Herron, Jr. v. Kaiser Foundation Hospitals, et al.
Plaintiff: Paul Herron, Jr.
Defendant: Smith & Nephew, Inc., Kaiser Foundation Hospitals, Permanente Medical Group and Kaiser Foundation Health Plan, Inc.
Case Number: 2:2012cv03052
Filed: December 19, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Amador
Presiding Judge: Lawrence K Karlton
Referring Judge: Kendall J Newman
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on August 15, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 15, 2014 Filing 62 TRANSCRIPT of Defendant's Motion to Compel Proceedings held on 07/03/2014, before Magistrate Judge Kendall J. Newman. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 9/5/2014. Redacted Transcript Deadline set for 9/15/2014. Release of Transcript Restriction set for 11/13/2014 filed by ECRO Jonathan Anderson, Phone number 916-930-4072 E-mail janderson@caed.uscourts.gov. (Anderson, J)
August 12, 2014 Opinion or Order Filing 61 STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 8/12/2014 DISMISSING Case with prejudice. CASE CLOSED. (Donati, J)
August 7, 2014 Filing 60 STIPULATION and PROPOSED ORDER by Dismissal by Paul Herron, Jr.. (White, R.) Modified on 8/8/2014 (Marciel, M)
August 6, 2014 Opinion or Order Filing 59 PRO HAC VICE ORDER signed by Judge Lawrence K. Karlton on 8/6/2014 ORDERING #51 Attorney Kim E. Moore, to appear for defendant Smith & Nephew, Inc. (Reader, L)
August 4, 2014 Filing 58 DESIGNATION/DISCLOSURE of EXPERT WITNESS by Paul Herron, Jr.. (White, R.)
July 31, 2014 Filing 57 JOINT STATUS REPORT by Smith & Nephew, Inc.. (Georgantopoulos, Litsa)
July 23, 2014 Opinion or Order Filing 56 PRO HAC VICE ORDER signed by Judge Lawrence K. Karlton on 7/23/2014 re #55 Pro Hac Vice Application and Proposed Order. Added attorney James B. Irwin, PHV for Smith & Nephew, Inc. (Waggoner, D)
July 22, 2014 Filing 55 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Smith & Nephew, Inc. for attorney James B. Irwin to appear Pro Hac Vice. (Filing fee $ 200, receipt number 0972-5430676) (Georgantopoulos, Litsa)
July 15, 2014 Filing 54 AMENDED DESIGNATION/DISCLOSURE of EXPERT WITNESS by Paul Herron, Jr.. (White, R.) Modified on 7/16/2014 (Zignago, K.).
July 11, 2014 Filing 53 MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 7/11/2014: In light of plaintiff's response #52 filed on 7/10/2014, the order to show cause #48 is DISCHARGED. All other aspects of the court's 7/3/2014 order remain unchanged. (TEXT ONLY) (Caspar, M)
July 10, 2014 Filing 52 DECLARATION of R. Parker White in RESPONSE to ORDER to SHOW CAUSE by Paul Herron, Jr. (White, R.) Modified on 7/11/2014 (Mena-Sanchez, L).
July 10, 2014 Filing 51 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Smith & Nephew, Inc. for attorney Kim E. Moore to appear Pro Hac Vice. (Filing fee $ 200, receipt number 0972-5414331) (Georgantopoulos, Litsa)
July 10, 2014 Filing 50 DESIGNATION/DISCLOSURE of EXPERT WITNESS by Paul Herron, Jr.. (White, R.)
July 8, 2014 Filing 49 NOTICE of withdraw of Plaintiff's Non-Retained Expert Witness by Paul Herron, Jr. (White, R.) Modified on 7/9/2014 (Mena-Sanchez, L).
