Kip Theno v. Abbott Laboratories et al
| Kip Theno |
| Abbott Laboratories, St. Jude Medical, LLC, Keith Boettiger, Frank Fernandez, Jessica Cline, St. Jude Medical S.C., Inc. and Does 1 through 50, inclusive |
| 2:2021cv00585 |
| January 21, 2021 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| Dolly M Gee |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 16, 2021. A more recent docket listing may be available from PACER.
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| Filing 31 Receipt of Copy of Remand Transmittal Letter from Los Angeles Superior Court, Case No. 20 STCV08597, acknowledged on 3/3/2021. (gk) |
| Filing 30 TRANSMITTAL of documents to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. (gk) |
Filing 29
MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFF'S MOTION TO REMAND AND DEFENDANTS' MOTIONS TO DISMISS by Judge Dolly M. Gee: Plaintiff's Motion to Remand #19 is GRANTED. Plaintiff's request for $11,656.50 in fees is also GRANTED. This case is REMANDED to the Los Angeles Superior Court, Case No. 20STCV08597. Fernandez, Boettiger, and Cline's Motions to Dismiss #16 , #17 are DENIED as moot. The 3/5/2021 hearing is VACATED. ( MD JS-6. Case Terminated. ) Court Reporter: Not Reported. (gk)
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| Filing 28 REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss Defendant Jessica Cline #16 filed by Defendant Jessica Cline. (Attachments: #1 Defendant Jessica Cline's Objections to Plaintiff's Evidence in Opposition to Cline's Motion to Dismiss)(Trankiem, Julia) |
| Filing 27 REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #17 filed by Defendants Keith Boettiger, Frank Fernandez. (Attachments: #1 Defendant Keith Boettiger and Frank Fernandez's Objections to Plaintiff's Evidence in Opposition to Defendants' Motion to Dismiss)(Trankiem, Julia) |
| Filing 26 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7, filed by Defendants Abbott Laboratories, Keith Boettiger, Jessica Cline, Frank Fernandez, St. Jude Medical S.C., Inc., St. Jude Medical, LLC.. (Trankiem, Julia) |
| Filing 25 REPLY support to Remand Case to #19 filed by Plaintiff Kip Theno. (Attachments: #1 Declaration Declaration of Patricia Mitchell in Support of Plaintiff's Reply to Defendant's Opposition to the Motion to Remand)(Mitchell, Patricia) |
| Filing 23 OBJECTIONS to Memorandum in Support of Motion, #19 Opposition to Plaintiff's Motion to Remand filed by Defendants Abbott Laboratories, Keith Boettiger, Jessica Cline, St. Jude Medical S.C., Inc., St. Jude Medical, LLC. (Attachments: #1 Declaration of Julia Trankiem ISO Opposition to Motion to Remand, #2 Exhibit A to Declaration of Julia Trankiem ISO Opposition to Motion to Remand, #3 Exhibit B to Declaration of Julia Trankiem ISO Opposition to Motion to Remand, #4 Exhibit C to Declaration of Julia Trankiem ISO Opposition to Motion to Remand, #5 Declaration of Jessica Cline ISO Opposition to Motion to Remand)(Trankiem, Julia) |
| Filing 24 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Plaintiff's Motion to Remand and Request filed 2/1/2021 #19 . The document is accepted as filed. (gk) |
| Filing 22 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #17 filed by Plaintiff Kip Theno. (Attachments: #1 Declaration Declaration of Patricia Mitchell in Support of Plaintiff's Opposition to MTD, #2 Declaration Declaration of Kip Theno in Support of Plaintiff's Opposition to MTD, #3 Proposed Order Proposed Order Denying MTD)(Mitchell, Patricia) |
| Filing 21 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Defendant Jessica Cline #16 filed by Plaintiff Kip Theno. (Attachments: #1 Exhibit Compendium of Evidence Part One Exhibits 1 through D, #2 Exhibit Compendium of Evidence Part Two Exhibits E through G, #3 Proposed Order Proposed Order Denying Defendant Cline's MTD)(Mitchell, Patricia) |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum in Support of Motion, #19 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests > Remand Case to State Court. The filer used the event, Responses/Replies/Other Motion Related Documents > Memorandum in Support, for docketing this filing. Only a motion-type event will prompt the filer to place a motion on calendar, thus the noticed 3/5/2021 at 9:30 AM hearing date has not been set. 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. (gk) |
| Filing 19 MEMORANDUM in Support Plaintiff Kip Theno's Motion to Remand to State Court filed by Plaintiff Kip Theno. (Attachments: #1 Appendix Compendium of Evidence in Support of Plaintiff's Motion to Remand, #2 Proposed Order Proposed Order Granting Plaintiff's Motion to Remand)(Mitchell, Patricia) Modified on 2/12/2021 (gk). |
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Filing 18
