Joseph v. Stryker Corp.
| Bincymol Joseph |
| Stryker Corporation, CV Medical, LLC and Davis Tool, Inc. |
| Kaiser Foundation Health Plan |
| 2:2018cv00370 |
| February 16, 2018 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Stanislaus |
| Daniel J Calabretta |
| Carolyn K Delaney |
| Kimberly J Mueller |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Both |
Docket Report
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| Filing 75 [DISREGARD - COUNSEL (Kaiser) NOT CAED ADMITTED] STIPULATION FOR DISMISSAL and PROPOSED ORDER by CV Medical, LLC, Davis Tool, Inc., Bincymol Joseph, Kaiser Foundation Health Plan. (Briggs, Matthew) Modified on 5/22/2023 (Michel, G.). |
| Filing 74 MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge Daniel J. Calabretta on 5/19/2023: After review of the Notice of Filing Bankruptcy, ECF No. #72 , and on the Court's own motion, this matter is STAYED. The parties are DIRECTED to file Updated Status Reports advising the Court as to the status of bankruptcy proceedings every 120 days. The Clerk is directed to administratively close this action. (cc: Operations Supervisor) [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 73 [DISREGARD - COUNSEL NOT CAED ADMITTED] DESIGNATION of COUNSEL terminating Kelsey Mezzanatto Daniel by Kaiser Foundation Health Plan. (Daniel, Kelsey) Modified on 5/19/2023 (Benson, A.). |
| Filing 72 NOTICE of FILING BANKRUPTCY Upon the Record as to CV Medical, LLC. (Kastilahn, A) |
Filing 71
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of District Judge Daniel J. Calabretta to the bench of the Eastern District of California, this action is reassigned from *District Judge Kimberly J. Mueller* to District Judge Daniel J. Calabretta for all further proceedings. All pending motions are submitted without appearance and without oral argument pursuant to Local Rule 230(g) and the hearing on said motions is VACATED. If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. Further, all pretrial conference and trial dates currently set in this reassigned action are VACATED and shall be reset, as necessary, by the reassigned Court. (Donati, J)
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Filing 70
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/22/2023 VACATING 68 The Final Pretrial Conference set for 4/28/2023.(Reader, L)
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| Filing 69 STIPULATION and PROPOSED ORDER to reopen and extend the fact discovery deadline and expert disclosure deadline by CV Medical, LLC. (Marcus, Daniel) |
| Filing 68 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 3/7/2023: In light of the expiration of the dispositive motion deadline and the parties' Joint Status Report, ECF No. #67 , a Final Pretrial Conference is SET for 4/28/2023 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. The parties should be prepared to confirm a trial date within 60 to 120 days from the date of the Final Pretrial Conference, and should be available for trial accordingly. The parties shall meet and confer and file a joint Pretrial Statement no less than three weeks prior to the Final Pretrial Conference. See E.D. L.R. 282. The provisions of Local Rule 281 shall apply with respect to the matters to be included in the joint pretrial statement. At least one of the attorneys who will conduct the trial for each of the parties shall attend the Final Pretrial Conference. All motions in limine must be filed in conjunction with the joint pretrial statement. In most cases, motions in limine are addressed and resolved on the morning of the first day of trial. The parties may alert the court at the Final Pretrial Conference and in their final Joint Pretrial Statement that a particular motion or motions should be resolved earlier. At the Final Pretrial Conference, the court will set a briefing and hearing schedule on the motions in limine as necessary. The parties are reminded that a motion in limine is a pretrial procedural device designed to address the admissibility of evidence. The court looks with disfavor upon dispositional motions presented at the Final Pretrial Conference or at Trial in the guise of motions in limine. (Text Only Entry)(Schultz, C) |
