Montano et al v. Venturis Therapeutics, Inc.,
| Venturis Therapeutics, Inc., and CardioVascular BioTherapeutics, Inc. |
| Daniel C. Montano and John W Jacobs |
| 2:2020cv01410 |
| July 29, 2020 |
| US District Court for the District of Nevada |
| Gloria M Navarro |
| Brenda Weksler |
| Other Statutory Actions |
| 09 U.S.C. § 1 |
| None |
Docket Report
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This docket was last retrieved on November 3, 2021. A more recent docket listing may be available from PACER.
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| Filing 31 MINUTES OF PROCEEDINGS - Status Conference held on 11/3/2021 before Magistrate Judge Brenda Weksler. Crtrm Administrator: Jeff Miller; Pla Counsel: Daniel Foley, Esq.; Time of Hearing: 11:00am; Electronic Court Recorder Operator: Liberty/CRD; Recording start and end times: 11:00:51 - 11:09:36; Courtroom: 3D; Due to ongoing concerns for health and safety during the Covid-19 pandemic, all parties appear via videoconference at these proceedings. Robert Schleizer, Chief Financial Officer for Venturis Therapeutics, Inc. and Jon Ross, Director for Venturis Therapeutics Inc. are present. The Court asks why Venturis has not complied with it's previous Orders and hears remarks from Mr. Ross. Mr. Ross represents that discovery materials have been produced to Mr. Foley. The Court hears representations from Mr. Foley as to the discovery production. The Court finds that it's Orders to Show Cause have been satisfied. IT IS ORDERED: The parties shall meet and confer within one week from today's date to to determine reasonable attorneys fees for Mr. Foley having to file Motion to Compel #21 and for his appearances in court on 8/17/2021, 9/28/2021, and today, IT IS FURTHER ORDERED: Mr. Ross has 30 days from today's date to fully comply with the Motion to Compel and provide signed discovery documents, all requested bank records, and all remaining unproduced discovery that was granted by the Court. Mr. Ross informs the Court that they intend to retain counsel and asks if they may make legitimate objections to the discovery production and the Court denies the request as Plaintiff's Counsel filed a Motion to Compel #21 and it remained unopposed until the Court granted it at Minutes of Proceedings 25 . The Court will not award any additional sanctions. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 30 NOTICE re Representation Services from CT Corporation System. (MR) |
| Filing 29 CERTIFICATE OF SERVICE for 28 Status Conference,,,,,,, by Counter Claimant John W Jacobs. (Foley, Daniel) |
| Filing 28 MINUTES OF PROCEEDINGS - Status Conference held on 9/28/2021 before Magistrate Judge Brenda Weksler. Crtrm Administrator: Jeff Miller; Pla Counsel: Daniel Foley, Esq.; Def Counsel: none appearing; Time of Hearing: 11:00am; Electronic Court Recorder Operator: Liberty/CRD; Recording start and end times: 11:04:16 - 11:10:08; Courtroom: 3D; Due to ongoing concerns for health and safety during the Covid-19 pandemic, Plaintiff's Counsel appears via videoconference at these proceedings. The Court summarizes it's previous hearing and Order. Mr. Foley has not heard from any representative of Venturis Therapeutics, Inc, and no representative has appeared at these proceedings. IT IS ORDERED: The Court will issue an Order to Show Cause against Venturis Therapeutics, Inc, Calvin Wallen III, and John Ross for their failure to appear at these proceedings, IT IS ORDERED: The Court will issue an Order to Show Cause against Venturis Therapeutics, Inc, Calvin Wallen III, and John Ross for their failure to comply with the Court's previous Order regarding Motion to Compel #21 . Responses to these Orders to Show Cause will be due within 15 days from today's date. Full compliance with the Court's previous Order regarding Motion to Compel #21 will satisfy these Orders to Show Cause. Plaintiff's Counsel is directed to serve this Order upon Venturis Therapeutics, Inc. as he has done previously. Status Conference set for 11/3/2021 at 11:00 AM in LV Courtroom 3B before Magistrate Judge Brenda Weksler. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 27 NOTICE of change of address by John W Jacobs. (Foley, Daniel) |
| Filing 26 CERTIFICATE OF SERVICE for 25 Order on Motion to Compel,,,,,,, Motion Hearing,,,,,, by Counter Claimant Daniel C. Montano. (Foley, Daniel) |
| Filing 25 MINUTES OF PROCEEDINGS - Motion Hearing held on 8/17/2021 before Magistrate Judge Brenda Weksler. Crtrm Administrator: Jeff Miller; Pla Counsel: Daniel Foley, Esq.; Def Counsel: none appearing; Time of Hearing: 10:00am; Electronic Court Recorder Operator: Liberty/ECRO; Recording start and end times: 10:02:47 - 10:08:23; Courtroom: 3B; Due to ongoing concerns for health and safety during the Covid-19 pandemic, all parties appear via videoconference at these proceedings. Mr. Foley has not heard from the Defendant or anyone claiming to represent the Defendant. Before the Court is Plaintiff's Motion to Compel #21 , which is unopposed. The Court hears remarks from Mr. Foley. IT IS ORDERED: Plaintiff's Motion to Compel #21 is GRANTED. Defendants are directed to comply within 30 days from today's date. IT IS ORDERED: Status Conference set for 9/28/2021 at 11:00 AM before Magistrate Judge Brenda Weksler via Zoom Videoconference and in a courtroom to be determined. Any party wishing to appear via Zoom Videoconference should contact this Court's Courtroom Administrator Jeff Miller by no later than 9/27/2021 to make arrangements. A representative for the Defendant Venturis Therapeutics, Inc. is ORDERED TO BE PRESENT at these proceedings as the Court intends to ensure compliance with it's Order. Mr. Foley is directed to serve these Minutes of Proceedings on Defendant Venturis Therapeutics Inc. at the addresses he is aware of. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 24 NOTICE Certificate of Mailing by John W Jacobs, Daniel C. Montano. (Foley, Daniel) |
