Synergy Hematology-Oncology Medical Associates, Inc. v. Abbott Laboratories, Inc.
| Synergy Hematology-Oncology Medical Associates, Inc. |
| Abbott Laboratories, Inc. and Does 1 to 10, inclusive |
| 2:2022cv01560 |
| March 8, 2022 |
| US District Court for the Central District of California |
| Sherilyn Peace Garnett |
| John E McDermott |
| John F Walter |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 51
MINUTE ORDER (IN CHAMBERS) ORDER RE DEFENDANT/COUNTERCLAIM PLAINTIFF ABBOTT LABORATORIES INC.'S MOTION TO COMPEL INSPECTION OF ARCHITECT CI4100 (Dkt. No. 48) by Magistrate Judge John E. McDermott: re: MOTION to Compel Inspection of Architect ci4100 MOTION for Inspection of Architect ci4100 #48 . The Court has reviewed Defendant Abbott Laboratories Inc.'s Motion To Compel Inspection Of Architect ci4100. (Dkt. 48) The Court finds this matter appropriate for resolution without oral argument and thus vacates the November 15, 2022 hearing date on the Motion. See F. R. Civ. P. 78(b); Local Rule 5-15. The matter has been taken under submission. Additionally, the Court advises the parties that this Court does not have the authority to modify the District Court's scheduling deadlines. (es)
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| Filing 50 [PLAINTIFF'S SUPPLEMENTAL MEMORANDUM OBJECTING TO DEFENDANT'S PURPORTED EXPERT DECLARATION RE MOTION TO COMPEL INSPECTION filed as] NOTICE OF MOTION AND MOTION to Supplement Motion to Compel Inspection, joint stipulation re MOTION to Compel Inspection of Architect ci4100 MOTION for Inspection of Architect ci4100 #48 Supplemental Memo. Objection filed by Plaintiff Synergy Hematology-Oncology Medical Associates, Inc.. Motion set for hearing on 11/15/2022 at 10:00 AM before Magistrate Judge John E. McDermott. (Flyer, David) Modified on 10/24/2022 (es). |
| Filing 49 SUPPLEMENT to MOTION to Compel Inspection of Architect ci4100 MOTION for Inspection of Architect ci4100 #48 filed by Defendant Abbott Laboratories, Inc., Counter Claimant Abbott Laboratories, Inc.. (Attachments: #1 Declaration Declaration of John Roche)(Sauter, Genevieve) |
| Filing 48 NOTICE OF MOTION AND MOTION to Compel Inspection of Architect ci4100 , MOTION for Inspection of Architect ci4100 filed by Defendant and Counterclaim Plaintiff Abbott Laboratories, Inc.. Motion set for hearing on 11/15/2022 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Joint Stipulation re Discovery Motion, #2 Declaration Declaration of Ms. Sauter, #3 Exhibit Exhibit 1 - 09-30-22 Email from Sauter to Flyer, #4 Exhibit Exhibit 2 (redacted) - 10-01-22 Letter from Flyer to Sauter, #5 Exhibit Exhibit 3 - 10-01-22 Letter from Sauter to Flyer, #6 Exhibit Exhibit 4 - 10-03-22 Letter from Flyer to Sauter, #7 Exhibit Exhibit 5 - 10-04-22 Letter from Sauter to Flyer, #8 Exhibit Exhibit 6 - [Dkt 25] Scheduling and Case Management Order, #9 Exhibit Exhibit 7 - [Dkt 1] Complaint, #10 Exhibit Exhibit 8 - [Dkt 15] - Answer and Affirmative Defenses, #11 Exhibit Exhibit 9 - [Dkt 22] - Answer to Counterclaim, #12 Exhibit Exhibit 10 - Abbott FRCP 34(a)(2) Request, #13 Declaration Declaration of Mr. Flyer, #14 Exhibit ExB_Synergy Objections to Demand for Entry, #15 Declaration Declaration of Mr. Spector, #16 Declaration ExA_Purchase_Contract, #17 Proposed Order)(Sauter, Genevieve) |
| Filing 47 STATUS REPORT (Joint Update) on Court Order [Doc 41] filed by Plaintiff Synergy Hematology-Oncology Medical Associates, Inc.. (Flyer, David) |
| Filing 46 MEDIATION REPORT Filed by Plaintiff Synergy Hematology-Oncology Medical Associates, Inc.: Mediation held on 09/20/2022. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Flyer, David) |
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Filing 45
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES (Dkt. Nos. 31) by Magistrate Judge John E. McDermott: Granting in part and Denying in part #31 Motion to Compel. [See Order for details.] (es)
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Filing 44
ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION by Magistrate Judge John E. McDermott: IT IS ORDERED that the foregoing Order Re: Discovery of Electronically Stored Information is approved. Granting #30 Motion to Compel Further Responses to Interrogatories. [See document for further information.] (es) Modified on 8/25/2022 (san).
