Rivera v. CSL Plasma Inc. et al
| Jose Rivera |
| CSL Plasma Inc., David Mumford, Tim Avila, Shamauria Comartie and Janet Monarrez |
| 2:2023cv01810 |
| November 3, 2023 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Jennifer A Dorsey |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on December 21, 2023. A more recent docket listing may be available from PACER.
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Filing 24
ORDER Granting #8 Motion to Remand to State Court and Denying without prejudice #9 Motion to Dismiss. The Clerk of Court is directed to REMAND this case back to the Eighth Judicial District Court, Department 8, Case No. A-23-865645-C, and CLOSE THIS CASE. The pending motion to dismiss [ECF No. #9 ] is DENIED without prejudice to its refiling in state court with necessary revisions to conform to state-court rules and include applicable state-law standards. So this case returns to state court with no motions pending. Signed by Judge Jennifer A. Dorsey on 12/21/2023. (Copies have been distributed pursuant to the NEF. Certified copy of public docket sheet and certified copy of Order mailed to Eighth Judicial District Court. - RGDG)
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| Filing 23 MINUTES OF PROCEEDINGS - Motions Hearing held on 12/20/2023 before Judge Jennifer A. Dorsey. Crtrm Administrator: Danielle Cacciabaudo; Pla Counsel: Albert Lasso; Def Counsel: Kathryn Newman; Court Reporter: Amber McClane; Time of Hearing: 2:41 p.m. - 2:55 p.m.; Courtroom: 6D;The Court makes prelimianry remarks and hears representations of counsel. As stated on the record, the Court GRANTS the Motion to Remand to State Court #8 and DENIES as moot the Motion to Dismiss #9 . Court adjourns. A short written order will be issued. (no image attached) (Copies have been distributed pursuant to the NEF - DC) |
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Filing 22
ORDER granting #20 Stipulation TO CONTINUE JOINT STATUS REPORT. Signed by Judge Jennifer A. Dorsey on 12/13/2023. (Copies have been distributed pursuant to the NEF - CAH)
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| Filing 21 REPLY to Response to #9 Motion to Dismiss by Defendant CSL Plasma Inc.. (Newman, Kathryn) |
| Filing 20 STIPULATION FOR EXTENSION OF TIME (First Request) SAO to Continue Joint Status Report re #4 Minute Order Removal Case, by Defendant CSL Plasma Inc.. (Newman, Kathryn) (extend) (presiding) |
| Filing 19 REPLY to Response to #8 Motion to Remand to State Court by Plaintiff Jose Rivera. (Lasso, Albert) |
| Filing 18 NOTICE Setting Hearing on #8 MOTION to Remand to State Court and #9 MOTION to Dismiss: Motions Hearing set on a stacked calendar for 12/20/2023 at 02:00 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. This hearing will be conducted in person. (no image attached) (DC) |
| Filing 17 RESPONSE to #9 Motion to Dismiss by Plaintiff Jose Rivera. Replies due by 12/7/2023. (Lasso, Albert) |
| Filing 16 RESPONSE to #8 Motion to Remand to State Court by Defendant CSL Plasma Inc.. Replies due by 12/6/2023. (Newman, Kathryn) |
| Filing 15 NOTICE of Corrected Image/Document re #8 Motion to Remand to State Court by Plaintiff Jose Rivera. (Service of corrected image is attached.). (Attachments: #1 Index Index of Plaintiff'sExhibits to Motion To Remand, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2)(Lasso, Albert) |
| Filing 14 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 11/28/2023. NOTICE OF ACTION REQUIRED. ECF No. #8 was not filed in compliance with Local Rules IC 2-2 and IA 10-3. These rules require a party filing exhibits to provide an index of exhibits; each exhibit must include a cover sheet describing the exhibit's contents; and each exhibit must be attached as a separate file (not as part of the base document). Counsel is directed to refile this document and its exhibits in a manner that complies with these rules within 5 days. Please select the event titled "Notice of Corrected Image/Document" and link it to the original filing. The refiling of these corrected images does not change the response or reply deadlines.(Copies have been distributed pursuant to the NEF - MH) |
