Ortiz v. Cook Incorporated et al
| Francisco Luis Ortiz, Sr. |
| Cook Incorporated, Cook Group, Inc., Cook Medical LLC and Cook Medical Incorporated |
| 3:2021cv00565 |
| April 26, 2021 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 7, 2021. A more recent docket listing may be available from PACER.
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| Acknowledgment of Receipt re: Case Transferred Out - Case transferred from Connecticut has been opened in Southern District of Indiana as case 1:21-cv-06459, filed 06/07/2021. (Oliver, T.) |
| Case electronically transferred to the Southern District of Indiana. (Oliver, T.) |
| Filing 14 MDL Transfer Order. Case transferred to the Southern District of Indiana. Signed by Clerk of the Panel John W. Nichols, MDL Panel on 06/03/2021. (Peterson, M) |
| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Peterson, M) |
| Filing 13 AMENDED COMPLAINT against All Defendants, filed by Francisco Luis Ortiz, Sr.(Moskow, Neal) |
| Filing 12 SUMMONS Returned Executed by Francisco Luis Ortiz, Sr. Cook Medical LLC served on 5/6/2021, answer due 5/27/2021. (Moskow, Neal) |
| Filing 11 SUMMONS Returned Executed by Francisco Luis Ortiz, Sr. Cook Medical Incorporated served on 5/6/2021, answer due 5/27/2021. (Moskow, Neal) |
| Filing 10 SUMMONS Returned Executed by Francisco Luis Ortiz, Sr. Cook Incorporated served on 5/6/2021, answer due 5/27/2021. (Moskow, Neal) |
| Filing 9 SUMMONS Returned Executed by Francisco Luis Ortiz, Sr. Cook Group, Inc. served on 5/6/2021, answer due 5/27/2021. (Moskow, Neal) |
| Filing 8 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Cook Medical LLC* with answer to complaint due within *21* days. Attorney *Neal Lewis Moskow* *Ury & Moskow* *883 Black Rock Turnpike* *Fairfield, CT 06825*. (Peterson, M) |
| Set Deadlines: Amended Complaint due by 5/11/2021 (Johnson, D.) |
Filing 7
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). The citizenship of Defendant Cook Medical, LLC is inadequately pled, preventing the Court from verifying that it has subject matter jurisdiction over this case. More specifically, the Complaint alleges only that Cook Medical LLC is an Indiana limited liability company authorized and/or doing business in Connecticut. But for limited liability companies, citizenship is determined by the citizenship of its members, not their place of organization, principal place of business, or where they are authorized to do business. See Handelsman v. Bedford Vill. Assocs. Ltd. P'ship, 213 F.3d 48, 51-52 (2d Cir. 2000) ("[F]or purposes of diversity jurisdiction, a limited liability company has the citizenship of its members.") (internal citation omitted). The Complaint must thus allege the identity and citizenship of each member. Moreover, if any of these members is itself an LLC, the Complaint must allege the identity and citizen of each of its members, and so on. The Plaintiff is directed to file an amended Complaint that states an adequate basis for this Court's jurisdiction no later than May 11, 2021. Should the plaintiff be unable to obtain the relevant information, it may file a motion to take jurisdictional discovery. Otherwise, this case will be dismissed for lack of subject matter jurisdiction. Signed by Judge Michael P. Shea on 4/27/2021. (Super, John)
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| Request for Clerk to issue summons as to Cook Medical LLC. (Moskow, Neal) |
| Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Cook Group, Inc., Cook Incorporated, Cook Medical Incorporated* with answer to complaint due within *21* days. Attorney *Neal Lewis Moskow* *Ury & Moskow* *883 Black Rock Turnpike* *Fairfield, CT 06825*. (Peterson, M) |
| Filing 5 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 #1 Complaint filed by Francisco Luis Ortiz, Sr., #4 Protective Order, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order Signed by Clerk on 04/26/2021. (Peterson, M) |
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 04/26/2021. (Peterson, M)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 04/26/2021. (Peterson, M)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 6/25/2021. Discovery due by 10/26/2021. Dispositive Motions due by 11/30/2021. Signed by Clerk on 04/26/2021. (Peterson, M)
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| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number ACTDC-6483769.), filed by Francisco Luis Ortiz, Sr.. (Attachments: #1 Civil Cover Sheet)(Moskow, Neal) |
| Request for Clerk to issue summons as to Cook Incorporated. (Moskow, Neal) |
| Request for Clerk to issue summons as to Cook Medical Incorporated. (Moskow, Neal) |
| Judge Michael P. Shea added. (Oliver, T.) |
| Request for Clerk to issue summons as to Cook Group Incorporated. (Moskow, Neal) |
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