Crist v. Medtronic, Inc. et al
| Michael D. Crist and Maryann E. Crist |
| Covidien LP, Susan Heidsieck, Michelle Miyasoto, Doe Defendants 1-100 and Medtronic, Inc. |
| 1:2021cv00162 |
| March 24, 2021 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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| Filing 26 REPLY Memorandum to Defendants' Opposition [ECF No. #25 ] to #19 Plaintiffs' MOTION for an Order of Remand to the Circuit Court of the First Circuit, State Court filed by Maryann E. Crist, Michael D. Crist. (Attachments: #1 Certificate of Service)(Ozak, Laura) Modified on 5/20/2021 (emt, ). |
| Filing 25 MEMORANDUM in Opposition re #19 MOTION to Remand to State Court [MEDTRONIC, INC. AND COVIDIEN LP'S MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION FOR AN ORDER OF REMAND TO THE CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAII [DOC 19]; EXHIBITS 1-2; CERTIFICATE OF SERVICE] filed by Covidien LP, Medtronic, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service)(Fukunaga, Kenneth) |
| Filing 24 EO: The hearing on #19 Plaintiffs' Motion for an Order of Remand to the Circuit Court of the First Circuit, State of Hawai`i is SET for 6/10/21 at 9:00 AM before DISTRICT JUDGE JILL A. OTAKE. Opposition due by 5/13/21, Reply due by 5/20/21. The hearing will be conducted by video teleconference (VTC). The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled VTC. Participants must connect to the VTC at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court.All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference (audio only) with the information provided below:1. Dial 1-650-479-3207.2. Enter your Access Code (1607265019) The Court reminds all participants that they are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion. (shm) |
| Filing 23 Errata re #19 Plaintiff's MOTION to Remand to State Court , 20 Errata Attorney Statement of LR 7.8 compliance. (Attachments: #1 Exhibit Statement Declaration of Attorney Ozak, #2 Certificate of Service COS re Errata & Ex A (Attorney Dec))(Ozak, Laura) Modified on 4/26/2021 (emt, ). |
| Filing 22 EO: The Telephonic Rule 16 Scheduling Conference set for 4/26/2021 is CONTINUED to 7/8/2021 at 09:00AM before MAGISTRATE JUDGE ROM TRADER. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 21 EO: Plaintiffs filed a #19 Motion for an Order of Remand to the Circuit Court of the First Circuit, State of Hawaii without complying with Local Rule 7.8 or the General Civil Case Procedures Before Judge Otake. Local Rule 7.8 requires counsel for the movant to "discuss thoroughly... the substance of the contemplated motion and any potential partial or complete resolution" at least seven days before the motion is filed. If the parties are unable to reach resolution eliminating the necessity of the motion, the Court's General Civil Case Procedures further requires counsel for the movant to "include with the motion a statement indicating the date, duration, and communication method of the conference and the participants in the conference." The statement must additionally "detail the issues discussed and resolved during the conference and the issues remaining." Plaintiffs must file a statement complying with all necessary requirements by 4/23/21. Failure to do so may result in the striking or denial of the Motion. (JUDGE JILL A. OTAKE)(otake1) Modified on 4/20/2021 duplicate entry, refer to ECF No. 20 (emt, ). |
| Filing 20 EO: Plaintiffs filed a #19 Motion for an Order of Remand to the Circuit Court of the First Circuit, State of Hawai'i without complying with Local Rule 7.8 or the General Civil Case Procedures Before Judge Otake. Local Rule 7.8 requires counsel for the movant to "discuss thoroughly... the substance of the contemplated motion and any potential partial or complete resolution" at least seven days before the motion is filed. If the parties are unable to reach resolution eliminating the necessity of the motion, the Court's General Civil Case Procedures further requires counsel for the movant to "include with the motion a statement indicating the date, duration, and communication method of the conference and the participants in the conference." The statement must additionally "detail the issues discussed and resolved during the conference and the issues remaining." Plaintiffs must file a statement complying with all necessary requirements by 4/23/21. Failure to do so may result in the striking or denial of the Motion. (JUDGE JILL A. OTAKE)(shm) |
