King v. Cornerstone Medical Services, et al
Plaintiff: Derrick Martin King
Defendant: PHILIPS RS NORTH AMERICA LLC., PHILIPS RS NORTH AMERICA HOLDING CORPORATION and Cornerstone Medical Services - Midwest LLC
Case Number: 2:2024cv01693
Filed: December 13, 2024
Court: U.S. District Court for the Western District of Pennsylvania
Presiding Judge: Joy Flowers Conti
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-(Citizenship)
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 13, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2024 Filing 17 Case transferred in from District of Ohio Northern; Case Number 5:24-cv-01344. Original file certified copy of transfer order and docket sheet received.
December 13, 2024 Filing 16 Transfer Order 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)
December 13, 2024 Judge Joy Flowers Conti added. (sms)
October 11, 2024 Opinion or Order Filing 15 Order Staying Case For the reasons set forth herein, the Court grants the Motion to Stay Proceedings Pending Transfer to MDL No. 3014. (ECF No. #5 ). Additionally, Plaintiff's Omnibus Motion to Remand to State Court and Motion for Sanctions (ECF No. #4 ) and Defendant's Motion for Leave to File Sur-Reply (ECF No. #10 ) are stayed. Defendant's Motion to Quash or Alternatively for a Protective Order to Preclude Plaintiff's Premature Non-Party Subpoena of the U.S. Food and Drug Administration (ECF No. #13 ) is granted in part. Plaintiff's subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises, issued to nonparty the U.S. Food and Drug Administration ("FDA"), on 8/20/2024, is quashed as prematurely issued. Finally, the Court hereby instructs the Clerk of Court that it will not accept any further filings until a ruling on the Conditional Transfer Order has been rendered or 90 days has elapsed. Judge Benita Y. Pearson on 10/11/2024. (JLG)
October 11, 2024 Copy of #15 Order Staying Case mailed to Plaintiff Derrick Martin King, 1445 Crestview Ave., Akron, OH 44320-3979 on 10/11/2024. Related document(s) #15 . (JLG)
October 7, 2024 Filing 14 Response to defendants' #13 Motion to quash or Alternatively for a Protective Order to Preclude, Plaintiff's Premature Non-Party Subpoena of the U.S. Food and Drug Administration filed by Derrick Martin King. (Attachments: #1 Exhibit A - U.S. Court of Appeals for the Sixth Circuit, #2 Exhibit B - Email exchange regarding FDA Info Share Team, #3 Exhibit C - MDL No. 3014 Document 2412 and 2412-1 page 1 then jumps to page 122) (E,CK)
October 1, 2024 Filing 13 Motion to quash or Alternatively for a Protective Order to Preclude, Plaintiff's Premature Non-Party Subpoena of The U.S. Food and Drug Administration filed by Defendant Philips RS North America, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit A (Subpoena issued to FDA))(Feinstein, Wendy)
October 1, 2024 Filing 12 Appeal Remark from USCA for the Sixth Circuit: A petition for a writ of mandamus filed by plaintiff (USCA# 24-3851). (F,AW)
September 5, 2024 Filing 11 Response in Opposition to #10 Motion for Leave to File Sur-Reply filed by Derrick Martin King. (B,DL)
September 3, 2024 Filing 10 Motion for leave to File Sur-Reply filed by Defendant Philips RS North America, LLC. (Attachments: #1 Exhibit A (Sur-Reply in Support of Motion to Stay Proceedings Pending Transfer to MDL 3014 with Exhibit))(Feinstein, Wendy)
