Whitmore et al v. Abbott Laboratories
| Carl Whitmore and Amanda Corvelli |
| Abbott Laboratories |
| 1:2022cv01012 |
| February 25, 2022 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Andrea R Wood |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Filing 20 STIPULATION of Stay (Hurst, James) |
| Filing 19 MINUTE entry before the Honorable John F. Kness: Remaining before the Court is the motion of Defendant Abbott Laboratories to reassign the following cases to this judge's docket: 22-cv-01014, Raymond v. Abbott Laboratories (Judge Kendall); 22-cv-01079, Deffebaugh v. Abbott Laboratories (Judge Pacold); 22-cv-01080, Garza v. Abbott Laboratories (Judge Kennelly); 22-cv-01082, Menendez v. Abbott Laboratories (Judge Tharp); 22-cv-01097, Harkless v. Abbott Laboratories (Judge Rowland); 22-cv-01125, Lyons v. Abbott Laboratories (Judge Gottschall); 22-cv-01126, Lopez-Bazemore v. Abbott Laboratories (Judge Seeger); 22-cv-01182, McCord v. Abbott Laboratories (Judge Alonso); 22-cv-01239, Johnson v. Abbott Laboratories (Judge Guzman); and 22-cv-01259, Boysen v. Abbott Laboratories (Judge Norgle). No Plaintiff has filed any opposition to the motion despite the opportunity (Dkt. #17 ) to do so. (See also Dkt. #18 .) Under LR 40.4(a), two civil cases are "related" if one or more of the following conditions are met: (1) the cases involve the same property; (2) the cases involve the same issues of fact or law; (3) the cases grow out of the same transaction or occurrence; or (4) in class action suits, one or more of the classes involved in the cases is or are the same. If two cases are "related," the later-numbered case can be reassigned under LR 40.4(b) to the calendar of the judge hearing the earlier-numbered case if each of the following criteria is met: (1) both cases are pending in the same court; (2) the handling of both cases by the same judge is likely to result in a substantial saving of judicial time and effort; (3) the earlier case has not progressed to the point where designating a later-filed case as related would be likely to delay the proceedings in the earlier case substantially; and (4) the cases are susceptible of disposition in a single proceeding. See, e.g., Williams v. Walsh Const., No. 05-cv-06807, 2007 WL 178309, at *1 (N.D. Ill. Jan. 16, 2007) (citation omitted). For the reasons provided by Defendant in its memorandum of law #11 in support of reassignment, and without opposition from any Plaintiff, the Court agrees that reassignment is warranted. Accordingly, the motion to reassign #10 is granted, and the Court requests that the Executive Committee of the Northern District of Illinois reassign the cases noted above to this judge's docket. A consolidated status hearing will be set by separate order once the cases have been formally reassigned. Mailed notice (ef, ) |
| Filing 18 RESPONSE by Abbott Laboratoriesin Support of MOTION by Defendant Abbott Laboratories to reassign case Defendant Abbott Laboratories' Motion to Reassign Related Cases Pursuant to Local Rule 40.4 #10 (Hurst, James) |
| Filing 17 MINUTE entry before the Honorable John F. Kness: Before the Court is the motion #10 of Defendant Abbott Laboratories to reassign the following cases to this judge's docket: 22-cv-01014,Raymond v. Abbott Laboratories (Judge Kendall); 22-cv-01079, Deffebaugh v. Abbott Laboratories (Judge Pacold); 22-cv-01080, Garza v. Abbott Laboratories (Judge Kennelly); 22-cv-01082, Menendez v. Abbott Laboratories (Judge Tharp); 22-cv-01097, Harkless v. Abbott Laboratories (Judge Rowland); 22-cv-01125, Lyons v. Abbott Laboratories (Judge Gottschall); 22-cv-01126, Lopez-Bazemore v. Abbott Laboratories (Judge Seeger); 22-cv-01182, McCord v. Abbott Laboratories (Judge Alonso); 22-cv-01239, Johnson v. Abbott Laboratories (Judge Guzman); and 22-cv-01259, Boysen v. Abbott Laboratories (Judge Norgle). Any opposition to the motion for reassignment must be filed on or before 4/8/2022, and any reply must be filed on or before 4/15/2022. On or before 3/30/2022, Defendant must file a statement containing the substance of this minute order on the dockets of the cases sought to be reassigned. Mailed notice (ef, ) |
| Filing 16 WAIVER OF SERVICE returned executed by Amanda Corvelli, Carl Whitmore. Abbott Laboratories waiver sent on 3/9/2022, answer due 5/9/2022. (Becker, Timothy) |
| Filing 15 RESPONSE by Amanda Corvelli, Carl Whitmore to MOTION by Defendant Abbott Laboratories to reassign case Defendant Abbott Laboratories' Motion to Reassign Related Cases Pursuant to Local Rule 40.4 #10 Notice of Non-Opposition (Becker, Timothy) |
| Filing 14 MINUTE entry before the Honorable John F. Kness: The motion of counsel Michael Glick to appear pro hac vice #13 is granted. Counsel is directed to review LR 83.15(a) and to be prepared to designate local counsel. Mailed notice (ef, ) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19266742. (Glick, Michael) |
| Filing 12 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Abbott Laboratories (Hurst, James) |
| Filing 11 MEMORANDUM by Abbott Laboratories in support of motion to reassign case #10 Defendant Abbott Laboratories' Memorandum in Support of Its Motion to Reassign Related Cases Pursuant to Local Rule 40.4 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Hurst, James) |
| Filing 10 MOTION by Defendant Abbott Laboratories to reassign case Defendant Abbott Laboratories' Motion to Reassign Related Cases Pursuant to Local Rule 40.4 (Hurst, James) |
| Filing 9 ATTORNEY Appearance for Defendant Abbott Laboratories by James F. Hurst (Hurst, James) |
Filing 8
ORDER signed by the Honorable John F. Kness on 3/8/2022: Telephonic initial status hearing is set for 5/9/2022 at 9:50 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than seven days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice(ef, )
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| Filing 7 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John F. Kness for all further proceedings. Honorable Andrea R. Wood no longer assigned to the case. Signed by Executive Committee on 3/4/22.(gcy, ) |
| Filing 6 MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing before Judge Wood set for 5/4/2022 is stricken. The case will be forwarded to the Executive Committee for reassignment. Mailed notice (dal, ) |
| SUMMONS Issued as to Defendant Abbott Laboratories (jxj, ) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Amanda Corvelli, Carl Whitmore by Michael W. Lenert (Lenert, Michael) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Amanda Corvelli, Carl Whitmore by Peter J. Flowers (Flowers, Peter) |
| Filing 3 MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing set for 5/4/2022 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (dal, ) |
| Filing 2 ATTORNEY Appearance for Plaintiffs Amanda Corvelli, Carl Whitmore by Timothy J. Becker (Becker, Timothy) |
| Filing 1 COMPLAINT filed by Amanda Corvelli, Carl Whitmore; Jury Demand. Filing fee $ 402, receipt number 0752-19193182. (Attachments: #1 Civil Cover Sheet)(Becker, Timothy) |
| 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 Andrea R. Wood. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (jmk, ) |
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