Cartessa Aesthetics LLC v. Aesthetics Biomedical Incorporated
| Cartessa Aesthetics LLC |
| Aesthetics Biomedical Incorporated |
| Financial Partners Leasing Corporation |
| 2:2019cv05827 |
| December 16, 2019 |
| US District Court for the District of Arizona |
| Dominic W Lanza |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on June 7, 2021. A more recent docket listing may be available from PACER.
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| Filing 124 NOTICE of Deposition of ROBERT NOBLE, filed by Aesthetics Biomedical Incorporated. (Pywowarczuk, Kristina) |
| Filing 123 Second AMENDED NOTICE of Deposition of Jonathan Banks, filed by Aesthetics Biomedical Incorporated. (Pywowarczuk, Kristina) |
| Filing 122 Second AMENDED NOTICE of Deposition of Gabe Lubin, filed by Aesthetics Biomedical Incorporated. (Pywowarczuk, Kristina) |
| Filing 121 Second AMENDED NOTICE of Deposition of AJ Storrs, filed by Aesthetics Biomedical Incorporated. (Pywowarczuk, Kristina) |
Filing 120
ORDER: IT IS ORDERED that the parties' joint motion (Doc. #119 ) is granted. All unexpired deadlines in the scheduling order are extended by 30 days. Ordered by Judge Dominic W Lanza on 5/26/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 119 STIPULATION Motion to Continue Deadlines by Aesthetics Biomedical Incorporated. (Attachments: #1 Text of Proposed Order Order)(Pywowarczuk, Kristina) |
| Filing 118 AMENDED NOTICE of Deposition of AJ Storrs, filed by Aesthetics Biomedical Incorporated. (Pywowarczuk, Kristina) |
| Filing 117 AMENDED NOTICE of Deposition of Gabe Lubin, filed by Aesthetics Biomedical Incorporated. (Pywowarczuk, Kristina) |
| Filing 116 AMENDED NOTICE of Deposition of Jonathan Banks, filed by Aesthetics Biomedical Incorporated. (Pywowarczuk, Kristina) |
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Filing 115
ORDER: IT IS ORDERED that the parties' joint motion (Doc. #114 ) is granted. All unexpired deadlines in the scheduling order are extended by 45 days. Ordered by Judge Dominic W Lanza on 3/31/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 114 Joint MOTION for Extension of Time to Modify the Scheduling Order by Cartessa Aesthetics LLC. (Attachments: #1 Text of Proposed Order)(Keyko, David) |
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Filing 113
ORDER: IT IS ORDERED that Cartessa's motion to compel (Doc. #105 ) is granted. ABM must produce the requested records within 14 days of the issuance of this order [see attached Order for details]. Signed by Judge Dominic W Lanza on 3/5/21. (MAW)
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Filing 112
ORDER: IT IS ORDERED that Cartessa's motion to dismiss and/or strike (Doc. #89 ) is denied [see attached Order for details]. Signed by Judge Dominic W Lanza on 3/1/21. (MAW)
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| Filing 111 REPLY to Response to Motion re: #105 MOTION to Compel Disclosure of Financial Records filed by Cartessa Aesthetics LLC. (Attachments: #1 DECLARATION OF DAVID G. KEYKO)(Keyko, David) |
| Filing 110 RESPONSE to Motion re: #105 MOTION to Compel Disclosure of Financial Records filed by Aesthetics Biomedical Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pywowarczuk, Kristina) |
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Filing 109
ORDER: IT IS ORDERED that ABM's unopposed motion to extend deadline (Doc. #18 ) is granted. The deadline for ABM to respond to Cartessa's Motion to Compel is extended to February 19, 2021. The reply deadline is extended accordingly. Ordered by Judge Dominic W Lanza on 2/17/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 108 MOTION for Extension of Time to File Response/Reply as to #105 MOTION to Compel Disclosure of Financial Records by Aesthetics Biomedical Incorporated. (Attachments: #1 Text of Proposed Order Order)(Pywowarczuk, Kristina) |
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Filing 107
ORDER: IT IS ORDERED that the unopposed motion to extend the deadlines (Doc. #106 ) is granted. The unexpired deadlines in the scheduling order (Docs. #46 , 69 ) are extended by 46 days. Ordered by Judge Dominic W Lanza on 2/12/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 106 MOTION for Discovery to Continue With Consent, MOTION for Extension of Time to Complete Discovery by Aesthetics Biomedical Incorporated. (Attachments: #1 Text of Proposed Order)(Pywowarczuk, Kristina) |
| Filing 105 MOTION to Compel Disclosure of Financial Records by Cartessa Aesthetics LLC. (Attachments: #1 Certification of Compliance, #2 Declaration of David G. Keyko, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12)(Keyko, David) |
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Filing 104
