Culver Clinic Development, Inc. et al v. Millennium Systems International, LLC
| Culver Clinic Development, Inc., WMC Clinic Development, Inc., Marina Clinic Development, Inc., Redondo Clinic Development, Inc., Santa Monica Clinic Development, Inc. and South OC Clinic Development, Inc. |
| Millennium Systems International, LLC formerly known as Harms Software, Inc. doing business as Millennium Systems, Inc., Harms Software, Inc., OC Development Group, LLC, Franchise Management Group and Does 1-10, inclusive |
| 2:2021cv08374 |
| October 22, 2021 |
| US District Court for the Central District of California |
| Dale S Fischer |
| Gail J Standish |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 19, 2022. A more recent docket listing may be available from PACER.
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| Filing 41 REPLY in support NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #22 filed by Plaintiffs Culver Clinic Development, Inc., Marina Clinic Development, Inc., Redondo Clinic Development, Inc., Santa Monica Clinic Development, Inc., South OC Clinic Development, Inc., WMC Clinic Development, Inc.. (Ghilezan, Rares) |
| Filing 40 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #20 filed by Defendant Millennium Systems International, LLC. (Weinstein, Samantha) |
| Filing 39 REPLY in support of NOTICE OF MOTION AND MOTION to Strike Amended Complaint/Petition, #17 #21 filed by Defendant Millennium Systems International, LLC. (Yencarelli, Jennifer) |
| Filing 38 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request, #35 . The following error(s) was found: Document 35 is a duplicate of document no. 33. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lom) |
| Filing 37 21 DAY Summons Issued re First Amended Complaint #17 as to Defendant OC Development Group, LLC. (lom) |
| Filing 36 21 DAY Summons Issued re First Amended Complaint #17 as to Defendant Franchise Management Group. (lom) |
| Filing 35 Request for Clerk to Issue Summons on Amended Complaint/Petition, #17 filed by Plaintiffs Culver Clinic Development, Inc., Marina Clinic Development, Inc., Redondo Clinic Development, Inc., Santa Monica Clinic Development, Inc., South OC Clinic Development, Inc., WMC Clinic Development, Inc.. (Herndon, Joshua) |
| Filing 34 Request for Clerk to Issue Summons on Amended Complaint/Petition, #17 filed by Plaintiffs Culver Clinic Development, Inc., Marina Clinic Development, Inc., Redondo Clinic Development, Inc., Santa Monica Clinic Development, Inc., South OC Clinic Development, Inc., WMC Clinic Development, Inc.. (Herndon, Joshua) |
| Filing 33 Request for Clerk to Issue Summons on Amended Complaint/Petition, #17 filed by Plaintiffs Culver Clinic Development, Inc., Marina Clinic Development, Inc., Redondo Clinic Development, Inc., Santa Monica Clinic Development, Inc., South OC Clinic Development, Inc., WMC Clinic Development, Inc.. (Herndon, Joshua) |
| Filing 32 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #20 filed by Plaintiffs Culver Clinic Development, Inc., Marina Clinic Development, Inc., Redondo Clinic Development, Inc., Santa Monica Clinic Development, Inc., South OC Clinic Development, Inc., WMC Clinic Development, Inc.. (Ghilezan, Rares) |
| Filing 31 OPPOSITION opposition re: NOTICE OF MOTION AND MOTION to Strike Amended Complaint/Petition, #17 #21 filed by Plaintiffs Culver Clinic Development, Inc., Marina Clinic Development, Inc., Redondo Clinic Development, Inc., Santa Monica Clinic Development, Inc., South OC Clinic Development, Inc., WMC Clinic Development, Inc.. (Ghilezan, Rares) |
| Filing 30 OPPOSITION re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #22 filed by Defendant Millennium Systems International, LLC. (Attachments: #1 Declaration of Jennifer Yencarelli)(Yencarelli, Jennifer) |
Filing 29
ORDER/REFERRAL to ADR Procedure No 3 by Judge Dale S. Fischer. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 11/8/22. (rfi)
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Filing 28
Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Final Pretrial Conference set for 1/9/2023 at 3:00 PM before Judge Dale S. Fischer. Jury Trial set for 1/31/2023 at 8:30 AM before Judge Dale S. Fischer. (rfi)
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Filing 27
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dale S. Fischer. The ex parte application to continue the scheduling conference #23 is denied as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY
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| Filing 26 TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court takes the Scheduling Conference off calendar and establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. All fictitiously named defendants are dismissed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 25 RULE 26(f) REPORT filed by Defendant Millennium Systems International, LLC. (Yencarelli, Jennifer) |
