Papastavros v. C.R.Bard, Inc. et al
| Maickoll Papastavros |
| C.R.Bard, Inc., Davol, Inc. and Becton Dickinson and Company |
| 1:2021cv22966 |
| August 16, 2021 |
| US District Court for the Southern District of Florida |
| Chris M McAliley |
| Kathleen M Williams |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 14, 2021. A more recent docket listing may be available from PACER.
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| Filing 22 MOTION TO DISMISS #20 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Becton Dickinson and Company, C.R.Bard, Inc.. Responses due by 10/28/2021 (Lagos, Alexandra) |
Filing 21
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On September 7, 2021, Defendants filed #13 the Motion to Dismiss the State Court Complaint in this matter. On September 20, 2021, Plaintiff filed #19 the Motion for Extension of Time to Respond to #13 Defendants' Motion to Dismiss. However, on September 30, 2021, Plaintiff filed #20 the Second Amended Complaint. Accordingly, it is ORDERED AND ADJUDGED that #13 Defendants' Motion to Dismiss the State Court Complaint and #19 Plaintiff's Motion for Extension of Time are DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 9/30/2021. (sgm)
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| Filing 20 Second AMENDED COMPLAINT against All Defendants, filed by Maickoll Papastavros.(Dandashly, Mustafa) |
| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #13 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, Amended Complaint by Maickoll Papastavros. (Attachments: #1 Text of Proposed Order)(Dandashly, Mustafa) |
| Filing 18 CLERK'S NOTICE - Attorney Admissions has not updated email information for attorney Alexandra Bach Lagos re #15 Notice of Change of Address, Email or Law Firm Name. Attorney has not followed the required procedures for updating their email information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their email information. The Court is not responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (cw) |
| Filing 17 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Alexandra Bach Lagos re #15 Notice of Change of Address, Email or Law Firm Name. Attorney Alexandra Bach Lagos has not completed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
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Filing 16
PAPERLESS ORDER DISMISSING DEFENDANT. THIS MATTER is before the Court on #8 Plaintiff's notice of voluntary dismissal of its claims against Defendant Becton Dickinson and Company. Upon review of the Notice and the record, it is ORDERED AND ADJUDGED that Plaintiff's claims against Defendant Becton Dickinson and Company are DISMISSED WITHOUT PREJUDICE. However, this case remains open to all remaining defendants. Signed by Judge Kathleen M. Williams on 9/8/2021. (sgm)
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| Filing 15 NOTICE of Change of Address, Email or Law Firm Name by Alexandra Bach Lagos (Lagos, Alexandra) |
| Filing 14 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Maickoll Papastavros (Dandashly, Mustafa) |
| Filing 13 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, Amended Complaint by C.R.Bard, Inc., Davol, Inc.. Responses due by 9/21/2021 (Gallo, Sabrina) |
| Filing 12 Corporate Disclosure Statement by C.R.Bard, Inc., Davol, Inc. identifying Corporate Parent Becton Dickinson and Company for C.R.Bard, Inc., Davol, Inc. (Gallo, Sabrina) |
| Filing 11 Joint SCHEDULING REPORT - Rule 16.1 by C.R.Bard, Inc., Davol, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gallo, Sabrina) |
| Filing 10 NOTICE by C.R.Bard, Inc., Davol, Inc. re #3 Notice of Court Practice/to Appear/Other,, Order Referring Case to Magistrate Judge, (NOTICE OF STATE COURT DOCKET ENTRIES (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V) (Gallo, Sabrina) |
| Filing 9 STATUS REPORT (REMOVAL) by Becton Dickinson and Company, C.R.Bard, Inc., Davol, Inc. (Gallo, Sabrina) |
| Filing 8 NOTICE of Voluntary Dismissal without prejudice as to Beckton Dickinson and Company Only by Maickoll Papastavros (Dandashly, Mustafa) |
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Filing 7
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On August 17, 2021, the Court entered #3 the Order of Referral and Notice of Court Practice in Removal Cases. Per #3 the Order, "Counsel for the removing party is directed to file a Removal Status Report within ten (10) days from the date of this Order. In addition to the Removal Status Report, counsel for the removing party must file a Notice that includes copies of all records and proceedings in the underlying state court case by the aforementioned date and in the format specified [in the Order]. Failure to file a timely Removal Status Report shall be grounds for remand. Additionally, Counsel's failure to timely file a Notice with all relevant state court pleadings shall be interpreted as an abandonment of Federal jurisdiction and will result in remand of the case." To date, counsel for the removing party has failed to file either the Removal Status Report or a notice with all relevant state court pleadings. #3 The Order also directed the Parties to file a joint conference report and a joint proposed scheduling order "within fourteen (14) days from the date of this order." However, to date, the Parties have failed to file the report and proposed scheduling order.Accordingly, it is ORDERED AND ADJUDGED that the Parties will comply fully with #3 the Order of Referral and Notice of Court Practice in Removal Cases on or before September 7, 2021 at 5:00 PM. If any party fails to comply with #3 the Order as directed, the Court will remand this matter back to state court. Additionally, moving forward, the Parties are advised that the Court will impose sanctions on any party that fails to comply with #3 the Order of Referral. Signed by Judge Kathleen M. Williams on 9/3/2021. (sgm)
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Filing 6
PAPERLESS ORDER. THIS MATTER is before the Court on #5 Defendants' Unopposed Motion for Extension. It is ORDERED AND ADJUDGED that #5 Defendants' Unopposed Motion for Extension of Time to Respond to the Complaint is GRANTED. Defendants shall file a response to the Complaint on or before September 7, 2021. Signed by Judge Kathleen M. Williams on 8/18/2021. (sgm)
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| Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),, by Becton Dickinson and Company, C.R.Bard, Inc., Davol, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Gallo, Sabrina) |
| Filing 4 NOTICE by Becton Dickinson and Company, C.R.Bard, Inc., Davol, Inc. re #1 Notice of Removal (State Court Complaint),, OF CONSENT TO REMOVAL (Gallo, Sabrina) |
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Filing 3
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES: ORDER REFERRING CASE to Magistrate Judge Chris M. McAliley for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 8/17/2021. See attached document for full details. (scn)
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| Filing 2 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 Chris M. McAliley 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. (scn) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Amended Complaint for Damages) Filing fee $ 402.00 receipt number AFLSDC-14931399, filed by Becton Dickinson and Company, Davol, Inc., C.R.Bard, Inc. (No Answer filed/No Motion to Dismiss filed) (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - Court Docket, #3 Exhibit C - ROS Becton, #4 Exhibit D - ROS C.R. Bard, #5 Exhibit E - ROS Davol, #6 Exhibit F - NOF Notice of Removal, #7 Exhibit G - Def's Notice of Consent, #8 Civil Cover Sheet)(Gallo, Sabrina) Text Modified on 8/16/2021 (scn). |
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