Eudy et al v. GlaxoSmithKline LLC

Consolidated
Lead case: 1:15-md-02657

Massachusetts District Court
Judge:F Dennis Saylor, IV
Case #: 1:20-cv-12160
Nature of Suit365 Torts - Personal Injury - Product Liability
Cause28:1332 Diversity-Product Liability
Case Filed:Dec 03, 2020
Terminated:Jun 03, 2021
Last checked: Tuesday Jun 01, 2021 5:09 AM EDT
Defendant
GlaxoSmithKline LLC
200 North 16th Street
Philadelphia, PA 19102
Represented By
Jennifer M. Stevenson
Shook, Hardy & Bacon L.L.P.
contact info
Plaintiff
Crystall Eudy
Represented By
Lawana S Wichmann
Onderlaw, LLC
contact info
Plaintiff
Levi Eudy
Represented By
Lawana S Wichmann
Onderlaw, LLC
contact info

GPO Jun 01 2021
Chief Judge F. Dennis Saylor, IV: ORDER entered. MEMORANDUM AND ORDER: For the foregoing reasons, defendant's renewed motion for summary judgment based on federal preemption is GRANTED. This memorandum and order shall apply to all cases presently pending in this multi-district litigation proceeding. So Ordered. Associated Cases: 1:15-md-02657-FDS et al.(Vieira, Leonardo)

Docket last updated: 01/21/2025 11:59 PM EST
Thursday, July 08, 2021
22 22 order Judgment Fri 07/09 1:16 PM
Chief Judge F. Dennis Saylor, IV: ORDER entered: AMENDED JUDGMENT Associated Cases: 1:15-md-02657-FDS et al. (Vieira, Leonardo)
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Att: 1 Appendix
Wednesday, June 02, 2021
21 21 order Judgment Thu 06/03 10:39 AM
Chief Judge F. Dennis Saylor, IV: ORDER entered. JUDGMENT. Associated Cases: 1:15-md-02657-FDS et al. (Vieira, Leonardo)
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Att: 1 Appendix A
Tuesday, June 01, 2021
20 20 notice Notice re: MDL Case Closed Tue 06/01 3:43 PM
NOTICE OF MDL CASE CLOSED, Direct file in the District of Massachusetts; In Re: Zofran (Ondansetron)Products Liability Litigation. Associated Cases: 1:15-md-02657-FDS et al. (Vieira, Leonardo)
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19 19 68 pgs order Memorandum & Order Tue 06/01 2:33 PM
Chief Judge F. Dennis Saylor, IV: ORDER entered. MEMORANDUM AND ORDER: For the foregoing reasons, defendant's renewed motion for summary judgment based on federal preemption is GRANTED. This memorandum and order shall apply to all cases presently pending in this multi-district litigation proceeding. So Ordered. Associated Cases: 1:15-md-02657-FDS et al.(Vieira, Leonardo)
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Wednesday, May 12, 2021
18 18 notice Notice - Other Wed 05/12 5:08 PM
NOTICE: Status Conference set for 6/10/21 at 1:00 PM in Remote Proceeding: Boston before Chief Judge F. Dennis Saylor IV. Counsel of record: To gain access to the hearing please register at the following address:[LINK:https://https://forms.mad.uscourts.gov/courtlist.html] . (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address:[LINK:https://https://forms.mad.uscourts.gov/courtlist.html] .For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:15-md-02657-FDS et al. (McKillop, Matthew)
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17 17 minutes Status Conference Wed 05/12 4:54 PM
Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held by video conference on 5/12/2021. 1) The Court heard updates on the current total of federal and state filings. 2) A colloquy was held on what supplemental disclosures and authorizations stemming from the Plaintiff Fact Sheet individual plaintiffs need to provide to GSK at this time. The Court placed a stay on any plaintiffs' duty to supplement their disclosures to GSK until the July status conference, with the exception of those plaintiffs that are subject to the specific orders lining the cases up for trial. 3) The Court heard updates on 2144 GSK's Notice of the FDA's Approval of Zofran's Updated Labeling. 4) A colloquy was held on 2146 GSK's Supplemental Expert Reports and Notice of Supplemental Authority Related to the Dormuth Study and 2147 Plaintiffs' Response. 5) A hearing was held on 203 GSK's Motion for Relief from Order and to Compel Authorizations to Collect Educational Records in Rodriguez v. GSK , 15-cv-13762. The Court denied the motion without prejudice. The Court required plaintiff to indicate when and from whom the educational records for the minor plaintiff were collected and required plaintiff to obtain a certification from the sources of the records that they are complete and accurate. 