Viramontes, et al v. Pfizer Inc.
Plaintiff: Sharon E. Viramontes and Edward G. Viramontes
Defendant: Pfizer Inc.
Case Number: 2:2015cv01754
Filed: August 18, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Allison Claire
Presiding Judge: Troy L. Nunley
Nature of Suit: Other Personal Injury
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
November 20, 2018 Opinion or Order Filing 122 ORDER signed by Magistrate Judge Allison Claire on 11/19/2018 GRANTING 117 motion for costs, and are awarded in the full as to Pfizer Inc. in the amount of $6,922.43. (Reader, L)
October 15, 2018 Opinion or Order Filing 120 ORDER signed by Magistrate Judge Allison Claire on 10/12/18 ORDERING plaintiff to file any objections to defendant's request for costs within 30 days from the date of this order.(Coll, A)
July 10, 2018 Opinion or Order Filing 107 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/9/18 Recommending that Defendant's Motion for Summary Judgment 95 be granted. This Findings and Recommendations are referred to U.S. District Judge Troy L. Nunley; Objections to these F&Rs due within twenty-one days. (Mena-Sanchez, L)
May 16, 2018 Opinion or Order Filing 101 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 5/15/2018 CONTINUING Hearing on 95 Motion for Summary Judgment. Motion Hearing RESET for 6/27/2018, at 10:00 AM, in Courtroom 26 (AC), before Magistrate Judge Allison Claire. Plaintiff's opposition, if any, due by 5/30/2018. Pfizer Inc.'s Reply to any opposition shall be filed and served on or before 6/20/2018. (York, M)
November 20, 2017 Opinion or Order Filing 91 ORDER signed by Magistrate Judge Allison Claire on 11/17/2017 AMENDING the 82 Scheduling Order as follows: Disclosure of experts due by 1/24/2018; Disclosure of rebuttal experts due by 2/14/2018; Last discovery motions heard by 3/7/2018; Discovery completed by 3/21/2018; Last law and motion filed 3/9/2018; Last law and motion heard by 6/6/2018; Mid-litigation statement due by 3/7/2018; Joint pretrial statement due by 7/17/2018; Final Pretrial Conference set for 8/23/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley; Jury Trial set for 10/22/2018 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Hunt, G)
January 5, 2017 Opinion or Order Filing 68 ORDER signed by District Judge Troy L. Nunley on 1/4/2017 ORDERING that the 62 findings and recommendations are ADOPTED in full. Defendant's 52 , 57 Motion to Dismiss the complaint is GRANTED, with leave to amend, on the grounds that plaintiff fails to allege causation. Plaintiff is GRANTED 30 days to amend his complaint. (Zignago, K.)
September 6, 2016 Opinion or Order Filing 62 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/2/16 recommending that Motion To Dismiss the complaint 52 , should be GRANTED, with leave to amend. Plaintiff should be granted 30 days to amend his complaint. F&R referred to Judge Troy L. Nunley. Objections to F&R due within twenty one days. (Kaminski, H)
July 26, 2016 Opinion or Order Filing 56 ORDER signed by Magistrate Judge Allison Claire on 7/25/2016 ORDERING that defendant may re-notice its motion to dismiss in accordance with Local Rule 230. The Status Conference, currently scheduled for 8/10/2016, is CONTINUED to 10/5/2016.(Zignago, K.)
July 21, 2016 Opinion or Order Filing 53 ORDER signed by Magistrate Judge Allison Claire on 7/20/16 VACATING the hearing on 52 Motion to Dismiss and CONFIRMING Status Conference set for 8/10/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Washington, S)
June 2, 2016 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Allison Claire on 6/2/2016 STRIKING the 32 First Amended Complaint; BARRING Plaintiffs Edward G. Viramontes and Sharon E. Viramontes from amending their negligence and strict liability claims; GRANTING Plaintiff Ed ward G. Viramontes 30 days to amend his claim for loss of consortium; ORDERING that said amended complaint not be signed by Plaintiff Sharon E. Viramontes; DENYING 33 Motion to Dismiss as moot; DENYING 34 Motion for Sanctions; VACATING the hearing on 33 Motion to Dismiss, 34 Motion for Sanctions set for 6/8/2016. (Michel, G.) Modified on 6/2/2016 (Michel, G.).
