Knight et al v. Baxter Healthcare Corporation
| Tamara Knight and Gary Beck |
| Baxter Healthcare Corporation |
| 3:2021cv03003 |
| January 27, 2021 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 25, 2021. A more recent docket listing may be available from PACER.
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| Filing 47 MEMORANDUM OPINION AND ORDER granting in part and denying in part #16 Motion to Dismiss. Counts II, III, and IV of each Complaint are DISMISSED WITHOUT PREJUDICE. Count I remains for adjudication. ( Case Management Hearing set for 6/14/2021 10:30 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks.) Signed by Honorable Timothy L. Brooks on March 25, 2021. (tg) |
| ***CASE MANAGEMENT HEARING set for MARCH 30, 2021 at 3:00 PM TERMINATED. NOTE: The hearing will be reset by separate order. Signed by Honorable Timothy L. Brooks on March 17, 2021. (slc) |
| Filing 46 COMPLAINT with Jury Demand against Baxter Healthcare Corporation, filed by Gary Beck. ***Originally filed in NDIL case number 1:20-cv-1653 on 3/6/2020. See #13 Minute entry regarding consolidating cases***(src) |
| Filing 45 NOTICE by Baxter Healthcare Corporation (Attachments: #1 Exhibit Order)(Ney, Marshall) |
| Filing 44 TEXT ONLY ORDER GRANTING #42 Motion to Appear Pro Hac Vice. BRADLEY HERMAN WEIDENHAMMER is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable Timothy L. Brooks on February 25, 2021. (slc) |
| Filing 43 TEXT ONLY ORDER GRANTING #41 Motion to Appear Pro Hac Vice. HOWARD M. KAPLAN is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable Timothy L. Brooks on February 25, 2021. (slc) |
| Filing 42 MOTION for Attorney Bradley Herman Weidenhammer to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2341278) by Baxter Healthcare Corporation. (Ney, Marshall) |
| Filing 41 MOTION for Attorney Howard M. Kaplan to Appear Pro Hac Vice Howard M. Kaplan (PHV Application fee paid $ 100; receipt number CARWDC-2341263) by Baxter Healthcare Corporation. (Ney, Marshall) |
| Filing 40 ***PLEASE DISREGARD - WILL BE REFILED*** MOTION for Leave to Appear Pro Hac Vice by Baxter Healthcare Corporation. (Ney, Marshall) Modified on 2/25/2021 (lgd). |
| Motions terminated: #40 MOTION for Leave to Appear Pro Hac Vice filed by Baxter Healthcare Corporation.. Signed by Honorable Timothy L. Brooks on February 25, 2021. (slc) |
| Filing 39 NOTICE of Appearance by Marshall S. Ney on behalf of Baxter Healthcare Corporation. (Ney, Marshall) |
| Filing 38 INITIAL SCHEDULING ORDER: Case Management Hearing set for 3/30/2021 03:00 PM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 3/15/2021. Signed by Honorable Timothy L. Brooks on February 8, 2021. (slc) |
| Filing 37 TEXT ONLY ORDER GRANTING #35 Motion to Appear Pro Hac Vice. BENJAMIN RICHMAN appearing for PLAINTIFF. Signed by Honorable Timothy L. Brooks on February 2, 2021. (slc) |
| Filing 36 TEXT ONLY ORDER GRANTING #34 Motion to Appear Pro Hac Vice. MICHAEL OVCA appearing for PLAINTIFF. Signed by Honorable Timothy L. Brooks on February 2, 2021. (slc) |
| Filing 35 MOTION for Attorney Benjamin Richman to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2325381) by Tamara Knight. (Richman, Benjamin) |
| Filing 34 MOTION for Attorney Michael Ovca to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2325357) by Tamara Knight. (Ovca, Michael) |
| TEXT ONLY CLERK'S NOTICE: The following attorney(s) listed on the Docket are not registered for CM/ECF noticing and filing in the Western District of Arkansas:Michael W Ovca, Benjamin Harris Richman, Bradley Herman Weidenhammer, and Howard Michael Kaplan. An attorney can register through PACER for a CM/ECF login and password if they are admitted to practice in the U.S. District Courts for the Eastern and Western Districts of Arkansas or are admitted pro hac vice for this case. Any non-registered attorney should submit the proper attorney admission petition or file an appropriate motion. Please refer to our website http://www.arwd.uscourts.gov/attorney-information for further information. (src) |
