U.S. District Court [LIVE]
Eastern District of TEXAS LIVE (Texarkana)
CIVIL DOCKET FOR CASE #: 5:03-cv-00141-TJW


EASTER, et al v. AVENTIS PASTEUR INC, et al
Assigned to: Judge T. John Ward
Demand: $0
Cause: 28:1332 Diversity-Product Liability

Date Filed: 06/30/2003
Jury Demand: Both
Nature of Suit: 365 Personal Inj. Prod. Liability
Jurisdiction: Diversity
Plaintiff
Vera Easter
As next Friend of Jordan Delaney Easter
represented byDana Casselli Fox
Waters & Kraus
3219 McKinney Avenue
Suite 3000
Dallas, TX 75204
214/357-6244
Fax: 12143577252
Email: dfox@awpk.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jonathan Smith-George
Law Office of Jonathan Smith-George
10231 Warwick Blvd
Newport News, Va 23601
757-223-1275
Fax: 757-223-1276
Email: george@awpk.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Charles Cary Patterson
Nix Patterson & Roach LLP - Texarkana
2900 Saint Michael Drive
Suite 500
Texarkana, TX 75503
903/223-3999
Fax: 19032238520
Email: ccp@nixlawfirm.com

Charles S Siegel
Waters & Kraus
3219 McKinney Avenue
Suite 3000
Dallas, TX 75204
214/357-6244
Fax: 12148712263
Email: siegel@awpk.com

Charles Andrew Waters
Waters & Kraus LLP
3219 McKinney Ave
Suite 3000
Dallas, TX 75204
214-357-6244
Fax: 12143577252
Email: waters@awpk.com
ATTORNEY TO BE NOTICED

Edward Lewis Hohn
Nix, Patterson & Roach, LLP - Irving
5215 North O'Connor Blvd
Ste 1900
Irving, TX 75039
US
972-831-1188
Fax: 19724440716
Email: edhohn@nixlawfirm.com
ATTORNEY TO BE NOTICED

Harold Wayne Nix
Nix Patterson & Roach LLP - Daingerfield
205 Linda Drive
Daingerfield, TX 75638
903/645-7333
Fax: 19036455389
Email: haroldnix@nixlawfirm.com

John Hoosnik Kim
The Kim Law Firm
777 Walker
Suite 2500
Houston, TX 77002
713/222-8080
Fax: 17132387710
Email: jhkkimlaw@aol.com
ATTORNEY TO BE NOTICED

Joseph B Cox, Jr
Williams Bailey Law Firm
8441 Gulf Freeway
Suite 600
Houston, Tx 77017
713-230-2300
Fax: 713-643-6226
Email: cox-cox@nc.rr.com
ATTORNEY TO BE NOTICED

Marc Weingarten
Locks Law Firm
1500 Walnut St
Philadelphia, PA 19102
215/893-3404
Email: mweingarten@lockslaw.com
ATTORNEY TO BE NOTICED

Melissa Casey Katz
Waters & Kraus
3219 McKinney Avenue
Suite 3000
Dallas, TX 75204
214/357-6244
Fax: 15625907296
Email: katz@awpk.com
TERMINATED: 06/14/2004

Michael Williams
Williams Dailey O"Leary Craine & Powers- Portland
9755 S W Barnes Road
Suite 450
Portland, Or 97225-6681
503-295-2924
Fax: 503-595-3720
Email: mwilliams@wdolaw.com
ATTORNEY TO BE NOTICED

Peter Andrew Kraus
Waters & Kraus
3219 McKinney Avenue
Suite 3000
Dallas, TX 75204
214/357-6244
Fax: 12143577252
Email: kraus@waterskraus.com

Steve Knowlton
Locks Law Firm NY
110 East 55th Street
New York, NY 10022
212-838-3333
Fax: 212-838-3735
Email: sknowlton@lockslawny.com
ATTORNEY TO BE NOTICED

Tom Powers
Williams Dailey O"Leary Craine & Powers- Portland
9755 S W Barnes Road
Suite 450
Portland, Or 97225-6681
202/363-9740
Fax: 503-295-3720
Email: tpowers@wdolaw.com
ATTORNEY TO BE NOTICED

Melissa Richards Smith
Gillam & Smith, LLP
303 South Washington Avenue
Marshall, TX 75670
US
903/934-8450
Fax: 903/934-9257
Email: melissa@gillamsmithlaw.com
ATTORNEY TO BE NOTICED

V.
Defendant
Aventis Pasteur Inc
Individually and as successor-in-interest to Connaught Laboratories, Inc. Pasteur Merieux, and Pasteur Merieux Connaught
represented byJames Dennis Chambers
Atchley Russell Waldrop & Hlavinka
1710 Moores Lane
PO Box 5517
Texarkana, TX 75505-5517
903/792-8246
Fax: 19037925801
Email: dchambers@arwhlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Bradley Steven Wolff
Swift Currie McGhee & Hiers
1355 Peachtree Street, NE
Suite 300
Atlanta, Ga 30309-3231
404/888-6123
Fax: 14048886199
Email: brad.wolff@swiftcurrie.com
ATTORNEY TO BE NOTICED

Mary Diane Owens
Swift Currie McGhee & Hiers
1355 Peachtree Street, NE
Suite 300
Atlanta, Ga 30309-3231
404-874-8800
Fax: 14048886199
Email: Diane.Owens@SwiftCurrie.com
ATTORNEY TO BE NOTICED

Rebecca Jo Reser
Davidson & Troilo
7550 W I-H10
Ste 800
San Antonio, TX 78229-5818
210/349-6484
Fax: 12103490041
Email: jreser@davidsontroilo.com
TERMINATED: 08/13/2004

Regina Marie Rodriguez
Faegre & Benson - Denver
3200 Wells Fargo Center
1700 Lincoln Street
Denver, CO 80203
303/607-3500
Fax: 13036073600
Email: rrodriguez@faegre.com
ATTORNEY TO BE NOTICED

Russell O Stewart
Faegre & Benson
3200 Wells Fargo Center
1700 Lincoln Street
Denver, CO 80203
303/607-3500
Fax: 13036073600
Email: rstewart@faegre.com
ATTORNEY TO BE NOTICED

Scott Marshall Williamson
Swift Currie McGhee & Hiers
1355 Peachtree Street, NE
Suite 300
Atlanta, Ga 30309-3231
404-874-8800
Fax: 1404-888-6199
Email: scott.williamson@swiftcurrie.com
ATTORNEY TO BE NOTICED
Defendant
Bayer Corporation
TERMINATED: 06/14/2004
doing business as
Indiana Bayer Corporation
TERMINATED: 06/14/2004
represented byDean Danyl Hunt
Baker & Hostetler
1000 Louisiana
Suite 2000
Houston, TX 77002-5009
713/646-1346
Email: dhunt@bakerlaw.com

Sandra L Phillips
Pfizer
235 E 42nd St 150/2/17
New York, NY 10017
212/733-9105
Fax: 212/573-7442
TERMINATED: 04/19/2004
Defendant
Dow Agrosciences LLC
TERMINATED: 05/27/2004
Defendant
Dow Chemical Company The
TERMINATED: 05/27/2004
Defendant
Eli Lilly and Company represented byAndrew See
Shook Hardy & Bacon
2555 Grand Blvd
Kansas City, MO 64108-2613
(816) 474 6550
Fax: 18164215547
Email: asee@shb.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

A Paul Miller
Miller James Miller & Hornsby
1725 Galleria Oaks Drive
Texarkana, TX 75504-2044
903/794-2711
Fax: 19037921276
Email: paulmiller@cableone.net
ATTORNEY TO BE NOTICED

Christopher P Gramling
Shook Hardy & Bacon - Kansas City MO
2555 Grand Blvd
Kansas City, MO 64108-2613
816-474-6550
Fax: 816-421-5547
Email: cgramling@shb.com
ATTORNEY TO BE NOTICED

David L Boman
Shook Hardy & Bacon - Kansas City MO
2555 Grand Blvd
Kansas City, MO 64108-2613
816/474-6550
Fax: 816/421-5547
Email: dboman@shb.com
ATTORNEY TO BE NOTICED

Deborah A Moeller
Shook Hardy & Bacon - Kansas City MO
2555 Grand Blvd
Kansas City, MO 64108-2613
Email: dmoeller@shb.com
ATTORNEY TO BE NOTICED

James Dennis Chambers
(See above for address)
ATTORNEY TO BE NOTICED

Jeffery A Kruse
Shook Hardy & Bacon - Kansas City MO
2555 Grand Blvd
Kansas City, MO 64108-2613
816-474-6550
Fax: 816-421-5547
Email: jkruse@shb.com

Karen A Read
Shook Hardy & Bacon - Kansas City MO
2555 Grand Blvd
Kansas City, MO 64108-2613
816-474-6550
Fax: 816-421-5547
Email: kread@shb.com
ATTORNEY TO BE NOTICED

M Scott Michelman
Shook Hardy & Bacon
JP Morgan Chase Tower
600 Travis, Suite 1600
Houston, TX 77002-2911
713/227-8008
Fax: 17132279508
Email: mmichelman@shb.com

Marie S Woodbury
Shook Hardy & Bacon - Kansas City MO
2555 Grand Blvd
Kansas City, MO 64108-2613
(816) 474 6550
Email: mwoodbury@shb.com
ATTORNEY TO BE NOTICED

Gene M Williams
Shook Hardy & Bacon - Houston
600 Travis
Suite 1600
Houston, TX 77002-2911
713-227-8008
Fax: 17132279508
Email: gmwilliams@shb.com
ATTORNEY TO BE NOTICED
Defendant
Glaxosmithkline
Individually and as successor-in-interest to Smithkline Beecham Corporation
TERMINATED: 06/14/2004
represented byCharles Jason Rother
Fulbright & Jaworski - Houston
1301 McKinney
Suite 5100
Houston, TX 77010-3095
713/651-5473
Fax: 17136515246
Email: crother@fulbright.com

Collin Michael Maloney
Ireland Carroll & Kelley
6101 S Broadway
Suite 500
Tyler, TX 75703
903/561-1600
Fax: 9035811071
Email: fedserv@icklaw.com

Jack Wesley Hill
Ireland Carroll & Kelley
6101 S Broadway
Suite 500
Tyler, TX 75703
903/561-1600
Fax: 9035811071
Email: Fedserv@icklaw.com

Jeffrey Stephen Wolff
Fulbright & Jaworski - Houston
1301 McKinney
Suite 5100
Houston, TX 77010-3095
713/651-5473
Fax: 17136515246
Email: jwolff@fulbright.com

Otis W Carroll, Jr
Ireland Carroll & Kelley
6101 S Broadway
Suite 500
Tyler, TX 75703
903/561-1600
Fax: 9035811071
Email: Fedserv@icklaw.com

Stephanie Ann Smith
Fulbright & Jaworski
600 Congress
Suite 2400
Austin, TX 78701
512/536-4548
Fax: 15125364598
Email: sasmith@fulbright.com

Tamar P Halpern
Phillips Lytle
3400 HSBC Center
Buffalo, NY 14203-2887
716-847-8400
Fax: 716-852-6100
Email: thalpern@phillipslytle.com
ATTORNEY TO BE NOTICED

Winstol D Carter, Jr
Fulbright & Jaworski - Houston
1301 McKinney
Suite 5100
Houston, TX 77010-3095
713/651-5151
Fax: 17136515246
Email: wcarter@fulbright.com
Defendant
Johnson & Johnson Consumer Co Inc
TERMINATED: 06/14/2004
represented byDon Wade Cloud, Jr
Hiersche Hayward Drakeley & Urbach
15303 Dallas Parkway
Suite 700
Addison, TX 75001
972/701-7000
Fax: 19727018765
Email: wcloud@hhdulaw.com

Robert C Tucker
Tucker Ellis & West
1150 Huntington Bldg, 925 Euclid Ave
Cleveland, Oh 44115-1475
216-592-5000
Fax: 12165925009

William Dixon Wiles
Hiersche Hayward Drakeley & Urbach
15303 Dallas Parkway
Suite 700, LB 17
Addison, TX 75001
972/701-7091
Fax: 19727018765
Email: dwiles@hhdulaw.com
Defendant
Merck & Co Inc represented byRichard L Josephson
Baker Botts - Houston
910 Louisiana
Suite 3000 One Shell Plaza
Houston, TX 77002
713/229-1460
Fax: 713/229-7760
Email: richard.josephson@bakerbotts.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jacob Scott Janoe
Baker Botts - Houston
910 Louisiana
Suite 3000 One Shell Plaza
Houston, TX 77002-4995
713/229-1553
Email: scott.janoe@bakerbotts.com
ATTORNEY TO BE NOTICED

James Dennis Chambers
(See above for address)
ATTORNEY TO BE NOTICED

Paul Reichert Elliott
Baker Botts - Houston
910 Louisiana
Suite 3000 One Shell Plaza
Houston, TX 77002-4995
713/229-1215
Fax: 17132292726
Email: paul.elliott@bakerbotts.com
ATTORNEY TO BE NOTICED
Defendant
Ortho-Clinical Diagnostics
TERMINATED: 06/14/2004
represented byDon Wade Cloud, Jr
(See above for address)
ATTORNEY TO BE NOTICED

Robert C Tucker
(See above for address)

William Dixon Wiles
(See above for address)
Defendant
TXU US Holdings Co
Individually and as successor-in-interest to TXU Electric Company and Texas Utilities Electric Company
TERMINATED: 05/27/2004
Defendant
Wyeth
formerly known as
American Home Products Corporation
doing business as
Lederle Laboratories
doing business as
Wyeth Laboratories Inc
doing business as
Wyeth-Ayerst Laboratories
doing business as
Wyeth Inc
doing business as
Wyeth-Ayerst
doing business as
Wyeth Lederle
doing business as
Wyeth Lederle Vaccines
represented byDaniel J Thomasch
Orrick Herrington & Sutcliffe
666 Fifth Avenue
New York, NY 10103
212/506-5000
Fax: 12125065151
Email: dthomasch@orrick.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Joseph Evall
Orrick Herrington & Sutcliffe- New York
666 Fifth Avenue
New York, NY 10103-0001
212-506-5000
Fax: 212-506-5151
Email: jevall@orrick.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James Dennis Chambers
(See above for address)
ATTORNEY TO BE NOTICED

Lauren J Elliot
Orrick Herrington & Sutcliffe
666 Fifth Avenue
New York, NY 10103
212/506-5000
Fax: 12125065151
Email: lelliot@orrick.com
ATTORNEY TO BE NOTICED

Michael R ++Klatt
Clark Thomas & Winters
P O Box 1148
Austin, TX 78767-1148
512/472-8800
Fax: 15124741129
Email: mrk@ctw.com
ATTORNEY TO BE NOTICED

Richard W Mark
Orrick Herrington & Sutcliffe
666 Fifth Avenue
New York, NY 10103
212/506-5000
Fax: 12125065151
Email: rmark@orrick.com
ATTORNEY TO BE NOTICED

Susan E Burnett
Clark Thomas & Winters
P O Box 1148
Austin, TX 78767-1148
512/472-8800
Fax: 15124958881
Email: seb@ctw.com

James N Haltom
Haltom and Doan LLP
6500 North Summerhill Road
Crown Executive Center Suite 1 A
P O Box 6227
Texarkana, Tx 75505
903/255-1000
Fax: 903/255-0800
Email: jhaltom@haltomdoan.com
ATTORNEY TO BE NOTICED
Defendant
Adventis Pasteur SA
TERMINATED: 09/07/2004
represented byJames Dennis Chambers
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mary Diane Owens
(See above for address)

Scott Marshall Williamson
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Glaxosmithkline Biologicals S A represented byWinstol D Carter, Jr
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Charles Jason Rother
(See above for address)
ATTORNEY TO BE NOTICED

James Dennis Chambers
(See above for address)
ATTORNEY TO BE NOTICED

Tamar P Halpern
(See above for address)
ATTORNEY TO BE NOTICED

Collin Michael Maloney
(See above for address)
ATTORNEY TO BE NOTICED

Jack Wesley Hill
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
GDL International Inc

