Burton et al v. Lincare Inc.
Plaintiff: Stephen Burton and Victor Juarez
Defendant: Lincare Inc.
Case Number: 5:2022cv04763
Filed: August 19, 2022
Court: US District Court for the Northern District of California
Presiding Judge: Edward J Davila
Referring Judge: Virginia K DeMarchi
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 4, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 4, 2022 Remark - Case transferred from California Northern has been opened in Middle District of Florida as case 8:22-cv-02276, filed 10/04/2022. (cv, COURT STAFF) (Filed on 10/4/2022)
October 3, 2022 Opinion or Order Filing 18 Order Granting #17 PLAINTIFF AND DEFENDANTS' STIPULATION TO TRANSFER VENUE. Signed by Judge Edward J. Davila on 10/3/2022. (ejdlc1, COURT STAFF) (Filed on 10/3/2022)
September 28, 2022 Filing 17 STIPULATION WITH PROPOSED ORDER Stipulation to Transfer Venue with Supporting Points and Authorities filed by Lincare Inc.. (Attachments: #1 1 Dec. of Prentis Brooks, #2 2 Chang Order, #3 Proposed Order)(Hurst, Wesley) (Filed on 9/28/2022)
September 28, 2022 Filing 16 NOTICE by Lincare Inc. re #2 Notice (Other) Defendant Lincare Inc.s Amended Notice of Pendency of Other Actions or Proceedings (Hurst, Wesley) (Filed on 9/28/2022)
September 9, 2022 Filing 15 STIPULATION re #13 Amended Complaint Stipulation for Extension of Time for Defendant Lincare Inc. to Respond to Plaintiff's First Amended Class Complaint filed by Lincare Inc.. (Hurst, Wesley) (Filed on 9/9/2022)
September 2, 2022 Filing 14 NOTICE of Appearance by Alyssa M. Engstrom Notice of Appearance or Withdrawal of Counsel (Attachments: #1 Certificate/Proof of Service)(Engstrom, Alyssa) (Filed on 9/2/2022)
August 29, 2022 Filing 13 AMENDED COMPLAINT First against Lincare Inc.. Filed byStephen Burton, Victor Juarez. (Treglio, James) (Filed on 8/29/2022)
August 24, 2022 Filing 12 CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Initial Case Management Conference set for 12/8/2022 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 11/28/2022 The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 8/24/2022)
August 24, 2022 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 Edward J. Davila for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi remains as referral judge assigned to case. Reassignment Order signed by Clerk on 8/24/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 8/24/2022)
August 24, 2022 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. This is a text only docket entry; there is no document associated with this notice. (amk, COURT STAFF) (Filed on 8/24/2022)
August 23, 2022 Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lincare Inc... (Engstrom, Alyssa) (Filed on 8/23/2022)
August 22, 2022 Filing 8 STIPULATION Stipulation for Extension of Time for Defendant Lincare Inc. to Respond to Plaintiffs Complaint filed by Lincare Inc.. (Hurst, Wesley) (Filed on 8/22/2022)
August 19, 2022 Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/15/2022. Initial Case Management Conference set for 11/22/2022 01:30 PM in San Jose, Courtroom 2, 5th Floor. (cv, COURT STAFF) (Filed on 8/19/2022)
August 19, 2022 Filing 6 CERTIFICATE OF SERVICE by Lincare Inc. re #5 Certificate of Service, #1 Notice of Removal, #2 Notice (Other), #4 Certificate of Interested Entities, 3 Case Assigned by Intake,, Certificate of Service of Notice to Superior Court and Adverse Parties of Removal to Federal Court (Hurst, Wesley) (Filed on 8/19/2022)
August 19, 2022 Filing 5 CERTIFICATE OF SERVICE by Lincare Inc. re #2 Notice (Other), #4 Certificate of Interested Entities, #1 Notice of Removal, (Hurst, Wesley) (Filed on 8/19/2022)
August 19, 2022 Filing 4 Certificate of Interested Entities by Lincare Inc. identifying Corporate Parent Lincare Holdings Inc. for Lincare Inc.. re #2 Notice (Other), #1 Notice of Removal, (Hurst, Wesley) (Filed on 8/19/2022)
August 19, 2022 Filing 3 Case assigned to Magistrate Judge Virginia K. DeMarchi. 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 9/2/2022. (bw, COURT STAFF) (Filed on 8/19/2022)
August 19, 2022 Filing 2 NOTICE by Lincare Inc. re #1 Notice of Removal, Notice of Pendency of Other Action or Proceeding (Hurst, Wesley) (Filed on 8/19/2022)
August 19, 2022 Filing 1 NOTICE OF REMOVAL from Santa Cruz County Superior Court. Their case number is 22CV01547. (Filing fee $402 receipt number ACANDC-17457383). Filed byLincare Inc.. (Attachments: #1 Exhibit A to Notice of Removal, #2 Civil Cover Sheet)(Hurst, Wesley) (Filed on 8/19/2022)

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Plaintiff: Stephen Burton
Represented By: James Michael Treglio
Represented By: Mark Dee Potter
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Plaintiff: Victor Juarez
Represented By: James Michael Treglio
Represented By: Mark Dee Potter
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Defendant: Lincare Inc.
Represented By: Wesley Douglas Hurst
Represented By: Alyssa M. Engstrom
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