Mikovits v. Whittemore Peterson Institute, The
Plaintiff: Dr. Judy Mikovits
Defendant: Whittemore Peterson Institute, The
Case Number: 3:2014cv02797
Filed: November 24, 2014
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Roger T Benitez
Referring Judge: William V Gallo
Nature of Suit: Labor: Other
Cause of Action: 31 U.S.C. § 3729
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 6, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 6, 2016 Filing 36 MANDATE of USCA dismissing the appeal for lack of jurisdiction as to #25 Notice of Appeal to the 9th Circuit filed by Judy Mikovits. (akr)
December 9, 2015 Opinion or Order Filing 35 ORDER of USCA as to #25 Notice of Appeal to 9th Circuit filed by Judy Mikovits. A review of the record and the response to the USCA's August 28, 2015 order to show cause indicates that the USCA lacks jurisdiction over this appeal because the August 10, 2015 USDC order transferred the matter to the United States District Court for the District of Nevada pursuant to 28 U.S.C. 1406(a). Accordingly, this appeal is dismissed for lack of jurisdiction. Appellant's alternate request for a writ of mandamus is denied because appellant has not demonstrated that this case warrants the intervention of the USCA by means of the extraordinary remedy of mandamus. (akr)
November 19, 2015 Filing 34 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for date of 8/28/2015 before Judge Roger T. Benitez, re #25 Notice of Appeal to 9th Circuit. Court Reporter/Transcriber: Deborah M. O'Connell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/10/2015. Redacted Transcript Deadline set for 12/21/2015. Release of Transcript Restriction set for 2/17/2016. (akr)
November 19, 2015 Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for date of 6/29/2015 before Judge Roger T. Benitez, re #25 Notice of Appeal to 9th Circuit. Court Reporter/Transcriber: Deborah M. O'Connell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/10/2015. Redacted Transcript Deadline set for 12/21/2015. Release of Transcript Restriction set for 2/17/2016. (akr)
September 17, 2015 Filing 32 NOTICE of TRANSCRIPT ORDER by Judy Mikovits re #25 Notice of Appeal to 9th Circuit. (Liskey, Robert). (Main Document 32 replaced on 9/17/2015 with printed .pdf of document, which was originally e-filed as an active fillable form. The document has been edited by the deputy clerk to indicate the correct US District Court in the caption. Modified docket text to reflect title of document.) (akr). (Main Document 32 replaced on 9/17/2015) (akr).
September 17, 2015 Filing 31 TRANSCRIPT DESIGNATION AND ORDERING FORM by Judy Mikovits for proceedings held on 6/29/15, 8/10/15, 8/28/15 re #25 Notice of Appeal to 9th Circuit. (Liskey, Robert) (Main Document 31 replaced on 9/17/2015 with printed .pdf of document, which was originally e-filed as an active fillable form. The document has been edited by the deputy clerk to indicate the correct US District Court in the caption.) (akr).
September 15, 2015 Filing 30 Fee for Appeal to 9th Circuit Court of Appeals: $ 505, receipt number 0974-8415855, Paid on 9/15/2015. (no document attached) (Liskey, Robert). (Modified on 9/15/2015: USCA Case Number 15-56286. Notice electronically transmitted to the US Court of Appeals via regenerated NEF.) (akr).
September 15, 2015 NOTICE of USCA receipt of 30 fee payment notification re #25 Notice of Appeal. (no document attached) (akr)
August 28, 2015 Filing 29 Minute Entry for proceedings held before Judge Roger T. Benitez: Status Conference held on 8/28/2015.(Court Reporter/ECR Debbie OConnell). (Plaintiff Attorney Robert Liskey). (Defendant Attorney No Appearance). (no document attached) (gxr)
August 28, 2015 Opinion or Order Filing 28 ORDER of USCA as to #25 Notice of Appeal to 9th Circuit filed by Judy Mikovits. A review of the record suggests that the USCA may lack jurisdiction over this appeal because the USDC order challenged in this appeal transferred the matter to the United States District Court for the District of Nevada pursuant to 28 U.S.C. 1406(a). "(O)rders respecting venue entered under 1404(a) and 1406(a) are interlocutory in nature and are not appealable prior to final judgment." Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. A review of the USCA's docket also reflects that the filing and docketing fees for this appeal remain due. If appellant elects to show cause, appellant shall also pay to the USDC the $505.00 filing and docketing fees for this appeal and file in the USCA proof of such payment or file in the USCA a motion to proceed in forma pauperis within 21 days after the date of this order. Failure to pay the fees or file a motion to proceed in forma pauperis shall result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. Briefing is suspended pending further order of the USCA. The Clerk shall serve a Form 4 financial affidavit on appellant. (akr)
August 24, 2015 Filing 27 USCA Time Schedule Order as to #25 Notice of Appeal to 9th Circuit filed by Judy Mikovits. (Attachments: #1 Transcript Designation and Ordering Form). (cc: Court Reporters.) (akr)
August 24, 2015 Filing 26 USCA Case Number 15-56286 for #25 Notice of Appeal to 9th Circuit filed by Judy Mikovits. (akr)
August 23, 2015 Filing 25 NOTICE OF APPEAL to the 9th Circuit as to #17 Order, by Judy Mikovits. Fee not paid. (Notice of Appeal electronically transmitted to US Court of Appeals.) (Liskey, Robert). (Modified on 8/24/2015 to edit docket text re linked Order.) (akr).
