Obesity Research Institute, LLC v. Fiber Research International, LLC et al
| Obesity Research Institute, LLC |
| Fiber Research International, LLC and DOES 1-10, inclusive |
| Fiber Research International, LLC |
| Obesity Research Institute, LLC |
| 3:2015cv00595 |
| March 16, 2015 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Cynthia Bashant |
| Mitchell D. Dembin |
| Other Statutory Actions |
| 15 U.S.C. ยง 1125 |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
502
ORDER Granting 479 FRI's Motion to File Documents Under Seal; Granting 481 FRI's Renewed Motion to File Documents Under Seal; Granting in Part and Denying in Part 483 ORI's Motion to File Documents Under Seal; Granting 487 ORI& #039;s Motion to File Documents Under Seal; and Granting 489 FRI's Motion to File Documents Under Seal. If the parties wish to re-file any denied request, addressing the defects identified in this order, it may do so no later than 8/7/2018 aft er the issuance of this order. Otherwise, the parties are instructed to file the unredacted or redacted versions of the aforementioned documents as directed by the Court in this Order on the public docket no later than 8/7/2018 after the issuance of this order. Signed by Judge Cynthia Bashant on 8/1/2018. (rmc)
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Filing
467
ORDER Granting in Part and Denying in Part 453 ORI's Motion to File Documents Under Seal; and Granting in Part and Denying in Part 461 FRI's Motion to File Documents Under Seal. The Court: (1) grants in part and denies in part ORI' s request to file documents under seal in ECF No. 453. The Clerk of the Court is directed to file the following exhibit under seal: ECF No. 454-6; and (2) grants in part and denies in part FRI's request to file documents under seal in ECF No. 46 1. The Clerk of the Court is directed to file the following exhibit under seal: ECF No. 462-1. If the parties wish to re-file any denied request, addressing the defects identified in this order, it may do so no later than 7/25/2018 after the issuance of this order. Otherwise, the parties are instructed to file the unredacted or redacted versions of the aforementioned documents as directed by the Court in this Order on the public docket no later than 7/25/2018 after the issuance of this order. Signed by Judge Cynthia Bashant on 7/18/2018. (rmc)
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Filing
445
ORDER denying Plaintiff's 442 Motion to Certify Portions of the Summary Judgment Order for Interlocutory Review. Signed by Judge Cynthia Bashant on 4/16/2018. (jah)
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Filing
439
ORDER granting in part and denying in part Defendant Fiber Research International, LLC's 339 Motion for Partial Summary Judgment; granting in part and denying in part Plaintiff Obesity Research Institute, LLC's 345 Cross Motion for Summary Judgment. Court orders the parties to jointly contact Magistrate Judge Dembin by 2/28/2018 to reset any necessary dates. Signed by Judge Cynthia Bashant on 2/21/2018. (jah)
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Filing
433
ORDER: (1) Granting Motion to File Documents Under Seal (ECF Nos. 426 , 428 ) and (2) Granting In Part and Denying in Part Motion to File Documents Under Seal (ECF No. 430 ). Signed by Judge Cynthia Bashant on 12/8/2017. (mxn)
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Filing
411
ORDER denying 385 Plaintiff's MOTION to Strike the Expert Report of Richard Hoffman and Preclude His Testimony at Trial. Signed by Magistrate Judge Mitchell D. Dembin on 9/19/17. (Dembin, Mitchell)
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Filing
382
ORDER Overruling 287 OBJECTION to Magistrate Judge's Order Re: Supplemental Disclosures re 272 Order on Motion for Reconsideration (FRCP Rule 60(b) filed by Obesity Research Institute, LLC. Court overrules Obesity Research Institute, LLC's (ORI) to the magistrate judge's 4/8/2016 and 6/7/2016 Orders in its entirety. Signed by Judge Cynthia Bashant on 8/4/2017. (jah)
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Filing
376
