Soto v. Baxter Healthcare Corp. et al
| California Northern District Court | |
| Judge: | James Donato |
| Case #: | 3:23-cv-01002 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Mar 06, 2023 |
| Re-opened: | Sep 20, 2024 |
| Terminated: | Oct 21, 2024 |
| Case in other court: | Santa Clara County Superior Court, 22CV405328 |
| Last checked: Saturday Sep 02, 2023 3:00 AM PDT |
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Defendant
Baxter Healthcare Corp.
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Represented By
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Plaintiff
Matthew Soto
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Represented By
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GPO
Oct 21 2024
e addresses of record listed on the Notice of Electronic Filing (NEF)ORDER CONDITIONALLY DISMISSING CASE. Signed by Judge James Donato on 10/21/2024. ***Civil Case Terminated. (jdlc2, COURT STAFF) (Filed on 10/21/2024)Any non-CM/ECF Participants have been served by First Class Mail to th |
| Docket last updated: 07/06/2025 11:59 PM PDT |
| Monday, October 21, 2024 | ||
| 49 | 49
1
pgs
order
Order Dismissing Case Terminate Civil Case
Mon 10/21 2:54 PM
ORDER CONDITIONALLY DISMISSING CASE. Signed by Judge James Donato on 10/21/2024. ***Civil Case Terminated. (jdlc2, 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) |
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| Friday, October 11, 2024 | ||
| 48 | 48
notice
Notice (Other)
Fri 10/11 12:58 PM
Notice of Settlement by Baxter Healthcare Corp. (Friedman, Eric) Modified on 10/11/2024 (anj, COURT STAFF) |
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| Friday, October 04, 2024 | ||
| 47 | 47
respoth
Answer to Amended Complaint
Fri 10/04 1:49 PM
Answer to Amended Complaint22 Complaint Answer of Defendant Baxter Healthcare Corp. to Plaintiff's Second Amended Complaint by Baxter Healthcare Corp.. (Friedman, Eric) |
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| 46 | 46
notice
Notice of Appearance/Substitution/Change/Withdrawal of Attorney
Fri 10/04 9:38 AM
NOTICE of Substitution of Counsel: Attorney Emily Weissenberger substituted for Tarifa B. Laddon on behalf of Baxter Healthcare Corp. (Weissenberger, Emily) |
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| Friday, September 20, 2024 | ||
| 45 | 45
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pgs
order
Order ~Util - Terminate Motions ~Util - Case Reopened ~Util - Add and Terminate Attorneys
Fri 09/20 12:04 PM
ORDER granting 41 Motion to Withdraw. Attorneys Bradley Richard Bowles, Steven Hambrook Cross, and Mason Aria terminated. Case reopened. Signed by Judge James Donato on 9/20/2024. (jdlc2, COURT STAFF) |
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| Tuesday, September 17, 2024 | ||
| 44 | 44
oth_sup
Declaration in Support
Tue 09/17 5:05 PM
Declaration of Bradley R. Bowles in Support of41 MOTION to Withdraw as Attorney or Plaintiff filed byMatthew Soto. (Bowles, Bradley) |
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| Friday, September 06, 2024 | ||
| 43 | 43
order
Order on Stipulation
Fri 09/06 6:14 PM
Order by Judge James Donato granting 42 Stipulation. The deadline for filing a joint proposed case schedule is extended to October 17, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) |
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| Tuesday, September 03, 2024 | ||
| 42 | 42
motion
Stipulation and Proposed Order
Tue 09/03 12:13 PM
STIPULATION WITH PROPOSED ORDER to Continue September 9, 2024 Deadline for Submitting Joint Proposed Case Schedule filed by Baxter Healthcare Corp..(Friedman, Eric) Modified on 9/3/2024 (anj, COURT STAFF) |
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Att: 1
Proposed Order
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| Wednesday, August 28, 2024 | ||
| 41 | 41
motion
Withdraw as Party's Only Attorney
Wed 08/28 10:18 AM
MOTION to Withdraw as Attorney for Plaintiff filed by Matthew Soto. Motion Hearing set for 10/3/2024 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 9/11/2024. Replies due by 9/18/2024.(Bowles, Bradley) |
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Att: 1
Declaration,
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Att: 2
Proposed Order
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| Tuesday, June 25, 2024 | ||
| 40 | 40
order
Order on Stipulation
Tue 06/25 5:04 PM
Order by Judge James Donato granting 39 Stipulation. At the joint request of the parties, the mediation deadline is extended to August 27, 2024, and if the case does not settle, the parties will file a jointly proposed case schedule by September 9, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) |
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| Thursday, June 20, 2024 | ||
| 39 | 39
motion
Stipulation and Proposed Order
Thu 06/20 3:17 PM
Stipulated request to continue June 28, 2024 Mediation Deadline and July 10, 2024 Deadline for submitting Joint Proposed Case Schedule re38 Order Referring Case to Private ADR, Terminate Motions, Set/Clear Flags, Terminated Case filed by Baxter Healthcare Corp..(Friedman, Eric) Modified on 6/20/2024 (anj, COURT STAFF) |
