Garcia v. Boston Scientific Corporation
| Ida Garcia |
| Boston Scientific Corporation |
| 1:2019cv00381 |
| March 22, 2019 |
| US District Court for the Eastern District of California |
| Stanley A Boone |
| Dale A Drozd |
| Anthony W Ishii |
| Sheila K Oberto |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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Filing 21
MINUTE ORDER: (TEXT ENTRY ONLY) The Court sets a Scheduling Conference in this matter for 9/10/2019 at 02:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. A Joint Scheduling Report is due one week before the conference date. Signed by Magistrate Judge Stanley A. Boone on 7/10/2019. (Hernandez, M)
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Filing 20
ORDER RE: MOTION TO DISMISS #7 signed by District Judge Anthony W. Ishii on 06/25/2019. Defendant's motion to dismiss is GRANTED in part and DENIED in part. The first cause of action is DISMISSED with leave to amend. The second cause of action is DISMISSED with prejudice. The fourth cause of action is DISMISSED with prejudice. The part of the sixth cause of action based on a manufacturing defect theory is DISMISSED with leave to amend. The seventh cause of action is DISMISSED with leave to amend. If Plaintiff wishes to amend the first, sixth, and seventh causes of action, she must file an amended complaint by July 15, 2019. If no amended complaint is filed by that time, Defendant must file an answer by August 5, 2019. (Gonzales, V)
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| Filing 19 NOTICE of APPEARANCE by Eric M. Przybysz, PHV on behalf of Ida Garcia. (Przybysz, Eric) |
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Filing 18
MINUTE ORDER: (TEXT ENTRY ONLY) In view of the reassignment of the case to Magistrate Judge Boone #13 , the Scheduling Conference set for 6/20/2019 before Magistrate Judge Oberto is hereby VACATED. Minute Order signed by Magistrate Judge Sheila K. Oberto on 6/12/2019. (Kusamura, W)
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Filing 17
PRO HAC VICE ORDER signed by Magistrate Judge Stanley A. Boone on 6/4/2019 adding attorney Eric M. Przybysz, PHV for Ida Garcia. (Lundstrom, T)
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| Filing 16 PROPOSED ORDER re Pro Hac Vice Application. (Cutter, Margot) |
| Filing 15 NOTICE of APPEARANCE by Margot Patricia Cutter on behalf of Ida Garcia. Attorney Cutter, Margot Patricia added. (Cutter, Margot) |
| PAYMENT for Pro Hac Vice Application in the amount of $ 225, receipt number 0972-8295972. (Cutter, Margot) |
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Filing 14
MINUTE ORDER: (TEXT ENTRY ONLY) The Court has deemed MOTION TO DISMISS, Doc. No. #7 , noticed for hearing on 5/21/2019, before District Judge Dale A. Drozd, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the matter will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 5/16/2019. (Gonzales, V)
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Filing 13
ORDER RELATING CASES signed by Chief Judge Lawrence J. O'Neill on 5/15/2019. New Case Number: 1:19-CV-00381-AWI-SAB. (Sant Agata, S)
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| Filing 12 CERTIFICATE of SERVICE by Boston Scientific Corporation re #11 Reply. (Weiler, Eva Marie) |
| Filing 11 REPLY by Boston Scientific Corporation re #10 Opposition to Motion, #7 MOTION to DISMISS. (Attachments: #1 Proof of Service)(Weiler, Eva Marie) |
| Filing 10 OPPOSITION by Ida Garcia to #7 MOTION to DISMISS. (Furness, Arati) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT by Defendant Boston Scientific Corporation. (Weiler, Eva Marie) |
| Filing 8 NOTICE of RELATED CASE 1:19-cv-00451-LJO-EPG, 2:18-cv-2183-KJM-CKD, 1:10-cv-01968-AWI-SKO, 2:12-cv-00005-JAM-CKD, 1:12-cv-00149-LJO-GSA, 1:12-cv-00435-AWI-SMS by Boston Scientific Corporation. (Weiler, Eva Marie) |
| Filing 7 MOTION to DISMISS by Boston Scientific Corporation. Attorney Weiler, Eva Marie Mannoia added. Motion Hearing set for 5/21/2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum, #2 Declaration)(Weiler, Eva Marie) |
| Filing 6 SUMMONS RETURNED EXECUTED: Boston Scientific Corporation served on 4/3/2019, answer due 4/24/2019. (Furness, Arati) |
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Filing 5
PRO HAC VICE ORDER Added attorney Michele Carino, PHV for Ida Garcia, signed by Magistrate Judge Sheila K. Oberto on 3/25/2019. (Martin-Gill, S)
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| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/20/2019 at 09:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Lundstrom, T) |
| Filing 3 SUMMONS ISSUED as to *Boston Scientific Corporation* with answer to complaint due within *21* days. Attorney *Arati Furness* *Fears Nachawati PLLC* *5473 Blair Road* *Dallas, TX 75231*. (Lundstrom, T) |
| Filing 2 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Ida Garcia for attorney Michele Carino to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8175332) (Attachments: #1 Certificate of Good Standing)(Furness, Arati) |
| Filing 1 COMPLAINT against Boston Scientific Corporation by Ida Garcia. Attorney Furness, Arati added. (Filing fee $ 400, receipt number 0972-8175259) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Furness, Arati) |
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| Defendant: Boston Scientific Corporation | |
| Represented By: | Eva Marie Mannoia Weiler |
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| Plaintiff: Ida Garcia | |
| Represented By: | Arati Furness |
| Represented By: | Michele Carino, PHV |
| Represented By: | Eric M. Przybysz, PHV |
| Represented By: | Margot Patricia Cutter |
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