July 3, 2014 Opinion or Order Filing 48 ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 7/3/2014 GRANTING-IN-PART #42 Motion to Compel as outlined in this order. Plaintiff shall provide defendant with supplemental expert disclosures for Drs. Blumenfeld, Vasquez, Chang, and Ong no later than 7/15/2014. Plaintiff shall reimburse defendant for all costs charged by Drs. Chang and Vasquez related to their depositions. It is further ORDERED that plaintiff's counsel shall SHOW CAUSE in writing why he should be not be sanctioned $500 for failure to appear at the hearing on the motion to compel. (Donati, J)
July 3, 2014 Filing 47 MINUTES for MOTION HEARING proceedings held before Magistrate Judge Kendall J. Newman on 7/3/2014: No appearance by plaintiff's counsel. Court confered with defense counsel re defendant's motion to compel #42 . Matter submitted. Order to issue. Defendants Counsel David O'Quinn and John Shaw present. ECRO/CD Number: 1 of 1. (Text Only) (Caspar, M)
June 30, 2014 Filing 46 MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 6/30/2014: Defendant's request for national counsel to appear telephonically #44 is GRANTED. However, the court does not utilize the Courtcall service. Defendant's counsel shall forthwith contact the undersigned's courtroom deputy at (916) 930-4187 to make arrangements for the telephonic appearance. (TEXT ONLY) (Caspar, M)
June 30, 2014 Filing 45 PROPOSED ORDER granting #44 Application for Telephonic Appearance by Smith & Nephew, Inc.. (Georgantopoulos, Litsa) Modified on 6/30/2014 (Marciel, M)
June 30, 2014 Filing 44 APPLICATION for Telephonic Appearance by attorney David O'Quinn at #42 Motion to Compel Hearing filed by Smith & Nephew, Inc.. (Georgantopoulos, Litsa) Modified on 6/30/2014 (Marciel, M)
June 26, 2014 Filing 43 JOINT STATEMENT re Discovery Disagreement by Defendant Smith & Nephew, Inc. re #42 Motion to Compel proper Rule 26(a)(2)(C) Disclosures from plaintiff's experts or, alternatively, to Strike and Preclude their testimony. (Georgantopoulos, Litsa) Modified on 6/26/2014 (Reader, L).
June 12, 2014 Filing 42 MOTION to COMPEL proper Rule 26(a)(2)(C) Disclosures from plaintiff's experts or, alternatively, to STRIKE and PRECLUDE their testimony by Smith & Nephew, Inc.. Motion Hearing set for 7/3/2014 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: #1 Memorandum of Points and Authorities in support, #2 Declaration of Litsa Georgantopoulos, #3 Proposed Order) (Georgantopoulos, Litsa) Modified on 6/13/2014 (Marciel, M)
April 15, 2014 Opinion or Order Filing 41 ORDER signed by Judge Lawrence K. Karlton on 4/14/2014 GRANTING #40 Joint Motion to Continue Pre-Trial Deadlines. Discovery due by 8/15/2014. Motions due by 10/20/2014.Pretrial Conference set for 1/20/2015 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Jury Trial set for 4/21/2015 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Zignago, K.)
April 14, 2014 Filing 40 JOINT MOTION to CONTINUE Pre-Trial Deadlines by Smith & Nephew, Inc.. (Attachments: #1 Proposed Order)(Georgantopoulos, Litsa) Modified on 4/15/2014 (Zignago, K.).
April 10, 2014 Filing 39 ANSWER with Jury Demand by Smith & Nephew, Inc..(Georgantopoulos, Litsa)
April 8, 2014 Filing 38 TRANSCRIPT of Proceedings, Motion Hearing, held on March 17, 2014, before Judge Lawrence K. Karlton, filed by Court Reporter Diane Shepard, Phone number 916-554-7460 E-mail diane.shepard@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 5/1/2014. Redacted Transcript Deadline set for 5/9/2014. Release of Transcript Restriction set for 7/10/2014. (Shepard, D)
April 4, 2014 Filing 37 SUMMONS ISSUED as to *Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Permanente Medical Group* with answer to complaint due within *21* days. Attorney *R. Parker White* *Poswall White & Cutler* *1001 G Street, Suite 301* *Sacramento, CA 95814*. (Becknal, R)
April 4, 2014 Filing 36 SECOND AMENDED COMPLAINT against Smith & Nephew, Inc. by Paul Herron, Jr..(White, R.)
March 24, 2014 Opinion or Order Filing 35 ORDER signed by Judge Lawrence K. Karlton on 3/21/2014 GRANTING WITH LEAVE TO AMEND #29 Motion to Dismiss; ORDERING the plaintiff to file his Second Amended Complaint within fourteen calendar days. (Michel, G)
March 17, 2014 Filing 34 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 3/17/2014 re #29 MOTION to DISMISS filed by Smith & Nephew, Inc. After oral argument, the Court GRANTED the Motion to Dismiss with leave to amend. Court order to follow. Plaintiffs Counsel Kren Sarkissian present. Defendants Counsel David O'Quinn present. Court Reporter: D. Shepard. (Rivas, A)
March 14, 2014 Filing 33 DESIGNATION/DISCLOSURE OF EXPERT WITNESS by Smith & Nephew, Inc. (Georgantopoulos, Litsa) Modified on 3/17/2014 (Michel, G).
