Sharp v. Philips North America LLC et al
| Eugene Sharp |
| PHILIPS R.S. NORTH AMERICA, LLC., PHILIPS NORTH AMERICA LLC, Philips Healthcare Informatics, Inc., RESPIRONICS INC. and KONINKLIJKE PHILIPS ELECTRONICS N.V. |
| 2:2022cv00567 |
| April 15, 2022 |
| US District Court for the Western District of Pennsylvania |
| Joy Flowers Conti |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 Notice of Removal-Product Liability |
| 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 44
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 43
INTERIM PRESERVATION ORDER (APPLICABLE TO TRILOGY DEVICES). Signed by Judge Joy Flowers Conti on 5/19/2022. (sms)
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Filing 42
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 41
PRETRIAL ORDER #15 APPOINTING DISCOVERY LIAISON COUNSEL. Signed by Judge Joy Flowers Conti on 5/19/2022. (sms)
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Filing 40
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) |
| Filing 39 NOTICE of Appearance by James Foster on behalf of Eugene Sharp. (Foster, James) |
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Filing 38
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 37
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 36
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 35
AMENDED STIPULATED PROTECTIVE ORDER. Signed by Judge Joy Flowers Conti on 4/1/2022. (sms)
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Filing 34
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 33
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 32
PRETRIAL ORDER #11 RE: TRANSCRIPTS OF ALL PROCEEDINGS. Signed by Judge Joy Flowers Conti on 3/24/2022. (sms)
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Filing 31
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 30
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 29
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 28
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 27 TOLLING AGREEMENT. (sms) |
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Filing 26
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 25
INTERIM PRESERVATION ORDER. Signed by Judge Joy Flowers Conti on 1/11/2022. (sms)
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Filing 24
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 23
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 22
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 21
ORDER Implementing Federal Rule of Evidence 502(d). Signed by Judge Joy Flowers Conti on 12/10/2021. (sms)
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Filing 20
STIPULATED PROTECTIVE ORDER. Signed by Judge Joy Flowers Conti on 12/10/2021. (sms)
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Filing 19
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 18
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 17
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 16 Case transferred in from District of Tennessee Middle; Case Number 3:22-cv-00244. Original file certified copy of transfer order and docket sheet received. |
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Filing 15
ORDER: Pursuant to the Conditional Transfer Order (CTO-24) of the Judicial Panel on Multidistrict Litigation, Docket No. 3014, this case is hereby transferred to the United States District Court for the Western District of Pennsylvania for coordinated or consolidated proceedings. The Clerk of Court is directed to close this case and electronically transmit the record to the United States District Court for the Western District of Pennsylvania. Signed by District Judge Eli J. Richardson on 4/15/2022. (vh)
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| Filing 14 CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO 24), IN RE: PHILIPS RECALLED CPAP, BILEVEL PAP, AND MECHANICAL VENTILATOR PRODUCTS LIABILITY LITIGATION MDL No. 3014, received from the Western District of Pennsylvania. (Case is ready for closing/transfer; Proposed order submitted to chambers) (bs) |
| Filing 13 CONDITIONAL TRANSFER ORDER (CTO-24) filed by UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION IN RE: PHILIPS RECALLED CPAP, BILEVEL PAP, AND MECHANICAL VENTILATOR PRODUCTS LIABILITY LITIGATION MDL No. 3014, transferring the case to the Western District of Pennsylvania. Inasmuch as no objection is pending at this time, the stay is lifted. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Western District of Pennsylvania. (bs) |
| Case transferred to the Western District of Pennsylvania. (vh) |
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Filing 12
ORDER: Pending before the Court is Defendants' Unopposed Motion to Stay Proceedings Pending Transfer to MDL No. 3014 (Doc. No. #10 , "Motion"). Because the Motion is unopposed (thus suggesting that a stay would pose little prejudice, hardship, or inequity to the non-moving party) and because the Court finds that judicial consistency, economy and uniformity are best assured by granting Defendants' request for a stay, the Motion is GRANTED, and this case is STAYED. The Clerk is directed to close the file administratively, subject to being reopened upon the motion of either party or order of the Court. Signed by District Judge Eli J. Richardson on 4/13/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 11 MEMORANDUM in Support of #10 Unopposed MOTION to Stay Proceedings Pending Transfer to MDL No. 3014 filed by Philips Healthcare Informatics, Inc., Philips North America LLC, Philips RS North America LLC . (Attachments: #1 Exhibit Exhibit A - Notice of Tag Along, #2 Exhibit Exhibit B - CTO 24, #3 Exhibit Exhibit C - Stay Orders, #4 Attachment Proposed Order Granting Motion to Stay)(Corley, Scott) |
| Filing 10 Unopposed MOTION to Stay Proceedings Pending Transfer to MDL No. 3014 by Philips Healthcare Informatics, Inc., Philips North America LLC, Philips RS North America LLC. (Corley, Scott) |
| Filing 9 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Philips RS North America LLC. (Corley, Scott) |
| Filing 8 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Philips North America LLC. (Corley, Scott) |
| Filing 7 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Philips Healthcare Informatics, Inc.. (Corley, Scott) |
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Filing 6
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Signed by District Judge Eli J. Richardson on 4/7/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 5 NOTICE of Initial Case Management Conference by Telephone set for 5/9/2022 at 01:30 PM before Magistrate Judge Barbara D. Holmes. (jm) |
| Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (jm) |
| Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (jm) |
| Filing 2 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (jm) |
| TN State Bar status verified as active for Scott M. Corley and Karl M. Braun admitted to this court. (jm) |
| NOTICE TO COUNSEL Forrest H. James, IV: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 4/28/2022. (jm) |
| NY State Bar status verified as active for William B. Monahan not admitted to this court - Local counsel secured; CA State Bar status verified as active for Michael H. Steinberg not admitted to this court - Local counsel secured; PA State Bar status verified as active for John P. Lavelle, Jr. not admitted to this court - Local counsel secured; AL State Bar status verified as active for Forrest H. James, IV not admitted to this court - Local counsel required. (jm) |
| Filing 1 NOTICE OF REMOVAL by Philips Healthcare Informatics, Inc., Philips North America LLC, Philips RS North America LLC from Circuit Court for Sumner County, Tennessee, case number 83CC1-2022-CV-193. ( Filing fee $ 402 receipt number ATNMDC-3570635) (Attachments: #1 Attachment Civil Cover Sheet) (jm) (Additional attachment(s) added on 4/7/2022: #2 Exhibit A - Complaint, #3 Exhibit B - Philips RS NA Corp Rec & Reg, #4 Exhibit C - Philips RS NA Holding Corp Rec & Reg, #5 Exhibit D - Philips NA LLC Corp Rec & Reg, #6 Attachment E - Philips Holding USA Inc Corp Rec & Reg, #7 Exhibit F - Philips HC Informatics Corp Rec & Reg, #8 Exhibit G - Transfer Order) (jm). |
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