Chahfe et al v. Medtronic Xomed, Inc.
Plaintiff: Chahfe Medical Professional Recruitment, LLC, Fayez Chahfe, M.D. and Fayez F. Chahfe, M.D.
Defendant: Medtronic Xomed, Inc.
3Rd Party Plaintiff: Fayez F. Chahfe, M.D. doing business as The Chahfe Center
Case Number: 6:2019cv00197
Filed: February 13, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: Frederick J Scullin
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 29, 2019 Filing 25 NOTICE of Appearance by Sarah Richardson on behalf of Medtronic Xomed, Inc. (Richardson, Sarah)
March 29, 2019 Filing 24 NOTICE of Appearance by Lori G. Cohen on behalf of Medtronic Xomed, Inc. (Cohen, Lori)
March 29, 2019 Filing 23 REPLY to Response to Motion re #17 MOTION to Remand to State Court filed by Fayez Chahfe, MD, Fayez F. Chahfe, MD, Chahfe Medical Professional Recruitment, LLC. (Attachments: #1 Memorandum of Law)(Hunt, Kevin)
March 26, 2019 Filing 22 TEXT ORDER: approving the #19 stipulation. The time for defendant to answer or otherwise respond to the complaint is extended up to and including 21 days after the court's ruling on the #17 motion to remand. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/26/2019. (nmk)
March 26, 2019 Filing 21 AFFIDAVIT in Opposition re #17 MOTION to Remand to State Court Declaration of Daniel I.A. Smulian filed by Medtronic Xomed, Inc.. (Smulian, Dan)
March 26, 2019 Filing 20 MEMORANDUM OF LAW re #17 Motion to Remand to State Court,,, Defendant Medtronic XOMED, Inc.'s Memorandum of Law in Opposition to Plaintiffs' Motion To Remand filed by Medtronic Xomed, Inc.. (Smulian, Dan)
March 25, 2019 Filing 19 MOTION for Extension of Time to File Answer Motion or Response to Complaint filed by Medtronic Xomed, Inc.. Motions referred to Andrew T. Baxter. (Smulian, Dan)
March 7, 2019 Filing 18 TEXT ORDER: The Rule 16 conference set for 4/24/2019 and 4/17/2019 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the #17 motion to remand. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/7/2019. (nmk)
March 5, 2019 MOTION SCHEDULING NOTICE as to #17 MOTION to Remand to State Court . Motion Hearing set for 4/12/2019 before Senior Judge Frederick J. Scullin Jr. will be taken on submit. No oral argument will be held. (bjw, )
March 4, 2019 Filing 17 MOTION to Remand to State Court Motion Hearing set for 4/12/2019 10:00 AM in Syracuse before Senior Judge Frederick J. Scullin Jr. Response to Motion due by 3/26/2019 Reply to Response to Motion due by 4/1/2019. filed by Fayez Chahfe, MD, Fayez F. Chahfe, MD, Chahfe Medical Professional Recruitment, LLC. (Attachments: #1 Affidavit, #2 Memorandum of Law, #3 Exhibit(s) Exhibit 1 - Filed Decision and Order with Notice of Entry, #4 Exhibit(s) Exhibit 2 - 2.5.19 Ltr to herkimer County Clerk's Office filing Notice of Appeal, #5 Exhibit(s) Exhibit 3 - Filed Notice of Appeal, #6 Exhibit(s) Exhibit 4 - Medtronic's Ltr to Herkimer County Clerk's Office re filing Notice of Removal, #7 Certificate of Service) (Hunt, Kevin)
March 4, 2019 Filing 16 TEXT ORDER: granting #15 Letter Request. The #13 Letter requesting a conference is withdrawn. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/4/2019. (nmk)
February 28, 2019 Filing 15 Letter Motion from Kevin T. Hunt, Esq. for Fayez Chahfe, MD, Fayez F. Chahfe, MD, Chahfe Medical Professional Recruitment, LLC requesting to withdraw conference request submitted to Judge Andrew T. Baxter . (Hunt, Kevin)
February 27, 2019 Filing 14 NOTICE by Medtronic Xomed, Inc. re #8 Notice of Admission Requirement, #7 Notice of Admission Requirement Letter to John M. Domurad, Clerk re admission status of Lori G. Cohen and Sarah H. Richardson (Smulian, Dan)
February 26, 2019 Filing 13 Letter Motion from Kevin T. Hunt, Esq. for Fayez Chahfe, MD, Fayez F. Chahfe, MD, Chahfe Medical Professional Recruitment, LLC requesting court conference submitted to Judge FJS-ATB . (Hunt, Kevin)
