Wellness Coaches USA, LLC v. MGM Resorts International et al
| Wellness Coaches USA, LLC |
| MGM Resorts International and Life Time Fitness, Inc. |
| 2:2015cv01593 |
| August 19, 2015 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Jennifer A Dorsey |
| Carl W Hoffman |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 9, 2016. A more recent docket listing may be available from PACER.
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Filing 43
ORDER Granting #42 Stipulation of Dismissal with prejudice, each side to bear its own fees and costs. The preliminary injunction 23 is hereby dissolved. Signed by Judge Jennifer A. Dorsey on 5/9/16. (Copies have been distributed pursuant to the NEF - PS)
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| Filing 42 STIPULATION of Dismissal by Plaintiff Wellness Coaches USA, LLC. (Goodman, Ross) |
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Filing 41
SCHEDULING ORDER. Discovery due by 6/6/2016. Dispositive Motions due by 7/6/2016. Proposed Joint Pretrial Order due by 8/5/2016. Signed by Magistrate Judge Carl W. Hoffman on 12/9/15. (Copies have been distributed pursuant to the NEF - PS)
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| Filing 40 MINUTES OF PROCEEDINGS - Hearing re: #34 Proposed Discovery Plan/Scheduling Order held on 12/9/2015 before Magistrate Judge Carl W. Hoffman. Crtrm Administrator: Donna Smith; Pla Counsel: Ross Goodman, David Walton (telephonic); Def Counsel: Miles Clark, Scott Stewart, Molly Rezac (telephonic), Todd Bice (telephonic); Court Reporter/FTR #: 2:30-2:41; Time of Hearing: 2:30-2:41 PM; Courtroom: 3C; The Court reminds the parties of their obligation to meet and confer, and discusses the #34 proposed discovery plan/scheduling order with the parties. The parties shall file a stipulation/proposed order dismissing LTF as a party. The Court will enter the standard order regarding discovery. (no image attached) (Copies have been distributed pursuant to the NEF - DES) |
| Filing 39 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carl W. Hoffman, on 12/9/2015. Granting #37 Stipulation. The parties who are appearing by telephone are instructed to call telephone number: (888) 808-6929, access code: 8129639#, 5 minutes before the hearing time. The Court will join the call and convene the proceedings. The call must be made on a land line. The use of a cell phone or speaker phone during the proceedings is prohibited. (Copies have been distributed pursuant to the NEF - LAA) |
| Filing 38 RESPONSE to #34 Proposed Discovery Plan/Scheduling Order; filed by Defendant MGM Resorts International. (Bice, Todd) |
| Filing 37 STIPULATION for Telephonic Appearance re 35 Minute Order Setting Hearing; filed by Defendant MGM Resorts International. (Bice, Todd) |
| Filing 36 NOTICE of Appearance; filed by Defendant MGM Resorts International. (Bice, Todd) |
| Filing 35 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carl W. Hoffman, on 12/2/2015. A Hearing re: the #34 Proposed Discovery Plan/Scheduling Order is set for December 9, 2015, at 2:30 PM in LV Courtroom 3C before Magistrate Judge Carl W. Hoffman.(no image attached) (Copies have been distributed pursuant to the NEF - DES) |
| Filing 34 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Wellness Coaches USA, LLC . (Goodman, Ross) |
| Filing 33 TRANSCRIPT of Proceedings, 23 Order on Motion for Preliminary Injunction, #8 ,,,, Motion Hearing,,,, held on September 18, 2015, before Judge Jennifer A. Dorsey. Court Reporter: Kathy Eismann, 702-431-1919. Transcript may be viewed at the court public terminal or purchased through the Court Reporter using the court's Transcript Order form available on our website, at www.nvd.uscourts.gov, before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/23/2015. Redacted Transcript Deadline set for 12/3/2015. Release of Transcript Restriction set for 1/31/2016. (KE) |
| Filing 32 ANSWER to #1 Complaint, filed by Life Time Fitness, Inc..(Rezac, Molly) |
