Anton Toutov v. Curative Labs Inc. et al
| Anton Toutov |
| Curative Labs Inc., Paul Scott, Korva Holdings LLC, Jonathan Martin, Curative Inc. and Korva Scientific, Inc. |
| 2:2020cv11284 |
| December 14, 2020 |
| US District Court for the Central District of California |
| Maria A Audero |
| Alka Sagar |
| Otis D Wright |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
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Filing 147
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER CONTINUING TRIAL AND RELATED DATES. In light of the prior suspensions of jury trials during the global pandemic, evolving situation regarding COVID-19 and the press and priority of certain criminal jury trials pursuant to the Speedy Trial Act, 18 USC 1361, the Court hereby ORDERS that the following dates and deadlines shall supersede those previously set in this matter: Final Pretrial Conference set for 3/27/2023 01:30 PM; Jury Trial set for 4/25/2023 09:00 AM; Motions in Limine set for hearing on 4/19/2023 at 01:30 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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Filing 146
STATEMENT OF THE CASE filed by Plaintiff Anton Toutov (Buckles, Margaret)
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Filing 145
Joint List of Stipulated Facts filed by Plaintiff Anton Toutov (Buckles, Margaret)
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Filing 144
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Curative Inc., Curative Labs Inc., Jonathan Martin, Paul Scott. (Peterson, David)
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Filing 143
NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Anton Toutov. (Attachments: #1 Proposed Order Final Pretrial Conference)(Buckles, Margaret)
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Filing 142
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Anton Toutov. (Buckles, Margaret)
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Filing 141
STATUS REPORT ON SETTLEMENT filed by Plaintiff Anton Toutov. (Buckles, Margaret)
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Filing 140
Proposed Voir Dire Questions filed by Defendants Curative Inc., Curative Labs Inc., Jonathan Martin, Paul Scott.. (Peterson, David)
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Filing 139
PROPOSED SPECIAL JURY VERDICT filed by Defendants Curative Inc., Curative Labs Inc., Jonathan Martin, Paul Scott. (Peterson, David)
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Filing 138
PROPOSED JURY INSTRUCTIONS (Annotated Clean set) filed by Defendants Curative Inc., Curative Labs Inc., Jonathan Martin, Paul Scott.. (Peterson, David)
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Filing 137
Proposed Voir Dire Questions filed by Plaintiff Anton Toutov.. (Buckles, Margaret)
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Filing 136
PROPOSED SPECIAL JURY VERDICT filed by Plaintiff Anton Toutov. (Buckles, Margaret)
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Filing 135
PROPOSED JURY INSTRUCTIONS (Plaintiff's Disputed Clean set) filed by Plaintiff Anton Toutov.. (Buckles, Margaret)
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Filing 134
PROPOSED JURY INSTRUCTIONS (Joint Clean set) filed by Plaintiff Anton Toutov.. (Buckles, Margaret)
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Filing 133
Witness List filed by Plaintiff Anton Toutov.. (Buckles, Margaret)
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Filing 132
JOINT Exhibit List filed by Plaintiff Anton Toutov.. (Buckles, Margaret)
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Filing 131
Notice of Appearance or Withdrawal of Counsel: for attorney Emily Kathleen Cronin counsel for Defendants Curative Inc., Curative Labs Inc.. Adding Emily K. Cronin as counsel of record for Defendants Curative Labs Inc. and Curative Inc. for the reason indicated in the G-123 Notice. Filed by Defendants Curative Labs Inc. and Curative Inc.. (Attorney Emily Kathleen Cronin added to party Curative Inc.(pty:dft), Attorney Emily Kathleen Cronin added to party Curative Labs Inc.(pty:dft))(Cronin, Emily)
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Filing 130
ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT #90 by Judge Otis D. Wright, II. (lc)
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Filing 129
FOR COURT USE ONLY: STATISTICAL CORRECTION granting #111 APPLICATION re minutes in chambers #126 . (lom)
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Filing 128
REDACTED VERSIONS OF DOCUMENTS RESUBMITTED PURSUANT TO COURT ORDER DATED NOVEMBER 18, 2022 - DKT NO. #126 re: DKT NO. #113 filed by Plaintiff Anton Toutov re: Objection/Opposition (Motion related),,,, #113 (Attachments: #1 Redacted Statement of Genuine Issues of Material Fact, #2 Redacted Exhibit 29, #3 Redacted Exhibit 36, #4 Redacted Exhibit 37, #5 Redacted Exhibit 38, #6 Redacted Exhibit 39)(Buckles, Margaret)
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Filing 127
SEALED DOCUMENT UNREDACTED VERSIONS OF DOCUMENTS RESUBMITTED PURUSANT TO COURT ORDER DATED NOVEMBER 18, 2022 - DKT NO. #126 re: DKT NO. #113 re Objection/Opposition (Motion related),,,, #113 , Order on Motion for Leave to File Document Under Seal,,,,,,, #126 filed by Plaintiff Anton Toutov. (Attachments: #1 Unredacted Statement of Genuine Issues of Material Fact, #2 Unredacted Exhibit 29, #3 Unredacted Exhibit 36, #4 Unredacted Exhibit 37, #5 Unredacted Exhibit 38, #6 Unredacted Exhibit 39)(Buckles, Margaret)
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Filing 125
The hearing on the MOTION for Summary Judgment #110 , scheduled for November 28, 2022 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
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Filing 126
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Plaintiff Anton Toutov seeks leave to file various materials under seal, offered in support of his opposition to Defendants Curative Labs Inc. and Curative Inc.'s ("Curative Defendants") motion for summary judgment. (Toutov Appls. Seal, ECF Nos. 111, 117.) After consideration of Toutov's Applications, the Curative Defendants' Statement in support of sealing, and the Curative Defendants Application, the Court GRANTS the Applications to Seal AS FOLLOWS. The Court advises the parties that the following approved redactions differ slightly from the parties' requests. Granting #117 APPLICATION to Seal Document. Granting #121 APPLICATION to Seal Document. [See document for further details.] (es)
