Gregory Clayborn v. Retina Macula Institute, et al
| Gregory Clayborn |
| Does 2 through 20, inclusive, Ron P. Gallemore, Retina Macula Institute, Becton Dickinson and Company, Does 21 through 50 inclusive, Genentech Inc, Does 3 through 20, inclusive and Doe |
| 2:2019cv07958 |
| September 13, 2019 |
| US District Court for the Central District of California |
| Paul L Abrams |
| George H Wu |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal - Product Liability |
| Defendant |
Docket Report
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Filing 60
**AMENDED** ORDER TO DISMISS WITH PREJUDICE by Judge George H. Wu, re Order Dismissing Case, #59 . Based upon the stipulation between the parties and their respective counsel, it is hereby ORDERED that this action is dismissed with prejudice in its entirety. Each party will bear its own attorneys' fees and expenses. (mrgo)
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Filing 59
ORDER TO DISMISS WITHOUT PREJUDICE by Judge George H. Wu, re Notice of Voluntary Dismissal of an Action (Pursuant to FRCP 41a(1)) #57 . Based upon the stipulation between the parties and their respective counsel, it is hereby ORDERED that this action is dismissed without prejudice in its entirety. Each party will bear its own attorneys' fees and expenses. Case Terminated. Made JS-6. (mrgo)
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| Filing 58 NOTICE OF ERRATA filed by Plaintiff Gregory Clayborn. correcting Notice of Voluntary Dismissal of an Action (Pursuant to FRCP 41a(1)) #57 (Salazar, Theida) |
| Filing 57 NOTICE of Voluntary Dismissal filed by Plaintiff Gregory Clayborn. Dismissal is without. (Salazar, Theida) |
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Filing 56
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE RE SETTLEMENT by Judge George H. Wu re: Notice of Settlement #55 . (Dismissal papers due by 11/10/2020. Show Cause Hearing set for 11/12/2020 at 08:30 AM before Judge George H. Wu.) (mrgo)
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| Filing 55 NOTICE of Settlement JOINT NOTICE OF SETTLEMENT AND REQUEST TO TAKE SEPTEMBER 14, 2020 STATUS CONFERENCE OFF CALENDAR filed by Defendant Becton Dickinson and Company. (Yeung, Anna) |
| Filing 54 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court, on its own motion, the POST-MEDIATION STATUS CONFERENCE previously scheduled for 09/11/2020 is CONTINUED to 9/14/2020 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 53 ANSWER to Amended Complaint/Petition #47 DEFENDANT BECTON, DICKINSON AND COMPANY'S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S COMPLAINT filed by DEFENDANT Becton Dickinson and Company.(Yeung, Anna) |
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Filing 52
MINUTE ORDER (IN CHAMBERS) - RULING ON MOTION TO DISMISS THE FOURTH AMENDED COMPLAINT OR, ALTERNATIVELY TO STRIKE THE REFERENCE TO THE MAGNUSON-MOSS WARRANTY ACT by Judge George H. Wu re: #48 MOTION to Dismiss. Based on the foregoing discussion, the Court GRANTS the motion to strike the reference to the MMWA. Because the complaint continues to state a breach of express warranty claim, the Court DENIES the motion to dismiss the complaint. (See document for details) (mrgo)
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Filing 51
ORDER GRANTING JOINT STIPULATION TO MODIFY DECEMBER 9, 2019 SCHEDULING ORDER by Judge George H. Wu. It is hereby ORDERED that the dates set forth in the scheduling order in this case are modified as follows: Mediation cutoff is 9/10/2020. Post-Mediation Status Conference set for 9/11/2020, at 8:30 a.m. Discovery cut-off is 10/2/2020. Motion Hearing Cutoff is 12/1/2020. Pretrial Conference set for 2/11/2021, at 8:30 a.m. Jury Trial set for 2/23/2021, at 9:00 a.m. (mrgo)
