| Court: | cacd |
| Docket #: | 2:12-cv-09374 |
| Case Name: | Gabe Watkins v. Vital Pharmaceuticals Inc et al |
| PACER case #: | 546872 |
| Date filed: | 2012-10-31 |
| Date terminated: | 2013-11-07 |
| Assigned to: | Judge S. James Otero |
| Referred to: | Magistrate Judge Jacqueline Chooljian |
| Case Cause: | 28:1441 Notice of Removal -- Other Contract |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Gabe Watkins Plaintiff on Behalf of Himself and All Other Persons Similarly Situated |
Casey Edwards Sadler Lionel Zevi Glancy Marc L Godino |
| Vital Pharmaceuticals Inc Defendant |
Alan J Droste David J Vendler |
| General Nutrition Centers Inc Defendant |
Alan J Droste |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-10-31 | 1 | 0 | NOTICE OF REMOVAL from the Superior Court of CA, Los Angeles County, case number BC492707 with CONFORMED copies of summons and complaint. Case assigned to Judge S. James Otero, discovery to Magistrate Judge Jacqueline Chooljian; (Filing fee $ 350 PAID ); filed by defendant Vital Pharmaceuticals Inc.(esa) (mg). (Entered: 11/05/2012) | 2013-07-08 21:43:22 | b7801b754ebc5a0e942332be0e90b27f5c11c480 | |
| 2012-10-31 | 2 | 0 | CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Vital Pharmaceuticals Inc. (esa) (mg). (Entered: 11/05/2012) | |||
| 2012-10-31 | 3 | 0 | DECLARATION of RICHARD CIMINO in support of Notice of Removal, 1 filed by Defendant Vital Pharmaceuticals Inc. (esa) (mg). (Entered: 11/05/2012) | |||
| 2012-10-31 | 4 | 0 | CERTIFICATE OF SERVICE filed by defendant Vital Pharmaceuticals Inc, Notice to Adverse Party of Removal to Federal Court served on 10/31/12. (esa) (mg). (Entered: 11/05/2012) | |||
| 2012-10-31 | 5 | 0 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(esa) (Entered: 11/05/2012) | |||
| 2012-11-05 | 6 | 0 | PROOF OF SERVICE filed by defendant Vital Pharmaceuticals Inc, Proof of Service of Initial Standing Order for Cases Assigned to Judge S. James Otero served on November 2, 2012. (Vendler, David) (Entered: 11/05/2012) | |||
| 2012-11-05 | 7 | 0 | STIPULATION Extending Time to Answer the complaint as to Vital Pharmaceuticals Inc answer now due 11/13/2012, filed by defendant Vital Pharmaceuticals Inc.(Vendler, David) (Entered: 11/05/2012) | |||
| 2012-11-06 | 8 | 0 | SCHEDULING NOTICE by Judge S. James Otero. The Court refers counsel to the Court's Standing Order found on the Court's Website under Judge Otero's Procedures and Schedules. Please read this Order carefully. It governs this case and differs in some respect from the Local Rules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(vcr) TEXT ONLY ENTRY (Entered: 11/06/2012) | |||
| 2012-11-08 | 9 | 0 | PROOF OF SERVICE filed by defendant Vital Pharmaceuticals Inc, of Documents Provided by the Court served on 11/08/2012. (Vendler, David) (Entered: 11/08/2012) | |||
| 2012-11-13 | 10 | 0 | NOTICE OF MOTION AND MOTION to Dismiss Case /Plaintiff's Complaint filed by defendant Vital Pharmaceuticals Inc. Motion set for hearing on 1/14/2013 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Proposed Order)(Vendler, David) (Entered: 11/13/2012) | |||
| 2012-11-14 | 11 | 0 | SCHEDULING NOTICE by Judge S. James Otero The Court refers counsel to the Court's Standing Order found on the Court's Website under Judge Otero's Procedures and Schedules. Please read this Order carefully. It governs this case and differs in some respect from the Local Rules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(vcr) TEXT ONLY ENTRY (Entered: 11/14/2012) | |||
