Balboa Capital Corporation v. Mitt Lary Family Practice, LLC
| Balboa Capital Corporation |
| MALIKA ARYANPURE, Mitt Lary Family Practice, LLC and Does TERMINATED: |
| Andrew M Deutsch |
| Cynosure LLC and Hologic, Inc. |
| 1:2024cv11151 |
| April 30, 2024 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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| Filing 75 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Danieli, Chris) |
| Filing 74 Case transferred in from District of California Central; Case Number 8:23-cv-00936. |
Filing 73
ORDER GRANTING STIPULATION TO TRANSFER VENUE by Judge Kenly Kiya Kato, re Stipulation to Change Venue #70 : Having considered the stipulation of Third-Party Plaintiffs Mitt Lary Family Practice, LLC and Malika Aryanpure ("Third-Party Plaintiffs") and Third-Party Defendant Cynosure, LLC ("Cynosure"), and for good cause appearing therein, the stipulation is GRANTED. Third-Party Plaintiffs' claims against Cynosure are hereby TRANSFERRED, pursuant the forum selection clause in the Parties' Purchase Agreement, to the United States District Court for the District of Massachusetts with each party bearing its own costs associated with the transfer. Nothing in this Order prejudices any right of Cynosure to assert any and all available defenses to the claims alleged against it following transfer. IT IS FURTHER ORDERED THAT Third-Party Defendant Cynosure LLCs (1)Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) (ECF No. 59); and (2)Motion to Dismiss (ECF No. 58) are withdrawn without prejudice as moot. (bm)
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Filing 72
NOTICE AND ORDER by Judge Kenly Kiya Kato: The Court has updated its procedures in civil cases, including the recommended timelines in the Court's Schedule of Pretrial Dates form and the requirements and deadlines for filing pretrial documents. The parties are hereby directed to review the updated Civil Standing Order, Order Setting Scheduling Conference, and Civil Trial Scheduling Order, which are available on the Court's website at #https://www.cacd.uscourts.gov/honorable-kenly-kiya-kato. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY
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| Filing 71 THIRD AMENDED CROSSCLAIM against Cross-Defendant and Third-Party Defendant Balboa Capital Corporation, Cynosure, LLC, Hologic, Inc. amending Amended Counterclaim, #56 ; JURY DEMAND, filed by Crossclaim and Third-Party Plaintiff Mitt Lary Family Practice, LLC, Malika Aryanpure(Attorney Andrew Michael Cox added to party Malika Aryanpure(pty:3pp), Attorney Andrew Michael Cox added to party Malika Aryanpure(pty:cc), Attorney Andrew Michael Cox added to party Mitt Lary Family Practice, LLC(pty:3pp), Attorney Andrew Michael Cox added to party Mitt Lary Family Practice, LLC(pty:cc))(Cox, Andrew) |
| Filing 70 STIPULATION to Change Venue to United States District Court for the District of Massachusetts filed by Third-Party Defendant Cynosure, LLC. (Attachments: #1 Proposed Order)(Beroukhim, E.) |
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Filing 69
MINUTES (In Chambers) Order GRANTING Plaintiff's Motion to Dismiss [Dkt. 60] by Judge Kenly Kiya Kato. For the reasons set forth above, Plaintiff's Motion to Dismiss is GRANTED. Cause of Action Four is DISMISSED WITHOUT LEAVE TO AMEND. Cause of Action Five is DISMISSED WITH LEAVE TO AMEND. No later than April 22, 2024, Defendants shall file either (1) a Third Amended Counterclaim, or (2) a statement indicating Defendants intend to proceed on the causes of action that survive in the SACC (i.e., Causes of Action One through Three). (See document for further information).; granting #60 MOTION to Dismiss Second Amended Counterclaim. (aco)
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Filing 68
(IN CHAMBERS) ORDER by Judge Kenly Kiya Kato: The Court finds Plaintiff's MOTION to Dismiss Second Amended Counterclaim #60 appropriate for resolution without oral argument. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the hearing set for April 11, 2024 is hereby VACATED and the matter is taken under submission. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tc) TEXT ONLY ENTRY
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| Filing 67 REPLY filed by Plaintiff Balboa Capital Corporation to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Counterclaim #60 (Salisian, Neal) |