Date Filed

#

Docket Text

06/30/20031Original Complaint filed. Cause: 28:1332 Diversity-Product Liability (mpv) (Entered: 06/30/2003)
06/30/2003  Filing Fee Paid; FILING FEE $ 150.00 RECEIPT # 98694 (mpv) (Entered: 06/30/2003)
06/30/2003 Demand for jury trial by Vera Easter (mpv) (Entered: 06/30/2003)
06/30/2003 Summons(es) issued for Aventis Pasteur Inc, Bayer Corporation, Dow Agrosciences LLC, Dow Chemical Co, Eli Lilly and Co, Glaxosmithkline, Johnson & Johnson, Merck & Co Inc, Ortho-Clinical, TXU US Holdings Co, Wyeth (mpv) (Entered: 07/01/2003)
07/01/2003 Magistrate consent forms mailed to Vera Easter (mpv) (Entered: 07/01/2003)
07/02/20032Order of recusal. ( signed by Judge David Folsom ) cc: pty attys of record 7/2/03 (mpv) (Entered: 07/02/2003)
07/02/2003 Case reassigned to Judge T. John Ward (mpv) (Entered: 07/02/2003)
07/31/20033First Amended complaint by Vera Easter, Vera Easter , (Answer due 8/11/03 for Wyeth, for TXU US Holdings Co, for Ortho-Clinical, for Merck & Co Inc, for Johnson & Johnson, for Glaxosmithkline, for Eli Lilly and Co, for Dow Chemical Co, for Dow Agrosciences LLC, for Bayer Corporation, for Aventis Pasteur Inc ) amending [1-1] complaint (sm) (Entered: 08/01/2003)
07/31/2003 Summons(es) issued for Aventis Pasteur Inc, Glaxosmithkline (sm) (Entered: 08/01/2003)
08/01/20034ORDER Appointing International Process Service ( signed by Judge T. John Ward ) cc: attys of record 8/1/03 (sm) (Entered: 08/01/2003)
09/02/20035Answer and affirmative defenses to first amended complaint by Ortho-Clinical (mpv) (Entered: 09/03/2003)
09/02/2003 Demand for jury trial by Ortho-Clinical (mpv) (Entered: 09/03/2003)
09/02/20036Answer and affirmative defenses to First Amended Complaint by Johnson & Johnson (mpv) (Entered: 09/03/2003)
09/02/2003 Demand for jury trial by Johnson & Johnson (mpv) (Entered: 09/03/2003)
09/02/20037Corporate Disclosure Statement filed by Aventis Pasteur Inc (mpv) (Entered: 09/03/2003)
09/02/20038MOTION with brief in support exhibits A-E by Bayer Corporation to dismiss Plas' first amended complaint , and in the alternative to stay (mpv) (Entered: 09/03/2003)
09/02/20039MOTION with brief in support Exhibits 1-38 (exhibits not scanned) by Aventis Pasteur Inc, Glaxosmithkline, Wyeth (Vaccine Dfts) to dismiss pursuant to Rule 12(b) and 12(c) (mpv) (Entered: 09/03/2003)
09/03/2003 Magistrate consent forms mailed to Ortho-Clinical (mpv) (Entered: 09/03/2003)
09/03/2003 Magistrate consent forms mailed to Johnson & Johnson (mpv) (Entered: 09/03/2003)
09/04/200310MOTION with memorandum in support by Eli Lilly and Co to dismiss , and alternative to stay Certain Parents' claims (mpv) (Entered: 09/04/2003)
09/16/200311Application by Aventis Pasteur Inc for Mary Diane Owens to appear PHV (mpv) (Entered: 09/16/2003)
09/16/2003 PHV Filing Fee paid by atty Mary Diane Owens; PHV FILING FEE $ 25.00 RECEIPT # 98802 (mpv) (Entered: 09/16/2003)
09/16/200312Application by Aventis Pasteur Inc for Bradley S Wolff to appear PHV (mpv) (Entered: 09/16/2003)
09/16/2003 PHV Filing Fee paid by atty Bradley S Wolff; PHV FILING FEE $ 25.00 RECEIPT # 98802 (mpv) (Entered: 09/16/2003)
09/22/200313Notice of disclosure of interested parties by Glaxosmithkline (mpv) (Entered: 09/22/2003)
09/22/200314Designation of Counsel filed by defendant Glaxosmithkline: Lead Counsel: Jeffrey S. Wolff ; Of Counsel: Stephanie A Smith; and Charles Jason Rother. (mpv) (Entered: 09/22/2003)
09/22/200315Unopposed MOTION by Vera Easter, Vera Easter to extend time to respond to motions to dismiss on or before 9/24/03 (mpv) (Entered: 09/22/2003)
09/23/200316Corporate Disclosure Statement filed by Bayer Corporation (mpv) (Entered: 09/23/2003)
09/25/200317COMBINED Response by Vera Easter, Vera Easter to [10-1] motion to dismiss, [9-1] motion to dismiss pursuant to Rule 12(b) and 12(c), [8-1] motion to dismiss Plas' first amended complaint with exhibits (sm) (Entered: 09/25/2003)
09/26/200318ORDER granting [15-1] motion to extend time to respond to motions to dismiss on or before 9/24/03, Response to motion reset to 9/24/03 for [10-1] motion to dismiss, reset to 9/24/03 for [10-2] motion to stay Certain Parents' claims, reset to 9/24/03 for [9-1] motion to dismiss pursuant to Rule 12(b) and 12(c), reset to 9/24/03 for [8-1] motion to dismiss Plas' first amended complaint, reset to 9/24/03 for [8-2] motion to stay ( signed by Judge T. J. Ward ) cc: pty attys of record 9/26/03 (mpv) (Entered: 09/26/2003)
09/29/200319MOTION with memorandum in support by Johnson & Johnson, Ortho-Clinical to dismiss first amended petition , or in the alternative to stay case (Oral hearing requested) (mpv) (Entered: 09/30/2003)
10/06/200320Notice of disclosure of Interested Parties by Wyeth (mpv) (Entered: 10/06/2003)
10/06/200321Corporate Disclosure Statement filed by Wyeth (mpv) (Entered: 10/06/2003)
10/07/200322Response by Vera Easter, Vera Easter to [19-1] motion to dismiss first amended petition, [19-2] motion to stay case (mpv) (Entered: 10/07/2003)
10/10/200323Corporate Disclosure Statement filed by Johnson & Johnson, Ortho-Clinical (mpv) (Entered: 10/10/2003)
10/10/200324Reply by Bayer Corporation to response to [8-1] motion to dismiss Plas' first amended complaint (mpv) (Entered: 10/10/2003)
10/17/200325Notice/Certificate of Interested Parties by Merck & Co Inc (mpv) (Entered: 10/20/2003)
11/14/200326Notice of disclosure/Certificate of Interested Parties by Aventis Pasteur Inc (mpv) (Entered: 11/14/2003)
11/17/200327Application by Johnson & Johnson, Ortho-Clinical for Robert C Tucker to appear PHV (mpv) (Entered: 11/17/2003)
11/17/2003 PHV Filing Fee paid by atty Robert C Tucker; PHV FILING FEE $ 25.00 RECEIPT # 98873 (mpv) (Entered: 11/17/2003)
11/18/200328Return of service executed via certified mail as to Glaxosmithkline 8/22/03 (mpv) (Entered: 11/18/2003)
11/18/200329Return of service executed via certified mail as to Eli Lilly and Co 8/15/03 (mpv) (Entered: 11/18/2003)
11/18/200330Return of service executed via certified mail as to Wyeth 8/22/03 (mpv) (Entered: 11/18/2003)
11/18/200331Return of service executed via personal service as to Bayer Corporation 8/13/03 (mpv) (Entered: 11/18/2003)
11/18/200332Return of service executed via personal service as to Aventis Pasteur Inc 8/13/03 (mpv) (Entered: 11/18/2003)
11/18/200333Return of service executed via personal service as to Merck & Co Inc 8/13/03 (mpv) (Entered: 11/18/2003)
11/18/200334Return of service executed via personal service as to Johnson & Johnson 8/13/03 (mpv) (Entered: 11/18/2003)
11/18/200335Return of service executed via personal service as to Ortho-Clinical 8/13/03 (mpv) (Entered: 11/18/2003)
12/22/200336Notice of Change of Address of Shook, Hardy & Bacon Law firm (Kansas City Office only) by Eli Lilly and Co (sm) (Entered: 12/22/2003)
12/23/200337AGREED MOTION by Vera Easter, Vera Easter to extend time in which GlaxoSmithkline must answer or otherwise plead to 1/28/04 (sm) (Entered: 12/23/2003)
12/30/200338ORDER granting [37-1] motion to extend time in which GlaxoSmithkline must answer or otherwise plead to 1/28/04 ( signed by Judge T. J. Ward ) (rml) (Entered: 12/30/2003)
01/28/200439MOTION by Glaxosmithkline to dismiss for lack of personal jurisdiction (mpv) (Entered: 01/28/2004)
01/28/200440Answer to first amended complaint by Aventis Pasteur Inc (mpv) (Entered: 01/28/2004)
01/28/2004 Magistrate consent forms mailed to Aventis Pasteur Inc (mpv) (Entered: 01/28/2004)
01/28/200441Corporate Disclosure Statement filed by Aventis Pasteur Inc (mpv) (Entered: 01/28/2004)
02/11/200442ORDER granting in part and denying in part 8 Motion to Dismiss, granting 8 Motion to Stay, granting in part and denying in part 9 Motion to Dismiss, granting in part and denying in part 10 Motion to Dismiss, granting 10 Motion to Stay, granting in part and denying in part 19 Motion to Dismiss, granting 19 Motion to Stay CONCLUSIONS: Plas' representative claims against the Vaccine Manufacturers are hereby DISMISSED WITHOUT PREJUDICE. With respect to Vera Easter's individual claims against the Vaccine Manufacturers, the Court finds that they are not subject to the Act because she is not qualified to file a petition under the Program. The Court also finds that the Vaccine Court does not have jurisdiction over the Plas' representative and individual claims against the Thimerosal Dft and the Globulin Manufacturers because they are not vaccine manufacturers. Vera Easter's individual claims for loss of consortium and lost wages are DISMISSED WITH PREJUDICE, but her individual claims for loss of services and emotional distress may proceed in this action as well as the Plas' design defect claim against Lilly. The Court hereby ORDERS that all proceedings and discovery relating to the claims in this case be stayed pending the termination of the Vaccine Court proceedings on Minor Pla's claims against the Vaccine Manufacturers. Accordingly, Pla's filing of their response to Dft GlaxoSmithKline's motion to Dismiss for Lack of Personal Jurisdiction [#39] is abated until the Vaccine Court proceedings have terminated. The Court further ORDERS that Plas file a status report with this Court every 60 days from the entry date of this Order, informing the Court of the status of Minor Pla's petition in the Court of Federal Claims. For the foregoing reasons, Bayer's motion to dismiss is GRANTED IN PART and DENIED IN PART, Vaccine Dfts' motion to dismiss is GRANTED IN PART and DENIED IN PART, and Lilly's motion to dismiss is GRANTED IN PART and DENIED IN PART, and Ortho's and J&J's motion to dismiss is GRANTED IN PART and DENIED IN PART.. Signed by Judge T. John Ward on 2/10/04. (mpv, ) (Entered: 02/17/2004)
02/25/200443 MOTION for Reconsideration re 42 Order on Motion to Dismiss, Order on Motion to Stay, to Reconsider the ruling on Pla's Fifth Cause of action by Eli Lilly and Company. (Attachments: # 1 Exhibit A Starts with page 4 of Order dated 2/25/03)(mpv, ) (Entered: 02/25/2004)
03/01/200447 MOTION for Extension of Time to File Response/Reply as to 39 Motion to Dismiss/Lack of Personal Jurisdiction until 60 days after the court lifts the stay on this case. by Vera Easter. (Filed in Beaumont Div) (mpv, ) Modified on 3/8/2004 (mpv, ). (Entered: 03/08/2004)
03/03/200444AFFIRMATIVE DEFENSES AND ORIGINAL ANSWER to Amended Complaint by Aventis Pasteur Inc.(mpv, ) (Entered: 03/04/2004)
03/03/200445 MOTION with memorandum in support for Partial Reconsideration re 42 Order on Motion to Dismiss, Order on Motion to stay, by Aventis Pasteur Inc, Glaxosmithkline, Merck & Co Inc, Wyeth. (mpv, ) (Entered: 03/04/2004)
03/04/200446 MOTION to Substitute Attorney Dana C Fox for Attorney Melissa C. Katz by Vera Easter. (mpv, ) (Entered: 03/04/2004)
03/04/200448 MOTION to lift stay by Vera Easter. (mpv, ) (Entered: 03/08/2004)
03/04/200449 MOTION to Amend/Correct 3 Amended Complaint,and file second amended complaint contained in 48 by Vera Easter. (mpv, ) (Entered: 03/08/2004)
03/04/200450 MOTION to substitute proposed second amended complaint by Vera Easter. (mpv, ) (Entered: 03/08/2004)
03/05/200451NOTICE of Designation of Attorney in Charge as Winstol D Carter Jr replacing Jeffrey S Wolf on behalf of Glaxosmithkline (mpv, ) (Entered: 03/08/2004)
03/05/200452RESPONSE in Opposition re 47 MOTION for Extension of Time to File Response/Reply as to 39 Motion to Dismiss/Lack of Personal Jurisdiction filed by Glaxosmithkline. (mpv, ) (Entered: 03/09/2004)
03/08/200453UNOPPOSED MOTION for Extension of Time to File Plas' opposition to Dfts' motions for reconsideration by Vera Easter. (mpv, ) (Entered: 03/10/2004)
03/12/200454REPLY to Response to Motion re 47 MOTION for Extension of Time to File Response/Reply as to 39 Motion to Dismiss/Lack of Personal Jurisdiction filed by Vera Easter. (mpv, ) (Entered: 03/12/2004)
03/15/200455NOTICE of Attorney Appearance and Designation of Lead Counsel by James Dennis Chambers on behalf of Aventis Pasteur Inc (mpv, ) (Entered: 03/17/2004)
03/16/200456SUR-REPLY to Response to Motion re 47 MOTION for Extension of Time to File Response/Reply as to 39 Motion to Dismiss/Lack of Jurisdiction filed by Glaxosmithkline. (Filed in Beaumont Div)(mpv, ) (Entered: 03/19/2004)
03/19/200457ORDER granting 53 Motion for Extension of Time to File opposition to Dfts' motions for reconsideration. It is the opinion of this court that Plas' unopposed motion should be Granted. Accordingly, Plas' deadline to file their response to Dfts' motions for reconsideration us 3/31/04. Signed by Judge T. John Ward on 3/15/04. (filed in Marshall Div) (mpv, ) Modified on 3/24/2004 (mpv, ). (Entered: 03/24/2004)
03/31/200458RESPONSE in Opposition re 45 MOTION for Reconsideration re 42 Order on Motion to Dismiss, Order on Motion to Stay,, 43 MOTION for Reconsideration re 42 Order on Motion to Dismiss, Order on Motion to Stay, filed by Vera Easter. (mpv, ) (Entered: 03/31/2004)
04/01/200459 MOTION to Substitute Attorney Dean Hunt for Sandra Phillips by Bayer Corporation. (sm, ) (Entered: 04/01/2004)
04/05/200460MEMORANDUM AND OPINION GRANTING No 48 motion to lift stay and thereby lifts the stay of proceedings in this case, GRANTS No. 49 motion for leave to amend complaint, GRANTS No. 50 motion to substitute second amended complaint and GRANTS IN PART and DENIES IN PART No. 47 motion to enlarge time to respond to dft GlaxoSmithKline and consistent therewith the court ORDERS the pla must file their response to GlaxoSmithKline motion to dismis no later than 90 days after entry of this order and must complete all discovery by the end of this 90 day period and FURTHER ORDERS that pla discovery is limited.. Signed by Judge T. John Ward on 4/2/2004. (sm, ) (Entered: 04/05/2004)
04/05/200471SECOND AMENDED COMPLAINT against all defendants, filed by Vera Easter.(mpv, ) (Entered: 04/19/2004)
04/07/200461REPLY to Response to Motion re 43 MOTION for Reconsideration re 42 Order on Motion to Dismiss,,,,,,,,, Order on Motion to Stay,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, filed by Eli Lilly and Company. (sm, ) (Entered: 04/08/2004)
04/08/200462REPLY to Response to Motion re 45 MOTION for Reconsideration re 42 Order on Motion to Dismiss,,,,,,,,, Order on Motion to Stay,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, filed by Aventis Pasteur Inc. (sm, ) (Entered: 04/08/2004)
04/09/200463NOTICE of Hearing: Scheduling Conference set for 4/20/2004 at 1:00 PM before Judge T. John Ward in Marshall, TX.(shd, ) (Entered: 04/09/2004)
04/14/200464APPLICATION to Appear Pro Hac Vice by Attorney Andrew See for Eli Lilly and Company. (mpv, ) (Entered: 04/15/2004)
04/14/2004 Pro Hac Vice Filing fee paid by Andrew See; Fee: $25, receipt number: 102314 (mpv, ) (Entered: 04/15/2004)
04/14/200472 ANSWER to Second Amended Complaint 71 by Aventis Pasteur Inc.(mpv, ) (Entered: 04/19/2004)
04/14/200473 ANSWER to Second Amended Complaint 71 by Adventis Pasteur SA.(mpv, ) (Entered: 04/19/2004)
04/15/200465NOTICE of Hearing:/SCHEDULING CONFERENCE, PROPOSED DEADLINES FOR DOCKET CONTROL ORDER AND DISCOVERY ORDER Scheduling Conference set for 4/20/2004 01:00 PM in Ctrm 106 (Marshall) before Judge T. John Ward. (mpv, ) (Entered: 04/15/2004)
04/15/200474 ANSWER to Second Amended Complaint 71 by Merck & Co Inc.(mpv, ) (Entered: 04/19/2004)
04/15/200475 ANSWER to Second Amended Complaint 71 by Glaxosmithkline.(mpv, ) (Entered: 04/19/2004)
04/16/200466NOTICE of Attorney Appearance of Andrew See of Shook, Hardy & Bacon LLP by Eli Lilly and Company (mpv, ) (Entered: 04/16/2004)
04/16/200467APPLICATION to Appear Pro Hac Vice by Attorney Lauren J Elliott for Wyeth. (mpv, ) (Entered: 04/16/2004)
04/16/2004 Pro Hac Vice Filing fee paid by Lauren J Elliot; Fee: $25, receipt number: 102315 (mpv, ) (Entered: 04/16/2004)
04/16/200468APPLICATION to Appear Pro Hac Vice by Attorney Daniel J Thomasch for Wyeth. (mpv, ) (Entered: 04/16/2004)
04/16/2004 Pro Hac Vice Filing fee paid by Daniel J Thomasch; Fee: $25, receipt number: 102316 (mpv, ) (Entered: 04/16/2004)
04/16/200469APPLICATION to Appear Pro Hac Vice by Attorney Richard W Mark for Wyeth. (mpv, ) (Entered: 04/16/2004)
04/16/2004 Pro Hac Vice Filing fee paid by Richard W Mark; Fee: $25, receipt number: 102317 (mpv, ) (Entered: 04/16/2004)
04/16/200470SURREPLY to Response to Motion re 43 MOTION for Reconsideration re 42 Order on Motion to Dismiss, Order on Motion to Stay, filed by Vera Easter. (mpv, ) (Entered: 04/16/2004)
04/16/200476SURREPLY to Response to Motion re 43 MOTION for Reconsideration re 42 Order on Motion to Dismiss, Order on Motion to Stay, filed by Vera Easter. (mpv, ) (Entered: 04/19/2004)
04/19/200477ORDER granting 59 Motion to Substitute Attorney. Added attorney Dean Danyl Hunt for Bayer Corporation. Attorney Sandra L Phillips terminated . Signed by Judge T. John Ward on 4/15/04. (mpv, ) (Entered: 04/19/2004)
04/22/200478AMENDED DISCOVERY ORDER . Signed by Judge T. John Ward on 4/21/04. (mpv, ) (Entered: 04/23/2004)
04/22/200479PROTECTIVE ORDER/AGREED CONFIDENTIALITY ORDER. Signed by Judge T. John Ward on 4/20/04. (mpv, ) (Entered: 04/23/2004)
04/23/200480 ANSWER to Second Amended Complaint and Jury Demand by Johnson & Johnson Consumer Co Inc.(mpv, ) (Entered: 04/26/2004)
04/23/200481 ANSWER to Second Amended Complaint and Jury Demand by Ortho-Clinical Diagnostics.(mpv, ) (Entered: 04/26/2004)
04/26/200482ACKNOWLEDGEMENT OF RECEIPT on 4/19/04 by Wyeth (Atty Michael Klatt) as to 65 Notice of Hearing. (mpv, ) (Entered: 04/26/2004)
04/28/200483SCHEDULING ORDER: Final Pretrial Conference set for 2/24/2005 03:00 PM in Ctrm 106 (Marshall) before Judge T. John Ward. Amended Pleadings due by 11/22/2004. Dft to answer amended pleadings by 12/6/04; Discovery due by 1/31/2005. Pla's Expert Witness List due by 11/8/2004. Dfts' Expert Witness List due by 11/29/04. Pla to Identify trial witnesses by 12/20/2004. Dft to Identify trial witnesses by 1/20/05. Joinder of Parties due by 5/20/2004. Jury instructions due by 2/14/2005 Jury Selection set for 3/7/2005 09:00 AM in Ctrm 319 (Texarkana) before Judge T. John Ward. Mediation Completion due by 2/7/2005. Dispositive and Daubert Motions due by 1/17/2005. Responses to dispositive and Daubert Motions due1/31/05. Motions in limine due 3 days before final Pretrial Conference. Proposed Pretrial Order due by 2/14/2005. Completed juty questionaires to picked up by parties 3/3/05. Status Conference to be held on 2/4/05 at 09:00 AM in Ctrm 106 (Marshall) before Judge T. John Ward. Pretrial disclosures due 1/31/05. Pretrial objections due 2/14/05. Privilege logs to be exchanged by parties 6/20/04. IT IS FURTHER ORDERED that the parties are to meet and confer, not later than 1/10/05, regarding the jury questionaires. The pla shall submit 5 additional questions and the 3 groups of defendants shall submit 5 additional questions each. The questions shall be submitted to the Court electronically in Word Perfect form.. Signed by Judge T. John Ward on 4/27/04. (mpv, ) (Entered: 04/28/2004)
04/28/2004 Set/Reset Scheduling Order Deadlines: Status Conference set for 2/4/2005 09:00 AM in Ctrm 106 (Marshall) before Judge T. John Ward. (mpv, ) (Entered: 04/28/2004)
04/29/200484 ANSWER to Second Amended Complaint by Eli Lilly and Company.(sm, ) (Entered: 04/29/2004)
04/29/200485 ANSWER to Second Amended Complaint by Bayer Corporation.(sm, ) (Entered: 04/29/2004)
04/29/200486 ANSWER to Second Amended Complaint by Wyeth.(sm, ) (Entered: 04/29/2004)
05/05/200488TRANSCRIPT of Proceedings/Scheduling Conference held on 4/20/04 before Judge T. John Ward. Court Reporter: Susan Simmons. (38 pages) (mpv, ) (Entered: 05/10/2004)
05/07/200487APPLICATION to Appear Pro Hac Vice by Attorney Jeffery A Kruse for Eli Lilly and Company. (rml, ) (Entered: 05/07/2004)
05/07/2004 Pro Hac Vice Filing fee paid by Jeffery Kruse; Fee: $25, receipt number: 102350 (rml, ) (Entered: 05/07/2004)
05/07/200489ACKNOWLEDGEMENT OF RECEIPT on unknown by Wyeth (Atty Michael Klatt as to 83 Scheduling Order. (mpv, ) (Entered: 05/10/2004)
05/11/200490NOTICE of Attorney Appearance by A Paul Miller on behalf of Eli Lilly and Company (mpv, ) (Entered: 05/12/2004)
05/13/200491NOTICE of Attorney Appearance by Jacob Scott Janoe, Paul Reichert Elliott on behalf of Merck & Co Inc (mpv, ) (Entered: 05/13/2004)
05/14/200492APPLICATION to Appear Pro Hac Vice by Attorney Scott M Williamson for Adventis Pasteur SA and Aventis Pasteur Inc. (mpv, ) (Entered: 05/14/2004)
05/14/2004 Pro Hac Vice Filing fee paid by Scott M Williamson; Fee: $25, receipt number: 102360 (mpv, ) (Entered: 05/14/2004)
05/14/200493 MOTION to Dismiss without prejudice Pla's causes of action against Dfts Johnson & Johnson Consumer Companies and Ortho-Clinical Diagnostics Inc by Vera Easter. Responses due by 5/24/2004 (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 05/18/2004)
05/14/200494 MOTION to Dismiss without prejudice Pla's causes of action against Dft Glaxosmithkline, s.a./n.v. by Vera Easter. Responses due by 5/24/2004 (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 05/18/2004)
05/17/200495 MOTION to Dismiss without prejudice Pla's causes of action against Dft Bayer Corporation by Vera Easter. Responses due by 5/27/2004 (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 05/18/2004)
05/17/200496NOTICE of Designation of C Andrew Waters as Attorney in Charge by Vera Easter (mpv, ) (Entered: 05/18/2004)
05/18/200497ORDER denying 45 Motion for Reconsideration . Signed by Judge T. John Ward on 5/17/04. (mpv, ) (Entered: 05/18/2004)
05/18/200498ORDER denying 43 Motion for Reconsideration . Signed by Judge T. John Ward on 5/17/04. (mpv, ) (Entered: 05/18/2004)
05/20/200499CORPORATE DISCLOSURE STATEMENT filed by Eli Lilly and Company (mpv, ) (Entered: 05/21/2004)
05/20/2004100NOTICE of Disclosure by Eli Lilly and Company (mpv, ) (Entered: 05/21/2004)
05/24/2004101NOTICE of Initial Disclosure by Wyeth (mpv, ) (Entered: 05/24/2004)
05/27/2004103THIRD AMENDED COMPLAINT against Glaxosmithkline Biologicals S A, GDL International Inc, Adventis Pasteur SA, Aventis Pasteur Inc, Eli Lilly and Company, Glaxosmithkline, Merck & Co Inc, Wyeth , filed by Vera Easter, Glaxosmithkline Biologicals S A.(mpv, ) (Entered: 06/01/2004)
05/27/2004 Summons Issued as to GDL International Inc, Glaxosmithkline Biologicals S A. (mpv, ) (Entered: 06/01/2004)
05/28/2004102 UNOPPOSED MOTION to Substitute Attorney Jeffery Kruse in place of M. Scott Michelman as atty in charge by Eli Lilly and Company. (Attachments: # 1 Text of Proposed Order)(sm, ) (Entered: 05/28/2004)
05/28/2004104NOTICE/CERTIFICATE of Interested Parties by Vera Easter (mpv, ) (Entered: 06/01/2004)
05/28/2004105 MOTION to Appoint Guardian ad Litem by Vera Easter. (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 06/01/2004)
05/28/2004106NOTICE of Disclosure by Vera Easter (mpv, ) (Entered: 06/01/2004)
06/01/2004107APPLICATION to Appear Pro Hac Vice by Attorney Deborah A Moeller for Eli Lilly and Company. (mpv, ) (Entered: 06/01/2004)
06/01/2004 Pro Hac Vice Filing fee paid by Deborah A Moeller; Fee: $25, receipt number: 102382 (mpv, ) (Entered: 06/01/2004)
06/01/2004108APPLICATION to Appear Pro Hac Vice by Attorney Marie S Woodbury for Eli Lilly and Company. (mpv, ) (Entered: 06/01/2004)
06/01/2004 Pro Hac Vice Filing fee paid by Marie S Woodbury; Fee: $25, receipt number: 102381 (mpv, ) (Entered: 06/01/2004)
06/01/2004109 MOTION to Compel deposition testimony of Kenneth Guito by Vera Easter. (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 06/01/2004)
06/02/2004110RESPONSE to Motion re 105 MOTION to Appoint Guardian Ad Litem ad Litem filed by Glaxosmithkline, Glaxosmithkline Biologicals S A. (sm, ) (Entered: 06/03/2004)
06/04/2004111 MOTION for Protective Order and Memorandum in Support of by Adventis Pasteur SA. (mrm, ) Additional attachment(s) added on 6/9/2004 (mrm, ). (Entered: 06/09/2004)
06/07/2004112NOTICE of Disclosure by Adventis Pasteur SA (mrm, ) (Entered: 06/09/2004)
06/07/2004113NOTICE of Disclosure by Aventis Pasteur Inc (mrm, ) (Entered: 06/09/2004)
06/09/2004114 MOTION for Leave to File amended complaint by Vera Easter. (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 06/09/2004)
06/10/2004115 ANSWER to SECOND (sic THIRD) Amended Complaint by Eli Lilly and Company.(mpv, ) (Entered: 06/10/2004)
06/10/2004116 ANSWER to THIRD Amended Complaint and JURY DEMAND by Wyeth.(mpv, ) (Entered: 06/10/2004)
