Napier v. LivaNova Deutschland GmbH, et al.
| Patricia Napier |
| Livanova Deutschland GMBH, Sorin Group Deutschland GMBH, LivaNova USA, Inc., Livanova Holding USA, Inc., Trihealth, Inc. and Bethesda Hospital, Inc. |
| 1:2022cv00901 |
| June 8, 2022 |
| US District Court for the Middle District of Pennsylvania |
| Christopher C Conner |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on June 30, 2022. A more recent docket listing may be available from PACER.
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| DOCKET ANNOTATION: Certified copies of docket sheet, Memo and Order mailed to the Hamilton Court of Common Pleas at county court, at Hamilton County Courthouse,1000 Main St UNIT 315, Cincinnati, OH 45202. MDL panel notified of case closing. (pjr) |
Filing 27
ORDER - it is hereby ORDERED that plaintiffs motion (Doc. 21) to remand is GRANTED. Individual docket No. 1:22-CV-901 is REMANDED to the Court of Common Pleas of Hamilton County, Ohio. The Clerk of Court shall CLOSE individual docket No. 1:22-CV-901. Signed by Honorable Christopher C. Conner on 6/21/2022 (mw)
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| Filing 26 MEMORANDUM (Order to follow as separate docket entry). Signed by Honorable Christopher C. Conner on 6/21/2022. (mw) |
| Filing 25 NOTICE of Appearance by Adam M. Shienvold on behalf of LivaNova USA, Inc., Livanova Deutschland GMBH, Livanova Holding USA, Inc. (Shienvold, Adam) |
| Filing 24 MOTION to Stay filed by LivaNova USA, Inc. and Livanova Holding USA, Inc. (Attachments: #1 Memorandum of Law, #2 Proposed Order)(mw) |
| Filing 23 REPLY BRIEF re #21 MOTION to Remand to State Court filed by Patricia Napier.(mw) |
| Filing 22 BRIEF IN OPPOSITION re #21 MOTION to Remand to State Court filed by LivaNova USA, Inc., Livanova Holding USA, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(mw) |
| Filing 21 MOTION to Remand to State Court filed by Patricia Napier. (Attachments: #1 Proposed Order)(mw) |
| Filing 20 BRIEF IN OPPOSITION re #18 MOTION to Dismiss filed by Patricia Napier.(mw) |
| Filing 19 NOTICE of SUPPLEMENTAL AUTHORITY in Support re #18 MOTION TO DISMISS, filed by Bethesda Hospital, Inc., Trihealth, Inc. (Attachments: #1 Exhibit)(mw) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bethesda Hospital, Inc. and Trihealth, Inc.(mw) |
| Filing 17 Case transferred electronically in from District of Ohio Southern; Case Number 1:21-cv-00739 containing electronic documents. |
| Filing 16 TRANSFER ORDER (MDL 2816): Certified notification from the MDL Panel of this action being transferred to the Middle District of Pennsylvania. Signed by the Panel on Multidistrict Litigation on 4/5/2022; certified by the PAMD Clerk on 6/7/2022. (er) [Transferred from Ohio Southern on 6/8/2022.] |
| Case transferred to District of Pennsylvania Middle. Case file and docket sheet sent Electronically. (er) [Transferred from Ohio Southern on 6/8/2022.] |
| Filing 15 TRANSFER ORDER (MDL 2816): Notification from the MDL Panel of this action to be transferred to the Middle District of Pennsylvania. Signed by the Panel on Multidistrict Litigation on 4/5/2022. (er) [Transferred from Ohio Southern on 6/8/2022.] |
| Filing 14 MOTION Motion to Stay by Defendants LivaNova Holding USA, Inc., LivaNova USA, Inc.. (Attachments: #1 Exhibit LivaNova Holding USA, Inc.'s Memorandum of Law in Support of Its Motion to Stay, #2 Text of Proposed Order Proposed Order Granting Defendant LivaNova Holding USA, Inc.'s Motion to Stay) (McCann, Erin) [Transferred from Ohio Southern on 6/8/2022.] |
| Filing 13 REPLY to Response to Motion re #10 MOTION to Remand to State Court filed by Plaintiff Patricia Napier. (Schneider, Louis) [Transferred from Ohio Southern on 6/8/2022.] |
