Dains v. Bayer, Inc. et al
| Krystal Dains |
| Bayer Essure Inc., Bayer, Inc., Bayer Healthcare LLC, Conceptus, Inc., Bayer Healthcare Pharmaceuticals, Inc. and Bayer A.G. |
| 5:2022cv00208 |
| March 4, 2022 |
| U.S. District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Brenda K Sannes |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Both |
Docket Report
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Filing 19
TEXT ORDER: Court reviewed plaintiff's status report/letter request (Dkt. No. #18 ) in response to the Court's Order to Show Cause (Dkt. No. 17 ) as to why the matter should not be dismissed for plaintiff's repeated failures to follow Court Orders. Counsel indicates he is new to the plaintiff's firm, and that prior counsel left the firm. However, there are multiple other attorneys at plaintiff's firm, at least one of which should have been monitoring this file after plaintiff's prior counsel left the firm. Thus, counsel's explanation for disregarding the Court's Orders is insufficient. Nevertheless, the Court grants that part of plaintiff's request and directs plaintiff to file affidavits of service on all unserved (or improperly served, if relevant) defendants by 5/9/2022. That part of plaintiff's belated request seeking an extension to respond to the pending motion to dismiss (Dkt. No. #10 ) is granted to the extent that a response to the motion to dismiss is now due 5/6/2022; and reply is due 5/20/2022. Further requests for extensions of deadlines, if any, received after a deadline has expired will be summarily denied. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/7/2022. (sg )
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| Filing 18 STATUS REPORT/Letter Request to Magistrate Therese Wiley Dancks by Krystal Dains. (Marks, Harris) Modified on 4/6/2022 (sg, ). |
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Filing 17
TEXT ORDER: Court has reviewed docket and notes that Plaintiff has, for the third time, ignored this Court's Orders to file a status report on service of process per Dkt. Nos. 7, 11, and 14. Court has also reviewed the status report (Dkt. No. #16 ) of defendant Bayer Healthcare Pharmaceuticals, Inc., and appreciates the information. Per Dkt. No. 16, it appears Bayer, Inc., and Bayer HealthCare, LLC, have not been properly served. Because Plaintiff has repeatedly disregarded this Court's Orders, despite new counsel appearing for Plaintiff (see Dkt. No. #15 ), the Plaintiff is hereby ORDERED to Show Cause by 4/11/2022 why this action should not be dismissed for failure to follow Court Orders and directives. If Plaintiff fails to show cause as directed herein by 4/11/2022, the case will be administratively dismissed and closed. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/5/2022. (sg)
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| Filing 16 STATUS REPORT by Bayer Healthcare Pharmaceuticals, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Rothman, Alan) |
| Filing 15 NOTICE of Appearance by Harris Marks on behalf of All Plaintiffs (Marks, Harris) |
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Filing 14
TEXT ORDER: Court reviewed docket and notes that defendant Bayer, Inc. and Bayer HealthCare, LLC are in default per the affidavits of service at Dkt. Nos. 12 and 13. These affidavits of service were apparently filed by Attorney Seth Dymond who has not filed a notice of appearance. Attorney Dymond must file a notice of appearance or any further filings by him will be summarily stricken from the docket. Court also notes that no affidavits of service have been filed regarding defendants Bayer Essure, Inc. and Bayer A.G., and plaintiff has once again failed to file a status report as directed in Dkt. No. 11. Plaintiff MUST file a status report on service of the summons and complaint on Bayer Essure, Inc. and Bayer A.G. by 4/1/2022, and also provide information about any contact plaintiff has had with the defendants who are in default. Failure to file the status report may result in sanctions including, but not limited to, dismissal of the action for plaintiff's failure to prosecute. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/29/2022. (sg)
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| Filing 13 AFFIDAVIT of Service for Summons and Complaint on Bayer Health Care, LLC served on Lisa Constant on 02/02/2022, filed by Krystal Dains. (Dymond, Seth) |
| Filing 12 AFFIDAVIT of Service for Summons and Complaint on Bayer, Inc. served on Lisa Constant on 02/02/2022, filed by Krystal Dains. (Dymond, Seth) |
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Filing 11
TEXT ORDER: Court reviewed docket and notes that Plaintiff has failed to file proofs of service or a status report regarding service as directed in Dkt. No. 7 . Court sua sponte extends the deadline for Plaintiff to file the status report as ordered. Therefore, Plaintiff to file proof of service of the summons and complaint on defendants Bayer, Inc., Bayer HealthCare LLC, Bayer Essure Inc. and Bayer, A.G. or status report re: service of summons and complaint by 3/28/2022. Plaintiff is warned that further failure to follow Court orders and directives may result in sanctions. Since a motion to dismiss (Dkt. No. #10 ) has been filed by the only defendant to appear and the status of service on the remaining defendants is unknown, the Rule 16 conference and related deadlines are adjourned and will be reset as necessary after all parties have appeared.SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/15/2022. (sg)
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| Filing 10 MOTION to Dismiss for Failure to State a Claim filed by Bayer Healthcare Pharmaceuticals, Inc.. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 4/1/2022. Reply to Response to Motion due by 4/8/2022 (Attachments: #1 Memorandum of Law, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Exhibit(s) K, #13 Exhibit(s) L) (Rothman, Alan) |
| Filing 9 NOTICE of Appearance by John Gibbons, Jr on behalf of Bayer Healthcare Pharmaceuticals, Inc. (Gibbons, John) |
| Filing 8 NOTICE of Appearance by Alan E. Rothman on behalf of Bayer Healthcare Pharmaceuticals, Inc. (Rothman, Alan) |
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Filing 7
TEXT ORDER: Court has reviewed docket and notes that it appears that the only defendant served with the summons and complaint thus far is Bayer Healthcare Pharmaceuticals, Inc. Plaintiff to file proof of service of the summons and complaint on defendants Bayer, Inc., Bayer HealthCare LLC, Bayer Essure Inc. and Bayer, A.G. or status report re: service of summons and complaint by 3/14/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/7/2022. (sg)
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| Filing 6 NOTICE OF ADMISSION REQUIREMENT as to Party Bayer Healthcare Pharmaceuticals, Inc.; Attorney John L. Gibbons, Esq., Email address is jgibbons@sidley.com. Admissions due by 3/18/2022. (ztc, ) |
| Filing 5 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Bayer Healthcare Pharmaceuticals, Inc. identifying Corporate Parent Bayer AG for Bayer Healthcare Pharmaceuticals, Inc... (Rothman, Alan) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Bayer Healthcare Pharmaceuticals, Inc.; Attorney Michelle A. Ramirez, Esq., Email address is michelle.ramirez@sidley.com. Admissions due by 3/18/2022. (ztc, ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 4/4/2022 09:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/28/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc, ) |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff in NYS Supreme Court, Cayuga County. (ztc, ) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court, Cayuga County, case number E2022-0068 (Filing fee $402 receipt number CNYNDC-5826154) filed by Bayer Healthcare Pharmaceuticals, Inc. (Attachments: #1 Exhibit A- State Court Summons and Complaint, #2 Civil Cover Sheet)(ztc, ) |
| ***Answer due date updated for Bayer Healthcare Pharmaceuticals, Inc. answer due 3/11/2022. (ztc, ) |
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