United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:06-cv LS

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1 APPEAL, SPECIAL United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:06-cv LS SYKES et al v. GLAXO-SMITHKLINE et al Assigned to: HONORABLE LAWRENCE F. STENGEL Cause: 28:1332 Diversity-Personal Injury Date Filed: 03/14/2006 Date Terminated: 03/28/2007 Jury Demand: Both Nature of Suit: 365 Personal Inj. Prod. Liability Jurisdiction: Diversity Plaintiff LISA SYKES represented by CLIFFORD J. SHOEMAKER 9711 MEADOW LARK ROAD VIENNA, VA DANIEL N. GALLUCCI RODA & NAST PC 801 ESTELLE DRIVE LANCASTER, PA DIANNE M. NAST RODA & NAST, PC 801 ESTELLE DRIVE LANCASTER, PA Fax: JOHN H. KIM THE KIM LAW FIRM 4309 YOAKUM BLVD SUITE 2000 HOUSTON, TX

2 JOSEPH F. RODA RODA & NAST PC 801 ESTELLE DR LANCASTER, PA Fax: LAWRENCE R. COHAN ANAPOL SCHWARTZ WEISS COHAN FELDMAN & SMALLEY 1710 SPRUCE STREET PHILADELPHIA, PA MICHAEL L. WILLIAMS WILLIAMS, LOVE, O'LEARY, CRAINE & POWERS, P.C SW BARNES ROAD SUITE 450 PORTLAND, OR THOMAS B. POWERS WILLIAMS LOVE O'LEARY CRAINE & POWERS 9755 SW BARNES ROAD SUITE 450 PORTLAND, OR Plaintiff SETH SYKES INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF WESLEY ALEXANDER SYKES, A MINOR CHILD represented by CLIFFORD J. SHOEMAKER

3 DANIEL N. GALLUCCI DIANNE M. NAST JOHN H. KIM JOSEPH F. RODA LAWRENCE R. COHAN MICHAEL L. WILLIAMS THOMAS B. POWERS V. Defendant GLAXO-SMITHKLINE INDIVIDUALLY AND AS SUCCESSOR- IN-INTEREST TO SMITHKLINE BEECHAM CORPORATION represented by BARCLAY A. MANLEY FULBRIGHT & JAWORSKI L.L.P MCKINNEY SUITE 5100 HOUSTON, TX BARRY H. BOISE

4 PEPPER HAMILTON LLP 3000 TWO LOGAN SQUARE 18TH & ARCH STREETS PHILADELPHIA, PA Fax: MARCY HOGAN GREER FULBRIGHT & JAWORSKI L.L.P. 600 CONGRESS AVE STE 2400 AUSTIN, TX MATTHEW J. HAMILTON PEPPER HAMILTON, LLP 18TH & ARCH STS TWO LOGAN SQUARE PHILA, PA TEL Defendant WYETH, INC. f/k/a AMERICAN HOME PRODUCTS CORPORATION, d/b/a WYETH, INC., WYETH LABORATORIES, WYETH- AYERST, WYETH-AYERST LABORATORIES, WYETH LEDERLE, WYETH LEDERLE VACCINES, and LEDERLE LABORATORIES represented by DANIEL J. THOMASCH ORRICK HERRINGTON & SUTCLIFFE LLP 666 FIFTH AVE NEW YORK, NY LAUREN ELLIOT ORRICK HERRINGTON & SUTCLIFFE LLP 666 FIFTH AVE NEW YORK, NY REETU DANDORA REED SMITH LLP

5 2500 ONE LIBERTY PLACE 1650 MARKET ST. PHILADELPHIA, PA Defendant BAYER PHARMACEUTICALS CORPORATION f/k/a BAYER CORPORATION, INDIVIDUALLY AND AS SUCCESSOR- IN-INTEREST TO MILES, INC. represented by DOUGLAS J. GUNN WATKINS & EAGER PLLC 400 EAST CAPITOL ST. SUITE 300 JACKSON, MS FRED M. HASTON, III BRADLEY, ARANT, ROSE & WHITE 2001 PARK PLACE TOWER SUITE 1400 BIRMINGHAM, AL WILLIAM F. GOODMAN, III WATKINS & EAGER PLLC 400 EAST CAPITOL ST. SUITE 300 JACKSON, MS RACHEL CASTILLO ROSSER ECKERT SEAMANS CHERIN & MELLOTT LLC TWO LIBERTY PLACE 22ND FLOOR 50 SOUTH 16TH STREET PHILADELPHIA, PA Date Filed # Docket Text

