Aguilar v. CVS Pharmacy Inc
| Mary Aguilar |
| CVS Pharmacy, Inc., CVS Pharmacy Inc and Emerson Healthcare LLC |
| 3:2023cv00972 |
| May 3, 2023 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Health Care/Pharmaceutical Pers Inj/Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Defendant |
Docket Report
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This docket was last retrieved on June 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 20 (Document Restricted) Sealed Attorney Contact Information (Sealed pursuant to order dated 6/20/2023) filed by Emerson Healthcare LLC (Vickery, Alan) |
| Filing 19 Appendix in Support filed by Emerson Healthcare LLC re #18 Brief/Memorandum in Support of Motion, #17 MOTION for Summary Judgment (Vickery, Alan) |
| Filing 18 Brief/Memorandum in Support filed by Emerson Healthcare LLC re #17 MOTION for Summary Judgment (Vickery, Alan) |
| Filing 17 MOTION for Summary Judgment filed by Emerson Healthcare LLC (Vickery, Alan) |
Filing 16
SCHEDULING ORDER: Jury Trial set for 11/4/2024 09:00 AM before Judge Ed Kinkeade. Deadline for mediation is on or before 10/20/2023. Joinder of Parties due by 12/11/2023. Amended Pleadings due by 12/11/2023. Discovery due by 4/10/2024. Motions due by 5/10/2024. Pretrial Order due by 10/15/2024. Pretrial Materials due by 10/15/2024. (Ordered by Judge Ed Kinkeade on 6/20/2023) (chmb)
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| Filing 15 Joint STATUS REPORT of Conference and Proposal for Contents of Scheduling and Discovery Order filed by CVS Pharmacy Inc. (Cooper, Jacqueline) |
| Filing 14 DEMAND for Trial by Jury by Emerson Healthcare LLC. (Vickery, Alan) |
| Filing 13 Amended Certificate of Interested Persons by Emerson Healthcare LLC. (Vickery, Alan) Modified on 5/15/2023 (acm). |
| Filing 12 AMENDED Certificate of Interested Persons by CVS Pharmacy Inc. . (Scully, John) Modified event text on 5/11/2023 (acm). |
| Filing 11 AMENDED NOTICE OF REMOVAL by CVS Pharmacy Inc. (Attachments: #1 Exhibit(s) Index of State Court Filings, #2 Cover Sheet, #3 Cover Sheet Supplement) (Scully, John) Modified event text on 5/11/2023 (acm). |
| Filing 10 NOTICE of Attorney Appearance by Alan R Vickery on behalf of Emerson Healthcare LLC. (Filer confirms contact info in ECF is current.) (Vickery, Alan) |
| Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Emerson Healthcare LLC. (Clerk QC note: No affiliate entered in ECF). (Hostick, Melissa) |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Emerson Healthcare LLC. (Clerk QC note: Affiliate entry indicated). (Hostick, Melissa) |
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Filing 7
ORDER: The Court ORDERS Removing Defendant to amend its Notice of Removal to properly reflect the citizenship of Emerson by May 19, 2023. Furthermore, each party's Certificate of Interested Persons / Disclosure Statement must properly reflect the citizenships of Plaintiff and Defendants. Failure to properly comply with this Order will result in the remand of this case without further notice. See 28 U.S.C. 1447(c); see also Gasch v. Hartford Acc. & Indem. Co., 491 F.3d 278, 281 (5th Cir. 2007) ("The removal statute is therefore to be strictly construed, and any doubt about the propriety of removal must be resolved in favor of remand."). (Ordered by Judge Ed Kinkeade on 5/5/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4,5,6. Fri May 5 14:01:00 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Fri May 5 14:30:24 CDT 2023 (crt) |
| Filing 6 NOTICE of Consent to Removal re: #1 Notice of Removal, filed by Emerson Healthcare LLC (Hostick, Melissa) |
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Filing 5
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 5/4/2023) (chmb)
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Filing 4
ORDER: This case was removed from State Court on May 3, 2023. Plaintiffs counsel, Marcel Notzon, III, is not admitted to practice in the United States District Court for the Northern District of Texas. Therefore, within 30 days from the date of this order, counsel for Plaintiff must either become admitted to practice in this District (See LR 83.7), or move the Court to be admitted Pro Hac Vice (See LR 83.9(b)). Further, Local Counsel in this court is required, and therefore within 30 days from the date of this order, counsel for Plaintiff must also designate local counsel pursuant to Local Civil Rule 83.10(a). Failure to do so may result in sanctions being imposed for failure to comply with an order of the Court. (Ordered by Judge Ed Kinkeade on 5/4/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Thu May 4 10:09:57 CDT 2023 (crt) |
| Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (acm) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by CVS Pharmacy, Inc.. (Clerk QC note: Affiliate entry indicated). (Scully, John) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by CVS Pharmacy, Inc.. (Filing fee $402; receipt number ATXNDC-13714527) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) Index of State Court Filings, #2 Cover Sheet, #3 Cover Sheet Supplement) (Cooper, Jacqueline) (Attachment 3 replaced to flatten PDF on 5/4/2023) (acm). |
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