La Jolla Spa MD, Inc. et al v. Avidas Pharmaceuticals, LLC et al
La Jolla Spa MD, Inc. and Dianne York-Goldman |
Avidas Pharmaceuticals, LLC and Does 1 through 10 |
3:2017cv01124 |
June 2, 2017 |
US District Court for the Southern District of California |
San Diego Office |
San Diego |
Michael M Anello |
William V Gallo |
Contract: Other |
28 U.S.C. § 1332 nr |
Defendant |
Docket Report
This docket was last retrieved on March 9, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 133 ORDER Granting #132 Joint Motion to Dismiss. The Court GRANTS the parties' joint motion and DISMISSES this action in its entirety with prejudice. Each party must bear its own costs and attorneys' fees. Signed by Judge Michael M. Anello on 3/9/2020. (tcf) |
Filing 132 Joint MOTION to Dismiss Complaint by La Jolla Spa MD, Inc. (Hong, Valerie) (tcf). |
Filing 131 Order Scheduling Settlement Disposition Conference. A Joint Motion for Dismissal is due: 3/10/2020. If a Joint Motion for Dismissal and Proposed Order for Dismissal are not submitted by 3/10/2020, then a Settlement Disposition Conference shall be held. A telephonic Settlement Disposition Conference is set for 3/16/2020 at 7:00 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 3/4/2020. (tcf) |
Filing 130 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference held on 3/4/2020(no document attached) (ajf) |
Filing 129 Minute Order Vacating Pretrial Scheduling Order Deadlines and Hearings: On March 2, 2020, the parties filed a #125 Joint Notice of Settlement. Accordingly, good cause appearing, the Court VACATES all deadlines and hearings in its #121 Amended Pretrial Scheduling Order. The Court will reset the dates if necessary. SO ORDERED by Judge Michael M. Anello on March 3, 2020. (no document attached) (mxt) |
Filing 128 ORDER scheduling telephonic status conference for March 4, 2020 at 02:30 PM before Magistrate Judge William V. Gallo. The Court will initiate the conference call. Each attorney shall immediately lodge, via electronic mail addressed to efile_Gallo@casd.uscourts.gov, (1) the name of each attorney who will participate and (2) a telephone number at which each attorney may be reached directly without fail at the time of the conference.(ajf) |
Filing 127 Notice of Document Discrepancies and Order Thereon by Judge Michael M. Anello Rejecting re #126 MOTION for Order for Judgment, from Plaintiff La Jolla Spa MD, Inc. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges 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 Michael M. Anello on 3/2/2020. (tcf) (Additional attachment(s) added on 3/2/2020: #1 Rejected Document) (tcf). |
Filing 126 MOTION for Order for Judgment by La Jolla Spa MD, Inc. (Hong, Valerie) (Main Document 126 replaced on 3/2/2020) (tcf). |
Filing 125 NOTICE of Settlement by Parties by La Jolla Spa MD, Inc. (Hong, Valerie) (tcf). |
Filing 124 ORDER Granting #123 Motion to Substitute Attorney. Attorney Valerie Garcia Hong added and attorney James T. Ryan terminated. Signed by Judge Michael M. Anello on 2/13/2020. (tcf) |
Filing 123 MOTION to Substitute Attorney by La Jolla Spa MD, Inc.. (Hong, Valerie)Attorney Valerie Garcia Hong added to party La Jolla Spa MD, Inc.(pty:pla) (tcf). |
Filing 122 NOTICE of Withdrawal of Counsel (Michael J. Nicoud) by Avidas Pharmaceuticals, LLC (Coopersmith, Steven) (tcf). |
Filing 121 ORDER Granting in Part and Denying in Part #118 Defendant's Ex Parte Motion to Reopen Discovery for Limited Purposes and to Amend the Pretrial Scheduling Order. The Court DENIES Defendant's ex parte motion to reopen discovery for limited purposes and GRANTS Defendants motion to amend the Court's Pretrial Scheduling Order. Accordingly, the Court AMENDS the previously issuedOrder as follows: A Memorandum of Contentions of Fact and Law is due by 3/16/2020. A Proposed Pretrial Order is due by 4/21/2020. A Final Pretrial Conference is reset for 4/13/2020 02:30 PM in Courtroom 3D before Judge Michael M. Anello. A Jury Trial is reset for 5/26/2020 08:30 AM in Courtroom 3D before Judge Michael M. Anello. Signed by Judge Michael M. Anello on 11/27/2019. (tcf) |
Filing 120 RESPONSE in Opposition re #118 Ex Parte MOTION to Amend/Correct #109 Scheduling Order dated October 7, 2019 filed by La Jolla Spa MD, Inc. (Attachments: #1 Declaration of James T. Ryan, #2 Exhibit #1 to Ryan Decl., #3 Exhibit #2 to Ryan Decl., #4 Exhibit #3 to Ryan Decl.)(Ryan, James) (tcf). |
Filing 119 Minute Order Re: Ex Parte Motion to Amend Pretrial Scheduling Order: On October 24, 2019, Defendant filed an #118 Ex Parte Motion to Amend Pretrial Scheduling Order. Pursuant to Judge Anello's Civil Chambers Rules, Plaintiff requested additional time to respond to the ex parte motion. Accordingly, good cause appearing, Plaintiff must file its opposition to Defendant's ex parte motion on or before October 31, 2019. If Plaintiff does not file an opposition by the stated deadline, the Court may deem Defendant's motion as unopposed. SO ORDERED by Judge Michael M. Anello on October 24, 2019.(no document attached) (mxt) |
Filing 118 Ex Parte MOTION to Amend/Correct #109 Scheduling Order, dated October 7, 2019 by Avidas Pharmaceuticals, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Margaret Gardner, #3 Declaration of Steven T. Coopersmith)(Coopersmith, Steven) (rmc). |
