Terry Staten v. Astellas Pharma US Inc et al
California Central District Court | |
Judge: | Fernando L Aenlle-Rocha |
Referred: | Pedro V Castillo |
Case #: | 2:23-cv-01898 |
Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
Cause | 28:1391 Personal Injury |
Case Filed: | Mar 14, 2023 |
Terminated: | Aug 24, 2023 |
Last checked: Sunday Sep 10, 2023 3:43 AM PDT |
Defendant
Astellas Pharma US Inc
|
Represented By
|
Defendant
DOES
|
|
Defendant
Seagen, Inc.
|
Represented By
|
Plaintiff
Terry Staten
|
Represented By
|
TERMINATED PARTIES | |
Defendant
Agensys, Inc.
Terminated: 04/25/2023
|
Represented By
|
Docket last updated: 4 hours ago |
Thursday, August 24, 2023 | ||
48 | 48
order
Dismiss
Fri 08/25 11:37 AM
ORDER DISMISSING ACTION FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Fernando L. Aenlle-Rocha: The court determines Plaintiff has failed to demonstrate the amount in controversy exceeds $75,000 and finds that diversity jurisdiction does not exist. The court, therefore, DISMISSES the action without prejudice. All dates and deadlines in this court are VACATED. Defendants' Motion to Dismiss and/or Strike Plaintiffs Complaint26 is DENIED as MOOT. The clerk of the court shall close the action administratively.(Made JS-6. Case Terminated.) (lc) |
|
Friday, August 18, 2023 | ||
47 | 47
20
pgs
respm
Reply (Motion related)
Fri 08/18 3:14 PM
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss and/or Strike Plaintiff's Class Action Complaint 26 filed by Defendant Astellas Pharma US Inc. (Montenegro-Urch, Mayela) |
|
Monday, August 14, 2023 | ||
46 | 46
order
Scheduling Order ~Util - Set/Reset Deadlines/Hearings
Tue 08/15 9:38 AM
ORDER RE: SCHEDULE OF PRETRIAL AND TRIAL DATES, TRIAL REQUIREMENTS, ANDCONDUCT OF ATTORNEYS AND PARTIES by Judge Fernando L. Aenlle-Rocha: Jury Trial, Final Pretrial Conference and Motion in Limine dates TO BE SET. (SEE DOCUMENT FOR ALL DEADLINES SET AND TO BE SET). (lc) |
|
45 | 45
order
Order/Referral to ADR (No 3) (Private Mediator) (ADR-12)
Mon 08/14 3:58 PM
ORDER/REFERRAL to ADR Procedure No 3 by Judge Fernando L. Aenlle-Rocha. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 01/03/2025. (tf) |
|
44 | 44
textonly
Text Only Scheduling Notice
Mon 08/14 3:57 PM
(IN CHAMBERS) ORDER by Fernando L. Aenlle-Rocha: The court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the court VACATES the August 18, 2023, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) |
|
Thursday, August 10, 2023 | ||
43 | 43
misc
Response
Thu 08/10 4:22 PM
RESPONSE filed by Defendant Seagen, Inc. to Order to Show Cause(Watson, Thomas) |
|
Att: 1 Request for Judicial Notice, | ||
Att: 2 EXHIBIT A, | ||
Att: 3 EXHIBIT B, | ||
Att: 4 Proof of Service | ||
42 | 42
misc
Declaration
Thu 08/10 4:02 PM
DECLARATION of Evan Selik IN SUPPORT OF PLAINTIFF'S RESPONSE TO COURT'S ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION filed by Plaintiff Terry Staten. (Selik, Evan) |
|
41 | 41
misc
Response
Thu 08/10 3:57 PM
RESPONSE filed by Plaintiff Terry Staten TO COURT'S ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION (Selik, Evan) |
|
40 | 40
misc
Response
Thu 08/10 2:58 PM
RESPONSE filed by Defendant Astellas Pharma US Incto Order to Show Cause,,,37 (Montenegro-Urch, Mayela) |
|
Att: 1 Request for Judicial Notice, | ||
Att: 2 Exhibit A, | ||
Att: 3 Exhibit B | ||
Friday, August 04, 2023 | ||
39 | 39
misc
Joint Report Rule 26(f) Discovery Plan
Fri 08/04 3:44 PM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 days, filed by Defendant Seagen, Inc...(Watson, Thomas) |
|
Att: 1 Proof of Service | ||
Tuesday, August 01, 2023 | ||
38 | 38
30+
pgs
respm
Memorandum in Opposition to Motion
Tue 08/01 3:55 PM
