Newsome et al v. Philips North America, LLC et al
| Estate of Johnny Lee Newsome, Jr., Debra L. Newsome, Devon Newsome, Tylar Newsome and Brandon Newsome |
| Philips North America, LLC, Koninklijke Philips N.V., Philips RS North America LLC, Respironics, Inc., Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group Inc. and Kaiser Foundation Health Plan, Inc. a California corporation doing business as Kaiser Permanente |
| 4:2022cv04101 |
| July 13, 2022 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Haywood S Gilliam |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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| Case transferred from Northern District of California has been opened in Western District of Pennsylvania as case 2:22-cv-01412, filed 10/07/2022. (kkp, COURT STAFF) (Filed on 10/7/2022) |
| Filing 27 MDL ORDER TRANSFERRING CASE to the Western District of Pennsylvania signed by MDL Panel. (kkp, COURT STAFF) (Filed on 10/6/2022) |
| Filing 26 REPLY (re #8 MOTION to Stay) filed by Philips North America, LLC. (Lane, Molly) (Filed on 8/10/2022) Modified on 8/11/2022 (kkp, COURT STAFF). |
Filing 25
ORDER by Judge Haywood S. Gilliam, Jr. Denying #24 Ex Parte Application.(ndr, COURT STAFF) (Filed on 8/9/2022)
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| Filing 24 Ex Parte Application re #16 MOTION to Remand and Memorandum of Points and Authorities filed by Brandon Newsome, Debra L. Newsome, Devon Newsome, Estate of Johnny Lee Newsome, Jr, Tylar Newsome. (Attachments: #1 Declaration of Paul C. Cook in Support of Plaintiffs Ex Parte Application to Advance Hearing Date on Plaintiffs Motion for Remand, #2 [Proposed] Order Granting Plaintiffs Ex Parte Application to Advance Hearing Date on Plaintiffs Motion for Remand) (Cook, Paul) (Filed on 8/9/2022) Modified on 8/9/2022 (kkp, COURT STAFF). |
| Filing 23 OPPOSITION/RESPONSE (re #16 MOTION to Remand and Memorandum of Points and Authorities) filed by Philips North America, LLC. (Attachments: #1 Proposed Order Denying Motion for Remand)(Lane, Molly) (Filed on 8/8/2022) Modified on 8/9/2022 (kkp, COURT STAFF). |
| #Electronic filing error. *** REMINDER TO COUNSEL*** Judge name or initials are incorrect. All future filings shall bear the initials HSG immediately after the case n umber instead of LB. Counsel need not re-file the document, but should reference the correct judge name/initials on future filings. Re: #22 Opposition/Response to Motion, filed by Brandon Newsome, Devon Newsome, Tylar Newsome, Debra L. Newsome, Estate of Johnny Lee Newsome, Jr. (kkp, COURT STAFF) (Filed on 8/3/2022) |
| Filing 22 Plaintiffs' OPPOSITION/RESPONSE (re #8 MOTION to Stay) pending Transfer to MDL NO. 3014; Memorandum of Points and Authorities filed by Brandon Newsome, Debra L. Newsome, Devon Newsome, Estate of Johnny Lee Newsome, Jr, Tylar Newsome. (Cook, Paul) (Filed on 8/3/2022) Modified on 8/4/2022 (kkp, COURT STAFF). |
| Filing 21 CERTIFICATE OF SERVICE by Brandon Newsome, Debra L. Newsome, Devon Newsome, Estate of Johnny Lee Newsome, Jr, Tylar Newsome re #16 MOTION to Remand and Memorandum of Points and Authorities (Seitz, Andrew) (Filed on 7/27/2022) |
| Filing 20 CERTIFICATE OF SERVICE by Philips North America, LLC of Standing Order (Attachments: #1 Standing Order)(Lane, Molly) (Filed on 7/26/2022) |
| Filing 19 Renotice motion hearing (re #8 MOTION to Stay) filed by Philips North America, LLC. (Related document(s) #8 ) (Lane, Molly) (Filed on 7/26/2022) Modified on 7/27/2022 (kkp, COURT STAFF). |
| Reset Hearing as to #8 MOTION to Stay, See Docket No. #19 : Motion Hearing set for 10/13/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 7/26/2022) |
| Reset Hearing as to #16 MOTION to Remand, See Docket No. #18 : Motion Hearing set for 11/10/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 7/25/2022) |
| Filing 18 Amended Notice of #16 Plaintiffs' Motion to Remand by Brandon Newsome, Debra L. Newsome, Devon Newsome, Estate of Johnny Lee Newsome, Jr, Tylar Newsome. (Seitz, Andrew) (Filed on 7/25/2022) Modified on 7/26/2022 (kkp, COURT STAFF). |
| Filing 17 CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re-file the #16 motion to remand. Hearing date of September 8, 2022, is vacated. The briefing schedule remains in effect. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. September 8th was not the Court's next available hearing date when this motion was e-filed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 7/25/2022) |
