LITTLE et al v. COLOPLAST CORP. et al
| MELISSA R LITTLE and JOHN M LITTLE, JR |
| COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC and MICHAEL H HEIT, MD |
| 1:2022cv00888 |
| May 5, 2022 |
| US District Court for the Southern District of Indiana |
| Doris L Pryor |
| James R Sweeney |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
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Filing 64
ORDER - The Court has been advised by counsel that a settlement has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are VACATED. IT IS ORDERED that within sixty days of this date, counsel for the plaintiff shall file a motion to dismiss this cause or a stipulation of dismissal. Copy to Lisa Causey-Street and Phillip R. Green via US Mail. Signed by Magistrate Judge Doris L. Pryor on 6/30/2022.(SWM) Modified on 6/30/2022 (SWM).
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| Filing 63 BRIEF/MEMORANDUM in Support re #62 MOTION to Maintain Document Under Seal #61 SEALED Document (Case Participants - doc) [Motion to Maintain Previously Sealed State Court Documents Under Seal] , filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Kazmierczak, Kristopher) |
| Filing 62 MOTION to Maintain Document Under Seal #61 SEALED Document (Case Participants - doc) [Motion to Maintain Previously Sealed State Court Documents Under Seal], filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Text of Proposed Order)(Kazmierczak, Kristopher) |
| Filing 61 SEALED State Court Record Entries, re #9 SEALED Document (Case Participants - doc), filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Exhibit SEALED Ex. 4, #2 Exhibit SEALED Ex. 5-A, #3 Exhibit SEALED Ex. 6-A, #4 Exhibit SEALED Ex. 7, #5 Exhibit SEALED Ex. 26, #6 Exhibit SEALED Ex. 33, #7 Exhibit SEALED Ex. 41, #8 Exhibit SEALED Ex. 42, #9 Exhibit SEALED Ex. 43, #10 Exhibit SEALED Ex. 47)(Kazmierczak, Kristopher) |
| Filing 60 EXHIBIT re #58 Order, #9 SEALED Document (Case Participants - doc) Amended State Court Record Volumes In Excess by COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Exhibit Amended Ex. A-121, Pt 1, #2 Exhibit Amended Ex. A-121, Pt 2, #3 Exhibit Amended Ex. A-121, Pt 3, #4 Exhibit Amended Ex. A-121, Pt 4)(Kazmierczak, Kristopher) |
| Filing 59 NOTICE [NOTICE OF CASE RESOLUTION], filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC (Attachments: #1 Text of Proposed Order) (Kazmierczak, Kristopher) |
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Filing 58
ORDER - This matter comes before the Court on the Defendants' Amended Motion to Maintain Documents Under Seal, Dkt. [ #33 ]. Specifically, the Defendants seek to seal Docket Nos. 4-1, 9-1, 9-2, 9-3, 9-4, and 26. (Dkts. 33, 34). The Court previously sealed Docket No. 26. (Dkt. 49). Accordingly, the Court DENIES AS MOOT Plaintiff's request as to Docket No. 26. Similarly, the Court previously granted the Defendants' motion to strike Docket No. 4-1. (Dkt. 50). Accordingly, the Court DENIES AS MOOT Defendants' request to seal Docket No. 4-1. The Defendants' motion to seal portions of Docket Nos. 9- 1, 9-2, 9-3, and 9-4 fails to comply with the Local Rules, and thus is denied. Within 7 days of this Order, the Defendants are directed to review Docket Nos. 9-1, 9-2, 9-3, and 9-4, and determine which exhibits within these filings they are requesting to be sealed. The Defendants will then need to file their non-sealed foundation document with the non-sealed exhibits using the appropriate non- sealed filing event. Next, in a separate filing, the Defendants must file their sealed exhibits using the SEALED DOCUMENT event. Lastly, contemporaneously with this filing, the Defendants must file a motion to maintain documents under seal, pursuant to S.D. Ind. L.R. 5-11 and ECF Procedures Section 18(d) Motion to Seal. In the interim, the Clerk is directed to maintain Docket Nos. 9-1, 9- 2, 9-3, and 9-4 under seal. See Order for additional information. Copy to Lisa Causey-Street and Phillip R. Green via US Mail. Signed by Magistrate Judge Doris L. Pryor on 6/21/2022.(SWM)
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Filing 57
ORDER - This matter comes before the Court on the Defendants' Motion to Maintain Documents Under Seal, Dkt. [ #10 ]. On May 26, 2022, the Defendants filed an Amended Motion to Maintain Documents Under Seal that is "intended to replace and supersede" the present motion. (Dkt. #33 ). Accordingly, the Court, being duly advised, DENIES AS MOOT the present motion. Copy to Lisa Causey-Street and Phillip R. Green. Signed by Magistrate Judge Doris L. Pryor on 6/16/2022. (SWM) Modified on 6/17/2022 to reflect copies mailed per distribution list.(SWM).