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| Filing 43 STATUS REPORT (Joint) ON ESI PROTOCOL filed by Plaintiff Synergy Hematology-Oncology Medical Associates, Inc.. (Attachments: #1 Proposed Order)(Flyer, David) |
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Filing 42
STANDING ORDER upon filing of the complaint by Judge Sherilyn Peace Garnett. (pg)
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Filing 41
MINUTE ORDER (IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO DEMAND FOR PRODUCTIONS OF DOCUMENTS (Dkt. Nos. 30) by Magistrate Judge John E. McDermott: The Court ORDERS the parties to meet and confer and present the Court with a Joint Status Update on ESI Protocol with a proposed order for Plaintiff's suggested approach by August 25, 2022. As to Request No. 11, the Court generally agrees with Abbott's concerns with production of documents regarding "similar equipment." Thus, the Court ORDERS that Plaintiff may have 45 days to obtain through depositions information on any commonalities between the Equipment and similar equipment. The parties shall submit a Joint Status Update on Similar Equipment within 45 days as well. Again, the Court reminds the parties of their obligation to meet and confer under L. R. 37-1 to eliminate issues in dispute. re: MOTION to Compel Further Responses to Demand for Production of Documents #30 . See Order for further details. (es)
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Filing 40
MINUTES (IN CHAMBERS) ORDER DENYING DEFENDANT'S EX PARTE APPLICATION TO CONTINUE DATE TO COMPLETE MEDIATION #38 by Judge Sherilyn Peace Garnett. The Court DENIES Defendant's ex parte application. (iv)
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| Filing 39 MEMORANDUM in Opposition to EX PARTE APPLICATION to Continue Date to Complete Private Mediation from September 26, 2022 to September 30, 2022 #38 filed by Plaintiff Synergy Hematology-Oncology Medical Associates, Inc.. (Attachments: #1 Declaration of David R. Flyer, #2 Exhibit 1 - Defendant's 7/20/22 K-1 & 2021 Notice of Annual Meeting)(Flyer, David) |
| Filing 38 EX PARTE APPLICATION to Continue Date to Complete Private Mediation from September 26, 2022 to September 30, 2022 filed by Defendant and Counterclaim Plaintiff Abbott Laboratories, Inc.. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit, #4 Proposed Order) (Sauter, Genevieve) |
| Filing 37 SUPPLEMENT to MOTION to Compel Further Responses to Demand for Production of Documents #30 Supplemental Memorandum ISO Joint Stipulation Re Discovery Dispute: Plaintiffs MTC Further Response to Document Requests filed by Defendant Abbott Laboratories, Inc., Counter Claimant Abbott Laboratories, Inc.. (Sauter, Genevieve) |
| Filing 36 SCHEDULING NOTICE TEXT ONLY ENTRY (In Chambers) by Magistrate Judge John E. McDermott. The hearings on plaintiffs Motion to Compel Further Responses to Demand for Production of Documents (ECF No. 30) and plaintiffs Motion to Compel Further Responses to Interrogatories (ECF No. 31), both scheduled for September 13, 2022, at 10:00 a.m., are hereby VACATED and taken off calendar. No appearances are necessary. The matters stand submitted, and will be decided without oral argument. Rulings will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ch) TEXT ONLY ENTRY |
| Filing 35 MEMORANDUM in Support of MOTION to Compel Further Responses to Demand for Production of Documents #30 (Supplemental Points and Authorities) filed by Plaintiff Synergy Hematology-Oncology Medical Associates, Inc.. (Flyer, David) |
| Filing 34 NOTICE OF LODGING filed re MOTION to Compel Further Responses to Demand for Production of Documents #30 (Attachments: #1 Proposed Order)(Sauter, Genevieve) |
| Filing 33 EXHIBIT Filed filed by Defendant Abbott Laboratories, Inc., Counter Claimant Abbott Laboratories, Inc.. Corrected Exhibit 1 to Sauter Declaration as to MOTION to Compel Further Responses to Demand for Production of Documents #30 . (Sauter, Genevieve) |
