COLACICCO v. APOTEX, INC. et al

Plaintiff:JOSEPH C. COLACICCO
Defendant:APOTEX, INC., APOTEX CORP. and SMITHKLINE BEECHAM
Respondent:UNITED STATES OF AMERICA
 
Case Number:2:2005cv05500
Filed:October 21, 2005
 
Court:Pennsylvania Eastern District Court
Office:Philadelphia Office [ Court Info ]
County:Philadelphia
Presiding Judge:HONORABLE MICHAEL M. BAYLSON
 
Nature of Suit:Torts - Injury - Personal Injury- Product Liability
Cause:28:1332 Diversity-(Citizenship)
Jurisdiction:Diversity
Jury Demanded By:Plaintiff
Date Filed # Docket Text
October 21, 2005 1 COMPLAINT against all defendants ( Filing fee $ 250 receipt number 922425.), filed by JOSEPH C. COLACICCO.(ks, ) (Entered: October 24, 2005)
October 21, 2005 Summons Issued as to APOTEX, INC., APOTEX CORP., SMITHKLINE BEECHAM. Forwarded To: Counsel on October 24, 2005 (ks, ) (Entered: October 24, 2005)
October 21, 2005 DEMAND for Trial by Jury by JOSEPH C. COLACICCO. (ks, ) (Entered: October 24, 2005)
November 7, 2005 2 AFFIDAVIT OF SERVICE by JOSEPH C. COLACICCO re Served Summons & Complaint upon Apotex, Canada by Certified Mail. (No Return Receipt Attached) (BRASLOW, DEREK) Modified on 11/8/2005 (np). (Entered: November 7, 2005)
November 7, 2005 3 AFFIDAVIT OF SERVICE by JOSEPH C. COLACICCO re Served Summons & Complaint upon Apotex, Florida by Certified Mail on 10/31/05. (BRASLOW, DEREK) Modified on 11/8/2005 (np). (Entered: November 7, 2005)
November 7, 2005 4 AFFIDAVIT OF SERVICE by JOSEPH C. COLACICCO re Thomas H. Volkman Served Summons & Complaint upon Jean Sherwood on behalf of GlaxoSmithKline by Personal Service on 11/02/05(BRASLOW, DEREK) Modified on 11/8/2005 (np). (Entered: November 7, 2005)
November 22, 2005 5 MOTION to Dismiss filed by SMITHKLINE BEECHAM.Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Memoradum in Support# 3 Certificate of Service)(SCHILLER, JOSHUA) (Entered: November 22, 2005)
November 30, 2005 6 STIPULATION re 5 MOTION to Dismiss by JOSEPH C. COLACICCO. (BRASLOW, DEREK) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 12/1/2005 (np). (Entered: November 30, 2005)
December 6, 2005 7 STIPULATION AND ORDER THAT PLAINTIFF SHALL HAVE AN ADDITIONAL FOURTEEN (14) DAYS IN WHICH TO RESPOND TO DEFENDANT'S MOTION TO DISMISS AND SHALL RESPOND NO LATER THAN 12/20/05. SIGNED BY JUDGE MICHAEL M. BAYLSON ON 12/6/05. 12/6/05 ENTERED AND COPIES FAXED BY CHAMBERS.(fdc) (rf, ). (Entered: December 6, 2005)
December 14, 2005 8 WAIVER OF SERVICE Returned Executed by JOSEPH C. COLACICCO. APOTEX, INC. waiver sent on 10/26/2005, answer due 12/27/2005. (BRASLOW, DEREK) (Entered: December 14, 2005)
December 20, 2005 9 Memorandum In Opposition re 5 MOTION to Dismiss Counts III thru X of Plaintiff's Complaint filed by JOSEPH C. COLACICCO. (BRASLOW, DEREK) (Entered: December 20, 2005)
December 26, 2005 10 DEFTS' MOTION TO DISMISS COMPLAINT FILED BY APOTEX, INC., APOTEX CORP..MEMORANDUM, CERT. OF SERVICE. (Attachments: # 1 Memorandum Of Law)(pr, ) (Entered: December 27, 2005)