| Filing 19 MOTION to Remand to State Court Laura E. Ozak appearing for Plaintiffs Maryann E. Crist, Michael D. Crist (Attachments: #1 Certificate of Service COS re Motion for Remand)(Ozak, Laura) |
| ADVISORY ENTRY. Please be advised that ECF No. 21 Minute Order is duplicative of the previous entry, ECF No. 20 . The parties may disregard ECF No. 21 . (emt, ) |
| Filing 18 Scheduling Conference Statement [DEFENDANTS MEDTRONIC, INC., AND COVIDIEN LP'S SCHEDULING CONFERENCE STATEMENT PURSUANT TO LOCAL RULE 16.2(B); CERTIFICATE OF SERVICE]. (Attachments: #1 Certificate of Service)(Fukunaga, Kenneth) |
| Filing 17 Plaintiff's Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Ozak, Laura) Modified on 4/20/2021 (emt, ). |
| Filing 16 EO: Dial-in instructions for the Telephonic Rule 16 Scheduling Conference set for 4/26/2021 at 9:00 a.m. before Magistrate Judge Trader are listed below.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing.1. Dial 1-888-363-47352. Access Code 2070326 (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 15 SUPPLEMENT Certificate of Service re #14 Scheduling Conference Statement Joint Report of Parties' FRCP Rule 26(f) and LR 26.1 Planning Conference filed by Maryann E. Crist, Michael D. Crist by Maryann E. Crist, Michael D. Crist COS re Joint Statement. (Ozak, Laura) Modified on 4/13/2021 (emt, ). |
| Filing 14 Scheduling Conference Statement Joint Report of Parties' FRCP Rule 26(f) and LR 26.1 Planning Conference . (Ozak, Laura) Modified on 4/13/2021 (emt, ). |
Filing 13
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO BRYAN T. PRATT re #12 - Signed by MAGISTRATE JUDGE ROM TRADER on 4/8/2021. (emt, )
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| Filing 12 MOTION for Pro Hac Vice [RE: BRYAN T. PRATT] Filing fee $ 300, receipt number 0975-2507880.Kenneth K. Fukunaga appearing for Defendants Covidien LP, Medtronic, Inc. (Fukunaga, Kenneth) |
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Filing 11
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO JOHN LAWRENCE ACKLEY re #9 - Signed by MAGISTRATE JUDGE ROM TRADER on 4/1/2021. (emt, )
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Filing 10
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ANDREA J. STEELE re #8 - Signed by MAGISTRATE JUDGE ROM TRADER on 4/1/2021. (emt, )
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| Filing 9 MOTION for Pro Hac Vice [Re: John Lawrence Ackley] Filing fee $ 300, receipt number 0975-2504842.Kenneth K. Fukunaga appearing for Defendants Covidien LP, Medtronic, Inc. (Fukunaga, Kenneth) |
| Filing 8 MOTION for Pro Hac Vice [Re: ANDREA J. STEELE] Filing fee $ 300, receipt number 0975-2504832.Kenneth K. Fukunaga appearing for Defendants Covidien LP, Medtronic, Inc. (Fukunaga, Kenneth) |
| Filing 7 EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake on the court's website. (JUDGE JILL A. OTAKE)(otake1) |
| Filing 6 MEDTRONIC, INC. AND COVIDIEN LP'S ANSWER to Complaint ; CERTIFICATE OF SERVICE by Covidien LP, Medtronic, Inc.. (Attachments: #1 Certificate of Service)(Fukunaga, Kenneth) Modified on 3/31/2021 Defendant Covidien demands a trial by jury, see page 15. (emt, ). |
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Filing 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 9:00AM on 4/26/2021 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/24/2021. (Attachments: #1 Memo Re: Corporate Disclosures) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT.(jni)
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| Filing 4 NOTICE of Case Assignment: Please reflect Civil case number CV 21-00162 JAO-RT on all further pleadings.(jni) |
| Filing 3 Corporate Disclosure Statement by Covidien LP, Medtronic, Inc.. (Fukunaga, Kenneth) |
| Filing 2 CIVIL Cover Sheet by Covidien LP, Medtronic, Inc.. (Fukunaga, Kenneth) |
| Filing 1 NOTICE OF REMOVAL by Covidien LP, Medtronic, Inc. [NOTICE OF REMOVAL; EXHIBITS 1, 2, AND 3; CERTIFICATE OF SERVICE] from First Circuit Court, case number 1CCV-21-0000013. ( Filing fee $ 402 receipt number 0975-2502027), filed by Covidien LP, Medtronic, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Certificate of Service)(Fukunaga, Kenneth) |
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