Carter v. Phillips North America LLC et al
| Russell D Carter, Jr |
| PHILLIPS NORTH AMERICA LLC, PHILLIPS RS NORTH AMERICA LLC and Koninklijke Phillips N V |
| 2:2022cv00383 |
| March 3, 2022 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Joy Flowers Conti |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 27, 2022. A more recent docket listing may be available from PACER.
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Filing 31
ORDER: The status conferences scheduled for various dates at 4:00 p.m., pursuant to PRETRIAL ORDER #12, are hereby rescheduled to 3:00 p.m. on the same dates as set forth in Pretrial Order #12. Signed by Judge Joy Flowers Conti on 4/27/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
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Filing 30
ORDER granting Motion of Attorney Ruth Anne French-Hodson to Withdraw from Plaintiffs' Steering Committee. Signed by Judge Joy Flowers Conti on 4/20/2022. (sms)
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Filing 29
AMENDED STIPULATED PROTECTIVE ORDER. Signed by Judge Joy Flowers Conti on 4/1/2022. (sms)
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Filing 28
PRETRIAL ORDER #13 RE: COMMON BENEFIT ORDER REGARDING PROTOCOLS FOR PLAINTIFFS' COUNSEL TIME AND EXPENSE SUBMISSIONS; Amended MOTION of Co-Lead Counsel and Plaintiffs' Time and Expense Sub-Committee for Entry of a Common Benefit Order Regarding Protocols for Plaintiffs' Counsel Time and Expense Submissions granted by instant order. Signed by Judge Joy Flowers Conti on 3/24/2022. (sms)
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Filing 27
PRETRIAL ORDER #12 SCHEDULING MONTHLY STATUS CONFERENCES as set forth more fully in the order; The schedule of status conferences is subject to change at the discretion of the court, and any changes will be made on the court's docket at 21-mc-1230; Subject to any limitations imposed by reason of future COVID-19 restrictions, all scheduled status conferences shall be held in person at the Joseph F. Weis, Jr. United States Courthouse, 700 Grant Street, Pittsburgh, PA; Co-lead plaintiffs' counsel and counsel for defendants shall meet and confer, and, at least two business days prior to each status conference, file with the court an agreed-upon proposed agenda for the status conference; If the agreed-upon proposed agenda for a status conference does not include substantive, complex, or disputed matters, two business days prior to the status conference, the parties may file a joint motion to request the status conference be conducted via telephone or videoconference. Signed by Judge Joy Flowers Conti on 3/24/2022. (sms)
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Filing 26
PRETRIAL ORDER #11 RE: TRANSCRIPTS OF ALL PROCEEDINGS. Signed by Judge Joy Flowers Conti on 3/24/2022. (sms)
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| Minute Entry for In-Person Status Conference held on 3/22/2022 before Judge Joy Flowers Conti: The court addressed the matters set forth in the proposed joint agenda and other matters as set forth on the record. Co-lead counsel advised about the filing of consolidated complaints and consented to the denial without prejudice of the pending motion to file an amended complaint (Civ. A. No. 22-130, ECF No. 26) and granting the pending voluntary dismissals (Civ. A. Nos. 21-1443, 21-1796, 22-222, 22-223). The court advised the parties about the selection of special masters and mediators and filing proposed appointment orders. The court set the next status conference for 4/20/2022 at 4:00 p.m. The court will enter orders setting monthly status conferences and ordering transcripts. (Court Reporter: Deborah Rowe) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (sms) |
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Filing 25
PRETRIAL ORDER #10 with Respect to In-Person Hearings. As more fully set forth in the attached Order, IT IS HEREBY ORDERED that unless otherwise noted all proceedings before this court will be conducted in person and neither a dial-in number nor videoconferencing will be provided to the counsel or general public for the proceedings. Signed by Judge Joy Flowers Conti on 3/17/2022. (sms)
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Filing 24
ORDER Modifying Deadline to Submit Identifying Information to the Preservation Registry under Paragraph 24 of the Interim Preservation Order. Signed by Judge Joy Flowers Conti on 3/7/2022. (sms)
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Filing 23
PRETRIAL ORDER #9. ORDER SETTING STATUS CONFERENCE for 3/22/2022 at 02:00 PM in Courtroom 5A before Judge Joy Flowers Conti, as more fully set forth in the attached Order. Signed by Judge Joy Flowers Conti on 2/23/2022. (sms)
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Filing 22
PRETRIAL ORDER #8: ORDER APPOINTING CO-LEAD COUNSEL, PLAINTIFFS' STEERING COMMITTEE, CO-LIAISON COUNSEL, AND CERTAIN COMMITTEE AND SUBCOMMITTEE CHAIRS AND MEMBERS. Signed by Judge Joy Flowers Conti on 2/15/2022. (sms)
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| Filing 21 TOLLING AGREEMENT. (sms) |
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Filing 20
PRETRIAL ORDER #7. ORDER MAKING TOLLING AGREEMENT AVAILABLE ON COURT'S WEBSITE. Signed by Judge Joy Flowers Conti on 2/8/2022. (sms)
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Filing 19
INTERIM PRESERVATION ORDER. Signed by Judge Joy Flowers Conti on 1/11/2022. (sms)
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Filing 18
