Kennedy-McInnis et al v. Biomedical Tissue Services, Ltd. et al
| John Yeager, Brant Kennedy, Shauna Clay, Jill Wirth, Donna Mattern, Virginia Jacobson, Laurie Stathopoulos, Carolyn Kennedy-Green, Cyndia Kennedy-McInnis, Robert Nenno, Ernest Kennedy, Lejune Kennedy and Rolann Bailey |
| Profetta Funeral Chapel, Biomedical Tissue Services, Ltd., Blood & Tissue Center of Central TX, Regeneration Technologies Inc., Michael Mastromarino, Thomas E. Burger Funeral Home Inc., Thomas E. Burger, Lost Mountain Tissue Bank, Tutogen Medical Inc., S, LifeCell Corporation and Serenity Hill's Funeral Home, Inc. |
| HUMAN TISSUE PRODUCTS LIABILITY LITIGATION |
| 6:2013cv06545 |
| October 2, 2013 |
| US District Court for the Western District of New York |
| Rochester Office |
| XX US, Outside State |
| David G Larimer |
| Tort Product Liability |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on April 12, 2016. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 87 JUDGMENT dismissing the complaint. Signed by Clerk on 4/12/16. (JHF) |
| E-Filing Notification: #86 ORDER granting #72 Motion for Summary Judgment; denying #77 Motion for Summary Judgment. Amended caption on document to exclude the reference to the docket number 06-CV-6410. Document otherwise remains unchanged. (PR) |
| Filing 86 -CLERK TO FOLLOW UP-ORDER granting #72 Motion for Summary Judgment; denying #77 Motion for Summary Judgment. Signed by Hon. David G. Larimer on 4/11/16. (PR) (PR). |
| Filing 85 Minute Entry for proceedings held before Hon. David G. Larimer: Motion Hearing held on 11/10/2015 re #72 MOTION for Summary Judgment filed by Regeneration Technologies Inc., #77 First MOTION for Summary Judgment filed by Brant Kennedy. The Court reserves decision. (Tape #FTR.) (PR) |
| Filing 84 REPLY/RESPONSE to re #72 MOTION for Summary Judgment Reply Memorandum of Law filed by Regeneration Technologies Inc.. (D'Avanzo, Joseph) |
| Filing 83 TEXT ORDER re #72 MOTION for Summary Judgment filed by Regeneration Technologies Inc., #77 First MOTION for Summary Judgment filed by Brant Kennedy. The Court grants defendant's letter request to exceed the page limit in their Reply by ten (10) pages. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 10/23/15. (PR) |
| Mail Returned as Undeliverable. #76 Order sent to Lost Mountain Tissue Bank (EMA) |
| Filing 82 TEXT ORDER re #72 MOTION for Summary Judgment filed by Regeneration Technologies Inc., #77 First MOTION for Summary Judgment filed by Brant Kennedy. Motion Hearing set for 11/10/2015 11:00 AM before Hon. David G. Larimer. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 10/19/15. (PR) |
| Filing 81 MEMORANDUM/BRIEF re #79 Response in Opposition to Motion,, #80 Statement of Facts, #77 First MOTION for Summary Judgment by Brant Kennedy. (White, Van) |
| Filing 80 STATEMENT OF FACTS Rule 56 Statement by Brant Kennedy Related document: #79 Response in Opposition to Motion,, #77 Motion for Summary Judgment. (White, Van) |
| Filing 79 RESPONSE in Opposition re #77 First MOTION for Summary Judgment filed by Brant Kennedy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V)(White, Van) |
Filing 78
ORDER granting Plaintiffs' request to file papers in opposition to defendants' motion for summary judgment on October 13, 2015. Plaintiffs' purported cross-motion for summary judgment is untimely. The Court will consider plaintiffs' submissions in opposition to defendants' motion for summary judgment. In addition to either granting or denying defendants' motion for summary judgment, the Court does have other options under FED. R. CIV. P. 56(f) which, although not routine, may be entered depending on the facts and law on the case.Defendants may reply to plaintiffs' papers in opposition as it sees fit. Signed by Hon. David G. Larimer on 10/13/15. (EMA)
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| Filing 77 First MOTION for Summary Judgment by Brant Kennedy.(White, Van) |
| Filing 76 LETTER ORDER granting plaintiff's letter request for a one week extension to respond to defendant's #72 MOTION for Summary Judgment. Responses due by 10/12/2015. Signed by Hon. David G. Larimer on 10/5/15. (EMA) |
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Filing 74
ORDER granting #66 Motion to Withdraw as Attorney as to defendant Lost Mountain Tissue Bank. Attorney Edmond C. Baird and Kevin J. English terminated. Signed by Hon. David G. Larimer on 8/24/15. (JHF)
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| Filing 75 Minute Entry for proceedings held before Hon. David G. Larimer: Motion Hearing held on 8/24/2015 re #66 MOTION to Withdraw as Attorney filed by Lost Mountain Tissue Bank. The parties appear by telephone. The Court grants defendant's motion to withdraw as counsel.. (Court Reporter CM.) (PR) |
