Fernihough v. Acclarent, Inc. et al
| Donna Carol Fernihough |
| Acclarent, Inc. and Integra LifeSciences Corporation |
| 4:2025cv00525 |
| May 16, 2025 |
| U.S. District Court for the Northern District of Texas |
| Terry R Means |
| Torts/Pers Inj: Health Care/Pharmaceutical Pers Inj/Product Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on September 30, 2025. A more recent docket listing may be available from PACER.
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Filing 57
ORDER OF REFERRAL FOR MEDIATION IN SEPTEMBER 2026: The parties are to select or designate a mediator. The parties are to complete mediation during the month of September 2026. ADR Summary provided as Exhibit B to the order. Deadline for parties to designate a mediator is on or before 6/30/2026. (Ordered by Senior Judge Terry R Means on 9/30/2025) (jnp)
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Filing 56
INITIAL SCHEDULING ORDER: Joinder of Parties due by 10/31/2025. Amended Pleadings due by 4/2/2026. Discovery due by 11/9/2026. Motions due by 12/15/2026. (Ordered by Senior Judge Terry R Means on 9/30/2025) (jnp)
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| Filing 55 Joint STATUS REPORT Regarding Contents of Scheduling Order and Proposed Discovery Plan filed by Donna Carol Fernihough. (Berg, Lars) |
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Filing 54
ORDER FOR ADMISSION PRO HAC VICE: The Court has considered the Application for Admission Pro Hac Vice of William G. Childs (doc. #53 ). The application is GRANTED. 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 Senior Judge Terry R Means on 9/25/2025) (jnp)
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| Filing 53 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15860953) filed by Acclarent, Inc., Integra LifeSciences Corporation (Attachments: #1 Additional Page(s) Certificate of Good Standing, #2 Proposed Order PDF)Attorney William G Childs added to party Acclarent, Inc.(pty:dft), Attorney William G Childs added to party Integra LifeSciences Corporation(pty:dft) (Childs, William) |
| Filing 52 ANSWER to #12 Amended Complaint,,, with Jury Demand filed by Integra LifeSciences Corporation. 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. (Carolan, Trevor) |
| Filing 51 ANSWER to #12 Amended Complaint,,, with Jury Demand filed by Acclarent, Inc.. 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. (Carolan, Trevor) |
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Filing 50
ORDER DENYING MOTIONS TO DISMISS #22 ; denying #23 : Pending before the Court is the Motion to Dismiss for Failure to State a Claim (doc. #22 ) filed by defendant Acclarent, Inc. ("Acclarent"). A similar motion was filed by defendant Integra LifeSciences Corporation ("Integra"). After review of the motions, the related briefs, Plaintiff's amended complaint, and the applicable law, the Court concludes that the motions should be, and they are hereby DENIED. (Ordered by Senior Judge Terry R Means on 8/29/2025) (wxc)
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Filing 49
ORDER TO SUBMIT JOINT STATUS REPORT_AND PROPOSED DISCOVERY PLAN: The parties are ordered to electronically file with the clerk of the court the signed joint status report and proposed discovery plan (one instrument) within 28 days of the date of the filing of this order. (Ordered by Senior Judge Terry R Means on 8/29/2025) (wxc)
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Filing 48
ORDER GRANTING EMERGENCY #46 MOTION FOR PROTECTIVE ORDER: Defendants' notices of deposition are premature, inasmuch as they were served prior to the parties' participation in the conference required by Federal Rule of Civil Procedure 26(f). (Ordered by Senior Judge Terry R Means on 8/22/2025) (mmw)
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| Filing 47 Appendix in Support filed by Donna Carol Fernihough re #46 Emergency MOTION for Protective Order and Brief in Support and Request for Expedited Relief (White, Shelby) |
| Filing 46 Emergency MOTION for Protective Order and Brief in Support and Request for Expedited Relief filed by Donna Carol Fernihough with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Proposed Order) (White, Shelby) |
| Filing 45 Reply Brief/Memorandum in Support filed by Acclarent, Inc. re #22 Motion to Dismiss for Failure to State a Claim (Reply) (Vickery, Alan) Modified docket text per image on 8/21/2025 (jnp). |
| Filing 44 Reply Brief/Memorandum in Support filed by Integra LifeSciences Corporation re #23 Motion to Dismiss for Failure to State a Claim (Reply) (Vickery, Alan) Modified docket text per image on 8/21/2025 (jnp). |
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Filing 43
