This case was last updated from PACER on 05/23/2021 at 08:54:57 (UTC).

Crist v. Medtronic, Inc. et al

Case Summary

On 03/24/2021 Crist filed a Personal Injury - Other Product Liability lawsuit against Medtronic, Inc. This case was filed in U.S. District Courts, Hawaii District. The Judges overseeing this case are ROM TRADER and JILL A. OTAKE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00162

  • Filing Date:

    03/24/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

Judge Details

Referral Judge

ROM TRADER

Presiding Judge

JILL A. OTAKE

 

Party Details

Plaintiffs

Michael D. Crist

Maryann E. Crist

Defendants

Covidien LP

Susan Heidsieck

Michelle Miyasoto

Doe Defendants 1-100

Medtronic, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Laura E. Ozak

Defendant Attorneys

Sheree A. Kon-Herrera

Attorney at Fukunaga Matayoshi Ching & Kon-Herrera, LLP

841 Bishop St Ste 1200, 533-4300

Honolulu, HI 96813

Nicholas Petersen Ching

Attorney at Fukunaga Matayoshi Ching & Kon-Herrera, LLP

841 Bishop St Ste 1200

Honolulu, HI 96813

Kenneth K. Fukunaga

Attorney at Fukunaga Matayoshi Ching & Kon-Herrera, LLP

841 Bishop St Ste 1200, 533-4300

Honolulu, HI 96813

John Lawrence Ackley

Attorney at Shook, Hardy & Bacon, L.L.P.

600 Travis, Suite 3400

Houston, TX 77002

Bryan T. Pratt

Attorney at Shook, Hardy & Bacon L.L.P.

2555 Grand Boulevard

Kansas City, MO 64108

Andrea J. Steele

Attorney at Shook, Hardy & Bacon, L.L.P.

2555 Grand Boulevard

Kansas City, MO 64108

 

Court Documents

26 #1

Certificate of Service

#26

(#26) REPLY Memorandum to Defendants' Opposition [ECF No. #25 ] to #19 Plaintiffs' MOTION for an Order of Remand to the Circuit Court of the First Circuit, State Court filed by Maryann E. Crist, Michael D. Crist. (Attachments: #1 Certificate of Service)(Ozak, Laura) Modified on 5/20/2021 (emt, ). (Entered: 05/19/2021)

25 #3

Certificate of Service

25 #2

Exhibit 2

25 #1

Exhibit 1

#25

(#25) MEMORANDUM in Opposition re #19 MOTION to Remand to State Court [MEDTRONIC, INC. AND COVIDIEN LP'S MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION FOR AN ORDER OF REMAND TO THE CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAII [DOC 19]; EXHIBITS 1-2; CERTIFICATE OF SERVICE] filed by Covidien LP, Medtronic, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service)(Fukunaga, Kenneth) (Entered: 05/13/2021)

23 #2

Certificate of Service COS re Errata & Ex A (Attorney Dec)

19 #1

Certificate of Service COS re Motion for Remand

#19

(#19) MOTION to Remand to State Court Laura E. Ozak appearing for Plaintiffs Maryann E. Crist, Michael D. Crist (Attachments: #1 Certificate of Service COS re Motion for Remand)(Ozak, Laura) (Entered: 04/20/2021)

5 #1

Memo Re: Corporate Disclosures

#5

(#5) Order Setting Telephonic Rule 16 Scheduling Conference is set for 9:00AM on 4/26/2021 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/24/2021. (Attachments: #1 Memo Re: Corporate Disclosures) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT.(jni) (Entered: 03/24/2021)

#3

(#3) Corporate Disclosure Statement by Covidien LP, Medtronic, Inc.. (Fukunaga, Kenneth) (Entered: 03/24/2021)

#2

(#2) CIVIL Cover Sheet by Covidien LP, Medtronic, Inc.. (Fukunaga, Kenneth) (Entered: 03/24/2021)

1 #4

Certificate of Service

1 #3

Exhibit 3

1 #2

Exhibit 2

1 #1

Exhibit 1

#1

(#1) NOTICE OF REMOVAL by Covidien LP, Medtronic, Inc. [NOTICE OF REMOVAL; EXHIBITS 1, 2, AND 3; CERTIFICATE OF SERVICE] from First Circuit Court, case number 1CCV-21-0000013. ( Filing fee $ 402 receipt number 0975-2502027), filed by Covidien LP, Medtronic, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Certificate of Service)(Fukunaga, Kenneth) (Entered: 03/24/2021)