| 2012-11-14 | 12 | 0 | MINUTES OF IN CHAMBERS ORDER by Judge S. James Otero : Scheduling Conference set for 1/22/13 8:30 AM; Rule 26 Meeting Report due by 1/7/13 ; in order to assist counsel, court has included a schedule form for pretrial dates to be completed by counsel and submitted in conjunction with their rule 26(f) report; if case is part of ADR program, counsel must confer and jointly complete ADR Pilot Program Questionnaire and to file it concurrently with the Joint Rule 26(f) report; plaintiff counsel directed to give notice of scheduling conference to all parties. (lc) (Entered: 11/14/2012) | 2013-07-08 22:59:19 | b1a0d7f16bf953597683e81254ee7be5061f36ca | |
| 2012-11-26 | 13 | 0 | MINUTES (IN CHAMBERS) by Judge S. James Otero: Because Defendant has not met the jurisdictional requirements, the Court REMANDS this case to California Superior Court, County of Los Angeles. This action shall close. cc: order, docket, remand letter to to Los Angeles Superior court, Case number BC 492707.Case Terminated. Made JS-6 (Attachments: # 1 remand letter) (lc) (Entered: 11/26/2012) | 2012-11-27 07:16:47 | 6bb37ddab93b90f378c227ae13f1c79224b07c51 | |
| 2012-12-04 | 14 | 0 | Receipt of remanded case by Los Angeles Superior Court on 11/28/12 (lc) (Entered: 12/07/2012) | |||
| 2013-05-03 | 15 | 0 | ORDER from 9th CCA filed, CCA # 12-80221. The petition for permission to appeal pursuant to 28 U.S.C. ยง 1453(c) is granted. Within 14 days after the filing date of this order, petitionershall perfect the appeal pursuant to Federal Rule of Appellate Procedure 5(d). (See the order for the rest of the details). Order received in this district on 5/3/2013. (dmap) (Entered: 05/06/2013) | 2013-07-08 22:55:16 | c222b76c4f80e2bf99fa28c9d379e831c319e018 | |
| 2013-05-03 | 16 | 0 | Pursuant to the ninth circuit court of appeals order dated 5/3/2013 the appeal fee in the amount of $455.00 has been paid, receipt number: LA069985. (dmap) (Entered: 05/06/2013) | |||
| 2013-05-03 | 17 | 0 | NOTIFICATION by Circuit Court of Appellate Docket Number 13-55755 9th CCA. Pursuant to ninth circuit order dated 5/3/2013 15 . (dmap) (Entered: 05/07/2013) | |||
| 2013-05-20 | 18 | 0 | ORDER from 9th CCA filed, CCA # 13-55755. This matter is ordered submitted on the briefs and record without oral argument on Monday, June 3, 2013, at Pasadena, California. Order received in this district on 5/20/2013. (dmap) (Entered: 05/21/2013) | 2013-07-08 22:56:25 | ea3b055149128d3ce1d7bb6d7837553c708be3d3 | |
| 2013-07-11 | 19 | 0 | APPLICATION to the Clerk to Tax Costs against Plaintiff Gabe Watkins filed by Defendant Vital Pharmaceuticals Inc. Application set for hearing on 7/30/2013 at 11:00 AM before Clerk of Court. (Vendler, David) (Entered: 07/11/2013) | |||
| 2013-07-29 | 20 | 0 | MANDATE of 9th CCA filed re: 13-55755. The decision of the district court is reversed and remanded. (dmap) (Entered: 07/30/2013) | |||
| 2013-08-01 | 21 | 0 | INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr) (Entered: 08/01/2013) | |||
| 2013-08-01 | 22 | 0 | MINUTE ORDER IN CHAMBERS by Judge S. James Otero:The Court is in receipt of the MANDATE of 9th CCA reversing and remanding this action 20 . Accordingly, the Court sets a Mandatory Scheduling Conference on Monday, August 26, 2013 @ 8:30 a.m. The parties shall file a joint status report by August 12, 2013.(Case reopened. MD JS-5.) (lc) (Entered: 08/01/2013) | |||