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Filing 124
PROOF OF SERVICE filed by Defendants Curative Inc., Curative Labs Inc., re Sealed Declaration in SupportDeclaration, #122 served on 11/14/2022. (Peterson, David)
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Filing 123
REPLY In Support Of NOTICE OF MOTION AND MOTION for Summary Judgment as to the Complaint, Or In The Alternative, Partial Summary Judgment #110 filed by Defendants Curative Inc., Curative Labs Inc.. (Attachments: #1 Curative Response to Plaintiff Separate Statement of Additional Material Facts [Redacted], #2 Supplemental Declaration of David M. Peterson In Support of Curative Defendants Motion For Summary Judgment, Or In The Alternative, Partial Summary Judgment, #3 Exhibit 25, #4 Exhibit 26, #5 Curative Defendants Objections To Evidence Submitted In Support of Plaintiffs Statement of Genuine Issues of Material Fact And Additional Material Facts, #6 Curative Defendants Response To Plaintiffs Objections To Evidence Submitted In Support of Curative Defendants Motion For Summary Judgment, Or In The Alternative, Partial Summary Judgment)(Peterson, David)
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Filing 122
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Curative Response to Plaintiff Separate Statement of Additional Material Facts under seal #121 filed by Defendants Curative Inc., Curative Labs Inc.. (Attachments: #1 Unredacted Document Curative Response to Plaintiff Separate Statement of Additional Material Facts)(Peterson, David)
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Filing 121
APPLICATION to file document Curative Response to Plaintiff Separate Statement of Additional Material Facts under seal filed by Defendants Curative Inc., Curative Labs Inc.. (Attachments: #1 Proposed Order Re Curative Defendants Application For Leave To File Under Seal Defendants Response To Plaintiffs Statement Of Additional Material Facts, #2 Curative Response to Plaintiff Separate Statement of Additional Material Facts [Redacted])(Peterson, David)
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Filing 120
PROOF OF SERVICE filed by Plaintiff Anton Toutov, re Sealed Declaration in SupportDeclaration #118 , APPLICATION to file document Exhibit 29 to the Declaration of Margaret Buckles under seal #117 served on 11/10/2022. (Buckles, Margaret)
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Filing 119
STATEMENT Re Plaintiffs Local Rule 79-5.2.2(B) Applications For Leave To File Under Seal filed by Defendants Curative Inc., Curative Labs Inc. re: APPLICATION to file document Submitted In Support of Opposition to Curative Defendants' Motion for Summary Judgment under seal #111 , APPLICATION to file document Exhibit 29 to the Declaration of Margaret Buckles under seal #117 . (Attachments: #1 Declaration of David M. Peterson In Support of Curative Defendants Statement Re Plaintiffs Local Rule 79-5.2.2(B) Applications For Leave To File Under Seal)(Peterson, David)
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Filing 118
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit 29 to the Declaration of Margaret Buckles under seal #117 filed by Plaintiff Anton Toutov. (Attachments: #1 Unredacted Document Exhibit 29)(Buckles, Margaret)
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Filing 117
APPLICATION to file document Exhibit 29 to the Declaration of Margaret Buckles under seal filed by Plaintiff Anton Toutov. (Attachments: #1 Redacted Document Exhibit 29, #2 Proposed Order)(Buckles, Margaret)
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Filing 116
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: At the request of plaintiffs' counsel office, the Court orders the clerk's office to immediately seal docket 111- (No. 3 Unredacted Document Exhibit 29) and docket 113- (No. 31 Exhibit 29) attachments due to sensitive information. (bm)
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Filing 115
PROOF OF SERVICE filed by Plaintiff Anton Toutov, re Sealed Declaration in SupportDeclaration,, #112 served on 11/07/2022. (Buckles, Margaret)
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Filing 114
NOTICE OF ERRATA filed by Plaintiff Anton Toutov. correcting Objection/Opposition (Motion related),,,, #113 (Buckles, Margaret)
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Filing 113
OPPOSITION re: NOTICE OF MOTION AND MOTION for Summary Judgment as to the Complaint, Or In The Alternative, Partial Summary Judgment #110 filed by Plaintiff Anton Toutov. (Attachments: #1 Statement of Genuine Issues of Material Fact, #2 Declaration of Anton Toutov, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Declaration of Margaret N. Buckles, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Exhibit 42, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46, #49 Exhibit 47)(Buckles, Margaret)
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Filing 112
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Submitted In Support of Opposition to Curative Defendants' Motion for Summary Judgment under seal #111 filed by Plaintiff Anton Toutov. (Attachments: #1 Unredacted Document Opposition to Curative Labs, Inc. and Curative, Inc.'s Motion for Summary Judgment, or In The Alternative, Partial Summary Judgment, #2 Unredacted Document Statement of Genuine Issues of Material Fact, #3 Unredacted Document Exhibit 29, #4 Unredacted Document Exhibit 36, #5 Unredacted Document Exhibit 37, #6 Unredacted Document Exhibit 38, #7 Unredacted Document Exhibit 39)(Buckles, Margaret)
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Filing 111
APPLICATION to file document Submitted In Support of Opposition to Curative Defendants' Motion for Summary Judgment under seal filed by Plaintiff Anton Toutov. (Attachments: #1 Redacted Document Opposition to Curative Labs, Inc. and Curative, Inc.'s Motion for Summary Judgment, or In The Alternative, Partial Summary Judgment, #2 Redacted Document Statement of Genuine Issues of Material Fact, #3 Redacted Document Exhibit 29, #4 Redacted Document Exhibit 36, #5 Redacted Document Exhibit 37, #6 Redacted Document Exhibit 38, #7 Redacted Document Exhibit 39, #8 Proposed Order)(Buckles, Margaret)
