MONROE v. ETHICON, INC. et al
PENNY MONROE |
Ethicon, Inc., SECANT MEDICAL, INC., SECANT MEDICAL, LLC and Johnson & Johnson |
1:2020cv00107 |
February 3, 2020 |
US District Court for the Northern District of New York |
Gary L Sharpe |
Daniel J Stewart |
Personal Inj. Prod. Liability |
28 U.S.C. § 1332 Diversity-Personal Injury |
Plaintiff |
Docket Report
This docket was last retrieved on February 3, 2020. A more recent docket listing may be available from PACER.
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Filing 28 G.O. 25 FILING ORDER ISSUED: Initial In-Person Rule 16 Conference set for 5/6/2020 at 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/29/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
Filing 27 NOTICE OF ADMISSION REQUIREMENT: as to Party Defendants Ethicon, Inc., and Johnson & Johnson; Attorney Melissa A. Merk Esq. and Molly Elizabeth Flynn, Esq., Email address is melissa.merk@dbr.com and molly.flynn@faegredrinker.com. Phone number is 215-988-3343 and 215-988-2836. Admissions due by 2/18/2020. {Served electronically upon all counsel} (jmb) |
Filing 26 NOTICE OF ADMISSION REQUIREMENT: as to Party Defendants Ethicon, Inc., and Johnson & Johnson; Attorney Julie A. Callsen, Esq., Email address is julie.callsen@tuckerellis.com. Phone number is 216-696-2286. Admissions due by 2/18/2020. (Served electronically upon all counsel} (jmb) |
Filing 25 NOTICE OF ADMISSION REQUIREMENT: as to Party Plaintiff; Attorney Daniel R. Lapinski, Esq., Email address is dlapinski@motleyrice.com. Phone number is 856-667-0500. Admissions due by 2/18/2020. {Served electronically upon all counsel} (jmb) |
Filing 24 Case transferred in from District of Pennsylvania Eastern; Case Number 2:19-cv-05384. electronically transferred when case opened |
Filing 23 Original Record together with certified copy of docket entries received from Court of Common Pleas of PHILADELPHIA County. (jl, ) [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 22 ORDER THAT PLAINTIFFS MOTION TO REMAND (ECF DOC. NO. #7 ) IS DENIED; FOLLOWING OUR NOVEMBER 19, 2019 ORDER (ECF DOC. NO. #5 ), THE CLERK OF COURTSHALL TRANSFER THIS CASE TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK, CLOSE THIS CASE IN OUR DISTRICT; AND, DEFENDANTS' MOTION TO DISMISS (ECF DOC. NO. #8 ) IS DENIED AS MOOT WITHOUT PREJUDICE TO PRESENT ARGUMENTS IN THE TRANSFEREE COURT IF WARRANTED.. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/23/2019. 12/23/2019 ENTERED AND COPIES E-MAILED.(nd, ) [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 21 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/23/2019. 12/23/2019 ENTERED AND COPIES E-MAILED.(nd, ) [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 20 Minute Entry for MOTION HEARING held on 12/17/19, before Judge KEARNEY. Court Reporter/Transcriber S. GAGLIARDI. (rf, ) [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 19 REPLY in Support re #8 MOTION to Dismiss for Lack of Jurisdiction filed by ETHICON, INC., JOHNSON & JOHNSON. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F, #4 Exhibit G)(CALLSEN, JULIE) Modified on 12/16/2019 (lisad, ). [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 18 ORDER THAT THE COURT WILL HOLD CONSOLIDATED ORAL ARGUMENT IN THIS CASE AND IN ROGERS V. ETHICON, C.A. NO. 19-5461, ON 12/17/2019, AT 10:00 AM, IN COURTROOM 6B. FURTHER INFORMATION OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/6/2019. 12/9/2019 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(amas) [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 17 MEMORANDUM of Law in Opposition re #8 MOTION to Dismiss for Lack of Jurisdiction filed by PENNY MONROE. (Attachments: #1 Exhibit A-State Court Filing, #2 Exhibit B-State Court Filing, #3 Exhibit C-State Court Order, #4 Exhibit D-State Court Filing, #5 Exhibit E-Unpublished State Court Opinion, #6 Text of Proposed Order)(QUIRK, MICHAEL) Modified on 12/9/2019 (lisad, ). [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 16 REPLY Brief in Support re #7 MOTION to Remand to State Court filed by PENNY MONROE. Certificate of Service. (Attachments: #1 Exhibit A-State Court Order)(QUIRK, MICHAEL) Modified on 12/9/2019 (lisad, ). [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 15 Memorandum re #7 MOTION to Remand to State Court filed by ETHICON, INC., JOHNSON & JOHNSON. (Attachments: #1 Exhibit Order dated Aug. 22, 2014, #2 Exhibit Order dated Jan. 7, 2015, #3 Exhibit Plaintiff's Response to Defendant Secant Group, LLC's Motion to Dismiss Pursuant to the Biomaterial Access Assurance Act and for Attorney Fees, #4 Exhibit Order dated Oct. 15, 2019)(CALLSEN, JULIE) [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 14 Response to Plaintiff's Notice of Supplemental Authority re #10 Order on Motion for Leave to File, by ETHICON, INC., JOHNSON & JOHNSON. (CALLSEN, JULIE) [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 13 MEMORANDUM of Law in Opposition to Transfer of Venue re #5 Order,, Set Deadlines, by PENNY MONROE. Certificate of Service. (QUIRK, MICHAEL) Modified on 11/27/2019 (lisad, ). [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 12 MEMORANDUM of Law in Support of Transfer to the Northern District of New York re #5 Order,, Set Deadlines, by ETHICON, INC., JOHNSON & JOHNSON. (Attachments: #1 Exhibit A, #2 Exhibit B) (CALLSEN, JULIE) Modified on 11/27/2019 (lisad, ). [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 11 NOTICE of Appearance by DANIEL R. LAPINSKI on behalf of PENNY MONROE with Certificate of Service(LAPINSKI, DANIEL) [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 10 ORDER THAT PLAINTIFF'S MOTION FOR LEAVE (DOC. NO. #9 ) IS GRANTED AND THE COURT ACCEPTS THE CITED AUTHORITY IN FURTHER SUPPORT OF THE MOTION FOR REMAND (RE: DOC. NO. #7 ) AND NOTHING IN THIS ORDER ALTERS THE DEFENDANTS' RESPONSE DATE TO THE MOTION FOR REMAND. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/25/2019.11/25/2019 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(amas) [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 9 MOTION for Leave to File Supplemental Authority in Support of Motion for Remand filed by PENNY MONROE.Certificate of Service. (Attachments: #1 Exhibit A-Supplemental Authority)(QUIRK, MICHAEL) [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 8 MOTION to Dismiss for Lack of Jurisdiction filed by ETHICON, INC., JOHNSON & JOHNSON.Memorandum. (Attachments: #1 Memorandum In Support, #2 Text of Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(CALLSEN, JULIE) [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 7 MOTION to Remand to State Court filed by PENNY MONROE.Certificate of Service. (Attachments: #1 Memorandum of Law, #2 Text of Proposed Order)(QUIRK, MICHAEL) [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 6 NOTICE of Appearance by MICHAEL J. QUIRK on behalf of PENNY MONROE with Certificate of Service(QUIRK, MICHAEL) [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 5 ORDER THAT THE PARTIES SHALL SHOW CAUSE IN A MEMORANDUM NOT EXCEEDING TEN PAGES FILED ON OR BEFORE 11/26/19 AS TO WHY WE SHOULD NOT TRANSFER THIS MATTER TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK UNDER 28 USC SEC. 1404. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/19/19. 11/19/19 ENTERED & E-MAILED. MAILED UNREPS. (fdc) [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 4 NOTICE of Appearance by MOLLY ELIZABETH FLYNN on behalf of ETHICON, INC., JOHNSON & JOHNSON with Certificate of Service(FLYNN, MOLLY) [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 3 NOTICE of Appearance by MELISSA A. MERK on behalf of ETHICON, INC., JOHNSON & JOHNSON with Certificate of Service(MERK, MELISSA) [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 Identifying Corporate Parent JOHNSON & JOHNSON for ETHICON, INC.. with CERTIFICATE OF SERVICE by ETHICON, INC., JOHNSON & JOHNSON. (jaa, ) Modified on 11/19/2019 (lisad, ). [Transferred from Pennsylvania Eastern on 2/3/2020.] |
Filing 1 NOTICE OF REMOVAL WITH CERTIFICATE OF SERVICE by ETHICON, INC., JOHNSON & JOHNSON from PHILADELPHIA COURT OF COMMON PLEAS, case number 190900610. (Filing fee $ 400 receipt number PPE206924) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Civil Cover Sheet, #5 Designation Form, #6 Case Management Track Form)(jaa, ) [Transferred from Pennsylvania Eastern on 2/3/2020.] |
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