Greenwood v. Arthrex, Inc. et al
| Leslie M. Greenwood |
| Arthrex, Inc., TE Connectivity Corporation f/k/a Heat Shrink Innovations, LLC, Precision Edge Surgical Products Company LLC, TE Connectivity Corporation and Heat Shrink Innovations, LLC |
| 1:2021cv01101 |
| October 7, 2021 |
| US District Court for the Western District of New York |
| William M Skretny |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on May 19, 2023. A more recent docket listing may be available from PACER.
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Filing 21
SCHEDULING NOTICE on #18 #20 Motions to Dismiss. Responses due by 12/13/2021. Replies due by 12/20/2021. Oral Argument will be scheduled by the Court, if necessary. (JCM)
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Filing 20
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UNDER RULE 12(b)(6), MOTION to Dismiss for Lack of Jurisdiction under Rule 12(b)(2) by Precision Edge Surgical Products Company LLC. (Attachments: #1 Memorandum in Support, #2 Declaration)(Short, David)
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Filing 19
ANSWER to Complaint (Second Amended Complaint, ECF No. 13) by Arthrex, Inc..(Goldstein, Philip)
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Filing 18
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by TE Connectivity Corporation. (Attachments: #1 Memorandum in Support)(Vita, William)
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Filing 17
TEXT ORDER On October 28, 2021, Defendants TE Connectivity Corporation and Precision Edge Surgical Products Company, LLC #6 #7 moved to dismiss Plaintiff's complaint. Defendant Arthrex, Inc. filed an #8 answer. Plaintiff thereafter filed an #13 amended complaint. Because an amended complaint supersedes an original complaint and renders it of no legal effect, the #6 #7 motions to dismiss will be denied as moot. See Shields v. Citytrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir. 1994) ("It is well established that an amended complaint ordinarily supersedes the original, and renders it of no legal effect."); Thompson v. Pallito, 949 F. Supp. 2d 558, 582 (D.Vt. 2013) ("[M]otions addressed to the original complaint are generally regarded as moot upon the filing of an amended complaint.") (citing cases).IT HEREBY IS ORDERED, that the #6 #7 Motions to Dismiss are DENIED AS MOOT.FURTHER, that Defendants must answer or otherwise respond to Plaintiff's #13 Second Amended Complaint within 14 days of the entry date of this Text Order.SO ORDERED. Issued by William M. Skretny, United States District Judge on 11/12/2021. (JCM)
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Filing 16
AFFIDAVIT of Service for Second Amended Complaint served on Precision Edge Surgical Products Company LLC on 11/11/2021, filed by Leslie M. Greenwood. (Connelly, Andrew)
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Filing 15
AFFIDAVIT of Service for Second Amended Complaint served on TE Connectivity Corp on 11/11/2021, filed by Leslie M. Greenwood. (Connelly, Andrew)
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Filing 14
AFFIDAVIT of Service for Second Amended Complaint served on Arthrex, Inc. on 11/11/2021, filed by Leslie M. Greenwood. (Connelly, Andrew)
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Filing 13
AMENDED DOCUMENT by Leslie M. Greenwood. Second Amended Complaint. (Connelly, Andrew)
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Filing 12
TEXT ORDER -- IT HEREBY IS ORDERED, that Paul A. Williams's #11 Motion for Admission Pro Hac Vice is GRANTED. SO ORDERED. Issued by William M. Skretny, United States District Judge on 11/8/2021. (JCM)
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Filing 11
MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4408070.) by TE Connectivity Corporation. (Attachments: #1 Supplement PHV Motion, #2 Exhibit A-Admission Petition Form, #3 Exhibit B-Sponsor Affidavit, #4 Exhibit C-Attorney Oath, #5 Exhibit D- Principles & Guidelines Signature Page, #6 Exhibit E-ECF Registration)(Vita, William)
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Filing 10
SCHEDULING NOTICE on #6 #7 Motions to Dismiss. Responses are due by 11/12/2021. Replies are due by 11/19/2021. Oral Argument will be scheduled by the Court, if necessary. (JCM)
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ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ)
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Filing 9
Corporate Disclosure Statement by Arthrex, Inc.. (Goldstein, Philip)
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Filing 8
ANSWER to Complaint by Arthrex, Inc..(Goldstein, Philip)
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Filing 7
MOTION to Dismiss For Lack of Personal Jurisdiction and Failure to State a Claim by Precision Edge Surgical Products Company LLC. Responses due by 11/18/2021. (Attachments: #1 Declaration of Todd Fewins, #2 Memorandum in Support of Precision Edge's Motion to Dismiss Plaintiff's Amended Complaint)(Lucinski, Ryan)
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Filing 6
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by TE Connectivity Corporation. (Attachments: #1 Memorandum in Support)(Vita, William)
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Filing 5
Corporate Disclosure Statement by TE Connectivity Corporation identifying Corporate Parent TE Connectivity, Ltd for TE Connectivity Corporation.. (Vita, William)
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Filing 4
Corporate Disclosure Statement by Precision Edge Surgical Products Company LLC identifying Corporate Parent Colson Medical, LLC for Precision Edge Surgical Products Company LLC.. (Lucinski, Ryan)
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Filing 3
TEXT ORDER -- IT HEREBY IS ORDERED, that the parties' #2 stipulation is APPROVED. Defendants must respond to Plaintiff's complaint by October 28, 2021. SO ORDERED.Issued by William M. Skretny, United States District Judge on 10/18/2021. (JCM)
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Filing 2
STIPULATION re #1 Notice of Removal, and Order for Extension of Time by Precision Edge Surgical Products Company LLC. (Lucinski, Ryan)
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM)
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Case Assigned to Hon. William M. Skretny. Notification to Chambers of on-line civil case opening. (TMK)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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Notified Multi-District Litigation Panel of potential tag-along case. (TMK)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK)
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Filing 1
NOTICE OF REMOVAL by Precision Edge Surgical Products Company LLC from Erie County Supreme Court, case number 807377/2019. (Filing fee $ 402 receipt number 0209-4383978), filed by Precision Edge Surgical Products Company LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Lucinski, Ryan)
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