Houston Casualty Company v. Cibus US LLC
Plaintiff: Houston Casualty Company
Counter Claimant: Cibus US LLC
Case Number: 3:2019cv00828
Filed: May 3, 2019
Court: US District Court for the Southern District of California
Presiding Judge: Cynthia Bashant
Referring Judge: David D Leshner
2 Judge: Linda Lopez
3 Judge: Jinsook Ohta
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 in Diversity-Insurance Contract
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 14, 2023 Filing 232 Cibus US LLCs Post-Trial Brief Re: Bad Faith And HCCs Advice-Of-Counsel Defense (Attachments: #1 Declaration of Douglas J. Brown in Support, #2 Exhibit A - C to Brown Declaration)(Brown, Douglas) (exs).
July 14, 2023 Filing 231 Houston Casualty Company's Supplemental Phase II Trial Brief (Attachments: #1 Declaration of Steven D. Allison in Support, #2 Exhibit 1 to Allison Declaration, #3 Exhibit 2 to Allison Declaration, #4 Exhibit 3 to Allison Declaration, #5 Exhibit 4 to Allison Declaration, #6 Exhibit 5 to Allison Declaration, #7 Exhibit 6 to Allison Declaration, #8 Exhibit 7 to Allison Declaration)(Allison, Steven) (exs).
July 14, 2023 Filing 230 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Phase II Bench Trial - Day 4 held on 7/13/2023, before Judge Jinsook Ohta. Court Reporter/Transcriber: Abigail R. Torres. 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 8/4/2023. Redacted Transcript Deadline set for 8/14/2023. Release of Transcript Restriction set for 10/12/2023. (exs)(jrd)
July 13, 2023 Filing 229 COUNTER DEFENDANT EXHIBIT LIST. (smy)
July 13, 2023 Filing 228 COUNTER CLAIMANT EXHIBIT LIST. (smy)
July 13, 2023 Filing 227 JOINT (STIPULATED) EXHIBIT LIST. (smy)
July 13, 2023 Filing 226 WITNESS LIST. (smy)
July 13, 2023 Filing 225 Minute Entry for proceedings held before Judge Jinsook Ohta: Bench Trial completed on 7/13/2023. Day of Trial 4. Swore witnesses. Exhibits marked/received. The Court submits the matter. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Steven D. Allison; James Hazlehurst; Jordan Kevin Jeffery). (Defendant Attorney Joseph J. Ybarra; Douglas J. Brown). (no document attached) (smy)
July 12, 2023 Filing 224 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Phase II Bench Trial - Day 3 held on 7/7/2023, before Judge Jinsook Ohta. Court Reporter/Transcriber: Abigail R. Torres. 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 8/2/2023. Redacted Transcript Deadline set for 8/14/2023. Release of Transcript Restriction set for 10/10/2023. (exs)(jrd)
July 12, 2023 Filing 223 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Phase II Bench Trial - Day 2 held on 7/6/2023, before Judge Jinsook Ohta. Court Reporter/Transcriber: Abigail R. Torres. 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 8/2/2023. Redacted Transcript Deadline set for 8/14/2023. Release of Transcript Restriction set for 10/10/2023. (exs)(jrd)
July 7, 2023 Filing 222 Minute Entry for proceedings held before Judge Jinsook Ohta: Bench Trial held on 7/7/2023. Day of Trial 3. Swore witnesses. Exhibits marked/received. Bench Trial continued to 7/13/2023 08:30 AM in Courtroom 4C before Judge Jinsook Ohta. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Steven D. Allison; James Hazlehurst; Jordan Kevin Jeffery). (Defendant Attorney Douglas J. Brown; Joseph J. Ybarra). (no document attached) (smy)
July 6, 2023 Filing 221 Minute Entry for proceedings held before Judge Jinsook Ohta: Bench Trial held on 7/6/2023. Day of Trial 2. Swore witnesses. Exhibits marked/received. Bench Trial continued to 7/7/2023 08:30 AM in Courtroom 4C before Judge Jinsook Ohta. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Steven D. Allison; James Hazlehurst; Jordan Kevin Jeffery). (Defendant Attorney Douglas J. Brown; Joseph J. Ybarra). (no document attached) (smy)
July 6, 2023 Filing 220 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Phase II Trial held on 6/29/2023, before Judge Phase II Trial. Court Reporter/Transcriber Abigail R. Torres. 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 7/27/2023. Redacted Transcript Deadline set for 8/7/2023. Release of Transcript Restriction set for 10/4/2023. (exs)
June 29, 2023 Filing 219 Minute Entry for proceedings held before Judge Jinsook Ohta: Bench Trial (Phase II) held on 6/29/2023. Day of Trial 1. Opening statements made. Swore witnesses. Exhibits marked/received. Bench Trial continued to 7/6/2023 08:30 AM in Courtroom 4C before Judge Jinsook Ohta. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Steven D. Allison; James Hazlehurst; Jordan Kevin Jeffery). (Defendant Attorney Douglas J. Brown; Joseph J. Ybarra). (no document attached) (smy)
June 27, 2023 Filing 218 Cibus US LLCs Opposition to HCCs Motion In Limine No. 4 Re: Scope of Phase II Trial (Attachments: #1 Declaration of Douglas J. Brown in Support and Exhibit A)(Brown, Douglas) v (exs).
June 26, 2023 Filing 217 Houston Casualty Company's Motion in Limine No. 4 Regarding Scope of Phase II Trial (Attachments: #1 Declaration of Steven D. Allison, #2 Exhbits A and B)(Allison, Steven) (exs).
June 22, 2023 Filing 216 Cibus US LLCs Phase II Trial Brief (Ybarra, Joseph) (exs).
June 22, 2023 Filing 215 Houston Casualty Company's Trial Brief Regarding June 29, 2023 Bench Trial (Allison, Steven) (exs).
June 15, 2023 Opinion or Order Filing 214 ORDER Re: Motions in Limine. Signed by Judge Jinsook Ohta on 6/14/2023. (All non-registered users served via U.S. Mail Service)(exs)
June 12, 2023 Filing 213 Minute entry for proceedings held before Judge Jinsook Ohta: Motions In Limine Hearing and Final Pretrial Conference held on 6/12/2023. The Court defers ruling on the #203 In Limine MOTION MIL No. 1 Regarding Alleged Grower Statements About Purchasing Decisions by Houston Casualty Company; grants #204 In Limine MOTION MIL No. 2 to Exclude Undisclosed Expert Opinions and/or Improper Lay Opinion filed by Houston Casualty Company; and reserves on #205 In Limine MOTION MIL No. 3 Regarding Damages Documents by Houston Casualty Company. Bench Trial set for 6/29/2023 at 08:30 AM in Courtroom 4C before Judge Jinsook Ohta - Confirmed. (Court Reporter/ECR Stephanie Whitehead). (Plaintiff Attorney Steven D. Allison; James Hazlehurst; Jordan Kevin Jeffery).(Defendant Attorney Douglas J. Brown; Joseph J. Ybarra). (no document attached) (smy)
June 5, 2023 Filing 212 Cibus US LLCs Opposition to HCCs Motion In Limine No. 3 Re: Damages Documents (Brown, Douglas) (exs).
June 5, 2023 Filing 211 Cibus US LLCs Opposition to HCCs Motion in Limine No. 2 Re: Undisclosed Expert Opinions And/Or Improper Lay Opinion (Attachments: #1 Declaration of Douglas J. Brown in Support, #2 Exhibit A to D)(Brown, Douglas) (exs).
June 5, 2023 Filing 210 Cibus US LLC's Opposition to HCC's Motion in Limine No. 1 Re: Grower Statements about Purchasing Decisions (Attachments: #1 Declaration of Douglas J. Brown in Support)(Brown, Douglas) (exs).
June 5, 2023 Filing 209 NOTICE of Trial Date and Time: Phase II Bench Trial (Day 1) is set for 6/29/2023 at 08:30 AM in Courtroom 4C before Judge Jinsook Ohta. (no document attached) (smy)
May 25, 2023 Filing 208 NOTICE of Appearance re Joseph J. Ybarra by Joseph J. Ybarra on behalf of Cibus US LLC (Ybarra, Joseph)Attorney Joseph J. Ybarra added to party Cibus US LLC(pty:dft) (exs).
May 25, 2023 Filing 207 NOTICE of Withdrawal of Counsel re Ryan D. White by Cibus US LLC (Brown, Douglas) (exs).
May 24, 2023 Filing 206 OBJECTION by Houston Casualty Company re #184 Memorandum of Facts and Contentions of Law (to Cibus US LLC's Pretrial Disclosures). (Attachments: #1 Exhibit A)(Allison, Steven)
May 24, 2023 Filing 205 In Limine MOTION MIL No. 3 Regarding Damages Documents by Houston Casualty Company. (Allison, Steven)
May 24, 2023 Filing 204 In Limine MOTION MIL No. 2 to Exclude Undisclosed Expert Opinions and/or Improper Lay Opinion by Houston Casualty Company. (Allison, Steven)
May 24, 2023 Filing 203 In Limine MOTION MIL No. 1 Regarding Alleged Grower Statements About Purchasing Decisions by Houston Casualty Company. (Attachments: #1 Declaration of Steven D. Allison in Support, #2 Exhibit A-J to Allison Declaration)(Allison, Steven)
May 24, 2023 Filing 202 OBJECTION by Cibus US LLC Objections to Houston Casualty Company's Rule 26 Pretrial Disclosures (Phase II). (Attachments: #1 Exhibit A - Objections Designated Exhibits)(Brown, Douglas) (dlg).
