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U.S. District Court [LIVE]
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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 | ||
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Vera Easter As next Friend of Jordan Delaney Easter |
represented by | Dana 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 | ||
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Aventis Pasteur Inc Individually and as successor-in-interest to Connaught Laboratories, Inc. Pasteur Merieux, and Pasteur Merieux Connaught |
represented by | James 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 | ||
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Bayer Corporation
TERMINATED: 06/14/2004 doing business as Indiana Bayer Corporation TERMINATED: 06/14/2004 |
represented by | Dean 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 | ||
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Dow Agrosciences LLC
TERMINATED: 05/27/2004 |
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| Defendant | ||
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Dow Chemical Company The
TERMINATED: 05/27/2004 |
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| Defendant | ||
| Eli Lilly and Company | represented by | Andrew 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 | ||
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Glaxosmithkline Individually and as successor-in-interest to Smithkline Beecham Corporation TERMINATED: 06/14/2004 |
represented by | Charles 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 | ||
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Johnson & Johnson Consumer Co Inc
TERMINATED: 06/14/2004 |
represented by | Don 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 by | Richard 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 | ||
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Ortho-Clinical Diagnostics
TERMINATED: 06/14/2004 |
represented by | Don 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 | ||
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TXU US Holdings Co Individually and as successor-in-interest to TXU Electric Company and Texas Utilities Electric Company TERMINATED: 05/27/2004 |
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| Defendant | ||
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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 by | Daniel 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 | ||
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Adventis Pasteur SA
TERMINATED: 09/07/2004 |
represented by | James 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 by | Winstol 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 |
| 06/30/2003 | 1 | Original 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) | |
| 07/02/2003 | 2 | Order 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) | |
| 07/31/2003 | 3 | First 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) | |
| 08/01/2003 | 4 | ORDER Appointing International Process Service ( signed by Judge T. John Ward ) cc: attys of record 8/1/03 (sm) (Entered: 08/01/2003) |
| 09/02/2003 | 5 | Answer 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) | |
| 09/02/2003 | 6 | Answer 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) | |
| 09/02/2003 | 7 | Corporate Disclosure Statement filed by Aventis Pasteur Inc (mpv) (Entered: 09/03/2003) |
| 09/02/2003 | 8 | MOTION 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) |
| 09/02/2003 | 9 | MOTION 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) | |
| 09/04/2003 | 10 | MOTION with memorandum in support by Eli Lilly and Co to dismiss , and alternative to stay Certain Parents' claims (mpv) (Entered: 09/04/2003) |
| 09/16/2003 | 11 | Application 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) | |
| 09/16/2003 | 12 | Application 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) | |
| 09/22/2003 | 13 | Notice of disclosure of interested parties by Glaxosmithkline (mpv) (Entered: 09/22/2003) |
| 09/22/2003 | 14 | Designation 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) |
| 09/22/2003 | 15 | Unopposed 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) |
| 09/23/2003 | 16 | Corporate Disclosure Statement filed by Bayer Corporation (mpv) (Entered: 09/23/2003) |
| 09/25/2003 | 17 | COMBINED 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) |
| 09/26/2003 | 18 | ORDER 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) |
| 09/29/2003 | 19 | MOTION 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) |
| 10/06/2003 | 20 | Notice of disclosure of Interested Parties by Wyeth (mpv) (Entered: 10/06/2003) |
| 10/06/2003 | 21 | Corporate Disclosure Statement filed by Wyeth (mpv) (Entered: 10/06/2003) |
| 10/07/2003 | 22 | Response 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) |
| 10/10/2003 | 23 | Corporate Disclosure Statement filed by Johnson & Johnson, Ortho-Clinical (mpv) (Entered: 10/10/2003) |
| 10/10/2003 | 24 | Reply by Bayer Corporation to response to [8-1] motion to dismiss Plas' first amended complaint (mpv) (Entered: 10/10/2003) |
| 10/17/2003 | 25 | Notice/Certificate of Interested Parties by Merck & Co Inc (mpv) (Entered: 10/20/2003) |
| 11/14/2003 | 26 | Notice of disclosure/Certificate of Interested Parties by Aventis Pasteur Inc (mpv) (Entered: 11/14/2003) |
| 11/17/2003 | 27 | Application 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) | |
| 11/18/2003 | 28 | Return of service executed via certified mail as to Glaxosmithkline 8/22/03 (mpv) (Entered: 11/18/2003) |
| 11/18/2003 | 29 | Return of service executed via certified mail as to Eli Lilly and Co 8/15/03 (mpv) (Entered: 11/18/2003) |
| 11/18/2003 | 30 | Return of service executed via certified mail as to Wyeth 8/22/03 (mpv) (Entered: 11/18/2003) |
