Gurewitz v. Davol, Inc. et al
| Allan Gurewitz |
| Davol, Inc. and C.R. Bard, Inc. |
| 9:2018cv81099 |
| August 16, 2018 |
| US District Court for the Southern District of Florida |
| West Palm Beach Office |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on September 5, 2018. A more recent docket listing may be available from PACER.
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| Filing 10 ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in Southern District of Ohio as case 2:18-cv-00996, filed 09/05/2018. (bb) |
| Filing 9 CONDITIONAL TRANSFER ORDER (CTO-2) transferring case to the Southern District of Ohio re: MDL 2846 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Edmund A. Sargus. (Signed by Jeffery N. Luthi, Clerk of the Panel). (mc) |
| SYSTEM ENTRY - Case 9:18-cv-81099 electronically transferred out to Ohio Southern. (mc) |
Filing 8
ORDER granting #7 Motion to Stay. Closing Case. Signed by Judge Donald M. Middlebrooks on 8/29/2018. See attached document for full details. (lbc)
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| Filing 7 Consent MOTION to Stay All Proceedings by C.R. Bard, Inc., Davol, Inc.. Responses due by 9/7/2018 (Attachments: #1 Exhibit 1 - Transfer Order, #2 Exhibit 2 - Conditional Transfer Order)(Jacobson, Matthew) |
| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE re 4 Order,,,,, by C.R. Bard, Inc., Davol, Inc.. (Jacobson, Matthew) |
| Filing 5 NOTICE by C.R. Bard, Inc., Davol, Inc. re #1 Notice of Removal (State Court Complaint) AMENDED NOTICE OF REMOVAL (Attachments: #1 Exhibit 1 - Stipulation) (Jacobson, Matthew) |
| Set Deadlines Per DE#4. Amended Pleadings due by 8/24/2018. Show Cause Response due by 8/24/2018. (cqs) |
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Filing 4
PAPERLESS ORDER. Defendants have filed a notice of removal based on the Court's diversity jurisdiction, and therefore have the burden of establishing that removal is provident. See Lowery v. Alabama Power Co., 483 F.3d 1184, 1208 (11th Cir. 2007). Defendants, as the removing party, have the burden of proving by a preponderance of the evidence that the amount-in-controversy exceeds the jurisdictional requirement when a plaintiff fails to plead a specific amount of damages, as is the case here. Pretka v. Kolter City Plaza II, Inc., 608 F.3d 744, 752 (11th Cir. 2010). Defendants' representation that "it is 'facially apparent' that the amount in controversy exceeds the sum or value of $75,000, exclusive of interest and costs," is insufficient to establish the jurisdictional minimum is met. (DE 1 at 3). Defendants also represent that this matter is related to a matter previously before the Honorable Robin Rosenberg, 16-cv-14455, which was transferred to the Southern District of Ohio in a Multidistrict Litigation ("MDL"). Accordingly, by August 24, 2018, Defendants must (1) file an amended notice of removal establishing the amount in controversy, and (2) SHOW CAUSE why this matter should not be transferred to the MDL in the Southern District of Ohio. Signed by Judge Donald M. Middlebrooks on 8/20/2018. (kal)
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| Filing 3 Corporate Disclosure Statement by C.R. Bard, Inc., Davol, Inc. identifying Corporate Parent Becton Dickinson Company, Other Affiliate T. Rowe Price Group, Inc. for C.R. Bard, Inc. (Olivos, Christina) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (lbc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint and Demand for Jury Trial) Filing fee $ 400.00 receipt number 113C-10915680, filed by C.R. Bard, Inc., Davol, Inc.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Olivos, Christina) |
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