Tye et al v. St. Luke's East Anesthesia Services, PC et al
| Bettie Tye and Douglas Tye |
| Rockhill Orthopaedics, PC, Arizant Healthcare, Inc, Melinda Pendergraft, Kevin Acton, St. Luke's East Anesthesia Services, PC, Saint Luke's East Hospital, Wesley F. Frevert, MD, Jonah Garrett, MD, Jennifer Vansandt, Derek Thomas and 3M Company |
| 0:2019cv02089 |
| August 2, 2019 |
| US District Court for the District of Minnesota |
| Joan N Ericksen |
| David T Schultz |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 20, 2019. A more recent docket listing may be available from PACER.
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| Filing 59 MEMORANDUM in Opposition re #47 MOTION to Vacate Judgment re #46 Judgment, MOTION to Remand to State Court or in the Alternative to Direct Entry of Final Judgment Against 3M Company and Arizant Healthcare, Inc. or Enter an Order Permitting an Interlocutory Appeal filed by Jonah Garrett, MD, Melinda Pendergraft, St. Luke's East Anesthesia Services, PC, Derek Thomas, Jennifer Vansandt. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Madden, Brian) |
| Filing 58 NOTICE by Bettie Tye, Douglas Tye Expert Witness Affidavit (Campbell, Patricia) |
| Filing 57 NOTICE of Appearance by Patricia L Campbell on behalf of Bettie Tye, Douglas Tye. (Campbell, Patricia) |
| Filing 56 MEMORANDUM in Opposition re #47 MOTION to Vacate Judgment re #46 Judgment, MOTION to Remand to State Court or in the Alternative to Direct Entry of Final Judgment Against 3M Company and Arizant Healthcare, Inc. or Enter an Order Permitting an Interlocutory Appeal filed by Saint Luke's East Hospital. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(McGrevey, Sean) |
| Filing 55 RESPONSE in Opposition re #47 MOTION to Vacate Judgment re #46 Judgment, MOTION to Remand to State Court or in the Alternative to Direct Entry of Final Judgment Against 3M Company and Arizant Healthcare, Inc. or Enter an Order Permitting an Interlocutory Appeal filed by Wesley F. Frevert, MD, Rockhill Orthopaedics, PC.(Lucas, Christopher) |
| Filing 54 DECLARATION of Benjamin W. Hulse in Opposition to #47 MOTION to Vacate Judgment re #46 Judgment, MOTION to Remand to State Court or in the Alternative to Direct Entry of Final Judgment Against 3M Company and Arizant Healthcare, Inc. or Enter an Order Permitting an Interlocutory Appeal filed by 3M Company, Kevin Acton, Arizant Healthcare, Inc. (Attachments: #1 Exhibit(s) A-I)(Hulse, Benjamin) |
| Filing 53 MEMORANDUM in Opposition re #47 MOTION to Vacate Judgment re #46 Judgment, MOTION to Remand to State Court or in the Alternative to Direct Entry of Final Judgment Against 3M Company and Arizant Healthcare, Inc. or Enter an Order Permitting an Interlocutory Appeal filed by 3M Company, Kevin Acton, Arizant Healthcare, Inc. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hulse, Benjamin) |
Filing 52
(Text-only) BRIEFING ORDER: Defendants' response to Plaintiffs' motion [Docket No. #47 ] is due on September 20, 2019. Plaintiffs' reply is due on October 4, 2019. Ordered by Judge Joan N. Ericksen on 8/30/2019. (CBC)
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| Filing 51 PROPOSED ORDER TO JUDGE re #47 MOTION to Vacate Judgment re #46 Judgment, MOTION to Remand to State Court or in the Alternative to Direct Entry of Final Judgment Against 3M Company and Arizant Healthcare, Inc. or Enter an Order Permitting an Interlocutory Appeal. (Langdon, Robert) Modified text on 8/29/2019 (lmb). |
| Filing 50 NOTICE OF HEARING ON MOTION #47 MOTION to Vacate Judgment re #46 Judgment, MOTION to Remand to State Court or in the Alternative to Direct Entry of Final Judgment Against 3M Company and Arizant Healthcare, Inc. or Enter an Order Permitting an Interlocutory Appeal: Date and time to be determined. (Langdon, Robert) Modified text on 8/29/2019 (lmb). |
| Filing 49 MEET and CONFER STATEMENT re #47 MOTION to Vacate Judgment re #46 Judgment, MOTION to Remand to State Court or in the Alternative to Direct Entry of Final Judgment Against 3M Company and Arizant Healthcare, Inc. or Enter an Order Permitting an Interlocutory Appeal filed by Bettie Tye, Douglas Tye.(Langdon, Robert) Modified text on 8/29/2019 (lmb). |