| 11/18/2003 | 31 | Return of service executed via personal service as to Bayer Corporation 8/13/03 (mpv) (Entered: 11/18/2003) |
| 11/18/2003 | 32 | Return of service executed via personal service as to Aventis Pasteur Inc 8/13/03 (mpv) (Entered: 11/18/2003) |
| 11/18/2003 | 33 | Return of service executed via personal service as to Merck & Co Inc 8/13/03 (mpv) (Entered: 11/18/2003) |
| 11/18/2003 | 34 | Return of service executed via personal service as to Johnson & Johnson 8/13/03 (mpv) (Entered: 11/18/2003) |
| 11/18/2003 | 35 | Return of service executed via personal service as to Ortho-Clinical 8/13/03 (mpv) (Entered: 11/18/2003) |
| 12/22/2003 | 36 | Notice of Change of Address of Shook, Hardy & Bacon Law firm (Kansas City Office only) by Eli Lilly and Co (sm) (Entered: 12/22/2003) |
| 12/23/2003 | 37 | AGREED 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) |
| 12/30/2003 | 38 | ORDER 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) |
| 01/28/2004 | 39 | MOTION by Glaxosmithkline to dismiss for lack of personal jurisdiction (mpv) (Entered: 01/28/2004) |
| 01/28/2004 | 40 | Answer 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) | |
| 01/28/2004 | 41 | Corporate Disclosure Statement filed by Aventis Pasteur Inc (mpv) (Entered: 01/28/2004) |
| 02/11/2004 | 42 | ORDER 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) |
| 02/25/2004 | 43 | 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) |
| 03/01/2004 | 47 | 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) |
| 03/03/2004 | 44 | AFFIRMATIVE DEFENSES AND ORIGINAL ANSWER to Amended Complaint by Aventis Pasteur Inc.(mpv, ) (Entered: 03/04/2004) |
| 03/03/2004 | 45 | 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) |
| 03/04/2004 | 46 | MOTION to Substitute Attorney Dana C Fox for Attorney Melissa C. Katz by Vera Easter. (mpv, ) (Entered: 03/04/2004) |
| 03/04/2004 | 48 | MOTION to lift stay by Vera Easter. (mpv, ) (Entered: 03/08/2004) |
| 03/04/2004 | 49 | MOTION to Amend/Correct 3 Amended Complaint,and file second amended complaint contained in 48 by Vera Easter. (mpv, ) (Entered: 03/08/2004) |
| 03/04/2004 | 50 | MOTION to substitute proposed second amended complaint by Vera Easter. (mpv, ) (Entered: 03/08/2004) |
| 03/05/2004 | 51 | NOTICE of Designation of Attorney in Charge as Winstol D Carter Jr replacing Jeffrey S Wolf on behalf of Glaxosmithkline (mpv, ) (Entered: 03/08/2004) |
| 03/05/2004 | 52 | RESPONSE 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) |
| 03/08/2004 | 53 | UNOPPOSED MOTION for Extension of Time to File Plas' opposition to Dfts' motions for reconsideration by Vera Easter. (mpv, ) (Entered: 03/10/2004) |
| 03/12/2004 | 54 | REPLY 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) |
| 03/15/2004 | 55 | NOTICE of Attorney Appearance and Designation of Lead Counsel by James Dennis Chambers on behalf of Aventis Pasteur Inc (mpv, ) (Entered: 03/17/2004) |
| 03/16/2004 | 56 | SUR-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) |
| 03/19/2004 | 57 | ORDER 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) |
| 03/31/2004 | 58 | RESPONSE 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) |
| 04/01/2004 | 59 | MOTION to Substitute Attorney Dean Hunt for Sandra Phillips by Bayer Corporation. (sm, ) (Entered: 04/01/2004) |
| 04/05/2004 | 60 | MEMORANDUM 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) |
| 04/05/2004 | 71 | SECOND AMENDED COMPLAINT against all defendants, filed by Vera Easter.(mpv, ) (Entered: 04/19/2004) |
| 04/07/2004 | 61 | REPLY 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) |
| 04/08/2004 | 62 | REPLY 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) |
| 04/09/2004 | 63 | NOTICE 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) |
| 04/14/2004 | 64 | APPLICATION 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) | |
| 04/14/2004 | 72 | ANSWER to Second Amended Complaint 71 by Aventis Pasteur Inc.(mpv, ) (Entered: 04/19/2004) |
| 04/14/2004 | 73 | ANSWER to Second Amended Complaint 71 by Adventis Pasteur SA.(mpv, ) (Entered: 04/19/2004) |
| 04/15/2004 | 65 | NOTICE 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) |
| 04/15/2004 | 74 | ANSWER to Second Amended Complaint 71 by Merck & Co Inc.(mpv, ) (Entered: 04/19/2004) |
| 04/15/2004 | 75 | ANSWER to Second Amended Complaint 71 by Glaxosmithkline.(mpv, ) (Entered: 04/19/2004) |
| 04/16/2004 | 66 | NOTICE of Attorney Appearance of Andrew See of Shook, Hardy & Bacon LLP by Eli Lilly and Company (mpv, ) (Entered: 04/16/2004) |
| 04/16/2004 | 67 | APPLICATION 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) | |
| 04/16/2004 | 68 | APPLICATION 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) | |
| 04/16/2004 | 69 | APPLICATION 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) | |
| 04/16/2004 | 70 | SURREPLY 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) |
| 04/16/2004 | 76 | SURREPLY 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) |
| 04/19/2004 | 77 | ORDER 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) |
| 04/22/2004 | 78 | AMENDED DISCOVERY ORDER . Signed by Judge T. John Ward on 4/21/04. (mpv, ) (Entered: 04/23/2004) |
| 04/22/2004 | 79 | PROTECTIVE ORDER/AGREED CONFIDENTIALITY ORDER. Signed by Judge T. John Ward on 4/20/04. (mpv, ) (Entered: 04/23/2004) |
| 04/23/2004 | 80 | ANSWER to Second Amended Complaint and Jury Demand by Johnson & Johnson Consumer Co Inc.(mpv, ) (Entered: 04/26/2004) |
| 04/23/2004 | 81 | ANSWER to Second Amended Complaint and Jury Demand by Ortho-Clinical Diagnostics.(mpv, ) (Entered: 04/26/2004) |
| 04/26/2004 | 82 | ACKNOWLEDGEMENT OF RECEIPT on 4/19/04 by Wyeth (Atty Michael Klatt) as to 65 Notice of Hearing. (mpv, ) (Entered: 04/26/2004) |
| 04/28/2004 | 83 | SCHEDULING 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) | |
