addressed to Judge Denise L. Cote from Michael A. London dated April 7, 2017 re: Submission of Proposed Plaintiffs Steering Committee. Document filed by Janet Sneed, Michael Sneed. (Attachments: # 1 Exhibit A - Proposed CMO 1 Regarding Plaintiff Steering Committee, # 2 Exhibit B - PSC Member Biographies)(Anello, Virginia) (Entered: 04/07/2017) | |||
| 24 | 1 | Exhibit A - Proposed CMO 1 Regarding Plaintiff Steering Committee | ||||
| 24 | 2 | Exhibit B - PSC Member Biographies | ||||
| 2017-04-10 | 25 | 0 | CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-5) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Arizona, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 4/6/2017) (sjo) (Entered: 04/10/2017) | |||
| 2017-04-10 | 26 | 0 | CASE MANAGEMENT ORDER #1: A. Order Applicable to All Cases and MDL Proceedings. This order shall apply to all cases currently pending in In Re: Eliquis (Apixaban) Products Liability Litigation, MDL No 2754, and to all related actions that have been will will be orginally filed in, transferred to, or removed to this Court and assign thereto (collectively, "the MDL proceedings"). This order is binding on all parties and their counsel in all cases currently pending or subsequently made part of the MDL proceedings.......i. To provide the 3/21/17 Orders and this Order to any action transferred or reassigned to this Court as part of the Eliquis Products Liability Litigation within 2 days of the transfer or reassignment..... (Signed by Judge Denise L. Cote on 4/10/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 04/10/2017) | 2017-04-11 14:26:53 | ad828bab915f6db8f09c7128ad6d600f6e7e53d6 | |
| 2017-04-13 | 27 | 0 | JOINT LETTER MOTION for Extension of Time to submit proposed Plaintiff Fact Sheet and Defendant Fact Sheet case management orders addressed to Judge Denise L. Cote from Loren H. Brown dated April 13, 2017. Document filed by Bristol-Myers Squibb, Pfizer, Inc.. (Attachments: # 1 Joint Proposed CMO No. 2 (Protective Order), # 2 Joint Proposed CMO No. 3 (Order re Protocol for ESI))(Brown, Loren) (Entered: 04/13/2017) | |||
| 2017-04-14 | 28 | 0 | MEMO ENDORSEMENT granting (27) Letter Motion for a one-week extension of the deadline from 4/14/2017 to 4/21/17 to submit a proposed Plaintiff Fact Sheet and a proposed Defendant Fact Sheet, and case management orders pertaining to those documents. (Signed by Judge Denise L. Cote on 4/14/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al. (gr) (Entered: 04/14/2017) | |||
| 2017-04-14 | 29 | 0 | ENDORSED LETTER addressed to Judge Denise L. Cote rom Cara D. Edwards dated April 14, 2017 re: Request for Leave to File Excess Pages. ENDORSEMENT: Granted. Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 04/14/2017) | |||
| 2017-04-17 | 30 | 0 | CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-6) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Texas, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 4/17/2017) (sjo) (Entered: 04/17/2017) | |||
| 2017-04-17 | 31 | 0 | CASE MANAGEMENT ORDER NO. 2: PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 4/17/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 04/17/2017) | |||
| 2017-04-17 | 32 | 0 | CASE MANAGEMENT ORDER NO. 3: ORDER ESTABLISHING PROTOCOL FOR ELECTRONICALLY STORES INFORMATION ("ESI").... (Signed by Judge Denise L. Cote on 4/17/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 04/17/2017) | 2017-07-27 09:58:19 | b6a10c94108bf4d8c9f398fa0f382ad598690a8a | |
| 2017-04-21 | 33 | 0 | JOINT LETTER MOTION for Extension of Time until April 26, 2017 to Submit PFS and DFS CMOS to Court addressed to Judge Denise L. Cote from Michael A. London dated April 21, 2017. Document filed by Janet Sneed, Michael Sneed.(London, Michael) (Entered: 04/21/2017) | |||
