Griffin et al v. Medtronic, Inc. et al
| Amy Turner Griffin and Kai Garrett Griffin |
| Medtronic, Inc., Medtronic PLC, Covidien PLC and Covidien LP |
| 3:2018cv00069 |
| January 19, 2018 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Williamson |
| William L Campbell |
| Alistair Newbern |
| Eli J Richardson |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on May 16, 2019. A more recent docket listing may be available from PACER.
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| Filing 54 ENTRY OF JUDGMENT re: #53 Order Dismissing Case. (gb) |
Filing 53
ORDER: The parties have filed a Stipulation of Dismissal with Prejudice ( #52 ). The Stipulation of Dismissal sufficed to dismiss this action without any action on the part of the Court. Because the parties have stated that the dismissal is with prejudice, the dismissal in fact is with prejudice. Accordingly, the Court acknowledges that all claims in this action have been DISMISSED with prejudice, and the Clerk is directed to close the file. Signed by District Judge Eli J. Richardson on 5/16/19. (gb)
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| Filing 52 STIPULATION of Dismissal With Prejudice by Covidien LP, Medtronic, Inc. (Pratt, Bryan) Modified on 5/16/2019 (gb). |
| Filing 51 AMENDED ANSWER to Complaint by Covidien LP, Medtronic, Inc. (gb) |
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Filing 50
MEMORANDUM AND ORDER: Medtronic's motion to amend its answer ( #35 ) and motion to amend the scheduling order ( #47 ) are GRANTED. Any additional motions to amend or to add parties shall be filed by January 28, 2019. Signed by Magistrate Judge Alistair Newbern on 1/7/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (gb)
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| Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Telephone Conference held on 1/7/2019. (tm) |
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Filing 49
MEMORANDUM AND ORDER: The Griffins' motion to strike ( #32 ) is DENIED as to Medtronic's eleventh, twelfth, and thirteenth affirmative defenses and FOUND MOOT as to its withdrawn fifteenth and sixteenth affirmative defenses. Signed by Magistrate Judge Alistair Newbern on 11/26/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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Filing 48
ORDER: Pursuant to the division of the docket, this case is transferred to Judge Eli J. Richardson. All previously imposed deadlines and Court dates remain unchanged, pending any further order from Judge Richardson. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/22/18. (gb)
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| Filing 47 MOTION To Extend the Deadline to File a Motion to Amend or to Add Parties by Covidien LP, Medtronic, Inc. (Attachments: #1 Exhibit Proposed Order)(Kimerling, Whitney) |
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Filing 46
ORDER: This Court, having considered Medtronic, Inc.'s and Covidien LP's Unopposed Motion to Extend the Deadline to File a Motion to Amend or to Add Parties, finds that it should be GRANTED. It is accordingly, ORDERED that Medtronic, Inc. and Covidien LP have until and including October 14, 2018, to file a motion to amend or to add parties. All deadlines of this Court's prior case management orders remain in effect. Signed by Magistrate Judge Alistair Newbern on 8/22/18. (gb) Modified text on 8/27/2018 (gb).
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| Filing 45 MOTION for Extension of Time to File a Motion to Amend or to Add Parties by Covidien LP, Medtronic, Inc. (Attachments: #1 Exhibit Proposed Order)(Kimerling, Whitney) |
| Filing 44 NOTICE by Covidien LP, Medtronic, Inc. of Intent to Serve Amended Subpoena (Kimerling, Whitney) |
| Filing 43 JOINT Statement Report Concerning ADR Efforts. (Kimerling, Whitney) |
| Filing 42 SUR-REPLY to Reply to Response to Motion re #32 MOTION to Strike Defendants' Affirmative Defenses filed by Covidien LP, Medtronic, Inc. (gb) |
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Filing 41
ORDER granting #40 Motion for Leave to File Sur-Reply re #32 Motion to Strike. Signed by Magistrate Judge Alistair Newbern on 7/27/18. (gb)
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| Filing 40 MOTION for Leave to File Sur-Reply re #32 Motion to Strike by Covidien LP, Medtronic, Inc. (Attachments: #1 Exhibit Sur-Reply)(Kimerling, Whitney) Modified text on 7/25/2018 (gb). |
| Filing 39 REPLY to Response to Motion re #32 MOTION to Strike Defendants' Affirmative Defenses filed by Amy Turner Griffin, Kai Garrett Griffin. (gb) |
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Filing 38
