Lee v. Frost et al
| Sammy Lee |
| Adam Logal, Opko Health, Inc., Robert S Fishel, Richard M Krasno, Steven D Rubin, Richard C Pfenninger, Alice Lin-Tsing Yu, Jane Hsiao, Phillip Frost, Richard A Lerner, John A Paganelli and Jane H. Hsiao |
| Andy Yu |
| 1:2021cv20885 |
| March 5, 2021 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Securities/Commodities |
| 15 U.S.C. § 0078 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 13, 2021. A more recent docket listing may be available from PACER.
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Filing 70
ORDER DISMISSING and Closing Case. Signed by Chief Judge Cecilia M. Altonaga on 9/13/2021. See attached document for full details. (ps1)
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Filing 69
ORDER granting #62 Motion to Dismiss. If Plaintiffs wish to file a motion for leave to file an amended complaint, they must do so on or before September 10, 2021, failing which the Court will dismiss this action without prejudice and without further notice. Signed by Chief Judge Cecilia M. Altonaga on 8/31/2021. See attached document for full details. (ps1)
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Filing 68
REPLY to Response to Motion re #62 Defendant's MOTION to Dismiss with Prejudice #61 Amended Complaint/Amended Notice of Removal Verified Shareholder Derivative Consolidated Amended Complaint, and Incorporated Memorandum of Law filed by Robert S Fishel, Phillip Frost, Jane H. Hsiao, Richard M Krasno, Richard A Lerner, Adam Logal, Opko Health, Inc., John A Paganelli, Richard C Pfenninger, Steven D Rubin, Alice Lin-Tsing Yu. (Miller, Brian)
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Filing 67
CLERK'S NOTICE - Attorney Admissions has updated the contact information for PHV attorney Timothy W. Brown re #66 Notice of Change of Address, Email or Law Firm Name. (pt)
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Filing 66
NOTICE of Change of Address, Email or Law Firm Name by Jose D. Sosa (Sosa, Jose)
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Filing 65
Clerks Notice to Filer re #64 Notice of Change of Address, Email or Law Firm Name. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (drz)
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Filing 64
NOTICE of Change of Address, Email or Law Firm Name by Jose D. Sosa (Sosa, Jose)
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Filing 63
RESPONSE in Opposition re #62 Defendant's MOTION to Dismiss with Prejudice #61 Amended Complaint/Amended Notice of Removal Verified Shareholder Derivative Consolidated Amended Complaint, and Incorporated Memorandum of Law filed by Sammy Lee, Andy Yu. Replies due by 6/21/2021. (Sosa, Jose)
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Filing 62
Defendant's MOTION to Dismiss with Prejudice #61 Amended Complaint/Amended Notice of Removal Verified Shareholder Derivative Consolidated Amended Complaint, and Incorporated Memorandum of Law by Robert S Fishel, Phillip Frost, Jane H. Hsiao, Richard M Krasno, Richard A Lerner, Adam Logal, Opko Health, Inc., John A Paganelli, Richard C Pfenninger, Steven D Rubin, Alice Lin-Tsing Yu. Responses due by 6/7/2021 (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 Exhibit 9)(Miller, Brian)
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Filing 61
AMENDED COMPLAINT (Verified and Consolidated) against All Defendants, filed by Sammy Lee, Andy Yu.(Sosa, Jose)
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Filing 60
ORDER after scheduling conference: Amended Complaint due by 4/19/2021. Combined Motion to dismiss due by 5/24/2021. Response to motion to dismiss due by 6/14/2021. Reply due by 6/21/2021. Discovery in this matter is stayed pending resolution of the motion to dismiss. Should the motion to dismiss be denied, the Court will enter a scheduling order to govern the remainder of the case. Signed by Judge Cecilia M. Altonaga on 4/15/2021. See attached document for full details. (ps1)