| 2013-08-02 | 23 | 0 | PROOF OF SERVICE filed by defendants General Nutrition Centers Inc, Vital Pharmaceuticals Inc, re Initial Order upon Filing of Complaint 21 served on 08/01/2013. (Vendler, David) (Entered: 08/02/2013) | |||
| 2013-08-08 | 24 | 0 | SCHEDULING NOTICE UNDER SEAL FILING PROCEDURES by Judge S. James Otero. Judge Otero is participating in the Central District of Californias Pilot Project for the Electronic Submission and Filing of Under Seal Documents. The Pilot Project applies to both civil and criminal cases.Parties shall make every effort to limit the number and volume of under seal filings. In most circumstances, parties should seek to file under seal only the specific exhibits or documents for which there is a valid basis for filing under seal.When seeking the Courts approval for an under seal filing, the submitting party shall electronically file an Ex Parte Application to Seal and proposed Order through the Courts CM/ECF System pursuant to Local Rule 5-4. The Ex Parte Application and proposed Order shall not contain the information the party seeks to file under seal. The party seeking permission to file under seal shall submit to the Courts generic chambers e-mail address (sjo_chambers@cacd.uscourts.gov) PDF versions of the Ex Parte Application, proposed Order, Declaration in Support of Ex Parte Application stating the reason for the under seal filing, and the document(s) and/or exhibit(s) the party seeks to file under seal. The party shall also submit a Word or WordPerfect version of the proposed Order to the generic chambers e-mail address.Unless otherwise ordered by the Court, the submitting party shall deliver a Mandatory Chambers Copy of the Ex Parte Application, proposed Order, Declaration in Support of Ex Parte Application, and the document(s) and/or exhibit(s) the party seeks to file under seal to the Courts courtesy copy box located outside chambers no later than 12:00 p.m. on the following business day.The Pilot Project for the Electronic Submission and filing of Under Seal Documents does not apply to in camera submissions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY (Entered: 08/08/2013) | |||
| 2013-08-12 | 25 | 0 | JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8 days, filed by Defendants General Nutrition Centers Inc, Vital Pharmaceuticals Inc.. (Attachments: # 1 Exhibit A)(Menjou, Christopher) (Entered: 08/12/2013) | |||
| 2013-08-23 | 26 | 0 | REQUEST to Substitute attorney Alan J. Droste in place of attorney David J. Vendler filed by Defendant Vital Pharmaceuticals Inc. (Attachments: # 1 Proposed Order)(Droste, Alan) (Entered: 08/23/2013) | |||
| 2013-08-23 | 27 | 0 | REQUEST to Substitute attorney Alan J. Droste in place of attorney David J. Vendler filed by Defendant General Nutrition Centers Inc. (Attachments: # 1 Proposed Order)(Droste, Alan) (Entered: 08/23/2013) | |||
| 2013-08-26 | 28 | 0 | ORDER by Judge S. James Otero: granting 27 Request to Substitute Attorney Alan J. Droste as attorney of record instead of David J. Vendler for Defendant General Nutrition Centers, Inc. Attorney David J. Vendler terminated (lt) (Entered: 08/26/2013) | |||
| 2013-08-26 | 29 | 0 | ORDER by Judge S. James Otero: granting 26 Request to Substitute Attorney Alan J. Droste as attorney of record for Defendant of Vital Pharmaceuticals, Inc. instead of David J. Vendler. Attorney David J Vendler terminated (lt) (Entered: 08/26/2013) | |||
