Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 06-19-2015

Case Style: Emily L. Mahoney v. Spin Master, Inc, et al.

Case Number: 2:09-cv-01713-JJT

Judge: John Tuchi

Court: United States District Court for the District of Arizona (Maricopa County)

Plaintiff's Attorney: Daniel E Garrison, Melanie Grace McBride and Keith Alan Gernant

Defendant's Attorney: Ronald Y Rothstein, Richard J Woods and Richard Wayne Mear for Spin Master Incorporated, Spin Master Limited and Toys "R" US-Delaware Incorporated

Allison Renee Edwards, Robert Charles Ashley, Dana Alden Fox, Richard J Woods, Carl F Mariano and Allison Renee Edwards for Moose Enterprises Proprietary Limited

Dorit Ungar Black, Daniel Peter Goldberg and John Gary Kerkorian for Eurofins Product Safety Labs

Description: Phoenix, AZ - Mark and Beth sued Spin Master and others on products liability wrongful death theories claiming that Aqua Dots manufactured and/or sold by defendants were defective and unreasonably dangerous and, as a direct result, their daughter died as a result of swallowing the toy beads. They claimed that the beads were coated with a chemical that converts into the "date rape drug" GHB when ingested.

Recent court docket entries for this case:

Date Filed # Docket Text

06/01/2015 649 TRIAL BRIEF re: Beth Monje's Claims by Beth Monje. (McBride, Melanie) (Entered: 06/01/2015)

06/02/2015 650 Witness List by Moose Enterprises Proprietary Limited. (Ashley, Robert) (Entered: 06/02/2015)

06/02/2015 651 NOTICE re: Authority Regarding Affirmative Defense of Misuse by Moose Enterprises Proprietary Limited re: 648 Order on Motion in Limine, Order on Motion to Substitute Party, Order on Motion to Intervene, Order on Motion to Expedite, Order on Motion for Miscellaneous Relief, Order on Motion to Strike, Pretrial Conference - Final . (Ashley, Robert) (Entered: 06/02/2015)

06/03/2015 652 Exhibit List (Second Amended) by Moose Enterprises Proprietary Limited. (Ashley, Robert) (Entered: 06/03/2015)

06/03/2015 653 Proposed Jury Instructions by Moose Enterprises Proprietary Limited. (Ashley, Robert) (Entered: 06/03/2015)

06/03/2015 654 TRIAL BRIEF regarding Curative Admissibility by Moose Enterprises Proprietary Limited. (Attachments: # 1 Exhibit, # 2 Exhibit)(Ashley, Robert) (Entered: 06/03/2015)

06/04/2015 655 Exhibit List Third Amended by Spin Master Incorporated(a Delaware corporation), Spin Master Limited, Toys "R" US-Delaware Incorporated. (Woods, Richard) (Entered: 06/04/2015)

06/04/2015 656 TRIAL BRIEF re: Affirmative Defense of Misuse by Beth Monje. (McBride, Melanie) (Entered: 06/04/2015)

06/04/2015 657 REPORT of Toxicology (Joint) re: 648 by Defendants Moose Enterprises Proprietary Limited, Spin Master Incorporated, Spin Master Limited, Toys "R" US-Delaware Incorporated. (Ashley, Robert) (Entered: 06/04/2015)

06/04/2015 658 Exhibit List Amended by Beth Monje. (McBride, Melanie) (Entered: 06/04/2015)

06/04/2015 659 MINUTE ORDER: Telephonic Status Conference set for Friday, 6/5/2015 at 4:00 PM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. Counsel to appear telephonically. Chambers will e-mail call-in information prior to hearing. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) (Entered: 06/04/2015)

06/05/2015 660 TRIAL BRIEF Second Amended by Spin Master Incorporated(a Delaware corporation), Spin Master Limited, Toys "R" US-Delaware Incorporated. (Attachments: # 1 Exhibit Exhibits 1 - 3)(Woods, Richard) (Entered: 06/05/2015)

06/05/2015 661 *TRIAL BRIEF (Second Amended) re: Law of Agency by Beth Monje. (McBride, Melanie) *Modified to include text on 6/5/2015 (KMG). (Entered: 06/05/2015)

