Freeman v. Burbank et al
| Scott Freedman and Scott Freeman |
| Russell Burbank, Stephen Hurst, Sunray Asset Management, Inc., Nico Forte, Ceruvia Lifesciences, Carey Turnbull, Savant Addiction Medicine, LLC, Savant HWP Holdings, LLC, Savant HWP, Inc. and BPM LLP |
| 3:2022cv05022 |
| September 2, 2022 |
| U.S. District Court for the Northern District of California |
| Maxine M Chesney |
| Donna M Ryu |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 14, 2022. A more recent docket listing may be available from PACER.
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| "Benjamin Cohen's Notice of Motion and Motion for Leave to Intervene and Oppose Plaintiffs' First Administration Motion to File Under Seal Portions of Amended Complaint and Exhibit," mailed to United States District Court, Attn: Clerk of Court 2:22-cv-01903-JCM-BNW, 333 Las Vegas Boulevard South, Las Vegas, NV 89101. (wsn, COURT STAFF) (Filed on 11/14/2022) |
| Case transferred from California Northern has been opened in District of Nevada as case 2:22-cv-01903. (anj, COURT STAFF) (Filed on 11/10/2022) |
Filing 54
ORDER GRANTING DEFENDANT SAVANT HWP, INC.'S MOTION TO TRANSFER ACTION TO DISTRICT OF NEVADA; VACATING HEARING. Signed by Judge Maxine M. Chesney on November 9, 2022. (mmclc1, COURT STAFF) (Filed on 11/9/2022)
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| Filing 53 AFFIDAVIT of Service for Amended Complaint served on BPM LLP on October 26, 2022, filed by Scott Freeman. (Reilly, Megan) (Filed on 11/7/2022) |
| Filing 52 Refund Status re #46 Application for Refund Approved. (kep, COURT STAFF) (Filed on 11/7/2022) |
| Filing 51 NOTICE of Appearance by Melinda Mae Morton (Morton, Melinda) (Filed on 11/3/2022) |
| Filing 50 OPPOSITION/RESPONSE (re #33 MOTION to Transfer Case ) Plaintiff's Joinder in Motion to Transfer filed byScott Freeman. (Reilly, Megan) (Filed on 11/3/2022) |
| Filing 49 NOTICE of Appearance by Stacy Todd Neal (Neal, Stacy) (Filed on 11/2/2022) |
| #Electronic filing error. NOTICE TO COUNSEL: Counsel must file their own Notice of Appearance using their own ECF Profiles to appear on the docket. Please re-file in its entirety. NOTICE TO COUNSEL: Melinda M. Morton The docket shows a different address from what is appearing on the document. Please update your personal profile on ECF. Re: #47 Notice of Appearance filed by Carey Turnbull, Ceruvia Lifesciences (anj, COURT STAFF) (Filed on 11/2/2022) |
| Filing 48 Certificate of Interested Entities by Ceruvia Lifesciences, Carey Turnbull (Morton, Melinda) (Filed on 11/1/2022) |
| Filing 47 NOTICE of Appearance by Melinda Mae Morton (Morton, Melinda) (Filed on 11/1/2022) |
| Filing 46 Application for Refund, Receipt Number ACANDC-17670077 by Savant Addiction Medicine, LLC, Savant HWP Holdings, LLC. (Levine, James) (Filed on 10/28/2022) |
| Set/Reset Deadlines as to #33 MOTION to Transfer Case . Motion Hearing set for 12/2/2022 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tl, COURT STAFF) (Filed on 10/28/2022) |
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Filing 45
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. The application of James H.S. Levine is granted. Signed by Judge Maxine M. Chesney on October 27, 2022. (mmclc1, COURT STAFF) (Filed on 10/27/2022)
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| Filing 44 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17670085.) filed by Savant Addiction Medicine, LLC, Savant HWP Holdings, LLC. (Levine, James) (Filed on 10/27/2022) |
| Filing 43 NOTICE of Appearance by Kalama M. Lui-Kwan for Nominal Defendants Savant Addiction Medicine, LLC and Savant HWP Holdings, LLC (Lui-Kwan, Kalama) (Filed on 10/26/2022) |
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Filing 42
ORDER DENYING AS MOOT DEFENDANTS' MOTIONS TO DISMISS; VACATING HEARING. Signed by Judge Maxine M. Chesney on October 26, 2022. (mmclc1, COURT STAFF) (Filed on 10/26/2022)
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Filing 41
