Preston v. AngioDynamics, Inc. et al
| Claude Preston |
| Navilyst Medical, Inc. and Angiodynamics, Inc. |
| 3:2024cv01860 |
| October 15, 2024 |
| U.S. 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 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 9, 2024. A more recent docket listing may be available from PACER.
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| Filing 35 NOTICE of Withdrawal of Lori E. Hammond and Darrell Christopher Robinson as Counsel for Defendants by Angiodynamics, Inc., Navilyst Medical, Inc. (Hammond, Lori) (rxc). |
| Filing 34 Judge Jinsook Ohta and Magistrate Judge Valerie E. Torres assigned to transfer case from Eastern District of Kentucky. (All non-registered users served via U.S. Mail Service)(no document attached) (jmo) |
| Filing 33 Case transferred in from District of Kentucky Eastern; Case Number 7:24-cv-00025. Original file received electronically (jmo) |
| Filing 32 CERTIFIED ORDER received from Southern District of California: Case Transfer to the MDL Panel pursuant to Transfer Order filed in MDL Case Number 3125. (TDA)cc: COR [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 31 INFORMATION COPY OF MDL CONDITIONAL TRANSFER ORDER: MDL No. 3125. (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #27 MOTION to Stay Litigation Pending Decision by MDL on Plas Motion to Transfer Actions by Claude Preston. (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 30 RESPONSE in Opposition re #27 MOTION to Stay Litigation Pending Decision by MDL on Plas Motion to Transfer Actions by Claude Preston filed by AngioDynamics, Inc., Navilyst Medical, Inc.. (Hammond, Lori) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 29 CERTIFICATE OF SERVICE by Claude Preston of Discovery Requests (Evans, Adam) [Transferred from Kentucky Eastern on 10/15/2024.] |
| ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: #28 Joint Status Report. (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 28 JOINT STATUS REPORT by Claude Preston. (Evans, Adam) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 27 MOTION to Stay Litigation Pending Decision by MDL on Plas Motion to Transfer Actions by Claude Preston. Motions referred to Edward B. Atkins. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Motion to Transfer, #3 Exhibit B - Memorandum in Support of Plaintiffs' Motion to Transfer, #4 Proposed Order)(Evans, Adam) Modified text on 8/29/2024 (TDA). [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 26 CERTIFICATE OF SERVICE by AngioDynamics, Inc., Navilyst Medical, Inc. of Defendants' Rule 26(a) Initial Disclosures (Robinson, D.) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 25 CERTIFICATE OF SERVICE by Claude Preston Plaintiff's Rule 26(a) Initial Disclosures (Evans, Adam) [Transferred from Kentucky Eastern on 10/15/2024.] |
| ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: #24 Joint Status Report. (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 24 JOINT STATUS REPORT by AngioDynamics, Inc., Navilyst Medical, Inc.. (Robinson, D.) [Transferred from Kentucky Eastern on 10/15/2024.] |
| NOTICE FOR ATTORNEY TO UPDATE ADDRESS to Thomas Yoo: It appears the address listed on your filing #23 Notice of Change of Address is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 23 NOTICE of Change of Address by Thomas J. Yoo (Yoo, Thomas) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 22 NOTICE of Change of Address by Amy McVeigh (McVeigh, Amy) [Transferred from Kentucky Eastern on 10/15/2024.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #16 PARTIAL MOTION to Dismiss Plas First Amended Complaint by AngioDynamics, Inc., Navilyst Medical, Inc. (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
Filing 21
SCHEDULING ORDER: 1. Serve initial disclosures by August 16, 2024. Supplement purs to Rule 26(e). 2. Parties file any motion to join parties or amend pleadings by October 15, 2024. 3. NLT February 14, 2025, complete all fact discovery. 4. Per FRCP 26(a)(2), nlt March 3, 2025, plas disclose identity of expert witnesses by written reports. 5. Per FRCP 26(a)(2), nlt April 4, 2025, dfts disclose identity of expert witnesses by written reports. 6. NLT June 13, 2025, complete all expert discovery. 7. Status report due nlt than June 13, 2025 (close of discovery). 8. Dispositive motions, Daubert motions, and motion in limine nlt than June 30, 2025, with response and reply per LR 7.1(c). 9. Should discovery dispute arise, comply w/ Order (R. #3 ). 10. Copy of briefs & memo in support be provided to chambers w/in 48 hours in paper or email. 11. Telephonic mid-discovery conference on January 10, 2025 at 1:00 P.M. ON THE RECORD from FRANKFORT. Access by calling Microsoft Teams Audioconferencing. 12. Requests to modify dates or deadlines be submitted upon motion prior to expiration. 13. On first Monday of each month, beginning August 5, 2024 parties file status report detailing progress made during preceding 30 days and what is scheduled to occur in following 30 days. Signed by Magistrate Judge Edward B. Atkins on 7/29/2024. (TDA) cc: COR & FktCD [Transferred from Kentucky Eastern on 10/15/2024.]