31 More Documents Available

 

Docket Entries

  • 05/19/2021
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  • Docket(#26) REPLY Memorandum to Defendants' Opposition [ECF No. #25 ] to #19 Plaintiffs' MOTION for an Order of Remand to the Circuit Court of the First Circuit, State Court filed by Maryann E. Crist, Michael D. Crist. (Attachments: #1 Certificate of Service)(Ozak, Laura) Modified on 5/20/2021 (emt, ). (Entered: 05/19/2021)

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  • 05/13/2021
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  • Docket(#25) MEMORANDUM in Opposition re #19 MOTION to Remand to State Court [MEDTRONIC, INC. AND COVIDIEN LP'S MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION FOR AN ORDER OF REMAND TO THE CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAII [DOC 19]; EXHIBITS 1-2; CERTIFICATE OF SERVICE] filed by Covidien LP, Medtronic, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service)(Fukunaga, Kenneth) (Entered: 05/13/2021)

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  • 04/27/2021
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  • Docket(#24) EO: The hearing on #19 Plaintiffs' Motion for an Order of Remand to the Circuit Court of the First Circuit, State of Hawai`i is SET for 6/10/21 at 9:00 AM before DISTRICT JUDGE JILL A. OTAKE. Opposition due by 5/13/21, Reply due by 5/20/21. The hearing will be conducted by video teleconference (VTC). The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled VTC. Participants must connect to the VTC at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court.All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference (audio only) with the information provided below:1. Dial 1-650-479-3207.2. Enter your Access Code (1607265019) The Court reminds all participants that they are strictly prohibited from recording or broadcasting any hearing, in whole or in part, in any fashion. (shm) (Entered: 04/27/2021)

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  • 04/23/2021
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  • Docket(#23) Errata re #19 Plaintiff's MOTION to Remand to State Court , 20 Errata Attorney Statement of LR 7.8 compliance. (Attachments: #1 Exhibit Statement Declaration of Attorney Ozak, #2 Certificate of Service COS re Errata & Ex A (Attorney Dec))(Ozak, Laura) Modified on 4/26/2021 (emt, ). (Entered: 04/23/2021)

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  • 04/21/2021
  • Docket(#22) EO: The Telephonic Rule 16 Scheduling Conference set for 4/26/2021 is CONTINUED to 7/8/2021 at 09:00AM before MAGISTRATE JUDGE ROM TRADER. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa) (Entered: 04/21/2021)

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  • 04/20/2021
  • DocketADVISORY ENTRY. Please be advised that ECF No. 21 Minute Order is duplicative of the previous entry, ECF No. 20 . The parties may disregard ECF No. 21 . (emt, ) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#21) EO: Plaintiffs filed a #19 Motion for an Order of Remand to the Circuit Court of the First Circuit, State of Hawaii without complying with Local Rule 7.8 or the General Civil Case Procedures Before Judge Otake. Local Rule 7.8 requires counsel for the movant to "discuss thoroughly... the substance of the contemplated motion and any potential partial or complete resolution" at least seven days before the motion is filed. If the parties are unable to reach resolution eliminating the necessity of the motion, the Court's General Civil Case Procedures further requires counsel for the movant to "include with the motion a statement indicating the date, duration, and communication method of the conference and the participants in the conference." The statement must additionally "detail the issues discussed and resolved during the conference and the issues remaining." Plaintiffs must file a statement complying with all necessary requirements by 4/23/21. Failure to do so may result in the striking or denial of the Motion. (JUDGE JILL A. OTAKE)(otake1) Modified on 4/20/2021 duplicate entry, refer to ECF No. 20 (emt, ). (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#20) EO: Plaintiffs filed a #19 Motion for an Order of Remand to the Circuit Court of the First Circuit, State of Hawai'i without complying with Local Rule 7.8 or the General Civil Case Procedures Before Judge Otake. Local Rule 7.8 requires counsel for the movant to "discuss thoroughly... the substance of the contemplated motion and any potential partial or complete resolution" at least seven days before the motion is filed. If the parties are unable to reach resolution eliminating the necessity of the motion, the Court's General Civil Case Procedures further requires counsel for the movant to "include with the motion a statement indicating the date, duration, and communication method of the conference and the participants in the conference." The statement must additionally "detail the issues discussed and resolved during the conference and the issues remaining." Plaintiffs must file a statement complying with all necessary requirements by 4/23/21. Failure to do so may result in the striking or denial of the Motion. (JUDGE JILL A. OTAKE)(shm) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#19) MOTION to Remand to State Court Laura E. Ozak appearing for Plaintiffs Maryann E. Crist, Michael D. Crist (Attachments: #1 Certificate of Service COS re Motion for Remand)(Ozak, Laura) (Entered: 04/20/2021)

