Evolv Health et al v. Cosway USA, Inc. dba Ecosway USA, Inc. et al
| Evolv Health and Evolvhealth Mexico Servicios, S. de R.L. de C.V. |
| Cosway USA, Inc. dba Ecosway USA, Inc, Does 1-10, Cosway USA, Inc. doing business as Ecosway USA, Inc., Jeffrey N. Aldous, Glen Jensen and Vincent Tan |
| EpicEra Incorporated |
| 2:2016cv01602 |
| March 8, 2016 |
| U.S. District Court for the Central District of California |
| Alka Sagar |
| Otis D Wright |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 64
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On April 26, 2017, the Court granted the motions of Carter Scholer, PLLC and Lewis Brisbois Bisgaard & Smith LLP to withdraw as counsel of record for Plaintiffs in this action. (ECF No. 62.) The Court ordered Plaintiffs to obtain substitute counsel, and to either file a notice of association of counsel or show cause why the Court should not dismiss the action for failure to prosecute on or before May 29, 2017. The Court cautioned that failure to do so would result in the dismissal of the action. To date, Plaintiffs have filed neither. The Court thereforedismisses this action for failure to prosecute. The Clerk of the Court shall close the case. (Made JS-6. Case Terminated.) (lc)
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| Filing 63 CERTIFICATE OF SERVICE filed by Plaintiff Evolv Health, of Order Granting Motions to Withdraw as Counsel of Record served on April 26, 2017. (Holden, Craig) |
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Filing 62
ORDER GRANTING MOTIONS TO WITHDRAW AS COUNSEL OF RECORD #41 , #53 by Judge Otis D. Wright, II: The Court ORDERS Carter Scholer, PLLC and Lewis Brisbois Bisgaard & Smith LLP to serve a copy of this Order on Evolv Health. The Court VACATES all future dates and deadlines in this action and STAYS the action until May 31, 2017, during which time Evolv Health must seek substitute counsel to represent it in this action. See C.D. Cal. L.R. 83-2.2.2 (organizations may not represent themselves pro se). The Court further ORDERS Evolv Health to SHOW CAUSE, in writing only, no later than May 29, 2017, why the Court should not dismiss this action for failure to prosecute. No hearing will be held. This Order to Show Cause will automatically discharge, and the stay will automatically lift, upon the filing of a notice of association of counsel on behalf of Evolv Health. Failure either to respond to this Order or to file a notice of association of counsel will result in the Court dismissing this action with prejudice. (lc). Modified on 4/26/2017 .(lc).
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| Set deadlines( Show Cause Response due by 5/29/2017.)(lc) |
| Filing 61 ***CORRECTION TO TEXT ONLY ENTRY DOCKET NO. 59. MOTION TO WITHDRAW #53 is off calendar and under submission. Docket no. #40 is already ruled on.*** THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
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Filing 60
ORDER by Magistrate Judge Alka Sagar. The Stipulation #58 is APPROVED, and the parties shall follow the protocol agreed upon as set forth below: (See Order for complete details) (afe)
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| Filing 59 The hearing on the MOTION FOR EXTENSION OF TIME #40 and MOTION TO WITHDRAW #41 , scheduled for May 1, 2017 at 1:30 P.M., are hereby VACATED and taken off calendar. No appearances are necessary. The matters stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 58 Joint STIPULATION for Discovery as to Responses to requests for production filed by Defendant Cosway USA, Inc.. (Attachments: #1 Proposed Order)(Willes, Michael) |
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Filing 57
Order GRANTING-IN-PART Motion to Compel #46 held before Magistrate Judge Alka Sagar. See attached order for further details. Court Recorder: CS 4/20/17. (mz)
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| Filing 56 SCHEDULING NOTICE: RESCHEDULING HEARING TIME by Magistrate Judge Alka Sagar, re: MOTION to Compel production of documents #46 previously scheduled for 4/20/17 10:00 am has been rescheduled. Motion set for hearing on 4/20/2017 at 09:00 AM before Magistrate Judge Alka Sagar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mz) TEXT ONLY ENTRY |
| Filing 55 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum in Support of Motion #54 . The following error was found: Hearing information is missing, incorrect, or not timely. 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. (afe) |
| Filing 54 MEMORANDUM in Support of MOTION to Compel production of documents #46 filed by Defendant Cosway USA, Inc.. (Willes, Michael) |
