Garcia et al v. Boehringer Ingelheim Pharmaceuticals, Inc., et al
| Heidi W Sermersheim, Wayne Riley, Marvin M D'Amore, Charles E Burrows, Jacque T Dannelley, Janet Brown, Jean M Weller, Nelson Jr Ray, Walter Montgomery, Philip Hilow, Sherry A Gaba, Deshawn Lemmons, Tracy A Wright, Kathy Thomas, Clarissa Wygal, Madeline Shirey, Donna F Hartman, Sandra Damron, Sylvia V Lennox, Charles L Sloan, Anita Kristensen, Joseph A Blash, III, Julia E Kaiser, Bonnie D Powers, Lisa McCormick, Terry VanKirk, Antonina-Ann Sankewitsch, Kathryn R Meadows, Marshall L Edwards, Arron R Gaylord, Mary Houde, Gary J Martin, Linda G George, Magdalena Mendoza, Marvin L White, Barbara J Beatty, Lawrence D Zink Jr, Fernando Garcia, Dorothy R Stagner, Charles Wood, Thomas Bobnes, Chanda D Platt, Beatriz Tekunoff, Jodell Jennifer Boehlke, Erwin Porter, Cynthia E Jefferson, Hope B Brustein, Dolores F Holguin and Rose M Kennedy |
| Pfizer Inc., incorrectly designated as Doe 4, Safeway, Inc., Kaiser Permanente International, Sanofi-Aventis U.S. LLC, incorrectly designated as Doe 6, Boehringer Ingelheim Pharmaceuticals, Inc., incorrectly designated as Doe 1, Grocery Outlet, Boehringer Ingelheim USA Corporation, incorrectly designated as Doe 2, DOES 7-100 inclusive, The Vons Companies, Inc., Michael A Laos, Sanofi US Services Inc., incorrectly designated as Doe 5, GlaxoSmithKline LLC, incorrectly designated as Doe 3, Safeway Health, Inc., GlaxoSmithKline LLC, Sanofi-Aventis U.S. LLC, Sanofi US Services Inc., Boehringer Ingelheim USA Corporation, Pfizer Inc. and Boehringer Ingelheim Pharmaceuticals, Inc. |
| 3:2020cv07267 |
| October 16, 2020 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Susan Illston |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on December 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 36 Acknowledgement of Receipt from Alameda County Superior Court. (gbaS, COURT STAFF) (Filed on 12/21/2020) |
| Filing 35 Certified copies of #34 Remand Order and Docket Sheet sent to Alameda County Superior Court. (gbaS, COURT STAFF) (Filed on 11/13/2020) |
Filing 34
ORDER GRANTING PLAINTIFFS' COMBINED EX PARTE APPLICATION TO REMAND CASES TO STATE COURT granting (24) Ex Parte Application ; finding as moot (4) Motion to Stay in case 3:20-cv-07266-SI; granting (32) Ex Parte Application ; finding as moot (4) Motion to Stay in case 3:20-cv-07267-SI; finding as moot (4) Motion to Stay in case 3:20-cv-07268-SI; granting (24) Ex Parte Application ; finding as moot (6) Motion to Stay in case 3:20-cv-07270-SI; finding as moot (6) Motion to Stay; granting (28) Ex Parte Application in case 3:20-cv-07271-SI; granting (23) Ex Parte Application ; finding as moot (4) Motion to Stay in case 3:20-cv-07272-SI; finding as moot (24) Ex Parte Application ; finding as moot (8) Motion to Stay in case 3:20-cv-07274-SI; finding as moot (10) Motion to Stay; granting (24) Ex Parte Application in case 3:20-cv-07276-SI; granting (23) Ex Parte Application ; finding as moot (6) Motion to Stay in case 3:20-cv-07277-SI; granting (23) Ex Parte Application ; finding as moot (5) Motion to Stay; finding as moot (11) Motion to Stay in case 3:20-cv-07280-SI; finding as moot (8) Motion to Stay; granting (26) Ex Parte Application in case 3:20-cv-07282-SI; granting (24) Ex Parte Application ; finding as moot (9) Motion to Stay in case 3:20-cv-07283-SI; granting (26) Ex Parte Application ; finding as moot (4) Motion to Stay in case 3:20-cv-07287-SI; granting (29) Ex Parte Application ; finding as moot (6) Motion to Stay in case 3:20-cv-07291-SI. Signed by Judge Susan Illston on 11/12/2020. (ecS, COURT STAFF) (Filed on 11/12/2020)
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| Filing 32 Ex Parte Application to Strike Removal and Remand Case filed by Barbara J Beatty, Joseph A Blash, III, Thomas Bobnes, Jodell Jennifer Boehlke, Janet Brown, Hope B Brustein, Charles E Burrows, Marvin M D'Amore, Sandra Damron, Jacque T Dannelley, Marshall L Edwards, Sherry A Gaba, Fernando Garcia, Arron R Gaylord, Linda G George, Donna F Hartman, Philip Hilow, Dolores F Holguin, Mary Houde, Cynthia E Jefferson, Julia E Kaiser, Rose M Kennedy, Anita Kristensen, Deshawn Lemmons, Sylvia V Lennox, Gary J Martin, Lisa McCormick, Kathryn R Meadows, Magdalena Mendoza, Walter Montgomery, Chanda D Platt, Erwin Porter, Bonnie D Powers, Nelson Jr Ray, Wayne Riley, Antonina-Ann Sankewitsch, Heidi W Sermersheim, Madeline Shirey, Charles L Sloan, Dorothy R Stagner, Beatriz Tekunoff, Kathy Thomas, Terry VanKirk, Jean M Weller, Marvin L White, Charles Wood, Tracy A Wright, Clarissa Wygal, Lawrence D Zink Jr. (Attachments: #1 Proposed Order)(Wisner, Robert) (Filed on 11/4/2020) |
