Medifast, Inc. et al v. Minkow et al Featured Case

Plaintiff: Medifast, Inc. and Bradley MacDonald
Defendant: Barry Minkow, Fraud Discovery Institute, Inc., Robert L. Fitzpatrick, Tracy Coenen, Sequence, Inc., William Lobdell, iBuisness Reporting and Zeeyourself
Case Number: 3:2010cv00382
Filed: February 17, 2010
Court: California Southern District Court
Office: San Diego Office
County: XX US, Outside State
Referring Judge: William McCurine
Presiding Judge: Janis L. Sammartino
Nature of Suit: Assault Libel & Slander
Cause of Action: 28:1331 Fed. Question: Personal Injury
Jury Demanded By: Plaintiff

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
May 4, 2010 44 MOTION to Strike 11 Amended Complaint, [Special Anti-SLAPP Motion] by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Attachments: # 1 Memo of Points and Authorities in Support of Special Anti-SLAPP Motion to Strike Plaintiffs' Amended Complaint, # 2 Declaration of Barry Minkow in Support of Special Anti-SLAPP Motion to Strike Plaintiffs' First Amended Complaint)(Weber, Robert)
May 4, 2010 43 MOTION to Dismiss Pursuant to FRCP 12(B)(6) by Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, iBuisness Reporting. (Attachments: # 1 Memo of Points and Authorities in Support of Motion to Dismiss (FRCP 12(B)(6))(Weber, Robert)
May 4, 2010 42 Ex Parte MOTION for Leave to File a Reply Brief by Medifast, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Neil, Michael)
May 3, 2010 41 Featured Case Notice of Document Discrepancy and Order Thereon by Judge Janis L. Sammartino Rejecting Document: 38 and 39 Amended Documents from Plaintiffs Bradley MacDonald, Medifast, Inc. Non-compliance with local rule(s), OTHER: Reply brief not permitted or solicited by Court. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Janis L. Sammartino on 5/3/10.(All non-registered users served via U.S. Mail Service)(mkz)
May 3, 2010 40 Featured Case Notice of Document Discrepancy and Order Thereon by Judge Janis L. Sammartino Rejecting Document: 37 Reply to Response to Motion from Plaintiffs Bradley MacDonald, Medifast, Inc. Non-compliance with local rule(s), OTHER: Reply brief not permitted or solicited by Court. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Janis L. Sammartino on 5/3/10.(All non-registered users served via U.S. Mail Service)(mkz)
May 3, 2010 39 STRICKEN DOCUMENT: AMENDED DOCUMENT by Medifast, Inc.. Amendment to 37 Reply to Response to Motion, Exhibits E-F. (Attachments: # 1 Proof of Service)(McCabe, Hugh) Modified on 5/3/2010 to strike per 41 Order (mkz).
May 3, 2010 38 STRICKEN DOCUMENT: AMENDED DOCUMENT by Medifast, Inc.. Amendment to 37 Reply to Response to Motion, Exhibits A-D. (Attachments: # 1 Proof of Service)(McCabe, Hugh) Modified on 5/3/2010 to strike per 41 Order(mkz).
May 3, 2010 37 STRICKEN DOCUMENT: REPLY to Response to Motion re 31 Ex Parte MOTION to Continue Scheduling Order Dates on Motions to Strike filed by Bradley MacDonald, Medifast, Inc.. (Attachments: # 1 Declaration McCabe Declaration, # 2 Declaration Giacovas Declaration, # 3 Exhibit Exhibit a-d to Giacovas Declaration, # 4 Exhibit Exhibit E-F to Giacovas Declaration, # 5 Proof of Service)(Cohen, Lainie) Modified on 5/3/2010 to strike per 40 Order(mkz).
April 30, 2010 36 RESPONSE in Opposition re 31 Ex Parte MOTION to Continue Scheduling Order Dates on Motions to Strike filed by Robert L. Fitzpatrick. (Attachments: # 1 Affidavit of Christopher E. Grell in Opposition to Plaintiffs' Ex Parte Motion, # 2 Certificate of Service)(Grell, Christopher) (mkz).
