Doe, et al v. Irvine Scientific, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:97-cv-01167-jcc
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Summary

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Parties
No Logo Jane Doe, Plaintiff

Represented by Breit Drescher & Imprevento PC

No Logo John Doe, Plaintiff

Represented by Breit Drescher & Imprevento PC

v.
No Logo Baxter Healthcare Corporation, Defendant

Represented by Sterne Kessler Goldstein & Fox, PLLC

Name Phone Fax E-Mail
Space Kenneth Carrington Bass, III +1 202 772 8825 +1 202 371 2540 kbass@skgf.com

Represented by Venable LLP

Name Phone Fax E-Mail
Space Christine Michele McAnney +1 703 760 1600
No Logo Irvine Scientific Sales Company, Inc., Defendant

Represented by Christian & Barton LLP

Name Phone Fax E-Mail
Space James Edward Moore +1 804 697 4100
Space Michael W. Smith +1 804 697 4100 msmith@cblaw.com

Represented by McGuireWoods LLP

Name Phone Fax E-Mail
Space J. Tracy Walker, IV +1 804 775 1000

Represented by Rumberger Kirk & Caldwell, PC

Name Phone Fax E-Mail
Space John Bond Atkinson +1 305 358 5577
Space Lori A. Brown +1 305 358 5577
Attributes
Office Norfolk
Filed 12/16/1997
Jury Demand Plaintiff
Demand $150000
Nature of Suit 365 - Personal Injury: Product Liability
Cause Section 28 U.S.C. § 1332 Diversity-Personal Injury
Jurisdiction Diversity
Disposition Judgment - Motion Before Trial
County Out of State
Terminated 6/9/1998
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 98-1890[]
Def Custody Status
Flag CLOSED
Timeline
  Entries (59) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 44 Filed: 11/20/1998, Entered: 11/23/1998 USCA Order
Copy of USCA Order dismissing this appeal, upon such terms as have been agreed to by the parties, pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. ob. (clerk)
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Blank -- Filed: 6/30/1998, Entered: 6/30/1998 Certificate of Completion
Certification of completion sent to USCA re: [42-1] appeal by Jane Doe, John Doe; Copy of Certificate of Completition and docket sheet mailed to all counsel on 6/30/98. (clerk)
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Blank -- Filed: 6/22/1998, Entered: 6/23/1998 USCA Case Number
USCA Case Number Re: [42-1] appeal by Jane Doe, John Doe CASE MANAGER: Sharon A. Wiley USCA NUMBER: 98-1890 (clerk)
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Blank 43 Filed: 6/16/1998, Entered: 6/17/1998 Transcript
TRANSCRIPT of Proceedings before JCC, Jr., USDJ on May 6, l998 (clerk)
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Blank -- Filed: 6/16/1998, Entered: 6/16/1998, Terminated: 11/20/1998 Transmission of Notice of Appeal to 4CCA
Certtified Copy of Notice of Appeal, Judgment and Opinion and Order and docket sheet to USCA along with Original and 1 copy of transmittal; Copy of Notice of Appeal, docketing statement, transcript order form, appeal receipt and docket sheet to Appellant; Copy of Notice of Appeal to Appellees: [42-1] appeal by Jane Doe, John Doe (clerk)
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Blank -- Filed: 6/15/1998, Entered: 6/16/1998 USCA Appeal Fees
Payment of Notice of Appeal Filing Fee, Appeal Fee $105.00 RECEIPT #17417 (clerk)
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Blank 42 Filed: 6/12/1998, Entered: 6/15/1998 Notice of Appeal
NOTICE OF APPEAL by John Doe, Jane Doe re: [41-1] judgment order, [40-1] order (clerk)
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Blank 41 Filed: 6/9/1998, Entered: 6/9/1998 Judgment*
JUDGMENT on decision by the Court that the Defendants' Motions To Dismiss are GRANTED and Plaintiffs' claims of negligence and negligent infliction of emotional distress against the defendants are DISMISSED, entered by the Clerk 6/8/98 and filed 6/9/98. OB. Copies Mailed: 6/9/98 (clerk)
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Blank 40 Filed: 6/9/1998, Entered: 6/9/1998 OrderCourt Filing
OPINION AND ORDER granting Defendants' Motions To Dismiss and dismissing Plaintiffs' claims of negligence and negligent infliction of emotional distress against the defendants; and given the Court's action in this Opinion and Order, plaintiffs' Motion For Protective Order is moot, entered 6/8/98 and filed 6/9/98 (signed by Judge J. C. Clarke Jr.) Copies Mailed: 6/9/98 (clerk)
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Blank -- Filed: 6/9/1998, Entered: 6/9/1998 Disposable Record
Disposable Record (clerk)
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Blank -- Filed: 6/9/1998, Entered: 6/9/1998 Terminated Case
Case closed (clerk)
