Guirola v. Caldera Medical, Inc. et al
| Guirola and Stephanie M. Guirola |
| Caldera Medical, Inc, Caldera Medical, Inc., J-Pac, LLC, 25 Centre, LLC and Biomedical Structures, LLC |
| 1:2015cv00088 |
| March 19, 2015 |
| US District Court for the Southern District of Mississippi |
| Southern Office |
| Harrison |
| Jane Triche Milazzo |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 10, 2018. A more recent docket listing may be available from PACER.
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Filing 73
ORDER granting #72 Motion to Withdraw as Attorney. Attorney Ashley W. Gunn is removed as counsel of record. Joe Sam Owen will continue to represent the Plaintiff. Signed by District Judge Jane Triche Milazzo on 10/10/18 (PKS)
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| Filing 72 MOTION to Withdraw as Attorney by Stephanie M. Guirola (Gunn, Ashley) |
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Filing 71
ORDER granting #70 Joint Motion to Dismiss. Ordered that this matter is dismissed with prejudice as to all defendants; and costs are taxed to the party incurring same. Signed by District Judge Jane Triche Milazzo on 5/24/17. (RLW)
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| Filing 70 Joint MOTION to Dismiss by Caldera Medical, Inc. (Attachments: #1 Exhibit 1 - March 3 2017 Judgment and Bar Order, #2 Proposed Order)(Mulholland, Daniel) |
| Filing 69 *** DISREGARD - REFILED CORRECTLY AS DOC. #70 *** Joint MOTION to Dismiss by Caldera Medical, Inc. (Attachments: #1 Exhibit 1 - March 3 2017 Judgment and Bar Order)(Mulholland, Daniel) Modified on 5/23/2017 (PKS). (Attorney is to refile with proposed order attached) Modified on 5/24/2017 (PKS). |
| DOCKET ANNOTATION as to #69: Pursuant to Eastern District of Louisiana, attorney is directed to refile motion with proposed order attached. Motion #69 will be terminated. (PKS) |
| Filing 68 STATUS REPORT by Caldera Medical, Inc. (Attachments: #1 Exhibit A - Caldera Judgment and Bar Order, #2 Exhibit B - Class Action Settlement)(Mulholland, Daniel) |
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Filing 67
ORDER: that this matter shall remain stayed. That defendants shall file a status report, updating the Court on the status of the interpleader action in the Central District of California within 90 days of this Order. Signed by District Judge Jane Triche Milazzo on 2/9/17 (PKS)
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Filing 66
ORDER granting #64 Motion to Withdraw as Attorney. Attorney Roy A. Nowell, Jr removed as counsel of record for plaintiff in this case. Signed by District Judge Jane Triche Milazzo on 2/9/17 (PKS)
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| Filing 65 STATUS REPORT by Caldera Medical, Inc. (Attachments: #1 Exhibit A - Copy of Settlement Approval and Class Certification Order)(Mulholland, Daniel) |
| Filing 64 MOTION to Withdraw as Attorney by Stephanie M. Guirola (Nowell, Roy) |
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Filing 63
ORDER that this matter shall remain STAYED. Defendants shall file a status report, updating the Court on the status of the interpleader action in the Central District of California within 90 days of this Order. (EM)
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| Filing 62 STATUS REPORT by Caldera Medical, Inc. (Mulholland, Daniel) |
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Filing 61
ORDER: Ordered that this matter shall remain stayed. Defendants shall file a status report, updating the Court on the status of the interpleader action in the Central District of California within 90 days of this Order. Signed by District Judge Jane Triche Milazzo on 8/11/16. (RLW)
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| Filing 60 ATTACHMENT re #59 Status Report Ex A - Order by Caldera Medical, Inc. (Mulholland, Daniel) |
| Filing 59 STATUS REPORT by Caldera Medical, Inc. (Mulholland, Daniel) |
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Filing 58
ORDER: that this matter remain stayed. Defendants shall file a status report, updating the Court on the status of the interpleader action in the Central District of California within 60 days of this Order. Signed by District Judge Jane Triche Milazzo on 6/10/16 (PKS)
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| Filing 57 STATUS REPORT by Caldera Medical, Inc. (Attachments: #1 Exhibit 1 - Copy of Judge Wilson's January 25, 2016 Order)(Mulholland, Daniel) |
| Filing 56 STATUS REPORT Supplemental by Stephanie M. Guirola (Owen, Joe) |
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Filing 55
