Tracy et al v. Mead Johnson & Company, LLC et al
| Alyssa Roesler, Amber Barnes, Robneisha Johnson, Maria Williams, Leanne Nelmes, Joshua Nelmes and Kristine Tracy |
| Mead Johnson & Company LLC, Mead Johnson Nutrition Company, Abbott Laboratories, Regents of the University of California, Kaiser Foundation Hospitals doing business as Kaiser Permanente Walnut Creek Medical Center, Kaiser Permanente Santa Rosa Medical Center and Kaiser Permanente San Francisco Medical Center |
| 1:2022cv04118 |
| August 8, 2022 |
| US District Court for the Northern District of Illinois |
| Rebecca R Pallmeyer |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on October 4, 2022. A more recent docket listing may be available from PACER.
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Filing 52
RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0963 1880 (nsf, )
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Filing 51
AMENDED MDL REMAND CLOSING ORDER: The court's previous MDL remand closing order dated 8/31/2022 #49 is vacated. The court, in error, transferred this case to the United States District Court for the Northern District of California. Pursuant to the Memorandum Opinion and Order #48 , this case is remanded, forthwith, to the Superior Court of the State of California, County of San Francisco, Case number CGC-22-598819. The Clerk of the Court is directed to send a copy of this order to the United States District Court, Northern District of California, forthwith. Signed by the Honorable Rebecca R. Pallmeyer on 9/19/2022 (nsf, )
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MAILED Copy of Order entered 9/19/22 to Superior Court of the State of California, County of Alameda certified mail Article # 7019 2280 0000 0963 1880 (nsf, ) Modified on 9/19/2022 (nsf, ).
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Filing 50
TRANSFERRED to the USDC Northern California the electronic record. (nsf, )
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Filing 49
MDL Closing order of member case Pursuant to the Memorandum Opinion and Order #48 , this case is remanded to the United States District Court, Northern District of California, forthwith. Civil case terminated. Signed by the Honorable Rebecca R. Pallmeyer on 8/31/2022. Mailed notice (nsf, )
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Filing 48
MEMORANDUM OPINION AND ORDER: Signed by the Honorable Rebecca R. Pallmeyer on 8/29/2022. Mailed notice. (cp, )
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Filing 47
RESPONSE by Abbott Laboratories to MOTION by Plaintiff Kristine Tracy to remand PLAINTIFFS' ADMINISTRATIVE MOTION TO RULE ON PREVIOUSLY SUBMITTED REMAND MOTIONS FILED IN THE UNITED STATES DISTRICT COURTS FOR THE NORTHERN AND EASTERN DISTRICTS OF CALIFORNIA #44 (Parker, Stephanie)
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Filing 46
NOTICE by Kristine Tracy re MOTION by Plaintiff Kristine Tracy to remand PLAINTIFFS' ADMINISTRATIVE MOTION TO RULE ON PREVIOUSLY SUBMITTED REMAND MOTIONS FILED IN THE UNITED STATES DISTRICT COURTS FOR THE NORTHERN AND EASTERN DISTRICTS OF CALIFORNIA #44 (Walsh, Alexandra)
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Filing 45
DECLARATION of Alexandra M. Walsh regarding motion to remand, #44 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Walsh, Alexandra)
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Filing 44
MOTION by Plaintiff Kristine Tracy to remand PLAINTIFFS' ADMINISTRATIVE MOTION TO RULE ON PREVIOUSLY SUBMITTED REMAND MOTIONS FILED IN THE UNITED STATES DISTRICT COURTS FOR THE NORTHERN AND EASTERN DISTRICTS OF CALIFORNIA (Walsh, Alexandra)
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Filing 43
MAILED MDL Transfer In Letter to counsel of record. (nsf, )
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Filing 42
RECEIVED from California Northern; Case Number 4:22-cv-02480 (nsf,)
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Filing 41
MDL TRANSFER ORDER. IT IS THEREFORE ORDERED that these actions are transferred to the Northern District of Illinois and, with the consent of that court, assigned to the Honorable Rebecca R. Pallmeyer for inclusion in the coordinated or consolidated pretrial proceedings. Signed by the MDL Panel on 8/5/2022. (tn, COURT STAFF) (Filed on 8/5/2022) [Transferred from California Northern on 8/8/2022.]
