Pizana v. Sanmedica International LLC
| Raul Pizana, Maureen Hobbs, Charles Berglund, Jeanette Mills, Erica Laroche, Ann Marie Lynch, Oskar Laffont, Sal Munoz and Keith Barnes |
| Sanmedica International LLC, Basic Research, LLC, BR Cos, LLC, Basic Research Holdings, LLC, Basic Research Intermediate, LLC, Sierra Research Group, LLC, Majestic Media, CRM Specialists, LLC, Bydex Management, Limitless Worldwide, Novex Biotech LLC, Bodee Gay, Gina Daines, Haley Blackett, Kimm Humphries and Mitchell K. Friedlander |
| 2:2023cv00889 |
| December 8, 2023 |
| US District Court for the District of Utah |
| Central Office |
| Howard C Nielson |
| Dustin B Pead |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
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| Filing 288 REQUEST to Submit for Decision filed by Defendants BR Cos, LLC, Basic Research Holdings, LLC, Basic Research Intermediate, LLC, Basic Research, LLC, Bydex Management, CRM Specialists, LLC, Majestic Media, Novex Biotech LLC, Sanmedica International LLC, Sierra Research Group, LLC. (Price, Ronald) |
| Filing 287 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge Howard C. Nielson, Jr and Magistrate Judge Dustin B. Pead is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Dustin B. Pead no longer assigned as the presiding judge to the case. (mh) |
| Filing 286 RECEIVED Consent/Reassignment Form from Plaintiffs Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana. (mh) |
| Filing 285 NOTICE of Appearance by Matthew R. Howell on behalf of Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana (Howell, Matthew) |
| Filing 284 RECEIVED Consent/Reassignment Form from Defendants Haley Blackett, Gina Daines, Bodee Gay, Kimm Humphries. (mh) |
| Filing 283 NOTICE of Appearance by Ronald F. Price on behalf of BR Cos, LLC, Basic Research Holdings, LLC, Basic Research Intermediate, LLC, Basic Research, LLC, Bydex Management, CRM Specialists, LLC, Majestic Media, Novex Biotech LLC, Sanmedica International LLC, Sierra Research Group, LLC (Price, Ronald) |
| Filing 282 NOTICE of Appearance by John P. Snow on behalf of BR Cos, LLC, Basic Research Holdings, LLC, Basic Research Intermediate, LLC, Basic Research, LLC, Bydex Management, CRM Specialists, LLC, Majestic Media, Novex Biotech LLC, Sanmedica International LLC, Sierra Research Group, LLC (Snow, John) |
| Filing 281 NOTICE of Appearance by Jason M. Kerr on behalf of BR Cos, LLC, Basic Research Holdings, LLC, Basic Research Intermediate, LLC, Basic Research, LLC, Bydex Management, CRM Specialists, LLC, Majestic Media, Novex Biotech LLC, Sanmedica International LLC, Sierra Research Group, LLC (Kerr, Jason) |
| Filing 280 RECEIVED Consent/Reassignment Form from Defendants BR Cos, LLC, Basic Research Holdings, LLC, Basic Research Intermediate, LLC, Basic Research, LLC, Bydex Management, CRM Specialists, LLC, Majestic Media, Novex Biotech LLC, Sanmedica International LLC, Sierra Research Group, LLC. (mh) |
| Filing 279 RECEIVED Consent/Reassignment Form from Defendant Mitchell K. Friedlander. (mh) |
| Filing 278 NOTICE OF ADR, e-mailed or mailed to Defendants BR Cos, LLC, Basic Research Holdings, LLC, Basic Research Intermediate, LLC, Basic Research, LLC, Haley Blackett, Bydex Management, CRM Specialists, LLC, Gina Daines, Mitchell K. Friedlander, Bodee Gay, Kimm Humphries, Limitless Worldwide, Majestic Media, Novex Biotech LLC, Sanmedica International LLC, Sierra Research Group, LLC, Plaintiffs Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana. (mh) |
| Filing 277 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Defendants BR Cos, LLC, Basic Research Holdings, LLC, Basic Research Intermediate, LLC, Basic Research, LLC, Haley Blackett, Bydex Management, CRM Specialists, LLC, Gina Daines, Mitchell K. Friedlander, Bodee Gay, Kimm Humphries, Limitless Worldwide, Majestic Media, Novex Biotech LLC, Sanmedica International LLC, Sierra Research Group, LLC, Plaintiffs Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana. Form due by 1/2/2024. (mh) |
| Filing 276 Case transferred in from USDC of California Eastern; Case Number 1:18-cv-00644. Original file, certified copy of transfer order and docket sheet received. USDC District of Utah Case number 2:23-cv-00889-DBP. Assigned to Magistrate Judge Dusting B. Pead. |
Filing 275
ORDER signed by District Judge Troy L. Nunley on 12/07/23 DENYING #189 Motion to Strike; DENYING #190 Motion to Disqualify Counsel; DENYING #218 Motion to strike; GRANTING IN PART AND DENYING IN PART #220 Motion to Dismiss; GRANTING IN PART AND DENYING IN PART #234 Motion to Dismiss and #237 Motion for Judgment; GRANTING IN PART AND DENYING IN PART #217 Motion to DISMISS; DENYING IN PART AND GRANTING IN PART #231 Motion to Dismiss. In lieu of dismissal of certain counts and Defendants, and pursuant to the defendants' requests for transfer of venue, the Court will TRANSFER this matter to the District of Utah for all further proceedings. (Licea Chavez, V) [Transferred from California Eastern on 12/8/2023.]
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Filing 274
ORDER by Chief Judge Kimberly J. Mueller: Due to the elevation of U.S. District Judge Ana I. de Alba to the Ninth Circuit Court of Appeals, the court finds it necessary to temporarily reassign this case to No District Court Judge (NODJ) until a new district judge is appointed. (Lundstrom, T) [Transferred from California Eastern on 12/8/2023.]
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| Filing 273 NOTICE of Supplemental Authority In Support of by Basic Research, LLC re #220 MOTION to DISMISS MOTION to DISMISS for LACK of JURISDICTION . (Attachments: #1 Exhibit 1)(Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 272 NOTICE of Supplemental Authority ISO by BR Cos, LLC, Basic Research Holdings, LLC, Basic Research Intermediate, LLC, Basic Research, LLC, Bydex Management, LLC, CRM Specialists, LLC, Majestic Media, LLC, Novex Biotech, LLC, Sanmedica International LLC, Sierra Research Group, LLC re #221 MOTION to DISMISS. Attorney Ma, Stephen Yoonkyu added. (Attachments: #1 Exhibit 1)(Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 271
MINUTE ORDER signed by District Judge Ana de Alba on 9/12/2023: (Text Only Entry) The Court's August 28, 2023 #269 order granting, in part, and denying, in part, Defendant SanMedica's #268 request to seal inadvertently restricted the number of pages Plaintiffs should file on the public docket from Exhibit 6 of their #249 opposition. The Court clarifies that its order addressed "SanMedica's sealing request only to the extent that it overlap[ped] with Plaintiff's citations." (ECF No. 268 at 4.) It also prohibited Plaintiffs from filing "deposition pages or exhibits to which they have not cited." (Id.) To the extent that there are pages from Exhibit 6, and the accompanying deposition Exhibit 105, to which Plaintiffs cited in their #249 opposition, but to which Defendant did not seek a sealing order, Plaintiffs should file those pages on the public docket without redaction. Because of this confusion, the Court will extend Plaintiffs' filing deadline. Therefore, Plaintiffs must comply with the August 28, 2023 #268 order and this minute order no later than September 15, 2023.(Hernandez, M) [Transferred from California Eastern on 12/8/2023.]
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| Filing 270 NOTICE of Re-Filing, Un-Sealing, and Redacting Exhibits Filed in Support of Plaintiffs' Omnibus Opposition to Defendant's Motion to Dismiss on Personal Jurisdiction Grounds and Opposition to Motion to Transfer Venue by Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana re #269 Order, Set/Reset Deadlines and Hearings, Order on Request to Seal. Attorney Elling, Kelsey added. (Attachments: #1 Plaintiffs' Omnibus Opposition to Defendants' Motions to Dismiss on Personal Jurisdiction Grounds and Opposition to Motion to Transfer Venue, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 13, #6 Exhibit 28, #7 Exhibit 29)(Elling, Kelsey) [Transferred from California Eastern on 12/8/2023.] |
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Filing 269
ORDER GRANTING IN PART AND DENYING IN PART Sanmedica's #268 Request to Seal signed by District Judge Ana de Alba on 8/28/2023. (Sant Agata, S) [Transferred from California Eastern on 12/8/2023.]
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| Filing 268 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Sanmedica International LLC. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 267
MINUTE ORDER signed by District Judge Ana de Alba on 3/17/2023: (Text Only Entry)On October 22, 2022, Plaintiffs filed a #250 notice of request to seal documents in support of #249 Plaintiffs' opposition to Defendants' motions to dismiss on personal jurisdiction grounds. Plaintiffs seek to seal deposition transcripts, other documents, and portions of their opposition brief because the parties had labeled the information as "Confidential" during discovery. (ECF No. 250-1 at 2-3.) Pursuant to Judge de Alba's Standing Order in Civil Actions, however, "protective orders covering the discovery phase shall not govern the filing of sealed or redacted documents on the public docket." S.O. J. de Alba at 4. As the Standing Order explains, "The court will only consider requests to seal or redact filed by the proponent of sealing or redaction." Id. "If a party plans to make a filing that includes material an opposing party has identified as confidential and potentially subject to sealing, the filing party shall provide the opposing party with sufficient notice in advance of filing to allow the party to seek an order from the court regarding sealing or redacting the material in question." Id. at 4-5. Here, it is not clear whether Plaintiffs are the proponents of sealing or whether they are only seeking to seal the documents to comply with the terms of the protective order. Indeed, Plaintiffs state that they "do not believe all the testimony or the events surrounding the testimony and conduct of the deposition contain any non-public trade secrets or other matter that overrides the First Amendment and public's right to access judicial records, Defendant has not de-designated the Sealed Exhibits." (ECF No. 250-1 at 3.) As such, Plaintiffs' #250 request to seal is denied, without prejudice. If Defendants wish to seal any of the referenced documents, or to redact any portions thereof, they shall file a request pursuant to Local Rules 141 and 141.1 and Judge de Alba's Standing Order in Civil Actions, no later than March 31, 2023. Defendants' request to seal must identify the specific portions of the documents which they believe must be filed under seal and provide "the statutory or other authority for sealing, the requested duration, the identity, by name or category, or persons to be permitted access to the documents, and all other relevant information." E.D. Cal. R. 141(b). (Hernandez, M) [Transferred from California Eastern on 12/8/2023.]
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| Filing 266 REPLY by Mitchell K. Friedlander re #217 Motion to Dismiss, #248 Opposition to Motion, #249 Opposition to Motion,,,. (Burbidge, Beau) [Transferred from California Eastern on 12/8/2023.] |
| Filing 265 REPLY by Mitchell K. Friedlander re #218 Motion to Strike, #248 Opposition to Motion,. (Burbidge, Beau) [Transferred from California Eastern on 12/8/2023.] |
| Filing 264 REPLY by Limitless Worldwide, LLC re #237 Motion for Judgment. (Day, M) [Transferred from California Eastern on 12/8/2023.] |
| Filing 263 REPLY by Limitless Worldwide, LLC re #234 Joinder,. (Attachments: #1 Exhibit A)(Day, M) [Transferred from California Eastern on 12/8/2023.] |
| Filing 262 REPLY by Haley Blackett, Gina Daines, Bodee Gay, Kimm Humphries re #231 Motion to Dismiss,,, Motion to Dismiss/Lack of Jurisdiction,,. (Strassberg, Evan) [Transferred from California Eastern on 12/8/2023.] |
| Filing 261 REPLY by Sanmedica International LLC re #249 Opposition to Motion,,,. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 260 REPLY by Sanmedica International LLC re #248 Opposition to Motion,. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 259
MINUTE ORDER signed by District Judge Ana de Alba on 12/2/2022: (Text Only Entry) On December 1, 2022, Defendants Bodee Gay, Gina Daines, Haley Blackett, Kimm Humphery ("Gay Defendants") filed a #258 Motion for Leave to File an Overlength Reply to Plaintiffs' Opposition Briefs to Defendants' #231 Motion to Dismiss. These Defendants request a five (5) page extension for their reply brief, in order to file a consolidated reply to Plaintiffs' opposition briefs (ECF No. 248, 249). Good cause appearing, the Court hereby grants Defendants' #258 Motion for Leave to File an Overlength Reply. Gay Defendants' reply shall not exceed 25 pages, exclusive of the caption page, table of contents and table of authorities.(Hernandez, M) [Transferred from California Eastern on 12/8/2023.]
