Parnes et al v. Medtronic, Inc. et al

Plaintiff: Harold Parnes and Cindy Parnes
Defendant: Medtronic, Inc., Medtronic USA, Inc. and Medtronic Sofamor Danek USA, Inc.
Case Number: 1:2024cv01729
Filed: March 6, 2024
Court: US District Court for the Southern District of New York
Presiding Judge: Gregory H Woods
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity Action
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 9, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 9, 2024 Minute Entry for proceedings held before Judge Gregory H. Woods: Status Conference held on 4/9/2024. (Court Reporter present) (wv)
April 9, 2024 Filing 23 ORDER: As discussed at the April 9, 2024 conference, Plaintiffs' counsel's motion to withdraw is GRANTED. Also as discussed, it is hereby ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (60) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal. Otherwise, within such time Plaintiffs may apply by letter for restoration of the action to the active calendar of this Court in the event that Plaintiffs obtain counsel or choose to proceed with this case pro se. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiffs have not requested restoration of the case to the active calendar within such 60-day period. The Clerk of Court is further directed to: terminate all pending motions; adjourn all remaining dates; terminate attorneys Evan Torgan and Jonathan Tabar from the list of active counsel in this case; mail a copy of this order to Plaintiffs; and close this case. SO ORDERED. Attorney Jonathan Tabar and Evan Torgan terminated. (Signed by Judge Gregory H. Woods on 4/9/2024) (mml)
April 5, 2024 Filing 22 NOTICE OF APPEARANCE by Evan Torgan on behalf of Cindy Parnes, Harold Parnes..(Torgan, Evan)
April 4, 2024 Filing 21 ORDER. On March 20, 2024, Evan Torgan submitted a motion to withdraw as counsel on behalf of Torgan Cooper & Aaron P.C. and an accompanying memorandum of law and declaration. Dkt Nos. 1619. Mr. Torgan has not appeared in this case. Counsel for Plaintiffs is advised that only an attorney of record may submit a motion to withdraw or appear at the April 9, 2024 conference regarding the motion to withdraw. Mr. Torgan is directed to submit a notice of appearance no later than April 5, 2024 if he wishes for the Court to consider his motion to withdraw and accompanying papers or if he wishes to appear at the April 9, 2024 conference on behalf of Torgan Cooper & Aaron P.C. In the alternative, Jonathan Tabar, who is currently the only attorney of record for Plaintiffs, may submit a motion to withdraw and accompanying papers and appear at the April 9, 2024 conference. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
March 25, 2024 Filing 20 ORDER: On March 20, 2024, counsel for Plaintiffs filed a motion to withdraw as counsel. Dkt. No. 16. The Court will hold a conference with respect to counsel's motion to withdraw on April 9, 2024 at 3:00 p.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. Plaintiffs Harold and Cindy Parnes must personally appear at the conference. SO ORDERED., Set Deadlines/Hearing as to ( Motion Hearing set for 4/9/2024 at 03:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 3/25/2024) (rro)
March 20, 2024 Filing 19 FIRST MEMORANDUM OF LAW in Support re: #16 FIRST MOTION for Evan Torgan to Withdraw as Attorney . . Document filed by Cindy Parnes, Harold Parnes..(Tabar, Jonathan)
March 20, 2024 Filing 18 DECLARATION of Evan Torgan in Support re: #16 FIRST MOTION for Evan Torgan to Withdraw as Attorney .. Document filed by Cindy Parnes, Harold Parnes. (Attachments: #1 Exhibit Summons with Notice, #2 Exhibit Decision and Order of Hon. John J. Kelley, J.S.C, #3 Exhibit Torgan Cooper Aaron correspondence to plaintiffs).(Tabar, Jonathan)
March 20, 2024 Filing 17 DECLARATION of Evan Torgan in Support re: #16 FIRST MOTION for Evan Torgan to Withdraw as Attorney .. Document filed by Cindy Parnes, Harold Parnes..(Tabar, Jonathan)
March 20, 2024 Filing 16 FIRST MOTION for Evan Torgan to Withdraw as Attorney . Document filed by Cindy Parnes, Harold Parnes..(Tabar, Jonathan)
March 20, 2024 Filing 15 NOTICE OF APPEARANCE by Jonathan Tabar on behalf of Cindy Parnes..(Tabar, Jonathan)
March 20, 2024 Filing 14 NOTICE OF APPEARANCE by Jonathan Tabar on behalf of Cindy Parnes..(Tabar, Jonathan)
March 20, 2024 Filing 13 DEMAND for Trial by Jury. Document filed by Cindy Parnes, Harold Parnes.(Tabar, Jonathan)
March 20, 2024 Filing 12 NOTICE OF APPEARANCE by Jonathan Tabar on behalf of Harold Parnes..(Tabar, Jonathan)
March 20, 2024 Filing 11 NOTICE OF APPEARANCE by Jonathan Tabar on behalf of Harold Parnes..(Tabar, Jonathan)
March 19, 2024 Filing 10 DEMAND for Trial by Jury. Document filed by Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc..(Edwards, Cara)
