Anita Laux v. Mentor Worldwide LLC et al
| Anita Laux |
| Mentor Worldwide LLC, Mentor Corporation, Ethicon, Inc., Johnson and Johnson and John Doe Defendants |
| 2:2016cv01026 |
| February 12, 2016 |
| US District Court for the Central District of California |
| Alicia G Rosenberg |
| Otis D Wright |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 Notice of Removal - Product Liability |
| Both |
Docket Report
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This docket was last retrieved on February 27, 2020. A more recent docket listing may be available from PACER.
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Filing 117
MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #101 , CCA # 17-56832. The judgment of this Court, entered November 26, 2019, 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. [See USCA Memorandum #114 , AFFIRMED.](mat)
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Filing 116
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #101 filed by Anita Laux. CCA # 17-56832.Lauxs motion to stay the mandate pending filing of a petition for a writ ofcertiorari (Docket Entry No. 52) is denied. No further filings will be entertained in this closed case. (lc)
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Filing 115
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #101 filed by Anita Laux. CCA # 17-56832.Lauxs motion for an extension of time to file a petition for rehearing is granted. Any petition for rehearing is due on January 10, 2020. (lc)
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Filing 114
MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #101 filed by Anita Laux. CCA # 17-56832. District Court Decision is AFFIRMED. (lc)
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Filing 113
NOTICE OF FILING TRANSCRIPT filed for proceedings 3/1/17 re Transcript #112 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY
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Filing 112
TRANSCRIPT for proceedings held on 3/1/17. Court Reporter: NICHOLE FORREST, RDR, CRR, CRC, phone number (520) 724-3744. 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 10/22/2018. Redacted Transcript Deadline set for 11/1/2018. Release of Transcript Restriction set for 12/31/2018. (ha)
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Filing 111
TRANSCRIPT ORDER re: Court of Appeals case number 17-56832, as to Plaintiff Anita Laux for Court Reporter. Court will contact Anita Laux at anitalaux@gmail.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Attachments: #1 Envelope)(ls)
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Filing 110
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #101 filed by Anita Laux. CCA # 17-56832. On or before September 21, 2018, the appellant shall file a transcript designation form on the district court docket. Copies of this order and the appellant's notice will be provided to court reporters Nichole Forrest and Terri Hourigan, and to Court Reporter Supervisor Alberto V. Ortiz at the district court. [see document for complete details.](mat)
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Filing 109
NOTICE OF FILING TRANSCRIPT filed for proceedings 7/31/2017 1:30 p.m. re Transcript #108 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY
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Filing 108
TRANSCRIPT for proceedings held on 7/31/2017 1:30 p.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@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 9/18/2018. Redacted Transcript Deadline set for 9/28/2018. Release of Transcript Restriction set for 11/26/2018. (Hourigan, Terri)
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Filing 107
NOTICE OF FILING TRANSCRIPT filed for proceedings 6/12/2017 1:30 p.m. re Transcript #106 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY
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Filing 106
TRANSCRIPT for proceedings held on 6/12/2017 at 1:30 p.m.m. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@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 9/18/2018. Redacted Transcript Deadline set for 9/28/2018. Release of Transcript Restriction set for 11/26/2018. (Hourigan, Terri)
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Filing 105
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #101 filed by Anita Laux. CCA # 17-56832. Appellant's motion to proceed in forma pauperis is granted. Because appellant is not represented by counsel, appellant does not need to submit excerpts of record for this appeal supplemental excerpts of record should include only the district court docket report, the notice of appeal, the judgment or order appealed from, and any specific portions of the record cited in the answering brief. (mat)
