Welborn et al v. Ethicon Inc. et al
Plaintiff: Michael Welborn and Rebecca Welborn
Defendant: Ethicon Inc., Anonymous Healthcare Provider A, Anonymous Healthcare Provider B, Anonymous Healthcare Provider C, Anonymous Healthcare Provider D, Anonymous Healthcare Provider E and Anonymous Healthcare Provider F
Case Number: 2:2022cv00092
Filed: April 14, 2022
Court: US District Court for the Northern District of Indiana
Presiding Judge: Joshua P Kolar
Referring Judge: Philip P Simon
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Petition for Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 6, 2022 Opinion or Order Filing 37 REPLY to Response to Motion re #21 MOTION to Remand to State Court by Plaintiff filed by Michael Welborn, Rebecca Welborn. (Langer, Robert)
May 26, 2022 Opinion or Order Filing 36 REPLY to Response to Motion re #5 MOTION to Sever Claims Brought Against Anonymous Defendants filed by Ethicon Inc.. (Larson, Joel)
May 26, 2022 Opinion or Order Filing 35 RESPONSE to Motion re #21 MOTION to Remand to State Court (Response in Opposition) filed by Ethicon Inc.. (Attachments: #1 Exhibit 1 - Baker Order, #2 Exhibit 2 - Bush Order)(Larson, Joel)
May 19, 2022 Opinion or Order Filing 34 Ethicon's ANSWER to Complaint by Ethicon Inc..(Larson, Joel)
May 13, 2022 Opinion or Order Filing 33 ORDER: Finding good cause shown and noting the agreement of the parties, the Court GRANTS #31 Ethicon's Agreed Motion For Extension of Time Related to Ethicon's Motion to Sever #5 and Plaintiffs' Motion For Remand #21 . The deadlines for Ethicon's Reply in Support of its Motion to Sever #5 and Ethicon's Opposition to Plaintiffs' Motion to Remand #21 are EXTENDED to 5/26/2022. The deadline for Plaintiffs' Reply In Support of their Motion to Remand #21 is EXTENDED to 6/6/2022. Approved by Magistrate Judge Joshua P Kolar on 5/13/2022. Text entry order. (tc)
May 13, 2022 Opinion or Order Filing 32 ORDER: With the caveat that #29 Plaintiff's Motion to Seal Exhibits Referred to in Plaintiffs' Response and Objection to Motion to Sever does not state the position of defendants regarding the motion, it appears that, as required by controlling Seventh Circuit precedent, e.g. Citizens First Nat'l Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943 (7th Cir. 1999), good cause exists for the motion based on confidentiality requirements under applicable state law, IC 34-18-8-7. Accordingly, Plaintiffs' Motion #29 is provisionally GRANTED subject to the filing of a motion to unseal should any party object to the sealing of the documents in question. Absent an objection, Docket No. 30 is to remain under seal until such time as confidentiality under IC 34-18-8-7 is no longer required. Approved by Magistrate Judge Joshua P Kolar on 5/13/2022. Text entry order. (tc) Modified on 5/13/2022 to edit text (tc).
May 13, 2022 Opinion or Order Filing 31 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Sever Claims Brought Against Anonymous Defendants, #21 MOTION to Remand to State Court by Defendant Ethicon Inc.. (Larson, Joel)
May 10, 2022 Opinion or Order Filing 30 Sealed Document re #29 MOTION to Seal Exhibits Referred to in Plaintiffs' Response and Objection to Motion to Sever Pursuant to N.D. IND. L.R. 5-3(c)(1). (Attachments: #1 Exhibit Sealed Ex A DF Anonymous HCP A Answers to PL 1st Set of Rogs, #2 Exhibit Sealed Ex B State Court Complaint, #3 Exhibit Sealed Ex C Operative Reports and Discharge Summary, #4 Exhibit Sealed Ex D Anonymous HCP F Articles of Incorporation, #5 Exhibit Sealed Ex E Proposed Complaint, #6 Exhibit Sealed Ex F DF Anonymous HCP F Answer to PL Rogs, #7 Exhibit Sealed Ex G DF Anonymous HCP F Answers to PL 1st Supp. Rogs, #8 Exhibit Sealed Ex H Amended Proposed Complaint)(Langer, Robert)
May 10, 2022 Opinion or Order Filing 29 MOTION to Seal Exhibits Referred to in Plaintiffs' Response and Objection to Motion to Sever Pursuant to N.D. IND. L.R. 5-3(c)(1) by Plaintiffs Michael Welborn, Rebecca Welborn. (Langer, Robert)
