STEVEN OWEN v. NESTLE HEALTHCARE NUTRITION, INC.
| Steven Owen |
| Nestle Healthcare Nutrition, Inc. |
| PHV LAURENCE D. KING, PHV MATTHEW B. GEORGE, PHV BLAIR E. REED and PHV MICHAEL D. BRAUN |
| 4:2023cv01018 |
| March 6, 2023 |
| US District Court for the Northern District of California |
| San Francisco Office |
| Phyllis J Hamilton |
| Thomas S Hixson |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 15, 2023. A more recent docket listing may be available from PACER.
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Filing 48
ORDER by Judge Phyllis J. Hamilton granting #45 Motion for Pro Hac Vice as to Joel B. Strauss. (kc, COURT STAFF) (Filed on 3/15/2023)
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Filing 47
ORDER SETTING CASE MANAGEMENT CONFERENCE. Signed by Judge Phyllis J. Hamilton on 3/14/2023. Joint Case Management Statement due by 6/8/2023. Initial Case Management Conference set for 6/15/2023 at 02:00 PM - Videoconference Only. (kc, COURT STAFF) (Filed on 3/14/2023)
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Filing 46
ORDER RELATING CASE. Case C-23-1018-TSH is related to case C-21-9812-PJH. Case reassigned to Judge Phyllis J. Hamilton for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to the case. Signed by Judge Phyllis J. Hamilton on 3/14/2023. (kc, COURT STAFF) (Filed on 3/14/2023)
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Filing 45
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18063914.) filed by Steven Owen. (Strauss, Joel) (Filed on 3/10/2023)
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Filing 44
NOTICE of Appearance by Blair Elizabeth Reed (Reed, Blair) (Filed on 3/10/2023)
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Filing 43
NOTICE of Appearance by Matthew B. George (George, Matthew) (Filed on 3/10/2023)
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Filing 42
NOTICE of Appearance by Laurence D. King (King, Laurence) (Filed on 3/10/2023)
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Filing 41
NOTICE of Appearance by Timothy William Loose (Loose, Timothy) (Filed on 3/7/2023)
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Filing 40
Judicial Referral: Pursuant to Civil Local Rule 3-12(c), the above-entitled case is hereby REFERRED to the Honorable Phyllis J. Hamilton for consideration of whether the case is related to Horti v. Nestle Healthcare Nutrition, Inc., 21-cv-09812-PJH. Signed by Judge Thomas S. Hixson on 3/7/2023. (tshlc1, COURT STAFF) (Filed on 3/7/2023)
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Filing 39
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/1/2023. Initial Case Management Conference set for 6/8/2023 10:00 AM in San Francisco, Courtroom G, 15th Floor. (hdj, COURT STAFF) (Filed on 3/7/2023)
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Filing 38
Case transferred in from District of New Jersey; Case Number 3:22-cv-02855. Original file certified copy of transfer order and docket sheet received.
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Filing 37
ORDER granting #15 Motion to Transfer Case to United States District Court for the District of Northern California ***CIVIL CASE TERMINATED. Signed by Judge Zahid N. Quraishi on 3/6/2023. (kht)
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Filing 36
OPINION filed. Signed by Judge Zahid N. Quraishi on 3/6/2023. (kht)
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Filing 35
NOTICE of Change of Address by JOEL B. STRAUSS (STRAUSS, JOEL)
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Filing 34
REPLY to Response to Motion filed by STEVEN OWEN re #29 MOTION to Dismiss "PLAINTIFF'S SUR-REPLY IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS" (STRAUSS, JOEL)
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Filing 33
LETTER ORDER granting leave for Plaintiff to file Sur-Reply to the Defendant's #31 Reply in Support of #30 Motion to Dismiss. Signed by Judge Zahid N. Quraishi on 12/1/2022. (mg)
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Filing 32
Letter from Joel B. Strauss to the Honorable Judge Zahid N. Quraishi dated November 30, 2022 Requesting to file Sur Reply re #31 Reply Brief to Opposition to Motion, #30 Response in Opposition to Motion. (STRAUSS, JOEL)
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Filing 31
REPLY BRIEF to Opposition to Motion filed by NESTLE HEALTHCARE NUTRITION, INC. re #29 MOTION to Dismiss (SILVANO, STEPHANIE)
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Filing 30
RESPONSE in Opposition filed by STEVEN OWEN re #29 MOTION to Dismiss (STRAUSS, JOEL)
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Set Deadlines as to #29 MOTION to Dismiss . Motion set for 11/7/2022 before Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg)
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Filing 29
