Presnell v. Johnson et al
Plaintiff: Tim Presnell
Defendant: 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
Case Number: 1:2023cv01572
Filed: April 11, 2023
Court: US District Court for the Northern District of Georgia
Presiding Judge: Steve C Jones
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1446 pl Petition for Removal - Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 9, 2023 Member cases consolidated into Lead Case 1:23-cv-01542-ELR and Administratively Closed. Associated Cases: 1:23-cv-01542-ELR et al.(ceo)
May 2, 2023 Civil Case Terminated. (ceo)
May 1, 2023 Filing 30 NOTICE of Appearance by Georgia Bennett on behalf of Jay E. Johnson (Bennett, Georgia)
May 1, 2023 Filing 29 MOTION for Extension of Time to Respond to re: #17 MOTION to Remand to State Court by Jay E. Johnson. (Attachments: #1 Text of Proposed Order)(Thurlow, Matthew)
May 1, 2023 Filing 28 NOTICE of Appearance by Matthew D. Thurlow on behalf of Jay E. Johnson (Thurlow, Matthew)
April 27, 2023 Filing 27 MOTION for Extension of Time To Respond to Plaintiff's Motion to Remand re: #17 MOTION to Remand to State Court by Doug Bondar, Matthew East. (Hatcher, R.)
April 27, 2023 Filing 26 MOTION for Extension of Time to Respond to Plaintiff's Motion to Remand re: #17 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)
April 26, 2023 Opinion or Order Filing 25 ORDER DENYING Plaintiff's Emergency Motion to Stay Time for Plaintiff's Response to Defendants' Motion to Transfer (Doc. No. #18 ). The Court further exercises its discretion to GRANT the alternative reply brief request (Doc. No. #21 , 10) for an extension of the current deadline/time to respond to Defendants' Motions to Transfer (Doc. Nos. #8 , #10 ). To this regard, Plaintiff shall have until May 10, 2023 to file a response brief to said Motions. Signed by Judge Steve C. Jones on 04/26/2023. (ddm)
April 25, 2023 Filing 24 RESPONSE re #22 MOTION to Consolidate Cases for Pre-Trial Purposes Only, #23 MOTION to Consolidate Cases for Pre-Trial Purposes Only filed by Tim Presnell. (Penn, Darren)
April 25, 2023 Filing 23 MOTION to Consolidate Cases for Pre-Trial Purposes Only by Doug Bondar, Matthew East. (Hatcher, R.)
April 25, 2023 Filing 22 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)
April 25, 2023 Filing 21 REPLY to Response to Motion re #18 Emergency MOTION to Stay Time for Plaintiff's Responses to Defendants' Motions to Transfer filed by Tim Presnell. (Penn, Darren)
April 24, 2023 Filing 20 RESPONSE in Opposition re #18 Emergency MOTION to Stay Time for Plaintiff's Responses to Defendants' Motions to Transfer filed by Doug Bondar, Matthew East. (Hatcher, R.)
April 24, 2023 Filing 19 RESPONSE in Opposition re #18 Emergency MOTION to Stay Time for Plaintiff's Responses 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) Modified on 4/24/2023 to edit docket text (ddm).
April 24, 2023 Opinion or Order DOCKET ORDER granting #15 Application for Admission Pro Hac Vice of Matthew D. Thurlow. Entered by Judge Steve C. Jones on 4/24/2023. 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.(pdw)
April 24, 2023 Opinion or Order DOCKET ORDER: The Court ORDERS that Plaintiff shall file a reply brief concerning his Emergency Motion to Stay (Doc. No. #18 ) by 12 p.m., April 25, 2023. Entered by Judge Steve C. Jones on 4/24/2023. (pdw)
April 21, 2023 Filing 18 Emergency MOTION to Stay Time for Plaintiff's Responses to Defendants' Motions to Transfer with Brief In Support by Tim Presnell. (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) Modified on 4/24/2023 to edit docket text (ddm).
April 21, 2023 APPROVAL by Clerks Office re: #15 APPLICATION for Admission of Matthew D. Thurlow Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12543988). 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)
April 20, 2023 Filing 17 MOTION to Remand to State Court with Brief In Support by Tim Presnell. (Attachments: #1 Brief in Support of Motion to Remand)(Penn, Darren)
April 20, 2023 Filing 16 Certificate of Interested Persons by Tim Presnell. (Penn, Darren)
April 20, 2023 Filing 15 APPLICATION for Admission of Matthew D. Thurlow Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12543988).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.
