Armstrong et al v. A B C Corp et al
| Kimberly Armstrong and Gabrielle Armstrong |
| A B C Corp, A B C Insurance Co and Biotronik Inc |
| 1:2022cv01324 |
| May 18, 2022 |
| US District Court for the Western District of Louisiana |
| Alexandria Office |
| Elizabeth E Foote |
| Joseph H L Perez-Montes |
| Robert R Summerhays |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 19 ELECTRONIC MINUTE ENTRY issued by the Clerk. Case reassigned to Judge Robert R Summerhays. Judge Elizabeth E Foote no longer assigned to case. All future filings should bear the name of the new judge assignment. Approved by Chief Judge S Maurice Hicks, Jr on 9/23/2022. (crt,Whidden, C) |
Filing 18
ORDER re Plaintiffs' #14 Memorandum in Opposition to Motion re #5 MOTION to Dismiss For Failure to State a Claim. Plaintiffs' request to amend complaint is GRANTED. Plaintiffs must submit an amended complaint by 10/16/2022. It is further ORDERED that #5 MOTION to Dismiss For Failure to State a Claim filed by Biotronik Inc, is DENIED without prejudice to the right to refile at a later date. Signed by Judge Elizabeth E Foote on 9/13/2022. (crt,Enkey, R)
|
| Set/Reset Deadlines: Amended Complaint due by 10/16/2022. (crt,Enkey, R) |
|
Filing 17
ORDER granting #16 Motion to Enroll as Counsel. Added as counsel Susanna M Moldoveanu for Biotronik Inc. Signed by Magistrate Judge Joseph H L Perez-Montes on 6/21/2022. (crt,Miletello, A)
|
| Filing 16 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 6/16/2022. (Attachments: #1 Proposed order)(aty,Smith, Lea) |
| Filing 15 REPLY to Response to Motion re #5 MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case to filed by Biotronik Inc. (aty,Smith, Lea) |
| Filing 14 MEMORANDUM in Opposition re #5 MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case to filed by Gabrielle Armstrong, Kimberly Armstrong. (Attachments: #1 Exhibit Biotronik Field Notice, #2 Exhibit Op Report (redacted), #3 Exhibit Biotronik CRM Look Up)(aty,Palmintier, Michael) |
| Filing 13 NOTICE of Motion Setting regarding: #5 MOTION to Dismiss for Failure to State a Claim. Motions referred to Judge Elizabeth E Foote. (crt,Jones, P) |
| Filing 12 DISTRICT CASE transferred in from District of Louisiana Middle; Case Number 3:21-cv-00600. Original file copy of transfer order and docket sheet received |
|
Filing 11
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (EDC) [Transferred from Louisiana Middle on 5/18/2022.]
|
|
Filing 10
RULING AND Order: Defendant Biotronik, Inc.'s 12(b)(3) Motion ToTransfer Venue (Doc. 5) is GRANTED IN PART and DENIED IN PART. The Court finds dismissal pursuant to Federal Rule of Civil Procedure 12(b)(3)inappropriate but finds transfer appropriate pursuant to 28 U.S.C. 1404(a).The above-captioned matter be and is hereby transferred to the United States District Court for the Western District of Louisiana. Defendant Biotronik, Inc.'s 12(b)(6) Motion To Dismiss For Failure To State Claim shall remain pending for disposition before the United States District Court for the Western District of Louisiana. Signed by Judge Brian A. Jackson on 5/17/2022. (EDC) [Transferred from Louisiana Middle on 5/18/2022.]
|
| CASE Assigned to Judge Elizabeth E Foote and Magistrate Judge Joseph H L Perez-Montes. (crt,Jones, P) |
|
Filing 9
ORDER: The telephone scheduling conference set for 12/9/2021 is CANCELLED. The parties shall contact the Court immediately should the district judge deny the motion to transfer venue. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/30/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SWE) [Transferred from Louisiana Middle on 5/18/2022.]
|
| Filing 8 STATUS REPORT by All Plaintiffs. (Palmintier, Michael) [Transferred from Louisiana Middle on 5/18/2022.] |
| Filing 7 MEMORANDUM in Opposition to #5 MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case to USWDLA filed by All Plaintiffs. (Palmintier, Michael) [Transferred from Louisiana Middle on 5/18/2022.] |
|
Filing 6
SCHEDULING CONFERENCE ORDER: Telephone Scheduling Conference set for 12/9/2021 at 03:00 PM before Magistrate Judge Richard L. Bourgeois Jr. Counsel for plaintiff shall initiate the call to all parties then contact the chambers of the undersigned at (225) 389-3602. Status Report due by 11/26/2021. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/1/2021. (SWE) [Transferred from Louisiana Middle on 5/18/2022.]
|
| Filing 5 MOTION to Dismiss for Failure to State a Claim by Biotronik, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Proposed Pleading;)(Smith, Lea Ann). Added MOTION to Transfer Venue to on 10/28/2021 (ELW). [Transferred from Louisiana Middle on 5/18/2022.] |
|
Filing 4
ORDER granting #3 MOTION to Substitute Civil Cover Sheet filed by Biotronik, Inc.. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 10/22/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) [Transferred from Louisiana Middle on 5/18/2022.]
|
| MOTION(S) REFERRED: #3 MOTION to Substitute Civil Cover Sheet . This motion is now pending before the USMJ. (NLT) [Transferred from Louisiana Middle on 5/18/2022.] |
| Case Reassigned to Judge Brian A. Jackson. Judge John W. deGravelles no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (LLH) [Transferred from Louisiana Middle on 5/18/2022.] |
| Filing 3 MOTION to Substitute Civil Cover Sheet by Biotronik, Inc.. (Attachments: #1 Attachment Proposed Order, #2 Exhibit 1- Civil Cover Sheet)(Smith, Lea Ann) [Transferred from Louisiana Middle on 5/18/2022.] |
| Filing 2 Corporate Disclosure Statement by Biotronik, Inc. identifying Corporate Parent MS Holding II SE for Biotronik, Inc.. (Smith, Lea Ann) [Transferred from Louisiana Middle on 5/18/2022.] |
| Filing 1 NOTICE OF REMOVAL from 19th JDC East Baton Rouge Parish, Case Number C-711079. (Filing fee $ 402 receipt number ALAMDC-2354709), filed by Biotronik, Inc.. (Attachments: #1 Exhibit 1 -Secy of State, Biotronik, Inc., #2 Exhibit 2 - Certified Copy of State Court Record)(Smith, Lea Ann) (Main Document 1 replaced on 10/20/2021) (NLT). (Additional attachment(s) added on 10/20/2021: #3 Cover Sheet) (NLT). (Attachment 3 replaced on 10/22/2021 in accordance with RD 4) (SWE). [Transferred from Louisiana Middle on 5/18/2022.] |
| ***Added Attorney Michael Carter Palmintier for Gabrielle Armstrong,Michael Carter Palmintier for Kimberly Armstrong. (NLT) [Transferred from Louisiana Middle on 5/18/2022.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Louisiana Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