MOTION to Dismiss by NESTLE HEALTHCARE NUTRITION, INC.. Responses due by 11/7/2022. (Attachments: #1 Defendant Nestle Healthcare Nutrition, Inc.'s Memorandum of Law in Support of its Motion to Dismiss, #2 Declaration of Stephanie L. Silvano, #3 Exhibit 1- Boost Amazon Product Page, #4 Exhibit 2- CDC Webpage, #5 Text of Proposed Order, #6 Certificate of Service)(SILVANO, STEPHANIE)
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CLERK'S QUALITY CON/TROL MESSAGE - The #26 and #28 submitted by The Clerk's Office on 9/23/2022 and 9/26/2022 appear to be duplicates. These submissions will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (jdg)
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Filing 28
STIPULATION AND ORDER that Defendant shall file its motion to dismiss on 10/7/2022; it is further ordered that Plaintiff shall file his opposition to the Motion to Dismiss by 11/7/2022; and it is further ordered that Defendant shall file its Reply in Support of its Motion to Dismiss by 11/23/2022. Signed by Magistrate Judge Douglas E. Arpert on 9/26/2022. (jdg)
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Pro Hac Vice counsel, MICHAEL D. BRAUN, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jdg)
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Filing 27
Notice of Request by Pro Hac Vice Michael D. Braun to receive Notices of Electronic Filings. (STRAUSS, JOEL)
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Filing 26
JOINT STIPULATION AND ORDER extending Defendants' time to file its Motion to Dismiss until 10/7/2022; and it is further ordered that Plaintiff shall file his opposition to the motion to Dismiss by 11/7/2022; and Defendant shall file its Reply in Support of its Motion to Dismiss by 11/23/2022. Signed by Judge Zahid N. Quraishi on 9/23/2022. (jdg)
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Filing 25
STIPULATION re 24 Order, [Joint Stipulation and (Proposed) Order to Extend Motion to Dismiss Briefing Schedule] by STEVEN OWEN. (STRAUSS, JOEL)
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Pro Hac Vice fee received as to Michael D. Braun $ 150, receipt number TRE128481 (jal, )
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Filing 24
AMENDMENT TO 23 TEXT ORDER: That in accordance with the teleconference conducted in this matter by the undersigned, Defendant is hereby instructed to file its Motion to Dismiss, limited to the grounds set forth in its pre-motion letter, by no later than 10/7/2022. So Ordered by Judge Zahid N. Quraishi on 9/7/2022. (kas)
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Filing 23
TEXT ORDER: Defendant to file Motion to Dismiss by no later than 10/7/2022. So Ordered by Judge Zahid N. Quraishi on 9/7/2022. (kas)
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Text Minute Entry for proceedings held before Judge Zahid N. Quraishi: Telephone Conference held on 9/7/2022. (kas)
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Pro Hac Vice counsel, LAURENCE D. KING, MATTHEW B. GEORGE and BLAIR E. REED, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (mg)
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Filing 22
Notice of Request by Pro Hac Vice Blair E. Reed to receive Notices of Electronic Filings. (STRAUSS, JOEL)
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Filing 21
Notice of Request by Pro Hac Vice Matthew B. George to receive Notices of Electronic Filings. (STRAUSS, JOEL)
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Filing 20
Notice of Request by Pro Hac Vice Laurence D. King to receive Notices of Electronic Filings. (STRAUSS, JOEL)
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Pro Hac Vice fee received as to Laurence D. King, Matthew B. George and Blair E. Reed: $ 450, receipt number TRE128317 (in-cmk, )
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Filing 19
REPLY BRIEF to Opposition to Motion filed by NESTLE HEALTHCARE NUTRITION, INC. re #15 MOTION to Transfer Case to United States District Court for the Northern District of California MOTION to Stay (SILVANO, STEPHANIE)
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Filing 18
ORDER granting #8 Motion for Leave to Appear Pro Hac Vice as to Laurence D. King, Matthew B. George, Blair E. Reed and Michael D. Braun. Signed by Magistrate Judge Douglas E. Arpert on 8/24/2022. (jdg)
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Filing 17
RESPONSE in Opposition filed by STEVEN OWEN re #15 MOTION to Transfer Case to United States District Court for the Northern District of California MOTION to Stay (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(STRAUSS, JOEL)
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Filing 16
TEXT ORDER that a conference call is hereby scheduled for 9/7/2022 at 10:00 a.m. Counsel will receive call-in instructions via email. So Ordered by Judge Zahid N. Quraishi on 8/23/2022. (kas)
