This case was last updated from PACER on 11/08/2020 at 08:14:00 (UTC).

Tracey v. GlaxoSmithKline, LLC

Case Summary

On 09/09/2020 Tracey filed a Personal Injury - Other Product Liability lawsuit against GlaxoSmithKline, LLC. This case was filed in U.S. District Courts, Massachusetts District. The Judge overseeing this case is F. Dennis Saylor, IV. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:20-CV-11667

  • Filing Date:

    09/09/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Massachusetts District

Judge Details

Presiding Judge

F. Dennis Saylor, IV

 

Party Details

Plaintiff

Ashley Tracey

Defendant

GlaxoSmithKline, LLC

Attorney/Law Firm Details

Plaintiff Attorney

M. Elizabeth Graham

Attorney at Grant & Eisenhofer, P.A.

123 Justison Street, Suite 700

Wilmington, DE 19801

Defendant Attorney

Jennifer M. Stevenson

Attorney at Shook, Hardy & Bacon L.L.P.

2555 Grand Blvd.

Kansas City, MO 64108

 

Court Documents

#20

RESTRICTED

#18

RESTRICTED

#13

RESTRICTED

#12

RESTRICTED

#6

(#6) NOTICE of Appearance by Jennifer M. Stevenson on behalf of GlaxoSmithKline, LLC (Stevenson, Jennifer) (Entered: 09/11/2020)

#4

(#4) Summons Issued as to GlaxoSmithKline, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) (Entered: 09/09/2020)

1 #2

Category Form

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against GlaxoSmithKline, LLC Filing fee: $ 400, receipt number 0101-8407771 (Fee Status: Filing Fee paid), filed by Ashley Tracey. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Graham, M.) (Entered: 09/09/2020)

 

Docket Entries

  • 11/03/2020
  • Docket(#21) NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:15-md-02657-FDS et al.(Coppola, Katelyn) (Entered: 11/06/2020)

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  • 11/03/2020
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  • Docket(#20) Transcript of Status Conference via Zoom Conference held on November 3, 2020, before Chief Judge F. Dennis Saylor IV. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Valerie OHara at vaohara@gmail.com. Redaction Request due 11/24/2020. Redacted Transcript Deadline set for 12/4/2020. Release of Transcript Restriction set for 2/1/2021. Associated Cases: 1:15-md-02657-FDS et al.(Coppola, Katelyn) (Entered: 11/06/2020)

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  • 11/02/2020
  • Docket(#17) NOTICE re: Hearing on Motion 2015 Emergency MOTION related to the Deposition of Dr. Ra-Id Abdulla: Motion Hearing set for 11/3/2020 at 10:00 AM in Remote Proceeding: Boston before Chief Judge F. Dennis Saylor IV: Counsel of record: To gain access to the hearing, please register at the following address: https://https://forms.mad.uscourts.gov/courtlist.html. (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.)This hearing will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) (Entered: 11/02/2020)

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  • 10/30/2020
  • Docket(#19) NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:15-md-02657-FDS et al.(Coppola, Katelyn) (Entered: 11/02/2020)

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  • 10/30/2020
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  • Docket(#18) Transcript of Status Conference by Zoom held on October 26, 2020, before Chief Judge F. Dennis Saylor IV. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Valerie OHara at vaohara@gmail.com. Redaction Request due 11/20/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/28/2021. Associated Cases: 1:15-md-02657-FDS et al.(Coppola, Katelyn) (Entered: 11/02/2020)

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  • 10/26/2020
  • Docket(#16) NOTICE re: Status Conference set for 11/16/2020 at 11:00 AM, in Remote Proceeding: Boston before Chief Judge F. Dennis Saylor IV.Counsel of record: To gain access to the hearing, please register at the following address: https://https://forms.mad.uscourts.gov/courtlist.html. (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.)This hearing will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) (Entered: 10/26/2020)

