Bartlett et al v. Mutual Pharmaceutical Company, Inc. et al

Federal Civil Lawsuit New Hampshire District Court, Case No. 1:08-cv-00358
District Judge Joseph N. Laplante, presiding
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District Judge Joseph N. Laplante
Last Updated October 10, 2016 at 5:01 AM EDT (8.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Gregory S. Bartlett, Plaintiff

Represented by Law Office of Keith M. Jensen

Represented by Nixon Raiche Vogelman Barry & Slawsky PA

Name Phone Fax E-Mail
TERMINATED: 10/22/2008 Leslie C. Nixon +1 603 669 7070 lcnixon@yahoo.com

Represented by Shaheen & Gordon

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Timothy P. Beaupre +1 603 749 5000 tbeaupre@shaheengordon.com
ATTORNEY TO BE NOTICED Christine M. Craig +1 603 749 5000 +1 603 749 1838 ccraig@shaheengordon.com
TERMINATED: 11/25/2008 D. Michael Noonan +1 603 749 5000 +1 603 749 1838 mnoonan@shaheengordon.com
No Logo Karen L. Bartlett, Plaintiff

Represented by Law Office of Keith M. Jensen

Represented by Nixon Raiche Vogelman Barry & Slawsky PA

Name Phone Fax E-Mail
TERMINATED: 10/22/2008 Leslie C. Nixon +1 603 669 7070 lcnixon@yahoo.com

Represented by Shaheen & Gordon

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Timothy P. Beaupre +1 603 749 5000 tbeaupre@shaheengordon.com
ATTORNEY TO BE NOTICED Christine M. Craig +1 603 749 5000 +1 603 749 1838 ccraig@shaheengordon.com
TERMINATED: 11/25/2008 D. Michael Noonan +1 603 749 5000 +1 603 749 1838 mnoonan@shaheengordon.com
v.
No Logo Brooks Pharmacy, Defendant

Represented by Boyle, Morrissey & Campo, PC

Name Phone Fax E-Mail
TERMINATED: 10/07/2008, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mark W. Shaughnessy +1 617 451 2000 +1 617 451 5775 mshaughnessy@bsctrialattorneys.com

Represented by Ulmer & Berne, LLP

Represented by Wadleigh Starr & Peters PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED John E. Friberg +1 603 669 4140 jfriberg@wadleighlaw.com
No Logo Mutual Pharmaceutical Company Inc., Defendant

Represented by Ulmer & Berne, LLP

Represented by Wadleigh Starr & Peters PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Pierre A,. Chabot +1 603 206 7204 pchabot@wadleighlaw.com
TERMINATED: 08/18/2009, LEAD ATTORNEY, ATTORNEY TO BE NOTICED John E. Friberg +1 603 669 4140 jfriberg@wadleighlaw.com
ATTORNEY TO BE NOTICED Stephen J. Judge +1 603 669 4140 +2712 271 271 2110 sjudge@wadleighlaw.com
TERMINATED: 08/18/2009, LEAD ATTORNEY Marc R. Scheer +1 603 669 4140 mscheer@wadleighlaw.com
No Logo United Research Laboratories, Inc., Defendant