Filing 117 NOTICE of Appearance of Michael J. Nicoud by Michael James Nicoud on behalf of Avidas Pharmaceuticals, LLC (Nicoud, Michael)Attorney Michael James Nicoud added to party Avidas Pharmaceuticals, LLC(pty:dft) (rmc). |
Filing 116 ORDER Directing Referral of Attorney to the Disciplinary Board of the Supreme Court of Pennsylvania. Signed by Magistrate Judge William V. Gallo on 10/16/2019.(All non-registered users served via U.S. Mail Service)(rmc) |
Filing 115 ORDER Granting #114 Defendant's Motion to Substitute Counsel. Signed by Judge Michael M. Anello on 10/16/2019. (rmc) |
Filing 114 MOTION to Substitute Attorney by Avidas Pharmaceuticals, LLC. (Attachments: #1 Declaration of Margaret Gardner, #2 Declaration of Steven T. Coopersmith)(Coopersmith, Steven) (rmc). |
Filing 113 NOTICE of Appearance by Steven Todd Coopersmith on behalf of Avidas Pharmaceuticals, LLC (Coopersmith, Steven)Attorney Steven Todd Coopersmith added to party Avidas Pharmaceuticals, LLC(pty:dft) (rmc). |
Filing 112 ORDER re #105 Objection to Magistrate Judge's Sanctions Order. The Court finds the objection untimely and declines to rule on the merits of Defense Counsel's objection to the Magistrate Judge's sanctions order. Accordingly, the Magistrate Judge's order remains in full force and effect. Signed by Judge Michael M. Anello on 10/10/2019.(rmc) |
Filing 111 NOTICE of Julie Chovanes' Failure to Comply by La Jolla Spa MD, Inc. re #103 Order on Motion for Sanctions (Ryan, James) (rmc). |
Filing 110 Minute Order Re: Two Recent Ex Parte Communications on Objection to Magistrate Judge's Order: The Court received two ex parte communications on October 7, 2019, from President of Defendant and Defendant's recently dismissed counsel. Despite the impropriety, the Court has considered the communications. Further ex parte communications will not be permitted and will be disregarded by the Court. Further submissions to the Court must be properly filed. The Court ORDERS newly retained defense counsel to file a Notice of Appearance on or before October 15, 2019. SO ORDERED by Judge Michael M. Anello on October 8, 2019.(no document attached) (mxt) |
Filing 109 PRETRIAL SCHEDULING ORDER. The jury trial of this matter will begin on 2/25/2020 at 8:30 a.m. in Courtroom 3D. The parties must file their motions in limine on or before 1/6/2020. The parties must file their opposition briefs on or before 1/20/2020. No reply briefs will be accepted. Motions in limine will be heard at the Final Pretrial Conference. The parties must file their Memoranda of Contentions of Fact and Law and take any other action required by Local Rule 16.1(f)(2) on or before 1/6/2020. The Final Pretrial Conference is scheduled for 2/3/2020 at 2:30 p.m. in Courtroom 3D. The parties must submit a joint proposed final pretrial order via email to the undersigned's official e-file email address, on or before 2/11/2020. The parties must file proposed jury instructions and verdict forms no later than 5:00 p.m. on 2/20/2020. The parties must simultaneously email an electronic copy to the undersigned's official e-file email address. The parties must provide the Court with two copies of their exhibits no later than 3:00 p.m. on 2/21/2020. The parties must deliver their exhibits directly to Chambers on the third floor of the Edward J. Schwartz United States Courthouse. Signed by Judge Michael M. Anello on 10/4/2019.(rmc) |
Filing 108 ORDER Denying #96 Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment. The Court finds that Defendant is not entitled to dismissal of Plaintiff's claims or summary judgment in its favor. Accordingly, the Court denies Defendant's motion in its entirety. The Court will issue a pretrial scheduling order forthwith. Signed by Judge Michael M. Anello on 10/4/2019. (rmc) |
Filing 107 RESPONSE re #105 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Avidas Pharmaceuticals, LLC Re: Document No.. 103 filed by La Jolla Spa MD, Inc.. (Attachments: #1 Declaration of James T. Ryan, #2 Declaration of Hamilton Arendsen, #3 Declaration of Valerie Garcia Hong)(Ryan, James) (rmc). |
Filing 106 Minute Order Setting Briefing Schedule Re: Defendant's Objection to Magistrate Judge's Order: Defendant Avidas Pharmaceuticals, LLC has filed an #105 Objection to the Magistrate Judge's August 30, 2019 #103 sanctions order. Upon initial review, the Court sets the following briefing schedule: Plaintiff must file a response to Defendant's Objection on or before September 30, 2019. Defendant must file a reply on or before October 7, 2019. Upon completion of the briefing, the Court will determine whether a hearing is necessary and advise the parties accordingly. SO ORDERED by Judge Michael M. Anello on 9/17/2016. (no document attached) (mxt) |
Filing 105 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by Avidas Pharmaceuticals, LLC Re: Document No.. 103 (Chovanes, Julie) (rmc). Modified on 10/10/2019 (rmc). |
Filing 104 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 8/16/2019 before Magistrate Judge William V. Gallo. Court Reporter/Transcriber: Amanda M. LeGore. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/4/2019. Redacted Transcript Deadline set for 10/15/2019. Release of Transcript Restriction set for 12/12/2019. (akr) |