December 27, 2005 11 Memorandum of Law filed by SmithKline Beecham in Response to Plaintiff's Opposition to Defendant's Motion to Dismiss re 5 MOTION to Dismiss filed by SMITHKLINE BEECHAM, Certificate of Service. (SCHILLER, JOSHUA) Modified on 12/28/2005 (np). (Entered: December 27, 2005)
December 28, 2005 12 STIPULATION re 10 MOTION to Dismiss Time Extension for Plaintiff to Respond by JOSEPH C. COLACICCO. (BRASLOW, DEREK) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 12/29/2005 (np). (Entered: December 28, 2005)
December 29, 2005 13 STIPULATION AND ORDER THAT THE TIME FOR PLAINTIFF TO RESPOND TO DEFENDANTS' MOTION TO DISMISS IS EXTENDED UNTIL 2/8/06. SIGNED BY JUDGE MICHAEL M. BAYLSON ON 12/28/05. 12/29/05 ENTERED AND COPIES MAILED AND FAXED.(stb, ) (rf, ). (Entered: December 29, 2005)
December 30, 2005 14 NOTICE of Appearance by CHARLES A. FITZPATRICK, III on behalf of APOTEX, INC., APOTEX CORP. with Certificate of Service (stb, ) (Entered: December 30, 2005)
January 10, 2006 15 STIPULATION AND ORDER THAT PLAINTIFF SHALL HAVE AN ADDITIONAL THIRTY (30) DAYS IN WHICH TO RESPOND TO DEFENDANT'S MOTION TO DISMISS AND SHALL RESPOND NO LATER THAN 2/8/06. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 1/10/06. 1/10/06 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS.(fdc) (rf, ). (Entered: January 10, 2006)
February 7, 2006 16 MOTION Consolidated Oral Argument on Defendant's Separate Motions to Dismiss re 10 MOTION to Dismiss, 5 MOTION to Dismiss w/ proposed order filed by JOSEPH C. COLACICCO..(POGUST, HARRIS) (Entered: February 7, 2006)
February 7, 2006 17 RESPONSE in Opposition re 10 MOTION to Dismiss and Statement of Undisputed Facts w/proposed order filed by JOSEPH C. COLACICCO. (POGUST, HARRIS) (Entered: February 7, 2006)
February 7, 2006 18 Memorandum in Opposition re 10 MOTION to Dismiss filed by JOSEPH C. COLACICCO. (POGUST, HARRIS) (Entered: February 7, 2006)
February 7, 2006 19 Memorandum re 10 MOTION to Dismiss w/Exhibits filed by JOSEPH C. COLACICCO. (Attachments: # 1 Exhibit Plaintiff's Exhibit A# 2 Exhibit Plaintiff's Exhibit B)(POGUST, HARRIS) (Additional attachment(s) added on 1/17/2008: # 3 o) (rf, ). (Entered: February 7, 2006)
February 28, 2006 20 NOTICE of Hearing: ORAL ARGUMENT ON DEFENDANTS' MOTION TO DISMISS SET FOR 3/8/2006 11:00 AM IN COURTROOM 3B BEFORE HONORABLE MICHAEL M. BAYLSON. (ltm, ) (Entered: February 28, 2006)
March 1, 2006 21 NOTICE of Appearance by DAVID J. STANOCH on behalf of SMITHKLINE BEECHAM with Certificate of Service (STANOCH, DAVID) (Entered: March 1, 2006)
March 3, 2006 22 AMENDED NOTICE of Hearing: ORAL ARGUMENT ON DEFENDANTS' MOTIONS TO DISMISS SET FOR 3/17/2006 09:30 AM IN COURTROOM BEFORE HONORABLE MICHAEL M. BAYLSON. (ltm, ) (Entered: March 3, 2006)
March 6, 2006 23 MOTION for Leave to Appear Pro Hac Vice Pursuant to Local Rule 83.5.2(b) filed by SMITHKLINE BEECHAM.Application of S. Samuel Griffin to practice before the Court pursuant to Local Rule 83.5.2(b).(STANOCH, DAVID) (Entered: March 6, 2006)
