Adams et al v. Bristol-Myers Squibb Company et al
Consolidated
Lead case: 3:16-md-02734
Lead case: 3:16-md-02734
| Florida Northern District Court | |
| Judge: | M Casey Rodgers |
| Referred: | Gary R Jones |
| Case #: | 3:20-cv-05684 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Jul 27, 2020 |
| Re-opened: | Jun 24, 2020 |
| Terminated: | Oct 27, 2020 |
| Case in other court: | California Northern, 4:18-cv-05007 |
| Last checked: Saturday Jan 23, 2021 3:24 AM EST |
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Defendant
OTSUKA PHARMACEUTICAL CO LTD
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Defendant
OTSUKA AMERICA PHARMACEUTICAL INC
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Defendant
MCKESSON CORPORATION
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Defendant
BRISTOL-MYERS SQUIBB COMPANY
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Plaintiff
JOHN MARTINEZ
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Plaintiff
MICHAEL SCHUETTA
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Plaintiff
DIANNA PINKHAM
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Plaintiff
JEROME RAINES
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Plaintiff
GREG RAMIREZ
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Plaintiff
JOSEPH ROBINSON
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Plaintiff
SHERRI WOOD
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Plaintiff
CECILY Y WILLIAMS
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Plaintiff
SERITA WALLACE
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Plaintiff
BLAIR STEVENS
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Plaintiff
BENNIE SMITH
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Plaintiff
PAULINE M SCOTT
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Plaintiff
KATHLEEN MARIE MAHONEY
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Plaintiff
MICHAEL BROWN
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Plaintiff
NATHAN EVERHART
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Plaintiff
ANNA A DAVIE
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Plaintiff
BILLY CUNNINGHAM
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Plaintiff
MARCEL CALHOUN
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Plaintiff
LISA BRASSY
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Plaintiff
AMANDA BOTFELD
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Plaintiff
KEVIN BIRTON
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Plaintiff
CHRISTOPHER BERTA
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Plaintiff
LYNN JONES
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Plaintiff
JOYCE M JONES
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Plaintiff
TREMAINE JAMES
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Plaintiff
WINSTON HERRING
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Plaintiff
SABRENA HAMMOND
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| TERMINATED PARTIES | |
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Plaintiff
SHELLY MEECE
Terminated: 08/06/2020
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Plaintiff
CHRISTIAN T MOORE
Terminated: 08/06/2020
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Plaintiff
WILLIE MOSLEY
Terminated: 08/06/2020
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Plaintiff
AMECHI OKOCHA
Terminated: 08/06/2020
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Plaintiff
CLYDE MCKINNEY
Terminated: 08/06/2020
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Plaintiff
JAMES PECK
Terminated: 08/06/2020
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Plaintiff
RICARDO QUINONEZ
Terminated: 08/06/2020
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Plaintiff
GERRY ROBERTS
Terminated: 08/06/2020
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Plaintiff
JOSE ZEPEDA ROMAN
Terminated: 08/06/2020
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Plaintiff
LEOTIST TRAMBLE
Terminated: 08/06/2020
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Plaintiff
PILLAR YOUNG
Terminated: 08/06/2020
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Plaintiff
DORTHY WRIGHT
Terminated: 08/06/2020
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Plaintiff
GALE WILLIAMS