06/05/2015 662 MOTION for Protective Order re Trial Media by Moose Enterprises Proprietary Limited. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Text of Proposed Order)(Ashley, Robert) (Entered: 06/05/2015)

06/05/2015 663 Joinder re: 662 MOTION for Protective Order re Trial Media by Third Party Defendants Spin Master Incorporated, Spin Master Incorporated, Spin Master Limited, Toys "R" US-Delaware Incorporated, Defendants Spin Master Incorporated, Spin Master Limited, Toys "R" US-Delaware Incorporated, Third Party Plaintiffs Spin Master Incorporated, Spin Master Limited, Toys "R" US-Delaware Incorporated. (Woods, Richard) (Entered: 06/05/2015)

06/05/2015 664 TRIAL BRIEF re Agency by Moose Enterprises Proprietary Limited. (Ashley, Robert) (Entered: 06/05/2015)

06/05/2015 665 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephonic Status Conference held on 6/5/2015. Discussion held. IT IS ORDERED that the parties file maximum 3-page simultaneous briefs re: agency issues by no later than Monday, June 8, 2015 at 8:00 PM. IT IS FURTHER ORDERED that Plaintiffs file their response to Defendant Moose Enterprises, PTY, LTD.'s Emergency Motion for Protective Order and Request for Sanctions (Doc. 662 ) by no later than Monday, June 8, 2015 at 9:00 AM. IT IS FURTHER ORDERED the parties must notify the court by no later than Monday, June 8, 2015 at noon whether they have jointly reached a stipulation re: causation and related issues, or alternatively defendants have unilaterally developed a stipulation that they would agree should be read to the jury. IT IS FURTHER ORDERED that plaintiffs file a motion re: the exhibits for the witness Joost Poulos by midnight, Friday, June 5, 2015.

APPEARANCES: Telephonic appearance by Melanie McBride and Keith Gernant for Plaintiffs. Telephonic appearance by Richard Mear, Richard Woods, Robert Ashley, Dana Fox and Carl Mariano for Defendants. (Court Reporter Candy Potter.) Hearing held 4:08 PM to 5:12 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) (Entered: 06/05/2015)

06/05/2015 666 MOTION TO ISSUE ORDER PRECLUDING JOOST POULUS OR ANYONE ON HIS BEHALF FROM VIEWING TRIAL EXHIBITS; and 2. ESTABLISH PARAMETERS FOR MR. POULUS APPEARANCE AT TRIAL VIA VIDEO TRANSMISSION by Beth Monje. (McBride, Melanie) (Entered: 06/05/2015)

06/05/2015 667 MOTION to Strike 662 MOTION for Protective Order re Trial Media by Beth Monje. (McBride, Melanie) (Entered: 06/05/2015)

06/07/2015 668 TRANSCRIPT REQUEST by Beth Monje for proceedings held on 6/5/2015, Judge John Tuchi hearing judge(s). (McBride, Melanie) (Entered: 06/07/2015)

06/07/2015 669 TRIAL BRIEF regarding Loss of Consortium and Motion for Clarification by Beth Monje. (McBride, Melanie) (Entered: 06/07/2015)

06/07/2015 670 RESPONSE to Motion re: 662 MOTION for Protective Order re Trial Media filed by Beth Monje. (McBride, Melanie) (Entered: 06/07/2015)

06/08/2015 671 TRIAL BRIEF re: Agency and Non-Party at Fault by Beth Monje. (McBride, Melanie) (Entered: 06/08/2015)

06/08/2015 672 TRIAL BRIEF Supplemental Trial Memorandum Regarding Agency by Moose Enterprises Proprietary
Limited. (Ashley, Robert) (Entered: 06/08/2015)

06/08/2015 673 TRANSCRIPT REQUEST by Spin Master Incorporated(a Delaware corporation), Spin Master Limited, Toys "R" US-Delaware Incorporated for proceedings held on 6-5-15, Judge Tuchi hearing judge(s). (Woods, Richard) (Entered: 06/08/2015)

