McKinney v. Bayer Corporation et al
| George McKinney |
| Bayer Corporation, Bayer Healthcare LLC and Does 1-10 |
| 1:2010cv00224 |
| February 2, 2010 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Kathleen M. O'Malley |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
270
Opinion and Order signed by Judge James S. Gwin on 3/14/13. The class action Settlement Agreement is approved subject to the restrictions in Part III of the opinion. Plaintiff's claims are dismissed, including the claims of the Class, with prejudice and the Court retains jurisdiction, all as set forth in this entry. (Related Doc. 255 ) (M,G)
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Filing
239
Opinion and Order signed by Judge James S. Gwin on 4/10/12 denying defendants' motion for summary judgment. (Related Doc. 149 ) (M,G)
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Filing
210
Opinion and Order signed by Judge James S. Gwin on 4/9/12 granting in part and denying in part Defendants Bayers' motions to quash and modify subpoenas. (Related Docs. 174 , 175 , 187 ) (M,G)
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Filing
146
Opinion and Order signed by Judge James S. Gwin on 11/11/11. The Court grants in part and denies in part plaintiff's motion to certify his breach-of-express-warranty claim as a class action. The Court denies as moot plaintiff's motion to strike Bayer's supplemental declarations. (Related Docs. 78 , 102 , 104 , 118 , 139 ) (M,G)
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Filing
108
Opinion and Order signed by Judge James S. Gwin on 6/28/11 granting plaintiff's motion for leave to file an amended complaint; amended complaint to be filed on or before 7/5/11. Further, as noted in this entry, Plaintiff McKinney and any of his individuals will be dismissed from this action upon the filing of the amended complaint substituting Gerald Godec as putative class representative. Gerald Godec is to be made available for deposition and other discovery before 7/18/11 with p laintiff paying the expense of Godec's deposition. Additional briefing limited to the issue of Godec's adequacy as class representative shall be submitted as follows: plaintiff's opening brief due 7/29/11, defendants' opposition brief due 8/12/11 and plaintiff's reply brief due 8/19/11. A hearing is scheduled for 9/1/11 at 10:00 a.m., Courtroom 18A (Cleveland) on class certification, considering arguments made on Godec's adequacy as class representative along with arguments already submitted on class certification. All other dates earlier assigned by this Court shall remain as previously set. (Related Doc. 95 ) (M,G)
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Filing
31
Memorandum & Order. Defendants' Motion to Dismiss Plaintiff's Complaint (Related doc # 6 ) is GRANTED in part and DENIED in part, as outlined herein. With respect to the ODTPA claim, the Court will certify to the Ohio Supreme Cour t the question of whether a consumer has standing to file suit under the statute. The parties shall have fourteen (14) days from the date of this Order to submit proposed language for certification. Judge Kathleen M. O'Malley on 9/30/2010. (H,CM)
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Filing
26
Memorandum & Order. Defendants' Motion to strike (Related Doc # 10 ) is GRANTED. Paragraph 56 of Plaintiff's complaint is STRICKEN. Judge Kathleen M. O'Malley on 7/12/2010.(H,CM)
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