State of Texas v. Pfizer, Inc.
| Texas Northern District Court | |
| Judge: | Sam R Cummings |
| Case #: | 5:23-cv-00312 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1442 Notice of Removal |
| Case Filed: | Dec 28, 2023 |
| Terminated: | Dec 30, 2024 |
| Last checked: Saturday Jun 29, 2024 5:55 AM CDT |
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Defendant
Pfizer Inc
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Represented By
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Movant
Pharmaceutical Research and Manufacturers of America
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Represented By
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Plaintiff
State of Texas
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Represented By
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| Docket last updated: 11 hours ago |
| Monday, February 03, 2025 | ||
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appeal
Appeal Record Certified/Transmitted
Mon 02/03 1:11 PM
Record on Appeal for USCA5 25-10182 : Record consisting of: 1 ECF electronic record on appeal (eROA) is certified. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by[LINK:contacting the appeals deputy] in advance to arrange delivery. (bdg) |
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| Wednesday, January 15, 2025 | ||
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appeal
USCA Case Number
Wed 01/15 4:01 PM
USCA Case Number 25-10182 in USCA Fifth Circuit for45 Notice of Appeal filed by State of Texas. (bdg) |
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| Wednesday, January 08, 2025 | ||
| 45 | 45
appeal
Notice of Appeal
Wed 01/08 3:56 PM
NOTICE OF APPEAL to the Fifth Circuit by State of Texas. Filing fee $605, receipt number ATXNDC-15175825. T.O. form to appellant electronically at[LINK:Transcript Order Form] or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions[LINK:here] . (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Kennedy, Matthew) |
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| Monday, December 30, 2024 | ||
| 44 | 44
order
Judgment
Mon 12/30 10:57 AM
JUDGMENT: In accordance with the Court's Oder of even date granting Defendant Pfizer, Inc.'s Motion to Dismiss. IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff's claims against Defendant are hereby DISMISSED. (Ordered by Senior Judge Sam R Cummings on 12/30/2024) (bdg) |
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| 43 | 43
2
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Mon 12/30 10:51 AM
ORDER granting17 Motion to Dismiss for Failure to State a Claim. The Court finds that as a matter of law under the circumstances of this case, the Defendant is entitled to immunity under the Public Readiness and Emergency Act ("PREP Act"). Plaintiff's claims against Defendant are hereby DISMISSED for essentially the reasons argued in the Motion and Reply. (Ordered by Senior Judge Sam R Cummings on 12/30/2024) (bdg) |
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| Wednesday, August 28, 2024 | ||
| 42 | 42
misc
Additional Attachments to Main Document
Wed 08/28 11:17 AM
ADDENDUM TO NOTICE OF SUPPLEMENT AUTHORITY to40 Order on Motion for Leave to File,39 Motion for Leave to File by Defendant Pfizer Inc. (Hoffman, Andrew) Modified text on 8/28/2024 (bdg) |
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Att: 1
Exhibit(s) 1,
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Att: 2
Exhibit(s) 2,
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Att: 3
Exhibit(s) 3,
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Att: 4
Exhibit(s) 4
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| Monday, August 26, 2024 | ||
| 41 | 41
3
pgs
respm
Response/Objection
Mon 08/26 1:03 PM
RESPONSE filed by State of Texas re:39 Unopposed MOTION for Leave to File Notice of Supplemental Authority (McKenney, Jason) |
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Att: 1
6 pgs
Exhibit(s) Exhibit A
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| Tuesday, August 20, 2024 | ||
| 40 | 40
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pgs
order
Order on Motion for Leave to File
Tue 08/20 11:38 AM
ORDER granting39 Motion for Leave to File Notice of Supplemental Authority. Plaintiff may file a response of no more than 350 words by August 26, 2024. (Ordered by Senior Judge Sam R Cummings on 8/20/2024) (bdg) |
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| Monday, August 19, 2024 | ||
| 39 | 39
motion
Leave to File
Mon 08/19 6:28 PM
Unopposed MOTION for Leave to File Notice of Supplemental Authority filed by Pfizer Inc (Self, Meagan) |
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Att: 1
Exhibit(s) A - Notice of Suppl. Authority,
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Att: 2
Exhibit(s) B - Proposed Order