May 22, 2023 Opinion or Order Filing 201 Minute Order by Judge Jinsook Ohta: The Court grants the parties' proposed pretrial scheduling order regarding the Phase II Pretrial and Trial Dates [Dkt. 200]. The Court sets the motion in limine hearing and pretrial conference for June 12, 2023 at 9:30am. The Court sets the Phase II Trial for June 29, July 6, and July 7, 2023. (sjc)
May 18, 2023 Filing 200 Joint Statement of the Parties Regarding Stipulated Phase II Pretrial Schedule (Allison, Steven) (exs).
May 10, 2023 Filing 199 NOTICE Notice re Parties' Selection of Phase II Trial Dates by Cibus US LLC (White, Ryan) (exs).
May 1, 2023 Filing 198 Cibus US LLCs Response Re: Houston Casualty Companys Ex Parte Motion for A Continuance Of Phase II Trial Date (White, Ryan) (exs).
April 28, 2023 Opinion or Order Filing 197 Minute Order by Judge Jinsook Ohta: The Court grants in part and denies in part Houston Casualty Company's ex parte motion [Dkt. 194] to continue the Phase II Trial set for the week of July 3, 2023. Given the parties' unavailability during the weeks of June 26, 2023 and July 3, 2023, the Court vacates the Phase II Trial date and resets the trial for the week of June 19, 2023. The deadline to submit a stipulated pretrial scheduling order or notify the Court of settlement remains May 19, 2023. If the parties notify the Court that they plan to proceed with trial, the stay will be lifted as of that date. Signed by Judge Jinsook Ohta on 4/28/2023. (no document attached) (sjc)
April 26, 2023 Filing 196 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 12/14/2022, before Judge Jinsook Ohta. Court Reporter/Transcriber Abigail R. Torres. 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 5/17/2023. Redacted Transcript Deadline set for 5/30/2023. Release of Transcript Restriction set for 7/25/2023. (exs)
April 26, 2023 Filing 195 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 3/29/2023, before Judge Jinsook Ohta. Court Reporter/Transcriber Abigail R. Torres. 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 5/17/2023. Redacted Transcript Deadline set for 5/30/2023. Release of Transcript Restriction set for 7/25/2023. (exs)
April 25, 2023 Filing 194 Houston Casualty Company's Ex Parte Motion for a Continuance of Phase II Trial Date (Attachments: #1 Declaration of Steven D. Allison, #2 Exhibits A-E)(Allison, Steven) (exs).
April 4, 2023 Opinion or Order Filing 193 ORDER Denying #176 Cibus's Motion for Leave to File Supplemental CounterClaim; Denying #175 HCC's Motions Regarding Reputational Damages and #174 Attorney Fees; and Deferring Ruling on Admissibility. Signed by Judge Jinsook Ohta on 4/4/2023. (exs)
March 29, 2023 Filing 192 Minute Entry for proceedings held before Judge Jinsook Ohta: Motion Hearing held on 3/29/2023 re #175 MOTION and Matter of Law Regarding Reputation Damages, #174 MOTION and Matter of Law Motion Regarding Attorneys' Fees, #176 MOTION to Supplement Notice of Motion for Leave to File Supplemental Counterclaim. The Court will issue a written order. This case is stayed until 6/29/2023. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Steven D. Allison; Jordan Kevin Jeffery). (Defendant Attorney Douglas J. Brown; Ryan White). (no document attached) (smy)
March 27, 2023 Filing 191 Houston Casualty Company's Response to CIBUS US LLC's Submission RE: Proposed Testimony in Support of Reputational Damages (Attachments: #1 Declaration of Steven D. Allison in Support, #2 Exhibit A to Allison Declaration)(Allison, Steven) (exs).
March 27, 2023 Filing 190 NOTICE of Withdrawal of Documents Filed as Docket Entries #188 , 188-1, and 188-2 by Houston Casualty Company re #188 Response - Other, (Allison, Steven) (exs).
March 24, 2023 Filing 189 NOTICE of Errata re Document Filed as Docket Entry 188-1, Declaration of Steven D. Allison in Support of Houston Casualty Company's Response to Cibus US LLC's Submission re: Proposed Testimony in Support of Reputational Damages by Houston Casualty Company re #188 Response - Other, (Attachments: #1 Exhibit A - Declaration of Steven D. Allison ISO HCC's Response to Cibus' Submission, #2 Exhibit B - Exhibit A to Allison Declaration)(Allison, Steven) (QC Mailer sent re: Notice of Errata filing) (exs).
March 24, 2023 Filing 188 ***Document withdrawn per ECF #190 *** Houston Casualty Company's Response to Cibus US LLC's Submission Re: Proposed Testimony in Support of Reputational Damages (Attachments: #1 Declaration of Steven D. Allison, #2 Exhibit A to Allison Declaration)(Allison, Steven) (exs). Modified to withdraw (exs).
March 22, 2023 Filing 187 Cibus US LLCs Submission Re: Proposed Testimony In Support Of Reputational Damages (White, Ryan) (exs).
March 13, 2023 Opinion or Order Filing 186 Minute Order by Judge Jinsook Ohta: The Court grants the parties' joint motion [Dkt. 183] to continue the Phase II pretrial and trial dates. Accordingly, the Court vacates the Phase II pretrial and trial dates and sets a status hearing for 3/29/23. The hearing on the pending motions remains set for 3/29/23. During this hearing, the parties should also be prepared to discuss the admissibility of Cibus's proposed testimony to prove reputational damages from HCC's alleged bad faith delay of handling the farmer claims. Cibus shall file a submission proffering the testimony it proposes and addressing its admissibilility, no longer than three pages, by 3/22/23. HCC may file a response, no longer than three pages, by 3/24. Signed by Judge Jinsook Ohta on 3/13/2023. (no document attached) (sjc)
March 10, 2023 Filing 185 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW Regarding Trial Phase II., by Houston Casualty Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Allison, Steven) (maq).
March 10, 2023 Filing 184 MEMORANDUM OF CONTENTIONS OF FACTS AND LAW by Cibus US LLC. (Attachments: #1 Appendix Cibus US LLC Phase II Exhibit List)(White, Ryan) (maq).
March 6, 2023 Filing 183 Joint Motion for Continuance of Phase II Pretrial and Trial Dates (Attachments: #1 Declaration of Steven D. Allison, #2 Exhibit A to Allison Declaration)(Allison, Steven) (exs).
March 2, 2023 Opinion or Order Filing 182 Minute Order by Judge Jinsook Ohta: The Court sets a hearing on the pending motion [Dkt. 175] regarding reputational damages, motion [Dkt. 174] regarding attorneys' fees, and motion [Dkt. 176] for leave to file supplemental counterclaim for 3/29/2023 at 9:30 AM in Courtroom 4C. Parties and counsel may appear in person or by videoconference. The courtroom deputy will provide videoconference details prior to the hearing.(no document attached) (sjc)
February 22, 2023 Filing 181 Cibus US LLCs Reply Memorandum In Support Of Motion For Leave To File Supplemental Counterclaim (Attachments: #1 Declaration Of Douglas J. Brown, #2 Appendix of Exhibits A-D)(Brown, Douglas) (exs).
February 15, 2023 Filing 180 Cibus US LLCs Opposition to Houston Casualty Companys Matter of Law Motion Regarding Unavailability of Attorneys Fees (Brown, Douglas) (exs).
February 15, 2023 Filing 179 Cibus US LLCs Opposition to Houston Casualty Companys Matter of Law Motion Regarding Reputation Damages(Brown, Douglas) (exs).
February 15, 2023 Filing 178 Houston Casualty Company's Memorandum of Points and Authorities in Opposition to CIBUS' Motion for Leave to Amend (Attachments: #1 Declaration of Steven D. Allison, #2 Exhibits A-N)(Allison, Steven) (exs).
February 13, 2023 Opinion or Order Filing 177 ORDER granting [Dkt. 173] Joint Motion regarding Stipulated Phase II Pretrial and Trial Dates. (no document attached) (sjc)
February 1, 2023 Filing 176 Cibus US LLC's Notice of Motion for Leave to File Supplemental Counterclaim (Attachments: #1 Supplement Motion For Leave To File Supplemental Counterclaim, #2 Declaration in Support of Cibus US LLCs Motion For Leave To File Supplemental Counterclaim, #3 Appendix of Exhibits 1-2, A-J)(White, Ryan) (exs).
February 1, 2023 Filing 175 Houston Casualty Company's Notice of Motion and Matter of Law Motion Regarding Reputation Damages (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Steven D. Allison, #3 Exhibits A-F)(Allison, Steven) (exs).
February 1, 2023 Filing 174 Houston Casualty Company's Notice of Motion and Matter of Law Motion Regarding Attorneys' Fees (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Steven D. Allison, #3 Exhibits A-F)(Allison, Steven) (exs).
January 31, 2023 Filing 173 Joint Statement of the Parties Regarding Proposed Phase II Pretrial and Trial Dates (Allison, Steven) (exs).
