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15-360 - SMITHKLINE BEECHAM CORPORATION v. ABBOTT LABORATORIES


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15-360 - SMITHKLINE BEECHAM CORPORATION v. ABBOTT LABORATORIES
April 11, 2008
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ORDER by Judge Claudia Wilken denying (24) Motion to Dismiss; denying (29) Motion to Dismiss in case 4:07-cv-05470-CW; denying (44) Motion to Dismiss; denying (46) Motion to Dismiss; denying (19) Motion to Transfer Case in case 4:07-cv-05702-CW; denying (23) Motion to Dismiss in case 4:07-cv-06010-CW; denying (19) Motion to Dismiss in case 4:07-cv-05985-CW; denying (18) Motion to Dismiss in case 4:07-cv-06120-CW; denying (38) Motion to Dismiss in case 4:07-cv-06118-CW (scc, COURT STAFF) (Filed on 4/11/2008) [Transferred from California Northern on 5/1/2015.]
January 12, 2010
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ORDER by Judge Claudia Wilken DENYING (114) Defendant's Omnibus Motion to Dismiss in case 4:07-cv-05470-CW; DENYING (180) Defendant's Omnibus Motion to Dismiss in case 4:07-cv-05702-CW; DENYING (211) Defendant's Omnibus Motion to Dismiss in case 4:07-cv-05985-CW; DENYING (104) Defendant's Omnibus Motion to Dismiss in case 4:07-cv-06120-CW (cwlc2, COURT STAFF) (Filed on 1/12/2010) [Transferred from California Northern on 5/1/2015.]
June 2, 2010
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AMENDED ORDER by Judge Claudia Wilken DENYING (137) Abbott's Motion for Leave to Appeal in case 4:07-cv-05470-CW; DENYING (199) Abbott's Motion for Leave to Appeal in case 4:07-cv-05702-CW; DENYING (233) Abbott's Motion for Leave to Appeal in case 4:07-cv-05985-CW; DENYING (126) Abbott's Motion for Leave to Appeal in case 4:07-cv-06120-CW. Signed by Judge Claudia Wilken on 6/1/2010. AMENDED TO REFLECT ORDER OF 4/16/2010 PURSUANT TO PARTIES' STIPULATION. (cwlc2, COURT STAFF) (Filed on 6/2/2010) [Transferred from California Northern on 5/1/2015.]
January 14, 2011
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ORDER by Judge Claudia Wilken granting in part and denying in part (227) Motion for Summary Judgment; granting in part and denying in part (232) Motion for Summary Judgment in case 4:07-cv-05470-CW; granting in part and denying in part (283) Motion for Summary Judgment; granting in part and denying in part (287) Motion for Summary Judgment in case 4:07-cv-05702-CW; granting in part and denying in part (328) Motion for Summary Judgment; granting in part and denying in part (332) Motion for Summary Judgment in case 4:07-cv-05985-CW; granting in part and denying in part (209) Motion for Summary Judgment; granting in part and denying in part (213) Motion for Summary Judgment in case 4:07-cv-06120-CW (cwlc2, COURT STAFF) (Filed on 1/14/2011)[Transferred from California Northern on 5/1/2015.]
February 11, 2011
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ORDER by Judge Claudia Wilken DENYING (299) in case 4:07-cv-05470-CW, (368) in case 4:07-cv-05985-CW, (245) in case 4:07-cv-06120-CW Motion to Divide Trial into Two Phases ; DENYING (265) in case 4:07-cv-05470-CW, (354) in case 4:07-cv-05702-CW, (401) in case 4:07-cv-05985-CW, (279) in case 4:07-cv-06120-CW Defendant's Motion for an Order Shortening Trial; RULING ON MOTIONS IN LIMINE and DIRECTING PARTIES TO FILE FURTHER BRIEFING ON JURY INSTRUCTIONS (Attachments: # (1) Exhibit Preliminary Jury Instructions - 2-11-2011) (cwlc2, COURT STAFF) (Filed on 2/11/2011) [Transferred from California Northern on 5/1/2015.]
February 24, 2011
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PRELIMINARY JURY INSTRUCTIONS. Signed by Judge Claudia Wilken on 2/24/2011. (cwlc2, COURT STAFF) (Filed on 2/24/2011) [Transferred from California Northern on 5/1/2015.]
July 8, 2011
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ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS 489 MOTION FOR ENTRY OF JUDGMENT. Signed by Judge Claudia Wilken on 7/8/2011. (ndr, COURT STAFF) (Filed on 7/8/2011) [Transferred from California Northern on 5/1/2015.]
September 6, 2011
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ORDER by Judge Claudia Wilken DENYING ABBOTTS 525 RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW AND GRANTING AS UNOPPOSED GSKS524 MOTION TO AMEND THE JUDGMENT. (ndr, COURT STAFF) (Filed on 9/6/2011)[Transferred from California Northern on 5/1/2015.]
