Scholtens et al v. Gyrus Acmi, Inc. et al
| Estate of Ruth Scholtens and Robert Scholtens |
| Olympus America Inc., Olympus Corporation of the Americas and Gyrus Acmi, Inc. |
| 1:2019cv00471 |
| June 13, 2019 |
| US District Court for the Western District of Michigan |
| Robert J Jonker |
| Ray Kent |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 9, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| (NON-DOCUMENT) ATTORNEY APPEARANCE of Daniel V. Barnett on behalf of plaintiffs Estate of Ruth Scholtens, Robert Scholtens (Barnett, Daniel) |
| Filing 52 NOTICE to attorney Carmen M. Bickerdt regarding recent filing #51 (ems) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Matthew Gregory Berard on behalf of defendants Gyrus Acmi, Inc., Olympus America Inc., Olympus Corporation of the Americas (Berard, Matthew) |
| Filing 51 JOINT STATUS REPORT (Bickerdt, Carmen) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Carmen M. Bickerdt on behalf of defendants Gyrus Acmi, Inc., Olympus America Inc., Olympus Corporation of the Americas (Bickerdt, Carmen) |
| Filing 50 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Shawn P. Fox; attorney admission deadline set for 8/15/2019; (jlb) |
| Filing 49 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Clint Casperson; attorney admission deadline set for 8/15/2019; (jlb) |
| Filing 48 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney John J. Robinson; attorney admission deadline set for 8/12/2019; (jlb) |
| Filing 47 ATTORNEY ADMISSION LETTER - SECOND NOTICE sent to attorney Paula S. Bliss; attorney admission deadline set for 8/12/2019; (jlb) |
| Copy of Order Setting Rule 16 Scheduling Conference, #46 sent via U.S. Mail to attorneys Clint Caperson, Paula S. Bliss, Shawn P. Fox, Brian D. Schmalzbach, Candace Ali Blydenburgh, John J. Robinson (ems) |
Filing 46
ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 8/13/2019 at 03:00 PM at 699 Federal Building, Grand Rapids, MI before Chief Judge Robert J. Jonker; status report due by 8/6/2019; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, sdb)
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| Filing 45 ATTORNEY ADMISSION LETTER sent to attorney John J. Robinson; attorney admission deadline set for 7/12/2019; (ems) |
| Filing 44 ATTORNEY ADMISSION LETTER sent to attorney Candace Ali Blydenburgh; attorney admission deadline set for 7/12/2019; (ems) |
| Filing 43 ATTORNEY ADMISSION LETTER sent to attorney Brian D. Schmalzbach; attorney admission deadline set for 7/12/2019; (ems) |
| Filing 42 ATTORNEY ADMISSION LETTER sent to attorney Shawn P. Fox; attorney admission deadline set for 7/12/2019; (ems) |
| Filing 41 ATTORNEY ADMISSION LETTER sent to attorney Paula S. Bliss; attorney admission deadline set for 7/12/2019; (ems) |
| Filing 40 ATTORNEY ADMISSION LETTER sent to attorney Clint Casperson; attorney admission deadline set for 7/12/2019; (ems) |
| Filing 39 NOTICE of receipt of case (ems) |
| Copy of Receipt of Case Notice #39 sent via U.S. Mail to attorneys Clint Caperson, Paula S. Bliss, Shawn P. Fox, Brian D. Schmalzbach, Candace Ali Blydenburgh, John J. Robinson (ems) |
| Filing 38 CASE TRANSFERRED IN from Massachusetts, their case number 4:18-cv-12187; the documents listed above were electronically transferred to the Western District of Michigan (jlg) |
| Filing 37 Case transferred electronically to the Western District of Michigan. (Castles, Martin) Modified on 6/13/2019 (Jones, Sherry). [Transferred from Massachusetts on 6/13/2019.] |
| Filing 36 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered adopting Report and Recommendations re #34 Report and Recommendations and granting #20 Motion to Transfer Case. No objection having been filed, the Report and Recommendation is accepted and adopted. This case shall be transferred to the Western District of Michigan. (Castles, Martin) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 35 Case no longer referred to Magistrate Judge David H. Hennessy. (Belpedio, Lisa) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 34 Magistrate Judge David H. Hennessy: REPORT AND RECOMMENDATIONS re #20 MOTION to Transfer Case to Western District of Michigan. filed by Olympus America Inc., Olympus Corporation of the Americas, Gyrus Acmi, Inc. Recommendation: That it be GRANTED; Objections to R&R due by 5/24/2019(Belpedio, Lisa) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 33 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge David H. Hennessy Referred for: Report and Recommendations (rr). Motions referred: #20 MOTION to Transfer Case to Western District of Michigan. (Castles, Martin) Motions referred to David H. Hennessy. [Transferred from Massachusetts on 6/13/2019.] |