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case electronically transmitted to the Northern District of Illinois. (tn, COURT STAFF) (Filed on 8/5/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 40
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING (14 in case 4:22-cv-02460-HSG; 16 in case 4:22-cv-02480-HSG; and 6 in case 4:22-cv-02598-HSG ) MOTIONS TO STAY. This order also terminates as moot docket nos. 28 in case 4:22-cv-02460-HSG and 19 in case 4:22-cv-02598-HSG. (ndr, COURT STAFF) (Filed on 6/27/2022) [Transferred from California Northern on 8/8/2022.]
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***Deadlines Terminated.*** (ndr, COURT STAFF) (Filed on 6/27/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 39
DEFENDANT ABBOTT LABORATORIESS NOTICE OF LODGING OF OPPOSITIONS TO PLAINTIFFS MOTIONS TO VACATE CONDITIONAL TRANSFER ORDER TO MDL NO. 3026 filed by by Abbott Laboratories (Attachments: #1 Exhibit A, #2 Exhibit B)(Brecht, Celeste) (Filed on 6/14/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 38
ORDER REASSIGNING CASE. Case reassigned to Judge Haywood S Gilliam, Jr for all further proceedings. Judge Yvonne Gonzalez Rogers no longer assigned to case. Signed by The Clerk on 06/13/2022. (jrs, COURT STAFF) (Filed on 6/13/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 37
RELATED CASE ORDER RE DOCKET NO. 35. Signed by Judge Haywood S. Gilliam, Jr. on 6/13/2022. (ndr, COURT STAFF) (Filed on 6/13/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 36
NOTICE by Abbott Laboratories of Lodging of Response in Support of Order of Referral to Determine Whether Cases are Related (Brecht, Celeste) (Filed on 6/7/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 35
ORDER OF REFERRAL TO DETERMINE WHETHER CASES ARE RELATED. Signed by Judge Yvonne Gonzalez Rogers on 6/2/2022. (amg, COURT STAFF) (Filed on 6/2/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 34
ORDER by Judge Yvonne Gonzalez Rogers GRANTING IN PART #30 PLAINTIFFS' MOTION TO RULE ON THE MOTIONS' PAPERS. (amg, COURT STAFF) (Filed on 5/27/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 33
ORDER by Judge Yvonne Gonzalez Rogers Granting #32 STIPULATION TO STAY ALL CLAIMS AGAINST DEFENDANT KAISER FOUNDATION HOSPITALS. (amg, COURT STAFF) (Filed on 5/27/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 32
STIPULATION WITH PROPOSED ORDER to stay all claims against Kaiser Foundation Hospitals filed by Kristine Tracy. (Attachments: #1 Certificate/Proof of Service)(Graham, Mary) (Filed on 5/26/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 31
OPPOSITION/RESPONSE (re #30 ADMINISTRATIVE MOTION to Rule On Motions' Papers RE: Motion to Stay, Motion to Remand ) filed byAbbott Laboratories. (Attachments: #1 Exhibit A)(Brecht, Celeste) (Filed on 5/20/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 30
ADMINISTRATIVE MOTION to Rule On Motions' Papers RE: Motion to Stay, Motion to Remand filed by Kristine Tracy. Responses due by 5/23/2022. (Attachments: #1 Declaration, #2 Proposed Order, #3 Certificate/Proof of Service)(Graham, Mary) (Filed on 5/19/2022) Modified on 5/20/2022 (slh, COURT STAFF). [Transferred from California Northern on 8/8/2022.]
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Filing 29
REPLY (re #16 MOTION to Stay Pending JPML'S Final Order on Transfer ) filed byAbbott Laboratories. (Brecht, Celeste) (Filed on 5/18/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 28
REPLY (re #14 MOTION to Remand ) FINAL CORRECTED filed byKristine Tracy. (Attachments: #1 Declaration, #2 Certificate/Proof of Service)(Graham, Mary) (Filed on 5/16/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 27
* ERRONEOUS ENTRY. SEE #28 * REPLY (re #14 MOTION to Remand ) CORRECTED filed byKristine Tracy. (Attachments: #1 Declaration Corrected filing, #2 Certificate/Proof of Service Corrected filing)(Graham, Mary) (Filed on 5/16/2022) Modified on 5/17/2022 (mcl, COURT STAFF). [Transferred from California Northern on 8/8/2022.]