March 6, 2006 24 MOTION for Leave to Appear Pro Hac Vice Pursuant to Local Rule 83.5.2(b) filed by SMITHKLINE BEECHAM.Application of Andrew T. Bayman to practice before the Court pursuant to Local Rule 83.5.2(b).(STANOCH, DAVID) (Entered: March 6, 2006)
March 6, 2006 25 MOTION for Leave to Appear Pro Hac Vice Pursuant to Local Rule 83.5.2(b) filed by SMITHKLINE BEECHAM.Application of Erica M. Long to practice before the Court pursuant to Local Rule 83.5.2(b).(STANOCH, DAVID) (Entered: March 6, 2006)
March 7, 2006 Pro Hac Vice Filing Fee (S. Samuel Griffin): $ 40.00, receipt number 926425. (fdc) (Entered: March 7, 2006)
March 7, 2006 Pro Hac Vice Filing Fee: (Erica M. Long) $ 40.00, receipt number 926426. (fdc) (Entered: March 7, 2006)
March 7, 2006 Pro Hac Vice Filing Fee: (Andrew T. Bayman) $ 40.00, receipt number 926427. (fdc) (Entered: March 7, 2006)
March 13, 2006 26 Memorandum in Opposition re 10 MOTION to Dismiss, 5 MOTION to Dismiss Supplemental Memorandum in Opposition to the Separate Motions to Dismiss of Defendants' Apotex, Inc., Apotex, Corp., and SmithKline Beecham w/ accompanying exhibit and Certificates of Service filed by JOSEPH C. COLACICCO. (Attachments: # 1 Exhibit A)(POGUST, HARRIS) (Entered: March 13, 2006)
March 13, 2006 27 Letter Brief RE: RESPONSE in Support re 5 MOTION to Dismiss Supplemental Brief in Support of GSK's Motion to Dismiss w/ Exhibit A (note: Exhibits B and C too large to be attached to this filing) filed by SMITHKLINE BEECHAM. (Attachments: # 1 Exhibit A)(STANOCH, DAVID) Modified on 3/14/2006 (np). (Entered: March 13, 2006)
March 13, 2006 28 Supplemental Brief in Support of Motion to Dismiss Complaint of DefendantsAPOTEX, INC., APOTEX CORP., Certificate of Service. (fdc) Additional attachment(s) added on 3/14/2006 (fdc, ). (Entered: March 14, 2006)
March 16, 2006 29 ORDER THAT THE APPLICATION OF ANDREW T. BAYMAN, ESQ. TO APPEAR PRO HAC VICE ON BEHALF OF SMITHKLINE BEECHAM IS GRANTED. SIGNED BY JUDGE MICHAEL M. BAYLSON ON 3/15/06. 3/16/06 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS. (fdc) (rf, ). (Entered: March 16, 2006)
March 16, 2006 30 ORDER THAT THE APPLICATION OF S. SAMUEL GRIFFIN, ESQ. TO APPEAR PRO HAC VICE ON BEHALF OF SMITHKLINE BEECHAM IS GRANTED. SIGNED BY JUDGE MICHAEL M. BAYLSON ON 3/15/06. 3/16/06 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS. (fdc) (rf, ). (Entered: March 16, 2006)
March 16, 2006 31 ORDER THAT THE APPLICATION OF ERICA M. LONG, ESQ. TO APPEAR PRO HAC VICE ON BEHALF OF SMITHKLINE BEECHAM IS GRANTED. SIGNED BY JUDGE MICHAEL M. BAYLSON ON 3/15/06. 3/16/06 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS. (fdc) (rf, ). (Entered: March 16, 2006)
March 24, 2006 32 AMENDED COMPLAINT against APOTEX, INC., APOTEX CORP., SMITHKLINE BEECHAM , filed by JOSEPH C. COLACICCO, Certificate of Service.(Attachments: # 1 part2# 2 part3# 3 part4)(fdc) (Entered: March 24, 2006)