| Filing 32 REPORT of Rule 26(f) Planning Meeting. (Blydenburgh, Candace) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 31 ELECTRONIC NOTICE of Case Re-Assignment. District Judge Timothy S. Hillman assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge David H. Hennessy. (Finn, Mary) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 30 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Dinsmore, Joan) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 29 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (Belpedio, Lisa) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 28 Reply to Response to #20 MOTION to Transfer Case to Western District of Michigan. filed by Gyrus Acmi, Inc., Olympus America Inc., Olympus Corporation of the Americas. (Robinson, John) Modified docket text on 1/24/2019 (Burgos, Sandra). [Transferred from Massachusetts on 6/13/2019.] |
| Filing 27 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #26 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (DHH, law3) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 26 MOTION for Leave to File a Reply Brief in Suport of Their Motion to Transfer Venue by Gyrus Acmi, Inc., Olympus America Inc., Olympus Corporation of the Americas. (Attachments: #1 Exhibit A - Defendants' Reply in Support of Their Motion to Transfer Venue)(Robinson, John) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 25 First Opposition re #20 MOTION to Transfer Case to Western District of Michigan. with Certificate of Service filed by Estate of Ruth Scholtens, Robert Scholtens. (Attachments: #1 Affidavit Declaration by Shawn P. Fox. Esq., #2 Exhibit Ex A. Depo of Manisha Shah Bugaj 09/27/18, #3 Exhibit Ex B. Depo of Terrance Sullivan 09/28/18, #4 Exhibit Ex C. Depo of Manisha Shah Bugaj as Corp Rep dated 10/30/18, #5 Exhibit Ex D. NOD of Corp Representative Manisha Shah Bugaj as Corp Rep 10.22.18, #6 Exhibit Ex E. Operative Report by Dr. Downey. 07.05.12, #7 Exhibit Ex F. Texas Medical Board Info on Dr. Gordon Downey, #8 Exhibit Ex G. Michigan medical licensing info Dr. Gordon Downey, #9 Exhibit Ex H. Texas Drivers License information for Dr. Gordon Downey, #10 Exhibit Ex I. Email to all Counsel with records. 10.22.18)(Fox, Shawn) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 24 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #22 Motion for Leave to Appear Pro Hac Vice Added Clint Casperson. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry)[Transferred from Massachusetts on 6/13/2019.] |
| Filing 23 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #21 Motion for Leave to Appear Pro Hac Vice Added Shawn P. Fox. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry)[Transferred from Massachusetts on 6/13/2019.] |
| Filing 22 MOTION for Leave to Appear Pro Hac Vice for admission of Clint Casperson Filing fee: $ 100, receipt number 0101-7479669 by Estate of Ruth Scholtens, Robert Scholtens. (Attachments: #1 Affidavit Exhibit A)(Bliss, Paula) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 21 MOTION for Leave to Appear Pro Hac Vice for admission of Shawn P. Fox Filing fee: $ 100, receipt number 0101-7478089 by Estate of Ruth Scholtens, Robert Scholtens. (Attachments: #1 Affidavit Exhibit A)(Bliss, Paula) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 20 MOTION to Transfer Case to Western District of Michigan. by Gyrus Acmi, Inc., Olympus America Inc., Olympus Corporation of the Americas. (Attachments: #1 Memorandum of Reasons in Support of Their Motion, #2 Declaration of Joan S. Dinsmore, #3 Exhibit A to Declaration of Joan S. Dinsmore, #4 Exhibit B to Declaration of Joan S. Dinsmore, #5 Exhibit C to Declaration of Joan S. Dinsmore, #6 Exhibit D to Declaration of Joan S. Dinsmore, #7 Exhibit E to Declaration of Joan S. Dinsmore)(Robinson, John) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 19 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #16 Motion for Leave to Appear Pro Hac Vice Added Brian D. Schmalzbach. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry)[Transferred from Massachusetts on 6/13/2019.] |