ORDER granting #36 Motion for Leave to File Reply to Defendants' Response to Plaintiffs' Motion to Strike. Signed by Magistrate Judge Alistair Newbern on 7/11/18. (gb)
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| Filing 37 RESPONSE in Opposition re #35 MOTION to Amend/Correct Their Answer to Plaintiffs' Complaint and Affirmative Defenses filed by Amy Turner Griffin, Kai Garrett Griffin. (Attachments: #1 Exhibit 1 - DeBakker v. Hanger Prosthetics)(Clayton, Daniel) |
| Filing 36 MOTION for Leave to to File Reply to Defendants' Response to Plaintiffs' Motion to Strike re #34 Response to Motion by Amy Turner Griffin, Kai Garrett Griffin. (Attachments: #1 Exhibit 1 - Proposed Reply)(Clayton, Daniel) |
| Filing 35 MOTION to Amend/Correct Their Answer to Plaintiffs' Complaint and Affirmative Defenses by Covidien LP, Medtronic, Inc. (Attachments: #1 Exhibit First Amended Answer, #2 Exhibit Proposed Order)(Kimerling, Whitney) |
| Filing 34 RESPONSE to Motion re #32 MOTION to Strike Defendants' Affirmative Defenses in the Answer of Medtronic, Inc. and Covidien LP filed by Covidien LP, Medtronic, Inc. (Kimerling, Whitney) |
| Filing 33 MEMORANDUM in Support of #32 MOTION to Strike Defendants' Affirmative Defenses filed by Amy Turner Griffin, Kai Garrett Griffin. (Attachments: #1 Exhibit A - Defendants' Initial Disclosures)(Clayton, Daniel) |
| Filing 32 MOTION to Strike Defendants' Affirmative Defenses by Amy Turner Griffin, Kai Garrett Griffin. (Clayton, Daniel) |
| Filing 31 ANSWER to Complaint and Affirmative Defenses by Covidien LP, Medtronic, Inc. (Kimerling, Whitney) |
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Filing 30
MEMORANDUM OPINION AND ORDER denying #5 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/14/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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Filing 29
ORDER: Jury Trial set for 2/18/2020 09:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Exhibit List due by 2/3/2020. Witness List due by 2/3/2020. Pretrial Conference set for 2/10/2020 10:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Joint Proposed Pretrial Order due by 2/3/2020. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/24/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 28
INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 9/14/2018. Discovery due by 2/14/2019. Dispositive Motions due by 9/9/2019. Telephone Conference set for 1/7/2019 10:00 AM before Magistrate Judge Alistair Newbern. Signed by Magistrate Judge Alistair Newbern on 4/18/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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| Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Initial Case Management Conference held on 4/18/2018. (tm) |
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Filing 27
ORDER granting #26 Motion to Continue. The Initial Case Management Conference is RESET for April 18, 2018, at 9:30 a.m. in Courtroom 774 before Magistrate Judge Alistair E. Newbern. Signed by Magistrate Judge Alistair Newbern on 3/28/18. (gb)
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| Set/Reset Hearings: Case Management Conference RESET for 4/18/2018 at 09:30 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (gb) |
| Filing 26 Joint MOTION to Continue Initial Case Management Conference by Covidien LP, Medtronic, Inc.. (Attachments: #1 Exhibit Proposed Order)(Kimerling, Whitney) |
| Filing 25 NOTICE of Hearing: Case Management Conference RESET for 4/4/2018 at 11:00 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (gb) |
| Filing 24 PROPOSED CASE MANAGEMENT ORDER Submitted by All Parties filed by Amy Turner Griffin, Kai Garrett Griffin. (Teitenberg, Jonathan) |
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Filing 23
ORDER: The parties have filed a Stipulation of Dismissal ( #22 ) in regard to defendants MedTronic PLC and Covidien PLC. Accordingly, this action is DISMISSED without prejudice against MedTronic PLC and Covidien PLC. Claims against the remaining defendants are still pending. Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/6/18. (gb)
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| Filing 22 STIPULATION of Dismissal by Covidien LP, Covidien PLC, Medtronic PLC, Medtronic, Inc.. (Kimerling, Whitney) |
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Filing 21
ORDER granting #13 Motion for Bryan Pratt to Appear Pro Hac Vice. Signed by Magistrate Judge Alistair Newbern on 2/28/18. (gb)
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Filing 20
ORDER granting #14 Motion for Laura B. Lawson to Appear Pro Hac Vice. Signed by Magistrate Judge Alistair Newbern on 2/28/18. (gb)
