Cosolito v. GlaxoSmithKline LLC
Consolidated
Lead case: 1:15-md-02657
Lead case: 1:15-md-02657
| Massachusetts District Court | |
| Judge: | F Dennis Saylor, IV |
| Case #: | 1:19-cv-11024 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | May 01, 2019 |
| Terminated: | Oct 16, 2019 |
| Case in other court: | New York Eastern, 1:19-cv-02126 |
| Last checked: Monday Oct 28, 2019 4:42 AM EDT |
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Defendant
GlaxoSmithKline LLC
200 North 16th Street
Philadelphia, PA 19102 |
Represented By
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Plaintiff
Leslie Cosolito
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Represented By
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| Docket last updated: 03/31/2025 11:59 PM EDT |
| Tuesday, October 15, 2019 | ||
| 25 | 25
minutes
Status Conference
Tue 10/15 4:36 PM
Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 10/15/2019. 1) The Court heard updates on the current total of federal and state filings. 2) The Court heard updates on Phase 5 discovery. 3) The Court scheduled argument on GSK's motion to compel Dr. Zambelli-Weiner to produce documents and leave for second deposition (Docket Nos. 1662, 1665) for October 25, 2019 at 11:30 a.m. 4) The Court set further deadlines for briefing on GSK's renewed motion for summary judgment based on federal preemption. Plaintiffs' opposition remains due by October 18, 2019. Defendant's reply is due by October 29, 2019. The motion will be argued on either November 4, 5, or 6, 2019, depending on the parties' availability. A further order setting the date will issue. 5) The Court heard the parties' proposals for a pretrial schedule in in Rodriguez v. GSK, Case No. 1:15-cv-13762. The Court set a pretrial schedule, which will be contained in a written order to be issued today. 6) The Court scheduled argument on Rodriguez-specific Daubert and summary judgment motions for November 13, 2019 at 11:00 a.m. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
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| Friday, October 11, 2019 | ||
| 24 | 24
notice
Notice of Voluntary Dismissal
Fri 10/11 4:15 PM
NOTICE of Voluntary Dismissal by All Plaintiffs (DiJoseph, III, Arnold) |
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| 23 | 23
notice
Notice - Other
Fri 10/11 2:04 PM
NOTICE TO TELEPHONE PARTICIPANTS: Please use the following Participant line: (866) 342-8591 and Conference ID: Zofran for the Status Conference set for October 15, 2019 at 11:00 AM. REMINDER: Counsel who wish to address the court by telephone must notify the courtroom deputy by email prior to the conference. Counsel who are not addressing the Court, please mute your telephones, so that you may hear the proceeding but other participants will not hear background noise or interference. Please do not put your telephone on hold. Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
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| Wednesday, September 18, 2019 | ||
| 22 | 22
minutes
Status Conference
Fri 09/20 3:13 PM
Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 9/18/2019. 1)The Court heard updates on the current total of federal and state filings. 2)The Court heard updates on Phase 5 discovery. 3)The Court heard argument on 1647 PSCs Motion to Strike Evidence from GSKs Renewed Motion for Summary Judgment Based on Preemption and took the matter under advisement. 4)The Court scheduled a final pretrial conference in Rodriguez v. GSK, Case No. 1:15-cv-13762, for January 9, 2020 at 2:00 p.m. 5)The Court set pretrial disclosure deadlines in Rodriguez as follows: exhibit lists, witness lists, proposed jury instructions, and proposed voir dire questions to be filed by December 14, 2019; motions in limine to be filed by December 7, 2019, with oppositions due by December 16, 2019. 6)The Court set a deadline of October 25, 2019 for plaintiffs oppositions to GSKs summary judgment motions in Rodriguez. 7)The Court scheduled the October status conference for 10/15/2019 at 11:00 a.m. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
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| Tuesday, September 17, 2019 | ||
| 21 | 21
notice
Notice - Other
Tue 09/17 11:43 AM
NOTICE TO TELEPHONE PARTICIPANTS: Please use the following Participant line: (877) 876-9173 and Conference ID: Zofran for the Status Conference set for September 18, 2019 at 1:30 PM. REMINDER: Counsel who wish to address the court by telephone must notify the courtroom deputy by email prior to the conference. Counsel who are not addressing the Court, please mute your telephones, so that you may hear the proceeding but other participants will not hear background noise or interference. Do not put your telephone on hold. Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
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| Wednesday, August 14, 2019 | ||
| 20 | 20
minutes
Status Conference
Fri 08/16 12:01 PM
Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 8/14/2019. (1) The Court heard updates on the current total of federal and state filings. (2) The Court heard updates on Phase 5 discovery. (3) A further colloquy was held about the possibility of inviting the FDA to file an amicus brief in connection with the GSKs renewed motion for summary judgment based on federal preemption. (4) The Court heard updates on exhibits to GSKs renewed motion for summary judgment based on federal preemption. (5) 1616 Plaintiffs Executive Committees Motion to Amend Order on In Camera Production of Documents Concerning Dr. April Zambelli-Weiner, to the extent it is a motion seeking relief from the Court, is DENIED. (6) A colloquy was held about 1518 GSKs Supplement to Its Motion to Compel Dr. Zambelli-Weiner to Produce Documents in Compliance with the Courts Prior Orders. (7) The Court heard argument on 1562 PSCs Motion to Compel Information on GSKs Payments to Zofran Study Authors. For the reasons stated on the record, the motion is DENIED without prejudice to its renewal. (8) The Court heard argument on 1630 GSKs Emergency Motion to Quash the Parker Subpoena or, in the Alternative, for a Protective Order. For the reasons stated on the record, the motion is GRANTED. (9) The Court heard updates on 1526 GSKs Motion for Summary Judgment Based on Lack of General Causation Evidence, which is currently under advisement. (10) The Court scheduled trial in Rodriguez v. GSK, Case No. 1:15-cv-13762, the first case selected for trial, to begin on January 13, 2020. (11) Due to the unavailability of counsel, the Court rescheduled the October status conference, originally scheduled for 10/17/2019, for 10/15/2019 at 11:00 a.m. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
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| Monday, August 12, 2019 | ||
| 19 | 19
notice
Notice - Other
Mon 08/12 11:41 AM
Counsel may attend the status conference set for 8/14/2019 at 1:30 p.m. by telephone. Please use the following dial-in information: DIAL IN: 1-866-952-8559, CONFERENCE ID: Zofran REMINDER: Counsel who are not addressing the Court, please mute your telephones, so that you can hear the proceeding but other participants will not hear any unwanted noise or interference. Do not put your telephone on hold. Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
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| Monday, August 05, 2019 | ||
| 18 | 18
minutes
Telephone Conference
Tue 08/06 4:03 PM
Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Telephone Conference held on 8/5/2019. Briefing schedule for GSK's Motion for Summary Judgment Based on Federal Preemption and Plaintiff's Motion to Strike addressed. Court sets deadlines as follows: Plaintiff's response to GSK's Motion for Summary Judgment Based on Federal Preemption due 10/11/2019. Plaintiff's Motion to Strike shall be filed by 8/26/2019; responses due 9/10/2019. Oral argument shall take place 9/18/2019 at 1:30 PM. Next status remains set for 8/14/2019. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
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| Wednesday, July 24, 2019 | ||
| 17 | 17
2
pgs
order
Order ~Util - Terminate Motions
Wed 07/24 1:36 PM
Judge F. Dennis Saylor, IV: ORDER entered. MDL Order No. 36. ORDER FURTHER SUPPLEMENTING AND MODIFYING MDL ORDER NOS. 30, 31, AND 34 GOVERNING SCHEDULING OF PHASE 5, GROUP 1 CASE-SPECIFIC EXPERT DISCOVERY AND DAUBERT AND DISPOSITIVE MOTIONS. Associated Cases: 1:15-md-02657-FDS et al. (Bono, Christine) |
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| Tuesday, July 16, 2019 | ||
| 16 | 16
2
pgs
order
Order
Tue 07/16 4:01 PM
Judge F. Dennis Saylor, IV: ORDER entered. MDL Order No. 35Associated Cases: 1:15-md-02657-FDS et al.(McDonagh, Christina) |
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| Wednesday, July 10, 2019 | ||
| 15 | 15
minutes
Status Conference
Mon 07/15 11:57 AM
Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 7/10/2019. (1) The Court heard updates on the current total of federal and state filings. (2) The Court heard updates on Phase 5 discovery. (3) A colloquy was held about scheduling issues in Rodriguez v. GSK, Case No. 1:15-cv-13762, the first case selected for trial. The Court will postpone the 9/16/2019 trial date in order to address the issue of federal preemption. Trial counsel are directed to file statements of their availability in late 2019 and early 2020 with the Court by 7/17/2019 so that the trial can be rescheduled. (4) A colloquy was held about how the Court should proceed in light of the United States Supreme Courts recently issued decision in Merck Sharp & Dohme Corp. v. Albrecht. GSK will have until 7/18/2019 to file a renewed motion for summary judgment on the basis of preemption. Any oppositions must be filed within 45 days after service of the motion, and any replies must be filed within 14 days after service of the opposition. In addition, the parties will have until 7/24/2019 to file proposed language for a submission inviting the FDA to file an amicus brief in connection with the forthcoming motion. (5) The Court heard updates on plaintiffs motion to compel discovery from a GSK consultant. (6) The Court scheduled further status conferences for 8/14/2019; 9/18/2019; and 10/17/2019. (7) The Court heard argument on GSKs motions for summary judgment based on lack of general causation evidence and took the matters under advisement. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
