Womack et al v. Nevro Corp.
Plaintiff: Donald Womack and Lynne Womack
Defendant: Nevro Corp.
Case Number: 8:2019cv00698
Filed: March 21, 2019
Court: US District Court for the Middle District of Florida
Presiding Judge: Sean P Flynn
Referring Judge: James S Moody
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 5, 2019 Filing 39 AMENDED COMPLAINT 2nd Amended Complaint against All Defendants with Jury Demand. filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Wellman, Andrew)
June 21, 2019 Opinion or Order Filing 38 ORDER granting #17 Defendant Nevro Corp.'s Rule 12(b)(6) Motion to Dismiss Plaintiffs' Amended Complaint.Plaintiffs shall have fourteen (14) days from the date of this Order to file an amended complaint. This will be Plaintiffs' final opportunity to amend their complaint. Failure to file an amended complaint by this deadline will result in the dismissal of this action with prejudice. Signed by Judge James S. Moody, Jr on 6/21/2019. (JG)
June 14, 2019 Filing 37 DECLARATION of Andrew Wellman re #36 Response by Donald Womack, Lynne Womack. (Wellman, Andrew)
June 14, 2019 Filing 36 RESPONSE re 35 Order on Motion for Leave to File Sur-Response to Defendant's Reply filed by Donald Womack, Lynne Womack. (Wellman, Andrew)
June 10, 2019 Opinion or Order Filing 35 ENDORSED ORDER granting #34 Plaintiffs' Amended Motion for Leave to File a Sur-Response to Defendant's Reply in Support of Its Motion to Dismiss. Plaintiffs' Sur-Respnse shall not exceed 5 pages and shall be filed by June 17, 2019. Signed by Judge James S. Moody, Jr. on 6/10/2019. (SMB)
June 10, 2019 Filing 34 Amended MOTION for leave to file Amended Motion for Leave to file Sur-Response Motion for Leave to file Sur-Response by Donald Womack, Lynne Womack. (Wellman, Andrew)
June 6, 2019 Filing 33 RESPONSE re #31 Memorandum in support Motion for Leave to file Sur-Response filed by Donald Womack, Lynne Womack. (Wellman, Andrew)
May 28, 2019 Opinion or Order Filing 32 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 4/30/2020; Dispositive motions due by 1/29/2021; Pretrial Conference set for TUESDAY, NOVEMBER 2, 2021 at 9:00 AM in Tampa Courtroom 17 before Judge James S. Moody Jr. Jury Trial set for the DECEMBER 2021 trial term in Tampa Courtroom 17 before Judge James S. Moody Jr. Signed by Judge James S. Moody, Jr. on 5/28/2019. (KAC)
May 24, 2019 Filing 31 MEMORANDUM in support re #17 Motion to dismiss, 26 Order on Motion for Leave to File Reply in Support of It's Motion to Dismiss filed by Nevro Corp.. (Shepard, Katherine)
May 24, 2019 Opinion or Order Filing 30 ENDORSED ORDER granting #29 Plaintiffs' Motion for Relief from Order Dated May 3, 2019. Attorney Georganna Frantzis shall register with the Court for electronic filing upon admission to the Middle District of Florida on July 2, 2019. Signed by Judge James S. Moody, Jr. on 5/24/2019. (SMB)
May 23, 2019 Filing 29 MOTION for miscellaneous relief, specifically From Order of May 3, 2019 by All Plaintiffs. (Wellman, Andrew)
May 22, 2019 Filing 28 NOTICE of compliance re 25 Order on motion to appear pro hac vice for Damon J. Brinson by Nevro Corp. (Shepard, Katherine)
May 22, 2019 Filing 27 CASE MANAGEMENT REPORT. (Shepard, Katherine)
May 20, 2019 ***PRO HAC VICE FEES paid by attorney Damon J. Brinson, appearing on behalf of (Filing fee $150 receipt number TPA056651.) Related document: #23 MOTION for Damon J. Brinson to appear pro hac vice. (ARC)
May 17, 2019 Opinion or Order Filing 26 ENDORSED ORDER granting #24 Defendant's Amended Unopposed Motion for Leave to File a Reply in Support of Its Rule 12(b)(6) Motion to Dismiss. Signed by Judge James S. Moody, Jr. on 5/17/2019. (SMB)
May 17, 2019 Opinion or Order Filing 25 ENDORSED ORDER granting #23 Motion for Damon J. Brinson to appear pro hac vice on behalf of Nevro Corp. Signed by Judge James S. Moody, Jr. on 5/17/2019. (SMB)
May 17, 2019 Filing 24 Unopposed MOTION for leave to file a Reply In Support of Its Rule 12(b)(6) Motion to Dismiss by Nevro Corp.. (Shepard, Katherine)
May 17, 2019 Filing 23 MOTION for Damon J. Brinson to appear pro hac vice by Nevro Corp.. (Shepard, Katherine) Motions referred to Magistrate Judge Sean P. Flynn.