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Filing 104
ORDER by Judge Otis D. Wright, II: denying #100 MOTION for Leave to Appeal In Forma Pauperis (mat)
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Filing 103
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-56832 assigned to Notice of Appeal to 9th Circuit Court of Appeals #101 as to plaintiff Anita Laux. (lc)
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Filing 102
PROOF OF SERVICE filed by plaintiff Anita Laux, re MOTION and Affidavit for Leave to Appeal In Forma Pauperis #100 , Notice of Appeal to 9th Circuit Court of Appeals #101 served on 12/1/17. (mat)
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Filing 101
NOTICE OF APPEAL to the 9th CCA filed by plaintiff Anita Laux. Appeal of Judgment #97 Filed On: 11/8/17; Entered On: 11/8/17; Motion for In Forma Pauperis is pending. (mat)
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Filing 100
MOTION and Affidavit for Leave to Appeal In Forma Pauperis filed by plaintiff Anita Laux. (mat)
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Filing 97
JUDGMENT by Judge Otis D. Wright, II: On December 29, 2015, Plaintiff filed this action in the Ventura County Superior Court. Defendant Mentor Worldwide, LLC subsequently removed the case to federal court, and moved for summary judgment on all of Plaintiffs claims. The Court granted Defendants Motion forSummary Judgment in full. Plaintiff Anita Laux shall recover nothing from Defendant Mentor Worldwide, LLC. Plaintiff Anita Lauxs Complaint is dismissed on the merits and with prejudice. Each party shall bear their own costs. (lc)
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Filing 96
ORDER GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT #59 by Judge Otis D. Wright, II: The Court GRANTS Defendants Motion for Summary Judgment. In light of this ruling, the Court DENIES AS MOOT the following Motions: Defendants Motion to Strike Undisclosed Witnesses and Experts #75 , Defendants Motion in Limine 1 #76 , and Defendants Motion in Limine 2. #77 . The Clerk of the Court shall close the case. MD JS-6. Case Terminated. (lc) .Modified on 11/8/2017. (lc).
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Filing 95
ORDER GRANTING DEFENDANT'S MOTIONS TO EXCLUDE THE OPINIONS OF DR. SUSAN KOLB, DR. PIERRE BLAIS, AND DR. ARTHUR BRAWER by Judge Otis D. Wright, II: The Court GRANTS Defendant's Motions to Exclude the Opinions of Dr. Susan Kolb, Dr. Pierre Blais, and Dr. Arthur Brawer. #60 #61 #62 (rfi)
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Filing 99
PROOF OF SERVICE OF REQUEST FOR EXPLANATION OF QUESTION ON TRANSCRIPT DATED SEPTEMBER 11, 2017 served on 10/27/17. #98 filed by plaintiff Anita Laux. (lc)
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Filing 98
REQUEST FOR EXPLANATION OF QUESTION ON TRANSCRIPT DATED SEPTEMBER 11, 2017 filed by plaintiff Anita Laux. (lc)
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Filing 94
NOTICE OF FILING TRANSCRIPT filed for proceedings 09/11/2017 10:00 a.m. re Transcript #93 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY
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Filing 93
TRANSCRIPT for proceedings held on 09/11/2017 10:00 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@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 10/25/2017. Redacted Transcript Deadline set for 11/6/2017. Release of Transcript Restriction set for 1/2/2018. (Hourigan, Terri)
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Filing 92
TRANSCRIPT ORDER as to defendant Mentor Worldwide LLC for Court Reporter. Court will contact Nancy Rawlings at nancy.rawlings@tuckerellis.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Hanna, Monee)
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Filing 90
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:Pending before the Court is Defendant Mentor Worldwide LLCs Motion for Summary Judgment as to Entire Complaint, (ECF No. 59.), and Defendants Motions to Exclude theOpinions of Plaintiffs expert witnesses. (ECF Nos. 60. 61, 62.) The Court heard argument on September 11, 2017, and took Defendants Motions under submission. Accordingly, the Court VACATES all other dates and deadlines in this action, pending the Courts issuance of the order. (lc)
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Filing 91
PROOF OF SERVICE ON 9/11/17 OF OPPOSITION TO DEFENDANTS OBJECTION DOCUMENT 87 #89 filed by Plaintiff Anita Laux (lc)
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Filing 89
OPPOSITION TO DEFENDANTS OBJECTION DOCUMENT #87 filed by Plaintiff Anita Laux. (lc)
