Case: Do No Harm v. Pfizer Inc

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Second Circuit

COMPLAINT against Pfizer Inc. (Filing Fee $ 402.00, Receipt Number ANYSDC-26687165)Document filed by Do No Harm..(Saffran, Dennis) (Entered: 09/15/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to Pfizer, Inc, re: 1 Complaint. Document filed by Do No Harm..(Saffran, Dennis) (Entered: 09/15/2022)

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Saffran, Dennis) Modified on 9/16/2022 (vf). (Entered: 09/15/2022)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Do No Harm..(Saffran, Dennis) (Entered: 09/15/2022)

EMERGENCY MOTION for Order to Show Cause issuing TROO and setting return date for Preliminary Injunction motion. Document filed by Do No Harm. (Attachments: # 1 Affidavit Declaration of Kristina Rasmussen, # 2 Affidavit Declaration of "Member A", # 3 Affidavit Declaration of "Member B", # 4 Affidavit Declaration of Cameron Norris, # 5 Exhibit Exhibit A, # 6 Exhibit Exhibit B, # 7 Exhibit Exhibit C, # 8 Supplement Memorandum of Law in Support of Motion for Temporary Restraining Order and Preliminary Injunction).(Saffran, Dennis) (Entered: 09/15/2022)

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Cameron T. Norris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26688555. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Do No Harm. (Attachments: # 1 Affidavit Declaration, # 2 Exhibit Certificate of good standing, # 3 Exhibit Certificate of good standing, # 4 Text of Proposed Order Proposed order).(Norris, Cameron) Modified on 9/16/2022 (sgz). (Entered: 09/15/2022)

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Dennis Saffran to RE-FILE Document No. 3 Civil Cover Sheet. The filing is deficient for the following reason(s): Nature of Suit Error. Place an [X] in one box only. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. 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 https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)

Magistrate Judge Gabriel W. Gorenstein 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)

Case Designated ECF. (vf)

ELECTRONIC SUMMONS ISSUED as to Pfizer Inc. (vf) (Entered: 09/16/2022)

CIVIL COVER SHEET filed..(Saffran, Dennis) (Entered: 09/16/2022)

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 6 MOTION for Cameron T. Norris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26688555. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of Tennessee. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz)

MOTION for Thomas R. McCarthy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26690937. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Do No Harm. (Attachments: # 1 Affidavit Declaration, # 2 Exhibit Certificate of good standing, # 3 Exhibit Certificate of good standing, # 4 Text of Proposed Order Proposed order).(McCarthy, Thomas) (Entered: 09/16/2022)

MOTION for Frank H. Chang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26691025. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Do No Harm. (Attachments: # 1 Affidavit Declaration, # 2 Exhibit Certificate of good standing, # 3 Exhibit Certificate of good standing, # 4 Text of Proposed Order Proposed order).(Chang, Frank) (Entered: 09/16/2022)

MOTION for Cameron T. Norris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26691198. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Do No Harm. (Attachments: # 1 Affidavit Declaration, # 2 Exhibit Certificate of good standing, # 3 Exhibit Certificate of good standing, # 4 Text of Proposed Order Proposed order).(Norris, Cameron) (Entered: 09/16/2022)

ORDER The Court is in receipt of Plaintiff's emergency motion for a preliminary injunction and temporary restraining order, dated September 16, 2022. See ECF No. 5 ("Emergency Motion"). IT IS HEREBY ORDERED that Plaintiff shall serve on Defendant all public filings in the above-captioned case, including the Verified Complaint, Emergency Motion, and this Order, and shall file proof of such service on ECF, by 2:00 PM on September 19, 2022. IT IS FURTHER ORDERED that Plaintiff shall comply with the Court's Individual Rules of Practice in Civil Cases, available at this link, https://www.nysd.uscourts.gov/hon-jennifer-l-rochon, including by filing a letter on ECF pursuant to Individual Rule of Practice 3(N) by 2:00 PM on September 19, 2022. IT IS FURTHER ORDERED that the parties shall appear for a telephonic conference on the Emergency Motion on September 21, 2022 at 2:00 PM and file a joint letter on ECF by 2:00 PM on September 20, 2022 with the name, phone number, and email address of counsel who expect to appear at the conference. SO ORDERED. (Telephone Conference set for 9/21/2022 at 02:00 PM before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 9/16/2022) (jca) (Entered: 09/16/2022)

Notice to Attorney Regarding Deficient Civil Cover Sheet

Case Opening Initial Assignment Notice

Notice Regarding Deficient Motion to Appear Pro Hac Vice

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 9 MOTION for Thomas R. McCarthy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26690937. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 10 MOTION for Frank H. Chang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26691025. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for Cameron T. Norris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26691198. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)

