Warren v. ResMed Corp. et al.
| Brooke Warren, individually and as executor of the estate of Philip T. Warren, deceased and Brooke Warren |
| ResMed Corp., Apria Healthcare LLC and Apria Healthcare Group, Inc. |
| 1:2021cv08531 |
| October 15, 2021 |
| US District Court for the Southern District of New York |
| John F Keenan |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 20, 2024. A more recent docket listing may be available from PACER.
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Filing 18
ORDER: The conference in this case is adjourned from December 22, 2021 to December 21, 2021 at 11:00 a.m. Courtroom 20-C. SO ORDERED. ( Initial Conference set for 12/21/2021 at 11:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 11/22/2021) (tg)
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Filing 17
DECLARATION of Beth S. Rose in Support re: #15 JOINT MOTION to Dismiss .. Document filed by ResMed Corp...(Rose, Beth)
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Filing 16
JOINT MEMORANDUM OF LAW in Support re: #15 JOINT MOTION to Dismiss . . Document filed by Apria Healthcare LLC, ResMed Corp...(Calica, Andrew)
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Filing 15
JOINT MOTION to Dismiss . Document filed by Apria Healthcare LLC, ResMed Corp...(Calica, Andrew)
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Filing 14
ORDER granting #12 Letter Motion for Extension of Time to File Response/Reply re #12 FIRST LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss addressed to Judge John F. Keenan from Daniel Rubin dated November 17, 2021. In light of the parties' agreement, the requested extension is GRANTED. The Plaintiff's Response to the Defendant's Motion to Dismiss must be filed on or before December 22, 2021. The Defendant's Reply must be filed on or before January 14, 2022. The parties are directed to file their motion papers on ECF on or before the aforementioned deadlines. The Court recognizes that the Defendants served the Plaintiff with their Motion to Dismiss before the November 8, 2021, deadline set by this Court. The Defendants are directed to file their Motion to Dismiss on ECF as soon as practicable. SO ORDERED. Responses due by 12/22/2021 Replies due by 1/14/2022. (Signed by Judge John F. Keenan on 11/18/2021) (tg)
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Filing 13
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ResMed Inc., Other Affiliate Vanguard Group Inc. for ResMed Corp.. Document filed by ResMed Corp...(Rose, Beth)
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Filing 12
FIRST LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss addressed to Judge John F. Keenan from Daniel Rubin dated November 17, 2021. Document filed by Brooke Warren, Brooke Warren. Return Date set for 11/19/2021 at 10:00 AM..(Rubin, Daniel)
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Filing 11
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Apria, Inc. for Apria Healthcare LLC. Document filed by Apria Healthcare LLC..(Calica, Andrew)
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Filing 10
NOTICE OF APPEARANCE by Adrienne Kathrine Yoseph on behalf of Apria Healthcare LLC..(Yoseph, Adrienne)
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Filing 9
NOTICE OF APPEARANCE by Erin Elizabeth Barrett on behalf of ResMed Corp...(Barrett, Erin)
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Filing 8
STIPULATION AND ORDER GOVERNING TIME FOR DEFENDANTS TO MOVE, ANSWER OR OTHERWISE RESPOND TO THE AMENDED COMPLAINT: WHEREAS this matter was initially filed in New York State Supreme Court as Brooke Warren, individually and as Executor of the Estate of Philip T. Warren, v. ResMed Corp., et al, Index No. 157086/21 ("State Court Action"); and WHEREAS in the State Court Action, counsel for Plaintiff Brooke Warren ("Plaintiff') and counsel for Defendants ResMed Corp., Apria Healthcare LLC, and Apria HealthCare Group, Inc. (collectively "Defendants") stipulated and agreed to extend the time for Defendants to file an answer or otherwise respond to the Amended Complaint until November 8, 2021; and WHEREAS the State Court Action has been removed to the United States District Court for the Southern District of New York, and the parties wish to adopt the same deadline for responding to Plaintiffs pleading in this proceeding; NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED to by and between all counsel that the time Defendants respectively have to move, answer or otherwise respond to the Amended Complaint filed by Plaintiff is hereby extended through and including November 81 2021. Motions terminated: #7 LETTER MOTION for Extension of Time to File Answer addressed to Judge John F. Keenan from Beth Rose dated October 19, 2021. filed by ResMed Corp.., Apria Healthcare LLC answer due 11/8/2021; ResMed Corp. answer due 11/8/2021. (Signed by Judge John F. Keenan on 10/20/2021) (tg)
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Filing 7
LETTER MOTION for Extension of Time to File Answer addressed to Judge John F. Keenan from Beth Rose dated October 19, 2021. Document filed by ResMed Corp.. (Attachments: #1 Text of Proposed Order).(Rose, Beth)
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Filing 6
ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/22/2021 at 11:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan. (Signed by Judge John F. Keenan on 10/19/2021) (tg)
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Filing 5
DEMAND for Trial by Jury. Document filed by Brooke Warren, Brooke Warren.(Rubin, Daniel)
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Filing 4
NOTICE OF APPEARANCE by Daniel Benjamin Rubin on behalf of Brooke Warren, Brooke Warren..(Rubin, Daniel)
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Filing 3
NOTICE OF APPEARANCE by Perry D. Silver on behalf of Brooke Warren, Brooke Warren..(Silver, Perry)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew Jonathan Calica re: Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): Add Brooke Warren to CM ECF with the party text "as executor of the estate of Philip T. Warren, deceased". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc)
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***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Andrew Jonathan Calica. The following party/parties has been removed from this case: Apria Healthcare Group, Inc.. The party was added to the case in error. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew Jonathan Calica. The party information for the following party/parties has been modified: Brooke Warren, individually and as executor of the estate of Philip T. Warren, deceased, Apria Healthcare LLC. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John F. Keenan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
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Case Designated ECF. (pc)
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ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Apria Healthcare LLC, Brooke Warren added. Party added pursuant to #1 Notice of Removal,.Document filed by Apria Healthcare LLC, Brooke Warren. Related document: #1 Notice of Removal,..(Calica, Andrew)
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Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
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Filing 2
CIVIL COVER SHEET filed..(Calica, Andrew)
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Filing 1
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 157086/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25203831).Document filed by Apria Healthcare Group, Inc., Apria Healthcare LLC..(Calica, Andrew)
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