Mind Medicine (Mindmed) Inc., a British Columbia Corporation v. Freeman et al
| Mind Medicine (Mindmed) Inc., a British Columbia Corporation and Mind Medicine (Mindmed) Inc. |
| Scott Freeman, FCM MM Holdings, LLC, a Wyoming Limited Liability Company and FCM MM Holdings, LLC |
| 2:2023cv01354 |
| August 30, 2023 |
| US District Court for the District of Nevada |
| Miranda M Du |
| Elayna J Youchah |
| Contract: Other |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| Defendant |
Docket Report
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| Filing 73 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 10/27/2023. Good cause appearing, the Court grants Defendant Scott Freeman's motion for leave to exceed the page limit on his anti-SLAPP special motion to dismiss (ECF No. #72 ). (Copies have been distributed pursuant to the NEF - NYL) |
| Filing 72 MOTION for Leave to File Excess Pages by Defendant Scott Freeman. Responses due by 11/9/2023. (Attachments: #1 Exhibit 1)(Smith, Abraham) (dispositive) |
| Filing 70 NOTICE of Appearance by attorney Gabriel Aaron Blumberg on behalf of Plaintiff Mind Medicine (Mindmed) Inc.. (Blumberg, Gabriel) |
| Filing 69 NOTICE of Appearance by attorney Justin James Bustos on behalf of Plaintiff Mind Medicine (Mindmed) Inc.. Gabriel A. Blumberg (Bustos, Justin) |
Filing 71
ORDER denying #66 Motion to Seal. IT IS FURTHER ORDERED that the parties must meet and confer regarding the documents and/or information sought to be sealed. If agreement can be reached, the parties must file a stipulation to seal. If agreement cannot be reached, the parties must file a single notice and request for ruling in which each document or piece of information is identified and the parties relative positions are succinctly discussed. IT IS FURTHER ORDERED that the stipulation or notice and request for ruling must be filed no later than November 22, 2023. Signed by Magistrate Judge Elayna J. Youchah on 10/21/2023. (Copies have been distributed pursuant to the NEF - CAH)
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| Filing 66 MOTION to Seal Document by Defendant Scott Freeman. Responses due by 11/3/2023. (Smith, Abraham) |
| Filing 65 CERTIFICATE of Interested Parties by Mind Medicine (Mindmed) Inc.. There are no known interested parties other than those participating in the case. (Bustos, Justin) |
| Filing 64 NOTICE of Corrected Image/Document re #63 Motion to Stay Case or Discovery by Defendant FCM MM Holdings, LLC. (Service of corrected image is attached.). (Attachments: #1 Exhibit A)(Cassity, Robert) |
| Filing 63 View Corrected Image #64 as to MOTION to Stay Discovery re #16 Motion to Dismiss, by Defendant FCM MM Holdings, LLC. Responses due by 11/3/2023. (Attachments: #1 Exhibit A)(DeVoy, James) Modified on 10/20/2023 (EDS). |
| Filing 62 NOTICE of Corrected Image/Document re 46 Order on Motion for Leave to File Excess Pages,, Minute Order, #45 Reply by Defendant FCM MM Holdings, LLC. (Service of corrected image is attached.). (Attachments: #1 Exhibit A, #2 Exhibit B)(Cassity, Robert) |
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Filing 61
ORDER Denying as Moot #49 Motion to Seal. IT IS FURTHER ORDERED that the parties must meet and confer, in earnest, no later than October 24, 2023 to discuss what, if any, agreement can be reached regarding what documents should remain sealed. This is not a matter of who prevails on dispositive motion practice; rather, the meet and confer must work toward the goal of limiting or eliminating the extent of the dispute the Court must resolve. IT IS FURTHER ORDERED that to the extent the parties cannot reach agreement on sealing documents, Defendant Freeman must file his motion in support of sealing documents no later than November 1, 2023. Plaintiff's response is due no later than November 15, 2023, and Defendant Freeman's reply is due no later than November 22, 2023. Meet and Confer due by 10/24/2023. Signed by Magistrate Judge Elayna J. Youchah on 10/17/2023. (Copies have been distributed pursuant to the NEF - RGDG)
