ORDER regarding failure to maintain an e-mail address as required by Local Rule 2.01(d). Signed by Judge Roy B. Dalton, Jr. on 2/3/2012. (VMF) (Entered: 02/06/2012)
RESPONSE to motion re 87 MOTION for miscellaneous relief, specifically to Enter the Court's Rule 16(C) Ruling in All Activated Cases and to Certify that Ruling for Interlocutory Review MOTION for miscellaneous relief, specifically to Enter the Court's Rule 16(C) Ruling in All Activated Cases and to Certify that Ruling for Interlocutory Review filed by Annette Starling. (Barnett, Kathryn) (Entered: 01/13/2012)
NOTICE by Lorillard Tobacco Company, Philip Morris USA, Inc., R.J. Reynolds Tobacco Company(as Successor in Merger to Brown and Williamson Corporation and the American Tobacco Company), R.J. Reynolds Tobacco Company(as R.J. Reynolds Tobacco Company) re 89 MOTION in limine of Filing Exhibits U-CC in support of Motions in Limine (Attachments: # 1 Exhibit U, # 2 Exhibit V, # 3 Exhibit W, # 4 Exhibit X, # 5 Exhibit Y, # 6 Exhibit Z, # 7 Exhibit AA, # 8 Exhibit BB, # 9 Exhibit CC)(Yarber, John) (Entered: 01/11/2012)
NOTICE by Lorillard Tobacco Company, Philip Morris USA, Inc., R.J. Reynolds Tobacco Company(as Successor in Merger to Brown and Williamson Corporation and the American Tobacco Company), R.J. Reynolds Tobacco Company(as R.J. Reynolds Tobacco Company) re 89 MOTION in limine of filing Exhibits K-T in support of Motions in Limine (Attachments: # 1 Exhibit K, # 2 Exhibit L, # 3 Exhibit M PART 1, # 4 Exhibit M PART 2, # 5 Exhibit N, # 6 Exhibit O PART 1, # 7 Exhibit O PART 2, # 8 Exhibit P PART 1, # 9 Exhibit P PART 2, # 10 Exhibit P PART 3, # 11 Exhibit Q PART 1, # 12 Exhibit Q PART 2, # 13 Exhibit R, # 14 Exhibit S, # 15 Exhibit T)(Yarber, John) Counsel notified to refile Redacted Exhibits 11 and 12 only. Modified on 1/12/2012 (DTS). (Entered: 01/11/2012)
MOTION for miscellaneous relief, specifically to Enter the Court's Rule 16(C) Ruling in All Activated Cases and to Certify that Ruling for Interlocutory Review by Lorillard Tobacco Company, Philip Morris USA, Inc., R.J. Reynolds Tobacco Company(as Successor in Merger to Brown and Williamson Corporation and the American Tobacco Company). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Crane, Eliza) (Entered: 12/30/2011)
STIPULATION of Dismissal Without Prejudice as to All Defendants by Annette Starling (Swerdloff, Nicolas) Modified on 1/9/2012 to edit text and filer (MK). (Entered: 12/27/2011)
NOTICE of service of proposal for settlement by Lorillard Tobacco Company (Swerdloff, Nicolas) Modified on 12/27/2011 to edit text (MK). (Entered: 12/23/2011)
ORDER denying 69 Motion for Reconsideration. See Order for additional information. Signed by Judge Roy B. Dalton, Jr. on 12/22/2011. (HH) (Entered: 12/22/2011)
ORDER granting in part and denying in part 66 Motion for summary judgment; ruling deferred 67 Motion for Partial Summary Judgment; denying 68 Motion. Signed by Judge Roy B. Dalton, Jr. on 12/20/2011. (EAM) (Entered: 12/21/2011)
REPLY to response to motion re 66 MOTION for summary judgment filed by Lorillard Tobacco Company. (Attachments: # 1 Exhibit A)(Swerdloff, Nicolas) (Entered: 12/06/2011)
REPLY to response to motion re 67 MOTION for partial summary judgment on Plaintiff's Claims for Breach of Express and Implied Warranties filed by Lorillard Tobacco Company, Philip Morris USA, Inc., R.J. Reynolds Tobacco Company(as Successor in Merger to Brown and Williamson Corporation and the American Tobacco Company), R.J. Reynolds Tobacco Company(as R.J. Reynolds Tobacco Company). (Yarber, John) (Entered: 12/05/2011)