April 30, 2010 34 RESPONSE in Opposition re 31 Ex Parte MOTION to Continue Scheduling Order Dates on Motions to Strike filed by Tracy Coenen, Sequence, Inc.. (Attachments: # 1 Proof of Service)(Plaskin, Leah) (mkz).
April 30, 2010 33 Featured Case ORDER: Staying Briefing Schedule: The briefing schedule previously set by the Court for Defendants Coenen and Sequence, Inc.'s anti-SLAPP motion is hereby vacated. The Court will reset the briefing schedule when it rules on Plaintiff's motion. Signed by Judge Janis L. Sammartino on 4/30/2010.(leh) (jrl).
April 29, 2010 32 CERTIFICATE OF SERVICE by Medifast, Inc. re 29 Notice of Appearance of Hugh A. McCabe (McCabe, Hugh) (mkz).
April 28, 2010 35 Featured Case Transfer ORDER: Magistrate Judge Nita L. Stormes is no longer assigned to case and Magistrate Judge Bernard G. Skomal is now assigned to the case. The new case number is 10cv382JLS(BGS). Signed by Magistrate Judge Nita L. Stormes on 4/28/10.(All non-registered users served via U.S. Mail Service)(av1)
April 28, 2010 31 Ex Parte MOTION to Continue Scheduling Order Dates on Motions to Strike by Bradley MacDonald, Medifast, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(McCabe, Hugh) (mkz).
April 28, 2010 30 NOTICE of Appearance by Dane Joseph Bitterlin on behalf of Bradley MacDonald, Medifast, Inc. (Attachments: # 1 Proof of Service)(Bitterlin, Dane) (mkz).
April 28, 2010 29 NOTICE of Appearance by Hugh Anthony McCabe on behalf of Bradley MacDonald, Medifast, Inc. (Attachments: # 1 Proof of Service)(McCabe, Hugh) Modified on 4/29/2010, atty contacted re pos (mkz).
April 28, 2010 28 NOTICE of Table of Contents re 19 MOTION to Strike Plaintiff's Complaint by Robert L. Fitzpatrick. (Attachments: # 1 Appendix Table of Contents and Table of Authorities)(Grell, Christopher) Modified on 4/29/2010 to term motion, edit event (mkz).
April 28, 2010 27 Featured Case Notice of Document Discrepancy and Order Thereon by Judge Janis L. Sammartino Rejecting Document: 26 Joint Motion for Extension of Time to File Answer from Plaintiffs Bradley MacDonald, Medifast, Inc. Non-compliance with local rule(s), ECF 2(f): Lacking proper signature. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Janis L. Sammartino on 4/28/10.(All non-registered users served via U.S. Mail Service)(mkz)
April 27, 2010 26 DOCUMENT STRICKEN: Joint MOTION for Extension of Time to File Answer for Defendants Barry Minkow, Fraud Discovery Institute, Inc. and Robert Fitzpatrick by Bradley MacDonald, Medifast, Inc.. (Attachments: # 1 Proof of Service)(Hall, David) Modified on 4/28/2010 to strike per 27 Order (mkz).
April 27, 2010 25 NOTICE of Exhibits in Support of 20 Affidavit of Christopher Grell by Robert L. Fitzpatrick. (Attachments: # 1 Exhibit X-AA, # 2 Exhibit BB-EE, # 3 Exhibit FF-II, # 4 Proof of Service Certificate of Service)(Grell, Christopher) Modified on 4/28/2010 (mkz).
April 27, 2010 24 NOTICE of Exhibits in Support of 20 Affidavit of Christopher Grellby Robert L. Fitzpatrick. (Attachments: # 1 Exhibit M-R, # 2 Exhibit S-W)(Grell, Christopher) Modified on 4/28/2010 (mkz).
April 27, 2010 23 NOTICE of Exhibits in Support of 20 Affidavit of Christopher Grell, by Robert L. Fitzpatrick. (Attachments: # 1 Exhibit C-G, # 2 Exhibit H-L)(Grell, Christopher) Modified on 4/28/2010 to term motion, atty contacted (mkz).