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Filing 59
PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Scheduling Conference held on 4/15/2021. Total time in court: 15 minutes. Attorney Appearance(s): Brian Paul Miller, Samantha J. Kavanaugh, Jose D. Sosa, Timothy W. Brown, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (edr)
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Filing 58
PAPERLESS ORDER granting #57 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Cecilia M. Altonaga (CMA)
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Filing 57
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Timothy Brown. Filing Fee $ 200.00 Receipt # AFLSDC-14605754 by Sammy Lee, Andy Yu. Responses due by 4/28/2021 (Attachments: #1 Certification Certification of Timothy Brown, Esq., #2 Text of Proposed Order)(Sosa, Jose)
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Filing 56
ORDER SETTING HEARING: Scheduling Conference set for 4/15/2021 at 10:00 AM in Miami Division before Judge Cecilia M. Altonaga. Signed by Judge Cecilia M. Altonaga on 4/13/2021. See attached document for full details. (wc)
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Filing 55
Joint SCHEDULING REPORT - Rule 16.1 by Robert S Fishel, Phillip Frost, Jane H. Hsiao, Richard M Krasno, Richard A Lerner, Adam Logal, Opko Health, Inc., John A Paganelli, Richard C Pfenninger, Steven D Rubin, Alice Lin-Tsing Yu (Attachments: #1 Text of Proposed Order)(Miller, Brian)
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Filing 54
Plaintiff's Notice to Proceed with the Initial Complaint to #22 Order on Motion for Extension of Time to File Response/Reply/Answer,, by Sammy Lee, Andy Yu. (Sosa, Jose)
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Filing 53
Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Sammy Lee, Andy Yu (Sosa, Jose)
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Filing 52
ORDER denying #51 Defendants' Motion for a Stay of the Deadline to File a Joint Scheduling Report. Nevertheless, the parties are granted an extension of time until April 12, 2021 to file a joint scheduling report. The deadline for the parties' submission of their certificates of interested parties remains April 5, 2021. Signed by Judge Cecilia M. Altonaga on 4/2/2021. See attached document for full details. (wc)
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Filing 51
Defendant's MOTION to Stay re #21 Order Requiring Joint Scheduling Report, by Robert S Fishel, Phillip Frost, Jane H. Hsiao, Richard M Krasno, Richard A Lerner, Adam Logal, Opko Health, Inc., John A Paganelli, Richard C Pfenninger, Steven D Rubin, Alice Lin-Tsing Yu. Responses due by 4/16/2021 (Attachments: #1 Text of Proposed Order)(Miller, Brian)
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Filing 50
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Robert S Fishel, Phillip Frost, Jane H. Hsiao, Richard M Krasno, Richard A Lerner, Adam Logal, Opko Health, Inc., John A Paganelli, Richard C Pfenninger, Steven D Rubin, Alice Lin-Tsing Yu (Miller, Brian)
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Filing 49
ORDER granting #47 MOTION to Appoint Lead Counsel Phillip Kim, Timothy Brown. Signed by Judge Cecilia M. Altonaga on 4/1/2021. See attached document for full details. (ps1)
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Filing 48
NOTICE by Sammy Lee, Andy Yu re #47 Unopposed MOTION to Appoint Lead Counsel The Rosen Law Firm, P.A., Phillip Kim, and The Brown Law Firm, P.C., Timothy Brown (Attachments: #1 Exhibit B - The Brown Law Firm) (Sosa, Jose)
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Filing 47
Unopposed MOTION to Appoint Lead Counsel The Rosen Law Firm, P.A., Phillip Kim, and The Brown Law Firm, P.C., Timothy Brown by Sammy Lee, Andy Yu. Responses due by 4/14/2021 (Attachments: #1 Exhibit A - Rosen Law Firm Biography, #2 Text of Proposed Order Proposed Order)(Sosa, Jose)
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Filing 46
