Garcia v. Covidien LP et al
| Alexandra Garcia |
| Covidien L.P. and Medtronic, Inc. |
| 1:2022cv11022 |
| June 28, 2022 |
| US District Court for the District of Massachusetts |
| Patti B Saris |
| Contract Product Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| None |
Docket Report
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| Filing 43 Judge Patti B. Saris: DIRECT FILING ORDER entered. Associated Cases: 1:22-md-03029-PBS et al.(Pezzarossi, Lisa) |
| Filing 42 ELECTRONIC NOTICE OF RESETTING STATUS CONFERENCE BY VIDEO: The STATUS CONFERENCE IS RESET FROM 7/15/2022 to 8/17/2022 at 2:30 PM BY VIDEO before Judge Patti B. Saris. Counsel of record: To gain access to the hearing, please register at the following address: https://forms.mad.uscourts.gov/courtlist.html. (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.) This hearing will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:22-md-03029-PBS et al.(Geraldino-Karasek, Clarilde) |
| Filing 41 ELECTRONIC NOTICE OF HEARING BY VIDEO: STATUS CONFERENCE SET FOR 7/15/2022 02:00 PM BY VIDEO before Judge Patti B. Saris.Counsel of record: To gain access to the hearing, please register at the following address: https://forms.mad.uscourts.gov/courtlist.html. (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.) This hearing will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.govor contact media@mad.uscourts.gov. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (Geraldino-Karasek, Clarilde) |
| Filing 40 Judge Patti B. Saris: ORDER entered. MDL Orders No. 1-4. General Provisions. (Attachments: #1 Order Suspending Deadlines & Staying Responsive Pleadings, #2 Order Concerning Appearances of Counsel, #3 Order - Initial Status Conference)(Geraldino-Karasek, Clarilde) |
| Filing 39 ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. (Danieli, Chris) |
| Filing 38 Case transferred in from District of Florida Middle; Case Number 6:21-cv-01208. |
| Filing 37 MULTIDISTRICT LITIGATION panel order transferring case to: District of Massachusetts. MDL case number: 3029 (RDO) |
| Filing 36 ANSWER and affirmative defenses to Complaint by Covidien LP, Medtronic, Inc..(Samra, Harout) |
Filing 35
ORDER granting in part and denying in part #6 Motion to Dismiss for Failure to State a Claim. Count III is DISMISSED WITHOUT PREJUDICE. On or before January 21, 2022, Plaintiff may file an Amended Complaint consistent with the directives of this Order. Signed by Judge Paul G. Byron on 1/6/2022. (AH)
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| Set/reset deadlines/hearings: Amended Complaint due by 1/21/2022 (RDO) |
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Filing 34
ORDER denying #14 Motion to Remand to State Court. Signed by Judge Paul G. Byron on 12/17/2021. (AH)
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Filing 33
ENDORSED ORDER striking #32 Defendants' Notice of Service of Initial Disclosures. This district prohibits litigants from filing discovery material unless "ordered by the Court, if necessary to the presentation or defense of a motion, or if required by law or rule." Middle District Discovery (2021) at 3; see also Fed. R. Civ. P. 5(d)(1) ("[D]isclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission.") Signed by Magistrate Judge Embry J. Kidd on 10/26/2021. (IRM)
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| Filing 32 (STRICKEN BY #33 ENDORSED ORDER) NOTICE by Covidien LP, Medtronic, Inc. of Service of Initial Disclosures pursuant to Fed. R. Civ. P. 26 (Samra, Harout) Modified on 10/26/2021 (RDO). |
| Filing 31 (DOC. IS A DUPLICATE OF #30 ) NOTICE OF SELECTION of Rodney Max as mediator by Covidien LP, Medtronic, Inc.. (Samra, Harout) Modified on 10/8/2021 (RDO). |
| Filing 30 NOTICE of mediation conference/hearing to be held on September 8, 2022 at 10:00 a.m. before Rodney Max. (Samra, Harout) |
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Filing 29
ORDER granting #28 Defendants' Unopposed Motion for Jessica C. Wilson to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 9/27/2021. (IRM)
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| Filing 28 Unopposed MOTION for Jessica C. Wilson to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18747150 for $150 by All Defendants. (Samra, Harout) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 27 CASE REFERRED to Mediation. (TNP) |
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Filing 26
ORDER directing the parties to confer and advise the Court on the selection of a mediator within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 9/23/2021. (GNB) ctp
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Filing 25
CASE MANAGEMENT AND SCHEDULING ORDER. Amended Pleadings due by 1/15/2022 Joinder of Parties due by 1/15/2022 Discovery due by 9/1/2022 Dispositive motions due by 10/3/2022 Pretrial statement due by 1/17/2023 All other motions due by 1/23/2023 Plaintiff disclosure of expert report due by 7/5/2022 Defendant disclosure of expert report due by 8/1/2022 Final Pretrial Conference set for 2/21/2023 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron Jury Trial set for 3/6/2023 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 9/15/2022. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 9/23/2021. (GNB) ctp
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Filing 24
ENDORSED ORDER discharging #10 Order to show cause. Signed by Judge Paul G. Byron on 9/22/2021. (GNB) ctp
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| Filing 23 CASE MANAGEMENT REPORT. (Meyer, Steven) |
| Filing 22 MEMORANDUM in opposition re #14 Motion to Remand to State Court filed by Covidien LP, Medtronic, Inc.. (Samra, Harout) |
| Filing 21 RESPONSE in Opposition re #6 MOTION to Dismiss for Failure to State a Claim filed by Alexandra Garcia. (Meyer, Steven) |