ORDER: The Court has reviewed Plaintiff's recent letter (Doc. #103 ). To the extent the letter is intended to serve as a motion to compel, it does not conform to the requirements of LRCiv 7.1. To the extent the letter is intended to serve as a notice of discovery dispute, it does not comply with the Case Management Order (Doc. #46 ) it is both overlong and not a joint submission. Accordingly, IT IS ORDERED that the letter (Doc. #103 ) is struck. Plaintiff may resubmit a request for relief in suitable form. Ordered by Judge Dominic W Lanza on 1/29/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 103 **STRICKEN by Doc. 104** NOTICE re: / Letter to Judge Lanza to respectfully renew Cartessas request that Defendant Aesthetics Biomedical Inc. be compelled to produce previously requested financial records by Cartessa Aesthetics LLC . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Keyko, David) Modified on 1/29/2021 (MAW). |
| Filing 102 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY DISPUTE proceedings held on 09/30/2020, before Judge DOMINIC W. LANZA. [Court Reporter: Candy L. Potter, RMR, CRR, Telephone number (602) 322-7246]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/17/2021. Redacted Transcript Deadline set for 3/1/2021. Release of Transcript Restriction set for 4/27/2021. (RAP) |
| Filing 101 TRANSCRIPT REQUEST by Cartessa Aesthetics LLC for proceedings held on September 30, 2020, Judge Dominic W Lanza hearing judge(s). (Keyko, David) |
| Remark: Pro hac vice motion(s) granted for Chris Fennell on behalf of Counter Defendant Cartessa Aesthetics LLC, Plaintiff Cartessa Aesthetics LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 100 REPLY to Response to Motion re: #89 MOTION to Dismiss Counts/Claims : Fourth, Eighth, Ninth, and Tenth Counterclaims, and portions of the First, Fifth, and Sixth asserted by Defendant Aesthetic Biomedical, Inc (ABM) filed by Cartessa Aesthetics LLC. (Attachments: #1 Certification of Consultation)(Keyko, David) |
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Filing 99
ORDER: IT IS ORDERED that ABM's expedited motion to amend the scheduling order (Doc. #90 ) is granted. All non-expired deadlines in the scheduling order are extended by 90 days. IT IS FURTHER ORDERED that Cartessa's request for permission to conduct 16 depositions (Doc. #96 ) and ABM's request for permission to conduct 16 depositions (Doc. #98 ) are granted [see attached Order for details]. Signed by Judge Dominic W Lanza on 11/13/20. (MAW)
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| Filing 98 REPLY to Response to Motion re: #90 Second MOTION for Extension of Time to Complete Discovery to Amend Scheduling OrderFirst MOTION to Expedite Ruling on Motion filed by Aesthetics Biomedical Incorporated. (Pywowarczuk, Kristina) |
| Filing 97 RESPONSE in Opposition re: #89 MOTION to Dismiss Counts/Claims : Fourth, Eighth, Ninth, and Tenth Counterclaims, and portions of the First, Fifth, and Sixth asserted by Defendant Aesthetic Biomedical, Inc (ABM) filed by Aesthetics Biomedical Incorporated. (Pywowarczuk, Kristina) |
| Filing 96 RESPONSE in Opposition re: #90 Second MOTION for Extension of Time to Complete Discovery to Amend Scheduling OrderFirst MOTION to Expedite Ruling on Motion filed by Cartessa Aesthetics LLC. (Attachments: #1 Declaration of David G. Keyko, #2 Exhibit 1)(Keyko, David) |
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Filing 95
ORDER: IT IS ORDERED that: (1) ABM's motion (Doc. #92 ) is denied. (2) Cartessa must, by November 6, 2020, issue a subpoena to Ms. Morris [see attached Order for details]. Signed by Judge Dominic W Lanza on 11/5/20. (MAW)
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| Filing 94 NOTICE re: Filing of Exhibit 6 to Declaration of David G. Keyko in Support of Opposition to Motion for Protective Order by Cartessa Aesthetics LLC re: #93 Response in Opposition to Motion . (Keyko, David) |
| Filing 93 RESPONSE in Opposition re: #92 First MOTION to Expedite Motion for Protective Order MOTION for Protective Order filed by Cartessa Aesthetics LLC. (Attachments: #1 Declaration of David G. Keyko, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Keyko, David) |
| Filing 92 First MOTION to Expedite Motion for Protective Order , MOTION for Protective Order by Aesthetics Biomedical Incorporated. (Attachments: #1 Text of Proposed Order Order)(Pywowarczuk, Kristina) |
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Filing 91
ORDER: IT IS ORDERED that Cartessa shall file a response to ABM's motion for extension of deadlines (Doc. #90 ) by November 6, 2020. ABM shall file a reply by November 11, 2020. Ordered by Judge Dominic W Lanza on 10/30/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 90 Second MOTION for Extension of Time to Complete Discovery to Amend Scheduling Order, First MOTION to Expedite Ruling on Motion by Aesthetics Biomedical Incorporated. (Attachments: #1 Text of Proposed Order Order)(Pywowarczuk, Kristina) |
