Burch v. KLS Martin, LP

Texas Northern District Court
Judge:	Barbara M G Lynn
Referred:	Lee Ann Reno
Case #:	7:21-cv-00002
Nature of Suit	365 Torts - Personal Injury - Product Liability
Cause	28:1332 Diversity-Personal Injury

Case Filed:	Jan 20, 2021
Terminated:	Jan 19, 2023

Last checked: Monday Jul 19, 2021 3:23 AM CDT

Defendant KLS Martin, LP	Represented By Robert Price Anderson Clark Hill PLC contact info Katherine T Garber Clark Hill Strasburger contact info Annie Jo Jacobs Clark Hill PLLC contact info
Plaintiff Christopher Burch	Represented By Richard M Martin, Jr Lamothe Law Firm LLC contact info

GPO Nov 18 2021
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Before the Court are Defendant KLS Martin, LP's Motion to Dismiss Plaintiff's First Amended Complaint; Plaintiff Christopher Burch's Response; and Defendant KLS Martin's Reply to that Response. ECF Nos. 18, 19, and 21, respectively. After considering the pleadings and applicable legal authorities, the undersigned RECOMMENDS that Chief United States District Judge Barbara M. G. Lynn GRANT in part and DENY in part Defendant KLS Martin's Motion to Dismiss Plaintiffs First Amended Complaint. ECF No. 18. Any party who objects to any part of these findings, conclusions, and recommendation must file specific written objections within 14 days. (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/18/2021) (mmw)

GPO Dec 10 2021
ORDER ACCEPTING 22 FINDINGS AND RECOMMENDATIONOF THE UNITED STATES MAGISTRATE JUDGE: The Court ACCEPTS theFindings, Conclusions, and Recommendation of the United States Magistrate Judge. It is therefore ORDERED that the Motion to Dismiss (ECF No. 18) is GRANTED in part, and counts two, four, and five of the Amended Complaint (ECF No. 13) are DISMISSED. The Motion to Dismiss is DENIED in part as to counts one and three of the Amended Complaint. (Ordered by Chief Judge Barbara M. G. Lynn on 12/10/2021) (mmw)

