ASHWORTH v. EUROFINS DONOR & PRODUCT TESTING, INC., F/K/A EUROFINS VRL et al
| CHARLES ASHWORTH |
| EUROFINS DONOR & PRODUCT TESTING, INC., EUROFINS VRL, AZIYO BIOLOGICS, INC., MEDTRONIC SOFAMOR DANEK USA, INC., SPINALGRAFT TECHNOLOGIES, LLC, DCI DONOR SERVICES, INC., NEW MEXICO DONOR SERVICES, INC., READING HOSPITAL, TOWER HEALTH, TOWER HEALTH MEDICAL GROUP, DAVID LAMBORN, D.O., DANIEL WIMER, PA-C, ANKIT SHAH, M.D., ADAM SIGAL, M.D., CHAD ROARABAUGH, PA-C, MAIN LINE HOSPITALS, INC. doing business as PAOLI HOSPITAL, MAIN LINE HEALTHCARE, MAIN LINE HEALTH SYSTEM, MITCHELL DRAKE, M.D., JESSICA RAE VIOLA, PA-C and JOSEPH C. LI, M.D. |
| 5:2023cv01958 |
| May 23, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| JEFFREY L SCHMEHL |
| P.I.: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Defendant |
Docket Report
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This docket was last retrieved on July 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 43 Minute Entry for proceedings held before HONORABLE JEFFREY L. SCHMEHLin Courtroom VIDEO CONFERENCE Motion Hearing held on 7/13/23 re #13 MOTION to Remand to State Court filed by CHARLES ASHWORTH Court Reporter: ESR. (dt) |
| Filing 42 Notice of Filing of Official Transcript with Certificate of Service re #41 Transcript - PDF. 7/5/23 Entered and Copies Emailed. (amas) |
| Filing 41 TRANSCRIPT of MOTION TO REMAND HEARING held on 6/28/23, before Judge JEFFREY L. SCHMEHL. Court Reporter/Transcriber MICHAEL T. KEATING. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/26/2023. Redacted Transcript Deadline set for 8/7/2023. Release of Transcript Restriction set for 10/3/2023. (amas) |
Filing 40
ORDER OF 6/30/23 THAT A HEARING BY ZOOM IS SCHEDULED FOR THURSDAY, JULY 13, 2023 AT 11:00AM. THE COURT WILL PROVIDE THE DETAILS OF THE ZOOM TO ALL PARTIES PRIOR TO THAT DATE. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 6/30/23. 6/30/23 ENTERED AND COPIES E-MAILED. (DT)
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| Filing 39 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Amended Complaint filed by DCI DONOR SERVICES, INC., NEW MEXICO DONOR SERVICES, INC..Certificate of Service. (Attachments: #1 Certificate of Service)(ENGELKRAUT, BRETT) |
| Filing 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DCI DONOR SERVICES, INC., NEW MEXICO DONOR SERVICES, INC..Brief in Support, Certificate of Service. (Attachments: #1 Brief, #2 Certificate of Service)(ENGELKRAUT, BRETT) |
| Filing 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by MAIN LINE HEALTH SYSTEM, MAIN LINE HEALTHCARE, MAIN LINE HOSPITALS, INC. and JOSEPH C. LI, M.D. .Memorandum, Certificate of Service. (Attachments: #1 Text of Proposed Order Order for Motion to Dismiss, #2 Memorandum Memorandum of Law in Support of Motion to Dismiss, #3 Certificate of Service Certificate of Service of Motion to Dismiss, #4 Exhibit Exhibits A-C for Motion to Dismiss)(LITTMAN, BRETT) Modified on 6/30/2023 (lvj). |
| Filing 36 Minute Entry for proceedings held before HONORABLE JEFFREY L. SCHMEHLin Courtroom 5TH FLOOR READING Motion Hearing held on 6/28/23 re #13 MOTION to Remand to State Court filed by CHARLES ASHWORTH Court Reporter: ESR. (dt) |
