Empower Annuity Insurance Company of America v. Initialized Capital Management LLC
| Empower Annuity Insurance Company of America |
| Initialized Capital Management LLC |
| 3:2024mc80171 |
| July 5, 2024 |
| US District Court for the Northern District of California |
| Lisa J Cisneros |
| Other Statutory Actions |
| Civil Miscellaneous Case |
| None |
Docket Report
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This docket was last retrieved on August 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 14 Minute Entry for proceedings held before Magistrate Judge Lisa J. Cisneros: #1 Motion to Compel Hearing held on 8/29/2024. Total Time in Court: 1 hour and 22 minutes. Court Reporter: Recorded via Liberty: 2:08 p.m.- 3:30 p.m. For Movant: Rebecca Horton, Hogan Lovells US LLP, counsel for Empower Annuity Insurance Company of America. For Respondent: Kate Lazarus, Kwun Bhansali Lazarus LLP, counsel for Icon Ventures.Results: The Court ordered Empower Annuity to provide a supplemental filing by September 5, 2024 modeled on Court's order in Empower Annuity Insurance Company of America v. Sequoia Capital Operations, LLC, No. 24-mc-80061-LJC, ECF No. 37. Specifically, Empower Annuity shall file a declaration and evidence, such as excerpts of deposition testimony and documents produced by Empower Financial, Inc. (EFI) in the underlying litigation in Colorado to support Empower Annuity's contention that Initialized Capital Management, LLC (Initialized) was involved in EFI's branding process or engaged with EFI in a manner such that there will be discovery that is responsive to the claims or defenses in that case. The Court will review the supplemental filing, and make a threshold determination regarding whether third party discovery as to Initialized is permissible. If the Court determines that it is, then the Court will issue an order that resolves the remaining disputed search terms. To the extent that the parties reached an agreement as to certain search terms at the hearing on the motion to compel, Initialized is not required to produce that third party discovery until the Court reviews Empower Annuity's supplemental filing and decides the threshold issue. (bns, COURT STAFF) (Date Filed: 8/29/2024) |
| Filing 13 NOTICE of Refiling re: Dkt. #1 -1 Exhibit F to Deming Declaration by Empower Annuity Insurance Company of America re #1 MOTION to Compel (Attachments: #1 Exhibit F to Dkt [1-1])(Yusa, Miya) (Filed on 8/28/2024) Modified on 8/29/2024 (anj, COURT STAFF). |
| Filing 12 NOTICE of Appearance filed by Rebecca Blaire Horton on behalf of Empower Annuity Insurance Company of America (Horton, Rebecca) (Filed on 8/28/2024) |
| Filing 11 CLERK'S NOTICE SETTING HEARING RE DOCKET NO. #10 . #1 Motion to Compel Hearing set for 8/29/2024 at 02:00 PM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Lisa J. Cisneros. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bns, COURT STAFF) (Filed on 8/7/2024) |
| Filing 10 Renotice motion hearing filed byEmpower Annuity Insurance Company of America. (Yusa, Miya) (Filed on 8/6/2024) |
| Filing 9 REPLY (re #1 MOTION to Compel ) filed byEmpower Annuity Insurance Company of America. (Springer, Colby) (Filed on 7/26/2024) |
Filing 8
ORDER RELATING CASE. Signed by Judge Lisa J. Cisneros on 7/23/2024. (jaf, COURT STAFF) (Filed on 7/23/2024)
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| Filing 7 OPPOSITION/RESPONSE (re #1 MOTION to Compel ) filed byInitialized Capital Management LLC. (Lazarus, Kate) (Filed on 7/19/2024) |
| Filing 6 NOTICE of Appearance by Kate Ellis Lazarus (Lazarus, Kate) (Filed on 7/19/2024) |
| Filing 5 NOTICE of Appearance by Scott William Taylor (Taylor, Scott) (Filed on 7/19/2024) |
| Filing 4 CERTIFICATE OF SERVICE by Empower Annuity Insurance Company of America re #1 MOTION to Compel, #2 Notice of Appearance (Yusa, Miya) (Filed on 7/11/2024) |
| Filing 3 Case assigned to Magistrate Judge Lisa J. Cisneros. (anj, COURT STAFF) (Filed on 7/8/2024) |
| Filing 2 NOTICE of Appearance by Miya Yusa (Yusa, Miya) (Filed on 7/5/2024) |
| Filing 1 MOTION TO COMPEL Compliance with Subpoena against Initialized Capital Management LLC ( Filing fee $ 52, receipt number ACANDC-19590766.). Filed by Empower Annuity Insurance Company of America. (Attachments: #1 Declaration of Mark Deming, #2 Declaration of Colby Springer, #3 Proposed Order)(Springer, Colby) (Filed on 7/5/2024) Modified on 7/8/2024 (jml, COURT STAFF). |
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| Respondent: Initialized Capital Management LLC | |
| Represented By: | Scott William Taylor |
| Represented By: | Kate Ellis Lazarus |
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| Petitioner: Empower Annuity Insurance Company of America | |
| Represented By: | Colby Brian Springer |
| Represented By: | Miya Yusa |
| Represented By: | Rebecca Blaire Horton |
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