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Filing 56
ORDER - This matter comes before the Court on the Defendants' Motion to Seal State Court Filings, Dkt. [ #35 ]. As an initial matter, the Court advises the parties that the Court is unable to seal portions of a filing; rather the Court only has the capability of sealing entire documents. On June 2, 2022, the Court granted the Defendants' motion to strike documents, including Docket Nos. 4-5, 5-1, and 6-3, from the record. Accordingly, the Court DENIES AS MOOT Plaintiff's request to seal (see Order ).The Court, however, finds good cause to GRANT the present Motion as to the remaining documents. Accordingly, the following documents shall be maintained UNDER SEAL (see Order). Copy to Phillip R. Green and Lisa Causey-Street via US Mail. Signed by Magistrate Judge Doris L. Pryor on 6/8/2022. (SWM) Modified on 6/8/2022 (SWM).
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| Filing 55 EXHIBIT re #50 Order on Motion to Withdraw [AMENDED VOLUME 19 STATE COURT RECORD EXHIBITS (VOLUMES IN EXCESS)] by COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Exhibit AMENDED State Court Record Volume 19, Exhibit A-218 - A-223)(Kazmierczak, Kristopher) |
| Filing 54 EXHIBIT re #50 Order on Motion to Withdraw [AMENDED VOLUME 12 STATE COURT RECORD EXHIBITS (VOLUMES IN EXCESS)] by COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Exhibit AMENDED State Court Record Volume 12, Exhibit A-179 - A-195)(Kazmierczak, Kristopher) |
| Filing 53 EXHIBIT re #50 Order on Motion to Withdraw [AMENDED VOLUME 9 STATE COURT RECORD EXHIBITS (VOLUMES IN EXCESS)] by COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Exhibit AMENDED State Court Record Volume 9, Exhibit A-156 - A-1171)(Kazmierczak, Kristopher) |
| Filing 52 EXHIBIT re #50 Order on Motion to Withdraw [AMENDED VOLUME 5 STATE COURT RECORD EXHIBITS (VOLUMES IN EXCESS)] by COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Exhibit AMENDED State Court Record Volume 5, Exhibit A-101 - A-106)(Kazmierczak, Kristopher) |
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Filing 51
ORDER granting #47 Motion to Appear pro hac vice. Attorney Thomas O. Plouff for JOHN M LITTLE, JR. and MELISSA R LITTLE added. Copy to Lisa Causey-Street and Phillip R. Green via US Mail. Signed by Magistrate Judge Doris L. Pryor on 6/2/2022. (SWM)
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Filing 50
ORDER - This matter comes before the Court on the Defendants' Motion to Remove, or in the Alternative, to Seal ECF 4-1, ECF 4-2, ECF 4-5, ECF 5-1, and ECF 6-3, and to Substitute with Amended Filings, Dkt. [ #37 ]. The Court, being duly advised, hereby GRANTS IN PART and DENIES IN PART AS MOOT said Motion. The Court previously struck Docket No. 4-2 from the record and substitute it with Docket No. 25. Accordingly, the Court denies as moot the present motion with respect to Docket No. 4-2. With regards to the remainder of the Defendants' motion, Volumes 5, 9, 12, and 19 (Docket Nos. 4-1, 4-5, 5-1, and 6-3) are STRICKEN from the record. The Defendants are granted leave to file Amended Volumes 5, 9, 12, and 19, and shall do so within three (3) days of this Order. Copy to Lisa Causey-Street and Phillip R. Green via US Mail. Signed by Magistrate Judge Doris L. Pryor on 6/2/2022. (SWM)
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Filing 49
ORDER - This matter comes before the Court on the Defendants' Motion to Maintain Document Under Seal, Dkt. [ #27 ]. The Court, being duly advised, hereby GRANTS said Motion. Docket No. 26, including all attachments, shall be maintained UNDER SEAL. Copy to Lisa Causey-Street and Phillip R. Green via US Mail. Signed by Magistrate Judge Doris L. Pryor on 6/1/2022. (SWM)
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Filing 48
