MSP Recovery Claims, Series LLC, et al v. C. R. Bard, Inc.,
Plaintiff: SERIES PMPI, a designated series of MAO-MSO RECOVERY II LLC, a Delaware series limited liability company, MSPA Claims 1, LLC., a Florida Limited liability company, MSP Recovery Claims, Series LLC, a Delaware series limited liability company, MSP Recovery Claims, Series LLC, SERIES PMPI and MSPA Claims 1, LLC
Defendant: C. R. Bard, Inc., a New Jersey for-profit corporation, C. R. Bard, Inc., Bard Peripheral Vascular, Inc. and Davol, Inc.
Case Number: 1:2018cv24511
Filed: October 29, 2018
Court: U.S. District Court for the Southern District of Florida
Presiding Judge: Robert N Scola
Referring Judge: Edwin G Torres
Nature of Suit: Contract: Recovery Medicare
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 27, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 27, 2018 Filing 38 Defendant's MOTION Response to Plaintiffs' Notice of Compliance with Court Order, and Notice of Plaintiffs' Continued NonCompliance with Court Orders Requiring Filing of Affidavit of Citizenship by C. R. Bard, Inc.. (Yagoda, Jay)
December 20, 2018 Filing 37 NOTICE of Compliance With Court Order by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, SERIES PMPI re (15 in 1:18-cv-24243-RNS, 15 in 1:18-cv-24243-RNS, 15 in 1:18-cv-24243-RNS, 15 in 1:18-cv-24243-RNS, 15 in 1:18-cv-24243-RNS, 15 in 1:18-cv-24243-RNS) Order on Motion to Stay,,,,,, Order on Motion for Extension of Time,,,,,, Order on Motion to Amend/Correct,,,,,, Order on Motion for Leave to File Excess Pages,,,,,, Order on Expedited Motion,,,,,,,,,,, (Attachments: #1 Affidavit MSP Recovery Claims, Series LLC, #2 Affidavit MSPA Claims 1, LLC, #3 Affidavit 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)
December 14, 2018 Opinion or Order Filing 36 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)
December 14, 2018 Filing 35 Defendant's MOTION for Leave to File Sur-Reply in Response to Plaintiffs' Reply in Support of Motion for Extension of Time to File Affidavit of Citizenship by Bard Peripheral Vascular, Inc., C. R. Bard, Inc., Davol, Inc.. (Attachments: #1 Exhibit 1)(Yagoda, Jay)
December 13, 2018 Opinion or Order Filing 34 ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Pretrial Non-Dispositive Matters and for a report andrecommendation on any dispositive matters. Motions referred to Judge Edwin G. Torres. Signed by Judge Robert N. Scola, Jr on 12/12/2018. See attached document for full details. (amb)
December 13, 2018 Filing 33 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)
December 11, 2018 Filing 32 Defendant's EXPEDITED MOTION to Compel Plaintiffs' Compliance with Court Order, or, in the Alternative, for an Enlargement of Time to Respond to Plaintiffs' Motion to Remand re #10 Order Referring Case to Magistrate Judge, #20 Plaintiff's MOTION to Remand to State Court by C. R. Bard, Inc.. (Yagoda, Jay)
December 10, 2018 Filing 31 Unopposed MOTION for Leave to File Excess Pages for Defendants' Response to Plaintiffs' Complaint and Amended Complaints for Pure Bill of Discovery by Bard Peripheral Vascular, Inc., C. R. Bard, Inc., Davol, Inc.. (Attachments: #1 Text of Proposed Order)(Yagoda, Jay)