April 27, 2010 22 Featured Case ORDER of Recusal: A telephonic Status conference was held on 4/27/10. Magistrate Judge William McCurine, Jr is no longer assigned to case and Magistrate Judge Nita L. Stormes is now assigned to the case. The new case number is 10cv382 JLS (NLS). Signed by Magistrate Judge William McCurine, Jr on 4/27/10.(All non-registered users served via U.S. Mail Service)(mkz) (jrl).
April 27, 2010 21 Featured Case ORDER Setting Briefing Schedule: The Court set a hearing date of 7/1/10 for Defendant Robert L. Fitzpatrick's 19 special motion to strike the first amended complaint. Responses due by 5/14/2010, Replies due by 5/21/2010. Signed by Judge Janis L. Sammartino on 4/27/10.(All non-registered users served via U.S. Mail Service)(mkz) (jrl).
April 27, 2010 20 AFFIDAVIT of Christopher E. Grell in Support of 19 MOTION to Strike Plaintiff's Complaint by Robert L. Fitzpatrick. (Attachments: # 1 Exhibit A, # 2 Exhibit 1-4)(Grell, Christopher) Modified on 4/27/2010 to edit event, term motion (mkz).
April 27, 2010 19 MOTION to Strike Plaintiff's Complaint by Robert L. Fitzpatrick. (Attachments: # 1 Memo of Points and Authorities Special Motion to Strike)(Grell, Christopher) Modified on 4/27/2010 to edit text (mkz).
April 22, 2010 18 ANSWER to 11 Amended Complaint, by Sequence, Inc., Tracy Coenen. (Attachments: # 1 Proof of Service)(Plaskin, Leah)(mkz).
April 21, 2010 17 Summons Issued on First Amended Complaint as to Tracy Coenen, Robert L. Fitzpatrick, Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, Sequence, Inc., Thomas Ziemann, iBuisness Reporting. (mkz)
April 21, 2010 16 Featured Case ORDER Scheduling Telephonic Status Conference: A telephonic Settlement Disposition Conference will be held on 4/27/2010 at 03:00 PM before Magistrate Judge William McCurine Jr.. Signed by Magistrate Judge William McCurine, Jr on 4/21/10.(All non-registered users served via U.S. Mail Service)(mkz) (jrl).
April 20, 2010 15 Notice and Order for Telephonic Early Neutral Evaluation Conference: A telephonic ENE will be held on 5/5/2010 at 04:30 PM before Magistrate Judge William McCurine Jr. Signed by Magistrate Judge William McCurine, Jr on 4/20/10.(All non-registered users served via U.S. Mail Service)(mkz) (jrl).
April 19, 2010 14 Featured Case ORDER Setting Briefing Schedule: The Court set a hearing date of 6/3/10 for Defendant's 12 Special Motion to Strike. Responses due by 5/3/2010, Replies due by 5/10/2010. Signed by Judge Janis L. Sammartino on 4/16/10.(All non-registered users served via U.S. Mail Service)(mkz) (jrl).
April 16, 2010 13 NOTICE Regarding Exhibit Attachment by Tracy Coenen, Sequence, Inc. re 12 MOTION to Strike 11 Amended Complaint, MOTION to Strike 11 Amended Complaint, (Attachments: # 1 Exhibits A - E, # 2 Exhibits F - I, # 3 Exhibits J - N, # 4 Exhibits O - S, # 5 Exhibits T - X, # 6 Exhibit Y (Pages 1 - 82), # 7 Exhibit Y (Pages 83 - 164), # 8 Exhibit Y (Pages 165 - 246), # 9 Exhibit Z (Pages 1 - 128), # 10 Exhibit Z (Pages 129 - 255), # 11 Exhibit AA)(Plaskin, Leah) (mkz).
April 16, 2010 12 MOTION to Strike 11 Amended Complaint, by Tracy Coenen, Sequence, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Dec of Tracy Coenen, # 3 Dec of Leah A. Plaskin, # 4 Dec of Stephen M. Duvernay, Esq., # 5 Proof of Service)(Plaskin, Leah) (mkz).