| Remark: Pro hac vice motion(s) granted for Melissa Shannon Pettit on behalf of Counter Defendant Cartessa Aesthetics LLC, Plaintiff Cartessa Aesthetics LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 89 MOTION to Dismiss Counts/Claims : Fourth, Eighth, Ninth, and Tenth Counterclaims, and portions of the First, Fifth, and Sixth asserted by Defendant Aesthetic Biomedical, Inc (ABM) by Cartessa Aesthetics LLC. (Attachments: #1 Declaration of David G. Keyko, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Keyko, David) |
| Filing 88 First AMENDED COUNTERCLAIM and Answer to Second Amended Complaint re: #20 Answer to Complaint, Third Party Complaint, Counterclaim filed by Aesthetics Biomedical Incorporated, #86 Amended Counterclaim filed by Aesthetics Biomedical Incorporated against Cartessa Aesthetics LLC filed by Aesthetics Biomedical Incorporated. Related document: #20 Answer to Complaint, Third Party Complaint, Counterclaim filed by Aesthetics Biomedical Incorporated, #86 Amended Counterclaim filed by Aesthetics Biomedical Incorporated.(Pywowarczuk, Kristina) |
| Filing 87 NOTICE TO FILER OF DEFICIENCY re: #86 Amended Counterclaim filed by Aesthetics Biomedical Incorporated. Document is a strike-out version of the First Amended Counterclaim and Answer to Second Amended Complaint. FOLLOW-UP ACTION REQUIRED: Please refile a clean copy of the document, without strike-outs. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LAD) |
| Filing 86 * First AMENDED COUNTERCLAIM and Answer to Second Amended Complaint re: #20 Answer to Complaint, Third Party Complaint, Counterclaim filed by Aesthetics Biomedical Incorporated against Cartessa Aesthetics LLC filed by Aesthetics Biomedical Incorporated. Related document: #20 Answer to Complaint, Third Party Complaint, Counterclaim filed by Aesthetics Biomedical Incorporated.(Pywowarczuk, Kristina) * Modified to indicate strike out copy filed, attorney noticed on 10/15/2020 (LAD). |
| Filing 85 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Aesthetics Biomedical Incorporated Amended Counterclaim. (Attachments: #1 Exhibit Exhibit A)(Pywowarczuk, Kristina) |
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Filing 84
ORDER: On September 24, 2020, the parties filed a joint notice of discovery dispute. (Doc. #72 .) On September 30, 2020, the Court heard oral argument. Having consider the parties' arguments and conducted additional research, the Court rules as follows [see attached Order for details]. Signed by Judge Dominic W Lanza on 10/1/20. (MAW)
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| Filing 83 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Discovery Dispute Hearing held on 9/30/2020 re: parties' letter regarding discovery disputes (Doc. #72 ). Discussion held. Regarding the documents responsive to the Rule 45 subpoenas issued by Defendant to Plaintiff's customers, Defense counsel advises the Court she has received documents from 12 subpoenas and will produce the documents to Plaintiff's counsel. At the Court's direction, Defense counsel will produce to Plaintiff's counsel on a rolling basis any further documents within a week of receiving them. The Court takes under consideration Plaintiff's request for a protective order. Regarding Plaintiff's request for production of the complete financial database from February 2017 through February 2020, IT IS ORDERED denying Plaintiff's Motion to Compel without prejudice. If, after review, Plaintiff's counsel remains dissatisfied with the production of the subpoenaed documents, Plaintiff's counsel may request another discovery dispute hearing. APPEARANCES: David Keyko, Bryan Murphy and Hinako Gojima (all appearing telephonically) for Plaintiff. Kristina Pywowarczuk (appearing telephonically) for Defendant. (Court Reporter Candy Potter) Hearing held 3:02 PM to 4:08 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
| Filing 82 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Second Supplemental filed by Counter Claimant Aesthetics Biomedical Incorporated, Defendant Aesthetics Biomedical Incorporated. (Pywowarczuk, Kristina) |
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Filing 81
ORDER: IT IS ORDERED setting Telephonic Hearing on 9/30/2020 at 03:00 PM regarding the parties' joint discovery dispute (Doc. #72 ). Counsel are directed to call (866) 390-1828; Access code: 9667260. Counsel are advised that speaker phones are not permitted. Ordered by Judge Dominic W Lanza on 9/28/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 80 AMENDED COMPLAINT / Second Amended Complaint against Aesthetics Biomedical Incorporated filed by Cartessa Aesthetics LLC. (Attachments: #1 Exhibit 1 - 3, #2 Exhibit 4 - 12, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 15, #6 Exhibit 16, #7 Exhibit 17, #8 Exhibit 18, #9 Exhibit 19, #10 Exhibit 20, #11 Exhibit 21, #12 Exhibit 22, #13 Exhibit 23)(Keyko, David) |
| Filing 79 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Cartessa Aesthetics LLC . (Attachments: #1 Exhibit A - Redline Second Amended Complaint)(Keyko, David) |
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Filing 78
