Bozic v. Den Uijl et al
| Bozic and Regina Bozic |
| Den Uijl, Continuity Products, Innotrac Corporation, Henny Den Uijl, Zodiac Foundation, Sandra Den Uijl, Conversion Systems, National Weight Loss Institute, Bryan Corlett and Obesity Research Institute |
| 3:2016cv00733 |
| March 29, 2016 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| Cynthia Bashant |
| Mitchell D Dembin |
| Other Fraud |
| 28 U.S.C. § 1332 dtp |
| Plaintiff |
Docket Report
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| Filing 51 OPINION of USCA in USCA Case Number 17-70614 re Petition for Writ of Mandamus filed by Regina Bozic. For all these reasons, we conclude that Bozic has not shown the necessary clear and indisputable right to issuance of the writ. The petition is therefore denied. (akr) |
Filing 50
ORDER of USCA in USCA Case Number 17-70614. The petition for a writ of mandamus and response are referred to the merits panel. (akr)
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| Filing 49 MANDATE of USCA dismissing the appeal for lack of jurisdiction as to #44 Notice of Appeal to the 9th Circuit, filed by Regina Bozic. (akr) |
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Filing 48
ORDER of USCA as to #44 Notice of Appeal to 9th Circuit, filed by Regina Bozic. Upon reviewing the responses to the USCA's February 3, 2017 order to show cause, we dismiss this appeal for lack of jurisdiction. Appellant's request for judicial notice in support of appellant's alternative request for mandamus relief is granted. Because appellant has filed a separate petition for writ of mandamus, see petition No. 17-70614, appellant's alternative request for mandamus relief is denied as unnecessary. All other pending motions are denied as moot. Dismissed. (akr)
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Filing 47
ORDER of USCA in USCA Case Number 17-70614. This petition for a writ of mandamus raises issues that warrant an answer. Accordingly, within 14 days after the date of this order, the real parties in interest shall file an answer. The USDC, within 14 days after the date of this order, may address the petition if it so desires. The USDC may elect to file an answer with the USCA or to issue a supplemental order and serve a copy on the USCA. Petitioner may file a reply within 5 days after service of the answer(s). The petition, answer(s), and any reply shall be referred to the next available motions panel. The Clerk shall serve this order on the USDC and District Judge Cynthia A. Bashant. (akr)
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| Filing 46 USCA Case Number 17-70614 for Petition for Writ of Mandamus filed by Regina Bozic. (akr) |
| Filing 45 USCA Case Number 17-55135 for #44 Notice of Appeal to 9th Circuit, filed by Regina Bozic. (akr) |
| Filing 44 NOTICE OF APPEAL to the 9th Circuit as to #42 Order granting Motion to Change Venue, by Regina Bozic. (Filing fee $ 505 receipt number 0974-9784010.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: #1 Proof of Service)(Houchin, Michael). (Modified on 2/3/2017 to edit docket text re linked Order.) (akr). |
| Filing 43 Transfer Letter Received from Eastern District of CA. Case number in other court is 2:17-cv-00222 (kas) |
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Filing 42
ORDER granting Defendants' Motion to Change Venue. Case transferred to the Eastern District of California. Signed by Judge Cynthia Bashant on 1/31/2017. (jah) (sjt).