| Filing 73 TEXT ORDER re #72 MOTION for Summary Judgment filed by Regeneration Technologies Inc. Responses due by 10/5/2015. Reply papers by the moving party must be filed no later than fifteen (15) days following the filing of responding papers. When all papers have been submitted, the Court will review them to determine if argument is necessary and if so, the parties will receive notice of the argument date. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 8/18/15. (PR) |
| Filing 72 MOTION for Summary Judgment by Regeneration Technologies Inc. (Attachments: #1 Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #2 Affidavit of John Grooms in Support of RTI Surgical's Motion for Summary Judgment, #3 Facts RTI Surgical's Statement of Undisputed Facts, #4 Memorandum of Law in Support of RTI Surgical's Motion for Summary Judgment, #5 Exhibit A to Memorandum of Law in Support of RTI Surgical's Motion for Summary Judgment, #6 Exhibit 1 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #7 Exhibit 2 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #8 Exhibit 3 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #9 Exhibit 4 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #10 Exhibit 5 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #11 Exhibit 6 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #12 Exhibit 7 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #13 Exhibit 8 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #14 Exhibit 9 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #15 Exhibit 10 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #16 Exhibit 11 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #17 Exhibit 12 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #18 Exhibit 13 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #19 Exhibit 14 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #20 Exhibit 15 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #21 Exhibit 16 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #22 Exhibit 17 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #23 Exhibit 18 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #24 Exhibit 19 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #25 Exhibit 20 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #26 Exhibit 21 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #27 Exhibit 22 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #28 Exhibit 23 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #29 Exhibit 24 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #30 Exhibit 25 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #31 Exhibit 26 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #32 Exhibit 27 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #33 Exhibit 28 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #34 Exhibit 29 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #35 Exhibit 30 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #36 Exhibit 31 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #37 Exhibit 32 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #38 Exhibit 33 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #39 Exhibit 34 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #40 Exhibit 35 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #41 Exhibit 36 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #42 Exhibit 37 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #43 Exhibit 38 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #44 Exhibit 39 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #45 Exhibit 40 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #46 Exhibit 41 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #47 Exhibit 42 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #48 Exhibit 43 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment, #49 Exhibit 44 to Affidavit of Nancy Ledy-Gurren in Support of RTI Surgical's Motion for Summary Judgment)(D'Avanzo, Joseph) |
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Filing 71
ORDER granting defendant Regeneration Technologies Inc. request to exceed the page limit of its Memorandum of Law. Signed by Hon. David G. Larimer on 8/6/15. (JHF)
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| Filing 70 TEXT ORDER re #66 MOTION to Withdraw as Attorney filed by Lost Mountain Tissue Bank. Motion Hearing set for 8/24/2015 02:30 PM before Hon. David G. Larimer. Counsel for plaintiffs and defendant Lost Mountain must appear in person. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 8/10/15. (PR) |
| E-Filing Notification: revised docket text of #69 to "CONTINUATION OF EXHIBITS" to reflect correct filing event. (JHF) |
| Filing 69 CONTINUATION OF EXHIBITS re #66 Motion to Withdraw as Attorney, #67 Declaration, #68 Memorandum in Support by Lost Mountain Tissue Bank. (English, Kevin) Modified on 8/5/2015 (JHF). |
