West et al v. LivaNova PLC et al
| South Carolina District Court | |
| Judge: | Bruce Howe Hendricks |
| Case #: | 8:16-cv-02688 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Jul 29, 2016 |
| Terminated: | Feb 02, 2018 |
| Last checked: Wednesday Jan 25, 2017 4:48 AM EST |
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Defendant
Sorin Group Deutschland GMBH
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Represented By
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Defendant
Sorin Group USA Inc
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Represented By
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Plaintiff
Karen Austin
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Represented By
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Plaintiff
Phillip Lamar West
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Represented By
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| TERMINATED PARTIES | |
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Defendant
LivaNova PLC
Terminated: 09/28/2016
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| Docket last updated: 04/24/2024 11:59 PM EDT |
| Friday, February 02, 2018 | ||
| 43 | 43
transfer
Case Transferred Out - District per MDL
Mon 02/05 12:21 PM
Case transferred to Middle District of Pennsylvania per certified copy of Conditional Transfer Order Number 11. The Transferring Clerk's Office hereby attests the record and the docket sheet available through CM/ECF to be the certified list. Associated Cases: 6:17-cv-01060-BHH, 8:16-cv-02688-BHH(alew, ) |
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| Thursday, November 30, 2017 | ||
| 42 | 42
3
pgs
order
Order on Motion to Stay
Thu 11/30 1:59 PM
ORDER granting (41) Motion to Stay in case 8:16-cv-02688-BHH; granting (29) Motion to Stay in case 6:17-cv-01060-BHH. Signed by Honorable Bruce Howe Hendricks on 11/30/17.Associated Cases: 8:16-cv-02688-BHH, 6:17-cv-01060-BHH(alew, ) |
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| Wednesday, November 29, 2017 | ||
| 41 | 41
motion
Stay
Wed 11/29 3:55 PM
Joint MOTION to Stay Pending MDL Transfer Decision by Sorin Group Deutschland GMBH, Sorin Group USA Inc. Response to Motion due by 12/13/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.Proposed order is being emailed to chambers with copy to opposing counsel.(McWilliams, Susan) |
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Att: 1
Exhibit A: MEMORANDUM IN SUPPORT OF MOTION TO TRANSFER AND CONSOLIDATION UNDER 28 U.S.C. § 1407,
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Att: 2
Exhibit B: AMENDED SCHEDULE OF ACTIONS,
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Att: 3
Exhibit C: RESPONSE IN SUPPORT OF DEFENDANTS' MOTION TO TRANSFER AND CONSOLIDATION UNDER 28 U.S.C. § 1407
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| Wednesday, April 05, 2017 | ||
| 40 | 40
order
Order
Fri 04/07 10:08 AM
ORDER DENYING TRANSFER. Signed by Unassigned - MDL on 4/5/17. (alew, ) |
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| Wednesday, February 22, 2017 | ||
| 39 | 39
order
Order on Motion to Appear Pro Hac Vice
Wed 02/22 12:19 PM
TEXT ORDER granting 35 Motion to Appear Pro Hac Vice as to Adrienne Busby for the defendants. Signed by Honorable Bruce Howe Hendricks on 2/22/17.(alew, ) |
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| Tuesday, February 21, 2017 | ||
| 38 | 38
order
Order on Motion to Appear Pro Hac Vice
Tue 02/21 3:28 PM
TEXT ORDER granting 36 Motion to Appear Pro Hac Vice.; granting 37 Motion to Appear Pro Hac Vice as to Linda Svitak, Christin Garcia for the defendants. Signed by Honorable Bruce Howe Hendricks on 2/21/17.(alew, ) |
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| Monday, February 20, 2017 | ||
| 37 | 37
motion
Appear Pro Hac Vice (only one attorney per motion)
Mon 02/20 4:36 PM
