Lowery v. Fresenius Medical Care of North America et al
| Veronica Lowery |
| Bio-Medical Applications of Los Gatos, Inc., Bio-Medical Applications of California, Inc. and Fresenius Medical Care of North America |
| 5:2018cv00042 |
| January 3, 2018 |
| US District Court for the Northern District of California |
| San Jose Office |
| Sacramento |
| Susan van Keulen |
| Labor: Other |
| 28 U.S.C. § 1441 Petition for Removal- Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 21, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| ***Vacating 4/3/18 Initial CMC and 3/13/18 Motion to Dismiss. Pursuant to ECF No. #17 . (ofr, COURT STAFF) (Filed on 2/21/2018) |
| Filing 17 STIPULATION OF DISMISSAL WITH PREJUDICE UNDER RULE 41(a)(1)(A)(ii) filed by Veronica Lowery. (Friedman, Todd) (Filed on 2/20/2018) |
| Filing 16 Request for Judicial Notice re #15 MOTION to Dismiss the First Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted (FRCP 12(b)(6)); Memorandum of Points and Authorities in Support Thereof filed byBio-Medical Applications of California, Inc., Bio-Medical Applications of Los Gatos, Inc., Fresenius Medical Care of North America. (Related document(s) #15 ) (Stern, David) (Filed on 2/6/2018) |
| Filing 15 MOTION to Dismiss the First Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted (FRCP 12(b)(6)); Memorandum of Points and Authorities in Support Thereof filed by Bio-Medical Applications of California, Inc., Bio-Medical Applications of Los Gatos, Inc., Fresenius Medical Care of North America. Motion Hearing set for 3/13/2018 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 2/20/2018. Replies due by 2/27/2018. (Attachments: #1 Proposed Order)(Stern, David) (Filed on 2/6/2018) |
| Filing 14 CLERK'S NOTICE RE COURT TERMINATING PENDING MOTION TO DISMISS AS MOOT: Given the filing of an amended complaint as of right, the court terminates the pending #7 motion to dismiss as moot. Accordingly, the March 13, 2018 hearing is hereby vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Filed on 2/5/2018) |
| Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Veronica Lowery.. (Friedman, Todd) (Filed on 1/24/2018) |
| Filing 12 AMENDED COMPLAINT against Bio-Medical Applications of California, Inc., Bio-Medical Applications of Los Gatos, Inc., Fresenius Medical Care of North America. Filed byVeronica Lowery. (Friedman, Todd) (Filed on 1/23/2018) |
| Filing 11 CLERK'S SECOND NOTICE DIRECTING PLAINTIFF VERONICA LOWERY TO FILE A CONSENT OR DECLINATION TO PROCEED BEFORE A MAGISTRATE JUDGE WITHIN SEVEN DAYS OF THIS NOTICE: At filing, this matter was randomly assigned to United States Magistrate Judge Susan van Keulen for all purposes including trial. A Motion to Dismiss (ECF #7 ) has been scheduled for 3/13/2018 at 10:00 AM. Pursuant to 28 U.S.C. Section 636, the Magistrate Judge cannot decide this motion unless all parties consent to proceed before a Magistrate Judge. Plaintiff shall file a consent or declination to proceed before a Magistrate Judge by 1/25/2018. Please note that any party is free to withhold consent to proceed before a Magistrate Judge without adverse substantive consequences. Form is attached and also available at: http://cand.uscourts.gov/civilforms. (ofr, COURT STAFF) (Filed on 1/18/2018) |
| Filing 10 CLERK'S NOTICE DIRECTING PLAINTIFF VERONICA LOWERY TO FILE A CONSENT OR DECLINATION TO PROCEED BEFORE A MAGISTRATE JUDGE WITHIN SEVEN DAYS OF THIS NOTICE: Plaintiff Veronica Lowery shall file a consent or declination to proceed before a magistrate judge by 1/17/2018. Please note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. Form is attached and also available at: http://cand.uscourts.gov/civilforms. (ofr, COURT STAFF) (Filed on 1/10/2018) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bio-Medical Applications of California, Inc., Bio-Medical Applications of Los Gatos, Inc., Fresenius Medical Care of North America.. (Stern, David) (Filed on 1/10/2018) |
| Filing 8 Request for Judicial Notice re #7 MOTION to Dismiss the Complaint for Failure to State a Claim Upon Which Relief Can Be Granted (FRCP 12(b)(6)) filed byBio-Medical Applications of California, Inc., Bio-Medical Applications of Los Gatos, Inc., Fresenius Medical Care of North America. (Attachments: #1 Exhibit 1)(Related document(s) #7 ) (Stern, David) (Filed on 1/10/2018) |
| Filing 7 MOTION to Dismiss the Complaint for Failure to State a Claim Upon Which Relief Can Be Granted (FRCP 12(b)(6)) filed by Bio-Medical Applications of California, Inc., Bio-Medical Applications of Los Gatos, Inc., Fresenius Medical Care of North America. Motion Hearing set for 3/13/2018 10:00 AM in Courtroom 6, 4th Floor, San Jose before Magistrate Judge Susan van Keulen. Responses due by 1/24/2018. Replies due by 1/31/2018. (Attachments: #1 Declaration of Philip Martineau, #2 Exhibit 1 to Declaration of Philip Martineau, #3 Proposed Order)(Stern, David) (Filed on 1/10/2018) |
| Filing 6 CERTIFICATE OF SERVICE by Bio-Medical Applications of California, Inc., Bio-Medical Applications of Los Gatos, Inc., Fresenius Medical Care of North America of Magistrate Judge Susan van Keulen's Standing Orders and all other new case documents (Stern, David) (Filed on 1/4/2018) |
| Filing 5 CERTIFICATE OF SERVICE by Bio-Medical Applications of California, Inc., Bio-Medical Applications of Los Gatos, Inc., Fresenius Medical Care of North America of Removal Documents Filed with Superior Court (Stern, David) (Filed on 1/4/2018) |
| Filing 3 Case assigned to Magistrate Judge Susan van Keulen. 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 1/18/2018. (jmlS, COURT STAFF) (Filed on 1/4/2018) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/27/2018. Initial Case Management Conference set for 4/3/2018 09:30 AM in Courtroom 6, 4th Floor, San Jose. (bwS, COURT STAFF) (Filed on 1/3/2018) |
| Filing 2 Certificate of Interested Entities by Bio-Medical Applications of California, Inc., Bio-Medical Applications of Los Gatos, Inc., Fresenius Medical Care of North America and Disclosure Statement (Stern, David) (Filed on 1/3/2018) |
| Filing 1 NOTICE OF REMOVAL from Santa Clara Superior Court. Their case number is 17CV320000. (Filing fee $400 receipt number 0971-11992811). Filed byBio-Medical Applications of Los Gatos, Inc., Bio-Medical Applications of California, Inc., Fresenius Medical Care of North America. (Attachments: #1 Exhibit 1 - Complaint, Summons, Other Documents and Orders Served Upon Defendants, #2 Exhibit 2 - Notice to Superior Court Clerk and Plaintiffs of Removal, #3 Declaration of Brian Silva in Support of Defendants' Notice of Removal, #4 Civil Cover Sheet)(Stern, David) (Filed on 1/3/2018) |
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