December 19, 2022 Filing 172 Findings of Fact and Conclusions of Law Regarding Phase I Trial. Signed by Judge Jinsook Ohta on 12/19/2022.(exs)
December 14, 2022 Filing 171 Minute Entry for proceedings held before Judge Jinsook Ohta: Status Conference held on 12/14/2022. Bench Trial set for 4/17/2023 08:30 AM in Courtroom 4C before Judge Jinsook Ohta. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Terrence R. McInnis; Steven D. Allison). (Defendant Attorney Ryan White; Douglas J. Brown). (no document attached) (smy)
November 29, 2022 Opinion or Order Filing 170 Amended Minute Order by Judge Jinsook Ohta: The Court sets a Status Conference for 12/14/2022 at 8:30 AM in Courtroom 4C. Parties and counsel shall appear by videoconference only. The courtroom deputy will provide a videoconference link prior to the hearing. (sjc) (no document attached) (sjc)
November 29, 2022 Opinion or Order Filing 169 Minute Order by Judge Jinsook Ohta: The Court sets a Status Conference for 12/14/2022 at 8:30 AM in Courtroom 4C. Parties and counsel may appear in person or by videoconference. The courtroom deputy will provide a videoconference link prior to the hearing. (sjc)
November 22, 2022 Filing 168 Minute entry for proceedings held before Magistrate Judge David D. Leshner:A Settlement Conference was held on 11/22/2022. The case did not settle. (Plaintiff Attorney Terrence McInnis).(Defendant Attorney Marc Halpern, Ryan White). (no document attached) (src)
November 17, 2022 Filing 167 NOTICE of Appearance of Counsel by Steven D. Allison on behalf of Houston Casualty Company (Allison, Steven)Attorney Steven D. Allison added to party Houston Casualty Company(pty:cd), Attorney Steven D. Allison added to party Houston Casualty Company(pty:pla) (exs).
November 16, 2022 Opinion or Order Filing 166 Order by Judge Jinsook Ohta: The attached civil chambers rules will take effect immediately. Parties should especially note the meet and confer requirements prior to obtaining a hearing date for a noticed motion. (smy)
November 11, 2022 Filing 165 Houston Casualty Company's Objections to #163 Cibus US LLC's Proposed Findings of Fact and Conclusions of Law (Attachments: #1 Exhibit A)(McInnis, Terrence) (exs).
November 9, 2022 Filing 164 Minute Entry Continuing Settlement Conference. At defendant's request and without objection from plaintiff, the November 10, 2022 Settlement Conference is hereby continued to November 22, 2022 at 2:00 p.m. All parties (or party representatives) are ORDERED to appear. This conference will not be continued again. A videoconference link will be sent to all counsel. The Court is in receipt of each side's confidential settlement statement and no further briefing will be accepted. (Settlement Conference set for 11/22/2022 02:00 PM before Magistrate Judge David D. Leshner.)(no document attached) (src)
October 28, 2022 Filing 163 Proposed Findings of Fact and Conclusions of Law (White, Ryan) (exs).
October 26, 2022 Filing 162 Corrected DEFENDANT EXHIBIT LIST. (smy)
October 26, 2022 Filing 161 Corrected WITNESS LIST. (smy)
October 25, 2022 Filing 160 Minute Entry for proceedings held before Magistrate Judge David D. Leshner: The Court hereby sets a Settlement Conference in this matter for November 10, 2022 at 9:00 a.m. Party attendance is required. The Settlement Conference will be conducted by videoconference and a link will be sent to counsel of record in advance of the conference. Not later than November 3, 2022, the parties must submit a confidential settlement brief of no more than 5 pages to Judge Leshner's chambers at efile_leshner@casd.uscourts.gov. The settlement briefs should address the parties' current settlement positions, taking into consideration the Phase I trial proceedings, and should state a specific monetary settlement demand or offer. The parties should also identify by name and title the party representatives who will be in attendance at the Settlement Conference. Any questions regarding the November 10, 2022 Settlement Conference may be directed to the Court's staff at 619-837-6526. Settlement Conference set for 11/10/2022 09:00 AM before Magistrate Judge David D. Leshner.(no document attached) (src)
October 14, 2022 Filing 159 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Day 5 held on October 12, 2022, before Judge Jinsook Ohta. Court Reporter/Transcriber Abigail R. Torres. 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 11/4/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/12/2023. (exs)
October 13, 2022 Filing 158 DEFENDANT EXHIBIT LIST. (smy)
October 13, 2022 Filing 157 PLAINTIFF EXHIBIT LIST. (smy)
October 13, 2022 Filing 156 WITNESS LIST. (smy)
October 12, 2022 Filing 155 Minute Entry for proceedings held before Judge Jinsook Ohta: Bench Trial held on 10/12/2022. Day of Trial 5. Witnesses appeared via deposition. Exhibits marked/received. Closing arguments made. The Court orders Defendant to file its proposed findings of fact and conclusions of law by 10/28/2022 and orders Plaintiff to file its objections to the proposed findings of fact and conclusions of law by 11/11/2022. Bench Trial concluded. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Terrence R. McInnis; Louise M. McCabe; Jordan Kevin Jeffery). (Defendant Attorney Ryan White; Douglas J. Brown). (no document attached) (smy)
October 11, 2022 Filing 154 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Day 4 held on September 30, 2022, before Judge Jinsook Ohta. Court Reporter/Transcriber Abigail R. Torres. 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 11/1/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/9/2023. (exs)
October 4, 2022 Filing 153 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Day 3 held on 9/29/2022, before Judge Jinsook Ohta. Court Reporter/Transcriber Abigail R. Torres. 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 10/25/2022. Redacted Transcript Deadline set for 11/4/2022. Release of Transcript Restriction set for 1/3/2023. (exs)
October 4, 2022 Filing 152 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Day 2 held on 9/28/2022, before Judge Jinsook Ohta. Court Reporter/Transcriber Abigail R. Torres. 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 10/25/2022. Redacted Transcript Deadline set for 11/4/2022. Release of Transcript Restriction set for 1/3/2023. (exs)
October 4, 2022 Filing 151 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Day 1 held on 9/26/2022, before Judge Jinsook Ohta. Court Reporter/Transcriber Abigail R. Torres. 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 10/25/2022. Redacted Transcript Deadline set for 11/4/2022. Release of Transcript Restriction set for 1/3/2023. (exs)
September 30, 2022 Filing 150 Minute Entry for proceedings held before Judge Jinsook Ohta: Bench Trial held on 9/30/2022. Day of Trial 4. Swore witnesses. Exhibits marked/received. Bench Trial continued to 10/12/2022 01:30 PM in Courtroom 4C before Judge Jinsook Ohta. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Louise M. McCabe; Terrence R. McInnis; James Hazlehurst; Jordan Kevin Jeffery). (Defendant Attorney Douglas J. Brown; Ryan White). (no document attached) (smy)
September 29, 2022 Filing 149 Minute Entry for proceedings held before Judge Jinsook Ohta: Bench Trial held on 9/29/2022. Day of Trial 3. Swore witnesses. Exhibits marked/received. Bench Trial continued to 9/30/2022 08:30 AM in Courtroom 4C before Judge Jinsook Ohta. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Louise M. McCabe; Terrence R. McInnis; James Hazlehurst; Jordan Kevin Jeffery). (Defendant Attorney Douglas J. Brown; Ryan White). (no document attached) (smy)
September 28, 2022 Filing 148 Minute Entry for proceedings held before Judge Jinsook Ohta: Bench Trial held on 9/28/2022. Day of Trial 2. Swore witnesses. Exhibits marked/received. Bench Trial continued to 9/29/2022 08:30 AM in Courtroom 4C before Judge Jinsook Ohta. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Louise M. McCabe; Terrence R. McInnis; James Hazlehurst; Jordan Kevin Jeffery). (Defendant Attorney Douglas J. Brown; Ryan White). (no document attached) (smy)
September 26, 2022 Filing 147 Minute Entry for proceedings held before Judge Jinsook Ohta: Bench Trial held on 9/26/2022. Day of Trial 1. Opening statements made. Swore witnesses. Exhibits marked/received. Bench Trial continued to 9/28/2022 08:30 AM in Courtroom 4C before Judge Jinsook Ohta. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Louise M. McCabe; Terrence R. McInnis; James Hazlehurst; Jordan Kevin Jeffery). (Defendant Attorney Douglas J. Brown; Ryan White). (no document attached) (smy)
September 19, 2022 Filing 146 Houston Casualty Company's Proposed Findings of Fact and Conclusions of Law for Trial Phase I (McInnis, Terrence) (exs).
September 19, 2022 Filing 145 Houston Casualty Company's TRIAL BRIEF (McInnis, Terrence) (exs).