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Blank -- Filed: 6/9/1998, Entered: 6/9/1998 Case Assigned/Reassigned
CASE assigned to Judge J. C. Clarke Jr. (clerk)
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Blank 39 Filed: 5/19/1998, Entered: 5/20/1998 Memorandum in Opposition
SUPPLEMENTAL MEMORANDUM on economic loss issue by John Doe, Jane Doe in opposition to [18-1] motion by Irvine Scientific Sales Company, Inc. to Dismiss First Amended Complaint, [16-1] motion by Irvine Scientific Sales Company, Inc. to Dismiss Complaint, received. (See Order of 5/7/98) (clerk)
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Blank 38 Filed: 5/15/1998, Entered: 5/15/1998 Memorandum in Support
MEMORANDUM on economic loss by Irvine Scientific and in further support of [18-1] motion by Irvine Scientific Sales Company, Inc. to Dismiss First Amended Complaint, received. (clerk)
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Blank 37 Filed: 5/7/1998, Entered: 5/7/1998 OrderCourt Filing
ORDER permitting all parties an opportunity to brief the economic loss issue only, briefs to be received by the Court within ten (10) days from the date of this Order and there will be no reply brief, entered and filed 5/7/98 (signed by Judge J. C. Clarke Jr.) Copies Mailed: 5/7/98 (clerk)
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Blank -- Filed: 5/7/1998, Entered: 5/7/1998 Suspense Deadline
**Suspense 5/21/98 for briefs from all parties. No reply brief permitted. (clerk)
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Blank 36 Filed: 5/6/1998, Entered: 5/6/1998 Minutes-Miscellaneous
Minute entry: COURT PROCEEDINGS: JCC,jr., judge. Gloria Smith, OCR. Counsel appeared. Matter came on for hearing on mos. to dismiss and mo. for protective order. Argued. Court takes under advisement. (clerk)
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Blank -- Filed: 5/6/1998, Entered: 5/6/1998 Motion Hearing
Motion hearing held re: [25-1] motion by Baxter Healthcare Corporation to Dismiss First Amended Complaint by Baxter Healthcare, [18-1] motion by Irvine Scientific Sales Company, Inc. to Dismiss First Amended Complaint by Irvine Scientific, [2-1] motion by Jane Doe, John Doe for a temporary ex parte Protective Order by Jane Doe, John Doe (clerk)
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Blank 35 Filed: 5/5/1998, Entered: 5/5/1998 OrderCourt Filing
CONSENT ORDER OF DISMISSAL Dismissing plaintiffs' claim for intentional infliction of emotional distress, with prejudice, agreed , entered and filed 5/5/98 (signed by Judge J. C. Clarke Jr.) Copies Mailed: 5/5/98 (clerk)
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Blank -- Filed: 4/3/1998, Entered: 4/3/1998 Motion Hearing
Motion hearing re: [25-1] motion by Baxter Healthcare Corporation to Dismiss First Amended Complaint set at 11:00 a.m. on 5/6/98, [18-1] motion by Irvine Scientific Sales Company, Inc. to Dismiss First Amended Complaint set at 11:00 a.m. on 5/6/98 [2-1] motion by Jane Doe, John Doe for a temporary ex parte Protective Order set at 11:00 a.m. on 5/6/98 (clerk)
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Blank 34 Filed: 3/23/1998, Entered: 3/23/1998 Reply to Response to Motion
REPLY by Irvine Scientific Sales Company, Inc. to response to [18-1] motion by Irvine Scientific Sales Company, Inc. to Dismiss First Amended Complaint, received. (clerk)
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Blank 33 Filed: 3/18/1998, Entered: 3/19/1998 Affidavit
AFFIDAVIT of Heidi Gorsuch in support of [28-1] response reply to motion for ex parte protective order (anonymity) by Jane Doe, John Doe. UNDER SEAL. (clerk)
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Blank 32 Filed: 3/18/1998, Entered: 3/18/1998 Reply to Response to Motion
REPLY by Baxter Healthcare Corporation to response to [25-1] motion by Baxter Healthcare Corporation to Dismiss First Amended Complaint, received. (clerk)
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Blank 31 Filed: 3/17/1998, Entered: 3/18/1998 OrderCourt Filing
ORDER granting [29-1] motion by Baxter Healthcare Corporation to Extend Time To File Its Reply to Plaintiffs' Opposition To Baxter's Motion To Dismiss, time extended to 3/18/98, agreed, Set Brief deadline to 3/18/98 , entered 3/16/98 and filed 3/18/98 (signed by Judge Rebecca B. Smith) Copies Mailed: 3/17/98 (clerk)
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Blank 30 Filed: 3/13/1998, Entered: 3/17/1998 Memorandum in Opposition
MEMORANDUM by John Doe, Jane Doe in opposition to [16-1] motion by Irvine Scientific Sales Company, Inc. to Dismiss Complaint, received. (clerk)