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| Filing 258 MOTION for Leave to File Overlength Reply by Haley Blackett, Gina Daines, Bodee Gay, Kimm Humphries. Motion Hearing set for 12/5/2022 at 01:30 PM in Courtroom 1 before District Judge Ana de Alba. (Strassberg, Evan) [Transferred from California Eastern on 12/8/2023.] |
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Filing 257
JOINT STIPULATION AND ORDER EXTENDING TIME TO FILE DEFENDANTS' REPLIES IN SUPPORT OF MOTIONS RELATED TO THE THIRD AMENDED COMPLAINT. Order signed by Magistrate Judge Sheila K. Oberto on 11/17/2022. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 256 STIPULATION and PROPOSED ORDER for Extension of Time to File Replies In Support of Motions Related to the Third Amended Complaint re #251 Notice of Filing / Lodging Document, #249 Opposition to Motion,,, #248 Opposition to Motion, #250 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana., #255 Statement, by Sanmedica International LLC. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 255 STATEMENT of Recent Decision by Plaintiffs Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana re #237 Motion for Judgment, #218 Motion to Strike, #217 Motion to Dismiss, #231 Motion to Dismiss,,, Motion to Dismiss/Lack of Jurisdiction,,. (Persinger, Annick) [Transferred from California Eastern on 12/8/2023.] |
| Filing 254 NOTICE of ERRATA by Sanmedica International LLC re #253 Notice of Appearance.. (Attachments: #1 Exhibit 1)(Hemar, Ryan) [Transferred from California Eastern on 12/8/2023.] |
| Filing 253 NOTICE of APPEARANCE by Ryan M. Hemar on behalf of Sanmedica International LLC. Attorney Hemar, Ryan M. added. (Hemar, Ryan) [Transferred from California Eastern on 12/8/2023.] |
| Filing 252 ACKNOWLEDGEMENT OF RECEIPT of #251 USB (Exhibit 23) by Plaintiffs. (Text only entry) (Rivera, O) [Transferred from California Eastern on 12/8/2023.] |
| Filing 251 NOTICE OF LODGING DOCUMENT(S) IN PAPER by Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana: Exhibit 23: Limitless Video. (Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 250 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana. (Attachments: #1 Plaintiffs' Request to Seal Documents, #2 Proposed Order)(Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 249 OPPOSITION by Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana to #237 Motion for Judgment, #231 Motion to Dismiss,,, Motion to Dismiss/Lack of Jurisdiction,,. (Attachments: #1 Declaration of Raul Pizana, #2 Declaration of Katherine A. Bruce, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4a, #7 Exhibit 4b, #8 Exhibit 4c, #9 Exhibit 5a, #10 Exhibit 5b, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14, #20 Exhibit 15, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28, #33 Exhibit 29, #34 Exhibit 30)(Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 248 OPPOSITION by Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana to #237 Motion for Judgment, #218 Motion to Strike, #217 Motion to Dismiss, #231 Motion to Dismiss,,, Motion to Dismiss/Lack of Jurisdiction,,. (Persinger, Annick) [Transferred from California Eastern on 12/8/2023.] |
| Filing 247 NOTICE of Withdrawal by Sanmedica International LLC. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 246
JOINT STIPULATION and ORDER TO EXTEND PLAINTIFFS' PAGE LIMITS FOR MOTION PRACTICE RELATED TO THE THIRD AMENDED COMPLAINT. Order signed by Magistrate Judge Sheila K. Oberto on 10/18/2022. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 245 STIPULATION and PROPOSED ORDER for Extension of Plaintiffs' Page Limits for Motion Practice Related to the Third Amended Complaint by Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana. (Griffith, Wesley) [Transferred from California Eastern on 12/8/2023.] |
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Filing 244
ORDER GRANTING #240 Application for Pro Hac Vice as to Attorney Carlos Nunez-Vivas, signed by Magistrate Judge Sheila K. Oberto on 9/16/2022. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Rivera, O) [Transferred from California Eastern on 12/8/2023.]
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| Filing 243 JOINT STATUS REPORT by Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana. (Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
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Filing 242
JOINT STIPULATION and ORDER REGARDING MOTION PRACTICE RELATED TO THE THIRD AMENDEDCOMPLAINT. Order signed by Magistrate Judge Sheila K. Oberto on 9/12/2022. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 241 STIPULATION and PROPOSED ORDER for Regarding Motion Practice Related to the Third Amended Complaint by Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana. (Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 240 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Mitchell K. Friedlander for attorney Carlos Nunez-Vivas to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10425115) (Burbidge, Beau) [Transferred from California Eastern on 12/8/2023.] |
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Filing 239
MINUTE ORDER signed by District Judge Ana de Alba on 9/6/2022: (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed #237 motion for judgment on the pleadings will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and reminds the parties that Magistrate Judge consent may alleviate some of the delays caused by the resource emergency.(Hernandez, M) [Transferred from California Eastern on 12/8/2023.]
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Filing 238
ORDER GRANTING #233 Application for Pro Hac Vice, signed by Magistrate Judge Sheila K. Oberto on 09/05/2022. Added Attorney Chad E. Nydegger, PHV for Limitless Worldwide, LLC. The Pro Hac Vice Attorney is directed to request electronic filing access through PACER. (Maldonado, C) [Transferred from California Eastern on 12/8/2023.]
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| Filing 237 MOTION for JUDGMENT on the Pleadings by Limitless Worldwide, LLC. Motion Hearing set for 12/5/2022 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: #1 Declaration of Melyn Campbell)(Day, M) [Transferred from California Eastern on 12/8/2023.] |
| Filing 236 ANSWER with Jury Demand by Limitless Worldwide, LLC.(Day, M) [Transferred from California Eastern on 12/8/2023.] |
| Filing 235 CORPORATE DISCLOSURE STATEMENT by Defendant Limitless Worldwide, LLC. (Day, M) [Transferred from California Eastern on 12/8/2023.] |
| Filing 234 JOINDER by Limitless Worldwide, LLC in re #217 Motion to Dismiss, filed by Mitchell K. Friedlander, #221 Motion to Dismiss, filed by Sanmedica International LLC, #220 Motion to Dismiss,, Motion to Dismiss/Lack of Jurisdiction, filed by Sanmedica International LLC. (Day, M) [Transferred from California Eastern on 12/8/2023.] |
| Filing 233 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Limitless Worldwide, LLC for attorney Chad E. Nydegger to appear Pro Hac Vice. Attorney Day, M Elizabeth added. (Filing fee $ 225, receipt number ACAEDC-10419155) (Day, M) [Transferred from California Eastern on 12/8/2023.] |
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Filing 232
MINUTE ORDER signed by District Judge Ana de Alba on 8/31/2022: (Text Only Entry) This matter is set for hearing before District Judge de Alba. The parties are ordered to submit a joint status report, not to exceed five pages, within 10 court days, that addresses the following: What is the procedural history of the case? Is the motion presently before the court still at issue for the parties? Have the parties engaged in settlement negotiations whether formally or informally? If so, when? Would the parties benefit from a mandatory settlement conference before a Magistrate Judge? Would the parties benefit from a status conference with Judge de Alba? The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and although the Court will continue working diligently to resolve all pending motions, it may still be months before the parties' pending motion is resolved. As such, in light of having the heaviest district court caseload in the nation, limited Court resources, and the need to prioritize criminal and older civil matters over more recently filed actions, this Court strongly encourages the parties to consent to conduct all further proceedings before a U.S. Magistrate Judge. (Hernandez, M) [Transferred from California Eastern on 12/8/2023.]
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| Filing 231 MOTION to DISMISS, MOTION to DISMISS for LACK of JURISDICTION ( Motion Hearing set for 12/5/2022 at 01:30 PM in Courtroom 1 before District Judge Ana de Alba.) by Haley Blackett, Gina Daines, Bodee Gay, Kimm Humphries. (Attachments: #1 Exhibit A - Declaration of Kimberly Haws, #2 Exhibit B - Declaration of Evan Strassberg, #3 Exhibit C - Declaration of Gina Daines, #4 Exhibit D - Declaration of Haley Blackett, #5 Exhibit E - Declaration of Bodee Gay)(Strassberg, Evan) [Transferred from California Eastern on 12/8/2023.] |
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Filing 230
MINUTE ORDER signed by District Judge Ana de Alba on 8/30/2022: (Text Only Entry) On August 29, 2022, defendant filed a #222 motion to dismiss for lack of jurisdiction and failure to state a claim or, in the alternative, to transfer venue. On August 24, 2022, Chief Judge Kimberly J. Mueller signed an #216 order reassigning this matter from Judge Dale A. Drozd to Judge Ana I. de Alba. Pursuant to Judge de Alba's Standing Order in Civil Actions, counsel must meet and confer prior to filing any motions. (See E.D. Cal. S.O. J. de Alba at 2.) The moving party must further include in its motion "a declaration that the parties exhausted meet and confer efforts, with a very brief summary of said efforts." (Id.) The #222 motion to dismiss that defendant filed contains no declaration regarding efforts to meet and confer. Therefore, defendant's #222 motion to dismiss is denied without prejudice. If, after meeting and conferring, defendant still wishes to file a motion to dismiss, that motion shall be filed no later than five (5) court days following the date of signature on this order. The parties are advised to first consult Local Rule 230 and Judge de Alba's Standing Order in Civil Actions, which can be found at ADA Standing Order 08242022.pdf (uscourts.gov). In particular, the court directs the parties to section (1)(a) of the Standing Order, which states that Judge de Alba's civil law and motions calendar is held on Monday afternoons at 1:30 p.m. in Courtroom 1. (Id. at 1.) (Hernandez, M) [Transferred from California Eastern on 12/8/2023.]
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Filing 229
MINUTE ORDER signed by District Judge Ana de Alba on 8/30/2022: (Text Only Entry) On August 29, 2022, defendants filed a #219 motion for administrative relief, requesting the court's permission to exceed the twenty (20) page limit permitted by Judge de Alba's Standing Order. Therein, defendants request to submit a memorandum in support of their #222 motion to dismiss totaling no more than twenty-five (25) pages. Good cause appearing, the court hereby grants defendants' #219 motion for administrative relief to extend their #222 motion to dismiss to no more than twenty-five (25) pages. Any non-moving party may file an opposition or supporting statement relating to #219 motion for administrative relief within five (5) days after the motion has been filed. An opposition or supporting statement shall be filed no later than September 6, 2022. (Hernandez, M) [Transferred from California Eastern on 12/8/2023.]
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Filing 228
MINUTE ORDER signed by District Judge Ana de Alba on 8/30/2022: (Text Only Entry) Defendant filed a #217 motion to dismiss, which is currently set for hearing on December 7, 2022 before District Judge Ana de Alba, is VACATED and RESET for December 5, 2022 at 1:30 p.m. in Courtroom 1. This scheduling change is made in accordance with Judge de Alba's standing order, which designates Monday afternoons at 1:30 p.m. for Judge de Alba's civil law and motion calendar. (See E.D. Cal. S.O. J. de Alba at 1.) All other deadlines set out in Magistrate Judge Sheila K. Oberto's #206 order granting joint stipulation regarding motion practice related to the third amended complaint shall remain in effect. The parties are advised that, pursuant to Judge de Alba's standing order and Local Rule 230(g), the defendant's #217 motion to dismiss will be decided on the papers. (See id.) No hearing will be calendared. The parties are further advised that, due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and reminds the parties that Magistrate Judge consent may alleviate some of the delays caused by the resource emergency.(Hernandez, M) [Transferred from California Eastern on 12/8/2023.]
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Filing 227
MINUTE ORDER signed by District Judge Ana de Alba on 8/30/2022: (Text Only Entry) On August 29, 2022, defendants erroneously filed a #221 motion to dismiss. Defendants subsequently filed a #224 notice of errata with the corrected motion attached as Exhibit A. This #224 motion to dismiss pursuant to Rules 9(b), 12(b)(6), and 12(b)(1) is VACATED and RESET for December 5, 2022 at 1:30 p.m. in Courtroom 1. This scheduling change is made in accordance with Judge de Alba's standing order, which designates Monday afternoons at 1:30 p.m. for Judge de Alba's civil law and motion calendar. (See E.D. Cal. S.O. J. de Alba at 1.) All other deadlines set out in Magistrate Judge Sheila K. Oberto's #206 order granting joint stipulation regarding motion practice related to the third amended complaint shall remain in effect. The parties are advised that, pursuant to Judge de Alba's standing order and Local Rule 230(g), the defendants' #224 motion to dismiss will be decided on the papers. (See id.) No hearing will be calendared. The parties are further advised that, due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and reminds the parties that Magistrate Judge consent may alleviate some of the delays caused by the resource emergency.(Hernandez, M) [Transferred from California Eastern on 12/8/2023.]