| Filing 33 Magistrate Notice/Consent Form (src) |
| Filing 32 Case transferred in from District of Illinois Northern; Case Number 120:cv-01652-. Docket sheet received. |
| TRANSFERRED to the Western District of Arkansas the Electronic Record. (gcy, ) [Transferred from ilnd on 1/27/2021.] |
| Filing 31 MEMORANDUM Opinion: The Court grants Baxter's motion to transfer venue #18 . The Court further orders that this action be transferred to the Harrison Division of the U.S. District Court for the Western District of Arkansas. It is so ordered. Signed by the Honorable Charles P. Kocoras on 10/27/2020. Civil case terminated. Mailed notice(vcf, ) [Transferred from ilnd on 1/27/2021.] |
| Filing 30 MINUTE entry before the Honorable Charles P. Kocoras: Unopposed motion for leave to file excess pages for reply in support of motion to dismiss #27 is granted. Mailed notice (vcf, ) [Transferred from ilnd on 1/27/2021.] |
| Filing 29 REPLY by Defendant Baxter Healthcare Corp. to motion to transfer case #18 , memorandum in opposition to motion #23 , memorandum in support of motion #19 , order on motion for extension of time to file response/reply, set motion and R&R deadlines/hearings, order on motion for relief, #22 (Weidenhammer, Bradley) [Transferred from ilnd on 1/27/2021.] |
| Filing 28 REPLY by Defendant Baxter Healthcare Corp. to Motion to Dismiss for Failure to State a Claim #16 , memorandum in opposition to motion #24 , memorandum in support of motion #17 , order on motion for extension of time to file response/reply, set motion and R&R deadlines/hearings, order on motion for relief, #22 (Weidenhammer, Bradley) [Transferred from ilnd on 1/27/2021.] |
| Filing 27 MOTION by Defendant Baxter Healthcare Corp. for leave to file excess pages for Reply in Support of Motion to Dismiss (Weidenhammer, Bradley) [Transferred from ilnd on 1/27/2021.] |
| Filing 26 MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's unopposed motion for leave to file memorandum of law in excess of fifteen (15) pages, instanter #25 is granted. Mailed notice (vcf, ) [Transferred from ilnd on 1/27/2021.] |
| Filing 25 MOTION by Plaintiff Tamara Knight for leave to file excess pages in Memo of Law in Opposition to Defendant's Motion to Dismiss, Instanter (Unopposed) (Richman, Benjamin) [Transferred from ilnd on 1/27/2021.] |
| Filing 24 MEMORANDUM by Tamara Knight in Opposition to Motion to Dismiss for Failure to State a Claim #16 (Attachments: #1 Exhibit Ex. A - Kamuda v. Sterigenics, et al. - Order on Mot. to Dismiss)(Richman, Benjamin) [Transferred from ilnd on 1/27/2021.] |
| Filing 23 MEMORANDUM by Tamara Knight in Opposition to motion to transfer case #18 (Richman, Benjamin) [Transferred from ilnd on 1/27/2021.] |
| Filing 22 MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's unopposed motion to extend briefing schedule #21 is granted. Response is due by 9/9/2020; Reply is due by 9/30/2020. Court will rule by mail. Mailed notice (vcf, ) [Transferred from ilnd on 1/27/2021.] |
| Filing 21 MOTION by Plaintiff Tamara Knight for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim #16 , motion to transfer case #18 Unopposed (Ovca, Michael) [Transferred from ilnd on 1/27/2021.] |
| Filing 20 MINUTE entry before the Honorable Charles P. Kocoras: Unopposed motion for leave to file excess pages for memorandum in support of motion to dismiss #15 is granted. Defendant Baxter Healthcare Corp.'s motion to dismiss Plaintiffs' Complaints #16 and motion to transfer venue under 28 U.S.C. section 14040(a) #18 are entered and briefed as follows: Response is due by 9/2/2020; Reply is due by 9/16/2020. Court will rule by mail. Mailed notice (vcf, ) [Transferred from ilnd on 1/27/2021.] |