Represented by Ulmer & Berne, LLP

Represented by Wadleigh Starr & Peters PLLC

Name Phone Fax E-Mail
TERMINATED: 08/18/2009, LEAD ATTORNEY, ATTORNEY TO BE NOTICED John E. Friberg +1 603 669 4140 jfriberg@wadleighlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Stephen J. Judge +1 603 669 4140 +2712 271 271 2110 sjudge@wadleighlaw.com
TERMINATED: 08/18/2009, LEAD ATTORNEY Marc R. Scheer +1 603 669 4140 mscheer@wadleighlaw.com
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 365 - Personal Injury: Product Liability
Timeline
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Legal Document (Payment Possibly Required) 489 Filed: 5/3/2012, Entered: 5/3/2012 Judgment*
USCA JUDGMENT as to [402] Notice of Appeal filed by Mutual Pharmaceutical Company, Inc. Judgment of the district court is affirmed.(dae)
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Legal Document (Payment Possibly Required) 488 Filed: 5/3/2012, Entered: 5/3/2012 Order/Opinion
ORDER/OPINION of USCA as to [402] Notice of Appeal filed by Mutual Pharmaceutical Company, Inc. Affirmed. (dae)
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Legal Document (Payment Possibly Required) 487 Filed: 6/7/2011, Entered: 6/7/2011 Clerks Supplemental Certificate
Clerk's Supplemental Certificate transmitted to US Court of Appeals re [463] Amended Notice of Appeal with documents numbered 482, 485, 486. (dae)
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Legal Document (Payment Possibly Required) 486 Filed: 6/6/2011, Entered: 6/7/2011 Addendum
Addendum/CD containing transcript of Dohlman testimony re: [485] Response to Order by Karen L. Bartlett. CD maintained conventionally in Clerks Office. (dae)
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Legal Document (Payment Possibly Required) 485 Filed: 6/3/2011, Entered: 6/3/2011 Response - not to Motion
RESPONSE re [480] Order,, Set Deadlines, filed by Karen L. Bartlett. Certain exhibit(s) maintained conventionally in Clerks Office. (Craig, Christine)
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Legal Document (Payment Possibly Required) 484 Filed: 6/3/2011, Entered: 6/3/2011 Clerks Supplemental Certificate
Clerk's Supplemental Certificate transmitted to US Court of Appeals re [463] Notice of Appeal Amended with document/CD numbered 483. (dae)
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Legal Document (Payment Possibly Required) 483 Filed: 6/1/2011, Entered: 6/3/2011 Response - not to Motion
RESPONSE to [480] Order as to Dohlman testimony filed by Mutual Pharmaceutical Company, Inc. CD containing video file of Dr. Claes Dohlman maintained conventionally in Clerks Office. (dae)
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Legal Document (Payment Possibly Required) 482 Filed: 5/31/2011, Entered: 5/31/2011 ~Notice (other)
NOTICE of Conventional Filing of CD containing a video file of testimony of Dr. Claes Dohlman as played at trial by Mutual by Mutual Pharmaceutical Company, Inc.. (Maichl, Linda)
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Legal Document (Payment Possibly Required) 481 Filed: 5/24/2011, Entered: 5/24/2011 Clerks Supplemental Certificate
Clerk's Supplemental Certificate transmitted to US Court of Appeals re [463] Notice of Appeal Amended with documents numbered 474, 476, 477, 478 and endorsed order thereon, 479, 480 and Non-Electronic Documents - Copies of CD's pursuant to Order [477]. (dae)
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Legal Document (Payment Possibly Required) 480 Filed: 5/24/2011, Entered: 5/24/2011 OrderCourt Filing
ORDER. Audio recordings referenced in court's recent order [477] include full testimony of Kim and Dettery but only part of Dohlman. If either party has Dohlman's testimony as presented to the jury it shall provide copies by 5/31/11 or notify the court that it has no such files. (Notice of Compliance Deadline set for 5/31/2011.) So Ordered by Judge Joseph N. Laplante. (dae)
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Legal Document (Payment Possibly Required) 479 Filed: 5/20/2011, Entered: 5/20/2011 Response - to terminated motion
RESPONSE re [474] MOTION Completion of Trial Court Record with respect to certain witnesses as directed by the First Circuit filed by Karen L. Bartlett. (Attachments: # (1) Exhibit A Email Correspondence, # (2) Exhibit B Email Correspondence)(Craig, Christine)
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Legal Document (Payment Possibly Required) 478 Filed: 5/19/2011, Entered: 5/19/2011 Motion for Leave to File
MOTION for Leave to File Response to Motion to Complete Record filed by Karen L. Bartlett. Follow up on Objection on 6/6/2011. (Attachments: # (1) Memorandum of Law Ex 1 Response to Motion, # (2) Exhibit Ex 2 Attachment to Response, # (3) Exhibit Ex 3 Attachment to Response)(Craig, Christine)
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Legal Document (Payment Possibly Required) 477 Filed: 5/19/2011, Entered: 5/19/2011 Order on Motion for Miscellaneous ReliefCourt Filing
ORDER granting [474] Motion for Completion of Trial Court Record with respect to certain witnesses as directed by the First Circuit. So Ordered by Judge Joseph N. Laplante. (jb)
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Legal Document (Payment Possibly Required) 476 Filed: 5/13/2011, Entered: 5/13/2011 Addendum
Addendum/ to [474] MOTION Completion of Trial Court Record with respect to certain witnesses as directed by the First Circuit L.R. 7.1 Statement of Concurrence by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
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Legal Document (Payment Possibly Required) 475 Filed: 5/6/2011, Entered: 5/6/2011 Mandate
MANDATE of USCA as to [468] Notice of Cross Appeal, [473] Judgment, filed by Karen L. Bartlett. (dae)
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Legal Document (Payment Possibly Required) 474 Filed: 4/28/2011, Entered: 4/28/2011, Terminated: 5/19/2011 Motion for Miscellaneous Relief
MOTION Completion of Trial Court Record with respect to certain witnesses as directed by the First Circuit filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 5/16/2011. (Cosgrove, Paul)
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Legal Document (Payment Possibly Required) 473 Filed: 4/13/2011, Entered: 4/13/2011 Judgment*
USCA JUDGMENT as to [468] Notice of Cross Appeal, filed by Karen L. Bartlett. Case dismissed. (ko)
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Legal Document (Payment Possibly Required) 472 Filed: 4/13/2011, Entered: 4/13/2011 Order/Opinion
ORDER of USCA as to [468] Notice of Cross Appeal, filed by Karen L. Bartlett. Motion to dismiss is granted, and the cross-appeal, No. 11-1178, is dismissed. (ko)
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Legal Document (Payment Possibly Required) 471 Filed: 3/15/2011, Entered: 3/15/2011 Clerks Supplemental Certificate
Clerk's Supplemental Certificate transmitted to US Court of Appeals re [468] Notice of Cross Appeal with document: Notice - No Exhibit Designation Filed. (dae)
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Legal Document (Payment Possibly Required) 470 Filed: 2/17/2011, Entered: 2/17/2011 Clerks Certificate
Clerk's Certificate transmitting Record on Appeal to US Court of Appeals, documents numbered 243, 329, Endorsed Order 9/2/10, 387, 469, re [468] Notice of Cross Appeal. A copy of the Notice of Appeal mailed to all parties this date. (dae)
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Legal Document (Payment Possibly Required) 469 Filed: 2/17/2011, Entered: 2/17/2011 Appeal Cover Sheet
Appeal Cover Sheet as to [468] Notice of Cross Appeal, filed by Karen L. Bartlett (dae)
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Legal Document (Payment Possibly Required) 468 Filed: 2/9/2011, Entered: 2/9/2011, Terminated: 4/13/2011 Notice of cross-appeal
NOTICE OF CROSS APPEAL by Karen L. Bartlett. (Filing fee $ 455, receipt number 0102-709996.) [NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the Forms & Notices section of the First Circuit website at www.ca1.uscourts.gov, MUST be completed and submitted to the U.S. Court of Appeals for the First Circuit.] Designation of Exhibits Deadline set for 3/14/2011. (Roberson, Eric)
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Legal Document (Payment Possibly Required) 467 Filed: 2/3/2011, Entered: 2/8/2011 Redacted Transcript
REDACTED copy of [457] Transcript Proceedings for Jury Selection Afternoon Session - Day 1 held on August 16, 2010. This redacted transcript is available at the clerk's office for viewing but may not be copied for 90 days from the date the original transcript was filed. CCA Notification: [402] Notice of Appeal. (ko)
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Legal Document (Payment Possibly Required) 466 Filed: 2/3/2011, Entered: 2/8/2011 Redacted Transcript
REDACTED copy of [456] Transcript Proceedings for Jury Selection Morning Session, Day 1 held on August 16, 2010. This redacted transcript is available at the clerk's office for viewing but may not be copied for 90 days from the date the original transcript was filed. CCA Notification: Notice of Appeal [402] (ko)
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Legal Document (Payment Possibly Required) 465 Filed: 1/27/2011, Entered: 1/27/2011 OrderCourt Filing
ORDER re: Jury Selection Transcripts [457] and [456]. Transcripts to be redacted as outlined. Originals to be sealed Level I. Court reporter to prepare redacted transcript. So Ordered by Judge Joseph N. Laplante. (dae)
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Legal Document (Payment Possibly Required) 464 Filed: 1/27/2011, Entered: 1/27/2011 Clerks Supplemental Certificate
Clerk's Supplemental Certificate transmitted to US Court of Appeals re [402] Notice of Appeal, [463] Amended Notice of Appeal with documents numbered 463, 4664. (dae)
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Legal Document (Payment Possibly Required) 463 Filed: 1/26/2011, Entered: 1/26/2011 Notice of Appeal Amended
Amended NOTICE OF APPEAL, as to [272] Order, Order, [320] Order on Motion to Bifurcate, Order on Motion for Miscellaneous Relief, [284] Order on Motion for Reconsideration, [290] Order on Motion in Limine, [321] Order, [442] Order on Motion for New Trial, Order on Motion for Judgment as a Matter of Law, Order on Motion for Mistrial, Order on Motion to Exclude, [336] Order on Motion for Reconsideration, [354] Order, [275] Order on Motion for Miscellaneous Relief, Order on Motion to Clarify,,, Order on Motion for Miscellaneous Relief, [271] Order on Motion to Exclude, [352] Order, [389] Judgment,,, [366] Order, [278] Order,,, Order on Motion for Miscellaneous Relief, [125] Order, Order,, Order on Motion for Miscellaneous Relief, [335] Order on Motion in Limine, [329] Order, Order on Motion in Limine, [281] Order, [269] Order on Motion to Exclude, [340] Order, [85] Order on Motion to Dismiss, [251] Order on Motion to Strike, [243] Order on Motion for Summary Judgment,,,,,,,,,,,,,, Order on Motion for Miscellaneous Relief by Mutual Pharmaceutical Company, Inc., amended adding Doc. 442 to the Notice of Appeal. Designation of Exhibits Deadline set for 2/28/2011. (Maichl, Linda)
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Legal Document (Payment Possibly Required) 462 Filed: 1/14/2011, Entered: 1/19/2011 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Day 16 held on September 7, 2010. Court Reporter: Diane Churas, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (ko)
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Legal Document (Payment Possibly Required) 461 Filed: 1/14/2011, Entered: 1/19/2011 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Day 15 held on September 3, 2010. Court Reporter: Diane Churas, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (ko)
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Legal Document (Payment Possibly Required) 460 Filed: 1/14/2011, Entered: 1/19/2011 Transcript
TRANSCRIPT of Proceedings for Jury Trial Afternoon Session, Day 14 held on September 2, 2010. Court Reporter: Diane Churas, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (ko)
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Legal Document (Payment Possibly Required) 459 Filed: 1/14/2011, Entered: 1/19/2011 Transcript
TRANSCRIPT of Proceedings for Jury Trial Morning Session - Day 13 held on September 1, 2010. Court Reporter: Diane Churas, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (ko)
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Legal Document (Payment Possibly Required) 458 Filed: 1/14/2011, Entered: 1/19/2011 Transcript
TRANSCRIPT of Proceedings for Jury Trial Afternoon Session, Day 12 held on August 31, 2010. Court Reporter: Diane Churas, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (ko)
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Legal Document (Payment Possibly Required) 457 Filed: 1/14/2011, Entered: 1/19/2011 Transcript
TRANSCRIPT of Proceedings for Jury Selection Afternoon Session - Day 1 held on August 16, 2010. Court Reporter: Diane Churas, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (ko)
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Legal Document (Payment Possibly Required) 456 Filed: 1/14/2011, Entered: 1/19/2011 Transcript
TRANSCRIPT of Proceedings for Jury Selection Morning Session, Day 1 held on August 16, 2010. Court Reporter: Sandra L. Bailey, Telephone # 603 225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (ko)
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Legal Document (Payment Possibly Required) 455 Filed: 1/14/2011, Entered: 1/16/2011 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Day 10, Afternoon Session held on August 27, 2010. Court Reporter: Diane Churas, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
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Legal Document (Payment Possibly Required) 454 Filed: 1/14/2011, Entered: 1/16/2011 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Day 9, Morning Session held on August 26, 2010. Court Reporter: Diane Churas, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
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Legal Document (Payment Possibly Required) 453 Filed: 1/14/2011, Entered: 1/16/2011 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Day 7, Afternoon Session held on August 24, 2010. Court Reporter: Diane Churas, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
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Legal Document (Payment Possibly Required) 452 Filed: 1/14/2011, Entered: 1/16/2011 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Day 6, Morning Session held on August 23, 2010. Court Reporter: Diane Churas, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
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Legal Document (Payment Possibly Required) 451 Filed: 1/14/2011, Entered: 1/16/2011 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Day 4, Afternoon Session held on August 19, 2010. Court Reporter: Diane Churas, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
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Legal Document (Payment Possibly Required) 450 Filed: 1/14/2011, Entered: 1/16/2011 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Day 3, Morning Session held on August 18, 2010. Court Reporter: Diane Churas, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
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Legal Document (Payment Possibly Required) 449 Filed: 1/14/2011, Entered: 1/16/2011 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Day 10, Morning Session held on August 27, 2010. Court Reporter: Sandra Bailey, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
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Legal Document (Payment Possibly Required) 448 Filed: 1/14/2011, Entered: 1/16/2011 Transcript
TRANSCRIPT of Proceedings for Jury trial, Day 8, Afternoon Session held on August 25, 2010. Court Reporter: Sandra Bailey, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
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Legal Document (Payment Possibly Required) 447 Filed: 1/14/2011, Entered: 1/16/2011 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Day 7, Morning Session held on August 24, 2010. Court Reporter: Sandra Bailey, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
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Legal Document (Payment Possibly Required) 446 Filed: 1/14/2011, Entered: 1/16/2011 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Day 5, Afternoon Session held on August 20, 2010. Court Reporter: Sandra Bailey, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
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Legal Document (Payment Possibly Required) 445 Filed: 1/14/2011, Entered: 1/16/2011 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Day 4, Morning Session held on August 19, 2010. Court Reporter: Sandra Bailey, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
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Legal Document (Payment Possibly Required) 444 Filed: 1/14/2011, Entered: 1/16/2011 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Day 2, Afternoon Session held on August 17, 2010. Court Reporter: Sandra Bailey, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/7/2011. Redacted Transcript Follow Up 2/17/2011. Release of Transcript Restriction set for 4/14/2011. (dae)
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Legal Document (Payment Possibly Required) 443 Filed: 1/13/2011, Entered: 1/13/2011 Clerks Supplemental Certificate
Clerk's Supplemental Certificate transmitted to US Court of Appeals re [402] Notice of Appeal with document numbered 442. (dae)
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Legal Document (Payment Possibly Required) 442 Filed: 1/5/2011, Entered: 1/5/2011 Order on Motion for New TrialCourt Filing
ORDER denying [394] Motion for New Trial; denying [395] Motion for Judgment as a Matter of Law. So Ordered by Judge Joseph N. Laplante. (jb)
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Legal Document (Payment Possibly Required) 441 Filed: 12/20/2010, Entered: 12/22/2010 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Court Questions jurors on the record held on September 8, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
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Legal Document (Payment Possibly Required) 440 Filed: 12/20/2010, Entered: 12/22/2010 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Juror matter held on September 7, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
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Legal Document (Payment Possibly Required) 439 Filed: 12/20/2010, Entered: 12/22/2010 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Morning Session held on September 2, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
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Legal Document (Payment Possibly Required) 438 Filed: 12/20/2010, Entered: 12/22/2010 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Afternoon Session held on September 1, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
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Legal Document (Payment Possibly Required) 437 Filed: 12/20/2010, Entered: 12/22/2010 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Morning Session held on August 31, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
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Legal Document (Payment Possibly Required) 436 Filed: 12/20/2010, Entered: 12/22/2010 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Afternoon Session, No Jury Present held on August 30, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
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Legal Document (Payment Possibly Required) 435 Filed: 12/20/2010, Entered: 12/22/2010 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Afternoon Session held on August 26, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
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Legal Document (Payment Possibly Required) 434 Filed: 12/20/2010, Entered: 12/22/2010 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Morning Session held on August 25, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
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Legal Document (Payment Possibly Required) 433 Filed: 12/20/2010, Entered: 12/22/2010 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Afternoon Session held on August 23, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
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Legal Document (Payment Possibly Required) 432 Filed: 12/20/2010, Entered: 12/22/2010 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Morning Session held on August 20, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
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Legal Document (Payment Possibly Required) 431 Filed: 12/20/2010, Entered: 12/22/2010 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Afternoon Session held on August 18, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
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Legal Document (Payment Possibly Required) 430 Filed: 12/20/2010, Entered: 12/22/2010 Transcript
TRANSCRIPT of Proceedings for Jury Trial, Morning Session held on August 17, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/13/2011. Redacted Transcript Follow Up 1/24/2011. Release of Transcript Restriction set for 3/21/2011. (dae)
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Legal Document (Payment Possibly Required) 429 Filed: 12/21/2010, Entered: 12/21/2010 Surreply to Reply
SURREPLY to Reply to [394] MOTION for New Trial (per leave of Court) filed by Karen L. Bartlett. (Attachments: # (1) Exhibit A - Roberson Declaration, # (2) Exhibit B - Gonzalez Declaration with attached Ex. B-1)(Roberson, Eric) (Additional attachment(s) added on 12/23/2010: # (3) /s/ Roberson version, # (4) /s/ Gonzalez version) (dae).
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Legal Document (Payment Possibly Required) 428 Filed: 12/17/2010, Entered: 12/17/2010 ~Notice (other)
NOTICE of U.S. Supreme Court's grant of writs of certiorari in Mensing and Demahy by Mutual Pharmaceutical Company, Inc.. (Attachments: # (1) Exhibit -Supreme Court Order List)(Maichl, Linda)
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Legal Document (Payment Possibly Required) 427 Filed: 12/16/2010, Entered: 12/16/2010 Surreply to Reply
SURREPLY to Reply to [395] MOTION for Judgment as a Matter of Law filed by Karen L. Bartlett. (Roberson, Eric)
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Legal Document (Payment Possibly Required) 426 Filed: 12/2/2010, Entered: 12/2/2010 Order/Opinion
ORDER of USCA as to [402] Notice of Appeal filed by Mutual Pharmaceutical Company, Inc. Appeal does not become effective until district court disposes of the post-judgment motions. Appellant to file status reports as outlined. Once district court rules on motions it is directed to forward its decision(s) to this court forthwith. (dae)
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Legal Document (Payment Possibly Required) 425 Filed: 11/29/2010, Entered: 11/30/2010 Motion for Leave to File
MOTION for Leave to File Surreply to Motion for New Trial filed by Karen L. Bartlett. Follow up on Objection on 12/16/2010. (Attachments: # (1) Surreply Brief, # (2) Exhibit (Affidavit) Declaration of Attorney Roberson, # (3) Exhibit (Affidavit) Declaration of Xavier Gonzalez, # (4) Exhibit Declaration Exhibit e-Mail of Beau Simpson)(Roberson, Eric)
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Legal Document (Payment Possibly Required) 424 Filed: 11/29/2010, Entered: 11/29/2010 Clerks Supplemental Certificate
Clerk's Supplemental Certificate transmitted to US Court of Appeals re [402] Notice of Appeal with documents numbered 422. (dae)
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Legal Document (Payment Possibly Required) 423 Filed: 11/26/2010, Entered: 11/27/2010 Motion for Leave to File
MOTION for Leave to File Surreply Brief on Defendant's Motion for Judgment as a Matter of Law filed by Karen L. Bartlett. Follow up on Objection on 12/13/2010. (Attachments: # (1) Surreply Brief)(Roberson, Eric)
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Legal Document (Payment Possibly Required) 422 Filed: 11/23/2010, Entered: 11/23/2010 Designation of Exhibits
DESIGNATION of Exhibits by Karen L. Bartlett re [402] Notice of Appeal,,, (Attachments: # (1) Appendix List of Designated Exhibits)(Roberson, Eric)
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Legal Document (Payment Possibly Required) 421 Filed: 11/23/2010, Entered: 11/23/2010 Amended Document
AMENDED DOCUMENT by Mutual Pharmaceutical Company, Inc.. Amendment to [414] Reply to Objection to Motion, Exhibit B Postmarketing Drug Safety Evaluations (Cosgrove, Paul)
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Legal Document (Payment Possibly Required) 420 Filed: 11/18/2010, Entered: 11/18/2010 Intent to Surreply
Notice of Intent to Surreply to Reply to [394] MOTION for New Trial. Surreply Follow Up on 12/6/2010. (Roberson, Eric)
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Legal Document (Payment Possibly Required) 419 Filed: 11/18/2010, Entered: 11/18/2010 Clerks Supplemental Certificate
Clerk's Supplemental Certificate transmitted to US Court of Appeals re [402] Notice of Appeal with document numbered 415. (dae)
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Legal Document (Payment Possibly Required) 418 Filed: 11/12/2010, Entered: 11/12/2010 Reply to Objection to Motion
REPLY to Objection to Motion re [394] MOTION for New Trial filed by Mutual Pharmaceutical Company, Inc.. (Attachments: # (1) Exhibit (Affidavit) Ex. A: Affidavit of Hahn)(Cosgrove, Paul)
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Legal Document (Payment Possibly Required) 417 Filed: 11/12/2010, Entered: 11/12/2010 Motion to Exceed
MOTION to Exceed Page Limit of Reply Memorandum In Further Support of Motion for a New Trial filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 11/29/2010. (Cosgrove, Paul)
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Legal Document (Payment Possibly Required) 416 Filed: 11/11/2010, Entered: 11/11/2010 Intent to Surreply
Notice of Intent to Surreply to Reply to [395] MOTION for Judgment as a Matter of Law (Intent to File Motion for Leave). Surreply Follow Up on 11/29/2010. (Roberson, Eric)
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Legal Document (Payment Possibly Required) 415 Filed: 11/9/2010, Entered: 11/9/2010 Miscellaneous FilingCourt Filing
Exhibit Designation Pursuant to Local Rule 83.13(d) by Mutual Pharmaceutical Company, Inc. (Judge, Stephen)
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Legal Document (Payment Possibly Required) 414 Filed: 11/8/2010, Entered: 11/8/2010 Reply to Objection to Motion
REPLY to Objection to Motion re [395] MOTION for Judgment as a Matter of Law filed by Mutual Pharmaceutical Company, Inc.. (Attachments: # (1) Exhibit Ex. A: FDA AERs Caveats, # (2) Exhibit Ex. B: FDA Postmarketing Drug Safety Evaluations, # (3) Exhibit Ex. C: US Mensing Brief)(Cosgrove, Paul) Modified on 11/23/2010 to add: See Amended Exhibit B at Doc. [421]. (dae).
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Legal Document (Payment Possibly Required) 413 Filed: 11/8/2010, Entered: 11/8/2010 Motion to Exceed
MOTION to Exceed Page Limit of reply memorandum in further support of motion for judgment as a matter of law filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 11/26/2010. (Cosgrove, Paul)
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Legal Document (Payment Possibly Required) 412 Filed: 10/28/2010, Entered: 10/28/2010 Clerks Certificate
Clerk's Certificate transmitting abbreviated Record on Appeal to US Court of Appeals, documents: 85, 125, Orders of 3/5/10, 243, 251, 269, 271, 272, 275, 278, 281, 284, 290, 320, 321, 329, 335, 336, 340, Orders of 8/16/10, 352, Orders of 8/17/10, 354, Order of 8/23/10, Order of 8/24/10, 366, Orders of 8/26/10, Orders of 8/31/10, Order of 9/2/10, 381, 389, 402, 410, 412, re [402] Notice of Appeal. (dae)
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Legal Document (Payment Possibly Required) 411 Filed: 10/27/2010, Entered: 10/27/2010 Clerks Certificate
FILED IN ERROR, to be Redocketed. Clerk's Certificate transmitting Record on Appeal to US Court of Appeals, documents numbered 1 - 410, re [402] Notice of Appeal. A copy of the Notice of Appeal mailed to all parties this date. (dae) Modified on 10/27/2010 to add: FILED IN ERROR, to be Redocketed.(dae).
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Legal Document (Payment Possibly Required) 410 Filed: 10/27/2010, Entered: 10/27/2010 Appeal Cover Sheet
Appeal Cover Sheet as to [402] Notice of Appeal filed by Mutual Pharmaceutical Company, Inc. (dae)
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Legal Document (Payment Possibly Required) 409 Filed: 10/25/2010, Entered: 10/25/2010 Objection to Motion
OBJECTION to [394] MOTION for New Trial filed by Karen L. Bartlett. (Attachments: # (1) Exhibit (Affidavit) Declaration of Eric Roberson)(Roberson, Eric) (Additional attachment(s) added on 10/26/2010: # (2) /s/ signed affidavit) (dae).
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Legal Document (Payment Possibly Required) 408 Filed: 10/25/2010, Entered: 10/25/2010 Motion to Exceed
MOTION to Exceed Page Limits in Response Brief filed by Karen L. Bartlett. Follow up on Objection on 11/12/2010. (Roberson, Eric)
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Legal Document (Payment Possibly Required) 407 Filed: 10/25/2010, Entered: 10/25/2010 Notice of Intent to Reply
Notice of Intent to Reply to Objection to [395] MOTION for Judgment as a Matter of Law. Follow up on Reply on 11/12/2010. (Cosgrove, Paul)
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Legal Document (Payment Possibly Required) 406 Filed: 10/22/2010, Entered: 10/22/2010 Order on Motion to StayCourt Filing
ORDER granting [391] Motion to Stay; granting [399] Motion to Stay Any Proceedings to Enforce Judgment Pending Post-Trial Motions and Appeal. The execution of this court's judgment and any proceedings to enforce it are STAYED pending the disposition of Mutual's post-trial motions and any subsequent appeal. Mutual shall notify this court and Bartlett immediately if any representations upon which the stay is based (including but not limited to any representations about the financial strength of Mutual's insurers) becomes incorrect or incomplete. So Ordered by Judge Joseph N. Laplante. (jb)
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Legal Document (Payment Possibly Required) 405 Filed: 10/21/2010, Entered: 10/21/2010 Objection to Motion