6 03/14/ COMPLAINT against GLAXO-SMITHKLINE, WYETH, INC., BAYER PHARMACEUTICALS CORPORATION ( Filing fee $ 250 receipt number ), filed by LISA SYKES, SETH SYKES.(ti, ) (Entered: 03/15/2006) 03/14/2006 Three Original Summons Issued as to GLAXO-SMITHKLINE, WYETH, INC., BAYER PHARMACEUTICALS CORPORATION. Forwarded To: Counsel on 3/15/06 (ti, ) (Entered: 03/15/2006) 03/14/2006 DEMAND for Trial by Jury by LISA SYKES, SETH SYKES. (ti, ) (Entered: 03/15/2006) 04/03/ SUMMONS Returned Executed by LISA SYKES, SETH SYKES re: Albert M. Hollawell, Jr. served Summons and Complaint upon CT Corporation System on behalf of GLAXO-SMITHKLINE. GLAXO-SMITHKLINE served on 3/24/2006, answer due 4/13/2006. (le, ) (Entered: 04/03/2006) 04/03/ SUMMONS Returned Executed by LISA SYKES, SETH SYKES re: Albert M. Hollawell, Jr. served Summons and Complaint upon C.T. Corporation System on behalf of BAYER PHARMACEUTICALS CORPORATION. BAYER PHARMACEUTICALS CORPORATION served on 3/24/2006, answer due 4/13/2006. (le, ) (Entered: 04/03/2006) 04/06/ WAIVER OF SERVICE Returned Executed by LISA SYKES, SETH SYKES. WYETH, INC. waiver sent on 3/31/2006, answer due 5/30/2006. (COHAN, LAWRENCE) (Entered: 04/06/2006) 04/10/ ANSWER to Complaint with Jury Demand and Certificate of Service by WYETH, INC..(DANDORA, REETU) (Entered: 04/10/2006) 04/10/ Statement of Corporate Disclosure by WYETH, INC.. (DANDORA, REETU) (Entered: 04/10/2006) 04/12/ Disclosure with Certificate of Service by GLAXO- SMITHKLINE.(HAMILTON, MATTHEW) (Entered: 04/12/2006) 04/12/ ANSWER to Complaint with Jury Demand and Certificate of Service by GLAXO-SMITHKLINE.(HAMILTON, MATTHEW) (Entered: 04/12/2006) 04/13/ Defendant's ANSWER to Complaint with Jury Demand and Certificate of Service and Affirmative Defenses by BAYER PHARMACEUTICALS CORPORATION. (Attachments: # 1 Certificate of Service)(ROSSER, RACHEL) (Entered: 04/13/2006) 04/13/ Statement of Corporate Disclosure by BAYER PHARMACEUTICALS CORPORATION. (Attachments: # 1 Certificate of Service)(ROSSER, RACHEL) (Entered: 04/13/2006) 04/26/ NOTICE of Hearing: RULE 16 CONFERENCE SET FOR 6/12/2006 AT 3:00 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE LAWRENCE F. STENGEL. (pac,) Modified on 4/27/2006 (le, ). (Entered: 04/26/2006) 04/26/2006 Set/Reset Hearings: STATUS CONFERENCE SET FOR 6/12/ :00 PM BEFORE HONORABLE LAWRENCE F. STENGEL. (le, ) (Entered:

