A. W. v. Raleigh Heart Clinic, Inc.
| A. W. |
| The West Virginia Department of Health and Human Resources, Raleigh Heart Clinic, Inc., a Cardinal Health 414, LLC, John Does 1 through 10, Thair Barghouthi and Doe General Hospital |
| 5:2018cv00495 |
| March 28, 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) |
| 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. Complete information regarding the WVSD NextGen CM/ECF implementation can be found at #h ttp://www.wvsd.uscourts.gov/nextgen-information. 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. Please log in to the WVSD CM/ECF system at #http://ecf.wv sd.uscourts.gov before June 7, 2018 to make sure you know your current WVSD e-filing login and password. Do not rely on your username and password being saved in your web browser, because that method will not work with the NextGen upgrade. If you do not know your login or password or have any additional questions please call the WVSD Clerk's Office CM/ECF Help Desk at (304)-347-3111. (Kinder2, Mike) (ADI) |
| Filing 18 LETTER to Clerk, Southern District of WV, from Clerk, Raleigh County Circuit Court dated 4/25/2018, re: Acknowledging receipt of case remanded. (msa) |
| Filing 17 LETTER to Clerk, Raleigh County Circuit Court, from Clerk, Southern District of WV dated 4/25/2018, re: Remanding Case to Raleigh County Circuit Court. (msa) |
| Filing 16 TRANSMITTED CERTIFIED COPY of #15 Stipulation and Agreed Order Remanding to the Circuit Court of Raleigh County, West Virginia to attorneys, Raleigh County Circuit Court, and any unrepresented party. (msa) (Modified cc: line on 4/25/2018) (slr). |
Filing 15
STIPULATION AND AGREED ORDER REMANDING TO THE CIRCUIT COURT OF RALEIGH COUNTY, WEST VIRGINIA: Remanding this case to the Circuit Court of Raleigh County, West Virginia; terminating any pending motions as MOOT. Signed by Judge Irene C. Berger on 4/24/2018. (cc: attys; any unrepresented party; Raleigh County Circuit Court) (msa) (Modified cc: line on 4/25/2018) (slr).
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| Filing 14 STIPULATION AND AGREED ORDER by A. W., West Virginia Department of Health and Human Resources, Cardinal Health 414, LLC, Dr. Barghouthi and Raleigh Heart Clinic to Remand Case to Circuit Court of Raleigh County (Taylor, Amanda) (Modified on 4/22/2018 to convert event to stipulation and add party filers) (ts). |
| Filing 13 REPLY by West Virginia Department of Health and Human Resources to #12 Response In Opposition. (David, Caleb) |
| 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. Complete information regarding the WVSD NextGen CM/ECF implementation can be found at #h ttp://www.wvsd.uscourts.gov/nextgen-information. Currently, many attorneys within a firm may share a single PACER account. This will no longer be allowed with the new WVSD NextGen CM/ECF system because each attorney must have an individual upgraded PACER account that will be linked to their e-filing account. Shared PACER accounts cannot be used by WVSD e-filing attorneys once the WVSD NextGen CM/ECF system is implemented. Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account, and step two is to link your upgraded PACER account to the WVSD e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step can't be completed until on or after June 11, 2018. The first step is to check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the WVSD NextGen CM/ECF upgrade on June 11, 2018: 1) You have an upgraded PACER account for another NextGen court; or, 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WVSD CM/ECF account for your new NextGen CM/ECF account. Additional notices will be sent at a later date on how to handle the second step in this process. If you still have questions please contact the PACER Service Center at 800-676-6856 or the WVSD Clerk's Office CM/ECF Help Desk at (304)-347-3111. (mwk) (ADI) |
| Filing 12 RESPONSE by A. W. in opposition to Motion by West Virginia Department of Health and Human Resources to Dismiss Complaint Attached to #1 Notice of Removal (Taylor, Amanda) |
| Filing 11 RESPONSE by A. W. in opposition to #3 MOTION by Cardinal Health 414, LLC to Dismiss Complaint (Taylor, Amanda) |
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Filing 10
ORDER AND NOTICE: Rule 12(b) Motions 4/19/2018. Rule 26(f) Meeting 5/3/2018. Last day to file report of Rule 26(f) Meeting 5/10/2018. Scheduling Conference at 03:00 PM on 5/24/2018 in Beckley. Entry of Scheduling Order 5/31/2018. Last Day to make Rule 26(a)(1) disclosures 6/7/2018. Signed by Judge Irene C. Berger on 4/2/2018. (cc:attys; any unrepresented party) (msa)
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| Filing 9 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Raleigh Heart Clinic, Inc. (Malone, Amy) |
| Filing 8 MEMORANDUM OF LAW by Thair Barghouthi, Raleigh Heart Clinic, Inc. in support of #7 MOTION by Thair Barghouthi, Raleigh Heart Clinic, Inc. to Dismiss Complaint (Malone, Amy) |
| Filing 7 MOTION by Thair Barghouthi, Raleigh Heart Clinic, Inc. to Dismiss Complaint Attached to #1 Notice of Removal (Malone, Amy) (Modified on 4/2/2018 to add link to #1 notice of removal) (ts). |
| Filing 6 STATEMENT OF VISITING ATTORNEY from Cheryl A. Falvey on behalf of Cardinal Health 414, LLC. Local counsel: Marc E. Williams. Fee $50.00. Receipt # 0425-6356511. (Williams, Marc) (Modified text to include name of visiting attorney on 3/30/2018) (slr). |
| Filing 5 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Cardinal Health 414, LLC (Williams, Marc) |
| Filing 4 MEMORANDUM OF LAW by Cardinal Health 414, LLC in support of #3 MOTION by Cardinal Health 414, LLC to Dismiss Complaint (Williams, Marc) |
| Filing 3 MOTION by Cardinal Health 414, LLC to Dismiss Complaint Attached to #1 Notice of Removal (Williams, Marc) (Modified on 4/2/2018 to add link to #1 notice of removal) (ts). |
| 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) (slr) |
| CASE assigned to Judge Irene C. Berger. (klc) |
| Filing 1 NOTICE OF REMOVAL by Cardinal Health 414, LLC with summons, complaint, docket sheet, and other miscellaneous documents from Circuit Court of Raleigh County. Filing Fee $400.00. Receipt #0425-6345248. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (slr) |
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