WAIVER OF SERVICE Returned Executed by Sammy Lee, Andy Yu. Alice Lin-Tsing Yu waiver sent on 3/24/2021, answer due 5/24/2021. (Sosa, Jose)
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Filing 45
WAIVER OF SERVICE Returned Executed by Sammy Lee, Andy Yu. Steven D Rubin waiver sent on 3/24/2021, answer due 5/24/2021. (Sosa, Jose)
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Filing 44
WAIVER OF SERVICE Returned Executed by Sammy Lee, Andy Yu. Richard C Pfenninger waiver sent on 3/24/2021, answer due 5/24/2021. (Sosa, Jose)
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Filing 43
WAIVER OF SERVICE Returned Executed by Sammy Lee, Andy Yu. John A Paganelli waiver sent on 3/24/2021, answer due 5/24/2021. (Sosa, Jose)
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Filing 42
WAIVER OF SERVICE Returned Executed by Sammy Lee, Andy Yu. Adam Logal waiver sent on 3/24/2021, answer due 5/24/2021. (Sosa, Jose)
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Filing 41
WAIVER OF SERVICE Returned Executed by Sammy Lee, Andy Yu. Richard A Lerner waiver sent on 3/24/2021, answer due 5/24/2021. (Sosa, Jose)
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Filing 40
WAIVER OF SERVICE Returned Executed by Sammy Lee, Andy Yu. Richard M Krasno waiver sent on 3/24/2021, answer due 5/24/2021. (Sosa, Jose)
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Filing 39
WAIVER OF SERVICE Returned Executed by Sammy Lee, Andy Yu. Jane H. Hsiao waiver sent on 3/24/2021, answer due 5/24/2021. (Sosa, Jose)
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Filing 38
WAIVER OF SERVICE Returned Executed by Andy Yu. Phillip Frost waiver sent on 3/24/2021, answer due 5/24/2021. (Sosa, Jose)
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Filing 37
WAIVER OF SERVICE Returned Executed by Sammy Lee, Andy Yu. Robert S Fishel waiver sent on 3/24/2021, answer due 5/24/2021. (Sosa, Jose)
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Filing 36
REQUEST FOR WAIVER of Service sent to Alice Lin-Tsing Yu on March 22, 2021 by Sammy Lee, Andy Yu. (Sosa, Jose)
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Filing 35
REQUEST FOR WAIVER of Service sent to Steven Rubin on March 22, 2021 by Sammy Lee, Andy Yu. (Sosa, Jose)
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Filing 34
REQUEST FOR WAIVER of Service sent to Richard Pfenniger on March 22, 2021 by Sammy Lee, Andy Yu. (Sosa, Jose)
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Filing 33
REQUEST FOR WAIVER of Service sent to John Paganelli on March 22, 2021 by Sammy Lee, Andy Yu. (Sosa, Jose)
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Filing 32
REQUEST FOR WAIVER of Service sent to Adam Logal on March 22, 2021 by Sammy Lee, Andy Yu. (Sosa, Jose)
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Filing 31
REQUEST FOR WAIVER of Service sent to Richard Lerner on March 22, 2021 by Sammy Lee, Andy Yu. (Sosa, Jose)
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Filing 30
WAIVER OF SERVICE Returned Executed by Sammy Lee, Andy Yu. Richard M Krasno waiver sent on 3/22/2021, answer due 5/24/2021. (Sosa, Jose)
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Filing 29
REQUEST FOR WAIVER of Service sent to Richard Krasno on March 22, 2021 by Sammy Lee, Andy Yu. (Sosa, Jose)
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Filing 28
WAIVER OF SERVICE Returned Executed by Sammy Lee, Andy Yu. Jane H. Hsiao waiver sent on 3/22/2021, answer due 5/24/2021. (Sosa, Jose)
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Filing 27
REQUEST FOR WAIVER of Service sent to Jane Hsiao on March 22, 2021 by Sammy Lee, Andy Yu. (Sosa, Jose)
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Filing 26
WAIVER OF SERVICE Returned Executed by Sammy Lee, Andy Yu. Phillip Frost waiver sent on 3/22/2021, answer due 5/24/2021. (Sosa, Jose)
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Filing 25