| Filing 68 MEMORANDUM IN SUPPORT re #66 MOTION to Withdraw as Attorney , #67 Declaration byLost Mountain Tissue Bank. (English, Kevin) |
| Filing 67 DECLARATION re #66 MOTION to Withdraw as Attorney filed by Lost Mountain Tissue Bank . (Attachments: #1 Exhibit Docket, #2 Exhibit Administrative Dissolution of Lost Mountain)(English, Kevin) |
| Filing 66 MOTION to Withdraw as Attorney by Lost Mountain Tissue Bank.(English, Kevin) |
| Filing 64 PRETRIAL ORDER: Defendant must file any dispositive motions on or before 8/14/2015. Final Pretrial Conference set for 11/23/2015 02:00 PM before Hon. David G. Larimer. Jury Trial set for 12/1/2015 08:30 AM before Hon. David G. Larimer. Signed by Hon. David G. Larimer on 7/14/15. (EMA) |
| Mail Returned as Undeliverable. #62 Order sent to Lost Mountain Tissue Bank (EMA) |
| Filing 65 NOTICE of Withdrawal of Appearance as to Denise Brinker Bense by Regeneration Technologies Inc. (JHF) |
| E-Filing Notification: Login Username and attorney signature on document do not match (refer to Administrative Procedures Guide Section 1-3c) re #63 NOTICE by Regeneration Technologies Inc. Action required: re-file document using same Login username password and attorney signature on document. (JHF) |
| Filing 63 NOTICE by Regeneration Technologies Inc. Cozen O'Connor Withdrawal of Appearance (D'Avanzo, Joseph) |
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Filing 62
ORDER that defendant must file Dispositive Motions by 8/14/2015. Final Pretrial Conference set for 11/23/2015 02:00 PM before Hon. David G. Larimer. Jury Trial set for 12/1/2015 08:30 AM before Hon. David G. Larimer. Signed by Hon. David G. Larimer on 6/15/15. (EMA)
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| Filing 61 PRETRIAL STATEMENT by Lejune Kennedy. (White, Van) |
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Filing 60
ORDER TO SHOW CAUSE. Show Cause Response due by 6/12/2015. Failure to respond could result in this case being dismissed for failure to prosecute pursuant to Local Rule 41(b). IT IS SO ORDERED. Signed by Hon. David G. Larimer on 5/11/15. (PR)
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| Filing 59 TEXT ORDER. The Court requests that the parties submit a joint statement with respect to the status of this case, including what remains to be accomplished and, if necessary, if the parties are prepared to go to trial in the fall on the remaining issues. The parties' status report is due on or before 3/21/2014. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 3/4/14. (PR) |
| Set/Reset Hearings: Telephone Conference reset for 1/8/2014 10:30 AM before Hon. David G. Larimer. (PR) |
| Set/Reset Hearings: Telephone Conference reset for 12/12/2013 11:30 AM before Hon. David G. Larimer. (PR) |
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Filing 58
STIPULATION AND ORDER of Dismissal with Prejudice as to Thomas E. Burger Funeral Home Inc. and Thomas E. Burger. Signed by Hon. David G. Larimer on 11/7/13. (JHF)
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| E-Filing Notification: Proposed orders are never filed in the WDNY. Document #57 STIPULATION of Dismissal contains a "so ordered" line and is considered a proposed order. Proposed orders should be submitted via e-mail or other means to the assigned judge. Refer to page 9 of the Administrative Guide for e-mail addresses. (JHF) |
| Filing 57 STIPULATION of Dismissal with Prejudice by Thomas E. Burger Funeral Home Inc.. (Zambito, Charles) |
| Filing 56 Minute Entry for proceedings held before Hon. David G. Larimer: Status Conference held on 10/29/2013. The Court schedules a telephone status conference for 12/5/2013 04:00 PM before Hon. David G. Larimer. (PR) |
| Filing 55 TEXT ORDER. The Court sets a status conference on the #52 ORDER remanding this MDL action back to the WDNY. Status Conference set for 10/29/2013 03:30 PM before Hon. David G. Larimer. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 10/21/13. (PR) |
| Filing 54 NOTICE of Appearance by Joseph A. D'Avanzo on behalf of Regeneration Technologies Inc. (D'Avanzo, Joseph) |
| Filing 53 Case transferred in from District of New Jersey; Case Number 2:06-cv-05140. |
| Notice to all counsel: Please note that this action originated in the WDNY under case number 06cv6410 and upon being returned to the WDNY from the Multidistrict Litigation Court, it has been opened as a new action. The case number is 13cv6545 and the matter is assigned to the Hon. David G. Larimer. All documents must be filed on case 13cv6545. (JMM) |
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Filing 52
ORDER remanding MDL action to the Western District of New York. (jl, ) [Transferred from njd on 10/2/2013.]