| Filing 13 STATEMENT REGARDING REMOVAL by Defendant CSL Plasma Inc... (Newman, Kathryn) |
| Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 11/17/2023. Re: #10 Defendant CSL Plasma, Inc.'s Motion for Leave to File Under Seal in Support of Defendant CSL Plasma, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint. A party seeking to file a confidential document under seal must file a motion to seal and must comply with the Ninth Circuit's directives in Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006) and Ctr. for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092 (9th Cir. 2016). A party seeking to seal judicial records attached to motions more than tangentially related to the merits of the case must meet the "compelling reasons" standard. See Kamakana, 447 F.3d at 1183; Ctr. for Auto Safety, 809 F.3d at 1101. The Court finds that CSL has met the compelling reasons standard because it seeks to seal Plaintiff's medical records. See Ansara v. Maldonado, No. 2:19-cv-01394-GMN-VCF, 2022 WL 17253803, at *3 (D. Nev. Nov. 1, 2022) (explaining that "sensitive and private medical information protected by HIPAA" meets the compelling reasons standard); see Steven City Broomfield v. Aranas, No. 3:17-cv-00683-MMD-WGC, 2020 WL 2549945, at *2 (D. Nev. May 19, 2020) (compiling cases). IT IS THEREFORE ORDERED that CSL's motion to seal #10 is GRANTED. CSL must file the exhibits APPX 005-APPX 006 under seal on or before December 8, 2023. (no image attached) (Copies have been distributed pursuant to the NEF - TG) |
| Filing 10 MOTION to Seal Document by Defendant CSL Plasma Inc.. Responses due by 11/30/2023. (Attachments: #1 Appendix)(Newman, Kathryn) |
| Filing 9 MOTION to Dismiss by Defendant CSL Plasma Inc.. Responses due by 11/30/2023. (Newman, Kathryn) |
| Filing 8 View Corrected Image #15 as to MOTION to Remand to State Court by Plaintiff Jose Rivera. Responses due by 11/29/2023. (Lasso, Albert) Modified on 11/28/2023 (EDS). |
| Filing 7 CERTIFICATE of Interested Parties by Jose Rivera. There are no known interested parties other than those participating in the case. (Lasso, Albert) |
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Filing 6
ORDER granting ECF No. #5 Motion to Extend Time. CSL Plasma Inc. answer/response re ECF No. #1 is due 11/16/2023. Signed by Magistrate Judge Daniel J. Albregts on 11/14/2023. (Copies have been distributed pursuant to the NEF - DLS)
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| Filing 5 MOTION to Extend Time (First Request) to Respond to Plaintiff's Complaint re #1 Petition for Removal,,,, by Defendant CSL Plasma Inc.. Responses due by 11/27/2023. (Newman, Kathryn) (answer) |
| Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 11/7/2023. Statement regarding removed action is due by 11/22/2023. Joint Status Report regarding removed action is due by 12/7/2023. (Copies have been distributed pursuant to the NEF - CAH) |
| Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Daniel J. Albregts. (CAH) |
| Filing 2 MOTION to Seal Document, #1 Petition for Removal,,,,, by Defendant CSL Plasma Inc.. Responses due by 11/20/2023. (Newman, Kathryn) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-23-865645-C, (Filing fee $ 402 receipt number ANVDC-7484561) by CSL Plasma Inc.. Proof of service due by 1/18/2024. Certificate of Interested Parties due by 11/16/2023. (Attachments: #1 Index Index of Exhibits, #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 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD, #32 Exhibit EE, #33 Exhibit FF, #34 Exhibit GG, #35 Exhibit HH, #36 Exhibit II, #37 Civil Cover Sheet JJ) (Newman, Kathryn) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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