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| Monday, June 24, 2024 | ||
| 38 | 38
1
pgs
order
Order on Motion to Stay
Mon 06/24 11:03 AM
ORDER granting36 Joint Motion to Modify Scheduling Order and Stay Proceedings. The Court finds good cause exists to GRANT the Joint Motion andSTAY discovery in the civil action pending the resolution of Defendant's Motion to Dismiss premised on the defense of immunity under the Public Readiness and Emergency Preparedness Act. (Ordered by Senior Judge Sam R Cummings on 6/24/2024) (bdg) |
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| Friday, June 21, 2024 | ||
| 37 | 37
respm
Brief/Memorandum In Support
Fri 06/21 2:35 PM
Brief/Memorandum in Support filed by Pfizer Inc re36 Joint MOTION to Stay Joint Motion to Modify Scheduling Order and Stay Proceedings (Self, Meagan) |
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| 36 | 36
motion
Stay
Fri 06/21 2:34 PM
Joint MOTION to Stay Joint Motion to Modify Scheduling Order and Stay Proceedings filed by Pfizer Inc (Self, Meagan) |
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Att: 1
Proposed Order
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| Monday, May 13, 2024 | ||
| 35 | 35
1
pgs
order
Order on Application for Admission Pro Hac Vice
Mon 05/13 11:51 AM
ORDER granting29 Application for Admission Pro Hac Vice of Noel J. Francisco. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R Cummings on 5/13/2024) (bdg) |
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| 34 | 34
1
pgs
order
Order on Application for Admission Pro Hac Vice
Mon 05/13 11:50 AM
ORDER granting31 Application for Admission Pro Hac Vice of Alexis Zhang. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R Cummings on 5/13/2024) (bdg) |
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| 33 | 33
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pgs
order
Order on Application for Admission Pro Hac Vice
Mon 05/13 11:29 AM
ORDER granting30 Application for Admission Pro Hac Vice of Brett A Shumate. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R Cummings on 5/13/2024) (bdg) |
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| 32 | 32
1
pgs
order
Order on Motion for Leave to File
Mon 05/13 11:27 AM
ORDER denying26 Motion for Leave to File an Amicus Brief. The Court finds the Motion to be untimely and that an amicus brief would not be helpful in resolving the issues in the civil action. (Ordered by Senior Judge Sam R Cummings on 5/13/2024) (bdg) |
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| Friday, May 10, 2024 | ||
| 31 | 31
motion
Admission Pro Hac Vice
Fri 05/10 3:29 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Alexis Zhang (Filing fee $100; Receipt number ATXNDC-14608989) filed by Pharmaceutical Research and Manufacturers of America (Guynn, Jonathan) |
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Att: 1
Certificate of Good Standing,
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Att: 2
Proposed Order
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| 30 | 30
motion
Admission Pro Hac Vice
Fri 05/10 3:22 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Brett A. Shumate (Filing fee $100; Receipt number ATXNDC-14608958) filed by Pharmaceutical Research and Manufacturers of America (Guynn, Jonathan) |
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Att: 1
Certificate of Good Standing,
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Att: 2
Proposed Order
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| 29 | 29
motion
Admission Pro Hac Vice
Fri 05/10 3:16 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Noel J. Francisco (Filing fee $100; Receipt number ATXNDC-14608943) filed by Pharmaceutical Research and Manufacturers of America (Guynn, Jonathan) |
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Att: 1
Certificate of Good Standing,
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Att: 2
Proposed Order
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| 28 | 28
9
pgs
respm
Response/Objection
Fri 05/10 3:15 PM
RESPONSE filed by State of Texas re:26 MOTION for Leave to File Brief of Amicus Curiae Supporting Defendant Pfizer Inc.'s Motion to Dismiss (McKenney, Jason) |
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| Thursday, May 09, 2024 | ||
| 27 | 27
respm
Reply
Thu 05/09 9:50 PM
REPLY filed by Pfizer Inc re:17 Motion to Dismiss for Failure to State a Claim (Self, Meagan) |
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| 26 | 26
motion
Leave to File
Thu 05/09 4:29 PM
OPPOSED MOTION for Leave to File Brief of Amicus Curiae Supporting Defendant Pfizer Inc's Motion to Dismiss filed by Pharmaceutical Research and Manufacturers of America with Brief/Memorandum in Support. |
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Att: 1
Exhibit(s) Brief of Pharmaceutical Research and Manufacturers of America as Amicus Curiae Supporting Defendant Pfizer Inc.'s Motion to Dismiss,
