Mangiardi v. Philips North America LLC et al
| Jesse A. Mangiardi |
| Philip North America LLC, BioTelemetry, Inc. and Philips North America LLC |
| 3:2023cv01417 |
| October 27, 2023 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| Michael P Shea |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Defendant |
Docket Report
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| Case remanded to State Court Judicial District of Hartford. (Johnson, D.) |
| 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 (Johnson, D.) |
Filing 23
ORDER. The parties have filed a stipulation stating that damages will not exceed $75,000 in this action, ECF No. 21, and a stipulation to remand the case to state court, ECF No. 22. As such, the Court REMANDS this case to state court. The Clerk is directed to close this case. Signed by Judge Michael P Shea on 11/16/2023. (Bassali, David)
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| Filing 22 STIPULATION re #21 Stipulation to Remand by BioTelemetry, Inc., Philips North America LLC. (Guzzo, Hannah) |
| Filing 21 STIPULATION to Cap on Damages by BioTelemetry, Inc., Philips North America LLC. (Guzzo, Hannah) |
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Filing 20
ORDER. Defendant Philips North America LLC ("Philips") has removed this case from state court. ECF No. 1. Plaintiff moves to remand the action to state court, arguing that the Court lacks jurisdiction under 28 U.S.C. 1332(a) because the amount in controversy does not exceed $75,000. ECF No. 19. Where it is unclear whether the jurisdictional amount in controversy is satisfied, a plaintiff may secure remand by stipulating that the damages he seeks are less than the jurisdictional amount in controversy (thus clarifying the amount in controversy). See, e.g., Luce v. Kohl's Dep't Stores, Inc., 23 F. Supp. 3d 82, 85-86 (D. Conn. 2014) (remanding slip-and-fall suit that pleaded damages in excess $15,000 based on a stipulation that damages would not exceed $75,000, because "the stipulation does no more than evidentially clarify an amount in controversy that is otherwise ambiguous."). Thus, if Plaintiff files a signed stipulation that he will not seek more than $75,000 in his claims against the defendants within 14 days of the entry of this order, the Court will grant Plaintiff's motion to remand to state court. Signed by Judge Michael P. Shea on 11/6/2023. (Bassali, David)
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| Answer deadline updated for BioTelemetry, Inc. to 12/3/2023; Philips North America LLC to 12/3/2023. (Johnson, D.) |
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Filing 17
ORDER. The #16 Motion for Extension of Time is GRANTED. Defendants will file a responsive pleading by December 3, 2023. Signed by Judge Michael P. Shea on 11/2/2023. (Bassali, David)
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| Filing 19 OBJECTION re #1 Notice of Removal, MOTION to Dismiss and MOTION for Cost by Jesse A. Mangiardi. Responses due by 11/22/2023. (Peterson, M) |
| Filing 18 Appearance Self Represented Party by Jesse A. Mangiardi (Peterson, M) |
| Filing 16 MOTION for Extension of Time until 12/03/2023 to Respond to Plaintiff's Complaint by BioTelemetry, Inc., Philips North America LLC. (Guzzo, Hannah) |
| Filing 15 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 #12 Order on Pretrial Deadlines, #7 Notice (Other) filed by Philips North America LLC, BioTelemetry, Inc., #13 Electronic Filing Order, 11 Notice re: Disclosure Statement, #1 Notice of Removal, filed by Philips North America LLC, BioTelemetry, Inc., #5 Jury Demand filed by Philips North America LLC, BioTelemetry, Inc., #8 Disclosure Statement filed by Philips North America LLC, #4 Notice of Appearance filed by Philips North America LLC, BioTelemetry, Inc., #10 Notice of Appearance filed by Philips North America LLC, BioTelemetry, Inc., #3 Notice (Other) filed by Philips North America LLC, BioTelemetry, Inc., #9 Disclosure Statement filed by BioTelemetry, Inc., #14 Protective Order, #2 Notice (Other) filed by Philips North America LLC, BioTelemetry, Inc., #6 Notice (Other) filed by Philips North America LLC, BioTelemetry, Inc. Signed by Clerk on 10/31/2023. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M) |
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Filing 14
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 10/27/2023. (Peterson, M)
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Filing 13
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 10/27/2023. (Peterson, M)
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Filing 12
Order on Pretrial Deadlines: Amended Pleadings due by 12/26/2023. Discovery due by 4/27/2024. Dispositive Motions due by 6/1/2024. Signed by Clerk on 10/27/2023. (Peterson, M)
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| Filing 11 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 10/27/2023.(Anastasio, F.) |
| Judge Michael P. Shea and Judge Thomas O. Farrish added. (Freberg, B) |
| Filing 10 NOTICE of Appearance by Hannah Guzzo on behalf of BioTelemetry, Inc., Philip North America LLC (Guzzo, Hannah) |
| Filing 9 Disclosure Statement Corporate by BioTelemetry, Inc. identifying Corporate Parent Philips North America LLC for BioTelemetry, Inc.. (Vossler, Christopher) |
| Filing 8 Disclosure Statement Corporate by Philip North America LLC. (Vossler, Christopher) |
| Filing 7 NOTICE by BioTelemetry, Inc., Philip North America LLC re #1 Notice of Removal, Notice to Counsel Re Local Rule 5(b) (Vossler, Christopher) |
| Filing 6 NOTICE by BioTelemetry, Inc., Philip North America LLC re #1 Notice of Removal, Compliance with Standing Order (Vossler, Christopher) |
| Filing 5 DEMAND for Trial by Jury by BioTelemetry, Inc., Philip North America LLC. (Vossler, Christopher) |
| Filing 4 NOTICE of Appearance by Christopher M. Vossler on behalf of BioTelemetry, Inc., Philip North America LLC (Vossler, Christopher) |
| Filing 3 NOTICE by BioTelemetry, Inc., Philip North America LLC re #1 Notice of Removal, Notice of Pending Motions (Vossler, Christopher) |
| Filing 2 NOTICE by BioTelemetry, Inc., Philip North America LLC re #1 Notice of Removal, Certificate of Filing and Service of Notice of Removal (Attachments: #1 Notice of Removal(Superior Court))(Vossler, Christopher) |
| Filing 1 NOTICE OF REMOVAL by Philip North America LLC, BioTelemetry, Inc. from Hartford Superior Court, case number HHD-CV-23-6174751-S. Filing fee $ 402 receipt number ACTDC-7530587, filed by Philip North America LLC, BioTelemetry, Inc.. (Attachments: #1 Summons and Complaint)(Vossler, Christopher) |
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