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Filing 110
NOTICE OF MOTION AND MOTION for Summary Judgment as to the Complaint, Or In The Alternative, Partial Summary Judgment filed by Defendants Curative Inc., Curative Labs Inc.. Motion set for hearing on 11/28/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Curative Defendants Separate Statement of Uncontroverted Facts In Support of Curative Defendants Motion For Summary Judgment, Or In The Alternative, Partial Summary Judgment, #2 Declaration of David M. Peterson In Support of Curative Defendants Motion For Summary Judgment, Or In The Alternative, Partial Summary Judgment, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Proposed Order, #28 [Proposed] Judgment) (Peterson, David)
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Filing 109
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Exhibit (non-trial), #108 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. 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. (lc)
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Filing 108
EXHIBIT Filed filed by Plaintiff Anton Toutov. Exhibits 72-75 to Chennakesavan Declaration in Support of Opposition to Mot. for Summary Judgment as to Objection/Opposition (Motion related),,,,,,,, #100 , Order on Motion for Leave to File Document Under Seal,,,, #104 . (Attachments: #1 Exhibit 73, #2 Exhibit 74, #3 Exhibit 75)(Chennakesavan, Prashanth)
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Filing 107
The hearing on the MOTION for Summary Judgment #87 ; MOTION for Leave to file First Amended Complaint #90 , scheduled for October 17, 2022 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
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Filing 106
REPLY DEFENDANTS JONATHAN MARTIN AND PAUL SCOTTS REPLY TO PLAINTIFF ANTON TOUTOVS OBJECTIONS TO AND REQUEST TO STRIKE NEW EVIDENCE SUBMITTED IN SUPPORT OF DEFENDANTS JONATHAN MARTIN AND PAUL SCOTTS REPLY BRIEF First NOTICE OF MOTION AND MOTION for Summary Judgment as to to the Complaint Filed by Plaintiffs Anton Toutov #87 filed by Defendants Jonathan Martin, Paul Scott. (Weaver, Chad)
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Filing 105
PLAINTIFF'S OBJECTIONS AND REQUEST TO STRIKE NEW EVIDENCE SUBMITTED IN SUPPORT OF DEFENDANTS JONATHAN MARTIN AND PAUL SCOTT'S REPLY BRIEF DKT #103 re: First NOTICE OF MOTION AND MOTION for Summary Judgment as to to the Complaint Filed by Plaintiffs Anton Toutov #87 filed by Plaintiff Anton Toutov. (Attachments: #1 Supplemental Declaration of Prashanth Chennakesavan, #2 Exhibit A to Supplemental Declaration of Prashanth Chennakesavan)(Chennakesavan, Prashanth)
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Filing 104
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: On September 26, 2022, Plaintiff Anton Toutov applied to file under seal four documents designated by Defendants Jonathan Martin and Paul Scott as confidential #98 .In a non-sealed civil case such as this one, no document may be filed under seal without the Court's prior approval. Where a party seeks to file documents designated by another as confidential, the filing party must identify the confidential documents to be filed, and the designating party must file a declaration within four days establishing that the designated material is sealable. The Court has received no response from Defendants Martin and Scott to Plaintiff's Application to Seal. Accordingly, the Court DENIES Plaintiffs Application. Plaintiff may file unsealed Exhibits 72, 73, 74, and 75 to the Declaration of Prashanth Chennakesavan in Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment, no earlier than four days and no later than ten days after the date of this Order. Failure to file the identified documents as directed herein will result in the documents not being considered in connection with Plaintiff's Opposition. (lc) Modified on 10/4/2022 (lc).
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Filing 103
REPLY Reply to Plaintiffs Opposition to Motion for Summary Judgement or in the Alternative to Partial Summary Judgment First NOTICE OF MOTION AND MOTION for Summary Judgment as to to the Complaint Filed by Plaintiffs Anton Toutov #87 Jonathan Martin and Paul Scott filed by Defendants Jonathan Martin, Paul Scott. (Attachments: #1 Memorandum Additional Statement, #2 Declaration Defendants Jonathan Martin and Paul Scotts Objection to Plaintiff Declaration, #3 Memorandum Defendants Jonathan Martin and Paul Scotts Responses to Plaintiffs Evidentiary Objection, #4 Declaration of Michael Ruoco, #5 Exhibit Exhibit X in support of Michael Ruocco Declaration, #6 Exhibit Exhibit Y in support of Michael Ruocco Declaration, #7 Exhibit Exhibit Z in support of Michael Ruocco Declaration, #8 Exhibit Exhibit AA in support of Michael Ruocco Declaration)(Weaver, Chad)
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Filing 102
REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint #90 filed by Plaintiff Anton Toutov. (Chennakesavan, Prashanth)
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Filing 101
PROOF OF SERVICE filed by Plaintiff Anton Toutov, re Sealed Declaration in SupportDeclaration, #99 served on September 26, 2022. (Chennakesavan, Prashanth)
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Filing 100
OPPOSITION re: First NOTICE OF MOTION AND MOTION for Summary Judgment as to to the Complaint Filed by Plaintiffs Anton Toutov #87 filed by Plaintiff Anton Toutov. (Attachments: #1 Anton Toutov's Statement of Genuine Issues of Material Fact, #2 Declaration of Anton Toutov, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Exhibit 42, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46, #49 Exhibit 47, #50 Exhibit 48, #51 Exhibit 49, #52 Exhibit 50, #53 Exhibit 51, #54 Exhibit 52, #55 Exhibit 53, #56 Exhibit 54, #57 Exhibit 55, #58 Exhibit 56, #59 Exhibit 57, #60 Exhibit 58, #61 Exhibit 59, #62 Exhibit 60, #63 Exhibit 61, #64 Exhibit 62, #65 Exhibit 63, #66 Exhibit 64, #67 Exhibit 65, #68 Exhibit 66, #69 Exhibit 67, #70 Exhibit 68, #71 Exhibit 69, #72 Exhibit 70, #73 Exhibit 71, #74 Declaration of Prashanth Chennakesavan, #75 Exhibit 72-Under Seal, #76 Exhibit 73-Under Seal, #77 Exhibit 74-under Seal, #78 Exhibit 75-Under Seal, #79 Exhibit 76, #80 Exhibit 77, #81 Declaration of Craig Lund, #82 Plaintiff's Objections to Evidence Submitted In Support of Defendants Jonathan Martin and Paul Scotts Motion for Summary Judgment)(Chennakesavan, Prashanth)