ORDER - This matter comes before the Court on the Defendants' Motion to Remove and Substitute Documents, Dkt. [ #24 ]. The Court, being duly advised, hereby GRANTS said Motion. Volume 6 of the State Court Record (Docket No. 4-2) is STRICKEN from the record and SUBSTITUTED with Amended Volume 6 of the State Court Record (Docket No. 25). Copy to Lisa Causey-Street and Philip R. Green via US Mail. Signed by Magistrate Judge Doris L. Pryor on 6/1/2022. (SWM)
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| Filing 47 MOTION for Attorney(s) Thomas O. Plouff to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7128064), filed by Plaintiffs JOHN M LITTLE, JR, MELISSA R LITTLE. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice)(Plouff, Thomas) |
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Filing 46
ORDER - This matter comes before the Court on the Defendants' Motion to Extend Deadline to Refile All State Court Pre-Trial Filings Until After the Initial Pre-Trial Conference, Dkt. [ #39 ]. The Court confirmed via email that Plaintiffs do not object. The Court, being duly advised, hereby GRANTS said Motion. The deadline for the parties to file, or refile, their pretrial motions which were pending before the Marion Superior Court No. 1 before removal will be set during the July 11, 2022 telephonic initial pretrial conference. Copy to Lisa Causey-Street and Phillip P. Green via US Mail. Signed by Magistrate Judge Doris L. Pryor on 5/31/2022. (SWM)
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| Filing 45 NOTICE of Filing Notice of Filing Relating to ECF No. 22 by All Plaintiffs (Attachments: #1 Exhibit Ex. Q, transcript from March 14, 2022, hearing, #2 Exhibit Ex. R, transcript from April 26,2022 hearing) (Plouff, Thomas) |
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Filing 44
ORDER granting #32 Motion to Appear pro hac vice. Attorney Val Leppert for COLOPLAST CORP. and COLOPLAST MANUFACTURING US, LLC added. Copy to Lisa Causey-Street and Phillip R. Green via US Mail. Signed by Magistrate Judge Doris L. Pryor on 5/27/2022. (SWM)
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| Filing 43 RESPONSE in Opposition re #20 MOTION to Remand Plaintiffs' Motion to Remand , filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Exhibit 1 (Margolis Deposition Excerpts), #2 Exhibit 2 (Heit Deposition Excerpts))(Kazmierczak, Kristopher) |
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Filing 42
ORDER granting #31 Motion to Appear pro hac vice. Attorney Lisa H. Shub for COLOPLAST CORP. and COLOPLAST MANUFACTURING US, LLC added. Copy to Lisa Causey-Street and Phillip R. Green via US Mail. Signed by Magistrate Judge Doris L. Pryor on 5/27/2022. (SWM)
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Filing 41
ORDER granting #30 Motion to Appear pro hac vice. Attorney Melvin D. Bailey for COLOPLAST CORP. and COLOPLAST MANUFACTURING US, LLC added. Copy to Lisa Causey-Street and Philip R. Green via US Mail. Signed by Magistrate Judge Doris L. Pryor on 5/27/2022. (SWM)
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| Filing 40 RESPONSE in Opposition re #23 MOTION Plaintiffs' Motion for an Expediated Briefing Schedule with Plaintiff Waiving Reply, Expedited Hearing, and Rescheduling of Initial Pretrial Conference , filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Kazmierczak, Kristopher) |
| Filing 39 MOTION for Extension of Time to [Motion to Extend Deadline to Refile All State Court Pre-Trial Filings Until After the Initial Pre-Trial Conference], filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Text of Proposed Order)(Kazmierczak, Kristopher) |