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Filing 88
MINUTES OF Motion Hearing held before Judge Otis D. Wright, II: RE MOTION for Summary Judgment #59 ; MOTION to Exclude the Opinions #60 #61 #62 . The Court hears oral argument from the parties. For reasons stated on the record, the matters are submitted. An order will issue. Court Reporter: Terri Hourigan. (lc)
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Filing 87
OBJECTIONS to Declaration (Motion related) #80 OF ANITA LAUX AND EXHIBITS IN SUPPORT OF OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT filed by Defendant Mentor Worldwide LLC. (Hanna, Monee)
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Filing 86
REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to entire Complaint filed by Plaintiff Anita Laux #59 filed by Defendant Mentor Worldwide LLC. (Attachments: #1 Response to Plaintiff's Statement of Genuine Issues of Material Fact in Dispute)(Hanna, Monee)
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Filing 85
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude the Opinions of Pierre Blais PhD #62 filed by Defendant Mentor Worldwide LLC. (Hanna, Monee)
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Filing 84
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude the Opinions of Arthur E. Brawer, M.D., P.A. #60 filed by Defendant Mentor Worldwide LLC. (Hanna, Monee)
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Filing 83
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude the Opinions of Susan Kolb M.D. #61 filed by Defendant Mentor Worldwide LLC. (Hanna, Monee)
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Filing 82
MINUTE ORDER (IN CHAMBERS): by Judge Otis D. Wright, II: COUNSEL AND PARTY ARE NOTIFIED, the Motion for Summary Judgment #59 hearing set for 9/11/2017 at 2:30 PM will be heard at 10:00 AM. (jp)
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Filing 81
PROOF OF SERVICE filed by plaintiff Anita Laux, re MEMORANDUM in Opposition to Motion #78 , Statement (Motion related) #79 , Declaration (Motion related) #80 served on 9/5/2017. (smo)
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Filing 80
DECLARATION of Anita Laux in support of opposition to MOTION AND MOTION for Summary Judgment #59 filed by Plaintiff Anita Laux. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration)(smo)
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Filing 79
STATEMENT OF GENUINE ISSUES OF MATERIAL FACT IN DISPUTE IN SUPPORT OF OPPOSITION TO MOTION FOR SUMMARY JUDGMENT #59 filed by Plaintiff Anita Laux. (smo)
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Filing 78
OPPOSITION to MOTION for Summary Judgment #59 filed by Plaintiff Anita Laux. (smo)
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Filing 77
NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude Evidence or Argument Suggesting the Current Condition of Plaintiff's Saline Breast Implants Reflects Their Condition at the Time of Removal filed by defendant Mentor Worldwide LLC. Motion set for hearing on 9/18/2017 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Dustin B. Rawlin, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order, #7 Certificate of Service)(Hanna, Monee)
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Filing 76
NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Lay Testimony Regarding Causation of Medical Complications filed by defendant Mentor Worldwide LLC. Motion set for hearing on 9/18/2017 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Dustin B. Rawlin, #2 Proposed Order, #3 Certificate of Service)(Hanna, Monee)
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Filing 75
NOTICE OF MOTION AND MOTION to Strike Undisclosed Witnesses and Experts filed by Defendant Mentor Worldwide LLC. Motion set for hearing on 9/18/2017 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (Hanna, Monee)
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Filing 74
NOTICE OF ERRATA filed by Defendant Mentor Worldwide LLC. correcting Report #71 JOINT REPORT REGARDING SETTLEMENT (Hanna, Monee)
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Filing 73
JOINT REPORT REGARDING SETTLEMENT REPORT filed by Defendant Mentor Worldwide LLC. (Hanna, Monee)
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Filing 72
PRETRIAL DEPOSITION DESIGNATIONS filed by Defendant Mentor Worldwide LLC (Hanna, Monee)
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Filing 71
JOINT REPORT REGARDING SETTLEMENT REPORT filed by Defendant Mentor Worldwide LLC. (Hanna, Monee)
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Filing 70
