Aoki et al v. Gilbert et al
Plaintiff: Thomas T Aoki and Aoki Diabetes Research Institute
Defendant: Gregory Ford Gilbert, Bionica, Inc., Bionica, Int'l, Inc., Trina Health, LLC, Trina Health of Newport Beach, LLC, Deepal Cemo Medical Solutions, LLC, Sammy F. Cemo, Deepal Wannkuwatte, Health Innovations, LP, ACSRC, LLC, Gary J Mugg, Shuyuan "Sherry&qu Tang, MedEdCo, LLC, Diabetic Innovations, LLC, Melanie J. Kunz, Michael R. McCarthy, Marc R. Rose and Kevin J. Buckman
Case Number: 2:2011cv02797
Filed: October 24, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Carolyn K. Delaney
Presiding Judge: Morrison C. England
Nature of Suit: Patent
Cause of Action: 15:1126
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 18, 2019 Opinion or Order Filing 360 ORDER signed by District Judge Troy L. Nunley on 3/18/2019 GRANTING 343 Ex Parte Application for Order Authorizing Remote Testimony by Video. Plaintiffs' counsel is ORDERED to contact the Court's Director of IT, Richard Arendt, on M onday, 3/18/2019, to set up a date and time for IT training and testing of the required system(s). Such testing will necessarily take place during the week of 3/18, as set by Mr. Arendt. (cc: IT Department Sacramento; Courtesy copy to Mr. Arendt's mailbox.) (York, M)
June 26, 2018 Opinion or Order Filing 317 ORDER signed by District Judge Troy L. Nunley on 6/25/2018 ORDERING the Court DENIES Plaintiffs' request to submit this matter to the magistrate judge to determine the issue of outstanding discovery; Plaintiffs shall file their motion in limine regarding expert disclosures and testimony in accordance with Local Rule 230(b) to be heard on 1/24/2019; Oppositions and replies shall be filed in accordance with Local Rule 230(c) and (d) respectively. (Reader, L)
February 13, 2018 Opinion or Order Filing 294 STIPULATION and ORDER by all parties to nonjury trial signed by District Judge Troy L. Nunley on 2/12/18. IT IS ORDERED that a trial by jury is deemed waived and trial in this matter, currently set for 7/23/2018, shall be conducted by the Court. (Mena-Sanchez, L)
December 11, 2017 Opinion or Order Filing 291 ORDER signed by District Judge Troy L. Nunley on 12/11/2017 DENYING 282 Ex-Parte Motion for Reconsideration. (Washington, S)
December 8, 2017 Opinion or Order Filing 289 ORDER signed by District Judge Troy L. Nunley on 12/8/2017 GRANTING plaintiff's 283 Motion for a Continuance. The Trial is CONTINUED to 7/23/2018. The Final Pretrial Conference is CONTINUED to 5/17/2018 at 2:00 PM in Courtroom 2. A Joint Pretrial Statement shall be filed by 5:00 PM on 510/2018. (Zignago, K.)
December 4, 2017 Opinion or Order Filing 279 ORDER signed by District Judge Troy L. Nunley on 12/1/2017 STRIKING defendants' 272 and 273 Motions for Summary Judgment. The Court recommends the parties review the 223 Pretrial Scheduling Order to adequately and timely prepare for the upcoming Pretrial Conference and Trial. (Zignago, K.)
October 26, 2017 Opinion or Order Filing 271 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/25/17 GRANTING IN PART 250 252 Plaintiffs' requests for fees and costs; as sanctions for his improprietous conduct, Gregory Ford Gilbert SHALL PAY plaintiffs the amount of $10,355.00, within 10 days. (Benson, A.)
