Ennix v. Abbott Laboratories
| Tiana Ennix |
| Abbott Laboratories |
| 0:2024cv61702 |
| September 14, 2024 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 Notice of Removal-Product Liability |
| Both |
Docket Report
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| Document Text |
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| Filing 21 ACKNOWLEDGMENT OF RECEIPT as to #20 Transmittal Letter Sent. (ebz) |
| Filing 20 Transmittal Letter Sent with Order to: 17th Judicial Circuit Court. State Court Case Number: CACE-23-020810 (Attachments: #1 Order) (ebz) |
Filing 19
ORDER granting #9 Motion to Remand to State Court. Signed by Judge Rodolfo A. Ruiz, II on 10/10/2024. See attached document for full details. (koy)
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| Filing 18 Plaintiff's REPLY to Response to Motion re #9 Plaintiff's MOTION to Remand to State Court filed by Tiana Ennix. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Migdal, Joshua) |
| Filing 17 RESPONSE in Opposition re #9 Plaintiff's MOTION to Remand to State Court filed by Abbott Laboratories. Replies due by 10/8/2024. (Cavaliere, Taylor) |
| Filing 16 NOTICE of Attorney Appearance by Charles Mark Garabedian, Jr on behalf of Tiana Ennix. Attorney Charles Mark Garabedian, Jr added to party Tiana Ennix(pty:pla). (Garabedian, Charles) |
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Filing 15
PAPERLESS ORDER denying #8 Plaintiff's Motion to Reopen Case and Restore Case to the Active Docket and #10 Plaintiff's Motion to Expedite the Briefing Schedule on Plaintiff's Motion to Remand. There is no good cause or emergency necessitating expedited briefing, nor does this matter need to be administratively reinstated or reopened in order for the Court to address #9 Plaintiff's Motion to Remand to State Court on the merits. Defendant shall file a response to the Motion to Remand within 14 days, and Plaintiff may respond within 7 days after Defendant has filed a response, in accordance with Local Rule 7.1(c).Moreover, having carefully reviewed the record, as well as numerous other actions by Defendant in matters related to the MDL, it appears that Defendant's actions have been rejected by the court overseeing the MDL. See In re Abbott Lab'ys, et al., Preterm Infant Nutrition Prod. Liab. Litig., No. MDL 3026, 2022 WL 7501283 (N.D. Ill. Oct. 12, 2022); In re Abbott Lab'ys Preterm Infant Nutrition Prod. Liab. Litig., No. 22 C 71, 2022 WL 3716277 (N.D. Ill. Aug. 29, 2022); In re Abbott Lab'ys, et al., Preterm Infant Nutrition Prod. Liab. Litig., No. 22 C 192, 2022 WL 2257182 (N.D. Ill. June 23, 2022). Thus, the Court sees two possible paths forward. First, the MDL may take up this case, which seems unlikely given the cited orders. Second, the removal may become moot if Plaintiff amends the Complaint to satisfy the notice requirements of Fla. Stat. 766.110 or the ninety-day waiting period elapses. See [ECF No. 9] at 4 & n.2. Accordingly, the Court will review the merits of this action's removal once the Motion to Remand is ripe. Signed by Judge Rodolfo A. Ruiz, II on 9/18/2024. (koy)
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| Filing 14 NOTICE with State Court Records by Abbott Laboratories re #1 Notice of Removal (State Court Complaint), (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79) (Cavaliere, Taylor) |
| Filing 13 NOTICE of Striking #4 Notice (Other),,,,,, filed by Abbott Laboratories by Abbott Laboratories (Cavaliere, Taylor) |
| Filing 12 NOTICE of Objection to Plaintiff's Motions to Reopen and Expedite Briefing by Abbott Laboratories (Cavaliere, Taylor) |
| Filing 11 Clerk's Notice to Filer re #4 Notice of Removal and Removal of Action Under 28 U.S.C. 1441 by Defendant Abbot Laboratories. Document Unreadable; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must file a Notice of Striking, then refile a legible copy of the document. (jas) |
| Filing 10 Plaintiff's MOTION to Expedite the Briefing Schedule on Plaintiff's Motion to Remand by Tiana Ennix. (Migdal, Joshua) |
| Filing 9 Plaintiff's MOTION to Remand to State Court by Tiana Ennix. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H)(Migdal, Joshua) |
| Filing 8 Plaintiff's MOTION to Reopen Case and Restore Case to the Active Docket by Tiana Ennix. (Migdal, Joshua) |
| Filing 7 Plaintiff's NOTICE of Intent to Oppose Abbott's Removal and Forthcoming Motion to Transfer this Action to MDL 3026 by Tiana Ennix. Attorney Ashley Heather Saul added to party Tiana Ennix(pty:pla). (Saul, Ashley) |
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Filing 6
ORDER CLOSING CASE FOR STATISTICAL PURPOSES AND PLACING MATTER IN CIVIL SUSPENSE FILE, ( Status Report due by 10/15/2024.) Signed by Judge Rodolfo A. Ruiz, II on 9/16/2024. See attached document for full details. (ebz)
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| Filing 5 Corporate Disclosure Statement by Abbott Laboratories (Cavaliere, Taylor) |
| Filing 4 STRICKEN. Notice of Removal and Removal of Action Under 28 U.S.C. 1441 by Defendant Abbot Laboratorieswith State Court Records by Abbott Laboratories re #1 Notice of Removal (State Court Complaint). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79) (Cavaliere, Taylor) Modified per DE #13 Notice of Striking on 9/19/2024 (ebz). |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. State Court Records not included. Filer is instructed to file a Notice (Other) with the State Court Records attached within 24 hours. (ar24) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (ar24) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - TIANA ENNIX, on her own behalf and as representative of the estate of IYIANA JOY MCLEOD, Deceased, Plaintiff v. Abbott Laboratories, Defendant) Filing fee $ 405.00 receipt number BFLSDC-17834826, filed by Abbott Laboratories. (Attachments: #1 Civil Cover Sheet)(Cavaliere, Taylor) No Answer / Motion to Dismiss filed. Modified on 9/16/2024 (ar24). |
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| Defendant: Abbott Laboratories | |
| Represented By: | Taylor Rose Cavaliere |
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| Plaintiff: Tiana Ennix | |
| Represented By: | Charles Mark Garabedian, Jr. |
| Represented By: | Ashley Heather Saul |
| Represented By: | Joshua Adam Migdal |
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