Balow v. Medtronic USA, Inc.
Plaintiff: Jeffrey Balow
Defendant: Medtronic USA, Inc.
Case Number: 0:2023cv00843
Filed: April 4, 2023
Court: US District Court for the District of Minnesota
Presiding Judge: Jerry W Blackwell
Referring Judge: Katherine M Menendez
2 Judge: David T Schultz
3 Judge: Elizabeth Cowan Wright
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 31, 2023 Filing 33 PROPOSED ORDER TO JUDGE re #32 Stipulation. (Fitzke, Susan)
May 31, 2023 Filing 32 STIPULATION for Protective Order by Medtronic USA, Inc.. Jointly Signed by Jeffrey Balow. (Fitzke, Susan)
May 17, 2023 Filing 31 PROPOSED ORDER TO JUDGE re #26 Motion for Judgment on the Pleadings. (Fitzke, Susan)
May 17, 2023 Filing 30 MEET and CONFER STATEMENT re #26 Motion for Judgment on the Pleadings filed by Medtronic USA, Inc..(Fitzke, Susan)
May 17, 2023 Filing 29 Declaration of Michele Hagel in Support of #26 MOTION for Judgment on the Pleadings Defendant's Partial Motion for Judgment on the Pleadings filed by Medtronic USA, Inc..(Fitzke, Susan)
May 17, 2023 Filing 28 MEMORANDUM in Support re #26 MOTION for Judgment on the Pleadings Defendant's Partial Motion for Judgment on the Pleadings filed by Medtronic USA, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Fitzke, Susan)
May 17, 2023 Filing 27 NOTICE OF HEARING ON MOTION #26 MOTION for Judgment on the Pleadings Defendant's Partial Motion for Judgment on the Pleadings : Motion Hearing set for 7/6/2023 at 09:30 AM in Courtroom 3C (STP) before Judge Katherine M. Menendez. (Fitzke, Susan)
May 17, 2023 Filing 26 MOTION for Judgment on the Pleadings Defendant's Partial Motion for Judgment on the Pleadings filed by Medtronic USA, Inc.. (Fitzke, Susan)
May 12, 2023 Filing 25 NOTICE of Appearance by Margaret Fitzpatrick on behalf of Medtronic USA, Inc.. (Fitzpatrick, Margaret)
May 9, 2023 Filing 24 (Text-Only) AMENDED NOTICE OF HEARING ON MOTION: The hearing regarding #15 First MOTION to Remand to State Court has been RESCHEDULED. The Motion Hearing will commence on 7/6/2023 at 09:30 AM in Courtroom 3A (STP) before Judge Katherine M. Menendez. **THIS IS A TIME CHANGE ONLY** (KAT)
May 9, 2023 Opinion or Order Filing 23 SCHEDULING ORDER: Amended Pleadings due by 7/1/2023. Fact Discovery due by 2/1/2024. Expert Discovery due by 11/17/2023. Motions (non-disp) due 2/8/2023. Motions (disp) due by 4/1/2024. Ready for trial due by 6/3/2024. Signed by Magistrate Judge Elizabeth Cowan Wright on 5/9/2023.(TMA)
May 8, 2023 Filing 22 Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Initial Pretrial Conference held on 5/8/2023. The parties stipulated during the Rule 16 conference that discovery and disclosures made in this federal case can be used in state court if this case is remanded to state court, and further stipulated that the anticipated stipulated protective order entered in this federal case will remain effective unless and until a protective order is entered in state court if this case is remanded. (TMA)
May 4, 2023 Filing 21 MEMORANDUM in Opposition re #15 First MOTION to Remand to State Court of Minnesota (Hennepin County) filed by Medtronic USA, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Mrkonich, Marko)
April 28, 2023 Filing 20 AMENDED NOTICE of Hearing on Motion: #15 First MOTION to Remand to State Court of Minnesota (Hennepin County) : Motion Hearing set for 7/6/2023 at 10:00 AM in Courtroom 3A (STP) before Judge Katherine M. Menendez. (Harrington, John)
April 28, 2023 Filing 19 REPORT of Rule 26(f) Planning Meeting. Filed by Medtronic USA, Inc.. Jointly Signed by Jeffrey Balow.(Fitzke, Susan)
April 28, 2023 Filing 18 NOTICE OF HEARING ON MOTION #15 First MOTION to Remand to State Court of Minnesota (Hennepin County) : Motion Hearing set for 7/6/2023 at 10:00 AM in Courtroom 3A (STP) before Magistrate Judge Elizabeth Cowan Wright. (Harrington, John)
April 27, 2023 Filing 17 PROPOSED ORDER TO JUDGE re Plaintiff's Motion to Remand to State Court #15 Motion to Remand to State Court, #16 Memorandum in Support of Motion. (Harrington, John)