Terminated: 08/06/2020
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Plaintiff
HARRY E WHITAKER
Terminated: 08/06/2020
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Plaintiff
EDWARD VASQUEZ
Terminated: 08/06/2020
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Plaintiff
DENNIS TRYON
Terminated: 08/06/2020
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Plaintiff
DANNY SANDERS
Terminated: 08/06/2020
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Plaintiff
FRANK THOMAS
Terminated: 08/06/2020
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Plaintiff
TAMMIE TERRELL
Terminated: 08/06/2020
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Plaintiff
KAYLA STEWART
Terminated: 08/06/2020
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Plaintiff
LIZA E SOTO
Terminated: 08/06/2020
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Plaintiff
JOHN DURSMA
Terminated: 08/06/2020
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Plaintiff
TIMOTHY DAVIS
Terminated: 08/06/2020
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Plaintiff
DUANE CONLEY
Terminated: 08/06/2020
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Plaintiff
BONNIE CALDERON
Terminated: 08/06/2020
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Plaintiff
DAVID MACAULEY
Terminated: 08/06/2020
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Plaintiff
ROBERT M BROCKLEY
Terminated: 08/06/2020
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Plaintiff
EVERARDA AISPURO
Terminated: 10/08/2020
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Plaintiff
BERNARD ADENIRAN
Terminated: 08/06/2020
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Plaintiff
DAVID ADAMS
Terminated: 08/06/2020
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Plaintiff
YENENEW GIRMA
Terminated: 10/21/2020
144 GRAND AVENUE UNIT 32
OAKLAND, CA 94612 |
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Plaintiff
COLIN MARTIN
Terminated: 10/27/2020
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Plaintiff
ANGELA LYONS
Terminated: 08/06/2020
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Plaintiff
LILA LAYMAN
Terminated: 08/06/2020
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Plaintiff
LUKE KARASIUK
Terminated: 08/06/2020
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Plaintiff
JULIE JOHNSTON
Terminated: 08/06/2020
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Plaintiff
JOHN HERNANDEZ
Terminated: 08/06/2020
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Plaintiff
JAVIER HEREDIA
Terminated: 08/06/2020
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Plaintiff
MONICA HARTMAN
Terminated: 08/06/2020
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Plaintiff
JANICE GREENWOOD
Terminated: 08/06/2020
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Plaintiff
AFENI GRAPHENREED
Terminated: 10/08/2020
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Plaintiff
THEO J GOMEZ
Terminated: 10/08/2020
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Plaintiff
LARRY FAIRLEY
Terminated: 08/06/2020
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GPO
Aug 24 2018
STIPULATION AND ORDER re 10 STIPULATION WITH [PROPOSED] ORDER TO STAY PROCEEDINGS PENDING TRANSFER TO THE ABILIFY MDL filed by Bristol-Myers Squibb Company. Signed by Judge Jon S. Tigar on August 24, 2018. (wsn, COURT STAFF) (Filed on 8/24/2018) [Transferred from California Northern on 7/27/2020.] |
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GPO
Aug 31 2018
CONDITIONAL TRANSFER ORDER (CTO-23) by the United States Judicial Panel on Multidistrict Litigation TRANSFERRING CASE to the United States District Court for the Northern District of Florida, MDL No. 2734 (tnS, COURT STAFF) (Filed on 8/31/2018)[Transferred from California Northern on 7/27/2020.] |
| Docket last updated: 3 hours ago |
| Tuesday, December 08, 2020 | ||
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Tue 12/08 7:34 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:30 Defendants' Notice of Plaintiff's Non-Compliance with Deadlines in October 30, 202029 Order (djb) |
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| Monday, December 07, 2020 | ||
| 30 | 30
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Mon 12/07 4:22 PM