| Filing 35 Copy of Order/Notice dated 6/2/23 (Document # 18) and envelope returned from the U.S. Postal Service addressed to Mitchell Drake for the following reason: Insufficient Address-Unable to forward. (order to be regenerated for counsel) (dt) |
| Filing 34 MOTION to Dismiss for Lack of Jurisdiction filed by AZIYO BIOLOGICS, INC., MEDTRONIC SOFAMOR DANEK USA, INC., SPINALGRAFT TECHNOLOGIES, LLC.Certificate of Service.(ABBOTT, MICHAEL) |
| Filing 33 MOTION to Dismiss Amended Complaint of Defendants filed by READING HOSPITAL.Motion to Dismiss Amended Complaint with Brief in Support of and Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Certificate of Service)(GLASSER, HARLAN) |
| Filing 32 MOTION to Dismiss Plaintiff's Claims for Punitive Damages filed by MITCHELL DRAKE, M.D., JESSICA RAE VIOLA, PA-C.Memorandum of Law and Certificate of Service.(TOMLINSON, ALBERT) |
| Filing 31 REPLY to Response to Motion re #13 MOTION to Remand to State Court filed by CHARLES ASHWORTH. (Attachments: #1 Exhibit Notice of Correcting Error in Docket, #2 Exhibit May 25, 2023 Correspondence, #3 Exhibit May 30, 2023 Correspondence)(HARDEN, KEVIN) |
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Filing 30
ORDER OF 6/20/23 THAT THE APPLICATION OF TRAVIS WHEELER, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b) IS GRANTED. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 6/20/23. 6/20/23 ENTERED AND COPIES E-MAILED. (DT)
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Filing 29
ORDER OF 6/20/23 THAT THE APPLICATION OF ALAN VICKERY, ESQUIRE TO PRACTICE IN THIS COURT PURSAUNT TO LRCP 83.5.2(b) IS GRANTED. ETC. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 6/20/23. 6/20/23 ENTERED AND COPIES E-MAILED. (DT)
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| Filing 28 RESPONSE in Opposition re #13 MOTION to Remand to State Court filed by AZIYO BIOLOGICS, INC., MEDTRONIC SOFAMOR DANEK USA, INC., SPINALGRAFT TECHNOLOGIES, LLC. (ABBOTT, MICHAEL) |
| Filing 27 AMENDED COMPLAINT against AZIYO BIOLOGICS, INC., DAVID LAMBORN, D.O., DCI DONOR SERVICES, INC., MITCHELL DRAKE, MITCHELL DRAKE, M.D., EUROFINS DONOR & PRODUCT TESTING, INC., JOSEPH C. LI, M.D., MAIN LINE HEALTH SYSTEM, MAIN LINE HEALTHCARE, MAIN LINE HOSPITALS, INC., MEDTRONIC SOFAMOR DANEK USA, INC., NEW MEXICO DONOR SERVICES, INC., READING HOSPITAL, CHAD ROARABAUGH, PA-C, ANKIT SHAH, M.D., ADAM SIGAL, M.D., SPINALGRAFT TECHNOLOGIES, LLC, TOWER HEALTH, TOWER HEALTH MEDICAL GROUP, JESSICA RAE VIOLA, JESSICA RAE VIOLA, PA-C, DANIEL WIMER, PA-C, filed by CHARLES ASHWORTH.(HARDEN, KEVIN) |
| Filing 26 NOTICE of Appearance by LAUREN ALEXA GREEN on behalf of DAVID LAMBORN, D.O., READING HOSPITAL, CHAD ROARABAUGH, PA-C, ANKIT SHAH, M.D., ADAM SIGAL, M.D., TOWER HEALTH, TOWER HEALTH MEDICAL GROUP, DANIEL WIMER, PA-C with Certificate of Service(GREEN, LAUREN) |
| Filing 25 MOTION for Pro Hac Vice of Travis Wheeler, Esquire ( Filing fee $ 75 receipt number APAEDC-16746643.) filed by AZIYO BIOLOGICS, INC., MEDTRONIC SOFAMOR DANEK USA, INC., SPINALGRAFT TECHNOLOGIES, LLC.Declaration and Certificate of Service.(ABBOTT, MICHAEL) |
