Latimer v. Medtronic, Inc. et al
Plaintiff: Arthur Latimer
Defendant: Medtronic, Inc., Medtronic Sofamor Danek USA, Inc., Northside Hospital, Inc. and Peachtree Neurosurgery, P.C.
Case Number: 1:2014cv01722
Filed: June 4, 2014
Court: US District Court for the Northern District of Georgia
Office: Atlanta Office
County: Fulton
Presiding Judge: Leigh Martin May
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 27, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 27, 2015 Filing 57 Certified Mail Returned Receipt 91 7199 9991 7031 9586 2162 shows that #56 and #55 were delivered to Fulton County Superior Court on January 29, 2015. (kdw)
January 26, 2015 Filing 56 Remand Letter to the Superior Court of Fulton County RE: #55 Remand Order. (aaq)
January 26, 2015 Opinion or Order Filing 55 ORDER: This action is REMANDED to the Superior Court of Fulton County, Georgia pursuant to 28 U.S.C. 1447(c). For the sake of clarity in the record, all pending motions in this action are hereby DISMISSED AS MOOT. As there are no further issues outstanding, the Clerk is hereby DIRECTED to CLOSE THIS ACTION. The currently scheduled hearing on this matter is also cancelled. Signed by Judge Leigh Martin May on 01/26/15. (aaq)
January 26, 2015 Civil Case Terminated. (aaq)
January 26, 2015 Clerks Certificate of Mailing to the Fulton County Superior Court Clerk RE: #56 Remand Letter and #55 Remand Order via certified mail/ERR (#9171999991703195862162) (aaq)
January 20, 2015 Filing 54 APPLICATION for Admission of Dan Ring Pro Hac Vice with Brief In Support by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Cohen, Lori)
January 20, 2015 Filing 53 APPLICATION for Admission of Sean Fahey Pro Hac Vice with Brief In Support by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Cohen, Lori)
January 16, 2015 Filing 52 APPLICATION for Admission of Murray Levin Pro Hac Vice with Brief In Support by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Cohen, Lori)
January 16, 2015 Filing 51 APPLICATION for Admission of Andrew Tauber Pro Hac Vice with Brief In Support by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Cohen, Lori)
January 12, 2015 Filing 50 NOTICE of Change of Address for Theodore E. G. Pound, counsel for Peachtree Neurosurgery, P.C. (Pound, Theodore)
January 12, 2015 Opinion or Order MINUTE ORDER granting #49 Motion for Oral Argument and granting #20 Motion for Oral Argument. Hearing will be scheduled by separate entry. Entered by Judge Leigh Martin May on 01/12/2015. (rvb)
January 12, 2015 NOTICE of Hearing on Motions re: #11 MOTION to Dismiss, #17 MOTION to Dismiss for FAILURE TO STATE A CLAIM, #18 MOTION to Stay, MOTION for Extension of Time to Complete Discovery, #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, Motions Hearing set for 2/12/2015 at 09:30 AM in ATLA Courtroom 2107 before Judge Leigh Martin May. (rvb)
December 23, 2014 Filing 49 MOTION for Oral Argument re Submission to District Judge, Defendants Medtronic, Inc. and Medtronic Sofamor Danek USA, Inc.'s Amended Request for Oral Argument on Their Motion to Dismiss with Brief In Support by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Lockard, Victoria)
December 15, 2014 Filing 48 NOTICE by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc. of Supplemental Authority (Attachments: #1 Exhibit A, #2 Exhibit B)(Lockard, Victoria)
December 15, 2014 Clerks Notation re #2 Certificate of Interested Persons, #6 Certificate of Interested Persons, #15 Certificate of Interested Persons, Reviewed and Approved by LMM. (rvb)
December 12, 2014 Filing 47 NOTICE by Arthur Latimer of Supplemental Authority (Webb, Edward)
December 11, 2014 Filing 46 RESPONSE #39 Response to Third Notice of Supplemental Authority and Plaintiff's Notice of Supplemental Authority filed by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc. (ddm)
December 11, 2014 Opinion or Order Filing 45 ORDER granting #40 Motion for Leave to File Response to Plaintiff's Notice of Supplemental Authority and Reply in Support of Defendants' Third Notice of Supplemental Authority. Signed by Judge Leigh Martin May on 12/11/14. (ddm)
December 10, 2014 Filing 44 REPLY BRIEF re #40 MOTION for Leave to File Response to Plaintiff's Notice of Supplemental Authority and Reply in Support of Defendants' Third Notice of Supplemental Authority filed by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Lockard, Victoria)
December 9, 2014 Opinion or Order Filing 43 STANDING ORDER Regarding Civil Litigation in cases proceeding before Judge May. Signed by Judge Leigh Martin May on 12/09/2014. (rvb)
December 8, 2014 Filing 42 NOTICE by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc. Defendants' Notice of Supplemental Authority (Attachments: #1 Exhibit A)(Lockard, Victoria)
November 25, 2014 Filing 41 RESPONSE in Opposition re #40 MOTION for Leave to File Response to Plaintiff's Notice of Supplemental Authority and Reply in Support of Defendants' Third Notice of Supplemental Authority filed by Arthur Latimer. (Webb, Edward)
