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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-05-20
Status ACTIVE
Type Tort Product Liability
Docket 143 entries

Parties

Plaintiff Charles Yerkey|Melody Yerkey
Defendant Sorin Group Deutschland|Sorin Group Usa, Inc.|Sorin Crm Usa, Inc.|Cleveland Clinic Foundation|Cleveland Clinic Foundation Dba Cleveland Clinic|Cleveland Clinic Main Campus
Photo of Hon. Kira Krivosh

Judge

Hon. Kira Krivosh

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT
  2. IVANOVA'S UNOPPOSED MOTION TO CONTINUE FINAL PRETRIAL. ZACHARY C. MACIASZEK 0097751, FILED 08/25/2025, IS CONDITIONALLY GRANTED. PARTIES TO JOINTLY PROPOSE NEW DATES TO THE COURT WITHIN 7 DAYS. IT IS SO ORDERED. NOTICE ISSUED
  3. EFENDANT(S) SORIN GROUP DEUTSCHLAND(D1) and SORIN GROUP USA, INC.(D2)'S MOTION FOR CONTINUANCE LIVANOVA'S UNOPPOSED MOTION TO CONTINUE FINAL PRETRIAL. ZACHARY C. MACIASZEK 0097751
  4. OTION FILED FOR DEFENDANT(S) SORIN GROUP DEUTSCHLAND(D1) and SORIN GROUP USA, INC.(D2) ZACHARY C. MACIASZEK 0097751 MOTION FOR PERMISSION FOR CHRISTOPHER J. CASOLARO TO APPEAR PRO HAC VICE
  5. OTICE OF APPEARANCE, FILED PLAINTIFF(S) CHARLES YERKEY(P1) and MELODY YERKEY(P2) JOSEPH O. FLANNERY 0098161. NOTICE OF APPEARANCE
  6. OTION FILED FOR DEFENDANT(S) SORIN GROUP DEUTSCHLAND(D1) and SORIN GROUP USA, INC.(D2) ZACHARY C. MACIASZEK 0097751 MOTION FOR PERMISSION FOR ANDREW G. JACKSON TO APPEAR PRO HAC VICE
  7. EDIATION HEARING HELD. CASE DID NOT SETTLE AND IS RETURNED TO THE DOCKET OF JUDGE KIRA KRIVOSH (392). NOTICE ISSUED
  8. OTION FILED FOR D4 CLEVELAND CLINIC FOUNDATION EDWARD E TABER 0066707 DEFENDANT THE CLEVELAND CLINIC FOUNDATION'S JOINDER IN LIVANOVA'S REPLY BRIEF IN SUPPORT OF MOTION TO STRIKE UNTIMELY EXPERT REPORTS
  9. EPLY BRIEF FILED BY DEFENDANT(S) SORIN GROUP DEUTSCHLAND(D1) and SORIN GROUP USA, INC.(D2) ZACHARY C. MACIASZEK 0097751 LIVANOVA'S REPLY IN SUPPORT OF MOTION TO STRIKE PLAINTIFFS' UNTIMELY EXPERT REPORTS PRODUCED ON JUNE 13, 2025
  10. OTICE OF APPEARANCE, FILED DEFENDANT(S) CLEVELAND CLINIC FOUNDATION(D4), CLEVELAND CLINIC FOUNDATION(D5) and CLEVELAND CLINIC - MAIN CAMPUS(D6) TAYLER GILL 0102513.
  11. EDIATION SET FOR 08/13/2025 AT 09:00 AM. (Notice Sent).
  12. EDIATION SCHEDULED FOR 08/08/2025 AT 09:00 AM IS CANCELLED.
  13. S DEFENDANTS SORIN GROUP DEUTSCHLAND GMBH N/K/A LIVANOVA DEFENDANTS FILED A NEARLY 1300-PAGE MOTION FOR SUMMARY JUDGMENT ON 08/04/2025, ALL PARTIES ARE HEREBY INSTRUCTED TO UTILITZE EXHIBITS AS LABELED AND PRESENTED IN THAT MOTION AND TO NOT RE-ATTACH REDUNDANT EXHIBITS TO RESPONSIVE PLEADINGS. NEW EXHIBITS MAY BE ATTACHED. QUESTIONS TO BE DIRECTED TO STAFF ATTORNEY AT [email protected]. IT IS SO ORDERED. NOTICE ISSUED
  14. ENERAL PLEADING FILED BY DEFENDANT(S) SORIN GROUP DEUTSCHLAND(D1) and SORIN GROUP USA, INC.(D2) ATTORNEY ZACHARY C. MACIASZEK 0097751 LIVANOVA'S SUPPLEMENT TO MOTION FOR SUMMARY JUDGMENT
  15. OTICE FILED BY DEFENDANT(S) CLEVELAND CLINIC FOUNDATION(D4), CLEVELAND CLINIC FOUNDATION(D5) and CLEVELAND CLINIC - MAIN CAMPUS(D6) ATTORNEY EDWARD E TABER 0066707 DEFENDANT THE CLEVELAND CLINIC FOUNDATION'S NOTICE OF FILING EXHIBITS A-1 THROUGH A-4 TO MOTION FOR SUMMARY JUDGMENT
  16. OTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT
  17. OTION FOR SUMMARY JUDGMENT FILED LIVANOVA'S MOTION FOR SUMMARY JUDGMENT PART TWO
  18. OTION FOR SUMMARY JUDGMENT FILED LIVANOVA'S MOTION FOR SUMMARY JUDGMENT PART ONE
  19. XHBIT OF BRIEF FILED BY PLAINTIFF(S) CHARLES YERKEY(P1) and MELODY YERKEY(P2), DENNIS R. LANSDOWNE 0026036 EXHIBIT E TO PLAINTIFFS' OMNIBUS OPPOSITION TO DEFENDANTS' MOTION TO STRIKE PLAINTIFFS' EXPERT REPORTS PRODUCED ON JUNE 13, 2025
  20. XHBIT OF BRIEF FILED BY PLAINTIFF(S) CHARLES YERKEY(P1) and MELODY YERKEY(P2), DENNIS R. LANSDOWNE 0026036 EXHIBITS K THROUGH P TO PLAINTIFFS' OMNIBUS OPPOSITION TO DEFENDANTS' MOTION TO STRIKE PLAINTIFFS' EXPERT REPORTS PRODUCED ON JUNE 13, 2025
  21. XHBIT OF BRIEF FILED BY PLAINTIFF(S) CHARLES YERKEY(P1) and MELODY YERKEY(P2), DENNIS R. LANSDOWNE 0026036 EXHIBITS F THROUGH J TO PLAINTIFFS' OMNIBUS OPPOSITION TO DEFENDANTS' MOTION TO STRIKE PLAINTIFFS' EXPERT REPORTS PRODUCED ON JUNE 13, 2025
  22. RIEF IN OPPOSITION FILED BY PLAINTIFF(S) CHARLES YERKEY(P1) and MELODY YERKEY(P2) DENNIS R. LANSDOWNE 0026036 PLAINTIFFS' OMNIBUS OPPOSITION TO DEFENDANTS' MOTION TO STRIKE PLAINTIFFS' EXPERT REPORTS PRODUCED ON JUNE 13, 2025
  23. OTION FILED FOR D5 CLEVELAND CLINIC FOUNDATION EDWARD E TABER 0066707 DEFENDANT THE CLEVELAND CLINIC FOUNDATION'S JOINDER IN AND ADOPTION OF DEFENDANT LIVANOVA'S MOTION TO STRIKE PLAINTIFFS' UNTIMELY EXPERT REPORTS PRODUCED ON JUNE 13, 2025
  24. OTION FILED FOR DEFENDANT(S) SORIN GROUP DEUTSCHLAND(D1), SORIN GROUP USA, INC.(D2) and SORIN CRM USA, INC.(D3) ZACHARY C. MACIASZEK 0097751 LIVANOVA'S MOTION TO STRIKE PLAINTIFFS' UNTIMELY EXPERT REPORTS PRODUCED ON JUNE 13, 2025