06/14/2004117ORDER granting 102 Motion to Substitute Attorney Jeffrey A Kurse be substituted as atty-in-charge for Dft Eli Lilly & Co in place of M Scott Michelman in this matter. . Signed by Judge T. John Ward on 6/10/04. (mpv, ) (Entered: 06/14/2004)
06/14/2004118ORDER granting 46 Motion to Substitute Attorney Dana C Fox in this cause as atty of record for Pla and that Melissa C Katz be allowed to withdraw as Pla's atty of record. Attorney Melissa Casey Katz terminated . Signed by Judge T. John Ward on 6/10/04. (mpv, ) (Entered: 06/14/2004)
06/14/2004119ORDER granting 95 Motion to Dismiss Pla's causes of action against Dft BAYER Corporation. IT IS ORDERED by the Court that all of Pla's causes of action against only Dft BAYER CORPORATION hereby is dismissed without prejudice to the refiling of same, with all court costs to be taxed against Pla.. Signed by Judge T. John Ward on 6/9/04. (mpv, ) (Entered: 06/14/2004)
06/14/2004120ORDER granting 93 Motion to Dismiss without prejudice Pla's causes of action against Dfts Johnson & Johnson and Ortho-Clinical Diagnostics. IT IS ORDERED by the Court that all of Pla's causes of action against only Dfts Johnson & Johnson Consumer Companies and Ortho-Clinical Diagnostics hereby are dismissed without prejudice to the refiling of same, with all court costs to be taxed against Pla.. Signed by Judge T. John Ward on 6/9/04. (mpv, ) (Entered: 06/14/2004)
06/14/2004121ORDER finding as moot 39 Motion to Dismiss for Lack of Jurisdiction, granting 94 Motion to Dismiss without prejudice Pla's causes of action against Dft GLAXOSMITHKLINE, SA/NV. IT IS ORDERED by the Court that all of Pla's causes of action against only Dft GLAXOSMITHKLINE, SA/NV hereby is dismissed without rejudice to the refiling of same, with all court costs to be taxed against Pla. . Signed by Judge T. John Ward on 6/9/04. (mpv, ) (Entered: 06/14/2004)
06/14/2004122 ANSWER to THIRD Amended Complaint by Merck & Co Inc.(mpv, ) (Entered: 06/14/2004)
06/14/2004123 MOTION to Withdraw 109 MOTION to Compel by Vera Easter. (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 06/15/2004)
06/21/2004124ORDER withdrawing/finding as moot 109 Motion to Compel, granting 123 Motion to Withdraw . Signed by Judge T. John Ward on 6/18/04. (mpv, ) Modified on 6/21/2004 (mpv, ). (Entered: 06/21/2004)
06/21/2004125ORDER granting 114 Motion for Leave to File Third Amended Complaint. The Court GRANTS the motion and orders the clerk's office to file Pla's Third Amended Complaint as the current live pleading.. Signed by Judge T. John Ward on 6/18/04. (mpv, ) (Entered: 06/21/2004)
06/24/2004126 ANSWER and Affirmative Defenses to THIRD Amended Complaint by Aventis Pasteur Inc.(mpv, ) (Entered: 06/24/2004)
06/25/2004127 ANSWER to Third Amended Complaint by Adventis Pasteur SA.(mpv, ) (Entered: 06/28/2004)
06/28/2004128SUMMONS Returned Executed via certified mail by Vera Easter. GDL International Inc served on 6/7/2004, answer due 6/27/2004. (mpv, ) (Entered: 06/30/2004)
06/28/2004129SUMMONS Returned Executed via certified mail by Vera Easter. Glaxosmithkline Biologicals S A served on 6/7/2004, answer due 6/27/2004. (mpv, ) (Entered: 06/30/2004)
06/30/2004130 ANSWER to Third Amended Complaint by Glaxosmithkline Biologicals S A.(sm, ) (Entered: 07/02/2004)
06/30/2004131 ANSWER to Third Amended Complaint by Glaxosmithkline.(sm, ) (Entered: 07/02/2004)
07/14/2004135NOTICE (Filed in Marshall) of Attorney Appearance of Joe Cox and request for service of papers by Vera Easter (Unable to add in Atty Joe Cox due to not being admitted to practice in the Eastern Dist of TX, no Pro Hac Vice on file) (mpv, ) (Entered: 07/21/2004)
07/16/2004132APPLICATION to Appear Pro Hac Vice by Attorney Tom Powers for Vera Easter. (mpv, ) (Entered: 07/21/2004)
07/16/2004 Pro Hac Vice Filing fee paid by Tom Powers; Fee: $25, receipt number: 102446 (mpv, ) (Entered: 07/21/2004)
07/16/2004133APPLICATION to Appear Pro Hac Vice by Attorney Michael Williams for Vera Easter. (mpv, ) (Entered: 07/21/2004)
07/16/2004 Pro Hac Vice Filing fee paid by Michael Williams; Fee: $25, receipt number: 102447 (mpv, ) (Entered: 07/21/2004)
07/16/2004134FILED IN MARSHALL NOTICE of Designation of Dana C. Fox as atty in charge by Vera Easter (sm, ) (Entered: 07/21/2004)
07/16/2004141 MOTION to Compel Production of Relevant Documents, Motion to Compel Adequate Privilege Logs and Request for in Camera Inspection of Documents by Vera Easter. (mrm, ) Modified on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ). Additional attachment(s) added on 3/10/2005 (mpv, ). (Entered: 07/22/2004)
07/19/2004136NOTICE of Attorney Appearance and request for service of papers by John Hoosnik Kim on behalf of Vera Easter (mpv, ) (Entered: 07/21/2004)
07/19/2004137NOTICE of Attorney Appearance and request for service of papers by Tom Powers on behalf of Vera Easter (mpv, ) (Entered: 07/21/2004)
07/19/2004138NOTICE of Attorney Appearance and request for service of papers by Michael Williams on behalf of Vera Easter (mpv, ) (Entered: 07/21/2004)
07/19/2004139NOTICE of Attorney Appearance and request for service of papers for Atty Marc Weingarten by Vera Easter (mpv, ) (Entered: 07/21/2004)
07/19/2004140APPLICATION to Appear Pro Hac Vice by Attorney Marc Weingarten for Vera Easter. (mpv, ) (Entered: 07/22/2004)
07/19/2004 Pro Hac Vice Filing fee paid by Marc Weingarten; Fee: $25, receipt number: 103505 (mpv, ) (Entered: 07/22/2004)
07/23/2004142NOTICE of Attorney Appearance and Request for Service of Papers for Atty Steve Knowlton by Vera Easter (Steve Knowlton not added due to not being admitted to practice in the Eastern Dist of TX; no PHV application submitted) (mpv, ) (Entered: 07/23/2004)
07/23/2004143 MOTION/REQUEST for Hearing re 141 MOTION to Compel by Vera Easter. (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 07/23/2004)
07/26/2004144APPLICATION to Appear Pro Hac Vice by Attorney Joseph B Cox for Vera Easter. (mpv, ) (Entered: 07/27/2004)
07/26/2004 Pro Hac Vice Filing fee paid by Joseph B Cox Jr; Fee: $25, receipt number: 103510 (mpv, ) (Entered: 07/27/2004)
07/26/2004145APPLICATION to Appear Pro Hac Vice by Attorney Steve Knowlton for Vera Easter. (mpv, ) (Entered: 07/27/2004)
07/26/2004146AMENDED NOTICE of Attorney Appearance and request for service of papers of Steve Knowlton by Vera Easter (mpv, ) (Entered: 07/27/2004)
07/26/2004 Pro Hac Vice Filing fee paid by Steve Knowlton; Fee: $25, receipt number: 103511 (mpv, ) (Entered: 07/27/2004)
07/27/2004147APPLICATION to Appear Pro Hac Vice by Attorney Christopher P Gramling for Eli Lilly and Company. (rml, ) (Entered: 07/27/2004)
07/27/2004 Filing fee: $ 25.00, receipt number 103514 (rml, ) (Entered: 07/27/2004)
07/28/2004148 MOTION for Extension of Time to File UNOPPOSED MOTION TO EXTEND TIME TO FILE A RESPONSE TO PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF RELEVANT DOCUMENTS, MOTION TO COMPEL ADEQUATE PRIVILEGE LOGS AND REQUEST FOR IN CAMERA INSPECTION OF DOCUMENTS by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Text of Proposed Order)(Hill, Jack) (Entered: 07/28/2004)
07/28/2004149APPLICATION to Appear Pro Hac Vice by Attorney Tamar P Halpern for Glaxosmithkline and Glaxosmithkline Biologicals S A. (mpv, ) (Entered: 07/30/2004)
07/28/2004 Pro Hac Vice Filing fee paid by Tamar P Halpern; Fee: $25, receipt number: 103515 (mpv, ) (Entered: 07/30/2004)
08/02/2004150 MOTION to Withdraw as Attorney R Jo Reser by Aventis Pasteur Inc. (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 08/03/2004)
08/04/2004151NOTICE of Disclosure of Interested Persons by Glaxosmithkline Biologicals S A (mpv, ) (Entered: 08/04/2004)
08/05/2004152 MOTION to Compel Vaccine Defendants Motion to Compel Relevant Documents by Aventis Pasteur Inc, Glaxosmithkline, Glaxosmithkline Biologicals S A, Merck & Co Inc, Wyeth. (Attachments: # 1 Exhibit Exhibits 1 - 3 to Motion to Compel# 2 Text of Proposed Order)(Maloney, Collin) (Entered: 08/05/2004)
08/06/2004153ORDER granting 148 Motion for Extension of Time to File to file a response to Pla's motion to compel production of relevant documents, motion to compel adequate privilege logs and request for In Camera inspection of documents until 8/16/04. Signed by Judge T. John Ward on 8/3/04. (mpv, ) (Entered: 08/06/2004)
08/06/2004154ORDER GRANTING re 148 MOTION for Extension of Time to File UNOPPOSED MOTION TO EXTEND TIME TO FILE A RESPONSE TO PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF RELEVANT DOCUMENTS, MOTION TO COMPEL ADEQUATE PRIVILEGE LOGS AND REQUEST FOR IN CAMERA INSPECTION OF DOCUMENT filed by Glaxosmithkline, Glaxosmithkline Biologicals S A (SEE DOC 153 Computer failed and Order did not send). Signed by Judge T. John Ward on 8/3/04. (mpv, ) (Entered: 08/06/2004)
08/11/2004155 MOTION for Summary Judgment by Adventis Pasteur SA. (Attachments: # 1 Text of Proposed Order)(Chambers, James) (Entered: 08/11/2004)
08/12/2004156 MOTION to Quash Subpoena by Vera Easter. (Attachments: # 1 Text of Proposed Order)(sm, ) (Entered: 08/12/2004)
08/13/2004157ORDER granting 150 Motion to Withdraw as Attorney. Attorney Rebecca Jo Reser terminated, Atty Dennis Chambers shall remain as Atty-In-Charge for Aventis Pasteur Inc. Signed by Judge T. John Ward on 8/11/04. (mpv, ) (Entered: 08/16/2004)
08/13/2004158ORDER granting 143 Motion for Hearing on #141 and accordingly sets oral argument to be heard at the US Courthouse in Marshall, TX on 9/1/04 at 10:00 a.m. At the hearing, the Court will also hear argument on the Vaccine Dfts' motion to Compel Relevant Documents #152. Signed by Judge T. John Ward on 8/11/04. (mpv, ) (Entered: 08/16/2004)
08/13/2004 Set/Reset Deadlines as to 141 MOTION to Compel, 152 MOTION to Compel Vaccine Defendants Motion to Compel Relevant Documents. Motion Hearing set for 9/1/2004 10:00 AM in Ctrm 106 (Marshall) before Judge T. John Ward. (mpv, ) (Entered: 08/16/2004)
08/16/2004159RESPONSE in Opposition re 141 MOTION to Compel Production of Relevant Documents, Motion to Compel Adequate Privilege Logs and Request for In Camera Inspection of Documents filed by Merck & Co Inc. (Attachments: # 1 Text of Proposed Order Order Denying Plaintiff's Motion to Compel Production of Documents)(Josephson, Richard) (Entered: 08/16/2004)
08/16/2004160NOTICE of Hearing: Telephone conference re: discovery disputes set for 8/18/2004 10:00 AM before Judge T. John Ward. (shd, ) (Entered: 08/16/2004)
08/16/2004161NOTICE by Glaxosmithkline, Glaxosmithkline Biologicals S A Documents Submitted Under Seal For In Camera Inspection (Maloney, Collin) (Entered: 08/16/2004)
08/16/2004162RESPONSE to Motion re 141 MOTION to Compel Production of Relevant Documents, Motion to Compel Adequate Privilege Logs and Request for In Camera Inspection of Documents filed by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A, B, C# 3 Exhibit D, E, F, G# 4 Exhibit H, I)(Maloney, Collin) (Entered: 08/16/2004)
08/16/2004163RESPONSE in Opposition re 141 MOTION to Compel production of relevant documents, motion to compel adequate privilege logs and request for In Camera Inspection of Documents filed by Wyeth. (mpv, ) (Entered: 08/17/2004)
08/16/2004164RESPONSE to Motion re 141 MOTION to Compel production of relevant documents, motion to compel adequate privilege logs and Request for In Camera Inspection of Documents filed by Eli Lilly and Company. (mpv, ) (Entered: 08/17/2004)
08/16/2004165RESPONSE to Motion re 141 MOTION to Compel to compel production of relevant documents, motion to compel adequate privilege logs, and request for In Camera Inspection of Documents filed by Aventis Pasteur Inc. (Attachments: # 1 Exhibit 1 - 5 # 2 Exhibit 6 (1st half) # 3 Exhibit 6 (2nd Half )# 4 Exhibit 7 # 5 Exhibit SEALED # 6 Text of Proposed Order)(mpv, ) Additional attachment(s) added on 8/18/2004 (mpv, ). (Entered: 08/17/2004)
08/18/2004166NOTICE of Hearing:TELEPHONE CONFERENCE set for 8/18/2004 10:00 AM before Judge T. John Ward is CANCELLED.(shd, ) (Entered: 08/18/2004)
08/18/2004167VACATED ORDER granting in part and denying in part 156 Motion to Quash Subpoena Duces Tecum. Accordingly, Pla's motion is GRANTED IN PART AND DENIED IN PART in that request #4, as worded, is quashed; the remainder of subpoena duces tecum is not quashed; and request #4 is amended to read, "All documents sent by you or at your request to any defendant in this lawsuit." Signed by Judge T. John Ward on 8/17/04. (mpv, ) Modified on 8/24/2004 (sm, ). VACATED per #174 (Entered: 08/19/2004)
08/18/2004168 MOTION to withdraw 156 MOTION to Quash subpoena duces tecum by Vera Easter. (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 08/19/2004)
08/19/2004169 WITHDRAWN MOTION for Hearing Defendant SmithKline Beecham Corporation D/B/A Glaxosmithkline's and Glaxosmithkline Biologicals S.A.'s Motion to Reschedule September 1 Hearing by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Exhibit Exhibit A - E# 2 Text of Proposed Order)(Maloney, Collin) Modified on 9/7/2004 (sm, ). WITHDRAWN per #188 (Entered: 08/19/2004)
08/19/2004170NOTICE by Glaxosmithkline, Glaxosmithkline Biologicals S A Supplemental Agreed Confidentiality Order (Maloney, Collin) (Entered: 08/19/2004)
08/20/2004171 MOTION to Quash videotaped portion of Wyeths notice of intention to take deposition of Vera Easter by Vera Easter. (Attachments: # 1 Text of Proposed Order)(sm, ) (Entered: 08/20/2004)
08/20/2004172RESPONSE in Opposition re 171 MOTION to Quash filed by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 08/20/2004)
08/20/2004173AFFIDAVIT in Opposition re 141 MOTION to Compel filed by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Maloney, Collin) (Entered: 08/20/2004)
08/24/2004174ORDER denying as MOOT168 Motion to withdraw pla motion to quash and VACATES #167 order. Signed by Judge T. John Ward on 8/23/2004. (sm, ) (Entered: 08/24/2004)
08/24/2004175ORDER denying 171 Motion to Quash . Signed by Judge T. John Ward on 8/23/2004. (sm, ) (Entered: 08/24/2004)
08/24/2004176SUPPLEMENTAL AGREED CONFIDENTIALITY ORDER . Signed by Judge T. John Ward on 8/23/2004. (sm, ) (Entered: 08/24/2004)
08/25/2004177 MOTION to Withdraw Pla motion to quash videotaped portion of Wyeths Notice of Intention to Take the Oral and Videotaped Deposition of Vera Easter by Vera Easter. (Attachments: # 1 Text of Proposed Order)(sm, ) (Entered: 08/25/2004)
08/26/2004178RESPONSE in Opposition re 169 MOTION for Hearing Defendant SmithKline Beecham Corporation D/B/A Glaxosmithkline's and Glaxosmithkline Biologicals S.A.'s Motion to Reschedule September 1 Hearing filed by Vera Easter. (sm, ) (Entered: 08/26/2004)
08/26/2004179 MOTION to Withdraw 169 MOTION for Hearing Defendant SmithKline Beecham Corporation D/B/A Glaxosmithkline's and Glaxosmithkline Biologicals S.A.'s Motion to Reschedule September 1 Hearing by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 08/26/2004)
08/27/2004180ORDER granting 111 Motion for Protective Order and accordingly Aventis Pasteur is relieved of the obligation to comply with any of the disclosure requirements of Courts amended discovery order . Signed by Judge T. John Ward on 8/25/2004. (sm, ) (Entered: 08/27/2004)
08/27/2004181 MOTION to Dismiss without prejudice pla causes of action against Dft Aventis Pasteur by Vera Easter. (Attachments: # 1 Text of Proposed Order)(sm, ) (Entered: 08/27/2004)
08/31/2004184APPLICATION to Appear Pro Hac Vice by Attorney David L Boman for Eli Lilly and Company. (mpv, ) (Entered: 09/02/2004)
08/31/2004 Pro Hac Vice Filing fee paid by David L Boman; Fee: $25, receipt number: 103566 (mpv, ) (Entered: 09/02/2004)
09/01/2004182Minute Entry for proceedings held before Judge T. John Ward : Motion Hearing held on 9/1/2004 re 141 MOTION to Compel filed by Vera Easter. (Court Reporter Shea Sloan.) (shd, ) (Entered: 09/02/2004)
09/02/2004183 MOTION to Compel Order by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Maloney, Collin) Modified on 9/7/2004 (sm, ). Contacted atty that the PDF document on this entry is the proposed order instead of motion so they need to docket the motion) (Entered: 09/02/2004)
09/03/2004185 MOTION for Summary Judgment Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims by Glaxosmithkline Biologicals S A. Responses due by 9/15/2004 (Attachments: # 1 Exhibit Exhibits 1-3# 2 Exhibit Exhibit 4# 3 Exhibit Exhibit 5# 4 Text of Proposed Order)(Hill, Jack) (Entered: 09/03/2004)
09/03/2004 Contacted atty filing #183 and informed atty that the PDF document to this motion is the proposed order only so need to redocket the motion to attach the complete file document (sm, ) (Entered: 09/07/2004)
09/07/2004186NOTICE of Proposed Order by Glaxosmithkline, Glaxosmithkline Biologicals S A re 152 MOTION to Compel Vaccine Defendants Motion to Compel Relevant Documents Agreed Order on Motion to Compel--- replaces Document #183 (Maloney, Collin) Modified on 9/9/2004 (sm, ). (Entered: 09/07/2004)
09/07/2004187AGREED ORDER RE: Pla motion to compel production of relevant documents and FURTHER ORDERED that mandatory disclosure requirements in paragraph 3 of Courts Amended Discovery Order are no longer in effect (no motion was filed by atty). Signed by Judge T. John Ward on 9/3/2004. (sm, ) (Entered: 09/07/2004)
09/07/2004188ORDER granting 179 Motion to Withdraw withdrawing #169 motion. Signed by Judge T. John Ward on 9/2/2004. (sm, ) (Entered: 09/07/2004)
09/07/2004189ORDER granting 181 Motion to Dismiss Dft Aventis Pasteur. Signed by Judge T. John Ward on 9/2/2004. (sm, ) (Entered: 09/07/2004)
09/07/2004 Terminated Dft Aventis per #189 order (sm, ) (Entered: 09/07/2004)
09/07/2004190***FILED IN ERROR REPLACES #188- CORRECTED ORDER re 188 Order on Motion to Withdraw . Signed by Judge T. John Ward on 9/2/2004. (sm, ) Modified on 9/7/2004 (sm, ). (Entered: 09/07/2004)
09/08/2004191Proposed MOTION for Extension of Time to File Response/Reply as to 185 MOTION for Summary Judgment Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims by Vera Easter. (Attachments: # 1 Text of Proposed Order ORDER ON PLAINTIFF?S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO DEFENDANTS? MOTIONS FOR RECONSIDERATION)(Fox, Dana) Modified on 9/9/2004 (sm, ). CONTACTED ATTY TO FILE ANOTHER MOTION DUE TO THIS PLEADING WAS UNSIGNED (Entered: 09/08/2004)
09/08/2004192Proposed MOTION for Extension of Time to File Response/Reply as to 185 MOTION for Summary Judgment REPLACES DOCUMENT 191Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims Replaces Document 191 by Vera Easter. (Attachments: # 1 Text of Proposed Order ORDER ON PLAINTIFFS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO DEFENDANTS MOTIONS FOR RECONSIDERATION)(Fox, Dana) Modified on 9/10/2004 (sm, ). (Entered: 09/08/2004)
09/09/2004 NOTICE to atty (DOCUMENT UNSIGNED and NEEDS TO BE REDOCKETED) re 191 Proposed MOTION for Extension of Time to File Response/Reply as to 185 MOTION for Summary Judgment Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Ma (sm, ) (Entered: 09/09/2004)
09/14/2004193 MOTION Entry of Agreed Order on Vaccine Defendants' Motion to Compel Production of Relevant Documents by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1)(Maloney, Collin) (Entered: 09/14/2004)
09/15/2004194 MOTION To Release Documents Submitted For In Camera Review (Unopposed) by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 09/15/2004)
09/15/2004195 MOTION for Default Judgment as to Defendant GDL International, Inc. by Vera Easter. (Attachments: # 1 Text of Proposed Order Order on Plaintiffs Motion for Default Judgment# 2 Request for Oral Argument on Plaintiffs Motion for Default Judgment# 3 Exhibit Exhibit A# 4 Affidavit Affidavit of Dana C. Fox)(Fox, Dana) (Entered: 09/15/2004)
09/21/2004196 MOTION Release Documents Submitted For In Camera Review by Aventis Pasteur Inc. (Chambers, James) Additional attachment(s) added on 9/22/2004 (sm, ). (Entered: 09/21/2004)
09/22/2004197 MOTION to Compel Full and Complete Responses to Interrogatories by Eli Lilly and Company. (Attachments: # 1 Exhibit 1, 31 pgs# 2 Exhibit 2, 13 pgs.# 3 Exhibit 3, 15 pgs.# 4 Exhibit 4, 3 pgs.# 5 Exhibit 5, 3 pgs.# 6 Text of Proposed Order)(Miller, A) Modified on 9/29/2004 (sm, ). TERMED per filing of #198 (Entered: 09/22/2004)
09/27/2004198Amended MOTION to Compel CORRECTING/RELATING TO #197 TO CORRECT cert of conference only Full and Complete Responses to Interrogatories by Eli Lilly and Company . (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Text of Proposed Order)(Miller, A) Modified on 9/27/2004 (sm, ). (Entered: 09/27/2004)
09/29/2004199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) by Wyeth. (Attachments: # 1 Affidavit Declaration of Dennis J. Foley, dated September 24, 2004# 2 Exhibit Exhibit Index for the Declaration of Dennis J. Foley# 3 Exhibit Exhibit A to Declaration of Foley# 4 Exhibit Exhibit B to Declaration of Foley# 5 Exhibit Exhibit C to Declaration of Foley# 6 Exhibit Exhibit D to Declaration of Foley# 7 Exhibit Exhibit E to Declaration of Foley# 8 Exhibit Exhibit F to Declaration of Foley# 9 Exhibit Exhibit G to Declaration of Foley# 10 Exhibit Exhibit H to Declaration of Foley# 11 Exhibit Exhibit I to Declaration of Foley# 12 Exhibit Exhibit J to Declaration of Foley# 13 Exhibit Exhibit K to Declaration of Foley# 14 Exhibit Exhibit L to Declaration of Foley# 15 Exhibit Exhibit M to Declaration of Foley# 16 Exhibit Exhibit N to Declaration of Foley# 17 Exhibit Exhibit O to Declaration of Foley# 18 Exhibit Exhibit P to Declaration of Foley# 19 Exhibit Exhibit Q to Declaration of Foley# 20 Exhibit Exhibit R to Declaration of Foley# 21 Exhibit Exhibit S to Declaration of Foley# 22 Exhibit Exhibit T to Declaration of Foley# 23 Exhibit Exhibit U to Declaration of Foley# 24 Affidavit Declaration of Daniel J. Thomasch, dated September 29, 2004# 25 Exhibit Exhibit A to Declaration of Thomasch# 26 Exhibit Exhibit B to Declaration of Thomasch# 27 Exhibit Exhibit C to Declaration of Thomasch# 28 Exhibit Exhibit D to Declaration of Thomasch# 29 Exhibit Exhibit E to Declaration of Thomasch# 30 Exhibit Exhibit F to Declaration of Thomasch# 31 Exhibit Exhibit G to Declaration of Thomasch# 32 Exhibit Exhibit H to Declaration of Thomasch# 33 Exhibit Exhibit I to Declaration of Thomasch# 34 Text of Proposed Order Order Granting Motion of Defendant Wyeth for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b))(Klatt, Michael) Modified on 9/29/2004 (ehs, ). Additional attachment(s) added on 10/1/2004 (Attachment #31 - Exhibit G replaced as Original Exhibit G document was damaged (ehs, ). Modified on 10/1/2004 (ehs, ). (Entered: 09/29/2004)
10/01/2004200RESPONSE to Motion re 185 MOTION for Summary Judgment Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims filed by Vera Easter. (Attachments: # 1 Exhibit Exhibit 1 - Immunization Safety Review ? Thimerosal- Containing Vaccines and Neurodevelopmental Disorders, Institute of Medicine# 2 Exhibit Exhibit 2 - Joint Statement (concerning Thimerosal) of the American Academy of Pediatrics (AAP) and the U.S. Public Health Service (PHS), July 7, 1999# 3 Exhibit Exhibit 3 - Joint Statement Concerning Removal of Thimerosal from Vaccines, June 22, 2000# 4 Exhibit Exhibit 4 - K.A. Winship, ?Organic mercury compounds and their toxicity,? 1986 Adv. Drug Rsch. Ac. Pois Rev. 141, 171 (1966)# 5 Exhibit Exhibit 5 - ?Single-dose versus multi-dose vaccine vials for immunization programmes in developing countries,? World Health Organization Bulletin, 2003# 6 Exhibit Exhibits 6 - 21 CFR 314.70, 1999 version# 7 Exhibit Exhibit 7 - 21 CFR 314.70, current version# 8 Text of Proposed Order Order on Plaintiffs Response to Motion for Partial Summary Judgment as to Design Defect and Warnings Claims and Motion to Strike Allegations Pursuant to Rules 9(b)(6), and 12(f) as to Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims)(Fox, Dana) (Entered: 10/01/2004)
10/04/2004201NOTICE of Attorney Appearance by Dana Casselli Fox on behalf of Vera Easter (Fox, Dana) Modified on 10/4/2004 (sm, ). IGNORE DOCUMENT (Entered: 10/04/2004)
10/04/2004202NOTICE of Attorney Appearance by Dana Casselli Fox on behalf of Vera Easter (Fox, Dana) Modified on 10/4/2004 (sm, ). IGNORE DOCUMENT (Entered: 10/04/2004)
10/04/2004 ***FILED IN ERROR DUE TO MUST BE FILED BY ATTY THAT IS APPEARING IN CASE. Document # 201 and 202, Notice of Atty Appearance. PLEASE IGNORE DUE TO WILL BE REFILED.***