| 04/29/2004 | 84 | ANSWER to Second Amended Complaint by Eli Lilly and Company.(sm, ) (Entered: 04/29/2004) |
| 04/29/2004 | 85 | ANSWER to Second Amended Complaint by Bayer Corporation.(sm, ) (Entered: 04/29/2004) |
| 04/29/2004 | 86 | ANSWER to Second Amended Complaint by Wyeth.(sm, ) (Entered: 04/29/2004) |
| 05/05/2004 | 88 | TRANSCRIPT 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) |
| 05/07/2004 | 87 | APPLICATION 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) | |
| 05/07/2004 | 89 | ACKNOWLEDGEMENT OF RECEIPT on unknown by Wyeth (Atty Michael Klatt as to 83 Scheduling Order. (mpv, ) (Entered: 05/10/2004) |
| 05/11/2004 | 90 | NOTICE of Attorney Appearance by A Paul Miller on behalf of Eli Lilly and Company (mpv, ) (Entered: 05/12/2004) |
| 05/13/2004 | 91 | NOTICE of Attorney Appearance by Jacob Scott Janoe, Paul Reichert Elliott on behalf of Merck & Co Inc (mpv, ) (Entered: 05/13/2004) |
| 05/14/2004 | 92 | APPLICATION 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) | |
| 05/14/2004 | 93 | 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) |
| 05/14/2004 | 94 | 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) |
| 05/17/2004 | 95 | 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) |
| 05/17/2004 | 96 | NOTICE of Designation of C Andrew Waters as Attorney in Charge by Vera Easter (mpv, ) (Entered: 05/18/2004) |
| 05/18/2004 | 97 | ORDER denying 45 Motion for Reconsideration . Signed by Judge T. John Ward on 5/17/04. (mpv, ) (Entered: 05/18/2004) |
| 05/18/2004 | 98 | ORDER denying 43 Motion for Reconsideration . Signed by Judge T. John Ward on 5/17/04. (mpv, ) (Entered: 05/18/2004) |
| 05/20/2004 | 99 | CORPORATE DISCLOSURE STATEMENT filed by Eli Lilly and Company (mpv, ) (Entered: 05/21/2004) |
| 05/20/2004 | 100 | NOTICE of Disclosure by Eli Lilly and Company (mpv, ) (Entered: 05/21/2004) |
| 05/24/2004 | 101 | NOTICE of Initial Disclosure by Wyeth (mpv, ) (Entered: 05/24/2004) |
| 05/27/2004 | 103 | THIRD 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) | |
| 05/28/2004 | 102 | 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) |
| 05/28/2004 | 104 | NOTICE/CERTIFICATE of Interested Parties by Vera Easter (mpv, ) (Entered: 06/01/2004) |
| 05/28/2004 | 105 | MOTION to Appoint Guardian ad Litem by Vera Easter. (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 06/01/2004) |
| 05/28/2004 | 106 | NOTICE of Disclosure by Vera Easter (mpv, ) (Entered: 06/01/2004) |
| 06/01/2004 | 107 | APPLICATION 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) | |
| 06/01/2004 | 108 | APPLICATION 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) | |
| 06/01/2004 | 109 | MOTION to Compel deposition testimony of Kenneth Guito by Vera Easter. (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 06/01/2004) |
| 06/02/2004 | 110 | RESPONSE to Motion re 105 MOTION to Appoint Guardian Ad Litem ad Litem filed by Glaxosmithkline, Glaxosmithkline Biologicals S A. (sm, ) (Entered: 06/03/2004) |
| 06/04/2004 | 111 | 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) |
| 06/07/2004 | 112 | NOTICE of Disclosure by Adventis Pasteur SA (mrm, ) (Entered: 06/09/2004) |
| 06/07/2004 | 113 | NOTICE of Disclosure by Aventis Pasteur Inc (mrm, ) (Entered: 06/09/2004) |
| 06/09/2004 | 114 | MOTION for Leave to File amended complaint by Vera Easter. (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 06/09/2004) |
| 06/10/2004 | 115 | ANSWER to SECOND (sic THIRD) Amended Complaint by Eli Lilly and Company.(mpv, ) (Entered: 06/10/2004) |
| 06/10/2004 | 116 | ANSWER to THIRD Amended Complaint and JURY DEMAND by Wyeth.(mpv, ) (Entered: 06/10/2004) |
| 06/14/2004 | 117 | ORDER 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) |
| 06/14/2004 | 118 | ORDER 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) |
| 06/14/2004 | 119 | ORDER 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) |
| 06/14/2004 | 120 | ORDER 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) |
| 06/14/2004 | 121 | ORDER 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) |
| 06/14/2004 | 122 | ANSWER to THIRD Amended Complaint by Merck & Co Inc.(mpv, ) (Entered: 06/14/2004) |
| 06/14/2004 | 123 | MOTION to Withdraw 109 MOTION to Compel by Vera Easter. (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 06/15/2004) |
| 06/21/2004 | 124 | ORDER 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) |
| 06/21/2004 | 125 | ORDER 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) |
| 06/24/2004 | 126 | ANSWER and Affirmative Defenses to THIRD Amended Complaint by Aventis Pasteur Inc.(mpv, ) (Entered: 06/24/2004) |
| 06/25/2004 | 127 | ANSWER to Third Amended Complaint by Adventis Pasteur SA.(mpv, ) (Entered: 06/28/2004) |
| 06/28/2004 | 128 | SUMMONS 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) |
| 06/28/2004 | 129 | SUMMONS 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) |
| 06/30/2004 | 130 | ANSWER to Third Amended Complaint by Glaxosmithkline Biologicals S A.(sm, ) (Entered: 07/02/2004) |
| 06/30/2004 | 131 | ANSWER to Third Amended Complaint by Glaxosmithkline.(sm, ) (Entered: 07/02/2004) |
| 07/14/2004 | 135 | NOTICE (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) |
| 07/16/2004 | 132 | APPLICATION 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) | |
| 07/16/2004 | 133 | APPLICATION 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) | |
| 07/16/2004 | 134 | FILED IN MARSHALL NOTICE of Designation of Dana C. Fox as atty in charge by Vera Easter (sm, ) (Entered: 07/21/2004) |
| 07/16/2004 | 141 | 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) |
| 07/19/2004 | 136 | NOTICE of Attorney Appearance and request for service of papers by John Hoosnik Kim on behalf of Vera Easter (mpv, ) (Entered: 07/21/2004) |
