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United States District Court Northern District of New York
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USCOURTS
Judicial Publications
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2021-04-27
Administrative Office of the United States Courts
2021-04-26
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JU 4.15
https://www.govinfo.gov/app/details/USCOURTS-nynd-3_17-cv-00640
P0b002ee1ada37b47
DGPO
2021-04-27
2021-04-27
USCOURTS-nynd-3_17-cv-00640
machine generated
eng
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USCOURTS
USCOURTS-nynd-3_17-cv-00640
District
nynd
2nd
New York
2352
3:17-cv-00640
Binghamton
civil
367
TORTS - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability
28:1446 Petition for Removal- Personal Injury
O'Neil v. Argon Medical Devices, Inc. et al
3:17-cv-00640
https://www.govinfo.gov/app/details/USCOURTS-nynd-3_17-cv-00640
JU 4.15
3:17-cv-00640;17-640
United States District Court Northern District of New York
2nd Circuit
Binghamton
U.S. Courts
author
aut
Argon Medical Devices Holdings Inc.
Argon Medical Devices Holdings Inc.
Defendant
Argon Medical Devices, Inc.
Argon Medical Devices, Inc.
Defendant
Kevin O'Neil
O'Neil
Kevin
Plaintiff
Rex Medical, L.P.
Rex Medical, L.P.
Defendant
USCOURTS
USCOURTS-nynd-3_17-cv-00640
District
nynd
2nd
New York
2352
3:17-cv-00640
Binghamton
civil
367
TORTS - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability
28:1446 Petition for Removal- Personal Injury
New York
O'Neil v. Argon Medical Devices, Inc. et al
MEMORANDUM-DECISION & ORDER: Denying the # 7 Motion to Dismiss and to Strike. The Defendants' are directed to file an answer on or before 4/9/2018. Signed by Judge David N. Hurd on 3/22/2018. (jmb)
0
2018-03-22
D09002ee1ada5113b
https://www.govinfo.gov/app/details/USCOURTS-nynd-3_17-cv-00640/USCOURTS-nynd-3_17-cv-00640-0
nynd-3_17-cv-00640_0.pdf
https://www.govinfo.gov/app/details/USCOURTS-nynd-3_17-cv-00640/USCOURTS-nynd-3_17-cv-00640-0
https://www.govinfo.gov/content/pkg/USCOURTS-nynd-3_17-cv-00640/pdf/USCOURTS-nynd-3_17-cv-00640-0.pdf
USCOURTS 3:17-cv-00640; O'Neil v. Argon Medical Devices, Inc. et al;
United States District Court Northern District of New York
New York
USCOURTS-nynd-3_17-cv-00640-0
0
2018-03-22
MEMORANDUM-DECISION & ORDER: Denying the # 7 Motion to Dismiss and to Strike. The Defendants' are directed to file an answer on or before 4/9/2018. Signed by Judge David N. Hurd on 3/22/2018. (jmb)
O'Neil v. Argon Medical Devices, Inc. et al
REPORT AND RECOMMENDATION: It is Recommended that Defendants' # 50 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to FRCP 12(b)(6) be GRANTED with respect to Plaintiffs claims for failure to warn, breach of express warranty, breach of the implied warranty of fitness for a particular purpose, fraudulent misrepresentation, and negligent misrepresentation, with prejudice; and further Recommended that it be DENIED with respect to Plaintiffs claims for negligence, defective design, manufacturing defect, and breach of the implied warranty of merchantability and request for punitive damages; it is further Recommended that Defendants' and Rule 12(f) Motion to Strike be DENIED. If the District Court accepts this Report Recommendation, the claims remaining in this action will be Plaintiffs claims for negligence, defective design, manufacturing defect, and breach of the implied warranty of merchantability. Objections to R&R due by 2/27/2020. Signed by Magistrate Judge Therese Wiley Dancks on 2/13/2020. (jmb)
1
2020-02-13
D09002ee1ada51121
https://www.govinfo.gov/app/details/USCOURTS-nynd-3_17-cv-00640/USCOURTS-nynd-3_17-cv-00640-1
nynd-3_17-cv-00640_1.pdf
https://www.govinfo.gov/app/details/USCOURTS-nynd-3_17-cv-00640/USCOURTS-nynd-3_17-cv-00640-1
https://www.govinfo.gov/content/pkg/USCOURTS-nynd-3_17-cv-00640/pdf/USCOURTS-nynd-3_17-cv-00640-1.pdf
USCOURTS 3:17-cv-00640; O'Neil v. Argon Medical Devices, Inc. et al;
United States District Court Northern District of New York
New York
USCOURTS-nynd-3_17-cv-00640-1
1
2020-02-13
REPORT AND RECOMMENDATION: It is Recommended that Defendants' # 50 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to FRCP 12(b)(6) be GRANTED with respect to Plaintiffs claims for failure to warn, breach of express warranty, breach of the implied warranty of fitness for a particular purpose, fraudulent misrepresentation, and negligent misrepresentation, with prejudice; and further Recommended that it be DENIED with respect to Plaintiffs claims for negligence, defective design, manufacturing defect, and breach of the implied warranty of merchantability and request for punitive damages; it is further Recommended that Defendants' and Rule 12(f) Motion to Strike be DENIED. If the District Court accepts this Report Recommendation, the claims remaining in this action will be Plaintiffs claims for negligence, defective design, manufacturing defect, and breach of the implied warranty of merchantability. Objections to R&R due by 2/27/2020. Signed by Magistrate Judge Therese Wiley Dancks on 2/13/2020. (jmb)
