Yerkey et al v. Sorin Group USA, Inc. et al
Plaintiff: Charles Yerkey and Melody Yerkey
Defendant: Sorin Group Deutschland GMBH, Sorin Group USA Inc., Sorin CRM USA, Inc. and Cleveland Clinic Foundation doing business as Cleveland Clinic
Case Number: 1:2022cv00941
Filed: June 14, 2022
Court: US District Court for the Middle District of Pennsylvania
Presiding Judge: Christopher C Conner
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 12, 2022 Opinion or Order Filing 17 ORDER - it is hereby ORDERED that the parties stipulation (Doc. 16-1) is APPROVED. Individual docket No. 1:22-CV-941 is REMANDED to the Court of Common Pleas of Cuyahoga County, Ohio. The Clerk of Court shall CLOSE individual docket No. 1:22-CV-941. Signed by Honorable Christopher C. Conner on 7/12/2022. (mw)
July 12, 2022 DOCKET ANNOTATION: Certified copies of docket sheet and Order sent to MDL Panel. Panel notified of matter being closed and transferred to the Cuyahoga Court of Common Pleas, 1200 Ontario St., Cleveland, OH 44113. (pjr)
July 8, 2022 Filing 16 RESPONSE/STIPULATION AND REQUEST FOR ORDER OF REMAND by Sorin CRM USA, Inc., Sorin Group Deutschland GMBH, Sorin Group USA Inc. to #15 Order, . (Attachments: #1 Exhibit A)(Shienvold, Adam) Modified on 7/12/2022 (jw).
July 5, 2022 Opinion or Order Filing 15 ORDER - it is hereby ORDERED that LivaNova shall show cause no later than July 12, 2022, why the court should not apply Cherkala and remand the above-captioned matter to the Court of Common Pleas of Cuyahoga County, Ohio. Signed by Honorable Christopher C. Conner on 7/5/2022. (mw)
June 29, 2022 Filing 14 MINUTE ORDER -- TO THE TRANSFEREE AND TRANSFEROR COURTS IN THE ASSOCIATED CASE(S): A Conditional Transfer Order was filed on 06/06/22. Prior to the expiration of that order's 7-day stay, opposition to the Conditional Transfer Order was filed and, pursuant to Rule 7.1(c) of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, the Conditional Transfer Order was stayed until further order of the Panel. The opposition has now been withdrawn and the stay has been lifted. This Order Lifting Stay of the Conditional Transfer Order CTO-41 is directed to you for filing. 28 U.S.C. 1407 requires that the transferee clerk transmit a certified copy of the transfer order to the clerk of the district from which the action is being transferred.Signed by Clerk of the Panel John W. Nichols on 6/29/2022. Signed by John Nichols on 06/29/22. (pjr)
June 29, 2022 Opinion or Order Filing 13 ORDER -STAY LIFTED Signed by John Nichols on 06/29/22. (pjr)
June 23, 2022 Filing 12 MDL ORDER from United States Judicial Panel on Multidistrict Litigation -STAY REINSTATED for CTO-41 filed June 6, 2022. Signed by Clerk of the Panel John Nichols on 06/15/22. (pjr) Modified on 6/23/2022 (jw).
June 23, 2022 VERBAL ORDER TERMINATING CASE pursuant to the reinstatement of CTO-41 with the Judicial Panel on Multidistrict Ligitation. (jw)
June 15, 2022 Filing 11 NOTICE of Appearance by Adam M. Shienvold on behalf of Sorin CRM USA, Inc., Sorin Group Deutschland GMBH, Sorin Group USA Inc. (Shienvold, Adam)
June 14, 2022 Filing 10 Case transferred electronically in from District of Ohio Northern; Case Number 1:22-cv-00847 containing electronic documents.
June 14, 2022 Filing 9 Conditional Transfer Order (CTO 41) 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 6/14/2022.]
June 13, 2022 Filing 8 Attorney Appearance by Emily R. Grace filed by on behalf of Cleveland Clinic Foundation. (Grace, Emily) [Transferred from Ohio Northern on 6/14/2022.]
June 13, 2022 Filing 7 Plaintiffs' Notice of Opposition to the Conditional Transfer Order to the Middle District of Pennsylvania filed by All Plaintiffs. (Attachments: #1 Exhibit Conditional Transfer Order)(Hawal, William) [Transferred from Ohio Northern on 6/14/2022.]
June 3, 2022 Filing 6 Motion to remand to State Court of Common Pleas of Cuyahoga County Pursuant to 28 U.S.C. Section 1447(c) filed by Charles Yerkey, Melody Yerkey. (Attachments: #1 Exhibit Complaint, #2 Exhibit Tolling Agreement, #3 Affidavit of Charles Yerkey) (Hawal, William) [Transferred from Ohio Northern on 6/14/2022.]
May 26, 2022 Filing 5 Case Management Conference Scheduling Order with case management conference to be held on 7/25/2022 at 10:00 AM by telephone before Judge David A. Ruiz. Conferencing instructions to be emailed to counsel. Lead counsel and parties must participate unless excused by the Court upon written motion. IMPORTANT: The parties are advised to carefully read this Order. Judge David A. Ruiz on 5/26/2022. (Attachments: #1 Report of the Parties Planning Meeting) (G,CA) [Transferred from Ohio Northern on 6/14/2022.]
May 23, 2022 Filing 4 Corporate Disclosure Statement identifying Corporate Parent LivaNova PLC for Sorin Group USA, Inc. filed by Sorin Group USA, Inc.. (McCann, Erin) [Transferred from Ohio Northern on 6/14/2022.]
May 23, 2022 Filing 3 Magistrate Consent Form issued. (L,MI) [Transferred from Ohio Northern on 6/14/2022.]
May 23, 2022 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,MI) [Transferred from Ohio Northern on 6/14/2022.]
May 23, 2022 Notice by Clerk that Sorin Group USA, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (L,MI) [Transferred from Ohio Northern on 6/14/2022.]
May 21, 2022 Filing 2 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by LivaNova USA, Inc., Sorin Group USA, Inc. (McCann, Erin) [Transferred from Ohio Northern on 6/14/2022.]
May 20, 2022 Filing 1 Notice of Removal from Court of Common Pleas Cuyahoga County, Ohio, case number CV 22 963729 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-11432664. Filed by Sorin Group USA, Inc. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Docket Sheet, #3 Exhibit C - Order re: Motion to Dismiss (Napier v. LivaNova), #4 Exhibit D - Tolling Agreement, #5 Civil Cover Sheet). (McCann, Erin) [Transferred from Ohio Northern on 6/14/2022.]

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Plaintiff: Charles Yerkey
Represented By: Dennis R. Lansdowne
Represented By: William Hawal
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Plaintiff: Melody Yerkey
Represented By: Dennis R. Lansdowne
Represented By: William Hawal
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Defendant: Sorin Group Deutschland GMBH
Represented By: Adam M. Shienvold
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Defendant: Sorin Group USA Inc.
Represented By: Erin L McCann
Represented By: Adam M. Shienvold
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Defendant: Sorin CRM USA, Inc.
Represented By: Adam M. Shienvold
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Defendant: Cleveland Clinic Foundation doing business as Cleveland Clinic
Represented By: Edward Erin Taber
Represented By: Emily R. Grace
Represented By: Emily Grace
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