Jose Avila et al v. Atrium Medical Corporation et al
| Jose Avila, Rachel Bates, Hazel Benhamed-Masri, Brian Benhardt, Nury Bernal, John Coco, Herman Curley, Claude Daniels, Raymond Ferrell, John Langley, BETTY LEWIS, Raymond Maki, James Nakashian, ALAN ROSEMAN, ALFREDO VEGA and RANDY WALKER |
| ATRIUM MEDICAL CORPORATION and DOES 1-20 |
| 1:2022cv03550 |
| June 7, 2022 |
| US District Court for the District of New Jersey |
| Christine P O'Hearn |
| Matthew J Skahill |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal- Product Liability |
| None |
Docket Report
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This docket was last retrieved on June 23, 2022. A more recent docket listing may be available from PACER.
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| Filing 42 NOTICE of Appearance by DANIEL L. KELLER on behalf of Jose Avila, Hazel Benhamed-Masri, ALFREDO VEGA (KELLER, DANIEL) |
| Filing 41 NOTICE of Appearance by MICHELLE HART YEARY on behalf of ATRIUM MEDICAL CORPORATION (YEARY, MICHELLE) |
| Filing 40 NOTICE of Appearance by CAROLINE POWER on behalf of ATRIUM MEDICAL CORPORATION (POWER, CAROLINE) |
| Filing 39 Certified Copy of Transfer Order and docket received, Case transferred in from District of California Central; Case Number 2:21-cv-05223. Original file certified copy of transfer order and docket sheet received. |
| Judge Christine P. O'Hearn and Magistrate Judge Matthew J. Skahill added. (mmb, ) |
Filing 38
ORDER GRANTING JOINT STIPULATION REGARDING THE TRANSFER OF THE ACTION TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY by Judge Christina A. Snyder: This Action is hereby TRANSFERRED to the United States District Court for the District of New Jersey under the terms and conditions of the Joint Stipulation, and such transfer shall be effective as of the date of this Order.The Joint Stipulation to Extend Briefing Schedule #37 is hereby MOOT. (MD JS-6. Case Terminated.) (shb)
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| Filing 37 Joint STIPULATION for Extension of Time to File Plaintiffs' Initial Brief filed by Defendant Atrium Medical Corporation. (Attachments: #1 Proposed Order)(Lee, Jae) |
| Filing 36 Joint STIPULATION to Transfer Case to United States District Court for the District of New Jersey filed by Defendant Atrium Medical Corporation. (Attachments: #1 Proposed Order)(Lee, Jae) |
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Filing 35
ORDER GRANTING STIPULATED PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. The Stipulated Protective Order is hereby GRANTED and shall go into effect as of the date of this Order. granting #33 Application for Protective Order (vm)
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Filing 34
ORDER GRANTING STIPULATED ORDER ON DISCOVERY OF ELECTRONICALLY STORED INFORMATION by Magistrate Judge Michael R. Wilner. The Stipulated Order is hereby GRANTED and shall go into effect as of the date of this Order. granting #32 Application for Protective Order (vm)
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| Filing 33 APPLICATION for Protective Order for Discovery Stipulated Protective Order filed by Defendant Atrium Medical Corporation. (Attachments: #1 Proposed Order)(Lee, Jae) |
| Filing 32 APPLICATION for Protective Order for ESI filed by Defendant Atrium Medical Corporation. (Attachments: #1 Proposed Order)(Lee, Jae) |
| Filing 31 MINUTES OF ZOOM SCHEDULING CONFERENCE Hearing held before Judge Christina A. Snyder. Hearing held by Zoom and counsel are present. The Court confers with counsel, as stated on the record and sets the following briefing re: jurisdiction issue and case, as follows: Plaintiffs Initial Brief shall be filed on or before June 3, 2022; Defendants Opposition shall be filed on or before June 17, 2022; Plaintiffs Reply shall be filed on or before June 24, 2022; and The hearing is set on July 18, 2022, at 10:00 A.M. Court Reporter: Laura Elias. (et) |
| Filing 30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #29 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Other Filings Miscellaneous Filings - Select - Statement. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) |
| Filing 29 Preliminary Statement on the Plaintiffs Remaining in this Action filed by Defendant Atrium Medical Corporation (Lee, Jae) |
| Filing 28 STATUS REPORT filed by Plaintiffs Jose Avila, Rachel Bates, Hazel Benhamed-Masri, Brian Benhardt. (Keller, Daniel) |
| Filing 27 Defendant Atrium Medical Corporation's Proposed Litigation Schedule filed by Defendant Atrium Medical Corporation (Lee, Jae) |
