Harrison et al v. Medtronic Inc
| Dennis Harrison and Susan Harrison |
| Medtronic, Inc., North Texas Critical Care, Michael Christopher Couch, Urgent Surgery Associates PA and Medtronic Inc |
| ADR Provider |
| 3:2020cv01407 |
| June 1, 2020 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Karen Gren Scholer |
| Brantley Starr |
| Torts/Pers Inj: Health Care/Pharmaceutical Pers Inj/Product Liability |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| Both |
Docket Report
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This docket was last retrieved on February 28, 2022. A more recent docket listing may be available from PACER.
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Filing 67
Costs Taxed in amount of $ 1,341.41 against Medtronic, Inc. (ykp)
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Filing 66
NOTICE OF APPEAL as to #62 Order on Motion to Dismiss, #64 Judgment, to the Fifth Circuit by Dennis Harrison, Susan Harrison. Filing fee $505, receipt number 0539-12622680. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Houssiere, Charles)
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Filing 65
BILL OF COSTS by Medtronic Inc. (Attachments: #1 Exhibit(s)) (Ahmad, Scott)
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Filing 64
FINAL JUDGMENT: It is ORDERED that Plaintiffs Dennis Harrison and Susan Harrison take nothing by their claims against Defendant Medtronic, Inc and that those claims are DISMISSED WITH PREJUDICE. Court costs are taxed against Plaintiffs. (Ordered by Judge Karen Gren Scholer on 1/27/2022) (mjr)
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Filing 63
ELECTRONIC ORDER: As a result of the Court's #62 Order granting #48 Defendant Medtronic, Inc.'s Motion to Dismiss Plaintiffs' Third Amended Complaint, the Court TERMINATES AS MOOT #52 Defendant Medtronic, Inc.'s No Evidence Motion for Summary Judgment; #56 Plaintiffs' Motion to Extend Expert Designation Deadline; #57 Plaintiffs' Motion for Continuance of Medtronic's No Evidence Motion for Summary Judgment; and #60 Defendant Medtronic's Motion to Strike Plaintiffs' Untimely Expert Designations. (Ordered by Judge Karen Gren Scholer on 1/27/2022) (chmb)
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Filing 62
ORDER granting #48 Motion to Dismiss Plaintiff's Third Amended Complaint. (Ordered by Judge Karen Gren Scholer on 1/27/2022) (mjr)
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Filing 61
REPLY filed by Dennis Harrison re: #60 MOTION to Strike #55 Designation of Experts (with Combined Response to Pltfs' #56 Motion to Extend Expert Designation Deadline & #57 Motion for Continuance of Medtronic's No Evidence Motion for Summary Judgment (Kauffman, Randal)
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Filing 60
MOTION to Strike #55 Designation of Experts (with Combined Response to Pltfs' #56 Motion to Extend Expert Designation Deadline & #57 Motion for Continuance of Medtronic's No Evidence Motion for Summary Judgment filed by Medtronic Inc (Ahmad, Scott)
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Filing 59
REPLY filed by Medtronic Inc re: #52 MOTION for Summary Judgment (Ahmad, Scott)
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Filing 58
***Please Disregard - Duplicate Entry of Document #57 *** MOTION for Continuance Medtronic's No Evidence Motion for Summary Judgment; and RESPONSE to #52 Motion for Summary Judgment filed by Dennis Harrison. (Attachments: #1 Proposed Order, #2 Proposed Order) (Kauffman, Randal) Modified text on 12/10/2021 (axm).
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Filing 57
MOTION for Continuance Medtronic's No Evidence Motion for Summary Judgment; and RESPONSE to #52 Motion for Summary Judgment, filed by Dennis Harrison (Attachments: #1 Proposed Order, #2 Proposed Order) (Kauffman, Randal) Modified event and text on 12/7/2021 (ygl).
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Filing 56
MOTION to Extend Designation Deadline filed by Dennis Harrison (Attachments: #1 Proposed Order) (Kauffman, Randal) Modified event on 12/7/2021 (ygl).
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Filing 55
Plaintiffs' Designation of Experts filed by Dennis Harrison, Susan Harrison (Kauffman, Randal) Modified event text and filers on 12/7/2021 (axm).