| 2013-08-26 | 30 | 0 | MINUTES OF Scheduling Conference held before Judge S. James Otero, ORDER by Judge S. James Otero. Hearing held. The Court sets the following schedule:Jury Trial: Tuesday, September 16, 2014 @ 9:00 a.m.; Pretrial Conference: Tuesday, September 2, 2014 @ 9:00 a.m.; Motion Cutoff: Monday, July 21, 2014 @ 10:00 a.m.; Discovery Cutoff: Monday, June 16, 2014. Plaintiff shall file amended complaint by September 3, 2013. The motion to dismiss shall be filed by September 20, 2013; Opposition due October 4, 2013; Reply due October 9, 2013; Hearing Monday, October 21, 2013 @ 10:00 a.m. The motion for class certification shall be filed by January 13, 2014; Opposition due February 3, 2014; Reply due February 10, 2014; Hearing Monday, February 24, 2014 @ 10:00 a.m. Court Recorder: CS 08/26/2013. (cch) (Entered: 08/26/2013) | |||
| 2013-09-03 | 31 | 0 | AMENDED COMPLAINT against defendants General Nutrition Centers Inc, Vital Pharmaceuticals Inc amending complaint within the Notice of Removal 1 Jury Demand filed by plaintiff Gabe Watkins (lc) (Entered: 09/06/2013) | 2013-11-11 19:22:25 | 61ff13f6f6abf49610f81e6e0f6feffe8b2467be | |
| 2013-09-20 | 32 | 0 | NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants General Nutrition Centers Inc, Vital Pharmaceuticals Inc. Motion set for hearing on 10/21/2013 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Alan J Droste and Exhibit 1)(Droste, Alan) (Entered: 09/20/2013) | |||
| 2013-09-20 | 33 | 0 | REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss First Amended Complaint 32 and Exhibits A through G filed by Defendants General Nutrition Centers Inc, Vital Pharmaceuticals Inc. (Droste, Alan) (Entered: 09/20/2013) | |||
| 2013-09-20 | 34 | 0 | NOTICE OF LODGING filed re Proposed Order re MOTION to Dismiss First Amended Complaint 32 (Attachments: # 1 Proposed Order Granting Motion to Dismiss FAC)(Droste, Alan) (Entered: 09/20/2013) | |||
| 2013-09-30 | 35 | 0 | MEMORANDUM in Opposition to MOTION to Dismiss First Amended Complaint 32 filed by Plaintiff Gabe Watkins. (Godino, Marc) (Entered: 09/30/2013) | |||
| 2013-09-30 | 36 | 0 | DECLARATION of Marc L. Godino re MEMORANDUM in Opposition to Motion 35 filed by Plaintiff Gabe Watkins. (Attachments: # 1 Exhibit 1 - Photographic Image, # 2 Exhibit 2 - Photographic Image)(Godino, Marc) (Entered: 09/30/2013) | |||
| 2013-10-03 | 37 | 0 | MINUTES (IN CHAMBERS) by Judge S. James Otero: The Court finds this matter suitable for disposition without oral argument and vacates the hearingre MOTION to Dismiss First Amended Complaint filed by Defendants General NutritionCenters Inc, Vital Pharmaceuticals Inc. 32 , set for October 21, 2013. (lc) (Entered: 10/03/2013) | |||
| 2013-10-03 | 38 | 0 | NOTICE OF APPLICATION TO THE CLERK TO TAX COSTS IS MOOT by Judge S. James Otero. The Court deems the APPLICATION to the Clerk to Tax Costs against Plaintiff Gabe Watkins filed by Defendant Vital Pharmaceuticals Inc. 19 moot and taken off its calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY (Entered: 10/03/2013) | |||
| 2013-10-08 | 39 | 0 | REPLY in Support MOTION to Dismiss First Amended Complaint 32 filed by Defendants General Nutrition Centers Inc, Vital Pharmaceuticals Inc. (Droste, Alan) (Entered: 10/08/2013) | |||
| 2013-11-07 | 40 | 0 | MINUTES (IN CHAMBERS) by Judge S. James Otero: The Court GRANTS Defendants' Motion to Dismiss 32 . The Court DISMISSES WITHOUT PREJUDICE Plaintiff's Amended Class Action Complaint. This action shall close. (MD JS-6. Case Terminated) (lc) (Entered: 11/07/2013) | 2013-11-08 11:45:27 | 3770a1bc21c4c8eff67c387f5949a16978a2fb16 |