November 24, 2014 Filing 40 MOTION for Leave to File Response to Plaintiff's Notice of Supplemental Authority and Reply in Support of Defendants' Third Notice of Supplemental Authority with Brief In Support by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Attachments: #1 Exhibit A)(Lockard, Victoria)
November 20, 2014 Case Reassigned to District Judge Leigh Martin May. Judge Steve C Jones no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:14-cv-1722-LMM. Please make note of this change in order to facilitate the docketing of pleadings in this case. (aaq)
November 20, 2014 Submission of the #20 MOTION for Oral Argument re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #17 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #18 MOTION to Stay MOTION for Extension of Time to Complete Discovery, #11 MOTION to Dismiss , #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Leigh Martin May. (aaq)
October 30, 2014 Filing 39 RESPONSE re #38 Notice (Other) Response to Third Notice of Supplemental Authority and Plaintiff's Notice of Supplemental Authority filed by Arthur Latimer. (Webb, Edward)
October 28, 2014 Filing 38 NOTICE by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc. Notice of Supplemental Authority (Attachments: #1 Exhibit A)(Lockard, Victoria)
September 23, 2014 Filing 37 RESPONSE re #36 Notice (Other) filed by Arthur Latimer. (Webb, Edward)
September 22, 2014 Filing 36 NOTICE by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc. Notice of Supplemental Authority (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lockard, Victoria)
September 11, 2014 Filing 35 RESPONSE re #34 Notice (Other) filed by Arthur Latimer. (Webb, Edward)
September 10, 2014 Filing 34 NOTICE by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc. Medtronic Defendants' Notice of Supplemental Authority (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lockard, Victoria)
September 9, 2014 Filing 33 Initial Disclosures by Peachtree Neurosurgery, P.C..(Simcoe, Kathleen)
August 14, 2014 Filing 32 REPLY to Response to Motion re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Lockard, Victoria)
August 11, 2014 Filing 31 REPLY BRIEF re #11 MOTION to Dismiss filed by Northside Hospital, Inc.. (Scrudder, Henry)
August 7, 2014 Opinion or Order Filing 30 ORDER granting the #29 Motion for Leave to File Excess Pages signed by Judge Steve C Jones on 08/07/14. (aaq)
August 6, 2014 Filing 29 Consent MOTION for Leave to File Excess Pages with Brief In Support by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Attachments: #1 Text of Proposed Order)(Lockard, Victoria)
August 1, 2014 Filing 28 CERTIFICATE OF SERVICE of Initial Disclosures by Northside Hospital, Inc..(Scrudder, Henry)
August 1, 2014 Submission of the #18 MOTION to Stay MOTION for Extension of Time to Complete Discovery to District Judge Steve C Jones. (aaq)
July 28, 2014 Filing 27 RESPONSE in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Arthur Latimer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Webb, Edward)
July 28, 2014 Filing 26 RESPONSE in Opposition re #11 MOTION to Dismiss , #17 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Arthur Latimer. (Webb, Edward)
July 28, 2014 Filing 25 REPLY to Response to Motion re #18 MOTION to Stay MOTION for Extension of Time to Complete Discovery filed by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Holden, Evan)
July 25, 2014 Filing 24 Initial Disclosures by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc..(Holden, Evan)
July 16, 2014 Submission of the #20 MOTION for Oral Argument re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #17 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #11 MOTION to Dismiss , #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Steve C Jones. (aaq)
July 14, 2014 Filing 23 RESPONSE in Opposition re #18 MOTION to Stay MOTION for Extension of Time to Complete Discovery filed by Arthur Latimer. (Lemond, G.)
July 2, 2014 Opinion or Order Filing 22 ORDER granting the #21 Motion for Extension of Time to 07/28/14 for Plaintiff to respond to the #11 , #17 and #19 MOTIONS TO DISMISS signed by Judge Steve C Jones on 07/02/14. (aaq)
July 2, 2014 Filing 21 Consent MOTION for Extension of Time to Respond re: #11 MOTION to Dismiss , #17 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Arthur Latimer. (Attachments: #1 Text of Proposed Order)(Webb, Edward)
June 25, 2014 Filing 20 MOTION for Oral Argument re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Lockard, Victoria)
June 25, 2014 Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Attachments: #1 Brief Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Text of Proposed Order)(Lockard, Victoria)
June 25, 2014 Filing 18 MOTION to Stay Deadlines and Discovery Pending Motion to Dismiss or, in the alternative, for Four Months with Brief In Support by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc. (Attachments: #1 Exhibit Proposed Order)(Lockard, Victoria). Added MOTION for Extension of Time to Complete Discovery on 6/26/2014 (bdb).
