Brown v. N8 Medical, Inc.
| William E. Brown |
| N8 Medical, Inc. |
| 3:2022cv02857 |
| May 13, 2022 |
| US District Court for the Northern District of California |
| Charles R Breyer |
| Robert M Illman |
| Sallie Kim |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on July 5, 2022. A more recent docket listing may be available from PACER.
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| Filing 31 CLERK'S NOTICE VACATING MOTION TO DISMISS (ECF No. 30) hearing set for August 19, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) Motion Hearing set for 9/16/2022 at 9:00 AM in San Francisco - To be determined before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 7/5/2022) |
| Set/Reset Deadlines as to #30 MOTION to Dismiss Counterclaim and to Strike Affirmative Defense. Motion Hearing set for 9/16/2022 at 9:00 AM in San Francisco - To be determined before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 7/5/2022) |
| Filing 30 MOTION to Dismiss Counterclaim and to Strike Affirmative Defense filed by William E. Brown. Motion Hearing set for 8/19/2022 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 7/15/2022. Replies due by 7/22/2022. (Attachments: #1 Proposed Order)(Harris, Nancy) (Filed on 7/1/2022) |
| Filing 29 REPLY (re #12 MOTION to Transfer Case to the U.S. District for the Southern District of Ohio ) filed byN8 Medical, Inc.. (Campbell, Jay) (Filed on 7/1/2022) |
| Filing 28 OPPOSITION/RESPONSE (re #12 MOTION to Transfer Case to the U.S. District for the Southern District of Ohio ) filed byWilliam E. Brown. (Harris, Nancy) (Filed on 6/22/2022) |
| Filing 27 OPPOSITION/RESPONSE (re #12 MOTION to Transfer Case to the U.S. District for the Southern District of Ohio ) filed byWilliam E. Brown. (Attachments: #1 Declaration of William Brown ISO Opposition to Transfer)(Harris, Nancy) (Filed on 6/21/2022) |
Filing 26
Order by Magistrate Judge Robert M. Illman denying #18 Motion for Discovery as moot in light of the Notice #23 to the effect that the dispute has been resolved. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmilc2, COURT STAFF) (Filed on 6/16/2022)
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Filing 25
STIPULATED PROTECTIVE ORDER. Signed by Judge Robert M. Illman on 06/16/2022. (rmilc2, COURT STAFF) (Filed on 6/16/2022)
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| Filing 24 CLERK'S NOTICE: Pursuant to the Notice filed at Dkt. #23, the Motion Hearing previously scheduled for June 16, 2022 at 12 PM is hereby vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Filed on 6/16/2022) |
| Filing 23 NOTICE by N8 Medical, Inc. re 22 Clerk's Notice,,,,, of Compliance with Court Order of June 14, 2022 (Attachments: #1 Stipulated Protective Order, #2 Stipulated Protective Order with redlines from template)(Campbell, Jay) (Filed on 6/16/2022) |
| Filing 22 CLERK'S NOTICE Motion Hearing set for 6/16/2022 12:00 PM in McKinleyville, Telephone Conference Only before Magistrate Judge Robert M. Illman. This matter was previously set for a hearing on June 14, 2022 based on the filing of an emergency discovery motion by Defendant. Due to Defense counsel's notice of unavailability the court will reset the hearing for Thursday June 16, 2022 at 12pm. It appears the parties' dispute can easily be resolved without court intervention considering the non-party, which is the subject of the subpoena in question, has not raised an objection, and because the court's model protective order can adequately protect the information sought. Thus, prior to the hearing the parties will meet and confer in a good faith effort to resolve the matter and file a notice of compliance no later than Thursday, June 16, 2022 at 10 am, indicating what issues if any remain. Should the parties agree to the entry of a protective order, they shall file such forthwith for the undersigned's review and signature. The parties are instructed to use the telephone instructions provided for the previously-scheduled June 14, 2022 hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Filed on 6/14/2022) |
| Filing 21 CLERK'S NOTICE Motion Hearing (Dkt. #18 Emergency Motion for Discovery) set for 6/14/2022 at 11:00 AM. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-684-8852Access Code: 1868782The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Motion Hearing set for 6/14/2022 11:00 AM in McKinleyville, Telephone Conference Only before Magistrate Judge Robert M. Illman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Filed on 6/14/2022) |
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Filing 20
ORDER by Judge Charles R. Breyer: Granting #14 Motion for Pro Hac Vice, Jay R. Campbell. (ls, COURT STAFF) (Filed on 6/14/2022)
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Filing 19
ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Signed by Judge Charles R. Breyer on 6/13/2022. (ls, COURT STAFF) (Filed on 6/13/2022)
