Bahamas Surgery Center, LLC v. Kimberly-Clark Corporation et al.
| Prime Healthcare Services - Landmark, LLC, Bahamas Surgery Center, LLC a California limited liability company, on behalf of itself and all others similarly situated doing business as Bahamas Surgery Center, Prime Healthcare Services - Garden Grove, LLC, Knapp Medical Center, LLC, Prime Healthcare Services - Harlingen, LLC, Hrayr Shahinian and Prime Healthcare Centinela, LLC |
| Halyard Health, Inc. and Kimberly-Clark Corporation |
| Ahmed Ibrahim, Frank Sims & Stolper LLP, Receiver Brian Weiss, William A Hearon, CBS Broadcasting Inc. and Cardinal Health 200, LLC |
| Brian Weiss |
| Esq. Michael J. Avenatti, Esq. Edward M. Ricci and Lien Claimant Lisa Storie-Avenatti |
| Intertek Group plc |
| 2:2014cv08390 |
| October 29, 2014 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Dolly M Gee |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Both |
Docket Report
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| Filing 679 Notice of Electronic Filing re Judgment, #678 e-mailed to gezgar@kslaw.com bounced due to 5.1.0 - Unknown address error 550-'#5.1.0 Address rejected.'. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ew) TEXT ONLY ENTRY |
| Filing 678 JUDGMENT by Judge Dolly M. Gee: The Court has dismissed this action with prejudice as to Defendants Kimberly-Clark Corporation and Halyard Health, Inc. #677 . Accordingly, judgment is hereby entered in favor of Defendants Kimberly-Clark Corporation and Halyard Health, Inc. and against Plaintiffs. (gk) |
Filing 677
MINUTES OF IN CHAMBERS - ORDER RE DISMISSAL OF ACTION WITH PREJUDICE by Judge Dolly M. Gee: On 2/11/2021, former class counsel William C. Hearon of William C. Hearon, P.A. and Ahmed Ibrahim of AI Law, PLC filed a status report indicating that notice of decertification of the class has been disseminated to former class members #676 . Having fulfilled its obligation to ensure notice of decertification, the Court approves Bahamas Surgery Center and Defendants' joint stipulation to dismiss the case #658 . The action is hereby DISMISSED in its entirety with prejudice as to Defendants Kimberly-Clark Corporation and Halyard Health, Inc. Court Reporter: Not Reported. (gk)
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| Filing 676 STATUS REPORT CONFIRMING MAILING OF NOTICE OF DECERTIFICATION TO FORMER CLASS MEMBERS filed by Movants William A Hearon, Ahmed Ibrahim. (Ibrahim, Ahmed) |
| Filing 675 STATUS REPORT Re: Dissemination of Notice of Decertification filed by Movants William A Hearon, Ahmed Ibrahim. (Ibrahim, Ahmed) |
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Filing 674
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #669 by Judge Dolly M. Gee. The request of Ahmed Ibrahim to substitute Jennifer Weaver as attorney of record instead of Ahmed Ibrahim is GRANTED. (et)
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Filing 673
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #669 by Judge Dolly M. Gee. The request of William C. Hearon to substitute Jennifer Weaver of Waller as attorney of record instead of William C. Hearon is GRANTED. (et)
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Filing 672
MINUTES OF IN CHAMBERS - ORDER RE NOTICE OF CLASS DECERTIFICATION by Judge Dolly M. Gee. The Court therefore ORDERS that the Proposed Notice attached to the JSR as Exhibit A be expeditiously disseminated to former class members. Former Class Counsel shall file a report with the Court by December 23, 2020 regarding the status of the notice. (SEE CIVIL MINUTES FOR FURTHER SPECIFICS). (et)
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Filing 671
MINUTES (IN CHAMBERS)- IN CHAMBERSORDER by Judge Dolly M. Gee. Because the Court has granted Former Class Counsels Requests for Approval of Substitution or Withdrawal of Counsel (Form G-01), their motion to withdraw [Doc. No. #663 ] is DENIED as moot, and the hearing set for December 11, 2020 at 9:30 a.m. is VACATED. (et)
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| Filing 670 JOINT STATUS REPORT filed by Defendant Kimberly-Clark Corporation. (Hamburger, Bradley) |
| Filing 669 NOTICE OF LODGING filed re Minutes of In Chambers Order/Directive - no proceeding held,,,,,, #664 (Attachments: #1 Signed Application of W. Hearon Requesting to Withdraw as Counsel, #2 Proposed Order Granting W. Hearon Request to Withdraw as Counsel, #3 Signed Application of A. Ibrahim Requesting to Withdraw as Counsel, #4 Proposed Order Granting A. Ibrahim Request to Withdraw as Counsel)(Ibrahim, Ahmed) |
| Filing 668 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice of Lodging Request for Approval #666 by Judge Dolly M. Gee. The document is stricken. The Substitute Attorney form(G-01) in incomplete. The Request Forms are not signed by a representative of the Plaintiff. (iv) |
| Filing 667 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Lodging, #666 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests > Substitute Attorney (G-01). The Request Forms are not signed by a representative of the Plaintiff. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
| Filing 666 **STRICKEN** NOTICE OF LODGING filed re Minutes of In Chambers Order/Directive - no proceeding held,,,,,, #664 (Attachments: #1 Signed Application Form G01 - William Hearon, #2 Proposed Order Form G01 Order - William Hearon, #3 Signed Application Form G01 - Ahmed Ibrahim, #4 Proposed Order Form G01 Order - Ahmed Ibrahim)(Ibrahim, Ahmed) Modified on 11/20/2020 Per Response #668 . (iv). |
| Filing 665 Notice of Appearance or Withdrawal of Counsel: for attorney Bradley Joseph Hamburger counsel for Defendant Kimberly-Clark Corporation. Adding Bradley Joseph Hamburger as counsel of record for Kimberly-Clark Corporation for the reason indicated in the G-123 Notice. Filed by Defendant Kimberly-Clark Corporation. (Attorney Bradley Joseph Hamburger added to party Kimberly-Clark Corporation(pty:dft))(Hamburger, Bradley) |
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Filing 664
MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFF'S COUNSEL'S MOTION TO WITHDRAW by Judge Dolly M. Gee: On 11/12/2020, counsel William C. Hearon of William C. Hearon, P.A. and Ahmed Ibrahim of AI Law, PLC ("Movants") filed a motion for leave to withdraw as counsel for Plaintiff Bahamas Surgery Center, LLC #663 . Movants may withdraw from representing Bahamas Surgery by submitting a "Request for Approval of Substitution or Withdrawal of Counsel" (Form G-01), with a proposed "Order on Request for Approval of Substitution or Withdrawal of Counsel" (Form G-01 Order). If Movants also seek to withdraw as class counsel leaving the class unrepresented, pursuant to Local Rule 83-2.3.2 and the California Rules of Professional Conduct, written notice may need to be provided to the class. Such notice may also include notice of decertification of the class. The Court would benefit from briefing on these issues. The Court will not approve Bahamas Surgery Center and Defendants' joint stipulation to dismiss the case, filed on 11/11/2020 #658 , before the parties have resolved all outstanding issues regarding class representation, including whether notice of decertification must be provided to the class before voluntary dismissal of the action under Federal Rule of Civil Procedure 23(e) and, if so, who would pay for such notice to be disseminated. By no later than 12/4/2020, the parties shall meet and confer and file a joint status report outlining how they propose to proceed to resolve these outstanding issues. If there is a dispute as to how to proceed, then the parties will confer regarding a briefing schedule to properly place the issues before the Court. Court Reporter: Not Reported. (gk)
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| Filing 663 NOTICE OF MOTION AND MOTION of William C. Hearon and Ahmed Ibrahim to Withdraw as Attorney filed by Attorneys William A Hearon, Ahmed Ibrahim. Motion set for hearing on 12/11/2020 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Ahmed Ibrahim, #2 Proposed Order Granting Motion to Withdraw) (Attorney Ahmed I Ibrahim added to party William A Hearon(pty:mov), Attorney Ahmed I Ibrahim added to party Ahmed Ibrahim(pty:mov)) (Ibrahim, Ahmed) |
| Filing 662 Notice of Withdrawal of Application to the Clerk to Tax Costs #639 filed by Defendant Halyard Health, Inc.. (Barnett, Lauren) |
| Filing 661 Notice of Withdrawal of Application to the Clerk to Tax Costs, #638 filed by Defendant Kimberly-Clark Corporation. (Poon, Julian) |
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Filing 660
ORDER by Judge Dolly M. Gee: The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Court's Case Management Order: Letter to the Judge filed 11/11/2020 #659 , for the following reasons: Local Rule 83-2.5 No letters to the judge. (gk)
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| Filing 659 [DOCUMENT STRICKEN PER ORDER ON 11/12/2020, SEE DOCKET NO. 660] NOTICE filed by Attorneys Ahmed Ibrahim, William A Hearon. Request for Notice of Decertification to Former Class Members (Ibrahim, Ahmed) Modified on 11/12/2020 (gk). |
| Filing 658 Joint STIPULATION to Dismiss Case pursuant to Rule 41(a)(1)(A)(ii) filed by Attorney for Plaintiff Bahamas Surgery Center, LLC.(Weaver, Jennifer) |
| Filing 657 NOTICE of Appearance filed by attorney Jennifer Lyn Weaver on behalf of Plaintiff Bahamas Surgery Center, LLC (Attorney Jennifer Lyn Weaver added to party Bahamas Surgery Center, LLC(pty:pla))(Weaver, Jennifer) |
| Filing 656 NOTICE of Appearance filed by attorney George Michael Garvey on behalf of Defendant Halyard Health, Inc. (Attorney George Michael Garvey added to party Halyard Health, Inc.(pty:dft))(Garvey, George) |
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Filing 655
ORDER EXTENDING TIME TO FILE JOINT STATUS REPORT #654 by Judge Dolly M. Gee: Upon consideration of the parties' Joint Stipulation to Extend Time to File Joint Status Report, and for good cause shown, the Court hereby orders that the deadline for Plaintiff Bahamas Surgery Center, LLC and Defendant Kimberly-Clark Corporation to file a Joint Status Report concerning how they wish to proceed as to any remaining nonclass claims, as previously ordered by the Court [Doc. No. 652], shall be extended to November 12, 2020. (bm)
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| Filing 654 Joint STIPULATION for Extension of Time to File Joint Status Report filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Proposed Order)(Ibrahim, Ahmed) |
| Filing 653 Notice of Appearance or Withdrawal of Counsel: for attorney Eric M George counsel for Movant Frank Sims & Stolper LLP. Eric M. George will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Eric M. George is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by moving party Frank Sims & Stolper LLP. (George, Eric) |
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Filing 652
ORDER ON MANDATE OF THE NINTH CIRCUIT COURT OF APPEALS #636 , #644 by Judge Dolly M. Gee. The entire above-captioned action is DISMISSED against Defendant Halyard Health, Inc. under Federal Rule of Civil Procedure 12(h)(3). Kimberly-Clark Corporation and Plaintiff Bahamas Surgery Center, LLC shall file a Joint Status Report on or before November 2, 2020 as to how they wish to proceed as to any remaining non-class claims. (iv)
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| Filing 651 NOTICE OF LODGING filed re USCA Memorandum/Opinion/Order,, #636 (Attachments: #1 Proposed Order Proposed JUDGMENT, #2 Proposed Order Proposed ORDER)(Barnett, Lauren) |
| Filing 650 RESPONSE IN SUPPORT of APPLICATION to the Clerk to Tax Costs against Plaintiff Bahamas Surgery Center, LLC #638 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Poon, Julian) |
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Filing 649
ORDER RE JOINT STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S COSTS OBJECTIONS #648 by Judge Dolly M. Gee: Defendants shall have until Monday, October 5, 2020, to file and serve a written response to Plaintiff's Objection to Applications to the Clerk to Tax Costs Filed by Defendants Kimberly-Clark Corporation and Halyard Health, Inc., filed September 24, 2020 #647 . (See order for details.) (kti)
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| Filing 648 Joint STIPULATION for Extension of Time to File Response as to Objection, #647 filed by Defendant Halyard Health, Inc.. (Attachments: #1 Proposed Order)(Barnett, Lauren) |
| Filing 647 OBJECTIONS to APPLICATION to the Clerk to Tax Costs against Plaintiff Bahamas Surgery Center, LLC #638 , APPLICATION to the Clerk to Tax Costs against Plaintiff Bahamas Surgery Center, LLC #639 filed by Plaintiff Bahamas Surgery Center, LLC. (Ibrahim, Ahmed) |
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Filing 646
ORDER RE JOINT STIPULATION TO RELEASE AND DISCHARGE DEFENDANT HALYARD HEALTH, INC.'S SUPERSEDEAS UNDERTAKING by Judge Dolly M. Gee: Upon Stipulation #643 , the Court ORDERS that the $1,743,089.26 supersedeas undertaking posted by Halyard is fully and unconditionally released, discharged, and exonerated. The corporate surety company for this undertaking, Liberty Mutual Insurance Company, and its parents, affiliates and subsidiaries, are fully and unconditionally released and discharged from any and all past, present, and future liability arising under or in connection with the supersedeas undertaking. (gk)
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Filing 645
ORDER RE JOINT STIPULATION TO RELEASE AND DISCHARGE DEFENDANT KIMBERLY-CLARK CORPORATION'S SUPERSEDEAS UNDERTAKING by Judge Dolly M. Gee: Upon Stipulation #642 , the Court ORDERS that the $26,370,413.30 supersedeas undertaking posted by Kimberly-Clark is fully and unconditionally released, discharged, and exonerated. The corporate surety company for this undertaking, Liberty Mutual Insurance Company, and its parents, affiliates and subsidiaries, are fully and unconditionally released and discharged from any and all past, present, and future liability arising under or in connection with the supersedeas undertaking. (gk)
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| Filing 644 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #582 , Notice of Appeal to 9th Circuit Court of Appeals, #590 , Notice of Appeal to 9th Circuit Court of Appeals, #579 , CCA # 18-55478, 18-55483 and 18-55558. The judgment of this Court, entered July 23, 2020, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. Costs are taxed against Bahamas Surgery Center, LLC and awarded to Kimberly-Clark Corporation in the amount of $783.30. Costs are taxed against Bahamas Surgery Center, LLC and awarded to Halyard Health, Inc. in the amount of $110.40. [See USCA Memorandum #636 VACATED and REMANDED with instructions to dismiss in No. 18-55843. VACATED and REMANDED for further proceedings consistent with this disposition in No. 18-55478. DISMISSED as moot in No. 18-55558.Bahamas shall bear costs on appeal. ] (mat) |
| Filing 643 Joint STIPULATION for Bond Exoneration of Undertaking filed by Defendant Halyard Health, Inc.. (Attachments: #1 Proposed Order)(Barnett, Lauren) |
| Filing 642 Joint STIPULATION for Bond Exoneration of Supersedeas Undertaking filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Proposed Order)(Poon, Julian) |
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Filing 641
ORDER EXTENDING TIME FOR PLAINTIFF TO RESPOND TO DEFENDANTS' APPLICATIONS FOR COSTS ON APPEAL by Judge Dolly M. Gee: Upon Stipulation #640 , the Court hereby orders that Plaintiff shall have seven days after the issuance of the Ninth Circuit's mandate to object to Defendants' Applications to the Clerk to Tax Costs #638 , #639 . Following the issuance of the Ninth Circuit's mandate, Plaintiff shall join Halyard in stipulating to the exoneration of its supersedeas undertaking within four days after Halyard presents Plaintiff with a draft stipulation to that effect. Following the issuance of the Ninth Circuit's mandate, Plaintiff shall join Kimberly-Clark in stipulating to the exoneration of its supersedeas undertaking within four days after Kimberly-Clark presents Plaintiff with a draft stipulation to that effect, if the Ninth Circuit's vacatur of this Court's judgment as to Kimberly-Clark also remains intact when the Ninth Circuit's mandate issues. See document for further details. (gk)
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| Filing 640 Joint STIPULATION for Extension of Time to File Response to Defendants' Applications for Costs on Appeal filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Proposed Order)(Esner, Stuart) |
| Filing 639 APPLICATION to the Clerk to Tax Costs against Plaintiff Bahamas Surgery Center, LLC filed by Defendant Halyard Health, Inc.. (Barnett, Lauren) |
| Filing 638 APPLICATION to the Clerk to Tax Costs against Plaintiff Bahamas Surgery Center, LLC filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Declaration of Julian W. Poon in Support of Defendant Kimberly-Clark Corporation's Application to the Clerk to Tax Costs, #2 Proof of Service) (Poon, Julian) |
| Filing 637 Notice of Electronic Filing re USCA Memorandum/Opinion/Order,, #636 e-mailed to Timothy T Scott at tscott@kslaw.com bounced due to 5.1.0 - Unknown address error 550. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY |
| Filing 636 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #582 filed by Halyard Health, Inc., CCA # 18-55478; Notice of Appeal to 9th Circuit Court of Appeals #590 filed by Bahamas Surgery Center, LLC, CCA # 18-55558; Notice of Appeal to 9th Circuit Court of Appeals #579 filed by Kimberly-Clark Corporation, CCA # 18-55483. The decision of the district court is VACATED and REMANDED with instructions to dismiss in No. 18-55843. VACATED and REMANDED for further proceedings consistent with this disposition in No. 18-55478. DISMISSED as moot in No. 18-55558. Bahamas shall bear costs on appeal. (gk) |
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Filing 635
MINUTES OF IN CHAMBERS - ORDER APPOINTING CLASS COUNSEL by Judge Dolly M. Gee: On 5/23/2019, the Court issued an indicative ruling that it would remove Michael Avenatti of Eagan Avenatti, LLP as class counsel and appoint William Hearon and Ahmed Ibrahim as permanent co-lead class counsel if the Ninth Circuit Court of Appeals remanded for that limited purpose ("5/23/2019 Order") #626 . On 7/2/2019, the Ninth Circuit remanded the pending cross-appeals for that limited purpose ("Limited Remand Order") #633 . For the reasons stated in the 5/23/2019 Order and in accordance with the Limited Remand Order, the Court ISSUES the following rulings: (1) The Court REMOVES Michael Avenatti of Eagan Avenatti, LLP from the position of class counsel; (2) The Court APPOINTS William Hearon and Ahmed Ibrahim as permanent co-lead class counsel; (3) Hearon and Ibrahim are barred from allowing Mr. Avenatti to control the strategy of the litigation (including the pending cross-appeals) or otherwise serving any of the functions of class counsel; and (4) Hearon and Ibrahim shall serve a copy of this Order on the Circuit Clerk within seven days of the date of this Order. Court Reporter: Not Reported. (gk)
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| Filing 634 REQUEST for Appointment of Counsel William Hearon and Ahmed Ibrahim filed by Plaintiff Bahamas Surgery Center, LLC. (Ibrahim, Ahmed) |
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Filing 633
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #582 filed by Halyard Health, Inc., Notice of Appeal to 9th Circuit Court of Appeals, #590 filed by Bahamas Surgery Center, LLC, Notice of Appeal to 9th Circuit Court of Appeals, #579 filed by Kimberly-Clark Corporation. CCA # 18-55478, 18-55483 and 18-55558. The request for a limited remand to which no opposition has been filed, is granted. These cross-appeals are remanded to the district court for the limited purpose of enabling the district court to consider the post-judgment motion. The failure to file a report will terminate the limited remand. [See document for more details.] (mat)
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| Filing 632 Notice of Appearance or Withdrawal of Counsel: for attorney Benjamin D Scheibe counsel for Movant Frank Sims & Stolper LLP. Benjamin D. Scheibe is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by movant Frank Sims & Stolper LLP. (Scheibe, Benjamin) |
| Filing 631 NOTICE OF LIEN filed by Child Support Lien Claimant Lisa Storie-Avenatti. (Bisbee, Ronn) |
| Filing 630 Notice of Appearance or Withdrawal of Counsel: for attorney Ronn Bisbee, Bisbe counsel for Claimant Lisa Storie-Avenatti. Adding Ronn Bisbee as counsel of record for Lisa Storie-Avenatti for the reason indicated in the G-123 Notice. Filed by Child Support Lien Claimant Lisa Storie-Avenatti. (Attorney Ronn Bisbee, Bisbe added to party Lisa Storie-Avenatti(pty:clm))(Bisbee, Ronn) |
| Filing 629 NOTICE OF LIEN filed by Receiver Brian Weiss. (Reitman, Jack) |
| Filing 628 Notice of Appearance or Withdrawal of Counsel: for attorney Lauren Claire Barnett counsel for Defendant Halyard Health, Inc.. Daniel P. Collins is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Halyard Health, Inc.. (Barnett, Lauren) |
| Filing 627 Notice of Electronic Filing re Order on Motion for Appointment of Counsel,,,,,, Order on Motion for Ruling,,,,, #626 e-mailed to Daniel P. Collins, daniel.collins@mto.com bounced due to 550 5.1.10 RESOLVER.ADR.RecipientNotFound. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
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Filing 626
MINUTES OF IN CHAMBERS - ORDER RE MOTION FOR APPOINTMENT OF INTERIM CLASS COUNSEL AND MOTION FOR INDICATIVE RULING by Judge Dolly M. Gee: On 4/16/2019, William Hearon and Ahmed Ibrahim filed a motion to appoint them as "interim co-lead class counsel" during the pendency of the appeals and cross-appeals in this matter ("Appointment Motion") #609 . Later that day, the Receiver of Eagan Avenatti filed a motion for indicative ruling to remove Eagan Avenatti LLP and Michael Avenatti as class counsel1 and appoint Jason Frank, Scott Sims, and Andrew Stolper of Frank, Sims, and Stolper, LLP ("FSS") as lead class counsel ("Receiver's Motion") #610 . The Court GRANTS the Appointment Motion only insofar as it seeks an indicative ruling that the Court would remove Avenatti and appoint Ibrahim and Hearon as permanent co-lead counsel if the Ninth Circuit decides to remand for that limited purpose. The Receiver's Motion is DENIED. Ibrahim and Hearon shall notify the Circuit Clerk of this ruling within ten days of the date of this Order, and they must inform the Court of the Ninth Circuit's decision regarding the request for limited remand within ten days of its issuance. The 5/24/2019 hearing is VACATED. The Court STRIKES Avenatti's unauthorized sur-reply because it was filed without leave of court #625 . Court Reporter: Not Reported. (gk)
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| Filing 625 * STRICKEN * REPLY SUR-REPLY In Further Opposition to NOTICE OF MOTION AND MOTION for Ruling Motion for Indicative Ruling RECEIVERS NOTICE OF MOTION AND MOTION FOR INDICATIVE RULING (1) REMOVING EAGAN AVENATTI LLP AND MICHAEL AVENATTI AS CLASS COUNSEL AND (2) APPOINTING JASON M. FRANK, SCOTT H. SIMS #610 filed by Claimant Michael J. Avenatti. (Avenatti, Michael) ** DOCUMENT STRICKEN PURSUANT TO THE CIVIL MINUTES OF 5/23/2019 #626 ** Modified on 5/23/2019 (gk). |
| Filing 624 REPLY in support of NOTICE OF MOTION AND MOTION for Appointment of Counsel William Hearon and Ahmed Ibrahim #609 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Declaration of William C. Hearon - Supplemental (and Exhs A-B), #2 Declaration of Ahmed Ibrahim - Supplemental)(Ibrahim, Ahmed) |
| Filing 623 NOTICE of Appearance filed by attorney Eric M George on behalf of Miscellaneous Frank Sims & Stolper LLP (Attorney Eric M George added to party Frank Sims & Stolper LLP(pty:misc))(George, Eric) |
| Filing 622 REPLY in support of NOTICE OF MOTION AND MOTION for Ruling Motion for Indicative Ruling RECEIVERS NOTICE OF MOTION AND MOTION FOR INDICATIVE RULING (1) REMOVING EAGAN AVENATTI LLP AND MICHAEL AVENATTI AS CLASS COUNSEL AND (2) APPOINTING JASON M. FRANK, SCOTT H. SIMS #610 filed by Movant Brian Weiss. (Attachments: #1 Evidentiary Objections to Declaration of Michael Avenatti in Opposition to Receiver's Motion, #2 Evidentiary Objections to Declaration of Michael Avenatti in Support of William C. Hearon and Ahmed Ibrahim's Motion to Appoint Interim Class Counsel)(Reitman, Jack) |
| Filing 621 DECLARATION of Michael J. Avenatti - SUPPLEMENTAL Declaration In Support Of NOTICE OF MOTION AND MOTION for Appointment of Counsel William Hearon and Ahmed Ibrahim #609 filed by Claimant Michael J. Avenatti. (Avenatti, Michael) |
| Filing 620 OPPOSITION of Lead Class Counsel Michael Avenatti re: NOTICE OF MOTION AND MOTION for Ruling Motion for Indicative Ruling RECEIVERS NOTICE OF MOTION AND MOTION FOR INDICATIVE RULING (1) REMOVING EAGAN AVENATTI LLP AND MICHAEL AVENATTI AS CLASS COUNSEL AND (2) APPOINTING JASON M. FRANK, SCOTT H. SIMS #610 filed by Claimant Michael J. Avenatti. (Attachments: #1 Declaration of Michael J. Avenatti, #2 Exhibit 1-3)(Attorney Michael J Avenatti added to party Michael J. Avenatti(pty:clm))(Avenatti, Michael) |
| Filing 619 OPPOSITION to NOTICE OF MOTION AND MOTION for Ruling Motion for Indicative Ruling RECEIVERS NOTICE OF MOTION AND MOTION FOR INDICATIVE RULING (1) REMOVING EAGAN AVENATTI LLP AND MICHAEL AVENATTI AS CLASS COUNSEL AND (2) APPOINTING JASON M. FRANK, SCOTT H. SIMS #610 filed by Plaintiff Bahamas Surgery Center, LLC. (Ibrahim, Ahmed) |
| Filing 618 DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION TO APPOINT INTERIM CLASS COUNSEL (DKT. 609) AND RECEIVER'S MOTION FOR "INDICATIVE RULING" (DKT. 610) re NOTICE OF MOTION AND MOTION for Appointment of Counsel William Hearon and Ahmed Ibrahim #609 , NOTICE OF MOTION AND MOTION for Ruling Motion for Indicative Ruling RECEIVERS NOTICE OF MOTION AND MOTION FOR INDICATIVE RULING (1) REMOVING EAGAN AVENATTI LLP AND MICHAEL AVENATTI AS CLASS COUNSEL AND (2) APPOINTING JASON M. FRANK, SCOTT H. SIMS #610 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Stephen B. Devereaux, #2 Exhibit A to Declaration of Stephen B. Devereaux)(Romano, Julia) |
| Filing 617 OPPOSITION re: NOTICE OF MOTION AND MOTION for Appointment of Counsel William Hearon and Ahmed Ibrahim #609 RECEIVERS OPPOSITION TO WILLIAM C. HEARON AND AHMED IBRAHIMS MOTION TO APPOINT INTERIM CLASS COUNSEL filed by Movant Brian Weiss. (Attachments: #1 Declaration of Brian Weiss in Support, #2 Declaration of John P. Reitman in Support)(Reitman, Jack) |
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Filing 616
MINUTES OF IN CHAMBERS - ORDER RE STIPULATION TO CONTINUE PENDING MOTIONS by Judge Dolly M. Gee: On 4/24/019, the Receiver's counsel, the Attorney Movants, and Defense Counsel filed a Stipulation to continue the hearing on the pending motions #614 . Approximately one hour after the Stipulation was filed, Michael Avenatti filed Objections thereto #615 . Avenatti complains that the Receiver's counsel did not meet and confer with him before the Motion for Indicative Ruling or the Stipulation were filed. the Court ORDERS the Receiver's counsel, the Attorney Movants, and Defense Counsel to meet and confer with Avenatti and each other before filing any subsequent motion, ex parte application, or stipulation. This obligation shall terminate when the Court formally relieves Avenatti as lead class counsel. The Court CONTINUES the hearing on the Attorney Movants' Motion to Appoint Interim Class Counsel #609 and the Receiver's Motion for Indicative Ruling #610 to 5/24/2019 at 09:30 AM before Judge Dolly M. Gee. Any oppositions or statements of non-opposition shall be filed no later than 5/3/2019, and any replies thereto shall be filed no later than 5/10/2019. Court Reporter: Not Reported. (gk)
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| Filing 615 OBJECTIONS to Stipulation to Continue,,, #614 May 17, 2019 Hearing filed by Claimant Michael J. Avenatti. (Attachments: #1 Declaration of Michael J. Avenatti)(Avenatti, Michael) |
| Filing 614 STIPULATION to Continue (1) Motion for Indicative Ruling and (2) Motion to Appoint Interim Co-Class Counsel from May 17, 2019 to May 24, 2019 Re: NOTICE OF MOTION AND MOTION for Appointment of Counsel William Hearon and Ahmed Ibrahim #609 , NOTICE OF MOTION AND MOTION for Ruling Motion for Indicative Ruling RECEIVERS NOTICE OF MOTION AND MOTION FOR INDICATIVE RULING (1) REMOVING EAGAN AVENATTI LLP AND MICHAEL AVENATTI AS CLASS COUNSEL AND (2) APPOINTING JASON M. FRANK, SCOTT H. SIMS #610 filed by Court Appointed Receiver of Eagan Avenatti, LLP Brian Weiss. (Attachments: #1 Proposed Order [Proposed] Order Approving Stipulation to Continue (1) Motion for Indicative Ruling and (2) Motion to Appoint Interim Co-Class Counsel)(Reitman, Jack) |
| Filing 613 NOTICE OF LIEN filed by Edward M. Ricci, P.A. and Edward M. Ricci. (Avenatti, Michael) |
| Filing 612 DECLARATION of Ahmed Ibrahim (Corrected) in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel William Hearon and Ahmed Ibrahim #609 filed by Plaintiff Bahamas Surgery Center, LLC. (Ibrahim, Ahmed) |
| Filing 611 DECLARATION of Rashel Campos (Corrected) in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel William Hearon and Ahmed Ibrahim #609 filed by Plaintiff Bahamas Surgery Center, LLC. (Ibrahim, Ahmed) |
| Filing 610 NOTICE OF MOTION AND MOTION for Ruling Motion for Indicative Ruling RECEIVERS NOTICE OF MOTION AND MOTION FOR INDICATIVE RULING (1) REMOVING EAGAN AVENATTI LLP AND MICHAEL AVENATTI AS CLASS COUNSEL AND (2) APPOINTING JASON M. FRANK, SCOTT H. SIMS AND ANDREW D. STOLPER OF FRANK, SIMS & STOLPER, LLP AS LEAD CLASS COUNSEL filed by Receiver of Eagan Avenatti, LLP Brian Weiss. Motion set for hearing on 5/17/2019 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Brian Weiss in Support, #2 Declaration of John P. Reitman in Support, #3 First Declaration of Jason M. Frank in Support, #4 Second Declaration of Jason M. Frank in Support, #5 Request for Judicial Notice in Support, #6 Proposed Order) (Reitman, Jack) |
| Filing 609 NOTICE OF MOTION AND MOTION for Appointment of Counsel William Hearon and Ahmed Ibrahim filed by Plaintiff Bahamas Surgery Center, LLC. Motion set for hearing on 5/17/2019 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Rashel Campos, #2 Declaration of William Hearon, #3 Declaration of Ahmed Ibrahim, #4 Declaration of Michael Avenatti, #5 Proposed Order Appointing Interim Class Counsel) (Ibrahim, Ahmed) |
| Filing 608 NOTICE OF LIEN Michael J. Avenatti. (Avenatti, Michael) |
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Filing 607
MINUTES OF IN CHAMBERS - ORDER DENYING WITHOUT PREJUDICE MOTION TO APPOINT INTERIM CLASS COUNSEL AND RENEWED MOTION FOR INDICATIVE RULING by Judge Dolly M. Gee: On 4/1/2019, William C. Hearon and Ahmed Ibrahim ("Attorney Movants") filed a Motion for Appointment of Interim Co-Lead Class Counsel, and scheduled it for a hearing on 5/3/2019 at 9:30 AM #603 . The notice of motion admits that the Attorney Movants did not discharge their obligation to meet and confer under Local Rule 7-3 at least seven days prior to filing the motion. Similarly, the Receiver of Egan Avenatti filed a Renewed Motion for Indicative Ruling that is scheduled for a hearing at the same date and time, wherein he asserts that "[d]ue to exigent circumstances involving current Class Counsel, the Receiver has filed this Motion prior to the completion of locally mandated meet and confer efforts" #606 . Due to counsel's failure to comply with Local Rule 7-3, both motions are DENIED without prejudice to refiling after compliance. The 5/3/2019 hearing is VACATED. If the Attorney Movants and/or the Receiver intend to refile their respective motions, they shall first satisfy the meet and confer requirement with each other and Defense Counsel. Court Reporter: Not Reported. (gk)
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| Filing 606 NOTICE OF MOTION AND MOTION for Ruling Motion for Indicative Ruling RECEIVERS NOTICE OF MOTION AND MOTION FOR INDICATIVE RULING (1) REMOVING EAGAN AVENATTI LLP AND MICHAEL AVENATTI AS CLASS COUNSEL AND (2) APPOINTING JASON M. FRANK, SCOTT H. SIMS AND ANDREW D. STOLPER OF FRANK, SIMS & STOLPER, LLP AS LEAD CLASS COUNSEL filed by Receiver of Eagan Avenatti, LLP Brian Weiss. Motion set for hearing on 5/3/2019 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Brian Weiss in Support, #2 Declaration of Jason M. Frank in Support, #3 Request for Judicial Notice in Support, #4 Proposed Order) (Reitman, Jack) |