| Filing 38 SEALED [EXHIBITS TO MOTION TO REMOVE, OR IN THE ALTERNATIVE, TO SEAL ECF 4-1, ECF 4-2, ECF 4-5, ECF 5-1, AND ECF 6-3 AND TO SUBSTITUTE WITH AMENDED FILINGS], re #37 Motion to Withdraw, filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Exhibit (SEALED Ex G. - Heit Deposition), #2 Exhibit (SEALED Ex. J - Blaivas Deposition), #3 Exhibit (SEALED Ex. B - Becker Report), #4 Exhibit (SEALED Ex. A - Freeman Expert Report), #5 Exhibit (SEALED Ex. B - Freeman Deposition), #6 Exhibit (SEALED Ex. A - Blaivas Report), #7 Exhibit (SEALED Ex. E - Margolis Disclosure))(Kazmierczak, Kristopher) |
| Filing 37 MOTION to Withdraw #4 Exhibit, #6 Exhibit, #35 MOTION to Seal Document #4 Exhibit, #6 Exhibit, #9 SEALED Document (Case Participants - doc), #5 Exhibit [DEFENDANTS COLOPLAST CORP. AND COLOPLAST MANUFACTURING US, LLC'S MOTION TO SEAL STATE COURT FILINGS], #33 MOTION to Maintain Document Under Seal #4 Exhibit, #10 MOTION to Maintain Document Under Seal #9 SEALED Document (Case Participants - doc) SEALED STATE COURT DOCKET ENTRIES, #26 SEALED Document (Case Participants - doc), #9 SEAL, #5 Exhibit [MOTION TO REMOVE, OR IN THE ALTERNATIVE, TO SEAL ECF 4-1, ECF 4-2, ECF 4-5, ECF 5-1, AND ECF 6-3 AND TO SUBSTITUTE WITH AMENDED FILINGS], filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Exhibit (Amended ECF 4-1, State Court Record Volume 5), #2 Exhibit (Amended ECF 4-5, State Court Record Volume 9), #3 Exhibit (Amended ECF 5-1, State Court Record Volume 12), #4 Exhibit (Amended ECF 6-3, State Court Record Volume 19), #5 Text of Proposed Order)(Kazmierczak, Kristopher) |
| Filing 36 BRIEF/MEMORANDUM in Support re #35 MOTION to Seal Document #4 Exhibit, #6 Exhibit, #9 SEALED Document (Case Participants - doc), #5 Exhibit [DEFENDANTS COLOPLAST CORP. AND COLOPLAST MANUFACTURING US, LLC'S MOTION TO SEAL STATE COURT FILINGS] [DEFENDANTS COLOPLAST CORP. AND COLOPLAST MANUFACTURING US, LLC'S BRIEF IN SUPPORT OF ITS MOTION TO SEAL STATE COURT FILINGS], filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Exhibit 1 - Coloplast's Response in Support of Plaintiffs' Motions for Leave to File Certain Exhibits)(Kazmierczak, Kristopher) |
| Filing 35 MOTION to Seal Document #4 Exhibit, #6 Exhibit, #9 SEALED Document (Case Participants - doc), #5 Exhibit [DEFENDANTS COLOPLAST CORP. AND COLOPLAST MANUFACTURING US, LLC'S MOTION TO SEAL STATE COURT FILINGS], filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Text of Proposed Order)(Kazmierczak, Kristopher) |
| Filing 34 BRIEF/MEMORANDUM in Support re #33 MOTION to Maintain Document Under Seal #4 Exhibit, #10 MOTION to Maintain Document Under Seal #9 SEALED Document (Case Participants - doc) SEALED STATE COURT DOCKET ENTRIES, #26 SEALED Document (Case Participants - doc), #9 SEAL [DEFENDANTS COLOPLAST CORP. AND COLOPLAST MANUFACTURING US, LLC'S BRIEF IN SUPPORT OF ITS AMENDED MOTION TO MAINTAIN DOCUMENTS UNDER SEAL], filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Exhibit 1 - Notice of Exclusion)(Kazmierczak, Kristopher) |
| Filing 33 MOTION to Maintain Document Under Seal #4 Exhibit, #10 MOTION to Maintain Document Under Seal #9 SEALED Document (Case Participants - doc) SEALED STATE COURT DOCKET ENTRIES, #26 SEALED Document (Case Participants - doc), #9 SEALED Document (Case Participants - doc) [DEFENDANTS COLOPLAST CORP. AND COLOPLAST MANUFACTURING US, LLC'S AMENDED MOTION TO MAINTAIN DOCUMENTS UNDER SEAL], filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Text of Proposed Order)(Kazmierczak, Kristopher) |
| Filing 32 MOTION for Attorney(s) Valentin Leppert to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7120065), filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Text of Proposed Order)(Leppert, Val) |
| Filing 31 MOTION for Attorney(s) Lisa H. Shub to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7120062), filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Text of Proposed Order)(Shub, Lisa) |
