Hernandez v. CVS Pharmacy Inc.
Plaintiff: Makayla Hernandez
Defendant: CVS Pharmacy Inc. and Aurobindo Pharma USA, INC.
Case Number: 8:2020cv02409
Filed: October 15, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Charlene Edwards Honeywell
Referring Judge: Julie S Sneed
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 24, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 23, 2020 Opinion or Order Filing 28 ORDER: 1. Defendants' Time-Sensitive Motion to Stay Proceedings Pending a Decision by the Judicial Panel on Multidistrict Litigation #15 is GRANTED. 2. All proceedings in this case are STAYED until either: (1) thirty (30) days after the JPML's decision, if transfer is denied; or (2) the date established by the scheduling order adopted by the transferee judge in the United States District Court for the District of New Jersey, Camden Division, if the JPML grants transfer. 3. Defendants shall promptly file a notice advising the Court of the JPML's decision after the issuance of such decision. Further, any party may move to lift the stay and return this case to active status after the JPML enters a decision on the motion to transfer. 4. The Clerk is directed to terminate all pending motions and administratively close this case. Signed by Judge Charlene Edwards Honeywell on 11/23/2020. (GLP)
November 23, 2020 Opinion or Order Filing 27 ENDORSED ORDER granting #26 Motion to Appear Telephonically at Case Management Conference. The parties may attend and conduct their case management conference by telephone. Signed by Judge Charlene Edwards Honeywell on 11/23/2020. (GLP)
November 20, 2020 Filing 26 MOTION for Defendants' counsel to appear telephonically at Case Management Conference by Aurobindo Pharma USA, INC.. (Diamantas, Kyle)
November 17, 2020 Opinion or Order Filing 25 ORDER granting #23 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Julie S. Sneed on November 17, 2020. (BRC)
November 16, 2020 Opinion or Order Filing 24 ENDORSED ORDER directing the Clerk to STRIKE Plaintiff's Reply to Defendant Aurobindo Pharma USA, Inc.'s Answer and Affirmative Defenses #22. A reply to an answer is allowed only if ordered by the Court. See Fed. R. Civ. P. 7(a)(7). The Court did not order Plaintiff to file a reply. Signed by Judge Charlene Edwards Honeywell on 11/16/2020. (GLP)
November 16, 2020 Filing 23 MOTION for Ernest F. Koschineg to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17556121 for $150 by Aurobindo Pharma USA, INC.. (Diamantas, Kyle) Motions referred to Magistrate Judge Julie S. Sneed.
November 16, 2020 Filing 22 ***STRICKEN PURSUANT TO ORDER 24***REPLY to affirmative defenses by Makayla Hernandez. (Pansler, Karl) Modified on 11/17/2020 (CTR).
November 16, 2020 Opinion or Order Filing 21 ORDER: The Court will take no further action on the Order to Show Cause #7, and it is hereby DISCHARGED. Signed by Judge Charlene Edwards Honeywell on 11/16/2020. (GLP)
November 12, 2020 FEE PAID. Fee for pro hac vice appearance, Receipt No. 113A-17542066 for $150 paid. Special Admission for Non-Resident Attorney Jessica M. Heinz. (Heinz, Jessica)
November 9, 2020 Opinion or Order Filing 20 ORDER granting #16 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Julie S. Sneed on November 9, 2020. (BRC)
November 5, 2020 Filing 19 Second MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by CVS Pharmacy Inc.. (Attachments: #1 Exhibit Briefing schedule before JPML)(Folland, Robert) Motions referred to Magistrate Judge Julie S. Sneed.
November 5, 2020 Filing 18 RESPONSE TO ORDER TO SHOW CAUSE re #7 Order pdf filed by CVS Pharmacy Inc.. (Attachments: #1 Exhibit Death certificate, #2 Exhibit Property record)(Folland, Robert)
November 5, 2020 Filing 17 ANSWER and affirmative defenses to Complaint with Jury Demand by Aurobindo Pharma USA, INC..(Diamantas, Kyle)
November 5, 2020 Filing 16 MOTION for Jessica M. Heinz to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17519371 for $150 by Aurobindo Pharma USA, INC.. (Diamantas, Kyle) Motions referred to Magistrate Judge Julie S. Sneed.
