Montalbano v. Honor Health et al
| Alfred Joseph Montalbano, Jr. |
| Laura Lee Martinez, Honor Health, Arizona Premier Surgery, Valley Anesthesiology Consultants Incorporated, Albert Amini, Unknown Amini, Amar Jitendra Thosani, Unknown Thosani, Daniel Parsons, Unknown Parsons, Maria Saldivar, Unknown Saldivar, Starr Elizabeth Eads, Unknown Eads, Kaitlin Makenzie Betcher, Unknown Betcher, Laura Lee Lu, Unknown Martinez, Hannah Robertson, Unknown Robertson, Stephanie Wogan, Unknown Wogan, Catherine Heitert, Unknown Heitert, Unknown Parties and CR Bard |
| 2:2022cv03758 |
| October 21, 2022 |
| US District Court for the Southern District of Ohio |
| Kimberly A Jolson |
| Edmund A Sargus |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 Petition for Removal- Wrongful Death |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 21, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 31 Short Form ANSWER to Complaint with Jury Demand filed by CR Bard. (Kloss, William) |
| Filing 30 Case transferred in from District of Arizona; Case Number 2:22-cv-01112. Original file electronic copy of transfer order and docket sheet received. |
| Judge Edmund A. Sargus and Magistrate Judge Kimberly A. Jolson added. (daf) |
| Filing 29 CERTIFIED MDL TRANSFER ORDER (CTO-2846) Transferring Case to the Southern District of Ohio Re MDL-2846. (MAP) [Transferred from Arizona on 10/21/2022.] |
| Remark: Case Transferred to the Southern District of Ohio via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 10/21/2022.] |
| Filing 28 NOTICE of Appearance by Renee Coury on behalf of Albert Amini, Unknown Amini, Arizona Premier Surgery, Starr Elizabeth Eads, Unknown Eads. (Coury, Renee) [Transferred from Arizona on 10/21/2022.] |
Filing 27
ORDER granting Bard's #18 Motion to Stay. All proceedings and deadlines in this case are stayed until such time as the United States Judicial Panel on Multidistrict Litigation orders the transfer of the above-entitled action to MDL 2846. No ruling will be made on the motion to remand until the stay is lifted. Signed by Judge Susan M. Brnovich on 9/1/2022. (ESG) [Transferred from Arizona on 10/21/2022.]
|
| Filing 26 NOTICE re: Defendant C. R. Bard, Inc.'s Notice of Non-Opposition and Reply in Support of Motion to Stay by CR Bard re: #18 MOTION to Stay re: #8 MOTION to Remand to State Court Defendant C. R. Bard, Inc.'s Motion to Stay All Proceedings Pending Transfer to Multidistrict Litigation and Opposition to Plaintiff's Motion to Remand; Memorandum of Po . (Wittenberg, Daniel) [Transferred from Arizona on 10/21/2022.] |
|
Filing 25
ORDER upon consideration of the #24 Stipulation and Consent for Substitution of Counsel, IT IS HEREBY ORDERED that Renee M. Coury be substituted in lieu of Attorney, Douglas R. Cullins, for Defendant, Albert Amini, M.D. Signed by Judge Susan M. Brnovich on 8/29/2022. (ESG) [Transferred from Arizona on 10/21/2022.]
|
| Filing 24 STIPULATION and Consent for Substitution of Counsel by Albert Amini. (Attachments: #1 Proposed Order Granting Substitution of Counsel)(Cullins, Douglas) [Transferred from Arizona on 10/21/2022.] |
| Filing 23 REPLY to Response to Motion re: #8 MOTION to Remand to State Court Defendant C. R. Bard, Inc.'s Motion to Stay All Proceedings Pending Transfer to Multidistrict Litigation and Opposition to Plaintiff's Motion to Remand; Memorandum of Po filed by Alfred Joseph Montalbano, Jr. (Moulton, Timothy) Modified on 9/7/2022 to link to correct motion. (ESG). [Transferred from Arizona on 10/21/2022.] |
|
Filing 22
ORDER that the #20 Motion to Stay is granted. The filing of the Joint Case Management Report is stayed pending outcome of the Motion to Remand, and the Case Management Conference set on August 22, 2022 is vacated. Signed by Judge Susan M. Brnovich on 8/15/2022. (ESG) [Transferred from Arizona on 10/21/2022.]
