Graham et al v. Respironics, Inc. et al
Plaintiff: Gayla Graham and Robert Graham
Defendant: Respironics, Inc., Philips RS North America, LLC, Gould's Discount Medical, Inc. and Gould's Discount Medical, LLC
Case Number: 3:2021cv00485
Filed: July 27, 2021
Court: US District Court for the Western District of Kentucky
Presiding Judge: Benjamin Beaton
Referring Judge: Regina S Edwards
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2021 Filing 23 RESPONSE to Motion re #16 MOTION to Remand (Defendants' Opposition) filed by Gould's Discount Medical, Inc., Gould's Discount Medical, LLC, Philips RS North America, LLC, Respironics, Inc.. (Attachments: #1 Proposed Order Proposed Order Denying Motion to Remand) (Pellino, Andrew)
September 10, 2021 Filing 22 Text Order. In light of the parties' agreed proposed order (DN #20 ), the Court extends Defendants' deadline to file a response to Plaintiffs' motion to remand (DN #16 ). The response must now be filed on or before September 23, 2021. cc: Counsel (JM)
September 9, 2021 Filing 21 REPLY to Response to Motion re #8 Motion to Stay Proceedings filed by Gould's Discount Medical, Inc., Gould's Discount Medical, LLC, Philips RS North America, LLC, Respironics, Inc.. (Attachments: #1 Exhibit Exhibit A-State Notice of Removal, #2 Exhibit Exhibit B-List of Actions, #3 Exhibit Exhibit C-List of Orders Granted) (Kramer, David) Modified link on 9/9/2021 (JM).
September 7, 2021 Filing 20 Proposed Agreed Order (Corrected) by Gould's Discount Medical, Inc., Gould's Discount Medical, LLC, Philips RS North America, LLC, Respironics, Inc.. (Kramer, David)
September 7, 2021 Filing 19 Proposed Agreed Order by Gould's Discount Medical, Inc., Gould's Discount Medical, LLC, Philips RS North America, LLC, Respironics, Inc.. (Kramer, David)
August 30, 2021 Filing 18 RESPONSE to Motion re #8 MOTION to Stay Proceedings filed by Gayla Graham, Robert Graham. (Stanton, Jordan)
August 26, 2021 Filing 17 Proposed Order Plaintiffs' Motion to Remand Action to Jefferson Circuit Court by Robert Graham. (Stanton, Jordan)
August 26, 2021 Filing 16 MOTION to Remand by Plaintiffs Gayla Graham, Robert Graham (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Stanton, Jordan) (Additional attachment(s) added on 8/27/2021: #5 Proposed Order) (JM).
August 25, 2021 Opinion or Order Filing 15 AGREED ORDER signed by Magistrate Judge Regina S. Edwards granting #13 Proposed Agreed Order re: #8 MOTION to Stay. Plaintiff's response now due by 8/30/2021; Defendant's reply now due by 9/13/2021. cc: counsel (JM)
August 25, 2021 Opinion or Order Filing 14 ORDER Signed by Magistrate Judge Regina S. Edwards on 8/25/2021 granting #6 Motion for Attorney John P. Lavelle, Jr. to Appear Pro Hac Vice. cc: Counsel(JM)
August 23, 2021 Filing 13 Proposed Agreed Order by Gayla Graham, Robert Graham. (Stanton, Jordan)
August 8, 2021 Filing 12 TEXT ORDER: Under 28 U.S.C. 636(b)(1)(A), the Court REFERS this matter to U.S. Magistrate Judge Regina S. Edwards for hearing and determining all pretrial matters, including non-dispositive motions. Judge Edwards may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
August 6, 2021 NOTICE of email confirmation as to Andrew Pellino re #9 Request for Fee Refund (MLG)
August 3, 2021 Response to #10 Notice of Deficiency. (KJA)
August 3, 2021 Filing 11 Proposed Order re #8 MOTION to Stay Proceedings by Gould's Discount Medical, Inc., Gould's Discount Medical, LLC, Philips RS North America, LLC, Respironics, Inc.. (Pellino, Andrew)
August 3, 2021 Filing 10 NOTICE of Deficiency re #8 Motion to Stay.Reason for Deficiency: proposed order not tendered. Failure to comply will be brought to the attention of the Court. Response due by 8/10/2021. (KJA)
August 3, 2021 Filing 9 Request for Fee Refund (Attachments: #1 Receipt Internet Payment History) by Gould's Discount Medical, LLC, Philips RS North America, LLC, Respironics, Inc.. (Pellino, Andrew)
August 2, 2021 Filing 8 MOTION to Stay Proceedings by Defendants Gould's Discount Medical, Inc., Gould's Discount Medical, LLC, Philips RS North America, LLC, Respironics, Inc. (Attachments: #1 Memorandum in Support Memorandum in Support of Motion to Stay Proceedings) (Pellino, Andrew) (Additional attachment(s) added on 8/4/2021: #2 Proposed Order) (KJA).
