Brockway v. AngioDynamics, Inc. et al
Plaintiff: Charmaine Brockway
Defendant: Navilyst Medical, Inc. and Angiodynamics, Inc.
Case Number: 3:2024cv01844
Filed: October 15, 2024
Court: U.S. District Court for the Southern District of California
Presiding Judge: Jinsook Ohta
Referring Judge: Valerie E Torres
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1407 md MDL: Multidistrict Litigation
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2024 Filing 27 Judge Jinsook Ohta and Magistrate Judge Valerie E. Torres assigned to transfer case from Southern District of Iowa. (All non-registered users served via U.S. Mail Service)(no document attached) (jmo)
October 15, 2024 Filing 26 Case transferred in from District of Iowa Southern; Case Number 4:24-cv-00133. Original file received electronically (jmo)
October 11, 2024 Filing 25 CLERK'S CERTIFIED TRANSFER ORDER Southern District of California. (kjw) [Transferred from Iowa Southern on 10/15/2024.]
October 11, 2024 ***Civil Case Terminated. Case electronically transferred to the Southern District of California. (kjw) [Transferred from Iowa Southern on 10/15/2024.]
October 7, 2024 Opinion or Order Filing 24 CONDITIONAL TRANSFER ORDER re: pldg. ( #2 in MDL No. 3125), ( #1 in MDL No. 3125) Transferring 21 action(s) to Judge Jinsook Ohta in the S.D. California. Signed by Judge Nathaniel M. Gorton, Acting Chair, PANEL ON MULTIDISTRICT LITIGATION, on 10/3/2024. Associated Cases: MDL No. 3125, ALM/1:23-cv-00294, ALM/2:24-cv-00112, CAS/3:24-cv-00825, CAS/3:24-cv-00865, FLM/6:23-cv-01554, GAN/1:24-cv-02212, IAS/4:24-cv-00133, ILN/1:24-cv-02008, KYE/7:24-cv-00025, KYW/3:24-cv-00414, KYW/4:24-cv-00046, MIE/5:24-cv-11436, MOE/2:24-cv-00032, MOE/4:23-cv-01179, MOW/2:24-cv-04114, MOW/2:24-cv-04121, MOW/3:24-cv-05055, OHN/1:24-cv-00132, OHN/4:24-cv-00904, TNE/2:23-cv-00161, TXS/7:23-cv-00384, UT/1:24-cv-00101, WVN/1:22-cv-00097 (SM) (sml) [Transferred from Iowa Southern on 10/15/2024.]
October 7, 2024 Filing 23 TEXT MINUTE ORDER -- TO THE TRANSFEROR CLERKS OF THE ASSOCIATED CASES: This transmittal is for informational purposes only. No action is required at this time. A transfer order has been filed today in this litigation. Rule 2.1 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, states...An order to transfer or remand pursuant to 28 U.S.C. 1407 shall be effective only upon its filing with the clerk of the transferee district court. You will receive a certified copy of this order from the transferee court along with notification of the newly assigned case number(s) in that district. With the advent of electronic filing, Rule 9.1 of the Panel Rules shall be satisfied upon transmittal of the portion of the file deemed necessary and requested by the transferee court. Signed by Acting Clerk of the Panel Marcella R. Lockert on 10/3/2024.Associated Cases: MDL No. 3125, ALM/1:23-cv-00294, ALM/2:24-cv-00112, FLM/6:23-cv-01554, GAN/1:24-cv-02212, IAS/4:24-cv-00133, ILN/1:24-cv-02008, KYE/7:24-cv-00025, KYW/3:24-cv-00414, KYW/4:24-cv-00046, MIE/5:24-cv-11436, MOE/2:24-cv-00032, MOE/4:23-cv-01179, MOW/2:24-cv-04114, MOW/2:24-cv-04121, MOW/3:24-cv-05055, OHN/1:24-cv-00132, OHN/4:24-cv-00904, TNE/2:23-cv-00161, TXS/7:23-cv-00384, UT/1:24-cv-00101, WVN/1:22-cv-00097 (SM) (sml) [Transferred from Iowa Southern on 10/15/2024.]
August 12, 2024 Filing 22 REPLY BRIEF IN SUPPORT OF re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PLAINTIFFS FIRST AMENDED COMPLAINT filed by AngioDynamics, Inc., Navilyst Medical, Inc..(Doohen, Stephen) [Transferred from Iowa Southern on 10/15/2024.]
August 6, 2024 Filing 21 NOTICE by AngioDynamics, Inc., Navilyst Medical, Inc. Change of Address. (Yoo, Thomas) [Transferred from Iowa Southern on 10/15/2024.]
August 6, 2024 Filing 20 NOTICE by AngioDynamics, Inc., Navilyst Medical, Inc. Change of Address. (McVeigh, Amy) [Transferred from Iowa Southern on 10/15/2024.]
August 5, 2024 Filing 19 RESPONSE to Motion re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PLAINTIFFS FIRST AMENDED COMPLAINT filed by Charmaine Brockway. Replies due by 8/12/2024.(Dickerson, Chelsea) [Transferred from Iowa Southern on 10/15/2024.]
July 29, 2024 Filing 18 NOTICE of Case Pending No. 47 (JPML) IN RE: AngioDynamics, Inc., and Navilyst Medical, Inc., Port Catheter Products Liability Litigation. (kjw) (Additional attachment(s) added on 8/2/2024: #1 Amended Schedule) (nla). [Transferred from Iowa Southern on 10/15/2024.]
July 22, 2024 Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PLAINTIFFS FIRST AMENDED COMPLAINT by AngioDynamics, Inc., Navilyst Medical, Inc.. Responses due by 8/5/2024. (Attachments: #1 Memorandum in Support)(Doohen, Stephen) [Transferred from Iowa Southern on 10/15/2024.]