April 27, 2023 Filing 16 MEMORANDUM in Support re #15 First MOTION to Remand to State Court of Minnesota (Hennepin County) filed by Jeffrey Balow.(Harrington, John)
April 27, 2023 Filing 15 First MOTION to Remand to State Court of Minnesota (Hennepin County) filed by Jeffrey Balow. (Attachments: #1 Memorandum of Points and Authorities Supporting Motion to Remand)(Harrington, John)
April 27, 2023 Opinion or Order Filing 14 (Text-Only) ORDER granting #12 Motion for Admission Pro Hac Vice of Attorney John Thomas Harrington for Jeffrey Balow.; granting #13 Motion for Admission Pro Hac Vice of Attorney Robert Scott Oswald for Jeffrey Balow. Approved by Magistrate Judge Elizabeth Cowan Wright on 4/27/2023. (jam)
April 21, 2023 Filing 13 MOTION for Admission Pro Hac Vice for Attorney R. Scott Oswald. Filing fee $ 100, receipt number AMNDC-10221024 filed by Jeffrey Balow. (Horowitz, Charles)
April 21, 2023 Filing 12 MOTION for Admission Pro Hac Vice for Attorney John Thomas Harrington. Filing fee $ 100, receipt number AMNDC-10221016 filed by Jeffrey Balow. (Horowitz, Charles)
April 20, 2023 Filing 11 AMENDED ANSWER to Complaint and Affirmative and Other Defenses filed by Medtronic USA, Inc.. (Fitzke, Susan)
April 20, 2023 Filing 10 NOTICE of Appearance by Susan K Fitzke on behalf of Medtronic USA, Inc.. (Fitzke, Susan)
April 12, 2023 Opinion or Order Filing 9 ORDER/NOTICE: Rule 26 Meeting Report due by 5/1/2023. Pretrial Conference set for 5/8/2023 at 03:00 PM before Magistrate Judge Elizabeth Cowan Wright. Signed by Magistrate Judge Elizabeth Cowan Wright on 4/12/2023. (Attachments: #1 Consent Form)(TMA)
April 6, 2023 Filing 8 ANSWER to Complaint Answer and Affirmative and Other Defenses filed by Medtronic USA, Inc.. (Mrkonich, Marko)
April 5, 2023 Opinion or Order Filing 7 ORDER OF RECUSAL. Magistrate Judge David T. Schultz recused. Case reassigned to Magistrate Judge Elizabeth Cowan Wright for all further proceedings. NOTE: the new case number is 23-cv-843 (KMM/ECW). Please use this case number for all subsequent pleadings. Signed by Magistrate Judge David T. Schultz on 4/5/2023.(ABR)
April 5, 2023 Opinion or Order Filing 6 ORDER OF RECUSAL. Judge Jerry W. Blackwell recused. Case reassigned to Judge Katherine M. Menendez for all further proceedings. NOTE: the new case number is 23-cv-843 (KMM/DTS). Please use this case number for all subsequent pleadings. Signed by Judge Jerry W. Blackwell on 4/5/2023.(ABR)
April 4, 2023 Filing 5 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing R. Scott Oswald, John T. Harrington as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (ABR)
April 4, 2023 Filing 4 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Jerry W. Blackwell per Civil (3rd, 4th - Civil Rights) list, referred to Magistrate Judge David T. Schultz. Please use case number 23-cv-843 (JWB/DTS).Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (ABR)
April 4, 2023 Filing 3 DECLARATION of Marko J. Mrkonich re #1 Notice of Removal, by Medtronic USA, Inc. . (Attachments: #1 Exhibit(s) 1)(Mrkonich, Marko)
April 4, 2023 Filing 2 RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation owning 10 percent or more of its stock, or subsidiary reported for Medtronic USA, Inc.. (Attachments: #1 Certificate of Service)(Mrkonich, Marko)
April 4, 2023 Filing 1 NOTICE OF REMOVAL from Hennepin County, case number 27-cv-23-4162 (filing fee $ 402, receipt number AMNDC-10176325) filed by Medtronic USA, Inc.. No summons requested. (Attachments: #1 Exhibit(s) 1, #2 Notice of Filing of Notice of Removal, #3 Civil Cover Sheet, #4 Certificate of Service) (Mrkonich, Marko)

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Plaintiff: Jeffrey Balow
Represented By: Charles A Horowitz
Represented By: John Thomas Harrington
Represented By: Robert Scott Oswald
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Defendant: Medtronic USA, Inc.
Represented By: Brendan Johnson
Represented By: Marko J Mrkonich
Represented By: Margaret Fitzpatrick
Represented By: Susan K Fitzke
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