  25. EDIATION SET FOR 08/08/2025 AT 09:00 AM. (Notice Sent).
  26. EFENDANTS' MOTION TO EXTEND CASE MANAGEMENT DEADLINES, FILED 06/13/2025, IS GRANTED AND DENIED IN PART. DUE TO THE SIGNIFICANT CASE HISTORY AND REPEATED EXTENSIONS PREVIOUSLY GRANTED, NO EXTENSIONS AFFECTING FINAL PRETRIAL AND TRIAL DATES WILL BE GRANTED. ACCORDINGLY, FINAL PRETRIAL REMAINS SET FOR 09/09/2025 AND TRIAL BY JURY REMAINS SET FOR 10/06/2025; ORDERS TO FOLLOW. IN FAIRNESS TO DEFENDANT AND DUE TO PLAINTIFF'S DISREGARD OF THE AFFIRMATIVE EXPERT REPORT DEADLINE OF 03/28/2025, DEFENDANT IS GRANTED UNTIL 07/21/2025 TO FILE THEIR EXPERT REPORT/S. ORDINARILY, THE COURT WOULD BE INCLINED TO PERMIT DEFENDANT THE INTERVAL CORRESPONDING TO THE ORIGINAL ORDER, WHICH IN THIS SITUATION WOULD HAVE RENDERED THE EXPERT REPORT/S DUE 07/08/2025; HOWEVER, IN THE INTEREST OF FAIRNESS AND DUE TO THE HOLIDAY WEEKEND, THE COURT IS EXTENDING DEFENDANT'S TIME. THE COMPLETE AMENDED CASE SCHEDULE IS AS FOLLOWS: 07/21/2025: RESPONSIVE EXPERT REPORT DEADLINE 08/04/2025: DISPOSITIVE MOTION DEADLINE CAPTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. CASE TO BE MEDIATED BY 09/05/2025. FINAL PRETRIAL REMAINS SET FOR 09/09/2025 AT 1:30. COURTROOM 20-C. FINAL PRETRIAL STATEMENTS DUE 7 DAYS PRIOR AND SHOULD BE FILED ON THE DOCKET OR EMAILED TO THE STAFF ATTORNEY AT [email protected]. ALL PARTIES, INCLUDING PARTIES WITH ULTIMATE SETTLEMENT AUTHORITY MUST BE PRESENT, IN PERSON, AT THE FINAL PRETRIAL. TRIAL BY JURY REMAINS SET FOR 10/06/2025. JOINT PROPOSED JURY INSTRUCTIONS, INTERROGATORIES, VERDICT FORMS, AND STATEMENT OF THE CASE TO BE READ TO PROSPECTIVE JURORS ARE DUE 14 DAYS PRIOR TO TRIAL. ANY INSTRUCTIONS IN DISPUTE MUST BE SUBMITTED SEPARATELY TO THE STAFF ATTORNEY AT [email protected]. TRIAL BRIEFS, WITNESS LISTS, AND EXHIBIT LISTS ARE DUE 14 DAYS PRIOR TO TRIAL. EXHIBITS MUST BE LABELED, MARKED, BOUND, AND DELIVERED TO THE COURT 7 DAYS PRIOR TO TRIAL. EACH PARTY MUST INCLUDE AS ONE OF THEIR EXHIBITS THE CURRICULUM VITAE OF ANY EXPERT(S) THAT MAY BE CALLED TO PRESENT EVIDENCE OR TESTIMONY AT TRIAL FOR THE USE OF COURT. ANY PARTY WISHING TO PROFFER DEPOSITION TESTIMONY (VIDEOTAPE AND WRITTEN) AT TRIAL IS TO FILE A LIST OF ALL DEPOSITION TRANSCRIPTS 14 DAYS BEFORE TRIAL. ANY OBJECTIONS REQUIRING RULINGS MUST BE SUBMITTED 7 DAYS PRIOR TO TRIAL. COUNSEL PROPOSING TO USE THE TESTIMONY IN QUESTION MUST FILE EITHER A RESPONSE TO THE OBJECTIONS OR INDICATE THEIR AGREEMENT TO DELETE THE PORTION OF THE DEPOSITION FOR WHICH THERE IS AN OBJECTION 3 DAYS BEFORE TRIAL. THE COURT MUST BE PROVIDED WITH A COMPLETE WRITTEN TRANSCRIPT OF THE DISPUTED DEPOSITIONS. FAILURE OF ANY PARTY TO SUBMIT OBJECTIONS SHALL RESULT IN WAIVER OF ALL OBJECTIONS. MOTIONS IN LIMINE ARE DUE 14 DAYS PRIOR TO TRIAL. ANY BRIEFS IN OPPOSITION TO MOTIONS IN LIMINE ARE DUE 7 DAYS PRIOR TO TRIAL. REPLY BRIEFS IN SUPPORT OF MOTIONS IN LIMINE BY LEAVE OF COURT ONLY. UNTIMELY MOTIONS WILL NOT BE CONSIDERED OR ACCEPTED. ALL PARTIES TO NOTE THAT A PERSON WITH ULTIMATE SETTLEMENT AUTHORITY MUST BE PRESENT, IN PERSON, FOR ALL SET DATES. FAILURE TO APPEAR AT ANY SET DATE WILL RESULT IN SANCTIONS INCLUDING BUT NOT LIMITED TO JUDGMENT RENDERED OR DISMISSAL PURSUANT TO CIV. R. 41(B). IT IS SO ORDERED. NOTICE ISSUED
  27. OTION FILED FOR DEFENDANT(S) SORIN GROUP DEUTSCHLAND(D1), SORIN GROUP USA, INC.(D2), CLEVELAND CLINIC FOUNDATION(D4), CLEVELAND CLINIC FOUNDATION(D5) and CLEVELAND CLINIC - MAIN CAMPUS(D6) EMILY R GRACE 0101053 DEFENDANTS' MOTION TO EXTEND CASE MANAGEMENT DEADLINES
  28. OTICE OF AUTOMATIC EXCLUSION PRO HAC VICE ATTORNEY ADRIENNE BUSBY
  29. OTICE OF AUTOMATIC EXCLUSION TIMOTHY ZANGHI
  30. OTICE FILED BY DEFENDANT(S) SORIN GROUP DEUTSCHLAND(D1) and SORIN GROUP USA, INC.(D2) ATTORNEY ZACHARY C. MACIASZEK 0097751 NOTICE OF WITHDRAWAL OF ADRIENNE F. BUSBY AS COUNSEL FOR LIVANOVA DEFENDANTS
