D. H. v. Raleigh Heart Clinic Inc. et al
| D. H. |
| The West Virginia Department of Health and Human Resources, Raleigh Heart Clinic, Inc., John Does 1 Through 10, Cardinal Health 414, LLC, Thair Barghouthi, Doe General Hospital and a Cardinal Health 414, LLC |
| 5:2018cv00121 |
| January 29, 2018 |
| US District Court for the Southern District of West Virginia |
| Beckley Office |
| Raleigh |
| Irene C Berger |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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IMPORTANT NOTICE: The United States District Court for the Southern District of West Virginia (WVSD) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, June 11, 2018. The WVSD CM/ECF system will be unavailable from 12:00pm (noon) on Friday, June 8, 2018 until 6:00am on Monday, June 11, 2018. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVSD e-filing account in the new NextGen CM/ECF system on or after June 11, 2018. Instructions for linking your account can be found at #http://www.wvsd. uscourts.gov/pdfs/NextGen/WVSD_Link_PACER_to_CM-ECF.pdf. If you have any additional questions please call the WVSD Clerk's Office CM/ECF Help Desk at (304)-347-3111. (mwk) (ADI)
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Filing 25
ACKNOWLEDGMENT OF RECEIPT of case file by Raleigh County Circuit Court, on 4/9/2018. (slr)
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Filing 24
LETTER to Raleigh County Circuit Clerk, from Clerk, U. S. District Court dated 4/3/2018, re: Case remanded. (slr)
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Filing 23
TRANSMITTED CERTIFIED COPY of #22 Memorandum Opinion and Order to attorneys and any unrepresented party and Raleigh County Circuit Clerk. (slr)
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Filing 22
MEMORANDUM OPINION AND ORDER: Granting Plaintiffs' #7 MOTION to Remand to Circuit Court as to remand and denying the motion as to the request for attorneys' fees; remanding this case to the Circuit Court of Raleigh County for further proceedings; terminating as moot any other pending motions. Signed by Judge Irene C. Berger on 4/2/2018. (cc: attys; any unrepresented party; Clerk, Raleigh County Circuit Court) (slr)
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Filing 21
MOTION by West Virginia Department of Health and Human Resources for Leave to ReFile Motion to Dismiss (Attachment: #1 Exhibit A)(David, Caleb)
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Filing 20
STATEMENT OF VISITING ATTORNEY from Cheryl A. Falvey on behalf of Cardinal Health 414, LLC. Local counsel: Marc E. Williams. Fee $50.00. Receipt # 0425-6277944. (Smith, Christopher)
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Filing 19
REPLY by D. H. to Cardinal Health 414, LLC's #17 Response In Opposition. (New, Stephen) (Modified text on 3/5/2018) (slr).
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Filing 18
REPLY by West Virginia Department of Health and Human Resources to #14 Response In Opposition. (Attachment: #1 Exhibit A)(David, Caleb)
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Filing 17
RESPONSE by Cardinal Health 414, LLC in opposition to #7 MOTION by D. H. to Remand Case to Circuit Court of Raleigh County (Attachments: #1 Exhibit 1 Normans Third Amended Complaint, 8-25-17, #2 Exhibit 2 Mills Class Action Complaint, 5-20-16, #3 Exhibit 3 Cardinal Defs Notice of Removal, 9-27-17, #4 Exhibit 4 Voluntary Dismissal Order, 09-29-17, #5 Exhibit 5 Voluntary Dismissal Order, 10-30-17, #6 Exhibit 6 TA 649 Complaint, 11-29-17, #7 Exhibit 7 WB Plaintiffs Mtn to Refer Consolidated Action to WV Mass Litigation Panel)(Smith, Christopher)
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Filing 16
REPLY by Cardinal Health 414, LLC to #11 Response In Opposition. (Smith, Christopher)
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Filing 15
ORDER denying #12 MOTION of Cardinal Health 414, LLC to Waive Visiting Attorney Fees. Signed by Judge Irene C. Berger on 2/23/2018. (cc: attys; any unrepresented party) (slr)
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Filing 14
RESPONSE by D. H. in opposition to Motion to Dismiss Complaint Attached to #1 Notice of Removal (Taylor, Amanda)
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Filing 13
ORDER denying #9 MOTION to Stay All Proceedings Pending Resolution of Plaintiff's Motion to Remand. Signed by Judge Irene C. Berger on 2/20/2018. (cc: attys; any unrepresented party) (msa)
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Filing 12
MOTION by Cardinal Health 414, LLC to Waive Visiting Attorney Fees (Attachment: #1 Exhibit A)(Williams, Marc)
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Filing 11
RESPONSE by D. H. in opposition to #3 MOTION by Cardinal Health 414, LLC to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (New, Stephen)
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Filing 10
MEMORANDUM by D. H. in support of #9 MOTION by D. H. to Stay Pending Resolution of Plaintiff's Motion to Remand (New, Stephen) (Text modified on 2/15/2018 (slr)).
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Filing 9
MOTION by D. H. to Stay All Proceedings Pending Resolution of Plaintiff's Motion to Remand (New, Stephen) (Text modified on 2/15/2018 (slr)).
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Filing 8
MEMORANDUM by D. H. in support of #7 MOTION by D. H. to Remand Case to Circuit Court of Raleigh County (Taylor, Amanda)
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Filing 7
MOTION by D. H. to Remand Case to Circuit Court of Raleigh County (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Taylor, Amanda)
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Filing 6
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Cardinal Health 414, LLC (Williams, Marc)
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Filing 5
ORDER AND NOTICE: Rule 12(b) Motions 3/13/2018. Rule 26(f) Meeting 3/27/2018. Last day to file report of Rule 26(f) Meeting 4/3/2018. Scheduling Conference at 03:15 PM on 4/17/2018 in Beckley. Entry of Scheduling Order 4/24/2018. Last Day to make Rule 26(a)(1) disclosures 5/1/2018. Signed by Judge Irene C. Berger on 2/12/2018. (cc:attys; any unrepresented party) (msa)
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Filing 4
MEMORANDUM by Cardinal Health 414, LLC in support of #3 MOTION by Cardinal Health 414, LLC to Dismiss (Smith, Christopher)
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Filing 3
MOTION by Cardinal Health 414, LLC to Dismiss Complaint Attached to #1 Notice of Removal Pursuant to Fed. R. Civ. P. 12(b)(6) (Smith, Christopher) Modified text and added link on 2/6/2018 (slr).
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CASE assigned to Judge Irene C. Berger. (klc)
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| Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: attys; any unrepresented party) (mk) |
| Filing 1 NOTICE OF REMOVAL by Cardinal Health 414, LLC with summons, complaint and other miscellaneous documents from Circuit Court of Raleigh County. Filing Fee $400.00. Receipt #0425-6190763. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (mk) |
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