| Filing 30 MOTION for Attorney(s) Melvin D. Bailey to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7119651), filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Text of Proposed Order)(Bailey, Melvin) |
| Filing 29 NOTICE TO THE COURT OF COMPLETE STATE COURT RECORD, filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC, re #18 Order. (Attachments: #1 Exhibit 1 (Cross-Reference Chart of Filings), #2 Exhibit D (State Court Notice of Filing Notice of Removal)) (Kazmierczak, Kristopher) |
| Filing 27 MOTION to Maintain Document Under Seal #26 SEALED Document (Case Participants - doc) , filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Text of Proposed Order)(Kazmierczak, Kristopher) |
| Filing 26 *** SEALED PER DKT. NUMBER #49 *** SEALED [EX 1, PART OF AMENDED STATE COURT RECORD, VOL. 6], re #25 Exhibit, filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Exhibit 1 [SEALED Ex 1 to Plaintiffs' Response to Motion for Discovery Sanctions])(Kazmierczak, Kristopher) Modified on 6/3/2022 (SWM). |
| Filing 25 EXHIBIT re #4 Exhibit, #24 MOTION to Withdraw #4 Exhibit [MOTION TO REMOVE AND SUBSTITUTE ECF 4-2] [AMENDED ECF 4-2] by COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Kazmierczak, Kristopher) |
| Filing 24 MOTION to Withdraw #4 Exhibit [MOTION TO REMOVE AND SUBSTITUTE ECF 4-2], filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Text of Proposed Order)(Kazmierczak, Kristopher) |
| Filing 28 Mail Returned as undeliverable. #19 Scheduling Order sent to WILLIAM EDWARD STEIMLE (101 Second St, Ste 2300, San Francisco, CA 94105). (JDC) |
| Filing 23 MOTION Plaintiffs' Motion for an Expediated Briefing Schedule with Plaintiff Waiving Reply, Expedited Hearing, and Rescheduling of Initial Pretrial Conference, filed by Plaintiffs JOHN M LITTLE, JR, MELISSA R LITTLE. (Attachments: #1 Exhibit Rodovich Order Continuing Trial, 3/24/2022)(Plouff, Thomas) |
| Filing 22 BRIEF/MEMORANDUM in Support re #20 MOTION to Remand Plaintiffs' Motion to Remand Plaintiffs' Memorandum in Support of Motion to Remand, filed by Plaintiffs JOHN M LITTLE, JR, MELISSA R LITTLE. (Plouff, Thomas) |
| Filing 21 APPENDIX re Plaintiffs' Exhibit List for Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Remand, re #20 MOTION to Remand Plaintiffs' Motion to Remand, filed by Plaintiffs JOHN M LITTLE, JR, MELISSA R LITTLE. (Attachments: #1 Exhibit Plaintiffs' Response to Defendant Michael H. Heit, M.D.'s Motion for Summary Judgment, #2 Exhibit February 25, 2022, Email Exchange, #3 Exhibit April 21, 2022, Email Exchange, #4 Exhibit Email Correspondence, April 2021, between Plaintiff Counsel and Heit Counsel, #5 Exhibit Martinez v. Coloplast Docket Sheet, #6 Exhibit Defendant Michael Heit, M.D.'s Answers to Plaintiff's Interrogatories, #7 Exhibit Declaration of Michael Thomas Margolis, #8 Exhibit Amended Disclosure for Dr. Margolis March 8, 2021, #9 Exhibit Defendant Michael Heit, M.D.'s Responses to Plaintiff's Request for Production, #10 Exhibit Mutual Release and Reimbursement Agreement, #11 Exhibit Plaintiffs' Answers to Interrogatories Propounded by Defendant, Michael H. Heit, M.D., #12 Exhibit Plaintiff's Responses to Defendant, Michael H. Heit, M.D.'s Request for Production of Documents, #13 Exhibit Plaintiff's Request for Production of Documents to Defendant Michael Heit, M.D., #14 Exhibit Plaintiff's Interrogatories to Defendant Michael Heit, M.D., #15 Exhibit Defendant Michael H. Heit, M.D. 's First Set of Interrogatories to Plaintiff, #16 Exhibit Defendant Michael H. Heit, M.D.'s Request for Production of Documents to Plaintiff)(Plouff, Thomas) Modified on 5/16/2022 (BRR). |
| Filing 20 MOTION to Remand Plaintiffs' Motion to Remand, filed by Plaintiffs JOHN M LITTLE, JR, MELISSA R LITTLE. (Plouff, Thomas) |
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Filing 19
