Johnston v. Covidien, LP. et al
| Kim Johnston |
| Covidien, LP. and Medtronic, Inc. |
| 3:2019cv01419 |
| March 18, 2019 |
| US District Court for the Northern District of California |
| William Alsup |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 11, 2019. A more recent docket listing may be available from PACER.
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Filing 46
ORDER GRANTING #45 STIPULATED REQUEST DISMISSING ACTION WITH PREJUDICE by Judge William Alsup. (whalc1, COURT STAFF) (Filed on 11/11/2019)
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| Filing 45 STIPULATION WITH PROPOSED ORDER Re Dismissal of Action With Prejudice filed by Covidien, LP., Medtronic, Inc. and Kim Johnston. (Wilson, Jessica) (Filed on 11/11/2019) Modified on 11/12/2019 (amgS, COURT STAFF). |
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Filing 44
ORDER RELATING CASE 19-cv-01419-WHA, Johnston v. Covidien, LP., and 19-cv-05709-SVK, Jorden v. Covidien, LP. by Judge Alsup. (whalc1, COURT STAFF) (Filed on 10/9/2019)
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| Filing 43 CERTIFICATE OF SERVICE by Covidien, LP., Medtronic, Inc. re #42 ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related Under Civil Local Rule 3-12 (Insogna, Katherine) (Filed on 10/2/2019) |
| Filing 42 ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related Under Civil Local Rule 3-12 filed by Covidien, LP., Medtronic, Inc.. Responses due by 10/4/2019. (Attachments: #1 Exhibit A to Defendants' Unopposed Administrative Motion, #2 Stipulation to Consider Whether Cases Should Be Related Under Civil Local Rule 3-12, #3 Proposed Order)(Insogna, Katherine) (Filed on 9/30/2019) |
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Filing 41
ORDER DENYING #38 MOTION FOR LEAVE TO AMEND by Judge William Alsup. (whalc1, COURT STAFF) (Filed on 8/9/2019)
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| Filing 40 Minute Entry for proceedings held before Judge William Alsup: Motion Hearing re #38 MOTION for Leave to File Amended Complaint filed by Kim Johnston held on 8/8/2019. Matter taken under submission. Court to issue written order. (Total Time in Court: 23 minutes.) Court Reporter: Ana Dub. Plaintiff Attorney: Eric Przybysz. Defendant Attorney: Jessica Wilson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Date Filed: 8/8/2019) |
| Filing 39 OPPOSITION/RESPONSE (re #38 MOTION for Leave to File Amended Complaint ) filed byCovidien, LP., Medtronic, Inc.. (Insogna, Katherine) (Filed on 7/11/2019) |
| Filing 38 MOTION for Leave to File Amended Complaint filed by Kim Johnston. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit Plaintiff's Amended Complaint-FINAL, #5 Proposed Order Proposed Order)(Przybysz, Eric) (Filed on 6/27/2019) |
| Set/Reset Deadlines as to #38 MOTION for Leave to File Amended Complaint: Motion Hearing re #38 MOTION for Leave to File Amended Complaint set for 8/8/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (tlhS, COURT STAFF) (Filed on 6/27/2019) |
| Filing 37 NOTICE of Appearance by Eric Martin Przybysz (Przybysz, Eric) (Filed on 6/17/2019) |
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Filing 36
ORDER RE MOTION TO DISMISS [re #10 MOTION to Dismiss Plaintiff's Complaint filed by Medtronic, Inc., Covidien, LP.]. Signed by Judge William Alsup on 6/7/2019. (whasec, COURT STAFF) (Filed on 6/7/2019)
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| Filing 35 Minute Entry for proceedings held before Judge William Alsup: Motion Hearing re #10 MOTION to Dismiss held on 6/6/2019. Matter taken under submission. Initial Case Management Conference held on 6/6/2019, CASE REFERRED to private mediation. Jury Selection set for 10/19/2020 07:30 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Jury Trial set for 10/19/2020, 10/20/2020, 10/21/2020, 10/22/2020, 10/23/2020 07:30 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (Total Time in Court: 31 minutes.) Court Reporter: Katherine Sullivan. Plaintiff Attorney: Eric Przybysz. Defendant Attorney: Jessica Wilson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Date Filed: 6/6/2019) |