| 2017-04-21 | 34 | 0 | MEMO ENDORSED Letter addressed to Judge Cote from Michael A. London date 4/21/2017 re: Parties' joint request to extend the deadline by which the proposed PFS and DFS orders must be submitted to the Court from 4/21/2017 until 4/26/2017. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/21/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al. (gr) (Entered: 04/21/2017) | |||
| 2017-04-25 | 35 | 0 | LETTER addressed to Judge Denise L. Cote from Loren H. Brown dated April 25, 2017 re: Joint Proposed CMOs No. 4 (Plaintiff Fact Sheets) and No. 5 (Defendant Fact Sheets). Document filed by Bristol-Myers Squibb, Pfizer, Inc.. (Attachments: # 1 Joint Proposed CMO No. 4 (Plaintiff Fact Sheets), # 2 Joint Proposed CMO No. 5 (Defendant Fact Sheets))(Brown, Loren) (Entered: 04/25/2017) | |||
| 2017-04-28 | 36 | 0 | CASE MANAGEMENT ORDER NO. 4: PLAINTIFF FACT SHEETS, RESPONSIVE DOCUMENTS, AND AUTHORIZATIONS... (Signed by Judge Denise L. Cote on 4/28/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 04/28/2017) | |||
| 2017-04-28 | 37 | 0 | CASE MANAGEMENT ORDER NO. 5: DEFENDANT FACT SHEETS... (Signed by Judge Denise L. Cote on 4/28/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 04/28/2017) | |||
| 2017-04-28 | 38 | 0 | JOINT LETTER addressed to Judge Denise L. Cote from Loren H. Brown, Michael A. London dated April 28, 2017 re: Joint Proposed Case Management Order No. 6 (Coordination with State Court Litigation). Document filed by Bristol-Myers Squibb, Pfizer, Inc.. (Attachments: # 1 Joint Proposed CMO No. 6 (Coordination with State Court Litigation))(Brown, Loren) (Entered: 04/28/2017) | |||
| 2017-04-28 | 39 | 0 | LETTER MOTION for Local Rule 37.2 Conference regarding proposed Case Management Order No. 6 addressed to Judge Denise L. Cote from Loren H. Brown dated April 28, 2017. Document filed by Bristol-Myers Squibb, Pfizer, Inc.. (Attachments: # 1 Exhibit 1 (In Re Incretin, Order on Discovery Dispute), # 2 Exhibit 2 (In re Lipitor, CMO No. 4))(Brown, Loren) (Entered: 04/28/2017) | |||
| 2017-04-28 | 40 | 0 | LETTER MOTION for Local Rule 37.2 Conference regarding Proposed Case Management Order No. 6 (Coordination with State Courts) addressed to Judge Denise L. Cote from Hunter J. Shkolnik dated April 28, 2017. Document filed by Judy Brooks(as Proposed Administratrix of the Estate of Donald Brooks, deceased), Gearldine Byrd, Justin Carroll, Shellie Coro, Robert Fisher(individually), Sandra Hough, Bambi Karr, Angela Martin, Daniel Matrazzo, Kathleen Odum, Tyler Rhodes, Janet Sneed, Michael Sneed, Charlie Utts, Ciara Utts, Patricia Young. (Attachments: # 1 Exhibit Exhibit A: WorldCom, Inc. Securities Litigation Discovery Coordination Order)(Shkolnik, Hunter) (Entered: 04/28/2017) | |||
| 2017-05-05 | 41 | 0 | LETTER MOTION for Extension of Time to initiate discovery against Defendant McKesson Corp. addressed to Judge Denise L. Cote from Hunter J. Shkolnik dated May 5, 2017. Document filed by Margot Baker, Charlene Little.(Shkolnik, Hunter) (Entered: 05/05/2017) | |||
| 2017-05-05 | 42 | 0 | MEMO ENDORSEMENT granting granting Co-Liaison Counsel's 5/5/2017 Letter Motion for Extension of Time to initiate discovery. (Signed by Judge Denise L. Cote on 5/5/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al. (gr) (Entered: 05/05/2017) | |||
| 2017-05-08 | 43 | 0 | CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-7) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of New Mexico, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 5/5/2017) (sjo) (Entered: 05/08/2017) | |||
| 2017-05-08 | 44 | 0 | OPINION AND ORDER.......[Regarding 16cv5668 Utts, et al., v. Bristol-Myers Squibb Co., et al.]The defendants March 10, 2017 motion to dismiss the Second Amended Complaint is granted in its entirety. The Clerk of Court shall enter judgment for the defendants. (Signed by Judge Denise L. Cote on 5/8/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 05/08/2017) | |||