NOTICE OF PLAINTIFF'S NON-COMPLIANCE WITH DEADLINES IN OCTOBER 30, 2020 ORDER by BRISTOL-MYERS SQUIBB COMPANY, OTSUKA AMERICA PHARMACEUTICAL INC, OTSUKA PHARMACEUTICAL CO LTD (CONNELLY, LUKE) |
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| Friday, October 30, 2020 | ||
| 29 | 29
2
pgs
order
Order
Fri 10/30 1:16 PM
ORDER - Plaintiff Yenenew Girma's 28 Motion/Request for an extension of time is GRANTED IN PART and DENIED IN PART. Mr. Girma is required to either retain new counsel or formally notify the Court that he intends to proceed pro se by November 30, 2020, as follows: a. If Mr. Girma retains new counsel, his new counsel must file an appearance in this case by November 30, 2020; or b. If Mr. Girma elects to proceed pro se, he must so notify the Court and the parties in writing and on the record by November 30, 2020. c. There will be no further extensions. Signed by JUDGE M CASEY RODGERS on 10/30/2020. (djb) |
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| Tuesday, October 27, 2020 | ||
| 27 | 27
18
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order
Order Dismissing Case
Wed 10/28 2:46 PM
ORDER - The Court has determined that the cases identified on Exhibit A were dismissed with prejudice from multi-plaintiff California complaints on October 4 or November 20, 2019, while the cases were still pending in California state court. Because those plaintiffs' cases should not have been returned to the active MDL docket, they are hereby DISMISSED WITH PREJUDICE. The Clerk is directed to close the cases in their entirety for all purposes. Signed by JUDGE M CASEY RODGERS on 10/27/2020. (case closed) (djb) |
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2
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order
Order ~Util - Add and Terminate Parties
Tue 10/27 4:18 PM
ORDER - The Court has been advised that the cases identified on Exhibit A were settled under the global settlement program for this litigation. Accordingly, the cases are DISMISSED WITH PREJUDICE from the active docket of the Court. The Clerk is directed to close the cases in their entirety for all purposes. Signed by JUDGE M CASEY RODGERS on 10/27/2020. COLIN MARTIN terminated. (djb) |
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| Wednesday, October 21, 2020 | ||
| 28 | 28
motion
Extend Time
Fri 10/30 1:12 PM
MOTION to Extend Time re:25 Order, by YENENEW GIRMA. (djb) |
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| 25 | 25
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order
Order ~Util - Add and Terminate Parties
Wed 10/21 8:30 AM
ORDER - Based on Plaintiff Yenenew Girma's failure to comply with the Court's 22 Order dated October 5, 2020 this action is hereby DISMISSED WITH PREJUDICE for failure to comply with court orders and failure to prosecute. The Clerk is directed to close his case in its entirety for all purposes. YENENEW GIRMA terminated. Signed by JUDGE M CASEY RODGERS on 10/21/2020. (djb) Modified on 10/21/2020 to note order mailed to plaintiff. (djb) |
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| Tuesday, October 20, 2020 | ||
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Tue 10/20 8:43 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:22 Order, (no filing) (djb) |
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| Thursday, October 08, 2020 | ||
| 24 | 24
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Thu 10/08 9:50 AM
CLERK'S DISMISSAL re23 Stipulation of Dismissal With Prejudice as to EVERARDA AISPURO, THEO J GOMEZ, AFENI GRAPHENREED. (djb) |
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misc
Stipulation of Dismissal
Thu 10/08 12:48 AM
STIPULATION of Dismissal by EVERARDA AISPURO, THEO J GOMEZ, AFENI GRAPHENREED. (CARO, LOUISE) |
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| Monday, October 05, 2020 | ||
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order
Order ~Util - Add and Terminate Attorneys ~Util - Set Deadlines/Hearings
Tue 10/06 8:37 AM