May 16, 2016 Opinion or Order Filing 39 ORDER signed by Magistrate Judge Allison Claire on 5/13/2016 GRANTING 37 , 38 Motions for Extension of Time; ORDERING the plainitffs to file their Oppositions to 33 Motion to Dismiss, 34 Motion for Sanctions by 5/16/2016; ORDERING the defendants to file their replies to said motions by 5/23/2016; CONTINUING the hearing on 33 Motion to Dismiss, 34 Motion for Sanctions to 6/8/2016 at 10:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Michel, G.)
February 23, 2016 Opinion or Order Filing 31 ORDER signed by District Judge Troy L. Nunley on 2/22/2016 ORDERING that the 23 findings and recommendations are ADOPTED IN FULL. Plaintiffs' 29 additional Reply to Defendant's Response to the Objections to the findings and recommendations is STRICKEN. Defendant's 6 Motion to Dismiss is GRANTED with leave to amend within 30 days. Defendant's request to convert the Motion to Dismiss into a Summary Judgement motion is DENIED. (Zignago, K.)
December 23, 2015 Opinion or Order Filing 23 ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/23/2015 VACATING the 19 Findings and Recommendations; GRANTING the defendant's Request for Judicial Notice (ECF. 6-3 to 6-6) re 6 Motion to Dismiss, other wise DENYING said request without prejudice; GRANTING 13 Request for Judicial Notice (Exhibits B (pp. 9-42) and D (pp. 46-53)), otherwise DENYING said request without prejudice; RECOMMENDING that the 6 Motion to Dismiss be granted as to the plain tiffs' claims for negligence and strict products liability and Plaintiff Edward Viramontes' claim for loss of consortium; RECOMMENDING that Mr. Viramontes be granted 30 days to amend his complaint; RECOMMENDING that the defendant's request to convert the Motion to Dismiss into a Motion for Summary Judgment be denied; REFERRING this matter to Judge Troy L. Nunley; ORDERING that any objections be filed and served within twenty-one days. (Michel, G.)
November 10, 2015 Opinion or Order Filing 21 ORDER signed by Magistrate Judge Allison Claire on 11/09/15 ORDERING that plaintiff is to file a response to defendant's 20 Objections by 11/24/15. Failure to comply with this order may result in a recommendation that this action be dismissed with prejudice based upon the statute of limitations. (Benson, A)
September 29, 2015 Opinion or Order Filing 19 ORDER with FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/28/2015. Defendant's 6 Request for Judicial Notice is GRANTED as to Exhibits A - D and otherwise DENIED without prejudice. Plaintiff's 13 Request for Judicial Notice is GRANTED as to Exhibits B and D, and otherwise DENIED without prejudice. The Court is RECOMMENDING defendant's 6 Motion to Dismiss is denied and request to convert Motion to Dismiss into Summary Judgment Motion be denied. These Findings & Recommendation are SUBMITTED to District Judge Troy L. Nunley. Within 21 days after being served with these F & Rs, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M)
September 17, 2015 Opinion or Order Filing 14 ORDER signed by Magistrate Judge Allison Claire on 9/17/2015 ORDERING that the 9/23/2015 hearing date re 6 motion to dismiss is CONFIRMED. Defendant's reply, if any, shall be filed no later than Monday, 9/21/2015 at 4:30 p.m.. (Zignago, K.)
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Plaintiff: Sharon E. Viramontes
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Plaintiff: Edward G. Viramontes
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Defendant: Pfizer Inc.
Represented By: Christopher G. Campbell, PHV
Represented By: Andrew Duane Day
Represented By: Brooke Leanne Kim
Represented By: Jessica Wilson, PHV
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