King v. Koninklijke Philips N.V. et al.
| Derrick M. King and Derek Martin King |
| PHILIPS NORTH AMERICA LLC, PHILIPS RS NORTH AMERICA LLC., KONINKLIJKE PHILIPS N.V., POLYMER TECHNOLOGIES INC, Polymer Technologies, Inc., Molded Products Division, Polymer Technologies Inc., Elastometric Solutions Division, PHILIPS HOLDING USA INC., Philips RS North America, Inc., Philips RS North America Holding Corp., POLYMER MOLDED PRODUCTS LLC and PHILIPS RS NORTH AMERICA HOLDING CORPORATION |
| 2:2023cv02040 |
| November 29, 2023 |
| US District Court for the Western District of Pennsylvania |
| Joy Flowers Conti |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #17 Reply. ERROR: Document not linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (dmh) |
| Filing 17 REPLY IN SUPPORT re #12 Motion for Discovery, Motion to Remand, Motion to Remand to State Court, filed by Derek Martin King. (King, Derek). Modified text on 1/22/2024 to add document linkage. (dmh) |
| Filing 16 BRIEF in Opposition re #12 Motion for Discovery, Motion to Remand, Motion to Remand to State Court || Opposition to Plaintiff Derrick Martin King's Motion to Compel Discovery or in the Alternative to Remand his Case filed by PHILIPS RS NORTH AMERICA LLC. (Lavelle, John) |
Filing 15
ORDER granting #14 Motion for Leave to Proceed in forma pauperis. Signed by Judge Joy Flowers Conti on 1/18/2024. (map)
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| Filing 14 MOTION for Leave to Appeal in forma pauperis by Derek Martin King. (King, Derek) |
| Filing 13 AMENDED COMPLAINT against KONINKLIJKE PHILIPS N.V., PHILIPS NORTH AMERICA LLC., PHILIPS RS NORTH AMERICA LLC., PHILIPS HOLDING USA INC., PHILIPS RS NORTH AMERICA HOLDING CORPORATION, POLYMER TECHNOLOGIES, INC., POLYMER MOLDED PRODUCTS LLC, filed by Derek Martin King. (King, Derek), Modified text on 1/17/2024 to identify names of Defendants. (dmh) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #12 Motion for Discovery, Motion to Remand, Motion to Remand to State Court. ERROR: Motion and Brief should have been filed as two separate documents. CORRECTION: Attorney advised in future that Motions and Briefs are to be filed as separate documents. Clerk of Court docketed Brief in Support of Motion. This message is for informational purposes only. (dmh) |
| w/ #12 BRIEF in Support re #12 Motion for Discovery, Motion to Remand, Motion to Remand to State Court filed by Derek Martin King. (dmh) |
| Filing 12 First MOTION for Discovery , First MOTION to Remand , First MOTION to Remand to State Court by Derek Martin King. (Attachments: #1 Brief in Support of Motion to Compel Discovery) (King, Derek) |
| Filing 11 Case transferred in from District of Ohio Northern; Case Number 5:23-cv-02042. Original file certified copy of transfer order and docket sheet received. |
| Filing 10 Conditional Transfer Order (CTO 84) by the Judicial Panel on Multidistrict Litigation. In re: MDL No. 3014 Phillips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation. Case transferred to Western District of Pennsylvania and assigned to the Honorable Joy Flowers Conti. (M,CE) |
| Copy of #10 Conditional Transfer Order mailed to Derrick M. King at 1445 Crestview Avenue, Akron, OH 44320 on 11/29/2023. Related document(s) #10 . (M,CE) |
| Filing 9 Reply in support of #4 Motion to stay Proceedings Pending Transfer to MDL No. 3014 filed by Philips RS North America, LLC. (Feinstein, Wendy) |
| Filing 8 Combined Response to Court's October 18, 2023 Order and Request for either the United States Marshal or the Clerk of Courts Perform Service of the Summons, Complaint, and First Amended Complaint upon Defendants filed by Derrick M. King. (Attachments: #1 Exhibit A - Motion to Proceed in Forma Pauperis, #2 Exhibit B - Omnibus Motion of Pro Se Litigant) (B,DL) |
| Filing 7 Motion/Application to proceed in District Court without prepaying fees or costs filed by Plaintiff Derrick M. King. (B,DL) |
