Smith v. AngioDynamics, Inc. et al
| Sandrea Smith |
| Navilyst Medical, Inc. and Angiodynamics, Inc. |
| 3:2024cv01853 |
| October 15, 2024 |
| US District Court for the Southern District of California |
| Jinsook Ohta |
| Valerie E Torres |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 pl Diversity-Product Liability |
| Both |
Docket Report
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| Filing 39 Judge Jinsook Ohta and Magistrate Judge Valerie E. Torres assigned to transfer case from Middle District of Alabama. (All non-registered users served via U.S. Mail Service)(no document attached) (jmo) |
| Filing 38 Case transferred in from District of Alabama Middle; Case Number 2:24-cv-00112. Original file received electronically (jmo) |
| Filing 37 Received certified copy of Conditional Transfer Order entered on 10/11/2024 by the Judicial Panel on Multidistrict Litigation transferring this action to USDC for the Southern District of California. (BES) [Transferred from Alabama Middle on 10/15/2024.] |
| Case transferred to Southern District of California. Electronically transferred via CM/ECF to Clerk. (ALMD Hearings Termed: FPC set for 12/11/2025; Jury Selection & Trial set for 02/02/2026) (BES) [Transferred from Alabama Middle on 10/15/2024.] |
Filing 36
TEXT ORDER granting #35 Motion to Withdraw as Attorney for Larry B. Childs. Signed by Honorable Judge R. Austin Huffaker, Jr. on 10/7/2024. (BES) [Transferred from Alabama Middle on 10/15/2024.]
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| ***PURSUANT TO THE 36 TEXT ORDER - Attorney Larry Brittain Childs terminated for dfts. (BES) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 35 MOTION to Withdraw as Attorney Motion for Leave to Withdraw by AngioDynamics, Inc., Navilyst Medical, Inc.. (Childs, Larry) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 34 NOTICE of Change of Address by Thomas J. Yoo (Yoo, Thomas) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 33 NOTICE of Change of Address by Amy McVeigh (McVeigh, Amy) [Transferred from Alabama Middle on 10/15/2024.] |
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Filing 32
STANDARD BRIEFING ORDER setting out further briefing requirements, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 5/16/2024. (BES) [Transferred from Alabama Middle on 10/15/2024.]
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Filing 31
SCHEDULING ORDER: Final Pretrial Conference set for 12/11/2025 at 10:00 AM in Courtroom 2D before Honorable Judge R. Austin Huffaker Jr.; Proposed Pretrial Order due by 12/4/2025; Jury Selection & Trial set for 2/2/2026 at 10:00 AM in Montgomery, AL before Honorable Judge R. Austin Huffaker Jr.; Dispositive & Daubert Motions due by 8/13/2025; Mediation Notice due by 7/21/2025; Amended Pleadings due by 7/15/2024; Discovery due by 7/14/2025, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 5/16/2024. (BES) [Transferred from Alabama Middle on 10/15/2024.]
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| Filing 30 REPORT of Rule 26(f) Planning Meeting. (Childs, Larry) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 29 ANSWER with JURY DEMAND to #1 Complaint by AngioDynamics, Inc., Navilyst Medical, Inc.. (Childs, Larry) Modified on 5/8/2024 to clarify jury demand (BES). [Transferred from Alabama Middle on 10/15/2024.] |
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Filing 28
RULE 26(f) ORDER: it is ORDERED that the FRCP 26(f) Report containing the discovery plan shall be filed as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 5/14/2024. Signed by Honorable Judge R. Austin Huffaker, Jr on 4/23/2024. (BES) [Transferred from Alabama Middle on 10/15/2024.]
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Filing 27
MEMORANDUM OPINION AND ORDER: it is ORDERED that Dfts' #8 Motion to Dismiss is GRANTED in part and DENIED in part as follows: 1.) The motion is GRANTED as to Count III (breach of warranties); and 2.) The motion is DENIED as to Count I (AEMLD), Count II (Negligence) and Count IV (Wantonness). Signed by Honorable Judge R. Austin Huffaker, Jr on 4/23/2024. (BES) [Transferred from Alabama Middle on 10/15/2024.]
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| Filing 26 REPLY BRIEF re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM DEFENDANTS REPLY BRIEF IN FURTHER SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS COMPLAINT filed by AngioDynamics, Inc., Navilyst Medical, Inc.. (Childs, Larry)[Transferred from Alabama Middle on 10/15/2024.] |
| Filing 25 Case reassigned to Honorable Judge R. Austin Huffaker, Jr as Presiding Judge and Magistrate Judge Chad W. Bryan as Referral Judge. Magistrate Judge Chad W. Bryan no longer assigned to the case as Presiding Judge. (BES) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 24 RESPONSE in Opposition re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Sandrea Smith. (Darley, Frederick) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 23 Corporate/Conflict Disclosure Statement by Sandrea Smith. (Darley, Frederick) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 22 Corporate/Conflict Disclosure Statement by Navilyst Medical, Inc.. (Childs, Larry) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 21 Corporate/Conflict Disclosure Statement by AngioDynamics, Inc.. (Childs, Larry) [Transferred from Alabama Middle on 10/15/2024.] |
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Filing 20
ORDER: It is hereby ORDERED that the parties have until March 25, 2024 to correct the deficiency (See Order for Further Details). Signed by Magistrate Judge Chad W. Bryan on 3/15/2024. (LAB) [Transferred from Alabama Middle on 10/15/2024.]