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Filing 26
* ERRONEOUS ENTRY. SEE #28 * REPLY (re #14 MOTION to Remand ) CORRECTED filed byKristine Tracy. (Attachments: #1 Declaration, #2 Certificate/Proof of Service)(Graham, Mary) (Filed on 5/16/2022) Modified on 5/17/2022 (mcl, COURT STAFF). [Transferred from California Northern on 8/8/2022.]
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Filing 25
* ERRONEOUS ENTRY. SEE #28 * REPLY (re #14 MOTION to Remand ) filed byKristine Tracy. (Attachments: #1 Declaration, #2 Certificate/Proof of Service)(Graham, Mary) (Filed on 5/16/2022) Modified on 5/17/2022 (mcl, COURT STAFF). [Transferred from California Northern on 8/8/2022.]
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Filing 24
MOTION to Dismiss Plaintiffs' Claim for Punitive Damages and for Attorneys Fees filed by Regents of the University of California. Motion Hearing set for 6/7/2022 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 5/27/2022. Replies due by 6/3/2022. (Attachments: #1 Declaration)(Willoughby, Robert) (Filed on 5/13/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 23
CLERK'S NOTICE. Notice is hereby given that the hearing on the #14 PLAINTIFFS EMERGENCY MOTION TO REMAND will be held on 6/7/2022 at 2:00 p.m. in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. (This is a text-only entry generated by the court. There is no document associated with this entry.)(amg, COURT STAFF) (Filed on 5/11/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 22
OPPOSITION/RESPONSE (re #14 MOTION to Remand ) filed byAbbott Laboratories. (Brecht, Celeste) (Filed on 5/11/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 21
OPPOSITION/RESPONSE (re #16 MOTION to Stay Pending JPML'S Final Order on Transfer ) filed byAmber Barnes, Robneisha Johnson, Joshua Nelmes, Leanne Nelmes, Alyssa Roesler, Kristine Tracy, Maria Williams. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Graham, Mary) (Filed on 5/11/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 20
OPPOSITION/RESPONSE (re #14 MOTION to Remand ) TO PLAINTIFFS DEMAND FOR FEES AND COSTS ON THEIR MOTION TO REMAND filed byMead Johnson & Company, LLC, Mead Johnson Nutrition Company. (Anscombe, Anthony) (Filed on 5/11/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 19
NOTICE of Supplemental Information filed by Abbott Laboratories re #16 MOTION to Stay Pending JPML'S Final Order on Transfer (Brecht, Celeste) (Filed on 5/9/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 18
NOTICE by Abbott Laboratories re Compliance with 28 U.S.C. 1446(d) (Attachments: #1 Exhibit 1)(Brecht, Celeste) (Filed on 4/28/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 17
Order Denying #15 Motion to Expedite. The Court sees no basis to bypass normal procedures in this matter. Both pending motions will be considered jointly. Parties are advised that this District is now in a judicial emergency and motions may be resolved without argument, if appropriate. Entered by Judge Yvonne Gonzalez Rogers. (This is a text-only entry generated by the court. There is no document associated with this entry.) [Transferred from California Northern on 8/8/2022.]
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Filing 16
MOTION to Stay Pending JPML'S Final Order on Transfer filed by Abbott Laboratories. Motion Hearing set for 6/7/2022 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 5/11/2022. Replies due by 5/18/2022. (Attachments: #1 Proposed Order)(Brecht, Celeste) (Filed on 4/27/2022) Modified on 4/28/2022 (slh, COURT STAFF). [Transferred from California Northern on 8/8/2022.]