| Filing 605 NOTICE OF LODGING filed re [Proposed] Order re NOTICE OF MOTION AND MOTION for Appointment of Counsel Interim Class Counsel #603 (Attachments: #1 Proposed Order)(Ibrahim, Ahmed) |
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Filing 604
MINUTES OF IN CHAMBERS - ORDER DENYING WITHOUT PREJUDICE RECEIVER'S MOTION FOR INDICATIVE RULING by Judge Dolly M. Gee: On 3/31/2019, the Receiver of Eagan Avenatti, LLP filed a Motion for an Indicative Ruling, which is scheduled for a hearing on 5/3/2019 at 9:30 AM #601 . The notice of motion does not contain a statement required by Local Rule 7-3 indicating that counsel conferred at least seven days prior to the filing of the motion. The Receiver also failed to submit a proposed order relating thereto. Due to the Receiver's failure to comply with this Court's Local Rules, the motion is DENIED without prejudice to refiling after compliance. The 5/3/2019 hearing is VACATED. Court Reporter: Not Reported. (gk)
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| Filing 603 NOTICE OF MOTION AND MOTION for Appointment of Counsel Interim Class Counsel filed by Plaintiff Bahamas Surgery Center, LLC. Motion set for hearing on 5/3/2019 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Ahmed Ibrahim, #2 Declaration of Michael Avenatti, #3 Declaration of William C. Hearon, #4 Declaration of Rashel Campos) (Ibrahim, Ahmed) |
| Filing 602 Notice of Appearance or Withdrawal of Counsel: for attorney Ahmed I Ibrahim counsel for Plaintiff Bahamas Surgery Center, LLC. Adding Ahmed Ibrahim as counsel of record for Bahamas Surgery Center, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Bahamas Surgery Center, LLC. (Attorney Ahmed I Ibrahim added to party Bahamas Surgery Center, LLC(pty:pla))(Ibrahim, Ahmed) |
| Filing 601 NOTICE OF MOTION AND MOTION for Ruling Motion for Indicative Ruling RECEIVERS NOTICE OF MOTION AND MOTION FOR INDICATIVE RULING (1) REMOVING EAGAN AVENATTI LLP AND MICHAEL AVENATTI AS CLASS COUNSEL AND (2) APPOINTING JASON M. FRANK, SCOTT H. SIMS AND ANDREW D. STOLPER OF FRANK, SIMS & STOLPER, LLP AS LEAD CLASS COUNSEL filed by Receiver of Eagan Avenatti, LLP Brian Weiss. Motion set for hearing on 5/3/2019 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Affidavit Declaration of Brian Weiss in Support, #2 Affidavit Declaration of Jason M. Frank in Support, #3 Supplement Request for Judicial Notice in Support) (Attorney Jack Andrew Reitman added to party Brian Weiss(pty:bkmov)) (Reitman, Jack) |
| Filing 600 NOTICE OF FILING TRANSCRIPT filed for proceedings 9/18/15 re Transcript #599 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kielwasser, Anne) TEXT ONLY ENTRY |
| Filing 599 TRANSCRIPT for proceedings held on 9/18/15 @ 11a.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number AKtranscripts.com. Tape Number: anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/17/2018. Redacted Transcript Deadline set for 7/27/2018. Release of Transcript Restriction set for 9/24/2018. (Kielwasser, Anne) |
| Filing 598 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Transcript (CV),, #596 (Kielwasser, Anne) |
| Filing 597 NOTICE OF FILING TRANSCRIPT filed for proceedings 9/18/15 re Transcript #596 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kielwasser, Anne) TEXT ONLY ENTRY |
| Filing 596 TRANSCRIPT for proceedings held on 9/18/15 @ 11a.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number AKtranscripts.com. Tape Number: anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/17/2018. Redacted Transcript Deadline set for 7/27/2018. Release of Transcript Restriction set for 9/24/2018. (Kielwasser, Anne) |
| Filing 595 DESIGNATION of Record on Appeal by Defendant Halyard Health, Inc. re #582 (Collins, Daniel) |
| Filing 594 DESIGNATION of Record on Appeal by Defendant Kimberly-Clark Corporation re #580 , #579 (Poon, Julian) |
| Filing 593 TRANSCRIPT ORDER re: Court of Appeals case number 18-55478, as to Defendant Kimberly-Clark Corporation for Court Reporter. Court will contact Jessica Culpepper at jculpepper@gibsondunn.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Poon, Julian) |
| Filing 592 TRANSCRIPT ORDER re: Court of Appeals case number 18-55483, as to Defendant Halyard Health, Inc. for Court Reporter. Court will contact Daniel P. Collins at daniel.collins@mto.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Collins, Daniel) |
| Filing 591 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Cross-Appeal Docket No. 18-55558 assigned to Notice of Appeal to 9th Circuit Court of Appeals #590 as to Plaintiff Bahamas Surgery Center, LLC. (gk) |
| Filing 590 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Bahamas Surgery Center, LLC. Appeal of Order on Motion for Judgment as a Matter of Law,,,,,,,,,,,, Order on Motion to Alter Judgment,,,,,,,,,,,,,,,,, #573 , Minutes of In Chambers Order/Directive - no proceeding held,,,, #577 , Judgment #578 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-21634214.) (Avenatti, Michael) |
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Filing 589
ORDER EXTENDING TIME FOR PLAINTIFF BAHAMAS SURGERY CENTER, LLC TO FILE MOTION FOR ATTORNEYS' FEES AND COSTS by Judge Dolly M. Gee: Upon Stipulation #586 , the Court hereby orders as follows: (1) To the extent that, upon the issuance of the mandate of the Ninth Circuit, there remains a final judgment in Plaintiff's favor, Plaintiff shall file its motion for attorneys' fees and costs within 21 days after the Ninth Circuit issues its mandate; (2) Defendants shall have 21 days to respond to Plaintiff's motion, and Plaintiff shall have 14 days to reply to Defendants' response brief; and (3) This order extends the deadline to file Plaintiff's motion for attorneys' fees and costs beyond any legally required time to file any such motion or application. (gk)
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Filing 588
ORDER APPROVING SUPERSEDEAS UNDERTAKING ON APPEAL FOR DEFENDANT HALYARD HEALTH, INC. by Judge Dolly M. Gee: The Court has reviewed and considered the proposed supersedeas undertaking on appeal lodged by Defendant Halyard Health, Inc. #585 . The Court finds that the proposed undertaking is in proper form and is adequate to protect Plaintiff and the class during the pendency of Halyard's appeal of the Amended Judgment entered on 4/11/2018. The Court hereby approves the aforementioned proposed undertaking, which shall be deemed approved and filed as of the date of this Order. Pursuant to Federal Rule of Civil Procedure 62(d), the Judgment shall be stayed as to Halyard pending the final disposition of Halyard's appeal of the Judgment. (gk)
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Filing 587
ORDER APPROVING SUPERSEDEAS UNDERTAKING ON APPEAL FOR DEFENDANT KIMBERLY-CLARK CORPORATION by Judge Dolly M. Gee: The Court has reviewed and considered the proposed supersedeas undertaking on appeal posted by Defendant Kimberly-Clark Corporation #584 . The Court finds that the proposed undertaking is in proper form and is adequate to protect Plaintiff and the class during the pendency of Kimberly-Clark's appeal of the Judgment entered on 4/11/2018. The Court hereby approves the aforementioned proposed undertaking, which shall be deemed approved and filed as of the date of this Order. Pursuant to Federal Rule of Civil Procedure 62(d), the Judgment shall be stayed as to Kimberly-Clark pending the final disposition of Kimberly-Clark's appeal of the Judgment. (gk)
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| Filing 586 Joint STIPULATION for Extension of Time to File Motion for Attorneys' Fees and Costs filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 585 Supersedeas Undertaking BOND in the amount of $ 1,743,089.26 posted by Defendant Halyard Health, Inc. (Attachments: #1 Exhibit A (Proposed Supersedeas Undertaking), #2 Exhibit B (LR 65-5 Certificate By Attorney), #3 Proposed Order) (Collins, Daniel) |
| Filing 584 Supersedeas Undertaking BOND in the amount of $ $26,370,413.30 posted by Defendant Kimberly-Clark Corporation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order, #5 Certificate of Service) (Poon, Julian) |
| Filing 583 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-55483 assigned to Notice of Appeal to 9th Circuit Court of Appeals #582 as to Defendant Halyard Health, Inc. (gk) |
| Filing 582 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant Halyard Health, Inc.. Appeal of Judgment,, #530 , Order on Motion for Judgment as a Matter of Law,,,,,,,,,,,, Order on Motion to Alter Judgment,,,,,,,,,,,,,,,,, #573 , Minutes of In Chambers Order/Directive - no proceeding held,,,, #577 , Judgment #578 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-21581738.) (Collins, Daniel) |
| Filing 581 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-55478 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #579 as to Defendant Kimberly-Clark Corporation. (lom) |
| Filing 580 First AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Defendant Kimberly-Clark Corporation. (Boutrous, Theodore) |
| Filing 579 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant Kimberly-Clark Corporation. Appeal of Order on Motion for Judgment as a Matter of Law,,,,,,,,,,,, Order on Motion to Alter Judgment,,,,,,,,,,,,,,,,, #573 , Minutes of In Chambers Order/Directive - no proceeding held,,,, #577 , Judgment #578 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-21574266.) (Boutrous, Theodore) |
| Filing 578 AMENDED JUDGMENT by Judge Dolly M. Gee. (See order for details.) (kti) |
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Filing 577
MINUTE (IN CHAMBERS) AMENDED ORDER RE DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW; MOTION FOR A NEW TRIAL, REMITTITUR, OR AMENDMENT OF JUDGMENT; AND POST-TRIAL MOTION TO DECERTIFY THE CLASS #488 #489 #535 #536 #537 by Judge Dolly M. Gee: In light of the foregoing, the Court DENIES Defendants' motions for judgment as a matter of law #488 #489 #535 . Defendants' motion for new trial, remittitur, or amendment of the judgment is also DENIED, except to the extent that the Court GRANTS in part Defendants' motion to amend the judgment to reduce the punitive damages award #536 . Concurrent with the filing of this Amended Order, the Court shall amend the judgment such that the punitive damages award as to Defendant Kimberly-Clark shall be reduced from $350 million to $19,446,635 and, as to Defendant Halyard Health, it shall be reduced from $100 million to $1,307,225. Finally, the Court DENIES Defendants' motion to decertify the class #537 . IT IS SO ORDERED. (See order for details.) (kti)
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| Filing 576 STATEMENT CONCERNING PLAINTIFF'S RESPONSE filed by Defendant Kimberly-Clark Corporation re: Response #575 . (Attachments: #1 Proof of Service)(Boutrous, Theodore) |
| Filing 575 RESPONSE filed by Plaintiff Bahamas Surgery Center, LLCto Order on Motion for Judgment as a Matter of Law,,,,,,,,,,,, Order on Motion to Alter Judgment,,,,,,,,,,,,,,,,, #573 (Avenatti, Michael) |
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Filing 574
MINUTES (IN CHAMBERS) ORDER RE DEFENDANTS' MOTION FOR A 30-DAY EXTENSION OF STAY OF EXECUTION OF JUDGMENT PENDING FILING OF APPELLATE BOND OR UNDERTAKING #563 by Judge Dolly M. Gee: Accordingly, IT IS ORDERED that Defendants' motion for a 30-day extension of the current stay of execution of the judgment is GRANTED. The stay of execution on the judgment is hereby extended to 30 days after the filing of the Court's ruling on the post-trial motions. (See order for details.) (kti)
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Filing 573
MINUTES (IN CHAMBERS) ORDER RE DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW; MOTION FOR A NEW TRIAL, REMITTITUR, OR AMENDMENT OF JUDGMENT; AND POST-TRIAL MOTION TO DECERTIFY THE CLASS #488 #489 #535 #536 #537 by Judge Dolly M. Gee: In light of the foregoing, the Court DENIES Defendants' motions for judgment as a matter of law #488 #489 #535 . Defendants' motion for new trial, remittitur, or amendment of the judgment is also DENIED, except to the extent that the Court GRANTS in part Defendants' motion for remittitur, reducing the punitive damages award, contingent upon Plaintiff's acceptance of the remittitur #536 . If Plaintiff accepts the remittitur, the Court shall amend the judgment such that the punitive damages award as to Defendant Kimberly-Clark shall be reduced from $350 million to $19,446,635 and, as to Defendant Halyard Health, it shall be reduced from $100 million to $1,307,225. Absent Plaintiff's acceptance of the remittitur, a new trial will be held, limited to determining the proper amount of the punitive damages award. Plaintiff shall respond to the Court's ruling on remittitur within 10 days, indicating whether it accepts the remittitur and, if not, how it envisions the scope of the new trial. Finally, the Court DENIES Defendants' motion to decertify the class #537 . IT IS SO ORDERED. (See order for details.) (kti)
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| Filing 572 RESPONSE filed by Plaintiff Bahamas Surgery Center, LLCto Notice (Other) #570 Of Supplemental Authority (Avenatti, Michael) |
| Filing 571 CERTIFICATE OF SERVICE filed by defendant Kimberly-Clark Corporation, re Notice (Other) #570 of Supplemental Authority in Support of Defendants' Post-Trial Motion to Decertify the Class served on January 25, 2018. (Boutrous, Theodore) |
| Filing 570 NOTICE of Supplemental Authority in Support of Defendants' Post-Trial Motion to Decertify the Class filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Exhibit A)(Boutrous, Theodore) |
| Filing 569 NOTICE filed by Plaintiff Bahamas Surgery Center, LLC. NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF PLAINTIFF BAHAMAS SURGERY CENTER, LLCS MEMORANDUM IN OPPOSITION TO DEFENDANTS RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW [DKT NO. 544] (Attachments: #1 Exhibit A)(Avenatti, Michael) |
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Filing 568
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendants' Renewed Motion for Judgment as a Matter of Law #535 , Defendants' Motion for New Trial, Remittitur, or Amendment of the Judgment #536 , Defendants' Post-Trial Motion to Decertify the Class #537 , and Defendants' Motion for 30-Day Extension of Stay of Execution of Judgment Pending Filing of Appellate Bond or Undertaking #563 presently scheduled for hearing on August 11, 2017, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motions are taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 567 NOTICE OF ERRATA filed by Plaintiff Bahamas Surgery Center, LLC. correcting Declaration (Motion related),,,, #546 , MEMORANDUM in Opposition to Motion #545 (Avenatti, Michael) |
| Filing 566 REPLY in support of NOTICE OF MOTION AND MOTION to Stay Case pending Filing of Appellate Bond or Undertaking (30-Day Extension of Stay of Execution of Judgment) #563 filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Declaration Daniel P. Collins, #2 Exhibit A)(Poon, Julian) |
| Filing 565 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Stay Case pending Filing of Appellate Bond or Undertaking (30-Day Extension of Stay of Execution of Judgment) #563 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Declaration of Michael J. Avenatti, #2 Exhibit A, #3 Exhibit B)(Avenatti, Michael) |
| Filing 564 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Reply in Support of Defendant's Motion for New Trial, Remittitur, or Amendment of the Judgment filed 6/30/2017 #550 . The following error(s) was found: Local Rule 11-6 Memorandum/brief exceeds 25 pages. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 563 NOTICE OF MOTION AND MOTION to Stay Case pending Filing of Appellate Bond or Undertaking (30-Day Extension of Stay of Execution of Judgment) filed by Defendant Kimberly-Clark Corporation. Motion set for hearing on 8/11/2017 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Daniel P. Collins, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order) (Poon, Julian) |
| Filing 562 NOTICE OF FILING TRANSCRIPT filed for proceedings 3/28, 29, 30, 31, 4/3, 4, 5, 6, 7 / 2017 re Transcript #561 , #556 , #559 , #555 , #560 , #557 , #554 , #558 , #553 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kielwasser, Anne) TEXT ONLY ENTRY |
| Filing 561 TRANSCRIPT for proceedings held on 4/7/17. Court Reporter/Electronic Court Recorder: anne kielwasser, phone number AKtranscripts.com. Tape Number: anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/26/2017. Redacted Transcript Deadline set for 8/7/2017. Release of Transcript Restriction set for 10/3/2017. (Kielwasser, Anne) |
| Filing 560 TRANSCRIPT for proceedings held on 4/6/17. Court Reporter/Electronic Court Recorder: anne kielwasser, phone number AKtranscripts.com. Tape Number: anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/26/2017. Redacted Transcript Deadline set for 8/7/2017. Release of Transcript Restriction set for 10/3/2017. (Kielwasser, Anne) |
| Filing 559 TRANSCRIPT for proceedings held on 4/5/17. Court Reporter/Electronic Court Recorder: anne kielwasser, phone number AKtranscripts.com. Tape Number: anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/26/2017. Redacted Transcript Deadline set for 8/7/2017. Release of Transcript Restriction set for 10/3/2017. (Kielwasser, Anne) |
| Filing 558 TRANSCRIPT for proceedings held on 4/4/17. Court Reporter/Electronic Court Recorder: anne kielwasser, phone number AKtranscripts.com. Tape Number: anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/26/2017. Redacted Transcript Deadline set for 8/7/2017. Release of Transcript Restriction set for 10/3/2017. (Kielwasser, Anne) |
| Filing 557 TRANSCRIPT for proceedings held on 4/3/17. Court Reporter/Electronic Court Recorder: anne kielwasser, phone number AKtranscripts.com. Tape Number: anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/26/2017. Redacted Transcript Deadline set for 8/7/2017. Release of Transcript Restriction set for 10/3/2017. (Kielwasser, Anne) |
| Filing 556 TRANSCRIPT for proceedings held on 3/31/17. Court Reporter/Electronic Court Recorder: anne kielwasser, phone number AKtranscripts.com. Tape Number: anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/26/2017. Redacted Transcript Deadline set for 8/7/2017. Release of Transcript Restriction set for 10/3/2017. (Kielwasser, Anne) |
| Filing 555 TRANSCRIPT for proceedings held on 3/30/17. Court Reporter/Electronic Court Recorder: anne kielwasser, phone number AKtranscripts.com. Tape Number: anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/26/2017. Redacted Transcript Deadline set for 8/7/2017. Release of Transcript Restriction set for 10/3/2017. (Kielwasser, Anne) |
| Filing 554 TRANSCRIPT for proceedings held on 3/29/17. Court Reporter/Electronic Court Recorder: anne kielwasser, phone number AKtranscripts.com. Tape Number: anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/26/2017. Redacted Transcript Deadline set for 8/7/2017. Release of Transcript Restriction set for 10/3/2017. (Kielwasser, Anne) |
| Filing 553 TRANSCRIPT for proceedings held on 3/28/17. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number AKtranscripts.com. Tape Number: anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/26/2017. Redacted Transcript Deadline set for 8/7/2017. Release of Transcript Restriction set for 10/3/2017. (Kielwasser, Anne) |
| Filing 552 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plaintiff's Memorandum in Opposition to Defendants' Motion for a New Trial, Remittitur, or Amendment of the Judgment filed 6/16/2017 #542 . The following error(s) was found: Local Rule 11-6 Memorandum/brief exceeds 25 pages. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 551 REPLY in support of NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,, #530 . Post-Trial Motion to Decertify the Class #537 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Alexander G. Calfo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H (Part One), #10 Exhibit H (Part Two), #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T (Part One), #23 Exhibit T (Part Two))(Calfo, Alexander) |
| Filing 550 REPLY in support of NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,, #530 . Motion for New Trial, Remittitur or Amendment of the Judgment #536 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Alexander G. Calfo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Calfo, Alexander) |
| Filing 549 REPLY in support of NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,, #530 . Renewed Motion for Judgment as a Matter of Law #535 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Alexander G. Calfo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I (Part One), #11 Exhibit I (Part Two), #12 Exhibit J)(Calfo, Alexander) |
| Filing 548 NOTICE OF ERRATA filed by Plaintiff Bahamas Surgery Center, LLC. correcting MEMORANDUM in Opposition to Motion #544 (Avenatti, Michael) |
| Filing 547 Notice of Appearance or Withdrawal of Counsel: for attorney Alexander G Calfo counsel for Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Geoffrey M. Ezgar is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Kimberly-Clark Corporation; Halyard Health, Inc.. (Calfo, Alexander) |
| Filing 546 DECLARATION of Michael J. Avenatti In Opposition to Defendants' Motions (1) For a New Trial; (2) For Judgment as a matter of Law; and (3) to Decertify the Class NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,, #530 . Motion for New Trial, Remittitur or Amendment of the Judgment #536 , NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,, #530 . Renewed Motion for Judgment as a Matter of Law #535 , NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,, #530 . Post-Trial Motion to Decertify the Class #537 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit)(Avenatti, Michael) |
| Filing 545 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,, #530 . Post-Trial Motion to Decertify the Class #537 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 544 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,, #530 . Renewed Motion for Judgment as a Matter of Law #535 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 543 DECLARATION of Dr. Michael A. Williams In Support of Memorandum In Opposition to Defendants' Motion for New Trial, Remittitur, or Amendment of the Judgment NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,, #530 . Motion for New Trial, Remittitur or Amendment of the Judgment #536 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit 1-5)(Avenatti, Michael) |
| Filing 542 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,, #530 . Motion for New Trial, Remittitur or Amendment of the Judgment #536 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
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Filing 541
ORDER by Judge Dolly M. Gee, re Stipulation to Exceed Page Limitation, #540 . Upon consideration of the parties JOINT STIPULATION TO MODIFY THE NUMBER OF PAGES THAT MAY BE ALLOCATED BY THE PARTIES AMONG THE REMAINING POST-TRIAL BRIEFING TO BE FILED WITH THE COURT, and for good cause shown, the Court hereby orders as follows: The Courts prior order [Doc. # 515] approving the parties agreement as to page limitations for their respective post-trial briefing [Doc. # 512 at 2] is modified to permit each side to reallocate by up to seven (7) pages the number of pages used by them in said post-trial briefing that will be filed with the Court. (shb)
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| Filing 540 STIPULATION to Exceed Page Limitation as to THE NUMBER OF PAGES THAT MAY BE ALLOCATED BY THE PARTIES AMONG THE REMAINING POST-TRIAL BRIEFING TO BE FILED WITH THE COURT filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Proposed Order Modifying the Number of Pages)(Avenatti, Michael) |
| Filing 539 STATEMENT - Joint Statement In Response to Order to Show Cause filed by Plaintiff Bahamas Surgery Center, LLC re: Order to Show Cause, #538 . (Attachments: #1 Exhibit A to Joint Statement, #2 Declaration of Stephen B. Devereaus ISO Joint Statement)(Avenatti, Michael) |
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Filing 538
MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT IMPOSE SANCTIONS AGAINST THE PARTIES' COUNSEL FOR VIOLATION OF LOCAL RULE 83-1.3.1 by Judge Dolly M. Gee. The parties counsel are hereby ORDERED TO SHOW CAUSE why the Court should not sanction them for violating Local Rule 83-1.3.1. The parties shall file a joint response by June 12, 2017. IT IS SO ORDERED. (See order for details.) (kti)
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| Filing 537 NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,, #530 . Post-Trial Motion to Decertify the Class filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Motion set for hearing on 8/11/2017 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Alexander Calfo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H - Part 1, #10 Exhibit H - Part 2, #11 Exhibit I, #12 Exhibit J, #13 Proposed Order) (Calfo, Alexander) |
| Filing 536 NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,, #530 . Motion for New Trial, Remittitur or Amendment of the Judgment filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Motion set for hearing on 8/11/2017 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Alexander Calfo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Proposed Order) (Calfo, Alexander) |
| Filing 535 NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,, #530 . Renewed Motion for Judgment as a Matter of Law filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Motion set for hearing on 8/11/2017 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Alexander Calfo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y - Part 1, #27 Exhibit Y - Part 2, #28 Exhibit Z, #29 Exhibit AA, #30 Exhibit BB, #31 Exhibit CC, #32 Proposed Order) (Calfo, Alexander) |
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Filing 534
ORDER by Judge Dolly M. Gee: Granting Application of Non-Resident Attorney Donald B Verrilli to Appear Pro Hac Vice on behalf of Defendant Halyard Health, Inc, designating Daniel P. Collins as local counsel #533 . (iv)
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| Filing 533 APPLICATION of Non-Resident Attorney Donald B. Verrilli to Appear Pro Hac Vice on behalf of Defendant Halyard Health, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19906235) filed by Defendant Halyard Health, Inc.. (Attachments: #1 Proposed Order Granting Pro Hac Vice Application) (Collins, Daniel) |
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Filing 532
ORDER SETTING BRIEFING SCHEDULE ON PLAINTIFF BAHAMAS SURGERY CENTER, LLC'S MOTION FOR ATTORNEYS' FEES by Judge Dolly M. Gee: Upon the parties' Joint Stipulation #531 , the Court hereby orders that Plaintiff's deadline to file its motion for attorneys' fees and costs is to be set for 14 days after the Court issues its last ruling on Defendants' Post-Trial Motions. Defendants' Opposition shall be due 14 days after Plaintiff files its Motion. Plaintiff's Reply shall be due 14 days after Defendants file their Opposition. (gk)
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| Filing 531 JOINT STIPULATION RE: BRIEFING SCHEDULE ON PLAINTIFF'S MOTION FOR ATTORNEYS' FEES filed by Plaintiff Bahamas Surgery Center, LLC (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 530 JUDGMENT by Judge Dolly M. Gee. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that judgment is entered in favor of Plaintiff Bahamas Surgery Center, LLC and class members, and against Defendants Kimberly-Clark Corporation and Halyard Health, Inc. in the following amounts: (1) $3,889,327 in compensatory damages, $1,062,391.75 in prejudgment interest, and $350 million in punitive damages against Kimberly-Clark; and (2) $261,445 in compensatory damages, $43,788.99 in prejudgment interest, and $100 million in punitive damages against Halyard Health. (MD JS-6, Case Terminated). (kti) |
| Filing 529 FINDINGS OF FACT AND CONCLUSIONS OF LAW by Judge Dolly M. Gee. In light of the foregoing, the Court finds in favor of Plaintiff and against Defendants on Plaintiffs UCL claim. Nevertheless, because Plaintiff fails to meet the standard for equitable relief, the Court DENIES Plaintiffs request for restitution and injunctive relief. The Court will enter Judgment accordingly. (See document for details.) (kti) |
| Filing 528 Sur-Reply filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation re: Post-Trial Brief Regarding Entitlement to Equitable Relief re: Miscellaneous Document, #517 , Order on Motion for Leave to File Document,, #526 , Reply, #527 (Romano, Julia) |
| Filing 527 REPLY filed by Plaintiff Bahamas Surgery Center, LLC to Miscellaneous Document, #517 , Order on Motion for Leave to File Document,, #526 Plaintiff Bahamas' Reply to Defendants' Response to Post-Trial Brief Regarding Entitlement to Equitable Relief (Attachments: #1 Exhibit Exhibit A - [Proposed] Injunction)(Avenatti, Michael) |
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Filing 526
ORDER GRANTING PLAINTIFF BAHAMAS SURGERY CENTER, LLC'S EX PARTE APPLICATION FOR LEAVE TO FILE REPLY TO DEFENDANTS' RESPONSE TO POST-TRIAL BRIEF REGARDING ENTITLEMENT TO EQUITABLE RELIEF by Judge Dolly M. Gee: Upon Plaintiff Bahamas Surgery Center, LLC's Ex Parte Application for Leave to File Reply to Defendants' Response to Post-Trial Brief Regarding Entitlement to Equitable Relief #523 , the Court hereby orders as follows: Plaintiff is granted leave to file a reply brief in response to Defendants' Response to Post-Trial Brief Regarding Entitlement to Equitable Relief #521 . Plaintiff's reply shall be filed on or before 5/10/2017. Defendants may file a sur-reply by 5/12/2017. (gk)
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| Filing 525 REPLY In Support of Plaintiff Bahamas Surgery Center, LLC's EX PARTE APPLICATION for Leave to file Plaintiff Bahamas' Reply Brief, by Wednesday, May 10, 2017, that is no longer than 15 pages #523 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 524 Opposition re: EX PARTE APPLICATION for Leave to file Plaintiff Bahamas' Reply Brief, by Wednesday, May 10, 2017, that is no longer than 15 pages #523 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Romano, Julia) |
| Filing 523 EX PARTE APPLICATION for Leave to file Plaintiff Bahamas' Reply Brief, by Wednesday, May 10, 2017, that is no longer than 15 pages filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Declaration of Michael J. Avenatti, #2 Proposed Order) (Avenatti, Michael) |
| Filing 522 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance of Counsel Stuart B. Esner filed 4/21/2017 #514 . The following error(s) was found: Case number is incorrect or missing. The face of the document reflects the wrong case number, 2:14-cv-08329 DMG. Incorrect event selected. The correct event is: Notices - Notice of Appearance or Withdrawal of Counsel (G-123). The filer used the event, Miscellaneous Document, for docketing this filing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 521 RESPONSE filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporationto Miscellaneous Document, #517 , Minutes of In Chambers Order/Directive - no proceeding held #515 Defendants' Response to Plaintiff's Post-Trial Brief Regarding Entitlement to Equitable Relief (Romano, Julia) |
| Filing 520 NOTICE of Appearance filed by attorney Matthew K Donohue on behalf of Defendant Halyard Health, Inc. (Attorney Matthew K Donohue added to party Halyard Health, Inc.(pty:dft))(Donohue, Matthew) |
| Filing 519 NOTICE of Appearance filed by attorney Lauren Claire Barnett on behalf of Defendant Halyard Health, Inc. (Attorney Lauren Claire Barnett added to party Halyard Health, Inc.(pty:dft))(Barnett, Lauren) |
| Filing 518 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel Paul Collins counsel for Defendant Halyard Health, Inc.. Adding Daniel Paul Collins as counsel of record for Halyard Health, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Halyard Health, Inc.. (Attorney Daniel Paul Collins added to party Halyard Health, Inc.(pty:dft))(Collins, Daniel) |
| Filing 517 Plaintiff Bahamas Surgery Center, LLC's Post-Trial Brief Re Entitlement to Equitable Relief re: Minutes of In Chambers Order/Directive - no proceeding held #515 (Attachments: #1 Declaration of Michael J. Avenatti)(Avenatti, Michael) |
| Filing 516 Joint Stipulation re Prejudgment Interest as Ordered by the Court re: Minutes of In Chambers Order/Directive - no proceeding held #515 (Avenatti, Michael) |
