Rossick et al v. Abbott Laboratories, Inc. et al
| Deborah M Rossick and Jacob M Goding |
| Abbott Laboratories Inc. doing business as Abbott Nutrition, Amazon.com Inc, Lakeland Regional Health Systems, Inc. doing business as Lakeland Regional Medical Center, Timothy C. Gompf, Amanda L. Davis, Clifford L. Wu and The Watson Clinic, LLP |
| 1:2023cv03401 |
| May 31, 2023 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 35 MAILED MDL Transfer in Letter to counsel of record. (gcy, ) |
| Filing 34 RECEIVED from Florida Middle; Case Number 8:23-cv-00332 (gcy) |
| Filing 33 MULTIDISTRICT LITIGATION panel order lifting stay of Conditional Transfer Order (CTO-8) transferring case to: Northern District of Illinois re MDL case number: 3037. (AG) [Transferred from Florida Middle on 5/31/2023.] |
Filing 32
ORDERED: 1. Plaintiffs' Motion to Remand #26 is GRANTED-IN-PART and DENIED-IN-PART. 2. Plaintiffs' Motion to Remand #26 is GRANTED to the extent that Plaintiffs' claims against Lakeland Regional Health Systems, Inc d/b/a Lakeland Regional Medical Center, Timothy C. Gompf, M.D., Amanda L. Davis, M.D., Clifford L. Wu, M.D., and The Watson Clinic, LLP. are hereby severed and remanded to the Circuit Court for the Tenth Judicial Circuit in and for Polk County, Florida. 3. Plaintiffs' Motion to Remand #26 is DENIED as to the claims against Abbott Laboratories, Inc. and Amazon.com, Inc. Plaintiffs' claims against those entities shall remain in this Court. 4. The Clerk is directed to transmit a certified copy of this Order to the Clerk of the Tenth Judicial Circuit Court in and for Polk County, Florida. Signed by Judge Charlene Edwards Honeywell on 5/8/2023. (AB) [Transferred from Florida Middle on 5/31/2023.]
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| Filing 31 NOTICE of Appearance by Lisha Bowen on behalf of Deborah M Rossick (Bowen, Lisha) [Transferred from Florida Middle on 5/31/2023.] |
| Filing 30 STIPULATION Regarding Remand by Jacob M Goding, Deborah M Rossick. (Becker, Sean) [Transferred from Florida Middle on 5/31/2023.] |
| Filing 29 Supplemental MOTION to Remand to Polk County, Florida by All Plaintiffs. (Becker, Sean) [Transferred from Florida Middle on 5/31/2023.] |
| Filing 28 RESPONSE to Motion re #26 First MOTION to Remand to State Court Tenth Judicial Circuit for Polk County, Florida filed by Deborah M Rossick. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Becker, Sean) Modified on 4/14/2023 (CTR). [Transferred from Florida Middle on 5/31/2023.] |
| Filing 27 RESPONSE to Motion re #26 First MOTION to Remand to State Court Tenth Judicial Circuit for Polk County, Florida filed by Abbott Laboratories, Inc.. (Webb, Joshua) [Transferred from Florida Middle on 5/31/2023.] |
| Filing 26 First MOTION to Remand to State Court Tenth Judicial Circuit for Polk County, Florida by Jacob M Goding, Deborah M Rossick. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Matthews, Marc) Modified on 3/17/2023 (CTR). [Transferred from Florida Middle on 5/31/2023.] |
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Filing 25
ENDORSED ORDER granting #21 Motion for Extension of Time to File Response / Reply; granting #23 Motion for Extension of Time to File Response / Reply. Defendants must respond to the Complaint within twenty-one days of the date that either (1) the Court denies any forthcoming motion to remand; or (2) the JPML denies transfer of this case to the pending MDL. Signed by Magistrate Judge Sean P. Flynn on 3/16/2023. (CED) [Transferred from Florida Middle on 5/31/2023.]
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| Filing 24 CERTIFICATE of interested persons and corporate disclosure statement re 4 Notice to Counsel of Local Rule, by Amazon.com, Inc. identifying Corporate Parent Amazon.com for Amazon.com, Inc. (Baird, Lisa) Modified on 3/16/2023 (CTR). [Transferred from Florida Middle on 5/31/2023.] |
| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal, /Defendant Amazon.com, Inc.'s Unopposed Motion for Second Extension of Time to Respond to Complaint by Amazon.com, Inc. (Baird, Lisa) Motions referred to Magistrate Judge Sean P. Flynn. Modified on 3/16/2023 (CTR). [Transferred from Florida Middle on 5/31/2023.] |
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Filing 22
ENDORSED ORDER granting #19 Motion to Withdraw as Attorney. Attorney James F. Hurst terminated. Signed by Magistrate Judge Sean P. Flynn on 3/9/2023. (CED) [Transferred from Florida Middle on 5/31/2023.]