Proposed Voir Dire Questions filed by plaintiff Anita Laux and defendant Mentor Worldwide LLC.. (Hanna, Monee)
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Filing 69
STATEMENT of the Case Jointly filed by Defendant Mentor Worldwide LLC and Plaintiff Anita Laux (Hanna, Monee)
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Filing 68
PROPOSED JURY INSTRUCTIONS filed by defendant Mentor Worldwide LLC.. (Hanna, Monee)
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Filing 67
PROPOSED JURY VERDICT filed by defendant Mentor Worldwide LLC. (Hanna, Monee)
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Filing 66
JOINT Exhibit List and Stipulation filed by defendant Mentor Worldwide LLC.. (Hanna, Monee)
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Filing 65
Witness List filed by defendant Mentor Worldwide LLC.. (Hanna, Monee)
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Filing 64
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Mentor Corporation. (Hanna, Monee)
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Filing 63
NOTICE OF LODGING Proposed Pretrial Conference Order Defendant Mentor Worldwide LLC. (Attachments: #1 Proposed Pretrial Conference Order)(Hanna, Monee)
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Filing 62
NOTICE OF MOTION AND MOTION to Exclude the Opinions of Pierre Blais PhD filed by defendant Mentor Worldwide LLC. Motion set for hearing on 9/11/2017 at 02:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Dustin B. Rawlin, #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, #27 Exhibit Z, #28 Exhibit A to the Declaration of Hostang Kotivand, #29 Exhibit B to the Declaration of Hostang Kotivand, #30 Exhibit AA, #31 Proposed Order, #32 Certificate of Service) (Hanna, Monee)
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Filing 61
NOTICE OF MOTION AND MOTION to Exclude the Opinions of Susan Kolb M.D. filed by defendant Mentor Worldwide LLC. Motion set for hearing on 9/11/2017 at 02:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Dustin B. Rawlin, #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 Proposed Order, #15 Certificate of Service) (Hanna, Monee)
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Filing 60
NOTICE OF MOTION AND MOTION to Exclude the Opinions of Arthur E. Brawer, M.D., P.A. filed by defendant Mentor Worldwide LLC. Motion set for hearing on 9/11/2017 at 02:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Dustin B. Rawlin, #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 Proposed Order, #16 Certificate of Service) (Hanna, Monee)
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Filing 59
NOTICE OF MOTION AND MOTION for Summary Judgment as to entire Complaint filed by Plaintiff Anita Laux filed by Defendant Mentor Worldwide LLC. Motion set for hearing on 9/11/2017 at 02:30 PM before Judge Otis D. Wright II. (Attachments: #1 Statement of Uncontroverted Facts in Support of Mentor Worldwide LLC's Motion for Summary Judgment, #2 Declaration of Dustin B. Rawlin in Support of Mentor Worldwide LLC's Motion for Summary Judgment, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D - Declaration of Hoshang Kotivand, #7 Exhibit A to the Declaration of Hoshang Kotivand, #8 Exhibit B to the Declaration of Hoshang Kotivand, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J - Declaration of Nicole Bwrede, #15 Exhibit A to the Declaration of Nicole Bwrede, #16 Exhibit K - Declaration of Alan C. Milstein, #17 Exhibit L, #18 Exhibit M, #19 Exhibit N, #20 Proposed Order, #21 Certificate of Service) (Hanna, Monee)
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Filing 57
MINUTES OF STATUS CONFERENCE held before Judge Otis D. Wright, II. The Court hears from Ms. Laux as stated on the record. Ms. Laux requested leave to amend her complaint. The Court DENIED the request. On June 12, 2017 #54 , the Court ordered Ms. Laux to retain counsel before this hearing and again she failed to have representation present. The Court sets the following dates and again orders Ms. Laux to have representation before the response is due and any appearances are necessary: Jury Trial: September 26, 2017 at 9:00am ; Pretrial/Motions in Limine: September 18, 2017 at 1:30 pm; Set Motion for Summary Judgment: September 11, 2017 at 2:30pm; Motion due: August 7, 2017; Opposition due: September 5, 2017. Court Reporter: Terri Hourigan. (lom)
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Filing 58
MEMORANDUM of Points and Authorities in Support of Motion for Leave to Amend Complaint filed by Plaintiff Anita Laux. (lom)
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Filing 56
STATUS CONFERENCE STATEMENT FOR JULY 31, 2017 filed by Plaintiff Anita Laux. (lom)