| Filing 31 CERTIFICATE of Interested Parties filed by MGM Resorts International. There are no known interested parties other than those participating in the case . (Bice, Todd) |
| Filing 30 ANSWER to #1 Complaint filed by MGM Resorts International. Certificate of Interested Parties due by 10/19/2015. Discovery Plan/Scheduling Order due by 11/23/2015.(Bice, Todd) |
| Filing 29 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carl W. Hoffman, on 10/2/2015. In light of #25 Certificate of Cash Deposit, IT IS ORDERED that #19 Motion for Demand for Security of Costs is DENIED as moot. (Copies have been distributed pursuant to the NEF - LAH) |
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Filing 28
ORDER Granting Plaintiff's #24 Motion to Seal Exhibit A of #22 Plaintiff's Reply to Response to Motion for a Preliminary Injunction. Signed by Judge Jennifer A. Dorsey on 10/1/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing 27
ORDER Granting #26 Stipulation to Extend Time to Respond to #1 Complaint. Life Time Fitness, Inc. answer due 10/21/2015. Signed by Judge Jennifer A. Dorsey on 9/30/2015. (Copies have been distributed pursuant to the NEF - DC)
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| Filing 26 STIPULATION FOR EXTENSION OF TIME (Second Request) for Defendant Life Time Fitness, Inc., to Respond to Complaint by Defendant Life Time Fitness, Inc. (Rezac, Molly) |
| Filing 25 CERTIFICATE of Cash Deposit as to Wellness Coaches USA: $ 500.00, receipt number NVLAS037270 as to #19 Pending Motion. (Attachments: #1 Receipt) (PS) |
| Filing 24 MOTION to Seal #22 Reply to Response to Motion by Plaintiff Wellness Coaches USA, LLC. (Attachments: #1 Proposed Order)(Goodman, Ross) |
| Filing 23 MINUTES OF PROCEEDINGS - Motion Hearing held on 9/18/2015 before Judge Jennifer A. Dorsey. Crtrm Administrator: D. Sherwood; Pla Counsel: David Walton, Ross Goodman; Def Counsel: Todd Bice, Miles Clark, Molly Rezac; Court Reporter/FTR #: Katherine Eismann; Time of Hearing: 9:00 a.m.; Courtroom: 6D; The Court advises counsel Miles Clark is a former law clerk, but the Court does not see that as a basis to recuse. The Court makes preliminary remarks. The Court hears the arguments of Mr. Walton, Mr. Bice and Ms. Rezac. The Court places detailed findings of fact on the record and finds as follows: IT IS ORDERED #8 Plaintiff's Motion for Preliminary Injunction is GRANTED in part and DENIED in part. The Court extends the TRO into a Preliminary Injunction as against Defendant Life Time Fitness, Inc. The Court does not extend the TRO into a preliminary injunction as against Defendant MGM Resorts International. The bond will remain in effect. The Court will not enter a separate Order and the transcript of this hearing will serve as the Court's findings. (Copies have been distributed pursuant to the NEF - DMS) |
| Filing 22 REPLY to Response to #8 Motion for Preliminary Injunction filed by Plaintiff Wellness Coaches USA, LLC. (Attachments: #1 Exhibit A)(Goodman, Ross) |
| Filing 21 CERTIFICATE of Interested Parties filed by Wellness Coaches USA, LLC. There are no known interested parties other than those participating in the case . (Goodman, Ross) |
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Filing 20
ORDER on #18 Stipulation for Extension of Time for Defendant Life Time Fitness, Inc. to Respond to Complaint (First Request). Life Time Fitness, Inc. answer due 9/30/2015. Signed by Magistrate Judge Carl W. Hoffman on 9/15/15. (Copies have been distributed pursuant to the NEF - PS)
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| Filing 19 NOTICE MOTION of Demand for Security of Costs by Defendant MGM Resorts International. (Bice, Todd) Modified event on 9/15/2015 (EDS). |
| Filing 18 STIPULATION FOR EXTENSION OF TIME (First Request) re #1 Complaint, by Defendant Life Time Fitness, Inc. (Rezac, Molly) |
| Filing 17 RESPONSE to #8 Motion for Preliminary Injunction, filed by Defendant MGM Resorts International. Replies due by 9/19/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bice, Todd) |
| Filing 16 RESPONSE to #8 Motion for Preliminary Injunction, filed by Defendant Life Time Fitness, Inc. Replies due by 9/19/2015. (Martin, Anthony) |
