Leiblein v. Aesculap Implant Systems, LLC et al
| LAUREL A. LEIBLEIN |
| AESCULAP IMPLANT SYSTEMS, LLC, Michael P. McGee, Bended Knee Joint Technologies, LLC and Does 1 through 100, inclusive |
| 2:2019cv14234 |
| July 10, 2019 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| Robin L Rosenberg |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 6, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 25 REPLY to Response to Motion re #7 MOTION to Dismiss 4 Order,,, Defendants Michael P. McGee and Bended Knee Joint Technologies, LLC for Fraudulent Joinder filed by Aesculap Implant Systems, LLC. (Baker, Amy) |
Filing 24
PAPERLESS ORDER. The Court construes Plaintiff's filing at docket entry 23 as a response to Defendant's Motion to Dismiss. Defendant is ordered to file a reply to Plaintiff's response by 4:00 p.m. on September 6, 2019. Signed by Judge Robin L. Rosenberg on 9/5/2019. (bkd)
|
| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE re 22 Order,, 21 Order to Show Cause,, by Laurel A. Leiblein. (Attachments: #1 Exhibit Exhibit A)(Osborne, Joseph) |
|
Filing 22
PAPERLESS ORDER correcting scrivener's error. The Court's Order to Show Cause at docket entry 21 should read as follows: Plaintiff's Response to Defendant's Motion to Dismiss was due on 8/23/2019. No response appears in the court file. Accordingly, Plaintiff shall show cause, in writing, why the Motion to Dismiss should not be granted by 8/28/2019. Plaintiff shall also explain why Plaintiff did not file a response. Plaintiff's failure to comply with this Order to Show Cause may result in the Court granting the Motion by default pursuant to Local Rule 7.1(a)(3). Signed by Judge Robin L. Rosenberg on 8/27/2019. (bkd)
|
|
Filing 21
PAPERLESS ORDER TO SHOW CAUSE. Plaintiff's Response to Defendant's Motion to Dismiss was due on 8/23/2019. No response appears in the court file. Accordingly, Plaintiff shall show cause, in writing, why the Motion to Dismiss should be granted by 8/28/2019. Plaintiff shall also explain why Plaintiff did not file a response. Plaintiff's failure to comply with this Order to Show Cause may result in the Court granting the Motion by default pursuant to Local Rule 7.1(a)(3). Signed by Judge Robin L. Rosenberg on 8/27/2019. (bkd)
|
|
Filing 20
PAPERLESS ORDER granting #19 Motion for Clarification. Plaintiff's Response to Defendant's Motion to Dismiss remains due on 8/23/19. Signed by Judge Robin L. Rosenberg on 8/23/2019. (bkd)
|
| Filing 19 Plaintiff's MOTION for clarification 16 Order on Motion for Extension of Time to File Response/Reply/Answer, by Laurel A. Leiblein. Responses due by 9/6/2019 (Osborne, Joseph) |
| Filing 18 RESPONSE to Motion re #8 Plaintiff's MOTION to Remand to State Court filed by Bended Knee Joint Technologies, LLC, Michael P. McGee. Replies due by 8/23/2019. (Attachments: #1 Affidavit)(Kissner, Michael) |
| Filing 17 RESPONSE in Opposition re #8 Plaintiff's MOTION to Remand to State Court filed by Aesculap Implant Systems, LLC. Replies due by 8/23/2019. (Baker, Amy) |
|
Filing 16
PAPERLESS ORDER granting in part and denying in part #15 Motion for Extension of Time to File Response. Re: #7 MOTION to Dismiss 4 Order, Defendants Michael P. McGee and Bended Knee Joint Technologies, LLC for Fraudulent Joinder filed by Aesculap Implant Systems, LLC. Response due by 8/23/2019. Signed by Judge Robin L. Rosenberg on 8/16/2019. (bkd)
|
| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #7 MOTION to Dismiss 4 Order,,, Defendants Michael P. McGee and Bended Knee Joint Technologies, LLC for Fraudulent Joinder by Laurel A. Leiblein. (Osborne, Joseph) |
| Filing 14 NOTICE OF CONVENTIONAL FILING of #13 Notice of Consent to Join, #12 Notice of Attorney Appearance by Bended Knee Joint Technologies, LLC, Michael P. McGee (drz) |