| Filing 6 Amended complaint for personal injuries and monetary damages against Koninklijke Philips N.V., Philips North America, LLC, Polymer Technologies, Inc. and adding new party defendant(s) Philips Holding USA, Inc.; Philips RS North America, Inc.; Philips RS North America Holding Corporation; Polymer Molded Products LLC. Filed by Derrick M. King. (Attachments: #1 Exhibit 1 - Medical Devise Recall, #2 Exhibit 2 - Observation Risk Analysis, #3 Exhibit 3 - Sleep and Respiratory Care Update, #4 Exhibit 4 - Recall Information, #5 Exhibit 5 - DreamStation, #6 Exhibit 6 - 518(a) Notification Order, #7 Exhibit 7 - Hearing Notice, #8 Exhibit 8 - Formaldehyde Info, #9 Exhibit 9 - Report on Carcinogens, #10 Exhibit 10 - Supplemental Clinical Information, #11 Exhibit 11 - Toluene Ditsocyanates, #12 Exhibit 12 - Report on Carcinogens, #13 Exhibit 13 - Current Intelligence Bulletin 53, #14 Exhibit 14 - Fact Sheet - TDI and Related Compounds, #15 Exhibit 15 - Report of Carcinogens, #16 Exhibit 16 - Diaminotoluene, #17 Exhibit 17 - Sulfanilamide Disaster, #18 Exhibit 18 - Affidavit of Lee Lawler, #19 Exhibit 19 - DreamStation User Manual, #20 Exhibit 20 - Delivery Ticket, #21 Summons, #22 USM-285) (B,DL) |
| Filing 5 Response in Opposition to defendant Philips RS North America LLC's #4 Motion to stay Proceedings Pending Transfer to MDL No. 3014 filed by Derrick M. King. (E,CK) |
| Filing 4 Motion to stay Proceedings Pending Transfer to MDL No. 3014 filed by Defendant Philips RS North America, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit A (Tag Along Notice), #3 Exhibit B (Stay Orders), #4 Proposed Order)(Feinstein, Wendy) |
| Filing 3 Magistrate Consent Form issued. (P,G) |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent Koninklijke Philips Nasalize Venootschap, Other Affiliate Philips North America LLC, Other Affiliate Philips Holding USA, Inc., Other Affiliate Philips RS North America Holding Corp. for Philips RS North America, LLC filed by Philips RS North America, LLC. (Feinstein, Wendy) |
| Filing 1 Notice of Removal from Summit County Court of Common Pleas, case number CV-2023-09-3575 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-12233487. Filed by Philips RS North America, LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Philips Holding USA Corporate Records & Business Registrations, #3 Exhibit C - Philips RS Records & Business Registrations, #4 Exhibit D - JPML Transfer Orders, #5 Civil Cover Sheet). (Feinstein, Wendy) |
| Judge Pamela A. Barker assigned to case. (P,G) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jennifer Dowdell Armstrong. (P,G) |
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Order [non-document] This matter was removed to this Court on 10/18/2023. For the convenience of the Court, and by no later than 11/1/2023, the parties are directed to refile herein any motions that were previously filed in state court and which remained pending at the time of removal. Judge Pamela A. Barker on 10/18/2023. (P,K)
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| Copy of non-document Orders mailed to Derrick M. King 1445 Crestview Avenue Akron, OH 44320 on 10/18/2023. (P,K) |
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Order [non-document] The parties are hereby advised that this Court will not accept ex parte telephone calls to Chambers regarding substantive issues in pending cases. The Court speaks through its docket. While it may be appropriate to call Chambers regarding routine, non-substantive matters (such as requests for the dial in information for an upcoming status conference, etc.), it is not appropriate under any circumstances for counsel to call Chambers ex parte for guidance or clarification regarding substantive matters, including matters relating to existing case management deadlines, requests to file briefing, and/or inquiries regarding the status of pending motions. All questions regarding substantive matters in pending cases must be filed as a motion on the public docket, with the following exception. If a dispute arises during a deposition that requires this Courts immediate assistance, the parties may call Chambers for assistance, but must do so jointly (and not on an ex parte basis). Judge Pamela A. Barker on 10/18/2023. (P,K)
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