Morris III v. Biotronik, Inc.
| John Morris III |
| Biotronik, Inc., John Does 1-10, Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10, Roe Non-Profit Corporations 1-10 and Roe Governmental Entities 1-10 |
| 1:2021cv00509 |
| December 27, 2021 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| ROM TRADER |
| DERRICK K WATSON |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 23, 2022. A more recent docket listing may be available from PACER.
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Filing 20
ORDER (1) GRANTING MOTION TO TRANSFER, (2) HOLDING IN ABEYANCE MOTION TO DISMISS, AND (3) TRANSFERRING ACTION TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON re #13 - Signed by JUDGE DERRICK K. WATSON on 2/23/2022. For the reasons set forth herein, the Court GRANTS the motion, Dkt. No. 13, to the extent that the Clerk of Court is directed to TRANSFER this case to the United States District Court for the District of Oregon. Because of said transfer, the Court declines to address that part of the motion seeking to dismiss this action and holds the same in abeyance pending transfer. (eta)
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| Case transferred to District of Oregon. Original file, copy of transfer order, and docket sheet sent via CM/ECF. (eta) |
| Filing 19 EO: Having reviewed the parties' briefing on Defendant's motion to transfer venue and/or motion to dismiss ("motion"), Dkt. No. 13, pursuant to Local Rule 7.1(c), the Court elects to decide the motion without a hearing. As a result, the February 25, 2022 hearing, Dkt. No. 14, is VACATED and the motion is taken under advisement. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 18 REPLY to Plaintiff's Opposition to #13 MOTION to Dismiss and/or Transfer Venue filed by Biotronik, Inc.. (Hanchett, Todd) Modified on 2/14/2022 (eta). |
| Filing 17 MEMORANDUM in Opposition re #13 MOTION to Dismiss and/or Transfer Venue filed by John Morris III. (Attachments: #1 Declaration of Plaintiff, #2 Declaration of Counsel, #3 Exhibit 1, #4 Certificate of Service)(Barbour, Rechelle) |
| Filing 16 EO: The Telephonic Rule 16 Scheduling Conference set for 1/31/2022 is CONTINUED to 3/22/2022 at 08:45AM before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 15 INITIAL DISCLOSURE by John Morris III. (Barbour, Rechelle) |
| Filing 14 EO: The Court sets #13 Defendant Biotronik, Inc.'s Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) and/or Motion to Dismiss Pursuant to Rule 12(b)(6), for hearing on February 25, 2022, at 10:00 a.m. in Aha Kupono before Judge Derrick K. Watson. Briefing shall be in accordance with Local Rule 7.2 based upon the hearing date. IT IS SO ORDERED.(tyk) |
| Filing 13 MOTION to Dismiss and/or Transfer Venue Pursuant to 28 U.S.c. 140(a) and/or Motion to Dismiss Pursuant to Rule 12(b)(6); Memorandum in Support of Motion; Declaration of Todd A. Hanchett; Certificate of Compliance; Certificate of Service Todd A. Hanchett appearing for Defendant Biotronik, Inc. (Hanchett, Todd) Modified on 1/14/2022 (eta). . Added MOTION to Change Venue on 2/23/2022 (eta). |
| Filing 12 REPORT of Planning Meeting ; Certificate of Service. (Barbour, Rechelle) |
| Filing 11 NOTICE of Case Reassignment; Case reassigned to MAGISTRATE JUDGE WES REBER PORTER for all further proceedings. MAGISTRATE JUDGE ROM TRADER no longer assigned to case Please reflect Civil case number CV 21-00509DKW-WRP on all further pleadings. (apg) |
| Filing 10 EO: On 1/4/22, a [ECF #8 ] Stipulation for Extension of Time for Defendant Biotronik, Inc. to Answer or Otherwise Respond to Complaint ("Stipulation") was filed. The Stipulation indicates that it is being submitted "for approval." However, the Stipulation is not incompliance with LR10.5. There is no signature line for the Court's approval and the document has been filed without the Court's signature. Nevertheless, after carefully reviewing the document, the Court approves of the Stipulation. Counsel are reminded that in the future, stipulations must comply with LR10.5. Stipulations seeking court approval must be sent by email to the Court's orders box for approval, signature, and filing. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 9 TRANSMITTAL of DOCUMENTS from the Circuit Court of the First Circuit, State of Hawaii, 1CCV-21-0001485. (eta) |
| Filing 8 STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT BIOTRONIK, INC. TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by Biotronik, Inc.. (Lovejoy, Sharon) |
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Filing 7
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO TODD A. HANCHETT re: #6 - Signed by MAGISTRATE JUDGE ROM TRADER on 12/29/2021. TODD A. HANCHETT, ESQ. (Firm: Stoel Rives LLP) added as attorney Pro Hac Vice for Defendant Biotronik, Inc. (jo)
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| Filing 6 MOTION for Pro Hac Vice Appearance of Todd A. Hanchett Filing fee $ 300, receipt number AHIDC-2624691.Sharon V. Lovejoy appearing for Defendant Biotronik, Inc. (Lovejoy, Sharon) |
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Filing 5
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 1/31/2022 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 12/27/2021. (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 21-00509 DKW-RT on all further pleadings. (jni) |
| Filing 3 Corporate Disclosure Statement by Biotronik, Inc. identifying Corporate Parent MS Holding II SE for Biotronik, Inc... (Lovejoy, Sharon) |
| Filing 2 CIVIL Cover Sheet by Biotronik, Inc.. (Lovejoy, Sharon) |
| Filing 1 NOTICE OF REMOVAL by Biotronik, Inc. from Circuit Court of the First Circuit, State of Hawaii, case number 1CCV-21-0001485. ( Filing fee $ 402 receipt number AHIDC-2624048), filed by Biotronik, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Certificate of Service)(Lovejoy, Sharon) |
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