06/08/2015 674 ORDER: IT IS ORDERED that, by no later than 12:00 p.m. today, counsel for Plaintiffs shall provide the Court with the identity and order of witnesses they plan to call by deposition designation Tuesday, 6/9/2015 afternoon after jury selection and at any point Wednesday, 6/10/2015. For all subsequent trial days, either party calling any witness by deposition designation shall provide the above-referenced information by the close of business two days prior to the day the witness will be called by deposition designation. Ordered by Judge John J Tuchi on 6/8/15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) (Entered: 06/08/2015)

06/08/2015 675 TRANSCRIPT REQUEST by Moose Enterprises Proprietary Limited for proceedings held on 06/05/2015, Judge John J. Tuchi hearing judge(s). (Ashley, Robert) (Entered: 06/08/2015)

06/08/2015 676 NOTICE re: of Order of Deposition Witnesses for Trial on June 9 and 10 by Beth Monje . (McBride, Melanie) (Entered: 06/08/2015)

06/08/2015 677 Exhibit List Fourth Amended by Spin Master Incorporated(a Delaware corporation), Spin Master Limited, Toys "R" US-Delaware Incorporated. (Woods, Richard) (Entered: 06/08/2015)

06/08/2015 678 Second Proposed Voir Dire by Spin Master Incorporated(a Delaware corporation), Spin Master Limited, Toys "R" US-Delaware Incorporated. (Woods, Richard) (Entered: 06/08/2015)

06/08/2015 679 REPORT of re Toxicology Amended Joint by Third Party Defendants Spin Master Incorporated, Spin Master Incorporated, Spin Master Limited, Toys "R" US-Delaware Incorporated, Defendants Spin Master Incorporated, Spin Master Limited, Toys "R" US-Delaware Incorporated, Third Party Plaintiffs Spin Master Incorporated, Spin Master Limited, Toys "R" US-Delaware Incorporated. (Woods, Richard) (Entered: 06/08/2015)

06/08/2015 681 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Status Conference held on 6/8/2015. Discussion held. IT IS ORDERED granting in part 666 Plaintiffs' Request to 1. Issue Order Precluding Joost Poulus or Anyone on his Behalf from Viewing Trial Exhibits; and 2. Establish Parameters for Mr. Poulus' Appearance at Trial Via Video Transmission. IT IS FURTHER ORDERED denying 667 Plaintiffs' Motion to Strike Defendants' Emergency Motion as Improper Under Rule 408. IT IS FURTHER ORDERED granting in part 662 Moose Enterprises, PTY, LTD.'s Emergency Motion for Protective Order and Request for Sanctions. (See attached Order for details). (Court Reporter Elaine Cropper.) Hearing held 2:19 PM to 4:44 PM.(JAMA) (Entered: 06/08/2015)

06/08/2015 682 NOTICE re: of Filing Exhibits Re: Pre-Ingestion Incidents by Beth Monje, Mark Monje . (Attachments: # 1 Exhibit 325, # 2 Exhibit 361, # 3 Exhibit 369, # 4 Exhibit 370, # 5 Exhibit 371)(McBride, Melanie) (Entered: 06/08/2015)

06/08/2015 683 Proposed Jury Instructions by Spin Master Incorporated, Spin Master Limited, Toys "R" US-Delaware Incorporated. (Mear, Richard) (Entered: 06/08/2015)

06/08/2015 684 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Status Conference Proceedings held on 06/05/2015, before Judge John J. Tuchi. (Court Reporter: Candy L. Potter). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/29/2015. Redacted Transcript Deadline set for 7/9/2015. Release of Transcript Restriction set for 9/8/2015. (RAP) (Entered: 06/09/2015)

06/09/2015 685 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Jury Trial [Day 1] begun on 6/9/2015. Evidence entered. Trial continued to 6/10/2015. (See attached Minute Entry for details). (Court Reporter Elaine Cropper.) Hearing held 8:46 AM to 4:59 PM.(JAMA) (Entered: 06/09/2015)

06/09/2015 686 TRANSCRIPT REQUEST Real-Time Trial Daily Transcript by Beth Monje, Mark Monje for proceedings
held on 6/9/15-6/19/15, Judge John Tuchi hearing judge(s). (McBride, Melanie) (Entered: 06/09/2015)

