Lane v. Medtronic et al

Plaintiff: Dustin M Lane
Defendant: Lola Velazquez-Aquilu, Omar Ishrak, Matt Mcollum, Medtronic and Sofamordanek
Case Number: 2:2019cv02309
Filed: November 13, 2019
Court: US District Court for the Central District of Illinois
Presiding Judge: Colin Stirling Bruce
Referring Judge: Eric I Long
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 15, 2020 Filing 35 AMENDED JUDGMENT entered (SKR, ilcd)
June 15, 2020 TEXT ORDER Entered by Judge Colin Stirling Bruce on 6/15/20. Defendants' Motion to Correct Ministerial Error #34 is GRANTED. The clerk is directed to amend the Judgment #33 to reflect that the case was dismissed with prejudice, as stated in the court's Order #32 of June 8, 2020. (SKR, ilcd)
June 12, 2020 Filing 34 MOTION Correct Ministerial Error re #33 Judgment by Defendants Omar Ishrak, Matt Mcollum, Medtronic, Sofamordanek, Lola Velazquez-Aquilu. Responses due by 6/26/2020 (Thies, John)
June 8, 2020 Filing 33 JUDGMENT entered (SKR, ilcd)
June 8, 2020 Filing 32 ORDER Entered by Judge Colin Stirling Bruce on 6/8/20. IT IS THEREFORE ORDERED: Defendants' Joint Motion to Dismiss #29 is GRANTED. This case is dismissed with prejudice. Judgment to enter in favor of Defendants and against Plaintiffs. This case is terminated. SEE WRITTENN ORDER. (SKR, ilcd)
May 15, 2020 TEXT ORDER entered by Magistrate Judge Eric I. Long on 5/15/20. Plaintiff's Motion to Compel #25 is DENIED. The court held a Status Conference on 2/20/20 in which it instructed the parties to stay discovery until after the court rules on the pending Motion to Dismiss. On 4/27/20, the court granted Defendants' Motion to Dismiss and directed Plaintiff to file an amended complaint. Plaintiff filed his Amended Complaint on 5/1/20. Defendants filed a new Motion to Dismiss on 5/13/20. The court directs the parties to continue staying discovery until the court rules on the new Motion to Dismiss. At that time, the court will hold a Rule 16 Scheduling Conference and set a discovery schedule. (KM, ilcd)
May 13, 2020 Filing 31 RULE 12(C) NOTICE entered re #29 Joint MOTION to Dismiss Plaintiff's Amended Complaint (SKR, ilcd)
May 13, 2020 Filing 30 MEMORANDUM in Support of re #29 Joint MOTION to Dismiss Plaintiff's Amended Complaint by Omar Ishrak, Matt Mcollum, Medtronic, Sofamordanek, Lola Velazquez-Aquilu. (Thies, John)
May 13, 2020 Filing 29 Joint MOTION to Dismiss Plaintiff's Amended Complaint by Defendants Omar Ishrak, Matt Mcollum, Medtronic, Sofamordanek, Lola Velazquez-Aquilu. Responses due by 5/27/2020 (Thies, John)
May 6, 2020 Filing 28 RESPONSE to Motion re #25 MOTION to Compel filed by Defendants Omar Ishrak, Matt Mcollum, Medtronic, Sofamordanek, Lola Velazquez-Aquilu. (Thies, John)
May 1, 2020 Filing 27 AMENDED COMPLAINT against Medtronic, Sofamordanek filed by Dustin M Lane. (Attachments: #1 Civil Cover Sheet)(SKR, ilcd)
April 27, 2020 Filing 26 ORDER Entered by Judge Colin Stirling Bruce on 4/27/20. IT IS THEREFORE ORDERED: Defendants' Motion to Dismiss #9 is GRANTED. Plaintiff's Complaint #1 is dismissed without prejudice. Plaintiff has 21 days from the date ofthis Order to file an amended complaint. SEE WRITTEN ORDER. ( Amended Pleadings due by 5/18/2020.) (SKR, ilcd)
April 22, 2020 Filing 25 MOTION to Compel by Plaintiff Dustin M Lane. Responses due by 5/6/2020 (SKR, ilcd)
