Taylor v. Medtronic, Inc. et al
| Brandon Taylor |
| Covidien, LP, Covidien, Inc., Medtronic, Inc., Covidien Holding Inc. and Medtronic, USA |
| 3:2018cv01201 |
| October 9, 2018 |
| US District Court for the Northern District of New York |
| David E Peebles |
| Frederick J Scullin |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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Filing 16
REPLY to Response to Motion re #9 MOTION to Dismiss for Failure to State a Claim filed by Covidien Holding Inc., Covidien, Inc., Covidien, LP, Medtronic, Inc., Medtronic, USA. (Kuhn, Jeffrey)
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Filing 15
CERTIFICATE OF SERVICE by Brandon Taylor re #14 Memorandum of Law,,,,,, (Hart, Ronald)
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Filing 14
RESPONSE MEMORANDUM OF LAW re #9 Motion to Dismiss for Failure to State a Claim, filed by Brandon Taylor. (Attachments: #1 Exhibits List, #2 Exhibit(s) Plaintiff's Complaint, #3 Exhibit(s) Parietex ProgripTM Self-Fixating Mesh Product Information Kit, #4 Exhibit(s) Photograph of Product Box-No warnings or labels, #5 Exhibit(s) Manufacture and User Facility Device Experience Flyer, #6 Exhibit(s) MAUDE Adverse Event 9.21.2012, #7 Exhibit(s) MAUDE Adverse Event 7.13.2011, #8 Exhibit(s) MAUDE Adverse Event 4.3.2017, taken from Hollis Law Firm website, #9 Exhibit(s) MAUDE Adverse Event 7.11.2016, taken from Hollis Law Firm website, #10 Exhibit(s) MAUDE Adverse Event 6.16.2015, taken from Hollis Law Firm website, #11 Exhibit(s) MAUDE Adverse Event 11.28.14, taken from Hollis Law Firm website, #12 Exhibit(s) MAUDE Adverse Event 3.20.2014, taken from Hollis Law Firm website, #13 Exhibit(s) MAUDE Adverse Event 9.6.2013 taken from Hollis Law Firm website, #14 Exhibit(s) MAUDE Adverse Event 12.27.2012, taken from Hollis Law Firm website, #15 Exhibit(s) Urgent Medical Recall, Europe Only, #16 Exhibit(s) Abstract Self-gripping v. Sutured Mesh, #17 Exhibit(s) HIPPO Trial Randomized Double Blind Trial Comparing Self-gripping Parietex Progrip Mesh and Sutured Parietex Mesh 2017, #18 Exhibit(s) Three Year results of Randomized Study Comparing Self-gripping Mesh with Sutured Mesh 2017, #19 Exhibit(s) UHS Medical Records, #20 Exhibit(s) UHS Medical Record Excerpt 10.5.2015, #21 Exhibit(s) UHS Medical Excerpt 1.4.2018)(Hart, Ronald) Modified on 1/23/2019 - Attachments 19, 20, and 21 restricted to case participants as they contain medical records. Docket text also added to clarify that this is a motion response (rep).
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MOTION RESCHEDULING NOTICE as to #9 MOTION to Dismiss for Failure to State a Claim At the request of counsel : Response to Motion now due by 1/22/2019 Reply to Response to Motion now due by 1/28/2019. Motion Hearing reset for 2/8/2019 on submit before Senior Judge Frederick J. Scullin Jr. (bjw, ) Modified on 12/14/2018 (bjw, ).