| 07/19/2004 | 137 | NOTICE of Attorney Appearance and request for service of papers by Tom Powers on behalf of Vera Easter (mpv, ) (Entered: 07/21/2004) |
| 07/19/2004 | 138 | NOTICE of Attorney Appearance and request for service of papers by Michael Williams on behalf of Vera Easter (mpv, ) (Entered: 07/21/2004) |
| 07/19/2004 | 139 | NOTICE of Attorney Appearance and request for service of papers for Atty Marc Weingarten by Vera Easter (mpv, ) (Entered: 07/21/2004) |
| 07/19/2004 | 140 | APPLICATION 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) | |
| 07/23/2004 | 142 | NOTICE 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) |
| 07/23/2004 | 143 | MOTION/REQUEST for Hearing re 141 MOTION to Compel by Vera Easter. (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 07/23/2004) |
| 07/26/2004 | 144 | APPLICATION 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) | |
| 07/26/2004 | 145 | APPLICATION to Appear Pro Hac Vice by Attorney Steve Knowlton for Vera Easter. (mpv, ) (Entered: 07/27/2004) |
| 07/26/2004 | 146 | AMENDED 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) | |
| 07/27/2004 | 147 | APPLICATION 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) | |
| 07/28/2004 | 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 DOCUMENTS by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Text of Proposed Order)(Hill, Jack) (Entered: 07/28/2004) |
| 07/28/2004 | 149 | APPLICATION 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) | |
| 08/02/2004 | 150 | MOTION to Withdraw as Attorney R Jo Reser by Aventis Pasteur Inc. (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 08/03/2004) |
| 08/04/2004 | 151 | NOTICE of Disclosure of Interested Persons by Glaxosmithkline Biologicals S A (mpv, ) (Entered: 08/04/2004) |
| 08/05/2004 | 152 | 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) |
| 08/06/2004 | 153 | ORDER 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) |
| 08/06/2004 | 154 | ORDER 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) |
| 08/11/2004 | 155 | MOTION for Summary Judgment by Adventis Pasteur SA. (Attachments: # 1 Text of Proposed Order)(Chambers, James) (Entered: 08/11/2004) |
| 08/12/2004 | 156 | MOTION to Quash Subpoena by Vera Easter. (Attachments: # 1 Text of Proposed Order)(sm, ) (Entered: 08/12/2004) |
| 08/13/2004 | 157 | ORDER 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) |
| 08/13/2004 | 158 | ORDER 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) | |
| 08/16/2004 | 159 | RESPONSE 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) |
| 08/16/2004 | 160 | NOTICE 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) |
| 08/16/2004 | 161 | NOTICE by Glaxosmithkline, Glaxosmithkline Biologicals S A Documents Submitted Under Seal For In Camera Inspection (Maloney, Collin) (Entered: 08/16/2004) |
| 08/16/2004 | 162 | RESPONSE 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) |
| 08/16/2004 | 163 | RESPONSE 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) |
| 08/16/2004 | 164 | RESPONSE 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) |
| 08/16/2004 | 165 | RESPONSE 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) |
| 08/18/2004 | 166 | NOTICE of Hearing:TELEPHONE CONFERENCE set for 8/18/2004 10:00 AM before Judge T. John Ward is CANCELLED.(shd, ) (Entered: 08/18/2004) |
| 08/18/2004 | 167 | VACATED 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) |
| 08/18/2004 | 168 | MOTION to withdraw 156 MOTION to Quash subpoena duces tecum by Vera Easter. (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 08/19/2004) |
| 08/19/2004 | 169 | 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) |
| 08/19/2004 | 170 | NOTICE by Glaxosmithkline, Glaxosmithkline Biologicals S A Supplemental Agreed Confidentiality Order (Maloney, Collin) (Entered: 08/19/2004) |
| 08/20/2004 | 171 | 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) |
| 08/20/2004 | 172 | RESPONSE 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) |
| 08/20/2004 | 173 | AFFIDAVIT in Opposition re 141 MOTION to Compel filed by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Maloney, Collin) (Entered: 08/20/2004) |
| 08/24/2004 | 174 | ORDER 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) |
| 08/24/2004 | 175 | ORDER denying 171 Motion to Quash . Signed by Judge T. John Ward on 8/23/2004. (sm, ) (Entered: 08/24/2004) |
| 08/24/2004 | 176 | SUPPLEMENTAL AGREED CONFIDENTIALITY ORDER . Signed by Judge T. John Ward on 8/23/2004. (sm, ) (Entered: 08/24/2004) |
| 08/25/2004 | 177 | 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) |
| 08/26/2004 | 178 | RESPONSE 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) |
| 08/26/2004 | 179 | 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) |
| 08/27/2004 | 180 | ORDER 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) |
| 08/27/2004 | 181 | 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) |
| 08/31/2004 | 184 | APPLICATION 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) | |
| 09/01/2004 | 182 | Minute 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) |
| 09/02/2004 | 183 | 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) |
| 09/03/2004 | 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 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) | |
| 09/07/2004 | 186 | NOTICE 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) |
| 09/07/2004 | 187 | AGREED 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) |
| 09/07/2004 | 188 | ORDER granting 179 Motion to Withdraw withdrawing #169 motion. Signed by Judge T. John Ward on 9/2/2004. (sm, ) (Entered: 09/07/2004) |
| 09/07/2004 | 189 | ORDER 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) | |
| 09/07/2004 | 190 | ***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) |