(sm, ) (Entered: 10/04/2004)
10/04/2004205TRANSCRIPT of Proceedings held on September 1, 2004 before Judge Thomas Ward. Court Reporter: Shea Sloan RE: motion hearing. (sm, ) (Entered: 10/06/2004)
10/05/2004203APPLICATION to Appear Pro Hac Vice by Attorney Karen A Read for Eli Lilly and Company. (rml, ) (Entered: 10/05/2004)
10/05/2004 Pro Hac Vice Filing fee paid by Karen Read; Fee: $25, receipt number: 103604 (rml, ) (Entered: 10/05/2004)
10/05/2004204NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of Vera Easter (Smith, Melissa) (Entered: 10/05/2004)
10/06/2004206APPLICATION to Appear Pro Hac Vice by Attorney Joseph Evall for Wyeth. (rml, ) (Entered: 10/06/2004)
10/06/2004 Pro Hac Vice Filing fee paid by Joseph Evall; Fee: $25, receipt number: 103605 (rml, ) (Entered: 10/06/2004)
10/07/2004207APPLICATION to Appear Pro Hac Vice by Attorney Jonathan Smith-George for Vera Easter. (rml, ) (Entered: 10/07/2004)
10/07/2004 Pro Hac Vice Filing fee paid by Jonathan Smith-George; Fee: $25, receipt number: 103606 (rml, ) (Entered: 10/07/2004)
10/07/2004208RESPONSE in Opposition re 198 Amended MOTION to Compel Full and Complete Responses to Interrogatories filed by Vera Easter. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3)(Fox, Dana) (Entered: 10/07/2004)
10/07/2004209 MOTION for Extension of Time to File A Reply in Further Support of Their Motion For Summary Judgment and Motion to Strike by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 10/07/2004)
10/08/2004210 MOTION for Extension of Time to File Response/Reply as to 199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) (Agreed) by Wyeth. (Attachments: # 1 Text of Proposed Order)(Klatt, Michael) (Entered: 10/08/2004)
10/13/2004211ORDER granting 209 Motion for Extension of Time to File, granting 210 Motion for Extension of Time to File Response/Reply re 185 MOTION for Summary Judgment Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims, 199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) Responses due by 10/18/2004 for GlaxoSmithKline re: 185, Responses due by 11/3/04 for Pla to respond to #199; Wyeth's Replies due by 11/17/2004. Signed by Judge T. John Ward on 10/13/04. (mpv, ) (Entered: 10/13/2004)
10/13/2004212NOTICE of Attorney Appearance by Gene M Williams on behalf of Eli Lilly and Company (Williams, Gene) (Entered: 10/13/2004)
10/14/2004213RESPONSE in Support re 198 Amended MOTION to Compel Full and Complete Responses to Interrogatories Reply in Support of its Motion to Compel filed by Eli Lilly and Company. (Attachments: # 1 Exhibit A)(Miller, A) (Entered: 10/14/2004)
10/18/2004214 MOTION for Leave to File Excess Pages by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 10/18/2004)
10/18/2004215REPLY to Response to Motion re 185 MOTION for Summary Judgment Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims filed by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Exhibit Exhibits A and B)(Maloney, Collin) (Entered: 10/18/2004)
10/25/2004216*** FILED IN ERROR PLEASE IGNORE. SEE DOCUMENT #217 FOR CORRECT DOCUMENT***
REPLY to Response to Motion re 185 MOTION for Summary Judgment Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims ; Plaintiffs' Sur-Reply in Opposition to Vaccine Defendants' Motion for Partial Summary Judgment and Motion to Strike filed by Vera Easter. (Fox, Dana) Modified on 10/26/2004 (mpv, ). (Entered: 10/25/2004)
10/26/2004217REPLY to Response to Motion re 185 MOTION for Summary Judgment Partial Summary Judgment As To Design Defect and Warning Claims and Motion to Strike Allegations Pursuant To Rules 9(b), 12(b)(6), And 12(f) As To Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims ; Plaintiffs' Sur-Reply in Opposition to Vaccine Defendants' Motion for Partial Summary Judgment and Motion to Strike filed by Vera Easter. (Fox, Dana) (Entered: 10/26/2004)
10/26/2004 ***FILED IN ERROR. Document # 216 (Not Signed), Reply to Response to Motion For Summary Judgement #185. PLEASE IGNORE. SEE DOCUMENT #217 for CORRECT DOCUMENT ***

