Nichols v. Covidien LP et al
| Donald Nichols |
| Covidien Sales LLC, Medtronic, Inc, Covidien LP and Covidien Holding, Inc. |
| 3:2020cv06836 |
| September 30, 2020 |
| US District Court for the Northern District of California |
| Edward M Chen |
| Robert M Illman |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1391 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 14, 2021. A more recent docket listing may be available from PACER.
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Filing 38
Stipulated Protective Order granting #37 . Signed by Judge Edward M. Chen on 5/14/2021.(afmS, COURT STAFF) (Filed on 5/14/2021)
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| Filing 37 STIPULATION WITH PROPOSED ORDER PROPOSED STIPULATED PROTECTIVE ORDER filed by Covidien Holding, Inc., Covidien LP, Covidien Sales LLC, Medtronic, Inc. (Gaus, Edward) (Filed on 5/10/2021) |
| Filing 36 ANSWER to Amended Complaint byCovidien Holding, Inc., Covidien LP, Covidien Sales LLC, Medtronic, Inc. (Gaus, Edward) (Filed on 3/12/2021) |
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Filing 35
ORDER by Judge Edward M. Chen Granting in Part and Denying in Part #27 Defendants' Motion to Dismiss. (emcsec, COURT STAFF) (Filed on 2/26/2021)
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Filing 34
CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL: Motions due by 1/20/2022. Motion Hearing set for 2/24/2022 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Close of Fact Discovery due by 12/2/2021. Close of Expert Discovery due by 1/13/2022. Final Pretrial Conference set for 5/10/2022 02:30 PM in San Francisco, Courtroom 05, 17th Floor. Jury Selection/Jury Trial set for 6/6/2022 08:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Further Jury Trial set for 6/7/2022, 6/8/2022, 6/10/2022, 6/13/2022, 6/14/2022, 6/15/2022, 6/17/2022 08:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Signed by Judge Edward M. Chen on 2/11/2021. (afmS, COURT STAFF) (Filed on 2/11/2021)
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| Filing 33 Minute Entry for proceedings held before Judge Edward M. Chen: Initial Case Management Conference held on 2/11/2021; Motion Hearing held on 2/11/2021 re #27 MOTION to Dismiss Second Amended Complaint filed by Covidien Sales LLC, Covidien Holding, Inc., Covidien LP, Medtronic, Inc. Court takes #27 Motion to Dismiss under submission. Case REFERRED to Private ADR; Jury Selection/Jury Trial set for 6/6/2022 08:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Scheduling Order to issue. Further Status Conference set for 8/19/2021 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Joint Status Report due by 8/12/2021. See pdf image for further details.Total Time in Court: 30 Minutes. Court Reporter: Ruth Ekhaus. Plaintiff Attorney: Pete Kaufman. Defendant Attorney: Edward Gaus. Attachment: Minute Order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Date Filed: 2/11/2021) (afmS, COURT STAFF). |
| Filing 32 CLERKS NOTICE CONVERTING HEARINGS TO ZOOM HEARING. Motion Hearing re: #27 Motion to Dismiss and Initial Case Management Conference set for 2/11/2021 01:30 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. b> Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. #27 MOTION to Dismiss Second Amended Complaint. Initial Case Management Conference set for 2/11/2021 01:30 PM in San Francisco, - Videoconference Only. Motion Hearing set for 2/11/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 2/7/2021) |
| Set Deadlines/Hearings: Initial Case Management Conference set for 2/11/2021 01:30 PM in San Francisco, - Videoconference Only. (afmS, COURT STAFF) (Filed on 2/7/2021) |
| Filing 31 JOINT CASE MANAGEMENT STATEMENT filed by Covidien Holding, Inc., Covidien LP, Covidien Sales LLC, Medtronic, Inc. (Gaus, Edward) (Filed on 2/4/2021) |
| Filing 30 REPLY (re #27 MOTION to Dismiss Second Amended Complaint ) filed byCovidien Holding, Inc., Covidien LP, Covidien Sales LLC, Medtronic, Inc. (Attachments: #1 Declaration Declaration of Edward Gaus, #2 Proposed Order Proposed Order Granting Motion)(Healy, Michael) (Filed on 1/26/2021) |
| Filing 29 OPPOSITION/RESPONSE (re #27 MOTION to Dismiss Second Amended Complaint ) filed byDonald Nichols. (Attachments: #1 Declaration of Peter L. Kaufman, #2 Proposed Order)(Kaufman, Peter) (Filed on 1/19/2021) |
| Filing 28 CLERK'S NOTICE MOVING MOTION HEARING FROM 2/4/2021 TO 2/11/2021: Pursuant to Local Rule 7-2(a), motion hearing re: #27 set for 2/4/2021 is moved to 2/11/2021. Briefing deadlines remain unchanged. #27 MOTION to Dismiss Second Amended Complaint. Motion Hearing set for 2/11/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 1/5/2021) |
| Filing 27 MOTION to Dismiss Second Amended Complaint filed by Covidien Holding, Inc., Covidien LP, Covidien Sales LLC, Medtronic, Inc. Motion Hearing set for 2/4/2021 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 1/19/2021. Replies due by 1/26/2021. (Healy, Michael) (Filed on 1/4/2021) |
| Filing 26 STATUS REPORT Pursuant to Federal Rule of Civil Procedure 26(f) (Joint Report) by Covidien Holding, Inc., Covidien LP, Covidien Sales LLC, Medtronic, Inc. (Gaus, Edward) (Filed on 12/22/2020) |
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Filing 25
ORDER granting #24 Stipulation filed by Covidien Sales LLC, Covidien Holding, Inc., Covidien LP, Medtronic, Inc. Response due 1/4/2021. Signed by Judge Edward M. Chen on 12/18/2020. (afmS, COURT STAFF) (Filed on 12/18/2020)
