Brown v. Bayer Healthcare Pharmaceuticals, Inc et al
| New York Southern District Court | |
| Judge: | Paul A Engelmayer |
| Referred: | James L Cott |
| Case #: | 1:17-cv-05546 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1332pi Diversity-Personal Injury |
| Case Filed: | Jul 20, 2017 |
| Terminated: | Jun 21, 2019 |
| Last checked: Tuesday Jan 16, 2018 3:27 AM EST |
|
Defendant
Bayer Healthcare Pharmaceuticals, Inc
|
|
|
Defendant
Bayer OY
|
|
|
Defendant
Bayer Pharma AG
|
|
|
Plaintiff
Chandra Brown
|
Represented By
|
| Docket last updated: 04/17/2024 11:59 PM EDT |
| Friday, June 21, 2019 | ||
| 38 | 38
order
Judgment - Clerk
Thu 06/27 8:05 AM
CLERK'S JUDGMENT re: (37 in 1:17-cv-05485-PAE-JLC, 37 in 1:17-cv-05546-PAE-JLC, 41 in 1:17-cv-05499-PAE-JLC, 35 in 1:17-cv-05487-PAE-JLC, 36 in 1:17-cv-05489-PAE-JLC, 38 in 1:17-cv-05503-PAE-JLC) Memorandum & Opinion, in favor of Bayer HealthCare Pharmaceuticals, Inc., Bayer Healthcare Pharmaceuticals, Inc, Bayer Healthcare Pharmaceuticals, Inc., Bayer OY, Bayer Pharma AG against Alecia Conner, Chandra Brown, Gloribi Pastor, Kathleen Huerta, Rachael Nikl, Rhonda Pezzullo. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated June 11, 2019, Bayer's motion for summary judgment is granted and all remaining member cases in this MDL are closed. (Signed by Clerk of Court Ruby Krajick on 6/21/2019) (tp) |
|
|
Att: 1
Right to Appeal
|
||
| Tuesday, June 11, 2019 | ||
| 37 | 37
55
pgs
order
Memorandum & Opinion
Tue 06/11 1:16 PM
OPINION & ORDER re: (328 in 1:17-md-02767-PAE-JLC) MOTION for Summary Judgment filed by Bayer Oy, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc. For the reasons stated above, Bayer's motion for summary judgment is granted. The Clerk of Court is respectfully directed to terminate the pending motion (No. 17 MD 2767, Dkt. 328), and to enter judgment in and close all remaining member cases in this MDL. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/11/2019) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al.(anc) |
|
| 36 | 36
55
pgs
order
Memorandum & Opinion
Tue 06/11 8:55 AM
OPINION & ORDER re: (328 in 1:17-md-02767-PAE-JLC) MOTION for Summary Judgment filed by Bayer Oy, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc. For the reasons stated above, Bayer's motion for summary judgment is granted. The Clerk of Court is respectfully directed to terminate the pending motion (No. 17 MD 2767, Dkt. 328), and to enter judgment in and close all remaining member cases in this MDL. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/11/2019) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al.(anc) |
|
| Friday, March 15, 2019 | ||
| 35 | 35
4
pgs
order
Order on Motion to Withdraw as Attorney
Fri 03/15 2:57 PM
ORDER granting (343) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-md-02767-PAE-JLC; granting (134) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02674-PAE-JLC; granting (119) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02694-PAE-JLC; granting (88) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02705-PAE-JLC; granting (82) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02715-PAE-JLC; granting (78) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02718-PAE-JLC; granting (81) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02737-PAE-JLC; granting (76) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02745-PAE-JLC; granting (65) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02812-PAE-JLC; granting (73) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02813-PAE-JLC; granting (70) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02814-PAE-JLC; granting (68) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02816-PAE-JLC; granting (65) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02819-PAE-JLC; granting (65) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02821-PAE-JLC; granting (69) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02826-PAE-JLC; granting (65) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02827-PAE-JLC; granting (58) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02861-PAE-JLC; granting (60) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02865-PAE-JLC; granting (60) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02866-PAE-JLC; granting (60) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02891-PAE-JLC; granting (131) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02900-PAE-JLC; granting (113) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02916-PAE-JLC; granting (62) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02943-PAE-JLC; granting (55) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02945-PAE-JLC; granting (137) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02947-PAE-JLC; granting (57) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02950-PAE-JLC; granting (64) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02952-PAE-JLC; granting (63) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02961-PAE-JLC; granting (63) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02962-PAE-JLC; granting (64) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02992-PAE-JLC; granting (75) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02993-PAE-JLC; granting (57) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-02994-PAE-JLC; granting (56) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03067-PAE-JLC; granting (58) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03068-PAE-JLC; granting (58) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03069-PAE-JLC; granting (54) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03072-PAE-JLC; granting (55) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03074-PAE-JLC; granting (54) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03080-PAE-JLC; granting (55) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03083-PAE-JLC; granting (54) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03084-PAE-JLC; granting (54) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03085-PAE-JLC; granting (56) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03087-PAE-JLC; granting (54) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03088-PAE-JLC; granting (55) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03124-PAE-JLC; granting (192) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03125-PAE-JLC; granting (54) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03143-PAE-JLC; granting (54) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03146-PAE-JLC; granting (56) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03147-PAE-JLC; granting (53) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03216-PAE-JLC; granting (53) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03219-PAE-JLC; granting (84) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03231-PAE-JLC; granting (155) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03233-PAE-JLC; granting (78) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03236-PAE-JLC; granting (99) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03238-PAE-JLC; granting (83) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03240-PAE-JLC; granting (88) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03242-PAE-JLC; granting (76) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03298-PAE-JLC; granting (50) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03334-PAE-JLC; granting (50) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03335-PAE-JLC; granting (45) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03354-PAE-JLC; granting (51) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03390-PAE-JLC; granting (50) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03497-PAE-JLC; granting (50) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-03499-PAE-JLC; granting (56) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-04301-PAE-JLC; granting (45) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-04579-PAE-JLC; granting (45) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-04581-PAE-JLC; granting (45) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-04582-PAE-JLC; granting (45) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-04583-PAE-JLC; granting (45) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-04584-PAE-JLC; granting (45) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-04597-PAE-JLC; granting (41) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-04967-PAE-JLC; granting (42) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-04981-PAE-JLC; granting (35) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-05090-PAE-JLC; granting (35) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-05138-PAE-JLC; granting (41) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-05335-PAE-JLC; granting (41) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-05338-PAE-JLC; granting (41) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-05345-PAE-JLC; granting (35) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-05762-PAE-JLC; granting (35) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-05763-PAE-JLC; granting (77) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-06638-PAE-JLC; granting (29) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-06714-PAE-JLC; granting (31) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-07149-PAE-JLC; granting (28) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-07447-PAE-JLC; granting (28) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-07449-PAE-JLC; granting (25) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-07877-PAE-JLC; granting (23) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-08399-PAE-JLC; granting (25) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-08479-PAE-JLC; granting (25) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-08487-PAE-JLC; granting (23) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-08714-PAE-JLC; granting (22) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-09698-PAE-JLC; granting (20) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:17-cv-10241-PAE-JLC; granting (19) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-00349-PAE-JLC; granting (16) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-02782-PAE-JLC; granting (14) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-02885-PAE-JLC; granting (14) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-03784-PAE-JLC; granting (14) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-03796-PAE-JLC; granting (14) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-03847-PAE-JLC; granting (14) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-03860-PAE-JLC; granting (14) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-04067-PAE-JLC; granting (14) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-04627-PAE-JLC; granting (14) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-04655-PAE-JLC; granting (14) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-04713-PAE-JLC; granting (14) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-04721-PAE-JLC; granting (14) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-04766-PAE-JLC; granting (14) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-04792-PAE-JLC; granting (14) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-04794-PAE-JLC; granting (14) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-04842-PAE-JLC; granting (14) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-04976-PAE-JLC; granting (14) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-05698-PAE-JLC; granting (15) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-06415-PAE-JLC; granting (14) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-06732-PAE-JLC; granting (19) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-07330-PAE-JLC; granting (13) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-07774-PAE-JLC; granting (13) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-08658-PAE-JLC; granting (13) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-08888-PAE-JLC; granting (13) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-08893-PAE-JLC; granting (13) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-08895-PAE-JLC; granting (17) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-08899-PAE-JLC; granting (16) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-08902-PAE-JLC; granting (12) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-09607-PAE-JLC; granting (11) Motion to Withdraw as Attorney. Attorney Christina T. Natale terminated in case 1:18-cv-12373-PAE-JLC. It is hereby ORDERED that Ms. Natale's Motion is GRANTED and she is hereby terminated from these actions. The Clerk is notified to terminate Ms. Natale from all further notices in these actions. So entered this 15th day of March 2019. (Signed by Judge Paul A. Engelmayer on 3/15/2019) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al. (anc) |
|
| Wednesday, October 24, 2018 | ||
| 34 | 34
1
pgs
order
Order
Thu 10/25 10:05 AM
ORDER: The Court directs counsel promptly to meet and confer as to next steps in this multi-district litigation. The Court asks counsel to consider whether, as in the earlier multi-district litigation involving Mirena presided over by Judge Seibel, this case should now proceed to motions for summary judgment limited to the issue of general causation. A joint letter, setting forth the parties' proposal(s) as to next steps, is due Friday, November 9, 2018. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/24/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al.(anc) |
|
| 33 | 33
156
pgs
order
Memorandum & Opinion
Wed 10/24 10:54 AM
OPINION & ORDER re: (134, 136, 138, 141, 143, 145, 147, 149, 151, 153, 155,158, 160, 162, 165, 168, 170, 172, and 175 1:17-md-02767-PAE-JLC) MOTIONS to exclude testimony filed by Bayer Oy, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc. For the foregoing reasons, the Court grants Bayer's motion to exclude the testimony of plaintiffs' seven general-causation witnesses, and denies, as potentially moot, plaintiffs' motions to exclude Bayer's 12 general-causation witnesses. The Clerk of Court is respectfully directed to terminate the motions pending at Dkts. 134, 136, 138, 141, 143, 145, 147, 149, 151, 153, 155, 158, 160, 162, 165, 168, 170, 172, and 175. An order as to next steps in this case will follow shortly. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/24/2018) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al.(anc) Modified on 10/24/2018 (anc) |