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  • 04/19/2021
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  • Docket(#18) Scheduling Conference Statement [DEFENDANTS MEDTRONIC, INC., AND COVIDIEN LP'S SCHEDULING CONFERENCE STATEMENT PURSUANT TO LOCAL RULE 16.2(B); CERTIFICATE OF SERVICE]. (Attachments: #1 Certificate of Service)(Fukunaga, Kenneth) (Entered: 04/19/2021)

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7 More Docket Entries
  • 04/01/2021
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  • Docket(#10) ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ANDREA J. STEELE re #8 - Signed by MAGISTRATE JUDGE ROM TRADER on 4/1/2021. (emt, ) (Entered: 04/01/2021)

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  • 03/31/2021
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  • Docket(#9) MOTION for Pro Hac Vice [Re: John Lawrence Ackley] Filing fee $ 300, receipt number 0975-2504842.Kenneth K. Fukunaga appearing for Defendants Covidien LP, Medtronic, Inc. (Fukunaga, Kenneth) (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#8) MOTION for Pro Hac Vice [Re: ANDREA J. STEELE] Filing fee $ 300, receipt number 0975-2504832.Kenneth K. Fukunaga appearing for Defendants Covidien LP, Medtronic, Inc. (Fukunaga, Kenneth) (Entered: 03/31/2021)

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  • 03/25/2021
  • Docket(#7) EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake on the court's website. (JUDGE JILL A. OTAKE)(otake1) (Entered: 03/25/2021)

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  • 03/24/2021
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  • Docket(#6) MEDTRONIC, INC. AND COVIDIEN LP'S ANSWER to Complaint ; CERTIFICATE OF SERVICE by Covidien LP, Medtronic, Inc.. (Attachments: #1 Certificate of Service)(Fukunaga, Kenneth) Modified on 3/31/2021 Defendant Covidien demands a trial by jury, see page 15. (emt, ). (Entered: 03/24/2021)

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  • 03/24/2021
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  • Docket(#5) Order Setting Telephonic Rule 16 Scheduling Conference is set for 9:00AM on 4/26/2021 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/24/2021. (Attachments: #1 Memo Re: Corporate Disclosures) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT.(jni) (Entered: 03/24/2021)

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  • 03/24/2021
  • Docket(#4) NOTICE of Case Assignment: Please reflect Civil case number CV 21-00162 JAO-RT on all further pleadings.(jni) (Entered: 03/24/2021)

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  • 03/24/2021
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  • Docket(#3) Corporate Disclosure Statement by Covidien LP, Medtronic, Inc.. (Fukunaga, Kenneth) (Entered: 03/24/2021)

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  • 03/24/2021
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  • Docket(#2) CIVIL Cover Sheet by Covidien LP, Medtronic, Inc.. (Fukunaga, Kenneth) (Entered: 03/24/2021)

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  • 03/24/2021
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  • Docket(#1) NOTICE OF REMOVAL by Covidien LP, Medtronic, Inc. [NOTICE OF REMOVAL; EXHIBITS 1, 2, AND 3; CERTIFICATE OF SERVICE] from First Circuit Court, case number 1CCV-21-0000013. ( Filing fee $ 402 receipt number 0975-2502027), filed by Covidien LP, Medtronic, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Certificate of Service)(Fukunaga, Kenneth) (Entered: 03/24/2021)

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