| Filing 66 OPPOSITION IN OPPOSITION TO re: NOTICE OF MOTION AND MOTION to Dismiss Second Amended Counterclaim #60 filed by Counter Claimants Malika Aryanpure, Mitt Lary Family Practice, LLC. (Attachments: #1 Proposed Order)(Katz, Jared) |
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Filing 65
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge Kenly Kiya Kato. The Court hereby orders that the request of Defendant, Cross-complainant and Third Party Plaintiff Malika Aryanpure to substitute Jared M. Katz as attorney of record instead of Dariush G. Aldi and Jacob Mojarro is hereby GRANTED.; granting #61 Request to Substitute Attorney. (aco)
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Filing 64
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge Kenly Kiya Kato. The Court hereby orders that the request of Defendant, Cross-complainant and Third Party Plaintiff Mitt Lary Family Practice, LLC to substitute Jared M. Katz as attorney of record instead of Dariush G. Aldi and Jacob Mojarro is hereby GRANTED.; granting #62 Request to Substitute Attorney. (aco)
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| Filing 63 Amendment to REQUEST TO SUBSTITUTE ATTORNEY Jared M. Katz in place of attorney Dariush Adli #61 filed by ThirdParty Plaintiff Malika Aryanpure, Defendant Malika Aryanpure, Counter Claimant Malika Aryanpure. (Attachments: #1 Proposed Order)(Katz, Jared) |
| Filing 62 REQUEST TO SUBSTITUTE ATTORNEY Jared M. Katz in place of attorney Dariush Adli filed by Defendant, Cross-complainant and Third Party Plaintiff Mitt Lary Family Practice, LLC. (Attachments: #1 Proposed Order) (Attorney Jared M. Katz added to party Mitt Lary Family Practice, LLC(pty:3pp), Attorney Jared M. Katz added to party Mitt Lary Family Practice, LLC(pty:dft), Attorney Jared M. Katz added to party Mitt Lary Family Practice, LLC(pty:cc)) (Katz, Jared) |
| Filing 61 REQUEST TO SUBSTITUTE ATTORNEY Jared M. Katz in place of attorney Dariush Adli filed by Defendant, Cross-complainant and Third Party Plaintiff Malika Aryanpure. (Attachments: #1 Proposed Order) (Attorney Jared M. Katz added to party Malika Aryanpure(pty:3pp), Attorney Jared M. Katz added to party Malika Aryanpure(pty:dft), Attorney Jared M. Katz added to party Malika Aryanpure(pty:cc)) (Katz, Jared) |
| Filing 60 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Counterclaim filed by Plaintiff Balboa Capital Corporation. Motion set for hearing on 4/11/2024 at 09:30 AM before Judge Kenly Kiya Kato. (Attachments: #1 Proposed Order) (Salisian, Neal) |
| Filing 59 WITHDRAWN PURSUANT TO COURT ORDER DATED 4/29/2024, DKT. NO. #73 . NOTICE OF MOTION AND MOTION to Transfer Case to US District Court for the District of Massachusetts filed by Third-Party Defendant Cynosure, LLC. Motion set for hearing on 5/9/2024 at 09:30 AM before Judge Kenly Kiya Kato. (Attachments: #1 Declaration of Alex Beroukhim with Exhibits, #2 Proposed Order) (Beroukhim, E.) Modified on 4/29/2024 (bm). |
| Filing 58 WITHDRAWN PURSUANT TO COURT ORDER DATED 4/29/2024, DKT. NO. #73 . NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Third-Party Defendant Cynosure, LLC. Motion set for hearing on 5/9/2024 at 09:30 AM before Judge Kenly Kiya Kato. (Attachments: #1 Declaration of Alex Beroukhim with Exhibits, #2 Declaration of Jennifer Roma with Exhibit, #3 Proposed Order) (Beroukhim, E.) Modified on 4/29/2024 (bm). |
| Filing 57 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Andrew M Deutsch has been assigned to serve as Panel Mediator. (lst) |
| Filing 56 SECOND AMENDED COUNTERCLAIM against Counter Defendant and Third Party Defendant Balboa Capital Corporation, Cynosure, LLC amending Amended Counterclaim, #33 ; JURY DEMAND, filed by Counter Claimants and Third Party Complainants Mitt Lary Family Practice, LLC, Malika Aryanpure(Adli, Dariush) |
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Filing 55
ORDER GRANTING STIPULATION TO EXTEND THIRD-PARTY DEFENDANT CYNOSURE LLC'S TIME TO RESPOND TO THIRD-PARTY PLAINTIFFS' FIRST AMENDED COUNTERCLAIMS AND THIRD-PARTY COMPLAINT BY 14 DAYS granting Stipulation #53 by Judge Kenly Kiya Kato: 1.The Stipulation is approved; 2.Cynosure's time to respond to the First Amended Counterclaims and Third-Party Complaint shall be extended by fourteen (14) days, up to and including March 6, 2024. (bm)