  31. INAL PRETRIAL SCHEDULED FOR 04/09/2025 AT 02:00 PM IS CANCELLED.
  32. RIAL BY JURY SCHEDULED FOR 05/05/2025 AT 10:00 AM IS CANCELLED.
  33. TATUS CONFERENCE HELD BY PHONE ON 11/13/2024. ALL PARTIES APPEAR THROUGH COUNSEL AND PROVIDE THE COURT WITH AN UPDATE ON THE CASE. PLAINTIFFS' MOTION TO COMPEL DISCOVERY RESPONSES, FILED 10/16/2024, IS GRANTED. CCF DEFENDANTS TO PRODUCE RESPONSES TO THE REQUESTED DISCOVERY BY NO LATER THAN 12/31/2024. PLAINTIFFS' AND LIVANOVA DEFENDANTS' JOINT MOTION TO EXTEND CASE MANAGEMENT DEADLINES, FILED 10/30/2024, IS GRANTED. THIS MATTER'S CASE MANAGEMENT SCHEDULE IS MODIFIED AS FOLLOWS: FACT DISCOVERY CUTOFF IS 02/28/2025. PLAINTIFF EXPERT REPORT DUE 03/28/2025. DEFENSE EXPERT REPORT DUE 05/30/2025. DISPOSITIVE MOTION DEADLINE IS 06/13/2025. RESPONSES DUE IN ACCORDANCE WITH CIV. R. 6. FINAL PRETRIAL SET FOR 09/09/2025 AT 01:30 PM. FINAL PRETRIAL TO BE HELD IN PERSON WITH COUNSEL AND CLIENTS/ADJUSTERS WITH SETTLEMENT AUTHORITY PERSONALLY PRESENT. TRIAL BY JURY SET FOR 10/06/2025 AT 10:00 AM. TRIAL BRIEFS; JOINT JURY INSTRUCTIONS; VERDICT FORMS AGREED UPON BY COUNSEL; WITNESS LISTS; EXHIBIT LISTS; AND MOTIONS IN LIMINE ARE TO BE FILED AND COPIES DELIVERED TO THE COURTROOM OR STAFF ATTORNEY BY 09/15/2025; AN E-MAILED COPY TO THE STAFF ATTORNEY IS PREFERRED, INCLUDING ALL JURY INSTRUCTIONS, INTERROGATORIES, AND VERDICT FORMS IN MICROSOFT WORD FORMAT. PRIOR TO THE START OF JURY SELECTION, THE PARTIES ARE TO DELIVER TO THE COURT OR THE STAFF ATTORNEY A BRIEF AGREED-TO STATEMENT OF THE CASE TO BE READ TO THE PROSPECTIVE JURORS AS CONTEMPLATED BY CIV.R. 47(A). NOTE TAKING BY JURORS IS PERMITTED. JURY QUESTIONNAIRES AND SUBMISSION OF QUESTIONS BY JURORS TYPICALLY IS NOT PERMITTED. NOTICE ISSUED
  34. EFENDANTS CLEVELAND CLINIC FOUNDATION, CLEVELAND CLINIC FOUNDATION DBA CLEVELAND CLINIC, AND CLEVELAND CLINIC MAIN CAMPUS'S MOTION TO STAY FURTHER DISCOVERY UNTIL AN ADEQUATE AFFIDAVIT OF MERIT IS PRODUCED, FILED 09/27/2024, IS DENIED. UPON REVIEW, THE COURT FINDS THAT THE AFFIDAVIT OF MERIT OF MATTHEW WARHOOVER, AS CONTAINED IN PLAINTIFF'S FIRST AMENDED COMPLAINT (FILED 02/06/2024), PLAINLY COMPORTS WITH THE REQUIREMENTS OF CIV. R. 10(D)(2)(A)(I)-(III). ACCORDINGLY, A STAY ON FURTHER DISCOVERY IS NOT WARRANTED AT THIS TIME, AS AN ADEQUATE AFFIDAVIT OF MERIT HAS ALREADY BEEN PRODUCED. NOTICE ISSUED
  35. OTION FOR EXTENSION OF TIME PLAINTIFFS' AND LIVANOVA DEFENDANTS' JOINT MOTION TO EXTEND CASE MANAGEMENT DEADLINES
  36. OTICE FILED BY PLAINTIFF(S) CHARLES YERKEY(P1) and MELODY YERKEY(P2) ATTORNEY MICHAEL P. LEWIS 0099621 PLAINTIFFS' NOTICE OF FILING UNDER SEAL
  37. RIEF IN OPPOSITION FILED BY DEFENDANT(S) CLEVELAND CLINIC FOUNDATION(D4), CLEVELAND CLINIC FOUNDATION(D5) and CLEVELAND CLINIC - MAIN CAMPUS(D6) EDWARD E TABER 0066707 DEFENDANTS CLEVELAND CLINIC FOUNDATION, CLEVELAND CLINIC FOUNDATION DBA CLEVELAND CLINIC, AND CLEVELAND CLINIC MAIN CAMPUS'S BRIEF IN OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL DISCOVERY RESPONSES
  38. **FILED UNDER SEAL*** PLAINTIFFS' UNREDACTED BRIEF IN OPPOSITION TO CLEVELAND CLINIC'S MOTION TO STAY DISCOVERY AND DEPOSITION TRANSCRIPT OF PATRICK GRADY FILED UNDER SEAL ***FILED UNDER SEAL***
  39. LAINTIFFS' MOTION TO FILE UNDER SEAL UNREDACTED BRIEF IN OPPOSITION AND DEPOSITION TRANSCRIPT OF PATRICK GRADY, FILED 10/11/2024, IS GRANTED. PLAINTIFFS TO FILE DOCUMENT(S) WITH THE CLERK OF COURTS IN ACCORDANCE WITH LOCAL RULE 39(J)(1). NOTICE ISSUED
  40. EPLY BRIEF FILED BY PLAINTIFF(S) CHARLES YERKEY(P1) and MELODY YERKEY(P2) MICHAEL P. LEWIS 0099621 PLAINTIFFS' REPLY BRIEF IN SUPPORT OF MOTION TO FILE UNDER SEAL
  41. RIEF FILED BY DEFENDANT(S) CLEVELAND CLINIC FOUNDATION(D4), CLEVELAND CLINIC FOUNDATION(D5) and CLEVELAND CLINIC - MAIN CAMPUS(D6) EMILY R GRACE 0101053 DEFENDANTS CLEVELAND CLINIC FOUNDATION, CLEVELAND CLINIC FOUNDATION DBA CLEVELAND CLINIC AND CLEVELAND CLINIC MAIN CAMPUS'S RESPONSE TO PLAINTIFFS' MOTION TO FILE UNREDACTED BRIEF IN OPPOSITION AND DEPOSITION TRANSCRIPT OF PATRICK GRADY UNDER SEAL