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Blank 29 Filed: 3/11/1998, Entered: 3/13/1998, Terminated: 3/17/1998 Motion for Extension
MOTION by Baxter Healthcare Corporation to Extend Time To File Its Reply to Plaintiffs' Opposition To Baxter's Motion To Dismiss (clerk)
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Blank 28 Filed: 3/11/1998, Entered: 3/13/1998 Reply to Response to Motion
REPLY by John Doe, Jane Doe to response to [2-1] motion by Jane Doe, John Doe for a temporary ex parte Protective Order (anonymity), received. UNDER SEAL. (clerk)
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Blank 27 Filed: 3/9/1998, Entered: 3/9/1998 OrderCourt Filing
ORDER Extending Time for plaintiffs to file memorandum in opposition to defendant Irvine Scientific Sales Company, Inc.'s Motion To Dismiss to 3/13/98, agreed , entered and filed 3/9/98 (signed by Judge Jerome B. Friedman) Copies Mailed: 3/9/98 (clerk)
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Blank 26 Filed: 3/9/1998, Entered: 3/9/1998 Memorandum in Support
MEMORANDUM in support of [25-1] motion by Baxter Healthcare Corporation to Dismiss First Amended Complaint, received. (clerk)
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Blank 25 Filed: 3/9/1998, Entered: 3/9/1998, Terminated: 6/9/1998 Motion to Dismiss
MOTION by Baxter Healthcare Corporation to Dismiss First Amended Complaint (clerk)
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Blank -- Filed: 3/9/1998, Entered: 3/9/1998 Set/Reset Deadlines:
Deadline updated; Reset Brief deadline to 3/13/98 for plaintiffs' brief in opposition to defendant Irvine's Motion To Dismiss (clerk)
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Blank 24 Filed: 3/5/1998, Entered: 3/5/1998 OrderCourt Filing
ORDER Extending Time For Baxter Healthcare Corporation to respond to first amended complaint to 3/9/98, agreed , Reset Answer to amended complaint deadline to 3/9/98 for Baxter Healthcare , entered and filed 3/5/98 (signed by Judge Jerome B. Friedman) Copies Mailed: 3/5/98 (clerk)
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Blank 23 Filed: 3/3/1998, Entered: 3/4/1998 Motion for Extension
MOTION by Baxter Healthcare to Extend Time To Respond To First Amended Complaint (clerk)
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Blank 22 Filed: 3/2/1998, Entered: 3/3/1998 Memorandum in Opposition
MEMORANDUM by Irvine Scientific Sales Company, Inc. in opposition to [4-1] temporary protective order, [2-1] motion by Jane Doe, John Doe for a temporary parte Protective Order (in opposition to permanent Protective Order), received. UNDER SEAL. (clerk)
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Blank 21 Filed: 3/2/1998, Entered: 3/3/1998 Memorandum in Opposition
MEMORANDUM by John Doe, Jane Doe in opposition to [13-1] motion by Baxter Healthcare Corporation to Dismiss, received. (clerk)
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Blank 20 Filed: 2/25/1998, Entered: 2/25/1998 OrderCourt Filing
ORDER granting [15-1] motion by Jane Doe, John Doe to Extend Time To File Brief In Opposition To Defendant Baxter Healthcare Corporation's Motion To Dismiss to 3/2/98, agreed, Reset Brief deadline to 3/2/98 , entered and filed 2/25/98 (signed by Judge Rebecca B. Smith) Copies Mailed: 2/25/98 (clerk)
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Blank 19 Filed: 2/23/1998, Entered: 2/24/1998 Memorandum in Support
MEMORANDUM in support of [18-1] motion by Irvine Scientific Sales Company, Inc. to Dismiss First Amended Complaint, received. (clerk)
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Blank 18 Filed: 2/23/1998, Entered: 2/24/1998 Motion to Dismiss
MOTION by Irvine Scientific Sales Company, Inc. to Dismiss First Amended Complaint (clerk)
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Blank 17 Filed: 2/23/1998, Entered: 2/24/1998 Memorandum in Support
MEMORANDUM in support of [16-1] motion by Irvine Scientific Sales Company, Inc. to Dismiss Complaint, received. (clerk)
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Blank 16 Filed: 2/23/1998, Entered: 2/24/1998 Motion to Dismiss
MOTION by Irvine Scientific Sales Company, Inc. to Dismiss Complaint (clerk)
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Blank -- Filed: 2/23/1998, Entered: 2/24/1998 Suspense Deadline
**Suspense 3/9/98 for briefs in opposition to Irvines' motions to dismiss. (clerk)
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Blank 15 Filed: 2/20/1998, Entered: 2/20/1998, Terminated: 2/25/1998 Motion for Extension