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| Filing 54 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Stipulation for Extension of Time to File Response/Reply, #53 . The following error(s) was/were found: Caption shall indicate how many previous extensions requested. See Judge Kato's Standing Order. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (aco) |
| Filing 53 STIPULATION for Extension of Time to File (STIPULATION TO EXTEND THIRD-PARTY DEFENDANT CYNOSURE, LLC'S TIME TO RESPOND TO THIRD-PARTY PLAINTIFFS' FIRST AMENDED COUNTERCLAIMS AND THIRD-PARTY COMPLAINT BY 14 DAYS) filed by Third-Party Defendant Cynosure, LLC. (Attachments: #1 Proposed Order)(Attorney E. Alex Beroukhim added to party Cynosure, LLC(pty:3pd))(Beroukhim, E.) |
| Filing 52 PROOF OF SERVICE Executed by defendants, counterclaimants, and third-party complainants Mitt Lary Family Practice, LLC, Malika Aryanpure, upon Third-Party Defendant Cynosure, LLC served on 1/31/2024, answer due 2/21/2024. Service of the Summons and Complaint were executed upon Nadar Tomer, CEO of Cynosure, LLC in compliance with Federal Rules of Civil Procedure by personal service (Adli, Dariush) |
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Filing 51
MINUTES (IN CHAMBERS) Order GRANTING in PART and DENYING in PART Plaintiff's Motion to Dismiss #40 by Judge Kenly Kiya Kato. Plaintiff's Motion to Dismiss is GRANTED in PART and DENIED in PART. Causes of Action Five and Six are DISMISSED with LEAVE TO AMEND. No later than February 22, 2024, Defendants shall file either (1) a Second Amended Counterclaim, or (2) a statement indicating Defendants intend to proceed on the causes of action that survive in the FACC (i.e., Causes of Action One through Four). Defendants are expressly warned that failure to timely file a Second Amended Counterclaim or statement indicating Defendants intend to proceed on the First Amended Counterclaim will result in the Counterclaim action being dismissed for failure to prosecute and comply with Court orders. See FED. R. CIV. P. 41(b). (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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Filing 50
ORDER/REFERRAL to ADR Procedure No 2 by Judge Kenly Kiya Kato. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 10/31/2024. (aco)
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Filing 49
CIVIL TRIAL SCHEDULING ORDER by Judge Kenly Kiya Kato. Amended Pleadings due by 4/11/2024. Discovery cut-off 8/29/2024. Motions due by 10/31/2024. Last date to conduct settlement conference is 10/31/2024. Final Pretrial Conference set for 5/1/2025 10:30 AM before Judge Kenly Kiya Kato. Jury Trial set for 5/19/2025 08:30 AM before Judge Kenly Kiya Kato. (npo)
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Filing 48
SCHEDULING NOTICE AND ORDER by Judge Kenly Kiya Kato: The Scheduling Conference set for February 1, 2024, is hereby VACATED. The Court will issue a separate trial scheduling order setting forth a trial schedule. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (npo) TEXT ONLY ENTRY
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| Filing 47 21 DAY Summons Issued re Amended Counterclaim, #33 as to Third-party defendant Cynosure, LLC. (aco) |
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Filing 46
(IN CHAMBERS) ORDER by Judge Kenly Kiya Kato: The Court finds Plaintiff's Motion to Dismiss [Dkt. #40 ] appropriate for resolution without oral argument. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the hearing set for January 25, 2024 is hereby VACATED and the matter is taken under submission. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (npo) TEXT ONLY ENTRY
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| Filing 45 STATUS REPORT Joint Status Report filed by Plaintiff Balboa Capital Corporation. (Attachments: #1 Exhibit A)(Salisian, Neal) |
| Filing 44 STIPULATION to Continue Hearing on Plaintiff's Motion to Dismiss Counterclaims from January 25, 2024 to February 1, 2024 filed by defendants Malika Aryanpure, Mitt Lary Family Practice, LLC. (Attachments: #1 Proposed Order)(Adli, Dariush) |
| Filing 43 Request for Clerk to Issue Summons on Amended Counterclaim, #33 filed by Counter Claimants and Third Party Complainants Malika Aryanpure, Mitt Lary Family Practice, LLC. (Adli, Dariush) |
