Intrivo Diagnostics, Inc. v. Access Bio, Inc. et al
| Intrivo Diagnostics, Inc. |
| Access Bio, Inc. and Does 1 through 10, inclusive |
| 2:2022cv00370 |
| January 19, 2022 |
| US District Court for the Central District of California |
| Steve Kim |
| Otis D Wright |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on March 8, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 36 FIRST AMENDED COMPLAINT against Defendant Access Bio, Inc. amending Complaint - (Discovery), filed by Plaintiff Intrivo Diagnostics, Inc.(Hueston, John) |
| Filing 35 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: RE Parties' Status Report [32}. As both parties request that the OSC hearing re preliminary injunction be taken off calendar as moot, the Court VACATES the OSC hearing and DENIES as moot the Application for Preliminary Injunction #17 . Intrivo also requests that the Court set a scheduling conference so that the parties may commence discovery. (Pl. Status Report 2.) The parties previously stipulated to permit Intrivo to file a First Amended Complaint by March 8, 2022, and Access Bio to answer or otherwise respond by April 1, 2022. Upon receipt of Access Bios Answer to the First Amended Complaint, the Court will set a Scheduling Conference at the earliest available date. (lc) |
| Filing 34 The zoom OSC re preliminary injunction set for March 1, 2022 at 1:30pm,, is hereby vacated and taken off calendar. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 33 STATUS REPORT IN ADVANCE OF MARCH 1, 2022 HEARING ON ORDER TO SHOW CAUSE filed by Plaintiff Intrivo Diagnostics, Inc.. (Hueston, John) |
| Filing 32 STATUS REPORT IN ADVANCE OF MARCH 1, 2022 HEARING ON ORDER TO SHOW CAUSE filed by Defendant Access Bio, Inc.. (Attachments: #1 Exhibit A)(Elihu, David) |
| Filing 31 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/14/2022 re Transcript #30 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (apr) TEXT ONLY ENTRY |
| Filing 30 TRANSCRIPT for proceedings held on 2/14/2022. Court Reporter/Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/16/2022. Redacted Transcript Deadline set for 3/28/2022. Release of Transcript Restriction set for 5/24/2022. (apr) |
Filing 29
ORDER GRANTING JOINT STIPULATION TO FILE FIRST AMENDED COMPLAINT AND EXTEND DEADLINE TO FILE RESPONSE #28 by Judge Otis D. Wright, II: 1. The deadline for Intrivo to file its First Amended Complaint shall be March 8, 2022. 2. The deadline for Access Bio to answer or otherwise respond to the First Amended Complaint shall be April 1, 2022. (lc)
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| Filing 28 STIPULATION for Extension of Time to Amend filed by Plaintiff Intrivo Diagnostics, Inc.. (Attachments: #1 Proposed Order re Joint Stipulation to File First Amended Complaint-Extend Deadline to File Response)(Hueston, John) |
| Filing 27 TRANSCRIPT ORDER as to Defendant Access Bio, Inc. for Court Reporter. Court will contact Ryan Comaduran at ryancomaduran@quinnemanuel.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Elihu, David) |
| Filing 26 MINUTES OF Order to Show Cause Hearing held before Judge Otis D. Wright, II. The Court continues this hearing until March 1, 2022 at 1:30 p.m. by zoom. Counsel can use the same link given for this hearing. Court Recorder: CourtSmart. (lom) |
| Filing 25 STIPULATION Extending Time to Answer the complaint as to Access Bio, Inc. answer now due 2/23/2022, filed by Defendant Access Bio, Inc..(Elihu, David) |
| Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney David M. Elihu counsel for Defendant Access Bio, Inc.. Adding Christopher Tayback as counsel of record for Access Bio Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Access Bio Inc.. (Elihu, David) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney David M. Elihu counsel for Defendant Access Bio, Inc.. Adding Michael Fazio as counsel of record for Access Bio Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Access Bio Inc.. (Elihu, David) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney David M. Elihu counsel for Defendant Access Bio, Inc.. Adding David M. Elihu as counsel of record for Access Bio Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Access Bio Inc.. (Attorney David M. Elihu added to party Access Bio, Inc.(pty:dft))(Elihu, David) |
