Miller et al v. Becton, Dickinson and Company et al
| Michael E. Dauphin and Lisa D. Miller, M.D. |
| Samarat Khichi, Ronald Pasdon, Becton, Dickinson and Company, John Does No. 1-10, James McKinnon, John LaMontagne, Ellen Kondracki, Elizabeth Bruette, John Richardson, Katherine McFalls, Jeffrey Williams, Wheat 9120 GP, LLC, Wheat 9120, LLC, Vivian Stephens, Sharon Jackson, Brooke Rickenbacker, Boone Brothers, Kimbrell Darnell, Wayne Sandbo, C. R. Bard, Inc., Elizabeth Woody, Edward Huckaby and Leigh Taylor |
| 1:2020cv04670 |
| November 16, 2020 |
| US District Court for the Northern District of Georgia |
| J P Boulee |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on January 11, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 RESPONSE in Opposition re #18 MOTION for Sanctions MOTION for Attorney Fees filed by Becton, Dickinson and Company, C. R. Bard, Inc.. (Cohen, Lori) |
| Filing 26 RESPONSE in Opposition re #17 MOTION to Remand to State Court filed by Becton, Dickinson and Company, C. R. Bard, Inc.. (Attachments: #1 Exhibit 1 - EPD Complaint Tracking System Public Portal: Complaint ID 78838)(Cohen, Lori) |
| Clerks Notation re #3 #11 #15 Certificates of Interested Persons APPROVED by JPB. (bnw) |
ORDER: Having reviewed and fully considered Plaintiffs' #20 Emergency Motion to Stay, the parties' #22 Joint Motion to Extend Deadlines and their #23 Consent Motion to Extend Time to File Initial Disclosures and Joint Preliminary Report, the Court stays briefing and deadlines for all pending motions and discovery-related filings, except for the #17 Motion to Remand and #18 Motion for Sanctions and Attorneys' Fees, until twenty-one days after a ruling on Plaintiffs' #17 Motion to Remand. Defendants' deadline to respond to Plaintiffs' #17 Motion to Remand and #18 Motion for Sanctions and Attorneys' Fees is extended to January 11, 2021, and Plaintiffs' reply deadline is extended to February 1, 2021. Signed by Judge J. P. Boulee on 12/18/20. (bnw)
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| Filing 25 REPLY to Response to Motion re #20 MOTION to Stay filed by Lisa D. Miller, MD. (Penn, Darren) |
| Filing 24 RESPONSE in Opposition re #20 MOTION to Stay Emergency Motion To Stay Time For Plaintiffs Responses To Defendants Motions To Dismiss filed by Becton, Dickinson and Company, Boone Brothers, Elizabeth Bruette, C. R. Bard, Inc., Kimbrell Darnell, Edward Huckaby, Sharon Jackson, Samarat Khichi, Ellen Kondracki, John LaMontagne, Katherine McFalls, James McKinnon, Ronald Pasdon, John Richardson, Brooke Rickenbacker, Wayne Sandbo, Vivian Stephens, Leigh Taylor, Jeffrey Williams, Elizabeth Woody. (Cohen, Lori) |
| Filing 23 Consent MOTION for Extension of Time to File Initial Disclosures and Joint Preliminary Report by Becton, Dickinson and Company, Boone Brothers, Elizabeth Bruette, C. R. Bard, Inc., Kimbrell Darnell, Edward Huckaby, Sharon Jackson, Samarat Khichi, Ellen Kondracki, John LaMontagne, Katherine McFalls, James McKinnon, Ronald Pasdon, John Richardson, Brooke Rickenbacker, Wayne Sandbo, Vivian Stephens, Leigh Taylor, Jeffrey Williams, Elizabeth Woody. (Attachments: #1 Text of Proposed Order)(Cohen, Lori) |
| Filing 22 Joint MOTION for Extension of Time to File Responses and Replies re: #17 MOTION to Remand to State Court , #18 MOTION for Sanctions MOTION for Attorney Fees by Becton, Dickinson and Company, Boone Brothers, Elizabeth Bruette, C. R. Bard, Inc., Kimbrell Darnell, Edward Huckaby, Sharon Jackson, Samarat Khichi, Ellen Kondracki, John LaMontagne, Katherine McFalls, James McKinnon, Ronald Pasdon, John Richardson, Brooke Rickenbacker, Wayne Sandbo, Vivian Stephens, Leigh Taylor, Jeffrey Williams, Elizabeth Woody. (Attachments: #1 Exhibit A - proposed Order)(Cohen, Lori) |