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| Filing 41 REPLY to Response to Motion re #38 MOTION to Stay MOTION to Change Venue filed by Continuity Products, Henny Den Uijl, Sandra Den Uijl, Innotrac Corporation, National Weight Loss Institute, Obesity Research Institute, Zodiac Foundation. (Attachments: #1 Evidentiary Objections to Declaration of Michael T. Houchin, #2 Objections to Plaintiff's Request for Judicial Notice, #3 Responses to Plaintiff's Evidentiary Objections to Declaration of Patrick J. Mulkern)(Sybert, Richard). (jah). |
| Filing 40 RESPONSE in Opposition re #38 MOTION to Stay MOTION to Change Venue filed by Regina Bozic. (Attachments: #1 Declaration of Michael T. Houchin, #2 Table of Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Request for Judicial Notice, #19 Evidentiary Objections, #20 Proof of Service)(Houchin, Michael) (Main Document 40 replaced on 8/16/2016) (jah). Modified on 8/16/2016 - Pdf for main document attached in print format. Corrected image (jah). |
| Filing 39 NOTICE OF RELATED CASE(S) by Continuity Products, Henny Den Uijl, Sandra Den Uijl, Innotrac Corporation, National Weight Loss Institute, Obesity Research Institute, Zodiac Foundation of case(s) 15cv595-BAS(MDD), Case No. 37-2013-00048664-CU-BT-CTL (San Diego Super. Ct.), and Case No. 2:13cv00975-MCE-KJN (E.D. Cal.). (Pangan, Hazel). Modified on 7/28/2016 - Proposed Low Transfer Order not prepared, case already assigned to low number judge. Other listed cases are not in this District (jah). |
| Filing 38 MOTION to Stay, MOTION to Change Venue by Continuity Products, Henny Den Uijl, Sandra Den Uijl, Innotrac Corporation, National Weight Loss Institute, Obesity Research Institute, Zodiac Foundation. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Patrick J. Mulkern, #3 Request for Judicial Notice, #4 Exhibit 1 to Request for Judicial Notice, #5 Exhibit 2 to Request for Judicial Notice, #6 Exhibit 3 to Request for Judicial Notice, #7 Exhibit 4 to Request for Judicial Notice, #8 Exhibit 5 to Request for Judicial Notice, #9 Exhibit 6 to Request for Judicial Notice, #10 Exhibit 7 to Request for Judicial Notice, #11 Index of Exhibits)(Pangan, Hazel). Modified on 7/28/2016 - Removed extra added text and attachment descriptions (jah). |
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Filing 37
ORDER granting #36 Joint Motion to Dismisses without prejudice all claims against Defendant Conversion Systems (a California Limited Liability Company) terminated. In accordance with the parties release agreement, each side will bear its own attorneys fees and costs. Signed by Judge Cynthia Bashant on 7/19/2016. (acc)
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| Filing 36 Joint MOTION to Dismiss Party Conversion Systems, LLC Without Prejudice by Regina Bozic. (Attachments: #1 Proof of Service)(Marron, Ronald). (jah). |
| Filing 35 REPLY to Response to Motion re #21 MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case to the Eastern District of California filed by Continuity Products, Henny Den Uijl, Sandra Den Uijl, Innotrac Corporation, National Weight Loss Institute, Obesity Research Institute, Zodiac Foundation. (Pangan, Hazel). (jah). |
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Filing 34
ORDER granting Defendant's #31 Ex Parte Motion to Stay Class Certification Proceedings Pending Resolution of Motion to Dismiss. Court orders the parties to file a joint motion to reinstate all relevant class-certification dates, including proposed dates no later than 7 days after the issuance of the ruling on Dfts' motion to dismiss. Signed by Judge Cynthia Bashant on 7/14/2016. (jah)
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| Filing 33 RESPONSE in Opposition re #31 Ex Parte MOTION to Stay Class Certification Proceedings Pending Resolution of Motion to Dismiss filed by Regina Bozic. (Attachments: #1 Declaration Michael T. Houchin, #2 Exhibit 1, #3 Proof of Service)(Houchin, Michael). Modified on 7/15/2016 - Edited text (jah). |