  42. EPLY BRIEF FILED BY DEFENDANT(S) CLEVELAND CLINIC FOUNDATION(D4), CLEVELAND CLINIC FOUNDATION(D5) and CLEVELAND CLINIC - MAIN CAMPUS(D6) EDWARD E TABER 0066707 DEFENDANTS CLEVELAND CLINIC FOUNDATION, CLEVELAND CLINIC FOUNDATION D/B/A CLEVELAND CLINIC, AND CLEVELAND CLINIC MAIN CAMPUS'S REPLY IN SUPPORT OF MOTION TO STAY FURTHER DISCOVERY UNTIL AN ADEQUATE AFFIDAVIT OF MERIT IS PRODUCED
  43. OTION FILED FOR PLAINTIFF(S) CHARLES YERKEY(P1) and MELODY YERKEY(P2) MICHAEL P. LEWIS 0099621 PLAINTIFFS' MOTION TO COMPEL DISCOVERY RESPONSES
  44. OTION FILED FOR PLAINTIFF(S) CHARLES YERKEY(P1) and MELODY YERKEY(P2) MICHAEL P. LEWIS 0099621 PLAINTIFFS' MOTION TO FILE UNDER SEAL UNREDACTED BRIEF IN OPPOSITION AND DEPOSITION TRANSCRIPT OF PATRICK GRADY 10/30/2024 - GRANTED
  45. RIEF IN OPPOSITION FILED BY PLAINTIFF(S) CHARLES YERKEY(P1) and MELODY YERKEY(P2) MICHAEL P. LEWIS 0099621 PLAINTIFFS' BRIEF IN OPPOSITION TO DEFENDANT CLEVELAND CLINIC'S MOTION TO STAY DISCOVERY UNTIL AN ADEQUATE AFFIDAVIT OF MERIT IS PRODUCED
  46. OTION FILED FOR DEFENDANT(S) CLEVELAND CLINIC FOUNDATION(D4), CLEVELAND CLINIC FOUNDATION(D5) and CLEVELAND CLINIC - MAIN CAMPUS(D6) EDWARD E TABER 0066707 DEFENDANTS CLEVELAND CLINIC FOUNDATION, CLEVELAND CLINIC FOUNDATION DBA CLEVELAND CLINIC, AND CLEVELAND CLINIC MAIN CAMPUS'S MOTION TO STAY FURTHER DISCOVERY UNTIL AN ADEQUATE AFFIDAVIT OF MERIT IS PRODUCED
  47. NSWER FILED BY DEFENDANT(S) CLEVELAND CLINIC FOUNDATION(D4), CLEVELAND CLINIC FOUNDATION(D5) and CLEVELAND CLINIC - MAIN CAMPUS(D6) ATTORNEY EDWARD E TABER 0066707 ANSWER OF DEFENDANTS CLEVELAND CLINIC FOUNDATION, CLEVELAND CLINIC FOUNCATION DBA CLEVELAND CLINIC, AND CLEVELAND CLINIC MAIN CAMPUS TO PLAINTIFFS' AMENDED COMPLAINT
  48. HIS MATTER IS BEFORE THE COURT ON THE RENEWED MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT BY DEFENDANTS THE CLEVELAND CLINIC FOUNDATION, CLEVELAND CLINIC, AND CLEVELAND CLINIC-MAIN CAMPUS, FILED 03/05/2024. PLAINTIFFS FILED A BRIEF IN OPPOSITION ON 04/02/2024. CCF DEFENDANTS FILED A REPLY BRIEF IN SUPPORT ON 04/11/2024. "A MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED TESTS THE SUFFICIENCY OF THE COMPLAINT." DOE V. CLEVELAND METRO. SCHOOL DIST., 2012-OHIO-2497, 972 N.E.2D 637, 20 (8TH DIST.) (QUOTING STATE EX REL. HANSON V. GUERNSEY CTY. BD. OF COMMRS., 65 OHIO ST.3D 545, 548, 1992 OHIO 73, 605 N.E.2D 378 (1992). "AS LONG AS THERE IS A SET OF FACTS, CONSISTENT WITH THE PLAINTIFF'S COMPLAINT, WHICH WOULD ALLOW THE PLAINTIFF TO RECOVER, THE COURT MAY NOT GRANT A DEFENDANT'S MOTION TO DISMISS." YORK V. OHIO STATE HWY. PATROL, 60 OHIO ST.3D 143, 145, 573 N.E.2D 1063 (1991). IN CONSIDERATION OF THE MOTION, THE COURT HAS PRESUMED ALL FACTUAL ALLEGATIONS IN THE 02/06/2024 AMENDED COMPLAINT AS TRUE AND HAS MADE ALL REASONABLE INFERENCES IN THE LIGHT MOST FAVORABLE TO THE NON-MOVING PARTY (HERE, THE PLAINTIFFS). HAVING REVIEWED THE PARTIES' BRIEFS AND ARGUMENTS, AND HAVING REVIEWED THE RELEVANT CASE LAW, THE FINDS THAT THE RENEWED MOTION IS NOT WELL-TAKEN, AS IS DENIED. CCF DEFENDANTS ASSERT THAT PLANTIFFS' CLAIMS AGAINST CCF ARE TIME-BARRED BY THE APPLICABLE ONE-YEAR STATUTE OF LIMITATIONS UNDER R.C. 2305.113(A). SEE GENERALLY, CCF RENEWED MOTION TO DISMISS. THE COURT DISAGREES. THE PARTIES ARE IN APPARENT AGREEMENT THAT THE CLAIM FOR NEGLIGENCE AGAINST CCF AS CONTAINED IN PLAINTIFFS' 02/06/2024 AMENDED COMPLAINT IS A "MEDICAL CLAIM" UNDER R.C. 2305.113(E)(3). A "MEDICAL CLAIM" IS DEFINED AS ANY CLAIM THAT IS ASSERTED IN ANY CIVIL ACTION AGAINST A... HOSPITAL... THAT ARISES OUT OF THE MEDICAL DIAGNOSIS, CARE, OR TREATMENT OF ANY PERSON. ID. AN ACTION UPON A MEDICAL CLAIM SHALL BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUED. R.C. 2305.11(B). THE OHIO SUPREME COURT HAS PREVIOUSLY DETERMINED THAT THE CAUSE OF ACTION ACCRUES AND THE ONE-YEAR STATUTE OF LIMITATIONS COMMENCES TO RUN: (A) WHEN THE PATIENT DISCOVERS OR, IN THE REASONABLE EXERCISE OF CARE AND DILIGENCE SHOULD HAVE DISCOVERED, THE RESULTING INJURY, OR (B) WHEN THE PHYSICIAN-PATIENT RELATIONSHIP FOR THAT CONDITION TERMINATES, WHICHEVER