Boris v. Atrium Medical Corporation et al
| Joanne Boris |
| Maquet Cardiovascular, LLC and Atrium Medical Corporation |
| 1:2018cv08921 |
| September 28, 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 TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alexandra Colella to RE-FILE Document No. #13 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Incorrect filing court listed on PDF; caption/name error. 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. (sj) |
| Filing 14 FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Joanne Boris dated November 8, 2018 re: Pre Conference Letter Response. Document filed by Joanne Boris.(Colella, Alexandra) |
| Filing 13 FILING ERROR - DEFICIENT PLEADING PDF ERROR AMENDED COMPLAINT amending #11 Amended Complaint, against Atrium Medical Corporation, Maquet Cardiovascular, LLC with JURY DEMAND.Document filed by Joanne Boris. Related document: #11 Amended Complaint. (Attachments: #1 Affidavit Verification)(Colella, Alexandra) Modified on 11/9/2018 (sj). |
| Filing 12 LETTER addressed to Judge Andrew L. Carter, Jr. from Michael J. Dillon dated November 6, 2018 re: Defendants' intent to file a Motion pursuant to Fed. R. Civ. P. 12(b)(2) and (b)(6). Document filed by Atrium Medical Corporation, Maquet Cardiovascular, LLC.(Dillon, Michael) |
| NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge John G. Koeltl is no longer assigned to the case. (laq) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alexandra Colella to RE-FILE re: Document No. #11 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; The party names on the amended complaint caption title do not match the parties selected. The caption title cannot include et al. The amended complaint was incorrectly filed on the due date so permission from Chambers will have to be acquired for the correctly filed amended complaint to be accepted. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. 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. (pc) |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT against Atrium Medical Corporation, Maquet Cardiovascular, LLC with JURY DEMAND.Document filed by Joanne Boris.(Colella, Alexandra) Modified on 10/30/2018 (pc). |
| NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Richard J. Sullivan is no longer assigned to the case. (sjo) |
| Filing 10 AFFIDAVIT OF SERVICE of Order, dated October 15, 2018 served on Alexandra Colella on 10/16/2018. Service was made by Mail. Document filed by Atrium Medical Corporation, Maquet Cardiovascular, LLC. (Dillon, Michael) |
| Filing 9 NOTICE OF APPEARANCE by Alexandra Colella on behalf of Joanne Boris. (Colella, Alexandra) |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Alexandra Colella on behalf of Atrium Medical Corporation. (Colella, Alexandra) Modified on 10/17/2018 (db). |
Filing 7
ORDER: The above-entitled matter has been removed from the Supreme Court of the State of New York, New York County, and assigned to my docket. Accordingly, IT IS HEREBY ORDERED THAT by October 29, 2018, Plaintiff 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 Plaintiff has filed an amended complaint. Defendants are ordered to serve Plaintiff with a copy of this Order and file a certificate of service on ECF indicating that this service was effectuated. Plaintiff shall thereafter file a notice of appearance through ECF. ( Amended Pleadings due by 10/29/2018., Motions due by 10/29/2018.) (Signed by Judge Richard J. Sullivan on 10/15/2018) (mro)
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| 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. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-08335-RJS. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Richard J. Sullivan. Judge Unassigned is no longer assigned to the case. (wb) |
| Filing 6 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 5 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 4 NOTICE OF APPEARANCE by Michael Joseph Dillon on behalf of Atrium Medical Corporation, Maquet Cardiovascular, LLC. (Dillon, Michael) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo) |
| Case Designated ECF. (jgo) |
| CASE REFERRED TO Judge Richard J. Sullivan as possibly related to 18-cv-8335. (jgo) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-08335 (RJS). Document filed by Atrium Medical Corporation, Maquet Cardiovascular, LLC.(Dillon, Michael) |
| Filing 2 CIVIL COVER SHEET filed. (Dillon, Michael) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 158076/2018. (Filing Fee $ 400.00, Receipt Number 0208-15633837).Document filed by Maquet Cardiovascular, LLC, Atrium Medical Corporation. (Attachments: #1 Exhibit Summons, Complaint and Jury Demand, #2 Exhibit Declaration of Stephanie Trizinski, #3 Exhibit Notice of Discontinuing Action, #4 Exhibit Declaration of Chad Carlton)(Dillon, Michael) |
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