7 04/27/2006) 05/04/ APPLICATION/PETITION Motion for Admission Pro Hac Vice of Fred M. Haston, III, Esquire by BAYER PHARMACEUTICALS CORPORATION. (Attachments: # 1 Declaration of Rachel Castillo Rosser, Esquire, in Support of Motion for Admission Pro Hac Vice of Fred M. Haston, III, Esquire# 2 Proposed Order# 3 Exhibit A# 4 Certificate of Service)(ROSSER, RACHEL) (Entered: 05/04/2006) 05/04/ Application for the Pro Hac Vice Admission of Clifford J. Shoemaker, Esquire filed by LISA SYKES and SETH SYKES, Statement, Certificate of Service. (le, ) (Entered: 05/05/2006) 05/04/ Application for the Pro Hac Vice Admission of Michael L. Williams, Esquire filed by LISA SYKES and SETH SYKES, Statement, Certificate of Service. (le, ) (Entered: 05/05/2006) 05/04/ Application for the Pro Hac Vice Admission of Thomas B. Powers, Esquire filed by LISA SYKES and SETH SYKES, Statement, Certificate of Service. (le, ) (Entered: 05/05/2006) 05/04/ Application for the Pro Hac Vice Admission of John H. Kim, Esquire filed by LISA SYKES and SETH SYKES, Statement, Certificate of Service. (le, ) (Entered: 05/05/2006) 05/08/ APPLICATION/PETITION for Admission Pro Hac Vice of Daniel J. Thomasch, Esquire by WYETH, INC.. (DANDORA, REETU) (FILED IN ERROR BY ATTORNEY; ATTORNEY WILL RE-FILE CORRECT DOCUMENT) Modified on 5/8/2006 (np). Additional attachment(s) added on 5/8/2006 (np, ). (Entered: 05/08/2006) 05/08/ APPLICATION/PETITION for Admission Pro Hac Vice of Lauren J. Elliot, Esquire by WYETH, INC.. (DANDORA, REETU) (Entered: 05/08/2006) 05/08/ APPLICATION/PETITION for Admission Pro Hac Vice of Daniel J. Thomasch, Esquire by WYETH, INC.. (DANDORA, REETU) (Entered: 05/08/2006) 05/08/ ORDER THAT THE APPLICATION OF FRED M. HASTON, III, ESQUIRE, TO BE ADMITTED PRO HAC VICE TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 5/8/06. 5/9/06 ENTERED AND COPIES MAILED.(mac, ) (Entered: 05/09/2006) 05/08/ ORDER THAT THE APPLICATION OF CLIFFORD J. SHOEMAKER, ESQUIRE, TO BE ADMITTED PRO HAC VICE TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 5/8/06. 5/9/06 ENTERED AND COPIES MAILED.(mac, ) (Entered: 05/09/2006) 05/08/ ORDER THAT THE APPLICATION OF MICHAEL L. WILLIAMS, ESQUIRE, TO BE ADMITTED PRO HAC VICE TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 5/8/06. 5/9/06 ENTERED AND COPIES MAILED.(mac, ) (Entered: 05/09/2006)

8 05/08/2006 Filing fee: $ 40.00, receipt number for Admission PRO HAC VICE of FRED M. HASTON, III, ESQ. (pr, ) (Entered: 05/09/2006) 05/08/ ORDER THAT THE APPLICATION OF THOMAS B. POWERS, ESQUIRE, TO BE ADMITTED PRO HAC VICE TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 5/8/06. 5/9/06 ENTERED AND COPIES MAILED.(mac, ) (Entered: 05/09/2006) 05/08/ ORDER THAT THE APPLICATION OF JOHN H. KIM, ESQUIRE, TO BE ADMITTED PRO HAC VICE TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 5/8/06. 5/9/06 ENTERED AND COPIES MAILED.(mac, ) (Entered: 05/09/2006) 05/08/2006 Filing fee: $ 80.00, receipt number For Admission PRO HAC VICE of DANIEL J. THOMASCH, ESQ. and LAUREN J. ELLIOT, ESQ. (pr, ) (Entered: 05/09/2006) 05/08/ ORDER THAT THE APPLICATION OF LAUREN J. ELLIOT, ESQUIRE, TO BE ADMITTED PRO HAC VICE TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 5/8/06. 5/9/06 ENTERED AND COPIES MAILED.(mac, ) (Entered: 05/09/2006) 05/08/ ORDER THAT THE APPLICATION OF DANIEL J. THOMASCH, ESQUIRE, TO BE ADMITTED PRO HAC VICE TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 5/8/06. 5/9/06 ENTERED AND COPIES MAILED.(mac, ) (Entered: 05/09/2006) 05/19/2006 Mail Returned as Undeliverable. Mail sent to Daniel J. Thomasch, Esquire Resent Order granting Pro Hac Vice Admission of Fred Haston, Esquire on 5/19/06 (le, ) (Entered: 05/19/2006) 05/22/ APPLICATION OF WILLIAM F. GOODMAN, III, ESQUIRE TO PRACTICE IN THIS COURT BY BAYER PHARMACEUTICALS CORPORATION, STATEMENT, CERTIFICATE OF SERVICE. (ac, ) (Entered: 05/23/2006) 05/22/ APPLICATION OF DOUGLAS J. GUNN, ESQUIRE TO PRACTICE IN THIS COURT BY BAYER PHARMACEUTICALS CORPORATION, STATEMENT, CERTIFICATE OF SERVICE. (ac, ) (Entered: 05/23/2006) 05/25/ APPLICATION OF DEFENDANT GLAXO-SMITHKLINE FOR BARCLAY A. MANLEY, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE (b), CERTIFICATE OF SERVICE. (jpd) (Entered: 05/25/2006) 05/31/ ORDER THAT THE APPLICATION FILED BY GLAXO-SMITHKLINE, FOR PRO HAC VICE OF BARCLAY A. MANLEY IS GRANTED. ( SIGNED BY JUDGE LAWRENCE F. STENGEL ON 5/31/06. ) 5/31/06 ENTERED AND COPIES MAILED.(gn, ) (Entered: 05/31/2006) 06/05/ ORDER THAT THE APPLICATION OF WILLIAM F. GOODMAN, III TO PRACTICE IN THIS COURT ON BEHALF OF BAYER PHARMACEUTICALS CORPORATION IS GRANTED. SIGNED BY

