McLemore et al v. Abbvie, Inc. et al
| Megan McLemore, Steve McLemore, Gary Sims, Linda Sims, Deborah Wieting and Robert Meister |
| Apollo Endosurgery US, Inc. and AbbVie, Inc. |
| 1:2020cv07592 |
| December 20, 2020 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 24 MINUTE entry before the Honorable Franklin U. Valderrama: AbbVie, Inc. and Apollo Endosurgery US, Inc.'s motion for leave to file excess pages for their Combined Response in Opposition to Plaintiffs' Motion to Enlarge Time and Motion for Expedited Discovery #21 , is granted. AbbVie, Inc. and Apollo Endosurgery US, Inc. are hereby granted leave to exceed the page limit by 5 pages, up to and including 20 pages total, for their Combined Opposition to Plaintiffs' Motion to Enlarge Time and Motion for Expedited Discovery. Mailed notice (axc). |
| Filing 23 RESPONSE by AbbVie, Inc., Apollo Endosurgery US, Inc.in Opposition to MOTION by Plaintiffs Megan McLemore, Steve McLemore, Robert Meister, Gary Sims, Linda Sims for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim, #12 , Motion to Dismiss for Failure to State a Claim, #11 , #18 , MOTION by Plaintiffs Megan McLemore, Steve McLemore, Robert Meister, Gary Sims, Linda Sims for discovery Motion for Expedited Discovery #19 (Attachments: #1 Exhibit Ex. 1 - Corporation - Statement of Information from CA Secretary of State Website, #2 Exhibit Ex. 2 - Declaration of Emily Weith)(Ball, Dan) |
| Filing 22 RESPONSE by AbbVie, Inc., Apollo Endosurgery US, Inc. to MOTION by Plaintiffs Megan McLemore, Steve McLemore, Robert Meister, Gary Sims, Linda Sims to amend/correct notice of removal,, #1 Motion Seeking Leave to File First Amended Complaint #17 (Ball, Dan) |
| Filing 21 MOTION by Defendants AbbVie, Inc., Apollo Endosurgery US, Inc. for leave to file excess pages For Their Combined Response in Opposition to Plaintiffs' Motion To Enlarge Time and For Expedited Discovery (Ball, Dan) |
| Filing 20 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiffs' Motion to Hold Ruling on Plaintiffs' Motion for Remand in Abeyance #16 is granted in part. The deadline to respond to the Motion for Remand #14 is stayed until further order of the Court. The Court strikes the deadlines relating to Defendants' Motions to Dismiss, and the status hearing date of 4/19/2021, which were set on 1/12/2021. #13 The Court sets the following briefing schedule on Plaintiffs' Motion for Leave to File First Amended Complaint #17 , Motion for Extension to Respond to Defendants' Motions to Dismiss #18 , and Motion for Expedited Discovery #19 : Defendants' responses due on or before 2/15/2021; Plaintiffs' replies due on or before 3/8/2021. Status hearing is set for 4/9/2021 at 9:30 a.m. but to track the case only (no appearance is required; the case will not be called). Mailed notice (axc). |
| Filing 19 MOTION by Plaintiffs Megan McLemore, Steve McLemore, Robert Meister, Gary Sims, Linda Sims for discovery Motion for Expedited Discovery (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit)(Dysart, Christopher) |
| Filing 18 MOTION by Plaintiffs Megan McLemore, Steve McLemore, Robert Meister, Gary Sims, Linda Sims for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim, #12 , Motion to Dismiss for Failure to State a Claim, #11 , motion to dismiss/lack of jurisdiction #10 (Attachments: #1 Exhibit)(Dysart, Christopher) |
| Filing 17 MOTION by Plaintiffs Megan McLemore, Steve McLemore, Robert Meister, Gary Sims, Linda Sims to amend/correct notice of removal,, #1 Motion Seeking Leave to File First Amended Complaint (Attachments: #1 Exhibit, #2 Exhibit)(Dysart, Christopher) |
| Filing 16 MOTION by Plaintiffs Megan McLemore, Steve McLemore, Robert Meister, Gary Sims, Linda SimsMotion to Remand in Abeyance (Dysart, Christopher) |
| Filing 15 MEMORANDUM by Megan McLemore, Steve McLemore, Robert Meister, Gary Sims, Linda Sims in support of motion to remand #14 (Dysart, Christopher) |