OBJECTION to [395] MOTION for Judgment as a Matter of Law filed by Karen L. Bartlett. (Attachments: # (1) Appendix A - Limited List of Reliance Documents)(Roberson, Eric)
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Legal Document (Payment Possibly Required) 404 Filed: 10/21/2010, Entered: 10/21/2010 Reply to Objection to Motion
REPLY to Objection to Motion re [399] MOTION Emergency Motion and Notice of Evidentiary Submission Pursuant to Court's October 1, 2010 Summary Order [Doc. 393] for Approval of Alternative Security in Lieu of Supersedeas Bond MOTION Emergency Motion and Notice of Evidentiary Submission Pursuant to Court's October 1, 2010 Summary Order [Doc. 393] for Approval of Alternative Security in Lieu of Supersedeas Bond MOTION Emergency Motion and Notice of Evidentiary Submission Pursuant to Court's October 1, 2010 Summary Order [Doc. 393] for Approval of Alternative Security in Lieu of Supersedeas Bond filed by Mutual Pharmaceutical Company, Inc.. (Attachments: # (1) Exhibit (Affidavit) Ex. A (1) Medmarc/Noetic Declaration Confirming Availability of Insurance Proceeds, # (2) Exhibit (Affidavit) Ex. A (2) Medmarc/Noetic Declaration Confirming Availability of Insurance Proceeds, # (3) Exhibit (Affidavit) Ex. B Lexington Insurance Declaration Confirming Availability of Insurance Proceeds, # (4) Exhibit (Affidavit) Ex. C Chubb Declaration Confirming Availability of Insurance Proceeds)(Cosgrove, Paul)
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Legal Document (Payment Possibly Required) 403 Filed: 10/21/2010, Entered: 10/21/2010 Motion to Exceed
MOTION to Exceed Page Limit On Objection to Defendant's Motion For Judgment As A Matter Of Law filed by Karen L. Bartlett. Follow up on Objection on 11/8/2010. (Craig, Christine)
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Legal Document (Payment Possibly Required) 402 Filed: 10/20/2010, Entered: 10/20/2010 Notice of Appeal
NOTICE OF APPEAL by Mutual Pharmaceutical Company, Inc..( Filing fee $ 455, receipt number 0102-673976.) [NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the Forms & Notices section of the First Circuit website at www.ca1.uscourts.gov, MUST be completed and submitted to the U.S. Court of Appeals for the First Circuit.]NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/efiling.htm Designation of Exhibits Deadline set for 11/22/2010. (Cosgrove, Paul)
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Legal Document (Payment Possibly Required) 401 Filed: 10/19/2010, Entered: 10/19/2010 Motion for Extend Time
MOTION to Extend Time to Respond to Defendant's Motion for New Trial (Doc 394) filed by Karen L. Bartlett. Follow up on Objection on 11/5/2010. (Roberson, Eric)
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Legal Document (Payment Possibly Required) 400 Filed: 10/15/2010, Entered: 10/15/2010 Objection to Motion
OBJECTION to [399] MOTION Emergency Motion and Notice of Evidentiary Submission Pursuant to Court's October 1, 2010 Summary Order [Doc. 393] for Approval of Alternative Security in Lieu of Supersedeas Bond MOTION Emergency Motion and Notice of Evidentiary Submission Pursuant to Court's October 1, 2010 Summary Order [Doc. 393] for Approval of Alternative Security in Lieu of Supersedeas Bond MOTION Emergency Motion and Notice of Evidentiary Submission Pursuant to Court's October 1, 2010 Summary Order [Doc. 393] for Approval of Alternative Security in Lieu of Supersedeas Bond filed by Karen L. Bartlett. (Roberson, Eric)
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Legal Document (Payment Possibly Required) 399 Filed: 10/7/2010, Entered: 10/7/2010 Motion for Miscellaneous Relief
MOTION Emergency Motion and Notice of Evidentiary Submission Pursuant to Court's October 1, 2010 Summary Order [Doc. 393] for Approval of Alternative Security in Lieu of Supersedeas Bond filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 10/25/2010. (Attachments: # (1) Exhibit (Affidavit) Ex. A (1) Medmarc/Noetic Declaration Confirming Availability of Insurance Proceeds, # (2) Exhibit (Affidavit) Ex. A (2) Medmarc/Noetic Declaration Confirming Availability of Insurance Proceeds, # (3) Exhibit (Affidavit) Ex. B Lexington Insurance Declaration Confirming Availability of Insurance Proceeds, # (4) Exhibit (Affidavit) Ex. C Chubb Declaration Confirming Availability of Insurance Proceeds)(Cosgrove, Paul)
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Legal Document (Payment Possibly Required) 398 Filed: 10/5/2010, Entered: 10/5/2010 Amended Document
AMENDED DOCUMENT by Mutual Pharmaceutical Company, Inc.. Amendment to [396] Affidavit /Declaration of Joseph P. Thomas for Post-Trial Motions (Docs. 394, 395) (Cosgrove, Paul) Modified on 10/5/2010 to add relationship to Docs. [394] and [395]. (dae).
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Legal Document (Payment Possibly Required) 397 Filed: 10/5/2010, Entered: 10/5/2010 Exhibit
Exhibit A : Vautour Order to [395] MOTION for Judgment as a Matter of Law by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul)
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Legal Document (Payment Possibly Required) 396 Filed: 10/4/2010, Entered: 10/4/2010 Affidavit
REPLACED by [398]. AFFIDAVIT re [394] MOTION for New Trial, [395] MOTION for Judgment as a Matter of Law of Joseph P. Thomas filed by Mutual Pharmaceutical Company, Inc. (Cosgrove, Paul) Modified on 10/5/2010 to add: REPLACED by [398]. (dae).
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Legal Document (Payment Possibly Required) 395 Filed: 10/4/2010, Entered: 10/4/2010 Motion for Judgment as a Matter of Law
MOTION for Judgment as a Matter of Law filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 10/21/2010. (Attachments: # (1) Exhibit Ex. A Vautour Order, # (2) Exhibit Ex. B FDA Clinical Impact Doc., # (3) Exhibit Ex. C Mutual's Proposed Jury Instructions)(Cosgrove, Paul)
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Legal Document (Payment Possibly Required) 394 Filed: 10/4/2010, Entered: 10/4/2010, Terminated: 1/5/2011 Motion for New Trial
MOTION for New Trial filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 10/21/2010. (Attachments: # (1) Exhibit Ex. A)(Cosgrove, Paul)
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Legal Document (Payment Possibly Required) 393 Filed: 10/1/2010, Entered: 10/1/2010 Order on Motion to StayCourt Filing
ORDER temporarily granting on an interim basis [391] Motion to Stay Execution of this Court's Judgment. On or before 10/8/10 Mutual to show cause in writing for a further extension of the stay. So Ordered by Judge Joseph N. Laplante. (dae)
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Legal Document (Payment Possibly Required) 392 Filed: 10/1/2010, Entered: 10/1/2010 Objection to Motion
OBJECTION to [391] Emergency MOTION to Stay Any Proceedings to Enforce Judgment Pending Post-Trial Motions and Appeal and Brief filed by Karen L. Bartlett. (Roberson, Eric)
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Legal Document (Payment Possibly Required) 391 Filed: 9/24/2010, Entered: 9/24/2010, Terminated: 10/1/2010 Motion to Stay
Emergency MOTION to Stay Any Proceedings to Enforce Judgment Pending Post-Trial Motions and Appeal filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 10/12/2010. (Cosgrove, Paul)
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Legal Document (Payment Possibly Required) 390 Filed: 9/20/2010, Entered: None
REPLY to Objection to Motion re 386 MOTION for Judgment on the Verdict as to Remaining Items Related to the Application for Writ of Execution filed by Karen L. Bartlett. (Roberson, Eric) (Entered: 09/20/2010)
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Blank 389 Filed: 9/20/2010, Entered: None Court Filing
JUDGMENT is hereby entered in accordance with the following: 24 Pretrial Order dismissing claims, Endorsed Order on Motion to Dismiss Gregory Bartlett, Endorsed Order on Motion to Dismiss claims against United Research Laboratories and Claims for Breach of Express and Implied Warrant Against Mutual Pharmaceutical Company, Inc., 243 Order on Motion for Summary Judgment, 284 Order on Motion for Reconsideration, 329 Order, 336 Order on Motion for Reconsideration, 340 Order, 381 Jury Verdict, 387 Order, plus pre-judgment interest pursuant to NH Rev Stat as outlined and post-judgment interest thereon pursuant to 28 USC 1961. Signed by Chief Deputy Clerk Daniel J. Lynch, Approved by US District Judge Joseph N. Laplante. (Case Closed) (dae) (Entered: 09/20/2010)
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Legal Document (Payment Possibly Required) 388 Filed: 9/17/2010, Entered: None Court Filing
OBJECTION to 386 MOTION for Judgment on the Verdict filed by Mutual Pharmaceutical Company, Inc.. (Judge, Stephen) (Entered: 09/17/2010)
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Legal Document (Payment Possibly Required) 387 Filed: 9/14/2010, Entered: None Court Filing
///ORDER: Mutual is granted judgment as a matter of law on Bartlett's claims for negligence and enhanced compensatory damages. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 09/14/2010)
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Legal Document (Payment Possibly Required) 386 Filed: 9/10/2010, Entered: None
MOTION for Judgment on the Verdict filed by Karen L. Bartlett. Follow up on Objection on 9/27/2010. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order Exhibit "A" to Memorandum)(Roberson, Eric) (Entered: 09/10/2010)
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Legal Document (Payment Possibly Required) 385 Filed: 9/9/2010, Entered: None
TRANSCRIPT of Proceedings for Jury Verdict held on September 8, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 10/4/2010. Redacted Transcript Follow Up 10/15/2010. Release of Transcript Restriction set for 12/9/2010. (dae) (Entered: 09/10/2010)
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Legal Document (Payment Possibly Required) 384 Filed: 9/8/2010, Entered: None
Court Exhibit List. (dae) (Entered: 09/10/2010)
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Legal Document (Payment Possibly Required) 383 Filed: 9/8/2010, Entered: None
Exhibit List by Mutual Pharmaceutical Company, Inc. (dae) (Entered: 09/10/2010)
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Legal Document (Payment Possibly Required) 382 Filed: 9/8/2010, Entered: None
Exhibit List by Karen L. Bartlett. (dae) (Entered: 09/10/2010)
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Blank 381 Filed: 9/8/2010, Entered: None
JURY VERDICT. (cmp) (Entered: 09/10/2010)
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Legal Document (Payment Possibly Required) 380 Filed: 9/3/2010, Entered: None
Jury Question No. 2 with Court's responses. (dae) (Entered: 09/09/2010)
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Legal Document (Payment Possibly Required) 379 Filed: 9/3/2010, Entered: None
Jury Question No. 1 with court's responses. (dae) (Entered: 09/09/2010)
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Legal Document (Payment Possibly Required) 378 Filed: 9/2/2010, Entered: None
Court's Instructions to Jury. (dae) (Entered: 09/03/2010)
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Legal Document (Payment Possibly Required) 377 Filed: 9/1/2010, Entered: None
Proposed Jury Instructions for a "Missing Witness" Instruction and a "Lack of Privity Requirement" Instruction by Karen L. Bartlett. (Roberson, Eric) (Entered: 09/01/2010)
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Legal Document (Payment Possibly Required) 376 Filed: 8/31/2010, Entered: None
OBJECTION to 372 MOTION Related to Exhibit 1414 filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 08/31/2010)
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Legal Document (Payment Possibly Required) 375 Filed: 8/31/2010, Entered: None
OBJECTION to 370 MOTION To Admit Exhibit 1009 filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 08/31/2010)
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Legal Document (Payment Possibly Required) 374 Filed: 8/31/2010, Entered: None
OBJECTION to 369 MOTION for the Court to Take Judicial Notice of NCHS Life Expectancy Chart filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 08/31/2010)
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Legal Document (Payment Possibly Required) 373 Filed: 8/30/2010, Entered: None
MOTION for MIscellaneous Relief filed by Karen L. Bartlett. Follow up on Objection on 9/16/2010. (Roberson, Eric) (Entered: 08/30/2010)
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Legal Document (Payment Possibly Required) 372 Filed: 8/30/2010, Entered: None
MOTION Related to Exhibit 1414 filed by Karen L. Bartlett. Follow up on Objection on 9/16/2010. (Attachments: # 1 Exhibit 1414 - Mutual CP (Redacted and Highlighted for Motion only))(Roberson, Eric) (Entered: 08/30/2010)
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Legal Document (Payment Possibly Required) 371 Filed: 8/30/2010, Entered: None
MOTION Regarding Use of Pharmacia Report (Ex. 199 ID) filed by Karen L. Bartlett. Follow up on Objection on 9/16/2010. (Attachments: # 1 Exhibit A - Expert Report of Dr. Robert Stern, # 2 Exhibit B - Supplemental Expert Report of Dr. Robert Stern, # 3 Exhibit C - 2/15/2010 Deposition of Dr. Robert Stern)(Roberson, Eric) (Entered: 08/30/2010)
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Legal Document (Payment Possibly Required) 370 Filed: 8/29/2010, Entered: None
MOTION To Admit Exhibit 1009 filed by Karen L. Bartlett. Follow up on Objection on 9/16/2010. (Roberson, Eric) (Entered: 08/29/2010)
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Legal Document (Payment Possibly Required) 369 Filed: 8/29/2010, Entered: None
MOTION for the Court to Take Judicial Notice of NCHS Life Expectancy Chart filed by Karen L. Bartlett. Follow up on Objection on 9/16/2010. (Attachments: # 1 Exhibit A - NCHS Life Expectancy Table)(Roberson, Eric) (Entered: 08/29/2010)
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Legal Document (Payment Possibly Required) 368 Filed: 8/26/2010, Entered: None
MOTION Take Judicial Notice filed by Karen L. Bartlett. Follow up on Objection on 9/13/2010. (Roberson, Eric) (Entered: 08/26/2010)
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Legal Document (Payment Possibly Required) 367 Filed: 8/25/2010, Entered: None Court Filing
MOTION to Exclude Unduly cumulative testimony from Barbara Mourikas, Gregory Bartlett and Others filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 9/13/2010. (Judge, Stephen) (Entered: 08/25/2010)
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Legal Document (Payment Possibly Required) 366 Filed: 8/24/2010, Entered: None Court Filing
SUMMARY ORDER re deposition testimony of Dr. Joel Stein. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 08/24/2010)
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Legal Document (Payment Possibly Required) 365 Filed: 8/24/2010, Entered: None Court Filing
SUMMARY ORDER re deposition testimony of Rebecca Padulo. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 08/24/2010)
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Legal Document (Payment Possibly Required) 364 Filed: 8/22/2010, Entered: None
Proposed Jury Instructions - - Limiting Instruction on Medication Guide as Directed by Court - - by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 08/22/2010)
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Legal Document (Payment Possibly Required) 363 Filed: 8/22/2010, Entered: None
MOTION to Admit All Produced Medical Bills and to Permit Carol Hyland to Testify Regarding Same on 8/23/10, Notice and Motion Regarding Dr. Ergin filed by Karen L. Bartlett. Follow up on Objection on 9/10/2010. (Attachments: # 1 Exhibit Summary of Voluminous Medical Billing Records)(Jensen, Keith) (Entered: 08/22/2010)
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Legal Document (Payment Possibly Required) 362 Filed: 8/22/2010, Entered: None
MOTION for Miscellaneous Evidentiary Relief filed by Karen L. Bartlett. Follow up on Objection on 9/10/2010. (Attachments: # 1 Exhibit, # 2 Exhibit FDA Decision Memo, # 3 Exhibit Stern Final Report to Pharmacia, # 4 Exhibit Stern JAMA Incidence Rates, # 5 Exhibit Archives of Int Med Incidence Rates on SJS/TEN, # 6 Exhibit ISPE 2000 Presentation of Euroscar Data, # 7 Exhibit Mockenhaupt 2007/08 with on-line tables)(Jensen, Keith) (Entered: 08/22/2010)
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Legal Document (Payment Possibly Required) 361 Filed: 8/21/2010, Entered: None
NOTICE of Monday 8.23.10 Witnesses and Other Matters by Karen L. Bartlett. (Jensen, Keith) (Entered: 08/21/2010)
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Legal Document (Payment Possibly Required) 360 Filed: 8/20/2010, Entered: None
OBJECTION to 358 MOTION for Mistrial filed by Karen L. Bartlett. (Roberson, Eric) (Entered: 08/20/2010)
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Legal Document (Payment Possibly Required) 359 Filed: 8/19/2010, Entered: None
NOTICE of Filing of Deposition Excerpts by Karen L. Bartlett. (Attachments: # 1 Appendix A - Excerpts from Deposition of Randall Tackett)(Roberson, Eric) (Entered: 08/19/2010)
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Legal Document (Payment Possibly Required) 358 Filed: 8/19/2010, Entered: None
MOTION for Mistrial filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 9/7/2010. (Cosgrove, Paul) (Entered: 08/19/2010)
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Legal Document (Payment Possibly Required) 357 Filed: 8/19/2010, Entered: None
Emergency MOTION Alternative Motion for Leave to File Expert Report, Brief on Expert Report LAw and Proffer on Dr. Tackett filed by Karen L. Bartlett. Follow up on Objection on 9/7/2010. (Roberson, Eric) (Entered: 08/19/2010)
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Legal Document (Payment Possibly Required) 356 Filed: 8/19/2010, Entered: None
Emergency MOTION that Defendant's Opening Statement has Opened the Doors to All Risk Benefit Evidence filed by Karen L. Bartlett. Follow up on Objection on 9/7/2010. Certain exhibit(s) maintained conventionally in Clerks Office. (Attorney filers must submit conventional materials to the court within 72 hours.) (Roberson, Eric) (Entered: 08/19/2010)
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Legal Document (Payment Possibly Required) 355 Filed: 8/18/2010, Entered: None
NOTICE of Conditionally Assented to Jury Instructions entitled "Judicial Notice Re: FDA Labeling Requirements" by Karen L. Bartlett. (Attachments: # 1 Exhibit, # 2 Exhibit)(Jensen, Keith) (Entered: 08/18/2010)
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Legal Document (Payment Possibly Required) 354 Filed: 8/18/2010, Entered: None Court Filing
SUMMARY ORDER re deposition testimony of Andrea Werynski, Dettery, Dohlman, Kim. So Ordered by Judge Joseph N. Laplante. (dae) (Entered: 08/18/2010)
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Legal Document (Payment Possibly Required) 353 Filed: 8/16/2010, Entered: None
TRANSCRIPT of Proceedings for Telephone Conference held on August 11, 2010. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 9/10/2010. Redacted Transcript Follow Up 9/20/2010. Release of Transcript Restriction set for 11/15/2010. (dae) (Entered: 08/17/2010)
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Legal Document (Payment Possibly Required) 352 Filed: 8/17/2010, Entered: None Court Filing
SUMMARY ORDER of rulings re deposition testimony of Robert Dettery. So Ordered by Judge Joseph N. Laplante. (dae) (Entered: 08/17/2010)
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Legal Document (Payment Possibly Required) 351 Filed: 8/17/2010, Entered: None
NOTICE of Interim Brief on Admissibility of AERS Data by Karen L. Bartlett. (Roberson, Eric) (Entered: 08/17/2010)
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Legal Document (Payment Possibly Required) 350 Filed: 8/16/2010, Entered: None
Emergency MOTION To Return to Original Proposed Jury Instructions Before Trial filed by Karen L. Bartlett. Follow up on Objection on 9/2/2010. (Attachments: # 1 Exhibit A - Court's Original Proposed Preliminary Instructions, # 2 Exhibit B - Court's Second Proposed Preliminary Jury Instructions)(Roberson, Eric) (Entered: 08/16/2010)
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Legal Document (Payment Possibly Required) 349 Filed: 8/16/2010, Entered: None
Emergency MOTION in Limine to Bar Evidence on the Mitigation of Economic Damages Affirmative Defense and Requested Instruction on Same filed by Karen L. Bartlett. Follow up on Objection on 9/2/2010. (Roberson, Eric) (Entered: 08/16/2010)
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Legal Document (Payment Possibly Required) 348 Filed: 8/16/2010, Entered: None
RESPONSE re 334 Notice (Other) by Plaintiff of Intent Regarding Dr. Ergin filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 08/16/2010)
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Legal Document (Payment Possibly Required) 347 Filed: 8/16/2010, Entered: None
Objection to 328 Notice (Other), Notice (Other) by Plaintiff of Proposed Intra-Trial Instructions to the Jury filed by Mutual Pharmaceutical Company, Inc.. (Attachments: # 1 Exhibit A - 4-6-05 Memo re NSAIDs, # 2 Exhibit B - 6-9-06 response to Citizen's Petition, # 3 Exhibit C - 9-03-09 letter enclosing MUT03346-03687)(Cosgrove, Paul) (Entered: 08/16/2010)
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Legal Document (Payment Possibly Required) 346 Filed: 8/16/2010, Entered: None
MOTION Request for Additional Limines and Preliminary Pretrial Jury Instruction filed by Karen L. Bartlett. Follow up on Objection on 9/2/2010. (Roberson, Eric) (Entered: 08/16/2010)
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Legal Document (Payment Possibly Required) 345 Filed: 8/15/2010, Entered: None Court Filing
ORDER denying without prejudice 339 Motion for Jury Instruction. So Ordered by Judge Joseph N. Laplante. (dae) (Entered: 08/15/2010)
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Legal Document (Payment Possibly Required) 344 Filed: 8/14/2010, Entered: None
NOTICE of Brief on Jury Instruction by Karen L. Bartlett. (Jensen, Keith) (Entered: 08/14/2010)
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Legal Document (Payment Possibly Required) 343 Filed: 8/14/2010, Entered: None
Defendant's Amended Trial Exhibit List by Mutual Pharmaceutical Company, Inc. (Cosgrove, Paul) (Entered: 08/14/2010)
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Legal Document (Payment Possibly Required) 342 Filed: 8/14/2010, Entered: None
RESPONSE re Order, for Proposed Jury Instruction Pursuant to August 13, 2010 Telephonic Conference filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 08/14/2010)
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Legal Document (Payment Possibly Required) 341 Filed: 8/13/2010, Entered: None
OBJECTION to 339 MOTION Jury Instruction on Plaintiff's Lack of Burden Regarding Adequacy of a Warning filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 08/13/2010)
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Legal Document (Payment Possibly Required) 340 Filed: 8/12/2010, Entered: None Court Filing
///ORDER: Bartlett is granted judgment as a matter of law on Mutual's affirmative defenses of comparative fault, apportionment, plaintiff's misconduct, and superseding cause. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 08/12/2010)
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Legal Document (Payment Possibly Required) 339 Filed: 8/12/2010, Entered: None
MOTION Jury Instruction filed by Karen L. Bartlett. Follow up on Objection on 8/30/2010. (Roberson, Eric) (Entered: 08/12/2010)
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Legal Document (Payment Possibly Required) 338 Filed: 8/12/2010, Entered: None
MOTION Voir Dire REquests filed by Karen L. Bartlett. Follow up on Objection on 8/30/2010. (Attachments: # 1 Exhibit e-mail)(Roberson, Eric) (Entered: 08/12/2010)
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Legal Document (Payment Possibly Required) 337 Filed: 8/12/2010, Entered: None
Exhibit 403 from Andrea Werynski deposition by Karen L. Bartlett. (Jensen, Keith) (Entered: 08/12/2010)
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Legal Document (Payment Possibly Required) 336 Filed: 8/12/2010, Entered: None Court Filing
ORDER denying 293 Motion for Reconsideration re 284 Order on Motion for Reconsideration of Court's Order Denying Mutual's Motion for Summary Judgment on Plaintiff's Design Defect Claim. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 08/12/2010)
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Legal Document (Payment Possibly Required) 335 Filed: 8/12/2010, Entered: None Court Filing
ORDER granting in part and denying in part 261 Motion in Limine to Exclude Reference to Facts Which are Solely Relevant to Proximate Cause Between Failure to Warn and Ingestion, Including Dr. Ergin's Complete or Almost Complete Lack of Reading of the PDR Label for any Sulindac Product and Related Matters. The motion is GRANTED as to parts (a) and (b), but DENIED as to Part (c). So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 08/12/2010)
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Legal Document (Payment Possibly Required) 334 Filed: 8/12/2010, Entered: None
NOTICE of Intent not to Call Dr. Ergin as Witness before the Jury under Law of Case by Karen L. Bartlett. (Roberson, Eric) (Entered: 08/12/2010)
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Legal Document (Payment Possibly Required) 333 Filed: 8/11/2010, Entered: None
OBJECTION to 293 MOTION for Reconsideration re 284 Order on Motion for Reconsideration of Court's Order Denying Mutual's Motion for Summary Judgment on Plaintiff's Design Defect Claim filed by Karen L. Bartlett. (Roberson, Eric) Modified on 8/12/2010 to take out duplicate text (dae). (Entered: 08/11/2010)
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Legal Document (Payment Possibly Required) 332 Filed: 8/11/2010, Entered: None
NOTICE of Withdrawal of Defenses by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 08/11/2010)
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Legal Document (Payment Possibly Required) 331 Filed: 8/11/2010, Entered: None Court Filing
ORDER (Corrected, replaces # 330 ) granting in part and denying in part 292 Motion to Exclude Evidence of Plaintiffs Untimely Medical Records. So Ordered by Judge Joseph N. Laplante. (dae) (Entered: 08/11/2010)
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Legal Document (Payment Possibly Required) 330 Filed: 8/11/2010, Entered: None Court Filing
REFILED, See 331 . ORDER granting in part and denying in part 292 Motion to Exclude Evidence of Plaintiffs Untimely Medical Records. So Ordered by Judge Joseph N. Laplante. (dae) Modified on 8/11/2010 to add: REFILED, See 331 . (dae). (Entered: 08/11/2010)
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Legal Document (Payment Possibly Required) 329 Filed: 8/11/2010, Entered: None Court Filing
/// SUMMARY ORDER : Mutual is granted judgment as a matter of law on Bartlett's claims for negligence and enhanced compensatory damages and Bartlett is granted judgment as a matter of law on Mutual's defenses based on the conduct of Bartlett and Dr. Ergin (specifically, the defenses of comparative negligence, apportionment, plaintiffs misconduct/failure to followinstructions, and superseding cause). So Ordered by Judge Joseph N. Laplante. (dae) (Entered: 08/11/2010)
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Legal Document (Payment Possibly Required) 328 Filed: 8/11/2010, Entered: None
NOTICE of Proposed Intra-Trial Instructions To The Jury by Karen L. Bartlett. (Attachments: # 1 Exhibit 1 Stern, Robert 8.4.10, # 2 Exhibit 2 Stern Ex9 Final Report, # 3 Exhibit 3 Stern Ex2 Stern Roujeau Email, # 4 Exhibit 4 Stern Aff, # 5 Exhibit 5 Jury Instructions requested during & at end of trial)(Jensen, Keith) (Entered: 08/11/2010)
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Legal Document (Payment Possibly Required) 327 Filed: 8/11/2010, Entered: None
OBJECTION to 292 MOTION to Exclude Evidence of Plaintiff's Untimely Medical Records filed by Karen L. Bartlett. (Attachments: # 1 Exhibit A Ulmer knew of Ibuprofen, # 2 Exhibit B KB Production Proof, # 3 Exhibit C Paralegal Spreadsheet, # 4 Exhibit D Billing Records Produced w/color coding, # 5 Exhibit E Chodosh Dep, # 6 Exhibit F Mut obtained Sawyer records, # 7 Exhibit G Dr. Lane's Dep re Reddy, # 8 Exhibit H Proposed Trial Exhibit, # 9 Exhibit 1 RiteAid Pharmacy, # 10 Exhibit 2 Caritas Holy Family Hospital, # 11 Exhibit 3 Andover Surgical Associates, # 12 Exhibit 4 Tufts Medical Center Billing Records, # 13 Exhibit 5 MA General Hospital Billing Records, # 14 Exhibit 6 New England Neurological Billing Records, # 15 Exhibit 7 Northeast Rehabilitation Billing Records, # 16 Exhibit 8 Spaulding Rehabilitation Billing Records, # 17 Exhibit 9a MEEI Billing Records Part 1, # 18 Exhibit 9b MEEI Billing Records Part 2, # 19 Exhibit 10 New England Home Therapy, # 20 Exhibit 11 MEEI Doctor Billing Records, # 21 Exhibit 12 Dr. Drasko Simovic Billing Records, # 22 Exhibit 13 Andover Surgical Associates Billing Records, # 23 Exhibit 14 Ortho Northeast Billing Records, # 24 Exhibit 15 Dr. Muto Billilng Records, # 25 Exhibit 16 Physician's Resource Billing Records, # 26 Exhibit 17 Caritas Hospital Billing Records, # 27 Exhibit 18 Andover Urology Billing Records, # 28 Exhibit 19 Dr. Sadrnoori Billing Records, # 29 Exhibit 20a MERSI Billing Records Part 1, # 30 Exhibit 20b MERSI Billing Records Part 2, # 31 Exhibit 21 MEEI Doctor Billing Records, # 32 Exhibit 22 Dr. Richard Sawyer Billing Records, # 33 Exhibit 23 Beth Israel Billing Records, # 34 Exhibit 24 Palms West Billing Records, # 35 Exhibit 25 Dr. Reddy Billing Records, # 36 Exhibit 26 RiteAid Pharmacy, # 37 Exhibit 27 Spaulding Rehabilitation Billing Records, # 38 Exhibit 28 Insurance Statements)(Jensen, Keith) (Entered: 08/11/2010)
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Legal Document (Payment Possibly Required) 326 Filed: 8/11/2010, Entered: None
Objection to 296 Order,, (First Amended) filed by Karen L. Bartlett. (Attachments: # 1 Exhibit A- Excerpts from Tackett Report, # 2 Exhibit B - Salisbury Deposition Excerpts, # 3 Exhibit C - Bartlett Deposition Excerpts, # 4 Exhibit D - Brooks Pharmacy Handout)(Roberson, Eric) (Entered: 08/11/2010)
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Legal Document (Payment Possibly Required) 325 Filed: 8/11/2010, Entered: None
Objection to 296 Order,, Brief on Issues Requested by Court filed by Karen L. Bartlett. (Roberson, Eric) (Entered: 08/11/2010)
