Case Details

CourtSouthern District of New York
Docket number7:13-cv-03558
Date case filed2013-05-28
Date case closed
Date of latest filing
Assigned toJudge Cathy Seibel
Case cause28:1332 Diversity-Product Liability
Nature of suit365 Personal Inj. Prod. Liability
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: Sandra Harmon
Party type: Plaintiff
Attorney name: A. Layne Stackhouse
Attorney Contact:
Jones Ward PLC - Lou
312 S. Fourth Street
Marion E. Taylor Bldg 6th Floor
Louisville, KY 40202
502-587-2007
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jasper D. Ward , IV
Attorney Contact:
Jones Ward PLC - Lou
312 S. Fourth Street
Marion E. Taylor Bldg 6th Floor
Louisville, KY 40202
502-882-6000
Fax: 502-587-2007
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Lawrence L. Jones , II
Attorney Contact:
Jones Ward PLC
312 S Fourth St
Marion E Taylor Bldg 6th Flr
Louisville, KY 40202
502-882-6000
Fax: 502-587-2007
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Lester Harmon
Party type: Plaintiff
Attorney name: A. Layne Stackhouse
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jasper D. Ward , IV
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Lawrence L. Jones , II
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Carol Turner
Party type: Plaintiff
Attorney name: A. Layne Stackhouse
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jasper D. Ward , IV
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Lawrence L. Jones , II
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Celina Martin
Party type: Plaintiff
Attorney name: A. Layne Stackhouse
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jasper D. Ward , IV
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Lawrence L. Jones , II
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Bayer Healthcare Pharmaceuticals, Inc.
Party type: Defendant
Attorney name: Darryl Scott Lavery
Attorney Contact:
Boehl Stopher & Graves, LLP - Louisville
400 W. Market Street, Suite 2300
Louisville, KY 40202
502-589-5980
Fax: 502-561-9400
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-04-30 COMPLAINT ( Filing fee $350; receipt number 0643-2628768), filed by Sandra Harmon, Carol Turner, Celina Martin, Lester Harmon. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons to Bayer Healthcare Pharmaceuticals, Inc., # 3 Case Assignment)(KJA) [Transferred from Kentucky Eastern on 5/28/2013.] (Entered: 05/01/2013)
22013-04-30 Summons Issued as to Bayer Healthcare Pharmaceuticals, Inc.; Summons issued and returned to counsel by U.S. Mail for service by Secretary of State. (KJA) [Transferred from Kentucky Eastern on 5/28/2013.] (Entered: 05/01/2013)
32013-05-10 CERTIFIED MAIL RECEIPT to Office of Secretary of State re 2 Summons Issued. (RBB) [Transferred from Kentucky Eastern on 5/28/2013.] (Entered: 05/10/2013)
42013-05-10 NOTICE TO ATTORNEY A. Layne Stackhouse by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: # 1 Attorney Data Sheet, # 2 LR 83 w/Attorney Admission Application)(KJA) [Transferred from Kentucky Eastern on 5/28/2013.] (Entered: 05/10/2013)
52013-05-14 JOINT MOTION to Stay by Lester Harmon, Sandra Harmon, Celina Martin, Carol Turner and Bayer Healthcare Pharmaceuticals, Inc. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Transfer Order, # 3 Proposed Order)(Lavery, Darryl) Modified on 5/14/2013 to add additional filers. (RBB). [Transferred from Kentucky Eastern on 5/28/2013.] (Entered: 05/14/2013)
62013-05-15 ORDER: (1) The parties' Joint Motion to Stay All Proceedings (Doc. # 5 ) is hereby GRANTED; (2) All proceedings in this action shall be STAYED pending transfer of this case pursuant to In re Mirena IUD Products Liability Litigation, No. MDL-2434; and (3) Defendant shall promptly notify the Court upon receipt of the Judicial Panel's ruling on whether this matter will be transferred as a tag-along action in No. MDL-2434. STAYING CASE (5/15/2013), Motions terminated: 5 JOINT MOTION to Stay by Bayer Healthcare Pharmaceuticals, Inc. filed by Bayer Healthcare Pharmaceuticals, Inc. Signed by Judge David L. Bunning on 5/15/2013.(RBB)cc: COR [Transferred from Kentucky Eastern on 5/28/2013.] (Entered: 05/15/2013)