| Filing 12 RESPONSE in Opposition re #10 MOTION to Remand to State Court filed by Defendants LivaNova Holding USA, Inc., LivaNova USA, Inc.. (Attachments: #1 Exhibit A - Complaint with Jury Demand, #2 Exhibit B - Declaration of Erin L. McCann in Support of LivaNova USA, Inc.'s Brief in Opposition to Plaintiff's Motion to Remand, #3 Exhibit C - Motion to Dismiss Plaintiff's Complaint, #4 Exhibit D - P's Memorandum in Opposition to Motion to Dismiss, #5 Exhibit E - Court Decision Granting Ds' Motion to Dismiss Purs. to Civ. R. 12(B)(6)) (McCann, Erin) [Transferred from Ohio Southern on 6/8/2022.] |
| Filing 11 RESPONSE in Opposition re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Patricia Napier. (Schneider, Louis) [Transferred from Ohio Southern on 6/8/2022.] |
| Filing 10 MOTION to Remand to State Court by Plaintiff Patricia Napier. (Attachments: #1 Text of Proposed Order) (Schneider, Louis) [Transferred from Ohio Southern on 6/8/2022.] |
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NOTATION ORDER: Upon consideration, the Court GRANTS #8 Plaintiff's Motion for Extension of Time to Respond to Defendants' #5 Motion to Dismiss. Plaintiffs response in opposition to the motion to dismiss shall be due on or by 12/31/2021. Signed by Judge Matthew W. McFarland on 12/27/2021. (kaf) [Transferred from Ohio Southern on 6/8/2022.]
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| Filing 9 NOTICE of filing proposed order re Doc. #8 by Plaintiff Patricia Napier . (Schneider, Louis) Modified docket text on 12/21/2021 (kl). [Transferred from Ohio Southern on 6/8/2022.] |
| Filing 8 MOTION for Extension of Time to File Response/Reply as to #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 12/31/2021. by Plaintiff Patricia Napier. (Schneider, Louis) [Transferred from Ohio Southern on 6/8/2022.] |
| Filing 7 NOTICE of SUPPLEMENTAL AUTHORITY in Support re #5 MOTION TO DISMISS, by Defendant Trihealth, Inc. (Attachments: #1 Exhibit) (Goldwasser, Brian) [Transferred from Ohio Southern on 6/8/2022.] |
| Filing 6 NOTICE by Defendants LivaNova Holding USA, Inc., LivaNova USA, Inc. re #1 Notice of Removal, Civil Cover Sheet and Supplemental Civil Cover Sheet (McCann, Erin) [Transferred from Ohio Southern on 6/8/2022.] |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Bethesda Hospital, Inc., Trihealth, Inc. in The Hamilton County Court of Common Pleas Case A2103467. (bjc) [Transferred from Ohio Southern on 6/8/2022.] |
| Filing 4 Corporate Disclosure Statement by Defendants LivaNova Holding USA, Inc., LivaNova USA, Inc., Livanova PLC, Livanova PLC identifying Corporate Parent Livanova PLC for LivaNova Holding USA, Inc., LivaNova USA, Inc... (McCann, Erin) [Transferred from Ohio Southern on 6/8/2022.] |
| Filing 3 COMPLAINT with JURY DEMAND against Bethesda Hospital, Inc., LivaNova Deutschland GmbH, et al., LivaNova Holding USA, Inc., LivaNova USA, Inc., Trihealth, Inc., originally filed on 10/04/2021 in Hamilton County Court of Common Pleas (Case No. A 2103467) by Patricia Napier. (kh) [Transferred from Ohio Southern on 6/8/2022.] |
| Filing 2 ANSWER to #3 Complaint with Jury Demand of LivaNova USA, Inc. filed by LivaNova USA, Inc. (McCann, Erin) Modified docket text on 11/24/2021 (kh). Modified to Add Document Link on 11/29/2021 (bjc). [Transferred from Ohio Southern on 6/8/2022.] |
| Filing 1 NOTICE OF REMOVAL from Court of Common Pleas, Hamilton County, Ohio, case number A2103467 ( Filing fee $ 402 paid - receipt number: AOHSDC-8609477), filed by LivaNova Deutschland GmbH, et al.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (McCann, Erin) [Transferred from Ohio Southern on 6/8/2022.] |
| If this case is referred, it will be Magistrate Judge Karen L. Litkovitz. (kh) [Transferred from Ohio Southern on 6/8/2022.] |
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