Better Nutritionals, LLC v. Goli Nutrition, Inc. et al
| Better Nutritionals, LLC |
| Goli Nutrition, Inc., Deepak Agarwal, Michael Bitensky, VMG Partners, VMG Partners V, L.P., VMG Partners IV, LP, Mercial, Inc., DLA Piper LLP (US), DLA Piper LLP US, Goli Nutrition, Inc., (a Canadian Corporation), Goli Nutrition Inc., (a Delaware Corporation), 12416913 Canada Inc. and Merical, LLC |
| 5:2022cv02219 |
| December 19, 2022 |
| US District Court for the Central District of California |
| Shashi H Kewalramani |
| Sunshine Suzanne Sykes |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 PROOF OF SERVICE Executed by Plaintiff Better Nutritionals, LLC, upon Defendant VMG Partners IV, LP served on 1/30/2023, answer due 2/21/2023; VMG Partners V, L.P. served on 1/30/2023, answer due 2/21/2023. Service of the Summons and Complaint were executed upon Nadia Bellamy, Intake Specialist of Registered Agent The Corporation Trust Company, in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Bagdanov, Jessica) |
| Filing 29 21 DAY Summons Issued re CORRECTED FIRST AMENDED COMPLAINT, #24 , as to Defendants 12416913 Canada Inc., Michael Bitensky, DLA Piper LLP US, Deepak Agarwal, Goli Nutrition Inc., (a Delaware Corporation), Goli Nutrition, Inc., (a Canadian Corporation), Merical, LLC, VMG Partners, VMG Partners IV, LP, VMG Partners V, L.P.. (shb) |
| Filing 28 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form,, #26 , Deficiency in Electronically Filed Documents (G-112A) - optional html form,, #27 by Judge Sunshine Suzanne Sykes. The documents are accepted. The Clerk shall review the Request for Issuance of Summons [Dkt. 25] and act accordingly. (iva) |
| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Summons Request #25 . The following error(s) was/were found: This request is premature as counsel did not seek leave of Court to file the Corrected First Amended Complaint 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. (shb) |
| Filing 26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Amended Complaint/Petition, #24 . The following error(s) was/were found: Counsel did not seek leave of Court to file the "Corrected First Amended Complaint." 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. (shb) |
| Filing 25 Request for Clerk to Issue Summons on Amended Complaint/Petition, #24 filed by Plaintiff Better Nutritionals, LLC. (Bagdanov, Jessica) |
| Filing 24 Corrected First AMENDED COMPLAINT against Defendants 12416913 Canada Inc., Michael Bitensky, DLA Piper LLP US, Deepak Agarwal, Goli Nutrition Inc., (a Delaware Corporation), Goli Nutrition, Inc., (a Canadian Corporation), VMG Partners, VMG Partners IV, LP, VMG Partners V, L.P., Merical, LLC amending Complaint (Attorney Civil Case Opening) #1 , Amended Complaint/Petition, #21 , filed by Plaintiff Better Nutritionals, LLC(Bagdanov, Jessica) |
| Filing 23 21 DAY Summons Issued re Firs Amended Complaint, #21 as toDefendants 12416913 Canada Inc., Michael Bitensky, DLA Piper LLP US, Deepak Agarwal, Goli Nutrition Inc., (a Delaware Corporation), Goli Nutrition, Inc., (a Canadian Corporation), Mercial, Inc., VMG Partners, VMG Partners IV, LP, VMG Partners V, L.P.. (shb) |
| Filing 22 Request for Clerk to Issue Summons on Amended Complaint/Petition, #21 filed by Plaintiff Better Nutritionals, LLC. (Bagdanov, Jessica) |
| Filing 21 First AMENDED COMPLAINT against Defendants Michael Bitensky, DLA Piper LLP US, Deepak Agarwal, Mercial, Inc., VMG Partners, VMG Partners IV, LP, VMG Partners V, L.P., Goli Nutrition, Inc., (a Canadian Corporation), Goli Nutrition Inc., (a Delaware Corporation), 12416913 Canada Inc. amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Better Nutritionals, LLC(Bagdanov, Jessica) |
Filing 20
