McCall v. Covidien LP et al
| Dani McCall |
| Covidien L.P., Roller Weight Loss and Advanced Surgery, P.A., Northwest Arkansas Hospitals, LLC doing business as Northwest Medical Center and Joshua Mourot |
| 1:2022cv10945 |
| June 16, 2022 |
| US District Court for the District of Massachusetts |
| Patti B Saris |
| Personal Inj. Prod. Liability |
| Both |
Docket Report
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| Filing 67 ELECTRONIC NOTICE OF RESETTING STATUS CONFERENCE BY VIDEO: The STATUS CONFERENCE IS RESET FROM 7/15/2022 to 8/17/2022 at 2:30 PM BY VIDEO before Judge Patti B. Saris. Counsel of record: To gain access to the hearing, please register at the following address: https://forms.mad.uscourts.gov/courtlist.html. (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.) This hearing will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:22-md-03029-PBS et al.(Geraldino-Karasek, Clarilde) |
| Filing 66 NOTICE of Appearance by Alton Seth Killman on behalf of Northwest Arkansas Hospitals, LLC (Killman, Alton) |
| Filing 65 NOTICE of Appearance by Dustin Joseph Vanderhoof on behalf of Dani McCall (Vanderhoof, Dustin) |
| Filing 64 NOTICE of Appearance by Donald Eugene Smolen, II on behalf of Dani McCall (Smolen, Donald) |
| Filing 63 Judge Patti B. Saris: ORDER entered. MDL Orders No. 3 Associated Cases: 1:22-md-03029-PBS et al.(Geraldino-Karasek, Clarilde) |
| Filing 62 Judge Patti B. Saris: ORDER entered. MDL Orders No. 2 Associated Cases: 1:22-md-03029-PBS et al.(Geraldino-Karasek, Clarilde) |
| Filing 61 Judge Patti B. Saris: ORDER entered. MDL Orders No. 1 Associated Cases: 1:22-md-03029-PBS et al.(Geraldino-Karasek, Clarilde) |
| Filing 60 Judge Patti B. Saris: ORDER entered. MDL Order No. 4 re STATUS CONFERENCE SET FOR 7/15/2022 02:00 PM BY VIDEO before Judge Patti B. Saris. Associated Cases: 1:22-md-03029-PBS et al.(Geraldino-Karasek, Clarilde) |
| Filing 59 ELECTRONIC NOTICE OF HEARING BY VIDEO: STATUS CONFERENCE SET FOR 7/15/2022 02:00 PM BY VIDEO before Judge Patti B. Saris. Counsel of record: To gain access to the hearing, please register at the following address: #https://forms.mad.uscourts.gov/courtlist.html. (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.)This hearing will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.govor contact media@mad.uscourts.gov.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:22-md-03029-PBS et al.(Geraldino-Karasek, Clarilde) |
| Filing 58 NOTICE TO ALL COUNSEL: Pursuant to Transfer Order, MDL No. 3029 has been transferred from Northern District of Oklahoma and assigned civil action number: 1:22-cv-10945. Northern District of Oklahoma case number: 4:21-cv-00005. In Re: Covidien Hernia Mesh Products Liability Litigation No. II, MDL 3029 (Danieli, Chris) |
| Filing 57 ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. (Danieli, Chris) |
| Filing 56 Case transferred in from District of Oklahoma Northern; Case Number 4:21-cv-00005. |
Filing 55
MINUTE ORDER by Chief Judge John F Heil, III : granting the defendants' motions to withdraw attorney ; terminating attorney Hayden Ryan King and Adam Leigh Wilson ; granting #54 Motion to Withdraw Attorney(s) (Re: #50 Unopposed MOTION to Withdraw Attorney(s) Hayden King ) (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk)
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| Filing 54 Unopposed MOTION to Withdraw Attorney(s) Adam L. Wilson by Joshua Mourot (Wilson, Adam) |
| ***Civil Case Terminated (see document number #53 ) (sc, Dpty Clk) |
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Filing 53
ORDER by Karen K. Caldwell Chair of the MDL Panel, transferring case (terminates case) (Documents Terminated: #35 MOTION to Dismiss Party Joshua Mourot, MD Pursuant to Fed. R. Civ. P. 12(b)(3), #50 Unopposed MOTION to Withdraw Attorney(s) Hayden King, #11 MOTION to Dismiss for Lack of Jurisdiction and Other Bases, #37 MOTION to Dismiss Plaintiff's Complaint and Memorandum in Support Thereof ) (lmt, Dpty Clk)
