This case was last updated from U.S. District Courts on 07/05/2019 at 09:35:03 (UTC).

Gutierrez v. Medrobotics Corporation et al

Case Summary

On 04/23/2019 Gutierrez filed a Personal Injury - Medical/Pharmaceutical Product Liability lawsuit against Medrobotics Corporation. This case was filed in U.S. District Courts, Florida Southern District. The Judges overseeing this case are Jose E. Martinez and Alicia M. Otazo-Reyes. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-21548

  • Filing Date:

    04/23/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical/Pharmaceutical Product Liability

  • Courthouse:

    Florida Southern District

Judge Details

Presiding Judge

Jose E. Martinez

Referral Judge

Alicia M. Otazo-Reyes

 

Party Details

Plaintiff

Gladys Gutierrez

Defendants

South Miami Hospital, Inc.

Medrobotics Corporation

Attorney/Law Firm Details

Plaintiff Attorney

Christopher G. Brown

Attorney at Cooney Trybus Kwavnick Peets

1600 West Commercial Blvd, Suite 200

Fort Lauderdale, FL 33309

Defendant Attorneys

Scott Lawrence Mendlestein

Attorney at Falk Waas Hernandez Cortina Solomon & Bonner

135 San Lorenzo Avenue, Suite 500

Coral Gables, FL 33146

Carly W. Stephani

Attorney at Bowman and Brooke LLP

150 S. 5Th Street, Suite 3000

Minneapolis, MN 55402

Christine L. Welstead

Attorney at Bowman and Brooke LLP

Suite 800, Two Alhambra Plaza

Miami, FL 33134

Jennifer L. Bullard

Attorney at Bowman and Brooke LLP

150 S. 5Th Street, Suite 3000

Minneapolis, MN 55402

Kim Schmid

Attorney at Bowman & Brooke

150 South 5Th Street, Suite 3000

Minneapolis, MN 55402-4244

 

Court Documents

#31

(#31) REPORT AND RECOMMENDATION re #5 Defendant's MOTION to Dismiss; #14 Defendant's MOTION to Remand. Objections to R&R due by 7/15/2019. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/1/2019. See attached document for full details. (kmh) (Entered: 07/01/2019)

#30

(#30) ORDER REFERRING #5 Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, Plaintiff's Complaint filed by South Miami Hospital, Inc.. Motions referred to Judge Alicia M. Otazo-Reyes. Signed by Judge Jose E. Martinez on 6/27/2019. See attached document for full details. (cds) (Entered: 06/28/2019)

#14

(#23) RESPONSE in Opposition re #14 Defendant's MOTION to Remand filed by Medrobotics Corporation. Replies due by 6/4/2019. (Welstead, Christine) (Entered: 05/28/2019)

9 #1

Certification CERTIFICATION OF KIM M. SCHMID

#8

(#8) ORDER OF RECUSAL. Senior Judge James Lawrence King recused. Case reassigned to Judge Jose E. Martinez for all further proceedings. Signed by Senior Judge James Lawrence King on 4/25/2019. See attached document for full details. (yar) (Entered: 04/25/2019)

7 #2

Text of Proposed Order (proposed) ORDER GRANTING MOTION TO APPEAR PRO HAC VICE -

7 #1

Certification CERTIFICATION OF CARLY W. STEPHANI

#7

(#10) ORDER granting #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Kim M. Schmid ; granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Kim M. Schmid. Signed by Judge Jose E. Martinez on 4/30/2019. See attached document for full details. (vmz) (Entered: 04/30/2019)

#6

(#6) Corporate Disclosure Statement by Medrobotics Corporation identifying Corporate Parent Medrobotics Corporation for Medrobotics Corporation (Welstead, Christine) (Entered: 04/24/2019)

5 #1

Text of Proposed Order Proposed Order

#5

(#30) ORDER REFERRING #5 Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, Plaintiff's Complaint filed by South Miami Hospital, Inc.. Motions referred to Judge Alicia M. Otazo-Reyes. Signed by Judge Jose E. Martinez on 6/27/2019. See attached document for full details. (cds) (Entered: 06/28/2019)

