This case was last updated from U.S. District Courts on 07/24/2022 at 08:18:02 (UTC).

Spindel v. Amarat, et al

Case Summary

On 05/25/2022 Spindel filed a Personal Injury - Medical Malpractice lawsuit against Amarat. This case was filed in U.S. District Courts, New York Eastern District Court. The Judges overseeing this case are Gary R. Brown and Anne Y. Shields. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:22-CV-03106

  • Filing Date:

    05/25/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

Judge Details

Presiding Judge

Gary R. Brown

Referral Judge

Anne Y. Shields

 

Party Details

Plaintiff

JILLIAN SPINDEL

Defendants

TERRY D. AMARAT, M.D.

JON-PAUL DIMAURO, M.D.

NORTHWELL HEALTH LONG ISLAND JEWISH MEDICAL CENTER

DEPUY SYNTHES PRODUCTS, INC.

DEPUY SYNTHES SALES, INC.

DEPUY SYNTHES SPINE, INC.

JOHNSON & JOHNSON, INC.

Terry D. Amarat

Attorney/Law Firm Details

Plaintiff Attorney

David J. Lorber

Attorney at David J. Lorber & Associates PLLC

100 N. Country Road

Setauket, NY 11733

Defendant Attorneys

Erin L Deacy

Attorney at Shaub, Ahmuty, Citrin & Spratt, LLP

1983 Marcus Avenue

Lake Success, NY 11042

James Francis Murdica

Attorney at Barnes & Thornburg LLP

One N Wacker Drive, Suite 4400

Chicago, IL 60606

Joel Thaddeus Larson, Jr

Attorney at Barnes & Thornburg LLP

11 South Meridian Street

Indianapolis, IN 46204

 

Court Documents

#19

(#19) Letter MOTION for pre motion conference by Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc.. (Larson, Joel) (Entered: 07/06/2022)

#18

(#18) Letter Response to co-defendants' objection by Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc. (Larson, Joel) (Entered: 06/24/2022)

#17

(#17) Letter Ltr to Court objecting to co-defendants' 4 page letter brief by Jon-Paul DiMauro, M.D., Northwell Health Long Island Jewish Medical Center (Deacy, Erin) (Entered: 06/24/2022)

#16

(#16) RESPONSE TO ORDER TO SHOW CAUSE by Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc. (Larson, Joel) (Entered: 06/23/2022)

#15

(#15) RESPONSE TO ORDER TO SHOW CAUSE by Jillian Spindel (Lorber, David) (Entered: 06/16/2022)

#14

(#14) NOTICE of Appearance by David J. Lorber on behalf of Jillian Spindel (notification declined or already on case) (Lorber, David) (Entered: 06/15/2022)

13 #1

Affidavit in Support Affidavit in Support of Motion to Admit Counsel Pro Hac Vic

13 #13

Main Document

8 #8

Main Document

#7

(#7) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Landow, Concetta) (Entered: 05/26/2022)

#6

(#6) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) (Entered: 05/26/2022)

#5

ORDER denying #5 Motion to Sever without prejudice to renewal. Based upon the undersigned's individual rules, a party moving for a motion pursuant to Rules 19 and 21 of the Federal Rules of Civil Procedure must file a pre-motion letter. Counsel should note that, in appropriate cases, the pre-motion letter along withcounsel's argument at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself, and failure to raise the arguments in the pre-motion letter and the pre-motion conference shall be deemed waived. The Court also observes the bundling rule. See Rule II. Ordered by Judge Gary R. Brown on 6/27/2022. c/ecf (Johnston, Linda) (Entered: 06/27/2022)

#4

(#4) CERTIFICATE of Counsel of Filing in State Court by James Francis Murdica on behalf of DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON, INC. (Murdica, James) (Entered: 05/26/2022)

#3

(#3) Corporate Disclosure Statement by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON, INC. (Murdica, James) (Entered: 05/25/2022)

#2

(#2) NOTICE of Appearance by James Francis Murdica on behalf of DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON, INC. (notification declined or already on case) (Murdica, James) (Entered: 05/25/2022)

1 #2

Civil Cover Sheet

1 #1

Removal Action Complaint A - State Court Record

1 #1

Main Document

12 More Documents Available

 

