Kennon v. Bristol-Myers Squibb Company et al
| New York Southern District Court | |
| Judge: | Denise L Cote |
| Case #: | 1:17-cv-07897 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1441pl Petition for Removal- Product Liability |
| Case Filed: | Oct 13, 2017 |
| Terminated: | Nov 28, 2017 |
| Last checked: Wednesday Apr 11, 2018 5:26 AM EDT |
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Defendant
Bristol-Meyers Squibb Co
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Represented By
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Defendant
Pfizer Inc
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Represented By
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Plaintiff
Ruth Kennon
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Represented By
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| Docket last updated: 04/24/2024 11:59 PM EDT |
| Thursday, December 21, 2017 | ||
| 19 | 19
appeal
Notice of Appeal
Thu 12/21 10:47 AM
JOINT NOTICE OF APPEAL from (156 in 1:17-md-02754-DLC) Order,,,. Document filed by Sandra Dehn, Gaylon Murray, Margaret Kay Young, Linda White, Dallas Messer, Madeleine Spann, Barbara Fortenbury, Zackery Fortenbury, Joann Ezell, Jean Kelley, Bobby Dwain Stricklin, Charles Eric Peterson, William Mothershed, Jesse Joel Gomez(Individually, and as Personal Representative of the Estate of Maria T. Gomez, Deceased), Doris Redden(Individually, and as Personal Representative of the Estate of William Redden, Deceased), Carolyn Booth, Johnny Jackson, Judith Musick, Rosie McGriff(Individually, and as Personal Representative of the Estate of Frederick McGriff, Deceased), Henry Velleses, Billy Small, Jr., James Tankersley, Terri Joseph Green, Kathryn Loffredo(individually and as Personal Representative of the ESTATE OF DONALD LOFFREDO, Deceased), Lisa Niessner, Nancy Hooser, Judith Carol Tracy, Margot Baker(Individually), Arturo Diaz, Josie Diaz, Debra Holcomb(Individually), Esther Marie Jones, Ruth Kennon( as Personal Representative of the Estate of JAMES KENNON, Deceased), Annette Parker(Individually), Lisa Stetler. Filing fee $ 505.00, receipt number 0208-14501762. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:17-md-02754-DLC et al.(Causey-Streete, Lisa) |
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Thu 12/21 11:04 AM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (19 in 1:17-cv-07938-DLC, 19 in 1:17-cv-07897-DLC, 18 in 1:17-cv-07869-DLC, 19 in 1:17-cv-07940-DLC, 19 in 1:17-cv-08046-DLC, 19 in 1:17-cv-08073-DLC, 19 in 1:17-cv-08070-DLC, 19 in 1:17-cv-08131-DLC, 19 in 1:17-cv-08093-DLC, 19 in 1:17-cv-08059-DLC, 19 in 1:17-cv-07964-DLC, 160 in 1:17-md-02754-DLC, 19 in 1:17-cv-07968-DLC, 19 in 1:17-cv-08092-DLC, 20 in 1:17-cv-07927-DLC, 19 in 1:17-cv-08048-DLC, 19 in 1:17-cv-08128-DLC, 19 in 1:17-cv-08099-DLC, 19 in 1:17-cv-08091-DLC, 19 in 1:17-cv-07892-DLC, 19 in 1:17-cv-08057-DLC, 19 in 1:17-cv-08133-DLC, 19 in 1:17-cv-07872-DLC, 19 in 1:17-cv-07926-DLC, 19 in 1:17-cv-08144-DLC, 19 in 1:17-cv-07933-DLC, 19 in 1:17-cv-07946-DLC, 19 in 1:17-cv-07970-DLC, 19 in 1:17-cv-08054-DLC, 19 in 1:17-cv-08055-DLC, 19 in 1:17-cv-08060-DLC, 19 in 1:17-cv-08108-DLC, 19 in 1:17-cv-07965-DLC) Notice of Appeal,,,,,. (nd) |
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appeal
Appeal Record Sent to USCA - Electronic File
Thu 12/21 11:08 AM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (19 in 1:17-cv-07938-DLC, 19 in 1:17-cv-07897-DLC, 18 in 1:17-cv-07869-DLC, 19 in 1:17-cv-07940-DLC, 19 in 1:17-cv-08046-DLC, 19 in 1:17-cv-08073-DLC, 19 in 1:17-cv-08070-DLC, 19 in 1:17-cv-08131-DLC, 19 in 1:17-cv-08093-DLC, 19 in 1:17-cv-08059-DLC, 19 in 1:17-cv-07964-DLC, 160 in 1:17-md-02754-DLC, 19 in 1:17-cv-07968-DLC, 19 in 1:17-cv-08092-DLC, 20 in 1:17-cv-07927-DLC, 19 in 1:17-cv-08048-DLC, 19 in 1:17-cv-07929-DLC, 19 in 1:17-cv-08128-DLC, 19 in 1:17-cv-08099-DLC, 19 in 1:17-cv-08091-DLC, 19 in 1:17-cv-07892-DLC, 19 in 1:17-cv-08057-DLC, 19 in 1:17-cv-08133-DLC, 19 in 1:17-cv-07872-DLC, 19 in 1:17-cv-07926-DLC, 19 in 