St. Clair County, Illinois v. McKinsey & Company, Inc. et al
| St. Clair County, Illinois |
| Naheed T. Bashir, M.D., McKinsey & Company Inc and McKinsey & Company Inc. |
| 3:2021cv04642 |
| June 16, 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 |
| Plaintiff |
Docket Report
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| Filing 65 Case transferred in from District of Illinois Southern; Case Number 3:21-cv-00251. Original file certified copy of transfer order and docket sheet received. |
| MEMBER CASE OPENED: Southern District of Illinois, 3:21-cv-00251-SMY, St. Clair County, Illinois v. McKinsey & Company, Inc. et al, Opened in California Northern District as 3:21-cv-4642-CRB pursuant to Conditional Transfer Order #63 CTO-2996 cc: JPMDL (slhS, COURT STAFF) (Filed on 6/16/2021) |
| Filing 64 Docket Annotation - Case transferred to the Northern District of California. (kdw) |
| Filing 63 CONDITIONAL TRANSFER ORDER (CTO-2996) TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to Northern District of California. In Re: McKinsey & Company, Inc., National Prescription Opiate Consultant Litigation.(kdw). |
| Filing 62 Preliminary Conditional Transfer ORDER (CTO-2996) as assigned by Judicial Panel on Multidistrict Litigation (kdw) |
| Filing 61 NOTICE of Appearance by Kurt E. Reitz on behalf of McKinsey & Company, Inc. (Reitz, Kurt) |
Filing 60
ORDER: For lack of good cause shown, Defendant McKinsey's "Motion for Leave to Amend Notice of Removal" (Doc. #57 ) 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. #58 ) 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 59 NOTICE REGARDING FILING re #57 Motion for Leave to File filed by McKinsey & Company, Inc.. Proposed document attached as exhibit. Proposed documents are not to be filed, but rather submitted via e-mail to the Court (see CM/ECF Users Manual at pgs. 2.6-2.7). Proposed document needs to be e-mailed to the proper judge. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 58 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 57 MOTION for Leave to File Amended Notice of Removal by McKinsey & Company, Inc.. (Attachments: #1 Exhibit A)(Brodzik, James) |
| Filing 56 NOTICE OF MODIFICATION re #54 Response filed by Naheed T. Bashir, M.D. Document is incorrectly linked to the Order at Doc 53. The Response is filed as directed by the Order at Document #48 . Docket text has been modified to link to the Order at Document #48 . No further action is required by the filer in relation to this notification. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 55 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 54 RESPONSE to #48 Order,, filed by Naheed T. Bashir, M.D.. (Bashir, Talat) Modified on 4/27/2021 (kek). |
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Filing 53
ORDER: Defendant Bashir filed an Amended Motion to Dismiss which was inadvertently construed as a Motion to Amend/Correct (Doc. #43 ) and granted by the Court at Doc. 52. Accordingly, the Order at Doc. 52 is hereby VACATED. The Clerk's Office is DIRECTED to modify Defendant's Motion at Doc. #43 to reflect that it is an Amended Motion to Dismiss. The Motion for Extension of Time filed by McKinsey & Company, Inc. (Doc. #22 ) is GRANTED. 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 52
VACATED PER ORDER AT DOC. 53 - ORDER GRANTING Motion to Amend/Correct (Doc. #43 ) filed by Naheed T. Bashir, M.D., and Motion for Extension of Time to File Answer (Doc. #22 ) filed by McKinsey & Company, Inc. 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. Modified on 4/26/2021 (mar).
