Beardsworth v. Burdt et al
| Claudia D. Beardsworth |
| Scott E. Burdt, Aziyo Biologics, Inc., Aziyo Med, LLC, Medtronic, Inc., Medtronic Sofamor Danek USA, Inc., SpinalGraft Technologies, LLC, DCI Donor Services, Inc. and New Mexico Donor Services |
| 9:2023cv80075 |
| January 17, 2023 |
| US District Court for the Southern District of Florida |
| Aileen M Cannon |
| Ryon M McCabe |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on June 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 RESPONSE in Opposition re #14 Plaintiff's MOTION to Remand to State Court and Plaintiff's Notice of Supplemental Authority #23 filed by Aziyo Biologics, Inc., Medtronic Sofamor Danek USA, Inc., SpinalGraft Technologies, LLC. Replies due by 3/23/2023. (Garrity, Jessica) |
| Filing 23 Notice of Supplemental Authority re #14 Plaintiff's MOTION to Remand to State Court by Claudia D. Beardsworth (Attachments: #1 Exhibit A, #2 Exhibit B) (Falzone, Todd) |
Filing 22
PAPERLESS ORDER: Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, Plaintiff's Motion to Remand #14 and Defendants' Motion to Dismiss #17 are hereby REFERRED to Magistrate Judge Ryon M. McCabe for a report and recommendation. Signed by Judge Aileen M. Cannon on 3/8/2023. (aes)
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| Filing 21 Plaintiff's REPLY to Response to Motion re #14 Plaintiff's MOTION to Remand to State Court filed by Claudia D. Beardsworth. (Attachments: #1 Exhibit Exhibit A - Declaration of Sean H. Parys, Esquire)(Falzone, Todd) |
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Filing 20
PAPERLESS ORDER granting #19 Plaintiff's Unopposed Motion for Extension of time to Respond to Defendants' Motion to Dismiss. On or before March 20, 2023, Plaintiff shall respond to Defendants' Motion to Dismiss. Signed by Judge Aileen M. Cannon on 3/5/2023. (sj00)
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| Filing 19 Plaintiff's MOTION for Extension of Time Respond to Defendants Motion to Dismiss (DE 17) re #17 Joint MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),,, by Claudia D. Beardsworth. Responses due by 3/17/2023 (Attachments: #1 Text of Proposed Order Proposed Order)(Falzone, Todd) |
| Filing 18 RESPONSE in Opposition re #14 Plaintiff's MOTION to Remand to State Court filed by Aziyo Biologics, Inc., Medtronic Sofamor Danek USA, Inc., SpinalGraft Technologies, LLC. Replies due by 3/8/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Carter, Kirk) |
| Filing 17 Joint MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),,, by Aziyo Biologics, Inc., Aziyo Med, LLC, Scott E. Burdt, DCI Donor Services, Inc., Medtronic Sofamor Danek USA, Inc., Medtronic, Inc., New Mexico Donor Services, SpinalGraft Technologies, LLC. Attorney Kirk Andrew Carter added to party Aziyo Med, LLC(pty:dft), Attorney Kirk Andrew Carter added to party Scott E. Burdt(pty:dft), Attorney Kirk Andrew Carter added to party Medtronic, Inc.(pty:dft). Responses due by 3/9/2023 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Carter, Kirk) |
| Filing 16 STATUS REPORT by Aziyo Biologics, Inc., Medtronic Sofamor Danek USA, Inc., SpinalGraft Technologies, LLC (Attachments: #1 Exhibit 1 Part A, #2 Exhibit 1 Part B, #3 Exhibit 1 Part C)(Carter, Kirk) |
| Filing 15 NOTICE by DCI Donor Services, Inc., New Mexico Donor Services Affirming Consent to the Removal of this Action and Compliance with Court's Order (Goran, John) |
| Filing 14 Plaintiff's MOTION to Remand to State Court by Claudia D. Beardsworth. (Attachments: #1 Exhibit, #2 Exhibit)(Falzone, Todd) |
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Filing 13
PAPERLESS ORDER denying without prejudice #12 Defendant DCI Donor Services, Inc. and New Mexico Donor Services' Motion to Dismiss. Pursuant to the Court's Order Requiring Combined Responses #5 , "Defendants shall submit a single combined response or separate answers." The Court previously extended the deadline for all Defendants to respond to February 23, 2023 9 . Arguments or positions raised by a single Defendant can be identified as such in any forthcoming combined response, and if parties need more than twenty double-spaced pages for any combined response, they may file a motion for leave to file excess pages. Signed by Judge Aileen M. Cannon on 1/31/2023. (kts)
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| Filing 12 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),,, by DCI Donor Services, Inc., New Mexico Donor Services. Responses due by 2/13/2023 (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss)(Goran, John) |
| Filing 11 Corporate Disclosure Statement by New Mexico Donor Services (Goran, John) |
| Filing 10 Corporate Disclosure Statement by DCI Donor Services, Inc. (Goran, John) |
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Filing 9
PAPERLESS ORDER granting #7 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendants shall respond to Plaintiff's Complaint on or before February 23, 2023. Pursuant to the Court's Order Requiring Combined Responses #5 , "Defendants shall submit a single combined response or separate answers." Moving forward, any requests for extension or enlargement must be filed sufficiently in advance of the deadline at issue. Signed by Judge Aileen M. Cannon on 1/27/2023. (kts)
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| Filing 8 NOTICE of Attorney Appearance by John James Goran on behalf of DCI Donor Services, Inc., New Mexico Donor Services. Attorney John James Goran added to party DCI Donor Services, Inc.(pty:dft), Attorney John James Goran added to party New Mexico Donor Services(pty:dft). (Goran, John) |
| Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Aziyo Biologics, Inc., Medtronic Sofamor Danek USA, Inc., SpinalGraft Technologies, LLC. (Carter, Kirk) |
| Filing 6 NOTICE OF COURT PRACTICES IN REMOVAL CASES. Signed by Judge Aileen M. Cannon on 1/19/2023. See attached document for full details. (caw) |
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Filing 5
ORDER REQUIRING COMBINED RESPONSES. Signed by Judge Aileen M. Cannon on 1/19/2023. See attached document for full details. (caw)
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| Filing 4 Certificate of Other Affiliates/Corporate Disclosure Statement by Medtronic Sofamor Danek USA, Inc., SpinalGraft Technologies, LLC identifying Corporate Parent Medtronic, plc for Medtronic Sofamor Danek USA, Inc., SpinalGraft Technologies, LLC (Carter, Kirk) |
| Filing 3 Certificate of Other Affiliates/Corporate Disclosure Statement by Aziyo Biologics, Inc. (Carter, Kirk) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (aao) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Plaintiff's Amended Complaint and Demand for Jury) Filing fee $ 402.00 receipt number AFLSDC-16246303, filed by Medtronic Sofamor Danek USA, Inc., Aziyo Biologics, Inc., SpinalGraft Technologies, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A ISO Notice of Removal - State Ct. Amended Complaint, #3 Exhibit B ISO Notice of Removal Returns of Service for Medtronic and Aziyo Defs, #4 Exhibit C ISO Notice of Removal Service Documents for DCIDS and NMDS, #5 Exhibit D ISO Notice of Removal - Scott Burdt Affidavit-01-16-2023, #6 Exhibit E - Affidavit of Jessica Garrity ISO Notice of Removal, #7 Exhibit F ISO Notice of Removal - State Court Notice of Filing Notice of Removal)No Answer/Motion to Dismiss.(Carter, Kirk) Modified attached on 1/18/2023 (aao). |
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