Muderis et al v. Hernandez et al
| Munjed Al Muderis and Individual and doing business as Osseointegration Group of Australia and Osseointegration International PTY LTD. |
| Fred Hernandez, Amputek, Inc. and Osseotek, Inc. |
| 2:2022cv00876 |
| June 1, 2022 |
| U.S. District Court for the District of Nevada |
| Nancy J Koppe |
| Gloria M Navarro |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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Filing 25
CERTIFICATE of Interested Parties by Fred Hernandez. There are no known interested parties other than those participating in the case (Treffinger, Timothy)
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Filing 24
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 7/26/2022. Each non-governmental party is required to file a certificate of interested parties concurrently with its first appearance in a case. Fed. R. Civ. P. 7.1(b)(1); Local Rule 7.1-1(c). Defendant Hernandez failed to file a certificate of interested parties. Accordingly, Defendant Hernandez must file a certificate of interested parties no later than July 29, 2022. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - TM)
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Filing 22
Exhibit List re: 21 Plaintiffs' Motion for Preliminary Injunction Hearing. (NEV)
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Filing 21
MINUTES OF PROCEEDINGS - Preliminary Injunction Hearing held on 7/25/2022 before Judge Gloria M. Navarro. Crtrm Administrator: NEV; Pla Counsel: Joel Schwarz, Esq.; Def Counsel: Timothy Treffinger, Esq.; Electronic Court Recorder Operator: Araceli Bareng; Recording start and end times: 11:13 a.m. - 12:45 p.m.; Courtroom: 7D.Plaintiffs' counsel, Defense counsel, and Defendant Fred Hernandez are present in the courtroom. Daniel Warner, Esq. and Plaintiffs' witness, Nikki Grace-Strader, are appearing via videoconference. The Court makes preliminary statements and hears arguments from counsel as to Plaintiffs' #8 Ex Parte Motion for Order to Show Cause Regarding Issuance of Preliminary Injunction. Witnesses: Nikki Grace-Strader and Fred Hernandez. Exhibits 1-14 and 16-17 are stipulated by the parties. Closing arguments presented. IT IS HEREBY ORDERED that #8 Plaintiffs' Motion for Preliminary Injunction is GRANTED. Defendants Fred Hernandez, Amputek, Inc., and Osseotek, Inc. and any officer, director, shareholder, employee, contractor, servant, or agent of any such Defendant, are hereby enjoined from, directly or indirectly:(1) Transferring, concealing, withdrawing, or otherwise disposing of any assets, property, or funds that they control or possess; (2) Opening or closing accounts; (3) Opening or accessing safe deposit boxes or rental storage units; and (4) Opening or creating new entities or trusts without first obtaining permission from the Court.This Preliminary Injunctive Order is in effect today and the bond remains the same. The Court adjourns. (Copies have been distributed pursuant to the NEF - NEV)
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Filing 20
ANSWER to #1 Complaint,, filed by Fred Hernandez. Discovery Plan/Scheduling Order due by 9/8/2022.(Treffinger, Timothy) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Filing 19
REPLY to Response to #8 Motion for Order to Show Cause, by Plaintiffs Munjed Al Muderis, Osseointegration International PTY LTD.. (Schwarz, Joel)
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Filing 18
CERTIFICATE of Compliance re 9 Order on Ex Parte Motion,,,,,, Set/Reset Deadlines & Hearings,, by Munjed Al Muderis, Osseointegration International PTY LTD. Notice of Compliance (Posting TRO Bond). (Schwarz, Joel)
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Filing 23
CERTIFICATE of Cash Deposit as to Joel Schwarz, Hone Law: $ 100.00, receipt number NVLAS081932 Re 9 Order. (JQC)
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Filing 17
RESPONSE to #8 Motion for Order to Show Cause, by Defendant Fred Hernandez. Replies due by 7/13/2022. (Attachments: #1 Exhibit Exhibit A: Declaration of Fred Hernandez, #2 Exhibit Exhibit B: Amputek Filing Details, #3 Exhibit Exhibit C: Dissolution Amputek, #4 Errata Exhibit D: USPTO Notification)(Treffinger, Timothy)
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Filing 16
SUMMONS Returned Executed by Osseointegration International PTY LTD., Munjed Al Muderis re #4 Summons Issued. Fred Hernandez served on 6/24/2022. (Schwarz, Joel)
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Filing 15
SUMMONS Returned Executed by Osseointegration International PTY LTD., Munjed Al Muderis re #4 Summons Issued. Amputek, Inc. served on 6/24/2022. (Schwarz, Joel)
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Filing 14
SUMMONS Returned Executed by Osseointegration International PTY LTD., Munjed Al Muderis re #4 Summons Issued. Osseotek, Inc. served on 6/24/2022. (Schwarz, Joel) Modified date served on 7/3/2022 (SLD).