| 2017-05-09 | 45 | 0 | SCHEDULING ORDER: As set forth in the March 7, 2017 Order and as discussed on the record at the March 17 conference, it is hereby ORDERED that any action presently assigned to this Court -- excluding the Utts v. Bristol-Myers Squibb Co. & Pfizer Inc., 16cv5668 (DLC) action -- shall have until May 23 to file an amended complaint and to show cause in a memorandum no longer than 20 pages why the amended complaint should not be dismissed based on the analysis in the May 8 Utts Opinion. IT IS FURTHER ORDERED that any future action transferred or reassigned to this Court shall have fourteen days following arrival on this Courts docket to file an amended complaint and to show cause in a memorandum no longer than 20 pages why the amended complaint should not be dismissed based on the analysis in the May 8 Utts Opinion. IT IS FURTHER ORDERED that it is unlikely that the plaintiffs in any of these actions will have a further opportunity to amend. IT IS FURTHER ORDERED that the defendants shall file a reply or replies to the plaintiffs submissions by June 20, at which point the motions to dismiss each action will be considered fully submitted. (Signed by Judge Denise L. Cote on 5/9/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 05/09/2017) | |||
| 2017-05-15 | 46 | 0 | LETTER addressed to Judge Denise L. Cote from Loren H. Brown dated May 15, 2017 re: Filing Answers in MDL Cases. Document filed by Bristol-Myers Squibb, Pfizer, Inc..(Przymusinski, Lucas) (Entered: 05/15/2017) | |||
| 2017-05-17 | 47 | 0 | NOTICE OF APPEARANCE by Lisa Causey-Streete on behalf of Heike Dessert. Filed In Associated Cases: 1:17-md-02754-DLC, 1:17-cv-01368-DLC(Causey-Streete, Lisa) (Entered: 05/17/2017) | |||
| 2017-05-17 | 48 | 0 | NOTICE OF APPEARANCE by Lisa Causey-Streete on behalf of Margot Baker. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:17-md-02754-DLC, 1:17-cv-01443-DLC(Causey-Streete, Lisa) (Entered: 05/17/2017) | |||
| 2017-05-17 | 49 | 0 | NOTICE OF APPEARANCE by Lisa Causey-Streete on behalf of Judy Brooks(as Proposed Administratrix of the Estate of Donald Brooks, deceased), Judy Brooks. Filed In Associated Cases: 1:17-md-02754-DLC, 1:16-cv-04904-DLC(Causey-Streete, Lisa) (Entered: 05/17/2017) | |||
| 2017-05-23 | 50 | 0 | NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, Without prejudice against the defendant(s) All Defendants. Document filed by Kathryn Loffredo, Carolyn Booth, Margot Baker, Henry Velleses, William Mothershed. (Attachments: # 1 Proof of Service)Filed In Associated Cases: 1:17-md-02754-DLC, 1:17-cv-01443-DLC(Causey-Streete, Lisa) (Entered: 05/23/2017) | |||
| 2017-05-24 | 51 | 0 | STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) All Parties and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Frank Duran.(Bhasker, Kedar) (Entered: 05/24/2017) | |||
| 2017-05-31 | 52 | 0 | CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL...(Transfer Order) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 5/30/2017) (sjo) (Entered: 05/31/2017) | |||
| 2017-06-13 | 53 | 0 | CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-8)transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 6/13/2017) (sjo) (Entered: 06/13/2017) | |||
| 2017-06-20 | 54 | 0 | BRIEF re: 45 Order,,,,, Defendants' Omnibus Response to the Court's May 9, 2017 Scheduling Order. Document filed by Bristol-Myers Squibb, Pfizer, Inc.. (Attachments: # 1 Exhibit List, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)(Brown, Loren) (Entered: 06/20/2017) | |||
