Pratt v. Bayer Corporation et al
| Jennifer Pratt |
| Bayer Healthcare Pharmaceuticals, Inc, Bayer Healthcare LLC and Bayer Corporation |
| 3:2019cv01310 |
| August 23, 2019 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Set Deadlines as to #16 MOTION to Dismiss . Responses due by 11/19/2019 (Johnson, D.) |
Filing 24
ORDER. The #23 motion for extension is GRANTED. The Plaintiff's response to the Defendant's motion to dismiss will be due November 19, 2019. The Court is unlikely to extend this deadline further.Signed by Judge Michael P. Shea on 10/18/2019. (Karpman, Michael)
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| Filing 23 Second MOTION for Extension of Time until November 20, 2019 Amend Complaint/Object by Jennifer Pratt. (Carnabuci, Andrew) |
| Set Deadlines as to #16 MOTION to Dismiss . Responses due by 10/20/2019 (Johnson, D.) |
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Filing 22
ORDER. The plaintiff's #21 motion for extension of time until October 20, 2019 to respond to the #16 motion to dismiss is GRANTED.Signed by Judge Michael P. Shea on 9/19/2019. (Hausmann, Amy)
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| Filing 21 First MOTION for Extension of Time until 10/20/2019Plaintiff's Objection to Motion to Dismiss by Jennifer Pratt. (Sarris, Alexander) |
| Filing 20 CERTIFICATE OF GOOD STANDING re #15 MOTION for Attorney(s) Erica L. Maley to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5419535) by Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals, Inc. (Smith, Kevin) |
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Filing 19
ORDER. Defendants have filed a #16 motion to dismiss. On or before September 20, 2019, Plaintiff shall either file a response to the motion or file an amended complaint in which she pleads as many facts as possible, consistent with Rule 11, to address the alleged defects discussed in Defendants' [16-1] memorandum of law. The Court will not allow further amendments after September 20, 2019. If Plaintiff chooses to amend and if Defendants renew their motion to dismiss, Defendants may incorporate by reference any prior briefing. Signed by Judge Michael P. Shea on 9/3/2019. (Hausmann, Amy)
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Filing 18
ORDER. The #15 motion to be admitted pro hac vice is GRANTED. Certificate of Good Standing due by 11/2/2019. Signed by Judge Michael P. Shea on 9/3/2019. (Hausmann, Amy)
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| Set Deadlines as to #16 MOTION to Dismiss .(Responses due by 9/20/2019, ), or ( Amended Complaint due by 9/20/2019) (Johnson, D.) |
| Filing 17 NOTICE by Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals, Inc re 14 Order,,,, Supplemental Statement Regarding Citizenship of Plaintiff (Smith, Kevin) |
| Filing 16 MOTION to Dismiss by Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals, Inc.Responses due by 9/20/2019 (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit A to Memorandum in Support, #3 Exhibit B to Memorandum in Support, #4 Exhibit C to Memorandum in Support, #5 Exhibit D to Memorandum in Support)(Smith, Kevin) |
| Filing 15 MOTION for Attorney(s) Erica L. Maley to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5419535) by Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals, Inc. (Attachments: #1 Declaration of Erika L. Maley in Support of Pro Hac Vice Admission)(Smith, Kevin) |
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Filing 14
ORDER. The #1 notice of removal states that plaintiff "is a resident of Hartford, Connecticut," (ECF No. 1 at 2) but neither the notice nor the plaintiff's state-court complaint makes any allegations regarding plaintiff's citizenship, which is different from mere residence. To be a citizen of a state for the purposes of diversity jurisdiction, an individual "must both be a citizen of the United States and be domiciled within the State." Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 828 (1989). Defendants, as the removing party, "[bear] the burden of establishing that the requirements for diversity jurisdiction [are] met." Mehlenbacher v. Akzo Nobel Salt, Inc., 216 F.3d 291, 296 (2d Cir. 2000). Therefore, defendants shall file within 14 days a statement on the docket alleging the citizenship of plaintiff for the purposes of diversity jurisdiction; if they cannot do so, they may take limited discovery aimed at identifying the citizenship of the plaintiff. Signed by Judge Michael P. Shea on 8/26/2019. (Hausmann, Amy)