| 09/08/2004 | 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 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) |
| 09/08/2004 | 192 | Proposed 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) | |
| 09/14/2004 | 193 | 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) |
| 09/15/2004 | 194 | 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) |
| 09/15/2004 | 195 | 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) |
| 09/21/2004 | 196 | 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) |
| 09/22/2004 | 197 | 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) |
| 09/27/2004 | 198 | Amended 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) |
| 09/29/2004 | 199 | 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) |
| 10/01/2004 | 200 | 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 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) |
| 10/04/2004 | 201 | NOTICE 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 | 202 | NOTICE 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) | |
| 10/04/2004 | 205 | TRANSCRIPT of Proceedings held on September 1, 2004 before Judge Thomas Ward. Court Reporter: Shea Sloan RE: motion hearing. (sm, ) (Entered: 10/06/2004) |
| 10/05/2004 | 203 | APPLICATION 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) | |
| 10/05/2004 | 204 | NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of Vera Easter (Smith, Melissa) (Entered: 10/05/2004) |
| 10/06/2004 | 206 | APPLICATION 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) | |
| 10/07/2004 | 207 | APPLICATION 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) | |
| 10/07/2004 | 208 | RESPONSE 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) |
| 10/07/2004 | 209 | 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) |
| 10/08/2004 | 210 | 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) |
| 10/13/2004 | 211 | ORDER 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) |
| 10/13/2004 | 212 | NOTICE of Attorney Appearance by Gene M Williams on behalf of Eli Lilly and Company (Williams, Gene) (Entered: 10/13/2004) |
| 10/14/2004 | 213 | RESPONSE 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) |
| 10/18/2004 | 214 | 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) |
| 10/18/2004 | 215 | 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 filed by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Exhibit Exhibits A and B)(Maloney, Collin) (Entered: 10/18/2004) |
| 10/25/2004 | 216 | *** 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) |
| 10/26/2004 | 217 | 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) (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) | |
| 10/27/2004 | 218 | 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) |
| 11/01/2004 | 219 | 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) |
| 11/05/2004 | 220 | 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 Fed.R.Civ.P. 56(b) filed by Vera Easter. (Attachments: # 1 Affidavit Declaration of Charles S Siegel)(Fox, Dana) (Entered: 11/05/2004) |
| 11/08/2004 | 221 | ***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) |
| 11/08/2004 | 222 | ORDER 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) |
| 11/08/2004 | 223 | ORDER 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) | |
| 11/10/2004 | 224 | 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) |
| 11/11/2004 | 225 | 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) |
| 11/11/2004 | 226 | 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) |
| 11/11/2004 | 227 | 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) |
| 11/12/2004 | 228 | Amended 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) |
| 11/16/2004 | 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 by Glaxosmithkline, Glaxosmithkline Biologicals S A. (Attachments: # 1 Text of Proposed Order)(Maloney, Collin) (Entered: 11/16/2004) |
| 11/16/2004 | 230 | Joint 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) |
| 11/19/2004 | 231 | REPLY 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) |
| 11/19/2004 | 232 | RESPONSE 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) |
| 11/22/2004 | 233 | AMENDED ANSWER to Plaintiff's Third 103 Amended Complaint, by Glaxosmithkline Biologicals S A. (Maloney, Collin) (Entered: 11/22/2004) |
| 11/22/2004 | 234 | ***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) |
| 11/22/2004 | 235 | AMENDED ANSWER to Plaintiff's Third 103 Amended Complaint, by Glaxosmithkline. (Maloney, Collin) (Entered: 11/22/2004) |
| 11/23/2004 | 236 | 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) | |
| 11/23/2004 | 237 | RESPONSE 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) |
| 11/24/2004 | 238 | ORDER 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) |
| 11/29/2004 | 239 | REPLY 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) |
| 11/29/2004 | 240 | First MOTION for Hearing and Proposed Order by Vera Easter. (Fox, Dana) Additional attachment(s) added on 11/30/2004 (mpv, ). (Entered: 11/29/2004) |
| 12/01/2004 | 241 | ***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) |
| 12/01/2004 | 242 | ***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) |
| 12/01/2004 | 243 | ***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) | |
| 12/02/2004 | 244 | ***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) |
| 12/02/2004 | 245 | 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) |
| 12/02/2004 | 246 | NOTICE 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) |
| 12/02/2004 | 247 | RESPONSE 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) |
| 12/02/2004 | 248 | RESPONSE 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) |
| 12/02/2004 | 249 | ***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) |
| 12/02/2004 | 250 | ***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) | |
