Cherkala et al v. LivaNova Deutschland GmbH et al
| Brian Cherkala and Yvonne Cherkala |
| Livanova Deutschland GMBH, LivaNova Holding USA, Inc., Sorin Group Deutschland GMBH, LivaNova USA, Inc., Sorin Group USA Inc. and Cleveland Clinic Foundation |
| 1:2021cv01627 |
| September 21, 2021 |
| US District Court for the Middle District of Pennsylvania |
| Christopher C Conner |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 27, 2022. A more recent docket listing may be available from PACER.
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| Filing 29 BRIEF IN OPPOSITION re #21 MOTION to Dismiss Plaintiffs' Complaint filed by Brian Cherkala, Yvonne Cherkala.(Lansdowne, Dennis) |
| Filing 28 REPLY BRIEF re #12 MOTION for Joinder and Suggestion of Remand to the Northern District of Ohio filed by Brian Cherkala, Yvonne Cherkala.(Lansdowne, Dennis) |
Filing 27
ORDER granting #26 Motion for Extension of Time to File. Plaintiffs shall have until November 17, 2021 to file a reply to the Motion for Joinder and Suggestion for Remand and to file a response to the Motion to Dismiss. Signed by Honorable Christopher C. Conner on 11/12/2021 (mw)
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| Filing 26 Second MOTION for Extension of Time to File Response in Support of Motion for Joinder and Suggestion of Remand and To File Brief in Opposition to Defendants' Motion to Dismiss by Brian Cherkala, Yvonne Cherkala. (Attachments: #1 Proposed Order)(Lansdowne, Dennis) |
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Filing 25
ORDER granting #24 Motion for Extension of Time to File. Plaintiffs shall have until November 12, 2021 to file a reply to the Motion for Joinder and Suggestion for Remand and to file a response to the Motion to Dismiss. Signed by Honorable Christopher C. Conner on 10/29/2021 (mw)
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| Filing 24 MOTION for Extension of Time to File Response in Support of Motion for Joinder and Suggestion of Remand and To File Brief in Opposition to Defendants' Motion to Dismiss by Brian Cherkala, Yvonne Cherkala. (Attachments: #1 Proposed Order)(Lansdowne, Dennis) |
| Filing 23 Proposed Order by LivaNova Holding USA, Inc., LivaNova USA, Inc., Livanova Deutschland GMBH. #21 MOTION to Dismiss Plaintiffs' Complaint . (Shienvold, Adam) |
| DOCKET ANNOTATION: Counsel is advised to file a proposed order AND certificate of concurrence/non-concurrence to Motion #19 using the following event: Civil - Other Filings - Other Documents-Includes Social Security Transcript and Brief Events -- Document Filed. (ibr) |
| DOCKET ANNOTATION: Counsel is advised to file a proposed order to Motion #21 using the following event: Civil - Other Filings - Other Documents-Includes Social Security Transcript and Brief Events -- Document Filed. (ibr) |
| Filing 22 BRIEF IN SUPPORT re #21 MOTION to Dismiss Plaintiffs' Complaint filed by LivaNova Holding USA, Inc., LivaNova USA, Inc., Livanova Deutschland GMBH. (Attachments: #1 Exhibit A)(Shienvold, Adam) |
| Filing 21 MOTION to Dismiss Plaintiffs' Complaint by LivaNova Holding USA, Inc., LivaNova USA, Inc., Livanova Deutschland GMBH.(Shienvold, Adam) |
| Filing 20 BRIEF IN OPPOSITION re #12 MOTION for Joinder and Suggestion of Remand to the Northern District of Ohio filed by LivaNova Holding USA, Inc., LivaNova USA, Inc., Livanova Deutschland GMBH. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Shienvold, Adam) |
| Filing 19 BRIEF IN OPPOSITION re #12 Plaintiff's Motion for Joinder and Suggestion of Remand to the Northern District of Ohio by Cleveland Clinic Foundation.(Taber, Edward) |
| Filing 18 NOTICE of Appearance by Mark Joseph Winebrenner on behalf of LivaNova Holding USA, Inc., LivaNova USA, Inc., Livanova Deutschland GMBH (Winebrenner, Mark) |
| Filing 17 NOTICE of Appearance by Jared B. Briant on behalf of LivaNova Holding USA, Inc., LivaNova USA, Inc., Livanova Deutschland GMBH (Briant, Jared) |
| Filing 16 VERBAL ORDER It is ORDERED that the concurred-in motion #15 for extension of time to respond to the motion for joinder and suggestion of remand is GRANTED and defendant shall have until October 22, 2021, to respond to said motion. Signed by Honorable Christopher C. Conner on 10/12/2021. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) (mw) |
| Filing 15 Consent MOTION for Extension of Time to Respond to the Motion for Joinder and Suggestion of Remand of Plaintiffs Brian and Yvonne Cherkala by LivaNova Holding USA, Inc., LivaNova USA, Inc., Livanova Deutschland GMBH. (Attachments: #1 Proposed Order Order)(Shienvold, Adam) |