OCCURS LATER. THEREFORE, THE ACCRUAL DATE FOR A MEDICAL CLAIM IS DETERMINED BY A "TERMINATION" OR "DISCOVERY," WHICHEVER OCCURS LATER. DOBROVICH V. KAISER PERMANENTE, 8TH DIST. CUYAHOGA NO. 84819, 2005-OHIO-2444, 9 (INTERNAL CITATIONS OMITTED). AS IT RELATES TO THE "DISCOVERY" PRONG, IT APPEARS THAT THIS ELEMENT IS NOT IN DISPUTE NAMELY, ON 11/06/2019, PLAINTIFF CHARLES YERKEY WAS FIRST DIAGNOSED WITH M. CHIMAERA INFECTION. SEE PLAINTIFF'S AMENDED COMPLAINT, 78. THEREFORE, UNDER THE "DISCOVERY" PRONG OF THE STATUTE, PLAINTIFFS HAD UNTIL NO LATER THAN 11/06/2020 TO FILE SUIT AGAINST CCF FOR NEGLIGENCE. HOWEVER, UNDER THE "TERMINATION" PRONG OF THE STATUTE, THE AMENDED COMPLAINT AVERS THAT PLAINTIFF CHARLES YERKEY HAS NEVER TERMINATED HIS ONGOING TREATMENT RELATIONSHIP WITH CCF. SEE PLAINTIFFS' BRIEF IN OPPOSITION AT 3; SEE ALSO PLAINTIFFS' AMENDED COMPLAINT, 81- 85, 88-91, 123-29. ACCORDINGLY, PLAINTIFFS HAVE AVERED SUFFICIENT FACTS IN THEIR AMENDED COMPLAINT SO AS TO PRESENT A COGNIZABLE CLAIM UPON WHICH RELIEF CAN BE GRANTED AGAINST THE CCF DEFENDANTS. LASTLY, THE COURT NOTES THAT WHEN PREVIOUSLY GRANTING CCF DEFENDANTS' INITIAL MOTION TO DISMISS ON 03/01/2023, SUCH DISMISSAL WAS WITHOUT PREJUDICE AND WAS BASED UPON DEFICIENT PLEADING. THAT 03/01/2023 STATED THAT "PLAINTIFFS HAVE NOT SUFFICIENTLY PLEAD ANY OF THE EXCEPTIONS THAT WOULD PERMIT THE COURT TO MAINTAIN THE CLAIM." ID. PLAINTIFFS HAVE SUCCESSFULLY REMEDIED THEIR ORIGINAL 05/20/2022 DECIFIENT PLEADING BY, INTER ALIA, AVERING THE FOLLOWING IN THEIR 02/06/2024 AMENDED COMPLAINT: 81- 85, 88-91, 123-29. ACCORDINGLY, CCF DEFENDANTS' RENEWED MOTION TO DISMISS, FILED 03/05/2024, IS NOT WELL-TAKEN AND IS DENIED. COUNT VII (NEGLIGENCE) AS CONTAINED IN PLAINTIFFS' 02/06/2024 IS MAINTAINED. ALL PREVIOUSLY SET DATES AND ORDERS REMAIN IN EFFECT AT THIS TIME. NOTICE ISSUED
  49. TIPULATED PROTECTIVE ORDER. OSJ. NOTICE ISSUED
  50. OTION FILED FOR DEFENDANT(S) CLEVELAND CLINIC FOUNDATION(D4), CLEVELAND CLINIC FOUNDATION(D5) and CLEVELAND CLINIC - MAIN CAMPUS(D6) EDWARD E TABER 0066707 JOINT MOTION FOR ENTRY OF STIPULATED PROTECTIVE ORDER 06/25/2024 - UNKNOWN
  51. OTION FOR PERMISSION FOR M. JOSEPH WINEBRENNER TO APPEAR PRO HAC VICE, FILED 05/23/2024, IS UNOPPOSED AND GRANTED. THE CLERK OF COURTS IS ORDERED TO PLACE UPON THE DOCKET OF THIS CASE ADDITIONAL COUNSEL FOR DEFENDANTS LIVANOVA USA, INC. AND LIVANOVA DEUTSCHLAND GMBH, NAMELY: M. JOSEPH WINEBRENNER FAEGRE DRINKER BIDDLE & REALTH LLP 2200 WELLS FARGO CENTER 90 SOUTH 7TH STREET, MINNEAPOLIS, MN 55402 PHONE: (612) 766-7000 FAX: (612) 766-1600 EMAIL: [email protected] THE COURT NOTES THAT THIS IS ADDITIONAL COUNSEL, NOT REPLACEMENT COUNSEL. NOTICE ISSUED
  52. OTION FILED FOR DEFENDANT(S) SORIN GROUP DEUTSCHLAND(D1) and SORIN GROUP USA, INC.(D2) ZACHARY C. MACIASZEK 0097751 MOTION FOR PERMISSION FOR M. JOSEPH WINEBRENNER TO APPEAR PRO HAC VICE 06/11/2024 - UNOPPOSED AND GRANTED
  53. OTION FOR PERMISSION TO APPEAR PRO HAC VICE, FILED 04/01/2024, IS UNOPPOSED AND GRANTED. THE CLERK OF COURTS IS ORDERED TO PLACE UPON THE DOCKET OF THIS CASE ADDITIONAL COUNSEL FOR PLAINTIFF CHARLES YERKEY AND MELODY YERKEY, NAMELY: MICHAEL MONGELUZZI BARRETT DEANGELO, LLC 380 BEAGLE RD., WEST CHESTER, PA 19382 EMAIL: [email protected] TELEPHONE: (215) 882-3443 NOTICE ISSUED
  54. MC BY PHONE HELD 04/30/2024. ALL PARTIES APPEAR THROUGH COUNSEL AND PROVIDE THE COURT WITH AN UPDATE ON THE CASE. CASE TO PROCEED AS FOLLOWS: FACT DISCOVERY CUTOFF IS 10/30/2024. PLAINTIFF EXPERT REPORT DUE 11/30/2024. DEFENSE EXPERT REPORT DUE 01/30/2025. DISPOSITIVE MOTION DEADLINE IS 02/13/2025. RESPONSES DUE IN ACCORDANCE WITH CIV. R. 6. TELEPHONE CONFERENCE SET FOR 11/13/2024 AT 10:00 AM. ALL PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE STAFF ATTORNEY AT 216.443.8591 AT THE TIME OF THE PRE-TRIAL OR PROVIDE A CONFERENCE NUMBER TO THE STAFF ATTORNEY IN ADVANCE. FINAL PRETRIAL SET FOR 04/09/2025 AT 02:00 PM. COURTROOM 18-B. COUNSEL AND CLIENTS WITH SETTLEMENT AUTHORITY ARE REQUIRED TO PERSONALLY ATTEND. TRIAL BY JURY SET