| Filing 48 MEMORANDUM in Support re #47 MOTION to Vacate Judgment re #46 Judgment, MOTION to Remand to State Court or in the Alternative to Direct Entry of Final Judgment Against 3M Company and Arizant Healthcare, Inc. or Enter an Order Permitting an Interlocutory Appeal filed by Bettie Tye, Douglas Tye. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Langdon, Robert) Modified text on 8/29/2019 (lmb). |
| Filing 47 MOTION to Vacate Judgment re #46 Judgment, MOTION to Remand to State Court or in the Alternative to Direct Entry of Final Judgment Against 3M Company and Arizant Healthcare, Inc. or Enter an Order Permitting an Interlocutory Appeal filed by Bettie Tye, Douglas Tye. (Langdon, Robert). Added MOTION to Remand to State Court and modified text on 8/29/2019 (lmb). |
| Filing 46 JUDGMENT. (Attachments: #1 Civil Notice - appeal)(LPH) |
| Filing 45 NOTICE of Appearance by Benjamin W Hulse on behalf of 3M Company, Arizant Healthcare, Inc. (Hulse, Benjamin) |
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Filing 44
MDL PRETRIAL ORDER No. 1: Establishing Procedures. Signed by Judge Joan N. Ericksen on 1/13/2016. (kt)
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| Filing 43 (Text-Only) COUNSEL PLEASE NOTE: This docket contains pleadings and orders pertaining to this case only and some, but not all, orders from the master case file In re: Bair Hugger Forced Air Warming Devices Products Liability Litigation, 0:15-md-2666 (JNE/DTS). Counsel shall read and comply with all Pretrial Orders filed in this master case. Pleadings filed and orders issued in the master case may be accessed through the master docket sheet at 0:15-md-2666-JNE-DTS. Additionally, access to Pretrial Orders, minutes, transcripts, and other documents issued in the master case may be found on the Bair Hugger MDL website at: # www.mnd.uscourts.gov/MDL-Bair-Hugger/index.shtml . (kt) |
| Filing 42 Case transferred in from District of Missouri Western; Case Number 4:19-cv-00294. Original file certified copy of transfer order and docket sheet received. Case assigned to Judge Joan N. Ericksen and referred to Magistrate Judge David T. Schultz per MDL List. |
| Filing 41 Transfer Order. Signed on 8/2/2019 by Sarah S. Vance, Chair. (Crocker, Susan) [Transferred from Missouri Western on 8/2/2019.] |
| Case electronically transferred to District of District of Minnesota. This is a TEXT ONLY ENTRY. No document is attached. (Crocker, Susan) [Transferred from Missouri Western on 8/2/2019.] |
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Filing 40
ORDER granting #39 motion to withdraw as attorney. Attorney Samuel Bennett terminated from further representation of defendants. Signed on July 29, 2019, by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Law clerk) [Transferred from Missouri Western on 8/2/2019.]
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| Filing 39 MOTION to withdraw as attorney filed by Samuel Bennett on behalf of Jonah Garrett, MD, Melinda Pendergraft, St. Luke's East Anesthesia Services, PC, Derek Thomas, Jennifer Vansandt. Suggestions in opposition/response due by 8/9/2019 unless otherwise directed by the court. (Bennett, Samuel) [Transferred from Missouri Western on 8/2/2019.] |
| NOTICE OF HEARING CANCELLATION - The Settlement Conference scheduled for 7/9/2019 at 10:30 a.m. has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Stepp, Jane) [Transferred from Missouri Western on 8/2/2019.] |
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Filing 38
ORDER granting #37 motion for extension of time to file affidavit. The affidavit is due on or before September 22, 2019. Signed on July 3, 2019, by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Law clerk) [Transferred from Missouri Western on 8/2/2019.]
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| Filing 37 MOTION for extension of time Plaintiffs' Unopposed Motion for Extension of Time to File Affidavit Pursuant to Section 538.225, RSMo filed by Brett A. Emison on behalf of Bettie Tye, Douglas Tye. Suggestions in opposition/response due by 7/17/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Emison, Brett) [Transferred from Missouri Western on 8/2/2019.] |
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Filing 36
Order of Dismissal. In light of the parties' stipulation of dismissal with prejudice #35 , all claims against Defendant Rockhill Orthopaedic Specialists, Inc., are dismissed without prejudice. Signed on July 2, 2019, by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Law clerk) [Transferred from Missouri Western on 8/2/2019.]