March 3, 2014 Filing 32 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 3/3/2014 re #29 MOTION to DISMISS filed by Smith & Nephew, Inc. Due to Mr. O'Quinn's unavailabity, the matter is CONTINUED TO 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Plaintiffs Counsel Karen Sarkissian present. Defendants Counsel John Shaw (local counsel) present. Court Reporter: D. Shepard. (Rivas, A)
February 14, 2014 Filing 31 REPLY by Smith & Nephew, Inc. re #29 MOTION to DISMISS. (Georgantopoulos, Litsa)
February 13, 2014 Filing 30 OPPOSITION by Paul Herron, Jr. to #29 MOTION to DISMISS. (White, R.)
February 3, 2014 Filing 29 MOTION to DISMISS by Smith & Nephew, Inc. Motion Hearing SET for 3/3/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Defendant Smith & Nephew, Inc.'s Motion to Dismiss, #2 Memorandum of Point and Authorities, #3 Declaration of Litsa Georgantopoulos, #4 Proposed Order)(Georgantopoulos, Litsa) Modified on 2/5/2014 (Mena-Sanchez, L).
January 28, 2014 Opinion or Order Filing 28 STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 1/28/2014 ORDERING #26 the joint motion to continue the trial date and all related deadlines, by 90 days is DENIED, no good cause having been shown. (Reader, L)
January 27, 2014 Filing 27 FIRST AMENDED COMPLAINT against Smith & Nephew, Inc. by Paul Herron, Jr..(White, R.)
January 24, 2014 Filing 26 STIPULATION and PROPOSED ORDER for Joint Motion to Continue the Trial Date and Related Deadlines by Smith & Nephew, Inc.. (Attachments: #1 Proposed Order Granting Joint Motion to Continue the Trial Date and Related Deadlines)(Georgantopoulos, Litsa)
January 16, 2014 Opinion or Order Filing 25 ORDER signed by Judge Lawrence K. Karlton on 1/15/2014 DISCHARGING #21 Order to Show Cause; ORDERING the plaintiff to file an amended complaint by 1/28/2014 at 4:30 PM; DENYING WITHOUT PREJUDICE to its renewal after the plaintiff has filed his amended complaint #19 Motion to Dismiss; VACATING the motion hearing currently set for 1/31/2014. (Michel, G)
January 15, 2014 Filing 24 REPLY by Smith & Nephew, Inc. re #19 MOTION to DISMISS. (Georgantopoulos, Litsa)
January 14, 2014 Filing 23 RESPONSE to ORDER to SHOW CAUSE by Paul Herron, Jr.. (White, R.)
January 14, 2014 Filing 22 OPPOSITION by Paul Herron, Jr. to #19 MOTION to DISMISS. (White, R.)
January 7, 2014 Opinion or Order Filing 21 ORDER to SHOW CAUSE signed by Judge Lawrence K. Karlton on 1/7/2014 ORDERING counsel for plaintiff shall SHOW CAUSE in writing by 1/9/2014 at 4:30 p.m. why he should not be sanctioned in accordance with Local Rule 110, including a fine of $150 and/or an order dismissing the lawsuit, for his failure to respond to the dismissal motion; Motion Hearing RESET for 1/31/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; plaintiff shall file an opposition or Statement of Non-Opposition to defendant's dismissal motion no later than 1/13/2014 at 4:30 p.m.; Defendant shall file its reply, if any, no later than 1/17/2014 at 4:30 p.m. (Waggoner, D)
December 13, 2013 Filing 20 PROPOSED ORDER re Defendant Smith & Nephew, Inc.'s Motion to Dismiss re #19 MOTION to DISMISS. (Georgantopoulos, Litsa)
December 13, 2013 Filing 19 MOTION to DISMISS by Smith & Nephew, Inc. Motion Hearing set for 1/13/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Notice of Motion, #2 Memorandum, #3 Declaration of Litsa Georgantopoulos)(Georgantopoulos, Litsa) Modified on 12/16/2013 (Meuleman, A).
December 12, 2013 Opinion or Order Filing 18 ORDER granting #16 Motion to continue the deadline signed by Judge Lawrence K. Karlton on 12/12/13: Designation of Expert Witnesses due by 3/14/2014. Deadline for motions to compel to be heard by May 15, 2014. Discovery due by 6/16/2014. Law and motions completed by July 14, 2014. (Kaminski, H)
December 5, 2013 Opinion or Order Filing 17 PRO HAC VICE ORDER signed by Judge Lawrence K. Karlton on 12/4/2013 ORDERING attorney David O'Quinn, PHV added for Smith & Nephew, Inc.. (Attachments: #1 Certificate of Good Standing) (Zignago, K.)