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Filing 515
MINUTE (IN CHAMBERS) ORDER RE BRIEFING SCHEDULE by Judge Dolly M. Gee. (See order for details.) (kti)
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| Filing 514 Notice of Appearance filed by Plaintiff Bahamas Surgery Center, LLC adding Stuart B. Esner as counsel of record for Plaintiff (Avenatti, Michael) |
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Filing 513
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05 (Related Case) filed. Transfer of case declined by Judge John A. Kronstadt, for the reasons set forth on this order. Related Case No. 2:14-cv-08313 JAK(JPRx) (rn)
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| Filing 512 JOINT STATUS REPORT of Post-Trial Motions and Equitable Claims filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Romano, Julia) |
| Filing 511 Notice of Appearance or Withdrawal of Counsel: for attorney Theano Evangelis Kapur counsel for Defendant Kimberly-Clark Corporation. Adding Theane Evangelis as counsel of record for Kimberly-Clark Corporation for the reason indicated in the G-123 Notice. Filed by Defendant Kimberly-Clark Corporation. (Attorney Theano Evangelis Kapur added to party Kimberly-Clark Corporation(pty:dft))(Kapur, Theano) |
| Filing 510 Notice of Appearance or Withdrawal of Counsel: for attorney Julian Wing-Kai Poon counsel for Defendant Kimberly-Clark Corporation. Adding Julian W. Poon as counsel of record for Kimberly-Clark for the reason indicated in the G-123 Notice. Filed by Defendant Kimberly-Clark. (Attorney Julian Wing-Kai Poon added to party Kimberly-Clark Corporation(pty:dft))(Poon, Julian) |
| Filing 509 Notice of Appearance or Withdrawal of Counsel: for attorney Theodore J Boutrous, Jr counsel for Defendant Kimberly-Clark Corporation. Adding Theodore J. Boutrous, Jr. as counsel of record for Kimberly-Clark for the reason indicated in the G-123 Notice. Filed by Defendant Kimberly-Clark. (Attorney Theodore J Boutrous, Jr added to party Kimberly-Clark Corporation(pty:dft))(Boutrous, Theodore) |
| Filing 508 Video Deposition Transcript Clips As Played During Plaintiffs' Closing Argument (Avenatti, Michael) |
| Filing 507 Video Deposition Transcript Clips As Submitted For Rulings On Objections Prior To Being Played At Trial (Avenatti, Michael) |
| Filing 506 Video Deposition Transcript Clips As Played At Trial (Attachments: #1 Exhibit D-J)(Avenatti, Michael) |
| Filing 505 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stipulation of counsel and/or by Order of the Court, all exhibits listed on plaintiff's/defendants exhibits list are returned to counsel for respective party(ies). (gk) |
| Filing 504 LIST OF EXHIBITS AND WITNESSES at trial. (Attachments: #1 Part 2) (gk) |
| Filing 503 UNREDACTED VERDICT FORM as to Defendant Halyard Health, Inc. Re: Redacted Verdict Form #502 . (gk) |
| Filing 502 REDACTED VERDICT FORM as to Defendant Halyard Health, Inc. (gk) |
| Filing 501 UNREDACTED VERDICT FORM as to Defendant Kimberly-Clark Re: Redacted Verdict Form #500 . (gk) |
| Filing 500 REDACTED VERDICT FORM as to Defendant Kimberly-Clark. (gk) |
| Filing 499 UNREDACTED Jury Note Number 2 filed Re: Redacted Jury Note #498 . (gk) |
| Filing 498 REDACTED Jury Note Number 2 filed. (gk) |
| Filing 497 UNREDACTED Jury Note Number 1 filed Re: Redacted Jury Note #496 . (gk) |
| Filing 496 REDACTED Jury Note Number 1 filed. (gk) |
| Filing 495 VERDICT FORM (Blank) as to Defendant Halyard Health, Inc. (gk) |
| Filing 494 VERDICT FORM (Blank) as to Defendant Kimberly-Clark. (gk) |
| Filing 493 JURY INSTRUCTIONS (Given) by Judge Dolly M. Gee. (gk) |
| Filing 492 PRELIMINARY INSTRUCTIONS (Given) by Judge Dolly M. Gee. (gk) |
| Filing 491 MINUTES OF Jury Trial - 9th Day held and completed before Judge Dolly M. Gee: Closing arguments made. Court instructs jury. Bailiff(s) sworn. Jury retires to deliberate. Jury Verdict in favor of plaintiff(s) is read and filed. Jury polled. Filed Witness & Exhibit Lists. Filed jury notes. Filed jury instructions. Defendants' oral motion for a mistrial is DENIED for reasons as stated on the record. The Court receives jury note nos. 1-2, and meets and confers with counsel as to each. The parties are ordered to meet and confer to file stipulation on post-trial motions schedule or a joint status report. The parties shall also notify the court in a joint status report regarding how they wish to proceed on the equitable claims. Court Reporter: Anne Kielwasser. (gk) |
| Filing 489 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Insufficient Evidence filed by Defendant Halyard Health, Inc.. (Attachments: #1 Memorandum of Points & Authorities, #2 Proposed Order) (Romano, Julia) |
| Filing 488 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Insufficient Evidence filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Memorandum of Points & Authorities, #2 Proposed Order) (Romano, Julia) |
| Filing 490 MINUTES OF Jury Trial - 8th Day held before Judge Dolly M. Gee: Witnesses called, sworn and testified. Exhibits identified and admitted. After hearing argument, and for reasons stated on the record, the Court DENIES Plaintiff's oral motion to strike JD Hurdle's testimony. The Court DENIES Plaintiff's motion to strike the testimony of Dr. Laurence Baker #479 and DENIES Defendant's motion for judgment as a matter of law as to Plaintiff's partial refund damages model #475 . The Court DENIES Defendants' motion for judgment as a matter of law under Rule 50(a) as to class claim against Halyard Health for reasons stated on the record #476 . The Court reserves ruling on Defendants' renewed motion for judgment as a matter of law under Rule 50(a) #488 , #489 at the conclusion of Defendants' case-in-chief. A briefing schedule will be set after the trial, if necessary. Defendants orally move to withdraw their affirmative defense of failure to mitigate damages. Plaintiff orally moves to dismiss the intentional misrepresentation individual claim as to Defendant Kimberly-Clark without prejudice. The Court and the parties discuss jury instructions and verdict forms. Jury Trial continued to 4/7/2017 08:00 AM before Judge Dolly M. Gee. Court Reporter: Anne Kielwasser. (gk) |
| Filing 487 MEMORANDUM of Points and Authorities in Support filed by Plaintiff Bahamas Surgery Center, LLC. Proffer in Support of Including A Portion of the Court's Proposed Jury Instruction No. 22 Re: Concealment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Avenatti, Michael) |
| Filing 486 PROPOSED JURY INSTRUCTIONS filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.. (Calfo, Alexander) |
| Filing 485 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum of Points and Authorities in Opposition, #477 , Memorandum of Points and Authorities in Opposition, #478 , Memorandum of Points and Authorities in Support, #479 . The following error(s) was found: Incorrect event selected. The correct event is: Memorandum in Opposition to Motion; strike. See Other. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) |
| Filing 484 Proffer and Motion by Defendants to Admit Contract Exhibits filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation (Romano, Julia) |
| Filing 483 PROPOSED JURY INSTRUCTIONS (Additional Proposed Special set) filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.. (Romano, Julia) |
| Filing 482 BRIEF filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Opposition regarding Memorandum of Points and Authorities in Support, #479 . (Attachments: #1 Exhibit A, #2 Exhibit B)(Romano, Julia) |
| Filing 479 MEMORANDUM of Points and Authorities in Support filed by Plaintiff Bahamas Surgery Center, LLC. Motion to Strike Expert Trial Testimony of Dr. Laurence Baker and for a Curative Jury Instruction (Attachments: #1 Exhibit A)(Avenatti, Michael) |
| Filing 478 MEMORANDUM of Points and Authorities in Opposition filed by Plaintiff Bahamas Surgery Center, LLC. Re: NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Insufficient Evidence of Damages #475 (Attachments: #1 Exhibit A)(Avenatti, Michael) |
| Filing 477 MEMORANDUM of Points and Authorities in Opposition filed by Plaintiff Bahamas Surgery Center, LLC. Re: NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Unsufficient Evidence #476 (Attachments: #1 Exhibit A)(Avenatti, Michael) |
| Filing 481 MINUTES OF Jury Trial - 7th Day held before Judge Dolly M. Gee. Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued to April 6, 2017 at 8:00 a.m. for further trial. The Court GRANTS Plaintiff's unopposed oral motion to dismiss Plaintiff's individual intentional misrepresentation claim against Defendant Halyard Health Inc. Plaintiff orally moves to strike the testimony of Dr. Laurence Baker (Motion). Plaintiff shall file any brief in support of the Motion by 8:00 a.m. on April 6, 2017. Defendants shall file their opposition by noon on April 6, 2017. Court Reporter: Anne Kielwasser. (lom) Modified on 4/6/2017 (lom). |
| Filing 476 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Unsufficient Evidence filed by Defendant Halyard Health, Inc.. (Attachments: #1 Memorandum, #2 Proposed Order) (Calfo, Alexander) |
| Filing 475 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Insufficient Evidence of Damages filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Memorandum, #2 Proposed Order) (Calfo, Alexander) |
| Filing 480 MINUTES OF Jury Trial - 6th Day held before Judge Dolly M. Gee. Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff(s) rest. Case continued to April 5, 2017 at 7:45 a.m. for further trial. After Plaintiff rested, Defendants orally moved for judgment as a matter of law under Rule 50(a) (Motions) for reasons stated on the record. Defendants shall file any brief in support their Motions by 8:00 a.m. on April 5, 2017. Plaintiff shall file their opposition by no later than 8:00 a.m. on April 6, 2017. Court Reporter: Anne Kielwasser. (lom) |
| Filing 474 MINUTES OF Jury Trial - 5th Day held before Judge Dolly M. Gee: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 4/4/2017 08:30 AM before Judge Dolly M. Gee. Court Reporter: Anne Kielwasser. (gk) |
| Filing 472 BRIEF filed by Plaintiff Bahamas Surgery Center, LLC. In Support of Objection to Live Testimony of Witnesses Friedman and Weber (Avenatti, Michael) |
| Filing 470 JOINT Exhibit List Stipulation to Admissibility of Certain Exhibits filed by Plaintiff Bahamas Surgery Center, LLC.. (Avenatti, Michael) |
| Filing 469 BRIEF filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Concerning Plaintiff's Impending Exhaustion of 12-hour Time Limitation Imposed by Court (Attachments: #1 Declaration of Alexander Calfo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(Calfo, Alexander) |
| Filing 468 MEMORANDUM of Points and Authorities in Opposition filed by Plaintiff Bahamas Surgery Center, LLC. Re: Brief (non-motion non-appeal) #467 (Avenatti, Michael) |
| Filing 467 BRIEF filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Regarding Testimony of Rolando Ferrera (Attachments: #1 Declaration of Matthew H. Baughman)(Calfo, Alexander) |
| Filing 473 MINUTES OF Jury Trial - 4th Day held before Judge Dolly M. Gee: Witnesses called, sworn and testified. Exhibits identified and admitted. Supplemental briefs, of no more than five pages, shall be submitted Defendants by 4/1/2017 at 5:00 PM and by Plaintiff by 4/2/2017 at 5:00 PM. Jury Trial continued to 4/3/2017 08:00 AM before Judge Dolly M. Gee. Court Reporter: Anne Kielwasser. (gk) |
| Filing 466 Amended PRETRIAL STIPULATION regarding Exhibits (Corrected). (Calfo, Alexander) |
| Filing 465 BRIEF filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. on Testimony of Caitlin Murry (Romano, Julia) |
| Filing 464 BRIEF filed by Plaintiff Bahamas Surgery Center, LLC. Proffer re: Caitlin Murry regarding Jury Trial - Held and Continued #463 . (Avenatti, Michael) |
| Filing 471 MINUTES OF Jury Trial - 3rd Day held before Judge Dolly M. Gee: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 3/31/2017 08:15 AM before Judge Dolly M. Gee. Court Reporter: Anne Kielwasser. (gk) |
| Filing 461 AMENDED Exhibit List Joint Exhibit List filed by Plaintiff Bahamas Surgery Center, LLC.. (Avenatti, Michael) |
| Filing 460 PRETRIAL STIPULATION regarding Exhibits filed by Plaintiff Bahamas Surgery Center, LLC.(Avenatti, Michael) |
| Filing 463 MINUTES OF Jury Trial - 2nd Day held before Judge Dolly M. Gee: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 3/30/2017 08:00 AM before Judge Dolly M. Gee. Court Reporter: Anne Kielwasser. (gk) |
| Filing 462 MINUTES OF Jury Trial - 1st Day held before Judge Dolly M. Gee: Jury impaneled and sworn. Opening statements made. The Court GRANTS Plaintiff oral motion in limine to exclude any mention of Eagan Avenatti, LLP's bankruptcy. After opening statements, Plaintiff move for a mistrial ("Motion"). The Court hears argument. For the reasons stated on the record, the Motion is DENIED. Jury Trial continued to 3/29/2017 08:15 AM before Judge Dolly M. Gee. Court Reporter: Anne Kielwasser. (gk) |
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Filing 459
ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney William C. Hearon to Appear Pro Hac Vice on behalf of Plaintiff Bahamas Surgery Center, LLC, designating Michael J. Avenatti as local counsel #455 . (gk)
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| Filing 458 Amendment to APPLICATION of Non-Resident Attorney William C. Hearon to Appear Pro Hac Vice on behalf of Plaintiff Bahamas Surgery Center, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19577413) #455 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 457 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney William C. Hearon to Appear Pro Hac Vice on behalf of Plaintiff Bahamas Surgery Center, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19577413) #455 . The following error(s) was/were found: Superseded version of Form G-64 used. Local Rule 5-4.3.4 Application not hand-signed. Date GSC issued is corrupted. (lt) |
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Filing 456
MINUTES OF IN CHAMBERS - ORDER GRANTING EX PARTE APPLICATION TO QUASH SUBPOENAS SERVED ON KEVIN FRIEDMAN AND MARY WEBER by Judge Dolly M. Gee: Defendants Kimberly-Clark Corporation and Halyard Health, Inc.'s Ex Parte Application to quash subpoenas served on Kevin Friedman and Mary Weber #453 is GRANTED. See document for details. Court Reporter: Not Reported. (gk)
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| Filing 455 APPLICATION of Non-Resident Attorney William C. Hearon to Appear Pro Hac Vice on behalf of Plaintiff Bahamas Surgery Center, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19577413) filed by Plaintiff Bahamas Surgery Center, LLC. (Attach ments: #1 Proposed Order) (Avenatti, Michael) |
| Filing 454 MEMORANDUM in Opposition to EX PARTE APPLICATION to Quash Trial Subpoena for Dr. Kevin Friedman and Mary Weber #453 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 453 EX PARTE APPLICATION to Quash Trial Subpoena for Dr. Kevin Friedman and Mary Weber filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Memorandum, #2 Declaration of Bradley Pratt, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Proposed Order) (Calfo, Alexander) |
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Filing 452
MINUTES (IN CHAMBERS) ORDER RE DEFENDANTS EX PARTE APPLICATION TO DECERTIFY THE CLASS #420 by Judge Dolly M. Gee: In light of the foregoing, the Court DENIES Defendants ex parte application to decertify the class. The Court also DENIES Defendants other alternative proposals (i.e., appoint special settlement counsel for Court-ordered mediation). See Def. Ex Parte App at 20-21. IT IS SO ORDERED. (See order for details.) (kti)
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Filing 450
AMENDED FINAL PRETRIAL CONFERENCE ORDER approved by Judge Dolly M. Gee. (See order for details.) (kti)
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Filing 451
ORDER by Judge Dolly M. Gee: Granting Application of Non-Resident Attorney Arthur J. Steinberg to Appear Pro Hac Vice on behalf of Defendant Kimberly-Clark Corporation and Halyard Health, Inc, designating Alexander G. Calfo as local counsel #442 . (iv)
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| Filing 449 SEALED REPLY RE SEALED EX PARTE APPLICATION to Decertify the Class, or in the Alternative, to Implement Measures to Protect the Class and Defendants re Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,, #418 #420 , Order on Motion for Leave to File Document Under Seal, #448 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.(Romano, Julia) |
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Filing 448
MINUTES OF IN CHAMBERS - ORDER RE APPLICATION TO SEAL by Judge Dolly M. Gee: The Court GRANTS Defendants' application to seal a document in connection with its ex parte application #440 as to the following document: Defendants' Reply in support of its ex parte application to decertify the class. Defendant shall e-file the unredacted document consistent with this Order by 10:00 AM on 3/24/2017. Court Reporter: Not Reported. (gk)
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Filing 447
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFFS MOTION FOR IN CAMERA REVIEW #378 #424 by Judge Dolly M. Gee: Accordingly, while the Court GRANTS Plaintiffs in camera review motion, it finds that the Disputed Paragraph is privileged and will bar Plaintiff from introducing the Disputed Paragraph at trial. IT IS SO ORDERED. (See order for details.) (kti)
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Filing 446
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Plaintiff Bahamas Surgery Center, LLCs Motion Seeking Permission for In Camera Review of Allegedly Privileged Document Produced During Discovery #378 #424 presently scheduled for hearing on March 24, 2017, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 445 SEALED DOCUMENT Supplemental Brief in Support re NOTICE OF MOTION AND MOTION for Order for Seeking Permission for In Camera Review #378 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,, #439 filed by Plaintiff Bahamas Surgery Center, LLC.(Avenatti, Michael) |
| Filing 444 SEALED DOCUMENT Supplemental Declaration Avenatti re Sealed Opposition, #443 , Minutes of In Chambers Order/Directive - no proceeding held, #426 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,, #439 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Declaration Williams, #2 Declaration Stewart, #3 Declaration Stull)(Avenatti, Michael) |
| Filing 443 SEALED OPPOSITION RE APPLICATION to file document Defendants' Ex Parte Application To Decertify The Class Or In The Alternative To Implement Measures To Protect The Class And Defendants under seal #411 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,, #439 filed by Plaintiff Bahamas Surgery Center, LLC.(Avenatti, Michael) |
| Filing 442 APPLICATION of Non-Resident Attorney Arthur J. Steinberg to Appear Pro Hac Vice on behalf of Defendants Halyard Health, Inc., Kimberly-Clark Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19561151) filed by Defendants Halyard Hea lth, Inc., Kimberly-Clark Corporation. (Attachments: #1 Letter of Good Standing, #2 Proposed Order) (Calfo, Alexander) |
| Filing 441 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Reply Brief in Support of Defendants Ex Parte Application to Decertify The Class or in the Alternative to Implement Measures to Protect the Class and Defendants under seal #440 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Unredacted Document Defendants' Reply Brief In Support Of Ex Parte Application To Decertify The Class Or In The Alternative To Implement Measures To Protect The Class And Defendants)(Romano, Julia) |
| Filing 440 APPLICATION to file document Reply Brief in Support of Defendants Ex Parte Application to Decertify The Class or in the Alternative to Implement Measures to Protect the Class and Defendants under seal filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Proposed Order)(Romano, Julia) |
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Filing 439
MINUTES OF IN CHAMBERS - ORDER RE APPLICATIONS TO SEAL by Judge Dolly M. Gee: Having reviewed and considered Plaintiff's applications to seal various documents in connection with Defendants' ex parte application and Plaintiff's in camera review motion #422 , #429 , #433 , the Court GRANTS the sealing applications as to the following documents: Plaintiff's opposition to Defendants' ex parte application; Plaintiff's supplemental declarations in support of its opposition to Defendants' ex parte application; and Plaintiff's supplemental brief in connection with its in camera review motion. Plaintiff shall e-file the unredacted documents consistent with this Order by 12:00 PM on 3/23/2017. Court Reporter: Not Reported. (gk)
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| Filing 438 TRIAL BRIEF (Corrected Formatting) filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.. (Calfo, Alexander) |
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Filing 437
ORDER by Judge Dolly M. Gee: Granting Application of Non-Resident Attorney Robert K. Woo, Jr. to Appear Pro Hac Vice on behalf of Defendants Kimberly-Clark Corporation and Halyard Health, Inc., designating Alexander Calfo as local counsel #427 , #432 . (gk)
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| Filing 436 TRIAL BRIEF filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.. (Calfo, Alexander) |
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Filing 435
MINUTES OF IN CHAMBERS - ORDER RE DEFENDANTS' MOTION IN LIMINE NO. 3 by Judge Dolly M. Gee: In their motion in limine no. 3 ("MIL No. 3") #328 , Defendants seek to preclude Plaintiff from introducing evidence of marketing materials to which Plaintiff was not exposed and to which the class was not uniformly exposed on the ground that they are irrelevant or more prejudicial than probative. the Court DENIES Defendants' MIL No. 3 to the extent the marketing materials identify the MicroCool Gowns or the AAMI Level 4 rating. MIL No. 3 is otherwise GRANTED. See document re trial exhibits plaintiff submitted and the Court's ruling thereof. Court Reporter: Not Reported. (gk)
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| Filing 434 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Plaintiff Bahamas Surgery Center, LLC's Reply Brief ISO Motion Seeking Permission for In Camera Review under seal #405 , APPLICATION to file document Supplemental Brief ISO In Camera Review under seal #433 , APPLICATION to file document Memorandum and Declaration in Support of Plaintiff's Motion Seeking Permission for In Camera Review of Allegedly Privileged Document under seal #379 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Supplemental Brief)(Avenatti, Michael) |
| Filing 433 APPLICATION to file document Supplemental Brief ISO In Camera Review under seal filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 432 Corrected APPLICATION of Non-Resident Attorney Robert K. Woo, Jr. to Appear Pro Hac Vice on behalf of Defendants Halyard Health, Inc., Kimberly-Clark Corporation (Pro Hac Vice Fee - $325.00 Previously Paid on 3/20/2017, Receipt No. 097319544439) filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Letter of Good Standing, #2 Proposed Order) (Calfo, Alexander) |
| Filing 431 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Robert K. Woo, Jr. to Appear Pro Hac Vice on behalf of Defendants Halyard Health, Inc., Kimberly-Clark Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19544439) #427 . The following error(s) was/were found: Superseded version of Form G-64 used. (lt) |
| Filing 430 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Supplemental Declarations under seal #429 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Declaration Avenatti, #2 Declaration Williams, #3 Declaration Stewart, #4 Declaration Stull)(Avenatti, Michael) |
| Filing 429 APPLICATION to file document Supplemental Declarations under seal filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 428 SEALED DOCUMENT Defendant Halyard Health, Inc.s Supplemental Memorandum in Response to the Order of March 17, 2017 re Minutes of In Chambers Order/Directive - no proceeding held, #419 , Sealed Reply, #425 , NOTICE OF MOTION AND MOTION for Order for Seeking Permission for In Camera Review #378 , SEALED NOTICE OF MOTION AND MOTION and Declaration ISO Permission for In Camera Review re Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,, #418 #424 , Protective Order #55 filed by Defendant Halyard Health, Inc.. (Attachments: #1 Declaration of Thomas Kozma, #2 Declaration of Scott Stanton, #3 Declaration of Robert Woo)(Romano, Julia) |
| Filing 427 APPLICATION of Non-Resident Attorney Robert K. Woo, Jr. to Appear Pro Hac Vice on behalf of Defendants Halyard Health, Inc., Kimberly-Clark Corporation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19544439) filed by Defendants Halyard Heal th, Inc., Kimberly-Clark Corporation. (Attachments: #1 Letter Of Good Standing, #2 Proposed Order) (Calfo, Alexander) |
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Filing 426
MINUTE (IN CHAMBERS) ORDER REQUEST FOR SUPPLEMENTAL DECLARATIONS #423 by Judge Dolly M. Gee: Plaintiff must file these documents by 5:00 p.m. on March 21, 2017. Defendants may file a reply brief (not to exceed 15 pages) to Plaintiffs opposition to the ex parte application by 5:00 p.m. on March 22, 2017. IT IS SO ORDERED. (See order for details.) (kti)
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| Filing 425 SEALED REPLY RE SEALED NOTICE OF MOTION AND MOTION and Declaration ISO Permission for In Camera Review re Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,, #418 #424 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,, #418 filed by Plaintiff Bahamas Surgery Center, LLC.(Avenatti, Michael) |
| Filing 424 SEALED NOTICE OF MOTION AND MOTION and Declaration ISO Permission for In Camera Review re Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,, #418 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Declaration Part 1, #2 Declaration Part 2, #3 Declaration Part 3, #4 Declaration Part 4, #5 Declaration Part 5, #6 Declaration Part 6)(Avenatti, Michael) |
| Filing 423 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Opposition under seal #422 , APPLICATION to file document Defendants' Ex Parte Application To Decertify The Class Or In The Alternative To Implement Measures To Protect The Class And Defendants under seal #411 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Opposition)(Avenatti, Michael) |
| Filing 422 APPLICATION to file document Opposition under seal filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 421 SEALED DOCUMENT Notice of Manual Filing of Exhibit 8 re SEALED EX PARTE APPLICATION to Decertify the Class, or in the Alternative, to Implement Measures to Protect the Class and Defendants re Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,, #418 #420 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,, #418 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.(Calfo, Alexander) |
| Filing 420 SEALED EX PARTE APPLICATION to Decertify the Class, or in the Alternative, to Implement Measures to Protect the Class and Defendants re Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,, #418 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Alex Calfo, #3 Declaration of Madison Kitchens, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Proposed Order)(Calfo, Alexander) |
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Filing 419
MINUTE (IN CHAMBERS) ORDER REQUEST FOR SUPPLEMENTAL BRIEFING #378 by Judge Dolly M. Gee: Defendants may file a supplemental brief, not to exceed five pages, by Monday, March 20, 2017. The five-page limit is exclusive of declarations and exhibits. Plaintiff may file its supplemental response (not to exceed five pages), if any, by March 22, 2017. IT IS SO ORDERED. (See order for details.) (kti)
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Filing 418
MINUTES (IN CHAMBERS) ORDER RE APPLICATIONS TO SEAL IN CONNECTION WITH PLAINTIFFS REQUEST FOR IN CAMERA REVIEW AND DEFENDANTS EX PARTE APPLICATION #379 #405 #411 by Judge Dolly M. Gee: Having reviewed and considered Plaintiffs applications to seal various documents in support of its in camera review motion [Doc. # 379, 405], and Defendants sealing applicationin support of their ex parte application [Doc. # 411], the Court GRANTS the sealing applications as to the following documents: Memorandum in Support of Motion Seeking Permission for In Camera Review, the Declaration of Michael J. Avenatti in Support of the motion, and all attached exhibits; Plaintiffs Reply Brief in support of the in camera review motion; Defendants Ex Parte Application, the Memorandum in Support of the application, and all of the attached exhibits. Pursuant to Local Rule 79-5.2.2(c), the moving parties shall e-file their respective unredacted documents consistent with this Order within three (3) days of this Order. IT IS SO ORDERED. (kti)
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Filing 417
MINUTE (IN CHAMBERS) ORDER QUASHING TRIAL SUBPOENAS SERVED ON JERRY JASCOMB AND KEISHA WEAVER #409 by Judge Dolly M. Gee: Accordingly, IT IS ORDERED that the subpoenas served on Jascomb and Weaver to require their personal appearance at trial and to require that they testify at trial by remote video link are hereby QUASHED. (See order for details.) (kti)
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Filing 416
ORDER ON JOINT STIPULATION RE: EXTENSION OF TIME TO FILE OPPOSITION TO EX PARTE APPLICATION by Judge Dolly M. Gee: Upon consideration of the "Joint Stipulation re: Extension to File Opposition to Ex Parte" #415 , the Court hereby orders that Plaintiff's Opposition to Defendants' Ex Parte Application, Docket No. #412 , due on or before 10:00 AM on 3/20/2017. (gk)
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| Filing 415 STIPULATION for Extension of Time to File Response as to Sealed Declaration in SupportDeclaration,,,,,, #412 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 413 NOTICE OF LODGING filed Defendants re Sealed Declaration in SupportDeclaration,,,,,, #412 (Romano, Julia) |
| Filing 412 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Defendants' Ex Parte Application To Decertify The Class Or In The Alternative To Implement Measures To Protect The Class And Defendants under seal #411 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Unredacted Document Defendants' Ex Parte Application To Decertify The Class Or In The Alternative To Implement Measures To Protect The Class And Defendants, #2 Memorandum ISO Defendants' Ex Parte Application, #3 Declaration Alex Calfo ISO Defendants' Ex Parte Application, #4 Declaration of Madison Kitchens ISO Defendants' Ex Parte Application, #5 Exhibit 1 ISO Defendants' Ex Parte Application, #6 Exhibit 2 ISO Defendants' Ex Parte Application, #7 Exhibit 3 ISO Defendants' Ex Parte Application, #8 Exhibit 4 ISO Defendants' Ex Parte Application, #9 Exhibit 5 ISO Defendants' Ex Parte Application, #10 Exhibit 6 ISO Defendants' Ex Parte Application, #11 Exhibit 7 ISO Defendants' Ex Parte Application, #12 Exhibit 8 ISO Defendants' Ex Parte Application, #13 Exhibit 9 ISO Defendants' Ex Parte Application, #14 Exhibit 10 ISO Defendants' Ex Parte Application, #15 Exhibit 11 ISO Defendants' Ex Parte Application, #16 Exhibit 12 ISO Defendants' Ex Parte Application, #17 Exhibit 13 ISO Defendants' Ex Parte Application, #18 Exhibit 14 ISO Defendants' Ex Parte Application, #19 Exhibit 15 ISO Defendants' Ex Parte Application, #20 Exhibit 16 ISO Defendants' Ex Parte Application, #21 Proposed Order re Defendants' Ex Parte Application)(Calfo, Alexander) |
| Filing 411 APPLICATION to file document Defendants' Ex Parte Application To Decertify The Class Or In The Alternative To Implement Measures To Protect The Class And Defendants under seal filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Proposed Order)(Calfo, Alexander) |
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Filing 410
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. For reasons as stated on the record in the March 3, 2017 final pretrial conference #402 , henceforth, the caption on all future filings shall use that case name: Bahamas Surgery Center, LLC v. Kimberly-Clark Corporation, et al. The Clerk's Office is ordered to change the case caption on the docket. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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Filing 414
