Fust et al v. Gilead Sciences, Inc.
Plaintiff: Deborah Fust and Edward Pimentel
Defendant: Gilead Sciences, Inc.
Case Number: 2:2023cv02853
Filed: December 6, 2023
Court: US District Court for the Eastern District of California
Presiding Judge: Deborah Barnes
Referring Judge: William B Shubb
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 30, 2024 Opinion or Order Filing 35 ORDER signed by Senior Judge William B. Shubb on 1/30/2024 DENYING #27 Plaintiffs' EX PARTE APPLICATION to Adjourn Defendant's Motion to Dismiss Pending Resolution of Plaintiffs' Motion to Remand. (Kirksey Smith, K)
January 30, 2024 SERVICE BY MAIL: #35 Order denying #27 Ex Parte Application served on Jacob Levin NCAED. (Kirksey Smith, K)
January 26, 2024 Filing 34 REPLY by Deborah Fust, Edward Pimentel re #31 Opposition to Motion,. (Dalia, David)
January 22, 2024 Filing 33 REPLY to #29 Response by Deborah Fust, Edward Pimentel. (Dalia, David) Modified on 1/23/2024 (Clemente Licea, O).
January 19, 2024 Filing 32 REPLY in support of #10 Motion to Dismiss by Gilead Sciences, Inc.. (Lefkowitz, Jay) Modified on 1/23/2024 (Clemente Licea, O).
January 19, 2024 Filing 31 OPPOSITION to #28 Motion to Remand by Gilead Sciences, Inc.. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Proposed Order) (Lefkowitz, Jay) Modified on 1/23/2024 (Clemente Licea, O).
January 10, 2024 Filing 30 OPPOSITION by Deborah Fust, Edward Pimentel to #10 Motion to Dismiss,. (Dalia, David)
January 10, 2024 Filing 29 RESPONSE by Gilead Sciences, Inc. to #27 Ex Parte Application,. (Lefkowitz, Jay)
January 5, 2024 Filing 28 MOTION to REMAND by Deborah Fust, Edward Pimentel. Motion Hearing set for 2/20/2024 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Proposed Order) (Dalia, David) Modified on 1/8/2024 (Clemente Licea, O).
January 4, 2024 Filing 27 EX PARTE APPLICATION by Deborah Fust, Edward Pimentel for Ex Parte Relief - Motion and Incorporated Memorandum to Adjourn Defendant's Motion to Dismiss Pending Resolution of Plaintiffs' Motion to Remand. (Attachments: #1 Affidavit, #2 Proposed Order)(Dalia, David)
January 4, 2024 Filing 26 NOTICE of CHANGE of ADDRESS by David A. Dalia, PHV. (Dalia, David)
January 4, 2024 Filing 25 NOTICE of APPEARANCE by David A. Dalia, PHV on behalf of Deborah Fust, Edward Pimentel. (Dalia, David)
January 2, 2024 Opinion or Order Filing 24 PRO HAC VICE ORDER signed by Senior Judge William B. Shubb on 01/01/2024 GRANTING #21 Application for Pro Hac Vice. Added Attorney Bradford L. Geyer, PHV for Deborah Fust. The Pro Hac Vice Attorney is directed to request electronic filing access through PACER. (Lopez, K)
January 2, 2024 Opinion or Order Filing 23 PRO HAC VICE ORDER signed by Senior Judge William B. Shubb on 01//01/2024 GRANTING #22 Application for Pro Hac Vice. Added Attorney David A. Dalia, PHV for Deborah Fust and Edward Pimentel. The Pro Hac Vice Attorney is directed to request electronic filing access through PACER. (Lopez, K)
January 2, 2024 SERVICE BY MAIL: #23 Order served on Jacob Levin NCAED. (Lopez, K)
January 2, 2024 SERVICE BY MAIL: #24 Order served on Jacob Levin NCAED. (Lopez, K)
December 28, 2023 Filing 22 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Deborah Fust for attorney David A. Dalia to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-11263617) (Attachments: #1 Certificate of Good Standing) (Brown, Samuel) Modified on 12/29/2023 (Clemente Licea, O).
December 28, 2023 Filing 21 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Deborah Fust for attorney Bradford L. Geyer to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-11263607) (Attachments: #1 Certificate of Good Standing) (Brown, Samuel) Modified on 12/29/2023 (Clemente Licea, O).
December 28, 2023 Filing 20 NOTICE of APPEARANCE by Samuel Brown on behalf of Deborah Fust. Attorney Brown, Samuel added. (Brown, Samuel)
December 27, 2023 Opinion or Order Filing 19 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 12/26/23 ORDERING plaintiffs' response to defendant's #10 Motion to Dismiss is due on 01/10/24 and staying discovery until the Motion to Dismiss is resolved. (Licea Chavez, V)
December 22, 2023 Filing 18 STIPULATION and PROPOSED ORDER for Continuing Deadline for Plaintiff's Response to #10 Motion to Dismiss by Deborah Fust. (Attachments: #1 Proposed Order) (Phan, Dat) Modified on 12/26/2023 (Clemente Licea, O).