ORDER appointing Terrence M. White as mediator in this action. Conduct mediation hearing by 1/13/2012. Plaintiff is designated as lead counsel for the purposes of coordinating dates. Signed by Judge Roy B. Dalton, Jr. on 12/2/2011. (SMS) (Entered: 12/05/2011)
NOTICE setting forth the order in which Summary Judgment and Daubert Motions will be heard at the hearing set for December 13, 2011 at 9:30 AM, in Courtroom 12C before Judge Roy B. Dalton, Jr. Signed by Judge Roy B. Dalton, Jr. on 12/1/2011. (SMS) (Entered: 12/01/2011)
RESPONSE in opposition re 69 First MOTION for reconsideration re 62 Order on Motion for Judgment on the PleadingsFirst MOTION for reconsideration re 62 Order on Motion for Judgment on the Pleadings filed by Annette Starling. (Attachments: # 1 Exhibit 1)(Barnett, Kathryn) (Entered: 11/30/2011)
SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 10/1/2011, Dispositive motions due by 11/15/2011, Pretrial statement due by 1/24/2012, All other motions due by 1/10/2012, Plaintiff disclosure of expert report due by 7/18/2011, Defendant disclosure of expert report due by 8/18/2011, Final Pretrial Conference set for 1/31/2012 at 10:00 AM in Jacksonville Courtroom 12C before Judge Roy B. Dalton, Jr., Jury Trial set for trial term commencing 2/6/2012 at 9:30 AM in Jacksonville Courtroom 12C before Judge Roy B. Dalton, Jr., Conduct mediation hearing by 1/13/2012. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 11/22/2011. (MK) (Entered: 11/22/2011)
NOTICE OF RESCHEDULING HEARING: TIME CHANGE ONLY The motion hearing previously scheduled for 12/13/11 is rescheduled. New scheduling time: Motion Hearing set for 12/13/2011 at 09:30 AM in Jacksonville Courtroom 12 C before Judge Roy B. Dalton, Jr.. (VMF) (Entered: 11/21/2011)
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER for 9 activated cases: Final Pretrial Conference set for 1/31/2012 at 10:00 AM before Judge Roy B. Dalton, Jr., Jury Trial set for trial term commencing 2/6/2012 at 09:30 AM before Judge Roy B. Dalton, Jr., Conduct mediation hearing by 1/13/2012. Lead counsel to coordinate dates. SEE ORDER FOR DETAILS. Signed by Judge Roy B. Dalton, Jr. on 11/19/11. (SMS) (Entered: 11/21/2011)
First MOTION for reconsideration re 62 Order on Motion for Judgment on the Pleadings by Lorillard Tobacco Company, Lorillard, Inc., Philip Morris USA, Inc., R.J. Reynolds Tobacco Company(as Successor in Merger to Brown and Williamson Corporation and the American Tobacco Company), R.J. Reynolds Tobacco Company(as R.J. Reynolds Tobacco Company). (Hamelers, Brittany) (Entered: 11/16/2011)
Defendant's MOTION To Exclude Evidence Or Argument Concerning The Use Of Ammonia Compounds In Cigarettes Pursuant To Daubert v. Merrell Dow Pharmaceuticals, Inc. by Lorillard Tobacco Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Swerdloff, Nicolas) Motions referred to Magistrate Judge Joel B. Toomey. Modified on 11/16/2011 (DTS). (Entered: 11/15/2011)
MOTION for partial summary judgment on Plaintiff's Claims for Breach of Express and Implied Warranties by Lorillard Tobacco Company, Philip Morris USA, Inc., R.J. Reynolds Tobacco Company(as Successor in Merger to Brown and Williamson Corporation and the American Tobacco Company), R.J. Reynolds Tobacco Company(as R.J. Reynolds Tobacco Company). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Yarber, John) (Entered: 11/15/2011)
NOTICE of Appearance by M. Sean Laane on behalf of Philip Morris USA, Inc. (Laane, M.) Modified on 11/10/2011 (MK). Counsel notified of correct case number for all future pleadings. (Entered: 11/09/2011)
ORDER denying 35 Plaintiff's Motion to Amend Complaint and Memorandum of Law. Signed by Judge Roy B. Dalton, Jr. on 11/2/2011. (HH) (Entered: 11/02/2011)