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Filing 226
MINUTE ORDER signed by District Judge Ana de Alba on 8/30/2022: (Text Only Entry) Defendants' #220 motion to dismiss pursuant to Rule 12(b)(6) or, in the alternative, transfer to the District of Utah is VACATED and RESET for December 5, 2022 at 1:30 p.m. in Courtroom 1. This scheduling change is made in accordance with Judge de Alba's standing order, which designates Monday afternoons at 1:30 p.m. for Judge de Alba's civil law and motion calendar. (See E.D. Cal. S.O. J. de Alba at 1.) All other deadlines set out in Magistrate Judge Sheila K. Oberto's #206 order granting joint stipulation regarding motion practice related to the third amended complaint shall remain in effect. The parties are advised that, pursuant to Judge de Alba's standing order and Local Rule 230(g), the defendants' #220 motion to dismiss will be decided on the papers. (See id.) No hearing will be calendared. The parties are further advised that, due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and reminds the parties that Magistrate Judge consent may alleviate some of the delays caused by the resource emergency.(Hernandez, M) [Transferred from California Eastern on 12/8/2023.]
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Filing 225
MINUTE ORDER signed by District Judge Ana de Alba on 8/30/2022: (Text Only Entry) Defendant's #218 motion to strike, which is currently set for hearing on December 7, 2022 before District Judge Ana de Alba, is VACATED and RESET for December 5, 2022 at 1:30 p.m. in Courtroom 1. This scheduling change is made in accordance with Judge de Alba's standing order, which designates Monday afternoons at 1:30 p.m. for Judge de Alba's civil law and motion calendar. (See E.D. Cal. S.O. J. de Alba at 1.) All other deadlines set out in Magistrate Judge Sheila K. Oberto's #206 order granting joint stipulation regarding motion practice related to the third amended complaint shall remain in effect. The parties are advised that, pursuant to Judge de Alba's standing order and Local Rule 230(g), the defendant's #218 motion to strike will be decided on the papers. (See id.) No hearing will be calendared. The parties are further advised that, due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and reminds the parties that Magistrate Judge consent may alleviate some of the delays caused by the resource emergency.(Hernandez, M) [Transferred from California Eastern on 12/8/2023.]
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| Filing 224 NOTICE of ERRATA by Sanmedica International LLC re #221 MOTION to DISMISS.. (Attachments: #1 Exhibit 1)(Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 223 CORPORATE DISCLOSURE STATEMENT by Defendant Sanmedica International LLC. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 222 MOTION to DISMISS for LACK of JURISDICTION ( Motion Hearing set for 12/7/2022 at 02:00 PM in Courtroom 1 before District Judge Ana de Alba.) by Haley Blackett, Gina Daines, Bodee Gay, Kimm Humphries. (Attachments: #1 Declaration of Kimberly Haws, #2 Declaration of Gina Daines, #3 Declaration of Haley Blackett, #4 Declaration of Bodee Gay)(Strassberg, Evan) [Transferred from California Eastern on 12/8/2023.] |
| Filing 221 MOTION to DISMISS by Sanmedica International LLC. Motion Hearing set for 12/7/2022 at 02:00 PM in Courtroom 1 before District Judge Ana de Alba. (Attachments: #1 Declaration of Steven W. Garff, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 220 MOTION to DISMISS, MOTION to DISMISS for LACK of JURISDICTION ( Motion Hearing set for 12/7/2022 at 02:00 PM in Courtroom 1 before District Judge Ana de Alba.) by Sanmedica International LLC. (Attachments: #1 Declaration of Bodee Gay, #2 Declaration of Steven W. Garff)(Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 219 MOTION for Administrative Relief: Ex Parte Motion to Exceed Applicable Page Limitations for Memorandum in Support of The Gay Defendants' Motion to Dismiss Plaintiffs' Third Amended Complaint by Haley Blackett, Gina Daines, Bodee Gay, Kimm Humphries. Attorney Strassberg, Evan S. added. (Attachments: #1 Proposed Order Granting Motion for Administrative Relief)(Strassberg, Evan) [Transferred from California Eastern on 12/8/2023.] |
| Filing 218 MOTION to STRIKE re #175 Amended Complaint. by Mitchell K. Friedlander. Motion Hearing set for 12/7/2022 at 01:30 PM in Courtroom 1 before District Judge Ana de Alba. (Burbidge, Beau) [Transferred from California Eastern on 12/8/2023.] |
| Filing 217 MOTION to DISMISS by Mitchell K. Friedlander. Motion Hearing set for 12/7/2022 at 01:30 PM in Courtroom 1 before District Judge Ana de Alba. (Attachments: #1 Declaration of Mitchell Friedlander in Support of Motion to Dismiss, #2 Declaration of Beau Burbidge in Support of Motion to Dismiss with Exs. A-C)(Burbidge, Beau) [Transferred from California Eastern on 12/8/2023.] |
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Filing 216
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of *District Judge Ana de Alba* to the bench of the Eastern District of California, this action is reassigned from *District Judge Dale A. Drozd* to District Judge Ana de Alba for all further proceedings. (Marrujo, C) [Transferred from California Eastern on 12/8/2023.]
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Filing 215
MINUTE ORDER (Text Only Entry): On August 17, 2022, defendant Mitchell K. Friedlander filed an #214 unopposed motion for administrative relief requesting a page limit extension for his forthcoming motion to dismiss. Good cause appearing, the court will grant defendant Friedlander's #214 pending motion, in part, and hereby sets the following page limitations to avoid the court's further involvement: defendant Friedlander's briefing in support of his forthcoming motion to dismiss shall not exceed 35 pages; plaintiffs' opposition brief shall not exceed 35 pages; and defendant Friedlander's reply brief thereto shall not exceed 20 pages. Minute Order signed by District Judge Dale A. Drozd on 8/18/2022. (Rosales, O.) [Transferred from California Eastern on 12/8/2023.]
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| Filing 214 MOTION Exceed Page Limitations re Memorandum in Support of Motion to Dismiss Third Amended Complaint by Mitchell K. Friedlander. (Attachments: #1 Proposed Order Excess Pages)(Burbidge, Beau) [Transferred from California Eastern on 12/8/2023.] |
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Filing 213
MINUTE ORDER(Text Only Entry): On August 15, 2022, defendant Mitchell K. Friedlander filed #212 a motion for administrative relief pursuant to Local Rule 233 requesting a page limit extension for his forthcoming motion to dismiss. Because defendant Friedlander's pending #212 motion does not comply with Local Rule 233, which provides that a motion for administrative relief "must include a statement setting forth the position of all parties affected by the motion, or a statement explaining why such position could not be ascertained," L.R. 233(a)(5), defendant Friedlander's #212 motion is hereby denied without prejudice. Minute Order signed by District Judge Dale A. Drozd on 8/16/2022. (Rosales, O.) [Transferred from California Eastern on 12/8/2023.]
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| Filing 212 MOTION Exceed Page Limitations re Memorandum in Support of Motion to Dismiss Third Amended Complaint by Mitchell K. Friedlander. (Attachments: #1 Proposed Order Motion to Exceed Page Limitations)(Burbidge, Beau) [Transferred from California Eastern on 12/8/2023.] |
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Filing 211
ORDER GRANTING #209 Application for Pro Hac Vice signed by Magistrate Judge Sheila K. Oberto on 08/04/2022. Added attorney Clancey S. Henderson, PHV for Mitchell K. Friedlander. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Flores, E) [Transferred from California Eastern on 12/8/2023.]
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Filing 210
ORDER GRANTING #208 Application for Pro Hac Vice signed by Magistrate Judge Sheila K. Oberto on 08/04/2022. Added attorney Richard D. Burbidge, PHV for Mitchell K. Friedlander. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Flores, E) [Transferred from California Eastern on 12/8/2023.]
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| Filing 209 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Mitchell K. Friedlander for attorney Clancey S. Henderson to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10362882) (Burbidge, Beau) [Transferred from California Eastern on 12/8/2023.] |
| Filing 208 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Mitchell K. Friedlander for attorney Richard D. Burbidge to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10362858) (Burbidge, Beau) [Transferred from California Eastern on 12/8/2023.] |
| Filing 207 NOTICE of APPEARANCE by Beau Richard Burbidge on behalf of Mitchell K. Friedlander. Attorney Burbidge, Beau Richard added. (Burbidge, Beau) [Transferred from California Eastern on 12/8/2023.] |
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Filing 206
ORDER GRANTING JOINT STIPULATION REGARDING MOTION PRACTICE RELATED TO THE THIRD AMENDED COMPLAINT. Order signed by Magistrate Judge Sheila K. Oberto on 7/22/2022. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 205 STIPULATION and PROPOSED ORDER for Setting Briefing Schedule on Motion Practice Related to the Third Amended Complaint by Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana. (Attachments: #1 Proposed Order Granting Stipulation)(Griffith, Wesley) [Transferred from California Eastern on 12/8/2023.] |
| Filing 204 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Mitchell K. Friedlander on 6/29/2022, Answer due 8/29/2022 (Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 203 SUMMONS RETURNED EXECUTED: BR Cos, LLC served on 6/1/2022, answer due 6/22/2022; Basic Research Holdings, LLC served on 6/1/2022, answer due 6/22/2022; Basic Research Intermediate, LLC served on 6/1/2022, answer due 6/22/2022; Basic Research, LLC served on 6/7/2022, answer due 6/28/2022; Haley Blackett served on 6/10/2022, answer due 7/1/2022; Bydex Management, LLC served on 6/7/2022, answer due 6/28/2022; CRM Specialists, LLC served on 6/7/2022, answer due 6/28/2022; Gina Daines served on 6/23/2022, answer due 7/14/2022; Bodee Gay served on 6/10/2022, answer due 7/1/2022; Kimm Humphries served on 6/10/2022, answer due 7/1/2022; Limitless Worldwide, LLC served on 6/7/2022, answer due 6/28/2022; Majestic Media, LLC served on 6/7/2022, answer due 6/28/2022; Novex Biotech, LLC served on 6/7/2022, answer due 6/28/2022; Sierra Research Group, LLC served on 6/7/2022, answer due 6/28/2022. (Attachments: #1 Proof of Service Basic Research Intermediate, LLC, #2 Proof of Service Haley Blackett, #3 Proof of Service Br COS, LLC, #4 Proof of Service Gina Daines, #5 Proof of Service Bodee Gay, #6 Proof of Service Kim Humphries, #7 Proof of Service)(Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
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Filing 202
MINUTE ORDER signed by District Judge Dale A. Drozd on 7/12/2022: (Text Only Entry) The #188 Notice of Request to Seal Documents pursuant to Local Rule 141 currently set for 7/12/2022 before Magistrate Judge Sheila K. Oberto is VACATED and RESET for 7/19/2022 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The parties are also advised that in light of the ongoing public health emergency posed by the coronavirus (COVID-19) pandemic, and given the long-standing lack of judicial resources in the Eastern District of California, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. (Hernandez, M) [Transferred from California Eastern on 12/8/2023.]