July 9, 2024 Filing 16 FIRST AMENDED COMPLAINT against All Defendants, filed by Charmaine Brockway. (btg) [Transferred from Iowa Southern on 10/15/2024.]
July 8, 2024 Filing 15 TEXT ORDER granting #14 Plaintiff's Unopposed Motion For Leave To File First Amended Complaint In Response To Defendants' Motion To Dismiss Out Of Time. Pursuant to Local Rule 7(h), the Clerk of Court is directed to detach and docket the amended complaint attached to the motion.Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 7/8/2024. (sbj) [Transferred from Iowa Southern on 10/15/2024.]
July 3, 2024 Filing 14 Unresisted MOTION for Leave to File Out of Time by Charmaine Brockway.Motions referred to Stephen B. Jackson, Jr. Responses due by 7/17/2024. (Attachments: #1 First Amended Complaint)(Dickerson, Chelsea) [Transferred from Iowa Southern on 10/15/2024.]
July 3, 2024 Filing 13 TEXT ORDER re #12 Plaintiff's Motion for Leave to File First Amended Complaint in Response to Defendant's Motion to Dismiss Out of Time filed by Charmaine Brockway. Plaintiff is directed to file a supplement to the Motion #12 indicating Defendants' position. The Court will take no action regarding the Motion #12 until such supplement is filed. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on July 3, 2024. (cmb) [Transferred from Iowa Southern on 10/15/2024.]
July 2, 2024 Filing 12 MOTION for Leave to File Out of Time by Charmaine Brockway.Motions referred to Stephen B. Jackson, Jr. Responses due by 7/16/2024. (Attachments: #1 First Amended Complaint)(Dickerson, Chelsea) [Transferred from Iowa Southern on 10/15/2024.]
June 27, 2024 Filing 11 TEXT ORDER granting #9 Motion for Leave to Appear Pro Hac Vice Amy McVeigh; granting #10 Motion for Leave to Appear Pro Hac Vice Thomas J. Yoo. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr on 6/27/2024. (btg) [Transferred from Iowa Southern on 10/15/2024.]
June 26, 2024 Filing 10 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5490495 Fee paid in the amount of $100. by AngioDynamics, Inc., Navilyst Medical, Inc.. (Yoo, Thomas) [Transferred from Iowa Southern on 10/15/2024.]
June 26, 2024 Filing 9 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5490391 Fee paid in the amount of $100. by AngioDynamics, Inc., Navilyst Medical, Inc.. (McVeigh, Amy) [Transferred from Iowa Southern on 10/15/2024.]
June 17, 2024 Filing 8 MOTION to Dismiss by AngioDynamics, Inc., Navilyst Medical, Inc.. Responses due by 7/1/2024. (Attachments: #1 Brief in Support of Motion to Dismiss)(Doohen, Stephen) [Transferred from Iowa Southern on 10/15/2024.]
June 17, 2024 Filing 7 Corporate Disclosure/Statement of Interest by AngioDynamics, Inc., Navilyst Medical, Inc.. (Doohen, Stephen) [Transferred from Iowa Southern on 10/15/2024.]
June 17, 2024 Filing 6 NOTICE of Appearance by Stephen E. Doohen on behalf of AngioDynamics, Inc., Navilyst Medical, Inc. (Doohen, Stephen) [Transferred from Iowa Southern on 10/15/2024.]
April 17, 2024 Filing 5 WAIVER OF SERVICE Returned Executed filed by Charmaine Brockway; AngioDynamics, Inc. waiver served on 4/17/2024, answer due 6/17/2024; Navilyst Medical, Inc. waiver served on 4/17/2024, answer due 6/17/2024. (Attachments: #1 Executed Waiver of Service - Navilyst Medical, Inc.)(Dickerson, Chelsea) [Transferred from Iowa Southern on 10/15/2024.]
April 17, 2024 Opinion or Order Filing 4 TEXT ORDER granting #3 Motion for Leave to Appear Pro Hac Vice Chelsea Dickerson. Signed by Magistrate Judge Stephen B. Jackson, Jr on 4/17/2024. (btg) [Transferred from Iowa Southern on 10/15/2024.]
April 16, 2024 Filing 3 MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5433489 Fee paid in the amount of $100. by Charmaine Brockway. (Pechota, Dominic) [Transferred from Iowa Southern on 10/15/2024.]
April 15, 2024 Filing 2 Summons/Corporate Disclosure Packet Note: Counsel should download the attached summons and/or corporate disclosure packet, if applicable. In compliance with Rule 4 of the Rules of Civil Procedure for summons and Local Rule 7.1 for the disclosure statements. (Attachments: #1 7.1 packet) (btg) [Transferred from Iowa Southern on 10/15/2024.]
April 11, 2024 Filing 1 COMPLAINT against All Defendants Filing fee paid in the amount of $ 405, receipt number AIASDC-5429555., filed by Charmaine Brockway. Notice of Dismissal for lack of Service deadline set for 7/10/2024. Rule 16 Notice of Dismissal set for 7/10/2024. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Pechota, Dominic) [Transferred from Iowa Southern on 10/15/2024.]

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Plaintiff: Charmaine Brockway
Represented By: Dominic F. Pechota
Represented By: Chelsea Dickerson
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Defendant: Navilyst Medical, Inc.
Represented By: Thomas Yoo
Represented By: Stephen E. Doohen
Represented By: Amy McVeigh
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Defendant: Angiodynamics, Inc.
Represented By: Thomas Yoo
Represented By: Amy McVeigh
Represented By: Stephen E. Doohen
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