Smith v. Medtronic, Inc.
Plaintiff: Mia Inez Smith and Makia Raquel Smith
Defendant: Medtronic, Inc., Medtronic USA, Inc., Covidien LP and Covidien Sales LLC
Case Number: 4:2022cv09179
Filed: December 30, 2022
Court: US District Court for the Northern District of California
Presiding Judge: Joseph C Spero
Referring Judge: Jeffrey S White
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 27, 2023 Opinion or Order Filing 16 OPPOSITION/RESPONSE (re #15 MOTION to Dismiss Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities ISO Motion to Dismiss Plaintiffs' First Amended Complaint ) filed byMakia Raquel Smith, Mia Inez Smith. (Antunovich, Tom) (Filed on 2/27/2023)
February 10, 2023 Opinion or Order Filing 15 MOTION to Dismiss Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities ISO Motion to Dismiss Plaintiffs' First Amended Complaint filed by Covidien LP, Covidien Sales LLC, Medtronic USA, Inc., Medtronic, Inc.. Motion Hearing set for 3/24/2023 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 2/24/2023. Replies due by 3/3/2023. (Attachments: #1 Declaration Declaration of Edward Gaus in Support of Defendant Medtronic Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Proposed Order Granting Defendant Medtronic Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint)(Healy, Michael) (Filed on 2/10/2023)
January 20, 2023 Opinion or Order Filing 14 CERTIFICATE OF SERVICE by Makia Raquel Smith, Mia Inez Smith re #12 Order. (Antunovich, Tom) (Filed on 1/20/2023) Modified on 1/23/2023 (mcl, COURT STAFF).
January 20, 2023 Opinion or Order Filing 13 AMENDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL against Covidien LP, Covidien Sales LLC, Medtronic USA, Inc., Medtronic, Inc.. Filed byMia Inez Smith, Makia Raquel Smith. (Antunovich, Tom) (Filed on 1/20/2023)
January 17, 2023 Opinion or Order Filing 12 ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT signed by Judge Jeffrey S. White on 1/17/2023. Joint Case Management Statement due by 3/24/2023. Initial Case Management Conference set for 3/31/2023 11:00 AM 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/jsw Court Appearances: Advanced notice is required 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. One list of names of all counsel appearing for all parties must be sent to the CRD at jswcrd@cand.uscourts.gov no later than March 27, 2023 at 12:00 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/. (kkp, COURT STAFF) (Filed on 1/17/2023)
January 13, 2023 Opinion or Order Filing 11 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Joseph C. Spero 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 01/13/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 1/13/2023)
January 13, 2023 Opinion or Order Filing 10 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. (klh, COURT STAFF) (Filed on 1/13/2023)
January 12, 2023 Opinion or Order Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Covidien LP, Covidien Sales LLC, Medtronic USA, Inc., Medtronic, Inc... (Gaus, Edward) (Filed on 1/12/2023)
January 6, 2023 Opinion or Order Filing 8 Order. Signed 1/6/2023 by Chief Magistrate Judge Joseph C. Spero granting #7 Stipulation to Extend Responsive Pleading Deadline.(klh, COURT STAFF) (Filed on 1/6/2023)
January 5, 2023 Opinion or Order Filing 7 STIPULATION WITH PROPOSED ORDER EXTENDING RESPONSIVE PLEADING DEADLINE filed by Covidien LP, Covidien Sales LLC, Medtronic USA, Inc., Medtronic, Inc.. (Healy, Michael) (Filed on 1/5/2023)
January 3, 2023 Opinion or Order Filing 6 CERTIFICATE OF SERVICE by Covidien LP, Covidien Sales LLC, Medtronic USA, Inc., Medtronic, Inc. re #5 Initial Case Management Scheduling Order with ADR Deadlines, #3 Civil Cover Sheet, #1 Notice of Removal, 4 Case Assigned by Intake,, and Standing Orders (Gaus, Edward) (Filed on 1/3/2023)
January 3, 2023 Opinion or Order Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/24/2023. Initial Case Management Conference set for 3/31/2023 02:00 PM. (mcl, COURT STAFF) (Filed on 1/3/2023)
January 3, 2023 Opinion or Order #Electronic filing error. Filer is reminded to enter ALL parties as named in the Complaint. State court information should also be entered in the case opening screen. Cor rected by Clerk's Office. No further action is necessary. Re: #1 Notice of Removal, filed by Medtronic, Inc. (mcl, COURT STAFF) (Filed on 1/3/2023)
December 30, 2022 Opinion or Order Filing 4 Case assigned to Magistrate Judge Joseph C. Spero. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/13/2023. (mbc, COURT STAFF) (Filed on 12/30/2022)
December 30, 2022 Opinion or Order Filing 3 Civil Cover Sheet by Medtronic, Inc. . (Gaus, Edward) (Filed on 12/30/2022)
December 30, 2022 Opinion or Order Filing 2 Civil Cover Sheet by Medtronic, Inc. . (Gaus, Edward) (Filed on 12/30/2022)
December 30, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL from Alameda County Superior Court. Their case number is 22CV022523. (Filing fee $402 receipt number ACANDC-17860722). Filed byMedtronic, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - State Court Filings)(Gaus, Edward) (Filed on 12/30/2022)
December 30, 2022 Opinion or Order #Electronic filing error. Please resubmit Civil Cover Sheet. Use October 2020 form which can be downloaded from https://www.cand.uscourts.gov/. No judge assignment will be made unt il the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet Re: #2 Civil Cover Sheet filed by Medtronic, Inc. (mbc, COURT STAFF) (Filed on 12/30/2022)

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Plaintiff: Mia Inez Smith
Represented By: Tom G. Antunovich
Represented By: Brian D. Chase
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Plaintiff: Makia Raquel Smith
Represented By: Tom G. Antunovich
Represented By: Brian D. Chase
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Defendant: Medtronic, Inc.
Represented By: Edward Bohatch Gaus
Represented By: Michael F. Healy
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Defendant: Medtronic USA, Inc.
Represented By: Edward Bohatch Gaus
Represented By: Michael F. Healy
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Defendant: Covidien LP
Represented By: Edward Bohatch Gaus
Represented By: Michael F. Healy
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Defendant: Covidien Sales LLC
Represented By: Edward Bohatch Gaus
Represented By: Michael F. Healy
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