Sterling et al v. LivaNova Holding USA, Inc.
| Thomas Sterling and Susan Lazar |
| LivaNova Holding USA, Inc. and Livanova Deutschland GMBH |
| 1:2021cv00606 |
| April 5, 2021 |
| US District Court for the Middle District of Pennsylvania |
| John E Jones |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Filing 32 NOTICE of Appearance by Jaime D. Jackson on behalf of All Plaintiffs (Jackson, Jaime) |
| Filing 31 NOTICE of Appearance by Robin Jabour on behalf of All Plaintiffs (Jabour, Robin) |
| Filing 30 Case transferred electronically in from District of Texas Southern; Case Number 4:20-cv-04071 containing electronic documents. |
| Filing 29 JPML TRANSFER ORDER transferring case to Middle District of Pennsylvania to be included in MDL Docket No. 2816. (lgouadi, 4) [Transferred from Texas Southern on 4/5/2021.] |
| Interdistrict transfer to Middle District of Pennsylvania. Case transferred electronically. (lgouadi, 4) [Transferred from Texas Southern on 4/5/2021.] |
| Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 2/22/2021. For the reasons stated on the record, #22 Motion to Stay is GRANTED in part. The case is hereby stayed pending further action by this Court or transfer to the MDL. A Status Conference is set by telephone for 4/8/2021 at 2 PM. Parties may appear by calling in to 713-250-5238. The Conference ID is 45238 and the Password is 13579. Appearances: Kyle Wayne Farrar, Alan R Vickery, Mark Joseph Winebrenner.(Court Reporter: J. Sanchez)(Law clerk: A. Mody), filed.(arrivera, 4) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 28 NOTICE of Setting as to #22 Opposed MOTION to Stay , #5 Opposed MOTION to Remand. Parties notified. Motion Hearing reset for 2/22/2021 at 03:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 27 First RESPONSE to #22 Opposed MOTION to Stay filed by Susan Lazar, Thomas Sterling. (Farrar, Kyle) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 26 NOTICE of Setting as to #22 Opposed MOTION to Stay , #5 Opposed MOTION to Remand. Parties notified. Motion Hearing reset for 2/16/2021 at 03:30 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 25 NOTICE of Setting as to #22 Opposed MOTION to Stay , #5 Opposed MOTION to Remand. Parties notified. Motion Hearing set for 2/11/2021 at 03:30 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) [Transferred from Texas Southern on 4/5/2021.] |
Filing 24
ORDER Granting #20 Motion for Mark Joseph Winebrenner to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(jguajardo, 4) [Transferred from Texas Southern on 4/5/2021.]
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Filing 23
SCHEDULING ORDER. Trial Term: 20 Days. Jury. Amended Pleadings due by 3/1/2021. Joinder of Parties due by 3/1/2021 Pltf Expert Witness List due by 10/1/2021. Deft Expert Witness List due by 11/1/2021. Discovery due by 12/1/2021. Dispositive Motion Filing due by 12/13/2021. Non-Dispositive Motion Filing due by 12/13/2021. Joint Pretrial Order due by 3/7/2022. Jury Trial set for 3/14/2022 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(ShoshanaArnow, 4) [Transferred from Texas Southern on 4/5/2021.]
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| Filing 22 Opposed MOTION to Stay by LivaNova Holding USA, Inc., filed. Motion Docket Date 2/26/2021. (Attachments: #1 Continuation Memorandum ISO Motion to Stay, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Vickery, Alan) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 21 Notice Regarding Initial Conference(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 20 MOTION for Mark Joseph Winebrenner to Appear Pro Hac Vice by LivaNova Holding USA, Inc., filed. Motion Docket Date 2/23/2021. (Vickery, Alan) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 19 JOINT DISCOVERY/CASE MANAGEMENT PLAN by LivaNova Holding USA, Inc., filed.(Vickery, Alan) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 18 CERTIFICATE OF INTERESTED PARTIES by LivaNova Holding USA, Inc., filed.(Vickery, Alan) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 17 NOTICE of Filing of Opposition by LivaNova Holding USA, Inc., filed. (Vickery, Alan) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 16 WAIVER OF SERVICE Returned Executed as to LivaNova Deutschland, GmbH served on 12/31/2020, answer due 3/1/2021; LivaNova Deutschland, GmbH (f/k/a Sorin Group Deutschland, GmbH) served on 12/31/2020, answer due 3/1/2021, filed.(Farrar, Kyle) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 15 ANSWER to #9 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by LivaNova Holding USA, Inc., filed.(Vickery, Alan) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 14 PROPOSED ORDER re: #13 Response in Opposition to Motion,, filed.(Vickery, Alan) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 13 RESPONSE in Opposition to #5 Opposed MOTION to Remand, filed by LivaNova Holding USA, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Vickery, Alan) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 12 Summons Issued as to LivaNova Deutschland, GmbH. Issued summons delivered to plaintiff by NEF, filed.(ChristopherSarrat, 4) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 11 NOTICE of Filing Opposition to Conditional Transfer Order (CTO-33) with Judicial Panel on Multidistrict Litigation by Thomas Sterling, filed. (Attachments: #1 Exhibit A)(Farrar, Kyle) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 10 Request for Issuance of Summons as to LivaNova Deutschland, GmbH (f/k/a Sorin Group Deutschland, GmbH), filed.(Farrar, Kyle) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 7 First CERTIFICATE OF INTERESTED PARTIES by Susan Lazar, Thomas Sterling, filed.(Farrar, Kyle) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 9 Plaintiff's FirstAMENDED COMPLAINT filed by Thomas Sterling, Susan Lazar. Related document: #1 Notice of Removal, filed by LivaNova Holding USA, Inc..(jguajardo, 4) [Transferred from Texas Southern on 4/5/2021.] |
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Filing 8
ORDER Granting #6 Motion for Leave to Amend The Complaint..(Signed by Judge Keith P Ellison) Parties notified.(jguajardo, 4) [Transferred from Texas Southern on 4/5/2021.]
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| Filing 6 First MOTION to Amend by Susan Lazar, Thomas Sterling, filed. Motion Docket Date 12/31/2020. (Attachments: #1 Exhibit Exhibit A)(Farrar, Kyle) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 5 Opposed MOTION to Remand by Susan Lazar, Thomas Sterling, filed. Motion Docket Date 12/28/2020. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Proposed Order Proposed Order on Plaintiff's Motion to Remand)(Farrar, Kyle) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 4 NOTICE of Certificate of Service in Removed Action by LivaNova Holding USA, Inc., filed. (Vickery, Alan) [Transferred from Texas Southern on 4/5/2021.] |
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Filing 3
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/12/2021 at 03:30 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(MelissaMorganadi, 4) [Transferred from Texas Southern on 4/5/2021.]
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| Filing 2 CORPORATE DISCLOSURE STATEMENT by LivaNova Holding USA, Inc. (f/k/a Sorin Group USA, Inc.) identifying LivaNova PLC as Corporate Parent, filed.(Vickery, Alan) [Transferred from Texas Southern on 4/5/2021.] |
| Filing 1 NOTICE OF REMOVAL from 61st Judicial District Court, Harris County, case number 202076252 (Filing fee $ 402 receipt number 0541-25585379) filed by LivaNova Holding USA, Inc. (f/k/a Sorin Group USA, Inc.). (Attachments: #1 Exhibit A, #2 Civil Cover Sheet B-1, #3 Exhibit B-2, #4 Exhibit C, #5 Exhibit D, #6 Supplement)(Vickery, Alan) [Transferred from Texas Southern on 4/5/2021.] |
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