Lambert v. Johnson et al
| Eunice Lambert, Barbara Betts, Patricia Bell, Sherry Holmes, Victoria Snow, Charles Jones, Michael Dunn, Carolyn Washington, Teressa Taylor, Clarissa Coleman, Loretta Browman, Mark Pugh, Annie Williams, Tim Presnell, Tieese Smith and Schuyler Knight |
| Jay E. Johnson, Mark Legarda, Martin Russo, Matthew East, Doug Bondar, Mark Barnes, Nancy Livingston, Kendall Patient Recovery U.S., LLC, Cardinal Health, Inc. and John Doe Nos. 1-10 |
| 1:2023cv01542 |
| April 11, 2023 |
| US District Court for the Northern District of Georgia |
| Eleanor L Ross |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1446 pl Petition for Removal - Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 48 NOTICE of Appearance by Hannah Sbaity on behalf of Eunice Lambert (Sbaity, Hannah) |
| Submission of #45 MOTION for Oral Argument re #18 MOTION to Remand to State Court to District Judge Eleanor L. Ross. (mlb) |
| Filing 47 NOTICE by Doug Bondar, Matthew East re #42 Response in Opposition to Motion, Notice of Filing Correct Affidavit (Attachments: #1 Exhibit A - Affidavit of Doug Bondar, #2 Exhibit 1 - Affidavit of Doug Bondar)(Marlow, Timothy) |
| Filing 46 RESPONSE in Opposition re #45 MOTION for Oral Argument re #18 MOTION to Remand to State Court filed by Mark Barnes, Cardinal Health, Inc., Jay E. Johnson, Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, Martin Russo. (Thurlow, Matthew) |
| Filing 45 MOTION for Oral Argument re #18 MOTION to Remand to State Court by Eunice Lambert. (Penn, Darren) |
| Submission of #18 MOTION to Remand to State Court to District Judge Eleanor L. Ross. (mlb) |
| Filing 44 REPLY BRIEF re #18 MOTION to Remand to State Court filed by Eunice Lambert. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Penn, Darren) |
| Submission of #39 First MOTION for Discovery Venue Discovery to District Judge Eleanor L. Ross. (mlb) |
| Filing 43 REPLY to Response to Motion re #39 First MOTION for Discovery Venue Discovery filed by Eunice Lambert. (Penn, Darren) |
| Filing 42 RESPONSE in Opposition re #18 MOTION to Remand to State Court filed by Mark Barnes, Cardinal Health, Inc., Jay E. Johnson, Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, Martin Russo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Thurlow, Matthew) |
| Filing 41 RESPONSE in Opposition re #39 First MOTION for Discovery Venue Discovery filed by Doug Bondar, Matthew East. (Hatcher, R.) |
| Filing 40 RESPONSE in Opposition re #39 First MOTION for Discovery Venue Discovery filed by Mark Barnes, Cardinal Health, Inc., Jay E. Johnson, Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, Martin Russo. (Thurlow, Matthew) |
| Filing 39 First MOTION for Discovery Venue Discovery with Brief In Support by Eunice Lambert. (Attachments: #1 Brief Plaintiff's Brief in Support of Venue Discovery)(Penn, Darren) |
| Filing 38 REPLY BRIEF re #7 MOTION to Transfer Case to Southern District of Georgia Reply Brief in Support of Motion to Transfer Venue filed by Mark Barnes, Cardinal Health, Inc., Jay E. Johnson, Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, Martin Russo. (Thurlow, Matthew) |
| Filing 37 RESPONSE re #7 MOTION to Transfer Case to Southern District of Georgia, #10 MOTION to Transfer Case to U.S. SOUTHERN DISTRICT OF GEORGIA filed by Eunice Lambert. (Attachments: #1 Exhibit 1 - SOS Authority 2017, #2 Exhibit 2 - SOS Authority 2023, #3 Exhibit 3 - EPD Notice of Violation for KPR, #4 Exhibit 4 - KPR US LLC Nov Response Sept 2020)(Penn, Darren) |
| Member cases consolidated into Lead Case 1:23-cv-01542-ELR and Administratively Closed. Associated Cases: 1:23-cv-01542-ELR et al.(ceo) |
Filing 36
ORDER granting #35 Unopposed MOTION for Extension of Time to Respond to Complaints. The deadline to respond to Plaintiffs' complaints is EXTENDED until fourteen (14) days after resolution of the pending motion to transfer and motion to remand. Signed by Judge Eleanor L. Ross on 5/8/23. (ceo)
