Upstrem, Inc. v. BHFO, Inc.
Plaintiff: Upstrem, Inc.
Defendant: BHFO, Inc.
Case Number: 3:2020cv02160
Filed: November 4, 2020
Court: US District Court for the Southern District of California
Presiding Judge: Daniel E Butcher
Referring Judge: Janis L Sammartino
Nature of Suit: Defend Trade Secrets Act (of 2016)
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 8, 2022 Filing 64 Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: The February 16, 2022 Mandatory Settlement Conference and related briefing deadline are vacated.(no document attached) (kxb)
February 8, 2022 Opinion or Order Filing 63 ORDER Granting #62 Joint Motion to Stay Proceedings until Court Rules on Plaintiff's Motion to Dismiss. Good cause appearing, the Court GRANTS the Joint Motion. The Court STAYS this matter until the Court rules on Plaintiff's pending Motion to Dismiss (ECF No. #49 ). Signed by Judge Janis L. Sammartino on 2/8/2022. (tcf)
February 7, 2022 Filing 62 Joint MOTION to Stay Proceedings Until Court Rules on Plaintiff's Motion to Dismiss by Upstrem, Inc. (Leventhal, Joseph) (tcf).
January 20, 2022 Filing 61 RESPONSE in Opposition re #58 Ex Parte MOTION Application for (1) an Order Striking and Disregarding Plaintiff's New Evidence and Argument on Reply; or, in the Alternative, (2) an Order Granting Leave for BHFO, Inc. to File a Sur-Reply to Plaintiff's Reply ISO Moti filed by Upstrem, Inc. (Leventhal, Joseph) (tcf).
January 20, 2022 Filing 60 NOTICE OF WITHDRAWAL OF DOCUMENT by Upstrem, Inc. re #59 Response in Opposition to Motion, filed by Upstrem, Inc. (Opposition to Ex Parte Application to (1) To Strike the Evidence Attached to Upstrem's Reply, and (2) For Permission to File Sur-Reply). (Leventhal, Joseph) (tcf).
January 19, 2022 Filing 59 ***Document withdrawn per ECF #60 *** RESPONSE in Opposition re #58 Ex Parte MOTION Application for (1) an Order Striking and Disregarding Plaintiff's New Evidence and Argument on Reply; or, in the Alternative, (2) an Order Granting Leave for BHFO, Inc. to File a Sur-Reply to Plaintiff's Reply ISO Moti filed by Upstrem, Inc. (Leventhal, Joseph) QC mailer sent re: attorney's signature does not match account (tcf). Modified to withdraw on 1/20/2022 (tcf).
January 10, 2022 Filing 58 Ex Parte MOTION Application for (1) an Order Striking and Disregarding Plaintiff's New Evidence and Argument on Reply; or, in the Alternative, (2) an Order Granting Leave for BHFO, Inc. to File a Sur-Reply to Plaintiff's Reply ISO Motion to Dismiss Without Prejudice; Memorandum of Points and Authorities in Support Thereof by BHFO, Inc. (Attachments: #1 Declaration of Alissa R. Pleau-Fuller ISO Ex Parte Appl., #2 Proposed Order)(Pleau-Fuller, Alissa) QC mailer sent re: proposed order attached (tcf).
January 7, 2022 Opinion or Order Filing 57 ORDER Vacating Hearing re #49 Motion to Dismiss Without Prejudice. On its own motion, the Court VACATES the hearing on this Motion scheduled for 1/13/2022 at 1:30 p.m. and takes the matter under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Judge Janis L. Sammartino on 1/7/2022. (tcf)
January 6, 2022 Filing 56 REPLY to Response to Motion re #49 MOTION to Dismiss Without Prejudice filed by Upstrem, Inc. (Attachments: #1 Declaration Declaration of Joseph Leventhal)(Meyer, Robert) (tcf).
January 6, 2022 Filing 55 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)(Meyer, Robert) (anh).
January 6, 2022 Filing 54 MOTION to File Documents Under Seal (Meyer, Robert) (anh).
