Elite Surgical Clinic et al v. Cynosure, Inc.
| Elite Surgical Clinic, Susan L. Chobanian, M.D. and Elite Surgical Clinic Medical Corporation |
| Cynosure, Inc. and Does 1 through 50 |
| 2:2021cv08079 |
| October 11, 2021 |
| US District Court for the Central District of California |
| Andre Birotte |
| Margo A Rocconi |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 22, 2022. A more recent docket listing may be available from PACER.
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| Filing 32 NOTICE of Voluntary Dismissal filed by Plaintiff Elite Surgical Clinic Medical Corporation. Dismissal is With Prejudice. (Foster, Richard) |
Filing 31
ORDER DISMISSING CIVIL ACTION by Judge Andre Birotte Jr.: The Court has been advised that this action has been settled #30 . The Court therefore ORDERS that this action is hereby DISMISSED without costs and without prejudice to the right, upon good cause shown within 45 days, to reopen the action if settlement is not consummated. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. ( Case Terminated. Made JS-6. ) (gk)
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| Filing 30 NOTICE of Settlement Joint Notice of Settlement filed by Plaintiff Elite Surgical Clinic Medical Corporation. (Foster, Richard) |
| Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Richard Martin Foster counsel for Plaintiff Elite Surgical Clinic Medical Corporation. Adding David R. Euredjian as counsel of record for Plaintiffs Elite Surgical Clinic, Susan Chobanian, M.D. for the reason indicated in the G-123 Notice. Filed by Plaintiffs Law Offices of Richard M. Foster. (Foster, Richard) |
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Filing 29
ORDER RE: JURY/COURT TRIAL: I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Jury Trial set for 4/11/2023 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference and Hearing on Motions In Limine set for 3/24/2023 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 4/15/2022. Non-Expert Discovery cut-off 9/23/2022. Last Date to Hear Motions 12/16/2022. Deadline to Complete Settlement Conference 1/13/2023. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 3/3/2023. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 3/10/2023. See document for further details. (gk)
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Filing 27
ORDER/REFERRAL to ADR Procedure No 2 by Judge Andre Birotte Jr. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 1/13/2023. (vv)
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Filing 26
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the February 18, 2022, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) TEXT ONLY ENTRY
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| Filing 25 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff Elite Surgical Clinic Medical Corporation.. (Attachments: #1 Exhibit Schedule of Pretrial dates worksheet)(Foster, Richard) |
| Filing 24 NOTICE OF MOTION AND MOTION to Dismiss (Partial) and/or Strike the First Amended Complaint filed by defendant Cynosure, Inc.. Motion set for hearing on 3/25/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order) (Wiesner, Jocelyn) |
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Filing 23
ORDER GRANTING STIPULATION RE: EXTENSION OF TIME TO RESPOND TO THE FIRST AMENDED COMPLAINT by Judge Andre Birotte Jr.: The Court approves the parties' Stipulation #22 and HEREBY ORDERS that Defendant Cynosure, Inc.'s time to respond to the First Amended Complaint #20 shall be extended up to and including 2/3/2022. (gk)
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| Filing 22 STIPULATION Extending Time to Answer the complaint as to Cynosure, Inc. answer now due 2/2/2022, re Amended Complaint/Petition, #20 filed by Defendant Cynosure, Inc.. (Attachments: #1 Proposed Order)(Beroukhim, Eskandar) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition, #20 . The following error(s) was/were found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
| Filing 20 First AMENDED COMPLAINT against Defendant All Plaintiffs amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Elite Surgical Clinic Medical Corporation (Attachments: #1 Exhibit Opening Offer, #2 Exhibit Modified Initialed Offer, #3 Exhibit Original Actual Purchase Agreement, #4 Exhibit Gmail confirming changes, #5 Exhibit Yahoo mail TempSure purchase agreement)(Foster, Richard) |
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Filing 19
MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND/OR STRIKE by Judge Andre Birotte Jr.: Defendant's Motion to Dismiss and to Strike #11 is GRANTED in its entirety. Plaintiffs may attempt to cure the deficiencies in their claims by filing a First Amended Complaint within 21 days of the issuance of this Order. If Plaintiffs do not timely file an amended Complaint, the action will be deemed dismissed with prejudice and the case will be closed. Court Reporter: N/A. (gk)
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| Filing 18 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case and/or NOTICE OF MOTION AND MOTION to Strike Plaintiffs' request for attorneys' fees re Complaint (Attorney Civil Case Opening), #1 #11 filed by Defendant Cynosure, Inc.. (Beroukhim, Eskandar) |
| Filing 17 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case and/or NOTICE OF MOTION AND MOTION to Strike Plaintiffs' request for attorneys' fees re Complaint (Attorney Civil Case Opening), #1 #11 filed by Plaintiff Elite Surgical Clinic Medical Corporation. (Foster, Richard) |
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Filing 16
ORDER by Judge Andre Birotte Jr: GRANTING #15 Non-Resident Attorney Jocelyn A. Wiesner APPLICATION to Appear Pro Hac Vice on behalf of Defendant Cynosure, Inc., designating E. Alex Beroukhim as local counsel. (shb)
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| Filing 15 APPLICATION of Non-Resident Attorney Jocelyn A. Wiesner to Appear Pro Hac Vice on behalf of Defendant Cynosure, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32309820) filed by defendant Cynosure, Inc.. (Attachments: #1 Proposed Order) (Beroukhim, Eskandar) |
| Filing 14 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION to Dismiss Case #11 by Clerk. The hearing date has been rescheduled. Motion set for hearing on 12/17/2021 at 10:00 AM before Judge Andre Birotte Jr. (lom) |
| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case and/or Strike #11 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): Motion should be noticed at least 28 days after filing. 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. (bm) |
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Filing 12
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 2/18/2022 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Case and/or, NOTICE OF MOTION AND MOTION to Strike Plaintiffs' request for attorneys' fees re Complaint (Attorney Civil Case Opening), #1 filed by defendant Cynosure, Inc.. Motion set for hearing on 12/3/2021 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Jocelyn A. Wiesner, #2 Exhibit A to Jocelyn A. Wiesner Declaration, #3 Proposed Order) (Beroukhim, Eskandar) |
| Filing 10 NOTICE of Interested Parties filed by Defendant Cynosure, Inc., identifying Lotus Buyer, Inc., as member; Lotus Midco, Inc., as parent of Lotus Buyer, Inc.; Lotus Parent, Inc., as parent of Lotus Midco, Inc.; and Clayton Dubilier & Rice Lotus Holdings, L.P., as parent of Lotus Parent, Inc.. (Attorney Eskandar Alex Beroukhim added to party Cynosure, Inc.(pty:dft))(Beroukhim, Eskandar) |
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Filing 9
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 8 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Summons Request #2 . The following error(s) was found: Other error(s) with document(s): Attachments No. 1 Civil Cover Sheet should not have been attached to Docket Entry No. 2. You are not required to take any action to correct this deficiency unless the Court so directs. (lh) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Cynosure, Inc. (lh) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Margo A. Rocconi. (lh) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, identifying Elite Surgical Clinic, Medical Corporation, Susan L. Combanian, M.D., Cynosure, Inc.. (Foster, Richard) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Susan L. Chobanian, M.D., Elite Surgical Clinic. (Attachments: #1 Civil Cover Sheet)(Foster, Richard) |
| Filing 1 COMPLAINT Receipt No: ACACDC-32130310 - Fee: $402, filed by Plaintiff Elite Surgical Clinic, Susan L. Chobanian, M.D.. (Attachments: #1 Exhibit) (Attorney Richard Martin Foster added to party Susan L. Chobanian, M.D.(pty:pla), Attorney Richard Martin Foster added to party Elite Surgical Clinic(pty:pla))(Foster, Richard) |
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