ORDER granting 21 SEALED MOTION to Withdraw as Counsel of Record Without Substitution. Attorney Louise R. Caro and the law firm of Napoli Shkolnik, PLLC are relieved of any further obligation for representation of Plaintiff Yenenew Girma. The Clerk is directed to update the individual docket. Mr. Girma is required to either retain new counsel or formally notify the Court that he intends to proceed pro se by 10/19/2020 , as follows: (a.) If Mr. Girma retains new counsel, his new counsel must file an appearance in this case by the 10/19/2020 ; or (b.) If Mr. Girma elects to proceed pro se, he must so notify the Court and the parties in writing and on the record by 10/19/2020 . Failure to comply with this Order will result in sanctions, including dismissal of Mr. Girma's claim with prejudice. Signed by JUDGE M CASEY RODGERS on 10/5/2020. Attorney LOUISE R CARO and JENNIFER R LIAKOS terminated. (order mailed as directed) (djb) |
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| Monday, September 28, 2020 | ||
| 21 | 21
motion
Sealed Motion - Sealed PDF
Mon 09/28 11:09 AM
SEALED MOTION to Withdraw as Counsel of Record For Plaintiff Yenenew Girma Without Substitution by YENENEW GIRMA. (djb) |
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Mon 09/28 11:10 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:21 SEALED MOTION to Withdraw as Counsel of Record For Plaintiff Yenenew Girma Without Substitution (djb) |
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| Friday, August 21, 2020 | ||
| 20 | 20
notice
Notice of Appearance
Fri 08/21 3:15 PM
NOTICE of Appearance by LOUISE R CARO on behalf of All Plaintiffs (CARO, LOUISE) |
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| Monday, August 03, 2020 | ||
| 19 | 19
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order
Order ~Util - Set Deadlines/Hearings
Tue 08/04 10:00 AM
ORDER - The Court has been advised that all but fourteen of the plaintiffs in these cases settled their respective claims under the global settlement program. The plaintiffs who settled their claims must file stipulations of dismissal by 8/13/2020 . Expert reports must be served on Defendants by October 2, 2020. By 10/9/2020 , 2020, Defendants must provide the Court with a written report identifying which of the fourteen plaintiffs timely produced an appropriate expert report and which did not. Failure to provide an expert report on specific causation that fully complies with Rule 26(a)(2) and this Order will constitute grounds for dismissal with prejudice. Signed by JUDGE M CASEY RODGERS on 8/3/2020. (djb) |
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| Monday, July 27, 2020 | ||
| 18 | 18
transfer
Case Transferred In - District Transfer (COURT USE ONLY)
Mon 07/27 2:11 PM
Case transferred in from District of California Northern; Case Number 4:18-cv-05007. Original file certified copy of transfer order and docket sheet received. |
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Mon 07/27 2:12 PM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:18 Case Transferred In - District Transfer (djb) |
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| Thursday, July 23, 2020 | ||
| 17 | 17
MDL ORDER TRANSFERRING CASE to the District Court for the Northern District of Florida. Signed by MDL Panel Clerk on 7/8/2020. (jmlS, COURT STAFF) [Transferred from California Northern on 7/27/2020.]
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| Wednesday, June 24, 2020 | ||
| 16 | 16
Order by Judge Jon S. Tigar granting 15 Stipulation to Re-Open Case.(mllS, COURT STAFF) [Transferred from California Northern on 7/27/2020.]
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| Tuesday, June 23, 2020 | ||
| 15 | 15
STIPULATION WITH PROPOSED ORDER To Re-Open Case filed by Bristol-Myers Squibb Company and Plaintiffs. (Mayo, Sharon) Modified on 6/24/2020 (anjS, COURT STAFF). [Transferred from California Northern on 7/27/2020.]
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| Friday, May 29, 2020 | ||
| 14 | 14
DEFENDANT BRISTOL-MYERS SQUIBB CO.S SECOND NOTICE OF REMOVAL OF ACTION PURSUANT TO 28 U.S.C. §§ 1332, 1441, and 1446 against All Plaintiffs. Filed byBristol-Myers Squibb Company.(Mayo, Sharon) Modified on 6/1/2020 (jmlS, COURT STAFF). [Transferred from California Northern on 7/27/2020.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Friday, August 31, 2018 | ||
| 13 | 13
CONDITIONAL TRANSFER ORDER (CTO-23) by the United States Judicial Panel on Multidistrict Litigation TRANSFERRING CASE to the United States District Court for the Northern District of Florida, MDL No. 2734 (tnS, COURT STAFF) [Transferred from California Northern on 7/27/2020.]
