Welborn et al v. Ethicon Inc. et al
| Michael Welborn and Rebecca Welborn |
| 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 |
| 2:2022cv00092 |
| April 14, 2022 |
| US District Court for the Northern District of Indiana |
| Joshua P Kolar |
| Philip P Simon |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on January 3, 2023. A more recent docket listing may be available from PACER.
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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)
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Filing 36
REPLY to Response to Motion re #5 MOTION to Sever Claims Brought Against Anonymous Defendants filed by Ethicon Inc.. (Larson, Joel)
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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)
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Filing 34
Ethicon's ANSWER to Complaint by Ethicon Inc..(Larson, Joel)
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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)
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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).
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 22
BRIEF in Support of #21 MOTION to Remand to State Court filed by Michael Welborn, Rebecca Welborn. (Langer, Robert)
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Filing 21
MOTION to Remand to State Court by Plaintiffs Michael Welborn, Rebecca Welborn. (Langer, Robert)
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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)
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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)
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Filing 18
ORDER: Plaintiffs' Extension Motion #17 is DENIED without prejudice. Signed by Magistrate Judge Joshua P Kolar on 04/25/2022. (jdb)
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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)
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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)
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Filing 15
NOTICE of Appearance by Mary M Ruth Feldhake on behalf of Anonymous Healthcare Provider F (Feldhake, Mary)
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Filing 14
NOTICE of Appearance by Steven L Langer on behalf of All Plaintiffs (Langer, Steven)
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Filing 13
NOTICE of Appearance by Robert A Langer on behalf of All Plaintiffs (Langer, Robert)
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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)
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Filing 11
NOTICE of Appearance by Sean T Devenney on behalf of Anonymous Healthcare Provider E (Devenney, Sean)
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Set Deadlines per #9 Ethicon Inc answer due 5/19/22. (nal)
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Filing 10
NOTICE of Appearance by Elizabeth H Knotts on behalf of Anonymous Healthcare Provider B (Knotts, Elizabeth)
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Filing 9
AGREED NOTICE to extend time to file answer filed by Ethicon Inc. ; answer due by May 19, 2022. (Larson, Joel)
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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)
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Filing 7
NOTICE of Appearance by Steven A Baldwin on behalf of Ethicon Inc. (Baldwin, Steven)
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Judge Philip P Simon and Magistrate Judge Joshua P Kolar added. **NEW CASE, MOTION PENDING** (asd)
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Filing 5
MOTION to Sever Claims Brought Against Anonymous Defendants by Defendant Ethicon Inc.. (Larson, Joel)
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Filing 4
CERTIFICATE of Filing in State Court. (Larson, Joel)
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Filing 3
Corporate Disclosure Statement by Ethicon Inc.. (Larson, Joel)
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Filing 2
NOTICE of Appearance by Joel Thaddeus Larson, Jr on behalf of Ethicon Inc. (Larson, Joel)
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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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