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Filing 99
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits 72-75 to Chennakesavan Declaration in Support of Opposition to Mot. for Summary Judgment under seal #98 filed by Plaintiff Anton Toutov. (Attachments: #1 Exhibit 72 (Unredacted), #2 Exhibit 73 (Unredacted), #3 Exhibit 74 (Unredacted), #4 Exhibit 75 (Unredacted))(Chennakesavan, Prashanth)
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Filing 98
APPLICATION to file document Exhibits 72-75 to Chennakesavan Declaration in Support of Opposition to Mot. for Summary Judgment under seal filed by Plaintiff Anton Toutov. (Attachments: #1 Proposed Order re Application for Leave to File Under Seal)(Chennakesavan, Prashanth)
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Filing 97
OPPOSITION re: NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint #90 filed by Defendants Curative Inc., Curative Labs Inc.. (Attachments: #1 Declaration of LKrsulich)(Krsulich, Lora)
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Filing 96
NOTICE OF ERRATA filed by Defendants Jonathan Martin, Paul Scott. correcting Objection/Opposition (Motion related), #95 , Objection/Opposition (Motion related), #94 (Weaver, Chad)
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Filing 95
OPPOSITION Opposition for for Leave to file First Amended Complaint filed by Plaintiff Anton Toutov. re: NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint #90 filed by Defendants Jonathan Martin, Paul Scott. (Attachments: #1 Declaration of Michael Ruocco)(Weaver, Chad)
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Filing 94
OPPOSITION Opposition for for Leave to file First Amended Complaint filed by Plaintiff Anton Toutov. re: NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint #90 filed by Defendants Jonathan Martin, Paul Scott. (Attachments: #1 Declaration of Michael Ruocco)(Weaver, Chad)
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Filing 93
MINUTES OF (In Chambers): Order GRANTING IN PART Plaintiff's Motion to Compel Discovery from Jonathan Martin and Paul Scott (Dkt. Nos. 74-75) and Plaintiff's Motion to Compel Discovery from Curative Labs Inc. and Curative Inc. (Dkt. Nos. 76-77): granting in part and denying in part #74 Motion to Compel; granting in part and denying in part #76 Motion to Compel; Motion Hearing held before Magistrate Judge Alka Sagar. The Court GRANTS IN PART Plaintiff's motions to compel. The parties' competing requests for sanctions are DENIED. The parties are directed to meet and confer regarding a time frame for compliance with this Order. (see document for further details) Court Recorder: CS 09/20/22. (hr)
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Filing 92
NOTICE of Change of Lead Counsel changing lead counsel from Amanda Bonn to David M. Peterson. filed by Defendants Curative Inc., Curative Labs Inc., (Peterson, David)
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Filing 91
Opposition to and Request To Strike Curative Defedants' Request for Judicial Notice filed by Plaintiff Anton Toutov re: Request for Judicial Notice, #89 (Liang, Caleb)
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Filing 90
NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint filed by Plaintiff Anton Toutov. Motion set for hearing on 10/17/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Motion for Leave to File First Amended Complaint; Memorandum of Points and Authorities In Support of Motion for Leave to File First Amended Complaint, #2 Declaration of Caleb Liang, #3 Proposed Order) (Liang, Caleb)
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Filing 89
REQUEST FOR JUDICIAL NOTICE re MOTION to Compel Discovery from Curative Labs Inc. and Curative Inc. #76 for Judicial Notice of Facts Relevant to Plaintiff's Motion to Compel filed by Defendants Curative Inc., Curative Labs Inc.. (Peterson, David)
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Filing 88
COUNSEL ARE NOTIFIED, the Motion for Summary Judgment #87 , is CONTINUED to Monday, October 17, 2022 at 1:30 p.mTHERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 87
First NOTICE OF MOTION AND MOTION for Summary Judgment as to to the Complaint Filed by Plaintiffs Anton Toutov filed by Defendants Jonathan Martin and Paul Scott Jonathan Martin, Paul Scott. Motion set for hearing on 10/13/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum Memo, #2 Memorandum, #3 Declaration of Michael Ruocco, #4 Declaration of Paul Scott, #5 Declaration of Jonathan Martin, #6 Appendix, #7 Exhibit A, #8 Exhibit B, #9 Exhibit C, #10 Exhibit D, #11 Exhibit E, #12 Exhibit F, #13 Exhibit G, #14 Exhibit H, #15 Exhibit I, #16 Exhibit J, #17 Exhibit K, #18 Exhibit L, #19 Exhibit M, #20 Exhibit N, #21 Exhibit O, #22 Exhibit P, #23 Exhibit Q, #24 Exhibit R, #25 Exhibit S, #26 Exhibit T, #27 Exhibit U, #28 Exhibit V, #29 Exhibit W, #30 Proposed Order, #31 Proposed Order) (Weaver, Chad)
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Filing 86
ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MEMORANDUM in Opposition to Motion, #84 , for the following reasons: The memorandum is NOT dated or signed. Attorney must e-file correctly adding all pertinent information before submission. (lc)
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Filing 85
ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION TO EXTEND TIME TO EXCHANGE EXPERT REPORTS #79 by Judge Otis D. Wright, II. (lc)
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Filing 84
(STRICKEN PER 9/8/2022 ORDER DOCKET NO. 86). MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for Extending Time to Exchange Expert Reports #79 Jonathan Martin and Paul Scott filed by Defendants Jonathan Martin, Paul Scott. (Attachments: #1 Declaration of Michael Ruocco)(Weaver, Chad) Modified on 9/8/2022 (lc).
