Curry v. PHC-Cleveland, Inc. et al
Plaintiff: Valerie Curry
Defendant: Blake Surgical Association, Pllc, C R Bard Inc, Johnson & Johnson, Ethicon Inc. and PHC-Cleveland, Inc. doing business as Bolivar Medical Center
Case Number: 1:2020cv03914
Filed: September 21, 2020
Court: US District Court for the Northern District of Georgia
Presiding Judge: Richard W Story
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2020 Opinion or Order Filing 42 SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (bdb)
September 21, 2020 Filing 41 Case transferred in from District of Mississippi Northern; Case Number 4:20-cv-00058. Original file certified copy of transfer order and docket sheet received.
September 21, 2020 Filing 40 CERTIFIED CONDITIONAL TRANSFER ORDER - Case Transferred to Northern District of Georgia. Original file, certified copy of transfer order, and docket sheet sent electronically. CASE CLOSED. (jtm) [Transferred from Mississippi Northern on 9/21/2020.]
May 13, 2020 Filing 39 NOTICE by Fred Exzell Bourn, III on behalf of Ethicon, Inc. re #1 Notice of Removal,,,, of Consent to Removal (Bourn, Fred) [Transferred from Mississippi Northern on 9/21/2020.]
May 12, 2020 Filing 38 REPLY to Response to Motion re #18 MOTION to Remand to State Court re Johnson & Johnson's Response In Opposition filed by Valerie Curry. (Turnage, Ellis) [Transferred from Mississippi Northern on 9/21/2020.]
May 12, 2020 Opinion or Order Filing 37 ORDER granting #13 Motion to Stay. All proceedings in this case are STAYED pending a transfer decision by the JPML. Signed by Magistrate Judge Jane M. Virden on 5/12/20. (ncb) [Transferred from Mississippi Northern on 9/21/2020.]
May 8, 2020 Filing 36 NOTICE by Ellis Turnage on behalf of Valerie Curry re #26 Memorandum in Support, #25 Joinder in Motion, Notice Of Withdrawal of Plaintiff's Joinder To Defendant Johnson & Johnson's Motion To Stay Proceedings (Turnage, Ellis) [Transferred from Mississippi Northern on 9/21/2020.]
May 8, 2020 Opinion or Order TEXT ORDER granting #32 Motion for Extension of Time to File Response/Reply (until 5/12/2020) Replies due by 5/12/2020. No further written order shall issue by this Court.Signed by District Judge Sharion Aycock on 5/8/2020. (no document attached)(ray) [Transferred from Mississippi Northern on 9/21/2020.]
May 8, 2020 Opinion or Order Filing 35 ORDER granting #34 Motion for Extension of Time to Answer. Ethicon, Inc. answer due 5/29/2020. Signed by Magistrate Judge Jane M. Virden on 5/8/20. (ncb) [Transferred from Mississippi Northern on 9/21/2020.]
May 7, 2020 Filing 34 MOTION for Extension of Time to File Answer re #2 Complaint - State Court (UNOPPOSED) by Ethicon, Inc.. (Bourn, Fred) [Transferred from Mississippi Northern on 9/21/2020.]
May 5, 2020 Filing 33 Minute Entry for proceedings held before Magistrate Judge Jane M. Virden: Status Conference held on 5/5/2020. (irw) [Transferred from Mississippi Northern on 9/21/2020.]
May 5, 2020 Filing 32 MOTION for Extension of Time to File Response/Reply to Defendant Johnson & Johnson's Response in Opposition To Plaintiff's Motion to Remand to State Court by Valerie Curry. (Turnage, Ellis) [Transferred from Mississippi Northern on 9/21/2020.]
May 4, 2020 Filing 31 NOTICE of Conference: Informal Telephonic Conference set for 5/5/2020 at 03:00 PM before Magistrate Judge Jane M. Virden. Call-in information will be provided via email. (irw) [Transferred from Mississippi Northern on 9/21/2020.]
April 28, 2020 Filing 30 REPLY to Response to Motion re #13 MOTION to Stay all Proceedings Pending Decision to Transfer to MDL No. 2782, In re Ethicon, Inc. Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation filed by Johnson & Johnson. (Bourn, Fred) [Transferred from Mississippi Northern on 9/21/2020.]
April 28, 2020 Filing 29 MEMORANDUM IN SUPPORT re #28 Response in Opposition to Motion re #18 MOTION to Remand to State Court filed by Johnson & Johnson. (Bourn, Fred) Modified on 4/28/2020 (jla). [Transferred from Mississippi Northern on 9/21/2020.]