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| Filing 13 NOTICE of Appearance by Andrew Brooks Farley Carnabuci on behalf of Jennifer Pratt (Carnabuci, Andrew) |
| Filing 12 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #6 Notice (Other) filed by Bayer Healthcare Pharmaceuticals, Inc, Bayer Corporation, Bayer Healthcare LLC, #4 Notice of Appearance filed by Bayer Healthcare Pharmaceuticals, Inc, Bayer Corporation, Bayer Healthcare LLC, #9 Order on Pretrial Deadlines, #5 Notice of Related Case filed by Bayer Healthcare Pharmaceuticals, Inc, Bayer Corporation, Bayer Healthcare LLC, #10 Electronic Filing Order, #2 Notice (Other) filed by Bayer Healthcare Pharmaceuticals, Inc, Bayer Corporation, #1 Notice of Removal, filed by Bayer Healthcare Pharmaceuticals, Inc, Bayer Corporation, Bayer Healthcare LLC, #7 Corporate Disclosure Statement,,,, filed by Bayer Healthcare Pharmaceuticals, Inc, Bayer Corporation, Bayer Healthcare LLC, #11 Protective Order, #8 Certificate of Service filed by Bayer Healthcare Pharmaceuticals, Inc, Bayer Corporation, Bayer Healthcare LLC, #3 Notice of Appearance filed by Bayer Healthcare Pharmaceuticals, Inc, Bayer Corporation, Bayer Healthcare LLC Signed by Clerk on 08/26/2019. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M) |
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Filing 11
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 08/23/2019. (Peterson, M)
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Filing 10
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 08/23/2019. (Peterson, M)
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Filing 9
Order on Pretrial Deadlines: Amended Pleadings due by 10/22/2019. Discovery due by 2/22/2020. Dispositive Motions due by 3/28/2020. Signed by Clerk on 08/23/2019. (Peterson, M)
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| Filing 8 CERTIFICATE OF SERVICE by Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals, Inc re #1 Notice of Removal, and Certificate of Filing (Smith, Kevin) |
| Filing 7 Corporate Disclosure Statement by Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals, Inc identifying Corporate Parent Bayer Pharma AG, Corporate Parent Bayer World Investments B.V., Corporate Parent Schering Berlin Inc., Corporate Parent Bayer Healthcare Holdings LLC, Corporate Parent Bayer US Holding LP, Corporate Parent Bayer Solution B.V., Corporate Parent Bayer CropScience AG, Corporate Parent NippoNex Inc., Corporate Parent Bayer Medical Care Inc., Corporate Parent Bayer Essure Inc., Corporate Parent Bayer Consumer Care Holdings LLC, Corporate Parent Dr. Scholl's LLC, Corporate Parent Coppertone LLC, Corporate Parent MiraLAX LLC, Corporate Parent Bayer HealthCare US Funding LLC, Corporate Parent Bayer HealthCare Pharmaceuticals Inc., Corporate Parent Bayer East Coast LLC, Corporate Parent Bayer West Coast Coporation, Corporate Parent Bayer US AG & Co. KG, Corporate Parent Bayer US II GmbH & Co. KG, Corporate Parent Bayer Intellectual Property GmbH, Corporate Parent Bayer US IP GmbH, Corporate Parent Bayer Corporation, Corporate Parent Bayer AG, Corporate Parent Bayer Healthcare LLC for Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals, Inc. (Smith, Kevin) |
| Filing 6 NOTICE by Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals, Inc of Pending Motions (Smith, Kevin) |
| Filing 5 NOTICE of Related Case by Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals, Inc (Smith, Kevin) |
| Filing 4 NOTICE of Appearance by David Norman-Schiff on behalf of Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals, Inc (Norman-Schiff, David) |
| Filing 3 NOTICE of Appearance by Kevin M. Smith on behalf of Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Pharmaceuticals, Inc (Smith, Kevin) |
| Filing 2 NOTICE by Bayer Corporation, Bayer Healthcare Pharmaceuticals, Inc, Bayer Healthcare, LLC of Removal Statement (Smith, Kevin) |
| Filing 1 NOTICE OF REMOVAL by Bayer Corporation, Bayer Healthcare, LLC, Bayer Healthcare Pharmaceuticals, Inc. from Connecticut Superior Court - Judicial District of Hartford, case number HHD-CV19-6115464-S. Filing fee $ 400 receipt number ACTDC-5410927, filed by Bayer Corporation, Bayer Healthcare, LLC, Bayer Healthcare Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Kevin) |
| Judge Michael P. Shea added. (Oliver, T.) |
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