December 30, 2021 Filing 53 RESPONSE in Opposition re #49 MOTION to Dismiss Without Prejudice filed by BHFO, Inc. (Attachments: #1 Declaration of Alissa R. Pleau-Fuller in Support of BHFO's Limited Opposition to Motion to Dismiss, #2 Declaration of Stacie Sefton in Support of BHFO's Limited Opposition to Motion to Dismiss, #3 Objections to Upstrem, Inc.'s Evidence in Support of its Motion to Dismiss)(Warren, Tracy) (tcf).
December 30, 2021 Filing 52 SEALED LODGED Proposed Document re: #51 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Warren, Tracy) (jmo).
December 30, 2021 Filing 51 MOTION to File Documents Under Seal (With attachments)(Warren, Tracy) (jmo).
November 30, 2021 Filing 50 NOTICE OF FILING AMENDED DECLARATION by Upstrem, Inc. re #41 Joint MOTION for Protective Order (Attachments: #1 Exhibit Amended Declaration of Bob Marino)(Meyer, Robert) (tcf).
November 23, 2021 Filing 49 MOTION to Dismiss Without Prejudice by Upstrem, Inc. (Attachments: #1 Affidavit, #2 Proposed Order)(Meyer, Robert) QC mailer sent re: proposed order attached (tcf).
October 29, 2021 Filing 48 Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: Status Conference held on 10/29/2021. (Plaintiff Attorneys Kenyon Meyer & Joseph Levanthal). (Defendant Attorney Alissa Pleau Fuller). (no document attached) (kxb)
August 2, 2021 Opinion or Order Filing 47 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. A telephonic Status Conference will be held on 10/29/2021 at 9:00 AM before Magistrate Judge Daniel E. Butcher. A Mandatory Settlement Conference is set for 2/16/2022 at 9:00 AM before Magistrate Judge Daniel E. Butcher. The Memoranda of Contentions of Fact and Law is due by 9/29/2022. The Proposed Pretrial Order is due by 10/20/2022. The Final Pretrial Conference is set for 10/27/2022 at 1:30 PM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Magistrate Judge Daniel E. Butcher on 8/2/2021. (tcf)
August 2, 2021 Filing 46 Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: Early Neutral Evaluation Conference and Case Management Conference held on 8/2/2021.(Plaintiff Attorney Kenyon Meyer). (Defendant Attorney Tracey Warren and Matthew Drenan). (no document attached) (kxb)
July 27, 2021 Filing 45 JOINT DISCOVERY PLAN by Upstrem, Inc. (Leventhal, Joseph) (tcf).
July 16, 2021 Opinion or Order Filing 44 ORDER: After conferring with counsel, the Court changes the format of the August 2, 2021 Early Neutral Evaluation Conference and Case Management Conference from video conference to an in-person appearance. Counsel and the party representatives must report to the Chambers of Magistrate Judge Butcher, 333 West Broadway, Suite 1030, San Diego, CA 92101. Signed by Magistrate Judge Daniel E. Butcher on 7/16/2021.(no document attached) (kxb)
June 30, 2021 Opinion or Order Filing 43 NOTICE AND ORDER for Early Neutral Evaluation Conference; Rule 26 Compliance; and Case Management Conference. An Early Neutral Evaluation is set for 8/2/2021 at 1:30 PM before Magistrate Judge Daniel E. Butcher. In the event the case does not settle during the ENE, the Court will hold a Case Management Conference. The Court will hold the ENE and CMC by video conference. The Joint Discovery Plan is due 7/27/2021. Signed by Magistrate Judge Daniel E. Butcher on 6/30/2021. (tcf)
June 30, 2021 Opinion or Order Filing 42 Protective Order (ECF No. #41 ). Signed by Magistrate Judge Daniel E. Butcher on 6/30/2021. (tcf)
June 28, 2021 Filing 41 Joint MOTION for Protective Order by BHFO, Inc. (Pleau-Fuller, Alissa) (tcf).
June 25, 2021 Filing 40 ANSWER to #1 Complaint, by BHFO, Inc. (Pleau-Fuller, Alissa) (tcf).