ORDER: This matter shall remain stayed. Defendants shall file a status report, updating the Court on the status of the interpleader action in the Central District of California within 90 days of this Order. Signed by District Judge Jane Triche Milazzo on 12/2/15 (PKS)
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| Filing 54 STATUS REPORT by Caldera Medical, Inc. (Mulholland, Daniel) |
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Filing 53
ORDER: That this matter is stayed and administratively closed. This Court holds that the order of the District Court for the Central District of California, staying all litigation against Defendant Caldera Medical pursuant to 28 U.S.C. 2361, applies to stay this litigation. Defendants shall file a status report, updating the Court on the status of the interpleader action in the Central District of California within 90 days of this Order. Signed by District Judge Jane Triche Milazzo on 9/2/15 (PKS)
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| DOCKET ANNOTATION as to #52: Incorrect linkage made. Rebuttal should be linked to Response in Opposition to #47 Notice of Caldera's Order Staying Action. All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original document. Court staff has made the correction. (PKS) |
| Filing 52 Rebuttal re #50 Response in Opposition to #47 Caldera's Notice Regarding Order Staying Action filed by Caldera Medical, Inc. (Attachments: #1 Declaration of William R. Stuart, II)(Mulholland, Daniel) Modified on 8/31/2015 to add linkage to Notice(PKS). |
| Filing 51 MEMORANDUM IN SUPPORT re #50 Response in Opposition, to Calder's Notice Regarding Order Staying Action filed by Stephanie M. Guirola (Attachments: #1 Exhibit A - January 17, 2014 Email, #2 Exhibit B - Tolling Agreement, #3 Exhibit C - Notice of Dismissal, #4 Exhibit D - December 30, 2014 Email, #5 Exhibit E - January 9, 2015 Email)(Owen, Joe) |
| Filing 50 Response in Opposition re #47 NOTICE of Caldera Medical, Inc. Regarding Order Staying Action by Caldera Medical, Inc. (Attachments: # 1 Exhibit Ex 1 Notice of Conditional Settlement, # 2 Exhibit Joint Suppl. Submission ISO Unopposed Motion to Stay and Enjoin, # 3 Exhibit Federal's August 5, 2015 Suppl. Submission ISO Motion to Stay, # 4 Exhibit August 7, 2015 Minute Order)(Mulholland, Daniel) filed by Stephanie M. Guirola (Owen, Joe) |
| Filing 49 Minute Entry for proceedings held before District Judge Jane Triche Milazzo: Telephone Status Conference held on 8/17/2015. All future filings shall comply with Rule 7 of the Local Rules of the Southern District of Mississippi. Plaintiff shall respond to Defendant's Notice of Stay by August 21, 2015. All pending deadlines are vacated to be reset if the action is not stayed. (PKS) |
| Filing 48 NOTICE of Intent to Respond to Caldera's Notice Regarding a Stay by Stephanie M. Guirola re #47 Notice (Other), (Owen, Joe) |
| Filing 47 NOTICE of Caldera Medical, Inc. Regarding Order Staying Action by Caldera Medical, Inc. (Attachments: #1 Exhibit Ex 1 Notice of Conditional Settlement, #2 Exhibit Joint Suppl. Submission ISO Unopposed Motion to Stay and Enjoin, #3 Exhibit Federal's August 5, 2015 Suppl. Submission ISO Motion to Stay, #4 Exhibit August 7, 2015 Minute Order)(Mulholland, Daniel) |
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Filing 46
ORDER granting #44 Motion to Extend Deadline. Any opposition to Plaintiff's Motion for Discovery shall be filed by August 24, 2015. The Motion shall be taken under submission on August 31, 2015. Signed by District Judge Jane Triche Milazzo on 8/12/15 (PKS)
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| Filing 45 SUMMONS Returned Executed by Stephanie M. Guirola 25 Centre, LLC served on 7/28/2015, answer due 8/18/2015. (Owen, Joe) |
| Filing 44 Unopposed MOTION to Extend Dates for Oppositions to and Submission of Plaintiff's Motion for Discovery Deadline by Caldera Medical, Inc. (Mulholland, Daniel) |
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Filing 43
ORDER: that the telephone status conference is continued and reset for 8/17/15 at 2:00 pm. The parties should contact each other before calling chambers. Signed by District Judge Jane Triche Milazzo on 8/7/15 (PKS)
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Filing 42
ORDER: that any opposition shall be filed by August 17, 2015. The Motion shall be taken under submission on August 24, 2015. Signed by District Judge Jane Triche Milazzo on 8/6/15 (PKS)
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Filing 41
ORDER: a telephone status conference is set for 8/11/2015 at 2:30 pm. The parties should contact each other before calling chambers. Signed by District Judge Jane Triche Milazzo on 8/4/15 (PKS)