| Filing 42 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Dismiss the Defendants and Couterclaimants' fourth, fifth and sixth causes of action against Balboa in their First Amended Counterclaim and Third Party Complaint #40 filed by Plaintiff Balboa Capital Corporation. (Salisian, Neal) |
| Filing 41 OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION to Dismiss Dismiss the Defendants and Couterclaimants' fourth, fifth and sixth causes of action against Balboa in their First Amended Counterclaim and Third Party Complaint #40 filed by Defendants Malika Aryanpure, Mitt Lary Family Practice, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Adli, Dariush) |
| Filing 40 NOTICE OF MOTION AND MOTION to Dismiss Dismiss the Defendants and Couterclaimants' fourth, fifth and sixth causes of action against Balboa in their First Amended Counterclaim and Third Party Complaint filed by Plaintiff Balboa Capital Corporation. Motion set for hearing on 1/25/2024 at 09:30 AM before Judge Kenly Kiya Kato. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING BALBOA CAPITAL CORPORATIONS F.R.C.P 12 MOTION TO DISMISS THE AMENDED COUNTERCLAIM) (Salisian, Neal) |
| Filing 39 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #38 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write "see attached." Next, attach a face page of the complaint or a second page addendum to the Summons. Please reflect the caption for the amended counterclaim and below the words, "SUMMONS IN A CIVIL ACTION," please indicate, "ON THE AMENDED COUNTERCLAIM.". The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (aco) |
| Filing 38 Request for Clerk to Issue Summons on Amended Counterclaim, #33 , Notice of Deficiency in Request to Issue Summons, #36 filed by Counter Claimants and Third Party Complainants Malika Aryanpure, Mitt Lary Family Practice, LLC. (Adli, Dariush) |
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Filing 37
ORDER SETTING SCHEDULING CONFERENCE by Judge Kenly Kiya Kato. Scheduling Conference set for 2/1/2024 at 10:00 AM. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom)
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| Filing 36 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #35 . The following error(s) was found: The name and address of the attorney for plaintiff(s)must be entered in the appropriate field. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (rolm) |
| Filing 35 Request for Clerk to Issue Summons on Amended Counterclaim, #33 filed by Counter Claimants and Third Party Complainants Malika Aryanpure, Mitt Lary Family Practice, LLC. (Adli, Dariush) |
| Filing 34 STATEMENT Joint Case Management Statement filed by Plaintiff Balboa Capital Corporation (Salisian, Neal) |
| Filing 33 FIRST AMENDED COUNTERCLAIM against Counter Defendant and Third Party Defendant Balboa Capital Corporation, Cynosure, LLC amending Answer to Complaint (Attorney Civil Case Opening),, Third Party Complaint,, Counterclaim, #23 ; JURY DEMAND, filed by Counter Claimants and Third Party Complainants Mitt Lary Family Practice, LLC, Malika Aryanpure(Adli, Dariush) |
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Filing 32
NOTICE AND ORDER by Judge Kenly Kiya Kato: On May 26, 2023, plaintiff/counter-defendant Balboa Capital Corporation ("Plaintiff") filed a Complaint against defendants/counter-claimants Mitt Lary Family Practice, LLC and Malika Aryanpure ("Defendants"). Dkt. 1. On November 2, 2023, Defendants filed an Answer, Counterclaim, and Third-Party Complaint. Dkt. 23. On November 27, 2023, Plaintiff filed a Motion to Dismiss Defendants' Counterclaim. Dkt. #30 . On December 7, 2023, Defendants filed a First Amended Counterclaim and Third-Party Complaint. Dkt. #31 . In light of Defendants filing an amended Counterclaim, Plaintiffs Motion to Dismiss Defendants' Counterclaim, dkt. 30, is DENIED as MOOT. Nevertheless, the Court notes Defendants improperly re-filed their Answer with the First Amended Counterclaim and Third-Party Complaint. See dkt. 31. The Court therefore ORDERS dkt. 31 be STRICKEN. Defendants shall re-file the First Amended Counterclaim and Third-Party Complaint ONLY no later than December 18, 2023. Such document will be deemed filed as of December 7, 2023. Defendants are advised failure to comply with this order will result in dismissal of the First Amended Counterclaim and Third-Party Complaint. See Fed. R. Civ. P. 41(b). IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (npo) TEXT ONLY ENTRY