April 28, 2020 Filing 28 RESPONSE in Opposition re #18 MOTION to Remand to State Court filed by Johnson & Johnson. (Attachments: #1 Exhibit 1 - Conditional Transfer Order No. 62, #2 Exhibit 2 - Plaintiffs Notice of Opposition to CTO 62, #3 Exhibit 3 - August 23, 2015 Operative ReportAug. 23, 2015 Operative Report) (Bourn, Fred) [Transferred from Mississippi Northern on 9/21/2020.]
April 24, 2020 Filing 27 CORPORATE STATEMENT . (Whitney, Clifford) [Transferred from Mississippi Northern on 9/21/2020.]
April 23, 2020 Opinion or Order TEXT ONLY ORDER granting #16 Motion for Extension of Time. Plaintiff must complete service of process on Defendant Ethicon, Inc., within 90 days after the date of removal of this action. No further written order on the motion will issue from the Court. Signed by Magistrate Judge Jane M. Virden on 4/23/20. (ncb)(no document attached) [Transferred from Mississippi Northern on 9/21/2020.]
April 21, 2020 Filing 26 MEMORANDUM IN SUPPORT re #25 Joinder in Motion, Defendant Johnson & Johnson's Motion To Stay Proceedings Pending Decision By U.S. Judicial Panel On Multidistrict Litigation And Plaintiff's Motion To Remand To State Court. (Turnage, Ellis) [Transferred from Mississippi Northern on 9/21/2020.]
April 21, 2020 Filing 25 Joinder in Motion re #13 MOTION to Stay all Proceedings Pending Decision to Transfer to MDL No. 2782, In re Ethicon, Inc. Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation filed by Valerie Curry. (Turnage, Ellis) [Transferred from Mississippi Northern on 9/21/2020.]
April 20, 2020 Filing 24 NOTICE of Attorney Appearance by Clifford Caswell Whitney, III on behalf of PHC-Cleveland, Inc. (Whitney, Clifford) (Main Document 24 replaced with non-fillable pdf on 4/21/2020) (jla). Modified on 4/21/2020 (jla). [Transferred from Mississippi Northern on 9/21/2020.]
April 16, 2020 Filing 23 ANSWER to State Court Complaint by PHC-Cleveland, Inc. (filed in state court, see doc #20 ). (jla) [Transferred from Mississippi Northern on 9/21/2020.]
April 16, 2020 Filing 22 ANSWER to State Court Complaint with Jury Demand by Blake Surgical Association, PLLC. (filed in State Court, see doc #20 ) (jla) [Transferred from Mississippi Northern on 9/21/2020.]
April 15, 2020 NOTICE cancelling Case Management Conference re #6 Initial Order - Rule 16.1; case stayed. (irw) [Transferred from Mississippi Northern on 9/21/2020.]
April 15, 2020 Opinion or Order Filing 21 ORDER STAYING CERTAIN PROCEEDINGS. Signed by Magistrate Judge Jane M. Virden on 4/15/20. (ncb) [Transferred from Mississippi Northern on 9/21/2020.]
