Walker v. Stryker Corporation et al
| Kyle Walker |
| Stryker Corporation, Stryker Employment Company, LLC, Does 1 to 20 and Howmedica Osteonics Corp. |
| 3:2022cv00264 |
| February 25, 2022 |
| US District Court for the Southern District of California |
| Michael M Anello |
| Jill L Burkhardt |
| David D Leshner |
| Labor: Other |
| 28 U.S.C. § 1441 lm Removal- Labor/Mgmt. Relations |
| Both |
Docket Report
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Filing 47
Minute Order following Status Conference. A Status Conference was held on September 14, 2022. For the reasons discussed at the conference, and good cause appearing, the Court hereby ORDERS that: (1) The parties must bring any dispute regarding defendants' responses to plaintiff's first set of interrogatories and first set of requests for production to the Court's attention on or before October 7, 2022; (2) the parties must exchange the expert disclosures required by Federal Rule of Civil Procedure 26(a)(2) on or before October 14, 2022; (3) all fact witness depositions must be completed by November 7, 2022; and (4) all expert witness depositions must be completed by November 14, 2022. No further written discovery may be propounded by either party except as may relate to expert witnesses. The deadline for filing dispositive motions remains as previously set (December 15, 2022) and will not be continued. The parties are to meet and confer and, if mutually agreed by the parties, contact Judge Leshner's chambers with proposed dates for a Mandatory Settlement Conference to occur before the end of the year. (Plaintiff Attorney Noam Glick).(Defendant Attorney Michele Beilke). (no document attached) (src)
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Filing 46
NOTICE of Videoconference Information for September 14, 2022 Status Conference. (tcf)
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Filing 45
ORDER granting #44 Motion Extension of Time. Good cause appearing, the parties' Joint Motion to extend the deadline to raise a discovery dispute is GRANTED. The parties must bring any dispute regarding defendants' responses to plaintiff's first set of interrogatories and first set of requests for production to the Court's attention on or before September 26, 2022. This deadline will not be further extended. No other pretrial dates are affected by this Order. The parties are directed to follow the procedures outlined in Judge Leshner's Chambers Rules with regard to any dispute that is not resolved by further good faith meet and confer efforts. Signed by Magistrate Judge David D. Leshner on 9/8/22. (no document attached) (src)
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Filing 44
Joint MOTION To Extend Deadline to Contact the Court with an Unresolved Discovery Dispute on Plaintiff's Interrogatories, Set One, and Request for Production, Set One re 42 Status Conference by Stryker Employment Company, LLC. (Attachments: #1 Declaration M. Pearlson)(Beilke, Michele) (tcf).
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Filing 43
ORDER granting in part and denying in part #39 Motion for Extension of Discovery Dispute Deadline. For the reasons discussed during the August 29, 2022 Status Conference, the parties' Joint Motion is granted in part and denied in part. The Court hereby continues the deadline to bring any dispute related to defendants' responses to Plaintiff's First Set of Interrogatories and First Set of Requests for Production to the Court's attention to September 12, 2022. The parties are directed to follow the procedures outlined in Judge Leshner's Chambers Rules with respect to any discovery dispute. Signed by Magistrate Judge David D. Leshner on 8/29/22. (no document attached) (src)
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Filing 42
Minute Entry and Order Setting Further Status Conference. A Status Conference re Pretrial Deadlines was held on August 29, 2022. The Court hereby sets a further status conference for September 14, 2022 at 9:00 a.m. The Court further orders as follows: The parties shall have until September 12, 2022 to raise any disputes concerning defendants' responses to plaintiff's First Set of Interrogatories and First Set of Requests for Production. The parties must designate their respective experts on or before September 9, 2022. The parties must exchange expert reports as early as is feasible. The Court will address the continuation of the expert report deadline, if any, at the September 14, 2022 Status Conference. The parties are encouraged to continue to work diligently to meet all existing pretrial deadlines. (Status Conference set for 9/14/2022 09:00 AM before Magistrate Judge David D. Leshner.). (Plaintiff Attorney Noam Glick, Vanessa Ruggles).(Defendant Attorney Michele Beilke, Michael Pearlson). (no document attached) (src)
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Filing 41
NOTICE of Videoconference Information for August 29, 2022 Discovery Conference. (tcf)
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Filing 40
Minute Order Setting Discovery Conference. The Court hereby sets a counsel-only Discovery Conference on August 29, 2022 at 11:00 a.m. Counsel should be prepared to discuss the parties' joint motion for an extension of time and other discovery matters. The conference will be held by videoconference with instructions for appearance to follow by separate notice. Any questions regarding this Order or the Discovery Conference may be directed to the Court's staff at 619-837-6526. (Discovery Conference set for 8/29/2022 11:00 AM before Magistrate Judge David D. Leshner.)(no document attached) (src)
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Filing 39
Joint MOTION for Discovery Deadline Extension by Kyle Walker. (Attachments: #1 Declaration, #2 Proof of Service)(Ruggles, Vanessa) (tcf).
