Flores v. Amylin Pharmaceuticals, Inc. et al
| Elena Flores |
| Amylin Pharmaceuticals, Inc., Does 1 to 20 and Eli Lilly and Company |
| 3:2008cv01652 |
| September 9, 2008 |
| US District Court for the Southern District of California |
| Personal Inj. Prod. Liability Office |
| XX US, Outside State |
| MJ Bencivengo |
| M James Lorenz |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Defendant |
Docket Report
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This docket was last retrieved on August 23, 2010. A more recent docket listing may be available from PACER.
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Filing 56
ORDER Granting #55 Joint MOTION to Dismiss with Prejudice: The Clerk of the Court is directed to close this case. Signed by Judge M. James Lorenz on 8/23/2010.(mjj) (jrl).
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| Filing 55 Joint MOTION to Dismiss with Prejudice by Amylin Pharmaceuticals, Inc.. (Goetz, Richard) (mjj) |
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Filing 53
ORDER Granting #52 Unopposed Application for Approval of Minor Settlement and Directing the Closing of this Case: The Clerk of the Court is directed to close this case. Signed by Judge M. James Lorenz on 7/26/2010. (mjj)(mam).
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| Filing 52 MOTION Approval of Minor Settlement by Elena Flores. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Declaration, #8 Declaration)(Buchanan, G.) (mjj) |
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Filing 51
ORDER Granting #50 Joint Motion for Leave to File Under Seal the Unopposed Application for Approval of Minor Settlement: Plaintiffs shall electronically file the redacted unopposed application for approval of minor settlement and the declarations of G. Kevin Buchanan and Antonia Flores no later than 2:00 p.m. PST; the sealed exhibits nos. 1, 4-6, shall be filed in paper format pursuant to Civil Local Rule 79.2 no later than July 28, 2010. Signed by Judge M. James Lorenz on 7/26/2010. (mjj) (av1).
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| Filing 50 Ex Parte MOTION to Seal / Joint Motion for Leave to File Under Seal ; Memorandum of Points and Authorities in Support Thereof by Amylin Pharmaceuticals, Inc.. (Attachments: #1 Attachments A thru C to Ex Parte Motion to Seal, #2 Proof of Service)(Goetz, Richard) Modified on 7/22/2010 - sent email re exhibits (mjj) |
| Filing 49 NOTICE of Appearance by Richard Blair Goetz on behalf of Amylin Pharmaceuticals, Inc. (Goetz, Richard) (mjj) |
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Filing 48
ORDER denying #47 without prejudice Joint Motion for Leave to File under seal the unopposed application for approval of minor settlement. Signed by Judge M. James Lorenz on 7/15/10. (lao) (jrl).
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| Filing 47 Joint MOTION for Leave to File under seal by Elena Flores. (Buchanan, G.) (mjj) |
| Filing 46 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: A Settlement Disposition Conference was held on 6/25/2010. The parties represented that the documentation for the settlement is almost completed. Resolution involves the compromise of the claim of a minor. The parties will file a joint application for approval of the minor's compromise no later than July 12, 2010.(aet) |
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Filing 45
ORDER Granting Parties' #44 Second Joint Motion for Extension of Time of Settlement Disposition Conference: The Settlement Disposition conference currently set for April 27, 2010 is HEREBY CONTINUED to June 25, 2010 at 9:30 a.m. Signed by Magistrate Judge Cathy Ann Bencivengo on 4/23/2010. (mjj) (jrl).
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| Filing 44 Joint MOTION - Parties' Second Joint Motion for Extension of Time of Settlement Disposition Conference re #43 Order on Motion for Miscellaneous Relief,, by Elena Flores. (Buchanan, G.) Modified on 4/26/2010 to clarify text (mjj) |
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Filing 43
ORDER Granting #42 Joint Motion for Extension of Time of Settlement Disposition Conference: The Settlement Disposition conference currently set for February 26, 2010 is HEREBY CONTINUED to April 27, 2010, at 1:30 p.m. The conference shall be telephonic, with attorneys only. Pursuant to this courts previous settlement disposition conference order #40 , if the dismissal documents are submitted on or before April 26, 2010, the settlement disposition conference shall be vacated. Signed by Magistrate Judge Cathy Ann Bencivengo on 2/19/2010. (mjj) (jrl).