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court sua sponte advances the scheduling conference #15 from March 12, 2021 to March 5, 2021 at 9:30 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Keith Boettiger, Frank Fernandez. Motion set for hearing on 3/5/2021 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Frank Fernandez in Support of Motion to Dismiss, #2 Declaration of Keith Boettiger in Support of Motion to Dismiss, #3 Declaration of Julia Y. Trankiem in Support of Motion to Dismiss, #4 Proposed Order Granting Defendant Frank Fernandez and Keith Boettiger's Motion to Dismiss) (Attorney Julia Yenha Trankiem added to party Keith Boettiger(pty:dft), Attorney Julia Yenha Trankiem added to party Frank Fernandez(pty:dft)) (Trankiem, Julia) |
| Filing 16 NOTICE OF MOTION AND MOTION to Dismiss Defendant Jessica Cline filed by Defendant Jessica Cline. Motion set for hearing on 3/5/2021 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Jessica Cline's in Support of Motion to Dismiss, #2 Declaration of Julia Y. Trankiem in Support of Motion to Dismiss, #3 Proposed Order Granting Defendant Jessica Cline's Motion to Dismiss) (Attorney Julia Yenha Trankiem added to party Jessica Cline(pty:dft)) (Trankiem, Julia) |
| Filing 15 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 2/26/2021. Scheduling Conference set for 3/12/2021 at 9:30 a.m. (See order for details.) (kti) |
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Filing 14
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 13 MINUTES OF IN CHAMBERS - REASSIGNMENT OF CASE TO JUDGE GEE by Judge Dolly M. Gee: Please take notice that this action has been reassigned to the HONORABLE DOLLY M. GEE, United States District Judge, pursuant to the Order re Reassign Pursuant to General Order 19-03 filed on 1/26/2021. The case number will now read CV 21-585-DMG (PVCx). Additional information about Judge Gee's procedures and schedules is available on the court's website at www.cacd.uscourts.gov. Further, the scheduling conference set before Judge Klausner is hereby VACATED. See document for further details. Court Reporter: Not Reported. (gk) |
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Filing 12
ORDER TO REASSIGN CASE Pursuant General Order 19-03 (identical case) by Judge Josephine L. Staton, Case Management and Assignment Committee Chair. Case transferred to the calendar of Judge Dolly M. Gee for all further proceedings. All discovery matters are transferred to Magistrate Judge Pedro V. Castillo. Case number now reads as 2:21-cv-00585 DMG(PVCx). (rn)
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| Filing 11 NOTICE of Interested Parties filed by Plaintiff Kip Theno, (Mitchell, Patricia) |
| Filing 10 CERTIFICATE of Interested Parties filed by Plaintiff Kip Theno, (Mitchell, Patricia) |
| Filing 9 NOTICE of Related Cases filed by Plaintiff Kip Theno. (Attachments: #1 Signed Application REQUEST FOR REASSIGNMENT AND TRANSFER TO THE HONORABLE JUDGE DOLLY M. GEE)(Mitchell, Patricia) |
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Filing 8
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 5/3/2021. Scheduling Conference set for 5/10/2021 at 9:00 am. (sw)
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Filing 7
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Karen L. Stevenson. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Kip Theno in Los Angeles Superior Court on 2/28/2020, attached as Exhibit A. (jtil) |
| CONFORMED COPY OF ANSWER to Complaint filed by Defendant Abbott Laboratories, St. Jude Medical S.C., Inc., St. Jude Medical, LLC. in Los Angeles Superior Court on 5/28/2020, attached as Exhibit A6.(jtil) |
| Filing 4 CIVIL COVER SHEET filed by Defendants Abbott Laboratories, St. Jude Medical S.C., Inc., St. Jude Medical, LLC. (Trankiem, Julia) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendants Abbott Laboratories, St. Jude Medical S.C., Inc., St. Jude Medical, LLC, identifying Abbott Laboratories, St. Jude Medical, LLC., St. Jude Medical S.C., Inc., Kip Theno, Frank Fernandez, Keith Boettiger and Jessica Cline. (Trankiem, Julia) |
| Filing 2 NOTICE of Related Case(s) filed by Defendants Abbott Laboratories, St. Jude Medical S.C., Inc., St. Jude Medical, LLC. (Trankiem, Julia) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV08597 Receipt No: ACACDC-30172204 - Fee: $402, filed by Defendants St. Jude Medical, LLC, St. Jude Medical S.C., Inc., Abbott Laboratories. (Attachments: #1 Defendants' Compendium of Evidence in Support of Notice of Removal, #2 Exhibit A to Defendants' Compendium of Evidence in Support of Removal, #3 Exhibit B to Defendants' Compendium of Evidence in Support of Removal, #4 Exhibit C-34 - C-52 to Defendants' Compendium of Evidence in Support of Removal, #5 Exhibit C-53 - C-77 to Defendants' Compendium of Evidence in Support of Removal, #6 Exhibit D to Defendants' Compendium of Evidence in Support of Removal, #7 Certificate of Service) (Attorney Julia Yenha Trankiem added to party Abbott Laboratories(pty:dft), Attorney Julia Yenha Trankiem added to party St. Jude Medical S.C., Inc.(pty:dft), Attorney Julia Yenha Trankiem added to party St. Jude Medical, LLC(pty:dft))(Trankiem, Julia) |
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