Patriece Davis v. Abbott Laboratories, Inc. et al
Consolidated
Lead case: 1:22-cv-00071
Lead case: 1:22-cv-00071
| Illinois Northern District Court | |
| Judge: | Rebecca R Pallmeyer |
| Case #: | 1:22-cv-01989 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Apr 25, 2022 |
| Case in other court: | California Central, 5:21-cv-00481 |
| Last checked: Saturday Oct 22, 2022 4:24 AM CDT |
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Defendant
Abbott Laboratories Inc.
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Represented By
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Plaintiff
Patriece Davis
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Mead Johnson Nutrition Company
Terminated: 05/26/2021
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Represented By
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Defendant
Mead Johnson and Company LLC
Terminated: 05/26/2021
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Represented By
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| Docket last updated: 04/25/2022 12:21 PM CDT |
| Thursday, March 18, 2021 | ||
| 1 | 1
COMPLAINT Receipt No: ACACDC-30941127 - Fee: $402, filed by Plaintiff Patriece Davis. (Attorney Deborah S Dixon added to party Patriece Davis(pty:pla))(Dixon, Deborah) [Transferred from California Central on 4/25/2022.]
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| 2 | 2
CIVIL COVER SHEET filed by Plaintiff Patriece Davis. (Dixon, Deborah) [Transferred from California Central on 4/25/2022.]
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| 3 | 3
NOTICE of Interested Parties filed by Plaintiff Patriece Davis, identifying Abbott Laboratories, Inc.; Mead Johnson & Company LLC; and Mead Johnson Nutrition Company. (Dixon, Deborah) [Transferred from California Central on 4/25/2022.]
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| 4 | 4
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Patriece Davis. (Dixon, Deborah) [Transferred from California Central on 4/25/2022.]
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| Friday, March 19, 2021 | ||
| 5 | 5
NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato. (jtil) [Transferred from California Central on 4/25/2022.]
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| 6 | 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) [Transferred from California Central on 4/25/2022.]
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| 7 | 7
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendants Abbott Laboratories, Inc., Mead Johnson Nutrition Company and Mead Johnson and Company LLC. (jtil) [Transferred from California Central on 4/25/2022.]
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| Wednesday, March 31, 2021 | ||
| 8 | 8
STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima) [Transferred from California Central on 4/25/2022.]
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| Wednesday, April 21, 2021 | ||
| 9 | 9
Notice of Appearance or Withdrawal of Counsel: for attorney Anthony J Anscombe counsel for Defendants Mead Johnson Nutrition Company, Mead Johnson and Company LLC. Adding Anthony J. Anscombe as counsel of record for Mead Johnson & Company, LLC and Mead Johnson Nutrition Company for the reason indicated in the G-123 Notice. Filed by Defendants Mead Johnson & Company, LLC and Mead Johnson Nutrition Company. (Attorney Anthony J Anscombe added to party Mead Johnson Nutrition Company(pty:dft), Attorney Anthony J Anscombe added to party Mead Johnson and Company LLC(pty:dft))(Anscombe, Anthony) [Transferred from California Central on 4/25/2022.]
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| 10 | 10
APPLICATION of Non-Resident Attorney Jamie N. Witte to Appear Pro Hac Vice on behalf of Defendants Mead Johnson Nutrition Company, Mead Johnson and Company LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31156328) filed by Defendants Mead Johnson Nutrition Company, Mead Johnson and Company LLC. (Attorney Melanie Atswei Ayerh added to party Mead Johnson Nutrition Company(pty:dft), Attorney Melanie Atswei Ayerh added to party Mead Johnson and Company LLC(pty:dft)) (Ayerh, Melanie) [Transferred from California Central on 4/25/2022.]
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Att: 1
Proposed Order
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| 11 | 11
APPLICATION of Non-Resident Attorney Cara A. Lawson to Appear Pro Hac Vice on behalf of Defendants Mead Johnson Nutrition Company, Mead Johnson and Company LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31156545) filed by Defendants Mead Johnson Nutrition Company, Mead Johnson and Company LLC. (Ayerh, Melanie) [Transferred from California Central on 4/25/2022.]
