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14-2592 - In Re: Xarelto (Rivaroxaban) Products Liability Litigation


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14-2592 - In Re: Xarelto (Rivaroxaban) Products Liability Litigation
August 17, 2015
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ORDER AND REASONS: ORDERED that Plaintiff Lynn Perry's Motion to Dismiss without Prejudice 1105 and Margery Newkirk's Motion to Dismiss without Prejudice 1131 are DENIED. The Court notes that Plaintiffs can re-urge these motions at a later date if they provide satisfactory reasoning for their voluntary motion to dismiss without prejudice or receive the consent of Defendants; IT IS FURTHER ORDERED that Plaintiff Donna Samford's Motion to Dismiss without Prejudice 1122 is GRANTED with the condition that if Ms. Samford refiles her claim, she re-files in federal court or MDL No. 2592. Signed by Judge Eldon E. Fallon on 8/17/2015. (Reference: 15-2153, 15-1327, 15-2593)(my)
January 25, 2016
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ORDER AND REASONS: IT IS ORDERED that Defendants' Motion for Additional Cameras at Depositions, R. Doc. 1923, is hereby GRANTED IN PART AND DENIED IN PART. The motion is GRANTED insofar as it allows for the videotaping of an examining attorney as well as the witness. The motion is DENIED insofar as it allows for the videotaping of any counsel that is not in the process of questioning the witness. IT IS FURTHER ORDERED that the cost of the second camera is to be borne by the requesting party, which in this case is the Defendant. IT IS FURTHER ORDERED that the parties shall meet and confer and submit a proposed pretrial order concerning deposition protocol which appropriately heeds this Court's findings on the propriety of the use of additional cameras.Signed by Judge Eldon E. Fallon on 1/25/2016. (Reference: All Cases)(my)
January 26, 2016
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ORDER AND REASONS: For the aforementioned reasons, IT IS ORDERED that Plaintiffs' discovery request for deponent personnel files presented in its Memorandum in Support of the Entry of the Plaintiffs' Steering Committee's Version of a Pretrial Order Regarding Deposition Guidelines. R. Doc. 1920, is hereby DENIED WITHOUT PREJUDICE. The PSC may file a separate motion for in camera review of the personnel files which addresses the flaws in relevance and particularity in its original memorandum.Signed by Judge Eldon E. Fallon on 1/26/2016.(Reference: All Cases)(my)
March 9, 2016
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ORDER AND REASONS GRANTING IN PART AND DENYING IN PART 1844 Motion for Entry of Proposed Order Regarding Contact with Physicians as set forth in document. IT IS FURTHER ORDERED that the Defendants shall refrain from engaging in any ex parte contacts with prescribing or treating physicians until this Order & Reasons is implemented through the entry of a pretrial order.IT IS FURTHER ORDERED that the parties shall meet and confer and submit a proposed pretrial order which appropriately heeds this Courts holding. Signed by Judge Eldon E. Fallon on 3/9/2016. (Reference: All Cases)(my)
April 8, 2016
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ORDER AND REASONS: For the aforementioned reasons, IT IS ORDERED that Defendants' Motion for Entry of a Protective Order Regarding Attorney Work Product is hereby DENIED. The motion is further DENIED insofar as Defendants argue that the PSC must satisfy Rule 612 of the Federal Rules of Evidence in order to obtain a list of documents witnesses reviewed in preparation for depositions. The PSC may seek the list under Rule 26(b) of the Federal Rules of Civil Procedure. Signed by Judge Eldon E. Fallon on 4/6/2016. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Reference: All Cases)(my)
May 16, 2016
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ORDER AND REASONS re 2951 Motion to Compel Discovery of Defendants' German Employees and their Personnel Files. IT IS ORDERED that Bayer shall produce a privacy log of the personnel files of Dr. Dagmar Kubitza and Dr. Frank Misselwitz on or before twenty-one days of the filing of this Order & Reasons. Bayer shall detail the character and quantity of the personal data contained within each file without disclosing its content. Signed by Judge Eldon E. Fallon on 5/13/2016.(Reference: All Cases)(my)