SCHEDULING ORDER: Initial Pretrial Conference set for 7/11/2022 03:30 PM (Eastern Time) in Telephonic before Magistrate Judge Doris L. Pryor. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. See Order for additional information. Copy to Zachary C. Burnett, Lisa Causey-Street, Phillip R. Green and William Edward Steimle via US Mail. Signed by Magistrate Judge Doris L. Pryor on 5/12/2022.(SWM)
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Filing 18
ORDER - This action was removed to this Court on May 5, 2022. Local Rule 81-2(a) provides that "the removing party must file a copy of the State Court Record." Defendant Coloplast Corp. and Coloplast Manufacturing US, LLC have done so in several separate filings, likely due to the sheer volume of the state court record. (ECF Nos. #1 , 4-7, 13.) In the meantime, the Marion County Clerk's Office has also transmitted the state court record to the Clerk's Office of this Court. Nonetheless, Defendants are directed to ensure and verify that the complete state court record has been filed with this Court. If there is any state court filing not already on this Court's docket, these Defendants shall file it by May 17, 2022; otherwise, these Defendants shall file by that same date, a statement with the Court verifying that to the best of their knowledge and belief, the state court record previously filed is intact. Signed by Judge James R. Sweeney II on 5/11/2022. (AKH)
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| Filing 17 NOTICE of Appearance by Richard A. Cook on behalf of Plaintiffs JOHN M LITTLE, JR, MELISSA R LITTLE. (Cook, Richard) |
| Filing 16 PRACTICES AND PROCEDURES before Judge James R. Sweeney II. (JDC) |
| Filing 15 NOTICE of Appearance by Mary M. Ruth Feldhake on behalf of Defendant MICHAEL H HEIT, MD. (Feldhake, Mary) |
| Filing 14 RESPONSE in Opposition [TO PLAINTIFFS' MOTION TO AUTHORIZE PLAINTIFFS' EXPERT AND CERTAIN COLOPLAST EMPLOYEES IDENTIFIED AS NONRETAINED EXPERTS TO TESTIFY VIA VIDEOCONFERENCE], filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Exhibit 1 (Boothe E-Mail 2-24-22), #2 Exhibit 2 (Plouff E-Mail 3-1-22), #3 Exhibit 3 (Parks E-Mail 3-1-22), #4 Exhibit 4 (Parks E-Mail 3-7-22))(Zweig, Sally) |
| Filing 13 NOTICE OF ADDITIONAL STATE COURT RECORD -STATE COURT ORDER VACATING HEARING AND JURY TRIAL, filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC, re #1 Notice of Removal. (Attachments: #1 Exhibit A (Order Vacating Jury Trial, Little v. Coloplast, Marion County Superior Court 1))) (Kazmierczak, Kristopher) |
| Filing 12 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (NLR) |
| Filing 11 Corporate Disclosure Statement by COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC identifying Corporate Parent COLOPLAST A/S for COLOPLAST CORP.; Corporate Parent Coloplast Corp. for COLOPLAST MANUFACTURING US, LLC.. (Kazmierczak, Kristopher) |
| Filing 10 MOTION to Maintain Document Under Seal #9 SEALED Document (Case Participants - doc) SEALED STATE COURT DOCKET ENTRIES, filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Text of Proposed Order)(Kazmierczak, Kristopher) |
| Filing 9 SEALED STATE DOCKET ENTRIES, re #1 Notice of Removal, filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Exhibit A-121 Part 1 (SEALED Ptfs' Response to Motion for Summary Judgement), #2 Exhibit A-121 Part 2 (SEALED Ptfs' Response to Motion for Summary Judgement), #3 Exhibit A-121 Part 3 (SEALED Ptfs' Response to Motion for Summary Judgement), #4 Exhibit A-121 Part 4 (SEALED Ptfs' Response to Motion for Summary Judgement), #5 Exhibit A-152 (SEALED Last Known for Christine Buckvold), #6 Exhibit A-179 (SEALED Ex. 12 to Coloplast's Motion to Exclude Mays), #7 Exhibit A246 (SEALED Pltfs' Motion to File Exhibits to Notice of Supplemental Authority))(Kazmierczak, Kristopher) |
| Filing 8 NOTICE [Defendants' Notice of Pending Motions in Connection With Their Removal of State Court Action], filed by Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC (Kazmierczak, Kristopher) |