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Att: 1
Proposed Order
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| Thursday, April 22, 2021 | ||
| 12 | 12
ORDER by Judge Jesus G. Bernal: Granting10 Non-Resident Attorney Jamie N. Witte APPLICATION to Appear Pro Hac Vice on behalf of Mead Johnson & Company, LLC and Mead Johnson Nutrition Company, Defendants, designating Melanie A. Ayerh as local counsel. (twdb) [Transferred from California Central on 4/25/2022.]
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| 13 | 13
ORDER by Judge Jesus G. Bernal: Granting11 Non-Resident Attorney Cara Lawson APPLICATION to Appear Pro Hac Vice on behalf of Mead Johnson & Company, LLC and Mead Johnson Nutrition Company, Defendants, designating Melanie A. Ayerh as local counsel. (twdb) [Transferred from California Central on 4/25/2022.]
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| Monday, April 26, 2021 | ||
| 14 | 14
STIPULATION Extending Time to Answer the complaint as to Abbott Laboratories, Inc. answer now due 5/28/2021; Mead Johnson Nutrition Company answer now due 5/28/2021; Mead Johnson and Company LLC answer now due 5/28/2021, re Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Patriece Davis.(Dixon, Deborah) [Transferred from California Central on 4/25/2022.]
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| Tuesday, May 18, 2021 | ||
| 15 | 15
PROOF OF SERVICE Executed by Plaintiff Patriece Davis, upon Defendant Abbott Laboratories, Inc. served on 4/9/2021, answer due 5/28/2021. Service of the Summons and Complaint were executed upon C T Corporation System, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Dixon, Deborah) [Transferred from California Central on 4/25/2022.]
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| 16 | 16
PROOF OF SERVICE Executed by Plaintiff Patriece Davis, upon Defendant Mead Johnson and Company LLC served on 4/8/2021, answer due 5/28/2021. Service of the Summons and Complaint were executed upon Illinois Corporation Service Center, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Dixon, Deborah) [Transferred from California Central on 4/25/2022.]
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| 17 | 17
PROOF OF SERVICE Executed by Plaintiff Patriece Davis, upon Defendant Mead Johnson Nutrition Company served on 4/8/2021, answer due 5/28/2021. Service of the Summons and Complaint were executed upon Illinois Corporation Service Center, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Dixon, Deborah) [Transferred from California Central on 4/25/2022.]
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| Wednesday, May 26, 2021 | ||
| 18 | 18
FIRST AMENDED COMPLAINT against Defendant Abbott Laboratories, Inc. amending Complaint (Attorney Civil Case Opening)1 , filed by Plaintiff Patriece Davis(Dixon, Deborah) [Transferred from California Central on 4/25/2022.]
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| Thursday, June 17, 2021 | ||
| 19 | 19
WAIVER OF SERVICE Returned Executed filed by Plaintiff Patriece Davis. upon Abbott Laboratories, Inc. waiver sent by Plaintiff on 6/4/2021, answer due 8/3/2021. Waiver of Service signed by Bryce A. Cooper. (Dixon, Deborah) [Transferred from California Central on 4/25/2022.]
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| Tuesday, August 03, 2021 | ||
| 20 | 20
Notice of Appearance or Withdrawal of Counsel: for attorney Carol Alexis Chen counsel for Defendant Abbott Laboratories, Inc.. Adding Carol Alexis Chen as counsel of record for Abbott Laboratories, Inc. for the reason indicated in the G-123 Notice. Filed by Carol Alexis Chen Abbott Laboratories, Inc.. (Attorney Carol Alexis Chen added to party Abbott Laboratories, Inc.(pty:dft))(Chen, Carol) [Transferred from California Central on 4/25/2022.]
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| 21 | 21
CORPORATE DISCLOSURE STATEMENT AND NOTICE OF INTERESTED PARTIES filed by Defendant Abbott Laboratories, Inc. identifying Abbott Laboratories as Corporate Parent. (Chen, Carol) [Transferred from California Central on 4/25/2022.]
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| 22 | 22
NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Amended Complaint18 filed by Defendant Abbott Laboratories, Inc.. Motion set for hearing on 9/27/2021 at 09:00 AM before Judge Jesus G. Bernal. (Chen, Carol) [Transferred from California Central on 4/25/2022.]
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Proposed Order Granting Motion to Dismiss
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| Tuesday, September 07, 2021 | ||
| 23 | 23
21
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MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Amended Complaint18 22 filed by Plaintiff Patriece Davis. (Dixon, Deborah) [Transferred from California Central on 4/25/2022.]
