Ciers et al v. Hologic, Inc.
| Massachusetts District Court | |
| Judge: | Richard G Stearns |
| Case #: | 1:23-cv-13215 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Dec 28, 2023 |
| Last checked: Saturday Jun 29, 2024 6:14 AM EDT |
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Defendant
Hologic, Inc.
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Represented By
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Plaintiff
Julie Bauer
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Represented By
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Plaintiff
Margaret Ciers
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Represented By
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Plaintiff
Sarah Farley
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Represented By
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Plaintiff
Selena Fisher
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Represented By
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Plaintiff
Karen Sellards
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Represented By
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| Docket last updated: 5 hours ago |
| Tuesday, February 11, 2025 | ||
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order
~Util - Case Stayed
Tue 02/11 2:10 PM
Judge Richard G. Stearns: ORDER entered. Case stayed. (JAM) |
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| Monday, February 10, 2025 | ||
| 39 | 39
notice
Notice of Case Assignment
Mon 02/10 4:33 PM
ELECTRONIC NOTICE of Case Reassignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jessica D. Hedges. (Danieli, Chris) |
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| 38 | 38
order
Order Reassigning Case
Mon 02/10 2:48 PM
Judge Allison D. Burroughs: Pursuant to Local Rule 40.1(g)(8), district judges may correct an erroneous designation that two civil cases are related. On further review, the Court concludes that the BioZorb cases do not satisfy the relatedness rules set forth in the local rules. Given the pending motions and ongoing bellwether proceedings with respect to the Track A and B cases, those cases shall remain before this session and proceed according to the existing case management orders. All other cases, listed as follows, are hereby returned to the clerk?s office for reassignment: Baker et al. v. Hologic, Inc. , No. 1:23-cv-10717; Slater et al. v. Hologic, Inc. , No. 1:23-cv-10888; Rivera et al. v. Hologic, Inc. , No. 1:23-cv-11012; English et al. v. Hologic, Inc. , No. 1:23-cv-11512; Webb et al. v. Hologic, Inc. , No. 1:23-cv-11823; Price et al. v. Hologic, Inc. , No. 1:23-cv-12011; Heffner et al. v. Hologic, Inc. , No. 1:23-cv-12278; Blanchenay et al. v. Hologic, Inc. , No. 1:23-cv-12458; Austin et al. v. Hologic, Inc. , No. 1:23-cv-12651; Swafford et al. v. Hologic, Inc. , No. 1:23-cv-12687; Bonvillain et al. v. Hologic, Inc. , No. 1:23-cv-12833; Ciers et al. v. Hologic, Inc. , No. 1:23-cv-13215; Broeder et al. v. Hologic, Inc. , No. 1:24-cv-10823; Galaini et al. v. Hologic, Inc. , No. 1:24-cv-11939; Bates et al. v. Hologic, Inc. , No. 1:24-cv-12472; Nudel et al. v. Hologic, Inc. , No. 1:24-cv-12495; Holcomb et al. v. Hologic, Inc. , No. 1:24-cv-12784; and Wetteman et al. v. Hologic, Inc. , No. 1:25-cv-10242. With respect to the cases subject to reassignment, pending consultation with the newly assigned judges, this session may continue to manage these and any future-filed cases until closer to trial and through the scheduled bellwether trials to facilitate orderly pretrial activity, similar to the procedures that would be followed if these cases were part of an MDL. Associated Cases: 1:22-cv-11895-ADB et al.(CAM) |
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| Monday, October 21, 2024 | ||
| 37 | 37
9
pgs
order
Order consolidating cases
Mon 10/21 1:52 PM
Judge Allison D. Burroughs: ORDER entered. ORDER CONSOLIDATING CASES. Associated Cases: 1:22-cv-11895-ADB (LEAD CASE), 22-cv-12194; 23-cv-10260; 23-cv-10579; 23-cv-10599; 23-cv-10717; 23-cv-10888; 23-cv-11012; 23-cv-11512; 23-cv-11823; 23-cv-12011; 23-cv-12278; 23-cv-12458;, 23-cv-12651; 23-cv-12687; 23-cv-12833; 23-cv-13215; 24-cv-10823; 24-cv-11939; 24-cv-12472; and 24-cv-12495 (McManus, Caetlin) |