Docket Entries

  • 07/21/2022
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  • DocketORDER finding as moot #19 Motion for Pre Motion Conference. See Order dated 7/20/2022. Ordered by Judge Gary R. Brown on 7/21/2022. c/ecf (Johnston, Linda) (Entered: 07/21/2022)

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  • 07/20/2022
  • DocketOrder of Remand to State Court. As the Court previously noted, as several of the defendants are New York citizens, there is an absence of complete diversity in this matter. Acknowledging the lack of diversity, removing defendants argue that the inclusion of non-diverse defendants constitutes fraudulent misjoinder. Generally, in absence of complete diversity, the court cannot exercise jurisdiction. Lupo v. Hum. Affs., Intl, Inc., 28 F.3d 269, 274 (2d Cir. 1994) ("In light of the congressional intent to restrict federal court jurisdiction, as well as the importance of preserving the independence of state governments, federal courts construe the removal statute narrowly, resolving any doubts against removability.") Several courts have held that the doctrine of fraudulent misjoinder would allow a court to sever non-diverse parties, retaining jurisdiction over the diverse parties. See Massey v Cecil No. 19-cv-49, 2019 WL 1780139, at *4 (N.D.N.Y. Apr. 23, 2019) (assuming the applicability of the doctrine of fraudulent misjoinder in the Second Circuit); Nolan v. Olean Gen. Hosp., No 13-cv-333, 2013 WL 3475475, at *3 (W.D.N.Y. July 10, 2013) ("Fraudulent misjoinder occurs when a plaintiff purposefully attempts to defeat removal by joining together claims against two or more defendants where the presence of one would defeat removal and where in reality there is no sufficient factual nexus among the claims to satisfy the permissive joinder standard." (quoting Fed. Ins. Co. v. Tyco Intl Ltd., 422 F. Supp. 2d 357, 378 (S.D.N.Y. 2006)). Central to the question of fraudulent misjoinder is whether "the claims asserted by or against the non-diverse party who is joined lack a sufficient factual nexus to the case to support joinder under applicable rules of procedure." Abruzzo Docg Inc. v. Acceptance Indem. Ins. Co., No. 20-cv-4160 (MKB), 2021 WL 5304058, at *6 (E.D.N.Y. Nov. 15, 2021) (also noting courts evaluate claims of fraudulent misjoinder by applying the relevant state law rule for permissive joinder rather than the federal rule. The New York rule of civil procedure governing permissive joinder permits joinder of defendants "against whom there is asserted any right to relief jointly, severally, or in the alternative, arising out of the same transaction, occurrence, or series of transactions or occurrences" if "any common question of law or fact would arise." N.Y. C.P.L.R. 1002(b)).Plaintiff and non-removing defendants credibly dispute removing defendants' fraudulent misjoinder claim, arguingquite persuasivelythat the claims in the complaint, as a whole, share common questions of law and fact. See Humphrey v. Riley, No. 14-cv-80 (GLS)(TWD), 2014 WL 3400964, at *3 (N.D.N.Y. July 10, 2014) (finding that claims of product liability and medical malpractice "undoubtedly raise common questions of law and/or fact, particularly with regard to causation and the apportionment of liability, and the claims in this case arise from the same underlying transaction."); In re Fosamax Prods. Laib. Litig., Nos. 06-md-1789, 07-cv-2442, 07-cv-9564, 07-cv-9485, 07-cv-3792, 2008 WL 2940560, at *10 (S.D.N.Y. July 29, 2008) (holding that fraudulent misjoinder not present where "[a]ll of the claims asserted by [the plaintiff] arise from her suffering of jaw-related injuries" because "[s]he alleges that [a drug manufacturer]'s failure to adequately warn that taking [the drug] created a risk of these injuries caused their onset, and that the [treating dentists]' failure to properly diagnose and treat the injuries caused their aggravation"). Plaintiff and non-removing defendants highlight these reasons in their filings. DE 12, 15. Because Plaintiff's claims against removing defendants arise out of the same occurrence and raise common questions of fact and law, the Court cannot conclude that they were misjoinded under New York States permissive joinder rules.Thus, removing defendants, who bear the burden of demonstrating fraudulent misjoinder, have failed to make an adequate showing. Because the Court lacks jurisdiction over the action, the Court declines to address the merits of removing defendants' motions to sever. This matter is remanded to the Suffolk County Supreme Court, and the Clerk is respectfully directed to close the file. Ordered by Judge Gary R. Brown on 7/20/2022. c/ecf (Cowan, Timothy) (Entered: 07/20/2022)