| Filing 32 NOTICE OF ERRATA filed by Defendant Abbott Laboratories, Inc., Counter Claimant Abbott Laboratories, Inc.. correcting MOTION to Compel Further Responses to Demand for Production of Documents #30 (Sauter, Genevieve) |
| Filing 31 NOTICE OF MOTION AND MOTION to Compel Further Responses to Interrogatories filed by plaintiff Synergy Hematology-Oncology Medical Associates, Inc.. Motion set for hearing on 9/13/2022 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Memorandum Joint Stipulation re Discovery Dispute: Plantiff's Motion to Compel Further Response to Interrogatories, #2 Declaration of David R. Flyer, #3 Exhibit A - Plaintiffs Special Interroatories, #4 Exhibit B - Defendant's Objections/Responses to Interrogatories, #5 Exhibit C - Plaintiff's Meet & Confer Letter, #6 Exhibit D - Defendant's Response to Meet & Confer letter, #7 Exhibit F - Defendant's Initial Disclosures pgs 1,6,7, #8 Proposed Order)(Flyer, David) Modified on 8/25/2022 (san). |
| Filing 30 NOTICE OF MOTION AND MOTION to Compel Further Responses to Demand for Production of Documents filed by plaintiff Synergy Hematology-Oncology Medical Associates, Inc.. Motion set for hearing on 9/13/2022 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Memorandum Joint Stipulation re Discovery Dispute: Plaintiff's Motion to Compel Further Resposne to Document Request, #2 Declaration of David R. Flyer, #3 Exhibit A - Request for Documents, #4 Exhibit B - Responses/Objections to Request for Documents, #5 Exhibit C - Meet and confer letter, #6 Exhibit D - Response to Meet and confer letter, #7 Exhibit E - Plaintiff's response to Exhibit D letter, #8 Exhibit F - Proposed Stip for Protective Order, #9 Exhibit G - Proposed Stipulated Order re Discovery of Elecronically Stored Info, #10 Exhibit H - Defendant's Initial Disclosure pgs 1,6,7, #11 Declaration of Genevieve M. Sauter, #12 Exhibit 1 to Declaration of Genevieve M. Sauter, #13 Proposed Order)(Flyer, David) |
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Filing 29
STIPULATED PROTECTIVE ORDER by Magistrate Judge John E. McDermott re Stipulation for Protective Order #28 . See Order for details. (es)
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| Filing 28 Joint STIPULATION for Protective Order filed by plaintiff Synergy Hematology-Oncology Medical Associates, Inc..(Flyer, David) |
| Filing 27 NOTICE of Change of Attorney Business or Contact Information: for attorney Genevieve M. Sauter counsel for Defendant Abbott Laboratories, Inc., Counter Claimant Abbott Laboratories, Inc.. Changing e-mail to gsauter@noonanlance.com. Filed by Defendant Abbott Laboratories, Inc., Counter Claimant Abbott Laboratories, Inc.. (Sauter, Genevieve) |
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Filing 26
ORDER OF THE CHIEF JUDGE (#22-147) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Sherilyn Peace Garnett, this case is transferred from Judge John F. Walter to the calendar of Judge Sherilyn Peace Garnett for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-01560-SPG-JEMx. (aco)
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Filing 25
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter.The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 3/10/2023 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 3/17/2023 at 8:00 AM. Jury Trial set for 3/28/2023 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 24
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on June 27, 2022 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time.The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation).The ADR proceeding is to be completed no later than: September 26, 2022. The Joint Report re: Results of Settlement Conference due on: September 29, 2022. (iv)
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| Filing 23 JOINT REPORT of Compliance with Court Minute Order at Doc 19 filed by Plaintiff Synergy Hematology-Oncology Medical Associates, Inc.. (Flyer, David) |