|
| Monday, August 06, 2018 | ||
| 32 | 32
motion
Appear Pro Hac Vice
Mon 08/06 12:47 PM
MOTION for Robert J. Binstock to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brianna Smith.Filed In Associated Cases: 1:17-md-02767-PAE-JLC et al.(Binstock, Robert) |
|
|
Att: 1
Affidavit,
|
||
|
Att: 2
Text of Proposed Order,
|
||
|
Att: 3
Supreme Court of Texas- Certificate of Good Standing,
|
||
|
Att: 4
Texas State Bar- Certificate of Good Standing
|
||
| Friday, March 30, 2018 | ||
| 31 | 31
3
pgs
order
Order
Mon 04/02 12:02 PM
ORDER: On April 9, 2018, the Court will hold "Science Day" to provide the Court with an overview of the medical, scientific, and epidemiological issues associated with the Mirena intrauterine device and intracranial hypertension in an objective format without advocacy. As previously reviewed with counsel, the Court intends Science Day to proceed in the following manner: as set forth herein. The Court has allotted the full day of April 9, 2018 for Science Day. Proceedings will begin at 9 a.m. and will include an hour-long break for lunch, and comfort breaks in the mid-morning and mid-afternoon. Court will adjourn by 5 p.m. For the parties' planning purposes, each side is allocated at least two hours in which to present. Plaintiffs will present first, and defendants will present second. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/30/2018) Filed In Associated Cases: 1:17-md-02767-PAE-JLC et al.(ama) |
|
| 30 | 30
1
pgs
order
Order ~Util - Set Deadlines/Hearings
Mon 04/02 11:37 AM
ORDER: Argument on the parties' Daubert motions is scheduled for April 10 and 11 and, if necessary, April 12, 2018. Argument each day will begin at 9 a.m. There will be an hour-long lunch break. The Court expects to adjourn each day at 5 p.m. On March 23, 2018, the parties proposed a sequence as to the topics to be covered at argument. See Dkt. 151. The Court hereby approves that proposed sequence. The Court does not, however, adopt the rigid allocation of 30 minutes time for argument as to each expert, as individual experts may merit more or less time. For avoidance of doubt, the Court is persuaded that argument is merited on both sides' Daubert motions-those directed at plaintiffs' experts and those directed at Bayer's experts. While the Court is hopeful that argument will be completed by the end of the day on April 11, 2018, the parties are to continue to reserve April 12, 2018 in the event that additional time is needed. SO ORDERED., ( Oral Argument set for 4/10/2018 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/30/2018) Filed In Associated Cases: 1:17-md-02767-PAE-JLC et al.(ama) |
|
| Wednesday, February 28, 2018 | ||
| 29 | 29
2
pgs
order
Order
Wed 02/28 6:12 PM
ORDER: The Court has reviewed the parties' joint letter (Dkt. 130) setting forth the parties' alternative proposals for the format of the April 9 Science Day proceedings. The Court's views are as follows: The Court does not wish to hear from counsel on Science Day. The purpose of Science Day is to educate the Court about scientific and medical matters, to assist the Court in understanding the science of medicine relevant to this overall case. The Court instead wishes to hear expert presentations, i.e., by physician(s) and/or scientist(s). The Court envisions that such presentations would each take the form of an expert tutorial/lecture as to background scientific questions, supported by a Power Point and/or other demonstrative visuals; and as further set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/28/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al.(anc) |
|
| 28 | 28
1
pgs
order
Order on Motion to Dismiss
Wed 02/28 5:10 PM
ORDER with respect to (129) Motion to Dismiss in case 1:17-md-02767-PAE-JLC. The Court has received Bayer's motion to dismiss without prejudice for failure to submit a plaintiff fact sheet. See Dkt. 129. Pursuant to CMO 12 VI, paragraph 18, there is no action for the Court to take at this time. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/28/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al. (anc) |
|
| Tuesday, February 20, 2018 | ||
| 27 | 27
2
pgs
order
Order ~Util - Set Hearings
Tue 02/20 10:11 AM
ORDER: The Court sets a new conference on Friday, March 9, 2018 at 2:30 p.m. to discuss this plan and in particular to hear from counsel as to, inter alia, the manner in which the Science Day primer is to be conducted. The Court asks counsel to meet and confer promptly in the hope of developing jointly a plan to present a neutral primer on the relevant points. The next conference in this case, presently scheduled for Monday, February 26, 2018-which the Court had intended to use for this purpose but which can no longer so serve given that the parties opening briefs will now be filed after that date-will remain on the calendar for the time being, in the event counsel have issues to take up. The parties are to notify the Court by noon Wednesday, February 21, 2018 if they believe the conference is no longer necessary. SO ORDERED. (Status Conference set for 3/9/2018 at 02:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/20/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al.(anc) |
