This case was last updated from PACER on 06/04/2018 at 10:58:17 (UTC).

Butler v. Bristol-Myers Squibb Company et al

Case Summary

On 06/01/2018 Butler filed a Personal Injury - Medical/Pharmaceutical Product Liability lawsuit against Bristol-Myers Squibb Company. This case was filed in U.S. District Courts, Kentucky Eastern District. The Judge overseeing this case is Karen K. Caldwell. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:18-CV-00375

  • Filing Date:

    06/01/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical/Pharmaceutical Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Kentucky Eastern District

Judge Details

Presiding Judge

Karen K. Caldwell

 

Party Details

Plaintiff

James Butler

Defendants

AstraZeneca LP

Bristol-Myers Squibb Company

AstraZeneca Pharmaceuticals LP

Attorney/Law Firm Details

Plaintiff Attorney

Jonathan Michael Sedgh

Attorney at Weitz & Luxenberg, PC

700 Broadway, 5Th Floor

New York, NY 10003

 

Court Documents

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Astrazeneca LP, re: #1 Complaint,. Document filed by James Butler. (Sedgh, Jonathan) [Transferred from nysd on 6/1/2018.] (Entered: 04/03/2018)

#5

(#5) REQUEST FOR ISSUANCE OF SUMMONS as to Bristol-Myers Squibb Company, re: #1 Complaint,. Document filed by James Butler. (Sedgh, Jonathan) [Transferred from nysd on 6/1/2018.] (Entered: 04/03/2018)

#6

(#6) ELECTRONIC SUMMONS ISSUED as to Astrazeneca LP. (jgo) [Transferred from nysd on 6/1/2018.] (Entered: 04/04/2018)

#7

(#7) ELECTRONIC SUMMONS ISSUED as to Bristol-Myers Squibb Company. (jgo) [Transferred from nysd on 6/1/2018.] (Entered: 04/04/2018)

#10

(#10) CASE TRANSFERRED IN from District of New York Southern. Case number 1:18-cv-02913. Original file, certified copy of transfer order and docket sheet received electronically. cc: COR w/ copy of docket sheet to non-registered filers (Entered: 06/01/2018)

#9

(#9) CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Eastern District of Kentucky. (Signed by MDL Panel on 5/31/2018) (sjo) [Transferred from nysd on 6/1/2018.] (Entered: 06/01/2018)

#8

(#8) ENDORSED LETTER addressed to Counsel from United States District Judge Naomi Reice Buchwald dated 4/19/18 re: James Butler v. Bristol-Myers Squibb Co., et al. ENDORSEMENT: The above-captioned action and another action, Havice v. Bristol-Myers Squibb Co., 18 Civ. 2914 (NRB), are pending before this Court. A review of the docket in the Havice action establishes that, by order of the Judicial Panel on Multidistrict Litigation (JPML), that action was transferred to the United States District Court for the Eastern District of Kentucky as part of MDL No. 2809, In re Onglyza (Saxagliptin) and Kombiglyze XR (Saxagliptin and Metformin) Products Liability Litigation. A review of the docket further suggests that the Butler and Havice actions not only raise substantially common questions of fact, but also feature nearly identical complaints. Given this similarity, it appears that the Butler action was inadvertently omitted from the notice of potential tag-along actions filed with the JPML identifying Havice and several other actions filed in this district. See Notice of Potential Tag-Along, Apr. 4, 2018, MDL No. 2809 ECF No. 82. If Butler was in fact inadvertently omitted from this notice, the JPML should be promptly informed of the pendency of the Butler action as a potential tag-along. (Signed by Judge Naomi Reice Buchwald on 4/19/2018) (mro) [Transferred from nysd on 6/1/2018.] (Entered: 04/20/2018)

#4

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan Michael Sedgh to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name whom summon is for is not correct on pdf;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) [Transferred from nysd on 6/1/2018.] (Entered: 04/04/2018)

#2

(#2) CIVIL COVER SHEET filed. (Sedgh, Jonathan) [Transferred from nysd on 6/1/2018.] (Entered: 04/02/2018)

10 #1

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#1

(#5) REQUEST FOR ISSUANCE OF SUMMONS as to Bristol-Myers Squibb Company, re: #1 Complaint,. Document filed by James Butler. (Sedgh, Jonathan) [Transferred from nysd on 6/1/2018.] (Entered: 04/03/2018)

 

Docket Entries

  • 06/01/2018
  • REMARK: Counsel shall refer to #www.kyed.uscourts.gov/518-md-02809-kkc for review of Orders relative to filing procedures in MDL 2809. If you are not registered as an ECF Filing User, please complete the ECF Registration Form and return it to the Clerk within twenty-one (21) days. cc: Order Regarding Practice & Procedure upon Transfer filed February 9, 2018 served via U.S. Mail to counsel not registered as ECF Filing Users. (CBD) (Entered: 06/01/2018)

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  • 06/01/2018
  • Conflict Check run. (CBD) (Entered: 06/01/2018)

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  • 06/01/2018
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  • (#10) CASE TRANSFERRED IN from District of New York Southern. Case number 1:18-cv-02913. Original file, certified copy of transfer order and docket sheet received electronically. cc: COR w/ copy of docket sheet to non-registered filers (Entered: 06/01/2018)