| Filing 14 MOTION by Plaintiffs Megan McLemore, Steve McLemore, Robert Meister, Gary Sims, Linda Sims to remand (Dysart, Christopher) |
| Filing 13 MINUTE entry before the Honorable Franklin U. Valderrama: Defendant Apollo Endosurgery US, Inc.'s motion for leave to exceed the page limit for its motion to dismiss as to plaintiff Robert Meister #9 is granted. Defendant Apollo Endosurgery US, Inc. has leave to file a brief in support of its motion to dismiss of up to 30 pages. The Court sets the following briefing schedule on defendants' motions to dismiss #10 #11 #12 : plaintiffs' response due on or before 2/2/2021; defendants reply due on or before 2/16/2021. Status hearing is set for 4/19/2021 at 9:30 a.m. but to track the case only (no appearance is required; the case will not be called). Mailed notice (axc). |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant AbbVie, Inc. (Attachments: #1 Exhibit A, Plaintiffs' Motion to Substitute in Duff, #2 Exhibit B, Plaintiffs' Motion to Substitute in Beardsley, #3 Exhibit C, Plaintiffs' Motion to Substitute in Burt)(Ball, Dan) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Apollo Endosurgery US, Inc. As to Plaintiff Robert Meister (Attachments: #1 Exhibit A, Summary of Safety and Effectiveness Data, #2 Exhibit B, FDA Approval Order Letter)(Ball, Dan) |
| Filing 10 MOTION by Defendant Apollo Endosurgery US, Inc. to dismiss for lack of jurisdiction Or, In the Alternative, to Transfer Venue (Ball, Dan) |
| Filing 9 MOTION by Defendant Apollo Endosurgery US, Inc. for leave to file excess pages For Its Motion to Dismiss as to Plaintiff Robert Meister (Ball, Dan) |
| Filing 8 MINUTE entry before the Honorable Franklin U. Valderrama: Defendants' consent motion for extension of time to answer or otherwise respond to plaintiffs' complaint #7 is granted. Defendants' responsive pleading due on or before 1/11/2021. Mailed notice (axc). |
| Filing 7 MOTION by Defendants AbbVie, Inc., Apollo Endosurgery US, Inc. for extension of time to file answer Consent Motion for Extension of Time (Ball, Dan) |
| Filing 6 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 3/3/2021, the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report.' The court will enter a scheduling order in response. The removing party must serve this Minute Entry on all other parties. If the opposing party has not been served with notice pursuant to 28 U.S.C. 1446(d), the removing party's counsel must contact the Courtroom Deputy at analeah_charles@ilnd.uscourts.gov to reschedule the Joint Initial Status Report deadline. The removing party should not file the Joint Initial Status Report before the opposing party has been given notice of removal. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Mailed notice (Attachments: #1 Joint Status Report) (axc). |
| Filing 5 ATTORNEY Appearance for Plaintiffs Megan McLemore, Steve McLemore, Robert Meister, Gary Sims, Linda Sims by Christopher W. Dysart (Dysart, Christopher) |
| Filing 4 MAILED Notice of Removal Letter to Plainitiff's Councel, Christopher W. Dysart. (jh, ) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (gw, ) |
| Filing 3 NOTICE by AbbVie, Inc., Apollo Endosurgery US, Inc. Notice to Plaintiffs of Filing Notice of Removal (Ball, Dan) |
| Filing 2 ATTORNEY Appearance for Defendants AbbVie, Inc., Apollo Endosurgery US, Inc. by Dan H Ball (Ball, Dan) |
| Filing 1 NOTICE of Removal from Circuit Court, 19th Judicial Circuit, Lake County, IL, case number (20L 00000793) filed by AbbVie, Inc., Apollo Endosurgery US, Inc. Filing fee $ 402, receipt number 0752-17762078. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - State Court File, #3 Exhibit C - Weith Declaration from Duff, #4 Exhibit D - Plaintiffs' Proposed Briefing Schedule in Duff, #5 Exhibit E - Weith Declaration from Burt, #6 Exhibit F - Civil Cover Sheet)(Ball, Dan) |
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