Medifast, Inc. et al v. Minkow et al Featured Case
Plaintiff: Bradley MacDonald and Medifast, Inc.
Defendant: Thomas Ziemann, Tracy Coenen, iBuisness Reporting, Zeeyourself, Fraud Discovery Institute, Inc., Sequence, Inc., William Lobdell, Barry Minkow and Robert L. Fitzpatrick
Not Classified By Court: Attorney Christopher E Grell
Case Number: 3:2010cv00382
Filed: February 17, 2010
Court: US District Court for the Southern District of California
Office: San Diego Office
County: XX US, Outside State
Presiding Judge: Cathy Ann Bencivengo
Referring Judge: Mitchell D Dembin
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. § 1331 pi
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 23, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 23, 2015 Filing 264 SATISFACTION OF JUDGMENT by Tracy Coenen. (Attachments: #1 Proof of Service)(Plaskin, Leah) (cxl).
May 22, 2015 Opinion or Order Filing 263 ORDER Granting Joint Motion to Dismiss (Doc. No. #262 ). All claims between plaintiffs and these remaining defendants are dismissed with prejudice. United States Magistrate Judge Dembin shall retain jurisdiction over all disputes between and among the parties arising out of any settlement agreement, including but not limited to the interpretation and enforcement of the terms of any settlement agreement. The Clerk of Court is directed to close this case. Signed by Judge Cathy Ann Bencivengo on 5/22/2015. (cxl)
May 22, 2015 Filing 262 Joint MOTION to Dismiss by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Proof of Service)(Cohen, Lainie) (cxl).
May 22, 2015 Filing 261 NOTICE by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting OF SATISFACTION AND RELEASE OF ATTORNEYS LIEN (Attachments: #1 Proof of Service)(Weber, Robert) (cxl).
April 21, 2015 Filing 260 MINUTE ORDER: The court sets the following briefing schedule as to defendants' second anti-SLAPP motion, which the court understands will address the issues of whether Minkow is entitled to immunity under the Communications Decency Act and whether Medifast, Inc. is a limited purpose public figure. Any second anti-SLAPP motions must be filed no later than May 22, 2015. Oppositions are due June 5, 2015, and replies are due June 12, 2015. The motions will be taken under submission on the papers unless otherwise noticed. If any movant wishes to renew the motions that the court deemed withdrawn, namely those at docket numbers #223 , #224 , and #225 , the renewed motions must be filed no later than May 22, 2015.(cxl)
April 20, 2015 Opinion or Order Filing 259 ORDER Granting Tracy Coenen and Sequence, Inc's Unopposed Motion for Entry of Judgment (Doc. No. #258 ). It is hereby ordered, adjudged and decreed that: (1) This action is dismissed as to defendants TRACY COENEN and SEQUENCE, INC., and judgment is hereby entered in their favor; (2) Plaintiffs BRADLEY MACDONALD and MEDIFAST, INC. shall take nothing by way of their First Amended Complaint against defendants TRACY COENEN and SEQUENCE, Inc.; and (3) Judgment is entered in favor of defendants TRACY COENEN and SEQUENCE, INC., and against plaintiffs BRADLEY MACDONALD and MEDIFAST, INC., jointly and severally, in the amounts of $190,520.50 for attorney's fees, $7,502.00 for nontaxable costs related to the proceedings in the District Court, and $855.00 for costs in the Ninth Circuit (for a total of $198,877.50). It is further ordered, adjudged and decreed that plaintiffs, jointly and severally, shall be obligated to pay defendants TRACY COENEN and SEQUENCE, INC. the aforesaid sums, each with interest accruing at the legal rate from the date of entry of judgment until paid in full. Signed by Judge Cathy Ann Bencivengo on 4/20/2015. (cxl)
April 1, 2015 Filing 258 Amended MOTION for Entry of Judgment under Rule 54(b) by Tracy Coenen, Sequence, Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Motion for Amended Judgment, #2 Proof of Service)(Plaskin, Leah) (cxl).
March 24, 2015 Opinion or Order Filing 256 ORDER granting in part and denying in part Tracy Coenen and Sequence, Inc.'s Motion for Attorneys' Fees and Costs (Doc. No. #216 ). Coenen's motion for attorneys' fees and costs is granted in part. Coenen is entitled to a fees award totaling $190,520.50. This amount includes the following: Mr. Duvernay: 633.5 hours x $185; Mr. Schaff: 0.5 hours x $185; Ms. Plaskin: 108.8 hours x $185, plus 190.6 hours x $190; and Ms. Rosing: 49.5 hours x $205, plus 32.10 x $210. In addition, the court awards nontaxable costs of $7,502.00 related to the proceedings in this court, and $855.00 for costs in the Ninth Circuit.Signed by Judge Cathy Ann Bencivengo on 3/24/2015. (All non-registered users served via U.S. Mail Service)(cxl)
March 23, 2015 Filing 257 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Telephonic (In-Chambers) Status Conference held on 3/23/2015.(Plaintiff Attorney Robert Giacovas). (Defendant Attorney John Stephens). (no document attached) (lmh)
February 26, 2015 Filing 255 MINUTE ORDER: The telephonic status conference previously set for March 6, 2015 is continued to Monday, March 23, 2015 at 2:30 p.m. (All non-registered users served via U.S. Mail Service)(cxl)
February 5, 2015 Opinion or Order Filing 254 ORDER. In light of counsel's representations regarding the status of settlement discussions, the court VACATES all deadlines relating to the Second anti-SLAPP motion, including the February 6, 2015 filing deadline (Doc. No. #251 ). In addition, the court DEEMS WITHDRAWN the motions at docket numbers #223 , #224 , and #225 , without prejudice to refiling should the settlement discussions ultimately prove unfruitful. The motion for fees filed by Tracy Coenen and Sequence, Inc. remains pending and under submission. The court schedules a telephonic status conference for Friday, March 6, 2015, at 2:00 p.m. Signed by Judge Cathy Ann Bencivengo on 2/5/2015.(cxl)
January 5, 2015 Opinion or Order Filing 253 ORDER Granting Joint Motion to Continue #252 . The hearing on the pending motions for fees and other relief, docket numbers #223 , #224 , and #225 , is continued to March 10, 2015. Plaintiffs' oppositions are due February 6, 2015, and defendants' replies are due February 20, 2015. No further extensions will be granted. Signed by Judge Cathy Ann Bencivengo on 1/5/2015. (All non-registered users served via U.S. Mail Service)(vam)
January 5, 2015 Filing 252 Joint MOTION to Continue Fee Motions by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Proof of Service)(Cohen, Lainie) (cxl).
December 22, 2014 Opinion or Order Filing 251 ORDER Granting Joint Motion for Continuance of February 10, 2015 hearing on Second Anti-Slapp Motion to Strike (Doc. No. #250 ). The Court hereby grants the joint motion to continue the February 10, 2015 hearing of the Second Special anti-SLAPP Motion to Strike (Doc. No. #250 ), and sets the following briefing schedule: (1) the Second anti-SLAPP motion shall be filed on or before 2/6/2015; (2) the opposition to the motion shall be filed on or before 2/20/2015; (3) the reply to the opposition to the motion shall be filed on or before 3/3/2015; and (4) the hearing on the motion is 3/10/2015 at 10:00 a.m. Signed by Judge Cathy Ann Bencivengo on 12/22/2014. (cxl)
December 19, 2014 Filing 250 MOTION to Continue February 10, 2015, Second Anti-SLAPP Motion to Strike by Robert L. Fitzpatrick, Fraud Discovery Institute, Inc., Barry Minkow. (Attachments: #1 [Proposed] Order)(Stephens, John) qc re proposed order (cxl).
December 9, 2014 Opinion or Order Filing 249 ORDER Granting Joint Motion to Continue (Doc. No. #248 ). The court grants the moving parties' joint motion to continue (Doc. No. #248 ). The hearing on the motions at docket entries #223 , #224 , and #225 is continued from December 26, 2014 to January 23, 2015 at 1:30 p.m. Unless otherwise ordered, the court will take these motions under submission without oral argument. Signed by Judge Cathy Ann Bencivengo on 12/9/2014. (cxl)
December 8, 2014 Filing 248 Joint MOTION to Continue Motions for Attorneys' Fees by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Proof of Service)(Cohen, Lainie) (cxl).
November 26, 2014 Filing 247 REPLY to Response to Motion re #218 Amended MOTION to Amend/Correct #216 MOTION for Attorney Fees AND COSTS (PURSUANT TO FED. R. CIV. P. 54(D), FED R. APP. P. 45(D) AND CAL. CODE CIV. PROC 425.16(C) (Amended Notice Of Motion And Motion In Support Of Tracy Coenen A, #216 MOTION for Attorney Fees AND COSTS (PURSUANT TO FED. R. CIV. P. 54(D), FED R. APP. P. 45(D) AND CAL. CODE CIV. PROC 425.16(C) filed by Tracy Coenen, Sequence, Inc.. (Attachments: #1 Declaration of Leah A. Plaskin in Support of Their Motion for Attorney's Fees & Costs, #2 Exhibit A to Declaration of Leah A. Plaskin, #3 Exhibit B-G to Declaration of Leah A. Plaskin, #4 Proof of Service)(Plaskin, Leah) 2014 (jpp).
November 24, 2014 Filing 246 AMENDED RESPONSE in Opposition re #218 Amended MOTION to Amend/Correct #216 MOTION for Attorney Fees AND COSTS (PURSUANT TO FED. R. CIV. P. 54(D), FED R. APP. P. 45(D) AND CAL. CODE CIV. PROC 425.16(C) (Amended Notice Of Motion And Motion In Support Of Tracy Coenen A, #216 MOTION for Attorney Fees AND COSTS (PURSUANT TO FED. R. CIV. P. 54(D), FED R. APP. P. 45(D) AND CAL. CODE CIV. PROC 425.16(C) Amended filed by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Proof of Service)(Cohen, Lainie) Modified on 11/24/2014 to add amended (cxl).
November 21, 2014 Filing 245 RESPONSE in Opposition re #218 Amended MOTION to Amend/Correct #216 MOTION for Attorney Fees AND COSTS (PURSUANT TO FED. R. CIV. P. 54(D), FED R. APP. P. 45(D) AND CAL. CODE CIV. PROC 425.16(C) (Amended Notice Of Motion And Motion In Support Of Tracy Coenen A, #216 MOTION for Attorney Fees AND COSTS (PURSUANT TO FED. R. CIV. P. 54(D), FED R. APP. P. 45(D) AND CAL. CODE CIV. PROC 425.16(C) filed by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Declaration of Lainie E. Cohen, #2 Exhibit 1-10, #3 Proof of Service)(Cohen, Lainie) (cxl).
November 19, 2014 Opinion or Order Filing 244 ORDER Granting Joint Motion to Continue (Doc. No. #243 ). The hearing on the following motions: Doc. Nos. #223 , #224 , and #225 is continued from December 5, 2014 to December 26, 2014, at 1:30 p.m. Neither Tracy Coenen nor Sequence, Inc. joined in the motion to continue, so their motion for fees (Doc. No. #218 ) remains set for December 5, 2014 at 1:30 p.m. Unless the court subsequently indicates otherwise, all motions referenced in this order(Doc. Nos. #218 , #223 , #224 , and #225 ) will be taken under submission on the papers without oral argument. Signed by Judge Cathy Ann Bencivengo on 11/19/2014. (cxl)
November 19, 2014 Filing 243 Joint MOTION to Continue December 5, 2014 Hearings by Robert L. Fitzpatrick, Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Stephens, John) (cxl).
October 29, 2014 Filing 242 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Settlement Conference held on 10/29/2014. No settlement was reached. (Plaintiff Attorney Robert Giacovas). (Defendant Attorney John Stephens). (Defendant Robert Fitzpatrick)(Representative of Defendant Tae Un)(Attorney Robert Weber)(no document attached) (cap)
October 22, 2014 Opinion or Order Filing 241 ORDER granting #240 Motion by Barry Minkow to Request Telephonic Appearance at Mandatory Settlement Conference. Upon review, the Court finds good cause to grant Defendant Minkow's motion to be available by telephone during the mandatory settlement conference currently scheduled for October 28, 2014. Signed by Magistrate Judge Mitchell D. Dembin on 10/22/2014. (no document attached) (atk)
October 16, 2014 Filing 240 MOTION for Order to Motion by Barry Minkow to Request Telephonic Appearance at Mandatory Settlement Conference by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Attachments: #1 Declaration of John H. Stephens in Support of Motion by Barry Minkow to Request Telephonic Appearance at Mandatory Settlement Conference, #2 Proof of Service)(Stephens, John) (cxl).