April 19, 2023 Filing 14 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)
April 18, 2023 Opinion or Order Filing 13 ORDER GRANTING the alternative motions for extensions of time (Doc. Nos. #9 , #11 ). Defendants' responsive pleading deadline is extended to and including May 18, 2023. Defendants' substantive Motions to Stay (Doc. Nos. #9 , #11 ) remain pending and will be decided after the time period for briefing in accordance with Local Rule 7.1, NDGa. Signed by Judge Steve C. Jones on 04/18/2023. (ddm)
April 17, 2023 Filing 12 Certificate of Interested Persons by Doug Bondar, Matthew East. (Hatcher, R.)
April 17, 2023 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 to File Answer on 4/17/2023 (ddm).
April 14, 2023 Filing 10 MOTION to Transfer Case to U.S. SOUTHERN DISTRICT OF GEORGIA by Doug Bondar, Matthew East. (Hatcher, R.)
April 14, 2023 Filing 9 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 to File Answer on 4/14/2023 (ddm).
April 13, 2023 Filing 8 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 Text of Proposed Order Granting Motion)(Ezzell, William)
April 13, 2023 Filing 7 NOTICE of Appearance by Timothy Burns Marlow on behalf of Doug Bondar, Matthew East (Marlow, Timothy)
April 13, 2023 Filing 6 NOTICE of Appearance by R. Brent Hatcher on behalf of Doug Bondar, Matthew East (Hatcher, R.)
April 13, 2023 Filing 5 Certificate of Interested Persons and Corporate Disclosure Statement by Mark Barnes, Doug Bondar, Cardinal Health, Inc., John Doe Nos. 1-10, Matthew East, Jay E. Johnson, Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, Martin Russo identifying Corporate Parent Cardinal Health, Inc. for Kendall Patient Recovery U.S., LLC. (Ezzell, William)
April 12, 2023 Filing 4 NOTICE of Related Cases by Mark Barnes, Cardinal Health, Inc., Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, Martin Russo. (Bennett, Georgia) Modified on 4/13/2023 to edit docket text (ddm).
April 11, 2023 Filing 3 BRIEF Regarding Assignment of Related Cases re #2 MOTION in Support of Notice of Related Cases filed by Tim Presnell. (Filed originally in state court of Gwinnett County on 4/6/2023) (adg)
April 11, 2023 Filing 2 MOTION in Support of Notice of Related Cases by Mark Barnes, Doug Bondar, Cardinal Health, Inc., Matthew East, Jay E. Johnson, Kendall Patient Recovery U.S., LLC, Mark Legarda, Nancy Livingston, Martin Russo. (Filed originally in state court of Gwinnett County on 4/3/2023) (adg)
April 11, 2023 Filing 1 NOTICE OF REMOVAL with COMPLAINT, filed by Kendall Patient Recovery U.S., LLC, Martin Russo, Mark Legarda, Nancy Livingston, Mark Barnes, Cardinal Health, Inc. (Filing fee $ 402 receipt number AGANDC-12521787). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(adg) 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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Search for this case: Presnell v. Johnson et al
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Plaintiff: Tim Presnell
Represented By: Alexandra Cole
Represented By: Darren W. Penn
Represented By: John David Hadden
Represented By: Kevin M. Ketner
Represented By: William L. Ballard
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Defendant: Jay E. Johnson
Represented By: Georgia Bennett
Represented By: Matthew D. Thurlow
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Defendant: Mark Legarda
Represented By: Georgia Bennett
Represented By: S. Derek Bauer
Represented By: William Douglas Ezzell
Represented By: Matthew D. Thurlow
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Defendant: Martin Russo
Represented By: Georgia Bennett
Represented By: S. Derek Bauer
Represented By: William Douglas Ezzell
Represented By: Matthew D. Thurlow
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Defendant: Matthew East
Represented By: Timothy Burns Marlow
Represented By: R. Brent Hatcher
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Defendant: Doug Bondar
Represented By: R. Brent Hatcher
Represented By: Timothy Burns Marlow
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Defendant: Mark Barnes
Represented By: Georgia Bennett
Represented By: S. Derek Bauer
Represented By: William Douglas Ezzell
Represented By: Matthew D. Thurlow
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Defendant: Nancy Livingston
Represented By: Georgia Bennett
Represented By: S. Derek Bauer
Represented By: William Douglas Ezzell
Represented By: Matthew D. Thurlow
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Defendant: Kendall Patient Recovery U.S., LLC
Represented By: Georgia Bennett
Represented By: S. Derek Bauer
Represented By: Wesley Ross
Represented By: William Douglas Ezzell
Represented By: Matthew D. Thurlow
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Defendant: Cardinal Health, Inc.
Represented By: Georgia Bennett
Represented By: S. Derek Bauer
Represented By: Wesley Ross
Represented By: William Douglas Ezzell
Represented By: Matthew D. Thurlow
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Defendant: John Doe Nos. 1-10
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