Morris v. Medtronic, Inc.
Plaintiff: Beth Morris
Defendant: Medtronic, Inc.
Case Number: 4:2022cv00643
Filed: June 17, 2022
Court: US District Court for the Eastern District of Missouri
Presiding Judge: Matthew T Schelp
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 9, 2022 Opinion or Order Filing 20 Docket Text ORDER: IT IS HEREBY ORDERED that, in light of the First Amended Complaint, Doc. #18 , Defendant's Motion to Dismiss, Doc. #7 , is DENIED as moot. IT IS FURTHER ORDERED that Defendant's unopposed Motion for Extension of Time, Doc. #19 , is GRANTED. Defendant may have through Friday, September 02, 2022, to file any required response to Plaintiff's First Amended Complaint. Signed by District Judge Matthew T. Schelp on 8/9/2022. (TMT)
August 9, 2022 Filing 19 Unopposed MOTION for Extension of Time to File Answer re #18 Amended Complaint,,, by Defendant Medtronic, Inc.. (Corrigan, Michelle)
August 5, 2022 Filing 18 AMENDED COMPLAINT Plaintiff's First Amended Complaint against defendant Medtronic, Inc. Amendment to #1 Complaint,, Plaintiff's First Amended Complaint, filed by Beth Morris. Related document: #1 Complaint,, filed by Beth Morris. (Attachments: #1 Exhibit 1 - FDA Recall Number Z-0946-2021, #2 Exhibit 2 - Medtronic to Stop Distribution and Sale of HVAD System FDA Press Release, #3 Exhibit 3 - Medtronic Urgent Medical Device Communication Notification Letter, #4 Exhibit 4 - Heartware Inc. 2014 Warning Letter, #5 Exhibit 5 - FDA Form-483, #6 Exhibit 6 - PMA Package, #7 Exhibit 7 - April Urgent Medical Device Notice - Pump Weld Defect, #8 Exhibit 8 - July Urgent Medical Device Notice - Pump Weld Defect, #9 Exhibit 9 - December 2021 Urgent Medical Device Notice Failure to Restart, #10 Exhibit 10 - Unapproved Software Patch, #11 Exhibit 11 - FDA Recall Notice)(McPhail, Patrick)
August 5, 2022 Filing 17 NOTICE by Plaintiff Beth Morris Plaintiff's Notice of Filing First Amended Complaint as a Matter of Course Pursuant to Fed. R. Civ. P. 15(a)(1)(B) (Attachments: #1 Exhibit 1 - Plaintiff's First Amended Complaint)(McPhail, Patrick)
July 28, 2022 Filing 16 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Medtronic, Inc., Medtronic PLC.. (Corrigan, Michelle)
July 27, 2022 Opinion or Order Filing 15 Docket Text ORDER Re: #14 MOTION for Leave to Appear Pro Hac Vice Alena M. Markley. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9417878) by Defendant Medtronic, Inc.; ORDERED GRANTED. Signed by District Judge Matthew T. Schelp on 07/27/2022. (KCD)
July 26, 2022 Filing 14 MOTION for Leave to Appear Pro Hac Vice Alena M. Markley. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9417878) by Defendant Medtronic, Inc.. (Markley, Alena) (Additional attachment(s) added on 7/26/2022: #1 Certificate of Good Standing Alena Markley) (TMT).
July 25, 2022 Filing 13 ENTRY of Appearance by Dan Smulian for Defendant Medtronic, Inc.. (Smulian, Dan)
July 21, 2022 Opinion or Order Filing 12 Docket Text ORDER: IT IS HEREBY ORDERED that the unopposed Motion for Extension of Time, Doc. #10 , is GRANTED. Plaintiff must file its Response to Defendant's Motion to Dismiss no later than Wednesday, August 24, 2022. Defendant may file a Reply no later than Wednesday, September 14, 2022. Signed by District Judge Matthew T. Schelp on 7/21/2022. (TMT)
July 20, 2022 Filing 11 Electronic Notice re: Disclosure of Organizational Interests Certificate to Defendant Medtronic, Inc.. Pursuant to Local Rule 2.09, every non-governmental organizational party must file a Disclosure of Organizational Interests Certificate within ten (10) days of the party's first pleading or entry of appearance. Please complete and file the certificate as soon as possible # (moed-0001.pdf). (Disclosure of Organizational Interests Certificate due by 7/30/2022.) (TMT)
July 19, 2022 Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss Case (Complaint) by Plaintiff Beth Morris. (McPhail, Patrick)
July 19, 2022 Filing 9 ENTRY of Appearance by Renee Elaine Henson for Defendant Medtronic, Inc.. (Henson, Renee)
July 18, 2022 Filing 8 MEMORANDUM in Support of Motion re #7 MOTION to Dismiss Case (Complaint) filed by Defendant Medtronic, Inc.. (Corrigan, Michelle)
July 18, 2022 Filing 7 MOTION to Dismiss Case (Complaint) by Defendant Medtronic, Inc.. (Corrigan, Michelle)
July 18, 2022 Filing 6 ENTRY of Appearance by Michelle L. Corrigan for Defendant Medtronic, Inc.. (Corrigan, Michelle)
June 29, 2022 Filing 5 SUMMONS Returned Executed filed by Beth Morris. Medtronic, Inc. served on 6/27/2022, answer due 7/18/2022. (McPhail, Patrick)
June 17, 2022 Filing 4 ENTRY of Appearance by Kevin M. Carnie for Plaintiff Beth Morris. (Carnie, Kevin)
June 17, 2022 Filing 3 NOTICE OF PROCESS SERVER by Plaintiff Beth Morris Process Server: Tim Moore, Pro-Serve (McPhail, Patrick)
June 17, 2022 Filing 2 ENTRY of Appearance by Patrick Ryan McPhail for Plaintiff Beth Morris. (McPhail, Patrick)
June 17, 2022 Filing 1 COMPLAINT against defendant Medtronic, Inc. with receipt number AMOEDC-9354034, in the amount of $402 Jury Demand,, filed by Beth Morris. (Attachments: #1 Exhibit 1 - FDA Recall Number Z-0946-2021, #2 Exhibit 2 - Medtronic to Stop Distribution and Sale of HVAD System FDA Press Release, #3 Exhibit 3 - Medtronic Urgent Medical Device Communication Notification Letter, #4 Exhibit 4 - Heartware Inc. 2014 Warning Letter, #5 Exhibit 5 - FDA Form-483, #6 Exhibit 6 - PMA Package, #7 Civil Cover Sheet, #8 Original Filing Form, #9 Summons)(McPhail, Patrick)
June 17, 2022 Case Opening Notification. Judge Assigned: Honorable Matthew T. Schelp. 1 Summons(es) issued and emailed to Patrick Ryan McPhail and Kevin Carnie. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). (JBH)

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Plaintiff: Beth Morris
Represented By: Kevin M. Carnie
Represented By: Patrick Ryan McPhail
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Defendant: Medtronic, Inc.
Represented By: Dan Smulian
Represented By: Michelle L. Corrigan
Represented By: Renee Elaine Henson
Represented By: Alena M Markley
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