(IN CHAMBERS) ORDER by Judge Sunshine S. Sykes: The Court has received the "Notice of Bankruptcy Case Filing" ("Notice") [Dkt. #9 ], which advises that on December 20, 2022, a bankruptcy case concerning the debtor Better Nutritionals, LLC was filed under Chapter 11 of the United States Bankruptcy Code. In view of that Notice, the Court hereby sets a Status Conference on Friday, March 24, 2023, at 1:00 p.m., via Zoom video conference. Plaintiff is DIRECTED to file a Status Report, no later than 12:00 noon on March 17, 2023, regarding the effect of the automatic stay on Plaintiff's claim(s) and providing the Court with Plaintiff's proposal for how this case should proceed. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Sykes' Procedures and Schedules page on the Court's website: http://www.cacd.uscourts.gov/honorable-sunshine-s-sykes. Please follow the instructions listed under "Zoom Webinar Information." IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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Filing 19
ORDER by Judge Sunshine Suzanne Sykes: GRANTING #13 , #14 Non-Resident Attorney Max Folkenflik APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, Better Nutritionals, LLC, designating Jessica Bagdanov as local counsel. (shb)
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| Filing 18 Corrected APPLICATION of Non-Resident Attorney Max Folkenflik to Appear Pro Hac Vice on behalf of Plaintiff Better Nutritionals, LLC (Pro Hac Vice Fee - $500.00 Previously Paid on 12/27/2022, Receipt No. 34532627) filed by Plaintiff Better Nutritionals, LLC. (Attachments: #1 Proposed Order) (Bagdanov, Jessica) |
| Filing 17 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Corrected APPLICATION of Non-Resident Attorney Max Folkenflik to Appear Pro Hac Vice on behalf of Plaintiff Better Nutritionals, LLC (Pro Hac Vice Fee - $500.00 Previously Paid on 12/27/2022, Receipt No. 34532627) #13 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. (lt) |
| Filing 16 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Michael Bitensky, DLA Piper LLP US, Deepak Agarwal, Goli Nutrition, Inc., Mercial, Inc., VMG Partners, VMG Partners IV, LP, VMG Partners V, L.P.. (shb) |
| Filing 15 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Better Nutritionals, LLC. (Bagdanov, Jessica) |
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Filing 14
CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva)
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| Filing 13 Corrected APPLICATION of Non-Resident Attorney Max Folkenflik to Appear Pro Hac Vice on behalf of Plaintiff Better Nutritionals, LLC (Pro Hac Vice Fee - $500.00 Previously Paid on 12/27/2022, Receipt No. 34532627) filed by Plaintiff Better Nutritionals, LLC. (Bagdanov, Jessica) |
| Filing 12 APPLICATION of Non-Resident Attorney Max Folkenflik to Appear Pro Hac Vice on behalf of Plaintiff Better Nutritionals, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34532627) filed by Plaintiff Better Nutritionals, LLC. (Attorney Jessica Lynn Bagdanov added to party Better Nutritionals, LLC(pty:pla)) (Bagdanov, Jessica) |
| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice (Other) #9 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Other Filings Notices - Select - Filing Bankruptcy (non-bankruptcy appeal). 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. (shb) |
| Filing 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice (Other) #8 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Other Filings Notices - Select - Certificate/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. (shb) |
| Filing 9 Notice of Bankruptcy Case Filing filed by plaintiff Better Nutritionals, LLC. (Libenson, Ross) |
| Filing 8 Notice of Interest Parties [L.R. 7.1-1] filed by plaintiff Better Nutritionals, LLC. (Attachments: #1 Exhibit revised verification of master mailing list of creditors)(Libenson, Ross) |
| Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Max Folkenflik. 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. (lh) |
| Filing 6 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 5 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 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 Sunshine Suzanne Sykes and Magistrate Judge Shashi H. Kewalramani. (lh) |
| Filing 1 COMPLAINT Receipt No: ACACDC-34496836 - Fee: $402, filed by plaintiff Better Nutritionals, LLC. (Attachments: #1 Civil Cover Sheet) (Attorney Ross L Libenson added to party Better Nutritionals, LLC(pty:pla))(Libenson, Ross) |
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