5:22-CV-04763
08/19/2022
Pending - Other Pending
Personal Injury - Other Personal Injury
Edward J. Davila
Virginia K. DeMarchi
Stephen Burton
Victor Juarez
Lincare Inc.
James Michael Treglio
Mark Dee Potter
Wesley Douglas Hurst
Alyssa M. Engstrom
(#18) Order Granting #17 PLAINTIFF AND DEFENDANTS' STIPULATION TO TRANSFER VENUE. Signed by Judge Edward J. Davila on 10/3/2022. (ejdlc1, COURT STAFF) (Filed on 10/3/2022) (Entered: 10/03/2022)
Proposed Order
2 Chang Order
1 Dec. of Prentis Brooks
Main Document
(#16) NOTICE by Lincare Inc. re #2 Notice (Other) Defendant Lincare Inc.s Amended Notice of Pendency of Other Actions or Proceedings (Hurst, Wesley) (Filed on 9/28/2022) (Entered: 09/28/2022)
(#15) STIPULATION re #13 Amended Complaint Stipulation for Extension of Time for Defendant Lincare Inc. to Respond to Plaintiff's First Amended Class Complaint filed by Lincare Inc.. (Hurst, Wesley) (Filed on 9/9/2022) (Entered: 09/09/2022)
Certificate/Proof of Service
Main Document
(#13) AMENDED COMPLAINT First against Lincare Inc.. Filed byStephen Burton, Victor Juarez. (Treglio, James) (Filed on 8/29/2022) (Entered: 08/29/2022)
Notice of Eligibility for Video Recording
Main Document
(#9) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lincare Inc... (Engstrom, Alyssa) (Filed on 8/23/2022) (Entered: 08/23/2022)
(#8) STIPULATION Stipulation for Extension of Time for Defendant Lincare Inc. to Respond to Plaintiffs Complaint filed by Lincare Inc.. (Hurst, Wesley) (Filed on 8/22/2022) (Entered: 08/22/2022)
(#7) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/15/2022. Initial Case Management Conference set for 11/22/2022 01:30 PM in San Jose, Courtroom 2, 5th Floor. (cv, COURT STAFF) (Filed on 8/19/2022) (Entered: 08/19/2022)
(#2) NOTICE by Lincare Inc. re #1 Notice of Removal, Notice of Pendency of Other Action or Proceeding (Hurst, Wesley) (Filed on 8/19/2022) (Entered: 08/19/2022)
Exhibit A to Notice of Removal
Main Document
DocketRemark - Case transferred from California Northern has been opened in Middle District of Florida as case 8:22-cv-02276, filed 10/04/2022. (cv, COURT STAFF) (Filed on 10/4/2022) (Entered: 10/04/2022)
[-] Read LessDocket(#18) Order Granting #17 PLAINTIFF AND DEFENDANTS' STIPULATION TO TRANSFER VENUE. Signed by Judge Edward J. Davila on 10/3/2022. (ejdlc1, COURT STAFF) (Filed on 10/3/2022) (Entered: 10/03/2022)
[-] Read LessDocket(#17) STIPULATION WITH PROPOSED ORDER Stipulation to Transfer Venue with Supporting Points and Authorities filed by Lincare Inc.. (Attachments: #1 1 Dec. of Prentis Brooks, #2 2 Chang Order, #3 Proposed Order)(Hurst, Wesley) (Filed on 9/28/2022) (Entered: 09/28/2022)
[-] Read LessDocket(#16) NOTICE by Lincare Inc. re #2 Notice (Other) Defendant Lincare Inc.s Amended Notice of Pendency of Other Actions or Proceedings (Hurst, Wesley) (Filed on 9/28/2022) (Entered: 09/28/2022)
[-] Read LessDocket(#15) STIPULATION re #13 Amended Complaint Stipulation for Extension of Time for Defendant Lincare Inc. to Respond to Plaintiff's First Amended Class Complaint filed by Lincare Inc.. (Hurst, Wesley) (Filed on 9/9/2022) (Entered: 09/09/2022)
[-] Read LessDocket(#14) NOTICE of Appearance by Alyssa M. Engstrom Notice of Appearance or Withdrawal of Counsel (Attachments: #1 Certificate/Proof of Service)(Engstrom, Alyssa) (Filed on 9/2/2022) (Entered: 09/02/2022)
