Tomaro v. St. Jude Medical S.C., Inc. et al
| Merisa Tomaro |
| St. Jude Medical S.C., Inc., Daniel George and Keith Boettiger |
| 3:2013cv00405 |
| December 2, 2013 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Walter H Rice |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 32 STIPULATION of Dismissal WITH PREJUDICE by Plaintiff Merisa Tomaro. (Webber, Adam) |
Filing 31
ORDER OF DISMISSAL: TERMINATION ENTRY - The Court having been advised by counsel for the parties that the above matter has been settled, IT IS ORDERED that this action is hereby DISMISSED, with prejudice as to the parties, provided that any of the parties may, upon good cause shown within 60 days, reopen the action if settlement is not consummated. Parties intending to preserve this Court's jurisdiction to enforce the settlement should be aware of Kokkonen v. Guardian Life Ins. Co. of America, 114 S.Ct. 1673 (1994), and incorporate appropriate language in any substituted judgment entry. The Court will retain jurisdiction to enforce the terms of the settlement between the parties, if necessary. Signed by Judge Walter H. Rice on 2/8/2016. (jdf)
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| Filing 30 MOTION in Limine by Plaintiff Merisa Tomaro. (Attachments: #1 Exhibit 1) (Webber, Adam) |
| Filing 29 NOTICE: Referral of this case to the undersigned Judicial Officer has expired. Signed by Chief Magistrate Sharon L. Ovington. (mcm) |
| Filing 28 Supplemental Memorandum Supporting re #20 MOTION for Summary Judgment filed by Defendant St. Jude Medical S.C., Inc.. (Whitcomb, David) |
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NOTATION ORDER sustaining no further memoranda are to be filed #27 Motion for Leave to File a Response to Plaintiff's Sur-Reply by Defendant St. Jude Medical S.C., Inc. Signed by Judge Walter H. Rice on 12/8/2015. (jdf)
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| Filing 27 MOTION for Leave to File a Response to Plaintiff's Sur-Reply by Defendant St. Jude Medical S.C., Inc.. Responses due by 12/31/2015 (Attachments: #1 Exhibit Response to Plaintiff's Sur-Reply) (Whitcomb, David) |
| Filing 26 Supplemental Memorandum Opposing re #20 MOTION for Summary Judgment Sur-Reply filed by Plaintiff Merisa Tomaro. (Webber, Adam) |
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NOTATION ORDER overruling Motion to Strike and sustaining Motion to filed Sur-Reply within seven (7) days re: #25 MOTION to Strike 24 Reply to Response to Motion OR, IN THE ALTERNATIVE, A MOTION FOR LEAVE TO FILE SUR-REPLY by Plaintiff Merisa Tomaro. Signed by Judge Walter H. Rice on 11/16/2015. (jdf)
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| Filing 25 MOTION to Strike #24 Reply to Response to Motion OR, IN THE ALTERNATIVE, A MOTION FOR LEAVE TO FILE SUR-REPLY by Plaintiff Merisa Tomaro. Responses due by 12/7/2015 (Webber, Adam) |
| Filing 24 REPLY to Response to Motion re #20 MOTION for Summary Judgment filed by Defendant St. Jude Medical S.C., Inc.. (Attachments: #1 Exhibit, #2 Exhibit) (Whitcomb, David) |
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Filing 23
ORDER granting #22 Motion for Extension of Time to File Response/Reply re #22 Unopposed MOTION for Extension of Time to File Response/Reply as to #21 Response in Opposition to Motion, New date requested 11/6/2015. Replies due by 11/6/2015.. Signed by Judge Walter H. Rice on 10/30/15. (pb)
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| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply as to #21 Response in Opposition to Motion, New date requested 11/6/2015. by Defendant St. Jude Medical S.C., Inc.. Responses due by 11/6/2015 (Attachments: #1 Text of Proposed Order) (Whitcomb, David) |
| Minute Entry for proceedings held before Chief Magistrate Judge Sharon L. Ovington: Telephone Conference held on 10/26/2015. (rp) |
| NOTATION ORDER directing the Clerk to SEAL Exhibits 6, 7, 8, 9, 11, & 12 to Plaintiff's #21 Response in Opposition to Motion for Summary Judgment because they contain confidential medical information. Signed by Chief Magistrate Judge Sharon L. Ovington on 10/26/15. (rp) |
| Filing 21 RESPONSE in Opposition re #20 MOTION for Summary Judgment filed by Plaintiff Merisa Tomaro. (Attachments: #1 Affidavit Declaration of Adam R. Webber with Exhibits, #2 Exhibit Casey Depo Ex. 3, #3 Exhibit Casey Depo Ex. 4, #4 Exhibit Hawks Depo Ex. 9, #5 Exhibit Hawks Depo Ex. 11, #6 Exhibit Hawks Depo Ex. 12, #7 Exhibit Hawks Depo. Ex. 13, #8 Exhibit Hawks Depo. Ex. 15) (Webber, Adam) |
