The Estate of Vickie Jean Battle v. East Alabama Medical Center et al
| The Estate of Vickie Jean Battle |
| East Alabama Medical Center, East Alabama Medical Foundation, Todd Michael Sheils, Stephen R Bryan, Johnson & Johnson Healthcare System and Kindred Hospice Services LLC |
| Special Master |
| 3:2021cv01488 |
| June 25, 2021 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Health Care/Pharmaceutical Pers Inj/Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on June 25, 2021. A more recent docket listing may be available from PACER.
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| Filing 19 Case electronically transferred in from District of Alabama Middle; Case Number 3:21-cv-00339. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
Filing 18
ORDER LIFTING the stay previously entered in this case, as further set out in order. Signed by Chief Judge Emily C. Marks on 6/25/2021. (djy, ) [Transferred from Alabama Middle on 6/25/2021.]
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| Filing 17 Received certified copy of transfer ORDER entered on 6/16/2021 by the Judicial Panel on Multidistrict Litigation transferring this action to USDC Northern District of Texas. (djy, ) [Transferred from Alabama Middle on 6/25/2021.] |
| Case transferred to Northern District of Texas. Transferred electronically via CM/ECF to Clerk. (djy, ) [Transferred from Alabama Middle on 6/25/2021.] |
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Filing 16
ORDER: Now pending before the Court is Defendant Johnson & Johnson HealthcareSystems, Inc.'s motion to stay (doc. #4 ) pending transfer to the Multi-District Litigation proceeding MDL No. 2244 filed on May 12, 2021. The Plaintiff filed no opposition to the motion to stay. Accordingly, upon consideration of the motion, and for good cause, it is ORDERED that the motion to stay (doc. #4 ) is GRANTED, and this matter is STAYED pending further order of the Court. Beginning on July 1, 2021, the Defendant shall file a status report every 30 days concerning the status of a decision in MDL No. 2244 on whether this case will be transferred. The monthly status report shall be filed no later than the fifth (5th) day of each month. Signed by Chief Judge Emily C. Marks on 6/9/2021. (dmn, ) [Transferred from Alabama Middle on 6/25/2021.]
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| Filing 15 Corporate/Conflict Disclosure Statement by The Estate of Vickie Jean Battle. (Brown, David) [Transferred from Alabama Middle on 6/25/2021.] |
| Filing 14 NOTICE of Motion to Transfer by Johnson & Johnson Healthcare System (Attachments: #1 Exhibit A)(Babington, Joseph) [Transferred from Alabama Middle on 6/25/2021.] |
| Filing 13 NOTICE OF NON-OPPOSITION TO DEFENDANT'S #1 REMOVAL AND SEVERANCE filed in RESPONSE TO #6 ORDER TO SHOW CAUSE by The Estate of Vickie Jean Battle. (Brown, David) Modified on 5/28/2021 to clean up text and reflect actual title. (dmn, ) [Transferred from Alabama Middle on 6/25/2021.] |
| Filing 12 Corporate/Conflict Disclosure Statement by East Alabama Medical Center, East Alabama Medical Foundation. (Jackson, Joshua) [Transferred from Alabama Middle on 6/25/2021.] |
| Filing 11 Corporate/Conflict Disclosure Statement by Johnson & Johnson Healthcare System. (Babington, Joseph) [Transferred from Alabama Middle on 6/25/2021.] |
| Filing 10 Corporate/Conflict Disclosure Statement by Kindred Hospice Services, LLC. (Ross, Karen) [Transferred from Alabama Middle on 6/25/2021.] |
| Filing 9 Case reassigned to Chief Judge Emily C. Marks as presiding judge and Honorable Judge Jerusha T. Adams as referral judge. Honorable Judge Jerusha T. Adams no longer assigned to the case as presiding judge. (bes, ) [Transferred from Alabama Middle on 6/25/2021.] |
| Motions No Longer Referred: #4 MOTION to Stay Pending Transfer to MDL, MOTION to Dismiss MOTION to Transfer Case to the Circuit Court of Lee County, Alabama, MOTION to Dismiss MOTION to Change Venue MOTION for More Definite Statement, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Change Venue MOTION for More Definite Statement (No PDF attached to this entry) (bes, ) [Transferred from Alabama Middle on 6/25/2021.] |
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Filing 8
ORDER: The parties in this case have been notified that this case has been assigned to a Magistrate Judge. (Doc. #2 ). Each party has the right to consent or request reassignment of this matter to a district judge. Accordingly, it is ORDERED that the parties should now make their selection in writing to consent or request reassignment. The parties are DIRECTED to complete the appropriate attached form so that the form is received by the Clerk on or before 6/21/2021 as further set out in the order. Signed by Honorable Judge Jerusha T. Adams on 5/18/2021. (dmn, ) [Transferred from Alabama Middle on 6/25/2021.]