Docket last updated: 09/21/2026 11:59 PM CDT

Thursday, January 19, 2023
42		42 1 pgs order Order on Motion to Dismiss Fri 01/20 8:09 AM ORDER: Before the Court is the Joint Motion to Dismiss, filed by Plaintiff Christopher S. Burch and Defendant KLS Martin, LP. ECF No.41 . The Motion is GRANTED. Plaintiff's claims against Defendant are hereby DISMISSED with prejudice, with each side to bear its own costs. (Ordered by Judge Barbara M. G. Lynn on 1/19/2023) (mmw) Related: [-]
Tuesday, December 27, 2022
41		41 motion Dismiss Tue 12/27 7:55 AM Joint MOTION to Dismiss With Prejudice filed by Christopher Burch (Martin, Richard) Related: [-]
		Att: 1 Proposed Order
Friday, September 02, 2022
40		40 1 pgs order Order Referring Case to Magistrate Judge Fri 09/02 1:58 PM ORDER REASSIGNING CASE: This case is hereby REASSIGNED to Magistrate Judge Reno for pretrial management from Magistrate Judge Ray. (Ordered by Chief Judge Barbara M. G. Lynn on 9/2/2022) (mmw) Related: [-]
Friday, August 19, 2022
39		39 notice Notice of Attorney Appearance Fri 08/19 12:19 PM NOTICE of Attorney Appearance by Ernesto Alvarez, Jr on behalf of KLS Martin, LP. (Filer confirms contact info in ECF is current.) (Alvarez, Ernesto) Related: [-]
Tuesday, August 16, 2022
38		38 1 pgs order Order Setting Deadline/Hearing ~Util - Terminate Motions Tue 08/16 9:17 AM ORDER: Before the Court is the Joint Status Report of the parties filed on August 15, 2022. ECF No.36 . Because the parties have reached an agreement concerning Defendant's Motion to Quash Deposition of Dr. Shafi Mohamed and for Protective Order and Defendant's Motion to Compel Discovery Responses and Entry of Revised Scheduling Order filed on August 5, 2022 (ECF Nos.29 ,30 ), the hearing set on August 18, 2022 concerning those Motions is CANCELLED. The Clerk of Court will note on the docket that ECF Nos. 29 and 30 have been resolved by the parties and no longer require the Court's consideration. (Ordered by Magistrate Judge Hal R. Ray, Jr on 8/16/2022) (sre) Related: [-]
37		37 order Scheduling Order Tue 08/16 9:12 AM AGREED SECOND AMENDED SCHEDULING ORDER AND STIPULATION REGARDING INSPECTION OF EXPLANTED DEVICE: Motions due by 2/13/2023. Deadline for mediation is on or before 12/15/2022. Discovery due by 1/31/2023. See order for additional details. (Ordered by Magistrate Judge Hal R. Ray, Jr on 8/16/2022) (sre) Related: [-]
Monday, August 15, 2022
36		36 misc Status Report Mon 08/15 4:07 PM Joint STATUS REPORT filed by KLS Martin, LP. (Jacobs, Annie) Related: [-]
		Att: 1 Exhibit(s) Amended Agreed Scheduling Order
Friday, August 12, 2022
35		35 1 pgs order Order on Motion for Miscellaneous Relief Fri 08/12 3:21 PM ORDER: Before the Court is Plaintiff's34 Motion to Attend Hearing by Zoom Link filed yesterday. The Court GRANTS the Motion. Accordingly, the hearing set on the Defendant's motions referenced above on August 18, 2022 at 2:30 p.m. shall be conducted via Zoom. The Clerk will transmit to counsel of record the appropriate invitation to the hearing in due course. (Ordered by Magistrate Judge Hal R. Ray, Jr on 8/12/2022) (mmw) Related: [-]
Wednesday, August 10, 2022
34		34 motion Miscellaneous Relief Wed 08/10 4:40 PM MOTION To Appear at August 18, 2022 Discovery Hearing by Zoom Link filed by Christopher Burch with Brief/Memorandum in Support. (Martin, Richard) Related: [-]
		Att: 1 Supporting Memorandum,
		Att: 2 Proposed Order
Tuesday, August 09, 2022
33		33 1 pgs order Order on Application for Admission Pro Hac Vice Tue 08/09 4:40 PM ORDER: Before the Court is Gregory Francis Lunny's32 Application for Admission Pro Hac Vice filed today. The Court finds that the Application for Admission Pro Hac Vice should be and is hereby GRANTED. It is further ORDERED that, if the Applicant has not already done so, the Applicant must register as an ECF User within fourteen days of the date of this Order. See L.C.R 5.1(f). (Ordered by Magistrate Judge Hal R. Ray, Jr on 8/9/2022) (mmw) Related: [-]
