Mals v. Smith & Nephew Inc
Plaintiff: Peter Mals
Defendant: Smith & Nephew Inc
Case Number: 3:2019cv01770
Filed: November 11, 2019
Court: US District Court for the District of Connecticut
Presiding Judge: Vanessa L Bryant
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
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This docket was last retrieved on June 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 26, 2019 Filing 15 NOTICE RE: MOTION TO DISMISS. The parties are reminded that the pendency of a motion to dismiss does not automatically stay discovery, except in cases covered by the Private Securities Litigation Reform Act. See Brooks v. Macy's, Inc., No. 10-CIV-5304, 2010 WL 5297756, at *1 (S.D.N.Y. Dec. 21, 2010) (collecting cases), reh'g denied, No. 10-CIV-5304, 2011 WL 1362191 (S.D.N.Y. Apr. 8, 2011); see also Moran v. Flaherty, No. 92-CV-3200, 1992 WL 276913, at *1 (S.D.N.Y. Sept. 25, 1992). The court may enter a stay of discovery in its discretion upon a showing [as distinguished from an assertion] of good cause. Fed. R. Civ. P. 26(c); see also Integrated Sys. & Power, Inc. v. Honeywell Int'l, Inc. , No. 09-CIV-5874, 2009 WL 2777076, at *1 (S.D.N.Y. Sept. 1, 2009); accord Ellington Credit Fund, Ltd. v. Select Portfolio Servs., Inc. , No. 08-CV-2437, 2009 WL 274483, at *1 (S.D.N.Y. Feb. 3, 2009). In determining whether good cause exists, the court considers several factors including: (1) whether a defendant has made a strong showing that the plaintiff's claim is unmeritorious, (2) the breadth of discovery and the burden of responding to it, and (3) the risk of unfair prejudice to the party opposing the stay. Negrete v. Citibank, N.A., No. 15-CV-7250, 2015 WL 8207466, at *1 (S.D.N.Y. Dec. 7, 2015). Other factors include the nature of the case, whether dismissal will resolve the case, effect of dismissal on the scope of discovery, age of the case, complexity of discovery needed, remedy sought, extensions previously granted, parties' diligence, judicial efficiency, and other appropriate factors. Discovery in this case is NOT stayed. Accordingly, any party moving to stay discovery must demonstrate, as oppose to assert, the Court should exercise its discretion to stay the case. Signed by Judge Vanessa L. Bryant on 12/26/2019. (Shafer, J.)
December 20, 2019 Filing 14 MOTION to Dismiss Plaintiff's Complaint by Smith & Nephew Inc.Responses due by 1/10/2020 (Attachments: #1 Memorandum in Support)(Lyons, Thomas)
December 8, 2019 Answer deadline updated to 12/20/2019 per Dkt. 13 Order. (Shafer, J.)
December 8, 2019 Opinion or Order Filing 13 ORDER granting #12 Motion for Extension of Time to respond to Complaint until 12/20/2019. Signed by Judge Vanessa L. Bryant on 12/08/2019. (Nault, James)
December 6, 2019 Filing 12 MOTION for Extension of Time until 12/20/19 Respond to Plaintiff's Complaint by Smith & Nephew Inc. (Lyons, Thomas)
December 6, 2019 Filing 11 NOTICE of Appearance by R. Cornelius Danaher, Jr on behalf of Smith & Nephew Inc (Danaher, R.)
December 6, 2019 Filing 10 Corporate Disclosure Statement by Smith & Nephew Inc identifying Corporate Parent Smith & Nephew PLC for Smith & Nephew Inc. (Lyons, Thomas)
December 6, 2019 Filing 9 NOTICE of Appearance by Thomas N. Lyons on behalf of Smith & Nephew Inc (Lyons, Thomas)
November 26, 2019 Filing 8 SUMMONS Returned Executed by Peter Mals. Smith & Nephew Inc served on 11/14/2019, answer due 12/5/2019. (Harrington, James)
November 12, 2019 Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Smith & Nephew Inc* with answer to complaint due within *21* days. Attorney *James M Harrington* *Polito & Associates, LLC* *567 Vauxhall St. Ext. Suite 230* *Waterford, CT 06385*. (Shafer, J.)
November 12, 2019 Filing 6 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 #2 Order on Pretrial Deadlines, #5 Order Re: Chambers Practices, #4 Standing Protective Order, #1 Complaint filed by Peter Mals, #3 Electronic Filing Order. Signed by Clerk on 11/12/19. (Velez, F.)
November 12, 2019 Request for Clerk to issue summons as to Smith & Nephew Inc. (Harrington, James)
November 11, 2019 Opinion or Order Filing 5 ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 11/11/19. (Velez, F.)
November 11, 2019 Opinion or Order Filing 4 STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 11/11/19. (Velez, F.)
November 11, 2019 Opinion or Order Filing 3 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 11/11/19. (Velez, F.)
November 11, 2019 Opinion or Order Filing 2 Order on Pretrial Deadlines: Amended Pleadings due by 1/10/2020; Discovery due by 5/12/2020; Dispositive Motions due by 6/16/2020. Signed by Clerk on 11/11/19. (Velez, F.)
November 11, 2019 Judge Vanessa L. Bryant added. (Walker, J.)
November 11, 2019 Filing 1 COMPLAINT against Smith & Nephew Inc ( Filing fee $400 receipt number ACTDC-5534139.), filed by Peter Mals. (Attachments: #1 Civil Cover sheet)(Polito, Humbert)

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Defendant: Smith & Nephew Inc
Represented By: R. Cornelius Danaher, Jr.
Represented By: Thomas N. Lyons
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Plaintiff: Peter Mals
Represented By: Humbert J. Polito, Jr.
Represented By: James M Harrington
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