6) The Court heard argument on 104 GSK's Motion for Order to Show Cause and 110 Plaintiff's Counsel Motion to Withdraw as Attorney in Graves v. GSK , 17-cv-11562, and on 149 GSKs Motion for Order to Show Cause in Rosser v. GSK , 15-cv-14076. The Court took the matters under advisement. 7) The Court heard updates on responses to the Court's March 24, 2021 Order to Show Cause in Birt v. GSK , 15-cv-13740. 8) The Court instructed the parties to file papers on any issues related to the pretrial order in Rodriguez v. GSK , 15-cv-13762, that the parties cannot resolve themselves. 9) The Court set a status conference for Thursday, June 10, 2021 at 1:00 p.m. The conference shall be conducted by video conference. The clerk shall post video conference information on the docket via a separate entry. (Court Reporter: Valerie OHara at vaohara@gmail.com.) (Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al. (McKillop, Matthew)
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Thursday, April 22, 2021
15 15 minutes Status Conference Thu 04/22 3:46 PM
Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held by video on 4/21/2021. 1) The Court heard updates on the current total of federal and state filings. 2) The Court heard updates on recent communications between the FDA and Novartis. The parties informed the Court that Novartis accepted in full the FDA's most recent revisions to its proposed labeling for Zofran. 3) A colloquy was held on the trial currently scheduled for October 2021 in Rodriguez v. GSK , 15-cv-13762. The parties informed the Court that they were engaging in discussions about a proposed pretrial scheduling order and would notify the Court if they could not resolve any disagreements. 4) A hearing was held on 2102 GSK's Motion for Order to Show Cause. GSK informed the Court that a stipulation of dismissal was filed earlier in the day in Cooper v. GSK , 18-cv-10665, and thus the motion was moot with respect to that case. The Court took the matter under advisement in the cases of Gibbs v. GSK , 17-cv-10995; Jones v. GSK , 16-cv-10010; and Woods v. GSK , 17-cv-10646. The Court delayed consideration of the motion in Graves v. GSK , 17-cv-11562, until the next status conference to allow individual plaintiff's counsel to be heard. 5) The Court heard updates on responses to the Court's March 24, 2021 Orders to Show Cause in: Barnhill v. GSK , 17-cv-11852; David v. GSK , 19-cv-10239; Munguia v. GSK , 17-cv-10126; and Wahid-Dail v. GSK , 19-cv-10165. The Court took the matter under advisement in all cases. 6) The Court set a status conference for Wednesday, May 12, 2021 at 1:30 p.m. The conference shall be conducted by video conference. The clerk shall post video conference information on the docket via a separate entry. (Court Reporter: Valerie OHara at vaohara@gmail.com.) (Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al. (McKillop, Matthew)
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Wednesday, April 21, 2021
16 16 notice Notice - Other Thu 04/22 4:10 PM
NOTICE re: Status Conference set for 5/12/2021 1:30 PM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV. Counsel of record: To gain access to the hearing please register at the following address: https://https://froms.mad.uscourts.gov/courlist.html. (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.) This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:15-md-02657-FDS et al. (McKillop, Matthew)
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Wednesday, March 24, 2021
14 14 notice Notice - Other Wed 03/24 4:15 PM
NOTICE re: Status Conference set for 4/21/2021 11:30 AM in Remote Proceeding : Boston before Chief Judge F. Dennis Saylor IV. Counsel of record: To gain access to the hearing please register at the following address: https://https://froms.mad.uscourts.gov/courlist.html. (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.) This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: [LINK:https://https://forms.mad.uscourts.gov/courtlist.html] . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on [LINK:www.mad.uscourts.gov] or contact media@mad.uscourts.gov . Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:15-md-02657-FDS et al.(McKillop, Matthew)