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| case electronically transmitted to the Northern District of Florida. their new case number is 3:18-cv-02060, filed 8/31/2018. (tnS, COURT STAFF) Modified on 9/6/2018 (tnS, COURT STAFF). [Transferred from California Northern on 7/27/2020.] | ||
| Friday, August 24, 2018 | ||
| 12 | 12
STIPULATION AND ORDER re 10 STIPULATION WITH [PROPOSED] ORDER TO STAY PROCEEDINGS PENDING TRANSFER TO THE ABILIFY MDL filed by Bristol-Myers Squibb Company. Signed by Judge Jon S. Tigar on August 24, 2018. (wsn, COURT STAFF) [Transferred from California Northern on 7/27/2020.]
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| Thursday, August 23, 2018 | ||
| 11 | 11
Certificate of Interested Entities by Otsuka America Pharmaceutical, Inc. identifying Corporate Parent Otsuka America, Inc. for Otsuka America Pharmaceutical, Inc.. - Certification of Interested Entities or Persons Pursuant to Fed. R. Civ. P. 7.1 and Civ. L.R. 3-15 of Defendant Otsuka America Pharmaceutical, Inc. (Enns, Krista) [Transferred from California Northern on 7/27/2020.]
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| 10 | 10
STIPULATION WITH [PROPOSED] ORDER TO STAY PROCEEDINGS PENDING TRANSFER TO THE ABILIFY MDL filed by Bristol-Myers Squibb Company. (Mayo, Sharon) [Transferred from California Northern on 7/27/2020.]
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| Wednesday, August 22, 2018 | ||
| 9 | 9
NOTICE OF ERRATA re5 Consent/Declination to Proceed Before a United States Magistrate Judge filed by Bristol-Myers Squibb Company. (Mayo, Sharon) [Transferred from California Northern on 7/27/2020.]
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| Tuesday, August 21, 2018 | ||
| 8 | 8
CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 12/10/2018. Initial Case Management Conference set for 12/19/2018 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor. (wsn, COURT STAFF) [Transferred from California Northern on 7/27/2020.]
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Att: 1
Standing Order,
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Att: 2
Standing Order for All Judges of the Northern District
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| 7 | 7
ORDER, Case reassigned to Judge Jon S. Tigar. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 8/21/18.(haS, COURT STAFF) [Transferred from California Northern on 7/27/2020.]
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Att: 1
Notice of Eligibility for Video Recording
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| 6 | 6 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) [Transferred from California Northern on 7/27/2020.] | |
| 5 | 5
CONSENT/DECLINATION to Proceed Before a United States Magistrate Judge by Bristol-Myers Squibb Company, Otsuka America Pharmaceutical, Inc., Otsuka Pharmaceutical Co., Ltd.. (Gramacy, Ryan) [Transferred from California Northern on 7/27/2020.]
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| Thursday, August 16, 2018 | ||
| 4 | 4
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/8/2018. Initial Case Management Conference set for 11/15/2018 01:30 AM. Signed by Magistrate Judge Jacqueline Scott Corley on 8/16/18. (aaaS, COURT STAFF) [Transferred from California Northern on 7/27/2020.]
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| 3 | 3 Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/30/2018. (as, COURT STAFF) [Transferred from California Northern on 7/27/2020.] | |
| 2 | 2
Certificate of Interested Entities by Bristol-Myers Squibb Company (Mayo, Sharon) [Transferred from California Northern on 7/27/2020.]
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| 1 | 1
NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. 1332, 1441, and 1446; DEMAND FOR JURY TRIAL; (NO PROCESS) from San Francisco County Superior Court. Their case number is CGC-18-568851, (Filing Fee: $400.00, receipt number 0971-12600799). Filed by Bristol-Myers Squibb Company.(Mayo, Sharon) Modified on 8/17/2018 (aaaS, COURT STAFF). [Transferred from California Northern on 7/27/2020.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Civil Cover Sheet
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| [LINK:Electronic filing error] . Corrected by Clerk's Office. No further action is necessary. Re:1 Notice of Removal, filed by Bristol-Myers Squibb Company Plaintiff Party N ot Added. Spelling Corrected. (aaaS, COURT STAFF) [Transferred from California Northern on 7/27/2020.] | ||