1:17-cv-08144-DLC, 19 in 1:17-cv-07933-DLC, 19 in 1:17-cv-07946-DLC, 19 in 1:17-cv-07970-DLC, 19 in 1:17-cv-08054-DLC, 19 in 1:17-cv-08055-DLC, 19 in 1:17-cv-08060-DLC, 19 in 1:17-cv-08108-DLC, 19 in 1:17-cv-07965-DLC) Joint Notice of Appeal,,,,, filed by Barbara Fortenbury, Lisa Stetler, Madeleine Spann, Terri Joseph Green, Rosie McGriff, Judith Musick, Ruth Kennon, Debra Holcomb, Bobby Dwain Stricklin, Gaylon Murray, Nancy Hooser, Jean Kelley, Charles Eric Peterson, Arturo Diaz, Doris Redden, Annette Parker, Dallas Messer, Sandra Dehn, Lisa Niessner, Joann Ezell, James Tankersley, Zackery Fortenbury, Judith Carol Tracy, Josie Diaz, Margaret Kay Young, Johnny Jackson, Esther Marie Jones, William Mothershed, Henry Velleses, Jesse Joel Gomez, Carolyn Booth, Linda White, Kathryn Loffredo, Billy Small, Jr., Margot Baker were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:17-md-02754-DLC et al.(nd) |
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| Tuesday, November 28, 2017 | ||
| 18 | 18
2
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order
Order
Tue 11/28 9:11 AM
ORDER......The above-captioned cases arrived on this Courts docket between October 13 and October 23. The cases were initially filed in Delaware Superior Court. They were promptly removed to the District of Delaware, which denied motions to remand back to the state court in every case. The cases were then transferred to this Court. The plaintiffs in these actions 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 11/27/2017) (gr) |
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| Friday, October 13, 2017 | ||
| 17 | 17
transfer
Case Transferred In - District Transfer
Fri 10/13 2:56 PM
MDL TRANSFERRED IN from the United States District Court - District of Delaware; Case Number: 1:17-cv-00612. Original file certified copy of transfer order and docket entries received. (sjo) |
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utility
Case Accepted as Related
Fri 10/13 3:16 PM
CASE ACCEPTED AS RELATED. Create association to 1:17-md-02754-DLC. (sjo) |
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utility
Case Consolidation - MDL
Fri 10/13 3:16 PM
CONSOLIDATED MDL CASE: Create association to 1:17-md-02754-DLC. (sjo) |
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utility
Case Designation
Fri 10/13 3:18 PM
Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:http://nysd.uscourts.gov/forms.php] . (sjo) |
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utility
Case Designated ECF
Fri 10/13 3:18 PM
Case Designated ECF. (sjo) |
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misc
Note to Out of State Attorneys
Fri 10/13 3:18 PM
NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
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notice
Case Opening Initial Assignment Notice - Transfer Case
Fri 10/13 3:19 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (sjo) |
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| Thursday, October 05, 2017 | ||
| Case electronically transferred to Southern District of New York. Associated Cases: 1:17-cv-00609-LPS et al. (ntl) [Transferred from Delaware on 10/13/2017.] | ||
| Wednesday, October 04, 2017 | ||
| 16 | 16
TRANSFER ORDER in MDL No. 2754. Associated Cases: 1:17-cv-00609-LPS et al. (ntl) [Transferred from Delaware on 10/13/2017.]
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| Tuesday, June 27, 2017 | ||
| 15 | 15
6
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MEMORANDUM ORDER re (6 in 1:17-cv-00609-LPS) MOTION to Stay is GRANTED; (3 in 1:17-cv-00609-LPS) MOTION to Remand is DENIED; (5 in 1:17-cv-00609-LPS) MOTION to Expedite is DENIED as moot. Signed by Judge Leonard P. Stark on 6/27/17. Associated Cases: 1:17-cv-00609-LPS et al. (ntl) [Transferred from Delaware on 10/13/2017.]
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| Thursday, June 22, 2017 | ||
| 14 | 14
REPLY to Response to Motion re3 MOTION to Remand to State Court filed by Ruth Kennon. (Warner, Raeann) [Transferred from Delaware on 10/13/2017.]
