HEITMAN et al v. AZIYO BIOLOGICS INC et al
| Kurt Heitman and Natalie Heitman |
| Aziyo Biologics, Inc., SpinalGraft Technologies, LLC, Medtronic Sofamor Danek USA, Inc., DCI Donor Services, Inc., NEW MEXICO DONOR SERVICES, AZIYO BIOLOGICS INC, SPINALGRAFT TECHNOLOGIES LLC, MEDTRONIC SOFAMOR DANEK USA INC and DCI DONOR SERVICES INC |
| 3:2024cv00061 |
| February 9, 2024 |
| US District Court for the Northern District of Florida |
| ZACHARY C BOLITHO |
| M CASEY RODGERS |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #14 MOTION to Remand to State Court, #24 Response in Opposition to Motion, #25 Notice of Joinder in Defendant Aziyo Biologic Inc's Response, #26 Notice of Joinder in Defendant in Defendant Aziyo Biologic Inc's Response. (alb) |
| Filing 26 NOTICE OF JOINDER by DCI DONOR SERVICES INC, NEW MEXICO DONOR SERVICES re #24 Response in Opposition to Motion (GORAN, JOHN) |
| Filing 25 NOTICE of Joinder by MEDTRONIC SOFAMOR DANEK USA INC, SPINALGRAFT TECHNOLOGIES LLC re #24 Response in Opposition to Motion (MCKEE, TRACI) |
| Filing 24 RESPONSE in Opposition re #14 MOTION to Remand to State Court and Supporting Memorandum of Law filed by AZIYO BIOLOGICS INC. (Attachments: #1 Exhibit A - Kreitner Declaration) (GARRITY, JESSICA) |
Filing 23
ORDER granting #19 MOTION for Extension of Time to File Response. (Internal deadline for referral to judge if response to #14 Motion to Remand not filed earlier: 4/4/2024). Signed by JUDGE M CASEY RODGERS on 3/25/24. (pll)
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Filing 22
ORDER granting #20 MOTION for Extension of Time to File Response as to #13 Amended Complaint. ( Answer due by 4/22/2024.). Signed by JUDGE M CASEY RODGERS on 3/25/24. (pll)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #21 REPLY in Support of #9 Defendants' Motion to Dismiss Counts I-III and Counts V-VI of Plaintiff's Complaint. (mb) |
| Filing 21 REPLY in Support of #9 Defendants' Motion to Dismiss Counts I-III and Counts V-VI of Plaintiff's Complaint, filed by AZIYO BIOLOGICS INC, DCI DONOR SERVICES INC, MEDTRONIC SOFAMOR DANEK USA INC, NEW MEXICO DONOR SERVICES, SPINALGRAFT TECHNOLOGIES LLC. (GARRITY, JESSICA) Modified on 3/25/2024 to correct pdf attached to match ECF docket. (mb). |
| Filing 20 MOTION for Extension of Time to File Response/Reply as to #13 Amended Complaint by AZIYO BIOLOGICS INC, DCI DONOR SERVICES INC, MEDTRONIC SOFAMOR DANEK USA INC, NEW MEXICO DONOR SERVICES, SPINALGRAFT TECHNOLOGIES LLC. (GARRITY, JESSICA) |
| Filing 19 MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Remand to State Court by MEDTRONIC SOFAMOR DANEK USA INC, SPINALGRAFT TECHNOLOGIES LLC. (MCKEE, TRACI) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #19 MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Remand to State Court and #20 MOTION for Extension of Time to File Response/Reply as to #13 Amended Complaint. (mb) |
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Filing 18
REFERRAL AND ORDER re #17 MOTION for Leave to File. Defendants must file their reply, not to exceed 3,200 words, within 7 days of the date of this order. (Reply due by 3/22/2024.) Signed by JUDGE M CASEY RODGERS on 3/15/2024. (jcw)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #17 UNOPPOSED MOTION for Leave to File re #15 Response to Motion, #9 MOTION TO DISMISS. (jcw) |
| Filing 17 MOTION for Leave to File re #15 Response to Motion, #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss Counts I-III and Counts V-VI of Complaint by AZIYO BIOLOGICS INC, DCI DONOR SERVICES INC, MEDTRONIC SOFAMOR DANEK USA INC, NEW MEXICO DONOR SERVICES, SPINALGRAFT TECHNOLOGIES LLC. (GARRITY, JESSICA) |
| Filing 16 NOTICE OF SUPPLEMENTAL AUTHORITY by AZIYO BIOLOGICS INC, DCI DONOR SERVICES INC, MEDTRONIC SOFAMOR DANEK USA INC, NEW MEXICO DONOR SERVICES, SPINALGRAFT TECHNOLOGIES LLC re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss Counts I-III and Counts V-VI of Complaint (Attachments: #1 Exhibit A) (GARRITY, JESSICA) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #15 RESPONSE to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss Counts I-III and Counts V-VI of Complaint and Memorandum of Law. (mb) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #14 MOTION to Remand to State Court (mb) |