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Att: 2
Proposed Order. Party Pharmaceutical Research and Manufacturers of America added with Attorney Jonathan David Guynn (Guynn, Jonathan) Docket text modified on 5/9/2024 (twd). Modified text on 5/9/2024 (bdg)
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| Wednesday, May 01, 2024 | ||
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pgs
order
Order on Motion for Leave to File
Wed 05/01 8:55 AM
ORDER granting24 Motion for Leave to File a Reply in Support of Defendant's Motion to Dismiss. (The requesting party must file the document with the clerk.) Defendant may file its reply (not to exceed 10 pages) on or before 5/9/2024. (Ordered by Senior Judge Sam R Cummings on 5/1/2024) (bdg) |
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| Tuesday, April 30, 2024 | ||
| 24 | 24
motion
Leave to File
Tue 04/30 7:21 PM
Agreed MOTION for Leave to File Reply in Support of Motion to Dismiss filed by Pfizer Inc (Self, Meagan) |
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Att: 1
Proposed Order
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| Monday, April 29, 2024 | ||
| 23 | 23
33
pgs
respm
Response/Objection
Mon 04/29 4:13 PM
RESPONSE filed by State of Texas re:17 Motion to Dismiss for Failure to State a Claim (McKenney, Jason) |
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| 22 | 22
25
pgs
order
Order on Motion for Protective Order
Mon 04/29 1:13 PM
PROTECTIVE ORDER: Granting21 Motion for Protective Order. (Ordered by Senior Judge Sam R Cummings on 4/29/2024) (bdg) |
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| Wednesday, April 24, 2024 | ||
| 21 | 21
motion
Protective Order
Wed 04/24 4:42 PM
Joint MOTION for Protective Order filed by Pfizer Inc (Self, Meagan) |
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Att: 1
Proposed Order
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| Tuesday, April 02, 2024 | ||
| 20 | 20
1
pgs
order
Order on Motion for Extension of Time
Tue 04/02 8:40 AM
ORDER granting19 Motion to Extend Time to Respond to Defendant Pfizer, Inc.;s Rule 12(b)(6) Motion to Dismiss Plaintiff's Complaint. Responses due by 4/29/2024. (Ordered by Senior Judge Sam R Cummings on 4/2/2024) (bdg) |
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| Monday, April 01, 2024 | ||
| 19 | 19
4
pgs
motion
Extension of Time
Mon 04/01 3:29 PM
Agreed MOTION to Extend Time to Respond to Defendant's Rule 12(b)(6) Motion filed by State of Texas with Brief/Memorandum in Support. (Matzner, Matt) |
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| Monday, March 25, 2024 | ||
| 18 | 18
33
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respm
Brief/Memorandum In Support
Mon 03/25 5:51 PM
Brief/Memorandum in Support filed by Pfizer Inc re17 Motion to Dismiss for Failure to State a Claim (Self, Meagan) |
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| 17 | 17
3
pgs
motion
Dismiss for Failure to State a Claim
Mon 03/25 5:49 PM
Motion to Dismiss for Failure to State a Claim filed by Pfizer Inc (Self, Meagan) |
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Att: 1
Proposed Order
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| Friday, March 22, 2024 | ||
| 16 | 16
3
pgs
notice
Notice of Attorney Appearance
Fri 03/22 5:45 PM
NOTICE of Attorney Appearance by Matt D Matzner on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Matzner, Matt) |
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| Monday, January 22, 2024 | ||
| 15 | 15
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pgs
notice
Notice of Attorney Appearance
Mon 01/22 1:28 PM
NOTICE of Attorney Appearance by Ryan S Baasch on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Baasch, Ryan) |
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| Wednesday, January 17, 2024 | ||
| 14 | 14
order
Scheduling Order ~Util - Modify Hearings/Deadlines (Full List)
Wed 01/17 11:05 AM
SCHEDULING ORDER: Motions to join other parties and amend the pleadings must be filed by 3:00p.m. on 05/15/2024. Motions for summary judgment must be filed by 3:00p.m. on 01/15/2025. Deadline for mediation is by 3:00p.m. on or before 1/15/2025. Motions in Limine and Discovery must be completed by 3:00p.m. on 6/16/2025. Bench Trial set for 7/7/2025 at 09:00 A.M. in the U.S. Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R. Cummings. (Ordered by Senior Judge Sam R. Cummings on 1/17/2024) (krr) |
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misc
Order Receipt
Wed 01/17 11:06 AM
***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Wed Jan 17 11:06:08 CST 2024 (crt) |
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| Thursday, January 11, 2024 | ||
| 13 | 13
notice
Notice of Attorney Appearance
Thu 01/11 7:22 AM
