Della Porta v. Saratoga Hospital et al
| Nancy Della Porta |
| Saratoga Hospital, Harold G. Card, M.D., F.A.C.C., Saratoga Cardiology Associates, P.C., Boston Scientific Corporation and Guidant Corporation |
| 1:2008cv00539 |
| May 21, 2008 |
| US District Court for the Northern District of New York |
| Personal Inj. Prod. Liability Office |
| Saratoga |
| David R. Homer |
| Gary L Sharpe |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| None |
Docket Report
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| CASE: 1:08-cv-00539; DETAILS: Case transferred from New York Northern has been opened in District of Minnesota as case 0:08-cv-05566, filed 10/22/2008. (dictplp) |
| Filing 22 JPMDL ORDER TRANSFERRING CASE to District of Minnesota for inclusion into MDL 1708 In re: Guidant Corp. Implantable Defibrillators Products Liability Litigation (dictplp) |
| TEXT NOTICE re #3 G.O. 25 Filing Order. The Rule 16 conference previously set for 9/23/2008 at 10:30 AM with Magistrate Judge David R. Homer is ADJOURNED WITHOUT DATE in accordance with the stay in effect pending transfer to the MDL. (lah, ) |
| Filing 21 MDL NOTICE of Hearing Session. (ban) |
Filing 20
ORDER granting #5 Motion to Stay and all further proceedings in this case are hereby STAYED pending transfer of this action of Multi-District Litigation or an order denying such transfer. Signed by Magistrate Judge David R. Homer on 8/5/08. (sg)
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Text Only Order - On May 21, 2008, a notice of removal was filed by defendants Boston Scientific Corporation and Guidant Corporation. See Dkt. No. 1. On May 23, 2008, defendants Boston Scientific and Guidant Corporation filed a motion to stay all proceedings pending transfer to the United States Judicial Panel on Multidistrict Litigation. See Dkt. No. 5. Pending before the court are the remaining defendants and plaintiffs motions to remand. See Dkt. Nos. 6, 10 and 14. The motions are currently scheduled for a return on July 17, 2008. On June 23, 2008, the court received notice of a conditional transfer order. See Dkt. No. 9. On July 10, 2008, the Panel on Multidistrict Litigation notified the district court that a notice of opposition to the conditional transfer order is pending before the Panel. See Dkt. No. 18. THEREFORE, IT IS ORDERED, that the motion hearing scheduled for July 17, 2008 is adjourned pending the Panel's decision on the transfer issue. Issued by Judge Gary L. Sharpe on 7/11/2008. (jel, )
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| Filing 19 Letter dated July 7, 2008 from Bonita Bagley, Deputy Clerk, USJP on MDL to Christopher K. H. Dressler, Esq., regarding the briefing schedule on the noitce of opposition to the proposed transfer. (jel, ) |
| Filing 18 Letter dated July 3, 2008 from John G. Heyburn, II, Chairman, USJP on MDL to the Court regarding pending opposition to the panel's conditional transfer order. (jel, ) |
| Filing 17 MEMORANDUM OF LAW re #6 Motion to Remand, Opposition to Plaintiff's Motion to Remand filed by Boston Scientific Corporation, Guidant Corporation. (Attachments: #1 Exhibit(s) Exhibits A through D)(Anckner, Renee) |
| Filing 16 CERTIFICATE OF SERVICE by Harold G. Card, M.D., F.A.C.C., Saratoga Cardiology Associates, P.C. (Dressler, Christopher) |
| Filing 15 RESPONSE in Opposition re #6 MOTION to Remand and Memorandum of Law Notice of Opposition to Transfer filed by Harold G. Card, M.D., F.A.C.C., Saratoga Cardiology Associates, P.C.. (Attachments: #1 Exhibit(s) Exhibit A Motion to Remand)(Dressler, Christopher) |
| Filing 14 MOTION to Remand Motion Hearing set for 7/17/2008 09:00 AM in Albany before Judge Gary L. Sharpe Response to Motion due by 6/30/2008 Reply to Response to Motion due by 7/7/2008. filed by Nancy Della Porta. (Attachments: #1 Affidavit, #2 Certificate of Service) (Keenholts, Meghan) |
| Filing 13 NOTICE of Appearance by Meghan Rielly Keenholts on behalf of Nancy Della Porta (Keenholts, Meghan) |
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Filing 12
ORDER granting #11 Letter Request. ORDERED that once the papers have been received, the court will schedule the return; #6 MOTION to Remand and Memorandum of Law, #10 First MOTION to Remand. Signed by Judge Gary L. Sharpe on 6/30/08. (ban)
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| Filing 11 Letter Motion from Renee Anckner Gallagher/McCarter & English LLP for Boston Scientific Corporation, Guidant Corporation requesting A one week extension on the briefing schedule and hearing date submitted to Judge David R. Homer. (Anckner, Renee) |
| Filing 10 First MOTION to Remand Motion Hearing set for 7/17/2008 09:00 AM in Albany before Judge Gary L. Sharpe Response to Motion due by 6/30/2008 Reply to Response to Motion due by 7/7/2008. filed by Saratoga Hospital. (Attachments: #1 Attorney Affidavit of Kelly M. Monroe, #2 Certificate of Service) (Monroe, Kelly) |
| Filing 9 CONDITIONAL TRANSFER ORDER (CTO-54)issued by United States Judicial Panel on Multidistrict Litigation.(sg) |
| Filing 8 AMENDED CERTIFICATE OF SERVICE by Harold G. Card, M.D., F.A.C.C., Saratoga Cardiology Associates, P.C. re #6 MOTION to Remand and Memorandum of Law (Mitchell, Lia) Modified on 6/23/2008 to add 'amended' to title (kee). |
| Filing 7 CERTIFICATE OF SERVICE by Harold G. Card, M.D., F.A.C.C., Saratoga Cardiology Associates, P.C. re #6 MOTION to Remand and Memorandum of Law (Mitchell, Lia) |
| Filing 6 MOTION to Remand and Memorandum of Law Motion Hearing set for 7/17/2008 09:30 AM in Albany before Magistrate Judge David R. Homer Response to Motion due by 6/30/2008 Reply to Response to Motion due by 7/7/2008. filed by Harold G. Card, M.D., F.A.C.C., Saratoga Cardiology Associates, P.C.. (Attachments: #1 Exhibit(s) Exhibit "A") (Mitchell, Lia) |
| Filing 5 MOTION to Stay All Proceedings Pending Transfer to MDL 1708 and Memorandum of Law in Support Motion Hearing set for 7/17/2008 09:30 AM in Albany before Magistrate Judge David R. Homer Response to Motion due by 6/30/2008 filed by Boston Scientific Corporation, Guidant Corporation. (Attachments: #1 Exhibit(s) A through F) Motions referred to David R. Homer. (Anckner, Renee) |
| Filing 4 NOTICE of Admission Requirement sent to Shook, Hardy & Bacon, L.L.P. Admissions due by 6/23/2008. (sg) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/23/2008 at 10:30 AM in Albany before Magistrate Judge David R. Homer. Civil Case Management Plan due by 9/15/2008. (sg) |
| Filing 2 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Boston Scientific Corporation and Guidant Corporation: Guidant Corporation is a wholly-owned subsidiary of Boston Scientific Corporation. (sg) |
| Filing 1 NOTICE OF REMOVAL from Saratoga County Supreme Court, Index Number 200860:(U.S. District Court filing fee $350 receipt number 01020275) filed by Boston Scientific Corporation and Guidant Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet, #8 Affidavit of Service of Notice of Removal and Rule 7.1 Statement upon counsel for plaintiff and co-defendant)(sg) |
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