Sallee v. Medtronic Incorporated et al
Plaintiff: David Sallee
Defendant: Medtronic Incorporated, Medtronic USA Incorporated, Covidien Incorporated, Covidien Holding Incorporated and Covidien Sales LLC
Case Number: 4:2022cv00270
Filed: June 9, 2022
Court: US District Court for the District of Arizona
Presiding Judge: Leslie A Bowman
Referring Judge: D Thomas Ferraro
2 Judge: John C Hinderaker
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Wrongful Death
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2022 Filing 22 REPLY to Response to Motion re: #14 MOTION to Dismiss for Failure to State a Claim filed by Covidien Holding Incorporated, Covidien Sales LLC, Medtronic Incorporated, Medtronic USA Incorporated. (Lockwood, Aaron)
August 1, 2022 Filing 21 REPLY to Response to Motion re: #13 MOTION to Remand to State Court filed by David Sallee. (Leader, John)
July 27, 2022 Filing 20 RESPONSE in Opposition re: #19 MOTION for Summary Disposition of Their Motion to Dismiss re: #14 MOTION to Dismiss for Failure to State a Claim and Defendants' Notice of Plaintiff's Failure to Respond, #14 MOTION to Dismiss for Failure to State a Claim And Request for Extension of Time to Respond to Motion to Dismiss filed by David Sallee. (Attachments: #1 Proposed Order Proposed Order)(Leader, John)
July 21, 2022 Filing 19 MOTION for Summary Disposition of Their Motion to Dismiss re: #14 MOTION to Dismiss for Failure to State a Claim and Defendants' Notice of Plaintiff's Failure to Respond by Covidien Holding Incorporated, Covidien Sales LLC, Medtronic Incorporated, Medtronic USA Incorporated. (Attachments: #1 Exhibit, #2 Proposed Order)(Lockwood, Aaron)
July 19, 2022 Opinion or Order Filing 18 ORDER: Due to a conflict, the case referral has been randomly reassigned to the Honorable D. Thomas Ferraro. All future filings shall reflect the following case number CV-22-270-TUC-JCH(DTF). Signed by Magistrate Judge Leslie A Bowman on 7/19/2022. (ARC)
July 15, 2022 Opinion or Order Filing 17 ORDER granting #16 Stipulation and deadline for Plaintiff to reply to Defendants' Response to #13 Plaintiff's Motion for Remand is hereby extended to August 2, 2022. Signed by Magistrate Judge Leslie A Bowman on 7/15/2022. (ARC)
July 14, 2022 Filing 16 STIPULATION to Extend Time for Plaintiff to Reply to Defendants' Response to Plaintiff's Motion for Remand by David Sallee. (Attachments: #1 Proposed Order Proposed Order)(Leader, John)
July 12, 2022 Filing 15 RESPONSE to Motion re: #13 MOTION to Remand to State Court filed by Covidien Holding Incorporated, Covidien Sales LLC, Medtronic Incorporated, Medtronic USA Incorporated. (Lockwood, Aaron)
July 5, 2022 Remark: Pro hac vice motion(s) granted for Laura Lawson on behalf of Defendants Covidien Holding Incorporated, Covidien Incorporated, Covidien Sales LLC, Medtronic Incorporated, Medtronic USA Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
July 5, 2022 Remark: Pro hac vice motion(s) granted for Brice Nengsu Kenfack on behalf of Defendants Covidien Holding Incorporated, Covidien Incorporated, Covidien Sales LLC, Medtronic Incorporated, Medtronic USA Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
June 30, 2022 Filing 14 MOTION to Dismiss for Failure to State a Claim by Covidien Holding Incorporated, Covidien Sales LLC, Medtronic Incorporated, Medtronic USA Incorporated. (Lockwood, Aaron)
June 28, 2022 Filing 13 MOTION to Remand to State Court by David Sallee. (Attachments: #1 Proposed Order Proposed Order)(Leader, John)
June 23, 2022 Opinion or Order Filing 12 ORDERED that this case, reassigned to the Honorable John C. Hinderaker, is hereby referred to Magistrate Judge Leslie A. Bowman for all pretrial proceedings and a report and recommendation in accordance with 28 U.S.C. 636(b)(1), Rule 72 of the Federal Rules of Civil Procedure, and Rule 72.2 of the Rules of Practice and Procedure of the U.S. District Court for the District of Arizona. All future filings in this case shall be designated: CV-22-270-TUC-JCH(LAB). Signed by Judge John C Hinderaker on 6/23/2022. (ARC)
June 23, 2022 Filing 10 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. IT IS ORDERED this case is reassigned by random draw to District Judge John C Hinderaker. All further pleadings/papers should now list the following COMPLETE case number: CV-22-270-TUC-JCH. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC)
