Pender v. Cook Incorporated et al
Plaintiff: Chester G. Pender
Defendant: Cook Incorporated, Cook Medical Incorporated, Cook Group Incorporated and Cook Medical, LLC
Case Number: 5:2023cv00028
Filed: January 19, 2023
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 23, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 23, 2023 Remark - Case transferred from North Carolina Eastern has been opened in Southern District of Indiana as case 1:23-cv-06975, filed 02/23/2023. (Collins, S.)
February 23, 2023 Case transferred to Southern District of Indiana. File transmitted electronically through CM/ECF per instructions of receiving court. (Collins, S.)
February 21, 2023 Filing 10 CONDITIONAL TRANSFER ORDER - Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the Southern District of Indiana for the reasons stated in the order of October 15, 2014, and, with the consent of that court, assigned to the Honorable Richard L. Young. Signed by John W. Nichols, Clerk of the Panel, on 2/21/2023. (Collins, S.)
February 21, 2023 Filing 9 Document: TEXT MINUTE ORDER: As stipulated in Rule 7.1(c) of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, transmittal of the order has been stayed 7 days to give any party an opportunity to oppose the transfer. The 7-day period has now elapsed, no opposition was received, and the order is directed to the Clerk of the United States District Court for the S.D. Indiana for filing. The Panel governing statute, 28 U.S.C. 1407, requires that the transferee clerk transmit a certified copy of the Panel order to transfer to the clerk of the district court from which the action is being transferred. Signed by Clerk of the Panel John W. Nichols on 2/21/2023. (Collins, S.)
February 21, 2023 Filing 8 Document: Email of Text Order from John W. Nichols, Clerk of MDL Panel regarding MDL 2570 advising our court of the conditional transfer order filed by the Panel and inasmuch as no objection is pending at this time, the stay is lifted. (Collins, S.)
February 2, 2023 Filing 7 Affidavit of Service for Complaint, Summons, Civil Cover Sheet filed by Chester G. Pender served on Cook Incorporated, Cook Medical Incorporated, Cook Group Incorporated, Cook Medical, LLC on 02/01/2023. (Attachments: #1 Return of Service Cook Incorporated, #2 Return of Service Cook Medical Incorporated, #3 Return of Service Cook Group Incorporated, #4 Return of Service Cook Medical, LLC) (Kinsley, Brian)
January 27, 2023 Filing 6 Summons Issued as to Cook Group Incorporated, Cook Incorporated, Cook Medical Incorporated, Cook Medical, LLC. *NOTICE: Counsel shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P.4.* (Collins, S.)
January 27, 2023 Filing 5 AMENDED ORDER - At the direction of the Court, and for the continued efficient administration of justice, the above-captioned case is redesignated as a Western Division case. The Honorable Louise Wood Flanagan, United States District Judge, will remain the presiding judge. All future filings should reflect the new case number of 5:23-CV-28-FL. No further filing shall be made in 4:23-CV-6-FL. Signed by Peter A. Moore, Jr., Clerk of Court on 1/27/2023. (Collins, S.)
January 27, 2023 Opinion or Order Filing 4 Order - At the direction of the Court, and for the continued efficient administration of justice, the above-captioned case is redesignated as a Western Division case. The Honorable Louise Wood Flanagan, United States District Judge, will remain the presiding judge. All future filings should reflect the new case number of 5:23-CV-28-FL. No further filing shall be made in 4:22-CV-6-FL. Signed by Peter A. Moore, Jr., Clerk of Court on 1/26/2023. (Collins, S.)
January 27, 2023 Case transferred in from Eastern Division on 01/27/2023. Case Number 4:23-cv-6. (Collins, S.)
January 27, 2023 Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S.)
January 20, 2023 Notice to Counsel - This case should have been filed in the Western division. The Clerk will enter a reassignment order correcting the error. (Rudd, D.)
January 19, 2023 Filing 3 Notice of Appearance filed by Brian L. Kinsley on behalf of Chester G. Pender. (Kinsley, Brian)
January 19, 2023 Filing 2 Financial Disclosure Statement by Chester G. Pender (Kinsley, Brian)
January 19, 2023 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCEDC-6907104.), filed by Chester G. Pender. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet for case, #2 Proposed Summons Summons to Cook Incorporated, #3 Proposed Summons Summons to Cook Medical Incorporated, #4 Proposed Summons Summons to Cook Group Incorporated, #5 Proposed Summons Summons to Cook Medical, LLC) (Kinsley, Brian)

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Plaintiff: Chester G. Pender
Represented By: Brian L. Kinsley
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Defendant: Cook Incorporated
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Defendant: Cook Medical Incorporated
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Defendant: Cook Group Incorporated
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Defendant: Cook Medical, LLC
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