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Legal Document (Payment Possibly Required) 324 Filed: 8/10/2010, Entered: None
Witness List (Will Call per Order # 297) by Karen L. Bartlett. (Attachments: # 1 Appendix A - Custodians and Prove Up Witnesses)(Roberson, Eric) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 323 Filed: 8/10/2010, Entered: None
Witness List Pursuant to August 4, 2010, Final Pretrial Order [Doc. 297] by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 322 Filed: 8/10/2010, Entered: None
BRIEF/MEMORANDUM REGARDING CULPABILITY DEFENSES by Mutual Pharmaceutical Company, Inc. (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, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Cosgrove, Paul) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 321 Filed: 8/10/2010, Entered: None Court Filing
SUMMARY ORDER on Mutual's objections to Dohlman and Kim deposition testimony. So Ordered by Judge Joseph N. Laplante. (dae) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 320 Filed: 8/10/2010, Entered: None Court Filing
ORDER denying 280 Motion to Bifurcate Trial and to Exclude/Limit Unduly Prejudicial Images of Plaintiff's SJS/TEN Hypersensitivity Reaction. Both requests denied, without prejudice to any objections that Mutual may raise at trial to the admissibility of specific "images." So Ordered by Judge Joseph N. Laplante. (jb) Modified on 8/10/2010 to change imagines to "images." (dae). (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 319 Filed: 8/10/2010, Entered: None
MOTION Certify Question to NH Supreme Court Replaces Document no. 304 filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 8/27/2010. (Cosgrove, Paul) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 318 Filed: 8/10/2010, Entered: None
Addendum/Exhibits Volume X to 305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 1421 - Mutual Sulindac CP)(Roberson, Eric) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 317 Filed: 8/10/2010, Entered: None
Addendum/Exhibits Volume IX to 305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 1418 - Mutual CP, # 2 Exhibit 1419 - Mutual CP, # 3 Exhibit 1420 - Mutual CP)(Roberson, Eric) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 316 Filed: 8/10/2010, Entered: None
Addendum/Exhibits - Volume VIII to 305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 1415 - Mutual CP, # 2 Exhibit 1416 - Mutual CP, # 3 Exhibit 1417 - Mutual CP)(Roberson, Eric) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 315 Filed: 8/10/2010, Entered: None
Addendum/Exhibits Volume VII to 305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 1412 - Mylan Fetanyl CP)(Roberson, Eric) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 314 Filed: 8/10/2010, Entered: None
Addendum/Exhibits Volume VI-B to 305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 1410 - Mylan Fetanyl CP - Second Half)(Roberson, Eric) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 313 Filed: 8/10/2010, Entered: None
Addendum/Exhibits Volume VI-A to 305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 1410 - Mylan Fetanyl Cp - First Half)(Roberson, Eric) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 312 Filed: 8/10/2010, Entered: None
Addendum/Exhibits Volume V to 305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 1406 - Mutual CP, # 2 Exhibit 1407 - Mutual CP, # 3 Exhibit 1411 - Mylan Fetanyl CP, # 4 Exhibit 1414 - Mutual CP)(Roberson, Eric) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 311 Filed: 8/10/2010, Entered: None
Addendum/Evidence Volume IV B to 305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 1405 FDA CP Response - Second Half)(Roberson, Eric) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 310 Filed: 8/10/2010, Entered: None
Addendum/Volume IV-A to 305 Response (not to Motion) Ex. 1405 first half filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 1405 - FDA CP Response Letter First half))(Roberson, Eric) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 309 Filed: 8/10/2010, Entered: None
Addendum/Exhibits Volume III to 305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 905 - FDA Decision Memo, # 2 Exhibit 1177 - Levitt Article on Sulindac, # 3 Exhibit 1188 - NDA Approval for Provigil)(Roberson, Eric) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 308 Filed: 8/10/2010, Entered: None
Addendum/Exhibits Volume II B filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 199 Second Half Stern Manuscript)(Roberson, Eric) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 307 Filed: 8/10/2010, Entered: None
Addendum/Exhibits Volume IIA filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 199 - Stern Manuscript - First Half)(Roberson, Eric) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 306 Filed: 8/10/2010, Entered: None
Addendum/Exhibits Volume I to 305 Response (not to Motion) filed by Karen L. Bartlett. (Attachments: # 1 Exhibit (Affidavit) 1 - Jensen Affidavit, # 2 Exhibit (Affidavit) 2 - Bartlett Affidavit, # 3 Exhibit (Affidavit) 4 - Roberson Affidavit, # 4 Exhibit 5 - Colchincine NDA, # 5 Exhibit 6 - Stern Deposition Excerpts, # 6 Exhibit 7 - NSAID Medication Guide)(Roberson, Eric) (Entered: 08/10/2010)
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Legal Document (Payment Possibly Required) 305 Filed: 8/9/2010, Entered: None
RESPONSE re 281 Order, Brief on Negligence Causation, Enhanced Compensatory Damages, and the Relevance of Warning Evidence (Exhibits Filed Seperately) filed by Karen L. Bartlett. (Roberson, Eric) (Entered: 08/09/2010)
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Legal Document (Payment Possibly Required) 304 Filed: 8/9/2010, Entered: None
REFILED, See 319 . BRIEF/MEMORANDUM DEFENDANT'S MOTION TO CERTIFY A QUESTION OF STATE LAW by Mutual Pharmaceutical Company, Inc. (Cosgrove, Paul) Modified on 8/10/2010 to add: REFILED, See 319 .(dae). (Entered: 08/09/2010)
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Legal Document (Payment Possibly Required) 303 Filed: 8/9/2010, Entered: None
BRIEF/MEMORANDUM Regarding Plaintiff's Negligence Claims Pursuant to July 27, 2010, Order by Mutual Pharmaceutical Company, Inc. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Cosgrove, Paul) (Entered: 08/09/2010)
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Legal Document (Payment Possibly Required) 302 Filed: 8/9/2010, Entered: None
TRANSCRIPT of Proceedings for Final Pretrial Conference, Afternoon Session held on August 3, 2010. Court Reporter: Sandra Bailey, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 9/2/2010. Redacted Transcript Follow Up 9/13/2010. Release of Transcript Restriction set for 11/8/2010. (dae) (Entered: 08/09/2010)
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Legal Document (Payment Possibly Required) 301 Filed: 8/9/2010, Entered: None
TRANSCRIPT of Proceedings for Final Pretrial Conference, Morning Session, held on 8/3/10. Court Reporter: Susan Bateman, Telephone # 603-225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 9/2/2010. Redacted Transcript Follow Up 9/13/2010. Release of Transcript Restriction set for 11/8/2010. (dae) (Entered: 08/09/2010)
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Legal Document (Payment Possibly Required) 300 Filed: 8/9/2010, Entered: None
MOTION Alter Page Limits re docs 281 and 296 filed by Karen L. Bartlett. Follow up on Objection on 8/26/2010. (Roberson, Eric) (Entered: 08/09/2010)
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Legal Document (Payment Possibly Required) 299 Filed: 8/5/2010, Entered: None
Objection to 258 Proposed Jury Instructions of Plaintiff filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 08/05/2010)
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Legal Document (Payment Possibly Required) 298 Filed: 8/4/2010, Entered: None Court Filing
ORDER ON JURY SELECTION: Size of jury: 10 and no alternates - all jurors to participate in the verdict. Standard voir dire. Procedure for qualification. Attorney voir dire permitted as outlined. Additional challenges for cause at bench. Peremptory challenges - 4 each to be submitted en masse, simultaneously, in writing. Juror empanelment. Signed by Judge Joseph N. Laplante. (dae) (Entered: 08/04/2010)
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Legal Document (Payment Possibly Required) 297 Filed: 8/4/2010, Entered: None Court Filing
Final Pretrial Order. Trial date: 8/16/10. Trial length: 1 month (plaintiff's case - 3 weeks; defendant's case - 1 week). Exhibit List and Will-Call Witness List due by 8/10/2010. Signed by Judge Joseph N. Laplante. (Attachments: # 1 Exhibit Marking Instructions)(dae) (Entered: 08/04/2010)
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Legal Document (Payment Possibly Required) 296 Filed: 8/4/2010, Entered: None Court Filing
PROCEDURAL ORDER. Parties shall brief issues outlined in order on or before August 10, 2010 (30 page limit, not including exhibits or attachments). Plaintiff's objection to 292 Motion to Exclude Evidence of Plaintiff's Untimely Medical Records is due August 11, 2010. Plaintiff's objection to 293 Motion for Reconsideration re 284 Order on Motion for Reconsideration of Court's Order Denying Mutual's Motion for Summary Judgment on Plaintiff's Design Defect Claim due by August 11, 2010. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 08/04/2010)
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Legal Document (Payment Possibly Required) 295 Filed: 8/3/2010, Entered: None
Objection to 256 Proposed Voir Dire filed by Karen L. Bartlett. (Roberson, Eric) (Entered: 08/03/2010)
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Legal Document (Payment Possibly Required) 294 Filed: 8/2/2010, Entered: None
Objection to 254 Proposed Jury Instructions Objections to Jury Questions in Proposed Verdict Form filed by Karen L. Bartlett. (Roberson, Eric) (Entered: 08/02/2010)
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Legal Document (Payment Possibly Required) 293 Filed: 8/2/2010, Entered: None
MOTION for Reconsideration re 284 Order on Motion for Reconsideration of Court's Order Denying Mutual's Motion for Summary Judgment on Plaintiff's Design Defect Claim filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 8/19/2010. (Cosgrove, Paul) (Entered: 08/02/2010)
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Legal Document (Payment Possibly Required) 292 Filed: 8/2/2010, Entered: None
MOTION to Exclude Evidence of Plaintiff's Untimely Medical Records filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 8/19/2010. (Attachments: # 1 Exhibit Ex. A Emails dated June 19-26, 2010, # 2 Exhibit Ex. B Plaintiffs' Combined Answers and Objections to Interrogatories, # 3 Exhibit Ex. C Plaintiff's Medical Expenses, # 4 Exhibit Ex. D Billing By Provider $1.16M (7/21/10), # 5 Exhibit Ex. E Billing by Provider $1.325M (7/23/10), # 6 Exhibit Ex. F. Billing by Provider $1.354M)(Cosgrove, Paul) (Entered: 08/02/2010)
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Legal Document (Payment Possibly Required) 291 Filed: 8/2/2010, Entered: None
NOTICE of Attorney Appearance by Pierre A,. Chabot on behalf of Mutual Pharmaceutical Company, Inc. (Chabot, Pierre) (Entered: 08/02/2010)
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Legal Document (Payment Possibly Required) 290 Filed: 8/2/2010, Entered: None Court Filing
ORDER granting in part and denying in part 205 Motion in Limine. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 08/02/2010)
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Legal Document (Payment Possibly Required) 289 Filed: 8/2/2010, Entered: None
NOTICE of (objections to Jury Charge by Karen L. Bartlett. (Roberson, Eric) (Entered: 08/02/2010)
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Legal Document (Payment Possibly Required) 288 Filed: 7/31/2010, Entered: None
TRIAL BRIEF Appendix "A" by Karen L. Bartlett. (Roberson, Eric) (Entered: 07/31/2010)
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Legal Document (Payment Possibly Required) 287 Filed: 7/30/2010, Entered: None
TRIAL BRIEF by Karen L. Bartlett. (Roberson, Eric) (Entered: 07/31/2010)
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Legal Document (Payment Possibly Required) 286 Filed: 7/30/2010, Entered: None
TRIAL BRIEF by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 07/30/2010)
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Legal Document (Payment Possibly Required) 285 Filed: 7/30/2010, Entered: None Court Filing
ORDER granting in part and denying in part 277 Motion for Leave to File Supplemental Exhibits, Reliance Documents and Jury Instructions in Light of New Orders. Plaintiff is granted leave to supplement proposed jury instructions and exhibit list in light of recent evidentiary rulings. Plaintiff is denied leave to add new expert reliance materials. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 07/30/2010)
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Legal Document (Payment Possibly Required) 284 Filed: 7/30/2010, Entered: None, Terminated: 8/12/2010 Court Filing
ORDER denying 263 Motion for Reconsideration re: 243 Order on Motion for Summary Judgment. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 07/30/2010)
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Legal Document (Payment Possibly Required) 283 Filed: 7/30/2010, Entered: None
AMENDED OBJECTION to 280 MOTION to Bifurcate Trial and to Exclude/ Limit Unduly Prejudicial Images of Plaintiff's SJS/TEN Hypersensitivity Reaction (amended) filed by Karen L. Bartlett. (Roberson, Eric) Modified on 7/30/2010 to add: AMENDED(cmp). (Entered: 07/30/2010)
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Legal Document (Payment Possibly Required) 282 Filed: 7/29/2010, Entered: None
AMENDED, See 283 . OBJECTION to 280 MOTION to Bifurcate Trial and to Exclude/ Limit Unduly Prejudicial Images of Plaintiff's SJS/TEN Hypersensitivity Reaction filed by Karen L. Bartlett. (Roberson, Eric) Modified on 8/2/2010 to add: AMENDED, See 283 . (dae). (Entered: 07/29/2010)
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Blank 281 Filed: 7/27/2010, Entered: None Court Filing
ORDER re Stern/Valuck depositions, motion to bifurcate (document no. 280), and negligence claims. Plaintiff's objection to motion to bifurcate due July 29, 2010. Parties' briefs re negligence claims due by August 9, 2010 (limit 25 pages, not including exhibits or attachments). So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 07/27/2010)
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Legal Document (Payment Possibly Required) 280 Filed: 7/26/2010, Entered: None
MOTION to Bifurcate Trial and to Exclude/ Limit Unduly Prejudicial Images of Plaintiff's SJS/TEN Hypersensitivity Reaction filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 8/12/2010. (Cosgrove, Paul) (Entered: 07/26/2010)
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Legal Document (Payment Possibly Required) 279 Filed: 7/26/2010, Entered: None
OBJECTION to 261 MOTION in Limine to Exclude Reference to Facts Which are Solely Relevant to Proximate Cause Between Failure to Warn and Ingestion, Including Dr. Ergin's Complete or Almost Complete Lack of Reading of the PDR Label for any Sulindac Product and Rel filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 07/26/2010)
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Legal Document (Payment Possibly Required) 278 Filed: 7/26/2010, Entered: None Court Filing
AMENDED SUMMARY ORDER granting in part and denying in part 185 Motion in Limine ; granting in part and denying in part 186 Motion in Limine ; granting in part and denying in part 188 Motion in Limine ; taking under advisement 189 Motion in Limine ; denying as moot 190 Motion in Limine ; granting 191 Motion in Limine ; granting 192 Motion in Limine ; granting 193 Motion in Limine ; granting 194 Motion in Limine ; granting 195 Motion in Limine ; granting in part and denying in part 196 Motion in Limine ; granting 197 Motion in Limine ; granting 198 Motion in Limine ; granting in part and denying in part 200 Motion in Limine ; granting in part and denying in part 201 Motion in Limine. Signed by Judge Joseph N. Laplante. (cmp) (Entered: 07/26/2010)
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Legal Document (Payment Possibly Required) 277 Filed: 7/26/2010, Entered: None
MOTION for Leave to File Supplemental Exhibits, Reliance Documents and Jury Instructions in Light of New Orders filed by Karen L. Bartlett. Follow up on Objection on 8/12/2010. (Attachments: # 1 Memorandum of Law, # 2 Appendix A - Supplemental Exhibit List, # 3 Appendix B - Supplemental Reliance List, # 4 Appendix C- 5 13 2010 Letter from Defense Counsel, # 5 Appendix D - Supplemental Jury Instructions)(Roberson, Eric) (Entered: 07/26/2010)
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Legal Document (Payment Possibly Required) 276 Filed: 7/26/2010, Entered: None
NOTICE of Exhibit and Reliance Materials (re: Orders 251 & 272) by Karen L. Bartlett. (Roberson, Eric) (Entered: 07/26/2010)
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Legal Document (Payment Possibly Required) 275 Filed: 7/26/2010, Entered: None Court Filing
ORDER granting 240 Motion for Findings of Unavailability, Admissibility, and Alternative Motion to Compel Appearance. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 07/26/2010)
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Legal Document (Payment Possibly Required) 274 Filed: 7/23/2010, Entered: None
Notice of Intent to Reply to Objection to 240 MOTION For Findings of Unavailability, Admissibility, and Alternative Motion to Compel Appearance. Follow up on Reply on 8/9/2010. (Roberson, Eric) (Entered: 07/23/2010)
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Legal Document (Payment Possibly Required) 273 Filed: 7/23/2010, Entered: None Court Filing
REPLACED BY DOCUMENT 278. SUMMARY ORDER granting in part and denying in part 185 Motion in Limine ; granting in part and denying in part 186 Motion in Limine ; granting in part and denying in part 188 Motion in Limine ; taking under advisement 189 Motion in Limine ; denying as moot 190 Motion in Limine ; granting 191 Motion in Limine ; granting 192 Motion in Limine ; granting 193 Motion in Limine ; granting 194 Motion in Limine ; granting 195 Motion in Limine ; granting in part and denying in part 196 Motion in Limine ; granting 197 Motion in Limine ; granting 198 Motion in Limine ; granting in part and denying in part 200 Motion in Limine ; granting in part and denying in part 201 Motion in Limine. So Ordered by Judge Joseph N. Laplante. (cmp) Modified on 7/26/2010 to add:REPLACED BY DOCUMENT 278. (cmp). (Entered: 07/23/2010)
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Legal Document (Payment Possibly Required) 272 Filed: 7/23/2010, Entered: None Court Filing
FURTHER ORDER on 230 MOTION to Strike Defense Expert Dr. Stern. Signed by Judge Joseph N. Laplante. (cmp) (Entered: 07/23/2010)
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Legal Document (Payment Possibly Required) 271 Filed: 7/22/2010, Entered: None Court Filing
SUMMARY ORDER granting in part 168 Motion to Exclude or Limit Testimony of Messrs. Pollack, Morrison & Sporn and For Ruling on Deposition Objections. Signed by Judge Joseph N. Laplante. (cmp) (Entered: 07/23/2010)
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Legal Document (Payment Possibly Required) 270 Filed: 7/22/2010, Entered: None
OBJECTION to 240 MOTION For Findings of Unavailability, Admissibility, and Alternative Motion to Compel Appearance filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 07/22/2010)
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Legal Document (Payment Possibly Required) 269 Filed: 7/22/2010, Entered: None Court Filing
ORDER granting in part and denying in part 128 Motion to Exclude; granting in part and denying in part 142 Motion to Exclude. So Ordered by Judge Joseph N. Laplante. (jna) (Entered: 07/22/2010)
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Legal Document (Payment Possibly Required) 268 Filed: 7/21/2010, Entered: None Court Filing
PROCEDURAL ORDER re: TRIAL BRIEFS and response deadlines as to 263 Motion for Reconsideration and 261 Motion in Limine. Signed by Judge Joseph N. Laplante. (cmp) (Entered: 07/21/2010)
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Legal Document (Payment Possibly Required) 267 Filed: 7/21/2010, Entered: None
SURREPLY to Reply to 230 MOTION to Strike Defense Expert Dr. Stern for Non-Production of His Own Manuscript Which Contradicts Mutual's Main Defense and Related Relief (ENTRY REPLACES [DOC. 265] filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 07/21/2010)
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Legal Document (Payment Possibly Required) 266 Filed: 7/21/2010, Entered: None
NOTICE of Refiling of a Textually Identical Surreply to Plaintiff's Motion to Strike Defense Expert Robert Stern, M.D. by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 07/21/2010)
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Legal Document (Payment Possibly Required) 265 Filed: 7/20/2010, Entered: None
SURREPLY to Reply to 230 MOTION to Strike Defense Expert Dr. Stern for Non-Production of His Own Manuscript Which Contradicts Mutual's Main Defense and Related Relief , per Court's prior order allowing for surreply by July 20, filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 07/20/2010)
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Legal Document (Payment Possibly Required) 264 Filed: 7/20/2010, Entered: None Court Filing
Assented to MOTION to Excuse Insurance Company Representative and Parties From Attendance at Final Pretrial Conference filed by Mutual Pharmaceutical Company, Inc.. (Judge, Stephen) (Entered: 07/20/2010)
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Legal Document (Payment Possibly Required) 263 Filed: 7/20/2010, Entered: None
MOTION for Reconsideration re 243 Order on Motion for Summary Judgment,,,,,,,,,,,,,, filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 8/6/2010. (Cosgrove, Paul) (Entered: 07/20/2010)
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Legal Document (Payment Possibly Required) 262 Filed: 7/20/2010, Entered: None
Proposed Jury Instructions (First Amended with Motion for Leave) by Karen L. Bartlett. (Roberson, Eric) (Entered: 07/20/2010)
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Legal Document (Payment Possibly Required) 261 Filed: 7/20/2010, Entered: None Motion in Limine
MOTION in Limine to Exclude Reference to Facts Which are Solely Relevant to Proximate Cause Between Failure to Warn and Ingestion, Including Dr. Ergin's Complete or Almost Complete Lack of Reading of the PDR Label for any Sulindac Product and Related Matters filed by Karen L. Bartlett. Follow up on Objection on 8/6/2010. (Attachments: # 1 Memorandum of Law, # 2 Exhibit Transcript of 7.13.10 Hearing, # 3 Exhibit Order and Opinion 7.12.10, # 4 Exhibit Deposition Dr. Ergin)(Jensen, Keith) (Entered: 07/20/2010)
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Legal Document (Payment Possibly Required) 260 Filed: 7/20/2010, Entered: None
Proposed Voir Dire Table of Exhibits by Karen L. Bartlett. (Attachments: # 1 Exhibit A - Law Review Article, # 2 Exhibit B - Rezko Jury Questionnaire, # 3 Exhibit C - Conrad Black Jury Questionnaire, # 4 Exhibit D - Cyril Wecht Jury Questionnaire, # 5 Exhibit E - Exhibit Withdrawn - Would Not Upload, # 6 Exhibit F- Bartlett Proposed Jury Questionnaire)(Roberson, Eric) (Entered: 07/20/2010)
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Legal Document (Payment Possibly Required) 259 Filed: 7/19/2010, Entered: None
Proposed Voir Dire by Karen L. Bartlett. (Roberson, Eric) (Entered: 07/20/2010)
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Legal Document (Payment Possibly Required) 258 Filed: 7/19/2010, Entered: None
Proposed Jury Instructions by Karen L. Bartlett. (Roberson, Eric) (Entered: 07/19/2010)
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Legal Document (Payment Possibly Required) 257 Filed: 7/19/2010, Entered: None
Pretrial Statement filed by Karen L. Bartlett. (Attachments: # 1 Appendix A - Current Itemized Medical Bills)(Roberson, Eric) (Entered: 07/19/2010)
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Legal Document (Payment Possibly Required) 256 Filed: 7/19/2010, Entered: None
Proposed Voir Dire Questions by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 07/19/2010)
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Legal Document (Payment Possibly Required) 255 Filed: 7/19/2010, Entered: None
NOTICE of Mutual's Motions in Limine by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 07/19/2010)
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Legal Document (Payment Possibly Required) 254 Filed: 7/19/2010, Entered: None
Proposed Jury Instructions by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 07/19/2010)
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Legal Document (Payment Possibly Required) 253 Filed: 7/19/2010, Entered: None
NOTICE of to Plaintiff Regarding Testimonial Proof of Special Damages by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 07/19/2010)
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Legal Document (Payment Possibly Required) 252 Filed: 7/19/2010, Entered: None
Pretrial Statement filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 07/19/2010)
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Legal Document (Payment Possibly Required) 251 Filed: 7/16/2010, Entered: None Court Filing
ORDER granting in part and denying in part 230 Motion to Strike Defense Expert Dr. Stern for Non-Production of His Own Manuscript Which Contradicts Mutual's Main Defense and Related Relief. So Ordered by Judge Joseph N. Laplante. (dae) (Entered: 07/19/2010)
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Legal Document (Payment Possibly Required) 250 Filed: 7/16/2010, Entered: None
NOTICE of Plaintiff's Position on Limine Rulings by Karen L. Bartlett. (Jensen, Keith) (Entered: 07/16/2010)
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Legal Document (Payment Possibly Required) 249 Filed: 7/16/2010, Entered: None
NOTICE of Parties' Joint List of Issues Moot or Otherwise Resolved, per Court's July 13, 2010, Order by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 07/16/2010)
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Legal Document (Payment Possibly Required) 248 Filed: 7/16/2010, Entered: None Court Filing
ORDER granting 199 Motion for Judicial Notice Under Rule 201 of the Federal Rules of Evidence. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 07/16/2010)
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Legal Document (Payment Possibly Required) 247 Filed: 7/16/2010, Entered: None Court Filing
FILED IN ERROR, REFILED See 251 . ORDER granting in part and denying in part 230 Motion to Strike Defense Expert Dr. Stern for Non-Production of His Own Manuscript Which Contradicts Mutual's Main Defense and Related Relief. So Ordered by Judge Joseph N. Laplante. (jb) Modified on 7/19/2010 to add: FILED IN ERROR, REFILED See 251 . (dae). (Entered: 07/16/2010)
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Legal Document (Payment Possibly Required) 246 Filed: 7/16/2010, Entered: None
TRANSCRIPT of Proceedings for Telephone Conference held on July 13, 2010. Court Reporter: Sandra Bailey, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 8/9/2010. Redacted Transcript Follow Up 8/19/2010. Release of Transcript Restriction set for 10/15/2010. (dae) (Entered: 07/16/2010)
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Legal Document (Payment Possibly Required) 245 Filed: 7/15/2010, Entered: None
REPLY to Objection to Motion re 230 MOTION to Strike Defense Expert Dr. Stern for Non-Production of His Own Manuscript Which Contradicts Mutual's Main Defense and Related Relief and Motion for Leave to Exceed Page Limits filed by Karen L. Bartlett. (Attachments: # 1 Exhibit A-1 - FDA Publication, # 2 Exhibit A-2 - FDA Publication, # 3 Exhibit B - In Re Gadolinium Order), # 4 Exhibit C - In Re Viagra Order, # 5 Exhibit D - Dr. Stern Article, # 6 Exhibit E - Dr. Stern 2010 Deposition, # 7 Exhibit F - Office Listings, # 8 Exhibit G - Dr. Stern 2008 Deposition, # 9 Exhibit H - Dr. Stern IRS Records)(Roberson, Eric) (Entered: 07/15/2010)
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Legal Document (Payment Possibly Required) 244 Filed: 7/14/2010, Entered: None Court Filing
ORDER - parties to jointly file list of issues as outlined. Court will not accept any further motions for summary judgment. Trial remains scheduled to begin on 8/16/10 and all other procedural deadlines remain in effect. (Notice of Compliance Deadline set for 7/16/2010 for joint list.) Signed by Judge Joseph N. Laplante. (dae) (Entered: 07/14/2010)
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Legal Document (Payment Possibly Required) 243 Filed: 7/12/2010, Entered: None Court Filing
///ORDER granting in part and denying in part 146 Motion for Summary Judgment filed by Mutual Pharmaceutical, Inc.; denying 145 Motion for Summary Judgment Based on Federal Preemption filed by Mutual Pharmaceutical, Inc.; and granting in part and denying in part 131 Motion for Summary Judgment filed by Karen L. Bartlett. Mutual's motion for summary judgment is GRANTED as to Bartlett's claims of strict products liability (Count 1) and negligence (Count 6) based on failure to warn, as well as her claim of fraud (Count 3), but is DENIED as to her claims of strict products liability (Count 2) and negligence (Count 6) based on defective design, as well as her request for enhanced compensatory damages. Mutual's separate motion for summary judgment based on federal pre-emption, which is actually a motion for reconsideration of this court's earlier pre-emption ruling, is also DENIED. Bartlett's motion for partial summary judgment is GRANTED as to Mutual's set-off and spoliation defenses, but is otherwise DENIED. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 07/12/2010)
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Legal Document (Payment Possibly Required) 242 Filed: 7/12/2010, Entered: None Court Filing
ORDER: deadline for filing pretrial statements and proposed jury instructions is extended to 7/19/10. All other deadlines remain the same. (Pretrial Statements, etc. due 7/19/2010.) Signed by Judge Joseph N. Laplante. (dae) (Entered: 07/12/2010)
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Legal Document (Payment Possibly Required) 241 Filed: 7/8/2010, Entered: None
Notice of Intent to Reply to Objection to 230 MOTION to Strike Defense Expert Dr. Stern for Non-Production of His Own Manuscript Which Contradicts Mutual's Main Defense and Related Relief. Follow up on Reply on 7/26/2010. (Roberson, Eric) (Entered: 07/08/2010)
