Jinna E. Miller v. Abbott Laboratories et al
| Julian D. Fisher and Jinna E. Miller |
| Abbott Laboratories and AbbVie, Inc. |
| 2:2022cv05133 |
| July 25, 2022 |
| US District Court for the Central District of California |
| Stanley Blumenfeld |
| Alka Sagar |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 Notice of Removal - Product Liability |
| None |
Docket Report
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This docket was last retrieved on April 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint pursuant to 8:1451(b) Returned Executed 60 days, #20 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Service of Summons and Complaint Returned Executed (21 days). The filer used the event, Service of Summons and Complaint pursuant to 8:1451(b) Returned Executed 60 days, for docketing this filing. 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 23 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS (Dkt. No. #22 ) RE: The documents at Dkt. No. #18 , #19 are accepted as filed. (jgr) |
| Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint pursuant to 8:1451(b) Returned Executed 60 days, #18 , Service of Summons and Complaint pursuant to 8:1451(b) Returned Executed 60 days, #19 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Service of Summons and Complaint Returned Executed (21 days). The filer used the event, Service of Summons and Complaint pursuant to 8:1451(b) Returned Executed 60 days, for docketing this filing. 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 21
ORDER STAYING CASE AND SETTING STATUS CONFERENCE by Judge Stanley Blumenfeld, Jr.: The Court has considered Plaintiff Jinna Miller's Response #14 to the Court's Order to Show Cause re: Dismissal #11 . As the Court explained in its order to show cause, both the Local Rules and case law prohibit a nonlawyer from representing other parties, even as guardians or conservators. With Defendants' agreement, the Court STAYS the case until 10/7/2022 to allow Plaintiff a further opportunity to seek representation of counsel. Plaintiff shall notify the Court promptly if she is successful. The Court SETS an in-person Status Conference for 10/7/2022 08:30 AM before Judge Stanley Blumenfeld Jr. (gk)
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| Filing 20 PROOF OF SERVICE Executed by Plaintiff Jinna E. Miller, upon Defendant Service of the Summons and Complaint were executed upon Laura J. Schumacher Chief Legal Officer in compliance with Federal Rules of Civil Procedure by method of service not specified. Original Summons NOT returned. (Miller, Jinna) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Jinna E. Miller, upon Defendant AbbVie, Inc. served on 7/22/2022, answer due 8/29/2022. Service of the Summons and Complaint were executed upon Laura J. Schumacher Chief Legal Officer in compliance with Federal Rules of Civil Procedure by method of service not specified. Original Summons NOT returned. (Miller, Jinna) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Jinna E. Miller, upon Defendant Abbott Laboratories served on 7/22/2022, answer due 8/29/2022. Service of the Summons and Complaint were executed upon Hubert Lionel Alan GC in compliance with Federal Rules of Civil Procedure by method of service not specified. Original Summons NOT returned. (Miller, Jinna) |
| Filing 17 RESPONSE filed by Defendants AbbVie, Inc., Abbott Laboratoriesto Response #14 (Attachments: #1 Proposed Order)(Beamer, Shannon) |
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Filing 16
ORDER FOR RESPONSE BY DEFENDANTS by Judge Stanley Blumenfeld, Jr.: The Court ordered Plaintiff to show cause why her claims should not be dismissed without prejudice because a nonlawyer may not pursue claims pro se on behalf of others in a representational capacity #11 . Plaintiff timely filed her response, in which she claims among other things that courts have allowed pro se representation in similar circumstances and that Rule 17(c) imposes on the Court a responsibility to protect Fisher's interests by appointing counsel #14 . No later than 8/22/2022, Defendants Abbot Laboratories and AbbVie, Inc. shall file a response addressing Plaintiff's arguments and identifying any relevant legal authorities addressing (1) whether the Court may allow Plaintiff to proceed pro se and (2) whether the Court may or should appoint counsel. Plaintiff's application for permission for electronic filing #13 is GRANTED. The Court defers ruling on Plaintiffs request to proceed in forma pauperis #15 , until after it determines whether Plaintiff may proceed pro se. Plaintiff should focus on her efforts to obtain representation of counsel, which she represents are continuing, and should notify the Court promptly if she is successful. [The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk.] (gk)