| Filing 14 NOTICE of Appearance by Adam M. Shienvold on behalf of LivaNova Holding USA, Inc., LivaNova USA, Inc., Livanova Deutschland GMBH (Shienvold, Adam) |
| Filing 13 Certification of Non-Concurrence by Brian Cherkala, Yvonne Cherkala. #12 MOTION for Joinder and Suggestion of Remand to the Northern District of Ohio . (Attachments: #1 Proposed Order)(Lansdowne, Dennis) |
| Filing 12 MOTION for Joinder and Suggestion of Remand to the Northern District of Ohio by Brian Cherkala, Yvonne Cherkala. (Attachments: #1 Exhibit(s) Amended Complaint with Rule 10 Motion, #2 Exhibit(s) Defense Fact Sheet)(Lansdowne, Dennis) |
| DOCKET ANNOTATION: Counsel is advised to file a proposed order AND certificate of concurrence/non-concurrence to Motion #12 using the following event: Civil - Other Filings - Other Documents-Includes Social Security Transcript and Brief Events -- Document Filed. (ibr) |
| Filing 11 Case transferred electronically in from District of Ohio Northern; Case Number 1:21-cv-01666 containing electronic documents. |
| Filing 10 Conditional Transfer Order (CTO 36) by the Judicial Panel on Multidistrict Litigation. In re: MDL 2816 Sorin 3T Heater-Cooler System Products Liability Litigation (No. II). Case transferred to the Middle District of Pennsylvania and assigned to the Honorable Christopher C. Conner. (P,R) [Transferred from Ohio Northern on 9/21/2021.] |
| Filing 9 Joinder Motion to stay in Defendant LivaNova's Motion to Stay filed by Defendant Cleveland Clinic Foundation. Related document(s) #8 . (Taber, Edward) [Transferred from Ohio Northern on 9/21/2021.] |
| Filing 8 Motion to stay filed by LivaNova Holding USA, Inc., LivaNova USA, Inc.. (Attachments: #1 Memorandum of Law in Support, #2 Exhibit A - Complaint II, #3 Exhibit B - Complaint I, #4 Exhibit C - CTO I, #5 Exhibit D - CTO II)(Pest, Michael) [Transferred from Ohio Northern on 9/21/2021.] |
| Filing 7 Copy of original state court documents received from Cuyahoga County Court of Common Pleas, case number CV-21-952213. Related document(s) #1 . (Attachments: #1 Envelope) (R,AP) [Transferred from Ohio Northern on 9/21/2021.] |
| Filing 6 Motion for attorney Michael P. Lewis to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11012662, filed by Brian Cherkala, Yvonne Cherkala. (Attachments: #1 Affidavit & Certificate of Good Standing)(Lansdowne, Dennis) Modified text on 9/2/2021 (M,TL). [Transferred from Ohio Northern on 9/21/2021.] |
| Filing 5 Notice of Filing Pending Motions from State Court Action filed by All Plaintiffs. Related document(s) #4 .(Lansdowne, Dennis) [Transferred from Ohio Northern on 9/21/2021.] |
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Order [non-document]granting Plaintiffs' Motion for appearance pro hac vice by attorney Michael P. Lewis for Brian Cherkala and Yvonne Cherkala. 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. (Related Doc #6 .) Judge Pamela A. Barker on 9/1/2021.(P,K) [Transferred from Ohio Northern on 9/21/2021.]
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Filing 4
Order: This matter was removed to this Court on August 26, 2021. For the convenience of the Court, and by no later than September 10, 2021, the parties are directed to refile herein any motions that were previously filed in state court and which remained pending at the time of removal. Judge Pamela A. Barker on 8/30/2021. (P,K) [Transferred from Ohio Northern on 9/21/2021.]
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| Filing 3 Magistrate Consent Form issued. (L,Ja) [Transferred from Ohio Northern on 9/21/2021.] |
| 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,Ja) [Transferred from Ohio Northern on 9/21/2021.] |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent LivaNova PLC for LivaNova Holding USA, Inc., LivaNova USA, Inc. filed by LivaNova Holding USA, Inc., LivaNova USA, Inc.. (Pest, Michael) [Transferred from Ohio Northern on 9/21/2021.] |
| Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number cv 21 952213 with jury demand, Filing fee paid $ 402.00 receipt number AOHNDC-11004541. Filer has indicated that case may be related to pending civil action 1:20-cv-01938. Filed by LivaNova Holding USA, Inc., LivaNova USA, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Complaint, #3 Exhibit B - State Court Docket and Motion Filed With Complaint, #4 Exhibit C - Consent to Removal) (Pest, Michael) [Transferred from Ohio Northern on 9/21/2021.] |
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