Bryan Banman et al v. Sky Orthobiologics, LLC et al
| Bryan Banman, CTM Biomedical, LLC and Medical Assist, LLC |
| Skye Orthobiologics, LLC and Human Regenerative Technologies, LLC |
| 2:2021mc01018 |
| July 21, 2021 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| Dolly M Gee |
| Alicia G Rosenberg |
| Stephen V Wilson |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on July 21, 2021. A more recent docket listing may be available from PACER.
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| Filing 37 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Cory Louis Turner. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (esa) |
| Filing 36 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Alexander Pape Orlowski. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (esa) |
| Filing 35 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Harmony A. Mappes. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (esa) |
| Filing 34 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Alexandria Hanauer Pittman. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (esa) |
| Filing 33 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Adam Arceneaux. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (esa) |
| Filing 32 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:21-mc-00036 SEB-MJD, from Southern District of Indiana (Indianapolis). The above-referenced case has been transferred to this district and assigned the above civil case number 2:21-mc-01018 SVW (AGRx). (esa) |
| Filing 31 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Alicia G. Rosenberg. (esa) |
| Filing 30 ORIGINAL file, certified copy of transfer order and docket sheet received from Indiana Southern |
| Filing 29 Transfer Letter to Clerk of the Central District of California. Case transferred electronically to Central District of California, on July 16, 2021. (SWM) [Transferred from Indiana Southern on 7/21/2021.] |
Filing 28
ORDER REGARDING PLAINTIFFS' MOTION TO QUASH SUBPOENAS AND FOR A PROTECTIVE ORDER - This matter is before the Court on Plaintiffs' motion for a protective order and to quash two subpoenas served by Defendants Skye Orthobiologics, LLC and Human Regenerative Technologies, LLC on non-parties Medical Assist, LLC and Silenda Medical. [Dkt. 1] Both subpoenas relate to an action captioned Skye Orthobiologics, LLC, et al. v. CTM Biomedical, et al., Case No. 20-cv-3444 (DMG) (PVCx) that is currently pending in the United States District Court for the Central District of California. Id. These subpoenas are two of more than seventy-five non-party subpoenas served, presumably across the country, related to the California action. [Dkt. 2 at 5.] The Court is not convinced that this is the proper forum to address Plaintiffs' concerns regarding Defendants' non-party subpoenas or that Plaintiffs have established that they have standing to bring this challenge. At the heart of this matter is a dispute regarding the proper scope of both discovery and the entry of a protective order in the underlying case. Accordingly, the Clerk is directed to TRANSFER this matter to the United States District Court for the Central District of California to be assigned as related to the matter captioned Skye Orthobiologics, LLC, et al. v. CTM Biomedical, et al., Case No. 20-cv-3444 (DMG) (PVCx). In light of this order, the pending motions for admission pro hac vice filed on behalf of Matthew K. Parker and Robert J. Fluskey, Jr. [Dkts. #23 & #24 ] are DENIED AS MOOT, and the Clerk is directed to refund any fees paid that are associated with those motions. See Order for additional information. Copy to Finance Department. Signed by Magistrate Judge Mark J. Dinsmore on 7/16/2021. (SWM) [Transferred from Indiana Southern on 7/21/2021.]
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Filing 27
ORDER REGARDING NON-PARTY'S MOTION TO QUASH - This miscellaneous action was filed by Plaintiffs Bryan Banman and CTM Biomedial, LLC, seeking to quash two non-party subpoenas issued by Defendants Skye Orthobiologics, LLC, and Human Regenerative Technologies, LLC. The Plaintiffs and Defendants in this action are parties in a case pending in the United States District Court for the Central District of California entitled Skye Orthobiologics, LLC, et al. v. CTM Biomedical, et al., Case No. 20-cv- 3444 (DMG) (PVCx). One of the recipients of the subpoenas at issue in the Plaintiffs' motion to quash, Medical Assist, LLC, has filed its own motion to quash in this action. [Dkt. 26.] That was improper, inasmuch as Medical Assist, LLC, is not a party to this action. Rather, Medical Assist, LLC, should have opened a new miscellaneous action and filed its motion to quash in that action. Accordingly, the motion to quash [Dkt. #26 ] is DENIED, without prejudice to be refiled in a separate miscellaneous action initiated by Medical Assist, LLC. Signed by Magistrate Judge Mark J. Dinsmore on 7/16/2021. (SWM) [Transferred from Indiana Southern on 7/21/2021.]