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| Thursday, October 17, 2024 | ||
| 36 | 36
answer
Answer to Amended Complaint
Thu 10/17 12:01 PM
ANSWER to31 Amended Complaint by Hologic, Inc..(Conte, Pietro) |
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| Tuesday, October 15, 2024 | ||
| 35 | 35
10
pgs
order
Order ~Util - Terminate Motions
Tue 10/15 2:40 PM
Judge Allison D. Burroughs: ORDER entered GRANTING Joint MOTION for Order to set Scheduling for Plaintiffs' Motions to Amend, Defendant's Motions to Dismiss, and Other Deadlines filed by Hologic, Inc. Motions terminated: (109 in 1:23-cv-10579-ADB), (118 in 1:23-cv-10260-ADB) (36 in 1:23-cv-12833-ADB), (27 in 1:24-cv-10823-ADB), (39 in 1:23-cv-12458-ADB), (57 in 1:23-cv-10717-ADB), (136 in 1:23-cv-10599-ADB) (51 in 1:23-cv-10888-ADB), (37 in 1:23-cv-12651-ADB), (56 in 1:23-cv-11823-ADB), (51 in 1:23-cv-11512-ADB), (35 in 1:23-cv-12687-ADB),(51 in 1:23-cv-11012-ADB), (52 in 1:23-cv-12011-ADB), (37 in 1:23-cv-12278-ADB), (151 in 1:22-cv-12194-ADB), (34 in 1:23-cv-13215-ADB), (176 in 1:22-cv-11895-ADB) Associated Cases: 1:22-cv-11895-ADB et al.(McManus, Caetlin) |
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| 34 | 34
8
pgs
motion
Order
Tue 10/15 11:08 AM
Joint MOTION for Order to set Scheduling for Plaintiffs' Motions to Amend, Defendant's Motions to Dismiss, and Other Deadlines by Hologic, Inc..(Conte, Pietro) |
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Att: 1
Exhibit Stipulation and Proposed Order
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| Tuesday, October 01, 2024 | ||
| 33 | 33
order
Order ~Util - Terminate Motions
Tue 10/01 12:06 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered GRANTING Assented-to MOTION for Extension of Time to October 17, 2024 to File ANSWER to as Amended Complaint. Associated Cases: 1:22-cv-11895-ADB et al.(McManus, Caetlin) |
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| 32 | 32
motion
Extension of Time to File Response/Reply
Tue 10/01 9:36 AM
Assented to MOTION for Extension of Time to October 17 to File Response/Reply as to31 Amended Complaint by Hologic, Inc..(Conte, Pietro) |
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| Tuesday, September 17, 2024 | ||
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20
pgs
cmp
Amended Complaint
Tue 09/17 6:34 PM
AMENDED COMPLAINT against Hologic, Inc., filed by Julie Bauer, Margaret Ciers, Sarah Farley, Selena Fisher, Karen Sellards.(Littell Courson, Elizabeth) |
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| Friday, September 06, 2024 | ||
| 30 | 30
order
Order on Motion for Leave to File Document
Fri 09/06 2:11 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The Court rules on Plaintiffs' motions for leave to file a second amended complaint as follows: The motions are unopposed as to the Track E, F and G cases and are therefore GRANTED with respect to those plaintiffs. With respect to the Track A, B, C, and D cases, the motions are GRANTED in part and DENIED in part. The motions are GRANTED with respect to Plaintiffs' request to amend their design defect claims for the reasons set forth at the status conference. The motions are DENIED with respect to Plaintiffs' request to amend their failure to warn claims and the allegations concerning the FDA's product recall warning. (Cook, Savannah) |
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| Wednesday, September 04, 2024 | ||
| 29 | 29
respm
Opposition to Motion
Wed 09/04 3:55 PM
Opposition re27 MOTION for Leave to File Amended Complaint filed by Hologic, Inc..(Conte, Pietro) |
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Att: 1
Exhibit A
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| Wednesday, August 21, 2024 | ||
| 28 | 28
5
pgs
respm
Memorandum in Support of Motion
Wed 08/21 6:07 PM
MEMORANDUM in Support re27 MOTION for Leave to File Amended Complaint filed by Julie Bauer, Margaret Ciers, Sarah Farley, Selena Fisher, Karen Sellards. (Crow, Christina) |
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| 27 | 27
motion
Leave to File Document
Wed 08/21 6:06 PM
MOTION for Leave to File Amended Complaint by Julie Bauer, Margaret Ciers, Sarah Farley, Selena Fisher, Karen Sellards.(Crow, Christina) |
