BAIRD RESPIRATORY THERAPY, INC. v. KONINKLIJKE PHILIPS N.V. et al
| BAIRD RESPIRATORY THERAPY, INC. |
| KONINKLIJKE PHILIPS N.V, PHILIPS NORTH AMERICA LLC and PHILIPS R.S. NORTH AMERICA, LLC. |
| 2:2022cv00500 |
| March 29, 2022 |
| US District Court for the Western District of Pennsylvania |
| Joy Flowers Conti |
| Contract: Other |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 25, 2022. A more recent docket listing may be available from PACER.
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Filing 33
REVISED PRETRIAL ORDER #13 RE: COMMON BENEFIT ORDER REGARDING PROTOCOLS FOR PLAINTIFFS COUNSEL TIME AND EXPENSE SUBMISSIONS. Signed by Judge Joy Flowers Conti on 5/24/2022. (sms)
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Filing 32
INTERIM PRESERVATION ORDER (APPLICABLE TO TRILOGY DEVICES). Signed by Judge Joy Flowers Conti on 5/19/2022. (sms)
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Filing 31
ORDER granting Motion of Attorney Patrick W. Pendley to Withdraw from the Time & Expense Sub-Committee. Signed by Judge Joy Flowers Conti on 5/19/2022. (sms)
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Filing 30
PRETRIAL ORDER #15 APPOINTING DISCOVERY LIAISON COUNSEL. Signed by Judge Joy Flowers Conti on 5/19/2022. (sms)
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Filing 29
PRETRIAL ORDER #14 SCHEDULING THE FILING OF CONSOLIDATED AMENDED CLASS AND MASTER COMPLAINTS, ANSWERS, MOTIONS TO DISMISS AND RELATED BRIEFING. Signed by Judge Joy Flowers Conti on 5/19/2022. (sms)
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| Set Hearings: A joint science day with the SoClean MDL is set for 9/1/2022 at 11:00 a.m. 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 28
ORDER Appointing and Setting Duties of Carole Katz as Special Master for General Discovery and E-Discovery. Signed by Judge Joy Flowers Conti on 5/4/2022. (sms)
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Filing 27
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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| Minute Entry for Status Conference held on 4/20/2022 held before Judge Joy Flowers Conti: As fully set forth on the record, the court and parties addressed the items in the proposed joint agenda, including: the timely filing of documents with the court, i.e., documents are due at or before 12 noon on the date they are due; the timeline for the filing of consolidated class action complaints, other pleadings, and Rule 12 motions and the filing of a joint motion for a court order setting those dates and page limits; the appointment of a special master to oversee the coordination efforts of the separate mediators for this MDL and the SoClean MDL and the parties attempting to reach agreement on that appointment; disclosures, fact sheets, and registries; the stay on discovery, including when the stay will be lifted (after the court approves the discovery plan) and the role of the special master in that process; the filing of the proposed order to appoint Carole Katz as the discovery special master at or before 12 noon on 5/3/2022; the stay being in place except for mutually agreed-upon discovery; Ms. Avery and Mr. Schaffer serving as liaison to the SoClean MDL and the filing of a proposed order appointing them to those positions; the need for a privilege log protocol; the deposition in extremis protocols; scheduling of the science day with the SoClean MDL; updates on preservation orders; an update from liaison counsel about their efforts; and an update from the leadership development committee. (Court Reporter: Jane Proud) 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 26
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 25
AMENDED STIPULATED PROTECTIVE ORDER. Signed by Judge Joy Flowers Conti on 4/1/2022. (sms)
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Filing 24
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 23
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 22
PRETRIAL ORDER #11 RE: TRANSCRIPTS OF ALL PROCEEDINGS. Signed by Judge Joy Flowers Conti on 3/24/2022. (sms)
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Filing 21
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 20
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 19
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 18
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 17 TOLLING AGREEMENT. (sms) |
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Filing 16
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 15
INTERIM PRESERVATION ORDER. Signed by Judge Joy Flowers Conti on 1/11/2022. (sms)
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Filing 14
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 13
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 12
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 11
ORDER Implementing Federal Rule of Evidence 502(d). Signed by Judge Joy Flowers Conti on 12/10/2021. (sms)
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Filing 10
STIPULATED PROTECTIVE ORDER. Signed by Judge Joy Flowers Conti on 12/10/2021. (sms)
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Filing 9
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 8
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 7
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 6 Case transferred in from District of Pennsylvania Eastern; Case Number 2:22-cv-00886. Original file certified copy of transfer order and docket sheet received. |
| Filing 5 Certified Copy of Conditional Transfer Order (CTO-22). Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the Western District of Pennsylvania for the reasons stated in the order of October 8, 2021, and, with the consent of that court, assigned to the Honorable Joy Flowers Conti. (mbh) |
| Filing 4 Letter dated 3/24/22 from Sarah Sewall (mbh) |
| 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) |
| Filing 3 NOTICE of Appearance by MARC H. EDELSON on behalf of BAIRD RESPIRATORY THERAPY, INC. with Certificate of Service (Attachments: #1 Certificate of Service)(EDELSON, MARC) |
| Summons Issued as to KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, and PHILIPS RS NORTH AMERICA LLC. E-mailed to counsel on 3/10/22 (mbh) |
| Filing 2 NOTICE of Appearance by JONATHAN SHUB on behalf of BAIRD RESPIRATORY THERAPY, INC. (SHUB, JONATHAN) |
| Filing 1 COMPLAINT against KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC, PHILIPS RS NORTH AMERICA LLC ( Filing fee $ 402 receipt number APAEDC-15775649.), filed by BAIRD RESPIRATORY THERAPY, INC.. (Attachments: #1 Civil Cover Sheet, #2 Designation Form)(VERDERAME, LIBERATO) |
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