RULE 54(B) PARTIAL FINAL JUDGMENT: The Court DIRECTS the clerk to issue this partial final judgment. Plaintiff's claims against defendant Precision Concepts International LLC are hereby DISMISSED WITH PREJUDICE to their refiling. All costs of Court under 28 U.S.C. 1920 regarding these claims shall be borne, as agreed by the parties, by the party incurring them. (Ordered by Senior Judge Terry R Means on 8/7/2025) (jnp)
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| Filing 42 NOTICE of Dismissal of Precision Concepts International LLC filed by Donna Carol Fernihough (Aversano, Donna) |
| Filing 41 RESPONSE filed by Donna Carol Fernihough re: #22 Motion to Dismiss for Failure to State a Claim, #23 Motion to Dismiss for Failure to State a Claim (Berg, Lars) |
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Filing 40
RULE 54(B) PARTIAL FINAL JUDGMENT: Plaintiff's claims against defendant PCB Technologies USA, Inc., are hereby DISMISSED WITH PREJUDICE to their refiling. (Ordered by Senior Judge Terry R Means on 7/29/2025) (mmw)
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| Filing 39 NOTICE of Dismissal of PCB Technologies USA Inc. filed by Donna Carol Fernihough (Aversano, Donna) |
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Filing 38
ORDER GRANTING UNOPPOSED MOTIONS FOR EXTENSION OF TIME TO RESPOND TO THE AMENDED COMPLAINT: The Court, having reviewed the #34 #36 motions, and noting that Plaintiff does not oppose the relief sought therein, hereby GRANTS the motions. Defendants shall have until July 31, 2025, to answer or otherwise respond to Plaintiff's amended complaint. (Ordered by Senior Judge Terry R Means on 7/22/2025) (saw)
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Filing 37
ORDER GRANTING MOTIONS FOR EXTENSION OF TIME: Pending before the Court is the Unopposed Second Motion to Extend the Deadline to Respond to Defendants Acclarent, Inc. and Integra Lifesciences Corporations's Motions to Dismiss (doc. #33 ). The Court concludes that it should be, and it is hereby, GRANTED. Plaintiff shall have until July 31, 2025, to file her responses to the pending motions to dismiss. (Ordered by Senior Judge Terry R Means on 7/22/2025) (saw)
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| Filing 36 Unopposed Motion for Extension of Time to File Answer to and through July 23, 2025, filed by PCB Technologies USA Inc. with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Ludens, Zachary) |
| Filing 35 SUMMONS Returned Executed as to Precision Concepts International LLC ; served on 7/2/2025. (Aversano, Donna) |
| Filing 34 Unopposed Motion for Extension of Time to File Answer to Plaintiff's First Amended Complaint filed by Precision Concepts International LLC (Attachments: #1 Proposed Order) (Schneider, Jenna) |
| Filing 33 MOTION for Extension of Time to File Response/Reply to #22 Motion to Dismiss for Failure to State a Claim, #23 Motion to Dismiss for Failure to State a Claim filed by Donna Carol Fernihough (White, Shelby) |
| Filing 32 NOTICE of Attorney Appearance by Shelby Jean White on behalf of Donna Carol Fernihough. (Filer confirms contact info in ECF is current.) (White, Shelby) |
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Filing 31
ORDER GRANTING #29 UNOPPOSED MOTION FOR EXTENSION OF TIME: Defendant Precision Concepts International LLC must respond to the first amended complaint no later than July 18, 2025. (Ordered by Senior Judge Terry R Means on 7/9/2025) (jnp)
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Filing 30
ORDER GRANTING #28 SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME: Defendant PCB Technologies USA, Inc. must respond to the amended complaint no later than July 18, 2025. (Ordered by Senior Judge Terry R Means on 7/7/2025) (jnp)
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| Filing 29 Unopposed Motion for Extension of Time to File Answer to Plaintiff's First Amended Complaint filed by Precision Concepts International LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Jenna Suzanne Schneider added to party Precision Concepts International LLC(pty:dft) (Schneider, Jenna) |
| Filing 28 Unopposed Motion for Extension of Time to File Answer Second Unopposed Motion through July 18, 2025, filed by PCB Technologies USA Inc. with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Ludens, Zachary) |
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Filing 27
ORDER GRANTING #26 MOTION FOR EXTENSION OF TIME: Plaintiff shall have until July 16, 2025, to respond to Defendants' #22 , #23 motions to dismiss. (Ordered by Senior Judge Terry R Means on 7/1/2025) (jnp)
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| Filing 26 MOTION for Extension of Time to File Response/Reply to #22 Motion to Dismiss for Failure to State a Claim, #23 Motion to Dismiss for Failure to State a Claim filed by Donna Carol Fernihough (Berg, Lars) |
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Filing 25
ORDER GRANTING #24 MOTION FOR EXTENSION OF TIME: PCB shall have until July 2, 2025, to answer or otherwise respond to Plaintiff's #12 amended complaint. (Ordered by Senior Judge Terry R Means on 6/18/2025) (jnp)