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss and/or Strike Plaintiff's Class Action Complaint 26 filed by Plaintiff Terry Staten. (Selik, Evan) |
|
Thursday, July 27, 2023 | ||
37 | 37
3
pgs
order
Order to Show Cause
Thu 07/27 2:48 PM
ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Fernando L. Aenlle-Rocha: The parties are ORDERED to SHOW CAUSE, in writing only, within fourteen (14) days from the date of this Order, why this action should not be dismissed for lack of subject matter jurisdiction. The parties are encouraged to submit evidence and/or judicially noticeable facts in response to the courts Order. Responses shall be limited to ten (10) pages in length. The parties should consider this Order to be a two-pronged inquiry into the facial and factual sufficiency of Plaintiffs demonstration of jurisdiction. As Plaintiff is the party asserting federal jurisdiction, Plaintiff's failure to respond timely and adequately to this Order shall result in dismissal of the action without further notice. (lc) |
|
Tuesday, July 25, 2023 | ||
36 | 36
order
Appear Pro Hac Vice
Tue 07/25 1:21 PM
ORDER GRANTING APPLICATION of Non-Resident Attorney Jennise W. Stubbs to Appear Pro Hac Vice on behalf of Defendant Astellas Pharma US Inc. and designating designating Mayela C. Montenegro-Urch as local counsel34 by Judge Fernando L. Aenlle-Rocha. (lc) |
|
35 | 35
order
Appear Pro Hac Vice
Tue 07/25 1:18 PM
ORDER GRANTING APPLICATION of Non-Resident Attorney Mark C. Hegarty to Appear Pro Hac Vice on behalf of Defendant Astellas Pharma US Inc. and designating designating Mayela C. Montenegro-Urch as local counsel33 by Judge Fernando L. Aenlle-Rocha. (lc) |
|
Friday, July 21, 2023 | ||
34 | 34
motion
Appear Pro Hac Vice (G-64)
Fri 07/21 4:10 PM
APPLICATION of Non-Resident Attorney Jennise W. Stubbs to Appear Pro Hac Vice on behalf of Defendant Astellas Pharma US Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35718494) filed by defendant Astellas Pharma US Inc. (Montenegro-Urch, Mayela) |
|
Att: 1 Proposed Order | ||
33 | 33
motion
Appear Pro Hac Vice (G-64)
Fri 07/21 4:00 PM
APPLICATION of Non-Resident Attorney Mark C. Hegarty to Appear Pro Hac Vice on behalf of Defendant Astellas Pharma US Inc (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35718305) filed by defendant Astellas Pharma US Inc. (Montenegro-Urch, Mayela) |
|
Att: 1 Proposed Order | ||
Thursday, July 06, 2023 | ||
32 | 32
textonly
Text Only Scheduling Notice
Thu 07/06 10:06 AM
(IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: The parties' Stipulation to Continue Scheduling Conference (Dkt.31 ) is DENIED. The court expects the parties to continue diligently litigating the action while awaiting the court's ruling on any pending motion, including the Motion to Dismiss. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) |
|
Thursday, June 29, 2023 | ||
31 | 31
stip
Continue
Thu 06/29 4:17 PM
Joint STIPULATION to Continue Scheduling Conference filed by Defendant Seagen, Inc..(Bloom, Renata) |
|
Att: 1 Declaration of Renata Ortiz Bloom, | ||
Att: 2 Proposed Order, | ||
Att: 3 Certificate of Service | ||
Thursday, June 15, 2023 | ||
30 | 30
order
Initial Order Setting R26 Scheduling Conference - form only
Thu 06/15 4:36 PM
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 8/18/2023 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (tf) |
|
29 | 29
notice
Certificate/Notice of Interested Parties
Thu 06/15 3:49 PM
NOTICE of Interested Parties filed by Defendant Seagen, Inc.,(Bloom, Renata) |
|
Att: 1 PROOF OF SERVICE | ||
28 | 28
misc
Corporate Disclosure Statement
Thu 06/15 3:29 PM