06/10/2015 687 TRANSCRIPT REQUEST by Spin Master Incorporated(a Delaware corporation), Spin Master Limited, Toys "R" US-Delaware Incorporated for proceedings held on 6-9-15, Judge Tuchi hearing judge(s). (Woods, Richard) (Entered: 06/10/2015)

06/10/2015 688 TRANSCRIPT REQUEST by Moose Enterprises Proprietary Limited for proceedings held on 06/09/2015, Judge John J. Tuchi hearing judge(s). (Ashley, Robert) (Entered: 06/10/2015)

06/10/2015 689 ORDER: IT IS ORDERED that any objections to Defendants' counter designations, other than those to the counter designations of the Danny Kam deposition, are untimely and the Court will not consider them. (See attached Order for complete details). Signed by Judge John J Tuchi on 6/10/15. (JAMA) (Entered: 06/10/2015)

06/10/2015 690 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Jury Trial [Day 2] held on 6/10/2015. Evidence entered. Telephonic Conference set for 6/11/2015 at 9:00 AM before Judge John J Tuchi. Trial continued to 6/11/2015 at 1:00 PM. (See attached Minute Entry for details). (Court Reporter Elaine Cropper.) Hearing held 8:41 AM to 4:58 PM.(JAMA) (Entered: 06/10/2015)

06/11/2015 691 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephonic Hearing held on 6/11/2015. Discussion held re: deposition designations and trial schedule. For reasons as stated on the record, IT IS ORDERED that all Defendants deposition designations for their witnesses, with text are due by no later than 8:00 p.m. on 6/11/2015. IT IS FURTHER ORDERED that Plaintiffs objections to those deposition designations, except for Dr. Beyda and Dr. Solomon, are due by 8:00 p.m on 6/11/2015. IT IS FURTHER ORDERED that Plaintiffs counter designations to all of Defendants deposition witnesses, except Dr. Beyda and Dr. Solomon, are due by no later than 8:00 a.m. on 6/12/2015. IT IS FURTHER ORDERED that Defendants objections to counter designations, except Dr. Beyda and Dr. Solomon, are due by no later than 12:00 p.m. on 6/13/2015. IT IS FURTHER ORDERED that as regards the designated testimony of Dr. Beyda and Dr. Solomon, the following deadlines will apply: Defendants to provide deposition designations with text to court by no later than 7:00 p.m. on 6/11/2015; Plaintiffs to provide objections and counter designations, with text, to those designations by 12:00 p.m. on 6/13/2015; Defendants to provide objections to counter designations by 8:00 p.m. on 6/14/2015.

APPEARANCES: Telephonic appearance by Melanie McBride and Keith Gernant for Plaintiffs. Telephonic appearance by Dana Fox, Robert Ashley, Carl Mariano, Richard Woods and Richard Mear for Defendants. (Court Reporter Elaine Cropper.) Hearing held 9:11 AM to 9:28 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) (Entered: 06/11/2015)

06/11/2015 692 ORDER: IT IS ORDERED that the following designations by Plaintiff of the Dr. Kevin Carpenter MDL deposition will be admitted: 7:10-8:23, 72:17-74:3. IT IS FURTHER ORDERED that the following designations by Plaintiff of the Julius Yeung MDL deposition will be admitted: 16:20-18:20, 23:23-24:4, 33:14-34:9, 35:5-38:11, 39:10-39:20. IT IS FURTHER ORDERED that the following designations by Plaintiff of the Esther Skliros MDL deposition will be admitted: 44:25-45:9, 46:2-17, 63:10, starting with the words, do you, through 63:24, 75:25-76:12, 82:22-85:2, 128:14-129:4, 129:10-131:17. (see attached Order for complete details). Signed by Judge John J Tuchi on 6/11/15. (JAMA) (Entered: 06/11/2015)