| Filing 24 Opposition re: First EX PARTE APPLICATION to Continue December 20, 2021 Scheduling Conference, or Alternatively Advance Hearing Date for Plaintiffs' Motion to Remand and Issue Expedited Briefing Schedule Related Thereto EX PARTE APPLICATION to File Amicus Brief EX PARTE APPLICATION to Withdraw #23 filed by Defendant Millennium Systems International, LLC. (Attachments: #1 Declaration of Jennifer Yencarelli)(Yencarelli, Jennifer) |
| Filing 23 First EX PARTE APPLICATION to Continue December 20, 2021 Scheduling Conference, or Alternatively Advance Hearing Date for Plaintiffs' Motion to Remand and Issue Expedited Briefing Schedule Related Thereto, EX PARTE APPLICATION to File Amicus Brief , EX PARTE APPLICATION to Withdraw filed by Plaintiffs Culver Clinic Development, Inc., Marina Clinic Development, Inc., Redondo Clinic Development, Inc., Santa Monica Clinic Development, Inc., South OC Clinic Development, Inc., WMC Clinic Development, Inc.. (Attachments: #1 Declaration Declaration of R. Michael Ghilezan in Support of Plaintiffs' Ex Parte Application to Continue December 20, 2021 Scheduling Conference, or Alternatively Advance Hearing Date for Plaintiff's Motion to Remand and Issue Expedited Briefing Schedule Related Thereto, #2 Proposed Order Proposed Order Re Plaintiffs' Ex Parte Application to Continue December 20, 2021 Scheduling Conference, or Alternatively Advance Hearing Date for Plaintiff's Motion to Remand and Issue Expedited Briefing Schedule Related Thereto) (Herndon, Joshua) |
| Filing 22 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiffs Culver Clinic Development, Inc., Marina Clinic Development, Inc., Redondo Clinic Development, Inc., Santa Monica Clinic Development, Inc., South OC Clinic Development, Inc., WMC Clinic Development, Inc.. Motion set for hearing on 1/3/2022 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration in Support of Motion, #2 Proposed Order) (Ghilezan, Rares) |
| Filing 21 NOTICE OF MOTION AND MOTION to Strike Amended Complaint/Petition, #17 filed by Defendant Millennium Systems International, LLC. Motion set for hearing on 1/3/2022 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration of Jennifer Yencarelli, #2 Proposed Order) (Yencarelli, Jennifer) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant Millennium Systems International, LLC. Motion set for hearing on 1/3/2022 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration of Jennifer Yencarelli, #2 Request for Judicial Notice, #3 Proposed Order) (Yencarelli, Jennifer) |
| Filing 19 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION TO DISMISS OFF CALENDAR. In light of the filing of an amended complaint #17 , the motion to dismiss #12 , set for hearing on November 29, 2021, is taken off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 18 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Complaint #12 filed by Defendant Millennium Systems International, LLC. (Yencarelli, Jennifer) |
| Filing 17 FIRST AMENDED COMPLAINT against Defendant All Defendants amending Complaint - (Discovery),, filed by plaintiff South OC Clinic Development, Inc., Redondo Clinic Development, Inc., Culver Clinic Development, Inc., Marina Clinic Development, Inc., WMC Clinic Development, Inc., Santa Monica Clinic Development, Inc.(Ghilezan, Rares) |
| Filing 16 NOTICE of Appearance filed by attorney Rares Michael Ghilezan on behalf of Plaintiffs Culver Clinic Development, Inc., Marina Clinic Development, Inc., Redondo Clinic Development, Inc., Santa Monica Clinic Development, Inc., South OC Clinic Development, Inc., WMC Clinic Development, Inc. (Ghilezan, Rares) |
| Filing 15 NOTICE OF INTENT TO FILE FIRST AMENDED COMPLAINT IN LIEU OF OPPOSITION TO DEFENDANT'S MOTION TO DISMISS re: NOTICE OF MOTION AND MOTION to Dismiss Complaint #12 filed by Plaintiffs Culver Clinic Development, Inc., Marina Clinic Development, Inc., Redondo Clinic Development, Inc., Santa Monica Clinic Development, Inc., South OC Clinic Development, Inc., WMC Clinic Development, Inc.. (Ghilezan, Rares) |
| Filing 14 EXHIBIT Filed filed by Defendant Millennium Systems International, LLC. as to Notice of Removal (Attorney Civil Case Opening),,,,,,,,,,,, #1 , Order on Motion for Leave to File Document Under Seal #11 . (Yencarelli, Jennifer) |
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Filing 13
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 12/20/2021 at 11:00 AM before Judge Dale S. Fischer. (rfi)
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| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by Defendant Millennium Systems International, LLC. Motion set for hearing on 11/29/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration of Jennifer Yencarelli, #2 Request for Judicial Notice, #3 Proposed Order) (Yencarelli, Jennifer) |
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Filing 11
ORDER by Judge Dale S. Fischer Regarding Application to File Under Seal #9 . See Order for specifics. (jp)
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| Filing 10 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit TT to Notice of Removal under seal #9 filed by Defendant Millennium Systems International, LLC. (Attachments: #1 Unredacted Document)(Yencarelli, Jennifer) |