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Att: 1
Proposed Order Granting Stipulation
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| Wednesday, March 27, 2024 | ||
| 38 | 38
3
pgs
order
Order Referring Case to Private ADR ~Util - Terminate Motions ~Util - Set/Clear Flags Terminate Civil Case
Wed 03/27 3:49 PM
ORDER RE MOTION TO DISMISS AND REFERRING CASE TO PRIVATE MEDIATION. Signed by Judge James Donato on 3/27/2024. ***Civil Case Stayed and Administratively Closed. (jdlc2, COURT STAFF) |
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utility
Case Referred to Private ADR
Wed 03/27 4:06 PM
CASE REFERRED to Private ADR. (cmf, COURT STAFF) |
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| Wednesday, January 24, 2024 | ||
| 37 | 37
order
Order 1 - Terminate Deadlines and Hearings
Wed 01/24 9:59 AM
ORDER. The Court is unavailable on short notice. The case management conference set for January 25, 2024, is vacated and will be rescheduled. Signed by Judge James Donato on 1/24/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) |
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| Friday, January 19, 2024 | ||
| 36 | 36
adr
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
Fri 01/19 3:21 PM
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Parties and Counsel on behalf of Plaintiff Matthew Soto (Aria, Mason) |
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| Thursday, January 18, 2024 | ||
| 35 | 35
misc
Case Management Statement
Thu 01/18 10:10 AM
CASE MANAGEMENT STATEMENT and 26(f) Report filed by Baxter Healthcare Corp.. (Laddon, Tarifa) |
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| Wednesday, January 17, 2024 | ||
| 34 | 34
notice
Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures
Wed 01/17 4:46 PM
Certificate of Interested Entities by Matthew Soto PLAINTIFFS DISCLOSURE OF CONFLICTS AND INTERESTED ENTITIES OR PERSONS PURSUANT TO LOCAL RULE 3-15 (Aria, Mason) |
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| Thursday, January 04, 2024 | ||
| 33 | 33
adr
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
Thu 01/04 12:50 PM
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Friedman, Eric) |
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| Tuesday, January 02, 2024 | ||
| 32 | 32
order
Order ~Util - Terminate Motions
Tue 01/02 3:50 PM
ORDER. The request to vacate the case management conference, Dkt. No. 31, is denied. The CMC will be held on January 25, 2024, and the Court will also resolve the pending motion to dismiss, Dkt. No. 23, from the bench at that time. Signed by Judge James Donato on 1/2/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) |
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| Friday, December 22, 2023 | ||
| 31 | 31
motion
Stipulation and Proposed Order
Fri 12/22 12:05 PM
STIPULATION WITH PROPOSED ORDER Vacating Case Management Conference re 30 Order,, Terminate Motions,, Terminate Deadlines and Hearings,, Set Deadlines/Hearings, filed by Baxter Healthcare Corp. and Matthew Soto.(Laddon, Tarifa) Modified on 12/22/2023 (jml, COURT STAFF) |
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Att: 1
Proposed Order
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| Friday, September 08, 2023 | ||
| 30 | 30
order
Order ~Util - Terminate Motions 1 - Terminate Deadlines and Hearings ~Util - Set Deadlines/Hearings
Fri 09/08 2:53 PM
ORDER RE 29 STIPULATION. The initial case management conference is re-set for 1/25/2024 at 10:00 AM in San Francisco, Courtroom 11, 19th Floor. A joint case management statement is due by 1/18/2024. Signed by Judge James Donato on 9/8/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) |
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| Wednesday, August 30, 2023 | ||
| 29 | 29
motion
Stipulation and Proposed Order
Wed 08/30 2:17 PM
STIPULATION WITH PROPOSED ORDER re 21 Order,,, Terminate Motions,,, Terminate Deadlines and Hearings,,, Set Deadlines/Hearings,, filed by Baxter Healthcare Corp..(Friedman, Eric) |
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Att: 1
Proposed Order Granting Stipulation
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| Monday, August 28, 2023 | ||
| 28 | 28
notice
Notice of Appearance
Mon 08/28 1:27 PM
NOTICE of Appearance by Mason Aria (Aria, Mason) |
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| 27 | 27
order
Order 1 - Terminate Deadlines and Hearings
Mon 08/28 11:57 AM
ORDER. The motion to dismiss, Dkt. No. 23, is suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). The hearing that was set for August 31, 2023, is vacated. Signed by Judge James Donato on 8/28/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) |
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| Friday, July 21, 2023 | ||
| 26 | 26
oth_evt
Clerk's Notice 1 - Terminate Hearings ~Util - Set Motion and Deadlines/Hearings
Fri 07/21 3:08 PM