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Filing 38
ORDER OF TRANSFER. Magistrate Judge Jill L. Burkhardt is no longer assigned. Case reassigned to Magistrate Judge David D. Leshner for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 22-cv-00264-MMA-DDL. Signed by Magistrate Judge Jill L. Burkhardt on 8/22/2022.(smy1)
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Filing 37
ORDER: (1) Granting Extension of Time to Bring Discovery Disputes; (2) Granting Joint Motion to Amend the Scheduling Order; and (3) Issuing Amended Scheduling Order [ECF Nos. #30 ; #35 ]. The Mandatory Settlement Conference is rescheduled to 1/25/2023 at 1:45 PM before Magistrate Judge Jill L. Burkhardt and will occur by video conference. Signed by Magistrate Judge Jill L. Burkhardt on 7/29/2022. (tcf)
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Filing 36
Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Discovery Conference held on 7/28/2022 before Judge Burkhardt. (See ECF No. #34 .) Order to follow. (Plaintiff Attorney Noam Glick; Vanessa Ruggles) (Defendant Attorney Michele Beilke; Michael Pearlson) (no document attached) (lkg)
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Filing 35
Joint MOTION to Amend/Correct #30 Order on Motion to Amend/Correct Joint Motion to Amend the Amended Scheduling Order by Stryker Corporation, Stryker Employment Company, LLC. (Attachments: #1 Declaration Noam Glick)(Pearlson, Michael) (jms).
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Filing 34
MINUTE ORDER: The deadline to contact the Court with any dispute regarding Defendant Howmedica's supplemental responses is extended to 8/13/2022. A counsel-only Discovery Conference shall be held by video on 7/28/2022 at 3:00 PM before Magistrate Judge Jill L. Burkhardt. (tcf)
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Filing 33
NOTICE of Appearance by Vanessa Ruggles on behalf of Kyle Walker (Attachments: #1 Proof of Service)(Ruggles, Vanessa)Attorney Vanessa Ruggles added to party Kyle Walker(pty:pla) (tcf).
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Filing 32
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Good cause appearing, the parties' Joint MOTION for Extension of Time to Contact the Court with an Unresolved Discovery Dispute #31 is GRANTED. Accordingly, the parties shall contact the Court with any remaining discovery disputes related to set one of Plaintiff's Interrogatories and Requests For Production no later than July 15, 2022. (no document attached) (lkg)
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Filing 31
Joint MOTION for Extension of Time to Complete Discovery Deadline to Contact the Court with an Unresolved Discovery Dispute on Plaintiff's Interrogatories, Set One, and Requests for Production, Set One by Kyle Walker. (Attachments: #1 Proposed Order on Joint Motion to Extend Deadline to Contact the Court with an Unresolved Discovery Dispute)(Glick, Noam) (tcf).
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Filing 30
ORDER: (1) Granting Joint Motion to Amend the Scheduling Order; (2) Issuing Amended Scheduling Order; and (3) Converting Mandatory Settlement Conference to Video [ECF Nos. #15 ; #29 ]. Signed by Magistrate Judge Jill L. Burkhardt on 6/9/2022. (tcf)
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Filing 29
Joint MOTION to Amend/Correct #15 Scheduling Order by Howmedica Osteonics Corp., Stryker Employment Company, LLC. (Attachments: #1 Declaration of Michael A. Pearlson)(Beilke, Michele) (tcf).
