Vivos Therapeutics, Inc v. Singh et al
| Vivos Therapeutics, Inc |
| Gurdev Dave Singh and Rod Willey |
| 1:2023cv00194 |
| January 23, 2023 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Susan Prose |
| Charlotte N Sweeney |
| Defend Trade Secrets Act (of 2016) |
| Both |
Docket Report
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This docket was last retrieved on July 24, 2023. A more recent docket listing may be available from PACER.
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Filing 48
ORDER RE: Stipulation of Dismissal Without Prejudice. By Judge Charlotte N. Sweeney on 7/24/2023. (schap, )
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Filing 47
STIPULATION of Dismissal without Prejudice by Plaintiff Vivos Therapeutics, Inc, Counter Defendant Vivos Therapeutics, Inc. (Attachments: #1 Proposed Order (PDF Only))(Freimann, Michael)
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Filing 46
COUNTERCLAIM against Vivos Therapeutics, Inc, filed by Gurdev Dave Singh.(Singh, Nitoj)
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Filing 45
SUPPLEMENT/AMENDMENT to #43 Scheduling Order by Plaintiff Vivos Therapeutics, Inc. (Freimann, Michael)
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Filing 44
MINUTE ORDER: A Final Pretrial Conference is set for 9/5/2024 at 9:00 AM in Courtroom A 702 before Judge Charlotte N. Sweeney. The parties' Proposed Final Pretrial Order due by 8/29/2024. In addition to filing, please email the proposed order in editable format to Sweeney_Chambers@cod.uscourts.gov. By Judge Charlotte N. Sweeney on 6/21/2023. Text Only Entry (cnssec.)
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Filing 43
SCHEDULING ORDER: by Magistrate Judge Susan Prose on June 8, 2023. (cpomm, )
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Filing 42
MINUTE ENTRY for proceedings held before Magistrate Judge Susan Prose: Scheduling Conference held on 6/8/2023. FTR: C205. (cpomm, )
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Filing 41
NOTICE of Entry of Appearance by Michael R. Fleming on behalf of Gurdev Dave SinghAttorney Michael R. Fleming added to party Gurdev Dave Singh(pty:dft) (Fleming, Michael)
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Filing 40
NOTICE of Entry of Appearance by Nitoj P. Singh on behalf of Gurdev Dave SinghAttorney Nitoj P. Singh added to party Gurdev Dave Singh(pty:dft) (Singh, Nitoj)
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Filing 39
Proposed Scheduling Order by Plaintiff Vivos Therapeutics, Inc. (Freimann, Michael)
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Filing 38
ORDER granting #37 Motion to Dismiss Party. Party Dr. Rod Willey dismissed with prejudice by stipulation of the parties pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). The parties shall bear their own respective costs, expenses, and attorneys' fees. by Judge Charlotte N. Sweeney on 5/31/23. Text Only Entry(jdyne)
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Filing 37
Stipulated MOTION to Dismiss Party Dr. Rod Willey by Plaintiff Vivos Therapeutics, Inc. (Attachments: #1 Proposed Order (PDF Only) re Stipulated Dismissal of Dr. Rod Willey)(Freimann, Michael)
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Filing 36
NOTICE: Except to the extent Magistrate Judge Susan Prose has already vacated or reset a conference or hearing in this case, all conferences and hearings scheduled in this matter before its reassignment to Magistrate Judge Susan Prose remain scheduled at the dates and times set, and will be held in person in Courtroom C-205 (Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado) before Magistrate Judge Susan Prose unless previously expressly set by telephone or video. To attend telephone conferences, the parties shall call 571-353-2301, Meeting ID- 868150043 at the scheduled time. All attendees shall please mute their phone when not speaking and not use a speaker phone. To attend video conferences, the parties shall follow the instructions attached to this Notice. Litigants and counsel whose offices are located outside of the Denver metropolitan area or who cannot reasonably make a personal appearance may appear at conferences and hearings by telephone. Please contact Chambers at (303) 335-2722 at least two business days prior to the conference or hearing to arrange appearance by telephone. (cpomm, )
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Filing 35
MINUTE ORDER by US Magistrate Judge Susan Prose on 05/12/2023. This matter is before the court sua sponte. The scheduling conference set for 5/23/2023 at 11:00 am is vacated and reset for 6/8/2023 at 9:00 am. The parties shall file their proposed scheduling order and email a copy in Word format to Prose_Chambers@cod.uscourts.gov, no later than seven calendar days before the conference. At the scheduled time, counsel shall appear in person in Room C-205 of the Byron G. Rogers Courthouse. Litigants and counsel whose offices are located outside of the Denver metropolitan area or who cannot reasonably make a personal appearance may appear at scheduling conferences by telephone. Please contact Chambers at (303) 335-2722 at least two business days prior to the conference to arrange appearance by telephone. Text Only Entry. (alave, )
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Filing 34
MINUTE ORDER by US Magistrate Judge Susan Prose on 05/12/2023. The relief requested in ECF No. #32 is granted. Defendant Willey has up to and including May 31, 2023 to file a responsive pleading to the complaint. Going forward, the parties are directed that when filing motions, a party must confer with all parties to the action, must include a certificate of conferral in the motion, and must title the motion as "Unopposed Motion" if unopposed by all parties to the action. See D.C.COLO.LCivR 7.1(a)-(c). Text Only Entry. (alave, )
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Filing 33
MEMORANDUM regarding #32 Joint Motion for Extension of Time to File Answer or Otherwise Respond re #1 Complaint and Notice of Preliminary Settlement. Motion #32 is referred to Magistrate Judge Susan Prose, by Judge Charlotte N. Sweeney on 5/10/2023. Text Only Entry (cnssec.)