| Filing 67 JOINT STATUS REPORT by Bincymol Joseph. (Briggs, Matthew) |
| Filing 66 NOTICE of CHANGE of FIRM NAME by Davis Tool, Inc. (Barch, David) Modified on 1/20/2023 (Perdue, C.). |
| Filing 65 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 9/20/2022: Plaintiff's Proposed Substitution of Attorney, ECF No. #64 , is GRANTED. Accordingly, Attorney, Matthew C. Briggs, is SUBSTITUTED into this case as counsel of record for Plaintiff, in place of Attorney, Ted A. Greene. (Text Only Entry) (Schultz, C) |
| Filing 64 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Bincymol Joseph. (Briggs, Matthew) |
| Filing 63 AMENDED INITIAL DISCLOSURES STATEMENT by Bincymol Joseph: Amended #62 Initial Disclosures. (Briggs, Matthew) Modified on 7/1/2022 (Kaminski, H). |
| Filing 62 INITIAL DISCLOSURES STATEMENT by Bincymol Joseph. (Attachments: #1 Proof of Service)(Briggs, Matthew) Modified on 6/30/2022 (Kaminski, H). |
| Filing 61 STANDING SCHEDULING ORDER issued by Courtroom Deputy C. Schultz for Chief Judge Kimberly J. Mueller on 6/15/2022. (Schultz, C) |
| Filing 60 MINUTES for Scheduling Conference held (via videoconference) before Chief District Judge Kimberly J. Mueller on 6/15/2022, and FRCP 16 BENCH ORDER: Attorney, Lance Yamamoto, present for Plaintiff. Attorney, Daniel Marcus, present for Defendant CV Medical LLC. Attorney, David Barch, present for Defendant Davis Tool Inc. The court and counsel discussed case scheduling. After careful consideration of the parties' comments, the court ORDERED the following pre-trial case schedule: Initial disclosures as required by Federal Rule of Civil Procedure 26(a) shall be completed by 6/29/2022; fact discovery shall be completed by 1/5/2023; expert disclosures shall be completed by 2/2/2023; rebuttal expert witnesses shall be exchanged by 3/2/2023; all expert discovery shall be completed by 4/6/2023; and all dispositive motions, except for motions for continuances, temporary restraining orders or other emergency applications, shall be heard by 3/10/2023. Motions regarding discovery shall be noticed before the Magistrate Judge, as provided by Local Rule 302(c). After consideration of the parties' comments related to settlement, the parties shall participate in private mediation by 1/5/2023. The parties shall file a joint status report within seven days of completing private mediation, informing the court whether the case settled and notifying the court if the parties request a court settlement conference date. This case schedule will become final without further order of the court unless objections are filed within fourteen (14) calendar days of this order. The schedule, once final, shall not be modified except by leave of court upon showing of good cause. All provisions of the court's standing scheduling order for Civil Cases filed concurrently herewith are incorporated therein. SO ORDERED. Court Reporter: Jennifer Coulthard. (Text Only Entry) (Schultz, C) |
| Filing 59 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 6/7/2022: Due to a scheduling conflict and on the court's own motion, the Status Conference set for 6/16/2022 is ADVANCED to 6/15/2022 at 1:00 PM before Chief District Judge Kimberly J. Mueller. The 6/15/2022 Hearing will proceed by video conferencing through the Zoom application. The Courtroom Deputy will provide counsel with the hearing access information no less than 24 hours before the hearing. (Text Only Entry (Text Only Entry) (Schultz, C) |
| Filing 58 JOINT STATUS REPORT by CV Medical, LLC. (Marcus, Daniel) |
| Filing 57 NOTICE of Unavailability of Counsel by Bincymol Joseph. (Briggs, Matthew) Modified on 4/29/2022 (Coll, A). |
| Filing 56 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 4/5/2022: On the court's own motion, a Status Conference is SET for 6/16/2022 at 2:30 PM before Chief District Judge Kimberly J. Mueller. The parties shall file a joint status report no less than fourteen (14) days prior. (Text Only Entry) (Schultz, C) |
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Filing 55
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/22/22 DENYING #46 Motion to Dismiss. (Kastilahn, A)
