Hirschfield v. Johnson & Johnson et al
| Heather Hirschfield |
| Johnson & Johnson, Ethicon Inc, Mentor Worldwide LLC, Mentor Texas LP, M.D. Eric Schaffer and Eric Schaffer |
| 3:2023cv01404 |
| June 23, 2023 |
| 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 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on August 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 26 STIPULATION OF DISMISSAL OF ERIC SCHAFFER, M.D. WITHOUT PREJUDICE UNDER RULE 41(a)(1)(A)(ii) by Heather Hirschfield. (Reilly, Marion) |
Filing 25
ELECTRONIC ORDER: The Court is in receipt of Plaintiff's Motion for Voluntary Dismissal of Eric Schaffer, M.D. Without Prejudice ("Motion for Voluntary Dismissal"). Doc. No. 24. Upon consideration of the same, the Court hereby orders Defendants Mentor Worldwide LLC, Mentor Texas, L.P., and Ethicon, Inc. (the "Responding Defendants") to address in their response to Plaintiff's pending Motion to Remand, Doc. No. 19, (1) the effect, if any, of Plaintiff's Motion to Remand on the Court's jurisdiction to dismiss Defendant Schaffer from this action and (2) the effect, if any, of Plaintiff's Motion for Voluntary Dismissal on the merits of Plaintiff's Motion to Remand. The Court hereby extends the Responding Defendants' deadline to file their response to Plaintiff's Motion to Remand until August 24, 2023 and grants the Responding Defendants permission to file a response totaling no more than twenty-nine pages. The Court further grants Plaintiff permission to file a reply to the Responding Defendants' response totaling no more than fourteen pages. Plaintiff shall file her reply no later than August 31, 2023. (Ordered by Judge Ed Kinkeade on 8/17/2023) (chmb)
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| Filing 24 Motion for Voluntary Dismissal of Eric Schaffer, M.D. without Prejudice filed by Heather Hirschfield (Attachments: #1 Proposed Order Granting) (Reilly, Marion) Modified on 8/17/2023 (chmb). Modified on 8/17/2023 (chmb). |
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Filing 23
ELECTRONIC ORDER - Before the Court is Defendant Mentor Worldwide LLC, Mentor Texas L.P. and Ethicon Inc.'s Unopposed Motion to Extend Time to File Opposition to Plaintiffs Motion to Remand (the "Motion"). Doc. No. 22. The Court GRANTS the Motion. Defendants Mentor Worldwide LLC, Mentor Texas, L.P., and Ethicon, Inc. shall respond to Plaintiff's Motion to Remand, Doc. No. 19, by August 18, 2023. (Ordered by Judge Ed Kinkeade on 8/9/2023) (chmb)
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| Filing 22 MOTION for Extension of Time to File Response/Reply to #19 MOTION to Remand filed by Mentor Texas LP, Mentor Worldwide LLC (Handy, Katherine) |
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Filing 21
ELECTRONIC ORDER: Before the Court is Plaintiff's Unopposed Motion to Extend Time to Respond to Defendant Eric Schaffer, M.D.'s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim and Brief in Support (the "Motion"). Doc. No. 20. The Court GRANTS the Motion. Plaintiff's deadline to respond to Defendant Eric Schaffer, M.D.'s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim and Brief in Support, Doc. No. 17, is hereby extended to August 18, 2023. (Ordered by Judge Ed Kinkeade on 8/4/2023) (chmb)
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| Filing 20 MOTION for Extension of Time to File Response/Reply to #17 Motion to Dismiss for Failure to State a Claim filed by Heather Hirschfield (Attachments: #1 Proposed Order Granting) (Reilly, Marion) |
| Filing 19 MOTION to Remand filed by Heather Hirschfield with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Granting) (Reilly, Marion) |
| Filing 18 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Eric Schaffer. (Clerk QC note: No affiliate entered in ECF). (Patterson, Mark) |
| Filing 17 Motion to Dismiss for Failure to State a Claim filed by Eric Schaffer with Brief/Memorandum in Support. (Patterson, Mark) |
| Filing 16 NOTICE of Attorney Appearance by Laura Benitez Geisler on behalf of Heather Hirschfield. (Filer confirms contact info in ECF is current.) (Geisler, Laura) |
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Filing 15
ELECTRONIC ORDER - Before the Court is Defendant Eric Schaffer, M.D.'s ("Defendant") Unopposed Motion to Extend Time to File Answer or Responsive Pleading (the "Motion"). Doc. No. 13. The Court GRANTS the Motion. Defendant shall answer or otherwise respond to Plaintiffs Complaint by July 14, 2023. (Ordered by Judge Ed Kinkeade on 6/30/2023) (chmb)
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Filing 14