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| Filing 60 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 10/17/2023. The Court denies Defendant Scott Freeman's motion for leave to exceed the page limit (ECF No. #48 ) because Defendant failed to demonstrate good cause to support exceeding the 24-page limit on the length of a motion to dismiss by 49 pages. Moreover, the Court reminds the parties that LR 7-3(c) requires filing the motion to exceed the page limit on the length of a brief before the motion is due. For this reason, Defendant's motions to dismiss (ECF Nos. 50 , 55 (the two motions are identical)) are denied without prejudice to Defendant refiling a motion to exceed the page limit that complies with LR 7-3(c) and a motion to dismiss. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 49 MOTION to Seal Document by Defendant Scott Freeman. Responses due by 10/30/2023. (Smith, Abraham) |
| Filing 48 MOTION for Leave to File Excess Pages by Defendant Scott Freeman. Responses due by 10/30/2023. (Smith, Abraham) (dispositive) |
| Filing 47 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 10/16/2023. By Judicial Assistant: E. Santiago.Pending before the Court is the Joint Discovery Plan and Scheduling Order (ECF No. #43 ). FMC MM Holdings LLC ("FMC") seeks a one year discovery period, together with the attendant dates, based on pending motion practice. FMC says they intend to file a motion to stay discovery. Until such a motion to stay is filed, the Court adopts Plaintiff's proposed plan.Accordingly, IT IS HEREBY ORDERED that the Joint Discovery Plan and Scheduling Order (ECF No. #43 ) is GRANTED as follows:Discovery deadline: June 17, 2024Deadline to amend pleadings and add parties: March 19, 2024Deadline to disclose initial expert disclosures: April 18, 2024Deadline to disclose rebuttal expert disclosures: May 20, 2024Deadline to file dispositive motions: July 17, 2024Deadline to file Joint Pretrial Order: August 16, 2024(no image attached) (Copies have been distributed pursuant to the NEF - ES) |
| Filing 46 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 10/16/2023. The Court denies the motion for leave to file excess pages (ECF No. #44 ) because the Court does not find good cause exists to support the motion. The Court will extend the deadline to file the reply to October 17, 2023 for Defendant to file a corrected reply that complies with LR 7-3(b)'s limit on the length of reply briefs. (Copies have been distributed pursuant to the NEF - NYL) |
| Filing 45 REPLY to Response to #16 Motion to Dismiss, by Defendant FCM MM Holdings, LLC. (Attachments: #1 Declaration of Jake Freeman, #2 Exhibit B)(Cassity, Robert) |
| Filing 44 MOTION for Leave to File Excess Pages by Defendant FCM MM Holdings, LLC. Responses due by 10/27/2023. (Attachments: #1 Declaration of Erica C. Medley)(Cassity, Robert) (dispositive) |
| Filing 43 Joint Stipulated Discovery Plan and Scheduling Order by Plaintiff Mind Medicine (Mindmed) Inc... (Bustos, Justin) |
| Filing 42 RESPONSE to 36 Minute Order,,,,,, by Plaintiff Mind Medicine (Mindmed) Inc.. (Bustos, Justin) |
| Filing 41 NOTICE OF WITHDRAWAL OF MOTION FOR LEAVE TO FILE EXHIBIT UNDER SEAL by Mind Medicine (Mindmed) Inc. re #34 Motion to Seal.. (Bustos, Justin) |
| Filing 40 Joint STATUS REPORT by Defendant FCM MM Holdings, LLC.. (Cassity, Robert) |
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Filing 39
ORDER Granting #38 Stipulation for Extension of Time re #16 Motion to Dismiss. Replies due by 10/13/2023. Signed by Magistrate Judge Elayna J. Youchah on 10/2/2023. (Copies have been distributed pursuant to the NEF - RGDG)
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| Filing 38 STIPULATION FOR EXTENSION OF TIME (First Request) re #16 Motion to Dismiss, by Defendant FCM MM Holdings, LLC. (Cassity, Robert) (extend) (nondispositive) |
| Filing 37 STATUS REPORT PURSUANT TO THE COURT'S SEPTEMBER 20, 2023 ORDER by Plaintiff Mind Medicine (Mindmed) Inc... (Attachments: #1 Exhibit A)(Bustos, Justin) |