October 6, 2014 Opinion or Order Filing 239 ORDER for Mandatory Settlement Conference. A Mandatory Settlement Conference will be held October 28, 2014 at 9:15 a.m. before Magistrate Judge Mitchell D. Dembin. Counsel and parties with full settlement authority are required to personally appear. Signed by Magistrate Judge Mitchell D. Dembin on 10/5/14. (cap)
October 3, 2014 Opinion or Order Filing 238 ORDER Approving the parties' proposed briefing schedule regarding outstanding issues and granting the parties' joint motion to continue the hearing on attorney's fees and other motions (Doc. Nos. #236 , #237 ). The court approves the parties proposed briefing schedule for the issues of CDA Immunity and Limited Purpose Public Figure Status (Doc. No. #236 ). The hearing on the motions related to CDA Immunity and Limited Purpose Public Figure Status is set for February 10, 2015 at 10:00 a.m. In addition, the court grants the parties joint motion to continue the hearings on the pending attorneys fees motions and the motion for amended judgment. (Doc. No. #237 ) The hearing on these motions (Doc. Nos. #216 , #223 , #224 , #225 ) is continued from November 14, 2014 to December 5, 2014 at 1:30 p.m. Signed by Judge Cathy Ann Bencivengo on 10/3/2014. (cxl)
October 3, 2014 Filing 237 Joint MOTION to Continue Hearing on Motions for Attorney's Fees and Amending Judgment by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Proof of Service)(Cohen, Lainie) (cxl).
October 1, 2014 Filing 236 PROPOSED BRIEFING SCHEDULE re #235 Order, by Barry Minkow. (Rubin, Stacy) qc mailer re: incorrect event used, modified text on 10/2/2014 (cxl).
September 29, 2014 Opinion or Order Filing 235 ORDER Following Appeal Mandate Hearing; Requiring Parties to contact the Magistrate Judge and Submit a Briefing Schedule. The Court instructed counsel to contact the chambers of Magistrate Judge Mitchell D. Dembin within one week to schedule a settlement conference. The settlement conference shall be held as expeditiously as possible. The Court further instructed counsel to contact the chambers of Judge Bencivengo to obtain a hearing date for motions regarding the issues of CDA Immunity and Limited Purpose Public Figure Status. Proposed briefing schedule shall be submitted no later than October 3, 2014. Signed by Judge Cathy Ann Bencivengo on 9/29/2014.(cxl)
September 26, 2014 Filing 234 MANDATE of USCA affirming in part, reversing in part, and vacating in part as to #137 Notice of Appeal to the 9th Circuit, filed by Bradley MacDonald, Medifast, Inc., #143 Notice of Appeal to the 9th Circuit, filed by Robert L. Fitzpatrick. (akr)
September 26, 2014 Filing 233 Minute Order for proceedings held before Judge Cathy Ann Bencivengo:Appeal Mandate Hearing held on 9/26/2014. The court spreads the mandate. Parties to prepare and submit a proposed briefing schedule to the court. Motions taken under submission by the court: #216 MOTION for Attorney Fees AND COSTS (PURSUANT TO FED. R. CIV. P. 54(D), FED R. APP. P. 45(D) AND CAL. CODE CIV. PROC 425.16(C), #224 MOTION for Attorney Fees and Costs (1) as to Barry Minkow and Fraud Discovery Institute, Inc. for District Court and Ninth Circuit Proceedings; (2) as to William Lobdell and iBusiness Reporting for District Court; and, (3) as to Robert L. FitzPatri, #218 Amended MOTION to Amend/Correct #216 MOTION for Attorney Fees AND COSTS (PURSUANT TO FED. R. CIV. P. 54(D), FED R. APP. P. 45(D) AND CAL. CODE CIV. PROC 425.16(C) (Amended Notice Of Motion And Motion In Support Of Tracy Coenen A, and #225 MOTION for Attorney Fees and Costs. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Robert Giacovas and Lainie Cohen).(Defendant Attorney John Stephens and Leah Plaskin). (no document attached) (lmh)
September 25, 2014 Opinion or Order Filing 232 ORDER Granting Motion to Substitute Attorney (Doc. No. #221 ). The law firm of Mulvaney Barry Beatty Linn & Mayers, LLP is now counsel of record for FitzPatrick. The Clerk of Court shall remove FitzPatricks former attorney, Christopher E. Grell, from this action. Signed by Judge Cathy Ann Bencivengo on 9/25/2014. (cxl)
September 23, 2014 Filing 231 STATUS REPORT Joint by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Proof of Service)(Cohen, Lainie)(cxl).
September 19, 2014 Opinion or Order Filing 230 ORDER Granting Joint Motion to Continue (Doc. No. #229 ). The motions previously set for hearing on October 24, 2014 (Doc.Nos. #216 , #223 , #224 , and #225 ) are rescheduled for hearing on November 14, 2014, at 3:00 p.m. Signed by Judge Cathy Ann Bencivengo on 9/19/2014. (cxl)
September 16, 2014 Filing 229 Joint MOTION to Continue October 24, 2014 Hearings by Robert L. Fitzpatrick, Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Attachments: #1 Proof of Service)(Rubin, Stacy) (cxl).
September 15, 2014 Opinion or Order Filing 228 ORDER Directing the Parties to File a Joint Status Report and Continuing the Hearing on Tracy Coenen and Sequence Inc's Motion for Attorney Fees (Doc. No. #216 ). The appeal mandate hearing is scheduled in this matter for Friday, September 26, 2014 at 1:30 p.m. (Doc. Nos. #217 , #220 ). A Joint Status Report, limited to 5 pages, due 9/23/2014. The court continues the hearing on Tracy Coenen and Sequence, Inc.s motion for attorneys fees and costs (Doc. No. #216 ) from October 10, 2014 to October 24, 2014, at 2:00 p.m. Signed by Judge Cathy Ann Bencivengo on 9/15/2014.(cxl)
August 14, 2014 Filing 227 AFFIDAVIT re #225 MOTION for Attorney Fees and Costs Certificate of Service by Defendant Robert L. Fitzpatrick. (Rubin, Stacy) (yeb).
August 14, 2014 Filing 226 AFFIDAVIT re #224 MOTION for Attorney Fees and Costs (1) as to Barry Minkow and Fraud Discovery Institute, Inc. for District Court and Ninth Circuit Proceedings; (2) as to William Lobdell and iBusiness Reporting for District Court; and, (3) as to Robert L. FitzPatri Certificate of Service by Defendants Robert L. Fitzpatrick, Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Rubin, Stacy)(yeb).
August 13, 2014 Filing 225 MOTION for Attorney Fees and Costs by Robert L. Fitzpatrick. (Attachments: #1 Memo of Points and Authorities in Support of Defendant Robert L. FitzPatrick's Motion for Attorney's Fees and Costs, #2 Declaration of Stacy H. Rubin in Support of Defendant Robert L. FitzPatrick's Motion for Attorney's Fees and Costs, #3 Compendium of Evidence in Support of Defendant Robert L. FitzPatrick's Motion for Attorney's Fees and Costs, #4 Exhibit Exhibit 1 to Compendium of Evidence, #5 Exhibit Exhibit 2 to Compendium of Evidence, #6 Exhibit xhibit 3 to Compendium of Evidence, #7 Exhibit xhibit 4 to Compendium of Evidence)(Rubin, Stacy) (yeb). Motion deemed withdrawn per #254 Order; Modified on 2/5/2015 (cxl).
August 13, 2014 Filing 224 MOTION for Attorney Fees and Costs (1) as to Barry Minkow and Fraud Discovery Institute, Inc. for District Court and Ninth Circuit Proceedings; (2) as to William Lobdell and iBusiness Reporting for District Court; and, (3) as to Robert L. FitzPatrick for Ninth Circuit Proceedings by Robert L. Fitzpatrick, Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Attachments: #1 Memo of Points and Authorities in Support of Motion for Attorney's Fees and Costs (1) as to Barry Minkow and Fraud Discovery Institute, Inc. for District Court and Ninth Circuit Proceedings; (2) as to William Lobdell and iBusiness Reporting for District Court; and, (3) as to Robert L. FitzPatrick for Ninth Circuit Proceedings, #2 Declaration of John H. Stephens in Support of Motion for Attorney's Fees and Costs (1) as to Barry Minkow and Fraud Discovery Institute, Inc. for District Court and Ninth Circuit Proceedings; (2) as to William Lobdell and iBusiness Reporting for District Court; and, (3) as to Robert L. FitzPatrick for Ninth Circuit Proceedings, #3 Declaration of Stacy H. Rubin in Support of Motion for Attorney's Fees and Costs (1) as to Barry Minkow and Fraud Discovery Institute, Inc. for District Court and Ninth Circuit Proceedings; (2) as to William Lobdell and iBusiness Reporting for District Court; and, (3) as to Robert L. FitzPatrick for Ninth Circuit Proceedings, #4 Declaration of Perrie M. Weiner in Support of Barry Minkow, Fraud Discovery Institute, William Lobdell, and iBusiness Reporting's Motion for Attorney's Fees and Costs, #5 Declaration of Robert D. Weber in Support of Motion for Attorney's Fees and Costs on Behalf of Barry Minkow, Fraud Discovery Institute, William Lobdell and iBusiness Reporting, #6 Exhibit Exhibits A-E to Declaration of Robert D. Weber, #7 Exhibit Exhibit F to Declaration of Robert D. Weber)(Rubin, Stacy)(yeb). Motion deemed withdrawn per #254 Order; Modified on 2/5/2015 (cxl).
August 12, 2014 Filing 223 MOTION for Judgment Notice of Motion and Motion for Amended Judgment in Favor of Defendants Barry Minkow, Fraud Discovery Institute, Inc., William Lobdell, and iBusiness Reporting by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Attachments: #1 Memo of Points and Authorities in Support of Motion for Amended Judgment in Favor of Defendants Barry Minkow, Fraud Discovery Institute, Inc., William Lobdell, and iBusiness Reporting, #2 Proof of Service)(Rubin, Stacy) (yeb). Motion deemed withdrawn per #254 Order; Modified on 2/5/2015 (cxl).
August 11, 2014 Filing 222 NOTICE of Appearance by Stacy Heather Rubin on behalf of Robert L. Fitzpatrick (Attachments: #1 Proof of Service)(Rubin, Stacy)Attorney Stacy Heather Rubin added to party Robert L. Fitzpatrick(pty:dft)(yeb).
August 8, 2014 Filing 221 MOTION to Substitute Attorney by Robert L. Fitzpatrick. (Attachments: #1 Proof of Service)(Stephens, John)Attorney John H. Stephens added to party Robert L. Fitzpatrick(pty:dft)(yeb).
August 4, 2014 Opinion or Order Filing 220 ORDER granting #219 Joint Motion to Continue Appeal Mandate Hearing. Appeal Mandate Hearing is continued to 9/26/2014 01:30 PM before Judge Cathy Ann Bencivengo. Signed by Judge Cathy Ann Bencivengo on 08/04/2014. (All non-registered users served via U.S. Mail Service)(yeb)
August 1, 2014 Filing 219 Joint MOTION to Continue Appeal Mandate Hearing by Medifast, Inc.. (Attachments: #1 Proof of Service)(Cohen, Lainie)(yeb).
July 28, 2014 Filing 218 Amended MOTION to Amend/Correct #216 MOTION for Attorney Fees AND COSTS (PURSUANT TO FED. R. CIV. P. 54(D), FED R. APP. P. 45(D) AND CAL. CODE CIV. PROC 425.16(C) (Amended Notice Of Motion And Motion In Support Of Tracy Coenen And Sequence, Inc.'s Motion For Attorneys Fees And Costs) by Tracy Coenen, Sequence, Inc.. (Attachments: #1 Proof of Service)(Plaskin, Leah)(yeb).
July 28, 2014 Filing 217 NOTICE of Spreading the Mandate: Appeal Mandate Hearing set for 8/18/2014 01:30 PM in Courtroom 4C before Judge Cathy Ann Bencivengo. (All non-registered users served via U.S. Mail Service)(lmh)
July 25, 2014 Filing 216 MOTION for Attorney Fees AND COSTS (PURSUANT TO FED. R. CIV. P. 54(D), FED R. APP. P. 45(D) AND CAL. CODE CIV. PROC 425.16(C) by Tracy Coenen, Sequence, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Leah A. Plaskin, #3 Declaration of Heather L. Rosing, #4 Declaration of Stephen M. Duvernay, #5 Compendum Of Evidence, #6 Proof of Service)(Plaskin, Leah)(yeb).
July 14, 2014 Opinion or Order Filing 215 ORDER of USCA as to #137 Notice of Appeal to the 9th Circuit, filed by Bradley MacDonald, Medifast, Inc., #143 Notice of Appeal to the 9th Circuit, filed by Robert L. Fitzpatrick. Defendants Barry Minkow and Fraud Discovery Institute, Inc.'s (FDI) motion to amend the memorandum disposition to separate Minkow and FDI from William Lobdell and iBusiness Reporting is granted. The memorandum disposition is amended as follows: the text < appearing at page 2, lines 2021 of the memorandum is deleted and replaced with <. An amended memorandum disposition shall be filed concurrently with this order. No new petition for panel rehearing or rehearing en banc may be filed in connection with the amended memorandum disposition. The full court has been advised of Defendant Robert Fitzpatrick's petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. The petition for rehearing en banc is denied. (akr)
July 2, 2014 Opinion or Order Filing 214 TRANSFER ORDER: It is hereby ordered that the following cases are transferred from the calendar of the Honorable Bernard G. Skomal, to the calendar of the Honorable Mitchell D. Dembin, for all further proceedings. All scheduling dates such as discovery deadlines, and any hearing or deadline dates set before any district judge, remain unchanged. All conference or hearing dates currently set before Magistrate Judge Skomal that require telephonic or personal appearances, if any, are VACATED and will be rescheduled before Magistrate Judge Dembin. The new case number is 10cv00382-CAB-MDD. Signed by Magistrate Judge Bernard G. Skomal on 6/27/2014. Signed by Magistrate Mitchell D. Dembin on 6/27/2014. Signed by Chief District Judge Barry Ted Moskowitz on 7/2/2014.(All non-registered users served via U.S. Mail Service)(cxl) Modified on 7/2/2014 (cxl).
