Rebecca Stevenson v. Apyx Medical Corporation et al
| Rebecca Stevenson |
| Apyx Medical Corporation, Bovie Medical Corporation, a Foreign for Profit corporation, Robert Gershon, Stephanie Van Skike, Megan Mescher, Todd Hornsby, Shawn Roman, Jeff Rencher, Brian Hwang, M.D., William Rahal, M.D., Bree Callahom, Elise Vintigni, Kassie Eliis, Soma Surgery Center, Doe CEO, Doe Regional Sales Manager, William Rahal, M.D. as Director of Beverly Hills Aesthetic Corp doing business as Verona Platic Surgery, a Domestic Corporation, Beverly Hills Aesthetic Corp doing business as Verona Platic Surgery, a Domestic Corporation, Doe Sales Representative, Doe Regional Manager, Doe Manufactures Employee, Does I through X, Roe Distributor, Roe Manufactures, Roe Retailer, Roe Wholesaler, Roe Corporations and Roe Entities |
| 2:2023cv06770 |
| August 17, 2023 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Steve Kim |
| Mark C Scarsi |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1446 pl Notice of Removal - Product Liability |
| Both |
Docket Report
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This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 38 Receipt of Remand by Los Angeles County Superior Court, Santa Monica on 10/9/2023 (lc) |
| Filing 37 TRANSMITTAL of documents to LOS ANGELES COUNTY SUPERIOR COURT. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to LOS ANGELES COUNTY SUPERIOR COURT, SANTA MONICA NO.23SMCV02412. (lc) |
| Filing 36 FOR COURT USE ONLY- STATISTICAL CORRECTION Denying Motions to Dismiss Re Minutes in chambers docket no 35 re Motions #23 , #24 , #25 (Due to CM- ECF issue in not able to handle Multiple motions rulings. (lc) |
| Filing 35 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE MOTIONS TO REMAND AND MOTIONS TO DISMISS #18 , #19 , #20 , #21 , #22 , #23 , #24 , #25 The Court grants the motion to remand. The Court denies the motions to dismiss without prejudice to renewal in state court. The Court remands the case to the Los Angeles County Superior Court, Santa Monica Courthouse, 1725 Main Street, Santa Monica, California 90401, No. 23SMCV02412. The Court directs the Clerk to effect the remand immediately and close the case. (Made JS-6. Case Terminated.) (lc) Modified on 9/29/2023 (lc). |
| Filing 34 Notice and CERTIFICATE of Interested Parties filed by Defendant Stephanie Van Skike, (Wilner, Melissa) |
| Filing 33 Notice and CERTIFICATE of Interested Parties filed by Defendant Shawn Roman, (Wilner, Melissa) |
| Filing 32 Notice and CERTIFICATE of Interested Parties filed by Defendant Jeff Rencher, (Wilner, Melissa) |
| Filing 31 Notice and CERTIFICATE of Interested Parties filed by Defendant Megan Mescher, (Wilner, Melissa) |
| Filing 30 Notice and CERTIFICATE of Interested Parties filed by Defendant Todd Hornsby, (Wilner, Melissa) |
| Filing 29 Notice and CERTIFICATE of Interested Parties filed by Defendant Robert Gershon, (Wilner, Melissa) |
| Filing 28 Opposition in opposition to re: NOTICE OF MOTION AND MOTION to Remand Case to California #18 filed by Defendant Apyx Medical Corporation. (Attachments: #1 Declaration of Stephanie Van Skike)(Wilner, Melissa) |
| Filing 27 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: NOTICE OF MOTION AND MOTION to Dismiss Case #23 , NOTICE OF MOTION AND MOTION to Dismiss Case #25 , NOTICE OF MOTION AND MOTION to Dismiss Case #19 , NOTICE OF MOTION AND MOTION to Dismiss Case #22 , NOTICE OF MOTION AND MOTION to Dismiss Case #24 , NOTICE OF MOTION AND MOTION to Dismiss Case #21 , NOTICE OF MOTION AND MOTION to Dismiss Case #20 by Judge Mark C. Scarsi. A notice of interested parties shall be filed no later than 5 days from entry of this Order. (smo) |
| Filing 26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Defendants Hornsby, Rencher, Apyx Medical Corporation, Mescher, Roman and Gerson and Van Skike NOTICE OF MOTION AND MOTION to Dismiss Case #19 , NOTICE OF MOTION AND MOTION to Dismiss Case #20 , NOTICE OF MOTION AND MOTION to Dismiss Case #21 , NOTICE OF MOTION AND MOTION to Dismiss Case #22 , NOTICE OF MOTION AND MOTION to Dismiss Case #23 , NOTICE OF MOTION AND MOTION to Dismiss Case #24 , NOTICE OF MOTION AND MOTION to Dismiss Case #25 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. 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 25 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Stephanie Van Skike. Motion set for hearing on 10/23/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration Melissa P. Wilner, #2 Proposed Order Proposed Order) (Attorney Melissa Paulette Wilner added to party Stephanie Van Skike(pty:dft)) (Wilner, Melissa) |
| Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Robert Gershon. Motion set for hearing on 10/23/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration Melissa P. Wilner, #2 Declaration Robert Gershon, #3 Proposed Order Proposed Order) (Attorney Melissa Paulette Wilner added to party Robert Gershon(pty:dft)) (Wilner, Melissa) |
| Filing 23 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Shawn Roman. Motion set for hearing on 10/23/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration Melissa P. Wilner, #2 Declaration Shawn Roman, #3 Proposed Order Proposed Order) (Attorney Melissa Paulette Wilner added to party Shawn Roman(pty:dft)) (Wilner, Melissa) |
| Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Megan Mescher. Motion set for hearing on 10/23/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration Melissa P. Wilner, #2 Declaration Megan Mescher, #3 Proposed Order Proposed Order) (Attorney Melissa Paulette Wilner added to party Megan Mescher(pty:dft)) (Wilner, Melissa) |
| Filing 21 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Apyx Medical Corporation. Motion set for hearing on 10/23/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration Melissa P. Wilner, #2 Proposed Order Proposed Order) (Wilner, Melissa) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Jeff Rencher. Motion set for hearing on 10/23/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration Melissa P Wilner, #2 Declaration Jeff Rencher, #3 Proposed Order Proposed Order) (Attorney Melissa Paulette Wilner added to party Jeff Rencher(pty:dft)) (Wilner, Melissa) |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Todd Hornsby. Motion set for hearing on 10/23/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration Melissa P. Wilner, #2 Declaration Todd Hornsby, #3 Proposed Order Proposed Order) (Attorney Melissa Paulette Wilner added to party Todd Hornsby(pty:dft)) (Wilner, Melissa) |
| Filing 18 NOTICE OF MOTION AND MOTION to Remand Case to California filed by Plaintiff Rebecca Stevenson. Motion set for hearing on 10/16/2023 at 09:00 AM before Judge Mark C. Scarsi. (Duritza, Sandra) |
| Filing 17 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: MOTION TO REMAND #15 . Plaintiff Rebecca Stevenson moves to remand this case to state court. The Court deems the motion appropriate for decision without oral argument. The motion is denied for failure to comply with several local rules governing motion practice. (SEE DOCUMENT FOR SPECIFICS). The motion is denied without prejudice to renewal. If Plaintiff elects to refile her motion and a prefiling conference has not yet taken place, in the interest of justice, the Court authorizes Plaintiff to forego the seven-day waiting period prescribed by Local Rule 7-3.1. (lc) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Remand Case to California #15 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. Case number missing identifying Judge and Magistrate initials. Case should read as 2:23-cv-06770-MCS-SKx Missing LR 6.1 formal Notice of Motion TEXT re hearing date, time, Judge and courtroom, designated Courthouse and its Street Location information. Refer to Court's website re Judge Scarsi's motion calendar dates and other information. Other error(s) with document(s): Filer indicates on page 2 why there is no hearing..." This Motion is based upon the following Memorandum of Points & Authorities, and any oral argument this Court may wish to entertain at the hearing of this Motion".. 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 15 NOTICE OF MOTION AND MOTION to Remand Case to California filed by Plaintiff Rebecca Stevenson. (Duritza, Sandra) |
Filing 14
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi:ORDER RE STIPULATIONS #11 , #12 . Neither complies with Initial Standing Order 4, but the Court considers both on their merits. Both invoke Local Rule 8-3, which authorizes parties to stipulate without leave of court to an extension of 30 days or fewer to respond to an initial complaint, Notwithstanding, in the interest of judicial economy, both stipulations are granted to the extent leave of the Court is necessary. The Apyx Defendants shall respond to the Complaint by September 22, 2023, and Dr. Mahal et al. shall respond to the Complaint by October 2, 2023. No further extensions will be granted absent an extraordinary showing of cause presented in a stipulation or application complying with Initial Standing Order 4. (lc)
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| Filing 13 Defendants NOTICE of Interested Parties filed by Defendants Beverly Hills Aesthetic Corp, Bree Callahom, Kassie Eliis, William Rahal, M.D.(as Director of Beverly Hills Aesthetic Corp), Elise Vintigni, identifying WILLIAM RAHAL, M.D.; BEVERLY HILLS AESTHETIC CORP., dba VERONA PLASTIC SURGERY; BREE CALLAHOM, ELISE VINTIGNI; KASSIE ELLIS. (Attorney Christopher P Wend added to party Bree Callahom(pty:dft), Attorney Christopher P Wend added to party Kassie Eliis(pty:dft), Attorney Christopher P Wend added to party William Rahal, M.D.(pty:dft), Attorney Christopher P Wend added to party Elise Vintigni(pty:dft))(Wend, Christopher) |
| Filing 12 First STIPULATION for Extension of Time to File Answer to October 2, 2023 filed by Defendant Beverly Hills Aesthetic Corp. (Attachments: #1 Proposed Order Stipulation to Extend Time to Respond to Plt Complaint)(Attorney Christopher P Wend added to party Beverly Hills Aesthetic Corp(pty:dft))(Wend, Christopher) |
| Filing 11 Joint STIPULATION Extending Time to Answer the complaint as to Apyx Medical Corporation answer now due 9/22/2023, filed by Defendant Apyx Medical Corporation. (Attachments: #1 Proposed Order)(Wilner, Melissa) |
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Filing 10
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| Filing 9 AMENDED DOCUMENT filed by Defendant Apyx Medical Corporation. Amendment to Notice of Removal (Attorney Civil Case Opening), #1 (Attachments: #1 Exhibit A, #2 Exhibit B)(Wilner, Melissa) |