| Filing 31 COMBINED OPPOSITION/RESPONSE (re #4 MOTION to Stay) filed by Fernando Garcia. (Wisner, Robert) (Filed on 10/30/2020) Modified on 10/30/2020 (gbaS, COURT STAFF). |
| Filing 30 CLERKS NOTICE SETTING ZOOM HEARING. Motion to Stay All Proceedings Pending Transfer to Multidistrict Litigation Hearing set for 11/20/2020 at 10:00 AM before Judge Susan Illston. 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/si Court Appearances: Advanced notice is re quired of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at sicrd@cand.uscourts.gov no later than November 18, 2020 at 2:00 PM PST.General Order 58. 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 11/20/2020 10:00 A M in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecS, COURT STAFF) (Filed on 10/26/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 29 Renotice motion hearing re #4 MOTION to Stay All Proceedings Pending Transfer to Multidistrict Litigation filed bySanofi US Services Inc., Sanofi-Aventis U.S. LLC. (Related document(s) #4 ) (Mayo, Sharon) (Filed on 10/23/2020) |
| Filing 28 Case reassigned to Judge Susan Illston. Judge William Alsup 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. (haS, COURT STAFF) (Filed on 10/23/2020) |
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Filing 27
Order by Judge Susan Illston granting (43) Motion to Relate Case in case 3:20-cv-03913-SI.Associated Cases: 3:20-cv-03913-SI, 3:20-cv-07266-LB, 3:20-cv-07267-WHA, 3:20-cv-07270-LB, 3:20-cv-07272-SK, 3:20-cv-07274-LB, 3:20-cv-07276-JCS, 3:20-cv-07277-SK, 3:20-cv-07280-SK, 3:20-cv-07291-EMC, 4:20-cv-07268-KAW, 4:20-cv-07271-YGR, 4:20-cv-07282-DMR, 4:20-cv-07283-KAW, 4:20-cv-07287-PJH(ecS, COURT STAFF) (Filed on 10/23/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 26 CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. The Initial Case Management Conference set for 1/14/2021 is continued to 1/21/2021 at 11:00 AM. Case Management Statement due by 1/14/2021. Standing orders can be downloaded from the Court's webpage at www.cand.uscourts.gov/whaorders. All pending motions will be taken offcalendar and must be renoticed by the moving party for a new hearing date on a Thursday at 08:00 AM. The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the renotice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 73. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852Access Code: 3707514The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(amd2S, COURT STAFF) (Filed on 10/22/2020) |
| Filing 25 Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 1/7/2021. Initial Case Management Conference set for 1/14/2021 11:00 AM in San Francisco, Courtroom 12, 19th Floor. (Attachments: #1 Notice of Eligibility for Video Recording) (gbaS, COURT STAFF) (Filed on 10/21/2020) |
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Filing 24
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup for all further proceedings. Judge Maxine M. Chesney no longer assigned to 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 Clerk on 10/21/20. (Attachments: #1 Notice of Eligibility for Video Recording)(asS, COURT STAFF) (Filed on 10/21/2020)
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Filing 23
ORDER OF RECUSAL. Signed by Judge Maxine M. Chesney on October 21, 2020. (mmclc2, COURT STAFF) (Filed on 10/21/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 22
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Maxine M. Chesney for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to 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 Clerk on 10/21/20 (Attachments: #1 Notice of Eligibility for Video Recording)(asS, COURT STAFF) (Filed on 10/21/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 21 EXHIBIT 1 to #20 Notice of Administrative Motion to Consider Whether Cases Should be Related Pursuant to Civil L.R. 3-12 filed by GlaxoSmithKline LLC. (Related document(s) #20 ) (Tam, Jonathan) (Filed on 10/21/2020) Modified on 10/21/2020 (gbaS, COURT STAFF). |
