Kimbler v. Dexcom, Inc.
Plaintiff: Delvina Kimbler
Defendant: Dexcom, Inc.
Case Number: 3:2022cv01867
Filed: November 28, 2022
Court: US District Court for the Southern District of California
Presiding Judge: Mitchell D Dembin
Referring Judge: Jinsook Ohta
2 Judge: Bernard G Skomal
3 Judge: Thomas J Whelan
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity Action
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 18, 2023 Filing 16 PRO HAC APPROVED: Paul Joseph Cosgrove appearing for Defendant Dexcom, Inc. (no document attached) (jrm)
January 18, 2023 Filing 15 Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Attachments: #1 Appendix)(Cosgrove, Paul) PHV correction for Dkt. No. #13 on 1/18/2023 (jrm).
January 18, 2023 Filing 14 PRO HAC APPROVED: Georgia Hatzis appearing for Defendant Dexcom, Inc. (no document attached) (jrm)
January 17, 2023 Filing 13 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17503232.) (Application to be reviewed by Clerk.) (Attachments: #1 Appendix)(Hatzis, Georgia)
January 17, 2023 Filing 12 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17502520.) (Application to be reviewed by Clerk.) (Attachments: #1 Appendix)(Hatzis, Georgia)
January 13, 2023 Filing 11 Reply Memorandum of Points and Authorities in Support of Motion to Dismiss and Compel Arbitration, or, in the Alternative, to Dismiss (Attachments: #1 Proof of Service)(Alexander, Kevin) (exs).
January 12, 2023 Opinion or Order Filing 10 Minute Order by Judge Jinsook Ohta: The Court orders Defendant, a California citizen, to show cause why the case should not be remanded to state court pursuant to the forum defendant rule. See 28 U.S.C. 1441(b)(2), 1446(d). Parties shall either file a response to the order to show cause or submit a stipulation remanding to state court on or before February 1, 2023. Signed by Judge Jinsook Ohta on 1/12/2023.(sjc)
January 10, 2023 Opinion or Order Filing 9 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Jinsook Ohta and Magistrate Judge Mitchell D. Dembin for all further proceedings. Judge Thomas J. Whelan, Magistrate Judge Bernard G. Skomal no longer assigned to case. Create association to 3:22-cv-01864-JO-MDD. The new case number is 22cv1867-JO-MDD. Signed by Judge Thomas J. Whelan on 1/10/23. Signed by Judge Jinsook Ohta on 1/9/23.(dlg)
January 4, 2023 Filing 8 NOTICE Plaintiff's Amended Notice of Motion to Remand to Superior Court of San Diego, California by Delvina Kimbler re #6 MOTION to Remand to State Court (Clark, Timothy)
January 3, 2023 Filing 7 RESPONSE in Opposition re #5 MOTION to Dismiss and Compel Arbitration, Or In the Alternative, to Dismiss filed by Delvina Kimbler. (Clark, Timothy) (dlg).
December 29, 2022 Filing 6 MOTION to Remand to State Court by Delvina Kimbler. (Attachments: #1 Exhibit Filed Complaint, #2 Exhibit Proof of Service on Defendant, #3 Exhibit Defendants Notice of Removal filed in the State Court, #4 Memo of Points and Authorities)(Clark, Timothy) (jrm).
December 19, 2022 Filing 5 MOTION to Dismiss and Compel Arbitration, Or In the Alternative, to Dismiss by Dexcom, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit 1 - Declaration of Eric Lovell, #3 Exhibit 2 - FDA Decision Summary, #4 Exhibit 3 - User Guide, #5 Request for Judicial Notice, #6 Exhibit 2 to RFJN, #7 Exhibit 3 to RFJN, #8 Proof of Service)(Alexander, Kevin) (dlg).
December 16, 2022 Filing 4 NOTICE OF RELATED CASE(S) by Dexcom, Inc. . (Alexander, Kevin) (dlg).
December 8, 2022 Filing 3 NOTICE to Federal Court Confirming Notification to State Court of Removal by Dexcom, Inc. (Attachments: #1 Proof of Service)(Alexander, Kevin) (ave).
November 28, 2022 Filing 2 NOTICE of Party With Financial Interest by Dexcom, Inc.. No Parties With Financial Interest. (alns) (jms).
November 28, 2022 Filing 1 NOTICE OF REMOVAL with Jury Demand ( Filing fee $ 402 receipt number ACASDC-17376743.), filed by Dexcom, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B State Complaint, #4 Proof of Service)The new case number is 3:22-cv-1867-W-BGS. Judge Thomas J. Whelan and Magistrate Judge Bernard G. Skomal are assigned to the case.(alns) (jms).

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Plaintiff: Delvina Kimbler
Represented By: Timothy Michael Clark
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Defendant: Dexcom, Inc.
Represented By: Kevin W Alexander
Represented By: Renata Ortiz Bloom
Represented By: Paul Joseph Cosgrove
Represented By: Georgia Hatzis
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