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Filing 55
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:On March 2, 2017, the Court granted plaintiffs Ex Parte to withdraw from the case #51 . TheCourt orders the clerks office to add Ms. Laux as pro se and mail all correspondence to her at: Anita Laux, Pro Se P.O Box 7212. Westlake Village, Ca. 91359,(805) 443-9909 (see document for further information). (lc)
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Filing 54
MINUTES OF Status Conference held before Judge Otis D. Wright, II: Case called, Party and counsel state their appearances. The Court hears from Ms.Laux as stated on the record. Ms. Laux was ordered to retain counsel before the next hearing date. If she fails to retain counsel, the Court ordered her to prepare to go to trial at the end of August. The Court continues the Status Conference to July 31, 2017 at 1:30pm. This will be the last continuance. Court Reporter: Terri Hourigan. (lc)
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Filing 53
STATUS CONFERENCE STATEMENT FOR 6/12/17 filed by Plaintiff Anita Laux. (lc)
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Filing 52
COUNSEL ARE NOTIFIED, the Status Conference is CONTINUED TO June 12, 2017 at 1:30PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 51
ORDER ON EX PARTE APPLICATION AND EMERGENCY MOTION FOR CONTINUANCE #44 , #46 by Judge Otis D. Wright, II: (1) The Court GRANTS the withdrawal of Robert Zeman and Alan Milstein as counsel of record for Plaintiff Anita Laux, but retains jurisdiction over counsel for the purposes of adjudicating Defendants Rule 11 Motion; (2) The Court continues the stay previously imposed in this matter for a further 90 days to allow Plaintiff to obtain substitute counsel;(3) The Court sets a status conference for June 5, 2017, at 1:30 p.m.;(4) The Court VACATES all other dates and deadlines previously set in this matter. The Court will reset the trial date and pretrial deadlines at the status conference. (lc) Modified on 6/12/2017 (lc).
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Filing 50
Motion Hearing held before Judge Otis D. Wright, II: RE EX PARTE APPLICATION #44 ; MOTION CONTINUE [docket no 46].Case called, appearances made. After a brief discussion with plaintiffs counsel, the Court excuses Mr. Zeman from the hearing and allows Mr. Milstein to argue. The Court and plaintiffs counsel retire to chambers off the record. Later: The Court grants the Ex parte Application and the Motion to Continue. The Court briefly hears from Ms. Laux. Ms. Laux agrees to relieve her counsel of record. The Court gives Ms. Laux 90 days to secure counsel. The Court will set new dates. Court Reporter: Nicole Forrest. (lc)
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Filing 49
REPLY in support of motion EX PARTE APPLICATION of Alan C. Milstein and Robert A. Zeman to Withdraw as Attorney #44 filed by Plaintiff Anita Laux. (Attachments: #1 Exhibit, #2 certificate of service)(Milstein, Alan)
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Filing 48
RESPONSE filed by Defendant Mentor Worldwide LLCto EX PARTE APPLICATION of Alan C. Milstein and Robert A. Zeman to Withdraw as Attorney #44 , Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Hearing,, #45 Brief in Response to Ex Parte Application (Attachments: #1 Declaration of Dustin Rawlin ISO Brief in Response to Ex Parte Application, #2 Exhibits A - L, #3 Certificate of Service)(Benedict, Mollie)
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Filing 47
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On February 22, 2017, Plaintiff Anita Laux filed emergency pro se motion seeking a continuance of the deposition of Dr. Brawer. Plaintiff also requests that the Court afford her 90days in which to obtain a new attorney. Plaintiff's Motion contains numerous references to privileged communications between herself and her attorneys, which may implicate her counsel's pending motion to withdraw. Due to the privileged nature of these communications, the Court directs that the Clerk filed Plaintiff's Motion UNDER SEAL. In addition, neither the Clerk nor any other person shall serve a copy of the Motion on Defendant's counsel until the Court adjudicates counsel's pending ex parte application to withdraw as counsel of record. Finally, the Court STAYS this action in its entirety (including any and all discovery between the parties) until the pending ex parte application to withdraw as counsel of record is heard and adjudicated. (lc)
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Filing 46
SEALED DOCUMENT-EMERGENCY MOTION FOR CONTINUANCE . (lc) Modified on 2/23/2017 (lc).