| Filing 20 NOTICE of Administrative Motion to Consider Whether Cases should be Related Pursuant to Civil L.R. 3-12 by GlaxoSmithKline LLC (Tam, Jonathan) (Filed on 10/21/2020) Modified on 10/21/2020 (gbaS, COURT STAFF). |
| Filing 19 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. (ejkS, COURT STAFF) (Filed on 10/20/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by GlaxoSmithKline LLC.. (Tam, Jonathan) (Filed on 10/20/2020) |
| Filing 17 CERTIFICATE OF SERVICE by GlaxoSmithKline LLC re #1 Notice of Removal, #4 MOTION to Stay (Tam, Jonathan) (Filed on 10/20/2020) |
| Filing 16 Rule 7.1 Disclosures by Boehringer Ingelheim Pharmaceuticals, Inc., incorrectly designated as Doe 1, Boehringer Ingelheim USA Corporation, incorrectly designated as Doe 2 identifying Corporate Parent Boehringer Ingelheim International GMBH for Boehringer Ingelheim USA Corporation, incorrectly designated as Doe 2; Corporate Parent Boehringer Ingelheim Corporation, Corporate Parent Boehringer Ingelheim USA Corporation for Boehringer Ingelheim Pharmaceuticals, Inc., incorrectly designated as Doe 1. (Attachments: #1 Certificate/Proof of Service)(Shortnacy, Michael) (Filed on 10/19/2020) |
| Filing 15 NOTICE of Appearance by Michael Brian Shortnacy (Shortnacy, Michael) (Filed on 10/19/2020) |
| Filing 14 Corporate Disclosure Statement by Sanofi-Aventis U.S. LLC, incorrectly designated as Doe 6 identifying Corporate Parent Sanofi for Sanofi-Aventis U.S. LLC, incorrectly designated as Doe 6. (Mayo, Sharon) (Filed on 10/19/2020) |
| Filing 13 Corporate Disclosure Statement by Sanofi US Services Inc., incorrectly designated as Doe 5 identifying Corporate Parent Sanofi for Sanofi US Services Inc., incorrectly designated as Doe 5. (Mayo, Sharon) (Filed on 10/19/2020) |
| Filing 12 CLERKS NOTICE SETTING MOTION HEARING. Motion Hearing #4 MOTION to Stay set for 12/3/2020 at 9:30 AM before Magistrate Judge Laurel Beeler. The briefing schedule remains the same. 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/lb General Order 58. 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/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 10/19/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 11 Rule 7.1 Disclosures by Pfizer Inc., incorrectly designated as Doe 4 (Rydstrom, Jessica) (Filed on 10/19/2020) |
| Filing 10 NOTICE of Appearance by Jessica Bodger Rydstrom for Defendant Pfizer Inc., incorrectly designated as Doe 4 (Rydstrom, Jessica) (Filed on 10/19/2020) |
| Filing 9 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants 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 10/23/2020. (ejkS, COURT STAFF) (Filed on 10/16/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 8 NOTICE of Appearance by Sharon D. Mayo (Mayo, Sharon) (Filed on 10/16/2020) |
| Filing 7 NOTICE of Appearance by Tommy Huynh (Huynh, Tommy) (Filed on 10/16/2020) |
| Filing 6 NOTICE of Appearance by Kathryn Marie Podsiadlo (Podsiadlo, Kathryn) (Filed on 10/16/2020) |
| Filing 5 Case assigned to Magistrate Judge Laurel Beeler. 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 10/30/2020. (mbcS, COURT STAFF) (Filed on 10/16/2020) |
| Filing 4 MOTION to Stay All Proceedings Pending Transfer to Multidistrict Litigation; Memorandum of Points and Authorities in support filed by GlaxoSmithKline LLC, incorrectly designated as Doe 3. Responses due by 10/30/2020. Replies due by 11/6/2020. (Attachments: #1 Proposed Order)(Tam, Jonathan) (Filed on 10/16/2020) Modified on 10/21/2020 (gbaS, COURT STAFF). |
| Filing 3 Rule 7.1 Disclosures by GlaxoSmithKline LLC, incorrectly designated as Doe 3 identifying Corporate Parent Glaxosmithkline plc for GlaxoSmithKline LLC, incorrectly designated as Doe 3. (Tam, Jonathan) (Filed on 10/16/2020) |
| Filing 2 NOTICE of Appearance by Jonathan S. Tam (Tam, Jonathan) (Filed on 10/16/2020) |
| Filing 1 NOTICE OF REMOVAL of Action; Demand for Jury Trial from Superior Court of California, County of Alameda. Their case number is RG20073715. (Filing fee $400.00, receipt number 0971-15073015). Filed by GlaxoSmithKline LLC, incorrectly designated as Doe 3. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (Tam, Jonathan) (Filed on 10/16/2020) Modified on 10/21/2020 (gbaS, COURT STAFF). |
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