ORDER re: Fiber Research International, LLC and Shimizu Chemical Corp.'s 333 Joint Motion to File Documents Under Seal. It is ordered that the Court grants in part and denies in part ORI's motion for leave to file documents under seal in ECF Nos. 216 and 236, and grants the motion in its entirety for ECF Nos. 221, 223, 250, 303, and 318. Where portions of briefs, exhibits, or other documents have been sealed, and if not already available on the public docket, FRI must a lso file these documents with the appropriate redactions on the public docket. More broadly, any documents where leave has not been granted to file under seal, such as documents where FRI has conceded sealing is not warranted, must also be filed on the public docket. Signed by Judge Cynthia Bashant on 7/24/2017. (dxj)
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Filing
357
ORDER OVERRULING OBJECTION. Court cannot reach a "definite and firm conviction that a mistake has been committed" by the magistrate judge, and concludes that the magistrate judge's 5/12/2016 Order is not clearly erroneous. Court overrules Obesity Research Institute, LLC's 264 Objection to Magistrate Judge's May 12, 2016 Order. Signed by Judge Cynthia Bashant on 6/23/2017. (jah)
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Filing
344
ORDER denying 343 Joint Motion re: Plaintiff's Motion to Strike Supplemental Disclosures. Signed by Magistrate Judge Mitchell D. Dembin on 5/17/17. (Dembin, Mitchell)
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Filing
336
ORDER granting Defendant's 192 Motion to Exclude Plaintiff's Non-Retained Expert Witness; denying as moot Plaintiff's 217 Motion to Exclude the Report and Testimony of Dr. Fahey. With the exclusion of Messrs. Salerno, den Uijl, and Ayres, the basis for FRI's designation for Dr. George Fahey as a rebuttal witness to the non-retained expert witnesses no longer exists. Signed by Judge Cynthia Bashant on 3/29/2017. (jah)
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Filing
324
ORDER granting ORI's 280 Motion to File Documents Under Seal; granting FRI's 242 Motion to File Documents Under Seal; granting in part and denying in part Shimizu's 208 Motion to File Documents Under Seal; denying without prej udice, 190 Motion to File Documents Under Seal, 193 Motion to File Documents Under Seal, 216 Motion to File Documents Under Seal, 221 Motion to File Documents Under Seal, 223 Motion to File Documents Under Seal; denying 231 Motion t o File Documents Under Seal, 234 Motion to File Documents Under Seal, 236 Motion to File Documents Under Seal, 247 Motion to File Documents Under Seal, 250 Motion to File Documents Under Seal, 276 Motion to File Documents Under Seal, [ 303] Motion to File Documents Under Seal, 312 Motion to File Documents Under Seal, and 318 Motion to File Documents Under Seal. If the parties wish to re-file any denied request, addressing the defects identified in this Order, it may do so by 3/27/2017 after the issuance of this Order. The parties are otherwise instructed to file the unredacted versions of the documents on the public docket by 3/27/2017. Signed by Judge Cynthia Bashant on 3/17/2017. (jah)
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Filing
272
ORDER granting in part and denying in part 249 Plaintiff's MOTION for Reconsideration re 205 Order Striking Portions of Plaintiff's Supplemental Disclosures. As provided herein, the supplemental disclosure of Wendi Wang as a witness may stand. In all other respects, the Court's Order of April 8, 2016, 205 , is confirmed. Signed by Magistrate Judge Mitchell D. Dembin on 6/7/16. (Dembin, Mitchell)
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Filing
255
ORDER granting 210 Joint MOTION for Discovery Regarding Fiber Research's Motion to Deem Matters Admitted. As provided herein, Defendant's motion to deem admitted Requests for Admission 4-8 and 18-19, presented in the instant Joint Motion, is GRANTED. Signed by Magistrate Judge Mitchell D. Dembin on 5/12/16. (Dembin, Mitchell)
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Filing
219
ORDER on Fiber Research's 102 Motion for Attorneys' Fees. The Court Grants Fiber Research's motion for attorneys' fees and Orders Obesity Research to pay Fiber Research $28,260.00 within 30 days of this Order, absent further order of the Court or agreement of the parties. Signed by Magistrate Judge Mitchell D. Dembin on 4/18/2016. (rlu)
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Filing
205
