Hartwick et al v. Mead Johnson & Company, LLC 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-04120 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Aug 08, 2022 |
| Terminated: | Aug 31, 2022 |
| Case in other court: | California Northern, 4:22-cv-02598 |
| Last checked: Saturday Feb 04, 2023 3:05 AM CST |
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Defendant
Abbott Laboratories
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Represented By
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Defendant
Kaiser Foundation Hospitals Inc.
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Represented By
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Defendant
Kaiser Permanente Hayward Medical Center
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Represented By
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Defendant
Kaiser Permanente San Leandro Medical Center
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Represented By
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Defendant
Mead Johnson & Company LLC
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Represented By
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Defendant
Mead Johnson Nutrition Company
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Represented By
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Plaintiff
Malika Gillespie
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Represented By
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Plaintiff
Ashley Gutierrez
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Represented By
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Plaintiff
Kami Hartwick
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Represented By
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Plaintiff
Michelle Perez
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Represented By
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GPO
Jun 02 2022
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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GPO
Jun 27 2022
19 in case 4:22-cv-02598-HSG. (ndr, COURT STAFF) (Filed on 6/27/2022) [Transferred from California Northern on 8/8/2022.]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 |
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GPO
Aug 29 2022
MEMORANDUM Opinion and Order: Signed by the Honorable Rebecca R. Pallmeyer on 8/29/2022. Mailed notice. (cp, ) |
| Docket last updated: 08/15/2022 1:53 PM CDT |
| Thursday, April 28, 2022 | ||
| 1 | 1
NOTICE OF REMOVAL from Alameda Superior Court. Their case number is 22CV008837. (Filing fee $402 receipt number ACANDC-17129417). Filed byAbbott Laboratories.(Brecht, Celeste) [Transferred from California Northern on 8/8/2022.]
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Att: 1
Declaration of Celeste M. Brecht,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Exhibit G,
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Att: 9
Exhibit H,
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Att: 10
Exhibit I,
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Att: 11
Exhibit J,
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Att: 12
Exhibit K,
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Att: 13
Exhibit L,
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Att: 14
Exhibit M,
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Att: 15
Civil Cover Sheet,
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Att: 16
Addendum Regarding Related Cases
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| 2 | 2
Corporate Disclosure Statement by Abbott Laboratories (Brecht, Celeste) [Transferred from California Northern on 8/8/2022.]
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| 3 | 3 Case assigned to Magistrate Judge Sallie Kim. 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 5/12/2022. (jlg, COURT STAFF) [Transferred from California Northern on 8/8/2022.] | |
| 4 | 4
Certificate of Interested Entities by Abbott Laboratories (Brecht, Celeste) [Transferred from California Northern on 8/8/2022.]
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| 5 | 5
CERTIFICATE OF SERVICE by Abbott Laboratories re1 Notice of Removal,, PROOF OF SERVICE (Brecht, Celeste) [Transferred from California Northern on 8/8/2022.]
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| 6 | 6
MOTION to Stay Pending JPML's Final Order on Transfer filed by Abbott Laboratories. Motion Hearing set for 6/6/2022 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 5/12/2022. Replies due by 5/19/2022.(Brecht, Celeste) [Transferred from California Northern on 8/8/2022.]
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Att: 1
Proposed Order Granting Motion to Stay All Proceedings
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| Friday, April 29, 2022 | ||
| Answer to Removal Complaint byAbbott Laboratories. (msr, COURT STAFF) [Transferred from California Northern on 8/8/2022.] | ||
| Answer to Removal Complaint by (See Removal1 Exhibit K)Mead Johnson & Company, LLC, Mead Johnson Nutrition Company. (msr, COURT STAFF) [Transferred from California Northern on 8/8/2022.] | ||
| 7 | 7
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kami Hartwick..(Graham, Mary) [Transferred from California Northern on 8/8/2022.]
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Att: 1
Proof of Service
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| 8 | 8 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. (mkl, COURT STAFF) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 8/8/2022.] | |
| 9 | 9
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen for all further proceedings. Magistrate Judge Sallie Kim 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 04/29/2022.(mbc, COURT STAFF) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 8/8/2022.]
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Att: 1
Notice of Eligibility for Video Recording
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| 10 | 10
MOTION to Remand filed by Kami Hartwick. Motion Hearing set for 6/9/2022 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 5/13/2022. Replies due by 5/20/2022.(Graham, Mary) [Transferred from California Northern on 8/8/2022.]
