Johnston v. Johnston
Plaintiff: Kari Johnston
Defendant: Tedan Surgical Innovations, Inc., Terry Johnston, Tedan Surgical Innovations, LLC, Terry James Johnston and a Texas Corporation, converted from Tedan Surgical Innovations, LLC, a Texas Limited Liability Company
Case Number: 3:2022cv04235
Filed: July 21, 2022
Court: US District Court for the Northern District of California
Presiding Judge: Richard Seeborg
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Fraud
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 6, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 6, 2022 Filing 33 REPLY (re #20 Amended MOTION to Remand AMENDED NOTICE OF HEARING ) ECF 17 MOTION FOR REMAND filed byKari Johnston. (Attachments: #1 Certificate/Proof of Service All Defendants)(Hagan, Jennifer) (Filed on 9/6/2022)
September 4, 2022 Filing 32 ANSWER to Complaint byTerry James Johnston. (Johnston, Terry) (Filed on 9/4/2022)
August 30, 2022 Filing 31 Renotice motion hearing re #14 MOTION to Stay Litigation filed byTedan Surgical Innovations, Inc.. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #14 ) (Bodzin, Robert) (Filed on 8/30/2022)
August 30, 2022 Set/Reset as to #14 MOTION to Stay Litigation. Motion Hearing set for 10/6/2022 at 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 8/30/2022)
August 29, 2022 Filing 30 CLERK'S NOTICE Continuing Motion Hearing as to #20 Amended MOTION to Remand AMENDED NOTICE OF HEARING. Motion Hearing previously set for 9/29/2022 is continued to 10/6/2022 at 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cl, COURT STAFF) (Filed on 8/29/2022)
August 29, 2022 Filing 29 NOTICE by Kari Johnston re #17 MOTION to Remand , #26 Order Reassigning Case,, Case Assigned/Reassigned, #27 Opposition/Response to Motion, RENOTICE OF HEARING DATE TO SEPTEMBER 29, 2022 BEFORE JUDGE RICHARD SEEBORG (Attachments: #1 Certificate/Proof of Service Tedan Only, #2 Certificate/Proof of Service Terry Johnston only)(Hagan, Jennifer) (Filed on 8/29/2022)
August 29, 2022 Filing 28 CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference set for November 10, 2022 AT 10:00 AM before Judge Richard Seeborg upon reassignment. Case Management Statement due by November 3, 2022. All parties shall appear by videoconference using log-in instructions the Court will provide in advance. All pending motions will be taken off-calendar and must be renoticed by the moving party for a new hearing according to Judge Seeborg's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 8/29/2022)
August 29, 2022 Filing 27 OPPOSITION/RESPONSE (re #17 MOTION to Remand ) filed byTedan Surgical Innovations, Inc.. (Attachments: #1 Request for Judicial Notice in Support of Opposition to Plaintiff's Motion to Remand, #2 Certificate/Proof of Service)(Bodzin, Robert) (Filed on 8/29/2022)
August 29, 2022 Opinion or Order Filing 26 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Richard Seeborg for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case,. Signed by Clerk on 08/29/2022. (mbc, COURT STAFF) (Filed on 8/29/2022)
August 29, 2022 Filing 25 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 (Defendant Terry Johnston) 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 8/29/2022)
August 29, 2022 Set/Reset as to #20 Amended MOTION to Remand AMENDED NOTICE OF HEARING. Motion Hearing set for 9/29/2022 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 8/29/2022)
August 23, 2022 Filing 24 REPLY (re #14 MOTION to Stay Litigation ) filed byTedan Surgical Innovations, Inc.. (Attachments: #1 Reply Request for Judicial Notice in Support of Motion to Stay Litigation, #2 Certificate/Proof of Service Proof of Service)(Bodzin, Robert) (Filed on 8/23/2022)
August 19, 2022 Filing 23 OPPOSITION/RESPONSE (re #21 ADMINISTRATIVE MOTION [CIVIL LOCAL RULE 7-11] ) Proposed Order Denying Administrative Motion filed byKari Johnston. (Hagan, Jennifer) (Filed on 8/19/2022)
