This case was last updated from U.S. District Courts on 02/28/2022 at 08:19:06 (UTC).

Austin et al v. Boehringer Ingelheim Corporation et al

Case Summary

On 12/30/2021 Austin filed a Personal Injury - Medical/Pharmaceutical Product Liability lawsuit against Boehringer Ingelheim Corporation. This case was filed in U.S. District Courts, California Northern District. The Judges overseeing this case are Thomas S. Hixson and James Donato. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-10069

  • Filing Date:

    12/30/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical/Pharmaceutical Product Liability

Judge Details

Presiding Judges

Thomas S. Hixson

James Donato

 

Party Details

Plaintiffs

John Austin

El Cerrito, CA 94530

Lisa Austin

Defendants

Boehringer Ingelheim Corporation

McKesson Corporation

Attorney/Law Firm Details

Defendant Attorneys

Michael F. Healy

Attorney at Shook, Hardy & Bacon L.L.P.

555 Mission Street, Suite 2300

San Francisco, CA 94105

Emily Weissenberger

Attorney at Shook, Hardy & Bacon L.L.P.

555 Mission Street, Suite 2300

San Francisco, CA 94105

 

Court Documents

#24

(#24) REPLY (re #7 MOTION to Dismiss Plaintiff's Complaint ) filed byBoehringer Ingelheim Corporation, McKesson Corporation. (Healy, Michael) (Filed on 2/17/2022) (Entered: 02/17/2022)

7 #8

Certificate/Proof of Service

7 #7

Proposed Order

7 #6

Declaration of Christian Orth

7 #5

Exhibit D

7 #4

Exhibit C

7 #3

Exhibit B

7 #2

Exhibit A

7 #7

Main Document

#3

(#5) CERTIFICATE OF SERVICE by Boehringer Ingelheim Corporation, McKesson Corporation re #1 Notice of Removal, #3 Certificate of Interested Entities, 4 Case Assigned by Intake,,, #2 Certificate of Interested Entities served 12/30/21 (Healy, Michael) (Filed on 12/30/2021) (Entered: 12/30/2021)

#2

#Electronic filing error. Filer is reminded NOT to bypass the screen when prompted to add Corporate Parent and/or Other Affiliate. Corrected by Clerk's Office. No f urther action is necessary. Re: #2 Certificate of Interested Entities, filed by Boehringer Ingelheim Corporation. (mcl, COURT STAFF) (Filed on 1/3/2022) (Entered: 01/03/2022)

1 #6

Exhibit 4

1 #5

Exhibit 3

1 #4

Exhibit 2

1 #3

Exhibit 1

1 #2

Declaration of Michael Healy ISO Removal

1 #1

Civil Cover Sheet

1 #1

Main Document

29 More Documents Available

 

Docket Entries

  • 02/18/2022
  • Docket(#25) ORDER. The motion to dismiss, Dkt. No. 7, is suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). The hearing and case management conference that were set for February 24, 2022, are vacated. The Court will enter a scheduling order. Signed by Judge James Donato on 2/18/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 2/18/2022)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) Modified on 2/18/2022 (jdlc3, COURT STAFF). (Entered: 02/18/2022)

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  • 02/17/2022
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  • Docket(#24) REPLY (re #7 MOTION to Dismiss Plaintiff's Complaint ) filed byBoehringer Ingelheim Corporation, McKesson Corporation. (Healy, Michael) (Filed on 2/17/2022) (Entered: 02/17/2022)

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  • 02/17/2022
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  • Docket(#23) JOINT CASE MANAGEMENT STATEMENT filed by Boehringer Ingelheim Corporation, McKesson Corporation. (Weissenberger, Emily) (Filed on 2/17/2022) (Entered: 02/17/2022)

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  • 02/14/2022
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  • Docket(#22) OPPOSITION/RESPONSE (re #7 MOTION to Dismiss Plaintiff's Complaint ) filed byJohn Austin. (mcl, COURT STAFF) (Filed on 2/14/2022) (Entered: 02/14/2022)

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  • 02/10/2022
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  • Docket(#21) OPPOSITION/RESPONSE (re #7 MOTION to Dismiss Plaintiff's Complaint ) filed byJohn Austin. (Austin, John) (Filed on 2/10/2022) (Entered: 02/10/2022)

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  • 02/07/2022
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  • Docket(#20) Declaration of John Austin in support of motion to change deadline for filing filed byJohn Austin. (Attachments: #1 Envelope)(mcl, COURT STAFF) (Filed on 2/7/2022) (Entered: 02/07/2022)

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  • 02/04/2022
  • Docket(#19) ORDER. At plaintiff's request, Dkt. No. 16, and in light of plaintiff's pro se status, plaintiff may respond to the motion to dismiss, Dkt. No. 7, by February 10, 2022. Signed by Judge James Donato on 2/4/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 2/4/2022)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) (Entered: 02/04/2022)