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Filing 32
Joint MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, and Notice of Preliminary Settlement by Plaintiff Vivos Therapeutics, Inc. (Attachments: #1 Proposed Order (PDF Only))(Freimann, Michael)
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Filing 31
REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Susan Prose upon her appointment. All future pleadings should reference Magistrate Judge Prose at the end of the civil action number (such as 23-cv-00194-CNS-SP). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Prose in Courtroom C-205. Her chambers are located in Room C-254 of the Byron G. Rogers Courthouse. Her telephone number is 303-335-2722. (Text only entry) (alave, )
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Filing 30
ORDER granting #28 Motion to Reset. The Telephonic Scheduling Conference is RESET for 5/23/2023 11:00 AM before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, no later than seven calendar days before the conference. At the scheduled time, counsel shall call the Court provided conference line at (888) 251-2909 Access Code: 5662814#. SO ORDERED by Magistrate Judge S. Kato Crews on 4/25/2023. Text Only Entry(amont, )
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Filing 29
MEMORANDUM regarding #28 Unopposed MOTION to Reset the Scheduling Conference. Motion #28 referred to Magistrate Judge S. Kato Crews, by Judge Charlotte N. Sweeney on 4/24/2023. Text Only Entry (cnssec.)
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Filing 28
Unopposed MOTION to Reset the Scheduling Conference by Plaintiff Vivos Therapeutics, Inc. (Attachments: #1 Proposed Order (PDF Only))(Freimann, Michael)
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Filing 27
ORDER granting #26 First MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint. Defendant Rod Willey's answer to Plaintiff's Complaint #1 is now due on or before 5/10/2023. By Judge Charlotte N. Sweeney on 4/20/2023. Text Only Entry(cnssec.)
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Filing 26
First MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by Defendant Rod Willey. (Barrick, Aaron)
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Filing 25
ANSWER to #1 Complaint, by Gurdev Dave Singh.(Hess, Stephen)
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Filing 24
ORDER granting #22 Motion to Set Aside Clerk's Entry of Default. Before the Court is Defendant Dr. Rod Willey's Motion to Set Aside Clerk's Entry of Default (ECF No. #22 ). "Plaintiff takes no position on the relief requested" in Defendant Willey's Motion (id. at 1). Having reviewed Defendant Willey's Motion and supporting affidavit, the Court concludes that Defendant Willey has demonstrated that good cause exists to set aside the Clerk's entry of default. See Fed. R. Civ. P. 55(c). For instance, the default was not the result of any culpable conduct on the part of Defendant Willey; Plaintiff would not be prejudiced if the default is set aside, as demonstrated by Defendant Willey's Motion and Plaintiff's "position" on the Motion; and the Court agrees with Defendant Willey that he has an arguably meritorious defense (see ECF No. #22 at 3-5). See also United States ex rel. Cusick v. Kutzko, No. 19-CV-02856-RBJ, 2022 WL 782779, at *2 (D. Colo. Mar. 15, 2022) (setting forth factors to consider in determining whether a defendant has met the good cause standard, including culpability of defendant's conduct, prejudice to plaintiff, and whether defendant has presented a meritorious defense); Greene v. JJLV LLC, No. 21-CV-01182-CNS-MDB, 2022 WL 4098997, at *1 (D. Colo. Aug. 15, 2022) ("Ultimately, the Court prefers that disposition of any case be upon its merits and not by default judgment." (citation omitted)). Accordingly, the Court VACATES the Clerk's entry of default as to Defendant Willey (ECF No. 18 ). Defendant Willey shall respond to Plaintiffs Complaint by April 19, 2023. By Judge Charlotte N. Sweeney on 4/7/2023. Text Only Entry(cnssec.)