June 18, 2014 Opinion or Order Filing 213 ORDER of USCA as to #137 Notice of Appeal to 9th Circuit, filed by Bradley MacDonald, Medifast, Inc., #143 Notice of Appeal to 9th Circuit, filed by Robert L. Fitzpatrick. Appellees Tracy Coenen and Sequence, Inc.'s Unopposed Rule 39-1.8 Motion to Transfer Issue of Appellate Attorneys' Fees to the District Court is granted. (akr)
June 3, 2014 Opinion or Order Filing 212 ORDER of USCA as to #137 Notice of Appeal to 9th Circuit, filed by Bradley MacDonald, Medifast, Inc., #143 Notice of Appeal to 9th Circuit, filed by Robert L. Fitzpatrick: Plaintiffs Medifast, Inc. and Bradley MacDonald's motion for permission to file a late response to Defendants Barry Minkow, the Fraud Discovery Institute, Inc., and Robert L. FitzPatrick's (collectively, "Defendants") motion and request for judicial notice in support of their principal brief is GRANTED. The clerk is hereby ordered to file Plaintiff's response. Defendants' (1) motion and request for judicial notice in support of their principal brief, and (2) motion and request for judicial notice in support of their reply brief are DENIED. (skh)
March 31, 2014 Opinion or Order Filing 211 ORDER of USCA as to #137 Notice of Appeal to 9th Circuit, filed by Bradley MacDonald, Medifast, Inc., #143 Notice of Appeal to 9th Circuit, filed by Robert L. Fitzpatrick. This case is submitted for decision as of the date of the filing of this order. (akr)
November 6, 2013 Filing 210 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Telephonic Status Conference held (in chambers) on 11/6/2013.(Plaintiff Attorney Robert Giacovas). (Defendant Attorney Christopher Grell and John Stephens). (NO Court Reporter).(no document attached) (lmh)
October 25, 2013 Filing 209 STATUS REPORT (Joint) by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E-G)(Cohen, Lainie)(yeb).
September 27, 2013 Opinion or Order Filing 208 ORDER on Defendants Motions for Attorneys Fees and Costs and On Plaintiffs Bradley MacDonalds Motion For Sanction. It is so ordered Defendants motions for attorneys fees and costs [Doc. Nos. #164 , #169 , #193 , #194 ] and plaintiff MacDonalds motion for sanctions [Doc. No. #180 ] are denied without prejudice to refiling within thirty days following disposition of this matter on appeal. The court hereby schedules a telephonic status conference with the parties for Wednesday, November 6, 2013, at 10:00 a.m. In addition, the parties shall file a joint status report, no later than Friday, October 25, 2013, limited to ten pages. Signed by Judge Cathy Ann Bencivengo on 09/27/2013. (All non-registered users served via U.S. Mail Service)(yeb)
May 20, 2013 Opinion or Order Filing 207 ORDER of USCA as to #137 Notice of Appeal to 9th Circuit, filed by Bradley MacDonald, Medifast, Inc., #143 Notice of Appeal to 9th Circuit, filed by Robert L. Fitzpatrick. The submission of this appeal is vacated and deferred pending the disposition of the petition for rehearing en banc in Makaeff v. Trump University, LLC, ---F.3d----, 2013 WL 1633097 (9th Cir. 2013). (akr)
March 27, 2013 Filing 206 NOTICE of Change of Address by Christopher E Grell (Attachments: #1 Proof of Service Certificate of Service)(Grell, Christopher) (yeb).
August 7, 2012 Filing 205 AFFIDAVIT of Service for Proof/Affidavit re Personal Service re Statement Noting a Party's Death, and Certificate of Service; and, Notice and Statement of Death, and Certificate of Service served on Shirley Dee Malaby MacDonald on 06/22/12, filed by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Stephens, John)(yeb).
July 16, 2012 Filing 204 REPLY to Response to Motion re #193 MOTION for Attorney Fees and Costs against Medifast, Inc. and Request for Relief from Late Filing filed by Robert L. Fitzpatrick. (Attachments: #1 Proof of Service Certificate of Service)(Grell, Christopher)(yeb).
July 16, 2012 Opinion or Order Filing 203 ORDER Taking Motions for Attorneys' Fees Under Submission. Motions Submitted #193 MOTION for Attorney Fees and Costs against Medifast, Inc., #194 MOTION for Attorney Fees . The hearing set for July 20, 2012 is VACATED. Signed by Judge Cathy Ann Bencivengo on 07/16/2012.(All non-registered users served via U.S. Mail Service)(yeb) (jcj).
July 13, 2012 Filing 202 REPLY to Response to Motion re #194 MOTION for Attorney Fees & Costs filed by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Attachments: #1 Declaration of Attorney Rubin in Support of Reply to Response to Motion for Attorneys Fees & Costs, #2 Proof of Service)(Rubin, Stacy)(yeb).
July 6, 2012 Filing 201 RESPONSE in Opposition re #194 MOTION for Attorney Fees filed by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Declaration of Lainie E. Cohen, Esq. and exhibit thereto, #2 Proof of Service)(Cohen, Lainie)(yeb).
July 6, 2012 Filing 200 RESPONSE in Opposition re #193 MOTION for Attorney Fees and Costs against Medifast, Inc. filed by Medifast, Inc.. (Attachments: #1 Declaration of Lainie E. Cohen, Esq., #2 Exhibit A and B to Cohen Declaration, #3 Exhibit C to Cohen Declaration, #4 Exhibit D-F to Cohen Declaration, #5 Proof of Service)(Cohen, Lainie)(yeb).
June 19, 2012 Filing 199 NOTICE by Robert L. Fitzpatrick Notice and Statement of Death of Plaintiff Bradley MacDonald [FRCP, Rule 25(a)(1)] (Attachments: #1 Proof of Service Certificate of Service)(Grell, Christopher)(yeb).
May 31, 2012 Filing 198 NOTICE by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting Statement Noting A Party's Death (Attachments: #1 Proof of Service)(Rubin, Stacy)(yeb).
May 31, 2012 Opinion or Order Filing 197 ORDER of USCA as to #137 Notice of Appeal, filed by Bradley MacDonald, Medifast, Inc., #143 Notice of Appeal, filed by Robert L. Fitzpatrick. Plaintiffs' unopposed motion for a 90-day extension of time to file the third cross-appeal brief is granted. Briefing schedule issued. (akr)
April 30, 2012 Filing 196 NOTICE by Robert L. Fitzpatrick re #193 MOTION for Attorney Fees and Costs against Medifast, Inc. Notice of Withdrawal of 193-1 (Attachments: #1 Proof of Service)(Grell, Christopher) (yeb).
April 30, 2012 Filing 195 AMENDED DOCUMENT by Robert L. Fitzpatrick. Amendment to #193 MOTION for Attorney Fees and Costs against Medifast, Inc. Memorandum of Points and Authorities in Support of Robert L. FitzPatri8ck's Motion for Attorneys; Fees and Costs Agaiinst Plaintiff Medifast, Inc.. (Attachments: #1 Proof of Service)(Grell, Christopher)(yeb).
April 27, 2012 Filing 194 MOTION for Attorney Fees by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Declaration of Atty Weiner, #3 Declaration Declaration of Atty Weber, #4 Exhibit Exhibit A to Atty Weber Declaration, #5 Exhibit Exhibit B to Atty Weber Declaration, #6 Exhibit Exhibit C to Atty Weber Declaration, #7 Exhibit Exhibit D to Atty Weber Declaration, #8 Exhibit Exhibit E to Atty Weber Declaration, #9 Exhibit Exhibit F to Atty Weber Declaration, #10 Declaration Declaration of Atty Rubin, #11 Proof of Service Proof of Service)(Rubin, Stacy)(yeb).
April 27, 2012 Filing 193 MOTION for Attorney Fees and Costs against Medifast, Inc. by Robert L. Fitzpatrick. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Christopher E. Grell, #3 Exhibit Exhibit One-A, #4 Declaration Exhibits 2 and 3, #5 Exhibit Exhibit A, #6 Exhibit Exhibits B through E, #7 Proof of Service Certificate of Service)(Grell, Christopher)(yeb).
April 13, 2012 Opinion or Order Filing 192 ORDER granting in part and denying in part #155 Motion for Judgment: Minkow Defendants' motion is GRANTED as to the request for partial judgment but DENIED as to the request that the judgment specify that the Minkow Defendants are entitled to recover attorneys' fees and costs. The clerk shall enter judgment in favor of the Minkow Defendants as to all claims. Signed by Judge Cathy Ann Bencivengo on 4/13/12. (All non-registered users served via U.S. Mail Service)(lmt)
April 13, 2012 Opinion or Order Filing 191 ORDER granting in part and denying in part #165 Motion for Judgment In Favor of Robert Fitzpatrick Against Medifast, Inc.: Defendant Fitzpatrick's motion is GRANTED as to the request for partial judgment against Plaintiff Medifast, Inc. with regard to the second, third and fourth causes of action but DENIED as to the first cause of action and DENIED as to the request that the judgment specify that Defendant Fitzpatrick is entitled to recover attorneys' fees and costs. The clerk shall enter judgment in favor of Defendant Fitzpatrick against plaintiff Medifast, Inc. as to the second, third, and fourth causes of action only. Signed by Judge Cathy Ann Bencivengo on 4/13/12. (All non-registered users served via U.S. Mail Service)(lmt)
April 10, 2012 Opinion or Order Filing 190 ORDER Taking #180 MOTION for Sanctions Against Chris Grell Counsel for Defendant FitzPatrick under submission. The hearing set for April13, 2012 is VACATED. Signed by Judge Cathy Ann Bencivengo on 04/10/2012.(All non-registered users served via U.S. Mail Service)(yeb) (jcj).
March 2, 2012 Opinion or Order Filing 189 ORDER granting #186 Joint Motion to Continue Hearing on #180 Motion for Rule 11 Sanctions: Motion Hearing set for 3/16/12 is continued to 4/13/2012 at 01:30 PM. Signed by Judge Cathy Ann Bencivengo on 3/1/12. (All non-registered users served via U.S. Mail Service)(lmt) (jcj).
March 1, 2012 Opinion or Order Filing 188 Notice of Document Discrepancies and Order Thereon by Judge Cathy Ann Bencivengo: Accepting Document, from Plaintiffs Bradley MacDonald, Medifast, Inc., re #186 Joint MOTION to Continue Hearing on Motion for Sanctions. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge Cathy Ann Bencivengo on 03/01/2012. (All non-registered users served via U.S. Mail Service)(yeb) (av1).
March 1, 2012 Filing 187 REPLY to Response to Motion re #180 MOTION for Sanctions Against Chris Grell Counsel for Defendant FitzPatrick filed by Bradley MacDonald. (Attachments: #1 Proof of Service)(Cohen, Lainie)(yeb).
February 29, 2012 Filing 186 Joint MOTION to Continue Hearing on Motion for Sanctions by Bradley MacDonald. (Attachments: #1 proposed order, #2 Proof of Service)(Cohen, Lainie)(yeb).
February 24, 2012 Filing 185 NOTICE OF WITHDRAWAL OF DOCUMENT by Robert L. Fitzpatrick re #180 MOTION for Sanctions Against Chris Grell Counsel for Defendant FitzPatrick filed by Bradley MacDonald . (Attachments: #1 Proof of Service)(Grell, Christopher)(yeb).
February 24, 2012 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Reset Deadlines as to #180 MOTION for Sanctions Against Chris Grell Counsel for Defendant FitzPatrick. Motion Hearing set for 3/16/2012 at 02:30 PM in Courtroom 02 before Judge Cathy Ann Bencivengo.(aet)
February 23, 2012 Filing 184 RESPONSE in Opposition re #180 MOTION for Sanctions Against Chris Grell Counsel for Defendant FitzPatrick Defense Counsel Christopher E. Grell's Opposition to Plaitniff Bradley MacDonald's Motion for Rule 11 Sanctions filed by Robert L. Fitzpatrick. (Attachments: #1 Declaration of Christopher E. Grell in Support of Grell's Opposition to Plaintiffs' Rule 11 Motion, #2 Proof of Service)(Grell, Christopher) Notified atty re duplicate entry (ecs).