CORPORATE DISCLOSURE STATEMENT filed by Defendant Astellas Pharma US Inc identifying Astellas US Holding, Inc. as Corporate Parent. (Montenegro-Urch, Mayela) |
|
27 | 27
notice
Certificate/Notice of Interested Parties
Thu 06/15 3:15 PM
NOTICE of Interested Parties filed by defendant Astellas Pharma US Inc, (Montenegro-Urch, Mayela) |
|
26 | 26
motion
Dismiss (cause or other)
Thu 06/15 3:10 PM
NOTICE OF MOTION AND MOTION to Dismiss and/or Strike Plaintiff's Class Action Complaint filed by defendant Astellas Pharma US Inc. Motion set for hearing on 9/1/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Montenegro-Urch, Mayela) |
|
Att: 1 Proposed Order | ||
Wednesday, May 03, 2023 | ||
25 | 25
order
Extending Answer Due Deadline
Wed 05/03 1:47 PM
ORDER GRANTING STIPULATION TO CONTINUE DEFENDANTS ASTELLAS PHARMA US, INC. AND SEAGEN,INC'S RESPONSE DATE TO THE COMPLAINT FROM MAY 5, 2023 TO JUNE 15, 202322 by Judge Fernando L. Aenlle-Rocha. (lc) |
|
24 | 24
notice
Deficiency in Electronically Filed Documents (G-112A) - optional html form
Wed 05/03 1:20 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance23 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123.. 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. (ak) |
|
23 | 23
notice
Appearance
Wed 05/03 8:01 AM
NOTICE of Appearance filed by attorney Mayela C. Montenegro-Urch on behalf of Defendant Astellas Pharma US Inc (Attorney Mayela C. Montenegro-Urch added to party Astellas Pharma US Inc(pty:dft))(Montenegro-Urch, Mayela) |
|
Monday, May 01, 2023 | ||
22 | 22
stip
Extending Time to Answer (More than 30 days)
Mon 05/01 5:14 PM
Second STIPULATION for Extension of Time to File Answer to June 15, 2023 re Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Terry Staten.(Selik, Evan) |
|
Att: 1 Proposed Order | ||
Thursday, April 27, 2023 | ||
21 | 21
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Thu 04/27 1:55 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Kevin W Alexander counsel for Defendant Seagen, Inc.. Adding Kevin W. Alexander as counsel of record for Seagen, Inc, for the reason indicated in the G-123 Notice. Filed by Defendant Seagen, Inc.. (Attorney Kevin W Alexander added to party Seagen, Inc.(pty:dft))(Alexander, Kevin) |
|
Tuesday, April 25, 2023 | ||
20 | 20
notice
Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1))
Tue 04/25 9:54 AM
NOTICE OF DISMISSAL filed by Plaintiff Terry Staten pursuant to FRCP 41a(1) as to Agensys, Inc.. (Selik, Evan) |
|
Monday, April 10, 2023 | ||
19 | 19
notice
Deficiency in Electronically Filed Documents (G-112A) - optional html form
Mon 04/10 2:19 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance18 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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. (ak) |
|
Friday, April 07, 2023 | ||
18 | 18
notice
Appearance
Fri 04/07 11:28 AM
NOTICE of Appearance filed by attorney Thomas Robert Watson on behalf of Defendant Seagen, Inc. (Attorney Thomas Robert Watson added to party Seagen, Inc.(pty:dft))(Watson, Thomas) |
|
Thursday, April 06, 2023 | ||
17 | 17
stip
Extending Time to Answer (30 days or less)
Thu 04/06 9:13 AM
STIPULATION Extending Time to Answer the complaint as to Astellas Pharma US Inc answer now due 5/5/2023; Agensys, Inc. answer now due 5/5/2023, re Complaint (Attorney Civil Case Opening)1 filed by Defendants Astellas Pharma US Inc; Agensys, Inc..(Attorney Michael L. Mallow added to party Agensys, Inc.(pty:dft), Attorney Michael L. Mallow added to party Astellas Pharma US Inc(pty:dft))(Mallow, Michael) |
|
Tuesday, April 04, 2023 | ||
16 | 16
service
Service of Summons and Complaint Returned Executed (21 days)
Tue 04/04 11:00 AM