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  • 10/26/2020
  • Docket(#15) Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 10/26/2020.1) The Court heard updates on the current total of federal and state filings.2) The Court heard updates on discovery regarding supplemental disclosures from Novartis.3) A colloquy was held regarding 2009 Notice by GSK of Significant New Expert Developments and 2010 Response by Plaintiffs' Lead Counsel to GSK's Notice on Dr. Louik's supplemental deposition and its effect on the pending Daubert motion, 1251 GSK's Motion to Exclude Plaintiff's General Causation Experts Under Federal Rule of Evidence 702.4) The Court put the question of a trial date in the Rodriguez case on pause due to the difficulties posed by the ongoing COVID-19 pandemic. 5) A colloquy was held on 35 GSK's Motion for Order to Show Cause and 32 Plaintiffs Counsels Motion to Withdraw as Attorney in Ratliff, 20-cv-10047. The Court took the matter under advisement.6) The Court set a status conference for November 16, 2020, at 11:00 am. The conference shall be conducted by video conference. The clerk shall post video conference information on the docket via a separate entry. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) (Entered: 10/26/2020)

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  • 10/14/2020
  • Docket(#14) NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:15-md-02657-FDS et al.(Coppola, Katelyn) (Entered: 10/16/2020)

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  • 10/14/2020
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  • Docket(#13) Transcript of Status Conference held on October 7, 2020, before Chief Judge F. Dennis Saylor IV. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Valerie OHara at vaohara@gmail.com. Redaction Request due 11/4/2020. Redacted Transcript Deadline set for 11/16/2020. Release of Transcript Restriction set for 1/12/2021. Associated Cases: 1:15-md-02657-FDS et al.(Coppola, Katelyn) (Entered: 10/16/2020)

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  • 10/14/2020
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  • Docket(#12) Transcript of Status Conference held on October 5, 2020, before Chief Judge F. Dennis Saylor IV. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Valerie OHara at vaohara@gmail.com. Redaction Request due 11/4/2020. Redacted Transcript Deadline set for 11/16/2020. Release of Transcript Restriction set for 1/12/2021. Associated Cases: 1:15-md-02657-FDS et al.(Coppola, Katelyn) (Entered: 10/16/2020)

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1 More Docket Entries
  • 10/05/2020
  • Docket(#10) NOTICE re: Status Conference set for 10/26/2020 at 10:00 AM, in Remote Proceeding: Boston before Chief Judge F. Dennis Saylor IV. Counsel of record: To gain access to the hearing, please register at the following address: #https://https://forms.mad.uscourts.gov/courtlist.html. (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.)This hearing will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) (Entered: 10/05/2020)

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  • 10/05/2020
  • Docket(#9) Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 10/5/2020.1) The Court heard updates on the current total of federal and state filings.2) The Court heard updates on discovery regarding supplemental disclosures from Novartis and GSK related to recent changes to Zofran's labeling. 3) The Court heard arguments on 1983 Plaintiffs' Motion to Compel. The Court took the motion under advisement.4) The Court heard updates on FDA's "goal date" for action on the Zofran labeling Prior Approval Supplement. GSK reported that the FDA provided Novartis with a "goal date" of December 4, 2020 to act on the Prior Approval Supplement.5) The Court heard updates on supplemental expert depositions. Dr. Sadler's deposition is scheduled for October 9, 2020; Dr. Louik's deposition is scheduled for October 14, 2020; and Dr. Abdulla's deposition is scheduled October 29, 2020. The depositions will be conducted remotely. A colloquy was held regarding whether plaintiffs counsel will attend Dr. Louiks deposition in-person and whether deponents reviewing documents will count towards deposition time limit.6) The Court set a preliminary trial date for the Rodriguez case. The trial will start on January 26, 2021. That date is tentative and depends on forthcoming decisions from the Court, counsels' availabilities, and the ongoing COVID-19 pandemic. A colloquy was held on trial procedures given the difficulties posed by the ongoing COVID-19 pandemic. 7) The Court set a status conference for October 26, 2020, at 10:00 am. The conference shall be conducted by video conference. The clerk shall post video conference information on the docket via a separate entry. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) (Entered: 10/05/2020)