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| Filing 19 RECEIPT #34675049362 in the amount of $75 re #13 Motion to Appear Pro Hac Vice. (gb) |
| Filing 18 RECEIPT #34675049363 in the amount of $75 re #14 Motion to Appear Pro Hac Vice. (gb) |
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Filing 17
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/21/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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Filing 16
ORDER granting #15 Motion for Extension of Time to File. Medtronic PLC and Covidien PLC have until and including March 2, 2018 to file any required responsive pleading. Signed by Magistrate Judge Alistair Newbern on 2/20/18. (gb)
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| NOTE TO FILER re: DE #15 . This document has been scanned. Documents generated from a word processor (Word of WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Document must be text searchable. You do not have to refile this document, however, future scanned pleadings of this nature may require refiling. (gb) |
| MO State Bar status verified as active for Laura Lawson and Bryan Pratt. (gb) |
| Filing 15 MOTION for Extension of Time to File Responsive Pleading and Limited Notice of Appearance by Covidien PLC, Medtronic PLC. (Attachments: #1 Exhibit Proposed Order)(Kimerling, Whitney) |
| Filing 14 MOTION for attorney(s) Laura B. Lawson to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Covidien LP, Medtronic, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Kimerling, Whitney) |
| Filing 13 MOTION for attorney(s) Bryan Pratt to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Covidien LP, Medtronic, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Kimerling, Whitney) |
| Filing 12 RESPONSE in Opposition re #5 MOTION to Dismiss for Failure to State a Claim filed by Amy Turner Griffin, Kai Garrett Griffin. (Attachments: #1 Exhibit A - Westfield Ins. Co. v. Broan-Nutone, #2 Exhibit B - Westfield complaint)(Clayton, Daniel) |
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Filing 11
ORDER OF RECUSAL. District Judge William L. Campbell, Jr recused. Case reassigned to Chief Judge Waverly D. Crenshaw, Jr for all further proceedings. Signed by District Judge William L. Campbell, Jr on 2/9/18. (gb)
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| TN State Bar status verified as active for Jonathan Frederick Teitenberg. (gb) |
| Filing 10 NOTICE of Appearance by Jonathan Frederick Teitenberg on behalf of All Plaintiffs (Teitenberg, Jonathan) |
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Filing 9
ORDER: On January 26, 2018, Defendants Medtronic, Inc. and Covidien LP filed a motion to dismiss. ( #5 ) Pursuant to Local Rule 7.01(b), any response is to be filed within 14 days after service of the motion. No reply shall be filed without leave of Court. Any filings made related to the motion to dismiss, including motions for extensions of time or to exceed page limits, shall be decided by Judge Campbell unless referred to the undersigned magistrate judge. Signed by Magistrate Judge Alistair Newbern on 1/29/18. (gb)
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Filing 8
ORDER granting #7 Motion for Extension of Time to File a Responsive Pleading. It is accordingly, ORDERED that Medtronic PLC and Covidien PLC have until and including February 16, 2018, to file any required responsive pleading. Signed by Magistrate Judge Alistair Newbern on 1/29/18. (gb)
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| Filing 7 MOTION for Extension of Time to File Responsive Pleading and Limited Notice of Appearance by Covidien PLC, Medtronic PLC. (Attachments: #1 Exhibit Proposed Order)(Kimerling, Whitney) |
| Filing 6 MEMORANDUM in Support of #5 MOTION to Dismiss for Failure to State a Claim filed by Covidien LP, Medtronic, Inc. . (Kimerling, Whitney) |
| Filing 5 MOTION to Dismiss for Failure to State a Claim by Covidien LP, Medtronic, Inc.. (Kimerling, Whitney) |
| Filing 4 NOTICE of Initial Case Management Conference set for 3/26/2018 at 11:00 AM in Courtroom 776 before Magistrate Judge Alistair Newbern. (gb) |
| Filing 3 NOTICE of Corporate Disclosure Statement filing requirement. (gb) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (gb) |
| TN State Bar status verified as active for J. Randolph Bibb, Jr, Whitney H. Kimerling, Daniel L. Clayton and Mary Ellen Morris. (gb) |
| Filing 1 NOTICE OF REMOVAL by Covidien LP and Medtronic, Inc. from Davidson County Circuit Court, case number 17C3142. (Filing fee paid $400 receipt number 0650-2594188) (Attachments: #1 Exhibit A - State Court File, #2 Exhibit B - Notice to Court of Filing of Removal, #3 Attachment Civil Cover Sheet)(gb) |
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