MCLEOD v. AESCULAP IMPLANT SYSTEMS, LLC et al
| JOAN MCLEOD |
| Bended Knee Joint Technologies, LLC, AESCULAP IMPLANT SYSTEMS, LLC, MICHAEL P MCGEE and Michael P. McGee |
| 2:2019cv14430 |
| 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 22 Transmittal Letter Sent with Certified Copy of Order of Remand to: 19th Judicial Circuit, Indian River County. State Court Case Number: 2019-CA-000069 (pcs) |
Filing 21
OMNIBUS ORDER REMANDING CASES Closing Case. Motions terminated: #17 Defendant's MOTION to Adopt/Join #13 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, #12 MOTION to Remand FOR SANCTIONS AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT filed by JOAN MCLEOD, #13 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, McGee and Bended Knee for Fraudulent Joinder filed by Aesculap Implant Systems, LLC. Signed by Judge Robin L. Rosenberg on 12/30/2019. See attached document for full details. (pcs)
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| Filing 20 NOTICE by JOAN MCLEOD re 19 Order,,, INFORMING THE COURT WHETHER PLAINTIFF INTENDS TO FILE EVIDENCE IN A REPLY (Attachments: #1 Attachment A) (Osborne, Joseph) |
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Filing 19
PAPERLESS ORDER. Upon review of the Defendants' Response to Plaintiff's Motion to Remand, the Court ORDERS the following. Plaintiff is ORDERED to file a notice by the end of today, December 23, 2019, at 4:00 p.m. informing the Court whether Plaintiff intends to file evidence in a Reply. If Plaintiff is currently in possession of the evidence, Plaintiff is ORDERED to attach that evidence to the Notice. This Order does not modify the date previously set for Plaintiff to file a Reply. Because counsel for Plaintiff is counsel of record for a large number of related lawsuits pending before this Court with identical motions, Plaintiff's Notice should be responsive as to all of the pending cases before this Court and include all of the relevant evidence for those cases; Plaintiff's counsel need not file a Notice in each and every case pending before this Court. Signed by Judge Robin L. Rosenberg (bkd)
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| Filing 18 RESPONSE in Opposition re #12 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 17 Defendant's MOTION to Adopt/Join #13 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 16 RESPONSE in Opposition re #13 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, McGee and Bended Knee for Fraudulent Joinder filed by JOAN MCLEOD. Replies due by 12/26/2019. (Osborne, Joseph) |
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Filing 15
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 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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| Set/Reset Deadlines/Hearings as per DE 15 re: #12 MOTION to Remand FOR SANCTIONS AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT, #13 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, McGee and Bended Knee for Fraudulent Joinder. Replies due by 12/31/2019. (lk) |
| Filing 14 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #13 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, McGee and Bended Knee for Fraudulent Joinder, #12 MOTION to Remand FOR SANCTIONS AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT by Aesculap Implant Systems, LLC. (Baker, Amy) |
| Filing 13 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 Exhibit A)(Baker, Amy) |
| Filing 12 MOTION to Remand FOR SANCTIONS AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT by JOAN MCLEOD. (Attachments: #1 Attachment A)(Osborne, Joseph) |
| Filing 11 STATUS REPORT by Aesculap Implant Systems, LLC (Baker, Amy) |
| Filing 10 NOTICE by Bended Knee Joint Technologies, LLC, Michael P. McGee Joinder in and Consent to Removal (Kissner, Michael) |
| Filing 9 NOTICE OF COURT PRACTICE IN REMOVAL CASES Signed by Judge Robin L. Rosenberg on 11/18/2019. See attached document for full details. (ail) |
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Filing 8
ORDER TRANSFERRING CASE to Judge Robin L. Rosenberg for all further proceedings, accepted and signed on 11/14/19. Chief Judge K. Michael Moore no longer assigned to case. Signed by Chief Judge K. Michael Moore on 11/14/2019. See attached document for full details. (lk)
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| Filing 7 NOTICE of Striking #4 Notice (Other) filed by AESCULAP IMPLANT SYSTEMS, LLC by AESCULAP IMPLANT SYSTEMS, LLC (Baker, Amy) |
| Filing 6 Clerks Notice to Filer re #4 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#5]. It is not necessary to refile this document. (lk) |
| Filing 5 Certificate of Other Affiliates/Corporate Disclosure Statement by AESCULAP IMPLANT SYSTEMS, LLC identifying Corporate Parent AESCULAP IMPLANT SYSTEMS, LLC for AESCULAP IMPLANT SYSTEMS, LLC. See image at DE #4 (lk) |
| Filing 4 NOTICE by AESCULAP IMPLANT SYSTEMS, LLC Certificate of Interested Persons (Baker, Amy) |
| 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 Chief Judge K. Michael Moore 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. (ail) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - 19th Judicial Circuit, Indian River, Florida) Filing fee $ 400.00 receipt number 113C-12135102, 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 - Not of Appearance/Email Designation, #9 Exhibit Exhibit G - BK/McGee Answer, #10 Affidavit Declaration of Michael McGee)(Baker, Amy) |
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