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| Filing 50 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Fourth Amended Complaint or, in the Alternative, Motion to Strike Plaintiffs Reference to the Magnuson-Moss Warrant Act #48 filed by Defendant Becton Dickinson and Company. (Yeung, Anna) |
| Filing 49 Opposition to Motion Dismiss re: NOTICE OF MOTION AND MOTION to Dismiss Fourth Amended Complaint or, in the Alternative, Motion to Strike Plaintiffs Reference to the Magnuson-Moss Warrant Act #48 filed by Plaintiff Gregory Clayborn. (Salazar, Theida) |
| Filing 48 NOTICE OF MOTION AND MOTION to Dismiss Fourth Amended Complaint or, in the Alternative, Motion to Strike Plaintiffs Reference to the Magnuson-Moss Warrant Act filed by Defendant Becton Dickinson and Company. Motion set for hearing on 7/30/2020 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order) (Yeung, Anna) |
| Filing 47 Fourth AMENDED COMPLAINT against Defendants Becton Dickinson and Company, Does(21 through 50 inclusive) amending Amended Complaint/Petition, #27 , filed by plaintiff Gregory Clayborn(Salazar, Theida) |
| Filing 46 MINUTES IN CHAMBERS - RULING ON PLAINTIFF'S MOTION FOR LEAVE TOAMEND COMPLAINT #42 by Judge George H. Wu. Based on the foregoing discussion, the Court DENIES Plaintiff's motion for leave to file a fourth amended complaint in order to name Genentech as a defendant.As provided in the 4/6/20 Order, now that the Court has ruled on his motion for leave, Plaintiff is ordered to file his fourth amended complaint (but without the inclusion of any new defendant) by June 12, 2020. (lom) |
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Filing 45
ORDER GRANTING JOINT STIPULATION TO MODIFY DECEMBER 9, 2019 SCHEDULING ORDER by Judge George H. Wu, re Stipulation to Reschedule, #44 . It is hereby ORDERED that the dates set forth in the scheduling order in this case are modified as follows: (Discovery cut-off 10/2/2020. Motion hearing cutoff 12/1/2020. Last date to conduct Mediation is 9/9/2020. Jury Trial reset for 2/23/2021 at 09:00 AM before Judge George H. Wu. Pretrial Conference reset for 2/11/2021 at 08:30 AM before Judge George H. Wu. Post-Mediation Status Conference reset for 9/10/2020 at 08:30 AM before Judge George H. Wu.) There will be no further extensions granted. (mrgo)
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| Filing 44 Joint STIPULATION to Reschedule DECEMBER 9, 2019 SCHEDULING ORDER filed by Defendant Becton Dickinson and Company. (Attachments: #1 Declaration DECLARATION OF ANNA YEUNG IN SUPPORT OF JOINT STIPULATION TO MODIFY DECEMBER 9, 2019 SCHEDULING ORDER, #2 Proposed Order [PROPOSED] ORDER GRANTING JOINT STIPULATION TO MODIFY DECEMBER 9, 2019 SCHEDULING ORDER)(Yeung, Anna) |
| Filing 43 TEXT-ONLY ENTRY (IN CHAMBERS): by Judge George H. Wu: Counsel for Plaintiff failed to comply with Local Rule 6. For that reason, the Court RESETS the hearing on PLAINTIFFS MOTION FOR LEAVE TO AMEND COMPLAINT #42 previously scheduled for 04/30/2020 to 5/21/2020 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 42 Second NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint Against All Defendants filed by Plaintiff Gregory Clayborn. Motion set for hearing on 4/30/2020 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order) (Salazar, Theida) |
| Filing 41 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: First NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint #39 by Clerk of Court. Docket No. 39 is stricken for the reasons stated in the Notice #40 filed on April 20, 2020. (mrgo) |
| Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint #39 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): A proposed order shall be submitted as a separate attachment to the Motion or to a Notice of Lodging. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (mrgo) |
