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Photo of Kent Co

Court

Kent Co

Delaware

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Case Information

Filed 2023-06-21
Status CLOSED - CLOSED
Type D 5 Fibercel
Docket 159 entries
Disposition dismiss

Parties

Plaintiff Shields, Linda L.
Defendant Lingenfelter D.o., Kenneth|First State Orthopaedics|Medtronic Sofamor Danek Usa, Inc.
Photo of Hon. Judge, Fibercel

Judge

Hon. Judge, Fibercel

Kent Co

Delaware

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Lawyers

Docket Entries

  1. ORDER
  2. INITIAL COMPLAINT
  3. CASE INFORMATION STATEMENT
  4. NOTICE
  5. WRIT ISSUED
  6. WRIT RETURN (GENERIC)
  7. WRIT RETURN (GENERIC)
  8. WRIT RETURN (GENERIC)
  9. WRIT RETURN (GENERIC)
  10. ENTRY OF APPEARANCE FILED
  11. WRIT ISSUED
  12. ANSWER
  13. MOTION TO CONSOLIDATE
  14. RESPONSE
  15. LETTER FOR JUDICIAL REVIEW
  16. NOTICE OF SERVICE
  17. ANSWER TO THE CROSSCLAIM
  18. ENTRY OF APPEARANCE FILED
  19. ORDER
  20. NOTICE OF DEPOSITION
  21. NOTICE OF DEPOSITION
  22. NOTICE OF SERVICE
  23. NOTICE OF SERVICE
  24. LETTER FOR JUDICIAL REVIEW
  25. ENTRY OF APPEARANCE FILED
  26. DISCOVERY
  27. ORDER
  28. E-MAIL FILED
  29. NOTICE OF DEPOSITION
  30. NOTICE OF DEPOSITION
  31. NOTICE OF DEPOSITION
  32. JUDICIAL ACTION FORM
  33. EXHIBITS
  34. LETTER FOR JUDICIAL REVIEW
  35. ORDER
  36. NOTICE OF SERVICE
  37. ANSWER TO THE CROSSCLAIM
  38. DISCOVERY
  39. NOTICE OF SERVICE
  40. NOTICE OF DEPOSITION
  41. NOTICE OF DEPOSITION
  42. DISCOVERY
  43. DISCOVERY
  44. DISCOVERY
  45. RE-NOTICE OF DEPOSITION
  46. NOTICE OF SERVICE
  47. MOTION
  48. E-MAIL FILED
  49. NOTICE OF DEPOSITION
  50. MOTION IN LIMINE
  51. MOTION IN LIMINE
  52. MOTION IN LIMINE
  53. MOTION IN LIMINE
  54. MOTION IN LIMINE
  55. MOTION IN LIMINE
  56. E-MAIL FILED
  57. CONFIRMATION DISMISSAL LETTER
  58. JUDICIAL ACTION FORM
  59. STIPULATION OF DISMISSAL
  60. NOTICE OF DEPOSITION OF DATE DOCKETED: SEPTEMBER 14, 2024 NOTICE OF DEPOSITION OF GAETANO J. SCUDERI, M.D. CERTIFICATE OF SERVICE ON NOTICE OF DEPOSITION OF GAETANO J. SCUDERI, M.D. ACCEPTED BY: SD TRANSACTION ID: 74315543
  61. NOTICE OF DEPOSITION
  62. NOTICE OF DEPOSITION OF DATE DOCKETED: SEPTEMBER 19, 2024 NOTICE OF DEPOSITION OF PLAINTIFFS LINDA AND JOHN SHIELDS CERTIFICATE OF SERVICE ON NOTICE OF DEPOSITION OF LINDA AND JOHN SHIELDS ACCEPTED BY: AK TRANSACTION ID: 74358857
  63. JUDICIAL ACTION FORM
  64. JUDICIAL ACTION FORM DATE DOCKETED: SEPTEMBER 24, 2024 ALL COUNSEL APPEARED FOR THE HEARING. DEFENDANT EXPERT REPORT IS DUE ON OCTOBER 23, 2024. DEFENDANT DEPOSITION CUT OFF SHALL BE NOVEMBER 1, 2024. ACCEPTED BY: SD TRANSACTION ID: 74564582
  65. EXHIBITS
  66. EXHIBITS DATE DOCKETED: SEPTEMBER 26, 2024 DEFENDANTS MEDTRONIC SOFAMOR DANEK USA, INC. AND SPINALGRAFT TECHNOLOGIES, LLC'S AMENDED CROSS CLAIM (WITH CERTIFICATE OF SERVICE) REDLINE ACCEPTED BY: SD TRANSACTION ID: 74588240