| 12/02/2004 | 251 | ***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) |
| 12/02/2004 | 252 | MOTION 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) | |
| 12/06/2004 | 253 | RESPONSE to 200 Response to Motion,,,,, Supplement to document 200 by Vera Easter. (Attachments: # 1 Supplement)(Fox, Dana) (Entered: 12/06/2004) |
| 12/07/2004 | 254 | 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) |
| 12/09/2004 | 255 | 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) |
| 12/09/2004 | 256 | RESPONSE 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) |
| 12/09/2004 | 257 | 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) |
| 12/09/2004 | 258 | FILED 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) | |
| 12/09/2004 | 259 | 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) |
| 12/09/2004 | 260 | FILED 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) | |
| 12/10/2004 | 261 | Minute 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) |
| 12/13/2004 | 262 | ORDER 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) |
| 12/14/2004 | 263 | 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) | |
| 12/14/2004 | 264 | RESPONSE 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) |
| 12/14/2004 | 265 | Amended 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) |
| 12/15/2004 | 266 | ORDER 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) |
| 12/15/2004 | 267 | ORDER 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) |
| 12/15/2004 | 268 | ORDER 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) |
| 12/15/2004 | 269 | ORDER 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) |
| 12/15/2004 | 270 | ORDER 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) |
| 12/15/2004 | 271 | SEALED 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) | |
| 12/16/2004 | 272 | RESPONSE 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) |
| 12/16/2004 | 273 | ORDER 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) |
| 12/16/2004 | 274 | AGREED 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) |
| 12/17/2004 | 275 | 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) |
| 12/17/2004 | 276 | RESPONSE 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) |
| 12/20/2004 | 277 | Witness List by Vera Easter. (Fox, Dana) (Entered: 12/20/2004) |
| 12/20/2004 | 278 | 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) |
| 12/21/2004 | 279 | RESPONSE 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) |
| 12/22/2004 | 280 | ORDER 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) |
| 12/22/2004 | 281 | ORDER 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) |
| 12/27/2004 | 282 | RESPONSE 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) |
| 01/03/2005 | 283 | 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) |
| 01/04/2005 | 284 | NOTICE 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) |
| 01/07/2005 | 285 | 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) |
| 01/07/2005 | 286 | TRANSCRIPT 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) |
| 01/10/2005 | 287 | Witness List by Eli Lilly and Company. (Miller, A) (Entered: 01/10/2005) |
| 01/10/2005 | 288 | Witness List by Aventis Pasteur Inc. (Chambers, James) (Entered: 01/10/2005) |
| 01/10/2005 | 289 | 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) |
| 01/10/2005 | 290 | 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) |
| 01/10/2005 | 291 | Witness List by Glaxosmithkline Biologicals S A. (Maloney, Collin) (Entered: 01/10/2005) |
| 01/10/2005 | 292 | Witness List by Merck & Co Inc. (Elliott, Paul) (Entered: 01/10/2005) |
| 01/10/2005 | 293 | Witness List by Wyeth. (Klatt, Michael) (Entered: 01/10/2005) |
| 01/11/2005 | 294 | NOTICE by Vera Easter of Appearance of Additional Counsel (Fox, Dana) (Entered: 01/11/2005) |
| 01/12/2005 | 295 | NOTICE 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) |
| 01/12/2005 | 296 | NOTICE by Glaxosmithkline Biologicals S A of Defendants' Objection to Plaintiffs' Jury Questionnaire (Document #289) (Maloney, Collin) (Entered: 01/12/2005) |
| 01/13/2005 | 297 | NOTICE of Attorney Appearance (filed as app for PHV) by Peter Andrew Kraus on behalf of Vera Easter (rml, ) (Entered: 01/13/2005) |
| 01/13/2005 | 298 | NOTICE 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) |
| 01/13/2005 | 299 | NOTICE 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) |
| 01/13/2005 | 300 | 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) |
| 01/13/2005 | 301 | 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) |
| 01/14/2005 | 302 | ORDER 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) |
| 01/14/2005 | 303 | 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) |
| 01/18/2005 | 304 | ORDER FOR JURY PANEL. Signed by Judge T. John Ward on 1/13/05. (mrm, ) (Entered: 01/18/2005) |
| 01/18/2005 | 305 | 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) |
| 01/18/2005 | 306 | 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) |
| 01/18/2005 | 307 | 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) |
| 01/18/2005 | 308 | RESPONSE 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) |
| 01/18/2005 | 309 | ***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) |
| 01/18/2005 | 310 | 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) |
| 01/18/2005 | 311 | 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) |
| 01/18/2005 | 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 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) |
| 01/18/2005 | 313 | 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) |
| 01/19/2005 | 314 | 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) | |
| 01/19/2005 | 315 | Supplemental 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) |