9 JUDGE LAWRENCE F. STENGEL ON 06/05/06. 06/05/06 ENTERED AND COPIES MAILED.(ac, ) (Entered: 06/05/2006) 06/05/ ORDER THAT THE APPLICATION OF DOUGLAS J. GUNN, ESQUIRE TO PRACTICE IN THIS COURT ON BEHALF OF BAYER PHARMACEUTICALS CORPORATION IS GRANTED.. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 06/05/06. 06/05/06 ENTERED AND COPIES MAILED.(ac, ) (Entered: 06/05/2006) 06/07/ NOTICE of Appearance by DIANNE M. NAST on behalf of LISA SYKES, SETH SYKES with Certificate of Service (NAST, DIANNE) (Entered: 06/07/2006) 06/07/ NOTICE of Appearance by DANIEL N. GALLUCCI on behalf of LISA SYKES, SETH SYKES with Certificate of Service (GALLUCCI, DANIEL) (Entered: 06/07/2006) 06/07/ NOTICE of Appearance by JOSEPH F. RODA on behalf of LISA SYKES, SETH SYKES with Certificate of Service (RODA, JOSEPH) (Entered: 06/07/2006) 06/19/ ORDER THAT THE PARTIES SHALL EXCHANGE INITIAL DISCLOSURES WITHIN 10 DAYS OF THE DATE OF THIS ORDER. DEFENDANTS, GLAXO-SMITHKLINE AND WYETH, INC., SHALL HAVE UNTIL 7/14/06 TO FILE A MOTION ADDRESSING ANY PREEMPTION ISSUES RAISED BY THE NATIONAL CHILDHOOD VACCINE INJURY COMPENSATION ACT OF ALL DEFENDANTS SHALL HAVE UNTIL 7/14/2006 TO FILE ANY MOTIONS ADDRESSING ANY FEDERAL LAW PRE-EMPTION ISSUES. ALL DISCOVERY, WITH THE EXCEPTION OF THIRD PARTY DISCOVERY AND ANY DISCOVERY REFERENCED IN THIS ORDER IS STAYED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 6/19/06. 6/20/06 ENTERED AND COPIES MAILED AND ED.(le, ) (Entered: 06/20/2006) 07/13/ Entry of Appearance filed by BARRY H. BOISE, Esquire on behalf of GLAXO-SMITHKLINE with Certificate of Service. (le, ) (Entered: 07/14/2006) 07/14/ MOTION for Leave to File Excess Pages filed by GLAXO- SMITHKLINE.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(HAMILTON, MATTHEW) (Entered: 07/14/2006) 07/14/ MOTION for Summary Judgment Under The Vaccine Act Or Alternatively On Grounds Of Preemption and Primary Jurisdiction filed by GLAXO- SMITHKLINE.Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Index Of Exhibits# 3 Exhibit A# 4 Exhibit B# 5 Exhibit B-1# 6 Exhibit B-2# 7 Exhibit B-3# 8 Errata B-4# 9 Exhibit B-5# 10 Exhibit B-6# 11 Errata B-7# 12 Errata B-8# 13 Exhibit C# 14 STATEMENT OF UNDISPUTED FACTS)(HAMILTON, MATTHEW) (Entered: 07/14/2006) 07/14/ MOTION TO TAKE JUDICIAL NOTICE OF CERTAIN EXHIBITS FILED IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT re 39 MOTION for Summary Judgment Under The Vaccine Act Or Alternatively On