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| Pro Hac Vice fee paid for Teresa C. Chow receipt number 0538-3001102 $ 100 (Holwadel, D.) |
| Filing 40 MOTION for Discovery Necessary to Respond to the Preemption Issues Raised in Defendant Biomedical Structures Motion to Dismiss by Stephanie M. Guirola (Owen, Joe) |
| Filing 39 Unopposed MOTION to Reset Submission Date for Motion to Dismiss and to Reset Date for Oral Argument re #31 First MOTION to Dismiss Plaintiff's Second Amended Complaint by Biomedical Structures, LLC (Holwadel, D.) |
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Filing 38
AMENDED ORDER re #36 Order on Motion to Appear Pro Hac Vice. Teresa C. Chow is admitted pro hac vice on behalf of the Defendant, Biomedical Structures, LLC. Signed by District Judge Jane Triche Milazzo on 7/29/15 (PKS)
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Filing 37
ORDER: Motion shall be taken under submission on 9/2/15. Any opposition shall filed by 8/25/15. Defendant's request for oral argument is granted. Oral argument is set in this matter 9/9/15 at 11:00 am at the Eastern District of Louisiana, 500 Poydras St., New Orleans, LA Courtroom C-224. Status conference will be held immediately following oral argument in the chambers of the undersigned. Signed by District Judge Jane Triche Milazzo on 7/27/15 (PKS)
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Filing 36
ORDER granting #35 Motion to Appear Pro Hac Vice for Teresa C. Cow on behalf of defendant Biomedical Structures, LLC. Signed by District Judge Jane Triche Milazzo on 7/27/15 (PKS)
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| DOCKET ANNOTATION as to #34 and #35: L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (PKS) |
| DOCKET ANNOTATION as to #31, #32, #33, #34: Pursuant to Fed.R.Cr.P. Rule 49(d) and Fed.R.Civ.P. Rule 84, appendix form 2 states that date, signature, address, e-mail address and telephone number are used at the conclusion of pleadings and other papers that require a signature. Document is undated, but the date will be construed as the date of electronic filing. Attorney is advised to follow this rule in future filings. (PKS) |
| Filing 35 First MOTION for Teresa C. Chow to Appear Pro Hac Vice by Biomedical Structures, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Certificate of Good Standing, #4 Exhibit D - Certificate of Good Standing fm Supreme Court)(Holwadel, D.) |
| Filing 34 NOTICE "Request for Judicial Notice" by Biomedical Structures, LLC re #31 First MOTION to Dismiss Plaintiff's Second Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B)(Holwadel, D.) |
| Filing 33 NOTICE of Hearing on Motion to Dismiss Plaintiff's Second Amended Complaint by Biomedical Structures, LLC re #31 First MOTION to Dismiss Plaintiff's Second Amended Complaint (Holwadel, D.) |
| Filing 32 MEMORANDUM in Support re #31 First MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Biomedical Structures, LLC (Attachments: #1 Affidavit of John R. Gray Jr, #2 Affidavit of D. Russell Holwadel)(Holwadel, D.) |
| Filing 31 First MOTION to Dismiss Plaintiff's Second Amended Complaint by Biomedical Structures, LLC (Holwadel, D.) |
| Filing 30 ANSWER to #24 Amended Complaint by Caldera Medical, Inc..(Mulholland, Daniel) |
| Filing 29 Summons Issued as to 25 Centre, LLC. (PKS) |
| Pro Hac Vice fee paid by William R. Stuart and Beth S. Rose $ 200, receipt number 14643007091. (JCH) |
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Filing 28
ORDER granting #26 Motion for Beth S. Rose to Appear Pro Hac Vice on behalf of Defendant Caldera Medical, Inc. Signed by District Judge Jane Triche Milazzo on 7/7/15 (PKS)
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Filing 27
ORDER granting #25 Motion for William R. Stuart, III to Appear Pro Hac Vice on behalf of Defendant, Caldera Medical, Inc. Signed by District Judge Jane Triche Milazzo on 7/7/15 (PKS)
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| Filing 26 MOTION for BETH S. ROSE to Appear Pro Hac Vice by Caldera Medical, Inc. (Attachments: #1 Certificate of Good Standing)(Mulholland, Daniel) |
| Filing 25 MOTION for WILLIAM R. STUART III to Appear Pro Hac Vice by Caldera Medical, Inc. (Attachments: #1 Certificate of Good Standing)(Mulholland, Daniel) |
| Filing 24 AMENDED COMPLAINT against 25 Centre, LLC, Biomedical Structures, LLC, Caldera Medical, Inc., filed by Stephanie M. Guirola.(Owen, Joe) |
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Filing 23