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Att: 1
Proposed Order,
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Att: 2
Proof of Service
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| 11 | 11
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/25/2022. Initial Case Management Conference set for 8/1/2022 01:30 PM in San Francisco, Courtroom C, 15th Floor. (msr, COURT STAFF) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from California Northern on 8/8/2022.]
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| 12 | 12
NOTICE by Abbott Laboratories re1 Notice of Removal,, NOTICE OF COMPLIANCE WITH 28 U.S.C. § 1446(d)(Brecht, Celeste) [Transferred from California Northern on 8/8/2022.]
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Att: 1
Exhibit 1
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| Monday, May 09, 2022 | ||
| 13 | 13 CLERK'S NOTICE CONTINUING HEARING RE10 MOTION TO REMAND AND ADVANCING HEARING RE INITIAL CASE MANAGEMENT CONFERENCE. 10 MOTION to Remand and Initial Case Management Conference set for 6/16/2022 at 01:30 PM by Videoconference Only. This proceeding will be held via a Zoom webinar. Joint Case Management Statement due by 6/9/2022. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.cand.uscourts.gov/emc] General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proce edings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: [LINK:https://www.cand.uscourts.gov/zoom/] . (T his is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) [Transferred from California Northern on 8/8/2022.] | |
| 14 | 14
NOTICE by Abbott Laboratories re6 MOTION to Stay Pending JPML's Final Order on Transfer (Brecht, Celeste) [Transferred from California Northern on 8/8/2022.]
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| 15 | 15 CLERK'S NOTICE SETTING HEARING RE6 MOTION to Stay. Motion Hearing set for 6/16/2022 at 01:30 PM by Videoconference Only before Judge Edward M. Chen. 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 [LINK:https://www.cand.uscourts.gov/emc] General Order 58. Persons granted access to court proceeding s 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: [LINK:https://www.cand.uscourts.gov/zoom/] . (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) [Transferred from California Northern on 8/8/2022.] | |
| Thursday, May 12, 2022 | ||
| 16 | 16
OPPOSITION/RESPONSE filed byKami Hartwick.(Graham, Mary) [Transferred from California Northern on 8/8/2022.]
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Att: 1
Proposed Order,
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Att: 2
Certificate/Proof of Service
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| 17 | 17
MOTION to Compel Arbitration filed by Kaiser Foundation Hospitals Inc., Kaiser Permanente Hayward Medical Center, Kaiser Permanente San Leandro Medical Center. Motion Hearing set for 6/16/2022 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 5/26/2022. Replies due by 6/2/2022.(Lothyan, Jonna) [Transferred from California Northern on 8/8/2022.]
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Att: 1
Supplement NOTICE OF LODGMENT OF EXHIBITS IN SUPPORT OF KAISER FOUNDATION HOSPITALS INC.S MOTION TO SEVER AND COMPEL ARBITRATION,
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Att: 2
Exhibit NOTICE OF LODGMENT - EXHIBIT A,
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Att: 3
Exhibit NOTICE OF LODGMENT - EXHIBIT B,
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Att: 4
Exhibit NOTICE OF LODGMENT - EXHIBIT C,
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Att: 5
Exhibit NOTICE OF LODGMENT - EXHIBIT D,
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Att: 6
Exhibit NOTICE OF LODGMENT - EXHIBIT E,
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Att: 7
Exhibit NOTICE OF LODGMENT - EXHIBIT F,
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Att: 8
Exhibit NOTICE OF LODGMENT - EXHIBIT G,
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Att: 9
Exhibit NOTICE OF LODGMENT - EXHIBIT H,
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Att: 10
Exhibit NOTICE OF LODGMENT - EXHIBIT I,
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Att: 11
Exhibit NOTICE OF LODGMENT - EXHIBIT J,
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Att: 12
Exhibit NOTICE OF LODGMENT - EXHIBIT K,
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Att: 13
Exhibit NOTICE OF LODGMENT - EXHIBIT L,
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Att: 14
Exhibit NOTICE OF LODGMENT - EXHIBIT M,
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Att: 15
Exhibit NOTICE OF LODGMENT - EXHIBIT N,
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Att: 16
Declaration DECLARATION OF DEBORAH ESPINAL IN SUPPORT OF KAISER FAOUNDATION HOSPITALS, INC.S MOTION TO SEVER AND COMPEL ARBITRATION,
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Att: 17
Declaration DECLARATION OF PAMELA S. BOOHER IN SUPPORT OF KAISER FOUNDATION HOSPITALS, INC.S MOTION TO SEVER AND COMPEL ARBITRATION,
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Att: 18
Declaration DECLARATION OF JENNIFER ARNOLD IN SUPPORT OF KAISER FOUNDATION HOSPITALS, INC.S MOTION TO SEVER AND COMPEL ARBITRATION,
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Att: 19
Proposed Order [PROPOSED] ORDER ON KAISER FOUNDATION HOSPITALS, INC.S DEFENDANTS MOTION TO SEVER AND COMPEL ARBITRATION
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| 18 | 18
MOTION to Strike Portions of Plaintiffs' Complaint filed by Kaiser Foundation Hospitals Inc., Kaiser Permanente Hayward Medical Center, Kaiser Permanente San Leandro Medical Center. Motion Hearing set for 6/16/2022 01:30 PM before Judge Edward M. Chen. Responses due by 5/26/2022. Replies due by 6/2/2022.(Lothyan, Jonna) [Transferred from California Northern on 8/8/2022.]