  67. LETTER FOR JUDICIAL REVIEW
  68. LETTER FOR JUDICIAL REVIEW DATE DOCKETED: SEPTEMBER 27, 2024 LETTER TO THE HONORABLE DANIELLE J. BRENNAN REQUESTING AND EXTENSION TO FILE THE EXPERT WITNESS DISCLOSURE FROM OCTOBER 1, 2024 TO OCTOBER 3, 2024 ACCEPTED BY: SD TRANSACTION ID: 74608443
  69. ORDER
  70. ORDER DATE DOCKETED: OCTOBER 1, 2024 ORDER SIGNED BY: JUDGE, FIBERCEL GRANTED (LETTER TO THE HONORABLE DANIELLE J. BRENNAN REQUESTING AND EXTENSION TO FILE THE EXPERT WITNESS DISCLOSURE FROM OCTOBER 1, 2024 TO OCTOBER 3, 2024) ACCEPTED BY: SD TRANSACTION ID: 74623059
  71. NOTICE OF SERVICE
  72. NOTICE OF SERVICE DATE DOCKETED: OCTOBER 2, 2024 NOTICE OF SERVICE OF (I) PLAINTIFFS LINDA L. SHIELDS RESPONSES AND OBJECTIONS TO DEFENDANTS DCI DONOR SERVICES, INC., AND NEW MEXICO DONOR SERVICES FIRST SET OF INTERROGATORIES (II) PLAINTIFFS LINDA L. SHIELDS RESPONSES AND OBJECTIONS TO DEFENDANTS DCI DONOR SERVICES, INC., AND NEW MEXICO DONOR SERVICES FIRST SET OF REQUESTS FOR PRODUCTION WITH CERTIFICATE OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 74640772
  73. ANSWER TO THE CROSSCLAIM
  74. ANSWER TO THE CROSSCLAIM DATE DOCKETED: OCTOBER 3, 2024 DENIAL OF CROSS-CLAIMS BY KENNETHER LINGENFELTER, D.O. AND FIRST STATE ORTHOPAEDICS, P.A. CERTIFICATE OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 74652537
  75. DISCOVERY
  76. DISCOVERY DATE DOCKETED: OCTOBER 3, 2024 EXPERT WITNESS DISCLOSURE ON BEHALF OF FIRST STATE ORTHOPAEDICS, P.A., AND KENNETH LINGENFELTER, D.O. EXHIBIT A TO EXPERT WITNESS DISCLOSURE EXHIBIT B TO EXPERT WITNESS DISCLOSURES NOTICE OF SERVICE ON EXPERT WITNESS DISCLOSURES ACCEPTED BY: AK TRANSACTION ID: 74655285
  77. NOTICE OF SERVICE
  78. NOTICE OF SERVICE DATE DOCKETED: OCTOBER 18, 2024 NOTICE OF SERVICE OF PLAINTIFF LINDA L. SHIELDS RESPONSES AND OBJECTIONS TO DEFENDANTS AZIYO BIOLOGICS, INC.S FIRST SET OF INTERROGATORIES; (II) PLAINTIFFS LINDA L. SHIELDS RESPONSES AND OBJECTIONS TO DEFENDANT AZIYO BIOLOGICS, INC.S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS; AND (III) THIS NOTICE OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 74786078
  79. NOTICE OF DEPOSITION
  80. NOTICE OF DEPOSITION OF DATE DOCKETED: OCTOBER 19, 2024 NOTICE OF DEPOSITION OF KENNETH LINGENFELTER, D.O. SCHEDULED FOR OCTOBER 25, 2024 BEGINNING AT 1:00 P.M. EST (WITH CERTIFICATE OF SERVICE) ACCEPTED BY: SD TRANSACTION ID: 74795960
  81. NOTICE OF DEPOSITION
  82. NOTICE OF DEPOSITION OF DATE DOCKETED: OCTOBER 19, 2024 NOTICE OF DEPOSITION OF AKHIL JAY KHANNA, M.D. SCHEDULED FOR OCTOBER 26, 2024 BEGINNING AT 9:00 A.M. EST (WITH CERTIFICATE OF SERVICE) ACCEPTED BY: SD TRANSACTION ID: 74795960
  83. DISCOVERY
  84. DISCOVERY DATE DOCKETED: OCTOBER 23, 2024 UPDATED EXPERT WITNESS DISCLOSURE ON BEHALF OF FIRST STATE ORTHOPAEDICS, P.A., AND KENNETH LINGENFELTER, D.O. NOTICE OF SERVICE ON UPDATED EXPERT WITNESS DISCLOSURE ON BEHALF OF FIRST STATE ORTHOPAEDICS, P.A. AND KENNETH LINGENFELTER, D.O. ACCEPTED BY: SD TRANSACTION ID: 74807599