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| Filing 201 NOTICE of APPEARANCE by Wesley Michael Griffith on behalf of Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana. Attorney Griffith, Wesley Michael added. (Griffith, Wesley) [Transferred from California Eastern on 12/8/2023.] |
| Filing 200 NOTICE of Telephonic Appearance by Jason M. Kerr for Defendants by Sanmedica International LLC re #188 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Sanmedica International LLC.. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 199 NOTICE OF TELEPHONIC APPEARANCE BY ANNICK M. PERSINGER FOR PLAINTIFFS by All Plaintiffs re #188 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Sanmedica International LLC.. (Persinger, Annick) [Transferred from California Eastern on 12/8/2023.] |
| Filing 198 REPLY by Sanmedica International LLC re #189 Motion to Strike,, #190 Motion for Miscellaneous Relief,. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 197
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 6/23/2022: (Text Only Entry) The Court has reviewed the parties' joint statement filed in connection with Defendant's motion for protective order directed to subpoenas issued to third parties Zions Bancorporation and Small Business Administration Holdings, Inc. (Docs. 193 & 196.) The Court observes that also pending is Defendant's prior-filed motion to strike Plaintiffs' Third Amended Complaint. (See Doc. #189 .) Defendant's motion to strike is pending before the assigned District Judge. The basis for Defendant's protective order is that the subpoenas seek irrelevant, merits-based discovery. (See Doc. #196 .) Plaintiffs respond that the discovery sought is germane to class certification and relevant because it goes to whether Defendants were the alter egos of each other, as pleaded in their Third Amended Complaint. (See id.) Because Plaintiffs' Third Amended Complaint is currently being challenged, the Court ORDERS that, in the interest of litigation economy and judicial efficiency, Defendant's pending motion for protective order (Doc. #193 ) is HELD IN ABEYANCE until Defendant's motion to strike is resolved. See, e.g., In re Morning Song Bird Food Litig., No. 12CV1592-JAH(RBB), 2013 WL 12143947, at *3 (S.D. Cal. Jan. 25, 2013) (Where, as here, the operative complaint is challenged by motion practice, "delaying discovery until the claims and defenses in the case are better defined reduces expenses, minimizes the burden of unnecessary discovery, and conserves judicial resources."). The hearing on the motion for protective order, currently set for July 6, 2022, is hereby VACATED, and a hearing will be re-set, if appropriate, after resolution of the motion to strike. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 196 STATEMENT of Joint Statement re Defendant SanMedica International, LLC's Motion for Protective Order by Defendant Sanmedica International LLC re #193 Motion for Protective Order. (Attachments: #1 Declaration of Steven Garff, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Declaration of Kelsey Elling, #11 Exhibit 1, #12 Exhibit 2, #13 Exhibit 3, #14 Exhibit 4, #15 Exhibit 5, #16 Exhibit 6, #17 Exhibit 7, #18 Exhibit 8, #19 Exhibit 9, #20 Exhibit 10, #21 Exhibit 11, #22 Proposed Order)(Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 195 EXHIBIT A, Exhbit B, and Exhibit C by Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana re #194 Opposition to Motion. (Attachments: #1 Exhibit, #2 Exhibit)(Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 194 OPPOSITION by Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana to #190 Motion for Miscellaneous Relief,. (Attachments: #1 Declaration)(Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 193 MOTION for PROTECTIVE ORDER by Sanmedica International LLC. Motion Hearing set for 7/6/2022 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 192
MINUTE ORDER signed by District Judge Dale A. Drozd on 6/7/2022: (Text Only Entry) The parties are advised that in light of the ongoing public health emergency posed by the coronavirus (COVID-19) pandemic, and given the long-standing lack of judicial resources in the Eastern District of California, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. The parties are further advised that the deadlines for filing opposition and reply briefs are governed by Local Rule 230, which was recently amended.(Hernandez, M) [Transferred from California Eastern on 12/8/2023.]
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| Filing 191 RESPONSE by Keith Barnes, Charles Berglund, Maureen Hobbs, Oskar Laffont, Erica Laroche, Ann Marie Lynch, Jeanette Mills, Sal Munoz, Raul Pizana to #188 Notice of Request to Seal Document(s). Attorney Bruce, Katherine A. added. (Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 190 MOTION by Sanmedica International LLC. Motion Hearing set for 7/19/2022 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Declaration Of Bodee Gay, #2 Declaration of Jason Kerr, #3 Declaration of Ronald Price, #4 Exhibit A of Declaration of Ronald Price, #5 Exhibit B of Declaration of Ronald Price, #6 Exhibit C of Declaration of Ronald Price, #7 E-Filing Notice D of Declaration of Ronald Price, #8 Proposed Order)(Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 189 MOTION to STRIKE Third Amended Complaint. by Sanmedica International LLC. Motion Hearing set for 7/19/2022 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Declaration Of Bodee Gay, #2 Declaration of David Parkinson, #3 Declaration of Jason Kerr, #4 Declaration of Ronald Price, #5 Exhibit A to Declaration of Ronald Price, #6 Exhibit B to Declaration of Ronald Price, #7 Exhibit C to Declaration of Ronald Price, #8 Exhibit D to Declaration of Ronald Price, #9 Proposed Order)(Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 188 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Sanmedica International LLC. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 187
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 6/1/2022: (Text Only Entry) The Court, having reviewed the parties' joint status report (Doc. 184), and in view of the anticipated motion practice directed to Plaintiff's Third Amended Complaint (see id. at #5 -7), declines to set a further Scheduling Conference at this time, in the interest of litigation economy and judicial efficiency. By no later than twenty-one days after the defendants have answered the operative complaint, the parties shall meet and confer and file a joint scheduling report that includes a proposed schedule for class certification motion briefing. A further scheduling conference will be set upon receipt of the parties' report, if appropriate. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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Filing 186
ORDER TO EXTEND DEADLINE TO RESPOND TO THIRD AMENDED COMPLAINT. Order signed by Magistrate Judge Sheila K. Oberto on 5/31/2022. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 185 STIPULATION and PROPOSED ORDER for Extension of Time to Respond to Third Amended Complaint re #175 Amended Complaint by Sanmedica International LLC. (Attachments: #1 Proposed Order to Extend Deadline to Respond to Third Amended Complaint)(Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 184 JOINT STATUS REPORT by Sanmedica International LLC. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 183
ORDER DENYING MOTIONS TO QUASH AND VACATING HEARING. Order signed by Magistrate Judge Sheila K. Oberto on 5/26/2022. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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Filing 182
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 5/24/2022: (Text Only Entry) The Court is in receipt of Defendant's "ex parte motion for extension of time to respond to and seal third amended complaint," filed May 24, 2022. (Doc. #181 .) Because Defendant requests an extension to a response deadline and to seal a publicly-filed document, such requests must be made pursuant to Local Rules 233 ("Motions for Administrative Relief") and 141 ("Sealing of Documents"), respectively. Accordingly, Defendant's ex parte request is hereby STRICKEN, and Defendant is directed to file either a stipulation regarding the relief requested, or, if agreement cannot be reached, a motion(s) in accordance with Local Rules 233 and 141. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 181 **STRICKEN** EX PARTE APPLICATION by Sanmedica International LLC for Motion for Extension of Time to Respond to and Seal Third Amended Complaint. (Attachments: #1 Declaration of Ronald F. Price, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order)(Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 180 SUMMONS ISSUED as to *Majestic Media, LLC, Novex Biotech, LLC, Sierra Research Group, LLC* with answer to complaint due within *21* days. Attorney *Annick Marie Persinger* *Tycko & Zavareei* *1970 Broadway, Suite 1070* *Oakland, CA 94612*. (Martin-Gill, S) [Transferred from California Eastern on 12/8/2023.] |
| Filing 179 SUMMONS ISSUED as to *Mitchell K. Friedlander, Bodee Gay, Kimm Humphries, Limitless Worldwide, LLC* with answer to complaint due within *21* days. Attorney *Annick Marie Persinger* *Tycko & Zavareei* *1970 Broadway, Suite 1070* *Oakland, CA 94612*. (Martin-Gill, S) [Transferred from California Eastern on 12/8/2023.] |
| Filing 178 SUMMONS ISSUED as to *Haley Blackett, Bydex Management, LLC, CRM Specialists, LLC, Gina Daines* with answer to complaint due within *21* days. Attorney *Annick Marie Persinger* *Tycko & Zavareei* *1970 Broadway, Suite 1070* *Oakland, CA 94612*. (Martin-Gill, S) [Transferred from California Eastern on 12/8/2023.] |
| Filing 177 SUMMONS ISSUED as to *BR Cos, LLC, Basic Research Holdings, LLC, Basic Research Intermediate, LLC, Basic Research, LLC* with answer to complaint due within *21* days. Attorney *Annick Marie Persinger* *Tycko & Zavareei* *1970 Broadway, Suite 1070* *Oakland, CA 94612*. (Martin-Gill, S) [Transferred from California Eastern on 12/8/2023.] |
| Filing 176 STATEMENT of Joint Statement re Defendant's Motions to Quash Subpoenas by Defendant Sanmedica International LLC re #174 Motion to Quash, #173 Motion to Quash. (Attachments: #1 Declaration of Steven W. Garff In Support of Motions to Quash Subpoenas, #2 Exhibit A - Letter to Judge Schneider re Discovery Dispute, #3 Exhibit B - Order, #4 Exhibit C - Subpoena to Zion, #5 Exhibit D - Subpoena to SBA, #6 Exhibit E - Letter re Obj. to Subpoenas Served 11-30-20, #7 Exhibit F - Letter Response to D_s 12-11-20 Ltr, #8 Declaration of Katherine Bruce ISO Plaintiff's Opposition to Motions to Quash, #9 Exhibit 1 - Emails--Corrected, #10 Exhibit 2 - Tx, #11 Exhibit 3 - Zion LTR, #12 Exhibit 4 - POS)(Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 175 THIRD AMENDED COMPLAINT against Sanmedica International LLC by Raul Pizana.(Persinger, Annick) [Transferred from California Eastern on 12/8/2023.] |
| Filing 174 MOTION to QUASH Subpoena to Zions Bancorporation, N.A. (d/b/a Zions Bank) by Sanmedica International LLC. Motion Hearing set for 6/1/2022 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 173 MOTION to QUASH Subpoena to Small Business Administration Holdings, Inc. by Sanmedica International LLC. Motion Hearing set for 6/1/2022 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 172 JOINT STATUS REPORT by Raul Pizana. (Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 171 CORPORATE DISCLOSURE STATEMENT by Defendant Sanmedica International LLC. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 170
ORDER GRANTING Plaintiff's #118 Motion to Modify the Scheduling Order and for Leave to File a Third Amended Complaint, signed by District Judge Dale A. Drozd on 04/26/2022. ( Third Amended Complaint due within 21-Day Deadline) (Martin-Gill, S)[Transferred from California Eastern on 12/8/2023.]
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| Filing 169 NOTICE of Withdrawal as Counsel of M. Morales by Raul Pizana. (Morales, Mallory) [Transferred from California Eastern on 12/8/2023.] |
| Filing 168 STATEMENT of Recent Decision by Plaintiff Raul Pizana re #118 Motion to Amend the Complaint/Petition,. (Attachments: #1 Exhibit 1)(Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 167 CLERK'S NOTICE of DOCKET CORRECTION: Please disregard, Doc. 166 ORDER re SETTLEMENT CONFERENCE was docketed in the incorrect case. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.] |
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Filing 166
***DISREGARD*** ORDER re SETTLEMENT CONFERENCE, signed by Magistrate Judge Sheila K. Oberto on 9/30/2021. Pre-Settlement Conference set for 10/27/2021 at 04:00 PM before Magistrate Judge Sheila K. Oberto. (Kusamura, W) Modified on 9/30/2021 (Kusamura, W). [Transferred from California Eastern on 12/8/2023.]
