Curle v. Smith et al
Plaintiff: Robin Curle
Defendant: Katie Smith and Abbott Laboratories
Case Number: 8:2024cv02350
Filed: October 7, 2024
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: Sean P Flynn
Referring Judge: William F Jung
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 12, 2024 Filing 21 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). (EVK)
November 12, 2024 Opinion or Order Filing 20 ENDORSED ORDER denying as moot #11 Motion to Dismiss. Signed by Judge William F. Jung on 11/12/2024. (CCB)
November 12, 2024 Filing 19 NOTICE canceling motion hearing scheduled for 11/13/2024. (CCB)
November 12, 2024 Opinion or Order Filing 18 ENDORSED ORDER: Pursuant to the #17 Stipulation of Dismissal with prejudice, with each party to bear their own respective fees and costs, the Clerk is directed to terminate all pending deadlines and motions and to close the case. Signed by Judge William F. Jung on 11/12/2024. (CCB)
November 11, 2024 Filing 17 STIPULATION of Voluntary Dismissal with Prejudice Pursuant to F.R.C.P. 41(a)(1)(A)(ii) by Abbott Laboratories. (Baird, Lisa) Modified docket text on 11/12/2024 (EVK).
October 22, 2024 Filing 16 NOTICE by Abbott Laboratories /Supplemental Certificate of Good Faith Conference (Baird, Lisa)
October 18, 2024 Filing 15 NOTICE of Hearing on #11 MOTION to Dismiss Complaint. Motion Hearing set for 11/13/2024 at 2:00 PM via Zoom before Judge William F. Jung. A Zoom link will be emailed to Counsel closer to the hearing date.(CCB)
October 18, 2024 Opinion or Order Filing 14 ENDORSED ORDER granting #13 Motion to Request Oral Argument. Signed by Judge William F. Jung on 10/18/2024. (CCB)
October 15, 2024 Filing 13 REQUEST for oral argument re #11 MOTION to Dismiss Complaint and Incorporated Memorandum of Law by Abbott Laboratories. (Baird, Lisa)
October 15, 2024 Filing 12 NOTICE to the Courts to take judicial notice regarding #11 MOTION to Dismiss Complaint and Incorporated Memorandum of Law by Abbott Laboratories. (Attachments: #1 Exhibit 1 (The FDA Premarket Approval ("PMA") Letter for St. Jude Medical's Cardioverter Defibrillator with Cardiac Resynchronization Therapy (PMA No. P910023), dated April 30, 1993), #2 Exhibit 2 (The FDA PMA Supplement Approval Letter for St. Jude Medical's Cardioverter Defibrillator with Cardiac Resynchronization Therapy (PMA No. P910023/S423), dated June 30, 2020), #3 Exhibit 3 (August 2023, Urgent Medical Device Correction, regarding a subset of Gallant ICDs), #4 Exhibit 4 (FDA Premarket Approval Database Listing for the device), #5 Exhibit 5 (Relevant excerpts of the FDA Classification of August 2023 Urgent Medical Device Correction as a Class 2 Device Recall))(Baird, Lisa)
October 15, 2024 Filing 11 MOTION to Dismiss Complaint and Incorporated Memorandum of Law by Abbott Laboratories. (Attachments: #1 Exhibit A (Declaration of Timothy Lorinser))(Baird, Lisa)
October 14, 2024 Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Abbott Laboratories. Related case(s): No (Baird, Lisa)
October 13, 2024 Filing 9 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (JCG)
October 13, 2024 Filing 8 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (JCG)
October 8, 2024 Filing 7 NOTICE TO COUNSEL Andrew P. Rodriguez 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). (MLB)
October 8, 2024 Filing 6 NOTICE TO COUNSEL Christina D. Olivos of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (MLB)
October 8, 2024 Filing 5 NOTICE TO COUNSEL Andrew Rodriguez 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). (ARL)
October 8, 2024 Filing 4 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Sean P. Flynn. New case number: 8:24-cv-2350-WFJ-SPF. (ARL)
October 7, 2024 Filing 3 CERTIFICATE of interested persons and corporate disclosure statement by Abbott Laboratories identifying Other Affiliate Abbott Laboratories for Abbott Laboratories. (Baird, Lisa)
October 7, 2024 Filing 2 NOTICE of Lead Counsel Designation by Lisa M. Baird on behalf of Abbott Laboratories. Lead Counsel: Lisa M. Baird. (Baird, Lisa)
October 7, 2024 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Sarasota County Circuit Court, case number 2024-003931-NC filed in State Court on 07/29/2024. Filing fee $405, receipt number AFLMDC-22598399 filed by Abbott Laboratories. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Baird, Lisa) Modified docket text on 10/8/2024 (JOS).

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Plaintiff: Robin Curle
Represented By: Andrew P. Rodriguez
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Defendant: Katie Smith
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Defendant: Abbott Laboratories
Represented By: Matthew Daniel Jacobson
Represented By: Christina D. Olivos
Represented By: Lisa M. Baird
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