Agreed MOTION to Withdraw as Attorney Weiswasser, Wu, Wiggins, Sandel and Brown, Agreed MOTION to Substitute Attorney Henry B. Gonzalez III by WAKE FOREST UNIVERSITY, Wake Forest University Health Sciences. (Attachments: # 1 Proposed Order)(Gonzalez, Henry) (Entered: 10/30/2012)
ORDER - The Clerks office is DIRECTED to administratively close this case pending further order ofthe Court. Though administratively closed, this case will still exist on the docket of this Court andmay be reopened upon request of any party or on the Courts own motion. Mire, 389 F.3d at 167. Signed by Judge Xavier Rodriguez. (rg) (Entered: 09/01/2011)
CONSENT ORDER TRANSFERRING CASE signed by JUDGE WILLIAM L. OSTEEN JR. on 8/26/11, that the First Amended Motion to Dismiss, Transfer Venue, or Stay Proceedings [docket # 23 ] is GRANTED, as follows: The request to transfer the case is GRANTED, and this action will be and is transferred to the United States District Court for the Western District of Texas, San Antonio Division, a court in which it could have been brought originally, to be consolidated with Kinetic Concepts, Inc. and KCI USA, Inc. v. Wake Forest University Health Sciences, Case No. 5:11-CV-163-XR, for further proceedings as that Court deems proper. Insofar as the First Amended Motion to Dismiss, Transfer Venue or Stay Proceedings [Docket # 23 ] requests alternative relief, that motion is mooted by this Order. The Clerk of this Court will transmit the complete file in this case to the United States Court for the Western District of Texas, San Antonio Division. (Law, Trina) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 08/26/2011)
Joint MOTION to Transfer Case Pursuant to Proposed Consent Order by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED, WAKE FOREST UNIVERSITY, WAKE FOREST UNIVERSITY HEALTH SCIENCES. Responses due by 8/31/2011 (Attachments: # 1 Exhibit Texas Order, # 2 Text of Proposed Order)(PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 08/10/2011)
CONSENT ORDER STAYING CASE as set out; Signed by JUDGE WILLIAM L. OSTEEN JR. on 5/20/11. (Law, Trina) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 05/20/2011)
NOTICE by WAKE FOREST UNIVERSITY, WAKE FOREST UNIVERSITY HEALTH SCIENCES of Special Appearance (PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 05/18/2011)
Consent MOTION for Extension of Time to File Response/Reply as to 23 Amended MOTION to Dismiss , Transfer Venue, or Stay Proceedings, 21 MOTION to Dismiss by WAKE FOREST UNIVERSITY, WAKE FOREST UNIVERSITY HEALTH SCIENCES. (Attachments: # 1 Text of Proposed Order)(PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 05/14/2011)
Joint MOTION to Stay by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED, WAKE FOREST UNIVERSITY, WAKE FOREST UNIVERSITY HEALTH SCIENCES. Responses due by 6/9/2011 (Attachments: # 1 Text of Proposed Order Proposed Consent Order)(PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 05/14/2011)
NOTICE of Appearance by attorney BENJAMIN A. LASKY on behalf of Defendants KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED (LASKY, BENJAMIN) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 05/02/2011)
Corporate Disclosure Statement by KCI LICENSING, INC. identifying Corporate Parent KINETIC CONCEPTS, INC., Corporate Parent KCI HOLDING COMPANY, INC. for KCI LICENSING, INC... (LEWIS, ANTONIO) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/29/2011)
Amended MOTION to Dismiss , Transfer Venue, or Stay Proceedings by KCI USA, INC., KINETIC CONCEPTS, INC. Responses due by 5/19/2011. (LEWIS, ANTONIO) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/25/2011)
MOTION to Dismiss by KCI LICENSING, INC., KCI MANUFACTURING, KCI MEDICAL RESOURCES, KCI USA, INC., KINETIC CONCEPTS, INC., MEDICAL HOLDINGS LIMITED. Responses due by 5/19/2011 (Attachments: # 1 Text of Proposed Order)(LEWIS, ANTONIO) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/25/2011)