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| Filing 54 ASSOCIATION of ATTORNEY: Added attorney Daniel David Marcus for CV Medical, LLC,Daniel David Marcus for CV Medical, LLC,Daniel David Marcus for CV Medical, LLC. (Marcus, Daniel) |
| Filing 53 DESIGNATION of COUNSEL FOR SERVICE. Added attorney David Lindsay Barch, I for Davis Tool, Inc.; attorney Edward Garcia, Jr terminated (Barch, David) Modified on 1/14/2022 (Benson, A.). |
| Filing 52 JOINT SUR-REPLY by Bincymol Joseph in opposition to #46 Motion to Dismiss. (Briggs, Matthew) Modified on 9/21/2021 (Zignago, K.). |
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Filing 51
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/13/2021 ORDERING plaintiff Bincymol Joseph to file a sur-reply, no more than five pages in length, within seven days of this order. (Becknal, R)
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| Filing 50 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 9/14/2021: On the court's own motion and pursuant to Local Rule 230(g), the pending Motion to Dismiss, ECF No. #46 , is SUBMITTED without oral argument. Accordingly, the hearing date of 9/17/2021 is VACATED. If the court determines that oral argument is needed, it will be scheduled at a later date. (Text Only Entry) (Schultz, C) |
| Filing 49 REPLY by Davis Tool, Inc. re #48 Opposition to Motion. Attorney Garcia, Edward added. (Garcia, Edward) |
| Filing 48 OPPOSITION by Bincymol Joseph to #46 Motion to Dismiss,. (Attachments: #1 Declaration, #2 Proof of Service)(Briggs, Matthew) |
| Filing 47 NOTICE OF WITHDRAWAL OF COUNSEL by Davis Tool, Inc. Attorney Garcia, Edward added. (Garcia, Edward) |
| Filing 46 MOTION to DISMISS by Davis Tool, Inc.. Motion Hearing set for 9/17/2021 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Yen, Thomas) |
| Filing 45 MINUTE ORDER issued by Relief Courtroom Deputy M. York for Chief District Judge Kimberly J. Mueller on 4/7/2021: In light of plaintiff's filing of a Second Amended Complaint, ECF No. #35 , and Third-Party Complaint, ECF No. #36 , the Motion for Leave to File the proposed Third-Party Complaint and to File the proposed Second Amended Complaint, ECF No. #31 , is DENIED as MOOT. (Text Only Entry) (York, M) |
| Filing 44 ANSWER with Jury Demand by Davis Tool, Inc.. Attorney Yen, Thomas added.(Yen, Thomas) |
| Filing 43 ANSWER with Jury Demand by Davis Tool, Inc..(Yen, Thomas) |
| Filing 42 STIPULATION to Extend Time to Respond to Third Party Complaint by Davis Tool, Inc.. Attorney Yen, Thomas added. (Yen, Thomas) |
| Filing 41 STIPULATION to Extend Time to Respond to Second Amended Complaint by Davis Tool, Inc.. Attorney Yen, Thomas added. (Yen, Thomas) |
| Filing 40 ANSWER with Jury Demand by CV Medical, LLC.(Rhodes, Elizabeth) |
| Filing 39 THIRD PARTY COMPLAINT against Davis Tool, Inc. by CV Medical, LLC. (Attachments: #1 Proposed Summons)(Rhodes, Elizabeth) Modified on 12/16/2020 (Huang, H). |
| Filing 38 SUMMONS ISSUED re #36 Third Party Complaint as to *Davis Tool, Inc.* with answer to complaint due within *21* days. Attorney *Jeffrey M. Vucinich* *Clapp Moroney Vucinich Beeman & Scheley* *1111 Bayhill Dr., Suite 300* *San Bruno, CA 94066*. (Huang, H) |
| Filing 37 SUMMONS ISSUED re #35 Second Amended Complaint as to *Davis Tool, Inc.* with answer to complaint due within *21* days. Attorney *Glen F. Olives* *Law Offices Of Ted A. Greene, Inc.* *1912 F Street, Suite 110* *Sacramento, CA 95811*. (Huang, H) |
| Filing 36 THIRD PARTY COMPLAINT against Davis Tool, Inc. by CV Medical, LLC. Attorney Rhodes, Elizabeth Dunn added. (Attachments: #1 Proposed Summons)(Rhodes, Elizabeth) Modified on 12/10/2020 (Huang, H). |
| Filing 35 SECOND AMENDED COMPLAINT against CV Medical, LLC, Davis Tool, Inc. by Bincymol Joseph. Attorney Briggs, Matthew C. added. (Attachments: #1 Proposed Summons)(Briggs, Matthew) Modified on 12/10/2020 (Huang, H). |
| Filing 34 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: The parties jointly requested leave of court for defendant to file a third-party complaint impleading David Tools, Inc., as a third-party defendant to this action and for plaintiff to file a second amended complaint adding David Tools, Inc., as a party defendant to this action pursuant to Fed. R. Civ. P. Rule 14. See ECF No. #32 . Pursuant to the parties' stipulation, and good cause appearing, plaintiff and defendant are GRANTED seven (7) days from the date of this order to file their amended pleadings. (Text Only Entry) (Schultz, C) |