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| Filing 7 NOTICE of Appearance by David Lee Brown, Jr on behalf of The Estate of Vickie Jean Battle (Brown, David) [Transferred from Alabama Middle on 6/25/2021.] |
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Filing 6
ORDER: Before the court is Defendant Johnson & Johnson Healthcare System, Inc.'s Motion to Stay (Doc. No. #4 ) filed on 5/12/2021. Upon consideration of the motion and for good cause shown, it is ORDERED that on or before 5/28/2021, the plaintiffs and other named defendants shall show cause in writing why the motion should not be granted. Signed by Honorable Judge Jerusha T. Adams on 5/14/2021. (dmn, ) [Transferred from Alabama Middle on 6/25/2021.]
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| Filing 5 Case reassigned to Honorable Judge Jerusha T. Adams. Honorable Judge Kelly F. Pate no longer assigned to the case as presiding judge. (dmn, ) (Main Document 5 replaced on 5/14/2021) (dmn, ). [Transferred from Alabama Middle on 6/25/2021.] |
| Motions No Longer Referred due to case reassignment: #4 MOTION to Stay Pending Transfer to MDL, MOTION to Dismiss MOTION to Transfer Case to the Circuit Court of Lee County, Alabama, MOTION to Dismiss MOTION to Change Venue MOTION for More Definite Statement, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Change Venue MOTION for More Definite Statement (dmn, ) (no pdf) [Transferred from Alabama Middle on 6/25/2021.] |
| CONSENT to #1 Notice of Removal, by Kindred Hospice Services, LLC. (dmn, ) (no pdf, see Doc. #3 for pdf; incorrect civil event selected when originally filed) [Transferred from Alabama Middle on 6/25/2021.] |
| Filing 4 MOTION to Stay Pending Transfer to MDL by Johnson & Johnson Healthcare System. (Babington, Joseph) [Transferred from Alabama Middle on 6/25/2021.] |
| Filing 3 NOTICE by Johnson & Johnson Healthcare System re #1 Notice of Removal,, Consent of Kindred Hospice Services to Removal (Babington, Joseph) [Transferred from Alabama Middle on 6/25/2021.] |
| Filing 2 NOTICE of Assignment to Magistrate Judge sent to counsel for East Alabama Medical Center, East Alabama Medical Foundation, Johnson & Johnson Healthcare System, Kindred Hospice Services, LLC, Todd Michael Sheils, The Estate of Vickie Jean Battle. (dmn, ) [Transferred from Alabama Middle on 6/25/2021.] |
| Filing 1 NOTICE OF REMOVAL by Johnson & Johnson Healthcare System from Circuit Court of Macon County, Alabama, case number 46-CV-2021-900038.00. ( Filing fee $ 402.00 receipt number 4602063217) (Attachments: #1 Exhibit 1, Copy of all Pleadings and Other Documents filed in State Court, #2 Exhibit 2, Motion to Dismiss, or in the Alternative Motion to Transfer Venue, and Motion for More Definite Statement filed in Circuit Court of Macon County, AL, #3 Civil Cover Sheet, #4 Filing Fee Receipt, #5 State Court Complaint) (dmn, ) [Transferred from Alabama Middle on 6/25/2021.] |
| DEMAND for Trial by Jury by The Estate of Vickie Jean Battle. (dmn, ) (no pdf, see Doc. #1 for pdf) [Transferred from Alabama Middle on 6/25/2021.] |
| COMPLAINT against Stephen R. Bryan, East Alabama Medical Center, East Alabama Medical Foundation, Johnson & Johnson Healthcare System, Kindred Hospice, filed by The Estate of Vickie Jean Battle.(dmn, ) (no pdf, see Doc. #1 for pdf) [Transferred from Alabama Middle on 6/25/2021.] |
| MOTION to Dismiss, or in the Alternative MOTION to Transfer Venue, and MOTION for More Definite Statement by Kindred Hospice Services, LLC. (dmn, ) (no pdf, see Doc. #1 for pdf) [Transferred from Alabama Middle on 6/25/2021.] |
| NOTICE of Appearance by Carrie M. Motes on behalf of Kindred Hospice Services, LLC. (dmn, ) (no pdf, see Doc. #1 for pdf) [Transferred from Alabama Middle on 6/25/2021.] |
| MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the Alternative, MOTION to Change Venue, and MOTION for a More Definite Statement by East Alabama Medical Center, East Alabama Medical Foundation. (dmn, ) (no pdf, see Doc. #1 for pdf) [Transferred from Alabama Middle on 6/25/2021.] |
| MOTION to Dismiss, or in the Alternative, MOTION to Transfer Case to the Circuit Court of Lee County, Alabama by Todd Michael Sheils. (dmn, ) (no pdf, see Doc. #1 for pdf) [Transferred from Alabama Middle on 6/25/2021.] |
| NOTICE of Appearance by Karen Marsh Ross on behalf of Kindred Hospice Services, LLC. (dmn, ) (no pdf, see Doc. #1 for pdf) [Transferred from Alabama Middle on 6/25/2021.] |
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