FINAL PRETRIAL CONFERENCE ORDER #336 by Judge Dolly M. Gee. (See order for details.) (kti)
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| Filing 409 STATEMENT re Trial Subpoenas of Jerry Jascomb and Keisha Weaver and Joint Request for Resolution filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation (JOINT STATEMENT) (Attachments: #1 Declaration of Alexander Calfo ISO Defendants' Position, #2 Exhibit A to Calfo Decl, #3 Exhibit B to Calfo Decl, #4 Exhibit C to Calfo Decl, #5 Declaration of JD Hurdle ISO Defendants' Position, #6 Exhibit 1 ISO Plaintiff's Position, #7 Exhibit 2 ISO Plaintiff's Position, #8 Exhibit 3 ISO Plaintiff's Position)(Romano, Julia) |
| Filing 408 NOTICE OF FILING TRANSCRIPT filed for proceedings 3/3/17 re Transcript #407 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kielwasser, Anne) TEXT ONLY ENTRY |
| Filing 407 TRANSCRIPT for proceedings held on 3/3/17 @ 11:04 a.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/31/2017. Redacted Transcript Deadline set for 4/10/2017. Release of Transcript Restriction set for 6/8/2017. (Kielwasser, Anne) |
| Filing 406 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Plaintiff Bahamas Surgery Center, LLC's Reply Brief ISO Motion Seeking Permission for In Camera Review under seal #405 , APPLICATION to file document Memorandum and Declaration in Support of Plaintiff's Motion Seeking Permission for In Camera Review of Allegedly Privileged Document under seal #379 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Plaintiff Bahamas Surgery Center, LLC's Reply Brief ISO Motion Seeking Permission for In Camera Review)(Avenatti, Michael) |
| Filing 405 APPLICATION to file document Plaintiff Bahamas Surgery Center, LLC's Reply Brief ISO Motion Seeking Permission for In Camera Review under seal filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
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Filing 404
MINUTESORDER RE DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S UNDISCLOSED WITNESSES #340 by Judge Dolly M. Gee. Accordingly, the Court GRANTS Defendants' motion to strike Stephen Devereaux, John Wesley, Michael Avenatti, Andy Court, and the four unidentified records custodians from the witness list. At this point, the Court will not preclude Plaintiff from calling Naeyaert or Murray on rebuttal solely for impeachment purposes. IT IS SO ORDERED. (lom)
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Filing 403
MINUTES (IN CHAMBERS): ORDER RE PARTIES' MOTIONS IN LIMINE [291, 292, 293, 294, 328, 329, 330, 333] AND DAUBERT MOTIONS [298, 300, 301, 302, 303, 304, 313, 317, 320, 324, 331] by Judge Dolly M. Gee. In light of the foregoing, the Court orders as follows: 1. Plaintiff's MIL No. 1 #291 to exclude evidence of physical injury or lack of physical injury is DENIED; 2. Plaintiff's MIL No. 2 #292 to exclude evidence concerning matters over which defendants asserted privilege during discovery is GRANTED in part and DENIED in part in accordance with the Court's discussion in section I.B; 3. Plaintiff's MIL No. 3 #293 to exclude evidence of FDA Approval is DENIED;4. Plaintiff's MIL No. 4 #294 to exclude evidence related to former plaintiffs is GRANTED; 5. Plaintiff's motion to exclude the testimony of Philip J. Phillips #298 is DENIED; 6. Plaintiff's motion to exclude the testimony of Dominique Hanssens #300 is DENIED; 7. Plaintiff's motion to exclude the testimony of Michael P. Mathis #301 is DENIED; 8. Plaintiff's motion to exclude the testimony of William A. Rutala #302 is DENIED; 9. Plaintiff's motion to exclude the testimony of Duane L. Steffey #303 is DENIED; 10. Plaintiff's motion to exclude the testimony of Glenn T. Ault #304 is GRANTED; 11. Plaintiff's motion to exclude the testimony of Dr. Laurence Baker #320 is DENIED; 12. Defendants' MIL No. 1 #333 to exclude evidence relating to a prior settlement agreement is GRANTED; 13. Defendants' MIL No. 2 #330 to exclude evidence relating to other products manufactured by Defendants is DENIED without prejudice to more particularized objections at trial consistent with this Order; 14. Defendants' MIL No. 4 #329 to exclude evidence of a 60 Minutes Storyand a 2016 FDA Audit is GRANTED in part and DENIED in part in accordance with the Court's discussion in section II.D; 15. Defendant's motion to exclude the testimony of Dennis Moore #313 is GRANTED; 16. Defendant's motion to exclude the testimony of Jeffrey Stull #317 is GRANTED in part and DENIED in part in accordance with the Court's discussion in section II.E.2; 17. Defendants motion to exclude the testimony of Dr. Michael Williams #324 is GRANTED in part and DENIED in part in accordance with the Court's discussion in section II.E.3; 18. Defendant's motion to exclude the testimony of Dr. David Stewart #331 is DENIED. IT IS SO ORDERED. (lom)
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| Filing 402 MINUTES OF Final Pretrial Conference and Motion Hearing held before Judge Dolly M. Gee: Following oral argument, the Court advises counsel that the motions in limine and motion to strike shall be taken under submission and a written order will issue. The Final Pretrial Conference is held. (See order for details.) Court Reporter: Anne Kielwasser. (kti) |
| Filing 401 SEALED OPPOSITION RE NOTICE OF MOTION AND MOTION for Order for Seeking Permission for In Camera Review #378 , Protective Order #55 filed by Defendant Halyard Health, Inc.. (Attachments: #1 Declaration of Alexander Calfo, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Romano, Julia) |
| Filing 400 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Sealed Document, #380 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb) |
| Filing 399 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit to Motion, #382 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb) |
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Filing 398
(IN CHAMBERS) AMENDED ORDER by Judge Dolly M. Gee. The Court sua sponte continues the pretrial conference, motions and motions in limine from February 28, 2017 to March 3, 2017 at 10:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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Filing 397
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court sua sponte continues the pretrial conference, motions and motions in limine from February 28, 2017 to March 3, 2017 at 11:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 396 RESPONSE filed by Plaintiff Bahamas Surgery Center, LLCto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #394 (Avenatti, Michael) |
| Filing 395 RESPONSE filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporationto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #394 (Romano, Julia) |
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Filing 394
MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THE FINAL PRETRIAL CONFERENCE AND TRIAL SHOULD NOT BE POSTPONED by Judge Dolly M. Gee: Accordingly, the Court orders the parties to show cause why the Court should not postpone the Final Pretrial Conference and the Trial in order that the issues identified above may be addressed in the context of a motion for summary judgment. In their OSC responses, the parties shall also provide further information regarding the 2007 FDA Guidance (i.e., the source, background, and binding effect of this document). All written responses must be submitted by 12:00 p.m. on Monday, February 27, 2017. Each side will be limited to 15 pages. IT IS SO ORDERED. (See order for details.) (kti)
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| Filing 393 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Strike Plaintiff's Undisclosed Witnesses #340 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Exhibit A)(Romano, Julia) |
| Filing 392 DECLARATION of Michael J. Avenatti in opposition to MOTION IN LIMINE (#4) to Exclude Evidence of Parallel Investigations or Other Litigation #329 , NOTICE OF MOTION AND MOTION to Exclude The Opinion Testimony of Jeffrey O. Stull Pursuant to Fed. R. Evid. 702 and the Daubert Standard #317 , NOTICE OF MOTION AND MOTION to Exclude The Opinion Testimony Of Dr. David Stewart Pursuant To Fed. R. Evid. 702 And The Daubert Standard #331 , NOTICE OF MOTION AND MOTION to Exclude The Opinion Testimony Of Dr. Michael Williams Pursuant To Fed. R. Evid. 702 And The Daubert Standard #324 , MOTION IN LIMINE (#3) to Exclude Evidence of Irrelevant Marketing Materials #328 , APPLICATION to file document Portions of Defendants' MIL No. 1 (Evidence Concerning Confidential Settlement Agreement and Settlement Negotiations in Prior Litigation) under seal #332 , NOTICE OF MOTION AND MOTION to Exclude the Opinion Testimony of Dennis M. Moore Pursuant to Fed. R. Evid. 702 and the Daubert Standard #313 , MOTION IN LIMINE (#2) to Exclude Evidence of Alleged Compliance Issues With Products Manufactured by Defendants Not at Issue #330 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9, #9 Part 10, #10 Part 11, #11 Part 12, #12 Part 13, #13 Part 14, #14 Part 15, #15 Part 16, #16 Part 17, #17 Part 18, #18 Part 19, #19 Part 20, #20 Part 21, #21 Part 22)(Avenatti, Michael) |
| Filing 391 SEALED DOCUMENT re APPLICATION to file document Exhibit 43, Redacted Exhibits 30 and 33, Redacted Opposition to MIL Nos. 1 and 2 under seal #371 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #377 , APPLICATION to file document Conditionally File Under Seal Exhibits 29, 31, 32, 46, 51, and Unredacted Exhibits 52 and 59 to the Omnibus Declaration of Michael J. Avenatti Filed In Support of Plaintiffs' Oppositions to Defendants' Motions #360 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9, #9 Part 10, #10 Part 11, #11 Part 12, #12 Part 13, #13 Part 14, #14 Part 15, #15 Part 16, #16 Part 17, #17 Part 18, #18 Part 19, #19 Part 20, #20 Part 21, #21 Part 22)(Avenatti, Michael) |
| Filing 390 DECLARATION of Michael J. Avenatti in support of NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of William A. Rutala (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #302 , MOTION IN LIMINE (#3) to Exclude Argument, Expert Testimony and Evidence Asserting the MicroCool Gowns are FDA Approved and Compliant #293 , NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Philip J. Phillips (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #298 , MOTION IN LIMINE (#2) to Preclude Defendants From Offering Evidence in Support of Subject Matters Over Which Defendants Asserted Claims of Privilege During Discovery #292 , MOTION IN LIMINE (#4) to Exclude Argument, Expert Testimony and Evidence Relating to the Former Plaintiffs in This Lawsuit #294 , NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Dominique Hanssens (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #300 , NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Michael P. Mathis (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #301 , NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Glenn T. Ault (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #304 , MOTION IN LIMINE (#1) to Exclude Evidence, Argument, and Expert Testimony Asserting A Lack of Individual Gown Failures or Absence of Physical Injuries #291 , NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Duane L. Steffey (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #303 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9, #9 Part 10, #10 Part 11, #11 Part 12)(Avenatti, Michael) |
| Filing 389 SEALED DOCUMENT Omnibus Declaration of Michael J. Avenatti in Support of Plaintiff's Motions in Limine and Motions to Exclude or Limit Expert Testimony re Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #377 , APPLICATION to file document Conditionally file Redacted Exhibits 2, 3, 4, 6 and 10 to the Omnibus Declaration of Michael J. Avenatti Filed in Support of Plaintiff's Motions in Limine and Daubert Motions (Dkt. No. 323) under seal #338 , APPLICATION to file document Conditionally Under Seal Exhibit 22 to the Omnibus Declaration of Michael J. Avenatti in Support of Plaintiffs' Motions in Limine and Daubert Motions under seal #296 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9, #9 Part 10, #10 Part 11, #11 Part 12, #12 Part 13, #13 Part 14, #14 Part 15, #15 Part 16)(Avenatti, Michael) |
| Filing 388 MEMORANDUM in Opposition to MOTION IN LIMINE (#2) to Exclude Evidence of Alleged Compliance Issues With Products Manufactured by Defendants Not at Issue #330 Redacted Per Court Order 377 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 387 SEALED OPPOSITION RE MOTION IN LIMINE (#2) to Exclude Evidence of Alleged Compliance Issues With Products Manufactured by Defendants Not at Issue #330 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #377 filed by Plaintiff Bahamas Surgery Center, LLC.(Avenatti, Michael) |
| Filing 386 MEMORANDUM in Opposition to MOTION IN LIMINE (#1) to Exclude Evidence Concerning Confidential Settlement Agreement and Settlement Negotiations in Prior Litigation (redacted per 2/23/17 Court Order) #384 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 385 SEALED OPPOSITION RE SEALED NOTICE OF MOTION AND MOTION in Limine No. 1 re Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #377 #383 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #377 filed by Plaintiff Bahamas Surgery Center, LLC.(Avenatti, Michael) |
| Filing 384 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Evidence Concerning Confidential Settlement Agreement and Settlement Negotiations in Prior Litigation (redacted per 2/23/17 Court Order) filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order)(Romano, Julia) |
| Filing 383 SEALED NOTICE OF MOTION AND MOTION in Limine No. 1 re Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #377 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee.(Romano, Julia) |
| Filing 382 EXHIBIT A, B, C, and D (redacted per 2/23/17 Court Order) to NOTICE OF MOTION AND MOTION to Exclude The Opinion Testimony Of Dr. Michael Williams Pursuant To Fed. R. Evid. 702 And The Daubert Standard #324 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D)(Romano, Julia) |
| Filing 381 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Memorandum and Declaration in Support of Plaintiff's Motion Seeking Permission for In Camera Review of Allegedly Privileged Document under seal #379 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3-7)(Avenatti, Michael) |
| Filing 380 SEALED DOCUMENT Exhibits A, B, C, D, and J re NOTICE OF MOTION AND MOTION to Exclude The Opinion Testimony Of Dr. Michael Williams Pursuant To Fed. R. Evid. 702 And The Daubert Standard #324 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #377 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit J)(Romano, Julia) |
| Filing 379 APPLICATION to file document Memorandum and Declaration in Support of Plaintiff's Motion Seeking Permission for In Camera Review of Allegedly Privileged Document under seal filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 378 NOTICE OF MOTION AND MOTION for Order for Seeking Permission for In Camera Review filed by Plaintiff Bahamas Surgery Center, LLC. Motion set for hearing on 3/24/2017 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Avenatti, Michael) |
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Filing 377
MINUTES OF IN CHAMBERS - ORDER RE APPLICATION TO SEAL EXHIBITS DOCUMENTS IN SUPPORT OF MOTIONS IN LIMINE AND DAUBERT MOTIONS by Judge Dolly M. Gee: The Court GRANTS the parties' applications to seal various documents in support of their in limine and Daubert motions #296 , #319 , #332 , #338 , #360 , #371 . See document re portions to be Sealed or Redacted. As to the sealing motions at Doc. Nos. 296, 319, 332, 338, pursuant to Local Rule 79-5.2.2(c), the moving parties shall e-file their respective unredacted documents consistent with this Order within three days of this Order. As to the sealing motions at Doc. Nos. 360 and 371, Plaintiff must file a revised redacted and unredacted version of the document(s) consistent with this Order within three days. In the absence of timely compliance with this order, the Court will not consider the documents proposed to be filed under seal in connection with any pending motion. The Court orders the Clerk of the Court to seal Doc. Nos. 346, 347, 365-1, and 365-2. Court Reporter: Not Reported. (gk)
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| Filing 376 Effective March 1, 2017, Judge Abrams will be located at the Edward R. Roybal Federal Building, COURTROOM 780 on the 7th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 780 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 1st floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 375 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit 43, Redacted Exhibits 30 and 33, Redacted Opposition to MIL Nos. 1 and 2 under seal #371 , APPLICATION to file document Conditionally File Under Seal Exhibits 29, 31, 32, 46, 51, and Unredacted Exhibits 52 and 59 to the Omnibus Declaration of Michael J. Avenatti Filed In Support of Plaintiffs' Oppositions to Defendants' Motions #360 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.(Romano, Julia) |
| Filing 374 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document, #361 . The following error(s) was found: Other error(s) with document(s) are specified below: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to the Motion, document number 103, or a Notice of Lodging, Local Rule 5-4.4.1.. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb) |
| Filing 373 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Conditionally File Under Seal Exhibits 29, 31, 32, 46, 51, and Unredacted Exhibits 52 and 59 to the Omnibus Declaration of Michael J. Avenatti Filed In Support of Plaintiffs' Oppositions to Defendants' Motions #360 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.(Romano, Julia) |
| Filing 372 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit 43, Redacted Exhibits 30 and 33, Redacted Opposition to MIL Nos. 1 and 2 under seal #371 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Unredacted Document)(Avenatti, Michael) |
| Filing 371 APPLICATION to file document Exhibit 43, Redacted Exhibits 30 and 33, Redacted Opposition to MIL Nos. 1 and 2 under seal filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Redacted Document, #2 Proposed Order)(Avenatti, Michael) |
| Filing 370 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike Plaintiff's Undisclosed Witnesses #340 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Declaration of Michael J. Avenatti, #2 Exhibit 69)(Avenatti, Michael) |
| Filing 369 OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Dr. Laurence Baker (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #320 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Stephen Devereaux, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Romano, Julia) |
| Filing 368 OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Glenn T. Ault (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #304 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Dr. Glenn Ault, #2 Exhibit A)(Romano, Julia) |
| Filing 367 OPPOSITION to MOTION IN LIMINE (#3) to Exclude Argument, Expert Testimony and Evidence Asserting the MicroCool Gowns are FDA Approved and Compliant #293 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Romano, Julia) |
| Filing 366 NOTICE OF LODGING filed re Declaration,, #365 (Avenatti, Michael) |
| Filing 365 DECLARATION of Michael J. Avenatti re Objection/Opposition (Motion related) #347 , Objection/Opposition (Motion related) #345 , Objection/Opposition (Motion related) #358 , Objection/Opposition (Motion related), #356 , Objection/Opposition (Motion related) #354 , Objection/Opposition (Motion related) #357 , Objection/Opposition (Motion related) #364 , Miscellaneous Document, #346 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 SEALED ATTACHMENT - Exhibit 24-34, #2 SEALED ATTACHMENT - Exhibit 35-51, #3 Exhibit 52-68)(Avenatti, Michael) ** ATTACHMENTS 1 AND 2 SEALED PURSUANT TO THE CIVIL MINUTES OF 2/23/2017 #377 ** Modified on 2/23/2017 (gk). |
| Filing 364 OPPOSITION re: NOTICE OF MOTION AND MOTION to Exclude the Opinion Testimony of Dennis M. Moore Pursuant to Fed. R. Evid. 702 and the Daubert Standard #313 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 363 SEALED DOCUMENT Declaration of Michael J. Avenatti in Support of the Application to Conditionally Filed Under Seal Exhibits 29, 31, 32, 46, 51 and Unredacted Exhibits 52 and 59 to the Omnibus Declaration of Michael J. Avenatti re Miscellaneous Document, #361 , APPLICATION to file document Conditionally File Under Seal Exhibits 29, 31, 32, 46, 51, and Unredacted Exhibits 52 and 59 to the Omnibus Declaration of Michael J. Avenatti Filed In Support of Plaintiffs' Oppositions to Defendants' Motions #360 , Order on Motion for Leave to File Document Under Seal,,, #204 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit 29, 31, 32, 46, 51, 52 and 59)(Avenatti, Michael) |
| Filing 362 OPPOSITION to MOTION IN LIMINE (#4) to Exclude Argument, Expert Testimony and Evidence Relating to the Former Plaintiffs in This Lawsuit #294 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Romano, Julia) |
| Filing 361 Proposed Order re Application to Conditionally Filed Under Seal Exhibits 29, 31, 32, 46, 51 and Unredacted Exhibits 52 and 59 filed by Plaintiff Bahamas Surgery Center, LLC re: APPLICATION to file document Conditionally File Under Seal Exhibits 29, 31, 32, 46, 51, and Unredacted Exhibits 52 and 59 to the Omnibus Declaration of Michael J. Avenatti Filed In Support of Plaintiffs' Oppositions to Defendants' Motions #360 (Avenatti, Michael) |
| Filing 360 APPLICATION to file document Conditionally File Under Seal Exhibits 29, 31, 32, 46, 51, and Unredacted Exhibits 52 and 59 to the Omnibus Declaration of Michael J. Avenatti Filed In Support of Plaintiffs' Oppositions to Defendants' Motions in Limine and Daubert Motions under seal filed by Plaintiff Bahamas Surgery Center, LLC.(Avenatti, Michael) |
| Filing 359 OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Philip J. Phillips (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #298 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Romano, Julia) |
| Filing 358 OPPOSITION re: NOTICE OF MOTION AND MOTION to Exclude The Opinion Testimony Of Dr. David Stewart Pursuant To Fed. R. Evid. 702 And The Daubert Standard #331 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 357 OPPOSITION re: NOTICE OF MOTION AND MOTION to Exclude The Opinion Testimony of Jeffrey O. Stull Pursuant to Fed. R. Evid. 702 and the Daubert Standard #317 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 356 OPPOSITION re: NOTICE OF MOTION AND MOTION to Exclude The Opinion Testimony Of Dr. Michael Williams Pursuant To Fed. R. Evid. 702 And The Daubert Standard #324 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 355 OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Michael P. Mathis (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #301 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Stephen Devereaux, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Romano, Julia) |
| Filing 354 OPPOSITION re: MOTION IN LIMINE (#3) to Exclude Evidence of Irrelevant Marketing Materials #328 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 353 OPPOSITION to MOTION IN LIMINE (#2) to Preclude Defendants From Offering Evidence in Support of Subject Matters Over Which Defendants Asserted Claims of Privilege During Discovery #292 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Romano, Julia) |
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Filing 352
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court sua sponte advances Defendants' motion to strike Plaintiff's undisclosed witness #340 from March 10, 2017 at February 28, 2017 at 2:00 p.m. Plaintiff's opposition is due by February 21, 2017. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 351 OPPOSITION to NOTICE OF MOTION AND MOTION TO Exclude or Limit Expert Testimony of William A. Rutala filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration Stephen Devereaux, #2 Exhibit A)(Romano, Julia) |
| Filing 350 OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Dominique Hanssens (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #300 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Stephen Devereaux, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Romano, Julia) |
| Filing 349 OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Duane L. Steffey (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #303 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Stephen Devereaux, #2 Exhibit A)(Romano, Julia) |
| Filing 348 OPPOSITION to MOTION IN LIMINE (#1) to Exclude Evidence, Argument, and Expert Testimony Asserting A Lack of Individual Gown Failures or Absence of Physical Injuries #291 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Steven Devereaux, #2 Exhibit A, #3 Exhibit B)(Romano, Julia) |
| Filing 347 SEALED DOCUMENT - OPPOSITION re: MOTION IN LIMINE (#2) to Exclude Evidence of Alleged Compliance Issues With Products Manufactured by Defendants Not at Issue #330 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) ** DOCUMENT SEALED PURSUANT TO THE CIVIL MINUTES OF 2/23/2017 #377 ** Modified on 2/23/2017 (gk). |
| Filing 346 SEALED DOCUMENT - OPPOSITION TO DEFENDANTS' MOTION IN LIMINE NO. 1 (EVIDENCE CONCERNING CONFIDENTIAL SETTLEMENT AGREEMENT AND SETTLEMENT NEGOTIATIONS IN PRIOR LITIGATION) filed by Plaintiff Bahamas Surgery Center, LLC re: Sealed Declaration in SupportDeclaration, #333 (Avenatti, Michael) ** DOCUMENT SEALED PURSUANT TO THE CIVIL MINUTES OF 2/23/2017 #377 ** Modified on 2/23/2017 (gk). |
| Filing 345 OPPOSITION re: MOTION IN LIMINE (#4) to Exclude Evidence of Parallel Investigations or Other Litigation #329 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 344 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Manual Filing (G-92) filed filed 2/9/2017 #336 . The following error(s) was found: Incorrect event selected. The correct event is: Notices - Notice of Lodging Proposed Pretrial Conference Order. The filer used the event Notices - Manual Filing (G-92) for docketing this filing. The attached proposed Final Pretrial Conference Order lacks a signature line for the judge. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 343 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Conditionally Under Seal Exhibit 22 to the Omnibus Declaration of Michael J. Avenatti in Support of Plaintiffs' Motions in Limine and Daubert Motions under seal #296 , APPLICATION to file document Conditionally file Redacted Exhibits 2, 3, 4, 6 and 10 to the Omnibus Declaration of Michael J. Avenatti Filed in Support of Plaintiff's Motions in Limine and Daubert Motions (Dkt. No. 323) under seal #338 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Unredacted Document Ex. A (Part 1 of 2), #2 Unredacted Document Ex. A (Part 2 of 2))(Romano, Julia) |
| Filing 342 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Sealed Document, #326 , Sealed Document, #327 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb) |
| Filing 341 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum of Contentions of Fact and Law #312 . The following error(s) was found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb) |
| Filing 340 NOTICE OF MOTION AND MOTION to Strike Plaintiff's Undisclosed Witnesses filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Motion set for hearing on 3/10/2017 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order) (Romano, Julia) |
| Filing 339 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Conditionally file Redacted Exhibits 2, 3, 4, 6 and 10 to the Omnibus Declaration of Michael J. Avenatti Filed in Support of Plaintiff's Motions in Limine and Daubert Motions (Dkt. No. 323) under seal #338 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit)(Avenatti, Michael) |
| Filing 338 APPLICATION to file document Conditionally file Redacted Exhibits 2, 3, 4, 6 and 10 to the Omnibus Declaration of Michael J. Avenatti Filed in Support of Plaintiff's Motions in Limine and Daubert Motions (Dkt. No. 323) under seal filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 6, #5 Exhibit 10, #6 Proposed Order)(Avenatti, Michael) |
| Filing 337 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendants' Memorandum of Contentions of Fact and Law filed 2/7/2017 #299 . The following error(s) was found: Local Rule 11-6 Memorandum/brief exceeds 25 pages. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) |
| Filing 336 NOTICE of Manual Filing filed by Plaintiff Bahamas Surgery Center, LLC (Attachments: #1 [Proposed] Final Pretrial Conference Order)(Avenatti, Michael) |
| Filing 335 NOTICE ERRATA to Defendants' Motion to Exclude the Opinion Testimony of Dr. David Stewart filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Julia E. Romano)(Romano, Julia) |
| Filing 334 STATEMENT Joint Trial Witness Time Estimate Form filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation (Calfo, Alexander) |
| Filing 333 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Portions of Defendants' MIL No. 1 (Evidence Concerning Confidential Settlement Agreement and Settlement Negotiations in Prior Litigation) under seal #332 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Unredacted Document Defendants' MIL No. 1)(Romano, Julia) |
| Filing 332 APPLICATION to file document Portions of Defendants' MIL No. 1 (Evidence Concerning Confidential Settlement Agreement and Settlement Negotiations in Prior Litigation) under seal filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Redacted Document Defendants' MIL No. 1, #2 Proposed Order)(Romano, Julia) |
| Filing 331 NOTICE OF MOTION AND MOTION to Exclude The Opinion Testimony Of Dr. David Stewart Pursuant To Fed. R. Evid. 702 And The Daubert Standard filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Memorandum ISO Motion, #2 Declaration of Stephen Devereaux ISO Motion, #3 Exhibit A (Part 1), #4 Exhibit A (Part 2), #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit F, #9 Proposed Order) (Romano, Julia) |
| Filing 330 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Evidence of Alleged Compliance Issues With Products Manufactured by Defendants Not at Issue filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order)(Calfo, Alexander) |
| Filing 329 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude Evidence of Parallel Investigations or Other Litigation filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order)(Calfo, Alexander) |
| Filing 328 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Evidence of Irrelevant Marketing Materials filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order)(Calfo, Alexander) |
| Filing 327 SEALED DOCUMENT Exhibits G, H, I, K, L, and M in support of re NOTICE OF MOTION AND MOTION to Exclude The Opinion Testimony Of Dr. Michael Williams Pursuant To Fed. R. Evid. 702 And The Daubert Standard #324 , Order on Motion for Leave to File Document Under Seal,, #205 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit K, #4 Exhibit L, #5 Exhibit M)(Romano, Julia) |
| Filing 326 SEALED DOCUMENT Exhibit F in support of re NOTICE OF MOTION AND MOTION to Exclude The Opinion Testimony Of Dr. Michael Williams Pursuant To Fed. R. Evid. 702 And The Daubert Standard #324 , Order on Motion for Leave to File Document Under Seal,,, #204 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.(Romano, Julia) |
| Filing 325 PROPOSED JURY INSTRUCTIONS filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.. (Calfo, Alexander) |
| Filing 324 NOTICE OF MOTION AND MOTION to Exclude The Opinion Testimony Of Dr. Michael Williams Pursuant To Fed. R. Evid. 702 And The Daubert Standard filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Memorandum ISO Motion, #2 Declaration of Stephen Devereaux ISO Motion, #3 Exhibit Exhibit E to Defendants' Motion to Exclude Williams, #4 Proposed Order) (Romano, Julia) |