September 13, 2022 Filing 144 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial Conference and Motion in Limine held on 9/7/2022, before Judge Jinsook Ohta. Court Reporter/Transcriber Abigail Torres. 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 10/4/2022. Redacted Transcript Deadline set for 10/14/2022. Release of Transcript Restriction set for 12/12/2022. (smy1)(jrd)
September 13, 2022 Filing 143 Minute Entry for proceedings held before Magistrate Judge David D. Leshner:A Settlement Conference was held on 9/12/2022. (Plaintiff Attorney Terrence McInnis). (Defendant Attorney Marc Halpern, Ryan White). (no document attached) (src)
September 12, 2022 Opinion or Order Filing 142 ORDER: Plaintiffs motion [Dkt. 121] is granted in part and denied in part as follows: Motion in Limine No. 1 is GRANTED, Motion in Limine No. 2 is DENIED, Motion in Limine No. 3 is GRANTED, and Motion in Limine No. 4 is DENIED. Defendants Motion in Limine No. 1 [Dkt. 122] is GRANTED, Motion in Limine No. 2 [Dkt. 123] is DENIED, and Motion in Limine No. 3 [Dkt. 124] is DENIED. Plaintiffs ex parte motion to strike [Dkt. 127] is DENIED as moot.Signed by Judge Jinsook Ohta on 9/7/2022. (exs)
September 7, 2022 Filing 141 Minute Entry for proceedings held before Judge Jinsook Ohta: Pretrial Conference and Motion In Limine Hearing held on 9/7/2022. The Court will issue a written order. The Bench Trial is set for 9/26/2022 at 08:30 AM in Courtroom 4C before Judge Jinsook Ohta. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Terrence R. McInnis; Louise M. McCabe; James Hazlehurst; Jordan Kevin Jeffery). (Defendant Attorney Ryan White; Douglas J. Brown). (no document attached) (smy)
September 7, 2022 Filing 140 Amended Notice of Videoconference Information. The Settlement Conference in this matter has been rescheduled to 9/12/2022 at 1:00 p.m. before Magistrate Judge David D. Leshner(exs) Modified docket text on 9/9/2022 (jrm).
September 6, 2022 Opinion or Order Filing 139 ORDER granting #138 Motion to Continue. Good cause appearing, the parties' request to convene the Settlement Conference on September 12, 2022 is GRANTED. The Court will hold the Settlement Conference by Zoom with instructions for appearances to follow by separate order. All other deadlines and instructions remain as previously set. Settlement Conference set for 9/12/2022 01:00 PM before Magistrate Judge David D. Leshner. Signed by Magistrate Judge David D. Leshner on 9/6/22. (no document attached) (src)
September 6, 2022 Filing 138 Joint MOTION to Continue Joint Request to Modify Settlement Conference Date by Cibus US LLC. (Halpern, Marc) (exs).
September 6, 2022 Filing 137 NOTICE of Videoconference Information for September 13, 2022 Settlement Conference. (fth)
August 31, 2022 Filing 136 Minute Order Setting Settlement Conference. The Court hereby sets a Settlement Conference before Magistrate Judge David D. Leshner on September 13, 2022 at 9:00 a.m. The Settlement Conference will be conducted by videoconference with instructions to follow by separate order. No later than 5:00 p.m. on September 8, 2022, the parties must lodge confidential settlement briefs of no more than 6 pages directly with Judge Leshner's chambers (efile_Leshner@casd.uscourts.gov). Pursuant to Civil Local Rule 16.3, parties or party representatives (other than counsel) who have complete authority to negotiate and enter into a binding settlement, must be present at the Settlement Conference. Any questions regarding the Settlement Conference may be directed to Judge Leshner's chambers at 619-837-6526. (Settlement Conference set for 9/13/2022 09:00 AM before Magistrate Judge David D. Leshner.)(no document attached) (src)
August 16, 2022 Opinion or Order Filing 135 ORDER OF TRANSFER. Magistrate Judge Andrew G. Schopler is no longer assigned. Case reassigned to Magistrate Judge David D. Leshner for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 18cv828-JO-DDL. Signed by Magistrate Judge Andrew G. Schopler on 8/15/2022.(axc)
July 29, 2022 Filing 134 RESPONSE in Opposition re #127 Ex Parte MOTION to Strike Document #123 In Limine MOTION to Preclude Use of Hearsay Exhibits (MIL No. 2), #124 In Limine MOTION to Preclude Use of Depositions as to Witnesses Providing Live Trial Testimony (MIL No. 3), #122 In Li filed by Cibus US LLC. (White, Ryan) (axc).
July 25, 2022 Filing 133 DECLARATION re #131 Response in Opposition to Motion, #132 Response in Opposition to Motion, #130 Response in Opposition to Motion, #129 Response in Opposition to Motion Declaration of D. J. Brown in Support of Cibus Opposition by Defendant Cibus US LLC. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A-N in Support of Opposition)(White, Ryan) (axc).
July 25, 2022 Filing 132 RESPONSE in Opposition re #121 In Limine MOTION to Preclude Evidence re HCC Motion in Limine No. 4 filed by Cibus US LLC. (White, Ryan) (axc).
July 25, 2022 Filing 131 RESPONSE in Opposition re #121 In Limine MOTION to Preclude Evidence re HCC Motion in Limine No. 3 filed by Cibus US LLC. (White, Ryan) (axc).
July 25, 2022 Filing 130 RESPONSE in Opposition re #121 In Limine MOTION to Preclude Evidence re HCC Motion in Limine No. 2 filed by Cibus US LLC. (White, Ryan) (axc).
July 25, 2022 Filing 129 RESPONSE in Opposition re #121 In Limine MOTION to Preclude Evidence re HCC Motion in Limine No. 1 filed by Cibus US LLC. (White, Ryan) (axc).
July 25, 2022 Filing 128 RESPONSE in Opposition re #123 In Limine MOTION to Preclude Use of Hearsay Exhibits (MIL No. 2), #124 In Limine MOTION to Preclude Use of Depositions as to Witnesses Providing Live Trial Testimony (MIL No. 3), #122 In Limine MOTION to Preclude Use of Lay Witness Scientific Opinion (MIL No. 1) filed by Houston Casualty Company. (Attachments: #1 Declaration of Terrence R. McInnis, #2 Appendix of Exhibits, #3 Exhibits A-N)(McInnis, Terrence) (axc).
July 25, 2022 Filing 127 Ex Parte MOTION to Strike Document #123 In Limine MOTION to Preclude Use of Hearsay Exhibits (MIL No. 2), #124 In Limine MOTION to Preclude Use of Depositions as to Witnesses Providing Live Trial Testimony (MIL No. 3), #122 In Limine MOTION to Preclude Use of Lay Witness Scientific Opinion (MIL No. 1) or, in the Alternative, for Leave to File Additional Pages in Response by Houston Casualty Company. (McInnis, Terrence) (axc).
July 25, 2022 Filing 126 NOTICE of Change of Hearing: The Motion In Limine Hearing and Pretrial Conference set for 8/17/2022 are vacated and reset for 9/7/2022 03:30 PM in Courtroom 4C before Judge Jinsook Ohta. (no document attached) (smy)
July 11, 2022 Filing 125 DECLARATION re #123 In Limine MOTION to Preclude Use of Hearsay Exhibits (MIL No. 2), #124 In Limine MOTION to Preclude Use of Depositions as to Witnesses Providing Live Trial Testimony (MIL No. 3), #122 In Limine MOTION to Preclude Use of Lay Witness Scientific Opinion (MIL No. 1) Declaration of D. Brown in Support (MIL Nos. 1-3) by Counter Claimant Cibus US LLC, Defendant Cibus US LLC. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A-D)(White, Ryan) (axc).
July 11, 2022 Filing 124 In Limine MOTION to Preclude Use of Depositions as to Witnesses Providing Live Trial Testimony (MIL No. 3) by Cibus US LLC. (White, Ryan) (axc).
July 11, 2022 Filing 123 In Limine MOTION to Preclude Use of Hearsay Exhibits (MIL No. 2) by Cibus US LLC. (White, Ryan) (axc).
July 11, 2022 Filing 122 In Limine MOTION to Preclude Use of Lay Witness Scientific Opinion (MIL No. 1) by Cibus US LLC. (White, Ryan) (axc).
July 11, 2022 Filing 121 In Limine MOTION to Preclude Evidence by Houston Casualty Company. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Terrence R. McInnis, #3 Appendix of Exhibits, #4 Exhibits A-K)(McInnis, Terrence) (axc).
June 2, 2022 Opinion or Order Filing 120 Minute Order by Judge Jinsook Ohta: Due to a conflict with the Court's schedule, the Pretrial Conference and Motions In Limine Hearing set for August 10, 2022 is vacated and reset for August 17, 2022 at 9:30 a.m. in Courtroom 4C. All deadlines remain unchanged. (no document attached) (smy)
May 10, 2022 Opinion or Order Filing 119 ORDER Setting Pretrial and Trial Dates re #118 . Signed by Judge Jinsook Ohta on 5/10/2022. (axc)
April 12, 2022 Filing 118 Joint MOTION for Hearing re #117 Order Regarding Proposed Pretrial and Trial Dates by Houston Casualty Company. (McInnis, Terrence) (axc).
March 2, 2022 Opinion or Order Filing 117 ORDER Setting Deadline for Submission of Proposed Pretrial and Trial Dates. Signed by Judge Jinsook Ohta on 3/2/22.(dlg)
March 2, 2022 Filing 116 Minute Entry for proceedings held before Judge Jinsook Ohta: Pretrial Conference held on 3/2/2022. Court to prepare order.(Court Reporter Abigail Torres). Attys appearing by Zoom: Plaintiff's Attorneys Terrence McInnis, Louise McCabe, James Halehurst, Jordan Jeffery. Defense Attorneys Ryan White and Douglas Brown. (no document attached) (bjb)
February 10, 2022 Opinion or Order Filing 115 ORDER Setting Video Telephonic Status Conference Before Trial. ( Status Conference set for 3/2/2022 09:30 AM before Judge Jinsook Ohta.). Signed by Judge Jinsook Ohta on 2/10/2022.(axc)
January 5, 2022 Opinion or Order Filing 114 ORDER OF TRANSFER: This case is transferred from the calendar of the Honorable Cynthia Bashant to the calendar of the Honorable Jinsook Ohta. All dates currently set before Judge Bashant are vacated and will be reset by Judge Ohta. Dates before the Magistrate Judge are unaffected by this Order. The new case number is 19cv828 JO (AGS). Signed by Judge Cynthia Bashant on 01/04/2022.(jcj)
January 3, 2022 Filing 113 OBJECTION by Cibus US LLC re #108 Pretrial Disclosures (Attachments: #1 Exhibit A - Cibus Objections to HCC Pretrial Designations, #2 Exhibit B - Cibus Objections to Testimony, Counter designations re Cass, #3 Exhibit C - Cibus Objections to Testimony, Counter designations re Schmidt, #4 Exhibit D - Cibus Objections to Testimony, Counter designations re Radtke, #5 Exhibit E - Cibus Objections to Testimony, Counter designations re Sippell, #6 Exhibit F - Cibus Objections to Testimony, Counter designations re Sulatyski, #7 Exhibit G - Cibus Objections to Testimony, Counter designations re Beetham, #8 Exhibit H - Exhibits Cibus Expects to Offer at Trial)(White, Ryan) (dxf).