February 23, 2012 Filing 183 RESPONSE in Opposition re #180 MOTION for Sanctions Against Chris Grell Counsel for Defendant FitzPatrick Defense Counsel Christopher E. Grell's Opposition to Plaintiff Bradley MacDonald's Motion for Rule 11 Sanctions filed by Robert L. Fitzpatrick. (Attachments: #1 Declaration Declaration of Christopher E. Grell in Support of Grell's Opposition to Plaintiffs' Rule 11 Motion for Sanctions, #2 Proof of Service Certificate of Serivce)(Grell, Christopher) (ecs).
February 15, 2012 Opinion or Order Filing 182 ORDER TRANSFERRING CASE: This Case is transferred from the calendar of the Honorable Janis L. Sammartino to the calendar of the Honorable Cathy Ann Bencivengo. All pending motion dates, pretrial and trial dates scheduled on Judge Sammartino's calendar shall be transferred to Judge Bencivengo's calendar. The new case number is 10cv382 CAB(BGS). Signed by Judge Janis L. Sammartino on 2/15/12.(All non-registered users served via U.S. Mail Service)(lmt)
February 9, 2012 Opinion or Order Filing 181 ORDER of USCA as to #137 Notice of Appeal, filed by Bradley MacDonald, Medifast, Inc., #143 Notice of Appeal, filed by Robert L. Fitzpatrick. Defendants' unopposed motion for a 90-day extension of time to file the second cross-appeal brief is granted. Briefing schedule issued. (akr)
January 3, 2012 Filing 180 MOTION for Sanctions Against Chris Grell Counsel for Defendant FitzPatrick by Bradley MacDonald. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Cohen, Lainie) (jpp).
December 29, 2011 Opinion or Order Filing 179 ORDER Vacating Hearing re #169 MOTION for Attorney Fees and Robert L. FitzPatrick's Motion for Attorneys' Fees and Costs: The motion hearing set for 1/5/12 is HEREBY VACATED, and the matter is taken under submission without oral argument. Signed by Judge Janis L. Sammartino on 12/29/11.(All non-registered users served via U.S. Mail Service)(lmt) (jcj).
December 9, 2011 Filing 178 Notice of Document Discrepancies by Judge Janis L. Sammartino Rejecting Document: Letter re: ex parte motion from Bradley MacDonald, Medifast, Inc.. 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: Ex Parte Communication Prohibited. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1.(All non-registered users served via U.S. Mail Service)(lmt)
December 8, 2011 Filing 177 REPLY to Response to Motion re #169 MOTION for Attorney Fees and Robert L. FitzPatrick's Motion for Attorneys' Fees and Costs filed by Robert L. Fitzpatrick. (Attachments: #1 Declaration, #2 Exhibit, #3 Proof of Service)(Grell, Christopher) (lmt).
December 8, 2011 Opinion or Order Filing 176 ORDER Vacating Hearing re #164 MOTION for Attorney Fees and Costs and #165 MOTION for Judgment in Favor of Defendant FitzPatrick Against Plaintiff Medifast, Inc.: The motion hearing set for 12/15/11 is HEREBY VACATED, and the matter is taken under submission without oral argument. Signed by Judge Janis L. Sammartino on 12/8/11.(All non-registered users served via U.S. Mail Service)(lmt) (jcj).
December 1, 2011 Filing 175 RESPONSE in Opposition re #169 MOTION for Attorney Fees and Robert L. FitzPatrick's Motion for Attorneys' Fees and Costs filed by Bradley MacDonald. (Attachments: #1 Declaration of Lainie E. Cohen, Esq., #2 Exhibit A, #3 Exhibit B - E, #4 Proof of Service)(Cohen, Lainie) (lmt).
November 10, 2011 Filing 174 REPLY to Response to Motion re #165 MOTION for Judgment in Favor of Defendant FitzPatrick Against Plaintiff Medifast, Inc. filed by Robert L. Fitzpatrick. (Attachments: #1 Declaration, #2 Proof of Service)(Grell, Christopher) (lmt).
November 10, 2011 Filing 173 REPLY to Response to Motion re #164 MOTION for Attorney Fees and Costs filed by Tracy Coenen, Sequence, Inc.. (Attachments: #1 Declaration of Stephen M. Duvernay, #2 Exhibit A to Declaration of Stephen M. Duvernay, #3 Proof of Service)(Duvernay, Stephen) (lmt).
November 3, 2011 Filing 172 RESPONSE in Opposition re #165 MOTION for Judgment in Favor of Defendant FitzPatrick Against Plaintiff Medifast, Inc. filed by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Proof of Service)(Cohen, Lainie) (lmt).
November 3, 2011 Filing 171 RESPONSE in Opposition re #164 MOTION for Attorney Fees and Costs filed by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Declaration of Lainie E. Cohen, #2 Proof of Service)(Cohen, Lainie) (lmt).
October 25, 2011 Opinion or Order Filing 170 ORDER Setting Briefing Schedule as to #169 MOTION for Attorney Fees and Robert L. FitzPatrick's Motion for Attorneys' Fees and Costs: Opposition due by 12/1/2011 and Reply due by 12/8/2011. Signed by Judge Janis L. Sammartino on 10/25/11.(All non-registered users served via U.S. Mail Service)(lmt) (jcj).
October 17, 2011 Filing 169 MOTION for Attorney Fees and Robert L. FitzPatrick's Motion for Attorneys' Fees and Costs by Robert L. Fitzpatrick. (Attachments: #1 Memo of Points and Authorities in support of Motion for Attorneys' Fees and Costs, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Proof of Service Certificate of Service)(Grell, Christopher) (lmt).
October 14, 2011 Opinion or Order Filing 168 ORDER: Vacating Hearing. The motion hearing set for 10/20/2011, is hereby vacated, and the matter is taken under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Judge Janis L. Sammartino on 10/14/2011. (All non-registered users served via U.S. Mail Service)(aef)(jcj).
October 5, 2011 Opinion or Order Filing 167 Amended ORDER: Setting Briefing Schedule as to #164 and #165 : Plaintiffs' opposition is DUE BY 11/3/11, and Defendants' reply is DUE BY 11/10/11. The Clerk shall STRIKE the 166 Order dated 10/3/11. Signed by Judge Janis L. Sammartino on 10/5/11.(All non-registered users served via U.S. Mail Service)(lmt) (jcj).
October 3, 2011 Opinion or Order Filing 166 DOCUMENT STRICKEN PER #167 ORDER - ORDER Setting Briefing Schedule as to #164 MOTION for Attorney Fees and Costs and #165 MOTION for Judgment in Favor of Defendant FitzPatrick Against Plaintiff Medifast, Inc.: Opposition due by 11/3/2011 and Reply due by 11/10/2011. Signed by Judge Janis L. Sammartino on 10/3/11.(All non-registered users served via U.S. Mail Service)(lmt) (jcj). Modified on 10/5/2011 (lmt).
September 30, 2011 Filing 165 MOTION for Judgment in Favor of Defendant FitzPatrick Against Plaintiff Medifast, Inc. by Robert L. Fitzpatrick. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Grell, Christopher) (lmt).
September 8, 2011 Filing 164 MOTION for Attorney Fees and Costs by Tracy Coenen, Sequence, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Heather L. Rosing, #3 Declaration Leah A. Plaskin, #4 Declaration Stephen M. Duvernay, #5 Compendium of Evidence, #6 Proof of Service)(Plaskin, Leah) (lmt).
August 25, 2011 Filing 163 CLERK'S JUDGMENT IT IS SO ORDERED AND ADJUDGED that Coenen's and FitzPatrick's motions for judgment were granted as to the requests for partial judgment but denied as to the requests that the judgment specify that Coenen and FitzPatrick are entitled to recover attorney's fees and costs. The clerk enters judgment in favor of Defendants Tracy Coenen and Sequence, Inc. as to all claims, and in favor of Defendant Robert L. FitzPatrick as to Plaintiff Bradley MacDonald's claims. Plaintiffs' request to stay consideration of any attorney's fee motions was denied without prejudice. (All non-registered users served via U.S. Mail Service)(lmt)
August 25, 2011 Opinion or Order Filing 162 ORDER granting in part and denying in part #131 Motion for Entry of Judgment under Rule 54(b) and #133 Motion for Judgment: Coenen's and FitzPatrick's motions are GRANTED as to the requests for partial judgment but DENIED as to the requests that the judgment specify that Coenen and FitzPatrick are entitled to recover attorney's fees and costs. The clerk shall enter judgment in favor of Defendants Tracy Coenen and Sequence, Inc. as to all claims, and in favor of Defendant Robert L. FitzPatrick as to Plaintiff Bradley MacDonald's claims. Plaintiffs' request to stay consideration of any attorney's fee motions is DENIED WITHOUT PREJUDICE. Signed by Judge Janis L. Sammartino on 8/25/11. (All non-registered users served via U.S. Mail Service)(lmt)
August 23, 2011 Opinion or Order Filing 161 ORDER granting #157 Motion to Substitute Attorney. Signed by Judge Janis L. Sammartino on 8/23/11. (All non-registered users served via U.S. Mail Service)(lmt) (jcj).
August 23, 2011 Filing 160 NOTICE of Joinder by William Lobdell re #155 MOTION for Judgment in Favor of Minkow Defendants (Attachments: #1 Proof of Service)(Rubin, Stacy) (lmt).
August 23, 2011 Filing 159 NOTICE of Appearance by Stacy Heather Rubin on behalf of Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting (Attachments: #1 Proof of Service)(Rubin, Stacy) (lmt).
August 22, 2011 Filing 158 NOTICE of Appearance by John H. Stephens on behalf of Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting (Attachments: #1 Proof of Service Stacy H. Rubin)(Stephens, John) (atty contacted re wrong s/) (lmt).
August 22, 2011 Filing 157 MOTION to Substitute Attorney John H. Stephens by William Lobdell. (Attachments: #1 Proof of Service)(Stephens, John) (lmt).
August 12, 2011 Opinion or Order Filing 156 ORDER granting #153 #154 Motions to Substitute Attorney.. Signed by Judge Janis L. Sammartino on 8/12/11. (All non-registered users served via U.S. Mail Service)(lmt)
August 9, 2011 Filing 155 MOTION for Judgment in Favor of Minkow Defendants by Fraud Discovery Institute, Inc., Barry Minkow, iBuisness Reporting. (Attachments: #1 Memo of Points and Authorities in Favor of Minkow Defendants, #2 Proof of Service)(Stephens, John) (lmt).
August 9, 2011 Filing 154 MOTION to Substitute Attorney by iBuisness Reporting. (Attachments: #1 Proof of Service as to iBusiness Reporting)(Stephens, John) (lmt).
August 9, 2011 Filing 153 MOTION to Substitute Attorney by Fraud Discovery Institute, Inc., Barry Minkow. (Attachments: #1 Proof of Service as to Minkow and FDI)(Stephens, John) (lmt).
July 26, 2011 Filing 152 NOTICE by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting of Attorneys' Lien (Weber, Robert) (mtb).
May 31, 2011 Filing 151 TRANSCRIPT DESIGNATION AND ORDERING FORM by Robert L. Fitzpatrick for proceedings held on March 18, 2011 re #143 Notice of Appeal. (Attachments: #1 Proof of Service Certificate of Service)(Grell, Christopher). (akr).
May 10, 2011 NOTICE of USCA receipt of 150 notice of fee payment re #143 Notice of Appeal, filed by Robert L. Fitzpatrick. (akr)
May 9, 2011 Filing 150 Fee for Appeal to 9th Circuit Court of Appeals re #143 Notice of Appeal: $ 455, receipt number 0974-3547622, Paid on 5/9/2011. (Grell, Christopher). Modified on 5/10/2011 to note USCA Case No. 11-55699 and to link to Notice of Appeal. NEF regenerated. (akr).
May 9, 2011 Opinion or Order Filing 148 ORDER Vacating Hearing re #131 Motion for Entry of Judgment under Rule 54(b): The motion hearing set for 5/12/11 is vacated and the matter is taken under submission without oral argument. Signed by Judge Janis L. Sammartino on 5/9/11. (All non-registered users served via U.S. Mail Service)(lmt) (jcj).
May 6, 2011 Opinion or Order Filing 149 ORDER of USCA as to #143 Notice of Appeal, filed by Robert L. Fitzpatrick. A review of the docket reflects that appellant has not paid the docketing and filing fees for this appeal. Within 21 days from the date of this order, appellant shall pay $455.00 to the USDC as the docketing and filing fees for this appeal and provide proof of payment to the USCA, or otherwise show cause why the appeal should not be dismissed for failure to prosecute. The filing of a motion to proceed in forma pauperis will automatically stay the briefing schedule under Ninth Circuit Rule 27-11. If appellant fails to comply with this order, this appeal will be dismissed automatically by the Clerk for failure to prosecute. (akr)
May 2, 2011 Opinion or Order Filing 147 ORDER vacating hearing re #131 Motion for Entry of Judgment under Rule 54(b): The motion hearing set for 5/5/11 is vacated and the matter is taken under submission without oral argument. Signed by Judge Janis L. Sammartino on 5/2/11. (All non-registered users served via U.S. Mail Service)(lmt) (jcj).
April 29, 2011 Filing 146 REPLY to Response to Motion re #133 MOTION for Judgment in Favor of Defendant Robert L. FitzPatrick Against Bradley MacDonald filed by Robert L. Fitzpatrick. (Attachments: #1 Proof of Service)(Grell, Christopher) (lmt).