Filing 23
ORDER Granting #20 Motion to Withdraw as Attorney. Matthew L. Johnson withdrawn from the case. Signed by Magistrate Judge Brenda Weksler on 7/16/2021. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 22 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 7/16/2021. Regarding #21 Motion to Compel: Motion Hearing set for 8/17/2021 at 10:00 AM in LV Courtroom 3B by Zoom videoconference before Magistrate Judge Brenda Weksler. To receive a Zoom invitation, counsel or the parties must contact courtroom administrator Jeff Miller at jeff_miller@nvd.uscourts.gov no later than noon on the day prior to the hearing and no sooner than one week prior to the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - DCh) |
| Filing 21 MOTION to Compel to Respond to Post Judgment Discovery by Counter Claimants John W Jacobs, Daniel C. Montano. Responses due by 7/26/2021. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) (Foley, Daniel) |
| Filing 20 MOTION to Withdraw as Attorney by Matthew L. Johnson for Counter Defendant Venturis Therapeutics, Inc.,. (Johnson, Matthew) |
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Filing 19
ORDER Granting #17 Motion to Withdraw as Attorney. Barry Cannaday withdrawn from the case. Signed by Magistrate Judge Brenda Weksler on 4/15/2021. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 18 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #17 was not filed pursuant to LR IC 5-1(b). Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. (no image attached) (DKJ) |
| Filing 17 MOTION to Withdraw as Attorney by Barry F. Cannaday for Counter Defendant Venturis Therapeutics, Inc.,. (Johnson, Matthew) |
| Filing 16 NOTICE Clerks Certification Of Order Confirming Arbitration Award To Be Registered In Another District by John W Jacobs, Daniel C. Montano re #13 Order on Unopposed Motion,,,. (Attachments: #1 Exhibit Exhibit 1) (Foley, Daniel) |
| Filing 15 NOTICE Clerks Certification Of Order Confirming Arbitration Award To Be Registered In Another District by John W Jacobs, Daniel C. Montano re #13 Order on Unopposed Motion,,,. (Attachments: #1 Exhibit Exhibit 1) (Foley, Daniel) |
| Filing 14 CLERK'S JUDGMENT the Court vacates $50,000.00 of the arbitral award to Montano. The remaining $850,000.00 awarded to Montano is confirmed and due immediately. Signed by Clerk of Court Debra K. Kempi on 1/25/2021. (Copies have been distributed pursuant to the NEF - MR) |
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Filing 13
ORDER. IT IS HEREBY ORDERED that #5 the Partial Motion to Vacate the Arbitration Award is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that #1 the Motion for Confirmation of Arbitration Award is GRANTED in part and DENIED in part. The Clerk of Court shall enter judgment and close the case. Signed by Judge Gloria M. Navarro on 1/25/2021. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 12 DECLARATION of Barry F. Cannaday re #11 Reply by Counter Defendant Venturis Therapeutics, Inc.,. (Johnson, Matthew) |
| Filing 11 REPLY to #9 Reply by Counter Defendant Venturis Therapeutics, Inc.,. (Johnson, Matthew) |
| Filing 10 AFFIDAVIT re #9 Reply to #5 Response to #1 Unopposed Motion by Counter Claimant Daniel C. Montano. (Foley, Daniel) Modified on 8/25/2020 to add document link (MMM). |
| Filing 9 REPLY to #5 Response to #1 Unopposed Motion by Counter Claimant Daniel C. Montano. (Foley, Daniel) Modified on 8/25/2020 to add document link (MMM). |
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Filing 8
ORDER Granting #7 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Barry Cannaday for Venturis Therapeutics, Inc., and approving Designation of Local Counsel Matthew L. Johnson. Signed by Judge Gloria M. Navarro on 8/18/2020. 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 - MR)
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| Filing 7 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Barry F. Cannaday and DESIGNATION of Local Counsel Matthew L. Johnson (Filing fee $ 250 receipt number 0978-6131631) by Counter Defendant Venturis Therapeutics, Inc.,. (Johnson, Matthew) |
| Filing 6 DECLARATION of Barry F. Cannaday re #5 Response by Counter Defendant Venturis 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 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13) (Johnson, Matthew) |
| Filing 5 RESPONSE to #1 Unopposed Motion by Counter Defendant Venturis Therapeutics, Inc.,. Replies due by 8/24/2020. (Johnson, Matthew) |
| Filing 4 RECEIPT of Payment: $400.00, receipt number NVLAS071376. (MR) |
| Filing 3 AFFIDAVIT of Service re #1 Unopposed Motion by Counter Claimant Daniel C. Montano. (Foley, Daniel) |
| Filing 2 CLERK'S NOTICE. Attorney Action Required to ECF No. #1 . Attorney Daniel T. Foley opened a civil case improperly and did not pay the required filing fee. Counsel is advised to submit the required filing fee. (no image attached) (DKJ) |
| Filing 1 UNOPPOSED MOTION Confirmation of Arbitration Award by Counter Claimants John W Jacobs, Daniel C. Montano. (Foley, Daniel) |
| Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Brenda Weksler. (DKJ) |
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