Bruno v. Zimmer Biomet Holdings, Inc. et al
| Joseph Bruno |
| Zimmer Biomet Apex Surgical, LLC, Zimmer Holdings, Inc., Biomet, Inc., Biomet Orthopedics, LLC, Biomet Manufacturing, LLC, Biomet Apex Surgical LLC, Zimmer-Randall Associates, Inc, Zimmer Keystone, Zimmer US, Inc., Zimmer, Inc., Glen Cove Hospital, Zimmer Biomet Holdings, Inc., Syosset Hospital and Northwell Health |
| 2:2025cv00387 |
| January 22, 2025 |
| U.S. District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Steven I Locke |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 10, 2025. A more recent docket listing may be available from PACER.
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ORDER: The Clerk of Court is directed to remand this case to state court. After first arguing that the presence of Defendant Northwell Health was a fraudulent joinder, because there were no viable claims that could be asserted against itan argument that fails because Plaintiff's Amended Complaint asserts viable claims against Northwell HealthDefendants Zimmer Biomet Holdings, Inc., Biomet, Inc., Biomet Orthopedics, LLC, Biomet Manufacturing, LLC, Zimmer Biomet Apex Surgical, LLC, Zimmer-Randall Associates, Inc., Zimmer Keystone, Zimmer US, Inc., and Zimmer, Inc. (collectively, "Removing Defendants") now contend that multiple defendants were fraudulently misjoined to include medical malpractice defendants Northwell Health, Glen Cove Hospital, and Syosset Hospital (collectively, "Hospital Defendants") in a case that is, in their view, a products liability case. (Removing Defendants' Letter Response dated Mar. 4, 2025, Dkt. No. 27). The argument has no merit. Rule 20 permits permissive joinder of parties where there are common questions of "law or fact." Fed. R. Civ. P 20(a)(2)(B) (emphasis added). The legal claims against the Hospital Defendants may be different from the legal claims against the Removing Defendants, but the entirety of the case arises out of the hip replacement surgery performed on Plaintiff. The device that was allegedly misdesigned or defective was placed in Plaintiff by the employees of the Hospital Defendants, whom allegedly did so negligently. (Amended Complaint dated Feb. 24, 2025, Dkt. No. 25 10589). Splitting the case along legal lines does violence to the core factswhat was done with the device and by whom and how during a single surgeryand would require witnesses to appear in two fora for multiple depositions about the same event, among other inefficiencies. Rule 20 is intended to preclude such an illogical and inefficient outcome. There is no fraudulent joinder or misjoinder. The case is remanded to state court. See, e.g., Vanderzalm v. Sechrist Indus., Inc., 875 F. Supp. 2d 179, 18384 (E.D.N.Y. 2012) (permitting joinder of non-diverse hospital defendants for claims arising from "ordinary negligence or medical malpractice" in what was initially brought as a products liability action, and consequently remanding the case to state court). The Clerk of Court is directed to send certified copies of this order and docket sheet to the Nassau County Supreme Court. So Ordered by Judge Sanket J. Bulsara on 3/10/2025. (YEP)
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Electronic ORDER granting DE #30 Motion to Adjourn Conference. On consent, the conference scheduled for tomorrow is adjourned to April 8, 2025, at 11:00 a.m. in Courtroom 820. Ordered by Magistrate Judge Steven I. Locke on 3/10/2025. (AGB)
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| Filing 30 MOTION to Adjourn Conference Scheduled for 03/11/25 by Joseph Bruno. (Marks, Harris) |
| Filing 29 Summons Issued as to Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet, Inc., Glen Cove Hospital, Northwell Health, Syosset Hospital, Zimmer Biomet Apex Surgical, LLC, Zimmer Biomet Holdings, Inc., Zimmer Keystone, Zimmer US, Inc., Zimmer, Inc., Zimmer-Randall Associates, Inc. (AMF) |
| Filing 28 Proposed Summons. Re #25 Amended Complaint, by Joseph Bruno (Marks, Harris) |