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Filing 28
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: On 6/1/2022, the parties lodged a Joint Discovery Statement regarding Plaintiff's deposition in accordance with V.B. of Judge Burkhardt's Civil Chambers Rules. At the Early Neutral Evaluation Conference on 6/6/2022 (ECF No. 27), the parties indicated that they now believe they can resolve their dispute without further assistance from the Court. (lkg)
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Filing 27
Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Early Neutral Evaluation Conference held on 6/6/2022. The case did not settle. (Plaintiff Attorney Noam Glick) (Defendant Attorney Michele J. Beilke; Michael Pearlson) (Kyle Walker; Laci Resendiz) (no document attached) (lkg)
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Filing 26
ANSWER to #23 Amended Complaint DEFENDANTS HOWMEDICA OSTEONICS CORP. AND STRYKER EMPLOYMENT COMPANY, LLCS ANSWER TO PLAINTIFFS FIRST AMENDED COMPLAINT by Howmedica Osteonics Corp., Stryker Employment Company, LLC.(Beilke, Michele)Attorney Michele J. Beilke added to party Howmedica Osteonics Corp.(pty:dft) (tcf).
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Filing 25
SUMMONS Returned Executed by Kyle Walker. Howmedica Osteonics Corp. served. (Glick, Noam) (tcf).
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Filing 24
Summons Issued as to First Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (tcf)
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Filing 23
AMENDED COMPLAINT with Jury Demand against Stryker Employment Company, LLC, Howmedica Osteonics Corp., filed by Kyle Walker. (Attachments: #1 Proof of Service)New Summons Requested. (Glick, Noam) (tcf).
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Filing 22
ORDER Granting #21 Joint Motion for Leave to File First Amended Complaint. Plaintiff must file and serve his First Amended Complaint on or before 5/11/2022. Defendants must respond to the First Amended Complaint no later than thirty (30) days after the filing of Plaintiff's First Amended Complaint. Signed by Judge Michael M. Anello on 5/4/2022. (tcf)
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Filing 21
Joint MOTION for Leave to File First Amended Complaint by Kyle Walker. (Attachments: #1 Exhibit A)(Glick, Noam) (tcf).
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Filing 20
ORDER Granting #19 Joint Motion for Protective Order. Signed by Magistrate Judge Jill L. Burkhardt on 4/21/2022. (tcf)
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Filing 19
Joint MOTION for Protective Order Joint Motion for Stipulated Protective Order by Stryker Corporation, Stryker Employment Company, LLC. (Attachments: #1 Exhibit Ex. A to Joint Motion for Stipulated Protective Order)(Beilke, Michele) (tcf).
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Filing 18
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: The parties' proposed stipulated protective order does not contain the language required by VI.B. of Judge Burkhardt's Civil Chambers Rules. Accordingly, the parties' Joint Motion for Protective Order #17 is hereby DENIED without prejudice. (no document attached) (lkg)
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Filing 17
Joint MOTION for Protective Order Joint Motion for Stipulated Protective Order by Stryker Corporation, Stryker Employment Company, LLC. (Attachments: #1 Exhibit A to Joint Motion for Stipulated Protective Order)(Beilke, Michele) (tcf).
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Filing 16
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Pursuant to the Court's Minute Order (ECF No. 14), the parties left a joint voicemail with Judge Burkhardt's Chambers indicating 6/6/2022 as their agreed upon continued Early Neutral Evaluation ("ENE") Conference date. Accordingly, the Court hereby RESETS the ENE to 6/6/2022, at 9:15 AM, before Judge Burkhardt. Additionally, the deadline to lodge updated ENE statements with the Court at efile_burkhardt@casd.uscourts.gov is extended to 6/1/2022. All other directions and requirements regarding the ENE set forth in the Court's 3/1/2022 Order remain in effect (ECF No. #5 ). (lkg)
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Filing 15
SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. A Mandatory Settlement Conference is set for 11/16/2022 at 9:00 AM before Magistrate Judge Jill L. Burkhardt. Signed by Magistrate Judge Jill L. Burkhardt on 4/18/2022. (tcf)
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Filing 14
MINUTE ORDER for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic, counsel-only Case Management Conference held on 4/18/2022. As discussed in the Conference, Defendants shall provide Plaintiff with the declaration regarding the information requested by Plaintiff no later than Monday, 4/25/2022. Additionally, the parties shall leave a joint voicemail with Judge Burkhardt's Chambers by tomorrow, 4/19/2022, at 5:00 PM, indicating their agreed upon continued Early Neutral Evaluation Conference date. Scheduling Order to follow. (Plaintiff's Attorney Noam Glick) (Defendants' Attorney Michele J. Beilke; Michael A. Pearlson) (no document attached) (lkg)
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Filing 13
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: For good cause shown, the parties' #11 Joint Motion to Reschedule Early Neutral Evaluation ("ENE") and Case management Conferences ("CMC") is granted in part. Accordingly, the CMC will remain on 4/18/2022, at 9:00 AM, as scheduled, and is hereby CONVERTED to a telephonic, counsel-only CMC before Judge Burkhardt. For purposes of the CMC, all participating counsel shall call the Court's teleconference line at (877) 873-8018 and use access code 9930765. The Court hereby CONTINUES the video conference ENE to 5/23/2022, at 9:00 AM, before Judge Burkhardt. Additionally, updated ENE statements shall be lodged with the Court by 5/16/2022 at efile_burkhardt@casd.uscourts.gov. All other requirements set forth in the Court's 3/1/2022 Order remain in effect (ECF No. #5 ). (no document attached) (lkg)
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Filing 12
REPORT of Rule 26(f) Planning Meeting. (Beilke, Michele) (tcf).