| Filing 9 APPLICATION to file document Exhibit TT to Notice of Removal under seal filed by Defendant Millennium Systems International, LLC. (Attachments: #1 Proposed Order, #2 Redacted Document)(Yencarelli, Jennifer) |
| Filing 8 Corporate Disclosure Statement and NOTICE of Interested Parties filed by Defendant Millennium Systems International, LLC, (Yencarelli, Jennifer) |
| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . 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. (ghap) |
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Filing 6
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi)
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| Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Gail J. Standish. (ghap) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Millennium Systems International, LLC, f/k/a Harms Software, Inc., d/b/a Millennium Systems, Inc.. (Yencarelli, Jennifer) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 21TRCV00131 Receipt No: ACACDC-32198541 - Fee: $402, filed by Defendant Millennium Systems International, LLC, f/k/a Harms Software, Inc., d/b/a Millennium Systems, Inc.. (Attachments: #1 Exhibit A Complaint, #2 Exhibit B Summons, #3 Exhibit C Civil Case Cover Sheet, #4 Exhibit D Notice of Case Assignment, #5 Exhibit E Order to Show Cause Hearing, #6 Exhibit F Notice of Case Management Conference, #7 Exhibit G Proof of Service of Summons, #8 Exhibit H Demurrer, #9 Exhibit I Motion to Strike, #10 Exhibit J Notice of Errata, #11 Exhibit K Request for Admissions to Plaintiff CCD, #12 Exhibit L Request for Admissions to Plaintiff WMC, #13 Exhibit M Request for Admissions to Plaintiff MCD, #14 Exhibit N Request for Admissions to Plaintiff RDC, #15 Exhibit O Request for Admissions to Plaintiff SMC, #16 Exhibit P Request for Admissions to Plaintiff OC, #17 Exhibit Q Plaintiff CCDs Request for Admissions Responses, #18 Exhibit R Plaintiff WMCs Request for Admissions Responses, #19 Exhibit S Plaintiff MCDs Request for Admissions Responses, #20 Exhibit T Plaintiff RCDs Request for Admissions Responses, #21 Exhibit U Plaintiff SMCs Request for Admissions Responses, #22 Exhibit V Plaintiff OCs Request for Admissions Responses, #23 Exhibit W Form Interrogatories to Plaintiff CCD, #24 Exhibit X Form Interrogatories to Plaintiff WMC, #25 Exhibit Y Form Interrogatories to Plaintiff MCD, #26 Exhibit Z Form Interrogatories to Plaintiff RDC, #27 Exhibit AA Form Interrogatories to Plaintiff SMC, #28 Exhibit BB Form Interrogatories to Plaintiff OC, #29 Exhibit CC Third-party business records subpoena issued to Massage Envy Franchising, LLC, #30 Exhibit DD Notice of Continuance of CMC, #31 Exhibit EE Plaintiff's CCD's Form Interrogatory Answers, #32 Exhibit FF Plaintiff WMC's Form Interrogatory Answers, #33 Exhibit GG Plaintiff MCD's Form Interrogatory Answers, #34 Exhibit HH Plaintiff RDC's Form Interrogatory Answers, #35 Exhibit II Plaintiff SMC's Form Interrogatory Answers, #36 Exhibit JJ Plaintiff OC's Form Interrogatory Answers, #37 Exhibit KK Request for Production to Plaintiff CCD, #38 Exhibit LL Request for Production to Plaintiff WMC, #39 Exhibit MM Request for Production to Plaintiff MCD, #40 Exhibit NN Request for Production to Plaintiff RDC, #41 Exhibit OO Request for Production to Plaintiff SMC, #42 Exhibit PP Request for Production to Plaintiff OC, #43 Exhibit QQ Proof of Service of Stipulation and Protective Order, #44 Exhibit RR Stipulation and Protective Order, #45 Exhibit SS Declaration of Jennifer Yencarelli, #46 Exhibit TT MECs subpoena response, #47 Exhibit UU M. Scudder Declaration, #48 Exhibit VV Plaintiff CCD's Request for Production to Defendant, #49 Exhibit WW Defendant's Case Management Statement) (Attorney Jennifer Nicole Yencarelli added to party Millennium Systems International, LLC, f/k/a Harms Software, Inc., d/b/a Millennium Systems, Inc. (pty:dft))(Yencarelli, Jennifer) |
| CONFORMED FILED COPY OF COMPLAINT against Defendant Millennium Systems International, LLC. Jury Demanded., filed by plaintiffs South OC Clinic Development, Inc., Redondo Clinic Development, Inc., Culver Clinic Development, Inc., Marina Clinic Development, Inc., WMC Clinic Development, Inc., Santa Monica Clinic Development, Inc. (FILED IN STATE COURT ON 2/24/2021 SUBMITTED ATTACHED EXHIBIT A) (ghap) Modified on 10/22/2021 (ghap). |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff South OC Clinic Development, Inc., Redondo Clinic Development, Inc., Culver Clinic Development, Inc., Marina Clinic Development, Inc., WMC Clinic Development, Inc., Santa Monica Clinic Development, Inc., upon Defendant Harms Software, Inc. d/b/a Millennium Systems Inc. served on 3/16/2021, answer due 4/6/2021. Service of the Summons and Complaint were executed upon Lucy Cusano (Controller) in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 3/29/2021 SUBMITTED ATTACHED EXHIBIT G) (ghap) |
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