FANCHER v. AESCULAP IMPLANT SYSTEMS, LLC et al
Plaintiff: LANCE FANCHER
Defendant: AESCULAP IMPLANT SYSTEMS, LLC, Michael P. McGee and Bended Knee Joint Technologies, LLC
Case Number: 2:2019cv14437
Filed: November 8, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Shaniek M Maynard
Referring Judge: Robin L Rosenberg
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 31, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 31, 2019 Filing 19 Transmittal Letter Sent with With Certified Copies to: 19th Judicial Circuit. State Court Case Number: 31-2019-CA-000052 (cds)
December 30, 2019 Opinion or Order Filing 18 OMNIBUS ORDER REMANDING CASES. Granting: #9 MOTION to Remand FOR SANCTIONS AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT filed by LANCE FANCHER. Closing Case. Motions terminated: #16 Defendant's MOTION to Adopt/Join #11 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, Bended Knee and McGee for fraudulent joinder filed by Bended Knee Joint Technologies, LLC, Michael P. McGee, #11 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, Bended Knee and McGee 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. (cds)
December 23, 2019 Filing 17 RESPONSE in Opposition re #9 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)
December 22, 2019 Filing 16 Defendant's MOTION to Adopt/Join #11 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)
December 19, 2019 Filing 15 RESPONSE in Opposition re #11 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, Bended Knee and McGee for fraudulent joinder filed by LANCE FANCHER. Replies due by 12/26/2019. (Osborne, Joseph)
December 18, 2019 Opinion or Order 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)
December 17, 2019 Filing 13 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #11 MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, Bended Knee and McGee for fraudulent joinder, #9 MOTION to Remand FOR SANCTIONS AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT by Aesculap Implant Systems, LLC. (Baker, Amy)
December 12, 2019 Opinion or Order Filing 12 ORDER OF TRANSFER. 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. (mee)
December 7, 2019 Filing 11 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)
December 5, 2019 Filing 10 MOTION to Reassign Case by Aesculap Implant Systems, LLC. (Baker, Amy)
December 4, 2019 Filing 9 MOTION to Remand FOR SANCTIONS AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT by LANCE FANCHER. (Attachments: #1 Attachment A)(Osborne, Joseph)
December 2, 2019 Filing 8 NOTICE by Bended Knee Joint Technologies, LLC, Michael P. McGee Joinder in and Consent to Removal (Kissner, Michael)
November 14, 2019 Filing 7 Certificate of Other Affiliates/Corporate Disclosure Statement by AESCULAP IMPLANT SYSTEMS, LLC identifying Corporate Parent Aesculap Inc. for AESCULAP IMPLANT SYSTEMS, LLC (Baker, Amy)
November 14, 2019 Filing 6 NOTICE of Striking #5 Notice (Other) filed by AESCULAP IMPLANT SYSTEMS, LLC by AESCULAP IMPLANT SYSTEMS, LLC (Baker, Amy)
November 13, 2019 Filing 5 (STRICKEN per DE #6 ) NOTICE by AESCULAP IMPLANT SYSTEMS, LLC Certificate of Interested Persons (Baker, Amy) Modified text on 11/15/2019 (mc).
November 12, 2019 Filing 4 Notice of Pending, Refiled, Related or Similar Actions by AESCULAP IMPLANT SYSTEMS, LLC (Baker, Amy)
November 12, 2019 Filing 3 Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (mee)
November 8, 2019 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. (mee)
November 8, 2019 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - 19th Judicial Circuit, Indian River, Florida) Filing fee $ 400.00 receipt number 113C-12135722, 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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Plaintiff: LANCE FANCHER
Represented By: Joseph Anthony Osborne
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Defendant: AESCULAP IMPLANT SYSTEMS, LLC
Represented By: Amy Leigh Baker
Represented By: Kathy Arline
Represented By: Justin David Kreindel
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Defendant: Michael P. McGee
Represented By: Michael Gerard Kissner, Jr.
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Defendant: Bended Knee Joint Technologies, LLC
Represented By: Michael Gerard Kissner, Jr.
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