(mpv, ) (Entered: 10/26/2004)
10/27/2004218 MOTION for Extension of Time to File Response/Reply as to 199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) by Vera Easter. (Attachments: # 1 Text of Proposed Order)(Fox, Dana) (Entered: 10/27/2004)
11/01/2004219 MOTION for Leave to File Rebuttal in Further Support of Vaccine Defendants' Motion for Partial Summary Judgment as to Design Defect and Warnings Claims and Motion to Strike Allegations Pursuant to Rules 9(B), 12(B)(6) and 12(F) as to Marketing Defect, Fraud and Conspiracy, and Punitive Damages Claims by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Text of Proposed Order # 2 Vaccine Defendants' Rebuttal in Further Support of Motion for Partial Summary Judgment as to Design Defect and Warnings Claims and Motion to Strike Allegations Pursuant to Rules 9(B), 12(B)(6) and 12(F) as to Marketing Defect, Fraud and Conspiracy, and)(Maloney, Collin) (Entered: 11/01/2004)
11/05/2004220RESPONSE in Opposition re 199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) Plaintiffs' Opposition to Defendant Wyeth's Motion for Summary Judgment Pursuant to Fed.R.Civ.P. 56(b) filed by Vera Easter. (Attachments: # 1 Affidavit Declaration of Charles S Siegel)(Fox, Dana) (Entered: 11/05/2004)
11/08/2004221***EXHIBITS TO DOCUMENT #220 FILED SEPARATELY DUE TO ATTY NOT HAVING THEM AT TIME RESPONSE WAS FILED***
RESPONSE in Opposition re 199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) ;Plaintiffs' Opposition to Defendant Wyeth's Motion for Summary Judgment Pursuant to Ded.R.Civ.P. 56(b); Declaration of Charles S. Siegel with Exhibits. filed by Vera Easter. (Attachments: # 1 Exhibit Immunization Safety Review ? Thimerosal- Containing Vaccines and Neurodevelopmental Disorders, Institute of Medicine# 2 Exhibit Immunization Safety Review ? Thimerosal- Containing Vaccines and Neurodevelopmental Disorders, Institute of Medicine# 3 Exhibit Joint Statement (concerning Thimerosal) of the American Academy of Pediatrics (AAP) and the U.S. Public Health Service (PHS), July 7, 1999# 4 Exhibit Joint Statement Concerning Removal of Thimerosal from Vaccines, June 22, 2000# 5 Exhibit K.A. Winship, ?Organic mercury compounds and their toxicity,? 1986 Adv. Drug Rsch. Ac. Pois Rev. 141, 171 (1966)# 6 Exhibit ?Single-dose versus multi-dose vaccine vials for immunization programmes in developing countries,? World Health Organization Bulletin, 2003# 7 Exhibit 21 CFR 314.70, 1999 version# 8 Exhibit 21 CFR 314.70, current version)(Fox, Dana) Additional attachment(s) added on 11/9/2004 (mpv, ). Modified on 11/9/2004 (mpv, ). (Entered: 11/08/2004)
11/08/2004222ORDER granting 194 Motion To Release Documents Submitted For In Camera Review. It is further ORDERED that counsel for SmithKline Beecham Corp d/b/a GlaxoSmithKline and GlaxoSmithKline Biologicals are permitted to retrieve the confidential, privileged documents, one set submitted under seal with the clerk on 8/16/04, and the duplicate in camera set submitted to Judge Ward on 8/17/04 . Signed by Judge T. John Ward on 11/8/04. (mpv, ) (Entered: 11/09/2004)
11/08/2004223ORDER granting 214 Motion for Leave to File Excess Pages in reply brief not to exceed eighteen pages of text and attachments. Signed by Judge T. John Ward on 11/8/04. (mpv, ) (Entered: 11/09/2004)
11/10/2004 Returned sealed exhibits to #161 to Judge Ward for attys to pick up per order #222. (mpv, ) (Entered: 11/10/2004)
11/10/2004224 MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order by Vera Easter. (Attachments: # 1 Text of Proposed Order # 2 Appendix # 3 Exhibit 1A# 4 Exhibit 1B# 5 Exhibit 1C# 6 Exhibit 1D# 7 Exhibit 2# 8 Exhibit 3# 9 Exhibit 4# 10 Exhibit 5# 11 Exhibit 6# 12 Exhibit 7# 13 Exhibit 8# 14 Exhibit 9# 15 Exhibit 10# 16 Exhibit 11# 17 Exhibit 12# 18 Exhibit 13# 19 Exhibit 14# 20 Exhibit 15# 21 Exhibit 16# 22 Exhibit 17# 23 Exhibit 18# 24 Exhibit 19# 25 Exhibit 20# 26 Exhibit 21# 27 Exhibit 22# 28 Exhibit 23A# 29 Exhibit 23B# 30 Exhibit 23C# 31 Exhibit 24# 32 Exhibit 25# 33 Exhibit 26# 34 Exhibit 27# 35 Exhibit 28# 36 Exhibit 29# 37 Exhibit 30# 38 Exhibit 31# 39 Exhibit 32# 40 Exhibit 33# 41 Exhibit 34# 42 Exhibit 35# 43 Exhibit 36# 44 Exhibit 37# 45 Exhibit 38# 46 Exhibit 39# 47 Exhibit 40# 48 Exhibit 41# 49 Exhibit 42# 50 Exhibit 43# 51 Exhibit 44# 52 Exhibit 45# 53 Exhibit 46# 54 Exhibit 47# 55 Exhibit 48# 56 Exhibit 49# 57 Exhibit 50# 58 Exhibit 51)(Fox, Dana) (Entered: 11/10/2004)
11/11/2004225 WITHDRAWN MOTION for Leave to File Motion for Leave to Designate One Additional Expert Witness by Eli Lilly and Company. (Attachments: # 1 Text of Proposed Order)(Miller, A) Modified on 12/15/2004 (sm, ). WITHDRAWN per #269 (Entered: 11/11/2004)
11/11/2004226 MOTION to Quash Subpoenas by Adventis Pasteur SA. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Text of Proposed Order)(Chambers, James) (Entered: 11/11/2004)
11/11/2004227 MOTION to Quash Subpoena Duces Tecum of Dr. Mark Geier by Vera Easter. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Text of Proposed Order Order)(Fox, Dana) (Entered: 11/11/2004)
11/12/2004228Amended MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order by Vera Easter. (Attachments: # 1 Appendix Table of Contents# 2 Exhibit 1A# 3 Exhibit 1B# 4 Exhibit 1C# 5 Exhibit 1D# 6 Exhibit 2# 7 Exhibit 3# 8 Exhibit 4# 9 Exhibit 5# 10 Exhibit 6# 11 Exhibit 7# 12 Exhibit 8# 13 Exhibit 9# 14 Exhibit 10# 15 Exhibit 11# 16 Exhibit 12# 17 Exhibit 13# 18 Exhibit 14# 19 Exhibit 15# 20 Exhibit 16# 21 Exhibit 17# 22 Exhibit 18# 23 Exhibit 19# 24 Exhibit 20# 25 Exhibit 21# 26 Exhibit 22# 27 Exhibit 23A# 28 Exhibit 23B# 29 Exhibit 23C# 30 Exhibit 24# 31 Exhibit 25# 32 Exhibit 26# 33 Exhibit 27# 34 Exhibit 28# 35 Exhibit 29# 36 Exhibit 30# 37 Exhibit 31# 38 Exhibit 32# 39 Exhibit 33# 40 Exhibit 34# 41 Exhibit 35# 42 Exhibit 36# 43 Exhibit 37# 44 Exhibit 38# 45 Exhibit 39# 46 Exhibit 40# 47 Exhibit 41# 48 Exhibit 42# 49 Exhibit 43# 50 Exhibit 44# 51 Exhibit 45# 52 Exhibit 46# 53 Exhibit 47# 54 Exhibit 48# 55 Exhibit 49# 56 Exhibit 50# 57 Exhibit 51# 58 Text of Proposed Order)(Fox, Dana) (Entered: 11/12/2004)
11/16/2004229 MOTION for Extension of Time to File Response/Reply as to 228 Amended MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 11/16/2004)
11/16/2004230Joint MOTION to Withdraw Plaintiff?s Subpoenas and to Withdraw Defendants? Motion to Quash Subpoenas by Vera Easter. (Attachments: # 1 Text of Proposed Order)(Fox, Dana) (Entered: 11/16/2004)
11/19/2004231REPLY to Response to Motion re 199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) filed by Wyeth. (Haltom, James) (Entered: 11/19/2004)
11/19/2004232RESPONSE to Motion re 229 MOTION for Extension of Time to File Response/Reply as to 228 Amended MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order filed by Vera Easter. (Attachments: # 1 Text of Proposed Order # 2 Text of Proposed Order)(Fox, Dana) (Entered: 11/19/2004)
11/22/2004233AMENDED ANSWER to Plaintiff's Third 103 Amended Complaint, by Glaxosmithkline Biologicals S A. (Maloney, Collin) (Entered: 11/22/2004)
11/22/2004234***FILED IN ERROR PLEASE IGNORE, SEE #236 FOR CORRECT ENTRY***
MOTION to Withdraw Its Motion for Leave to Designate One Additional Expert Witness by Eli Lilly and Company. (Attachments: # 1 Text of Proposed Order)(Miller, A) Modified on 11/23/2004 (mpv, ). (Entered: 11/22/2004)
11/22/2004235AMENDED ANSWER to Plaintiff's Third 103 Amended Complaint, by Glaxosmithkline. (Maloney, Collin) (Entered: 11/22/2004)
11/23/2004236 MOTION to Withdraw Motion for Leave to Designate One Additional Expert Witness-REPLACES #234 WITH CERTIFICATE OF CONFERENCE INCLUDED by Eli Lilly and Company. (Attachments: # 1 Text of Proposed Order)(Miller, A) (Entered: 11/23/2004)
11/23/2004 ***FILED IN ERROR. Document # 234, Motion to Withdraw Motion. PLEASE IGNORE. SEE DOCUMENT #236 FOR CORRECT DOCUMENT***

(mpv, ) (Entered: 11/23/2004)
11/23/2004237RESPONSE in Opposition re 227 MOTION to Quash Subpoena Duces Tecum of Dr. Mark Geier filed by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Text of Proposed Order # 2 Exhibit 1-8# 3 Exhibit 9)(Maloney, Collin) (Entered: 11/23/2004)
11/24/2004238ORDER granting 229 Motion for Extension of Time to File Response/Reply re 228 Amended MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order Responses due by 12/2/2004. Signed by Judge T. John Ward on 11/24/2004. (sm, ) (Entered: 11/24/2004)
11/29/2004239REPLY to Response to Motion re 199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) filed by Vera Easter. (Attachments: # 1 Exhibit Declaration of C Siegel# 2 Exhibit Francis A. Ellis, Possible Danger in Use of Merthiolate Ophthalmic Ointment, 30 Arch. Ophthalmol. 265 (1943)# 3 Exhibit H.D. Cogswell & Alex Shoun, Reaction Following the Use of Tr. Merthiolate, 5 Arizona Med. 42 (1948)# 4 Exhibit H.D. Cogswell & Alex Shoun, Reaction Following the Use of Tr. Merthiolate, 5 Arizona Med. 42 (1948)# 5 Exhibit J.H.M. Axton, Six Cases of Poisoning After a Parenteral Organic Mercurial Compound (Mertholiate), 48 Postgrad. M.J. 417 (1972)# 6 Exhibit J. Cinca et al., Accidental Ethyl Mercury Poisoning with Nervous System, Skeletal Muscle and Myocardium Injury, 43 Journal of Neurology, Neurosurgery, and Psychiatry, 143, 143-149 (1979)# 7 Exhibit Patricia M. Rodier, Developing Brain as a Target of Toxicity 103 Envtl. Health Perspectives 73, 73-76 (Sept. 1995)# 8 Exhibit A. Kravchenko et al., Evaluation of the Toxic Action of Prophylactic and Therapeutic Preparations of Cell Cultures (1983)# 9 Exhibit Pursuant to the Agreed Confidentiality Order entered in Easter v Am. Home Prods., Civ. Action No. 5:03-CV-141 (E.D. Tex.), this document, designated as Exhibit 8 to the Declaration of Charles Siegel, is not included in the appendix filed with the Clerk# 10 Exhibit Uproar Over a Little-Known Preservative, Thimerosal, Jostles U.S. Hepatitis B Vaccination Policy, Hepatitis Control Report, No. 4-2, Summer 1999# 11 Exhibit Transcript of Testimony of Dr. Halsey from National Academy of Sciences Institute of Medicine Immunization Safety Review Committee, Thimerosal-Containing Vaccines and Neurodevelopmental Outcomes Public Meeting, July 16, 2001, at p. 221.# 12 Exhibit Mark R. Geier & David A. Geier, Thimerosal in Childhood Vaccines, Neurodevelopment Disorders, and Heart Disease in the United States, 8 J. Am. Physicians & Surgeons 6 (Spring 2003)# 13 Exhibit Mark R. Geier & David A. Geier, Neurodevelopmental Disorders after Thimerosal-Containing Vaccines: A Brief Communication (2003)# 14 Exhibit David A. Geier & Mark R. Geier, A Comparative Evaluation of the Effects of MMR Immunization and Mercury Doses from Thimerosal-Containing Childhood Vaccines on the Population Prevalence of Autism, 10 Med. Sci. Monit. PI33, PI33-PI39 (2004))(Fox, Dana) (Entered: 11/29/2004)
11/29/2004240First MOTION for Hearing and Proposed Order by Vera Easter. (Fox, Dana) Additional attachment(s) added on 11/30/2004 (mpv, ). (Entered: 11/29/2004)
12/01/2004241***FILED IN ERROR. PLEASE IGNORE. SEE DOC #243.***

MOTION for leave to continue the deposition of Dr. Mark R. Geier by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) Modified on 12/1/2004 (fal). (Entered: 12/01/2004)
12/01/2004242 ***FILED IN ERROR PLEASE IGNORE, SEE DOCUMENT #244 FOR CORRECT DOCUMENT***
MOTION For Leave to Call Additional Expert Witnesses and Memorandum in Support by Adventis Pasteur SA, Glaxosmithkline Biologicals S A, Merck & Co Inc, Wyeth. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Text of Proposed Order)(Chambers, James) Modified on 12/2/2004 (mpv, ). (Entered: 12/01/2004)
12/01/2004243***REPLACES DOC #241.***

MOTION for leave to continue the deposition of Dr. Mark R. Geier by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Text of Proposed Order # 2 Exhibit numbers 1 through 9)(Maloney, Collin) Modified on 12/1/2004 (fal). (Entered: 12/01/2004)
12/01/2004 ***FILED IN ERROR. PLEASE IGNORE Doc #241, filed without exhibits. Replaced by Doc #243.***(fal) (Entered: 12/01/2004)
12/01/2004 ***FILED IN ERROR. Document # 242, Motion for leave to call additional witnesses (Did not have all exhibits attached). PLEASE IGNORE. SEE DOCUMENT #244 FOR CORRECT DOCUMENT WITH ALL EXHIBITS***

(mpv, ) (Entered: 12/02/2004)
12/02/2004244***REPLACES DOCUMENT #242***
Amended MOTION For Leave to Call Additional Expert Witnesses And Memorandum In Support by Adventis Pasteur SA, Glaxosmithkline Biologicals S A, Merck & Co Inc, Wyeth. (Attachments: # 1 Exhibit 1 (Part One)# 2 Exhibit 1 (Part Two)# 3 Exhibit 2# 4 Exhibit 3 (Part One)# 5 Exhibit 3 (Part Two)# 6 Exhibit 4 (Part One)# 7 Exhibit 4 (Part Two)# 8 Exhibit 5# 9 Exhibit 6 (Part One)# 10 Exhibit 6 (Part Two)# 11 Exhibit 7# 12 Exhibit 8# 13 Text of Proposed Order)(Chambers, James) Modified on 12/2/2004 (mpv, ). (Entered: 12/02/2004)
12/02/2004245 MOTION to Strike Designation of Boyd Haley as a Witness Who May Provide Expert Opinion Testimony by Eli Lilly and Company, Merck & Co Inc, Wyeth. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Affidavit # 5 Text of Proposed Order)(Haltom, James) (Entered: 12/02/2004)
12/02/2004246NOTICE of Hearing:Hearing on all pending discovery related motions set for 12/10/2004 10:00 AM in Ctrm 106 (Marshall) before Judge T. John Ward. (shd, ) (Entered: 12/02/2004)
12/02/2004247RESPONSE to Motion re 228 Amended MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order filed by Wyeth. (Attachments: # 1 Exhibit Exhibits A-C)(Klatt, Michael) (Entered: 12/02/2004)
12/02/2004248RESPONSE to Motion re 224 MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order filed by Adventis Pasteur SA. (Attachments: # 1 Exhibit A# 2 Exhibit B (Part One)# 3 Exhibit B (Part Two)# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E)(Chambers, James) (Entered: 12/02/2004)
12/02/2004249 ***FILED IN ERROR PLEASE IGNORE SEE DOCUMENT #251 FOR CORRECT ENTRY***
MOTION for Leave to File Excess Pages re: Response to Motion to Compel Relevant Documents by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) Modified on 12/3/2004 (mpv, ). (Entered: 12/02/2004)
12/02/2004250***FILED IN ERROR PLEASE IGNORE***
RESPONSE in Opposition re 228 Amended MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order, 249 MOTION for Leave to File Excess Pages re: Response to Motion to Compel Relevant Documents Requested Pursuant to Court Order filed by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Exhibit Index of Exhibits, Exhibits A through D# 2 Exhibit E through G# 3 Exhibit H part one# 4 Exhibit H part two# 5 Exhibit I through K# 6 Text of Proposed Order)(Maloney, Collin) Modified on 12/2/2004 (mpv, ). (Entered: 12/02/2004)
12/02/2004 ***FILED IN ERROR. Document # 250, Response to Motion to Compel. PLEASE IGNORE. DOCUMENT CANNOT BE FILED UNTIL ORDER RECEIVED GRANTING MOTION TO EXCEED PAGE LIMIT***

(mpv, ) Modified on 12/2/2004 (mpv, ). (Entered: 12/02/2004)
12/02/2004251 ***REPLACES DOCUMENT #249***
MOTION for Leave to File Excess Pages re: Response to Motion to Compel Relevant Documents Requested Pursuant to Court Order by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Text of Proposed Order # 2 Exhibit Defendants GSK and GSK Biologicals SA Response to Motion to Compel Production of Relevant Documents Requested Pursuant to Court Order# 3 Exhibit Index of Exhibits and Exhibits A through D# 4 Exhibit Exhibit E through G# 5 Exhibit H part one# 6 Exhibit H part two# 7 Exhibit I through K# 8 Exhibit Text of Proposed Order)(Maloney, Collin) Modified on 12/3/2004 (mpv, ). (Entered: 12/02/2004)
12/02/2004252MOTION for Leave to File Excess Pages Regarding Opposition to Plaintiff's 2nd Motion to Compel Production of Relevant Production by Merck & Co Inc. (Attachments: # 1 Merck's Response in Opposition to Plaintiff's Second Motion to Compel# 2 Exhibit Exhibits 1-7 to Merck's Response in Opposition to Plaintiff's 2nd Motion to Compel# 3 Text of Proposed Order Order to Merck's Motion for Leave to Exceed Page Limits)(Josephson, Richard) Modified on 12/3/2004 (mpv, ). Modified on 12/3/2004 (mpv, ). (Entered: 12/02/2004)
12/02/2004 ***FILED IN ERROR. Document # 249, Motion for leave to exceed page limit Re: Response to motion to Compel Relevant Documents. PLEASE IGNORE. SEE DOCUMENT #252 FOR CORRECTED ENTRY***

(mpv, ) (Entered: 12/03/2004)
12/06/2004253RESPONSE to 200 Response to Motion,,,,, Supplement to document 200 by Vera Easter. (Attachments: # 1 Supplement)(Fox, Dana) (Entered: 12/06/2004)
12/07/2004254 MOTION To preclude certain testimony of, and for additional time to depose, Dr. Mark Geier by Wyeth. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6a# 7 Exhibit 6b# 8 Exhibit 7# 9 Exhibit 8a# 10 Exhibit 8b# 11 Exhibit 8c# 12 Exhibit 8d# 13 Exhibit 9# 14 Exhibit 10# 15 Exhibit 11# 16 Exhibit 12# 17 Exhibit 13# 18 Exhibit 14# 19 Text of Proposed Order)(Klatt, Michael) (Entered: 12/07/2004)
12/09/2004255 MOTION to Withdraw its Motion to Compel Full and Complete Responses to Interrogatories by Eli Lilly and Company. (Attachments: # 1 Text of Proposed Order)(Miller, A) (Entered: 12/09/2004)
12/09/2004256RESPONSE to Motion re 254 MOTION To preclude certain testimony of, and for additional time to depose, Dr. Mark Geier filed by Vera Easter. (Attachments: # 1 Appendix Declaration of Dana Fox# 2 Exhibit Excerpts from a true and correct copy of the Deposition of Dr. Mark Geier, taken on Friday, November 12, 2004# 3 Exhibit An excerpt from a true and correct copy of Mercury In Medicine Report, Speech of Hon. Dan Burton of Indiana, 149 Cong. Rec. E1011-03, E1030 (May 20, 2003))(Fox, Dana) Additional attachment(s) added on 12/9/2004 (sm, ). (Entered: 12/09/2004)
12/09/2004257 MOTION to extend the discovery deadline for certain depositions by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 12/09/2004)
12/09/2004258FILED IN ERROR - PLEASE IGNORE - RESPONSE to Motion re 254 MOTION To preclude certain testimony of, and for additional time to depose, Dr. Mark Geier filed by Vera Easter. (Fox, Dana) Modified on 12/9/2004 (sm, ). (Entered: 12/09/2004)
12/09/2004 ***FILED IN ERROR - PLEASE IGNORE -. Document # 258, Response. PLEASE IGNORE.***

(sm, ) (Entered: 12/09/2004)
12/09/2004259 MOTION for Extension of Time to Complete Discovery by Vera Easter. (Attachments: # 1 Text of Proposed Order order# 2 Exhibit part 1# 3 Exhibit part 2# 4 Exhibit part 3)(Fox, Dana) (Entered: 12/09/2004)
12/09/2004260FILED IN ERROR -PLEASE IGNORE - DOCUMENT EXCEEDS PAGE LIMIT - REPLY to Response to Motion re 228 Amended MOTION to Compel Production of Relevant Documents Requested Pursuant to Court Order filed by Vera Easter. (Attachments: # 1 Exhibit part 1# 2 Exhibit part 2# 3 Exhibit part 3)(Fox, Dana) Modified on 12/10/2004 (sm, ). (Entered: 12/09/2004)
12/10/2004 ***FILED IN ERROR - PLEASE IGNORE - DOCUMENT EXCEEDS PAGE LIMIT SO UNABLE TO FILE. Document # 260, Reply. PLEASE IGNORE.***

(sm, ) (Entered: 12/10/2004)
12/10/2004261Minute Entry for proceedings held before Judge T. John Ward : Discovery Hearing held on 12/10/2004 in Marshall, TX. (Court Reporter Terri Smith.) (shd, ) (Entered: 12/13/2004)
12/13/2004262ORDER sua sponte clarifying its order regarding the in camera submisison of consulting experts privilege logs and documents ORDERING that by 12/15/2004 the dfts shall make the following submission to the court in camera: By affadavit or declaration the dfts shall provide the identities of any person asserted to be a consulting expert in this case . Signed by Judge T. John Ward on 12/13/2004. (sm, ) (Entered: 12/13/2004)
12/14/2004263 FILED IN ERROR - WILL REFILE DUE TO EVENT NOT DOCKETED CORRECTLY - MOTION to Amend/Correct 259 MOTION for Extension of Time to Complete Discovery filed by Vera Easter. (Attachments: # 1 Text of Proposed Order order# 2 Exhibit part 1# 3 Exhibit part 2# 4 Exhibit part 3)(Fox, Dana) Modified on 12/14/2004 (sm, ). (Entered: 12/14/2004)
12/14/2004 ***FILED IN ERROR - PLEASE IGNORE - EVENT NOT DOCKETED CORRECTLY- WILL REFILE. Document # 263, Motion to Amend. PLEASE IGNORE.***

