Stella v. American Contract Systems, Inc. et al
| VICTORIA STELLA |
| American Contract Systems, Inc., O&M Halyard, Inc., Owens & Minor, Inc., Croci Real Estate, LLC, Leesar, Inc., PHILIP FLEISCHHACKER, Robert Cook and PENNY WALLS |
| 2:2025cv00992 |
| October 31, 2025 |
| U.S. District Court for the Middle District of Florida |
| Kyle C Dudek |
| Nicholas P Mizell |
| P.I.: Other |
| 42 U.S.C. § 1396 - Tort Negligence |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 3, 2026. A more recent docket listing may be available from PACER.
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Filing 70
NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (CTR)
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Filing 69
ORDER granting in part and denying in part #37 Motion to Remand to State Court. The Clerk is DIRECTED to remand this case to state court by transmitting a certified copy of this Order to the Clerk for the Twentieth Judicial Circuit in and for Lee County, Florida. The state-court case was previously captioned 25CA005143. Following remand, the Clerk is directed to deny all pending motions and close the case. Signed by District Judge Kyle C. Dudek on 2/2/2026. (CGW)
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Filing 68
WAIVER of service returned executed on 01/30/26 by Victoria Stella as to Philip Fleischhacker. (Hertz, Eric)
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Filing 67
WAIVER of service returned executed on 01/30/26 by Victoria Stella as to Owens & Minor, Inc.. (Hertz, Eric)
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Filing 66
PROPOSED summons to be issued by Victoria Stella. (Hertz, Eric) (Not issued. Case closed and remanded at #69) Modified on 2/3/2026 (CTR).
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Filing 65
PROPOSED summons to be issued by Victoria Stella. (Hertz, Eric) (Not issued. Case closed and remanded at #69) Modified on 2/3/2026 (CTR).
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Filing 64
CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 5/28/2027 Final Pretrial Conference set for 12/17/2027 at 01:30 PM before District Judge Kyle C. Dudek Jury Trial term 1/3/2028 at 09:00 AM before District Judge Kyle C. Dudek Conduct mediation hearing by 4/29/2027. Lead counsel to coordinate dates. Signed by All Divisional Judges on 1/26/2026. (WRW)
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Filing 62
Minute Entry. In Person Proceedings held before Magistrate Judge Nicholas P. Mizell: RULE 16(b) CONFERENCE held on 1/23/2026. (Digital) (MLD)
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Filing 61
ORDER entering a Rule 502(d) protective order for the reasons discussed during the Rule 16 hearing. Signed by Magistrate Judge Nicholas P. Mizell on 1/23/2026. (RCD)
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Filing 60
REPLY to Response to Motion re #37 MOTION to Remand to State Court and for Award of Attorneys' Fees and Costs filed by Victoria Stella. (Attachments: #1 Exhibit Declaration of Steven P. Combs)(Combs, Steven)
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Filing 59
ENDORSED ORDER granting #58 Plaintiff's Motion for Leave to File a Reply to Defendants' Opposition to Remand. Though opposed, the Court finds that a reply will assist the decisional process. Plaintiff may file a reply, not to exceed 10 pages, by January 22, 2026. Signed by District Judge Kyle C. Dudek on 1/15/2026. (BLW)
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Filing 58
MOTION for Leave to File Reply to Defendants' Opposition to Remand by Victoria Stella. (Combs, Steven)
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Filing 57
MOTION to Dismiss for Lack of Jurisdiction by O&M Halyard, Inc.. (Attachments: #1 Exhibit 1 - O&M Halyard Inc. Certificate of Incorporation, #2 Exhibit 2 - ACS Certificate of Incorporation, #3 Affidavit Declaration of Charles Persby)(Pigman, Heather)
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Filing 56
MOTION to Dismiss for Failure to State a Claim by Penny Walls. (Pigman, Heather)