| Filing 323 DECLARATION of Michael J. Avenatti In Support of Plaintiff's Motions in Limine (Nos. 1 through 4) and Motions to Exclude or Limit Expert Testimony NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of William A. Rutala (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #302 , MOTION IN LIMINE (#3) to Exclude Argument, Expert Testimony and Evidence Asserting the MicroCool Gowns are FDA Approved and Compliant #293 , NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Philip J. Phillips (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #298 , MOTION IN LIMINE (#2) to Preclude Defendants From Offering Evidence in Support of Subject Matters Over Which Defendants Asserted Claims of Privilege During Discovery #292 , MOTION IN LIMINE (#4) to Exclude Argument, Expert Testimony and Evidence Relating to the Former Plaintiffs in This Lawsuit #294 , NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Dominique Hanssens (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #300 , NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Michael P. Mathis (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #301 , NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Glenn T. Ault (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #304 , MOTION IN LIMINE (#1) to Exclude Evidence, Argument, and Expert Testimony Asserting A Lack of Individual Gown Failures or Absence of Physical Injuries #291 , NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Duane L. Steffey (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #303 , NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Dr. Laurence Baker (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #320 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5-6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11-15, #10 Exhibit 16, #11 Exhibit 17, #12 Exhibit 18, #13 Exhibit 19-20, #14 Exhibit 21-23)(Avenatti, Michael) |
| Filing 322 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Certain Exhibits ISO Defendants Motion to Exclude the Opinion Testimony of Dr. Michael Williams Pursuant to Fed. R. Evid. 702 and the Daubert Standard under seal #319 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Unredacted Document Exhibit A to Defendants' Motion to Exclude Williams, #2 Unredacted Document Exhibit B to Defendants' Motion to Exclude Williams, #3 Unredacted Document Exhibit C to Defendants' Motion to Exclude Williams, #4 Unredacted Document Exhibit D to Defendants' Motion to Exclude Williams, #5 Unredacted Document Exhibit J to Defendants' Motion to Exclude Williams)(Romano, Julia) |
| Filing 321 NOTICE OF MOTION re NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of William A. Rutala (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #302 , NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Philip J. Phillips (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #298 , NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Dominique Hanssens (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #300 , NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Michael P. Mathis (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #301 , NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Glenn T. Ault (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #304 , NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Duane L. Steffey (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #303 , NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Dr. Laurence Baker (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing #320 , NOTICE OF MOTION AND MOTION to Exclude The Opinion Testimony of Jeffrey O. Stull Pursuant to Fed. R. Evid. 702 and the Daubert Standard #317 filed by Plaintiff Bahamas Surgery Center, LLC. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Avenatti, Michael) |
| Filing 320 NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Dr. Laurence Baker (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing filed by Plaintiff Bahamas Surgery Center, LLC. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Avenatti, Michael) |
| Filing 319 APPLICATION to file document Certain Exhibits ISO Defendants Motion to Exclude the Opinion Testimony of Dr. Michael Williams Pursuant to Fed. R. Evid. 702 and the Daubert Standard under seal filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Redacted Document Exhibit A to Defendants' Motion to Exclude Williams, #2 Redacted Document Exhibit B to Defendants' Motion to Exclude Williams, #3 Redacted Document Exhibit C to Defendants' Motion to Exclude Williams, #4 Redacted Document Exhibit D to Defendants' Motion to Exclude Williams, #5 Proposed Order)(Romano, Julia) |
| Filing 318 PROPOSED JURY VERDICT filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Romano, Julia) |
| Filing 317 NOTICE OF MOTION AND MOTION to Exclude The Opinion Testimony of Jeffrey O. Stull Pursuant to Fed. R. Evid. 702 and the Daubert Standard filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Memorandum ISO Motion, #2 Declaration of Stephen Devereaux ISO Motion, #3 Exhibit A (Part 1), #4 Exhibit A (Part 2), #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Proposed Order) (Romano, Julia) |
| Filing 316 PROPOSED JURY INSTRUCTIONS filed by Joint Statement Regarding Plaintiff Proposed Jury Instructions with Defendants' Responses and Objections Bahamas Surgery Center, LLC.. (Avenatti, Michael) |
| Filing 315 Witness List filed by Plaintiff Bahamas Surgery Center, LLC.. (Avenatti, Michael) |
| Filing 314 PROPOSED SPECIAL JURY VERDICT filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 313 NOTICE OF MOTION AND MOTION to Exclude the Opinion Testimony of Dennis M. Moore Pursuant to Fed. R. Evid. 702 and the Daubert Standard filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Stephen Devereaux ISO Motion, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Proposed Order) (Romano, Julia) |
| Filing 312 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 311 JOINT Exhibit List filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.. (Romano, Julia) |
| Filing 310 PRETRIAL STIPULATION regarding Exhibits . (Romano, Julia) |
| Filing 309 NOTICE of Manual Filing filed by Plaintiff Bahamas Surgery Center, LLC of [PROPOSED] FINAL PRETRIAL CONFERENCE ORDER [Manually lodged pursuant to L.R. 16-7]. (Avenatti, Michael) |
| Filing 308 Proposed Voir Dire Questions filed by Plaintiff Bahamas Surgery Center, LLC.. (Avenatti, Michael) |
| Filing 307 PROPOSED JURY INSTRUCTIONS filed by Plaintiff Bahamas Surgery Center, LLC.. (Avenatti, Michael) |
| Filing 306 Proposed Voir Dire Questions filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.. (Romano, Julia) |
| Filing 305 Witness List filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.. (Romano, Julia) |
| Filing 304 NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Glenn T. Ault (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing filed by Plaintiff Bahamas Surgery Center, LLC. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Avenatti, Michael) |
| Filing 303 NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Duane L. Steffey (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing filed by Plaintiff Bahamas Surgery Center, LLC. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Avenatti, Michael) |
| Filing 302 NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of William A. Rutala (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing filed by Plaintiff Bahamas Surgery Center, LLC. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Avenatti, Michael) |
| Filing 301 NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Michael P. Mathis (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing filed by Plaintiff Bahamas Surgery Center, LLC. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Avenatti, Michael) |
| Filing 300 NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Dominique Hanssens (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing filed by Plaintiff Bahamas Surgery Center, LLC. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Avenatti, Michael) |
| Filing 299 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Romano, Julia) |
| Filing 298 NOTICE OF MOTION AND MOTION to Exclude or Limit Expert Testimony of Philip J. Phillips (Fed. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals) and Request for Daubert Hearing filed by Plaintiff Bahamas Surgery Center, LLC. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Avenatti, Michael) |
| Filing 297 SEALED DOCUMENT re APPLICATION to file document Conditionally Under Seal Exhibit 22 to the Omnibus Declaration of Michael J. Avenatti in Support of Plaintiffs' Motions in Limine and Daubert Motions under seal #296 , Order on Motion for Leave to File Document Under Seal,,, #204 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit 22 - Part 1 of 2, #2 Exhibit 22 - Part 2 of 2)(Avenatti, Michael) |
| Filing 296 APPLICATION to file document Conditionally Under Seal Exhibit 22 to the Omnibus Declaration of Michael J. Avenatti in Support of Plaintiffs' Motions in Limine and Daubert Motions under seal filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 295 NOTICE OF MOTION re MOTION IN LIMINE (#3) to Exclude Argument, Expert Testimony and Evidence Asserting the MicroCool Gowns are FDA Approved and Compliant #293 , MOTION IN LIMINE (#1) to Exclude Evidence, Argument, and Expert Testimony Asserting A Lack of Individual Gown Failures or Absence of Physical Injuries #291 , MOTION IN LIMINE (#2) to Preclude Defendants From Offering Evidence in Support of Subject Matters Over Which Defendants Asserted Claims of Privilege During Discovery #292 , MOTION IN LIMINE (#4) to Exclude Argument, Expert Testimony and Evidence Relating to the Former Plaintiffs in This Lawsuit #294 filed by Plaintiff Bahamas Surgery Center, LLC. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Avenatti, Michael) |
| Filing 294 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude Argument, Expert Testimony and Evidence Relating to the Former Plaintiffs in This Lawsuit filed by Plaintiff Bahamas Surgery Center, LLC. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 293 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Argument, Expert Testimony and Evidence Asserting the MicroCool Gowns are FDA Approved and Compliant filed by Plaintiff Bahamas Surgery Center, LLC. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 292 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude Defendants From Offering Evidence in Support of Subject Matters Over Which Defendants Asserted Claims of Privilege During Discovery filed by Plaintiff Bahamas Surgery Center, LLC. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 291 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Evidence, Argument, and Expert Testimony Asserting A Lack of Individual Gown Failures or Absence of Physical Injuries filed by Plaintiff Bahamas Surgery Center, LLC. Motion set for hearing on 2/28/2017 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 290 STATEMENT of the Case filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation (Agreed) (Romano, Julia) |
| Filing 289 EXHIBIT 15, 16, 17, 25, 38, 40, 62, 70, 71, 73, 85, 91, and 116 to NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 PER COURT ORDER TO UNSEAL CERTAIN DOCUMENTS #287 filed by Plaintiff Hrayr Shahinian. (Attachments: #1 Exhibit 15, 16, 17, 25, 38, 40, 62 (part 1), #2 Exhibit 62 (part 2), 70, 71, 73, 85 (part 1), #3 Exhibit 85 (part 2) and 91 (part 1), #4 Exhibit 91 (part 2) and 116)(Avenatti, Michael) |
| Filing 288 OPPOSITION to Plaintiff's Motion for Class Certification (unredacted per Court Order dated January 27, 2017 (Dkt. No. 287)) filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Romano, Julia) |
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Filing 287
ORDER TO UNSEAL CERTAIN DOCUMENTS #286 by Judge Dolly M. Gee: Upon consideration of the JOINT STIPULATION RE: UNSEALING CERTAIN DOCUMENTS, and for good cause shown, the Court hereby orders that the following documents be unsealed: 1. Plaintiffs Exhibits 15, 16, 17, 25, 38, 40, 62, 70, 71, 73, 85, 91, and 116 in support of Plaintiffs Motion for Class Certification. 2. Defendants Opposition to Plaintiffs Motion for Class Certification [Doc. # 190-3]. 3. Declaration of Dennis M. Moore in Support of Plaintiffs Motion for Class Certification [Doc. # 169-8]. The parties are ordered to file unredacted versions of these documents on the public record within three (3) court days of the entry of this order. IT IS SO ORDERED. (kti)
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| Filing 286 Joint STIPULATION for Order To Unseal Certain Documents filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Proposed Order)(Romano, Julia) |
| Filing 284 STATUS REPORT Re: Settlement filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit A)(Avenatti, Michael) |
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Filing 285
ORDER APPROVING CLASS NOTICE #282 by Judge Dolly M. Gee: Upon consideration of the JOINT STIPULATION RE: APPROVAL OF CLASS NOTICE, and for good cause shown, the Court hereby orders that notice be mailed to members of the class by the claims administrator selected by Plaintiff in the form attached hereto as Exhibit A. IT IS SO ORDERED. (See order for details.) (kti)
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Filing 283
ORDER ON JOINT STIPULATION RE: CLASS DEFINITION #281 by Judge Dolly M. Gee. (See order for details.) (kti)
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| Filing 282 Joint STIPULATION for Order Re: Approval of Class Notice filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order Approving Class Notice)(Avenatti, Michael) |
| Filing 281 Joint STIPULATION for Order Re: Class Definition filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Proposed Order Granting Joint Stipulation Re: Class Definition)(Avenatti, Michael) |
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Filing 280
MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE RE JOINT REQUEST FOR RESOLUTION by Judge Dolly M. Gee: On 12/22/2016, the parties filed a joint request for resolution regarding two issues: (1) whether putative class members include intermediary distributors or third-party vendors (e.g., CPT manufacturers), not just end-purchasers (e.g., Bahamas Surgical Center LLC) and (2) whether entities that receive federal funding constitute "government entities" for the purpose of exclusion from the certified classes #279 . As to the first issue, Plaintiff is ordered to show cause ("OSC") why the Court should not issue an order clarifying that the reference to California "entities and natural persons" in the class definitions involves only end-purchasers like Bahamas Surgical Center. Plaintiff shall file a response to this OSC by 1/10/2017. Any reply from Defendants must be submitted by 1/13/2017. As to the second issue, the Court rejects Defendants' position that the "government owned" entities identified by the U.S. Department of Health and Human Services' Centers for Medicare & Medicaid Services ("CMS") should be excluded from the certified classes. Court Reporter: Not Reported. (gk)
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| Filing 279 STATEMENT Joint Statement Regarding Class Notice and Joint Request for Resolution filed by Plaintiff Bahamas Surgery Center, LLC (Attachments: #1 Exhibit A to Joint Statement Regarding Class Notice and Joint Request for Resolution)(Avenatti, Michael) |
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Filing 278
MINUTES OF IN CHAMBERS - ORDER by Judge Dolly M. Gee: The Court issues the amended Scheduling Order attached hereto. The parties shall comply with the Court's Scheduling and Case Management Order #50 except to the extent it has been modified herein. Jury Trial set for 3/28/2017 08:30 AM before Judge Dolly M. Gee. Final Pretrial Conference set for 2/28/2017 02:00 PM before Judge Dolly M. Gee. Initial Expert Disclosure & Report Deadline 12/27/2016. Rebuttal Expert Disclosure & Report Deadline 1/24/2017. Expert Discovery Cut-Off 2/7/2017. Settlement Conference Completion Date 1/31/2017. Motions in Limine to be filed by 2/7/2017. Opposition to Motion in Limine Filing Deadline 2/14/2017. Joint Status Report Re Settlement due by 2/7/2017. Proposed Pretrial Conference Order due by 2/7/2017. Contentions of Fact/Law 2/7/2017. Pretrial Exhibit Stipulation 2/7/2017. Joint Exhibit List due by 2/7/2017. Witness Lists & Joint Trial Witness Time Estimate Form due by 2/7/2017. Agreed Statement of the Case 2/7/2017. Proposed Voir Dire Questions 2/7/2017. Joint Statement of Jury Instructions & Joint Statement of Disputed Instructions 2/7/2017. Verdict Forms 2/7/2017. Court Reporter: Not Reported. (gk)
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Filing 277
MINUTES OF IN CHAMBERS - ORDER RE DEFENDANTS' MOTION TO STAY PENDING RULE 23(f) PETITION by Judge Dolly M. Gee: In light of Defendants' failure to meet their burden to raise serious questions regarding the Court's Class Certification Order and to establish irreparable harm, the Court DENIES Defendants' motion to stay this action pending resolution of their Rule 23(f) petition #272 Because the parties have not been able to agree upon new pretrial and trial dates and deadlines, the Court will issue an amended schedule with new dates and deadlines that accommodate the Court's calendar. Court Reporter: Not Reported. (gk)
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Filing 276
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendants' Motion to Stay Proceedings Pending Rule 23(f) Petition #272 presently scheduled for hearing on December 16, 2016, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 275 REPLY in support of NOTICE OF MOTION AND MOTION to Stay Case pending Rule 23(f) Petition #272 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Romano, Julia) |
| Filing 274 OPPOSITION opposition re: NOTICE OF MOTION AND MOTION to Stay Case pending Rule 23(f) Petition #272 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Declaration)(Avenatti, Michael) |
| Filing 273 STATUS REPORT (JOINT) filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 272 NOTICE OF MOTION AND MOTION to Stay Case pending Rule 23(f) Petition filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Motion set for hearing on 12/16/2016 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points & Authorities ISO Defendants' Motion to Stay, #2 Declaration of Stephen Devereaux ISO Defendants' Motion to Stay, #3 Proposed Order) (Romano, Julia) |
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Filing 271
ORDER RE DEFENDANTS' SUMMARY JUDGMENT MOTION #197 by Judge Dolly M. Gee. In light of the foregoing, the Court DENIES Defendants' summary judgment motion in its entirety. The parties shall meet and confer within 10 days from the date of this Order and file a Joint Status Report proposing new pretrial conference, trial, and related dates and deadlines. IT IS SO ORDERED. (lom)
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Filing 270
ORDER RE PLAINTIFF'S MOTION FOR CLASS CERTIFICATION by Judge Dolly M. Gee: The Court GRANTS in part and DENIES in part Plaintiff Bahamas Surgery Center, LLC's Motion for Class Certification of its fraud claims pertaining to Defendants' surgical gowns #169 as follows: The Court certifies the classes but only to the extent that they involve the fraudulent concealment claim and the UCL claim based thereon: See document re California Damages/Restitution Class and California Injunctive Relief Class. The Court declines to certify the Nationwide Issue Based Class. The Court appoints Michael Avenatti, Esq. of Eagan Avenatti, LLP as class counsel. (gk)
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| Filing 269 SEALED DOCUMENT - ORDER RE PLAINTIFF'S MOTION FOR CLASS CERTIFICATION. (lom) |
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Filing 268
MINUTE ORDER IN CHAMBERS - ORDER RE APPLICATION TO SEAL #252 by Judge Dolly M. Gee. Non-party Cardinal Health requests to seal Exhibit 136 to the Avenatti Declaration, filed in connection with Defendants' summary judgment motion. Doc. #252 . Cardinal Health contends that the exhibit reveals the substance of a confidential settlement agreement. On the contrary, the exhibit, which consists of deposition excerpts, does not disclose the settlement agreement's substance and merely discusses its existence. Accordingly, the Court DENIES Cardinal Health's request - no compelling reasons exist to seal the exhibit. (lom)
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| Filing 267 NOTICE TO PARTIES by District Judge Dolly M Gee. Effective October 31, 2016, Judge Gee will be located at the 1st Street Courthouse, COURTROOM 8C on the 8th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 8C of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
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Filing 266
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The order on September 30, 2016 #260 is RESCINDED and the Court will issue a revised order. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti)
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| Filing 265 NOTICE OF FILING TRANSCRIPT filed for proceedings 9/30/16 re Transcript #264 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kielwasser, Anne) TEXT ONLY ENTRY |
| Filing 264 TRANSCRIPT for proceedings held on 9/30/16 at 3pm. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number AKtranscripts.com. Tape Number: anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/2/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/10/2017. (Kielwasser, Anne) |
| Filing 263 NOTICE of Change of Attorney Business or Contact Information: for attorney Bradley W Pratt counsel for Defendant Kimberly-Clark Corporation. Changing address and firm name to The Pratt Law Firm, P.C., 3340 Peachtree Road, Suite 2750, Atlanta, Georgia 30326. Changing e-mail and fax number to bpratt@theprattfirm.com; fax (404) 939-4750. Filed by Defendants Kimberly-Clark. (Pratt, Bradley) |
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Filing 262
MINUTES (IN CHAMBERS)- ORDER ON DEFENDANTS' MOTION TO CONTINUE FINAL PRETRIAL CONFERENCE, TRIAL, AND RELATED DEADLINES by Judge Dolly M. Gee. The Court has reviewed and considered Defendants' Motion to Continue Final Pre-Trial Conference, Trial, and Related Deadlines #257 . The Court sua sponte VACATES the current pretrial conference date, the trial date, and related pretrial filing deadlines and will reset them after it issues its Order on Defendants' pending Motion for Summary Judgment. The Motion to Continue the dates is therefore denied as moot. (iv)
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| Filing 261 MINUTES OF Defendants' Motion for Summary Judgment #197 and Defendants' Motion to Continue Final Pretrial Conference, Trial, and Related Deadlines #257 Hearing held before Judge Dolly M. Gee: The cause is called and counsel state their appearance. The Court hears argument. Following oral argument, the Court advises counsel that the motions shall be taken under submission and a written order will issue. Court Reporter: Anne Kielwasser. (kti) |
| Filing 260 SEALED DOCUMENT- ORDER RE PLAINTIFF'S MOTION FOR CLASS CERTIFICATION #169 . (mat) |
| Filing 259 SEALED DOCUMENT PER COURT ORDER 251, EXS 130, 132, 133, AND 134 re Order on Motion for Leave to File Document Under Seal,,, #251 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Avenatti, Michael) |
| Filing 258 REPLY SUR-REPLY IN OPPOSITION NOTICE OF MOTION AND MOTION for Summary Judgment #197 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 257 NOTICE OF MOTION AND MOTION to Continue Final Pre-Trial Conference, Trial and Related Deadlines filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Motion set for hearing on 9/30/2016 at 03:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Romano, Julia) |
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Filing 256
ORDER RE STIPULATION PERMITTING PLAINTIFF'S FILING OF SUR-REPLY IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT by Judge Dolly M. Gee:Upon Stipulation #253 , the Court hereby orders that Plaintiff Bahamas Surgery Center, LLC shall be permitted to file the Sur-Reply in Opposition to Defendants' Motion for Summary Judgment attached to the parties' Stipulation as Exhibit A. Plaintiff shall e-file the Sur-Reply within two days of this Order. (gk)
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| Filing 255 EXHIBIT Filed filed by Plaintiff Bahamas Surgery Center, LLC. as to Order on Motion for Leave to File Document Under Seal,,, #251 , APPLICATION to file document Conditionally Under Seal Exhibits to the Declaration of Michael J. Avenatti in support of Plaintiff Bahamas Surgery Center LLC's Opposition to Motion for Summary Judgment under seal #240 . (Avenatti, Michael) |
| Filing 254 RESPONSE filed by Plaintiff Bahamas Surgery Center, LLCto Memorandum in Support of Motion, #252 to Seal an Exhibit to the Declaration of Michael J. Avenatti (Avenatti, Michael) |
| Filing 253 Joint STIPULATION for Order RE: PLAINTIFF'S FILING OF SUR-REPLY IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order)(Avenatti, Michael) |
| Filing 252 MEMORANDUM in Support of APPLICATION to file document Conditionally Under Seal Exhibits to the Declaration of Michael J. Avenatti in support of Plaintiff Bahamas Surgery Center LLC's Opposition to Motion for Summary Judgment under seal #240 filed by Miscellaneous Non-Party Cardinal Health 200 LLC. (Chow, Teresa) |
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Filing 251
MINUTES (IN CHAMBERS) ORDER RE APPLICATION TO SEAL PLAINTIFFS EXHIBITS AND DECLARATIONS FILED IN SUPPORT OF OPPOSITION TO DEFENDANTS SUMMARY JUDGMENT MOTION #240 #242 by Judge Dolly M. Gee: Pursuant to Local Rule 79-5.2.2(c), Plaintiff shall e-file the unredacted documents consistent with this Order within three (3) days of this Order. IT IS SO ORDERED. (See order for details.) (kti)
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| Filing 250 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment #197 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Defendants' Evidentiary Objections to Plaintiff's Evidence Filed ISO Opposition to Motion for Summary Judgment, #2 Defendants' Responses to Plaintiff's Evidentiary Objections to Declarations of Defendants' Fact Witnesses ISO Motion for Summary Judgment)(Romano, Julia) |
| Filing 249 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Conditionally Under Seal Redacted Portions of the Declaration of Jeffrey O. Stull under seal #242 , APPLICATION to file document Conditionally Under Seal Exhibits to the Declaration of Michael J. Avenatti in support of Plaintiff Bahamas Surgery Center LLC's Opposition to Motion for Summary Judgment under seal #240 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.(Romano, Julia) |
| Filing 248 MEMORANDUM in Support of APPLICATION to file document Conditionally Under Seal Redacted Portions of the Declaration of Jeffrey O. Stull under seal #242 , APPLICATION to file document Conditionally Under Seal Exhibits to the Declaration of Michael J. Avenatti in support of Plaintiff Bahamas Surgery Center LLC's Opposition to Motion for Summary Judgment under seal #240 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Proposed Order)(Romano, Julia) |
| Filing 247 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/26/16 at 10 a.m. re Transcript #246 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kielwasser, Anne) TEXT ONLY ENTRY |
| Filing 246 TRANSCRIPT for proceedings held on 08/26/16 @ 10 a.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number 213-894-2969. Tape Number: anne.kielwasser@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/4/2016. Redacted Transcript Deadline set for 10/14/2016. Release of Transcript Restriction set for 12/12/2016. (Kielwasser, Anne) |
| Filing 245 NOTICE of Manual Filing filed by Plaintiff Bahamas Surgery Center, LLC of CD containing Exhibits 120 and 121 not conducive to e-filing. (Avenatti, Michael) |
| Filing 244 NOTICE of Manual Filing filed by Plaintiff Bahamas Surgery Center, LLC of CD containing Exhibits 67, 68, and 69 not conducive to e-filing. (Avenatti, Michael) |
| Filing 243 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Conditionally Under Seal Exhibits to the Declaration of Michael J. Avenatti in support of Plaintiff Bahamas Surgery Center LLC's Opposition to Motion for Summary Judgment under seal #240 , APPLICATION to file document Conditionally Under Seal Redacted Portions of the Declaration of Jeffrey O. Stull under seal #242 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Declaration of Jeffrey O. Stull, #2 Declaration of Michael J. Avenatti, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit)(Avenatti, Michael) |
| Filing 242 APPLICATION to file document Conditionally Under Seal Redacted Portions of the Declaration of Jeffrey O. Stull under seal filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Declaration of Jeffrey O. Stull in Support of Plaintiff Bahamas Surgery Center, LLC's Opposition to Motion for Summary Judgment, #2 Proposed Order)(Avenatti, Michael) |
| Filing 241 OPPOSITION re: NOTICE OF MOTION AND MOTION for Summary Judgment #197 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Plaintiff Bahamas Surgery Center, LLC's Evidentiary Objections to Declarations of Defendants' Fact Witnesses (Lori Hand, Judson Boothe, Ty Hare, and JD Hurdle) Filed in Support of Defendants' Motion for Summary Judgment, #2 Plaintiff's Statement of Material Facts in Dispute/Response to Defendants' Statement of Uncontroverted Material Facts and Conclusions of Law, #3 Declaration of Rashel Campos, #4 Declaration of Dennis M. Moore)(Avenatti, Michael) |
| Filing 240 APPLICATION to file document Conditionally Under Seal Exhibits to the Declaration of Michael J. Avenatti in support of Plaintiff Bahamas Surgery Center LLC's Opposition to Motion for Summary Judgment under seal filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Declaration of Michael J. Avenatti, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Proposed Order)(Avenatti, Michael) |
| Filing 239 MINUTES OF Plaintiff Bahamas Surgery Centers Motion for Class Certification andAppointment of Class Counsel #169 #206 hearing held before Judge Dolly M. Gee: The cause is called and counsel state their appearance. The Court invites counsel to respond to the tentative ruling. Following oral argument, the Court advises counsel that the motion shall be taken under submission and a written order will issue. Court Reporter: Anne Kielwasser. (kti) |
| Filing 238 NOTICE of Manual Filing filed by Plaintiff Bahamas Surgery Center, LLC of CD containing Exhibits 120 and 121 not conducive to e-filing. (Avenatti, Michael) |
| Filing 237 SEALED DOCUMENT PLAINTIFF BAHAMAS SURGERY CENTER, LLC'S EVIDENTIARY OBJECTIONS TO THE DECLARATIONS OF DEFENDANTS' FACT WITNESSES (JAMIE HANDLER, LORI HAND, JUDSON BOOTHE, TY HARD, AND JD HURDLE) re Order on Motion for Leave to File Document Under Seal,, #235 , APPLICATION to file document Cpnditionally under seal #215 filed by Plaintiff Bahamas Surgery Center, LLC.(Avenatti, Michael) |
| Filing 236 SEALED DOCUMENT EXHIBITS 120, 121, 124 AND 125 TO THE REPLY DECLARATION OF MICHAEL J. AVENATTI FILED IN SUPPORT OF MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL re Order on Motion for Leave to File Document Under Seal,, #235 , APPLICATION to file document Cpnditionally under seal #215 filed by Plaintiff Bahamas Surgery Center, LLC.(Avenatti, Michael) |
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Filing 235
MINUTES (IN CHAMBERS) ORDER RE APPLICATION TO SEAL PLAINTIFFS EXHIBITS 120, 121, 124 AND 125 TO THE REPLY DECLARATION OF MICHAEL J. AVENATTI #215 by Judge Dolly M. Gee: Pursuant to Local Rule 79-5.2.2(c), Plaintiff shall e-file the unredacted documents consistent with this Order within three (3) days of this Order. As for the compact disc, it shall be placed under seal and the materials shall remain confidential. Plaintiff shall comply with Local Rule 79-3. If the compact disc is an original, when appropriate, it is Plaintiffs responsibility to request that the compact disc be returned to counsel. IT IS SO ORDERED. (See order for details.) (kti)
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| Filing 234 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Cpnditionally under seal #215 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.(Romano, Julia) |
| Filing 233 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Cpnditionally under seal #215 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.(Romano, Julia) |
| Filing 232 MEMORANDUM in Support of APPLICATION to file document Cpnditionally under seal #215 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Proposed Order)(Romano, Julia) |
| Filing 231 NOTICE of Manual Filing filed by Plaintiff Bahamas Surgery Center, LLC of Exhibits 120 and 121 to Reply Declaration of Michael J. Avenatti In Support of Plaintiffs' Motion for Class Certification contained on a disk. (Avenatti, Michael) |
