MSP Recovery Claims, Series LLC et al v. C. R. Bard, Inc. et al
| MSPA Claims 1, LLC, MSP Recovery Claims, Series LLC and SERIES PMPI |
| Bard Peripheral Vascular, Inc. and C.R. Bard, Inc. |
| 1:2018cv24248 |
| October 16, 2018 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Robert N Scola |
| Andrea M Simonton |
| Contract: Recovery Medicare |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on December 14, 2018. A more recent docket listing may be available from PACER.
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Filing 18
PAPERLESS OMNIBUS ORDER in case 1:18-cv-24243-RNS; denying (35) Motion for Leave to File Sur-Reply; granting (23) Motion to Stay Briefing; denying as moot (26) Motion for Extension of Time; granting in part and denying in part (27) Motion for Extension of Time to File Affidavit of Citizenship; denying (31) Motion for Leave to File Excess Pages; granting (32) Expedited Motion to Compel.First, the Court finds good cause to stay briefing on the filed motion to dismiss pending resolution of the motion to remand that is also pending.Second, in relation to the motion for remand, Plaintiff must comply with the Court's existing Order directing the filing of an affidavit of member citizenship, which is relevant to Plaintiff's own motion for remand. The Court finds good cause to extend the time to comply with that Order but only through December 21, 2018.Third, the response to the motion for remand shall then be filed by 1/7/2018, which response shall set forth any authority for the recognition of federal subject matter jurisdiction over actions for equitable bills of discovery. Signed by Magistrate Judge Edwin G. Torres on 12/14/2018. Associated Cases: 1:18-cv-24511-RNS, 1:18-cv-24243-RNS, 1:18-cv-24246-RNS, 1:18-cv-24248-RNS (EGT)
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| Filing 17 REPLY to Response to Motion re (26 in 1:18-cv-24511-RNS) MOTION for Extension of Time TO FILE ITS AFFIDAVIT OF CITIZENSHIP re (10) Order Referring Case to Magistrate Judge filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, SERIES PMPI. Associated Cases: 1:18-cv-24511-RNS, 1:18-cv-24243-RNS, 1:18-cv-24246-RNS, 1:18-cv-24248-RNS(Ruiz, John) |
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Filing 16
PAPERLESS ORDER: The Court denies as moot 19 the Defendant's motion for enlargement of time. The Court's recent #17 order consolidating this and other related cases stated that a response was to be filed by November 30, 2018. Accordingly, the Defendant filed its motion to dismiss on November 30, 2018. Signed by Judge Robert N. Scola, Jr on 12/10/2018. (vgn)
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| Filing 15 First SCHEDULING REPORT - Rule 16.1 by MSP Recovery Claims, Series LLC (Attachments: #1 Exhibit Exhibit A - Scheduling Timeline, #2 Text of Proposed Order Proposed Scheduling Order)Associated Cases: 1:18-cv-24511-RNS, 1:18-cv-24243-RNS, 1:18-cv-24246-RNS, 1:18-cv-24248-RNS(Ruiz, John) |
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Filing 14
Order Consolidating Related Cases and Administratively Closing Case. 18-cv-24248-RNS, 18-cv-24246-RNS, and 18-cv-24243-RNS is consolidated with 18-cv-24511-RNS. All future filings in the four actions must be filed in case number 18-cv-24511-RNS. Signed by Judge Robert N. Scola, Jr on 11/20/2018. See attached document for full details. (jas)
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Filing 13
PAPERLESS ORDER withdrawing reference to Magistrate Judge Andrea M. Simonton and referring case to Magistrate Judge Edwin G. Torres for all non-dispositive pretrial and discovery motions in this case, as well as any pretrial or post-trial motions related to attorneys' fees, costs, or sanctions. Signed by Judge Robert N. Scola, Jr. (zlz)
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| Filing 12 Joint SCHEDULING REPORT - Rule 16.1 by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, SERIES PMPI (Attachments: #1 Exhibit A, #2 Text of Proposed Order Proposed Order)(Ruiz, John) |
| Filing 11 Corporate Disclosure Statement by Bard Peripheral Vascular, Inc., C.R. Bard, Inc. identifying Corporate Parent C. R. Bard, Inc., Other Affiliate T. Rowe Price Group, Inc., Other Affiliate Bard Peripheral Vascular, Inc., Other Affiliate Becton, Dickinson and Company for Bard Peripheral Vascular, Inc., C.R. Bard, Inc. (Gallo, Sabrina) |
| Filing 10 NOTICE by Bard Peripheral Vascular, Inc., C.R. Bard, Inc. re #1 Notice of Removal (State Court Complaint),, OF CONSENT to Removal (Gallo, Sabrina) |
| Filing 8 NOTICE of Attorney Appearance by John Hasan Ruiz on behalf of MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, SERIES PMPI (Ruiz, John) |
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Filing 9
ORDER TRANSFERRING CASE to Judge Robert N. Scola, Jr for all further proceedings, accepted and signed on 10/22/2018. Chief Judge K. Michael Moore no longer assigned to case Signed by Chief Judge K. Michael Moore on 10/22/2018. See attached document for full details. (vmz)
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| Set/Reset Answer Due Deadline per Order DE# 7 : Bard Peripheral Vascular, Inc. response due 11/22/2018; C.R. Bard, Inc. response due 11/22/2018. (lh) |
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Filing 7
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for an Extension of Time to Respond to the Amended Complaint. #5 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED and ADJUDGED that the Motion #5 is GRANTED. Defendants shall respond to the Amended Complaint on or before November 22, 2018. Signed by Chief Judge K. Michael Moore on 10/19/2018. (jm01)
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| Filing 6 Notice of Pending, Refiled, Related or Similar Actions by Bard Peripheral Vascular, Inc., C.R. Bard, Inc. (Gallo, Sabrina) |
| Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiffs' Amended Complaint for Pure Bill of Discovery by Bard Peripheral Vascular, Inc., C.R. Bard, Inc.. (Attachments: #1 Text of Proposed Order)(Gallo, Sabrina) |
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Filing 4
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO CHIEF MAGISTRATE JUDGE ANDREA M. SIMONTON. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Andrea M. Simonton to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Andrea M. Simonton's discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge Simonton, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 10/17/2018. (ah03)
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Filing 3
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one-inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 10/17/2018. (ah03)
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| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Ch. Magistrate Judge Andrea M. Simonton. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 400.00 receipt number 113C-11079112, filed by C. R. Bard, Inc., Bard Peripheral Vascular, Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Composite Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit Composite Exhibit D, #6 Exhibit Composite Exhibit E, #7 Exhibit F, #8 Exhibit Composite Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit Composite Exhibit J, #12 Exhibit Composite Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit Composite Exhibit N, #16 Exhibit O, #17 Exhibit Composite Exhibit P)(Gallo, Sabrina) |
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