| Filing 21 RESPONSE filed by Defendant Access Bio, Inc.to Order on Motion for Temporary Restraining Order,,, #13 (Attachments: #1 Supplemental Declaration of Jaiden Lee, #2 Declaration of Joo Hyoung Kim, #3 Declaration of Dr. Bryce Whited, #4 Declaration of Matthew R. Gershman)(Gershman, Matthew) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Intrivo Diagnostics, Inc., upon Defendant Access Bio, Inc. served on 1/26/2022, answer due 2/16/2022. Service of the Summons and Complaint were executed upon Access Bio, Inc. in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Hueston, John) |
| Filing 19 RESPONSE filed by Plaintiff Intrivo Diagnostics, Inc.to APPLICATION for Preliminary Injunction re Intrivo's Requested Relief in Ex Parte Application [Dkt. No. 9] #17 [Proposed] Order Granting Preliminary Injunction (Hueston, John) |
| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for Preliminary Injunction re Intrivo's Requested Relief in Ex Parte Application [Dkt. No. 9] #17 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Response. Proposed Document was not submitted as separate attachment. 1) pdf document is NOT an application, but a RESPONSE to the order to show cause. The "request" for preliminary injunction is in the last paragraph of the response. 2) Missing proposed order for filer's request for preliminary injunction which should have been submitted as a separate attachment. 3) Erroneous hearing set on Motion calendar, for the same date as the court's Order to show cause hearing. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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) |
| Filing 17 APPLICATION for Preliminary Injunction re Intrivo's Requested Relief in Ex Parte Application [Dkt. No. 9] filed by Plaintiff Intrivo Diagnostics, Inc.. Application set for hearing on 2/14/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration Reeve Benaron Supplemental Declaration, #2 Exhibit Ex. A to Benaron Suppl. Decl., #3 Exhibit Ex. B to Benaron Suppl. Decl., #4 Exhibit Ex. C to Benaron Suppl. Decl., #5 Exhibit Ex. D to Benaron Suppl. Decl., #6 Exhibit Ex. E to Benaron Suppl. Decl., #7 Exhibit Ex. F to Benaron Suppl. Decl., #8 Exhibit Ex. G to Benaron Suppl. Decl., #9 Exhibit Ex. H to Benaron Suppl. Decl., #10 Declaration Paul Joseph Declaration, #11 Exhibit Ex. A to Joseph Decl., #12 Exhibit Ex. B to Joseph Decl., #13 Declaration Matthew Held Declaration, #14 Exhibit Ex. A to Held Decl., #15 Exhibit Ex. B to Held Decl., #16 Exhibit Ex. C to Held Decl., #17 Declaration Dr. Michael Mina Declaration, #18 Exhibit Ex. A to Mina Decl., #19 Exhibit Ex. B to Mina Decl.) (Hueston, John) |
| Filing 16 21 DAY Summons Issued re Complaint - (Discovery) as to defendant Access Bio, Inc. (lc) |
| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Summons Request #14 . The following error(s) was/were found: Case number is incorrect or missing. Plaintiff continues to e-file documents with incomplete case number - Missing the Assigned Judge and Magistrate. Please be advised the Official case number is to read as: 2:22cv00370 ODW (SKx) (see Notice of Assignment docket no. 6). Since summons request is a clerk's process, clerk will assist this time only re missing initials and process summons by separate entry. Therefore NO Response to this notice is necessary. (lc) |
| Filing 14 Request for Clerk to Issue Summons on Complaint - (Discovery) filed by Plaintiff Intrivo Diagnostics, Inc.. (Hueston, John) |
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Filing 13
ORDER DENYING EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER #9 ; AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION by Judge Otis D. Wright, II The Court finds that Intrivo fails to meet the high burden of establishing that it is entitled to the extraordinary remedy of an emergency TRO. Accordingly, the Court DENIES Intrivo's application for a TRO. (ECF No. 9.) The Court believes that a more developed record may be beneficial, however, and therefore Orders the parties to Show Cause on February 14, 2022, at 1:30 p.m. via Zoom, why a preliminary injunction for Intrivo's requested relief should not issue. Intrivo may supplement its application for a preliminary injunction no later than January 28, 2022. Access Bio may supplement its Opposition no later than February 4, 2022. (lc) Modified on 1/24/2022 (lc).