MOTION to Appear Pro Hac Vice by Linda S. Svitak ( Filing fee $ 250 receipt number 0420-7009022) by Sorin Group Deutschland GMBH, Sorin Group USA Inc. Response to Motion due by 3/6/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.(McWilliams, Susan) |
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Att: 1
Affidavit /Application for Pro Hac Vice Admission,
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Att: 2
Exhibit A - Certificate of Good Standing
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| 36 | 36
motion
Appear Pro Hac Vice (only one attorney per motion)
Mon 02/20 4:31 PM
MOTION to Appear Pro Hac Vice by Christin JayeEaton Garcia ( Filing fee $ 250 receipt number 0420-7009020) by Sorin Group Deutschland GMBH, Sorin Group USA Inc. Response to Motion due by 3/6/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.(McWilliams, Susan) |
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Att: 1
Affidavit /Application for Pro Hac Vice Admission,
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Att: 2
Exhibit A - Certificate of Good Standing
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| 35 | 35
motion
Appear Pro Hac Vice (only one attorney per motion)
Mon 02/20 4:27 PM
MOTION to Appear Pro Hac Vice by Adrienne Franco Busby ( Filing fee $ 250 receipt number 0420-7009019) by Sorin Group Deutschland GMBH, Sorin Group USA Inc. Response to Motion due by 3/6/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.(McWilliams, Susan) |
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Att: 1
Affidavit /Application for Pro Hac Vice Admission,
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Att: 2
Exhibit A - Consolidated List of Cases in this Court,
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Att: 3
Exhibit B - Certificate of Good Standing
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| Monday, February 06, 2017 | ||
| 34 | 34
order
Order on Motion for Confidentiality Order
Mon 02/06 10:04 AM
ORDER granting 32 Motion for Confidentiality Order. Signed by Honorable Bruce Howe Hendricks on 2/6/17.(alew, ) |
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| Thursday, February 02, 2017 | ||
| 32 | 32
motion
Confidentiality Order
Thu 02/02 4:38 PM
Joint MOTION for Confidentiality Order by Sorin Group Deutschland GMBH, Sorin Group USA Inc. Response to Motion due by 2/16/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.Proposed order is being emailed to chambers with copy to opposing counsel.(McWilliams, Susan) |
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Att: 1
Exhibit A: Proposed Confidentiality Order
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| Friday, January 20, 2017 | ||
| 30 | 30
order
Scheduling Order
Fri 01/20 1:07 PM
CONSOLIDATED CONSENT AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 9/1/2017, Plaintiffs ID of Expert Witness due by 2/12/2018, Defendants ID of Expert Witnesses Due by 3/26/2018, Records Custodian Affidavit due by 6/1/2018, Fact Discovery due by 1/8/2018, Expert Discovery due by 5/7/2018, Motions due by 7/2/2018, Jury Selection Deadline 9/1/2018, Mediation Due by 6/1/2018. Signed by Honorable Bruce Howe Hendricks on 1/20/17. (alew, ) |
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| Wednesday, January 11, 2017 | ||
| 29 | 29
discov
Local Rule 26.03 Answers to Interrogatories
Thu 01/12 10:50 AM
Local Rule 26.03 Answers to Interrogatories and Proposed Discovery Plan by Karen Austin, Phillip Lamar West. Refiled by clerk to correct event type(alew, ) |
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| 28 | 28
discov
Rule 26(f) Report
Wed 01/11 3:03 PM
Rule 26(f) Report by Karen Austin, Phillip Lamar West.(Welch, J) |
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| Monday, January 09, 2017 | ||
| 27 | 27
discov
Rule 26 Discovery Plan
Mon 01/09 1:00 PM
Local Civil Rule 26.03 Disclosures and Rule 26 Outline of Discovery Plan by Sorin Group Deutschland GMBH, Sorin Group USA Inc.(McWilliams, Susan) |