#4

(#4) ORDER Granting #3 Motion for Extension of Time to File Answer to a Complaint or Other Case Initiating Document Medrobotics Corporation. Answer due 5/24/2019. Re: #1 Notice of Removal (State Court Complaint),, filed by Medrobotics Corporation. Signed by Senior Judge James Lawrence King on 4/24/2019. See attached document for full details. (jw) (Entered: 04/24/2019)

3 #1

Text of Proposed Order

#3

(#4) ORDER Granting #3 Motion for Extension of Time to File Answer to a Complaint or Other Case Initiating Document Medrobotics Corporation. Answer due 5/24/2019. Re: #1 Notice of Removal (State Court Complaint),, filed by Medrobotics Corporation. Signed by Senior Judge James Lawrence King on 4/24/2019. See attached document for full details. (jw) (Entered: 04/24/2019)

1 #5

Exhibit D - Demand

1 #2

Exhibit A - State Court Complaint

1 #1

Civil Cover Sheet Civil Cover Sheet

#1

(#22) MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, by Medrobotics Corporation. Responses due by 6/7/2019 (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Dismiss)(Welstead, Christine) (Entered: 05/24/2019)

41 More Documents Available

 

Docket Entries

  • 07/01/2019
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  • (#31) REPORT AND RECOMMENDATION re #5 Defendant's MOTION to Dismiss; #14 Defendant's MOTION to Remand. Objections to R&R due by 7/15/2019. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/1/2019. See attached document for full details. (kmh) (Entered: 07/01/2019)

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  • 06/27/2019
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  • (#30) ORDER REFERRING #5 Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, Plaintiff's Complaint filed by South Miami Hospital, Inc.. Motions referred to Judge Alicia M. Otazo-Reyes. Signed by Judge Jose E. Martinez on 6/27/2019. See attached document for full details. (cds) (Entered: 06/28/2019)

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  • 06/27/2019
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  • (#29) NOTICE of Attorney Appearance by Scott Lawrence Mendlestein on behalf of South Miami Hospital, Inc. (Mendlestein, Scott) (Entered: 06/27/2019)

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  • 06/27/2019
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  • (#28) PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Motion Hearing held on 6/27/2019 re #14 Defendant's MOTION to Remand filed by South Miami Hospital, Inc.. Total time in court: 11 minutes. Attorney Appearance(s): Plaintiff's counsel did not appear. Paige Saperstein appeared on behalf of Defendant South Miami Hospital, Inc.; Christine L. Welstead appeared on behalf of Defendant Medrobotics Corporation. Order to follow. (Digital 14:01:21) (sl) (Entered: 06/27/2019)

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  • 06/26/2019
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  • (#27) Clerks Notice to Filer re #26 Agreed MOTION for Extension of Time TO COMPLETE ALL DISCOVERY re #21 Scheduling Order,,, Order Referring Case to Mediation,,, Order Referring Case to Magistrate Judge,,. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) (Entered: 06/26/2019)

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  • 06/26/2019
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  • (#26) Agreed Motion for Extension of Time of Discovery Cutoff Deadline by Medrobotics Corporation. Responses due by 7/10/2019 (Attachments: #1 Text of Proposed Order)(Welstead, Christine) Modified Relief on 6/26/2019 (ls). (Entered: 06/26/2019)

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  • 05/31/2019
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  • (#25) PAPERLESS ORDER Setting Hearing on #14 Defendant's MOTION to Remand for 6/27/2019 at 2:00 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 5/31/2019. (kmh) (Entered: 05/31/2019)

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  • 05/30/2019
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  • (#24) STATUS REPORT by Medrobotics Corporation (Welstead, Christine) (Entered: 05/30/2019)

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  • 05/28/2019
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  • (#23) RESPONSE in Opposition re #14 Defendant's MOTION to Remand filed by Medrobotics Corporation. Replies due by 6/4/2019. (Welstead, Christine) (Entered: 05/28/2019)