Filing 103 ORDER Granting #93 Plaintiff's Motion for Sanctions. Without reimbursement from Defendant, Chovanes is sanctioned in the amount of $28,502.03 payable to Ryan's trust account on or before 9/17/2019. Chovanes shall self-report to the State Bar of Pennsylvania on or before 9/24/2019. The reporting shall consist of a copy of this Order, the full transcript of the Gardner deposition, the full transcript of the 8/16/2019 sanctions hearing, and the 128 video clips submitted as part of Plaintiff's sanctions motion. On or before 10/1/2019, Chovanes shall file a declaration under oath that confirms compliance with this Order and that all documents and video clips were submitted to the State Bar of Pennsylvania. Chovanes shall henceforth attach a copy of this Order as an exhibit to any pro hac vice application for admission to practice before the United States District Court for the Southern District of California. This requirement shall have no expiration date and shall remain in effect in perpetuity. Signed by Magistrate Judge William V. Gallo on 8/30/2019. (rmc) |
Filing 102 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Motion Hearing held on 8/16/2019 re #93 MOTION for Sanctions Against Defendant's Counsel filed by La Jolla Spa MD, Inc. Written Order to issue.(no document attached) (ajf) |
Filing 101 Minute Order Taking Motion Under Submission: Defendant's #96 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment is currently set for hearing on August 19, 2019. The Court finds the matter suitable for determination on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the hearing shall be taken off calendar. SO ORDERED by Judge Michael M. Anello on August 13, 2019. (no document attached) (jb1) |
Filing 100 ORDER granting #98 Motion for Leave to Appear telephonically at the 8/16/2019 sanctions hearing. Signed by Magistrate Judge William V. Gallo on 8/13/2019. (jpp) |
Filing 99 REPLY to Response to Motion re #96 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by Avidas Pharmaceuticals, LLC. (Chovanes, Julie) (jpp). |
Filing 98 Joint MOTION for Leave to Appear Appear by Telephone Defendant's Unopposed Motion for Local Counsel Jennifer J. McGrath to Appear by Telephone at the August 16, 2019 Hearing on Plaintiff's Motion for Sanctions by Avidas Pharmaceuticals, LLC. (Attachments: #1 Declaration of Jennifer J. McGrath)(McGrath, Jennifer) (jpp). |
Filing 97 RESPONSE in Opposition re #96 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by La Jolla Spa MD, Inc.. (Attachments: #1 Response to Statement of Facts, #2 Evidentiary Objections, #3 Declaration of Peter J. Pfund, #4 Declaration of Robert A. Taylor, #5 Declaration of James T. Ryan, #6 Exhibit #1 to Ryan Decl., #7 Exhibit #2 to Ryan Decl., #8 Exhibit #3 to Ryan Decl., #9 Exhibit #5 to Ryan Decl., #10 Exhibit #6 to Ryan Decl., #11 Exhibit #7 to Ryan Decl., #12 Exhibit #8 to Ryan Decl., #13 Exhibit #9 to Ryan Decl., #14 Exhibit #10 to Ryan Decl., #15 Exhibit #11 to Ryan Decl.)(Ryan, James) (rmc). |
Filing 96 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction , MOTION for Summary Judgment by Avidas Pharmaceuticals, LLC. (Attachments: #1 Memo of Points and Authorities ISO Motion, #2 Statement of Facts, #3 Declaration of Julie Chovanes, Esq. ISO of MTD, #4 Declaration of Julie Chovanes, Esq. ISO SJ, #5 Exhibit Exhibits, Vol. 1, to Chovanes Dec. ISO SJ, #6 Exhibit Exhibits, Vol 2, to Chovanes Dec. ISO SJ)(Chovanes, Julie) (rmc). |
Filing 95 REPLY to Response to Motion re #93 MOTION for Sanctions Against Defendant's Counsel filed by La Jolla Spa MD, Inc.. (Ryan, James) (rmc). |
Filing 94 RESPONSE in Opposition re #93 MOTION for Sanctions Against Defendant's Counsel filed by Avidas Pharmaceuticals, LLC. (Attachments: #1 Declaration Declaration of Ms. Chovanes in Support of Opposition with Exs. A-D)(Chovanes, Julie) (rmc). |
Filing 93 MOTION for Sanctions Against Defendant's Counsel by La Jolla Spa MD, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Appendix A, #3 Notice of Lodgment, #4 Declaration of Dianne York, #5 Declaration of James T. Ryan, #6 Exhibit #1 to James T. Ryan Declaration (Deposition Transcript))(Ryan, James) (rmc). |
Filing 92 ORDER Granting Leave to File Sanctions Motion; and Briefing Schedule. Plaintiff's opening brief shall be filed on or before 6/14/2019 and shall be limited to 10 pages of substantive argument. This page limit is exclusive of any exhibits or declarations. Defendant's response brief shall be filed on or before 6/28/2019 and shall be limited to 10 pages of substantive argument. This page limit is exclusive of any exhibits or declarations. Plaintiff's optional reply brief shall be filed on or before 7/8/2019 and shall be limited to 5 pages of substantive argument but may not include exhibits or declarations. Sur-reply briefs will not be accepted except with leave of Court. An in-person, attorneys-only hearing will be held on 8/16/2019 at 9:00 a.m. in Courtroom 2B of the Edward J. Schwartz United States Courthouse. Signed by Magistrate Judge William V. Gallo on 5/31/2019.(rmc) |
Filing 91 NOTICE of Withdrawal of Counsel by Avidas Pharmaceuticals, LLC (McGrath, Jennifer) (rmc). |
Filing 90 ANSWER to #87 Amended Complaint by Avidas Pharmaceuticals, LLC.(Chovanes, Julie) QC mail sent re potentially incorrect pdf, advised to withdraw and re-file if incorrect (rmc). |
Filing 89 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Mandatory Settlement Conference held on 5/10/2019. Case did not resolve.(no document attached) (ajf) |
