Curry v. PHC-Cleveland, Inc. et al
| Valerie Curry |
| Blake Surgical Association, Pllc, C R Bard Inc, Johnson & Johnson, Ethicon Inc. and PHC-Cleveland, Inc. doing business as Bolivar Medical Center |
| 1:2020cv03914 |
| September 21, 2020 |
| US District Court for the Northern District of Georgia |
| Richard W Story |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on November 12, 2020. A more recent docket listing may be available from PACER.
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Filing 47
ORDER re (627 in 1:17-md-02782-RWS) Plaintiffs' MOTION to Exclude Opinions and Testimony of Marta L. Villarraga, Ph.D. filed by Marvin Franklin, Connie Franklin. The Court wishes to have the benefit of Defendants' position before ruling. Because Defendants have not directly addressed Plaintiffs' objections to these opinions, Defendants are directed to file a sur-reply addressing these objections within fourteen (14) days of the entry of the Order. (see order for details) Signed by Judge Richard W. Story on 11/12/2020. (Spread to 2019 and 2020 cases) Associated Cases: 1:17-md-02782-RWS et al.(bdb)
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Filing 46
PRACTICE AND PROCEDURE ORDER NO. 24 - Amended Discovery, Scheduling, and Case Management Order Governing Trial Cases: Final Pretrial Conference set for 1/14/2021 at 10:00 AM in ATLA Courtroom 2105 before Judge Richard W. Story. Proposed Pretrial Order due by 11/16/2020. First Trial Case shall begin on January 25, 2021. See order for complete scheduling details. Signed by Judge Richard W. Story on 9/11/2020. (Originally filed on 9/11/2020 663 - Spread to 2019 and 2020 cases) Associated Cases: 1:17-md-02782-RWS et al. (bdb)
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Filing 45
PRACTICE AND PROCEDURE ORDER NO. 23 granting 642 Connie Franklin and Marvin Franklin's Motion for Order Regarding Cost Reimbursement and Related Common Benefit Issues. Agreed Order Regarding Cost Reimbursement and Related Common Benefit Issues. See order for details. Signed by Judge Richard W. Story on 9/11/2020. (Originally filed on 9/11/2020 662 - Spread to 2019 and 2020 cases) Associated Cases: 1:17-md-02782-RWS et al. (bdb)
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| Filing 44 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Whitman B. Johnson, III. Clerk to follow-up by 10/13/2020. (nmb) |
| Filing 43 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Ellis Turnage. Clerk to follow-up by 10/13/2020. (nmb) |
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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)
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| 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. |
| 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.] |
| 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.] |
| 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.] |
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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.]
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| 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.] |
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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.]
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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.]
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| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| Filing 27 CORPORATE STATEMENT . (Whitney, Clifford) [Transferred from Mississippi Northern on 9/21/2020.] |
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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.]
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| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
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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.]
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| 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.] |
| Filing 19 MEMORANDUM IN SUPPORT re #18 MOTION to Remand to State Court . (Turnage, Ellis) [Transferred from Mississippi Northern on 9/21/2020.] |
| NOTICE cancelling Case Management Conference re #6 Initial Order - Rule 16.1; case stayed. (irw) [Transferred from Mississippi Northern on 9/21/2020.] |
| 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.] |
| 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.] |
| 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.] |
| Filing 15 Summons Issued as to Ethicon, Inc. E-mailed to attorney for service. (tab) [Transferred from Mississippi Northern on 9/21/2020.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Johnson & Johnson. (Bourn, Fred) [Transferred from Mississippi Northern on 9/21/2020.] |
| 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.] |
| Filing 7 AMENDED ANSWER to #2 Complaint - State Court by Johnson & Johnson. (Bourn, Fred) [Transferred from Mississippi Northern on 9/21/2020.] |
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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.]
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| 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.] |
| Filing 4 ANSWER to State Court Complaint with Jury Demand by Johnson & Johnson. (Bourn, Fred) [Transferred from Mississippi Northern on 9/21/2020.] |
| 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.] |
| 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.] |
| 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.] |
| NOTICE OF ASSIGNMENT. Case assigned to Judge Sharion Aycock and Magistrate Judge Jane M Virden. (tab) [Transferred from Mississippi Northern on 9/21/2020.] |
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