Boyer et al v. Abbott Vascular, Inc., et al
| Rebecca S Boyer and Roy Leon Boyer |
| Abbott Laboratories Inc., Abbott Vascular Inc. and Abbott Laboratories |
| 3:2023cv00838 |
| February 24, 2023 |
| US District Court for the Northern District of California |
| Alex G Tse |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on June 29, 2023. A more recent docket listing may be available from PACER.
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Filing 51
Order by Magistrate Judge Alex G. Tse granting in part and denying in part #50 Stipulation on Briefing Schedule and Alternative Dispute Resolution. (agtlc1, COURT STAFF) (Filed on 4/4/2023)
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| Filing 50 STIPULATION WITH PROPOSED ORDER ON BRIEFING SCHEDULE FOR DEFENDANT'S MOTION TO DISMISS AND ALTERNATIVE DISPUTE RESOLUTION filed by Abbott Vascular Inc.. (Mooney, Brian) (Filed on 4/3/2023) |
| Filing 49 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Rebecca S Boyer.. (Frate, Joseph) (Filed on 3/15/2023) |
| Filing 48 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Abbott Vascular Inc... (Mooney, Brian) (Filed on 3/15/2023) |
| Filing 47 CLERK'S NOTICE TO PLAINTIFFS AND DEFENDANTS Re: Consent or Declination. Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge by 3/16/2023. 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. (shy, COURT STAFF) (Filed on 3/2/2023) |
| Filing 46 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/19/2023. Initial Case Management Conference set for 5/26/2023 02:00 PM in San Francisco, Courtroom A, 15th Floor. (hdj, COURT STAFF) (Filed on 2/24/2023) |
| Filing 45 Case transferred in from District of Illinois Northern; Case Number 1:22-cv-04772. Original file certified copy of transfer order and docket sheet received. |
| Filing 44 TRANSFERRED to the Northern District of California the electronic record. (exr, ) |
| Filing 43 MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. Defendant does not oppose Plaintiff's motion to transfer venue #35 . Therefore, Plaintiff's motion to transfer venue is granted. Any responsive pleading to the amended complaint is stayed. The Court hereby orders that this case be transferred to the Northern District of California forthwith. Civil case terminated. Mailed notice. (dm, ) |
| Filing 42 First AMENDED complaint by Rebecca S Boyer, Roy Leon Boyer against Abbott Vascular, Inc. and terminating Abbott Laboratories (Ulwick, James) |
| Filing 41 REPLY by Rebecca S Boyer, Roy Leon Boyer to response in opposition to motion #38 Plaintiff's Reply Brief (Attachments: #1 Exhibit Exhibit A)(Ulwick, James) |
| Filing 40 MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. For the reasons stated on the record, Plaintiffs are to file an amended complaint by 2/14/23. Telephonic status is continued to 2/21/23 at 9:30am. Parties should call 866-434-5269; access code 3751971. Defendant to report whether supplemental briefing regarding the motion to transfer is necessary. Mailed notice. (dm, ) |
| Filing 39 MINUTE entry before the Honorable Mary M. Rowland: Status hearing set for 2/7/23 is reset to 9:30am. (Please Note Time Change) The hearing will be held telephonically. Parties should call 866-434-5269; access code 3751971. Mailed notice. (dm, ) |
| Filing 38 RESPONSE by Abbott Vascular, Inc.in Opposition to MOTION by Plaintiffs Rebecca S Boyer, Roy Leon Boyer to transfer case #35 (Jones, Stephanie) |
| Filing 37 MINUTE entry before the Honorable Mary M. Rowland: This case has been reassigned to Judge Rowland. Response to motion to transfer is due 1/26/23. Reply is due 2/9/23. The court will rule by mail. Mailed notice. (dm, ) |
| Filing 36 MEMORANDUM by Rebecca S Boyer, Roy Leon Boyer in support of motion to transfer case #35 (Attachments: #1 Exhibit A)(Ulwick, James) |
| Filing 35 MOTION by Plaintiffs Rebecca S Boyer, Roy Leon Boyer to transfer case (Ulwick, James) |
| Filing 34 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Mary M. Rowland for all further proceedings pursuant to IOP 13(f). Honorable Andrea R. Wood no longer assigned to the case. Signed by the Executive Committee on 1/3/2023. (exr, ) |