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Filing 55
MOTION to Dismiss for Failure to State a Claim by Leesar, Inc.. (Nigro, Christopher)
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Filing 54
MOTION to Dismiss for Failure to State a Claim by American Contract Systems, Inc.. (Attachments: #1 Exhibit 1 - Mutz v. Sterigenics US LLC)(Pigman, Heather)
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Filing 53
AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Victoria Stella. Related document: #4 Complaint filed by Victoria Stella.(JVC)
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Filing 52
NOTICE OF RESCHEDULING HEARING: The TELEPHONIC Rule 16(b) Conference scheduled for 1/15/2026 is rescheduled. New scheduling date and time: IN PERSON Rule 16(b) Conference set for 1/23/2026 at 10:30 AM before Magistrate Judge Nicholas P. Mizell. (WRW)
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Filing 51
ENDORSED ORDER denying as moot #12, #15, #18, #28 Motions to Dismiss because Plaintiff was granted leave to amend. (Doc. #50.) Signed by District Judge Kyle C. Dudek on 12/31/2025. (BLW)
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Filing 50
ORDER granting #46 Plaintiff's Amended Motion for Leave to Amend Complaint. The Clerk is directed to docket Doc. 46-1 as the operative complaint. Signed by District Judge Kyle C. Dudek on 12/31/2025. (BLW)
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Filing 49
CASE MANAGEMENT REPORT. (Attachments: #1 Exhibit 1 - Proposed Schedules)(Pigman, Heather)
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Filing 48
RESPONSE in Opposition re #37 MOTION to Remand to State Court and for Award of Attorneys' Fees and Costs filed by American Contract Systems, Inc., O&M Halyard, Inc.. (Attachments: #1 Exhibit 1 - 2010 to 2015 Sterilization Agreement, #2 Exhibit 2 - 2015 Amendment to 2010 Sterilization Agreement, #3 Exhibit 3 - 2019 to 2024 Sterilization Agreement, #4 Exhibit 4 - 2024 Amendment to 2019 Sterilization Agreement, #5 Exhibit 5 - ACS's 2010 Air Operation Permit, #6 Exhibit 6 - FDEP Email re Receipt of ACS's 2014 Permit, #7 Exhibit 7 - FDEP Acknowledgement re ACS's 2019 Air Operation Permit, #8 Exhibit 8 - ACS's 2024 Air Operation Permit, #9 Affidavit Declaration of Charles Persby)(Pigman, Heather)
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Filing 47
ENDORSED ORDER denying as moot #45 Motion to Amend Complaint since Plaintiff has filed a subsequent motion to amend seeking the same relief. Signed by District Judge Kyle C. Dudek on 12/31/2025. (Dudek, Kyle)
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Filing 46
Amended MOTION to Amend #4 Complaint by Victoria Stella. (Attachments: #1 Exhibit Amended Complaint)(Combs, Steven)
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Filing 45
MOTION to Amend Complaint by Victoria Stella. (Attachments: #1 Exhibit Amended Complaint)(Combs, Steven)
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Filing 44
NOTICE OF RESCHEDULING HEARING: The Rule 16(b) Conference hearing scheduled for 1/8/2026 is rescheduled. New scheduling date and time: Rule 16(b) Conference set for 1/15/2026 at 10:15 AM before Magistrate Judge Nicholas P. Mizell. DIAL: 1-650-479-3207, Access code: 2316 024 8769(WRW)
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Filing 43
ENDORSED ORDER granting #41 defendants' unopposed motion to reschedule the Rule 16(b) Conference for January 15, 2026 at 10:15 AM. Signed by Magistrate Judge Nicholas P. Mizell on 12/8/2025. (RCD)
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Filing 42
ENDORSED ORDER granting #40 defendants ACS and Halyard's unopposed motion for extension of time. By January 5, 2025, ACS and Halyard must respond to the motion to remand. Signed by Magistrate Judge Nicholas P. Mizell on 12/5/2025. (RCD)
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Filing 41
Unopposed MOTION for Miscellaneous Relief, specifically Reschedule Rule 16(b) Conference by American Contract Systems, Inc., O&M Halyard, Inc. (Pigman, Heather) Modified docket text on 12/5/2025 (JG).