| Filing 27 RESPONSE to Motion re #26 MOTION to Remand to State Court filed by Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet, Inc., Zimmer Biomet Apex Surgical, LLC, Zimmer Biomet Holdings, Inc., Zimmer Keystone, Zimmer US, Inc., Zimmer, Inc., Zimmer-Randall Associates, Inc. (Bui, Thuy) |
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ORDER: Defendants are directed to respond to the letter filed by Plaintiff's counsel #26 by 3/04/2025. The letter must be 350 words or less. So Ordered by Judge Sanket J. Bulsara on 2/25/2025. (YEP)
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| Filing 25 AMENDED COMPLAINT against Biomet Manufacturing, LLC, Biomet Orthopedics, LLC, Biomet, Inc., Glen Cove Hospital, Zimmer Biomet Apex Surgical, LLC, Zimmer Biomet Holdings, Inc., Zimmer Keystone, Zimmer US, Inc., Zimmer, Inc., Zimmer-Randall Associates, Inc, Syosset Hospital, Northwell Health, filed by Joseph Bruno. (GO) |
| Incorrect Case/Document/Entry Information: Document #25 Amended Complaint filed on 2/24/2025 by Attorney Harris Marks has been edited. Counsel filed the Amended Complaint without adding the newly added parties to the docket. In order to create the necessary records behind the scenes, the Amended Complaint was deleted and re-docketed correctly. No further action is needed from counsel. (GO) |
| Filing 26 Letter Plaintiff's Letter to Court regarding Amended Complaint (Doc. No. 25) by Joseph Bruno (Marks, Harris) Modified on 2/25/2025 from Letter to Motion to Remand to State Court. (GO). |
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ORDER: Defendants Zimmer Biomet Holdings, Inc., Biomet, Inc., Biomet Orthopedics, LLC, Biomet Manufacturing, LLC, Zimmer Biomet Apex Surgical, LLC, Zimmer-Randall Associates, Inc., Zimmer Keystone, Zimmer US, Inc., and Zimmer, Inc. (collectively, "Removing Defendants") allege that Plaintiff Joseph Bruno fraudulently joined Defendant Glen Cove Hospital in this action. (Notice of Removal dated Jan. 22, 2025, Dkt. No. 1 2742). According to Removing Defendants, "Plaintiff does not assert any specific allegations against [Glen Cove Hospital] to support a colorable cause of action against it." (Id. 32). "Plaintiff alleges causes of action for product liability . . . . However, as a hospital, rather than a medical device manufacturer or distributor, Glen Cove Hospital did not design, test, manufacture, distribute, assemble, inspect, package, label, market, or sell the Device." (Id. 33, 40).In response, Plaintiff seems to be suggesting that he has asserted an independent cause of action against Defendant Glen Cove Hospital based on its negligence. "[Plaintiff] alleges that [Glen Cove Hospital] was negligent in unreasonably endangering his physical safety and condition, and in causing him to fear for his safety, which proximately caused his injuries. . . . This alleges a medical malpractice claim." (Plaintiff's Letter dated Feb. 7, 2025, Dkt. No. 23 at 2). However, the Complaint engages in group pleading and does not differentiate amongst the Defendants, and does not contain specific allegations against Glen Cove Hospital. Indeed, the sole cause of action the Plaintiff cites to in defending their joinder of Glen Cove Hospital only mentions "defendants" as a whole, without further specification. (Complaint dated Dec. 19, 2024, Dkt. No. 1-1 8085). Without such allegations or explanation as to why Glen Cove Hospital could bear liability for what appears to be a product liability lawsuit, the Plaintiff's addition of Defendant Glen Cove Hospital appears to be on its face a "fraudulent joinder." "[A] plaintiff may not defeat a federal court's diversity jurisdiction and a defendant's right of removal by merely joining as defendants parties with no real connection with the controversy." CMGRP, Inc. v. Agency for the Performing Arts, Inc., 689 F. App'x 40, 41 (2d Cir. 2017) (quoting Whitaker v. Am. Telecasting, Inc., 261 F.3d 196, 207 (2d Cir. 2001)); see also Whitaker, 261 F.3d at 207 ("Joinder will be considered fraudulent when it is established that there can be no recovery . . . under the law of the state on the cause alleged." (quotations omitted)). However, because Plaintiff's actual allegations are ambiguous, Plaintiff may file an Amended Complaint by 2/26/2025 to separately identify claims against the Removing Defendants and Defendant Glen Cove Hospital, and separate out any specific acts or omissions of each Defendant. Failure to do so may lead to a finding that there was a fraudulent joinder of Glen Cove Hospital, which would lead to an automatic dismissal of it with prejudice, and denial of any motion to remand the case to state court. So Ordered by Judge Sanket J. Bulsara on 2/12/2025. (YEP)