March 9, 2020 TEXT ORDER Entered by Magistrate Judge Eric I. Long on 3/9/20. Plaintiffs Motion to Strike Defendant's Memorandum #23 is DENIED. Plaintiff filed his response to Defendant's Motion to Dismiss and Memorandum on December 20, 2019. The court will consider that response in ruling on the Motion to Dismiss. Plaintiff's Motion to Compel #24 is DENIED. Federal Rule of Civil Procedure 37 allows for a party to move for an order compelling disclosure or discovery. Plaintiff's Motion seeks neither disclosure nor discovery. (SKR, ilcd)
March 6, 2020 Filing 24 MOTION to Compel by Plaintiff Dustin M Lane. Responses due by 3/20/2020 (SKR, ilcd)
March 6, 2020 Filing 23 MOTION to Strike #10 Memorandum in Support of Motion by Plaintiff Dustin M Lane. Responses due by 3/20/2020 (SKR, ilcd)
February 20, 2020 Minute Entry for proceedings held 2/20/20 before Magistrate Judge Eric I. Long. Appearance of plaintiff Dustin Lane. Appearance on behalf of defendants by Bryan Pratt and John Thies. Rule 16 hearing not held. Status Conference held by telephone. Status of the case discussed in light of pending motion #9 . Discovery schedule will be discussed further after a ruling on motion #9 . (Tape #UR-B 10:03 AM.) (SKR, ilcd)
January 14, 2020 TEXT ORDER entered by Magistrate Judge Eric I. Long on 1/14/2020. Due to a conflict in the Court's calendar, the telephonic Rule 16 Scheduling Conference set for 2/13/20 is RESCHEDULED to 2/20/20 at 10:00 AM. (JMB, ilcd)
January 7, 2020 Filing 22 MOTION Reschedule Rule 16 by Defendants Omar Ishrak, Matt Mcollum, Medtronic, Lola Velazquez-Aquilu. Responses due by 1/21/2020 (Thies, John)
January 7, 2020 TEXT ORDER Entered by Magistrate Judge Eric I. Long on 1/7/20. Defendants' Motion to Reschedule Rule 16 Conference #22 is GRANTED. The telephonic Rule 16 Scheduling Conference is RESCHEDULED to 2/13/20 at 10:00 AM before Magistrate Judge Eric I. Long. The Court will initiate the call. (SKR, ilcd)
December 23, 2019 TEXT ORDER Entered by Magistrate Judge Eric I. Long on 12/23/19. Plaintiff's Motion to Compel #20 is DENIED. The Court will enter a Scheduling Order, including a timeline for required disclosures, after the Rule 16 Scheduling Conference set for 2/6/20. Plaintiff's Motion for Protective Order #7 is DENIED. (SKR, ilcd)
December 20, 2019 Filing 21 RESPONSE to Motion re #7 MOTION for Protective Order filed by Defendants Omar Ishrak, Matt Mcollum, Medtronic, Lola Velazquez-Aquilu. (Attachments: #1 Exhibit A)(Thies, John)
December 20, 2019 Filing 20 MOTION to Compel by Plaintiff Dustin M Lane. Responses due by 1/3/20. (TC, ilcd)
December 20, 2019 Filing 19 RESPONSE to Motion re #9 Joint MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Dustin M Lane. (Attachments: #1 Exhibit X Ray Key, #2 Exhibit Literature Key, #3 Exhibit Medtronic Literature, #4 Exhibit Web MD Literature, #5 HSHS St. Marys Report, #6 Carle Spine Institute Reports, #7 Presence USMC, #8 HSHS St. Marys Hospital Bills) (TC, ilcd)
December 20, 2019 Set/Reset Hearings: Rule 16 Scheduling Conference set for 2/6/2020 at 10:45 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. (SKR, ilcd)
December 20, 2019 TEXT ORDER Entered by Magistrate Judge Eric I. Long on 12/20/19. Due to a conflict in the Court's calendar, the Rule 16 Scheduling Conference set for 2/5/20 is RESCHEDULED to 2/6/20 at 10:45 AM in Courtroom B in Urbana before Judge Eric I. Long. (SKR, ilcd) Modified on 12/20/2019 go correct judge name (SKR, ilcd).