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| 26 | 26
discov
Rule 26(f) Report
Mon 01/09 12:48 PM
Joint Rule 26(f) Report by Sorin Group Deutschland GMBH, Sorin Group USA Inc.(McWilliams, Susan) |
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| Tuesday, November 01, 2016 | ||
| 23 | 23
order
Order on Motion for Miscellaneous Relief
Tue 11/01 1:59 PM
TEXT ORDER granting 21 Motion to Extend Rule 26(F) Reporting Requirements and to Coordinate Pre-Trial Discovery. Deadline extended up to and including 1/9/2017. Signed by Honorable Bruce Howe Hendricks on 11/1/16.(alew, ) Modified on 11/1/2016 to edit text (alew, ) |
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| 22 | 22
misc
Case Reassigned CV
Tue 11/01 1:02 PM
Case Reassigned to Judge Bruce Howe Hendricks. Judge Mary Geiger Lewis no longer assigned to the case. (suro, ) |
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| Monday, October 31, 2016 | ||
| 21 | 21
motion
Miscellaneous Relief
Mon 10/31 11:30 AM
Joint MOTION to Extend Rule 26(F) Reporting Requirements and to Coordinate Pre-Trial Discovery re18 Scheduling Order,, by Sorin Group Deutschland GMBH, Sorin Group USA Inc. Response to Motion due by 11/17/2016. Proposed order is being emailed to chambers with copy to opposing counsel.(McWilliams, Susan) |
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| Thursday, October 27, 2016 | ||
| 20 | 20
respoth
Amended Answer to Complaint
Thu 10/27 2:19 PM
AMENDED ANSWER to 12 Amended Complaint, by Sorin Group Deutschland GMBH, Sorin Group USA Inc. (McWilliams, Susan) |
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| Wednesday, October 12, 2016 | ||
| 19 | 19
order
Mediation Order
Wed 10/12 2:55 PM
MEDIATION ORDER Mediation Due by 6/26/2017, Signed by Honorable Mary Geiger Lewis on 10/12/2016. (abuc) |
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| 18 | 18
order
Scheduling Order
Wed 10/12 2:54 PM
CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 11/1/2016, 26(a) Initial Disclosures due by 11/15/2016, Rule 26 Report due by 11/15/2016, Motions to Amend Pleadings due by 12/12/2016, Plaintiffs ID of Expert Witness due by 1/10/2017, Defendants ID of Expert Witnesses Due by 2/9/2017, Records Custodian Affidavit due by 2/9/2017, Discovery due by 4/10/2017, Motion in Limine due by 7/12/2017, Motions due by 4/25/2017, Rule 26(a)(3) Disclosures due by 7/10/2017, Jury Selection Deadline 8/2/2017, Mediation Due by 6/26/2017. Signed by Honorable Mary Geiger Lewis on 10/12/2016. (abuc) Modified to edit text on 10/12/2016 (abuc) |
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| 16 | 16
discov
Local Rule 26.01 Answers to Interrogatories
Wed 10/12 2:01 PM
Local Rule 26.01 Answers to Interrogatories by Sorin Group USA Inc.(McWilliams, Susan) |
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| 15 | 15
discov
Local Rule 26.01 Answers to Interrogatories
Wed 10/12 1:58 PM
Local Rule 26.01 Answers to Interrogatories by Sorin Group Deutschland GMBH.(McWilliams, Susan) |
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| 14 | 14
answer
Answer to Amended Complaint
Wed 10/12 1:57 PM
ANSWER to12 Amended Complaint, by Sorin Group Deutschland GMBH, Sorin Group USA Inc.(McWilliams, Susan) |
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| Wednesday, September 28, 2016 | ||
| 12 | 12
cmp
Amended Complaint
Wed 09/28 10:34 AM
AMENDED COMPLAINT against Sorin Group Deutschland GMBH, Sorin Group USA Inc, filed by Phillip Lamar West, Karen Austin. Service due by 1/2/2017 (Welch, J) |
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Att: 1
Exhibit FDA letter,
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Att: 2
Exhibit GHS letter,
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Att: 3
Exhibit SC DHEC letter,
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Att: 4
Exhibit FDA recall information,
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Att: 5
