Johnson v. Amylin Pharmaceuticals, LLC et al

California Southern District Court
Judge:Anthony J Battaglia
Referred: Mitchell D Dembin
Case #: 3:14-cv-00478
Nature of Suit367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability
Cause28:1332pi Diversity-Personal Injury
Case Filed:Mar 04, 2014
Terminated:May 31, 2022
Last checked: Tuesday Dec 09, 2014 10:52 PM PST
Defendant
Amylin Pharmaceuticals, LLC
Defendant
Does 1-100
Defendant
Eli Lilly and Company
Plaintiff
Ben Johnson
Represented By
Jacob W. Plattenberger
Torhoerman Law, LLC
contact info


Docket last updated: 05/23/2025 11:59 PM PDT
Tuesday, September 06, 2022
order Order Tue 09/06 3:08 PM
ORDER BY JUDGE BATTAGLIA: The parties are ordered to file, no later than Tuesday, September 13, 2022, a joint status report explaining the progress of the parties efforts in filing a request for global dismissal of the remaining cases and identifying the cases with pro se plaintiffs, as well as explaining when such filing will be filed.Associated Cases: 3:13-cv-01114-AJB-MDD et al.(no document attached) (sc)
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Tuesday, May 31, 2022
40 40 2 pgs order Order Dismissing Case Wed 06/01 8:38 AM
Order Granting Joint Motion for Voluntary Dismissal. Signed by Judge Anthony J. Battaglia on 5/31/2022.(jrm)
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Monday, May 23, 2022
order Order Mon 05/23 3:06 PM
ORDER RE: DIAL IN INFORMATION for the 5/23/2022 Status Conference. The parties are directed to call 888-273-3658 and use access code 5050565# at the time of the conference. The parties are reminded to mute their phones during the conference unless they are designated to speak at that time. Associated Cases: 3:13-cv-01114-AJB-MDD et al.(no document attached) (lrf)
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minutes Status Conference Mon 05/23 4:55 PM
Minute Entry for proceedings held before Judge Anthony J. Battaglia: Status Conference held on 5/23/2022. Counsel to provide list of names of remaining plaintiffs. The Court will set an OSC Hearing for remaining plaintiffs. No further status conference at this time. Counsel to contact the Court if a further status conference is needed.(Court Reporter/ECR Amanda LeGore). (Plaintiff Attorney Ryan Thompson / Katherine Peacock / Shayna Sacks). (Defendant Attorney Barry Boise / Amy Laurendeau). Associated Cases: 3:13-cv-01114-AJB-MDD et al.(All non-registered users served via U.S. Mail Service)(no document attached) (lrf)
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Friday, April 29, 2022
37 37 notice Notice of Voluntary Dismissal Fri 04/29 1:59 PM
NOTICE of Voluntary Dismissal by Ben Johnson (Plattenberger, Jacob)
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Monday, March 28, 2022
order Order Mon 03/28 9:45 AM
ORDER RE: DIAL IN INFORMATION for the 3/28/2022 Status Conference. The parties are directed to call 888-273-3658 and use access code 5050565 at the time of the conference. The parties are reminded to mute their phones during the conference unless they are designated to speak at that time.Associated Cases: 3:13-cv-01114-AJB-MDD et al.(no document attached) (sc)
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minutes ~Util - Set Hearings Status Conference Tue 03/29 8:11 AM
Minute Entry for proceedings held before Judge Anthony J. Battaglia: Telephonic Status Conference held on 3/28/2022. Further Telephonic Status Conference set for 5/23/2022 at 04:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. (Court Reporter/ECR Amamda LeGore). (Plaintiff Attorney Shayna Sacks / Michael Johnson / Nick Drakulgh / Chad Finley / Kathryn Peacock / Ryan Thompson). (Defendant Attorney Barry Boise / Amy Laurendeau / Chelsea Johnson). Associated Cases: 3:13-cv-01114-AJB-MDD et al.(All non-registered users served via U.S. Mail Service)(no document attached) (lrf)
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Wednesday, March 23, 2022
order Order Wed 03/23 11:32 AM
ORDER BY JUDGE BATTAGLIA. The parties are directed to file, no later than noon on Friday, March 25, 2022, a joint status report regarding the present posture of this case and all related matters, including the status of any remaining motions for voluntary dismissal.Associated Cases: 3:13-cv-01114-AJB-MDD et al.(no document attached) (sc) Modified on 3/23/2022 (lrf)
