Bustamante et al v. Atrium Medical Corporation et al
| Hilda Gabriel and Asuncion Bustamante |
| Maquet Cardiovascular, LLC d/b/a Maquet Medical Systems USA, Johnson & Johnson Inc., Ethicon Inc., Atrium Medical Corporation and Maquet Cardiovascular, LLC |
| 1:2018cv08395 |
| September 14, 2018 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 nr |
| Both |
Docket Report
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| NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge John G. Koeltl is no longer assigned to the case. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Richard J. Sullivan is no longer assigned to the case. (sjo) |
| Filing 24 NOTICE OF APPEARANCE by Rachel Beth Sherman on behalf of Ethicon Inc., Johnson & Johnson Inc.. (Sherman, Rachel) |
| Filing 23 ANSWER to Complaint with JURY DEMAND. Document filed by Johnson & Johnson Inc..(Winter, John) |
| Filing 22 ANSWER to Complaint with JURY DEMAND. Document filed by Ethicon Inc..(Winter, John) |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent No Parent Corporation for Johnson & Johnson Inc.; Corporate Parent Johnson & Johnson for Ethicon Inc.. Document filed by Ethicon Inc., Johnson & Johnson Inc..(Winter, John) |
| Filing 20 NOTICE OF APPEARANCE by John D. Winter on behalf of Ethicon Inc., Johnson & Johnson Inc.. (Winter, John) |
| Filing 19 LETTER addressed to Judge Richard J. Sullivan from Asuncion Bustamante and Hilda Gabriel dated October 25, 2018 re: Pre Motion Letter Response. Document filed by Asuncion Bustamante, Hilda Gabriel.(Colella, Alexandra) |
| Filing 18 EXHIBIT TO PLEADING re: #17 Amended Complaint, #15 Amended Complaint, #14 Amended Complaint,. Document filed by Asuncion Bustamante, Hilda Gabriel.(Colella, Alexandra) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alexandra Colella to RE-FILE re: Document No. #17 Amended Complaint,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading; the wrong party/parties whom the pleading is against were selected; Court's leave has not been granted. The Amended Complaint was incorrectly filed after the due date so permission from Chambers will have to be acquired for the correctly filed amended complaint to be accepted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pc) |
| Filing 17 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending #15 Amended Complaint, #14 Amended Complaint, against Atrium Medical Corporation with JURY DEMAND.Document filed by Asuncion Bustamante. Related document: #15 Amended Complaint, #14 Amended Complaint,.(Colella, Alexandra) Modified on 10/25/2018 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alexandra Colella to RE-FILE re: Document No. #15 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the wrong filer/filers were selected for the pleading; the wrong party/parties whom the pleading is against were selected; Court's leave has not been granted. The Amended Complaint was incorrectly filed after the due date so permission from Chambers will have to be acquired for the correctly filed amended complaint to be accepted. The Amended Complaint caption title cannot include "et al." Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pc) |
| Filing 16 LETTER addressed to Judge Richard J. Sullivan from Michael J. Dillon dated October 23, 2018 re: dismissing action. Document filed by Atrium Medical Corporation, Maquet Cardiovascular, LLC.(Dillon, Michael) |
| Filing 15 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - FIRST AMENDED COMPLAINT amending #14 Amended Complaint, against Atrium Medical Corporation with JURY DEMAND.Document filed by Asuncion Bustamante. Related document: #14 Amended Complaint,.(Colella, Alexandra) Modified on 10/24/2018 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alexandra Colella to RE-FILE re: Document No. #14 Amended Complaint,. The filing is deficient for the following reason(s): the All Plaintiff radio button was selected; Court's leave has not been granted Amended Complaint was filed after the due date. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo) |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT against All Plaintiffs with JURY DEMAND.Document filed by Asuncion Bustamante. (Attachments: #1 Supplement Stipulation)(Colella, Alexandra) Modified on 10/19/2018 (jgo). |
Filing 13
