Apple v. Stryker Corporation

Federal Civil Lawsuit Ohio Northern District Court, Case No. 1:13-cv-01169-DAP
District Judge Dan Aaron Polster, presiding
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District Judge Dan Aaron Polster
Last Updated January 9, 2017 at 6:00 AM EST (8.5 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Hinda T Apple, Plaintiff

Represented by Law Office of Richard L. Demsey

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard L. Demsey +1 216 263 7900 +1 216 263 7901 rdemsey@demseylaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Justin D. Gould +1 216 263 7900 +1 216 263 7901 jgould@demseylaw.com
v.
No Logo John Does and/or John Does, Inc. 1-10, Defendant

Represented by Law Office of Richard L. Demsey

Name Phone Fax E-Mail
Space Justin D. Gould +1 216 263 7900 +1 216 263 7901 jgould@demseylaw.com
No Logo Stryker Corporation, Defendant

Represented by Stites & Harbison, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Robert M. Connolly +1 502 587 3400 +1 502 687 6391 rconnolly@stites.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED J. Brittany Cross +1 502 587 2086 +1 502 587 6391 bcross@stites.com

Represented by Ulmer & Berne, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Paul J. Cosgrove +1 513 698 5000 +1 513 698 5001 pcosgrove@ulmer.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joshua Adam Klarfeld +1 216 583 7192 jklarfeld@ulmer.com
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 367 - Health Care/Pharmaceutical Personal Injury Product Liability
Office Cleveland
Filed 5/24/2013
Jury Demand Both
Demand $25000
Cause Section 28 U.S.C. § 1441 Petition for Removal- Personal Injury
Jurisdiction Diversity
Disposition Dismissed - Settled
County Cuyahoga
Terminated 10/10/2013
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case CV13804680[Court of Common Pleas, Cuyahoga County, Ohio]
Defendant Custody Status
Flags Cat08,Termed,White
Timeline
  Entries (24) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 16 Filed: 10/10/2013, Entered: 10/11/2013 Order Dismissing CaseCourt Filing
Order granting Stipulated Dismissal Entry. Signed by Judge Dan Aaron Polster on 10/10/2013. (K,K)
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Blank  Filed: None, Entered: None Settlement Conference
Minutes of proceedings [non-document] before Judge Dan Aaron Polster. Settlement Conference held 10/10/13. Case settled. Time: 4 hrs. (P,R)
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Blank  Filed: None, Entered: None Order on Motion for Order
Order [non-document] granting Stryker's Motion to Begin October 10, 2013 Settlement Conference Without Representative (Related Doc # [15]). Judge Dan Aaron Polster on 10/4/13.(P,R)
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Legal Document (Payment Possibly Required) 15 Filed: 10/3/2013, Entered: 10/3/2013, Terminated: 10/4/2013 Motion for Order
Motion to Begin October 10, 2013 Settlement Conference Without Representative or, in the Alternative, to Continue Start Time of October 10, 2013 Settlement Conference 45 Minutes to Allow for Travel of Defendant's Out-of-State Representative From the Airport filed by Defendant Stryker Corporation. (Klarfeld, Joshua)
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Blank  Filed: None, Entered: None Order on Motion to Dismiss for Failure to State a Claim
Order [non-document] denying as moot Defendant's Motion to dismiss for failure to state a claim (Related Doc # [11]) based on filing of [13] second amended complaint. Judge Dan Aaron Polster on 9/19/13.(P,R)
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Legal Document (Payment Possibly Required) 14 Filed: 9/4/2013, Entered: 9/4/2013 Answer to Amended Complaint
Answer to [13] Amended complaint filed by Stryker Corporation. (Klarfeld, Joshua)
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Legal Document (Payment Possibly Required) 13 Filed: 8/20/2013, Entered: 8/20/2013 Amended Complaint
Second Amended complaint against All Defendants. Filed by Hinda T Apple. (Demsey, Richard)
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Legal Document (Payment Possibly Required) 12 Filed: 8/9/2013, Entered: 8/9/2013 Minute Order _ Telephone ConferenceCourt Filing
Minute and Scheduling Order of Telephone Conference held on 8/8/2013. Plaintiff shall file an amended complaint by 8/20/2013. Settlement Conference is set for 9:00 a.m. on 10/10/2013 in Chambers 18B before Judge Dan Aaron Polster. Position letters to be submitted by facsimile are due by 12:00 p.m. on 10/8/2013. Signed by Judge Dan Aaron Polster on 8/8/2013. (B,B)
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Legal Document (Payment Possibly Required) 11 Filed: 7/25/2013, Entered: 7/25/2013, Terminated: 9/19/2013 Motion to Dismiss for Failure to State a Claim
Motion to dismiss for failure to state a claim of Plaintiff's First Amended Complaint filed by Defendant Stryker Corporation. (Attachments: # (1) Brief in Support)(Cosgrove, Paul)
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Legal Document (Payment Possibly Required) 10 Filed: 7/8/2013, Entered: 7/8/2013 Amended Complaint