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| Filing 35 Unopposed MOTION for Extension of Time to Respond to Complaints with Brief In Support by Mark Barnes, Cardinal Health, Inc., Jay E. Johnson, Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, Martin Russo. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Thurlow, Matthew) |
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Filing 34
ORDER: The Court GRANTS the Moving Defendants' and Defendants Bondar and East's "Motion[s] to Consolidate Cases for Pre-Trial Purposes Only" #23 #25 , and CONSOLIDATES the following member cases into this lead case, Lambert v. Johnson, No. 1:23-CV-01542-ELR: Case Nos. 1:23-CV-01548-MHC; 1:23-CV-01553-MHC; 1:23-CV-01557-TWT; 1:23-CV-01562-LMM; 1:23-CV-01563-MHC; 1:23-CV-01566-JPB; 1:23-CV-01568-SEG; 1:23-CV-01571-AT; 1:23-CV-01564-ELR; 1:23-CV-01555-VMC; 1:23-CV-01565-MLB; 1:23-CV-01569-TWT; 1:23-CV-01572-SCJ; 1:23-CV-01573-LMM; and 1:23-CV-01574-MHC. Each member case shall maintain its designated case number. The Court DIRECTS the Parties to make any filings related to all of the consolidated member cases only on the docket of this lead case. The Court DIRECTS the Clerk to ADMINISTRATIVELY CLOSE the above member cases. Finally, the Court GRANTS Defendant Jay E. Johnson's "Motion for Extension of Time for Defendant Jay E. Johnson to Respond to Plaintiff's Motion to Remand." #32 . At present, Plaintiff's brief in response to Defendants' pending motions to transfer is due on or before May 12, 2023, and all Defendants' briefs in response to Plaintiff's pending motion to remand are due on or before May 25, 2023. Signed by Judge Eleanor L. Ross on 5/2/23. (ceo)
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| Filing 33 NOTICE of Appearance by Georgia Bennett on behalf of Jay E. Johnson (Bennett, Georgia) |
| Filing 32 MOTION for Extension of Time to Respond to re: #18 MOTION to Remand to State Court by Jay E. Johnson. (Attachments: #1 Text of Proposed Order)(Thurlow, Matthew) |
| Filing 31 NOTICE of Appearance by Matthew D. Thurlow on behalf of Jay E. Johnson (Thurlow, Matthew) |
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Filing 30
ORDER: Presently before the Court is Defendants' "Motion[s] for Extension of Time to Respond to Plaintiff's Motion to Remand." #28 #29 . By their instant motions, Defendants request that this Court extend their deadline to file briefs in response to Plaintiff Eunice Lambert's motion to remand #18 until May 25, 2023. For good cause shown, the Court GRANTS Defendants' motions. #28 #29 . Defendants' deadline to respond to Plaintiffs motion to remand is May 25, 2023. Signed by Judge Eleanor L. Ross on 4/28/23. (ceo)
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| Filing 29 MOTION for Extension of Time To Respond to Plaintiff's Motion to Remand re: #18 MOTION to Remand to State Court by Doug Bondar, Matthew East. (Hatcher, R.) |
| Filing 28 MOTION for Extension of Time to Respond to Plaintiff's Motion to Remand re: #18 MOTION to Remand to State Court with Brief In Support by Mark Barnes, Cardinal Health, Inc., Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, Martin Russo. (Attachments: #1 Proposed Order)(Thurlow, Matthew) |
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Filing 27
ORDER: The Court DENIES Plaintiff's motion. #19 . However, the Court EXTENDS Plaintiff's deadline to respond to Defendants' "Motion[s] to Transfer Case to Southern District of Georgia" until May 12, 2023. #7 #10 . Signed by Judge Eleanor L. Ross on 4/26/23. (ceo)