| Filing 39 [DOCUMENT STRICKEN PER DOC. NO. 41] First NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint filed by Plaintiff Gregory Clayborn. (Salazar, Theida) Modified on 4/21/2020 (mrgo). |
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Filing 38
MINUTE ORDER (IN CHAMBERS) - RULING ON DEFENDANT BECTON DICKINSON AND COMPANY'S MOTION TO DISMISS THIRD AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) #28 by Judge George H. Wu. Attached hereto is the Court's Ruling. The Court finds that the present motion can be decided without the necessity of oral argument. See C.D. Cal. L.R. 7-15. Therefore, the Court takes the April 9, 2020 hearing date off-calendar. The Court: (1) denies Defendant's motion to dismiss Plaintiffs fifth cause of action (breach of express warranty) and (2) grants its motion as to the rest of the causes of action. Plaintiff will be given only one more opportunity to amend his complaint to overcome the deficiencies in his pleadings as pointed out. That amendment will be filed after the Court resolves Plaintiff's motion to amend his complaint. (mrgo)
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| Filing 37 OPPOSITION to First NOTICE OF MOTION AND MOTION to Amend Complaint FOR DAMAGES #32 DEFENDANT BECTON, DICKINSON AND COMPANY'S OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE A FOURTH AMENDED COMPLAINT filed by Defendant Becton Dickinson and Company. (Yeung, Anna) |
| Filing 36 RESPONSE filed by Defendant Becton Dickinson and Companyto Response in Opposition to Motion #31 DEFENDANT BECTON DICKINSON AND COMPANY'S RESPONSE TO PLAINTIFF'S LATE-FILED OPPOSITION TO MOTION TO DISMISS THIRD AMENDED COMPLAINT (Yeung, Anna) |
| Filing 35 TEXT-ONLY ENTRY (IN CHAMBERS): by Judge George H. Wu: Plaintiff failed to comply with Local Rule 6. For that reason, PLAINTIFF' MOTION FOR LEAVE TO FILE 4TH AMENDED COMPLAINT #32 previously scheduled for 04/09/2020 is RESET to 4/23/2020 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 34 NOTICE OF ERRATA filed by Plaintiff Gregory Clayborn. correcting Notice (Other) #33 of Naming DOE Defendant 2 (Salazar, Theida) |
| Filing 33 NOTICE of Naming Doe Defendant filed by Plaintiff Gregory Clayborn. (Salazar, Theida) |
| Filing 32 First NOTICE OF MOTION AND MOTION to Amend Complaint FOR DAMAGES filed by Plaintiff Gregory Clayborn. Motion set for hearing on 4/9/2020 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order) (Salazar, Theida) |
| Filing 31 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Third Amended Complaint #28 filed by Plaintiff Gregory Clayborn. (Salazar, Theida) |
| Filing 30 TEXT-ONLY ENTRY (IN CHAMBERS): by Judge George H. Wu: The Court, on its own motion, CONTINUES DEFENDANT BECTON DICKINSON AND COMPANYS MOTION TO DISMISS THIRD AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) #28 previously scheduled for 03/19/2020 to 4/9/2020 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 29 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Third Amended Complaint #28 DEFENDANT BECTON DICKINSON AND COMPANY'S REPLY IN SUPPORT OF MOTION TO DISMISS THIRD AMENDED COMPLAINT PURSUANT TO FED.R.CIV.P. 12(b)(6) filed by Defendant Becton Dickinson and Company. (Yeung, Anna) |
| Filing 28 NOTICE OF MOTION AND MOTION to Dismiss Third Amended Complaint filed by DEFENDANT Becton Dickinson and Company. Motion set for hearing on 3/19/2020 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order) (Yeung, Anna) |
| Filing 27 THIRD AMENDED COMPLAINT against Defendants Becton Dickinson and Company, Does(21 through 50 inclusive), Does (2 through 20, inclusive) amending Amended Complaint, Amended Complaint/Petition #21 , filed by Plaintiff Gregory Clayborn(Salazar, Theida) |
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Filing 26
JOINT STIPULATION AND ORDER TO ALLOW PLAINTIFF TO FILE THIRD AMENDED COMPLAINT ON FOR BEFORE JANUARY 18, 2020 Defendants are not required to file a responsive pleading to the First Amended Complaint #25 by Judge George H. Wu. (lc)