| Filing 21 ANSWER to #10 Crossclaim by Becton, Dickinson and Company, C. R. Bard, Inc..(Cohen, Lori) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 20 MOTION to Stay with Brief In Support by Lisa D. Miller, MD. (Attachments: #1 Brief Plaintiffs' Brief in Support of Plaintiffs' Emergency Motion to Stay Time for Pls' Responses to Defs Motions to Dismiss, #2 Exhibit Ex.A - Proposed Order)(Penn, Darren) |
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ORDER: Defendants to respond to the #20 motion no later than close of business on Wednesday, December 16, 2020, and the reply to be filed no later than close of business on Thursday, December 17, 2020. Signed by Judge J. P. Boulee on 12/14/20. (bnw)
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Filing 19
NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (adg) (ADI)
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| Filing 18 MOTION for Sanctions and Attorneys' fees, with Brief In Support, filed by Lisa D. Miller, MD. (Attachments: #1 Brief Brief in Support of Motion for Sanctions)(Penn, Darren) . Added MOTION for Attorney Fees on 12/8/2020 (ddm). |
| Filing 17 MOTION to Remand to State Court with Brief In Support by Lisa D. Miller, MD. (Attachments: #1 Brief Brief in Support of Motion to Remand)(Penn, Darren) |
| APPROVAL by Clerks Office re: #13 APPLICATION for Admission of Libretta P. Stennes Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10412657).. Attorney Libretta Stennes added appearing on behalf of Becton, Dickinson and Company, Becton, Dickinson and Company (nmb) |
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ORDER: For good cause shown, the #16 Joint Motion to Extend Deadlines is GRANTED. IT IS HEREBY ORDERED that Plaintiffs' deadline in which to file responses to the separate motions to dismiss is extended through and including December 31, 2020. The deadline in which to file replies shall be extended through and including January 28, 2021. Signed by Judge J. P. Boulee on 12/1/20. (bnw)
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| Filing 16 Joint MOTION for Extension of Time re: #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Michael E. Dauphin, Lisa D. Miller, MD. (Attachments: #1 Text of Proposed Order Proposed Order on Joint Motion to Extend Deadlines)(Penn, Darren) |
| Filing 15 First Certificate of Interested Persons by Michael E. Dauphin, Lisa D. Miller, MD. (Penn, Darren) |
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Filing 14
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 11/30/20. (bnw)
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| Filing 13 APPLICATION for Admission of Libretta P. Stennes Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10412657).by Becton, Dickinson and Company, Becton, Dickinson and Company, Boone Brothers, Elizabeth Bruette, C. R. Bard, Inc., C. R. Bard, Inc., Kimbrell Darnell, Edward Huckaby, Sharon Jackson, Samarat Khichi, Ellen Kondracki, John LaMontagne, Katherine McFalls, James McKinnon, Ronald Pasdon, John Richardson, Brooke Rickenbacker, Wayne Sandbo, Vivian Stephens, Leigh Taylor, Jeffrey Williams, Elizabeth Woody. (Attachments: #1 Text of Proposed Order)(Jessee, Sean) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 12 DEMAND for Trial by Jury by Becton, Dickinson and Company, Boone Brothers, Elizabeth Bruette, C. R. Bard, Inc., Kimbrell Darnell, Edward Huckaby, Sharon Jackson, Samarat Khichi, Ellen Kondracki, John LaMontagne, Katherine McFalls, James McKinnon, Ronald Pasdon, John Richardson, Brooke Rickenbacker, Wayne Sandbo, Vivian Stephens, Leigh Taylor, Jeffrey Williams, Elizabeth Woody. (Cohen, Lori) |