First Amended complaint with Jury Demand Endorsed Hereon against All Defendants. Filed by Hinda T Apple. (Attachments: # (1) Exhibit University Hospital Medical Implant Record, # (2) Exhibit University Hosiptal Operative Report) (Demsey, Richard)
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Legal Document (Payment Possibly Required) 9 Filed: 6/25/2013, Entered: 6/25/2013 Order on Motion to Dismiss for Failure to State a ClaimCourt Filing
Memorandum of Opinion and Order denying as moot Defendant's Motion to dismiss for failure to state a claim (Related Doc # [4]); denying as moot [5] Plaintiff's Motion to Amend. Plaintiff directed to file by 4:00 PM on 7/8/13 an amended complaint that fully, accurately and precisely details the facts supporting each of OPLA claims. Judge Dan Aaron Polster on 6/25/13.(P,R)
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Legal Document (Payment Possibly Required) 8 Filed: 6/17/2013, Entered: 6/17/2013 Reply
Reply to response to [5] Motion for extension of, [4] Motion to dismiss for failure to state a claim filed by Stryker Corporation. (Klarfeld, Joshua)
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Blank  Filed: None, Entered: None Order on Motion to Appear Pro Hac Vice
Order [non-document] granting Motions for appearance pro hac vice by attorneys Robert Connolly and J. Brittany Cross for Stryker Corporation. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc ## [6][7]). Judge Dan Aaron Polster on 6/17/13.(P,R)
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Legal Document (Payment Possibly Required) 7 Filed: 6/10/2013, Entered: 6/10/2013, Terminated: 6/17/2013 Motion to Appear Pro Hac Vice
Motion for attorney J. Brittany Cross to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6029476, filed by Defendant Stryker Corporation. (Attachments: # (1) Exhibit A - Certificate of Good Standing, # (2) Affidavit of J. Brittany Cross)(Klarfeld, Joshua)
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Legal Document (Payment Possibly Required) 6 Filed: 6/10/2013, Entered: 6/10/2013, Terminated: 6/17/2013 Motion to Appear Pro Hac Vice
Motion for attorney Robert M. Connolly to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6029466, filed by Defendant Stryker Corporation. (Attachments: # (1) Exhibit A - Certificate of Good Standing, # (2) Affidavit of Robert M. Connolly)(Klarfeld, Joshua)
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Legal Document (Payment Possibly Required) 5 Filed: 6/7/2013, Entered: 6/7/2013, Terminated: 6/25/2013 Motion for Extension of Time - Other
Plaintiff's Combined Brief in Opposition to Motion to Dismiss and Motion for Amend Complaint by Interlineation, and in the Alternation, Motion for Extension of Time filed by All Plaintiffs. Related document(s)[4]. (Attachments: # (1) Exhibit Implant Record/Op Report 2010, # (2) Exhibit Op & Pathology Reports 2011) (Demsey, Richard) Modified to add Motion for Extension of Time on 6/10/2013 (K,K).
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Legal Document (Payment Possibly Required) 4 Filed: 5/31/2013, Entered: 5/31/2013, Terminated: 6/25/2013 Motion to Dismiss for Failure to State a Claim
Motion to dismiss for failure to state a claim filed by Defendant Stryker Corporation. Response due 7/3/2013. (Attachments: # (1) Brief in Support of Motion to Dismiss)(Klarfeld, Joshua)
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Blank  Filed: None, Entered: None Notice Regarding Attorney Admission Status
Notice to Attorney Robert M. Connolly. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Notice sent to attorney by U.S. Mail on 5/31/2013. Related document(s)[1]. (P,G)
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Legal Document (Payment Possibly Required) 3 Filed: 5/24/2013, Entered: 5/24/2013 Corporate Disclosure Statement
Corporate Disclosure Statement filed by Stryker Corporation. (Cosgrove, Paul)
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Legal Document (Payment Possibly Required) 2 Filed: 5/24/2013, Entered: 5/24/2013 Magistrate Consent Form Issued
Magistrate Consent Form issued. (K,K)
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Legal Document (Payment Possibly Required) 1 Filed: 5/24/2013, Entered: 5/24/2013 Notice of Removal
Notice of Removal from Court of Common Pleas, Cuyahoga County, Ohio, case number CV13804680 with jury demand, Filing fee $ 400, receipt number 0647-6004955.. Filed by Stryker Corporation. (Attachments: # (1) Exhibit A, # (2) Civil Cover Sheet) (Cosgrove, Paul)
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Blank  Filed: None, Entered: None Random Assignment of Magistrate Judge
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Greg White. (K,K)
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Blank  Filed: None, Entered: None Utility Event
Judge Dan Aaron Polster assigned to case. Judge Lesley Wells terminated. (K,K)
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Blank  Filed: None, Entered: None Utility Event
Judge Lesley Wells assigned to case. Recused pursuant to General Order. (K,K)
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