| Filing 32 RESPONSE in Opposition re #21 MOTION to Dismiss for Failure to State a Claim MOTION to Transfer Case to the Eastern District of California filed by Regina Bozic. (Attachments: #1 Proof of Service)(Marron, Ronald) (rlu). |
| Filing 31 Ex Parte MOTION to Stay re #28 MOTION to Certify Class MOTION to Appoint Class Counsel /Class Certification Proceedings Pending Resolution of Motion to Dismiss by Continuity Products, Henny Den Uijl, Sandra Den Uijl, Innotrac Corporation, National Weight Loss Institute, Obesity Research Institute, Zodiac Foundation. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Hazel Mae B. Pangan)(Pangan, Hazel) (rlu). |
| Filing 30 CERTIFICATE OF SERVICE by Regina Bozic re #29 Declaration of Regina Bozic (Marron, Ronald). (jah). |
| Filing 29 DECLARATION of Plaintiff Regina Bozic re #28 MOTION to Certify Class, MOTION to Appoint Class Counsel by Regina Bozic. (Marron, Ronald). Modified on 6/29/2016 - No Proof of Service. QC Email sent to file Proof of Service. Removed duplicate text (jah). |
| Filing 28 MOTION to Certify Class, MOTION to Appoint Class Counsel by Regina Bozic. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Michael T. Houchin, #3 Table of Exhibits, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Declaration of Ronald A. Marron, #14 Exhibit 10- Marron Firm Resume, #15 Declaration of Gajan Retnasaba, #16 Declaration of lisa Odabashian, #17 Exhibit A, #18 Exhibit B, #19 Exhibit C, #20 Exhibit D, #21 Proof of Service)(Marron, Ronald). Modified on 6/29/2016 - Edited text (jah). |
| Filing 27 REPLY to Response to Motion re #17 MOTION for Preliminary Injunction MOTION for Order to Show Cause filed by Regina Bozic. (Attachments: #1 Proof of Service)(Marron, Ronald). (jah). |
| Filing 26 RESPONSE in Opposition re #17 MOTION for Preliminary Injunction MOTION for Order to Show Cause filed by Henny Den Uijl, Obesity Research Institute. (Attachments: #1 Declaration of William I. Rothbard, #2 Declaration of Henny den Uijl, #3 Exhibit 1 to den Uijl Declaration, #4 Exhibit 2 to den Uijl Declaration, #5 Exhibit 3 to den Uijl Declaration, #6 Exhibit 4 to den Uijl Declaration, #7 Exhibit 5 to den Uijl Declaration, #8 Exhibit 6 to den Uijl Declaration, #9 Declaration of Hazel Mae B. Pangan, #10 Exhibit 7 to Pangan Declaration, #11 Exhibit 8 to Pangan Declaration, #12 Request for Judicial Notice, #13 Exhibit 9 to Request for Judicial Notice, #14 Exhibit 10 to Request for Judicial Notice, #15 Exhibit 11 to Request for Judicial Notice, #16 Exhibit 12 to Request for Judicial Notice, #17 Exhibit 13 to Request for Judicial Notice, #18 Exhibit 14 to Request for Judicial Notice, #19 Exhibit 15 to Request for Judicial Notice, #20 Exhibit 16 to Request for Judicial Notice, #21 Exhibit 17 to Request for Judicial Notice, #22 Exhibit 18 to Request for Judicial Notice, #23 Exhibit 19 to Request for Judicial Notice, #24 Index of Exhibits, #25 Objections to Evidence Offered by Plaintiff)(Sybert, Richard). (jah). |
| Filing 25 SEALED LODGED Proposed Document re: #24 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Sybert, Richard) (vam). |
| Filing 24 MOTION to File Documents Under Seal (Sybert, Richard) (vam). |
| Filing 23 NOTICE of Voluntary Dismissal Without Prejudice as to Defendant Bryan Corlett by Regina Bozic (Houchin, Michael). Modified on 6/14/2016 - Edited text (jah). |
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Filing 22
ORDER granting #20 Joint Motion for Extension of Time to Answer re #1 Complaint. Dfts Continuity Products, Henny Den Uijl, Sandra Den Uijl, Innotrac Corporation, National Weight Loss Institute, Obesity Research Institute, and Zodiac Foundation shall answer to the Complaint by 6/10/2016. Signed by Judge Cynthia Bashant on 6/3/2016. (jah)