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  • 07/06/2022
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  • Docket(#19) Letter MOTION for pre motion conference by Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc.. (Larson, Joel) (Entered: 07/06/2022)

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  • 06/27/2022
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  • DocketORDER denying #5 Motion to Sever without prejudice to renewal. Based upon the undersigned's individual rules, a party moving for a motion pursuant to Rules 19 and 21 of the Federal Rules of Civil Procedure must file a pre-motion letter. Counsel should note that, in appropriate cases, the pre-motion letter along withcounsel's argument at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself, and failure to raise the arguments in the pre-motion letter and the pre-motion conference shall be deemed waived. The Court also observes the bundling rule. See Rule II. Ordered by Judge Gary R. Brown on 6/27/2022. c/ecf (Johnston, Linda) (Entered: 06/27/2022)

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  • 06/24/2022
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  • Docket(#18) Letter Response to co-defendants' objection by Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc. (Larson, Joel) (Entered: 06/24/2022)

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  • 06/24/2022
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  • Docket(#17) Letter Ltr to Court objecting to co-defendants' 4 page letter brief by Jon-Paul DiMauro, M.D., Northwell Health Long Island Jewish Medical Center (Deacy, Erin) (Entered: 06/24/2022)

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  • 06/23/2022
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  • Docket(#16) RESPONSE TO ORDER TO SHOW CAUSE by Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc. (Larson, Joel) (Entered: 06/23/2022)

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  • 06/16/2022
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  • Docket(#15) RESPONSE TO ORDER TO SHOW CAUSE by Jillian Spindel (Lorber, David) (Entered: 06/16/2022)

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  • 06/15/2022
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  • Docket(#14) NOTICE of Appearance by David J. Lorber on behalf of Jillian Spindel (notification declined or already on case) (Lorber, David) (Entered: 06/15/2022)

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  • 06/15/2022
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  • DocketORDER granting #13 Motion for Leave to Appear Pro Hac Vice: The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of all activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 6/15/2022. (Minerva, Deanna) (Entered: 06/15/2022)

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8 More Docket Entries
  • 05/26/2022
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  • Docket(#8) Notice of MOTION to Appear Pro Hac Vice of JT Larson Filing fee $ 150, receipt number BNYEDC-15603510. by Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc., Johnson & Johnson, Inc.. (Attachments: #1 Affidavit of JT Larson with certificate of good standing) (Larson, Joel) (Entered: 05/26/2022)

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  • 05/26/2022
  • DocketDavid J. Lorber; This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online.c/m to Attorney David J. Lorber. (Landow, Concetta) (Entered: 05/26/2022)

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  • 05/26/2022
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  • Docket(#7) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Landow, Concetta) (Entered: 05/26/2022)

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  • 05/26/2022
  • DocketCase Assigned to Judge Gary R. Brown and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to Anne Y. Shields. (Landow, Concetta) (Entered: 05/26/2022)

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  • 05/26/2022
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  • Docket(#6) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) (Entered: 05/26/2022)

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  • 05/26/2022
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  • Docket(#5) MOTION to Sever Product Liability Claims Brought Against DePuy and Johnson & Johnson by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON, INC.. (Murdica, James) (Entered: 05/26/2022)

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  • 05/26/2022
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  • Docket(#4) CERTIFICATE of Counsel of Filing in State Court by James Francis Murdica on behalf of DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON, INC. (Murdica, James) (Entered: 05/26/2022)

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  • 05/25/2022
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  • Docket(#3) Corporate Disclosure Statement by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON, INC. (Murdica, James) (Entered: 05/25/2022)

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  • 05/25/2022
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  • Docket(#2) NOTICE of Appearance by James Francis Murdica on behalf of DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON, INC. (notification declined or already on case) (Murdica, James) (Entered: 05/25/2022)

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  • 05/25/2022
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  • Docket(#1) NOTICE OF REMOVAL by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON, INC. from Supreme Court of the State of New York, County of Suffolk, case number 606734/2022. ( Filing fee $ 402 receipt number ANYEDC-15601112) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Removal Action Complaint A - State Court Record, #2 Civil Cover Sheet) (Murdica, James) Modified on 5/26/2022 (Landow, Concetta). (Entered: 05/25/2022)

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