Kolbeck, Clark v. Atrium Medical Corporation et al
| Clark Kolbeck |
| Atrium Medical Corporation, Maquet Cardiovascular US Sales, LLC and Getinge AB |
| 3:2021cv00776 |
| December 8, 2021 |
| US District Court for the Western District of Wisconsin |
| William M Conley |
| Stephen L Crocker |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 31, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 Affidavit of Service by Plaintiff. Maquet Cardiovascular US Sales, LLC served on 1/26/2022, answer due 2/16/2022. (Brenes, Troy) |
| Filing 7 Affidavit of Service by Plaintiff. Getinge AB served on 1/26/2022, answer due 2/16/2022. (Brenes, Troy) |
| Action Requested: Counsel for plaintiff requested to promptly file proof of service. (rks) |
Filing 6
** TEXT ONLY ORDER ** The allegations in the amended complaint (dkt. #5 ) are sufficient to establish this court's exercise of subject matter jurisdiction under 28 U.S.C. 1332. Signed by District Judge William M. Conley on 1/7/2022. (rks)
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| Filing 5 AMENDED COMPLAINT against All Defendants, filed by Clark Kolbeck. (Brenes, Troy) |
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Filing 4
** TEXT ONLY ORDER **On December 10, 2021, the court issued an order that required plaintiff to file an amended complaint containing allegations about the citizenship of defendant Maquet Cardiovascular US Sales, LLC, for purposes of determining whether this court has subject matter jurisdiction over this case under 28 U.S.C. 1332(a). (Dkt. #3 .) The court set December 24, 2021, as the deadline for plaintiff to satisfy that order and warned plaintiff that "failure to amend timely shall result in prompt dismissal of this matter for lack of subject matter jurisdiction." (Id. at 3.) Instead, on December 16, 2021, plaintiff submitted documents relating to an MDL action, but then failed to file timely an amended complaint or otherwise submit information concerning the citizenship of the LLC defendant. Whether or not this case may be transferable to an MDL action, plaintiff still must provide sufficient allegations from which a federal court can determine whether it has subject matter jurisdiction over this action. In case there was some confusion as to this requirement, the court will provide plaintiff until January 10, 2022, to submit an amended complaint alleging the names and citizenship of each member of the defendant LLC. Failure to do so, will result in dismissal of this action. Signed by District Judge William M. Conley on 1/3/2022. (rks)
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Filing 3
ORDER Regarding Jurisdiction. Proof of Diversity of Citizenship due 12/24/2021. Signed by District Judge William M. Conley on 12/10/2021. (arw)
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| Filing 2 Summons Issued as to Atrium Medical Corporation, et al. (Attachments: #1 Summons Issued - Getinge AB, #2 Summons Issued - Maquet Cardiovascular US Sales, LLC) (rks) |
| Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (rks) |
| Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (rks) |
| Filing 1 COMPLAINT against All Defendants. ( Filing fee $ 402 receipt number 0758-2976487.), filed by Clark Kolbeck. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons - Atrium Medical Corp. (with a complaint from the Southern District of Ohio attached), #3 Summons - Getinge AB, #4 Summons - Maquet Cardiovascular US Sales, LLC) (Brenes, Troy) Modified on 12/9/2021. (lak) |
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