ORDER denying 34 Defendants' Motion for Judgment on the Pleadings and 50 Joint Motion to Stay Proceedings. Signed by Judge Roy B. Dalton, Jr. on 11/2/2011. (HH) (Corrected PDF attached on 11/3/2011; PDF corrected as to Judge code in case number only) (SMS). (Entered: 11/02/2011)
ORDER REFERRING CASE to mediation and directing selection of a mediator on or before November 25, 2011. Counsel for Plaintiff is designated as lead counsel and is to coordinate dates. Mediation shall be conducted on or before January 13, 2012. Signed by Judge Roy B. Dalton, Jr. on 11/1/11. (Attachments: # 1 Mediation Report) (SMS) (Entered: 11/02/2011)
Case reassigned to Judge Roy B. Dalton, Jr. pursuant to Order (Doc. 332) in case 3:09-cv-10000-J-32JBT. New case number: 3:09-cv-10027-J-37JBT. Judge Marcia Morales Howard no longer assigned to the case. (DH) (Entered: 10/28/2011)
Defendant's NOTICE that the Florida Supreme Court Has Accepted Certification of Capone v. Phillip Morris USA by Lorillard Tobacco Company (Attachments: # 1 Exhibit Exhibit A: Docket Sheet)(Lifton, Diane) Modified text on 10/24/2011 (EAM). (Entered: 10/21/2011)
REPLY to response to motion re 34 MOTION for Judgment on the Pleadings filed by Lorillard Tobacco Company, Philip Morris USA, Inc., R.J. Reynolds Tobacco Company(as Successor in Merger to Brown and Williamson Corporation and the American Tobacco Company). (Attachments: # 1 Exhibit, # 2 Exhibit)(Arnold, Keri) (Entered: 09/20/2011)
ENDORSED ORDER granting 43 Defendants' Philip Morris USA, Inc., R.J. Reynolds Tobacco Co., and Lorillard Tobacco Co. (collectively, "Defendants") Motion for Leave to Submit a Reply to Plaintiff's Response in Opposition to Defendants' Motion for Judgment on the Pleadings and Incorporated Memorandum of Law. Defendants shall file a reply of no more than 10 pages on or before September 23, 2011. Signed by Judge Roy B. Dalton, Jr. on 9/14/2011. (HH) (Entered: 09/14/2011)
MEMORANDUM in opposition re 46 Motion to dismiss (Plaintiff's Motion for Voluntary Dismissal) filed by Lorillard Tobacco Company, Philip Morris USA, Inc., R.J. Reynolds Tobacco Company(as Successor in Merger to Brown and Williamson Corporation and the American Tobacco Company). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Swerdloff, Nicolas) (Entered: 09/01/2011)
Joint MOTION to stay Proceedings pending a ruling on certain dispositive motions by Lorillard Tobacco Company, Philip Morris USA, Inc., R.J. Reynolds Tobacco Company(as Successor in Merger to Brown and Williamson Corporation and the American Tobacco Company), Annette Starling. (Yarber, John) (Entered: 08/31/2011)
ENDORSED ORDER granting 48 motion to appear pro hac vice. If Alan Mansfield, Esq. has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 8/31/2011. (ADM) (Entered: 08/31/2011)
Unopposed MOTION for Alan Mansfield to appear pro hac vice by Lorillard Tobacco Company, Lorillard, Inc.. (Swerdloff, Nicolas) Motions referred to Magistrate Judge Joel B. Toomey. (Entered: 08/30/2011)
REPLY to response to motion re 35 MOTION to amend/correct 21 Amended complaint and Memorandum of Law filed by Annette Starling. (Barnett, Kathryn) (Entered: 08/15/2011)
ENDORSED ORDER granting 41 Motion for leave to file. On or before August 15, 2011, Plaintiff may file a reply, not exceeding fifteen (15) pages, to Defendants' Opposition to Plaintiff's Motion for Leave to Amend. Signed by Magistrate Judge Joel B. Toomey on 8/5/2011. (ADM) (Entered: 08/05/2011)
CERTIFICATE of service on Shands by Annette Starling re 37 Order on Motion for Miscellaneous Relief (Byrd, Kenneth) Modified text on 8/2/2011 (EAM). (Entered: 08/01/2011)
ORDER taking under advisement 36 Motion. See Order for details. On or before 08/10/2011, Shands may file a response. Signed by Magistrate Judge Joel B. Toomey on 7/27/2011. (ADM) (Entered: 07/27/2011)