ORDER DIRECTING PLAINTIFF TO SUBMIT COURTESY COPIES IN COMPLIANCE WITH COURT'S STANDING ORDERS. Signed by Judge Maxine M. Chesney on October 26, 2022. (mmclc1, COURT STAFF) (Filed on 10/26/2022)
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| Filing 40 Renotice motion hearing re #33 MOTION to Transfer Case filed by Savant HWP, Inc.. (Related document(s) #33 ) (Shea, Zachary) (Filed on 10/25/2022) Modified on 10/26/2022 (anj, COURT STAFF). |
| Filing 39 Summons Issued as to BPM LLP. (anj, COURT STAFF) (Filed on 10/25/2022) |
| #Electronic filing error. Incorrect event used. [err101] The correct event is: Civil Events > Motions and Related Filings > Other Supporting Documents > Re-notice motion. Please refile your document.Re: #37 Notice (Other) filed by Savant HWP, Inc. (anj, COURT STAFF) (Filed on 10/25/2022) |
| Filing 38 Proposed Summons. (Reilly, Megan) (Filed on 10/24/2022) |
| Filing 37 NOTICE by Savant HWP, Inc. re #33 MOTION to Transfer Case (Shea, Zachary) (Filed on 10/24/2022) |
| Filing 36 AMENDED COMPLAINT against All Defendants. Filed by Scott Freeman. (Attachments: #1 Exhibit Exhibit 1 to Amended Complaint, #2 Exhibit Exhibit 2 to Amended Complaint, #3 Exhibit Exhibit 3 to Amended Complaint, #4 Exhibit Exhibit 4 to Amended Complaint, #5 Exhibit Exhibit 5 to Amended Complaint, #6 Exhibit Exhibit 6 to Amended Complaint, #7 Exhibit Exhibit 7 to Amended Complaint, #8 Exhibit Exhibit 8 to Amended Complaint, #9 Exhibit SEALED Exhibit 9 to Amended Complaint)(Reilly, Megan) (Filed on 10/21/2022) Modified on 10/24/2022 (anj, COURT STAFF). |
| Filing 35 Plaintiff's Administrative Motion to File Portions of the Amended Complaint and Exhibit Attached Thereto Under Seal filed by Scott Freeman. (Attachments: #1 Declaration Agre Declaration ISO Administrative Motion to Seal, #2 Proposed Order Proposed Order Granting Administrative Motion to File Under Seal, #3 Unredacted Version of Amended Complaint, #4 Unredacted Version of Exhibit 9)(Reilly, Megan) (Filed on 10/21/2022) Modified on 10/24/2022 (anj, COURT STAFF). |
| Filing 34 NOTICE of Change of Address by Megan Reilly Notice of Change of Address for Glenn Agre Bergman & Fuentes LLP (Reilly, Megan) (Filed on 10/21/2022) |
| Filing 33 MOTION to Transfer Case filed by Savant HWP, Inc.. Motion Hearing set for 11/18/2022 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 11/3/2022. Replies due by 11/10/2022. (Attachments: #1 Exhibit 1)(Shea, Zachary) (Filed on 10/20/2022) |
| Filing 32 CLERK'S NOTICE CONVERTING THE NOVEMBER 4, 2022 AT 9:00 AM MOTION HEARING TO A ZOOM WEBINAR. As to #8 Defendant Stephen Hurst's Notice of Motion and Motion to Dismiss for Lack of Jurisdiction, #6 Notice of Motion and Motion to Dismiss or Motion for more definite statement.,. Motion Hearing set for 11/4/2022 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. 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/mmc General Order 58. Persons granted access to court proceedi ngs 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 11/4/2022 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. (This is a te xt-only entry generated by the court. There is no document associated with this entry.),(tl, COURT STAFF) (Filed on 10/18/2022) |
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Filing 31
ORDER GRANTING STIPULATED REQUEST FOR ORDER EXTENDING TIME TO FILE AMENDED COMPLAINT AND TO ANSWER OR OTHERWISE RESPOND TO AMENDED COMPLAINT. Plaintiff shall file his amended complaint no later than October 21, 2022, and Ceruvia Lifesciences and Carey Turnbull shall have until November 21, 2022, to answer or otherwise respond to the amended complaint. Signed by Judge Maxine M. Chesney on October 11, 2022. (mmclc1, COURT STAFF) (Filed on 10/11/2022)
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| Filing 30 Stipulated Request for Order Extending Time to file Amended Complaint and to otherwise respond to Amended Complaint filed by Scott Freeman, Ceruvia Lifesciences and Carey Turnbull's . (Reilly, Megan) (Filed on 10/10/2022) Modified on 10/11/2022 (anj, COURT STAFF). |