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| Filing 51 Copy of the Court's Letter to the Clerk of the Multdistrict Litigation Panel requesting remand to the Western District of New York.(gh, ) [Transferred from njd on 10/2/2013.] |
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Filing 50
ORDER TO SHOW CAUSE Show Cause Hearing set for 8/22/2013 02:00 PM before Judge William J. Martini. Signed by Judge William J. Martini on 8/15/13. (gh, ) [Transferred from njd on 10/2/2013.]
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| Filing 49 STIPULATION of Dismissal Dismissing All Claims by Plaintiffs Cyndia Kennedy-McInnis, Lejeune Kennedy, Carolyn Kennedy-Green, Ernest Kennedy, Brant Kennedy, Donna Matern, Robert Nenno, Laurie Stathopoulos, Jill Wirth, Virginia Jacobson, Rolann Bailey, Shauna Clay and John Yeager Against Defendant LifeCell Corporation by LIFECELL CORPORATION. (FIELD, DAVID) [Transferred from njd on 10/2/2013.] |
| Filing 48 NOTICE of Appearance by VAN HENRI WHITE on behalf of CYNDIA KENNEDY-MCINNIS (WHITE, VAN) [Transferred from njd on 10/2/2013.] |
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Filing 47
STIPULATION and Order of Discontinuance with respect to Defendant, SWB Funeral Service, Inc., d/b/a/ Profetta Funeral Chapel s/h/a Profetta Funeral Home only with prejudice and without costs. Signed by Judge William J. Martini on 4/30/10 (gh, ) [Transferred from njd on 10/2/2013.]
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Filing 46
ORDER denying motion for class certification. Signed by Judge William J. Martini on 3/2/10. (gh, ) [Transferred from njd on 10/2/2013.]
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| Filing 45 OPINION (denying class certification filed in Sechtin v. Regeneration Civ. 06-135 MDL-1763). Signed by Judge William J. Martini on 3/2/10. (gh, ) [Transferred from njd on 10/2/2013.] |
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Filing 44
ORDER denying #34 Motion to Lift Stay. Signed by Judge William J. Martini on 3/2/10. (gh, ) [Transferred from njd on 10/2/2013.]
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Filing 43
ORDER dismissing Plaintiff Rolann Bailey's claims as to RTI #39 Motion for Summary Judgment. Signed by Judge William J. Martini on 2/23/10. (gh, ) [Transferred from njd on 10/2/2013.]