| Filing 230 SEALED OPPOSITION RE NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 , NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #206 , Order on Motion for Leave to File Document Under Seal,, #205 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Unredacted Document Exhibit A to Declaration of Jamie Handler, #2 Unredacted Document Exhibit B to Declaration of Jamie Handler, #3 Unredacted Document Exhibit C to Declaration of Jamie Handler, #4 Unredacted Document Declaration of Dominique Hanssens and Exhibits, #5 Unredacted Document Declaration of Lori Hand and Exhibit, #6 Unredacted Document Declaration of Laurence Baker and Exhibits, #7 Unredacted Document Declaration of Ty Hare and Exhibits A-C, #8 Unredacted Document Exhibit D to Declaration of Ty Hare, #9 Unredacted Document Exhibits E-I to Declaration of Ty Hare)(Romano, Julia) |
| Filing 229 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 , NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #206 (redacted versions of memorandum and supporting declarations/exhibits filed per Court Order dated July 29, 2016 (Dkt. No. 205)) filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Redacted Document Exhibit A to Declaration of Jamie Handler, #2 Redacted Document Exhibit B to Declaration of Jamie Handler, #3 Redacted Document Exhibit C to Declaration of Jamie Handler, #4 Redacted Document Declaration of Dominique Hanssens and Exhibits, #5 Redacted Document Declaration of Lori Hand and Exhibits, #6 Redacted Document Declaration of Laurence Baker and Exhibits, #7 Redacted Document Declaration of Ty Hare and Exhibits)(Romano, Julia) |
| Filing 228 NOTICE of Manual Filing filed by Plaintiff Bahamas Surgery Center, LLC of Exhibits 120, 121 contained on a disk. (Avenatti, Michael) |
| Filing 227 DECLARATION of MICHAEL J. AVENATTI IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 , NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #206 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 226 PLAINTIFFS' RESPONSE TO DEFENDANTS' EVIDENTIARY OBJECTIONS TO THE DECLARATION OF MICHAEL WILLIAMS IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 , NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #206 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 225 DECLARATION of DR. MICHAEL A. WILLIAMS IN FURTHER SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 , NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #206 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 224 PLAINTIFFS' RESPONSE TO DEFENDANTS' EVIDENTIARY OBJECTIONS TO THE DECLARATION OF DENNIS M. MOORE IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 , NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #206 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 223 DECLARATION of DENNIS M. MOORE IN FURTHER SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 , NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #206 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 222 PLAINTIFF BAHAMAS SURGERY CENTER, LLC'S RESPONSE TO THE EVIDENTIARY OBJECTIONS TO THE DECLARATION OF JEFFREY O. STULL re NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 , NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #206 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 221 DECLARATION of Jeffrey O. Stull IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND RESPONSE TO EVIDENTIARY OBJECTIONS NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 , NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #206 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 220 PLAINTIFF BAHAMAS SURGERY CENTER, LLC'S RESPONSE TO THE EVIDENTIARY OBJECTIONS TO THE DECLARATION OF DR. DAVID STEWART re NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 , NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #206 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 219 SEALED DOCUMENT Unredacted Declaration of Ty Hare and Exhibits A-I re NOTICE OF MOTION AND MOTION for Summary Judgment #197 , Order on Motion for Leave to File Document Under Seal,, #205 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Exhibit D, #2 Exhibit E-I)(Romano, Julia) |
| Filing 218 DECLARATION of Dr. David W. Stewart NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 , NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #206 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 217 REPLY NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 , NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #206 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 216 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Cpnditionally under seal #215 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit 120, 121, 124, 125, #2 Plaintiff Bahamas Surgery Center, LLC's Evidentiary Objections to Declarations of Defendants' Fact Witnesses)(Avenatti, Michael) |
| Filing 215 APPLICATION to file document Cpnditionally under seal filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit 120, 121, 124, 125, #2 Plaintiff Bahamas Surgery Center, LLC's Redacted Evidentiary Objections to Declarations of Defendants' Facts Witnesses, #3 Proposed Order)(Avenatti, Michael) |
| Filing 214 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Judgment #197 (unredacted per Court Order dated July 29, 2016 (Dkt. No. 205)) filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Lori Hand, #2 Declaration of Ty Hare)(Romano, Julia) |
| Filing 213 NOTICE of Manual Filing filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation of Voluminous Documents on Disc. (Romano, Julia) |
| Filing 212 NOTICE of Manual Filing filed by Plaintiff Bahamas Surgery Center, LLC of Exhibits 67, 68, and 69 contained on a disk. (Avenatti, Michael) |
| Filing 211 DECLARATION of Jeffrey O. Stull NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #206 PER COURT ORDER 204 - REDACTED DECLARATION OF JEFFREY O. STULL IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit)(Avenatti, Michael) |
| Filing 210 DECLARATION of Michael J. Avenatti NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #206 PER COURT ORDER 204 - UNSEALED AND REDACTED SUPPLEMENTAL DECLARATION AND EXHIBITS OF MICHAEL J. AVENATTI [DOC. 168-2] IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Avenatti, Michael) |
| Filing 209 SEALED DOCUMENT PER COURT ORDER 204 - SEALED EXHIBITS 67, 68, 69, 70, 76, 77, 88, AND 98 RE SUPPLEMENTAL DECLARATION OF MICHAEL J. AVENATTI [DOC. 168-2] IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL re Order on Motion for Leave to File Document Under Seal,,, #204 filed by Plaintiff Bahamas Surgery Center, LLC.(Avenatti, Michael) |
| Filing 208 DECLARATION of Michael J. Avenatti NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #206 PER COURT ORDER 204 - UNSEALED AND REDACTED EXHIBITS RE DECLARATION OF MICHAEL J. AVENATTI [DOC. 111-1] IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Avenatti, Michael) |
| Filing 207 SEALED DOCUMENT PER COURT ORDER 204 - SEALED EXHIBITS 13, 15, 16, 17, 18, 19, 21, 24, 25, 26, 31, 32, 33, 35, 38, 39, 40, 41, 42, 47, 48, 57, 61, 64, 65, AND 66 RE DECLARATION OF MICHAEL J. AVENATTI [DOC. 111-1] IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re Order on Motion for Leave to File Document Under Seal,,, #204 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Avenatti, Michael) |
| Filing 206 NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel filed by plaintiff Bahamas Surgery Center, LLC. Motion set for hearing on 8/26/2016 at 10:00 AM before Judge Dolly M. Gee. (Avenatti, Michael) |
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Filing 205
MINUTES (IN CHAMBERS)ORDER RE DEFENDANTS APPLICATION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS SUMMARY JUDGMENT MOTION AND/OR OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION #188 by Judge Dolly M. Gee: For the following reasons, the Court GRANTS in part and DENIES in part Defendants request. Due to the Courts proposed changes in redaction, the documents proposed to be filed under seal will not be considered by the Court in connection with any pending motion unless the parties file revised redacted and unredacted versions of the documents and exhibits addressed herein and in Defendants July 8, 2016 request to seal #188 consistent with this Order by August 8, 2016. IT IS SO ORDERED. (See order for details.) (kti)
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Filing 204
MINUTES (IN CHAMBERS)ORDER RE APPLICATIONS TO SEAL DOCUMENTS #181 by Judge Dolly M. Gee: The Court has now concluded its review of these materials and GRANTS in part and DENIES in part the request as set forth below. Due to the Courts proposed changes in redaction, the documents proposed to be filed under seal will not be considered by the Court in connection with any pending motion unless the parties file revised redacted and unredacted versions of the documents with respect to (1) the affected exhibits addressed herein and in the Courts prior May 25, 2016 Order #158 and (2) the affected documents and exhibits addressed herein and in Defendants June 20, 2016 request to seal #181 consistent with this Order by August 8, 2016.11 Therefore, previously filed Doc. #162 - #166 are hereby STRICKEN. IT IS SO ORDERED. (See order for details.) (kti)
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Filing 203
ORDER RE JOINT STIPULATION TO MODIFY CLASS CERTIFICATION AND SUMMARY JUDGMENT BRIEFING SCHEDULE AND HEARING DATES by Judge Dolly M. Gee. Upon consideration of the JOINT STIPULATION TO MODIFY CLASS CERTIFICATION AND SUMMARY JUDGMENT BRIEFING SCHEDULE AND HEARING DATES #202 , and for good cause shown, the Court hereby orders as follows: Class Certification hearing set for 8/26/2016 at 10:00 AM. Summary Judgment hearing set for 9/30/2016 at 3:00 PM. Final Pretrial Conference set for 10/18/2016 at 3:00 PM. Trial set for 11/1/2016 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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| Filing 202 Joint STIPULATION to Reschedule Class Certification and Summary Judgment Briefing Schedule and Hearing Dates Bahamas Surgery Center, LLC. (Attachments: #1 Proposed Order Granting Joint Stipulation to Modify Class Certification and Summary Judgment Briefing Schedule and Hearing Dates)(Avenatti, Michael) |
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Filing 201
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF BAHAMAS SURGERY CENTER, LLCS EX PARTE APPLICATION TO STRIKE DEFENDANTS EXPERT DECLARATIONS, ETC. #199 by Judge Dolly M. Gee. The Court hereby sua sponte VACATES the August 19, 2016 class certification and September 9, 2016 hearings and shall not hear these motions until after the parties complete all discovery relevant to these motions. Discovery shall be completed by no later than September 13, 2016. The parties shall meet and confer by no later than July 22, 2016 and propose new deadlines and briefing schedules in furtherance of the Courts objective to focus on the merits of these motions. Plaintiffs ex parte application is therefore DENIED as moot. IT IS SO ORDERED. (See order for details.) (kti)
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| Filing 200 Opposition re: EX PARTE APPLICATION for Order for Striking Defendants' Expert Declarations Submitted In Support of Their Opposition to Class Certification #199 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Stephen B. Devereaux)(Romano, Julia) |
| Filing 199 EX PARTE APPLICATION for Order for Striking Defendants' Expert Declarations Submitted In Support of Their Opposition to Class Certification Bahamas Surgery Center, LLC. (Attachments: #1 Declaration of Michael J. Avenatti, #2 Proposed Order) (Avenatti, Michael) |
| Filing 198 Joint STIPULATION to Continue Motion for Summary Judgment from 08/19/2016 to 09/09/2016 Re: NOTICE OF MOTION AND MOTION for Summary Judgment #197 Bahamas Surgery Center, LLC. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 197 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Motion set for hearing on 8/19/2016 at 03:00 PM before Judge Dolly M. Gee. (Romano, Julia) |
| Filing 196 MEMORANDUM in Support Defendants' Motion for Summary Judgment filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Statement of Undisputed Facts, #2 Proposed Order, #3 Declaration of Stephen Devereaux and Exhibits, #4 Declaration of Philip Phillips and Exhibits, #5 Declaration of Dr. William Rutala and Exhibits, #6 Declaration of Duane Steffey and Exhibits, #7 Declaration of Judson Boothe and Exhibits (Part 1), #8 Declaration of Judson Boothe and Exhibits (Part 2), #9 Declaration of Judson Boothe and Exhibits (Part 3), #10 Declaration of Lori Hand and Exhibits (Redacted Version), #11 Declaration of Ty Hare and Exhibits (Redacted Version), #12 Declaration of JD Hurdle and Exhibits (Part 1), #13 Declaration of JD Hurdle and Exhibits (Part 2), #14 Declaration of JD Hurdle and Exhibits (Part 3), #15 Declaration of JD Hurdle and Exhibits (Part 4), #16 Declaration of JD Hurdle and Exhibits (Part 5), #17 Declaration of JD Hurdle and Exhibits (Part 6), #18 Declaration of JD Hurdle and Exhibits (Part 7))(Romano, Julia) |
| Filing 195 Defendants' Evidentiary Objections to Declaration of Dr. Michael Williams ISO Plaintiff's Motion for Class Certification Opposition re: NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Romano, Julia) |
| Filing 194 Defendants' Evidentiary Objections to Declaration of Jeffrey Stull ISO Plaintiff's Motion for Class Certification Opposition re: NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Romano, Julia) |
| Filing 193 Defendants' Evidentiary Objections to Declaration and Survey of David Stewart ISO Plaintiff's Motion for Class Certification Opposition re: NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Romano, Julia) |
| Filing 192 Defendants' Evidentiary Objections to Declaration of Dennis Moore ISO Plaintiff's Motion for Class Certification Opposition re: NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Romano, Julia) |
| Filing 191 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Stephen B. Devereaux and Exhibits (Part 1), #2 Declaration of Stephen B. Devereaux and Exhibits (Part 2), #3 Declaration of Stephen B. Devereaux and Exhibits (Part 3), #4 Declaration of Stephen B. Devereauxand Exhibits (Part 4), #5 Declaration of Laurence Baker and Exhibits (Redacted Version), #6 Declaration of Dominique Hanssens and Exhibits (Redacted Version), #7 Declaration of Philip Phillips and Exhibit, #8 Declaration of Dr. William Rutala and Exhibits, #9 Declaration of Duane Steffey, #10 Declaration of Judson Boothe and Exhibits, #11 Declaration of Lori Hand and Exhibits (Redacted Version), #12 Declaration of Jamie Handler and Exhibits, #13 Declaration of Ty Hare and Exhibits (Redacted Version), #14 Declaration of JD Hurdle and Exhibits (Part 1), #15 Declaration of JD Hurdle and Exhibits (Part 2), #16 Declaration of JD Hurdle and Exhibits (Part 3), #17 Proposed Order)(Romano, Julia) |
| Filing 190 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Certain Declarations, Exhibits, and Related Pleadings, or Portions Thereof, Submitted In Support Of Defendants Motion For Summary Judgment And/Or Opposition To Plaintiffs Motion For Class Certification under seal #188 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Lori Hand, #2 Declaration of Ty Hare, #3 Unredacted Document Unredacted Version of Defendants' Opposition to Plaintiff's Motion for Class Certification, #4 Unredacted Document Unredacted Version of Defendants' Motion for Summary Judgment, #5 Unredacted Document Unredacted Version of Declaration of Dominique Hanssens ISO Defendants' Opposition to Plaintiff's Motion for Class Certification, #6 Unredacted Document Unredacted Version of Declaration of Lori Hand ISO Defendants' Opposition to Plaintiff's Motion for Class Certification, #7 Unredacted Document Unredacted Version of Declaration of Lori Hand ISO Defendants' Motion for Summary Judgment, #8 Unredacted Document Unredacted Version of Declaration of Ty Hare ISO Defendants' Opposition to Plaintiff's Motion for Class Certification (Part 1), #9 Unredacted Document Unredacted Version of Declaration of Ty Hare ISO Defendants' Opposition to Plaintiff's Motion for Class Certification (Part 2), #10 Unredacted Document Unredacted Version of Declaration of Ty Hare ISO Defendants' Opposition to Plaintiff's Motion for Class Certification (Part 3), #11 Unredacted Document Unredacted Version of Declaration of Ty Hare ISO Defendants' Motion for Summary Judgment (Part 1), #12 Unredacted Document Unredacted Version of Declaration of Ty Hare ISO Defendants' Motion for Summary Judgment (Part 2), #13 Unredacted Document Unredacted Version of Declaration of Ty Hare ISO Defendants' Motion for Summary Judgment (Part 3), #14 Unredacted Document Unredacted Version of Declaration of Laurence Baker ISO Defendants' Opposition to Plaintiff's Motion for Class Certification)(Romano, Julia) |
| Filing 189 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Certain Declarations, Exhibits, and Related Pleadings, or Portions Thereof, Submitted In Support Of Defendants Motion For Summary Judgment And/Or Opposition To Plaintiffs Motion For Class Certification under seal #188 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Lori Hand, #2 Declaration of Ty Hare)(Romano, Julia) |
| Filing 188 APPLICATION to file document Certain Declarations, Exhibits, and Related Pleadings, or Portions Thereof, Submitted In Support Of Defendants Motion For Summary Judgment And/Or Opposition To Plaintiffs Motion For Class Certification under seal filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Proposed Order, #2 Redacted Document Redacted Version of Defendants Opposition to Plaintiffs Motion for Class Certification, #3 Redacted Document Redacted Version of Defendants' Motion for Summary Judgment, #4 Redacted Document Redacted Version of Declaration of Dominique Hanssens ISO Defendants Opposition to Plaintiffs Motion for Class Certification, #5 Redacted Document Redacted Version of Declaration of Lori Hand ISO Defendants Opposition to Plaintiffs Motion for Class Certification, #6 Redacted Document Redacted Version of Declaration of Lori Hand ISO Defendants' Motion for Summary Judgment, #7 Redacted Document Redacted Version of Declaration of Ty Hare ISO Defendants Opposition to Plaintiffs Motion for Class Certification, #8 Redacted Document Redacted Version of Declaration of Ty Hare ISO Defendants' Motion for Summary Judgment, #9 Redacted Document Redacted Version of Declaration of Laurence Baker ISO Defendants Opposition to Plaintiffs Motion for Class Certification)(Romano, Julia) |
| Filing 187 NOTICE of Manual Filing filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation of Large Exhibits on Disk. (Calfo, Alexander) |
| Filing 186 NOTICE of Manual Filing filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation of Large Exhibits on Disk. (Calfo, Alexander) |
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Filing 185
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court sua sponte continues Plaintiff Bahamas Surgery Centers Motion for Class Certification and Appointment of Class Counsel #169 from August 19, 2016 at 10:00 a.m. to 3:00 p.m. NOTE CHANGE IN TIME ONLY. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 184 OPPOSITION re: REQUEST to file document Plaintiffs Motion for Class Certification and Appointment of Class Counsel; Supplemental Declaration of Michael J. Avenatti and Exhibits 70-79, 83-98, 100-107, and 115-116 Thereto Filed in Support of Motion for Class Certif #181 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Declaration of Michael J. Avenatti)(Avenatti, Michael) |
| Filing 183 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in Support of Plaintiffs' Motion for Class Certification and Appointment of Class Counsel under seal #167 , REQUEST to file document Plaintiffs Motion for Class Certification and Appointment of Class Counsel; Supplemental Declaration of Michael J. Avenatti and Exhibits 70-79, 83-98, 100-107, and 115-116 Thereto Filed in Support of Motion for Class Certif #181 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Unredacted Document Exh. 73, #2 Unredacted Document Exh. 85, #3 Unredacted Document Exh. 91, #4 Unredacted Document Exh. 93, #5 Unredacted Document Exh. 96, #6 Unredacted Document Exh. 97, #7 Unredacted Document Exh. 100, #8 Unredacted Document Exh. 70, #9 Unredacted Document Exh. 74, #10 Unredacted Document Exh. 76, #11 Unredacted Document Exh. 77, #12 Unredacted Document Exh. 86, #13 Unredacted Document Exh. 87, #14 Unredacted Document Exh. 88, #15 Unredacted Document Exh. 90, #16 Unredacted Document Exh. 98, #17 Unredacted Document Exh. 115, #18 Unredacted Document Exh. 116)(Romano, Julia) |
| Filing 182 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in Support of Plaintiffs' Motion for Class Certification and Appointment of Class Counsel under seal #167 , REQUEST to file document Plaintiffs Motion for Class Certification and Appointment of Class Counsel; Supplemental Declaration of Michael J. Avenatti and Exhibits 70-79, 83-98, 100-107, and 115-116 Thereto Filed in Support of Motion for Class Certif #181 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration J. Bauer, #2 Declaration L. Hand, #3 Declaration J. Handler, #4 Declaration T. Kupec, #5 Declaration S. Mansbach, #6 Declaration B. Pratt, #7 Declaration J. Wesley)(Romano, Julia) |
| Filing 181 REQUEST to file document Plaintiffs Motion for Class Certification and Appointment of Class Counsel; Supplemental Declaration of Michael J. Avenatti and Exhibits 70-79, 83-98, 100-107, and 115-116 Thereto Filed in Support of Motion for Class Certification and Appointment Of Class Counsel; and Declaration of Jeffrey O. Stull in Support of Plaintiffs Motion for Class Certification (as set forth in Plaintiffs' Application to Seal (Dkt. 167)) under seal filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Proposed Order, #2 Redacted Document Exh. 71, #3 Redacted Document Exh. 73, #4 Redacted Document Exh. 85, #5 Redacted Document Exh. 91, #6 Redacted Document Exh. 93, #7 Redacted Document Exh. 96, #8 Redacted Document Exh. 97, #9 Redacted Document Exh. 100)(Romano, Julia) |
| Filing 180 NOTICE of Manual Filing filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation of Large Exhibits on Disk. (Romano, Julia) |
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Filing 179
MINUTES OF IN CHAMBERS - ORDER RE DEFENDANTS' EX PARTE APPLICATION by Judge Dolly M. Gee: On 6/15/2016, Defendants Kimberly-Clark Corporation and Halyard Health, Inc. filed an ex parte application for relief from the Court's 6/14/2016 Order denying Plaintiffs' application to seal #176 . In the interests of justice and in the absence of a showing of prejudice to Plaintiff, the Court GRANTS Defendants' request: Defendants will have until 6/20/2016, as requested, to file declarations that establish compelling reasons why the subject exhibits of the 6/1/2016 Application to Seal #167 should be sealed. As they did before, Defendants must comply with the standards laid out by the Court in its 3/24/2016 Order. Plaintiff's response, if any, must be filed by 6/21/2016 or within 24 hours after Defendants file their statement of compelling reasons, whichever is earlier. The Court will neither strike its 6/14/2016 Order from the record nor the other documents that are the subject of Plaintiffs' most recent sealing application. Instead, the Court will provisionally seal Plaintiff's unredacted motion and the accompanying attachments #175 pending a review of Defendants' filing in support of the sealing request. Court Reporter: Not Reported. (gk)
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| Filing 178 OPPOSITION re: EX PARTE APPLICATION for Relief from June 14, 2016 Order re Order on Motion for Leave to File Document Under Seal,, #174 , Memorandum in Support of Motion,, #175 #176 filed by Plaintiff Bahamas Surgery Center, LLC. (Avenatti, Michael) |
| Filing 176 EX PARTE APPLICATION for Relief from June 14, 2016 Order re Order on Motion for Leave to File Document Under Seal,, #174 , Memorandum in Support of Motion,, #175 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Stephen B. Devereaux, #2 Proposed Order) (Romano, Julia) |
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Filing 177
MINUTES OF IN CHAMBERS - ORDER RE: PLAINTIFFS' MOTION FOR VOLUNTARY DISMISSAL OF THEIR INDIVIDUAL CLAIMS by Judge Dolly M. Gee: Upon consideration of Plaintiff Prime Healthcare Centinela, LLC's and Prime Healthcare Services - Garden Grove, LLC's unopposed Motion For Voluntary Dismissal of Their Individual Claims With Prejudice #172 , the Court hereby orders as follows: Plaintiff Prime Healthcare Centinela, LLC's and Prime Healthcare Services - Garden Grove, LLC's motion is GRANTED. Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, Prime Healthcare Centinela, LLC'S and Prime Healthcare Services Garden Grove, LLC's individual claims are hereby DISMISSED with prejudice. As the remaining Plaintiff in this action, Bahamas Surgery Center, LLC, does not seek dismissal of its claims, those claims will continue unaffected and this Order shall not affect those claims. The 7/15/2016 hearing on this motion is VACATED. Court Reporter: Not Reported. (gk)
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| Filing 175 SEALED DOCUMENT - MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel #169 Unredacted Per Court Order Docket No. 174 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Declaration of Michael J. Avenatti (Part 1), #2 Declaration of Michael J. Avenatti (Part 2), #3 Declaration of Michael J. Avenatti (Part 3), #4 Declaration of Michael J. Avenatti (Part 4), #5 Declaration of Michael J. Avenatti (Part 5), #6 Declaration of Michael J. Avenatti (Part 6), #7 Declaration of Jeffrey O. Stull)(Avenatti, Michael) ** DOCUMENT SEALED PURSUANT TO THE CIVIL MINUTES OF 7/29/2016 #204 , #205 ** Modified on 6/15/2016 (gk). Modified on 8/15/2016 (gk). |
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Filing 174
MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFFS' APPLICATION TO FILE DOCUMENTS IN SUPPORT OF CLASS CERTIFICATION MOTION UNDER SEAL by Judge Dolly M. Gee: On 6/1/2016, Plaintiffs filed an application to file under seal portions of its motion for class certification brief, the Supplemental Declaration of Michael J. Avenatti in support of its motion, and certain exhibits in connection with the motion #167 . The Court DENIES Plaintiffs' application to seal. The documents proposed to be filed under seal will not be considered by the Court in connection with any pending motion, unless Plaintiffs file an unredacted version of the document within three court days of this Order. Court Reporter: Not Reported. (gk)
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| Filing 173 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss plaintiffs Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC #172 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Romano, Julia) |
| Filing 172 NOTICE OF MOTION AND MOTION to Dismiss plaintiffs Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC filed by Plaintiff Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC. Motion set for hearing on 7/15/2016 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Michael J. Avenatti, #3 Proposed Order) (Avenatti, Michael) |
| Filing 171 Notice of Appearance or Withdrawal of Counsel: for attorney Andrew D Stolper counsel for Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. Andrew D. Stolper is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Prime Healthcare Centinela, LLC, et al.. (Attorney Andrew D Stolper added to party Bahamas Surgery Center, LLC(pty:pla), Attorney Andrew D Stolper added to party Knapp Medical Center, LLC(pty:pla), Attorney Andrew D Stolper added to party Prime Healthcare Centinela, LLC(pty:pla), Attorney Andrew D Stolper added to party Prime Healthcare Services - Garden Grove, LLC(pty:pla), Attorney Andrew D Stolper added to party Prime Healthcare Services - Harlingen, LLC(pty:pla), Attorney Andrew D Stolper added to party Prime Healthcare Services - Landmark, LLC(pty:pla))(Stolper, Andrew) |
| Filing 170 NOTICE of Manual Filing filed by Plaintiff Bahamas Surgery Center, LLC of Exhibits 67, 68, and 69 contained on a disk. (Avenatti, Michael) |
| Filing 169 NOTICE OF MOTION AND MOTION to Certify Class and Appointment of Class Counsel filed by Plaintiffs Bahamas Surgery Center, LLC. Motion set for hearing on 8/19/2016 at 10:00 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Class Certification and Appointment of Class Counsel, #2 Supp. Declaration of Michael J. Avenatti (Part 1), #3 Supp. Declaration of Michael J. Avenatti (Part 2), #4 Supp. Declaration of Michael J. Avenatti (Part 3), #5 Declaration of Jeffrey O. Stull, #6 Declaration of Rashel Campos, #7 Declaration of Dr. Michael A. Williams, #8 Declaration of Dennis M. Moore, #9 Declaration of Dr. David Stewart, #10 Proposed Order) (Avenatti, Michael) |
| Filing 168 SEALED DOCUMENT re APPLICATION to file document in Support of Plaintiffs' Motion for Class Certification and Appointment of Class Counsel under seal #167 , Protective Order #55 filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Unredacted Document Plaintiff's Memorandum of Points and Authorities in Support of Motion for Class Certification and Appointment of Class Counsel, #2 Unredacted Document Supp. Declaration of Michael J. Avenatti (Part 1), #3 Unredacted Document Supp. Declaration of Michael J. Avenatti (Part 2), #4 Unredacted Document Supp. Declaration of Michael J. Avenatti (Part 3), #5 Unredacted Document Supp. Declaration of Michael J. Avenatti (Part 4), #6 Unredacted Document Supp. Declaration of Michael J. Avenatti (Part 5), #7 Unredacted Document Supp. Declaration of Michael J. Avenatti (Part 6), #8 Unredacted Document Declaration of Jeffrey O. Stull)(Avenatti, Michael) |
| Filing 167 APPLICATION to file document in Support of Plaintiffs' Motion for Class Certification and Appointment of Class Counsel under seal filed by Plaintiff Bahamas Surgery Center, LLC. (Attachments: #1 Redacted Document Plaintiff's Memorandum of Points and Authorities in Support of Motion for Class Certification and Appointment of Class Counsel, #2 Declaration Redacted Declaration of Michael J. Avenatti (Part 1), #3 Declaration Redacted Declaration of Michael J. Avenatti (Part 2), #4 Declaration Redacted Declaration of Michael J. Avenatti (Part 3), #5 Declaration Redacted Declaration of Jeffrey O. Stull, #6 Proposed Order)(Avenatti, Michael) |
| Filing 166 [STRICKEN PURSUANT TO COURT ORDER #204 ] EXHIBIT Filed filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Exhibits 7, 36, 37, 43, 44, 58, 62, and 63 (REDACTED) as to APPLICATION to file document Exhibits 1-66 (or portions thereof) which Plaintiffs represent they intend to file in support of their motion for class certification under seal #141 , Order on Motion for Leave to File Document Under Seal,,,,, Order on Motion to Unseal Document,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #158 . (Romano, Julia) Modified on 7/29/2016 (kti). |
| Filing 165 [STRICKEN PURSUANT TO COURT ORDER #204 ] SEALED DOCUMENT Exhibits 62 and 63 (Unredacted) re APPLICATION to file document Exhibits 1-66 (or portions thereof) which Plaintiffs represent they intend to file in support of their motion for class certification under seal #141 , Order on Motion for Leave to File Document Under Seal,,,,, Order on Motion to Unseal Document,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #158 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.(Romano, Julia) Modified on 7/29/2016 (kti). |
| Filing 164 [STRICKEN PURSUANT TO COURT ORDER #204 ] SEALED DOCUMENT Exhibits 7, 36, 37, 43, 44, and 58 (Unredacted) re APPLICATION to file document Exhibits 1-66 (or portions thereof) which Plaintiffs represent they intend to file in support of their motion for class certification under seal #141 , Order on Motion for Leave to File Document Under Seal,,,,, Order on Motion to Unseal Document,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #158 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.(Romano, Julia) Modified on 7/29/2016 (kti). |
| Filing 163 [STRICKEN PURSUANT TO COURT ORDER #204 ] SEALED DOCUMENT Exhibits 31, 32, 33, 35, 38, 39, 40, 41, 42, 47, 48, 57, 61, 64, 65, and 66 re APPLICATION to file document Exhibits 1-66 (or portions thereof) which Plaintiffs represent they intend to file in support of their motion for class certification under seal #141 , Order on Motion for Leave to File Document Under Seal,,,,, Order on Motion to Unseal Document,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #158 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.(Romano, Julia) Modified on 7/29/2016 (kti). |