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Legal Document (Payment Possibly Required) 240 Filed: 7/7/2010, Entered: None
MOTION For Findings of Unavailability, Admissibility, and Alternative Motion to Compel Appearance filed by Karen L. Bartlett. Follow up on Objection on 7/26/2010. (Attachments: # 1 Memorandum of Law, # 2 Exhibit (Affidavit) A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Roberson, Eric) (Entered: 07/07/2010)
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Legal Document (Payment Possibly Required) 239 Filed: 7/7/2010, Entered: None
SURREPLY to Reply to 146 MOTION for Summary Judgment Per Court's June 8, 2010, Order for Supplemental Briefing on Proximate Causation filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 07/07/2010)
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Legal Document (Payment Possibly Required) 238 Filed: 7/6/2010, Entered: None
NOTICE of Amended Reply Brief (Doc 235) by Karen L. Bartlett. (Roberson, Eric) (Entered: 07/06/2010)
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Legal Document (Payment Possibly Required) 237 Filed: 7/6/2010, Entered: None
Assented to MOTION Unnopposed Motion to Accept Reply Brief (Doc 235) as Timely Filed and Allow Amended Reply Brief filed by Karen L. Bartlett. (Roberson, Eric) (Entered: 07/06/2010)
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Legal Document (Payment Possibly Required) 236 Filed: 7/6/2010, Entered: None
OBJECTION to 230 MOTION to Strike Defense Expert Dr. Stern for Non-Production of His Own Manuscript Which Contradicts Mutual's Main Defense and Related Relief filed by Mutual Pharmaceutical Company, Inc.. (Attachments: # 1 Exhibit (Affidavit) Declaration of P. Cosgrove in Support of Objection/Reponse, # 2 Exhibit (Ex. 1) Court Order (3/5/10), # 3 Exhibit (Ex. 2) Mutual's 3/3/10 Email, # 4 Exhibit (Ex. 3) Keith Jensen's 3/3/10 Email, # 5 Exhibit (Ex. 4) Stern's Document Production, # 6 Exhibit (Ex. 5) Mutual's Objections/Response to duces tecum, # 7 Exhibit (Ex. 6) Stern Affidavit, # 8 Exhibit (Ex. 7) Stern Dep., # 9 Exhibit (Ex. 8) 5/28/02 Draft, # 10 Exhibit (Ex. 9) Stern's 10/22/09 Expert Report, # 11 Exhibit (Ex. 10) Tackett Dep., # 12 Exhibit (Ex. 11) Salisbury Dep., # 13 Exhibit (Ex. 12) Mockenhaupt 2008)(Cosgrove, Paul) (Entered: 07/06/2010)
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Legal Document (Payment Possibly Required) 235 Filed: 7/3/2010, Entered: None
REFILED, See Doc. 238 . NOTICE of Reply to Defendant's Response Brief (Document Number 228) by Karen L. Bartlett. (Roberson, Eric) Modified on 7/13/2010 to add: REFILED, See Doc. 238 .(dae). (Entered: 07/03/2010)
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Legal Document (Payment Possibly Required) 234 Filed: 7/2/2010, Entered: None
NOTICE of Supplemental Authority in Support of Mutual's Motion to Exclude P's Experts [Doc. 142] by Mutual Pharmaceutical Company, Inc.. (Attachments: # 1 Exhibit A - 04/27/10 Order Excluding Plaintiff Expert from Trasylol Litigation)(Cosgrove, Paul) (Entered: 07/02/2010)
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Legal Document (Payment Possibly Required) 233 Filed: 6/23/2010, Entered: None Court Filing
NOTICE of Defendant's election not to file a reply brief in response to Document 229 for reasons of judicial economy by Mutual Pharmaceutical Company, Inc.. (Judge, Stephen) (Entered: 06/23/2010)
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Legal Document (Payment Possibly Required) 232 Filed: 6/18/2010, Entered: None
NOTICE of Intent to Move For Leave to File Reply to Defendant's Brief on Proximate Causation [Doc. 228] by Karen L. Bartlett. (Jensen, Keith) (Entered: 06/18/2010)
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Legal Document (Payment Possibly Required) 231 Filed: 6/18/2010, Entered: None Court Filing
Notice of Intent to Reply to Objection to 146 MOTION for Summary Judgment Reply limited to issues raised in plaintiff's 6/15/2010 brief [doc. 229]. Follow up on Reply on 7/6/2010. (Judge, Stephen) (Entered: 06/18/2010)
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Legal Document (Payment Possibly Required) 230 Filed: 6/16/2010, Entered: None
MOTION to Strike Defense Expert Dr. Stern for Non-Production of His Own Manuscript Which Contradicts Mutual's Main Defense and Related Relief filed by Karen L. Bartlett. Follow up on Objection on 7/6/2010. (Attachments: # 1 Memorandum of Law, # 2 Exhibit Unproduced Stern Manuscript, # 3 Exhibit April, 2002, Draft of 2003 Mockenhaupt-Stern Publication, # 4 Exhibit 2003 Mockenhaupt-Stern Publication, # 5 Exhibit Transcript 6.1.10 MSJ Hearings, # 6 Exhibit Summons and Supoena for Dr. Stern's Deposition)(Jensen, Keith) (Entered: 06/16/2010)
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Legal Document (Payment Possibly Required) 229 Filed: 6/15/2010, Entered: None
NOTICE of Plaintiff's Brief Demonstrating That The Jury Need Not Conclude or Deliberate on Product Withdrawal To Return A Verdict For Strict Product Liability- Design Defect by Karen L. Bartlett. (Attachments: # 1 Exhibit A NH Pattern Jury Instructions)(Jensen, Keith) (Entered: 06/15/2010)
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Legal Document (Payment Possibly Required) 228 Filed: 6/15/2010, Entered: None
Memorandum Per Court's June 8, 2010, Directive for Additional Briefing by Mutual Pharmaceutical Company, Inc. (Cosgrove, Paul) (Entered: 06/15/2010)
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Legal Document (Payment Possibly Required) 227 Filed: 6/14/2010, Entered: None
REPLY to Objection to Motion re 194 MOTION in Limine to Disallow Reference To Prior Complaint, A Former Plaintiff, Former Defendant and Dismissed Claims MIL 9, 188 MOTION in Limine to Exclude References To and Opinions Based on Collateral Sources and For Relief Regarding The Defense Life Care Planner Who Failed To Apply The Collateral Source Rule MIL 3, 196 MOTION in Limine to Disallow Argument or Reference on How Hard any Witness or Others Worked at the FDA, Any Reference To Defendant as a Good Company with Good People, Good Drugs or Good Acts MIL 11, 197 MOTION in Limine to Exclude Argument or Reference To The Impact of a Verdict for the Plaintiff on the Community, Insurance, The Drug Industry (Generic or Branded) or Drug Research MIL 12 , 185 MOTION in Limine to Disallow Reference To Generic Drugs and Lower Prices and Related Matters MIL 1, 195 MOTION in Limine to Exclude Reference or Argument Related To Lawyer's Fees, Incentives and Related Matters and for a Prospective Jury Panel Instructions Not To Conduct Internet Searches Regarding SJS MIL 10, 193 MOTION in Limine to Exclude Certain Testimony Regarding Chance and That Witnesses Have No Opinion or Critique of The Defendant's Actions or Inactions MIL 8, 200 MOTION in Limine to Disallow Reference to Karen Bartlett Not Reading the Professional Sulindac Label, Her Undesignated Opinions, Her Other Skin Reactions and Unrelated Prior Events and any Undesignated Opinion and The Lack of an Undesignated Opinion
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Legal Document (Payment Possibly Required) 226 Filed: 6/14/2010, Entered: None
Assented to MOTION to Exceed Page Limit of Local Rule 7.1 filed by Karen L. Bartlett. (Jensen, Keith) (Entered: 06/14/2010)
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Legal Document (Payment Possibly Required) 225 Filed: 6/14/2010, Entered: None
REPLY to Objection to Motion re 205 MOTION in Limine (Mutual's Global Reply Memorandum in support of its Motions in Limine) filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 06/14/2010)
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Legal Document (Payment Possibly Required) 224 Filed: 6/14/2010, Entered: None
MOTION for Leave to File Its Reply Memorandum in Support of Its Motions in Limine in Excess of 15 Pages (Assented) filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 7/1/2010. (Cosgrove, Paul) (Entered: 06/14/2010)
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Legal Document (Payment Possibly Required) 223 Filed: 6/14/2010, Entered: None
RESPONSE to Motion re 205 MOTION in Limine (In Replacement of Doc. 215 and Doc. 218 to Include Exhibits to Textually Identical Objection and Response in Opposition to Defendant's Motions in Limine) filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 1 2005 Sulindac Label, # 2 Exhibit 2 Deposition of Robert Dettery, # 3 Exhibit 3 Dr. Ergin Declaration, # 4 Exhibit 4 Citizen Petition Response, # 5 Exhibit 5 Dr. Tackett 2nd Supplemental Report, # 6 Exhibit 6 Final Rule on Medication Guides, # 7 Exhibit 7 3/13/02 Mockenhaupt SCAR Draft, # 8 Exhibit 8 4/3/02 Mockenhaupt SCAR Draft, # 9 Exhibit 9 2003 Mockenhaupt SCAR Final Article, # 10 Exhibit 10 Objection to Inquiry, # 11 Exhibit 11 Dr. Tackett Report, # 12 Exhibit 12 Deposition of Andria Werynski, # 13 Exhibit 13 Deposition of Dr. Sadrnoori, # 14 Exhibit 14 Amended Dr. Stern Deposition Notice)(Jensen, Keith) (Entered: 06/14/2010)
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Legal Document (Payment Possibly Required) 222 Filed: 6/11/2010, Entered: None Court Filing
OBJECTION to 213 MOTION to Strike 205 Motion in Limine Numbers 2 Through 31 For Violations of the Local Rules filed by Mutual Pharmaceutical Company, Inc.. (Judge, Stephen) (Entered: 06/11/2010)
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Legal Document (Payment Possibly Required) 221 Filed: 6/10/2010, Entered: None
TRANSCRIPT of Proceedings for Motion Hearing, Afternoon Session held on June 1, 2010. Court Reporter: Diane Churas, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 7/6/2010. Redacted Transcript Follow Up 7/15/2010. Release of Transcript Restriction set for 9/10/2010. (dae) (Entered: 06/10/2010)
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Legal Document (Payment Possibly Required) 220 Filed: 6/9/2010, Entered: None
TRANSCRIPT of Proceedings for Motions Hearing/Morning Session held on June 1, 2010. Court Reporter: Susan Bateman, Telephone # 603-225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 7/6/2010. Redacted Transcript Follow Up 7/15/2010. Release of Transcript Restriction set for 9/10/2010. (dae) (Entered: 06/09/2010)
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Legal Document (Payment Possibly Required) 219 Filed: 6/8/2010, Entered: None Court Filing
Assented to MOTION for Leave to File Overlength Objection to Plaintiff's Motions in Limine filed by Mutual Pharmaceutical Company, Inc.. (Judge, Stephen) (Entered: 06/08/2010)
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Legal Document (Payment Possibly Required) 218 Filed: 6/8/2010, Entered: None
REFILED, See #223. RESPONSE to Motion re 205 MOTION in Limine filed by Karen L. Bartlett. (Jensen, Keith) Modified on 6/15/2010 to add: REFILED, See #223. (dae). (Entered: 06/08/2010)
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Legal Document (Payment Possibly Required) 217 Filed: 6/8/2010, Entered: None
NOTICE of Refiling of a Textually Identical Objection and Response in Opposition to Defendant's Motions in Limine by Karen L. Bartlett. (Jensen, Keith) (Entered: 06/08/2010)
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Legal Document (Payment Possibly Required) 216 Filed: 6/8/2010, Entered: None
Assented to MOTION to Exceed Page Limit of Local Rule 7.1 filed by Karen L. Bartlett. (Jensen, Keith) (Entered: 06/08/2010)
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Legal Document (Payment Possibly Required) 215 Filed: 6/8/2010, Entered: None
REFILED, See #223. RESPONSE to Motion re 205 MOTION in Limine filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 1 2005 Sulindac Label, # 2 Exhibit 2 Deposition of Robert Dettery, # 3 Exhibit 3 Dr. Ergin Declaration, # 4 Exhibit 4 Citizen Petition Response, # 5 Exhibit 5 Dr. Tackett 2nd Supplemental Report, # 6 Exhibit 6 Final Rule on Medication Guides, # 7 Exhibit 7 3/13/02 Mockenhaupt SCAR Draft, # 8 Exhibit 8 4/3/02 Mockenhaupt SCAR Draft, # 9 Exhibit 9 2003 Mockenhaupt SCAR Final Article, # 10 Exhibit 10 Objection to Inquiry, # 11 Exhibit 11 Dr. Tackett Report, # 12 Exhibit 12 Deposition of Andria Werynski, # 13 Exhibit 13 Deposition of Dr. Sadrnoori, # 14 Exhibit 14 Amended Dr. Stern Deposition Notice)(Jensen, Keith) Modified on 6/15/2010 to add: REFILED, See #223. (dae). (Entered: 06/08/2010)
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Legal Document (Payment Possibly Required) 214 Filed: 6/7/2010, Entered: None
RESPONSE to Motion re 194 MOTION in Limine to Disallow Reference To Prior Complaint, A Former Plaintiff, Former Defendant and Dismissed Claims MIL 9, 188 MOTION in Limine to Exclude References To and Opinions Based on Collateral Sources and For Relief Regarding The Defense Life Care Planner Who Failed To Apply The Collateral Source Rule MIL 3, 196 MOTION in Limine to Disallow Argument or Reference on How Hard any Witness or Others Worked at the FDA, Any Reference To Defendant as a Good Company with Good People, Good Drugs or Good Acts MIL 11, 197 MOTION in Limine to Exclude Argument or Reference To The Impact of a Verdict for the Plaintiff on the Community, Insurance, The Drug Industry (Generic or Branded) or Drug Research MIL 12 MOTION in Limine to Exclude Argument or Reference To The Impact of a Verdict for the Plaintiff on the Community, Insurance, The Drug Industry (Generic or Branded) or Drug Research MIL 12, 185 MOTION in Limine to Disallow Reference To Generic Drugs and Lower Prices and Related Matters MIL 1, 195 MOTION in Limine to Exclude Reference or Argument Related To Lawyer's Fees, Incentives and Related Matters and for a Prospective Jury Panel Instructions Not To Conduct Internet Searches Regarding SJS MIL 10, 193 MOTION in Limine to Exclude Certain Testimony Regarding Chance and That Witnesses Have No Opinion or Critique of The Defendant's Actions or Inactions MIL 8, 200 MOTION in Limine to Disallow Reference to Karen Bartlett Not Reading the Professional Sulindac Label, Her Undesignated Opinions, Her Other Skin Reactions and Unrelated Prior Events and any Undesignated Opinion and The Lack of an Undesignated Opinion
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Legal Document (Payment Possibly Required) 213 Filed: 6/7/2010, Entered: None
MOTION to Strike 205 Motion in Limine Numbers 2 Through 31 For Violations of the Local Rules filed by Karen L. Bartlett. Follow up on Objection on 6/24/2010. (Jensen, Keith) (Entered: 06/07/2010)
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Legal Document (Payment Possibly Required) 212 Filed: 5/28/2010, Entered: None
NOTICE of Plaintiff's Objections to Witness List and Objections to Counter Designations of Deposition Testimony by Karen L. Bartlett. (Jensen, Keith) (Entered: 05/28/2010)
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Legal Document (Payment Possibly Required) 211 Filed: 5/28/2010, Entered: None
DEPOSITION - Objection to Designation re: 180 Deposition Designation, 178 Deposition Designation, 206 Deposition Counter Designation,,, by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 05/28/2010)
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Legal Document (Payment Possibly Required) 210 Filed: 5/28/2010, Entered: None
Witness List Objections and Objections to Plaintiff's Exhibit List by Mutual Pharmaceutical Company, Inc.. (Attachments: # 1 Exhibit D's Objections to P's Exhibit List)(Cosgrove, Paul) (Entered: 05/28/2010)
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Legal Document (Payment Possibly Required) 209 Filed: 5/28/2010, Entered: None
NOTICE of Plaintiff's Objections to Mutual's Designated Exhibits by Karen L. Bartlett. (Jensen, Keith) (Entered: 05/28/2010)
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Legal Document (Payment Possibly Required) 208 Filed: 5/27/2010, Entered: None
REPLY to Objection to Motion re 168 MOTION to Exclude or Limit Testimony of Messrs. Pollack, Morrison & Sporn and For Ruling on Deposition Objections filed by Karen L. Bartlett. (Jensen, Keith) (Entered: 05/27/2010)
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Legal Document (Payment Possibly Required) 207 Filed: 5/26/2010, Entered: None
MOTION for Eric Roberson to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-623392.) filed by Karen L. Bartlett. Follow up on Objection on 6/14/2010. (Attachments: # 1 Exhibit (Affidavit))(Jensen, Keith) (Entered: 05/26/2010)
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Legal Document (Payment Possibly Required) 206 Filed: 5/24/2010, Entered: None
DEPOSITION Counter Designation to: 180 Deposition Designation by Mutual Pharmaceutical Company, Inc.. (Attachments: # 1 Exhibit B-1: Bartlett, Greg (10_28_09)., # 2 Exhibit B-2: Bartlett, Greg (2_17_2010)., # 3 Exhibit B-3 - Chodosh, James, # 4 Exhibit B-4: Dettery, Robert_1, # 5 Exhibit B-5: Dettery, Robert_2, # 6 Exhibit B-6: Dohlman, Claes, # 7 Exhibit B-7: Ergin, Tahsin, # 8 Exhibit B-8: Goldberg, Richard, # 9 Exhibit B-9: Hayer, Gregory, # 10 Exhibit B-10: Kim, Nam, # 11 Exhibit B-11: Lane, Leo, # 12 Exhibit B-12: Mailhot, Lynda, # 13 Exhibit B-13: Mello, Karen, # 14 Exhibit B-14: Padulo, Rebecca., # 15 Exhibit B-15: Ryan, Colleen, # 16 Exhibit B-16: Sadrnoori, Bijan, # 17 Exhibit B-17: Schultz, John, # 18 Exhibit B-18: Selig, Yookyung, # 19 Exhibit B-19: Sporn, Douglas, # 20 Exhibit B-20: Stein, Joel, # 21 Exhibit B-21: Werynski, Andrea_1, # 22 Exhibit B-22: Werynski, Andrea_2, # 23 Exhibit B-23: Wolpowitz, Dean)(Cosgrove, Paul) (Entered: 05/25/2010)
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Legal Document (Payment Possibly Required) 205 Filed: 5/24/2010, Entered: None Motion in Limine
MOTION in Limine filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 6/10/2010. (Cosgrove, Paul) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 204 Filed: 5/24/2010, Entered: None
Assented to MOTION to Exceed Page Limit to File Motions in Limine in Excess of 15 Pages filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 203 Filed: 5/24/2010, Entered: None
Exhibit s 17 through 34 to 199 MOTION Motion for Judicial Notice Under Rule 201 of the Federal Rules of Evidence by Mutual Pharmaceutical Company, Inc.. (Attachments: # 1 Exhibit 18 - Douglas Sporn 12-24-96, # 2 Exhibit 19 - FDA #18-90, # 3 Exhibit 20 - Guidance for Industry June 2002, # 4 Exhibit 21 - 44 Fed Reg 37434, # 5 Exhibit 22 -MAPP 6020.10, # 6 Exhibit 23 - 63 Fed Reg 66396, # 7 Exhibit 24 - ANDA Checklist, # 8 Exhibit 25 - FDA Ensures Equivalence of Generic Drugs, # 9 Exhibit 26 - FDA Guidance - Proposed - Postmarketing Surviellance, # 10 Exhibit 27 - FDA PowerPoint on Generic Drugs, # 11 Exhibit 28 - FDA-Approved Bargain Drugs Generic Products, # 12 Exhibit 29 - Greater Access to Generic Drugs, # 13 Exhibit 30 - MAPP 5240.8, # 14 Exhibit 31 - MAPP 6700.4, # 15 Exhibit 32 - Weaver Powerpoint, # 16 Exhibit 33-1 - GAO Report, # 17 Exhibit 33-2 - GAO Report, # 18 Exhibit 34 - www.FDA.gov and docs)(Cosgrove, Paul) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 202 Filed: 5/24/2010, Entered: None
Objection to 178 Deposition Designation and Counter Designations filed by Karen L. Bartlett. (Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 201 Filed: 5/24/2010, Entered: None Motion in Limine
MOTION in Limine to Exclude Reference To Witnesses Not Called by the Plaintiff to Testify at Trial MIL 15 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: # 1 Memorandum of Law re MIL 15: Exclude Ref to Witnesses not called by PL to testify at Trial, # 2 Exhibit A Munroe v Barr Lab 3.12.10)(Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 200 Filed: 5/24/2010, Entered: None Motion in Limine
MOTION in Limine to Disallow Reference to Karen Bartlett Not Reading the Professional Sulindac Label, Her Undesignated Opinions, Her Other Skin Reactions and Unrelated Prior Events and any Undesignated Opinion and The Lack of an Undesignated Opinion MIL 14 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: # 1 Memorandum of Law re MIL 14: Disallow Ref to Karen Bartlett Not Reading the Professional Sulindac Label, # 2 Exhibit A Bartlett, Karen, # 3 Exhibit B Padulo, Rebecca 10.13.09, # 4 Exhibit C Selig, Yookyung 10.1.09, # 5 Exhibit D Stein, Joel 8.6.06, # 6 Exhibit E Bartlett, Greg 2010 #2 Trial Preservation)(Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 199 Filed: 5/24/2010, Entered: None
MOTION Motion for Judicial Notice Under Rule 201 of the Federal Rules of Evidence filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 6/10/2010. (Attachments: # 1 Exhibit (Affidavit) Declaration of Cosgrove, # 2 Exhibit 1 - Sulindac label, # 3 Exhibit 2 - P.L. 98-417, # 4 Exhibit 3-1 - New Drug Application, # 5 Exhibit 3-2 - New Drug Application, # 6 Exhibit 4-1 - Drug Price Competition 9-6-84, # 7 Exhibit 4-2 - Drug Price Compeition 9-6-84, # 8 Exhibit 5 - Drug Price Compeition 9-12-84, # 9 Exhibit 6 - 57 Fed Reg 17950, # 10 Exhibit 7 - 48 Fed Reg 2751, # 11 Exhibit 8 - 21 CFR 201.57, # 12 Exhibit 9-1 - 65 Fed Reg 81082, # 13 Exhibit 9-2 - 65 Fed Reg 81082, # 14 Exhibit 10-1 - 54 Fed. Reg. 28872, # 15 Exhibit 10-2 - 54 Fed. Reg. 28872, # 16 Exhibit 10-3 - 54 Fed. Reg. 28872, # 17 Exhibit 11 - Guidance for Industry Nov. 1999, # 18 Exhibit 12 - Guidance for Industry May 2000, # 19 Exhibit 13 - 30 Fed Reg 993, # 20 Exhibit 14 - Changes in Labeling #8-89, # 21 Exhibit 15 - Guidance for Industry Rev 1 April 2004, # 22 Exhibit 16 - FDA's CDER Handbook)(Cosgrove, Paul) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 198 Filed: 5/24/2010, Entered: None Motion in Limine
MOTION in Limine to Exclude Reference To The Health or Health Status of All Persons Other Than The Plaintiff MIL 13 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: # 1 Memorandum of Law re MIL 13: Exclude Ref to the Health or Health Status, # 2 Exhibit A Duffy depo)(Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 197 Filed: 5/24/2010, Entered: None Motion in Limine
MOTION in Limine to Exclude Argument or Reference To The Impact of a Verdict for the Plaintiff on the Community, Insurance, The Drug Industry (Generic or Branded) or Drug Research MIL 12 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: # 1 Memorandum of Law re MIL 12: Exclude Argument or Ref to Impact of a Verdict)(Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 196 Filed: 5/24/2010, Entered: None Motion in Limine
MOTION in Limine to Disallow Argument or Reference on How Hard any Witness or Others Worked at the FDA, Any Reference To Defendant as a Good Company with Good People, Good Drugs or Good Acts MIL 11 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: # 1 Memorandum of Law re MIL 11: Disallow Argument or Ref Hard Work at FDA, # 2 Exhibit A Ehhreich Dep 2 4 10, # 3 Exhibit B Munroe v Barr Lab 3.12.2010)(Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 195 Filed: 5/24/2010, Entered: None Motion in Limine
MOTION in Limine to Exclude Reference or Argument Related To Lawyer's Fees, Incentives and Related Matters and for a Prospective Jury Panel Instructions Not To Conduct Internet Searches Regarding SJS MIL 10 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: # 1 Memorandum of Law re MIL 10: Exclude Ref or Argument Relates to Lawyer's Fees, Incentatives and Related Matters, # 2 Exhibit A SJS Foundatin Homepage 5 15 10, # 3 Exhibit B Bartlett Karen depo)(Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 194 Filed: 5/24/2010, Entered: None Motion in Limine
MOTION in Limine to Disallow Reference To Prior Complaint, A Former Plaintiff, Former Defendant and Dismissed Claims MIL 9 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: # 1 Memorandum of Law re MIL 9: Disallow Ref to Prior Complaint. frmr PL, frmr D and Dismissed Claim, # 2 Exhibit A Comp 1.9.08)(Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 193 Filed: 5/24/2010, Entered: None Motion in Limine
MOTION in Limine to Exclude Certain Testimony Regarding Chance and That Witnesses Have No Opinion or Critique of The Defendant's Actions or Inactions MIL 8 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: # 1 Memorandum of Law re MIL 8: Exclude Certain Testimony RE Chance)(Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 192 Filed: 5/24/2010, Entered: None Motion in Limine
MOTION in Limine to Exclude Questioning, Reference or Testimony Regarding What The FDA or It's Personnel "Want" MIL 7 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: # 1 Memorandum of Law re MIL 7: Exclude Questioning Ref or Testimony re What FDA wants, # 2 Exhibit A Tackett, Randell Vol 1 11 11 09)(Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 191 Filed: 5/24/2010, Entered: None Motion in Limine
MOTION in Limine to Disallow Reference To Testimony By Dr. Tahsin Ergin Relating To Speculative Opinions Arising From Comments In An Unsigned Declaration and Other Information Related To These Matters MIL 6 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: # 1 Memorandum of Law re MIL 6: Disallow Ref Testimony by Dr. Ergin, # 2 Exhibit A Ergin Declaration, # 3 Exhibit B Def Ex D1, # 4 Exhibit C Ergin Dep 8.11.09)(Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 190 Filed: 5/24/2010, Entered: None Motion in Limine
MOTION in Limine to Disallow Reference To Matters Not Addressed By A Ruling on Plaintiff's Amended Motion To Exclude or Limit Expert Testimony [Doc.128] MIL 5 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: # 1 Memorandum of Law re MIL 5: Disallow Ref To Matters Not Addressed by Ruling M2Exclude or Limit Expert Testimony, # 2 Exhibit A Memo-Amended M2 Excl or Limit Doc 128-1, # 3 Exhibit B Reply in Sup of Amen M2 Excl Doc 151)(Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 189 Filed: 5/24/2010, Entered: None Motion in Limine
MOTION in Limine to Certain Jury Instructions MIL 4 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: # 1 Memorandum of Law re MIL 4:Certain Jury Instructions)(Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 188 Filed: 5/24/2010, Entered: None Motion in Limine
MOTION in Limine to Exclude References To and Opinions Based on Collateral Sources and For Relief Regarding The Defense Life Care Planner Who Failed To Apply The Collateral Source Rule MIL 3 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: # 1 Memorandum of Law re 3: Exclude Ref To and Opinions Based in Collateral Sources, # 2 Exhibit A Goldberg Note KB3494-3495 7.24.09, # 3 Exhibit B Hyland Depo 10.18.09, # 4 Exhibit C Hyland Life Care Plan (for Karen Bartlett), # 5 Exhibit D Mattson Depo 12.21.09, # 6 Exhibit E Mattson Life Care Plan (for Karen Bartlett), # 7 Exhibit F Greg Bartlett Dep 10.28.09, # 8 Exhibit G Greg Bartlett Dep 2.17.10, # 9 Exhibit H Fort Dearborn Ins. Co.'s Denial Letter, # 10 Exhibit I VA Chrono Chart with surgeries 9 9 09)(Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 187 Filed: 5/24/2010, Entered: None
Assented to MOTION for Leave to File Motion in Limine No. 3 In Excess of 15 Pages filed by Karen L. Bartlett. (Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 186 Filed: 5/24/2010, Entered: None Motion in Limine
MOTION in Limine to Disallow Reference to Gregory Bartlett's Criminal Arrests, Convictions, Incarcerations and Other Information Related to These Matters MIL 2 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: # 1 Memorandum of Law re MIL 2: Disallow Ref to Greg Bartlett's Criminal Arrests, # 2 Exhibit A Bartlett, Greg 2009.10.28, # 3 Exhibit B Bartlett, Greg 2010 #1 Discovery, # 4 Exhibit C Bartlett, Greg 2010 #2 Trial Preservation)(Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 185 Filed: 5/24/2010, Entered: None Motion in Limine
MOTION in Limine to Disallow Reference To Generic Drugs and Lower Prices and Related Matters MIL 1 filed by Karen L. Bartlett. Follow up on Objection on 6/10/2010. (Attachments: # 1 Memorandum of Law re MIL 1: Disallow Ref to Generic Drugs, # 2 Exhibit A Ehrreich, Stewart, # 3 Exhibit B Ergin, Tashin 8.11.09, # 4 Exhibit C Morrison Expert Testimony for Joe Thomas)(Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 184 Filed: 5/24/2010, Entered: None
NOTICE of Index of Plaintiff's Motions in Limine by Karen L. Bartlett. (Jensen, Keith) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 183 Filed: 5/19/2010, Entered: None
NOTICE of Forthcoming Motion for Leave of Court to File Reply by Karen L. Bartlett. (Jensen, Keith) (Entered: 05/19/2010)
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Legal Document (Payment Possibly Required) 182 Filed: 5/18/2010, Entered: None
Witness List by Karen L. Bartlett. (Jensen, Keith) (Entered: 05/18/2010)
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Legal Document (Payment Possibly Required) 181 Filed: 5/18/2010, Entered: None
NOTICE of Exhibit List by Karen L. Bartlett. (Attachments: # 1 Exhibit Exhibit List)(Jensen, Keith) (Entered: 05/18/2010)
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Legal Document (Payment Possibly Required) 180 Filed: 5/17/2010, Entered: None
DEPOSITION Designation by Karen L. Bartlett. (Attachments: # 1 Exhibit Deposition Designations)(Jensen, Keith) (Entered: 05/17/2010)
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Legal Document (Payment Possibly Required) 179 Filed: 5/17/2010, Entered: None
Witness List filed pursuant to May 3, 2010 Court Order by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul) (Entered: 05/17/2010)
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Legal Document (Payment Possibly Required) 178 Filed: 5/17/2010, Entered: None
DEPOSITION Designation by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 05/17/2010)
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Legal Document (Payment Possibly Required) 177 Filed: 5/17/2010, Entered: None
Exhibit List by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul) (Entered: 05/17/2010)
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Legal Document (Payment Possibly Required) 176 Filed: 5/17/2010, Entered: None
RESPONSE to Motion re 164 MOTION to Dismiss Claims Against United Research Laboratories, Inc. and Claims For Breach of Express and Implied Warranty Against Mutual Pharmaceutical Company, Inc. filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul) (Entered: 05/17/2010)
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Legal Document (Payment Possibly Required) 175 Filed: 5/17/2010, Entered: None
RESPONSE to Motion re 168 MOTION to Exclude or Limit Testimony of Messrs. Pollack, Morrison & Sporn and For Ruling on Deposition Objections filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul) (Entered: 05/17/2010)
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Legal Document (Payment Possibly Required) 174 Filed: 5/14/2010, Entered: None Court Filing
Partially Assented to MOTION to Continue Motion Hearing of May 25, 2010 to June 1, 2010 filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 6/1/2010. (Judge, Stephen) (Entered: 05/14/2010)
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Legal Document (Payment Possibly Required) 173 Filed: 5/12/2010, Entered: None
