Jaquayla Kelly v. Bayer Healthcare Pharmaceuticals, Inc.

Justia Dockets & Filings Sixth Circuit Ohio Northern District Jaquayla Kelly v. Bayer Healthcare Pharmaceuticals, Inc.

Jaquayla Kelly v. Bayer Healthcare Pharmaceuticals, Inc.

Plaintiff:	Jaquayla Kelly
Defendant:	Bayer Healthcare Pharmaceuticals, Inc.
Case Number:	5:2013cv00994
Filed:	May 2, 2013
Court:	US District Court for the Northern District of Ohio
Office:	Akron Office
County:	Stark
Presiding Judge:	Sara Lioi
Nature of Suit:	Personal Injury: Health Care
Cause of Action:	28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
May 29, 2013	Filing 12 Memorandum Opinion and Order: The Court sua sponte severs Counts I, II and III of the Second Amended Complaint, which are entirely between Ohio residents and entirely dependent upon state law, and remands those claims to the Stark County Court of Common Pleas. To that extent, plaintiff's motion to remand (Doc. No. 5 ) is granted. Further, the Court retains jurisdiction over Counts IV, V, VI, and VII, as claims between diverse citizens, and stays all further proceedings in this Court pending the JPML's determination regarding transfer. To that extent, defendant Bayer's motion to stay (Doc. No. 4 ) is granted. Both motions to dismiss (Doc. Nos. 8 and 9 ) are denied without prejudice. Judge Sara Lioi on 5/29/2013. (P,J)

Date Filed

Document Text

May 29, 2013

Filing 12 Memorandum Opinion and Order: The Court sua sponte severs Counts I, II and III of the Second Amended Complaint, which are entirely between Ohio residents and entirely dependent upon state law, and remands those claims to the Stark County Court of Common Pleas. To that extent, plaintiff's motion to remand (Doc. No. 5 ) is granted. Further, the Court retains jurisdiction over Counts IV, V, VI, and VII, as claims between diverse citizens, and stays all further proceedings in this Court pending the JPML's determination regarding transfer. To that extent, defendant Bayer's motion to stay (Doc. No. 4 ) is granted. Both motions to dismiss (Doc. Nos. 8 and 9 ) are denied without prejudice. Judge Sara Lioi on 5/29/2013. (P,J)

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Defendant: Bayer Healthcare Pharmaceuticals, Inc.
Represented By:	Joyce D. Edelman
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Plaintiff: Jaquayla Kelly
Represented By:	Dawn M. Chmielewski
Represented By:	David M. Cuppage
Represented By:	Margaret M. Metzinger
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