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Att: 1
Exhibit A - Proposed Amended Complaint
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| Monday, May 06, 2024 | ||
| 26 | 26
30+
pgs
order
Order on Motion for Order
Mon 05/06 5:30 PM
Judge Allison D. Burroughs: Case Management Order Regarding Non-Bellwether Cases. (McManus, Caetlin) |
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| Friday, May 03, 2024 | ||
| 25 | 25
7
pgs
motion
Order
Fri 05/03 4:52 PM
Joint MOTION for Order to Enter Case Management Order re Non-Bellwether Cases by Hologic, Inc..(Conte, Pietro) |
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Att: 1
Exhibit Joint Proposed Order
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| Monday, March 11, 2024 | ||
| 24 | 24
answer
Answer to Complaint
Mon 03/11 11:19 AM
ANSWER to1 Complaint, by Hologic, Inc..(Conte, Pietro) |
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| Monday, March 04, 2024 | ||
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11
pgs
order
Order on Motion for Order
Mon 03/04 9:49 AM
Judge Allison D. Burroughs: ORDER entered. Order Regarding a Bellwether Plan. (McManus, Caetlin) |
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| Thursday, February 29, 2024 | ||
| 22 | 22
7
pgs
motion
Order
Thu 02/29 5:11 PM
Joint MOTION for Order to Regarding a Bellwether Plan by Hologic, Inc..(Conte, Pietro) |
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Att: 1
Exhibit 1
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| Thursday, February 08, 2024 | ||
| 21 | 21
misc
Corporate Disclosure Statement
Thu 02/08 2:14 PM
CORPORATE DISCLOSURE STATEMENT by Hologic, Inc.. (Conte, Pietro) |
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| Friday, February 02, 2024 | ||
| 20 | 20
misc
Letter/request - non-motion
Fri 02/02 5:00 PM
Joint Letter/request (non-motion) from counsel .(Conte, Pietro) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Thursday, February 01, 2024 | ||
| 19 | 19
misc
Joint statement of counsel
Thu 02/01 4:32 PM
JOINT STATEMENT of counsel Pursuant to Local Rule 16.1(d) . (Conte, Pietro) |
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| 18 | 18
order
Order on Motion for Leave to Appear
Thu 02/01 11:44 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting17 Motion for Leave to Appear Pro Hac Vice Added Daniel S. Pariser and Jocelyn A. Wiesner. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account] . Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McManus, Caetlin) |
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4
pgs
motion
Appear Pro Hac Vice
Thu 02/01 8:42 AM
MOTION for Leave to Appear Pro Hac Vice for admission of Daniel S. Pariser and Jocelyn A. Wiesner Filing fee: $ 250, receipt number AMADC-10248238 by Hologic, Inc..(Conte, Pietro) |
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Att: 1
Exhibit A - Declaration of Daniel S. Pariser,
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Att: 2
Exhibit B - Declaration of Jocelyn A. Wiesner
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1
pgs
notice
Notice of Appearance
Thu 02/01 8:37 AM
NOTICE of Appearance by Pietro A. Conte on behalf of Hologic, Inc. (Conte, Pietro) |
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1
pgs
notice
Notice of Appearance
Thu 02/01 8:35 AM
NOTICE of Appearance by Daniel P. Tighe on behalf of Hologic, Inc. (Tighe, Daniel) |
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| Wednesday, January 31, 2024 | ||
| 14 | 14
notice
Notice of Appearance
Wed 01/31 2:01 PM
NOTICE of Appearance by Moze Cowper on behalf of Julie Bauer, Margaret Ciers, Sarah Farley, Selena Fisher, Karen Sellards (Cowper, Moze) |
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| Tuesday, January 30, 2024 | ||
| 13 | 13
order
Order on Motion for Leave to Appear
Tue 01/30 10:18 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting12 Motion for Leave to Appear Pro Hac Vice Added C. Moze Cowper. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account] . Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McManus, Caetlin) |
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| Monday, January 29, 2024 | ||
| 12 | 12