| 2017-06-26 | 55 | 0 | ORDER......The plaintiffs in the above-captioned cases have failed to timely file an amended complaint or show cause why their complaints should not be dismissed based on the analysis in the May 8 Utts Opinion. Accordingly, it is hereby ORDERED that the above-captioned cases are dismissed with prejudice.IT IS FURTHER ORDERED that the Clerk of Court shall close the above-captioned cases. (Signed by Judge Denise L. Cote on 6/26/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 06/26/2017) | |||
| 2017-07-05 | 56 | 0 | CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-9) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Louisiana, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 6/28/2017) (sjo) (Entered: 07/05/2017) | |||
| 2017-07-10 | 57 | 0 | MEMO ENDORSEMENT GRANTING the law firm of Napoli Shkolnik, PLLC's Notice of Motion to Withdraw as Co-Counsel for the Plaintiff. (Signed by Judge Denise L. Cote on 7/10/2017) Filed In Associated Cases: 1:17-md-02754-DLC, 1:16-cv-04904-DLC(gr) Modified on 7/10/2017 (gr). (Entered: 07/10/2017) | |||
| 2017-07-13 | 58 | 0 | LETTER addressed to Judge Denise L. Cote from Hunter J. Shkolnik dated July 13, 2017 re: Vacate Case Management Order No. 1 and/or disband the Plaintiff's Steering Committee. Document filed by Justin Carroll, Shellie Coro, Robert Fisher(as Proposed Administrator of the Estate of KATHLYN FISHER, deceased), Nina Healey, Bambi Karr, Angela Martin(as Proposed Administratrix of the Estate of PHYLLIS PATRICK, deceased), Daniel Matrazzo, Kathleen Odum, Charlie Utts, Ciara Utts, Robert Wooten.(Shkolnik, Hunter) (Entered: 07/13/2017) | |||
| 2017-07-17 | 59 | 0 | ENDORSED LETTER addressed to Judge Denise L. Cote from Hunter J. Shkolnik dated July 13, 2017 re: Vacate Case Management Order No. 1 and/or disband the Plaintiff's Steering Committee. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 7/17/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 07/17/2017) | |||
| 2017-07-25 | 60 | 0 | BRIEF re: 45 Order,,,,, Defendants' Response to the Court's May 9, 2017 Scheduling Order With Regard to the Silva Case. Document filed by Bristol-Myers Squibb, Pfizer, Inc.. (Attachments: # 1 Exhibit 1 (May 8, 2017 Order), # 2 Exhibit 2 (May 9, 2017 Scheduling Order), # 3 Exhibit 3 (Defendants' Omnibus Response to the Court's May 9, 2017 Scheduling Order))(Brown, Loren) (Entered: 07/25/2017) | |||
| 2017-07-26 | 61 | 0 | LETTER addressed to Ronald Winner from Kirtland & Packard, LLP dated 4/13/2017 re: Potential Eliquis Claim. Filed In Associated Cases: 1:17-md-02754-DLC, 1:17-cv-04216-DLC(gr) (Entered: 07/26/2017) | |||
| 2017-07-26 | 62 | 0 | LETTER addressed to Ronald Winner from Kirtland & Packard, LLP dated 7/14/2017 re: Potential Eliquis Claim. Filed In Associated Cases: 1:17-md-02754-DLC, 1:17-cv-04216-DLC(gr) (Entered: 07/26/2017) | |||
| 2017-07-26 | 63 | 0 | ORDER:On July 25, 2017, the Court received a letter from Mr. Ronald Winner dated July 20 indicating that Mr. Winner did not understand why his case had been dismissed. Attached to Mr. Winners letter were two letters from the law firm of Kirtland & Packard, LLP dated April 13 and July 14.....ORDERED that counsel shall, by August 1, provide Mr. Winner with a copy of this Order, a copy of the May 8 Utts Opinion, and the endorsed Notice of Voluntary Dismissal dated June 12. IT IS FURTHER ORDERED that counsel shall advise the Court by August 2 that it has complied with the terms of this Order. (Signed by Judge Denise L. Cote on 7/26/2017) Filed In Associated Cases: 1:17-md-02754-DLC, 1:17-cv-04216-DLC(gr) (Entered: 07/26/2017) | |||
| 2017-07-26 | 64 | 0 | ORDER........The above-captioned action arrived on this Courts docket on July 5, 2017. The plaintiff in this action has failed to timely file an amended complaint or show cause why her complaint should not be dismissed based on the analysis in the May 8 Utts Opinion. Accordingly, it is hereby ORDERED that the above-captioned case is dismissed with prejudice. IT IS FURTHER ORDERED that the Clerk of Court shall close the above-captioned case. (Signed by Judge Denise L. Cote on 7/26/2017) Filed In Associated Cases: 1:17-md-02754-DLC, 1:17-cv-05023-DLC(gr) (Entered: 07/26/2017) | |||