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Att: 1
Declaration Jennifer Arnold,
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Att: 2
Proposed Order
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| 19 | 19
MOTION to Shorten Time filed by Kaiser Foundation Hospitals Inc., Kaiser Permanente Hayward Medical Center, Kaiser Permanente San Leandro Medical Center.(Lothyan, Jonna) [Transferred from California Northern on 8/8/2022.]
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Att: 1
Declaration Jennifer Arnold,
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Att: 2
Proposed Order
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| 20 | 20
Corporate Disclosure Statement by Kaiser Foundation Hospitals Inc., Kaiser Permanente Hayward Medical Center, Kaiser Permanente San Leandro Medical Center (Lothyan, Jonna) [Transferred from California Northern on 8/8/2022.]
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| Friday, May 13, 2022 | ||
| 21 | 21
OPPOSITION/RESPONSE filed byAbbott Laboratories. (Brecht, Celeste) [Transferred from California Northern on 8/8/2022.]
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| 22 | 22
ERRATA re17 MOTION to Compel Arbitration NOTICE OF ERRATA RE: KAISER FOUNDATION HOSPITALS INC.S NOTICE OF LODGMENT OF EXHIBITS AND DECLARATIONS OF KERN CARSON AND KAYCEE VELARDE IN SUPPORT OF KAISER FOUNDATION HOSPITALS INC.S MOTION TO SEVER AND COMPEL ARBITRATION by Kaiser Foundation Hospitals Inc., Kaiser Permanente Hayward Medical Center, Kaiser Permanente San Leandro Medical Center.(Lothyan, Jonna) [Transferred from California Northern on 8/8/2022.]
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Att: 1
Exhibit NOTICE OF LODGMENT - REVISED EXHIBIT E,
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Att: 2
Declaration DECLARATION OF KAYCEE VELARDE IN SUPPORT OF KAISER FOUNDATION HOSPITALS, INC.S MOTION TO SEVER AND COMPEL ARBITRATION,
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Att: 3
Declaration DECLARATION OF KERN CARSON IN SUPPORT OF KAISER FOUNDATION HOSPITALS, INC.S MOTION TO SEVER AND COMPEL ARBITRATION
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| 23 | 23
OPPOSITION/RESPONSE TO PLAINTIFFS DEMAND FOR FEES AND COSTS ON THEIR MOTION TO REMANDc filed byMead Johnson & Company, LLC, Mead Johnson Nutrition Company. (Baum, Jonathan) [Transferred from California Northern on 8/8/2022.]
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| Monday, May 16, 2022 | ||
| 24 | 24
REPLY filed byKami Hartwick.(Graham, Mary) [Transferred from California Northern on 8/8/2022.]
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Att: 1
Declaration,
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Att: 2
Certificate/Proof of Service
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| Tuesday, May 17, 2022 | ||
| 25 | 25
NOTICE of Appearance by Kyle A. Fellenz (Fellenz, Kyle) [Transferred from California Northern on 8/8/2022.]
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| Wednesday, May 18, 2022 | ||
| 26 | 26
REPLY filed byAbbott Laboratories. (Brecht, Celeste) [Transferred from California Northern on 8/8/2022.]
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| Monday, May 23, 2022 | ||
| 27 | 27
NOTICE of Appearance by Jennifer Margarete Chapman Arnold (Chapman Arnold, Jennifer) [Transferred from California Northern on 8/8/2022.]
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| Thursday, May 26, 2022 | ||
| Reset Deadlines as to17 MOTION to Compel Arbitration ,18 MOTION to Strike Portions of Plaintiffs' Complaint . Responses due by 6/27/2022. Replies due by 7/7/2022. Motion Hearings reset to 7/14/2022 at 01:30 PM by Videoconference Only before Judge Edward M. Chen. (bxs, COURT STAFF) [Transferred from California Northern on 8/8/2022.] | ||
| 28 | 28
STIPULATION WITH PROPOSED ORDER to stay all claims against Kaiser Foundation Hospitals filed by Kami Hartwick.(Graham, Mary) [Transferred from California Northern on 8/8/2022.]