| Filing 19 MEMORANDUM by Baxter Healthcare Corp. in support of motion to transfer case #18 Under 28 U.S.C. Sect. 1404(a) (Attachments: #1 Exhibit A)(Weidenhammer, Bradley) [Transferred from ilnd on 1/27/2021.] |
| Filing 18 MOTION by Defendant Baxter Healthcare Corp. to transfer case Under 28 U.S.C. Sect. 1404(a) (Weidenhammer, Bradley) [Transferred from ilnd on 1/27/2021.] |
| Filing 17 MEMORANDUM by Baxter Healthcare Corp. in support of Motion to Dismiss for Failure to State a Claim #16 (Weidenhammer, Bradley) [Transferred from ilnd on 1/27/2021.] |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Baxter Healthcare Corp. (Weidenhammer, Bradley) [Transferred from ilnd on 1/27/2021.] |
| Filing 15 MOTION by Defendant Baxter Healthcare Corp. for leave to file excess pages for Memorandum in Support of Motion to Dismiss (Weidenhammer, Bradley) [Transferred from ilnd on 1/27/2021.] |
Filing 14
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk8, Docket) [Transferred from ilnd on 1/27/2021.]
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| Filing 13 MINUTE entry before the Honorable Charles P. Kocoras: Joint motion to re-assign and consolidate related actions #11 is granted. Mailed notice (vcf, ) [Transferred from ilnd on 1/27/2021.] |
| Filing 12 NOTICE of Motion by Bradley Herman Weidenhammer for presentment of motion to reassign case #11 before Honorable Charles P. Kocoras on 7/9/2020 at 09:30 AM. (Weidenhammer, Bradley) [Transferred from ilnd on 1/27/2021.] |
| Filing 11 MOTION by Defendant Baxter Healthcare Corp. to reassign case and Consolidate Related Actions (Attachments: #1 Exhibit A)(Weidenhammer, Bradley) [Transferred from ilnd on 1/27/2021.] |
| Filing 10 ATTORNEY Appearance for Plaintiff Tamara Knight by Michael W Ovca (Ovca, Michael) [Transferred from ilnd on 1/27/2021.] |
| Filing 9 ATTORNEY Appearance for Defendant Baxter Healthcare Corp. by Howard Michael Kaplan (Kaplan, Howard) [Transferred from ilnd on 1/27/2021.] |
| Filing 8 ATTORNEY Appearance for Defendant Baxter Healthcare Corp. by Bradley Herman Weidenhammer (Weidenhammer, Bradley) [Transferred from ilnd on 1/27/2021.] |
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Filing 7
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket10, ) [Transferred from ilnd on 1/27/2021.]
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| ALIAS Summons Issued as to Defendant Baxter Healthcare Corp.. (kl, ) [Transferred from ilnd on 1/27/2021.] |
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Filing 6
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9, ) [Transferred from ilnd on 1/27/2021.]
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| SUMMONS Issued as to Defendant Baxter Healthcare Corp. (tg, ) [Transferred from ilnd on 1/27/2021.] |
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Filing 5
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket4, ) [Transferred from ilnd on 1/27/2021.]
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Filing 4
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (tg, ) [Transferred from ilnd on 1/27/2021.]
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| SUMMONS Issued as to Defendant Baxter Healthcare Corp. (jg, ) [Transferred from ilnd on 1/27/2021.] |
| CASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (jg, ) [Transferred from ilnd on 1/27/2021.] |
| Filing 3 ATTORNEY Appearance for Plaintiff Tamara Knight by Benjamin Harris Richman (Richman, Benjamin) [Transferred from ilnd on 1/27/2021.] |
| Filing 2 CIVIL Cover Sheet (Richman, Benjamin) [Transferred from ilnd on 1/27/2021.] |
| Filing 1 COMPLAINT filed by Tamara Knight; Jury Demand. Filing fee $ 400, receipt number 0752-16805721.(Richman, Benjamin) [Transferred from ilnd on 1/27/2021.] |
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