APPEAL, SPECIAL United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:06-cv-01111-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 22182-1951 DANIEL N. GALLUCCI RODA & NAST PC 801 ESTELLE DRIVE LANCASTER, PA 17601 717-892-3000 Email: dgallucci@rodanast.com DIANNE M. NAST RODA & NAST, PC 801 ESTELLE DRIVE LANCASTER, PA 17601 717-892-3000 Fax: 717-892-1200 Email: dnast@rodanast.com JOHN H. KIM THE KIM LAW FIRM 4309 YOAKUM BLVD SUITE 2000 HOUSTON, TX 77006 713-522-1177
JOSEPH F. RODA RODA & NAST PC 801 ESTELLE DR LANCASTER, PA 17601 717-892-3000 Fax: 717-892-1200 Email: jroda@rodanast.com LAWRENCE R. COHAN ANAPOL SCHWARTZ WEISS COHAN FELDMAN & SMALLEY 1710 SPRUCE STREET PHILADELPHIA, PA 19103 215-790-4567 Email: lcohan@anapolschwartz.com MICHAEL L. WILLIAMS WILLIAMS, LOVE, O'LEARY, CRAINE & POWERS, P.C. 9755 SW BARNES ROAD SUITE 450 PORTLAND, OR 97225-6681 503-295-2924 Email: mwilliams@wdolaw.com THOMAS B. POWERS WILLIAMS LOVE O'LEARY CRAINE & POWERS 9755 SW BARNES ROAD SUITE 450 PORTLAND, OR 97225 503-295-2924 Email: tpowers@wdolaw.com Plaintiff SETH SYKES INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF WESLEY ALEXANDER SYKES, A MINOR CHILD represented by CLIFFORD J. SHOEMAKER
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. 1301 MCKINNEY SUITE 5100 HOUSTON, TX 77010-3095 713-651-5151 BARRY H. BOISE
PEPPER HAMILTON LLP 3000 TWO LOGAN SQUARE 18TH & ARCH STREETS PHILADELPHIA, PA 19103-2799 215-981-4591 Fax: 215-981-4750 Email: boiseb@pepperlaw.com MARCY HOGAN GREER FULBRIGHT & JAWORSKI L.L.P. 600 CONGRESS AVE STE 2400 AUSTIN, TX 78701-2978 MATTHEW J. HAMILTON PEPPER HAMILTON, LLP 18TH & ARCH STS. 3000 TWO LOGAN SQUARE PHILA, PA 19103-2799 TEL 215-981-4194 Email: hamiltom@pepperlaw.com 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 10103 212-506-5000 LAUREN ELLIOT ORRICK HERRINGTON & SUTCLIFFE LLP 666 FIFTH AVE NEW YORK, NY 10103 212-506-3754 REETU DANDORA REED SMITH LLP
2500 ONE LIBERTY PLACE 1650 MARKET ST. PHILADELPHIA, PA 19103 215-851-8100 Email: rdandora@reedsmith.com 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 39201 601-948-6470 FRED M. HASTON, III BRADLEY, ARANT, ROSE & WHITE 2001 PARK PLACE TOWER SUITE 1400 BIRMINGHAM, AL 35203-2736 WILLIAM F. GOODMAN, III WATKINS & EAGER PLLC 400 EAST CAPITOL ST. SUITE 300 JACKSON, MS 39201 601-948-6470 RACHEL CASTILLO ROSSER ECKERT SEAMANS CHERIN & MELLOTT LLC TWO LIBERTY PLACE 22ND FLOOR 50 SOUTH 16TH STREET PHILADELPHIA, PA 19102 215-851-8400 Email: rrosser@eckertseamans.com Date Filed # Docket Text
03/14/2006 1 COMPLAINT against GLAXO-SMITHKLINE, WYETH, INC., BAYER PHARMACEUTICALS CORPORATION ( Filing fee $ 250 receipt number 926665.), 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) 04/03/2006 2 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) 04/03/2006 3 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) 04/06/2006 4 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) 04/10/2006 5 ANSWER to Complaint with Jury Demand and Certificate of Service by WYETH, INC..(DANDORA, REETU) (Entered: 04/10/2006) 04/10/2006 6 Statement of Corporate Disclosure by WYETH, INC.. (DANDORA, REETU) (Entered: 04/10/2006) 04/12/2006 7 Disclosure with Certificate of Service by GLAXO- SMITHKLINE.(HAMILTON, MATTHEW) (Entered: 04/12/2006) 04/12/2006 8 ANSWER to Complaint with Jury Demand and Certificate of Service by GLAXO-SMITHKLINE.(HAMILTON, MATTHEW) (Entered: 04/12/2006) 04/13/2006 9 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) 04/13/2006 10 Statement of Corporate Disclosure by BAYER PHARMACEUTICALS CORPORATION. (Attachments: # 1 Certificate of Service)(ROSSER, RACHEL) (Entered: 04/13/2006) 04/26/2006 11 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 6/12/2006 03:00 PM BEFORE HONORABLE LAWRENCE F. STENGEL. (le, ) (Entered:
04/27/2006) 05/04/2006 12 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) 05/04/2006 13 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) 05/04/2006 14 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) 05/04/2006 15 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) 05/04/2006 16 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) 05/08/2006 17 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) 05/08/2006 18 APPLICATION/PETITION for Admission Pro Hac Vice of Lauren J. Elliot, Esquire by WYETH, INC.. (DANDORA, REETU) (Entered: 05/08/2006) 05/08/2006 19 APPLICATION/PETITION for Admission Pro Hac Vice of Daniel J. Thomasch, Esquire by WYETH, INC.. (DANDORA, REETU) (Entered: 05/08/2006) 05/08/2006 20 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) 05/08/2006 21 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) 05/08/2006 22 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)
