Ronnee Charlene Rathkey v. Zimmer, Inc.
| Ronnee Charlene Rathkey |
| Zimmer, Inc. a California corporation doing business as Zimmer Biomet Corporate Services and DOES 1 to 100 |
| 8:2021cv01622 |
| September 30, 2021 |
| US District Court for the Central District of California |
| Douglas F McCormick |
| James V Selna |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1446 pl Notice of Removal - Product Liability |
| Defendant |
Docket Report
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Filing 41
ORDER GRANTING DIDSMISSAL by Judge James V. Selna, re Stipulation to Dismiss Case #40 . IT IS HEREBY ORDERED that the above-entitled action be and the same is hereby dismissed in its entirety on its merits, with prejudice and without costs to any party. Case Terminated. Made JS-6. (es)
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| Filing 40 STIPULATION to Dismiss Case pursuant to Stipulation/Agreement by Parties filed by Defendant Zimmer, Inc.. (Attachments: #1 Proposed Order Proposed Order)(Nolan, Patrick) |
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Filing 39
MINUTES [IN CHAMBERS] Order Regarding Motion for Leave to Amend by Judge James V. Selna: For the following reasons, the Court DENIES Rathkey's motion for leave to file an amended complaint without prejudice. Rathkey may file another motion seeking leave to amend her complaint within forty-five days of entry of this order. Denying #36 MOTION for Leave to Amend. [See document for further details.] (es)
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| Filing 38 REPLY Third NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint #36 filed by Plaintiff Ronnee Charlene Rathkey. (Mashney, Stephen) |
| Filing 37 Defendant Zimmer, Inc.'s Opposition to Plaintiff's Motion for Leave to Amend Complaint re: Third NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint #36 filed by Defendant Zimmer, Inc.. (Nolan, Patrick) |
| Filing 36 Third NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint filed by Plaintiff Ronnee Charlene Rathkey. Motion set for hearing on 11/7/2022 at 01:30 PM before Judge James V. Selna. (Mashney, Stephen) |
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Filing 35
MINUTES [IN CHAMBERS] Order Regarding Plaintiff's Second Motion for Leave to Amend Complaint #28 by Judge James V. Selna: For the following reasons, the Court DENIES the motion without prejudice for failure to comply with Local Rule 7-3. Denying #28 MOTION for Leave to File Amended Complaint. [See Order for details.] (es)
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| Filing 34 Notice of Appearance or Withdrawal of Counsel: for attorney Ankineh Zadoorian counsel for Defendant Zimmer, Inc.. Ankineh Zadoorian is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Zimmer, Inc.. (Zadoorian, Ankineh) |
| Filing 33 REPLY support Second NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint #28 filed by Plaintiff Ronnee Charlene Rathkey. (Mashney, Stephen) |
| Filing 32 Defendant Zimmer, Inc.'s Opposition to Plaintiff's Motion for Leave to Amend Complaint Opposition re: Second NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint #28 filed by Defendant Zimmer, Inc.. (Attachments: #1 Declaration of Patrick S. Nolan in Support of Defendant Zimmer, Inc.'s Opposition to Plaintiff's Motion for Leave to Amend Complaint)(Davis, Richard) |
| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Amy Robyn Levine counsel for Defendant Zimmer, Inc.. Amy Levine is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Zimmer, Inc.. (Levine, Amy) |
| Filing 30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Second NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint #28 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Pursuant to Local Rule 54.4.1 Proposed orders not lodged with a main document shall be electronically lodged as an attachment 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. (es) |
| Filing 29 Notice of Appearance or Withdrawal of Counsel: for attorney Richard Wayne Davis counsel for Defendant Zimmer, Inc.. Adding Richard Wayne Davis as counsel of record for Zimmer, Inc. for the reason indicated in the G-123 Notice. Filed by defendant Zimmer, Inc.. (Attorney Richard Wayne Davis added to party Zimmer, Inc.(pty:dft))(Davis, Richard) |
| Filing 28 Second NOTICE OF MOTION AND MOTION for Leave to file Amended Complaint filed by Plaintiff Ronnee Charlene Rathkey. Motion set for hearing on 8/22/2022 at 01:30 PM before Judge James V. Selna. (Mashney, Stephen) |
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Filing 27
MINUTES (IN CHAMBERS) Order Regarding Motion for Leave to File Amended Complaint by Judge James V. Selna: For the following reasons, the Court DENIES Rathkey's motion for leave to file an amended complaint without prejudice. Rathkey may file another motion seeking leave to amend her complaint within twenty-one days of entry of this order. Denying #24 MOTION to Amend/Correct Complaint. [See Order for details.] (es)
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| Filing 26 REPLY Support First NOTICE OF MOTION AND MOTION to Amend Complaint #24 filed by Plaintiff Ronnee Charlene Rathkey. (Mashney, Stephen) |
| Filing 25 OPPOSITION to First NOTICE OF MOTION AND MOTION to Amend Complaint #24 filed by Defendant Zimmer, Inc.. (Levine, Amy) |
| Filing 24 First NOTICE OF MOTION AND MOTION to Amend Complaint filed by Plaintiff Ronnee Charlene Rathkey. Motion set for hearing on 6/27/2022 at 01:30 PM before Judge James V. Selna. (Mashney, Stephen) |
| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum in Support of Motion #22 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Motion - Amend/Correct. Other error(s) with document(s): To find the correct efiling event, use the search feature and search for: Motions and Related Filings - Applications/Ex Parte Applications/Motions/Petitions/Requests - Amend/Correct. This allows the filer to set the motion on the Judge's calendar. See Judge's motion calendar for hearing date/time. 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. (lom) |
| Filing 22 MEMORANDUM in Support Motion for Leave to Amend Second Amended Complaint filed by Plaintiff Ronnee Charlene Rathkey. (Mashney, Stephen) |
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Filing 21
MINUTE ORDER [IN CHAMBERS] Order Striking First Amended Complaint by Judge James V. Selna: Accordingly, the Court STRIKES Rathkey's First Amended Complaint (Dkt. 19) and VACATES the JOP Motion hearing scheduled for May 23, 2022. Rathkey will have 14 days from the entry of this order to either (1) respond to Zimmer's JOP Motion or (2) file a motion seeking leave to amend the Complaint. re: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings and Memorandum of Points and Authorities #18 , Amended Complaint/Petition #19 . See order for details. (es)
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| Filing 20 REPLY in Support of NOTICE OF MOTION AND MOTION for Judgment on the Pleadings and Memorandum of Points and Authorities #18 filed by Defendant Zimmer, Inc.. (Attachments: #1 Exhibit 1)(Levine, Amy) |
| Filing 19 [DOCUMENT STRICKEN BY ORDER OF THE COURT SEE DKT. #21 ] FIRST AMENDED COMPLAINT against Defendant Ronnee Charlene Rathkey amending Complaint - (Discovery), filed by Plaintiff Ronnee Charlene Rathkey(Mashney, Stephen) Modified on 5/10/2022 (es). |
| Filing 18 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings and Memorandum of Points and Authorities filed by Defendant Zimmer, Inc.. Motion set for hearing on 5/23/2022 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Exhibit 1) (Levine, Amy) |
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Filing 17
PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick re Stipulation for Protective Order #16 . [See document for details.] (es)
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| Filing 16 STIPULATION for Protective Order filed by Defendant Zimmer, Inc..(Levine, Amy) |
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Filing 15
MINUTE ORDER [IN CHAMBERS] ORDER RE SCHEDULING DATES by Judge James V. Selna: The Court has read and considered the parties Rule 26(f) Report and sets the following dates: Jury Trial June 27, 2023 at 8:30 a.m. Final PreTrial Conference June 12, 2023 at 11:00 a.m. Discovery Cut-off March 13, 2023. Expert Discovery Cut-off May 5, 2023. Law and Motion Cut-off May 8, 2023 at 1:30 p.m. The Court orders that any settlement discussions shall be completed not later than February 17, 2023. The Scheduling Conference set for January 10, 2022 at 11:30 a.m. is VACATED. re: Report #13 , Report #12 [See document for further details.] (es)
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Filing 14
ORDER FOR JURY TRIAL SETTING DATES; PREPARATION FOR TRIAL; AND GOVERNING ATTORNEY AND PARTY CONDUCT AT TRIAL before Judge James V. Selna. (See Document for Details and Deadlines) (lb)
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| Filing 13 Joint 26f Report REPORT of Joint 26f Report filed by Plaintiff Ronnee Charlene Rathkey. (Mashney, Stephen) |
| Filing 12 JOINT RULE 26(F) REPORT REPORT of JOINT RULE 26(F) REPORT filed by Plaintiff Ronnee Charlene Rathkey. (Mashney, Stephen) |
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Filing 11
ORDER by Judge James V. Selna: granting #10 Non-Resident Attorney Patrick S Nolan APPLICATION to Appear Pro Hac Vice on behalf of Defendant Zimmer, Inc., doing business in California as ZIMMER BIOMET CORPORATE SERVICES, a California corporation, designating Ankineh Zadoorian as local counsel. (bm)
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| Filing 10 APPLICATION of Non-Resident Attorney Patrick S. Nolan to Appear Pro Hac Vice on behalf of Defendant Zimmer, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32516142) filed by Attorney for Defendant Zimmer, Inc.. (Attachments: #1 Proposed Order Proposed Order G-64, #2 Supplement Certificate of Good Standing) (Zadoorian, Ankineh) |
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Filing 9
Order Setting Rule 26(f) Scheduling Conference for 1/10/2022 at 11:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 1/3/2022. (lb)
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| Filing 8 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA. (dgo) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Douglas F. McCormick. (jtil) |
| Filing 4 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge James V. Selna for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Douglas F. McCormick. New Case Number 8:21-cv-01622 JVS (DFMx). (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Ronnee Charlene Rathkey in Orange County Superior Court on 4/1/2021, attached as Exhibit 1. (jtil) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant Zimmer, Inc. identifying Zimmer Biomet Holdings, Inc. as Corporate Parent. (Levine, Amy) |
| Filing 2 ANSWER to Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Zimmer, Inc..(Levine, Amy) |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2021-01193390-CU-PL-CJC Receipt No: ACACDC-32079863 - Fee: $402, filed by Defendant Zimmer, Inc.. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet, #3 Civil Cover Sheet Supplemental) (Attorney Amy Robyn Levine added to party Zimmer, Inc.(pty:dft))(Levine, Amy) |
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