MATHIEU v. AESCULAP IMPLANT SYSTEMS, LLC, et al
| MARY MATHIEU |
| MICHAEL P MCGEE, AESCULAP IMPLANT SYSTEMS, LLC, BENDED KNEE JOINT TECHNOLOGIES, LLC and Michael P. McGee |
| 2:2019cv14421 |
| November 8, 2019 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| Donald M Middlebrooks |
| Robin L Rosenberg |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on December 30, 2019. A more recent docket listing may be available from PACER.
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| Filing 22 Transmittal Letter Sent with Docket Sheet and Order to: 19th Judicial Circuit Court in and for Indian River County, Florida. State Court Case Number: 312019CA000348XXXXX (amb) |
Filing 21
Order Remanding Case to State Court (See DE #20 for Image) Signed by Judge Robin L. Rosenberg on 12/30/2019. See attached document for full details. (amb)
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Filing 20
OMNIBUS ORDER REMANDING CASES. ORDER granting #10 Motion to Remand. The cases are REMANDED to the Nineteenth Judicial Circuit Court in and for Indian River County, Florida. The Clerk of Court is instructed to CLOSE the above-captioned cases, terminating all deadlines and denying all pending motions as moot. Signed by Judge Robin L. Rosenberg on 12/30/2019. See attached document for full details. (amb)
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| Civil Case Terminated per DE #20 Order. Closing Case. (amb) |
| Filing 19 RESPONSE in Opposition re #10 MOTION to Remand FOR SANCTIONS AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT filed by Aesculap Implant Systems, LLC. Replies due by 12/30/2019. (Attachments: #1 Exhibit A)(Baker, Amy) |
| Filing 18 Defendant's MOTION to Adopt/Join #12 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, Bended Knee and McGee for fraudulent joinder by BENDED KNEE JOINT TECHNOLOGIES, LLC, Michael P. McGee. (Kissner, Michael) |
| Filing 17 RESPONSE in Opposition re #12 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, Bended Knee and McGee for fraudulent joinder filed by MARY MATHIEU. Replies due by 12/26/2019. (Osborne, Joseph) |
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Filing 16
PAPERLESS ORDER granting in part and denying in part #14 Joint Motion for Extension of Time. Defendants' Responses to the Motion for Remand and Plaintiff's Response to the Motion to Dismiss are due by 9:00 a.m. on December 23, 2019. The parties' Replies to the Motions are due by 5:00 p.m. on December 31, 2019. Signed by Judge Robin L. Rosenberg on 12/18/2019. (sk01)
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| Filing 15 Clerks Notice to Filer re #14 Joint MOTION for Extension of Time to file response to plaintiff's motion to remand and defendant's motion to dismiss re #12 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, Bended Knee and McGee for frau. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 14 Joint Motion for Extension of Time to File Response/Reply/Answer as to #12 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, Bended Knee and McGee for fraudulent joinder, #10 MOTION to Remand FOR SANCTIONS AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT by Aesculap Implant Systems, LLC. Responses due by 12/31/2019 (Baker, Amy) Modified Relief on 12/18/2019 (ls). |
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Filing 13
ORDER TRANSFERRING CASE to Judge Robin L. Rosenberg for all further proceedings, accepted and signed on 12/9/2019. Judge Donald M. Middlebrooks no longer assigned to case Signed by Judge Donald M. Middlebrooks on 12/9/2019. See attached document for full details. (mc)
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| Filing 12 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, Bended Knee and McGee for fraudulent joinder by Aesculap Implant Systems, LLC. Responses due by 12/23/2019 (Attachments: #1 Exhibit A)(Baker, Amy) |
| Filing 11 MOTION to Reassign Case by Aesculap Implant Systems, LLC. (Baker, Amy) |
| Filing 10 MOTION to Remand FOR SANCTIONS AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT by MARY MATHIEU. (Attachments: #1 Attachment A)(Osborne, Joseph) |
| Filing 9 NOTICE by BENDED KNEE JOINT TECHNOLOGIES, LLC, Michael P. McGee Joinder in and Consent to Removal. Attorney Michael Gerard Kissner, Jr added to party BENDED KNEE JOINT TECHNOLOGIES, LLC(pty:dft), Attorney Michael Gerard Kissner, Jr added to party Michael P. McGee(pty:dft). (Kissner, Michael) |
| Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement by AESCULAP IMPLANT SYSTEMS, LLC identifying Corporate Parent Aesculap Inc. for AESCULAP IMPLANT SYSTEMS, LLC (Baker, Amy) |
| Filing 7 NOTICE of Striking #5 Notice (Other) filed by AESCULAP IMPLANT SYSTEMS, LLC by AESCULAP IMPLANT SYSTEMS, LLC (Baker, Amy) |
| Filing 6 Clerks Notice to Filer re #5 Notice (Other). Wrong Event Selected - Document is a Certificate of Other Affiliates/Corporate Disclosure Statement; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document using the Certificate of Other Affiliates/Corporate Disclosure Statement event and ensure all Other Affiliates/Corporate Parents are entered. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ail) |
| Filing 5 **STRICKEN**NOTICE by AESCULAP IMPLANT SYSTEMS, LLC Certificate of Interested Persons (Baker, Amy) Modified on PER DE #7 NOTICE 11/15/2019 (ail). |
| Filing 4 Notice of Pending, Refiled, Related or Similar Actions by AESCULAP IMPLANT SYSTEMS, LLC (Baker, Amy) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (amb) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks 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. (amb) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - 19th Judicial Circuit, Indian River, Florida) Filing fee $ 400.00 receipt number 113C-12133086, filed by AESCULAP IMPLANT SYSTEMS, LLC. (Attachments: #1 Affidavit Declaration of Amy L. Baker, #2 Civil Cover Sheet, #3 Exhibit Exhibit A - State Court Complaint, #4 Exhibit Exhibit B - Aesculap Answer, #5 Exhibit Exhibit C - RFA Response, #6 Exhibit Exhibit D - State Court Cover Sheet, #7 Exhibit Exhibit E - Summonses, #8 Exhibit Exhibit F - McGee AOS, #9 Exhibit Exhibit G - Bended Knee AOS, #10 Exhibit Exhibit H - Bended Knee and McGee Answer, #11 Affidavit Declaration of Michael McGee)(Baker, Amy) |
| Attorney Amy Leigh Baker terminated as to defendants BENDED KNEE JOINTTECHNOLOGIES, LLC and MICHAEL P. McGEE only. (asl) |
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