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Filing 45
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: re: EX PARTE APPLICATION of Alan C. Milstein and Robert A. Zeman to Withdraw as Attorney #44 . The Court sets this matter for hearing as follows: 3/1/2017 at 2:30 PM before Judge Otis D. Wright II. Plaintiff Anita Laux, Plaintiff's counsel, and Defendant's counsel are ORDERED to attend the hearing. Plaintiffs counsel shall serve a copy of this Order on Plaintiff Anita Laux by email and by overnight mail. See minute order for details. (jy)
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Filing 44
EX PARTE APPLICATION of Alan C. Milstein and Robert A. Zeman to Withdraw as Attorney filed by counsel for plaintiff Anita Laux. (Attachments: #1 Proposed Order, #2 Declaration, #3 Memorandum, #4 certificate of service) (Milstein, Alan)
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Filing 43
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court GRANTS the parties stipulation to continue the due date for Defendants expert reports to February 28, 2017 #42 . (lc)
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Filing 42
STIPULATION to AMEND filed by Plaintiff Anita Laux. (Attachments: #1 Declaration, #2 Proposed Order)(Milstein, Alan)
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Filing 41
ORDER ON JOINT STIPULATION TO AMEND SCHEDULING ORDER TO CONTINUE TRIAL DATE ANDRELATED DATES #40 by Judge Otis D. Wright, II. The Court GRANTS IN PART the parties' stipulation to continue the trial date and pretrial deadlines. The Court CONTINUES those deadlines as follows: Final Pretrial Conference set for 4/24/2017 at 1:30 PM and Jury Trial set for 5/16/2017 at 9:00 AM before Judge Otis D. Wright II. See order for further details. (jy)
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Filing 40
Joint STIPULATION to Continue Trial Date and Related Dates from April 17, 2017 to July 17, 2017 filed by Defendant Mentor Worldwide LLC. (Attachments: #1 Declaration, #2 Proposed Order)(Hanna, Monee)
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Filing 39
NOTICE TO PARTIES by District Judge Otis D. Wright. Effective November 7, 2016, Judge Wright will be located at the 1st Street Courthouse, COURTROOM 5D on the 5th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 5D 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 38
PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order #37 . ***** SEE ORDER FOR DETAILS. ***** NOTE CHANGES MADE BY THE COURT. ****** (mp)
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Filing 37
STIPULATION for Protective Order filed by Defendant Mentor Worldwide LLC.(Hanna, Monee)
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Filing 36
ORDER DISMISSING Ethicon, Inc. and Johnson and Johnson with prejudice #34 by Judge Otis D. Wright, II. (vv)
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Filing 35
ORDER/REFERRAL to ADR Procedure No 3 by Judge Otis D. Wright, II. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. (lc)
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Filing 34
STIPULATION to Dismiss defendants Ethicon, Inc., Johnson and Johnson filed by Defendants Ethicon, Inc., Mentor Worldwide LLC, Johnson and Johnson. (Attachments: #1 Proposed Order)(Hanna, Monee)
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Filing 33
SCHEDULING AND CASE MANAGEMENT ORDER by Judge Otis D Wright II: THE SCHEDULING CONFERENCE IS VACATED. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. Jury trial: 4/18/17 9:00 AM; File final trial exhibit stipulation: 4/13/17; hearing on motions in limine: 4/10/17 1:30 PM; Final Pretrial Conference: 3/27/17 1:30 PM; motions in limine, proposed voir dire questions and proposed voir dire questions and agreed to statement of case: 3/27/17; lodge Pretrial conference order and pretrial exhibit stipulation, file trial briefs, contentions of fact and law, exhibit and witness lists, status report regarding settlement, agreed upon set of instructions and verdict forms, joint statement regarding disputed instructions verdicts etc: 3/20/17; last day for hearing motions: 2/27/17; last date to conduct settlement conference: 2/21/17; discovery cutoff: 1/17/17; last date to amend pleadings or add parties: 7/26/16. (lc)
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Filing 32
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Defendants Ethicon, Inc., Johnson and Johnson, Mentor Worldwide LLC.. (Hanna, Monee)
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Filing 31
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Otis D. Wright, II: granting #28 APPLICATION to Appear Pro Hac Vice by Attorney Alan C. Milstein on behalf of Plaintiff, designating Robert A. Zeman as local counsel. (lt)