(sm, ) (Entered: 12/14/2004)
12/14/2004264RESPONSE in Opposition re 245 MOTION to Strike Designation of Boyd Haley as a Witness Who May Provide Expert Opinion Testimony filed by Vera Easter. (Attachments: # 1 Exhibit 1# 2 Text of Proposed Order)(Fox, Dana) (Entered: 12/14/2004)
12/14/2004265Amended MOTION to Amend/Correct 259 MOTION for Extension of Time to Complete Discovery Replaces Document 263 by Vera Easter. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Text of Proposed Order)(Fox, Dana) (Entered: 12/14/2004)
12/15/2004266ORDER granting 252 Motion for Leave to File opposition to pla second motion to compel in Excess Pages . Signed by Judge T. John Ward on 12/15/2004. (sm, ) (Entered: 12/15/2004)
12/15/2004267ORDER granting 255 Motion to Withdraw motion to compel and complete responses to interrogatories by Dft Eli Lilly. Signed by Judge T. John Ward on 12/15/2004. (sm, ) (Entered: 12/15/2004)
12/15/2004268ORDER granting 257 Motion requesting extensions of discovery cutoff date for certain depositions. Signed by Judge T. John Ward on 12/15/2004. (sm, ) (Entered: 12/15/2004)
12/15/2004269ORDER granting 236 Motion to Withdraw 225 MOTION for Leave to File Motion for Leave to Designate One Additional Expert Witness . Signed by Judge T. John Ward on 12/15/2004. (sm, ) (Entered: 12/15/2004)
12/15/2004270ORDER granting 218 Motion for Extension of Time to File Response/Reply, granting 219 Motion for Leave to File . Signed by Judge T. John Ward on 12/15/2004. (sm, ) (Entered: 12/15/2004)
12/15/2004271SEALED IN CAMERA AFFIDAVIT/DECLARATION pursuant to court order by Wyeth with supporting exhibit. (sm, ) (Entered: 12/16/2004)
12/15/2004 Received in Marshall Div in camera review documents pursuant to 12/10/2004 order from aty James Dennis Chambers (represents dft Aventis) (sm, ) (Entered: 12/17/2004)
12/16/2004272RESPONSE to Motion re 244 Amended MOTION For Leave to Call Additional Expert Witnesses And Memorandum In Support filed by Vera Easter. (Attachments: # 1 Exhibit Exhibit 1A# 2 Exhibit Exhibit 1B# 3 Exhibit Exhibit 2A# 4 Exhibit Exhibit 2B# 5 Exhibit Exhibit 3A# 6 Exhibit Exhibit 3B# 7 Exhibit Exhibit 4# 8 Exhibit Exhibit 5A# 9 Exhibit Exhibit 5B# 10 Exhibit Exhibit 6A# 11 Exhibit Exhibit 6B# 12 Exhibit Exhibit 7A# 13 Exhibit Exhibit 7B# 14 Exhibit Exhibit 8A# 15 Exhibit Exhibit 8B# 16 Text of Proposed Order Order)(Fox, Dana) (Entered: 12/16/2004)
12/16/2004273ORDER granting 251 Motion for Leave to File Response to motion to compel in Excess Pages . Signed by Judge T. John Ward on 12/16/2004. (sm, ) (Entered: 12/16/2004)
12/16/2004274AGREED ORDER granting 230 Motion to Withdraw pla subpoenas and dfts motion to quash subpoenas . Signed by Judge T. John Ward on 12/16/2004. (sm, ) (Entered: 12/16/2004)
12/17/2004275 MOTION to Quash Videotaped Deposition of Mike McConnell by Vera Easter. (Attachments: # 1 Exhibit 1# 2 Text of Proposed Order)(Fox, Dana) (Entered: 12/17/2004)
12/17/2004276RESPONSE in Support re 244 Amended MOTION For Leave to Call Additional Expert Witnesses And Memorandum In Support filed by Aventis Pasteur Inc. (Chambers, James) (Entered: 12/17/2004)
12/20/2004277Witness List by Vera Easter. (Fox, Dana) (Entered: 12/20/2004)
12/20/2004278 MOTION for Leave to File Rebuttal Brief Of Defendant Wyeth In Further Support of Motion For Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (With Supporting Authorities) by Wyeth. (Attachments: # 1 Exhibit 1# 2 Text of Proposed Order)(Klatt, Michael) (Entered: 12/20/2004)
12/21/2004279RESPONSE to Motion re 275 MOTION to Quash Videotaped Deposition of Mike McConnell filed by Eli Lilly and Company. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7)(Miller, A) (Entered: 12/21/2004)
12/22/2004280ORDER granting 244 Motion, denying 245 Motion to Strike, denying 254 Motion . Signed by Judge T. John Ward on December 17, 2004. (rml, ) (Entered: 12/22/2004)
12/22/2004281ORDER granting in part and denying in part 224 Motion to Compel, granting in part and denying in part 228 Motion to Compel . Signed by Judge T. John Ward on December 22, 2004. (rml, ) (Entered: 12/22/2004)
12/27/2004282RESPONSE to Motion re 265 Amended MOTION to Amend/Correct 259 MOTION for Extension of Time to Complete Discovery Replaces Document 263 Statement of Non-Opposition Response by GSK, GSK Biologicals SA Aventis Pasteur Inc, Merck & Co, Inc, Wyeth and Eli Lilly & Co filed by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: # 1 Exhibit A)(Carroll, Otis) (Entered: 12/27/2004)
01/03/2005283 WITHDRAWN MOTION to Quash Cross-Notice of Videotaped Depositions of Greg Reynolds and Martha Adcox by Eli Lilly and Company. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Miller, A) Modified on 1/4/2005 (sm, ). WITHDRAWN per #284 (Entered: 01/03/2005)
01/04/2005284NOTICE by Eli Lilly and Company re 283 MOTION to Quash Cross-Notice of Videotaped Depositions of Greg Reynolds and Martha Adcox - Withdrawing its Motion to Quash (Miller, A) (Entered: 01/04/2005)
01/07/2005285 MOTION for Leave to File designate additional expert witness by Vera Easter. (Attachments: # 1 Text of Proposed Order Order# 2 Exhibit Exhibit 1# 3 Exhibit Exhibit 2)(Fox, Dana) (Entered: 01/07/2005)
01/07/2005286TRANSCRIPT of Proceedings/Discovery Related Motions held on 12/10/04 before Judge T. John Ward. Court Reporter: Terri Lynn Smith. (mpv, ) (Entered: 01/10/2005)
01/10/2005287Witness List by Eli Lilly and Company. (Miller, A) (Entered: 01/10/2005)
01/10/2005288Witness List by Aventis Pasteur Inc. (Chambers, James) (Entered: 01/10/2005)
01/10/2005289 NOTICE for Plaintiff's Proposed Jury Questionnaire by Vera Easter. (Attachments: # 1 # 2 # 3 # 4)(Fox, Dana) Modified on 1/11/2005 (mpv, ). (Entered: 01/10/2005)
01/10/2005290 NOTICE of Defendants' Proposed Jury Questionnaire by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Maloney, Collin) Modified on 1/11/2005 (mpv, ). (Entered: 01/10/2005)
01/10/2005291Witness List by Glaxosmithkline Biologicals S A. (Maloney, Collin) (Entered: 01/10/2005)
01/10/2005292Witness List by Merck & Co Inc. (Elliott, Paul) (Entered: 01/10/2005)
01/10/2005293Witness List by Wyeth. (Klatt, Michael) (Entered: 01/10/2005)
01/11/2005294NOTICE by Vera Easter of Appearance of Additional Counsel (Fox, Dana) (Entered: 01/11/2005)
01/12/2005295NOTICE by Glaxosmithkline Biologicals S A of Defendants' First Amended Jury Questionnaire (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Maloney, Collin) (Entered: 01/12/2005)
01/12/2005296NOTICE by Glaxosmithkline Biologicals S A of Defendants' Objection to Plaintiffs' Jury Questionnaire (Document #289) (Maloney, Collin) (Entered: 01/12/2005)
01/13/2005297NOTICE of Attorney Appearance (filed as app for PHV) by Peter Andrew Kraus on behalf of Vera Easter (rml, ) (Entered: 01/13/2005)
01/13/2005298NOTICE of Attorney Appearance by Regina M. Rodriguez on behalf of Aventis Pasteur Inc (Chambers, James) Modified on 1/13/2005 (mpv, ). (Entered: 01/13/2005)
01/13/2005299NOTICE of Attorney Appearance by Russell O. Stewart on behalf of Aventis Pasteur Inc (Chambers, James) Modified on 1/13/2005 (mpv, ). (Entered: 01/13/2005)
01/13/2005300 MOTION for Exemption from Electronic Filing Requirements and Page Limitations as to Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Experts by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 01/13/2005)
01/13/2005301 MOTION for Leave to File to Submit Additional Defendants' Proposed Jury Questionnaire Questions by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: # 1 Text of Proposed Order # 2 Supplement)(Maloney, Collin) (Entered: 01/13/2005)
01/14/2005302ORDER granting in part and denying in part 300 Motion for exemption from electronic filing requirements and page limitations for Daubert motions. The court adopts the following procedure for handling the Daubert motion expected to be filed on 1/18/05. The dfts shall tender paper versions (an original and one copy) of the motion and attachments to the court's chambers in Marshall, Texas, by 5:00 p.m. 1/18/05. The dfts shall serve a paper copy of the motion and all attachments on the plas. Thereafter, the dfts shall have until 1/25/05, to transmit an identical electronic copy of the motion and attachments through the court's electronic filing system which shall thereafter constitute the official court record . Signed by Judge T. John Ward on 1/14/05. (mpv, ) (Entered: 01/14/2005)
01/14/2005303 MOTION for Extension of Time to Complete Discovery Order Granting Motion for Leave to Take a Deposition for Preservation of Trial Testimony by Aventis Pasteur Inc. (Attachments: # 1 Order Granting Motion for Leave to Take A Deposition for Preservation of Trial Testimony)(Chambers, James) (Entered: 01/14/2005)
01/18/2005304ORDER FOR JURY PANEL. Signed by Judge T. John Ward on 1/13/05. (mrm, ) (Entered: 01/18/2005)
01/18/2005305 MOTION for Summary Judgment on General Causation by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Aventis Pasteur Inc, Eli Lilly and Company. (Attachments: # 1 Exhibit 1a# 2 Exhibit 1b# 3 Exhibit 1c# 4 Exhibit 1d# 5 Exhibit 1e# 6 Exhibit 1f# 7 Exhibit 2# 8 Exhibit 3# 9 Exhibit 4# 10 Exhibit 5a# 11 Exhibit 5b# 12 Exhibit 6a# 13 Exhibit 6b# 14 Exhibit 7a# 15 Exhibit 7b# 16 Text of Proposed Order)(Chambers, James) (Entered: 01/18/2005)
01/18/2005306 MOTION for Summary Judgment Vaccine Defendants' No-evidence Motion for Summary Judgment as to Fraud, Conspiracy and Punitive Damages Under Texas Law by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Maloney, Collin) Modified on 1/19/2005 (mpv, ). (Entered: 01/18/2005)
01/18/2005307 MOTION for Summary Judgment (Part 1 - due to size of filing, remaining exhibits will be split into two additional files) by Eli Lilly and Company. (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C# 4 Exhibit A# 5 Exhibit B# 6 Exhibit C# 7 Exhibit D# 8 Exhibit E# 9 Exhibit F# 10 Exhibit G# 11 Exhibit H# 12 Exhibit I)(Miller, A) (Entered: 01/18/2005)
01/18/2005308RESPONSE in Opposition re 285 MOTION for Leave to File designate additional expert witness filed by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Aventis Pasteur Inc, Eli Lilly and Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Chambers, James) (Entered: 01/18/2005)
01/18/2005309 ***FILED IN ERROR PLEASE IGNORE DOCUMENT REPLACED BY DOCUMENT #314***

MOTION for Summary Judgment on Warning Causation by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Aventis Pasteur Inc, Eli Lilly and Company. (Attachments: # 1 Text of Proposed Order)(Chambers, James) Modified on 1/19/2005 (mpv, ). (Entered: 01/18/2005)
01/18/2005310 MOTION for Summary Judgment Vaccine Defendants' Motion for Summary Judgment as to Warnings and Punitive Damages Under the Vaccine Act by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Text of Proposed Order)(Maloney, Collin) Modified on 1/19/2005 (mpv, ). (Entered: 01/18/2005)
01/18/2005311 ADDITIONAL ATTACHMENTS TO DOCUMENT #307 Part 2 of exhibits to MSJ by Eli Lilly and Company. (Attachments: # 1 Exhibit J# 2 Exhibit K# 3 Exhibit L# 4 Exhibit M# 5 Exhibit N# 6 Exhibit O# 7 Exhibit P# 8 Exhibit Q# 9 Exhibit R# 10 Exhibit S# 11 Exhibit T# 12 Exhibit U)(Miller, A) Modified on 1/19/2005 (mpv, ). (Entered: 01/18/2005)
01/18/2005312 MOTION to Strike /Exclude Certain Testimony of Certain Defense Experts by Vera Easter. (Attachments: # 1 Text of Proposed Order Order# 2 Exhibit Exhibit 1A# 3 Exhibit Exhibit 1B# 4 Exhibit Exhibit 1C# 5 Exhibit Ehxibit 1D# 6 Exhibit Exhibit 1E# 7 Exhibit Exhibit 2# 8 Exhibit Exhibit 3# 9 Exhibit Exhibit 4# 10 Exhibit Exhibit 5# 11 Exhibit Exhibit 6)(Fox, Dana) (Entered: 01/18/2005)
01/18/2005313 ADDITIONAL ATTACHMENTS TO DOCUMENT #307 Part 3-Exhibits V-BBB of MSJ by Eli Lilly and Company. (Attachments: # 1 Exhibit V# 2 Exhibit W# 3 Exhibit X# 4 Exhibit Y# 5 Exhibit Z# 6 Exhibit AA# 7 Exhibit BB# 8 Exhibit CC# 9 Exhibit DD# 10 Exhibit EE# 11 Exhibit FF# 12 Exhibit GG# 13 Exhibit HH# 14 Exhibit II# 15 Exhibit JJ# 16 Exhibit KK# 17 Exhibit LL# 18 Exhibit MM# 19 Exhibit OO# 20 Exhibit PP# 21 Exhibit QQ# 22 Exhibit RR# 23 Exhibit SS# 24 Exhibit TT# 25 Exhibit UU# 26 Exhibit VV# 27 Exhibit WW# 28 Exhibit XX# 29 Exhibit YY# 30 Exhibit ZZ# 31 Exhibit AAA# 32 Exhibit BBB)(Miller, A) Modified on 1/19/2005 (mpv, ). (Entered: 01/18/2005)
01/19/2005314 MOTION for Summary Judgment On Warning Causation (replaces docket number 309) by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Aventis Pasteur Inc, Eli Lilly and Company. (Attachments: # 1 Text of Proposed Order)(Chambers, James) (Entered: 01/19/2005)
01/19/2005 ***FILED IN ERROR. Document # 309, Motion for Summary Judgment on Warning Causation. PLEASE IGNORE. REPLACED BY DOCUMENT #314***