November 4, 2020 Filing 15 MOTION to Stay Defendants' Time-Sensitive Motion to Stay Proceedings Pending a Decision by the Judicial Panel on Multidistrict Litigation by Aurobindo Pharma USA, INC., CVS Pharmacy Inc.. (Attachments: #1 Exhibit Ex. A - Notice of Potential Tag-Along, #2 Exhibit Ex. B - JPML Clerk Entry, #3 Exhibit Ex. C - Motion to Transfer (Hernandez), #4 Exhibit Ex. D - Transfer Order)(Diamantas, Kyle)
October 30, 2020 Filing 14 NOTICE of pendency of related cases per Local Rule 1.04(d) by Makayla Hernandez. Related case(s): yes (Pansler, Karl)
October 30, 2020 Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Makayla Hernandez. (Pansler, Karl)
October 30, 2020 Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order, #10 Certificate of interested persons and corporate disclosure statement Defendant Aurobindo Pharma USA, Inc.'s Amended Certificate of Interested Parties and Corporate Disclosure Statement by Aurobindo Pharma USA, INC. identifying Corporate Parent Aurobindo Pharma Ltd., Other Affiliate Aurohealth, LLC, Other Affiliate Auromedics Pharma, LLC, Other Affiliate Auro Vaccines, LLC, Other Affiliate Aurolife Pharma, LLC, Other Affiliate Aurologistics, LLC, Other Affiliate AuroScience, LLC, Other Affiliate Acrotech Biopharma, LLC, Other Affiliate Natrol, LLC for Aurobindo Pharma USA, INC. (Diamantas, Kyle) Modified on 10/30/2020 (DG).
October 30, 2020 Filing 11 NOTICE of pendency of related cases per Local Rule 1.04(d) by Aurobindo Pharma USA, INC. Related case(s): Yes. (Diamantas, Kyle) Modified on 10/30/2020 (DG).
October 30, 2020 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Aurobindo Pharma USA, INC. identifying Corporate Parent Aurobindo Pharma LTD, Other Affiliate Aurohealth, LLC, Other Affiliate Auromedics Pharma, LLC, Other Affiliate Auro Vaccines, LLC, Other Affiliate Aurolife Pharma, LLC, Other Affiliate Aurologistics, LLC, Other Affiliate AuroScience, LLC, Other Affiliate Acrotech Biopharma, LLC, Other Affiliate Natrol, LLC for Aurobindo Pharma USA, INC. (Diamantas, Kyle) Modified on 10/30/2020 (DG).
October 30, 2020 Filing 9 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by CVS Pharmacy Inc. identifying Corporate Parent CVS Health Corporation for CVS Pharmacy Inc. (Folland, Robert) Modified on 10/30/2020 (DG).
October 26, 2020 Opinion or Order Filing 8 ENDORSED ORDER granting #6 Opposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant's answer or response due by November 6, 2020. Signed by Magistrate Judge Julie S. Sneed on October 26, 2020. (BRC)
October 26, 2020 Opinion or Order Filing 7 ORDER TO SHOW CAUSE: Defendant CVS Pharmacy, Inc. is directed to SHOW CAUSE as to why this case should not be remanded for lack of subject matter jurisdiction. Defendant CVS Pharmacy, Inc. shall file a written response with the Court within FOURTEEN (14) DAYS from the date of this Order. Failure to respond within the time provided will result in the remand of this action without further notice. Signed by Judge Charlene Edwards Honeywell on 10/26/2020. (GLP)
October 22, 2020 Filing 6 First MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by CVS Pharmacy Inc.. (Attachments: #1 Notice of Potential Tag-along Action)(Folland, Robert) Motions referred to Magistrate Judge Julie S. Sneed.
October 22, 2020 Filing 5 NOTICE to counsel Jessica M. Heinz of Local Rule 2.02, Special Admission to Practice - Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney. (Signed by Deputy Clerk) (JLD)
October 20, 2020 REFUND for duplicate payment. Receipt number 113A-17430263 refunded in the amount of $ 400.00 paid to Robert Folland.. (NLC)
October 16, 2020 Opinion or Order Filing 4 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 10/30/2020. Signed by Judge Charlene Edwards Honeywell on 10/16/2020. (BGS)
October 16, 2020 Opinion or Order Filing 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 10/30/2020. Signed by Judge Charlene Edwards Honeywell on 10/16/2020. (BGS)
October 15, 2020 Filing 2 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Julie S. Sneed. New case number: 8:20-cv-2409-T-36JSS. (SJB)
October 15, 2020 Filing 1 COMPLAINT and NOTICE OF REMOVAL from the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida, case number 20-CA-2907 filed in State Court on 09/21/2020. Filing fee $ 400, receipt number 113A-17430374 filed by CVS Pharmacy Inc. (Attachments: #1 State Court COMPLAINT, #2 Exhibit Consent to Removal, #3 Civil Cover Sheet)(Folland, Robert) Modified on 10/15/2020 (JLD).

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Plaintiff: Makayla Hernandez
Represented By: Karl Frederick Pansler
Represented By: Christopher Ison
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Defendant: CVS Pharmacy Inc.
Represented By: Robert Christopher Folland
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Defendant: Aurobindo Pharma USA, INC.
Represented By: Jessica M. Heinz
Represented By: Ernest Frank Koschineg
Represented By: Kyle A. Diamantas
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