ORTIZ v. COOK INCORPORATED et al
| FRANCISCO LUIS ORTIZ, SR. and FRANCISCO L. ORTIZ, SR. |
| COOK INCORPORATED, COOK MEDICAL LLC, COOK MEDICAL INCORPORATED, COOK GROUP INC. and WILLIAM COOK EUROPE APS |
| 1:2021cv06459 |
| June 7, 2021 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Richard L Young |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 4, 2021. A more recent docket listing may be available from PACER.
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| Filing 22 WAIVER OF SERVICE Returned Executed, filed by FRANCISCO ORTIZ. Associated Cases: 1:14-ml-02570-RLY-TAB, 1:21-cv-06459-RLY-TAB(Stoller, Paul) |
| Filing 21 NOTICE of Appearance by Andrea Roberts Pierson on behalf of Defendants COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INC., COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS. Associated Cases: 1:14-ml-02570-RLY-TAB, 1:21-cv-01891-RLY-TAB, 1:21-cv-01892-RLY-TAB, 1:21-cv-01895-RLY-TAB, 1:21-cv-01900-RLY-TAB, 1:21-cv-01901-RLY-TAB, 1:21-cv-01902-RLY-TAB, 1:21-cv-01904-RLY-TAB, 1:21-cv-01913-RLY-TAB, 1:21-cv-01928-RLY-TAB, 1:21-cv-01933-RLY-TAB, 1:21-cv-01934-RLY-TAB, 1:21-cv-06453-RLY-TAB, 1:21-cv-06454-RLY-TAB, 1:21-cv-06459-RLY-TAB, 1:21-cv-06461-RLY-TAB, 1:21-cv-06464-RLY-TAB, 1:21-cv-06466-RLY-TAB, 1:21-cv-06468-RLY-TAB, 1:21-cv-06486-RLY-TAB (Pierson, Andrea) |
| Filing 20 NOTICE of Appearance by Kip S.M. McDonald on behalf of Defendants COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INC., COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL INCORPORATED, COOK GROUP INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS, COOK INCORPORATED, COOK MEDICAL LLC, WILLIAM COOK EUROPE APS. Associated Cases: 1:14-ml-02570-RLY-TAB, 1:21-cv-01891-RLY-TAB, 1:21-cv-01892-RLY-TAB, 1:21-cv-01895-RLY-TAB, 1:21-cv-01900-RLY-TAB, 1:21-cv-01901-RLY-TAB, 1:21-cv-01902-RLY-TAB, 1:21-cv-01904-RLY-TAB, 1:21-cv-01913-RLY-TAB, 1:21-cv-01928-RLY-TAB, 1:21-cv-01933-RLY-TAB, 1:21-cv-01934-RLY-TAB, 1:21-cv-06453-RLY-TAB, 1:21-cv-06454-RLY-TAB, 1:21-cv-06459-RLY-TAB, 1:21-cv-06461-RLY-TAB, 1:21-cv-06464-RLY-TAB, 1:21-cv-06466-RLY-TAB, 1:21-cv-06468-RLY-TAB, 1:21-cv-06486-RLY-TAB (McDonald, Kip) |
| Filing 19 NOTICE of Appearance by Paul L. Stoller on behalf of MDL Plaintiff FRANCISCO ORTIZ. Associated Cases: 1:14-ml-02570-RLY-TAB, 1:21-cv-06459-RLY-TAB (Stoller, Paul) |
| Filing 18 AMENDED COMPLAINT SHORT FORM COMPLAINT against All Defendants, filed by FRANCISCO ORTIZ.Associated Cases: 1:14-ml-02570-RLY-TAB, 1:21-cv-06459-RLY-TAB(Stoller, Paul) |
| Filing 17 Remark - Case Transferred In from Southern District of Alabama, Cause No. 2:21-cv-218 on 6/4/2021, assigned SD/IN Cause No. 1:21-cv-6454-RLY-TAB and transferred as Member Action to MDL 2570. Case Transferred In from Central District of California, Cause No. 2:21-cv-1995 on 6/4/2021,assigned SD/IN Cause No. 1:21-cv-6455-RLY-TAB and transferred as Member Action to MDL 2570. Case Transferred In from Eastern District of California, Cause No. 2:21-cv-822 on 6/9/2021, assigned SD/IN Cause No. 1:21-cv-6456-RLY-TAB and transferred as Member Action to MDL 2570. Case Transferred In from Southern District of California, Cause No. 3:21-cv-897 on 6/3/2021,assigned SD/IN Cause No. 1:21-cv-6457-RLY-TAB and transferred as Member Action to MDL 2570. Case Transferred In from District of Connecticut, Cause No. 3:21-cv-461 on 6/8/2021, assigned SD/IN Cause No. 1:21-cv-6458-RLY-TAB and transferred as Member Action to MDL 2570. Case Transferred In from District of Connecticut, Cause No. 3:21-cv-565 on 6/7/2021, assigned SD/IN Cause No. 1:21-cv-6459-RLY-TAB and transferred as Member Action to MDL 2570. Case Transferred In from District of Connecticut, Cause No. 3:21-cv-668 on 6/7/2021, assigned SD/IN Cause No. 1:21-cv-6460-RLY-TAB and transferred as Member Action to MDL 2570. Associated Cases: 1:14-ml-02570-RLY-TAB, 1:21-cv-06454-RLY-TAB, 1:21-cv-06455-RLY-TAB, 1:21-cv-06456-RLY-TAB, 1:21-cv-06457-RLY-TAB, 1:21-cv-06458-RLY-TAB, 1:21-cv-06459-RLY-TAB, 1:21-cv-06460-RLY-TAB(LBT) |
Filing 16
Second Amended Order Establishing Policies and Procedures. Signed by Judge Richard L. Young on 6/9/2021.(LBT)
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| Filing 15 Case transferred in from District of Connecticut; Case Number 3:21-cv-00565. Original file copy of transfer order and docket sheet received. |
| Filing 14 MDL Transfer Order. Case transferred to the Southern District of Indiana. Signed by Clerk of the Panel John W. Nichols, MDL Panel on 06/03/2021. (Peterson, M) [Transferred from Connecticut on 6/7/2021.] |
| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Peterson, M) [Transferred from Connecticut on 6/7/2021.] |
| Filing 13 AMENDED COMPLAINT against All Defendants, filed by Francisco Luis Ortiz, Sr.(Moskow, Neal) [Transferred from Connecticut on 6/7/2021.] |
