Milardo v. Smith & Nephew, Inc.
| Louis M. Milardo |
| Smith & Nephew, Inc. |
| 3:2025cv00072 |
| January 14, 2025 |
| U.S. District Court for the District of Connecticut |
| Thomas O Farrish |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| None |
Docket Report
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This docket was last retrieved on March 14, 2025. A more recent docket listing may be available from PACER.
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Filing 28
ORDER TO SHOW CAUSE. The defendant filed a motion to dismiss on February 20, 2025. (ECF No. 21.) Pursuant to Local Rule 7(a)(2), the plaintiff's opposition memorandum was therefore due to be filed on or before March 13, 2025. To date, the plaintiff has filed no such opposition, nor has he filed a motion for extension of time pursuant to Local Rule 7(b). The Court reminds the plaintiff that "failure to submit a memorandum in opposition to a motion may be deemed sufficient cause to grant the motion, except where the pleadings provide sufficient grounds to deny the motion." D. Conn. L. Civ. R. 7(a)(2).If the plaintiff would oppose the granting of the motion, he is hereby ORDERED TO SHOW CAUSE by March 18, 2025, why the Court should accept and consider any late-filed opposition memorandum. It is so ordered. Signed by Judge Thomas O. Farrish on 3/14/25.(Wood, R.)
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Filing 27
SCHEDULING ORDER: Discovery due by 12/31/2025, Dispositive Motions due by 2/4/2026, Status Report due by 6/2/2025, 10/2/2025, and 1/9/2026, Trial Brief due by 3/4/2026. Please read the attached order carefully; although the Court has generally adopted the scheduling proposal in the parties' Rule 26(f) report, the order contains custom elements. Signed by Judge Thomas O. Farrish on 3/3/25.(Wood, R.)
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| Filing 26 REPORT of Rule 26(f) Planning Meeting. (Lyons, Thomas) |
| Filing 25 EXHIBIT Ex 3 - S028 PMA Supplement re Label Change - 2015 by Smith & Nephew, Inc.. (Lyons, Thomas) |
| Filing 24 EXHIBIT Ex 2 - Class 2 Device Recall Smith Nephew BI._ by Smith & Nephew, Inc. re #22 Memorandum in Support of Motion, #21 MOTION to Dismiss . (Lyons, Thomas) |
| Filing 23 EXHIBIT Ex 1 - P040033A May 9, 2006 approval letter by Smith & Nephew, Inc. re #22 Memorandum in Support of Motion, #21 MOTION to Dismiss . (Lyons, Thomas) |
| Filing 22 Memorandum in Support re #21 MOTION to Dismiss filed by Smith & Nephew, Inc.. (Lyons, Thomas) |
| Filing 21 MOTION to Dismiss by Smith & Nephew, Inc..Responses due by 3/13/2025 (Lyons, Thomas) |
| Filing 20 NOTICE of Appearance by Terri Steinhaus Reiskin on behalf of Smith & Nephew, Inc. (Reiskin, Terri) |
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Filing 19
ORDER granting #17 Motion to Appear Pro Hac Vice for Attorney Terri S. Reiskin. Signed by Clerk on 1/28/25. (Wood, R.)