|
| Wednesday, January 17, 2018 | ||
| 26 | 26
order
Memo Endorsement ~Util - Set Hearings
Wed 01/17 5:02 PM
MEMO ENDORSEMENT on re: (120 in 1:17-md-02767-PAE-JLC) Letter filed by Bayer Oy, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc. ENDORSEMENT: Granted. The Court adjourns the case management conference to February 26, 2018 at 1:30 p.m. SO ORDERED. (Case Management Conference set for 2/26/2018 at 01:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 1/17/2018)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al.(anc) |
|
| Tuesday, December 12, 2017 | ||
| 25 | 25
2
pgs
order
Order ~Util - Set Hearings
Tue 12/12 3:11 PM
ORDER: The Court has received the parties' joint letter of yesterday (Dkt. 61) proposing to adjourn the status conference scheduled for December 18, 2017, because there are no issues for the Court to resolve. The Court adjourns this conference, and commends counsel on productively working together. The Court schedules a next status conference for Friday, January 26, 2018, at 1 p.m., to be used to resolve any issues that have by then arisen, and as further set forth in this order. (Status Conference set for 1/26/2018 at 1:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 12/12/2017) Filed In Associated Cases: 1:17-md-02767-PAE-JLC et al. and 17mc2767 (ap) |
|
| Monday, November 27, 2017 | ||
| 24 | 24
1
pgs
order
Order ~Util - Set Hearings
Mon 11/27 4:48 PM
ORDER: The conference scheduled for Friday, December 1, 2017 is hereby adjourned. The Court schedules the next conference in this case for Monday, December 18, 2017 at 2:30 p.m. The parties are directed to file, five business days before the next conference, a joint letter informing the Court whether there are any issues ripe for resolution and if so, what the parties' respective positions on those issues are. SO ORDERED. (Status Conference set for 12/18/2017 at 02:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 11/27/2017) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al.(anc) |
|
| Wednesday, November 15, 2017 | ||
| 23 | 23
order
Protective Order
Wed 11/15 4:30 PM
CONFIDENTIALITY AND PROTECTIVE ORDER AS TO THIRD PARTY DISCOVERY...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul A. Engelmayer on 11/15/2017)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al.(anc) |
|
| Tuesday, November 07, 2017 | ||
| 22 | 22
1
pgs
order
Order
Tue 11/07 4:23 PM
ORDER NO. 15: IT IS HEREBY ORDERED that: Order Applicable to All Cases in MDL Proceeding. This Order shall apply to all cases currently pending in MDL No. 2767 and to all related actions that have been or will be originally filed in, transferred to, or removed to this Court and assigned hereto; and as further set forth herein. All other evidentiary objections other than authenticity are preserved. (Signed by Judge Paul A. Engelmayer on 11/7/2017)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al.(anc) |
|
| Monday, October 16, 2017 | ||
| 21 | 21
2
pgs
order
Order ~Util - Set Hearings
Mon 10/16 3:41 PM
ORDER: The Court has received the parties' joint letter of this morning (Dkt. 96) enumerating six topics and various sub-topics to be covered at the status conference scheduled for Wednesday, October 18, 2017. The parties' letter also indicates that on a number of different topics of subtopics, separate letters will be received by the Court from counsel. Counsels' letter does not say when the letters will be submitted. It is clear to the Court that, even if the letters were submitted by 5 p.m. today, the submission of these letters so close to the conference would not give the Court nearly enough time to meaningfully assess the parties' respective positions on the relevant issues, let alone, where practicable, to prepare bench rulings on them. At the risk of stating the obvious, it is unproductive to submit 11th-hour briefs in this manner. The parties are advised that in the future, they are to submit letters outlining positions on discovery and other disputes at least one week in advance of a scheduled conference, so as to permit the conference be maximally effective. The Court accordingly is constrained to adjourn the October 18, 2017 conference until the following week. The Court directs counsel to submit, by close of business Tuesday, October 17, 2017, all letters on the issues noted in counsels' letter of this morning. The Court will hold a status conference Tuesday, October 24, 2017, at 2:30 p.m., to take up the issues listed. Separately, counsels' letter seeks, on page 2, confirmation of counsels' shared understanding that the December 8, 2017 deposition deadline relaters only to depositions relating to the topic of general causation. The Court hereby confirms that understanding and the other understandings set out the same paragraph of counsels' letter. (Status Conference set for 10/24/2017 at 2:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 10/16/2017) Filed In Associated Cases: 1:17-md-02767-PAE-JLC et al. (ap) |