72013-05-16 SUMMONS RETURNED by Sandra Harmon, Carol Turner, Celina Martin, Lester Harmon: SERVICE BY SECRETARY OF STATE to Bayer Healthcare Pharmaceuticals, Inc. COMPLETED on 5/16/2013. Secretary of State return states "This office served the defendant by sending a copy of the summons and accompanying documents via certified mail, return receipt requested, on May 8, 2013; Our records indicate that this item was delivered on 5/9/2013 at 8:07 a.m. in Frankfort, KY." (RBB) [Transferred from Kentucky Eastern on 5/28/2013.] (Entered: 05/16/2013)
82013-05-24 INFORMATION COPY OF MDL CONDITIONAL TRANSFER ORDER: MDL No. 2434 (Attachments: # 1 Schedule CO- 4 - Tag-Along Actions) (RBB) [Transferred from Kentucky Eastern on 5/28/2013.] (Entered: 05/24/2013)
92013-05-24 TRANSFER ORDER: Case Transfer to the MDL Panel (MDL No. 2434) - Southern District of New York. (RBB)cc: COR [Transferred from Kentucky Eastern on 5/28/2013.] (Entered: 05/24/2013)
102013-05-28 MDL TRANSFERRED IN from the United States District Court - District of Kentucky Eastern; Case Number: 6:13-cv-00089. Original file certified copy of transfer order and docket entries received. (sjo) (Entered: 05/28/2013)
112013-05-28 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Associated Cases:7:13-cv-03558(CS), 7:13-md-02434(CS). (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo) (Entered: 05/28/2013)
122013-06-03 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Steve Faries to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8565868. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brandy N. Scott, Tenisha Jennings, Laurie Nordman. Return Date set for 6/3/2013 at 10:55 AM. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing)Filed In Associated Cases: 7:13-md-02434-CS et al.(Faries, Steve) Modified on 6/4/2013 (bwa). (Entered: 06/03/2013)
132013-06-03 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Rachal Garcia Rojas to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8566167. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brandy N. Scott, Tenisha Jennings, Laurie Nordman. Return Date set for 6/3/2013 at 11:15 AM. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing)Filed In Associated Cases: 7:13-md-02434-CS et al.(Rojas, Rachal) Modified on 6/4/2013 (bwa). (Entered: 06/03/2013)
142013-06-26 ENDORSED LETTER addressed to Judge Cathy Seibel from William P. Harrington, dated 6/25/2013, re: Counsel writes: Enclosed for your consideration is a proposed Order under Local Civil Rule 1.8 allowing Bayer defense team members to bring laptops and cell phones into the courthouse for the July 2 conference and the duration of the Mirena MDL Litigation. ENDORSEMENT: Per Standing Order M10-468 (filed 2/18/10 and available on the Court's Web Site), only 3 laptops per team are allowed. (I will consider allowing more for trial.) So defense may re-submit this application. Also, all lawyers covered by the Order must be members of the S.D.N.Y. bar and have a valid service pass. So Ordered. (Signed by Judge Cathy Seibel on 6/26/2013) Filed In Associated Cases: 7:13-md-02434-CS et al. (Per Chambers' Instruction - this letter should be docketed in all cases) (lnl) (Entered: 06/27/2013)
152013-07-02 LETTER addressed to Judge Cathy Seibel from James R. Ronca dated 6/17/2013 re: Proposed guidelines and protocols for Steering Committee. (Attachments: # 1 Addendum A, # 2 Addendum B & C, # 3 Proposed Order, # 4 Addendum to Proposed Order)Filed In Associated Cases: 7:13-md-02434-CS et al.(fk) (Entered: 07/03/2013)