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| Filing 25 First STIPULATION for Leave to File Third Amended Complaint filed by Plaintiff Gregory Clayborn. (Attachments: #1 Proposed Order)(Salazar, Theida) |
| Filing 24 MINUTES OF SCHEDULING CONFERENCE held before Judge George H. Wu: Court and counsel confer. The Court sets the following: Mediation Cutoff: May 13, 2020; Post-Mediation Status Conference: May 14, 2020 at 8:30 a.m.; Discovery Cutoff: June 5, 2020; Expert Discovery Cutoff: July 2, 2020; Motion Hearing Cutoff: August 3, 2020; Pretrial Conference: September 3, 2020 at 8:30 a.m.; Jury Trial September 15, 2020 at 9:00 a.m. No further amendments allowed; compliance with FRCP 16 is required. The stipulation #22 filed on December 6, 2019 is MOOT. The parties are referred to ADR Procedure No. 3: Private Mediation. Court Reporter: Terri A Hourigan. (bm) |
| Filing 23 TEXT-ONLY ENTRY (IN CHAMBERS) - by Judge George H. Wu: The Court has received the STIPULATION to Continue Scheduling Conference #22 . The stipulation is DENIED. Counsel may appear telephonically by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 22 Joint STIPULATION to Continue Scheduling Conference from December 9, 2019 to TBD filed by DEFENDANT Becton Dickinson and Company. (Attachments: #1 Proposed Order)(Yeung, Anna) |
| Filing 21 SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint, Complaint - (Discovery), JURY DEMAND, filed by Plaintiff Gregory Clayborn(Salazar, Theida) |
| Filing 20 MINUTES OF DEFENDANT BECTON DICKINSON AND COMPANY'S MOTION TO DISMISS FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) #10 Hearing held before Judge George H. Wu. The Court's Tentative Ruling is circulated and attached hereto. Court hears oral argument. Based on the Tentative, and for reasons stated on the record, Defendant's Motion is GRANTED WITH LEAVE TO AMEND. Amended Pleadings due by 12/4/2019. Scheduling Conference continued to 12/9/2019 at 08:30 AM before Judge George H. Wu. Court Reporter: Terri A. Hourigan. (mrgo) Modified on 6/17/2020 (mrgo). |
| Filing 19 JOINT REPORT Rule 26(f) Discovery Plan Submitted by Defendant Becton Dickinson and Company and Plaintiff Gregory Clayborn ; estimated length of trial 20 court days, filed by Defendant Becton Dickinson and Company.. (Yeung, Anna) |
| Filing 18 TEXT-ONLY ENTRY (IN CHAMBERS): by Judge George H. Wu: The Court, on its own motion, CONTINUES DEFENDANT BECTON DICKINSON AND COMPANYS MOTION TO DISMISS FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) #10 previously scheduled for 10/31/2019 to 11/4/2019 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 17 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) ; Memorandum of Points and Authorities in Support #7 DEFENDANT BECTON DICKINSON AND COMPANY'S REPLY IN SUPPORT OF MOTION TO DISMISS PLAINITFF'S FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) filed by Defendant Becton Dickinson and Company. (Yeung, Anna) |
| Filing 16 to Defendants Motion to Dismiss First Amended Complaint Opposition re: NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) ; Memorandum of Points and Authorities in Support #7 , NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) ; Memorandum of Points and Authorities in Support #10 filed by Plaintiff Gregory Clayborn. (Salazar, Theida) |
| Filing 15 TEXT-ONLY ENTRY (IN CHAMBERS): by Judge George H. Wu: The Court, on its own motion, CONTINUES DEFENDANT BECTON DICKINSON AND COMPANYS MOTION TO DISMISS FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) #10 previously scheduled for 10/24/2019 to 10/31/2019 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
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Filing 14