| 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 Mark C. Scarsi and Magistrate Judge Steve Kim. (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Rebecca Stevenson, upon Defendant Elise Vintigni served on 7/17/2023, answer due 8/7/2023 in compliance with California Code of Civil Procedure by personal service. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/20/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Rebecca Stevenson, upon Defendant Jeff Rencher served on 7/13/2023, answer due 8/3/2023 in compliance with California Code of Civil Procedure by personal service. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/20/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Rebecca Stevenson, upon Defendant Bree Callahom served on 7/17/2023, answer due 8/7/2023. Service of the Summons and Complaint were executed upon Defendants in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/20/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Rebecca Stevenson, upon Defendant Apyx Medical Corporation served on 7/17/2023, answer due 8/7/2023. Service of the Summons and Complaint were executed upon Amy Cascio, HR Manager in compliance with California Code of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/20/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Apyx Medical Corporation, Beverly Hills Aesthetic Corp, Bree Callahom, Doe CEO, Doe Manufactures Employee, Doe Regional Manager, Doe Regional Sales Manager, Doe Sales Representative, Does, Kassie Eliis, Robert Gershon, Todd Hornsby, Brian Hwang, M.D., Megan Mescher, William Rahal, M.D.(as Director of Beverly Hills Aesthetic Corp), William Rahal, M.D.(individually), Jeff Rencher, Roe Corporations, Roe Distributor, Roe Entities, Roe Manufactures, Roe Retailer, Roe Wholesaler, Shawn Roman, Soma Surgery Center, Stephanie Van Skike, Elise Vintigni. Jury Demanded., filed by Plaintiffs Rebecca Stevenson. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 6/1/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Rebecca Stevenson, upon Defendant Kassie Eliis served on 7/17/2023, answer due 8/7/2023. Service of the Summons and Complaint were executed upon Elis Vintigni, Person in Charge in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/20/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Rebecca Stevenson, upon Defendant Beverly Hills Aesthetic Corp served on 7/17/2023, answer due 8/7/2023. Service of the Summons and Complaint were executed upon Daniela G., Person in Charge in compliance with California Code of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/20/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Rebecca Stevenson, upon Defendant Stephanie Van Skike served on 7/17/2023, answer due 8/7/2023. Service of the Summons and Complaint were executed upon Amy Cascio, HR Manager in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/20/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Rebecca Stevenson, upon Defendant Soma Surgery Center served on 7/17/2023, answer due 8/7/2023. Service of the Summons and Complaint were executed upon Daniela G., Person in Charge in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/20/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 )(lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Rebecca Stevenson, upon Defendant Brian Hwang, M.D. served on 7/21/2023, answer due 8/11/2023. Service of the Summons and Complaint were executed upon Maribel G., Receptionist in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/25/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE SUMMONS Executed by Plaintiff Rebecca Stevenson, upon Defendant William Rahal, M.D.(as Director of Beverly Hills Aesthetic Corp) served on 7/17/2023, answer due 8/7/2023. Service of the Summons and Complaint were executed upon Elis Vintigni, Person in Charge in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/20/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Rebecca Stevenson, upon Defendant Service of the Summons and Complaint were executed upon Elis Vintigni, Person in Charge in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/20/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| CONFORMED FILED COPY OF PROOF OF SERVICE SUMMONS Executed by Plaintiff Rebecca Stevenson, upon Defendant Todd Hornsby served on 7/17/2023, answer due 8/7/2023. Service of the Summons and Complaint were executed upon Amy Cascio, HR Manager in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 7/20/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 5 JOINDER filed by Defendant Jeff Rencher joining in Notice of Removal (Attorney Civil Case Opening), #1 . (Wilner, Melissa) |
| Filing 4 CERTIFICATE of Interested Parties filed by Defendant Apyx Medical Corporation, (Wilner, Melissa) |
| Filing 3 NOTICE of Related Case(s) filed by Defendant Apyx Medical Corporation. (Wilner, Melissa) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Apyx Medical Corporation. (Wilner, Melissa) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 23SMCV02412 Receipt No: ACACDC-35877724 - Fee: $402, filed by Defendant Apyx Medical Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B) (Attorney Melissa Paulette Wilner added to party Apyx Medical Corporation(pty:dft))(Wilner, Melissa) |
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