|
| Friday, October 13, 2017 | ||
| 20 | 20
1
pgs
order
Order ~Util - Set Hearings
Fri 10/13 2:04 PM
ORDER: The parties have notified the Court that they intend to submit a letter Monday identifying issues that the parties believe ought to be resolved at the conference scheduled for Wednesday, October 18, 2017. The Court will therefore keep the October 18, 2017 conference in place, pending review of the parties' letter. However, in the light of the very limited advance notice that the parties' Monday letter will give the Court as to the issues to be resolved, the Court notifies the parties that it may prove necessary to adjourn the conference, to enable the Court to adequately prepare for the conference. The Court will make that assessment after reviewing counsels' letter. Separately, the Court directs counsel to be prepared for the October 18, 2017 conference to commence beginning at noon on October 18, 2017, rather than 2 p.m., as previously scheduled. The Court will notify counsel on Monday as to the start time of the conference. SO ORDERED. (Status Conference set for 10/18/2017 at 12:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 10/13/2017)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al.(anc) |
|
| Thursday, October 12, 2017 | ||
| 19 | 19
1
pgs
order
Order
Thu 10/12 12:58 PM
ORDER: A status conference in this case is scheduled for Wednesday, October 18, 2017. The Court is unaware of any open issues requiring its resolution at this time. The Court directs counsel to submit a joint letter due by noon on Monday, October 16, 2017 setting out the anticipated agenda of the conference. In the event that no party perceives a productive purpose for this conference, the Court would then adjourn the conference and schedule a next conference approximately one month later. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/12/2017)***Pursuant to instructions from Chambers, Filed In Member Cases: 1:17-md-02767-PAE-JLC et al.(anc) |
|
| Friday, September 22, 2017 | ||
| 18 | 18
7
pgs
order
Order
Fri 09/22 6:30 PM
ORDER NO. 14 (DEPOSITION PROTOCOL). ORDER RE: PROTOCOL GOVERNING FACT DEPOSITIONS: The parties have agreed upon the following Order governing the taking of depositions. This Order applies to all depositions of fact witnesses taken in cases pending in MDL No. 2767, which shall be noticed and conducted pursuant to the Federal Rules of Civil Procedure and this Order. This Order in its entirety shall be attached to any non-party subpoena or deposition notice. Although this Order governs all depositions noticed or cross-noticed in this MDL, the parties may stipulate to different arrangements. If one party believes that a particular deposition requires an exception from this protocol but the other party does not agree, the parties shall file a joint letter in accordance with the Court's previously described method for resolving discovery disputes; and as further set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/22/2017)***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al.(anc) |
|
| Monday, September 11, 2017 | ||
| 17 | 17
1
pgs
order
Order ~Util - Set Hearings
Mon 09/11 11:57 AM
ORDER re: (83 in 1:17-md-02767-PAE-JLC) Letter, filed by Bayer Oy, Bayer Pharma AG, Bayer Healthcare Pharmaceuticals Inc. The Court adjourns the conference that had been scheduled for Thursday, September 14, 2017 to Wednesday, October 18, 2017 at 2 p.m. The conference will be held in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. SO ORDERED. (Status Conference set for 10/18/2017 at 02:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 9/11/2017)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al.(anc) |
|
| Thursday, September 07, 2017 | ||
| 16 | 16
1
pgs
order
Order
Thu 09/07 3:17 PM
ORDER: The Court directs lead counsel to confer promptly and to notify the Court, by joint letter due at 5 p.m. on Friday, September 8, 2017, whether any party perceives a need for the conference and if so what the agenda for the conference would be. If no party believes the conference would be productive, the Court will adjourn the conference and set a next conference date for later in the autumn. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/7/2017) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al.(anc) |
