Yerkey et al v. Sorin Group Deutschland GmbH et al
Plaintiff: Charles Yerkey and Melody Yerkey
Defendant: Sorin Group Deutschland, GmbH, Sorin Group USA, Inc., Cleveland Clinic Foundation doing business as Cleveland Clinic and Cleveland Clinic - Main Campus
Case Number: 1:2023cv00532
Filed: March 15, 2023
Court: US District Court for the Northern District of Ohio
Presiding Judge: David A Ruiz
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Petition for Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 2, 2023 Filing 22 Supplement to Motion to remand case to the Court of Common Pleas of Cuyahoga County Pursuant to 28 USC 1447(C); Request for sanctions - Supplemental Letter, filed by Charles Yerkey, Melody Yerkey. Related document(s) #6 . (Attachments: #1 Exhibit 20230501 Cherkala Order denying CCF motion to dismiss, #2 Exhibit Cherkala - DEF CCFs Motion to Dismiss (Common Pleas Case), #3 Exhibit Cherkala - DEF CCFs Reply Brief on Motion to Dismiss (Common Pleas Case), #4 Exhibit Cherkala - PLTFs Opp to CCF Motion to Dismiss (time-stamped))(Deangelo, Joseph)
April 27, 2023 Filing 21 Opposition to #14 Motion to stay filed by Charles Yerkey, Melody Yerkey. (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - LivaNova's First Notice of Removal 5-20-22, #3 Exhibit C - MDL 7-5-22 Show Cause Order, #4 Exhibit D - Stipulation and Request for Order of Remand 7-6-22, #5 Exhibit E - MDL 7-12-22 Order of Remand, #6 Exhibit F - State Court 3-1-23 Order granting leave to amend complaint, #7 Exhibit G - State Court 4-6-23 Order re inability to process removal, #8 Exhibit H - State Court notice of transfer 4-10-23)(Deangelo, Joseph)
April 26, 2023 Filing 20 Response to #14 Motion to stay In Support Of Defendant LivaNova filed by Cleveland Clinic - Main Campus, Cleveland Clinic Foundation. (Taber, Edward)
April 18, 2023 Filing 19 Certified copies of state court documents received from Cuyahoga County Court of Common Pleas, case number CV-22-963729. State court documents on file in full in the Clerk's Office. (Attachments: #1 Envelope) (L,Br)
April 17, 2023 Filing 18 Reply in support of #6 Motion to remand case to the Court of Common Pleas of Cuyahoga County Pursuant to 28 USC 1447(C); Request for sanctions filed by Charles Yerkey, Melody Yerkey. (Attachments: #1 Exhibit 10 - Common Pleas Court Notice of 4/10/23, #2 Exhibit 11 - Journal Entry (CV-22-963729), #3 Exhibit 12 - Show Cause Order from Middle District of Pennsylvania) (Zanghi, Timothy)
April 14, 2023 Filing 17 Letter with Courtesy Copy of Motion to Vacate filed by Charles Yerkey, Melody Yerkey. (Deangelo, Joseph)
April 13, 2023 Filing 16 Opposition to #6 Motion to remand case to the Court of Common Pleas of Cuyahoga County Pursuant to 28 USC 1447(C); Request for sanctions filed by Cleveland Clinic - Main Campus, Cleveland Clinic Foundation. (Taber, Edward)
April 13, 2023 Filing 15 Opposition to #6 Motion to remand case to the Court of Common Pleas of Cuyahoga County Pursuant to 28 USC 1447(C); Request for sanctions filed by Sorin Group Deutschland, GmbH, Sorin Group USA, Inc.. (Rawlin, Dustin)
April 13, 2023 Filing 14 Motion to stay filed by Sorin Group Deutschland, GmbH, Sorin Group USA, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit A -- Notice of Potential Tag-Along, #3 Exhibit B -- CTO-43 issued, #4 Exhibit C -- CTO-43 finalized, #5 Exhibit D -- Plaintiffs' Motion to Reinstate CTO-43, #6 Exhibit E -- JPML Order Reinstating CTO-43) (Rawlin, Dustin)
April 13, 2023 Filing 13 Attorney Appearance by Emily R. Grace filed on behalf of Cleveland Clinic - Main Campus, Cleveland Clinic Foundation. (Grace, Emily)
April 13, 2023 Filing 12 Attorney Appearance by Edward E. Taber filed on behalf of Cleveland Clinic - Main Campus, Cleveland Clinic Foundation. (Taber, Edward)
April 12, 2023 Opinion or Order Order [non-document] granting #9 Motion for appearance pro hac vice by attorney Joseph G. DeAngelo for Charles Yerkey and Melody Yerkey. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge David A. Ruiz on 4/12/2023. (C,TA)
April 12, 2023 Opinion or Order Order [non-document] granting #10 Motion for appearance pro hac vice by attorney Tim Zanghi for Charles Yerkey and Melody Yerkey. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge David A. Ruiz on 4/12/2023. (C,TA)
April 11, 2023 Filing 11 Motion by Michael Barrett to withdraw as attorney filed by Charles Yerkey, Melody Yerkey. (Lewis, Michael)
April 11, 2023 Filing 10 Motion for attorney Tim Zanghi to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11939772, filed by Charles Yerkey, Melody Yerkey. (Attachments: #1 Exhibit Declaration in Support of Motion for Admission of Counsel Pro Hac Vice)(Lewis, Michael)
April 10, 2023 Filing 9 Motion for attorney Joseph DeAngelo to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11937854, filed by Charles Yerkey, Melody Yerkey. (Attachments: #1 Exhibit Declaration in Support of Motion for Admission of Counsel Pro Hac Vice)(Lewis, Michael)