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Monday, February 28, 2022
minutes Status Conference ~Util - Set Hearings Mon 02/28 4:45 PM
Minute Entry for proceedings held before Judge Anthony J. Battaglia: Telephonic Status Conference held on 2/28/2022. Further Telephonic Status Conference set for 3/28/2022 at 04:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. (Court Reporter/ECR Amamda LeGore). (Plaintiff Attorney Shayna Sacks / Michael Johnson / Kathryn Peacock / Ryan Thompson / Nick Brakulich). (Defendant Attorney Barry Boise / Amy Laurendeau). Associated Cases: 3:13-cv-01114-AJB-MDD et al.(no document attached) (lrf)
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Friday, February 25, 2022
order Order Fri 02/25 11:30 AM
ORDER RE: DIAL IN INFORMATION for the 2/28/2022 Status Conference. The parties are directed to call 888-273-3658 and use access code 5050565 at the time of the conference. The parties are reminded to mute their phones during the conference unless they are designated to speak at at that time.Associated Cases: 3:13-cv-01114-AJB-MDD et al.(no document attached) (sc)
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Tuesday, January 11, 2022
minutes Status Conference ~Util - Set Hearings Tue 01/11 9:49 AM
Minute Entry for proceedings held before Judge Anthony J. Battaglia: Telephonic Status Conference held on 1/10/2022. Further Telephonic Status Conference set for 2/28/2022 at 04:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(Court Reporter/ECR Amamda LeGore). (Plaintiff Attorney Ryan Thompson / Shayna Sacks / Timothy Becker). (Defendant Attorney Barry Boise / Amy Laurendeau). Associated Cases: 3:13-cv-01114-AJB-MDD et al.(no document attached) (lrf) Modified on 1/11/2022 (lrf)
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Monday, January 10, 2022
order Order Mon 01/10 9:17 AM
ORDER BY JUDGE BATTAGLIA: NOTICE OF TELEPHONIC CONFERENCE. The parties are to call 888-273-3658 and use access code: 5050565 for today's telephonic status at 4:30 p.m. The parties are reminded to mute their phones unless they will be addressing the Court. Associated Cases: 3:13-cv-01114-AJB-MDD et al.(no document attached) (sc) Modified on 1/10/2022 (lrf)
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Monday, October 18, 2021
minutes Status Conference ~Util - Set Hearings Mon 10/18 3:27 PM
Minute Entryfor proceedings held before Judge Anthony J. Battaglia: Telephonic Status Conference held on 10/18/2021. Further Status Conference set for 1/10/2022 at 04:30 PM in Courtroom 4A before Judge Anthony J. Battaglia.(Court Reporter/ECR Amamda LeGore). (Plaintiff Attorney Mike Johnson / Ryan Thompson). (Defendant Attorney Amy Lorenzo / Barry Boise). Associated Cases: 3:13-cv-01114-AJB-MDD et al.(no document attached) (lrf)
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Thursday, October 14, 2021
order Order Thu 10/14 2:37 PM
ORDER BY JUDGE BATTAGLIA: NOTICE OF DIAL IN INFORMATION. The parties are to call 888-273-3658 and use access code 5050565# for the 10/18/2021 status conference. Please make sure to mute all phones once connected unless you are designated counsel or parties who will be addressing the Court. Signed by Judge Anthony J. Battaglia on 10/14/2021.Associated Cases: 3:13-cv-01114-AJB-MDD et al.(no document attached) (lrf)
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Monday, August 30, 2021
order Order Mon 08/30 9:29 AM
ORDER BY JUDGE BATTAGLIA: NOTICE OF DIAL IN INFORMATION. The parties are to call 888-273-3658 and use access code 5050565 for the 8/30/2021 status conference. Please make sure to mute all phones once connected unless you are designated counsel or parties who will be addressing the Court.Associated Cases: 3:13-cv-01114-AJB-MDD et al.(All non-registered users served via U.S. Mail Service)(no document attached) (sc)
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minutes Status Conference ~Util - Set Hearings Mon 08/30 4:24 PM
Minute Entry for proceedings held before Judge Anthony J. Battaglia: Telephonic Status Conference held on 8/30/2021. Status Conference set for 10/18/2021 at 03:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(Court Reporter/ECR Amamda LeGore). (Plaintiff Attorney Ryan Thompson / Shayna Sacks). (Defendant Attorney Barry Boise / Kelsey Larson). Associated Cases: 3:13-cv-01114-AJB-MDD et al.(no document attached) (lrf)