| 2017-07-26 | 65 | 0 | OPINION AND ORDER: Plaintiff Sheila Fortner (Fortner) brings this product liability lawsuit against defendants Bristol-Myers Squibb Company (BMS) and Pfizer Inc. (Pfizer), alleging that she suffered gastrointestinal bleeding caused by taking Eliquis, a prescription drug manufactured, marketed, and distributed by the defendants. Two previous Opinions addressed Eliquis product liability claims -- Utts v. Bristol-Myers Squibb Co. & Pfizer Inc., 16cv5668 (DLC), 2016 WL 7429449 (S.D.N.Y. Dec. 23, 2016) (Utts I), and Utts v. Bristol-Myers Squibb Co. & Pfizer Inc., 16cv5668 (DLC), 2017 WL 1906875 (S.D.N.Y. May 8, 2017) (Utts II) -- and explained the principles of preemption that govern state law failure to warn and design defect claims against brand name drug manufacturers. The Utts Opinions further addressed whether the Eliquis complaints at issue satisfied the pleading standards of Rules 8(a) and 9(b), Fed. R. Civ. P. Plaintiff in this action was given an opportunity to amend her complaint in light of the analyses in Utts I and Utts II. The plaintiffs amended complaint fails to correct the pleading deficiencies described in Utts I and Utts II, and largely for the reasons set forth in the Utts Opinions, the present action is dismissed with prejudice......The amended complaint is dismissed with prejudice. The Clerk of Court shall enter judgment for the defendants and close this case. (Signed by Judge Denise L. Cote on 7/26/2017) Filed In Associated Cases: 1:17-md-02754-DLC et al.(gr) (Entered: 07/26/2017) | |||
| 2017-07-27 | 66 | 0 | CLERK'S JUDGMENT: That for the reasons stated in the Court's Order dated July 25, 2017, and for the reasons set forth in the Fortner Opinion, that the above-captioned amended complaints are dismissed with prejudice and judgment is entered for the defendants; accordingly, the above-captioned cases are closed. (Signed by Clerk of Court Ruby Krajick on 07/27/2017) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)Filed In Associated Cases: 1:17-md-02754-DLC, 1:17-cv-01286-DLC, 1:17-cv-01454-DLC, 1:17-cv-01460-DLC, 1:17-cv-01537-DLC(dt) (Entered: 07/27/2017) | |||
| 66 | 1 | Notice of Right to Appeal | ||||
| 66 | 2 | Notice of Right to Appeal | ||||
| 2017-07-27 | 67 | 0 | CLERK'S JUDGMENT: That for the reasons stated in the Court's Order dated July 25, 2017, and for the reasons set forth in the Fortner Opinion, that the above-captioned amended complaints are dismissed with prejudice and judgment is entered for the defendants; accordingly, the above-captioned cases are closed. (Signed by Clerk of Court Ruby Krajick on 07/27/2017) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)Filed In Associated Cases: 1:17-md-02754-DLC, 1:17-cv-01218-DLC, 1:17-cv-01219-DLC, 1:17-cv-01285-DLC(dt) (Entered: 07/27/2017) | |||
| 67 | 1 | Notice of Right to Appeal | ||||
| 67 | 2 | Notice of Right to Appeal | ||||
| 2017-07-27 | 68 | 0 | CLERK'S JUDGMENT: That for the reasons stated in the Court's Order dated July 25, 2017, and for the reasons set forth in the Utts II and Fortner Opinions, that the above-captioned complaints are dismissed with prejudice, and judgment is entered for the defendants; accordingly, the above-captioned cases are closed. (Signed by Clerk of Court Ruby Krajick on 07/27/2017) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)Filed In Associated Cases: 1:17-md-02754-DLC, 1:17-cv-01288-DLC, 1:17-cv-03318-DLC, 1:17-cv-03320-DLC(dt) (Entered: 07/27/2017) | |||
| 68 | 1 | Notice of Right to Appeal | ||||
| 68 | 2 | Notice of Right to Appeal |