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Filing 19
TEXT ORDER: Granting #16 Motion to Appear Pro Hac Vice as to THOMAS J. YOO. Signed by Magistrate Judge Chad W. Bryan on 3/15/2024. (LAB) [Transferred from Alabama Middle on 10/15/2024.]
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Filing 18
TEXT ORDER: Granting #17 Motion to Appear Pro Hac Vice as to AMY MCVEIGH. Signed by Magistrate Judge Chad W. Bryan on 3/15/2024. (LAB) [Transferred from Alabama Middle on 10/15/2024.]
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| Filing 17 Motion to Appear Pro Hac Vice as to AMY MCVEIGH (Certificate of Good Standing included) ( Filing fee $ 75 receipt number AALMDC-3603847.) by AngioDynamics, Inc., Navilyst Medical, Inc. (Childs, Larry) Modified text on 3/15/2024 (LAB). [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 16 Motion to Appear Pro Hac Vice as to THOMAS J. YOO (Certificate of good standing included) ( Filing fee $ 75 receipt number AALMDC-3603846.) by AngioDynamics, Inc., Navilyst Medical, Inc. (Childs, Larry) Modified text on 3/15/2024 (LAB). [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 15 Corporate/Conflict Disclosure Statement by AngioDynamics, Inc.. (Childs, Larry) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 14 Corporate/Conflict Disclosure Statement by Navilyst Medical, Inc.. (Childs, Larry) [Transferred from Alabama Middle on 10/15/2024.] |
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Filing 13
ORDER: The parties are hereby DIRECTED to complete and return the appropriate form so that it is received by the Clerk of Court on or before March 25, 2024 (Do NOT Electronically File the Consent Form Nor the Request for Reassignment Into the Record). Signed by Magistrate Judge Chad W. Bryan on 3/12/2024. (LAB) [Transferred from Alabama Middle on 10/15/2024.]
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| Filing 12 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to AngioDynamics, Inc., Navilyst Medical, Inc.; Corporate Disclosures due by 3/21/2024. (Attachments: #1 Standing Order and Sample Format)(BES) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 11 NOTICE of Assignment to Magistrate Judge sent to counsel for (DFTs) AngioDynamics, Inc., Navilyst Medical, Inc. (BES) [Transferred from Alabama Middle on 10/15/2024.] |
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Filing 10
ORDER: It is hereby ORDERED that any response from Plaintiff shall be filed no later than March 25, 2024 and that any reply from Defendants shall be filed no later than 7 days from the filing of Plaintiff's response. Signed by Magistrate Judge Chad W. Bryan on 3/11/2024. (LAB) [Transferred from Alabama Middle on 10/15/2024.]
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| ***PURSUANT TO THE #8 MOTION - Attorney Thomas J. Yoo & Amy McVeigh for AngioDynamics, Inc. & Navilyst Medical, Inc. added. (BES) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 9 BRIEF/MEMORANDUM in Support re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by AngioDynamics, Inc., Navilyst Medical, Inc.. (Childs, Larry) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by AngioDynamics, Inc., Navilyst Medical, Inc.. (Childs, Larry) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 7 SUMMONS Returned Executed by Sandrea Smith. Navilyst Medical, Inc. served on 2/16/2024, answer due 3/8/2024. (Darley, Frederick) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 6 SUMMONS Returned Executed by Sandrea Smith. AngioDynamics, Inc. served on 2/16/2024, answer due 3/8/2024. (Darley, Frederick) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 5 Summons Issued as to AngioDynamics, Inc., Navilyst Medical, Inc..NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (BES) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 4 NOTICE of Assignment to Magistrate Judge sent to counsel for (PLF) Sandrea Smith. (BES) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 3 Case assigned to Magistrate Judge Chad W. Bryan as Presiding Judge. (BES) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 2 Corporate/Conflict Disclosure Statement by Sandrea Smith. (Darley, Frederick) [Transferred from Alabama Middle on 10/15/2024.] |
| Filing 1 COMPLAINT with JURY DEMAND against AngioDynamics, Inc., Navilyst Medical, Inc. ( Filing fee $ 405 receipt number AALMDC-3585924.), filed by Sandrea Smith. 90 day Rule 4m deadline set for 5/15/2024. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons) (Darley, Frederick) Modified on 2/15/2024 to reflect jury demand (BES). [Transferred from Alabama Middle on 10/15/2024.] |
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