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Wednesday, June 30, 2021
minutes Status Conference ~Util - Set Hearings Wed 06/30 3:19 PM
Minute Entry for proceedings held before Judge Anthony J. Battaglia: Status Conference held on 6/30/2021, ( Status Conference set for 8/30/2021 03:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.)(Court Reporter/ECR Amamda LeGore). Associated Cases: 3:13-cv-01114-AJB-MDD et al.(Plaintiff Attorney Mike Johnson / Ryan Thompson / Shayna Sacks/Dianw Watkins). (Defendant Attorney Barry Boise / Kelsey Larsen)(no document attached) (smr)
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Thursday, May 20, 2021
minutes Status Conference ~Util - Set Hearings Thu 05/20 2:48 PM
Minute Entry for proceedings held before Judge Anthony J. Battaglia: Telephonic Status Conference held on 5/20/2021. Telephonic Status Conference set for 6/30/2021 at 01:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(Court Reporter/ECR Amamda LeGore). (Plaintiff Attorney Mike Johnson / Ryan Thompson / Shayna Sacks). (Defendant Attorney Barry Boise / Amy Laurendeau). Associated Cases: 3:13-cv-01114-AJB-MDD et al.(no document attached) (lrf)
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Friday, April 09, 2021
23 23 4 pgs order Order Mon 04/12 10:49 AM
ORDER Appointing Plaintiff Steering Committee. Signed by Judge Anthony J. Battaglia on 4/9/2021.Associated Cases: 3:13-cv-01114-AJB-MDD et al.(jrm)
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Thursday, April 08, 2021
minutes Status Conference ~Util - Set Hearings Thu 04/08 2:25 PM
Minute Entry for proceedings held before Judge Anthony J. Battaglia: Status Conference held on 4/8/2021. Telephonic Status Conference set for 5/20/2021 at 01:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. Written order to follow. (Court Reporter/ECR Amamda LeGore). (Plaintiff Attorney Michael Johnson / Shayna Sacks / Ryan Thompson). (Defendant Attorney Barry Boise / Amy Laurendeau). (Warren Brown / Raymond Williams).Associated Cases: 3:13-cv-01114-AJB-MDD et al.(no document attached) (lrf)
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Friday, March 12, 2021
21 21 order Scheduling Order Fri 03/12 4:07 PM
Order Setting Status Conference. Telephonic status conference set for 4/8/2021 02:00 PM before Judge Anthony J. Battaglia.. Signed by Judge Anthony J. Battaglia on 3/12/2021.Associated Cases: 3:13-cv-01114-AJB-MDD et al.(jrm)
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Monday, September 17, 2018
order Order Lifting Stay Mon 09/17 11:39 AM
ORDER LIFTING STAY (per chambers)Associated Cases: 3:13-cv-01114-AJB-MDD et al.(no document attached) (acc)
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Tuesday, December 20, 2016
20 20 order Order ~Util - Set Hearings Tue 12/20 11:58 AM
ORDER Continuing Telephonic Status Conference. A further telephonic Status Conference set for 3/28/2017 03:30 PM before Judge Anthony J. Battaglia. Signed by Judge Anthony J. Battaglia on 12/20/2016.Associated Cases: 3:13-cv-01114-AJB-MDD et al.(acc)
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Friday, January 08, 2016
19 19 order Order ~Util - Set/Clear Flags Fri 01/08 3:10 PM
Case is Stayed per filing of Order No. 77 in Lead Case No. 13cv1114 Associated Cases: 3:13-cv-01114-AJB-MDD et al.(no document attached) (dls)
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Monday, November 30, 2015
18 18 minutes ~Util - Terminate Deadlines and Hearings Mon 11/30 2:16 PM
Minute Entry: 1/5/2016 Status Conference erroneously set in all related cases; Status Conference to be re-set shortly. Associated Cases: 3:13-cv-01114-AJB-MDD et al.(no document attached) (dls)
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Monday, November 16, 2015
17 17 order Scheduling Order Mon 11/16 11:16 AM
ORDER Setting Telephonic Status conference:Telephonic Status Conference set for 1/5/2016 3:30 PM before Judge Anthony J. Battaglia. Signed by Judge Anthony J. Battaglia on 11/16/15.Associated Cases: 3:13-cv-01114-AJB-MDD et al.(All non-registered users served via U.S. Mail Service)(dlg)
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Friday, September 18, 2015
16 16 order Order Fri 09/18 11:43 AM
