Thompson vs. Smith & Nephew, Inc. et al
| Smith & Nephew, Inc., Kristi Buff-Thompson and Smith |
| Donald A. Mitzelfelt, M.D. |
| 1:2019cv01232 |
| July 9, 2019 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| James E Shadid |
| Tort Product Liability |
| 28:1332 |
| Both |
Docket Report
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TEXT ONLY ORDER: Defendant Smith & Nephew, Inc. filed #23 Motion to Dismiss for Lack of Prosecution and #24 Supplemental Memorandum in Support of Motion to Dismiss. The basis for the Motion to Dismiss is Plaintiff's failure to follow the scheduling order and provide timely responses to requests for discovery. Defendant's Motion to Dismiss and Supplemental Memorandum will not be considered until the parties have met with Magistrate Hawley to address any discovery disputes. The Magistrate is directed to schedule a phone conference with the parties to address discovery disputes. Entered by Judge James E. Shadid on 02/24/2020. (LR, ilcd)
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| Filing 25 NOTICE of Appearance of Attorney by Joshua Erik Bidzinski on behalf of Smith & Nephew, Inc. (Bidzinski, Joshua) |
| Filing 24 MOTION to Supplement #23 MOTION to Dismiss for Lack of Prosecution by Defendant Smith & Nephew, Inc.. Responses due by 3/5/2020 (Attachments: #1 Exhibit)(Buckley, Shannon) |
| Filing 23 MOTION to Dismiss for Lack of Prosecution by Defendant Smith & Nephew, Inc.. Responses due by 2/27/2020 (Buckley, Shannon) |
| Filing 22 CERTIFICATE OF SERVICE by Kristi Buff-Thompson Certificate of Service (Halliday, Patrick) |
| Filing 21 TEXT ORDER by U.S. Magistrate Judge Jonathan E. Hawley: The Court adopts the Discovery Plan #20 . Discovery due by 10/26/20. Dispositive Motions due by 11/20/20. Final Pretrial Conference set for 3/25/2021 at 2:00 PM and Jury Trial set for 4/26/2021 at 9:00 AM, BOTH in Courtroom A before District Judge Shadid. Rule 16 conference set 11/22/2019 is VACATED. Court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are expected to review Judge Hawleys Standing Order that was revised on 12/6/2018. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. Parties are reminded of option of Court sponsored mediation/Settlement Conference. Counsel/Parties are reminded of the importance of appearing for hearings scheduled via telephone. Failure to appear will result in in-person appearances for all further proceedings. Entered: 11/20/2019. (WG, ilcd) |
| Filing 20 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Smith & Nephew, Inc.. (Buckley, Shannon) |
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TEXT ONLY ORDER granting Defendant's unopposed Motion #15 to Dismiss for Failure to State a Claim. Plaintiff was previously warned that a failure to respond to the alleged deficiencies identified in a motion to dismiss will result in dismissal. See Alioto v. Town of Lisbon, 651 F.3d 715, 721 (7th Cir. 2011). Plaintiff has filed no response to the motion. Counts II and III are hereby dismissed with prejudice. Entered by Judge James E. Shadid on 11/12/2019. (LR, ilcd)
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| Set/Reset Deadlines/Hearings as to #15 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Responses due by 11/8/2019 (JS, ilcd) |
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TEXT ONLY ORDER: Plaintiff has failed to respond to Defendant's Motion #15 to Dismiss. Plaintiff has previously been admonished that a failure to respond to a motion to dismiss may result in dismissal. See Order #11 at 8-9. Plaintiff is DIRECTED to respond to the Second Motion #15 to Dismiss on or before 11/8/2019. A failure to timely respond to the Motion or the arguments contained therein will result in dismissal with prejudice. Entered by Judge James E. Shadid on 11/06/2019. (LR, ilcd)
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Filing 19
QUALIFIED HIPAA PROTECTIVE ORDER. The Agreed Motion for Entry of Qualified HIPAA Protective Order #18 is granted. Entered by Magistrate Judge Jonathan E. Hawley on 11/4/2019. (KZ, ilcd)
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| Filing 18 MOTION for Protective Order by Defendant Smith & Nephew, Inc.. Responses due by 11/15/2019 (Attachments: #1 Text of Proposed Order)(Buckley, Shannon) |