| Filing 7 EXHIBIT re #1 Notice of Removal [Exhibits B and C to Notice of Removal] by COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 Exhibit B - First Amended Complaint, #2 Exhibit C - August 27, 2022 Email)(Kazmierczak, Kristopher) |
| Filing 6 EXHIBIT re #1 Notice of Removal [State Court Records Exhibits (Volumes in Excess)] by COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #2 State Court Record remainder of documents in excess as noted on State Court Record listing attached, # *** STRICKEN PER DKT. NO. #50 *** (3) State Court Record remainder of documents in excess as noted on State Court Record listing attached, #4 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #5 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #6 State Court Record remainder of documents in excess as noted on State Court Record listing attached)(Kazmierczak, Kristopher) Modified on 6/3/2022 (SWM). |
| Filing 5 EXHIBIT re #1 Notice of Removal [State Court Records Exhibits (Volumes in Excess)] by COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: # *** STRICKEN PER DKT. NO. #50 *** (1) State Court Record remainder of documents in excess as noted on State Court Record listing attached, #2 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #3 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #4 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #5 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #6 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #7 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #8 State Court Record remainder of documents in excess as noted on State Court Record listing attached)(Kazmierczak, Kristopher) Modified on 6/3/2022 (SWM). |
| Filing 4 EXHIBIT re #1 Notice of Removal [State Court Record Exhibits (Volumes in Excess)] by COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Attachments: #1 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #2 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #3 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #4 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #5 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #6 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #7 State Court Record remainder of documents in excess as noted on State Court Record listing attached)(Kazmierczak, Kristopher) |
| Filing 3 NOTICE of Appearance by Sally F. Zweig on behalf of Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Zweig, Sally) |
| Filing 2 NOTICE of Appearance by Kristopher N. Kazmierczak on behalf of Defendants COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC. (Kazmierczak, Kristopher) |
| Filing 1 NOTICE OF REMOVAL from Marion Superior Court No. 1, case number 49D01-1906-CT-23475, filed by COLOPLAST MANUFACTURING US, LLC, COLOPLAST CORP.. (Filing fee $402, receipt number AINSDC-7090713) (Attachments: #1 State Court Record Complaint; Plaintiffs' Appearance; Summons (Boston Scientific); Summons (Coloplast Corp); Summons (Coloplast Manufact); Summons (Heit); First Amended Complaint; Plaintiffs' Appearance; remainder of documents in excess as noted on State Court Record listing attached, #2 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #3 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #4 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #5 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #6 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #7 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #8 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #9 State Court Record remainder of documents in excess as noted on State Court Record listing attached, #10 Civil Cover Sheet)(Kazmierczak, Kristopher) |
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