ORDER: Plaintiff has not complied with the procedural requirements of Local Rule 15.1. Accordingly, IT IS ORDERED that the amended complaint (Doc. #76 ) is struck. Plaintiff is directed to follow the procedures outlined in LRCiv 15.1. Ordered by Judge Dominic W Lanza on 9/28/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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Filing 77
PROTECTIVE ORDER [see attached Order for details]. Signed by Judge Dominic W Lanza on 9/25/20. (MAW)
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| Filing 76 *STRICKEN by Doc. 78 * AMENDED COMPLAINT against Aesthetics Biomedical Incorporated filed by Cartessa Aesthetics LLC. (Attachments: #1 Exhibit 1-3, #2 Exhibit 4-12, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 15, #6 Exhibit 16, #7 Exhibit 17, #8 Exhibit 18, #9 Exhibit 19, #10 Exhibit 20, #11 Exhibit 21, #12 Exhibit 22, #13 Exhibit 23)(Keyko, David) Modified on 9/28/2020 (MAW). |
| Filing 75 STIPULATION for Entry of Protective Order by Cartessa Aesthetics LLC. (Attachments: #1 Text of Proposed Order)(Keyko, David) |
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Filing 74
ORDER: IT IS ORDERED that Plaintiff's stipulation for leave to file amended pleadings (Doc. #73 ) is denied as moot because, pursuant to LRCiv 15.1(b), leave of Court is not needed when filing an amended pleading with the opposing party's written consent. Ordered by Judge Dominic W Lanza on 9/24/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 73 STIPULATION to Allow Amendments to Pleadings by Cartessa Aesthetics LLC. (Attachments: #1 Text of Proposed Order)(Keyko, David) |
| Filing 72 NOTICE re: / Letter to Judge Lanza regarding Discovery by Cartessa Aesthetics LLC . (Attachments: #1 Exhibit A - B)(Keyko, David) |
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Filing 71
ORDER: IT IS ORDERED that the parties' stipulation (Doc. #70 ) is granted. Financial Partner Leasing Corporation ("FPL") is awarded its fees in costs in the amount of $1,000. Aesthetics Biomedical, Inc. ("ABM") shall pay $1,000 to FPL, or to FPL's counsel on FPL's behalf, by September 11, 2020. ABM and FPL shall bear all remaining fees and costs incurred in this matter. Ordered by Judge Dominic W Lanza on 8/28/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 70 Joint MOTION for Attorney Fees and Costs Award by Financial Partners Leasing Corporation. (Attachments: #1 Text of Proposed Order)(Sreecharana, Devin) |
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Filing 69
ORDER: The Court has reviewed the parties' joint status report (Doc. #67 ). IT IS ORDERED that the stay is lifted and the scheduling order (Doc. #46 ) is amended as follows: The deadline for final supplementation of MIDP responses and the completion of fact discovery, except for depositions, is extended to September 30, 2020. The deadline for the completion of depositions is extended to December 11, 2020. The deadline for the party with the burden of proof on an issue to provide full and complete expert disclosures, as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure, is extended to December 18, 2020. The deadline for the responding party (not having the burden of proof on the issue) to provide full and complete expert disclosures, as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure, is extended to January 5, 2021. The deadline for the party with the burden of proof on the issue to make its rebuttal report disclosures, if any, is extended to January 15, 2021. The deadline for expert depositions is extended to February 12, 2021. The deadline for filing dispositive motions is extended to March 2, 2021. Ordered by Judge Dominic W Lanza on 8/13/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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Filing 68
ORDER - IT IS ORDERED that Financial Partners Leasing Corporation's unopposed motion to dismiss for lack of personal jurisdiction (Doc. #65 ) is granted. Financial Partners Leasing Corporation is dismissed from this action without prejudice. IT IS FURTHER ORDERED that Financial Partners Leasing Corporation may move for its reasonable fees and costs incurred in this action within 14 days of the date of this order. However, particularly in light of Aesthetics Biomedical, Inc.'s avowal that it offered to voluntarily dismiss FPL three times before FPL filed its motion to dismiss (Doc. #47 at 2), FPL is ordered to confer in good faith with Aesthetics Biomedical, Inc. in an attempt to settle the issue of attorneys' fees before filing any such motion. Signed by Judge Dominic W Lanza on 8/13/2020. (LAD)
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| Filing 67 STATUS REPORT /Joint Status Report by Cartessa Aesthetics LLC. (Attachments: #1 Text of Proposed Order - Proposed Amended Scheduling Order)(Gojima, Hinako) |