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| Filing 26 RESPONSE re #23 MOTION to Consolidate Cases for Pre-Trial Purposes Only, #25 MOTION to Consolidate Cases for Pre-Trial Purposes Only filed by Eunice Lambert. (Penn, Darren) |
| Filing 25 MOTION to Consolidate Cases for Pre-Trial Purposes Only by Doug Bondar, Matthew East. (Hatcher, R.) |
| Filing 24 REPLY to Response to Motion re #19 Emergency MOTION to Stay TIME FOR PLAINTIFFS RESPONSE TO DEFENDANTS MOTIONS TO TRANSFER filed by Eunice Lambert. (Penn, Darren) |
| Filing 23 MOTION to Consolidate Cases for Pre-Trial Purposes Only with Brief In Support by Mark Barnes, Cardinal Health, Inc., Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, Martin Russo. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Ezzell, William) |
| Submission of #19 Emergency MOTION to Stay TIME FOR PLAINTIFFS RESPONSE TO DEFENDANTS MOTIONS TO TRANSFER, to District Judge Eleanor L. Ross. (ceo) |
| Filing 22 BRIEF in Support re #19 Emergency MOTION to Stay TIME FOR PLAINTIFFS RESPONSE TO DEFENDANTS MOTIONS TO TRANSFER filed by Eunice Lambert. (Attachments: #1 Cover Letter)(ceo) |
| Filing 21 RESPONSE in Opposition re #19 Emergency MOTION to Stay TIME FOR PLAINTIFFS RESPONSE TO DEFENDANTS MOTIONS TO TRANSFER filed by Doug Bondar, Matthew East. (Hatcher, R.) |
| Filing 20 RESPONSE in Opposition re #19 Emergency MOTION to Stay TIME FOR PLAINTIFFS RESPONSE TO DEFENDANTS MOTIONS TO TRANSFER filed by Mark Barnes, Cardinal Health, Inc., Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, Martin Russo. (Bennett, Georgia) |
| Filing 19 Emergency MOTION to Stay TIME FOR PLAINTIFFS RESPONSE TO DEFENDANTS MOTIONS TO TRANSFER with Brief In Support by Eunice Lambert. (Attachments: #1 Brief IN SUPPORT OF EMERGENCY MOTION TO STAY TIME FOR PLAINTIFFS RESPONSE TO DEFENDANTS MOTIONS TO TRANSFER, #2 Text of Proposed Order Proposed Order)(Penn, Darren) |
| Clerk's Notation re #17 Certificate of Interested Persons/Corporate Disclosure Statement by Eunice Lambert. Read and approved by District Judge Eleanor L. Ross. (mlb) |
| APPROVAL by Clerks Office re: #16 APPLICATION for Admission of Matthew D. Thurlow Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12543972). Attorney Matthew D. Thurlow added appearing on behalf of Mark Barnes, Cardinal Health, Inc., Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, Martin Russo. (rvb) |
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MINUTE ORDER (by docket entry only) GRANTING #16 Application for Admission Pro Hac Vice of Matthew D. Thurlow. Approved by District Judge Eleanor L. Ross on 4/21/23. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(mlb)
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| Clerk's Certificate of Mailing (via email) to Attorney Matthew Thurlow as to Mark Barnes, Cardinal Health, Inc., Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, and Martin Russo regarding Order on Application for Admission PHV. (mlb) |
| Filing 18 MOTION to Remand to State Court with Brief In Support by Eunice Lambert. (Attachments: #1 Brief in Support of Motion to Remand)(Penn, Darren) |
| Filing 17 Certificate of Interested Persons by Eunice Lambert. (Penn, Darren) |
| Filing 16 APPLICATION for Admission of Matthew D. Thurlow Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12543972).by Mark Barnes, Cardinal Health, Inc., Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, Martin Russo. (Attachments: #1 Text of Proposed Order)(Bennett, Georgia) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 15 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Matthew D. Thurlow. Clerk to follow-up by 5/1/2023. (rvb) |
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Filing 14
ORDER: The Court GRANTS Defendants Bondar and East's #11 "Motion for Extension of Time to Respond to Complaint" and ORDERS that the time for Defendants to file a responsive pleading is extended until May 18, 2023. Signed by Judge Eleanor L. Ross on 4/18/23. (ceo)