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| Filing 26 MOTION to Quash and Motion for Protective Order, filed by Plaintiff MEDICAL ASSIST, LLC. (Attachments: #1 Exhibit A - 6-1-2021 letter to R. Saba, #2 Exhibit B - 6-11-2021 Letter to R. Saba, #3 Exhibit C - Email correspondence)(Mappes, Harmony) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 25 NOTICE of Appearance by Cory Louis Turner on behalf of Defendants HUMAN REGENERATIVE TECHNOLOGIES, LLC, SKYE ORTHOBIOLOGICS, LLC. (Turner, Cory) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 24 MOTION for Attorney(s) Robert J. Fluskey, Jr. to Appear pro hac vice (Filing fee $100, receipt number 0756-6637139), filed by Plaintiffs BRYAN BANMAN, CTM BIOMEDICAL, LLC. (Attachments: #1 Exhibit A - Certification of Robert J. Fluskey, Jr. in Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order)(Pittman, Alexandria) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 23 MOTION for Attorney(s) Matthew K. Parker to Appear pro hac vice (Filing fee $100, receipt number 0756-6637001), filed by Plaintiffs BRYAN BANMAN, CTM BIOMEDICAL, LLC. (Attachments: #1 Exhibit A - Certification of Matthew K. Parker in Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order)(Pittman, Alexandria) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 22 Corporate Disclosure Statement by HUMAN REGENERATIVE TECHNOLOGIES, LLC, SKYE ORTHOBIOLOGICS, LLC. (Saba, Ryan) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 21 MOTION for Leave to File a surreply, filed by Defendants HUMAN REGENERATIVE TECHNOLOGIES, LLC, SKYE ORTHOBIOLOGICS, LLC. (Attachments: #1 Surreply, #2 Text of Proposed Order)(Saba, Ryan) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 20 NOTICE of Appearance by Harmony A. Mappes on behalf of Plaintiff Medical Assist, LLC. (Mappes, Harmony) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 19 REPLY in Support of Motion re #1 MOTION to Quash Subpoenas and for a Protective Order, filed by Plaintiffs BRYAN BANMAN, CTM BIOMEDICAL, LLC. (Attachments: #1 Exhibit Reply Declaration of Bryan Banman, #2 Exhibit Reply Declaration of Robert Fluskey)(Arceneaux, Adam) [Transferred from Indiana Southern on 7/21/2021.] |
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Filing 18
ORDER granting #9 Motion to Appear pro hac vice. Attorney Ryan D. Saba for HUMAN REGENERATIVE TECHNOLOGIES, LLC and SKYE ORTHOBIOLOGICS, LLC added. If not already registered with the Court's Electronic Filing System, Ryan D. Saba is ordered to register within ten (10) days of the entry of this order. Copy to Ryan D. Saba via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 6/11/2021. (SWM) [Transferred from Indiana Southern on 7/21/2021.]
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| Filing 17 OBJECTION re [2-2] Declaration of Robert Fluskey by HUMAN REGENERATIVE TECHNOLOGIES, LLC, SKYE ORTHOBIOLOGICS, LLC. Related document: #2 Brief/Memorandum in Support filed by BRYAN BANMAN, CTM BIOMEDICAL, LLC.(Orlowski, Alexander) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 16 OBJECTION re [2-1] Declaration of Bryan Banman by HUMAN REGENERATIVE TECHNOLOGIES, LLC, SKYE ORTHOBIOLOGICS, LLC. Related document: #2 Brief/Memorandum in Support filed by BRYAN BANMAN, CTM BIOMEDICAL, LLC.(Orlowski, Alexander) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 15 APPENDIX re #12 Response in Opposition to Motion Attaching Exhibits to Opposition Brief by HUMAN REGENERATIVE TECHNOLOGIES, LLC, SKYE ORTHOBIOLOGICS, LLC. (Attachments: #1 Exhibit 1 - Second Amended Complaint, #2 Exhibit 2 - Silenda Medical Inc. IN Sec. of State Page, #3 Exhibit 3 - E-mail with Proposed Stipulation and Protective Order, #4 Exhibit 4 - June 1, 2021 Letter from Harmony Mappes, #5 Exhibit 5 - Silenda Medical's Objections to Subpoena, #6 Exhibit 6 - May 13, 2021 Meet and Confer Letter, #7 Exhibit 7 - May 19, 2021 Meet and Confer Letter, #8 Exhibit 8 - May 27, 2021 Meet and Confer Letter, #9 Exhibit 9 - CTM and