motion
Appear Pro Hac Vice
Mon 01/29 2:30 PM
MOTION for Leave to Appear Pro Hac Vice for admission of C. Moze Cowper Filing fee: $ 125, receipt number AMADC-10242484 by Julie Bauer, Margaret Ciers, Sarah Farley, Selena Fisher, Karen Sellards.(Ryan, Elizabeth) |
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Att: 1
Exhibit A - Declaration of C. Moze Cowper
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| Wednesday, January 10, 2024 | ||
| 11 | 11
notice
Notice of Appearance
Wed 01/10 3:17 PM
NOTICE of Appearance by Christina D Crow on behalf of Julie Bauer, Margaret Ciers, Sarah Farley, Selena Fisher, Karen Sellards (Crow, Christina) |
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notice
Notice of Appearance
Wed 01/10 3:16 PM
NOTICE of Appearance by Elizabeth Littell Courson on behalf of Julie Bauer, Margaret Ciers, Sarah Farley, Selena Fisher, Karen Sellards (Littell Courson, Elizabeth) |
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| 9 | 9
service
Waiver of Service Executed
Wed 01/10 9:48 AM
WAIVER OF SERVICE Returned Executed by Karen Sellards, Margaret Ciers, Selena Fisher, Julie Bauer, Sarah Farley. Hologic, Inc. waiver sent on 1/9/2024, answer due 3/11/2024. (Ryan, Elizabeth) |
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| Tuesday, January 09, 2024 | ||
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order
Order on Motion for Leave to Appear
Tue 01/09 4:31 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting6 Motion for Leave to Appear Pro Hac Vice Added C. Elizabeth Littell Courson. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account] . Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McManus, Caetlin) |
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| 7 | 7
order
Order on Motion for Leave to Appear
Tue 01/09 4:28 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting5 Motion for Leave to Appear Pro Hac Vice Added Christina D. Crow. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account] . Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McManus, Caetlin) |
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| 6 | 6
motion
Appear Pro Hac Vice
Tue 01/09 3:00 PM
MOTION for Leave to Appear Pro Hac Vice for admission of C. Elizabeth Littell Courson Filing fee: $ 125, receipt number AMADC-10210947 by Julie Bauer, Margaret Ciers, Sarah Farley, Selena Fisher, Karen Sellards.(Ryan, Elizabeth) |
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Att: 1
Exhibit A - Declaration of C. Elizabeth Littell Courson
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| 5 | 5
motion
Appear Pro Hac Vice
Tue 01/09 2:50 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Christina D. Crow Filing fee: $ 125, receipt number AMADC-10210932 by Julie Bauer, Margaret Ciers, Sarah Farley, Selena Fisher, Karen Sellards.(Ryan, Elizabeth) |
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Att: 1
Exhibit A - Declaration of Christina D. Crow
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| Thursday, December 28, 2023 | ||
| 4 | 4
service
Summons Issued
Thu 12/28 2:53 PM
Summons Issued as to Hologic, Inc.. 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. (Cook, Savannah) |
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| 3 | 3
notice
Notice of Case Assignment
Thu 12/28 2:02 PM
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Cowan, Nicole) |
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notice
Notice - Other
Thu 12/28 12:32 PM
NOTICE by Julie Bauer, Margaret Ciers, Sarah Farley, Selena Fisher, Karen Sellards of Related Case (Ryan, Elizabeth) |
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| 1 | 1
19
pgs
cmp
Complaint
Thu 12/28 12:32 PM
COMPLAINT against Hologic, Inc. Filing fee: $ 405, receipt number AMADC-10195796 (Fee Status: Filing Fee paid), filed by Julie Bauer, Margaret Ciers, Sarah Farley, Selena Fisher, Karen Sellards.(Ryan, Elizabeth) |
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Att: 1
Exhibit A - BioZorb Marker, BioZorb LP Marker Instructions for Use,
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Att: 2
Civil Cover Sheet,
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Att: 3
Category Form
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