32		32 motion Admission Pro Hac Vice Tue 08/09 11:27 AM Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Gregory Francis Lunny (Filing fee $100; Receipt number 0539-13019383) filed by KLS Martin, LP (Jacobs, Annie) Related: [-]
		Att: 1 Additional Page(s) Certificate of Good Standing
Monday, August 08, 2022
31		31 2 pgs order Order Setting Deadline/Hearing Mon 08/08 4:47 PM ORDER: Before the Court are Defendant's29 Motion to Quash Deposition of Dr. Shafi Mohamed and for Protective Order and Defendant's30 Motion to Compel Discovery Responses and Entry of Revised Scheduling Order. The Motions are SET for a Hearing, on August 18, 2022 at 2:30 p.m. in courtroom 508, Eldon B. Mahon United States Courthouse, 501 West 10th Street, Fort Worth, Texas, 76102. Lead counsel for the parties shall confer by telephone to discuss narrowing the issues to be considered by the Court. Counsel shall file a joint status report on or before August 15, 2022 at 5:00 p.m. Except by agreement of the parties, the deposition of Dr. Shafi Mohamed scheduled for August 12, 2022 shall not proceed pending further order of the Court. (Ordered by Magistrate Judge Hal R. Ray, Jr on 8/8/2022) (mmw) Related: [-]
Friday, August 05, 2022
30		30 motion Compel Fri 08/05 5:25 PM MOTION to Compel Discovery Responses and Entry of Revised Scheduling Order filed by KLS Martin, LP (Jacobs, Annie) Related: [-]
		Att: 1 Exhibit(s) Plaintiff Discovery Responses,
		Att: 2 Exhibit(s) Discovery Deficiency Letter,
		Att: 3 Exhibit(s) Dreger Joint Stipulation,
		Att: 4 Exhibit(s) Joint Motion to Amend Case Schedule,
		Att: 5 Exhibit(s) Correspondence with P's Counsel
29		29 motion Quash Fri 08/05 5:01 PM MOTION to Quash DEPOSITION of Dr. Shafi Mohamed and for Protective Order filed by KLS Martin, LP (Jacobs, Annie) Related: [-]
		Att: 1 Exhibit(s),
		Att: 2 Exhibit(s),
		Att: 3 Exhibit(s),
		Att: 4 Proposed Order
Wednesday, June 22, 2022
28		28 13 pgs order Order on Motion for Protective Order Wed 06/22 4:05 PM PROTECTIVE ORDER: Order granting27 Motion for Protective Order. See order for details. (Ordered by Magistrate Judge Hal R. Ray, Jr on 6/22/2022) (sre) Related: [-]
Thursday, June 16, 2022
27		27 motion Protective Order Thu 06/16 2:48 PM Joint MOTION for Protective Order filed by KLS Martin, LP (Jacobs, Annie) Related: [-]
		Att: 1 Proposed Order Stipulated Protective Order
Tuesday, May 03, 2022
26		26 1 pgs order Order on Motion to Continue Tue 05/03 1:46 PM ORDER : Before the Court is the25 Joint Motion to Continue. The Court GRANTS the Motion. Except for these changes, all other deadlines and requirements of the Scheduling Order (ECF No.17 ) remain in full effect. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/3/2022) (mmw) Related: [-]
Monday, May 02, 2022
25		25 motion Continue Mon 05/02 2:10 PM Joint MOTION to Continue Deadlines filed by Christopher Burch (Martin, Richard) Related: [-]
		Att: 1 Local Rule 7.1b Certificate,
		Att: 2 Proposed Order
Thursday, December 23, 2021
24		24 answer Answer to Amended Complaint Thu 12/23 4:15 PM ANSWER to13 Amended Complaint,, with Jury Demand filed by KLS Martin, LP. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Jacobs, Annie) Related: [-]
Friday, December 10, 2021
23		23 1 pgs order Order Accepting/Adopting Findings and Recommendations Fri 12/10 10:26 AM ORDER ACCEPTING22 FINDINGS AND RECOMMENDATIONOF THE UNITED STATES MAGISTRATE JUDGE: The Court ACCEPTS theFindings, Conclusions, and Recommendation of the United States Magistrate Judge. It is therefore ORDERED that the Motion to Dismiss (ECF No.18 ) is GRANTED in part, and counts two, four, and five of the Amended Complaint (ECF No.13 ) are DISMISSED. The Motion to Dismiss is DENIED in part as to counts one and three of the Amended Complaint. (Ordered by Chief Judge Barbara M. G. Lynn on 12/10/2021) (mmw) Related: [-]