Banman's Responses to Discovery, #10 Exhibit 10 - Novo Ortho Corp (Silenda) Representative Agreement, #11 Exhibit 11 - Medical Assist Representative Agreement)(Orlowski, Alexander) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 14 DECLARATION of Ryan D. Saba re #12 Response in Opposition to Motion by HUMAN REGENERATIVE TECHNOLOGIES, LLC, SKYE ORTHOBIOLOGICS, LLC. (Orlowski, Alexander) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 13 DECLARATION of Chris Sharp re #12 Response in Opposition to Motion by HUMAN REGENERATIVE TECHNOLOGIES, LLC, SKYE ORTHOBIOLOGICS, LLC. (Orlowski, Alexander) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 12 RESPONSE in Opposition re #1 MOTION to Quash , filed by Defendants HUMAN REGENERATIVE TECHNOLOGIES, LLC, SKYE ORTHOBIOLOGICS, LLC. (Orlowski, Alexander) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 11 Corporate Disclosure Statement by HUMAN REGENERATIVE TECHNOLOGIES, LLC, SKYE ORTHOBIOLOGICS, LLC identifying Corporate Parent Skye Holdings, LLC for HUMAN REGENERATIVE TECHNOLOGIES, LLC, SKYE ORTHOBIOLOGICS, LLC.. (Orlowski, Alexander) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 10 NOTICE of Appearance by Alexander Pape Orlowski on behalf of Defendants HUMAN REGENERATIVE TECHNOLOGIES, LLC, SKYE ORTHOBIOLOGICS, LLC. (Orlowski, Alexander) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 9 MOTION for Attorney(s) Ryan Saba to Appear pro hac vice (Filing fee $100.00, receipt number IP074326), filed by Defendants HUMAN REGENERATIVE TECHNOLOGIES, LLC, SKYE ORTHOBIOLOGICS, LLC. (Attachments: #1 Cover Letter, #2 Text of Proposed Order, #3 Envelope)(CKM) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 8 NOTICE of Appearance by Alexandria Hanauer Pittman on behalf of Plaintiffs BRYAN BANMAN, CTM BIOMEDICAL, LLC. (Pittman, Alexandria) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 7 NOTICE of Appearance by Adam Arceneaux on behalf of Plaintiffs BRYAN BANMAN, CTM BIOMEDICAL, LLC. (Arceneaux, Adam) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 6 NOTICE of Appearance by Adam Arceneaux on behalf of Plaintiffs BRYAN BANMAN, CTM BIOMEDICAL, LLC. (Arceneaux, Adam) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 5 DECLARATION of Plaintiffs in Support of Motion to Quash and for Protective Order re #1 Miscellanoue Case - Initiating Document by All Plaintiffs. (Arceneaux, Adam) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 4 Corporate Disclosure Statement by CTM Biomedical, LLC identifying Corporate Parent CTM Biomedical, LLC for CTM Biomedical, LLC.. (Arceneaux, Adam) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 3 NOTICE TO COUNSEL regarding Judge Assignment in Miscellaneous Case. Judge Sarah Evans Barker and Magistrate Judge Mark J. Dinsmore assigned. Please include the complete case number, 1:21-mc-00036-SEB-MJD, on all future filings in this matter. (TEXT-ENTRY: There is no pdf document associated with this entry.) (REO) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 2 BRIEF/MEMORANDUM in Support of Motion to Quash Subpoenas and for a Protective Order, re #1 Miscellanoue Case - Initiating Document, filed by Plaintiffs BRYAN BANMAN, CTM Biomedical, LLC. (Attachments: #1 Affidavit of Bryan Banman, #2 Affidavit of Robert Fluskey, #3 Exhibit 1 to Declaration of Robert Fluskey, #4 Exhibit 2 to Declaration of Robert Fluskey, #5 Exhibit 3 to Declaration of Robert Fluskey, #6 Exhibit 4 to Declaration of Robert Fluskey, #7 Exhibit 5 to Declaration of Robert Fluskey, #8 Exhibit 6 to Declaration of Robert Fluskey, #9 Exhibit 7 to Declaration of Robert Fluskey, #10 Exhibit 8 to Declaration of Robert Fluskey)(Arceneaux, Adam) [Transferred from Indiana Southern on 7/21/2021.] |
| Filing 1 Motion to Quash Subpoena, filed by All Plaintiffs. (Filing fee $49, receipt number 0756-6583949)(Arceneaux, Adam) Modified on 6/1/2021 (event) (DJH). [Transferred from Indiana Southern on 7/21/2021.] |
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