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Filing 83
MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for Extending Time to Exchange Expert Reports #79 filed by Defendants Curative Inc., Curative Labs Inc.. (Attachments: #1 Declaration of David M. Peterson in Support of Curative Defendants' Opposition to Plaintiffs's Ex Parte Application to Extend Time to Exchange Expert Report)(Peterson, David)
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Filing 82
Notice of Appearance or Withdrawal of Counsel: for attorney Lora Jasmina Krsulich counsel for Defendants Curative Inc., Curative Labs Inc.. Adding Lora J. Krsulich as counsel of record for Defendants Curative Labs Inc. and Curative Inc. for the reason indicated in the G-123 Notice. Filed by Defendants Curative Labs Inc. and Curative Inc.. (Attorney Lora Jasmina Krsulich added to party Curative Inc.(pty:dft), Attorney Lora Jasmina Krsulich added to party Curative Labs Inc.(pty:dft))(Krsulich, Lora)
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Filing 81
SUPPLEMENT to MOTION to Compel Discovery from Curative Labs Inc. and Curative Inc. #76 filed by Plaintiff Anton Toutov. (Attachments: #1 Supplement Declaration of Prashanth Chennakesavan In Support of Anton Toutov's Motion To Compel Discovery From Curative Labs Inc. and Curative Inc.)(Chennakesavan, Prashanth)
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Filing 80
SUPPLEMENT to MOTION to Compel Discovery #74 filed by Plaintiff Anton Toutov. (Attachments: #1 Supplement Declaration of Caleb Liang In Support of Motion to Compel Discovery From Individual Defendants Jonathan Martin and Paul Scott)(Liang, Caleb)
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Filing 79
EX PARTE APPLICATION for Order for Extending Time to Exchange Expert Reports filed by Plaintiff Anton Toutov. (Attachments: #1 Anton Toutov's Memorandum of Points and Authorities In Support of His Application to Extend Time, #2 Declaration of Prashanth Chennakesavan In Support of Anton Toutov's Application to Extend Time to Exchange Expert Report, #3 Exhibit A to P. Chennakesavan Declaration, #4 Proposed Order) (Chennakesavan, Prashanth)
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Filing 78
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Alka Sagar. Counsel has failed to provide the courtesy copies re MOTION to Compel Discovery from Curative Labs Inc. and Curative Inc. (Docket No. #76 , Joint Stipulation re Discovery Motion (Docket No. #75 ), Joint Stipulation re Discovery Motion (Docket No. #77 ) and MOTION to Compel Discovery (Docket No. #74 ), which were filed on August 30, 2022. Pursuant to the Judge's Procedures and Schedules (http://www.cacd.uscourts.gov/honorable-alka-sagar), counsel is ordered to submit the required courtesy copies by no later than 12:00 p.m. on September 7, 2022. Failure to deliver timely mandatory chambers copies may result in a delay in hearing a motion or ordering the matter off calendar. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY
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Filing 77
JOINT STIPULATION to MOTION to Compel Discovery from Curative Labs Inc. and Curative Inc. #76 filed by Plaintiff Anton Toutov. (Chennakesavan, Prashanth)
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Filing 76
NOTICE OF MOTION AND MOTION to Compel Discovery from Curative Labs Inc. and Curative Inc. filed by Plaintiff Anton Toutov. Motion set for hearing on 9/20/2022 at 10:00 AM before Magistrate Judge Alka Sagar. (Attachments: #1 Declaration of Prashanth Chennakesavan, #2 Exhibit 1 to Chennakesavan Declaration, #3 Exhibit 2 to Chennakesavan Declaration, #4 Exhibit 3 to Chennakesavan Declaration, #5 Exhibit 4 to Chennakesavan Declaration, #6 Declaration of David M. Peterson)(Chennakesavan, Prashanth)
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Filing 75
JOINT STIPULATION to MOTION to Compel Discovery #74 filed by Plaintiff Anton Toutov. (Chennakesavan, Prashanth)
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Filing 74
NOTICE OF MOTION AND MOTION to Compel Discovery filed by Plaintiff Anton Toutov. Motion set for hearing on 9/20/2022 at 10:00 AM before Magistrate Judge Alka Sagar. (Attachments: #1 Declaration of Prashanth Chennakesavan, #2 Exhibit 1 to Chennakesavan Declaration, #3 Exhibit 2 to Chennakesavan Declaration, #4 Exhibit 3 to Chennakesavan Declaration, #5 Exhibit 4 to Chennakesavan Declaration, #6 Exhibit 5 to Chennakesavan Declaration, #7 Declaration of Michael Vincent Ruocco)(Chennakesavan, Prashanth)
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Filing 73
Notice of Appearance or Withdrawal of Counsel: for attorney Chad E Weaver counsel for Defendants Jonathan Martin, Paul Scott. Robert A. Latham III 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 Jonathan Martin and Paul Scott Robert A. Latham III. (Weaver, Chad)
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Filing 72
Notice of Appearance or Withdrawal of Counsel: for attorney Chad E Weaver counsel for Defendants Jonathan Martin, Paul Scott. Frances M. O'Meara 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 Jonathan Martin and Paul Scott Frances M. O'Meara. (Weaver, Chad)
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Filing 71
Notice of Appearance or Withdrawal of Counsel: for attorney Chad E Weaver counsel for Defendants Jonathan Martin, Paul Scott. Adding Chad Weaver as counsel of record for Defendants Jonathan Martin and Paul Scott for the reason indicated in the G-123 Notice. Filed by Defendants Jonathan Martin and Paul Scott Chad Weaver. (Weaver, Chad)
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Filing 70