ORDER: that 22 Summons Issued and 21 Amended Complaint be stricken and removed from the record in accordance with the local rules of Southern District of Mississippi. Signed by District Judge Jane Triche Milazzo on 6/24/15 (PKS)
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| Filing 22 *** DOCUMENT STRICKEN PER #23 ORDER *** Summons Issued as to 25 Centre, LLC, Biomedical Structures, LLC, Caldera Medical, Inc as to Second Amended Complaint. (Attachments: # 1 Summons - 25 Centre, LLC, # 2 Summons - Biomedical Structures, LLC)(EM) Modified on 6/25/2015 (PKS). |
| Filing 21 *** DOCUMENT STRICKEN PER #23 ORDER *** SECOND AMENDED COMPLAINT against Biomedical Structures, LLC, Caldera Medical, Inc., 25 Centre, LLC, filed by Stephanie M. Guirola.(EM) Modified on 6/25/2015 (PKS). |
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Filing 20
ORDER granting #15 , #19 Motions for Leave to File a Second Amended Complaint.Signed by Judge Jane Triche Milazzo on June 19, 2015. (EM)
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| Filing 19 Unopposed MOTION to Amend/Correct #1 Complaint by Stephanie M. Guirola (Attachments: #1 Exhibit A - Proposed Second Amended Complaint)(Owen, Joe) |
| Filing 18 Corporate Disclosure Statement by Caldera Medical, Inc. (Mulholland, Daniel) |
| Filing 17 ANSWER to #1 Complaint with Jury Demand TO AMENDED COMPLAINT by Caldera Medical, Inc..(Mulholland, Daniel) |
| Filing 16 NOTICE of Appearance by Fred Krutz, III on behalf of Caldera Medical, Inc. (Krutz, Fred) |
| Filing 15 MOTION to Amend/Correct #4 Amended Complaint by Stephanie M. Guirola (Attachments: #1 Exhibit A - Proposed Second Amended Complaint)(Owen, Joe) |
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Filing 14
ORDER granting #13 Motion for Extension of Time to Answer re #4 Amended Complaint Caldera Medical, Inc. answer due 6/17/2015. (EM)
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| Filing 13 MOTION for Extension of Time to File Answer re #4 Amended Complaint by Caldera Medical, Inc. (Mulholland, Daniel) |
| Filing 12 ANSWER to Complaint with Jury Demand (Answer and Affirmative Defenses to Amended Complaint) by J-Pac, LLC.(Walker, Robert) |
| DOCKET ANNOTATION as to #10 and #11: Attorney is to include the correct judge assignment of JTM on future filed pleadings. This case was reassigned to District Judge Jane Triche Milazzo on 4/14/15. (PKS) |
| Filing 11 NOTICE of Appearance by Ashley C. Wright on behalf of Stephanie M. Guirola (Wright, Ashley) |
| Filing 10 NOTICE of Appearance by Roy A. Nowell, Jr on behalf of Stephanie M. Guirola (Nowell, Roy) |
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Filing 9
ORDER OF RECUSAL: The Clerk of Court is hereby directed to reassign this case to another judge in accordance with this Court's practice and procedure. Signed by Magistrate Judge John C. Gargiulo on 4/16/15 (PKS)
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| Filing 8 SUMMONS Returned Executed by Stephanie M. Guirola J-Pac, LLC served on 3/31/2015, answer due 4/21/2015. (Owen, Joe) |
| Filing 7 SUMMONS Returned Executed by Stephanie M. Guirola Caldera Medical, Inc. served on 4/6/2015, answer due 4/27/2015. (Owen, Joe) |
| Filing 6 SUMMONS Returned Executed by Stephanie M. Guirola Biomedical Structures, LLC served on 4/3/2015, answer due 4/24/2015. (Owen, Joe) |
| Filing 5 DESIGNATION OF DISTRICT JUDGE SERVICE IN ANOTHER DISTRICT WITHIN THE CIRCUIT: In accordance with the provisions of section 292(b) of Title 28, United States Code, and finding that the public interest would be served thereby, I hereby designate and assign the Honorable Jane T. Milazzo, United States District Judge for the Eastern District of Louisiana, to conduct all proceedings in this matter. Signed by Chief Judge Carl E. Stewart, United States Court of Appeals, Fifth Circuit on 4/13/15 (PKS) |
| Case reassigned to District Judge Jane Triche Milazzo. District Judge Halil S. Ozerden no longer assigned to the case. (PKS) |
| Filing 4 AMENDED COMPLAINT against J-Pac, LLC, Biomedical Structures, LLC and Caldera Medical, Inc., filed by Stephanie M. Guirola.(Owen, Joe) Modified to correct applicable parties on 5/19/2015 (JCH). |
| Filing 3 Letter sent to MDL Clerk with docket entries and complaint. (JCH) |
| Filing 2 Summons Issued as to Biomedical Structures, LLC, Caldera Medical, Inc., J-Pac, LLC. (JCH) |
| Filing 1 COMPLAINT against Biomedical Structures, LLC, Caldera Medical, Inc., J-Pac, LLC (Filing fee $ 400; receipt number 14643006738), filed by Stephanie M. Guirola. Jury trial requested by Plaintiff. (Attachments: #1 Civil Cover Sheet)(JCH) |
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