CLERK'S NOTICE. Set/Reset Deadlines as to23 Motion to Dismiss Second Amended Complaint. Motion Hearing reset for 8/31/2023 at 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) |
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| Friday, June 30, 2023 | ||
| 25 | 25
respm
Reply to Opposition/Response
Fri 06/30 12:57 PM
REPLY Pursuant to Federal of Civil Procedure 12(b)(6) filed byBaxter Healthcare Corp.. (Laddon, Tarifa) |
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| Friday, June 23, 2023 | ||
| 24 | 24
respm
Opposition/Response to Motion
Fri 06/23 4:24 PM
OPPOSITION/RESPONSE filed byMatthew Soto.(Bowles, Bradley) |
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Att: 1
Declaration of Bradley R. Bowles in Support of Plaintiff's Opposition to Motion to Dismiss the Second Amended Complaint,
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Att: 2
Proposed Order
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| Friday, June 09, 2023 | ||
| 23 | 23
motion
Dismiss
Fri 06/09 3:04 PM
MOTION to Dismiss Second Amended Complaint filed by Baxter Healthcare Corp.. Motion Hearing set for 7/27/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 6/23/2023. Replies due by 6/30/2023.(Friedman, Eric) |
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Att: 1
Memorandum of Points and Authorities In Support of Motion,
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Att: 2
Declaration of Eric M. Friedman In Support of Motion,
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Att: 3
Exhibit 1-5 to Friedman Decl.,
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Att: 4
Proposed Order Granting Motion
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| Friday, May 26, 2023 | ||
| 22 | 22
cmp
Complaint
Fri 05/26 1:56 PM
COMPLAINT SECOND AMENDED against Baxter Healthcare Corp.. Filed byMatthew Soto. (Bowles, Bradley) |
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| 21 | 21
order
Order ~Util - Terminate Motions 1 - Terminate Deadlines and Hearings ~Util - Set Deadlines/Hearings
Fri 05/26 1:44 PM
ORDER re 20 Stipulated Request to Vacate or Continue June 8, 2023 Case Management Conference. At the joint request of the parties, the initial case management conference is re-set for September 21, 2023, at 10:00 a.m. in San Francisco, Courtroom 11, 19th Floor. A joint case management statement is due by September 14, 2023. Signed by Judge James Donato on 5/26/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) |
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| Thursday, May 25, 2023 | ||
| 20 | 20
motion
Vacate
Thu 05/25 7:42 AM
Stipulated Request to Vacate or Continue June 8, 2023 Case Management Conference filed by Baxter Healthcare Corp. and Matthew Soto. Responses due by 6/8/2023. Replies due by 6/15/2023.(Friedman, Eric) Modified on 5/25/2023 (anj, COURT STAFF) |
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Att: 1
Proposed Order on Stipulated Request to Vacate or Continue June 8, 2023 Case Management Conference
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| Monday, April 24, 2023 | ||
| 19 | 19
order
Order ~Util - Terminate Motions
Mon 04/24 5:35 PM
ORDER. Defendant Baxter Healthcare Corp.'s motion to dismiss, Dkt. No. 9, is suitable for decision without oral argument. Civil L.R. 7-1(b). In its current form, plaintiff Soto's first amended complaint does not adequately plead the necessary facts to support his argument that the delayed discovery rule should be applied to toll the applicable statutes of limitations, Dkt. No. 11. See Ordono v. U.S. Bank Natl Assn , No. 14-cv-00774-JD, 2014 WL 3610952, at *4 (N.D. Cal. July 21, 2014). Plaintiff's bare allegation that he "received a letter from Kaiser, dated May 7, 2021, regarding the cause of death of his mother," Dkt. No. 1-3 at ECF p. 46, is not enough. Plaintiff has requested leave to amend, and at this early stage of the case, that request is appropriately granted. Plaintiff is directed to file a second amended complaint by May 26, 2023, which, as he has proposed, will "more fully allege the facts of the delayed discovery." Dkt. No. 11 at 2. Defendant may renew its dismissal arguments as warranted in response to the second amended complaint. The hearing that was set for April 27, 2023, is vacated. Signed by Judge James Donato on 4/24/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) |
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| Monday, April 17, 2023 | ||
| 18 | 18
service
Certificate/Proof of Service
Mon 04/17 3:11 PM
CERTIFICATE OF SERVICE by Baxter Healthcare Corp. of filing and Service of Notice to Adverse Party and to State Court of Removal of Civil Action to Federal Court (Laddon, Tarifa) |
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utility
Electronic Filing Error
Mon 04/17 1:56 PM
[LINK:Electronic filing error] . Incorrect event used. [err101] The correct event is: Civil Events > Initial Pleadings and Service > Service of Process > Certificate/Proof of Service. Please re-file in its entirety. Re: 17 Notice (Other) filed by Baxter Healthcare Corp. (anj, COURT STAFF) |
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| Friday, April 14, 2023 | ||
