Tyler v. Aesculap Implant Systems, LLC et al
| JOHN TYLER |
| MICHAEL P MCGEE, AESCULAP IMPLANT SYSTEMS, LLC, Bended Knee Joint Technologies, LLC, Michael P. McGee and Does 1 through 100, inclusive |
| 2:2019cv14428 |
| November 8, 2019 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| Robin L Rosenberg |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Filing 19 Transmittal Letter Sent with Certified Copy of Order of Remand to: 19th Judicial Circuit, Indian River County. State Court Case Number: 31-02019-CA-000209 (pcs) |
Filing 18
OMNIBUS ORDER REMANDING CASES. Closing Case. Motions terminated: #11 MOTION to Remand FOR SANCTIONS AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT filed by John Tyler, #12 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, McGee and Bended Knee for Fraudulent Joinder filed by Aesculap Implant Systems, LLC, #16 Defendant's MOTION to Adopt/Join #12 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, McGee and Bended Knee for Fraudulent Joinder filed by Bended Knee Joint Technologies, LLC, Michael P. McGee. Signed by Judge Robin L. Rosenberg on 12/30/2019. See attached document for full details. (pcs)
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| Filing 17 RESPONSE in Opposition re #11 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 16 Defendant's MOTION to Adopt/Join #12 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, McGee and Bended Knee for Fraudulent Joinder by Bended Knee Joint Technologies, LLC, Michael P. McGee. (Kissner, Michael) |
| Filing 15 RESPONSE in Opposition re #12 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, McGee and Bended Knee for Fraudulent Joinder filed by John Tyler. Replies due by 12/26/2019. (Osborne, Joseph) |
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Filing 14
PAPERLESS ORDER granting in part and denying in part #13 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 in support of 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 13 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #11 MOTION to Remand FOR SANCTIONS AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT, #12 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, McGee and Bended Knee for Fraudulent Joinder by Aesculap Implant Systems, LLC. (Baker, Amy) |
| Filing 12 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, McGee and Bended Knee for Fraudulent Joinder by Aesculap Implant Systems, LLC. Responses due by 12/23/2019 (Attachments: #1 Errata A)(Baker, Amy) |
| Filing 11 MOTION to Remand FOR SANCTIONS AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT by John Tyler. (Attachments: #1 Attachment A)(Osborne, Joseph) |
| Filing 10 STATUS REPORT by Aesculap Implant Systems, LLC (Baker, Amy) |
| Filing 9 NOTICE by Bended Knee Joint Technologies, LLC, Michael P. McGee Joinder in and Consent to Removal (Kissner, Michael) |
| Filing 8 NOTICE OF COURT PRACTICE IN REMOVAL CASES. Signed by Judge Robin L. Rosenberg on 11/21/2019. See attached document for full details. (pcs) |
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Filing 7
ORDER OF TRANSFER to Judge Robin L. Rosenberg for all further proceedings, accepted and signed on 11/21/2019. Judge Kenneth A. Marra no longer assigned to case Signed by Judge Kenneth A. Marra on 11/13/2019. See attached document for full details. (pcs)
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| Filing 6 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 5 NOTICE of Striking #4 Notice (Other) filed by Aesculap Implant Systems, LLC by Aesculap Implant Systems, LLC (Baker, Amy) |
| Filing 4 STRICKEN PER DE #5 .. NOTICE by Aesculap Implant Systems, LLC Certificate of Interested Persons (Baker, Amy) Modified on 11/18/2019 (lbc). |
| Filing 3 Notice of Pending, Refiled, Related or Similar Actions by Aesculap Implant Systems, LLC (Baker, Amy) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kenneth A. Marra 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-12134703, 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, #7 Exhibit Exhibit E Summonses, #8 Exhibit Exhibit F - McGee ROS, #9 Exhibit Exhibit G - BK ROS, #10 Exhibit Exhibit H - BK/McGee Answer, #11 Affidavit Declaration of Michael McGee)(Baker, Amy) |
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