This case was last updated from U.S. District Courts on 10/18/2022 at 10:37:47 (UTC).

Burton et al v. Lincare Inc.

Case Summary

On 08/19/2022 Burton filed a Personal Injury - Other Personal Injury lawsuit against Lincare Inc. This case was filed in U.S. District Courts, California Northern District Court. The Judges overseeing this case are Edward J. Davila and Virginia K. DeMarchi. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:22-CV-04763

  • Filing Date:

    08/19/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

Judge Details

Presiding Judge

Edward J. Davila

Referral Judge

Virginia K. DeMarchi

 

Party Details

Plaintiffs

Stephen Burton

Victor Juarez

Defendant

Lincare Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

James Michael Treglio

Mark Dee Potter

Defendant Attorneys

Wesley Douglas Hurst

Alyssa M. Engstrom

 

Court Documents

#18

(#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)

17 #3

Proposed Order

17 #2

2 Chang Order

17 #1

1 Dec. of Prentis Brooks

17 #17

Main Document

#16

(#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

(#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)

14 #1

Certificate/Proof of Service

14 #14

Main Document

#13

(#13) AMENDED COMPLAINT First against Lincare Inc.. Filed byStephen Burton, Victor Juarez. (Treglio, James) (Filed on 8/29/2022) (Entered: 08/29/2022)

11 #1

Notice of Eligibility for Video Recording

11 #11

Main Document

#9

(#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

(#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

(#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

(#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)

1 #1

Exhibit A to Notice of Removal

1 #1

Main Document

10 More Documents Available

 

Docket Entries

  • 10/04/2022
  • 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)

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  • 10/03/2022
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  • Docket(#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)

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  • 09/28/2022
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  • Docket(#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)

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  • 09/28/2022
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  • Docket(#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)

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  • 09/09/2022
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  • Docket(#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)

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  • 09/02/2022
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  • Docket(#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)

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  • 08/29/2022
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  • Docket(#13) AMENDED COMPLAINT First against Lincare Inc.. Filed byStephen Burton, Victor Juarez. (Treglio, James) (Filed on 8/29/2022) (Entered: 08/29/2022)

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  • 08/24/2022
  • Docket(#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)

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  • 08/24/2022
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  • Docket(#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)

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  • 08/24/2022
  • Docket(#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)

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  • 08/23/2022
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  • Docket(#9) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lincare Inc... (Engstrom, Alyssa) (Filed on 8/23/2022) (Entered: 08/23/2022)

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  • 08/22/2022
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  • Docket(#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)

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  • 08/19/2022
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  • Docket(#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)

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  • 08/19/2022
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  • Docket(#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)

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  • 08/19/2022
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  • Docket(#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)

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  • 08/19/2022
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  • Docket(#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)

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  • 08/19/2022
  • Docket(#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)

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  • 08/19/2022
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  • Docket(#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)

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  • 08/19/2022
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  • Docket(#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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