Filing 88 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Discovery Conference held on 5/3/2019(no document attached) (ajf) |
Filing 87 THIRD AMENDED COMPLAINT against Avidas Pharmaceuticals, LLC, Does 1 through 10, filed by La Jolla Spa MD, Inc.. (rmc) |
Filing 86 ORDER Granting #77 Plaintiff's Motion for Leave to File Third Amended Complaint. Plaintiff has met the requirements of Federal Rules of Civil Procedure 15(a) and 16(b). Accordingly, the Court grants Plaintiff's motion. The Clerk of Court is instructed to file Plaintiff's proposed Third Amended Complaint (Doc. No. 77-7) as a separate docket entry. Signed by Judge Michael M. Anello on 4/29/2019. (rmc) |
Filing 85 Minute Order Taking Motion Under Submission: Plaintiff's #77 MOTION for Leave to File is currently set for hearing on April 29, 2019. The Court finds this matter suitable for determination on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the hearing shall be taken off calendar. SO ORDERED by Judge Michael M. Anello on April 24, 2019. (no document attached) (jb1) |
Filing 84 REPLY to Response to Motion re #77 MOTION for Leave to File Third Amended Complaint filed by La Jolla Spa MD, Inc.. (Attachments: #1 Declaration of James T. Ryan)(Ryan, James) (rmc). |
Filing 83 RESPONSE in Opposition re #77 MOTION for Leave to File A Third [Sic] Amended Complaint filed by Avidas Pharmaceuticals, LLC. (Attachments: #1 Declaration Julie Chovanes, Esq., #2 Exhibit A)(McGrath, Jennifer) (rmc). |
Filing 82 ORDER Following 81 Telephonic Discovery Conference. The Court held a telephonic discovery conference on 4/10/2019 and discussed the ability of a defense representative to sit for deposition and travel for the settlement conference. If Defendant wishes to seek a protective order with respect to the above or the witness's travel for the Mandatory Settlement Conference, a motion shall be filed no later than 4/15/2019. The motion shall be limited to 10 pages exclusive of exhibits. If a motion is filed, any opposition shall be filed no later than 4/18/2019 and shall likewise be limited to 10 pages exclusive of exhibits. If a motion is filed, an attorneys-only telephonic hearing shall be held on 4/22/2019 at 9:30 a.m. PST. The Court will initiate the call. Each attorney shall immediately lodge, via electronic mail, (1) the name of each attorney who will participate and (2) a telephone number at which each attorney may be reached directly without fail at the time of the conference. Failure to comply with this Order or appear at the discovery conference may serve as the basis for appropriate sanctions. Signed by Magistrate Judge William V. Gallo on 4/11/2019.(rmc) |
Filing 81 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Discovery Conference held on 4/10/2019(no document attached) (ajf) |
Filing 80 ORDER Following Discovery Conference. The 4/22/2019 Mandatory Settlement Conference is vacated. A Mandatory Settlement Conference is tentatively scheduled for 5/10/2019 at 2:00 p.m. No later than 4/8/2019, Defendant shall also provide the Court with medical documentation and a doctor's letter stating Ms. Garner's medical condition, prognosis, the course of treatment, Ms. Garner's ability to travel, her ability to sit for deposition and for how long, and what accommodations she may need. These materials shall be lodged with the Court ex parte for in camera review. An attorneys-only telephonic status conference shall be held on 4/10/2019 at 2:30 p.m. PST to discuss how to proceed with Ms. Garner's deposition. The Court will initiate the call. Each attorney shall immediately lodge, via electronic mail, (1) the name of each attorney who will participate and (2) a telephone number at which each attorney may be reached directly without fail at the time of the conference. Failure to comply with this Order or appear at the discovery conference may serve as the basis for appropriate sanctions. Signed by Magistrate Judge William V. Gallo on 4/1/2019.(rmc) |
Filing 79 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Discovery Conference held on 4/1/2019(no document attached) (ajf) |
Filing 78 ORDER Scheduling Telephonic Discovery Conference. A telephonic discovery conference shall be held on 4/1/2019, at 8:00 a.m. PST. All counsel shall participate. The Court will initiate the conference call. Each attorney shall immediately lodge, via electronic mail, (1) the name of each attorney who will participate and (2) a telephone number at which each attorney may be reached directly without fail at the time of the conference. Failure to comply with this Order or appear at the discovery conference may serve as the basis for appropriate sanctions. Signed by Magistrate Judge William V. Gallo on 3/29/2019.(rmc) |
Filing 77 MOTION for Leave to File Third Amended Complaint by La Jolla Spa MD, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of James T. Ryan, #3 Exhibit #1, #4 Exhibit #2, #5 Exhibit #3, #6 Exhibit #4, #7 Exhibit #5 (Proposed Third Amended Complaint))(Ryan, James) Modified on 3/25/2019 to correct event, QC mail sent (rmc). |
Filing 76 Second Amended Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings. A Mandatory Settlement Conference shall be conducted on 4/22/2019, at 9:00 a.m. in the chambers of Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 3/22/2019.(rmc) |
Filing 75 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Discovery Conference held on 3/22/2019(no document attached) (ajf) |