July 21, 2016
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039;s Motion to Compel insofar as it requests delivery of the personnel files to the PSC as set forth in document.Signed by Judge Eldon E. Fallon on 7/20/2016.(Reference: All Cases)(my)ORDER AND REASONS: IT IS ORDERED that the PSC's Motion to Compel 2951 is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED insofar as it requests in camera review of the following personnel files. The Court DEFERS JUDGMENT on the PSC&#
August 19, 2016
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ORDER AND REASONS GRANTING 3035 Motion to Remand to State Court. Signed by Judge Eldon E. Fallon on 8/17/2016. (Reference: 16-1066)(my)
September 16, 2016
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ORDER AND REASONS: IT IS ORDERED that certain personnel files produced by Bayer are to be delivered to the PSC. The court has returned the discoverable documents to Bayer's counsel to properly mark the documents and thereafter deliver them to the PSC.Signed by Judge Eldon E. Fallon on 9/16/2016.(Reference: All Cases)(my)
April 13, 2017
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ORDER AND REASONS DENYING 5109 Motion for Partial Summary Judgment. Signed by Judge Eldon E. Fallon on 4/12/2017. (Reference: All Cases)(my)
April 13, 2017
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ORDER AND REASONS DENYING 5110 Motion for Partial Summary Judgment. Signed by Judge Eldon E. Fallon on 4/13/2017. (Reference: All Cases)(my)
April 13, 2017
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ORDER AND REASONS: For the aforementioned reasons, IT IS ORDERED that Defendants' Motion to exclude certain opinions of Dr. Laura Plunkett 5108 is DENIED. IT IS FURTHER ORDERED that Defendants' Motion to exclude certain opinions of Dr. David Kessler 5111 is DENIED. IT IS FURTHER ORDERED that Defendants' Motion to exclude certain opinions of Dr. Suzanne Parisian 5112 is DENIED. IT IS FURTHER ORDERED that Defendants' Motion to exclude expert opinions and testimony regarding unapproved dosage and monitoring regimens 5113 is DENIED. IT IS FURTHER ORDERED that Defendants' Motion to preclude opinions and testimony regarding Plaintiffs' experts' 20-second PT cutoff guideline 5114 is DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motion to exclude certain opinions of Dr. James Reiffel 5116 is DENIED. IT IS FURTHER ORDERED that Defendants' Motion to exclude certain opinions of Dr. Nathaniel Winstead 5120 is DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motion to preclude speculative testimony about potential outcomes from other anticoagulants 5121 is DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motion to exclude certain opinions of Dr. J. Michael Gaziano 5127 is DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motion to preclude speculative testimony about potential outcomes from other anticoagulants 5399 is DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motion to exclude certain opinions of Drs. Scott Boniol and William Franklin Peacock IV 5401 is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' Motion to exclude certain opinions of Dr. Scott Boniol 5404 is GRANTED IN PART and DENIED IN PART.Signed by Judge Eldon E. Fallon on 4/12/2017. (Reference: All Cases)(my)
April 17, 2017
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ORDER AND REASONS DENYING 5118, 5119 Motions for Partial Summary Judgment as set forth in document. Signed by Judge Eldon E. Fallon on 4/17/2017. (Reference: All Cases)(mmv)
April 17, 2017
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ORDER AND REASONS DENYING 5115 Motion for Partial Summary Judgment as set forth in document. Signed by Judge Eldon E. Fallon on 4/17/2017. (Reference: All Cases)(my)
May 12, 2017
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ORDER AND REASONS denying 6112 Motion for Leave to Amend Complaint. Signed by Judge Eldon E. Fallon on 5/12/2017. (Reference: 15-3708)(my)
May 26, 2017