January 3, 2022 Filing 112 OBJECTION by Houston Casualty Company re #110 Pretrial Disclosures . (Attachments: #1 Exhibit A, #2 Exhibit B)(McInnis, Terrence) (dxf).
December 28, 2021 Filing 111 IT IS HEREBY ORDERED that this case be transferred from the calendar of the Honorable Linda Lopez to the calendar of the Honorable Andrew G. Schopler for all further proceedings. All conference or hearing dates currently set before Magistrate Judge Lopez remain as scheduled before Magistrate Judge Andrew G. Schopler. Any dates set before any district judge remain unchanged.(no document attached) (rmc)
December 20, 2021 Filing 110 Pretrial Disclosures by Cibus US LLC (Attachments: #1 Exhibit A)(White, Ryan) (jmo).
December 20, 2021 Filing 109 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Cibus US LLC. (Attachments: #1 Exhibit A)(White, Ryan) (jmo).
December 20, 2021 Filing 108 Pretrial Disclosures by Houston Casualty Company (Attachments: #1 Exhibit A, #2 Exhibit B)(McInnis, Terrence) (jmo).
December 20, 2021 Filing 107 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Houston Casualty Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(McInnis, Terrence) (jmo).
November 29, 2021 Opinion or Order Filing 106 Order on Plaintiff's Ex Parte Motion to Clarify Scheduling Order (ECF No. #104 ). The trial set to commence on 3/22/22 will be a bench trial, not a jury trial, subject to the discretion and direction of the district judge. Bench Trial set for 3/22/2022 at 09:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Linda Lopez on 11/29/21. (jmo)
November 22, 2021 Filing 105 RESPONSE to Motion re #104 Ex Parte MOTION to Clarify Amended Scheduling Order [ECF No. 97] filed by Cibus US LLC. (Attachments: #1 Declaration of Douglas J. Brown in Support of Cibus Response to HCC Ex Parte Motion to Clarify Scheduling Order, #2 Exhibit A to Declaration of Douglas J. Brown)(White, Ryan) (jmo).
November 22, 2021 Filing 104 Ex Parte MOTION to Clarify Amended Scheduling Order [ECF No. 97] by Houston Casualty Company. (Attachments: #1 Declaration of Terrence McInnis)(McInnis, Terrence) (jmo).
November 16, 2021 Opinion or Order Filing 103 Order Vacating Settlement Conference. The parties and their counsel are not required to appear before the below signed Magistrate Judge on 11/18/21. All other dates remain as previously set. See ECF No. #97 . Signed by Magistrate Judge Linda Lopez on 11/16/21.(jmo)
October 21, 2021 Filing 102 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motions Hearing) held on 9/1/2021 before Judge Cynthia A. Bashant. Court Reporter/Transcriber: Anne Roldan. 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 11/12/2021. Redacted Transcript Deadline set for 11/22/2021. Release of Transcript Restriction set for 1/19/2022. (akr)
October 18, 2021 Filing 101 NOTICE Regarding Exhibit Attachment by Houston Casualty Company re Reply Memorandum of Points and Authorities in Support of Motion for Summary Judgment, or Partial Summary Judgment in the Alternative (Attachments: #1 Exhibit AAA)(McInnis, Terrence) (jmo).
October 18, 2021 Filing 100 NOTICE Regarding Exhibit Attachment by Houston Casualty Company re Daubert Motion to Exclude or Limit the Expert Testimony of Jim Radtke (Attachments: #1 Revised Redacted Memorandum of Points and Authorities, #2 Exhibit E, #3 Exhibit G, #4 Exhibit J, #5 Exhibit M, #6 Exhibit N, #7 Exhibit Q)(McInnis, Terrence) (jmo).
October 18, 2021 Filing 99 NOTICE Regarding Exhibit Attachment by Houston Casualty Company re Opposition to Cibus US LLC's Motion for Partial Summary Judgment (Attachments: #1 Exhibit TT)(McInnis, Terrence) (jmo).
October 18, 2021 Filing 98 NOTICE Regarding Exhibit Attachment by Houston Casualty Company re Motion for Summary Judgment or Partial Summary Judgment in the Alternative (Attachments: #1 Revised Redacted Memorandum of Points and Authorities, #2 Exhibit C, #3 Exhibit G, #4 Exhibit H, #5 Exhibit M, #6 Exhibit N, #7 Exhibit O, #8 Exhibit S, #9 Exhibit U, #10 Exhibit W, #11 Exhibit II)(McInnis, Terrence) (jmo).
October 6, 2021 Opinion or Order Filing 97 Amended Scheduling Order. Video Settlement Conference set for 11/18/2021 at 11:00 AM before Magistrate Judge Linda Lopez. Memorandum of Contentions of Fact and Law due by 12/20/2021. Proposed Pretrial Order due by 1/10/2022. Final Pretrial Conference set for 1/24/2022 at 11:00 AM before Judge Cynthia Bashant. Jury Trial set for 3/22/2022 at 09:00 AM before Judge Cynthia Bashant. All motions in limine are due no later than 2/7/22. Responses to the motions in limine due by 2/22/2022. Motion In Limine Hearing set for 3/14/2022 at 10:30 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Linda Lopez on 10/6/21.(jmo)
October 5, 2021 Filing 96 Minute Entry for proceedings held before Magistrate Judge Linda Lopez: A telephonic attorneys-only Status Conference was held on 10/5/2021. Order to follow. (Plaintiff Attorney Terrence R McInnis). (Defendant Attorneys Marc D. Halpern, Ryan White). (no document attached) (ssn)
October 4, 2021 Filing 95 NOTICE of Teleconference Information Sheet, re #94 Order, Set Hearings. Teleconference set for 10/5/21 at 11:30 AM. (jmo)
September 30, 2021 Opinion or Order Filing 94 Order Setting Status Conference. A telephonic, attorneys-only Status Conference will be held on 10/5/2021 at 11:30 AM before Magistrate Judge Linda Lopez. Signed by Magistrate Judge Linda Lopez on 9/30/21.(jmo)
September 28, 2021 Opinion or Order Filing 93 Order: (1) Denying Houston Casualty Company's Motion for Summary or Partial Summary Judgment (ECF No. #34 ); (2) Granting in Part and Denying in Part Cibus US, LLC's Motion for Partial Summary Judgment (ECF No. #40 ); and (3) Clarifying Order on Motion to Bifurcate (ECF No. #33 ). The Court orders the parties to jointly contact the Magistrate Judge to discuss resetting the remaining pretrial deadlines and scheduling trial, as well as whether another settlement conference is appropriate. Signed by Judge Cynthia Bashant on 9/27/21. (jmo)
September 20, 2021 Opinion or Order Filing 83 ORDER on Motions to Seal (ECF Nos. #35 , #41 , #44 , #54 , #57 , #64 , #66 , #74 ). Signed by Judge Cynthia Bashant on 9/20/2021. (anh)
September 3, 2021 Filing 82 SUPPLEMENTAL BRIEFING by Defendant Cibus US LLC re #79 Order, Cibus Response to Order Re: Parties' Eight Motions to Seal. (Attachments: #1 Declaration of Rosa Cheuk Kim in Support, #2 Declaration of James A. Radtke in Support, #3 Appendix of Exhibits in Support, #4 Exhibit B to ECF No. 34, #5 Exhibit D to ECF No. 34, #6 Exhibit K to ECF No. 34, #7 Exhibit L to ECF No. 34, #8 Exhibit Q to ECF No. 34, #9 Exhibit H to ECF No. 38, #10 Exhibit I to ECF No. 38, #11 Exhibit K to ECF No. 38, #12 Exhibit C to ECF No. 55, #13 Exhibit D to ECF No. 55, #14 Exhibit E to ECF No. 55, #15 Exhibit PP to ECF No. 65, #16 Exhibit RR to ECF No. 65, #17 Exhibit SS to ECF No. 65, #18 Exhibit YY to ECF No. 75, #19 Exhibit BBB to ECF No. 75)(Brown, Douglas) (jmo).
