Madison County, Illinois v. McKinsey & Company, Inc. et al
| Madison County, Illinois |
| Naheed T. Bashir, M.D. and McKinsey & Company Inc |
| 3:2021cv04387 |
| June 8, 2021 |
| US District Court for the Northern District of California |
| Charles R Breyer |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on June 9, 2021. A more recent docket listing may be available from PACER.
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| MEMBER CASE OPENED MDL 2996: Southern District of Illinois, 3:21-cv-00254-SMY, Madison County, Illinois v. McKinsey & Company, Inc., et al, Opened in California Northern District as 3:21-cv-4387 CRB pursuant to Conditional Transfer Order cc: JPMDL. (gbaS, COURT STAFF) (Filed on 6/9/2021) |
| Filing 67 Case transferred in from District of Illinois Southern; Case Number 3:21-cv-00254. Original file certified copy of transfer order and docket sheet received. |
| Filing 66 CONDITIONAL TRANSFER ORDER (CTO-2996) TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to Northern District of California. (trb) |
| Filing 65 Preliminary Conditional Transfer ORDER (CTO-2996) as assigned by Judicial Panel on Multidistrict Litigation. (trb) |
| Filing 64 NOTICE of Appearance by Kurt E. Reitz on behalf of McKinsey & Company, Inc. (Reitz, Kurt) |
Filing 63
ORDER: For lack of good cause shown, Defendant McKinsey's "Motion for Leave to Amend Notice of Removal" (Doc. #61 ) is DENIED. Further, Defendant McKinsey's "Motion for Leave to File a Supplemental Brief in Opposition to Plaintiff's Motion to Remand, to Conduct Limited Jurisdictional Discovery, and for an Evidentiary Hearing to Determine Physician Defendant's Domicile" (Doc. #62 ) is DENIED as the requested relief is not necessary for this Court's determination of the pending Motion for Remand. Signed by Judge Staci M. Yandle on 4/29/2021. (smo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 62 MOTION for Leave to File a Supplemental Brief in Opposition to Plaintiff's Motion to Remand, to Conduct Limited Jurisdictional Discovery, and for an Evidentiary Hearing to Determine Physician Defendant's Domicile by McKinsey & Company, Inc.. (Brodzik, James) |
| Filing 61 MOTION for Leave to File Amended Notice of Removal by McKinsey & Company, Inc.. (Attachments: #1 Exhibit A)(Brodzik, James) |
| Filing 60 Transcript of Motion to Remand to State Court held on 04/19/2021, before Judge Staci M. Yandle. Court Reporter Christine D. LaBuwi, Telephone number (618) 439-7725. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at #http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/17/2021. Redacted Transcript Deadline set for 5/27/2021. Release of Transcript Restriction set for 7/26/2021. (cad) |
| Filing 59 RESPONSE to 58 Order, filed by Naheed T. Bashir, M.D.. (Bashir, Talat) |
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Filing 58
ORDER: Defendant Bashir filed an Amended Motion to Dismiss which was inadvertently construed as a Motion to Amend/Correct (Doc. #41 ) and granted by the Court at Doc. 57. Accordingly, the Order at Doc. 57 is hereby VACATED. The Clerk's Office is DIRECTED to modify Defendant's Motion at Doc. #41 to reflect that it is an Amended Motion to Dismiss. Signed by Judge Staci M. Yandle on 4/26/2021. (smo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 57
STRICKEN ORDER GRANTING Motion to Amend/Correct (Doc. #41 ). Signed by Judge Staci M. Yandle on 4/23/2021. (smo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 56
ORDER GRANTING Motion for Leave to File (Doc. #54 ). Signed by Judge Staci M. Yandle on 4/22/2021. (smo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 55 RESPONSE in Opposition re #18 MOTION to Dismiss filed by Madison County, Illinois. (Callis, Ann) |
| Filing 54 MOTION for Leave to File Response out of Time by Madison County, Illinois. (Attachments: #1 Exhibit A)(Callis, Ann) |
| Filing 53 EXHIBIT by McKinsey & Company, Inc.. Exhibit to #52 Response in Opposition to Motion, Declaration in Support. (Brodzik, James) |
