Harris v. Philips North America LLC et al
| RANDALL HARRIS |
| PHILIPS NORTH AMERICA LLC, PHILIPS HOLDING USA INC, RESPIRONICS INC., PHILIPS R.S. NORTH AMERICA, LLC. and ROYAL PHILLIPS |
| 2:2022cv00578 |
| April 19, 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. § 1332 Diversity-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 34
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 33
INTERIM PRESERVATION ORDER (APPLICABLE TO TRILOGY DEVICES). Signed by Judge Joy Flowers Conti on 5/19/2022. (sms)
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Filing 32
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 31
PRETRIAL ORDER #15 APPOINTING DISCOVERY LIAISON COUNSEL. Signed by Judge Joy Flowers Conti on 5/19/2022. (sms)
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Filing 30
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 29
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 28
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 27
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 26
AMENDED STIPULATED PROTECTIVE ORDER. Signed by Judge Joy Flowers Conti on 4/1/2022. (sms)
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Filing 25
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 24
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 23
PRETRIAL ORDER #11 RE: TRANSCRIPTS OF ALL PROCEEDINGS. Signed by Judge Joy Flowers Conti on 3/24/2022. (sms)
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Filing 22
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 21
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 20
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 19
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 18 TOLLING AGREEMENT. (sms) |
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Filing 17
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 16
INTERIM PRESERVATION ORDER. Signed by Judge Joy Flowers Conti on 1/11/2022. (sms)
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Filing 15
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 14
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 13
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 12
ORDER Implementing Federal Rule of Evidence 502(d). Signed by Judge Joy Flowers Conti on 12/10/2021. (sms)
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Filing 11
STIPULATED PROTECTIVE ORDER. Signed by Judge Joy Flowers Conti on 12/10/2021. (sms)
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Filing 10
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 9
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 8
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 7 Case transferred in from District of Missouri Western; Case Number 3:22-cv-05027. Original file certified copy of transfer order and docket sheet received. |
| Filing 6 MDL CONDITIONAL TRANSFER ORDER, CTO-CTO-24, from John W. Nichols, Clerk of the Panel, transferring case to Western District of Pennsylvania to be included in MDL No. MDL No. 3014. Signed on 4/15/2022. Case electronically transferred. (Keller, Jeanne) |
| Filing 5 SUGGESTIONS in support re #4 MOTION to stay Proceedings Pending Transfer to MDL No. 3014 filed by Matthew William Geary on behalf of Defendants Philips Holding USA Inc., Philips North America LLC, Philips RS North America LLC, Respironics, Inc.. (Attachments: #1 Exhibit A - Notice of Tag Along, #2 Exhibit B - CTO 24, #3 Exhibit C - Stay Orders)(Related document(s) #4 ) (Geary, Matthew) |
| Filing 4 MOTION to stay Proceedings Pending Transfer to MDL No. 3014 filed by Matthew William Geary on behalf of Philips Holding USA Inc., Philips North America LLC, Philips RS North America LLC, Respironics, Inc.. Suggestions in opposition/response due by 4/26/2022 unless otherwise directed by the court. (Geary, Matthew) |
| Filing 3 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Keller, Jeanne) |
| Filing 2 DISCLOSURE OF CORPORATE INTERESTS of Philips North America, LLC, Philips Holding USA, Inc., Respironics, Inc. and Philips RS North America, LLC filed by Matthew William Geary on behalf of Defendants Philips Holding USA Inc., Philips North America LLC, Philips RS North America LLC, Respironics, Inc..(Geary, Matthew) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Newton County, case number 22NWCV00368, filed by Matthew William Geary. Filing fee $402, receipt number AMOWDC-7877211. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Complaint, #3 Exhibit B - Service on Philips North America, #4 Exhibit C - Service on Philips Holding, #5 Exhibit D - Service on Philips Respironics, #6 Exhibit E - Notice of Service on Philips RS North America, #7 Exhibit F - Respironics Incorporation, #8 Exhibit G - Philips RS N America Corporate Records, #9 Exhibit H - Philips Holding Corporate Records, #10 Exhibit I - Philips NA LLC Corporate Records, #11 Exhibit J - Phlips Holding Corporate Records, #12 Exhibit K - Transfer Order)(Geary, Matthew) |
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