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Filing 29
ORDER APPROVING STIPULATED REQUEST. Plaintiff shall respond to the motions to dismiss no later than October 21, 2022. The Stipulating Defendants shall file any responsive pleading and/or bring any counterclaims in response to Plaintiff's amended complaint no later than November 21, 2022. Signed by Judge Maxine M. Chesney on October 4, 2022. (mmclc1, COURT STAFF) (Filed on 10/4/2022)
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| Set/Reset Deadlines as to #8 Defendant Stephen Hurst's Notice of Motion and Motion to Dismiss for Lack of Jurisdiction, #6 Notice of Motion and Motion to Dismiss or Motion for more definite statement. Responses due by 10/21/2022. (tl, COURT STAFF) (Filed on 10/4/2022) |
| Filing 28 Stipulated Request for Order Extending Time to Respond to Defendants' Motion to Dismiss and Motion for a More Definite Statement filed by Scott Freeman, Nico Forte, Savant HWP, Inc., Sunray Asset Management, Inc., and Stephen Hurst. (Reilly, Megan) (Filed on 9/30/2022) Modified on 10/3/2022 (anj, COURT STAFF). |
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Filing 27
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. The application of Rew R. Goodenow is granted. Signed by Judge Maxine M. Chesney on September 30, 2022. (mmclc1, COURT STAFF) (Filed on 9/30/2022)
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Filing 26
ORDER DIRECTING DEFENDANT RUSSELL BURBANK TO SUBMIT COURTESY COPIES OF NOTICE OF REMOVAL AND EXHIBITS ATTACHED THERETO. Signed by Judge Maxine M. Chesney on September 28, 2022. (mmclc1, COURT STAFF) (Filed on 9/28/2022)
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| Filing 25 Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17571802.) Filing fee previously paid on 9/27/2022 filed by Nico Forte, Stephen Hurst, Savant HWP, Inc., Sunray Asset Management, Inc.. (Goodenow, Rew) (Filed on 9/28/2022) |
| Filing 24 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17571802.) filed by Nico Forte, Stephen Hurst, Savant HWP, Inc., Sunray Asset Management, Inc.. (Goodenow, Rew) (Filed on 9/27/2022) |
| Filing 23 GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. The application of Megan M. Reilly is granted. Signed by Judge Maxine M. Chesney on September 27, 2022. (mmclc1, COURT STAFF) (Filed on 9/27/2022) |
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Filing 22
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. The application of Lindsey R. ("Reid") Skibell is granted. Signed by Judge Maxine M. Chesney on September 27, 2022. (mmclc1, COURT STAFF) (Filed on 9/27/2022)
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Filing 21
ORDER GRANTING STIPULATED REQUEST FOR ORDER EXTENDING TIME TO RESPOND TO DEFENDANTS NICO FORTE, SAVANT HWP, INC., AND SUNRAY ASSET MANAGEMENT, INC.'S MOTION TO DISMISS OR MOTION FOR A MORE DEFINITE STATEMENT. Plaintiff shall oppose the Motion Defendants' Motion no later than September 30, 2022. Signed by Judge Maxine M. Chesney on September 27, 2022. (mmclc1, COURT STAFF) (Filed on 9/27/2022)
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Filing 20
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 1/6/2023 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. Joint Case Management Statement due by 12/30/2022.. Signed by Judge Maxine M. Chesney on 9/27/2022. (tl, COURT STAFF) (Filed on 9/27/2022)
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| Set/Reset Deadlines as to #8 Defendant Stephen Hurst's Notice of Motion and Motion to Dismiss for Lack of Jurisdiction, #6 Notice of Motion and Motion to Dismiss or Motion for more definite statement. Motion Hearing set for 11/4/2022 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tl, COURT STAFF) (Filed on 9/27/2022) |
| Filing 19 Rule 7.1 Disclosures by Sunray Asset Management, Inc. (Shea, Zachary) (Filed on 9/22/2022) |
| Filing 18 Rule 7.1 Disclosures by Savant HWP, Inc. (Shea, Zachary) (Filed on 9/22/2022) |