ORDER granting in part and denying in part 171 Defendant's Motion to Strike Plaintiff's First Supplemental Initial Disclosures as presented in the instant Joint Motion. As provided herein, Plaintiff is precluded, absent further order from the Court, from using Brian Salerno, other than as a non-retained expert witness, Wendy Wang, Ron Ovadia, Steven Snyder, Gayle Bensussen, Certain 30(b)(6) Witnesses, Patience Hannah, Angela Emmerson, Bradley Sutton, or Jamie Stein to supply evidence on a motion, at a hearing, or at a trial in this case.Signed by Magistrate Judge Mitchell D. Dembin on 4/8/16. (Dembin, Mitchell)
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Filing
203
ORDER denying 147 Plaintiff's Application for an Order to Show Cause Why Rieu Shimizu Should Not Be Held in Contempt (filed as Motion for Discovery). As provided herein, the Court finds that it lacks personal jurisdiction over Mr. Shimizu. Signed by Magistrate Judge Mitchell D. Dembin on 4/6/16. (Dembin, Mitchell)
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Filing
151
ORDER granting in part and denying in part 123 Joint MOTION for Discovery Regarding Documents Listed in Obesity Research's Privilege Log by Fiber Research International, LLC. Any further production required pursuant to the attached Order must be served within 14 days, absent further Order of the Court or agreement of the parties. Signed by Magistrate Judge Mitchell D. Dembin on 3/11/16. (Dembin, Mitchell)
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Filing
133
ORDER denying 119 Joint MOTION to Strike Fiber Research International, LLC's Rebuttal Expert Report of Dr. George Fahey by Obesity Research Institute, LLC. Plaintiff's motion to strike, as presented in the instant joint motion, is DENIED. Signed by Magistrate Judge Mitchell D. Dembin on 3/1/16. (Dembin, Mitchell)
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Filing
122
ORDER granting Plaintiff's 52 Motion for Leave to File First Amended Complaint. Pla shall file the First Amended Complaint in the form attached as Exhibit 1 to the Declaration of Scott J. Ferrell, by 3/3/2016. Signed by Judge Cynthia Bashant on 2/25/2016. (jah)
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Filing
81
ORDER granting in part and denying in part 80 Joint Motion to Determine Discovery Dispute re: Rebuttal Expert Report of Rick Hoffman. As provided herein, the Court ORDERS: 1. Lines 37 through 125 of the rebuttal expert report of Rick Hoffman are stricken as improper rebuttal. 2. Any supplement of the initial expert report of Mr. Beaton by ORI, within the meaning of Rule 26(e), must be served at any appropriate time but no later than one week following the close of discovery. 3. Any rebuttal supplementation by FRI of the rebuttal expert report of Mr. Hoffman, within the meaning of Rule 26(a)(2)(D)(ii), must be served no later than two weeks following service of the Beaton supplemental report. 4. Any expert depositions of Messrs. Beaton and Hoffman, based upon satisfactory supplemental reports, must be completed no later than thirty days following service of the supplemental expert report of Mr. Beaton. Signed by Magistrate Judge Mitchell D. Dembin on 12/17/15. (Dembin, Mitchell)
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Filing
76
ORDER granting 75 Joint Motion for Discovery Striking Obesity Research's Non-retained Expert Witnesses. As provided in this Order, Defendant Fiber Research International's motion to strike non-retained witness designations, as presented in this Joint Motion, is GRANTED. The Court ORDERS as follows: 1. The current designations of Messrs. Henry Den Uijl, Jim Ayres, and Brian Salerno are stricken. 2. ORI is granted leave to re-designate these witnesses, and these witnesses only, wit h a proper disclosure to be served upon FRI no later than close of business on December 21, 2015. 3. FRI, upon receipt of the new disclosures, may serve rebuttal disclosures no later than January 22, 2016. 4. FRI may, at its option, file an appropria te motion with the Court, pursuant to Rule 37(c)(1)(A), to recover its reasonable expenses and attorneys fees related to the filing of both its ex parte motion and the instant motion. That motion, if it is to be filed, must be filed no later than Ja nuary 15, 2016, and should include the appropriate declarations regarding reasonable fees and expenses. If the motion is filed, ORIs responsive pleading will be due seven (7) days following service. FRI may reply within five (5) days of service of the ORIs responsive pleading. Signed by Magistrate Judge Mitchell D. Dembin on 12/15/15. (Dembin, Mitchell)
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