May 10, 2022 Opinion or Order Filing 28 RESPONSE to Motion re #5 MOTION to Sever Claims Brought Against Anonymous Defendants and Objection filed by Michael Welborn, Rebecca Welborn. (Langer, Robert)
May 6, 2022 Opinion or Order Filing 27 ORDER: With the caveat that Plaintiffs' Motion To Seal Exhibits Referred To In Plaintiffs' Motion To Remand #23 does not state the position of defendants regarding the motion, it appears that, as required by controlling Seventh Circuit precedent, e.g. Citizens First Nat'l Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943 (7th Cir. 1999), good cause exists for the motion based on confidentiality requirements under applicable state law, IC 34-18-8-7. Accordingly, Plaintiffs' Motion #23 is provisionally GRANTED subject to the filing of a motion to unseal should any party object to the sealing of the documents in question. Absent an objection, Docket No. 24 is to remain under seal until such time as confidentiality under IC 34-18-8-7 is no longer required. Approved by Magistrate Judge Joshua P Kolar on 5/6/2022. Text entry order. (tc)
May 5, 2022 Opinion or Order Filing 26 RESPONSE to Motion re #16 Joint MOTION to Stay Proceedings Except for the Purposes Described in the Medical Malpractice Act and Objection filed by Michael Welborn, Rebecca Welborn. (Langer, Robert)
May 5, 2022 Opinion or Order Filing 25 SUPPLEMENT Exhibits I and K to Plaintiffs' Motion to Remand to State Court filed by Michael Welborn, Rebecca Welborn. (Attachments: #1 Exhibit Ex I Richmann v. Anonymous Healthcare Provider #1, et al, Civil Action Number 3:16-CV-112 JVB, Order Granting Motion to Remand to State Court, #2 Exhibit Ex K Affidavit of Steven Langer)(Langer, Robert)
May 5, 2022 Opinion or Order Filing 24 Sealed Document re #23 MOTION to Seal Exhibits Referred to in Plaintiffs' Motion to Remand and Memorandum in Support Thereof Pursuant to N.D. IND. L.R. 5-3(c)(1). (Attachments: #1 Exhibit Sealed Ex A DF Anonymous HCP A Answers to PL 1st Set of Rogs, #2 Exhibit Sealed Ex B State Court Complaint, #3 Exhibit Sealed Ex C Operative Reports and Discharge Summary, #4 Exhibit Sealed Ex D Anonymous HCP F Articles of Incorporation, #5 Exhibit Sealed Ex E Proposed Complaint, #6 Exhibit Sealed Ex F DF Anonymous HCP Answer to PL Rogs, #7 Exhibit Sealed Ex G DF Anonymous HCP F Answers to PL 1st Supp. Rogs, #8 Exhibit Sealed Ex H Amended Proposed Complaint, #9 Exhibit Sealed Ex J Evidence of Citizenship for HCPs)(Langer, Robert)
May 5, 2022 Opinion or Order Filing 23 MOTION to Seal Exhibits Referred to in Plaintiffs' Motion to Remand and Memorandum in Support Thereof Pursuant to N.D. IND. L.R. 5-3(c)(1) by Plaintiffs Michael Welborn, Rebecca Welborn. (Attachments: #1 Index)(Langer, Robert)
May 5, 2022 Opinion or Order Filing 22 BRIEF in Support of #21 MOTION to Remand to State Court filed by Michael Welborn, Rebecca Welborn. (Langer, Robert)
May 5, 2022 Opinion or Order Filing 21 MOTION to Remand to State Court by Plaintiffs Michael Welborn, Rebecca Welborn. (Langer, Robert)
April 27, 2022 Opinion or Order Filing 20 ORDER: The Court, finding good cause shown and noting the agreement of the parties, GRANTS #19 Plaintiffs' Amended Agreed Motion For Extension of Time To Respond To Defendant Ethicon Inc.'s Motion to Sever. The deadline for Plaintiffs' response to #5 is EXTENDED to 5/16/22. Approved by Magistrate Judge Joshua P Kolar on 4/27/2022. Text entry order. (tc)
April 26, 2022 Opinion or Order Filing 19 Amended MOTION for Extension of Time to File Response/Reply to Defendant, Ethicon, Inc's Motion to Sever (Agreed Motion) by Plaintiffs Michael Welborn, Rebecca Welborn. (Langer, Robert)
April 25, 2022 Opinion or Order Filing 18 ORDER: Plaintiffs' Extension Motion #17 is DENIED without prejudice. Signed by Magistrate Judge Joshua P Kolar on 04/25/2022. (jdb)
April 22, 2022 Opinion or Order Filing 17 First MOTION for Extension of Time to File Response/Reply to Defendant, Ethicon, Inc.'s, Notice of Removal by Plaintiffs Michael Welborn, Rebecca Welborn. (Langer, Robert)