| Filing 36 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 9/28/2023. By Judicial Assistant: E. Santiago. Pending before the Court is Plaintiff's Motion for Leave to File Exhibit Under Seal (ECF No. #34 ). The Motion seeks to seal Exhibit A attached to the Declaration of Bill Roegge in Support of Plaintiff's Opposition to Defendant FCM MM Holdings, LLC's Motion to Dismiss. As the party seeking to seal a judicial record, Plaintiff must meet its burden of overcoming the strong presumption in favor of access and public policies favoring disclosure. Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006). The mere fact that the production of records may lead to a party's embarrassment, incrimination or exposure to further litigation will not alone compel the court to seal its records. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1136 (9th Cir. 2003). The Court considered Plaintiff's Motion and the Exhibit sought to be sealed. The Court finds there is nothing in Exhibit A that, on its face, discloses proprietary or confidential information.Accordingly, IT IS HEREBY ORDERED that that no later than October 5, 2023, Plaintiff must file a supplement to its Motion for Leave to File Exhibit Under Seal (ECF No. #34 ) explaining what is proprietary or confidential about the contents of the email thread. (no image attached) (Copies have been distributed pursuant to the NEF - ES) |
| Filing 34 MOTION to Seal Document, #33 Response, by Plaintiff Mind Medicine (Mindmed) Inc.. Responses due by 10/11/2023. (Bustos, Justin) |
| Filing 33 RESPONSE to #16 Motion to Dismiss, by Plaintiff Mind Medicine (Mindmed) Inc.. Replies due by 10/4/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 [Exh. A UNDER SEAL])(Bustos, Justin) |
| Filing 30 SUMMONS ISSUED as to Scott Freeman. (DRM) |
| Filing 29 PROPOSED SUMMONS to be issued Scott Freeman by Plaintiff Mind Medicine (Mindmed) Inc.. (Bustos, Justin) |
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Filing 28
ORDER Granting #12 Motion for Alternative Service. See Order for additional details re service. Signed by Magistrate Judge Elayna J. Youchah on 9/20/2023.(Copies have been distributed pursuant to the NEF - RGDG)
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Filing 32
ORDER APPROVING ECF No. #24 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Sarah Lightdale for Mind Medicine (MindMed) Inc. and approving Designation of Local Counsel Justin J. Bustos. Signed by Chief Judge Miranda M. Du on 9/15/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS)
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Filing 31
ORDER APPROVING ECF No. #21 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Alexandra Rex Mayhugh for Plaintiff Mind Medicine (MindMed) Inc. and approving Designation of Local Counsel Justin J. Bustos. Signed by Chief Judge Miranda M. Du on 9/15/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS)
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Filing 27
ORDER Granting #23 Verified Petition for Permission to Practice Pro Hac Vice as to Kaitland Kennelly for Mind Medicine (MindMed) Inc. and approving Designation of Local Counsel as to Justin J. Bustos. Signed by Chief Judge Miranda M. Du on 9/15/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - KF)
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Filing 26
ORDER APPROVING ECF No. #22 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Amanda L. Liverzani for Mind Medicine (MindMed) Inc., and approving Designation of Local Counsel Justin J. Bustos. Signed by Chief Judge Miranda M. Du on 9/15/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DRM)
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| Filing 25 CERTIFICATE OF SERVICE for #8 Minute Order Removal Case, by Defendant FCM MM Holdings, LLC.. (Cassity, Robert) |
| Filing 24 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Sarah Lightdale and DESIGNATION of Local Counsel Justin J. Bustos (Filing fee $ 250 receipt number ANVDC-7427111) by Plaintiff Mind Medicine (Mindmed) Inc.. (Bustos, Justin) |
| Filing 23 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Kaitland M. Kennelly and DESIGNATION of Local Counsel Justin J. Bustos (Filing fee $ 250 receipt number ANVDC-7427107) by Plaintiff Mind Medicine (Mindmed) Inc.. (Bustos, Justin) |
| Filing 22 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Amanda L. Liverzani and DESIGNATION of Local Counsel Justin J. Bustos (Filing fee $ 250 receipt number ANVDC-7427100) by Plaintiff Mind Medicine (Mindmed) Inc.. (Bustos, Justin) |
| Filing 21 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Alexandra Rex Mayhugh and DESIGNATION of Local Counsel Justin J. Bustos (Filing fee $ 250 receipt number ANVDC-7427081) by Plaintiff Mind Medicine (Mindmed) Inc.. (Bustos, Justin) |
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Filing 20
ORDER Granting #17 Stipulation for Extension of Time re 13 Motion to Dismiss. Responses due by 9/27/2023. Signed by Magistrate Judge Elayna J. Youchah on 9/13/2023. (Copies have been distributed pursuant to the NEF - RGDG)
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| Filing 19 DEMAND for Trial by Jury by Defendant FCM MM Holdings, LLC. (Cassity, Robert) |
| Filing 18 STATEMENT REGARDING REMOVAL by Defendant FCM MM Holdings, LLC.. (Cassity, Robert) |
| Filing 17 STIPULATION FOR EXTENSION OF TIME (First Request) FOR PLAINTIFF TO OPPOSE FCM MM HOLDINGS, LLC'S MOTION TO DISMISS [ECF NO. 13] by Plaintiff Mind Medicine (Mindmed) Inc.. (Bustos, Justin) (extend) (answer) |
| Filing 16 MOTION to Dismiss #1 Petition for Removal,, #15 Order on Motion to Seal,,,,, by Defendant FCM MM Holdings, LLC. Responses due by 9/22/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cassity, Robert) |
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Filing 15
ORDER Granting #14 Motion to Seal. IT IS FURTHER ORDERED that 13 Motion to Dismiss shall remain sealed. IT IS FURTHER ORDERED that Defendant FCM MM Holdings, LLC must no later than September 14, 2023, file on the public docket a copy of the Motion to Dismiss and all exhibits thereto redacting only those portions of the Motion and exhibits referencing the contents of Exhibit A. All remaining portions of the Motion to Dismiss and exhibits are not to be redacted. Copy of 13 Motion to Dismiss due by 9/14/2023. Signed by Magistrate Judge Elayna J. Youchah on 9/7/2023. (Copies have been distributed pursuant to the NEF - RGDG)
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| Filing 14 MOTION to Seal Document by Defendant FCM MM Holdings, LLC. Responses due by 9/20/2023. (Cassity, Robert) |
| Filing 12 Unopposed MOTION for Alternative Service Pursuant to NRCP 4.4(b) by Plaintiff Mind Medicine (Mindmed) Inc.. Responses due by 9/19/2023. (Attachments: #1 Declaration of Alexandra R. Mayhugh, #2 Exhibit A - Dos Santos Declaration, #3 Exhibit B - Connor Affidavit, #4 Exhibit C - Jimenez Affidavit, #5 Exhibit D - Pryor Affidavit)(Bustos, Justin) (misc) (nondispositive) |
| Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/5/2023. Good cause appearing, the Court grants Defendant FCM MM Holdings, LLC's motion to seal (ECF No. #6 ). (Copies have been distributed pursuant to the NEF - NYL) |
| Filing 10 STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Chief Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 9 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Alexandra Rex Mayhugh, Amanda Liverzani, Kaitland Kennelly, Sarah Lightdale, to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 9/14/2023. (no image attached) (ALZ) |
| Filing 8 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 8/31/2023. By Deputy Clerk: ALZ. Statement regarding removed action is due by 9/15/2023. Joint Status Report regarding removed action is due by 9/30/2023. (Copies have been distributed pursuant to the NEF - ALZ) |
| Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Elayna J. Youchah. (ALZ) |
| Filing 7 CERTIFICATE of Interested Parties by FCM MM Holdings, LLC, a Wyoming Limited Liability Company. There are no known interested parties other than those participating in the case. (Medley, Erica) |
| Filing 6 MOTION to Seal Document by Defendant FCM MM Holdings, LLC, a Wyoming Limited Liability Company. Responses due by 9/13/2023. (Attachments: #1 Exhibit A)(Cassity, Robert) |
| Filing 5 APPENDIX of Exhibits - Volume 4 of 4 to #1 Petition for Removal,, by Defendant FCM MM Holdings, LLC, a Wyoming Limited Liability Company.. (Attachments: #1 Appendix)(Cassity, Robert) |
| Filing 3 APPENDIX of Exhibits - Volume 2 of 4 to #1 Petition for Removal,, by Defendant FCM MM Holdings, LLC, a Wyoming Limited Liability Company.. (Attachments: #1 Appendix)(Cassity, Robert) |
| Filing 2 APPENDIX of Exhibits - Volume 1 of 4 to #1 Petition for Removal,, by Defendant FCM MM Holdings, LLC, a Wyoming Limited Liability Company.. (Attachments: #1 Appendix Volume 1 of 4)(Cassity, Robert) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-23-874611-B, (Filing fee $ 402 receipt number ANVDC-7412034) by FCM MM Holdings, LLC, a Wyoming Limited Liability Company. Proof of service due by 10/24/2023. Certificate of Interested Parties due by 9/9/2023. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Cassity, Robert) 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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