10 Grounds Of Preemption and Primary Jurisdiction filed by GLAXO- SMITHKLINE.Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Index Of Exhibits# 3 Exhibit 1-Part 1# 4 Exhibit 1-Part 2# 5 Exhibit 2# 6 Errata 3# 7 Exhibit 4# 8 Exhibit 5# 9 Exhibit 6# 10 Exhibit 7# 11 Exhibit 8# 12 Exhibit 9# 13 Exhibit 10)(HAMILTON, MATTHEW) (Entered: 07/14/2006) 07/14/ MOTION TO TAKE JUDICIAL NOTICE OF CERTAIN EXHIBITS FILED IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT re 39 MOTION for Summary Judgment Under The Vaccine Act Or Alternatively On Grounds Of Preemption and Primary Jurisdiction filed by GLAXO- SMITHKLINE.Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Index Of Exhibits)(HAMILTON, MATTHEW) (Entered: 07/14/2006) 07/14/ Exhibits 11 to 19 re:motion TO TAKE JUDICIAL NOTICE OF CERTAIN EXHIBITS FILED IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT (Docket No.40) by GLAXO-SMITHKLINE. (Attachments: # 1 Exhibit 12# 2 Exhibit 13# 3 Exhibit 14# 4 Exhibit 15# 5 Exhibit 16# 6 Exhibit 17# 7 Exhibit 18# 8 Exhibit 19)(HAMILTON, MATTHEW) (Entered: 07/14/2006) 07/14/ MOTION for Leave to File Excess Pages filed by BAYER PHARMACEUTICALS CORPORATION.. (Attachments: # 1 Order# 2 Exhibit A - Certificate of Counsel# 3 Certificate of Service)(ROSSER, RACHEL) (Entered: 07/14/2006) 07/14/ MOTION for Judgment on the Pleadings filed by BAYER PHARMACEUTICALS CORPORATION.. (Attachments: # 1 Order# 2 Memorandum of Law in Support# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Certificate of Service)(ROSSER, RACHEL) (Entered: 07/14/2006) 07/14/ MOTION for Leave to File Excess Pages filed by WYETH, INC..Certificate of Counsel and Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A-Certificate of Counsel# 3 Certificate of Service)(DANDORA, REETU) (Entered: 07/14/2006) 07/14/ MOTION for Summary Judgment filed by WYETH, INC..Brief, Declaration, Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K (Part 1)# 13 Exhibit K (Part 2)# 14 Exhibit K (Part 3)# 15 Exhibit K (Part 4)# 16 Exhibit K (Part 5)# 17 Exhibit K (Part 6)# 18 Certificate of Service)(DANDORA, REETU) (Entered: 07/14/2006) 07/17/ ORDER THAT DEFENDANT, WYETH, INC.'S MOTION FOR LEAVE TO FILE EXCESS PAGES FOR BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT IS GRANTED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 7/17/06.7/18/06 ENTERED AND COPIES MAILED AND FAXED. (le, ) (Entered: 07/18/2006) 07/18/ ORDER THAT DEFENDANT, BAYER PHARMACEUTICALS CORPORATION'S UNCONTESTED MOTION FOR LEAVE TO FILE