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Filing 15
PLAINTIFFS NOTICE OF MOTION AND EMERGENCY MOTION TO SET EXPEDITED BRIEFING SCHEDULE FOR PLAINTIFFS MOTION TO REMAND AND MEMORANDUM IN SUPPORT filed by Kristine Tracy. (Attachments: #1 Declaration, #2 Proposed Order, #3 Proof of Service)(Graham, Mary) (Filed on 4/27/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 14
PLAINTIFFS NOTICE OF MOTION AND EMERGENCY MOTION TO REMAND AND MEMORANDUM IN SUPPORT THEROF filed by Kristine Tracy. Responses due by 5/11/2022. Replies due by 5/18/2022. (Attachments: #1 Proposed Order, #2 Proof of Service)(Graham, Mary) (Filed on 4/27/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 13
CLERK'S NOTICE SETTING CASEMANAGEMENT CONFERENCE. Joint Case Management Statement due by 8/1/2022. Initial Case Management Conference set for 8/8/2022 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ygr General Order 58. Pers ons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Joint Case Management Statement due by 8/1/2022. Initial Case Management Conference set for 8/8/2022 02:0 0 PM in Oakland, - Videoconference Only. (Attachments: #1 Standing Order) (amg, COURT STAFF) (Filed on 4/27/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 12
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.Signed by Clerk on 04/27/2022. (Attachments: # 1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 4/27/2022) (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 4/27/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 11
PLEASE DISREGARD ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.Signed by Clerk on 04/27/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 4/27/2022) Modified on 4/27/2022 (mbc, COURT STAFF). [Transferred from California Northern on 8/8/2022.]
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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. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (klh, COURT STAFF) (Filed on 4/27/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 9
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kristine Tracy.. (Attachments: #1 Consent or Declination to Magistrate Judge Jurisdiction)(Graham, Mary) (Filed on 4/26/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 8
OBJECTIONS to Magistrate Judge Jurisdiction by Kristine Tracy. (Attachments: #1 Consent or Declination to Magistrate Judge Jurisdiction)(Graham, Mary) (Filed on 4/26/2022) [Transferred from California Northern on 8/8/2022.]
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#Electronic filing error Re: #8 Objection filed by Kristine Tracy. Incorrect event used. [err101]. This filing will not be processed by the clerks office. Please re-file in its ent irety by using Civil Events: Other Filing - Other Documents - Consent/Declination to Proceed Before a US Magistrate Judge. (tn, COURT STAFF) (Filed on 4/26/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 7
Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 7/29/2022. Initial Case Management Conference set for 8/5/2022 at 2:00 PM in San Francisco, Courtroom F, 15th Floor. (tn, COURT STAFF) (Filed on 4/22/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 6
Answer to Complaint for Damages and Demand for Jury Trial (Removal Complaint) by Mead Johnson & Company, LLC, Mead Johnson Nutrition Company - [refer to Docket 1-8, Page 2 of 16]. (tn, COURT STAFF) (Filed on 4/22/2022) (This is a text-only entry generated by the court. There is no document associated with this entry.) [Transferred from California Northern on 8/8/2022.]
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Filing 5
CERTIFICATE OF SERVICE filed by Abbott Laboratories of re #2 Corporate Disclosure Statement, re #3 Certification of Interested Entities or Persons, re #1 Notice of Removal - Proof of Service (Brecht, Celeste) (Filed on 4/22/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 4
Case assigned to Magistrate Judge Joseph C. Spero. 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 5/6/2022. (as, COURT STAFF) (Filed on 4/22/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 3
Certification of Interested Entities or Persons filed by Abbott Laboratories (Brecht, Celeste) (Filed on 4/22/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 2
Corporate Disclosure Statement filed by Abbott Laboratories (Brecht, Celeste) (Filed on 4/22/2022) [Transferred from California Northern on 8/8/2022.]
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Filing 1
NOTICE OF REMOVAL from San Francisco County Superior Court. Their case number is CGC-22-598819, (Filing Fee: $402.00, receipt number ACANDC-17111770). Filed by Abbott Laboratories. (Attachments: #1 Declaration of Celeste M. Brecht, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Civil Cover Sheet, #11 Addendum Regarding Related Cases)(Brecht, Celeste) (Filed on 4/22/2022) Modified on 4/22/2022 (tn, COURT STAFF). [Transferred from California Northern on 8/8/2022.]
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Answer and Affirmative Defenses to Plaintiffs' Complaint for Damages and Demand for Jury Trial (Removal Complaint) by Abbott Laboratories - [refer to Docket 1-7, Page 2 of 19]. (tn, COURT STAFF) (Filed on 4/22/2022) [Transferred from California Northern on 8/8/2022.]
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