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| Filing 42 DECLARATION of Richard E. Wegryn, Jr. by REGENERATION TECHNOLOGIES, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Brief in Opposition to Plaintiffs' Motion for Class Certification (Main Dkt #831))(WEGRYN, RICHARD) [Transferred from njd on 10/2/2013.] |
| CHAMBERS NOTE: Opposition to Plaintiff's motion for class certification will be extended to 12/31/09. (gh, ) [Transferred from njd on 10/2/2013.] |
| Filing 41 Letter from Letter from Profetta Funeral Chapel for Ext of Time.. (KEAVENEY, ANDREW) [Transferred from njd on 10/2/2013.] |
| Filing 40 NOTICE by REGENERATION TECHNOLOGIES, INC. CROSS NOTICE OF VIDEOTAPED DEPOSITION OF MICHAEL MASTROMARINO (WEGRYN, RICHARD) [Transferred from njd on 10/2/2013.] |
| Set Deadline as to #39 MOTION for Summary Judgment. Motion set for 10/19/2009 before Judge William J. Martini. The motion will be decided on the papers. No appearances required unless notified by the court. (sr, ) [Transferred from njd on 10/2/2013.] |
| Filing 39 MOTION for Summary Judgment by REGENERATION TECHNOLOGIES, INC.. Responses due by 11/2/2009 (Attachments: #1 Brief in Support of Motion for Summary Judgment on All Claims Against RTI Asserted by Plaintiff Rolann Bailey, #2 Statement of Material Uncontroverted Facts, #3 Declaration of Denise Brinker Bense, #4 Affidavit of Caroline A. Hartill, #5 Text of Proposed Order)(BENSE, DENISE) [Transferred from njd on 10/2/2013.] |
| Filing 38 MEMORANDUM in Opposition re #34 MOTION Notice of Motion re #32 MOTION To Lift Stay, #33 Notice (Other), Docket Annotation, Docket Annotation and in support of Declaration of Denise Brinker Bense #37 filed by REGENERATION TECHNOLOGIES, INC.. (BENSE, DENISE) [Transferred from njd on 10/2/2013.] |
| Filing 37 AFFIDAVIT in Opposition re #34 MOTION Notice of Motion re #32 MOTION To Lift Stay, #33 Notice (Other), Docket Annotation, Docket Annotation filed by REGENERATION TECHNOLOGIES, INC.. (Attachments: #1 Exhibit 1 to Bense Declaration, #2 Exhibit 2 to Bense Declaration, #3 Exhibit 3 to Bense Declaration, #4 Exhibit 4 to Bense Declaration, #5 Exhibit 5 to Bense Declaration, #6 Exhibit 6 to Bense Declaration, #7 Exhibit 7 to Bense Declaration, #8 Exhibit 8 to Bense Declaration, #9 Exhibit 9 to Bense Declaration, #10 Exhibit 10 to Bense Declaration, #11 Exhibit 11 to Bense Declaration, #12 Exhibit 12 to Bense Declaration)(BENSE, DENISE) [Transferred from njd on 10/2/2013.] |
| Filing 36 Letter from Richard E. Wegryn, Jr. advising of plaintiffs consent to extension of deadline for filing response re #33 Notice (Other), Set/Reset Motion and R&R Deadlines/Hearings, #35 Response in Opposition to Motion, #34 MOTION Notice of Motion re #32 MOTION To Lift Stay, #33 Notice (Other), Docket Annotation, Docket Annotation. (BENSE, DENISE) [Transferred from njd on 10/2/2013.] |
| DOCKET CORRECTION: ReSet Deadline as to #34 MOTION #32 MOTION To Lift Stay, Motion set for 9/8/2009 before Judge William J. Martini. The motion will be decided on the papers. No appearances required unless notified by the court. (sr, ) [Transferred from njd on 10/2/2013.] |
| Filing 35 RESPONSE in Opposition re #34 MOTION Notice of Motion re #32 MOTION To Lift Stay, #33 Notice (Other), Docket Annotation, Docket Annotation filed by PROFETTA FUNERAL CHAPEL. (KEAVENEY, ANDREW) [Transferred from njd on 10/2/2013.] |
| Set Deadline as to #34 MOTION Notice of Motion re #32 MOTION To Lift Stay, #33 Notice (Other), Docket Annotation, Docket Annotation. Motion set for 8/17/2009 before Judge William J. Martini. The motion will be decided on the papers. No appearances required unless notified by the court. (sr, ) [Transferred from njd on 10/2/2013.] |