April 15, 2020 Filing 20 STATE COURT RECORD - REMOVAL. (Attachments: #1 1 - 09.12.19 Civil Cover Sheet stamped Certified Copy, #2 2 - 09.12.19 Complaint, #3 3 - 09.12.19 Summons issued to Johnson & Johnson, #4 4 - 09.12.19 Summons issued to C.R. Bard, Inc., #5 5 - 09.12.19 Summons issued to Blake Surgical Assoc., #6 6 - 09.12.19 Summons issued to Ethicon, Inc., #7 7 - 09.12.19 Summons issued to PHC-Cleveland, Inc., #8 8 - Clerk's Letter of Assignment, #9 9 - 09.17.19 Clerk's Order Setting Deadlines, #10 10 - 03.31.2016 11th Circuit Court Order Re Orders to be Approved by Attorneys, #11 11 - 03.31.2016 11th Circuit Court Order Re Non-Filing of Discovery, #12 12 - 01.27.06 Miss. Sup. Court Order Re Local Rules, #13 13 - 09.12.19 page 1 of Civil Cover Sheet, #14 14 - 11.27.19 Answer of Blake Surgical Assoc., #15 15 - 11.27.19 Letter to Clerk filing Answer of Blake Surgical Assoc., #16 16 - 01.07.20 Plaintiff's Motion for Additional Time to Serve Process, #17 17 - 01.07.20 Affidavit of Ellis Turnage, #18 18 - 01.07.20 Summons issued to Sheriff for service on Ethicon, Inc., #19 19 - 01.07.20 Summons issued to Sheriff for service on C.R. Bard, Inc., #20 20 - 01.07.20 Summons issued to Sheriff for service on Johnson & Johnson, #21 21 - 01.07.20 Summons issued to Sheriff for service on PHC-Cleveland, Inc., #22 22 - 01.07.20 Summons issued to for service by Certified Mail on C.R. Bard, Inc., #23 23 - 01.07.20 Summons issued to for service by Certified Mail on Ethicon, Inc., #24 24 - 01.07.20 Summons issued to for service by Certified Mail on Johnson & Johnson, #25 25 - 01.22.20 Order Granting Motion for Additional Time to Serve Process, #26 26 - 01.15.20 letter from T. Ragland to Clerk filing original Order Granting Additional Time to Serve Process, #27 27 - 03.03.20 Summons issued to Bolivar Medical Center, #28 28 - 03.20.20 Order Granting 2nd Motion for Additional Time to Serve Process, #29 29 - 03.11.20 Plaintiff's 2nd Motion for Additional Time to Serve Process, #30 30 - 03.11.20 Affidavit of Ellis Turnage, #31 31- 03.20.20 PHC-Cleveland's Notice of Deposition and RFP to Plaintiff, #32 32 - 03.20.20 Notice of Service of Discovery Requests, #33 33 - 03.20.20 Answer of PHC-Cleveland, #34 34 - 03.20.20 Letter to Clerk filing Answer of PHC-Cleveland) (Bourn, Fred) [Transferred from Mississippi Northern on 9/21/2020.]
April 15, 2020 Filing 19 MEMORANDUM IN SUPPORT re #18 MOTION to Remand to State Court . (Turnage, Ellis) [Transferred from Mississippi Northern on 9/21/2020.]
April 14, 2020 Filing 18 MOTION to Remand to State Court by Valerie Curry. (Attachments: #1 Exhibit Exhibit 1 - MSOS 2020 Corporate Annual Report for PHC-Cleveland, Inc., Business ID No. 683717, #2 Exhibit Exhibit 2 - MSOS 2020 LLC Annual Report for Blake Surgical Association, PLLC, Business ID No. 876540, #3 Exhibit Exhibit 3 - Bolivar County, Mississippi Voter Profile Report for Vicki Michelle Blake, #4 Exhibit Exhibit 4 - Bolivar County, Mississippi Voter Profile Report for Roger Alan Blake, #5 Exhibit Exhibit 5 - Bolivar County, Mississippi Homestead Exemption Record for Roger A. Blake and Vicki M. Blake) (Turnage, Ellis) [Transferred from Mississippi Northern on 9/21/2020.]
April 13, 2020 Filing 17 MEMORANDUM IN SUPPORT re #16 MOTION for Extension of Time To Serve Process On Defendant Ethicon, Inc. . (Turnage, Ellis) [Transferred from Mississippi Northern on 9/21/2020.]
April 13, 2020 Filing 16 MOTION for Extension of Time To Serve Process On Defendant Ethicon, Inc. by Valerie Curry. (Attachments: #1 Exhibit Exhibit 1 - Returned Envelope and Certified Mail Receipt re Service of Process to Ethicon, Inc.) (Turnage, Ellis) [Transferred from Mississippi Northern on 9/21/2020.]
April 13, 2020 Filing 15 Summons Issued as to Ethicon, Inc. E-mailed to attorney for service. (tab) [Transferred from Mississippi Northern on 9/21/2020.]
April 10, 2020 Filing 14 MEMORANDUM IN SUPPORT re #13 MOTION to Stay all Proceedings Pending Decision to Transfer to MDL No. 2782, In re Ethicon, Inc. Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation filed by Johnson & Johnson. (Bourn, Fred) [Transferred from Mississippi Northern on 9/21/2020.]
April 10, 2020 Filing 13 MOTION to Stay all Proceedings Pending Decision to Transfer to MDL No. 2782, In re Ethicon, Inc. Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation by Johnson & Johnson. (Attachments: #1 Exhibit A - Conditional Transfer Order No. 62) (Bourn, Fred) [Transferred from Mississippi Northern on 9/21/2020.]