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  • 02/02/2022
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  • Docket(#18) Declaration of John Austin in Support of #16 ADMINISTRATIVE MOTION to change Deadline for Response to Motion to Dismiss changed to Feb 10, 2022 filed byJohn Austin. (Related document(s) #16 ) (Austin, John) (Filed on 2/2/2022) (Entered: 02/02/2022)

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  • 01/31/2022
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  • Docket(#17) OPPOSITION/RESPONSE (re #16 ADMINISTRATIVE MOTION to change Deadline for Response to Motion to Dismiss changed to Feb 10, 2022 ) filed byBoehringer Ingelheim Corporation, McKesson Corporation. (Healy, Michael) (Filed on 1/31/2022) (Entered: 01/31/2022)

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  • 01/28/2022
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  • Docket(#16) ADMINISTRATIVE MOTION and [PROPOSED] Order to change Deadline for Response to Motion to Dismiss changed to Feb 10, 2022 filed by John Austin. Responses due by 1/27/2022. (Austin, John) (Filed on 1/28/2022) Modified on 1/31/2022 (mcl, COURT STAFF). (Entered: 01/28/2022)

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7 More Docket Entries
  • 01/06/2022
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  • Docket(#9) CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendants shall file a consent or declination to proceed before a magistrate judge by 1/13/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email. Plaintiff also notified by attached letter.) (tshlc1, COURT STAFF) (Filed on 1/6/2022)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) (Entered: 01/06/2022)

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  • 01/06/2022
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  • Docket(#8) Request for Judicial Notice re #7 MOTION to Dismiss Plaintiff's Complaint filed byBoehringer Ingelheim Corporation, McKesson Corporation. (Related document(s) #7 ) (Healy, Michael) (Filed on 1/6/2022) (Entered: 01/06/2022)

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  • 01/06/2022
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  • Docket(#7) MOTION to Dismiss Plaintiff's Complaint filed by Boehringer Ingelheim Corporation, McKesson Corporation. Motion Hearing set for 2/17/2022 10:00 AM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Thomas S. Hixson. Responses due by 1/20/2022. Replies due by 1/27/2022. (Attachments: #1 Declaration of Michael Healy ISO Motion to Dismiss Plaintiff's Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Declaration of Christian Orth, #7 Proposed Order, #8 Certificate/Proof of Service)(Healy, Michael) (Filed on 1/6/2022) (Entered: 01/06/2022)

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  • 01/03/2022
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  • Docket#Electronic filing error. Filer is reminded NOT to bypass the screen when prompted to add Corporate Parent and/or Other Affiliate. Corrected by Clerk's Office. No f urther action is necessary. Re: #2 Certificate of Interested Entities, filed by Boehringer Ingelheim Corporation. (mcl, COURT STAFF) (Filed on 1/3/2022) (Entered: 01/03/2022)

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  • 01/03/2022
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  • Docket(#6) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/24/2022. Initial Case Management Conference set for 3/31/2022 10:00 AM. (mcl, COURT STAFF) (Filed on 1/3/2022)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) (Entered: 01/03/2022)

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  • 12/30/2021
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  • Docket(#5) CERTIFICATE OF SERVICE by Boehringer Ingelheim Corporation, McKesson Corporation re #1 Notice of Removal, #3 Certificate of Interested Entities, 4 Case Assigned by Intake,,, #2 Certificate of Interested Entities served 12/30/21 (Healy, Michael) (Filed on 12/30/2021) (Entered: 12/30/2021)

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  • 12/30/2021
  • Docket(#4) Case assigned to Magistrate Judge Thomas S. Hixson. 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/13/2022. (as, COURT STAFF) (Filed on 12/30/2021) (Entered: 12/30/2021)

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  • 12/30/2021
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  • Docket(#3) Corporate Disclosure Statement by McKesson Corporation (Healy, Michael) (Filed on 12/30/2021) Modified on 1/3/2022 (mcl, COURT STAFF). (Entered: 12/30/2021)

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  • 12/30/2021
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  • Docket(#2) Corporate Disclosure Statement by Boehringer Ingelheim Corporation identifying Corporate Parent Boehringer Ingelheim USA Corporation for Boehringer Ingelheim Corporation. (Healy, Michael) (Filed on 12/30/2021) Modified on 1/3/2022 (mcl, COURT STAFF). (Entered: 12/30/2021)

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  • 12/30/2021
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  • Docket(#1) NOTICE OF REMOVAL from San Francisco. Their case number is CGC-20-587448. (Filing fee $402 receipt number ACANDC-16760003). Filed byMcKesson Corporation, Boehringer Ingelheim Corporation. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Michael Healy ISO Removal, #3 Exhibit 1, #4 Exhibit 2, #5 * copy of Complaint attached - Exhibit 3, #6 Exhibit 4)(Healy, Michael) (Filed on 12/30/2021) Modified on 1/3/2022 (mcl, COURT STAFF). (Entered: 12/30/2021)

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