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Filing 165
STIPULATION AND ORDER RE: AMENDMENT TO PROTECTIVE ORDER RE: CONFIDENTIAL MATERIALS. Order signed by Magistrate Judge Sheila K. Oberto on 8/18/2021. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 164 STIPULATION and PROPOSED ORDER for Amendment to Protective Order re: Confidential Materials re #76 Protective Order by Raul Pizana. (Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 163 NOTICE of APPEARANCE by Kelsey Elling on behalf of Raul Pizana. Attorney Elling, Kelsey added. (Elling, Kelsey) [Transferred from California Eastern on 12/8/2023.] |
| Filing 162 NOTICE of CHANGE of ADDRESS by Ryan Jack Clarkson. (Clarkson, Ryan) [Transferred from California Eastern on 12/8/2023.] |
| Filing 161 NOTICE of APPEARANCE by Yana A. Hart on behalf of Raul Pizana. Attorney Hart, Yana A. added. (Hart, Yana) [Transferred from California Eastern on 12/8/2023.] |
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Filing 160
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 4/14/2021: (Text Only Entry) The Court held a telephonic conference on April 14, 2021. Katherine Bruce, Esq. and Annick Persinger, Esq., appeared on behalf of Plaintiff and the putative class. Jason Kerr, Esq., Steven Garff, Esq., Ronald Price, Esq., and David Parkinson, Esq., appeared on behalf of Defendant. Based on the parties' settlement conference statements, and as discussed with the parties, the Court determines that a settlement conference at this time would be premature. Accordingly, the Court hereby VACATES the Settlement Conference currently set for April 20, 2021, to be re-set after Plaintiff's pending motion to amend (Doc. #118 ) is resolved. It is hereby ORDERED that, following the ruling on the motion, parties SHALL meet and confer and file, within seven (7) days of the ruling on the motion, a joint status report setting forth (1) the status of their settlement negotiations and (2) three to four mutually agreeable dates for a productive settlement conference (the undersigned holds settlement conferences on Tuesdays and Thursdays at 10:00 a.m.).(Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 159 NOTICE OF SUBMISSION OF CONFIDENTIAL SETTLEMENT STATEMENT by Sanmedica International LLC (Boswell, Lisa) [Transferred from California Eastern on 12/8/2023.] |
| Filing 158 NOTICE PLAINTIFF RAUL PIZANAS NOTICE OF SUBMISSION OF CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT by Raul Pizana. (Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
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Filing 157
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 3/30/2021: (Text Only Entry) In view of the Notice of Withdrawal (Doc. #156 ), the Clerk of Court is hereby DIRECTED to terminate Katherine M. Aizpuru as an attorney of record for Plaintiff Raul Pizana. Annick M. Persinger and Mallory Morales of Tycko & Zavareei LLP will continue to serve as attorneys for Plaintiff in this matter. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 156 NOTICE OF WITHDRAWAL OF COUNSEL - KATHERINE M. AIZPURU by Raul Pizana. (Persinger, Annick) [Transferred from California Eastern on 12/8/2023.] |
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Filing 155
ORDER re SETTLEMENT CONFERENCE, signed by Magistrate Judge Sheila K. Oberto on 3/18/2021. Telephonic Pre-Settlement Conference set for 4/14/2021 at 04:00 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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Filing 154
ORDER DENYING DEFENDANT'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS IN RESPONSE TO SUBPOENAS DUCES TECUM TO CLARKSON LAW FIRM AND TYCHO & ZAVAREEI. Order signed by Magistrate Judge Sheila K. Oberto on 3/18/2021. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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Filing 153
MINUTE ORDER (Text Only Entry) The Court has reviewed the parties' joint status report in response to the Court's minute order entered January 5, 2021. (Doc. 132 .) A Settlement Conference is hereby set for April 20, 2021, at 10:30 A.M. before Magistrate Judge Sheila K. Oberto, as the dates proposed by the parties could not be accommodated by the Court due to the press of business. In the interest of litigation economy and judicial efficiency, the further Scheduling Conference is VACATED in light of Plaintiff's pending motion to amend the complaint, to be re-set upon resolution of the motion. By no later than thirty (30) days after ruling on the motion, the parties shall meet and confer and file a joint scheduling report that includes a proposed schedule for class certification motion briefing and otherwise complies with this Courts "Order Setting Mandatory Scheduling Conference" (Doc. #3 ) (instead of out-of-district Local Rule 16-9). A further scheduling conference will be set upon receipt of the parties' report. Minute Order signed by Magistrate Judge Sheila K. Oberto on 2/23/2021. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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Filing 152
MINUTE ORDER ***TEXT ENTRY ONLY*** The parties are GRANTED permission to appear telephonically for the upcoming Scheduling Conference set on 2/24/2021 before Judge Oberto by dialing 888-557-8511 (access code 6208204), at the time of the hearing. You shall email Courtroom Deputy Wendy Kusamura, at WKusamura@caed.uscourts.gov, to advise the court who will be appearing telephonically. Minute Order signed by Magistrate Judge Sheila K. Oberto on 2/22/2021. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 151 JOINT STATUS REPORT by Raul Pizana. (Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
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Filing 150
MINUTE ORDER (Text Only Entry)The Court has reviewed the papers filed in connection with Defendant's "Motion to Compel Production of Documents in Response to Subpoenas Duces Tecum to Clarkson Law Firm and Tycho & Zavareei" (Doc. #138 ) and finds the issues are presented with clarity in the papers. Therefore, the Court in its discretion deems the matter suitable for decision WITHOUT oral argument. As such, the hearing on the motion, currently set for February 10, 2021, is VACATED and the matter will be taken under submission as of that date. Minute Order signed by Magistrate Judge Sheila K. Oberto on 2/8/2021. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 149 NOTICE of ERRATA by Raul Pizana re #148 Statement re Discovery Disagreement,.. (Attachments: #1 Declaration OF ANNICK PERSINGER IN OPPOSITION TO DEFENDANTS MOTION TO COMPEL PLAINTIFFS COUNSELS PRODUCTION OF DOCUMENTS IN RESPONSE TO SUBPOENAS)(Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 148 JOINT STATEMENT RE: DISCOVERY DISAGREEMENT filed by Defendant Sanmedica International LLC re #138 MOTION to COMPEL Production Of Documents In Response To Subpoenas Duces Tecum To Clarkson Law Firm And Tycho & Zavareei. (Attachments: #1 Declaration of Katherine Bruce, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Garff, Steven) [Transferred from California Eastern on 12/8/2023.] |
| Filing 147 NOTICE Of Withdrawal Of Defendants Motion For Summary Adjudication Without Prejudice by Sanmedica International LLC re #117 MOTION FOR SUMMARY JUDGMENT. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 146 CERTIFICATE of SERVICE by Sanmedica International LLC re #145 Order on Motion to Quash. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 145
Order on Defendant's #113 Motion to Partially Quash or Modify Subpoena to the Federal Trade Commission, signed by Magistrate Judge Sheila K. Oberto on 1/29/2021. (Rosales, O.) [Transferred from California Eastern on 12/8/2023.]
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| Filing 144 REPLY by Raul Pizana re #139 Opposition to Motion,. (Attachments: #1 Declaration, #2 Exhibit L, #3 Exhibit M, #4 Exhibit N)(Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
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Filing 143
MINUTE ORDER signed by District Judge Dale A. Drozd on 1/22/2021: (Text Only Entry) On January 21, 2021, the parties filed a #142 joint stipulation to continue (1) the February 2, 2021 hearing date for defendant's #117 motion for summary judgment to February 16, 2021; (2) the deadline for defendant to file its reply in support of its #117 motion for summary judgment to February 9, 2021; and (3) the deadline for plaintiff to file his reply in support of his #118 motion to modify scheduling order and for leave to file third amended complaint to January 29, 2021. Good cause appearing, the court continues the hearing on defendant's #117 motion for summary judgment to February 16, 2021 and continues the reply deadlines as set out in the #142 joint stipulation. The parties are again advised that pursuant to General Order No. 617, addressing the public health emergency posed by the coronavirus (COVID-19) outbreak, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. (Thorp, J) [Transferred from California Eastern on 12/8/2023.]
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| Filing 142 STIPULATION and PROPOSED ORDER for Continue Hearing Date and Reply Deadlines by Sanmedica International LLC. (Boswell, Lisa) [Transferred from California Eastern on 12/8/2023.] |
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Filing 141
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 1/20/2021: (Text Only Entry): The Court sets the #138 MOTION to COMPEL Production Of Documents In Response To Subpoenas Duces Tecum To Clarkson Law Firm And Tycho & Zavareei : for on 2/10/2021 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 140 OPPOSITION by Raul Pizana to #117 Motion for Summary Judgment,. (Attachments: #1 PLAINTIFFS RESPONSE AND OBJECTIONS TO DEFENDANTS SEPARATE STATEMENT IN OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT, #2 PLAINTIFFS SEPARATE STATEMENT OF MATERIAL FACTS IN OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT)(Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 139 OPPOSITION by Sanmedica International LLC to #118 Motion to Amend the Complaint/Petition,. (Attachments: #1 Declaration Steven W. Garff, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 138 MOTION to COMPEL Production Of Documents In Response To Subpoenas Duces Tecum To Clarkson Law Firm And Tycho & Zavareei by Sanmedica International LLC. Motion Hearing set for 1/10/2022 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 137
ORDER GRANTING IN PART PLAINTIFF'S MOTION TO COMPEL RESUMPTION OF THE DEPOSITION OF SANMEDICA INTERNATIONAL 30(b)(6) (GINA DAINES). Order signed by Magistrate Judge Sheila K. Oberto on 1/14/2021. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| ACKNOWLEDGEMENT OF RECEIPT of Two (2) CD's containing Sealed Documents. Placed in Sealed Vault.(Text only entry) (Lundstrom, T) [Transferred from California Eastern on 12/8/2023.] |
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Filing 136
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 1/7/2021: (Text Only Entry) On January 6, 2021, Plaintiff transmitted the documents lodged in connection with his "Motion to Modify the Scheduling Order and For Leave to File Third Amended Complaint" to the Clerk of Court to be filed under seal, but failed to transmit the documents lodged in connection with his motion to compel (see Doc. #120 ), as required by the Court's January 5, 2021 minute order (Doc. 131 ). By no later than January 8, 2021, Plaintiff shall transmit the outstanding documents to the Clerk of Court as directed by E.D. Local Rule 141(e)(2) so that they may be filed on the docket, or file a statement indicating he no longer wishes to file such documents under seal and seeking that the Court vacate the order sealing the documents. (Apodaca, P) [Transferred from California Eastern on 12/8/2023.]
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| Filing 135 SEALED EVENT. (Sant Agata, S) [Transferred from California Eastern on 12/8/2023.] |
| Filing 134 SEALED EVENT. (Sant Agata, S) [Transferred from California Eastern on 12/8/2023.] |
| Filing 133 SEALED EVENT. (Sant Agata, S) [Transferred from California Eastern on 12/8/2023.] |
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Filing 132
MINUTE ORDER (Text Only Entry): Pursuant to the Court's order entered December 30, 2020 (Doc. #124 at 3), the Scheduling Order (Doc. #74 ) is hereby VACATED, and a telephonic conference to set a revised schedule with respect to Plaintiff's motion for class certification is SET for February 24, 2021 at 10:15 A.M. in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. By no later than seven (7) days prior to the conference, the parties shall meet and confer and file a joint status report that includes (1) a proposed schedule for class certification motion briefing and (2) three to four proposed dates on which a Settlement Conference (held on Tuesdays and Thursdays at 10:30 a.m.) will be set. Minute Order signed by Magistrate Judge Sheila K. Oberto on 1/5/2021. (Apodaca, P) [Transferred from California Eastern on 12/8/2023.]
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Filing 131
MINUTE ORDER : (Text Only Entry) In view of the Court having granted Plaintiff's unopposed Requests to Seal (see Docs. 120 & 130), Plaintiff shall transmit the documents covered by the sealing orders to the Clerk of Court as directed by E.D. Local Rule 141(e)(2) so that they may be filed on the docket, by no later than January 6, 2021. Minute Order signed by Magistrate Judge Sheila K. Oberto on 1/5/2021. (Apodaca, P) [Transferred from California Eastern on 12/8/2023.]
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Filing 130
ORDER GRANTING #119 Plaintiff's Unopposed Request to Seal Documents, signed by Magistrate Judge Sheila K. Oberto on 1/4/2021. (Rivera, O) [Transferred from California Eastern on 12/8/2023.]
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Filing 129
MINUTE ORDER : (Text Only Entry) The Court has reviewed the papers filed in connection with Defendant's "Motion to Partially Quash or Modify Subpoena to the Federal Trade Commission" (Doc. #113 ) and finds the issues are presented with clarity in the papers. Therefore, the Court in its discretion deems the matter suitable for decision WITHOUT oral argument. As such, the hearing on the motion, currently set for January 6, 2021, is VACATED, and the matter will be taken under submission as of that date. Minute Order signed by Magistrate Judge Sheila K. Oberto on 1/4/2021. (Apodaca, P) [Transferred from California Eastern on 12/8/2023.]
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Filing 128
MINUTE ORDER signed by District Judge Dale A. Drozd on 1/4/2021: (Text Only Entry)The parties are advised that pursuant to General Order No. 617, addressing the public health emergency posed by the coronavirus (COVID-19) outbreak, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. In accordance with Judge Drozd's Standing Order in Light of Judicial Emergency in the Eastern District of California, the hearing date selected by the movant will continue to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c). (Thorp, J) [Transferred from California Eastern on 12/8/2023.]
