Cutsinger v. Gyrus Acmi, Inc. et al
| Elicia Cutsinger |
| Gyrus Acmi, Inc., Gyrus Acmi, L.P., Olympus Corporation of the Americas and Olympus America Inc. |
| 4:2018cv00004 |
| January 2, 2018 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Marion |
| Charles A. Shaw |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
354
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Joint Motion for Leave to File Under Seal Exhibits 1-4 (Doc. 349 ) is GRANTED. Complete, unredacted versions of all four sealed exhibits must be docketed within thirty (30) days of this Memorandum and Order. The parties may submit proposed redactions to this Memorandum and Order, consistent with the reasoning above, within seven (7) days of this Memorandum and Order. Unredacted versions of this Memorandum and Order and the four documents here in authorized to be filed under seal shall remain under seal indefinitely. IT IS FURTHER ORDERED that Plaintiffs' Motion for Approval of Wrongful Death Settlement (Doc. 343 ) is GRANTED. IT IS FURTHER ORDERED that the cause of action and all cl aims for injuries, damages, and losses against Defendants be settled [redacted] inclusive of attorneys' fees and costs, the consideration agreed upon by the parties. IT IS FURTHER ORDERED that Plaintiffs shall collect payment and execute an ack nowledgment of satisfaction with the Court within ten (10) days of receipt of a check by their counsel from Defendants for the settlement amount. IT IS FURTHER ORDERED that the settlement proceeds be apportioned and distributed according to the Settl ement Statement dated February 26, 2021 (Doc. [344-3]). IT IS FURTHER ORDERED that after the amounts set forth herein have been distributed to all persons owed money pursuant to this Order, Plaintiffs shall file a notice with the Court advising that the payments have been distributed as ordered. IT IS FINALLY ORDERED that upon receipt of payment and distribution to all beneficiaries, attorneys, and others owed money pursuant to this Order, as evidenced by a notice filed with this Court, all claims in this action shall be DISMISSED WITH PREJUDICE, and the Court will enter a separate Order to that effect. Signed by District Judge Sarah E. Pitlyk on 05/18/2021. (ANP)
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Filing
213
MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that plaintiffs Amber Long and Jason Cutsinger shall file a Second Amended Complaint on or before July 25, 2019, which shall include appropriate allegations regarding the citizenship of plainti ffs Amber Long and Jason Cutsinger and defendant Gyrus Acmi, L.P. IT IS FURTHER ORDERED that in the event plaintiffs do not timely comply with this Order, this case will be dismissed without prejudice for lack of subject matter jurisdiction. Response to Court due by 7/25/2019.. Signed by District Judge Charles A. Shaw on 7/23/2019. (MRC) [(Main Document 213 replaced on 7/23/2019 -see Docket Text Order no. 214) (MRC).]
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Filing
210
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the stay in this case is LIFTED. IT IS FURTHER ORDERED that movants Amber Long and Jason Cutsinger's motion to substitute parties pursuant to Federal Rule of Civil Procedure 2 5(a) is GRANTED. [Doc. 205 ] IT IS FURTHER ORDERED that the Clerk of Court shall substitute Amber Long and Jason Cutsinger for Elicia Cutsinger as plaintiffs in this case. IT IS FURTHER ORDERED that on or before July 25, 2019, plaintiffs Amber Long and Jason Cutsinger shall file an Amended Complaint. ( Amended Complaint due by 7/25/2019.) Signed by District Judge Charles A. Shaw on 7/11/19. (JWD)
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Filing
204
ORDER STAYING CASE -....IT IS HEREBY ORDERED that Gyrus ACMI, Inc., Gyrus ACMI, L.P., Olympus Corporation of the Americas, and Olympus America Inc.'s motion to stay the proceedings in this case is GRANTED. [Doc. 195] IT IS FURTHER O RDERED that further action in the present case is STAYED pending further order of this Court, with the exception that any party or Elicia Cutsinger's successor or representative may file a motion for substitution of party pursuant to Rule 25(a) of the Federal Rules of Civil Procedure, and responses to any such motion may be filed pursuant to the Federal Rules of Civil Procedure and the Local Rules of this Court. IT IS FURTHERED ORDERED that the June 10, 2019 trial setting is VACATED.. Signed by District Judge Charles A. Shaw on 3/26/2019. (MRC)
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Filing
144
MEMORANDUM AND ORDER re 141 - This matter was before the Court on defendants Gyrus ACMI, Inc., Gyrus ACMI, L.P., Olympus America Inc., and Olympus Corporation of the Americas' Motion to Preserve Evidence and Motion for Leave to Conduct Rule 35 Inspection to Collect Decedent's Tissue Samples. Plaintiff opposes the motion and filed a Cross Motion for a Protective Order, as well as an Unopposed Emergency Motion for Expedited Ruling on Plaintiff's Motion for Protective Order and Defendants' Motion to Preserve Evidence. In an Order dated todays date, the Court granted plaintiff's motions for an expedited ruling and for a protective order, and denied defendants' motion to preserve evidence and to conduct a Rule 35 inspection. This Memorandum and Order sets forth the reasons for the Court's rulings.....{see Memorandum and Order for complete details}.... Signed by District Judge Charles A. Shaw on 3/1/2019. (MRC)
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Filing
85
MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that consistent with the terms of this Memorandum and Order, plaintiff Elicia Cutsinger's Motion for Leave to Amend Case Management Order and Relief from Treating Physician Expert Report Req uirement of Section 4(B)(i) with Respect to Brian Van Tine, M.D., is GRANTED to the extent that Brian Van Tine, M.D., need not submit a written expert report pursuant to Fed. R. Civ. P. 26(a)(2)(B). [Doc. 67]. Signed by District Judge Charles A. Shaw on 11/20/2018. (MRC)
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