05/08/2006 Filing fee: $ 40.00, receipt number 928486 for Admission PRO HAC VICE of FRED M. HASTON, III, ESQ. (pr, ) (Entered: 05/09/2006) 05/08/2006 23 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) 05/08/2006 24 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 928484 For Admission PRO HAC VICE of DANIEL J. THOMASCH, ESQ. and LAUREN J. ELLIOT, ESQ. (pr, ) (Entered: 05/09/2006) 05/08/2006 25 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) 05/08/2006 26 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) 05/22/2006 27 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) 05/22/2006 28 APPLICATION OF DOUGLAS J. GUNN, ESQUIRE TO PRACTICE IN THIS COURT BY BAYER PHARMACEUTICALS CORPORATION, STATEMENT, CERTIFICATE OF SERVICE. (ac, ) (Entered: 05/23/2006) 05/25/2006 29 APPLICATION OF DEFENDANT GLAXO-SMITHKLINE FOR BARCLAY A. MANLEY, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b), CERTIFICATE OF SERVICE. (jpd) (Entered: 05/25/2006) 05/31/2006 30 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) 06/05/2006 31 ORDER THAT THE APPLICATION OF WILLIAM F. GOODMAN, III 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) 06/05/2006 32 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) 06/07/2006 33 NOTICE of Appearance by DIANNE M. NAST on behalf of LISA SYKES, SETH SYKES with Certificate of Service (NAST, DIANNE) (Entered: 06/07/2006) 06/07/2006 34 NOTICE of Appearance by DANIEL N. GALLUCCI on behalf of LISA SYKES, SETH SYKES with Certificate of Service (GALLUCCI, DANIEL) (Entered: 06/07/2006) 06/07/2006 35 NOTICE of Appearance by JOSEPH F. RODA on behalf of LISA SYKES, SETH SYKES with Certificate of Service (RODA, JOSEPH) (Entered: 06/07/2006) 06/19/2006 36 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 1986. 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 E-MAILED.(le, ) (Entered: 06/20/2006) 07/13/2006 37 Entry of Appearance filed by BARRY H. BOISE, Esquire on behalf of GLAXO-SMITHKLINE with Certificate of Service. (le, ) (Entered: 07/14/2006) 07/14/2006 38 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) 07/14/2006 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# 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) 07/14/2006 40 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# 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) 07/14/2006 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 filed by GLAXO- SMITHKLINE.Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Index Of Exhibits)(HAMILTON, MATTHEW) (Entered: 07/14/2006) 07/14/2006 42 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) 07/14/2006 43 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) 07/14/2006 44 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) 07/14/2006 45 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) 07/14/2006 46 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) 07/17/2006 47 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) 07/18/2006 48 ORDER THAT DEFENDANT, BAYER PHARMACEUTICALS CORPORATION'S UNCONTESTED MOTION FOR LEAVE TO FILE
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) 07/18/2006 49 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) 07/27/2006 50 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) 08/14/2006 51 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) 08/14/2006 52 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) 08/14/2006 53 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) 08/14/2006 54 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) 08/14/2006 55 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) 08/24/2006 56 MOTION to Transfer Venue Under 28 U.S.C. 1404 filed by GLAXO- SMITHKLINE.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(HAMILTON, MATTHEW) (Entered: 08/24/2006) 08/25/2006 57 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)
08/28/2006 58 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) 08/28/2006 59 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) 08/28/2006 60 REPLY to Response to Motion re 46 MOTION for Summary Judgment filed by WYETH, INC.. (DANDORA, REETU) (Entered: 08/28/2006) 09/14/2006 61 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) 09/22/2006 62 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) 10/06/2006 63 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) 10/13/2006 64 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 E-MAILED.(le, ) (Entered: 10/16/2006) 10/13/2006 65 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) 11/15/2006 66 Notice of Change of Address filed by JOHN H. KIM, Esquire with Certificate of Service. (le, ) (Entered: 11/15/2006) 11/20/2006 67 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 E-MAILED.(le, ) (Entered: 11/21/2006) 12/19/2006 68 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
U.S.C. Section 1404 filed by BAYER PHARMACEUTICALS CORPORATION,, 56 MOTION to Transfer Venue Under 28 U.S.C. 1404 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) 12/19/2006 69 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) 12/21/2006 70 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) 01/30/2007 71 TRANSCRIPT of Proceedings held on 12/19/06 before Judge STENGEL. Court Reporter: L. BUENZLE. (stb, ) (Entered: 01/31/2007) 03/28/2007 72 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 E-MAILED.(le, ) (Entered: 03/29/2007) 03/29/2007 73 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)