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ORDER AND REASONS DENYING 6556 Motion to Quash. Mr. Sanjay Jalota is compelled to appear at trial of this matter as a witness in the United States Courthouse for the District of New Jersey, located at Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Newark, NJ 07101, where he shall attend the trial in this matter by remote transmission. Further information regarding the time and logistics of this testimony will be forthcoming. Signed by Judge Eldon E. Fallon on 5/25/2017. (Reference: 15-3708)(my)
May 26, 2017
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ORDER AND REASONS: IT IS ORDERED that the following motions are SUSTAINED: R. Docs. 6445; 6474; 6480; 6492. IT IS FURTHER ORDERED that the following motions are DENIED: R. Docs. 6468; 6471; 6472; 6475, 6476, 6482, 6491. IT IS FURTHER ORDERED that the following motion is SUSTAINED IN PART AND RESERVED IN PART: R. Doc. 6477. IT IS FURTHER ORDERED that the following motion is DENIED IN PART AND RESERVED IN PART: R. Doc. 6469. Signed by Judge Eldon E. Fallon on 5/26/2017. (Reference: All Cases)(my)
June 12, 2017
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ORDER & REASONS that the Defendants' 6729 Motion to Vacate is DENIED. IT IS FURTHER ORDERED that this Court's prior order (R. Doc. 6196) be amended. The caption to that order should read. THIS DOCUMENT RELATES TO: Boudreaux et al. No. 14-2720 Orr et al. No. 15-370. Signed by Judge Eldon E. Fallon on 6/12/17.(Reference: 14-2720 and 15-3708)(dno)
July 21, 2017
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ORDER & REASONS that the Defendants' 6745 Motion for Partial Summary Judgment and 6749 Motion for Partial Summary Judgment, based on preemption principles are DENIED. Signed by Judge Eldon E. Fallon on 7/21/17. (Reference: 15-3469)(dno)
July 21, 2017
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ORDER & REASONS that the Plaintiff's 5517 testimony from six defense experts about the potential outcomes from other anticoagulants is DENIED. IT IS FURTHER ORDERED that the Defendants' 6740 Motion to Exclude expert opinions and testimony regarding unapproved dosing and monitoring regimens is DENIED. IT IS FURTHER ORDERED that the Defendants' 6820 Motion to Exclude the opinions and testimony from Plaintiffs' case specific expert Dr. Henry Rinder is DENIED. Signed by Judge Eldon E. Fallon on 7/21/17. (Reference: 15-3469)(dno)
July 21, 2017
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ORDER & REASONS that the Defendants' 6753 Motion for Partial Summary Judgment on the design-defect claim is hereby DENIED. Signed by Judge Eldon E. Fallon on 7/21/17. (Reference: 15-3469)(dno)
July 24, 2017
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ORDER AND REASONS that the Defendants' 6742 motion for partial summary judgment based on the learned intermediary doctrine is hereby DENIED. Signed by Judge Eldon E. Fallon on 7/24/2017. (Reference: 15-3469)(mmv)
July 24, 2017
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ORDER AND REASONS that the Defendants' 6739, 6758 motions for partial summary judgment on punitive damages are hereby DENIED. Signed by Judge Eldon E. Fallon on 7/24/2017. (Reference: 15-3469)(mmv)
September 20, 2017
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ORDER AND REASONS: IT IS ORDERED that the Plaintiffs' 6818, 7047 Motions for New Trial, are hereby DENIED as set forth in document. Signed by Judge Eldon E. Fallon on 9/20/2017. (Reference: 14-2720, 15-3708)(mmv)
October 10, 2017
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ORDER AND REASONS: For the aforementioned reasons, IT IS ORDERED that the Defendant's 5415 Motion for Summary Judgment, is hereby GRANTED as set forth in document. Signed by Judge Eldon E. Fallon on 10/10/2017. (Reference: 15-4790)(mmv)
October 12, 2017
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ORDER AND REASONS: IT IS ORDERED that the Plaintiff's 6412 Motion to Vacate Conditional Transfer Order is hereby DENIED as set forth in document. Signed by Judge Eldon E. Fallon on 10/12/2017. (Reference: 17-3464)(mmv)
December 14, 2017
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ORDER AND REASONS: IT IS ORDERED that the Plaintiff's 7586 Motion for New Trial, is hereby DENIED as set forth in document. Signed by Judge Eldon E. Fallon on 12/13/2017. (Reference: 15-3469)(mmv)