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Filing 23
NOTICE of Entry of Appearance by Clayton W. Moushon on behalf of Rod WilleyAttorney Clayton W. Moushon added to party Rod Willey(pty:dft) (Moushon, Clayton)
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Filing 22
MOTION to Set Aside Clerk's Entry of Default by Defendant Rod Willey. (Attachments: #1 Exhibit Affidavit of Defendant Dr. Rod Willey)(Barrick, Aaron)
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Filing 21
NOTICE of Entry of Appearance for Defendant Dr. Rod Willey by Aaron Wade Barrick on behalf of Rod WilleyAttorney Aaron Wade Barrick added to party Rod Willey(pty:dft) (Barrick, Aaron)
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Filing 20
MINUTE ORDER re: 18 Clerk's Entry of Default filed by Rod Willey. The Court orders that the Plaintiff submit a motion for default judgment as to Defendant Rod Willey on or before 4/28/2023. By Judge Charlotte N. Sweeney on 3/29/2023. Text Only Entry (cnssec. )
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Filing 19
NOTICE of Entry of Appearance by Stephen Andrew Hess on behalf of Gurdev Dave Singh (Hess, Stephen)
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Filing 18
Clerk's ENTRY OF DEFAULT as to Rod Willey re #17 MOTION for Entry of Default as to Defendant Dr. Rod Willey's Failure to Respond to Complaint, by Clerk. Text Only Entry (sphil, )
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Filing 17
MOTION for Entry of Default as to Defendant Dr. Rod Willey's Failure to Respond to Complaint by Plaintiff Vivos Therapeutics, Inc. (Attachments: #1 Exhibit Declaration of Michael A. Freimann)(Freimann, Michael)
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Filing 16
ADVISORY NOTICE TO ATTORNEY AND COURT: Stephen Andrew Hess failed to pay the 2022 Biennial Fee. Under D.C.COLO.LAttyR 3(a) and District Court General Order 2022-7, counsel was administratively removed from the court's attorney roll. Counsel must submit another bar application though PACER, pay the application fee, and, upon reinstatement, file a Notice of Entry of Appearance to continue as counsel of record in this case. Please visit and fully review the 2022 Biennial Renewal Fee page before contacting the Court for assistance (Biennial / Renewal Fee Information | US District Court of Colorado (uscourts.gov)). (Text Only Entry) (ashee, )
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Filing 15
MINUTE ORDER Setting Telephone Rule 16(b) Scheduling Conference. Telephone Scheduling Conference set for 5/1/2023 10:00 AM before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, no later than seven calendar days before the conference. At the scheduled time, counsel shall call the Court provided conference line at (888) 251-2909 Access Code: 5662814#. SO ORDERED by Magistrate Judge S. Kato Crews on 2/13/2023. Text Only Entry (amont, )
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Filing 14
WAIVER OF SERVICE Returned Executed by Vivos Therapeutics, Inc. Gurdev Dave Singh waiver sent on 1/30/2023, answer due 3/31/2023. (Ling, Mamie)
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Filing 13
SUMMONS Returned Executed by Vivos Therapeutics, Inc. Rod Willey served on 1/25/2023, answer due 2/15/2023. (Ling, Mamie)
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Filing 12
ORDER denying #7 Plaintiff's Emergency Motion for Ex Parte Temporary Restraining Order by Judge Charlotte N. Sweeney on 1/25/23.(jdyne)
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Filing 11
SUMMONSES issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (sphil, )
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Filing 10
NOTICE of Entry of Appearance by Mamie Ling on behalf of Vivos Therapeutics, IncAttorney Mamie Ling added to party Vivos Therapeutics, Inc(pty:pla) (Ling, Mamie)
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Filing 9
NOTICE of Entry of Appearance by Stephen Andrew Hess on behalf of Gurdev Dave SinghAttorney Stephen Andrew Hess added to party Gurdev Dave Singh(pty:dft) (Hess, Stephen)
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Filing 8
SUMMONS REQUEST as to Gurdev Dave Singh re #1 Complaint, by Plaintiff Vivos Therapeutics, Inc. (Attachments: #1 Summons to Rod Willey)(Freimann, Michael)
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Filing 7
Emergency MOTION for Temporary Restraining Order by Plaintiff Vivos Therapeutics, Inc. (Attachments: #1 Proposed Order (PDF Only), #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Freimann, Michael)
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Filing 6
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. By Judge Charlotte N. Sweeney on 1/23/2023. Text Only Entry (cnssec.)
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Filing 5
ORDER striking #2 Emergency Motion for Temporary Restraining Order. The Motion is STRICKEN for failure to comply with page limitations set forth in the Practice Standards of all of the active Article III Judges in this district. Please visit this Court's website and the Uniform Civil Practice Standards. www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonCharlotteNSweeney.aspx. By Judge Charlotte N. Sweeney on 1/23/2023. Text Only Entry(cnssec.)
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Filing 4
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons Issued. (norlin, )
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Filing 3
Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge S. Kato Crews. Text Only Entry (norlin, )
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Filing 2
Emergency MOTION for Temporary Restraining Order by Plaintiff Vivos Therapeutics, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Proposed Order (PDF Only))(Freimann, Michael)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 402,Receipt Number ACODC-8895904)Attorney Michael Adam Freimann added to party Vivos Therapeutics, Inc(pty:pla), filed by Vivos Therapeutics, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet)(Freimann, Michael)
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