MINUTE ORDER IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. (Rule 26 Meeting Report due by 10/31/2019. Scheduling Conference set for 11/14/2019 at 08:30 AM before Judge George H. Wu.) (mrgo)
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| Filing 13 Standing Order Re Final Pre-Trial Conferences for Civil Jury Trials Before Judge George H. Wu (bm) |
| Filing 12 Notice of Withdrawal of Errata, #11 , Motion to Dismiss (cause or other), #7 filed by Defendant Becton Dickinson and Company. (Yeung, Anna) |
| Filing 11 NOTICE OF ERRATA filed by Defendant Becton Dickinson and Company. correcting NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) ; Memorandum of Points and Authorities in Support #7 (Yeung, Anna) |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) ; Memorandum of Points and Authorities in Support filed by Defendant Becton Dickinson and Company. Motion set for hearing on 10/24/2019 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order) (Yeung, Anna) |
| Filing 9 PROOF OF SERVICE filed by Defendant Becton Dickinson and Company, re Notice of Assignment to United States Judges(CV-18) - optional html form #4 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #5 served on September 13, 2019 via CM-ECF and September 20, 2019 via US Mail. (Grotzinger, Jordan) |
| Filing 8 PROOF OF SERVICE filed by Defendant Becton Dickinson and Company, re Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties #3 served on September 13, 2019. (Grotzinger, Jordan) |
| Filing 7 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) ; Memorandum of Points and Authorities in Support filed by Defendant Becton Dickinson and Company. Motion set for hearing on 10/24/2019 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order) (Yeung, Anna) |
| Filing 6 DEMAND for Jury Trial filed by Defendant Becton Dickinson and Company.. (Yeung, Anna) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Paul L. Abrams. (esa) |
| Filing 3 Certification and NOTICE of Interested Parties filed by Defendant Becton Dickinson and Company, (Grotzinger, Jordan) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Becton Dickinson and Company. (Grotzinger, Jordan) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC651175 with filing fee previously paid (400.00 paid on 09/13/2019, receipt number 0973-24435075), filed by Defendant Becton Dickinson and Company. (Attachments: #1 Exhibit A: First Amended Complaint, #2 Exhibit B: Complaint and Remainder of State Court File) (Attorney Jordan D Grotzinger added to party Becton Dickinson and Company(pty:dft))(Grotzinger, Jordan) |
| CONFORMED COPY OF COMPLAINT against defendants Does(21 through 50 inclusive), Does (1 through 20, inclusive), Ron P. Gallemore, Retina Macula Institute, Jury Demand, filed by plaintiff Gregory Clayborn. (filed in state court 2/21/17, submitted as document 1, attachment 2, p. 2) (esa) Modified on 9/13/2019 (esa). |
| AMENDMENT NAMING DOE DEFENDANT, Becton Dickinson and Company, filed by Plaintiff Gregory Clayborn. (filed in state court 7/15/19, submitted as document 1, attachment 2, p. 37) |
| CONFORMED COPY OF FIRST AMENDED COMPLAINT, Jury Demand, filed by plaintiff Gregory Clayborn. (filed in state court 8/1/19, submitted as document 1, attachment 2, p. 53) (esa) |
| COPY OF SERVICE OF PROCESS TRANSMITTAL executed by Plaintiff Gregory Clayborn, upon Defendant Becton Dickinson and Company served on 8/14/2019. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Process of Service by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (non-conformed, submitted as document 1, attachment 2, p. 47) (esa) |
| CONFORMED COPY OF ANSWER to Complaint with JURY DEMAND filed by defendants Ron P. Gallemore, Retina Macula Institute. (filed in state court 3/13/17, submitted as document 1, attachment 2, p. 19)(esa) |
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