First MOTION for miscellaneous relief, specifically for Court Order Directing Shands Medical To Release Pathology Materials by Annette Starling. (Byrd, Kenneth) (Entered: 07/26/2011)
MOTION for Judgment on the Pleadings by Lorillard Tobacco Company, Philip Morris USA, Inc., R.J. Reynolds Tobacco Company(as Successor in Merger to Brown and Williamson Corporation and the American Tobacco Company). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Yarber, John) (Entered: 07/13/2011)
AMENDED NOTICE of Appearance of Janna B. Custer Appearance by Norwood Sherman Wilner on behalf of Annette Starling (Wilner, Norwood) Modified on 2/22/2011 to edit text (PAM). (Entered: 02/22/2011)
NOTICE of Appearance of Janna B. Custer, Esq. Appearance by Norwood Sherman Wilner on behalf of Benny W. Starling (Wilner, Norwood) Modified on 2/22/2011 (PAM). [Counsel re-filed: No certificate of service: See doc. 19] (Entered: 02/18/2011)
FIRST AMENDED COMPLAINT against Lorillard Tobacco Company, Lorillard, Inc., Philip Morris USA, Inc., R.J. Reynolds Tobacco Co. with Jury Demand filed by Benny W. Starling.(Wilner, Norwood) Modified on 2/22/2011 to edit text (PAM). Modified on 2/24/2011 (PAM). [Stricken Pursuant to Order Doc. 91 Entered in 3:09-cv-10000-J-32JBT] (Entered: 02/18/2011)
NOTICE of Appearance with Certificate of Service Appearance by Norwood Sherman Wilner on behalf of Benny W. Starling (Wilner, Norwood) (Entered: 02/03/2011)
NOTICE of Appearance with Certificate of Service Appearance by Stephanie J. Hartley on behalf of Benny W. Starling (Hartley, Stephanie) (Entered: 02/03/2011)
NOTICE of Appearance with Certificate of Service Appearance by Richard J. Lantinberg on behalf of Benny W. Starling (Lantinberg, Richard) (Entered: 02/03/2011)
NOTICE of Theodore V.H. Mayer's Appearance by Nicolas Swerdloff on behalf of Lorillard Tobacco Company, Lorillard, Inc. (Swerdloff, Nicolas) (Entered: 02/01/2011)
NOTICE of Robb W. Patryk's Appearance by Nicolas Swerdloff on behalf of Lorillard Tobacco Company, Lorillard, Inc. (Swerdloff, Nicolas) (Entered: 02/01/2011)
NOTICE of Diane E. Lifton's Appearance by Nicolas Swerdloff on behalf of Lorillard Tobacco Company, Lorillard, Inc. (Swerdloff, Nicolas) (Entered: 02/01/2011)
NOTICE of Daniel H. Weiner's Appearance by Nicolas Swerdloff on behalf of Lorillard Tobacco Company, Lorillard, Inc. (Swerdloff, Nicolas) (Entered: 02/01/2011)
NOTICE of Cecily C. Williams' Appearance by Nicolas Swerdloff on behalf of Lorillard Tobacco Company, Lorillard, Inc. (Swerdloff, Nicolas) (Entered: 02/01/2011)
NOTICE of Aviva Wernick's Appearance by Nicolas Swerdloff on behalf of Lorillard Tobacco Company, Lorillard, Inc. (Swerdloff, Nicolas) (Entered: 02/01/2011)
Case reassigned to Magistrate Judge Joel B. Toomey. New case number: 3:09-cv-10027-J-34JBT. Magistrate Judge Howard T. Snyder no longer assigned to the case. (SMS) (Entered: 01/21/2011)
ORDER setting forth instructions regarding the severance of cases; See order for further details. Signed by Judge Henry Lee Adams, Jr., Judge Timothy J. Corrigan and Judge Marcia Morales Howard on 11/12/2009. (Attachments: # 1 Exhibit 1 - Order setting status conference signed February 20, 2008; # 2 Exhibit 2 - Order regarding pending motions signed April 9, 2008; # 3 Exhibit 3 - Order regarding Rule 16(C)) Motion signed August 28, 2008; # 4 Exhibit 4 - Order regarding Motion to Remand signed August 29, 2008; # 5 Exhibit 5 - Order regarding case status signed on August 29, 2008; # 6 Exhibit 6 - Order regarding Motion to Stay signed October 29, 2008; # 7 Exhibit 7 - Order severing cases signed May 13, 2009). (SMS) (Entered: 11/27/2009)
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