Filing 74 ORDER Scheduling Telephonic Discovery Conference. A telephonic discovery conference shall be held on Friday, 3/22/2019, at 12:00 p.m. PST to discuss Defendant's compliance with the Court's Orders at Docket Nos. #60 and #68 . All counsel shall participate. The Court will initiate the conference call. Failure to comply with this Order or appear at the discovery conference may serve as the basis for appropriate sanctions. Signed by Magistrate Judge William V. Gallo on 3/20/2019.(rmc) |
Filing 73 Clarification of #60 Order Following Telephonic Discovery Conference. To the extent that this Court's finding in paragraph 4 of that Order-that "the scope of discovery" was to be limited to the "time period after May 8, 2014"-could be read as broadly limiting all discovery in this case, the Court now clarifies that paragraph 4 applied only to the disputed discovery items before the Court that day-namely, RFP Nos. 7, 88, 11-16, and SROG 16. Signed by Magistrate Judge William V. Gallo on 3/7/2019. (rmc) |
Filing 72 Ex Parte MOTION to Clarify Order Following Telephonic Discovery Conference #60 by La Jolla Spa MD, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of James T. Ryan)(Ryan, James) (rmc). |
Filing 71 ORDER Overruling #64 Plaintiff's Objections to #60 Magistrate Judge's February 8, 2019 Order. The Court overrules Plaintiff's objections to Judge Gallo's order sustaining in part Defendant's relevancy objections to RFP Nos. 8 and 11-16. However, for the reasons stated herein, the Court cannot conclusively determine whether the scope of discovery delineated in the 2/8/2019 order is limited to RFP Nos. 8 and 11-16, or whether it is a limitation on all discovery. Therefore, the Court overrules without prejudice Plaintiff's objection to the scope of discovery. Following clarification of the scope of discovery, Plaintiff may re-object. Signed by Judge Michael M. Anello on 3/4/2019. (rmc) |
Filing 70 REPLY to Response to Motion re #64 Ex Parte MOTION for Reconsideration re #60 Order Following Telephonic Discovery Conference per Rule 72(a) filed by La Jolla Spa MD, Inc.. (Ryan, James) (rmc). |
Filing 69 RESPONSE in Opposition re #64 Ex Parte MOTION for Reconsideration re #60 Order Following Telephonic Discovery Conference per Rule 72(a) filed by Avidas Pharmaceuticals, LLC. (Chovanes, Julie) (rmc). |
Filing 68 ORDER Following Telephonic Discovery Conference. No later than 3/1/2019, the parties shall meet and confer about the definitions of disputed terms in RFP Nos. 10, 11, 13, 14, and 15. If there is an understanding about the definitions of disputed terms, a response shall be due by 3/6/2019. If the meet and confer efforts do not resolve these definitional disputes, the parties shall notify the Court of the ongoing dispute no later than 3/4/2019. As discussed on the record at the discovery conference, Defendant shall provide further responses to SROG No. 16 and RFP Nos. 8 through 16 on or before 2/27/2019. Signed by Magistrate Judge William V. Gallo on 2/26/2019.(rmc) |
Filing 67 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Discovery Conference held on 2/26/2019(no document attached) (ajf) |
Filing 66 NOTICE of Appearance of Counsel by Amy E. Burke on behalf of Avidas Pharmaceuticals, LLC (Burke, Amy)Attorney Amy E. Burke added to party Avidas Pharmaceuticals, LLC(pty:dft) (rmc). |
Filing 65 Minute Order Setting Briefing Schedule: The Court SETS the following briefing schedule regarding Plaintiff's #64 Ex Parte MOTION for Reconsideration re #60 Order Following Telephonic Discovery Conference per Rule 72(a): Defendant may file an Opposition to this motion, if any, on or before Tuesday, February 26, 2019. Plaintiff may file a Reply, if any, on or before Friday, March 1, 2019. Thereafter, these matters will be taken under submission without oral argument pursuant to Civil Local Rule 7.1.d.1. IT IS SO ORDERED by Judge Michael M. Anello on 02/19/2019.(no document attached) (jb1) |
Filing 64 Ex Parte MOTION for Reconsideration re #60 Order Following Telephonic Discovery Conference per Rule 72(a) by La Jolla Spa MD, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of James T. Ryan)(Ryan, James) (rmc). |
Filing 63 Protective Order. Signed by Magistrate Judge William V. Gallo on 2/13/2019. (rmc) |
Filing 62 Joint MOTION for Protective Order by La Jolla Spa MD, Inc.. (Ryan, James) (rmc). |
Filing 61 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Conference) held on 2/7/2019 before Magistrate Judge William V. Gallo. Court Reporter/Transcriber: Amanda M. LeGore. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/4/2019. Redacted Transcript Deadline set for 3/14/2019. Release of Transcript Restriction set for 5/13/2019. (akr) |
Filing 60 ORDER Following Telephonic Discovery Conference re Doc. Nos. #57 & #58 . The parties shall submit a proposed protective order to this Court no later than 2/13/2019. Signed by Magistrate Judge William V. Gallo on 2/8/2019.(rmc) |
Filing 59 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Discovery Conference held on 2/7/2019(no document attached) (ajf) |
Filing 58 SUPPLEMENTAL BRIEFING by Defendant Avidas Pharmaceuticals, LLC re #57 Supplemental Briefing Defendant's Response to Plaintiff's Supplemental Briefing re: Discovery Disputes. (Chovanes, Julie) (rmc). |
