Supple v. Penumbra, Inc.
| Frank Supple |
| Penumbra, Inc. |
| 1:2023cv24825 |
| December 20, 2023 |
| US District Court for the Southern District of Florida |
| James I Cohn |
| Alicia O Valle |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal-Product Liability |
| Defendant |
Docket Report
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This docket was last retrieved on February 7, 2024. A more recent docket listing may be available from PACER.
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Filing 26
ORDER OF DISMISSAL WITHOUT PREJUDICE: Granting #25 Motion for Voluntary Dismissal Without Prejudice. The Clerk of Court is DIRECTED to CLOSE the case and DENY any pending motions as moot. Closing Case. Signed by Senior Judge James I. Cohn on 2/7/2024. See attached document for full details. (scn)
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| Filing 25 Unopposed MOTION to Dismiss #11 Amended Complaint/Amended Notice of Removal PLAINTIFFS UNOPPOSED MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE by Frank Supple. Responses due by 2/21/2024. (Attachments: #1 PROPOSED AGREED ORDER ON PLAINTIFFS UNOPPOSED MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO RULE 41(a)2)(Jones, William) |
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Filing 24
ORDER REQUIRING MEDIATION. Signed by Magistrate Judge Alicia O. Valle on 1/31/2024. See attached document for full details. (sd01)
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Filing 23
SCHEDULING ORDER: Jury Trial set for 1/21/2025 in Fort Lauderdale Division before Senior Judge James I. Cohn. Signed by Magistrate Judge Alicia O. Valle on 1/31/2024. See attached document for full details. (wce) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 22 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia O. Valle: Scheduling Conference held on 1/31/2024. Court will enter separate Scheduling Order and Mediation Order. Total time in court: 20 minutes. Attorney Appearance(s): Victoria Nieves Sosa, William Randall Jones, III, (Audio Zoom Meeting 160 235 2428) (tpl) |
| Filing 21 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Penumbra, Inc.. (Cohen, Jordan) |
| Filing 20 Joint SCHEDULING REPORT - Rule 26(f) by Penumbra, Inc. (Cohen, Jordan) |
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Filing 19
ORDER TO SHOW CAUSE: Show Cause Response due by 1/31/2024. Signed by Senior Judge James I. Cohn on 1/29/2024. See attached document for full details. (wce)
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Filing 18
NOTICE REGARDING TELEPHONIC SCHEDULING CONFERENCE. The Scheduling Conference is set for Wednesday, January 31, 2024, at 2 p.m. Shortly before the conference time, the parties must dial (646) 828-7666, and, when prompted, enter Meeting ID 160 235 2428 followed by passcode 1234. All other terms of the prior #6 Order Setting Telephonic Scheduling Conference remain in effect. Signed by Magistrate Judge Alicia O. Valle on 1/18/2024. (lbe)
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Filing 17
ORDER GRANTING #14 JOINT MOTION FOR COMPLEX TRACK CASE MANAGEMENTPLAN: Accordingly, it is ORDERED AND ADJUDGED that the parties' Motion is GRANTED. Trial is reset for the two-week trial period commencing January 21, 2025, at 9:00 a.m., or as soon thereafter as the case may be called. Calendar Call is rescheduled for January 16, 2025, at 9:00 a.m.. Signed by Senior Judge James I. Cohn on 1/17/2024. See attached document for full details. (wce)
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| Filing 16 Clerk's Notice of Docket Correction re DE# 15 PAPERLESS Minute Entry. Set/Reset Hearings - Scheduling Conference set for 1/31/2024 02:00 PM before Magistrate Judge Alicia O. Valle. Docket Text Modified by Clerk. (sk) |
| Filing 15 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia O. Valle: Scheduling Conference continued to 1/31/2024 02:00 PM before Magistrate Judge Alicia O. Valle. Total time in court: 15 minutes. Attorney Appearance(s): Jordan Scott Cohen, Victoria Nieves Sosa, William Randall Jones, III, (Audio Zoom Meeting 161 400 4135) (tpl) Modified text/status per Chambers on 1/17/2024 (sk). |
| Filing 14 Joint MOTION for Complex Track Case Management Plan by Penumbra, Inc.. (Cohen, Jordan) |
| Filing 13 Statement of: JOINT STATEMENT CERTIFYING PARTIES CONFERRED ON ORDER SETTING TELEPHONIC CONFERENCE by Frank Supple (Jones, William) |
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Filing 12
PAPERLESS ORDER denying as moot #4 Defendants Motion to Dismiss in light of #11 Plaintiffs Amended Complaint. Signed by Judge James I. Cohn on 1/11/2024. (pjn).
