Serrano et al v. Philips North America LLC et al
| Cesar Serrano and Michelle Cuevas |
| Philips North America LLC, Philips Holding USA, Inc. and Philips RS North America LLC, |
| 1:2023cv11126 |
| May 19, 2023 |
| US District Court for the District of Massachusetts |
| Donald L Cabell |
| Angel Kelley |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Both |
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| Filing 11 Certified copy re #10 Order of Remand to the State Court, 9 Order on Report and Recommendations, and case file mailed to the Middlesex County Superior Court on 6/15/2023. (Pacho, Arnold) |
| Filing 10 District Judge Angel Kelley: ORDER entered. ORDER OF REMAND to the Middlesex County Superior Court. (Pacho, Arnold) |
| Filing 9 District Judge Angel Kelley: ELECTRONIC ORDER entered. The 7 Report and Recommendation is ADOPTED and the matter is hereby REMANDED to the Middlesex County Superior Court. (Lara, Miguel) |
| Filing 8 ELECTRONIC NOTICE of Case RE-Assignment. District Judge Angel Kelley assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) |
| Filing 7 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER and REPORT AND RECOMMENDATION entered re #6 Assented to MOTION to Withdraw #1 Notice of Removal, filed by Philips Holding USA, Inc., Philips North America LLC, Philips RS North America LLC. On May 19, 2023, the plaintiffs filed this products liability action in Middlesex Superior Court. (Dkt. No. 1-1). That same day, the defendants, each of which has a principal place of business in Massachusetts, removed the action to this court, invoking the court's diversity jurisdiction under 28 U.S.C. 1332(a). (Dkt. No. 1). The case was randomly drawn to me. (Dkt. No. 2). The parties have not consented to proceeding before a magistrate judge. Soon after the defendants filed the notice of removal, the plaintiffs filed an emergency motion to remand the case to state court, arguing that the removal was improper. (Dkt. No. 4). The defendants now agree that the case should be remanded and have filed an assented-to motion to withdraw the notice of removal. (Dkt. No. 6). Accordingly, I order that the case be redrawn to a district judge and recommend that the district judge allow the assented-to motion to withdraw (Dkt. No. 6), deny the motion to remand as moot (Dkt. No. 4), and remand the case to Middlesex Superior Court. Objections to R&R due by 6/14/2023. (Russo, Noreen) |
| Filing 6 Assented to MOTION to Withdraw #1 Notice of Removal, by Philips Holding USA, Inc., Philips North America LLC, Philips RS North America LLC,.(Bresnahan, Elizabeth) |
| Filing 5 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (Russo, Noreen) |
| Filing 4 Emergency MOTION to Remand to State Court by Michelle Cuevas, Cesar Serrano. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Kelley, Walter) |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by mail (Phillips, Sophie) |
| Filing 2 NOTICE of Case Assignment. Magistrate Judge Donald L. Cabell assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) |
| Filing 1 NOTICE OF REMOVAL by Philips Holding USA, Inc., Philips North America LLC, Philips RS North America LLC, ( Filing fee: $ 402, receipt number CMADC-9864718 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet, #9 Category Form)(Bresnahan, Elizabeth) |
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