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Filing 24
INITIAL CONFERENCE ORDER: An Initial Conference is set for 3/11/2025 at 12:00 PM in Courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 2/10/2025. (Attachments: #1 SIL Individual Rules, #2 Scheduling Order Worksheet) (KG)
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Electronic ORDER granting DE #18 Motion for Extension of Time to Answer. Without opposition, the deadline for Defendant Glen Cove Hospital to answer or otherwise respond to the Complaint is extended to 30 days after the Court determines whether diversity jurisdiction exists. Ordered by Magistrate Judge Steven I. Locke on 2/10/2025. (AGB)
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| Filing 23 Letter Plaintiffs Letter to Court in Response to Courts Order re Defendants Allegation of Fraudulent Joinder by Joseph Bruno (Marks, Harris) |
| Filing 22 Corporate Disclosure Statement by Glen Cove Hospital identifying Corporate Parent Northwell Health, Inc. for Glen Cove Hospital. (Friedman, Robert) |
| Filing 21 Letter Zimmer Defendants Letter to Court in Response to Courts Order to Show Cause re Diversity Jurisdiction by Zimmer, Inc., Zimmer Biomet Holdings, Inc., Biomet, Inc., Biomet Orthopedics, LLC, Biomet Manufacturing, LLC, Zimmer Biomet Apex Surgical, LLC, Zimmer-Randall Associates, Inc, Zimmer Keystone, Zimmer US, Inc. (Attachments: #1 Exhibit A) (Bui, Thuy) |
| Filing 20 NOTICE of Appearance by Sophia Louise Cahill on behalf of Glen Cove Hospital (aty to be noticed) (Cahill, Sophia) |
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ORDER: Defendant Glen Cove Hospital's Rule 7.1 disclosure statement #17 is deficient. "For diversity purposes, a corporation is considered a citizen of the state in which it is incorporated and the state of its principal place of business." Bayerische Landesbank, N.Y. Branch v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 48 (2d Cir. 2012); see also 28 U.S.C. 1332(c)(1). Here, Defendant's disclosure statement fails to identify its state of incorporation and its principal place of business. Defendant Glen Cove Hospital shall file a revised disclosure statement by 2/06/2025. So Ordered by Judge Sanket J. Bulsara on 1/30/2025. (YEP)
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| Filing 19 ANSWER to Complaint by Zimmer, Inc., Zimmer Biomet Holdings, Inc., Biomet, Inc., Biomet Orthopedics, LLC, Biomet Manufacturing, LLC, Zimmer Biomet Apex Surgical, LLC, Zimmer-Randall Associates, Inc, Zimmer Keystone, Zimmer US, Inc.. (Bui, Thuy) |
| Filing 18 Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal,, by Glen Cove Hospital. (Friedman, Robert) |
| Filing 17 Corporate Disclosure Statement by Glen Cove Hospital identifying Corporate Parent Northwell Health, Inc. for Glen Cove Hospital. (Friedman, Robert) |
| Filing 16 NOTICE of Appearance by Robert S. Friedman on behalf of Glen Cove Hospital (aty to be noticed) (Friedman, Robert) |
| Filing 15 CERTIFICATE OF SERVICE by Zimmer, Inc., Zimmer Biomet Holdings, Inc., Biomet, Inc., Biomet Orthopedics, LLC, Biomet Manufacturing, LLC, Zimmer Biomet Apex Surgical, LLC, Zimmer-Randall Associates, Inc, Zimmer Keystone, Zimmer US, Inc. (Bui, Thuy) |
| Filing 14 CERTIFICATE OF SERVICE by Zimmer, Inc., Zimmer Biomet Holdings, Inc., Biomet, Inc., Biomet Orthopedics, LLC, Biomet Manufacturing, LLC, Zimmer Biomet Apex Surgical, LLC, Zimmer-Randall Associates, Inc, Zimmer Keystone, Zimmer US, Inc. (Bui, Thuy) |
