seal

Court Case Record Commonwealth Care Alliance & others vs. Astrazeneca Pharmaceuticals, L. P. & another 2010-J-0391 UID(1198)


Commonwealth Care Alliance & others vs. Astrazeneca Pharmaceuticals, L. P. & another Court Case Record

Court Case Number: 2010-J-0391


 
Case Number2010-J-0391
Case TitleCommonwealth Care Alliance & others vs. Astrazeneca Pharmaceuticals, L. P. & another
Case TypeCivil
StateMassachusetts, MA
CountySuffolk
CourtSuffolk Superior Court
Court Address
Phone
Field Date08/30/2010
Close Date09/28/2010

Parties

CounselNameType
David Nalven, Esquire Steve W. Berman, Pro Hac Vice AttorneyCommonwealth Care AlliancePlaintiff/Respondent
David Nalven, Esquire Steve W. Berman, Pro Hac Vice AttorneyHealth Care For AllPlaintiff/Respondent
David Nalven, Esquire Steve W. Berman, Pro Hac Vice AttorneyGlenn CrenshawPlaintiff/Respondent
Harvey J. Wolkoff, Esquire Mark E. Haddad, Pro Hac Vice Attorney John W. Treece, Pro Hac Vice Attorney Alycia A. Degen, Pro Hac Vice Attorney Joshua E. Anderson, Pro Hac Vice AttorneyAstrazeneca Pharmaceuticals, L.Defendant/Petitioner
Harvey J. Wolkoff, Esquire Mark E. Haddad, Pro Hac Vice Attorney John W. Treece, Pro Hac Vice Attorney Alycia A. Degen, Pro Hac Vice Attorney Joshua E. Anderson, Pro Hac Vice AttorneyZeneca Holdings, Inc.Defendant/Petitioner
John W. TreeceOut of state counsel (defendant)
Joshua E. AndersonOut of state counsel (defendant)
DOCKET ENTRIES
Entry Date Paper Entry Text
08/30/2010 #1 PETITION pursuant to G.L.c. 231, s. 118 with attach, filed by Astrazeneca Pharmaceuticals & Zeneca Holdings, Inc.
08/31/2010 #2 Notice of impoundment, filed by Astrazeneca Pharmaceuticals & Zeneca Holdings, Inc.
08/31/2010 #3 Letter pursuant to MRAP 16(l), received from Harvey J. Wolkoff, Esquire.
09/03/2010 #4 Letter from Thomas T. Tuttle, Esquire, re: "...enclose...a DVD containing scanned courtesy copies of the Record Appendix volumes 1-68...amended Certificate of Service clarifying that service was made on counsel after the petition was filed..."
09/07/2010 #4.1 Motion for admission pro hac vice of Alycia A. Degen, filed by Astrazeneca Pharmaceuticals, L. P., & Zeneca Holdings, Inc.
09/07/2010 #4.2 Motion for admission pro hac vice of Joshua E. Anderson, filed by Astrazeneca Pharmaceuticals, L. P., & Zeneca Holdings, Inc.
09/07/2010 #4.3 Motion for admission pro hac vice of Mark E. Haddad, filed by Astrazeneca Pharmaceuticals, L. P., & Zeneca Holdings, Inc.
09/08/2010 #5 RE#4.1: Allowed. (Graham, J.) *Notice.
09/08/2010 #6 RE#4.2: Allowed. (Graham, J.) *Notice.
09/08/2010 #7 RE#4.3: Allowed. (Graham, J.) *Notice.
09/09/2010 #8 OPPOSITION to Petition w/attach, filed by Commonwealth Care Alliance, Health Care For All, Glenn Crenshaw.
09/10/2010 #9 Notice of impoundment of plaintiffs' opposition to petition pursuant to M.G.L. c. 231, S 118, filed by Commonwealth Care Alliance, Health Care For All, Glenn Crenshaw.
09/10/2010 #10 Motion for admissions pro hac vice of Steve W. Berman, filed by Commonwealth Care Alliance, Health Care For All, Glenn Crenshaw.
09/13/2010 #11 RE#7: Allowed. *Notice.
09/10/2010 Motion for admission Pro Hac Vice filed by Astrazeneca Pharmaceuticals, L. P. and Zenica Holding, Inc.
09/13/2010 RE#8: Allowed. Notice
09/15/2010 Reply memo in support of petition pursuant to G.L. c. 231, § 118, filed by Astrazeneca Pharmaceuticals, L. P. & Zeneca Holdings, Inc.
09/14/2010 Motion Unopposed motion to substitute reformatted opposition to petition pursuant to M.G.L. c. 231, § 118, filed by Commonwealth Care Alliance, Health Care For All & Glenn Crenshaw.
09/28/2010 ORDER: "The petition of the defendant, AstraZeneca Pharmaceuticals L.P. and Zeneca Holdings, pursuant to G. L. c. 231. § 118 (first par.), seeking leave to file an interlocutory appeal from the July 29, 2010 denial of its motion for summary judgment and allowance of the plaintiffs' motion for class certification by a judge of the Superior Court, is hereby denied. The defendants' alternative request, for leave to appeal the matter to a panel of this court, is also denied. Following a careful review of the defendants' petition, the plaintiffs' opposition, the defendants' reply memorandum and the voluminous materials submitted by the parties in support of their respective positions, I am not persuaded that this is one of those exceptional cases calling for immediate review before completion of proceedings in the trial court. The judge already has fully considered the defendant's arguments and evidently declined to report his decision. See G. L. c. 231, § 111 and Mass. R. Civ. P. 64(a), as amended. 423 Mass. 1403 (1996). In sum, I see no reason to disturb the judge's ruling as it has not been made to appear that he abused his discretion or committed clear error of law in concluding that the plaintiffs and members of the class are similarly situated for class certification purposes and that the defendants are not entitled to summary judgment on the grounds that the plaintiffs cannot sustain their burden of proving the elements of injury and causation. See generally, Jet Line Services, Inc. v. Board of Selectmen of Stoughton, 25 Mass. App. Ct. 645, 646 (1988)." (Vuono, J.) *Notice/Attest/Neel, J.