| Filing 66 RESPONSE to Motion re: #65 Third Party MOTION to Dismiss for Lack of Jurisdiction Notice of No Objection filed by Aesthetics Biomedical Incorporated. (Pywowarczuk, Kristina) |
| Filing 65 Third Party MOTION to Dismiss for Lack of Jurisdiction by Financial Partners Leasing Corporation. (Attachments: #1 Text of Proposed Order)(Sreecharana, Devin) |
| Filing 64 MINUTE ENTRY for proceedings held before Magistrate Judge Michael T Morrissey: Settlement Conference held on 8/5/2020. On August 5, 2020, the Court held a Video Settlement Conference with the parties. Present were: Attorneys David Keyko and Hinako Gojima on behalf of Plaintiff Cartessa Aesthetics LLC; Corporate Representatives Gabe Lubin, Jon Banks, and A.J. Storrs for Plaintiff; Attorney Kristina Pywowarczuk on behalf of Defendant Aesthetics Biomedical Incorporated; Corporate Representatives Todd Rethemeier and MaryAnn Guerra for Defendant; Attorneys Devin Sreecharana and Alex Daniel, and summer associate Trevor Wainfeld, on behalf of ThirdParty Defendant Financial Partners Leasing Corporation; and Corporate Representative Jeff LaLima for ThirdParty Defendant. A court reporter was not present, nor the Settlement Conference recorded. A settlement was not reached. Hearing held 10:15 a.m. to 3:21 p.m.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JZB, rt) |
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Filing 63
SETTLEMENT CONFERENCE ORDER: IT IS ORDERED that all parties and, if represented, their counsel, shall appear by video teleconference before United States Magistrate Michael T. Morrissey on August 5, 2020 at 9:00 a.m. The Conference will continue until either the case settles, or the parties are no longer making meaningful progress. See document for further details. Signed by Magistrate Judge Michael T Morrissey on 7/14/2020. (REK)
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Filing 62
ORDER: IT IS ORDERED that the joint motion (Doc. #59 ) is granted. This action is stayed. IT IS FURTHER ORDERED that, within five business days of the settlement conference's conclusion, the Parties must submit: (1) a status report of their settlement conference, which informs the Court that settlement conference occurred and reports the outcome of such settlement conference, and, if necessary, (2) a Proposed Amended Scheduling Order. IT IS FURTHER ORDERED that the parties' stipulation (Doc. #60 ) is denied as moot, this action being stayed in its entirety [see attached Order for details].. Signed by Judge Dominic W Lanza on 6/19/20. (MAW)
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| Filing 61 NOTICE of Appearance by Alexander Joseph Sterling Daniel on behalf of Financial Partners Leasing Corporation. (Daniel, Alexander) |
| Filing 60 STIPULATION re: #20 Answer to Complaint, Third Party Complaint, Counterclaim Extension of Time to Respond to Third-Party Complaint by Financial Partners Leasing Corporation. (Attachments: #1 Text of Proposed Order)(Sreecharana, Devin) |
| Filing 59 Joint MOTION for Extension of Time to Modify Scheduling Order by Financial Partners Leasing Corporation. (Attachments: #1 Text of Proposed Order)(Sreecharana, Devin) |
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Filing 58
ORDER: IT IS ORDERED that the parties' request for a referral to a magistrate judge for a settlement conference (Doc. #57 ) is granted. It may not be possible, for logistical and scheduling reasons, to complete such a settlement conference before the July 15, 2020 deadline specified in the scheduling order. Thus, the parties are advised that, so long as they make a good-faith effort to schedule and hold the settlement conference as soon as possible, the Court will consider that effort to be compliant with the scheduling order (and the parties will not be required to expend resources to retain a private mediator). Magistrate Judge Michael T. Morrissey having been randomly drawn, IT IS ORDERED referring this matter to Magistrate Judge Morrissey for the purpose of conducting a settlement conference. Counsel are directed to contact said chambers within 14 days of the date of this Order to schedule a hearing date and time. Ordered by Judge Dominic W Lanza on 6/19/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 57 *Joint MOTION for Settlement Conference (Refer to Magistrate Judge) by ThirdParty Defendant Financial Partners Leasing Corporation. (Attachments: #1 Text of Proposed Order)(Sreecharana, Devin) *Modified to correct event; attorney noticed on 6/19/2020 (SLQ). |
| Filing 56 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Bryan F Murphy. (Murphy, Bryan) |
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Filing 55
ORDER: IT IS ORDERED that the stipulated motion (Doc. #54 ) is granted and the entry of default against Financial Partners Leasing Corporation (Doc. #52 ) is set aside. Financial Partners Leasing Corporation must respond to Aesthetics Biomedical, Inc.'s third-party complaint by June 22, 2020. ORDERED by Judge Dominic W. Lanza on 5/22/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