Notice of Appearance or Withdrawal of Counsel: for attorney Chad E Weaver counsel for Defendants Jonathan Martin, Paul Scott. Adding Michael Ruocco as counsel of record for Defendants Jonathan Martin and Paul Scott for the reason indicated in the G-123 Notice. Filed by Defendants Jonathan Martin and Paul Scott Michael Ruocco. (Attorney Chad E Weaver added to party Jonathan Martin(pty:dft), Attorney Chad E Weaver added to party Paul Scott(pty:dft))(Weaver, Chad)
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Filing 69
ORDER RE: STIPULATION TO MODIFY SCHEDULING ORDER #68 by Judge Otis D. Wright, II: The Scheduling order dated November 23, 2021, is modified as follows: Final Pretrial Conference set for 1/23/2023 01:30 PM ; Jury Trial set for 2/21/2023 09:00 AM ; Motion in Limine set for hearing on 2/13/2023 at 01:30 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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Filing 68
STIPULATION for Order TO MODIFY SCHEDULING ORDER filed by Plaintiff Anton Toutov. (Attachments: #1 Proposed Order)(Chennakesavan, Prashanth)
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Filing 67
Notice of Appearance or Withdrawal of Counsel: for attorney Margaret Nicole Buckles counsel for Plaintiff Anton Toutov. Adding Margaret N. Buckles as counsel of record for Anton Toutov for the reason indicated in the G-123 Notice. Filed by Plaintiff Anton Toutov. (Attorney Margaret Nicole Buckles added to party Anton Toutov(pty:pla))(Buckles, Margaret)
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Filing 66
ORDER by Judge Otis D. Wright, II: granting #64 Non-Resident Attorney David M. Peterson APPLICATION to Appear Pro Hac Vice on behalf of Curative Inc. and Curative Labs Inc., designating Amanda K Bonn as local counsel. (lom)
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Filing 65
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Maria A. Audero. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Maria A. Audero to Magistrate Judge Alka Sagar for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-11284 ODW(ASx). (rn)
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Filing 64
APPLICATION of Non-Resident Attorney David M. Peterson to Appear Pro Hac Vice on behalf of Defendants Curative Inc., Curative Labs Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33013475) filed by defendant Curative Inc., Curative Labs Inc.. (Attachments: #1 Proposed Order) (Bonn, Amanda)
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Filing 63
ORDER GRANTING REQUEST TO SUBSTITUTE ATTORNEY Amanda Bonn in place of attorney Todd A. Roberts, Stephen J. Erigero, Maureen C. O'Hara for defendants Curative Inc., Curative Labs I #62 by Judge Otis D. Wright, II. (lc)
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Filing 62
REQUEST TO SUBSTITUTE ATTORNEY Amanda Bonn in place of attorney Todd A. Roberts, Stephen J. Erigero, Maureen C. O'Hara filed by defendant Curative Inc., Curative Labs Inc.. (Attachments: #1 Proposed Order on Request for Approval of Substitution or Withdrawal of Counsel) (Attorney Amanda K Bonn added to party Curative Inc.(pty:dft), Attorney Amanda K Bonn added to party Curative Labs Inc.(pty:dft)) (Bonn, Amanda)
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Filing 61
STIPULATED PROTECTIVE ORDER by Magistrate Judge Maria A. Audero re Stipulation for Protective Order #60 . [See document for details.] (es)
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Filing 60
STIPULATION for Protective Order filed by Plaintiff Anton Toutov.(Liang, Caleb)
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Filing 59
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 58
SCHEDULING AND CASE MANAGEMENT ORDER (JURY TRIAL) 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. Final Pretrial Conference set for 10/17/2022 01:30 PM; Motion in Limine set for hearing on 10/31/2022 at 01:30 PM ; Jury Trial set for 11/8/2022 09:00 AM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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Filing 57
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff Anton Toutov.. (Crane, David)
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Filing 56
ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendants Curative Inc., Curative Labs Inc..(Roberts, Todd)
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Filing 55
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)]; SCHEDULING CONFERENCE [FRCP 26(f)] by Judge Otis D. Wright, II. Scheduling Conference set for November 29, 2021 at 1:30 p.m. See order for further details. (lom)
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Filing 54
ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Attorney Jonathan Martin, Paul Scott.(Latham, Robert)
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Filing 53
Notice of Appearance or Withdrawal of Counsel: for attorney Jonathan C Hatfield counsel for Defendants Curative Inc., Curative Labs Inc.. Jonathan C. Hatfield 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 Curative Labs, Inc. and Curative, Inc.. (Hatfield, Jonathan)
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Filing 52
NOTICE OF DISMISSAL filed by Plaintiff Anton Toutov pursuant to FRCP 41a(1) as to Korva Holdings LLC, Korva Scientific, Inc.. (Liang, Caleb)
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Filing 51
ORDER DENYING MOTION TO DISMISS #23 ; AND GRANTING MOTION TO DISMISS #31 by Judge Otis D. Wright, II: Court DENIES the Curative Motion to Dismiss. The Court GRANTS the Korva Motion to Dismiss with leave to amend. Toutov may amend his complaint to remedy the deficiencies noted above by September 21, 2021. If Toutov timely files an amended complaint, all Defendants shall respond to the amended complaint within fourteen days of it being filed. If Toutov does not timely file an amended complaint, Curative Defendants shall respond to the Complaint by October 5, 2021, and the dismissal of the Korva Defendants will convert to one with prejudice. #31 #23 (lc) Modified on 9/21/2021 (lc).