August 19, 2022 Filing 22 OPPOSITION/RESPONSE (re #21 ADMINISTRATIVE MOTION [CIVIL LOCAL RULE 7-11] ) filed byKari Johnston. (Attachments: #1 Certificate/Proof of Service TO TEDAN ONLY, #2 Certificate/Proof of Service TO TERRY JOHNSTON ONLY)(Hagan, Jennifer) (Filed on 8/19/2022)
August 18, 2022 Set/Reset Deadlines as to #14 MOTION to Stay Litigation. Motion Hearing reset for 10/3/2022 09:30 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. The briefing schedule remains unchanged. (mkl, COURT STAFF) (Filed on 8/18/2022)
August 17, 2022 Filing 21 ADMINISTRATIVE MOTION [CIVIL LOCAL RULE 7-11] filed by Tedan Surgical Innovations, Inc.. Responses due by 8/22/2022. (Attachments: #1 Proposed Order)(Bodzin, Robert) (Filed on 8/17/2022)
August 16, 2022 Filing 20 Amended MOTION to Remand AMENDED NOTICE OF HEARING filed by Kari Johnston. Motion Hearing set for 9/26/2022 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 8/30/2022. Replies due by 9/6/2022. (Attachments: #1 Certificate/Proof of Service To Terry Johnston Only, #2 Certificate/Proof of Service To Tedan Only)(Hagan, Jennifer) (Filed on 8/16/2022)
August 16, 2022 Filing 19 CLERK'S NOTICE Regarding #17 Motion to Remand: The Court's calendar is closed to motion settings in cases ending 1,3, 5, 7, 8, and 9 on 9/19/2022. Accordingly, the hearing on the #17 Motion to Remand noticed for that date at 9:30 AM is vacated. Counsel is directed to re-notice the motion (using the event Re-Notice Motion) for an available date. The Court's availability can be found on the website at https://cand.uscourts.gov/judges/kim-sallie-sk/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 8/16/2022)
August 15, 2022 Filing 18 OPPOSITION/RESPONSE (re #14 MOTION to Stay Litigation, #15 MOTION to Amend/Correct #14 MOTION to Stay Litigation ) filed byKari Johnston. (Attachments: #1 Supplement Kari's Request for Judicial Notice, #2 Certificate/Proof of Service To Tedan, #3 Certificate/Proof of Service To Terry Johnston)(Hagan, Jennifer) (Filed on 8/15/2022)
August 15, 2022 Filing 17 MOTION to Remand filed by Kari Johnston. Motion Hearing set for 9/19/2022 09:30 AM in San Francisco, Courtroom 15, 18th Floor before Magistrate Judge Sallie Kim. Responses due by 8/29/2022. Replies due by 9/6/2022. (Attachments: #1 Declaration Jennifer Hagan ISO Kari's Motion to Remand, #2 Proposed Order To Kari Johnston's Motion to Remand, #3 Certificate/Proof of Service To Terry Johnston Only of Kari's Motion for Remand and Other Documents, #4 Certificate/Proof of Service To Defendants by Electronic Service)(Hagan, Jennifer) (Filed on 8/15/2022)
August 10, 2022 Filing 16 CLERK'S NOTICE Re: Consent or Declination: Defendant Terry J. Johnston shall file a consent or declination to proceed before a magistrate judge by 8/24/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 8/24/2022. (A copy of this notice has been mailed to Defendant. ) (mkl, COURT STAFF) (Filed on 8/10/2022)
August 4, 2022 Filing 15 MOTION to Amend/Correct #14 MOTION to Stay Litigation filed by Tedan Surgical Innovations, Inc.. Motion Hearing set for 10/3/2022 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 8/18/2022. Replies due by 8/25/2022. (Attachments: #1 Certificate/Proof of Service)(Bodzin, Robert) (Filed on 8/4/2022)
August 2, 2022 Filing 14 MOTION to Stay Litigation filed by Tedan Surgical Innovations, Inc.. Motion Hearing set for 9/26/2022 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 8/16/2022. Replies due by 8/23/2022. (Attachments: #1 Memorandum of Points and Authorities, #2 Request for Judicial Notice, #3 Proposed Order, #4 Certificate/Proof of Service, #5 Exhibit A-E to RFJN, #6 Exhibit F to RFJN, #7 Exhibit G-I to RFJN, #8 Exhibit J to RFJN, #9 Exhibit K-N to RFJN)(Bodzin, Robert) (Filed on 8/2/2022)
August 2, 2022 Filing 13 ANSWER to Plaintiff's First Amended Complaint with Jury Demand by Tedan Surgical Innovations, Inc.. (Bodzin, Robert) (Filed on 8/2/2022) Modified on 8/3/2022 (kmg, COURT STAFF).