| Filing 53 NOTICE OF MOTION AND MOTION of Craig Holden to Withdraw as Attorney filed by Plaintiff Evolv Health, Evolvhealth Mexico Servicios, S. de R.L. de C.V.. Motion set for hearing on 5/1/2017 at 08:30 AM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Craig Holden ISO, #2 Proposed Order Notice of Loding of Proposed Order, #3 Proposed Order) (Attorney Adrianna Christine Kourafas added to party Evolvhealth Mexico Servicios, S. de R.L. de C.V.(pty:pla)) (Kourafas, Adrianna) |
| Filing 52 REPLY in support of NOTICE OF MOTION AND MOTION of J. Robert Arnett II and Carter Scholer, PLLC to Withdraw as Attorney for Plaintiffs #41 filed by Plaintiffs Evolv Health, Evolvhealth Mexico Servicios, S. de R.L. de C.V.. (Attachments: #1 Declaration of J. Robert Arnett II, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Arnett, J) |
| Filing 51 OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION of J. Robert Arnett II and Carter Scholer, PLLC to Withdraw as Attorney for Plaintiffs #41 filed by Plaintiff Evolv Health. (Attachments: #1 Declaration of White ISO opposition, #2 Declaration of Gaubert ISO opposition, #3 Declaration of Holden ISO opposition)(Attorney Adrianna Christine Kourafas added to party Evolv Health(pty:pla))(Kourafas, Adrianna) |
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Filing 50
ORDER GRANTING JOINT STIPULATION FOR EXTENSION OF DEADLINES #49 by Judge Otis D. Wright, II. The Joint Stipulation for Extension of Deadlines is APPROVED, and the dates and deadlines identified therein are modified as set forth below: Deadline to designate affirmative experts and provide expert reports - April 18, 2017; Deadline to designate rebuttal experts and provide rebuttal expert reports - May 9, 2017; Discovery cut-off - June 13, 2017. Defendants' Motion for Extension of Time is DENIED AS MOOT #40 . (lom)
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| Filing 49 Joint STIPULATION to Extend Discovery Cut-Off Date to 6/13/2017 filed by Defendants Cosway USA, Inc., Glen Jensen, Jeffrey N. Aldous. (Attachments: #1 Proposed Order)(Willes, Michael) |
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Filing 48
PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Stipulation for Protective Order #47 . (See document for complete details) (afe)
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| Filing 47 STIPULATION for Protective Order filed by Defendants Cosway USA, Inc., Glen Jensen, Jeffrey N. Aldous.(Willes, Michael) |
| Filing 46 NOTICE OF MOTION AND MOTION to Compel production of documents filed by Defendants Cosway USA, Inc., Glen Jensen, Jeffrey N. Aldous. Motion set for hearing on 4/20/2017 at 10:00 AM before Magistrate Judge Alka Sagar. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Willes, Michael) |
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Filing 45
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II. The Court CONTINUES the hearing date on Plaintiffs' Motion to Withdraw and Defendants' Motion for Extension of Time to May 1, 2017, at 1:30 p.m #40 #41 . Oppositions and replies are due pursuant to the Local Rules. (lom)
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| Filing 44 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION of J. Robert Arnett II and Carter Scholer, PLLC to Withdraw as Attorney for Plaintiffs #41 (Attachments: #1 Proposed Order)(Arnett, J) |
| Filing 43 DECLARATION of J. Robert Arnett II in support of NOTICE OF MOTION AND MOTION of J. Robert Arnett II and Carter Scholer, PLLC to Withdraw as Attorney for Plaintiffs #41 filed by Plaintiffs Evolv Health, Evolvhealth Mexico Servicios, S. de R.L. de C.V.. (Attachments: #1 Exhibit)(Arnett, J) |
| Filing 42 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION of J. Robert Arnett II and Carter Scholer, PLLC to Withdraw as Attorney for Plaintiffs #41 filed by Plaintiffs Evolv Health, Evolvhealth Mexico Servicios, S. de R.L. de C.V.. (Arnett, J) |
| Filing 41 NOTICE OF MOTION AND MOTION of J. Robert Arnett II and Carter Scholer, PLLC to Withdraw as Attorney for Plaintiffs filed by Plaintiffs Evolv Health, Evolvhealth Mexico Servicios, S. de R.L. de C.V.. Motion set for hearing on 4/17/2017 at 01:30 PM before Judge Otis D. Wright II. (Arnett, J) |
| Filing 40 NOTICE OF MOTION AND MOTION for Extension of Time to File Expert Rebuttal Report filed by Defendants Cosway USA, Inc., Glen Jensen, Jeffrey N. Aldous. Motion set for hearing on 4/17/2017 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration Michael Willes, #2 Proposed Order) (Willes, Michael) |
| 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 |
| Filing 38 Notice of Withdrawal of Motion for Joinder, #19 filed by Defendants Cosway USA, Inc., EpicEra Incorporated, Glen Jensen, Jeffrey N. Aldous. (Weiss, Frank) |
| Filing 37 ANSWER to Amended Complaint/Petition #31 JURY DEMAND. filed by Defendants Cosway USA, Inc., Glen Jensen, Jeffrey N. Aldous.(Willes, Michael) |