FOR 05/05/2025 AT 10:00 AM. COURTROOM 18-B. TRIAL BRIEFS; JOINT JURY INSTRUCTIONS; VERDICT FORMS AGREED UPON BY COUNSEL; WITNESS LISTS; EXHIBIT LISTS; AND MOTIONS IN LIMINE ARE TO BE FILED AND COPIES DELIVERED TO THE COURTROOM OR STAFF ATTORNEY BY 04/14/2025; AN E-MAILED COPY TO THE STAFF ATTORNEY IS PREFERRED, INCLUDING ALL JURY INSTRUCTIONS, INTERROGATORIES, AND VERDICT FORMS IN MICROSOFT WORD FORMAT. PRIOR TO THE START OF JURY SELECTION, THE PARTIES ARE TO DELIVER TO THE COURT OR THE STAFF ATTORNEY A BRIEF AGREED-TO STATEMENT OF THE CASE TO BE READ TO THE PROSPECTIVE JURORS AS CONTEMPLATED BY CIV.R. 47(A). NOTE TAKING BY JURORS IS PERMITTED. JURY QUESTIONNAIRES AND SUBMISSION OF QUESTIONS BY JURORS TYPICALLY IS NOT PERMITTED. NOTICE ISSUED
  55. EPLY BRIEF FILED BY DEFENDANT(S) CLEVELAND CLINIC FOUNDATION(D4), CLEVELAND CLINIC FOUNDATION(D5) and CLEVELAND CLINIC - MAIN CAMPUS(D6) EDWARD E TABER 0066707 REPLY BRIEF IN SUPPORT OF RENEWED MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT BY DEFENDANTS THE CLEVELAND CLINIC FOUNDATION, CLEVELAND CLINIC, AND CLEVELAND CLINIC-MAIN CAMPUS
  56. RIEF IN OPPOSITION FILED BY PLAINTIFF(S) CHARLES YERKEY(P1) and MELODY YERKEY(P2) MICHAEL P. LEWIS 0099621 PLAINTIFFS' OPPOSITION TO THE RENEWED MOTION TO DISMISS OF THE CLEVELAND CLINIC DEFENDANTS
  57. OTION FILED FOR PLAINTIFF(S) CHARLES YERKEY(P1) and MELODY YERKEY(P2) WILLIAM HAWAL 0006730 MOTION FOR PERMISSION TO APPEAR PRO HAC VICE 05/01/2024 - UNOPPOSED AND GRANTED
  58. MC BY PHONE HELD 03/12/2024. ALL PARTIES APPEAR THROUGH COUNSEL AND PROVIDE THE COURT WITH AN UPDATE ON THE CASE. CCF DEFENDANTS' MOTION TO DISMISS, FILED 03/05/2024, IS NOT RIPE FOR JUDGMENT. PARTIES AGREE TO THE FOLLOWING BRIEFING SCHEDULE: - BRIEF IN OPPOSITION DUE 04/02/2024. - REPLY BRIEF IN SUPPORT DUE 04/12/2024. CMC BY PHONE RESET AS FOLLOWS: CMC BY PHONE SET FOR 04/30/2024 AT 02:00 PM. ALL PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE STAFF ATTORNEY AT 216.443.8591 AT THE TIME OF THE PRE-TRIAL OR PROVIDE A CONFERENCE NUMBER TO THE STAFF ATTORNEY IN ADVANCE. MOTION FOR PERMISSION TO APPEAR PRO HAC VICE, FILED 02/09/2024, IS GRANTED. THE CLERK OF COURTS IS ORDERED TO PLACE UPON THE DOCKET OF THIS CASE ADDITIONAL COUNSEL FOR PLAINTIFF CHARLES YERKEY AND MELODY YERKEY, NAMELY: TIMOTHY ZANGHI BARRETT DEANGELO, LLC 380 BEAGLE RD., WEST CHESTER, PA 19382 EMAIL: [email protected] TELEPHONE: (215) 882-3443 THE COURT NOTES THAT THIS IS ADDITIONAL COUNSEL, NOT SUBSTITUTE COUNSEL. NOTICE ISSUED
  59. OTICE OF APPEARANCE, FILED PLAINTIFF(S) CHARLES YERKEY(P1) and MELODY YERKEY(P2) MICHAEL P. LEWIS 0099621. NOTICE OF APPEARANCE OF CO-COUNSEL
  60. NSWER FILED BY DEFENDANT(S) SORIN GROUP DEUTSCHLAND(D1) and SORIN GROUP USA, INC.(D2) ATTORNEY ZACHARY C. MACIASZEK 0097751 ANSWER OF LIVANOVA USA, INC. AND LIVANOVA DEUTSCHLAND GMBH TO PLAINTIFFS' AMENDED COMPLAINT (JURY DEMAND ENDORSED HEREON)
  61. TIPULATION FOR LEAVE TO PLEAD FILED STIPULATED EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT
  62. OTION TO DISMISS FILED RENEWED MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT BY DEFENDANTS THE CLEVELAND CLINIC FOUNDATION, CLEVELAND CLINIC, AND CLEVELAND CLINIC-MAIN CAMPUS 07/19/2024 - DENIED
  63. URSUANT TO THE STIPULATED EXTENSION OF TIME TO RESPOND, FILED 02/20/2024, CCF DEFENDANTS ARE GRANTED LEAVE UNTIL NO LATER THAN 03/05/2024 TO ANSWER, MOVE, OR OTHERWISE RESPOND TO PLAINTIFF'S AMENDED COMPLAINT. ACCORDINGLY, AS THE CCF DEFENDANTS ARE STILL IN THEIR ANSWER PERIOD, THE CMC BY PHONE PREVIOUSLY SET FOR 02/27/2024 IS CONTINUED AS FOLLOWS: CMC BY PHONE SET FOR 03/12/2024 AT 02:00 PM. ALL PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE STAFF ATTORNEY AT 216.443.8591 AT THE TIME OF THE PRE-TRIAL OR PROVIDE A CONFERENCE NUMBER TO THE STAFF ATTORNEY IN ADVANCE. IF THE CALL IS UNANSWERED, THE PARTIES SHOULD CONTINUE TO CALL UNTIL THE COURT IS ABLE TO ANSWER. IF THE PARTIES DO NOT CALL AS DIRECTED, THE COURT WILL CONSIDER IT A NON-APPEARANCE AND THE CASE MAY BE DISMISSED OR SET FOR EX PARTE TRIAL. NOTICE ISSUED