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| Filing 11 Amended AMENDED COMPLAINT AMENDED COMPLAINT FOR DAMAGES against Penumbra, Inc., filed by Frank Supple.(Jones, William) |
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Filing 10
PAPERLESS ORDER denying #9 Plaintiffs Motion for Leave to File Amended Complaint. Plaintiffs Motion is unnecessary. Rule 15(a)(1)(B) provides that Plaintiff may amend his Complaint once as a matter of course 21 days after service of a motion to dismiss. Defendants Motion to Dismiss was filed on December 27, 2023, so Plaintiff is still within that time period. If Plaintiff wishes to amend his Complaint, he should do so pursuant to Rule 15(a)(1)(B). Signed by Judge James I. Cohn on 1/11/2024. (pjn).
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| Filing 9 RESPONSE to Motion re #4 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO DISMISS AND MOTION FOR LEAVE TO FILE AMENDED COMPLAINT filed by Frank Supple. Replies due by 1/17/2024. (Jones, William) |
| Filing 8 Initial Disclosure(s) of interested PLAINTIFFS RULE 26(a)(1) INITIAL DISCLOSURES by Frank Supple (Jones, William) |
| Filing 7 NOTICE of Voluntary Dismissal PLAINTIFFS VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF COUNTS V, COUNT VI AND COUNTS VII OF PLAINTIFFS COMPLAINT ONLY by Frank Supple (Jones, William) |
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Filing 6
ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE. Scheduling Conference set for 1/16/2024 at 2:00 PM before Magistrate Judge Alicia O. Valle. Signed by Magistrate Judge Alicia O. Valle on 1/3/2024. See attached document for full details. (lbe)
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| Filing 5 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Penumbra, Inc.. (Cohen, Jordan) |
| Filing 4 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, by Penumbra, Inc.. Responses due by 1/10/2024 (Attachments: #1 Exhibit A)(Cohen, Jordan) |
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Filing 3
ORDER SETTING CALENDAR CALL AND TRIAL DATE, AND ORDER OF REFERENCE TO UNITED STATES MAGISTRATE FOR SCHEDULING MATTERS AND PRETRIAL DISCOVERY MATTERS: Calendar Call set for 10/17/2024 9:00 AM before Senior Judge James I. Cohn. Jury Trial set for 10/21/2024 9:00 AM in Fort Lauderdale Division before Senior Judge James I. Cohn. ORDER REFERRING CASE to United States Magistrate Alicia O. Valle for appropriate disposition of all prohac vice motions, and all pretrial discovery motions, and all motions that relate directly to these motions, such as motions for extension of time, motions for reconsideration, motions for sanctions, and motions for mental or physical examinations. Signed by Senior Judge James I. Cohn on 12/20/2023. See attached document for full details. (wce) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 2 Clerks Notice of Judge Assignment to Senior Judge James I. Cohn. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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. (wce) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Frank Supple v. Penumbra, Inc.) Filing fee $ 405.00 receipt number AFLSDC-17159127, filed by Penumbra, Inc. (NoAnswer/ Motion to Dismiss Filed) (Attachments: #1 Exhibit A, #2 Docket Sheet, #3 01 - 2023 10 12 Civil Cover Sheet, #4 02 - 2023 10 12 Complaint, #5 03 - 2023 10 12 Notice of Taking Deposition Decues Tecum, #6 04 - 2023 11 13 Summons to Penumbra, Inc., #7 05 - 2023 10 12 Plainitff's Initial Interrogatories, #8 06 - 2023 10 12 Plaintiff's Initial Request for Production, #9 07 - 2023 11 13 Issued Summons, #10 Civil Cover Sheet)(Cohen, Jordan) Modified Text on 12/20/2023 (wce). |
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| Plaintiff: Frank Supple | |
| Represented By: | William Randall Jones, III |
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| Defendant: Penumbra, Inc. | |
| Represented By: | Jordan Scott Cohen |
| Represented By: | Victoria Nieves DeLeon |
| Represented By: | Victoria Nieves Sosa |
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