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Filing 54
REPLY filed by Medtronic Inc re: #48 MOTION to Dismiss Plaintiffs' Third Amended Complaint (Ahmad, Scott)
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Filing 53
Brief/Memorandum in Support filed by Medtronic Inc re #52 MOTION for Summary Judgment (Ahmad, Scott)
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Filing 52
MOTION for Summary Judgment filed by Medtronic Inc (Attachments: #1 Proposed Order) (Ahmad, Scott)
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Filing 51
Brief/Memorandum in Support filed by Dennis Harrison re #50 Response/Objection (Kauffman, Randal)
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Filing 50
RESPONSE filed by Dennis Harrison re: #48 MOTION to Dismiss Plaintiffs' Third Amended Complaint (Kauffman, Randal)
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Filing 49
Brief/Memorandum in Support filed by Medtronic Inc re #48 MOTION to Dismiss Plaintiffs' Third Amended Complaint (Attachments: #1 Exhibit A) (Ahmad, Scott)
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Filing 48
MOTION to Dismiss Plaintiffs' Third Amended Complaint filed by Medtronic Inc (Attachments: #1 Proposed Order) (Ahmad, Scott)
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Filing 47
AMENDED COMPLAINT WITH JURY DEMAND against Medtronic Inc filed by Dennis Harrison. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Houssiere, Charles)
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Filing 46
MEMORANDUM OPINION AND ORDER granting #37 Motion to Dismiss Plaintiffs' Amended Complaint. The Court GRANTS Plaintiffs leave to file an amended complaint by 10/11/2021. If an amended complaint is not filed within such time, this action will be dismissed with prejudice. (Ordered by Judge Karen Gren Scholer on 9/20/2021) (axm) (Main Document 46 replaced with a text searchable doc on 9/21/2021) (ali).
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Filing 45
ORDER granting #44 Joint Motion to Extend Time to Designate Experts. All other unexpired deadlines in the 12/1/2021 Amended Scheduling Order shall remaining force. All relief not expressly granted herein is denied. (Ordered by Judge Karen Gren Scholer on 9/13/2021) (ykp)
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Filing 44
Joint MOTION for Extension of Time to File Designate Experts filed by Dennis Harrison (Attachments: #1 Proposed Order) (Kauffman, Randal)
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Filing 43
REPLY filed by Medtronic Inc re: #37 Motion to Dismiss for Failure to State a Claim (Ahmad, Scott)
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Filing 42
Brief/Memorandum in Support filed by Dennis Harrison, Susan Harrison re #41 Response/Objection to Medtronic's Motion to Dismiss (Houssiere, Charles)
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Filing 41
RESPONSE filed by Dennis Harrison, Susan Harrison re: #37 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Proposed Order Proposed Order Denying Medtronic's Motion to Dismiss) (Houssiere, Charles)
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Filing 40
ELECTRONIC ORDER: As a result of Plaintiffs' filing of the #32 Amended Complaint, pursuant to the Court's November 19, 2020 30 Electronic Order granting leave, the Court TERMINATES AS MOOT #17 Defendant Medtronic, Inc.'s Motion to Dismiss. (Ordered by Judge Karen Gren Scholer on 12/16/2020) (chmb)
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Filing 39
Appendix in Support filed by Medtronic Inc re #38 Brief/Memorandum in Support of Motion (Ahmad, Scott)
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Filing 38
Brief/Memorandum in Support filed by Medtronic Inc re #37 Motion to Dismiss for Failure to State a Claim (Ahmad, Scott)
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Filing 37
Motion to Dismiss for Failure to State a Claim filed by Medtronic Inc (Attachments: #1 Proposed Order) (Ahmad, Scott)
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Filing 36
NOTICE of Attorney Appearance by Dion Jared Robbins on behalf of Medtronic Inc. (Filer confirms contact info in ECF is current.) (Robbins, Dion)
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Filing 35
AMENDED SCHEDULING ORDER: Amended Pleadings due by 3/1/2021. Joinder of Parties due by 4/1/2021. Motions due by 2/7/2022. Discovery due by 1/7/2022. Pretrial Conference reset for 6/9/2022 at 1:30 PM before Judge Karen Gren Scholer. This case is reset for jury trial on the Court's three-week docket beginning 6/20/2022 before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 12/4/2020) (twd)
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Filing 34
ORDER REFERRING CASE TO MEDIATION. The Court ORDERS this case to mediation before Craig W Phillips. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Mediation shall be in person or by videoconference, as directed by the Mediator, and completed by 90 days before trial. (Ordered by Judge Karen Gren Scholer on 12/4/2020) (twd)
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Filing 33
Proposal for contents of scheduling and discovery order by Dennis Harrison, Susan Harrison. (Houssiere, Charles)
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Filing 32
AMENDED COMPLAINT WITH JURY DEMAND against Medtronic Inc filed by Susan Harrison, Dennis Harrison. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Houssiere, Charles)