REQUEST FOR WAIVER of Service sent to Philip Frost on March 22, 2021 by Sammy Lee, Andy Yu. (Sosa, Jose)
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Filing 24
WAIVER OF SERVICE Returned Executed by Andy Yu. Robert S Fishel waiver sent on 3/22/2021, answer due 5/24/2021. (Sosa, Jose)
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Filing 23
REQUEST FOR WAIVER of Service sent to Robert Fishel on March 22, 2021 by Sammy Lee, Andy Yu. (Sosa, Jose)
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Filing 22
ORDER granting #20 Nominal Defendant OPKO Health, Inc.'s Unopposed Motion for Extension of Time to File a Response to Plaintiff's Complaint. Plaintiffs have until April 9, 2021 to file their consolidated complaint or file a notice they intend to proceed with the Complaint [ECF No. 1]. All Defendants shall file a single combined response or their separate answers to the Complaint by May 24, 2021. Signed by Judge Cecilia M. Altonaga on 3/25/2021. See attached document for full details. (wc)
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Filing 21
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report and Certificates of Interested Parties due by 4/5/2021. Signed by Judge Cecilia M. Altonaga on 3/25/2021. See attached document for full details. (wc)
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Filing 20
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint Nominal Defendant OPKO Health, Inc. to File a Joint Response, with all Defendants, to Plaintiff's Complaint by Robert S Fishel, Phillip Frost, Jane Hsiao, Richard M Krasno, Richard A Lerner, Adam Logal, Opko Health, Inc., John A Paganelli, Richard C Pfenninger, Steven D Rubin, Alice Lin-Tsing Yu. (Attachments: #1 Text of Proposed Order)(Miller, Brian)
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Filing 19
Corporate Disclosure Statement Of Nominal Defendant OPKO Health, Inc. by Robert S Fishel, Phillip Frost, Jane Hsiao, Richard M Krasno, Richard A Lerner, Adam Logal, Opko Health, Inc., John A Paganelli, Richard C Pfenninger, Steven D Rubin, Alice Lin-Tsing Yu (Miller, Brian)
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Filing 18
NOTICE of Attorney Appearance by Samantha J. Kavanaugh on behalf of Robert S Fishel, Phillip Frost, Jane Hsiao, Richard M Krasno, Richard A Lerner, Adam Logal, Opko Health, Inc., John A Paganelli, Richard C Pfenninger, Steven D Rubin, Alice Lin-Tsing Yu. Attorney Samantha J. Kavanaugh added to party Robert S Fishel(pty:dft), Attorney Samantha J. Kavanaugh added to party Phillip Frost(pty:dft), Attorney Samantha J. Kavanaugh added to party Jane Hsiao(pty:dft), Attorney Samantha J. Kavanaugh added to party Richard M Krasno(pty:dft), Attorney Samantha J. Kavanaugh added to party Richard A Lerner(pty:dft), Attorney Samantha J. Kavanaugh added to party Adam Logal(pty:dft), Attorney Samantha J. Kavanaugh added to party Opko Health, Inc.(pty:dft), Attorney Samantha J. Kavanaugh added to party John A Paganelli(pty:dft), Attorney Samantha J. Kavanaugh added to party Richard C Pfenninger(pty:dft), Attorney Samantha J. Kavanaugh added to party Steven D Rubin(pty:dft), Attorney Samantha J. Kavanaugh added to party Alice Lin-Tsing Yu(pty:dft). (Kavanaugh, Samantha)
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Filing 17
NOTICE of Attorney Appearance by Brian Paul Miller on behalf of Robert S Fishel, Phillip Frost, Jane Hsiao, Richard M Krasno, Richard A Lerner, Adam Logal, Opko Health, Inc., John A Paganelli, Richard C Pfenninger, Steven D Rubin, Alice Lin-Tsing Yu. Attorney Brian Paul Miller added to party Robert S Fishel(pty:dft), Attorney Brian Paul Miller added to party Phillip Frost(pty:dft), Attorney Brian Paul Miller added to party Jane Hsiao(pty:dft), Attorney Brian Paul Miller added to party Richard M Krasno(pty:dft), Attorney Brian Paul Miller added to party Richard A Lerner(pty:dft), Attorney Brian Paul Miller added to party Adam Logal(pty:dft), Attorney Brian Paul Miller added to party Opko Health, Inc.(pty:dft), Attorney Brian Paul Miller added to party John A Paganelli(pty:dft), Attorney Brian Paul Miller added to party Richard C Pfenninger(pty:dft), Attorney Brian Paul Miller added to party Steven D Rubin(pty:dft), Attorney Brian Paul Miller added to party Alice Lin-Tsing Yu(pty:dft). (Miller, Brian)
