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15-1754 - (PS) Viramontes v. Pfizer Inc.


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15-1754 - (PS) Viramontes v. Pfizer Inc.
September 17, 2015
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ORDER signed by Magistrate Judge Allison Claire on 9/17/2015 ORDERING that the 9/23/2015 hearing date re 6 motion to dismiss is CONFIRMED. Defendant's reply, if any, shall be filed no later than Monday, 9/21/2015 at 4:30 p.m.. (Zignago, K.)
September 29, 2015
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[VACATED - see 23 Order and Findings and Recommendations] ORDER with FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/28/2015. Defendant's 6 Request for Judicial Notice is GRANTED as to Exhibits A - D and otherwise DENIED without prejudice. Plaintiff's 13 Request for Judicial Notice is GRANTED as to Exhibits B and D, and otherwise DENIED without prejudice. The Court is RECOMMENDING defendant's 6 Motion to Dismiss is denied and request to convert Motion to Dismiss into Summary Judgment Motion be denied. These Findings & Recommendation are SUBMITTED to District Judge Troy L. Nunley. Within 21 days after being served with these F & Rs, any party may file written Objections with Court and serve a copy on all parties. (Marciel, M) Modified on 12/23/2015 (Michel, G.).
November 10, 2015
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ORDER signed by Magistrate Judge Allison Claire on 11/09/15 ORDERING that plaintiff is to file a response to defendant's 20 Objections by 11/24/15. Failure to comply with this order may result in a recommendation that this action be dismissed with prejudice based upon the statute of limitations. (Benson, A)
December 23, 2015
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ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/23/2015 VACATING the 19 Findings and Recommendations; GRANTING the defendant's Request for Judicial Notice (ECF. 6-3 to 6-6) re 6 Motion to Dismiss, otherwise DENYING said request without prejudice; GRANTING 13 Request for Judicial Notice (Exhibits B (pp. 9-42) and D (pp. 46-53)), otherwise DENYING said request without prejudice; RECOMMENDING that the 6 Motion to Dismiss be granted as to the plaintiffs' claims for negligence and strict products liability and Plaintiff Edward Viramontes' claim for loss of consortium; RECOMMENDING that Mr. Viramontes be granted 30 days to amend his complaint; RECOMMENDING that the defendant's request to convert the Motion to Dismiss into a Motion for Summary Judgment be denied; REFERRING this matter to Judge Troy L. Nunley; ORDERING that any objections be filed and served within twenty-one days. (Michel, G.)
February 23, 2016
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ORDER signed by District Judge Troy L. Nunley on 2/22/2016 ORDERING that the 23 findings and recommendations are ADOPTED IN FULL. Plaintiffs' 29 additional Reply to Defendant's Response to the Objections to the findings and recommendations is STRICKEN. Defendant's 6 Motion to Dismiss is GRANTED with leave to amend within 30 days. Defendant's request to convert the Motion to Dismiss into a Summary Judgement motion is DENIED. (Zignago, K.)
May 16, 2016
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ORDER signed by Magistrate Judge Allison Claire on 5/13/2016 GRANTING 37, 38 Motions for Extension of Time; ORDERING the plainitffs to file their Oppositions to 33 Motion to Dismiss, 34 Motion for Sanctions by 5/16/2016; ORDERING the defendants to file their replies to said motions by 5/23/2016; CONTINUING the hearing on 33 Motion to Dismiss, 34 Motion for Sanctions to 6/8/2016 at 10:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Michel, G.)
June 2, 2016
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ORDER signed by Magistrate Judge Allison Claire on 6/2/2016 STRIKING the 32 First Amended Complaint; BARRING Plaintiffs Edward G. Viramontes and Sharon E. Viramontes from amending their negligence and strict liability claims; GRANTING Plaintiff Edward G. Viramontes 30 days to amend his claim for loss of consortium; ORDERING that said amended complaint not be signed by Plaintiff Sharon E. Viramontes; DENYING 33 Motion to Dismiss as moot; DENYING 34 Motion for Sanctions; VACATING the hearing on 33 Motion to Dismiss, 34 Motion for Sanctions set for 6/8/2016. (Michel, G.) Modified on 6/2/2016 (Michel, G.).
July 21, 2016
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ORDER signed by Magistrate Judge Allison Claire on 7/20/16 VACATING the hearing on 52 Motion to Dismiss and CONFIRMING Status Conference set for 8/10/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Washington, S)
July 26, 2016
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ORDER signed by Magistrate Judge Allison Claire on 7/25/2016 ORDERING that defendant may re-notice its motion to dismiss in accordance with Local Rule 230. The Status Conference, currently scheduled for 8/10/2016, is CONTINUED to 10/5/2016.(Zignago, K.)
September 6, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/2/16 recommending that Motion To Dismiss the complaint 52, should be GRANTED, with leave to amend. Plaintiff should be granted 30 days to amend his complaint. F&R referred to Judge Troy L. Nunley. Objections to F&R due within twenty one days. (Kaminski, H)
January 5, 2017
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ORDER signed by District Judge Troy L. Nunley on 1/4/2017 ORDERING that the 62 findings and recommendations are ADOPTED in full. Defendant's 52, 57 Motion to Dismiss the complaint is GRANTED, with leave to amend, on the grounds that plaintiff fails to allege causation. Plaintiff is GRANTED 30 days to amend his complaint. (Zignago, K.)
November 20, 2017
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ORDER signed by Magistrate Judge Allison Claire on 11/17/2017 AMENDING the 82 Scheduling Order as follows: Disclosure of experts due by 1/24/2018; Disclosure of rebuttal experts due by 2/14/2018; Last discovery motions heard by 3/7/2018; Discovery completed by 3/21/2018; Last law and motion filed 5/9/2018; Last law and motion heard by 6/6/2018; Mid-litigation statement due by 3/7/2018; Joint pretrial statement due by 7/17/2018; Final Pretrial Conference set for 8/23/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley; Jury Trial set for 10/22/2018 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Hunt, G) Modified on 4/12/2018 (Krueger, M).
May 16, 2018
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STIPULATION and ORDER signed by District Judge Troy L. Nunley on 5/15/2018 CONTINUING Hearing on 95 Motion for Summary Judgment. Motion Hearing RESET for 6/27/2018, at 10:00 AM, in Courtroom 26 (AC), before Magistrate Judge Allison Claire. Plaintiff's opposition, if any, due by 5/30/2018. Pfizer Inc.'s Reply to any opposition shall be filed and served on or before 6/20/2018. (York, M)
July 10, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/9/18 Recommending that Defendant's Motion for Summary Judgment 95 be granted. This Findings and Recommendations are referred to U.S. District Judge Troy L. Nunley; Objections to these F&Rs due within twenty-one days. (Mena-Sanchez, L)
October 15, 2018
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ORDER signed by Magistrate Judge Allison Claire on 10/12/18 ORDERING plaintiff to file any objections to defendant's request for costs within 30 days from the date of this order.(Coll, A)