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Filing 31
ORDER granting Defendant Medtronic Inc's #29 Agreed Motion for Leave to Withdraw as Counsel. Maria R. Marek from the law is granted to leave to withdraw as counsel for Defendant Medtronic Inc. (Ordered by Judge Karen Gren Scholer on 11/20/2020) (twd)
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Filing 30
ELECTRONIC ORDER: As stated on the record during the November 19, 2020 status conference, Plaintiffs are granted leave to file an amended complaint if they deem necessary and, if so, shall file their amended complaint, if any, on or before December 3, 2020. Further, in response to the parties' request to confer about their scheduling order due to the recent transfer of this case to this Court, the parties are directed to submit or file a proposed agreed Amended Scheduling Order by December 3, 2020, based on: http://www.txnd.uscourts.gov/sites/default/files/documents/ScholerSO.doc. (Ordered by Judge Karen Gren Scholer on 11/19/2020) (chmb)
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Filing 29
Agreed MOTION to Withdraw as Attorney (Maria R. Marek) filed by Medtronic Inc (Attachments: #1 Proposed Order) (Ahmad, Scott)
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Filing 28
ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Telephonic Status Conference held on 11/19/2020. Attorney Appearances: Plaintiff - Charles Houssiere, III; Defense - Scott Ahmad. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - :39. (TUB)
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Hearing/Deadline Modification: Hearing set per 27 Electronic Order. Status Conference set via Zoom for 11/19/2020 01:30 PM before Judge Karen Gren Scholer. (axm)
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Filing 27
ELECTRONIC ORDER: The Court sets this case for a status conference on November 19, 2020, at 1:30 p.m., which shall be conducted by Zoom video-teleconference. Log-in information will be circulated to counsel via email. (Ordered by Judge Karen Gren Scholer on 11/15/2020) (chmb)
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Filing 26
ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Brantley Starr no longer assigned to case. (Ordered by Judge Brantley Starr on 11/13/2020) (mjr)
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Filing 25
SCHEDULING ORDER: Jury Trial set for two-week docket beginning 2/7/2022 10:00 AM before Judge Brantley Starr. Pretrial Conference set for 1/31/2022 10:00 AM before Judge Brantley Starr. Joinder of Parties due by 4/1/2021. Plaintiff's Amended Pleadings due by 3/1/2021. Defendant's Amended Pleadings due by 3/15/2021. Deadline for mediation is on or before 8/29/2021. Discovery due by 8/15/2021. Status Report due by 9/6/2021. Motions due by 9/13/2021. Pretrial Order due by 1/24/2022. Pretrial Materials due by 1/24/2022. (Ordered by Judge Brantley Starr on 11/12/2020) (axm)
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Filing 24
Proposal for contents of scheduling and discovery order by Dennis Harrison, Susan Harrison. (Houssiere, Charles)
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Filing 23
ELECTRONIC ORDER: The Court previously ordered the parties to meet and confer in order to propose a scheduling order [Doc. No. 14]. That Proposed Scheduling Report was due by September 4, 2020. The Court ORDERS the parties to file the scheduling report or show cause for failure to file by November 13, 2020. (Ordered by Judge Brantley Starr on 11/6/2020) (chmb)
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Filing 22
REPLY filed by Medtronic Inc re: #17 MOTION to Dismiss (Ahmad, Scott)
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Filing 21
Brief/Memorandum in Support filed by Dennis Harrison, Susan Harrison re #20 Response/Objection to Medtronic, Inc.'s Motion to Dismiss (Houssiere, Charles)
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Filing 20
RESPONSE filed by Dennis Harrison, Susan Harrison re: #17 MOTION to Dismiss (Attachments: #1 Proposed Order Proposed Order Denying Defendant Medtronic, Inc.'s Motion to Dismiss) (Houssiere, Charles)
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Filing 19
Appendix in Support filed by Medtronic Inc re #18 Brief/Memorandum in Support of Motion (Ahmad, Scott)
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Filing 18
Brief/Memorandum in Support filed by Medtronic Inc re #17 MOTION to Dismiss (Ahmad, Scott)
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Filing 17
MOTION to Dismiss filed by Medtronic Inc (Attachments: #1 Proposed Order) (Ahmad, Scott)
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Answer due from Medtronic Inc on 8/7/2020 per 16 Order. (ykp)
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Filing 16
ELECTRONIC ORDER granting #15 Motion for Extension of Time to File Answer. Defendant Medtronic, Inc.'s deadline to answer or otherwise respond to the Plaintiffs' complaint is August 7, 2020. (Ordered by Judge Brantley Starr on 7/23/2020) (chmb)
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Filing 15
Agreed MOTION for Extension of Time to File Responsive Pleading filed by Medtronic Inc (Attachments: #1 Proposed Order) (Ahmad, Scott)
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Filing 14
Order for Scheduling Order Proposal: Proposed Scheduling Order due by 9/4/2020. (Ordered by Judge Brantley Starr on 7/21/2020) (ndt)
