Barry v. 3M Company et al
| Rickey Barry |
| CMC Missoula, Inc., 3M Company, Community Medical Center and RCHP Billings-Missoula, LLC |
| 6:2023cv00045 |
| June 26, 2023 |
| US District Court for the District of Montana |
| Sam E Haddon |
| John Johnston |
| Brian Morris |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 36 REPLY to Response to Motion re #16 MOTION for Summary Judgment filed by RCHP Billings-Missoula, LLC. (Morris, Sean) |
| Filing 35 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge form. |
| Filing 34 MDL NOTICE: Matters to be decided without oral argument. (HEG) |
| Filing 33 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge form. |
| Filing 32 Service of Consent to Magistrate Judge as Presiding Judge form. Consent/Objection to USMJ Form due by 9/1/2023. (ACC) |
Filing 31
ORDER REASSIGNING CASE. Case reassigned to Judge Brian Morris and Magistrate Judge John Johnston for all further proceedings. Judge Sam E Haddon no longer assigned to case. Motions referred to John Johnston. Signed by Judge Brian Morris on 8/18/2023. (ACC)
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Filing 30
ORDER OF RECUSAL. BMM Chambers notified via ad hoc. Signed by Judge Sam E Haddon on 8/16/2023. (HEG)
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| Terminate Deadlines. Reply to #10 and Response to #16 termed. (HEG) |
| Filing 29 Statement of Disputed Facts re: #16 MOTION for Summary Judgment filed by Rickey Barry. (Cok, Michael) |
| Filing 28 AFFIDAVIT in Opposition re #16 MOTION for Summary Judgment filed by Rickey Barry. (Attachments: #1 Exhibit) (Cok, Michael) |
| Filing 27 RESPONSE to Motion re #16 MOTION for Summary Judgment filed by Rickey Barry. (Cok, Michael) |
| Filing 26 REPLY to Response to Motion re #10 MOTION to Remand filed by Rickey Barry. (Cok, Michael) |
| Filing 25 NOTICE by 3M Company re #7 MOTION to Stay (Attachments: #1 Exhibit Exhibit 1) (Huey, Nathan) |
| Filing 24 NOTICE by 3M Company re #7 MOTION to Stay (Attachments: #1 Exhibit Exhibit 1) (Huey, Nathan) |
| Filing 23 REPLY to Response to Motion re #7 MOTION to Stay filed by 3M Company. (Huey, Nathan) |
| Filing 22 RESPONSE to Motion re #10 MOTION to Remand filed by RCHP Billings-Missoula, LLC. (Morris, Sean) |
| Filing 21 RESPONSE to Motion re #10 MOTION to Remand filed by 3M Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D) (Huey, Nathan) |
| Filing 20 Notice of Correction: re #18 MOTION for Summary Judgment Statement of Material Facts. The filing error relates to: General Form or Formatting of Document.Incorrect Docket Event used. See the attached document for a brief description of the error made. (HEG) |
| Filing 19 Notice of Correction: re #17 MOTION for Summary Judgment Brief in Support. The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (HEG) |
| Filing 18 STATEMENT OF MATERIAL FACTS. Sean M. Morris appearing for Defendant RCHP Billings-Missoula, LLC. (Morris, Sean) Modified on 7/25/2023 to update docket text and term motion as it was filed incorrectly (HEG). (HEG). |
| Filing 17 Brief Memorandum in Support re: Summary Judgment Sean M. Morris appearing for Defendant RCHP Billings-Missoula, LLC. (Morris, Sean) Modified on 7/25/2023 to correct event text and term motion as incorrectly filed.(HEG). |
| Filing 16 MOTION for Summary Judgment . Sean M. Morris appearing for Defendant RCHP Billings-Missoula, LLC. (Morris, Sean) |
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Filing 15
ORDERED: Defendant CMC's Motion for Summary Judgment is DENIED. SEE ORDER FOR FULL DETAILS. Signed by Judge Sam E Haddon on 7/20/2023. (HEG)
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| Filing 14 RESPONSE to Motion re #7 MOTION to Stay filed by Rickey Barry. (Attachments: #1 Exhibit) (Cok, Michael) |
| Terminate Response Deadline #2 . (HEG) |
| Filing 13 Statement of Disputed Facts re: #2 MOTION for Summary Judgment filed by Rickey Barry. (Cok, Michael) |
| Filing 12 RESPONSE to Motion re #2 MOTION for Summary Judgment Brief in Opposition filed by Rickey Barry. (Cok, Michael) |
| Filing 11 Brief/Memorandum in Support re #10 MOTION to Remand filed by Rickey Barry. (Attachments: #1 Exhibit Barry Complaint, #2 Exhibit Patient Q&A - Bair Hugger Facts) (Cok, Michael) |
| Filing 10 MOTION to Remand . Michael D. Cok appearing for Plaintiff Rickey Barry. (Cok, Michael) |
| Filing 9 NOTICE - Receipt of Panel conditional transfer order. Awaiting certified copy of order from Transferee Court. (HEG) |
| Filing 8 NOTICE by Rickey Barry Plaintiff's Notice of Filing Opposition to Conditional Transfer Order (CTO-035) with the Judicial Panel on Multidistrict Litigation (Cok, Jonathan) |
| Filing 7 MOTION to Stay . Nathan Huey appearing for Defendant 3M Company. (Attachments: #1 Supplement Brief in Support of Motion to Stay, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G) (Huey, Nathan) |
| Filing 6 ANSWER to Complaint by 3M Company. (Huey, Nathan) |
| Filing 5 Notice of Correction: re #2 MOTION for Summary Judgment . The filing error relates to: Caption and Signature.Improper Signature. See the attached document for a brief description of the error made. (HEG) |
| Remark: re: #3 Brief in Support - Attachments are to be attached separately and labeled for ease to identify the exhibit. This notice is for future reference only and does not need to be refiled. (HEG) |
| Filing 4 Corporate Disclosure Statement by 3M Company. (Huey, Nathan) |
| Filing 3 Brief/Memorandum in Support re #2 MOTION for Summary Judgment filed by RCHP Billings-Missoula, LLC. (Morris, Sean) |
| Filing 2 MOTION for Summary Judgment . Sean M. Morris appearing for Defendant RCHP Billings-Missoula, LLC. (Morris, Sean) |
| Filing 1 NOTICE OF REMOVAL by 3M Company from Montana First Judicial District District Court, L&C County, case number ADV-2023-224., filed by 3M Company. (Attachments: #1 Ex A State Court Complaint, #2 Ex B State Court Documents, #3 Ex C Trial Transcript, #4 Ex D Order Granting Motion to Dismiss, #5 Ex E First Amended Petition for Damages, #6 Ex F Plaintiff's Dismissal with Prejudice, #7 Ex G Plaintiff's Original Petition, #8 Ex H Declaration of Monique Walters, #9 Civil Cover Sheet) (HEG) |
| Filing fee received: $ 402, receipt number 900017936 (HEG) |
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