| Filing 11 First Certificate of Interested Persons by Wheat 9120 GP, LLC, Wheat 9120, LLC. (Walker, Kindu) |
| Filing 10 Defendant Wheat 9120, LLC and Wheat 9120 GP, LLC's ANSWER to #1 NOTICE OF REMOVAL with Jury Demand ( Discovery ends on 4/22/2021.), First CROSSCLAIM against Becton, Dickinson and Company, C. R. Bard, Inc. with Jury Demand by Wheat 9120, LLC, Wheat 9120 GP, LLC.(Walker, Kindu) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 9 MOTION for Oral Argument re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Omnibus by Becton, Dickinson and Company, Boone Brothers, Elizabeth Bruette, C. R. Bard, Inc., Kimbrell Darnell, Edward Huckaby, Sharon Jackson, Samarat Khichi, Ellen Kondracki, John LaMontagne, Katherine McFalls, James McKinnon, Ronald Pasdon, John Richardson, Brooke Rickenbacker, Wayne Sandbo, Vivian Stephens, Leigh Taylor, Jeffrey Williams, Elizabeth Woody. (Cohen, Lori) |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Samarat Khichi, Ellen Kondracki, Elizabeth Woody. (Attachments: #1 Brief)(Cohen, Lori) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Boone Brothers, Elizabeth Bruette, Kimbrell Darnell, Edward Huckaby, Sharon Jackson, John LaMontagne, Katherine McFalls, James McKinnon, Ronald Pasdon, John Richardson, Brooke Rickenbacker, Wayne Sandbo, Vivian Stephens, Leigh Taylor, Jeffrey Williams. (Attachments: #1 Brief)(Cohen, Lori) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Becton, Dickinson and Company, C. R. Bard, Inc.. (Attachments: #1 Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Cohen, Lori) |
| Filing 5 NOTICE of Appearance by Kindu A. Walker on behalf of Wheat 9120 GP, LLC, Wheat 9120, LLC (Walker, Kindu) |
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Filing 4
EIGHTH 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 9/28/20. (eop)
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| Filing 3 Certificate of Interested Persons and Corporate Disclosure Statement by Becton, Dickinson and Company and C. R. Bard, Inc. identifying Other Affiliate: T. Rowe Price Group, Inc. for Becton, Dickinson and Company. (eop) |
| Filing 2 -DOCKETED IN ERROR- AMENDED COMPLAINT with Jury Demand against 9120 Wheat St. LLC, Becton, Dickinson and Company, Boone Brothers, C. R. Bard, Inc., John Does No. 1-10, Samarat Khichi, Ellen Kondracki, John Lamontagne, Ronald Pasdon and Elizabeth Woody filed by Michael E. Dauphin and Lisa D. Miller, MD..(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified text on 11/17/2020 (eop). Modified on 11/17/2020 (eop). |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by C. R. Bard, Inc. and Becton, Dickinson and Company. (Filing fee $ 400.00 receipt number AGANDC-10380972) (Attachments: #1 Ex-1, #2 Ex-2, #3 Ex-3, #4 Ex-4, #5 Ex-5, #6 Ex-6, #7 Ex-7, #8 Ex-8, #9 Ex-9, #10 Ex-10, #11 Ex-11, #12 Ex-12, #13 Ex-13, #14 Ex-14, #15 Ex-15, #16 Ex-16, #17 Ex-17, #18 Ex-18, #19 Ex-19, #20 Ex-20, #21 Ex-21, #22 Ex-22, #23 Ex-23, #24 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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