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Filing 40
Unopposed MOTION for Extension of Time to File Response/Reply as to #37 MOTION to Remand to State Court and for Award of Attorneys' Fees and Costs by American Contract Systems, Inc., O&M Halyard, Inc. (Pigman, Heather) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified docket text on 12/5/2025 (JG).
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Filing 39
ENDORSED ORDER denying #38 Plaintiff's motion for oral argument on the pending motion to remand and for fees. The Court will set oral argument if it believes necessary after the briefing on the underlying motion is complete. Signed by District Judge Kyle C. Dudek on 12/2/2025. (BLW)
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Filing 38
REQUEST for oral argument on Motion to Remand and for Award of Attorneys' Fees and Costs by Victoria Stella. (Combs, Steven)
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Filing 37
MOTION to Remand to State Court and for Award of Attorneys' Fees and Costs by Victoria Stella. (Attachments: #1 Exhibit Case law; Alexander v. Sterigenics, #2 Exhibit Case law; Kamuda v. Sterigenics, #3 Exhibit Dec. 2015 Croci Warranty Deed, #4 Exhibit Air General Permit Notification Form, #5 Exhibit Case law; McLendon v. Becton, #6 Exhibit Case law; Sommerville v. Union Carbide Corp, #7 Exhibit Declaration of Penny Walls)(Combs, Steven) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 36
NOTICE of Appearance by Sara Faber on behalf of American Contract Systems, Inc., O&M Halyard, Inc., Penny Walls (Faber, Sara)
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Filing 35
ENDORSED ORDER granting #34 plaintiff's unopposed motion for extension of time. By December 19, 2025, plaintiff must respond to defendants American Contract Systems, O&M Halyard Inc., and Penny Wall's motions to dismiss. By December 26, 2025, plaintiff must respond to LeeSar, Inc.'s amended motion to dismiss. Signed by Magistrate Judge Nicholas P. Mizell on 11/21/2025. (RCD)
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Filing 34
Unopposed MOTION for Extension of Time to File Response/Reply #12, #15, #18, #28 MOTIONS to Dismiss by Victoria Stella. (Combs, Steven) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 11/20/2025 as to docket text (ARL).
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Filing 33
NOTICE of a related action per Local Rule 1.07(c) by Victoria Stella. Related case(s): Yes (Combs, Steven)
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Filing 32
SUMMONS issued as to Philip Fleischhacker, Owens & Minor, Inc. (BD)
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Filing 31
PROPOSED summons to be issued by Victoria Stella. (Hertz, Joshua)
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Filing 30
PROPOSED summons to be issued by Victoria Stella. (Hertz, Joshua)
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Filing 29
NOTICE by Victoria Stella of Appearance of Additional Counsel (Combs, Steven)
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Filing 28
Amended MOTION to Dismiss Complaint by Leesar, Inc. (Nigro, Christopher) Modified text on 11/14/2025 (AA).
