Pfaltzgraff v. C.R. Bard, Inc. et al
| Justin Pfaltzgraff |
| CR Bard, Inc., Bard Access Systems, Inc., Becton, Dickinson and Company, C.R. Bard, Inc. and Does 1 through 10 |
| 8:2023cv01646 |
| July 21, 2023 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 22, 2023. A more recent docket listing may be available from PACER.
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| Acknowledgment - Transferred case has been opened in the District of Arizonaas case 2:23-cv-01719, filed 08/21/2023.(JNB) |
| Filing 20 MULTIDISTRICT LITIGATION panel order transferring case to: District of Arizona. MDL case number: 3081. (AG) |
| Filing 19 NOTICE of Lead Counsel Designation by Mark Blaise Desanto on behalf of Justin Pfaltzgraff. Lead Counsel: Shanon J. Carson. (Desanto, Mark) |
| Filing 18 NOTICE TO ALL COUNSEL of record 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). (AJS) |
Filing 17
ENDORSED ORDER granting Plaintiff's #12 Motion for Special Admission as to attorney Shannon J. Carson; #13 Motion for Special Admission as to Dena R. Young; and #15 Amended Motion for Special Admission as to attorney Jennifer Elwell. If counsel has not already done so, within fourteen (14) days hereof, they shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). In light of this order, Plaintiff's #14 Motion for Special Admission as to attorney Jennifer Elwell is denied as moot. Signed by Magistrate Judge Christopher P. Tuite on 8/9/2023. (ACL)
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| Filing 16 AMENDED COMPLAINT by Plaintiff against Bard Access Systems, Inc., Becton, Dickinson and Company, C.R. Bard, Inc., Does 1 through 10 with Jury Demand. filed by Justin Pfaltzgraff.(Desanto, Mark) |
| Filing 15 Amended MOTION to appear pro hac vice, Special Admission fee paid Receipt No. AFLMDC-21121624 for $150 by Justin Pfaltzgraff. (Desanto, Mark) Modified text on 8/8/2023 (MCB). |
| Filing 14 MOTION for Jennifer Elwell to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21121624 for $150 by Justin Pfaltzgraff. (Desanto, Mark) Motions referred to Magistrate Judge Unassigned Magistrate. |
| Filing 13 MOTION for Dena R. Young to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21120883 for $150 by Justin Pfaltzgraff. (Desanto, Mark) Motions referred to Magistrate Judge Unassigned Magistrate. |
| Filing 12 MOTION for Shanon J. Carson to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21120834 for $150 by Justin Pfaltzgraff. (Desanto, Mark) Motions referred to Magistrate Judge Unassigned Magistrate. |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #6 Standing Order by Justin Pfaltzgraff. (Desanto, Mark) Modified on 8/9/2023 to edit docket text (AJS). |
| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Justin Pfaltzgraff. Related case(s): Yes re #6 Standing Order (Desanto, Mark) Modified on 8/9/2023 to edit docket text (AJS). |
| Filing 9 Case Reassigned to Magistrate Judge Unassigned Magistrate. New case number: 8:23-cv-1646-KKM-UAM. Magistrate Judge Mac R. McCoy no longer assigned to the case. (AG) |
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Filing 8
ENDORSED ORDER: Attorneys Shanon J. Carson, Jennifer P. Elwell, and Dena R. Young are directed to comply with Local Rule 2.01. By August 7, 2023, Attorneys Carson, Elwell, and Young must move to appear pro hac vice or file a notice detailing the steps they have taken to become admitted into the Middle District. Attorneys Carson, Elwell, and Young must also register with the Middle District's CM/ECF by August 7, 2023. Failure to comply with this order will result in the Court striking Attorney Carson's, Elwell's, and Young's appearance from the record. Signed by Judge Kathryn Kimball Mizelle on 8/1/2023. (ZG)
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Filing 7
ENDORSED ORDER: Upon review, the Court finds that this complaint constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1320 (11th Cir. 2015). Specifically, each of the complaint's fourteen counts "incorporates the preceding paragraphs as if set out fully herein." See, e.g., Compl. (Doc. #1) pp. 200. The result is that Count XIV fully incorporates Counts I-XIII, which themselves incorporate every preceding count. Weiland, 792 F.3d at 1321 ("The most common type [of shotgun pleading]--by a long shot--is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint."). Thus, Pfaltzgraff's complaint is DISMISSED without prejudice, and he is granted leave to file an amended complaint no later than August 7, 2023. If Plaintiff fails to amend the complaint this action will be dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 7/24/2023. (ZG)
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Filing 6
CIVIL CASE STANDING ORDER. The Parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any Defendant appears. Each Party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 7/24/2023. (ZG)
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| Filing 5 NOTICE TO COUNSEL Dena R. Young of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (JG) Modified on 7/24/2023 (JG). |
| Filing 4 NOTICE TO COUNSEL Jennifer P. Elwell of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (JG) |
| Filing 3 NOTICE TO COUNSEL Shanon J. Carson of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (JG) |
| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Mac R. McCoy. New case number: 8:23-cv-01646--KKM-MRM. (JG) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-21068035) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Desanto, Mark) |
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