October 6, 2017 Opinion or Order Filing 268 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/6/17 ORDERING Plaintiffs' ex parte motion to shorten time 264 is DENIED; Defendants' motion to compel 251 is DENIED as moot; Plaintiffs' motion for default judgment [250 ] is DENIED IN PART. Plaintiffs' motion to compel 252 is GRANTED. Defendants shall produce all outstanding documents and responses, by 10/9/17 at 5:00 pm; Defendants shall produce all revised responses that were promised, by 10/11/17 at 5:00 pm; Plaintiffs shall provide all responses to defendants' special interrogatories, without formalistic objections, by 10/13/17 at 5:00 pm; Plaintiffs shall produce all responsive documents, by 10/16/17 at 5:00 pm; DISCLOSURE OF EXPERT WITNESSES: due by 12/4/17; Defendants have until 10/12/17 at 5:00 pm to respond to the motions for sanctions contained within plaintiffs' recent pleadings. Plaintiffs will then have until 10/16/17 at 5:00 pm to reply.(Becknal, R)
July 18, 2017 Opinion or Order Filing 244 ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/18/17 ORDERING that Plaintiff's 231 request for $3,500 in fees and costs is GRANTED; defendant shall pay the plaintiff the amount of $3,500 within 10 days. (Benson, A)
June 15, 2017 Opinion or Order Filing 240 ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/15/17 ORDERING that within fourteen (14) days, Plaintiff shall provide supplemental briefing addressing the above issues. Defendant shall have seven (7) days to respond. The matter shall thereafter stand submitted.(Mena-Sanchez, L)
May 25, 2017 Opinion or Order Filing 235 ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/25/17 granting 231 Motion to Compel. Defendant must serve responses to the Plaintiffs Request for Production of Documents, Set One, and produce responsive documents, within ten days. Within five days, defendant shall file an opposition or statement of non-opposition to plaintiffs request for $3,500 in fees and costs associated with the motion. (Plummer, M)
March 7, 2017 Opinion or Order Filing 229 ORDER signed by District Judge Troy L. Nunley on 3/6/2017 ORDERING that the discovery deadline set forth in the Court's 2/1/2016 Scheduling Order is hereby EXTENDED to 8/31/2017. (Jackson, T)
January 27, 2016 Opinion or Order Filing 222 ORDER signed by District Judge Troy L. Nunley on 01/26/16 ORDERING that because defendants have failed to serve UCD and UCDSOM as third parties for almost two years, and because their proposed third party complaint fails to actually bring a claim a gainst the purported third parties, UCD and UCDSOM are hereby DISMISSED from the instant action. The Court will issue a scheduling order shortly. The Court admonishes the parties that any further delay tactics will be subject to sanctions under Local Rule 110. (University of California Davis and University of California Davis, School of Medicine terminated.) (Benson, A)
September 29, 2015 Opinion or Order Filing 216 ORDER TO SHOW CAUSE signed by District Judge Troy L. Nunley on 9/28/2015 ORDERING the defendant to submit proof within 30 days, of its reinstated registration with the California Secretary of State. (Michel, G.)
October 27, 2014 Opinion or Order Filing 198 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/24/14: HEARING as to 194 MOTION to BIFURCATE and 195 MOTION to ARBITRATE continued to 11/20/2014 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Kaminski, H)
September 9, 2014 Opinion or Order Filing 191 ORDER 190 signed by District Judge Troy L. Nunley on 9/8/2014 granting defendants' 189 Motion for Extension of Time. Their answers and responsive pleadings to plaintiff's 135 First Amended Complaint is NOW due by 9/15/2014. (Marciel, M)
August 26, 2014 Opinion or Order Filing 187 STIPULATION, CONSENT JUDGMENT, PERMANENT INJUNCTION and ORDER signed by District Judge Troy L. Nunley on 8/25/14. (Manzer, C)
August 13, 2014 Opinion or Order Filing 185 ORDER signed by District Judge Troy L. Nunley on 8/12/14 GRANTING withdrawal of Cella Lange & Cella LLP as counsel. (Manzer, C)
July 23, 2014 Opinion or Order Filing 175 MEMORANDUM AND ORDER signed by District Judge Troy L. Nunley on 7/22/14 GRANTING IN PART AND DENYING IN PART 138 Motion to Dismiss. (Meuleman, A) Modified on 7/23/2014 (Meuleman, A).
June 2, 2014 Opinion or Order Filing 174 ORDER signed by District Judge Troy L. Nunley on 5/30/2014 ORDERING that the Court DECLINES to approve the parties' 167 Stipulation at this time. This order is without prejudice to the Stipulating Parties should they wish to file a revised stipulation that addresses the issues identified in this order. (Zignago, K.)
April 16, 2014 Opinion or Order Filing 170 ORDER signed by District Judge Troy L. Nunley on 4/15/2014 DENYING Defendant Kunz and MedEdCo's 9 Motion to Dismiss. (Zignago, K.)
June 7, 2013 Opinion or Order Filing 150 ORDER denying 146 Ex Parte Application signed by District Judge Troy L. Nunley on 6/6/13. (Kaminski, H)
April 2, 2013 Opinion or Order Filing 134 MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr on 4/2/13 ORDERING the Application of the Ninth Circuit's three-part test demonstrates that this Court has specific personal jurisdiction over Defendant Diabetic Innovations, LLC. The Court therefore DENIES Defendant's Motion to Dismiss for Lack of Personal Jurisdiction.(ECF No. 73 .). (Becknal, R)
March 28, 2013 Opinion or Order Filing 133 ORDER signed by Chief Judge Morrison C. England, Jr on 3/28/2013 DENYING 68 Motion to Dismiss without prejudice. (Donati, J)
March 19, 2013 Opinion or Order Filing 132 ORDER signed by Chief Judge Morrison C. England, Jr. on 3/14/2013 DENYING 54 , 91 Motions to Compel Arbitration and Stay Proceedings. (Michel, G)
March 14, 2013 Opinion or Order Filing 130 ORDER signed by Chief Judge Morrison C. England, Jr. on 3/13/2013 ORDERING that Defendant's 112 Motion to Dismiss for Lack of Jurisdiction is GRANTED with leave to amend. Plaintiff may file an amended complaint not later than twenty (20) days after the date this Memorandum and Order is filed electronically. If no amended complaint is filed within said twenty (20)-day period, without further notice, Plaintiff's claims against Defendant Diabetic Life Pulse of Louisiana will be dismissed without leave to amend. (Zignago, K.)