| Filing 26 MINUTES OF ZOOM SCHEDULING CONFERENCE held before Judge Christina A. Snyder. The Court confers with counsel, as stated on the record. The Court sets the cut-off to add parties or amend pleadings on July 28, 2022. The Court continues the Scheduling Conference to May 2, 2022, at 11:00 A.M., to be held by Zoom. Zoom Webinar Information can be found on the Court's website, under Judge Snyder's Procedures. The Court will not set the other dates discussed, instead orders counsel to meet and confer in submitting a Stipulation and Proposed Order for the Courts review on or before April 25, 2022. The Court informs counsel that the above-referenced action should be tried before the end of 2023. If the parties are unable to agree on dates, counsel shall notify the Courtroom Deputy Clerk. If the Stipulation and Proposed Order setting dates, without objection, is granted by the Court, the May 2, 2022 Scheduling Conference will be vacated and no appearances will be needed. Court Reporter: Laura Elias. (shb) |
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Filing 25
ORDER DENYING TRANSFER from the United States Judicial Panel on Multidistrict Litigation MDL ORDER 3024 (shb)
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| Filing 24 STATUS REPORT filed by Plaintiffs Jose Avila, Rachel Bates, Hazel Benhamed-Masri, Brian Benhardt. (Keller, Daniel) |
| Filing 23 STATUS REPORT JOINT REPORT FOR SCHEDULING CONFERENCE filed by Plaintiff Jose Avila. (Keller, Daniel) |
| Filing 22 NOTICE NOTICE OF HEARING BEFORE UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION ON PLAINTIFFS MOTION FOR TRANSFER OF ACTIONS filed by plaintiffs Jose Avila, Rachel Bates, Hazel Benhamed-Masri, Brian Benhardt, Nury Bernal, John Coco, Herman Curley, Claude Daniels, Raymond Ferrell, John Langley, Betty Lewis, Raymond Maki, James Nakashian, Alan Roseman, Alfredo Vega, Randy Walker. (Keller, Daniel) |
| Filing 21 MINUTES OF SCHEDULING CONFERENCE (VIA ZOOM) held before Judge Christina A. Snyder: The Court confers with the parties. For reasons stated on the record, the Court hereby continues the hearing to April 11, 2022 at 11 :00 a.m. Counsel is further ordered to file a Joint Status Report seven days prior to the new scheduling conference date. IT IS SO ORDERED. Court Reporter: Marea Woolrich. (shb) |
| Filing 20 SCHEDULING NOTICE (IN CHAMBERS) by Judge Christina A. Snyder: The SCHEDULING CONFERENCE, set for December 13, 2021, at 11:00 am, shall take place via ZOOM VIDEO WEBINAR. Counsel shall appear via Zoom using the log-in or dial-in information found on Judge Snyder's schedule and procedures page on the Court's website (http://www.cacd.uscourts.gov/honorable-christina-snyder-0). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY |
| Filing 19 NOTICE OF FILING OF MOTION to Transfer Case to JUDICIAL PANEL MULTIDISTRICT LITIGATION filed by plaintiffs Jose Avila, Rachel Bates, Hazel Benhamed-Masri, Brian Benhardt, Nury Bernal, John Coco, Herman Curley, Claude Daniels, Raymond Ferrell, John Langley, Betty Lewis, Raymond Maki, James Nakashian, Alan Roseman, Alfredo Vega, Randy Walker. (Attachments: #1 Memorandum MEMORANDUM IN SUPPORT OF MOTION OF PLAINTIFFS FOR TRANSFER OF ACTIONS TO THE CENTRAL DISTRICT OF CALIFORNIA, OR OTHER JURISDICTION THAT MAY BE PROPOSED IN SUBSEQUENT BRIEFING, PURSUANT TO 28 U.S.C. 1407, FOR COORDINATED OR CONSOLIDATED PRETRIAL PROCEEDINGS, #2 Supplement SCHEDULE OF ACTIONS, #3 Affidavit PROOF OF SERVICE) (Keller, Daniel) Modified on 3/14/2022 (cj). |
| Filing 18 MINUTES OF SCHEDULING CONFERENCE (VIA ZOOM) held before Judge Christina A. Snyder. The Court confers with the parties and hereby continues the hearing to December 13, 2021 at 11:00 a.m. Court Reporter: Laura Elias. (shb) |
| Filing 17 SCHEDULING NOTICE (IN CHAMBERS) AND SETTING HEARING BY ZOOM by Judge Christina A. Snyder, re: Scheduling Conference #14 and Report #16 . The 11/8/2021 hearing at 11:00 AM will be held by Zoom. Zoom Webinar Information can be found on the Court's website, under Judge Snyder's Procedures. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 16 AMENDED JOINT REPORT of FOR SCHEDULING CONFERENCE filed by Plaintiffs Jose Avila, Rachel Bates, Hazel Benhamed-Masri, Brian Benhardt, Nury Bernal, John Coco, Herman Curley, Claude Daniels, Raymond Ferrell, John Langley, Betty Lewis, Raymond Maki, James Nakashian, Alan Roseman, Alfredo Vega, Randy Walker. (Keller, Daniel) |
| Filing 15 NOTICE TO COUNSEL upon filing of the complaint by Judge Christina A. Snyder. (rba) |
| Filing 14 MINUTES OF ZOOM SCHEDULING CONFERENCE - (Continued) held before Judge Christina A. Snyder. Hearing held by Zoom and counsel are present. The Court confers with counsel, as stated on the record. The Court continues the Scheduling Conference to November 8, 2021, at 11:00 A.M. An Amended Joint Report shall be filed on or before November 1, 2021, if needed. Court Reporter: Laura Elias. (shb) |