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| Filing 24 Unopposed Motion for Extension of Time to File Answer to and through July 2, 2025, filed by PCB Technologies USA Inc. with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Text of Proposed Order) (Ludens, Zachary) |
| Filing 23 Motion to Dismiss for Failure to State a Claim filed by Integra LifeSciences Corporation with Brief/Memorandum in Support. (Vickery, Alan) |
| Filing 22 Motion to Dismiss for Failure to State a Claim filed by Acclarent, Inc. with Brief/Memorandum in Support. (Vickery, Alan) |
| Filing 21 NOTICE of Attorney Appearance by Zachary Dean Ludens on behalf of PCB Technologies USA Inc.. (Filer confirms contact info in ECF is current.) (Ludens, Zachary) |
| Filing 20 SUMMONS Returned Executed as to Precision Concepts International LLC; served on 6/5/2025. (Aversano, Donna) Modified docket text on 6/9/2025 (jnp). |
| Filing 19 SUMMONS Returned Executed as to Precision Concepts International LLC ; served on 6/5/2025. (Aversano, Donna) |
| Filing 18 NOTICE of Attorney Appearance by Lars L Berg on behalf of Donna Carol Fernihough. (Filer confirms contact info in ECF is current.) (Berg, Lars) |
| Filing 17 Summons Issued as to Precision Concepts International LLC. (jnp) |
| Filing 16 Request for Clerk to issue Summons filed by Donna Carol Fernihough. (Aversano, Donna) |
| Filing 15 Request for Clerk to issue Summons filed by Donna Carol Fernihough. (Aversano, Donna) |
| Filing 14 Request for Clerk to issue Summons filed by Donna Carol Fernihough. (Aversano, Donna) |
| Filing 13 SUMMONS Returned Executed as to PCB Technologies USA Inc. ; served on 5/20/2025. (Aversano, Donna) |
| Filing 12 AMENDED COMPLAINT WITH JURY DEMAND against Acclarent, Inc., Integra LifeSciences Corporation, PCB Technologies USA Inc., Precision Concepts International LLC filed by Donna Carol Fernihough. (One or more defendant(s) is no longer named.) Plaintiff will submit summons(es) for issuance. 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. (Aversano, Donna) |
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Filing 11
ORDER FOR ADMISSION PRO HAC VICE granting #9 Application for Admission Pro Hac Vice of Kim M. Schmid. 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 Senior Judge Terry R Means on 6/3/2025) (jnp)
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Filing 10
ORDER FOR ADMISSION PRO HAC VICE granting #8 Application for Admission Pro Hac Vice of Jodi Schebel. 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 Senior Judge Terry R Means on 6/3/2025) (jnp)
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| Filing 9 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15537517) filed by Acclarent, Inc., Integra LifeSciences Corporation (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order)Attorney Kim M Schmid added to party Acclarent, Inc.(pty:dft), Attorney Kim M Schmid added to party Integra LifeSciences Corporation(pty:dft) (Schmid, Kim) |
| Filing 8 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15537324) filed by Acclarent, Inc., Integra LifeSciences Corporation (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order)Attorney Jodi Munn Schebel added to party Acclarent, Inc.(pty:dft), Attorney Jodi Munn Schebel added to party Integra LifeSciences Corporation(pty:dft) (Schebel, Jodi) |
| Filing 7 Summons Issued as to Integra LifeSciences Corporation. (jnp) |
| Filing 6 Request for Clerk to issue Summons filed by Donna Carol Fernihough. (Aversano, Donna) |
| Filing 5 Summons Issued as to PCB Technologies USA Inc., Precision Concepts, LLC. (jnp) |
| Filing 4 Request for Clerk to issue Summons filed by Donna Carol Fernihough. (Aversano, Donna) |
| Filing 3 Request for Clerk to issue Summons filed by Donna Carol Fernihough. (Aversano, Donna) |
| Filing 2 New Case Notes: A filing fee has been paid. File to: Judge Means. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (jnp) |
| CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Acclarent, Inc., Integra LifeSciences Corporation. (Clerk QC note: Affiliate entry indicated). (See doc. #1 -8 for image.) (jnp) |
| Filing 1 NOTICE OF REMOVAL filed by Integra LifeSciences Corporation, Acclarent, Inc.. (Filing fee $405; receipt number ATXNDC-15509323) 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 Exhibit(s) A - Plaintiff's Original Petition, #2 Exhibit(s) B - Division of Corporation-Filing, #3 Exhibit(s) C - Acclarent LinkedIn, #4 Exhibit(s) D - Division of Corporations-Filing Integra, #5 Exhibit(s) E- integra LifeSciences LinkedIn, #6 Exhibit(s) F - Index of Pleadings with State Court Action, #7 Exhibit(s) G - SearchTX Docket State Court Fernihough v. Acclarent Inc., #8 Exhibit(s) H - Certificate of Interested Persons Disclosure Stmt, #9 Cover Sheet, #10 Cover Sheet Supplement) (Vickery, Alan) |
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