| Filing 18 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #15 Motion for Leave to Appear Pro Hac Vice Added Joan S. Dinsmore. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry)[Transferred from Massachusetts on 6/13/2019.] |
| Filing 17 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting #14 Motion for Leave to Appear Pro Hac Vice Added Candace Ali Blydenburgh. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry)[Transferred from Massachusetts on 6/13/2019.] |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice for admission of Brian D. Schmalzbach Filing fee: $ 100, receipt number 0101-7472548 by Gyrus Acmi, Inc., Olympus America Inc., Olympus Corporation of the Americas. (Attachments: #1 Exhibit A (Affidavit))(Robinson, John) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice for admission of Joan S. Dinsmore Filing fee: $ 100, receipt number 0101-7472541 by Gyrus Acmi, Inc., Olympus America Inc., Olympus Corporation of the Americas. (Attachments: #1 Exhibit A (Affidavit))(Robinson, John) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice for admission of Candace Ali Blydenburgh Filing fee: $ 100, receipt number 0101-7472531 by Gyrus Acmi, Inc., Olympus America Inc., Olympus Corporation of the Americas. (Attachments: #1 Exhibit A (Affidavit))(Robinson, John) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by Olympus America Inc. identifying Corporate Parent Olympus Corporation of the Americas, Corporate Parent Gyrus Group Ltd. for Olympus America Inc... (Robinson, John) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by Olympus Corporation of the Americas identifying Corporate Parent Olympus Corporation, Corporate Parent Gyrus Group Ltd. for Olympus Corporation of the Americas.. (Robinson, John) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by Gyrus Acmi, Inc. identifying Corporate Parent Olympus Corporation of the Americas, Corporate Parent Gyrus Group Ltd. for Gyrus Acmi, Inc... (Robinson, John) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 10 ANSWER to #1 Complaint, and Affirmative Defenses by Olympus America Inc..(Robinson, John) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 9 ANSWER to #1 Complaint, and Affirmative Defenses by Olympus Corporation of the Americas.(Robinson, John) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 8 ANSWER to #1 Complaint, and Affirmative Defenses by Gyrus Acmi, Inc..(Robinson, John) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 7 NOTICE of Appearance by John J. Robinson on behalf of Gyrus Acmi, Inc., Olympus America Inc., Olympus Corporation of the Americas (Robinson, John) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 6 WAIVER OF SERVICE Returned Executed by Robert Scholtens, Estate of Ruth Scholtens. Gyrus Acmi, Inc. waiver sent on 10/29/2018, answer due 12/28/2018; Olympus America Inc. waiver sent on 10/29/2018, answer due 12/28/2018; Olympus Corporation of the Americas waiver sent on 10/29/2018, answer due 12/28/2018. (Bliss, Paula) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 5 Summons Issued as to Gyrus Acmi, Inc., Olympus America Inc., Olympus Corporation of the Americas. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Burgos, Sandra) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 4 NOTICE of Case Assignment. Chief Magistrate Judge David H. Hennessy assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded http://www.mad.uscourts.gov/resources/forms-DktEvent.htm. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Alba, Robert) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 3 Case transferred in from Eastern Division (Boston) on 10/23/2018 Case Number 1:18-cv-12187. (Alba, Robert) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 2 Case transferred to Central Division (Worcester) (McKillop, Matthew) [Transferred from Massachusetts on 6/13/2019.] |
| Filing 1 COMPLAINT against Olympus Corporation of the Americas, Gyrus Acmi, Inc., Olympus America Inc. Filing fee: $ 400, receipt number 0101-7375119 (Fee Status: Filing Fee paid), filed by Estate of Ruth Scholtens, Robert Scholtens. (Attachments: #1 Civil Action Cover Sheet, #2 Category Form)(Bliss, Paula) [Transferred from Massachusetts on 6/13/2019.] |
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