April 28, 2011 Filing 145 USCA Time Schedule Order for #137 Notice of Appeal, #143 Notice of Appeal. (akr)
April 28, 2011 Filing 144 USCA Case Number 11-55699 for #143 Notice of Appeal, filed by Robert L. Fitzpatrick. (akr)
April 27, 2011 Filing 143 NOTICE OF APPEAL as to #130 Order (1) granting in part and denying in part Defendant Fitzpatrick's Motion to Dismiss Case as Frivolous; (2) granting Coenen Defendants' Motion to Strike; (3) granting Minkow Defendants' Motion to Strike; (4) denying as moot Minkow Defendants' Motion to Dismiss, by Robert L. Fitzpatrick. Fee not paid. (Notice of Appeal electronically transmitted to US Court of Appeals). (akr)
April 27, 2011 Filing 142 RE-DOCKETED AT DOCUMENT #143 BY USDC CLERK: NOTICE of Appeal by Robert L. Fitzpatrick Notice of Appeal (Attachments: #1 Proof of Service Certificate of Service)(Grell, Christopher) (atty contacted re wrong event) (lmt). Modified on 4/28/2011 to note that this has been re-docketed at document #143 using the correct Notice of Appeal event. (akr).
April 27, 2011 Filing 141 REPLY - Other re #131 MOTION for Entry of Judgment under Rule 54(b) filed by Tracy Coenen, Sequence, Inc.. (Attachments: #1 Proof of Service Certificate of Service)(Plaskin, Leah) (lmt).
April 27, 2011 Filing 140 NOTICE of Appearance by Stephen M. Duvernay on behalf of Tracy Coenen, Sequence, Inc. (Attachments: #1 Proof of Service Certificate of Service)(Duvernay, Stephen) (lmt).
April 27, 2011 Filing 139 USCA Time Schedule Order as to #137 Notice of Appeal, filed by Bradley MacDonald, Medifast, Inc. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court, provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 5/26/2011 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 6/27/2011.) (cc: Court Reporter). (akr)
April 27, 2011 Filing 138 USCA Case Number 11-55687 for #137 Notice of Appeal, filed by Bradley MacDonald, Medifast, Inc. (akr)
April 26, 2011 Filing 137 NOTICE OF APPEAL as to #130 Order (1) granting in part and denying in part Defendant Fitzpatrick's Motion to Dismiss Case as Frivolous; (2) granting Coenen Defendants' Motion to Strike; (3) granting Minkow Defendants' Motion to Strike; (4) denying as moot Minkow Defendants' Motion to Dismiss, by Bradley MacDonald, Medifast, Inc. (Filing fee $ 455 receipt number 0974-3511192.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: #1 Proof of Service)(Cohen, Lainie). Modified on 4/26/2011 to edit docket text related to Order being appealed. (akr).
April 25, 2011 Opinion or Order Filing 136 ORDER denying without prejudice #134 Motion for Entry of Judgment under Rule 54(b). Signed by Judge Janis L. Sammartino on 4/25/11. (All non-registered users served via U.S. Mail Service)(lmt) (jcj).
April 20, 2011 Filing 135 RESPONSE in Opposition re #131 MOTION for Entry of Judgment under Rule 54(b), #133 MOTION for Judgment in Favor of Defendant Robert L. FitzPatrick Against Bradley MacDonald filed by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Proof of Service)(Cohen, Lainie) (lmt).
April 14, 2011 Filing 134 MOTION for Entry of Judgment under Rule 54(b) by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Cohen, Lainie) (lmt).
April 12, 2011 Filing 133 MOTION for Judgment in Favor of Defendant Robert L. FitzPatrick Against Bradley MacDonald by Robert L. Fitzpatrick. (Attachments: #1 Memo of Points and Authorities in Support of Motion for Judgment in Favor of Defendant Robert L. FitzPatrick Against Plaintiff Bradley MacDonald, #2 Proof of Service)(Grell, Christopher)(lmt).
April 11, 2011 Filing 132 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/18/2011, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Gayle Wakefield. 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 5/2/2011. Redacted Transcript Deadline set for 5/12/2011. Release of Transcript Restriction set for 7/11/2011. (All non-registered users served via U.S. Mail Service. Notice of electronic filing only.) (akr) (Main Document 132 replaced on 4/12/2011 with corrected transcript provided by Court Reporter. Only change made was an addition to the list of counsel appearing at hearing.) (akr).
March 30, 2011 Filing 131 MOTION for Entry of Judgment under Rule 54(b) by Tracy Coenen, Sequence, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Plaskin, Leah) (knh).
March 29, 2011 Opinion or Order Filing 130 ORDER: (1) granting in part and denying in part #88 Defendant Fitzpatrick's Motion to Dismiss Case as Frivolous; (2) granting #97 Coenen Defendants' Motion to Strike; (3) granting #98 Minkow Defendants' Motion to Strike; (4) denying as moot #43 Minkow Defendants' Motion to Dismiss. Signed by Judge Janis L. Sammartino on 3/29/11. (All non-registered users served via U.S. Mail Service)(lmt)
March 18, 2011 Filing 129 Minute Order for proceedings held before Judge Janis L. Sammartino : Hearing Motion to Dismiss #43 , #88 and Motion to Strike #97 , #98 held and taken under submission; Mr. Weber's oral request to extend stay is granted. Court to issue written order (Court Reporter Gayle Wakefield / CRD P Dela Cruz /(Plaintiff Attorney Robert A. Giacovas, George H. Kaelin & Michael Tanczyn / Defendant Attorney Christopher E. Grell, Heather Rosing, Robert Weber & Stephen Duvernay) (acr)
February 4, 2011 Filing 128 SUPPLEMENTAL DOCUMENT by Bradley MacDonald, Medifast, Inc. re #126 Reply to Response to Motion, #125 Reply to Response to Motion, Notice of Issuance of Supplemental Authority by the California Supreme Court. (Attachments: #1 Proof of Service)(Cohen, Lainie) (lmt).
January 31, 2011 Opinion or Order Filing 127 ORDER: (1) Continuing Hearing on Special Motions to Strike; (2) Vacating Hearing on #43 Motion to Dismiss: The Court continues the hearing on the special motions to strike to 3/18/11 at 3:00 PM in Courtroom 6. The hearing on the #43 motion to dismiss set for 2/17/11 is vacated, and the matter is taken under submission without oral argument. Signed by Judge Janis L. Sammartino on 1/31/11. (All non-registered users served via U.S. Mail Service)(lmt) (av1).
January 18, 2011 Filing 126 REPLY to Response to Motion re #43 MOTION to Dismiss Pursuant to FRCP 12(B)(6) MOTION to Dismiss Pursuant to FRCP 12(B)(6) filed by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Weber, Robert) (atty contacted re s/) (lmt).
January 18, 2011 Filing 125 REPLY to Response to Motion [Special Anti-SLAPP Motion to Strike Plaintiff's First Amended Complaint] filed by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Attachments: #1 Declaration of Robert D. Weber)(Weber, Robert) (atty contacted re s/) (lmt).
January 18, 2011 Filing 124 REPLY to Response to Motion re #97 MOTION to Strike Plaintiffs' First Amended Complaint filed by Tracy Coenen, Sequence, Inc.. (Attachments: #1 Declaration, #2 Exhibit JJ, #3 Declaration, #4 Exhibit GG, #5 Exhibit 17, #6 Exhibit HH, #7 Exhibit 15, #8 Exhibit 18, #9 Exhibit II, #10 Exhibit 24, #11 Exhibit KK, #12 Exhibit LL, #13 Exhibit MM, #14 Exhibit NN, #15 Exhibit OO, #16 Proof of Service)(Plaskin, Leah) (lmt).
January 18, 2011 Filing 123 REPLY to Response to Motion re #88 Amended MOTION to Dismiss Case as Frivolous Defendant Robert L. FitzPatrick's Reply to Plaintiffs' Opposition to Defendant's Amended Special Motion to Stroke Plaintiff's First Amended Complaint as a SLAPP Pursuant to California Code of Civil Procedure Section 425.16 filed by Robert L. Fitzpatrick. (Attachments: #1 Exhibit Exhibits `, A-C, #2 Exhibit Exhibits D-E, #3 Exhibit Exhibit 2, #4 Proof of Service Certificate of Service re Reply)(Grell, Christopher) (lmt).
January 5, 2011 Opinion or Order Filing 122 ORDER granting #119 Defendant's Ex Parte Motion for Leave to File Replies in Excess of Page Limit and for Extension of Time to File Reply: Defendants' replies are due by 1/18/11. Signed by Judge Janis L. Sammartino on 1/5/11. (All non-registered users served via U.S. Mail Service)(lmt)
January 5, 2011 Filing 121 RESPONSE to Motion re #119 Joint MOTION for Extension of Time to File Response/Reply as to #105 Response in Opposition to Motion, And for Permission to file in excess of page limitJoint MOTION for Extension of Time to File Response/Reply as to #105 Response in Opposition to Motion, And for Permission to file in excess of page limit filed by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Proof of Service)(Cohen, Lainie) (lmt).
January 5, 2011 Filing 120 NOTICE by Tracy Coenen, Sequence, Inc. re #119 Joint MOTION for Extension of Time to File Response/Reply as to #105 Response in Opposition to Motion, And for Permission to file in excess of page limitJoint MOTION for Extension of Time to File Response/Reply as to #105 Response in Opposition to Motion, And for Permission to file in excess of page limit NOTICE OF ERRATA (Attachments: #1 AMENDED JOINT EX PARTE MOTION, #2 AMENDED [PROPOSED] ORDER, #3 Proof of Service)(Plaskin, Leah) (atty contacted re proposed order) (lmt).
January 4, 2011 Filing 119 Joint MOTION for Extension of Time to File Response/Reply as to #105 Response in Opposition to Motion, And for Permission to file in excess of page limit by Tracy Coenen, Sequence, Inc.. (Attachments: #1 Exhibit A, #2 Declaration, #3 Proof of Service)(Plaskin, Leah) (lmt).
January 3, 2011 Filing 118 RESPONSE in Opposition re #43 MOTION to Dismiss Pursuant to FRCP 12(B)(6) MOTION to Dismiss Pursuant to FRCP 12(B)(6) filed by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Proof of Service)(Cohen, Lainie) (lmt).
December 28, 2010 Filing 117 CERTIFICATE of Service re #106 Response in Opposition to Motion, #111 Response in Opposition to Motion, #116 Response in Opposition to Motion, #110 Response in Opposition to Motion, #112 Response in Opposition to Motion, #105 Response in Opposition to Motion, #107 Response in Opposition to Motion, #113 Response in Opposition to Motion, #109 Response in Opposition to Motion, #108 Response in Opposition to Motion, #114 Response in Opposition to Motion Certificate of Service by Lainie E. Cohen on behalf of Bradley MacDonald, Medifast, Inc. (Cohen, Lainie) (atty contacted re wrong event) Modified to correct event on 12/28/2010 (lmt).
December 28, 2010 Filing 116 Exhibit 3 part I to #105 RESPONSE in Opposition to Defendants' #88 , #97 , #98 Motions to Strike filed by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Exhibit 3 part II, #2 Exhibit 9 part I, #3 Exhibit 9 part II)(Cohen, Lainie) (atty contacted re wrong event/incomplete doc) Modified to edit text and change event on 12/28/2010 (lmt).
December 28, 2010 Filing 115 Certificate of Service re #105 RESPONSE in Opposition filed by Bradley MacDonald, Medifast, Inc. (Cohen, Lainie) (atty contacted re wrong event) Modified to correct event and edit text on 12/28/2010 (lmt).
December 28, 2010 Filing 114 Exhibit 111-144 to #105 RESPONSE in Opposition to Defendants' #88 , #97 , #98 Motions to Strike filed by Bradley MacDonald, Medifast, Inc. (Attachments: #1 Exhibit 111-144)(Cohen, Lainie) (atty contacted re wrong event/incomplete doc) Modified to change event and edit text on 12/28/2010 (lmt).
December 28, 2010 Filing 113 Exhibit 36 and 61-85 to #105 RESPONSE in Opposition to Defendants' #88 , #97 , #98 Motions to Strike filed by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Exhibit 61-85)(Cohen, Lainie) (Atty contacted re wrong event/incomplete doc) Modified to change event and edit text on 12/28/2010 (lmt).
December 28, 2010 Filing 112 Exhibits 10-35, 37-60 to #105 RESPONSE in Opposition to Defendants' #88 , #97 , #98 Motions to Strike filed by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Exhibit 37-47, #2 Exhibit 48-60)(Cohen, Lainie) (atty contacted re wrong event/incomplete doc) Modified to change event and edit text on 12/28/2010 (lmt).
December 28, 2010 Filing 111 Exhibit 7-8 to #105 RESPONSE in Opposition to Defendants' #88 , #97 , #98 Motions to Strike filed by Bradley MacDonald, Medifast, Inc.. (Cohen, Lainie) (atty contacted re wrong event/incomplete doc) Modified to change event and edit text on 12/28/2010 (lmt).