| 01/19/2005 | 316 | AMENDED 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) |
| 01/19/2005 | 317 | NOTICE 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) |
| 01/21/2005 | 318 | 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) |
| 01/21/2005 | 319 | REPLY 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) |
| 01/24/2005 | 320 | 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 filed by Vera Easter. (Attachments: # 1 Text of Proposed Order Order# 2 Exhibit Exhibit 1)(Fox, Dana) (Entered: 01/24/2005) |
| 01/25/2005 | 321 | 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) |
| 01/25/2005 | 322 | Additional 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) |
| 01/25/2005 | 323 | Additional 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) |
| 01/25/2005 | 324 | Additional 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) |
| 01/25/2005 | 325 | Additional 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) |
| 01/25/2005 | 326 | Additional 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) |
| 01/25/2005 | 327 | Additional 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) |
| 01/25/2005 | 328 | Additional 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) |
| 01/25/2005 | 329 | Additional 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) |
| 01/25/2005 | 330 | Additional 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) |
| 01/25/2005 | 331 | Additional 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) |
| 01/25/2005 | 332 | Additional 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) |
| 01/25/2005 | 333 | Additional 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) |
| 01/25/2005 | 334 | Additional 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) |
| 01/25/2005 | 335 | Additional 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) |
| 01/26/2005 | 336 | MOTION to Substitute Attorney In-Charge by Wyeth. (Attachments: # 1 Text of Proposed Order)(Klatt, Michael) (Entered: 01/26/2005) |
| 01/26/2005 | 337 | NOTICE 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) |
| 01/26/2005 | 338 | ORDER 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) | |
| 01/27/2005 | 339 | MOTION to Substitute Attorney -In-Charge by Eli Lilly and Company. (Attachments: # 1 Text of Proposed Order)(Miller, A) (Entered: 01/27/2005) |
| 01/28/2005 | 340 | Additional 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) |
| 01/28/2005 | 341 | RESPONSE 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) |
| 01/31/2005 | 342 | ORDER 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) |
| 01/31/2005 | 343 | RESPONSE 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) |
| 01/31/2005 | 344 | NOTICE by Vera Easter Plaintiff's Revised Witness List, Pared-Down Exhibit List and Anticipated Deposition Designations (Fox, Dana) (Entered: 01/31/2005) |
| 01/31/2005 | 345 | NOTICE 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) |
| 01/31/2005 | 346 | REPLY 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) |
| 01/31/2005 | 347 | RESPONSE 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) |
| 01/31/2005 | 348 | RESPONSE 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) |
| 01/31/2005 | 349 | RESPONSE 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) |
| 01/31/2005 | 350 | RESPONSE 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) |
| 01/31/2005 | 351 | ***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) |
| 01/31/2005 | 352 | RESPONSE 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) |
| 01/31/2005 | 353 | ***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) |
| 01/31/2005 | 354 | RESPONSE 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) |
| 01/31/2005 | 355 | NOTICE 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) | |
| 02/01/2005 | 356 | NOTICE by Aventis Pasteur Inc of Compliance (Chambers, James) (Entered: 02/01/2005) |
| 02/01/2005 | 357 | 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) |
| 02/01/2005 | 358 | NOTICE of Disclosure by Eli Lilly and Company Notice of Pretrial Disclosures (Miller, A) (Entered: 02/01/2005) |
| 02/01/2005 | 359 | Additional 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) |
| 02/01/2005 | 360 | Additional 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) |
| 02/01/2005 | 361 | NOTICE 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) |
| 02/01/2005 | 362 | ORDER 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) | |
| 02/02/2005 | 363 | NOTICE by Merck & Co Inc Notice of Pre-Trial Disclosures (Elliott, Paul) (Entered: 02/02/2005) |
| 02/02/2005 | 364 | ***DEFICIENT DOCUMENT, PLEASE IGNORE, ATTORNEY MUST REFILE*** |
| 02/02/2005 | 365 | ***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) |
| 02/02/2005 | 366 | ***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) |
| 02/02/2005 | 367 | ***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) |
| 02/02/2005 | 368 | ***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) |
| 02/02/2005 | 369 | ***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) |
| 02/02/2005 | 370 | ***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) |
| 02/02/2005 | 371 | ***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) |
| 02/02/2005 | 372 | ***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) | |
| 02/02/2005 | 373 | RESPONSE 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) |
| 02/02/2005 | 374 | Minute 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) |
| 02/04/2005 | 375 | Additional 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) |
| 02/04/2005 | 376 | Additional 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) |
| 02/04/2005 | 377 | Additional 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) |
| 02/04/2005 | 378 | Additional 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) |