11 EXCESS PAGES IS GRANTED AND DEFENDANT IS HEREBY GRANTED LEAVE TO FILE A BRIEF NOT TO EXCEED 71 PAGES. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 7/17/06.7/18/06 ENTERED AND COPIES MAILED AND FAXED. (le, ) (Entered: 07/18/2006) 07/18/ ORDER THAT DEFENDANT, SMITH KLINE BEECHAM CORPORATION d/b/a GLAXOSMITHKLINE'S MOTION FOR LEAVE TO FILE EXCESS PAGES IS GRANTED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 7/17/06.7/18/06 ENTERED AND COPIES MAILED AND FAXED. (le, ) (Entered: 07/18/2006) 07/27/ Praecipe to Substitute Page in Bayer's Memorandum of Law in Support of Motion for Judgment on the Pleadings by BAYER PHARMACEUTICALS CORPORATION. (Attachments: # 1 New Page #3 to be substituted# 2 Certificate of Service)(ROSSER, RACHEL) (Entered: 07/27/2006) 08/14/ MOTION to Transfer Venue under 28 U.S.C. Section 1404 filed by BAYER PHARMACEUTICALS CORPORATION, Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Motion# 2 Order# 3 Exhibit A# 4 Certificate of Service)(ROSSER, RACHEL) Modified on 8/17/2006 (cdd, ). (Entered: 08/14/2006) 08/14/ Response re 39 MOTION for Summary Judgment Under The Vaccine Act Or Alternatively On Grounds Of Preemption and Primary Jurisdiction to Glaxo's "Statement of Undisputed Facts" by LISA SYKES, SETH SYKES. (RODA, JOSEPH) (Entered: 08/14/2006) 08/14/ Response re 46 MOTION for Summary Judgment to Wyeth's "Statement of Undisputed Facts" by LISA SYKES, SETH SYKES. (RODA, JOSEPH) (Entered: 08/14/2006) 08/14/ RESPONSE in Opposition re 44 MOTION for Judgment on the Pleadings filed by LISA SYKES, SETH SYKES. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Certificate of Service)(RODA, JOSEPH) (Entered: 08/14/2006) 08/14/ RESPONSE in Opposition re 41 MOTION TO TAKE JUDICIAL NOTICE OF CERTAIN EXHIBITS FILED IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT re 39 MOTION for Summary Judgment Under The Vaccine Act Or Alternatively On Grounds Of Preemption and Primary Jurisdiction, 46 MOTION for Summary Judgment filed by LISA SYKES, SETH SYKES, Certificate of Service. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Certificate of Service)(RODA, JOSEPH) Modified on 8/17/2006 (cdd, ). (Entered: 08/14/2006) 08/24/ MOTION to Transfer Venue Under 28 U.S.C filed by GLAXO- SMITHKLINE.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(HAMILTON, MATTHEW) (Entered: 08/24/2006) 08/25/ MOTION to Transfer Venue Under 28 U.S.C. Section 1404 filed by WYETH, INC..Memordandum of Law, Declarations, Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Exhibit 1# 3 Exhibit 2)(DANDORA, REETU) (Entered: 08/25/2006)

12 08/28/ RESPONSE in Support re 39 MOTION for Summary Judgment Under The Vaccine Act Or Alternatively On Grounds Of Preemption and Primary Jurisdiction and in Response to Plaintiffs' Consolidated Response Opposing the Motions for Summary Judgment of Wyeth and Glaxo-SmithKline filed by GLAXO-SMITHKLINE. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(HAMILTON, MATTHEW) (Entered: 08/28/2006) 08/28/ RESPONSE in Support re 44 MOTION for Judgment on the Pleadings filed by BAYER PHARMACEUTICALS CORPORATION. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Certificate of Service)(ROSSER, RACHEL) (Entered: 08/28/2006) 08/28/ REPLY to Response to Motion re 46 MOTION for Summary Judgment filed by WYETH, INC.. (DANDORA, REETU) (Entered: 08/28/2006) 09/14/ RESPONSE in Opposition re 56 MOTION to Transfer Venue Under 28 U.S.C. 1404, 51 MOTION to Transfer Venue under 28 U.S.C. Section 1404 filed by LISA SYKES, SETH SYKES. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Certificate of Service)(RODA, JOSEPH) (Entered: 09/14/2006) 09/22/ RESPONSE in Opposition re 57 MOTION to Transfer Venue Under 28 U.S.C. Section 1404 filed by LISA SYKES, SETH SYKES. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A# 3 Certificate of Service)(RODA, JOSEPH) (Entered: 09/22/2006) 10/06/ MOTION for Leave to File a Reply Memorandum Concerning Wyeth's Motion to Transfer Venue filed by WYETH, INC..Certificate of Service. (Attachments: # 1 Exhibit A)(DANDORA, REETU) (Entered: 10/06/2006) 10/13/ ORDER THAT DEFENDANT, WYETH, INC.'S MOTION FOR LEAVE TO FILE A REPLY MEMORANDUM CONCERNING WYETH'S MOTION TO TRANSFER VENUE IS GRANTED AND THE REPLY ATTACHED TO WYETH'S MOTION AS EXHIBIT A IS DEEMED FILED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 10/13/06.10/16/06 ENTERED AND COPIES MAILED AND ED.(le, ) (Entered: 10/16/2006) 10/13/ Reply Memorandum in Support of 57 Motion to Transfer Venue Under 28 U.S.C. Section 1404 filed by WYETH, INC.. (le, ) (Entered: 10/16/2006) 11/15/ Notice of Change of Address filed by JOHN H. KIM, Esquire with Certificate of Service. (le, ) (Entered: 11/15/2006) 11/20/ ORDER THAT ORAL ARGUMENT ADDRESSING THE PENDING MOTION CONCERNING FEDERAL PREEMPTION AND CHANGE OF VENUE IS SCHEDULED FOR 12/19/2006 AT 10:00 AM IN COURTROOM 3B BEFORE HONORABLE LAWRENCE F. STENGEL. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 11/20/06. 11/21/06 ENTERED AND COPIES MAILED AND ED.(le, ) (Entered: 11/21/2006) 12/19/ Minute Entry for proceedings held before Judge LAWRENCE F. STENGEL : Motion Hearing held on 12/19/06 re 51 MOTION to Transfer Venue under 28