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| Filing 20 REPLY to Response to Motion re #16 PARTIAL MOTION to Dismiss Plas First Amended Complaint by AngioDynamics, Inc., Navilyst Medical, Inc. filed by AngioDynamics, Inc., Navilyst Medical, Inc.. (Robinson, D.) [Transferred from Kentucky Eastern on 10/15/2024.] |
| ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: #19 Report of Rule 26(f) Planning Meeting. (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 19 JOINT REPORT of Rule 26(f) Planning Meeting. (Robinson, D.) [Transferred from Kentucky Eastern on 10/15/2024.] |
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Filing 18
ORDER: Court DENIES DE #8 as moot. Court will address any motion(s) regarding amended complaint when ripe. Signed by Judge Robert E. Wier on 7/17/2024. (TDA)cc: COR [Transferred from Kentucky Eastern on 10/15/2024.]
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| Filing 17 RESPONSE in Opposition re #16 PARTIAL MOTION to Dismiss Plas First Amended Complaint by AngioDynamics, Inc., Navilyst Medical, Inc. filed by Claude Preston. (Evans, Adam) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 16 PARTIAL MOTION to Dismiss Plas First Amended Complaint by AngioDynamics, Inc., Navilyst Medical, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Robinson, D.) Modified text on 6/25/2024 (TDA). [Transferred from Kentucky Eastern on 10/15/2024.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #8 PARTIAL MOTION to Dismiss by AngioDynamics, Inc., Navilyst Medical, Inc. (RCB) [Transferred from Kentucky Eastern on 10/15/2024.] |
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Filing 15
ORDER: 1. Within 30 days, parties shall meet to consider topics Rule 26(f)(2) mandates. 2. Within 14 days of meeting, parties shall file a joint status report containing: a-d. Signed by Magistrate Judge Edward B. Atkins on 6/11/2024. (RCB) cc: COR [Transferred from Kentucky Eastern on 10/15/2024.]
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| Filing 14 AMENDED COMPLAINT against All Defendants, filed by Claude Preston.(Evans, Adam) [Transferred from Kentucky Eastern on 10/15/2024.] |
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Filing 13
ORDER: Movant Amy McVeigh's Motion for Admission Pro Hac Vice (R. #11 ) and Movant Thomas J. Yoo's Motion for Admission Pro Hac Vice (R. #12 ) are GRANTED and Amy McVeigh and Thomas J. Yoo be and are admitted to practice pro hac vice for all purposes. Signed by Magistrate Judge Edward B. Atkins on 5/28/2024. (TDA) cc: COR [Transferred from Kentucky Eastern on 10/15/2024.]