162013-07-09 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos, dated 6/27/2013, re: Counsel submits this letter to supplement the June 17, 2013 letter of Co-Lead Counsel James R. Ronca. Accompanying this letter is a pdf of certificates of good standing for Rachel Abrams, Catherine T. Heacox, and Randi A. Kassan, who have been proposed for appointment to the Plaintiff's Steering Committee. Document filed by Plaintiffs. Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (lnl) (Entered: 07/09/2013)
172013-07-09 LETTER addressed to Judge Cathy Seibel from Diogenes P. Kekatos, dated 7/8/2013, re: Counsel for the plaintiffs writes: Enclosed is a copy of a current Certificate of Good Standing from the Supreme Court of Minnesota for Yvonne M. Flaherty. With the submission of this certificate, the Court should now have current Certificates of Good Standing from the respective state courts of all Plaintiffs' Steering Committee nominees based on either a nominee's filing of a pro hac vice admission motion (or amended motion), Plaintiffs' inclusion of certificates in the amended compendium of attorney biographies enclosed in their June 18 letter to the Court, or Plaintiffs' submission of certificates for three nominees in their June 27 letter to the Court. Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (lnl) (Entered: 07/09/2013)
182013-07-10 ORDER NO. 5 (Organization of Plaintiffs' Counsel, Protocols for Common Benefit Work and Expenses): The Court has received an application for appointment of Plaintiffs' Steering Committee from Plaintiff's Liaison Counsel. (Doc. 193.) Having carefully reviewed all of the submissions, upon discussion of the applications during this Courts case management conference of July 2, 2013, and there being no opposition from counsel for any known Plaintiff, the Court hereby APPOINTS the following as Plaintiffs' Steering Committee ("PSC"): Rachel Abrams (Levin Simes LLP) Richard Arsenault (Neblett, Beard & Arsenault) Dawn Chmielewski (Climaco, Wilcox, Peca, Tarantino & Garofoli Co., LPA) Steve Faries (Matthews & Associates) Yvonne Flaherty (Lockridge, Grindal, Nauen P.L.L.P.) Catherine Heacox (The Lanier Law Firm) Eric Holland (Holland Groves Schneller & Stolze) Michael Johnson (Johnson Becker PLLC) Randi Kassan (Sanders, Viener, Grossman LLP) Shelly Kaufman (Geragos and Geragos) Fred Longer (Levin, Fishbein, Sedran & Berman) Dianne Nast (NastLaw LLC) Roger Smith (Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.). SO ORDERED. (Signed by Judge Cathy Seibel on 7/10/2013) (SEE ORDER AS SET FORTH) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (lnl) (Entered: 07/10/2013)
192013-07-11 ORDER No. 6 The Clerk of Court is directed to open a master case file bearing docket number 13-MC-2434. Any filing fees associated with opening the master case file docket are waived. The caption shall read In re: Mirena IUD Products Liability Litigation. For administrative purposes only, in 13-MC-2434, the Plaintiff shall be listed as Mirena MDL Plaintiffs and the Defendant shall be listed as Bayer Healthcare Pharmaceuticals, Inc. The only appearancesentered for Plaintiff in 13-MC-2434 shall be the Court-appointed Co-Lead and Liaison Counsel, (Doc. 103 (Order No. 4)): Fred Thompson III, Matthew J. McCauley, James R. Ronca, and Diogenes P. Kekatos. The only appearances entered for Defendant in 13-MC-2434 shall be Shayna S. Cook, Brian ODonoghue, Elmore James Shepherd, III, and William Harrington. The Clerk of Court is directed to transfer the following docket entries from 13-MD-2434 to 13-MC-2434: Docs. 1 (Transfer Order); 8 (Order No. 1); 65 (Order No. 2); 67 (4/30/13 Letter from Diogenes Kekatos); 74 (5/8/13 Letter from Matthey McCauley et al.); 76 (5/10/13 Letter from