| Filing 34 MOTION Notice of Motion re #32 MOTION To Lift Stay, #33 Notice (Other), Docket Annotation, Docket Annotation by CYNDIA KENNEDY-MCINNIS. (WHITE, VAN) [Transferred from njd on 10/2/2013.] |
| CLERKS OFFICE QUALITY CONTROL MESSAGE - The Notice (other) document #33 filed by V. White on 7/24/09 was submitted incorrectly as a Notice. PLEASE RESUBMIT THE Notice of Motion by USING MOTION W/MISCELLANEOUS RELIEF. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (sr, ) [Transferred from njd on 10/2/2013.] |
| Filing 33 NOTICE by CYNDIA KENNEDY-MCINNIS re Docket Annotation regarding document #32 (WHITE, VAN) [Transferred from njd on 10/2/2013.] |
| CLERKS OFFICE QUALITY CONTROL MESSAGE - The Notice of Motion filed on 7/15/09 by Van White (document #32) does not contain the Notice of Motion in that entry. PLEASE SUBMIT THE NOTICE OF MOTION ONLY referencing document #32. (sr, ) [Transferred from njd on 10/2/2013.] |
| Filing 32 MOTION To Lift Stay by CYNDIA KENNEDY-MCINNIS. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(WHITE, VAN) [Transferred from njd on 10/2/2013.] |
| Filing 29 OPINION (Good-Faith Immunity). Signed by Judge William J. Martini on 11/13/07. (gh, ) [Transferred from njd on 10/2/2013.] |
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Filing 31
ORDER granting #5 Motion for Summary Judgment; granting #6 Motion for Summary Judgment; denying #7 Motion for Joinder. Signed by Judge William J. Martini on 11/13/07. (gh, ) [Transferred from njd on 10/2/2013.]
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| Filing 30 OPINION (Standing). Signed by Judge William J. Martini on 11/13/07. (gh, ) [Transferred from njd on 10/2/2013.] |
| Filing 28 NOTICE of Appearance by TINA M. FOSTER on behalf of THOMAS E. BURGER FUNERAL HOME, INC. (FOSTER, TINA) [Transferred from njd on 10/2/2013.] |
| Filing 27 Letter from Andrew P Keaveney re: plaintiff's cross motion. (KEAVENEY, ANDREW) [Transferred from njd on 10/2/2013.] |
| Filing 26 Substitution of Attorney - Attorney ANDREW PATRICK KEAVENEY and ANDREW PATRICK KEAVENEY for PROFETTA FUNERAL CHAPEL added. Attorney JOHN A. BONVENTRE terminated.. (KEAVENEY, ANDREW) [Transferred from njd on 10/2/2013.] |
| Filing 25 REPLY to Response to Motion re #5 MOTION for Summary Judgment in Kennedy-McInnis (Originally Filed in the Western District of New York, Docket No. 06-06140) MOTION for Summary Judgment in Kennedy-McInnis (Originally Filed in the Western District of New York, Docket No. 06-06140) filed by BLOOD & TISSUE CENTER OF CENTRAL TX. (Attachments: #1 Brief Reply Brief in Further Support of Motion for Summary Judgment#2 Affidavit Supplemental Affidavit of Cari Unger#3 Affidavit Affidavit of Service)(KOTT, DAVID) [Transferred from njd on 10/2/2013.] |
| Judge Mark Falk added. Judge Ronald J. Hedges no longer assigned to case. (jgb) [Transferred from njd on 10/2/2013.] |
| Filing 24 Letter from Van Henri White re #16 Affidavit,. (WHITE, VAN) [Transferred from njd on 10/2/2013.] |
| Filing 23 Letter from Van Henri White re #16 Affidavit,. (WHITE, VAN) [Transferred from njd on 10/2/2013.] |
| Filing 22 NOTICE of Appearance by JOHN A. BONVENTRE on behalf of PROFETTA FUNERAL CHAPEL (BONVENTRE, JOHN) [Transferred from njd on 10/2/2013.] |
| Filing 21 Letter from Mark S. Landman requesting an order to dismiss plaintiff's SJ Motion. (BONVENTRE, JOHN) [Transferred from njd on 10/2/2013.] |
| Filing 20 NOTICE of Appearance by DAVID W. FIELD on behalf of LIFECELL CORPORATION (jd, ) [Transferred from njd on 10/2/2013.] |
| Filing 19 Letter from Janet L. Poletto to the Honorable William J. Martini. (POLETTO, JANET) [Transferred from njd on 10/2/2013.] |