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| Filing 12 OPPOSITION re: EX PARTE APPLICATION for Temporary Restraining Order as to TRO to enjoin Defendant from (1) manufacturing COVID tests for its own account until it fulfills Intrivos 53.6 million test minimum guarantee; and (2) conditioning their performance under the O #9 filed by Defendant Access Bio, Inc.. (Attachments: #1 Declaration of Jaiden Lee and Exhibits A-J)(Gershman, Matthew) |
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Filing 11
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. The Court's Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the United States District Court for the Central District of California to submit documents electronically to the Clerk's Office The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Court's Website and Judge's procedures for information as applicable. (lc)
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| Filing 10 NOTICE of Interested Parties filed by Plaintiff Intrivo Diagnostics, Inc., identifying Intrivo Holdings Corporation. (Hueston, John) |
| Filing 9 EX PARTE APPLICATION for Temporary Restraining Order as to TRO to enjoin Defendant from (1) manufacturing COVID tests for its own account until it fulfills Intrivos 53.6 million test minimum guarantee; and (2) conditioning their performance under the October 6, 2021 Term Sheet on Intrivo waiving rights or claims in connection therewith. filed by plaintiff Intrivo Diagnostics, Inc.. (Attachments: #1 Prop Order re OSC, #2 Prop Order re TRO, #3 Reeve Benaron Decl, #4 Ex 1 to Benaron Decl, #5 Ex 2 to Benaron Decl, #6 Ex 3 to Benaron Decl, #7 Ex 4 to Benaron Decl, #8 Ex 5 to Benaron Decl, #9 Ex 6 to Benaron Decl, #10 Ex 7 to Benaron Decl, #11 Ex 8 to Benaron Decl, #12 Ex 9 to Benaron Decl, #13 Ex 10 to Benaron Decl, #14 Ex 11 to Benaron Decl, #15 Ex 12 to Benaron Decl, #16 Ex 13 to Benaron Decl, #17 Ex 14 to Benaron Decl, #18 Ex 15 to Benaron Decl, #19 Ex 16 to Benaron Decl, #20 Ron Gutman Decl, #21 Ex 1 to Gutman Decl, #22 Ex 2 to Gutman Decl, #23 Ex 3 to Gutman Decl, #24 Ex 4 to Gutman Decl, #25 Ex 5 to Gutman Decl, #26 Ex 6 to Gutman Decl, #27 Ex 7 to Gutman Decl, #28 Ex 8 to Gutman Decl, #29 Ex 9 to Gutman Decl, #30 Ex 10 to Gutman Decl, #31 Craig Fligor Decl, #32 Ex A to Fligor Decl, #33 John Hueston Decl) (Hueston, John) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Steve Kim. (lh) |
| Filing 5 PROOF OF SERVICE filed by Defendant Access Bio, Inc., re Certificate/Notice of Interested Parties #3 , Notice of Removal (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 , Corporate Disclosure Statement #4 served on January 19, 2022. (Gershman, Matthew) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant Access Bio, Inc. (Gershman, Matthew) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Access Bio, Inc., identifying Intrivo Diagnostics, Inc.; Access Bio, Inc.; PharmGen Science, Inc.. (Gershman, Matthew) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Access Bio, Inc.. (Gershman, Matthew) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22STCV01975 with filing fee previously paid ($402.00 paid on 01/19/2022, receipt number ACACDC-32641175), filed by Defendant Access Bio, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Remainder of State Court File) (Attorney Matthew R Gershman added to party Access Bio, Inc.(pty:dft))(Gershman, Matthew) |
| NON-CONFORMED COPY OF COMPLAINT against Defendants Access Bio, Inc., Does. Jury Demanded, filed by Plaintiff Intrivo Diagnostics, Inc. (SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
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