Assented to MOTION for Leave to File Overlength Reply in Further Support of Defendants' Motion for Summary Judgment filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul) (Entered: 05/12/2010)
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Legal Document (Payment Possibly Required) 172 Filed: 5/11/2010, Entered: None
MEMORANDUM in Support re 146 MOTION for Summary Judgment (Reply) filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul) (Entered: 05/11/2010)
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Legal Document (Payment Possibly Required) 171 Filed: 5/3/2010, Entered: None
Notice of Intent to Reply to Objection to 146 MOTION for Summary Judgment, 145 MOTION for Summary Judgment Based on Federal Preemption. Follow up on Reply on 5/20/2010. (Cosgrove, Paul) (Entered: 05/03/2010)
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Legal Document (Payment Possibly Required) 170 Filed: 5/3/2010, Entered: None Court Filing
SCHEDULING ORDER : Exhibit List/Witness List etc. due by 5/17/2010. Motions in Limine, etc. due 5/24/2010; Objections to motions 6/7/2010. Objections to exhibit/witness list etc. 5/28/2010. Pretrial Statements and Jury Instructions due 7/12/2010. Final Pretrial Conference set for 8/2/2010 04:00 PM before Judge Joseph N. Laplante. Jury Selection and Trial set for 8/16/2010 09:30 AM before Judge Joseph N. Laplante. Signed by Judge Joseph N. Laplante. (dae) (Entered: 05/03/2010)
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Legal Document (Payment Possibly Required) 169 Filed: 4/30/2010, Entered: None
OBJECTION to 145 MOTION for Summary Judgment Based on Federal Preemption and Memorandum in Support Thereof filed by Karen L. Bartlett. (Attachments: # 1 Exhibit (Affidavit) Declaration of Keith M. Jensen, # 2 Exhibit A Pollock Ps Obj's to Dep Testimony, # 3 Exhibit B Morrison Ps Obj's to Dep Testimony, # 4 Exhibit C Sporn Ps Obj's to Dep Testimony, # 5 Exhibit D Dettery Robert Combined, # 6 Exhibit E Publication - Label May Differ, # 7 Exhibit F Dr. Charles Hoppes FDA 5.08, # 8 Exhibit G Second Suppl Rep Tackett, # 9 Exhibit H Tackett, Ph.D Randall Vol 1 2.23.10)(Jensen, Keith) (Entered: 04/30/2010)
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Legal Document (Payment Possibly Required) 168 Filed: 4/30/2010, Entered: None
MOTION to Exclude or Limit Testimony of Messrs. Pollack, Morrison & Sporn and For Ruling on Deposition Objections filed by Karen L. Bartlett. Follow up on Objection on 5/17/2010. (Attachments: # 1 Memorandum of Law In Support of PL M2Exclude, # 2 Exhibit 1 Def 9.2.09 Disclosures, # 3 Exhibit 2 M2Q FW's Doc 66 9.4.09, # 4 Exhibit 3 Def Disc & ID of Ex & Reps 10.22.09, # 5 Exhibit 4 Dep Pollock, # 6 Exhibit 4A Pollock Ps Obj's to Depo Testimony, # 7 Exhibit 5 Dep Morrison, # 8 Exhibit 5A Morrison Ps Obj's to Dep Testimony, # 9 Exhibit 6 Dep Sporn, # 10 Exhibit 6A Sporn Ps Obj's to Dep Testimony, # 11 Exhibit 7 2008.12.8 Pollock Sulindac CitPet, # 12 Exhibit 8 Pollock Designation & Report Part 1, # 13 Exhibit 8 Pollock Designation & Report Part 2, # 14 Exhibit 9 Morrison Expert Trial Testimony, # 15 Exhibit 10 Morrison Desig and Report Excerpts Part 1, # 16 Exhibit 10 Morrison Desig and Report Excerpts Part 2, # 17 Exhibit 11 Order Excluding Waymack, # 18 Exhibit 12 Ps M2 Excl Waymack, # 19 Exhibit 13 Dep Waymack, # 20 Exhibit 14 Waymack Report, # 21 Exhibit 15 Ds Res to M2 Exclu Waymack)(Jensen, Keith) (Entered: 04/30/2010)
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Legal Document (Payment Possibly Required) 167 Filed: 4/30/2010, Entered: None
OBJECTION to 146 MOTION for Summary Judgment and Memorandum in Support filed by Karen L. Bartlett. (Attachments: # 1 Exhibit (Affidavit) Declaration of Keith M. Jensen, # 2 Exhibit 1 Dep Ergin, Tahsin 8.11.09, # 3 Exhibit 2 Ergin signed Declaration 5.26.09, # 4 Exhibit 3 Ergin unsigned draft declaration, # 5 Exhibit 4 EuroScar NSAIDS & SJS-TEN, # 6 Exhibit 5 Fitpatrick's on Derm Aspirin, # 7 Exhibit 6 Dep of Valuck Robert, # 8 Exhibit 7 Tackett Randall Report, # 9 Exhibit 8 Salisbury Report and CV, # 10 Exhibit 9 Tackett R Vol1 and Vol2, # 11 Exhibit 10 Dep of Salisbury R, # 12 Exhibit 11 Dep of Stern, Robert, # 13 Exhibit 12 Dep of Schulz, John, # 14 Exhibit 13 Dep of Ryan, Colleen, # 15 Exhibit 14 Dep of Kim, Nam, # 16 Exhibit 15 Schulz TEN is a medication induced, # 17 Exhibit 16 50% TEN survivors disabling eye lesions, # 18 Exhibit 17 Dibenedetto-Ergin 11.09, # 19 Exhibit 18 Ergin Dep - 2002 Sulindac label, # 20 Exhibit 19 Clinoril Label SE 51 Part 1, # 21 Exhibit 19 Clinoril Label SE 51 Part 2, # 22 Exhibit 19 Clinoril Label SE 51 Part 3, # 23 Exhibit 20 Dettery Robert Combined, # 24 Exhibit 21 Second Supplemental Report of Randall Tackett, Ph.D., # 25 Exhibit 22 Tackett, Ph.D., Randall Vol 1 2.23.10, # 26 Exhibit 23 P 1st Am Complaint, # 27 Exhibit 24 Bartlett Photos Part 1, # 28 Exhibit 24 Bartlett Photos Part 2, # 29 Exhibit 25 Dep of Bartlett, Greg 2, # 30 Exhibit 26 Dep of Mattson, Jane, # 31 Exhibit 27 Dep of Chodosh, James, # 32 Exhibit 28 Exh 50 Ergin, # 33 Exhibit 28-1, # 34 Exhibit 28-2, # 35 Exhibit 28-3, # 36 Exhibit 28-4, # 37 Exhibit 28-5, # 38 Exhibit 28-6, # 39 Exhibit 28-7, # 40 Exhibit 28-8, # 41 Exhibit 28-9, # 42 Exhibit 28-11, # 43 Exhibit 28-12, # 44 Exhibit 28-13, # 45 Exhibit 28-14, # 46 Exhibit 28-15, # 47 Exhibit 29 1996 Cutaneous Med-Surgery, # 48 Exhibit 30 Bartlett Karen, # 49 Exhibit 31 Deps Werynski Combined, # 50 Exhibit 33 Goldberg, Richard 10.28.09, # 51 Exhibit 34 Pondimin PDR 1996)(Jensen, Keith) (Entered: 04/30/2010)
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Legal Document (Payment Possibly Required) 166 Filed: 4/30/2010, Entered: None
SURREPLY to Reply to 131 MOTION for Summary Judgment filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit (Affidavit) Declaration of P. Cosgrove in Support of Surreply, # 2 Exhibit Exhibit 1: Email from B. Ballew, Esq. to P. Cosgrove, Esq., # 3 Exhibit Exhibit 2: Excerpts of the Deposition of Plaintiff K. Bartlett)(Cosgrove, Paul) (Entered: 04/30/2010)
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Legal Document (Payment Possibly Required) 165 Filed: 4/30/2010, Entered: None
Assented to MOTION for Leave to File Overlength Surreply to Plaintiff's Motion for Partial Summary Judgment filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul) (Entered: 04/30/2010)
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Legal Document (Payment Possibly Required) 164 Filed: 4/30/2010, Entered: None Motion to Dismiss
MOTION to Dismiss Claims Against United Research Laboratories, Inc. and Claims For Breach of Express and Implied Warranty Against Mutual Pharmaceutical Company, Inc. filed by Karen L. Bartlett. Follow up on Objection on 5/17/2010. (Jensen, Keith) (Entered: 04/30/2010)
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Legal Document (Payment Possibly Required) 163 Filed: 4/23/2010, Entered: None
Assented to MOTION to Exceed Page Limit to File Objection and Response to Defendants' Motion for Summary Judgment filed by Karen L. Bartlett. (Jensen, Keith) (Entered: 04/23/2010)
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Legal Document (Payment Possibly Required) 162 Filed: 4/23/2010, Entered: None
Assented to MOTION to Exceed Page Limits to File Objection and Response to Defendants' Motion for Summary Judgment Based on Federal Preemption filed by Karen L. Bartlett. (Jensen, Keith) (Entered: 04/23/2010)
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Legal Document (Payment Possibly Required) 161 Filed: 4/22/2010, Entered: None Court Filing
ORDER re continuance of final pretrial, trial and related deadlines. Signed by Judge Joseph N. Laplante. (dae) (Entered: 04/22/2010)
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Legal Document (Payment Possibly Required) 160 Filed: 4/21/2010, Entered: None
MOTION to Excuse Plaintiff and Request for Leave regarding Late Refiling of Plaintiff's Reply in Support of her Amended Motion to Exclude or Limit Expert Testimony filed by Karen L. Bartlett. Follow up on Objection on 5/10/2010. (Attachments: # 1 Exhibit (Affidavit) Declaration of Keith Jensen)(Jensen, Keith) (Entered: 04/21/2010)
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Legal Document (Payment Possibly Required) 159 Filed: 4/14/2010, Entered: None
Notice of Intent to Surreply to Reply to to Defendants' Objection to Plaintiff's Partial Summary Judgment Motion. Surreply Follow Up on 5/3/2010. (Cosgrove, Paul) (Entered: 04/14/2010)
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Legal Document (Payment Possibly Required) 158 Filed: 4/13/2010, Entered: None
REPLY to Objection to Motion re 131 MOTION for Summary Judgment filed by Karen L. Bartlett. (Attachments: # 1 Exhibit A FDA Response to Salisbury - Tackett Cit pet, # 2 Exhibit B 41 356h 200mg Signed forms thru 8.04 Part 1, # 3 Exhibit B 41 356h 200mg Signed forms thru 8.04 Part 2, # 4 Exhibit C Ergin signed Declaration 5.26.09, # 5 Exhibit D Ergin unsigned draft declarations Part 1, # 6 Exhibit D Ergin unsigned draft declarations Part 2, # 7 Exhibit E Email w. Bottle & Pill Pics)(Jensen, Keith) (Entered: 04/13/2010)
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Legal Document (Payment Possibly Required) 157 Filed: 4/12/2010, Entered: None
MEMORANDUM re 142 MOTION to Exclude Testimony of Plaintiff's Expert Witnesses Plaintiff's Objection and Response filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 1 2.4.05 MGH Burn Diagram 42% TEN, # 2 Exhibit 2 Ojikutu Pages, # 3 Exhibit 3 Dep of Ryan, Colleen, # 4 Exhibit 4 Dep of Kim, Nam, # 5 Exhibit 5 Stern, Robert 2.15.10, # 6 Exhibit 6 Schulz, John 10.12.09, # 7 Exhibit 7 Schulz CV, # 8 Exhibit 8 4.14.05 MGH DC Summary, # 9 Exhibit 9 Cz MGH Discharge Sum #2 Schulz-Sulindac, # 10 Exhibit 10 4.27.05 Spaulding DC Summ, # 11 Exhibit 11 Dr. Leo Lane 10.03.05, # 12 Exhibit 12 10.6.05 Schulz Consult, # 13 Exhibit 13 Dep of Sadrnoori, B, # 14 Exhibit 14A Skin Graft and Pain Quotes, # 15 Exhibit 14B Skin Graft and Pain Quotes, # 16 Exhibit 14C Skin Graft and Pain Quotes, # 17 Exhibit 14D Skin Graft and Pain Quotes, # 18 Exhibit 14E Skin Graft and Pain Quotes, # 19 Exhibit 14F Skin Graft and Pain Quotes, # 20 Exhibit 15A MGH Pain Meds, # 21 Exhibit 15B MGH Pain Meds, # 22 Exhibit 15C MGH Pain Meds, # 23 Exhibit 15D MGH Pain Meds, # 24 Exhibit 16 Tackett Objections sv'd 11.11.09, # 25 Exhibit 17 Salisbury Dep Obj's sv'd 11.15.09, # 26 Exhibit 18 Dep of Tackett R 11.09, # 27 Exhibit 19 Dep of Salisbury R, # 28 Exhibit 20 Citizen's Pet 2 05, # 29 Exhibit 21 Bextra Health Canada Filing, # 30 Exhibit 22 Dep of Tackett R 2.23.10, # 31 Exhibit 23 FDA Resp to Cit Pet 6.22.06, # 32 Exhibit 24 Lofton on Tackett & Salisbury, # 33 Exhibit 25 Tackett, Randall Report and CV, # 34 Exhibit 26 Order Denying Daubert re Dr. Salisbury, # 35 Exhibit 27A Robinson case Daubert Mot re Salisbury, # 36 Exhibit 27B Robinson case Daubert Mot re Salisbury, # 37 Exhibit 28A Salisbury Report and CV, # 38 Exhibit 28B Salisbury Report and CV, # 39 Exhibit 29 Dore- Salisbury '07, # 40 Exhibit 30 Robinson Case - Salisbury Depo, # 41 Exhibit 31 Dep of Valluck, R, # 42 Exhibit 32 Dep of Dettery Robert V1 8.28.09, # 43 Exhibit 33 Order Denying Daubert re Dr. Tackett, # 44 Exhibit 34 Disclosures & Iden of Spec & Generic, # 45 Exhibit 35 Disclosures Supp 10.1.09, # 46 Exhibit 36 Declaration Keith Jensen, # 47 Exhibit 37 12.30.04 Ergin visit, # 48 Exhibit 38 2.2.05 Caritas ID Consult, # 49 Exhibit 39 Dep of Mello, Karen 8.20.09, # 50 Exhibit 40 Schulz 10 Yr Exp with TEN, # 51 Exhibit 41 Dep of Dohlman, C 9.10.09, # 52 Exhibit 42 Dep Chodosh, J 9.10.09, # 53 Exhibit 43 FDA rec to pull Bextra frm market, # 54 Exhibit 44 Mocken SCARstdygrp Sulin most cases SJS TEN, # 55 Exhibit 45 Eye surgeries as of Sept 07.09, # 56 Exhibit 46 Dep of Mattson Jane)(Jensen, Keith) (Entered: 04/12/2010)
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Legal Document (Payment Possibly Required) 156 Filed: 4/12/2010, Entered: None
Assented to MOTION to Exceed LR 7.1 Page Limit filed by Karen L. Bartlett. (Jensen, Keith) (Entered: 04/12/2010)
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Legal Document (Payment Possibly Required) 155 Filed: 4/12/2010, Entered: None
Assented to MOTION for Leave to File Overlength Reply filed by Karen L. Bartlett. (Attachments: # 1 Exhibit A FDA Response to Salibury Tackett, # 2 Exhibit B 41 356h-200mg Signed Forms thru 8.04 Part 1, # 3 Exhibit B 41 356h-200mg Signed Forms thru 8.04 Part 2, # 4 Exhibit C Ergin Signed Declaration 5.26.09, # 5 Exhibit D Ergin unsigned draft declaration Part 1, # 6 Exhibit D Ergin unsigned draft declaration Part 2, # 7 Exhibit E Email w. Bottle & Pill Pics)(Jensen, Keith) (Entered: 04/12/2010)
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Legal Document (Payment Possibly Required) 154 Filed: 4/8/2010, Entered: None Court Filing
ORDER - clerk to remove case from the June trial calendar. Counsel to confer on a new trial date after 8/1/10. Notice of Compliance Deadline set for 4/29/2010. Signed by Judge Joseph N. Laplante. (dae) (Entered: 04/08/2010)
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Legal Document (Payment Possibly Required) 153 Filed: 4/6/2010, Entered: None
SURREPLY to Reply to 128 Amended MOTION to Exclude Or Limit Expert Testimony filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul) (Entered: 04/06/2010)
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Legal Document (Payment Possibly Required) 152 Filed: 4/5/2010, Entered: None
NOTICE of Supplemental Authority in Support of Ps Amended Motion To Exclude or Limit Expert Testimony by Karen L. Bartlett. (Attachments: # 1 Exhibit Order Excluding Former FDA Officer, # 2 Exhibit Ps M2 Exclude Fmr FDA Officer, # 3 Exhibit Former FDA Officer Dep., # 4 Exhibit Former FDA Officer Rep., # 5 Exhibit Ds Resp to Ps Mot. to Excl. Fmr FDA Officer)(Jensen, Keith) Modified on 4/5/2010 to add: docket entry relationship to Motion 128 .(dae). (Entered: 04/05/2010)
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Legal Document (Payment Possibly Required) 151 Filed: 4/5/2010, Entered: None
REPLY to Objection to Motion re 128 Amended MOTION to Exclude Or Limit Expert Testimony filed by Karen L. Bartlett. (Attachments: # 1 Exhibit Dr. Furberg Rep., # 2 Exhibit Dr. Kronmal Rep., # 3 Exhibit Dr. Bell Rep., # 4 Exhibit Dr. Bonkovsky Rep., # 5 Exhibit Dr. Gale Rep., # 6 Exhibit Dr. Julie Rep., # 7 Exhibit Sulindac '02 operative label)(Jensen, Keith) (Entered: 04/05/2010)
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Legal Document (Payment Possibly Required) 150 Filed: 4/2/2010, Entered: None
NOTICE of Forthcoming Motion for Leave of Court to File Reply by Karen L. Bartlett. (Jensen, Keith) (Entered: 04/02/2010)
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Legal Document (Payment Possibly Required) 149 Filed: 3/31/2010, Entered: None
OBJECTION to 131 MOTION for Summary Judgment filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit (Affidavit) Declaration of Cosgrove, # 2 Exhibit 1 - Ergin Deposition Excerpts, # 3 Exhibit 2 - PDR Reference, # 4 Exhibit 3 - Sulindac Label, # 5 Exhibit 4 - Stern Deposition Excerpts, # 6 Exhibit 5 - Stern Report, # 7 Exhibit 6 - Brooks Pharmacy Advisor, # 8 Exhibit 7 - K. Bartlett Deposition Excerpts, # 9 Exhibit 8 - G. Bartlett Deposition Excerpts, # 10 Exhibit 9 - Stern Supplemental Report, # 11 Exhibit 10 - Ehrreich Report, # 12 Exhibit 11 - Dettery Deposition Excerpts, # 13 Exhibit 12 - Salisbury Deposition Excerpts, # 14 Exhibit 13 - Werynski Deposition Excerpts, # 15 Exhibit 14 - 2/25/10 Email, # 16 Exhibit 15 - Sadrnoori Deposition Excerpts, # 17 Exhibit 16 - Chodosh Deposition Excerpts, # 18 Exhibit 17 - Pliskow Deposition Excerpts, # 19 Exhibit 18 - Stern Errata Sheet, # 20 Exhibit 19 - Ehrreich Deposition Excerpts, # 21 Exhibit 20 - Plaintiff's Answers to ROGS, # 22 Exhibit 21 - Notice of Deposition Duces Tecum, # 23 Exhibit 22 - DeBenedetto Disclosure, # 24 Exhibit 23 - Tackett Deposition Excerpts)(Cosgrove, Paul) (Entered: 03/31/2010)
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Legal Document (Payment Possibly Required) 148 Filed: 3/31/2010, Entered: None
Assented to MOTION to Exceed Page Limits to File Objection to Dispositive Motion filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul) (Entered: 03/31/2010)
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Legal Document (Payment Possibly Required) 147 Filed: 3/30/2010, Entered: None
Assented to MOTION for Leave to File Reply Exceeding 10 pages by Less Than 4 pages filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 1 Dr. Furberg, # 2 Exhibit 2 Dr. Kronmal, # 3 Exhibit 3 Dr. Bell, # 4 Exhibit 4 Dr. Bonkovsky, # 5 Exhibit 5 Dr. Gale, # 6 Exhibit 6 Dr. Julie, # 7 Exhibit 7 Sulindac '02 operative label)(Jensen, Keith) (Entered: 03/30/2010)
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Legal Document (Payment Possibly Required) 146 Filed: 3/30/2010, Entered: None Motion for Summary Judgment
MOTION for Summary Judgment filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 5/3/2010. (Attachments: # 1 Exhibit (Affidavit) Declaration of Cosgrove, # 2 Exhibit 1 - K. Bartlett Deposition, # 3 Exhibit 2-1 - K. Bartlett Medical Records, # 4 Exhibit 2-2 - K. Bartlett Medical Records, # 5 Exhibit 2-3 - K. Bartlett Medical Records, # 6 Exhibit 3 - Brooks Pharmacy Advisor, # 7 Exhibit 4 - Roujeau Article, # 8 Exhibit 5 - Mutual's Supplemental Response to Production, # 9 Exhibit 6 - Dettery Deposition, # 10 Exhibit 7 - FDA Approval letter to Mutual, # 11 Exhibit 8 - Mutual's Supplemental Answers to Interrogatories, # 12 Exhibit 9 - Werynski Deposition, # 13 Exhibit 10 - Lux v. Teva Order, # 14 Exhibit 11 - Plaintiff's Answers to Mutual's Interrogatories)(Cosgrove, Paul) (Entered: 03/30/2010)
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Legal Document (Payment Possibly Required) 145 Filed: 3/30/2010, Entered: None Motion for Summary Judgment
MOTION for Summary Judgment Based on Federal Preemption filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 5/3/2010. (Attachments: # 1 Exhibit (Affidavit) Declaration of Cosgrove, # 2 Exhibit 1 - Morrison Deposition, # 3 Exhibit 2 - Pollock Deposition, # 4 Exhibit 3 - Sporn Deposition, # 5 Exhibit 4 - Guidance-April 2004, # 6 Exhibit 5 - 69 Fed Reg 18728, # 7 Exhibit 6 - MAPP 5240.8)(Cosgrove, Paul) (Entered: 03/30/2010)
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Legal Document (Payment Possibly Required) 144 Filed: 3/30/2010, Entered: None
MOTION to Exceed L.R. 7.1 Page limitation for Defendants' Separate Summary Judgment Motion Based on Federal Preemption filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 4/16/2010. (Cosgrove, Paul) (Entered: 03/30/2010)
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Legal Document (Payment Possibly Required) 143 Filed: 3/25/2010, Entered: None
EXHIBIT 4 - Expert Report of Roger Salisbury, MD re: 142 Motion to Exclude Testimony of Plaintiff's Expert Witnesses filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc. Main Document: Exhibit 4, Exhibit A, pages 1 - 57. (Attachments: # 1 Exhibit 4, Exhibits B-G, pages 58 - 77)(dae) Modified on 4/20/2010 to take out the word "Sealed"; document is public. (dae). (Entered: 03/29/2010)
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Legal Document (Payment Possibly Required) 142 Filed: 3/23/2010, Entered: None
MOTION to Exclude Testimony of Plaintiff's Expert Witnesses filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 4/9/2010.(Attachments: # 1 Exhibit (Affidavit) Declaration of Cosgrove, # 2 Exhibit 1 - Nelson in Gibbs, # 3 Exhibit 2 - Tackett Expert Report, # 4 Exhibit 3 - Tackett Dep, # 5 Exhibit 4 - Notice of Conventional Filing of Salisbury Report, # 6 Exhibit 5 - Salisbury Dep, # 7 Exhibit 6 - Ergin Dep, # 8 Exhibit 7 - Mello Dep, # 9 Exhibit 8 - Shulz Dep, # 10 Exhibit 9 - Stein Dep, # 11 Exhibit 10 - Dohlman Dep, # 12 Exhibit 11 - Chodosh Dep, # 13 Exhibit 12 - Sadrnoori Dep, # 14 Exhibit 13 - Multiple Communications, # 15 Exhibit 14 - Plaintiff's Witness Disclosure)(Cosgrove, Paul) Modified on 4/20/2010 to take out as no conventional documents on file; Doc. #143 filed in support thereof: Certain exhibit(s) maintained conventionally in Clerks Office. (dae). (Entered: 03/23/2010)
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Legal Document (Payment Possibly Required) 141 Filed: 3/23/2010, Entered: None
MOTION to Exceed Page Limitation in L.R. 7.1(a) for Defendants' Global Motion to Exclude Plaintiff's Expert Witnesses filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 4/9/2010. (Cosgrove, Paul) (Entered: 03/23/2010)
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Legal Document (Payment Possibly Required) 140 Filed: 3/23/2010, Entered: None
NOTICE of Forthcoming Motion For Leave of Court to File Reply by Karen L. Bartlett. (Jensen, Keith) (Entered: 03/23/2010)
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Legal Document (Payment Possibly Required) 139 Filed: 3/22/2010, Entered: None
OBJECTION to 128 Amended MOTION to Exclude Or Limit Expert Testimony filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit (Affidavit) Declaration of Cosgrove, # 2 Exhibit 1 - Ehrreich Report, # 3 Exhibit 2 - Ehrreich Supplemental Report, # 4 Exhibit 3 - Stern Report, # 5 Exhibit 4 - Stern Deposition, # 6 Exhibit 5 - Stern Supplemental Report, # 7 Exhibit 6 - Valuck Report, # 8 Exhibit 7 - Duffy Report, # 9 Exhibit 8 - Duffy Deposition, # 10 Exhibit 9 - Tackett Deposition in Robinson, # 11 Exhibit 10 - Ehrreich Deposition, # 12 Exhibit 11 - Sulindac Label, # 13 Exhibit 12 - Stern Errata Sheet, # 14 Exhibit 13 - Valuck Deposition, # 15 Exhibit 14 - Mattson report, # 16 Exhibit 15 - Duffy Appendix II-1)(Cosgrove, Paul) (Entered: 03/22/2010)
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Legal Document (Payment Possibly Required) 138 Filed: 3/22/2010, Entered: None
MOTION to Exceed Page Limits Per L.R. 7.1 in connection with Objection and Response to Plaintiff's Motion to Limit Defendants' Expert Witnesses filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 4/8/2010. (Cosgrove, Paul) (Entered: 03/22/2010)
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Legal Document (Payment Possibly Required) 137 Filed: 3/21/2010, Entered: None
STIPULATION re: Proposed Stipulation and Order per prior Telephonic Conference for Certain Pretrial Issues as Agreed by plaintiffs and defendants by Karen L. Bartlett, Brooks Pharmacy, Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc. (Cosgrove, Paul) (Entered: 03/21/2010)
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Legal Document (Payment Possibly Required) 136 Filed: 3/8/2010, Entered: None
NOTICE of No Briefing May Be Needed Regarding FDA Letters to the President and Presidential Transition Team by Karen L. Bartlett. (Attachments: # 1 Exhibit 1 Let & Subpoena to FDA 4 2 09, # 2 Exhibit 2 Let & Subpoena to HHS 5 22 09, # 3 Exhibit 3 FDA Resp Let 4 13 09, # 4 Exhibit 4 Let frm HHS dtd 6 17 09)(Jensen, Keith) (Entered: 03/08/2010)
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Legal Document (Payment Possibly Required) 135 Filed: 3/3/2010, Entered: None
Addendum/LR 7.1 Certification to 130 MOTION to Exceed The Memorandum of Law Page Limit by Karen L. Bartlett. (Attachments: # 1 Exhibit Ex A Email 2.26.10 serving MSJ & Memo)(Jensen, Keith) (Entered: 03/03/2010)
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Legal Document (Payment Possibly Required) 134 Filed: 3/3/2010, Entered: None
MOTION to Clarify Court's February 25, 2010, Entry/Order on Plaintiffs' Motion to Extend Time to File Untimely Motions to Exclude or Limit [Docs. 126, 127, and 128] filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 3/22/2010. (Cosgrove, Paul) (Entered: 03/03/2010)
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Legal Document (Payment Possibly Required) 133 Filed: 3/2/2010, Entered: None
REFILED, SEE 134 . Objection to Order on Motion to Extend Time, Terminate Motions PUBLIC, 128 Amended MOTION to Exclude Or Limit Expert Testimony and Motion for Clarification of Court's February 25, 2010, entry concerning Docs. 126, 127, and 128 filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul) Modified on 3/3/2010 to add: REFILED, SEE 134 .(dae). (Entered: 03/02/2010)
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Legal Document (Payment Possibly Required) 132 Filed: 2/27/2010, Entered: None Court Filing
NOTICE of Additional Exhibits to Plaintiff's Motion for Summary Judgement by Karen L. Bartlett. (Attachments: # 1 Exhibit E Exh12 Part 1, # 2 Exhibit E Exh 12 Part 2, # 3 Exhibit E Exh 13 Part 1, # 4 Exhibit E Exh 13 Part 2, # 5 Exhibit R Karen Bartlett Depo, # 6 Exhibit S Dibenedetto - Ergin 11.09)(Jensen, Keith) (Entered: 02/27/2010)
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Legal Document (Payment Possibly Required) 131 Filed: 2/26/2010, Entered: None Motion for Summary Judgment
MOTION for Summary Judgment filed by Karen L. Bartlett. Follow up on Objection on 3/31/2010. (Attachments: # 1 Memorandum of Law, # 2 Exhibit (Affidavit) Affidavit of Keith M. Jensen, # 3 Exhibit A Sulindac 2.02 Label sent to FDA 5.03, # 4 Exhibit B Sulindac 7.05 Label obtained at Ehrreich depo, # 5 Exhibit C Sulindac 2.06 Label sent to FDA 5.07, # 6 Exhibit D Exh 49 Ergin Dep, # 7 Exhibit E Exh 50 Ergin Decl, # 8 Exhibit E Exh 1, # 9 Exhibit E Exh 2, # 10 Exhibit E Exh 3, # 11 Exhibit E Exh 4, # 12 Exhibit E Exh 5, # 13 Exhibit E Exh 6, # 14 Exhibit E Exh 7, # 15 Exhibit E Exh 8, # 16 Exhibit E Exh 9, # 17 Exhibit E Exh 10, # 18 Exhibit E Exh 11, # 19 Exhibit E Exh 14 Part 1, # 20 Exhibit E Exh 14 Part 2, # 21 Exhibit E Exh 14 Part 3, # 22 Exhibit E Exh 15 Part 1, # 23 Exhibit E Exh 15 Part 2, # 24 Exhibit E Exh 15 Part 3, # 25 Exhibit F Dep Ergin Tashin 8.11.09, # 26 Exhibit G Dettery Robert V1 8.28.09, # 27 Exhibit H Ehrreich V1 & V2, # 28 Exhibit I Stern Robert 2.15.10, # 29 Exhibit J 20157 eff thru 4.1.05, # 30 Exhibit K 314.8 thru 4.05, # 31 Exhibit L EuroScar NSAIDs & SJS-TEN, # 32 Exhibit M Valuck Robert, # 33 Exhibit N Fitpatrick's on Derm Aspirin has no risk of TEN, # 34 Exhibit O Publication - Label May Differ Btwn Gen and Brand, # 35 Exhibit P Dr. Charles Hoppes FDA 5.08 Pwr Pt, # 36 Exhibit Q Clinoril Label SE 51 Part 1, # 37 Exhibit Q Clinoril Part 2, # 38 Exhibit Q Clinoril Part 3)(Jensen, Keith) (Entered: 02/27/2010)
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Legal Document (Payment Possibly Required) 130 Filed: 2/26/2010, Entered: None
MOTION to Exceed The Memorandum of Law Page Limit filed by Karen L. Bartlett. Follow up on Objection on 3/15/2010. (Jensen, Keith) (Entered: 02/26/2010)
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Legal Document (Payment Possibly Required) 129 Filed: 2/22/2010, Entered: None
Assented to MOTION to Dismiss Gregory S. Bartlett filed by Karen L. Bartlett. (Jensen, Keith) (Entered: 02/22/2010)
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Legal Document (Payment Possibly Required) 128 Filed: 2/20/2010, Entered: None
Amended MOTION to Exclude Or Limit Expert Testimony filed by Karen L. Bartlett. Follow up on Objection on 3/9/2010. (Attachments: # 1 Memorandum of Law Amended Memo of Law in Support of Plaintiff's Amended Motion to Exclude or Limit Expert Testimony, # 2 Exhibit 1 Exp Rep of Dr. Ehrreich, # 3 Exhibit 1A Dep of Dr. Ehrreich, # 4 Exhibit 1B Supp Rep of Dr. Ehrreich, # 5 Exhibit 2 Exp Rep of Dr. Stern, # 6 Exhibit 2A Dep of Dr. Stern, # 7 Exhibit 2B Supp Rep of Dr. Stern, # 8 Exhibit 3 Exp Rep of of Dr. Valuck, # 9 Exhibit 3A Dep of Dr. Valuck, # 10 Exhibit 5 Exp Rep of Martin Duffy, # 11 Exhibit 5A Dep of Martin Duffy, # 12 Exhibit 6 Email from D re Agreement 12.28.09, # 13 Exhibit 7 Let to Cosgrove 1 8 10, # 14 Exhibit 8 Lets from D 1 wk before Noticed Depos of Valick and Stern, # 15 Exhibit 9 Declaration of Bryan Ballew, # 16 Exhibit 10 Tackett Randall Report, # 17 Exhibit 11 FDA 2 guys saying we can change 5.02, # 18 Exhibit 12 Mocken SCARstdygrp Sulin #5-AERS Tbl 1 NSAIDS 4.5-8.2JRheum '03 Ex3017, # 19 Exhibit 13 Ehrreich Gaines Deposition, # 20 Exhibit 14 Sulindac '02 label, # 21 Exhibit 15 Mock-Euroscar '07, # 22 Exhibit 16 Pollack Dep, # 23 Exhibit SE 51 Sulindac Label, # 24 Exhibit SE 52 Celebrex Label, # 25 Exhibit SE 53 Cataflam Label, # 26 Exhibit SE 54 Diflunisal Label, # 27 Exhibit SE 55 Lodine Label, # 28 Exhibit SE 56 Nalfon Label, # 29 Exhibit SE 57 Ansaid Label, # 30 Exhibit SE 58 Ibuprofen Label, # 31 Exhibit SE 59 Indomethacin Label, # 32 Exhibit SE 60 Ketoprofen Label, # 33 Exhibit SE 61 Ketorolac Label, # 34 Exhibit SE 62 Mefenamic Acid Label, # 35 Exhibit SE 63 Meloxicam Label, # 36 Exhibit SE 64 Nabumetone Label, # 37 Exhibit SE 65 Naproxen Label, # 38 Exhibit SE 66 Oxaprozin Label, # 39 Exhibit SE 67 Feldene Label, # 40 Exhibit SE 68 Tolmetin Label, # 41 Exhibit 4 Expert Report of Jane Mattson, Ph.D, # 42 Exhibit 4A Deposition of Jane Mattson, Ph.D)(Jensen, Keith) (Entered: 02/20/2010)
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Legal Document (Payment Possibly Required) 127 Filed: 2/20/2010, Entered: None
MOTION to Extend Time to File Plaintiff's Amended Motion and Amended Memorandum of Law in Support of Motion to Exclude or Limit Expert Testimony and to Exceed the Memorandum of Law Page Limit filed by Karen L. Bartlett. Follow up on Objection on 3/9/2010. (Attachments: # 1 Exhibit A Email Re Filing at 1218 pm CST, # 2 Exhibit B Email to D re Extension of Time, # 3 Exhibit C Dep Notice Dr. Valuck, # 4 Exhibit D Email from D re Dr. Stern Dep, # 5 Exhibit E Dep Notice Greg Bartlett, # 6 Exhibit F Rec of Dr. Stern Dep Desp Rush)(Jensen, Keith) (Entered: 02/20/2010)
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Legal Document (Payment Possibly Required) 126 Filed: 2/20/2010, Entered: None
MOTION to Exclude Or Limit Expert Testimony filed by Karen L. Bartlett. Follow up on Objection on 3/9/2010. (Attachments: # 1 Memorandum of Law, # 2 Exhibit 1 Expert Report of Stewart Ehrreich, # 3 Exhibit 1A Depo of Stewart Ehrreich, # 4 Exhibit 1B Suppl Report of Stewart Ehrreich, # 5 Exhibit 2 Expert Report of Robert Stern, # 6 Exhibit 2A Depo of Robert Stern, # 7 Exhibit 2B Suppl Report of Robert Stern, # 8 Exhibit 3 Expert Report of Robert Valuck, # 9 Exhibit 3A Depo of Robert Valuck, # 10 Exhibit 4 Expert Report of Jane Mattson, # 11 Exhibit 4A Depo of Jane Mattson, # 12 Exhibit 5 Expert Report of Martin Duffy, # 13 Exhibit 5A Depo of Martin Duffy, # 14 Exhibit 6 Email from D re Agreement 12.28.09, # 15 Exhibit 7 Let to Cosgrove 1.08.10, # 16 Exhibit 8 Lets from D 1 wk before Noticed Depos of Valuck and Stern, # 17 Exhibit 9 Declaration of Bryan Ballew, # 18 Exhibit 10 Tackett Randall Report, # 19 Exhibit 11 FDA 2 guys saying we can change 5.02, # 20 Exhibit 12 Mocken SCAR Study Group, # 21 Exhibit 13 Ehrreich Gaines Depo, # 22 Exhibit SE 51 Sulindac Label, # 23 Exhibit SE 52 Celebrex, # 24 Exhibit SE 53 Cataflam Label, # 25 Exhibit SE 54 Diflunisal Label, # 26 Exhibit SE 55 Lodine Label, # 27 Exhibit SE 56 Nalfon Label, # 28 Exhibit SE 57 Ansaid Label, # 29 Exhibit SE 58 Ibuprofen Label, # 30 Exhibit SE 59 Indomethacin Label, # 31 Exhibit SE 60 Ketoprofen Label, # 32 Exhibit SE 61 Ketorolac Label, # 33 Exhibit SE 62 Mefenamic Acid Label, # 34 Exhibit SE 63 Meloxicam Label, # 35 Exhibit SE 64 Nabumetone Label, # 36 Exhibit SE 65 Naproxen Label, # 37 Exhibit SE 66 Oxaprozin Label, # 38 Exhibit SE 67 Feldene Label, # 39 Exhibit SE 68 Tolmetin Label)(Jensen, Keith) (Entered: 02/20/2010)