| 02/04/2005 | 379 | Additional 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) |
| 02/04/2005 | 380 | Additional 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) |
| 02/04/2005 | 381 | Additional 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) |
| 02/04/2005 | 382 | Additional 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) |
| 02/04/2005 | 383 | Additional 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) |
| 02/04/2005 | 384 | Additional 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) |
| 02/04/2005 | 385 | Additional 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) |
| 02/04/2005 | 386 | Additional 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) |
| 02/04/2005 | 387 | ORDER 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) |
| 02/04/2005 | 388 | Additional 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) |
| 02/04/2005 | 389 | Additional 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) |
| 02/04/2005 | 390 | Additional 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) |
| 02/04/2005 | 391 | Additional 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) |
| 02/04/2005 | 392 | REPLY 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) |
| 02/04/2005 | 393 | Additional 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) |
| 02/04/2005 | 394 | Additional 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) |
| 02/04/2005 | 395 | Additional 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) |
| 02/04/2005 | 396 | 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 filed by Vera Easter. (Fox, Dana) (Entered: 02/04/2005) |
| 02/04/2005 | 397 | 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) |
| 02/04/2005 | 398 | ***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) | |
| 02/07/2005 | 399 | Additional 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) |
| 02/07/2005 | 400 | Additional 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) |
| 02/07/2005 | 401 | Additional 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) |
| 02/07/2005 | 402 | Additional 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) |
| 02/07/2005 | 403 | Additional 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) |
| 02/07/2005 | 404 | Additional 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) |
| 02/07/2005 | 405 | Additional 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) |
| 02/07/2005 | 406 | Additional 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) |
| 02/07/2005 | 407 | NOTICE 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) |
| 02/07/2005 | 408 | BRIEF filed Plaintiff's Response To Defendants' Objection to the Affidavit of Jeffrey Bradstreet, M.D. by Vera Easter. (Fox, Dana) (Entered: 02/07/2005) |
| 02/07/2005 | 409 | 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) |
| 02/07/2005 | 410 | 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) |
| 02/07/2005 | 411 | RESPONSE 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) |
| 02/07/2005 | 412 | 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) |
| 02/07/2005 | 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) 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) |
| 02/07/2005 | 414 | RESPONSE 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) |
| 02/07/2005 | 415 | RESPONSE 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) |
| 02/07/2005 | 416 | NOTICE 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) |
| 02/07/2005 | 417 | FILED 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) |
| 02/08/2005 | 418 | Minute 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) | |
| 02/11/2005 | 419 | Joint 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) |
| 02/14/2005 | 420 | MEMORANDUM 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) |
| 02/14/2005 | 421 | RESPONSE 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) |
| 02/14/2005 | 422 | ***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) |
| 02/14/2005 | 423 | RESPONSE 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) | |
| 02/16/2005 | 424 | 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) |
| 02/16/2005 | 425 | MOTION extend pretrial deadlines by Vera Easter. (Attachments: # 1 Text of Proposed Order order# 2 Exhibit 1)(Fox, Dana) (Entered: 02/16/2005) |
| 02/17/2005 | 426 | ORDER 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) |
| 02/18/2005 | 427 | ***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) |
| 02/18/2005 | 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 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) | |
| 02/22/2005 | 429 | 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) |
| 02/22/2005 | 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. Civ. P. 56(b) by Wyeth. (Attachments: # 1 Text of Proposed Order)(Mark, Richard) (Entered: 02/22/2005) |
| 02/22/2005 | 431 | ***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) |
| 02/23/2005 | 432 | 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) |
| 02/24/2005 | 433 | RESPONSE 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) |
| 02/24/2005 | 434 | 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) |
| 02/24/2005 | 435 | ORDER 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) |
| 02/25/2005 | 436 | TRANSCRIPT of Proceedings/Daubert Hearing held on 2/8/05 before Judge T John Ward. Court Reporter: Judith G. Werlinger. (mpv, ) (Entered: 02/25/2005) |
| 03/01/2005 | 437 | RESPONSE 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) |
| 03/02/2005 | 438 | RESPONSE 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) |
| 03/02/2005 | 439 | RESPONSE 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) |
| 03/29/2005 | 440 | ORDER 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) |