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| Filing 24 STIPULATION re #23 Amended Complaint to Extend Time to Respond filed by Covidien Holding, Inc., Covidien LP, Covidien Sales LLC, Medtronic, Inc. (Gaus, Edward) (Filed on 12/18/2020) |
| Filing 23 AMENDED COMPLAINT against All Defendants. Filed byDonald Nichols. (Kaufman, Peter) (Filed on 12/10/2020) |
| Filing 22 CLERK'S NOTICE: Pursuant to #20 and #21 , hearing re #18 MOTION to Dismiss filed by Covidien Holding, Inc., Covidien LP, Covidien Sales LLC, Medtronic, Inc. is terminated. Parties reserve their right to refile their motion to dismiss the amended complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 12/4/2020) |
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Filing 21
ORDER GRANTING #20 STIPULATION FOR LEAVE TO FILE PLAINTIFFS' SECOND AMENDED COMPLAINT. Signed by Judge Edward M. Chen on 12/4/2020.(afmS, COURT STAFF) (Filed on 12/4/2020)
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| Filing 20 STIPULATION WITH PROPOSED ORDER FOR LEAVE TO FILE PLAINTIFFS' SECOND AMENDED COMPLAINT filed by Donald Nichols. (Attachments: #1 Exhibit 1 - Second Amended Complaint, #2 Proposed Order)(Kaufman, Peter) (Filed on 12/2/2020) |
| Filing 19 Request for Judicial Notice re #18 MOTION to Dismiss filed byCovidien Holding, Inc., Covidien LP, Covidien Sales LLC, Medtronic, Inc. (Related document(s) #18 ) (Healy, Michael) (Filed on 11/20/2020) |
| Filing 18 MOTION to Dismiss filed by Covidien Holding, Inc., Covidien LP, Covidien Sales LLC, Medtronic, Inc. Motion Hearing set for 1/28/2021 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 12/4/2020. Replies due by 12/11/2020. (Healy, Michael) (Filed on 11/20/2020) |
| Filing 17 CLERK'S NOTICE: Hearing on #10 Motion to Dismiss set for 12/3/2020 is vacated in light of Amended Complaint. Motion is terminated. Initial Case Management Conference set for 12/3/2020 is vacated and rescheduled for 2/11/2021 09:30 AM by Videoconference Only. Joint Case Management Statement due by 2/4/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 11/10/2020) |
| Filing 16 AMENDED COMPLAINT against All Defendants. Filed byDonald Nichols. (Kaufman, Peter) (Filed on 11/6/2020) |
| Filing 15 CLERK'S NOTICE SETTING INITIAL CASE MANAGEMENT CONFERENCE: Initial Case Management Conference set for 12/3/2020 01:30 PM by Videoconference Only. Joint Case Management Statement due by 11/25/2020. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. Per sons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 11/25/2020. Initial Case Management Conference set for 12/3/2020 01:30 PM by Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.). (afmS, COURT STAFF) (Filed on 10/29/2020) |
| Filing 14 CLERK'S NOTICE SETTING MOTION HEARING: Motion Hearing re: #10 MOTION to Dismiss Complaint set for 12/3/2020 01:30 PM by Videoconference Only before Judge Edward M. Chen. Briefing remains unchanged. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 5 8. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 12/3/2020 01:30 PM by Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 10/29/2020) |
| Filing 13 Renotice motion hearing re #10 MOTION to Dismiss Complaint filed byCovidien Holding, Inc., Covidien LP, Covidien Sales LLC, Medtronic, Inc. (Attachments: #1 Proposed Order Granting Defendants' Motion to Dismiss)(Related document(s) #10 ) (Healy, Michael) (Filed on 10/28/2020) |
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Filing 12
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen 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 10/26/20. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 10/26/2020)
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| Filing 11 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 10/26/2020) |
| Filing 10 MOTION to Dismiss Complaint filed by Covidien Holding, Inc., Covidien LP, Covidien Sales LLC, Medtronic, Inc. Motion Hearing set for 12/1/2020 11:00 AM in McKinleyville before Magistrate Judge Robert M. Illman. Responses due by 11/6/2020. Replies due by 11/13/2020. (Attachments: #1 Proposed Order Granting Defendant's Motion to Dismiss)(Healy, Michael) (Filed on 10/23/2020) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Covidien Holding, Inc., Covidien LP, Covidien Sales LLC, Medtronic, Inc.. (Healy, Michael) (Filed on 10/23/2020) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Donald Nichols.. (Kaufman, Peter) (Filed on 10/14/2020) |
| Filing 7 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 10/28/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glmS, COURT STAFF) (Filed on 10/14/2020) |
| Filing 6 Summons Issued as to Covidien Holding, Inc., Covidien LP, Covidien Sales LLC, Medtronic, Inc. (fabS, COURT STAFF) (Filed on 10/1/2020) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/22/2020. Initial Case Management Conference set for 12/29/2020 02:00 PM in McKinleyville. (fabS, COURT STAFF) (Filed on 10/1/2020) |
| 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 10/14/2020. (asS, COURT STAFF) (Filed on 9/30/2020) |
| Filing 3 Proposed Summons. (Attachments: #1 Summons)(Kaufman, Peter) (Filed on 9/30/2020) |
| Filing 2 Civil Cover Sheet by Donald Nichols . (Kaufman, Peter) (Filed on 9/30/2020) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-15005838.). Filed byDonald Nichols. (Kaufman, Peter) (Filed on 9/30/2020) |
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