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| Filing 127 CERTIFICATE of SERVICE by Sanmedica International LLC re #126 Statement,. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 126 JOINT STATEMENT of SKO JOINT STATEMENT RE DEFENDANTS MOTION TO PARTIALLY QUASH OR MODIFY SUBPOENA TO THE FEDERAL TRADE COMMISSION filed by Defendant Sanmedica International LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 125
MINUTE ORDER (Text Only Entry) In view of the Court's order (Doc. #124 ) granting in part and denying in part Plaintiff's "Opposition to Defendant's Ex Parte Application and Plaintiff's Cross-Ex Parte Application Regarding Plaintiff's Motion to Amend the Complaint" (the Ex Parte Application) (Doc. #122 ), Plaintiff's request to seal documents filed in support of the Ex Parte Application (Doc. #123 ) is DENIED as moot. Minute Order signed by Magistrate Judge Sheila K. Oberto on 12/30/2020. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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Filing 124
ORDER GRANTING IN PART AND DENYING IN PART #121 Defendant's Ex Parte Application and GRANTING IN PART AND DENYING IN PART #122 Plaintiff's Ex Parte Application signed by District Judge Dale A. Drozd on 12/30/2020. Defendant's Opposition to Plaintiff's Motion to Amend due by 1/15/2021. Plaintiff's Reply due by 1/22/2021. Hearing on Plaintiff's Motion to Amend is VACATED. (Jessen, A) [Transferred from California Eastern on 12/8/2023.]
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| Filing 123 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Raul Pizana. (Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 122 OPPOSITION by Plaintiff Raul Pizana to #121 EX PARTE APPLICATION by Sanmedica International LLC for To Reschedule Hearing Date For Plaintiffs Motion For Leave To File Third Amended Complaint.. (Attachments: #1 Declaration of Katherine Bruce, #2 Proposed Order, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7)(Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 121 EX PARTE APPLICATION by Sanmedica International LLC for To Reschedule Hearing Date For Plaintiffs Motion For Leave To File Third Amended Complaint. (Attachments: #1 of Stephen Y. Ma, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 120
ORDER GRANTING PLAINTIFF'S UNOPPOSED REQUEST TO SEAL DOCUMENTS; Order signed by Magistrate Judge Sheila K. Oberto on 12/23/2020. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 119 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Raul Pizana. (Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 118 MOTION to AMEND the #53 Amended Complaint by Raul Pizana. Motion Hearing set for 1/19/2021 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Declaration, #2 Declaration, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K)(Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 117 MOTION FOR SUMMARY JUDGMENT by Sanmedica International LLC. Motion Hearing set for 2/2/2021 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Statement of Undisputed Facts, #2 Request For Judicial Notice, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Declaration of Bodee Gay, #10 Exhibit G)(Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 116
MINUTE ORDER (Text Only Entry), signed by Magistrate Judge Sheila K. Oberto on 12/18/2020. The Court has reviewed the papers filed in connection with Plaintiff's "Motion to Compel Resumption of the Deposition of SanMedica International 30(b)(6) (Gina Daines)" (Doc. #111 ) and finds the issues are presented with clarity in the papers. Therefore, the Court in its discretion deems the matter suitable for decision WITHOUT oral argument. As such, the hearing on the motion, currently set for December 23, 2020, is VACATED, and the matter will be taken under submission as of that date. (Rosales, O.) [Transferred from California Eastern on 12/8/2023.]
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| Filing 115 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Raul Pizana. (Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 114 STATEMENT by Plaintiff Raul Pizana re #111 Motion to Compel. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H, #7 Notice)(Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 113 MOTION to QUASH or Modify Subpoena to the Federal Trade Commission by Sanmedica International LLC. Motion Hearing set for 1/6/2020 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto . (Ma, Stephen) Modified on 12/14/2020 Correcting Judges name. (Thorp, J). [Transferred from California Eastern on 12/8/2023.] |
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Filing 112
MINUTE ORDER ***TEXT ENTRY ONLY** Pursuant to Plaintiff's "Notice of Withdrawal of Plaintiff's Motion Re: Discovery Disagreement for Defendant's Request to Clawback" (Doc. #110 ), Plaintiff's Motion for Discovery Challenging Defendant's Clawback (Doc. #108 ) is WITHDRAWN, and the hearing on the Motion, set for December 9, 2020, is hereby VACATED. Minute Order signed by Magistrate Judge Sheila K. Oberto on 12/3/2020. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 111 MOTION to COMPEL RESUMPTION OF THE DEPOSITION OF SANMEDICA INTERNATIONAL 30(b)(6) (GINA DAINES) by Raul Pizana. Motion Hearing set for 12/23/2020 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Bruce, Katherine)[Transferred from California Eastern on 12/8/2023.] |
| Filing 110 WITHDRAWAL of #108 Motion for Discovery filed by Raul Pizana. (Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
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Filing 109
ORDER DENYING #100 Request for Reconsideration of the Assigned Magistrate Judge's October 15, 2020 Order signed by District Judge Dale A. Drozd on 11/23/2020. (Jessen, A) [Transferred from California Eastern on 12/8/2023.]
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| Filing 108 MOTION for DISCOVERY CHALLENGING DEFENDANT'S CLAWBACK by Raul Pizana. Motion Hearing set for 12/9/2020 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Exhibit 1)(Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 107 NOTICE of APPEARANCE by Mallory Morales on behalf of Raul Pizana. Attorney Morales, Mallory added. (Morales, Mallory) [Transferred from California Eastern on 12/8/2023.] |
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Filing 106
MINUTE ORDER On November 13, 2020, the Court held a telephone conference concerning Defendant Sanmedica International, LLC's motion to compel the production of Plaintiff's unredacted medical records. (Doc. #99 .) Annick Persinger, Esq., Katherine Bruce, Esq., and Lauren Anderson, Esq., appeared on behalf of Plaintiff Raul Pizana. Steven Garff, Esq., Ronald Price, Esq., and Stephen Ma, Esq., appeared on behalf of Defendant. This Court's Local Rule 251 requires that a motion to compel "shall not be heard unless the parties have conferred and attempted to resolve their differences." Defendant agreed to meet and confer with Plaintiff in an attempt to resolve their dispute before proceeding with the discovery dispute. Accordingly, Defendant's motion to compel is DENIED WITHOUT PREJUDICE, subject to being renewed after the parties have adequately met and conferred, in accordance with Local Rule 251. Alternatively, in the unlikely event that the parties are unable to resolve their dispute, they may avail themselves of the Court's informal discovery dispute process, set forth in the undersigned's Court Procedures found here: http://www.caed.uscourts.gov/caednew/assets/File/SKO%20Web%20Info_revised_3_16_2020.pdf. Minute Order signed by Magistrate Judge Sheila K. Oberto on 11/13/2020. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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Filing 105
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 11/12/2020: (Text Entry Only) Having reviewed the parties' "Joint Statement re: Discovery Dispute" directed to Defendant's motion to compel (Docs. #99 & #104 ), the Court hereby SETS a telephonic conference for November 13, 2020, at 11:30 AM before Magistrate Judge Sheila K. Oberto. The parties shall call (888) 557-8511, access code 6208204 at the scheduled time. (Gonzales, V) [Transferred from California Eastern on 12/8/2023.]
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| Filing 104 JOINT STATEMENT RE: DISCOVERY DISAGREEMENT filed by Defendant Sanmedica International LLC. (Attachments: #1 Exhibit Exhibit A - Pizana - Responses to SM - RFPD 01-50 - Set (01) - 2020-07-13, #2 Exhibit Exhibit B - SanMedica - Request to Pizana - RFPD 01-50 - Set (01) - 2020-04-13, #3 Exhibit Exhibit C - Email dated July 17, 2020, #4 Exhibit Exhibit D - Email dated September 8, 2020, #5 Exhibit Exhibit E - Declaration of Steven Garff Supporting Defendant's Motion to Compel, #6 Exhibit Exhibit F - (Redacted) Medical History, #7 Exhibit Exhibit G - Email dated October 13, 2020, #8 Exhibit Exhibit H - (Redacted) Medical History)(Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 103 MINUTE ORDER issued by Courtroom Deputy J. Thorp for District Judge Dale A. Drozd on 11/10/2020: On October 29, 2020, defendant filed a #100 request for reconsideration of parts of the assigned magistrate judge's #97 order entered October 15, 2020. Therein, defendant also requested an extension of time to produce a privilege log in response to plaintiff's request for production No. 45. (Doc. No. 100 at 910.) Good cause appearing, the court grants defendant's request for an additional thirty days to produce the privilege log. Defendant's privilege log shall be served no later than December 14, 2020. No further extensions of time for production of the privilege log will be granted. The court will address the remainder of the #100 request for reconsideration in a subsequent order. (Thorp, J) [Transferred from California Eastern on 12/8/2023.] |
| Filing 102 OPPOSITION by Raul Pizana to #100 Motion for Reconsideration. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 101 NOTICE of APPEARANCE by Garrick P. Vanderfin on behalf of Sanmedica International LLC. Attorney Vanderfin, Garrick P. added. (Vanderfin, Garrick) [Transferred from California Eastern on 12/8/2023.] |
| Filing 100 MOTION for RECONSIDERATION by Sanmedica International LLC. (Attachments: #1 Declaration Declaration of Steven W. Garff In Support of Motion for Reconsideration)(Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 99 MOTION to COMPEL Plaintiff's Production of Documents by Sanmedica International LLC. Motion Hearing set for 11/18/2020 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 98 NOTICE of APPEARANCE by Lisa L. Boswell on behalf of Sanmedica International LLC. Attorney Boswell, Lisa L. added. (Boswell, Lisa) [Transferred from California Eastern on 12/8/2023.] |
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Filing 97
ORDER RE: PLAINTIFF'S MOTION TO COMPEL AND DEFENDANT'S MOTIONS FOR PROTECTIVE ORDER. Order signed by Magistrate Judge Sheila K. Oberto on 10/15/2020. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 96 NOTICE of APPEARANCE by Stephen Yoonkyu Ma on behalf of Sanmedica International LLC. Attorney Ma, Stephen Yoonkyu added. (Ma, Stephen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 95
MINUTE ORDER: ***TEXT ENTRY ONLY*** In view of the Notice of Withdrawal of Counsel (Doc. #93 ), the Clerk of Court is hereby DIRECTED to terminate Christopher Sullivan, Esq. as an attorney of record for Defendant. Minute Order signed by Magistrate Judge Sheila K. Oberto on 9/22/2020. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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Filing 94
MINUTE ORDER: ***TEXT ENTRY ONLY*** The Court has reviewed Plaintiff's motion to compel (Doc. 82 ), Defendant's motions for protective order (Docs. #83 & #84 ), and the parties' joint statements pursuant to Local Rule 251 (Docs. #89 , #90 , & #91 ), and finds the issues are presented with thoroughness in the papers. Therefore, the Court in its discretion deems the matters suitable for decision WITHOUT oral argument. As such, the hearing on those motions, currently set for September 23, 2020, is VACATED and the matter will be taken under submission as of that date. Minute Order signed by Magistrate Judge Sheila K. Oberto on 9/21/2020. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 93 MOTION to WITHDRAW as ATTORNEY Christopher Sullivan by Sanmedica International LLC. (Sullivan, Christopher) [Transferred from California Eastern on 12/8/2023.] |
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Filing 92
MINUTE ORDER: ***TEXT ENTRY ONLY*** The Court is in receipt of Defendant's ex parte motion to continue the hearing on Plaintiff's motion to compel (Doc. #82 ) and Defendant's motions for protective order (Docs. #83 & #84 ), currently set for September 23, 2020. (Doc. #87 .) According to the ex parte motion, the reason for the requested continuance is because "the parties' Joint Statement is due today, September 16, 2020, and the parties are unable to submit an agreed upon Joint Statement by the deadline." (Doc. #87 at 2.) The Court observes that the parties timely filed their Joint Statements directed to the discovery motions on September 16, 2020. (See Docs. #89 , #90 , & #91 .) Accordingly, the ex parte motion (Doc. 87) is hereby DENIED as MOOT. Minute Order signed by Magistrate Judge Sheila K. Oberto on 9/17/2020. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 91 JOINT STATEMENT RE: DISCOVERY DISAGREEMENT filed by Plaintiff Raul Pizana re #82 MOTION to COMPEL DISCOVERY RESPONSES . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L)(Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 90 JOINT STATEMENT RE: DISCOVERY DISAGREEMENT filed by Defendant Sanmedica International LLC. (Kerr, Jason) [Transferred from California Eastern on 12/8/2023.] |
| Filing 89 JOINT STATEMENT RE: DISCOVERY DISAGREEMENT filed by Defendant Sanmedica International LLC re #84 MOTION for PROTECTIVE ORDER . (Kerr, Jason) [Transferred from California Eastern on 12/8/2023.] |
| Filing 88 NOTICE of APPEARANCE by Katherine A. Bruce on behalf of Raul Pizana. Attorney Bruce, Katherine A. added. (Bruce, Katherine) [Transferred from California Eastern on 12/8/2023.] |
| Filing 87 NOTICE to RESCHEDULE HEARING on #84 Motion for Protective Order, #82 Motion to Compel, #83 Motion for Protective Order : Motion Hearing set for 9/30/2020 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Declaration of Ronald F. Price Supporting Defendant's Ex Parte Motion to Continue Hearing Scheduled for September 23, 2020, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Garff, Steven) [Transferred from California Eastern on 12/8/2023.] |
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Filing 86
PRO HAC VICE ORDER signed by Magistrate Judge Sheila K. Oberto on 9/11/2020. Attorney, Katherine M. Aizpuru added PHV for Raul Pizana. (Lundstrom, T) [Transferred from California Eastern on 12/8/2023.]