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| Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply (Second) by Abbott Laboratories, Inc. (Webb, Joshua) Motions referred to Magistrate Judge Sean P. Flynn. Modified on 3/9/2023 (CTR). [Transferred from Florida Middle on 5/31/2023.] |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re 4 Notice to Counsel of Local Rule, by Abbott Laboratories, Inc. identifying Corporate Parent Abbott Laboratories for Abbott Laboratories, Inc. (Webb, Joshua) Modified text on 2/23/2023 (MCB). [Transferred from Florida Middle on 5/31/2023.] |
| Filing 19 Unopposed MOTION for James F. Hurst to Withdraw as Attorney by Abbott Laboratories, Inc. (Webb, Joshua) Motions referred to Magistrate Judge Sean P. Flynn. Modified text on 2/23/2023 (MCB). [Transferred from Florida Middle on 5/31/2023.] |
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Filing 18
ENDORSED ORDER granting #15 Motion for Extension of Time to File. Defendant Amazon.com, Inc.'s answer or response due by 3/20/2023. Signed by Magistrate Judge Sean P. Flynn on 2/23/2023. (CED) [Transferred from Florida Middle on 5/31/2023.]
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Filing 17
ENDORSED ORDER granting #16 Motion to Appear Pro Hac Vice. Attorney Glick may appear pro hac vice on behalf of Defendant Abbott Laboratories, Inc. Within twenty-one days of the date of this Order, counsel shall comply with the fee and electronic filing registration requirements of Local Rule 2.01(c)(5). Signed by Magistrate Judge Sean P. Flynn on 2/23/2023. (CED) [Transferred from Florida Middle on 5/31/2023.]
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| Filing 16 Amended MOTION for Michael A. Glick to appear pro hac vice (Unopposed) by Abbott Laboratories, Inc. (Webb, Joshua) Motions referred to Magistrate Judge Sean P. Flynn. Modified on 2/22/2023 (CTR). [Transferred from Florida Middle on 5/31/2023.] |
| Filing 15 MOTION for Extension of Time to File a Response to Complaint /Defendant Amazon.com, Inc.'s Motion for Extension of Time to Respond to Complaint by Amazon.com, Inc. (Attachments: #1 Exhibit A_Email regarding extension request)(Baird, Lisa) Motions referred to Magistrate Judge Sean P. Flynn. Modified on 2/22/2023 (CTR). [Transferred from Florida Middle on 5/31/2023.] |
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Filing 14
ENDORSED ORDER denying without prejudice #12 Motion to Appear Pro Hac Vice; denying without prejudice #13 Motion to Appear Pro Hac Vice. The Motions fail to address Local Rule 2.01(c)(2)'s requirement that a lawyer moving for special admission be a member in good standing of a United States district court. Signed by Magistrate Judge Sean P. Flynn on 2/21/2023. (CED) [Transferred from Florida Middle on 5/31/2023.]
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| Filing 13 Unopposed MOTION for Erin E. Cady to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20526387 for $150 by Abbott Laboratories, Inc. (Webb, Joshua) Motions referred to Magistrate Judge Sean P. Flynn. Modified on 2/17/2023 (CTR). [Transferred from Florida Middle on 5/31/2023.] |
| Filing 12 Unopposed MOTION for Michael A. Glick to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20526366 for $150 by Abbott Laboratories, Inc. (Webb, Joshua) Motions referred to Magistrate Judge Sean P. Flynn. Modified on 2/17/2023 (CTR). [Transferred from Florida Middle on 5/31/2023.] |
| Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Abbott Laboratories, Inc. Related case(s): Yes (Webb, Joshua) Modified on 2/17/2023 (CTR). [Transferred from Florida Middle on 5/31/2023.] |
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Filing 10
ENDORSED ORDER denying as moot #2 Motion for Extension of Time to File; granting #9 Motion for Extension of Time to File. Abbott Laboratories, Inc.'s answer or response due by 3/20/2023. Signed by Magistrate Judge Sean P. Flynn on 2/15/2023. (Flynn, Sean) [Transferred from Florida Middle on 5/31/2023.]
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| Filing 9 Amended MOTION for Extension of Time to File Response/Reply (Unopposed) by Abbott Laboratories, Inc. (Webb, Joshua) Motions referred to Magistrate Judge Sean P. Flynn. Modified on 2/15/2023 (CTR). [Transferred from Florida Middle on 5/31/2023.] |
| Filing 8 NOTICE to counsel Joshua C. Webb and Marc Matthews of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (CTR) [Transferred from Florida Middle on 5/31/2023.] |
| Filing 7 NOTICE to counsel Erin E. Cady, James F. Hurst, and Michael A. Glick Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (CTR) [Transferred from Florida Middle on 5/31/2023.] |
| Filing 6 NOTICE to counsel Gregory J. Hoag and Sean T. Becker of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (CTR) [Transferred from Florida Middle on 5/31/2023.] |
| Filing 5 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (BGS) [Transferred from Florida Middle on 5/31/2023.] |
| Filing 4 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (BGS) [Transferred from Florida Middle on 5/31/2023.] |
| Filing 3 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Sean P. Flynn. New case number: 8:23-cv-0332-CEH-SPF. (SJB) [Transferred from Florida Middle on 5/31/2023.] |
| Filing 2 Unopposed MOTION for Extension of Time to File Response to Complaint by Abbott Laboratories, Inc. (Webb, Joshua) Modified on 2/15/2023 (CTR). [Transferred from Florida Middle on 5/31/2023.] |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Polk County Circuit Court, case number 2022-CA-004335 filed in State Court on 12/30/2022. Filing fee $402, receipt number AFLMDC-20512457 filed by Abbott Laboratories, Inc.. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER, #3 Exhibit, #4 State Court Docket Sheet, #5 State Court Other Documents, #6 Civil Cover Sheet)(Webb, Joshua) [Transferred from Florida Middle on 5/31/2023.] |
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