| Filing 18 NOTICE of Hearing: ORAL ARGUMENT ON THE "SCIENCE FIRST" MOTION WILL BE CONDUCTED ON 3/28/07 AT 1:30 PM. Associated Cases: 2:06-cv-00135-WJM-RJH et al.(gh, ) [Transferred from njd on 10/2/2013.] |
| Filing 17 Substitution of Attorney - Attorney IRIS W. FEIN and IRIS W. FEIN for DAVID GRAVES, MARIAN TANGHE, ARTHUR TANGHE, CLARA GRAVES, ALBERT GRAVES, MATTHEW GRAVES, LINDA GRAVES added. Attorney PETER T. RODGERS and DUSTY RENEE TINSLEY terminated.. (Attachments: #1 Certificate of Service #2 Certificate of Service Service List)Associated Cases: 2:06-cv-00135-WJM-RJH et al.(FEIN, IRIS) [Transferred from njd on 10/2/2013.] |
| Filing 16 AFFIDAVIT of Van H. White, Esq. re #13 Statement of Material Fact in Support of Motion,, #15 Brief in Support of Motion,, Docket Annotation by CYNDIA KENNEDY-MCINNIS. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M#14 Exhibit N#15 Exhibit O#16 Exhibit P#17 Exhibit Q#18 Exhibit R)(WHITE, VAN) [Transferred from njd on 10/2/2013.] |
| Filing 15 BRIEF in Support re #5 MOTION for Summary Judgment in Kennedy-McInnis (Originally Filed in the Western District of New York, Docket No. 06-06140) MOTION for Summary Judgment in Kennedy-McInnis (Originally Filed in the Western District of New York, Docket No. 06-06140), #7 MOTION for Joinder (Joins LifeCell's Motion for Summary Judgment) MOTION for Joinder (Joins LifeCell's Motion for Summary Judgment), #6 MOTION for Summary Judgment in Kennedy-McInnis v. BioMedical Tissue Services, Ltd., et al., 6:06-cv-06140-DGL-MWP filed by CYNDIA KENNEDY-MCINNIS. (WHITE, VAN) [Transferred from njd on 10/2/2013.] |
| Filing 14 AFFIDAVIT in Opposition re #5 MOTION for Summary Judgment in Kennedy-McInnis (Originally Filed in the Western District of New York, Docket No. 06-06140) MOTION for Summary Judgment in Kennedy-McInnis (Originally Filed in the Western District of New York, Docket No. 06-06140), #7 MOTION for Joinder (Joins LifeCell's Motion for Summary Judgment) MOTION for Joinder (Joins LifeCell's Motion for Summary Judgment), #6 MOTION for Summary Judgment in Kennedy-McInnis v. BioMedical Tissue Services, Ltd., et al., 6:06-cv-06140-DGL-MWP filed by CYNDIA KENNEDY-MCINNIS. (WHITE, VAN) [Transferred from njd on 10/2/2013.] |
| DOCKET ANNOTATION - Please disregard Docket Entry No. #14 Affidavit as it was inadvertently submitted in error as a Brief. (dc, ) [Transferred from njd on 10/2/2013.] |
| Filing 13 STATEMENT of Material Fact in Support re #5 MOTION for Summary Judgment in Kennedy-McInnis (Originally Filed in the Western District of New York, Docket No. 06-06140) MOTION for Summary Judgment in Kennedy-McInnis (Originally Filed in the Western District of New York, Docket No. 06-06140), #7 MOTION for Joinder (Joins LifeCell's Motion for Summary Judgment) MOTION for Joinder (Joins LifeCell's Motion for Summary Judgment), #6 MOTION for Summary Judgment in Kennedy-McInnis v. BioMedical Tissue Services, Ltd., et al., 6:06-cv-06140-DGL-MWP filed by CYNDIA KENNEDY-MCINNIS. (WHITE, VAN) [Transferred from njd on 10/2/2013.] |
| Filing 12 Letter from Van H. White, Esq.. (WHITE, VAN) [Transferred from njd on 10/2/2013.] |
| Filing 11 AFFIDAVIT of Claude O. Pering re #6 MOTION for Summary Judgment in Kennedy-McInnis v. BioMedical Tissue Services, Ltd., et al., 6:06-cv-06140-DGL-MWP by TUTOGEN MEDICAL, INC.,. (Attachments: #1 Letter)(POLETTO, JANET) [Transferred from njd on 10/2/2013.] |
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Filing 10
PROTECTIVE ORDER sealing Donor Consent Materials. Signed by Judge Ronald J. Hedges on 2/16/07. (jd, ) [Transferred from njd on 10/2/2013.]