| Filing 33 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
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Filing 32
ORDER OF THE EXECUTIVE COMMITTEE. The Honorable Gary S. Feinerman will resign his Commission as a United States District Judge effective December 31, 2022. IT IS HEREBY ORDERED That the civil cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). IT IS ALSO ORDERED That any civil case that was assigned to the Honorable Gary S. Feinerman and may require further judicial action in the future, shall be reassigned by lot to a judge of this Court. Case reassigned to the Honorable Andrea R. Wood for all further proceedings. Honorable Gary Feinerman no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 12/28/2022. (rp, )
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| Filing 31 MINUTE entry before the Honorable Gary Feinerman:By 12/21/2022, Defendant Abbott Vascular, Inc. shall file a Jurisdictional Addendum to the Notice of Removal that alleges Plaintiff's citizenship (as opposed to her residence).Mailed notice. (jlj, ) |
| Filing 30 MEMORANDUM Opinion and Order written by the Honorable Gary Feinerman on 12/14/2022.Mailed notice.(jlj, ) |
| Filing 29 MINUTE entry before the Honorable Gary Feinerman:For the reasons set forth in the accompanying Memorandum Opinion and Order, Plaintiff's request to remand this case to state court #18 is denied; Defendant Abbott Laboratories, Inc.'s motion to dismiss #2 is granted; Plaintiff's motion for leave to file an amended complaint #19 is granted; and Defendant Abbott Vascular's motion to dismiss #8 is denied as moot, without prejudice to renewal once Plaintiff files an amended complaint. Plaintiff shall file her amended complaint by 1/4/2023. Defendant(s) shall file a responsive pleading by 1/25/2023. The Clerk is directed to terminate Abbott Laboratories, Inc. as a party defendant, and to style the caption to make Abbott Vascular, Inc., the lead defendant. The status hearing set for 12/20/2022 #28 is stricken and re-set for 2/7/2023 at 9:00 a.m. By 1/31/2023, the the parties shall file a joint status report using the form on Judge Feinerman's web page on this District's website. Mailed notice. (jlj, ) |
| Filing 28 MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. Status hearing set for 12/20/2022 at 9:30 a.m. Motions #28 , #8 , and #19 are taken under advisement. Attorneys/Parties should appear for the 12/20/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, ) |
| Filing 27 MINUTE entry before the Honorable Gary Feinerman:Motion to appear pro hac vice #26 is granted. Mailed notice. (jlj, ) |
| Filing 26 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20045632. (Frate, Joseph) |
| Filing 25 MINUTE entry before the Honorable Gary Feinerman:The motion hearing set for 11/17/2022 at 9:30 a.m. #15 #20 is re-set for 9:40 a.m. TIME CHANGE ONLY. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, ) |
| Filing 24 REPLY by Plaintiffs Rebecca S Boyer, Roy Leon Boyer to motion for leave to file #19 (Ulwick, James) |
| Filing 23 REPLY by Defendant Abbott Laboratories, Inc. to Motion to Dismiss for Failure to State a Claim #2 (Jones, Stephanie) |
| Filing 22 REPLY by Defendant Abbott Vascular, Inc. to motion to dismiss/lack of jurisdiction #8 In Support (Jones, Stephanie) |
| Filing 21 MEMORANDUM by Abbott Laboratories, Inc., Abbott Vascular, Inc. in Opposition to motion for leave to file #19 (Jones, Stephanie) |
| Filing 20 MINUTE entry before the Honorable Gary Feinerman: Motion for leave to file #19 is entered and continued. Defendants shall respond to the motion by 10/31/2022; Plaintiff shall reply by 11/8/2022. Motion hearing set for 11/17/2022 at 9:30 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, ) |
| Filing 19 MOTION by Plaintiffs Rebecca S Boyer, Roy Leon Boyer for leave to file First Amended Complaint and for Other Miscellaneous Relief (Attachments: #1 Exhibit A)(Ulwick, James) |
| Filing 18 RESPONSE by Rebecca S Boyer, Roy Leon Boyerin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Abbott Laboratories, Inc., Abbott Vascular, Inc. #2 (Ulwick, James) |
