Parrish v. Medtronic USA, Inc. et al
| Brenda Parrish |
| Medtronic, Inc., HeartWare International Inc. and Medtronic USA, Inc. |
| 1:2019cv02995 |
| December 30, 2019 |
| US District Court for the Northern District of Ohio |
| James S Gwin |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 27, 2020. A more recent docket listing may be available from PACER.
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| Filing 16 Joint Report of Parties' Planning Meeting under Fed. R. Civ. P. 26(f) and L.R. 16.3(b) - parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. (Cosgrove, Paul) |
| Filing 15 Response to #7 Motion to dismiss for failure to state a claim and Alternative Motion for Leave to Amend Complaint filed by Brenda Parrish. (Mooney, Matthew) |
| Filing 14 Amended Affidavit of Alena Michele Markley in Support of Motion for Admission of Counsel Pro Hac Vice, filed by All Defendants. Related document(s) #13 . (Cosgrove, Paul) |
Order [non-document] granting Motion for appearance pro hac vice by attorney Daniel I.A. Smulian for HeartWare International Inc., Medtronic USA, Inc., and Medtronic, Inc.. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #11 ). Judge James S. Gwin on 2/4/2020.(S,KM)
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Order [non-document]granting Motion for appearance pro hac vice by attorney Alena M. Markley for HeartWare International Inc., Medtronic USA, Inc., Medtronic, Inc.. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #13 ). Judge James S. Gwin on 2/4/2020.(S,KM)
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| Filing 13 Motion for attorney Alena Michele Markley to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9761463, filed by HeartWare International Inc., Medtronic USA, Inc., Medtronic, Inc.. (Attachments: #1 Exhibit A - A. Markley Affidavit in Support and Certificate)(Cosgrove, Paul) |
| Filing 12 Supplement regarding Exhibit A to Motion for attorney Daniel I.A. Smulian to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9761174, - Affidavit in Support of Motion for Admission of Counsel Pro Hac Vice (and Certificate of Good Standing), filed by All Defendants. Related document(s) #11 . (Cosgrove, Paul) |
| Filing 11 Motion for attorney Daniel I.A. Smulian to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9761174, filed by HeartWare International Inc., Medtronic USA, Inc., Medtronic, Inc.. (Cosgrove, Paul) |
| LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
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Filing 10
Case Management Conference Scheduling Order signed by Judge James S. Gwin setting a case management conference on 3/3/2020 at 09:00 AM in Chambers 18A. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (Attachments: #1 Appendix 1. Parties' Planning Meeting Report, #2 Appendix 2. Local Rule 30.1)(S,KM)
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| Filing 9 Jury Demand filed by HeartWare International Inc., Medtronic USA, Inc., Medtronic, Inc.. (Cosgrove, Paul) |
| Filing 8 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by HeartWare International Inc., Medtronic USA, Inc., Medtronic, Inc.. (Cosgrove, Paul) |
| Filing 7 Motion to dismiss for failure to state a claim filed by HeartWare International Inc., Medtronic USA, Inc., Medtronic, Inc.. (Attachments: #1 Brief in Support, #2 Exhibit A- Premarket Approval Documents, #3 Exhibit B- Recall Notice)(Cosgrove, Paul) |
| IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Filing 6 Unopposed Motion for extension of time until January 20, 2020 to answer Move, or Otherwise Plead filed by HeartWare International Inc., Medtronic USA, Inc., Medtronic, Inc.. (Cosgrove, Paul) |
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Order [non-document] entered by Judge James S. Gwin on 1/2/2020 granting defendants' #6 Motion for Extension of Time to Answer until 1/20/2020.(S,KM)
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| Filing 5 Magistrate Consent Form issued. (L,MI) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (L,MI) |
| Judge James S. Gwin assigned to case. (L,MI) |
| Filing 4 Corporate Disclosure Statement identifying Corporate Parent Medtronic plc for Medtronic, Inc. filed by Medtronic, Inc.. (Cosgrove, Paul) |
| Filing 3 Corporate Disclosure Statement identifying Corporate Parent Medtronic plc for Medtronic USA, Inc. filed by Medtronic USA, Inc.. (Cosgrove, Paul) |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent Medtronic, Inc. for HeartWare International Inc. filed by HeartWare International Inc.. (Cosgrove, Paul) |
| Filing 1 Notice of Removal from Cuyahoga County, case number CV-19-925816 with jury demand, Filing fee paid $ 400, receipt number 0647-9698313.. Filed by Medtronic USA, Inc., Medtronic, Inc., HeartWare International Inc.. (Attachments: #1 Exhibit A- State Court Proceedings, #2 Civil Cover Sheet, #3 Demand for Jury Trial By Defendants) (Cosgrove, Paul) |
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