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Wednesday, February 24, 2021
13 13 notice Notice - Other Wed 02/24 4:32 PM
ELECTRONIC NOTICE of Hearing. Status Conference set for 3/24/2021 at 11:00 AM before Chief Judge F. Dennis Saylor IV. This hearing will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. COUNSEL OF RECORD: To gain access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at this link: https://forms.mad.uscourts.gov/c ourtlist.html For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.govor contact media@mad.uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:15-md-02657-FDS et al.(Lovett, Jarrett)
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12 12 minutes Status Conference Wed 02/24 3:22 PM
Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 2/24/2021. 1) The Court heard updates on the current total of federal and state filings. 2) The Court heard updates on discovery. Plaintiffs counsel stated that they were not expecting any further disclosures from Novartis unless it has further communications with the FDA. Novartis informed plaintiffs counsel that it had not heard anything further from the FDA on its proposed labeling changes. 3) The Court set a briefing schedule on 2084 GSKs Motion for Summary Judgment Based on Plaintiffs Failure to Provide Admissible Causation Evidence as to Septal Defects and Other Heart Defects. Plaintiffs opposition brief is due on March 5, 2021, and GSKs reply, if any, must be filed by March 12. The Court will hear argument on the motion at the next status conference on March. 4) A colloquy was held on 2079 GSKs Motion for Order to Show Cause. The Court took the matter under advisement. 5) The Court informed the parties that it would review 45 the Courts order to show cause in Ratliff v. GSK, 20-cv-10047; 31 the Courts order to show cause in Roland v. GSK, 20-cv-10901; and 19 GSKs motion for order to show cause in Nelson v. GSK, 20-cv-11210. 6) The Court informed the parties of the difficulties of scheduling a trial date due to the ongoing COVID-19 pandemic. Pending the Courts decision on several motions, the Court tentatively scheduled a trial in the Rodriguez v. GSK, 15-cv-13762 case to begin on October 18, 2021, to last four weeks. Any party who has a potential conflict with the date or length of the trial should notify the Court in writing within 14 days. 7) The Court set a status conference for Wednesday, March 24, 2021 at 11:00 a.m. The conference shall be conducted by video conference. The clerk shall post video conference information on the docket via a separate entry. (Court Reporter: Valerie O'Hara at vaohara@gmail.com)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Lovett, Jarrett)
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Monday, January 25, 2021
11 11 notice Notice - Other Mon 01/25 2:30 PM
NOTICE re: Status Conference set for 2/24/2021 at 11:00 AM in Remote Proceeding: Boston before Chief Judge F. Dennis Saylor IV. Counsel of record: To gain access to the hearing, please register at the following address: https://https://forms.mad.uscourts.gov/courtlist.html. (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.) This hearing will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:15-md-02657-FDS et al. (Bono, Christine)
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Friday, January 22, 2021
10 10 minutes Status Conference Mon 01/25 2:19 PM
Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 1/22/2021. 1) The Court heard updates on the current total of federal and state filings. 2) The Court heard updates on discovery regarding supplemental disclosures from Novartis. 3) A colloquy was held on 2070 Notice by GSK Regarding FDA's Response to its Citizen Petition. 4) The Court informed the parties of the difficulties of scheduling a trial date due to the ongoing COVID-19 pandemic. No trial date is scheduled at this time. 5) The Court set a status conference for Wednesday, February 24, 2021 at 11:00 a.m. The conference shall be conducted by video conference. The clerk shall post video conference information on the docket via a separate entry. (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, December 21, 2020