March 27, 2006 33 Second Supplemental Brief in Support of Motion to Dismiss Complaint of DEFENDANTS APOTEX, INC., APOTEX CORP., Certificate of Service. (fdc) (Entered: March 27, 2006)
March 27, 2006 34 Letter RE: RESPONSE in Support re 5 MOTION to Dismiss GSK's Second Supplemental Brief filed by SMITHKLINE BEECHAM. (STANOCH, DAVID) Modified on 3/28/2006 (np). (Entered: March 27, 2006)
March 27, 2006 35 TRANSCRIPT of Oral Arguments Hearing held on 3/17/06 before Judge Baylson. (fdc) (Entered: March 27, 2006)
March 27, 2006 38 Letter from counsel (ldb, ) (Entered: March 29, 2006)
March 28, 2006 36 Minute Entry for proceedings held before Judge MICHAEL M. BAYLSON : Motion Hearing held on 3/17/06. Re: Motion to Dismiss Complaint. (fdc) (Entered: March 28, 2006)
March 28, 2006 37 Letter mailed to Food and Drug Agministration requesting amicus brief. (ldb, ) (Entered: March 28, 2006)
March 31, 2006 39 RESPONSE in Support re 5 MOTION to Dismiss GSK's Brief in Response to Plaintiff's Amended Complaint and in Support of GSK's Motion to Dismiss filed by SMITHKLINE BEECHAM. (Attachments: # 1 Exhibit A)(STANOCH, DAVID) (Entered: March 31, 2006)
March 31, 2006 40 Defendants' Supplemental Brief in Light of Amended Complaint in Support of Motion to Dismiss Action pursuant to Rule 12(b)(6) on behalf of Defendants Apotex, Inc. and Apotex Corporation, Certificate of Service. (fdc) (Entered: April 3, 2006)
April 6, 2006 41 PLAINTIFF JOSEPH C. COLACICCO'S Memorandum in Opposition to the Separate Renewed Motions to Dismiss 5 & 10 of Defendants Apotex & SmithKline Beecham d/b/a GlaxoSmithKline w/ Certs of Service. (BRASLOW, DEREK) Modified on 4/10/2006 (fh) (Entered: April 6, 2006)
April 6, 2006 42 CERTIFICATE OF SERVICE by JOSEPH C. COLACICCO re 41 Memorandum, in Opposition to the Separate Renewed Motions to Dismiss of Defendants Apotex and SmithKline Beecham d/b/a GlaxoSmithKline (BRASLOW, DEREK) (Entered: April 6, 2006)
April 20, 2006 43 ORDER THAT THE GOVERNMENT SHALL SUBMIT THEIR AMICUS BRIEF BY CLOSE OF BUSINESS ON WEDNESDAY, 5/10/06. SIGNED BY JUDGE MICHAEL M. BAYLSON ON 4/19/06. 4/20/06 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(fdc) (Entered: April 20, 2006)
May 5, 2006 44 Letter from Judge Baylson to Sharon Swingle, Esq. Re: Questions for the amicus brief. (fdc) (Entered: May 8, 2006)
May 10, 2006 45 Brief for Amicus Curiae by THE UNITED STATES OF AMERICA, Certificate of Service. (fdc) Additional attachment(s) added on 5/11/2006 (fdc, ). (Entered: May 10, 2006)
May 10, 2006 46 Addendum to Brief for Amicus Curiae by UNITED STATES OF AMERICA. (fdc) (Entered: May 10, 2006)
May 11, 2006 47 ORDER THAT THE PARTIES MAY FILE A SUPPLEMENTAL REPLY BRIEF BY CLOSE OF BUSINESS ON WEDNESDAY, 5/17/06, LIMITED TO TWENTY (20) PAGES AND TO THE PREEMPTION ISSUES RAISED IN THE AMICUS BRIEF. SIGNED BY JUDGE MICHAEL M. BAYLSON ON 5/11/06. 5/12/06 ENTERED AND COPIES E-MAILED.(fdc) (Entered: May 12, 2006)