March 31, 2023 Opinion or Order Filing 8 Order Reinstating Stay of Conditional Transfer Order by the Judicial Panel on Multidistrict Litigation. In re: MDL No. 2816 Sorin 3T Heater-Cooler System Products Liability Litigation (No. II). The stay of the Panel's conditional transfer order designated as "CTO-43" filed on March 22, 2023, is REINSTATED. (M,CE)
March 30, 2023 Filing 7 Conditional Transfer Order (CTO 43) by the Judicial Panel on Multidistrict Litigation. In re: MDL No. 2816 Sorin 3T Heater-Cooler System Products Liability Litigation (No. II). Case transferred to Middle District of Pennsylvania and assigned to the Honorable Christopher C. Conner. (M,CE)
March 30, 2023 Filing 6 Motion to remand case to the Court of Common Pleas of Cuyahoga County Pursuant to 28 USC 1447(C); Request for Sanctions filed by Charles Yerkey, Melody Yerkey. Related document(s) #1 . (Attachments: #1 Proposed Order, #2 Exhibit 1 - Complaint, Cuyahoga County case no. CV 22 963729, #3 Exhibit 2 - Notice of Removal, #4 Exhibit 3 - Remand Order, M.D.Pa. case no. 1:21-cv-1627, #5 Exhibit 4 - Stipulation and Request for Order of Remand, OHND case no. 1:22-cv-847, #6 Exhibit 5 - Remand Order, M.D.Pa. case no. 1:22-cv-941, #7 Exhibit 6 - Brief in Opposition, Cuyahoga County case no. CV 22 963729, #8 Exhibit 7 - 3/1/2023 Journal Entry, Cuyahoga County case no. CV 22 963729, #9 Exhibit 8 - Civil Cover Sheet, #10 Exhibit 9 - Amended Complaint, Cuyahoga County case no. CV 22 963729)(Lewis, Michael). Added Request for sanctions on 3/30/2023 (M,CE).
March 30, 2023 Case transferred from the Northern District of Ohio has been opened in the Middle District of Pennsylvania as case 1:23-cv-00547 on 03/30/2023. Related document(s) #7 . (R,AP)
March 29, 2023 Filing 5 Attorney Appearance by Michael P. Lewis filed by on behalf of All Plaintiffs. (Lewis, Michael)
March 28, 2023 Notice to Attorney Joseph G. Deangelo. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
March 28, 2023 Notice to Attorney Michael F. Barrett. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
March 16, 2023 Filing 4 Magistrate Consent Form issued. (L,MI)
March 16, 2023 Filing 3 Civil Cover Sheet, filed by Sorin Group Deutschland GmbH and Sorin Group USA, Inc. Related document(s) #1 . (Rawlin, Dustin)
March 16, 2023 Judge David A. Ruiz assigned to case. (L,MI)
March 16, 2023 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (L,MI)
March 15, 2023 Filing 2 Corporate Disclosure Statement identifying Corporate Parent LivaNova PLC for LivaNova Deutschland GmbH, LivaNova USA, Inc. filed by LivaNova Deutschland GmbH, LivaNova USA, Inc.. (Rawlin, Dustin)
March 15, 2023 Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV-22-963729 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-11896275. Filer has indicated that case may be a refiling of a previously remanded case 1:22-cv-847. Filed by LivaNova Deutschland GmbH, LivaNova USA, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Plaintiff's Complaint, #3 Exhibit B - LivaNova's NOR No. 1, #4 Exhibit C - Plaintiff's Motion for Remand, #5 Exhibit D - MDL Show Cause Order to LivaNova, #6 Exhibit E - Cherkala Remand Order, #7 Exhibit F - LivaNova Response to Show Cause Order, #8 Exhibit G - Yerkey Remand Order, #9 Exhibit H - CCF Motion to Dismiss, #10 Exhibit I - Ohio State Court Order Granting CCF Motion to Dismiss, #11 Exhibit J - Ohio State Court Docket and Filings, #12 Exhibit K - Tolling Agreement, #13 Exhibit L - Plaintiff's Oppn to CCF Motion to Dismiss) (Rawlin, Dustin)

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Plaintiff: Charles Yerkey
Represented By: Dennis R. Lansdowne
Represented By: Michael F. Barrett
Represented By: William Hawal
Represented By: Joseph G. Deangelo
Represented By: Michael P. Lewis
Represented By: Timothy Zanghi
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Plaintiff: Melody Yerkey
Represented By: Dennis R. Lansdowne
Represented By: Michael F. Barrett
Represented By: William Hawal
Represented By: Timothy Zanghi
Represented By: Joseph G. Deangelo
Represented By: Michael P. Lewis
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Defendant: Sorin Group Deutschland, GmbH
Represented By: Zachary C. Maciaszek
Represented By: Dustin B. Rawlin
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Defendant: Sorin Group USA, Inc.
Represented By: Zachary C. Maciaszek
Represented By: Dustin B. Rawlin
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Defendant: Cleveland Clinic Foundation doing business as Cleveland Clinic
Represented By: Edward E. Taber
Represented By: Emily R. Grace
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Defendant: Cleveland Clinic - Main Campus
Represented By: Edward E. Taber
Represented By: Emily R. Grace
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