PROOF OF SERVICE Executed by Plaintiff Terry Staten, upon Defendant Service of the Summons and Complaint were executed upon Koy Saechao, Agents for Service Process, Authorized to Accept in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Selik, Evan) |
|
15 | 15
service
Service of Summons and Complaint Returned Executed (21 days)
Tue 04/04 10:13 AM
PROOF OF SERVICE Executed by Plaintiff Terry Staten, upon Defendant Agensys, Inc. served on 3/17/2023, answer due 4/7/2023. Service of the Summons and Complaint were executed upon Koy Saechao, Agents for Service Process, Authorized to Accept in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Selik, Evan) |
|
14 | 14
service
Service of Summons and Complaint Returned Executed (21 days)
Tue 04/04 10:11 AM
PROOF OF SERVICE Executed by Plaintiff Terry Staten, upon Defendant Seagen, Inc. served on 3/17/2023, answer due 5/5/2023. Service of the Summons and Complaint were executed upon Daisy Montenegro, Agent for Service, Authorized to Accept Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Selik, Evan) |
|
13 | 13
service
Service of Summons and Complaint Returned Executed (21 days)
Tue 04/04 10:09 AM
PROOF OF SERVICE Executed by Plaintiff Terry Staten, upon Defendant Astellas Pharma US Inc served on 3/17/2023, answer due 4/7/2023. Service of the Summons and Complaint were executed upon Koy Saechao, Agents for Service Process, Authorized to Accept in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Selik, Evan) |
|
Friday, March 31, 2023 | ||
12 | 12
stip
Extending Time to Answer (30 days or less)
Fri 03/31 9:30 AM
STIPULATION Extending Time to Answer the complaint as to Seagen, Inc. answer now due 5/5/2023, re Complaint (Attorney Civil Case Opening)1 filed by Defendant Seagen, Inc..(Attorney Renata Ortiz Bloom added to party Seagen, Inc.(pty:dft))(Bloom, Renata) |
|
Friday, March 17, 2023 | ||
11 | 11
order
Initial Order upon Filing of Complaint - form only
Fri 03/17 9:35 AM
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf) |
|
Wednesday, March 15, 2023 | ||
10 | 10
notice
Certificate/Notice of Interested Parties
Wed 03/15 12:45 PM
CERTIFICATE of Interested Parties filed by Plaintiff Terry Staten, identifying Terry Staten, Astellas Pharma US Inc, Seagen Inc, Agensys Inc. (Selik, Evan) |
|
9 | 9
notice
Deficiency in Attorney Case Opening
Wed 03/15 10:59 AM
NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (jtil) |
|
8 | 8
service
Summons Issued (Attorney Civil Case Opening)
Wed 03/15 10:56 AM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Agensys, Inc. (jtil) |
|
Tuesday, March 14, 2023 | ||
7 | 7
service
Summons Issued (Attorney Civil Case Opening)
Tue 03/14 4:58 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Astellas Pharma US Inc. (jtil) |
|
6 | 6
notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Tue 03/14 4:24 PM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
|
5 | 5
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Tue 03/14 4:23 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
|
4 | 4
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Tue 03/14 4:23 PM
NOTICE OF ASSIGNMENT to District Judge Fernando L Aenlle-Rocha and Magistrate Judge Pedro V. Castillo. (jtil) |
|
3 | 3
notice
Summons Request
Tue 03/14 3:27 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 , Civil Cover Sheet (CV-71)2 filed by Plaintiff Terry Staten. (Selik, Evan) |
|
2 | 2
misc
Civil Cover Sheet (CV-71)
Tue 03/14 3:25 PM
CIVIL COVER SHEET filed by Plaintiff Terry Staten. (Selik, Evan) |
|
1 | 1
12
pgs
cmp
Complaint (Attorney Civil Case Opening)
Tue 03/14 3:21 PM
COMPLAINT Receipt No: ACACDC-34954790 - Fee: $402, filed by Plaintiff Terry Staten. (Attorney Evan M Selik added to party Terry Staten(pty:pla))(Selik, Evan) |