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| Tuesday, July 09, 2019 | ||
| 14 | 14
notice
Notice - Other
Tue 07/09 11:04 AM
NOTICE TO TELEPHONE PARTICIPANTS: Please use the following Participant line: (800) 459-5346 and Conference ID: Zofran for the Status Conference set for July 10, 2019 at 1:30 PM Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
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| Tuesday, June 25, 2019 | ||
| 13 | 13
2
pgs
order
Order
Tue 06/25 12:09 PM
Judge F. Dennis Saylor, IV: ORDER entered. MDL Order No. 34. ORDER FURTHER SUPPLEMENTING AND MODIFYING MDL ORDER NOS. 30 AND 31. Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) |
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| Tuesday, June 11, 2019 | ||
| 12 | 12
minutes
Status Conference
Wed 06/12 3:52 PM
Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 6/11/2019. (1) The Court heard updates on the current total of federal and state filings. (2) The Court heard updates on Phase 5 fact discovery. (3) The Court heard updates on Phase 5 expert discovery, including Magistrate Judge Dein's recently issued order on plaintiffs motions to compel in Fluth v. GSK, Case No. 1:17-cv-10066. (4) The Court heard updates on Phase 5, Group 1 trial selections, including Rodriguez v. GSK, Case No. 1:15-cv-13762, the first case selected for trial. (5) A colloquy was held about how the Court should proceed in light of the United States Supreme Court's recently issued decision in Merck Sharp & Dohme Corp. v. Albrecht. The parties will have until 7/1/2019 to file any additional briefing on the question of preemption, such as a renewed motion for summary judgment. Any oppositions will be due 7/9/2019. The Court will take the matter up at the 7/10/2019 status conference. (6) A colloquy was held about trial logistics and setting a timetable for further pretrial filings. (7) The Court heard updates on GSK's motion for summary judgment based on lack of general causation evidence, and a colloquy was held about filing logistics. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Pezzarossi, Lisa) |
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| Monday, June 10, 2019 | ||
| 11 | 11
service
Summons Issued
Mon 06/10 12:03 PM
Summons Issued as to GlaxoSmithKline LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Halley, Taylor) |
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| Tuesday, May 07, 2019 | ||
| 10 | 10
notice
Notice of Appearance
Tue 05/07 11:59 AM
NOTICE of Appearance by Jennifer M. Stevenson on behalf of GlaxoSmithKline LLC (Stevenson, Jennifer) |
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| Wednesday, May 01, 2019 | ||
| 9 | 9
30+
pgs
order
Order
Wed 05/01 12:09 PM
Judge F. Dennis Saylor, IV: MDL ORDERS NO. 1-11 entered. (See lead case for further procedural orders.)(Jones, Sherry) |
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| 8 | 8
notice
Notice re: MDL Case Transferred
Wed 05/01 12:06 PM
NOTICE TO ALL COUNSEL: Pursuant to CTO Number: 36, MDL No. 2657 has been transferred from Eastern District of New York and assigned civil action number: 19-11024 Eastern District of New York case number: 19-2126 In Re: Zofran (Ondansetron) Products Liability Litigation, MDL 2657 (Jones, Sherry) |
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| 7 | 7
notice
Notice of Case Assignment
Wed 05/01 12:05 PM
ELECTRONIC NOTICE of Case Assignment. Judge F. Dennis Saylor, IV assigned to case. (Jones, Sherry) |
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| 6 | 6
transfer
Case Transferred In - District Transfer
Wed 05/01 12:03 PM
Case transferred in from District of New York Eastern; Case Number 1:19-cv-02126. |
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| Tuesday, April 30, 2019 | ||
| 5 | 5
CERTIFIED COPY OF JPMDL Conditional Transfer Order CTO-36 - common to the actions previously transferred to the District of Massachusetts and assigned to Judge Saylor. Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. § 1407 to the District of Massachusetts for the reasons stated in the order of October 13, 2015, and, with the consent of that court, assigned to the Honorable F. Dennis Saylor. (Marziliano, August)
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| Case transferred to District of Massachusetts. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Marziliano, August) | ||
| Monday, April 15, 2019 | ||
| 4 | 4
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
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| 3 | 3
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly)
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| 2 | 2
Civil Cover Sheet.. Re1 Complaint, by Leslie Cosolito (DiJoseph, Arnold)
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| Case Assigned to Judge Roslynn R. Mauskopf and Magistrate Judge Steven M. Gold. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) | ||
| Thursday, April 11, 2019 | ||
| 1 | 1
COMPLAINT and Jury Demand against GlaxoSmithKline LLC filing fee $ 400, receipt number ANYEDC-11377078 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Leslie Cosolito. (DiJoseph, Arnold)
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Att: 1
Civil Cover Sheet
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