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Filing 51
ORDER GRANTING Motion for Leave to File (Doc. #49 ). 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 50 RESPONSE in Opposition re #19 MOTION to Dismiss filed by St. Clair County, Illinois. (Callis, Ann) |
| Filing 49 MOTION for Leave to File Response out of Time by St. Clair County, Illinois. (Attachments: #1 Exhibit A)(Callis, Ann) |
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Filing 48
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 47 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. #20 ). (Court Reporter Chris LaBuwi.) (slh) |
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Filing 46
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. #20 ) 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 45 NOTICE REGARDING FILING re #42 Exhibit filed by McKinsey & Company, Inc., #40 Response in Opposition to Motion, filed by McKinsey & Company, Inc., #41 Memorandum in Support of Motion filed by McKinsey & Company, Inc.. Login used and signature do not match. This Notice is sent for future reference. No further action required as to this notification.(trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 44 MEMORANDUM in Support re #43 MOTION to Amend/Correct filed by Naheed T. Bashir, M.D.. (Bashir, Talat) |
| Filing 43 Amended MOTION to Dismiss by Naheed T. Bashir, M.D.. (Bashir, Talat) Modified on 4/26/2021 (mar). |
| Filing 42 EXHIBIT by McKinsey & Company, Inc.. Exhibit to #40 Response in Opposition to Motion, Declaration in Support. (Brodzik, James) |
| Filing 41 MEMORANDUM in Support re #20 MOTION to Remand to State Court filed by McKinsey & Company, Inc.. (Brodzik, James) |
| Filing 40 RESPONSE in Opposition re #20 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 39 NOTICE of Appearance by David I. Cates on behalf of St. Clair County, Illinois (Cates, David) |
| Filing 38 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #37 Notice of Appearance filed by St. Clair County, Illinois. Document stricken at request of the filer. Corrected document to be filed. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 37 STRICKEN - NOTICE of Appearance by David I. Cates on behalf of St. Clair County, Illinois (Cates, David) Modified on 4/14/2021 (kek). |
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Filing 36
ORDER: Defendant's motion for leave and for an extension (Doc. #35 ) 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 35 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) |
| Filing 34 NOTICE OF MODIFICATION re #29 Motion to Transfer Case filed by Naheed T. Bashir, M.D.. Incorrect event used. Document text modified to show this document is a response not a motion. No further action is required by the filer in relation to this notification. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 33
ORDER MOOTING Motion for Leave to File (Doc. #30 ). 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 to Strike (Doc. #28 ) is DENIED. Upon review of Motion to Remand (Doc. #20 and Memorandum in Support (Doc. #21 ), 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 31
ORDER: Defendant McKinsey & Company, Inc.s Motion for Stay of Proceedings Pending Resolution of 1407 Motion to Transfer (Doc. #17 ) 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. #20 ) 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 30 MOTION for Leave to File Reply in Support of McKinsey's Motion for Stay of Proceedings by McKinsey & Company, Inc.. (Brodzik, James) |
| Filing 29 Response to #16 Motion to Transfer by Naheed T. Bashir, M.D.. (Bashir, Talat) Modified on 3/30/2021 (trb). |
| Filing 28 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 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 Staci M. Yandle for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 21-251-SMY. (trb)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. (Brodzik, James) |
| Filing 25 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Evola, Robert) |
| 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 RESPONSE in Opposition re #17 MOTION to Stay of Proceedings Pending Resolution of 1407 Motion to Transfer filed by St. Clair County, Illinois. (Callis, Ann) |
| Filing 22 Consent MOTION for Extension of Time to File Answer by McKinsey & Company, Inc.. (Brodzik, James) |
| Filing 21 MEMORANDUM in Support re #20 MOTION to Remand to State Court filed by St. Clair County, Illinois. (Attachments: #1 Exhibit)(Callis, Ann) |
| Filing 20 MOTION to Remand to State Court by St. Clair County, Illinois. Responses due by 4/22/2021 (Callis, Ann) |
| Filing 19 MOTION to Dismiss by Naheed T. Bashir, M.D.. Responses due by 4/22/2021 (ack) |
| Filing 18 NOTICE of Appearance by Talat Mahammad Bashir on behalf of Naheed T. Bashir, M.D. (ack) |
| Filing 17 MOTION to Stay of Proceedings Pending Resolution of 1407 Motion to Transfer by McKinsey & Company, Inc.. (Brodzik, James) |
| Filing 16 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)(Brodzik, James) |
| Filing 15 NOTICE of Appearance by Robert J. Evola on behalf of St. Clair County, Illinois (Evola, Robert) |
| Filing 14 NOTICE of Appearance by R. Seth Crompton on behalf of St. Clair County, Illinois (Crompton, R.) |
| Filing 13 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #10 Notice of Appearance filed by St. Clair County, Illinois, #11 Notice of Appearance filed by St. Clair County, Illinois. Documents indicate the incorrect attorney in the body of the Notice of Appearance. Documents to be r-filed. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 12 NOTICE of Appearance by Stephen Julian Newman on behalf of McKinsey & Company, Inc. (Newman, Stephen) |
| Filing 11 ENTRY STRICKEN: NOTICE of Appearance by R. Seth Crompton on behalf of St. Clair County, Illinois (Crompton, R.) Modified on 3/8/2021 (trb). |
| Filing 10 ENTRY STRICKEN: NOTICE of Appearance by Robert J. Evola on behalf of St. Clair County, Illinois (Evola, Robert) Modified on 3/8/2021 (trb). |
| Filing 9 NOTICE of Appearance by Ann E. Callis on behalf of St. Clair County, Illinois (Callis, Ann) |
| Filing 8 NOTICE OF ACTION See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Callis does not have a Notice of Appearance on file in this case. (trb)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: All Parties. 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 21-251-RJD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 3/25/2021 (trb) |
| 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 St. Clair County, case number 2021-L-90, 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 St. Clair County, case number 2021-L-90 ( Filing fee $ 402 receipt number 0754-4418973), filed by McKinsey & Company, Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A)(Brodzik, James) |
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