| Filing 16 MOTION to Remand and Memorandum of Points and Authorities filed by Brandon Newsome, Debra L. Newsome, Devon Newsome, Estate of Johnny Lee Newsome, Jr, Tylar Newsome. Motion Hearing set for 9/8/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 8/8/2022. Replies due by 8/15/2022. (Attachments: #1 Declaration Declaration of Paul C. Cook in Support of Plaintiffs' Motion to Remand)(Seitz, Andrew) (Filed on 7/25/2022) |
| Filing 15 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for October 18, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by October 11th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:22-cv-04101-HSG. The October 18th proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 7/22/2022) |
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Filing 14
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case,. Signed by Clerk on 7/22/2022. (ark, COURT STAFF) (Filed on 7/22/2022)
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| Filing 13 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejk, COURT STAFF) (Filed on 7/22/2022) |
| Filing 12 NOTICE of Appearance by Paul C. Cook for Plaintiffs Estate of Johnny L. Newsome, Jr., et al. (Cook, Paul) (Filed on 7/21/2022) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Brandon Newsome, Debra L. Newsome, Devon Newsome, Estate of Johnny Lee Newsome, Jr, Tylar Newsome.. (Cook, Paul) (Filed on 7/21/2022) |
| Filing 10 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 7/27/2022. (ejk, COURT STAFF) (Filed on 7/20/2022) |
| Filing 9 CLERKS NOTICE RESETTING MOTION HEARING. Motion Hearing #8 MOTION to Stay set for 8/25/2022 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Responses due by 8/3/2022. Replies due by 8/10/2022. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.ca nd.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 7/20/2022) |
| Filing 8 MOTION to Stay filed by Philips North America, LLC. Motion Hearing set for 8/31/2022 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 8/3/2022. Replies due by 8/10/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Lane, Molly) (Filed on 7/20/2022) |
| Filing 7 Certificate of Interested Entities by Philips North America, LLC identifying Corporate Parent Philips Holding USA, Inc., Corporate Parent Koninklijke Philips N.V. for Philips North America, LLC. (Steinberg, Michael) (Filed on 7/19/2022) |
| Filing 6 NOTICE of Appearance by Michael Howard Steinberg (Steinberg, Michael) (Filed on 7/19/2022) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/6/2022. Initial Case Management Conference set for 10/13/2022 11:00 AM in San Francisco, Courtroom B, 15th Floor. (kkp, COURT STAFF) (Filed on 7/14/2022) |
| Filing 4 Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/27/2022. (jrs, COURT STAFF) (Filed on 7/13/2022) |
| Filing 3 NOTICE of Appearance by Molly Moriarty Lane (Lane, Molly) (Filed on 7/13/2022) |
| Filing 2 Corporate Disclosure Statement by Philips RS North America LLC, Respironics, Inc. identifying Corporate Parent Philips RS North America Holding Corporation, Corporate Parent Koninklijke Philips Naamloze Venootschap, Corporate Parent Philips Holding USA Inc. for Philips RS North America LLC; Corporate Parent Philips RS North America LLC, Corporate Parent Koninklijke Philips Naamloze Venootschap for Respironics, Inc.. re #1 Notice of Removal (Lane, Molly) (Filed on 7/13/2022) Modified on 7/14/2022 (kkp, COURT STAFF). |
| Filing 1 NOTICE OF REMOVAL (with Jury Demand by Plaintiff) (fees paid $402.00, Tracking id: ACANDC-17346840, Approval code: 096473) from Alameda Superior Court. Their case number is 22CV012857. (). Filed byPhilips North America, LLC, Respironics, Inc., Philips RS North America LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Philips RS North America LLC Corporate Records & Business Registrations, #3 Exhibit C - Philips RS North America Holding Corporation Corporate Records & Business Registrations, #4 Exhibit D - Philips North America LLC Corporate Records & Business Registrations, #5 Exhibit E - Philips Holding USA Inc. Corporate Records & Business Registrations, #6 Exhibit F - Respironics Inc. Incorporation Information., #7 Exhibit G - Transfer Order, #8 Civil Cover Sheet)(Lane, Molly) (Filed on 7/13/2022) Modified on 7/14/2022 (kkp, COURT STAFF). |
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