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Filing 50
Notice of Appearance or Withdrawal of Counsel: for attorney Michael A Pearlson counsel for Plaintiff Anton Toutov. Michael A. Pearlson is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Anton Toutov. (Pearlson, Michael)
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Filing 49
Notice of Appearance or Withdrawal of Counsel: for attorney Jonathan C Hatfield counsel for Defendants Curative Inc., Curative Labs Inc.. Adding Jonathan C. Hatfield as counsel of record for Defendants Curative Labs, Inc. and Curative, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants Curative Labs, Inc. and Curative, Inc.. (Attorney Jonathan C Hatfield added to party Curative Inc.(pty:dft), Attorney Jonathan C Hatfield added to party Curative Labs Inc.(pty:dft))(Hatfield, Jonathan)
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Filing 48
Notice of Appearance or Withdrawal of Counsel: for attorney Nicole Suzanne Healy counsel for Defendants Curative Inc., Curative Labs Inc.. Nicole S. Healy 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 CURATIVE LABS, INC. and CURATIVE, INC.. (Healy, Nicole)
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Filing 47
NOTICE of Change of address by Nicole Suzanne Healy attorney for Defendants Curative Inc., Curative Labs Inc.. Changing attorneys address to 545 Middlefield Road, Suite 175, Menlo Park, CA 94025. Filed by Defendants Curative Inc., Curative Labs Inc.. (Healy, Nicole)
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Filing 46
NOTICE of Change of address by Nicole Suzanne Healy attorney for Defendants Curative Inc., Curative Labs Inc.. Changing attorneys address to 545 Middlefield Road, Suite 175, Menlo Park, California 94025. Filed by Defendants Curative Inc., Curative Labs Inc.. (Healy, Nicole)
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Filing 45
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:The Court finds that Plaintiffs Response sufficiently clarifies the allegations of the parties citizenship and satisfies Plaintiffs burden to establish diversity subject matter jurisdiction #44 . Accordingly, the Court hereby DISCHARGESthe Order to Show Cause #43 . (lc)
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Filing 44
RESPONSE filed by Plaintiff Anton Toutovto Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #43 (Chennakesavan, Prashanth)
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Filing 43
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff is ORDERED to SHOW CAUSE, in writing only, by April 19, 2021, why this action should not be dismissed for lack of subject matter jurisdiction. Failure to timely respond to this order will be construed as a concession that the Court lacks diversity jurisdiction and shall result in dismissal of the case without prejudice, without further warning. (lc) Modified on 4/5/2021 (lc).
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Filing 42
The hearing on the MOTION to Dismiss the Complaint #31 , scheduled for March 15, 2021 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
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Filing 41
REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(g); Memorandum of Points and Authorities in Support Thereof #31 filed by Defendants Korva Holdings LLC, Korva Scientific, Inc.. (Hamid, Weiss)
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Filing 40
OBJECTIONS to Objection/Opposition (Motion related) #39 filed by Defendants Jonathan Martin, Paul Scott. (Latham, Robert)
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Filing 39
OBJECTION in opposition re: NOTICE OF MOTION AND MOTION to Dismiss COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) #23 Objection re: Reply [ECF No. 33] filed by Plaintiff Anton Toutov. (Chennakesavan, Prashanth)
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Filing 38
The hearing on the MOTION to Dismiss #23 , scheduled for March 1, 2021 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
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Filing 37
OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(g); Memorandum of Points and Authorities in Support Thereof #31 filed by Plaintiff Anton Toutov. (Chennakesavan, Prashanth)
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Filing 36
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(g); Memorandum of Points and Authorities in Support Thereof #31 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (lom)
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Filing 35
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #29 by Judge Otis D. Wright, II: granting Request to Substitute Attorney Robert Allen Latham, III for Paul Scott as attorney of record instead of Todd A. Roberts & Nicole S. Healy of Ropers Majeski PC. (lom)
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Filing 34
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #30 by Judge Otis D. Wright, II: granting #30 Request to Substitute Attorney Robert Allen Latham, III for Jonathan Martin as attorney of record instead of Todd A. Roberts & Nicole S. Healy of Ropers Majeski PC. (lom)
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Filing 33
REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) #23 filed by Defendants Jonathan Martin, Paul Scott. (Latham, Robert)
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Filing 32
NOTICE OF MOTION re NOTICE OF MOTION AND MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(g); Memorandum of Points and Authorities in Support Thereof #31 filed by Defendants Korva Holdings LLC, Korva Scientific, Inc.. Motion set for hearing on 3/15/2021 at 01:30 PM before Judge Otis D. Wright II. (Green, Gabriel)
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Filing 31
NOTICE OF MOTION AND MOTION to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(g); Memorandum of Points and Authorities in Support Thereof filed by Defendants Korva Holdings LLC, Korva Scientific, Inc.. Motion set for hearing on 3/15/2021 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration Weiss B. Hamid, #2 Proposed Order) (Attorney Gabriel G Green added to party Korva Holdings LLC(pty:dft), Attorney Gabriel G Green added to party Korva Scientific, Inc.(pty:dft)) (Green, Gabriel)
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Filing 30
REQUEST TO SUBSTITUTE ATTORNEY Robert A. Latham III in place of attorney Nicole S. Healy filed by Defendant Jonathan Martin. (Attachments: #1 Proposed Order G-01 ORDER) (Healy, Nicole)
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Filing 29
REQUEST TO SUBSTITUTE ATTORNEY Robert A. Latham III in place of attorney Nicole S. Healy filed by Defendant Paul Scott. (Attachments: #1 Proposed Order G-01 ORDER) (Healy, Nicole)
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Filing 28
REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) #23 filed by Defendants Curative Inc., Curative Labs Inc.. (Healy, Nicole)
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Filing 27
Notice of Appearance or Withdrawal of Counsel: for attorney Robert Allen Latham, III counsel for Defendants Jonathan Martin, Paul Scott. Adding Isis Miranda as counsel of record for Jonathan Martin and Paul Scott for the reason indicated in the G-123 Notice. Filed by Defendants Jonathan Martin and Paul Scott. (Latham, Robert)