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| Wednesday, June 21, 2017 | ||
| 13 | 13
REPLY BRIEF re6 MOTION to Stay Pending Transfer to MDL No. 2754 filed by Bristol-Meyers Squibb Co., Pfizer Inc.. (Williams, Gregory) [Transferred from Delaware on 10/13/2017.]
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| Friday, June 16, 2017 | ||
| 12 | 12
ANSWERING BRIEF in Opposition re3 MOTION to Remand to State Court filed by Bristol-Meyers Squibb Co., Pfizer Inc..Reply Brief due date per Local Rules is 6/23/2017.(Williams, Gregory) [Transferred from Delaware on 10/13/2017.]
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Att: 1
Proposed Order
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| Wednesday, June 14, 2017 | ||
| 11 | 11
ANSWERING BRIEF in Opposition re6 MOTION to Stay Pending Defendants' Request to Transfer to MDL Court filed by Ruth Kennon.Reply Brief due date per Local Rules is 6/21/2017.(Warner, Raeann) [Transferred from Delaware on 10/13/2017.]
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Att: 1
Exhibit A
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| Monday, June 12, 2017 | ||
| 10 | 10
REPLY to Response to Motion re5 MOTION to Expedite Briefing and Ruling on Motions to Remand filed by Ruth Kennon. (Warner, Raeann) [Transferred from Delaware on 10/13/2017.]
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| Wednesday, June 07, 2017 | ||
| Case Reassigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:17-cv-00609-LPS through 1:17-cv-00641-LPS (rjb) [Transferred from Delaware on 10/13/2017.] | ||
| Monday, June 05, 2017 | ||
| 9 | 9
NOTICE of Clarification/Correction by Bristol-Meyers Squibb Co., Pfizer Inc. re7 Opening Brief in Support, (Williams, Gregory) [Transferred from Delaware on 10/13/2017.]
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| 8 | 8
RESPONSE to Motion re5 MOTION to Expedite Briefing and Ruling on Motions to Remand filed by Bristol-Meyers Squibb Co., Pfizer Inc..(Williams, Gregory) [Transferred from Delaware on 10/13/2017.]
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Att: 1
Proposed Order,
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Att: 2
Certificate of Service
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| Friday, June 02, 2017 | ||
| 7 | 7
OPENING BRIEF in Support re6 MOTION to Stay filed by Bristol-Meyers Squibb Co., Pfizer Inc..Answering Brief/Response due date per Local Rules is 6/16/2017.(Williams, Gregory) [Transferred from Delaware on 10/13/2017.]
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Att: 1
Declaration to Opening Brief in Support of Motion to Stay
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| 6 | 6
MOTION to Stay - filed by Bristol-Meyers Squibb Co., Pfizer Inc..(Williams, Gregory) [Transferred from Delaware on 10/13/2017.]
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Att: 1
Rule 7.1.1 Statement,
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Att: 2
Proposed Order
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| 5 | 5
MOTION to Expedite Briefing and Ruling on Motions to Remand - filed by Ruth Kennon.(Warner, Raeann) [Transferred from Delaware on 10/13/2017.]
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Att: 1
Rule 7.1.1 Statement,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B
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| 4 | 4
OPENING BRIEF in Support re3 MOTION to Remand to State Court filed by Ruth Kennon.Answering Brief/Response due date per Local Rules is 6/16/2017.(Warner, Raeann) [Transferred from Delaware on 10/13/2017.]
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Att: 1
Exhibit A
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| 3 | 3
MOTION to Remand to State Court - filed by Ruth Kennon.(Warner, Raeann) [Transferred from Delaware on 10/13/2017.]
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Att: 1
Rule 7.1.1 Statement
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| Wednesday, May 31, 2017 | ||
| Case Assigned to Judge Gregory M. Sleet. Please include the initials of the Judge (GMS) after the case number on all documents filed. Associated Cases: 1:17-cv-00609-GMS through 1:17-cv-00641-GMS (rjb) [Transferred from Delaware on 10/13/2017.] | ||
| Thursday, May 25, 2017 | ||
| 2 | 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar) [Transferred from Delaware on 10/13/2017.]
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| 1 | 1
NOTICE OF REMOVAL and copies of documents from DE Superior CT, Case Number N17C 05-00463 AML (Filing fee $400, receipt number 0311-2148931)- filed by Bristol-Myers Squibb Co., Pfizer Inc..(sar) [Transferred from Delaware on 10/13/2017.]
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Att: 1
Exhibit A,
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Att: 2
Civil Cover Sheet,
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Att: 3
Certificate of Service
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