Express Gene LLC v. Tecan US, Inc.
| Express Gene LLC doing business as EXPRESS GENE MOLECULAR DIAGNOSTICS LABORATORY |
| Tecan US, Inc. |
| 1:2023cv21486 |
| April 19, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 20 ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in EASTERN DISTRICT OF NORTH CAROLINA as case 5:23-cv-00305, filed 06/08/2023. (bb) |
Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion to Transfer to the Eastern District of North Carolina ("Mot") #16 and Notice by Plaintiff's Notice of No Opposition to Defendant's Motion ("Notice") #18 . Defendant argues that Plaintiff filed this lawsuit in the wrong venue, and in fact, the purchase order that forms the subject of the lawsuit contains a forum-selection clause requiring litigation in the United States District Court for the Eastern District of North Carolina. See generally Mot. Plaintiff does not oppose Defendant's motion. See generally Notice. UPON CONSIDERATION of the Motion, and the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion to Transfer Case #16 is GRANTED. The Clerk of Court is instructed to transfer this case to the United States District Court for the Eastern District of North Carolina. Signed by Judge K. Michael Moore on 6/8/2023. (rhr)
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| Civil Case Terminated per DE#19. Closing Case. (scn) |
| SYSTEM ENTRY - Case 1:23-cv-21486 electronically transferred out to North Carolina Eastern. (scn) |
| Filing 18 NOTICE by Express Gene LLC re #16 Defendant's MOTION to Transfer to the Eastern District of North Carolina and Supporting Memorandum of Law of No Opposition (Ayala Maura, Eduardo) |
| Filing 17 Defendant's MOTION to Stay re #16 Defendant's MOTION to Transfer to the Eastern District of North Carolina and Supporting Memorandum of Law by Tecan US, Inc.. Responses due by 6/15/2023 (Silverglate, Spencer) |
| Filing 16 Defendant's MOTION to Transfer to the Eastern District of North Carolina and Supporting Memorandum of Law by Tecan US, Inc.. (Silverglate, Spencer) |
| Filing 15 NOTICE of Attorney Appearance by Aaron Scott Finesilver on behalf of Tecan US, Inc.. Attorney Aaron Scott Finesilver added to party Tecan US, Inc.(pty:dft). (Finesilver, Aaron) |
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Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Extension of Time to Respond to Amended Complaint. #13 . 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 #13 is GRANTED. Defendant shall respond to Plaintiff's Amended Complaint #10 on or before June 1, 2023. Signed by Judge K. Michael Moore on 5/15/2023. (fpi)
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #10 Amended Complaint/Amended Notice of Removal by Tecan US, Inc.. Attorney Spencer Hal Silverglate added to party Tecan US, Inc.(pty:dft). (Silverglate, Spencer) |
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Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon the filing of Plaintiff's Motion to Reopen Case. 48 . On April 26, 2023, the Court entered an Order #8 dismissing the instant matter without prejudice based on a lack of subject matter jurisdiction. The Plaintiff has since filed an Amended Complaint #10 purporting to properly assert the basis for this Court's jurisdiction. 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 the Motion 48 is GRANTED. The Clerk of Court is directed to REOPEN this case. All previously issued orders in this action remain in effect except those inconsistent with this Order. The Parties shall move the Court to reopen any previously filed motions that were mooted when this case was closed. Signed by Judge K. Michael Moore on 5/11/2023. (rhr)
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| Filing 11 Plaintiff's MOTION to Reopen Case by Express Gene LLC. (Attachments: #1 Text of Proposed Order)(Ayala Maura, Eduardo) |
| Filing 10 First AMENDED COMPLAINT against All Defendants, filed by Express Gene LLC.(Ayala Maura, Eduardo) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Express Gene LLC. Tecan US, Inc. served on 4/21/2023, response/answer due 5/12/2023. (Ayala Maura, Eduardo) |
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Filing 8
ORDER Dismissing Case / Closing Case. Signed by Judge K. Michael Moore on 4/26/2023. See attached document for full details. (rhr)
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Filing 7
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis 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 Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 4/19/2023. (rhr)
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Filing 6
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. 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 no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. 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 possibilities for 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. 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. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) 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 Judge K. Michael Moore on 4/19/2023. (rhr)
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| Filing 5 Bar Letter re: Admissions sent to attorney Ryan M. Sawal, mailing date April 19, 2023, (pt) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. Alias Not Added. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (rbe) |
| Filing 3 Summons Issued as to Tecan US, Inc. (rbe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (rbe) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16551276, filed by Express Gene LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Ayala Maura, Eduardo) |
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