Blackburn v. Medtronic, Inc. et al
Plaintiff: Stacy Blackburn
Defendant: Covidien Holding Inc., Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Covidien Sales LLC and Medtronic, Inc.
Case Number: 5:2019cv00457
Filed: November 20, 2019
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Claria Horn Boom
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 10, 2020 Filing 10 RESPONSE in Opposition re #9 MOTION to Dismiss by Stacy Blackburn MOTION to Remand by Stacy Blackburn filed by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc.. (Attachments: #1 Exhibit Exhibit A - Plaintiff's Answers to Interrogatories, #2 Exhibit Exhibit B - Plaintiff's Response to Request for Admission)(Startsman, Emily)
December 23, 2019 NOTICE OF DOCKET MODIFICATION TO Joshua Hicks re #9 MOTION to Dismiss & MOTION to Remand by Stacy Blackburn; Error: Exhibits were filed together with the memorandum instead of as separate attachments. Entry by attorney; Clerk added the exhibits as separate attachments. In the future, file each exhibit separately from one another and separate from the main document. No further action required by counsel. cc: COR (KJR)
December 23, 2019 ***MOTION SUBMITTED TO CHAMBERS of Judge Boom for review: re #9 MOTION to Dismiss by Stacy Blackburn MOTION to Remand by Stacy Blackburn (KJR)
December 20, 2019 Filing 9 MOTION to Dismiss by Stacy Blackburn , MOTION to Remand by Stacy Blackburn (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Hicks, Joshua) (Additional attachment(s) added on 12/23/2019: #3 Exhibit Plan of Care, responses, Affidavit of McElwain, complaint) (KJR).
December 18, 2019 Opinion or Order Filing 8 ORDER: 1) The #6 & #7 Motions to Appear Pro Hac Vice are GRANTED. 2) Megan M. Egli & Kayla A. Brewe are granted leave to appear PHV for dfts Medtronic, Inc., Medtronic USA, Inc., Medtronic Sofamor Danek USA, Inc., Covidien Sales, LLC and Covidien Holding, Inc. in this action. 3) If during the pendency of this action, Megan M. Egli & Kayla A. Brewe are subject to any disciplinary action by any court, state, territory or the District of Columbia, they must immediately notify the Court and provide information necessary for the Court to evaluate whether continued admission in this case is appropriate. Signed by Judge Claria Horn Boom on 12/18/2019. (MDC) cc: COR; Order + ECF Registration Form mailed to attys Megan Egli & Kayla Brewe via regular mail.
December 17, 2019 ***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re #6 MOTION for Megan M. Egli to Appear Pro Hac Vice by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. ( Filing fee $125; receipt number 0643-4546662), #7 MOTION for Kayla A. Brewe to Appear Pro Hac Vice by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. ( Filing fee $125; receipt number 0643-4546672) (KM)
December 17, 2019 BAR STATUS Check completed as to Megan M. Egli, Kayla A. Brewe re #6 MOTION for Megan M. Egli to Appear Pro Hac Vice by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. (Filing fee $125; receipt number 0643-4546662), #7 MOTION for Kayla A. Brewe to Appear Pro Hac Vice by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. (Filing fee $125; receipt number 0643-4546672). (KM)
December 16, 2019 Filing 7 MOTION for Kayla A. Brewe to Appear Pro Hac Vice by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. ( Filing fee $125; receipt number 0643-4546672) (Attachments: #1 Affidavit, #2 Proposed Order)(Browning, Carol)
December 16, 2019 Filing 6 MOTION for Megan M. Egli to Appear Pro Hac Vice by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. ( Filing fee $125; receipt number 0643-4546662) (Attachments: #1 Affidavit, #2 Proposed Order)(Browning, Carol)
December 12, 2019 Opinion or Order Filing 5 ORDER: IT IS HEREBY ORDERED as follows: 1) The #4 Motion to Appear PHV is GRANTED. 2) Bryan T. Pratt is granted leave to appear PHV for Dfts Medtronic, Inc., Medtronic USA, Inc., Medtronic Sofamor Danek USA, Inc., Covidien Sales, LLC and Covidien Holding, Inc. in this action. 3) If during the pendency of this action, Bryan T. Pratt is disbarred, suspended from practice, is not in good standing with the Bar to which he is a member, or is subject to any other disciplinary action by any court, state, territory or the District of Columbia, he must immediately notify the Court and provide information necessary for the Court to evaluate whether continued admission in this case is appropriate. Signed by Judge Claria Horn Boom on 12/12/2019. (MDC) cc: COR