April 10, 2020 Filing 12 MEMORANDUM IN SUPPORT re #11 MOTION to Sever Claims Brought Against the Healthcare Defendants filed by Johnson & Johnson. (Bourn, Fred) [Transferred from Mississippi Northern on 9/21/2020.]
April 10, 2020 Filing 11 MOTION to Sever Claims Brought Against the Healthcare Defendants by Johnson & Johnson. (Attachments: #1 Exhibit A - Conditional Transfer Order No. 62) (Bourn, Fred) [Transferred from Mississippi Northern on 9/21/2020.]
April 10, 2020 Filing 10 MEMORANDUM IN SUPPORT re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Johnson & Johnson. (Bourn, Fred) [Transferred from Mississippi Northern on 9/21/2020.]
April 10, 2020 Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Johnson & Johnson. (Bourn, Fred) [Transferred from Mississippi Northern on 9/21/2020.]
April 10, 2020 Filing 8 MOTION for Leave to File Amended Notice of Removal by Johnson & Johnson. (Attachments: #1 Exhibit 1 - Proposed Amended Notice of Removal) (Bourn, Fred) [Transferred from Mississippi Northern on 9/21/2020.]
April 8, 2020 Filing 7 AMENDED ANSWER to #2 Complaint - State Court by Johnson & Johnson. (Bourn, Fred) [Transferred from Mississippi Northern on 9/21/2020.]
April 2, 2020 Opinion or Order Filing 6 INITIAL ORDER - RULE 16.1: Case Management Conference set for 4/30/2020 at 03:00 PM in before Magistrate Judge Jane M. Virden. Signed by Magistrate Judge Jane M. Virden on 4/2/2020. (irw) [Transferred from Mississippi Northern on 9/21/2020.]
April 2, 2020 Filing 5 C.R. Bard Inc.'s Answer and Defenses to Plaintiff's Complaint and Demand for Jury Trial ANSWER to State Court Complaint with Jury Demand by C. R. Bard, Inc.. (Rippee, Stephanie) [Transferred from Mississippi Northern on 9/21/2020.]
April 2, 2020 Filing 4 ANSWER to State Court Complaint with Jury Demand by Johnson & Johnson. (Bourn, Fred) [Transferred from Mississippi Northern on 9/21/2020.]
April 2, 2020 NOTICE OF ASSIGNMENT. Case assigned to Judge Sharion Aycock and Magistrate Judge Jane M Virden. (tab) [Transferred from Mississippi Northern on 9/21/2020.]
April 2, 2020 Filing 3 NOTICE OF CONSENT TO REMOVAL by Stephanie McGee Rippee on behalf of C. R. Bard, Inc. re #1 Notice of Removal (tab) [Transferred from Mississippi Northern on 9/21/2020.]
April 2, 2020 Filing 2 STATE COURT COMPLAINT against Blake Surgical Association, PLLC, C. R. Bard, Inc., Ethicon, Inc., Johnson & Johnson, PHC-Cleveland, Inc., filed by Valerie Curry. (tab) [Transferred from Mississippi Northern on 9/21/2020.]
April 2, 2020 Filing 1 NOTICE OF REMOVAL by Johnson & Johnson from Circuit Court of Bolivar County, Mississippi, case number 2019-0067. ( Filing fee $ 400 receipt number 0537-1790515) Pursuant to Local Uniform Civil Rule 5(b) and the Administrative Procedures for Electronic Case Filing for the Northern District of Mississippi, the removing defendant must electronically file a copy of the entire state court record within 14 days of the date of removal. The state court record will be filed using the event State Court Record - Removal. Attach the Notice/Certificate of Filing State Court Record as the main document with each state court document attached as a separate PDF. All attachments must be clearly identified. The state court record can not be filed conventionally., filed by Johnson & Johnson. (Attachments: #1 Exhibit A All Process Received by Removing Defendant, #2 Exhibit B Notice of Consent to Removal by Defendant C. R. Bard, Inc., #3 Civil Cover Sheet) (tab) [Transferred from Mississippi Northern on 9/21/2020.]

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 Georgia Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Curry v. PHC-Cleveland, Inc. 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: Blake Surgical Association, Pllc
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: C R Bard Inc
Represented By: Stephanie M. Rippee
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: Johnson & Johnson
Represented By: Fred E. Bourn, III
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: Ethicon Inc.
Represented By: Fred E. Bourn, III
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: PHC-Cleveland, Inc. doing business as Bolivar Medical Center
Represented By: Penny Beckwith Lawson
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: Valerie Curry
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?