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| Filing 42 Joint MOTION Extension of Time for Settlement Disposition Conference re #40 Order, Set Hearings,, by Elena Flores. (Buchanan, G.) (mjj) |
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Filing 41
ORDER Denying Without Prejudice #34 Motion to Dismiss: Currently set for hearing on January 11, 2010 is defendants motion to dismiss. On December 28, 2009, plaintiffs filed a notice of settlement. Accordingly, defendants motion to dismiss is DENIED without prejudice. Signed by Judge M. James Lorenz on 1/4/10. (mjj) (jrl).
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Filing 40
ORDER scheduling Settlement Disposition Conference: If a Joint Motion for Dismissal and proposed order for dismissal are not submitted on or before February 25, 2010, then a Settlement Disposition Conference shall be held on 2/26/2010 01:30 PM before Magistrate Judge Cathy Ann Bencivengo. The conference shall be telephonic, with attorneys only. Counsel for plaintiffs shall initiate and coordinate the conference call. Signed by Magistrate Judge Cathy Ann Bencivengo on 12/29/2009.(mjj) (jrl).
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| Filing 39 NOTICE of Settlement by Elena Flores (Buchanan, G.) Modified on 12/29/2009 - sent email re signature certification (mjj) |
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Filing 38
ORDER Granting #37 Joint Motion to Continue Hearing on Defendant's Motion to Dismiss. The October 19, 2009 hearing on this motion is reset for January 11, 2010. Signed by Judge M. James Lorenz on 10/2/09. (cap) (kaj).
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| Filing 37 Joint MOTION to Continue Hearing On Defendants' Motion To Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted [F.R.C.P. 12(b)(6)] by Elena Flores. (Buchanan, G.) missing s/signature (lao). |
| Filing 36 NOTICE of Change of Address by G. Kevin Buchanan (Buchanan, G.) (mkz). |
| Filing 35 CERTIFICATE OF SERVICE by Amylin Pharmaceuticals, Inc. re #34 MOTION to Dismiss and Notice for Failure to State a Claim Upon which Relief can be Granted [F.R.C.P. 12(b)(6)] (Currey, Brian) Modified on 8/6/2009 to remove duplicate text (mjj) |
| Filing 34 MOTION to Dismiss and Notice for Failure to State a Claim Upon which Relief can be Granted [F.R.C.P. 12(b)(6)] by Amylin Pharmaceuticals, Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Dismiss, #2 Request for Judicial Notice, #3 Declaration of Brian Currey in Support of Motion to Dismiss, #4 Exhibit A to Currey Declaration, #5 Exhibit B to Currey Declaration, #6 Exhibit C to Currey Declaration, #7 Exhibit D to Currey Declaration, #8 Exhibit E to Currey Declaration, #9 Exhibit F to Currey Declaration)(Currey, Brian) Modified on 8/4/2009 - sent email re table of contents and instructing to file proof (mjj) |
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Filing 33
ORDER LIFTING STAY And Requiring Response to the Amended Complaint: On its own motion, the Court LIFTS THE STAY entered in this action. IT IS FURTHER ORDERED that defendants shall respond to the Amended Complaint within ten calendar days from the filing of this Order. Signed by Judge M. James Lorenz on 7/23/2009. (mjj)(jrl).