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Att: 1
Certificate/Proof of Service
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| 29 | 29
Order by Judge Edward M. Chen granting 28 Stipulation to stay all claims against Kaiser Foundation Hospitals. (bxs, COURT STAFF) [Transferred from California Northern on 8/8/2022.]
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| Friday, May 27, 2022 | ||
| 30 | 30 CLERK'S NOTICE CONTINUING MOTION HEARINGS RE17 MOTION to Compel Arbitration ,18 MOTION to Strike Portions of Plaintiffs' Complaint. Motion Hearing reset to 7/28/2022 at 01:30 PM by Videoconference Only before Judge Edward M. Chen. 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 [LINK:htt ps://www.cand.uscourts.gov/emc] General Order 58. Persons 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: [LINK:https://www.cand.uscourts.gov/zoom/] . (This is a text-only entry ge nerated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) [Transferred from California Northern on 8/8/2022.] | |
| Thursday, June 02, 2022 | ||
| 31 | 31
ORDER OF REFERRAL TO DETERMINE WHETHER CASES ARE RELATED. Signed by Judge Yvonne Gonzalez Rogers on 6/2/2022. (amg, COURT STAFF) [Transferred from California Northern on 8/8/2022.]
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| 32 | 32
ORDER REGARDING SUA SPONTE JUDICIAL REFERRAL FOR PURPOSES OF DETERMINING RELATIONSHIP OF CASES. Signed by Judge Edward M. Chen on 6/2/2022. (vla, COURT STAFF) [Transferred from California Northern on 8/8/2022.]
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| Tuesday, June 07, 2022 | ||
| 33 | 33
NOTICE by Abbott Laboratories of Lodging of Response in Support of Order of Referral to Determine Whether Cases are Related (Brecht, Celeste) [Transferred from California Northern on 8/8/2022.]
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| Thursday, June 09, 2022 | ||
| 34 | 34
Certificate of Interested Entities by Mead Johnson & Company, LLC, Mead Johnson Nutrition Company identifying Corporate Parent Reckitt Benckiser plc for Mead Johnson & Company, LLC, Mead Johnson Nutrition Company. (Baum, Jonathan) [Transferred from California Northern on 8/8/2022.]
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| 35 | 35
JOINT CASE MANAGEMENT STATEMENT filed by Abbott Laboratories. (Brecht, Celeste) [Transferred from California Northern on 8/8/2022.]
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| Monday, June 13, 2022 | ||
| 36 | 36
RELATED CASE ORDER RE DOCKET NOS. 31 AND 32 . Signed by Judge Haywood S. Gilliam, Jr. on 6/13/2022. (ndr, COURT STAFF) [Transferred from California Northern on 8/8/2022.]
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| 37 | 37
ORDER REASSIGNING CASE. Case reassigned to Judge Haywood S Gilliam, Jr for all further proceedings. Judge Edward M. Chen no longer assigned to case, Signed by The Clerk on 06/13/2022. (jrs, COURT STAFF) [Transferred from California Northern on 8/8/2022.]
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| Tuesday, June 14, 2022 | ||
| 38 | 38
NOTICE by Abbott Laboratories DEFENDANT ABBOTT LABORATORIESS NOTICE OF LODGING OF OPPOSITIONS TO PLAINTIFFS MOTIONS TO VACATE CONDITIONAL TRANSFER ORDER TO MDL NO. 3026(Brecht, Celeste) [Transferred from California Northern on 8/8/2022.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Monday, June 27, 2022 | ||
| ***Deadlines Terminated.*** (ndr, COURT STAFF) [Transferred from California Northern on 8/8/2022.] | ||
| 39 | 39
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) [Transferred from California Northern on 8/8/2022.]
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| Friday, August 05, 2022 | ||
| Remark: Notified IT of case transfer re40 MDL Transfer Order. (ecg, COURT STAFF) [Transferred from California Northern on 8/8/2022.] | ||
| 40 | 40
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. (ecg, COURT STAFF) [Transferred from California Northern on 8/8/2022.]
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| Monday, August 08, 2022 | ||
| 41 | 41
RECEIVED from California Northern; Case Number 4:22-cv-02598 (nsf,)
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| 42 | 42
MAILED MDL Transfer In Letter to counsel of record. (nsf, )
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