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| Set Deadlines/Hearings: Mark Barnes answer due 5/18/2023; Doug Bondar answer due 5/18/2023; Cardinal Health, Inc. answer due 5/18/2023; Matthew East answer due 5/18/2023; Jay E. Johnson answer due 5/18/2023; Kendall Patient Recovery U.S., LLC answer due 5/18/2023; Mark Legarda answer due 5/18/2023; Nancy Livingston answer due 5/18/2023; Martin Russo answer due 5/18/2023. (ceo) |
| Clerks Notation re #12 Certificate of Interested Persons/Corporate Disclosure Statement by Doug Bondar and Matthew East. Read and approved by District Judge Eleanor L. Ross. (mlb) |
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Filing 13
ORDER: The Court GRANTS Defendants' Motion for an Extension of Time To Respond to Plaintiff's Complaint #8 , and Defendants' responsive pleading deadline is extended to and including May 18, 2023. Signed by Judge Eleanor L. Ross on 4/17/23. (ceo)
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| Filing 12 Certificate of Interested Persons by Doug Bondar, Matthew East. (Hatcher, R.) |
| Filing 11 MOTION to Stay or, in the Alternative, MOTION for Extension of Time to Respond to Complaint by Doug Bondar, Matthew East. (Hatcher, R.) . Added MOTION for Extension of Time on 4/18/2023 (ceo). |
| Filing 10 MOTION to Transfer Case to U.S. SOUTHERN DISTRICT OF GEORGIA by Doug Bondar, Matthew East. (Hatcher, R.) |
| Filing 9 NOTICE of Errata by Mark Barnes, Cardinal Health, Inc., Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, Martin Russo re #1 Notice of Removal, (Bennett, Georgia) Modified on 4/17/2023 to edit docket text (pdt). |
| Filing 8 MOTION to Stay or, in the alternative, MOTION for Extension of Time to Respond to Complaint with Brief In Support by Mark Barnes, Cardinal Health, Inc., Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, Martin Russo. (Attachments: #1 Brief in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Text of Proposed Order)(Bennett, Georgia) . Added MOTION for Extension of Time on 4/18/2023 (ceo). |
| Clerks Notation re #4 Certificate of Interested Persons/Corporate Disclosure Statement by Mark Barnes, Doug Bondar, Cardinal Health, Inc., John Doe Nos. 1-10, Matthew East, Jay E. Johnson and Kendall Patient Recovery U.S., LLC. Read and approved by District Judge Eleanor L. Ross. (mlb) |
| Filing 7 MOTION to Transfer Case to Southern District of Georgia with Brief In Support by Mark Barnes, Cardinal Health, Inc., Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, Martin Russo. (Attachments: #1 Brief in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Text of Proposed Order Granting Motion)(Ezzell, William) |
| Filing 6 NOTICE of Appearance by Timothy Burns Marlow on behalf of Doug Bondar, Matthew East (Marlow, Timothy) |
| Filing 5 NOTICE of Appearance by R. Brent Hatcher on behalf of Doug Bondar, Matthew East (Hatcher, R.) |
| Filing 4 Certificate of Interested Persons and Corporate Disclosure Statement by Kendall Patient Recovery U.S., LLC, Cardinal Health, Inc., Martin Russo, Mark Legarda, Mark Barnes, and Nancy Livingston. (Ezzell, William) Modified on 4/21/2023 to correct docket text and filers (pdt). |
| Filing 3 NOTICE by Mark Barnes, Cardinal Health, Inc., Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, Martin Russo Notice of Related Cases (Bennett, Georgia) |
| Filing 2 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Kendall Patient Recovery U.S., LLC, Mark Legarda, Mark Barnes, Nancy Livingston, Martin Russo, Cardinal Health, Inc. (Filing fee $ 402 receipt number AGANDC-12520152) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Civil Cover Sheet)(tas) 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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