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| Filing 32 NOTICE by Eli Lilly and Company Notice of United States Supreme Court Decision in Wyeth v. Levine (Kwuon, Janet) (mjj) |
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Filing 31
ORDER Denying Without Prejudice #21 Motion to Dismiss or in the Alternative, to Stay Action: The parties filed a joint motion to stay this action which the Court granted on December 12, 2008. As a result of the joint motion, defendants motion to dismiss or in the alternative to stay the action is DENIED WITHOUT PREJUDICE. Signed by Judge M. James Lorenz on 12/29/2008. (mjj)
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Filing 30
Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Rejecting Document: #28 [Proposed] Order to Stay (filed as Joint Motion to Stay) from Defendant Eli Lilly and Company. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature - proposed orders are NOT to be electronically filed, but instead emailed directly to the judicial officer. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 12/15/2008. (mjj)
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Filing 29
ORDER Granting #27 Joint Motion to Stay Action: The parties joint motion to stay this action pending a decision from the United States Supreme Court in Wyeth v. Levine is GRANTED. Signed by Judge M. James Lorenz on 12/12/2008. (mjj)
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| Filing 28 Document Stricken from the Record pursuant to #30 Order - Joint MOTION to Stay re #27 Joint MOTION to Stay Litigation Pending United States Supreme Court Decision in Wyeth v. Levine (Proposed) Order Granting by Eli Lilly and Company. (Stanley, David) (Attachment(s) added on 12/15/2008 to replace stricken document) (mjj). Modified on 12/15/2008 to add striking text (mjj) |
| Filing 27 Joint MOTION to Stay Litigation Pending United States Supreme Court Decision in Wyeth v. Levine by Eli Lilly and Company. (Stanley, David) (mjj) |
| Filing 26 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: Case Management Conference held on 12/8/2008. In light of Defendants' Motion to Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted Or, In The Alternative, To Stay #21 , no scheduling order was issued. Discovery is stayed, and the parties are directed to contact chambers to schedule a status conference within 5 court days of an order on the pending motion, unless directed otherwise by the District Judge. (ma) |
| Filing 25 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: Based on request of the parties, the time of the Case Management Conference scheduled for December 8, 2008 shall be CHANGED to 1:30 p.m. (ma) |
| Filing 24 NOTICE of Joinder by Eli Lilly and Company to Defendant Amylin Pharmaceuticals's Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted (Kwuon, Janet) (mjj) |
| Filing 23 CERTIFICATE OF SERVICE by Amylin Pharmaceuticals, Inc. [ Re Docket Entries 21 & 22 ] (Currey, Brian) (mjj) |
| Filing 22 NOTICE of Party With Financial Interest by Amylin Pharmaceuticals, Inc. / [F.R.C.P.7.1; CIV. L.R. 40.2] (Currey, Brian) (mjj) |
| Filing 21 MOTION to Dismiss / And Notice For Failure To State A Claim Upon Which Relief Can Be Granted [F.R.C.P.12(b)(6) Or, In The Alternative, To Stay by Amylin Pharmaceuticals, Inc.. (Attachments: #1 Declaration Of Currey, #2 Exhibit A Of Currey Declaration, #3 Exhibit B Of Currey Declaration, #4 Exhibit C Of Currey Declaration, #5 Exhibit D Of Currey Declaration, #6 Exhibit E Of Currey Declaration, #7 Exhibit F Of Currey Declaration, #8 Exhibit G of Currey Declaration, #9 Memo of Points and Authorities, #10 Request for Judicial Notice)(Currey, Brian) (mjj) |
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Filing 20
ORDER Granting #19 Joint Motion for Extension of Time for Defendant Eli Lilly and Company to Respond to the First Amended Complaint: Eli Lilly and Company shall file its answer or other response to the first amended complaint on or before November 19, 2008. Signed by Judge M. James Lorenz on 11/17/2008. (mjj)
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| Filing 19 Joint MOTION for Extension of Time to File Response/Reply to Plaintiffs' First Amended Complaint by Elena Flores, Eli Lilly and Company. (Kwuon, Janet) (mjj) |
| Filing 18 WAIVER OF SERVICE by Amylin Pharmaceuticals, Inc. Returned Executed by Elena Flores. (Buchanan, G.) Modified on 10/30/2008 to clarify text (mjj) |
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Filing 17