06/11/2015 693 ORDER: IT IS ORDERED that the following designations by Plaintiff of the Iain Kennedy MDL deposition will be admitted: 8:18-9:22, 103:25-104:9, 105:24-106:2, 106:15-19, 106:25-107:10, 107:17-21, 108:12-109:16, 117:4-14. IT IS FURTHER ORDERED that the following designations by Plaintiff of the Richard Pang MDL deposition will be admitted: 9:10-16, 10:20-12:1, 25:5-26:6, 39:3-42:12, 83:11-12, 83:16-18. IT IS FURTHER ORDERED that the following designations by Plaintiff of the Paul Solomon MDL deposition will be admitted: 26:15-19, 30:25-31:10, 35:19-24, 41:6-44:1, 44:20-45:20, 50:15-51:8, 116:11-117:3, 119:13-120:21. IT IS FURTHER ORDERED that the following designations by Plaintiff of the Debbie Nicholson MDL deposition will be admitted: 9:12-25, 47:8-48:15, 77:8-79:9. IT IS FURTHER ORDERED that the following additional designation by Plaintiff of the Esther Skliros MDL deposition, which the Court previously overlooked, will be admitted:8:11-15. (See attached Order for complete details). Signed by Judge John J Tuchi on 6/11/15. (JAMA) (Entered: 06/11/2015)

06/11/2015 694 ORDER: IT IS ORDERED that the following designations by Plaintiff of the Alex Perez MDL deposition will be admitted: 25:14-24, 28:5-30:12, 33:16-18, 36:23-42:9, 95:6-96:24, 159:6-160:21. IT IS FURTHER ORDERED that the following designations by Plaintiff of the Arlene Biran MDL deposition will be admitted:5:9-17, 25:24-26:18, 56:4-25, 60:18-61:20, 105:17-107:11, 127:4-128:14, 149:13-151:1, 167:5-169:4. (See attached Order for complete details). Signed by Judge John J Tuchi on 6/11/15. (JAMA) (Entered: 06/11/2015)

06/11/2015 695 ORDER: IT IS ORDERED that the following designations by Plaintiff of the Anton Rabie MDL deposition will be admitted: 9:17-21, 21:10-22:16, 26:19-28:1, 31:13-32:13, 33:4-34:5, 82:18-83:18, 134:16-135:12. IT IS ORDERED that the following designations by Plaintiff of the Anton Rabie BV deposition will be admitted: 82:1-15, 85:19-86:1. (See attached Order for complete details). Signed by Judge John J Tuchi on 6/11/15. (JAMA) (Entered: 06/11/2015)

06/11/2015 696 ORDER: IT IS ORDERED that the following counter-designations by Defendant of the Danny Kam MDL deposition will be admitted: 170:2-11, 171:16-19, 218:22-25, 219:18-220:1, 248:19-249:9, 280:9-20, 296:7-22, 351:17-21. (See attached Order for complete details). Signed by Judge John J Tuchi on 6/11/15. (JAMA) (Entered: 06/11/2015)

06/11/2015 697 TRANSCRIPT REQUEST by Eurofins Product Safety Labs, Eurofins Scientific SE for proceedings held on 06/09/2015, Judge John J. Tuchi hearing judge(s). (Kerkorian, John) (Entered: 06/11/2015)

06/11/2015 698 TRANSCRIPT REQUEST by Moose Enterprises Proprietary Limited for proceedings held on 06/08/2015, Judge John J. Tuchi hearing judge(s). (Ashley, Robert) (Entered: 06/11/2015)

06/11/2015 700 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Jury Trial [Day 3] held on 6/11/2015. Evidence entered. Trial continued to 6/12/2015. (See attached Minute Entry for details). (Court Reporter Elaine Cropper.) Hearing held 1:12 PM to 4:59 PM.(JAMA) (Entered: 06/12/2015)

06/11/2015 713 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial - Day 1 (Pages 1 - 206) proceedings held on 06/09/2015, before Judge John J. Tuchi. (Court Reporter: Elaine Cropper). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/2/2015. Redacted Transcript Deadline set for 7/13/2015. Release of Transcript Restriction set for 9/9/2015. (RAP) (Entered: 06/16/2015)

