Stuper et al v. Abbott Laboratories et al
| Megan Stuper and Ashton Brown |
| Abbott Laboratories and Abbott Laboratories, Inc. |
| 1:2022cv00204 |
| 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 28 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion [20, 21] to reconsider the order granting Defendants' motion to stay pending JPML ruling on consolidation and transfer is denied. 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 #27 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 #24 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 #11 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 not complete) 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 27 MOTION by Defendants Abbott Laboratories, Abbott Laboratories, Inc. for extension of time to file answer or otherwise respond (Uncontested) (D'Amore, Stephen) |
| Filing 26 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John J. Tharp, Jr for all further proceedings pursuant to Local Rule 40.4. Honorable Robert W. Gettleman no longer assigned to the case. Signed by Executive Committee on 2/25/22. (nsf, ) |
| Filing 25 REPLY by Ashton Brown, Megan Stuper to Response #23 to Motion to Reconsider the Stay Order Pending JPML Transfer (Stranch, J) |
| Filing 24 NOTICE OF HEARING SESSION From the MDL panel on MDL 3024. (nsf, ) |
| Filing 23 RESPONSE by Defendants Abbott Laboratories, Abbott Laboratories, Inc. to Response, #20 Plaintiffs' Motion to Reconsider the Stay Order Pending JPML Transfer (Cooper, Bryce) |
| Filing 22 SUMMONS Returned Executed by Megan Stuper, Ashton Brown 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 21 MINUTE entry before the Honorable Robert W. Gettleman: The court treats plaintiffs' response #20 to the motion to stay as a motion to reconsider the order granting to stay #16 . Defendant is directed to respond to plaintiffs "response #20 " as so regarded on or before February 15, 2022, and plaintiff may reply by February 22, 2022. Mailed notice (cn). |
| Filing 20 RESPONSE by Plaintiffs Ashton Brown, Megan Stuper to order on motion to remand,, order on motion to stay,, text entry, #16 (Opposition to Motion to Stay Pending JPML Hearing) (Attachments: #1 Exhibit 1 - Email Correspondence)(Stranch, J) |
| Filing 19 ATTORNEY Appearance for Plaintiffs Ashton Brown, Megan Stuper by Stephen M Reck (Reck, Stephen) |
| Filing 18 ATTORNEY Appearance for Plaintiffs Ashton Brown, Megan Stuper by Jose M. Rojas (Rojas, Jose) |
| Filing 17 ATTORNEY Appearance for Plaintiffs Ashton Brown, Megan Stuper by J Gerard Stranch, IV (Stranch, J) |
| Filing 16 MINUTE entry before the Honorable Robert W. Gettleman: Defendants Abbott Laboratories and Abbott Laboratories, Inc.'s motion for a stay pending JPML ruling on consolidation and transfer #14 is granted. This case is stayed pending the Judicial Panel on Multidistrict Litigation's ruling on defendant's motion to consolidate and transfer. Plaintiff's motion to remand #11 is entered and continued until further order of court. Mailed notice (cn). |
| Filing 15 MEMORANDUM by Abbott Laboratories, Abbott Laboratories, Inc. in support of motion to stay #14 (Cooper, Bryce) |
| Filing 14 MOTION by Defendants Abbott Laboratories, Abbott Laboratories, Inc. to stay Pending JPML Ruling on Consolidation and Transfer (Cooper, Bryce) |
| Filing 13 MINUTE entry before the Honorable Robert W. Gettleman: Attorney J. Gerard Stranch, IV's motion for leave to appear pro hac vice #10 is granted. Mailed notice (cn). |
| Filing 12 MEMORANDUM by Ashton Brown, Megan Stuper in support of motion to remand #11 (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 11 MOTION by Plaintiffs Ashton Brown, Megan Stuper to remand (Stranch, J) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19076159. (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 MAILED notice of removal letter to counsel of record. (nsf, ) |
| Filing 7 ATTORNEY Appearance for Defendants Abbott Laboratories, Abbott Laboratories, Inc. by Bryce Allen Cooper (Cooper, Bryce) |
| Filing 6 ATTORNEY Appearance for Defendants Abbott Laboratories, Abbott Laboratories, Inc. by Stephen Victor D'Amore (D'Amore, Stephen) |
| 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. (jmk, ) |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (jmk, ) |
| 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 (2022L000299) filed by Abbott Laboratories, Abbott Laboratories, Inc. Filing fee $ 402, receipt number 0752-19050818. (Attachments: #1 Exhibit A)(Cooper, Bryce) |
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