O'Neil v. Argon Medical Devices, Inc. et al
DECISION & ORDER: It is Ordered that the # 64 Report and Recommendations is ACCEPTED IN WHOLE and further Ordered that 1. Defendants' # 50 Motion to Dismiss is GRANTED in part and DENIED in part; 2. Defendants' motion to dismiss is GRANTED with respect to plaintiff's claims for failure to warn, breach of express warranty, breach of the implied warranty of fitness for a particular purpose, fraudulent misrepresentation, and negligent misrepresentation, and those claims are DISMISSED WITH PREJUDICE; 3. Defendants' motion to dismiss is DENIED with respect to plaintiff's claims for negligence, defective design, manufacturing defect, and breach of the implied warranty of merchantability and request for punitive damages; 4. Defendants' Rule 12(f) motion to strike is DENIED; 5. The following claims remain: negligence, defective design, manufacturing defect, and breach of the implied warranty of merchantability; and 6. Defendants are directed to answer the remaining claims in plaintiff's # 47 Second Amended Complaint within twenty (20) days of the date of this Decision and Order. Signed by Judge David N. Hurd on 3/6/2020. (jmb)
2
2020-03-09
D09002ee1ada5113c
https://www.govinfo.gov/app/details/USCOURTS-nynd-3_17-cv-00640/USCOURTS-nynd-3_17-cv-00640-2
nynd-3_17-cv-00640_2.pdf
https://www.govinfo.gov/app/details/USCOURTS-nynd-3_17-cv-00640/USCOURTS-nynd-3_17-cv-00640-2
https://www.govinfo.gov/content/pkg/USCOURTS-nynd-3_17-cv-00640/pdf/USCOURTS-nynd-3_17-cv-00640-2.pdf
USCOURTS 3:17-cv-00640; O'Neil v. Argon Medical Devices, Inc. et al;
United States District Court Northern District of New York
New York
USCOURTS-nynd-3_17-cv-00640-2
2
2020-03-09
DECISION & ORDER: It is Ordered that the # 64 Report and Recommendations is ACCEPTED IN WHOLE and further Ordered that 1. Defendants' # 50 Motion to Dismiss is GRANTED in part and DENIED in part; 2. Defendants' motion to dismiss is GRANTED with respect to plaintiff's claims for failure to warn, breach of express warranty, breach of the implied warranty of fitness for a particular purpose, fraudulent misrepresentation, and negligent misrepresentation, and those claims are DISMISSED WITH PREJUDICE; 3. Defendants' motion to dismiss is DENIED with respect to plaintiff's claims for negligence, defective design, manufacturing defect, and breach of the implied warranty of merchantability and request for punitive damages; 4. Defendants' Rule 12(f) motion to strike is DENIED; 5. The following claims remain: negligence, defective design, manufacturing defect, and breach of the implied warranty of merchantability; and 6. Defendants are directed to answer the remaining claims in plaintiff's # 47 Second Amended Complaint within twenty (20) days of the date of this Decision and Order. Signed by Judge David N. Hurd on 3/6/2020. (jmb)
O'Neil v. Argon Medical Devices, Inc. et al
waive any affirmative defenses, including but not limited to statute of limitations and statute of repose. Signed by Judge David N. Hurd on 4/26/2021. (jmb)STIPULATION & ORDER DISMISSING CASE: IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed without prejudice against Defendants ARGON MEDICAL DEVICES, INC. and REX MEDICAL L.P. ("Defendants") pursuant to the Federal Rules of Civil Procedure 4l(a)(l)(A)(ii), with each party to bear their own costs and fees, including all attorney fees. In entering into this Stipulation, Defendants do not
3
2021-04-26
D09002ee1ada5113d
https://www.govinfo.gov/app/details/USCOURTS-nynd-3_17-cv-00640/USCOURTS-nynd-3_17-cv-00640-3
nynd-3_17-cv-00640_3.pdf
https://www.govinfo.gov/app/details/USCOURTS-nynd-3_17-cv-00640/USCOURTS-nynd-3_17-cv-00640-3
https://www.govinfo.gov/content/pkg/USCOURTS-nynd-3_17-cv-00640/pdf/USCOURTS-nynd-3_17-cv-00640-3.pdf
USCOURTS 3:17-cv-00640; O'Neil v. Argon Medical Devices, Inc. et al;
United States District Court Northern District of New York
New York
USCOURTS-nynd-3_17-cv-00640-3
3
2021-04-26
waive any affirmative defenses, including but not limited to statute of limitations and statute of repose. Signed by Judge David N. Hurd on 4/26/2021. (jmb)STIPULATION & ORDER DISMISSING CASE: IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed without prejudice against Defendants ARGON MEDICAL DEVICES, INC. and REX MEDICAL L.P. ("Defendants") pursuant to the Federal Rules of Civil Procedure 4l(a)(l)(A)(ii), with each party to bear their own costs and fees, including all attorney fees. In entering into this Stipulation, Defendants do not