Thursday, November 18, 2021
22		22 motion Findings and Recommendations Thu 11/18 11:31 AM FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Before the Court are Defendant KLS Martin, LP's Motion to Dismiss Plaintiff's First Amended Complaint; Plaintiff Christopher Burch's Response; and Defendant KLS Martin's Reply to that Response. ECF Nos.18 ,19 , and21 , respectively. After considering the pleadings and applicable legal authorities, the undersigned RECOMMENDS that Chief United States District Judge Barbara M. G. Lynn GRANT in part and DENY in part Defendant KLS Martin's Motion to Dismiss Plaintiffs First Amended Complaint. ECF No.18 . Any party who objects to any part of these findings, conclusions, and recommendation must file specific written objections within 14 days. (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/18/2021) (mmw) Related: [-]
Monday, July 12, 2021
21		21 respm Reply Mon 07/12 5:25 PM REPLY filed by KLS Martin, LP re:18 Motion to Dismiss for Failure to State a Claim (Jacobs, Annie) Related: [-]
Tuesday, June 29, 2021
20		20 notice Notice (Other) Tue 06/29 11:58 AM The Clerk's Office for the Wichita Falls division has relocated to Fort Worth. Any future mailings or paper filings should be directed to the Clerk of Court, Wichita Falls Division, 501 W. 10th Street, Room 310, Fort Worth, Texas 76102. Wichita Falls will continue to be a designated place for holding court in the Northern District of Texas, despite not having full-time Clerk's Office staff onsite at the courthouse. (cea) Related: [-]
Monday, June 28, 2021
19		19 respm Response/Objection Mon 06/28 5:45 PM RESPONSE filed by Christopher Burch re:18 Motion to Dismiss for Failure to State a Claim (Martin, Richard) Related: [-]
		Att: 1 Exhibit(s)
Tuesday, June 08, 2021
18		18 motion Dismiss for Failure to State a Claim Tue 06/08 7:31 PM Motion to Dismiss for Failure to State a Claim filed by KLS Martin, LP with Brief/Memorandum in Support.Attorney Katherine T Garber added to party KLS Martin, LP(pty:dft) (Garber, Katherine) Related: [-]
		Att: 1 Exhibit(s) Thoracic Plating System,
		Att: 2 Exhibit(s) Sale Policy/Condition of Sale
17		17 order Scheduling Order Tue 06/08 11:11 AM SCHEDULING ORDER: Joinder of Parties due by 11/4/2021. Amended Pleadings due by 11/4/2021. Motions due by 6/17/2022. Deadline for mediation is on or before 7/1/2022. Discovery due by 7/1/2022. (Ordered by Magistrate Judge Hal R. Ray, Jr on 6/8/2021) (pef) Related: [-]
Tuesday, May 25, 2021
16		16 1 pgs order Order Setting Deadline/Hearing Tue 05/25 8:44 AM ORDER: Before the Court are Defendant's Motion to Dismiss (ECF No.7 ) filed on May 3, 2021 and Plaintiff's First Amended Complaint for Damages (ECF No.13 ) filed on May 24, 2021. Because of the filing of the First Amended Complaint, the Court deems Defendant's Motion to Dismiss (ECF No.7 ) to be moot. Defendant shall file its answer or other pleading or motion in response to Plaintiff's First Amended Complaint on or before June 8, 2021. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/25/2021) (mmw) Related: [-]
Monday, May 24, 2021
15		15 respm Appendix in Support Mon 05/24 4:35 PM Appendix in Support filed by Christopher Burch re14 Response/Objection to Motion to Dismiss (Martin, Richard) Related: [-]
14		14 respm Response/Objection Mon 05/24 4:33 PM RESPONSE filed by Christopher Burch re:7 Motion to Dismiss for Failure to State a Claim (Martin, Richard) Related: [-]