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  • 05/24/2019
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  • (#22) MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, by Medrobotics Corporation. Responses due by 6/7/2019 (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Dismiss)(Welstead, Christine) (Entered: 05/24/2019)

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11 More Docket Entries
  • 04/30/2019
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  • (#10) ORDER granting #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Kim M. Schmid ; granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Kim M. Schmid. Signed by Judge Jose E. Martinez on 4/30/2019. See attached document for full details. (vmz) (Entered: 04/30/2019)

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  • 04/29/2019
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  • (#9) MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for KIM M. SCHMID. Filing Fee $ 75.00 Receipt # 113C-11595400 by Medrobotics Corporation. Responses due by 5/13/2019 (Attachments: #1 Certification CERTIFICATION OF KIM M. SCHMID, #2 Text of Proposed Order (proposed) ORDER GRANTING MOTION TO APPEAR PRO HAC VICE - KIM M. SCHMID)(Welstead, Christine) (Entered: 04/29/2019)

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  • 04/25/2019
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  • (#8) ORDER OF RECUSAL. Senior Judge James Lawrence King recused. Case reassigned to Judge Jose E. Martinez for all further proceedings. Signed by Senior Judge James Lawrence King on 4/25/2019. See attached document for full details. (yar) (Entered: 04/25/2019)

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  • 04/25/2019
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  • (#7) MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for CARLY W. STEPHANI. Pay.gov Agency Tracking ID 113C-11588001. Filing Fee $ 75.00 by Medrobotics Corporation. Responses due by 5/9/2019 (Attachments: #1 Certification CERTIFICATION OF CARLY W. STEPHANI, #2 Text of Proposed Order (proposed) ORDER GRANTING MOTION TO APPEAR PRO HAC VICE - CARLY W. STEPHANI)(Welstead, Christine) (Entered: 04/25/2019)

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  • 04/24/2019
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  • (#6) Corporate Disclosure Statement by Medrobotics Corporation identifying Corporate Parent Medrobotics Corporation for Medrobotics Corporation (Welstead, Christine) (Entered: 04/24/2019)

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  • 04/24/2019
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  • (#5) Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, Plaintiff's Complaint by South Miami Hospital, Inc.. Responses due by 5/8/2019 (Attachments: #1 Text of Proposed Order Proposed Order)(Mendlestein, Scott) (Entered: 04/24/2019)

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  • 04/24/2019
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  • (#4) ORDER Granting #3 Motion for Extension of Time to File Answer to a Complaint or Other Case Initiating Document Medrobotics Corporation. Answer due 5/24/2019. Re: #1 Notice of Removal (State Court Complaint),, filed by Medrobotics Corporation. Signed by Senior Judge James Lawrence King on 4/24/2019. See attached document for full details. (jw) (Entered: 04/24/2019)

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  • 04/23/2019
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  • (#3) Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),, by Medrobotics Corporation. (Attachments: #1 Text of Proposed Order)(Welstead, Christine) (Entered: 04/23/2019)

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  • 04/23/2019
  • (#2) Clerks Notice of Judge Assignment to Senior Judge James Lawrence King. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs) (Entered: 04/23/2019)

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  • 04/23/2019
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  • (#1) NOTICE OF REMOVAL (STATE COURT COMPLAINT - COMPLAINT AND DEMAND FOR JURY TRIAL) Filing fee $400.00. Pay.gov Agency Tracking ID 113C-11580611, payment transferred from : 19CV21547 Gutierrez v. Medrobotics Corporation et al, filed by Medrobotics Corporation. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - State Court Complaint, #3 Exhibit B - Sunbiz Documents, #4 Exhibit C - Delaware Division of Corporations, #5 Exhibit D - Demand, #6 Exhibit E - State Court File)(Welstead, Christine) State Court Motion to Dismiss filed. Text Modified on 4/23/2019 (pcs). (Entered: 04/23/2019)

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