ORDER GOVERNING FUTURE FILING PROCEDURE IN LEAD AND RELATED CASES. Case No. 13cv1114 Childress v. Amylin Pharmaceuticals, LLC is hereby designated as the lead case for claims of thyroid cancer. All filings that relate to the thyroid cancer cases generally are to be filed in the lead case. Filings that are specific to an individual plaintiff, and not the thyroid cancer cases generally, are to be filed in their individual cases. Counsel are instructed to associate themselves with the lead case, if they have not already done so, by filing a notice of appearance in the individual case and the lead case. New complaints involving claims of thyroid cancer are to be filed as their own individual case and will be deemed related to Case No. 13cv1114 Signed by Judge Anthony J. Battaglia on 9/17/2015.Associated Cases: 3:13-cv-01114-AJB-MDD et al.(All non-registered users served via U.S. Mail Service)(dls)
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Wednesday, April 22, 2015
15 15 order Order ~Util - Set Deadlines/Hearings Wed 04/22 10:32 AM
ORDER Following April 21, 2015 Telephonic Status Conference. The Court will hold another Status Conference on 6/2/2015 at 2:00 PM, immediately following the Status Conference set in Case No. 13md2452. Counsel are permitted to attend in person or telephonically. Counsel in the above case are directed to coordinate with counsel in the MDL proceeding, Case No. 13md2452, to obtain call-in information and provide the Court with a list of individuals who will appear telephonically. Signed by Judge Anthony J. Battaglia on 4/22/2015. Associated Cases: 3:13-cv-01114-AJB-MDD et al.(All non-registered users served via U.S. Mail Service)(dls)
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Thursday, April 02, 2015
14 14 order Order Fri 04/03 9:48 AM
ORDER Continuing April 2, 2015 Telephonic Status Conference. The telephonic status conference set for 2:00 p.m. on April 2, 2015 is hereby continued to Tuesday, April 21, 2015 at 2:00 p.m. Counsel are directed to submit a joint agenda with any additional issues for discussion, a list of attorneys appearing telephonically, and call-in information to chambers by Friday, April 17, 2015 at 12:00 p.m. Signed by Judge Anthony J. Battaglia on 4/2/2015. Associated Cases: 3:13-cv-01114-AJB-MDD et al. (All non-registered users served via U.S. Mail Service)(dls) Related [+]
Related: [-] generated for purposes of spreading to member cases
Friday, March 13, 2015
12 12 order Order Striking Document Fri 03/13 3:34 PM
Order Striking Document Number 6 from the Docket and Confirming Stay on the Filing of Answer. On February 27, 2015, the Court entered an order directing Defendants to file an answer within thirty (30) days. (Doc. No. 6.) However, in light of the parties' representations that a stay should continue with respect to the filing of answers in all cases related to Case No. 13cv1114 (Childress v. Amylin Pharmaceuticals LLC), the Court strikes its previous order, (Doc. No. 6), from the docket. Defendants in all cases related to Case No. 13cv1114 are not required to file an answer unless and until the Court issues an order lifting the stay on filing answers. This order does not apply to Case No. 13md2452. Signed by Judge Anthony J. Battaglia on 3/13/2015. (Docketed in 13md2452 for purposes of spreading to appropriate cases).(All non-registered users served via U.S. Mail Service)(dls)
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Thursday, March 12, 2015
13 13 minutes Motion Hearing Status Conference Fri 03/13 4:25 PM
Minute Entry for proceedings held before Judge Anthony J. Battaglia: Motion Hearing/Status Conference held on 3/12/2015. Court takes motions [902-1]&[908-1] under submission. Submitting [902-1] MOTION to Disqualify Dr. G. Alexander Fleming As An Expert Witness for Plaintiffs and Strike His Report on Preemption filed by Novo Nordisk Inc. and Submitting [908-1] MOTION for Order To Disqualify Dr. G. Alexander Fleming As An Expert Witness for Plaintiffs and Strike His Report on Preemption filed by Merck Sharp & Dohme Corp., Amylin Pharmaceuticals, LLC, Eli Lilly and Company. (Status Conference set for 04/02/15 @ 2pm in Courtroom 3B before Judge Anthony J. Battaglia)(Court Reporter/ECR Jeannette Hill). (Plaintiff Attorney (See Court Exhibit #1 for Attorney List of Appearances)). Associated Cases: 3:13-md-02452-AJB-MDD et al.(no document attached) (ymm)
