Johnston v. Covidien, LP. et al

Plaintiff: Kim Johnston
Defendant: Covidien, LP. and Medtronic, Inc.
Case Number: 3:2019cv01419
Filed: March 18, 2019
Court: US District Court for the Northern District of California
Presiding Judge: William Alsup
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on July 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 11, 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)
June 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)
June 27, 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)
June 17, 2019 Filing 37 NOTICE of Appearance by Eric Martin Przybysz (Przybysz, Eric) (Filed on 6/17/2019)
June 7, 2019 Opinion or Order 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)
June 6, 2019 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)
June 6, 2019 Opinion or Order 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)
June 6, 2019 Opinion or Order 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)
June 5, 2019 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)
June 5, 2019 Opinion or Order 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)
June 4, 2019 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)
June 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)
June 3, 2019 Filing 28 NOTICE of Appearance by Margot P. Cutter (Cutter, Margot) (Filed on 6/3/2019)
May 30, 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).
May 23, 2019 Opinion or Order 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)
May 22, 2019 Filing 25 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (McCarley, Matthew) (Filed on 5/22/2019)
May 22, 2019 Filing 24 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Insogna, Katherine) (Filed on 5/22/2019)
May 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).
May 21, 2019 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)
May 20, 2019 Filing 21 NOTICE of Appearance by George J. Gigounas (Gigounas, George) (Filed on 5/20/2019)
May 17, 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)
May 16, 2019 Opinion or Order 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)
May 15, 2019 Filing 18 OPPOSITION/RESPONSE (re #10 MOTION to Dismiss Plaintiff's Complaint ) filed byKim Johnston. (Furness, Arati) (Filed on 5/15/2019)
May 14, 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)
May 10, 2019 Opinion or Order Filing 16 ORDER DENYING #15 STIPULATED REQUEST TO CONTINUE DEADLINE by Judge William Alsup. (whalc1, COURT STAFF) (Filed on 5/10/2019)
May 10, 2019 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).
April 25, 2019 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)
April 25, 2019 Opinion or Order 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)
April 25, 2019 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).
April 11, 2019 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)
April 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)
April 8, 2019 Opinion or Order 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)
April 5, 2019 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)
March 25, 2019 Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kim Johnston.. (Furness, Arati) (Filed on 3/25/2019)
March 19, 2019 Filing 6 Summons Issued as to Covidien, LP., Medtronic, Inc.. (msrS, COURT STAFF) (Filed on 3/19/2019)
March 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)
March 18, 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)
March 18, 2019 Filing 3 Proposed Summons. (Furness, Arati) (Filed on 3/18/2019)
March 18, 2019 Filing 2 Certificate of Interested Entities by Kim Johnston (Furness, Arati) (Filed on 3/18/2019)
March 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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Defendant: Covidien, LP.
Represented By: Katherine Insogna
Represented By: Jessica C. Wilson
Represented By: George J. Gigounas
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Defendant: Medtronic, Inc.
Represented By: Katherine Insogna
Represented By: Jessica C. Wilson
Represented By: George J. Gigounas
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Plaintiff: Kim Johnston
Represented By: Arati Chauhan Furness
Represented By: Margot P. Cutter
Represented By: Eric Martin Przybysz
Represented By: Matthew Ryan McCarley
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