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| Filing 50 Unopposed MOTION to Withdraw Attorney(s) Hayden King by Roller Weight Loss and Advanced Surgery, P.A. (With attachments) (King, Hayden) |
| Filing 52 ***Remark: received Minute Order from MDL re: transferee clerk to transmit a certified copy of the Panel Order to transfer to the district court from which the action is being transferred (lmt, Dpty Clk) |
| Filing 51 ***Remark: received Transfer Order from MDL (lmt, Dpty Clk) |
| Filing 49 ATTORNEY APPEARANCE by Ethan MacDonald Sneed on behalf of Joshua Mourot [Note: Attorney Ethan MacDonald Sneed added to party Joshua Mourot(pty:dft).] (Sneed, Ethan) |
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Filing 48
MINUTE ORDER by Chief Judge John F Heil, III Defendant's Motion to Withdraw is granted ; terminating attorney Ashley Marie Schovanec ; granting #47 Motion to Withdraw Attorney(s) (This entry is the Official Order of the Court. No document is attached.) (JFH1, Chambers)
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| Filing 47 Unopposed MOTION to Withdraw Attorney(s) by Covidien LP (Schovanec, Ashley) |
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Filing 46
MINUTE ORDER by Chief Judge John F Heil, III Defendant Northwest Arkansas Hospitals, LLC d/b/a Northwest Medical Center's Motion to Withdraw is granted ; terminating attorney Johnathan Dwaine Horton ; granting #45 Motion to Withdraw Attorney(s) (This entry is the Official Order of the Court. No document is attached.) (JFH1, Chambers)
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| Filing 45 MOTION to Withdraw Attorney(s) by Northwest Arkansas Hospitals, LLC (Horton, Johnathan) |
| Filing 44 ATTORNEY APPEARANCE by Michael J Heron on behalf of Northwest Arkansas Hospitals, LLC [Note: Attorney Michael J Heron added to party Northwest Arkansas Hospitals, LLC(pty:dft).] (Heron, Michael) |
| Filing 43 REPLY to Response to Motion (Re: #37 MOTION to Dismiss Plaintiff's Complaint and Memorandum in Support Thereof ) by Covidien LP ; (Wolfe, Thomas) |
| Filing 42 REPLY to Response to Motion (Re: #35 MOTION to Dismiss Party Joshua Mourot, MD Pursuant to Fed. R. Civ. P. 12(b)(3) ) by Joshua Mourot ; (Wilson, Adam) |
| Filing 41 RESPONSE in Opposition to Motion (Re: #37 MOTION to Dismiss Plaintiff's Complaint and Memorandum in Support Thereof ) by Dani McCall ; [Note: Attorney Dustin Joseph Vanderhoof added to party Dani McCall(pty:pla).] (With attachments) (Vanderhoof, Dustin) |
| Filing 40 RESPONSE (Re: #35 MOTION to Dismiss Party Joshua Mourot, MD Pursuant to Fed. R. Civ. P. 12(b)(3) ) by Dani McCall (With attachments) (Warren, John) |
| Filing 39 REPLY to Response to Motion (Re: #11 MOTION to Dismiss for Lack of Jurisdiction and Other Bases ) by Northwest Arkansas Hospitals, LLC ; (With attachments) (Horton, Johnathan) |
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Filing 38
MINUTE ORDER by Judge John F Heil, III : Pursuant to Fed. R. Civ. P. 16(b)(2), the Court finds good cause for delay in entering a scheduling order in this case as there are pending dispositive motions which should first be resolved (Re: #11 MOTION to Dismiss for Lack of Jurisdiction and Other Bases, #37 MOTION to Dismiss Plaintiff's Complaint and Memorandum in Support Thereof, #35 MOTION to Dismiss Party Joshua Mourot, MD Pursuant to Fed. R. Civ. P. 12(b)(3) ) (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk)
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| Filing 37 MOTION to Dismiss Plaintiff's Complaint and Memorandum in Support Thereof by Covidien LP (With attachments) (Schovanec, Ashley) |
| Filing 36 SUMMONS Returned Executed re: Joshua Mourot (Re: #2 Complaint ) by Dani McCall (Smolen, Donald) |