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Filing 17
TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 11/22/2019 at 9:45 AM via telephone (Court to set up the call). If Counsel are to be reached at a number different than what is listed on the docket sheet, they are directed to phone Judge Hawley's courtroom deputy at 309-671-7117 and confirm the phone number where they may be reached for the call. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 11/19/2019. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 10/22/2019. (WG, ilcd)
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| Filing 16 MEMORANDUM in Support re #15 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Smith & Nephew, Inc.. (Buckley, Shannon) |
| Filing 15 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Smith & Nephew, Inc.. Responses due by 11/4/2019 (Buckley, Shannon) |
| Filing 14 ANSWER to Complaint AND AFFIRMATIVE DEFENSES by Smith & Nephew, Inc..(Buckley, Shannon) |
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TEXT ORDER granting #12 Motion for Leave to File. Amended Complaint #13 is accepted as filed simultaneously with this motion. Entered by Magistrate Judge Jonathan E. Hawley on 10/8/19. (WG, ilcd)
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| Filing 13 AMENDED COMPLAINT First against Smith & Nephew, Inc., filed by Kristi Buff-Thompson.(Halliday, Patrick) |
| Filing 12 First MOTION for Leave to File Amended Complaint Instanter by Plaintiff Kristi Buff-Thompson. Responses due by 10/21/2019 (Halliday, Patrick) |
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Filing 11
ORDER AND OPINION entered by Judge James E. Shadid on 9/13/2019. For the reasons set forth above, Defendant SNI's Motion (Doc. 5) is GRANTED in part and DENIED in part, and Respondent Mitzelfelt's Motion (Doc. 7) is GRANTED. The Clerk is directed to dismiss Respondent Mitzelfelt from the case. Plaintiff may file an amended complaint curing the deficiencies identified above with 21 days of this Order. See full written Order. (Amended Pleading Deadline 10/4/2019.)(VH, ilcd)
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| Filing 10 MEMORANDUM in Opposition re #5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Kristi Buff-Thompson. (Halliday, Patrick) |
| Filing 9 RESPONSE to Motion re #5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Kristi Buff-Thompson. (Halliday, Patrick) |
| Filing 8 MEMORANDUM re #7 MOTION to Dismiss by Donald A. Mitzelfelt, M.D.. (Miller, Kevin) |
| Filing 7 MOTION to Dismiss by Respondent Donald A. Mitzelfelt, M.D.. Responses due by 8/26/2019 (Miller, Kevin) |
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TEXT ONLY ORDER directing Plaintiff to respond to Defendant's Motion #5 to Dismiss for Failure to State a Claim. The original response deadline was 7/30/2019. The Court now extends Plaintiff's response deadline to 8/13/2019. If Plaintiff does not respond by that date, the Court may resolve the motion based on Defendant's filing alone. Entered by Judge James E. Shadid on 08/06/2019. (EP, ilcd)
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| Filing 6 MEMORANDUM in Support re #5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Smith & Nephew, Inc.. (Attachments: #1 Exhibit A - Plaintiff's Complaint)(Monaco, Anthony) |
| Filing 5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Smith & Nephew, Inc.. Responses due by 7/30/2019 (Monaco, Anthony) |
| Filing 4 NOTICE of Appearance of Attorney by Anthony J Monaco on behalf of Smith & Nephew, Inc. (Monaco, Anthony) |
| Filing 3 Exhibit Corporate Disclosure Statement by Smith & Nephew, Inc.. (Buckley, Shannon) |
| Filing 2 NOTICE of Appearance of Attorney by Shannon E Buckley on behalf of Smith & Nephew, Inc. (Buckley, Shannon) |
| Filing 1 NOTICE OF REMOVAL from Tazewell County Circuit Court, case number 2019L000024 (Filing fee $ 400 receipt number 0753-3144790), filed by Smith & Nephew, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Civil Cover Sheet)(Buckley, Shannon) |
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