July 28, 2021 Filing 7 CLERK'S NOTICE re #1 Notice of Removal. cc: Counsel of Record, Jefferson Circuit Court (MNM)
July 28, 2021 Filing 6 MOTION for John P. Lavelle, Jr. to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3391298. by Defendants Gould's Discount Medical, Inc., Gould's Discount Medical, LLC, Philips RS North America, LLC, Respironics, Inc. (Attachments: #1 Exhibit Certificate of Good Standing Lavelle) (Pellino, Andrew) (Additional attachment(s) added on 7/29/2021: #2 Proposed Order) (JM).
July 28, 2021 Filing 5 Corporate Disclosure Statement by Gould's Discount Medical, Inc., Gould's Discount Medical, LLC, Philips RS North America, LLC, Respironics, Inc.. (Pellino, Andrew)
July 27, 2021 Filing 4 Corporate Disclosure Statement identifying Corporate Parent Koninklijke Philips Naamloze Venootschap for Philips RS North America, LLC. (MNM)
July 27, 2021 Filing 3 NOTICE of Appearance by David V. Kramer and Andrew D. Pellino on behalf of Gould's Discount Medical, Inc., Gould's Discount Medical, LLC, Philips RS North America, LLC, and Respironics, Inc. (MNM)
July 27, 2021 Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Benjamin Beaton. (MNM)
July 27, 2021 Filing 1 NOTICE OF REMOVAL by Philips RS North America, LLC, Respironics, Inc., Gould's Discount Medical, LLC, and Gould's Discount Medical, Inc. from Jefferson Circuit Court, case number 21-CI-003652 (filing fee $402, receipt number 0644-3389517). (Attachments: #1 Exhibit A - State Complaint, #2 Exhibit B - State Docket Sheet, #3 Exhibit C - Return of Service Return Receipt, #4 Exhibit D - Email Accepting Service, #5 Exhibit E - Gould's LLC Registration & Articles, #6 Exhibit F - Return of Service Return Receipt, #7 Exhibit G - Respironics, Inc. Corporate Records & Registrations, #8 Exhibit H - Declaration of James Durchak, #9 Exhibit I - Delaware Secretary of State Filing, #10 Exhibit J - MDL Petition, #11 Exhibit K - Notice of Filing Notice of Removal, #12 Cover Sheet, #13 Cover Sheet Attachment) (MNM)

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Plaintiff: Gayla Graham
Represented By: Jordan A. Stanton
Represented By: Tyler S. Thompson
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Plaintiff: Robert Graham
Represented By: Jordan A. Stanton
Represented By: Tyler S. Thompson
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Defendant: Respironics, Inc.
Represented By: Andrew D. Pellino
Represented By: David V. Kramer
Represented By: John P. Lavelle, Jr.
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Defendant: Philips RS North America, LLC
Represented By: Andrew D. Pellino
Represented By: David V. Kramer
Represented By: John P. Lavelle, Jr.
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Defendant: Gould's Discount Medical, Inc.
Represented By: Andrew D. Pellino
Represented By: David V. Kramer
Represented By: John P. Lavelle, Jr.
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Defendant: Gould's Discount Medical, LLC
Represented By: Andrew D. Pellino
Represented By: David V. Kramer
Represented By: John P. Lavelle, Jr.
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