| Filing 35 MOTION to Dismiss Party Joshua Mourot, MD Pursuant to Fed. R. Civ. P. 12(b)(3) by Joshua Mourot (With attachments) (Wilson, Adam) |
| Filing 34 ATTORNEY APPEARANCE by Adam Leigh Wilson on behalf of Joshua Mourot [Note: Attorney Adam Leigh Wilson added to party Joshua Mourot(pty:dft).] (Wilson, Adam) |
| Filing 33 ATTORNEY APPEARANCE by James W Connor, Jr on behalf of Joshua Mourot [Note: Attorney James W Connor, Jr added to party Joshua Mourot(pty:dft).] (Connor, James) |
| Filing 32 RESPONSE in Opposition to Motion (Re: #11 MOTION to Dismiss for Lack of Jurisdiction and Other Bases ) by Dani McCall ; [Note: Attorney John William Warren added to party Dani McCall(pty:pla).] (With attachments) (Warren, John) |
| Filing 31 CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent Covidien Holding Inc., Corporate Parent Medtronic PLC for Covidien LP) by Covidien LP (Schovanec, Ashley) |
| Filing 30 MINUTE ORDER by Court Clerk , directing Roller Weight Loss and Advanced Surgery, P.A. to file a Corporate Disclosure Statement pursuant to FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Corporate Disclosure Statement available on the Courts website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Corporate Disclosure Statement in this case, you are reminded to file a Supplemental Corporate Disclosure Statement within a reasonable time of any change in the information that the statement requires. (This entry is the Official Order of the Court. No document is attached.) (lmt, Dpty Clk) |
| Filing 29 CORPORATE DISCLOSURE STATEMENT by Roller Weight Loss and Advanced Surgery, P.A. (Ogletree, L) |
| Filing 28 ANSWER with Jury Demand (Re: #2 Complaint ) by Roller Weight Loss and Advanced Surgery, P.A. (Ogletree, L) |
| Filing 27 ATTORNEY APPEARANCE by L Earl Ogletree on behalf of Roller Weight Loss and Advanced Surgery, P.A. [Note: Attorney L Earl Ogletree added to party Roller Weight Loss and Advanced Surgery, P.A.(pty:dft).] (Ogletree, L) |
| Filing 26 ATTORNEY APPEARANCE by Hayden Ryan King on behalf of Roller Weight Loss and Advanced Surgery, P.A. [Note: Attorney Hayden Ryan King added to party Roller Weight Loss and Advanced Surgery, P.A.(pty:dft).] (King, Hayden) |
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Filing 25
ORDER by Court Clerk , directing Covidien LP and Northwest Arkansas Hospitals, LLC to file a Corporate Disclosure Statement pursuant to FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Corporate Disclosure Statement available on the Courts website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Corporate Disclosure Statement in this case, you are reminded to file a Supplemental Corporate Disclosure Statement within a reasonable time of any change in the information that the statement requires. (lmt, Dpty Clk)
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Filing 24
MINUTE ORDER by Judge John F Heil, III : Granting Northwest Arkansas's motion to waive local counsel requirement ; granting #13 Motion to Waive (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk)
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Filing 23
MINUTE ORDER by Judge John F Heil, III : Granting Coviden until 3/4/2021 to answer ; granting #18 Motion for Extension of Time to Answer (Re: #2 Complaint ) (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk)
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| Filing 22 ATTORNEY APPEARANCE by Amy Durrell White on behalf of Covidien LP [Note: Attorney Amy Durrell White added to party Covidien LP(pty:dft).] (White, Amy) |
| Filing 21 MINUTE ORDER by Court Clerk , directing the party name for Coviden, L.P. be corrected as indicated in the Notice of Party Name Correction. If any other party to this case objects to this Party Name Correction, they shall file a Motion to Reconsider Party Name Correction within seven (7) days of this order. (Re: #19 Notice of Party Name Correction ) (This entry is the Official Order of the Court. No document is attached.) (ll, Dpty Clk) |