| Filing 20 Joint RESPONSE TO ORDER TO SHOW CAUSE re #10 Order to show cause filed by Alexandra Garcia. (Meyer, Steven) Modified text on 8/30/2021 (TNP). |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement re #3 Order, #10 Order to show cause by Alexandra Garcia. (Meyer, Steven) |
| Filing 18 NOTICE of a related action per Local Rule 1.07(c) by Alexandra Garcia. Related case(s): No (Meyer, Steven) |
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Filing 17
ENDORSED ORDER denying #16 Motion for Extension of Time to File. Regarding Plaintiff's request that the Court rule on the Motion for Remand before ruling on the Motion to Dismiss, the Court always resolves jurisdictional questions before substantive motions. Regarding Plaintiff's request for permission to amend her complaint in lieu of responding to the Motion to Dismiss should the Court deny her Motion to Remand, the Court does not stay other deadlines in a case pending the resolution of a motion. Moreover, Plaintiff calculates the deadline for her response to Defendant's Motion to Dismiss incorrectly. Plaintiff's response was due on August 23, 2021, and requests for extensions of time filed on the deadline are disfavored. However, given the confusion surrounding the improperly filed Complaint and Notice of Removal, the Court will permit an extension of time for Plaintiff to respond to the Motion to Dismiss. Plaintiff must respond on or before Friday, August 27, 2021. Signed by Judge Paul G. Byron on 8/24/2021. (CPH)
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| Filing 16 MOTION for Extension of Time to File Response and Objection to Motion to Dismiss, or in the Alternative, Motion for Extension of Time to File Amended Complaint by Alexandra Garcia. (Meyer, Steven) |
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Filing 15
ENDORSED ORDER vacating 13 Order on Motion to Dismiss. The Clerk of Court is DIRECTED to reopen the Motion to Dismiss at Doc. #6 . Signed by Judge Paul G. Byron on 8/23/2021. (GNB) ctp
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| Filing 14 MOTION to Remand to State Court by Alexandra Garcia. (Meyer, Steven) |
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Filing 13
ENDORSED ORDER denying as moot #6 Motion to Dismiss for Failure to State a Claim. Plaintiff has filed an Amended Complaint #7 . Signed by Judge Paul G. Byron on 8/20/2021. (JRR)
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| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Covidien LP, Medtronic, Inc.. Related case(s): Yes (Samra, Harout) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #3 Order by Covidien LP, Medtronic, Inc. identifying Corporate Parent Medtronic plc, Corporate Parent Covidien Holding Inc., Other Affiliate United States Surgical Corporation, Other Affiliate Newport Medical Instruments, Inc., Other Affiliate Sherwood Medical Company I, Other Affiliate Valleylab Holding Corporation, Other Affiliate VNUS Medical Technologies II, Inc., Other Affiliate VNUS Medical Technologies II, Inc., Other Affiliate Nellcor Puritan Bennett LLC, Other Affiliate Life Design Systems Inc., Other Affiliate MSCH LLC, Other Affiliate Covidien US Holdings, Inc., Other Affiliate Batts, Inc., Other Affiliate Lazarus Effect, Inc. for Covidien LP; Corporate Parent Medtronic plc for Medtronic, Inc.. (Samra, Harout) |
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Filing 10
ORDER TO SHOW CAUSE. The parties have failed to comply with the Court's Order #3 . The parties shall SHOW CAUSE and file their responses to said Order within fourteen (14) days from the date of this Order. Failure to comply with this Order may result in dismissal without prejudice or other appropriate sanctions. Signed by Judge Paul G. Byron on 8/13/2021. (GNB) ctp
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Filing 9
ENDORSED ORDER striking #8 Certificate of Interested Persons and Corporate Disclosure Statement. Defendants have failed to include the required certification in accordance with Local Rule 3.03(b). Defendants are directed to refile the Certificate of Interested Persons within seven (7) days. Signed by Judge Paul G. Byron on 8/13/2021. (GNB) ctp
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| Filing 8 (STRICKEN BY #9 ENDORSED ORDER) CERTIFICATE of interested persons and corporate disclosure statement re #3 Order by Covidien LP, Medtronic, Inc. . (Samra, Harout) Modified on 8/16/2021 (RDO). |
| Filing 7 REFILED COMPLAINT and NOTICE OF REMOVAL from Eighteenth Judicial Circuit of Florida, case number 052020CA010599XXXX filed in State Court on 1/5/2020. Filed by Covidien LP, Medtronic, Inc.. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Samra, Harout) Modified on 8/9/2021 (RDO). Modified on 8/23/2021 (GNB). |
| Filing 6 MOTION to Dismiss for Failure to State a Claim by All Defendants. (Samra, Harout) |
| Filing 5 NOTICE by Covidien LP, Medtronic, Inc. re #1 Notice of Removal (Attachments: #1 Exhibit Certificate of Service (Covidien), #2 Exhibit Certificate of Service (Medtronic), #3 Civil Cover Sheet Civil Cover Sheet, #4 State Court Docket Sheet State Court Docket Sheet, #5 State Court COMPLAINT State Court Complaint, #6 State Court Other Documents State Court - Other Documents)(Samra, Harout) |
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Filing 4
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 7/28/2021. (JLE)
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Filing 3
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 7/27/2021. (GNB) ctp
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| Filing 2 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Embry J. Kidd. New case number: 6:21-cv-1208-PGB-EJK. (SJB) |
| Filing 1 (IMPROPERLY FILED. ATTORNEY NOTIFIED AND THEY WILL REFILE) COMPLAINT and NOTICE OF REMOVAL by Covidien LP and Medtronic, Inc. from 18th Judicial Circuit, case number 052020CA010599 Filing fee $ 402, receipt number AFLMDC-18517883 filed by All Defendants.(Samra, Harout) Modified on 7/30/2021 (RDO). |
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