| Filing 33 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: On the court's own motion and pursuant to Local Rule 230(g), the Joint Motion for Leave to File Third-Party Complaint, ECF No. #31 , is SUBMITTED without oral argument. Accordingly, the hearing date of 10/16/2020 is VACATED. If the court determines that oral argument is needed, it will be scheduled at a later date. (Text Only Entry) (Schultz, C) |
| Filing 32 STIPULATION and PROPOSED ORDER re #31 Motion to Amend by CV Medical, LLC. (Vucinich, Jeffrey) Modified on 9/1/2020 (Kaminski, H). |
| Filing 31 MOTION to AMEND the #16 Amended Complaint by CV Medical, LLC. Motion Hearing set for 10/16/2020 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Memorandum.(Vucinich, Jeffrey) Modified on 9/1/2020 (Kaminski, H). |
| Filing 30 NOTICE of CHANGE of ADDRESS by Kelsey Mezzanatto Daniel. (Attachments: #1 Proof of Service) (Daniel, Kelsey) Modified on 7/16/2020 (York, M). |
| Filing 29 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Glen F. Olives for Bincymol Joseph, attorney Matthew Dean Engebretson and Michael Dennis Maloney terminated (Olives, Glen) |
| Filing 28 ANSWER with Jury Demand by CV Medical, LLC. Attorney Vucinich, Jeffrey Michael added. (Attachments: #1 Notice Demand for Jury Trial)(Vucinich, Jeffrey) |
| Filing 27 SUMMONS RETURNED EXECUTED: CV Medical, LLC served on 10/1/19. (Engebretson, Matthew) Modified on 10/7/2019 (Coll, A). |
| Filing 26 SUMMONS RETURNED EXECUTED: Bincymol Joseph served on 10/2/2019, answer due 10/23/2019. (Engebretson, Matthew) |
| Filing 25 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court is in receipt of Plaintiff's Status Report, ECF No. #24 , and ORDERS the parties to file an updated Joint Status Report in 30 days. (Text Only Entry) (Schultz, C) |
| Filing 24 JOINT STATUS REPORT by Bincymol Joseph. Attorney Engebretson, Matthew Dean added. (Engebretson, Matthew) |
| Filing 23 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court is in receipt of Plaintiff's Status Report, ECF No. #22 , and ORDERS the parties to file an updated Joint Status Report in 30 days. (Text Only Entry) (Schultz, C) |
| Filing 22 JOINT STATUS REPORT by Bincymol Joseph. (Maloney, Michael) |
| Filing 21 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller ORDERING that within seven days, the parties shall file an updated joint status report. (Text Only Entry) (Schultz, C) |
| Filing 20 MINUTE ORDER by Relief Courtroom Deputy J. Anderson for District Judge Kimberly J. Mueller on 07/01/2019: Defendant Stryker Corporation is DISMISSED, without prejudice, as provided by Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the parties' joint Request for Dismissal (ECF No. #19 ). (Anderson, J) |
| Filing 19 REQUEST for Dismissal Without Prejudice of Defendant Stryker Corporation by Bincymol Joseph. (Maloney, Michael) Modified on 6/24/2019 (Mena-Sanchez, L). |
| Filing 18 ANSWER by Stryker Corporation.(Ayad, Sarah) |
| Filing 17 SUMMONS ISSUED as to *CV Medical, LLC* with answer to complaint due within *21* days. Attorney *Michael Dennis Maloney* *Law Offices Of Ted Greene* *1912 F. Street, Suite 110* *Sacramento, CA 95811*. (Mena-Sanchez, L) |
| Filing 16 FIRST AMENDED COMPLAINT against Stryker Corporation, CV Medical, LLC by Bincymol Joseph.(Maloney, Michael) |
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Filing 15
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/21/2019 ORDERING that plaintiff shall file the proposed first amended complaint by 5/31/2019 and effect service of the summons and complaint within times prescribed by the Court. The Scheduling Order previously issued by this Court is hereby VACATED. The parties shall file a Joint Status (Initial Scheduling) Report by 6/28/2019, proposing a new schedule for the case. The court will set a new scheduling conference only if needed to clarify matters with the parties. A Status Conference will be scheduled under the usual Court process and procedures and further Orders of the Court. (Zignago, K.)