| Filing 13 NOTICE OF Joinder in and Consent to Removal as party plaintiff by Michael Gerard Kissner, Jr on behalf of Bended Knee Joint Technologies, LLC, Michael P. McGee (drz) |
| Filing 12 NOTICE of Attorney Appearance by Michael Gerard Kissner, Jr on behalf of Bended Knee Joint Technologies, LLC, Michael P. McGee. (drz) |
| Filing 11 STATUS REPORT Removal - Corrected by Aesculap Implant Systems, LLC (Baker, Amy) |
| Filing 10 NOTICE by Aesculap Implant Systems, LLC re #1 Notice of Removal (State Court Complaint),, #3 Notice of Court Practice/to Appear/Other Notice of Filing State Court Documents (Attachments: #1 Exhibit A - Aesculap Answer to Complaint, #2 Exhibit B - Dopson Pro Hac Vice Motion, #3 Exhibit C - Tranen Pro Hac Vice Motion, #4 Exhibit D - Aesculap Motion to Compel, #5 Exhibit E - Plaintiff Motion for Enlargement of time, #6 Exhibit F - Notice of Remand (state court)) (Baker, Amy) |
| Filing 9 STATUS REPORT Removal by Aesculap Implant Systems, LLC (Baker, Amy) |
| Filing 8 Plaintiff's MOTION to Remand to State Court by Laurel A. Leiblein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Osborne, Joseph) |
| Filing 7 MOTION to Dismiss 4 Order,,, Defendants Michael P. McGee and Bended Knee Joint Technologies, LLC for Fraudulent Joinder by Aesculap Implant Systems, LLC. Responses due by 8/16/2019 (Attachments: #1 Exhibit A)(Baker, Amy) |
| Filing 6 RESPONSE to 4 Order,,, by Aesculap Implant Systems, LLC. (Baker, Amy) |
|
Filing 4
PAPERLESS ORDER. Defendant contends in its Notice of Removal that this Court has jurisdiction under 28 U.S.C. 1332. Defendant has not adequately alleged complete diversity of the parties. For diversity jurisdiction, the citizenship of an L.L.C. is the citizenship of its members. See Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). Although Defendant contends that some of the Defendant limited liability companys in this case were fraudulent joined, Defendant has not moved for an affirmative finding on this point nor has Defendant adequately alleged the citizenship of the members of the L.L.C. that it contends was not fraudulently joined. Accordingly, by August 2, 2019, Defendant shall file a response to this Order. Signed by Judge Robin L. Rosenberg on 7/30/2019. (bkd)
|
|
Filing 5
ORDER SETTING STATUS CONFERENCE, CALENDAR CALL, AND TRIAL DATE, ORDER OF REQUIREMENTS, AND ORDER OF REFERENCE TO MAGISTRATE JUDGE: ( Jury Trial set for 7/20/2020 09:00 AM in Fort Pierce Division before Judge Robin L. Rosenberg., Calendar Call set for 7/15/2020 09:00 AM before Judge Robin L. Rosenberg., Status Conference set for 6/17/2020 09:30 AM before Judge Robin L. Rosenberg.), Order of Court-Mandated Requirements in, ORDER REFERRING CASE to Magistrate Judge Shaniek M. Maynard. Signed by Judge Robin L. Rosenberg on 7/29/2019. See attached document for full details. (drz) #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.
|
| Filing 3 Notice of Court Practice in removal cases. Signed by Judge Robin L. Rosenberg on 7/29/2019. See attached document for full details. (lk) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (mc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - 19th Judicial Circuit, Indian River, Florida) Filing fee $ 400.00 receipt number 113C-11801142, filed by Aesculap Implant Systems, LLC. (Attachments: #1 Affidavit Declaration of Amy L. Baker, #2 Civil Cover Sheet civil cover sheet, #3 Exhibit exhibit A state complaint, #4 Exhibit B answer to complaint, #5 Exhibit C, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Supplement K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(Baker, Amy) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