| Filing 15 SUMMONS Returned Executed by Wellness Coaches USA, LLC re #1 Complaint,. Life Time Fitness, Inc. served on 8/21/2015, answer due 9/11/2015. (Goodman, Ross) |
| Filing 14 CERTIFICATE of Cash Deposit as to Wellness Coaches USA: $ 1,000.00, receipt number NVLAS036699 (Attachments: #1 Receipt) (PS) |
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Filing 13
ORDER Granting in part WCUSA's #7 Motion for Temporary Restraining Order. IT IS FURTHER ORDERED under FRCP 65(c) that WCUSA must immediately post a bond in the amount of $1,000 to recompense defendants if it is later determined that they have been wrongfully restrained. IT IS FURTHER ORDERED that WCUSA's #8 Motion for Preliminary Injunction will be heard on 9/18/2015 at 9:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Defendants have until 9/9/2015, to respond to that motion. Plaintiff has until 9/15/2015, to file any reply. Signed by Judge Jennifer A. Dorsey on 9/1/15. (Copies have been distributed pursuant to the NEF - PS)
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| Filing 12 RESPONSE to #7 Motion for TRO, filed by Defendant MGM Resorts International. Replies due by 9/7/2015. (Bice, Todd) |
| Filing 11 DECLARATION of Ross C. Goodman Esq. re #7 Motion for TRO, #8 Motion for Preliminary Injunction ; by Plaintiff Wellness Coaches USA, LLC. (Attachments: #1 Exhibit 1-5)(Goodman, Ross) |
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Filing 10
ORDER Granting #5 Verified Petition for Permission to Practice Pro Hac Vice for Attorney David J. Walton for Wellness Coaches USA, LLC and approving Designation of Local Counsel Ross Goodman. Signed by Judge Jennifer A. Dorsey on 8/25/15. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - PS)
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Filing 9
ORDER Granting #6 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Philip Kircher for Wellness Coaches USA, LLC and approving Designation of Local Counsel Ross Goodman. Signed by Judge Jennifer A. Dorsey on 8/25/15. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - PS)
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| Filing 8 MOTION for Preliminary Injunction by Plaintiff Wellness Coaches USA, LLC. Responses due by 9/11/2015. (Attachments: #1 Declaration Ashley Mantle, #2 Declaration Rob Putnam, #3 Proposed Order)(Goodman, Ross) |
| Filing 7 MOTION for Temporary Restraining Order by Plaintiff Wellness Coaches USA, LLC. (Attachments: #1 Declaration Ashley Mantle, #2 Declaration Rob Putnam, #3 Proposed Order)(Goodman, Ross) |
| Filing 6 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Philip G. Kircher and DESIGNATION of Local Counsel Ross C. Goodman (Filing fee $ 250 receipt number 0978-3790354) filed by Plaintiff Wellness Coaches USA, LLC . (Goodman, Ross) |
| Filing 5 VERIFIED PETITION for Permission to Practice Pro Hac Vice by David J. Walton and DESIGNATION of Local Counsel Ross C. Goodman (Filing fee $ 250 receipt number 0978-3790343) filed by Plaintiff Wellness Coaches USA, LLC . (Goodman, Ross) |
| Filing 4 SUMMONS Returned Executed by Wellness Coaches USA, LLC re #1 Complaint,. MGM Resorts International served on 8/21/2015, answer due 9/11/2015. (Goodman, Ross) |
| Filing 3 Summons Issued as to Life Time Fitness, Inc. and MGM Resorts International re #1 Complaint. (PS) |
| Filing 2 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take three (3) days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (PS) |
| Filing 1 COMPLAINT against Life Time Fitness, Inc., MGM Resorts International (Filing fee $400 receipt number 0978-3784464), filed by Wellness Coaches USA, LLC. Certificate of Interested Parties due by 8/29/2015. Proof of service due by 12/17/2015. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1-8, #3 Summons MGM Resorts International, #4 Summons Life Time Fitness, Inc.) (Goodman, Ross) |
| Case assigned to Judge Jennifer A. Dorsey and Magistrate Judge Carl W. Hoffman. (PS) |
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