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Filing 34
CASE MANAGEMENT SCHEDULING ORDER: ORDER REFERRING CASE to Private ADR. Case referred to Private ADR. Final Pretrial Conference set for 10/7/2020 02:00 PM in San Francisco, Courtroom 12, 19th Floor. Jury Trial set for 10/19/2020 07:30 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Amended Pleadings due by 8/30/2019. Discovery due by 6/5/2020. Expert Witness List due by 6/5/2020. Motions due by 8/6/2020. Signed by Judge William Alsup on 5/6/2019. (whasec, COURT STAFF) (Filed on 6/6/2019)
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Filing 33
ORDER by Judge William Alsup granting #32 Motion for Pro Hac Vice as to attorney Eric Martin Przybysz. (tlhS, COURT STAFF) (Filed on 6/6/2019)
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| Filing 32 MOTION for leave to appear in Pro Hac Vice Eric Przybysz ( Filing fee $ 310, receipt number 0971-13406074.) Filing fee previously paid on 06/04/2019 filed by Kim Johnston. (Cutter, Margot) (Filed on 6/5/2019) |
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Filing 31
ORDER by Judge William Alsup denying #30 Motion for Pro Hac Vice as to attorney Eric Martin Przybysz. (tlhS, COURT STAFF) (Filed on 6/5/2019)
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| Filing 30 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13406074.) filed by Kim Johnston. (Cutter, Margot) (Filed on 6/4/2019) |
| Filing 29 NOTICE RE ORAL ARGUMENT [re #10 MOTION to Dismiss Plaintiff's Complaint filed by Medtronic, Inc., Covidien, LP]. Signed by Judge William Alsup on 6/4/2019. (whasec, COURT STAFF) (Filed on 6/4/2019) |
| Filing 28 NOTICE of Appearance by Margot P. Cutter (Cutter, Margot) (Filed on 6/3/2019) |
| Filing 27 JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order filed by Covidien, LP., Medtronic, Inc. and Kim Johnston. (Insogna, Katherine) (Filed on 5/30/2019) Modified on 5/30/2019 (amgS, COURT STAFF). |
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Filing 26
ORDER by Judge William Alsup granting #22 Motion for Pro Hac Vice as to attorney Jessica C. Wilson. (tlhS, COURT STAFF) (Filed on 5/23/2019)
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| Filing 25 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (McCarley, Matthew) (Filed on 5/22/2019) |
| Filing 24 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Insogna, Katherine) (Filed on 5/22/2019) |
| Filing 23 REPLY (re #10 MOTION to Dismiss Plaintiff's Complaint ) filed by Covidien, LP., Medtronic, Inc.. (Insogna, Katherine) (Filed on 5/22/2019) Modified on 5/22/2019 (amgS, COURT STAFF). |
| Filing 22 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13346305.) Filing fee previously paid on 5/14/2019 filed by Covidien, LP., Medtronic, Inc.. (Attachments: #1 Certificate of Good Standing)(Wilson, Jessica) (Filed on 5/21/2019) |
| Filing 21 NOTICE of Appearance by George J. Gigounas (Gigounas, George) (Filed on 5/20/2019) |
| Filing 20 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmfS, COURT STAFF) (Filed on 5/17/2019) |
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Filing 19
ORDER by Judge William Alsup denying #17 Motion for Pro Hac Vice as to Jessica C. Wilson. (tlhS, COURT STAFF) (Filed on 5/16/2019)
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| Filing 18 OPPOSITION/RESPONSE (re #10 MOTION to Dismiss Plaintiff's Complaint ) filed byKim Johnston. (Furness, Arati) (Filed on 5/15/2019) |