December 4, 2013 Filing 16 JOINT MOTION to Continue the Deadline for Parties to Exchange Expert Lists and Expert Disclosures and Discovery by Smith & Nephew, Inc.. (Shaw, John) Modified on 12/5/2013 (Kaminski, H).
November 27, 2013 RECEIPT number CAE200056750 for $200.00 for Pro Hac Viche Application for David O'Quinn #15 from Sacramento Legal Support Inc. (Mena-Sanchez, L)
November 26, 2013 Filing 15 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Smith & Nephew, Inc. for attorney David O'Quinn to appear Pro Hac Vice. (Shaw, John)
April 16, 2013 Opinion or Order Filing 14 STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Lawrence K. Karlton on 4/15/2013 ORDERING that all law and motion except as to discovery is left open, save and except that it shall be conducted so as to be completed by 5/15/2014. All discovery is left open, save and except that it shall be so conducted as to be completed by 3/15/2014. The Final Pretrial Conference is SET for 8/11/2014, at 1:30 p.m. and Jury Trial is SET for 11/18/2014 at 10:30 a.m. in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Zignago, K.)
April 15, 2013 Filing 13 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: SCHEDULING CONFERENCE held on 4/15/2013. Discovery deadline set for 3/15/2014. Law & Motion deadline set for 5/15/2014. Final Pretrial Conference set for 8/11/2014 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Jury Trial set for 11/18/2014 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Court order to follow. Plaintiffs Counsel Parker White present. Defendants Counsel John Shaw present. (Rivas, A)
March 11, 2013 Filing 12 WITHDRAWAL of #5 MOTION to STAY by Smith & Nephew, Inc.. (Georgantopoulos, Litsa)
March 7, 2013 Opinion or Order Filing 11 MINUTE ORDER (TEXT ONLY) by CRD A. Rivas re #3 . The Initial Scheduling Conference set for 03/11/2013 is CONTINUED TO 4/15/2013 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Ordered by Judge Lawrence K. Karlton on March 7, 2013. (Rivas, A)
February 27, 2013 Filing 10 NOTICE of VOLUNTARY DISMISSAL by Paul Herron, Jr.. (White, R.)
February 25, 2013 Filing 9 SCHEDULING REPORT by Smith & Nephew, Inc.. (Georgantopoulos, Litsa)
February 25, 2013 Filing 8 STATUS REPORT by Paul Herron, Jr.. (White, R.)
February 25, 2013 Filing 7 DEMAND for TRIAL by JURY by Paul Herron, Jr.. (White, R.)
February 25, 2013 Filing 6 NOTICE to RESCHEDULE HEARING on #5 MOTION to STAY : Motion Hearing set for 3/25/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Georgantopoulos, Litsa)
February 22, 2013 Filing 5 [WITHDRAWN] MOTION to STAY by Smith & Nephew, Inc.. Attorney Georgantopoulos, Litsa added. Motion Hearing set for 3/28/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Proposed Order)(Georgantopoulos, Litsa) Modified on 3/12/2013 (Manzer, C).
December 21, 2012 Filing 4 CERTIFICATE of SERVICE by Smith & Nephew, Inc. re #3 Civil New Case Documents for LKK. (Shaw, John)
December 20, 2012 Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference SET for 3/11/2013 at 02:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Consent Form, #2 VDRP Form) (Michel, G)
December 20, 2012 RECEIPT number #CAE200049340 $350.00 fbo Smith & Nephew, Inc. by Alex Martinez on 12/20/2012. (Michel, G)
December 19, 2012 Filing 1 NOTICE of REMOVAL from Superior Court of California, County of Amador, case no.: 34-2012-00126357 by Smith & Nephew, Inc. (Attachments: #1 Civil Cover Sheet, #2 Corporate Disclosure Statement) (Shaw, John) Modified on 12/20/2012 (Michel, G).

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Herron, Jr. v. Kaiser Foundation Hospitals, et al.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Smith & Nephew, Inc.
Represented By: James B. Irwin, PHV
Represented By: David O'Quinn, PHV
Represented By: Kim E. Moore, PHV
Represented By: John W. Shaw
Represented By: Litsa Georgantopoulos
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Kaiser Foundation Hospitals
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Permanente Medical Group
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Kaiser Foundation Health Plan, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Paul Herron, Jr.
Represented By: R. Parker White
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?