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Monday, February 09, 2015
11 11 service Waiver of Service Executed Mon 02/09 1:14 PM
WAIVER OF SERVICE Returned Executed by Ben Johnson, as to Amylin Pharmaceuticals, LLC. (Plattenberger, Jacob)
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Monday, February 02, 2015
10 10 minutes Status Conference Tue 02/03 10:31 AM
Minute Entry for proceedings held before Judge Anthony J. Battaglia: Status Conference held on 2/2/2015. Court to issue order.(Court Reporter/ECR Jeannette Hill). (Plaintiff Attorney Jacob W. Plattenberger (Telephonic). (no document attached) (ymm)
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Monday, January 12, 2015
9 9 order Order of Transfer Pursuant to Low Number Rule Mon 01/12 11:19 AM
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Anthony J. Battaglia and Magistrate Judge Mitchell D. Dembin for all further proceedings. Judge Larry Alan Burns, Magistrate Judge William V. Gallo no longer assigned to case. Create association to 3:13-cv-01114-AJB-MDD. The new case number is 14cv00478 AJB-MDD. Signed by Judge Larry Alan Burns on 1/9/15. Signed by Judge Anthony J. Battaglia on 1/7/15.(kas)
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Thursday, January 08, 2015
8 8 order Order ~Util - Set Hearings Mon 01/12 11:04 AM
ORDER Setting Telephonic Status Conference for 2/2/2015 at 3:00PM in Courtroom 3B before Judge Anthony J. Battaglia. Signed by Judge Anthony J. Battaglia on 1/8/15.(cge)
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Monday, January 05, 2015
7 7 notice Notice of Related Case Mon 01/05 7:48 AM
NOTICE OF RELATED CASE(S) by Ben Johnson of case(s) 3:13-CV-01114-AJB-MDD , Childress v. Amylin Pharmaceuticals, LLC et al . (Plattenberger, Jacob) Proposed Low number Order prepared as to case 13cv1114 AJB-MDD (kas).
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6 6 respm Response - Other Mon 01/05 7:45 AM
RESPONSE re5 Order to Show Cause, filed by Ben Johnson. (Plattenberger, Jacob) (kas).
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Wednesday, December 03, 2014
5 5 order Order to Show Cause Wed 12/03 10:43 AM
ORDER TO SHOW CAUSE Re: Dismissal. Johnson is ORDERED TO SHOW CAUSE why this action should not be dismissed for failure to serve or for failure to prosecute. He may do so by filing a memorandum of points and authorities no longer than five pages, not counting any lodged or appended materials, no later than January 5, 2015. Alternatively, Johnson may file a notice stating he wantsto dismiss the action. Signed by Judge Larry Alan Burns on 12/2/14.(kas)
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Friday, March 07, 2014
4 4 ***DOCKETED IN ERROR, CASE IS NOT RELATED TO 13MD2452-AJB-MDD**** Amended Order Following Case Management Conference. Case Management Conference held on March 4, 2014. Case Management Conference re status of document production set for 5/28/2014 at 1:00 PM in Courtroom 3B before Judge Anthony J. Battaglia. Case Management Conference re status of document production set for 7/1/2014 at 9:00AM in Courtroom 3B before Judge Anthony J. Battaglia. Signed by Judge Anthony J. Battaglia on 3/7/14.Associated Cases: 3:13-md-02452-AJB-MDD et al.(All non-registered users served via U.S. Mail Service)(cge) Modified on 3/10/2014 (kaj).
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Tuesday, March 04, 2014
3 3 ***DOCKETED IN ERROR, CASE IS NOT RELATED TO 13MD2452-AJB-MDD**** COURT EXHIBIT 1. Associated Cases: 3:13-md-02452-AJB-MDD et al.(ymm) Modified on 3/10/2014 (kaj).
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2 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (cxl)
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1 1 COMPLAINT with Jury Demand against Amylin Pharmaceuticals, LLC, Does 1-100, Eli Lilly and Company ( Filing fee $ 400 receipt number 0974-6813057.), filed by Ben Johnson. The new case number is 3:14-cv-00478-LAB-WVG. Judge Larry Alan Burns and Magistrate Judge William V. Gallo are assigned to the case. (Plattenberger, Jacob)Atty Maintenance. Notified CA of related case (cxl)(av1). Modified on 3/10/2014 low number not prepared; case not a part of the 13md2452 action (kaj).
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Att: 1 Civil Cover Sheet