  85. DISCOVERY
  86. DISCOVERY DATE DOCKETED: OCTOBER 24, 2024 EXPERT WITNESS DISCLOSURE OF A. JAY KHANNA, M.D., BY FIRST STATE ORTHOPAEDICS, P.A., AND KENNETH LINGENFELTER, D.O. EXHIBIT A TO EXPERT WITNESS DISCLOSURE OF A. JAY KHANNA, M.D. BY FSO AND LINGENFELTER NOTICE OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 74845359
  87. DISCOVERY
  88. DISCOVERY DATE DOCKETED: OCTOBER 24, 2024 DEFENDANTS MEDTRONIC SOFAMOR DANEK USA, INC. AND SPINALGRAFT TECHNOLOGIES, LLC'S EXPERT WITNESS DISCLOSURE (WITH CERTIFICATE OF SERVICE) EXHIBITS A - B TO DEFENDANTS MEDTRONIC SOFAMOR DANEK USA, INC. AND SPINALGRAFT TECHNOLOGIES, LLC'S EXPERT WITNESS DISCLOSURE ACCEPTED BY: SD TRANSACTION ID: 74847114
  89. RE-NOTICE OF DEPOSITION
  90. RE-NOTICE OF DEPOSITION OF: DATE DOCKETED: OCTOBER 25, 2024 AMENDED NOTICE OF DEPOSITION OF KENNETH LINGENFELTER, D.O. SCHEDULED FOR OCTOBER 25, 2024 BEGINNING AT 1:00 P.M. EST (WITH CERTIFICATE OF SERVICE) ACCEPTED BY: SD TRANSACTION ID: 74860827
  91. NOTICE OF SERVICE
  92. NOTICE OF SERVICE DATE DOCKETED: NOVEMBER 2, 2024 NOTICE OF SERVICE OF SUBPOENA DIRECTED TO DOCUSIGN, INC. (WITH CERTIFICATE OF SERVICE) SUBPOENA DIRECTED TO DOCUSIGN, INC. WITH PROOF OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 74925080
  93. MOTION
  94. MOTION DATE DOCKETED: NOVEMBER 3, 2024 PLAINTIFFS MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF PAYAM NAHID, M.D. WITH CERTIFICATE OF SERVICE NOTICE OF PLAINTIFFS MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF PAYAM NAHID, M.D. TO BE PRESENTED AT THE CONVENIENCE OF THE COURT [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF PAYAM NAHID, M.D. PLAINTIFF'S OPENING BRIEF IN SUPPORT OF PLAINTIFFS MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF PAYAM NAHID, M.D. [CONFIDENTIAL FILING] EXHIBITS A-D TO PLAINTIFF'S OPENING BRIEF IN SUPPORT OF PLAINTIFFS MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF PAYAM NAHID, M.D. [CONFIDENTIAL FILING] CERTIFICATE OF COMPLIANCE CERTIFICATE OF SERVICE TO PLAINTIFF'S OPENING BRIEF IN SUPPORT OF PLAINTIFFS MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF PAYAM NAHID, M.D. ACCEPTED BY: AK TRANSACTION ID: 74927768
  95. E-MAIL FILED
  96. E-MAIL FILED DATE DOCKETED: NOVEMBER 21, 2024 ORDER SIGNED BY: JUDGE, FIBERCEL EMAIL FROM ALICIA MAXWELL CONFIRMING THE STATUS CONFERENCE SCHEDULED FOR 12-05-24 AT 11:00 A.M., VIA COURTSCRIBES. ACCEPTED BY: SD TRANSACTION ID: 75053205
  97. NOTICE OF DEPOSITION
  98. NOTICE OF DEPOSITION OF DATE DOCKETED: DECEMBER 5, 2024 NOTICE OF DEPOSITION OF ALEXANDER R. VACCARO, M.D., FOR USE AT TRIAL SCHEDULED FOR DECEMBER 9, 2024 BEGINNING AT 3:00 P.M. EST. (WITH CERTIFICATE OF SERVICE) ACCEPTED BY: SD TRANSACTION ID: 75135476
  99. MOTION IN LIMINE
