Rinehart et al v. Abbott Laboratories et al
| Anthony Rinehart, Jessica Rinehart, Remington Rinehart and Dorothy Taylor |
| Abbott Laboratories and Abbott Laboratories, Inc. |
| 1:2022cv00192 |
| January 12, 2022 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1446 pl Petition for Removal - Product Liability |
| Plaintiff |
Docket Report
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| Filing 29 MINUTE entry before the Honorable John J. Tharp, Jr:Defendants' motion to stay pending JPML ruling on consolidation and transfer #16 is granted. All proceedings in this case are stayed and all deadlines are suspended pending a final decision by the Judicial Panel on Multidistrict Litigation on whether to consolidate this action in one district for multidistrict proceedings. In view of the stay, the defendant's motion for extension of time to file answer #28 is denied as moot. A stay is appropriate because the JPML has scheduled a hearing on the various motions to transfer for the end of this month #26 and will likely rule on the issue in the relatively near future. The plaintiffs oppose a stay because they seek an immediate ruling on their motion to remand #12 but they are not entitled to leapfrog other equally important motions that have been pending in other cases for a longer period of time; it is likely that the time required for completion of briefing of remand motions in the related cases (briefing of the remand motion in this case is complete, but not in all of the reassigned cases) and for a ruling on those motions, would take the parties and this court at least to the date of the JPML hearing, if not beyond. Consequently, the court finds little or no prejudice to the plaintiffs in granting the stay until the JPML rules. Mailed notice (air, ) |
| Filing 28 MOTION by Defendants Abbott Laboratories, Abbott Laboratories, Inc. for extension of time to file answer or otherwise respond (Uncontested) (D'Amore, Stephen) |
| Filing 27 REPLY by Abbott Laboratories, Abbott Laboratories, Inc. to MOTION by Defendants Abbott Laboratories, Abbott Laboratories, Inc. to stay Pending JPML Ruling on Consolidation and Transfer #16 (D'Amore, Stephen) |
| Filing 26 NOTICE OF HEARING SESSION by United States Judicial Panel on Multidistrict Litigation. (jh, ) |
| Filing 25 REPLY by Plaintiffs Anthony Rinehart, Jessica Rinehart, Remington Rinehart to motion to remand #12 (Stranch, J) |
| Filing 24 SUMMONS Returned Executed by Anthony Rinehart, Remington Rinehart, Jessica Rinehart as to Abbott Laboratories on 2/7/2022, answer due 2/28/2022; Abbott Laboratories, Inc. on 2/7/2022, answer due 2/28/2022. (Stranch, J) |
| Filing 23 RESPONSE by Abbott Laboratories, Abbott Laboratories, Inc.in Opposition to MOTION by Plaintiffs Anthony Rinehart, Jessica Rinehart, Dorothy Taylor to remand #12 (D'Amore, Stephen) |
| Filing 22 RESPONSE by Anthony Rinehart, Jessica Rinehart, Remington Rinehartin Opposition to MOTION by Defendants Abbott Laboratories, Abbott Laboratories, Inc. to stay Pending JPML Ruling on Consolidation and Transfer #16 (Attachments: #1 Exhibit 1 - Email Correspondence)(Stranch, J) |
| Filing 21 ATTORNEY Appearance for Plaintiffs Anthony Rinehart, Jessica Rinehart, Remington Rinehart, Dorothy Taylor by Stephen M Reck (Reck, Stephen) |
| Filing 20 ATTORNEY Appearance for Plaintiffs Anthony Rinehart, Jessica Rinehart, Remington Rinehart, Dorothy Taylor by Jose M. Rojas (Rojas, Jose) |
| Filing 19 MINUTE entry before the Honorable John J. Tharp, Jr:The defendant's motion for a stay #16 is taken under advisement. The plaintiff's response is due by 02/14/2022; the defendant's reply, if any, is due by 02/21/2022. Mailed notice (air, ) |
| Filing 18 ATTORNEY Appearance for Plaintiffs Anthony Rinehart, Jessica Rinehart, Remington Rinehart by J Gerard Stranch, IV (Stranch, J) |
| Filing 17 MEMORANDUM by Abbott Laboratories, Abbott Laboratories, Inc. in support of motion to stay #16 (Cooper, Bryce) |
| Filing 16 MOTION by Defendants Abbott Laboratories, Abbott Laboratories, Inc. to stay Pending JPML Ruling on Consolidation and Transfer (Cooper, Bryce) |
| Filing 15 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion to remand #12 is taken under advisement. The defendant is directed to respond by 2/4/2022; and reply is due by 2/11/2022. Mailed notice (air, ) |
| Filing 14 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Stranch's motion to appear pro hac vice #11 is granted. On the Court's own motion, Attorney Stranch's motion to appear pro hac vice #10 is stricken as misfiled. The Clerk is directed to terminate that motion, which may be refiled in case 22 CV 00197 without further payment. Mailed notice (air, ) |
| Filing 13 MEMORANDUM by Anthony Rinehart, Jessica Rinehart, Dorothy Taylor in support of motion to remand #12 (Attachments: #1 Exhibit A - Sanchez v. Abbott - Slip Opinion, #2 Exhibit B - Jupiter v. Mead Johnson - Motion to Transfer and Consolidate, #3 Exhibit C - Jupiter v. Mead Johnson - Consent Response)(Stranch, J) |
| Filing 12 MOTION by Plaintiffs Anthony Rinehart, Jessica Rinehart, Dorothy Taylor to remand (Stranch, J) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19076164. (Amended) (Attachments: #1 Exhibit A - List of Additional Court Admissions)(Stranch, J) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19076155. (Attachments: #1 Exhibit A - List of Additional Court Admissions)(Stranch, J) |
| Filing 9 NOTICE by Abbott Laboratories, Abbott Laboratories, Inc. of Motion to Transfer Related Cases for Consolidated Pretrial Proceedings Pursuant to 28 U.S.C. 1407 (Attachments: #1 Attachment 1- Brief in Support, #2 Attachment 2 - Exhibit A MDL Clerk Letter, #3 Attachment 3 - Schedule of Actions, #4 Attachment 4 - Oral Argument Statement, #5 Attachment 5 - Proof of Service)(Cooper, Bryce) |
| Filing 8 ATTORNEY Appearance for Defendants Abbott Laboratories, Abbott Laboratories, Inc. by Bryce Allen Cooper (Cooper, Bryce) |
| Filing 7 ATTORNEY Appearance for Defendants Abbott Laboratories, Abbott Laboratories, Inc. by Stephen Victor D'Amore (D'Amore, Stephen) |
| Filing 6 MAILED Notice of Removal Letter to Plaintiff's Counsel Kevin J. Conway and Benjamin A. Gastel. (jh, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jh, ) |
| Filing 5 ATTORNEY Appearance for Defendants Abbott Laboratories, Abbott Laboratories, Inc. by Stephen Victor D'Amore (D'Amore, Stephen) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Abbott Laboratories, Abbott Laboratories, Inc. (Cooper, Bryce) |
| Filing 3 ATTORNEY Appearance for Defendants Abbott Laboratories, Abbott Laboratories, Inc. by Bryce Allen Cooper (Cooper, Bryce) |
| Filing 2 CIVIL Cover Sheet (Cooper, Bryce) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2022L000293) filed by Abbott Laboratories, Abbott Laboratories, Inc. Filing fee $ 402, receipt number 0752-19049584. (Attachments: #1 Exhibit A)(Cooper, Bryce) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (ey, ) |
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