| Filing 17 RESPONSE by Rebecca S Boyer, Roy Leon Boyerin Opposition to MOTION by Defendants Abbott Vascular, Inc., Abbott Laboratories, Inc. to dismiss for lack of jurisdiction #8 (Ulwick, James) |
| Filing 16 First AMENDED complaint by Rebecca S Boyer, Roy Leon Boyer against Abbott Laboratories, Inc., Abbott Vascular, Inc., Abbott Laboratories (Ulwick, James) |
| Filing 15 MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time #14 is granted. The briefing schedules are amended as follows. Plaintiff shall respond to Defendants' motions to dismiss #2 #8 by 10/18/2022; Defendants shall reply by 11/8/2022. The motion hearing set for 10/25/2022 #7 #13 is stricken and re-set for 11/17/2022 at 9:30 a.m. Attorneys/Parties should appear for the 11/17/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, ) |
| Filing 14 MOTION by Plaintiffs Rebecca S Boyer, Roy Leon Boyer for extension of time to file response/reply as to order on motion to dismiss/lack of jurisdiction,,,, set/reset hearings,,, #12 , terminate hearings,,,, set/reset hearings,,, #13 (Joint Motion to Extend Briefing Schedule) (Ulwick, James) |
| Filing 13 MINUTE entry before the Honorable Gary Feinerman:The motion hearing set for 10/26/2022 #12 is re-set for 10/25/2022 at 9:00 a.m. Attorneys/Parties should appear for the 10/25/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, ) |
| Filing 12 MINUTE entry before the Honorable Gary Feinerman:Motion to dismiss for lack of jurisdiction #8 is entered and continued. Plaintiff shall respond to the motion by 10/4/2022; Defendant Abbott Vascular shall reply by 10/18/2022. Motion hearing set for 10/26/2022 at 9:00 a.m.Mailed notice. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. (jlj, ) |
| Filing 11 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Abbott Laboratories, Inc. (Jones, Stephanie) |
| Filing 10 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Abbott Vascular, Inc. (Jones, Stephanie) |
| Filing 9 MEMORANDUM by Abbott Laboratories, Inc., Abbott Vascular, Inc. in support of motion to dismiss/lack of jurisdiction #8 (Jones, Stephanie) |
| Filing 8 MOTION by Defendants Abbott Vascular, Inc., Abbott Laboratories, Inc. to dismiss for lack of jurisdiction (Jones, Stephanie) |
| Filing 7 MINUTE entry before the Honorable Gary Feinerman:Motion to dismiss #2 is entered and continued. Plaintiff shall respond by 10/4/2022; Defendant Abbott Laboratories, Inc., shall reply by 10/18/2022. In her response brief, Plaintiff shall address, among any other issues she wishes to address, Defendant Abbott Vascular's submission #1 that Abbott Laboratories, Inc., has been fraudulently joined. Defendant Abbott Vascular may file a responsive brief on the fraudulent joinder issue by 10/18/2022. Motion hearing set for 10/25/2022 at 9:00 a.m. Attorneys/Parties should appear for the 10/25/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, ) |
| Filing 6 MAILED Notice of Removal letter to counsel of record (exr, ) |
| CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (jb, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (exr, ) |
| Filing 5 ATTORNEY Appearance for Defendant Abbott Vascular, Inc. by Stephanie Frances Jones (Attachments: #1 Certificate of Service)(Jones, Stephanie) |
| Filing 4 ATTORNEY Appearance for Defendant Abbott Laboratories, Inc. by Stephanie Frances Jones (Attachments: #1 Certificate of Service)(Jones, Stephanie) |
| Filing 3 MEMORANDUM by Abbott Laboratories, Inc., Abbott Vascular, Inc. in support of Motion to Dismiss for Failure to State a Claim #2 (Attachments: #1 Exhibit 1)(Jones, Stephanie) |
| Filing 2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Abbott Laboratories, Inc., Abbott Vascular, Inc. (Jones, Stephanie) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, County Department, Law Division, case number (2022L004944) filed by Abbott Laboratories, Inc., Abbott Vascular, Inc. Filing fee $ 402, receipt number AILNDC-19812309. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet, #4 Declaration of Jessica H. Paik, #5 Declaration of Stephanie Jones)(Jones, Stephanie) |
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