AFFIDAVIT OF SERVICE of TRO/PI motion served on Pfizer, Inc. on 9/16/2022. Service was accepted by Kartik Pandya, registered agent. Document filed by Do No Harm..(Norris, Cameron) (Entered: 09/19/2022)

LETTER addressed to Judge Jennifer L. Rochon from Do No Harm dated 9/19/2022 re: Certificate of service, etc.. Document filed by Do No Harm. (Attachments: # 1 Exhibit Service of motion (in person), # 2 Exhibit Service of process, # 3 Exhibit Service of motion (certified mail), # 4 Exhibit Service of filings (email)).(Norris, Cameron) (Entered: 09/19/2022)

ORDER granting 9 Motion for Thomas R. McCarthy to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba) (Entered: 09/19/2022)

ORDER granting 10 Motion for Frank H. Chang to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba) (Entered: 09/19/2022)

ORDER granting 11 Motion for Cameron T. Norris to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba) (Entered: 09/19/2022)

Notice Regarding Pro Hac Vice Motion

Order on Motion to Appear Pro Hac Vice

LETTER addressed to Judge Jennifer L. Rochon from Liza Velazquez dated September 20, 2022 re: Telephonic Conference. Document filed by Pfizer Inc..(Velazquez, Liza) (Entered: 09/20/2022)

NOTICE OF APPEARANCE by Liza May Velazquez on behalf of Pfizer Inc..(Velazquez, Liza) (Entered: 09/20/2022)

NOTICE OF APPEARANCE by Loretta Lynch on behalf of Pfizer Inc..(Lynch, Loretta) (Entered: 09/20/2022)

NOTICE OF APPEARANCE by Martha Lea Goodman on behalf of Pfizer Inc..(Goodman, Martha) (Entered: 09/20/2022)

MOTION for Jeannie Rhee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26706513. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pfizer Inc. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order ).(Rhee, Jeannie) (Entered: 09/20/2022)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pfizer Inc..(Velazquez, Liza) (Entered: 09/20/2022)

Set/Reset Hearings: Case Management Conference set for 9/21/2022 at 02:00 PM before Judge Jennifer L. Rochon. The public access listen-only line is 888-363-4749 | Access Code: 7883927. (aba)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 22 MOTION for Jeannie Rhee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26706513. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)

ORDER granting 22 Motion for Jeannie Rhee to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba) (Entered: 09/21/2022)

Minute Entry for proceedings held before Judge Jennifer L. Rochon: Case Management Conference held via telephone on 9/21/2022. (aba)

ORDER. The Court held a conference on September 21, 2022 to discuss Plaintiffs emergency motion for a temporary restraining order and preliminary injunction, dated September 16, 2022. See ECF No. 5 (Emergency Motion). Plaintiff represented on the record that it is withdrawing its request for a temporary restraining order and therefore the request for a temporary restraining order is hereby WITHDRAWN. Defendants response to the Emergency Motion for a preliminary injunction is due by October 25, 2022 and Plaintiffs reply is due by November 8, 2022. (Signed by Judge Jennifer L. Rochon on 9/21/22) (aba) (Entered: 09/21/2022)

Set/Reset Deadlines: Defendants' response due by 10/25/2022. Plaintiff's reply due by 11/8/2022. (aba)

Notice Regarding Pro Hac Vice Motion

Order on Motion to Appear Pro Hac Vice

Case Management Conference

LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Jennifer L. Rochon from Liza Velazquez dated September 27, 2022. Document filed by Pfizer Inc..(Velazquez, Liza) (Entered: 09/27/2022)

ORDER granting 26 Letter Motion for Extension of Time to Answer re 26 LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Jennifer L. Rochon from Liza Velazquez dated September 27, 2022., 1 Complaint. Request GRANTED. The deadline for Defendant to answer or otherwise respond to the Complaint is extended to 21 days after the Court's resolution of the motion for a preliminary injunction (ECF No. 5), including interlocutory appeal, if any. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/27/22) (yv) (Entered: 09/27/2022)

MOTION for C'Zar D. Bernstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26810487. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Do No Harm. (Attachments: # 1 Affidavit Bernstein Declaration, # 2 Exhibit Bernstein Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order).(Bernstein, C'Zar) (Entered: 10/13/2022)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 28 MOTION for C'Zar D. Bernstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26810487. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)

Notice Regarding Pro Hac Vice Motion

ORDER granting 28 Motion for C'Zar D. Bernstein to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba) (Entered: 10/17/2022)

