Tina Pellicone v. Edwards Lifesciences Corp.
Plaintiff: Tina Pellicone, as Administrator of the Estate of Philip Pellicone, deceased and Tina Pellicone
Defendant: Edwards Lifesciences Corp.
Case Number: 2:2021cv07045
Filed: December 21, 2021
Court: US District Court for the Eastern District of New York
Presiding Judge: Gary R Brown
Referring Judge: James M Wicks
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on February 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 16, 2022 Opinion or Order Filing 13 ORDER DISMISSING CASE re #12 Stipulation of Dismissal - The Clerk of Court is directed to close this case. SO Ordered by Judge Gary R. Brown on 2/16/2022. (Tirado, Chelsea)
February 15, 2022 Filing 12 STIPULATION of Dismissal by Edwards Lifesciences Corp. (Howell, Kelly)
February 3, 2022 Opinion or Order ORDER denying #11 Motion to Adjourn Conference. The parties are advised that a motion pursuant to 12(b)(6) does not automatically stay the case. Accordingly, the Initial Conference remains scheduled for February 23, 2022 and if the parties intend to seek a stay of this action, they are directed to comply with the undersigned's Rules (Section 3(C)). Ordered by Magistrate Judge James M. Wicks on 2/3/2022. (Weinstein, Tracy)
February 2, 2022 Filing 11 Consent MOTION to Adjourn Conference (Initial Conference) by Edwards Lifesciences Corp.. (Howell, Kelly)
January 31, 2022 Filing 10 NOTICE of Appearance by Joseph G. Dell on behalf of All Plaintiffs (aty to be noticed) (Dell, Joseph)
January 28, 2022 Opinion or Order ORDER granting #9 Motion for Pre Motion Conference. A pre-motion telephone conference is scheduled for February 24, 2022 at 10 A.M. before Judge Gary R. Brown, at which time the parties should be prepared to address Defendant's anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 9. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Plaintiff is directed to respond to DE 9 in accordance with the undersigned's individual rules by February 14, 2022. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 1/28/2022. c/ecf (Tahbaz, Joseph)
January 27, 2022 Filing 9 Letter MOTION for pre motion conference by Edwards Lifesciences Corp.. (Howell, Kelly)
January 10, 2022 Filing 8 STATE COURT RECORD Received from the Suffolk County Clerk's Office - Enclosing Certified copy of Clerk's Minutes for the E-filed Supreme Court case, Index # 621401/2021, along with a copy of the Notice of Removal or 8019(c) with order. (Tirado, Chelsea)
December 27, 2021 Opinion or Order Filing 7 INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference is scheduled for 11:30 AM on February 23, 2022 before Magistrate Judge James M. Wicks, by video. The parties are directed to complete the attached Proposed Rule 26(f) Scheduling Order and electronically file same with the Court no later than February 17, 2022. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. The Court will email a Zoom link closer to the Conference date. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 12/27/2021. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Rules) (Ortiz, Grisel)
December 26, 2021 Opinion or Order ORDER granting #6 Motion for Extension of Time to File Response to complaint. Defendant's time within which to respond to the complaint is hereby extended to and including January 27, 2022. So Ordered by Magistrate Judge James M. Wicks on 12/26/2021. (Wicks, James)
December 24, 2021 Opinion or Order ORDER re #6 . Per Rule II.e of the undersigned's Individual Rules, the letter motion for extension of time to file an answer to the complaint is respectfully referred to the assigned Magistrate Judge. Ordered by Judge Gary R. Brown on 12/24/2021. c/ecf (Tahbaz, Joseph)
December 23, 2021 Filing 6 Letter MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by Edwards Lifesciences Corp.. (Howell, Kelly)
December 22, 2021 Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Jakubowski, Laura)
December 22, 2021 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura)
December 22, 2021 Filing 3 Civil Cover Sheet.. by Edwards Lifesciences Corp. (Howell, Kelly)
December 22, 2021 Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a Civil Cover Sheet. This event can be found under the event Other Filings - Other Documents - Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen)
December 22, 2021 Case Assigned to Judge Gary R. Brown and Magistrate Judge James M. Wicks. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Jakubowski, Laura)
December 21, 2021 Filing 2 Corporate Disclosure Statement by Edwards Lifesciences Corp. (Howell, Kelly)
December 21, 2021 Filing 1 NOTICE OF REMOVAL by Edwards Lifesciences Corp. from Supreme Court of the State of New York, County of Suffolk, case number 621401/2021. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-15136554) (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Notice to State Court, #3 Exhibit C - Filed Documents) (Howell, Kelly) Modified on 12/22/2021 (Jakubowski, Laura).

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Plaintiff: Tina Pellicone, as Administrator of the Estate of Philip Pellicone, deceased
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Plaintiff: Tina Pellicone
Represented By: Joseph G. Dell
Represented By: Patrick G. Toner
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Defendant: Edwards Lifesciences Corp.
Represented By: Kelly Jones Howell
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