Atze Akkerman et al v. United States of America et al
Plaintiff: Atze Akkerman, Evelyn Scogin, Dianna Loper Posthauer, Gary Simon, Rachel Small and Tony Buonfiglio
Defendant: United States of America, U.S. Food and Drug Administration, Robert Califf and Robert M. Califf
Case Number: 2:2022cv06653
Filed: September 16, 2022
Court: US District Court for the Central District of California
Presiding Judge: Rozella A Oliver
Referring Judge: Josephine L Staton
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 551 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 15, 2022 Filing 20 PROOF OF SERVICE Executed by Plaintiff Tony Buonfiglio, Dianna Loper Posthauer, Evelyn Scogin, Atze Akkerman, Gary Simon, Rachel Small, upon Defendant Robert M. Califf served on 10/26/2022, answer due 12/27/2022; U.S. Food and Drug Administration served on 10/26/2022, answer due 12/27/2022. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to U.S. Attorney's Office via Certified Mail as Requested. The Attorney Generals Office of the United States was NOT served. Executed upon the officer agency or corporation by delivering a copy to Robert Califf and the Food & Drug Administration via Certified Mail as Requested. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration attached. Registered or certified mail return receipt attached. (Attachments: #1 Affidavit of Due Diligence on FDA, #2 Affidavit of Due Diligence on Robert Califf, #3 Exhibit C - Service Upon Food & Drug Administration, #4 Exhibit D - Service Upon Robert Califf, #5 Exhibit E - Service Upon U.S. Attorney)(Arhangelsky, Peter)
November 15, 2022 Filing 19 PROOF OF SERVICE Executed by Plaintiff Tony Buonfiglio, Dianna Loper Posthauer, Evelyn Scogin, Atze Akkerman, Gary Simon, Rachel Small, upon Defendant United States of America served on 10/26/2022, answer due 12/27/2022. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to U.S. Attorney's Office via Certified Mail as Requested. Executed upon the Attorney Generals Office of the United States by delivering a copy to Attorney General's Office via Certified Mail as Requested. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration attached. Registered or certified mail return receipt attached. (Attachments: #1 Affidavit of Due Diligence, #2 Exhibit B - Service Upon Attorney General, #3 Exhibit C - Service Upon U.S. Attorney)(Arhangelsky, Peter)
October 19, 2022 Opinion or Order Filing 18 ORDER by Judge Josephine L. Staton granting #15 Non-Resident Attorney Jonathan W Emord APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Atze Akkerman, Tony Buonfiglio, Dianna Loper Posthauer, Evelyn Scogin, Gary Simon, Rachel Small, designating Kendrick L Moxon as local counsel. (jp)
October 17, 2022 Filing 17 INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (vv)
October 17, 2022 Filing 16 SUPPLEMENT to APPLICATION of Non-Resident Attorney Jonathan W. Emord to Appear Pro Hac Vice on behalf of Plaintiffs Atze Akkerman, Tony Buonfiglio, Dianna Loper Posthauer, Evelyn Scogin, Gary Simon, Rachel Small (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. A #15 filed by Plaintiffs Atze Akkerman, Tony Buonfiglio, Dianna Loper Posthauer, Evelyn Scogin, Gary Simon, Rachel Small. (Attachments: #1 Exhibit A, #2 Exhibit B)(Arhangelsky, Peter)
September 26, 2022 Filing 15 APPLICATION of Non-Resident Attorney Jonathan W. Emord to Appear Pro Hac Vice on behalf of Plaintiffs Atze Akkerman, Tony Buonfiglio, Dianna Loper Posthauer, Evelyn Scogin, Gary Simon, Rachel Small (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34047700) filed by Plaintiff Atze Akkerman, Tony Buonfiglio, Dianna Loper Posthauer, Evelyn Scogin, Gary Simon, Rachel Small. (Attachments: #1 Declaration of Jonathan W. Emord, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order) (Arhangelsky, Peter)
September 19, 2022 Filing 14 Plaintiffs' NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, identifying Kenneth Fleishman; Somatics, LLC; MECTA spECTrum; Atze Akkerman; Evelyn Scogin; Dianna Loper Posthauer; Gary Simone; Rachel Small, Tony Buonfiglio; U.S. Food and Drug Administration; Robert M. Califf. (Arhangelsky, Peter)
September 19, 2022 Filing 13 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (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)
September 19, 2022 Filing 12 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jonathan W Emord on behalf on Plaintiffs. 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. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap)
September 19, 2022 Filing 11 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Robert M. Califf. (ghap)
September 19, 2022 Filing 10 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant United States of America. (ghap)
September 19, 2022 Filing 9 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, #1 as to Defendant U.S. Food and Drug Administration. (ghap)
September 19, 2022 Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap)
September 19, 2022 Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
September 19, 2022 Filing 6 NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge Rozella A. Oliver. (ghap)
September 16, 2022 Filing 5 CIVIL COVER SHEET filed by Plaintiffs Atze Akkerman, Tony Buonfiglio, Dianna Loper-Posthauer, Evelyn Scogin, Gary Simon, Rachel Small. (Arhangelsky, Peter)
September 16, 2022 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiff Atze Akkerman, Tony Buonfiglio, Dianna Loper-Posthauer, Evelyn Scogin, Gary Simon, Rachel Small. (Arhangelsky, Peter)
September 16, 2022 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiff Atze Akkerman, Tony Buonfiglio, Dianna Loper-Posthauer, Evelyn Scogin, Gary Simon, Rachel Small. (Arhangelsky, Peter)
September 16, 2022 Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiff Atze Akkerman, Tony Buonfiglio, Dianna Loper-Posthauer, Evelyn Scogin, Gary Simon. (Arhangelsky, Peter)
September 16, 2022 Filing 1 COMPLAINT Receipt No: ACACDC-33998361 - Fee: $402, filed by Plaintiff Tony Buonfiglio, Dianna Loper-Posthauer, Evelyn Scogin, Atze Akkerman, Gary Simon, Rachel Small. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Attorney Peter A Arhangelsky added to party Atze Akkerman(pty:pla), Attorney Peter A Arhangelsky added to party Tony Buonfiglio(pty:pla), Attorney Peter A Arhangelsky added to party Dianna Loper-Posthauer(pty:pla), Attorney Peter A Arhangelsky added to party Evelyn Scogin(pty:pla), Attorney Peter A Arhangelsky added to party Gary Simon(pty:pla), Attorney Peter A Arhangelsky added to party Rachel Small(pty:pla))(Arhangelsky, Peter)

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Search for this case: Atze Akkerman et al v. United States of America et al
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Plaintiff: Atze Akkerman
Represented By: Peter A Arhangelsky
Represented By: Jonathan W. Emord
Represented By: Kendrick L Moxon
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Plaintiff: Evelyn Scogin
Represented By: Peter A Arhangelsky
Represented By: Kendrick L Moxon
Represented By: Jonathan W. Emord
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Plaintiff: Dianna Loper Posthauer
Represented By: Peter A Arhangelsky
Represented By: Jonathan W. Emord
Represented By: Kendrick L Moxon
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Plaintiff: Gary Simon
Represented By: Peter A Arhangelsky
Represented By: Kendrick L Moxon
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Plaintiff: Rachel Small
Represented By: Peter A Arhangelsky
Represented By: Kendrick L Moxon
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Plaintiff: Tony Buonfiglio
Represented By: Peter A Arhangelsky
Represented By: Jonathan W. Emord
Represented By: Kendrick L Moxon
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Defendant: United States of America
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Defendant: U.S. Food and Drug Administration
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Defendant: Robert Califf
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Defendant: Robert M. Califf
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