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  • 06/01/2018
  • MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - Eastern District of Kentucky. (sjo) [Transferred from nysd on 6/1/2018.] (Entered: 06/01/2018)

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  • 06/01/2018
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  • (#9) CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Eastern District of Kentucky. (Signed by MDL Panel on 5/31/2018) (sjo) [Transferred from nysd on 6/1/2018.] (Entered: 06/01/2018)

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  • 04/19/2018
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  • (#8) ENDORSED LETTER addressed to Counsel from United States District Judge Naomi Reice Buchwald dated 4/19/18 re: James Butler v. Bristol-Myers Squibb Co., et al. ENDORSEMENT: The above-captioned action and another action, Havice v. Bristol-Myers Squibb Co., 18 Civ. 2914 (NRB), are pending before this Court. A review of the docket in the Havice action establishes that, by order of the Judicial Panel on Multidistrict Litigation (JPML), that action was transferred to the United States District Court for the Eastern District of Kentucky as part of MDL No. 2809, In re Onglyza (Saxagliptin) and Kombiglyze XR (Saxagliptin and Metformin) Products Liability Litigation. A review of the docket further suggests that the Butler and Havice actions not only raise substantially common questions of fact, but also feature nearly identical complaints. Given this similarity, it appears that the Butler action was inadvertently omitted from the notice of potential tag-along actions filed with the JPML identifying Havice and several other actions filed in this district. See Notice of Potential Tag-Along, Apr. 4, 2018, MDL No. 2809 ECF No. 82. If Butler was in fact inadvertently omitted from this notice, the JPML should be promptly informed of the pendency of the Butler action as a potential tag-along. (Signed by Judge Naomi Reice Buchwald on 4/19/2018) (mro) [Transferred from nysd on 6/1/2018.] (Entered: 04/20/2018)

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  • 04/04/2018
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  • ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan Michael Sedgh to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name whom summon is for is not correct on pdf;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) [Transferred from nysd on 6/1/2018.] (Entered: 04/04/2018)

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  • 04/04/2018
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  • (#7) ELECTRONIC SUMMONS ISSUED as to Bristol-Myers Squibb Company. (jgo) [Transferred from nysd on 6/1/2018.] (Entered: 04/04/2018)

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  • 04/04/2018
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  • (#6) ELECTRONIC SUMMONS ISSUED as to Astrazeneca LP. (jgo) [Transferred from nysd on 6/1/2018.] (Entered: 04/04/2018)

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  • 04/03/2018
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  • (#5) REQUEST FOR ISSUANCE OF SUMMONS as to Bristol-Myers Squibb Company, re: #1 Complaint,. Document filed by James Butler. (Sedgh, Jonathan) [Transferred from nysd on 6/1/2018.] (Entered: 04/03/2018)

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1 More Docket Entries
  • 04/03/2018
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  • (#3) REQUEST FOR ISSUANCE OF SUMMONS as to Astrazeneca LP, re: #1 Complaint,. Document filed by James Butler. (Sedgh, Jonathan) [Transferred from nysd on 6/1/2018.] (Entered: 04/03/2018)

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  • 04/03/2018
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  • ADD PARTY FOR PLEADING. Defendants/Respondents Astrazeneca LP, Astrazeneca Pharmaceutical LP, Bristol-Myers Squibb Company added. Party added pursuant to #1 Complaint,.Document filed by James Butler. Related document: #1 Complaint,.(Sedgh, Jonathan) [Transferred from nysd on 6/1/2018.] (Entered: 04/03/2018)

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  • 04/03/2018
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  • ADD PARTY FOR PLEADING. Plaintiffs/Petitioners James Butler added. Party added pursuant to #1 Complaint,.Document filed by James Butler. Related document: #1 Complaint,.(Sedgh, Jonathan) [Transferred from nysd on 6/1/2018.] (Entered: 04/03/2018)

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  • 04/03/2018
  • Case Designated ECF. (sj) [Transferred from nysd on 6/1/2018.] (Entered: 04/03/2018)

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  • 04/03/2018
  • Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sj) [Transferred from nysd on 6/1/2018.] (Entered: 04/03/2018)

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  • 04/03/2018
  • CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sj) [Transferred from nysd on 6/1/2018.] (Entered: 04/03/2018)

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  • 04/03/2018
  • ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan Michael Sedgh. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None); County code New York. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff); the County code has been modified to XX Out of State. (sj) [Transferred from nysd on 6/1/2018.] (Entered: 04/03/2018)

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  • 04/03/2018
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  • ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jonathan Michael Sedgh to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; not all the filers were selected for the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) [Transferred from nysd on 6/1/2018.] (Entered: 04/03/2018)

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  • 04/02/2018
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  • (#2) CIVIL COVER SHEET filed. (Sedgh, Jonathan) [Transferred from nysd on 6/1/2018.] (Entered: 04/02/2018)

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  • 04/02/2018
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  • (#1) FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Astrazeneca LP, Astrazeneca Pharmaceutical LP, Bristol-Myers Squibb Company. (Filing Fee $ 400.00, Receipt Number 0208-14889267)Document filed by James Butler.(Sedgh, Jonathan) Modified on 4/3/2018 (sj). [Transferred from nysd on 6/1/2018.] (Entered: 04/02/2018)

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