Crocker et al v. Allergan USA, Inc. et al
| Stacey Hackman, Amy Roberts and Elizabeth Crocker |
| James S. Scott, M.D., St. Louis Bariatric Specialists LLC, Allergan USA, Inc., Des Peres Hospital, Inc., Apollo Endosurgery US, Inc. and Dr. Darin M. Minkin |
| 4:2018cv01288 |
| August 6, 2018 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| David D Noce |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on October 4, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 31 First MOTION for Extension of Time to File Response/Reply In Support of Motion to Remand by Plaintiffs Elizabeth Crocker, Stacey Hackman, Amy Roberts. (Attachments: #1 Exhibit Email From Defense Counsel)(Dysart, Christopher) |
| Notice from Clerk instructing Defendant Des Peres Hospital, Inc. to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. (JAB) |
| Filing 30 MEMORANDUM in Opposition re #16 MOTION to Remand Case to State Court to Saint Louis County, Missouri Circuit Court filed by Defendants Allergan USA, Inc., Apollo Endosurgery US, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(McGroder, Lori) |
Filing 29
ORDER SETTING RULE 16 CONFERENCE AND GRANTING MOTIONS FOR EXTENSION OF TIME : IT IS HEREBY ORDERED that a Scheduling Conference pursuant to Federal Rule of Civil Procedure 16 is set for October 17, 2018 at 10:00 a.m. in the courtroom of the undersigned. This case is assigned to Track: 2 ; IT IS FURTHER ORDERED that the court will hear oral argument on plaintiff's motion to remand (Doc. #16 ) at the October 17 Scheduling Conference. Counsel may participate in the conference by telephone by notifying chambers (314.244.7630) twenty-four (24) hours in advance of the scheduled conference. At the scheduling conference counsel will be expected to discuss in detail all matters covered by Rule 16, as well as all matters set forth in their proposed Joint Scheduling Plan (JSP), and a firm and realistic trial setting will be established at or shortly after the conference. (SEE ORDER); IT IS FURTHER ORDERED that plaintiffs' unopposed motion for extension of time to file a responsive pleading to defendants answer (Doc. #27 ) is granted. Plaintiffs must file their responsive pleading within seven days of the disposition of the motion to remand. IT IS FURTHER ORDERED that defendants' motion for extension of time to respond to plaintiff's motion to remand (Doc. #28 ) is granted. Defendants' response must be filed no later than September 28, 2018. Joint Scheduling Plan due by 10/12/2018. Rule 16 Conference set for 10/17/2018 10:00 AM in Courtroom 17N before Magistrate Judge David D. Noce. Signed by Magistrate Judge David D. Noce on 9/18/18. (KKS) Modified on 9/18/2018 (KKS).
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| Filing 28 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion to Remand by Defendants Allergan USA, Inc., Apollo Endosurgery US, Inc.. (McGroder, Lori) |
| Filing 27 First MOTION for Extension of Time to File Response/Reply Defendant Des Peres Hospital, Inc. Affirmative Defenses by Plaintiffs Elizabeth Crocker, Stacey Hackman, Amy Roberts. (Attachments: #1 Exhibit Emails)(Dysart, Christopher) |
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Filing 26
Docket Text ORDER: Re: #24 MOTION to Supplement by Plaintiffs Elizabeth Crocker, Stacey Hackman, Amy Roberts, #23 MOTION for Leave to File in Excess of Page Limitation by Plaintiffs Elizabeth Crocker, Stacey Hackman, Amy Roberts; ORDERED GRANTED. Signed by Magistrate Judge David D. Noce on 09/13/2018. (ABK)
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| Filing 25 MEMORANDUM in Support of Motion re #16 MOTION to Remand Case to State Court to Saint Louis County, Missouri Circuit Court filed by Plaintiffs Elizabeth Crocker, Stacey Hackman, Amy Roberts. (Attachments: #1 Exhibit)(Dysart, Christopher) |
| Filing 24 MOTION to Supplement Motion for Leave to Exceed Page Limit by Plaintiffs Elizabeth Crocker, Stacey Hackman, Amy Roberts. (Attachments: #1 Exhibit Email From Defense Counsel)(Dysart, Christopher) |
| Filing 23 MOTION for Leave to File in Excess of Page Limitation Memorandum in Support of Motion to Remand by Plaintiffs Elizabeth Crocker, Stacey Hackman, Amy Roberts. (Dysart, Christopher) |
| Filing 22 ANSWER to FIRST AMENDED Complaint by Des Peres Hospital, Inc..(CLO) |
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Filing 21
ORDER GRANTING LEAVE TO FILE IN PART: IT IS HEREBY ORDERED that the motion of defendant Des Peres Hospital, Inc., for leave to file documents (Doc. #20 ) that were drafted but not filed in the state court before the action was removed to this Court is sustained in part and denied without prejudice in part, in that: Defendant Des Peres Hospital, Inc., may file its answer in this action. However, because the circumstances of the case have changed by its removal to this Court, the subject motion is denied without prejudice regarding previously drafted motions to dismiss. Defendant may hereafter file such motion (s) as appropriate to the current circumstances of the case. Signed by Magistrate Judge David D. Noce on 9/11/2018. (CLO)