Exhibit Field Safety Notice letter 1,
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Att: 6
Exhibit Field Safety Notice letter 2,
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Att: 7
Exhibit Warning letter
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| Friday, September 23, 2016 | ||
| 11 | 11
misc
Entry Deletion
Mon 09/26 9:31 AM
DELETION OF DOCKET ENTRY NUMBER 9 Reason: Refiled by filing attorney to correct entry. Corrected Filing Document Number10 Modified filing date to that of original filing: 9/23/2016 Response due date modified to that of original filing: answer due 10/6/2016 (abuc) |
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| 10 | 10
service
Summons Returned Executed - Complaint Served
Fri 09/23 2:23 PM
SUMMONS Returned Executed by Phillip Lamar West, Karen Austin.(Welch, J) |
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Att: 1
Certificate of Service
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| 9 | 9
service
Acceptance of Service - Complaint Served
Fri 09/23 11:16 AM
ACCEPTANCE OF SERVICE OF COMPLAINT by Phillip Lamar West, Karen Austin. Sorin Group Deutschland GMBH served on 9/15/2016, answer due 10/6/2016. (Welch, J) |
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| Friday, September 09, 2016 | ||
| 8 | 8
misc
Entry Deletion
Fri 09/09 11:00 AM
DELETION OF DOCKET ENTRY NUMBER 5 Reason: attorney refiled to make correction. Corrected Filing Document Number7 . Modified filing date to that of original filing: 9/6/16 (alew, ) |
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| Tuesday, September 06, 2016 | ||
| 7 | 7
service
Summons Returned Executed - Complaint Served
Fri 09/09 10:02 AM
SUMMONS Returned Executed by Phillip Lamar West, Karen Austin. Sorin Group USA Inc served on 8/31/2016, answer due 9/21/2016 (Welch, J) (Main Document 7 replaced on 9/9/2016) (alew, ). (alew, ). Modified on 9/9/2016 to correct filing date, to replace with corrected documents provided by filing user(alew, ) |
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Att: 1
(9/9/2016) Affidavit of Service
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| 5 | 5
service
Certificate of Service Summons Returned Executed - Complaint Served
Tue 09/06 11:29 AM
CERTIFICATE OF SERVICE by Phillip Lamar West, Karen Austin , SUMMONS Returned Executed by Phillip Lamar West, Karen Austin. Sorin Group USA Inc served on 8/31/2016, answer due 9/21/2016. (Welch, J) |
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| Monday, August 01, 2016 | ||
| 4 | 4
service
Summons Issued
Mon 08/01 10:24 AM
Summons Issued as to LivaNova PLC, Sorin Group Deutschland GMBH, Sorin Group USA Inc. (abuc) |
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| Friday, July 29, 2016 | ||
| 3 | 3
discov
Local Rule 26.01 Answers to Interrogatories
Mon 08/01 10:23 AM
Local Rule 26.01 Answers to Interrogatories by Karen Austin, Phillip Lamar West.(abuc) |
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| 1 | 1
cmp
Complaint
Mon 08/01 10:22 AM
COMPLAINT against LivaNova PLC, Sorin Group Deutschland GMBH, Sorin Group USA Inc ( Filing fee $ 400 receipt number 0420-6681819.), filed by Phillip Lamar West, Karen Austin. Service due by 10/31/2016(abuc) |
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Att: 1
Exhibit FDA Letter Determination of Approval,
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Att: 2
Exhibit Letter from GHS to patients,
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Att: 3
Exhibit SC DHEC letter,
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Att: 4
Exhibit FDA recall information,
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Att: 5
Exhibit Field Safety Notice Letter 1,
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Att: 6
Exhibit Field Safety Notice Letter 2,
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Att: 7
Exhibit Warning Letter
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