MYSTIC RETREAT MED SPA & WEIGHT LOSS CENTER et al v. ZELTIQ AESTHETICS LLC et al
| MYSTIC RETREAT MED SPA & WEIGHT LOSS CENTER and MISTY SINCLAIR, M.D. |
| ASCENTIUM CAPITAL LLC, ALLERGAN USA, INC. and ZELTIQ AESTHETICS LLC |
| 1:2021cv00515 |
| June 23, 2021 |
| US District Court for the Middle District of North Carolina |
| THOMAS D SCHROEDER |
| JOE L WEBSTER |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on January 23, 2023. A more recent docket listing may be available from PACER.
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Filing 20
RESPONSE in Opposition re #17 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MYSTIC RETREAT MED SPA & WEIGHT LOSS CENTER, MISTY SINCLAIR, M.D. filed by ASCENTIUM CAPITAL LLC. Replies due by 8/31/2021 (SAINTSING, BYRON)
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Filing 19
MEMORANDUM filed by Plaintiffs MYSTIC RETREAT MED SPA & WEIGHT LOSS CENTER, MISTY SINCLAIR, MD, Counter Defendants MYSTIC RETREAT MED SPA & WEIGHT LOSS CENTER, MISTY SINCLAIR, MD re #17 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MYSTIC RETREAT MED SPA & WEIGHT LOSS CENTER, MISTY SINCLAIR, MD. (BLITZ, JONATHAN)
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Filing 18
REPLY, filed by Plaintiffs MYSTIC RETREAT MED SPA & WEIGHT LOSS CENTER, MISTY SINCLAIR, MD, Counter Defendants MYSTIC RETREAT MED SPA & WEIGHT LOSS CENTER, MISTY SINCLAIR, MD, to Response to #13 First MOTION for Default Judgment as to Defendant Ascentium Capital LLC filed by MYSTIC RETREAT MED SPA & WEIGHT LOSS CENTER, MISTY SINCLAIR, MD. (BLITZ, JONATHAN)
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Filing 17
First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MYSTIC RETREAT MED SPA & WEIGHT LOSS CENTER, MISTY SINCLAIR, MD. Response to Motion due by 8/18/2021 (Attachments: #1 Memorandum in Support)(BLITZ, JONATHAN)
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Filing 16
ANSWER to #7 Complaint, with Jury Demand by ALLERGAN USA, INC., ZELTIQ AESTHETICS LLC. (LEWIS, JAMES)
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Filing 15
RESPONSE in Opposition re #13 First MOTION for Default Judgment as to Defendant Ascentium Capital LLC filed by MYSTIC RETREAT MED SPA & WEIGHT LOSS CENTER, MISTY SINCLAIR, M.D. filed by ASCENTIUM CAPITAL LLC. Replies due by 8/3/2021 (Attachments: #1 Exhibit A - Superior Performers, Inc. v. Thornton, No. 1:20CV00123, 2020 U.S. Dist. LEXIS 18943, 2020 WL 6060978 (M.D.N.C. Oct. 14, 2020))(SAINTSING, BYRON)
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Filing 14
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff MYSTIC RETREAT MED SPA & WEIGHT LOSS CENTER, Counter Defendant MYSTIC RETREAT MED SPA & WEIGHT LOSS CENTER (BLITZ, JONATHAN)
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Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #13 First MOTION for Default Judgment as to Defendant Ascentium Capital LLC. (Engle, Anita)
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Filing 13
First MOTION for Default Judgment as to Defendant Ascentium Capital LLC by MYSTIC RETREAT MED SPA & WEIGHT LOSS CENTER, MISTY SINCLAIR, MD. Response to Motion due by 7/15/2021 (Attachments: #1 Supplement Memorandum of Plaintiffs in Support of Motion for Default and Default Judgment, #2 Text of Proposed Order Proposed Order)(BLITZ, JONATHAN)
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Filing 12
ANSWER to #7 Complaint, Affirmative Defenses and, Counterclaim against by ASCENTIUM CAPITAL LLC. (Attachments: #1 Exhibit A- Equipment Finance Agreement, #2 Exhibit B- UCC Financing Statement, #3 Exhibit C- Addendum, #4 Exhibit D- Amended UCC Financing Statement, #5 Exhibit E- Amendment and Modification of Payment Terms, #6 Exhibit F- Amendment and Modification of Payment Terms, #7 Exhibit G- notice of sale letters, #8 Exhibit H- Statement of Account)(SAINTSING, BYRON)
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Filing 11
Corporate Disclosure Statement by ASCENTIUM CAPITAL LLC. (SAINTSING, BYRON)
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Filing 10
NOTICE of Attorney Appearance by attorney BYRON L. SAINTSING on behalf of Defendant ASCENTIUM CAPITAL LLC (SAINTSING, BYRON)
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Filing 9
Notice of Right to Consent. (Attachments: #1 Consent Form) (Sheets, Jamie)
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Filing 8
Summons Issued as to ALLERGAN USA, INC. (Originally filed in Moore County Superior Court, file number 21CVS637, issued 5/10/2021, and listed as Exhibit 1 to the Petition for Removal) (Sheets, Jamie)
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Filing 7
COMPLAINT against ZELTIQ AESTHETICS LLC, ALLERGAN USA, INC., ASCENTIUM CAPITAL LLC, filed by MYSTIC RETREAT MED SPA & WEIGHT LOSS CENTER, MISTY SINCLAIR, MD. (Originally filed in Moore County Superior Court, file number 21CVS637, and listed as Exhibit 1 to the Petition for Removal) (Sheets, Jamie)
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Filing 6
Corporate Disclosure Statement by ALLERGAN USA, INC.. (LEWIS, JAMES)
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Filing 5
Corporate Disclosure Statement by ZELTIQ AESTHETICS LLC. (LEWIS, JAMES)
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ORDER granting #4 Motion for Extension of Time to Answer filed by ALLERGAN USA, INC. to 7/20/2021; ZELTIQ AESTHETICS LLC. Answer due 7/20/2021. Signed by Gloria L. Powell on 6/24/2021 on behalf of John S. Brubaker, Clerk of Court. (Powell, Gloria)
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Case ASSIGNED to CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie)
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CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Sheets, Jamie)
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Filing 4
Consent MOTION for Extension of Time to File Answer re #1 Petition for Removal, by Allergan USA, Inc., Zeltiq Aesthetics LLC. (Attachments: #1 Text of Proposed Order proposed Order granting extension to answer)(LEWIS, JAMES)
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Filing 3
NOTICE of Attorney Appearance by attorney DIANE K. PAPPAYLIOU on behalf of Defendants Allergan USA, Inc., Zeltiq Aesthetics LLC (PAPPAYLIOU, DIANE)
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Filing 2
NOTICE of Attorney Appearance by attorney JAMES SCOTT LEWIS on behalf of Defendants Allergan USA, Inc., Zeltiq Aesthetics LLC (LEWIS, JAMES)
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Filing 1
PETITION FOR REMOVAL against All Plaintiffs (Filing fee $ 402 receipt number 0418-3074122), filed by Zeltiq Aesthetics LLC, Allergan USA, Inc. (Attachments: #1 Exhibit 1 - Documents served on Zeltiq & Allergan, #2 Exhibit 2 - Notice of Filing of Notice of Removal) (LEWIS, JAMES)
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