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| Filing 18 Emergency Motion for Expedited Discovery filed by N8 Medical, Inc.. Responses due by 6/27/2022. Replies due by 7/5/2022. (Attachments: #1 Exhibit A-NDA Between N8 and Brown, #2 Exhibit B-5-26-22 Email from Def Counsel to Pl Counsel, #3 Exhibit C-5-26-22 Email from Pl Counsel to Def Counsel, #4 Exhibit D-Declaration of Jay Campbell, #5 Exhibit E-Subpoena to BYU, #6 Exhibit F-Objections to Subpoena, #7 Exhibit G-5026-22 Email from Def Counsel to Pl Counsel, #8 Exhibit H-6-9-22 Email from Def Counsel to Pl Counsel, #9 Exhibit I-6-9-22 Email from PL Counsel to Def Counsel) (Pangburn, Kaitlyn) (Filed on 6/13/2022) Modified on 6/14/2022 (gba, COURT STAFF). |
| CASE REFERRED to Magistrate Judge Robert M. Illman for Discovery (mkl, COURT STAFF) (Filed on 6/13/2022) |
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Filing 17
STIPULATION AND ORDER by Judge Charles R. Breyer: Granting #15 Stipulation. Responses due by 6/21/2022. Replies due by 7/1/2022. Motion Hearing set for 7/29/2022 at 9:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 6/3/2022)
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| Filing 16 Certificate of Interested Entities by William E. Brown (Harris, Nancy) (Filed on 6/2/2022) |
| Filing 15 STIPULATION WITH PROPOSED ORDER re Set Motion and Deadlines/Hearings No NEF, JOINT STIPULATION TO CONTINUE HEARING filed by William E. Brown. (Harris, Nancy) (Filed on 6/2/2022) |
| Filing 14 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17225940.) filed by N8 Medical, Inc.. (Campbell, Jay) (Filed on 6/1/2022) |
| Filing 13 CLERK'S NOTICE VACATING MOTION to Transfer Case to the U.S. District for the Southern District of Ohio hearing set for July 1, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.). Motion Hearing set for 7/15/2022 at 9:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than July 12, 2022 at 9:00 AM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 7/15/2022 09:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 5/24/2022) |
| Set/Reset Deadlines as to #12 Motion to Transfer Case to the U.S. District for the Southern District of Ohio. Motion Hearing set for 7/15/2022 at 9:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 5/24/2022) |
| Filing 12 MOTION to Transfer Case to the U.S. District for the Southern District of Ohio filed by N8 Medical, Inc.. Motion Hearing set for 7/1/2022 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 6/6/2022. Replies due by 6/13/2022. (Attachments: #1 Declaration of Kaitlyn N. Pangburn, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Pangburn, Kaitlyn) (Filed on 5/23/2022) |
| Filing 11 CLERK'S NOTICE: A Joint Case Management Statement due by 9/9/2022. Initial Case Management Conference set for 9/16/2022 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 5/20/2022) |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 05/20/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 5/20/2022)
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| Filing 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mkl, COURT STAFF) (Filed on 5/20/2022) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by N8 Medical, Inc... (Pangburn, Kaitlyn) (Filed on 5/20/2022) |
| Filing 7 N8 Medical, Inc. ANSWER to Complaint with Jury Demand , COUNTERCLAIM against All Defendants by N8 Medical, Inc.. (Attachments: #1 Exhibit Exh. A)(Pangburn, Kaitlyn) (Filed on 5/17/2022) Modified on 5/18/2022 (kmg, COURT STAFF). |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/8/2022. Initial Case Management Conference set for 8/15/2022 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (wsn, COURT STAFF) (Filed on 5/16/2022) |
| Filing 5 CERTIFICATE OF SERVICE by N8 Medical, Inc. re #2 Certificate of Interested Entities, #4 Certificate of Interested Entities, #1 Notice of Removal, 3 Case Assigned by Intake,, (Pangburn, Kaitlyn) (Filed on 5/13/2022) |
| Filing 4 Corporate Disclosure Statement by N8 Medical, Inc. (Pangburn, Kaitlyn) (Filed on 5/13/2022) |
| Filing 3 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/27/2022. (jlg, COURT STAFF) (Filed on 5/13/2022) |
| Filing 2 Certificate of Interested Entities by N8 Medical, Inc. (Pangburn, Kaitlyn) (Filed on 5/13/2022) |
| Filing 1 NOTICE OF REMOVAL from Contra Costa County Superior Court. Their case number is C22-00739. (Filing fee $402 receipt number ACANDC-17173749). Filed byN8 Medical, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Pangburn, Kaitlyn) (Filed on 5/13/2022) |
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| Plaintiff: William E. Brown | |
| Represented By: | Nancy E. Harris |
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| Counter claimant: N8 Medical, Inc. | |
| Represented By: | Kaitlyn Nicole Pangburn |
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