WAIVER OF SERVICE of SUMMONS by WAKE FOREST UNIVERSITY HEALTH SCIENCES, WAKE FOREST UNIVERSITY. KCI LICENSING, INC. waiver sent on 4/8/2011, answer due 6/7/2011; KCI MANUFACTURING waiver sent on 4/8/2011, answer due 6/7/2011; KCI MEDICAL RESOURCES waiver sent on 4/8/2011, answer due 6/7/2011; MEDICAL HOLDINGS LIMITED waiver sent on 4/8/2011, answer due 6/7/2011. (Attachments: # 1 Exhibit Waiver of Service by KCI Licensing, Inc., # 2 Exhibit Waiver of Service by KCI Manufacturing, # 3 Exhibit Waiver of Service by KCI Medical Resources, # 4 Exhibit Waiver of Service by Medical Holdings Limited)(PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/23/2011)
NOTICE by WAKE FOREST UNIVERSITY, WAKE FOREST UNIVERSITY HEALTH SCIENCES of Special Appearance (PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/18/2011)
First AMENDED COMPLAINT against All Defendants filed by WAKE FOREST UNIVERSITY, WAKE FOREST UNIVERSITY HEALTH SCIENCES. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/08/2011)
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff WAKE FOREST UNIVERSITY HEALTH SCIENCES (PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/08/2011)
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff WAKE FOREST UNIVERSITY (PINYAN, CLINTON) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/08/2011)
MOTION to Dismiss , Transfer Venue, or Stay Proceedings by KCI USA, INC., KINETIC CONCEPTS, INC.. Responses due by 5/2/2011 (LEWIS, ANTONIO) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/08/2011)
NOTICE of Appearance by attorney TIMOTHY G. BARBER on behalf of Defendants KCI USA, INC., KINETIC CONCEPTS, INC. (BARBER, TIMOTHY) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 04/08/2011)
Summons Issued as to KINETIC CONCEPTS, INC., KCI USA, INC. (State court document filed in Forsyth County Superior Court Division, case no. 11-CVS-1528, issued 2/28/2011, listed as Exhibit B in the Petition for Removal.) (Sheets, Jamie) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 03/28/2011)
COMPLAINT against KINETIC CONCEPTS, INC., KCI USA, INC., filed by WAKE FOREST UNIVERSITY, WAKE FOREST UNIVERSITY HEALTH SCIENCES. (State court document filed in Forsyth County Superior Court Division, case no. 11-CVS-1528, listed as Exhibit E in the Petition for Removal.) (Sheets, Jamie) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 03/28/2011)
Corporate Disclosure Statement by KCI USA, INC. identifying Corporate Parent KINETIC CONCEPTS, INC., Corporate Parent KCI LICENSING, INC., Corporate Parent KCI HOLDING COMPANY, INC. (LEWIS, ANTONIO) Modified on 3/28/2011 to remove duplicate text. (Sheets, Jamie) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 03/25/2011)
Corporate Disclosure Statement by KINETIC CONCEPTS, INC. (LEWIS, ANTONIO) Modified on 3/28/2011 to remove additional punctuation. (Sheets, Jamie) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 03/25/2011)
CIVIL COVER SHEET. (LEWIS, ANTONIO) Modified on 3/28/2011 to reflect correct event title. (Sheets, Jamie) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 03/25/2011)
PETITION FOR REMOVAL from Forsyth County Superior Court, case number 11-cvs-1528. Filing fee $ 350 receipt number 0418-904521, filed by KCI USA, INC., KINETIC CONCEPTS, INC.. (Attachments: # 1 Exhibit A - State Court Application & Order Extending Time to File Complaint, # 2 Exhibit B - State Court Civil Summons, # 3 Exhibit C - State Court Acceptance of Service, # 4 Exhibit D - State Court Service of Process Transmittal, # 5 Exhibit E - State Court Complaint, # 6 Exhibit F - State Court Affidavit of Service, # 7 Exhibit G - State Court Affidavit of Service, # 8 Exhibit H: Notice of Removal to State Court Clerk)(LEWIS, ANTONIO) [Transferred from North Carolina Middle on 8/26/2011.] (Entered: 03/25/2011)
Attachment 1 Exhibit A - State Court Application & Order Extending Time to File Complaint
Attachment 2 Exhibit B - State Court Civil Summons
Attachment 3 Exhibit C - State Court Acceptance of Service
Attachment 4 Exhibit D - State Court Service of Process Transmittal