13 U.S.C. Section 1404 filed by BAYER PHARMACEUTICALS CORPORATION,, 56 MOTION to Transfer Venue Under 28 U.S.C filed by GLAXO-SMITHKLINE,, 57 MOTION to Transfer Venue Under 28 U.S.C. Section 1404 filed by WYETH, INC., Court Reporter: Laura Buenzle. Counsel present arguments to Court. Court will issue decision in new year. (le, ) (Entered: 12/19/2006) 12/19/ APPLICATION for Pro Hac Vice Admission of Marcy Hogan Greer on behalf of GLAXO-SMITHKLINE. Sponsor Statement and Certificate of Service attached. (nda, ) (Entered: 12/19/2006) 12/21/ ORDER THAT THE APPLICATION FOR THE PRO HAC VICE ADMISSION OF MARCY HOGAN GREER IN HEREBY GRANTED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 12/19/06. 12/21/06 ENTERED AND COPIES MAILED AND FAXED.(le, ) (Entered: 12/21/2006) 01/30/ TRANSCRIPT of Proceedings held on 12/19/06 before Judge STENGEL. Court Reporter: L. BUENZLE. (stb, ) (Entered: 01/31/2007) 03/28/ OPINION AND ORDER THAT DEFENDANTS, GLAXOSMITHKLINE AND WYETH'S MOTIONS FOR SUMMARY JUDGMENT ARE GRANTED. ALL CLAIMS AGAINST GSK AND WYETH ARE PREEMPTED AND DISMISSED FOR THE REASONS SET FORTH IN THE PRECEDING OPINION. DEFENDANT, BAYER'S MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED IN PART. ALL FAILURE TO WARN CLAIMS AGAINST BAYER ARE PREEMPTED AND DISMISSED WITH PREJUDICE. DEFENDANT, GLAXOSMITHKLINE'S MOTION TO TAKE JUDICIAL NOTICE OF CERTAIN EXHIBITS IS GRANTED IN PART TO THE EXTENT THAT I REFERENCE ANY OF THE EXHIBITS IN THE PRECEDING OPINION. DEFENDANTS, GLAXOSMITHKLINE AND WYETH'S MOTION TO TRANSFER VENUE ARE DENIED AS MOOT. DEFENDANT, BAYER'S MOTION TO TRANSFER VENUE IS GRANTED. THE CLERK OF COURT SHALL TRANSFER THE PLAINTIFFS' REMAINING CASE AGAINST BAYER TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. THE CLERK OF COURT SHALL TRANSFER ALL ORIGINAL DOCUMENTS IN THE FILE TO THE UNITED STATES DISTRICT COURT FOR EASTERN DISTRICT OF VIRGINIA. THE CLERK OF COURT SHALL MARK THIS CASE AS CLOSED FOR STATISTICAL PURPOSES. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 3/28/07. 3/29/07 ENTERED AND COPIES MAILED AND ED.(le, ) (Entered: 03/29/2007) 03/29/ NOTICE OF APPEAL as to 72 Memorandum & Opinion by LISA SYKES, SETH SYKES. Copies to Judge, Clerk USCA, Appeals Clerk and JOSEPH F. RODA (RODA, JOSEPH) Modified on 3/30/2007 (np). (Entered: 03/29/2007)