  100. MOTION IN LIMINE DATE DOCKETED: DECEMBER 13, 2024 PLAINTIFFS MOTION IN LIMINE TO PRECLUDE EVIDENCE OF CERTAIN IRRELEVANT FAMILY HISTORY [CONFIDENTIAL FILING] NOTICE OF PLAINTIFFS MOTION IN LIMINE TO PRECLUDE EVIDENCE OF CERTAIN IRRELEVANT FAMILY HISTORY WILL BE PRESENTED AT THE PRETRIAL CONFERENCE SCHEDULED FOR JANUARY 2, 2025 [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION IN LIMINE TO PRECLUDE EVIDENCE OF CERTAIN IRRELEVANT FAMILY HISTORY EXHIBITS A-B TO PLAINTIFFS MOTION IN LIMINE TO PRECLUDE EVIDENCE OF CERTAIN IRRELEVANT FAMILY HISTORY CERTIFICATE OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 75195809
  101. MOTION IN LIMINE
  102. MOTION IN LIMINE DATE DOCKETED: DECEMBER 13, 2024 PLAINTIFFS MOTION IN LIMINE TO PRECLUDE HYPOTHETICAL QUESTION WHETHER TUBERCULOSIS CELLS WOULD HAVE BEEN KILLED IF FIBERCEL WAS TERMINALLY STERILIZED WITH (CERTIFICATE OF SERVICE) NOTICE OF PLAINTIFFS MOTION IN LIMINE TO PRECLUDE HYPOTHETICAL QUESTION WHETHER TUBERCULOSIS CELLS WOULD HAVE BEEN KILLED IF FIBERCEL WAS TERMINALLY STERILIZED WILL BE PRESENTED TO THE COURT AT THE PRETRIAL CONFERENCE SCHEDULED FOR JANUARY 2, 2025. [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION IN LIMINE TO PRECLUDE HYPOTHETICAL QUESTION WHETHER TUBERCULOSIS CELLS WOULD HAVE BEEN KILLED IF FIBERCEL WAS TERMINALLY STERILIZED EXHIBITS A-B TO PLAINTIFFS MOTION IN LIMINE TO PRECLUDE HYPOTHETICAL QUESTION WHETHER TUBERCULOSIS CELLS WOULD HAVE BEEN KILLED IF FIBERCEL WAS TERMINALLY STERILIZED ACCEPTED BY: SD TRANSACTION ID: 75196688
  103. MOTION IN LIMINE
  104. MOTION IN LIMINE DATE DOCKETED: DECEMBER 13, 2024 PLAINTIFFS MOTION IN LIMINE TO PRECLUDE IRRELEVANT EVIDENCE PERSONAL TO DEFENDANT KENNETH LINGENFELTER, D.O. WITH (CERTIFICATE OF SERVICE) NOTICE OF PLAINTIFFS MOTION IN LIMINE TO PRECLUDE IRRELEVANT EVIDENCE PERSONAL TO DEFENDANT KENNETH LINGENFELTER, D.O. WILL BE PRESENTED TO THE COURT DURING THE PRETRIAL CONFERENCE SCHEDULED FOR JANUARY 2, 2025. [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION IN LIMINE TO PRECLUDE IRRELEVANT EVIDENCE PERSONAL TO DEFENDANT KENNETH LINGENFELTER, D.O. EXHIBITS A-B TO PLAINTIFFS MOTION IN LIMINE TO PRECLUDE IRRELEVANT EVIDENCE PERSONAL TO DEFENDANT KENNETH LINGENFELTER, D.O. ACCEPTED BY: SD TRANSACTION ID: 75197192
  105. MOTION IN LIMINE
  106. MOTION IN LIMINE DATE DOCKETED: DECEMBER 13, 2024 PLAINTIFFS MOTION IN LIMINE TO PRECLUDE EVIDENCE THAT SURGEONS OTHER THAN DEFENDANT MIX LIVE CELL ALLOGRAFT WITH PATIENTS BONE MARROW ASPIRATE WITH (CERTIFICATE OF SERVICE) NOTICE OF PLAINTIFFS MOTION IN LIMINE TO PRECLUDE EVIDENCE THAT SURGEONS OTHER THAN DEFENDANT MIX LIVE CELL ALLOGRAFT WITH PATIENTS BONE MARROW ASPIRATE WILL BE PRESENTED TO THE COURT AT THE PRETRIAL CONFERENCE SCHEDULED FOR JANUARY 2, 2025. [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION IN LIMINE TO PRECLUDE EVIDENCE THAT SURGEONS OTHER THAN DEFENDANT MIX LIVE CELL ALLOGRAFT WITH PATIENTS BONE MARROW ASPIRATE EXHIBITS A-F TO PLAINTIFFS MOTION IN LIMINE TO PRECLUDE EVIDENCE THAT SURGEONS OTHER THAN DEFENDANT MIX LIVE CELL ALLOGRAFT WITH PATIENTS BONE MARROW ASPIRATE ACCEPTED BY: SD TRANSACTION ID: 75200873