| Filing 24 MOTION for Pro Hac Vice of Alan Vickery, Esquire ( Filing fee $ 75 receipt number APAEDC-16746578.) filed by AZIYO BIOLOGICS, INC., MEDTRONIC SOFAMOR DANEK USA, INC., SPINALGRAFT TECHNOLOGIES, LLC.Declaration and Certificate of Service.(ABBOTT, MICHAEL) |
| Filing 23 NOTICE by AZIYO BIOLOGICS, INC., MEDTRONIC SOFAMOR DANEK USA, INC., SPINALGRAFT TECHNOLOGIES, LLC re #1 Notice of Removal (Attorney),, Notice of Correcting Error in Docket Entry (Attachments: #1 Exhibit A-Eurofins Consent to Removal, #2 Exhibit B-DCIDS-NMDS Consesnt to Removal, #3 Exhibit C-Affidavit of J. Garrity, #4 Certificate of Service Certificate of Service)(ABBOTT, MICHAEL) |
| Filing 22 NOTICE of Appearance by ALBERT BRYAN TOMLINSON on behalf of MITCHELL DRAKE, M.D., JESSICA RAE VIOLA, PA-C with Jury Demand and Certificate of Service(TOMLINSON, ALBERT) |
| Filing 21 NOTICE of Appearance by AMALIA V. ROMANOWICZ on behalf of MITCHELL DRAKE, M.D., JESSICA RAE VIOLA, PA-C with Jury Demand and Certificate of Service(ROMANOWICZ, AMALIA) |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction (Preliminary Objections) filed by EUROFINS DONOR & PRODUCT TESTING, INC...(D'ANGELO, CHRISTOPHER) |
| Filing 19 Memorandum IN SUPPORT OF re #13 MOTION to Remand to State Court filed by CHARLES ASHWORTH. (HARDEN, KEVIN) |
| Document #18 Mailed to: Jessica Rae Viola and Mitchell Dranke. (DT) |
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Filing 18
ORDER OF 6/2/23 THAT ORAL ARGUMENT ON PLAINTIFF'S MOTION FOR REMAND IS SCHEDULED FOR JUNE 28, 2023 AT 3:00PM IN THE COURTROOM. ETC. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 6/2/23. 6/2/23 ENTERED AND COPIES E-MAILED. (DT) (COPIES NOT MAILED TO UNREP PARTIES)
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| Filing 17 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by NEW MEXICO DONOR SERVICES, INC.. (Attachments: #1 Certificate of Service CERTIFICATE OF SERVICE)(ENGELKRAUT, BRETT) |
| Filing 16 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by DCI DONOR SERVICES, INC.. (Attachments: #1 Certificate of Service CERTIFICATE OF SERVICE)(ENGELKRAUT, BRETT) |
| 5/23/23 Filing fee of $402 receipt number APAEDC-16709468 refunded as duplicate payment. (DT) |
| Filing 15 NOTICE of Appearance by BRETT JASON ENGELKRAUT on behalf of DCI DONOR SERVICES, INC., NEW MEXICO DONOR SERVICES, INC. with JURY DEMAND, CERTIFICATE OF SERVICE(ENGELKRAUT, BRETT) |
| Filing 14 NOTICE of Appearance by STUART TURVILLE O'NEAL, III on behalf of DCI DONOR SERVICES, INC., NEW MEXICO DONOR SERVICES, INC. with JURY DEMAND, CERTIFICATE OF SERVICE(O'NEAL, STUART) |
| Filing 13 MOTION to Remand to State Court filed by CHARLES ASHWORTH.Memorandum, Certificate of Service. (Attachments: #1 Text of Proposed Order PLAINTIFF'S PROPOSED ORDER - REMAND, #2 Memorandum PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO REMAND, #3 Exhibit EXHIBIT A - PLAINTIFF'S MOTION TO REMAND, #4 Exhibit EXHIBIT B - PLAINTIFF'S MOTION TO REMAND, #5 Exhibit EXHIBIT C - PLAINTIFF'S MOTION TO REMAND, #6 Certificate of Service CERTIFICATE OF SERVICE - PLAINTIFF'S MOTION TO REMAND)(HARDEN, KEVIN) |