December 10, 2018 Opinion or Order Filing 30 PAPERLESS ORDER: The Court grants #25 the Defendant's unopposed motion for extension of time. The Defendant shall respond to the Plaintiffs' #20 motion to remand on or before December 19, 2018. Signed by Judge Robert N. Scola, Jr. on 12/10/2018. (vgn)
December 10, 2018 Opinion or Order Filing 29 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)
December 6, 2018 Filing 28 RESPONSE in Opposition re #26 MOTION for Extension of Time TO FILE ITS AFFIDAVIT OF CITIZENSHIP re #10 Order Referring Case to Magistrate Judge, #27 MOTION to Amend/Correct #26 MOTION for Extension of Time TO FILE ITS AFFIDAVIT OF CITIZENSHIP re #10 Order Referring Case to Magistrate Judge filed by Bard Peripheral Vascular, Inc., C. R. Bard, Inc., Davol, Inc.. Replies due by 12/13/2018. (Yagoda, Jay)
December 5, 2018 Filing 27 MOTION to Amend/Correct #26 MOTION for Extension of Time TO FILE ITS AFFIDAVIT OF CITIZENSHIP re #10 Order Referring Case to Magistrate Judge by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, SERIES PMPI. Responses due by 12/19/2018 (Attachments: #1 Exhibit A)(Ruiz, John)
December 5, 2018 Filing 26 MOTION for Extension of Time TO FILE ITS AFFIDAVIT OF CITIZENSHIP re #10 Order Referring Case to Magistrate Judge by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, SERIES PMPI. Responses due by 12/19/2018 (Attachments: #1 Exhibit A)(Ruiz, John)
December 5, 2018 Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiffs' Motion to Remand to State Court by Bard Peripheral Vascular, Inc., C. R. Bard, Inc., Davol, Inc.. (Attachments: #1 Text of Proposed Order)(Gallo, Sabrina)
December 3, 2018 Filing 24 NOTICE of Attorney Appearance by John Hasan Ruiz on behalf of MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, SERIES PMPI (Ruiz, John)
November 30, 2018 Filing 23 Defendant's MOTION to Stay re #22 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, Plaintiffs' Complaint and Amended Complaint for Pure Bill of Discovery (Pending Disposition of Motion to Dismiss) by Bard Peripheral Vascular, Inc., C. R. Bard, Inc., Davol, Inc.. Responses due by 12/14/2018 (Gallo, Sabrina)
November 30, 2018 Filing 22 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, Plaintiffs' Complaint and Amended Complaint for Pure Bill of Discovery by Bard Peripheral Vascular, Inc., C. R. Bard, Inc., Davol, Inc.. Responses due by 12/14/2018 (Attachments: #1 Exhibit A, #2 Exhibit B)(Gallo, Sabrina)
November 29, 2018 Filing 21 Clerks Notice to Filer re #19 Motion for Extension of Time to File Response/Reply/Answer. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ail)
November 28, 2018 Filing 20 Plaintiff's MOTION to Remand to State Court by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, SERIES PMPI. (Ruiz, John)
November 27, 2018 Filing 19 Unopposed MOTION for Extension of Time to Respond to Defendants' Response to Plaintiffs' Complaint and Amended Complaints for Pure Bill of Discovery by Bard Peripheral Vascular, Inc., C. R. Bard, Inc.. (Attachments: #1 Text of Proposed Order)(Gallo, Sabrina)Text Modified on 11/29/2018 (ail).