June 25, 2014 Filing 17 MOTION to Dismiss , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Peachtree Neurosurgery, P.C.. (Attachments: #1 Brief)(Pound, Theodore)
June 25, 2014 Filing 16 NOTICE by Peachtree Neurosurgery, P.C. of Consent to Removal (Pound, Theodore)
June 25, 2014 Filing 15 Certificate of Interested Persons by Peachtree Neurosurgery, P.C.. (Pound, Theodore)
June 25, 2014 Filing 14 ANSWER with Jury Demand to #1 NOTICE OF REMOVAL by Peachtree Neurosurgery, P.C. (Pound, Theodore) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified to add jury demand on 6/26/2014 (bdb).
June 25, 2014 Filing 13 NOTICE by Northside Hospital, Inc. re #1 Notice of Removal, (Scrudder, Henry)
June 25, 2014 Filing 12 ANSWER with Jury Demand to #1 NOTICE OF REMOVAL by Northside Hospital, Inc. Discovery ends on 11/24/2014.(Scrudder, Henry) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified to add jury demand on 6/26/2014 (bdb).
June 25, 2014 Filing 11 MOTION to Dismiss with Brief In Support by Northside Hospital, Inc.. (Attachments: #1 Brief)(Scrudder, Henry)
June 20, 2014 Opinion or Order Filing 10 ORDER granting the #9 Motion for Leave to File Excess Pages signed by Judge Steve C Jones on 06/20/14. (aaq)
June 19, 2014 Filing 9 Consent MOTION for Leave to File Excess Pages with Brief In Support by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Holden, Evan)
June 19, 2014 Opinion or Order MINUTE ORDER granting #8 Motion for Extension of Time to Answer; Peachtree Neurosurgery, P.C. Answer due 6/25/2014. Entered by Judge Steve C Jones on 6/19/2014. (pdw)
June 17, 2014 Filing 8 Consent MOTION for Extension of Time to File Answer , Move, or Otherwise Respond to Plaintiff's Complaint with Brief In Support by Peachtree Neurosurgery, P.C.. (Simcoe, Kathleen)
June 11, 2014 Opinion or Order MINUTE ORDER granting #5 Motion for Extension of Time to Answer, Northside Hospital, Inc. Answer due 6/25/2014. Entered by Judge Steve C Jones on 6/11/2014. (pdw)
June 11, 2014 Opinion or Order MINUTE ORDER granting #3 Consent Motion for Extension of Time for Medtronic, Inc. and Medtronic Sofamor Danek USA, Inc. to answer, move or otherwise respond to Plaintiff's Complaint through and including June 25, 2014. Entered by Judge Steve C. Jones on 6/11/2014. (pdw)
June 10, 2014 Opinion or Order Filing 7 ORDER DECLINING CASE. Case reassigned to Judge Steve C Jones for all further proceedings. Judge Charles A. Pannell, Jr no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:14-cv-1722-SCJ. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Charles A. Pannell, Jr on 6/10/2014. (adg)
June 10, 2014 Filing 6 Certificate of Interested Persons and Corporate Disclosure Statement by Northside Hospital, Inc. identifying Corporate Parent Northside Health Services, Inc. for Northside Hospital, Inc.. (Scrudder, Henry)
June 10, 2014 Filing 5 Consent MOTION for Extension of Time to File Answer with Brief In Support by Northside Hospital, Inc.. (Attachments: #1 Text of Proposed Order)(Scrudder, Henry)
June 6, 2014 Filing 4 PROPOSED CONSENT ORDER Proposed Order Granting Consent Motion to Extend Time to Answer, Move or Otherwise Respond to Plaintiff's Complaint. (Lockard, Victoria)
June 6, 2014 Filing 3 Consent MOTION for Extension of Time Answer, Move or Otherwise Respond to Plaintiff's Complaint with Brief In Support by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Lockard, Victoria)
June 6, 2014 Filing 2 Certificate of Interested Persons by Medtronic Sofamor Danek USA, Inc., Medtronic, Inc.. (Lockard, Victoria)
June 4, 2014 Filing 1 NOTICE OF REMOVAL with COMPLAINT, filed by Medtronic, Inc. and Medtronic Sofamor Danek USA, Inc.. (Filing fee $ 400.00 receipt number 113E-5221028) (Attachments: #1 Exhibit -A, #2 Exhibit -B, #3 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form.

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Defendant: Medtronic, Inc.
Represented By: Evan Courtright Holden
Represented By: Lori Gail Cohen
Represented By: Victoria Davis Lockard
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Defendant: Medtronic Sofamor Danek USA, Inc.
Represented By: Evan Courtright Holden
Represented By: Lori Gail Cohen
Represented By: Victoria Davis Lockard
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Defendant: Northside Hospital, Inc.
Represented By: Henry E. Scrudder, Jr.
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Defendant: Peachtree Neurosurgery, P.C.
Represented By: Kathleen Woodruff Simcoe
Represented By: Theodore E. G. Pound
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Plaintiff: Arthur Latimer
Represented By: Edward Adam Webb
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