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Filing 30
Amendment to APPLICATION for attorney Alan C. Milstein to Appear Pro Hac Vice (PHV FEE NOT PAID.) #28 Certificates of Good Standing for NY and NJ filed by Plaintiff Anita Laux. (Zeman, Robert)
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Filing 29
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Alan C. Milstein to Appear Pro Hac Vice (PHV FEE NOT PAID.) #28 . The following error(s) was found: Other error(s) with document(s) are specified below: The applicant failed to provide certificates from the state bar for each of the States in which the applicant is a member of that particular bar. See LR 83-2.1.3.3 (NJ & NY); Fee not paid. See LR 83-2.1.3.3 (c). 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)
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Filing 28
APPLICATION for attorney Alan C. Milstein to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by plaintiff Anita Laux. (Attachments: #1 Proposed Order Proposed Order Granting Plt's Appl. Pro hac vice) (Zeman, Robert)
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Filing 27
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Otis D. Wright, II: granting #26 APPLICATION to Appear Pro Hac Vice by Attorney Dustin B. Rawlin on behalf of Defendants, designating Monee T. Hanna as local counsel. (lt)
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Filing 26
APPLICATION for attorney Dustin B. Rawlin to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17427576 paid.) filed by defendant Ethicon, Inc., Johnson and Johnson, Mentor Worldwide LLC. (Attachments: #1 Proposed Order) (Hanna, Monee)
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Filing 25
ORDER DISMISSING MENTOR CORPORATION AND DISCHARGING ORDER TO SHOW CAUSE #24 by Judge Otis D. Wright, II (lc)
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Filing 24
STIPULATION to Dismiss defendant Mentor Corporation filed by defendants Ethicon, Inc., Mentor Worldwide LLC, Johnson and Johnson. (Attachments: #1 Proposed Order)(Hanna, Monee)
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Filing 23
RESPONSE filed by Defendant Mentor Worldwide LLCto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #22 (Hanna, Monee)
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Filing 22
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On February 12, 2016, Defendant Mentor Wordwide LLC removed this case to this Court. (ECF No. 1.) Defendant invokes diversity as the basis for the Courts subject matterjurisdiction. (Not. of Removal 23.) Plaintiff Anita Laux is a citizen of California (Compl. 1), and Defendant Mentor Corporations principal place of business is also in California (id. 3). This destroys complete diversity. Therefore, on or before March 7, 2016, Defendant must show cause, in writing, as to why this action should not be remanded for lack of subject matter jurisdiction. No hearing will be held. (See order for further details). (shb)
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Filing 21
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] - SCHEDULING ORDER by Judge Otis D Wright II that the Scheduling Conference set for 5/2/2016 at 1:30 PM. Counsel shall meet at least twenty-one (21) days in advance of the Scheduling Conference to prepare a jointly signed report for the Court to be submitted no less than 7 days before the Scheduling Conference. The failure to submit a joint report in advance of the Scheduling Conference or the failure to attend the Scheduling Conference may result in the dismissal of the action, striking the answer and entering a default, and/or the imposition of sanctions. (jp)
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Filing 20
ANSWER to Complaint - (Discovery), Demand for Jury Trial filed by Defendant Johnson and Johnson.(Attorney Monee Takla Hanna added to party Johnson and Johnson(pty:dft))(Hanna, Monee)
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Filing 19
ANSWER to Complaint - (Discovery), Demand for Jury Trial filed by Defendant Ethicon, Inc..(Attorney Monee Takla Hanna added to party Ethicon, Inc.(pty:dft))(Hanna, Monee)
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Filing 18
ANSWER to Complaint - (Discovery), Demand for Jury Trial filed by Defendant Mentor Worldwide LLC.(Hanna, Monee)
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Filing 17
ALIAS SUMMONS issued as to Defendants Ethicon, Inc., John Doe Defendants, Johnson and Johnson, Mentor Corporation, Mentor Worldwide LLC (lc)