Alyson Oliver); 77 (5/10/13 Letter from Fred Thompson, III et al.); 78 (5/10/13 Letter from Shayna Cook); 79 (5/10/13 Letter from Shayna Cook); 80 (Defendants Preliminary Position Statement); 94 (5/16/13 Letter from Mark B. Hutton); 95 (5/16/13 Letter from Matthew McCauley et al.); 96 (5/16/13 Letter from James Ronca); 100 (Order No. 3); 103 (Order No. 4); 104 (5/21/13 Letter from Diogenes Kekatos); 191 (6/28/13 Letter from Shayna Cook); 193 (6/17/13 Letter from James Ronca); 198 (Order of Referral to Magistrate Judge); and 207 (Order No. 5). These docket entries shall be numbered consecutively in 13-MC-2434, and shall be followed by this Order (Order No. 6). This Order shall also be docketed in 13-MD-2434, and all matters consolidated therewith. The Clerk of Court is also directed to transfer the minute entries from the following datesfrom 13-MD-2434 to 13-MC-2434: May 17, 2013; and July 2, 2013. This Order and all subsequent entries docketed in 13-MC-2434 are to be docketed simultaneously in 13-MD-2434. Docket 13-MC-2434 is to contain only my case management orders, letters from counsel that I have docketed, and other substantive filings that relate to all actions (e.g., master pleadings, motion papers). It should not include pro hac vice motion papers, the Courts standing orders, conditional transfer orders, notices of appearance, and the like. Papers filed inappropriately will be stricken from the docket. If there is any doubt as to whether a substantive filing shall be made in 13-MC-2434, Counsel may seek the Courts guidance. (Signed by Judge Cathy Seibel on 7/11/2013) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al.(fk) (Entered: 07/11/2013)
202013-07-17 AGREED ORDER REGARDING PROPER PARTY-DEFENDANT AND ABBREVIATED SERVICE PROCEDURES FOR SERVICE UPON DEFENDANT BAYER HEALTH CARE PHARMACEUTICALS INC.: I. Scope of Order This Order applies to claims brought by a U.S. citizen or resident based on usage or purchase of Mirena ("Mirena") in which the claimed injury allegedly resulted from the perforation, embedment, or migration of the Mirena and (i) currently are pending in MDL No. 2434 or (ii) will be filed in, removed to or transferred to this Court. II. Proper Party-Defendant Stipulation A. Some plaintiffs have named the following U.S. defendants in lawsuits involving Mirena: Bayer Corporation; Bayer HealthCare, LLC; Bayer Pharmaceuticals Corporation; Bayer HealthCare Pharmaceuticals Inc.; Berlex Laboratories, Inc.; and Bedex, Inc. ("Bayer/Berlex entities"). B. Bayer Health Care Pharmaceuticals Inc. admits that on April 4, 2007, as part of a corporate acquisition, the name of Berlex, Inc. was changed to Bayer HealthCare Pharmaceuticals, Inc. C. Bayer HealthCare Pharmaceuticals Inc., admits that at certain times it designed, researched, manufactured, tested, advertised, promoted, marketed, sold and distributed Mirena in the U.S. D. Bayer HealthCare Pharmaceuticals Inc. is the proper party in lawsuits involving Mirena inserted in the United States. Its principal place of business is in New Jersey. E. Accordingly, to the extent that a plaintiff recovers a judgment in a lawsuit for injuries allegedly caused by Mirena, Bayer HealthCare Pharmaceuticals Inc. stipulates that it is the proper party to the lawsuit and it will not raise any defenses that any of the Bayer/Berlex entities named above or any other Bayer/Berlex entity(ies) with a principal place of business in the United States are/were the proper party to the lawsuit. SO ORDERED. (Signed by Judge Cathy Seibel on 7/15/2013) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (SEE ORDER AS SET FORTH) (lnl) (Entered: 07/17/2013)
212013-08-01 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Cathy Seibel on 7/31/2013) Filed In Associated Cases: 7:13-md-02434-CS-LMS et al. (lnl) (Entered: 08/01/2013)