| Filing 22 ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim #15 with JURY DEMAND filed by Counterclaim Defendant Synergy Hematology-Oncology Medical Associates, Inc..(Flyer, David) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Synergy Hematology-Oncology Medical Associates, Inc. (Flyer, David) |
| Filing 20 NOTICE of Scheduling Conference filed by plaintiff Synergy Hematology-Oncology Medical Associates, Inc.. (Flyer, David) |
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Filing 19
COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for June 27, 2022 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before June 13, 2022. The title page of the Joint Report must state the date and time of the Scheduling Conference. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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| Filing 18 CORPORATE DISCLOSURE STATEMENT filed by Defendant Abbott Laboratories, Inc., Counter Claimant Abbott Laboratories, Inc. (Noonan, David) |
| Filing 17 DECLARATION of David J. Noonan, Esq. Lead Trial Counsel filed by Defendant Abbott Laboratories, Inc., Counter Claimant Abbott Laboratories, Inc.. (Noonan, David) |
| Filing 16 CERTIFICATE of Interested Parties filed by Defendant and Counterclaim Plaintiff Abbott Laboratories, Inc., identifying Abbott Laboratories Inc.; Abbott Laboratories, an Illinois corporation; and Synergy Hematology-Oncology Medical Associates, Inc.. (Noonan, David) |
| Filing 15 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND Affirmative Defenses, First COUNTERCLAIM against Abbott Laboratories, Inc. filed by Defendant and Counterclaim Plaintiff Abbott Laboratories, Inc..(Noonan, David) |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney David J Noonan counsel for Defendant Abbott Laboratories, Inc.. Adding Genevieve M. Ruch, Esq. as counsel of record for Abbott Laboratories Inc. for the reason indicated in the G-123 Notice. Filed by Defendant and Counterclaim Plaintiff Abbott Laboratories Inc.. (Noonan, David) |
| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney David J Noonan counsel for Defendant Abbott Laboratories, Inc.. Adding David J. Noonan, Esq. as counsel of record for Abbott Laboratories Inc. for the reason indicated in the G-123 Notice. Filed by Defendant and Counterclaim Plaintiff Abbott Laboratories Inc.. (Attorney David J Noonan added to party Abbott Laboratories, Inc.(pty:dft))(Noonan, David) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by plaintiff Synergy Hematology-Oncology Medical Associates, Inc.. upon Abbott Laboratories, Inc. waiver sent by Plaintiff on 3/10/2022, answer due 5/9/2022. Waiver of Service signed by Genevieve M. Ruch, Esq.. (Flyer, David) |
| Filing 11 DECLARATION of Lead Trial Counsel filed by Plaintiff Synergy Hematology-Oncology Medical Associates, Inc.. (Flyer, David) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Abbott Laboratories, Inc. (iv) |
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Filing 9
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (aco)
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| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Synergy Hematology-Oncology Medical Associates, Inc.. (Flyer, David) |
| Filing 7 CERTIFICATE of Interested Parties filed by Plaintiff Synergy Hematology-Oncology Medical Associates, Inc., (Flyer, David) |
| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening. 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. (lh) |
| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . 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. 1. Each document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (lh) |
| Filing 4 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 2 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge John E. McDermott. (lh) |
| Filing 1 COMPLAINT Receipt No: ACACDC-32914420 - Fee: $402, filed by plaintiff Synergy Hematology-Oncology Medical Associates, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A) (Attorney David R Flyer added to party Synergy Hematology-Oncology Medical Associates, Inc.(pty:pla))(Flyer, David) |
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