MOTION by Jane Doe, John Doe to Extend Time To File Brief In Opposition To Defendant Baxter Healthcare Corporation's Motion To Dismiss to 3/2/98 (clerk)
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Blank -- Filed: 2/18/1998, Entered: 2/18/1998 Suspense Deadline
**Suspense 3/4/98 for brief in opposition to defendant Baxter's motion to dismiss. (clerk)
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Blank 14 Filed: 2/17/1998, Entered: 2/18/1998 Memorandum in Support
MEMORANDUM in support of [13-1] motion by Baxter Healthcare Corporation to Dismiss, received. (clerk)
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Blank 13 Filed: 2/17/1998, Entered: 2/18/1998 Motion to Dismiss
MOTION by Baxter Healthcare Corporation to Dismiss (clerk)
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Blank 12 Filed: 2/12/1998, Entered: 2/13/1998 Amended Complaint
FIRST AMENDED COMPLAINT by John Doe, Jane Doe amending [1-1] complaint; jury demand (clerk)
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Blank 11 Filed: 2/12/1998, Entered: 2/13/1998 Motion for Leave to File
MOTION by Jane Doe, John Doe for Leave to File First Amended Complaint (clerk)
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Blank 10 Filed: 2/3/1998, Entered: 2/3/1998 OrderCourt Filing
ORDER Extending Time for Baxter Healthcare Corporation to answer to 2/16/98, agreed , Reset Answer deadline to 2/17/98 for Baxter Healthcare Corporation , entered and filed 2/3/98 (signed by Judge Rebecca B. Smith) Copies Mailed: 2/3/98 (clerk)
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Blank 9 Filed: 2/2/1998, Entered: 2/2/1998 Certificate Of Service.
Certificate of Compliance of the Secretary of the Commonwealth as to Irvine Scientific Company, Inc. (clerk)
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Blank 8 Filed: 1/30/1998, Entered: 1/30/1998 Summons Returned Executed
SUMMONS Returned Executed as to Baxter Healthcare Corporation on 1/13/98; Answer due on 2/2/98 for Baxter Healthcare Corporation (clerk)
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Blank 7 Filed: 1/28/1998, Entered: 1/29/1998 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to Irvine Scientific on 1/12/98; Answer due on 3/13/98 for Irvine Scientific (clerk)
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Blank 6 Filed: 1/26/1998, Entered: 1/27/1998 Certificate Of Service.
Certificate of Compliance of the Secretary of the Commonwealth as to Irvine Scientific; Answer due 2/17/98 for Irvine Scientific (clerk)
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Blank -- Filed: 1/5/1998, Entered: 1/5/1998 Suspense Deadline
**Suspense 2/17/98 for return of service. (clerk)
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Blank -- Filed: 12/22/1997, Entered: 12/22/1997 Summons Issued
SUMMONS (2 separate packages), with 1 copy eacy, issued for Irvine Scientific Company, Inc., Baxter Healthcare Corporation and delivered to counsel. Magistrate notice, etc. (clerk)
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Blank 5 Filed: 12/18/1997, Entered: 12/22/1997 Affidavit of Service
Affidavit for service of process on the Secretary of the Commonwealth for Irvine Scientific Sales Company, Inc., by plaintiff. (clerk)
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Sealed Legal Document 4 Filed: 12/17/1997, Entered: 12/17/1997 Pretrial OrderCourt Filing
Temporary Ex Parte Protective Order wherein defendants, their representatives, counsel, agents and employees shall not disclose any information that directly or indirectly identifies plaintiffs; that documents containing information directly or indirectly identifying plaintiffs shall be filed under seal, with redacted copies placed in the public files; that a hearing shall be scheduled with the presence of all parties to determine whether a permanent protective order is proper; entered and filed 12/17/97; ( signed by Judge Rebecca B. Smith ) Copies mailed 12/17/97 (afor)
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Blank 3 Filed: 12/16/1997, Entered: 12/17/1997 Memorandum in Support
MEMORANDUM by John Doe, Jane Doe in support of [2-1] motion by for a temporary ex parte Protective Order, received. (afor)
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Blank 2 Filed: 12/16/1997, Entered: 12/17/1997 Motion for Protective Order
MOTION by Jane Doe, John Doe for a temporary ex parte Protective Order (afor)
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Blank 1 Filed: 12/16/1997, Entered: 12/17/1997 Complaint
COMPLAINT; Filing Fee $150.00; Receipt #151743; jury demand (afor)
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