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| Filing 20 MOTION for leave to file documents (originally filed as a MEMORANDUM) by Defendant Des Peres Hospital, Inc.. (Attachments: #1 Exhibit 1 - Defendant Des Peres Hospital's Answer to Plaintiff's First Amended Complaint, #2 Exhibit 2 - Motion to Dismiss for Failure to State of a Claim, #3 Exhibit 3 - Motion to Dismiss Plaintiffs' Claims as Barred by the Statute of Limitations)(Vidal, Nancy) Modified event to a motion on 9/11/2018 (KKS). |
| Filing 19 ENTRY of Appearance by Nancy R. Vidal for Defendant Des Peres Hospital, Inc.. (Vidal, Nancy) |
| Filing 18 ENTRY of Appearance by Stephen G. Reuter for Defendant Des Peres Hospital, Inc.. (Reuter, Stephen) |
| Notice from Clerk instructing Defendant Apollo Endosurgery US, Inc. to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. (JAB) |
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Filing 17
ORDER : IT IS HEREBY ORDERED that plaintiff's motion for extension of time to file a motion to remand based on subject matter jurisdiction (Doc. #14 ) is denied as moot. Plaintiffs' memorandum in support of their motion for remand may be filed by September 12, 2018.IT IS FURTHER ORDERED that defendants motion for extension of time to file a responsive pleading (Doc. #15 ) is granted. The responsive pleading must be filed no later than 14 days after the disposition of plaintiffs motion to remand. ( Response to Court due by 9/20/2018.). Signed by Magistrate Judge David D. Noce on 9/6/18. (KKS)
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| Filing 16 MOTION to Remand Case to State Court to Saint Louis County, Missouri Circuit Court by Plaintiffs Elizabeth Crocker, Stacey Hackman, Amy Roberts. (Dysart, Christopher) |
| Filing 15 Joint MOTION for Extension of Time to File Response/Reply Motion to Remand and Defendants' Responsive Pleading to Plaintiffs' First Amended Petition by Plaintiffs Elizabeth Crocker, Stacey Hackman, Amy Roberts. (Dysart, Christopher) |
| Filing 14 First MOTION for Extension of Time to File Motion to Remand ;Extension to file the following: Motion to Remand ;Proposed extension date September 12, 2018 by Plaintiffs Elizabeth Crocker, Stacey Hackman, Amy Roberts. (Dysart, Christopher) |
| Filing 13 ENTRY of Appearance by Christopher W. Dysart for Plaintiffs Elizabeth Crocker, Stacey Hackman, Amy Roberts. (Dysart, Christopher) |
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Filing 12
Docket Text ORDER: GRANTING #11 MOTION for Leave to File in Excess of Page Limitation by Defendants Allergan USA, Inc., Apollo Endosurgery US, Inc... Signed by Magistrate Judge David D. Noce on 8/10/18. (KKS)
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| Filing 11 MOTION for Leave to File in Excess of Page Limitation by Defendants Allergan USA, Inc., Apollo Endosurgery US, Inc.. (McGroder, Lori) |
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Filing 10
Docket Text ORDER: Re: #9 First MOTION for Extension of Time to File Response/Reply to Plaintiff's First Amended Petition by Defendants Allergan USA, Inc., Apollo Endosurgery US, Inc. (Attachments: # 1 Exhibit A)(McGroder, Lori) ; ORDERED GRANTED.( Response due by 9/12/2018.) Signed by Magistrate Judge David D. Noce on 8/9/18. (JAB)
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| Filing 9 First MOTION for Extension of Time to File Response/Reply to Plaintiff's First Amended Petition by Defendants Allergan USA, Inc., Apollo Endosurgery US, Inc.. (Attachments: #1 Exhibit A)(McGroder, Lori) |
| Filing 8 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (CSAW) |
| Filing 7 Amended Petition (Removal/Transfer) Received From: Circuit Court, St. Louis County, Missouri, filed by Elizabeth Crocker, Amy Roberts, Stacey Hackman.(BAK) |
| Filing 6 Petition (Removal/Transfer) Received From: Circuit Court, St. Louis County, Missouri, filed by Elizabeth Crocker, Amy Roberts, Stacey Hackman.(BAK) |
| Case Opening Notification: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. and all non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: U.S. Magistrate Judge David D. Noce. (BAK) |
| Filing 5 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Allergan USA, Inc., Apollo Endosurgery US, Inc. Sent To: State Court - Executed (Attachments: #1 Exhibit State Court Filing)(McGroder, Lori) Modified on 8/7/2018 (BAK). |
| Filing 4 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Allergan USA, Inc., Apollo Endosurgery US, Inc. Sent To: Plaintiff (McGroder, Lori) |
| Filing 3 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Apollo Endosurgery US, Inc.. Parent companies: Apollo Endosurgery, Inc., Subsidiaries: None, Publicly held company: Apollo Endosurgery, Inc.,. (McGroder, Lori) |
| Filing 2 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Allergan USA, Inc.. Parent companies: Allergan PLC, Publicly held company: Allergan PLC,. (McGroder, Lori) |
| Filing 1 NOTICE OF REMOVAL from Missouri Circuit Court for the Twenty-First Judicial District, County of St. Louis, case number 18SL-CC02047, with receipt number 0865-6682499, in the amount of $400 Jury Demand,, filed by Apollo Endosurgery US, Inc., Allergan USA, Inc.. (Attachments: #1 Exhibit Original Petition, #2 Exhibit Motion to Dismiss, #3 Exhibit First Amended Petition, #4 Exhibit Declaration, #5 Exhibit Rolfe v. Biomet, #6 Exhibit State Court Docket, #7 Exhibit State Court Notice of Removal, #8 Exhibit Civil Cover Sheet, #9 Exhibit Original Filing Form)(McGroder, Lori) |
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