December 28, 2010 Filing 110 Exhibit 5 & 6 to #105 RESPONSE in Opposition to Defendants' #88 , #97 , #98 Motions to Strike filed by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Exhibit 6)(Cohen, Lainie) (atty contacted re incomplete doc) Modified to change event and edit text on 12/28/2010 (lmt).
December 28, 2010 Filing 109 Exhibit 4 to #105 RESPONSE in Opposition to Defendants' #88 , #97 , #98 Motions to Strike filed by Bradley MacDonald, Medifast, Inc. (Cohen, Lainie) (atty contacted re incomplete doc) Modified to change event and edit text on 12/28/2010 (lmt).
December 27, 2010 Filing 108 Exhibit 2 to #105 RESPONSE in Opposition to Defendants' #88 , #97 , #98 Motions to Strike filed by Bradley MacDonald, Medifast, Inc. (Cohen, Lainie) (atty contacted re incomplete doc and cert of service) Modified to change event and edit text on 12/28/2010 (lmt).
December 27, 2010 Filing 107 Exhibit 1 to #105 RESPONSE in Opposition to Defendants' #88 , #97 , #98 Motions to Strike filed by Bradley MacDonald, Medifast, Inc. (Cohen, Lainie) (atty contacted re incomplete docment and cert of service) Modified to correct event and edit text on 12/28/10 (lmt).
December 27, 2010 Filing 106 Declaration of Lainie Cohen in support of #105 RESPONSE in Opposition to Defendants' #88 , #97 , #98 Motions to Strike filed by Bradley MacDonald, Medifast, Inc. (Cohen, Lainie) Modified to edit text and correct event on 12/28/2010 (lmt).
December 27, 2010 Filing 105 RESPONSE in Opposition to Defendants' #88 , #97 , #98 Motions to Strike filed by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Declaration, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Objections to Grell Declaration)(Cohen, Lainie) (lmt). Modified to edit text on 12/28/2010 (lmt).
December 14, 2010 Opinion or Order Filing 104 ORDER granting #100 Plaintiff's Ex Parte Motion to File One Opposition to Defendants' Motions to Strike: Plaintiffs shall file one opposition to Moving Defendants' motions. Plaintiffs' opposition shall clearly identify which Moving Defendants' motion or motions its arguments apply to. Signed by Judge Janis L. Sammartino on 12/14/10. (All non-registered users served via U.S. Mail Service)(lmt) (cap).
December 8, 2010 Filing 103 REPLY to Response to Motion re #100 Ex Parte MOTION for Permission to File One Omnibus Opposition to Defendants' Motions to Strike filed by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Proof of Service)(Cohen, Lainie) (lmt).
December 7, 2010 Filing 102 RESPONSE in Opposition re #100 Ex Parte MOTION for Permission to File One Omnibus Opposition to Defendants' Motions to Strike filed by Robert L. Fitzpatrick. (Attachments: #1 Proof of Service Certificate of Service)(Grell, Christopher) (lmt).
December 7, 2010 Filing 101 RESPONSE in Opposition re #100 Ex Parte MOTION for Permission to File One Omnibus Opposition to Defendants' Motions to Strike filed by Tracy Coenen, Sequence, Inc.. (Attachments: #1 Proof of Service)(Plaskin, Leah) (lmt).
December 6, 2010 Filing 100 Ex Parte MOTION for Permission to File One Omnibus Opposition to Defendants' Motions to Strike by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Declaration, #2 Proof of Service)(Cohen, Lainie) (lmt).
November 22, 2010 Opinion or Order Filing 99 ORDER: (1) Setting Briefing Schedule on #88 #97 #98 Defendants' Special Motions to Strike; (2) Setting Briefing Schedule on #43 Defendants' Motion to Dismiss; (3) Setting Hearing on #43 Defendants' Motion to Dismiss: Plaintiffs' oppositions to the #88 #97 #98 motions to strike are due by 12/27/10, and Defendants' respective replies are due by 1/10/11. The hearing on #43 Motion to Dismiss is set for 2/17/11 at 1:30 PM in Courtroom 6. Plaintiffs' opposition to the moving parties' motion is due by 1/3/11, and the moving parties' reply is due by 1/17/11. Signed by Judge Janis L. Sammartino on 11/22/10.(All non-registered users served via U.S. Mail Service)(lmt) Modified to correct date on 11/24/2010 (lmt) (jcj).
November 19, 2010 Filing 98 MOTION to Strike [Special Anti-SLAPP Motion to Strike] Plaintiffs' Amended Complaint by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Barry Minkow)(Weber, Robert) Atty contacted re s/ cert of service (lmt).
November 9, 2010 Filing 97 MOTION to Strike Plaintiffs' First Amended Complaint by Tracy Coenen, Sequence, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Dec of Tracy Coenen, #3 Exhibit Exhibit EE, #4 Declaration Dec of Stephen M. Duvernay, #5 Exhibit Exhibits A thru K, #6 Exhibit Exhibits L thru X, #7 Exhibit Exhibit Y Pages 1 - 122, #8 Exhibit Exhibit Y Pages 123 - 180, #9 Exhibit Exhibit Y Pages 181 - 200, #10 Exhibit Exhibit Y Pages 201 - 246, #11 Exhibit Exhibit Z Pages 1 - 60, #12 Exhibit Exhbit Z Pages 61 - 120, #13 Exhibit Exhibit Z Pages 121 - 180, #14 Exhibit Exhibit Z Pages 181 - 220, #15 Exhibit Exhibit Z Pages 221 - 255, #16 Exhibit Exhibit AA, #17 Exhibit Exhibit BB, #18 Exhibit Exhibit CC thru FF, #19 Proof of Service Cert of Service)(Plaskin, Leah) (lmt).
November 9, 2010 Filing 96 NOTICE by Robert L. Fitzpatrick re #88 Amended MOTION to Dismiss Case as Frivolous (Attachments: #1 Notice of Motion)(Grell, Christopher) (lmt).
November 9, 2010 Filing 95 AFFIDAVIT re #88 Amended MOTION to Dismiss Case as Frivolous by Defendant Robert L. Fitzpatrick. (Attachments: #1 Exhibit Exhibits FF through II, #2 Proof of Service)(Grell, Christopher) (lmt).
November 9, 2010 Filing 94 AFFIDAVIT re #88 Amended MOTION to Dismiss Case as Frivolous by Defendant Robert L. Fitzpatrick. (Attachments: #1 Exhibit Exhibits BB through EE)(Grell, Christopher) (lmt).
November 9, 2010 Filing 93 AFFIDAVIT re #88 Amended MOTION to Dismiss Case as Frivolous by Defendant Robert L. Fitzpatrick. (Attachments: #1 Appendix Exhibits X through AA)(Grell, Christopher) (lmt).
November 9, 2010 Filing 92 AFFIDAVIT re #88 Amended MOTION to Dismiss Case as Frivolous by Defendant Robert L. Fitzpatrick. (Attachments: #1 Exhibit Exhibit R, #2 Exhibit Exhibits S to W)(Grell, Christopher) (lmt).
November 9, 2010 Filing 91 AFFIDAVIT re #88 Amended MOTION to Dismiss Case as Frivolous by Defendant Robert L. Fitzpatrick. (Attachments: #1 Exhibit Exhibits H to Q)(Grell, Christopher) (lmt).
November 9, 2010 Filing 90 AFFIDAVIT re #88 Amended MOTION to Dismiss Case as Frivolous by Defendant Robert L. Fitzpatrick. (Attachments: #1 Affidavit in Support of Special Motion to Strike)(Grell, Christopher) (lmt).
November 9, 2010 Filing 89 AFFIDAVIT by Defendant Robert L. Fitzpatrick. (Attachments: #1 Affidavit of Robert FitzPatrick, 2nd, #2 Exhibit 1)(Grell, Christopher) (lmt).
November 9, 2010 Filing 88 Amended MOTION to Dismiss Case as Frivolous by Robert L. Fitzpatrick. (Attachments: #1 Memo of Points and Authorities in Support of Special Motion to Strike, #2 Declaration Declaration of Christopher E. Grell, #3 Affidavit of Robert FitzPatrick)(Grell, Christopher) (lmt).
November 1, 2010 Opinion or Order Filing 87 ORDER (1) granting #85 Joint Motion to Continue Hearing on Motion to Dismiss and (2) Vacating Hearing: The hearing on Defendants' motion to dismiss, set for 11/12/10 at 3:00 PM is vacated. The Court will re-set the hearing date after Defendants file their renewed anti-SLAPP motions. Signed by Judge Janis L. Sammartino on 11/1/10. (All non-registered users served via U.S. Mail Service)(lmt) (mam).
October 29, 2010 Filing 86 CERTIFICATE OF SERVICE by Medifast, Inc. re #85 Joint MOTION to Continue Hearing of Motion to Dismiss (Turek, Kenneth) (lmt).
October 29, 2010 Filing 85 Joint MOTION to Continue Hearing of Motion to Dismiss by Medifast, Inc.. (Turek, Kenneth) (lmt).
October 26, 2010 Opinion or Order Filing 84 ORDER TO SHOW CAUSE Why Defendants' Motion to Dismiss Should Not be Granted: Plaintiffs shall respond and show cause why Defendants' motion should not be granted pursuant to Civil Local Rule 7.1(f)(3)(c) by 11/1/10 at 12:00 PM. Signed by Judge Janis L. Sammartino on 10/26/10.(All non-registered users served via U.S. Mail Service)(lmt)(mam).
October 1, 2010 Opinion or Order Filing 83 ORDER granting #79 Ex Parte Motion for Extension of Time to Complete Discovery: the Court grants Plaintiffs' ex parte motion for extension of time to complete discovery and extends the limited discovery cutoff to 10/22/10. The Court denies Plaintiffs' requests for sanctions. Signed by Magistrate Judge Bernard G. Skomal on 10/1/10. (All non-registered users served via U.S. Mail Service)(lmt) (cap).
October 1, 2010 Filing 82 CERTIFICATE OF SERVICE by Christopher E Grell re #80 Response in Opposition to Motion (Grell, Christopher) (lmt).
September 30, 2010 Filing 81 RESPONSE re #80 Response in Opposition to Motion, #79 Ex Parte MOTION for Extension of Time to Complete Discovery As To Grell Only filed by Christopher E Grell. (Attachments: #1 Proof of Service POS re Opposition to Ex Parte Motion)(Grell, Christopher) (lmt).
September 30, 2010 Filing 80 RESPONSE in Opposition re #79 Ex Parte MOTION for Extension of Time to Complete Discovery As To Grell Only filed by Christopher E Grell. (Grell, Christopher) (QC Mailer re cert of service)(lmt).
September 30, 2010 Filing 79 Ex Parte MOTION for Extension of Time to Complete Discovery As To Grell Only by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Lainie Cohen and Exhibits thereto, #3 Declaration of Kevan D. Kurt, #4 Proof of Service)(Cohen, Lainie) (lmt).
September 15, 2010 Opinion or Order Filing 78 ORDER granting #74 Motion to Substitute Attorney. Attorney Hugh Anthony McCabe; Michael Ira Neil; Dane Joseph Bitterlin and David P Hall terminated; granting #75 Motion to Substitute Attorney. Attorney Hugh Anthony McCabe; Michael Ira Neil; Dane Joseph Bitterlin and David P Hall terminated; granting #76 Motion to Substitute Attorney. Attorney Hugh Anthony McCabe; Michael Ira Neil; Dane Joseph Bitterlin and David P Hall terminated; granting #77 Motion to Substitute Attorney. Attorney Hugh Anthony McCabe; Michael Ira Neil; Dane Joseph Bitterlin and David P Hall terminated. Signed by Judge Janis L. Sammartino on 9/15/10. (lmt) (cap).
September 14, 2010 Filing 77 MOTION to Substitute Attorney by Medifast, Inc.. (Attachments: #1 Proof of Service)(Turek, Kenneth) (lmt).
September 14, 2010 Filing 76 MOTION to Substitute Attorney by Bradley MacDonald. (Attachments: #1 Proof of Service)(Turek, Kenneth) (lmt).
September 14, 2010 Filing 75 MOTION to Substitute Attorney by Medifast, Inc.. (Turek, Kenneth) (lmt).
September 14, 2010 Filing 74 MOTION to Substitute Attorney by Bradley MacDonald. (Turek, Kenneth) (lmt).
August 30, 2010 Opinion or Order Filing 73 ORDER finding as moot #64 Joint Motion for Determination of Discovery Dispute: The Court held a discovery conference on the matter on 8/30/10. The Court denies Plaintiffs' request for the Brooks emails as moot. The Court denies Plaintiffs' request for the Grell emails as moot.Signed by Magistrate Judge Bernard G. Skomal on 8/30/10. (lmt)(mam).
August 30, 2010 Filing 72 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Discovery Conference in re Joint Motion for Determination of Discovery Dispute (Doc. No. 64) held on 8/30/2010. Order to follow. (Plaintiff Attorney Robert Giacovas, Lainie Cohen). (Defendant Attorney Adam Garson). (alg)
August 27, 2010 Filing 71 RESPONSE in Support re #64 Joint MOTION for Discovery Dispute Determination filed by Bradley MacDonald, Medifast, Inc. (Attachments: #1 Proof of Service)(Cohen, Lainie) (lmt).