| Filing 15 RESPONSE to Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss Counts I-III and Counts V-VI of Complaint and Memorandum of Law filed by KURT HEITMAN, NATALIE HEITMAN. (MCGRAIL, MICHAEL) |
| Filing 14 MOTION to Remand to State Court by KURT HEITMAN, NATALIE HEITMAN. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (MCGRAIL, MICHAEL) |
| Filing 13 FIRST AMENDED COMPLAINT against All Defendants All Defendants., filed by KURT HEITMAN, NATALIE HEITMAN. (Attachments: #1 Exhibit A, #2 Exhibit B) (MCGRAIL, MICHAEL) |
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Filing 12
ORDER. The motion is GRANTED. Plaintiffs' deadline to respond to Defendants' Motion to Dismiss (ECF No. #9 ) is extended to March 11, 2024. (Internal deadline for referral to judge if response not filed earlier: 3/11/2024). Signed by JUDGE M CASEY RODGERS on 02/29/2024. (alb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #11 First MOTION for Extension of Time to File Response/Reply as to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss Counts I-III and Counts V-VI of Complaint (mb) |
| Filing 11 First MOTION for Extension of Time to File Response/Reply as to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss Counts I-III and Counts V-VI of Complaint by KURT HEITMAN, NATALIE HEITMAN. (MCGRAIL, MICHAEL) |
| Filing 10 Minute Entry for proceedings held before JUDGE M CASEY RODGERS: Case Management Conference held on 2/23/2024. Rule 16 Case Management Conference held. Attendance of counsel via Zoom. Court to memorialize in writing, order to follow. (Court Reporter Julie Wycoff.) (blr) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss Counts I-III and Counts V-VI of Complaint (mb) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss Counts I-III and Counts V-VI of Complaint by AZIYO BIOLOGICS INC, DCI DONOR SERVICES INC, MEDTRONIC SOFAMOR DANEK USA INC, NEW MEXICO DONOR SERVICES, SPINALGRAFT TECHNOLOGIES LLC. (Attachments: #1 Exhibit A - Zydek Order N.D) (GARRITY, JESSICA) |
| Filing 8 Corporate Disclosure Statement/Certificate of Interested Persons by DCI DONOR SERVICES INC. (GORAN, JOHN) |
| Filing 7 Corporate Disclosure Statement/Certificate of Interested Persons by NEW MEXICO DONOR SERVICES. (GORAN, JOHN) |
| Filing 6 NOTICE of Appearance by JOHN JAMES GORAN on behalf of DCI DONOR SERVICES INC, NEW MEXICO DONOR SERVICES (GORAN, JOHN) |
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Filing 5
ORDER: Accordingly, the Court VACATES the Initial Scheduling Order previously entered in Case No. 3:24-cv-60-MCR-HTC, ECF No. 3. A joint Rule 16 case management conference will be held on Friday, 2/23/2024, at 10:00 a.m. (CST) in the United States Courthouse, Fifth Floor, One North Palafox, Pensacola, Florida. All counsel of record for both sides in both cases must attend the conference either in person or by Zoom. Those who wish to attend by Zoom must email Barbara Rogers, Courtroom Deputy, at barbara_rogers@flnd.uscourts.gov by February 21, 2024, to obtain login information for the proceeding. The Clerk is directed to file a copy of this Order in each case listed above. Signed by JUDGE M CASEY RODGERS on 2/12/2024. (jcw)
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| Filing 4 Corporate Disclosure Statement/Certificate of Interested Persons by MEDTRONIC SOFAMOR DANEK USA INC, SPINALGRAFT TECHNOLOGIES LLC identifying Corporate Parent MEDTRONIC PLC for MEDTRONIC SOFAMOR DANEK USA INC, SPINALGRAFT TECHNOLOGIES LLC.. (MCKEE, TRACI) |
| Filing 3 NOTICE of Appearance by TRACI MCKEE on behalf of MEDTRONIC SOFAMOR DANEK USA INC, SPINALGRAFT TECHNOLOGIES LLC (MCKEE, TRACI) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #1 Notice of Removal (See proposed ISO). (jcw) |
| Filing 2 Corporate Disclosure Statement/Certificate of Interested Persons by Aziyo Biologics, Inc.. (GARRITY, JESSICA) |
| Filing 1 NOTICE OF REMOVAL by Aziyo Biologics, Inc. from Okaloosa, case number 2023-ca-004208. ( Filing fee $ 405 receipt number AFLNDC-8605569.), filed by Aziyo Biologics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet) (GARRITY, JESSICA) |
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