August 21, 2015 Filing 24 NOTICE of Change of Hearing: Status Conference reset for 8/28/2015 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. (no document attached) (gxr)
August 14, 2015 Filing 23 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/10/2015, before Judge Roger T. Benitez. Court Reporter/Transcriber: James C. Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/4/2015. Redacted Transcript Deadline set for 9/14/2015. Release of Transcript Restriction set for 11/12/2015. (akr)
August 13, 2015 Opinion or Order Filing 22 ORDER: (1) Granting Motion to Continue; and (2) Denying Motion to Stay (ECF #21 ). Status Conference continued to 8/24/2015 10:30 AM before Judge Roger T. Benitez. Signed by Judge Roger T. Benitez on 8/13/2015. (knb)
August 13, 2015 Filing 21 MOTION to Continue, MOTION to Stay by Judy Mikovits. (Liskey, Robert). (knb).
August 12, 2015 Filing 20 NOTICE of Hearing: Status Hearing set for 8/17/2015 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. (no document attached) (gxr)
August 12, 2015 Filing 19 Transfer Letter Received from District of Nevada. Case number in other court is 3:15-cv-00409 (kas)
August 10, 2015 Opinion or Order Filing 17 ORDER Granting In Part Plaintiff's #11 Motion to Change Venue; Granting Plaintiff's #14 Motion to File First Amended Complaint Under Seal. Clerk shall transfer this matter to the District of Nevada. Plaintiff's #5 Motion for an Exrension of Time is denied as moot. Signed by Judge Roger T. Benitez on 8/10/2015. (jah). Modified on 8/11/2015 - Copy of First Amended Complaint, this Order and Docket mailed to District of Nevada.[Civil case electronically transferred to the District of NV on 8/11/15.](jah)(jrd)
August 10, 2015 Filing 16 Minute Entry for proceedings held before Judge Roger T. Benitez: Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) held on 8/10/2015. Court to issue written Order. (Court Reporter/ECR James Pence). (Plaintiff Attorney Robert Liskey). (Defendant Attorney No Appearance). (no document attached) (gxr)
July 27, 2015 Filing 15 [FILED AS SEALED DOCUMENT ON 8/10/2015] SEALED LODGED Proposed Document re: #14 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Liskey, Robert). (jah). (Main Document 15 replaced on 8/11/2015) (jah). Modified on 8/11/2015 - Added file date of lodgment (jah).
July 27, 2015 Filing 14 MOTION to File Documents Under Seal (With attachments)(Liskey, Robert). (jah).
July 19, 2015 Filing 13 RESPONSE re #12 Order to Show Cause,, filed by Judy Mikovits. (Liskey, Robert) (knb).
July 14, 2015 Opinion or Order Filing 12 ORDER TO SHOW CAUSE Why the Case Should not be Transferred to the District of Nevada. Order to Show Cause Hearing set for 8/10/2015 10:30 AM before Judge Roger T. Benitez. Plaintiff is ordered to file a Response explaining why this case should not be transferred to the District of Nevada within five days of the date this Order is filed. Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) Hearing continued to 8/10/2015 10:30 AM before Judge Roger T. Benitez. Signed by Judge Roger T. Benitez on 7/13/2015.(knb)
July 10, 2015 Filing 11 MOTION to Change Venue by Judy Mikovits. (Attachments: #1 Memo of Points and Authorities, #2 Affidavit)(Liskey, Robert) (knb).
June 29, 2015 Filing 10 Minute Order. for proceedings held before Judge Roger T. Benitez: Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) held on 6/29/2015. Granting #7 MOTION to Substitute Attorney. Plaintiff oral request for continuance - Granted. Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) Hearing reset for 7/27/2015 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. (Court Reporter/ECR Debbie OConnell). (Plaintiff Attorney Robert Liksey). (no document attached) (gxr)
June 29, 2015 Opinion or Order Filing 9 ORDER Granting #7 Motion to Substitute Attorney. Robert Liskey is substituted as counsel of record in place of pro se Judy Mikovits for Plaintiff Judy Mikovits. Signed by Judge Roger T. Benitez on 6/29/2015. (knb)
June 26, 2015 Filing 8 MOTION to Continue June 29, 2015 hearing by Judy Mikovits. (Attachments: #1 Affidavit)(Liskey, Robert) (kcm).
June 26, 2015 Filing 7 MOTION to Substitute Attorney by Judy Mikovits. (Liskey, Robert)Attorney Robert Liskey added to party Judy Mikovits(pty:pla) (kcm).
June 11, 2015 Filing 6 NOTICE of Change of Hearing: Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) Hearing reset for 6/29/2015 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. (All non-registered users served via U.S. Mail Service)(no document attached) (gxr)
June 8, 2015 Filing 5 Request/Application for Continuance of Time to Amend and Serve Complaint by Judy Mikovits. (kcm)
June 8, 2015 Opinion or Order Filing 4 Notice of Document Discrepancies and Order Thereon by Judge Roger T. Benitez Accepting Document: Request for Continuance, from Plaintiff Judy Mikovits. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Missing Proof of Service. Signed by Judge Roger T. Benitez on 6/8/2015.(All non-registered users served via U.S. Mail Service)(kcm)
May 12, 2015 Filing 3 Notice of Hearing - Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) as to *ALL DEFENDANTS*. Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) Hearing set for 6/15/2015 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. (All non-registered users served via U.S. Mail Service)(gxr)
November 24, 2014 Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons has been provided to plaintiffs not receiving notice electronically. (kcm)
November 24, 2014 Filing 1 COMPLAINT with Jury Demand against Whittemore Peterson Institute, The (Filing fee $ 400 receipt number CASO68221) filed by Judy Mikovits. (Attachments: #1 Civil Case Cover Sheet)The new case number is 3:14-cv-2797-BEN-WVG. Judge Roger T. Benitez and Magistrate Judge William V. Gallo are assigned to the case.(kcm) (Main Document 1 replaced on 11/30/2015) (rlu).

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Plaintiff: Dr. Judy Mikovits
Represented By: Robert Liskey
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