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| Filing 14 STIPULATION to Vacate Scheduling Order and for Order Authorizing Plaintiff to File FAC by Bincymol Joseph. (Maloney, Michael) Modified on 5/20/2019 (Mena-Sanchez, L). |
| Filing 13 (DISREGARD; REFER TO AMENDED FILING AT ECF NO. #14 ) STIPULATION To Vacate Scheduleing Order and for Order Authorizing Plaintiff to File FAC by Bincymol Joseph. (Maloney, Michael) (Docket Text Modified on 5/17/2019 by C. Schultz: Disregard language added.) |
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Filing 12
STATUS (PRETRIAL SCHEDULING) ORDER signed by District Judge Kimberly J. Mueller on 10/10/2018 ORDERING all discovery shall be completed by 8/9/2019. Designation of Expert Witnesses due by 9/9/2019. Dispositive Motions shall be heard no later than 12/6/2019. The parties shall complete private mediation and report the results, as well as their position on further court-convened settlement, by 7/22/2019. (Zignago, K.)
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| Filing 11 MINUTES for SCHEDULING CONFERENCE held before District Judge Kimberly J. Mueller: Plaintiff's Counsel, Michael Maloney, present. Defendant's Counsel, Sarah Ayad, present. The court and counsel discussed case scheduling. A scheduling order will issue. Court Reporter: Jennifer Coulthard. (Text Only Entry) (Schultz, C) |
| Filing 10 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Due to a scheduling conflict and on the court's own motion, the Status (Pretrial Scheduling) Conference set for 7/19/2018 is VACATED and RESET for 9/27/2018 at 2:30 PM in Courtroom 3 before District Judge Kimberly J. Mueller. (Text Only Entry) (Schultz, C) |
| Filing 9 JOINT STATUS REPORT by Stryker Corporation. (Rodman, Daniel) |
| Filing 8 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Due to a scheduling conflict and on the court's own motion, the Status (Pretrial Scheduling) Conference set for 6/21/2018 is VACATED and RESET for 7/19/2018 at 2:30 PM in Courtroom 3 before District Judge Kimberly J. Mueller, with a joint status report due seven days prior. (Text Only Entry) (Schultz, C) |
| Filing 7 NOTICE of Lien by Kaiser Foundation Health Plan re #6 Notice of Appearance. (Mezzanatto, Kelsey) |
| Filing 6 NOTICE of APPEARANCE by Kelsey Nicole Mezzanatto on behalf of Kaiser Foundation Health Plan. (Mezzanatto, Kelsey) |
| Filing 5 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Stryker Corporation. (Ayad, Sarah) |
| Filing 4 NOTICE of Court's Order by Stryker Corporation re #2 Civil New Case Documents for KJM. Attorney Ayad, Sarah Marie added. (Attachments: #1 Exhibit A - Order (Document 2-1))(Ayad, Sarah) |
| Filing 3 DEMAND for TRIAL by JURY by Stryker Corporation. (Rodman, Daniel) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/21/2018 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Kaminski, H) |
| Filing 1 NOTICE of REMOVAL from Placer County Superior Court, case number SCV0040577 by Stryker Corporation. (Filing fee $ 400, receipt number 0972-7510454) (Attachments: #1 Exhibit A - Plaintiff's Summons and Complaint, #2 Exhibit B - Stryker's Answer, #3 Notice of Interested Parties, #4 Civil Cover Sheet)(Rodman, Daniel) |
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