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09-2067 - In Re: Celexa and Lexapro Marketing and Sales Practices Litigation


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09-2067 - In Re: Celexa and Lexapro Marketing and Sales Practices Litigation
November 10, 2010
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER "In accordance with the foregoing, 1) defendants' motions to dismiss the Wilcox class action complaint and the Municipal Reinsurance and NM UFCW third-party-payer complaints (Docket Nos. 35 and 40) are DENIED as moot; 2) defendants' motion to dismiss the first amended Wilcox complaint (Docket No. 44) is ALLOWED and that complaint is DISMISSED without prejudice; and 3) defendants' motion to dismiss the Jaeckel and Palumbo consumer complaints (Docket No. 37) is DENIED." (Duong, Diep)
January 11, 2011
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM & ORDER "In accordance with the foregoing, the defendants' motion to dismiss the second amended Wilcox class action complaint (Docket No. 66) is DENIED." (Duong, Diep)
February 5, 2013
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: " In accordance with the foregoing, 1) The Jaeckal/Palumbo plaintiffs' motion for class certification (Docket No. 109) is DENIED, and 2) The Wilcox motion for class certification (Docket No.111) is DENIED. So ordered."(Moore, Kellyann)
January 10, 2014
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "In accordance with the foregoing, 1) Luster's motion to take judicial notice (Docket No. 258) is DENIED; 2) Luster's motion to stay (Docket No. 286) is DENIED; and 3) Plaintiffs' motion for class certification (Docket No. 230) is, with respect to the proposed Missouri consumer class, ALLOWED, but is, with respect to the proposed Illinois and New York consumer classes, DENIED. So ordered."(Moore, Kellyann)
March 5, 2014
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "Accordingly, defendants' motion to dismiss (Docket No. 16/ Master Docket No. 243) is ALLOWED. So ordered." Associated Cases: 1:09-md-02067-NMG, 1:13-cv-11343-NMG(Moore, Kellyann)
June 3, 2014
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "For the foregoing reasons: 1) Interested Party Natalie Luster's Motion to Intervene (Master Docket No. 358) is DENIED and 2) Luster's request for discovery (Docket No. 390) is, with respect to a) disclosure of the sources of data that the parties used to estimate damages, to the extent that such data has not already been disclosed, and b) production of the affidavit of Dr. Joel W. Hay that was filed under seal in support of plaintiffs' Motion for Class Certification, ALLOWED but is otherwise DENIED. So ordered."(Moore, Kellyann)
August 8, 2014
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "For the foregoing reasons, 1) plaintiff's motion for partial summary judgment (Docket No. 34/Master Docket No. 263) is DENIED; 2) defendants' cross motion for summary judgment (Docket No. 38/Master Docket No. 291) is ALLOWED; and 3) judgment shall enter in favor of defendants on all claims asserted in plaintiff's Second Amended Complaint (Master Docket No. 59) and the case is DISMISSED. So ordered."Associated Cases: 1:09-md-02067-NMG, 1:10-cv-10154-NMG(Moore, Kellyann)
September 8, 2014
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: " For the foregoing reasons: 1) the joint motion for final approval of the class settlement (Docket No. 409) is ALLOWED and the settlement is APPROVED; 2) the motion by plaintiffs for attorneys' fees, expenses and incentive awards (Docket No. 412) is ALLOWED, in part, and DENIED, in part, as follows: a) plaintiffs are entitled to reimbursement of litigation expenses totaling $325,000 to be paid out of the Common Fund; b) class representatives Ruth Dunham and Tanya Shippy are each awarded an incentive award of $10,000 to be paid out of the Common Fund; c) class counsel shall be paid $2,295,000 in attorneys' fees out of the $7,650,000 already paid into the Common Fund and additional fees at the rate of 20% of all amounts paid by Forest to class members in excess of the initial payment, up to a maximum of $2,796,250 in attorneys' fees; d) the remainder of the Common Fund not specifically allocated to attorneys' fees, expenses and incentive payments shall be distributed on a pro rata basis to the class members who have submitted valid claims; and 3) the motion by objector Natalie Luster for attorneys' fees, expenses and an incentive award (Docket No. 423) is ALLOWED, to the extent that counsel to the objector, Natalie Luster, shall be paid $50,000 in attorneys' fees out of the Common Fund, but is, in all other respects, DENIED. So ordered." (Moore, Kellyann)
December 12, 2014
