Yerkey et al v. Sorin Group Deutschland GmbH et al
| Charles Yerkey and Melody Yerkey |
| Sorin Group Deutschland, GmbH, Sorin Group USA, Inc., Cleveland Clinic Foundation doing business as Cleveland Clinic and Cleveland Clinic - Main Campus |
| 1:2023cv00532 |
| March 15, 2023 |
| US District Court for the Northern District of Ohio |
| David A Ruiz |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Both |
Docket Report
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| 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) |
| 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) |
| Filing 20 Response to #14 Motion to stay In Support Of Defendant LivaNova filed by Cleveland Clinic - Main Campus, Cleveland Clinic Foundation. (Taber, Edward) |
| 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) |
| 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) |
| Filing 17 Letter with Courtesy Copy of Motion to Vacate filed by Charles Yerkey, Melody Yerkey. (Deangelo, Joseph) |
| 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) |
| 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) |
| 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) |
| Filing 13 Attorney Appearance by Emily R. Grace filed on behalf of Cleveland Clinic - Main Campus, Cleveland Clinic Foundation. (Grace, Emily) |
| Filing 12 Attorney Appearance by Edward E. Taber filed on behalf of Cleveland Clinic - Main Campus, Cleveland Clinic Foundation. (Taber, Edward) |
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)
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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)
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| Filing 11 Motion by Michael Barrett to withdraw as attorney filed by Charles Yerkey, Melody Yerkey. (Lewis, Michael) |
| 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) |
| 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) |
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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)
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| 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) |
| 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). |
| 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) |
| Filing 5 Attorney Appearance by Michael P. Lewis filed by on behalf of All Plaintiffs. (Lewis, Michael) |
| 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) |
| 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) |
| Filing 4 Magistrate Consent Form issued. (L,MI) |
| Filing 3 Civil Cover Sheet, filed by Sorin Group Deutschland GmbH and Sorin Group USA, Inc. Related document(s) #1 . (Rawlin, Dustin) |
| Judge David A. Ruiz assigned to case. (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 Jonathan D. Greenberg. (L,MI) |
| 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) |
| 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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