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Filing 16
ORDER CONSOLIDATING CASES re #15 Stipulation and [Proposed] Order to Consolidate Related Shareholder Derivative Actions filed by Sammy Lee. Case numbers 21-20885-CIV and 21-20972-CIV are CONSOLIDATED. Once all Defendants have been properly served or have waived service in accordance with the Federal Rules of Civil Procedure, the Court will instruct Defendants to file separate answers or a combined response within the time permitted by the applicable rules. The Court will also, at the appropriate time and by separate order, instruct the parties to file a joint scheduling report as well as certificates of interested parties and corporate disclosure statements. Signed by Judge Cecilia M. Altonaga on 3/19/2021. See attached document for full details. (wc)
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Filing 15
MOTION to Consolidate Cases and Establish A Ladership Structure (Stipulation) by Sammy Lee. Responses due by 4/1/2021 (Attachments: #1 Exhibit A - Rosen Law Firm Biography, #2 Exhibit B - Brown Law Firm Biography, #3 Text of Proposed Order Proposed Order)(Sosa, Jose)
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Filing 14
RESPONSE TO ORDER TO SHOW CAUSE re #12 Order to Show Cause, by Sammy Lee. (Sosa, Jose)
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Filing 13
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Sammy Lee. Opko Health, Inc. served on 3/8/2021, answer due 3/29/2021. (Sosa, Jose)
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Filing 12
ORDER that Plaintiffs show cause why these cases should not be consolidated by March 18, 2021. If Plaintiffs fail to file an opposition by that date, the Court will consolidate the cases. Signed by Judge Cecilia M. Altonaga on 3/12/2021. See attached document for full details. (wc)
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Filing 11
Summons Issued as to Opko Health, Inc. (jao)
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Filing 10
NOTICE of Filing Proposed Summons(es) to Opko Health, Inc. by Sammy Lee re 9 Clerks Notice to Filer re: Electronic Case, Summons(es) (Sosa, Jose)
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Filing 9
Clerks Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued for the following reason - AO 440 form was not used. (jao)
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Filing 8
Summons Issued as to Opko Health, Inc. (jao) Modified on 3/8/2021 to restrict document, issued in error (jao).
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Filing 7
NOTICE of Filing Proposed Summons(es) to Opko Health, Inc. by Sammy Lee re 6 Clerks Notice to Filer re: Electronic Case, Summons(es) (Sosa, Jose)
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Filing 6
Clerks Notice to Filer re: Summons(es) cannot be issued. The number of days to respond to the Summons(es) is incorrect (jao)
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Filing 5
NOTICE by Sammy Lee re 3 Clerks Notice to Filer re: Electronic Case Civil Cover Sheet (Sosa, Jose)
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Filing 4
NOTICE of Filing Proposed Summons(es) as to Opko Health, Inc. by Sammy Lee (Sosa, Jose)
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Filing 3
Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (jao)
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Filing 2
Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jao)
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Filing 1
COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number BFLSDC-14495967, filed by Sammy Lee.(Sosa, Jose)
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