Armstrong et al v. Biotronik Inc
Plaintiff: Kimberly Armstrong and Gabrielle Armstrong
Defendant: Biotronik Inc and A B C Insurance Co
Case Number: 1:2021cv04368
Filed: December 21, 2021
Court: US District Court for the Western District of Louisiana
Presiding Judge: David C Joseph
Referring Judge: Joseph H L Perez-Montes
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 11, 2022 Filing 17 REPLY to Response to Motion re #3 MOTION to Dismiss For Failure to State a Claim filed by Biotronik Inc. (aty,Moldoveanu, Susanna)
February 7, 2022 Opinion or Order Filing 16 ORDER granting #15 Motion to Enroll as Counsel. Added as counsel Susanna M Moldoveanu for Biotronik Inc. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 2/7/2022. (crt,Tice, Y)
February 4, 2022 Filing 15 MOTION for Susanna M. Moldoveanu to Enroll as Counsel by Biotronik Inc. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 2/4/2022. (Attachments: #1 Proposed order)(aty,Smith, Lea)
January 28, 2022 Opinion or Order Filing 14 ELECTRONIC ORDER granting #13 Motion for Extension of Time to File Response/Reply re #3 MOTION to Dismiss For Failure to State a Claim. Responses due by 2/11/2022. Signed by Judge David C Joseph on 1/28/2022. (crt,Roaix, G)
January 28, 2022 Motions Transferred regarding #13 MOTION for Extension of Time to File Reply re #3 Motion to Dismiss For Failure to State a Claim. Motions referred to Judge David C Joseph. (crt,Miletello, A)
January 27, 2022 Filing 13 MOTION for Extension of Time to File Reply re #3 Motion to Dismiss For Failure to State a Claim with consent sought but not yet obtained by Biotronik Inc. Motion Ripe Deadline set for 1/27/2022. Motions referred to Joseph H L Perez-Montes. (Attachments: #1 Proposed order)(aty,Smith, Lea) Modified on 1/28/2022 to create docket entry relationship and modify docket text (Miletello, A).
January 25, 2022 Filing 12 MEMORANDUM in Opposition re #3 MOTION to Dismiss For Failure to State a Claim filed by Gabrielle Armstrong, Kimberly Armstrong. (Attachments: #1 Exhibit A - Biotronik Urgent Notice, #2 Exhibit B - Operative Report, #3 Exhibit C - Biotronik Product Lookup)(aty,Palmintier, Michael)
January 10, 2022 Opinion or Order Filing 11 REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 1/10/2022. (crt,Tice, Y)
December 30, 2021 Opinion or Order Filing 10 ELECTRONIC ORDER granting #9 Motion for Extension of Time to File Response/Reply as to #3 MOTION to Dismiss For Failure to State a Claim with consent Responses due by 1/25/2022. Signed by Judge David C Joseph on 12/30/2021. (jud,Joseph, David)
December 29, 2021 Filing 9 MOTION for Extension of Time to File Response/Reply as to #3 MOTION to Dismiss For Failure to State a Claim with consent by Gabrielle Armstrong, Kimberly Armstrong. Motion Ripe Deadline set for 12/29/2021. (Attachments: #1 Proposed order)(aty,Palmintier, Michael)
December 22, 2021 Filing 8 NOTICE of Motion Setting regarding: #3 MOTION to Dismiss For Failure to State a Claim. Motions referred to Judge David C Joseph. (crt,Miletello, A)
December 22, 2021 Filing 7 RESPONSE TO REMOVAL ORDER by Biotronik Inc . (aty,Smith, Lea)
December 22, 2021 Filing 6 CORRECTIVE DOCUMENT entitled Memorandum in Support regarding #3 MOTION to Dismiss For Failure to State a Claim filed by Biotronik Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(aty,Smith, Lea) Modified docket text on 12/22/2021 (Miletello, A).
December 21, 2021 Filing 5 NOTICE of Deficiency to Lea Ann Smith on behalf of Biotronik Inc regarding #3 MOTION to Dismiss For Failure to State a Claim. Reason: A table of contents and table of cases, statutes and other authorities is required for a brief which exceeds ten pages. (crt,Miletello, A)
December 21, 2021 Filing 4 PROPOSED REMOVAL ORDER. Referred to Magistrate Judge Joseph H L Perez-Montes. Motion Ripe Deadline set for 12/21/2021. (crt,Miletello, A)
December 21, 2021 Filing 3 MOTION to Dismiss For Failure to State a Claim Biotronik, Inc. by Biotronik, Inc.. (Attachments: #1 Memorandum / Brief, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Proposed order)(aty,Smith, Lea) Modified on 12/21/2021 to indicate deficient (Miletello, A). Modified on 12/22/2021 to remove deficiency, see #6 Corrective Document (Miletello, A).
December 21, 2021 Filing 2 CORPORATE DISCLOSURE STATEMENT by Biotronik Inc identifying Corporate Parent M S Holding II S E for Biotronik Inc. (aty,Smith, Lea) Modified docket text on 12/21/2021 (Miletello, A).
December 21, 2021 Filing 1 NOTICE of Removal from 9th JDC Rapides Parish, Case Number 271,640 (Filed on behalf of USA - Filing Fee not required) filed by Biotronik, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil cover sheet)(Attorney Lea Ann Smith added to party Biotronik, Inc.(pty:dft))(aty,Smith, Lea)
December 21, 2021 ELECTRONIC PAYMENT of Civil Case filing fee by Biotronik, Inc.. ( Filing Fee: $402, receipt number ALAWDC-4936115) . (aty,Smith, Lea)
December 21, 2021 CASE Assigned to Judge David C Joseph and Magistrate Judge Joseph H L Perez-Montes. (crt,Miletello, A)

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Plaintiff: Kimberly Armstrong
Represented By: Michael C Palmintier
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Plaintiff: Gabrielle Armstrong
Represented By: Michael C Palmintier
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Defendant: Biotronik Inc
Represented By: Lea Ann Smith
Represented By: Susanna M Moldoveanu
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Defendant: A B C Insurance Co
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