Joseph Mier v. CVS Pharmacy, Inc. et al
| JOSEPH MIER |
| CVS Health, Does 1 to 100, inclusive and CVS Pharmacy, Inc. |
| VI-JON, LLC |
| 8:2020cv01979 |
| October 13, 2020 |
| US District Court for the Central District of California |
| David O Carter |
| Autumn D Spaeth |
| Other Fraud |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on January 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Thiago Merlini Coelho counsel for Plaintiff Joseph Mier. Adding Cinela Aziz as counsel of record for Plaintiff Joseph Mier, and the putative class for the reason indicated in the G-123 Notice. Filed by plaintiff Joseph Mier. (Coelho, Thiago) |
| Filing 27 Notice of Electronic Filing re Order on Motion to Intervene, #25 , Text Only Scheduling Notice 24 , Report #26 , Text Only Scheduling Notice, 23 e-mailed to Cinela Aziz at caziz@wilshirelawfirm.com bounced due to 5.1.0 - Unknown address. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY |
Filing 30
ORDER/REFERRAL to ADR Procedure No 3 by Judge David O. Carter. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. (bm)
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Filing 29
SCHEDULING ORDER AND ORDER RE: PRETRIAL AND TRIAL PROCEDURES by Judge David O. Carter ( Fact Discovery cut-off 9/7/2021., Motions due by 11/15/2021., Final Pretrial Conference set for 12/13/2021 at 08:30 AM before Judge David O. Carter., Jury Trial set for 1/25/2022 at 08:30 AM before Judge David O. Carter.) The Court adopts the dates as listed in the Joint Case Schedule filed on December 1, 2020 #26 . (twdb)
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| Filing 28 MINUTES OF Scheduling Conference (Held and Completed) before Judge David O. Carter. The Court's Scheduling Order will issue. Court Reporter: Not Present. (twdb) |
| Filing 26 JOINT Case Schedule REPORT filed by Plaintiff Joseph Mier. (Coelho, Thiago) |
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Filing 25
ORDER GRANTING VI-JON, LLC'S MOTION TO INTERVENE #12 by Judge David O. Carter. The Court, having reviewed the parties' briefs and written submissions, hereby GRANTS the motion pursuant to Fed. R. Civ. Pro. 24(a). Vi-Jon, LLC claims an interest in the property that is the subject of thisaction and adjudication of the parties' claims in Vi-Jon, LLCs absence will impair or impede its ability to protect that interest. (et)
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| Filing 24 SCHEDULING NOTICE by Judge David O. Carter. The Court GRANTS the Motion to Intervene #12 . The Court's complete order will issue on November 30, 2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 23 SCHEDULING NOTICE by Judge David O. Carter. The Court continues the in-person Scheduling Conference to DECEMBER 1, 2020 at 9:00 a.m. The Court will meet with the parties outside of the courthouse doors. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 22 SCHEDULING NOTICE by Judge David O. Carter. The Court finds the Motion to Dismiss Case filed by Defendant CVS Pharmacy, Inc. #8 and the Motion to Intervene filed by Intervenor-Defendant VI-JON, LLC. #12 appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the motion hearing set for NOVEMBER 23, 2020, is removed from the calendar and the motion is taken under submission. No appearances are necessary on November 23, 2020. The in-person Scheduling Conference is continued to November 30, 2020, at 8:30 a.m. Counsel shall meet the Judge at the entrance of the courthouse doors. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 21 REPLY In Support Of NOTICE OF MOTION AND MOTION to Intervene #12 filed by Intervenor Defendant VI-JON, LLC. (Attachments: #1 Declaration of Anthony Hopp, #2 Exhibit Exh. A to Hopp Decl., #3 Exhibit Exh. B to Hopp Decl., #4 Exhibit Exh. C to Hopp Decl., #5 Declaration Suppl Declaration of Carol Brophy, #6 Exhibit Exh. D to Brophy Suppl Decl, #7 Exhibit Exh. E to Brophy Suppl Decl, #8 Exhibit Exh. F to Brophy Suppl Decl, #9 Exhibit Exh. G to Brophy Suppl Decl, #10 Exhibit Exh. H to Brophy Suppl Decl, #11 Supplement Request for Judicial Notice)(Ayerh, Melanie) |
| Filing 20 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case #8 filed by Defendant CVS Pharmacy, Inc.. (Attachments: #1 SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT CVS PHARMACY, INC.S MOTION TO DISMISS, #2 Declaration SUPPLEMENTAL DECLARATION OF JOSEPH W. TURSI IN SUPPPORT OF DEFENDANT CVS PHARMACY, INC.S MOTION TO DISMISS, #3 Exhibit E TO SUPPLEMENTAL DECLARATION OF JOSEPH W. TURSI IN SUPPPORT OF DEFENDANT CVS PHARMACY, INC.S MOTION TO DISMISS, #4 Proposed Order GRANTING DEFENDANT CVS PHARMACY, INC.S MOTION TO DISMISS COMPLAINT)(Ayerh, Melanie) |
| Filing 19 JOINT RULE 26 REPORT filed by Plaintiff Joseph Mier. (Coelho, Thiago) |
| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #17 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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. (ak) |
| Filing 17 NOTICE of Appearance filed by attorney Joseph William Tursi on behalf of Defendant CVS Pharmacy, Inc. (Attorney Joseph William Tursi added to party CVS Pharmacy, Inc.(pty:dft))(Tursi, Joseph) |
| Filing 16 OPPOSITION: Plaintiff Joseph Mier's Opposition to Vi-Jon, LLC's re: NOTICE OF MOTION AND MOTION to Dismiss Case #8 filed by Plaintiff Joseph Mier. (Coelho, Thiago) |
| Filing 15 OPPOSITION: Plaintiff Joseph Mier's Opposition to Vi-Jon, LLC's re: NOTICE OF MOTION AND MOTION to Intervene #12 filed by Plaintiff Joseph Mier. (Attachments: #1 Declaration of Thiago Coelho in Support of Plaintiff's Opposition to Vi-Jon, LLC's Motion to Intervene)(Coelho, Thiago) |
| Filing 14 NOTICE of Appearance filed by attorney Thiago Merlini Coelho on behalf of Plaintiff Joseph Mier (Coelho, Thiago) |
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Filing 13
ORDER by Judge David O. Carter: Granting #11 Non-Resident Attorney Anthony Hopp APPLICATION to Appear Pro Hac Vice on behalf of Defendant CVS Pharmacy, Inc., designating Melanie A. Ayerh as local counsel. (es)
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| Filing 12 NOTICE OF MOTION AND MOTION to Intervene filed by Intervenor-Defendant VI-JON, LLC. Motion set for hearing on 11/23/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum P&A ISO Motion to Intervene, #2 Declaration Benson Decl ISO Motion to Intervene, #3 Declaration Brophy Decl ISO Motion to Intervene, #4 Proposed Order [Prop] Order ISO Motion to Intervene) (Attorney Melanie Atswei Ayerh added to party VI-JON, LLC(pty:intvd)) (Ayerh, Melanie) |
| Filing 11 APPLICATION of Non-Resident Attorney Anthony Hopp to Appear Pro Hac Vice on behalf of Defendant CVS Pharmacy, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28661389) filed by Defendant CVS Pharmacy, Inc.. (Attachments: #1 Proposed Order) (Ayerh, Melanie) |
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Filing 10
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 11/23/2020 at 08:30 AM before Judge David O. Carter. (See attached Order for complete details.) (kd)
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| Filing 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case #8 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (twdb) |
| Filing 8 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant CVS Pharmacy, Inc.. Motion set for hearing on 11/23/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum Memorandum of Points and Authorities ISO Defendant CVS Pharmacy, Inc. Motion to Dismiss, #2 Declaration Declaration of Alisa Benson ISO Defendant CVS Pharmacy, Inc.'s Motion to Dismiss, #3 Exhibit Exhibit A to A. Benson Declaration, #4 Exhibit Exhibit B to A. Benson Declaration, #5 Exhibit Exhibit C to A. Benson Declaration, #6 Declaration Declaration of Joseph W. Tursi ISO Defendant CVS Pharmacy, Inc's Motion to Dismiss, #7 Exhibit Exhibit A to J. Tursi Declaration, #8 Exhibit Exhibit B to J. Tursi Declaration, #9 Exhibit Exhibit C to J. Tursi Declaration, #10 Exhibit Exhibit D to J. Tursi Declaration, #11 Request for Judicial Notice ISO Defendant CVS Pharmacy Inc.'s Motion to Dismiss Complant, #12 Proof of Service) (Ayerh, Melanie) |
| Filing 7 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kd) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Autumn D. Spaeth. (lh) |
| CONFORMED FILED COPY OF CLASS ACTION COMPLAINT against Defendants CVS Pharmacy, Inc., Does 1 to 100. Jury Demanded, filed by Plaintiff Joseph Mier. (FILED IN ORANGE COUNTY SUPERIOR COURT ON 5/26/2019 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 4 CERTIFICATE OF SERVICE filed by Defendant CVS Health, re Notice of Removal (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 , Corporate Disclosure Statement #3 Notice of Removal served on October 13, 2020. (Ayerh, Melanie) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT and STATEMENT OF INTERESTED PARTIES filed by Defendant CVS Health identifying CVS HEALTH CORPORATION as Corporate Parent. (Ayerh, Melanie) |
| Filing 2 CIVIL COVER SHEET filed by Defendant CVS Health. (Ayerh, Melanie) |
| Filing 1 NOTICE OF REMOVAL from ORANGE COUNTY SUPERIOR COURT, case number 30-2020-01141024 Receipt No: ACACDC-28514869 - Fee: $400, filed by Defendant CVS Health. (Attachments: #1 SUMMONS, #2 COMPLAINT, #3 CASE ASSIGNMENT, #4 QUESTIONNAIRE, #5 PROOF OF SERVICE) (Attorney Melanie Atswei Ayerh added to party CVS Health(pty:dft))(Ayerh, Melanie) |
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