May 17, 2019 Opinion or Order Filing 22 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #21 Motion for Leave to File. Signed by Judge James S. Moody, Jr on 5/17/2019. (JG)
May 16, 2019 Filing 21 MOTION for leave to file a Reply in Support of its Rule 12(b)(6) Motion to Dismiss by Nevro Corp.. (Shepard, Katherine)
May 15, 2019 Filing 20 DECLARATION of Andrew Wellman re #19 Response in Opposition to Motion by Donald Womack, Lynne Womack. (Wellman, Andrew)
May 15, 2019 Filing 19 RESPONSE in Opposition re #17 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Donald Womack, Lynne Womack. (Wellman, Andrew)
May 3, 2019 Opinion or Order Filing 18 ORDER for Georganna Frantzis to comply with the administrative procedures regarding electronic filing. The Clerk is directed to stop sending paper copies to the above-referenced attorney after sending this Order. Signed by Judge James S. Moody, Jr. on 5/3/2019. (SMB)
May 2, 2019 Filing 17 MOTION to Dismiss Plaintiffs' Amended Complaint by Nevro Corp. (Shepard, Katherine) Modified text on 5/3/2019 (BSN).
April 22, 2019 Filing 16 NOTICE of compliance re 9 Order on motion to appear pro hac vice by Nevro Corp. (Shepard, Katherine)
April 19, 2019 ***PRO HAC VICE FEES paid by attorney Randall L. Christian, appearing on behalf of Nevro Corp. (Filing fee $150 receipt number TPA056209.) Related document: #8 MOTION for Randall L. Christian to appear pro hac vice. (ARC)
April 18, 2019 Opinion or Order Filing 15 ENDORSED ORDER denying as moot #4 Motion to Dismiss for Failure to State a Claim pursuant to the Amended Complaint #14. Signed by Judge James S. Moody, Jr on 4/18/2019. (JG)
April 18, 2019 Filing 14 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Donald Womack, Lynne Womack. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Wellman, Andrew)
April 18, 2019 Filing 13 RESPONSE TO ORDER TO SHOW CAUSE filed by Donald Womack, Lynne Womack. (Wellman, Andrew)
April 16, 2019 Opinion or Order Filing 12 ORDER TO SHOW CAUSE: Plaintiffs shall file a response to #4 Motion to Dismiss within seven (7) days of the date of this Order or shall SHOW CAUSE in writing within seven (7) days of this Order why the Court should not consider said Motion without a response by Plaintiffs. Signed by Judge James S. Moody, Jr. on 4/16/2019. (SMB)
April 8, 2019 Filing 11 NOTICE to counsel Georganna Frantzis of Local Rule 2.01 (signed by deputy clerk). (LSS)
April 8, 2019 Filing 10 NOTICE of Appearance by Andrew M. Wellman on behalf of Donald Womack, Lynne Womack (Wellman, Andrew)
April 5, 2019 Opinion or Order Filing 9 ENDORSED ORDER granting #8 motion to appear pro hac vice. Attorney Randall L. Christian may appear pro hac vice on behalf of Defendant, with Attorney Katherine E. Shepard designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Sean P. Flynn on 4/5/2019. (CKR)
April 5, 2019 Filing 8 MOTION for Randall L. Christian to appear pro hac vice by Nevro Corp.. (Shepard, Katherine) Motions referred to Magistrate Judge Sean P. Flynn.
April 5, 2019 Filing 7 ***TERMINATED-INCORRECT COUNSEL FILED APPEARANCE. COUNSEL ANDREW WELLMAN NEEDS TO REFILE USING HIS SAME SIGNATURE BLOCK AND HIS ECF LOGIN. NOTICE of Appearance by Kevin Michael Sparkman on behalf of Donald Womack, Lynne Womack (Sparkman, Kevin) Modified on 4/8/2019 (LSS).
April 5, 2019 Filing 6 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Nevro Corp.. Related case(s): No (Shepard, Katherine)
April 1, 2019 Filing 5 DECLARATION of Katherine E. Shepard re #4 MOTION to dismiss for failure to state a claim by Nevro Corp.. (Shepard, Katherine)
April 1, 2019 Filing 4 MOTION to dismiss for failure to state a claim by Nevro Corp.. (Shepard, Katherine)
March 22, 2019 Filing 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2 issued by Deputy Clerk on 3/22/2019. (SMB)
March 21, 2019 Filing 2 NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Sean P. Flynn. New case number: 8:19-cv-698-T-30SPF. (SJB)
March 21, 2019 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Sixth Judicial Circuit in and for Pasco County, Florida, case number 2019-CA-000880 filed in State Court on 03/12/2019. Filing fee $ 400, receipt number 113A-15265510 filed by Nevro Corp.. (Attachments: #1 Exhibit A to Notice of Removal, #2 Exhibit B to Notice of Removal, #3 Civil Cover Sheet, #4 State Court COMPLAINT, #5 State Court Other Documents)(Thompson, Edward) Modified text on 3/22/2019 (BSN).

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Plaintiff: Donald Womack
Represented By: Georganna Frantzis
Represented By: Chris M. Limberopoulos
Represented By: Kevin Michael Sparkman
Represented By: Andrew M. Wellman
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Plaintiff: Lynne Womack
Represented By: Georganna Frantzis
Represented By: Chris M. Limberopoulos
Represented By: Kevin Michael Sparkman
Represented By: Andrew M. Wellman
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Defendant: Nevro Corp.
Represented By: Edward H. Thompson
Represented By: Katherine Elizabeth Shepard
Represented By: Randall L. Christian
Represented By: Damon J. Brinson
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