Grasso v. C R Bard Incorporated et al
| Christopher Grasso |
| C R Bard Incorporated and Bard Peripheral Vascular, Inc. |
| 3:2020cv00420 |
| March 26, 2020 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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Filing 14
ORDER. The #1 complaint does not state an adequate basis for the Court's subject matter jurisdiction. "If subject matter jurisdiction is lacking and no party has called the matter to the court's attention, the court has the duty to dismiss the action sua sponte." Durant, Nichols, Houston, Hodgson & Cortese-Costa P.C. v. Dupont, 565 F.3d 56, 62 (2d Cir. 2009). Plaintiff asserts that the Court has jurisdiction over this case on the basis of diversity of citizenship. ECF No. 1 at 2. But the Complaint fails to allege Mr. Grasso's citizenship. For individual parties, a complaint must allege either citizenship or domicile (from which the Court can infer citizenship). Alleging only residence is insufficient. See Leveraged Leasing Admin. Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44, 46 (2d Cir. 1996) ("Because the complaint alleges only the residence, and not the citizenship, of some of the plaintiffs, we cannot determine whether diversity jurisdiction exists."); see also John Birch Soc. v. National Broadcasting Co., 377 F.2d 194, 199 (2d Cir. 1967) ("[I]t has long been held that a statement of residence, unlike domicile, tells the court only where the parties are living and not of which state they are citizens."). Because the #1 complaint fails to state an adequate basis for the Court's jurisdiction, the Plaintiff is ordered to file a statement of citizenship within 14 days. If the Plaintiff fails to do so, this case will be dismissed for lack of subject matter jurisdiction. Signed by Judge Michael P. Shea on 4/13/2020. (Karpman, Michael)
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| Filing 13 NOTICE of Appearance by Patrick Thomas Uiterwyk on behalf of Bard Peripheral Vascular, Inc., C R Bard Incorporated (Uiterwyk, Patrick) |
| Filing 12 Notice to counsel in transferred case Signed by Clerk on 03/30/2020. (Peterson, M) |
| Filing 11 NOTICE: ANY MOTIONS PENDING AT THE TIME OF TRANSFER MUST BE REFILED IN OUR DISTRICT. Signed by Clerk on 03/26/2020 (Peterson, M) |
| Filing 10 NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 03/26/2020. (Peterson, M) |
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Filing 9
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 03/26/2020. (Peterson, M)
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Filing 8
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 03/26/2020. (Peterson, M)
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Filing 7
Order on Pretrial Deadlines: Amended Pleadings due by 5/25/2020. Discovery due by 9/25/2020. Dispositive Motions due by 10/30/2020. Signed by Clerk on 03/26/2020. (Peterson, M)
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| Filing 6 Case electronically transferred in from District of Arizona; Case Number 2:18-cv-03411. |
| REMARK: Case Transferred to the District of Connecticut via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
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Filing 5
SECOND AMENDED SUGGESTION OF REMAND AND TRANSFER ORDER (THIRD). See Order for Details. Signed by Senior Judge David G Campbell on 3/20/20. [Amending to Remove Case: Lisa Riley v. C. R. Bard, Inc., 2:18-cv-00896-NV from page 25 of Schedule B] (MAP)
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Filing 4
AMENDED SUGGESTION OF REMAND AND TRANSFER ORDER (THIRD). See Order for Details. Signed by Senior Judge David G Campbell on 3/6/20. (MAP)
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Filing 3
SUGGESTION OF REMAND AND TRANSFER ORDER. (Third) See Order for Complete Details. Signed by Senior Judge David G Campbell on 3/4/20. (MAP)
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| Filing 2 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Christopher Grasso. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16107311 filed by Christopher Grasso.(MAP) |
| This case has been assigned to the Honorable David G. Campbell, with member case number: CV-18-3411-PHX-DGC. This case is included in MDL-2641. All future pleadings or documents should be filed in the Lead Case: 2:15-md-2641-DGC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
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