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| Filing 9 Letter from David R. Kott to The Honorable William J. Martini in further support of motion for summary judgment filed by The Blood and Tissue Center of Central Texas. (KOTT, DAVID) [Transferred from njd on 10/2/2013.] |
| Filing 8 Letter from David Kott to Judge Hedges. (Attachments: #1 Text of Proposed Order Order Staying All Pending Motions Other Than...)(KOTT, DAVID) [Transferred from njd on 10/2/2013.] |
| Set Deadline as to #7 MOTION for Joinder (Joins LifeCell's Motion for Summary Judgment), #6 MOTION for Summary Judgment in Kennedy-McInnis v. BioMedical Tissue Services, Ltd., et al., 6:06-cv-06140-DGL-MWP, #5 MOTION for Summary Judgment in Kennedy-McInnis (Originally Filed in the Western District of New York, Docket No. 06-06140). Motion Hearing set for 2/26/2007 before Judge William J. Martini. (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (sr, ) [Transferred from njd on 10/2/2013.] |
| Filing 7 MOTION for Joinder (Joins LifeCell's Motion for Summary Judgment) by REGENERATION TECHNOLOGIES, INC.. (Attachments: #1 Brief in support of Joinder Motion for Summary Judgment filed by LifeCell#2 Text of Proposed Order)(BENSE, DENISE) [Transferred from njd on 10/2/2013.] |
| Filing 6 MOTION for Summary Judgment in Kennedy-McInnis v. BioMedical Tissue Services, Ltd., et al., 6:06-cv-06140-DGL-MWP by TUTOGEN MEDICAL, INC.,. (Attachments: #1 Brief in Support of Motion For Summary Judgment and Joinder in Motion filed on behalf of LifeCell Corporation#2 Text of Proposed Order granting summary judgment#3 Filing Letter)(POLETTO, JANET) [Transferred from njd on 10/2/2013.] |
| Filing 5 MOTION for Summary Judgment in Kennedy-McInnis (Originally Filed in the Western District of New York, Docket No. 06-06140) by BLOOD & TISSUE CENTER OF CENTRAL TX. (Attachments: #1 Brief Brief in Support of Motion for Summary Judgment#2 Affidavit Affidavit of Cari Unger#3 Text of Proposed Order Proposed Order Granting Defendant The Blood and Tissue Center of Central Texas Summary Judgment#4 Filing letter)(KOTT, DAVID) [Transferred from njd on 10/2/2013.] |
| Filing 4 Docket Sheet and Complaint received originally filed in the Western Dist. of New York against Biomedical Tissue Services, Ltd. etal (Attachments: #1 Docket Sheet from the Western Dist of New York)(cs, ) Additional attachment(s) added on 1/18/2007 (cs, ). Additional attachment(s) added on 1/18/2007 (cs, ). Additional attachment(s) added on 1/18/2007 (cs, ). Additional attachment(s) added on 1/18/2007 (cs, ). [Transferred from njd on 10/2/2013.] |
| Filing 3 Letter requesting the record from the Clerk of the Western Disrict of NY. (ji, ) [Transferred from njd on 10/2/2013.] |
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Filing 2
PRETRIAL ORDER No. 1. Signed by Judge Ronald J. Hedges on 7/7/06. (ji, ) [Transferred from njd on 10/2/2013.]
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| Filing 1 TRANSFER ORDER from the Judicial Panel on Multidistrict Litigation transferring the case in from the Western District of New York. (ji, ) [Transferred from njd on 10/2/2013.] |
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