| Filing 13 Corporate Disclosure Statement by Zimmer-Randall Associates, Inc (Bui, Thuy) |
| Filing 12 Corporate Disclosure Statement by Zimmer US, Inc. (Bui, Thuy) |
| Filing 11 Corporate Disclosure Statement by Zimmer Keystone (Bui, Thuy) |
| Filing 10 Corporate Disclosure Statement by Zimmer, Inc. (Bui, Thuy) |
| Filing 9 Corporate Disclosure Statement by Zimmer Biomet Apex Surgical, LLC (Bui, Thuy) |
| Filing 8 Corporate Disclosure Statement by Zimmer Biomet Holdings, Inc. (Bui, Thuy) |
| Filing 7 Corporate Disclosure Statement by Biomet Orthopedics, LLC (Bui, Thuy) |
| Filing 6 Corporate Disclosure Statement by Biomet Manufacturing, LLC (Bui, Thuy) |
| Filing 5 Corporate Disclosure Statement by Biomet, Inc. (Bui, Thuy) |
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ORDER: Plaintiff is directed to file a letter in response to the removing Defendants' allegations of fraudulent joinder, no longer than 700 words, and do so by 2/07/2025. In addition, notwithstanding their assertion of fraudulent joinder, the removing Defendants are directed to serve all their removal papers on Defendant Glen Cove Hospital and file proof of service by 1/31/2025. So Ordered by Judge Sanket J. Bulsara on 1/24/2025. (YEP)
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ORDER TO SHOW CAUSE: The Notice of Removal #1 does not allege facts sufficient to infer that this Court has subject matter jurisdiction over this case. "The party seeking to invoke jurisdiction under 28 U.S.C. 1332 bears the burden of demonstrating that the grounds for diversity exist and that diversity is complete." Advani Enters., Inc. v. Underwriters at Lloyds, 140 F.3d 157, 160 (2d Cir. 1998). The removing Defendants allege this Court has diversity jurisdiction under 28 U.S.C. 1332 because the amount in controversy exceeds $75,000 and the parties are diverse. (Notice of Removal dated Jan. 22, 2025, Dkt. No. 1 11). Defendants write, "Based on Plaintiff's allegation that '[a]t all times hereinafter mentioned' he is an individual 'residing in Nassau County, State of New York,' . . . Plaintiff presumably is a citizen of New York." (Id. 14). These allegations are insufficient to satisfy 28 U.S.C. 1332(a). "[I]n invoking the subject matter jurisdiction of the district court, a notice of removal must be held to the same standard as a complaint." Ocean Units LLC v. Illinois Union Ins. Co., 528 F. Supp. 3d 99, 102 (E.D.N.Y. 2021). And "[f]or purposes of diversity jurisdiction, a party's citizenship depends on [their] domicile." Linardos v. Fortuna, 157 F.3d 945, 948 (2d Cir. 1998). A statement about residence fails to identify citizenship because citizenship is determined by domicile, not location of one's residence. The removing Defendants are ordered to show cause by 1/31/2025 in a letter not exceeding 700 words supplementing their Notice of Removal #1 and explaining why the case should not be dismissed for lack of subject matter jurisdiction. So Ordered by Judge Sanket J. Bulsara on 1/24/2025. (YEP)
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| Filing 4 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (SMF) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (SMF) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Case Assigned to Judge Orelia E. Merchant and Magistrate Judge Steven I. Locke. 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. (SMF) |
| Case Reassigned to Judge Sanket J. Bulsara. Judge Orelia E. Merchant no longer assigned to the case. 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. (ONF) |
| Filing 1 NOTICE OF REMOVAL by Zimmer, Inc., Zimmer Biomet Holdings, Inc., Biomet, Inc., Biomet Orthopedics, LLC, Biomet Manufacturing, LLC, Zimmer Biomet Apex Surgical, LLC, Zimmer-Randall Associates, Inc, Zimmer Keystone, Zimmer US, Inc. from Nassau County Supreme Court, case number 622634/2024. ( Filing fee $ 405 receipt number ANYEDC-18689013) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet Civil Cover Sheet) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Bui, Thuy) Modified on 1/23/2025 (SMF). |
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