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| Filing 31 [STRICKEN] AMENDED ANSWER and AMENDED ANSWER, COUNTERCLAIMS, and THIRD-PARTY COMPLAINT to Answer to Complaint (Attorney Civil Case Opening),, Third Party Complaint,, Counterclaim, #23 filed by defendants, counterclaimants, and third-party complainants Malika Aryanpure, Mitt Lary Family Practice, LLC. (Adli, Dariush) Modified on 12/11/2023 (npo). |
| Filing 30 NOTICE OF MOTION AND MOTION to Dismiss Counterclaim filed by Plaintiff Balboa Capital Corporation. Motion set for hearing on 12/28/2023 at 09:30 AM before Judge Kenly Kiya Kato. (Attachments: #1 Proposed Order BALBOA CAPITAL CORPORATIONS F.R.C.P. 12 MOTION TO DISMISS THE COUNTERCLAIM; MEMORANDUM OF POINTS AND AUTHORITIES) (Salisian, Neal) |
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Filing 29
REASSIGNMENT ORDER by Judge Kenly Kiya Kato: Please refer to the Order for complete details. (cbr)
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Filing 28
ORDER OF THE CHIEF JUDGE (#23-121) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Kenly Kiya Kato, this case is transferred from Judge Maame Ewusi-Mensah Frimpong to the calendar of Judge Kenly Kiya Kato for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:23-cv-00936-KK-DFMx. (rn)
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| Filing 27 21 DAY Summons Issued on Third Party Complaint, #23 as to Third Party Defendant Hologic, Inc. (yl) |
| Filing 26 21 DAY Summons Issued on #23 as to Third Party Defendant Cynosure, LLC. (yl) |
| Filing 25 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Third Party Complaint,, Counterclaim, #23 filed by defendants Malika Aryanpure, Mitt Lary Family Practice, LLC. (Adli, Dariush) |
| Filing 24 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Third Party Complaint,, Counterclaim, #23 filed by defendants Malika Aryanpure, Mitt Lary Family Practice, LLC. (Adli, Dariush) |
| Filing 23 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND , THIRD PARTY COMPLAINT against Cynosure, LLC, Hologic, Inc., COUNTERCLAIM against Balboa Capital Corporation filed by defendants Mitt Lary Family Practice, LLC, Malika Aryanpure.(Adli, Dariush) |
| Filing 22 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court is in receipt of the parties' joint response with regards to the status of Defendants' Motion to Dismiss (the Motion). ECF No. #21 . As the parties agree that the Motion is moot due to Plaintiff's dismissal of the Doe Defendants, the Court DENIES Defendants' Motion to Dismiss, ECF No. #10 , as MOOT. Defendants are ordered to respond to the Complaint within 21 days of the date of this Order. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 21 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #10 JOINT RESPONSE RE: MOTION TO DISMISS filed by Plaintiff Balboa Capital Corporation. (Salisian, Neal) |
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Filing 20
Order on Defendants' Motion to Dismiss [ECF No. #10 ] by Judge Maame Ewusi-Mensah Frimpong. In light of the fact that Defendants failed to meet and confer before filing this Motion, and that the Doe defendants are now dismissed, the Motion appears to be moot. The parties are ORDERED to meet and confer and file a joint response to this Order no later than Wednesday, October 11, 2023, at 5:00 p.m. as to why the Motion would not be moot. (See document for further details) (yl)
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| Filing 19 PROOF OF SERVICE Executed by Plaintiff Balboa Capital Corporation, upon Defendant Mitt Lary Family Practice, LLC served on 6/8/2023, answer due 6/29/2023. Service of the Summons and Complaint were executed upon MITT LARY FAMILY PRACTICE, AN ALABAMA LIMITED LIABILITY COMPANY in compliance with California Code of Civil Procedure by personal service (Salisian, Neal) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Balboa Capital Corporation, upon Defendant Malika Aryanpure served on 6/8/2023, answer due 6/29/2023. Service of the Summons and Complaint were executed upon Malika Aryanpure, an individual in compliance with California Code of Civil Procedure by personal service (Salisian, Neal) |