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| Filing 18 AFFIDAVIT Signed By Terri S. Reiskin filed by Smith & Nephew, Inc.. (Attachments: #1 List of Federal Ct Admissions TSR of Affidavit of Atty. Terri S. Reiskin, #2 Reiskin Certificate of Good Standing of Affidavit of Atty. Terri S. Reiskin)(Lyons, Thomas) |
| Filing 17 MOTION for Attorney(s) Terri S. Reiskin to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-8041175) by Smith & Nephew, Inc.. (Lyons, Thomas) |
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Filing 16
ORDER granting #12 Motion for Extension of Time, notwithstanding the defendant's non-compliance with Local Rule 7(b)(3), in light of the plaintiff's consent. The defendant shall file a responsive pleading to the plaintiff's complaint by February 20, 2025. It is so ordered. Signed by Judge Thomas O. Farrish on 1/22/2025. (Higgins, J)
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| Filing 15 Consent and Transfer to Jurisdiction by U.S. Magistrate Judge. Case reassigned to Magistrate Judge Thomas O. Farrish. This matter has been transferred to a magistrate judge. All non-efiled submissions should be filed at the seat of court where the magistrate judge presides. The case number will remain the same, but must be followed by the magistrate judge's initials TOF. Signed by District Judge Sarah F. Russell on 1/22/25. This corrects #14 which was entered in error. (Pesta, J.) |
| Filing 14 ENTERED IN ERROR: Consent and Transfer to Jurisdiction by U.S. Magistrate Judge. Case reassigned to Magistrate Judge Maria E. Garcia. This matter has been transferred to a magistrate judge. All non-efiled submissions should be filed at the seat of court where the magistrate judge presides. The case number will remain the same, but must be followed by the magistrate judge's initials. Signed by District Judge Sarah F. Russell on 1/22/2025.(Imbriani, S) Modified on 1/22/2025 (Pesta, J.). |
| Filing 13 Consent to Magistrate Judge Jurisdiction by Smith & Nephew, Inc. (Lyons, Thomas) |
| Filing 12 MOTION for Extension of Time until February 20, 2025 to file responsive pleading to Plaintiff's Complaint dated December 13, 2024 Complaint by Smith & Nephew, Inc.. (Lyons, Thomas) |
| Filing 11 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 #10 Notice of Option to Consent to Magistrate Judge Jurisdiction, #3 Notice (Other) filed by Smith & Nephew, Inc., #9 Standing Protective Order, 6 Notice re: Disclosure Statement, #7 Order on Pretrial Deadlines, #4 Disclosure Statement filed by Smith & Nephew, Inc., #2 Notice of Appearance filed by Smith & Nephew, Inc., #5 Notice (Other) filed by Smith & Nephew, Inc., #1 Notice of Removal, filed by Smith & Nephew, Inc., #8 Electronic Filing Order Signed by Clerk on 1/15/2025. (Attachments: #1 Removal Standing Order) (Oliver, T.) |
| Filing 10 Notice of Option to Consent to Magistrate Judge Jurisdiction. (Oliver, T.) |
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Filing 9
Standing Protective Order Signed by District Judge Sarah F. Russell on 1/14/2025. (Oliver, T.)
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Filing 8
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by District Judge Sarah F. Russell on 1/14/2025. (Oliver, T.)
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Filing 7
Order on Pretrial Deadlines: Amended Pleadings due by 3/17/2025 Discovery due by 7/16/2025 Dispositive Motions due by 8/20/2025 Signed by Clerk on 1/14/2025. (Oliver, T.)
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| Filing 6 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 1/14/25.(Hushin, Z.) |
| District Judge Sarah F. Russell and Judge Thomas O. Farrish added. (Oliver, T.) |
| Filing 5 NOTICE by Smith & Nephew, Inc. Statement of Compliance (Lyons, Thomas) |
| Filing 4 Disclosure Statement Corporate Disclosure by Smith & Nephew, Inc.. (Lyons, Thomas) |
| Filing 3 NOTICE by Smith & Nephew, Inc. Notice of No Pending Motions (Lyons, Thomas) |
| Filing 2 NOTICE of Appearance by Thomas N. Lyons on behalf of Smith & Nephew, Inc. (Lyons, Thomas) |
| Filing 1 NOTICE OF REMOVAL by Smith & Nephew, Inc. from Superior Court, Judicial District of Middletown, case number MMX-CV25-6044003-S. Filing fee $ 405 receipt number ACTDC-8030803, filed by Smith & Nephew, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lyons, Thomas) Modified on 1/15/2025 to add state court info (Hushin, Z.). |
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| Plaintiff: Louis M. Milardo | |
| Represented By: | Jeffrey M. Cooper |
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| Defendant: Smith & Nephew, Inc. | |
| Represented By: | Thomas N. Lyons |
| Represented By: | Terri Steinhaus Reiskin |
| Represented By: | Terri Steinhaus Reiskin |
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