Attorney Stephen Tillery of St. Louis has served subpoenas on eight national retailers, demanding to know how many Pfizer pills they sold in Madison County in 2005.
Tillery needs the numbers to prove that his proposed class action against Pfizer belongs in Madison County circuit court.
Pfizer, arguing it doesn't do business in Madison County, has asked Associate Judge Ralph Mendelsohn to transfer the suit to Cook County.
Tillery's clients seek to recover money they would not have spent on Celebrex and Bextra if they had known all the facts about them.
Tillery seeks certification of a national plaintiff class.
On Nov. 13, Tillery notified Mendelsohn that he had served subpoenas.
Tillery set depositions Dec. 12 for records custodians of Walgreen, Shop 'n Save, Schnucks and Dierberg's.
He set depositions Dec. 13 for Wal-Mart, CVS, Target and K-Mart.
He offered to cancel any retailer's deposition if he received a record of all Pfizer sales in Madison County in 2005, by Friday, Nov. 30.
Tillery sued Pfizer in 2005.
Chief Judge Edward Ferguson assigned the case to Circuit Judge Daniel Stack.
Pfizer removed it to federal court and federal court sent it back.
Tillery took Stack off the case with a motion for substitution.
In Illinois any party can substitute a judge once without cause, if the judge has made no substantial ruling.
Ferguson assigned Circuit Judge Nicholas Byron, and Pfizer moved for substitution.
Ferguson assigned Moran.
Pfizer moved for transfer to Cook County, and Moran granted it.
Tillery moved to reconsider, and Moran disqualified himself.
Two circuit judges remained available but Ferguson assigned the case to Mendelsohn, an unelected associate judge.
Mendelsohn vacated Moran's transfer order, but Pfizer moved again for transfer.