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Filing 13
AMENDED COMPLAINT WITH JURY DEMAND against Medtronic Inc filed by Susan Harrison, Dennis Harrison. (One or more defendant(s) is no longer named.) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Houssiere, Charles)
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Filing 12
ELECTRONIC ORDER: This case was removed from the 298th Judicial District Court, Dallas County, TX, on June 1, 2020. Unless Plaintiff moves to remand, Plaintiff shall file an amended complaint within 21 days (by July 10, 2020) that complies with Federal Rule of Civil Procedure 8. Defendant shall answer or otherwise respond to the amended complaint 14 days after the amended complaint is filed, in accordance with Rule 15(a)(3). The Court will then issue a meet and confer order. (Ordered by Judge Brantley Starr on 6/19/2020) (chmb)
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Filing 11
ELECTRONIC ORDER granting #8 Application for Admission Pro Hac Vice of Scott Ahmad. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 6/17/2020) (chmb)
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Filing 10
ELECTRONIC ORDER granting #7 Application for Admission Pro Hac Vice of Maria Marek. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 6/17/2020) (chmb)
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Filing 9
ELECTRONIC ORDER granting #6 Application for Admission Pro Hac Vice of Randal A. Kauffman. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 6/17/2020) (chmb)
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Filing 8
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10915812) filed by Medtronic Inc (Attachments: #1 Additional Page(s) Certificate of Good Standing)Attorney Scott M Ahmad added to party Medtronic Inc(pty:dft) (Ahmad, Scott)
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Filing 7
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10915689) filed by Medtronic Inc (Attachments: #1 Additional Page(s) Certificate of Good Standing)Attorney Maria Marek added to party Medtronic Inc(pty:dft) (Marek, Maria)
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Filing 6
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10912214) filed by Dennis Harrison, Susan Harrison (Attachments: #1 Exhibit(s) Certificate of Good Standing) (Kauffman, Randal)
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Filing 5
NOTICE of Attorney Appearance by Tanja K Martini on behalf of Dennis Harrison. (Filer confirms contact info in ECF is current.) (Martini, Tanja)
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Filing 4
ELECTRONIC ORDER: The Court ORDERS plaintiffs counsels-of-record to appoint local counsel, in accordance with Local Rule 83.10, by July 13, 2020. The Court also ORDERS all counsels-of-record not admitted to practice in this district to apply for admission pro hac vice, in accordance with Local Rule 83.9, by July 13, 2020. (Ordered by Judge Brantley Starr on 6/11/2020) (chmb)
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Filing 3
Court Request for Recusal: Senior Judge A. Joe Fish recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Brantley Starr for all further proceedings. Future filings should indicate the case number as: 3:20-cv-1407-X. (ctf)
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Filing 2
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (hml)
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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT (See Document #1 for image) by Medtronic Inc identifying Corporate Parent/Other Affiliate Medtronic plc for Medtronic Inc. (hml)
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Filing 1
NOTICE OF REMOVAL WITH JURY DEMAND from 298th District Court, Dallas County, case number DC-19-12367 filed by Medtronic, Inc.. (Filing fee $400; receipt number 0539-10878183) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) 1 - 2020-03-02 Responses to RFD - Dr. Couch, #2 Exhibit(s) 2 - Index of Documents, #3 Exhibit(s) 3 - Docket Sheet, #4 Exhibit(s) 4 - Pleadings Cover Page, #5 Additional Page(s), #6 Additional Page(s), #7 Additional Page(s), #8 Additional Page(s), #9 Additional Page(s), #10 Additional Page(s), #11 Additional Page(s), #12 Additional Page(s), #13 Additional Page(s), #14 Additional Page(s), #15 Additional Page(s), #16 Additional Page(s), #17 Additional Page(s), #18 Additional Page(s), #19 Additional Page(s), #20 Additional Page(s), #21 Additional Page(s), #22 Additional Page(s), #23 Additional Page(s), #24 Additional Page(s), #25 Additional Page(s), #26 Additional Page(s), #27 Additional Page(s), #28 Additional Page(s), #29 Additional Page(s), #30 Additional Page(s), #31 Additional Page(s), #32 Additional Page(s), #33 Additional Page(s), #34 Additional Page(s), #35 Additional Page(s), #36 Additional Page(s), #37 Additional Page(s), #38 Additional Page(s), #39 Additional Page(s), #40 Additional Page(s), #41 Additional Page(s), #42 Additional Page(s), #43 Additional Page(s), #44 Additional Page(s), #45 Additional Page(s), #46 Additional Page(s), #47 Additional Page(s), #48 Additional Page(s), #49 Additional Page(s), #50 Additional Page(s), #51 Exhibit(s) 5 - Certificate of Interested Persons, #52 Exhibit(s) 6 - State Court Notice of Filing of Notice of Removal, #53 Cover Sheet, #54 Cover Sheet Supplement, #55 Cover Sheet Supplement) (Eash, Katrina)
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