June 21, 2022 Filing 9 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC)
June 21, 2022 Filing 8 Corporate Disclosure Statement by Covidien Holding Incorporated, Covidien Sales LLC, Medtronic Incorporated, Medtronic USA Incorporated. (Lockwood, Aaron)
June 16, 2022 Opinion or Order Filing 6 ORDER granting #5 Stipulation For Extension of Time To Answer Complaint. Defendants shall have to, and including, June 30, 2022, to answer, move, or otherwise respond to the Complaint. Signed by Magistrate Judge Leslie A Bowman on 6/15/2022. (ARC)
June 14, 2022 Filing 5 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Covidien Holding Incorporated, Covidien Sales LLC, Medtronic Incorporated, Medtronic USA Incorporated. (Attachments: #1 Proposed Order)(Lockwood, Aaron)
June 10, 2022 Filing 4 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Covidien Holding Incorporated, Covidien Incorporated, Covidien Sales LLC, Medtronic Incorporated, Medtronic USA Incorporated. (JAM)
June 9, 2022 Filing 3 Filing fee paid, receipt number AAZDC-20756509. This case has been assigned to the Honorable Leslie A Bowman. All future pleadings or documents should bear the correct case number: CV-22-270-TUC-LAB. Magistrate Election form attached. PLEASE NOTE: Plaintiff(s) and defendants that have already appeared in this case are required to file the attached Magistrate Election form within FOURTEEN (14) days of this filing. Please read attached instructions. (JAM)
June 9, 2022 Filing 2 DECLARATION of Aaron J. Lockwood in Support of #1 Notice of Removal by Defendants Covidien Holding Incorporated, Covidien Incorporated, Covidien Sales LLC, Medtronic Incorporated, Medtronic USA Incorporated. (Lockwood, Aaron) (JAM)
June 9, 2022 Filing 1 NOTICE OF REMOVAL from Pima County Superior Court, case number C20220934. Filing fee received: $ 402.00, receipt number AAZDC-20756509 filed by Covidien Sales LLC, Covidien Incorporated, Medtronic USA Incorporated, Medtronic Incorporated, Covidien Holding Incorporated. (Lockwood, Aaron) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit)(JAM)
June 9, 2022 ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED: Affidavit of Service re: Summons, Complaint, Rule 102(A) Fastar Certificate upon Covidien Sales, LLC on 5/11/22. (Original filed in Pima County Superior Court on 5/13/22.) SERVICE EXECUTED: Affidavit of Service re: Summons, Complaint, Rule 102(A) Fastar Certificate upon Medtronic USA, Inc. on 5/11/22. (Original filed in Pima County Superior Court on 5/13/22.) SERVICE EXECUTED: Affidavit of Service re: Summons, Complaint, Rule 102(A) Fastar Certificate upon Covidien Holdings, Inc. on 5/11/22. (Original filed in Pima County Superior Court on 5/13/22.) SERVICE EXECUTED: Affidavit of Service re: Summons, Complaint, Rule 102(A) Fastar Certificate upon Medtronic, Inc. on 5/11/22. (Original filed in Pima County Superior Court on 5/13/22.) SERVICE EXECUTED: Affidavit of Service re: Summons, Complaint, Rule 102(A) Fastar Certificate upon Covidien, Inc. on 5/11/22. (Original filed in Pima County Superior Court on 5/13/22.) SERVICE EXECUTED: Affidavit of Service re: Summons, Complaint, Rule 102(A) Fastar Certificate upon Covidien Holding, Inc. on 5/11/22. (Original filed in Pima County Superior Court on 5/17/22.) (JAM) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.

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Plaintiff: David Sallee
Represented By: John Pepper Leader
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Defendant: Medtronic Incorporated
Represented By: Aaron James Lockwood
Represented By: Brice Nengsu Kenfack
Represented By: Laura Lawson
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Defendant: Medtronic USA Incorporated
Represented By: Aaron James Lockwood
Represented By: Brice Nengsu Kenfack
Represented By: Laura Lawson
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Defendant: Covidien Incorporated
Represented By: Aaron James Lockwood
Represented By: Brice Nengsu Kenfack
Represented By: Laura Lawson
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Defendant: Covidien Holding Incorporated
Represented By: Aaron James Lockwood
Represented By: Brice Nengsu Kenfack
Represented By: Laura Lawson
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Defendant: Covidien Sales LLC
Represented By: Aaron James Lockwood
Represented By: Brice Nengsu Kenfack
Represented By: Laura Lawson
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