August 27, 2010 Filing 70 RESPONSE to Motion re #64 Joint MOTION for Discovery Dispute Determination [Supplemental Response] filed by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Weber, Robert) (lmt).
August 25, 2010 Opinion or Order Filing 69 Notice of Document Discrepancy and Order Thereon by Judge Janis L. Sammartino Rejecting Document: Objection from Miscellaneous Party Christopher E Grell. Non-compliance with local rule(s), OTHER: Improperly filed: objections under Fed. R. Civ. Proc. 45(c)(2)(B) are to be served on the party or attorney designated in the subpoena, not filed with the Court. Furthermore, if non-party Christopher Grell seeks to quash or modify the subpoenas at issue, such motion should be brought in the issuing court - the Northern District of California. See Fed. R. Civ. Proc. 45(c)(3). IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Janis L. Sammartino on 8/25/10.(lmt)
August 25, 2010 Opinion or Order Filing 68 ORDER granting #65 Joint Motion to Continue Hearing of Motion to Dismiss; Opposition to motion due 10/15/2010, Reply due 10/22/2010; the hearing on moving parties' motion to dismiss is cont to 11/12/2010 at 3:00pm in Courtroom 06 before Judge Janis L. Sammartino; if Moving Parties renewed anti-SLAPP motions cannot be heard on November 12, 2010, the parties may file further motions to continue the respective hearings so that Moving Parties motion to dismiss and renewed anti-SLAPP motions can be heard concurrently; Signed by Judge Janis L. Sammartino on 8/25/10. (kaj) (jrl).
August 25, 2010 Filing 67 DOCUMENT STRICKEN PER #69 ORDER - OBJECTION by Christopher E Grell (Grell, Christopher) Modified on 8/25/2010 to strike document (lmt).
August 24, 2010 Opinion or Order Filing 66 Scheduling ORDER in re: (1) Supplemental Responses to #64 Joint MOTION for Discovery Dispute Determination re Assertion of Attorney-Client Privilege & (2) setting telephonic discovery conference: the parties are to submit supplemental responses on or before 8/27/10. A telephonic, attorneys only Discovery Conference on the parties' joint motion shall be conducted on 8/30/10 at 2:30 p.m. before Magistrate Judge Skomal. Signed by Magistrate Judge Bernard G. Skomal on 8/24/10.(lmt) (jcj).
August 20, 2010 Filing 65 Joint MOTION to Continue Hearing of Motion to Dismiss by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Weber, Robert) (lmt).
August 20, 2010 Filing 64 Joint MOTION for Discovery Dispute Determination by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Declaration of Compliance, #2 Proof of Service)(Cohen, Lainie) (lmt).
August 13, 2010 Opinion or Order Filing 63 ORDER granting #56 Ex Parte Motion for Extension of Time to Complete Discovery: The Court extends the limited discovery cutoff to 10/4/10. Signed by Magistrate Judge Bernard G. Skomal on 8/13/10. (lmt) (cap).
August 13, 2010 Filing 62 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Case Management Conference held on 8/13/2010. Written Order to follow. (Plaintiff Attorney Lainie Cohen; Robert Giacovas). (Defendant Attorney Robert Weber; Christopher Grell; Steven Duvernay). (alg)(yeb).
August 10, 2010 Filing 61 CERTIFICATE OF SERVICE by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting re #59 Response to Motion re Plaintiffs' Ex Parte Motion for Extension of Time to Complete Discovery (Weber, Robert) (lmt).
August 9, 2010 Filing 60 RESPONSE to Motion re #56 Ex Parte MOTION for Extension of Time to Complete Discovery filed by Tracy Coenen, Sequence, Inc.. (Attachments: #1 Proof of Service)(Plaskin, Leah) (lmt).
August 9, 2010 Filing 59 RESPONSE to Motion re #56 Ex Parte MOTION for Extension of Time to Complete Discovery filed by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Weber, Robert) (lmt).
August 9, 2010 Filing 58 OBJECTION by Robert L. Fitzpatrick. (Attachments: #1 Declaration, #2 Proof of Service)(Grell, Christopher) (QC Mailer sent re: no s/) (lmt).
August 2, 2010 Opinion or Order Filing 57 Scheduling ORDER in re (1) Defendants' Responses to #56 Ex Parte MOTION for Extension of Time to Complete Discovery; (2) Revised Joint Discovery Plan; (3) Setting Telephonic Case Management Conference: Defendants' Responses to allegations are due by 8/9/2010. A revised joint discovery plan shall be lodged by 8/9/10. A telephonic, Case Management Conference is set for 8/13/2010 at 09:00 AM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 8/2/10.(lmt) (mam).
July 29, 2010 Filing 56 Ex Parte MOTION for Extension of Time to Complete Discovery by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service)(Cohen, Lainie) (lmt).
July 2, 2010 Opinion or Order Filing 55 ORDER granting #54 Joint Motion for leave to take deposition of Michael Lair. Signed by Magistrate Judge Bernard G. Skomal on 7/2/10. (lmt) (av1).
July 2, 2010 Filing 54 Joint MOTION to Take Deposition from Michael Lair a Witness in Prison by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Proof of Service)(Cohen, Lainie) (lmt).
June 1, 2010 Opinion or Order Filing 53 ORDER Continuing Hearing on #43 Motion to Dismiss: The Motion hearing is continued to 10/7/2010 at 1:30 PM. Plaintiffs shall file their opposition by 8/20/2010. Replies due 9/3/2010. Signed by Judge Janis L. Sammartino on 6/1/10. (All non-registered users served via U.S. Mail Service)(mkz) (kaj).
June 1, 2010 Opinion or Order Filing 52 ORDER Regarding Limited Discovery: The parties are ordered to meet and confer, and file a joint motion for a protective order, if one is needed, within two weeks of the date of this Order. Signed by Magistrate Judge Bernard G. Skomal on 6/1/2010.(All non-registered users served via U.S. Mail Service)(mkz) (kaj).
May 28, 2010 Filing 51 Joint MOTION to Continue Hearing of Motion to Dismiss by Medifast, Inc.. (Attachments: #1 Proof of Service)(McCabe, Hugh) (mkz).
May 19, 2010 Opinion or Order Filing 50 Notice of Document Discrepancy and Order Thereon by Magistrate Judge Bernard G. Skomal Rejecting Document: #49 Notice of Joint Discovery Plan from Plaintiffs Bradley MacDonald, Medifast, Inc.. Non-compliance with local rule(s), OTHER: Document was to be lodged with chambers, not e-filed, as per doc. #47 . IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Magistrate Judge Bernard G. Skomal on 5/19/2010.(All non-registered users served via U.S. Mail Service)(mkz)
May 19, 2010 Filing 49 DOCUMENT STRICKEN: NOTICE by Bradley MacDonald, Medifast, Inc. re #47 Order, Joint Discovery Plan (Attachments: # 1 Proof of Service)(Cohen, Lainie) (mkz). Modified on 5/20/2010 to strike per #50 Order (mkz).
May 7, 2010 Opinion or Order Filing 48 ORDER Setting Briefing Schedule: The Court set a hearing date of June 3, 2010 for Defendants Barry Minkow, Fraud Discovery Institute, Inc., William Lobdell, and iBusiness Reporting's #43 motion to dismiss. Any opposition is due by May 21, 2010, and any reply is due by May 28, 2010. Signed by Judge Janis L. Sammartino on 5/7/10.(All non-registered users served via U.S. Mail Service)(pdc)(jrl).
May 7, 2010 Opinion or Order Filing 47 ORDER Regarding Limited Discovery: A joint discovery plan addressing the limited discovery shall be lodged with Magistrate Judge Skomal on or before May 19, 2010. Signed by Magistrate Judge Bernard G. Skomal on 5/7/10.(All non-registered users served via U.S. Mail Service)(pdc) (jrl).
May 6, 2010 Opinion or Order Filing 46 ORDER Granting Plaintiffs' #31 Ex Parte Motion Seeking Relief from the Court's Scheduling Orders, Denying without Prejudice Defendants' #7 , #12 , #19 , #44 Special Motions to Strike, and Denying Plaintiffs' #42 Motion for Leave to File Reply Brief: The Court grants the parties 90 days in which to conduct discovery limited to the issues listed in this Order. The special motions to strike may be refiled after the period for discovery has expired. Signed by Judge Janis L. Sammartino on 5/6/10. (All non-registered users served via U.S. Mail Service)(mkz) (jrl).
May 6, 2010 Filing 45 OBJECTION by Robert L. Fitzpatrick re #42 Ex Parte MOTION for Leave to File a Reply Brief. (Attachments: #1 Proof of Service POS re Opposition to Ex Parte Motion)(Grell, Christopher) (cap).
May 6, 2010 Minute Entry: The hearing on the #43 Motion to Dismiss and #44 Motion to Strike is reset for 7/1/2010 at 01:30 PM in Courtroom 06 before Judge Janis L. Sammartino.(mkz)
May 4, 2010 Filing 44 MOTION to Strike #11 Amended Complaint, [Special Anti-SLAPP Motion] by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Attachments: #1 Memo of Points and Authorities in Support of Special Anti-SLAPP Motion to Strike Plaintiffs' Amended Complaint, #2 Declaration of Barry Minkow in Support of Special Anti-SLAPP Motion to Strike Plaintiffs' First Amended Complaint)(Weber, Robert) (mkz).
May 4, 2010 Filing 43 MOTION to Dismiss Pursuant to FRCP 12(B)(6) by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Dismiss (FRCP 12(B)(6))(Weber, Robert) (mkz).
May 4, 2010 Filing 42 Ex Parte MOTION for Leave to File a Reply Brief by Medifast, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Neil, Michael) (mkz).
May 3, 2010 Opinion or Order Filing 41 Notice of Document Discrepancy and Order Thereon by Judge Janis L. Sammartino Rejecting Document: #38 and #39 Amended Documents from Plaintiffs Bradley MacDonald, Medifast, Inc. Non-compliance with local rule(s), OTHER: Reply brief not permitted or solicited by Court. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Janis L. Sammartino on 5/3/10.(All non-registered users served via U.S. Mail Service)(mkz)
May 3, 2010 Opinion or Order Filing 40 Notice of Document Discrepancy and Order Thereon by Judge Janis L. Sammartino Rejecting Document: #37 Reply to Response to Motion from Plaintiffs Bradley MacDonald, Medifast, Inc. Non-compliance with local rule(s), OTHER: Reply brief not permitted or solicited by Court. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Janis L. Sammartino on 5/3/10.(All non-registered users served via U.S. Mail Service)(mkz)
May 3, 2010 Filing 39 STRICKEN DOCUMENT: AMENDED DOCUMENT by Medifast, Inc.. Amendment to #37 Reply to Response to Motion, Exhibits E-F. (Attachments: # 1 Proof of Service)(McCabe, Hugh) Modified on 5/3/2010 to strike per #41 Order (mkz).
May 3, 2010 Filing 38 STRICKEN DOCUMENT: AMENDED DOCUMENT by Medifast, Inc.. Amendment to #37 Reply to Response to Motion, Exhibits A-D. (Attachments: # 1 Proof of Service)(McCabe, Hugh) Modified on 5/3/2010 to strike per #41 Order(mkz).
May 3, 2010 Filing 37 STRICKEN DOCUMENT: REPLY to Response to Motion re #31 Ex Parte MOTION to Continue Scheduling Order Dates on Motions to Strike filed by Bradley MacDonald, Medifast, Inc.. (Attachments: # 1 Declaration McCabe Declaration, # 2 Declaration Giacovas Declaration, # 3 Exhibit Exhibit a-d to Giacovas Declaration, # 4 Exhibit Exhibit E-F to Giacovas Declaration, # 5 Proof of Service)(Cohen, Lainie) Modified on 5/3/2010 to strike per #40 Order(mkz).
April 30, 2010 Filing 36 RESPONSE in Opposition re #31 Ex Parte MOTION to Continue Scheduling Order Dates on Motions to Strike filed by Robert L. Fitzpatrick. (Attachments: #1 Affidavit of Christopher E. Grell in Opposition to Plaintiffs' Ex Parte Motion, #2 Certificate of Service)(Grell, Christopher) (mkz).
April 30, 2010 Filing 34 RESPONSE in Opposition re #31 Ex Parte MOTION to Continue Scheduling Order Dates on Motions to Strike filed by Tracy Coenen, Sequence, Inc.. (Attachments: #1 Proof of Service)(Plaskin, Leah) (mkz).
April 30, 2010 Opinion or Order Filing 33 ORDER: Staying Briefing Schedule: The briefing schedule previously set by the Court for Defendants Coenen and Sequence, Inc.'s anti-SLAPP motion is hereby vacated. The Court will reset the briefing schedule when it rules on Plaintiff's motion. Signed by Judge Janis L. Sammartino on 4/30/2010.(leh) (jrl).
April 29, 2010 Filing 32 CERTIFICATE OF SERVICE by Medifast, Inc. re #29 Notice of Appearance of Hugh A. McCabe (McCabe, Hugh) (mkz).