  64. MC BY PHONE SCHEDULED FOR 02/27/2024 AT 03:20 PM IS CANCELLED.
  65. TIPULATION FOR LEAVE TO PLEAD FILED STIPULATED EXTENSION OF TIME TO RESPOND
  66. ORRESPONDENCE RECEIVED STATING CASE REMANDED BACK TO THE CUYAHOGA COUNTY COURT OF COMMON PLEAS FROM U.S. DISTRICT COURT. FEDERAL COURT CASE NO. 1:23-CV-547 - CUYAHOGA COUNTY COMMON PLEAS COURT CASE NO. CV-22-963729.
  67. URSUANT TO THE NOTICE OF REMAND FILED ON 02/06/2024, THIS CASE IS RE-INSTATED TO THE COURT'S ACTIVE DOCKET. CMC BY PHONE SET FOR 02/27/2024 AT 03:20 PM. ALL PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE STAFF ATTORNEY AT 216.443.8591 AT THE TIME OF THE PRE-TRIAL OR PROVIDE A CONFERENCE NUMBER TO THE STAFF ATTORNEY IN ADVANCE. IF THE CALL IS UNANSWERED, THE PARTIES SHOULD CONTINUE TO CALL UNTIL THE COURT IS ABLE TO ANSWER. IF THE PARTIES DO NOT CALL AS DIRECTED, THE COURT WILL CONSIDER IT A NON-APPEARANCE AND THE CASE MAY BE DISMISSED OR SET FOR EX PARTE TRIAL. NOTICE ISSUED
  68. OTION FILED FOR PLAINTIFF(S) CHARLES YERKEY(P1) and MELODY YERKEY(P2) WILLIAM HAWAL 0006730 MOTION FOR PERMISSION TO APPEAR PRO HAC VICE 03/12/2024 - GRANTED
  69. EPOSIT AMOUNT PAID JOSEPH G. DEANGELO
  70. MENDED COMPLAINT $75 FIRST AMENDED COMPLAINT
  71. OTICE FILED BY PLAINTIFF(S) CHARLES YERKEY(P1) and MELODY YERKEY(P2) ATTORNEY JOSEPH G. DEANGELO 9006824 NOTICE OF REMAND
  72. SPS RECEIPT NO. 50367882 DELIVERED BY USPS 04/18/2023 UNITED STATES DISTRICT COURT PROCESSED BY COC 04/26/2023.
  73. SUMS COMPLAINT(47616120) SENT BY CERTIFIED MAIL. TO: SORIN CRM USA, INC. 14401 WEST 65TH WAY ARVADA, CO 80004
  74. SUMS COMPLAINT(47616119) SENT BY CERTIFIED MAIL. TO: SORIN GROUP USA, INC. 14401 WEST 65TH WAY ARVADA, CO 80004
  75. SUMS COMPLAINT(47616118) SENT BY REGISTERED MAIL SERVICE, TO: SORIN GROUP DEUTSCHLAND GMBH LINDERGHSTRASSE 25 D-80939 MUNCHEN GERMANY, 00000
  76. PURSUANT TO NOTICE OF REMOVAL (TITLE 28 U.S. CODE 1441, ET SEQ.) (FILED 05/20/2022), THE CAPTIONED CASE IS TRANSFERRED TO UNITED STATES DISTRICT COURT (CASE NO. 1:22-CV-847) AND THIS COURT SHALL PROCEED NO FURTHER UNLESS AND UNTIL THE CASE IS REMANDED. COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
  77. SUMMONS E-FILE COPY COST
  78. SUMMONS E-FILE COPY COST
  79. SUMMONS E-FILE COPY COST
  80. SUMMONS E-FILE COPY COST
  81. SUMMONS E-FILE COPY COST
  82. SUMMONS E-FILE COPY COST
  83. WRIT FEE
  84. WRIT FEE
  85. WRIT FEE
  86. WRIT FEE
  87. WRIT FEE
  88. WRIT FEE
  89. NOTICE OF REMOVAL FILED DEFENDANTS' NOTICE OF REMOVAL TO UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
  90. JUDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
  91. LEGAL RESEARCH
  92. LEGAL NEWS
  93. LEGAL AID
  94. COURT SPECIAL PROJECTS FUND
  95. COMPUTER FEE
  96. CLERK'S FEE
  97. DEPOSIT AMOUNT PAID WILLIAM HAWAL
  98. PON NOTICE BY THE PARTIES, EFFECTIVE 10/18/2022, ALL CLAIMS AGAINST DEFENDANT DEFENDANT SORIN CRM USA, INC., ONLY ARE DISMISSED WITHOUT PREJUDICE PURSUANT TO CIV. R. 41(A). PARTIAL. NOTICE ISSUED
  99. TIPULATION FILED BY DEFENDANT(S) SORIN GROUP DEUTSCHLAND(D1), SORIN GROUP USA, INC.(D2) and SORIN CRM USA, INC.(D3) ATTORNEY ZACHARY C. MACIASZEK 0097751 AMENDED STIPULATED NOTICE OF DISMISSAL OF ALL CLAIMS AGAINST SORIN CRM USA, INC. WITHOUT PREJUDICE
  100. TIPULATION FILED BY DEFENDANT(S) SORIN GROUP DEUTSCHLAND(D1), SORIN GROUP USA, INC.(D2) and SORIN CRM USA, INC.(D3) ATTORNEY ZACHARY C. MACIASZEK 0097751 STIPULATED NOTICE OF DISMISSAL OF ALL CLAIMS AGAINST SORIN CRM USA, INC. WITH PREJUDICE
  101. TIPULATION FILED BY DEFENDANT(S) SORIN GROUP DEUTSCHLAND(D1), SORIN GROUP USA, INC.(D2) and SORIN CRM USA, INC.(D3) ATTORNEY ZACHARY C. MACIASZEK 0097751 STIPULATED WAIVER OF SERVICE OF SORIN GROUP DEUTSCHLAND GMBH AND LEAVE TO PLEAD
  102. OTICE OF APPEARANCE, FILED DEFENDANT(S) CLEVELAND CLINIC FOUNDATION(D4), CLEVELAND CLINIC FOUNDATION(D5) and CLEVELAND CLINIC - MAIN CAMPUS(D6) EMILY R GRACE 0101053. NOTICE OF APPEARANCE OF EMILY R. DAY GRACE
  103. OTICE OF APPEARANCE, FILED DEFENDANT(S) CLEVELAND CLINIC FOUNDATION(D4), CLEVELAND CLINIC FOUNDATION(D5) and CLEVELAND CLINIC - MAIN CAMPUS(D6) EDWARD E TABER 0066707. NOTICE OF APPEARANCE OF EDWARD A. TABER