| Filing 13 NOTICE of Interested Parties filed by Plaintiffs Jose Avila, Hazel Benhamed-Masri, Alfredo Vega, (Keller, Daniel) |
| Filing 12 SCHEDULING NOTICE (IN CHAMBERS) SETTING HEARING BY ZOOM by Judge Christina A. Snyder re: Minutes of In Chambers Order #8 , Joint Report Rule 26(f) Discovery Plan #9 , Order Transferring Case #10 , and Scheduling Notice (In Chambers) 11 . The Status Conference re: Settlement set for 8/9/2021 at 11:00 AM will be held by Zoom. The Zoom Webinar Information for this hearing can be found on the Court's website, under Judge Snyder's Procedures. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) TEXT ONLY ENTRY |
| Filing 11 SCHEDULING NOTICE (IN CHAMBERS) by Judge Christina A. Snyder, re: Minutes of In Chambers Order #8 , Joint Report Rule 26(f) Discovery Plan #9 and Order Transferring Case #10 . The 8/9/2021 Scheduling Conference is continued from 8:30 AM to 11:00 AM before Judge Christina A. Snyder. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
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Filing 10
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:20-cv-09442 CAS(MRWx). Case transferred from Magistrate Judge Maria A. Audero and Judge George H. Wu to Judge Christina A. Snyder and Magistrate Judge Michael R. Wilner for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-05223 CAS(MRWx). Signed by Judge Christina A. Snyder (rn)
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| Filing 9 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 days, filed by Defendant Atrium Medical Corporation.. (Lee, Jae) |
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Filing 8
MINUTE ORDER IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. (Rule 26 Meeting Report due by 7/26/2021. Scheduling Conference set for 8/9/2021 at 08:30 AM before Judge George H. Wu.) (mrgo)
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Filing 7
STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. (See document for details) (mrgo)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Maria A. Audero. (ghap) |
| NON CONFORM COPY OF REQUEST FOR DISMISSAL as to Rachel Bates, Brian Benhardt, Nury Bernal, John Coco, Herman Curley, Claude Daniels, Raymond Ferrell, John Langley, Betty Lewis, Raymond Maki, James Nakashian, Alan Roseman, Randy Walker Without prejudice filed by defendant Atrium Medical Corporation. (SUBMITTED ATTACHED EXHIBIT 2-F) (ghap) |
| CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery), filed by Defendant Atrium Medical Corporation. (FILED IN STATE COURT ON 10/14/2020 SUBMITTED ATTACHED EXHIBIT 2A)(ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Alfredo Vega, James Nakashian, Raymond Maki, John Coco, Rachel Bates, Jose Avila, John Langley, Raymond Ferrell, Nury Bernal, Herman Curley, Claude Daniels, Hazel Benhamed-Masri, Randy Walker, Alan Roseman, Brian Benhardt, Betty Lewis, upon Defendant Atrium Medical Corporation served on 9/16/2020, answer due 10/7/2020. Service of the Summons and Complaint were executed upon Amy McLaren (Managing Agent) in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 9/29/2020 SUBMITTED ATTACHED EXHIBIT 2A) (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Atrium Medical Corporation, Does 1-20., filed by plaintiffs Alfredo Vega, James Nakashian, Raymond Maki, John Coco, Rachel Bates, Jose Avila, John Langley, Raymond Ferrell, Nury Bernal, Herman Curley, Claude Daniels, Hazel Benhamed-Masri, Randy Walker, Alan Roseman, Brian Benhardt, Betty Lewis. (FILED IN STATE COURT ON 9/10/2020 SUBMITTED ATTACHED EXHIBIT 1) (ghap) |
| Filing 4 PROOF OF SERVICE filed by Defendant Atrium Medical Corporation, re Certificate/Notice of Interested Parties #3 , Notice of Removal (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 served on 06-25-2021. (Lee, Jae) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant Atrium Medical Corporation, identifying Getinge Holding USA II, Inc.. (Lee, Jae) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Atrium Medical Corporation. (Lee, Jae) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20-STCV34604 Receipt No: ACACDC-31534110 - Fee: $402, filed by Defendant Atrium Medical Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2-A, #3 Exhibit 2-B, #4 Exhibit 2-C, #5 Exhibit 2-D, #6 Exhibit 2-E, #7 Exhibit 2-F, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5) (Attorney Jae Hong Lee added to party Atrium Medical Corporation(pty:dft))(Lee, Jae) |
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