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Filing 16
Request for Clerk to Issue Summons on Notice of Removal (Attorney Civil Case Opening), #1 , Notice of Deficiency in Request to Issue Summons - optional html form,,, #15 , Complaint - (Discovery), filed by plaintiff Anita Laux. (Zeman, Robert)
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Filing 15
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #14 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. Upon review of the resubmitted request, it was found that the Caption in the summons was Missing the named "John Does 1-10 " ; nor was a notice of dismissal of these does filed in state court. Please resubmit the alias summons with a complete caption matching the complaint. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc)
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Filing 14
Request for Clerk to Issue Summons on Notice of Removal (Attorney Civil Case Opening), #1 , Notice of Deficiency in Request to Issue Summons - optional html form,, #12 , Complaint - (Discovery), filed by plaintiff Anita Laux. (Zeman, Robert)
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Filing 13
NOTICE OF ERRATA REGARDING NOTICE OF REMOVAL filed by Defendant Mentor Worldwide LLC. (Hanna, Monee)
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Filing 12
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #10 , Summons Request #11 . The following error(s) was found: The space below the caption entitled To:Defendant(s):must contain the names of all defendants or be left blank. The court does not issue single summonses to individual defendants. Please prepare ONLY ONE summons. Leave the "TO:" blank. Also this is your first summons in this court (but your second on the case). Please indicate on the form near the summons title, "ALIAS". The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc)
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Filing 11
Request for Clerk to Issue Summons on Notice of Removal (Attorney Civil Case Opening), #1 , Complaint - (Discovery), filed by plaintiff Anita Laux. (Zeman, Robert)
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Filing 10
Request for Clerk to Issue Summons on Notice of Removal (Attorney Civil Case Opening), #1 , Complaint - (Discovery), filed by plaintiff Anita Laux. (Zeman, Robert)
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Filing 9
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents (lc)
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Filing 8
NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Dustin B Rawlin for Defendant Mentor Worldwide LLC. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (car)
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Filing 7
NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Alan Carl Milstein for Plaintiff Anita Laux. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (car)
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Filing 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
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Filing 5
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alicia G. Rosenberg. (car)
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CONFORMED COPY OF COMPLAINT against Defendants Ethicon, Inc., John Doe Defendants 1-10, Johnson and Johnson, Mentor Corporation, Mentor Worldwide LLC. Jury Demanded, filed by Plaintiff Anita Laux. Filed in State Court on 12/29/2015 Submitted attached Exhibit A to Notice of Removal (car)
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Filing 4
CERTIFICATE OF SERVICE filed by Defendant Mentor Worldwide LLC, re Certificate/Notice of Interested Parties #3 , Notice of Removal (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 United States mail served on February 12, 2016. (Hanna, Monee)
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Filing 3
NOTICE of Interested Parties filed by Defendant Mentor Worldwide LLC, identifying Mentor Worldwide LLC, Ethicon, Inc., and Johnson & Johnson. (Attorney Monee Takla Hanna added to party Mentor Worldwide LLC(pty:dft))(Hanna, Monee)
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Filing 2
CIVIL COVER SHEET filed by Defendant Mentor Worldwide LLC. (Hanna, Monee)
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Filing 1
NOTICE OF REMOVAL from Ventura Superior, case number 56-2015-00476105-CU-PO-VTA Receipt No: 0973-17284622 - Fee: $400, filed by Defendant Mentor Worldwide LLC. (Attachments: #1 Exhibit B, #2 Plaintiff Complaint) (Attorney Monee Takla Hanna added to party Ethicon, Inc.(pty:dft))(Hanna, Monee) Modified on 2/18/2016 (lc).
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