| Filing 17 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13346305.) filed by Covidien, LP., Medtronic, Inc.. (Attachments: #1 Certificate of Good Standing)(Wilson, Jessica) (Filed on 5/14/2019) |
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Filing 16
ORDER DENYING #15 STIPULATED REQUEST TO CONTINUE DEADLINE by Judge William Alsup. (whalc1, COURT STAFF) (Filed on 5/10/2019)
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| Filing 15 STIPULATION WITH PROPOSED ORDER re #10 MOTION to Dismiss Plaintiff's Complaint filed by Kim Johnston, Medtronic, Inc. and Covidien, L.P.. (Attachments: #1 Proposed Order, #2 Declaration)(Furness, Arati) (Filed on 5/10/2019) Modified on 5/10/2019 (amgS, COURT STAFF). |
| Filing 14 CLERK'S NOTICE SCHEDULING CMC ON REASSIGNMENT: Case Management Statement due by 5/30/2019. Initial Case Management Conference set for 6/6/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor. Standing orders can be downloaded from the Court's web page at www.cand.uscourts.gov/whaorders. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 4/25/2019) |
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Filing 13
ORDER GRANTING #12 STIPULATED REQUEST TO EXTEND TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS by Judge William Alsup. (whalc1, COURT STAFF) (Filed on 4/25/2019)
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| Filing 12 STIPULATION WITH PROPOSED ORDER re #10 MOTION to Dismiss Plaintiff's Complaint filed by Kim Johnston, Covidien LP and Medtronic Inc. (Furness, Arati) (Filed on 4/25/2019) Modified on 4/25/2019 (amgS, COURT STAFF). |
| Filing 11 Rule 7.1 Disclosures by Covidien, LP., Medtronic, Inc. identifying Corporate Parent Medtronic plc for Covidien, LP., Medtronic, Inc.. (Insogna, Katherine) (Filed on 4/11/2019) |
| Filing 10 MOTION to Dismiss Plaintiff's Complaint filed by Covidien, LP., Medtronic, Inc.. Motion Hearing set for 6/6/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 4/25/2019. Replies due by 5/2/2019. (Attachments: #1 Declaration of Katherine W. Insogna in Support of Defendants' Motion to Dismiss, #2 Exhibit A to Declaration of Katherine W. Insogna, #3 Proposed Order)(Insogna, Katherine) (Filed on 4/11/2019) |
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Filing 9
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup for all further proceedings. Magistrate Judge Robert M. Illman no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 4/8/19. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 4/8/2019)
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| Filing 8 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (glmS, COURT STAFF) (Filed on 4/5/2019) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kim Johnston.. (Furness, Arati) (Filed on 3/25/2019) |
| Filing 6 Summons Issued as to Covidien, LP., Medtronic, Inc.. (msrS, COURT STAFF) (Filed on 3/19/2019) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/11/2019. Initial Case Management Conference set for 6/18/2019 02:00 PM in McKinleyville. Parties may participate in the Initial Case Management Conference by telephone and should contact Judge Illman's courtroom deputy for instructions. (msrS, COURT STAFF) (Filed on 3/19/2019) |
| Filing 4 Case assigned to Magistrate Judge Robert M. Illman. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/1/2019. (haS, COURT STAFF) (Filed on 3/18/2019) |
| Filing 3 Proposed Summons. (Furness, Arati) (Filed on 3/18/2019) |
| Filing 2 Certificate of Interested Entities by Kim Johnston (Furness, Arati) (Filed on 3/18/2019) |
| Filing 1 COMPLAINT against Covidien, LP., Medtronic, Inc. ( Filing fee $ 400, receipt number 0971-13180304.). Filed byKim Johnston. (Attachments: #1 Civil Cover Sheet)(Furness, Arati) (Filed on 3/18/2019) |
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