Cuevas-Duprey v. GE Healthcare, Inc. et al
| Josephine Cuevas-Duprey |
| GE Healthcare, Inc., General Electric Company and Parath Rod Sou |
| 8:2022cv00680 |
| March 23, 2022 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| Kathryn Kimball Mizelle |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 10, 2022. A more recent docket listing may be available from PACER.
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Filing 27
ENDORSED ORDER granting #26 Motion to Withdraw as Attorney. Attorney Joshua Robert Jacobson is terminated as counsel of record for Plaintiff and relieved of any further responsibility in this matter. Attorneys Andrew Parker Felix and Steven E. Nauman to remain counsel of record for Plaintiff. Signed by Magistrate Judge Sean P. Flynn on 5/10/2022. (CED)
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| Filing 26 MOTION for Joshua R. Jacobson to Withdraw as Attorney by Josephine Cuevas-Duprey. (Jacobson, Joshua) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 25 CASE MANAGEMENT REPORT. (Jacobson, Joshua) |
| Filing 24 CASE MANAGEMENT REPORT. (Jacobson, Joshua) |
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Filing 23
ENDORSED ORDER: Defendant GE Healthcare, Inc. moves to be dismissed from the action entirely "and with prejudice." (Doc. #12 at 12.) Plaintiff agrees, excepts requests that dismissal be without prejudice. (Doc. #21 at 2.) Because the parties agree that dismissal is appropriate and because dismissal with prejudice is inappropriate when a defendant is dismissed for lack of personal jurisdiction, Posner v. Essex Ins. Co., 178 F.3d 1209, 1221 (11th Cir. 1999), the Court GRANTS-IN-PART GE Healthcare's #12 Motion and dismisses GE Healthcare from this case, but dismissal is without prejudice. The Clerk is directed to terminate GE Healthcare, Inc. from this action. Signed by Judge Kathryn Kimball Mizelle on 4/27/2022. (SMR)
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| Filing 22 RESPONSE in Opposition re #20 MOTION to Remand to State Court and Response to Defendant's Notice of Removal filed by GE Healthcare, Inc., General Electric Company, Parath Rod Sou. (Barton, Ana) |
| Filing 21 RESPONSE to Motion re #12 MOTION to Dismiss for Lack of Jurisdiction filed by Josephine Cuevas-Duprey. (Jacobson, Joshua) |
| Filing 20 MOTION to Remand to State Court and Response to Defendant's Notice of Removal by Josephine Cuevas-Duprey. (Felix, Andrew) |
| Filing 19 NOTICE of Lead Counsel Designation by Andrew Parker Felix on behalf of Josephine Cuevas-Duprey. Lead Counsel: Andrew Parker Felix, Esq. (Felix, Andrew) Modified text on 5/11/2022 (AG). |
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Filing 18
ORDER granting #16 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Sean P. Flynn on 4/5/2022. (CED)
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Filing 17
ENDORSED ORDER granting #15 Motion to Appear Pro Hac Vice. Attorney Hardin may appear pro hac vice on behalf of Defendants. Within twenty-one (21) days of the date of this Order, counsel shall comply with the electronic filing registration requirements of Local Rule 2.01(c)(5). Signed by Magistrate Judge Sean P. Flynn on 4/5/2022. (CED)
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| Filing 16 MOTION for Ryan K. Blake to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19421569 for $150 by GE Healthcare, Inc., General Electric Company. (Attachments: #1 Exhibit A - Certification of Ryan K. Blake)(Barton, Ana) Motions referred to Magistrate Judge Sean P. Flynn. Modified to removed duplicate punctuation on 4/5/2022 (JK). |
| Filing 15 MOTION for Julie A. Hardin to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19421568 for $150 by GE Healthcare, Inc., General Electric Company. (Attachments: #1 Exhibit A - Certification of Julie A. Hardin)(Barton, Ana) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 14 NOTICE of Filing Updated Certificate of Conferral Per Local Rules 3.01(g)(3) re #12 MOTION to Dismiss for Lack of Jurisdiction by GE Healthcare, Inc. (Barton, Ana) Modified as to docket text on 4/5/2022 (JK). |
| Filing 13 ANSWER and affirmative defenses to Complaint by General Electric Company.(Barton, Ana) |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction by GE Healthcare, Inc. (Attachments: #1 Exhibit A - Decl. of Marco Campione)(Barton, Ana) Modified on 3/31/2022 to edit text (CRK). |
| Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Josephine Cuevas-Duprey. Related case(s): No (Jacobson, Joshua) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by Josephine Cuevas-Duprey. (Jacobson, Joshua) |
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Filing 9
ENDORSED ORDER: Defendant's #1 Notice of Removal argues that Defendant Parath Rod Sou was fraudulently joined to this action to deprive this Court of diversity jurisdiction. Plaintiff must respond, if at all, no later than April 11, 2022. Signed by Judge Kathryn Kimball Mizelle on 3/29/2022. (SMR)
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Filing 8
CIVIL CASE ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after Defendant removed this case. Signed by Judge Kathryn Kimball Mizelle on 3/28/2022. (SMR)
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| Filing 7 NOTICE to counsel Julie A. Hardin of Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; (Signed by Deputy Clerk). (BD) |
| Filing 6 NOTICE of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (BD) |
| Filing 5 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-0680-KKM-SPF. (SJB) |
| Filing 4 NOTICE of a related action per Local Rule 1.07(c) by GE Healthcare, Inc., General Electric Company, Parath Rod Sou. Related case(s): No (Barton, Ana) |
| Filing 3 CERTIFICATE of interested persons and corporate disclosure statement by GE Healthcare, Inc. identifying Corporate Parent General Electric Company, Other Affiliate T. Rowe Price Associates, Inc. for GE Healthcare, Inc.. (Barton, Ana) |
| Filing 2 CERTIFICATE of interested persons and corporate disclosure statement by General Electric Company identifying Other Affiliate GE Healthcare, Inc., Other Affiliate T. Rowe Price Associates, Inc. for General Electric Company. (Barton, Ana) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL (Filing Fee $402 receipt number AFLMDC-19376172) from Thirteenth Judicial Circuit, Hillsborough County, FL, case number 22-CA-001326 filed in State Court on 02/15/2022 filed by Parath Rod Sou, General Electric Company, GE Healthcare, Inc. (Attachments: #1 Ex. A - Amended Complaint, #2 State Court Other Documents Comp. Ex. B, #3 Affidavit Ex. C - of Parath Rod Sou, #4 State Court Docket Sheet, #5 Civil Cover Sheet)(Barton, Ana) Modified on 3/24/2022 to correct docket text (BD). |
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