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Judge Nathaniel M. Gorton: ENDORSED ORDER entered. MEMORANDUM AND ORDER: "For the foregoing reasons 1) defendants' motion to dismiss Painters' amended complaint (Civil Action No. 13-cv-13113, Docket No. 18) is as to Count V, ALLOWED, but is otherwise DENIED; and 2) defendants' motion to dismiss Allied Services/NM UFCW complaint (Civil Action No. 14-cv-10784, Docket No. 11) is ALLOWED. So ordered."Associated Cases: 1:09-md-02067-NMG, 1:13-cv-13113-NMG, 1:14-cv-10784-NMG(Moore, Kellyann)
June 15, 2015
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Judge Nathaniel M. Gorton: MEMORANDUM & ORDER entered. (Danieli, Chris)
June 2, 2016
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Judge Nathaniel M. Gorton: ENDORSED MEMORANDUM & ORDER entered denying 546 Motion to Certify Class (Caruso, Stephanie)
June 9, 2016
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Judge Nathaniel M. Gorton: ENDORSED MEMORANDUM & ORDER entered denying 548 Motion to Dismiss for Failure to State a Claim (Caruso, Stephanie)
August 8, 2016
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Judge Nathaniel M. Gorton: ENDORSED ORDER entered denying 576 Motion for Protective Order; denying 576 Motion for Extension of Time "the discovery and pretrial deadlines in this action are STAYED until 30 days after the First Circuit rules on the plaintiff's petition to appeal the denial of class certification. If the First Circuit allows the petition, the Court will reconsider the propriety of staying this case. If the First Circuit denies the petition the Court will reset the discovery and pretrial deadlines, allow discovery to proceed in this case and allow defendants to renew their motion for a protective order to limit the scope of discovery. Defendants' motion for a protective order and/or extension of the discovery deadlines (Docket No. 576) is, therefore, DENIED WITHOUT PREJUDICE." (Caruso, Stephanie)
August 8, 2016
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Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting 589 Motion Modify Class Briefing Schedule by Delana S Kiossovski, Renee Ramirez. See Attached Order. (Caruso, Stephanie)
August 15, 2017
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Judge Nathaniel M. Gorton: ENDORSED ORDER entered. MEMORANDUM AND ORDERFor the foregoing reasons, plaintiffs motion to certify a class (Docket No. 137) is DENIED. So ordered. Associated Cases: 1:09-md-02067-NMG, 1:14-cv-13848-NMG(Caruso, Stephanie) Modified on 8/15/2017 (Caruso, Stephanie).
October 27, 2017
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es each." (Caruso, Stephanie)Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting in part and denying in part 809 Motion to Seal Document and to file two briefs with excess pages 811 Memorandum in Opposition to Motion, 815 Memorandum in Opposition to Motion"Motion to file document under seal is allowed; motion to file briefs in excess pages is allowed, in part, and denied, in part; plaintiff's oppositions to defendant's Daubert and summary judgment motions shall be limited to 30 pag
January 2, 2018
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "For the foregoing reasons, plaintiffs objection to theruling by Magistrate Judge Bowler on plaintiffs motion tocompel (Docket No. 176) is OVERRULED and that ruling isAFFIRMED."Associated Cases: 1:09-md-02067-NMG, 1:14-cv-13848-NMG(Lima, Christine)
January 24, 2018
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Judge Nathaniel M. Gorton: ENDORSED ORDER entered. MEMORANDUM AND ORDERFor the foregoing reasons, plaintiffs objections to the rulings by Magistrate Judge Bowler on plaintiffs motion to compel (Painters and Kiossovski) (Docket No. 750) and defendants motion to quash the third party subpoena (Painters)(Docket No. 843) are OVERRULED and those rulings are AFFIRMED.So ordered.(Caruso, Stephanie)
January 26, 2018
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-02067-NMG) MOTION for Summary Judgment on All Claims in the Kiossovski Action filed by Forest Pharmaceuticals, Inc., Forest Laboratories, LLC; and granting 798 (in 1:09-md-02067-NMG) MOTION for Summary Judgment on All Claims inJudge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER denying as moot 661 (in 1:09-md-02067-NMG) MOTION for Summary Judgment on Forest's Statute of Limitations Affirmative Defense filed by Painters and Allied Trades District Council 82 Heath Care Fund; granting in part and denying as moot 676 (in 1:09-md-02067-NMG) Cross MOTION for Summary Judgment on All Claims filed by Forest Pharmaceuticals, Inc., Forest Laboratories, LLC; granting 797 (in 1:09-md the Painters Action filed by Forest Pharmaceuticals, Inc., Forest Laboratories, LLC. See order for details. Associated Cases: 1:09-md-02067-NMG, 1:13-cv-13113-NMG, 1:14-cv-13848-NMG(Lima, Christine)
March 12, 2018
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Judge Nathaniel M. Gorton: ENDORSED ORDER entered RE: 864. Request Granted. Associated Cases: 1:09-md-02067-NMG, 1:13-cv-13113-NMG, 1:14-cv-13848-NMG(Franklin, Yvonne)