(mpv, ) (Entered: 01/19/2005)
01/19/2005315Supplemental MOTION to Preclude the Proposed Testimony of Plaintiffs' Experts Relating to Claims Against Lilly by Eli Lilly and Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Text of Proposed Order)(Miller, A) (Entered: 01/19/2005)
01/19/2005316AMENDED MOTION/amends 312 MOTION to Strike /Exclude Certain Testimony of Certain Defense Experts by Vera Easter. (Attachments: # 1 Text of Proposed Order Order# 2 Exhibit Exhibit 1A# 3 Exhibit Exhibit 1B# 4 Exhibit Exhibit 1C# 5 Exhibit Exhibit 1D# 6 Exhibit Exhibit 1D# 7 Exhibit Exhibit 2# 8 Exhibit Exhibit 3# 9 Exhibit Exhibit 4# 10 Exhibit Exhibit 5# 11 Exhibit Exhibit 6)(Fox, Dana) Modified on 1/21/2005 (mpv, ). (Entered: 01/19/2005)
01/19/2005317NOTICE of Hearing on Motion Daubert Motion Hearing set for 2/8/2005 at 9:00 AM in Ctrm 106 (Marshall) before Judge T. John Ward. (shd, ) (Entered: 01/19/2005)
01/21/2005318 MOTION for Leave to File Excess Pages /Motion for Exemption from Electronic Filing as to Plaintiff's Response to Daubert Motion by Vera Easter. (Attachments: # 1 Text of Proposed Order Order)(Fox, Dana) (Entered: 01/21/2005)
01/21/2005319REPLY to Response to Motion re 285 MOTION for Leave to File designate additional expert witness filed by Vera Easter. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2)(Fox, Dana) (Entered: 01/21/2005)
01/24/2005320RESPONSE to Motion re 303 MOTION for Extension of Time to Complete Discovery Order Granting Motion for Leave to Take a Deposition for Preservation of Trial Testimony filed by Vera Easter. (Attachments: # 1 Text of Proposed Order Order# 2 Exhibit Exhibit 1)(Fox, Dana) (Entered: 01/24/2005)
01/25/2005321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: # 1 Text of Proposed Order # 2 Index of Exhibit A# 3 Exhibit A-1 Part 1# 4 Exhibit A-1 Part 2# 5 Exhibit A-1 Part 3# 6 Exhibit A-2# 7 Exhibit A-3# 8 Exhibit A-4 Part 1# 9 Exhibit A-4 Part 2)(Maloney, Collin) (Entered: 01/25/2005)
01/25/2005322Additional Attachments to Main Document: 321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: # 1 Exhibit B-1 Part 1# 2 Exhibit B-1 Part 2# 3 Exhibit B-2# 4 Exhibit B-3# 5 Exhibit B-4# 6 Exhibit B-5# 7 Exhibit B-6)(Maloney, Collin) (Entered: 01/25/2005)
01/25/2005323Additional Attachments to Main Document: 321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: # 1 Exhibit C-1 Part 1# 2 Exhibit C-1 Part 2# 3 Exhibit C-2 Part 1# 4 Exhibit C-2 Part 2# 5 Exhibit C-2 Part 3# 6 Exhibit C-2 Part 4)(Maloney, Collin) (Entered: 01/25/2005)
01/25/2005324Additional Attachments to Main Document: 321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: # 1 Exhibit C-3 Part 1# 2 Exhibit C-3 Part 2# 3 Exhibit C-4 Part 1# 4 Exhibit C-4 Part 2)(Maloney, Collin) (Entered: 01/25/2005)
01/25/2005325Additional Attachments to Main Document: 321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: # 1 Exhibit D-1 Part 1# 2 Exhibit D-1 Part 2# 3 Exhibit D-2# 4 Exhibit D-3 Part 1# 5 Exhibit D-3 Part 2)(Maloney, Collin) (Entered: 01/25/2005)
01/25/2005326Additional Attachments to Main Document: 321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: # 1 Exhibit D-4 Part 1# 2 Exhibit D-4 Part 2# 3 Exhibit D-5# 4 Exhibit D-6 Part 1# 5 Exhibit D-6 Part 2)(Maloney, Collin) (Entered: 01/25/2005)
01/25/2005327Additional Attachments to Main Document: 321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: # 1 Exhibit E-1 to E-6# 2 Exhibit E7 to E9# 3 Exhibit E-10 Part 1# 4 Exhibit E-10 Part 2# 5 Exhibit E-11 to E-18# 6 Exhibit E-19 to E-24# 7 Exhibit E-25)(Maloney, Collin) (Entered: 01/25/2005)
01/25/2005328Additional Attachments to Main Document: 321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: # 1 Exhibit F-1 Part 1# 2 Exhibit F-1 Part 2# 3 Exhibit F-1 Part 3# 4 Exhibit F-2 to F-9# 5 Exhibit F-10 to F-13# 6 Exhibit F-14 to F-16# 7 Exhibit F-17 to F-20)(Maloney, Collin) (Entered: 01/25/2005)
01/25/2005329Additional Attachments to Main Document: 321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: # 1 Exhibit F-21 to F-24# 2 Exhibit F-25 to F-29# 3 Exhibit F-30 to F-36# 4 Exhibit F-37 to F-43# 5 Exhibit F-44 to F-46)(Maloney, Collin) (Entered: 01/25/2005)
01/25/2005330Additional Attachments to Main Document: 321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: # 1 Exhibit F-47 Part 1# 2 Exhibit F-47 Part 2# 3 Exhibit F-47 Part 3# 4 Exhibit F-48 to F-53# 5 Exhibit F-54 to F-56# 6 Exhibit F-57 Part 1# 7 Exhibit F-57 Part 2)(Maloney, Collin) (Entered: 01/25/2005)
01/25/2005331Additional Attachments to Main Document: 321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: # 1 Exhibit F-58 to F-69# 2 Exhibit F-70 to F-74# 3 Exhibit F-75 to F-81# 4 Exhibit F-82 to F-85# 5 Exhibit F-86 to F-94# 6 Exhibit F-95 to F-98# 7 Exhibit F-99 to F-102)(Maloney, Collin) (Entered: 01/25/2005)
01/25/2005332Additional Attachments to Main Document: 321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: # 1 Exhibit F-103 to F-105# 2 Exhibit F-106 to F-107)(Maloney, Collin) (Entered: 01/25/2005)
01/25/2005333Additional Attachments to Main Document: 321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: # 1 Exhibit F-108 Part 1# 2 Exhibit F-108 Part 2# 3 Exhibit F-108 Part 3# 4 Exhibit F-108 Part 4# 5 Exhibit F-108 Part 5# 6 Exhibit F-108 Part 6)(Maloney, Collin) (Entered: 01/25/2005)
01/25/2005334Additional Attachments to Main Document: 321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: # 1 Exhibit F-109)(Maloney, Collin) (Entered: 01/25/2005)
01/25/2005335Additional Attachments to Main Document: 321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert.. (Attachments: # 1 Exhibit G-1 to G-4# 2 Exhibit G-5 to G-7# 3 Exhibit G-8 to G-11# 4 Exhibit G-12 to G-14# 5 Exhibit G-15)(Maloney, Collin) (Entered: 01/25/2005)
01/26/2005336 MOTION to Substitute Attorney In-Charge by Wyeth. (Attachments: # 1 Text of Proposed Order)(Klatt, Michael) (Entered: 01/26/2005)
01/26/2005337NOTICE of Hearing: Status Conference set for 2/4/2005 at 9:00 AM in Ctrm 106 (Marshall) before Judge T. John Ward is CANCELED.(shd, ) (Entered: 01/26/2005)
01/26/2005338ORDER sua sponte, orders the parties to promptly meet and confer concerning whether and to what extent any party desires to call live witnesses at the Daubert hearing set for 2/8/05. The Pla shall notify the Dfts with the identity of any live witnesses the Pla plans to call by 2/1/05, at 12:00 noon. By 5:00 p.m., also on 2/1/05, the Dfts shall notify Pla of the identities of any live witnesses the Dfts plan to call at the hearing. Signed by Judge T. John Ward on 1/26/05. (mpv, ) (Entered: 01/26/2005)
01/26/2005 Notified Attorney, Lauren J Elliott, Richard W Mark, Regina Marie Rodriguez, Russell O Stewart, Daniel J Thomasch, Per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. Notified Attys that they are required to sign up for CM/ECF as soon as possible. (mpv, ) (Entered: 01/26/2005)
01/27/2005339 MOTION to Substitute Attorney -In-Charge by Eli Lilly and Company. (Attachments: # 1 Text of Proposed Order)(Miller, A) (Entered: 01/27/2005)
01/28/2005340Additional Attachments to Main Document: 321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert. Replaces Exhibit D5 which was blank. (Maloney, Collin) Modified on 1/28/2005 (mpv, ). (Entered: 01/28/2005)
01/28/2005341RESPONSE in Opposition re 316 MOTION to Amend/Correct 312 MOTION to Strike /Exclude Certain Testimony of Certain Defense Experts filed by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: # 1 Exhibit A)(Maloney, Collin) (Entered: 01/28/2005)
01/31/2005342ORDER granting 318 Motion for Leave to File Excess Pages/and exemption from electronic filing requirements and page limitations as to Pla's response to Daubert motion. The Pla is granted leave to file and serve paper copies of the Daubert response and supporting record in accordance with this order. The Pla shall tender paper versions (an original and one copy) of the response to the court's chambers in Marshall, TX by 5:00 p.m. 2/1/05. The Pla shall also serve a paper copy of rht response and all attachments on the Dfts on 2/1/05. Thereafter, the Pla shall have until 2/7/05, to transmit an identical electronic copy of the motion and attachments through the court's electronic filing system which shall constitute the official court record . Signed by Judge T. John Ward on 1/31/05. (mpv, ) (Entered: 01/31/2005)
01/31/2005343RESPONSE in Opposition re 315 Supplemental MOTION to Preclude the Proposed Testimony of Plaintiffs' Experts Relating to Claims Against Lilly filed by Vera Easter. (Attachments: # 1 # 2 # 3 Exhibit # 4 # 5 # 6 # 7 # 8 Exhibit # 9 Exhibit # 10 # 11 # 12 # 13 Exhibit # 14)(Fox, Dana) (Entered: 01/31/2005)
01/31/2005344NOTICE by Vera Easter Plaintiff's Revised Witness List, Pared-Down Exhibit List and Anticipated Deposition Designations (Fox, Dana) (Entered: 01/31/2005)
01/31/2005345NOTICE by Glaxosmithkline Biologicals S A and SmithKline Beecham Corporation d/b/a GlaxoSmithKline of Service of Pre-Trial Disclosures (Rother, Charles) (Entered: 01/31/2005)
01/31/2005346REPLY to Response to Motion re 303 MOTION for Extension of Time to Complete Discovery Order Granting Motion for Leave to Take a Deposition for Preservation of Trial Testimony Defendants' Reply to Plaintiff's Response to Defendants' Emergency Motion for Leave to Take a Deposition for Preservation of Trial Testimony and Plaintiff's Motion to Strike filed by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Aventis Pasteur Inc, Eli Lilly and Company, Glaxosmithkline. (Chambers, James) (Entered: 01/31/2005)
01/31/2005347RESPONSE in Opposition re 314 MOTION for Summary Judgment On Warning Causation (replaces docket number 309) Plaintiff's Response to Vaccine Defendants' Motion for Summary Judgment on Warning Causation filed by Vera Easter. (Attachments: # 1 Exhibit Order Denying Defendant Wyeth's Motion for Summary Judgment# 2 Exhibit Motion of Defendant Wyeth for Reconsideration# 3 Exhibit Order Denying Defendant Wyeth's Motion for Reconsideration)(Fox, Dana) Additional attachment(s) added on 2/1/2005 (mpv, ). (Entered: 01/31/2005)
01/31/2005348RESPONSE to Motion re 307 MOTION for Summary Judgment (Part 1 - due to size of filing, remaining exhibits will be split into two additional files) filed by Vera Easter. (Fox, Dana) (Entered: 01/31/2005)
01/31/2005349RESPONSE to Motion re 321 MOTION Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses Pursuant to Fed. R. Evid. 401, 702, 703 and Daubert filed by Vera Easter. (Fox, Dana) (Entered: 01/31/2005)
01/31/2005350RESPONSE in Opposition re 305 MOTION for Summary Judgment on General Causation Plaintiff's Response to Vaccine Defendants' Motion for Summary Judgment on Causation filed by Vera Easter. (Fox, Dana) (Entered: 01/31/2005)
01/31/2005351***FILED IN ERROR, PLEASE IGNORE***

Additional Attachments to Main Document: 347 Response in Opposition to Motion,.. (Fox, Dana) Modified on 2/1/2005 (mpv, ). (Entered: 01/31/2005)
01/31/2005352RESPONSE to Motion re 306 MOTION for Summary Judgment Vaccine Defendants' No-evidence Motion for Summary Judgment as to Fraud, Conspiracy and Punitive Damages Under Texas Law PLAINTIFFS? RESPONSE filed by Vera Easter. (Fox, Dana) Additional attachment(s) added on 2/1/2005 (mpv, ). (Entered: 01/31/2005)
01/31/2005353***FILED IN ERROR, PLEASE IGNORE***

Additional Attachments to Main Document: 352 Response to Motion.. (Fox, Dana) Modified on 2/1/2005 (mpv, ). (Entered: 01/31/2005)
01/31/2005354RESPONSE to Motion re 310 MOTION for Summary Judgment Vaccine Defendants' Motion for Summary Judgment as to Warnings and Punitive Damages Under the Vaccine Act Plaintiff's Response to Vaccine Def. Motion for Summary Judgment as to Warnings and Punitive Damages Under the Vaccine Act filed by Vera Easter. (Attachments: # 1 Exhibit Uproar Over a Little-Known Preservative, Thimerosal, Jostles U.S. Hepatitis B Vaccination Policy, Hepatitis Control Report, No. 4-2, Summer 1999# 2 Exhibit Vaccine Administration Record of Jordan Easter# 3 Exhibit Joint Statement Concerning Removal of Thimerosal from Vaccines, June 22, 2000# 4 Exhibit Joint Statement Concerning Thimerosal, July 7, 1999# 5 Exhibit Francis A. Ellis, Possible Danger in Use of Merthiolate Ophthalmic Ointment, 30 Arch. Ophthalmol. 265 (1943)# 6 Exhibit H.D. Cogswell & Alex Shoun, Reaction Following the Use of Tr. Merthiolate, 5 Arizona Med. 42 (1948)# 7 Exhibit John H. Brewer, Mercurials as Antiseptics, 53 Ann. N.Y. Acad. Sci. 211 (1950)# 8 Exhibit J.H.M. Axton, Six Cases of Poisoning After a Parenteral Organic Mercurial Compound (Mertholiate), 48 Postgrad. M.J. 417 (1972)# 9 Exhibit A. Kravchenko et al., Evaluation of the Toxic Action of Prophylactic and Therapeutic Preparations of Cell Cultures (1983)# 10 Exhibit K.A. Winship, Organic Mercury Compounds and Their Toxicity, 3 Adv. Drug React. Ac. Pois. Rev. 141 (1986)# 11 Exhibit K.A. Winship, Organic Mercury Compounds and Their Toxicity, 3 Adv. Drug React. Ac. Pois. Rev. 141 (1986)# 12 Exhibit J. Cinca et al., Accidental Ethyl Mercury Poisoning with Nervous System, Skeletal Muscle and Myocardium Injury, 43 Journal of Neurology, Neurosurgery, and Psychiatry, 143, 143-149 (1979)# 13 Exhibit Patricia M. Rodier, Developing Brain as a Target of Toxicity 103 Envtl. Health Perspectives 73, 73-76 (Sept. 1995)# 14 Exhibit Biotechnology Working Party Preliminary Report on Thiomersal as Preservative in Biopharmaceuticals, 10-12 November 1997# 15 Exhibit Transcript of Testimony of Dr. Halsey from National Academy of Sciences Institute of Medicine Immunization Safety Review Committee, Thimerosal-Containing Vaccines and Neurodevelopmental Outcomes Public Meeting, July 16, 2001, at p. 221.# 16 Exhibit SmithKline review of Dr. W. Huber?s manuscript on ?The formulation of vaccines, particularly the hepatitis B# 17 Exhibit Declaration of Dana C Fox# 18 Exhibit Proposed Order)(Fox, Dana) (Entered: 01/31/2005)
01/31/2005355NOTICE of Disclosure by Wyeth /Defendant Wyeth's Notice Of Pretrial Disclosures/ (Mark, Richard) (Entered: 01/31/2005)
01/31/2005 ***FILED IN ERROR. Document # 351, Additional Attachments to Main Document. PLEASE IGNORE.***

(mpv, ) (Entered: 02/01/2005)
01/31/2005 ***FILED IN ERROR. Document # 353, Additional Attachments to Main Document. PLEASE IGNORE.***

(mpv, ) (Entered: 02/01/2005)
02/01/2005356NOTICE by Aventis Pasteur Inc of Compliance (Chambers, James) (Entered: 02/01/2005)
02/01/2005357 AMENDED RESPONSE 321 Response to Motion to Preclude Testimony and Daubert by Vera Easter. AMENDS #349 RESPONSE. (Fox, Dana) Modified on 2/1/2005 (mpv, ). Modified on 2/2/2005 (mpv, ). Modified on 2/2/2005 (mpv, ). (Entered: 02/01/2005)
02/01/2005358NOTICE of Disclosure by Eli Lilly and Company Notice of Pretrial Disclosures (Miller, A) (Entered: 02/01/2005)
02/01/2005359Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit Exhibit 2# 2 Exhibit Exhibit 2-part A# 3 Exhibit Exhibit 2 (part B)# 4 Exhibit Exhibit 2 (part C)# 5 Exhibit Exhibit 2 (part D)# 6 Exhibit Exhibit 2 (part E)# 7 Exhibit Exhibit 3# 8 Exhibit Exhibit 3 (part A)# 9 Exhibit Exhibit 4# 10 Exhibit Exhibir 4 (part A)# 11 Exhibit Exhibit 4 (part B)# 12 Exhibit Exhibit 4 (part C)# 13 Exhibit Exhibit 4 (part D)# 14 Exhibit Exhibit 5)(Fox, Dana) Modified on 2/2/2005 (mpv, ). (Entered: 02/01/2005)
02/01/2005360Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit Exhibit 7# 2 Exhibit Exhibit 8# 3 Exhibit Exhibit 9# 4 Exhibit Exhibit 10# 5 Exhibit Exhibit 11# 6 Exhibit Exhibit 12# 7 Exhibit Exhibit 13# 8 Exhibit Exhibit 14# 9 Exhibit Exhibit 14 (part A)# 10 Exhibit Exhibit 15# 11 Exhibit Exhibit 16# 12 Exhibit Exhibit 16 (part A)# 13 Exhibit Exhibit 16 (part B)# 14 Exhibit Exhibit 17)(Fox, Dana) Modified on 2/2/2005 (mpv, ). (Entered: 02/01/2005)
02/01/2005361NOTICE of hearing by telephone conference re: Daubert hearing procedures; telephone conference set for 2/2/2005 at 3:00 PM before Judge T. John Ward. The defendants are to initiate the telephone conference.(shd, ) (Entered: 02/01/2005)
02/01/2005362ORDER granting 278 Motion for Leave to File rebuttal brief, granting 301 Motion for Leave to File/submit additional questions for the jury questionaire, granting 336 Motion to Substitute Attorney Daniel J. Thomasch as atty in charge. Michael Klatt shall remain enrolled as additional counsel of record, granting 339 Motion to Substitute Attorney Andrew See as lead counsel . Signed by Judge T. John Ward on 2/1/05. (mpv, ) (Entered: 02/02/2005)
02/01/2005 Notified Attorney, Andrew See, Per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. (mpv, ) (Entered: 02/02/2005)
02/02/2005363NOTICE by Merck & Co Inc Notice of Pre-Trial Disclosures (Elliott, Paul) (Entered: 02/02/2005)
02/02/2005364***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit # 2 # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit)(Fox, Dana) Modified on 2/2/2005 (mpv, ). Modified on 2/2/2005 (mpv, ). (Entered: 02/02/2005)
02/02/2005365***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***

Additional Attachments to Main Document: 349 Response to Motion.. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit)(Fox, Dana) Modified on 2/2/2005 (mpv, ). (Entered: 02/02/2005)
02/02/2005366***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***

Additional Attachments to Main Document: 349 Response to Motion.. (Attachments: # 1 Exhibit Exhibit 22# 2 Exhibit Exhibit 22 (Part 1)# 3 Exhibit Exhibit 22 (Part 2)# 4 Exhibit Exhibit 22 (Part 3)# 5 Exhibit Exhibit 22 (Part 4)# 6 Exhibit Exhibit 22 (Part 5)# 7 Exhibit Exhibit 22 (Part 6))(Fox, Dana) Modified on 2/2/2005 (mpv, ). (Entered: 02/02/2005)
02/02/2005367***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***

Additional Attachments to Main Document: 349 Response to Motion.. (Attachments: # 1 Exhibit Exhibit 23# 2 Exhibit Exhibit 24# 3 Exhibit Exhibit 25# 4 Exhibit Exhibit 26# 5 Exhibit Exhibit 27# 6 Exhibit Exhibit 28# 7 Exhibit Exhibit 29)(Fox, Dana) Modified on 2/2/2005 (mpv, ). (Entered: 02/02/2005)
02/02/2005368***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***

Additional Attachments to Main Document: 349 Response to Motion.. (Attachments: # 1 Exhibit Exhibit 30# 2 Exhibit Exhibit 31# 3 Exhibit Exhibit 32# 4 Exhibit Exhibit 33# 5 Exhibit Exhibit 34# 6 Exhibit Exhibit 35# 7 Exhibit Exhibit 36# 8 Exhibit Exhibit 37)(Fox, Dana) Modified on 2/2/2005 (mpv, ). (Entered: 02/02/2005)
02/02/2005369***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***

Additional Attachments to Main Document: 349 Response to Motion.. (Attachments: # 1 Exhibit Exhibit 38# 2 Exhibit Exhibit 39# 3 Exhibit Exhibit 40# 4 Exhibit Exhibit 41# 5 Exhibit Exhibit 42# 6 Exhibit Exhibit 43# 7 Exhibit Exhibit 44# 8 Exhibit Exhibit 45)(Fox, Dana) Modified on 2/2/2005 (mpv, ). Modified on 2/2/2005 (mpv, ). (Entered: 02/02/2005)
02/02/2005370***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***

Additional Attachments to Main Document: 349 Response to Motion.. (Attachments: # 1 Exhibit Exhibit 46# 2 Exhibit Exhibit 47# 3 Exhibit Exhibit 48# 4 Exhibit Exhibit 49# 5 Exhibit Exhibit 50# 6 Exhibit Exhibit 51# 7 Exhibit Exhibit 52# 8 Exhibit Exhibit 53)(Fox, Dana) Modified on 2/2/2005 (mpv, ). (Entered: 02/02/2005)
02/02/2005371***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***

Additional Attachments to Main Document: 349 Response to Motion.. (Attachments: # 1 Exhibit Exhibit 54# 2 Exhibit Exhibit 55# 3 Exhibit Exhibit 56# 4 Exhibit Exhibit 58# 5 Exhibit Exhibit 59# 6 Exhibit Exhibit 61# 7 Exhibit Exhibit 61 (Part 1)# 8 Exhibit Exhibit 62)(Fox, Dana) Modified on 2/2/2005 (mpv, ). (Entered: 02/02/2005)
02/02/2005372***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE***