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| Filing 15 REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by Plaintiff Jinna E. Miller. (lom) |
| Filing 14 PLAINTIFF'S RESPONSE TO ABBVIE, INC., ORDER TO SHOW CAUSE #11 filed by Plaintiff Jinna E. Miller. (lom) |
| Filing 13 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Plaintiff Jinna E. Miller. (lom) |
| Filing 12 Notice of Compliance with 28 U.S.C. 1446(d) filed by Defendants AbbVie, Inc., Abbott Laboratories. (Beamer, Shannon) |
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Filing 11
(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Stanley Blumenfeld, Jr.: Plaintiff is ordered to show cause in writing no later than August 12, 2022, why this case should not be dismissed without prejudice. If Plaintiff fails to respond to this order by August 12, the Court will deem her to have consented to the dismissal of this case without prejudice. SEE ORDER FOR FURTHER DETAILS. (jgr)
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| Filing 10 NOTICE TO SELF-REPRESENTED (PRO SE)LITIGANT by Judge Stanley Blumenfeld, Jr.: Although Plaintiff is proceeding pro se, i.e., without legal representation, you are nonetheless required to comply with Court orders, the Local Rules, and the Federal Rules of Civil Procedure. See C.D. Cal. L.R. 83-2.2.3. The Local Rules are available on this Courts website. There is a free "Pro Se Clinic" that can provide information and guidance about many aspects of civil litigation in this Court. The Clinic is located at the Roybal Federal Building and Courthouse, 255 East Temple Street, Los Angeles, CA 90012. Pro se litigants must call or submit an on-line application to request services as follows: on-line applications can be submitted at http://prose.cacd.uscourts.gov/los-angeles, or call (213) 385-2977, ext. 270. Pro se litigants may submit documents for filing through the Court's Electronic Document Submission System (EDSS) instead of mailing or bringing documents to the Clerk's Office. Only internet access and an e-mail address are required. To access EDSS and for additional information, visit the Court's website at https://apps.cacd.uscourts.gov/edss. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY |
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Filing 9
CIVIL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (jgr)
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Filing 8
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 21-01 by Judge Christina A. Snyder. Case transferred from Judge Christina A. Snyder to the calendar of Judge Stanley Blumenfeld, Jr for all further proceedings. Case number now reads as 2:22-cv-05133-SB (ASx). (et)
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| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: Other error(s) with document(s): Attachments 2 Civil Cover Sheet is attached to the Notice of Removal. Each of these documents should have been filed and entered separately under its correct event/relief. You need not take any action in response to this notice unless and until the Court directs you to do so. (ghap) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Alka Sagar. (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants AbbVie, Inc., Abbott Laboratories., filed by plaintiff Jinna E. Miller. (FILED IN STATE COURT ON 6/10/2022 SUBMITTED ATTACHED EXHIBIT 1) (ghap) |
| Filing 3 NOTICE of Interested Parties filed by Defendants AbbVie, Inc., Abbott Laboratories, (Beamer, Shannon) |
| Filing 2 REQUEST FOR JUDICIAL NOTICE filed by Defendants AbbVie, Inc., Abbott Laboratories. (Beamer, Shannon) |
| Filing 1 NOTICE OF REMOVAL from Ventura County Superior Court, case number 56-2022-00566836 Receipt No: ACACDC-33691322 - Fee: $402, filed by Defendants AbbVie, Inc., Abbott Laboratories. (Attachments: #1 Declaration of Shannon E. Beamer, #2 Civil Cover Sheet) (Attorney Shannon Elizabeth Beamer added to party AbbVie, Inc.(pty:dft), Attorney Shannon Elizabeth Beamer added to party Abbott Laboratories(pty:dft))(Beamer, Shannon) |
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