| Filing 162 [STRICKEN PURSUANT TO COURT ORDER #204 ]SEALED DOCUMENT Exhibits 11, 13, 15, 16, 17, 18, 19, 21, 23, 24, 25, and 26 re APPLICATION to file document Exhibits 1-66 (or portions thereof) which Plaintiffs represent they intend to file in support of their motion for class certification under seal #141 , Order on Motion for Leave to File Document Under Seal,,,,, Order on Motion to Unseal Document,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, #158 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.(Romano, Julia) Modified on 7/29/2016 (kti). |
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Filing 161
MINUTES OF IN CHAMBERS - ORDER RE DEFENDANTS' MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION by Judge Dolly M. Gee: The Court GRANTS Defendants' motion to dismiss the claims of the non-California Plaintiffs for lack of personal jurisdiction without prejudice #113 , #114 . The 5/27/2016 hearing on this matter is VACATED. Court Reporter: Not Reported. (gk)
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Filing 160
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendant Kimberly-Clark Corporation's Motion to Dismiss the Claims of the Out-of-State Plaintiffs for Lack of Personal Jurisdiction #113 and Defendant Halyard Health Inc.'s Motion to Dismiss the Claims of the Out-of-State Plaintiffs for Lack of Personal Jurisdiction #114 presently scheduled for hearing on May 27, 2016, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motions are taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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Filing 159
MINUTES OF IN CHAMBERS - ORDER RE NON-PARTY CBS BROADCASTING INC.'S MOTION TO INTERVENE by Judge Dolly M. Gee: The Court DENIES CBS Broadcasting, Inc.'s motion to intervene #134 without prejudice. Court Reporter: Not Reported. (gk)
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Filing 158
MINUTES OF IN CHAMBERS - ORDER RE APPLICATIONS TO SEAL AND UNSEAL DOCUMENTS #110 , #112 , #122 , #125 , #135 , #141 , #144 , #146 by Judge Dolly M. Gee: Both parties have filed applications to seal portions of the Declaration of Michael J. Avenatti in Support of Plaintiffs' Motion for Class Certification, along with 66 attached exhibits. The Court orders the following: Exhibits 1, 2, 3, 4, 5, 6, 8, 9, 10, 12, 14, 20, 22, 27, 28, 29, 30, 34, 45, 46, 49, 50, 51, 52, 53, 54, 55, 56, 59, and 60 shall be unsealed. Exhibits 11, 13, 15, 16, 17, 18, 19, 21, 23, 24, 25, 26, 31, 32, 33, 35, 38, 39, 40, 41, 42, 47, 48, 57, 61, 64, 65, and 66 shall be sealed in their entirety. Exhibits 7, 36, 37, 43, 44, 58, 62, 63 shall be redacted in accordance with the chart (in this order). Pursuant to Local Rule 79-5.2.2(c), the parties shall e-file replacement documents that are consistent with this Order for the following documents within three days of this Order: Doc No. 122, 125, 135, 141, 144, and 146. See document for further details. Court Reporter: Not Reported. (gk)
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Filing 157
ORDER RE FIFTH AMENDMENT TO SCHEDULING ORDER TO MODIFY CLASS CERTIFICATION BRIEFING SCHEDULE AND HEARING by Judge Dolly M. Gee: Upon Stipulation #156 , the Court hereby orders as follows: Plaintiffs' Class Certification Motion due 6/1/2016. Defendants' Opposition to Class Certification 7/8/2016. Reply in Support of Class Certification 7/29/2016. Class Certification Hearing set for 8/19/2016 at 10:00 AM. (gk)
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| Filing 156 Joint STIPULATION to AMEND Order, #151 filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 155 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction (Personal) #113 filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Declaration of Stephen B. Devereaux in support of Defendants' Motions to Dismiss)(Romano, Julia) |
| Filing 154 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction (Personal) #114 filed by Defendant Halyard Health, Inc.. (Attachments: #1 Declaration of Stephen B. Devereaux in support of Defendants' Motions to Dismiss)(Romano, Julia) |
| Filing 153 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction (Personal) #114 filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Declaration of Michael J. Avenatti in Support of Plaintiff's Opposition to Halyard Health Inc.'s Motion to Dismiss)(Avenatti, Michael) |
| Filing 152 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction (Personal) #113 filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Declaration of Michael J. Avenatti in Support of Plaintiff's Opposition to Kimberly-Clark Corporation's Motion to Dismiss)(Avenatti, Michael) |
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Filing 151
ORDER RE JOINT STIPULATION TO FURTHER AMEND SCHEDULING ORDER TO MODIFY CLASS CERTIFICATION BRIEFING SCHEDULE AND HEARING by Judge Dolly M. Gee: Upon Stipulation #149 , the Court hereby orders the Court's Scheduling Order is amended as follows: Plaintiffs' Class Certification Motion due 5/20/2016. Defendants' Opposition to Class Certification due 6/24/2016. Reply in Support of Class Certification 7/15/2016. Class Certification Hearing set for 7/29/2016 at 10:00 AM. (gk)
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| Filing 150 NOTICE OF ERRATA filed by Interested Party Intertek Group plc. correcting Protective Order #55 (Handman, Daniel) |
| Filing 149 Joint STIPULATION for Extension of Time to File Class Certification Briefing filed by Plaintiffs Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
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Filing 148
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Plaintiffs' Motion to Unseal Declaration #112 and Non-Party CBS Broadcasting Inc.'s Motion to Intervene #134 presently scheduled for hearing on April 22, 2016, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motions are taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 147 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Plaintiffs' Response to Declarations Filed by Defendants Relating to Sealing of Declaration of Michael Avenatti under seal #146 filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Unredacted Document Plaintiffs' Response to Declarations Filed by Defendants Relating to Sealing of Declaration of Michael Avenatti)(Avenatti, Michael) |
| Filing 146 APPLICATION to file document Plaintiffs' Response to Declarations Filed by Defendants Relating to Sealing of Declaration of Michael Avenatti under seal filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Redacted Document Plaintiffs' Redacted Response to Declarations Filed by Defendants Relating to Sealing of Declaration of Michael Avenatti and Exhibits Thereto, #2 Proposed Order)(Avenatti, Michael) |
| Filing 145 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Plaintiffs' Reply to Brief of Non-Party Cardinal Health under seal #144 filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Unredacted Document Plaintiffs' Reply to Brief of Non-Party Cardinal Health)(Avenatti, Michael) |
| Filing 144 APPLICATION to file document Plaintiffs' Reply to Brief of Non-Party Cardinal Health under seal filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Redacted Document Plaintiffs' Redacted Reply to Brief of Non-Party Cardinal Health, #2 Proposed Order)(Avenatti, Michael) |
| Filing 143 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Intervene #134 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Lacking statement re conference of counsel, pursuant to Local Rule 7-3. Proposed order not submitted pursuantto Local Rule 52-4.1. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv) |
| Filing 142 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits 1-66 (or portions thereof) which Plaintiffs represent they intend to file in support of their motion for class certification under seal #141 , APPLICATION to file document under seal #110 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Unredacted Document Unredacted Exhibits (Kupec Decl), #2 Declaration of Jamie Handler, #3 Unredacted Document Unredacted Exhibits (Handler Decl), #4 Declaration of Judson Boothe, #5 Unredacted Document Unredacted Exhibits (Boothe Decl), #6 Declaration of JD Hurdle, #7 Unredacted Document Unredacted Exhibits (Hurdle) - Part 1 of 2, #8 Unredacted Document Unredacted Exhibits (Hurdle) - Part 2 of 2, #9 Declaration of Ross Mansbach, #10 Unredacted Document Unredacted Exhibits (Mansbach Decl))(Romano, Julia) |
| Filing 141 APPLICATION to file document Exhibits 1-66 (or portions thereof) which Plaintiffs represent they intend to file in support of their motion for class certification under seal filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Proposed Order, #2 Redacted Document Redacted Exhibits (Handler Decl), #3 Redacted Document Redacted Exhibits (Hurdle Decl))(Romano, Julia) |
| Filing 140 OPPOSITION to NOTICE OF MOTION AND MOTION to Unseal Document Sealed Declaration in SupportDeclaration,,, #111 #112 (Brief in Response to Plaintiffs' Motion to Unseal) filed by Movant Cardinal Health 200, LLC. (Chow, Teresa) |
| Filing 139 OPPOSITION to NOTICE OF MOTION AND MOTION to Intervene #134 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Attachments: #1 Declaration of Stephen B. Devereaux, #2 Certificate of Service on Non-Party)(Romano, Julia) |
| Filing 138 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Intervene #134 filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Avenatti, Michael) |
| Filing 137 DECLARATION of Michael J. Avenatti in support of Reply to NOTICE OF MOTION AND MOTION to Unseal Document Sealed Declaration in SupportDeclaration,,, #111 #112 , APPLICATION to file document under seal #135 filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Avenatti, Michael) |
| Filing 136 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #135 filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC, Miscellaneous Non-Party Cardinal Health 200 LLC. (Attachments: #1 Unredacted Document - Plaintiffs' Reply in support of Motion to Unseal Declaration of Michael Avenatti and Exhibits Thereto Filed in support of Motion for Class Certification)(Avenatti, Michael) |
| Filing 135 APPLICATION to file document under seal filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Redacted Document - Plaintiffs' Redacted Reply in support of Motion to Unseal Declaration of Michael Avenatti and Exhibits Thereto Filed in support of Motion for Class Certification, #2 Proposed Order)(Avenatti, Michael) |
| Filing 134 NOTICE OF MOTION AND MOTION to Intervene filed by Intervenor CBS Broadcasting Inc.. Motion set for hearing on 4/22/2016 at 09:30 AM before Judge Dolly M. Gee. (Attorney Carl R Benedetti added to party CBS Broadcasting Inc.(pty:intv)) (Benedetti, Carl) |
| Filing 133 NOTICE of Change of other firm name or address information by Julia Elizabeth Romano attorney for Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Changing Firm Address Only. Filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Romano, Julia) |
| Filing 132 OPPOSITION to NOTICE OF MOTION AND MOTION to Unseal Document Sealed Declaration in SupportDeclaration,,, #111 #112 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. (Romano, Julia) |
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Filing 131
MINUTES IN CHAMBERS - ORDER RE DEADLINE TO SUBMIT SUPPORTING DECLARATIONS by Judge Dolly M. Gee. On March 24, 2016, the Court ordered the Designating Parties to submit by March 31, 2016, supporting declarations establishing compelling reasons for sealing documents that Plaintiffs filed in connection with their class certification motion. #124 The Court subsequently granted the parties' stipulation to amend the briefing schedule, which included moving the deadline for Plaintiffs' class certification motion from April 8, 2016 to May 6, 2016. #127 In light of this amended schedule, the Court extends the deadline for the Designating Parties to file their supporting declarations from March 31, 2016 to April 14, 2016. Accordingly, non-party Cardinal Health 200, LLCs ex parte application for more time to submit its declaration and Plaintiff's application to file an opposition to the ex parte application under seal are DENIED as moot. #128 , #129 . The Court will continue to defer ruling on all applications to seal until after it receives supporting declarations from the Designating Parties in accordance with the schedule set forth herein. (lom)
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| Filing 130 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #129 filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Unredacted Document Plaintiffs' Opposition to Non-Party Cardinal Health 200 LLC's Ex Parte Application to Extend Deadline to Submit Declarations)(Avenatti, Michael) |
| Filing 129 APPLICATION to file document under seal filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Redacted Document Plaintiffs' Opposition to Non-Party Cardinal Health 200 LLC's Ex Parte Application to Extend Deadline to Submit Declarations, #2 Proposed Order)(Avenatti, Michael) |
| Filing 128 EX PARTE APPLICATION for Extension of Time to File Declarations filed by Non-Party Non-Party Cardinal Health 200 LLC. (Attachments: #1 Memorandum in Support of Ex Parte Application to Extend Deadline to Submit Declarations, #2 Declaration of Joseph E. Ezzie, #3 Proposed Order) (Chow, Teresa) |
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Filing 127
ORDER RE JOINT STIPULATION TO AMEND SCHEDULING ORDER TO MODIFY CLASS CERTIFICATION BRIEFING SCHEDULE AND HEARING AND TO EXTEND PAGE LIMITS FOR BRIEFING by Judge Dolly M. Gee: Upon Stipulation #121 , the Court hereby orders as follows: Plaintiffs' Class Certification Motion due 5/6/2016. Defendants' Opposition to Class Certification due 6/3/2016. Reply in Support of Class Certification 6/17/2016. Class Certification Hearing on 7/1/2016 at 10:00 AM. (gk)
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| Filing 126 SEALED DOCUMENT re Order on Motion for Leave to File Document Under Seal,,,, #124 , APPLICATION to file document under seal #125 , NOTICE OF MOTION AND MOTION to Unseal Document Sealed Declaration in SupportDeclaration,,, #111 #112 , Protective Order #55 filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Unredacted Document Plaintiffs' Memorandum of Points and Authorities In Support of Motion to Unseal Declaration of Michael Avenatti and Exhibits Thereto, #2 Unredacted Document Declaration of Michael J. Avenatti In Support of Motion to Unseal Declaration of Michael Avenatti and Exhibits, #3 Proposed Order)(Avenatti, Michael) |
| Filing 125 APPLICATION to file document under seal filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Redacted Document Plaintiff's' Memorandum of Points and Authorities in support of Motion to Unseal Declaration of Michael J. Avenatti, #2 Redacted Document Declaration of Michael J. Avenatti in support of Motion to Unseal Declaration of Michael J. Avenatti, #3 Proposed Order)(Avenatti, Michael) |
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Filing 124
MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFFS' APPLICATION TO FILE DOCUMENTS UNDER SEAL by Judge Dolly M. Gee: The Court defers ruling on Plaintiffs' application to seal portions of the Declaration of Michael J. Avenatti in Support of Plaintiffs' Motion for Class Certification, along with certain attached exhibits #110 pending a showing of compelling reasons by Defendants or other Designating Parties. Within seven days from the date of this Order, the Designating Parties shall submit declarations establishing compelling reasons for sealing the Subject Documents. The declarations must explain why the proposed sealing or redactions are narrowly tailored to seal only the sealable material. Additionally, Defendants shall file a proposed order listing in table form each document or portion thereof to be filed under seal. Absent such a declaration compliant with the Local Rule, Plaintiffs are ordered to re-file an unredacted version of its Motion and the underlying Subject Documents by 4/1/2016. Court Reporter: Not Reported. (gk)
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| Filing 123 SEALED DOCUMENT re APPLICATION to file document under seal #122 , Protective Order #55 filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Unredacted Document - Notice of Errata, #2 Unredacted Document Ex. A - Avenatti Declaration with Exhibits in support of Plaintiffs' Motion for Class Certification)(Avenatti, Michael) |
| Filing 122 APPLICATION to file document under seal filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Redacted Document - Notice of Errata, #2 Redacted Document Ex A - Avenatti Declaration with Exhibits in support of Plaintiffs' Motion for Class Certification, #3 Proposed Order)(Avenatti, Michael) |
| Filing 121 Joint STIPULATION to AMEND Order on Motion to Amend/Correct,,,,,, #78 filed by plaintiff Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
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Filing 120
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Dolly M. Gee: granting #119 APPLICATION to Appear Pro Hac Vice by Attorney Zachary A. McEntyre on behalf of Defendant Kimberly-Clark Corporation, designating Alexander G. Calfo as local counsel. (lt)
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| Filing 119 APPLICATION for attorney Zachary A. McEntyre to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17516816 paid.) filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Proposed Order) (Calfo, Alexander) |
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Filing 118
ORDER RE: DEFENDANT'S MOTION TO COMPEL by Magistrate Judge Paul L. Abrams: Defendants Motion is granted in part and denied in part as set forth above. No later than April 8, 2016, plaintiffs shall provide all interrogatory responses and produce all documents in their possession, custody, or control responsive to defendants requests for production, as detailed above, as well as the required declaration(s). To the extent plaintiffs withhold any documents based on any claim of privilege, a detailed privilege log must be provided. See The Rutter Group, California Practice Guide, Federal Civil Procedure Before Trial, Form 11:A (Privilege Log). Defendants unspecified and unsubstantiated request for expenses is denied. *See Order.* (es)
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Filing 117
ORDER GRANTING APPLICATION TO FILE UNDER SEAL PLAINTIFFS' EXHIBIT 1 TO LOCAL RULE 37-1 JOINT STIPULATION REGARDING DEFENDANT KIMBERLY-CLARK CORPORATIONS MOTION TO COMPEL FURTHER DISCOVERY RESPONSES FROM PLAINTIFFS by Magistrate Judge Paul L. Abrams. The Court hereby orders that the #108 Application is GRANTED. The unredacted Plaintiffs' Exhibit 1 to Local Rule 37-1 Joint Stipulation regarding Defendant Kimberly-Clark Corporation's Motion to Compel Further Discovery Responses from Plaintiffs shall be filed under seal. *See Order.* (es)
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| Filing 116 SUPPLEMENT to Joint MOTION to Compel Further Discovery Responses from Plaintiffs #107 Supplemental Memorandum in support of Motion to Compel filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Exhibit AA)(Romano, Julia) |
| Filing 115 SUPPLEMENT to Joint MOTION to Compel Further Discovery Responses from Plaintiffs #107 filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Avenatti, Michael) |
| Filing 114 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction (Personal) filed by Defendant Halyard Health, Inc.. Motion set for hearing on 5/27/2016 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum in Support of its Motion to Dismiss, #2 Declaration of Lori Hand, #3 Proposed Order) (Romano, Julia) |
| Filing 113 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction (Personal) filed by Defendant Kimberly-Clark Corporation. Motion set for hearing on 5/27/2016 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum In Support of its Motion to Dismiss, #2 Declaration of Drew Alexandrou, #3 Proposed Order) (Romano, Julia) |
| Filing 112 NOTICE OF MOTION AND MOTION to Unseal Document Sealed Declaration in SupportDeclaration,,, #111 filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. Motion set for hearing on 4/22/2016 at 09:30 AM before Judge Dolly M. Gee. (Avenatti, Michael) |
| Filing 111 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #110 filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Unredacted Document - Declaration of Michael J. Avenatti with Exhibits 1-22 in support of Plaintiffs' Motion for Class Certification, #2 Unredacted Document - Declaration of Michael J. Avenatti with Exhibits 23-41 in support of Plaintiffs' Motion for Class Certification, #3 Unredacted Document - Declaration of Michael J. Avenatti with Exhibits 42-58 in support of Plaintiffs' Motion for Class Certification, #4 Unredacted Document - Declaration of Michael J. Avenatti with Exhibits 59-66 in support of Plaintiffs' Motion for Class Certification)(Avenatti, Michael) |
| Filing 110 APPLICATION to file document under seal filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC. (Attachments: #1 Redacted Document - Declaration of Michael J. Avenatti with Exhibits in support of Plaintiffs' Motion for Class Certification, #2 Proposed Order)(Avenatti, Michael) |
| Filing 109 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Plaintiffs' Exhibit 1 to Joint Stipulation under seal #108 filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Unredacted Document Plaintiffs' Exhibit 1 to Joint Stipulation (Dkt. #107))(Romano, Julia) |
| Filing 108 APPLICATION to file document Plaintiffs' Exhibit 1 to Joint Stipulation under seal filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Declaration of J. Romano, #2 Redacted Document Plaintiffs' Exhibit 1 to Joint Stipulation, #3 Proposed Order)(Romano, Julia) |
| Filing 107 NOTICE OF MOTION AND Joint MOTION to Compel Further Discovery Responses from Plaintiffs filed by Defendant Kimberly-Clark Corporation. Motion set for hearing on 4/5/2016 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Declaration of B. Pratt, #2 Exhibit A through F, #3 Exhibit G, #4 Exhibit H, #5 Exhibit I, #6 Exhibit J, #7 Exhibit K, #8 Exhibit L, #9 Exhibit M through Z, #10 Declaration of M Avenatti and Plaintiffs' Exhibit 1 (Redacted), #11 Proposed Order)(Romano, Julia) |
| Filing 106 TEXT ONLY ENTRY (In Chambers) by Magistrate Judge Paul L. Abrams. Defendant Kimberly-Clark Corporation's Application to File Under Seal Plaintiffs' Exhibit 1 to Local Rule 37-1 Joint Stipulation #103 , and Declaration in Support of Application #104 , both filed on March 10, 2016, are STRICKEN FROM THE RECORD. NO PENDING MOTION TO WHICH SUBJECT EXHIBIT RELATES. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ch) TEXT ONLY ENTRY |
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Filing 105
ORDER GRANTING PLAINTIFF HRAYR SHAHINIAN'S MOTION FOR VOLUNTARY DISMISSAL OF HIS INDIVIDUAL CLAIMS WITH PREJUDICE by Judge Dolly M. Gee: The Court hereby Orders Plaintiff Hrayr Shahinian's Motion for Voluntary Dismissal of His Individual Claims With Prejudice #83 is GRANTED. Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, Plaintiff Shahinian's individual claims are hereby dismissed with prejudice. As the remaining Plaintiffs in this action do not seek dismissal of their claims, those claims will continue unaffected and this Order shall not affect those claims. The 3/11/2016 hearing on this motion is VACATED. (gk)
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| Filing 104 **STRICKEN FROM THE RECORD. SEE DOCKET NO. 106** SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Plaintiffs' Exhibit 1 to Joint Stipulation under seal #103 filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Unredacted Document Plaintiffs' Exhibit 1)(Romano, Julia) Modified on 3/14/2016 (ch). |
| Filing 103 **STRICKEN FROM THE RECORD. SEE DOCKET NO. 106** APPLICATION to file document Plaintiffs' Exhibit 1 to Joint Stipulation under seal filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Declaration of Julia E. Romano, #2 Exhibit 1 (Plaintiffs'), #3 Proposed Order)(Romano, Julia) Modified on 3/14/2016 (ch). |
| Filing 102 MINUTES (IN CHAMBERS) by Magistrate Judge Paul L. Abrams. On February 17, 2016, defendant Kimberly-Clark Corporation ("defendant") filed a "Motion to Compel Further Discovery Responses" ("Motion" or "Mot.") from plaintiff Hrayr Shahinian (Dkt. No. #93 ), along with a Joint Stipulation ("JS") setting forth the positions of the parties. (Dkt. No. 93). In light of the pending March 11, 2016, hearing on plaintiff's motion to voluntarily dismiss his claims, and the impact a ruling on that motion could have on this discovery Motion, defendant's Motion is DENIED WITHOUT PREJUDICE. If the District Judge denies plaintiff's motion to voluntarily dismiss his claims, or grants that motion with the "curative" conditions requested by defendant, defendant may resubmit its Motion, if warranted, as modified to reflect the District Judge's ruling. SEE ORDER FOR DETAILS. (ch) |
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DOCUMENT number 102, MINUTES (IN CHAMBERS) ORDER by Magistrate Judge Paul L. Abrams deleted for the following reason: Document 102 deleted per Judge Abrams direction.(lmh)
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| Filing 101 SEALED REPLY RE NOTICE OF MOTION AND MOTION to Dismiss Plaintiff Hrayr Shahinian #83 , Order,,, #100 filed by Plaintiff Hrayr Shahinian. (Attachments: #1 Supplemental Declaration of Michael J. Avenatti)(Avenatti, Michael) |
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Filing 100
ORDER GRANTING APPLICATION TO FILE DOCUMENTS UNDER SEAL by Judge Dolly M. Gee. Upon consideration of the Application to File Under Seal Plaintiff Hrayr Shahinians Reply and Supplemental Declaration of Michael J. Avenatti in Support of Motion for Voluntary Dismissal of His Individual Claims With Prejudice Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure #87 , and for good cause shown, the Court hereby orders that the Application is GRANTED. Pursuant to Local Rule 79- 5.2.2(c), plaintiff shall e-file the unredacted Reply in Support of Motion for Voluntary Dismissal With Prejudice, and the unredacted Supplemental Declaration of Michael J. Avenatti in Support of Motion for Voluntary Dismissal With Prejudice under seal within three (3) days of this order. IT IS SO ORDERED. (clee)
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| Filing 99 DENIED BY ORDER of Judge Dolly M. Gee, re Kimberly-Clark Corporation's Ex Parte Application for Leave to File a Surreply to PLaintiff Hrayr Shahinian's Motion for Voluntary Dismissal of His Individual Claims with Prejudice #92 . (gk) |
| Filing 98 SEALED DOCUMENT Defendant Kimberly-Clark Corporation's Local Rule 37-2.3 Supplemental Memorandum re SEALED NOTICE OF MOTION AND MOTION Joint Stipulation Regarding Defendant Kimberly-Clark Corporation's Motion to Compel Further Discovery Responses from Plaintiff Hrayr Shahinian re Order on Motion for Leave to File Document Under Seal, #93 , Order on Motion for Leave to File Document Under Seal, #97 filed by Defendant Kimberly-Clark Corporation.(Romano, Julia) |
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Filing 97
ORDER by Magistrate Judge Paul L. Abrams GRANTING APPLICATION TO FILE UNDER SEAL DEFENDANT KIMBERLY-CLARK CORPORATION'S LOCAL RULE 37-2.3 SUPPLEMENTAL MEMORANDUM IN SUPPORT OF ITS MOTION TO COMPEL FURTHER DISCOVERY RESPONSES FROM PLAINTIFF HRAYR SHAHINIAN #95 (ch)
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| Filing 96 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Local Rule 37-2.3 Supplemental Memorandum in Support of its Motion to Compel Further Discovery Responses from Plaintiff under seal #95 filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Unredacted Document)(Romano, Julia) |
| Filing 95 APPLICATION to file document Local Rule 37-2.3 Supplemental Memorandum in Support of its Motion to Compel Further Discovery Responses from Plaintiff under seal filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Declaration, #2 Redacted Document, #3 Proposed Order)(Romano, Julia) |
| Filing 94 OPPOSITION to EX PARTE APPLICATION to To File a Surreply to Plaintiff Hrayr Shahinian's Motion for Voluntary Dismissal of His Individual Claims With Prejudice #92 filed by Plaintiff Hrayr Shahinian. (Avenatti, Michael) |
| Filing 93 SEALED NOTICE OF MOTION AND MOTION Joint Stipulation Regarding Defendant Kimberly-Clark Corporation's Motion to Compel Further Discovery Responses from Plaintiff Hrayr Shahinian re Order on Motion for Leave to File Document Under Seal, #91 filed by Defendant Kimberly-Clark Corporation. Motion set for hearing on 3/15/2016 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Proposed Order)(Romano, Julia) |
| Filing 92 EX PARTE APPLICATION to To File a Surreply to Plaintiff Hrayr Shahinian's Motion for Voluntary Dismissal of His Individual Claims With Prejudice filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Memorandum of Points and Authorities in Support of Ex Parte Application, #2 Declaration of Bradley W. Pratt in Support of Ex Parte Application, #3 Proposed Order) (Romano, Julia) |
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Filing 91
ORDER by Magistrate Judge Paul L. Abrams, GRANTING #89 APPLICATION TO FILE UNDER SEAL LOCAL RULE 37-1 JOINT STIPULATION REGARDING DEFENDANT KIMBERLY-CLARK CORPORATIONS MOTION TO COMPEL FURTHER DISCOVERY RESPONSES FROM PLAINTIFF HRAYR SHAHINIAN (es)
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| Filing 90 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Joint Stipulation Regarding Kimberly-Clark's Motion to Compel Further Discovery under seal #89 filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Unredacted Document Joint Stipulation)(Romano, Julia) |
| Filing 89 APPLICATION to file document Joint Stipulation Regarding Kimberly-Clark's Motion to Compel Further Discovery under seal filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Proposed Order, #2 Redacted Document Declaration, #3 Redacted Document Joint Stipulation)(Romano, Julia) |
| Filing 88 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Reply in Support of Motion for Voluntary Dismissal and Supplemental Declaration under seal #87 filed by Plaintiff Hrayr Shahinian. (Attachments: #1 Unredacted Document - Reply in Support of Motion for Voluntary Dismissal, #2 Unredacted Document - Supplemental Declaration of Michael J. Avenatti)(Avenatti, Michael) |
| Filing 87 APPLICATION to file document Reply in Support of Motion for Voluntary Dismissal and Supplemental Declaration under seal filed by Plaintiff Hrayr Shahinian. (Attachments: #1 Redacted Document - Reply in Support of Motion for Voluntary Dismissal, #2 Redacted Document - Supplemental Declaration of Michael J. Avenatti, #3 Proposed Order)(Avenatti, Michael) |
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Filing 86
MINUTES OF IN CHAMBERS - ORDER by Judge Dolly M. Gee: The Court, having read and reviewed plaintiff's Notice of Withdrawal of Motion to Dismiss Party #81 , hereby vacates the Court Order dated 2/5/2015 #82 . Court Reporter: Not Reported. (gk)
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| Filing 85 OPPOSITION to Plaintiff Hrayr Shahinian's Motion for Voluntary Dismissal of His Individual Claims With Prejudice filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Calfo, Alexander) |
| Filing 84 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss #83 . The following error(s) was found: Plaintiff Hrayr Shahinian's claims dismissed on 2/5/2016, document number 82. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv) |
| Filing 83 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff Hrayr Shahinian filed by Plaintiff Hrayr Shahinian. Motion set for hearing on 3/11/2016 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Michael J. Avenatti, #3 Proposed Order) (Avenatti, Michael) |
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Filing 82
* VACATED * ORDER GRANTING PLAINTIFF HRAYR SHAHINIAN'S UNOPPOSED MOTION FOR VOLUNTARY DISMISSAL OF HIS INDIVIDUAL CLAIMS WITH PREJUDICE by Judge Dolly M. Gee: The Court hereby Orders that Plaintiff Hrayr Shahinian's Motion for Voluntary Dismissal of His Individual Claims with Prejudice #80 is GRANTED. Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, Mr. Shahinian's individual claims are hereby dismissed with prejudice. As the remaining Plaintiffs in this action do not seek dismissal of their claims, those claims will continue unaffected and this Order has no bearing on those claims. The 3/4/2016 hearing is VACATED. (gk) ** ORDER VACATED PURSUANT TO THE CIVIL MINUTES OF 2/9/2016 #86 ** Modified on 2/9/2016 (gk).