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Filing 27
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Leesar, Inc.. (Nigro, Christopher)
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Filing 26
NOTICE of Lead Counsel Designation by Heather Ann Pigman on behalf of American Contract Systems, Inc., O&M Halyard, Inc., Penny Walls. Lead Counsel: Heather A. Pigman. (Pigman, Heather)
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Filing 25
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #9 Defendant LeeSar's Motion to Dismiss. The 3.01(g) certification says that this motion does not require conferral before filing. Not so. Local Rule 3.01(g)(1) excepts certain motions from the conferral requirement, but a motion to dismiss is not one of those motions. Signed by District Judge Kyle C. Dudek on 11/12/2025. (BLW)
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Filing 24
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Victoria Stella. (Hertz, Eric)
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Filing 23
NOTICE of Lead Counsel Designation by Eric Hertz on behalf of Victoria Stella. Lead Counsel: Eric James Hertz. (Hertz, Eric)
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Filing 22
ENDORSED ORDER denying #13 #16 #19 motions for oral argument on the pending motions to dismiss. The Court will set oral argument if it believes necessary after the briefing on the underlying motions is complete. Signed by District Judge Kyle C. Dudek on 11/10/2025. (Dudek, Kyle)
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Filing 21
ORDER granting #11 motion for special admission of attorney Eric James Hertz. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 11/7/2025. (RCD)
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Filing 20
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Penny Walls. (Pigman, Heather)
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Filing 19
REQUEST for oral argument on her Motion to Dismiss by Penny Walls. (Pigman, Heather)
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Filing 18
MOTION to Dismiss for Failure to State a Claim by Penny Walls. (Pigman, Heather)
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Filing 17
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by American Contract Systems, Inc. identifying Corporate Parent Owens & Minor, Inc., Corporate Parent O&M Halyard, Inc. for American Contract Systems, Inc... (Pigman, Heather)
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Filing 16
REQUEST for oral argument on their Motion to Dismiss Plaintiff's Complaint by American Contract Systems, Inc.. (Pigman, Heather)
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Filing 15
MOTION to Dismiss for Failure to State a Claim by American Contract Systems, Inc.. (Attachments: #1 Exhibit 1 - Mutz v. Sterigenics US LLC)(Pigman, Heather)
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Filing 14
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by O&M Halyard, Inc. identifying Corporate Parent Owens & Minor, Inc. for O&M Halyard, Inc... (Pigman, Heather)
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Filing 13
REQUEST for oral argument on their Motion to Dismiss Plaintiff's Complaint by O&M Halyard, Inc.. (Pigman, Heather)
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Filing 12
MOTION to Dismiss for Lack of Jurisdiction by O&M Halyard, Inc.. (Attachments: #1 Exhibit 1 - O&M Halyard Inc. Certificate of Incorporation, #2 Exhibit 2 - ACS Certificate of Incorporation, #3 Affidavit Declaration of Charles Persby)(Pigman, Heather)
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Filing 11
Unopposed MOTION for Eric James Hertz to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-24090245 for $150 by All Plaintiffs. (Hertz, Eric) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 10
NOTICE of Appearance by Marisa Agganis on behalf of Leesar, Inc. (Agganis, Marisa)
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Filing 9
MOTION to Dismiss Complaint by Leesar, Inc.. (Nigro, Christopher)
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Filing 8
NOTICE of Lead Counsel Designation by Christopher Michael Nigro on behalf of Leesar, Inc.. Lead Counsel: Christopher M. Nigro. (Nigro, Christopher)
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Filing 7
NOTICE of hearing: Rule 16(b) Conference set for 1/8/2026 at 10:30 AM before Magistrate Judge Nicholas P. Mizell. A Case Management Report to be filed by 12/31/2025. DIAL: 1-650-479-3207, Access code: 2316 024 8769(WRW)
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Filing 6
CIVIL Action Order Signed by All Divisional Judges on 11/4/2025. (WRW)
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Filing 5
NOTICE to ALL Counsel of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (JVC)
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Filing 4
COMPLAINT against All Defendants with Jury Demand filed by Victoria Stella. (Filed in State Court on 09/19/2025)(JVC)
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Filing 3
NEW CASE ASSIGNED to District Judge Kyle C. Dudek and Magistrate Judge Nicholas P. Mizell. New case number: 2:25-cv-992-KCD-NPM. (AA)
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Filing 2
DECLARATION of Charles Persby by American Contract Systems, Inc., O&M Halyard, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Boswell, Chase) (Attachment 1 replaced on 11/3/2025 to rotate pages and edit text) (JVC)
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Filing 1
COMPLAINT and NOTICE OF REMOVAL from Twentieth Judicial Circuit, Lee County, FL, case number 25-CA005143 filed in State Court on 09/19/2025. Filing fee $405, receipt number AFLMDC-24065132 filed by O&M Halyard, Inc., American Contract Systems, Inc. (Attachments: #1 Civil Cover Sheet, #2 State Court COMPLAINT, #3 State Court Other Documents, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Boswell, Chase) Modified on 11/3/2025 to edit text. (JVC)
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