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Legal Document (Payment Possibly Required) 125 Filed: 2/9/2010, Entered: None Court Filing
SUMMARY ORDER after telephonic hearing held 2/8/10 re: Discovery sanctions, Bactrim documents and Requests for admission. Signed by Judge Joseph N. Laplante. (dae) (Entered: 02/09/2010)
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Legal Document (Payment Possibly Required) 124 Filed: 2/8/2010, Entered: None
United's Defenses and ANSWER to 121 Amended Complaint with jury demand filed by United Research Laboratories, Inc.. (Cosgrove, Paul) (Entered: 02/08/2010)
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Legal Document (Payment Possibly Required) 123 Filed: 2/8/2010, Entered: None
Mutual's Defenses and ANSWER to 121 Amended Complaint with jury demand filed by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 02/08/2010)
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Legal Document (Payment Possibly Required) 122 Filed: 2/8/2010, Entered: None
STIPULATION re: Order for Deposition of Dr. Tackett and Stipulated Amended Expert Challenge and Summary Judgment and Response Deadlines per 02/08/10 hearing on behalf of all parties by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc. (Cosgrove, Paul) (Entered: 02/08/2010)
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Legal Document (Payment Possibly Required) 121 Filed: 1/17/2010, Entered: None
AMENDED COMPLAINT against all defendants with jury demand filed by Karen L. Bartlett.(Jensen, Keith) (Entered: 01/17/2010)
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Legal Document (Payment Possibly Required) 120 Filed: 1/12/2010, Entered: None Court Filing
ORDER granting in part and denying in part 101 Motion for Leave to File Leave of Court to Take Certain Depositions after the Close of Discovery and For an Order Requiring Ms. Corinne Gamper to Appear filed by Karen L. Bartlett; granting in part and denying in part 109 Motion to Compel Testimony of Gregory Bartlett filed by Mutual Pharmaceutical Company. Bartlett's motion (document no. 101) is granted except to the extent that it has not already been denied (see order dated 12/1/09). Mutual's Motion (document no. 109) is granted except as to fees and costs. Plaintiff may conduct a trial preservation deposition of Mr. Bartlett and, if feasible, held the same date as the reopened discovery deposition in order to minimize expense and inconvenience to the parties and witnesses. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 01/12/2010)
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Legal Document (Payment Possibly Required) 119 Filed: 1/8/2010, Entered: None
STIPULATION re 113 Memorandum in Opposition to Motion,, 112 Memorandum in Opposition to Motion,, 106 Memorandum in Opposition to Motion,,, 105 MOTION to Compel Production and Supplement to Plaintiff's 11/9/09 Motion for Sanctions Plaintiff's Motion to Permit Inspection, 100 MOTION to Strike All Defenses, All Defense Experts and for Other Sanctions for Discovery Abuse, 108 Memorandum in Opposition to Motion,,,,, 103 MOTION to Amend Complaint CORRECTED Stip re Dr. Tackett report, document review and production and no trial continuance based on any known issues by Karen L. Bartlett (Jensen, Keith) (Entered: 01/08/2010)
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Legal Document (Payment Possibly Required) 118 Filed: 1/8/2010, Entered: None
FILED IN ERROR. REFILED SEE 119 . STIPULATION re 113 Memorandum in Opposition to Motion,, 105 MOTION to Compel Production and Supplement to Plaintiff's 11/9/09 Motion for Sanctions Plaintiff's Motion to Permit Inspection, 100 MOTION to Strike All Defenses, All Defense Experts and for Other Sanctions for Discovery Abuse, 103 MOTION to Amend Complaint re: Scheduling, Dr. Tackett report, document inspection and copying and no trial continuance based on any issues remaining by Karen L. Bartlett (Jensen, Keith) Modified on 1/11/2010 to add:FILED IN ERROR. REFILED SEE 119 . (dae). (Entered: 01/08/2010)
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Legal Document (Payment Possibly Required) 117 Filed: 12/18/2009, Entered: None
REPLY to Objection to Motion re 105 MOTION to Compel Production and Supplement to Plaintiff's 11/9/09 Motion for Sanctions Plaintiff's Motion to Permit Inspection Plaintiff's Motion For Leave of Court to File Reply in Support of Their Motion filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 1 Decl of CC Final, # 2 Exhibit 2 Decl KMJ, # 3 Exhibit 3 Let 8588-8659 11.11.09, # 4 Exhibit 4 Let 8660-14420 11.24.09, # 5 Exhibit 5 Let 14421-14576 12.1.09, # 6 Exhibit 6 Let 14576-15251 12.08.09, # 7 Exhibit 7 Dep Salisbury Roger 11.16.09)(Jensen, Keith) (Entered: 12/18/2009)
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Legal Document (Payment Possibly Required) 116 Filed: 12/17/2009, Entered: None
NOTICE of Supplemental Document Production Per Court Order s dated November 2, and November 6, 2009, by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Andria Werynski)(Cosgrove, Paul) (Entered: 12/17/2009)
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Legal Document (Payment Possibly Required) 115 Filed: 12/17/2009, Entered: None
Notice of Intent to Reply to Objection to 105 MOTION to Compel Production and Supplement to Plaintiff's 11/9/09 Motion for Sanctions Plaintiff's Motion to Permit Inspection. Follow up on Reply on 1/4/2010. (Jensen, Keith) (Entered: 12/17/2009)
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Legal Document (Payment Possibly Required) 114 Filed: 12/15/2009, Entered: None
TRANSCRIPT of Proceedings for Motion Hearing held on August 26, 2009. Court Reporter: Diane Churas, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 1/8/2010. Redacted Transcript Follow Up 1/19/2010. Release of Transcript Restriction set for 3/15/2010. (dae) (Entered: 12/15/2009)
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Legal Document (Payment Possibly Required) 113 Filed: 12/14/2009, Entered: None
WITHDRAWN, SEE 119 . MEMORANDUM in Opposition re 103 MOTION to Amend Complaint filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit (Affidavit) Declaration of P. Cosgrove in Support of Defendants' Memorandum in Opposition to Plaintiffs' Motion for Leave to File an Amended Complaint, # 2 Exhibit Exhibit A (Ergin Deposition Transcript), # 3 Exhibit Exhibit B (12.14.09 Email), # 4 Exhibit Exhibit C (11.15.09 Email), # 5 Exhibit Exhibit D (sulindac labeling))(Cosgrove, Paul) Modified on 1/12/2010 to add: WITHDRAWN, SEE 119 . (dae). (Entered: 12/14/2009)
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Legal Document (Payment Possibly Required) 112 Filed: 12/14/2009, Entered: None
MEMORANDUM in Opposition re 105 MOTION to Compel Production and Supplement to Plaintiff's 11/9/09 Motion for Sanctions Plaintiff's Motion to Permit Inspection filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit (Affidavit) Declaration of P. Cosgrove in Support of Defendants' Memorandum in Opposition to Plaintiffs' Third Sanctions Motion, # 2 Exhibit Exhibit A (12.01.09 Letter to Jensen), # 3 Exhibit Exhibit B (11.0.09 email from J. Thomas), # 4 Exhibit Exhibit C (AE log sulindac 200mg), # 5 Exhibit Exhibit D (AE Log sulindac 150mg))(Cosgrove, Paul) (Entered: 12/14/2009)
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Legal Document (Payment Possibly Required) 111 Filed: 12/4/2009, Entered: None
STIPULATION re: Extending Defendants' Response Deadline to Plaintiffs' Motions Docs. Nos. 103 and 105 pending meet and confer among all parties by Mutual Pharmaceutical Company, Inc. (Cosgrove, Paul) (Entered: 12/04/2009)
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Legal Document (Payment Possibly Required) 110 Filed: 12/1/2009, Entered: None
RESPONSE to Motion re 109 MOTION to Compel Testimony of Gregory Bartlett filed by Karen L. Bartlett. (Jensen, Keith) (Entered: 12/01/2009)
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Legal Document (Payment Possibly Required) 109 Filed: 12/1/2009, Entered: None Motion to Compel
MOTION to Compel Testimony of Gregory Bartlett filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 12/18/2009. (Attachments: # 1 Memorandum of Law in Support of Motion to Compel, # 2 Exhibit (Affidavit) Declaration of Cosgrove in Support, # 3 Exhibit 1 - 8/24/09 Ballew email, # 4 Exhibit 2 - 9/3/09 Ballew email, # 5 Exhibit 3 - Daily News Police Log, # 6 Exhibit 4 - Police Report, # 7 Exhibit 5 - Excerpts from Hyland Deposition, # 8 Exhibit 6 - Excerpts from G. Bartlett Deposition, # 9 Exhibit 7 - U.S. v. Bentson, # 10 Exhibit 8 - Cowans v. Boston, # 11 Exhibit 9 - Muricio v. Perez)(Cosgrove, Paul) (Entered: 12/01/2009)
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Legal Document (Payment Possibly Required) 108 Filed: 11/30/2009, Entered: None
MEMORANDUM in Opposition re 101 MOTION for Leave to File Leave of Court to Take Certain Depositions after the Close of Discovery and For an Order Requiring Ms. Corinne Gamper to Appear filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit (Affidavit) Declaration of Cosgrove in Support, # 2 Exhibit 1 - Mutual's Second Supplemental Disclosures, # 3 Exhibit 2 - Excerpts from Nelson Deposition, # 4 Exhibit 3 - 10/19/09 email from Jensen, # 5 Exhibit 4 - 10/22/09 Cosgrove email re: quash, # 6 Exhibit 5 - 10/23/09 Jensen email/dep notices, # 7 Exhibit 6 - 11/3/09 Cosgrove email, # 8 Exhibit 7 - Emails re: date for Sporn, # 9 Exhibit 8 - 11/10/09 email from Thomas, # 10 Exhibit 9 - 11/6/09 email from Thomas, # 11 Exhibit 10 - Email offering Pollock for deposition, # 12 Exhibit 11 - Jensen email-unavailable for Sporn, # 13 Exhibit 12-10/30/09 email-Cosgrove re: sport, # 14 Exhibit 13 - Email re: G. Bartlett no show, # 15 Exhibit 14 - Daily News Police Log, # 16 Exhibit 15 - Police Narrative & Arrest Report, # 17 Exhibit 16 - Excerpts from Hyland Deposition, # 18 Exhibit 17 - Excerpts from G. Bartlett Deposition, # 19 Exhibit 18 - George v. Ford Motor Company, # 20 Exhibit 19 - Bondpro v. Siemens)(Cosgrove, Paul) (Entered: 11/30/2009)
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Legal Document (Payment Possibly Required) 107 Filed: 11/27/2009, Entered: None
RESPONSE to Motion re 104 MOTION for Reconsideration re 97 Order on Motion for Sanctions,, MOTION for Reconsideration re 97 Order on Motion for Sanctions,, MOTION for Reconsideration re 97 Order on Motion for Sanctions,, filed by Karen L. Bartlett. (Attachments: # 1 Exhibit Sanctions Hearing copy frm Ct 10.30.09)(Jensen, Keith) (Entered: 11/27/2009)
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Legal Document (Payment Possibly Required) 106 Filed: 11/25/2009, Entered: None Court Filing
MEMORANDUM in Opposition re 100 MOTION to Strike All Defenses, All Defense Experts and for Other Sanctions for Discovery Abuse filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit (Affidavit) Declaration of Cosgrove in Support, # 2 Exhibit 1 - Mutual's Discovery Responses, # 3 Exhibit 2 - Disk titled 200 mg ANDA, # 4 Exhibit 3 - Sulindac Package Insert, # 5 Exhibit 4 - Tackett Deposition Excerpts, # 6 Exhibit 5 - 11/11/09 Thomas email, # 7 Exhibit 6 - Adverse Events-200 mg, # 8 Exhibit 7 - Adverse Events 150 mg, # 9 Exhibit 8 - 11/7/09 Jensen email, # 10 Exhibit 9 - 11/10/09 Judge email, # 11 Exhibit 10 - 11/10/09 Jensen email, # 12 Exhibit 11 - Nelson Deposition Excerpts, # 13 Exhibit 12 - Morrison Deposition Excerpts, # 14 Exhibit 13 - Pollock Deposition Excerpts, # 15 Exhibit 14 - Salisbury Deposition Excerpts, # 16 Exhibit 15 - Ergin Deposition Excerpts)(Cosgrove, Paul) (Entered: 11/25/2009)
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Legal Document (Payment Possibly Required) 105 Filed: 11/17/2009, Entered: None Motion to Compel
MOTION to Compel Production and Supplement to Plaintiff's 11/9/09 Motion for Sanctions Plaintiff's Motion to Permit Inspection filed by Karen L. Bartlett. Follow up on Objection on 12/7/2009. (Attachments: # 1 Memorandum of Law in Support of M2Permit Inspections, # 2 Exhibit A FDA Form 356h, # 3 Exhibit B 33 1 page FDA Form 356 produced, # 4 Exhibit C Confer re M2 Inspect, # 5 Exhibit D 4.97 FDA Form 356h-redacted, # 6 Exhibit E Dep Corp reps Prosar, # 7 Exhibit F Dettery Affidavit, # 8 Exhibit G Sanctions hearing 10.30.09, # 9 Exhibit H Request for Inspection-Amended, # 10 Exhibit I 150mg Adverse Events 4.17.91, # 11 Exhibit J 200mg Adverse Event 4.17.91, # 12 Exhibit K Cosgrove declination of inspection 11.16.09, # 13 Exhibit L Cosgrove 150mg 1st produc 11.11.09, # 14 Exhibit M 11.12.09 Rec'd 150mg list of ADEs, # 15 Exhibit N Tackett, Randall Dep Vol 1 11.11.09, # 16 Exhibit O Let FDA Subpoena 5.22.09, # 17 Exhibit P Sulindac 150mg Rx excerpt, # 18 Exhibit Q Tackett, Randall Depo Vol 2, # 19 Exhibit R Email frm Thomas 11.11.09 re 150mg, # 20 Exhibit S Merck RLD for 200 mg only, # 21 Exhibit T No Therapeutic Equiv's for 150 mg Sulindac, # 22 Exhibit U Orange Book '09 pp 1-28, p10+=RLD, # 23 Exhibit V Mutual-Watson-Mylan not RLD 150mg)(Jensen, Keith) (Entered: 11/17/2009)
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Legal Document (Payment Possibly Required) 104 Filed: 11/16/2009, Entered: None
MOTION for Reconsideration re 97 Order on Motion for Sanctions,, filed by Mutual Pharmaceutical Company, Inc.. Follow up on Objection on 12/4/2009. (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Exhibit (Affidavit) Declaration of Paul J. Cosgrove in Support, # 3 Exhibit 1 - Fee Sheet, # 4 Exhibit 2 - Responses to 1st Requests, # 5 Exhibit 3 - Supplemental Responses to 1st Requests, # 6 Exhibit 4 - Excerpts from Dettery Deposition, # 7 Exhibit 5 - Excerpts from Werynski Deposition)(Cosgrove, Paul) (Entered: 11/16/2009)
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Legal Document (Payment Possibly Required) 103 Filed: 11/16/2009, Entered: None Motion to Amend/Correct
MOTION to Amend Complaint filed by Karen L. Bartlett. Follow up on Objection on 12/4/2009. (Attachments: # 1 Memorandum of Law, # 2 Proposed Amended Complaint)(Jensen, Keith) (Entered: 11/16/2009)
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Legal Document (Payment Possibly Required) 102 Filed: 11/14/2009, Entered: None
Addendum/Local Rule 7.1(c) Statement to 101 MOTION for Leave to File Leave of Court to Take Certain Depositions after the Close of Discovery and For an Order Requiring Ms. Corinne Gamper to Appear, 100 MOTION to Strike All Defenses, All Defense Experts and for Other Sanctions for Discovery Abuse by Karen L. Bartlett. (Jensen, Keith) (Entered: 11/14/2009)
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Legal Document (Payment Possibly Required) 101 Filed: 11/10/2009, Entered: None
MOTION for Leave to File Leave of Court to Take Certain Depositions after the Close of Discovery and For an Order Requiring Ms. Corinne Gamper to Appear filed by Karen L. Bartlett. Follow up on Objection on 11/30/2009. (Attachments: # 1 Exhibit 9.11.09 email, # 2 Exhibit 10.19.09 email, # 3 Exhibit 10.22.09 email re all 3 deps, # 4 Exhibit 10.22.09 response email, # 5 Exhibit 10.23.09 email notice of Gamper & Blume, # 6 Exhibit 11.4.09 email re Greg, # 7 Exhibit 11.5.09 email chain, # 8 Exhibit 11.6.09 refusal to extend email, # 9 Exhibit Bartlett Greg Depo 10.28.09, # 10 Exhibit Dep Notice Gamper for 10.27.09 9am, # 11 Exhibit Dep Blume for 10.27.09 9am, # 12 Exhibit A Bartlett Greg Diary 2609-2631, # 13 Exhibit B Bartlett Greg Diary 2632-2651)(Jensen, Keith) (Entered: 11/10/2009)
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Legal Document (Payment Possibly Required) 100 Filed: 11/9/2009, Entered: None
MOTION to Strike All Defenses, All Defense Experts and for Other Sanctions for Discovery Abuse filed by Karen L. Bartlett. Follow up on Objection on 11/27/2009. (Attachments: # 1 Exhibit FDA-Mutual has 2 Sulindac ANDA, # 2 Exhibit 2 '92-'05 200mg Annual Reports)(Jensen, Keith) (Entered: 11/09/2009)
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Legal Document (Payment Possibly Required) 99 Filed: 11/9/2009, Entered: None
TRANSCRIPT of Proceedings for Motion Hearing held on October 30, 2009. Court Reporter: Susan Bateman, Telephone # 603-225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 12/3/2009. Redacted Transcript Follow Up 12/14/2009. Release of Transcript Restriction set for 2/8/2010. (dae) (Entered: 11/09/2009)
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Legal Document (Payment Possibly Required) 98 Filed: 11/6/2009, Entered: None Court Filing
ORDER - Amended Scheduling Order outlining discovery, expert dates, etc. Summary Judgment Motions due by 2/26/2010. Jury Selection 6/2/10. Signed by Judge Joseph N. Laplante. (dae) (Entered: 11/06/2009)
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Legal Document (Payment Possibly Required) 97 Filed: 11/2/2009, Entered: None Court Filing
ORDER granting in part and denying in part 67 Motion for Sanctions and Other Relief for Discovery Abuse. Granted as to parts (b) and (c), subject to the limitations set forth in this order. Denied as to parts (a), (d), and (e). Mutual shall submit to this court within 45 days of this order a written confirmation that it has conducted the review and document production ordered. If the parties cannot agree on a reasonable amount of attorneys' fees and costs, plaintiffs shall submit to the court, within 14 days of this order, an itemized bill, with the opportunity for Mutual to respond within 14 days of such filing. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 11/02/2009)
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Legal Document (Payment Possibly Required) 96 Filed: 10/30/2009, Entered: None
Exhibit List by Mutual Pharmaceutical Company, Inc. (dae) (Entered: 10/30/2009)
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Legal Document (Payment Possibly Required) 95 Filed: 10/23/2009, Entered: None Court Filing
ORDER - Amended Scheduling Order - as modified by the Court: ( Motions In Limine due by 3/5/2010; Response deadline set for 3/15/2010, Summary Judgment Motions due by 2/1/2010.) Signed by Judge Joseph N. Laplante. (dae) (Entered: 10/23/2009)
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Legal Document (Payment Possibly Required) 94 Filed: 10/22/2009, Entered: None
Proposed Amended Scheduling Order by all Parties as directed by the Court in its 10.09.09 Order following the hearing on Defendants' Motion for Order to Show Cause as to Why Plaintiffs' Experts should not be struck for failure to comply with the prior scheduling order by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc. (Cosgrove, Paul) (Entered: 10/22/2009)
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Legal Document (Payment Possibly Required) 93 Filed: 10/22/2009, Entered: None Court Filing
ORDER denying as outlined 92 Motion to Clarify. So Ordered by Judge Joseph N. Laplante. (dae) (Entered: 10/22/2009)
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Legal Document (Payment Possibly Required) 92 Filed: 10/22/2009, Entered: None
MOTION to Clarify 67 Motion for Sanctions,, filed by Karen L. Bartlett. Follow up on Objection on 11/9/2009. (Jensen, Keith) (Entered: 10/22/2009)
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Legal Document (Payment Possibly Required) 91 Filed: 10/19/2009, Entered: None
SURREPLY to Reply to 67 MOTION for Sanctions and Other Relief for Discovery Abuse filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit (Affidavit) Declaration of Paul J. Cosgrove in Support of Sur-Reply, # 2 Exhibit A - Discovery Hearing Transcript, # 3 Exhibit B - Dettery 8-28-08 Dep Tr, # 4 Exhibit C - 8-30-09 email, # 5 Exhibit D - Werynsky 9-1-09 Dep Tr, # 6 Exhibit E - 9-3-09 Jensen Communication)(Cosgrove, Paul) (Entered: 10/19/2009)
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Legal Document (Payment Possibly Required) 90 Filed: 10/19/2009, Entered: None
MOTION to Exceed Page Limit of L.R. 7.1 filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 11/5/2009. (Attachments: # 1 Memorandum of Law in Support of Motion to Exceed Page Limits, # 2 Exhibit Sur-Reply Brief)(Cosgrove, Paul) (Entered: 10/19/2009)
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Legal Document (Payment Possibly Required) 89 Filed: 10/13/2009, Entered: None
Concurrence Statement to 82 MOTION for Leave to File Reply in Support of Plaintiff's 67 Motion for Sanctions and Other Relief for Discovery Abuse filed by Karen L. Bartlett. (Attachments: # 1 Reply, # 2 Declaration of Keith Jensen, # 3 Letter of 9.8.09, # 4 Letter of 9.3.09)(Jensen, Keith) Modified on 10/13/2009 to modify text - change from Reply to Concurrence Statement. (dae). (Entered: 10/13/2009)
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Legal Document (Payment Possibly Required) 88 Filed: 10/9/2009, Entered: None
OBJECTION to 87 MOTION for Order to Show Cause Why Plaintiffs' Experts Should Not Be Stricken or in the Alternative for Relief from Certain Pretrial Deadlines filed by Karen L. Bartlett. (Attachments: # 1 Exhibit (Affidavit) Declaration of Keith M. Jensen, # 2 Exhibit Ex 1 Email 10.8 re Dep Dates, # 3 Exhibit Ex 2 Email Agmts-Issues 10.7.09, # 4 Exhibit Ex 3 Let Schultz Dep 7.20.09, # 5 Exhibit Ex 4 Dr. Ryan Dep Excerpts, # 6 Exhibit Ex 5 Dr. Salisbury Report & CV, # 7 Exhibit Ex 6 Emails of 10.8.09)(Jensen, Keith) (Entered: 10/09/2009)
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Legal Document (Payment Possibly Required) 87 Filed: 10/8/2009, Entered: None
MOTION for Order to Show Cause Why Plaintiffs' Experts Should Not Be Stricken or in the Alternative for Relief from Certain Pretrial Deadlines filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 10/26/2009. (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Exhibit (Affidavit) Declaration of Cosgrove in Support, # 3 Exhibit A - 9/22/09 email to plaintiffs' counsel, # 4 Exhibit B - 10/5/09 email from plaintiffs' counsel, # 5 Exhibit C - 10/7/09 email from plaintiffs' counsel)(Cosgrove, Paul) (Entered: 10/08/2009)
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Legal Document (Payment Possibly Required) 86 Filed: 10/5/2009, Entered: None
SURREPLY to Reply to 64 MOTION to Extend Time to Complete Discovery and Continue Trial Date Accordingly filed by Karen L. Bartlett. (Jensen, Keith) (Entered: 10/05/2009)
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Legal Document (Payment Possibly Required) 85 Filed: 9/30/2009, Entered: None Court Filing
ORDER denying 44 Motion to Dismiss Based on Federal Preemption. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 09/30/2009)
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Legal Document (Payment Possibly Required) 84 Filed: 9/29/2009, Entered: None
MOTION for Leave to File A Surreply in Opposition to Defendants' Motion to Extend Discovery Deadlines and Continue Trial Date filed by Karen L. Bartlett. Follow up on Objection on 10/19/2009. (Attachments: # 1 Exhibit Surreply in Opp to M2Extend)(Jensen, Keith) (Entered: 09/29/2009)
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Legal Document (Payment Possibly Required) 83 Filed: 9/29/2009, Entered: None
MOTION for Leave to File Reply in Support of Plaintiff's Motion to Quash The Depositions of Purported "Fact Witnesses" filed by Karen L. Bartlett. Follow up on Objection on 10/19/2009. (Attachments: # 1 Exhibit Ps Reply in Sup of Ps M2Q)(Jensen, Keith) (Entered: 09/29/2009)
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Legal Document (Payment Possibly Required) 82 Filed: 9/29/2009, Entered: None
MOTION for Leave to File Reply in Support of Plaintiff's Motion for Sanctions and Other Relief for Discovery Abuse filed by Karen L. Bartlett. Follow up on Objection on 10/19/2009. (Attachments: # 1 Exhibit Reply In Support Plaintiff's M4S, # 2 Exhibit A Decl of KMJ, # 3 Exhibit B Let from D re Production 9.08.09, # 4 Exhibit C Let from D re Production 9.3.09)(Jensen, Keith) (Entered: 09/29/2009)
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Legal Document (Payment Possibly Required) 81 Filed: 9/28/2009, Entered: None
REFILED, See #83. MOTION for Leave to File Reply in Support of Plaintiff's Motion to Quash the Depositions of Purported "Fact Witnesses" filed by Karen L. Bartlett. Follow up on Objection on 10/16/2009. (Jensen, Keith) Modified on 9/30/2009 to add: REFILED, See #83. (dae). (Entered: 09/28/2009)
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Legal Document (Payment Possibly Required) 80 Filed: 9/25/2009, Entered: None
REFILED, See #82. RESPONSE to Motion re 67 MOTION for Sanctions and Other Relief for Discovery Abuse Plaintiff's Motion for Leave (Unopposed) to File a Reply in Support of Plaintiff's Motion for Sanction filed by Karen L. Bartlett. (Attachments: # 1 Exhibit A Declaration of Keith M Jensen, # 2 Exhibit B Letter from Defendants re Production, # 3 Exhibit C Letter from Defendants re Production)(Jensen, Keith) Modified on 9/30/2009 to add: REFILED, See #82.(dae). (Entered: 09/25/2009)
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Legal Document (Payment Possibly Required) 79 Filed: 9/24/2009, Entered: None
MEMORANDUM in Support re 64 MOTION to Extend Time to Complete Discovery and Continue Trial Date Accordingly filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit (Affidavit) Declaration of Cosgrove in Support, # 2 Exhibit 1 - Plaintiffs' refusal to provide dates, # 3 Exhibit 2 - Out of time dep Wolfowitz, # 4 Exhibit 3 - Out of time dep Ryan, # 5 Exhibit 4 - Out of time deps Kim et al., # 6 Exhibit 5 - Out of time dep Sardnoori, # 7 Exhibit 6 - Out of time deps nurses, # 8 Exhibit 7 - Out of time deps Bartlett et al., # 9 Exhibit 8 - Pages of Tackett expert report, # 10 Exhibit 9 - Excerpts of Salisbury & Tackett reports, # 11 Exhibit 10 - Excerpts of Hyland report, # 12 Proposed Order - Amended Pretrial Order)(Cosgrove, Paul) (Entered: 09/24/2009)
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Legal Document (Payment Possibly Required) 78 Filed: 9/24/2009, Entered: None
Assented to MOTION for Jeffrey D. Geoppinger to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000550917.) filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Affidavit in Support of Motion)(Cosgrove, Paul) (Entered: 09/24/2009)
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Legal Document (Payment Possibly Required) 77 Filed: 9/23/2009, Entered: None
OBJECTION to 67 MOTION for Sanctions and Other Relief for Discovery Abuse REPLACES DOCUMENT NO. 76 filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit (Affidavit) Amended Declaration in Support, # 2 Exhibit 1 - Report transmittal re no ADRs, # 3 Exhibit 2 - Dettery deposition report disposition mistake, # 4 Exhibit 3 - Jensen reports filed but misplaced, # 5 Exhibit 4 - Cosgrove re witness about reports, # 6 Exhibit 5 - annual repts missing label broken pill, # 7 Exhibit 6 - email complete production annual reports, # 8 Exhibit 7 - plaintiff deposition home file, # 9 Exhibit 8 - Plaintiff deposition notice duces tecum, # 10 Exhibit 9 - Written discovery covering home file, # 11 Exhibit 10 - G. Bartlett amended deposition notice, # 12 Exhibit 11 - Plaintiff to dismiss G. Bartlett, # 13 Exhibit 12 - Plaintiff lost deposition exhibit, # 14 Exhibit 13 - Plaintiff testimony no other rashes, # 15 Exhibit 14 - Plaintiff record re rash, # 16 Exhibit 15 - Plaintiff supplemental responses new witnesses, # 17 Exhibit 16 - Plaintiff expert excerpts reviewed reports)(Cosgrove, Paul) (Entered: 09/23/2009)
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Legal Document (Payment Possibly Required) 76 Filed: 9/22/2009, Entered: None
REFILED, SEE 77 . OBJECTION to 67 MOTION for Sanctions and Other Relief for Discovery Abuse REPLACES DOCUMENT NO. 75 filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit (Affidavit) Declaration in Support of Defendants' Objection, # 2 Exhibit 1 to Declaration, # 3 Exhibit 2 to Declaration, # 4 Exhibit 3 to Declaration, # 5 Exhibit 4 to Declaration, # 6 Exhibit 5 to Declaration, # 7 Exhibit 6 to Declaration, # 8 Exhibit 7 to Declaration, # 9 Exhibit 8 to Declaration, # 10 Exhibit 9 to Declaration, # 11 Exhibit 10 to Declaration, # 12 Exhibit 11 to Declaration, # 13 Exhibit 12 to Declaration, # 14 Exhibit 13 to Declaration, # 15 Exhibit 14 to Declaration, # 16 Exhibit 15 to Declaration, # 17 Exhibit 16 to Declaration)(Cosgrove, Paul) Modified on 9/24/2009 to add: REFILED, SEE 77 . (dae). (Entered: 09/22/2009)
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Legal Document (Payment Possibly Required) 75 Filed: 9/21/2009, Entered: None
REFILED, See 76 . MEMORANDUM in Opposition re 67 MOTION for Sanctions and Other Relief for Discovery Abuse filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit (Affidavit) Declaration of Paul J. Cosgrove iso Objection/Response to Plaintiffs' Motion for Sanctions)(Cosgrove, Paul) Modified on 9/23/2009 to add: REFILED, See 76 . (dae). (Entered: 09/21/2009)
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Legal Document (Payment Possibly Required) 74 Filed: 9/17/2009, Entered: None
Notice of Intent to Reply to Objection to 64 MOTION to Extend Time to Complete Discovery and Continue Trial Date Accordingly. Follow up on Reply on 10/5/2009. (Maichl, Linda) (Entered: 09/17/2009)
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Legal Document (Payment Possibly Required) 73 Filed: 9/17/2009, Entered: None
AFFIDAVIT in Opposition re 66 MOTION to Quash Depositions of Purported "Fact Witnesses" of Joseph P. Thomas filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit 1 - Plaintiffs' supplemental answers, # 2 Exhibit 2 - Testimony of Leo Lane DO, # 3 Exhibit 3 - Testimony of Karen Mello MD, # 4 Exhibit 4 - Testimony of Claes Dohlman MD, # 5 Exhibit 5 - Testimony of Robert Dettery, # 6 Exhibit 6 - Testimony of Joel Stein MD, # 7 Exhibit 7 - Vosburgh v Bourassa, # 8 Exhibit 8 - General Electric v DirecTV, # 9 Exhibit 9 - Osprey Ship v Jackson County)(Maichl, Linda) (Entered: 09/17/2009)
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Legal Document (Payment Possibly Required) 72 Filed: 9/17/2009, Entered: None
MEMORANDUM in Opposition re 66 MOTION to Quash Depositions of Purported "Fact Witnesses" filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Maichl, Linda) (Entered: 09/17/2009)
