Diebert v. Abbott Laboratories, Inc.
| Taylor Diebert |
| Abbott Laboratories, Inc. doing business as Abbott Nutrition |
| 1:2022cv01114 |
| May 5, 2022 |
| US District Court for the District of Colorado |
| Robert E Blackburn |
| S Kato Crews |
| William J Martinez |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 10, 2022. A more recent docket listing may be available from PACER.
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Filing 17
ORDER Adopting May 25, 2022 16 Recommendation of United States Magistrate Judge. This case is ADMINISTRATIVELY CLOSED pending a transfer decision by the Judicial Panel on Multidistrict Litigation. Should the transfer motion be denied or terminated without a decision, the parties may file a motion to reopen this matter and Defendant may have 30 days from the date of that determination to answer or otherwise respond to the Complaint. ORDERED by Judge William J. Martinez on 6/10/2022. (angar, )
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| Filing 16 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #12 Joint MOTION to Stay Action Pending Ruling by the Judicial Panel on Multidistrict Litigation filed by Abbott Laboratories, Inc. Having reviewed the Joint Motion, the Court concludes there is good cause to stay this case pending a transfer decision by the Judicial Panel on Multidistrict Litigation. Consequently, the Court RECOMMENDS this case be administratively closed. Should the transfer motion be denied or terminated without a decision, the parties may file a motion to reopen this matter and Defendant may have 30 days from the date of that determination to answer or otherwise respond to the Complaint. By Magistrate Judge S. Kato Crews on 2/25/2022. Text Only Entry (skclc1) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Taylor Diebert(individually). Abbott Laboratories, Inc. waiver sent on 5/12/2022, answer due 7/11/2022. (Richards, Robert) |
| Filing 14 MEMORANDUM regarding #12 Joint MOTION to Stay Action Pending Ruling by the Judicial Panel on Multidistrict Litigation filed by Abbott Laboratories, Inc.. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 5/23/2022. Text Only Entry (wjmsec, ) |
| Filing 13 NOTICE of Entry of Appearance by Michael Lawrence O'Donnell on behalf of Abbott Laboratories, Inc.Attorney Michael Lawrence O'Donnell added to party Abbott Laboratories, Inc.(pty:dft) (O'Donnell, Michael) |
| Filing 12 Joint MOTION to Stay Action Pending Ruling by the Judicial Panel on Multidistrict Litigation by Defendant Abbott Laboratories, Inc.. (Choe, Michele) |
| Filing 11 AMENDED COMPLAINT against Abbott Laboratories, Inc., filed by Taylor Diebert(individually).(Richards, Robert) |
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Filing 10
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2021 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 5/ 19/2022. Text Only Entry (wjmsec, )
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Filing 9
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 5/19/2022. Text Only Entry (wjmsec, )
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Filing 8
ORDER: This matter is before the Court on Plaintiff's Response to the Court's May 13, 2022 Order to Show Cause Related to Diversity Jurisdiction #7 : Based on its review of Plaintiff's Response, the Court is satisfied it has diversity jurisdiction over this action pursuant to 28 U.S.C. 1332. As a consequence, the Order to Show Cause is DISCHARGED. SO ORDERED by Judge William J. Martinez on 5/19/2022. Text Only Entry (wjmsec, )
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| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE re 5 by Plaintiff Taylor Diebert. (Richards, Robert) |
| Filing 6 NOTICE of Filing Redlined Version of Amended Pleading re #1 Complaint, by Plaintiff Taylor Diebert (Attachments: #1 Exhibit A)(Richards, Robert) Modified on 5/26/2022 to add text (trvo, ). |
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Filing 5
DISCHARGED ORDER TO SHOW CAUSE returnable May 18, 2022. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Plaintiff claims jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. The Court "must rigorously enforce Congress' intent to restrict federal jurisdiction in controversies between citizens of different states." Martin v. Franklin Capital Corp., 251 F.3d 1284, 1289 (10th Cir. 2001) abrogated on other grounds by Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547 (2014)). Plaintiff's Complaint lacks any factual allegations which plausibly allege that the amount in controversy exceeds $75,000. See 28 U.S.C. 1332(a). Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, by May 18, 2022, as to why the Court should not on its own motion dismiss this action based on Plaintiff's failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 5/13/2022. Text Only Entry (wjmsec, ) Modified on 5/20/2022 to discharge pursuant to 8 Order (trvo, ).
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| Filing 4 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 22-cv-01114-WJM. (athom, ) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (tgall, ) |
| Filing 2 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (tgall, ) |
| Filing 1 COMPLAINT against Abbott Laboratories, Inc. (Filing fee $ 402,Receipt Number ACODC-8442761)Attorney Robert Jason Richards added to party TAYLOR DIEBERT(pty:pla), filed by TAYLOR DIEBERT. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Richards, Robert) |
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| Plaintiff: Taylor Diebert | |
| Represented By: | Robert Jason Richards |
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| Defendant: Abbott Laboratories, Inc. doing business as Abbott Nutrition | |
| Represented By: | Michael Lawrence O'Donnell |
| Represented By: | Michele On-Ja Choe |
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