Filing 57 SUPPLEMENTAL BRIEFING by Plaintiff La Jolla Spa MD, Inc. re: Discovery Disputes. (Attachments: #1 Declaration of James T. Ryan)(Ryan, James) (rmc). |
Filing 56 NOTICE of Change of Address by Julie Chovanes (Chovanes, Julie) (rmc). |
Filing 55 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Conference) held on 1/9/2019 before Magistrate Judge William V. Gallo. Court Reporter/Transcriber: Amanda M. LeGore. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 2/4/2019. Redacted Transcript Deadline set for 2/14/2019. Release of Transcript Restriction set for 4/15/2019. (akr) |
Filing 54 Amended SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. A Mandatory Settlement Conference shall be conducted on 4/22/2019, at 9:00 a.m. in the chambers of Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 1/9/2019.(rmc) |
Filing 53 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Case Management Conference held on 1/9/2019. Amended Scheduling Order to issue.(no document attached) (ajf) |
Filing 52 ORDER Approving the Pro Hac Vice Application of Julie Chovanes, re #51 Request to Appear Pro Hac Vice. Signed by Judge Michael M. Anello on 1/8/2019. (mdc) |
Filing 51 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12062398.) (Application to be reviewed by Clerk.) (Chovanes, Julie) (mdc) |
Filing 50 Order (1) Granting #38 Motion to Amend Scheduling Order and (2) Scheduling Case Management Conference. A Case Management Conference will be held on 1/9/2019, at 8:30 a.m. Counsel shall participate by telephone. The Court will initiate the conference call. Ahead of the conference, a discovery plan shall be lodged with Magistrate Judge Gallo on or before 1/4/2019. Signed by Magistrate Judge William V. Gallo on 12/20/2018.(rmc) |
Filing 49 ORDER (1) Denying in Part #38 Plaintiff's Motion to Amend the Scheduling Order; Denying #39 Plaintiff's Motion for Leave to File a Third Amended Complaint. The Court denies in part Plaintiff's ex parte application to modify the scheduling order. Specifically, the Court denies Plaintiff's request to extend the deadline to amend the pleadings and refers the remainder of Plaintiff's ex parte application to Magistrate Judge Gallo. Additionally, the Court denies Plaintiff's motion for leave to file a TAC. Signed by Judge Michael M. Anello on 12/12/2018. (rmc) |
Filing 48 REPLY to Response to Motion re #39 MOTION for Order Granting Leave to File Third Amended Complaint filed by La Jolla Spa MD, Inc.. (Ryan, James) (rmc). |
Filing 47 RESPONSE in Opposition re #39 MOTION for Order Granting Leave to File Third Amended Complaint filed by Avidas Pharmaceuticals, LLC. (Attachments: #1 Declaration of Julie Chovanes, Esq., #2 Exhibit A-Z, #3 Exhibit AA-JJ)(McGrath, Jennifer) (rmc). |
Filing 46 ORDER Denying #45 Defendant's Request for Extension. Defendant's request for additional time to respond to Plaintiff's ex parte motion to amend the Scheduling Order is denied as untimely. Signed by Magistrate Judge William V. Gallo on 11/28/2018. (rmc) |
Filing 45 MOTION for Extension of Time to File Response/Reply as to #38 Ex Parte MOTION for Order to Amend Scheduling Order, with integral Declaration of Counsel by Avidas Pharmaceuticals, LLC. (Attachments: #1 Exhibit A to the Declaration of Jennifer J. McGrath, #2 [Proposed] Order Re: Defendant Avidas Pharmaceuticals, LLC's Unopposed Request for an Extension to Respond to Plaintiff's Ex Parte Application to Amend Scheduling Order)(McGrath, Jennifer) Modified on 11/27/2018 to clarify docket text as to declaration combined with moving document; QC mail sent re not e-filing proposed orders (rmc). |
Filing 44 ORDER Vacating Order to Show Cause. Signed by Judge Michael M. Anello on 11/19/2018.(acc) |
Filing 43 RESPONSE TO ORDER TO SHOW CAUSE by Avidas Pharmaceuticals, LLC re #34 Order to Show Cause. (McGrath, Jennifer) (acc). |
Filing 42 ORDER re #38 Plaintiff's ex parte motion to amend the Scheduling Order. Defendant shall file its position on the ex parte motion no later than 11/26/2018. Signed by Magistrate Judge William V. Gallo on 11/15/2018.(jpp) |
Filing 41 NOTICE of Appearance by Jennifer J. McGrath on behalf of Avidas Pharmaceuticals, LLC (McGrath, Jennifer)Attorney Jennifer J. McGrath added to party Avidas Pharmaceuticals, LLC(pty:dft) (rmc). |
Filing 40 Mail Returned as Undeliverable re #36 Order on Motion to Substitute Attorney. Mail sent to Stephen M. Tornay. (rmc) |
Filing 39 MOTION for Order Granting Leave to File Third Amended Complaint by La Jolla Spa MD, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of James T. Ryan, #3 Exhibit No. 1 to Declaration of James T. Ryan (Proposed Third Amended Complaint))(Ryan, James) (rmc). |
Filing 38 Ex Parte MOTION for Order to Amend Scheduling Order by La Jolla Spa MD, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Peter J. Pfund, #3 Declaration of James T. Ryan)(Ryan, James) (rmc). |
Filing 37 Mail Returned as Undeliverable re #34 Order to Show Cause. Mail sent to Stephen Tornay. (rmc) |
Filing 36 ORDER Granting #35 Motion to Substitute Attorney. Attorney Peter John Pfund and Stephen Tornay terminated, attorney James T. Ryan added. Signed by Judge Michael M. Anello on 11/2/2018. (All non-registered users served via U.S. Mail Service)(Copies also mailed to Margie Gardner, Julie Chovanes)(rmc) |
Filing 35 MOTION to Substitute Attorney by La Jolla Spa MD, Inc.. (Ryan, James)Attorney James T. Ryan added to party La Jolla Spa MD, Inc.(pty:pla) (rmc). |