September 1, 2021 Filing 81 Minute Order for proceedings held before Judge Cynthia Bashant: Motion Hearing held on 9/1/2021. Court to issue order. Granting #33 Motion to Bifurcate; denying #38 Motion to Exclude Expert Testimony of Jim Radtke (Daubert Motion); granting in part and denying in part #39 Motion to Exclude Expert Testimony of Denise Schmidt and Christopher French (Daubert Motion). Granting as to Denise Schmidt and granting in part and denying in part as to Christopher French (excluding statements of law); granting in part and denying in part #43 Motion to Exclude (granting as to plant genetics). (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Terrence McInnis and Jordon Jeffery).(Defendant Attorney Marc Halpern, Douglas Brown, and Ryan White). (no document attached) (sxm)
August 20, 2021 Opinion or Order Filing 80 Order Setting Oral Argument (ECF Nos. #33 , #34 , #38 , #39 , #40 , #43 ). The Court orders the parties to appear on Wednesday, 9/1/2021 at 01:00 PM in Courtroom 4B before Judge Cynthia Bashant for oral argument on the parties' motions. The Court prefers to hold the hearing in person, but is amenable to appearances by Zoom. Signed by Judge Cynthia Bashant on 8/20/21.(jmo)
August 19, 2021 Opinion or Order Filing 79 Order re: Parties' Eight Motions to Seal (ECF Nos. #35 , #41 , #44 , #54 , #57 , #64 , #66 , #74 ). The Court needs more information to apply the sealing standard and resolve the parties' eight motions to seal. Cibus shall file the responses ordered no later than Friday, 9/3/21. Signed by Judge Cynthia Bashant on 8/18/21.(jmo)
March 15, 2021 Opinion or Order Filing 78 ORDER Granting in Part and Denying in Part Joint Motion Requesting Status Conference and Continuance of Pretrial Conference and Filing Deadlines (ECF No. #77 ). Parties are ORDERED to contact the chambers of the undersigned magistrate judge within three days of the resolution of the last of the currently pending motions for summary judgment [ECF Nos. #34 , #40 ), motion to bifurcate (ECF No. #33 ), and Daubert motions (ECF Nos. #38 , #39 , #43 ) so that the remaining pretrial and trial dates may be reset. The Court DENIES the request for a status conference. Signed by Magistrate Judge Linda Lopez on 3/15/21. (jmo)
March 11, 2021 Filing 77 Joint MOTION to Continue Joint Motion Requesting Status Conference and Continuance of Pre-Trial Conference and Filing Deadlines by Cibus US LLC. (White, Ryan)(jmo).
February 16, 2021 Filing 76 RESPONSE in Support re #40 MOTION for Partial Summary Judgment Response to Evidentiary Objections [73-2] filed by Houston Casualty Company. (McInnis, Terrence) (jmo).
February 9, 2021 Filing 75 **Filed under seal at doc. no. 92 per Order #83 ** SEALED LODGED Proposed Document re: #74 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Hazlehurst, James) (anh). Modified on 9/20/2021 (anh).
February 9, 2021 Filing 74 MOTION to File Documents Under Seal (With attachments)(Hazlehurst, James) (anh).
February 9, 2021 Filing 73 REPLY to Response to Motion re #40 MOTION for Partial Summary Judgment filed by Cibus US LLC. (Attachments: #1 Declaration of Marc D. Halpern in Support of Cibus and Exhibit A, #2 Evidentiary Objections Regarding Houston Casualty Company's Opposition to Cibus US LLC's Motion for Partial Summary Judgment, #3 Cibus US LLC's Response to Houston Casualty Company's Evidentiary Objections in Support of Opposition to Cibus US LLC's Motion to Partial Summary Judgment)(Halpern, Marc) (jmo).
February 9, 2021 Filing 72 Joint Statement of Undisputed Material Facts by Houston Casualty Company, re #34 MOTION for Summary Judgment or Partial Summary Judgment in the Alternative, #71 Reply to Response to Motion, . (McInnis, Terrence) (jmo).
February 9, 2021 Filing 71 REPLY to Response to Motion re #34 MOTION for Summary Judgment or Partial Summary Judgment in the Alternative filed by Houston Casualty Company. (Attachments: #1 Evidentiary Objections in support of Reply Brief in Support of Motion for Summary Judgment, #2 Declaration of James Hazlehurst, #3 Appendix of Supplemental Exhibits, #4 Exhibit YY-CCC)(McInnis, Terrence) (jmo).
February 9, 2021 Filing 70 Minute Entry for proceedings held before Magistrate Judge Linda Lopez: A (T)Status Conference was held on 2/9/2021. Based on counsel's discussions at the conference, the Court hereby VACATES the follow-up settlement conference set for 2/12/2021. (Plaintiff Attorney Terrence R. McInnis) (Defendant Attorney Marc D. Halpern)(no document attached) (bbc)
February 4, 2021 Opinion or Order Filing 69 Amended Order Resetting Telephonic Attorneys-Only Status Conference. TelephonicStatus Conference is reset for 2/9/2021 at 11:30 AM before Magistrate Judge Linda Lopez. All other requirements remain as set. ECF Nos. #50 , #51 . Signed by Magistrate Judge Linda Lopez on 2/4/21.(jmo)
February 3, 2021 Opinion or Order Filing 68 Order Resetting Telephonic Attorneys-Only Status Conference. Telephonic Status Conference set for 2/8/21 is reset to 2/9/2021 at 11:00 AM before Magistrate Judge Linda Lopez. All other requirements remain asset. (ECF Nos. #50 , #51 ). Signed by Magistrate Judge Linda Lopez on 2/3/21.(jmo)
February 2, 2021 Filing 67 **Filed under seal at doc. no. 91 per Order #83 ** SEALED LODGED Proposed Document re: #66 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Halpern, Marc) (anh). Modified on 9/20/2021 (anh).
February 2, 2021 Filing 66 MOTION to File Documents Under Seal (With attachments)(Halpern, Marc) (anh).
February 2, 2021 Filing 65 **Filed under seal at doc. no. 90 per Order #83 ** SEALED LODGED Proposed Document re: #64 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Hazlehurst, James) (anh). Modified on 9/20/2021 (anh).
February 2, 2021 Filing 64 MOTION to File Documents Under Seal (With attachments)(Hazlehurst, James) (anh).
February 2, 2021 Filing 63 RESPONSE in Opposition re #34 MOTION for Summary Judgment or Partial Summary Judgment in the Alternative filed by Cibus US LLC. (Attachments: #1 Declaration of Michael Hutton In Support Of Cibus, #2 Declaration of David W. Sippell In Support Of Cibus, #3 Declaration of Marc D. Halpern In Support Of Cibus, #4 Declaration of Douglas J. Brown In Support Of Cibus, #5 Exhibit Exhibit A to Exhibit H to Declaration of Douglas J. Brown In Support Of Cibus, #6 Exhibit Exhibit I to Exhibit P to Declaration of Douglas J. Brown In Support Of Cibus)(Halpern, Marc) (jmo).
February 2, 2021 Filing 62 REPLY to Response to Motion re #40 MOTION for Partial Summary Judgment filed by Houston Casualty Company. (Attachments: #1 Evidentiary Objections in support of Opposition to Cibus US, LLC's Motion for Partial Summary Judgment, #2 Declaration of James Hazlehurst, #3 Appendix Supplemental, #4 Exhibit NN-VV, #5 Exhibit WW, #6 Exhibit XX)(McInnis, Terrence) (jmo).
February 2, 2021 Filing 61 NOTICE of Teleconference Information Sheet, re #50 . Teleconference set for 2/8/21 at 10:00 AM. (jmo)
February 1, 2021 Filing 60 REPLY in Support re #43 MOTION to Exclude Opinion Testimony of Jerry L. Cass filed by Cibus US LLC. (Attachments: #1 Declaration of Douglas J. Brown in Support of Cibus US LLC's Reply In Support, #2 Exhibit Exhibit A to Exhibit H to Declaration of Douglas J. Brown in Support of Cibus US LLC's Reply In Support)(White, Ryan) Modified on 2/2/2021 to correct text to Reply (jmo).
February 1, 2021 Filing 59 REPLY to Response to Motion re #39 MOTION to Exclude Expert Testimony of Denise Schmidt and Christopher French (Daubert Motion) filed by Houston Casualty Company. (Attachments: #1 Declaration of James A. Hazlehurst, #2 Appendix of Exhibits 1-4, #3 Exhibit 1-4)(McInnis, Terrence) (jmo).
January 25, 2021 Filing 58 **Filed under seal at doc. no. 89 per Order #83 ** SEALED LODGED Proposed Document re: #57 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(White, Ryan) (anh). Modified on 9/20/2021 (anh).
January 25, 2021 Filing 57 MOTION to File Documents Under Seal (With attachments)(White, Ryan) (anh).
January 25, 2021 Filing 56 RESPONSE in Opposition re #39 MOTION to Exclude Expert Testimony of Denise Schmidt and Christopher French (Daubert Motion) filed by Cibus US LLC. (Attachments: #1 Declaration Declaration of Marc D. Halpern in Support of Cibus US LLC, #2 Declaration Declaration of Douglas J. Brown in Support of Cibus US LLC, #3 Exhibit Exhibits A to I of Declaration of Douglas J. Brown in Support of Cibus US LLC, #4 Exhibit Exhibits J to Q of Declaration of Douglas J. Brown in Support of Cibus US LLC)(White, Ryan) (jmo).
January 25, 2021 Filing 55 **Filed under seal at doc. no. 88 per Order #83 ** SEALED LODGED Proposed Document re: #54 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(McInnis, Terrence) (anh). Modified on 9/20/2021 (anh).
January 25, 2021 Filing 54 MOTION to File Documents Under Seal (With attachments)(McInnis, Terrence) (anh).