[-] Read LessDocket(#13) AMENDED COMPLAINT First against Lincare Inc.. Filed byStephen Burton, Victor Juarez. (Treglio, James) (Filed on 8/29/2022) (Entered: 08/29/2022)
[-] Read LessDocket(#12) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Initial Case Management Conference set for 12/8/2022 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 11/28/2022 The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 8/24/2022) (Entered: 08/24/2022)
[-] Read LessDocket(#11) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila 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 Virginia K. DeMarchi remains as referral judge assigned to case. Reassignment Order signed by Clerk on 8/24/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 8/24/2022) (Entered: 08/24/2022)
[-] Read LessDocket(#10) 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. This is a text only docket entry; there is no document associated with this notice. (amk, COURT STAFF) (Filed on 8/24/2022) (Entered: 08/24/2022)
[-] Read LessDocket(#9) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lincare Inc... (Engstrom, Alyssa) (Filed on 8/23/2022) (Entered: 08/23/2022)
[-] Read LessDocket(#8) STIPULATION Stipulation for Extension of Time for Defendant Lincare Inc. to Respond to Plaintiffs Complaint filed by Lincare Inc.. (Hurst, Wesley) (Filed on 8/22/2022) (Entered: 08/22/2022)
[-] Read LessDocket(#7) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/15/2022. Initial Case Management Conference set for 11/22/2022 01:30 PM in San Jose, Courtroom 2, 5th Floor. (cv, COURT STAFF) (Filed on 8/19/2022) (Entered: 08/19/2022)
[-] Read LessDocket(#6) CERTIFICATE OF SERVICE by Lincare Inc. re #5 Certificate of Service, #1 Notice of Removal, #2 Notice (Other), #4 Certificate of Interested Entities, 3 Case Assigned by Intake,, Certificate of Service of Notice to Superior Court and Adverse Parties of Removal to Federal Court (Hurst, Wesley) (Filed on 8/19/2022) (Entered: 08/19/2022)
[-] Read LessDocket(#5) CERTIFICATE OF SERVICE by Lincare Inc. re #2 Notice (Other), #4 Certificate of Interested Entities, #1 Notice of Removal, (Hurst, Wesley) (Filed on 8/19/2022) (Entered: 08/19/2022)
[-] Read LessDocket(#4) Certificate of Interested Entities by Lincare Inc. identifying Corporate Parent Lincare Holdings Inc. for Lincare Inc.. re #2 Notice (Other), #1 Notice of Removal, (Hurst, Wesley) (Filed on 8/19/2022) (Entered: 08/19/2022)
[-] Read LessDocket(#3) Case assigned to Magistrate Judge Virginia K. DeMarchi. 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 9/2/2022. (bw, COURT STAFF) (Filed on 8/19/2022) (Entered: 08/19/2022)
[-] Read LessDocket(#2) NOTICE by Lincare Inc. re #1 Notice of Removal, Notice of Pendency of Other Action or Proceeding (Hurst, Wesley) (Filed on 8/19/2022) (Entered: 08/19/2022)
[-] Read LessDocket(#1) NOTICE OF REMOVAL from Santa Cruz County Superior Court. Their case number is 22CV01547. (Filing fee $402 receipt number ACANDC-17457383). Filed byLincare Inc.. (Attachments: #1 Exhibit A to Notice of Removal, #2 Civil Cover Sheet)(Hurst, Wesley) (Filed on 8/19/2022) (Entered: 08/19/2022)
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