July 11, 2014
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ORDER ORDER SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 7/23/2014; Case Management Conference set for 7/30/2014 02:00 PM. Signed by Judge Caudia Wilken on 7/11/2014. (ndr, COURT STAFF) (Filed on 7/11/2014)[Transferred from California Northern on 5/1/2015.]
November 24, 2014
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ORDER by Judge Claudia Wilken DENYING DEFENDANT'S 574 RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW. (ndr, COURT STAFF) (Filed on 11/24/2014) Modified on 11/24/2014 (cpS, COURT STAFF). [Transferred from California Northern on 5/1/2015.]
January 23, 2015
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ORDER by Judge Claudia Wilken GRANTING 612 MOTION TO CLARIFY ; AND ALLOWING PARTIES TO FILE FURTHER BRIEFING WITH REGARD TO JURY INSTRUCTIONS, VERDICT FORM. (Attachments: # (1) Preliminary Jury Instructions, # (2) Final Jury Instructions, # (3) Verdict Form). (ndr, COURT STAFF) (Filed on 1/23/2015) [Transferred from California Northern on 5/1/2015.]
February 17, 2015
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Order by Hon. Claudia Wilken granting in part and denying in part re 617 Motion to resolve their dispute regarding timing and limitations on supplemental expert discovery..(cwlc2, COURT STAFF) (Filed on 2/17/2015) Modified on 2/18/2015 (cpS, COURT STAFF). [Transferred from California Northern on 5/1/2015.]
February 20, 2015
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ORDER by Hon. Claudia Wilken on objections to jury instructions and verdict form (Attachments: # (1) Preliminary Jury Instructions, # (2) Final Jury Instructions, # (3) Verdict Form)(cwlc2, COURT STAFF) (Filed on 2/20/2015)[Transferred from California Northern on 5/1/2015.]
April 10, 2015
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ORDER granting and denying in part 650 MOTION in Limine filed by Abbott Laboratories, and 656 MOTION in Limine filed by SmithKline Beecham Corporation, dba GlaxoSmithKline. Signed by Judge Claudia Wilken on 04/10/2015. (tmiS, COURT STAFF) (Filed on 4/10/2015) [Transferred from California Northern on 5/1/2015.]
April 14, 2015
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STIPULATED ORDER TRANSFERRING CASE. Signed by Judge Claudia Wilken on 04/14/2015. (tmi, COURT STAFF) (Filed on 4/14/2015) [Transferred from California Northern on 5/1/2015.]
March 10, 2016
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MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR. on 3/10/2016, that As a result of the foregoing, this court finds as follows: 1. Briefing should proceed to address the choice-of-law issue. Abbott has filed a motion, (Doc. [710)], contending that either Pennsylvania or New York law applies and that Abbott is entitled to judgment on the pleadings. GSK is hereby directed to respond to that motion within thirty (30) days of the entry of this order. Abbott shall thereafter have fourteen (14) days to file a reply. 2. To the extent appropriate, Abbott may file a motion and brief seeking dismissal of the North Carolina UDTPA claim to the extent that Abbott contends that dismissal of the antitrust claim supports dismissal of the related claim. The brief in support of the motion shall be limited to twelve (12) pages in length. GSK may file a response, no more than ten (10) pages in length, and Abbott may file a reply of no more than five (5) pages in length. The parties should bear in mind that the prior trial transcripts as well as the Ninth Circuit opinion are now a part of the record, such that extensive factual recitations are not necessary. 3. Abbott's requests to file a Daubert motion and to limit the instructions and consideration of the contract theory are both denied without prejudice. 4. Because of the complexity of this case, the procedural history, the choice- of-law issues, and the potential for wasted judicial resources if this case is ultimately set for trial before a different court, this court will retain jurisdiction of this matter through trial. In light of the briefing, this court is considering a peremptory trial setting in either August or October 2016. The parties are directed to confer and advise the court in a joint filing of the anticipated length of trial as well as availability of the parties and counsel for a trial date in either August or October 2016.Consequently, to the extent that it is consistent with this Memorandum Opinion and Order, Defendant's Motion Requesting that its Motion for Judgment on the Pleadings be Fully Briefed and Heard Before Trial (Doc. 712) is GRANTED IN PART AND DENIED IN PART without prejudice. (Butler, Carol)
March 20, 2017
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MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR. on 3/20/2017, for the reasons stated herein, ORDERED that Defendant's Motion for Judgment on the Pleadings Based on Changed Choice-of-Law Principles (Doc. 710) and Alternative Motion to Dismiss GSK's Unfair and Deceptive Acts Claim under North Carolina Law (Doc. 721) are DENIED. (Butler, Carol)