January 25, 2021 Filing 53 REPLY to Response to Motion re #38 MOTION to Exclude Expert Testimony of Jim Radtke (Daubert Motion) filed by Houston Casualty Company. (Attachments: #1 Declaration of Terrence R. McInnis, #2 Appendix of Exhibits, #3 Exhibit A-H)(McInnis, Terrence) (jmo).
January 25, 2021 Filing 52 RESPONSE in Opposition re #43 MOTION to Exclude Opinion Testimony of Jerry Cass filed by Houston Casualty Company. (Attachments: #1 Declaration, #2 Appendix, #3 Exhibit 1-8, #4 Exhibit 9-16, #5 Exhibit 17-23)(McInnis, Terrence) (jmo).
January 21, 2021 Filing 51 NOTICE of Teleconference Information Sheet, re #50 . Teleconference set for 2/8/21 at 10:00 AM. (jmo)
January 21, 2021 Opinion or Order Filing 50 Order Setting Attorneys-Only Telephonic Status Conference and Follow-Up Settlement Conference Via Zoom. Follow-up Settlement Conference via Zoom set for 2/12/2021 at 10:00 AM before Magistrate Judge Linda Lopez. Telephonic attorneys-only Status Conference set for 2/8/2021 at 10:00 AM before Magistrate Judge Linda Lopez. Signed by Magistrate Judge Linda Lopez on 1/21/21.(jmo)
January 21, 2021 Filing 49 Minute Entry for proceedings held before Magistrate Judge Linda Lopez: A Mandatory Settlement Conference was held via Zoom on 1/21/2021. The case did not settle. Order to follow. (Plaintiff's Attorney Terrence R. McInnis) (Defendant's Attorney Marc D. Halpern)(no document attached) (bbc)
January 15, 2021 Filing 48 RESPONSE in Opposition re #38 MOTION to Exclude Expert Testimony of Jim Radtke (Daubert Motion) Cibus US LLC's Opposition to Houston Casualty Company's Daubert Motion To Exclude Or Limit The Expert Testimony Of Dr. James A. Radtke filed by Cibus US LLC. (Attachments: #1 Declaration of Douglas J. Brown in Support of Cibus US LLC's Opposition to Houston Casualty Company's Motion To Exclude Or Limit The Expert Testimony Of Dr. James A. Radtke; Exhibit A to Exhibit E)(Halpern, Marc) (jmo).
January 15, 2021 Filing 47 REPLY to Response to Motion re #33 MOTION to Bifurcate filed by Houston Casualty Company. (McInnis, Terrence) 21 (jmo).
January 11, 2021 Filing 46 RESPONSE in Opposition re #33 MOTION to Bifurcate filed by Cibus US LLC. (Attachments: #1 Declaration Declaration of Douglas J. Brown in Support of Cibus US LLC's Opposition to Houston Casualty Company's Motion to Bifurcate and Exhibit A to Exhibit D)(Halpern, Marc) (jmo).
December 21, 2020 Filing 45 **Filed under seal at doc. no. 87 per Order #83 ** SEALED LODGED Proposed Document re: #44 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Brown, Douglas) (anh). Modified on 9/20/2021 (anh).
December 21, 2020 Filing 44 MOTION to File Documents Under Seal (With attachments)(Brown, Douglas) (anh).
December 21, 2020 Filing 43 MOTION to Exclude by Cibus US LLC. (Attachments: #1 Declaration of Douglas J. Brown In Support of Cibus US LLC's Daubert Motion to Exclude Expert Opinion of Jerry L. Cass, #2 Exhibit Exhibit A to Exhibit I of Declaration of Douglas J. Brown In Support of Cibus US LLC's Motion to Exclude Expert Opinion of Jerry L. Cass)(Brown, Douglas) (jmo).
December 21, 2020 Filing 42 **Filed under seal at doc. no. 86 per Order #83 ** SEALED LODGED Proposed Document re: #41 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Brown, Douglas) (anh). Modified on 9/20/2021 (anh).
December 21, 2020 Filing 41 MOTION to File Documents Under Seal (With attachments)(Brown, Douglas) (anh).
December 21, 2020 Filing 40 MOTION for Partial Summary Judgment by Cibus US LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Douglas J. Brown In Support of Cibus US LLC's Motion for Partial Summary Judgment, #3 Exhibit Exhibit A to Exhibit B-Part 01 of Declaration of Douglas J. Brown, #4 Exhibit Exhibit B-Part 02 to Exhibit D of Declaration of Douglas J. Brown, #5 Exhibit Exhibit E to Exhibit F (Redacted) of Declaration of Douglas J. Brown, #6 Exhibit Exhibit G (Redacted) to Exhibit H (Redacted) of Declaration of Douglas J. Brown, #7 Exhibit Exhibit I to Exhibit L of Declaration of Douglas J. Brown, #8 Declaration of Marc D. Halpern In Support of Cibus US LLC's Motion for Partial Summary Judgment, #9 Declaration of Carlo Broos In Support of Cibus US LLC's Motion For Partial Summary Judgment, #10 Declaration of David W. Sippell In Support of Cibus US LLC's Motion for Partial Summary Judgment, #11 Declaration of James A. Radtke In Support of Cibus US LLC's Motion for Partial Summary Judgment)(Brown, Douglas) (jmo).
December 21, 2020 Filing 39 MOTION to Exclude Expert Testimony of Denise Schmidt and Christopher French (Daubert Motion) by Houston Casualty Company. (Attachments: #1 Memo of Points and Authorities)(McInnis, Terrence) (jmo).
December 21, 2020 Filing 38 MOTION to Exclude Expert Testimony of Jim Radtke (Daubert Motion) by Houston Casualty Company. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Terrence R. McInnis, #3 Appendix of Exhibits, #4 Exhibit A-W)(McInnis, Terrence) (jmo).
December 21, 2020 Filing 37 **Filed under seal at doc. no. 85 per Order #83 ** SEALED LODGED Proposed Document re: #35 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(McInnis, Terrence) (anh). Modified on 9/20/2021 (anh).
December 21, 2020 Filing 36 **Filed under seal at doc. no. 84 per Order #83 ** SEALED LODGED Proposed Document re: #35 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(McInnis, Terrence) (anh). Modified on 9/20/2021 (anh).
December 21, 2020 Filing 35 MOTION to File Documents Under Seal (With attachments)(McInnis, Terrence) (anh).
December 21, 2020 Filing 34 MOTION for Summary Judgment or Partial Summary Judgment in the Alternative by Houston Casualty Company. (Attachments: #1 Memo of Points and Authorities REDACTED, #2 Declaration of Sarah Crabtree, #3 Declaration of Terrence R. McInnis, #4 Appendix of Exhibits, #5 Exhibit A-J, #6 Exhibit K-Q, #7 Exhibit R-U, #8 Exhibit V-Z, #9 Exhibit AA-BB, #10 Exhibit CC-MM)(McInnis, Terrence) (jmo).
December 21, 2020 Filing 33 MOTION to Bifurcate by Houston Casualty Company. (Attachments: #1 Memo of Points and Authorities)(McInnis, Terrence) (jmo).
December 15, 2020 Opinion or Order Filing 32 Order Converting Mandatory Settlement Conference to Video Conference and Resetting Time. Zoom video Mandatory Settlement Conference set for 1/21/2021 at 10:00 AM before Magistrate Judge Linda Lopez. Signed by Magistrate Judge Linda Lopez on 12/14/20.(jmo)
November 13, 2020 Filing 31 NOTICE of Appearance by Ryan White on behalf of Cibus US LLC (White, Ryan)Attorney Ryan White added to party Cibus US LLC(pty:dft) (jmo).
August 17, 2020 Opinion or Order Filing 30 ORDER Granting in Part and Denying in Part (ECF No. #26 ). Proposed Pretrial Order due by 4/12/2021. Final Pretrial Conference set for 4/26/2021 at 11:00 AM before Judge Cynthia Bashant. Jury Trial set for 6/22/2021 at 09:00 AM before Judge Cynthia Bashant. Mandatory Settlement Conference set for 1/21/2021 at 01:30 PM before Magistrate Judge Linda Lopez. Motions in Limine set for 6/14/21 at 10:30 AM. Signed by Magistrate Judge Linda Lopez on 8/17/20. (jmo)
August 13, 2020 Filing 29 RESPONSE in Opposition re #26 Ex Parte MOTION to Amend/Correct #24 Order on Motion to Continue,, #15 Scheduling Order,,,,, Set Hearings Amend Scheduling Order Cibus US LLC's Opposition to Houston Casualty Company's Ex Parte Motion to Amend Scheduling Order filed by Cibus US LLC. (Attachments: #1 Declaration Declaration of Douglas J. Brown In Support of Cibus US LLC's Opposition to Houston Casualty Company's Ex Parte Motion to Amend Scheduling Order)(Halpern, Marc) (dlg).
August 13, 2020 Opinion or Order Filing 28 ORDER Requiring Response re: #26 . Defendant's response due by 8/17/2020 and should address whether it opposes Plaintiffs request and must be no more than five pages in length. Signed by Magistrate Judge Linda Lopez on 8/13/20.(jmo)
August 13, 2020 Filing 27 NOTICE of Appearance by Jordan Kevin Jeffery on behalf of Houston Casualty Company (Jeffery, Jordan)Attorney Jordan Kevin Jeffery added to party Houston Casualty Company(pty:cd), Attorney Jordan Kevin Jeffery added to party Houston Casualty Company(pty:pla) (dlg).