Filing 34 ORDER TO SHOW CAUSE Why Sanctions Should Not Issue for Defendant's Failure to Enter in the Appearance of New Counsel. The Court orders Avidas to show cause why the Court should not impose sanctions, including entry of default, in a writing not to exceed 5 pages on or before 11/16/2018. Failure to do so may result in the Clerk's entry of default against Avidas. Signed by Judge Michael M. Anello on 10/26/2018.(Hard copies mailed to Margie Gardner, Julie Chovanes)(All non-registered users served via U.S. Mail Service)(rmc) |
Filing 33 Mail Returned as Undeliverable re #32 ORDER Vacating Mandatory Settlement Conference. Mail sent to Plaintiff's attorney Stephen Tornay. (rmc) |
Filing 32 ORDER Vacating Mandatory Settlement Conference. The 8/28/2018 Mandatory Settlement Conference is vacated and will be rescheduled if and when counsel makes an appearance for Defendant Avidas Pharmaceuticals, LLC. Signed by Magistrate Judge William V. Gallo on 8/2/2018.(All non-registered users served via U.S. Mail Service)(rmc) |
Filing 31 Mail Returned as Undeliverable re #30 Order Granting Motion of Lewis Brisbois Bisgaard & Smith for Leave to Withdraw as Counsel. Mail sent to Plaintiff's attorney Stephen Tornay. (rmc) |
Filing 30 ORDER Granting #27 Motion of Lewis Brisbois Bisgaard & Smith for Leave to Withdraw as Counsel. The Court grants Defense counsel's motion to withdraw as counsel of record for Defendant Avidas. Accordingly, the Court vacates the 7/9/2018 hearing in this matter. The Clerk of Court is instructed to terminate Lewis Brisbois attorneys of record, Gary K. Brucker Jr. and Mary Kathleen Wyman, for Defendant Avidas. Defendant Avidas must enter in the appearance of new counsel on or before 8/1/2018. Signed by Judge Michael M. Anello on 7/5/2018. (Copies mailed to Margie Gardner, President, Avidas Pharmaceuticals LLC; and Julie Chovanes, Chovanes Law LLC) (All non-registered users served via U.S. Mail Service)(rmc) Modified to correct text on 7/5/2018 (rmc). |
Filing 29 Mail Returned as Undeliverable re #28 ORDER Rescheduling Mandatory Settlement Conference. Mail sent to Plaintiff's attorney Stephen Tornay. (rmc) |
Filing 28 ORDER Rescheduling Mandatory Settlement Conference. A Mandatory Settlement Conference shall be conducted on 8/28/2018 at 2:00 PM in the chambers of Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 6/13/2018.(All non-registered users served via U.S. Mail Service)(rmc) |
Filing 27 MOTION to Withdraw as Attorney by Avidas Pharmaceuticals, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Declaration of Gary K. Brucker, Jr., #3 Proof of Service)(Brucker, Gary) (rmc). |
Filing 26 ORDER Rescheduling Mandatory Settlement Conference. Due to a conflict with the Court's criminal calendar, the 6/22/2018 Mandatory Settlement Conference is vacated and rescheduled as set forth below. A Mandatory Settlement Conference shall be conducted on 6/15/2018, at 9:00 a.m. in the chambers of Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 4/30/2018.(rmc) |
Filing 25 Mail Returned as Undeliverable re #24 Scheduling Order. Mail sent to attorney Stephen M. Tornay. (rmc) |
Filing 24 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. A Mandatory Settlement Conference shall be conducted on 6/22/2018 at 2:00 PM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 4/19/2018.(All non-registered users served via U.S. Mail Service)(rmc) |
Filing 23 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Case Management Conference held on 4/19/2018(no document attached) (ajf) |
Filing 22 Notice of Substitution of Attorney by La Jolla Spa MD, Inc.. (Pfund, Peter)Attorney Peter John Pfund added to party La Jolla Spa MD, Inc.(pty:pla) Modified to Notice per chambers on 4/18/2018; Attorney Stephen M. Tornay associated with La Jolla Spa MD, Inc. and Attorney Sean Simpson terminated; QC mail sent re Tornay address/email information (rmc). |
Filing 21 ORDER Following Status Conference. A telephonic status conference was held on 3/19/2018. The Court will convene a telephonic status conference on 4/19/2018 at 7:30 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 3/21/2018.(rmc) |
Filing 20 ORDER After Status Conference, Continuing Case Management Conference. A telephonic status conference was held on 3/1/2018. The Case Management Conference scheduled for 3/1/2018 was not held and was continued to 3/19/2018 at 8:30 AM before Magistrate Judge William V. Gallo. The Court will initiate the call. Signed by Magistrate Judge William V. Gallo on 3/1/2018.(rmc) |
Filing 19 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference held on 3/1/2018. Order to issue.(no document attached) (ajf) |
Filing 18 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Early Neutral Evaluation Conference held on 2/16/2018. Case Management Conference not held and continued to March 1, 2018 at 11:00 a.m. No later than February 28, 2018, attorneys who intend to participate on the teleconference shall notify the Court via efile_Gallo@casd.uscourts.gov the names of the attorneys who will appear for each side and each attorney's direct telephone number. The Court will initiate the teleconference. SO ORDERED by Judge William V. Gallo on February 16, 2018.(no document attached) (ajf) |
Filing 17 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference re any pre-ENE issues held on 1/22/2018(no document attached) (ajf) |