| Filing 20 ATTORNEY APPEARANCE by Thomas Gilmer Wolfe on behalf of Coviden, L.P. [Note: Attorney Thomas Gilmer Wolfe added to party Coviden, L.P.(pty:dft).] (Wolfe, Thomas) |
| Filing 19 NOTICE of Party Name Correction by Coviden, L.P. (Schovanec, Ashley) |
| Filing 18 Unopposed MOTION for Extension of Time to Answer or Otherwise Plead (Re: #2 Complaint ) by Coviden, L.P. (Schovanec, Ashley) |
| Filing 17 ATTORNEY APPEARANCE by Ashley Marie Schovanec on behalf of Coviden, L.P. [Note: Attorney Ashley Marie Schovanec added to party Coviden, L.P.(pty:dft).] (Schovanec, Ashley) |
| Filing 16 MINUTE ORDER by Court Clerk , directing Northwest Arkansas Hospitals, LLC to file a Corporate Disclosure Statement pursuant to FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Corporate Disclosure Statement available on the Courts website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Corporate Disclosure Statement in this case, you are reminded to file a Supplemental Corporate Disclosure Statement within a reasonable time of any change in the information that the statement requires. (This entry is the Official Order of the Court. No document is attached.) (ll, Dpty Clk) |
| Filing 15 MINUTE ORDER by Court Clerk , directing the party name for Northwest Medical Center be corrected as indicated in the Notice of Party Name Correction. If any other party to this case objects to this Party Name Correction, they shall file a Motion to Reconsider Party Name Correction within seven (7) days of this order. (Re: #14 Notice of Party Name Correction ) (This entry is the Official Order of the Court. No document is attached.) (ll, Dpty Clk) |
| Filing 14 NOTICE of Party Name Correction by Northwest Medical Center (Horton, Johnathan) |
| Filing 13 MOTION to Waive Local Rule 83.3 by Northwest Medical Center (Horton, Johnathan) |
| Filing 12 BRIEF in Support of Motion (Re: #11 MOTION to Dismiss for Lack of Jurisdiction and Other Bases ) by Northwest Medical Center ; (Horton, Johnathan) |
| Filing 11 MOTION to Dismiss for Lack of Jurisdiction and Other Bases by Northwest Medical Center (With attachments) (Horton, Johnathan) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent Community Health Systems, Inc., Corporate Parent Tenyson Holdings, LLC for Northwest Medical Center) by Northwest Medical Center (Horton, Johnathan) |
| Filing 9 ATTORNEY APPEARANCE by Johnathan Dwaine Horton on behalf of Northwest Medical Center [Note: Attorney Johnathan Dwaine Horton added to party Northwest Medical Center(pty:dft).] (Horton, Johnathan) |
| Filing 8 SUMMONS Returned Executed re: Roller Weight Loss and Advanced Surgery, P.A. (Re: #2 Complaint ) by Dani McCall (Smolen, Donald) |
| Filing 7 SUMMONS Returned Executed re: Northwest Medical Center (Re: #2 Complaint ) by Dani McCall (Smolen, Donald) |
| Filing 6 SUMMONS Returned Executed re: Coviden, L.P. (Re: #2 Complaint ) by Dani McCall (Smolen, Donald) |
| Filing 5 SUMMONS Issued by Court Clerk as to All Defendants (srt, Dpty Clk) Modified on 1/8/2021 - ENTERED IN ERROR - duplicate entry of #4 (srt, Dpty Clk). |
| Filing 4 SUMMONS Issued by Court Clerk as to All Defendants (ll, Dpty Clk) |
| Filing 3 MINUTE ORDER by Court Clerk, reassigning case to Judge John F Heil, III, Judge Claire V Eagan no longer assigned to case, changing case number to 21-cv-5-JFH-CDL (This entry is the Official Order of the Court. No document is attached.) (crp, Dpty Clk) |
| Filing 2 COMPLAINT with Jury Demand against Coviden, L.P., Joshua Mourot, Northwest Medical Center, Roller Weight Loss and Advanced Surgery, P.A. (paid $402 filing fee; receipt number AOKNDC-2332436) by Dani McCall (Smolen, Donald) |
| Filing 1 CIVIL COVER SHEET by Dani McCall (Smolen, Donald) |
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