April 28, 2010 Opinion or Order Filing 35 Transfer ORDER: Magistrate Judge Nita L. Stormes is no longer assigned to case and Magistrate Judge Bernard G. Skomal is now assigned to the case. The new case number is 10cv382JLS(BGS). Signed by Magistrate Judge Nita L. Stormes on 4/28/10.(All non-registered users served via U.S. Mail Service)(av1)
April 28, 2010 Filing 31 Ex Parte MOTION to Continue Scheduling Order Dates on Motions to Strike by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(McCabe, Hugh) (mkz).
April 28, 2010 Filing 30 NOTICE of Appearance by Dane Joseph Bitterlin on behalf of Bradley MacDonald, Medifast, Inc. (Attachments: #1 Proof of Service)(Bitterlin, Dane) (mkz).
April 28, 2010 Filing 29 NOTICE of Appearance by Hugh Anthony McCabe on behalf of Bradley MacDonald, Medifast, Inc. (Attachments: #1 Proof of Service)(McCabe, Hugh) Modified on 4/29/2010, atty contacted re pos (mkz).
April 28, 2010 Filing 28 NOTICE of Table of Contents re #19 MOTION to Strike Plaintiff's Complaint by Robert L. Fitzpatrick. (Attachments: #1 Appendix Table of Contents and Table of Authorities)(Grell, Christopher) Modified on 4/29/2010 to term motion, edit event (mkz).
April 28, 2010 Opinion or Order Filing 27 Notice of Document Discrepancy and Order Thereon by Judge Janis L. Sammartino Rejecting Document: #26 Joint Motion for Extension of Time to File Answer from Plaintiffs Bradley MacDonald, Medifast, Inc. Non-compliance with local rule(s), ECF 2(f): Lacking proper signature. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Janis L. Sammartino on 4/28/10.(All non-registered users served via U.S. Mail Service)(mkz)
April 27, 2010 Filing 26 DOCUMENT STRICKEN: Joint MOTION for Extension of Time to File Answer for Defendants Barry Minkow, Fraud Discovery Institute, Inc. and Robert Fitzpatrick by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Proof of Service)(Hall, David) Modified on 4/28/2010 to strike per #27 Order (mkz).
April 27, 2010 Filing 25 NOTICE of Exhibits in Support of #20 Affidavit of Christopher Grell by Robert L. Fitzpatrick. (Attachments: #1 Exhibit X-AA, #2 Exhibit BB-EE, #3 Exhibit FF-II, #4 Proof of Service Certificate of Service)(Grell, Christopher) Modified on 4/28/2010 (mkz).
April 27, 2010 Filing 24 NOTICE of Exhibits in Support of #20 Affidavit of Christopher Grellby Robert L. Fitzpatrick. (Attachments: #1 Exhibit M-R, #2 Exhibit S-W)(Grell, Christopher) Modified on 4/28/2010 (mkz).
April 27, 2010 Filing 23 NOTICE of Exhibits in Support of #20 Affidavit of Christopher Grell, by Robert L. Fitzpatrick. (Attachments: #1 Exhibit C-G, #2 Exhibit H-L)(Grell, Christopher) Modified on 4/28/2010 to term motion, atty contacted (mkz).
April 27, 2010 Opinion or Order Filing 22 ORDER of Recusal: A telephonic Status conference was held on 4/27/10. Magistrate Judge William McCurine, Jr is no longer assigned to case and Magistrate Judge Nita L. Stormes is now assigned to the case. The new case number is 10cv382 JLS (NLS). Signed by Magistrate Judge William McCurine, Jr on 4/27/10.(All non-registered users served via U.S. Mail Service)(mkz) (jrl).
April 27, 2010 Opinion or Order Filing 21 ORDER Setting Briefing Schedule: The Court set a hearing date of 7/1/10 for Defendant Robert L. Fitzpatrick's #19 special motion to strike the first amended complaint. Responses due by 5/14/2010, Replies due by 5/21/2010. Signed by Judge Janis L. Sammartino on 4/27/10.(All non-registered users served via U.S. Mail Service)(mkz) (jrl).
April 27, 2010 Filing 20 AFFIDAVIT of Christopher E. Grell in Support of #19 MOTION to Strike Plaintiff's Complaint by Robert L. Fitzpatrick. (Attachments: #1 Exhibit A, #2 Exhibit 1-4)(Grell, Christopher) Modified on 4/27/2010 to edit event, term motion (mkz).
April 27, 2010 Filing 19 MOTION to Strike Plaintiff's Complaint by Robert L. Fitzpatrick. (Attachments: #1 Memo of Points and Authorities Special Motion to Strike)(Grell, Christopher) Modified on 4/27/2010 to edit text (mkz).
April 22, 2010 Filing 18 ANSWER to #11 Amended Complaint, by Sequence, Inc., Tracy Coenen. (Attachments: #1 Proof of Service)(Plaskin, Leah)(mkz).
April 21, 2010 Filing 17 Summons Issued on First Amended Complaint as to Tracy Coenen, Robert L. Fitzpatrick, Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, Sequence, Inc., Thomas Ziemann, iBuisness Reporting. (mkz)
April 21, 2010 Opinion or Order Filing 16 ORDER Scheduling Telephonic Status Conference: A telephonic Settlement Disposition Conference will be held on 4/27/2010 at 03:00 PM before Magistrate Judge William McCurine Jr.. Signed by Magistrate Judge William McCurine, Jr on 4/21/10.(All non-registered users served via U.S. Mail Service)(mkz) (jrl).
April 20, 2010 Opinion or Order Filing 15 Notice and Order for Telephonic Early Neutral Evaluation Conference: A telephonic ENE will be held on 5/5/2010 at 04:30 PM before Magistrate Judge William McCurine Jr. Signed by Magistrate Judge William McCurine, Jr on 4/20/10.(All non-registered users served via U.S. Mail Service)(mkz) (jrl).
April 19, 2010 Opinion or Order Filing 14 ORDER Setting Briefing Schedule: The Court set a hearing date of 6/3/10 for Defendant's #12 Special Motion to Strike. Responses due by 5/3/2010, Replies due by 5/10/2010. Signed by Judge Janis L. Sammartino on 4/16/10.(All non-registered users served via U.S. Mail Service)(mkz) (jrl).
April 16, 2010 Filing 13 NOTICE Regarding Exhibit Attachment by Tracy Coenen, Sequence, Inc. re #12 MOTION to Strike #11 Amended Complaint, MOTION to Strike #11 Amended Complaint, (Attachments: #1 Exhibits A - E, #2 Exhibits F - I, #3 Exhibits J - N, #4 Exhibits O - S, #5 Exhibits T - X, #6 Exhibit Y (Pages 1 - 82), #7 Exhibit Y (Pages 83 - 164), #8 Exhibit Y (Pages 165 - 246), #9 Exhibit Z (Pages 1 - 128), #10 Exhibit Z (Pages 129 - 255), #11 Exhibit AA)(Plaskin, Leah) (mkz).
April 16, 2010 Filing 12 MOTION to Strike #11 Amended Complaint, by Tracy Coenen, Sequence, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Dec of Tracy Coenen, #3 Dec of Leah A. Plaskin, #4 Dec of Stephen M. Duvernay, Esq., #5 Proof of Service)(Plaskin, Leah) (mkz).
April 12, 2010 Filing 11 AMENDED COMPLAINT with Jury Demand against Tracy Coenen, Robert L. Fitzpatrick, Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, Sequence, Inc., Zeeyourself, iBuisness Reporting, filed by Bradley MacDonald, Medifast, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibits 2-10, #3 Exhibits 11-18, #4 Exhibits 19-24, #5 Exhibits 25-28, #6 Exhibit 29, #7 Exhibits 30-31, #8 Proof of Service)(Cohen, Lainie) Modified on 4/13/2010, atty contacted re correct filer (mkz).
April 12, 2010 Filing 10 NOTICE of Motion re #7 Motion to Strike Tracy Coenen, Sequence, Inc. (Attachments: #1 Proof of Service)(Plaskin, Leah) Modified on 4/13/2010 to edit text (mkz).
April 12, 2010 Opinion or Order Filing 9 ORDER Setting Briefing Schedule: The Court set a hearing date of 6/3/10 for Defendant's #7 special motion to strike. Responses due by 4/30/2010, Replies due by 5/7/2010. Signed by Judge Janis L. Sammartino on 4/12/10.(All non-registered users served via U.S. Mail Service)(mkz) (jrl).
April 12, 2010 Filing 8 NOTICE Regarding Exhibit Attachment by Tracy Coenen, Sequence, Inc. re #7 MOTION to Strike Plaintiffs' Complaint (Attachments: #1 Exhibit Exhibits A thru E, #2 Exhibit F thru I, #3 Exhibit J thru N, #4 Exhibit O thru S, #5 Exhibit T thru X, #6 Exhibit Y (Pgs 1-82), #7 Exhibit Y (Pgs 83-164), #8 Exhibit Y (Pgs 165-246))(Plaskin, Leah) (mkz).
April 12, 2010 Filing 7 MOTION to Strike Plaintiffs' Complaint by Tracy Coenen, Sequence, Inc.. (Attachments: #1 Declaration of Tracy Coenen, #2 Declaration of Leah A. Plaskin, #3 Declaration of Stephen M. Duvernay, #4 Proof of Service)(Plaskin, Leah) (mkz).
March 22, 2010 Filing 6 ANSWER to #1 Complaint, with Jury Demand by Tracy Coenen, Sequence, Inc.. (Attachments: #1 Proof of Service)(Rosing, Heather) (mkz).
March 1, 2010 Filing 5 PRO HAC VICE APPOINTED: Robert A. Giacovas appearing for Plaintiffs Bradley MacDonald, Medifast, Inc. (All non-registered users served via U.S. Mail Service)(mkz)
February 22, 2010 Filing 4 NOTICE of Appearance by Michael Ira Neil on behalf of Medifast, Inc. (Neil, Michael) (mkz).
February 22, 2010 Filing 3 NOTICE of Appearance by David P Hall on behalf of Bradley MacDonald, Medifast, Inc. (Hall, David) (mkz).
February 17, 2010 Filing 2 Summons Issued as to Tracy Coenen, Robert L. Fitzpatrick, Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, Sequence, Inc., Zeeyourself, iBuisness Reporting. (mkz)
February 17, 2010 Filing 1 COMPLAINT with Jury Demand against Tracy Coenen, Robert L. Fitzpatrick, Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, Sequence, Inc., Zeeyourself, iBuisness Reporting ( Filing fee $ 350 receipt number 10313). Filed by Bradley MacDonald, Medifast, Inc. (Attachments: #1 Complaint Part 2)(sjt)(mam).
February 17, 2010 Filing 1 COMPLAINT with Jury Demand against Tracy Coenen, Robert L. Fitzpatrick, Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, Sequence, Inc., Zeeyourself, iBuisness Reporting ( Filing fee $ 350 receipt number 10313). Filed by Bradley MacDonald, Medifast, Inc. (Attachments: # 1 Complaint Part 2)(sjt)(mam).

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Search for this case: Medifast, Inc. et al v. Minkow et al
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Defendant: Thomas Ziemann
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Defendant: Tracy Coenen
Represented By: Stephen M. Duvernay
Represented By: Heather Rosing
Represented By: Leah Plaskin Lorenz
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Defendant: iBuisness Reporting
Represented By: Stacy Heather Rubin
Represented By: John H. Stephens
Represented By: Robert David Weber
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Defendant: Zeeyourself
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Defendant: Fraud Discovery Institute, Inc.
Represented By: Stacy Heather Rubin
Represented By: John H. Stephens
Represented By: Robert David Weber
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Defendant: Sequence, Inc.
Represented By: Stephen M. Duvernay
Represented By: Heather Rosing
Represented By: Leah Plaskin Lorenz
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Defendant: William Lobdell
Represented By: Stacy Heather Rubin
Represented By: John H. Stephens
Represented By: Robert David Weber
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Defendant: Barry Minkow
Represented By: Stacy Heather Rubin
Represented By: John H. Stephens
Represented By: Robert David Weber
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Defendant: Robert L. Fitzpatrick
Represented By: Christopher E Grell
Represented By: Stacy Heather Rubin
Represented By: John H. Stephens
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Not classified by court: Attorney Christopher E Grell
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Plaintiff: Bradley MacDonald
Represented By: David J Semelsberger
Represented By: Michael Ira Neil
Represented By: Hugh Anthony McCabe
Represented By: Robert A. Giacovas
Represented By: Lainie E. Cohen
Represented By: George H Kaelin
Represented By: Kenneth Casper Turek
Represented By: David P Hall
Represented By: Dane Joseph Bitterlin
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Plaintiff: Medifast, Inc.
Represented By: David J Semelsberger
Represented By: Michael Ira Neil
Represented By: Hugh Anthony McCabe
Represented By: Robert A. Giacovas
Represented By: Lainie E. Cohen
Represented By: George H Kaelin
Represented By: Kenneth Casper Turek
Represented By: David P Hall
Represented By: Dane Joseph Bitterlin
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