Floyd et al v. Aziyo Biologics Inc. et al
| Larry D. Floyd and Irma H. Floyd |
| Aziyo Biologics Inc., Berkeley Biologics LLC, Medtronic Sofamor Danek USA Inc., SPINALGRAFT TECHNOLOGIES, LLC, DCI Donor Services Inc., New Mexico Donor Services and Spinalgraft Technologies LLC |
| 2:2024cv01039 |
| April 24, 2024 |
| US District Court for the Eastern District of Louisiana |
| Donna Phillips Currault |
| Susie Morgan |
| Tort Product Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on June 3, 2024. A more recent docket listing may be available from PACER.
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Filing 25
ORDER GRANTING #24 Motion to Appear Pro Hac Vice. IT IS ORDERED that Kim M. Schmid of Bowman and Brooke LLP is hereby admitted pro hac vice as co-counsel for Defendant Aziyo Biologics, Inc. in the above-captioned matter. Signed by Judge Susie Morgan on 6/3/2024. (Attachments: #1 Pro Hac Notice) (pp)
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| Filing 24 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Kim M. Schmid (Filing fee $ 100 receipt number ALAEDC-10549297) by Aziyo Biologics Inc.. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Garrett, John) |
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Filing 23
ORDER GRANTING #20 Motion to Dismiss. IT IS FURTHER ORDERED that Defendants Berkeley Biologics LLC and Medtronic Sofamor Danek USA Inc., and SpinalGraft Technologies LLC are DISMISSED WITHOUT PREJUDICE from this matter with for all parties to bear its own costs. Signed by Judge Susie Morgan on 5/30/2024. (pp)
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Filing 22
TEXT ORDER (No PDF Document Attached) - A defendant has made an appearance in this matter and a preliminary conference has been set by the Case Manager. Pursuant to F.R.C.P. 16(b)(2), IT IS ORDERED that at least fourteen (14) days before the scheduled preliminary conference, the plaintiff(s) shall provide an update to the Court with regards to service or attempted service upon on any defendant(s) who have not been served and/or have not made an appearance. The update should be emailed to chambers at efile-morgan@laed.uscourts.gov and to all counsel of record in this matter. IT IS FURTHER ORDERED that the plaintiff(s) provide the "Notice of Preliminary Conference" to any defendants who have not been served and/or have not made an appearance in this matter. Signed by Judge Susie Morgan.(bwn)
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| Filing 21 PRELIMINARY CONFERENCE NOTICE - Scheduling Conference set for 8/1/2024 at 9:30 AM before case manager by telephone. Signed by Clerk.(bwn) |
| Filing 20 EXPARTE/CONSENT First MOTION to Dismiss Party Berkeley Biologics, Medtronic Sofamor Danek & Spinal Graft Technologies by Larry D. Floyd. (Attachments: #1 Proposed Order)(Smith, Mark) |
| Filing 19 Statement of Corporate Disclosure by Aziyo Biologics Inc. (Garrett, John) |
| Filing 18 Defendant's ANSWER to #1 Complaint, with Jury Demand by Aziyo Biologics Inc. (Garrett, John) |
| Filing 17 Correction of Docket Entry by Clerk re #16 Summons Returned Executed.** Filing attorney entered incorrect service date for parties served. Party served was Medtronic Sofamor Danek USA Inc. on 5/6/2024,answer due 5/28/2024. No further action is necessary.** (pp) |
| Filing 16 SUMMONS Returned Executed; Medtronic Sofamor Danek USA Inc. served on 5/6/2024, answer due 5/28/2024. (Attachments: #1 Exhibit Signed Certified Greencard)(Smith, Mark) Modified text on 5/21/2024 (pp). |
| Filing 15 SUMMONS Returned Executed; DCI Donor Services Inc. served on 5/8/2024, answer due 5/29/2024. (Attachments: #1 Exhibit Signed Certified Greencard)(Smith, Mark) |
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Filing 14
ORDER GRANTING #13 Motion to Appear Pro Hac Vice. IT IS ORDERED that Katherine E. Bell-Moss of the law firm Bowman and Brooke LLP is hereby admitted pro hac vice as co-counsel for Defendant Aziyo Biologics, Inc. in the above-captioned matter. Signed by Judge Susie Morgan on 5/15/2024. (Attachments: #1 Pro Hac Notice) (pp)
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| Filing 13 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Katherine E. Bell-Moss (Filing fee $ 100 receipt number ALAEDC-10527307) by Aziyo Biologics Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)Attorney John David Garrett added to party Aziyo Biologics Inc.(pty:dft).(Garrett, John) |
| Filing 12 SUMMONS Returned Executed; Spinalgraft Technologies LLC served on 5/6/2024, answer due 5/28/2024. (Attachments: #1 Exhibit)(Smith, Mark) |
| Filing 11 SUMMONS Returned Executed; Aziyo Biologics Inc. served on 5/6/2024, answer due 5/28/2024. (Attachments: #1 Exhibit Signed Certified Greencard)(Smith, Mark) |
| Filing 10 SUMMONS Returned Executed; Berkeley Biologics LLC served on 4/30/2024, answer due 5/21/2024. (Attachments: #1 Exhibit)(Smith, Mark) |
| Filing 9 FIRST AMENDED COMPLAINT against All Defendants filed by All Plaintiffs.(pp) |
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Filing 8
ORDER GRANTING #6 Motion to Amend Complaint. Signed by Judge Susie Morgan on 5/3/2024. (pp)
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| Filing 7 Correction of Docket Entry by Clerk re #6 MOTION to Amend/Correct Original Complaint.** Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action.** (pp) |
| Filing 6 EXPARTE/CONSENT MOTION to Amend/Correct Original Complaint by Larry D. Floyd. (Attachments: #1 Proposed Order, #2 Supplement)(Smith, Mark) Modified text on 5/3/2024 (pp). |
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Filing 5
ORDER: IT IS ORDERED that the Plaintiffs shall amend their Complaint to properly allege the citizenship of Defendants Berkeley Biologics LLC and Spinal Draft Technologies LLC for the purpose of establishing diversity jurisdiction on or before May 23, 2024. Signed by Judge Susie Morgan on 4/29/2024.(pp)
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| Filing 4 Application for Refund of Electronic Fees filed by Larry D. Floyd for the following reason: duplicate charge; receipt number 2728474. (Attachments: #1 Exhibit)(Smith, Mark) |
| Filing 3 Summons Issued as to Aziyo Biologics Inc., Berkeley Biologics LLC, DCI Donor Services Inc., Medtronic Sofamor Danek USA Inc., New Mexico Donor Services, Spinalgraft Technologies LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(gla) |
| Filing 2 Initial Case Assignment to Judge Susie Morgan and Magistrate Judge Donna Phillips Currault. (meb) |
| Filing 1 COMPLAINT with jury demand against All Defendants (Filing fee $ 405 receipt number ALAEDC-10500870) filed by Larry D. Floyd. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)Attorney Mark W Smith added to party Larry D. Floyd(pty:pla).(Smith, Mark) |
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