| Filing 52 RESPONSE in Opposition re #19 MOTION to Remand to State Court filed by McKinsey & Company, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Brodzik, James) |
| Filing 51 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #49 Response in Opposition to Motion, filed by McKinsey & Company, Inc.. Login and password do not match. Filer will re-file documents. Document was signed by Stephen Newman and filed by James Brodzik. Filer is instructed to refile the document. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 50 EXHIBIT by McKinsey & Company, Inc.. Exhibit to #49 Response in Opposition to Motion, Declaration in Support. (Brodzik, James) |
| Filing 49 STRICKEN RESPONSE in Opposition re #19 MOTION to Remand to State Court filed by McKinsey & Company, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Brodzik, James) |
| Filing 48 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #38 Response in Opposition to Motion, filed by McKinsey & Company, Inc. Document stricken at request of the filer. A corrected Response will be filed. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 47 MEMORANDUM in Support re #41 MOTION to Amend/Correct filed by Naheed T. Bashir, M.D.. (Bashir, Talat) |
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Filing 46
ORDER: Defendant Bashir is ORDERED to respond by April 26, 2021. Signed by Judge Staci M. Yandle on 4/19/2021. (smo) Modified on 4/20/2021 (mah).
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| Filing 45 Minute Entry for proceedings held before Judge Staci M. Yandle: Motion Hearing held on 4/19/2021 via video conference re Plaintiff's Motion to Remand to State Court (Doc. #19 ). (Court Reporter Chris LaBuwi.) (slh) |
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Filing 44
ORDER FOR TRANSCRIPT: It is hereby ORDERED that the preparation of the transcript of the hearing on the Motion to Remand to State Court (Doc. #19 ) held on April 19, 2021 be prepared by the Court Reporter and filed with the Clerk of the Court, at the expense of the United States within 7 days. Signed by Judge Staci M. Yandle on 4/19/2021. (smo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 43 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #42 Memorandum in Support of Motion filed by Naheed T. Bashir, M.D. Document attached is a duplicate of Motion to Amend filed in Doc. 41. Filer is direct to refile Memorandum in Support and attach the correct document. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 42 STRICKEN MEMORANDUM in Support re #41 MOTION to Amend/Correct filed by Naheed T. Bashir, M.D.. (Bashir, Talat) |
| Filing 41 Amended MOTION to Dismiss by Naheed T. Bashir, M.D.. (Bashir, Talat) Modified on 4/26/2021 (amv). |
| Filing 40 EXHIBIT by McKinsey & Company, Inc.. Exhibit to #38 Response in Opposition to Motion, Declaration in Support. (Brodzik, James) |
| Filing 39 MEMORANDUM in Support re #19 MOTION to Remand to State Court filed by McKinsey & Company, Inc.. (Brodzik, James) |
| Filing 38 STRICKEN - RESPONSE in Opposition re #19 MOTION to Remand to State Court filed by McKinsey & Company, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Brodzik, James) Modified on 4/20/2021 (kek). |
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Filing 37
ORDER: Defendant's motion for leave and for an extension (Doc. #36 ) is GRANTED IN PART and DENIED IN PART. Defendant may file a response not exceeding 35 pages no later than the close of court on April 16, 2021. Plaintiff may, but is not required to, file a Reply not exceeding 5 pages no later than April 19, 2021 at 10:00 a.m. The hearing on the motion to remand remains scheduled for April 19, 2021 at 1:30 p.m. Signed by Judge Staci M. Yandle on 4/2/2021. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 36 MOTION for Leave to File to File Response to Motion to Remand in Excess of the 20-Page Limit and for Additional Time by McKinsey & Company, Inc.. (Brodzik, James) |