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| Filing 54 Joint MOTION to Set Aside Default by Financial Partners Leasing Corporation. (Attachments: #1 Text of Proposed Order)(Sreecharana, Devin) |
| Filing 53 NOTICE of Appearance by Devin Sreecharana on behalf of Financial Partners Leasing Corporation. (Sreecharana, Devin) |
| Filing 52 Clerk's ENTRY OF DEFAULT as to Financial Partners Leasing Corporation. (REK) |
| Filing 51 APPLICATION for Entry of Default by ThirdParty Plaintiff Aesthetics Biomedical Incorporated, Counter Claimant Aesthetics Biomedical Incorporated, Defendant Aesthetics Biomedical Incorporated against Financial Partners Leasing Corporation. (Attachments: #1 Exhibit Affidavit of Service, #2 Exhibit Declaration in Support, #3 Exhibit Proposed Entry of Default)(Pywowarczuk, Kristina) |
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Filing 50
ORDER: IT IS ORDERED that ABM's Rule 7(b) motion to compel transfer of undisputed funds and demonstration devices (Doc. #44 ) is denied [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/23/20. (MAW)
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| Filing 49 REPLY to Response to Motion re: #44 MOTION To Order The Return of Undisputed Funds and Demonstration Devices filed by Aesthetics Biomedical Incorporated. (Attachments: #1 Exhibit Exhibit 1)(Pywowarczuk, Kristina) |
| Filing 48 DECLARATION of Gabriel Lubin re: #44 MOTION To Order The Return of Undisputed Funds and Demonstration Devices . filed by Cartessa Aesthetics LLC. (Keyko, David) |
| Filing 47 RESPONSE in Opposition re: #44 MOTION To Order The Return of Undisputed Funds and Demonstration Devices filed by Cartessa Aesthetics LLC. (Attachments: #1 Affidavit Declaration of Bryan F. Murphy)(Murphy, Bryan) |
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Filing 46
*AMENDED by Doc. 69* SCHEDULING ORDER: Discovery due by 7/31/2020. Dispositive motions due by 10/9/2020 [see attached Order for details]. Signed by Judge Dominic W Lanza on 3/27/20. (MAW) Modified on 8/13/2020 (MAW).
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Filing 45
ORDER: The Court, having reviewed the parties' joint Rule 26(f) report (Doc. #34 ), concludes it is unnecessary to hold a Rule 16 Case Management Conference. The Court will separately issue the Case Management Order. Counsel are to note at Item 11 of the Case Management Order that the deadlines are real, and the Court will enforce the deadlines set forth in the Order. The parties should plan their litigation activities accordingly. Ordered by Judge Dominic W Lanza on 3/27/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 44 MOTION To Order The Return of Undisputed Funds and Demonstration Devices by Aesthetics Biomedical Incorporated. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Pywowarczuk, Kristina) |
| Filing 43 AMENDED TRANSCRIPT REQUEST pursuant to 42 Notice of Deficiency by Cartessa Aesthetics LLC for proceedings held on 02/06/2020, Judge Dominic W Lanza hearing judge(s). (Murphy, Bryan) |
| Filing 42 NOTICE TO FILER OF DEFICIENCY re: AO435 #41 Transcript Request filed by Cartessa Aesthetics LLC. Item 18 - ORDER: E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile and provide an email address for delivery. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) |
| Filing 41 TRANSCRIPT REQUEST by Cartessa Aesthetics LLC for proceedings held on 02/06/2020, Judge Dominic W Lanza hearing judge(s). (Murphy, Bryan) |
| Filing 40 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENT proceedings held on 02/06/2020, before Judge DOMINIC W. LANZA. [Court Reporter: Candy L. Potter, RMR, CRR, Telephone number (602) 322-7246]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/6/2020. Redacted Transcript Deadline set for 4/15/2020. Release of Transcript Restriction set for 6/15/2020. (RAP) |
| Filing 39 AMENDED TRANSCRIPT REQUEST pursuant to 38 Notice of Deficiency by Aesthetics Biomedical Incorporated for proceedings held on 02/06/20, Judge Dominic W Lanza hearing judge(s). (Pywowarczuk, Kristina) |
| Filing 38 NOTICE TO FILER OF DEFICIENCY re: AO435 #37 Transcript Request filed by Aesthetics Biomedical Incorporated. Item 18 - ORDER: E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile and provide an email address for delivery. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) |
| Filing 37 TRANSCRIPT REQUEST by Aesthetics Biomedical Incorporated for proceedings held on 02/06/2020, Judge Dominic W Lanza hearing judge(s). (Pywowarczuk, Kristina) |
| Filing 36 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) Notice of Service of Cartessa's Reponse to Mandatory Initial Discovery Requests filed by Plaintiff Cartessa Aesthetics LLC. (Murphy, Bryan) |
| Filing 35 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by ThirdParty Plaintiff Aesthetics Biomedical Incorporated, Counter Claimant Aesthetics Biomedical Incorporated, Defendant Aesthetics Biomedical Incorporated. (Pywowarczuk, Kristina) |