ORDER Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Case Management Conference. On 10/20/08 the Court held an Early Neutral Evaluation Conference. The case did not settle. A telephonic Case Management Conference is set for 12/8/2008 09:30 AM before Magistrate Judge Cathy Ann Bencivengo. Signed by Magistrate Judge Cathy Ann Bencivengo on 10/20/2008. (All non-registered users served via U.S. Mail Service).(mjj)
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| Filing 16 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: Early Neutral Evaluation Conference held on 10/20/2008. Order to follow. (ma) |
| Filing 15 Summons on First Amended Complaint Issued as to Amylin Pharmaceuticals, Inc., Eli Lilly and Company. (mjj) |
| Filing 14 AMENDED COMPLAINT with Jury Demand against all defendants, filed by Elena Flores. (Attachments: #1 Proof of Service)(Buchanan, G.) (mjj) |
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Filing 13
ORDER Granting #12 Unopposed Motion for Leave to File First Amended Complaint: Plaintiffs shall file their first amended complaint within five days of the filing of this Order. Signed by Judge M. James Lorenz on 10/14/2008. (All non-registered users served via U.S. Mail Service).(mjj)
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| Filing 12 MOTION for Leave to File Plaintiffs' First Amended Complaint by Elena Flores. (Attachments: #1 Exhibit)(Buchanan, G.) Modified on 10/15/2008 - sent email re attaching p's & a's (mjj) |
| Filing 11 PRO HAC VICE APPOINTED: Melissa J. Bellan appearing for Plaintiff Elena Flores (All non-registered users served via U.S. Mail Service).(mkz) |
| Filing 10 PRO HAC VICE APPOINTED: G. Kevin Buchanan appearing for Plaintiff Elena Flores (All non-registered users served via U.S. Mail Service).(mkz) |
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Filing 9
ORDER Denying #6 Joint Motion to Continue the Early Neutral Evaluation Conference: The ENE shall be CONVERTED to a telephonic conference, with attorneys only. Counsel for Defendant Eli Lilly shall coordinate and initiate the conference call. Signed by Magistrate Judge Cathy Ann Bencivengo on 10/7/2008. (All non-registered users served via U.S. Mail Service).(mjj)
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Filing 8
Notice of Document Discrepancy and Order Thereon by Magistrate Judge Cathy Ann Bencivengo Rejecting Document: #7 Order Granting Joint Ex Parte Motion to Continue the Early Neutral Evaluation Conference from Defendant Eli Lilly and Company. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature, ECF 2(a),(g): Docket entry does not accurately reflect the document filed. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. **Per the Electronic Case Filing Administrative Policies and Procedures Manual, proposed order should only be emailed to chambers, not filed.** Signed by Magistrate Judge Cathy Ann Bencivengo on 10/6/2008. (All non-registered users served via U.S. Mail Service).(mjj)
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| Filing 7 Document Stricken from the Record pursuant to #8 Order - MOTION for Order Granting Joint Ex Parte Motion to Continue the Early Neutral Evaluation Conference by Eli Lilly and Company. (Kwuon, Janet) (Attachment(s) added on 10/6/2008 to replace stricken document) (mjj). Modified on 10/6/2008 to add striking text (mjj) |
| Filing 6 Ex Parte MOTION to Continue the early neutral evaluation conference by Eli Lilly and Company. (Kwuon, Janet) Modified on 10/7/2008 - sent email re separate attachments (mjj) |
| Filing 5 CERTIFICATE OF SERVICE by Eli Lilly and Company re #1 Notice of Removal - Certificate of Service of Notice to the Clerk of the Superior Court of San Diego County and to Adverse Party of Removal to Federal Court under 28 U.S.C. 1441(B) (Diversity) (Kwuon, Janet) (mjj) |
| Filing 4 DEMAND for Trial by Jury by Eli Lilly and Company. (Kwuon, Janet) Modified on 9/24/2008 - sent email re electronic signature (mjj) |
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Filing 3
Notice and ORDER for Early Neutral Evaluation Conference: Early Neutral Evaluation set for 10/20/2008 10:00 AM before Magistrate Judge Cathy Ann Bencivengo. Signed by Magistrate Judge Cathy Ann Bencivengo on 9/11/2008. (All non-registered users served via U.S. Mail Service).(mjj)
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| Filing 2 NOTICE of Party With Financial Interest by Eli Lilly and Company re #1 Notice of Removal. (knh) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California - San Diego County, case number 37-2008-00089261-CU-PO-CTL. ( Filing fee $ 350 Receipt number 154863), filed by Eli Lilly and Company. t/w answer. (knh) (kaj). |
| ANSWER to Complaint with Jury Demand by Eli Lilly and Company (in Notice of Removal).(knh) |
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