9 9 notice Notice of Filing of Official Transcript Mon 12/28 3:11 PM
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at[LINK:http://www.mad.uscourts.gov/attorneys/general-info.htm] Associated Cases: 1:15-md-02657-FDS et al.(Coppola, Katelyn)
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8 8 misc Transcript Mon 12/28 3:05 PM
Transcript of Status Conference/Motion Hearing held on December 16, 2020, before Chief Judge F. Dennis Saylor IV. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Valerie OHara at vaohara@gmail.com. Redaction Request due 1/11/2021. Redacted Transcript Deadline set for 1/21/2021. Release of Transcript Restriction set for 3/22/2021. Associated Cases: 1:15-md-02657-FDS et al.(Coppola, Katelyn)
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Wednesday, December 16, 2020
7 7 notice Notice - Other Wed 12/16 5:29 PM
NOTICE re: Status Conference set for 1/22/2021 at 11:00 AM in Remote Proceeding: Boston before Chief Judge F. Dennis Saylor IV. Counsel of record: To gain access to the hearing, please register at the following address: https://https://forms.mad.uscourts.gov/courtlist.html. (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.) This hearing will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:15-md-02657-FDS et al. (Bono, Christine)
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6 6 minutes Status Conference Wed 12/16 5:17 PM
Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 12/16/2020. 1) The Court heard updates on the current total of federal and state filings. 2) The Court heard updates on discovery regarding supplemental disclosures from Novartis. 3) The parties updated the Court on 45 Order to Show Cause in Ratliff v. GSK, 20-cv-10047, 31 Order to Show Cause in Roland v. GSK, 20-cv-10901, and 19 Motion for Order to Show Cause in Nelson v. GSK, 20-cv-11210, the last of which remained under advisement by the Court. 4) A hearing was held on 2044 and 2046 , the supplemental briefing ordered by the Court on the effect that the FDA's recent action taken on Novartis's proposed labeling changes has on GSK's outstanding federal preemption motion. The Court took this matter under advisement. 5) The Court set a status conference for Friday, January 22, 2021 at 11:00 a.m. The conference shall be conducted by video conference. The clerk shall post video conference information on the docket via a separate entry. (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, December 04, 2020
5 5 notice Notice of Appearance Fri 12/04 12:15 PM
NOTICE of Appearance by Jennifer M. Stevenson on behalf of GlaxoSmithKline LLC (Stevenson, Jennifer)
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Thursday, December 03, 2020
4 4 service Summons Issued Thu 12/03 3:53 PM
Summons Issued as to All Defendants. 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. (Vieira, Leonardo)
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3 3 notice Notice re: MDL Case Opened Thu 12/03 3:28 PM
NOTICE OF MDL CASE OPENED, Direct file in the District of Massachusetts; Eudy, et al v. GlaxoSmithKline LLC. In Re: Zofran (Ondansetron) Products Liability Litigation, MDL 2657. (Finn, Mary)
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2 2 notice Notice of Case Assignment Thu 12/03 3:27 PM
ELECTRONIC NOTICE of Case Assignment. Chief Judge F. Dennis Saylor, IV assigned to case. (Finn, Mary)
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1 1 8 pgs cmp Complaint Thu 12/03 3:10 PM
COMPLAINT against GlaxoSmithKline LLC Filing fee: $ 402, receipt number 0101-8537614 (Fee Status: Filing Fee paid), filed by Crystall Eudy, Levi Eudy.(Wichmann, Lawana)
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Att: 1 Civil Cover Sheet Civil Cover Sheet,
Att: 2 Notice of a Lawsuit and Request to Waive Service of Summons,
Att: 3 Waiver of Service of Summons,
Att: 4 Category Form