| Filing 20 MOTION for Summary Judgment by Defendant St. Jude Medical S.C., Inc.. Responses due by 10/13/2015 (Attachments: #1 Exhibit A - Plaintiff's Deposition, #2 Exhibit B - Hawks' Deposition, #3 Exhibit C - Dahl's Declaration, #4 Exhibit D - Casey's Deposition) (Whitcomb, David) |
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Filing 19
AMENDED SCHEDULING ORDER: CASE IS REFERRED TO MAGISTRATE JUDGE SHARON L. OVINGTON - (Cut-off date for filing of motions for summary judgment: due by 9/17/2015; Response: 10/13/2015; Reply: 10/30/2015., Cut-off date for all other pretrial motions, ie., motions in limine, motions for a view, etc. due by Tuesday 2/2/2016., Joint Final Pretrial by parties to be filed no later than 2/9/2016., Exhibit Submission for Trial or Hearing due by 2/12/2016., Final Pretrial Conference set for 2/16/2016 05:00 PM by Teleconference before Judge Walter H Rice., Deadline for submitting proposed jury instructions (To include verd ict forms and interrogatories) to the Court in both hard copy and diskette form and original copies of depositions, with designations.that counsel intend to usc at trial: At least 10 days prior to trial., Deadline for submitting counter-designations: At least 5 days prior to trial., Jury Trial set for 2/29/2016 09:00 AM before Judge Walter H Rice. Law Clerk assigned to case: Zachary Farquhar.). Signed by Judge Walter H Rice on 8/27/2015. (srb)
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| Minute Entry for Telephone Conference held on 8/24/2015. (Scheduling Entry to be filed shortly.) (jdf) |
| Filing 18 RULE 26(f) REPORT AND REPORT ON PENNSYLVANIA MATTER by Plaintiff Merisa Tomaro. (Webber, Adam) |
| NOTICE OF TELEPHONE CONFERENCE : Scheduling Telephone Conference set for 8/24/2015 at 4:30 PM before Judge Walter H Rice. Parties please file a Joint Amended 26(f) no later than the close of business on 8/20/2015. The court also request that the the parties file a Status on the outcome of the case for the Western District of Pennsylvania. (jdf) |
| NOTICE OF TELEPHONE CONFERENCE : Status Telephone Conference set for 8/4/2015 at 4:15 PM before Judge Walter H Rice. Please notify Cindy Fugate at 937-512-1501 if you will be participating. (jdf) |
| Filing 17 STIPULATED PROTECTIVE ORDER - Pursuant to Rules 26(c) and 5.2(e) of the Federal Rules of Civil Procedure, the parties' Proposed Stipulated Protective Order #16 , and the Notation Order dated 10/10/2014, this Protective Order is hereby issued. Signed by Chief Magistrate Judge Sharon L Ovington on 10/10/2014. (rms) |
| Filing 16 NOTICE by Plaintiff Merisa Tomaro re #15 MOTION for Protective Order with STIPULATED PROTECTIVE ORDER (Webber, Adam) |
| NOTATION ORDER granting #15 the parties' Joint Motion for Entry of Stipulated Protective Order. Signed by Chief Magistrate Judge Sharon L Ovington on 10/10/2014. (rms) |
| Filing 15 MOTION for Protective Order by Plaintiff Merisa Tomaro. (Webber, Adam) |
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NOTATION ORDER sustaining #14 Motion to Stay. Signed by Judge Walter H Rice on 9/30/2014. (jdf1)
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| Filing 14 Joint MOTION to Stay or Extend All Case Deadlines by Plaintiff Merisa Tomaro. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (DiPasquale, Joseph) |
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Filing 13
AMENDED PRELIMINARY PRETRIAL CONFERENCE ORDER: Discovery due by 9/25/2014. The Status Conference presently set on Tuesday, September 9, 2014 at 5:00 p.m. is CANCELLED. Status Conference set for 9/30/2014 at 5:00 PM by Teleconference before Judge Walter H Rice. The cut-off date for filing Motions for Summary Judgment is extended to October 27, 2014. Defendants shall respond to Plaintiffs written discovery requests by September 29, 2014; and The remaining dates set by the Preliminary Pretrial Conference Order (Doc. #9 ) are CONFIRMED. Signed by Magistrate Judge Sharon L Ovington on 08/29/14. (pb1)
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| Filing 12 RESPONSE to Motion re #11 MOTION for Extension of Time to Complete Discovery New date requested 9/25/2014. AND REQUEST FOR IMMEDIATE DISCOVERY CONFERENCE filed by Defendant St. Jude Medical S.C., Inc.. (Attachments: #1 Exhibit) (Whitcomb, David) |
| Minute Entry for proceedings held before Chief Magistrate Judge Sharon L Ovington: Discovery Teleconference held on 8/29/2014. (rp1) |