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Legal Document (Payment Possibly Required) 71 Filed: 9/16/2009, Entered: None
RESPONSE to Motion re 64 MOTION to Extend Time to Complete Discovery and Continue Trial Date Accordingly filed by Karen L. Bartlett. (Attachments: # 1 Exhibit 1 Agmt Take Depo Beyond Deadline, # 2 Exhibit 2 Cancelling Deps 1 day Notice, # 3 Exhibit 3 Mutual No-Show June Deposition)(Jensen, Keith) (Entered: 09/16/2009)
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Legal Document (Payment Possibly Required) 70 Filed: 9/15/2009, Entered: None Court Filing
ORDER re deposition of Dr. Colleen Ryan - she will make herself available for a deposition in this case on or before 9/28/09. Signed by Judge Joseph N. Laplante. (dae) (Entered: 09/16/2009)
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Legal Document (Payment Possibly Required) 69 Filed: 9/15/2009, Entered: None
Proposed Order re Ryan Depo - Form approved by Counsel for both parties by Karen L. Bartlett (Jensen, Keith) (Entered: 09/15/2009)
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Legal Document (Payment Possibly Required) 68 Filed: 9/11/2009, Entered: None
Exhibit Corrected Ex21 5.20.87 app date 2.1.08 aware of Bartlett date to 67 MOTION for Sanctions and Other Relief for Discovery Abuse by Karen L. Bartlett. (Jensen, Keith) (Entered: 09/11/2009)
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Legal Document (Payment Possibly Required) 67 Filed: 9/8/2009, Entered: None Motion for Sanctions
MOTION for Sanctions and Other Relief for Discovery Abuse filed by Karen L. Bartlett. Follow up on Objection on 9/25/2009. (Attachments: # 1 Memorandum of Law, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21 (See Corrected Exhibit at Doc. 68 ), # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25)(Jensen, Keith) Modified on 9/14/2009 to add: Corrected Exhibit language (dae). (Entered: 09/08/2009)
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Legal Document (Payment Possibly Required) 66 Filed: 9/4/2009, Entered: None
MOTION to Quash Depositions of Purported "Fact Witnesses" filed by Karen L. Bartlett. Follow up on Objection on 9/24/2009. (Attachments: # 1 Memorandum of Law, # 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, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N)(Jensen, Keith) (Entered: 09/04/2009)
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Legal Document (Payment Possibly Required) 65 Filed: 9/3/2009, Entered: None Court Filing
Document stricken by Joseph N. Laplante on 9/4/09. Letter to Judge LaPlante by Karen L. Bartlett (Jensen, Keith) Modified on 9/4/2009 to add: stricken language (dae). (Entered: 09/03/2009)
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Legal Document (Payment Possibly Required) 64 Filed: 9/3/2009, Entered: None
MOTION to Extend Time to Complete Discovery and Continue Trial Date Accordingly filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 9/21/2009. (Attachments: # 1 Proposed Order Proposed Order Extending Discovery Deadlines by 60 Days and Continuing Trial Date Accordingly)(Cosgrove, Paul) (Entered: 09/03/2009)
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Legal Document (Payment Possibly Required) 63 Filed: 9/3/2009, Entered: None
NOTICE of Attorney Appearance by Timothy P. Beaupre on behalf of Karen L. Bartlett, Gregory S. Bartlett (Beaupre, Timothy) (Entered: 09/03/2009)
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Legal Document (Payment Possibly Required) 62 Filed: 8/19/2009, Entered: None
NOTICE of Post-Briefing Authorities by Karen L. Bartlett. (Jensen, Keith) (Entered: 08/19/2009)
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Legal Document (Payment Possibly Required) 61 Filed: 8/18/2009, Entered: None Court Filing
notice of withdrawal Scheer by Mutual Pharmaceutical Company, Inc. (Judge, Stephen) (Entered: 08/18/2009)
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Legal Document (Payment Possibly Required) 60 Filed: 8/18/2009, Entered: None Court Filing
notice of withdrawal Friberg by Mutual Pharmaceutical Company, Inc. (Judge, Stephen) (Entered: 08/18/2009)
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Legal Document (Payment Possibly Required) 59 Filed: 8/18/2009, Entered: None Court Filing
notice of appearance by Mutual Pharmaceutical Company, Inc. (Judge, Stephen) (Entered: 08/18/2009)
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Legal Document (Payment Possibly Required) 58 Filed: 4/30/2009, Entered: None
Addendum/Statement of Concurrence to 57 MOTION for Bryan Ballew to Appear Pro Hac Vice by Karen L. Bartlett, Gregory S. Bartlett. (Craig, Christine) Modified on 5/1/2009 to take out duplicate text. (dae). (Entered: 04/30/2009)
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Legal Document (Payment Possibly Required) 57 Filed: 4/29/2009, Entered: None
MOTION for Bryan Ballew to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000508046.) filed by Karen L. Bartlett, Gregory S. Bartlett. Follow up on Objection on 5/18/2009. (Attachments: # 1 Affidavit of Bryan Ballew)(Craig, Christine) (Entered: 04/29/2009)
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Legal Document (Payment Possibly Required) 56 Filed: 3/25/2009, Entered: None
BRIEF/MEMORANDUM re Order on Motion for Leave to File, Supplemental Memorandum Concerning Supplemental Authority in Support of Motion to Dismiss by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc. (Maichl, Linda) Modified on 3/25/2009 to add: docket relationship to Motion 44 (dae) (Entered: 03/25/2009)
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Legal Document (Payment Possibly Required) 55 Filed: 3/6/2009, Entered: None
MOTION for Leave to File Supplemental Memorandum Concerning Supplemental Authority in Support of Motion to Dismiss Instanter filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 3/23/2009. (Attachments: # 1 Exhibit 1-1 Levine v. Wyeth, # 2 Exhibit 1-2 Levine v. Wyeth, # 3 Exhibit 2 Morris v. Wyeth Notice et al.)(Maichl, Linda) (Entered: 03/06/2009)
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Legal Document (Payment Possibly Required) 54 Filed: 2/18/2009, Entered: None
NOTICE of Request for Oral Argument on Motion to Dismiss Based on Federal Preemption and L.R. 7.1(d) Written Statement in Support by Mutual Pharmaceutical Company, Inc.. (Cosgrove, Paul) (Entered: 02/18/2009)
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Legal Document (Payment Possibly Required) 53 Filed: 1/27/2009, Entered: None
NOTICE of Hearing 1.29.09 by Gregory S. Bartlett. (Jensen, Keith) (Entered: 01/27/2009)
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Legal Document (Payment Possibly Required) 52 Filed: 1/23/2009, Entered: None
REPLY to Objection to Motion re 44 MOTION to Dismiss Based on Federal Preemption filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Maichl, Linda) (Entered: 01/23/2009)
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Legal Document (Payment Possibly Required) 51 Filed: 1/6/2009, Entered: None
Notice of Intent to Reply to Objection to 44 MOTION to Dismiss Based on Federal Preemption. Follow up on Reply on 1/26/2009. (Maichl, Linda) (Entered: 01/06/2009)
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Legal Document (Payment Possibly Required) 50 Filed: 1/5/2009, Entered: None
RESPONSE to Motion re 44 MOTION to Dismiss Based on Federal Preemption filed by Karen L. Bartlett. (Attachments: # 1 Memorandum of Law Memorandum of Law, # 2 Exhibit (Affidavit) Exhibit (Affidavit) of Keith M. Jensen, # 3 Exhibit #1 2005 FDA mandated label Sulindac, # 4 Exhibit #2 Kellogg v Wyeth, # 5 Exhibit #3 FDA Science & Mission at Risk, # 6 Exhibit #4 Dr. Cassell Testimony co author FDA at Risk, # 7 Exhibit #5 Congressional Investigators, # 8 Exhibit #6 GAO Report, # 9 Exhibit #7 21 USC 355, # 10 Exhibit #8 21 USC all rule of Const, # 11 Exhibit #9 21 CFR 601.12, # 12 Exhibit #10 21 CFR 314.70 thru 4.04, # 13 Exhibit #11 21 CFR 314.70 2006, # 14 Exhibit #12 Thomas' Losing Reply in Kellogg, # 15 Exhibit #13 21 CFR 201.57 '90-'05, # 16 Exhibit #14 21 CFR 314.70 2006, # 17 Exhibit #15 21 CFR 314.97 '04, # 18 Exhibit #16 21 CFR 314.97 '07, # 19 Exhibit #17 Congress Letter 2.23.06, # 20 Exhibit #18 Barnhill 2007, # 21 Exhibit #19 Kelly 2007, # 22 Exhibit #20 Laisure, # 23 Exhibit #21 Zikis, # 24 Exhibit #22 Delahoussaye 2007, # 25 Exhibit NEJM Amicus Brief in Levine, # 26 Exhibit #24 10.85 Advisory Opinions)(Jensen, Keith) (Entered: 01/05/2009)
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Legal Document (Payment Possibly Required) 49 Filed: 12/30/2008, Entered: None
NOTICE of Attorney Appearance by Marc R. Scheer on behalf of Mutual Pharmaceutical Company, Inc. and United Research Laboratories, Inc. (Scheer, Marc) (Entered: 12/30/2008)
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Legal Document (Payment Possibly Required) 48 Filed: 12/19/2008, Entered: None Court Filing
ORDER re 37 Motion to Compel. Counsel to meet as outlined. Hearing to be held if necessary in January; counsel to notify deputy clerk on or before 1/5/09. ( Miscellaneous Deadline set for 1/5/2009.) Signed by Judge Joseph N. Laplante. (dae) (Entered: 12/22/2008)
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Legal Document (Payment Possibly Required) 47 Filed: 12/11/2008, Entered: None
OBJECTION to 37 MOTION to Compel Discovery and Response to Motion to Compel Discovery/Overrule Objections filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Memorandum of Law In Support of Defendants' Objection and Response to Plaintiffs' Motion to Compel/Overrule, # 2 Exhibit (Affidavit) Decl. In Support of Defendants' Objection and Response to Plaintiffs' Motion to Compel/Overrule)(Cosgrove, Paul) (Entered: 12/11/2008)
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Legal Document (Payment Possibly Required) 46 Filed: 12/3/2008, Entered: None
Exhibit 28 - Changes in Labeling of ANDAs to 44 MOTION to Dismiss Based on Federal Preemption, 45 Exhibit,,,, by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit 29 - Demahy v Wyeth, # 2 Exhibit 30 - Kelly v. Wyeth, # 3 Exhibit 31 - Laisure-Radke v Par, # 4 Exhibit 32 - Sharp v. Leichus, # 5 Exhibit 33 - Goldych v. Eli Lilly, # 6 Exhibit 34 - Mensing v. Wyeth I, # 7 Exhibit 35 - Mensing v Wyeth II, # 8 Exhibit 36 - McKenney v. Purepac, # 9 Exhibit 37 - Morris v. Wyeth, # 10 Exhibit 38 - Smith v. Wyeth, # 11 Exhibit 39 - Wilson v. Wyeth, # 12 Exhibit 40 - Bolin v. SmithKline, # 13 Exhibit 41 - Masterson v. Apotex, # 14 Exhibit 42 - Valerio v. SmithKline, # 15 Exhibit 43 - Gaeta v. Perrigo Pharmaceuticals, # 16 Exhibit 44 - Conte v. Wyeth 2-20-07, # 17 Exhibit 45 - Conte v. Wyeth 9-14-06)(Maichl, Linda) (Entered: 12/03/2008)
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Legal Document (Payment Possibly Required) 45 Filed: 12/3/2008, Entered: None
Exhibit 15-1 - 44 Fed Reg 37434 to 44 MOTION to Dismiss Based on Federal Preemption by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit 15-2 - 44 Fed Reg 37434, # 2 Exhibit 16-1 - 65 Fed Reg 81082, # 3 Exhibit 16-2 - 65 Fed Reg 81082, # 4 Exhibit 17-1 - 54 Fed Reg 28872, # 5 Exhibit 17-2 - 54 Fed Reg 28872, # 6 Exhibit 17-3 - 54 Fed Reg 28872, # 7 Exhibit 17-4 - 54 Fed Reg 28872, # 8 Exhibit 18 - Guidance for Industry November 1999, # 9 Exhibit 19 - Guidance for Industry May 2000, # 10 Exhibit 20 - 30 Fed Reg 993, # 11 Exhibit 21 - 73 Fed Reg 2848, # 12 Exhibit 22-1 - 47 Fed Reg 46622, # 13 Exhibit 22-2 - 47 Fed Reg 46622, # 14 Exhibit 23 - FDA Amicus Colacicco 5-10-06, # 15 Exhibit 24 - FDA Amicus Colacicco 12-4-06, # 16 Exhibit 25 - FDA Letter Brief Perry, # 17 Exhibit 26 - 73 Fed Reg 49603, # 18 Exhibit 27-1 - FDA Amicus Wyeth v Levine, # 19 Exhibit 27-2 - FDA Amicus Wyeth v Levine)(Maichl, Linda) (Entered: 12/03/2008)
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Legal Document (Payment Possibly Required) 44 Filed: 12/3/2008, Entered: None Motion to Dismiss
MOTION to Dismiss Based on Federal Preemption filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 12/22/2008. (Attachments: # 1 Memorandum of Law in Support of Defendants' Motion to Dismiss Based on Federal Preemption, # 2 Exhibit (Affidavit) of Linda E. Maichl in Support of Motion to Dismiss Based on Federal Preemption, # 3 Exhibit 1 - drug approval history, # 4 Exhibit 2 - P.L. 98-417, # 5 Exhibit 3-1 - New Drug Application 1983, # 6 Exhibit 3-2 - New Drug Application 1983, # 7 Exhibit 4-1 - Drug Price Competition 9-6-84, # 8 Exhibit 4-2 - Drug Price Competition 9-6-84, # 9 Exhibit 5 - Drug Price Competition 9-12-84, # 10 Exhibit 6-1 - 57 Fed Reg 17950, # 11 Exhibit 6-2 - 57 Fed Reg 17950, # 12 Exhibit 7 - 48 Fed Reg 2751, # 13 Exhibit 8 - A Special Report from FDA, # 14 Exhibit 9 - FDA's CDER Handbook, # 15 Exhibit 10-1 - 50 Fed Reg 7452, # 16 Exhibit 10-2 - 50 Fed Reg 7452, # 17 Exhibit 10-3 - 50 Fed Reg 7452, # 18 Exhibit 11 - Postmarketing Surveillance Programs, # 19 Exhibit 12 - 21 C.F.R. 201.56, # 20 Exhibit 13 - 21 C.F.R. 201.57, # 21 Exhibit 14 - 71 Fed Reg 3922)(Maichl, Linda) Modified on 9/30/2009 to add: (kat). (Entered: 12/03/2008)
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Legal Document (Payment Possibly Required) 43 Filed: 11/28/2008, Entered: None
Notice of Intent to Reply to Objection to 27 MOTION for Protective Order and Plaintiffs' Response to Defendants' Conditional Waiver of Objection to Plaintiffs' Version of Para. 1(e) of the Proposed Protective Order. Follow up on Reply on 12/15/2008. (Cosgrove, Paul) (Entered: 11/28/2008)
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Legal Document (Payment Possibly Required) 42 Filed: 11/26/2008, Entered: None
EXHIBITS REFILED, SEE #46. Exhibit 28 - Changes in Labeling of ANDAs to 40 MOTION to Dismiss, 41 Exhibit,,, by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit 29 - Demahy v Wyeth, # 2 Exhibit 30 - Kelly v Wyeth, # 3 Exhibit 31 - Laisure-Radke v Par Pharmaceuticals, # 4 Exhibit 32 - Sharp v Leichus, # 5 Exhibit 33 - Goldych v Eli Lilly, # 6 Exhibit 34 - Mensing 562 F Supp 2d 1056, # 7 Exhibit 35 - Mensing 10-30-08, # 8 Exhibit 36 - McKenney v Purepac, # 9 Exhibit 37 - Morris v Wyeth, # 10 Exhibit 38 - Smith v Wyeth, # 11 Exhibit 39 - Wilson v Wyeth, # 12 Exhibit 40 - Bolin v SmithKline, # 13 Exhibit 41 - Masterson v Apotex, # 14 Exhibit 42 - Valerio v SmithKline, # 15 Exhibit 43 - Gaeta v. Perrigo, # 16 Exhibit 44 - Conte v Wyeth 2-20-07, # 17 Exhibit 45 - Conte v Wyeth 9-14-06)(Maichl, Linda) Modified on 12/3/2008 to add: EXHIBITS REFILED, SEE #46. (dae). (Entered: 11/26/2008)
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Legal Document (Payment Possibly Required) 41 Filed: 11/26/2008, Entered: None
EXHIBITS REFILED, SEE #45. Exhibit 15-1 - 44 Fed Reg 37434 to 40 MOTION to Dismiss by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit 15-2 - 44 Fed Reg 37434, # 2 Exhibit 16-1 - 65 Fed Reg 81082, # 3 Exhibit 16-2 - 65 Fed Reg 81082, # 4 Exhibit 17-1 - 54 Fed Reg 28872, # 5 Exhibit 17-2 - 54 Fed Reg 28872, # 6 Exhibit 17-3 - 54 Fed Reg 28872, # 7 Exhibit 17-4 - 54 Fed Reg 28872, # 8 Exhibit 18 - Guidance for Industry November 1999, # 9 Exhibit 19 - Guidance for Industry May 2000, # 10 Exhibit 20 - 30 Fed Reg 993, # 11 Exhibit 21 - 73 Fed Reg 2848, # 12 Exhibit 22-1 - 47 Fed Reg 46622, # 13 Exhibit 22-2 - 47 Fed Reg 46622, # 14 Exhibit 23 - FDA Amicus Colacicco 5-10-06, # 15 Exhibit 24 - FDA Amicus Colacicco 12-4-06, # 16 Exhibit 25 - FDA Letter Brief Perry/Novaritis, # 17 Exhibit 26 - 73 Fed Reg 49603, # 18 Exhibit 27-1 - FDA Amicus Wyeth v Levine, # 19 Exhibit 27-2 - FDA Amicus Wyeth v Levine)(Maichl, Linda) Modified on 12/3/2008 to add: EXHIBITS REFILED, SEE #45.(dae). (Entered: 11/26/2008)
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Legal Document (Payment Possibly Required) 40 Filed: 11/26/2008, Entered: None
MOTION REFILED, SEE #44. MOTION to Dismiss filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 12/15/2008. (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Exhibit (Affidavit) Linda E. Maichl, # 3 Exhibit 1 - Drug Approval, # 4 Exhibit 2 - P.L. 98-417, # 5 Exhibit 3-1 - New Drug Application 1983, # 6 Exhibit 3-2 - New Drug Application 1983, # 7 Exhibit 4-1 - Drug Price Competition 9-6-84, # 8 Exhibit 4-2 - Drug Price Competition 9-6-84, # 9 Exhibit 5 - Drug Price Competition 9-12-84, # 10 Exhibit 6-1 - 57 Fed Reg 17950, # 11 Exhibit 6-2 - 57 Fed Reg 17950, # 12 Exhibit 7 - 48 Fed Reg 2751, # 13 Exhibit 8 - A Special Report, # 14 Exhibit 9 - FDA's The CDER Handbook, # 15 Exhibit 10-1 - 50 Fed Reg 7452, # 16 Exhibit 10-2 - 50 Fed Reg 7452, # 17 Exhibit 10-3 - 50 Fed Reg 7452, # 18 Exhibit 11 - Postmarketing Surveillance Programs, # 19 Exhibit 12 - 21 C.F.R. 201.56, # 20 Exhibit 13 - 21 C.F.R. 201.57, # 21 Exhibit 14 - 71 Fed Reg 3922)(Maichl, Linda) Modified on 12/3/2008 to add: MOTION REFILED, SEE #44.(dae). (Entered: 11/26/2008)
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Legal Document (Payment Possibly Required) 39 Filed: 11/25/2008, Entered: None
NOTICE of Attorney Withdrawal by D. Michael Noonan on behalf of Karen L. Bartlett, Gregory S. Bartlett (Noonan, D.) (Entered: 11/25/2008)
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Legal Document (Payment Possibly Required) 38 Filed: 11/24/2008, Entered: None
Objection to 36 Reply to Objection to Motion, filed by Karen L. Bartlett, Gregory S. Bartlett. (Attachments: # 1 Memorandum of Law Memorandum Supporting Objection, # 2 Exhibit Email Exchange between Jensen and Cosgrove)(O'Neal, Patrick) (Entered: 11/24/2008)
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Legal Document (Payment Possibly Required) 37 Filed: 11/21/2008, Entered: None Motion to Compel
MOTION to Compel Discovery filed by Karen L. Bartlett, Gregory S. Bartlett. Follow up on Objection on 12/11/2008. (Attachments: # 1 Memorandum of Law In support of Motio to Compel, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2)(O'Neal, Patrick) (Entered: 11/21/2008)
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Legal Document (Payment Possibly Required) 36 Filed: 11/21/2008, Entered: None
REPLY to Objection to Motion re 27 MOTION for Protective Order /Notice of Conditional Waiver of Objection to Plaintiffs' Version of Paragraph 1(e) of the Proposed Protective Order filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit Declaration for Conditional Waiver of Objection to Plaintiffs' Version of Para. 1(e) of Proposed Protective Order)(Cosgrove, Paul) (Entered: 11/21/2008)
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Legal Document (Payment Possibly Required) 35 Filed: 11/21/2008, Entered: None
Subpoena to FDA by Karen L. Bartlett, Gregory S. Bartlett (O'Neal, Patrick) (Entered: 11/21/2008)
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Legal Document (Payment Possibly Required) 34 Filed: 11/18/2008, Entered: None
OBJECTION to 33 Supplemental MOTION to Continue Trial to April 2007 to Conform Trial Date to Agreed Deadlines as Submitted with previously filed Assented to Motion for Entry of Amended Pretrial Order filed by Karen L. Bartlett, Gregory S. Bartlett. (Jensen, Keith) (Entered: 11/18/2008)
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Legal Document (Payment Possibly Required) 33 Filed: 11/18/2008, Entered: None
Supplemental MOTION to Continue Trial to April 2007 to Conform Trial Date to Agreed Deadlines as Submitted with previously filed Assented to Motion for Entry of Amended Pretrial Order filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 12/8/2008. (Attachments: # 1 Memorandum of Law Supporting Defendants' Motion to Conform Trial Date to Agreed Deadlines As Submitted with Assented to Motion for Entry of Pretrial Order, # 2 Proposed Order Conforming Trial Date to Agreed Deadlines As Submitted with Assented to Motion for Entry of Am. Pretrial Order, # 3 Exhibit (Affidavit) Declaraton of Paul J. Cosgrove in Support of Motion to Conform Trial Date to Agreed Deadlines as Submitted with Assented to Motion for Am. Pretrial Order)(Cosgrove, Paul) (Entered: 11/18/2008)
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Legal Document (Payment Possibly Required) 32 Filed: 11/18/2008, Entered: None
OBJECTION to 29 MOTION for Leave to File Memorandum Exceeding Page Limit of Local Rule 7.1 filed by Karen L. Bartlett, Gregory S. Bartlett. (Attachments: # 1 Memorandum of Law Memorandum in Support of Objection)(O'Neal, Patrick) (Entered: 11/18/2008)
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Legal Document (Payment Possibly Required) 31 Filed: 11/18/2008, Entered: None
OBJECTION to 27 MOTION for Protective Order filed by Karen L. Bartlett, Gregory S. Bartlett. (Attachments: # 1 Proposed Order Proposed Protective Order)(O'Neal, Patrick) (Entered: 11/18/2008)
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Legal Document (Payment Possibly Required) 30 Filed: 11/13/2008, Entered: None
MEMORANDUM in Support re 29 MOTION for Leave to File Memorandum Exceeding Page Limit of Local Rule 7.1 filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Maichl, Linda) (Entered: 11/13/2008)
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Legal Document (Payment Possibly Required) 29 Filed: 11/13/2008, Entered: None
MOTION for Leave to File Memorandum Exceeding Page Limit of Local Rule 7.1 filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 12/1/2008. (Attachments: # 1 Exhibit 1 - Memorandum in Support of Motion to Dismiss based on Federal Preemption)(Maichl, Linda) (Entered: 11/13/2008)
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Legal Document (Payment Possibly Required) 28 Filed: 11/10/2008, Entered: None
Assented to MOTION to Amend Court's October 21, 2008, Pretrial Scheduling Order with Proposed Amended Order on behalf of all parties filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Cosgrove, Paul) (Entered: 11/10/2008)
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Legal Document (Payment Possibly Required) 27 Filed: 11/10/2008, Entered: None
MOTION for Protective Order filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. Follow up on Objection on 11/28/2008. (Attachments: # 1 Proposed Order [Proposed] Protective Order)(Cosgrove, Paul) (Entered: 11/10/2008)
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Legal Document (Payment Possibly Required) 26 Filed: 10/24/2008, Entered: None
Assented to MOTION for Linda F. Maichl to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000453322.) filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit (Affidavit) Linda F. Maichl, Esq.)(Friberg, John) (Entered: 10/24/2008)
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Legal Document (Payment Possibly Required) 25 Filed: 10/22/2008, Entered: None
NOTICE of Attorney Withdrawal by Leslie C. Nixon on behalf of Karen L. Bartlett, Gregory S. Bartlett (Nixon, Leslie) (Entered: 10/22/2008)
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Legal Document (Payment Possibly Required) 24 Filed: 10/21/2008, Entered: None Court Filing
///PRETRIAL ORDER. Claims against Brooks Pharmacy/Maxi Drug are dismissed. Length of Trial 12 days.Discovery Plan 22 approved with changes as outlined. Summary Judgment Motions due by 7/21/2009. Dispositive Motion Filing Deadline 11/30/2009. Trial 1/2010. Affirmative defenses stricken w/o prejudice as outlined. Signed by Judge Joseph N. Laplante. (dae) Modified on 10/24/2008 to add: Discovery Plan 22 approved with changes as outlined. and to add: relationship to Doc. 22 (dae). (Entered: 10/22/2008)
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Legal Document (Payment Possibly Required) 23 Filed: 10/15/2008, Entered: None
Letter to Clerk from Attorney Craig re: 10/16/08 pretrial participants by phone (dae) (Entered: 10/15/2008)
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Legal Document (Payment Possibly Required) 22 Filed: 10/10/2008, Entered: None
Proposed Discovery Plan per Fed. R. Civ. P. 26(f) and Court's Notice of Pretrial Conference filed by Karen L. Bartlett, Gregory S. Bartlett, Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc., Brooks Pharmacy. (Cosgrove, Paul) (Entered: 10/10/2008)
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Legal Document (Payment Possibly Required) 21 Filed: 10/10/2008, Entered: None
NOTICE of Appearance by Brooks Pharmacy. (Friberg, John) (Entered: 10/10/2008)
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Legal Document (Payment Possibly Required) 20 Filed: 10/7/2008, Entered: None
Notice to Substitute Attorney. Added attorney Joseph P. Thomas and Paul J. Cosgrove. Attorney Mark W. Shaughnessy terminated. (Cosgrove, Paul) (Entered: 10/07/2008)
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Legal Document (Payment Possibly Required) 19 Filed: 10/7/2008, Entered: None Court Filing
ORDER re Preliminary Pretrial Conference scheduled for 10/16 at 11AM. Signed by Judge Joseph N. Laplante. (dae) (Entered: 10/07/2008)
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Legal Document (Payment Possibly Required) 18 Filed: 10/1/2008, Entered: None
AFFIDAVIT re 14 Assented to MOTION for Patrick J. O'Neal to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000443921.) filed by Karen L. Bartlett, Gregory S. Bartlett (Noonan, D.) (Entered: 10/01/2008)
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Legal Document (Payment Possibly Required) 17 Filed: 10/1/2008, Entered: None
AFFIDAVIT re 13 Assented to MOTION for Keith M. Jensen to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000443897.) filed by Karen L. Bartlett, Gregory S. Bartlett (Noonan, D.) (Entered: 10/01/2008)
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Legal Document (Payment Possibly Required) 16 Filed: 9/30/2008, Entered: None
Assented to MOTION for Paul J. Cosgrove to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000445633.) filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit (Affidavit) Paul J. Cosgrove)(Friberg, John) (Entered: 09/30/2008)
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Legal Document (Payment Possibly Required) 15 Filed: 9/30/2008, Entered: None
Assented to MOTION for Joseph P. Thomas to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000445592.) filed by Mutual Pharmaceutical Company, Inc., United Research Laboratories, Inc.. (Attachments: # 1 Exhibit (Affidavit) Jospeh P. Thomas, Esq.)(Friberg, John) (Entered: 09/30/2008)
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Legal Document (Payment Possibly Required) 14 Filed: 9/25/2008, Entered: None
Assented to MOTION for Patrick J. O'Neal to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000443921.) filed by Karen L. Bartlett, Gregory S. Bartlett. (Noonan, D.) (Entered: 09/25/2008)
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Legal Document (Payment Possibly Required) 13 Filed: 9/25/2008, Entered: None
Assented to MOTION for Keith M. Jensen to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000443897.) filed by Karen L. Bartlett, Gregory S. Bartlett. (Noonan, D.) (Entered: 09/25/2008)
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Legal Document (Payment Possibly Required) 12 Filed: 9/18/2008, Entered: None
ANSWER to Complaint with jury demand filed by United Research Laboratories, Inc.. (Friberg, John) (Entered: 09/18/2008)
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Legal Document (Payment Possibly Required) 11 Filed: 9/18/2008, Entered: None
ANSWER to Complaint with jury demand filed by Mutual Pharmaceutical Company, Inc.. (Friberg, John) (Entered: 09/18/2008)
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Legal Document (Payment Possibly Required) 10 Filed: 9/18/2008, Entered: None
ANSWER to Complaint (Notice of Removal) with jury demand by Brooks Pharmacy. (Shaughnessy, Mark) (Entered: 09/18/2008)
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Legal Document (Payment Possibly Required) 9 Filed: 9/15/2008, Entered: None
Certified Copies of State Court Record 2 of 2. State Court Case No. 08-C-33, Rockingham County Superior Court (Friberg, John) Modified on 9/15/2008 to add: 2 of 2(amm). (Entered: 09/15/2008)
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Legal Document (Payment Possibly Required) 8 Filed: 9/15/2008, Entered: None
Certified Copies of State Court Record 1 of 2. State Court Case No. 08-C-33, Rockingham County Superior Court (Friberg, John) Modified on 9/15/2008 to add: 1 of 2 (amm). (Entered: 09/15/2008)
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Legal Document (Payment Possibly Required) 7 Filed: 9/9/2008, Entered: None
NOTICE of Attorney Appearance by Christine M. Craig on behalf of Karen L. Bartlett, Gregory S. Bartlett (Craig, Christine) (Entered: 09/09/2008)
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Legal Document (Payment Possibly Required) 6 Filed: 9/5/2008, Entered: None
Addendum/Exhibits A, B, C, D, and E to 1 Notice of Removal - New Case, by Mutual Pharmaceutical Company, Inc.. (Attachments: # 1 Exhibit Notice of Removal Exhibit A, # 2 Exhibit Notice of Removal Exhibit B-1, # 3 Exhibit Notice of Removal Exhibit B-2, # 4 Exhibit Notice of Removal Exhibit B-3, # 5 Exhibit Notice of Removal Exhibit C, # 6 Exhibit Notice of Removal Exhibit D, # 7 Exhibit Notice of Removal Exhibit E)(Friberg, John) (Entered: 09/05/2008)
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Legal Document (Payment Possibly Required) 5 Filed: 9/5/2008, Entered: None
Disclosure Statement by Brooks Pharmacy disclosing parent companies, and no merger agreement (Shaughnessy, Mark) (Entered: 09/05/2008)
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Legal Document (Payment Possibly Required) 4 Filed: 9/5/2008, Entered: None
NOTICE of Attorney Appearance by Mark W. Shaughnessy on behalf of Brooks Pharmacy (Shaughnessy, Mark) (Entered: 09/05/2008)
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Legal Document (Payment Possibly Required) 3 Filed: 8/29/2008, Entered: None
Disclosure Statement by United Research Laboratories, Inc. disclosing parent companies, and no merger agreement (Friberg, John) (Entered: 08/29/2008)
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Legal Document (Payment Possibly Required) 2 Filed: 8/29/2008, Entered: None
Disclosure Statement by Mutual Pharmaceutical Company, Inc. disclosing parent companies, and no merger agreement (Friberg, John) (Entered: 08/29/2008)
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Legal Document (Payment Possibly Required) 1 Filed: 8/28/2008, Entered: None
NOTICE OF REMOVAL with Jury Demand from Rockingham County Superior Court, case number 08-c-33. (Filing fee $350) Receipt No. 01020000000000435248 filed by Karen L. Bartlett, Gregory S. Bartlett. Answer due by 9/22/2008. State Court Record due by 9/15/2008. (Attachments: # 1 State Court Record, # 2 Notice of Removal to Counsel, # 3 Defendant's Notice of Removal, # 4 Affidavit of John Friberg, # 5 Civil Cover Sheet)(amm) (Entered: 09/02/2008)
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