| Filing 12 Original Record together with certified copy of docket entries received from Court of Common Pleas of PHILADELPHIA County. (Attachments: #1 PART 2, #2 PART 3, #3 PART 4, #4 PART 5)(JL) |
| Filing 11 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed by DAVID LAMBORN, D.O., READING HOSPITAL, CHAD ROARABAUGH, PA-C, ANKIT SHAH, M.D., ADAM SIGAL, M.D., TOWER HEALTH, TOWER HEALTH MEDICAL GROUP, DANIEL WIMER, PA-C.Brief Certificate of Service. (Attachments: #1 Brief Brief in Support of Motion to Dismiss, #2 Certificate of Service)(GLASSER, HARLAN) |
| Filing 10 NOTICE of Appearance by KYLE ANDREW JACOBSEN on behalf of CHARLES ASHWORTH (JACOBSEN, KYLE) |
| Filing 9 Disclosure Statement Form pursuant to FRCP 7.1 including Eurofins Clinical Testing US Holdings, Inc. with Certificate of Service by EUROFINS DONOR & PRODUCT TESTING, INC..(D'ANGELO, CHRISTOPHER) |
| Filing 8 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by AZIYO BIOLOGICS, INC..(ABBOTT, MICHAEL) |
| Filing 7 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by MEDTRONIC SOFAMOR DANEK USA, INC., SPINALGRAFT TECHNOLOGIES, LLC.(ABBOTT, MICHAEL) |
| Filing 6 MOTION to Dismiss for Lack of Jurisdiction filed by AZIYO BIOLOGICS, INC., MEDTRONIC SOFAMOR DANEK USA, INC., SPINALGRAFT TECHNOLOGIES, LLC.Certificate of Service. (Attachments: #1 Text of Proposed Order)(ABBOTT, MICHAEL) |
| Filing 5 ANSWER to Complaint AND AFFIRMATIVE DEFENSES by DCI DONOR SERVICES, INC., NEW MEXICO DONOR SERVICES, INC.. (Attachments: #1 Certificate of Service)(ENGELKRAUT, BRETT) |
| DOC 4 MAILED TO UNREPS (rf, ) |
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Filing 4
STIPULATION AND ORDER OF 5/26/23 THAT DEFENDANTS MAIN LINE HOSPITALS, INC., MAIN LINE HEALTHCARE, MAIN LINE HEALTH SYSTEM AND JOSEPH LI M.D. SHALL HAVE UNTIL JUNE 30, 2023 IN WHICH TO ANSWER, MOVE, OR OTHERWISE PLEAD IN RESPONSE TO PLAINTIFF'S COMPLAINT. ETC. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 5/26/23. 5/26/23 ENTERED AND COPIES E-MAILED. (DT) (COPIES NOT MAILED TO UNREP PARTIES)
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| Filing 3 NOTICE of Appearance by CHILTON G. GOEBEL, III on behalf of DAVID LAMBORN, D.O., READING HOSPITAL, CHAD ROARABAUGH, PA-C, ANKIT SHAH, M.D., ADAM SIGAL, M.D., TOWER HEALTH, TOWER HEALTH MEDICAL GROUP, DANIEL WIMER, PA-C with Jury Demand and Certificate of Service(GOEBEL, CHILTON) |
| Filing 2 NOTICE of Appearance by KEVIN HARDEN, JR on behalf of CHARLES ASHWORTH (HARDEN, KEVIN) |
| Filing 1 NOTICE OF REMOVAL by MEDTRONIC SOFAMOR DANEK USA, INC., SPINALGRAFT TECHNOLOGIES, LLC, AZIYO BIOLOGICS, INC. (Filing fee $ 402 receipt number APAEDC-16709475), filed by MEDTRONIC SOFAMOR DANEK USA, INC., SPINALGRAFT TECHNOLOGIES, LLC, AZIYO BIOLOGICS, INC.. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Case Management Track Form, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Certificate of Service)(ABBOTT, MICHAEL) (Attachment 1 replaced on 5/24/2023) (sbt). |
| Filing Fee for CIVIL CASE, COMPLAINT or NOTICE OF REMOVAL by AZIYO BIOLOGICS, INC., MEDTRONIC SOFAMOR DANEK USA, INC., SPINALGRAFT TECHNOLOGIES, LLC. (Filing Fee $402, receipt number APAEDC-16709468). (ABBOTT, MICHAEL) |
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