ORDER. IT IS HEREBY ORDERED THAT by October 15, 2018, Plaintiffs shall file either (1) a motion to remand, pursuant to 28 U.S.C. 1447(c), or (2) an amended complaint conforming to federal pleading standards, see Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007) (plaintiff must allege "enough facts to state a claim to relief that is plausible on its face"); see also Fed. R. Civ. P. 8(a)(2) ("A pleading that states a claim for relief must contain...a short and plain statement of the claim showing that the pleader is entitled to relief...."). IT IS FURTHER ORDERED THAT Defendants' time to file an answer is adjourned until one week after Plaintiffs have filed an amended complaint. SO ORDERED. (Amended Pleadings due by 10/15/2018. Motions due by 10/15/2018.) (Signed by Judge Richard J. Sullivan on 9/26/2018) (rjm)
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| NOTICE OF CASE REASSIGNMENT to Judge Richard J. Sullivan. Judge Unassigned is no longer assigned to the case. (ma) |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (ma) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-08335-RJS. Notice of Assignment to follow. (ma) |
| Filing 12 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-8335 (RJS). Document filed by Atrium Medical Corporation, Maquet Cardiovascular, LLC.(Dillon, Michael) |
| Filing 11 CIVIL COVER SHEET filed. (Dillon, Michael) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Michael Joseph Dillon, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement separately. Use the event type Statement of Relatedness found under the event list Other Documents. (jgo) |
| Filing 10 NOTICE OF APPEARANCE by Michael Joseph Dillon on behalf of Atrium Medical Corporation, Maquet Cardiovascular, LLC. (Dillon, Michael) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Datascope Corp., Other Affiliate Getinge AB for Atrium Medical Corporation. Document filed by Atrium Medical Corporation.(Dillon, Michael) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Datascope Corp., Corporate Parent Getinge Holding USA, Inc., Corporate Parent Getinge Holding USA II, Inc., Corporate Parent Getinge AB for Maquet Cardiovascular, LLC. Document filed by Maquet Cardiovascular, LLC.(Dillon, Michael) |
| Filing 7 CIVIL COVER SHEET filed. (Attachments: #1 Related Case Statement)(Dillon, Michael) |
| Filing 6 NOTICE OF APPEARANCE by Alexandra Colella on behalf of Asuncion Bustamante, Hilda Gabriel. (Colella, Alexandra) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Joseph Dillon. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Michael Joseph Dillon, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael Joseph Dillon to RE-FILE Document No. #1 Civil Cover Sheet. The filing is deficient for the following reason(s): pdf is not signed by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Joseph Dillon. The party information for the following party/parties has been modified: Maquet Cardiovascular, LLC. The information for the party/parties has been modified for the following reason/reasons: alias was entered incorrectly. (jgo) |
| Case Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo) |
| CASE REFERRED TO Judge Richard J. Sullivan as possibly related to 18-cv-8335. (jgo) |
| Filing 5 NOTICE OF APPEARANCE by Louis Michael Russo on behalf of Ethicon Inc., Johnson & Johnson Inc.. (Russo, Louis) |
| Filing 4 NOTICE of Consent to Removal of Defendant Ethicon, Inc.. Document filed by Ethicon Inc.. (Russo, Louis) |
| Filing 3 NOTICE of Consent to Removal of Defendant Johnson & Johnson. Document filed by Johnson & Johnson Inc.. (Russo, Louis) |
| Filing 2 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 156019/2018. (Filing Fee $ 400.00, Receipt Number 0208-15572054).Document filed by Maquet Cardiovascular, LLC d/b/a Maquet Medical Systems USA, Atrium Medical Corporation. (Attachments: #1 Exhibit Summons, Complaint and Jury Demand, #2 Exhibit Declaration of Chad Carlton, #3 Exhibit Declaration of Stephanie Trizinski, #4 Exhibit Answer and Defenses of Ethicon, Inc., #5 Exhibit Answer and Defenses of Johnson & Johnson, #6 Exhibit Notice of Disc. Action against Getinge USA, Inc)(Dillon, Michael) |
| Filing 1 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Dillon, Michael) Modified on 9/17/2018 (jgo). |
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