November 23, 2018 Filing 18 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)
November 20, 2018 Opinion or Order Filing 17 Order Consolidating Related Cases. 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. The deadline for the Defendants to respond to the complaints is extended until 11/30/2018. Signed by Judge Robert N. Scola, Jr on 11/20/2018. See attached document for full details. (jas)
November 20, 2018 Opinion or Order Filing 16 PAPERLESS ORDER denying as moot #11 Motion for Transfer as per #15 . Signed by Magistrate Judge Edwin G. Torres on 11/20/2018. (EGT)
November 20, 2018 Opinion or Order Filing 15 ORDER TRANSFERRING CASE to Judge Robert N. Scola, Jr for all further proceedings, accepted and signed on 11/20/18. Judge Kathleen M. Williams no longer assigned to case. Signed by Judge Kathleen M. Williams on 11/19/2018. See attached document for full details. (lbc)
November 20, 2018 Filing 14 NOTICE by C. R. Bard, Inc. of Filing Copies of All Records and Proceedings in Underlying State Court Action (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Gallo, Sabrina)
November 20, 2018 Filing 13 STATUS REPORT of Removal by C. R. Bard, Inc. (Gallo, Sabrina)
November 19, 2018 Filing 12 Notice of Pending, Refiled, Related or Similar Actions by C. R. Bard, Inc. (Gallo, Sabrina)
November 13, 2018 Filing 11 Unopposed MOTION for Inter-District Transfer of Related Action by C. R. Bard, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit Composite Exhibit D, #5 Exhibit Composite Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Gallo, Sabrina)
November 8, 2018 Opinion or Order Filing 10 ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES Signed by Judge Kathleen M. Williams on 11/7/2018. See attached document for full details. (ail)
November 8, 2018 Filing 9 Corporate Disclosure Statement by C. R. Bard, Inc. identifying Corporate Parent C. R. Bard, Inc., Other Affiliate T. Rowe Price Group, Inc., Other Affiliate Becton, Dickinson and Company for C. R. Bard, Inc. (Gallo, Sabrina)
October 30, 2018 Filing 8 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (jc)
October 30, 2018 Opinion or Order Filing 6 PAPERLESS ORDER granting #5 Motion for Extension of Time, for good cause shown in Defendant's unopposed motion:Defendant shall have up to and including November 22, 2018, to file the Response/Answer to the Complaint. Signed by Magistrate Judge Edwin G. Torres on 10/30/2018. (EGT)
October 30, 2018 Filing 5 Unopposed MOTION for Extension of Time to Respond to the Complaint by C. R. Bard, Inc., a New Jersey for-profit corporation. Responses due by 11/13/2018 (Attachments: #1 Text of Proposed Order Order on Unopposed Motion for Extension of Time)(Yagoda, Jay)
October 30, 2018 Filing 4 Notice of Pending, Refiled, Related or Similar Actions by C. R. Bard, Inc., a New Jersey for-profit corporation (Yagoda, Jay)
October 29, 2018 Filing 7 CORRECTED Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (amb) Modified text on 10/30/2018 (jc).
October 29, 2018 Filing 3 NOTICE of Attorney Appearance by Jay Andrew Yagoda on behalf of C. R. Bard, Inc., a New Jersey for-profit corporation. Attorney Jay Andrew Yagoda added to party C. R. Bard, Inc., a New Jersey for-profit corporation(pty:dft). (Yagoda, Jay)
October 29, 2018 Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams (amb) Modified text on 10/30/2018 (jc).
October 29, 2018 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Pure Bill of Discovery) Filing fee $ 400.00 receipt number 113C-11113496, filed by C. R. Bard, Inc., a New Jersey for-profit corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Comosite 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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Plaintiff: SERIES PMPI, a designated series of MAO-MSO RECOVERY II LLC, a Delaware series limited liability company
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Plaintiff: MSPA Claims 1, LLC., a Florida Limited liability company
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Plaintiff: MSP Recovery Claims, Series LLC, a Delaware series limited liability company
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Plaintiff: MSP Recovery Claims, Series LLC
Represented By: John Hasan Ruiz
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Plaintiff: SERIES PMPI
Represented By: John Hasan Ruiz
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Plaintiff: MSPA Claims 1, LLC
Represented By: John Hasan Ruiz
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Defendant: C. R. Bard, Inc., a New Jersey for-profit corporation
Represented By: Jay Andrew Yagoda
Represented By: Sabrina R. Gallo
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Defendant: C. R. Bard, Inc.
Represented By: Jay Andrew Yagoda
Represented By: Sabrina R. Gallo
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Defendant: Bard Peripheral Vascular, Inc.
Represented By: Jay Andrew Yagoda
Represented By: Sabrina R. Gallo
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Defendant: Davol, Inc.
Represented By: Jay Andrew Yagoda
Represented By: Sabrina R. Gallo
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