ELECTRONIC ORDER - Before the Court is Defendants' [Unopposed] Motion for Leave to Proceed Without Local Counsel (the "Motion"). Doc. No. 12. N.D. Tex. L. Civ. R. 83.10 requires local counsel in all cases where an attorney appearing in a case does not reside or maintain the attorneys principal office in this district. 'Local counsel' means a member of the bar of this court who resides or maintains the attorney's principal office in this district and whose residence or principal office is located within 50 miles of the courthouse in the division in which the case is pending. Defendants' attorney, Katherine Handy Pennetti, practices daily in an office within fifty miles of the Dallas Division's courthouse. Ms. Pennetti has experience litigating in this District and throughout the DFW metroplex. Here, that is sufficient. The Court GRANTS the Motion. This Order does not apply to Plaintiff, as Plaintiffs counsel appears to be based entirely in Corpus Christi, Texas. Plaintiff must still timely comply with the Court's June 23, 2023 Order. Doc. No. 2. (Ordered by Judge Ed Kinkeade on 6/30/2023) (chmb)
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| Filing 13 Motion for Extension of Time to File Answer filed by Eric Schaffer Attorney Mark Kenneth Patterson added to party Eric Schaffer(pty:dft) (Patterson, Mark) |
| Filing 12 MOTION Mentor Defendants to Proceed Without Local Counsel filed by Mentor Texas LP, Mentor Worldwide LLC (Attachments: #1 Proposed Order Proposed Order Granting Mentor Defendants Leave to Proceed Without Local Counsel) (Handy, Katherine) |
| Filing 11 ANSWER to Complaint with Jury Demand filed by Mentor Texas LP, Mentor Worldwide LLC. 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. (Handy, Katherine) |
| Filing 10 ANSWER to Complaint with Jury Demand filed by Ethicon Inc. 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. (Handy, Katherine) |
| Filing 9 AMENDED DOCUMENT by Mentor Worldwide LLC, Mentor Texas LP, Ethicon Inc. Amendment to #4 Order, #3 Cert. Of Interested Persons/Disclosure Statement. . (Handy, Katherine) |
| Filing 8 AMENDED DOCUMENT by Mentor Worldwide LLC, Mentor Texas LP, Ethicon Inc. Amendment to #1 Notice of Removal,,,,, #4 Order,,,. . (Attachments: #1 Exhibit(s) Email Correspondence Between the Parties Counsel, #2 Exhibit(s) Pertinent Sections of the Publicly Filed Deed of Trust) (Handy, Katherine) |
| Filing 7 NOTICE of Attorney Appearance by John B Martinez on behalf of Heather Hirschfield. (Filer confirms contact info in ECF is current.) (Martinez, John) |
| Filing 6 NOTICE of Attorney Appearance by Marion M. Reilly on behalf of Heather Hirschfield. (Filer confirms contact info in ECF is current.) (Reilly, Marion) |
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Filing 4
ORDER: Federal courts are vested with subject-matter jurisdiction over all civil actions "arising under the Constitution, laws, or treaties of the United States," or where the case in controversy exceeds $75,000 and is between citizens of different states, or between citizens of a state and citizens or subjects of a foreign state. 28 U.S.C. 1331, 1332(a)(1)-(2). The Court ORDERS Defendants to address this citizenship issue in an amended notice of removal by June 30, 2023. Each party's Certificate of Interested Persons / Disclosure Statement must also properly reflect the citizenship of all parties. Failure to timely comply with this Order will result in the remand of this case without further notice. (Ordered by Judge Ed Kinkeade on 6/26/2023) (chmb)
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| Filing 5 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. (agc) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ethicon Inc, Johnson & Johnson, Mentor Texas LP, Mentor Worldwide LLC. (Clerk QC note: Affiliate entry indicated). (Handy, Katherine) |
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Filing 2
ELECTRONIC ORDER: Local Civil Rule 83.10(a) requires the appearance of local counsel where the attorney of record for a party does not reside or maintain their principal office in this district. By July 14, 2023, Plaintiff Heather Hirschfield and Defendant Johnson and Johnson, Ethicon, Inc., Mentor Worldwide, LLC and Mentor Texas, LP, shall file the entry of appearance of local counsel satisfying the requirements of Local Civil Rule 83.10(a). Failure to do so may result in sanctions being imposed for failure to comply with an order of the Court. (Ordered by Judge Ed Kinkeade on 6/23/2023) (chmb)
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| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Johnson & Johnson, Mentor Worldwide LLC, Mentor Texas LP, Ethicon Inc. (Filing fee $402; receipt number ATXNDC-13836482) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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 Cover Sheet, #2 Cover Sheet Supplement, #3 Exhibit(s) State Court Filings, #4 Exhibit(s) Docket Sheet) (Handy, Katherine) |
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