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Filing 13
ORDER Granting #10 Stipulation to Continue #8 Motion. Responses due by 7/6/2022. Replies due by 7/13/2022. Motion Hearing set for 7/25/2022 at 11:00 AM. Signed by Judge Gloria M. Navarro on 6/30/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 12
NOTICE of Corrected Image/Document re #10 Stipulation by Defendant Fred Hernandez. (Service of corrected image is attached.) (Treffinger, Timothy)
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Filing 11
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 6/29/2022. Pending before the Court is the #10 Stipulation to Continue, requesting that the Court reschedule the July 6, 2022, preliminary injunction hearing for at least two weeks. However, the signature for Plaintiffs' counsel on page 2 is not in compliance with LR IC 5-1(a), which provides the requirements for electronic signatures. Accordingly, IT IS HEREBY ORDERED that the Court DEFERS ruling on the #10 Motion. The parties shall have until July 1, 2022, to file a corrected stipulation using the "Notice of Corrected Image/Document" event.(Copies have been distributed pursuant to the NEF - KB)
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Filing 10
VIEW Corrected Image #12 re: STIPULATION TO CONTINUE (First Request) Motion of Plaintiff's Injunction re #6 Ex Parte Motion, #8 Motion for Order to Show Cause, by Defendant Fred Hernandez. (Treffinger, Timothy) Modified on 6/30/2022 (SLD).
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Filing 8
Ex Parte MOTION for Order to Show Cause, Ex Parte Motion for Temporary Restraining Order and Order to Show Cause Regarding Issuance of Preliminary Injunction by Plaintiffs Munjed Al Muderis, Osseointegration International PTY LTD. Responses due by 6/27/2022. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4) (Schwarz, Joel) Modified on 6/14/2022 (SLD).
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Filing 7
CLERK'S NOTICE. Attorney Action Required to ECF No. #6 . Document was not filed pursuant to LR IC 2-2(b). For each type of relief requested or purpose, a separate document must be filed.Attorney Joel Z. Schwarz is advised to refile ECF No. #6 as a Motion for Order to Show Cause using the same PDF image and the document event Motion Order to Show Cause to be in compliance with LR IC 2-2(b) and LR IC 2-2(c) by filing a separate document for each request or purpose. Do not refile it as a Motion for Restraining Order. (no image attached) (SLD)
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Filing 6
EX PARTE MOTION For Temporary Restraining Order And Order To Show Cause Regarding Issuance Of Preliminary Injunction re #1 Complaint, by Plaintiffs Munjed Al Muderis, Osseointegration International PTY LTD.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Schwarz, Joel)
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Filing 5
First AMENDED COMPLAINT with Jury Demand against Osseointegration International PTY LTD., Munjed Al Muderis by Osseointegration International PTY LTD., Munjed Al Muderis. No changes to parties. (Attachments: #1 Exhibit) (Schwarz, Joel)
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Filing 4
SUMMONS ISSUED as to Amputek, Inc., Fred Hernandez, Osseotek, Inc. re #1 Complaint. (Attachments: #1 Summons issued as to Fred Hernandez, #2 Summons issued as to Osseotek, Inc.) (EDS)
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Filing 3
STANDING ORDER. This case has been assigned to the Honorable Judge Gloria M. Navarro. Judge Navarro's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - EDS)
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Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Nancy J. Koppe. (EDS)
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Filing 2
CERTIFICATE of Interested Parties by MUNJED AL MUDERIS, Osseointegration International PTY LTD. that identifies all parties that have an interest in the outcome of this case. (Schwarz, Joel)
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Filing 1
COMPLAINT against All Plaintiffs (Filing fee $402) by Osseointegration International PTY LTD., MUNJED AL MUDERIS. Proof of service due by 8/30/2022. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit) (Schwarz, Joel) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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