September 28, 2012 Opinion or Order Filing 98 ORDER signed by Judge Morrison C. England, Jr. on 9/28/12 GRANTING 96 Ex Parte Application; the following defendants shall be substituted in for the Doe defendant: Doe 3: FAISING S. CHUI, Doe 4: DIABETIC LIFE PULSE OF LOUISIANA, LLC, Doe 5: LIMI MANAGEMENT, INC., Doe 6: DIABETIC LIFE PULSE, INC., 7: LIFE PULSE HEALTH, LLC, Doe 8: JOHN D. MULLEN, Doe 9: GLENN A. WILSON, Doe 10: RICHARD L. GIRARD, and Doe 11: DAVID S. BRADLEY.(Matson, R)
June 26, 2012 Opinion or Order Filing 67 MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr. on 6/26/2012 DENYING, without prejudice, 41 Motion to Disqualify Attorneys; DENYING, without prejudice, 7 Motion to Dismiss for Lack of Jurisdiction; DENYING, without prejudice, 8 Mo tion to Dismiss; DENYING, without prejudice, 9 Amended Motion to Dismiss for Lack of Jurisdiction; DENYING, without prejudice, 10 Motion to Dismiss/Motion for More Definite Statement; ORDERING defendants to re-notice said dispositive motions or otherwise respond to Plaintiff's Complaint within 5 days. (Michel, G)
May 29, 2012 Opinion or Order Filing 66 RELATED CASE ORDER signed by Judge Morrison C. England, Jr. on 05/25/12 ORDERING that, pursuant to 65 Notice of Related Case, that the action 2:11-cv-2797 MCE CKD and 2:12-cv-01334-GEB-GGH are RELATED; 2:12-cv-01334-GEB-GGH, Kenneth Murray v. Thomas T. Aoki, M.D. and Aoki Diabetes Research Institute, is REASSIGNED to Judge Morrison C. England, Jr. and Magistrate Judge Carolyn K. Delaney for all further proceedings. (Benson, A.)
March 13, 2012 Opinion or Order Filing 62 ORDER signed by Judge Morrison C. England, Jr. on 3/13/2012 GRANTING 60 Plaintffs' Ex Parte application to amend complaint; defendant Timothy Tight shall be SUBSTITUTED for Doe 1 and defendant Cheng Shao shall be SUBSTITUTED for Doe 2; this amendment and substitution shall apply with respect to all claims asserted in the plaintiffs' complaint with the exception of the Sixth and Seventh Claim for Relief. (Reader, L)
March 8, 2012 Opinion or Order Filing 59 ORDER signed by Judge Morrison C. England, Jr., on 3/7/12 GRANTING 56 Ex Parte Request to remove from the Court's calendar 54 the Motion to Compel Arbitration, currently set for 4/5/12. The motion may be reset by the Court, at the request of defendants, at a later date. (Kastilahn, A)
December 30, 2011 Opinion or Order Filing 42 ORDER granting 14 Motion to Shorten Time signed by Judge Morrison C. England, Jr on 12/29/11: HEARING as to 41 MOTION to Disqualify set for 1/26/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. Defendants' Motions to Dismiss 7 , 8 , 9 and Defendant's Motion to Dismiss and for More Definite Statement 10 set for hearing on January 26, 2012 are vacated. These motions will be reset by the Court at a later date. (Kaminski, H)
December 21, 2011 Opinion or Order Filing 40 ORDER signed by Judge Morrison C. England, Jr. on 12/20/2011 GRANTING plaintiffs' 21 Motion to Amend case caption, the Complaint, and docket. Defendant Deepal Wannkuwatte shall be modified to correct spelling WANNAKUWATTE. Clerk order to make corrections to caption and docket. All appearing parties shall correct their captions to reflect corrected spelling of defendant's last name. If any additional parties are served in this action, a copy of this Order shall be served with Complaint. (Marciel, M)
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Search for this case: Aoki et al v. Gilbert et al
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Plaintiff: Thomas T Aoki
Represented By: Joanna Rae Mendoza
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Plaintiff: Aoki Diabetes Research Institute
Represented By: Joanna Rae Mendoza
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Defendant: Gregory Ford Gilbert
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Defendant: Bionica, Inc.
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Defendant: Bionica, Int'l, Inc.
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Defendant: Trina Health, LLC
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Defendant: Trina Health of Newport Beach, LLC
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Defendant: Deepal Cemo Medical Solutions, LLC
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Defendant: Sammy F. Cemo
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Defendant: Deepal Wannkuwatte
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Defendant: Health Innovations, LP
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Defendant: ACSRC, LLC
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Defendant: Gary J Mugg
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Defendant: Shuyuan "Sherry&qu Tang
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Defendant: MedEdCo, LLC
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Defendant: Diabetic Innovations, LLC
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Defendant: Melanie J. Kunz
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Defendant: Michael R. McCarthy
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Defendant: Marc R. Rose
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Defendant: Kevin J. Buckman
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