Filing 16 NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. It is hereby ordered that an Early Neutral Evaluation is set for 2/16/2018 at 9:00 AM in Courtroom 2A before Magistrate Judge William V. Gallo. A Case Management Conference is also set for 2/16/2018 at 9:00 AM in Courtroom 2A before Magistrate Judge William V. Gallo. A Telephonic Status Conference is set for 1/22/2018 at 8:15 AM before Magistrate Judge William V. Gallo. Joint Discovery Plan due 1/12/2018. Signed by Magistrate Judge William V. Gallo on 11/28/2017.(rmc) |
Filing 15 ANSWER to Complaint -Plaintiffs' Second Amended Complaint by Avidas Pharmaceuticals, LLC. (Attachments: #1 Proof of Service)(Wyman, Mary) (rmc). |
Filing 14 NOTICE of Appearance by Mary Kathleen Wyman on behalf of Avidas Pharmaceuticals, LLC (Attachments: #1 Proof of Service)(Wyman, Mary)Attorney Mary Kathleen Wyman added to party Avidas Pharmaceuticals, LLC(pty:dft) (rmc). |
Filing 13 Notice of Document Discrepancies and Order Thereon by Judge Michael M. Anello Rejecting, from Plaintiff La Jolla Spa MD, Inc. Non-compliance with local rule(s), Other: Untimely filed and non-compliant with the Courts Order [Doc. No. #10 ] regarding the claims brought by Plaintiff Dianne York-Goldman and the causes of action for breach of covenant of good faith and fair dealing and unjust enrichment and/or for quantum meruit. 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 Michael M. Anello on 11/14/2017.(ag) |
Filing 12 Second AMENDED COMPLAINT against La Jolla Spa MD, Inc., filed by La Jolla Spa MD, Inc.. (Simpson, Sean) (ag). |
Filing 11 STRICKEN DOCUMENT (ag). |
Filing 10 ORDER Granting in Part and Denying in Part Defendant's #4 Motion to Dismiss the Complaint. Plaintiffs must file a First Amended Complaint ("FAC"), if any, on or before 11/13/2017. Signed by Judge Michael M. Anello on 10/27/2017. (ag) |
Filing 9 Minute Order Taking Motion Under Submission: Defendant's #4 MOTION to Dismiss is currently set for hearing on July 24, 2017. The Court finds this matter suitable for determination on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the hearing is taken off calendar. SO ORDERED by Judge Michael M. Anello on July 18, 2017. (no document attached) (lmw) |
Filing 8 REPLY to Response to Motion re #4 MOTION to Dismiss the Comlaint filed by Avidas Pharmaceuticals, LLC. (Attachments: #1 Proof of Service Proof of Service of Reply to Opposition to Avidas Pharmaceuticals, LLC's Motion to Dismiss the Complaint)(Brucker, Gary) (ag). |
Filing 7 RESPONSE in Opposition re #4 MOTION to Dismiss the Comlaint (with Exhibits Attached) filed by La Jolla Spa MD, Inc., Dianne York-Goldman. (Simpson, Jayme) (ag). |
Filing 6 MINUTE ORDER Re: OSC Re: Subject Matter Jurisdiction: Based on Defendant's #5 response to the Court's #3 Order to Show Cause Re: Subject Matter Jurisdiction, Defendant has demonstrated diversity jurisdiction to the Court's satisfaction at this stage. Defendant's #4 motion to dismiss remains pending and set for hearing on July 24, 2017. IT IS SO ORDERED by Judge Michael M. Anello on 6/13/2017. (no document attached) (lmw) |
Filing 5 RESPONSE TO ORDER TO SHOW CAUSE by Avidas Pharmaceuticals, LLC re #3 Order to Show Cause,. (Attachments: #1 Declaration Declaration of Margaret Gardner in Support of Defendant Avidas Pharmaceuticals, LLC's Response to Order to Show Cause Re: Subject Matter Jurisdiction, #2 Declaration Declaration of Dan C. McCall in Support of Defendant Avidas Pharmaceuticals, LLC's Response to Order to Show Cause Re: Subject Matter Jurisdiction, #3 Declaration Declaration of Michael Worne in Support of Defendant Avidas Pharmaceuticals, LLC's Response to Order to Show Cause Re: Subject Matter Jurisdiction, #4 Proof of Service Proof of Service of Defendant Avidas Pharmaceuticals, LLC's Response to Order to Show Cause Re: Subject Matter Jurisdiction)(Brucker, Gary) (ag). |
Filing 4 MOTION to Dismiss the Comlaint by Avidas Pharmaceuticals, LLC. (Attachments: #1 Memo of Points and Authorities Defendant Avidas Pharmaceuticals, LLC's Memorandum of Points and Authorities in Support of Motion to Dismiss the Complaint, #2 Request for Judicial Notice Defendant Avidas Pharmaceuticals, LLC's Request for Judicial Notice (with Exhibits attached), #3 Proof of Service Proof of Service of Defendant Avidas Pharmaceuticals, LLC's Motion to Dismiss the Complaint)(Brucker, Gary) (ag). |
Filing 3 ORDER TO SHOW CAUSE re: subject matter jurisdiction. The Court Orders that on or before June 14, 2017, Defendant show cause why this action should not be dismissed for lack of subject matter jurisdiction. Signed by Judge Michael M. Anello on 6/06/2017.(jpp) |
Filing 2 NOTICE of Party With Financial Interest by Avidas Pharmaceuticals, LLC, Does 1 through 10. Identifying Other Affiliate Margaret Gardner for Avidas Pharmaceuticals, LLC. (mxn) |
Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego - Central, case number 37-02017-00014484-CU-BC-CTL. (Filing fee $400 receipt number 0974-10132527.), filed by Does 1 through 10, Avidas Pharmaceuticals, LLC. (Attachments: #1 Civil Cover Sheet, #2 Declaration Margaret Gardner, #3 Proof of Service)The new case number is 3:17-cv-1124-MMA-WVG. Judge Michael M. Anello and Magistrate Judge William V. Gallo are assigned to the case.(mxn) (sjt). |
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