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Filing 36
SCHEDULING ORDER by Judge Otis D. Wright, II: SCHEDULING AND CASE MANAGEMENT ORDER by Judge Otis D. Wright, II: This Order is to advise the parties and counsel of the schedule that will govern this case. THE SCHEDULING CONFERENCE IS VACATED. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. Jury Trial (Est 7 days): 8/29/2017 at 9:00 AM. Final Pretrial Conference: 8/7/2017 at 1:30 PM. Hearing on Motions in Limine: 8/21/2017 at 1:30 PM. (SEE DOCUMENT FOR FURTHER DETAILS) (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. (jy)
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| Filing 34 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2 weeks, filed by Plaintiffs Evolv Health, Evolvhealth Mexico Servicios, S. de R.L. de C.V... (Arnett, J) |
| Filing 33 The hearing on the MOTION FOR JOINDER #19 , scheduled for July 25, 2016 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 32 REPLY NOTICE OF MOTION AND MOTION for Joinder in Complaint (Attorney Civil Case Opening), #2 #19 filed by Defendants Cosway USA, Inc., Glen Jensen, Jeffrey N. Aldous, Movant EpicEra Incorporated. (Weiss, Frank) |
| Filing 31 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening), #2 , filed by Plaintiffs Evolvhealth Mexico Servicios, S. de R.L. de C.V., Evolv Health(Holden, Craig) |
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Filing 30
ORDER RE STIPULATION GRANTING PLAINTIFFS LIVE TO FILE A FIRST AMENDED COMPLAINT #25 by Judge Otis D. Wright, II (lc)
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Filing 29
ORDER GRANTING STIPULATION FOR EXTENSION OF TIME FOR PLAINTIFFS TO FILE OPPOSITION TO MOTION FOR JOINDER OR, IN THE ALTERNATIVE, FOR LEAVE TO INTERVENE TO JULY 6, 2016 #19 by Judge Otis D. Wright, II (lc)
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| Filing 28 DECLARATION of J. Robert Arnett II in opposition to NOTICE OF MOTION AND MOTION for Joinder in Complaint (Attorney Civil Case Opening), #2 #19 filed by Plaintiffs Evolv Health, Evolvhealth Mexico Servicios, S. de R.L. de C.V.. (Attachments: #1 Exhibit 1 Temporary Restraining Order, #2 Exhibit 2 Temporary Injunction, #3 Exhibit 3 Deposition Excerpts, #4 Exhibit 4 Deposition Excerpts, #5 Exhibit 5 Deposition Excerpts, #6 Exhibit 6 Supplemental Response, #7 Exhibit 7 Order, #8 Exhibit 8 Email)(Arnett, J) |
| Filing 27 OPPOSITION to NOTICE OF MOTION AND MOTION for Joinder in Complaint (Attorney Civil Case Opening), #2 #19 filed by Plaintiffs Evolv Health, Evolvhealth Mexico Servicios, S. de R.L. de C.V.. (Arnett, J) |
| Filing 26 STIPULATION for Extension of Time to File Response as to NOTICE OF MOTION AND MOTION for Joinder in Complaint (Attorney Civil Case Opening), #2 #19 filed by Plaintiffs Evolv Health, Evolvhealth Mexico Servicios, S. de R.L. de C.V.. (Attachments: #1 Proposed Order)(Arnett, J) |
| Filing 25 STIPULATION to Amend Complaint (Attorney Civil Case Opening), #2 filed by Plaintiffs Evolv Health, Evolvhealth Mexico Servicios, S. de R.L. de C.V.. (Attachments: #1 Exhibit First Amended Complaint, #2 Proposed Order)(Arnett, J) |
| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Joinder in Complaint (Attorney Civil Case Opening), #2 #19 . The following error(s) was found: Other error(s) with document(s) are specified below: filers included a a non party, filing motion to join or intervene: Clerk has added this non party as a movant because non party and filing defendants have the same attorneys. 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. (lc) |
| Filing 23 NOTICE OF LODGING filed re Proposed Order Granting Defendants' Motion for Joinder re NOTICE OF MOTION AND MOTION for Joinder in Complaint (Attorney Civil Case Opening), #2 #19 (Attachments: #1 Proposed Order Granting Defendants' Motion for Joinder)(Wilker, Steven) |
| Filing 22 NOTICE of Interested Parties filed by defendants Cosway USA, Inc., Glen Jensen, Jeffrey N. Aldous, identifying EpicEra Incorporated and Glen Jensen. (Wilker, Steven) |
| Filing 21 DECLARATION of Matthew Grimmer in Support of Motion for Joinder or, in the Alternative, for Leave to Intervene NOTICE OF MOTION AND MOTION for Joinder in Complaint (Attorney Civil Case Opening), #2 #19 filed by Defendants Cosway USA, Inc., Glen Jensen, Jeffrey N. Aldous. (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K)(Wilker, Steven) |
| Filing 20 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Joinder in Complaint (Attorney Civil Case Opening), #2 #19 filed by Defendants Cosway USA, Inc., Glen Jensen, Jeffrey N. Aldous. (Wilker, Steven) |