13		13 cmp Amended Complaint Mon 05/24 9:57 AM AMENDED COMPLAINT WITH JURY DEMAND First Amended Complaint for Damages against KLS Martin, LP filed by Christopher Burch. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Martin, Richard) Related: [-]
Thursday, May 20, 2021
12		12 1 pgs order Order on Motion for Miscellaneous Relief Thu 05/20 2:54 PM ORDER: Before the Court is Plaintiff's Unopposed Motion to Proceed without Local Counsel filed today. ECF No.11 . For good cause shown, and noting that the Motion is unopposed, the Court GRANTS the Motion. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/20/2021) (mmw) Related: [-]
11		11 motion Miscellaneous Relief Thu 05/20 1:05 PM MOTION Permission to Proceed Without Local Counsel re9 Order Setting Deadline/Hearing, filed by Christopher Burch with Brief/Memorandum in Support. (Martin, Richard) Related: [-]
		Att: 1 Proposed Order
Friday, May 07, 2021
10		10 8 pgs order Order for Scheduling Order Proposal Fri 05/07 4:22 PM ORDER: Pursuant to Fed. R. Civ. P. 16(b), Rule 26, and the Court's Civil Justice Expense and Delay Reduction Plan, the Court enters this Order to promote possible early settlement of this action and to facilitate subsequent entry of a Scheduling Order. The Report shall be filed on or before June 7, 2021. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/7/2021) (pef) Related: [-]
9		9 1 pgs order Order Setting Deadline/Hearing Fri 05/07 4:19 PM ORDER REGARDING DESIGNATION OF LOCAL COUNSEL: Counsel for the Plaintiff shall seek leave of court to proceed without local counsel or shall designate such counsel on or before May 21, 2021. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/7/2021) (pef) Related: [-]
Wednesday, May 05, 2021
8		8 misc Certificate Of Interested Persons/Disclosure Statement Wed 05/05 7:43 PM CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by KLS Martin, LP. (Jacobs, Annie) Related: [-]
Monday, May 03, 2021
7		7 motion Dismiss for Failure to State a Claim Mon 05/03 8:31 PM Motion to Dismiss for Failure to State a Claim filed by KLS Martin, LP (Jacobs, Annie) Related: [-]
		Att: 1 Exhibit(s),
		Att: 2 Proposed Order
Friday, April 09, 2021
6		6 2 pgs order Order Referring Case to Magistrate Judge Fri 04/09 10:48 AM STANDING ORDER OF REFERENCE AND NOTICE OF OPTION TO CONSENT TO PROCEED BEFORE THE MAGISTRATE JUDGE: All other pretrial matters, including scheduling and possible alternative dispute resolution, are referred to the Magistrate Judge for appropriate action consistent with applicable law. Judge Ray will issue a separate order governing the filing and disposition of pretrial motions. If all parties consent to the authority of the Magistrate Judge for all purposes, the case will be transferred to Judge Ray. (Ordered by Chief Judge Barbara M. G. Lynn on 4/9/2021) (mmw) Related: [-]
Monday, April 05, 2021
5		5 service Summons Returned Mon 04/05 1:39 PM SUMMONS Returned Executed as to KLS Martin, LP; served on 3/29/2021. (Martin, Richard) Related: [-]
Wednesday, January 20, 2021
4		4 service Summons Issued Wed 01/20 12:09 PM Summons Issued as to KLS Martin, LP. (trt) Related: [-]
3		3 qcref Lynn (West Texas) Wed 01/20 12:01 PM New Case Notes: A filing fee has been paid. File to: No court file needed. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ray). Clerk to provide copy to plaintiff if not received electronically. (trt) Related: [-]
2		2 misc Request for Clerk to Issue Document Wed 01/20 11:03 AM Request for Clerk to issue Summons filed by Christopher Burch. (Martin, Richard) Related: [-]
1		1 9 pgs cmp Complaint Wed 01/20 10:59 AM COMPLAINT WITH JURY DEMAND against KLS Martin, LP filed by Christopher Burch. (Filing fee $402; Receipt number 0539-11531437) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Martin, Richard) Related: [-]
		Att: 1 Cover Sheet

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