May 21, 2021 Opinion or Order Filing 39 ORDER (1) Granting in Part and Denying in Part Defendant's Motion to Dismiss; (2) Overruling Defendant's Objections to Magistrate Judge's Order; and (3) Denying Motion for a Protective Order (ECF Nos. #11 , #23 , #26 ). Plaintiff MAY FILE an amended complaint within thirty (30) days of the electronic docketing of this Order. If Plaintiff fails to file an amended complaint within the allotted time, this case will proceed on the remaining causes of action. Signed by Judge Janis L. Sammartino on 5/21/2021. (tcf)
March 5, 2021 Opinion or Order Filing 38 ORDER (1) Vacating Hearing and (2) Denying Ex Parte Application to Expedite Hearing as Moot (ECF Nos. #23 , #26 , #29 ). On its own motion, the Court VACATES the hearing on these Motions scheduled for March 11, 2021 at 1:30 p.m. and takes the matter under submission without oral argument pursuant to CivilLocal Rule 7.1(d)(1). Accordingly, Plaintiff Upstrem, Inc.'s Ex Parte Application for an Order Expediting Hearing & Shortening Briefing Schedule for Defendant's Objections (ECF No. #29 ) is DENIED AS MOOT. Signed by Judge Janis L. Sammartino on 3/5/2021. (tcf)
March 4, 2021 Filing 37 REPLY to Response to Motion re #26 MOTION for Protective Order Reply to Upstrem, Inc.'s Omnibus Opposition to BHFO, Inc.'s Objection to Magistrate Judge's Discovery Order and BHFO, Inc.'s Motion for a Protective Order filed by BHFO, Inc. (Pleau-Fuller, Alissa) (tcf).
February 26, 2021 Filing 36 RESPONSE in Opposition re #26 MOTION for Protective Order , #23 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by BHFO, Inc., re 19 Order on Motion for Discovery, Discovery Hearing, (Omnibus Opposition) filed by Upstrem, Inc. (Attachments: #1 Exhibit (1))(Leventhal, Joseph) (tcf).
February 26, 2021 Filing 35 NOTICE OF WITHDRAWAL OF DOCUMENT by Upstrem, Inc. re #33 Response in Opposition to Motion, filed by Upstrem, Inc. (Leventhal, Joseph) (tcf).
February 26, 2021 Opinion or Order Filing 34 ORDER Granting #32 Ex Parte Application for Leave to File Memoranda in Excess of Page Limitation. Signed by Judge Janis L. Sammartino on 2/25/2021. (tcf)
February 25, 2021 Filing 33 ***Document withdrawn per ECF #35 **** RESPONSE in Opposition re #26 MOTION for Protective Order , #23 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by BHFO, Inc., re 19 Order on Motion for Discovery, Discovery Hearing, (Omnibus Opposition) filed by Upstrem, Inc. (Attachments: #1 Exhibit (1))(Leventhal, Joseph) QC mailer sent re: document not signed (tcf). Modified to withdraw on 2/26/2021 (tcf).
February 24, 2021 Filing 32 Ex Parte MOTION for Leave to File Memoranda in Excess of the Local Rule 7.1(H) Page Limitation by BHFO, Inc. (Attachments: #1 Declaration Declaration of Alissa R. Pleau-Fuller)(Pleau-Fuller, Alissa) (tcf).
February 12, 2021 Filing 31 RESPONSE in Opposition re #29 Ex Parte MOTION to Expedite Hearing and Shorten Briefing Schedule filed by BHFO, Inc. (Drenan, Matthew) (tcf).
February 10, 2021 Opinion or Order Filing 30 ORDER Setting Briefing Schedule on Ex Parte Application (ECF No. #29 ). The Court sets the following briefing schedule for Plaintiff's Ex Parte Application: Defendant MAY FILE an opposition to the application on or before 2/12/2021. After briefing closes, the Court takes the matter under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Judge Janis L. Sammartino on 2/10/2021. (tcf)
February 10, 2021 Filing 29 Ex Parte MOTION to Expedite Hearing and Shorten Briefing Schedule by Upstrem, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Declaration (Joseph S. Leventhal))(Leventhal, Joseph) (tcf).
February 5, 2021 Filing 28 TRANSCRIPT ORDER - For hearing(s) on 1/26/2021 by Upstrem, Inc. (Leventhal, Joseph) (tcf).