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| 24 | 24
Objection re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Amended Complaint18 22 Plaintiff's Objections to Evidence Submitted in Support of Defendant's Motion to Dismiss filed by Plaintiff Patriece Davis. (Dixon, Deborah) [Transferred from California Central on 4/25/2022.]
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| 25 | 25
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Amended Complaint18 22 filed by Plaintiff Patriece Davis. (Dixon, Deborah) [Transferred from California Central on 4/25/2022.]
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| 26 | 26
CERTIFICATE OF SERVICE filed by Plaintiff Patriece Davis, re MEMORANDUM in Opposition to Motion23 , Request for Judicial Notice25 , Objection/Opposition (Motion related),24 served on 9/7/2021. (Dixon, Deborah) [Transferred from California Central on 4/25/2022.]
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| Wednesday, September 08, 2021 | ||
| 27 | 27
Joint STIPULATION to Continue Hearing Date and Reply Deadline from 9/20/2021 Hearing, 9/13/2021 Reply to 10/4/2021 Hearing, 9/27/2021 Reply Re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Amended Complaint18 22 filed by Defendant Abbott Laboratories, Inc..(Attorney Aaron Chase O'Dell added to party Abbott Laboratories, Inc.(pty:dft))(O'Dell, Aaron) [Transferred from California Central on 4/25/2022.]
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Att: 1
Proposed Order
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| Thursday, September 09, 2021 | ||
| 28 | 28
ORDER by Judge Jesus G. Bernal, Granting Stipulation to Continue Hearing Date and Reply Deadline27 . ( Motion set for hearing on 10/4/2021 at 09:00 AM before Judge Jesus G. Bernal.) Abbott Laboratories, Inc.'s deadline to file a reply in support of its motion to dismiss shall be continued from 9/13/21 to 9/20/21. (twdb) [Transferred from California Central on 4/25/2022.]
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| Monday, September 20, 2021 | ||
| 29 | 29
NOTICE of Partial Withdrawal of Defendant's Motion to Dismiss22 filed by Defendants Abbott Laboratories, Inc.. as to Parts I (Design Defect) and II (Failure to Warn) ONLY (O'Dell, Aaron) [Transferred from California Central on 4/25/2022.]
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| 30 | 30
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Amended Complaint18 22 filed by Defendant Abbott Laboratories, Inc.. (O'Dell, Aaron) [Transferred from California Central on 4/25/2022.]
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| 31 | 31
RESPONSE TO PLAINTIFF'S OBJECTIONS TO EVIDENCE24 re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Amended Complaint18 22 filed by Defendant Abbott Laboratories, Inc.. (O'Dell, Aaron) [Transferred from California Central on 4/25/2022.]
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| Tuesday, September 28, 2021 | ||
| 32 | 32
APPLICATION of Non-Resident Attorney Bryce A. Cooper to Appear Pro Hac Vice on behalf of Defendant Abbott Laboratories, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32061130) filed by Defendant Abbott Laboratories, Inc.. (O'Dell, Aaron) [Transferred from California Central on 4/25/2022.]
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Att: 1
Proposed Order
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| 33 | 33
APPLICATION of Non-Resident Attorney Stephen V. D'Amore to Appear Pro Hac Vice on behalf of Defendant Abbott Laboratories, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32062744) filed by Defendant Abbott Laboratories, Inc.. (O'Dell, Aaron) [Transferred from California Central on 4/25/2022.]
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Att: 1
Proposed Order
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| Thursday, September 30, 2021 | ||
| 34 | 34
NOTICE of Appearance filed by attorney Celeste M Brecht on behalf of Defendant Abbott Laboratories, Inc. (Attorney Celeste M Brecht added to party Abbott Laboratories, Inc.(pty:dft))(Brecht, Celeste) [Transferred from California Central on 4/25/2022.]
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| Friday, October 01, 2021 | ||
| 35 | 35
ORDER by Judge Jesus G. Bernal: Granting32 Non-Resident Attorney Bryce A. Cooper APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s), designating Aaron C. O'Dell as local counsel. (twdb) [Transferred from California Central on 4/25/2022.]