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| Filing 35 STIPULATION of dismissal without Prejudice by Bettie Tye, Douglas Tye. (Emison, Brett) [Transferred from Missouri Western on 8/2/2019.] |
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Filing 34
ORDER granting #7 motion to stay; finding as moot #15 motion to expedite ruling on motion for remand. Signed on March 21, 2019, by District Judge Greg Kays. (Law clerk) [Transferred from Missouri Western on 8/2/2019.]
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Filing 33
ORDER granting #19 motion to withdraw as attorney. Attorney Scott Michael Adam terminated from further representation. Signed on May 21, 2019, by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Law clerk) [Transferred from Missouri Western on 8/2/2019.]
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| Filing 32 REPLY SUGGESTIONS to motion re #13 MOTION to remand filed by Robert L. Langdon on behalf of Plaintiffs Bettie Tye, Douglas Tye. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Related document(s) #13 ) (Langdon, Robert) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 31 REPLY SUGGESTIONS to motion re #15 MOTION to expedite Plaintiff's Motion for Expedited Hearing and Ruling on Motion for Remand with Memorandum in Support filed by Robert L. Langdon on behalf of Plaintiffs Bettie Tye, Douglas Tye. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #15 ) (Langdon, Robert) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 30 REPLY SUGGESTIONS to motion re #16 MOTION to dismiss party Kevin Acton filed by Stephen J. Torline on behalf of Defendant Kevin Acton. (Related document(s) #16 ) (Torline, Stephen) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 29 NOTICE of filing Plaintiffs' Supplement to Suggestions in Opposition to Defendant Acton's Motion to Dismiss by Bettie Tye, Douglas Tye re #26 Suggestions in Opposition to Motion, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Langdon, Robert) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 28 DISCLOSURE OF CORPORATE INTERESTS filed by Sean Thomas McGrevey on behalf of Defendant Rockhill Orthopaedic Specialists, Inc..(McGrevey, Sean) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 27 DISCLOSURE OF CORPORATE INTERESTS filed by Sean Thomas McGrevey on behalf of Defendant Saint Luke's East Hospital.(McGrevey, Sean) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 26 SUGGESTIONS in opposition re #16 MOTION to dismiss party Kevin Acton PLAINTIFFS' SUGGESTIONS IN OPPOSITION TO DEFENDANT ACTON'S MOTION TO DISMISS filed by Robert L. Langdon on behalf of Plaintiffs Bettie Tye, Douglas Tye. Reply suggestions due by 5/21/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Related document(s) #16 ) (Langdon, Robert) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 25 SUGGESTIONS in opposition re #13 MOTION to remand filed by Stephen J. Torline on behalf of Defendants 3M Company, Arizant Healthcare, Inc.. Reply suggestions due by 5/21/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Related document(s) #13 ) (Torline, Stephen) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 24 REPLY SUGGESTIONS to motion re #7 MOTION to stay, and SUGGESTIONS in opposition to motion re #15 MOTION to expedite Plaintiff's Motion for Expedited Hearing and Ruling on Motion for Remand with Memorandum in Support filed by Stephen J. Torline on behalf of Defendants 3M Company, Arizant Healthcare, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Related document(s) #7 , #15 ) (Torline, Stephen) Modified on 5/8/2019: Docket text changed to reflect document's title as both reply suggestions to #7 and suggestions in opposition to #15 . NEF regenerated. (Melvin, Greg) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 23 DISCLOSURE OF CORPORATE INTERESTS filed by Marc Kimble Erickson on behalf of Defendant St. Luke's East Anesthesia Services, PC.(Erickson, Marc) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 22 ANSWER to Complaint with Jury Demand on behalf of 3M Company, Arizant Healthcare, Inc..(Torline, Stephen) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 21 DISCLOSURE OF CORPORATE INTERESTS filed by Bruce Keplinger on behalf of Defendant Rockhill Orthopaedics, PC.(Attorney Bruce Keplinger added to party Rockhill Orthopaedics, PC(pty:dft))(Keplinger, Bruce) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 20 SUGGESTIONS in opposition re #7 MOTION to stay filed by Robert L. Langdon on behalf of Plaintiffs Bettie Tye, Douglas Tye. Reply suggestions due by 5/14/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #7 ) (Langdon, Robert) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 19 MOTION to withdraw as attorney filed by Scott Michael Adam on behalf of Saint Luke's East Hospital. Suggestions in opposition/response due by 5/8/2019 unless otherwise directed by the court. (Adam, Scott) [Transferred from Missouri Western on 8/2/2019.] |
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Filing 18
ORDER granting #12 motion for leave to file suggestions in support which exceed page limits. Signed on April 24, 2019, by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Law clerk) [Transferred from Missouri Western on 8/2/2019.]
