Aburomi v. Zantac Products
| Mohammad A. Aburomi |
| Zantac Products and Sanofi Aventis U.S. LLC |
| 1:2025cv23176 |
| July 16, 2025 |
| U.S. District Court for the Southern District of Florida |
| Enjolique A Lett |
| K Michael Moore |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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| Filing 18 Consent by Pro Se Litigant (Non-Prisoner) Mohammad A. Aburomi to receive Notices of Electronic Filing at email address: [email protected] (scn) |
Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Extension of Time to File a Joint Scheduling Report. #15 . Therein, Plaintiff seeks an extension of "thirty (30) days after service of process is completed on all defendants" to hold the joint scheduling conference and file the joint scheduling report because he is still attempting to comply with the Clerk's Notice requiring him to refile proposed summonses. Id. at 2. "A document filed pro se is 'to be liberally construed.'" Erickson v. Pardus, 551 U.S. 89, 94 (2007) (internal citation omitted). Because Plaintiff has not filed corrected summonses by the deadline and appears to need additional time to do so as well as to hold the joint scheduling conference and file the joint scheduling report, the Court will construe the Motion as seeking an extension of time to file a joint scheduling report and a Notice of Filing Proposed Summons(es). Separately, upon a sua sponte examination of Plaintiff's Amended Complaint against Defendant Sanofi Aventis U.S. LLC (ECF No. 16), the Court notes several deficiencies. First, as Defendant Sanofi Aventis U.S. LLC is a limited liability company ("LLC"), Plaintiff must allege the citizenship of each member of the LLC to assert diversity jurisdiction, not just where the organization is headquartered or incorporated. See Purchasing Power, LLC v. Bluestem Brands, Inc., 851 F.3d 1218, 1220 (11th Cir. 2017) ("When determining citizenship of the parties for diversity jurisdiction purposes, a limited liability company (LLC) is a citizen of every state that any member is a citizen of."). Further, the Amended Complaint only pertains to Defendant Sanofi Aventis U.S. LLC. If Plaintiff wishes to assert the Amended Complaint against both Defendant Zantac Products and Defendant Sanofi Aventis U.S. LLC, Plaintiff must file one consolidated complaint against both Defendants. While the Court is cognizant that Plaintiff is proceeding pro se and states that he is "acting diligently and in good faith," pro se litigants are still expected to comply with the Federal Rules of Civil Procedure and Local Rules for the Southern District of Florida. (ECF No. 15) at 2. Should Plaintiff seek to amend, such deficiencies must be addressed. Accordingly, 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 #15 is GRANTED IN PART. 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 forty (40) days after this Order, whichever occurs first. Within ten (10) days of the scheduling conference, the Parties shall file a joint scheduling report. Plaintiff shall file a Notice of Filing Proposed Summonses that contains the corrected proposed summonses as to both Defendants on or before January 5, 2026. It is FURTHER ORDERED that Plaintiff shall file an Amended Complaint that addresses the deficiencies discussed above on or before January 9, 2026. Signed by Judge K. Michael Moore on 12/29/2025. (ss02)
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| Filing 16 AMENDED COMPLAINT against Sanofi Aventis U.S. LLC, filed by Mohammad A. Aburomi.(wce) |
| Filing 15 MOTION for Extension of Time to File A Joint Scheduling Report re 7 Pretrial Order by Mohammad A. Aburomi. Responses due by 1/5/2026. (wce) |
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Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Reopen Case. #11 . Therein, Plaintiff seeks to reopen the case upon his filing a Notice of Proposed Summons (ECF No. 12) in accordance with this Court's Paperless Order (ECF No. 10). UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, the Motion #11 is GRANTED. The Clerk of Court is INSTRUCTED to REOPEN this case. It is FURTHER ORDERED that on or before December 22, 2025, Plaintiff is DIRECTED to: (1) comply with the Clerk's Notice (ECF No. 13) requiring him to file a Notice of Filing Proposed Summons(es) with corrected summons attached; and (2) file a motion seeking an extension of time to hold a joint scheduling conference and file a joint scheduling report, as required in this Court's Paperless Pretrial Order (ECF No. 7). Signed by Judge K. Michael Moore on 12/15/2025. (ss02)
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| Filing 13 Clerk's Notice to Filer re: Summons(es) will not be issued. The party(ies) on the summons(es) does not match the initiating documents. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (wce) |
| Filing 12 NOTICE of Filing Proposed Summons(es) by Mohammad A. Aburomi re #9 Order on Motion for Leave to Proceed in forma pauperis. (wce) |
| Filing 11 Plaintiff's Motion to Reopen Case by Mohammad A. Aburomi. (wce) |
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On October 28, 2025, Magistrate Judge Enjolique A. Lett entered an Order (ECF No. 9) granting Plaintiff's Motion for Leave to Proceed In Forma Pauperis and requiring Plaintiff to file a Notice of Proposed Summons on or before November 4, 2025. Id. Although Plaintiff informed the Clerk of Court that he had mailed a summons packet on November 2, 2025, to date no proposed summonses have been filed. Accordingly, based on the foregoing, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Plaintiff may move to reopen this case upon filing of a Notice of Proposed Summons. The Court also reminds Plaintiff that while he must file documents conventionally, he may still receive electronic notices of court filings if he wishes by filing the form "Consent by Pro Se Litigants (Non-Prisoner) to Receive Notice of Electronic Filing" found on the Court's website at http://www.flsd.uscourts.gov/forms/consent-pro-se-litigant-non-prisoner-receive-nefs. Signed by Judge K. Michael Moore on 11/29/2025. (ss01)
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Filing 9
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. USM Service Ordered and Summonses NOT provided for USM Service. Plaintiff must file a Notice of Proposed Summons on or before November 4, 2025. Signed by Magistrate Judge Enjolique A. Lett on 10/28/2025. See attached document for full details. (awr)
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Filing 8
PAPERLESS ORDER REFERRING CASE. 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 hereby referred to Magistrate Judge Enjolique A. Lett to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge K. Michael Moore on 8/6/2025. (ss01)
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Filing 7
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff 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, the parties shall file a joint scheduling report. Failure 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 8/6/2025. (ss01)
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Filing 6
ORDER OF REASSIGNMENT: re #5 Plaintiff's Motion for Case Reassignment. REASSIGNING CASE to Judge K. Michael Moore and Magistrate Judge Enjolique A. Lett for all further proceedings. Signed by Magistrate Judge Enjolique A. Lett on 8/4/2025. See attached document for full details. (wce)
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| Filing 5 PLAINTIFF'S MOTION FOR CASE REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE by Mohammad A. Aburomi. (wce) |
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Filing 4
ORDER ON ASSIGNMENT OF NON-PRISONER PRO SE CASE AND INSTRUCTIONS TO PRO SE LITIGANT Signed by Magistrate Judge Enjolique A. Lett on 7/24/2025. See attached document for full details. (ar24)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Mohammad A. Aburomi. (pc) |
| Filing 2 Judge Assignment to Magistrate Judge Enjolique A. Lett (pc) |
| Filing 1 COMPLAINT against Zantac Products. Filing fees $ 405.00. IFP Filed, filed by Mohammad A. Aburomi. (Attachments: #1 Civil Cover Sheet)(pc) |
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