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| 36 | 36
ORDER by Judge Jesus G. Bernal: Granting33 Non-Resident Attorney Stephen V. D'Amore APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s), designating Aaron C. O'Dell as local counsel. (twdb) [Transferred from California Central on 4/25/2022.]
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| 37 | 37
MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order (1) GRANTING Defendants Motion to Dismiss as to Claims IV and V (Dkt. No. 22); and (2) VACATING the October 4, 2021 Hearing. The Court DISMISSES Plaintiffs Claim IV (implied breach of warranty of merchantability) WITH LEAVE TO AMEND, and DISMISSES Plaintiffs Claim V (negligent misrepresentation) WITH LEAVE TO AMEND. Plaintiff must file an amended complaint, if any, by November 1, 2021. Granting22 MOTION to Dismiss. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) [Transferred from California Central on 4/25/2022.]
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| Thursday, October 14, 2021 | ||
| 38 | 38
STIPULATION for Extension of Time to File Response to Claims Not Subject to Motion to Dismiss filed by Defendant Abbott Laboratories, Inc..(O'Dell, Aaron) [Transferred from California Central on 4/25/2022.]
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Att: 1
Proposed Order
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| Tuesday, October 19, 2021 | ||
| 39 | 39
ORDER by Judge Jesus G. Bernal, Granting Stipulation for Extension of Time to Respond to Claims Not Subject to Motion to Dismiss38 . (twdb) [Transferred from California Central on 4/25/2022.]
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| Monday, November 15, 2021 | ||
| 40 | 40
ANSWER to Amended Complaint/Petition18 with JURY DEMAND filed by Defendant Abbott Laboratories, Inc..(Brecht, Celeste) [Transferred from California Central on 4/25/2022.]
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| 41 | 41
Notice of Appearance or Withdrawal of Counsel: for attorney Caroline Drew Murray counsel for Defendant Abbott Laboratories, Inc.. Adding Caroline D. Murray as counsel of record for Abbott Laboratories, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Abbott Laboratories, Inc.. (Attorney Caroline Drew Murray added to party Abbott Laboratories, Inc.(pty:dft))(Murray, Caroline) [Transferred from California Central on 4/25/2022.]
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| Tuesday, January 18, 2022 | ||
| 42 | 42
NOTICE of Motion to Transfer Related Cases for Consolidated Pretrial Proceedings Pursuant to 28 U.S.C. 1407 filed by Defendant Abbott Laboratories, Inc..(Brecht, Celeste) [Transferred from California Central on 4/25/2022.]
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Att: 1
Exhibit A
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| Wednesday, January 19, 2022 | ||
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other)42 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) [Transferred from California Central on 4/25/2022.]
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| Thursday, January 20, 2022 | ||
| 44 | 44
ORDER SETTING SCHEDULING CONFERENCE by Judge Jesus G. Bernal. Scheduling Conference set for 2/28/2022 at 11:00 AM before Judge Jesus G. Bernal. (npo) [Transferred from California Central on 4/25/2022.]
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| Wednesday, January 26, 2022 | ||
| 45 | 45
STIPULATION to Stay Case pending motion to transfer related cases for consolidated proceedings pursuant to 28 U.S.C. § 1407 filed by Defendant Abbott Laboratories, Inc..(Brecht, Celeste) [Transferred from California Central on 4/25/2022.]
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Att: 1
Proposed Order
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| Wednesday, February 02, 2022 | ||
| 46 | 46
ORDER by Judge Jesus G. Bernal, Granting Stipulation to Stay Case45 . The scheduling conference set for February 28, 2022 shall be continued to a date at least 14 days following the JPMLs ruling on the JPML motion. (Made JS-6. Case Terminated.) (twdb) [Transferred from California Central on 4/25/2022.]
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| Tuesday, April 19, 2022 | ||
| 47 | 47
Transfer Order from the United States Judicial Panel on Multidistrict Litigation, MDL 3026, transferring case to USDC, Northern District of Illinois and assigned to Honorable Rebecca R. Pallmeyer. Case transferred electronically. (twdb) [Transferred from California Central on 4/25/2022.]
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| Monday, April 25, 2022 | ||
| 48 | 48
RECEIVED from California Central; Case Number 5:21-cv-00481. (ph, )
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| 49 | 49
MAILED MDL Transfer In Letter to all Counsel of record. (ph, )
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