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| Filing 17 SUGGESTIONS in support re #16 MOTION to dismiss party Kevin Acton filed by Stephen J. Torline on behalf of Defendant Kevin Acton. (Attachments: #1 Exhibit A, #2 Exhibit A)(Related document(s) #16 ) (Torline, Stephen) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 16 MOTION to dismiss party Kevin Acton filed by Stephen J. Torline on behalf of Kevin Acton. Suggestions in opposition/response due by 5/7/2019 unless otherwise directed by the court. (Torline, Stephen) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 15 MOTION to expedite Plaintiff's Motion for Expedited Hearing and Ruling on Motion for Remand with Memorandum in Support filed by Robert L. Langdon on behalf of Bettie Tye, Douglas Tye. Suggestions in opposition/response due by 5/7/2019 unless otherwise directed by the court. (Langdon, Robert) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 14 SUGGESTIONS in support re #13 MOTION to remand filed by Robert L. Langdon on behalf of Plaintiffs Bettie Tye, Douglas Tye. (Related document(s) #13 ) (Langdon, Robert) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 13 MOTION to remand filed by Robert L. Langdon on behalf of Bettie Tye, Douglas Tye. Suggestions in opposition/response due by 5/7/2019 unless otherwise directed by the court. (Langdon, Robert) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 12 MOTION for leave to file Plaintiff's Motion for Leave to File Suggestions in Support of Their Motion for Remand that Exceeds The Local Rule's 15-Page Limit and Suggestions in Support filed by Robert L. Langdon on behalf of Bettie Tye, Douglas Tye. Suggestions in opposition/response due by 5/7/2019 unless otherwise directed by the court. (Langdon, Robert) [Transferred from Missouri Western on 8/2/2019.] |
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Filing 11
ORDER setting Settlement Conference for 7/9/2019 at 10:30 AM in Courtroom 7E, Kansas City (JTM) before Magistrate Judge John T. Maughmer. Signed on 4/22/2019 by Magistrate Judge John T. Maughmer. (Stepp, Jane) [Transferred from Missouri Western on 8/2/2019.]
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| Filing 10 RETURN OF SERVICE of complaint executed by Bettie Tye, Douglas Tye. 3M Company served on 4/15/2019, answer due 5/6/2019. (Langdon, Robert) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 9 RETURN OF SERVICE of complaint executed by Bettie Tye, Douglas Tye. Arizant Healthcare, Inc. served on 4/15/2019, answer due 5/6/2019. (Langdon, Robert) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 8 SUGGESTIONS in support re #7 MOTION to stay filed by Stephen J. Torline on behalf of Defendants 3M Company, Kevin Acton, Arizant Healthcare, Inc.. (Attachments: #1 Exhibit A)(Related document(s) #7 ) (Torline, Stephen) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 7 MOTION to stay filed by Stephen J. Torline on behalf of 3M Company, Kevin Acton, Arizant Healthcare, Inc.. Suggestions in opposition/response due by 5/1/2019 unless otherwise directed by the court. (Torline, Stephen) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 6 NOTICE of filing Notice of Removal in Jackson County Missouri by 3M Company, Kevin Acton, Arizant Healthcare, Inc. (Attachments: #1 Exhibit A. State Court Notice)(Torline, Stephen) [Transferred from Missouri Western on 8/2/2019.] |
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Filing 5
RULE 16 NOTICE. Rule 26 conference due by 5/17/2019. Proposed scheduling order due by 5/31/2019. Signed on 4/16/19 by District Judge Greg Kays. (Strodtman, Tracy) [Transferred from Missouri Western on 8/2/2019.]
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| Filing 4 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to United States Magistrate Judge John T. Maughmer. (Attachments: #1 MAP General Order)(Woods, Gloria) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 3 DISCLOSURE OF CORPORATE INTERESTS of 3M Company filed by Stephen J. Torline on behalf of Defendants 3M Company, Kevin Acton, Arizant Healthcare, Inc..(Torline, Stephen) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 2 DISCLOSURE OF CORPORATE INTERESTS of Arizant Healthcare filed by Stephen J. Torline on behalf of Defendants 3M Company, Kevin Acton, Arizant Healthcare, Inc..(Torline, Stephen) [Transferred from Missouri Western on 8/2/2019.] |
| Filing 1 NOTICE OF REMOVAL from Jackson County County, case number 1916-CV00825, filed by Stephen J. Torline on behalf of 3M Company, Kevin Acton, Arizant Healthcare, Inc.. Filing fee $ 400, receipt number AMOWDC-6271889. (Attachments: #1 Civil Cover Sheet Attachment, #2 Exhibit A. Petition, #3 Exhibit B. Amended Petition, #4 Exhibit C. Service of Process, #5 Exhibit D. State Court File)(Torline, Stephen) [Transferred from Missouri Western on 8/2/2019.] |
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