December 12, 2019 ***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re #4 MOTION for Bryan T. Pratt to Appear Pro Hac Vice by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. ( Filing fee $125; receipt number 0643-4542898) (KM)
December 12, 2019 BAR STATUS Check completed as to Bryan T. Pratt re #4 MOTION for Bryan T. Pratt to Appear Pro Hac Vice by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. (Filing fee $125; receipt number 0643-4542898). (KM)
December 11, 2019 Filing 4 MOTION for Bryan T. Pratt to Appear Pro Hac Vice by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. ( Filing fee $125; receipt number 0643-4542898) (Attachments: #1 Affidavit, #2 Proposed Order)(Browning, Carol)
November 20, 2019 Filing 2 FRCP 7.1 DISCLOSURE STATEMENT by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. identifying Corporate Parent Medtronic plc for Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. (MDC)
November 20, 2019 SUMMONS Returned Executed via Certified Mail to Covidien Sales LLC served on 9/10/2019, answer due 10/1/2019. FILED IN STATE COURT RECORD. SEE #1 . (MDC)
November 20, 2019 SUMMONS Returned Executed via Certified Mail to Medtronic Sofamor Danek USA, Inc. served on 9/10/2019, answer due 10/1/2019. FILED IN SATE COURT RECORD. SEE #1 . (MDC)
November 20, 2019 ANSWER to Complaint (Notice of Removal) by Covidien Holding Inc., Covidien Sales LLC, Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc. FILED IN STATE COURT RECORD. SEE #1 . (MDC)
November 20, 2019 Conflict Check run. (MDC)
November 20, 2019 Filing 1 NOTICE OF REMOVAL from Fayette County Circuit Court, case number 19-CI-3214. ( Filing fee $400; receipt number 0643-4526600), filed by Medtronic USA, Inc., Medtronic Sofamor Danek USA, Inc., Covidien Holding Inc., Medtronic, Inc., Covidien Sales LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Record, #3 Exhibit B - Pla's 11-12-19 Discovery Responses, #4 Exhibit C - Itemized Costs of Services Statement, #5 Exhibit D - Pla's Responses to Requests for Admission)(MDC)
November 20, 2019 SUMMONS Returned Executed via Certified Mail to Medtronic, Inc. served on 9/17/2019, answer due 10/8/2019. FILED IN STATE COURT RECORD. SEE #1 (MDC)
November 20, 2019 SUMMONS Returned Executed via Certified Mail to Covidien Holding Inc. served on 9/17/2019, answer due 10/8/2019. FILED IN STATE COURT RECORD. SEE #1 . (MDC)
November 20, 2019 SUMMONS Returned Executed via Certified Mail to Medtronic USA, Inc. served on 9/17/2019, answer due 10/8/2019. FILED IN STATE COURT RECORD. SEE #1 . (MDC)

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Defendant: Covidien Holding Inc.
Represented By: Emily Larish Startsman
Represented By: Carol Dan Browning
Represented By: Megan M. Egli
Represented By: Kayla A. Brewe
Represented By: Bryan T. Pratt
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Defendant: Medtronic Sofamor Danek USA, Inc.
Represented By: Emily Larish Startsman
Represented By: Carol Dan Browning
Represented By: Megan M. Egli
Represented By: Kayla A. Brewe
Represented By: Bryan T. Pratt
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Defendant: Medtronic USA, Inc.
Represented By: Emily Larish Startsman
Represented By: Carol Dan Browning
Represented By: Megan M. Egli
Represented By: Kayla A. Brewe
Represented By: Bryan T. Pratt
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Defendant: Covidien Sales LLC
Represented By: Emily Larish Startsman
Represented By: Carol Dan Browning
Represented By: Megan M. Egli
Represented By: Kayla A. Brewe
Represented By: Bryan T. Pratt
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Defendant: Medtronic, Inc.
Represented By: Emily Larish Startsman
Represented By: Carol Dan Browning
Represented By: Megan M. Egli
Represented By: Kayla A. Brewe
Represented By: Bryan T. Pratt
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Plaintiff: Stacy Blackburn
Represented By: Joshua Hicks
Represented By: Gregory Michael Funfsinn
Represented By: Kenneth Carlos Human
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