Lis et al v. Koninklijke Philips N.V. et al
| Sharon Lis and Allen Lis |
| Koninklijke Philips N.V., Philips North America LLC, Philips RS North America LLC, Philips Holding USA, Inc., Philips Healthcare and Health System Services, Ltd. |
| 1:2023cv00907 |
| August 31, 2023 |
| US District Court for the Western District of New York |
| Jeremiah J McCarthy |
| John L Sinatra |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on February 12, 2024. A more recent docket listing may be available from PACER.
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Filing 27
TEXT ORDER: The October 24, 2023 oral argument of the pending motions [6, 9] is cancelled. A decision concerning the motions will issue in the near future. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/20/2023. (EG)
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Filing 26
TEXT ORDER: Defendant's motion to waive the local counsel requirement #24 is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/3/23. (MDY)
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Filing 25
MEMORANDUM in Support re #24 MOTION Notice of Motion to Waive Local Counsel Requirement filed by Philips RS North America LLC. (Lunetta, Kimberley)
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Filing 24
MOTION Notice of Motion to Waive Local Counsel Requirement by Philips RS North America LLC.(Lunetta, Kimberley)
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TEXT ORDER: Oral Argument on the parties' motions [6, 9] is set for October 24, 2023 at 2:00 PM via teleconference before Hon. Jeremiah J. McCarthy. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/3/2023. (EG) Modified to teleconference at the parties' request on 10/3/2023 (EG).
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Filing 23
REPLY to Response to Motion re #9 First MOTION to Remand back to State Court Reply in Support filed by Allen Lis, Sharon Lis. (Attachments: #1 Declaration in support of Plaintiffs' Motion to Remand, #2 Exhibit A - Order, #3 Exhibit B - Medical Record, #4 Exhibit C - E-Mail, #5 Exhibit D - CPAP Instructions, #6 Exhibit E - CPAP Info from HSS, #7 Exhibit F - CPAP Resupply Info, #8 Exhibit G - Equipment Guide, #9 Exhibit H - Replacement Instructions, #10 Exhibit I - Philips CPAP Recall)(Ponterio, Michael)
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Filing 22
NOTICE of Withdrawal of Attorney: Gary Adler no longer appearing for Defendant Philips RS North America LLC. CLERK TO FOLLOW UP. (Adler, Gary)
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Filing 21
NOTICE of Appearance by Kimberley E. Lunetta on behalf of Philips RS North America LLC (Lunetta, Kimberley)
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Filing 20
RESPONSE in Opposition re #9 First MOTION to Remand back to State Court filed by Philips RS North America LLC. (Attachments: #1 Exhibit Exhibit A - Email from Sheehan to Lavelle et al.)(Adler, Gary)
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Filing 19
REPLY to Response to Motion re #6 MOTION to Stay proceedings pending transfer to MDL No. 3014 filed by Philips RS North America LLC. (Attachments: #1 Exhibit Exhibit A- Email from Sheehan to Lavelle et al., #2 Exhibit Exhibit B- MDL No. 3014 ECF 793, #3 Exhibit Exhibit C - Order, Graham et al v. Respironics, #4 Exhibit Exhibit D - Order, Travera v. Koninklijke Philips NV, #5 Exhibit Exhibit E - Order, Dobbs et al v. Aerocare Home Medicale Home Medical, #6 Exhibit Exhibit F - Order, Walker v. Philips N. Am. LLC, #7 Exhibit Exhibit G - Order, Mack v. Philips N. Am.)(Adler, Gary)
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Filing 18
TEXT ORDER: The motions of Franco A. Corrado, Esq. and John P. Lavelle, Esq. for pro hac vice admission [16, 17]] are granted on the condition that they either obtain local counsel as required by L.R. Civ. P. 83.2(a)(1) or a waiver of that requirement by October 10, 2023. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/25/23. (MDY)Clerk to Follow up
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Filing 17
MOTION to appear pro hac vice John P. Lavelle ( Filing fee $ 200 receipt number ANYWDC-4981278.) by Philips RS North America LLC. (Attachments: #1 Motion PHV - J. Lavelle, #2 Admission Petition Form - J. Lavelle, #3 Admission Sponsor Affidavit - J. Lavelle, #4 Attorney Oath - J. Lavelle, #5 Civility Principles Oath - J. Lavelle, #6 Attorney Database & ECF - J. Lavelle)(Adler, Gary)
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Filing 16
MOTION to appear pro hac vice Franco A. Corrado ( Filing fee $ 200 receipt number ANYWDC-4981179.) by Philips RS North America LLC. (Attachments: #1 Motion PHV, #2 Admission Petition Form - F. Corrado, #3 Admission Sponsor Affidavit - F. Corrado, #4 Attorney Oath - F. Corrado, #5 Civility Principles Oath - F. Corrado, #6 Attorney Database & ECF - F. Corrado)(Adler, Gary)
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Filing 15
TEXT ORDER: The motion of Connor G. Sheehan, Esq. for pro hac vice admission #13 is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/15/23. (MDY)
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Filing 14