PRETRIAL ORDER #6. As more fully set forth in the attached order, IT IS HEREBY ORDERED that the following individuals are appointed as interim lead counsel to serve with the six individuals named as interim lead counsel in Pretrial Order #2: Dennis Damonn Spurling and Shanon J. Carson. IT IS FURTHER ORDERED that the appointment of the foregoing counsel as interim lead counsel is made in accordance with Pretrial Order #2, including the duties and responsibilities of the interim lead counsel set forth in Pretrial Order #2. Signed by Judge Joy Flowers Conti on 12/21/2021. (sms)
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Filing 17
PRETRIAL ORDER #5: The schedule for the court's selection of the Plaintiffs' Steering Committee, lead counsel, and liaison counsel is as follows: (1) Applications Due - 1/4/2022; (2) Objections Due - 1/11/2022; and (3) Responses to Objections Due - 1/18/2022. Interviews will take place on January 27, 2022, at 2:00 p.m., and, if necessary, January 28, 2022, at 2:00 p.m. in person at the courthouse in Judge Conti's courtroom. The applications, objections, and responses must comply with paragraph 14 of Pretrial Order #1. Signed by Judge Joy Flowers Conti on 12/20/2021. (sms)
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Filing 16
PRETRIAL ORDER #4. As more fully set forth in the attached order: the deadline for the parties to file a proposed interim preservation order, originally established in Pretrial Order No. 2, is hereby extended until Thursday, December 23, 2021. Signed by Judge Joy Flowers Conti on 12/14/2021. (sms)
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Filing 15
ORDER Implementing Federal Rule of Evidence 502(d). Signed by Judge Joy Flowers Conti on 12/10/2021. (sms)
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Filing 14
STIPULATED PROTECTIVE ORDER. Signed by Judge Joy Flowers Conti on 12/10/2021. (sms)
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Filing 13
PRETRIAL ORDER #3. As more fully set forth in the attached order: the Initial Status Conference will take place on 12/15/2021 at 02:00 PM; the dial-in number for the initial status conference, which shall be used by any individual who wants to listen to the initial status conference, but not participate in the conference, is 888-363-4749, and the access code is 1490596; the court will email the information for participation in the initial status conference via videoconferencing to any attorney of record who files a motion for alternative method to appear and whose motion is granted by the court. Signed by Judge Joy Flowers Conti on 12/1/2021. (sms)
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Filing 12
PRETRIAL ORDER #2 with Respect to (1) Interim Modifications to the Preservation Requirements and (2) Appointment of Interim Lead Plaintiffs' Counsel for the Purpose of Negotiating an Interim Proposed Preservation Order, as more fully set forth in the attached Order. Signed by Judge Joy Flowers Conti on 11/19/2021. (sms)
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Filing 11
PRETRIAL ORDER #1. Initial Status Conference set for 12/15/2021 at 01:30 PM in Courtroom 5A before Judge Joy Flowers Conti. Motions to appear by an alternative method and Notices of any plaintiff appearing through a designated attorney instead of the plaintiff's attorney of record are due by 12/8/2021 as more fully set forth in the attached Order. Signed by Judge Joy Flowers Conti on 11/10/2021. (sms)
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| Filing 10 Case transferred in from District of Arkansas Eastern; Case Number 2:22-cv-00030. Original file certified copy of transfer order and docket sheet received. |
| Filing 9 CONDITIONAL TRANSFER ORDER (CTO-19) transferring this case to the U.S. District Court Western District of Pennsylvania as part of MDL No. 3014, In Re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation. Signed by the Clerk of the Panel John W. Nichols on 3/2/2022. (jak) |
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Filing 8
ORDER granting #5 Defendants' unopposed motion to stay; and staying this case pending transfer to the multidistrict litigation currently pending in the Western District of Pennsylvania, In re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation, Case No. 2:21-mc-01230. Signed by Judge Brian S. Miller on 2/25/2022. (kdr)
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| Filing 7 NOTICE OF DOCKET CORRECTION re #6 Brief in Support. CORRECTION: The original document was submitted without exhibits. The exhibits were added to docket entry #6 based on the attached correspondence. (cmn) |
| Filing 6 BRIEF IN SUPPORT re #5 Motion to Stay Proceedings Pending Transfer to MDL No. 3014 filed by Phillips North America LLC, Phillips RS North America LLC. (Foster, Nicholas) (Additional attachment(s) added on 2/24/2022: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (cmn). |
| Filing 5 Unopposed MOTION to Stay Proceedings Pending Transfer to MDL No. 3014 by Phillips North America LLC, Phillips RS North America LLC (Foster, Nicholas) |
| Filing 4 NOTICE of Appearance by Nicholas James Foster on behalf of Phillips North America LLC, Phillips RS North America LLC (Foster, Nicholas) |
| Filing 3 ENTRY of Appearance by Dan S. Folluo on behalf of Phillips North America LLC and Phillips RS North America LLC. (kdr) |
| Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Russell D Carter, Jr.(kdr) |
| Filing 1 NOTICE OF REMOVAL by Phillips North America LLC and Phillips RS North America LLC from Lee County Circuit Court. Case Number 39CV-22-1. Filing Fee of $402 paid. Receipt Number LIT085646. (Attachments: #1 Civil Cover Sheet)(kdr) |
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