August 12, 2020 Filing 26 Ex Parte MOTION to Amend/Correct #24 Order on Motion to Continue,, #15 Scheduling Order,,,,, Set Hearings,,,, Amend Scheduling Order by Houston Casualty Company. (Attachments: #1 Declaration of Terrence McInnis in support of Ex Parte Motion to Amend Scheduling Order, #2 Info Sheet Exhibits Cover Page and Table of Contents, #3 Exhibit A-M to Declaration of of Terrence McInnis in support of Ex Parte Motion to Amend Scheduling Order)(McInnis, Terrence) (jmo).
August 12, 2020 Filing 25 NOTICE of Appearance by Louise M. McCabe on behalf of Houston Casualty Company (McCabe, Louise)Attorney Louise M. McCabe added to party Houston Casualty Company(pty:pla)(jmo).
June 22, 2020 Opinion or Order Filing 24 ORDER Granting in Part and Denying in Part Joint Motion to Amend Scheduling Order (ECF No. #23 ). Exhibit List due by 5/18/2021. Pretrial Order due by 3/15/2021. Proposed Pretrial Order due by 3/8/2021. Final Pretrial Conference set for 3/29/2021 at 11:00 AM before Judge Cynthia Bashant. Motions in Limine due by 4/12/21. Responses due 4/26/21 Motions in Limine Hearing set for 5/17/21 at 10:30 AM before Judge Cynthia Bashant. Jury Trial set for 5/25/2021 at 09:00 AM before Judge Cynthia Bashant. Mandatory Settlement Conference set for 12/16/2020 at 09:30 AM before Magistrate Judge Linda Lopez. Signed by Magistrate Judge Linda Lopez on 6/22/20. (jmo) (dlg).
June 12, 2020 Filing 23 Joint MOTION to Continue Joint Motion To Amend Scheduling Order by Cibus US LLC. (Attachments: #1 Declaration Declaration of Rosa Cheuk Kim In Support Of Joint Motion To Amend Scheduling Order, #2 Declaration Declaration of Terrence R. McInnis In Support Of Joint Motion To Amend Scheduling Order)(Halpern, Marc) (jmo).
February 24, 2020 Opinion or Order Filing 22 ORDER Granting Joint Motion for Extension of Time (ECF No. #21 ). Mandatory Settlement Conference set for 9/22/2020 01:30 PM before Magistrate Judge Linda Lopez. Proposed Pretrial Order due by 1/19/2021. Final Pretrial Conference set for 2/1/2021 11:00 AM before Judge Cynthia Bashant. Motion In Limine Hearing set for 3/22/2021 10:30 AM before Judge Cynthia Bashant. Jury Trial set for 3/30/2021 09:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Linda Lopez on 2/24/20.(jmo) (dlg).
February 19, 2020 Filing 21 Joint MOTION for Extension of Time to Complete Discovery Joint Motion for Extension of Time for Expert Discovery by Cibus US LLC. (Attachments: #1 Declaration Declaration of Terrence R. McInnis In Support of Joint Motion for Extension of Time for Expert Discovery, #2 Declaration Declaration of Marc D. Halpern In Support of Joint Motion for Extension of Time for Expert Discovery)(Halpern, Marc) (sjm).
January 30, 2020 Filing 20 Minute Entry for proceedings held before Magistrate Judge Linda Lopez: Follow-up (T)Settlement Conference held on January 30, 2020. All case deadlines remain as set. No order to issue. (Plaintiff Attorney Terrence R McInnis) (Defendant Attorney Marc D. Halpern)(no document attached) (bbc)
January 23, 2020 Filing 19 NOTICE of Appearance by Douglas J. Brown on behalf of Cibus US LLC (Brown, Douglas)Attorney Douglas J. Brown added to party Cibus US LLC(pty:dft) (jmo).
January 3, 2020 Filing 18 NOTICE Withdrawal and Substitution of Counsel. Counsel Changing Law Firm and Address by Cibus US LLC (Halpern, Marc) (jmo).
November 25, 2019 Opinion or Order Filing 17 ORDER granting with modifications #16 Joint Motion for Protective Order. Signed by Magistrate Judge Linda Lopez on 11/25/2019. (jah)
November 22, 2019 Filing 16 Joint MOTION for Protective Order by Cibus US LLC. (Halpern, Marc). Modified on 11/25/2019 - Proposed Order included as part of the pdf. QC Email sent re ECF Proposed Order policy (jah).
November 1, 2019 Opinion or Order Filing 15 SCHEDULING ORDER: ENE Conference was held on 11/1/2019. The parties must file a joint motion for a protective order by 11/22/2019. Any motion to join other parties, to amend the pleadings, or to file additional pleadings shall be filed by 12/20/2019. Telephonic, Attorneys-Only Conference set for 1/30/2020 11:30 AM before Magistrate Judge Linda Lopez to discuss the status of discovery. All motions, other than motions to amend or join parties, or motions in limine shall be filed by 8/3/2020. Mandatory Settlement Conference set for 9/1/2020 01:30 PM before Magistrate Judge Linda Lopez. Proposed Pretrial Order due by 11/17/2020. Final Pretrial Conference set for 11/30/2020 11:00 AM before Judge Cynthia Bashant. All motions in limine are due by 12/15/2020. All responses to the motions in limine are due by 12/29/2020. Motion In Limine Hearing set for 1/25/2021 10:30 AM before Judge Cynthia Bashant. Jury Trial set for 2/2/2021 09:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Linda Lopez on 11/1/2019. (jah)
November 1, 2019 Filing 14 Minute Entry for proceedings held before Magistrate Judge Linda Lopez: An Early Neutral Evaluation Conference was held on 11/1/2019. The case did not settle. A Case Management Conference was held on 11/1/2019. Order to follow. (Plaintiff Attorney Terrence R McInnis) (Defendant Attorney Marc D. Halpern)(no document attached) (bbc)
October 24, 2019 Filing 13 REPORT of Rule 26(f) Planning Meeting. (McInnis, Terrence). (jah).
October 10, 2019 Filing 12 ANSWER to #10 Answer to Complaint, Counterclaim by Houston Casualty Company.(McInnis, Terrence). (jah).
September 23, 2019 Opinion or Order Filing 11 NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation set for 11/1/2019 09:30 AM before Magistrate Judge Linda Lopez. In the event the case does not settle during the ENE, the Court will conduct an Initial Case Management Conference. Joint Discovery Plan to be filed in CM/ECF by 10/24/2019. Signed by Magistrate Judge Linda Lopez on 9/23/2019. (jah)
September 19, 2019 Filing 10 ANSWER to #1 Complaint, COUNTERCLAIM against All Plaintiffs by Cibus US LLC.(Halpern, Marc). Modified on 9/23/2019 - Missing caption for Counterclaim. QC Email sent re LR 5.1.m (jah).
September 19, 2019 Filing 9 Corporate Disclosure Statement by Cibus US LLC. No Corporate Parents/Interested Parties. (Halpern, Marc). (jah).
September 19, 2019 Filing 8 NOTICE of Appearance by Marc D. Halpern on behalf of Cibus US LLC (Halpern, Marc). Attorney Marc D. Halpern added to party Cibus US LLC(pty:dft). (jah).
September 4, 2019 Filing 7 SUMMONS Returned Executed by Houston Casualty Company. Cibus US LLC served. (Hazlehurst, James). (jah).
July 31, 2019 Opinion or Order Filing 6 ORDER granting Plaintiff's #4 Ex Parte Motion for Extension of Time to Serve Complaint. Plaintiff shall serve the Complaint on Defendant Cibus US LLS by 10/15/2019. Court advises that it will not extend this deadline further. Signed by Judge Cynthia Bashant on 7/31/2019. (jah)
July 30, 2019 Filing 5 NOTICE of Appearance by James Hazlehurst on behalf of Houston Casualty Company (Hazlehurst, James). Attorney James Hazlehurst added to party Houston Casualty Company (pty:pla). (jah).
July 30, 2019 Filing 4 Ex Parte MOTION for Extension of Time to Serve Complaint by Houston Casualty Company. (Attachments: #1 Declaration)(McInnis, Terrence). (jah).
May 3, 2019 Filing 3 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. (cdw) (jao).
May 3, 2019 Filing 2 NOTICE of Party With Financial Interest by Houston Casualty Company re #1 Complaint. Identifying Other Affiliate Tokio Marine & Nichido Fire Insurance Co., Ltd., Other Affiliate Illium, Inc., Other Affiliate HCC Insurance Holdings, Inc., Other Affiliate Tokio Marine Holdings, Inc. for Houston Casualty Company. (cdw) (jao).
May 3, 2019 Filing 1 COMPLAINT against Cibus US LLC ( Filing fee $ 400 receipt number 0974-12474195), filed by Houston Casualty Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)The new case number is 3:19-cv-00828-BAS-LL. Judge Cynthia Bashant and Magistrate Judge Linda Lopez are assigned to the case. (McInnis, Terrence)(cdw) (jao).

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Search for this case: Houston Casualty Company v. Cibus US LLC
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Counter claimant: Cibus US LLC
Represented By: Marc D. Halpern
Represented By: Douglas J. Brown
Represented By: Ryan White
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Plaintiff: Houston Casualty Company
Represented By: Terrence R McInnis
Represented By: James Hazlehurst
Represented By: Jordan Kevin Jeffery
Represented By: Steven D. Allison
Represented By: Louise M. McCabe
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