December 22, 2023 Filing 17 NOTICE of APPEARANCE by Dat Hoang Phan on behalf of Deborah Fust. Attorney Phan, Dat Hoang added. (Phan, Dat)
December 15, 2023 Opinion or Order Filing 16 PRO HAC VICE ORDER signed by Senior Judge William B. Shubb on 12/14/2023 GRANTING #9 Application for Pro Hac Vice. Added Attorney Donna M. Welch, PHV for Gilead Sciences, Inc.. The Pro Hac Vice Attorney is directed to request electronic filing access through PACER. (Lopez, K)
December 15, 2023 Opinion or Order Filing 15 PRO HAC VICE ORDER signed by Senior Judge William B. Shubb on 12/14/2023 GRANTING #8 Application for Pro Hac Vice. Added Attorney Danielle P. O'Neal, PHV for Gilead Sciences, Inc.. The Pro Hac Vice Attorney is directed to request electronic filing access through PACER. (Lopez, K)
December 15, 2023 Opinion or Order Filing 14 PRO HAC VICE ORDER signed by Senior Judge William B. Shubb on 12/14/2023 GRANTING #7 Application for Pro Hac Vice. Added Attorney Jennifer G. Levy, PHV for Gilead Sciences, Inc.. The Pro Hac Vice Attorney is directed to request electronic filing access through PACER. (Lopez, K)
December 15, 2023 Opinion or Order Filing 13 PRO HAC VICE ORDER signed by Senior Judge William B. Shubb on 12/14/2023 GRANTING #6 Application for Pro Hac Vice. Added Attorney Jay P. Lefkowitz, PHV for Gilead Sciences, Inc.. The Pro Hac Vice Attorney is directed to request electronic filing access through PACER. (Lopez, K)
December 15, 2023 Opinion or Order Filing 12 PRO HAC VICE ORDER signed by Senior Judge William B. Shubb on 12/14/2023 GRANTING #5 Application for Pro Hac Vice. Added Attorney Michael F. LeFevour, PHV for Gilead Sciences, Inc.. The Pro Hac Vice Attorney is directed to request electronic filing access through PACER. (Lopez, K)
December 15, 2023 Opinion or Order Filing 11 PRO HAC VICE ORDER signed by Senior Judge William B. Shubb on 12/14/2023 GRANTING #4 Application for Pro Hac Vice. Added Attorney James F. Hurst, PHV for Gilead Sciences, Inc.. The Pro Hac Vice Attorney is directed to request electronic filing access through PACER. (Lopez, K)
December 15, 2023 SERVICE BY MAIL: #11 Order #12 Order #13 Order #14 Order #15 Order #16 Order served on Jacob Levin NCAED. (Lopez, K)
December 13, 2023 Filing 10 MOTION to DISMISS by Gilead Sciences, Inc.. Motion Hearing set for 2/20/2023 at 01:30 PM in Courtroom 5 before Senior Judge William B. Shubb. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Proposed Order Granting Request for Judicial Notice, #10 Proposed Order Granting Defendant Gilead Sciences, Inc.'s Motion to Dismiss)(Shipley, Michael)
December 11, 2023 Filing 9 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Gilead Sciences, Inc. for attorney Donna M. Welch to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-11234129) (Shipley, Michael)
December 11, 2023 Filing 8 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Gilead Sciences, Inc. for attorney Danielle P. O'Neal to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-11234110) (Shipley, Michael)
December 11, 2023 Filing 7 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Gilead Sciences, Inc. for attorney Jennifer G. Levy to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-11234091) (Shipley, Michael)
December 11, 2023 Filing 6 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Gilead Sciences, Inc. for attorney Jay P. Lefkowitz to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-11234017) (Shipley, Michael)
December 11, 2023 Filing 5 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Gilead Sciences, Inc. for attorney Michael F. LeFevour to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-11233819) (Shipley, Michael)
December 11, 2023 Filing 4 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Gilead Sciences, Inc. for attorney James F. Hurst to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-11233774) (Shipley, Michael)
December 11, 2023 Filing 3 CERTIFICATE / PROOF of SERVICE by Gilead Sciences, Inc. re #2 Civil New Case Documents for WBS. (Shipley, Michael)
December 7, 2023 Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference SET for 4/8/2024 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Order re Consent, #2 VDRP) (Kastilahn, A)
December 6, 2023 Filing 1 NOTICE of REMOVAL from Shasta County Superior Court, case number 23CV-0203316 by Gilead Sciences, Inc. (Filing fee $ 405, receipt number ACAEDC-11226922) (Attachments: #1 Civil Cover Sheet, #2 Disclosure Statement and Notice of Interested Parties, #3 Notice of Related Cases)(Shipley, Michael)

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Search for this case: Fust et al v. Gilead Sciences, Inc.
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Plaintiff: Deborah Fust
Represented By: Jacob Levin, NCAED
Represented By: Bradford L. Geyer, PHV
Represented By: Dat Hoang Phan
Represented By: David A. Dalia, PHV
Represented By: Samuel Brown
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Plaintiff: Edward Pimentel
Represented By: Jacob Levin, NCAED
Represented By: David A. Dalia, PHV
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Defendant: Gilead Sciences, Inc.
Represented By: Michael John Shipley
Represented By: Danielle P. O'Neal, PHV
Represented By: Donna M. Welch, PHV
Represented By: James F. Hurst, PHV
Represented By: Jennifer G. Levy, PHV
Represented By: Jay P. Lefkowitz, PHV
Represented By: Michael F. LeFevour, PHV
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