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Filing 35
ORDER GRANTING Motion for Extension of Time to Answer (Doc. #21 ). Answers due within 30 days of a ruling on the Motion to Remand. Signed by Judge Staci M. Yandle on 3/30/2021. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 34
ORDER MOOTING MOTION for Leave to File Reply in Support of McKinsey's Motion for Stay of Proceedings (Doc. #31 0 filed by McKinsey & Company, Inc. Signed by Judge Staci M. Yandle on 3/30/2021. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 33
ORDER: Defendant McKinsey & Company, Inc.'s Motion to Strike (Doc. #29 ) is DENIED. Upon review of Motion to Remand (Doc. #19 and Memorandum in Support (Doc. #20 ), the length of Plaintiff's brief is necessary given the issues raised by the Notice of Removal. However, Plaintiff is reminded that compliance with ILSD Local Rules and the undersigned's Case Management Procedures is required and will be enforced. Signed by Judge Staci M. Yandle on 3/30/2021. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 32
ORDER: Defendant McKinsey & Company, Inc.s Motion for Stay of Proceedings Pending Resolution of 1407 Motion to Transfer (Doc. #16 ) is DENIED. The Court has an obligation to determine whether subject matter jurisdiction exists in every case even absent a jurisdictional challenge by the litigants. See Foster v. Hill, 497 F.3d 695, 696-97 (7th Cir. 2007); Craig v. Ontario Corp., 543 F.3d 872, 875 (7th Cir. 2008). Therefore, this matter will not be stayed while the issue of the Courts subject matter jurisdiction has been raised and is pending determination. Accordingly, Defendant shall respond to Plaintiffs Motion to Remand (Doc. #19 ) no later than the close of court on April 12, 2021. Plaintiff may, but is not required to, file a Reply not exceeding 5 pages by the close of court on April 16, 2021. The Motion to Remand is SET for a video-conference hearing on April 19, 2021 at 1:30 p.m. Information regarding the video conference will be sent by email to all parties. Full access to this hearing is available remotely. Instructions to join the hearing are as follows: Call toll free 877-873-8017, when prompted enter Access Code 4354777. In light of the public health crisis due to the COVID-19 virus, the Court finds that full access to the press and public cannot be afforded for this hearing. Other alternatives were considered, but at this time the Court only has the technological capability to allow access by teleconference. Signed by Judge Staci M. Yandle on 3/30/2021. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 31 MOTION for Leave to File Reply in Support of McKinsey's Motion for Stay of Proceedings by McKinsey & Company, Inc.. (Brodzik, James) |
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Filing 30
ORDER REASSIGNING CASE. Case reassigned to Judge Staci M. Yandle for all further proceedings. Judge J. Phil Gilbert no longer assigned to case. Signed by Judge J. Phil Gilbert on 3/29/2021. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 29 MOTION to Strike Plaintiff's Motion to Remand to State Court and Memorandum in Support of Plaintiff's Motion to Remand to State Court by McKinsey & Company, Inc.. (Brodzik, James) |
| Filing 28 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Brodzik, James) |
| Filing 27 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge J. Phil Gilbert for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 21-254-JPG. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 26 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Evola, Robert) |