December 19, 2019 Filing 18 ORDER setting Rule 16 Scheduling Conference Entered by Magistrate Judge Eric I. Long on 12/19/19. Rule 16 Scheduling Conference set for 2/5/2020 at 10:45 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. SEE WRITTEN ORDER. (SKR, ilcd)
December 19, 2019 Filing 17 CERTIFICATE OF SERVICE by Omar Ishrak, Matt Mcollum, Medtronic, Lola Velazquez-Aquilu re #12 Notice of Appearance of Attorney (Amended Certificate of Service) (Thies, Daniel)
December 18, 2019 Filing 16 CERTIFICATE OF SERVICE by Omar Ishrak, Matt Mcollum, Medtronic, Lola Velazquez-Aquilu re #11 Certificate of Interest, #9 Joint MOTION to Dismiss for Lack of Jurisdiction , #10 Memorandum in Support of Motion, #8 Notice of Appearance of Attorney (Amended Certificate of Service) (Thies, John)
December 18, 2019 Filing 15 RULE 12(C) NOTICE entered to Dustin Lane re #9 Joint MOTION to Dismiss for Lack of Jurisdiction (KM, ilcd)
December 18, 2019 Filing 14 NOTICE of Appearance of Attorney by Bryan T Pratt on behalf of Omar Ishrak, Matt Mcollum, Medtronic, Lola Velazquez-Aquilu (Pratt, Bryan)
December 18, 2019 Filing 13 NOTICE of Appearance of Attorney by Bryan T Pratt on behalf of Medtronic (Pratt, Bryan)
December 17, 2019 Filing 12 NOTICE of Appearance of Attorney by Daniel Robert Thies on behalf of All Defendants (Thies, Daniel)
December 17, 2019 Filing 11 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Omar Ishrak, Matt Mcollum, Medtronic, Lola Velazquez-Aquilu. (Thies, John)
December 17, 2019 Filing 10 MEMORANDUM in Support re #9 Joint MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Omar Ishrak, Matt Mcollum, Medtronic, Lola Velazquez-Aquilu. (Attachments: #1 Exhibit A)(Thies, John)
December 17, 2019 Filing 9 Joint MOTION to Dismiss for Lack of Jurisdiction by Defendants Omar Ishrak, Matt Mcollum, Medtronic, Lola Velazquez-Aquilu. Responses due by 12/31/2019 (Thies, John)
December 17, 2019 Filing 8 NOTICE of Appearance of Attorney by John E Thies on behalf of All Defendants (Thies, John)
December 9, 2019 Filing 7 MOTION for Protective Order by Plaintiff Dustin M Lane. Responses due by 12/23/2019 (SKR, ilcd)
November 26, 2019 Filing 6 SUMMONS Returned Executed by Dustin M Lane as to All Defendants. (SKR, ilcd)
November 18, 2019 Filing 5 NOTICE of Amended Civil Cover Sheet (SKR, ilcd)
November 15, 2019 Filing 4 Summons Issued as to defendants Medtronic, Matt Mcollum, Omar Ishrak, Lola Velazquez-Aquilu (mailed to US Marshals Office for service). (KM, ilcd)
November 15, 2019 Filing 3 ORDER granting #2 Motion for Leave to Proceed in forma pauperis entered by Magistrate Judge Eric I. Long on 11/15/19. The United States Marshal shall serve a copy of the complaint, summons, and order granting leave to proceed in forma pauperis upon the Defendant. Consent form to proceed before the U.S. Magistrate Judge is attached to Order. See written Order. (KM, ilcd)
November 13, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Dustin M Lane. Responses due by 11/27/2019 (SKR, ilcd)
November 13, 2019 Filing 1 COMPLAINT against All Defendants filed by Dustin M Lane. (Attachments: #1 Statement of Claim, #2 Civil Cover Sheet, #3 Summons, #4 USM 285)(SKR, ilcd) (Additional attachment(s) added on 11/13/2019: #5 Notice dated 10/18/19) (SKR, ilcd).

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Defendant: Lola Velazquez-Aquilu
Represented By: Daniel Robert Thies
Represented By: Bryan T Pratt
Represented By: John E Thies
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Defendant: Omar Ishrak
Represented By: Daniel Robert Thies
Represented By: Bryan T Pratt
Represented By: John E Thies
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Defendant: Matt Mcollum
Represented By: Daniel Robert Thies
Represented By: Bryan T Pratt
Represented By: John E Thies
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Defendant: Medtronic
Represented By: Daniel Robert Thies
Represented By: Bryan T Pratt
Represented By: John E Thies
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Defendant: Sofamordanek
Represented By: John E Thies
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Plaintiff: Dustin M Lane
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