April 21, 2022 Opinion or Order Filing 16 Joint MOTION to Stay Proceedings Except for the Purposes Described in the Medical Malpractice Act by Defendants Anonymous Healthcare Provider A, Anonymous Healthcare Provider C, Anonymous Healthcare Provider D. (Stamatakos, Alyssa)
April 21, 2022 Opinion or Order Filing 15 NOTICE of Appearance by Mary M Ruth Feldhake on behalf of Anonymous Healthcare Provider F (Feldhake, Mary)
April 21, 2022 Opinion or Order Filing 14 NOTICE of Appearance by Steven L Langer on behalf of All Plaintiffs (Langer, Steven)
April 21, 2022 Opinion or Order Filing 13 NOTICE of Appearance by Robert A Langer on behalf of All Plaintiffs (Langer, Robert)
April 21, 2022 Opinion or Order Filing 12 NOTICE of Appearance by Alyssa F Stamatakos on behalf of Anonymous Healthcare Provider A, Anonymous Healthcare Provider C, Anonymous Healthcare Provider D (Stamatakos, Alyssa)
April 21, 2022 Opinion or Order Filing 11 NOTICE of Appearance by Sean T Devenney on behalf of Anonymous Healthcare Provider E (Devenney, Sean)
April 21, 2022 Opinion or Order Set Deadlines per #9 Ethicon Inc answer due 5/19/22. (nal)
April 20, 2022 Opinion or Order Filing 10 NOTICE of Appearance by Elizabeth H Knotts on behalf of Anonymous Healthcare Provider B (Knotts, Elizabeth)
April 20, 2022 Opinion or Order Filing 9 AGREED NOTICE to extend time to file answer filed by Ethicon Inc. ; answer due by May 19, 2022. (Larson, Joel)
April 19, 2022 Opinion or Order Filing 8 MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Joshua P Kolar on 4/19/2022. (tc)
April 15, 2022 Opinion or Order Filing 7 NOTICE of Appearance by Steven A Baldwin on behalf of Ethicon Inc. (Baldwin, Steven)
April 15, 2022 Opinion or Order Judge Philip P Simon and Magistrate Judge Joshua P Kolar added. **NEW CASE, MOTION PENDING** (asd)
April 14, 2022 Opinion or Order Filing 5 MOTION to Sever Claims Brought Against Anonymous Defendants by Defendant Ethicon Inc.. (Larson, Joel)
April 14, 2022 Opinion or Order Filing 4 CERTIFICATE of Filing in State Court. (Larson, Joel)
April 14, 2022 Opinion or Order Filing 3 Corporate Disclosure Statement by Ethicon Inc.. (Larson, Joel)
April 14, 2022 Opinion or Order Filing 2 NOTICE of Appearance by Joel Thaddeus Larson, Jr on behalf of Ethicon Inc. (Larson, Joel)
April 14, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL (Filing fee $ 402 receipt number AINNDC-4890568.) from Porter County Superior Court 5, Cause No. 64D05-2203-CT-001912, filed by Ethicon Inc.. (Attachments: #1 Exhibit A - State Court Record, #2 Civil Cover Sheet)(Larson, Joel)

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Search for this case: Welborn et al v. Ethicon Inc. et al
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Plaintiff: Michael Welborn
Represented By: Robert A Langer
Represented By: Steven L Langer
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Plaintiff: Rebecca Welborn
Represented By: Robert A Langer
Represented By: Steven L Langer
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Defendant: Ethicon Inc.
Represented By: Joel Thaddeus Larson, Jr
Represented By: Steven A Baldwin
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Defendant: Anonymous Healthcare Provider A
Represented By: Alyssa F Stamatakos
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Defendant: Anonymous Healthcare Provider B
Represented By: Elizabeth H Knotts
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Defendant: Anonymous Healthcare Provider C
Represented By: Alyssa F Stamatakos
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Defendant: Anonymous Healthcare Provider D
Represented By: Alyssa F Stamatakos
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Defendant: Anonymous Healthcare Provider E
Represented By: Sean T Devenney
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Defendant: Anonymous Healthcare Provider F
Represented By: Mary M Ruth Feldhake
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