May 17, 2006 48 Supplemental Reply Brief in light of the Brief for Amicus Curiae The United States of America in Support of Motion to Dismiss Action pursuant to Rule 12(b)(6) on behalf of DEFENDANTS APOTEX, INC., APOTEX CORP., Certificate of Service. (fdc) (Entered: May 17, 2006)
May 17, 2006 49 REPLY to Response to Motion re 10 MOTION to Dismiss, 5 MOTION to Dismiss Plaintiff's Reply Memorandum in Opposition to the Brief for Amicus Curiae The United States of America, with accompanying exhibits filed by JOSEPH C. COLACICCO. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit D1)(BRASLOW, DEREK) (Entered: May 17, 2006)
May 17, 2006 50 REPLY to Response to Motion re 5 MOTION to Dismiss Defendant SmithKline Beecham d/b/a GlaxoSmithKline's Supplemental Reply Brief in Response to This Court's Order of May 11, 2006 filed by SMITHKLINE BEECHAM, Certificate of Service. (STANOCH, DAVID) Modified on 5/19/2006 (np). (Entered: May 17, 2006)
May 26, 2006 51 MEMORANDUM AND ORDER THAT DEFENDANTS' MOTIONS TO DISMISS WILL BE GRANTED WITH PREJUDICE. THE CLERK SHALL CLOSE THIS CASE. SIGNED BY JUDGE MICHAEL M. BAYLSON ON 5/25/06. 5/26/06 ENTERED AND COPIES E-MAILED.(fdc) (Entered: May 26, 2006)
June 19, 2006 52 NOTICE OF APPEAL as to 51 Memorandum & Opinion by JOSEPH C. COLACICCO. Filing fee $ 455, receipt number 929862. Copies to Judge, Clerk USCA, Appeals Clerk and DEREK BRASLOW, CERTIFICATE OF SERVICE. (jl, ) (Entered: June 19, 2006)
June 19, 2006 53 Clerk's Notice to USCA re 52 Notice of Appeal: (jl, ) (Entered: June 19, 2006)
June 22, 2006 NOTICE of Docketing Record on Appeal from USCA re 52 Notice of Appeal filed by JOSEPH C. COLACICCO,. USCA Case Number 06-3107. (mjo, ) (Entered: June 22, 2006)
June 27, 2006 54 Copy of TPO Form re 52 Notice of Appeal: (fdc, ) (rf, ). (Entered: June 27, 2006)
May 14, 2008 55 ORDER of USCA as to 52 Notice of Appeal filed by JOSEPH C. COLACICCO. Re: Order that the judgment of the District Court entered 5/26/06, be and the same is hereby affirmed. (fdc) (Entered: May 14, 2008)
May 21, 2008 56 ORDER of USCA as to 52 Notice of Appeal filed by JOSEPH C. COLACICCO. Re: Order that the Judgment of the District Court entered 5/26/06, be and the same is hereby affirmed. (fdc) (Entered: May 21, 2008)
Docket Report Last Checked: June 26, 2008 11:47:24 PDT
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Plaintiff: JOSEPH C. COLACICCO
Represented By: DEREK T. BRASLOW, HARRIS L. POGUST
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Defendant: APOTEX, INC.
Represented By: CHARLES A. FITZPATRICK, III, ARTHUR B. KEPPEL
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Defendant: APOTEX CORP.
Represented By: CHARLES A. FITZPATRICK, III, ARTHUR B. KEPPEL
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Defendant: SMITHKLINE BEECHAM
Represented By: ANDREW THOMAS BAYMAN, S. SAMUEL GRIFFIN, ERICA M. LONG, JOSHUA G. SCHILLER, DAVID J. STANOCH
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Respondent: UNITED STATES OF AMERICA
Represented By: VIRGINIA A. GIBSON
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