Jaquayla Kelly v. Bayer Healthcare Pharmaceuticals, Inc.

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

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Date Filed#Document Text
May 29, 2013 12 Featured Case 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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Plaintiff: Jaquayla Kelly
Represented By: Margaret M. Metzinger(Designation Retained)
Represented By: David M. Cuppage(Designation Retained)
Represented By: Dawn M. Chmielewski(Designation Retained)
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Defendant: Bayer Healthcare Pharmaceuticals, Inc.
Represented By: Joyce D. Edelman
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