| Filing 17 Stipulated Request for Order Extending Time to Respond to Defendants' Motion to Dismiss and Motion for a More Definite Statement filed by Scott Freeman, Nico Forte, Savant HWP, Inc., and Sunray Asset Management, Inc.. (Agre, Lyn) (Filed on 9/22/2022) Modified on 9/23/2022 (anj, COURT STAFF). |
| Filing 16 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17560135.) filed by Scott Freeman. (Reilly, Megan) (Filed on 9/22/2022) |
| Filing 15 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17560072.) filed by Scott Freeman. (Skibell, L. Reid) (Filed on 9/22/2022) |
| Filing 14 Defendants Sunray Asset Management, Inc., Savant HWP, Inc. and Nico Forte's Amended Notice of Motion to Dismiss or Motion for more definite statement by Nico Forte, Savant HWP, Inc., Sunray Asset Management, Inc. re #6 Notice of Motion and Motion to Dismiss or Motion for more definite statement (Shea, Zachary) (Filed on 9/22/2022) Modified on 9/22/2022 (anj, COURT STAFF). |
| Filing 13 Defendant Stephen Hurst's Amended Notice of Motion and Motion to Dismiss by Stephen Hurst re #8 Defendant Stephen Hurst's Notice of Motion and Motion to Dismiss for Lack of Jurisdiction (Shea, Zachary) (Filed on 9/22/2022) Modified on 9/22/2022 (anj, COURT STAFF). |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Maxine M. Chesney for all further proceedings. Magistrate Judge Donna M. Ryu 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 The Clerk on 09/21/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(jrs, COURT STAFF) (Filed on 9/21/2022)
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| Filing 11 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. (ig, COURT STAFF) (Filed on 9/20/2022) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Nico Forte, Stephen Hurst, Savant HWP, Inc., Sunray Asset Management, Inc... (Shea, Zachary) (Filed on 9/19/2022) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Scott Freeman.. (Agre, Lyn) (Filed on 9/19/2022) |
| Filing 8 Defendant Stephen Hurst's Notice of Motion and Motion to Dismiss for Lack of Jurisdiction filed by Stephen Hurst. Motion Hearing set for 10/27/2022 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 10/3/2022. Replies due by 10/11/2022. (Shea, Zachary) (Filed on 9/19/2022) Modified on 9/20/2022 (anj, COURT STAFF). |
| Filing 7 CLERK'S NOTICE TO PLAINTIFF AND DEFENDANTS Re: Consent or Declination: Plaintiff and Defendants shall file a consent or declination to proceed before a magistrate judge. 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 9/19/2022. (ig, COURT STAFF) (Filed on 9/12/2022) |
| Filing 6 Notice of Motion and Motion to Dismiss or Motion for more definite statement filed by Nico Forte, Savant HWP, Inc., Sunray Asset Management, Inc.. Motion Hearing set for 10/27/2022 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 9/23/2022. Replies due by 9/30/2022. (Shea, Zachary) (Filed on 9/9/2022) Modified on 9/12/2022 (anj, COURT STAFF). |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/30/2022. Initial Case Management Conference set for 12/7/2022 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (anj, COURT STAFF) (Filed on 9/6/2022) |
| Filing 4 Notice of Consent to Removal by Nico Forte, Stephen Hurst, Savant HWP, Inc., Sunray Asset Management, Inc. re #1 Notice of Removal (Shea, Zachary) (Filed on 9/2/2022) Modified on 9/6/2022 (anj, COURT STAFF). |
| Filing 3 Case assigned to Magistrate Judge Donna M. Ryu. 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 9/16/2022. (jrs, COURT STAFF) (Filed on 9/2/2022) |
| Filing 2 Civil Cover Sheet by Russell Burbank . (Miller, Rory) (Filed on 9/2/2022) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court for the County of San Mateo. Their case number is 22CIV03024. (Filing fee $402 receipt number ACANDC-17503047). Filed by Russell Burbank. (Miller, Rory) (Filed on 9/2/2022) Modified on 9/6/2022 (anj, COURT STAFF). |
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