|
| Wednesday, September 06, 2017 | ||
| 15 | 15
2
pgs
order
Order
Wed 09/06 1:10 PM
ORDER NO. 13: ORDER RESOLVING DISCOVERY DISPUTE: the Court directs that any non-privileged document yielded by application of the search terms that relates to, or mentions, in any way, either (1) Mirena or (2) IIH/PTC (whether by such name(s) or by an associated symptom or symptoms) be coded as relevant and produced. Defendants acknowledge their obligation to produce all such documents; and as further set forth herein. The Court will hold defendants to that commitment and expects the relevant review to occur contemporaneously with the privilege review and to be staffed sufficiently to guard against delay. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/6/2017) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al.(anc) |
|
| Wednesday, August 30, 2017 | ||
| 14 | 14
30+
pgs
order
Order
Wed 08/30 3:49 PM
ORDER NO. 12 granting 32 Letter Motion for Discovery in case 17-mc-2767. ORDER REGARDING COMPLETION OF IH/PTC PLAINTIFF FACT SHEETS. Every Plaintiff is required to complete a Plaintiff Fact Sheet ("PFS"). The PFS includes document requests in Section XII and a variety of authorizations for the release of records. According to the schedule set forth in Part II below, each Plaintiff shall produce to Counsel for Defendants a completed PFS, executed Authorizations for the Release of Records ("Authorizations"), and documents responsive to Section XII of the PFS ("Responsive Documents"); and as further set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/29/2017)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al. (anc) |
|
| 13 | 13
3
pgs
order
Order
Wed 08/30 3:28 PM
ORDER NO. 11:Streamlined Service on Bayer HealthCare Pharmaceuticals Inc.,Bayer Pharma AG, and Bayer Oy. This Order applies to cases brought by a U.S. citizen or resident based on usage or purchase of MIRENA ("Mirena") within the United States in which the claimed injury is consistent with the Judicial Panel on Multidistrict Litigation's April 6, 2017 Transfer Order and (i) currently are pending in this centralized multidistrict litigation ("MDL No. 2767") or (ii) will be filed in, removed to or transferred to this MDL; and as further set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/29/2017) ***Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al.(anc) |
|
| 12 | 12
18
pgs
order
Order on Motion for Discovery
Wed 08/30 3:17 PM
ORDER NO. 10 granting (67) Letter Motion for Discovery in case 1:17-md-02767-PAE-JLC. PROTOCOL FOR DOCUMENT PRODUCTION FORMAT. This Order governs the format of Documents, Data, and/or Tangible things that will be produced in this litigation. This Order does not govern the scope of production of Documents,Data, and/or Tangible things in the Litigation. All parties reserve their rights with respect to the scope of the document production; and as further set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/29/2017)**Pursuant to instructions from Chambers, Filed In All Member Cases: 1:17-md-02767-PAE-JLC et al. (anc) |
|
| Monday, August 14, 2017 | ||
| 11 | 11
order
Order Referring Case to Magistrate Judge
Mon 08/14 9:32 AM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. (Per chambers instructions) (Signed by Judge Paul A. Engelmayer on 06/23/2017) (sjo) |
|
| Monday, July 24, 2017 | ||
|
utility
Case Consolidation - MDL
Mon 08/14 9:12 AM
CONSOLIDATED MDL CASE: Create association to 1:17-md-02767-PAE-JLC. (sjo) |
||
| Friday, July 21, 2017 | ||
| 10 | 10
ELECTRONIC SUMMONS ISSUED as to Bayer Healthcare Pharmaceuticals, Inc. (pc)
|
|
| 9 | 9
ELECTRONIC SUMMONS ISSUED as to Bayer Pharma AG. (pc)
|
|
| 8 | 8
ELECTRONIC SUMMONS ISSUED as to Bayer OY. (pc)
|
|
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pc) | ||
| Case Designated ECF. (pc) | ||
| Case Designated ECF. (pc) | ||
| CASE REFERRED TO Judge Paul A. Engelmayer as possibly related to 17md2767. (pc) | ||
| Thursday, July 20, 2017 | ||
| 6 | 6
REQUEST FOR ISSUANCE OF SUMMONS as to Bayer Pharma AG, re:1 Complaint. Document filed by Chandra Brown. (Lamacchia, Leslie)
|
|
| 5 | 5
REQUEST FOR ISSUANCE OF SUMMONS as to Bayer Oy, re:1 Complaint. Document filed by Chandra Brown. (Lamacchia, Leslie)
|
|
| 4 | 4
REQUEST FOR ISSUANCE OF SUMMONS as to Bayer Healthcare Pharmaceuticals, Inc., re:1 Complaint. Document filed by Chandra Brown. (Lamacchia, Leslie)
|
|
| 3 | 3
STATEMENT OF RELATEDNESS re: that this action be filed as related to 17-md-2767. Document filed by Chandra Brown.(Lamacchia, Leslie)
|
|
| 2 | 2
CIVIL COVER SHEET filed. (Lamacchia, Leslie)
|
|
| 1 | 1
COMPLAINT against Bayer Healthcare Pharmaceuticals, Inc, Bayer OY, Bayer Pharma AG. (Filing Fee $ 400.00, Receipt Number 0208-13923567)Document filed by Chandra Brown.(Lamacchia, Leslie)
|
|