Miller et al v. Rush University Medical Center et al
| Scott Allen Miller and Tina Miller |
| Rush University Medical Center, Dr. Harel Deutsch, Dr. Anthony M. Alvarado, Zimmer US, Inc., Zimmer Biomet Spine, Inc., Zimmer Biomet Holdings, Inc. and ZimVie, Inc. |
| 1:2023cv02210 |
| April 7, 2023 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1446 Petition for Removal- Personal Injury |
| Both |
Docket Report
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| Document Text |
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| Filing 17 MINUTE entry before the Honorable John Robert Blakey: Oral agreed motion to reset the status report deadline is granted and the joint status report shall be filed on or before 6/9/2023. Mailed notice (gel, ) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20681350. (Laddon, Tarifa) |
| SUMMONS Issued as to Defendant ZimVie, Inc. (evw, ) |
| Filing 15 ATTORNEY Appearance for Defendant Rush University Medical Center by Aiju C. Thevatheril Appearance on behalf of Rush University Medical Center, Dr. Harel Deutsch, Dr. Anthony Alvarado (Thevatheril, Aiju) |
| Filing 14 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties shall file a joint status report by 6/2/23, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at Gloria_Lewis@ilnd.uscourts.gov. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. The Court grants Eldin Hasic's motion for leave to appear pro hac vice #13 and denies without prejudice Plaintiff's motion for miscellaneous relief #11 , which seeks to punish Defendants for failing to produce certain records in accordance with Illinois law. The Court declines to grant relief as a discovery sanction, as the federal rules apply here, e.g., Erie R.R. Co. v. Tompkins, 304 U.S. 64, 78 (1938) (holding that, as a general rule, a federal court sitting in diversity must apply the substantive law of the state in which it sits and federal procedural law); Allstate Ins. Co. v. Sunbeam Corp., 53 F.3d 804, 806 (7th Cir. 1995) ("Generally, in a diversity case, state law governs issues that potentially alter the outcome of a case. However, the federal rules of procedure and evidence always apply in federal litigation, whether or not they determine the outcome."). To the extent Plaintiff is making a substantive claim under Illinois law, the Court will consider the matter on a more complete record. Mailed notice (gel, ) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20642957. (Hasic, Eldin) |
| Filing 12 RESPONSE by Rush University Medical Center to MOTION by Plaintiffs Scott Allen Miller, Tina Miller for Miscellaneous Relief #11 (Cozzi, Daniel) |
| Filing 11 MOTION by Plaintiffs Scott Allen Miller, Tina Miller for Miscellaneous Relief (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sinson, Kent) |
| Filing 10 ATTORNEY Appearance for Defendants Anthony M. Alvarado, Harel Deutsch, Rush University Medical Center by Daniel Joseph Cozzi (Cozzi, Daniel) |
| Filing 9 REFUND PROCESSED re REQUEST for Clerk of Court to refund filing fee in the amount of 402.00, receipt no. AILNDC-20543357, (Attachments: # 1 Exhibit A)(Sinson, Kent) #8 (td, ) |
| Filing 8 REQUEST for Clerk of Court to refund filing fee in the amount of 402.00, receipt no. AILNDC-20543357, (Attachments: #1 Exhibit A)(Sinson, Kent) |
| Filing 7 COMPLAINT filed by Tina Miller, Scott Allen Miller; Jury Demand. Filing fee $ 402, receipt number AILNDC-20543357. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sinson, Kent) |
| Filing 6 ATTORNEY Appearance for Plaintiffs Scott Allen Miller, Tina Miller by Kent D. Sinson (Sinson, Kent) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Zimmer Biomet Spine, Inc. Corporate Disclosure Statement (Pasciak, Bryan) |
| Filing 4 MAILED Notice of Removal letter to counsel of record. (aee, ) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (lm, ) |
| 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. (aee, ) |
| Filing 3 ATTORNEY Appearance for Defendant Zimmer Biomet Spine, Inc. by Bryan D Pasciak (Pasciak, Bryan) |
| Filing 2 CIVIL Cover Sheet (Pasciak, Bryan) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2023-L-066019) filed by Zimmer Biomet Spine, Inc. Filing fee $ 402, receipt number BILNDC-20522630. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Pasciak, Bryan) |
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