  104. OTICE OF APPEARANCE, FILED DEFENDANT(S) CLEVELAND CLINIC FOUNDATION(D4), CLEVELAND CLINIC FOUNDATION(D5) and CLEVELAND CLINIC - MAIN CAMPUS(D6) JULIE A CALLSEN 0062287. NOTICE OF APPEARANCE OF JULIE A. CALLSEN
  105. EGISTERED MAIL SERVICE NUMBER 47616118 ADDRESSED TO SORIN GROUP DEUTSCHLAND(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 90 DAYS. POSTAGE AMOUNT: $1 YEAR. NOTICE MAILED TO 0.00. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  106. PLAINTIFF(S) CHARLES YERKEY(P1) AND MELODY YERKEY(P2) MOTION FOR PERMISSION TO APPEAR PRO HAC VICE, FILED 08/16/2022 BY WILLIAM HAWAL 0006730, IS GRANTED. THE CLERK OF COURTS IS ORDERED TO ADD ADDITIONAL COUNSEL FOR PLAINITFFS, NAMELY: JOSEPH G. DEANGELO (PHV - 24989) BARRETT DEANGELO, LLC 380 BEAGLE ROAD WEST CHESTER, PA 19382 T: (215) 882-3443 F: (215) 525-0254 [email protected] NOTICE ISSUED
  107. OTION FILED FOR PLAINTIFF(S) CHARLES YERKEY(P1) and MELODY YERKEY(P2) WILLIAM HAWAL 0006730 MOTION FOR PERMISSION TO APPEAR PRO HAC VICE 08/18/2022 - GRANTED
  108. OTICE OF APPEARANCE, FILED DEFENDANT(S) SORIN GROUP DEUTSCHLAND(D1), SORIN GROUP USA, INC.(D2) and SORIN CRM USA, INC.(D3) ZACHARY C. MACIASZEK 0097751. NOTICE OF APPEARANCE FOR DEFENDANTS SORIN GROUP DEUTSCHLAND, GMBH, SORIN GROUP USA, INC., AND SORIN CRM USA, INC.
  109. OTICE OF APPEARANCE, FILED DEFENDANT(S) SORIN GROUP DEUTSCHLAND(D1), SORIN GROUP USA, INC.(D2) and SORIN CRM USA, INC.(D3) DUSTIN B. RAWLIN 0072870. NOTICE OF APPEARANCE FOR DEFENDANTS SORIN GROUP DEUTSCHLAND, GMBH, SORIN GROUP USA, INC., AND SORIN CRM USA, INC.
  110. EFUND BALANCE OF CASE COST DEPOSIT TO SPANGENBERG, SHIBLEY & LIBER, L.L.P.
  111. SPS RECEIPT NO. 47616120 DELIVERED BY USPS 05/31/2022 SORIN CRM USA, INC. PROCESSED BY COC 06/08/2022.
  112. SPS RECEIPT NO. 47616119 DELIVERED BY USPS 05/31/2022 SORIN GROUP USA, INC. PROCESSED BY COC 06/08/2022.
  113. SPS RECEIPT NO. 47616123 DELIVERED BY USPS 05/26/2022 CLEVELAND CLINIC - MAIN CAMPUS PROCESSED BY COC 06/01/2022.
  114. SPS RECEIPT NO. 47616122 DELIVERED BY USPS 05/26/2022 CLEVELAND CLINIC FOUNDATION PROCESSED BY COC 06/01/2022.
  115. SPS RECEIPT NO. 47616121 DELIVERED BY USPS 05/26/2022 CLEVELAND CLINIC FOUNDATION PROCESSED BY COC 06/01/2022.
  116. UMS COMPLAINT(47616123) SENT BY CERTIFIED MAIL. TO: CLEVELAND CLINIC - MAIN CAMPUS 9500 EUCLID AVENUE CLEVELAND, OH 44195
  117. UMS COMPLAINT(47616122) SENT BY CERTIFIED MAIL. TO: CLEVELAND CLINIC FOUNDATION 9500 EUCLID AVENUE CLEVELAND, OH 44195
  118. UMS COMPLAINT(47616121) SENT BY CERTIFIED MAIL. TO: CLEVELAND CLINIC FOUNDATION C/O CT CORPORATION SYSTEM STAT AGT 4400 EASTON WAY, SUITE 125 COLUMBUS, OH 43219
  119. UMS COMPLAINT(47616120) SENT BY CERTIFIED MAIL. TO: SORIN CRM USA, INC. 14401 WEST 65TH WAY ARVADA, CO 80004
  120. UMS COMPLAINT(47616119) SENT BY CERTIFIED MAIL. TO: SORIN GROUP USA, INC. 14401 WEST 65TH WAY ARVADA, CO 80004
  121. UMS COMPLAINT(47616118) SENT BY REGISTERED MAIL SERVICE, TO: SORIN GROUP DEUTSCHLAND GMBH LINDERGHSTRASSE 25 D-80939 MUNCHEN GERMANY, 00000
  122. URSUANT TO NOTICE OF REMOVAL (TITLE 28 U.S. CODE 1441, ET SEQ.) (FILED 05/20/2022), THE CAPTIONED CASE IS TRANSFERRED TO UNITED STATES DISTRICT COURT (CASE NO. 1:22-CV-847) AND THIS COURT SHALL PROCEED NO FURTHER UNLESS AND UNTIL THE CASE IS REMANDED. COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
  123. UMMONS E-FILE COPY COST
  124. UMMONS E-FILE COPY COST
  125. UMMONS E-FILE COPY COST
  126. UMMONS E-FILE COPY COST
  127. UMMONS E-FILE COPY COST
  128. UMMONS E-FILE COPY COST
  129. RIT FEE
  130. RIT FEE
  131. RIT FEE
  132. RIT FEE
  133. RIT FEE
  134. RIT FEE
  135. OTICE OF REMOVAL FILED DEFENDANTS' NOTICE OF REMOVAL TO UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
  136. UDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
  137. EGAL RESEARCH
  138. EGAL NEWS
  139. EGAL AID
  140. OURT SPECIAL PROJECTS FUND
  141. OMPUTER FEE
  142. LERK'S FEE
  143. EPOSIT AMOUNT PAID WILLIAM HAWAL

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