NOTICE of Attorney Appearance by Jason C McKenney on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (McKenney, Jason) |
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| Tuesday, January 09, 2024 | ||
| 12 | 12
notice
Notice of Attorney Appearance
Tue 01/09 5:18 PM
NOTICE of Attorney Appearance by Robert Eugene Farquharson on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Farquharson, Robert) |
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| 11 | 11
notice
Notice of Attorney Appearance
Tue 01/09 5:12 PM
NOTICE of Attorney Appearance by David Grant Shatto on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Shatto, David) |
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| Tuesday, January 02, 2024 | ||
| 10 | 10
1
pgs
order
Order on Application for Admission Pro Hac Vice
Tue 01/02 12:57 PM
ORDER granting4 Application for Admission Pro Hac Vice of Lianna Bash. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R. Cummings on 1/2/2024) (krr) |
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| 9 | 9
1
pgs
order
Order on Application for Admission Pro Hac Vice
Tue 01/02 12:56 PM
ORDER granting3 Application for Admission Pro Hac Vice of Carlton Wessel. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R Cummings on 1/2/2024) (krr) |
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| 8 | 8
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order
Order on Application for Admission Pro Hac Vice
Tue 01/02 12:53 PM
ORDER granting5 Application for Admission Pro Hac Vice of Andrew J. Hoffman, II. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Senior Judge Sam R. Cummings on 1/2/2024) (krr) |
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misc
Order Receipt
Tue 01/02 12:58 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:8,9,10. Tue Jan 2 12:58:04 CST 2024 (crt) |
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| Thursday, December 28, 2023 | ||
| 7 | 7
misc
Additional Attachments to Main Document
Thu 12/28 4:10 PM
ADDITIONAL ATTACHMENTS to3 Application for Admission Pro Hac Vice, by Defendant Pfizer, Inc.. (Self, Meagan) |
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| 6 | 6
misc
Additional Attachments to Main Document
Thu 12/28 4:07 PM
ADDITIONAL ATTACHMENTS to4 Application for Admission Pro Hac Vice, by Defendant Pfizer, Inc.. (Self, Meagan) (Main Document 6 replaced on 12/28/2023) (bdg) |
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| 5 | 5
motion
Admission Pro Hac Vice
Thu 12/28 4:05 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Andrew J. Hoffman, II (Filing fee $100; Receipt number ATXNDC-14275426) filed by Pfizer, Inc. (Self, Meagan) |
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Att: 1
Additional Page(s),
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Att: 2
Proposed Order
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| 4 | 4
motion
Admission Pro Hac Vice
Thu 12/28 2:21 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Lianna Bash (Filing fee $100; Receipt number ATXNDC-14274735) filed by Pfizer, Inc. (Self, Meagan) (Main Document 4 replaced on 12/28/2023) (bdg). (Attachment 2 replaced on 12/28/2023) (bdg) |
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Att: 1
Additional Page(s),
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Att: 2
Proposed Order
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| 3 | 3
motion
Admission Pro Hac Vice
Thu 12/28 2:18 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Carlton Wessel (Filing fee $100; Receipt number ATXNDC-14274706) filed by Pfizer, Inc. (Self, Meagan) |
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Att: 1
Additional Page(s) Certificate of Good Standing,
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Att: 2
Proposed Order
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| 2 | 2
misc
Certificate Of Interested Persons/Disclosure Statement
Thu 12/28 1:58 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Pfizer, Inc.. (Clerk QC note: No affiliate entered in ECF). (Self, Meagan) (Main Document 2 replaced with flatten document on 12/28/2023) (bdg) |
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| 1 | 1
25
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notice
Notice of Removal
Thu 12/28 1:50 PM
NOTICE OF REMOVAL filed by Pfizer, Inc.. (Filing fee $405; receipt number ATXNDC-14274440) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Self, Meagan) |
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Att: 1
72 pgs
Exhibit(s),
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Att: 2
56 pgs
Exhibit(s),
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Att: 3
36 pgs
Exhibit(s),
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Att: 4
Cover Sheet,
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Att: 5
Cover Sheet Supplement
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