| Filing 34 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) Joint Report of Rule 26(f) Conference filed by Plaintiff Cartessa Aesthetics LLC. (Murphy, Bryan) |
| Filing 33 Summons Issued as to Financial Partners Leasing Corporation. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
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Filing 32
ORDER granting the motion to substitute counsel #30 . Nicole M. Goodwin of the law firm of Greenberg Traurig, LLP is withdrawn and Kristina L. Pywowarczuk and Sarah J. Siddiqui of Pywowarczuk Law, PLLC shall be substituted as counsel of record for Defendant/Counterclaimant/Third-Party Plaintiff Aesthetics Biomedical, Inc. Signed by Judge Dominic W Lanza on 3/10/2020. (REK)
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| Filing 31 SUMMONS Submitted by Aesthetics Biomedical Incorporated. (Pywowarczuk, Kristina) |
| Filing 30 Consent MOTION to Substitute Attorney by Aesthetics Biomedical Incorporated. (Attachments: #1 Text of Proposed Order)(Pywowarczuk, Kristina) |
| Filing 29 Corporate Disclosure Statement by Aesthetics Biomedical Incorporated. (Goodwin, Nicole) |
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Filing 28
ORDER: On February 13, 2020, a deficiency notice was sent to counsel for Defendant (Doc. #22 ) advising that counsel has failed to file the Corporate Disclosure Statement required by F.R.Civ.P.7.1 and LRCiv. 7.1.1. Counsel was given 14 days to file the Corporate Disclosure Statement. Although the corporate disclosure statement was filed as an exhibit to Defendant's Answer (Doc. 20-1), counsel for Defendant has failed to respond to the deficiency notice and file the required Corporate Disclosure Statement as a separate document as required by the Court. IT IS ORDERED that Defendant file its Corporate Disclosure Statement not later than 10 business days from the date of this Order [see attached Order for details]. Signed by Judge Dominic W Lanza on 3/6/20. (MAW)
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| Filing 27 ANSWER to #20 Answer to Complaint, Third Party Complaint, Counterclaim Plaintiff's Answer to Defendant's Counterclaim by Cartessa Aesthetics LLC.(Murphy, Bryan) |
| Filing 26 DEFENDANT'S DEMAND for Jury Trial by Aesthetics Biomedical Incorporated. (Goodwin, Nicole) |
| Filing 25 Summons Issued as to Financial Partners Leasing Corporation. (HLA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 24 SUMMONS Submitted by Aesthetics Biomedical Incorporated. (Goodwin, Nicole) |
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Filing 23
ORDER: Pursuant to Rule 16(b)(1) of the Federal Rules of Civil Procedure, the Court will issue a scheduling order after receiving the parties' Rule 26(f) report. After reviewing the Rule 26(f) report, the Court will set a case management conference if meeting with the parties appears necessary or helpful. Accordingly, IT IS ORDERED as follows: The parties are directed to meet, confer, and develop a Rule 26 (f) Joint Case Management Report, which must be filed no later than March 12, 2020 [see attached Order for details]. Signed by Judge Dominic W Lanza on 2/13/20. (MAW)
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| Filing 22 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Aesthetics Biomedical Incorporated. (MAW) |
| Filing 21 Summons Issued as to Financial Partners Leasing Corporation. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 20 Defendant's ANSWER to Complaint Plaintiff's First Amended Complaint, THIRD PARTY COMPLAINT against Financial Partners Leasing Corporation, COUNTERCLAIM against Cartessa Aesthetics LLC by Aesthetics Biomedical Incorporated. (Attachments: #1 Exhibit Corporate Disclosure Statement, #2 Summons Third-Party Summons)(Goodwin, Nicole) |
| Filing 19 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Motion Hearing held on 2/6/2020. Argument held. For reasons as stated on the record, IT IS ORDERED denying Plaintiff's Application for a Temporary Restraining Order and Motion for Relief under F.R.Civ.P. 67(a) (Doc. #14 ). Regarding Plaintiff's request to file a second amended complaint, the Court directs Plaintiff's counsel to meet and confer with Defense counsel. If there is no consent to amend, Plaintiff may file the appropriate motion with the Court. APPEARANCES: Bryan Murphy for Plaintiff. Nicole Goodwin and Matthew Hoxsie for Defendant. (Court Reporter Candy Potter) Hearing held 9:30 AM to 10:13 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
| Filing 18 *RESPONSE to Motion re: #14 to Plaintiff's (i) Application for a Temporary Restraining Order and Order to Show Cause Why a Preliminary Inunction Should Not Issue; and (ii) Motion Under F.R.C.P. 67(a) for permission to Deposit Funds Into Court by Defendant Aesthetics Biomedical Incorporated. (Attachments: #1 Affidavit Declaration of Todd Rethemeier, #2 Affidavit Declaration of Nicole Goodwin, #3 Exhibit Exhibits 1-5, #4 Exhibit Exhibit 6, Part 1, #5 Exhibit Exhibit 6, Part 2, #6 Exhibit Exhibits 7-16)(Goodwin, Nicole) *Modified to add document link and correct event on 2/5/2020 (REK). |