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Filing 11
Joint MOTION Reschedule Early Neutral Evaluation and Case Management Conference re 10 MINUTE ORDER by Stryker Corporation, Stryker Employment Company, LLC. (Attachments: #1 Declaration M. Beilke)(Beilke, Michele) (tcf).
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Filing 10
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Good cause appearing, the parties' Joint Motion #9 is GRANTED. Accordingly, the Early Neutral Evaluation and Case Management Conferences currently scheduled for 4/11/2022 are hereby RESET to 4/18/2022, at 9:00 AM. This Order does not otherwise amend the Court's 3/1/2022 Order (ECF No. #5 ). (no document attached) (lkg)
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Filing 9
Joint MOTION RESCHEDULE EARLY NEUTRAL EVALUATION CONFERENCE AND CASE MANAGEMENT CONFERENCE re #5 Notice and Order for Early Neutral Evaluation conference, Joint Motion to Reschedule Early Neutral Evaluation Conference and Case Management Conference by Stryker Corporation, Stryker Employment Company, LLC. (Attachments: #1 Declaration M. Pearlson)(Beilke, Michele) (zda).
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Filing 8
NOTICE of Appearance by Noam Glick on behalf of Kyle Walker (Glick, Noam) (tcf).
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Filing 7
ANSWER to Complaint DEFENDANT STRYKER CORPORATION AND STRYKER EMPLOYMENT COMPANY, LLCS ANSWER TO PLAINTIFFS COMPLAINT by Stryker Corporation, Stryker Employment Company, LLC.(Beilke, Michele) (tcf).
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Filing 6
CERTIFICATE OF SERVICE by Stryker Corporation, Stryker Employment Company, LLC re #1 Notice of Removal, #2 Notice of Party With Financial Interest, #3 Corporate Disclosure Statement (Beilke, Michele) (tcf).
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Filing 5
NOTICE AND ORDER Setting Early Neutral Evaluation and Case Management Conference. An Early Neutral Evaluation will be held by video conference on 4/11/2022 at 1:45 PM before Magistrate Judge Jill L. Burkhardt. A Case Management Conference will be held at the conclusion of the ENE. The Joint Discovery Plan is due on or before 4/4/2022. Signed by Magistrate Judge Jill L. Burkhardt on 2/28/2022. (tcf)
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Filing 4
ANSWER to Complaint (Notice of Removal) by Stryker Corporation, Stryker Employment Company, LLC. (ave)
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Filing 3
Corporate Disclosure Statement by Stryker Corporation, Stryker Employment Company, LLC. No Corporate Parents/Interested Parties. (ave) (rmc).
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Filing 2
NOTICE of Party With Financial Interest by Stryker Corporation, Stryker Employment Company, LLC. Identifying Other Affiliate Howmedica Osteonics Corp. for Stryker Corporation, Stryker Employment Company, LLC. (ave) (rmc).
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Filing 1
NOTICE OF REMOVAL with Jury Demand ( Filing fee $ 402 receipt number ACASDC-16600950.), filed by Stryker Corporation, Stryker Employment Company, LLC. (Attachments: #1 Civil Cover Sheet, #2 State Court Complaint, #3 Exhibits, #4 Declaration)The new case number is 3:22-cv-264-MMA-JLB. Judge Michael M. Anello and Magistrate Judge Jill L. Burkhardt are assigned to the case.(ave) Modified on 2/28/2022 to correct file date(ave). (rmc).
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