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| Filing 85 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Raul Pizana for attorney Katherine M. Aizpuru to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9110556) (Attachments: #1 Certificate of Good Standing)(Persinger, Annick) [Transferred from California Eastern on 12/8/2023.] |
| Filing 84 MOTION for PROTECTIVE ORDER by Sanmedica International LLC. Motion Hearing set for 9/23/2020 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Garff, Steven) [Transferred from California Eastern on 12/8/2023.] |
| Filing 83 MOTION for PROTECTIVE ORDER by Sanmedica International LLC. Motion Hearing set for 9/23/2020 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Garff, Steven) [Transferred from California Eastern on 12/8/2023.] |
| Filing 82 MOTION to COMPEL DISCOVERY RESPONSES by Raul Pizana. Motion Hearing set for 9/23/2020 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Clarkson, Ryan) [Transferred from California Eastern on 12/8/2023.] |
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Filing 81
STIPULATION and ORDER RE: FRCP 30(b)(6) DEPOSITIONS. Order signed by Magistrate Judge Sheila K. Oberto on 8/20/2020. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 80 STIPULATION and PROPOSED ORDER for FRCP 30(b)(6) DEPOSITIONS by Raul Pizana. (Clarkson, Shireen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 79 MOTION to COMPEL REASONABLE TIME TO COMPLETE FED. R. CIV. P. 30(b)(6) DEPOSITIONS by Raul Pizana. Motion Hearing set for 8/26/2020 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Clarkson, Ryan) [Transferred from California Eastern on 12/8/2023.] |
| Filing 78 NOTICE of APPEARANCE by Lauren Elizabeth Anderson on behalf of Raul Pizana. Attorney Anderson, Lauren Elizabeth added. (Anderson, Lauren) [Transferred from California Eastern on 12/8/2023.] |
| Filing 77 NOTICE of APPEARANCE by Celine Cohan on behalf of Raul Pizana. Attorney Cohan, Celine added. (Cohan, Celine) [Transferred from California Eastern on 12/8/2023.] |
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Filing 76
PROTECTIVE ORDER, signed by Magistrate Judge Sheila K. Oberto on 4/10/2020. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 75 STIPULATION and PROPOSED ORDER for Protective Order by Sanmedica International LLC. (Attachments: #1 Proposed Order Protective Order)(Garff, Steven) [Transferred from California Eastern on 12/8/2023.] |
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Filing 74
SCHEDULING ORDER; Motion for Class Certification Hearing set for 5/5/2021 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, Status Conference set for 7/8/2021 at 10:15 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, signed by Magistrate Judge Sheila K. Oberto on 3/6/2020. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 73 MINUTES (Text Only) for proceedings before Magistrate Judge Sheila K. Oberto: TELEPHONIC SCHEDULING CONFERENCE held on 3/5/2020. Court Order to follow. Plaintiffs Counsel Annick Persinger & Shireen Clarkson present. Defendants Counsel Steven Garff present. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.] |
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Filing 72
MINUTE ORDER: ***TEXT ENTRY ONLY*** The parties are encouraged to appear telephonically for the upcoming Scheduling Conference set on 3/5/2020 before Judge Oberto and may do so by dialing 888-557-8511 (access code 6208204), at the time of the hearing. You shall email Courtroom Deputy Wendy Kusamura, at WKusamura@caed.uscourts.gov, to advise the court who will be appearing telephonically. Minute Order signed by Magistrate Judge Sheila K. Oberto on 2/28/2020. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 71 JOINT STATUS REPORT by Raul Pizana. (Clarkson, Shireen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 70 STANDING ORDER in Light of Judicial Emergency in the Eastern District of California (Apodaca, P) [Transferred from California Eastern on 12/8/2023.] |
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Filing 69
ORDER DENYING DEFENDANT'S MOTIONS TO CHANGE VENUE AND STAY THIS ACTION (Doc. Nos. #57 , #59 ) signed by District Judge Dale A. Drozd on 1/29/2020. (Thorp, J) [Transferred from California Eastern on 12/8/2023.]
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Filing 68
MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 1/15/2020. The Court has reviewed preliminarily the papers filed in connection with the pending motions to change venue #57 and stay this action #59 and finds the matter suitable for decision on the papers pursuant to Local Rule 230(g). Accordingly, the hearing on those motions, currently set for 1/22/2020, is VACATED. A written decision will issue as soon as is practicable in light of the Court's extraordinarily heavy caseload. The parties are warned that civil motions and trials set before district judges in this district are likely to experience significant delays due to judicial resource shortages. All parties are encouraged to reconsider magistrate judge consent. (Thorp, J) [Transferred from California Eastern on 12/8/2023.]
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| Filing 67 REPLY by Sanmedica International LLC re #65 Opposition to Motion, #57 Motion to Change Venue,. (Attachments: #1 Exhibit A, #2 Exhibit B)(Garff, Steven) [Transferred from California Eastern on 12/8/2023.] |
| Filing 66 REPLY by Sanmedica International LLC re #59 Motion to Stay, #64 Opposition to Motion. (Garff, Steven) [Transferred from California Eastern on 12/8/2023.] |
| Filing 65 OPPOSITION by Raul Pizana to #57 Motion to Change Venue,. (Clarkson, Shireen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 64 OPPOSITION by Raul Pizana to #59 Motion to Stay,. (Clarkson, Shireen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 63 TRANSCRIPT of Proceedings held on 10-16-18, Motion to Dismiss and Motion for Venue Change before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 1/24/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/2/2020. (Hooven, K) [Transferred from California Eastern on 12/8/2023.] |
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Filing 62
MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 12/16/2019. #57 Motion to Change Venue and #59 Motion to Stay re #57 Motion to Change Venue currently set for 1/21/2020 are CONTINUED to 1/22/2020 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Thorp, J) [Transferred from California Eastern on 12/8/2023.]
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| Filing 61 TRANSCRIPT REQUEST by Raul Pizana for proceedings held on 10/16/2018 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Clarkson, Shireen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 60 ANSWER by Sanmedica International LLC. (Attachments: #1 Proof of Service)(Garff, Steven) [Transferred from California Eastern on 12/8/2023.] |
| Filing 59 MOTION to STAY re #57 Motion to Change Venue, by Sanmedica International LLC. Motion Hearing set for 1/21/2020 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Affidavit Steven W. Garff, #2 Proof of Service)(Garff, Steven) [Transferred from California Eastern on 12/8/2023.] |
| Filing 58 REQUEST for JUDICIAL NOTICE by Sanmedica International LLC in re #57 Motion to Change Venue,. (Attachments: #1 Exhibit A, #2 Proof of Service)(Garff, Steven) [Transferred from California Eastern on 12/8/2023.] |
| Filing 57 MOTION to CHANGE VENUE by Sanmedica International LLC. Motion Hearing set for 1/21/2020 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Exhibit Declaration of Bodee Gay, #2 Proof of Service)(Garff, Steven) [Transferred from California Eastern on 12/8/2023.] |
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Filing 56
MINUTE ORDER: ***TEXT ENTRY ONLY*** As defendants have not yet responded to the second amended complaint in this case, the scheduling conference currently set for 11/26/2019 is hereby CONTINUED to 3/5/2020 at 9:30 a.m., the parties SHALL file their joint scheduling report 7 days prior to the conference. Minute Order signed by Magistrate Judge Sheila K. Oberto on 11/25/2019. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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Filing 55
MINUTE ORDER: (TEXT ENTRY ONLY) The parties are encouraged to appear telephonically for the upcoming Scheduling Conference set on 11/26/2019 before Judge Oberto and may do so by dialing 888-557-8511 (access code 6208204), at the time of the hearing. You shall email Courtroom Deputy Wendy Kusamura, at WKusamura@caed.uscourts.gov, to advise the court who will be appearing telephonically. Minute Order signed by Magistrate Judge Sheila K. Oberto on 11/19/2019. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 54 JOINT SCHEDULING REPORT by Raul Pizana. (Clarkson, Shireen) [Transferred from California Eastern on 12/8/2023.] |
| Filing 53 SECOND AMENDED COMPLAINT against All Defendants by Raul Pizana.(Clarkson, Shireen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 52
MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 10/8/2019. Pursuant to the parties' stipulation (Doc. No. #51 ) and for good cause shown, the filing deadline for plaintiff's amended complaint is extended to November 13, 2019. Defendant's will have until December 13, 2019 to file a response to the amended complaint. (Thorp, J) [Transferred from California Eastern on 12/8/2023.]
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| Filing 51 STIPULATION and PROPOSED ORDER for EXTENDING DEADLINE TO FILE AMENDED COMPLAINT re #50 Order,, Order on Motion to Change Venue,, Order on Motion to Dismiss, by Raul Pizana. (Clarkson, Shireen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 50
ORDER DENYING MOTION TO CHANGE VENUE AND GRANTING IN PART DEFENDANT'S MOTION TO DISMISS (Docs. Nos. #8 , #25 , #30 , #37 ) signed by District Judge Dale A. Drozd on 9/30/2019. (Any amended complaint shall be filed within 30 days from the date of service of this order.)(Thorp, J) [Transferred from California Eastern on 12/8/2023.]
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Filing 49
MINUTE ORDER: ***TEXT ENTRY ONLY*** Due to the pending motions 8 & 25, the Scheduling Conference currently set for 9/12/2019, is CONTINUED to 11/26/2019, at 10:15 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, The parties SHALL file their joint scheduling report 7 days prior to the conference. Minute Order signed by Magistrate Judge Sheila K. Oberto on 9/5/2019. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 48 JOINT SCHEDULING REPORT by Raul Pizana. (Attachments: #1 PROOF OF SERVICE)(Clarkson, Shireen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 47
MINUTE ORDER: ***TEXT ENTRY ONLY*** Due to the pending motions #8 & #25 , the Scheduling Conference currently set for 6/27/2019, is CONTINUED to 9/12/2019, at 10:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, The parties SHALL file their joint scheduling report 7 days prior to the conference. Minute Order signed by Magistrate Judge Sheila K. Oberto on 6/25/2019. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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Filing 46
MINUTE ORDER: (TEXT ENTRY ONLY) The parties are encouraged to appear telephonically for the upcoming Scheduling Conference set on 6/27/2019 before Judge Oberto and may do so by dialing 888-557-8511 (access code 6208204), at the time of the hearing. You shall email Courtroom Deputy Wendy Kusamura, at WKusamura@caed.uscourts.gov, to advise the court who will be appearing telephonically. Minute Order signed by Magistrate Judge Sheila K. Oberto on 6/24/2019. (Rosales, O.) [Transferred from California Eastern on 12/8/2023.]
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| Filing 45 JOINT SCHEDULING REPORT by Raul Pizana. (Attachments: #1 Proof of Service)(Clarkson, Shireen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 44
MINUTE ORDER: ***TEXT ENTRY ONLY Due to the pending #8 motion to change venue and #25 motion to dismiss, the Scheduling Conference currently set for 5/7/2019, is CONTINUED to 6/27/2019, at 10:15 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, The parties SHALL file their joint scheduling report 7 days prior to the conference, signed by Magistrate Judge Sheila K. Oberto on 4/30/2019. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 43 NOTICE of APPEARANCE by Matthew Theriault on behalf of Raul Pizana. Attorney Theriault, Matthew added. (Attachments: #1 Proof of Service)(Theriault, Matthew) [Transferred from California Eastern on 12/8/2023.] |
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Filing 42
MINUTE ORDER: ***TEXT ENTRY ONLY*** Due to the pending #8 motion to change venue and #25 motion to dimiss, the Scheduling Conference currently set for 2/28/2019, is CONTINUED to 5/7/2019, at 9:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, signed by Magistrate Judge Sheila K. Oberto on 2/22/2019. (Kusamura, W) Modified on 2/25/2019 (Kusamura, W). [Transferred from California Eastern on 12/8/2023.]
