Patton-Ashley v. Abbott Laboratories, Inc. et al
| Octavia Patton-Ashley |
| Abbott Laboratories, Inc., Mead Johnson & Company LLC and Mead Johnson Nutrition Company |
| 1:2022cv01520 |
| June 17, 2022 |
| US District Court for the District of Colorado |
| William J Martinez |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 10 Interdistrict Transmittal of Documents via e-mail to Northern District of Illinois, Eastern Division at InterdistrictTransfer_ILND@ilnd.uscourts.gov to become part of MDL No. 3026. Text Only Entry. (sphil, ) |
| Filing 9 CERTIFIED COPY OF CTO-10 from the Judicial Panel on Multidistrict Litigation pursuant to 28 USC 1407, transferring from District of Colorado, 22-cv-01520-WJM, to Northern District of Illinois, Eastern Division, to become part of MDL 3026, by Clerk on 7/12/2022. (sphil, ) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Octavia Patton-Ashley. Abbott Laboratories, Inc. waiver sent on 6/28/2022, answer due 8/27/2022. (Martin, Ben) |
Filing 7
ORDER: This matter is before the Court on Plaintiff's Response to the Court's Sua Sponte Motion [sic] to Show Cause Concerning the Court's Subject-Matter Jurisdiction over Plaintiff's Claims #6 : 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 6/30/2022. Text Only Entry (wjmsec, )
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| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE re 4 by Plaintiff Octavia Patton-Ashley. (Attachments: #1 Exhibit A)(Martin, Ben) |
| Filing 5 AMENDED COMPLAINT against Abbott Laboratories, Inc., Mead Johnson & Company LLC, Mead Johnson Nutrition Company, filed by Octavia Patton-Ashley. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Martin, Ben) |
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Filing 4
DISCHARGED ORDER TO SHOW CAUSE returnable June 30, 2022. The Court has a duty to sua sponte consider its subject-matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Plaintiff's Complaint alleges that the Court has jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. Defendant Mead Johnson & Company LLC, is identified as a limited liability company. The Court must consider the citizenship of all members of the LLC in determining whether diversity jurisdiction exists. See Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1237 (10th Cir. 2015) ("only those state-created entities that are corporations, in the traditional understanding of that word, will be treated as a person for purposes of diversity jurisdiction"). As Plaintiff is invoking jurisdiction of the federal court, it bears the burden of establishing that jurisdiction is proper. Merida Delgado v. Gonzales, 428 F.3d 916, 919 (10th Cir. 2005). As filed, Plaintiff's Complaint is deficient in that, it fails to establish the citizenship of every member of Defendant Mead Johnson & Company LLC. Further, the Court notes that Plaintiff's Complaint only lists the addresses of the registered agents for each Defendant. Per 28 U.S.C. 1332(c)(1), "a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business." Listing the registered agents' addresses is not sufficient to determine the citizenship of the Defendants, such that the Court may determine whether it has diversity jurisdiction. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE no later than June 30, 2022 as to why the Court should not dismiss this action sua sponte based on its failure to allege sufficient facts to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 6/24/2022. Text Only Entry (wjmsec, ) Modified on 6/30/2022 to discharge pursuant to 7 Order (trvo, ).
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Magistrate Judge Consent Form) (norlin, ) |
| Filing 2 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry (norlin, ) |
| Filing 1 COMPLAINT against Abbott Laboratories, Inc., MEAD JOHNSON & COMPANY, LLC, Mead Johnson Nutrition Company (Filing fee $ 402,Receipt Number ACODC-8512843)Attorney Ben C. Martin added to party Octavia Patton-Ashley(pty:pla), filed by Octavia Patton-Ashley. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Proposed Summons, #3 Summons Proposed Summons, #4 Summons Proposed Summons)(Martin, Ben) |
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