February 15, 2019 Filing 12 TEXT ORDER: granting #10 Letter Request for an extension of time. The time for defendant Medtronic Xomed, Inc. to answer or otherwise respond to the complaint is extended to 4/5/2019. The joint Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/17/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The telephonic Rule 16 Conference is reset for 4/24/2019 at 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. Plaintiffs' counsel is directed to initiate the call and contact chambers at 315-234-8600 when all participants are on the conference line. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/15/2019. (nmk)
February 15, 2019 Filing 11 NOTICE of Appearance by Andrew R. Borelli on behalf of Fayez Chahfe, MD, Fayez F. Chahfe, MD, Chahfe Medical Professional Recruitment, LLC (Borelli, Andrew)
February 15, 2019 Filing 10 First Letter Motion from Daniel I.A. Smulian for Medtronic Xomed, Inc. requesting Extension of time to answer or move submitted to Judge Andrew T. Baxter . (Smulian, Dan)
February 14, 2019 Filing 9 CERTIFICATE OF SERVICE by Medtronic Xomed, Inc. re #2 State Court Complaint, #3 State Court Records filed, #4 Jury Demand, #5 FRCP 7.1 Corporate Disclosure Statement, #1 Notice of Removal,,, (Smulian, Dan)
February 13, 2019 Filing 8 NOTICE of Admission Requirement as to Party Medtronic Xomed, Inc. Attorney Lori Cohen, Esq. admissions due by 2/27/2019. (dpk) [Emailed attorney on 2/13/2019]
February 13, 2019 Filing 7 NOTICE of Admission Requirement as to Party Medtronic Xomed, Inc. Attorney Sarah H. Richardson, Esq. admission due by 2/27/2019. (dpk) [Emailed to attorney on 2/13/2019]
February 13, 2019 Filing 6 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/25/2019 at 10:00 AM before US Magistrate Judge Andrew T. Baxter. All conferences will be conducted by telephone unless the parties are specifically directed to appear. Counsel for plaintiff is directed to coordinate the initial conference call. Once all parties are on the conference line, Judge Baxter's Chambers can be reached at 315-234-8600. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/18/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (dpk)
February 13, 2019 Filing 5 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Medtronic Xomed, Inc. identifying Corporate Parent Medtronic, Inc. and Corporate Parent Medtronic PLC for Medtronic Xomed, Inc. (dpk)
February 13, 2019 Filing 4 DEMAND for Trial by Jury by Medtronic Xomed, Inc. (dpk)
February 13, 2019 Filing 3 State Court Record: Amended Third Party Summons and Complaint. (dpk)
February 13, 2019 Filing 2 STATE COURT SUMMONS and COMPLAINT relating to #1 Notice of Removal. (dpk)
February 13, 2019 Filing 1 NOTICE OF REMOVAL from NYS Supreme Court, County of Herkimer, case number 98716/14 (Filing fee $400 receipt number CNYNDC-4649780) filed by Medtronic Xomed, Inc. (Attachments: #1 Exhibit A (State Court Summons and Complaint), #2 Exhibit B1 (State Court Third Party Summons and Complaint), #3 Exhibit B2 (Memo of Law), #4 Exhibit B3 (Part 1), #5 Exhibit B3 (Part 2), #6 Exhibit B4 (Order to Show Cause), #7 Exhibit B5 (Cover Letter), #8 Exhibit B6 (State Court Letter), #9 Exhibit B7 (Letter from Bobbi Pabon), #10 Exhibit B8 (Motion to Dismiss Third Party Complaint), #11 Exhibit B9 (Amended Third Party Complaint), #12 Exhibit B10 (Response to Motion to Dismiss), #13 Exhibit B11 (Memo of Law in Partial Support of Plaintiff's Motion to Dismiss), #14 Exhibit B12 (Plaintiffs Memo of Law), #15 Exhibit B13 (Reply), #16 Exhibit B14 (Reply), #17 Exhibit B15 (State Court Decision and Order), #18 Civil Cover Sheet) (dpk)

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Plaintiff: Chahfe Medical Professional Recruitment, LLC
Represented By: Kevin T. Hunt
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Plaintiff: Fayez Chahfe, M.D.
Represented By: Kevin T. Hunt
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Plaintiff: Fayez F. Chahfe, M.D.
Represented By: Kevin T. Hunt
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Defendant: Medtronic Xomed, Inc.
Represented By: Dan Smulian
Represented By: Thomas C. Cambier
Represented By: John G. Powers
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3rd party plaintiff: Fayez F. Chahfe, M.D. doing business as The Chahfe Center
Represented By: Kevin T. Hunt
Represented By: Andrew R. Borelli
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