| Filing 11 MOTION for Extension of Time to Complete Discovery New date requested 9/25/2014. AND REQUEST FOR IMMEDIATE DISCOVERY CONFERENCE by Plaintiff Merisa Tomaro. (Attachments: #1 Exhibit A) (Webber, Adam) |
| Filing 10 NOTICE of Appearance by Joseph P. DiPasquale for Plaintiff Merisa Tomaro (DiPasquale, Joseph) |
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Filing 9
PRELIMINARY PRETRIAL CONFERENCE ORDER: Case is referred to Magistrate Judge Sharon L Ovington ( Motions directed to pleadings due by 3/3/2014., Lay Witness due by 1/6/2014., Plaintiff Primary Expert due by 5/15/2014., Plaintiff Rebuttal Expert due by 6/26/2014., Defendant Primary Expert due by 5/15/2014., Defendant Rebuttal Expert due by 6/26/2014., Proposed Final Pretrial Order due by 1/6/2015., Exhibit Submission for Trial or Hearing due by 1/9/2015.), Discovery due by 8/26/2014. Status Conference set for 9/2/2014 05:00 PM by Teleconference before Judge Walter H Rice Final Pretrial Conference set for 1/13/2015 AT 5:00 PM by Teleconference before Judge Walter H Rice. Jury Trial set for 1/26/2015 at 09:00 AM in Courtroom 1 - Dayton before Judge Walter H Rice.. Signed by Judge Walter H Rice on 01/14/14. (pb1)
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| Filing 8 RULE 26(f) REPORT of the Parties by Plaintiff Merisa Tomaro. (Webber, Adam) |
| Filing 7 ANSWER to #2 Complaint filed by St. Jude Medical S.C., Inc.. (Whitcomb, David) |
| Filing 6 NOTICE of Voluntary Dismissal by Plaintiff Merisa Tomaro (Webber, Adam) |
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NOTATION ORDER approving re #5 Stipulation filed by St. Jude Medical S.C., Inc., Daniel George, Keith Boettiger. Signed by Judge Walter H Rice on 12/10/2013. (jdf1)
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| Reset Deadlines: Pursuant to the Stipulated Extension of Time #5 , Defendants Keith Boettiger, Daniel George, and St. Jude Medical S.C., Inc. have until 12/23/2013 within which to Move or Plead. (tt) |
| NOTICE OF TELEPHONE CONFERENCE : Preliminary Pretrial Telephone Conference set for 1/7/2014 at 4:30 PM before Judge Walter H Rice. Prior to the pretrial conference counsel must comply with the MANDATORY DISCLOSURE RULES of Fed. R. Civ. P. 26(a)(1) and the MANDATORY, pre-preliminary pretrial conference between counsel, required by Fed. R. Civ. P. 26(f). NOTE...the format for the Rule 26(f) conference between counsel and the Report to the court has been altered. This new form is available on line and MUST be utilized in this case. The Report must be filed 7 DAYS PRIOR TO THE CONFERENCE. In all cases with class action allegations, the parties shall include in their Fed. R. Civ. P. 26(f) report proposed deadlines for completing discovery relevant to those allegations and for filing a motion to certify a class, and a proposed date for class action determination. Pretrial procedures and forms can be found at our website at www.ohsd.uscourts.gov. Should more attorneys be actively involved than those listed on the Court's docket, please notify the Courtroom Deputy, Cindy Fugate, at 937-512-1501, immediately, to include the additional attorneys in the Preliminary Pretrial Telephone Conference. If you wish a number other than your office number called, please advise 24 hours preceding the conference. (jdf1) |
| Filing 5 STIPULATION for Extension of Time to Move or Plead by Defendants Keith Boettiger, Daniel George, St. Jude Medical S.C., Inc.. (Whitcomb, David) |
| Filing 4 NOTICE by Defendants St. Jude Medical S.C., Inc. Certificate of Filing (Whitcomb, David) Modified on 12/3/2013 to reflect correct defendant.(jdf1). |
| Filing 3 Corporate Disclosure Statement by Defendant St. Jude Medical S.C., Inc. identifying Corporate Parent St. Jude Medical, Inc. (pes1) Modified text on 12/2/2013 (tt). |
| Filing 2 COMPLAINT with JURY DEMAND against Keith Boettiger, Daniel George, St. Jude Medical S.C., Inc., filed by Merisa Tomaro. (Originally filed in the Court of Common Pleas, Montgomery County, Ohio on 11/04/2013(pes1) Modified text on 12/2/2013 (tt). |
| Filing 1 NOTICE OF REMOVAL from Montgmery County Common Pleas Court, case number 2013CV06761, filed by St. Jude Medical S.C., Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B) (pes1) |
| Filing fee: $ 400, receipt number COL30243 (pes1) |
| Chief Magistrate Judge Sharon L. Ovington to be assigned for referral purposes. (tt) |
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