| Filing 17 NOTICE re: Proof of Service by Cartessa Aesthetics LLC re: #15 Order, Set/Reset Motion and R&R Deadlines/Hearings . (Murphy, Bryan) |
| Filing 16 NOTICE TO FILER OF DEFICIENCY re: #14 MOTION for Temporary Restraining Order filed by Cartessa Aesthetics LLC. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
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Filing 15
ORDER: IT IS THEREFORE ORDERED that Plaintiff shall serve Defendant with this Order as soon as practicable, and in any case by 2:00 p.m. on February 4, 2020. Such service shall be accomplished by (1) emailing a copy of this Order to Ms. Goodwin and (2) calling Ms. Goodwin's office. IT IS FURTHER ORDERED that Plaintiff shall file proof of such service as soon as practicable after the service is completed. IT IS FURTHER ORDERED that that Defendant shall file a response to Plaintiff's motion (Doc. #14 ) by February 5, 2020, at 2:00 p.m. (Arizona time).IT IS FURTHER ORDERED setting a hearing on Plaintiff's motion (Doc. #14 ) on February 6, 2020, at 9:30 a.m. (Arizona time) before District Judge Dominic Lanza in Courtroom 601, Sandra Day O'Connor Federal Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. Each side shall have 60 minutes to make legal argument to the Court [see attached Order for details]. Signed by Judge Dominic W Lanza on 2/4/20. (MAW)
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| Filing 14 MOTION for Temporary Restraining Order by Cartessa Aesthetics LLC. (Attachments: #1 Supplement, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)(Murphy, Bryan). |
| Remark: Pro hac vice motion(s) granted for David G Keyko and Hinako Gojima on behalf of Plaintiff Cartessa Aesthetics LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 13 PLAINTIFF'S DEMAND for Jury Trial by Cartessa Aesthetics LLC. (Murphy, Bryan) |
| Filing 12 *SERVICE EXECUTED filed by Cartessa Aesthetics LLC: Acceptance of Service re: First Amended Complaint upon Aesthetics Biomedical, Inc. and signed by defense counsel on January 21, 2020. (Murphy, Bryan) *Modified text on 1/23/2020 (REK). |
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Filing 11
PRELIMINARY ORDER: IT IS THEREFORE ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order and its Attachments on Defendant(s) and file notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on April 14, 2020, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure; 3. That, unless the Court orders otherwise, the parties shall file with the Clerk of Court a notice of service of MIDP Responses, supplemental MIDP Responses, and production of ESI, rather than copies of the actual disclosures [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/16/20. (Attachments: #1 Notice - MIDP, #2 MIDP User Manual)(MAW)
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| Filing 10 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Cartessa Aesthetics LLC Notice of Filing Redlined Copy of First Amended Complaint. (Murphy, Bryan) |
| Filing 9 AMENDED COMPLAINT First Amended Complaint against Cartessa Aesthetics LLC filed by Cartessa Aesthetics LLC. (Attachments: #1 Exhibit 1-3, #2 Exhibit 4-12)(Murphy, Bryan) |
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Filing 8
ORDER: IT IS ORDERED that by January 17, 2020, Cartessa shall file a supplement to the complaint properly alleging its citizenship, including listing the citizenship of each of its members. IT IS FURTHER ORDERED that if Cartessa fails to timely file its supplement, the Clerk of the Court shall dismiss this case, without prejudice, for lack of subject matter jurisdiction [see attached Order for details]. Signed by Judge Dominic W Lanza on 12/17/19. (MAW)
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| Filing 7 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Cartessa Aesthetics LLC. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAC) |
| Filing 6 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (BAC) |
| Filing 5 Summons Issued as to Aesthetics Biomedical Incorporated. (BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 4 Filing fee paid, receipt number 0970-17741431. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-19-05827-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAC) |
| Filing 3 SUMMONS Submitted by Cartessa Aesthetics LLC. (Murphy, Bryan) (BAC) |
| Filing 2 Corporate Disclosure Statement by Cartessa Aesthetics LLC. (Murphy, Bryan) (BAC) |
| Filing 1 COMPLAINT. Filing fee received: $400.00, receipt number 0970-17741431 filed by Cartessa Aesthetics LLC. (Murphy, Bryan) (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1-3, #3 Exhibit 4-12)(BAC) |
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