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| Filing 21 MOTION to Dismiss for Failure to State a Claim, MOTION to Transfer Case to the Eastern District of California by Continuity Products, Henny Den Uijl, Sandra Den Uijl, Innotrac Corporation, National Weight Loss Institute, Obesity Research Institute, Zodiac Foundation. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit 1 to Request for Judicial Notice, #4 Exhibit 2 to Request for Judicial Notice, #5 Exhibit 3 to Request for Judicial Notice, #6 Exhibit 4 to Request for Judicial Notice, #7 Exhibit 5 to Request for Judicial Notice, #8 Exhibit 6 to Request for Judicial Notice, #9 Exhibit 7 to Request for Judicial Notice, #10 Declaration 8 to Request for Judicial Notice, #11 Exhibit 9 to Request for Judicial Notice, #12 Exhibit 10 to Request for Judicial Notice, #13 Exhibit 11 to Request for Judicial Notice, #14 Index of Exhibits)(Pangan, Hazel). Added MOTION to Change Venue on 6/6/2016 (jah). Modified on 6/6/2016 - Multi part motion, one part not filed. QC Email sent. Added missing motion and corrected text (jah). |
| Filing 20 Joint MOTION for Extension of Time to File Answer re #1 Complaint by Continuity Products, Henny Den Uijl, Sandra Den Uijl, Innotrac Corporation, National Weight Loss Institute, Obesity Research Institute, Zodiac Foundation. (Pangan, Hazel). Modified on 6/3/2016 - Wrong event. QC Email sent. Corrected event and added link to Complaint (jah). |
| Filing 19 NOTICE of Appearance by Richard P Sybert on behalf of Continuity Products, Henny Den Uijl, Sandra Den Uijl, Innotrac Corporation, National Weight Loss Institute, Obesity Research Institute, Zodiac Foundation (Sybert, Richard). Attorney Richard P Sybert added to party Continuity Products(pty:dft), Attorney Richard P Sybert added to party Henny Den Uijl(pty:dft), Attorney Richard P Sybert added to party Sandra Den Uijl(pty:dft), Attorney Richard P Sybert added to party Innotrac Corporation(pty:dft), Attorney Richard P Sybert added to party National Weight Loss Institute(pty:dft), Attorney Richard P Sybert added to party Obesity Research Institute(pty:dft), Attorney Richard P Sybert added to party Zodiac Foundation(pty:dft). (jah). |
| Filing 18 NOTICE of Appearance by Patrick J Mulkern on behalf of Continuity Products, Henny Den Uijl, Sandra Den Uijl, Innotrac Corporation, National Weight Loss Institute, Obesity Research Institute, Zodiac Foundation (Mulkern, Patrick). Attorney Patrick J Mulkern added to party Continuity Products(pty:dft), Attorney Patrick J Mulkern added to party Henny Den Uijl(pty:dft), Attorney Patrick J Mulkern added to party Sandra Den Uijl(pty:dft), Attorney Patrick J Mulkern added to party Innotrac Corporation(pty:dft), Attorney Patrick J Mulkern added to party National Weight Loss Institute(pty:dft), Attorney Patrick J Mulkern added to party Obesity Research Institute(pty:dft), Attorney Patrick J Mulkern added to party Zodiac Foundation(pty:dft). (jah). |
| Filing 17 MOTION for Preliminary Injunction, MOTION for Order to Show Cause by Regina Bozic. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Attorney Ronald A. Marron, #3 Table of Exhibits, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Exhibit 34, #38 Exhibit 35, #39 Exhibit 36, #40 Exhibit 37, #41 Exhibit 38, #42 Exhibit 39, #43 Exhibit 40, #44 Exhibit 41, #45 Exhibit 42, #46 Exhibit 43, #47 Exhibit 44, #48 Certificate of Service)(Marron, Ronald). Added MOTION for Order to Show Cause on 5/19/2016 (jah). Modified on 5/19/2016 - Multi part motion, one part not filed. QC Email sent. Addee missing motion and corrected text (jah). |
| Filing 16 SUMMONS Returned Executed by Regina Bozic. Zodiac Foundation served. (Marron, Ronald). (jah). |
| Filing 15 SUMMONS Returned Executed by Regina Bozic. Sandra Den Uijl served. (Marron, Ronald) |