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| Filing 81 Notice of Withdrawal of Motion to Dismiss Party, #80 filed by Plaintiff Hrayr Shahinian. (Avenatti, Michael) |
| Filing 80 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff Hrayr Shahinian (Unopposed) filed by Plaintiff Hrayr Shahinian. Motion set for hearing on 3/4/2016 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum, #2 Proposed Order, #3 Proof of Service) (Avenatti, Michael) |
| Filing 79 ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFFS' SECOND AMENDED CLASS ACTION COMPLAINT filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation.(Calfo, Alexander) |
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Filing 78
ORDER RE DEFENDANTS' MOTION TO AMEND SCHEDULING ORDER by Judge Dolly M. Gee: The Court hereby Orders Defendants' Motion to Amend Scheduling Order #74 is GRANTED in part. The deadlines contained in the Scheduling and Case Management Order entered on 9/22/2015 #50 are modified as follows: Class Certification Motion 4/8/2016. Opposition to Class Certification 5/6/2016. Reply in Support of Class Certification Motion 5/20/2016. Hearing on Class Certification Motion 6/3/2016 at 10:00 AM. Non-Expert Discovery Cut-Off (includes hearing of discovery motions) 6/28/2016. Motion Cut-Off (filing deadline) 7/8/2016. Initial Expert Disclosure & Report Deadline 8/2/2016. Rebuttal Expert Disclosure & Report Deadline 8/30/2016. Expert Discovery Cut-Off (includes hearing of discovery motions) 9/13/2016. Motions in Limine Filing Deadline 9/13/2016. Opposition to Motion in Limine Filing Deadline 9/20/2016. Settlement Conference Completion Date 9/6/2016. Joint Status Report re Settlement 9/13/2016. Proposed Pretrial Conference Order 9/13/2016. Contentions of Fact/Law 9/13/2016. Pretrial Exhibit Stipulation 9/13/2016. Joint Exhibit List 9/13/2016. Witness Lists & Joint Trial Witness Time Estimate Form 9/13/2016. Agreed Statement of the Case 9/13/2016. Proposed Voir Dire Questions 9/13/2016. Joint Statement of Jury Instructions & Joint Statement of Disputed Instructions 9/13/2016. Verdict Forms 9/13/2016. Final Pretrial Conference set for 10/14/2016 at 3:00 PM. Jury Trial set for 11/1/2016 at 8:30 AM. The 1/15/2016 hearing on Defendants' Motion to Amend Scheduling Order is VACATED. (gk)
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| Filing 76 OPPOSITION re: NOTICE OF MOTION AND MOTION to AMEND Pretrial-Trial Scheduling Order - form only,,, #50 #74 filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC, Hrayr Shahinian. (Attachments: #1 Declaration of Michael J. Avenatti in Support of Plaintiffs' Opposition to Motion to Amend the Scheduling Order)(Avenatti, Michael) |
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Filing 77
ORDER RE JOINT STIPULATION TO AMEND SCHEDULING ORDER by Judge Dolly M. Gee: Upon Stipulation #75 , The Court's Scheduling Order is amended as follows: Plaintiffs' Class Certification Motion due 2/12/2016. Defendant Opposition to Class Certification due 3/14/2016. Reply in Support of Class Certification due 3/28/2016. Class Certification Hearing set for 4/15/2016 at 10:00 AM. (gk)
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| Filing 75 Joint STIPULATION to AMEND Pretrial-Trial Scheduling Order - form only,,, #50 filed by plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC, Hrayr Shahinian. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 74 NOTICE OF MOTION AND MOTION to AMEND Pretrial-Trial Scheduling Order - form only,,, #50 filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation. Motion set for hearing on 1/15/2016 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Stephen B. Devereaux in Support of Defendants' Motion to Amend Scheduling Order, #2 Proposed Order) (Calfo, Alexander) |
| Filing 73 NOTICE of Interested Parties filed by Defendants Halyard Health, Inc., Kimberly-Clark Corporation, (Attorney Alexander G Calfo added to party Halyard Health, Inc.(pty:dft))(Calfo, Alexander) |
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Filing 72
ORDER RE STIPULATION TO AMEND DEADLINE TO RESPOND TO SECOND AMENDED COMPLAINT by Judge Dolly M. Gee. Upon consideration of the JOINT STIPULATION REGARDING PLAINTIFF'S PROPOSED SECOND AMENDED COMPLAINT #71 , and for good cause shown, the Court hereby Orders as follows: The filing of the Second Amended Complaint is without prejudice to Defendants' right to seek amendment of the Scheduling & Case Management Order [Doc. 50, 50-1] and its right to challenge the pleading on all other available grounds, including, but not limited to, the defenses provided under Rule 12(b)(1)-(b)(7) and Rule 9(b) of the Federal Rules of Civil Procedure. Defendants shall have until January 15, 2016 to answer, plead, or otherwise respond to the Second Amended Complaint. IT IS SO ORDERED. (iv)
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| Filing 71 Joint STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition,,, #70 filed by Plaintiffs Bahamas Surgery Center, LLC, Knapp Medical Center, LLC, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Garden Grove, LLC, Prime Healthcare Services - Harlingen, LLC, Prime Healthcare Services - Landmark, LLC, Hrayr Shahinian. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 70 SECOND AMENDED COMPLAINT against Defendants Kimberly-Clark Corporation, Halyard Health, Inc. amending Amended Complaint/Petition #31 , filed by Plaintiffs Hrayr Shahinian, Prime Healthcare Centinela, LLC, Prime Healthcare Services - Harlingen, LLC, Knapp Medical Center, LLC, Prime Healthcare Services - Garden Grove, LLC, Bahamas Surgery Center, LLC, Prime Healthcare Services - Landmark, LLC (Attachments: #1 Exhibit A-F)(Attorney Michael J Avenatti added to party Prime Healthcare Centinela, LLC(pty:pla), Attorney Michael J Avenatti added to party Prime Healthcare Services - Garden Grove, LLC(pty:pla), Attorney Michael J Avenatti added to party Bahamas Surgery Center, LLC(pty:pla), Attorney Michael J Avenatti added to party Prime Healthcare Services - Harlingen, LLC(pty:pla), Attorney Michael J Avenatti added to party Knapp Medical Center, LLC(pty:pla), Attorney Michael J Avenatti added to party Prime Healthcare Services - Landmark, LLC(pty:pla))(Avenatti, Michael) |
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Filing 66
ORDER RE JOINT STIPULATION TO AMEND SCHEDULING ORDER by Judge Dolly M. Gee.: Upon Stipulation #64 , the Court hereby ORDERS that its Scheduling Order is amended as follows: The last day for either party to move for leave to amend and/or to add parties shall be 12/11/2015. Any hearing on an opposed motion for leave to amend and/or to add parties shall be noticed for 1/8/2016. (gk)
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| Filing 65 TRANSCRIPT ORDER as to plaintiff Hrayr Shahinian for Court Reporter. Court will contact Katherine Mosby at kmosby@eaganavenatti.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Avenatti, Michael) |
| Filing 64 Joint STIPULATION to Amend Pretrial-Trial Scheduling Order - form only,,, #50 filed by plaintiff Hrayr Shahinian. (Attachments: #1 Proposed Order)(Avenatti, Michael) |
| Filing 69 SEALED DOCUMENT JOINT STIPULATION REGARDING DEFENDANT KIMBERLY-CLARK'S MOTION FOR PROTECTIVE ORDER (Attachments: #1 Exhibit 8Part1, #2 Exhibit 8Part2, #3 Exhibit 8Part3, #4 Exhibit 8Part4, #5 Exhibit 9Part1, #6 Exhibit 9Part2, #7 Exhibit 9Part3, #8 Exhibit 9Part4, #9 Exhibit 9Part5, #10 Exhibit 9Part6, #11 Exhibit 9Part7, #12 Exhibit 10-13Part1, #13 Exhibit 10-13Part2, #14 Exhibit 14-17, #15 Exhibit Appendix)(es) |
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Filing 68
ORDER by Magistrate Judge Paul L. Abrams: GRANTING #67 Defendant Kimberly-Clark Corporation's Application to Seal Joint Stipulation Regarding Defendant Kimberly-Clark's Motion for Protective Order and Accompanying Exhibits (es)
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Filing 63
ORDER RE: DEFENDANT'S MOTION FOR PROTECTIVE ORDER by Magistrate Judge Paul L. Abrams, granting in part and denying in part #59 Motion for Protective Order. Having reviewed the documents filed in connection with the Motion, the Court has concluded that oral argument will not be of material assistance in determining defendant's Motion. Accordingly, the hearing scheduled for November 17, 2015, is ordered off calendar. No later than November 30, 2015, defendant shall remove the confidential and highly confidential designations from the subject testimony and documents, consistent with this Order. The Court anticipates that the parties, working together in good faith, and with the guidance offered herein, will be able to resolve any issues concerning the de-designation of materials without further Court intervention. See Order for details. (dml)
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| Filing 62 SUPPLEMENT to MOTION for Protective Order #59 Supplemental Memorandum of Law filed by Defendant Kimberly-Clark Corporation. (Calfo, Alexander) |
| Filing 61 TEXT ONLY ENTRY (In Chambers) by Magistrate Judge Paul L. Abrams. On October 20, 2015, defendant Kimberly-Clark Corporation filed a Motion for Protective Order #59 . The hearing was incorrectly set before the Honorable Dolly M. Gee. The Motion will be handled by United States Magistrate Judge Paul L. Abrams. The hearing date and time remain the same. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ch) TEXT ONLY ENTRY |
| Filing 67 APPLICATION to Seal Joint Stipulation Regarding Defendant Kimberly-Clark's Motion for Protective Order and Accompanying Exhibits filed by defendant Kimberly-Clark Corporation. (es) |
| Filing 60 NOTICE of Manual Filing filed by Defendant Kimberly-Clark Corporation of (1) Application to Seal Joint Stipulation Regarding Defendant Kimberly-Clark's Motion for a Protective Order and Accompanying Exhibits; (2) [Proposed] Order Granting Defendant Kimberly-Clark Corporation's Application to Seal Joint Stipulation Regarding Defendant Kimberly-Clark's Motion for a Protective Order and Accompanying Exhibits. (Calfo, Alexander) |
| Filing 59 NOTICE OF MOTION AND MOTION for Protective Order filed by Defendant Kimberly-Clark Corporation. Motion set for hearing on 11/17/2015 at 10:00 AM before Judge Dolly M. Gee. (Attachments: #1 Application to Seal Joint Stipulation Regarding Defendant Kimberly-Clark's Motion for a Protective Order and Accompanying Exhibits, #2 Proposed Order Granting Kimberly-Clark's Application to Seal Joint Stipulation, #3 Proposed Order Granting Kimberly-Clark's Motion for Protective Order)(Calfo, Alexander) |
| Filing 58 NOTICE of Manual Filing filed by Defendant Kimberly-Clark Corporation of Joint Stipulation Regarding Defendant Kimberly-Clark's Motion for Protective Order. (Calfo, Alexander) |
| Filing 57 NOTICE Notice of Filing Confidentiality Agreements filed by Non-Party Non-Party Cardinal Health 200 LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Chow, Teresa) |
| Filing 56 NOTICE of Interested Parties filed by Non-Party Non-Party Cardinal Health 200 LLC, identifying Cardinal Health 200 LLC. (Attorney Teresa C Chow added to party Non-Party Cardinal Health 200 LLC(pty:misc))(Chow, Teresa) |
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Filing 55
STIPULATED CONFIDENTIALITY ORDER by Magistrate Judge Paul L. Abrams. NOTE: CHANGES MADE BY THE COURT. *Refer to Order for details.* (es)
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| Filing 54 Notice of Withdrawal of Motion to Seal Document, #52 filed by Defendant Kimberly-Clark Corporation. (Calfo, Alexander) |
| Filing 53 NOTICE OF LODGING filed re APPLICATION to Seal #52 (Attachments: #1 Proposed Order Stipulated Confidentiality Order)(Calfo, Alexander) |
| Filing 52 DEFENDANT'S NOTICE OF APPLICATION AND APPLICATION TO PROVISIONALLY SEAL THE DEPOSITION TRANSCRIPTS AND EXHIBITS OF BERNARD G. VEZEAU AND KEITH J. EDGETT, OR IN THE ALTERNATIVE, MOTION FOR A PROTECTIVE ORDER filed by Defendant Kimberly-Clark Corporation. (es) |
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Filing 51
ORDER/REFERRAL to ADR Procedure No 3 by Judge Dolly M. Gee. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 6/14/16; The Court further sets a status conference for: Joint report re settlement by: 6/21/16; no appearance necessary. (lc)
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| Filing 50 SCHEDULE OF PRETRIAL AND TRIAL DATES (JURY TRIAL) by Judge Dolly M. Gee. Amended Pleadings due by 12/18/2015. Class Certification Motion: 1/15/2016; opposition to class certification: 2/12/2016; reply in support of class certification motion: 2/26/2016; Hearing on Class certification motion: 3/11/2016 10:00AM Discovery cut-off 4/8/2016. Exhibit List due by 6/21/2016. Motions in Limine to be filed by 6/21/2016. Motions due by 4/15/2016. Proposed Pretrial Order due by 6/21/2016. Last date to conduct settlement conference is 6/14/2016. Status Report due by 6/21/2016. Witness List due by 6/21/2016. Final Pretrial Conference set for 7/12/2016 03:00 PM before Judge Dolly M. Gee. Jury Trial set for 8/9/2016 08:30 AM before Judge Dolly M. Gee. (Attachments: #1 Schedule of Pretrial and Trial Dates) (lc) |
| Filing 48 NOTICE of Manual Filing filed by Defendant Kimberly-Clark Corporation of (1) Defendant's Notice of Application and Application to Provisionally Seal the Deposition Transcripts and Exhibits of Bernard G. Vezeau and Keith J. Edgett, or in the Alternative, Motion for Protective Order; (2) Memorandum in Support of Application; (3) [Proposed] Order Granting Application. (Calfo, Alexander) |
| Filing 49 MINUTES OF Scheduling Conference held before Judge Dolly M. Gee: Court and counsel confer. The Court extends the deposition count to 15 per side. Scheduling Conference held. Based upon the statements made today on the record, the Court hereby sets the Final Pretrial Conference for July 12, 2016 at 3:00 p.m. and the Jury Trial date is set for August 9, 2016 at 8:30 a.m. The Court issues the scheduling and case management order with further deadlines. Counsel are reminded of their obligations and requirements to timely and fully comply with all orders. Court Reporter: Anne Kielwasser. (lc) |
| Filing 47 Notice of Appearance or Withdrawal of Counsel: for attorney Alexander G Calfo counsel for Defendant Kimberly-Clark Corporation. Adding Alexander G. Calfo as counsel of record for Kimberly-Clark Corporation for the reason indicated in the G-123 Notice. Filed by Defendant Kimberly-Clark Corporation. (Attorney Alexander G Calfo added to party Kimberly-Clark Corporation(pty:dft))(Calfo, Alexander) |
| Filing 46 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Paul L. Abrams for any discovery and/or post-judgment matters that may be referred. Case number will now read as CV14-08390 DMG (PLAx). (mg) |
| Filing 45 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 15-20 court days, filed by Plaintiff Hrayr Shahinian.. (Avenatti, Michael) |
| Filing 44 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Scheduling Conference set for 9/18/2015 at 11:00 AM. (SEE DOCUMENT FOR FURTHER DETAILS) (vv) |
| Filing 43 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Deficiency in Electronically Filed Documents (G-112A), #42 . DEFICIENCY ISSUED IN ERROR. NOTICE OF INTERESTED PARTIES IS ON THE DOCKET AT #13 FOR DEFENDANT KIMBERLY-CLARK (shb) |
| Filing 42 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint #41 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb) |
| Filing 41 ANSWER to Amended Complaint/Petition #31 JURY DEMAND. filed by Defendant Kimberly-Clark Corporation.(Devereaux, Stephen) |
| Filing 40 MINUTES (IN CHAMBERS) by Judge Dolly M. Gee: ORDER RE DEFENDANTS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT #33 . Kimberly-Clarks Motion is GRANTED with prejudice as to Shahinians claim for negligent misrepresentation and is otherwise DENIED. Kimberly-Clark shall file its Answer within 21 days from the date of this Order. (lc) |
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Filing 39
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendant's Motion to Dismiss Plaintiff's First Amended Complaint #33 presently scheduled for hearing on March 27, 2015, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 38 SUPPLEMENT to MOTION to Dismiss Plaintiff's First Amended Complaint #33 Plaintiff's Notice of Supplemental Authority in Support of Opposition to Defendant's Motion to Dismiss Plaintiff's First Amended Complaint filed by Plaintiff Hrayr Shahinian. (Avenatti, Michael) |
| Filing 37 REPLY in support of MOTION to Dismiss Plaintiff's First Amended Complaint #33 filed by Defendant Kimberly-Clark Corporation. (Devereaux, Stephen) |
| Filing 36 OPPOSITION to MOTION to Dismiss Plaintiff's First Amended Complaint #33 filed by Plaintiff Hrayr Shahinian. (Attachments: #1 Declaration of Michael J. Avenatti)(Avenatti, Michael) |
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Filing 35
ORDER RE STIPULATION AND APPLICATION FOR AN ORDER CONTINUING HEARING ON DEFENDANTS MOTION TO DISMISS #34 by Judge Dolly M. Gee: The hearing on Kimberly-Clarks Motion to Dismiss is continued until March 27, 2015 at 9:30 a.m. Plaintiff shall file his opposition to Kimberly- Clarks Motion to Dismiss on or before February 27, 2015. Kimberly-Clark shall file its reply brief on or before March 13, 2015. (lc) Modified on 2/12/2015 (lc).
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| Filing 34 STIPULATION to Continue Hearing on Defendant Kimberly-Clark Corporation's Motion to Dismiss from March 6, 2015 to March 27, 2015 Re: MOTION to Dismiss Plaintiff's First Amended Complaint #33 filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Proposed Order)(Devereaux, Stephen) |
| Filing 33 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendant Kimberly-Clark Corporation. Motion set for hearing on 3/6/2015 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum In Support, #2 Proposed Order)(Devereaux, Stephen) |
| Filing 32 NOTICE of Change of address by Michael J Avenatti attorney for Plaintiff Hrayr Shahinian. Changing attorneys address to 520 Newport Center Drive, Suite 1400, Newport Beach, CA 92660. Filed by Plaintiff Hrayr Shahinian. (Avenatti, Michael) |
| Filing 31 FIRST AMENDED COMPLAINT against Defendant Kimberly-Clark Corporation amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Hrayr Shahinian (Attachments: #1 Exhibit A-F)(Avenatti, Michael) |
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Filing 30
MINUTES (IN CHAMBERS) ORDER by Judge Dolly M. Gee: denying without prejudice #11 Motion to Expedite Discovery. (See order for details). (shb)
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Filing 29
ORDER RE STIPULATION FOR EXTENSION OF TIME FOR PLAINTIFF TO FILE AMENDED COMPLAINT IN LIEU OF DEFENDANT FILING A MOTION TO DISMISS, AND FOR DEFENDANT TO FILE RESPONSIVE PLEADING TO PLAINTIFF'S AMENDED COMPLAINT by Judge Dolly M. Gee: Upon Stipulation #28 , IT IS HEREBY ORDERED that Plaintiff shall file an amended complaint on or before 1/7/2015. Defendant Kimberly-Clark Corporation shall have no obligation to answer or otherwise respond to the initial complaint. Defendant shall answer, plead, or otherwise respond to the amended complaint on or before 2/6/2015. (gk)
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| Filing 28 Joint STIPULATION for Extension of Time to Amend filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Proposed Order)(Devereaux, Stephen) |
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Filing 27
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Plaintiffs Motion for Expedited Discovery #11 presently scheduled for hearing on December 19, 2014, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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Filing 26
ORDER by Judge Dolly M. Gee: granting #16 #25 Application to Appear Pro Hac Vice by Attorney Bradley W. Pratt on behalf of Defendant, designating Steven D. Park as local counsel. (lt)
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| Filing 25 Amended APPLICATION for attorney Bradley W. Pratt to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Proposed Order)(Park, Steven) |
| Filing 24 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Application to Appear Pro Hac Vice filed 12/4/2014 #16 . Within 14 days of this order, counsel shall comply with the deficiencies set forth on docket #20 . Failure to comply will result in the denial of the application and refund of the fees paid. (gk) |
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Filing 23
ORDER by Judge Dolly M. Gee: granting #17 Application to Appear Pro Hac Vice by Attorney Chilton Davis Varner on behalf of Defendant, designating Steven D. Park as local counsel. (lt)
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Filing 22
ORDER by Judge Dolly M. Gee: granting #15 Application to Appear Pro Hac Vice by Attorney Madison H. Kitchens on behalf of Defendant, designating Steven D. Park as local counsel. (lt)
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Filing 21
ORDER by Judge Dolly M. Gee: granting #14 Application to Appear Pro Hac Vice by Attorney Stephen B. Devereaux on behalf of Defendant, designating Steven D. Park as local counsel. (lt)
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| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Bradley W. Pratt to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14875204 paid.) #16 . The following error(s) was found: Other error(s) with document(s) are specified below: Applicant failed to supply Good Standing Certificates for each of the state bar for each of the states that the attorney is admitted of that particular state, (MS) No signature on Application. Local counsel did not sign the application. See LR 11-1. See Instructions for Applicants (1) (G-64).. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) |
| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Chilton Davis Varner to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14875369 paid.) #17 , APPLICATION for attorney Stephen B. Devereaux to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14874806 paid.) #14 , APPLICATION for attorney Madison H. Kitchens to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14875016 paid.) #15 . The following error(s) was found: Other error(s) with document(s) are specified below: No signature on Application. Local counsel did not sign the application. See LR 11-1. See Instructions for Applicants (1) (G-64).. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) |
| Filing 18 REPLY MOTION to Expedite Discovery #11 filed by Plaintiff Hrayr Shahinian. (Avenatti, Michael) |
| Filing 17 APPLICATION for attorney Chilton Davis Varner to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14875369 paid.) filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Proposed Order)(Park, Steven) |
| Filing 16 APPLICATION for attorney Bradley W. Pratt to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14875204 paid.) filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Proposed Order)(Park, Steven) |
| Filing 15 APPLICATION for attorney Madison H. Kitchens to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14875016 paid.) filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Proposed Order)(Park, Steven) |
| Filing 14 APPLICATION for attorney Stephen B. Devereaux to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14874806 paid.) filed by Defendant Kimberly-Clark Corporation. (Attachments: #1 Proposed Order)(Attorney Steven D Park added to party Kimberly-Clark Corporation(pty:dft))(Park, Steven) |
| Filing 13 NOTICE of Interested Parties filed by Defendant Kimberly-Clark Corporation, identifying Kimberly-Clark Corporation. (Ezgar, Geoffrey) |
| Filing 12 MEMORANDUM in Opposition to MOTION to Expedite Discovery #11 filed by Defendant Kimberly-Clark Corporation. (Ezgar, Geoffrey) |
| Filing 11 NOTICE OF MOTION AND MOTION to Expedite Discovery filed by Plaintiff Hrayr Shahinian. Motion set for hearing on 12/19/2014 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Avenatti, Michael) |
| Filing 10 STIPULATION Extending Time to Answer the complaint as to Kimberly-Clark Corporation answer now due 12/19/2014, filed by Defendant Kimberly-Clark Corporation.(Attorney Geoffrey M Ezgar added to party Kimberly-Clark Corporation(pty:dft))(Ezgar, Geoffrey) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Hrayr Shahinian, upon Defendant Kimberly-Clark Corporation served on 11/3/2014, answer due 11/24/2014. Service of the Summons and Complaint were executed upon CT Corporation System, Registered Agents for Service - Marie Garcia, Process Specialist in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Avenatti, Michael) |
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Filing 8
MINUTE ORDER IN CHAMBERS: PILOT PROJECT RE SEALED DOCUMENTS by Judge Dolly M. Gee. (im)
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Filing 7
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (im)
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| Filing 6 21-Day Summons Issued re Complaint #1 as to Defendant Kimberly-Clark Corporation. (gk) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jp) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Stephen J. Hillman. (jp) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Hrayr Shahinian, (Avenatti, Michael) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Hrayr Shahinian. (Avenatti, Michael) |
| Filing 1 COMPLAINT Receipt No: 0973-14699859 - Fee: $400, filed by Plaintiff Hrayr Shahinian. (Attachments: #1 Exhibit A-F) (Attorney Michael J Avenatti added to party Hrayr Shahinian(pty:pla))(Avenatti, Michael) |
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