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  • 09/21/2020
  • Docket(#8) NOTICE re: Status Conference set for 10/5/2020 at 10:00 AM before Chief Judge F. Dennis Saylor IV.Counsel of record: To gain access to the hearing, please register at the following address: https://public.mad.uscourts.gov/seating-signup.html (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.)Access to the hearing will also be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscou rts.gov or contact media@mad.uscourts.gov.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) (Entered: 09/21/2020)

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  • 09/14/2020
  • Docket(#7) Electronic Clerk's Notes for proceedings held before Chief Judge F. Dennis Saylor, IV: Status Conference held on 9/14/2020.1) The Court heard updates on the current total of federal and state filings.2) The Court heard updates on discovery regarding supplemental disclosures from Novartis and GSK related to recent changes to Zofran's labeling. GSK anticipates providing written objections to Plaintiffs interrogatories and Plaintiffs anticipate filing a motion to compel.3) The Court heard updates on supplemental expert depositions. The Court postponed the deadline for Dr. Abdulla's deposition to December 1, 2020 and directed that the deposition be done remotely.4) The Court heard arguments on extending Dr. Louik's deposition from two to three hours. The Court treated GSK's request as a motion to modify the previous order and denied it. The Court stated that for all depositions conducted remotely, time spent on technical or organizational issues should be disregarded for purposes of time restrictions.5) A colloquy was held on 1974 Plaintiff's Response to GSK's Supplemental Memorandum in Support of its Renewed Motion for Summary Judgment Based on Federal Preemption and 1977 GSK's Supplemental Reply in Support of its Renewed Motion for Summary Judgment Based on Federal Preemption. The Court stated that the preemption issue is ripe for determination and that it would rule on the issue.6) A colloquy was held on the 16 GSK's Motion for Order to Show Cause in Roland, 20-cv-10901, and #18 Plaintiff's Counsel Motion to Withdraw as Attorney. The Court took the matter under advisement.7) A colloquy was held on scheduling a new trial date in the Rodriguez case while taking into consideration the difficulties posed by the ongoing COVID-19 pandemic. The Court advised the parties that, pending developments in other trials scheduled to begin shortly, it will aim to set a trial date by early October, with a trial likely to begin in January or February of 2021.8) The Court set a status conference for October 5, 2020, at 10:00 am. This conference shall be conducted by video conference. The clerk shall post video conference information on the docket via a separate entry. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Various) Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) (Entered: 09/21/2020)

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  • 09/11/2020
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  • Docket(#6) NOTICE of Appearance by Jennifer M. Stevenson on behalf of GlaxoSmithKline, LLC (Stevenson, Jennifer) (Entered: 09/11/2020)

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  • 09/09/2020
  • Docket(#5) NOTICE re: Status Conference set for 9/14/2020 at 10:00 AM before Chief Judge F. Dennis Saylor IV.Counsel of record: To gain access to the hearing, please register at the following address: https://public.mad.uscourts.gov/seating-signup.html (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.)Access to the hearing will also be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscour ts.gov or contact media@mad.uscourts.gov.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:15-md-02657-FDS et al.(Bono, Christine) (Entered: 09/09/2020)

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  • 09/09/2020
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  • Docket(#4) Summons Issued as to GlaxoSmithKline, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) (Entered: 09/09/2020)

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  • 09/09/2020
  • Docket(#3) NOTICE OF MDL CASE OPENED, Direct file in the District of Massachusetts; Tracey v, GlaxoSmithKline, LLC. In Re: Zofran (Ondansetron) Products Liability Litigation, MDL 2657. (Finn, Mary) (Entered: 09/09/2020)

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  • 09/09/2020
  • Docket(#2) ELECTRONIC NOTICE of Case Assignment. Chief Judge F. Dennis Saylor, IV assigned to case. (Finn, Mary) (Entered: 09/09/2020)

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  • 09/09/2020
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  • Docket(#1) COMPLAINT against GlaxoSmithKline, LLC Filing fee: $ 400, receipt number 0101-8407771 (Fee Status: Filing Fee paid), filed by Ashley Tracey. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Graham, M.) (Entered: 09/09/2020)

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