Order on Motion to Appear Pro Hac Vice

MEMORANDUM OF LAW in Opposition re: 5 EMERGENCY MOTION for Order to Show Cause issuing TROO and setting return date for Preliminary Injunction motion. . Document filed by Pfizer Inc..(Rhee, Jeannie) (Entered: 10/25/2022)

DECLARATION of Martha L. Goodman in Opposition re: 5 EMERGENCY MOTION for Order to Show Cause issuing TROO and setting return date for Preliminary Injunction motion.. Document filed by Pfizer Inc. (Attachments: # 1 Exhibit A-NIH Webpage on AMP, # 2 Exhibit B-FNIH Webpage on AMP Projects, # 3 Exhibit C-NCATS Webpage on CTI Collaboration).(Goodman, Martha) (Entered: 10/25/2022)

DECLARATION of Nancy N. Bruce in Opposition re: 5 EMERGENCY MOTION for Order to Show Cause issuing TROO and setting return date for Preliminary Injunction motion.. Document filed by Pfizer Inc..(Rhee, Jeannie) (Entered: 10/25/2022)

DECLARATION of Edward O. Gramling in Opposition re: 5 EMERGENCY MOTION for Order to Show Cause issuing TROO and setting return date for Preliminary Injunction motion.. Document filed by Pfizer Inc..(Rhee, Jeannie) (Entered: 10/25/2022)

LETTER MOTION for Leave to File Excess Pages addressed to Judge Jennifer L. Rochon from Do No Harm dated 11/3/2022. Document filed by Do No Harm..(McCarthy, Thomas) (Entered: 11/03/2022)

ORDER granting in part and denying in part 34 Letter Motion for Leave to File Excess Pages. Request GRANTED in part and DENIED in part. The maximum page length for Plaintiff's reply is hereby extended to 15 pages. (Signed by Judge Jennifer L. Rochon on 11/3/2022) (ate) (Entered: 11/03/2022)

REPLY MEMORANDUM OF LAW in Support re: 5 EMERGENCY MOTION for Order to Show Cause issuing TROO and setting return date for Preliminary Injunction motion. . Document filed by Do No Harm. (Attachments: # 1 Exhibit Supplemental Rasmussen Decl).(Norris, Cameron) (Entered: 11/08/2022)

OPINION AND ORDER For the reasons stated above, Plaintiff's Motion for a Preliminary Injunction is DENIED and this action is DISMISSED without prejudice for lack of subject-matter jurisdiction. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/16/2022) (jca) (Entered: 12/16/2022)

NOTICE OF APPEAL from 37 Memorandum & Opinion,. Document filed by Do No Harm. Filing fee $ 505.00, receipt number ANYSDC-27155492. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Norris, Cameron) (Entered: 01/03/2023)

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 38 Notice of Appeal. (tp)

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 38 Notice of Appeal filed by Do No Harm were transmitted to the U.S. Court of Appeals. (tp)

Transmission of Notice of Appeal and Docket Sheet to USCA

Appeal Record Sent to USCA - Electronic File

OPINION of USCA (Certified Copy) as to 38 Notice of Appeal filed by Do No Harm USCA Case Number 23-0015. For the above reasons, we GRANT Do No Harm's Petition for Rehearing, VACATE our prior judgment in this appeal, VACATE the district court's dismissal of Do No Harm's claims, DENY Do No Harm's motion to supplement the record on appeal as moot, and REMAND to the district court for further proceedings consistent with this opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 1/10/2025. (Attachments: # 1 Supporting Document).(tp) (Entered: 01/10/2025)

MANDATE of USCA (Certified Copy) as to 38 Notice of Appeal filed by Do No Harm USCA Case Number 23-15. The appeal in the above captioned case from an order of the United States District Court for the Southern District of New York was argued on the district courts record and the parties' briefs. IT IS HEREBY ORDERED, ADJUDGED and DECREED that this Court's March 6, 2024 judgment in this appeal and the district court's dismissal of Appellant Do No Harm's claims are VACATED, and the case is REMANDED to the district court for further proceedingsconsistent with this Court's January 10, 2025 opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 01/31/2025. (Attachments: # 1 Opinion, # 2 Dissenting Opinion). (tp) (Entered: 01/31/2025)

FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Pfizer Inc and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Do No Harm. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Norris, Cameron) Modified on 2/3/2025 (tp). (Entered: 01/31/2025)

Notice to Attorney Regarding Deficient Voluntary Dismissal

***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Cameron T. Norris. RE-FILE Document No. 41 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (tp)

STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Pfizer Inc and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Do No Harm. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Norris, Cameron) (Entered: 02/03/2025)