February 5, 2021 Opinion or Order Filing 27 ORDER: Defendant's Ex Parte Application for Stay of the Discovery Order is GRANTED. (Dkt. No. 22.) The Courts Order granting expedited discovery (Dkt. No. 19) is stayed pending a ruling on Defendants Objections to Magistrate Judge's January 26, 2021 Expedited Discovery Order (Dkt. No. 23). If Defendant's Objections are denied, Defendant must respond to Plaintiff's document request within 7 days and Mr. Lamar's deposition must take place within 14 days of the denial, unless otherwise ordered by the Court. The hearing on February 5, 2021 at 3:30 p.m. is vacated.Signed by Magistrate Judge Daniel E. Butcher on 2/5/2021. (no document attached) (kxb)
February 4, 2021 Filing 26 MOTION for Protective Order by BHFO, Inc. (Attachments: #1 Declaration Dec. of Alissa R. Pleau-Fuller ISO of Motion for Protective Order, #2 Proposed Order)(Pleau-Fuller, Alissa) QC mailer sent re: proposed order attached (tcf).
February 4, 2021 Filing 25 RESPONSE in Opposition re #22 Ex Parte MOTION to Stay re 19 Order on Motion for Discovery, Discovery Hearing, filed by Upstrem, Inc. (Leventhal, Joseph) (tcf).
February 4, 2021 Filing 24 Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: Plaintiff must file a response on 2/4/2021 to Defendant's Ex Parte Motion to Stay Order on Motion for Discovery. A hearing will be held on 2/5/2021 at 3:30 p.m. Counsel must call the Court's teleconference line at 1-888-398-2342, enter access code 8389272, and press * if prompted for a security code. (no document attached) (kxb)
February 3, 2021 Filing 23 OBJECTION Pursuant to Federal Rule of Civil Procedure 72(a) by BHFO, Inc., re 19 Order on Motion for Discovery, Discovery Hearing. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Alissa Pleau-Fuller)(Pleau-Fuller, Alissa) (tcf).
February 3, 2021 Filing 22 Ex Parte MOTION to Stay re 19 Order on Motion for Discovery, Discovery Hearing, by BHFO, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Matthew T. Drenan)(Drenan, Matthew) (tcf).
January 29, 2021 Filing 21 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/26/2021 before Magistrate Judge Daniel E. Butcher. Court Reporter/Transcriber: Ellen L. Simone. 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 2/19/2021. Redacted Transcript Deadline set for 3/1/2021. Release of Transcript Restriction set for 4/29/2021. (akr)
January 27, 2021 Filing 20 TRANSCRIPT ORDER - For hearing(s) on January 26, 2021 by BHFO, Inc. (Warren, Tracy) (tcf).
January 26, 2021 Filing 19 Minute Order. for proceedings held before Magistrate Judge Daniel E. Butcher: Hearing held regarding the parties' Joint Motion for Determination of Expedited Discovery. Dkt. No. 15. As articulated in the Court's detailed ruling on the record, the relief requested by Plaintiff is GRANTED IN PART and DENIED IN PART. Plaintiff may propound a narrowed version of proposed RFP No. 1 and depose Kevin Lamar. Plaintiff's discovery efforts must be limited to determining whether Mr. Lamar disclosed Plaintiff's propriety information to Defendant or other parties. Defendant must produce a written response and documents within 14 days of service of the RFP. Mr. Lamar's deposition must take place no earlier than seven days and no later than 28 days of this ruling. No other discovery is permitted at this time unless agreed to by the parties. (Plaintiff Attorneys Joshua Leventhal & Kenyon Meyer).(Defendant Attorneys Tracy Warren, Alissa Plaeu-Fuller, & Matthew Drennan). (no document attached) (kxb)
January 19, 2021 Filing 18 Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: A hearing on the Joint Motion for Determination of Expedited Discovery will be held on 1/26/2021, at 1:30 p.m. Dkt. No. 15. Counsel must call the Court's teleconference line at 1-888-398-2342, enter access code 8389272, and press * if prompted for a security code. (no document attached) (kxb)
January 14, 2021 Filing 17 REPLY to Response to Motion re #11 MOTION to Dismiss for Failure to State a Claim MOTION for More Definite Statement DEFENDANTS REPLY IN SUPPORT OF BHFO, INC.S MOTION TO DISMISS, AND IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT filed by BHFO, Inc. (Drenan, Matthew) (tcf).