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Filing 26
Notice of Appearance or Withdrawal of Counsel: for attorney Robert Allen Latham, III counsel for Defendants Jonathan Martin, Paul Scott. Adding Robert A. Latham III as counsel of record for Jonathan Martin and Paul Scott for the reason indicated in the G-123 Notice. Filed by Defendants Jonathan Martin and Paul Scott. (Latham, Robert)
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Filing 25
Notice of Appearance or Withdrawal of Counsel: for attorney Robert Allen Latham, III counsel for Defendants Jonathan Martin, Paul Scott. Adding Frances M. O'Meara as counsel of record for Jonathan Martin and Paul Scott for the reason indicated in the G-123 Notice. Filed by Defendants Jonathan Martin and Paul Scott. (Attorney Robert Allen Latham, III added to party Jonathan Martin(pty:dft), Attorney Robert Allen Latham, III added to party Paul Scott(pty:dft))(Latham, Robert)
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Filing 24
OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) #23 filed by Plaintiff Anton Toutov. (Chennakesavan, Prashanth)
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Filing 23
NOTICE OF MOTION AND MOTION to Dismiss COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) filed by Defendants Curative Inc., Curative Labs Inc., Jonathan Martin, Paul Scott. Motion set for hearing on 3/1/2021 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (Healy, Nicole)
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Filing 22
CERTIFICATE of Interested Parties filed by Defendants Curative Inc., Curative Labs Inc., Jonathan Martin, Paul Scott, identifying Plaintiff Anton Toutov, Defendant Curative Labs Inc., Defendant Curative Inc., Defendant Paul Scott, Defendant Jonathan Martin, Defendant Korva Holdings LLC, Defendant Korva Scientific, Inc.. (Healy, Nicole)
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Filing 21
STIPULATION Extending Time to Answer the complaint as to Korva Holdings LLC answer now due 2/12/2021; Korva Scientific, Inc. answer now due 2/12/2021, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Korva Holdings LLC; Korva Scientific, Inc..(Attorney Weiss Baryalai Hamid added to party Korva Holdings LLC(pty:dft), Attorney Weiss Baryalai Hamid added to party Korva Scientific, Inc.(pty:dft))(Hamid, Weiss)
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Filing 20
STIPULATION Extending Time to Answer the complaint as to Jonathan Martin answer now due 1/25/2021; Curative Inc. answer now due 1/25/2021; Curative Labs Inc. answer now due 1/25/2021; Paul Scott answer now due 1/25/2021, filed by Defendants Jonathan Martin; Curative Inc.; Curative Labs Inc.; Paul Scott.(Attorney Nicole Suzanne Healy added to party Curative Inc.(pty:dft), Attorney Nicole Suzanne Healy added to party Curative Labs Inc.(pty:dft), Attorney Nicole Suzanne Healy added to party Jonathan Martin(pty:dft), Attorney Nicole Suzanne Healy added to party Paul Scott(pty:dft))(Healy, Nicole)
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Filing 19
PROOF OF SERVICE Executed by Plaintiff Anton Toutov, upon Defendant Korva Scientific, Inc. served on 12/23/2020, answer due 1/13/2021. Service of the Summons and Complaint were executed upon Jonathan Martin, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Chennakesavan, Prashanth)
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Filing 18
PROOF OF SERVICE Executed by Plaintiff Anton Toutov, upon Defendant Korva Holdings LLC served on 12/23/2020, answer due 1/13/2021. Service of the Summons and Complaint were executed upon Jonathan Martin, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Chennakesavan, Prashanth)
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Filing 17
PROOF OF SERVICE Executed by Plaintiff Anton Toutov, upon Defendant Jonathan Martin served on 12/23/2020, answer due 1/13/2021. Service of the Summons and Complaint were executed upon Jonathan Martin in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Chennakesavan, Prashanth)
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Filing 16
PROOF OF SERVICE Executed by Plaintiff Anton Toutov, upon Defendant Paul Scott served on 12/19/2020, answer due 1/11/2021. Service of the Summons and Complaint were executed upon Paul Scott in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Chennakesavan, Prashanth)
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Filing 15
PROOF OF SERVICE Executed by Plaintiff Anton Toutov, upon Defendant Curative Labs Inc. served on 12/19/2020, answer due 1/11/2021. Service of the Summons and Complaint were executed upon Paul Scott, Chief Executive Officer in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Chennakesavan, Prashanth)
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Filing 14
PROOF OF SERVICE Executed by Plaintiff Anton Toutov, upon Defendant Curative Inc. served on 12/18/2020, answer due 1/8/2021. Service of the Summons and Complaint were executed upon Lai Saevung, CSC Lawyers Incorporating Service, Inc. Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Chennakesavan, Prashanth)
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Filing 13
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 minute order for details. (lom) Modified on 12/17/2020 (lom).
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Filing 12
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Korva Scientific, Inc. (ghap)
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Filing 11
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Korva Holdings LLC. (ghap)
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Filing 10
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Paul Scott. (ghap)
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Filing 9
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Jonathan Martin. (ghap)
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Filing 8
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Curative Inc. (ghap)
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Filing 7
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Curative Labs Inc. (ghap)
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Filing 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
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Filing 5
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Maria A. Audero. (ghap)
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Filing 4
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Anton Toutov. (Attachments: #1 Summons Request - Curative Inc., #2 Summons Request - Jonathan Martin, #3 Summons Request - Paul Scott, #4 Summons Request - Korva Holdings LLC, #5 Summons Request - Korva Scientific, Inc.)(Chennakesavan, Prashanth)
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Filing 3
CERTIFICATE of Interested Parties filed by Plaintiff Anton Toutov, (Chennakesavan, Prashanth)
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Filing 2
CIVIL COVER SHEET filed by Plaintiff Anton Toutov. (Chennakesavan, Prashanth)
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Filing 1
COMPLAINT Receipt No: ACACDC-29535170 - Fee: $402, filed by Plaintiff Anton Toutov. (Attorney Prashanth Chennakesavan added to party Anton Toutov(pty:pla))(Chennakesavan, Prashanth)
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