April 12, 2010 11 AMENDED COMPLAINT with Jury Demand against Tracy Coenen, Robert L. Fitzpatrick, Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, Sequence, Inc., Zeeyourself, iBuisness Reporting, filed by Bradley MacDonald, Medifast, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibits 2-10, # 3 Exhibits 11-18, # 4 Exhibits 19-24, # 5 Exhibits 25-28, # 6 Exhibit 29, # 7 Exhibits 30-31, # 8 Proof of Service)(Cohen, Lainie) Modified on 4/13/2010, atty contacted re correct filer (mkz).
April 12, 2010 10 NOTICE of Motion re 7 Motion to Strike Tracy Coenen, Sequence, Inc. (Attachments: # 1 Proof of Service)(Plaskin, Leah) Modified on 4/13/2010 to edit text (mkz).
April 12, 2010 9 Featured Case ORDER Setting Briefing Schedule: The Court set a hearing date of 6/3/10 for Defendant's 7 special motion to strike. Responses due by 4/30/2010, Replies due by 5/7/2010. Signed by Judge Janis L. Sammartino on 4/12/10.(All non-registered users served via U.S. Mail Service)(mkz) (jrl).
April 12, 2010 8 NOTICE Regarding Exhibit Attachment by Tracy Coenen, Sequence, Inc. re 7 MOTION to Strike Plaintiffs' Complaint (Attachments: # 1 Exhibit Exhibits A thru E, # 2 Exhibit F thru I, # 3 Exhibit J thru N, # 4 Exhibit O thru S, # 5 Exhibit T thru X, # 6 Exhibit Y (Pgs 1-82), # 7 Exhibit Y (Pgs 83-164), # 8 Exhibit Y (Pgs 165-246))(Plaskin, Leah) (mkz).
April 12, 2010 7 MOTION to Strike Plaintiffs' Complaint by Tracy Coenen, Sequence, Inc.. (Attachments: # 1 Declaration of Tracy Coenen, # 2 Declaration of Leah A. Plaskin, # 3 Declaration of Stephen M. Duvernay, # 4 Proof of Service)(Plaskin, Leah) (mkz).
March 22, 2010 6 ANSWER to 1 Complaint, with Jury Demand by Tracy Coenen, Sequence, Inc.. (Attachments: # 1 Proof of Service)(Rosing, Heather) (mkz).
March 1, 2010 5 PRO HAC VICE APPOINTED: Robert A. Giacovas appearing for Plaintiffs Bradley MacDonald, Medifast, Inc. (All non-registered users served via U.S. Mail Service)(mkz)
February 22, 2010 4 NOTICE of Appearance by Michael Ira Neil on behalf of Medifast, Inc. (Neil, Michael) (mkz).
February 22, 2010 3 NOTICE of Appearance by David P Hall on behalf of Bradley MacDonald, Medifast, Inc. (Hall, David) (mkz).
February 17, 2010 2 Summons Issued as to Tracy Coenen, Robert L. Fitzpatrick, Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, Sequence, Inc., Zeeyourself, iBuisness Reporting. (mkz)
February 17, 2010 1 COMPLAINT with Jury Demand against Tracy Coenen, Robert L. Fitzpatrick, Fraud Discovery Institute, Inc., William Lobdell, Barry Minkow, Sequence, Inc., Zeeyourself, iBuisness Reporting ( Filing fee $ 350 receipt number 10313). Filed by Bradley MacDonald, Medifast, Inc. (Attachments: # 1 Complaint Part 2)(sjt)(mam).

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Search for this case: Medifast, Inc. et al v. Minkow et al
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Plaintiff: Medifast, Inc.
Represented By: Lainie E. Cohen
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Plaintiff: Bradley MacDonald
Represented By: Lainie E. Cohen
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Defendant: Barry Minkow
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Defendant: Fraud Discovery Institute, Inc.
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Defendant: Robert L. Fitzpatrick
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Defendant: Tracy Coenen
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Defendant: Sequence, Inc.
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Defendant: William Lobdell
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Defendant: iBuisness Reporting
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Defendant: Zeeyourself
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