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15-553 - West v. Janssen Pharmaceuticals, Inc. (JOINT ASSIGN)(MAG2)


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15-553 - West v. Janssen Pharmaceuticals, Inc. (JOINT ASSIGN)(MAG2)
August 4, 2017
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REPORT AND RECOMMENDATION of the Magistrate Judge that the Court SEVER the claims of West and Harper and direct that each plf proceed separately in his own respective case; further RECOMMENDED if this Report and Recommendation is adopted, the Clerk should be directed to open a new separate file and docket for Harper, using the same judge assignments as the present case; Because Janssen removed the case to this Court, it is also respectfully RECOMMENDED that Janssen be required to pay the separate filing fee; further RECOMMENDED that the court GRANT IN PART the 66 and 78 MOTIONS for Summary Judgment in favor of def, Janssen Pharmaceuticals, Inc., and against plfs, Patricia West as legal guardian of Laquinton K. West, and Teresa Harper, as legal guardian of Clinton Harper, as to plf's claims for breach of express warranty, breach of implied warranty of fitness for a particular purpose, and civil conspirace as plfs have conceded def is entitled to judgment in their favor on those three claims; on the pending Daubert motions (Docs. 64, 107, 69, 73, 75, 80,82, and 84) and for the claims remaining in the summary judgment motions (Docs. 66, 78), it is further RECOMMENDED that the Court deny without prejudice the pending motions and direct that the parties may refile Daubert motions and/or dispositive motions on any of the remaining claims as it relates to the individual Plf in the respective Plf's case within 30 days from entry of the Order on this Report; further RECOMMENDED the Court should direct that, if refiled, the Daubert motions and summary judgment motions should be tailored to each particular Plf with citation to evidence and authority that relates to that particular Plf; Objections to R&R due by 8/21/2017. Signed by Honorable Judge David A. Baker on 8/4/17. (djy, )
September 8, 2017
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ORDER that the 173 Recommendation is ADOPTED. It is ORDERED as follows: (1) The claims of Plaintiff West and Plaintiff Harper are SEVERED, and each Plaintiff shall proceed separately in his own respective case; (2) The Clerk is DIRECTED to open a new case for Plaintiff Harper, assigning the same presiding and referral judges as the present case, and to docket in the new case this Order and a text entry indicating that all previous court documents were filed in 2:15-cv-553. All future filings relating to Plaintiff Harper shall be filed in the new case, and Defendant Janssen Pharmaceuticals, Inc., shall pay the separate filing fee on or before 9/12/2017; (3) The motions for summary judgment (Docs. 66, 78) are GRANTED IN PART in favor of Defendant and against Plaintiffs as to Plaintiffs claims for breach of express warranty, breach of implied warranty of fitness for a particular purpose, and civil conspiracy as Plaintiffs have conceded Defendant is entitled to judgment in their favor on those three claims; (4) On the pending Daubert motions (Docs. 64, 107, 69, 73, 75, 80, 82, and 84) and for the claims remaining in the summary judgment motions (Docs. 66, 78), it is ORDERED that the motions are DENIED without prejudice. The parties may refile Daubert motions and/or dispositive motions on any of the remaining claims as the claim relates to the individual Plaintiff in the respective Plaintiffs case on or before 30 days from the entry of this Order. If refiled, the Daubert motions and summary judgment motions should be tailored to each particular Plaintiff with citation to evidence and authority that relates to that particular Plaintiff. Signed by Chief Judge William Keith Watkins on 9/8/2017. Copy furnished to Intake. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
April 4, 2018
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Baker on 4/4/2018. (dmn, )REPORT AND RECOMMENDATION: It is the RECOMMENDATION of the Magistrate Judge that Defendant's 184 Motion for Summary Judgment be granted. It is further RECOMMENDED, if this Report and Recommendation is adopted, that the Plaintiffs 175 Motion to Exclude Certain Testimony by Janet Arrowsmith, M.D., Plaintiffs 177 Motion to Exclude Certain Testimony by Elias G. Chalhub, M.D., Defendants 186 Motion to Preclude Expert Testimony by Michael D. Freeman, MedDr, MPH, FAAFS, Defendants 188 Motion to Preclude Expert Testimony of Elizabeth Z. Naftalis, M.D., and Defendants 190 Motion to Preclude Expert Testimony of Laura M. Plunkett, PhD, DABT be denied as moot. Objections to R&R due by 4/18/2018. Signed by Honorable Judge David A.
April 26, 2018
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ORDER: Before the court is the Recommendation of the Magistrate Judge. (Doc. 211.) No party filed an objection to the Recommendation. Based upon an independent review of the record, it is ORDERED as follows: (1) The Recommendation (Doc. 211) is ADOPTED; (2) Defendant's Motion for Summary Judgment (Doc. 184) is GRANTED; and (3) Plaintiff's Motion to Exclude Certain Testimony by Janet Arrowsmith, M.D., (Doc. 175), Plaintiffs Motion to Exclude Certain Testimony by Elias G. Chalhub, M.D. (Doc. 177), Defendants Motion to Preclude Expert Testimony by Michael D. Freeman, MedDr, MPH, FAAFS (Doc. 186), Defendants Motion to Preclude Expert Testimony of Elizabeth Z. Naftalis, M.D. (Doc. 188), and Defendants Motion to Preclude Expert Testimony of Laura M. Plunkett, PhD, DABT (Doc. 190) are DENIED as moot. Final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 4/26/2018. (dmn, )
April 26, 2018
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FINAL JUDGMENT: In accordance with the prior proceedings, opinions, and orders of the court, it is the ORDER, JUDGMENT, and DECREE of the court that judgment is ENTERED in favor of Defendant Janssen Pharmaceuticals, Inc., and against Plaintiff Patricia West, as legal guardian of LaQuinton K. West.The Clerk of the Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. Signed by Chief Judge William Keith Watkins on 4/26/2018. (Attachments: # (1) Civil Appeals Checklist)(dmn, )