| Filing 19 NOTICE OF MOTION AND MOTION for Joinder in Complaint (Attorney Civil Case Opening), #2 filed by defendants Cosway USA, Inc., Glen Jensen, Jeffrey N. Aldous. Motion set for hearing on 7/25/2016 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Exhibit 1) (Wilker, Steven) |
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Filing 18
ORDER that the Scheduling Conference is set for 7/25/16 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II. (lc)
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| Filing 17 CERTIFICATE of Interested Parties filed by defendant Cosway USA, Inc., Glen Jensen, Jeffrey N. Aldous, (Wilker, Steven) |
| Filing 16 ANSWER filed by defendant Cosway USA, Inc., Glen Jensen, Jeffrey N. Aldous.(Attorney Steven M Wilker added to party Cosway USA, Inc.(pty:dft), Attorney Steven M Wilker added to party Glen Jensen(pty:dft), Attorney Steven M Wilker added to party Jeffrey N. Aldous(pty:dft))(Wilker, Steven) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Evolv Health, Evolvhealth Mexico Servicios, S. de R.L. de C.V., upon Defendant Jeffrey N. Aldous served on 4/4/2016, answer due 4/25/2016. Service of the Summons and Complaint were executed upon Jeffrey N. Aldous in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Holden, Craig) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Evolv Health, Evolvhealth Mexico Servicios, S. de R.L. de C.V., upon Defendant Cosway USA, Inc. served on 4/4/2016, answer due 4/25/2016. Service of the Summons and Complaint were executed upon Maria Giangregorio, Incorp Services, Inc., Registered Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Holden, Craig) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Evolv Health, Evolvhealth Mexico Servicios, S. de R.L. de C.V., upon Defendant Glen Jensen served on 4/4/2016, answer due 4/25/2016. Service of the Summons and Complaint were executed upon Francis Fowler, mother-in-law, co-occupant in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Holden, Craig) |
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Filing 12
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Otis D. Wright, II: granting #11 APPLICATION to Appear Pro Hac Vice by Attorney James R. Arnett, II on behalf of Plaintiffs, designating Craig Holden as local counsel. (lt)
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| Filing 11 APPLICATION for attorney James R. Arnett II to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17572410 paid.) filed by plaintiff Evolv Health, Evolvhealth Mexico Servicios, S. de R.L. de C.V.. (Attachments: #1 Supplement Certificates of Good Standing, #2 Proposed Order Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Holden, Craig) |
| Filing 10 Certification and NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, (Holden, Craig) |
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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 District's website for additional information. (See attached document for details.) (lom)
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| Filing 8 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #2 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (et) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #2 as to Defendants Cosway USA, Inc., Glen Jensen, Jeffrey N. Aldous, Vincent Tan. (et) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alka Sagar. (et) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #2 , Civil Cover Sheet (CV-71) #3 filed by Plaintiffs Evolvhealth Mexico Servicios, S. de R.L. de C.V.. (Holden, Craig) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiffs Evolv Health, Evolvhealth Mexico Servicios, S. de R.L. de C.V.. (Holden, Craig) |
| Filing 2 COMPLAINT Receipt No: 0973-17442597 - Fee: $400, filed by Defendant Evolv Health, Evolvhealth Mexico Servicios, S. de R.L. de C.V., Vincent Tan. (Attorney Craig E Holden added to party Evolv Health(pty:pla), Attorney Craig E Holden added to party Evolvhealth Mexico Servicios, S. de R.L. de C.V.(pty:pla))(Holden, Craig) |
| Filing 1 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: You have attempted to open this case electronically but have failed to upload successfully the required PDF version of any initiating document, such as a complaint or notice of removal. You must file an initiating document within two business days of this notice or the docket for this case number will be closed. A case-initiating document was submitted without payment of the full filing fee. Within two business days of this notice, counsel must pay the filing fee or file a request to proceed in forma pauperis;otherwise, the docket for this case number will be closed and no further filings will be permitted under this case number. The filing fee may be paid online by docketing the event Pay Filing Fee. (ghap) |
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