TEXT ORDER: Responses to both defendant's motion to stay #6 and plaintiffs' motion to remand #9 shall be filed by September 25, 2023. Replies, if any, should be filed by October 2, 2023, after which time the motions will be taken under advisement without oral argument unless otherwise deemed necessary or requested by the parties. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/14/2023. (EG)
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Filing 13
First MOTION to appear pro hac vice of Connor G. Sheehan, Esq. ( Filing fee $ 200 receipt number ANYWDC-4974380.) by Allen Lis, Sharon Lis. (Attachments: #1 Supplement in support, #2 Supplement Certificate of Good Standing, #3 Supplement Add'l Certificate of Good Standing, #4 Supplement Admission Petition Form, #5 Affidavit Sponsoring Affidavit, #6 Supplement Attorney's Oath, #7 Supplement Civility Principles Oath, #8 Supplement Filing Registration Form)(Ponterio, Michael)
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Filing 12
NOTICE by Philips RS North America LLC re #10 Response in Opposition to Motion, of Intent to File And Serve Reply Memorandum (Adler, Gary)
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Filing 11
TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/12/2023. (KLH)
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Filing 10
RESPONSE in Opposition re #6 MOTION to Stay proceedings pending transfer to MDL No. 3014 Plaintiffs Opposition filed by Allen Lis, Sharon Lis. (Attachments: #1 Exhibit Exhibit 1 - Cert of Incorp, #2 Exhibit Exhibit 2 - Aff of Serv, #3 Exhibit Exhibit 3 - Docket Sheet, #4 Exhibit Exhibit 4 - Sum and Compl, #5 Memorandum in Support Memorandum in Opposition, #6 Exhibit Exhibit A - Graham Order, #7 Exhibit Exhibit B - Graham Motion)(Ponterio, Michael)
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Filing 9
First MOTION to Remand back to State Court by Allen Lis, Sharon Lis. (Attachments: #1 Declaration in support, #2 Exhibit A - NYS Div of Corps HSS, #3 Exhibit B - Aff of Serv, #4 Exhibit C - Sale_Distribut Record, #5 Memorandum in Support)(Ponterio, Michael)
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Filing 8
TEXT ORDER re #6 Motion to Stay Proceedings Pending Transfer to MDL. Any response by Plaintiffs is due by 9/11/2023. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/6/2023. (KEF)
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Filing 7
MEMORANDUM in Support re #6 MOTION to Stay proceedings pending transfer to MDL No. 3014 filed by Philips RS North America LLC. (Attachments: #1 Exhibit A - Notice of Potential Tag-Along Action, #2 Exhibit B - Stay Orders)(Adler, Gary)
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Filing 6
MOTION to Stay proceedings pending transfer to MDL No. 3014 by Philips RS North America LLC. (Attachments: #1 Text of Proposed Order)(Adler, Gary)
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Filing 5
NOTICE by Allen Lis, Sharon Lis (Ponterio, Michael)
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ATTENTION ALL PARTIES OR INTERVENORS: Pursuant to Fed. R. Civ. P. 7.1 and/or General Order No. 157 In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed with first appearance, pleading, petition, motion, response, or other request addressed to the court. (KM)
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Filing 4
Corporate Disclosure Statement by Philips RS North America LLC identifying Corporate Parent Philips Holding USA, Inc., Corporate Parent Philips RS North America Holding Corporation, Corporate Parent Koninklijke Philips Naamloze Venootschap for Philips RS North America LLC.. (Adler, Gary)
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Filing 3
NOTICE of Appearance by Gary Allyn Adler on behalf of Philips RS North America LLC (Adler, Gary)
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Filing 2
CONTINUATION OF EXHIBITS by Philips RS North America LLC. to #1 Notice of Removal,,,, filed by Philips RS North America LLC. (Adler, Gary)
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Filing 1
NOTICE OF REMOVAL by Philips RS North America LLC from Niagara County Supreme Court, case number E180656/2023. (Filing fee $ 402 receipt number ANYWDC-4964324), filed by Philips RS North America LLC. (Attachments: #1 Exhibit A - Summons and Complaint filed August 10, 2023, #2 Exhibit B - Notice of Service of Process on Philips North America LLC, #3 Exhibit C - Notice of Service of Process on Philips North America LLC, #4 Exhibit D - Notice of Service of Process on Philips Holding USA, Inc., #5 Exhibit E - Philips RS North America LLC Corporate Records and Business Registrations, #6 Exhibit F - Philips RS North America Holding Corporation Corporate Records and Business Registrations, #7 Exhibit G - Philips North America LLC Corporate Records and Business Registrations, #8 Exhibit H - Philips Holding USA, Inc. Corporate Records and Business Registrations, #9 Exhibit I - Transfer Order, #10 Exhibit J - Declaration of William B. Monahan Esq. in Support of Notice of Removal, #11 Civil Cover Sheet)(Adler, Gary)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (JLV)
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Notified Multi-District Litigation Panel of potential tag-along case. (JLV)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JLV)
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Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (JLV)
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