| 17 | 17
notice
Notice (Other)
Fri 04/14 3:39 PM
NOTICE by Baxter Healthcare Corp. of Certificate of Filing and Service of Notice to Adverse Party and to State Court of Removal of Civil Action to Federal Court (Laddon, Tarifa) |
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| Wednesday, April 05, 2023 | ||
| 16 | 16
2
pgs
order
Order on Motion for Pro Hac Vice
Wed 04/05 7:54 AM
ORDER by Judge James Donato granting 14 Motion for Pro Hac Vice as to Jessica Cox. (lrc, COURT STAFF) |
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| 15 | 15
notice
Notice of Appearance
Wed 04/05 5:52 AM
NOTICE of Appearance by Eric Friedman (Friedman, Eric) |
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| Tuesday, April 04, 2023 | ||
| 14 | 14
motion
Pro Hac Vice
Tue 04/04 9:39 AM
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18137279.) filed by Baxter Healthcare Corp.. (Cox, Jessica) |
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| Monday, April 03, 2023 | ||
| 13 | 13
respm
Reply to Opposition/Response
Mon 04/03 9:08 AM
REPLY filed byBaxter Healthcare Corp.. (Laddon, Tarifa) |
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| Monday, March 27, 2023 | ||
| 12 | 12
misc
Proposed Order
Mon 03/27 12:16 PM
Proposed Order re9 MOTION to Dismiss First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6); Memorandum of Points and Authorities by Matthew Soto. (Bowles, Bradley) |
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| 11 | 11
respm
Opposition/Response to Motion
Mon 03/27 12:14 PM
OPPOSITION/RESPONSE filed byMatthew Soto. (Bowles, Bradley) |
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| Tuesday, March 14, 2023 | ||
| 10 | 10
order
Case Management Scheduling Order
Tue 03/14 8:48 AM
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 6/8/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 6/1/2023. Signed by Judge James Donato on 3/14/2023. (lrc, COURT STAFF) |
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| Monday, March 13, 2023 | ||
| 9 | 9
motion
Dismiss
Mon 03/13 4:47 PM
MOTION to Dismiss First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6); Memorandum of Points and Authorities filed by Baxter Healthcare Corp.. Motion Hearing set for 4/27/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 3/27/2023. Replies due by 4/3/2023.(Laddon, Tarifa) |
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Att: 1
Declaration of Tarifa B. Laddon in Support of Motion,
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Att: 2
Proposed Order Granting Defendant's Motion
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| 8 | 8
utility
Case Assigned/Reassigned
Mon 03/13 11:39 AM
Case reassigned to Judge James Donato for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan Van Keulen no longer assigned to case. Reassignment Order signed by Clerk on 3/13/2023. (bw, COURT STAFF) |
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Att: 1
Notice of Eligibility for Video Recording
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| 7 | 7
utility
~Util - Notice Assigning/ Reassigning Case (CRJ)
Mon 03/13 11:30 AM
This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at[LINK:https://cand.uscourts.gov/notices/northern-district-extends-caseload-rebalancing-pilot-program/] . (bw, COURT STAFF) |
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| 6 | 6
oth_evt
Clerk's Notice of Impending Reassignment - Text Only
Mon 03/13 10:28 AM
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. (jhf, COURT STAFF) |
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| 5 | 5
misc
Consent/Declination to Proceed Before a US Magistrate Judge
Mon 03/13 8:48 AM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Baxter Healthcare Corp... (Laddon, Tarifa) |
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| Tuesday, March 07, 2023 | ||
| 4 | 4
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/30/2023. Initial Case Management Conference set for 6/6/2023 09:30 AM in San Jose, Courtroom 6, 4th Floor. (jml, COURT STAFF)
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| Monday, March 06, 2023 | ||
| 3 | 3 Case assigned to Magistrate Judge Susan van Keulen. 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 3/20/2023. (jrs, COURT STAFF) | |
| 2 | 2
Corporate Disclosure Statement by Baxter Healthcare Corp. identifying Corporate Parent Baxter International Inc. for Baxter Healthcare Corp.. and Notice of Interested Parties (Laddon, Tarifa)
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| 1 | 1
NOTICE OF REMOVAL from Santa Clara County Superior Court. Their case number is 22CV405328. (Filing fee $402 receipt number ACANDC-18046296). Filed byBaxter Healthcare Corp..(Laddon, Tarifa)
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Att: 1
Civil Cover Sheet,
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Att: 2
Declaration of Matthew Rice in Support of Defendant's Removal,
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Att: 3
Declaration of Tarifa B. Laddon in Support of Defendant's Removal
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