| Filing 17 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #10 filed by Defendants Malika Aryanpure, Mitt Lary Family Practice, LLC. (Adli, Dariush) |
| Filing 16 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #10 PLAINTIFF BALBOA CAPITAL CORPORATIONS OPPOSITION TO DEFENDANTS MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION PURSUANT TO FED. R. CIV. P. 12(b)(1) filed by Plaintiff Balboa Capital Corporation. (Attachments: #1 Declaration, #2 Proof of Service)(Salisian, Neal) |
| Filing 15 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. The Court is in receipt of the Motion to Dismiss (ECF No. #10 ) currently set for hearing on October 19, 2023. Pursuant to the Court's Standing Order, an opposition must be filed no later than 14 days after the filing of the initial motion. Plaintiff is hereby ORDERED to submit an opposition by September 22, 2023. Any reply must be submitted within 7 days of the opposition being filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 14 NOTICE OF DISMISSAL filed by plaintiff Balboa Capital Corporation pursuant to FRCP 41a(1) DOES 1 through 10, inclusive as to Does. (Salisian, Neal) |
| Filing 13 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong: The moving party has filed a motion for a date that has been closed by this Court. The Court hereby continues the Motion to Dismiss for Lack of Jurisdiction #10 to 10/19/2023 at 10:00 AM. Counsel shall take notice of this new date. Closed motion dates can be found on the Court;s website at http://www.cacd.uscourts.gov/honorable-maame-ewusi-mensah-frimpong. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) |
| Filing 12 NOTICE of Interested Parties filed by Defendant Malika Aryanpure, (Adli, Dariush) |
| Filing 11 CERTIFICATE of Interested Parties filed by Defendant Mitt Lary Family Practice, LLC, identifying Mitt Lary Family Practice, LLC. (Adli, Dariush) |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by defendants Malika Aryanpure, Mitt Lary Family Practice, LLC. Motion set for hearing on 8/3/2023 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: #1 Proposed Order) (Attorney Dariush G. Adli added to party Malika Aryanpure(pty:dft), Attorney Dariush G. Adli added to party Mitt Lary Family Practice, LLC(pty:dft)) (Adli, Dariush) |
| Filing 9 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong. This matter has been assigned to District Judge Maame Ewusi-Mensah Frimpong. The Court refers counsel to the Court's Initial Standing Order found on the Court's website under Judge Frimpong's Procedures and Schedules. Please read the Standing Order carefully. It is the responsibilities of the parties to maintain familiarly with the Standing Order and any future amendments that the Court may issue by periodically checking the Court's website for the operative version of the Standing Order. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Malika Aryanpure, Mitt Lary Family Practice, LLC. (et) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Maame Ewusi-Mensah Frimpong and Magistrate Judge Douglas F. McCormick. (et) |
| Filing 4 *CERTIFICATION AND NOTICE* FILED AS COMPLAINT with filing fee previously paid (402 paid on 05/26/2023, receipt number 35390538), filed by Plaintiff BALBOA CAPITAL CORPORATION, a California Corporation.(Salisian, Neal) Modified on 5/30/2023 (et). |
| Filing 3 *REQUEST FOR SUMMONS* FILED AS COMPLAINT with filing fee previously paid (402 paid on 05/26/2023, receipt number 35390538), filed by Plaintiff BALBOA CAPITAL CORPORATION, a California Corporation.(Salisian, Neal) Modified on 5/30/2023 (et). |
| Filing 2 *CIVIL COVER SHEET* FILED AS COMPLAINT with filing fee previously paid (402 paid on 05/26/2023, receipt number 35390538), filed by Plaintiff BALBOA CAPITAL CORPORATION, a California Corporation.(Salisian, Neal) Modified on 5/30/2023 (et). |
| Filing 1 COMPLAINT Receipt No: ACACDC-35390538 - Fee: $402, filed by Balboa Capital Corporation BALBOA CAPITAL CORPORATION, a California Corporation. (Attachments: #1 Exhibit Exhibit A) (Attorney Neal S Salisian added to party BALBOA CAPITAL CORPORATION, a California Corporation(pty:pla))(Salisian, Neal) |
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