August 2, 2022 Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Tedan Surgical Innovations, Inc... (Bodzin, Robert) (Filed on 8/2/2022)
August 1, 2022 Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kari Johnston.. (Hagan, Jennifer) (Filed on 8/1/2022)
August 1, 2022 Filing 10 NOTICE of Appearance by Jennifer J. Hagan for Plaintiff, Kari Johnston (Hagan, Jennifer) (Filed on 8/1/2022)
July 25, 2022 Filing 9 NOTICE by Tedan Surgical Innovations, Inc. Of Case Assigned to Magistrate Judge Sallie Kim (Bodzin, Robert) (Filed on 7/25/2022)
July 25, 2022 Filing 8 NOTICE by Tedan Surgical Innovations, Inc. of Entry of Order Setting Initial Case Managment Conference and ADR Deadlines (Bodzin, Robert) (Filed on 7/25/2022)
July 25, 2022 Filing 7 NOTICE of Appearance by Robert M. Bodzin of Charles H. DeLacey (Bodzin, Robert) (Filed on 7/25/2022)
July 25, 2022 Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/17/2022. Initial Case Management Conference set for 10/24/2022 01:30 PM in San Francisco, Courtroom C, 15th Floor. (jlg, COURT STAFF) (Filed on 7/25/2022)
July 22, 2022 Filing 5 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 8/5/2022. (ark, COURT STAFF) (Filed on 7/22/2022)
July 21, 2022 Filing 4 Civil Cover Sheet by Tedan Surgical Innovations, Inc. . (Bodzin, Robert) (Filed on 7/21/2022)
July 21, 2022 Filing 3 Certificate of Interested Entities by Tedan Surgical Innovations, Inc. identifying Corporate Parent Tedan Surgical Innovations, Inc., Other Affiliate Daniel Bass, Other Affiliate Danny Fishman for Tedan Surgical Innovations, Inc.. (Bodzin, Robert) (Filed on 7/21/2022)
July 21, 2022 Filing 2 Civil Cover Sheet by Tedan Surgical Innovations, Inc. . (Bodzin, Robert) (Filed on 7/21/2022)
July 21, 2022 Filing 1 NOTICE OF REMOVAL from San Mateo County Superior Court. Their case number is FAM-0122515. (Filing fee $402 receipt number ACANDC-17370356). Filed byTedan Surgical Innovations, Inc.. (Attachments: #1 Declaration with exhibits, #2 Request for Judicial Notice, #3 Exhibit Exhibits A-B to Request for Judicial Notice, #4 Exhibit Exhibit C to Request for Jucicial Notice, #5 Exhibit Exhibit D-G to Request for Judicial Notice, #6 Exhibit Exhibit H to Request for Judicial Notice, #7 Exhibit Exhibit I to Request for Judicial Notice, #8 Exhibit Exhibit J-S to Request for Judicial Notice, #9 Civil Cover Sheet, #10 Certificate/Proof of Service)(Bodzin, Robert) (Filed on 7/21/2022)
July 21, 2022 #Electronic filing error. Incorrect PDF attached. [err201] Resubmit current Civil Cover Sheet JS-CAND 44 (Rev. 10/2020) from our website www.cand.uscourts.gov. No judge as signment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet. Please re-file in its entirety. Re: #1 Notice of Removal, filed by Tedan Surgical Innovations, Inc. (jlg, COURT STAFF) (Filed on 7/21/2022)
July 21, 2022 #Electronic filing error. Please resubmit Civil Cover Sheet. Please indicate Origin of Filing on Section V and the Divisional Assignment on Section IX. No judge assignment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet Re: #2 Civil Cover Sheet filed by Tedan Surgical Innovations, Inc. (mbc, COURT STAFF) (Filed on 7/21/2022)

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Defendant: Tedan Surgical Innovations, Inc.
Represented By: Robert M. Bodzin
Represented By: Charles Howard DeLacey
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Defendant: Terry Johnston
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Defendant: Tedan Surgical Innovations, LLC
Represented By: Robert M. Bodzin
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Defendant: Terry James Johnston
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Defendant: a Texas Corporation, converted from Tedan Surgical Innovations, LLC, a Texas Limited Liability Company
Represented By: Charles Howard DeLacey
Represented By: Robert M. Bodzin
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Plaintiff: Kari Johnston
Represented By: Paul Frederick Vorsatz
Represented By: Dustin F. Vorsatz
Represented By: Jennifer J. Hagan
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