| Filing 14 SUMMONS Returned Executed by Regina Bozic. Obesity Research Institute served. (Marron, Ronald). (jah). |
| Filing 13 SUMMONS Returned Executed by Regina Bozic. National Weight Loss Institute served. (Marron, Ronald). (jah). |
| Filing 12 SUMMONS Returned Executed by Regina Bozic. Henny Den Uijl served. (Marron, Ronald). (jah). |
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Filing 11
ORDER granting #10 Joint Motion for Extension of Time to Answer re #1 Complaint. Defendant Innotrac Corporation must answer to the Complaint by 6/3/2016. Signed by Judge Cynthia Bashant on 4/29/2016. (jah)
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| Filing 10 Joint MOTION for Extension of Time to File Answer re #1 Complaint by Innotrac Corporation. (Pangan, Hazel). Attorney Hazel Mae Pangan added to party Innotrac Corporation (pty:dft). Modified on 4/29/2016 - Double wording in text. QC Email sent. removed duplicate text (jah). |
| Filing 9 ANSWER to #1 Complaint, by Conversion Systems.(Gonzalez, Refugio). Attorney Refugio Jose Gonzalez added to party Conversion Systems (pty:dft). Modified on 4/28/2016 - No Proof of Service. QC Email sent to file Proof of Service (jah). |
| Filing 8 SUMMONS Returned Executed by Regina Bozic. Innotrac Corporation served. (Marron, Ronald). (jah). |
| Filing 7 SUMMONS Returned Executed by Regina Bozic. Conversion Systems served. (Houchin, Michael). (jah). |
| Filing 6 NOTICE of Appearance by Michael Houchin on behalf of Regina Bozic (Attachments: #1 Proof of Service)(Houchin, Michael). Attorney Michael Houchin added to party Regina Bozic (pty:pla). Modified on 4/28/2016 - Removed duplicate text (jah). |
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Filing 5
ORDER granting #4 Joint Motion for Extension of Time to Answer re #1 Complaint. Defendants Henny Den Uijl, Sandra Den Uijl, National Weight Loss Institute, Obesity Research Institute, and Zodiac Foundation must answer to the Complaint by 6/3/2016. Signed by Judge Cynthia Bashant on 4/26/2016. (jah)
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| Filing 4 Joint MOTION for Extension of Time to File Answer re #1 Complaint by Continuity Products, Henny Den Uijl, Sandra Den Uijl, National Weight Loss Institute, Obesity Research Institute, Zodiac Foundation. (Pangan, Hazel). Attorney Hazel Mae Pangan added to party Continuity Products(pty:dft), Attorney Hazel Mae Pangan added to party Henny Den Uijl(pty:dft), Attorney Hazel Mae Pangan added to party Sandra Den Uijl(pty:dft), Attorney Hazel Mae Pangan added to party National Weight Loss Institute(pty:dft), Attorney Hazel Mae Pangan added to party Obesity Research Institute(pty:dft), Attorney Hazel Mae Pangan added to party Zodiac Foundation(pty:dft). Modified on 4/25/2016 - Wrong event. QC Email sent. Corrected event and added link to Complaint (jah). |
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Filing 3
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Cynthia Bashant and Magistrate Judge Mitchell D. Dembin for all further proceedings. Judge Barry Ted Moskowitz, Magistrate Judge Ruben B. Brooks no longer assigned to case. Create association to 3:15-cv-00595-BAS-MDD. The new case number is 3:16-cv-00733-BAS-MDD. Signed by Judge Barry Ted Moskowitz on 4/12/2016. Signed by Judge Cynthia Bashant on 4/5/2016.(rlu)
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| Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (fth) (jao). |
| Filing 1 COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 400 receipt number 0974-8924441.), filed by Regina Bozic. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)The new case number is 3:16-cv-733-BTM-RBB. Judge Barry Ted Moskowitz and Magistrate Judge Ruben B. Brooks are assigned to the case. (Marron, Ronald)(fth) (jao). |
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