06/12/2015 699 ORDER: IT IS ORDERED that the following designations by Plaintiff of the Manny Stul deposition will be admitted: 8:19-9:7, 14:7-13, 60:4-65:1, 68:5-14, 68:18-24, 69:2-10, 70:10-6, 70:19-23, 71:7-72:15, 73:15-74:4, 82:8-83:14, 105:6-13, 106:15-107:8, 107:16-19, 108:4-15, 119:23-120:14, 126:24-127:9, 159:20-25, 198:6-199:7, 227:6-11, 227:19-230:5. (See attached Order for complete details). Signed by Judge John J Tuchi on 6/12/15. (JAMA) (Entered: 06/12/2015)

06/12/2015 701 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Jury Trial [Day 4] held on 6/12/2015. Evidence entered. Trial continued to 6/15/2015. (See attached Minute Entry for details). (Court Reporter Elaine Cropper.) Hearing held 9:06 AM to 12:40 PM.(JAMA) (Entered: 06/12/2015)

06/13/2015 702 Witness List by Spin Master Incorporated, Spin Master Limited, Toys "R" US-Delaware Incorporated. (Mear, Richard) (Entered: 06/13/2015)

06/14/2015 703 *MOTION to Reopen Case or For Latitude on Rebuttal by Beth Monje, Mark Monje. (McBride, Melanie) *Modified to correct event on 6/15/2015 (KMG). (Entered: 06/14/2015)

06/15/2015 704 ORDER: IT IS ORDERED that the following designations by Defendant Spinmaster of the Arlene Biran deposition will be admitted: 5:9-17, 98:20-99:15, 100:9-19, 100:25-102:18, 104:7-14, 105:6-106:7, 108:10-109:20, 110:10-111:7, 112:24- 113:3, 114:10-116:5, 123:3-14. IT IS FURTHER ORDERED that the following designations by Defendant Spinmaster of the Alan Kaufman deposition will be admitted: 9:1-4 and 8-13, 16:18-20, 17:4-24, 93:6-14, 93:18-94:10. IT IS FURTHER ORDERED that the following counter designations by Plaintiff of the Alan Kaufman deposition will be admitted: 93:6-17, 94:11-21. IT IS FURTHER ORDERED that the following designation by Defendant Spinmaster of the Mark Monje deposition will be admitted: 146:19-148:1. IT IS FURTHER ORDERED that the following counter designation by Plaintiff of the Mark Monje deposition will be admitted: 155:2-4. IT IS FURTHER ORDERED that the following designations by Defendant Spinmaster of the James Ford deposition will be admitted: 3:2-4, 23:66-68, 27:87-88, 36:126-127, 40:138-41:142, 45:157- 47:168, 48:169-171 and 173, 49:175-50:175, 52:177-53:186, 54:190, 55:194- 56:195, 59:208, 60:209-61:212, 85:297-87:301. IT IS FURTHER ORDERED that the following counter designations by Plaintiff of the James Ford deposition will be admitted: 37:129-39:133, 84:292, 85:298-86:298, 88:307-89:307. (See attached Order). Signed by Judge John J Tuchi on 6/15/15. (JAMA) (Entered: 06/15/2015)

06/15/2015 705 Witness List by Spin Master Incorporated(a Delaware corporation), Spin Master Limited, Toys "R" US-Delaware Incorporated. (Woods, Richard) (Entered: 06/15/2015)

06/15/2015 706 ORDER: IT IS ORDERED that the designations by Defendant of the depositions of Drs. Solomon and Beyda will be admitted, no objections having been made. IT IS FURTHER ORDERED that the following counter designations by Plaintiff of the Dr. Solomon deposition will be admitted: 13:19-25, 15:19-16:7, 19:7-9, 28:18-20, 32:7-8 and 13-23, 33:22-34:5, 40:17-22, 52:18-53:3, 55:2-5 and 8-14, 64:4-8 and 10-11. IT IS FURTHER ORDERED that the following counter designations by Plaintiff of the Dr. Beyda deposition will be admitted: 29:7-17, 29:20-30:2, 30:5-23, 30:24-31:5, omitting the words or the date rape drug from line 25. IT IS FURTHER ORDERED that the following designation by Defendant Spinmaster of the Ford deposition, which the Court inadvertently omitted from its prior order, will be admitted: 41:145-42:147. (See attached Order for additional details). Signed by Judge John J Tuchi on 6/15/15. (JAMA) (Entered: 06/15/2015)