August 28, 2024 Filing 9 Reply Memorandum in Support of #4 Omnibus Motion to remand to State Court and Motion for sanctions filed by Derrick Martin King. (Attachments: #1 Declaration of Derrick Martin King, #2 Exhibit A - Joint Notice of Filing, #3 Exhibit A - Personal Injury Master Settlement Agreement, #4 Exhibit 1 - Declaration of Disengagement, #5 Exhibit 2 - Release, #6 Exhibit 3 - Proposed Case Management Order, #7 Exhibit A - Declaration of Primary Counsel, #8 Exhibit B - Declaration of Pro Se Eligible Claimant, #9 Exhibit 4 - Prposed Case Management Order for Claims, #10 Exhibit A - Authorization for Release of Insurance Records, #11 Exhibit B - Medicare Authorization Form, #12 Exhibit C - Limited Authorization to Disclose Healh Information, #13 Exhibit D - Authorization and Consent to Release Psychotherapy Notes, #14 Exhibit E - HIPAA Employment Authorization, #15 Exhibit F - HIPAA Workers Comp Authorization, #16 Exhibit G 1 - Consent for Release of Information, #17 Exhibit G 2 - Request for Social Security Earning Information, #18 Exhibit H - Request for Copy of Tax Return, #19 Exhibit I - Limited Authorization) (B,DL)
August 21, 2024 Filing 8 Opposition to #4 Motion to remand to State Court and Motion for sanctions filed by Philips RS North America, LLC. (Attachments: #1 Exhibit A (JPML Transfer Orders))(Feinstein, Wendy)
August 20, 2024 Filing 7 Reply in support of #5 Motion to stay Proceedings Pending Transfer to MDL No. 3014 filed by Philips RS North America, LLC. (Feinstein, Wendy)
August 13, 2024 Filing 6 Response in Opposition to #5 Motion to stay Proceedings Pending Transfer to MDL No. 3014 filed by Derrick Martin King. (Attachments: #1 Exhibit A - MDL-3014 Notice of Opposition to CTO, #2 Exhibit B - Fed Ex proof-of-delivery 7/30/2024, #3 Exhibit C - Fed Ex proof-of-delivery 7/24/2024, #4 Exhibit D - Fed Ex proof-of-delivery signed for by P. Sisofo) (E,CK)
August 12, 2024 Filing 5 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 (Conditional Transfer Order No. 101), #4 Exhibit C (Stay Orders))(Feinstein, Wendy)
August 7, 2024 Filing 4 Omnibus Motion to remand to State Court and Motion for sanctions filed by Plaintiff Derrick Martin King. (Attachments: #1 Exhibit A - State of Ohio Certificate) (E,CK)
August 5, 2024 Filing 3 Magistrate Consent Form issued. (B,DL)
August 5, 2024 Filing 2 Corporate Disclosure Statement identifying Corporate Parent Koninklijke Philips Naamloze Vennootschap for Philips RS North America, LLC filed by Philips RS North America, LLC. (Feinstein, Wendy)
August 5, 2024 Filing 1 Notice of Removal from Summit County Court of Common Pleas, case number CV- 2024-07-2874 with jury demand. Filing fee paid $ 405.00. Receipt number AOHNDC-12678121. Filed by Philips RS North America, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - King II Complaint, #3 Exhibit B - King I Complaint, #4 Exhibit C - Philips RS North America LLC Corporate Records & Business Registrations, #5 Exhibit D - Philips RS North America Holding Corporation Corporate Records & Business Registrations, #6 Exhibit E - Declaration of Cornerstone Medical Services-Midwest LLC, #7 Exhibit F - Declaration Of William B. Monahan, #8 Exhibit G - Transfer Order) (Feinstein, Wendy)
August 5, 2024 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (B,DL)
August 5, 2024 Judge Benita Y. Pearson assigned to case. (B,DL)

Access additional case information on PACER

Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.

Access this case on the Pennsylvania Western District Court's Electronic Court Filings (ECF) System

Search for this case: King v. Cornerstone Medical Services, et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Derrick Martin King
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: PHILIPS RS NORTH AMERICA LLC.
Represented By: Wendy West Feinstein
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: PHILIPS RS NORTH AMERICA HOLDING CORPORATION
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Cornerstone Medical Services - Midwest LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?