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| Filing 12 MOTION for Thomas J. Yoo to Appear Pro Hac Vice by AngioDynamics, Inc., Navilyst Medical, Inc. ( Filing fee $125; receipt number AKYEDC-5845992)Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Robinson, D.) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 11 MOTION for Amy McVeigh to Appear Pro Hac Vice by AngioDynamics, Inc., Navilyst Medical, Inc. ( Filing fee $125; receipt number AKYEDC-5845980)Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Robinson, D.) [Transferred from Kentucky Eastern on 10/15/2024.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #11 MOTION for Amy McVeigh to Appear Pro Hac Vice by AngioDynamics, Inc., Navilyst Medical, Inc. ( Filing fee $125; receipt number AKYEDC-5845980). (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
| BAR STATUS Check completed as to Thomas J. Yoo re #12 MOTION for Thomas J. Yoo to Appear Pro Hac Vice by AngioDynamics, Inc., Navilyst Medical, Inc. ( Filing fee $125; receipt number AKYEDC-5845992). (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
| BAR STATUS Check completed as to Amy McVeigh re #11 MOTION for Amy McVeigh to Appear Pro Hac Vice by AngioDynamics, Inc., Navilyst Medical, Inc. ( Filing fee $125; receipt number AKYEDC-5845980). (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Attorney Update. Attorney Amy McVeigh & Thomas J. Yoo added for AngioDynamics, Inc. & Navilyst Medical, Inc., per DE #11 & #12. (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #12 MOTION for Thomas J. Yoo to Appear Pro Hac Vice by AngioDynamics, Inc., Navilyst Medical, Inc. ( Filing fee $125; receipt number AKYEDC-5845992). (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 10 FRCP 7.1 DISCLOSURE STATEMENT by Navilyst Medical, Inc. identifying wholly owned subsidiary Navilyst Medical Holdings, Inc. and later merged into AngioDynamics, Inc. FILED pursuant to QC re DE #8 . (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 9 FRCP 7.1 DISCLOSURE STATEMENT by AngioDynamics, Inc. FILED pursuant to QC re DE #8 . (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 8 PARTIAL MOTION to Dismiss by AngioDynamics, Inc., Navilyst Medical, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Attachment 7.1 Corporate Disclosure Angiodynamics, #4 Attachment 7.1 Corporate Disclosure Navilyst)(Robinson, D.) Modified text on 5/20/2024 (TDA). [Transferred from Kentucky Eastern on 10/15/2024.] |
| Attorney Update. Attorney Lori E. Hammond added for AngioDynamics and Navilyst Medical, Inc., per DE #8. (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 7 WAIVER OF SERVICE Returned Executed by Claude Preston. All Defendants. (Attachments: #1 Executed Waiver of Service - Navilyst Medical, Inc.)(Evans, Adam) [Transferred from Kentucky Eastern on 10/15/2024.] |
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Filing 6
ORDER: Movant Adam M. Evans's Motion for Admission Pro Hac Vice #5 is GRANTED and Adam M. Evans is admitted to practice pro hac vice for all purposes in above-styled action. Signed by Magistrate Judge Edward B. Atkins on 3/27/2024. (RCB) cc: COR [Transferred from Kentucky Eastern on 10/15/2024.]
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| Filing 5 MOTION for Adam M Evans to Appear Pro Hac Vice by Claude Preston ( Filing fee $125; receipt number AKYEDC-5798684)Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Davis, Alex) Modified text on 3/22/2024 (TDA). [Transferred from Kentucky Eastern on 10/15/2024.] |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #5 MOTION for Adam M Evans to Appear Pro Hac Vice by Claude Preston. ( Filing fee $125; receipt number AKYEDC-5798684). (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
| BAR STATUS Check completed as to Adam M. Evans re #5 MOTION for Adam M Evans to Appear Pro Hac Vice by Claude Preston. ( Filing fee $125; receipt number AKYEDC-5798684). (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Filing 4 NOTICE TO ATTORNEY Adam M. Evans by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
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Filing 3
STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier. (TDA)cc: COR [Transferred from Kentucky Eastern on 10/15/2024.]
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| Filing 1 COMPLAINT (NO PROCESS REQUESTED). (Filing fee $405; receipt number AKYEDC-5795919), filed by Claude Preston. (Attachments: #1 Civil Cover Sheet) (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
| Conflict Check run. (TDA) [Transferred from Kentucky Eastern on 10/15/2024.] |
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