  107. MOTION IN LIMINE
  108. MOTION IN LIMINE DATE DOCKETED: DECEMBER 13, 2024 DEFENDANTS KENNETH LINGENFELTER, D.O. AND FIRST STATE ORTHOPAEDICS, P.A.S MOTION IN LIMINE TO PRECLUDE AND LIMIT SPECIFIC TESTIMONY OF PLAINTIFFS EXPERT WITNESS DR. ALEXANDER VACCARO NOTICE OF MOTION PROPOSED ORDER GRANTING DEFENDANTS KENNETH LINGENFELTER, D.O. AND FIRST STATE ORTHOPAEDICS, P.A.S MOTION IN LIMINE TO PRECLUDE AND LIMIT SPECIFIC TESTIMONY OF PLAINTIFFS EXPERT WITNESS DR. ALEXANDER VACCARO CERTIFICATE OF COMPLIANCE CERTIFICATE OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 75205268
  109. MOTION IN LIMINE
  110. MOTION IN LIMINE DATE DOCKETED: DECEMBER 13, 2024 DEFENDANTS KENNETH LINGENFELTER, D.O. AND FIRST STATE ORTHOPAEDICS, P.A.S MOTION IN LIMINE TO PRECLUDE AND LIMIT SPECIFIC TESTIMONY OF PLAINTIFFS EXPERT WITNESS DR. GAETANO SCUDERI NOTICE OF MOTION DEPOSITION TRANSCRIPT OF DR. GAETANO SCUDERI SEPTEMBER 19, 2024 DEPOSITION TRANSCRIPT OF LINDA SHIELDS FEBRUARY 22, 2024 DEPOSITION TRANSCRIPT OF LINDA SHIELDS SEPTEMBER 25, 2024 PROPOSED ORDER GRANTING DEFENDANTS KENNETH LINGENFELTER, D.O. AND FIRST STATE ORTHOPAEDICS, P.A.S MOTION IN LIMINE TO PRECLUDE AND LIMIT SPECIFIC TESTIMONY OF PLAINTIFFS EXPERT WITNESS DR. GAETANO SCUDERI CERTIFICAE OF COMPLIANCE CERTIFICATE OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 75205403
  111. E-MAIL FILED
  112. E-MAIL FILED DATE DOCKETED: DECEMBER 19, 2024 EMAIL FROM YVONNE SAVILLE ADVISING THAT THE CASE HAS SETTLED. ACCEPTED BY: SD TRANSACTION ID: 75251898
  113. CONFIRMATION DISMISSAL LETTER
  114. CONFIRMATION OF DISMISSAL LETTER DATE DOCKETED: DECEMBER 19, 2024 THIS LETTER IS A CONFIRMATION THAT THE COURT HAS BEEN NOTIFIED BY THE PLAINTIFF OR PLAINTIFF'S COUNSEL IN THE ABOVE REFERENCED CASE THAT THE PARTIES HAVE SETTLED THIS MATTER AS TO ALL CLAIMS AND ALL PARTIES. IN ORDER FOR THE COURT TO CLOSE ITS FILE, A STIPULATION OF DISMISSAL MUST BE FILED. IF A STIPULATION OF DISMISSAL, OR A LETTER STATING THE STATUS OF THIS MATTER, IS NOT FILED WITH THE COURT WITHIN SIXTY (60) DAYS OF THE DATE OF THIS LETTER, THE COURT WILL DISMISS THIS ACTION WITH PREJUDICE. ACCEPTED BY: SD TRANSACTION ID: 75251920
  115. JUDICIAL ACTION FORM
  116. JUDICIAL ACTION FORM DATE DOCKETED: JANUARY 10, 2025 JUDICIAL ACTION FORM FROM HEARING HELD ON DECEMBER 5, 2024. ACCEPTED BY: SD TRANSACTION ID: 75401177
  117. STIPULATION OF DISMISSAL
  118. CLOSED: STIPULATION OF DISMISSAL DATE DOCKETED: MARCH 6, 2025 STIPULATION OF DISMISSAL ACCEPTED BY: SD TRANSACTION ID: 75768272
  119. ORDER
  120. ORDER DATE DOCKETED: MARCH 11, 2025 ORDER SIGNED BY: JUDGE, FIBERCEL SO ORDERED (STIPULATION OF DISMISSAL) ACCEPTED BY: SD TRANSACTION ID: 75802569

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