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Filing 13
Letter Motion from Jeffrey D. Kuhn for Covidien Holding Inc., Covidien, Inc., Covidien, LP, Medtronic, Inc., Medtronic, USA requesting Adjournment of return date for Defendants' Motion to Dismiss (Dkt. No. 9) from January 11, 2019 to February 8, 2019 submitted to Judge Hon. Frederick J. Scullin Jr. . (Kuhn, Jeffrey)
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Filing 12
RESPONSE to Motion re #8 First MOTION to Remand to State Court Letter to Court on Diversity of Citizenship Issue Raised for First Time in Plaintiff's Reply Papers filed by Covidien Holding Inc., Covidien, Inc., Covidien, LP, Medtronic, Inc., Medtronic, USA. (Attachments: #1 Affidavit Affidavit of Andrea Mitlyng)(Kuhn, Jeffrey)
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Filing 11
REPLY to Response to Motion re #8 First MOTION to Remand to State Court filed by Brandon Taylor. (Attachments: #1 Table of Authorities, #2 Declaration of Attorney, #3 Memorandum of Law Memorandum of Law in Reply to Defendants' Opposition to Plaintiff's Remand Motion, #4 Exhibit(s) Notice of Removal, #5 Exhibit(s) State Court E-Docket Sheet, #6 Exhibit(s) DLA Piper Letter to Judge Scullin, #7 Exhibit(s) Pennington v. Covidien LP, #8 Exhibit(s) NYS Dept. of State, Division of Corps., #9 Exhibit(s) Article Regarding Covidien, #10 Certificate of Service)(Hart, Ronald)
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Filing 10
RESPONSE in Opposition re #8 First MOTION to Remand to State Court filed by Covidien Holding Inc., Covidien, Inc., Covidien, LP, Medtronic, Inc., Medtronic, USA. (Attachments: #1 Declaration Declaration of Jeffrey D. Kuhn, #2 Exhibit(s) Exhibit 1 to Declaration of Jeffrey D. Kuhn)(Kuhn, Jeffrey)
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MOTION RESCHEDULING NOTICE as to #9 MOTION to Dismiss for Failure to State a Claim Response and reply deadlines will remain the same. Motion Hearing reset for 1/11/2019 on submit before Senior Judge Frederick J. Scullin Jr. No oral argument will be held. (bjw, )
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Filing 9
MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 1/8/2019 09:00 AM in Binghamton before Senior Judge Frederick J. Scullin Jr. Response to Motion due by 12/24/2018 Reply to Response to Motion due by 12/28/2018. filed by Covidien Holding Inc., Covidien, Inc., Covidien, LP, Medtronic, Inc., Medtronic, USA. (Attachments: #1 Memorandum of Law) (Kuhn, Jeffrey)
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MOTION RESCHEDULING NOTICE as to #8 MOTION to Remand to State Court . Motion Hearing reset for 12/14/2018 in Syracuse on submit before Senior Judge Frederick J. Scullin Jr. No oral argument will be held. (bjw, )
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Filing 8
First MOTION to Remand to State Court Motion Hearing set for 12/12/2018 09:30 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 11/26/2018 Reply to Response to Motion due by 12/3/2018. filed by Brandon Taylor. (Attachments: #1 Declaration, #2 Memorandum of Law, #3 Exhibit(s) Defendant's Notice of Removal, #4 Exhibit(s) Omitted, #5 Exhibit(s) Affidavit of Service- Covidien, LP, #6 Exhibit(s) State Court E-filed Docket Sheet, #7 Exhibit(s) Defendant's 10.23.18 Letter to Court, #8 Exhibit(s) Division of Corporation- Covidien, LP's Designated Agent for Service, #9 Certificate of Service) (Hart, Ronald)
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Filing 7
TEXT ORDER granting #6 Letter Request. Based upon the anticipated motion to dismiss to be filed by defendants on or before 11/15/18, the in person Rule 16 Conference set for 11/16/2018 at 11:00 AM in Binghamton is adjourned without date. The deadline for filing a Civil Case Management Plan and exchange of mandatory disclosures is stayed at this time. Authorized by Magistrate Judge David E. Peebles on 10/25/2018. (sal )
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Filing 6
Letter Motion from Jeffrey D. Kuhn for Covidien Holding Inc., Covidien, Inc., Medtronic, Inc., Medtronic, USA requesting Continuation of initial status conference submitted to Judge Hon. Frederick J. Scullin, Jr. . (Kuhn, Jeffrey)
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Filing 5
TEXT ORDER granting #4 Motion for Extension of Time to 11/15/18 to file or otherwise respond to plaintiff's complaint. Authorized by Magistrate Judge David E. Peebles on 10/15/18. (cam, )
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Filing 4
Joint MOTION for Extension of Time to File Response/Reply /Responsive Pleading filed by Covidien Holding Inc., Covidien, Inc., Medtronic, Inc., Medtronic, USA. Motions referred to David E. Peebles. (Kuhn, Jeffrey)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 11/16/2018 at 11:00 AM in Binghamton before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/9/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (rep)
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Filing 2
STATE COURT COMPLAINT: Originally filed by Brandon Taylor. (rep)
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Filing 1
NOTICE OF REMOVAL: From New York State Supreme Court; Broome County, case number EFCA2018002412 (Filing fee $400 receipt number ANYNDC-4530115)Complaint originally filed by Brandon Taylor. (Attachments: #1 Exhibit A - State Court Summons and Complaint, #2 Civil Cover Sheet)(rep)
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