Additional Attachments to Main Document: 349 Response to Motion.. (Attachments: # 1 Exhibit Exhibit 64# 2 Exhibit Exhibit 65# 3 Exhibit Exhibit 66# 4 Exhibit Exhibit 68# 5 Exhibit Exhibit 69# 6 Exhibit Exhibit 70# 7 Exhibit Exhibit 71)(Fox, Dana) Modified on 2/2/2005 (mpv, ). (Entered: 02/02/2005)
02/02/2005 NOTICE of Deficiency regarding the Additional attachments to main document #'s 364 - 372 submitted by Vera Easter. No table of contents per instructions. Correction should be made by 2/3/05 (mpv, ) (Entered: 02/02/2005)
02/02/2005373RESPONSE in Support re 199 MOTION for Summary Judgment Pursuant to Fed. R. Civ. P. 56(b) (with supporting authorities) Rebuttal Brief of Defendant Wyeth in Further Support of Motion for Summary Judgment Pursuant to Fed.R.Civ.P. 56(b) (With Supporting Authorities) filed by Wyeth. (Attachments: # 1 Exhibit Rebuttal Declaration of Daniel J. Thomasch and Supporting Exhibits A and B)(Klatt, Michael) (Entered: 02/02/2005)
02/02/2005374Minute Entry for proceedings held before Judge T. John Ward : Telephone Conference held on 2/2/2005 re: Daubert hearing procedures. (Court Reporter Christie Humphries.) (shd, ) (Entered: 02/03/2005)
02/04/2005375Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 18# 2 Exhibit 18-part A# 3 Exhibit 18 part B# 4 Exhibit 18 part C# 5 Exhibit 18 part D)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005376Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 19# 2 Exhibit 19 part A# 3 Exhibit 19 part B# 4 Exhibit 19 part C# 5 Exhibit 19 part D)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005377Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 20# 2 Exhibit 20 part A# 3 Exhibit 20 part B# 4 Exhibit 20 part C# 5 Exhibit 20 part D)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005378Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 21# 2 Exhibit 21 part A# 3 Exhibit 21 part B# 4 Exhibit 21 part C# 5 Exhibit 21 part D)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005379Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 22# 2 Exhibit 22 part A# 3 Exhibit 22 part B# 4 Exhibit 22 part C# 5 Exhibit 22 part D# 6 Exhibit 22 part E# 7 Exhibit 22 part F)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005380Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 23# 2 Exhibit 24# 3 Exhibit 25# 4 Exhibit 26# 5 Exhibit 27# 6 Exhibit 28# 7 Exhibit 29# 8 Exhibit 30)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005381Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 31# 2 Exhibit 32# 3 Exhibit 33# 4 Exhibit 34# 5 Exhibit 35# 6 Exhibit 36# 7 Exhibit 37# 8 Exhibit 38)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005382Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 39# 2 Exhibit 40# 3 Exhibit 41# 4 Exhibit 42# 5 Exhibit 43# 6 Exhibit 44# 7 Exhibit 45# 8 Exhibit 46)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005383Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 47# 2 Exhibit 48# 3 Exhibit 49# 4 Exhibit 50# 5 Exhibit 51# 6 Exhibit 52# 7 Exhibit 53# 8 Exhibit 54)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005384Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 55# 2 Exhibit 56# 3 Exhibit 58# 4 Exhibit 59# 5 Exhibit 61# 6 Exhibit 61A# 7 Exhibit 62# 8 Exhibit 64# 9 Exhibit 65# 10 Exhibit 66# 11 Exhibit 68# 12 Exhibit 68a)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005385Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 69# 2 Exhibit 69a# 3 Exhibit 70# 4 Exhibit 71# 5 Exhibit 72)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005386Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 73# 2 Exhibit 73A# 3 Exhibit 73b# 4 Exhibit 73c# 5 Exhibit 73d# 6 Exhibit 73e# 7 Exhibit 73f# 8 Exhibit 74)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005387ORDER Status Conference set for 2/8/2005 04:00 PM in Ctrm 106 (Marshall) before Judge T. John Ward.. Signed by Judge T. John Ward on 2/4/05. (mpv, ) (Entered: 02/04/2005)
02/04/2005388Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 75# 2 Exhibit 76# 3 Exhibit 76a# 4 Exhibit 76b# 5 Exhibit 76c# 6 Exhibit 76d# 7 Exhibit 77)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005389Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 78# 2 Exhibit 78a# 3 Exhibit 78b# 4 Exhibit 78c# 5 Exhibit 79# 6 Exhibit 80# 7 Exhibit 81# 8 Exhibit 82)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005390Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 83# 2 Exhibit 83a# 3 Exhibit 84# 4 Exhibit 85# 5 Exhibit 85a# 6 Exhibit 86# 7 Exhibit 86a# 8 Exhibit 86b)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005391Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 87# 2 Exhibit 88# 3 Exhibit 89# 4 Exhibit 90# 5 Exhibit 91# 6 Exhibit 92# 7 Exhibit 93# 8 Exhibit 94)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005392REPLY to Response to Motion re 312 MOTION to Strike /Exclude Certain Testimony of Certain Defense Experts filed by Vera Easter. (Fox, Dana) (Entered: 02/04/2005)
02/04/2005393Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 95# 2 Exhibit 96# 3 Exhibit 97# 4 Exhibit 98# 5 Exhibit 99# 6 Exhibit 100# 7 Exhibit 100a# 8 Exhibit 100b)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005394Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 101# 2 Exhibit 102# 3 Exhibit 102a# 4 Exhibit 103# 5 Exhibit 103a# 6 Exhibit 104# 7 Exhibit 105# 8 Exhibit 106)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005395Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit 107# 2 Exhibit 108# 3 Exhibit 109# 4 Exhibit 110# 5 Exhibit 111# 6 Exhibit 112# 7 Exhibit 113# 8 Exhibit 114)(Fox, Dana) Modified on 2/4/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005396RESPONSE to Motion re 303 MOTION for Extension of Time to Complete Discovery Order Granting Motion for Leave to Take a Deposition for Preservation of Trial Testimony filed by Vera Easter. (Fox, Dana) (Entered: 02/04/2005)
02/04/2005397 MOTION Challenging the Propriety of "Confidential Information" Designations by Vera Easter. (Attachments: # 1 Text of Proposed Order # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit)(Fox, Dana) (Entered: 02/04/2005)
02/04/2005398***FILED IN ERROR, PLEASE IGNORE, DOCUMENT EXCEEDS PAGE LIMIT***

RESPONSE in Support re 315 Supplemental MOTION to Preclude the Proposed Testimony of Plaintiffs' Experts Relating to Claims Against Lilly filed by Eli Lilly and Company. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Miller, A) Modified on 2/7/2005 (mpv, ). (Entered: 02/04/2005)
02/04/2005 NOTICE of Deficiency regarding the 398 Response in support of #315 supplemental motion submitted by Eli Lilly and Company. Exceeds Page Limit. Correction should be made by 2/8/05 (mpv, ) (Entered: 02/07/2005)
02/07/2005399Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit Exhibit 115# 2 Exhibit Exhibit 116# 3 Exhibit Exhibit 117# 4 Exhibit Exhibit 118# 5 Exhibit Exhibit 119# 6 Exhibit Exhibit 122)(Fox, Dana) Modified on 2/7/2005 (mpv, ). (Entered: 02/07/2005)
02/07/2005400Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit Exhibit 123# 2 Exhibit Exhibit 124# 3 Exhibit Exhibit 125# 4 Exhibit Exhibit 126# 5 Exhibit Exhibit 127# 6 Exhibit Exhibit 128# 7 Exhibit Exhibit 129)(Fox, Dana) Modified on 2/7/2005 (mpv, ). (Entered: 02/07/2005)
02/07/2005401Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit Exhibit 130# 2 Exhibit Exhibit 131# 3 Exhibit Exhibit 132# 4 Exhibit Exhibit 133# 5 Exhibit Exhibit 134# 6 Exhibit Exhibit 135# 7 Exhibit Exhibit 136# 8 Exhibit Exhibit 137)(Fox, Dana) Modified on 2/7/2005 (mpv, ). (Entered: 02/07/2005)
02/07/2005402Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit Exhibit 138# 2 Exhibit Exhibit 139# 3 Exhibit Exhibit 140# 4 Exhibit Exhibit 142# 5 Exhibit Exhibit 143# 6 Exhibit Exhibit 144# 7 Exhibit Exhibit 145)(Fox, Dana) Modified on 2/7/2005 (mpv, ). (Entered: 02/07/2005)
02/07/2005403Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit Exhibit 146# 2 Exhibit Exhibit 146 (Part 1)# 3 Exhibit Exhibit 146 (Part 2)# 4 Exhibit Exhibit 147# 5 Exhibit Exhibit 148# 6 Exhibit Exhibit 149)(Fox, Dana) Modified on 2/7/2005 (mpv, ). (Entered: 02/07/2005)
02/07/2005404Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit Exhibit 156# 2 Exhibit Exhibit 151# 3 Exhibit Exhibit 152# 4 Exhibit Exhibit 152 (Part 1)# 5 Exhibit Exhibit 153# 6 Exhibit Exhibit 154# 7 Exhibit Exhibit 155# 8 Exhibit Exhibit 156)(Fox, Dana) Modified on 2/7/2005 (mpv, ). (Entered: 02/07/2005)
02/07/2005405Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit Exhibit 157# 2 Exhibit Exhibit 158# 3 Exhibit Exhibit 159# 4 Exhibit Exhibit 160# 5 Exhibit Exhibit 161# 6 Exhibit Exhibit 162# 7 Exhibit Exhibit 163# 8 Exhibit Exhibit 164)(Fox, Dana) Modified on 2/7/2005 (mpv, ). (Entered: 02/07/2005)
02/07/2005406Additional Attachments to Main Document: 357 Response to Motion.. (Attachments: # 1 Exhibit Exhibit 165# 2 Exhibit Exhibit 165 (Part 1)# 3 Exhibit Exhibit 165 (Part 2)# 4 Exhibit Exhibit 166# 5 Exhibit Exhibit 167# 6 Exhibit Exhibit 167 (Part 1)# 7 Exhibit Exhibit 167 (Part 2)# 8 Exhibit Exhibit 168)(Fox, Dana) Modified on 2/7/2005 (mpv, ). (Entered: 02/07/2005)
02/07/2005407NOTICE by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Aventis Pasteur Inc, Eli Lilly and Company Notice of Additional Deposition Designations in Support of Defendants' Motion to Preclude the Proposed Testimony of Plaintiffs' Expert Witnesses (Attachments: # 1 # 2 # 3)(Rother, Charles) (Entered: 02/07/2005)
02/07/2005408BRIEF filed Plaintiff's Response To Defendants' Objection to the Affidavit of Jeffrey Bradstreet, M.D. by Vera Easter. (Fox, Dana) (Entered: 02/07/2005)
02/07/2005409 MOTION for Leave to File Excess Pages /Defendants' Unopposed Motion For Leave To Exceed Page Limitations Regarding Reply Memorandum In Further Support Of Their Motion To Preclude Testimony Of Plaintiffs' Expert Witnesses Pursuant To Fed.R.Evid. 401, 702, 703 and Daubert/ by Wyeth. (Attachments: # 1 Exhibit 1# 2 Text of Proposed Order)(Mark, Richard) (Entered: 02/07/2005)
02/07/2005410 MOTION for Leave to File Reply to Response in Excess of Five Pages (Unopposed) re: previously filed #398 by Eli Lilly and Company. (Attachments: # 1 Text of Proposed Order)(Miller, A) (Entered: 02/07/2005)
02/07/2005411RESPONSE in Support re 306 MOTION for Summary Judgment Vaccine Defendants' No-evidence Motion for Summary Judgment as to Fraud, Conspiracy and Punitive Damages Under Texas Law filed by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: # 1 Exhibit A)(Maloney, Collin) (Entered: 02/07/2005)
02/07/2005412 MOTION for Leave to File Reply to Response in Excess of Ten Page Limit (Unopposed) by Eli Lilly and Company. (Attachments: # 1 Exhibit Reply Brief# 2 Appendix C to Reply Brief# 3 Exhibit CCC to Appendix C of Reply Brief# 4 Exhibit DDD to Appendix C of Reply Brief# 5 Exhibit EEE to Appendix C of Reply Brief# 6 Text of Proposed Order)(Miller, A) (Entered: 02/07/2005)
02/07/2005413 MOTION for Leave to File Excess Pages of Vaccine Defendants' Reply in Further Support of Motion for Summary Judgment as to Warnings and Punitive Damages Under the Vaccine Act (Unopposed) by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: # 1 Text of Proposed Order # 2 Exhibit Reply in Further Support of Motion for Summary Judgment As To Warnings and Punitive Damages Under the Vaccine Act# 3 Exhibit)(Maloney, Collin) (Entered: 02/07/2005)
02/07/2005414RESPONSE in Support re 305 MOTION for Summary Judgment on General Causation filed by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Aventis Pasteur Inc, Eli Lilly and Company. (Chambers, James) (Entered: 02/07/2005)
02/07/2005415RESPONSE in Support re 314 MOTION for Summary Judgment On Warning Causation (replaces docket number 309) filed by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Aventis Pasteur Inc, Eli Lilly and Company. (Chambers, James) (Entered: 02/07/2005)
02/07/2005416NOTICE by Glaxosmithkline Biologicals S A of Filing of Vaccine Defendants' Exhibits 1 Through 8 Submitted for In-Camera Inspection in Connection With Their Reply in Further Support of Motion for Summary Judgment As To Warnings and Punitive Damages Under the Vaccine Act (Maloney, Collin) (Entered: 02/07/2005)
02/07/2005417FILED UNDER SEAL - EXHIBIT 1 - 8 submittedfor in camera inspection in connection with their reply in further support of motion for summary judgment as to warnings and punitive damages under the Vaccine Act filed by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, GDL International Inc, Aventis Pasteur Inc, Eli Lilly and Company. (ehs) (Entered: 02/09/2005)
02/08/2005418Minute Entry for proceedings held before Judge T. John Ward : Hearing on Daubert Motions held on 2/8/2005; Status Conference also held at 4:00 p.m. on 2/8/2005. (Court Reporter Judy Werlinger.) (shd, ) (Entered: 02/10/2005)
02/09/2005 Document #417 sent to Texarkana Division, copy to Judge Ward (ehs) (Entered: 02/09/2005)
02/11/2005419Joint MOTION to Amend/Correct Docket Conrtol Order by Merck & Co Inc, Wyeth, Glaxosmithkline Biologicals S A, Vera Easter, Aventis Pasteur Inc, Eli Lilly and Company, Glaxosmithkline. (Attachments: # 1 Text of Proposed Order Proposed Amended Docket Control Order)(Rother, Charles) (Entered: 02/11/2005)
02/14/2005420MEMORANDUM OPINION and ORDER granting in part 321 Motion to preclude testimony . Signed by Judge T. John Ward on 2/14/2005. (sm, ) (Entered: 02/14/2005)
02/14/2005421RESPONSE to Motion re 413 MOTION for Leave to File Excess Pages of Vaccine Defendants' Reply in Further Support of Motion for Summary Judgment as to Warnings and Punitive Damages Under the Vaccine Act (Unopposed) Plaintiffs' Surreply Opposing Vaccine Defendants' Motion for Summary Judgment as to Warnings and Punitive Damages Under the Vaccine Act filed by Vera Easter. (Fox, Dana) (Entered: 02/14/2005)
02/14/2005422***FILED IN ERROR PLEASE IGNORE EXCEEDS PAGE LIMIT, ATTY WILL REFILE***

RESPONSE to Motion re 314 MOTION for Summary Judgment On Warning Causation (replaces docket number 309) Plaintiffs' Surreply in Opposition to Defendants' Motion for summary judgment on "warning causation" filed by Vera Easter. (Attachments: # 1 Exhibit Exhibit 1 - Federal Register)(Fox, Dana) Modified on 2/15/2005 (mpv, ). (Entered: 02/14/2005)
02/14/2005423RESPONSE in Opposition re 306 MOTION for Summary Judgment Vaccine Defendants' No-evidence Motion for Summary Judgment as to Fraud, Conspiracy and Punitive Damages Under Texas Law Plaintiffs' Surreply in Opposition to Defendants' Motion for Summary Judgment as to Fraud, Conspiracy and Punitive Damages under Texas Law filed by Vera Easter. (Fox, Dana) (Entered: 02/14/2005)
02/14/2005 NOTICE of Deficiency regarding #422the Surreply to Motion for Summary Judgment submitted by Vera Easter. Exceeds Page Limit. Correction should be made by 2/15/05 (mpv, ) (Entered: 02/15/2005)
02/16/2005424 MOTION for Extension of Time to File Response/Reply /Agreed Motion To Extend Deadline For Defendants To Respond To Plaintiff's Motion Challenging The Propriety Of "Confidential Information" Designations/ by Wyeth. (Attachments: # 1 Text of Proposed Order)(Mark, Richard) (Entered: 02/16/2005)
02/16/2005425 MOTION extend pretrial deadlines by Vera Easter. (Attachments: # 1 Text of Proposed Order order# 2 Exhibit 1)(Fox, Dana) (Entered: 02/16/2005)
02/17/2005426ORDER granting 425 Motion to extend pretrial deadlines for one week . Signed by Judge T. John Ward on 2/17/2005. (sm, ) (Entered: 02/17/2005)
02/18/2005427***DEFICIENT DOCUMENT; PLEASE IGNORE; EXCEEDS PAGE LIMIT; ATTORNEY MUST REFILE***

REPLY to Response to Motion re 314 MOTION for Summary Judgment On Warning Causation (replaces docket number 309) Plaintiffs' Corrected Surreply in Opposition to Defendants' Motion for Summary Judgment filed by Vera Easter. (Attachments: # 1 Exhibit 44 Fed.Reg.37,434, 37,447)(Fox, Dana) Modified on 2/22/2005 (mpv, ). (Entered: 02/18/2005)
02/18/2005428 MOTION to Stay /Defendants Wyeth, Eli Lilly & Company, Merck & Co. And Aventis Pasteur, Inc.'s Motion For Stay Of Pretrial Proceedings Pending Determination Of The Dispositive Motion And For An Expedited Briefing Schedule by Wyeth. (Attachments: # 1 Exhibit 1 (Motion for Judgment)# 2 Text of Proposed Order)(Mark, Richard) (Entered: 02/18/2005)
02/18/2005 NOTICE of Deficiency regarding the #427 Sur-Reply to Motion #314 submitted by Vera Easter. Exceeds the page limit. Correction should be made by 2/22/05 (mpv, ) (Entered: 02/22/2005)
02/22/2005429 MOTION for Judgment as a Matter of Law, MOTION to Stay Pretrial Proceedings and Deadlines Pending Judgment by Glaxosmithkline. (Attachments: # 1 Exhibit - Proposed Final Judgment# 2 Exhibit - Proposed Order Granting Stay)(Carroll, Otis) (Entered: 02/22/2005)
02/22/2005430 MOTION for Judgment as a Matter of Law /Defendants Wyeth, Eli Lilly & Company, Merck & Co. And Aventis Pasteur Inc.'s Motion For Judgment Pursuant To Fed. R. Civ. 50(a), Or In The Alternative, Motion For Summary Judgment Pursuant To Fed. R. Civ. P. 56(b) by Wyeth. (Attachments: # 1 Text of Proposed Order)(Mark, Richard) (Entered: 02/22/2005)
02/22/2005431***FILED IN ERROR; PLEASE IGNORE***

REPLY to Response to Motion re 314 MOTION for Summary Judgment On Warning Causation (replaces docket number 309) Plaintiffs' Motion to Exceed Page Limitation Regarding Surreply to Motion for Summary Judgment filed by Vera Easter. (Attachments: # 1 Exhibit Surreply Brief# 2 Exhibit Exhibit 1# 3 Exhibit Proposed Order on Motion to Exceed Page Limit)(Fox, Dana) Modified on 2/23/2005 (mpv, ). (Entered: 02/22/2005)
02/23/2005432 MOTION for Extension of Time to File Response/Reply as to 397 MOTION Challenging the Propriety of "Confidential Information" Designations by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 02/23/2005)
02/24/2005433RESPONSE to Motion re 428 MOTION to Stay /Defendants Wyeth, Eli Lilly & Company, Merck & Co. And Aventis Pasteur, Inc.'s Motion For Stay Of Pretrial Proceedings Pending Determination Of The Dispositive Motion And For An Expedited Briefing Schedule, 429 MOTION for Judgment as a Matter of Law MOTION to Stay Pretrial Proceedings and Deadlines Pending Judgment filed by Vera Easter. (Fox, Dana) (Entered: 02/24/2005)
02/24/2005434 MOTION to Continue and Dismissal Without Prejudice by Vera Easter. (Attachments: # 1 Text of Proposed Order Motion for Continuance-ORDER# 2 Text of Proposed Order Voluntary Dismissal-ORDER# 3 Affidavit C. Andrew Waters)(Fox, Dana) (Entered: 02/24/2005)
02/24/2005435ORDER that court CANCELS all settings in this case, including the pre-trial conference and the jury selection and all deadlines in this case are STAYED pending further order of this court, except as provided herein and FURTHER ORDERED that pla file any response to dfts motion for judgment as a matter of law and motions for sum jgm relating to courts exclusion of Dr. Bradstreet's testimony by 3/2/2005 and dfts shall file any response to pla motion for continuance or voluntary dismissal without prejudice by the same date 3/2/2005. The court will issue any further orderes relating to disposition of this case after receiving the respective responses.. Signed by Judge T. John Ward on 2/24/2005. (sm, ) (Entered: 02/24/2005)
02/25/2005436TRANSCRIPT of Proceedings/Daubert Hearing held on 2/8/05 before Judge T John Ward. Court Reporter: Judith G. Werlinger. (mpv, ) (Entered: 02/25/2005)
03/01/2005437RESPONSE to Motion re 429 MOTION for Judgment as a Matter of Law MOTION to Stay Pretrial Proceedings and Deadlines Pending Judgment, 430 MOTION for Judgment as a Matter of Law /Defendants Wyeth, Eli Lilly & Company, Merck & Co. And Aventis Pasteur Inc.'s Motion For Judgment Pursuant To Fed. R. Civ. 50(a), Or In The Alternative, Motion For Summary Judgment Pursuant To Fed. R. Ci filed by Vera Easter. (Fox, Dana) (Entered: 03/01/2005)
03/02/2005438RESPONSE to Motion re 434 MOTION to Continue and Dismissal Without Prejudice /Defendants' Response To Plaintiff's Motion For Continuance To Allow For Development Of Additional Expert Testimony And, In The Alternative, Motion For Voluntary Dismissal Without Prejudice/ filed by Wyeth. (Mark, Richard) (Entered: 03/02/2005)
03/02/2005439RESPONSE in Opposition re 434 MOTION to Continue and Dismissal Without Prejudice filed by Glaxosmithkline Biologicals S A, Glaxosmithkline. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Maloney, Collin) (Entered: 03/02/2005)
03/29/2005440ORDER OF DISMISSAL WITHOUT PREJUDICE WITH CONDITIONS granting in part and denying in part 434 Motion to Continue or, in the alternative, motion for voluntary dismissal without prejudice. This case is dismissed without prejudice on the conditions imposed in this order. All other pending motions are denied as moot. Signed by Judge T. John Ward on 3/29/05. (mpv, ) (Entered: 03/29/2005)
01/17/2006 Shipped to FRC on 1/6/06, Accession Number 021 06 0022, Location A764, Box 44 Vol 1, Box 45 Vol 2-7, box 46 Vol 8-9 of 72. [For internal information only - case is either pending and imaged or closed.] (rml, ) (Entered: 01/17/2006)
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