March 9, 2024 Filing 9 NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be conducted by telephone. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. SO ORDERED. Initial Conference set for 6/4/2024 at 04:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 3/9/2024) (tg)
March 9, 2024 Filing 8 ORDER: This action was removed from the Supreme Court of the State of New York, County of New York, on March 6, 2024. Dkt. No. 1. First, pursuant to Fed. R. Civ. P. 81(c)(3), if any party wishes to demand a jury trial in this matter, the demand must be served and filed no later than March 20, 2024. Second, counsel for Plaintiffs is directed to promptly file a notice of appearance in this case. Third, Plaintiffs are directed to file an amended complaint that complies with Fed. R. Civ. P. 8(a) no later than April 15, 2024. Defendants are not required to answer or otherwise respond to the summons at Dkt. No. 1-1. The deadline for Defendants to answer or otherwise respond to the amended complaint described above is within 21 days of service. Finally, Counsel for Defendants is directed to serve a copy of this order on Plaintiff, and to retain proof of service. ( Amended Pleadings due by 4/15/2024.) (Signed by Judge Gregory H. Woods on 3/9/2024) (rro)
March 8, 2024 Filing 7 CIVIL COVER SHEET filed..(Edwards, Cara)
March 8, 2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Cara Dyonne Edwards to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Plaintiff party name on the PDF case caption does not match as it appears on the pleading caption;. 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 October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
March 8, 2024 Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
March 8, 2024 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
March 8, 2024 Case Designated ECF. (jgo)
March 7, 2024 Filing 6 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 161170/2023..Document filed by Medtronic USA, Inc., Medtronic, Inc., Medtronic Sofamor Danek USA, Inc.. (Attachments: #1 Exhibit A - State Court Summons, #2 Exhibit B - State Court Process of Service, #3 Exhibit C - State Court Docket Sheet, #4 Exhibit D - Results of White Pages Search).(Edwards, Cara)
March 7, 2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Cara Dyonne Edwards to RE-FILE Document No. #1 Notice of Removal,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF case caption must list all of the party names and must not include 'et al'. Re-file the pleading using the event type Notice of Removal 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 3/12/2024. (jgo)
March 6, 2024 Filing 5 NOTICE of Filing of Notice of Removal in State Court re: #1 Notice of Removal,,. Document filed by Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc...(Edwards, Cara)
March 6, 2024 Filing 4 NOTICE OF APPEARANCE by Cara Dyonne Edwards on behalf of Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc...(Edwards, Cara)
March 6, 2024 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Medtronic plc for Medtronic, Inc.; Corporate Parent Medtronic, Inc. for Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc.. Document filed by Medtronic Sofamor Danek USA, Inc., Medtronic USA, Inc., Medtronic, Inc...(Edwards, Cara)
March 6, 2024 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Edwards, Cara) Modified on 3/8/2024 (jgo).
March 6, 2024 Filing 1 FILING ERROR DEFICIENT PLEADING - PDF ERROR - NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 161170/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-29044358).Document filed by Medtronic USA, Inc., Medtronic, Inc., Medtronic Sofamor Danek USA, Inc.. (Attachments: #1 Exhibit Exhibit A - State Court Summons, #2 Exhibit Exhibit B - State Court Process of Service, #3 Exhibit Exhibit C - State Court Docket Sheet, #4 Exhibit Exhibit D - Results of White Pages Search).(Edwards, Cara) Modified on 3/7/2024 (jgo).

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Search for this case: Parnes et al v. Medtronic, Inc. et al
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Plaintiff: Harold Parnes
Represented By: Evan Torgan
Represented By: Jonathan Tabar
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Plaintiff: Cindy Parnes
Represented By: Evan Torgan
Represented By: Jonathan Tabar
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Defendant: Medtronic, Inc.
Represented By: Cara Dyonne Edwards
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Defendant: Medtronic USA, Inc.
Represented By: Cara Dyonne Edwards
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Defendant: Medtronic Sofamor Danek USA, Inc.
Represented By: Cara Dyonne Edwards
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