| Filing 25 NOTICE OF MODIFICATION re #23 Motion to Transfer Case filed by Naheed T. Bashir, M.D. Document text modified to read STATEMENT OF NON-OPPOSITION TO MCKINSEY & COMPANY, INC.'S MOTION #16 to Stay Proceedings Pending Resolution of 1407 Motion to Transfer by Naheed T. Bashir, M.D. Document was originally filed as a motion and motion (Doc. 23) will be terminated. No further action is required by the filer in relation to this notification. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 24 NOTICE FROM CLERK Instructing Naheed T. Bashir, M.D. to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Naheed T. Bashir, M.D. on 3/25/21. Consent due by 4/15/2021 (ack) |
| Filing 23 STATEMENT OF NON-OPPOSITION TO MCKINSEY & COMPANY, INC.'S MOTION #16 to Stay Proceedings Pending Resolution of 1407 Motion to Transfer by Naheed T. Bashir, M.D.. (Attachments: #1 Appendix)(Bashir, Talat) |
| Filing 22 RESPONSE in Opposition re #16 MOTION to Stay Proceedings Pending Resolution of 1407 Motion to Transfer filed by Madison County, Illinois. (Callis, Ann) |
| Filing 21 Consent MOTION for Extension of Time to File Answer by McKinsey & Company, Inc.. (Brodzik, James) |
| Filing 20 MEMORANDUM in Support re #19 MOTION to Remand to State Court filed by Madison County, Illinois. (Attachments: #1 Exhibit 1)(Callis, Ann) |
| Filing 19 MOTION to Remand to State Court by Madison County, Illinois. Responses due by 4/22/2021 (Attachments: #1 Exhibit 1)(Callis, Ann) |
| Filing 18 MOTION to Dismiss by Naheed T. Bashir, M.D.. Responses due by 4/22/2021 (ack) |
| Filing 17 NOTICE of Appearance by Talat Mahammad Bashir on behalf of Naheed T. Bashir, M.D. (ack) |
| Filing 16 MOTION to Stay Proceedings Pending Resolution of 1407 Motion to Transfer by McKinsey & Company, Inc.. (Brodzik, James) |
| Filing 15 NOTICE by McKinsey & Company, Inc. OF FILING WITH THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION OF MOTION TO TRANSFER FOR COORDINATED OR CONSOLIDATED PRETRIAL PROCEEDINGS PURSUANT TO 28 U.S.C. 1407 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Ryan, Daniel) |
| Filing 14 NOTICE of Appearance by Robert J. Evola on behalf of Madison County, Illinois (Evola, Robert) |
| Filing 13 NOTICE of Appearance by R. Seth Crompton on behalf of Madison County, Illinois (Crompton, R.) |
| Filing 12 NOTICE of Appearance by Stephen Julian Newman on behalf of McKinsey & Company, Inc. (Newman, Stephen) |
| Filing 11 NOTICE of Appearance by R. Seth Crompton on behalf of Madison County, Illinois (Crompton, R.) |
| Filing 10 NOTICE of Appearance by Robert J. Evola on behalf of Madison County, Illinois (Evola, Robert) |
| Filing 9 NOTICE of Appearance by Ann E. Callis on behalf of Madison County, Illinois (Callis, Ann) |
| Filing 8 NOTICE OF MODIFICATION re #7 Notice of Initial Magistrate Assignment, filed by McKinsey & Company, Inc. Naheed T. Bashir, M.D., Madison County, Illinois. Notice modified to remove Defendant Naheed T. Bashir, M.D. as he has not been served. Consent will be requested once an entry of appearance is filed. No further action is required by the filer in relation to this notification. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 7 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Madison County, Illinois, McKinsey & Company, Inc.. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 21-254-RJD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 3/25/2021 (amv) |
| Filing 6 NOTICE of Appearance by Daniel K. Ryan on behalf of McKinsey & Company, Inc. (Ryan, Daniel) |
| Filing 5 NOTICE of Appearance by Mark D. Bauman on behalf of McKinsey & Company, Inc. (Bauman, Mark) |
| Filing 4 Corporate Disclosure Statement by McKinsey & Company, Inc.. (Brodzik, James) |
| Filing 3 NOTICE OF REMOVAL to the Plaintiff from Madison County, case number 2021-L-139, filed by McKinsey & Company, Inc..(Brodzik, James) |
| Filing 2 NOTICE of Appearance by James M. Brodzik on behalf of McKinsey & Company, Inc. (Brodzik, James) |
| Filing 1 NOTICE OF REMOVAL from Madison County, case number 2021-L-139 ( Filing fee $ 402 receipt number 0754-4419194), filed by McKinsey & Company, Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A)(Brodzik, James) |
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