January 14, 2021 Opinion or Order Filing 16 ORDER Vacating Hearing. The Court VACATES the hearing scheduled for January 21, 2021 at 1:30 p.m. and takes the matter under submission without oral argument. Signed by Judge Janis L. Sammartino on 1/14/2021.(jmr) (jms).
January 8, 2021 Filing 15 Joint MOTION for Discovery Joint Motion for Determination of Expedited Discovery by BHFO, Inc.. (Pleau-Fuller, Alissa)Attorney Alissa R. Pleau-Fuller added to party BHFO, Inc.(pty:dft) (tcf).
January 7, 2021 Filing 14 RESPONSE in Opposition re #11 MOTION to Dismiss for Failure to State a Claim MOTION for More Definite Statement filed by Upstrem, Inc. (Leventhal, Joseph) (tcf).
December 14, 2020 Filing 13 Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: Discovery Conference held on 12/14/2020.(no document attached) (kxb)
December 10, 2020 Filing 12 NOTICE of Appearance by Matthew Thomas Drenan on behalf of BHFO, Inc. (Drenan, Matthew)Attorney Matthew Thomas Drenan added to party BHFO, Inc.(pty:dft) (tcf).
December 10, 2020 Filing 11 MOTION to Dismiss for Failure to State a Claim , MOTION for More Definite Statement by BHFO, Inc. (Attachments: #1 Memo of Points and Authorities)(Warren, Tracy) (tcf).
December 10, 2020 Filing 10 Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: A Discovery Conference is set for 12/14/2020 at 4:00 p.m. Counsel must call the Court's teleconference line at 1-888-398-2342, enter access code 8389272 and press * if prompted for a security code.(no document attached) (kxb)
November 16, 2020 Opinion or Order Filing 9 ORDER Granting #7 Joint Motion to Extend Time for Filing of Responsive Pleading. Defendant must file its response to Plaintiff's Complaint on or before 12/15/2020. Signed by Judge Janis L. Sammartino on 11/16/2020. (tcf)
November 13, 2020 Filing 8 Corporate Disclosure Statement by BHFO, Inc. No Corporate Parents/Interested Parties. (Warren, Tracy) (tcf).
November 13, 2020 Filing 7 Joint MOTION for Extension of Time to File Responsive Pleading by BHFO, Inc. (Warren, Tracy)Attorney Tracy Anne Warren added to party BHFO, Inc.(pty:dft) (tcf).
November 9, 2020 Filing 6 SUMMONS Returned Executed by Upstrem, Inc. All Defendants served. (Leventhal, Joseph) (tcf).
November 9, 2020 Filing 5 PRO HAC APPROVED: Robert Kenyon Meyer appearing for Plaintiff Upstrem, Inc. (no document attached) (jrd)
November 9, 2020 Filing 4 Request to Appear Pro Hac Vice (Filing fee received: $206.00 receipt number ACASDC-14834851.)(Application to be reviewed by Clerk.) (Meyer, Robert)(jrd)
November 4, 2020 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. (jmr) (jms).
November 4, 2020 Filing 2 Corporate Disclosure Statement by Upstrem, Inc. No Corporate Parents/Interested Parties. (jmr) (jms).
November 4, 2020 Filing 1 COMPLAINT with Jury Demand against BHFO, Inc. ( Filing fee $ 400 receipt number ACASDC-14809490.), filed by Upstrem, Inc.. (Attachments: #1 Civil Cover Sheet)The new case number is 3:20-cv-2160-JLS-DEB. Judge Janis L. Sammartino and Magistrate Judge Daniel E. Butcher are assigned to the case. (Leventhal, Joseph)(jmr) (jms).

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Plaintiff: Upstrem, Inc.
Represented By: Joseph S. Leventhal
Represented By: Robert Kenyon Meyer
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Defendant: BHFO, Inc.
Represented By: Alissa R. Pleau-Fuller
Represented By: Matthew Thomas Drenan
Represented By: Tracy Anne Warren
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