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Set Deadlines as to #15 MOTION to Transfer Case to United States District Court for the Northern District of California MOTION to Stay . Motion set for 9/6/2022 before Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg)
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Filing 15
MOTION to Transfer Case to United States District Court for the Northern District of California , MOTION to Stay by NESTLE HEALTHCARE NUTRITION, INC.. (Attachments: #1 Memorandum of Law in Support of Motion to Transfer Case or for a Stay, #2 Declaration of Stephanie L. Silvano in support of Motion to Transfer Case or for a Stay, #3 Exhibit A - Horti v. Nestle Complaint, #4 Text of Proposed Order, #5 Certificate of Service)(SILVANO, STEPHANIE)
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Filing 14
Letter from Joel B. Strauss re #13 Letter. (STRAUSS, JOEL)
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Filing 13
Letter from Stephanie L. Silvano to the Honorable Judge Zahid N. Quraishi dated August 5, 2022 requesting pre-motion conference in anticipation of motion to dismiss. (SILVANO, STEPHANIE)
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Filing 12
TEXT ORDER that the Court has reviewed the parties' letters #9 and #11 regarding Defendant's intention to file a motion to stay or transfer this matter. The Court hereby waives the pre-motion conference and orders Defendant to file its motion, limited to the bases identified in its letter, by no later than 08/12/2022. So Ordered by Judge Zahid N. Quraishi on 08/03/2022. (Gonzalez, P)
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Filing 11
Letter re #9 Letter. (STRAUSS, JOEL)
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Clerk`s Text Order - The #10 Application for Clerk's Extending Time to Answer submitted by NESTLE HEALTHCARE NUTRITION, INC. has been GRANTED. The answer due date has been set for 8/8/2022. (jdg)
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Filing 10
Application and Proposed Order for Clerk's Order to extend time to answer as to Nestle Healthcare Nutrition, Inc... (SILVANO, STEPHANIE)
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Filing 9
Letter from Stephanie L. Silvano to the Hon. Judge Zahid N. Quraishi requesting a pre-motion conference. (SILVANO, STEPHANIE)
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Filing 8
MOTION for Leave to Appear Pro Hac Vice [Plaintiff's Notice of Motion for the Pro Hac Vice Admissions of Attorneys Laurence D. King, Matthew B. George, Blair E. Reed, and Michael D. Braun] by STEVEN OWEN. (Attachments: #1 Declaration of Joel B Strauss, Sponsoring Local Counsel, in Support of Motion, #2 Declaration of Laurence D. King, #3 Declaration of Matthew B. George, #4 Declaration of Blair E. Reed, #5 Declaration of Michael D. Braun, #6 Text of Proposed Order)(STRAUSS, JOEL)
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Set Deadlines as to #8 MOTION for Leave to Appear Pro Hac Vice [Plaintiff's Notice of Motion for the Pro Hac Vice Admissions of Attorneys Laurence D. King, Matthew B. George, Blair E. Reed, and Michael D. Braun]. Motion set for 7/18/2022 before Magistrate Judge Douglas E. Arpert. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg)
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Filing 7
NOTICE of Appearance by STEPHANIE LYNN SILVANO on behalf of NESTLE HEALTHCARE NUTRITION, INC. (SILVANO, STEPHANIE)
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Filing 6
WAIVER OF SERVICE Returned Executed by STEVEN OWEN. NESTLE HEALTHCARE NUTRITION, INC. waiver sent on 5/24/2022, answer due 7/25/2022. (STRAUSS, JOEL)
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Filing 5
NOTICE of Appearance by ROSS B. ROTHENBERG on behalf of STEVEN OWEN (ROTHENBERG, ROSS)
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Filing 4
SUMMONS ISSUED as to NESTLE HEALTHCARE NUTRITION, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (kht)
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Judge Zahid N. Quraishi and Magistrate Judge Douglas E. Arpert added. (kht)
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Filing 3
Request for Summons to be Issued by STEVEN OWEN as to NESTLE HEALTHCARE NUTRITION, INC.. (STRAUSS, JOEL)
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Filing 2
Corporate Disclosure Statement by STEVEN OWEN identifying none as Corporate Parent.. (STRAUSS, JOEL)
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Filing 1
COMPLAINT against NESTLE HEALTHCARE NUTRITION, INC. ( Filing and Admin fee $ 402 receipt number ANJDC-13414247) with JURY DEMAND, filed by STEVEN OWEN. (Attachments: #1 Civil Cover Sheet)(STRAUSS, JOEL)
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