06/15/2015 707 ORDER: IT IS ORDERED that the following designations by Plaintiff of the deposition of Alex Perez, which were previously omitted from submission to the Court, will be admitted: 75:11-84:11, excluding 76:7, 85:12-88:5, excluding lines 85:16, 86:17, 87:5-6 and 87:20, 89:6-13, 92:25-94:15, excluding 95:7-8, 106:2-108:4, excluding 106:8-12 and 108:2, 143:3-25. IT IS FURTHER ORDERED that the following designations by Plaintiff of the deposition of Iain Kennedy, which were previously omitted from submission to the Court, will be admitted: 287:4-8 and 10. IT IS FURTHER ORDERED that the following designations by Plaintiff of the Arlene Biran deposition, inadvertently omitted last week, will be admitted: 99:24-100:8, 101:5-104:19, 149:13-18. The Court will sustain the objections of Defendants to Plaintiff's remaining designations, the two lengthiest of which, 57:1-60:3 and 108:10-111:19, were already read to the jury Friday, June 12, 2015. (See attached Order). Signed by Judge John J Tuchi on 6/15/15. (JAMA) (Entered: 06/15/2015)

06/15/2015 708 NOTICE re: Filing Detailed Reports of Video Clips by Moose Enterprises Proprietary Limited . (Attachments: # 1 Exhibit 1-6)(Ashley, Robert) (Entered: 06/15/2015)

06/15/2015 709 Proposed Jury Instructions by Spin Master Incorporated, Spin Master Limited, Toys "R" US-Delaware Incorporated. (Mear, Richard) (Entered: 06/15/2015)

06/15/2015 710 Proposed Verdict Form by Spin Master Incorporated, Spin Master Limited, Toys "R" US-Delaware
Incorporated. (Mear, Richard) (Entered: 06/15/2015)

06/15/2015 711 *AMENDED by Doc. 712 * MINUTE ENTRY for proceedings held before Judge John J Tuchi: Jury Trial [Day 5] held on 6/15/2015. For reasons stated on the record, IT IS ORDERED denying 703 Plaintiffs' Motion to Reopen Case-In-Chief or for Latitude on Rebuttal. Defendants' oral Rule 50 Motion for Judgment as a Matter of Law is argued to the Court. For reasons as stated on the record, IT IS FURTHER ORDERED denying Defendants' oral Rule 50 Motion for Judgment as a Matter of Law. Evidence entered. Trial continued to 6/16/2015. (See attached Minute Entry for details). (Court Reporter Elaine Cropper.) Hearing held 1:03 PM to 5:01 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) Modified on 6/16/2015 (JAMA). (Entered: 06/16/2015)

06/15/2015 712 AMENDED MINUTE ENTRY for proceedings held before Judge John J Tuchi: Amending Doc. 711 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Jury Trial [Day 5] held on 6/15/2015. For reasons stated on the record, IT IS ORDERED denying 703 Plaintiffs' Motion to Reopen Case-In-Chief or for Latitude on Rebuttal. Defendants' oral Rule 50 Motion for Judgment as a Matter of Law is argued to the Court. For reasons as stated on the record, IT IS FURTHER ORDERED denying Defendants' oral Rule 50 Motion for Judgment as a Matter of Law. Evidence entered. Trial continued to 6/16/2015. (See attached Minute Entry for details). (Court Reporter Elaine Cropper.) Hearing held 1:03 PM to 5:01 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA)

Reason for Amendment: To Attach PDF Document. (JAMA) (Entered: 06/16/2015)

06/15/2015 714 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference proceedings held on 06/08/2015,
before Judge John J. Tuchi. (Court Reporter: Elaine Cropper). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/6/2015. Redacted Transcript Deadline set for 7/16/2015. Release of Transcript Restriction set for 9/14/2015. (RAP) (Entered: 06/16/2015)

06/16/2015 715 *AMENDED by Doc. 721 *MINUTE ENTRY for proceedings held before Judge John J Tuchi: Jury Trial [Day 6] held on 6/16/2015. Discussions held. Trial continued to 6/17/2015. (See attached Minute Entry for details). (Court Reporter Elaine Cropper.) Hearing held 8:35 AM to 5:19 PM.(JAMA) Modified on 6/17/2015 (JAMA). (Entered: 06/16/2015)