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Filing 41
MINUTE ORDER: ***TEXT ENTRY ONLY*** Due to the pending #8 motion to change venue and #25 motion to dimiss, the Scheduling Conference currently set for 12/6/2018, is CONTINUED to 2/28/2019, at 9:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, signed by Magistrate Judge Sheila K. Oberto on 11/28/2018. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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| Filing 40 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 10/16/2018. #8 Motion to Change Venue and #25 Motion to Dismiss First Amended Complaint argued, and submitted. Matter is taken under submission and a written order will issue. Plaintiff's Counsel Shireen Clarkson present and Annick Persinger telephonically present. Defendant's Counsel Steven Garff telephonically present. Court Reporter/CD Number: Karen Hooven. (Thorp, J) [Transferred from California Eastern on 12/8/2023.] |
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Filing 39
MINUTE ORDER: (TIME CHANGE ONLY) signed by District Judge Dale A. Drozd on 10/11/2018; the #8 Motion to Change Venue and the #25 Motion to Dismiss First Amended Complaint on calendar 10/16/2018, WILL BE HEARD at 10:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The parties are encouraged to appear telephonically and may do so by dialing 877-402-9757 (access code 6966236) at the time of the hearing. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. Use of any feature(s) that may have an impact upon the quality of voice transmission (such as speakerphones, headsets, etc.) are prohibited; use of a land line or hand-held cell phone is required. At least 24 hours prior to the hearing, if you have not already done so, you must email Courtroom Deputy Jami Thorp, at JThorp@caed.uscourts.gov, to advise the court you will be appearing telephonically. (Thorp, J) [Transferred from California Eastern on 12/8/2023.]
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| Filing 38 DECLARATION of Steven W. Garff in support of #8 MOTION to CHANGE VENUE . (Garff, Steven) [Transferred from California Eastern on 12/8/2023.] |
| Filing 37 REQUEST for JUDICIAL NOTICE by Sanmedica International LLC in re #8 Motion to Change Venue,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Garff, Steven) [Transferred from California Eastern on 12/8/2023.] |
| Filing 36 REPLY by Sanmedica International LLC re #8 MOTION to CHANGE VENUE , #28 Opposition to Motion, #30 Request for Judicial Notice, #29 Objections. (Garff, Steven) [Transferred from California Eastern on 12/8/2023.] |
| Filing 35 REPLY by Sanmedica International LLC re #25 MOTION to DISMISS, #31 Opposition to Motion. (Attachments: #1 Exhibit A)(Garff, Steven) [Transferred from California Eastern on 12/8/2023.] |
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Filing 34
MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 9/18/2018. Pursuant to the parties' stipulation #33 and for good cause shown, the hearing on defendant's #8 motion to change venue and #25 motion to dismiss first amended complaint previously set for 10/2/2018, is CONTINUED to 10/16/2018, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Thorp, J) [Transferred from California Eastern on 12/8/2023.]
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| Filing 33 STIPULATION and PROPOSED ORDER for CONTINUING HEARING DATE re 32 Minute Order,, Set/Reset Deadlines and Hearings, by Raul Pizana. (Attachments: #1 Proof of Service)(Clarkson, Shireen) [Transferred from California Eastern on 12/8/2023.] |
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Filing 32
MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 9/6/2018. The hearing on defendant's #8 motion to change venue and #25 motion to dismiss first amended complaint previously set for 9/18/2018, is CONTINUED to 10/2/2018, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd.(Thorp, J) [Transferred from California Eastern on 12/8/2023.]
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| Filing 31 OPPOSITION by Raul Pizana to #25 MOTION to DISMISS. (Attachments: #1 Declaration Declaration of Annick M. Persinger in Support of Plaintiffs' Opposition to Defendant's Motion to Dismiss)(Persinger, Annick) [Transferred from California Eastern on 12/8/2023.] |
| Filing 30 REQUEST for JUDICIAL NOTICE by Raul Pizana in re #8 Motion to Change Venue,. (Persinger, Annick) [Transferred from California Eastern on 12/8/2023.] |
| Filing 29 OBJECTIONS by Plaintiff Raul Pizana to #8 MOTION to CHANGE VENUE . (Persinger, Annick) [Transferred from California Eastern on 12/8/2023.] |
| Filing 28 OPPOSITION by Raul Pizana to #8 MOTION to CHANGE VENUE . (Attachments: #1 Declaration Declaration of Shireen M. Clarkson in Support of Plaintiff's Opposition to Defendant's Motion to Transfer Venue)(Persinger, Annick) [Transferred from California Eastern on 12/8/2023.] |
| Filing 27 NOTICE of APPEARANCE by Steven W. Garff on behalf of Sanmedica International LLC. Attorney Garff, Steven W. added. (Garff, Steven) [Transferred from California Eastern on 12/8/2023.] |
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Filing 26
MINUTE ORDER: ***TEXT ENTRY ONLY*** A Motion to Dismiss #25 and Motion to Change Venue #8 having been filed and currently pending before the Court, the Scheduling Conference currently set for 9/6/2018, is CONTINUED to 12/6/2018, at 9:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, signed by Magistrate Judge Sheila K. Oberto on 8/14/2018. (Kusamura, W) [Transferred from California Eastern on 12/8/2023.]
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Filing 24
ORDER Granting Defendant's #23 Motion for Extension of Time to Respond to First Amended Complaint, Directing Clerk of the Court to File Proposed Motion to Dismiss the First Amended Complaint, and Setting Hearing on Motion to Dismiss the First Amended Complaint, signed by District Judge Dale A. Drozd on 7/24/2018. (1. Plaintiff is granted an extension of time to 7/23/2018 to respond to the first amended complaint; 2. The Clerk of the Court is directed to file the proposed motion to dismiss the first amended complaint (Doc. No. 23-1, Ex. 1) on the docket captioned as the motion to dismiss the first amended complaint, which is deemed filed as of 7/23/2018; and 3. A hearing on the motion to dismiss the first amended complaint is set or 9/18/2018 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd.) (Gaumnitz, R) [Transferred from California Eastern on 12/8/2023.]
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| Filing 25 MOTION to DISMISS First Amended Complaint by Sanmedica International LLC; Defendant's Notice of Motion and Memorandum of Points and Authorities in Support of Motion to Dismiss the #13 First Amended Complaint Pursuant to FED. R. CIV. P. 9(B) and 12(B)(6). Motion Hearing set for 9/18/2018, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Filed by CRD for defendant pursuant to #24 Order. (Gaumnitz, R) [Transferred from California Eastern on 12/8/2023.] |
| Filing 23 MOTION for 7-DAY EXTENSION OF TIME to Respond to First Amended Complaint re #13 Amended Complaint by Sanmedica International LLC. Motion Hearing set for 8/21/2018 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Declaration of Jack Fitzgerald)(Fitzgerald, John) [Transferred from California Eastern on 12/8/2023.] |
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Filing 22
PRO HAC VICE ORDER signed by Magistrate Judge Sheila K. Oberto on 07/18/2018. Added attorney Christopher B. Sullivan, PHV for Sanmedica International LLC.(Flores, E) [Transferred from California Eastern on 12/8/2023.]
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Filing 21
PRO HAC VICE ORDER signed by Magistrate Judge Sheila K. Oberto on 07/18/2018. Added attorney David R. Parkinson, PHV for Sanmedica International LLC. (Flores, E) [Transferred from California Eastern on 12/8/2023.]
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Filing 20
PRO HAC VICE ORDER signed by Magistrate Judge Sheila K. Oberto on 07/18/2018. Added attorney Jason Kerr, PHV for Sanmedica International LLC. (Flores, E) [Transferred from California Eastern on 12/8/2023.]
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Filing 19
PRO HAC VICE ORDER signed by Magistrate Judge Sheila K. Oberto on 07/18/2018. Added attorney Ronald F. Price, PHV for Sanmedica International LLC.(Flores, E) [Transferred from California Eastern on 12/8/2023.]
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| Filing 18 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Sanmedica International LLC for attorney Ronald Price to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7766861) (Fitzgerald, John) [Transferred from California Eastern on 12/8/2023.] |
| Filing 17 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Sanmedica International LLC for attorney Jason Kerr to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7766854) (Fitzgerald, John) [Transferred from California Eastern on 12/8/2023.] |
| Filing 16 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Sanmedica International LLC for attorney David Parkinson to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7766847) (Fitzgerald, John) [Transferred from California Eastern on 12/8/2023.] |
| Filing 15 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Sanmedica International LLC. (Filing fee $ 225, receipt number 0972-7766833) (Fitzgerald, John) [Transferred from California Eastern on 12/8/2023.] |
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Filing 14
MINUTE ORDER: (Text Only) signed by District Judge Dale A. Drozd on 7/2/2018. In light of the plaintiff's filing of a #13 first amended complaint, the defendant's #7 motion to dismiss the complaint is DENIED as having been rendered moot. (Gaumnitz, R) [Transferred from California Eastern on 12/8/2023.]
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| Filing 13 FIRST AMENDED COMPLAINT against All Defendants by Raul Pizana. (Attachments: #1 Declaration CLRA VENUE DECLARATION OF PLAINTIFF RAUL PIZANA, #2 Proof of Service)(Clarkson, Ryan) [Transferred from California Eastern on 12/8/2023.] |
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Filing 12
ORDER GRANTING Plaintiff's unopposed motion for extension of time to file amended complaint, #11 . Plaintiff's deadline to file an amended complaint pursuant to Rule 15(a)(1)(B) is EXTENDED until June 30, 2018. Order signed by Magistrate Judge Sheila K. Oberto on 6/25/2018. (Timken, A) [Transferred from California Eastern on 12/8/2023.]
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| Filing 11 EX PARTE APPLICATION by Raul Pizana for Extension of Time to File Amended Complaint. (Attachments: #1 Declaration Declaration of Annick M. Persinger in Support of Plaintiff's Ex Parte Motion For Extension of Time to File Amended Complaint, #2 Proposed Order)(Persinger, Annick) [Transferred from California Eastern on 12/8/2023.] |
| Filing 10 NOTICE of RELATED CASE 2:16-cv-07794 by Sanmedica International LLC. (Fitzgerald, John) [Transferred from California Eastern on 12/8/2023.] |
| Filing 9 CORPORATE DISCLOSURE STATEMENT by Defendant Sanmedica International LLC. (Fitzgerald, John) [Transferred from California Eastern on 12/8/2023.] |
| Filing 8 MOTION to CHANGE VENUE by Sanmedica International LLC. Motion Hearing set for 9/18/2018 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proof of Service)(Fitzgerald, John) [Transferred from California Eastern on 12/8/2023.] |
| Filing 7 MOTION to DISMISS by Sanmedica International LLC. Attorney Fitzgerald, John Joseph added. Motion Hearing set for 9/18/2018 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Declaration of Jack Fitzgerald, #2 Proof of Service)(Fitzgerald, John) [Transferred from California Eastern on 12/8/2023.] |
| Filing 6 SUMMONS RETURNED EXECUTED: Sanmedica International LLC served on 5/15/2018, answer due 6/5/2018. (Clarkson, Ryan) [Transferred from California Eastern on 12/8/2023.] |
| Filing 5 NOTICE of APPEARANCE by Annick Marie Persinger on behalf of Raul Pizana. Attorney Persinger, Annick Marie added. (Persinger, Annick) [Transferred from California Eastern on 12/8/2023.] |
| Filing 4 NOTICE of NONCOMPLIANCE With Electronic Filing Requirement (Local Rule 135(g)): Attorney Shireen M. Clarkson, NCAED is directed to register for CM/ECF. (Flores, E) [Transferred from California Eastern on 12/8/2023.] |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 9/6/2018 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Flores, E) [Transferred from California Eastern on 12/8/2023.] |
| Filing 2 SUMMONS ISSUED as to *Sanmedica International LLC* with answer to complaint due within *21* days. Attorney *Ryan Jack Clarkson* *Clarkson Law Firm, P.C.* *9255 Sunset Blvd.* *Los Angeles, CA 90069*. (Flores, E) [Transferred from California Eastern on 12/8/2023.] |
| SERVICE BY MAIL: #4 Notice of Noncompliance with Electronic Filing Requirement served on Shireen M. Clarkson NCAED. (Flores, E) [Transferred from California Eastern on 12/8/2023.] |
| Filing 1 COMPLAINT against All Defendants by Raul Pizana. Attorney Clarkson, Ryan Jack added. (Filing fee $ 400, receipt number 0972-7651442) (Attachments: #1 Civil Cover Sheet)(Clarkson, Ryan) [Transferred from California Eastern on 12/8/2023.] |
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