| Filing 12 SUMMONS Returned Executed by Francisco Luis Ortiz, Sr. Cook Medical LLC served on 5/6/2021, answer due 5/27/2021. (Moskow, Neal) [Transferred from Connecticut on 6/7/2021.] |
| Filing 11 SUMMONS Returned Executed by Francisco Luis Ortiz, Sr. Cook Medical Incorporated served on 5/6/2021, answer due 5/27/2021. (Moskow, Neal) [Transferred from Connecticut on 6/7/2021.] |
| Filing 10 SUMMONS Returned Executed by Francisco Luis Ortiz, Sr. Cook Incorporated served on 5/6/2021, answer due 5/27/2021. (Moskow, Neal) [Transferred from Connecticut on 6/7/2021.] |
| Filing 9 SUMMONS Returned Executed by Francisco Luis Ortiz, Sr. Cook Group, Inc. served on 5/6/2021, answer due 5/27/2021. (Moskow, Neal) [Transferred from Connecticut on 6/7/2021.] |
| Filing 8 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Cook Medical LLC* with answer to complaint due within *21* days. Attorney *Neal Lewis Moskow* *Ury & Moskow* *883 Black Rock Turnpike* *Fairfield, CT 06825*. (Peterson, M) [Transferred from Connecticut on 6/7/2021.] |
| Set Deadlines: Amended Complaint due by 5/11/2021 (Johnson, D.) [Transferred from Connecticut on 6/7/2021.] |
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Filing 7
ORDER. The #1 Complaint does not state an adequate basis for the Court's subject matter jurisdiction. "If subject matter jurisdiction is lacking and no party has called the matter to the court's attention, the court has the duty to dismiss the action sua sponte." Durant, Nichols, Houston, Hodgson & Cortese-Costa P.C. v. Dupont, 565 F.3d 56, 62 (2d Cir. 2009). The citizenship of Defendant Cook Medical, LLC is inadequately pled, preventing the Court from verifying that it has subject matter jurisdiction over this case. More specifically, the Complaint alleges only that Cook Medical LLC is an Indiana limited liability company authorized and/or doing business in Connecticut. But for limited liability companies, citizenship is determined by the citizenship of its members, not their place of organization, principal place of business, or where they are authorized to do business. See Handelsman v. Bedford Vill. Assocs. Ltd. P'ship, 213 F.3d 48, 51-52 (2d Cir. 2000) ("[F]or purposes of diversity jurisdiction, a limited liability company has the citizenship of its members.") (internal citation omitted). The Complaint must thus allege the identity and citizenship of each member. Moreover, if any of these members is itself an LLC, the Complaint must allege the identity and citizen of each of its members, and so on. The Plaintiff is directed to file an amended Complaint that states an adequate basis for this Court's jurisdiction no later than May 11, 2021. Should the plaintiff be unable to obtain the relevant information, it may file a motion to take jurisdictional discovery. Otherwise, this case will be dismissed for lack of subject matter jurisdiction. Signed by Judge Michael P. Shea on 4/27/2021. (Super, John) [Transferred from Connecticut on 6/7/2021.]
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| Request for Clerk to issue summons as to Cook Medical LLC. (Moskow, Neal) [Transferred from Connecticut on 6/7/2021.] |
| Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Cook Group, Inc., Cook Incorporated, Cook Medical Incorporated* with answer to complaint due within *21* days. Attorney *Neal Lewis Moskow* *Ury & Moskow* *883 Black Rock Turnpike* *Fairfield, CT 06825*. (Peterson, M) [Transferred from Connecticut on 6/7/2021.] |
| Filing 5 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint filed by Francisco Luis Ortiz, Sr., #4 Protective Order, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order Signed by Clerk on 04/26/2021. (Peterson, M) [Transferred from Connecticut on 6/7/2021.] |
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 04/26/2021. (Peterson, M) [Transferred from Connecticut on 6/7/2021.]
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 04/26/2021. (Peterson, M) [Transferred from Connecticut on 6/7/2021.]
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 6/25/2021. Discovery due by 10/26/2021. Dispositive Motions due by 11/30/2021. Signed by Clerk on 04/26/2021. (Peterson, M) [Transferred from Connecticut on 6/7/2021.]
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| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number ACTDC-6483769.), filed by Francisco Luis Ortiz, Sr.. (Attachments: #1 Civil Cover Sheet)(Moskow, Neal) [Transferred from Connecticut on 6/7/2021.] |
| Request for Clerk to issue summons as to Cook Incorporated. (Moskow, Neal) [Transferred from Connecticut on 6/7/2021.] |
| Request for Clerk to issue summons as to Cook Medical Incorporated. (Moskow, Neal) [Transferred from Connecticut on 6/7/2021.] |
| Request for Clerk to issue summons as to Cook Group Incorporated. (Moskow, Neal) [Transferred from Connecticut on 6/7/2021.] |
| Judge Michael P. Shea added. (Oliver, T.) [Transferred from Connecticut on 6/7/2021.] |
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