06/16/2015 716 *NOTICE - Product Liability 5 (Modified)by Spin Master Incorporated, Spin Master Limited, Toys "R" US-Delaware Incorporated. (Mear, Richard) *Modified as to event on 6/17/2015 (KMG). (Entered: 06/16/2015)

06/16/2015 721 AMENDED MINUTE ENTRY for proceedings held before Judge John J Tuchi: Amending Doc. 715 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Jury Trial [Day 6] held on 6/16/2015. Discussions held. Trial continued to 6/17/2015. (See attached Minute Entry for details). (Court Reporter Elaine Cropper.) Hearing held 8:35 AM to 5:19 PM.(JAMA)

Reason for Amendment: To correct the days of the week in which briefs are due. (JAMA) (Entered: 06/17/2015)

06/17/2015 717 TRIAL BRIEF re: Jury Instruction on Agency Law by Beth Monje, Mark Monje. (McBride, Melanie) (Entered: 06/17/2015)

06/17/2015 718 ORDER: IT IS ORDERED that the following rebuttal case designations by Plaintiff of the deposition of Iain Kennedy will be admitted: 52:11-53:10-by video, 56:20-58:17-by video. IT IS FURTHER ORDERED that the sole rebuttal designation by Plaintiff from the Alex Perez deposition is excluded for lack of foundation. IT IS FURTHER ORDERED consistent with Defendant Spinmaster's request that the Court will not consider Plaintiff's rebuttal designations of the Kitzes depositions, as the Court has compared the rebuttal designations to the designations submitted for review during Plaintiff's case-in-chief and the two documents appear to be either identical or nearly identical. IT IS FURTHER ORDERED that all rebuttal designations of the Poulos deposition are excluded. (See attached Order for complete details). Signed by Judge John J Tuchi on 6/17/15. (JAMA) (Entered: 06/17/2015)

06/17/2015 719 ORDER: IT IS ORDERED that the following rebuttal case designation by Plaintiff of the deposition of William Schrager will be admitted: 129:18- 130:17-by video. IT IS FURTHER ORDERED that none of Defendants' counter designations to the Schrager deposition will be admitted, as none are responsive to the sole designation admitted. IT IS FURTHER ORDERED that none of Plaintiff's proposed rebuttal designations to the depositions of Choy, P. Solomon or Skliros will be admitted, for the reasons set forth in Defendants' objections. The designated portions are not proper rebuttal, and many of them are duplicative of material already read to or played for the jury during the case in chief. (See attached Order for complete details). Signed by Judge John J Tuchi on 6/17/15. (JAMA) (Entered: 06/17/2015)

06/17/2015 720 TRIAL BRIEF Supplemental Regarding Agency and Proposed Jury Instructions by Moose Enterprises Proprietary Limited. (Mariano, Carl) (Entered: 06/17/2015)

06/17/2015 722 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Jury Trial [Day 7] held on 6/17/2015. Evidence entered. Trial continued to 6/18/2015. (See attached Minute Entry for details). (Court Reporter Elaine Cropper.) Hearing held 8:47 AM to 4:56 PM.(JAMA) (Entered: 06/17/2015)

06/18/2015 723 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Jury Trial [Day 8] completed on 6/18/2015. IT IS ORDERED that the parties will jointly file a proposed form of judgment or file a notice with the Court indicating they were unable to agree on a proposed form of judgment by no later than Friday, 6/19/2015 at 5:00 p.m. IT IS FURTHER ORDERED granting defendant Moose's oral motion for a stay of enforcement of judgment until 7/16/2015. (See attached Minute Entry for details). (Court Reporter Elaine Cropper.) Hearing held 9:01 AM to 4:05 PM.(JAMA) (Entered: 06/18/2015)

Outcome: Plaintiffs' verdict for $435,000.00 including $58,000 in medical expenses.

Plaintiff's Experts:

Defendant's Experts:

Comments:



Find a Lawyer

Subject:
City:
State:
 

Find a Case

Subject:
County:
State: