Andrea Summers et al v. Koninklijke Philips NV et al
| Andrea Summers and Michael Summers |
| KONINKLIJKE PHILIPS N.V, PHILIPS NORTH AMERICA LLC, PHILIPS R.S. NORTH AMERICA, LLC., APRIA HEALTHCARE, LLC and DOES 1-100, inclusive |
| 2:2022cv00601 |
| April 22, 2022 |
| US District Court for the Western District of Pennsylvania |
| Joy Flowers Conti |
| Contract 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 46
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 45
INTERIM PRESERVATION ORDER (APPLICABLE TO TRILOGY DEVICES). Signed by Judge Joy Flowers Conti on 5/19/2022. (sms)
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Filing 44
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 43
PRETRIAL ORDER #15 APPOINTING DISCOVERY LIAISON COUNSEL. Signed by Judge Joy Flowers Conti on 5/19/2022. (sms)
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Filing 42
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 41
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 40
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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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #17 Motion to Remand. ERROR: Wrong event selected. CORRECTION: Re-docketed as Notice of Motion. This message is for informational purposes only. (cww) |
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Filing 39
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) Modified on 4/22/2022 (sms).
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Filing 38
AMENDED STIPULATED PROTECTIVE ORDER. Signed by Judge Joy Flowers Conti on 4/1/2022. (sms)
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Filing 37
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 36
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 35
PRETRIAL ORDER #11 RE: TRANSCRIPTS OF ALL PROCEEDINGS. Signed by Judge Joy Flowers Conti on 3/24/2022. (sms)
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Filing 34
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 33
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 32
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 31
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 30 TOLLING AGREEMENT. (sms) |
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Filing 29
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 28
INTERIM PRESERVATION ORDER. Signed by Judge Joy Flowers Conti on 1/11/2022. (sms)
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Filing 27
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 26
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 25
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 24
ORDER Implementing Federal Rule of Evidence 502(d). Signed by Judge Joy Flowers Conti on 12/10/2021. (sms)
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Filing 23
STIPULATED PROTECTIVE ORDER. Signed by Judge Joy Flowers Conti on 12/10/2021. (sms)
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Filing 22
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 21
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 20
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 19 Case transferred in from District of California Central; Case Number 8:22-cv-00775. Original file certified copy of transfer order and docket sheet received. |
| Filing 18 Conditional Transfer Order - 25 from the United States Judicial Panel on Multidistrict Litigation, MDL 3014, transferring case to USDC, Western District of Pennsylvania and assigned to Honorable Honorable Joy Flowers Conti. Case transferred electronically. (MD JS-6. Case Terminated.) (es) |
| Filing 17 NOTICE OF MOTION re NOTICE OF MOTION AND MOTION to Stay Case pending Stay Proceedings Pending Transfer to MDL 3014 #15 Notice of Unopposed Motion to Stay Proceedings Pending Transfer to MDL 3014 filed by Defendants Philips North America LLC, Philips RS North America LLC. Motion set for hearing on 5/23/2022 at 01:30 PM before Judge James V. Selna. (Attorney Molly Moriarty Lane added to party Philips North America LLC(pty:dft))(Lane, Molly) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #12 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 15 NOTICE OF MOTION AND MOTION to Stay Case pending Stay Proceedings Pending Transfer to MDL 3014 filed by Defendant Philips RS North America LLC. (Attachments: #1 Memorandum of Law in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order) (Lane, Molly) |
| Filing 14 PROOF OF SERVICE filed by Defendant Philips North America LLC, re Certificate/Notice of Interested Parties, #13 , Notice of Appearance #12 served on April 13, 2022. (Steinberg, Michael) |
| Filing 13 NOTICE of Interested Parties filed by Defendant Philips North America LLC, identifying Koninklijke Philips N.V. (Ultimate Parent/Defendant); Philips Holding USA, Inc. (Member/Manager of Philips North America LLC); Andrea Summers (Plaintiff); Michael Summers (Plaintiff); Philips RS North America (Defendant); Apria Healthcare LLC (Defendant); Philips RS North America Holding Corporation (Parent of Philips RS North America LLC). (Steinberg, Michael) |
| Filing 12 NOTICE of Appearance filed by attorney Michael H Steinberg on behalf of Defendant Philips North America LLC (Steinberg, Michael) |
| Filing 11 CERTIFICATE OF SERVICE filed by Defendant Apria Healthcare LLC, re Corporate Disclosure Statement #10 , Notice of Appearance #9 served on April 12, 2022. (Lazarus, Alan) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT filed by Defendant Apria Healthcare LLC (Lazarus, Alan) |
| Filing 9 NOTICE of Appearance filed by attorney Alan J Lazarus on behalf of Defendant Apria Healthcare LLC (Attorney Alan J Lazarus added to party Apria Healthcare LLC(pty:dft))(Lazarus, Alan) |
| Filing 8 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge John D. Early. (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Michael Summers, Andrea Summers, upon Defendant Apria Healthcare LLC served on 3/10/2022, answer due 3/31/2022. Service of the Summons and Complaint were executed upon Daisy Montenegro Process Specialist CT Corporation System, Registered Agent for Service of Process in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. Filed in State Court on 3/24/2022 Submitted with Attachment 1 Exhibit D to Notice of Removal #1 (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Apria Healthcare LLC, Does 1-100, inclusive, Koninklijke Philips NV, Philips North America LLC, Philips RS North America LLC. Jury Demanded, filed by Plaintiffs Michael Summers, Andrea Summers. Filed in State Court on 3/4/2022 Submitted with Attachment 1 Exhibit A to Notice of Removal #1 (car) |
| Filing 4 PROOF OF SERVICE filed by Defendant Philips North America LLC, Philips RS North America LLC, re Corporate Disclosure Statement #2 , Notice of Removal (Attorney Civil Case Opening), #1 , Notice of Appearance #3 served on April 7, 2022. (Lane, Molly) |
| Filing 3 NOTICE of Appearance filed by attorney Molly Moriarty Lane on behalf of Defendant Philips RS North America LLC (Lane, Molly) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Defendant Philips RS North America LLC identifying Koninklijke Philips Naamloze Venootschap as Corporate Parent. (Lane, Molly) |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2022-01248357 Receipt No: ACACDC-33092390 - Fee: $402, filed by Defendant Philips North America LLC, Philips RS North America LLC. (Attachments: #1 Exhibit A-I, #2 Civil Cover Sheet) (Attorney Molly Moriarty Lane added to party Philips North America LLC(pty:dft), Attorney Molly Moriarty Lane added to party Philips RS North America LLC(pty:dft))(Lane, Molly) |
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