|
| Filing 21 Joinder re: #20 MOTION to Stay Requirement to File Joint Case Management Order and Vacate Case Management Conference on August 22, 2022 Joinder in Motion to Stay by Defendant Maria Saldivar. filed by Maria Saldivar. (Kline, Peter) [Transferred from Arizona on 10/21/2022.] |
| Filing 20 MOTION to Stay Requirement to File Joint Case Management Order and Vacate Case Management Conference on August 22, 2022 by Alfred Joseph Montalbano, Jr. (Attachments: #1 Proposed Order)(Moulton, Timothy) [Transferred from Arizona on 10/21/2022.] |
| Filing 19 Additional Attachments to Main Document re: #18 MOTION to Stay re: #8 MOTION to Remand to State Court Defendant C. R. Bard, Inc.'s Motion to Stay All Proceedings Pending Transfer to Multidistrict Litigation and Opposition to Plaintiff's Motion to Remand; Memorandum of Po Proposed Order by Defendant CR Bard. (Wittenberg, Daniel) [Transferred from Arizona on 10/21/2022.] |
| Filing 18 MOTION to Stay re: #8 MOTION to Remand to State Court Defendant C. R. Bard, Inc.'s Motion to Stay All Proceedings Pending Transfer to Multidistrict Litigation and Opposition to Plaintiff's Motion to Remand; Memorandum of Points and Authorities in Support by CR Bard. (Attachments: #1 Exhibit Declaration, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration)(Wittenberg, Daniel) [Transferred from Arizona on 10/21/2022.] |
| Filing 17 NOTICE re: Notice of Non-Opposition by Maria Saldivar re: #8 MOTION to Remand to State Court . (Kline, Peter) [Transferred from Arizona on 10/21/2022.] |
| Filing 16 *NOTICE of Appearance by Douglas Robert Cullins on behalf of Albert Amini, Arizona Premier Surgery. (Cullins, Douglas) *Modified to reflect correct event and to add additional filer; attorney noticed on 8/5/2022 (SST). [Transferred from Arizona on 10/21/2022.] |
| Filing 15 NOTICE re: of Status of Case and Status of Service of Process by Alfred Joseph Montalbano, Jr . (Attachments: #1 Exhibit Exh A)(Moulton, Timothy) [Transferred from Arizona on 10/21/2022.] |
|
Filing 14
ORDER Pursuant to the order of the United States Judicial Panel on Multidistrict Litigation (Doc. #13 ), the conditional transfer order has been stayed. Therefore, the Motion for Remand (Doc. #8 ) is subject to this Court's review. Therefore, IT IS ORDERED that a response to the motion is due no later than August 10, 2022 and a reply due no later than August 17, 2022. Ordered by Judge Susan M. Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) [Transferred from Arizona on 10/21/2022.]
|
|
Filing 13
ORDER REINSTATING STAY OF CONDITIONAL TRANSFER ORDER - that the stay of the Panel's Conditional Transfer Order designated as "CTO-94" filed on July 12, 2022, is REINSTATED insofar as it relates to this action. (MAP) [Transferred from Arizona on 10/21/2022.]
|
| Remark: Case NOT transferred to the Southern District of Ohio, case reopened pursuant to doc. #13 . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 10/21/2022.] |
| Filing 12 CERTIFIED MDL TRANSFER ORDER (CTO-94) Transferring Case to the Southern District of Ohio Re MDL-2846. (MAP) [Transferred from Arizona on 10/21/2022.] |
| Remark: Case Transferred to the Southern District of Ohio via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 10/21/2022.] |
| Filing 11 NOTICE re: Notice of Non-Consent by Maria Saldivar re: #1 Notice of Removal, . (Kline, Peter) [Transferred from Arizona on 10/21/2022.] |
| Filing 10 NOTICE re: Notice of Non-Consent by Maria Saldivar re: #1 Notice of Removal, . (Kline, Peter) [Transferred from Arizona on 10/21/2022.] |
| Filing 9 NOTICE re: Notice of Service by Maria Saldivar . (Kline, Peter) [Transferred from Arizona on 10/21/2022.] |
| Filing 8 MOTION to Remand to State Court by Alfred Joseph Montalbano, Jr. (Attachments: #1 Exhibit Exh A-B, #2 Proposed Order)(Moulton, Timothy) [Transferred from Arizona on 10/21/2022.] |
| Filing 7 NOTICE re: Notice of Service by Alfred Joseph Montalbano, Jr . (Moulton, Timothy) [Transferred from Arizona on 10/21/2022.] |
| Remark: Pro hac vice motion(s) granted for Daniel S Wittenberg on behalf of Defendant CR Bard. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP) [Transferred from Arizona on 10/21/2022.] |
|
Filing 6
ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Telephonic Case Management Conference is set for August 22, 2022 at 9:30 a.m. (15 minutes allowed). The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 7/6/2022. (ESG) [Transferred from Arizona on 10/21/2022.]
|
|
Filing 5
ORDER This matter having recently come before this Court, the parties are advised of the following preliminary policies and procedures that will govern these proceedings and are ordered as follows. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 7/6/2022. (ESG) [Transferred from Arizona on 10/21/2022.]
|
| Filing 4 Filing fee paid, receipt number AAZDC-20829265. This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-22-1112-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) [Transferred from Arizona on 10/21/2022.] |
| Filing 3 DEFENDANT'S DEMAND for Jury Trial by CR Bard. (Wiberg, Ashley) (ARC) [Transferred from Arizona on 10/21/2022.] |
| Filing 2 Corporate Disclosure Statement by CR Bard. (Wiberg, Ashley) (ARC) [Transferred from Arizona on 10/21/2022.] |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2022-002736. Filing fee received: $ 402.00, receipt number AAZDC-20829265 filed by CR Bard. (Wiberg, Ashley) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3)(ARC) [Transferred from Arizona on 10/21/2022.] |
| ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED : Certificate of Service re: Summons, Complaint, First Amended Complaint, Plaintiffs' Demand for Jury Trial, Certificate of Compulsory Arbitration upon Valley Anesthesiology Consultants Incorporated on 6/2/2022. (Original filed in Maricopa County Superior Court on 6/8/2022); upon Starr Elizabeth Eads on 6/21/2022. (Original filed in Maricopa County Superior Court on 6/27/2022); upon Honor Health on 6/2/2022. (Original filed in Maricopa County Superior Court on 6/8/2022).(ARC) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. [Transferred from Arizona on 10/21/2022.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
