Case details

Court: casd
Docket #: 3:15-cv-00595
Case Name: Obesity Research Institute, LLC v. Fiber Research International, LLC et al
PACER case #: 470019
Date filed: 2015-03-16
Date of last filing: 2017-05-17
Assigned to: Judge Cynthia Bashant
Referred to: Magistrate Judge Mitchell D. Dembin
Case Cause: 15:1125
Nature of Suit: 890 Other Statutory Actions
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Obesity Research Institute, LLC
Counter Defendant
a California limited liability company		 
Amanda R. Abeln
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard P Sybert
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Scott J. Ferrell
(See above for address)
TERMINATED: 09/22/2015
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sean Flaherty
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David W. Reid
(See above for address)
TERMINATED: 09/22/2015
ATTORNEY TO BE NOTICED

Patrick J Mulkern
(See above for address)
ATTORNEY TO BE NOTICED

Richard H Hikida
(See above for address)
TERMINATED: 09/22/2015
ATTORNEY TO BE NOTICED
Fiber Research International, LLC
Counter Claimant
a Nevada limited liability company		 
Christopher Sullivan
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

David R. Parkinson
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Jack Fitzgerald
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jason Kerr
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Ronald F. Price
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Melanie Rae Persinger
(See above for address)
ATTORNEY TO BE NOTICED

Trevor Flynn
(See above for address)
ATTORNEY TO BE NOTICED
DOES 1-10, inclusive
Defendant
Shimizu Chemical Corporation
Defendant
 
Jack Fitzgerald
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Advanced Botanical Consulting & Testing, Inc.
Respondent
Nutralliance, Inc.
Miscellaneous Party

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2015-03-16 1 0 COMPLAINT with Jury Demand against Fiber Research Institute, LLC, Does 1-10 (Filing Fee $400, Receipt Number CAS071103), filed by Obesity Research Institute, LLC. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:15-cv-595-BAS-MDD. Judge Cynthia Bashant and Magistrate Judge Mitchell D. Dembin are assigned to the case. (Scott J. Ferrell) (jah). Modified on 5/13/2015 - Corrected text. Regenerated NEF (jah). (Entered: 03/20/2015)
2015-03-16 2 0 NOTICE of Party With Financial Interest by Obesity Research Institute, LLC. (jah) (Entered: 03/20/2015)
2015-03-16 3 0 WITHDRAWN BY FILER ON 3/20/2015 PER NOTICE OF WITHDRAWAL OF DOCUMENT 4 - MOTION to Seal Case by Obesity Research Institute, LLC. (jah). Modified on 3/20/2015 - Edited to reflect as withdrawn. Motion and judge association termed (jah). (Entered: 03/20/2015) 2016-10-05 14:19:39 44b2df3adb9fc9d00811dc9cddac43956046c950
2015-03-20 4 0 NOTICE OF WITHDRAWAL OF DOCUMENT by Obesity Research Institute, LLC re 3 MOTION to Seal Case filed by Obesity Research Institute, LLC. (jah) (Entered: 03/20/2015)
2015-03-20 5 0 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jah) (Entered: 03/20/2015)
2015-03-26 6 0 NOTICE of Appearance by David W. Reid on behalf of Obesity Research Institute, LLC (Reid, David). Attorney David W. Reid added to party Obesity Research Institute, LLC (pty:pla). Modified on 3/27/2015 - No proof of service. QC Email sent to file proof of service (jah). (Entered: 03/26/2015)
2015-03-26 7 0 NOTICE of Appearance by Richard H Hikida on behalf of Obesity Research Institute, LLC (Hikida, Richard). Attorney Richard H Hikida added to party Obesity Research Institute, LLC (pty:pla). Modified on 3/27/2015 - No proof of service. QC Email sent to file proof of service (jah). (Entered: 03/26/2015)
2015-03-30 8 0 SUMMONS Returned Executed by Obesity Research Institute, LLC. Fiber Research International, LLC served. (Ferrell, Scott). (jah). (Entered: 03/30/2015)
2015-04-09 9 0 Corporate Disclosure Statement by Fiber Research International, LLC. (Attachments: # 1 Proof of Service)(Fitzgerald, Jack) (kcm). (Entered: 04/09/2015)
2015-04-09 10 0 NOTICE of Appearance by Jack Fitzgerald, IV on behalf of Fiber Research International, LLC (Attachments: # 1 Proof of Service)(Fitzgerald, Jack)Attorney Jack Fitzgerald, IV added to party Fiber Research International, LLC(pty:dft) (kcm). (Entered: 04/09/2015)
2015-04-09 11 0 Ex Parte MOTION for Extension of Time to File Response to Complaint by Fiber Research International, LLC. (Attachments: # 1 Declaration of Jack Fitzgerald, # 2 [Proposed] Order)(Fitzgerald, Jack) (QC Mailer sent re: Proposed Order) (kcm). (Entered: 04/09/2015)
2015-04-09 12 0 SUPPLEMENTAL DOCUMENT by Fiber Research International, LLC re 11 Ex Parte MOTION for Extension of Time to File Response to Complaint Exhibits 1-2 to the Declaration of Jack Fitzgerald in Support of Defendant's Ex Parte Application for Extension of Time to Respond to Complaint. (Fitzgerald, Jack) (kcm). (Entered: 04/09/2015)
2015-04-09 13 0 CERTIFICATE OF SERVICE by Fiber Research International, LLC re 11 Ex Parte MOTION for Extension of Time to File Response to Complaint, 12 Supplemental Document, (Fitzgerald, Jack) (kcm). (Entered: 04/09/2015)
2015-04-10 14 0 RESPONSE to Motion re 11 Ex Parte MOTION for Extension of Time to File Response to Complaint filed by Obesity Research Institute, LLC. (Ferrell, Scott). (jah). (Entered: 04/10/2015)
2015-04-10 15 0 DECLARATION of Scott J. Ferrell re 14 Response to Motion by Plaintiff Obesity Research Institute, LLC. (Attachments: # 1 Exhibit Table of Exhibits, # 2 Exhibit 1 to Declaration of S. Ferrell, # 3 Exhibit 2 to Declaration of S. Ferrell)(Ferrell, Scott). Modified on 4/13/2015 - Edited text (jah). (Entered: 04/10/2015)
2015-04-13 16 0 ANSWER with Jury Demand to 1 Complaint; COUNTERCLAIM against Obesity Research Institute, LLC by Fiber Research International, LLC.(Fitzgerald, Jack). Modified on 4/14/2015 - No proof of service. QC Email sent to file proof of service (jah). (Entered: 04/13/2015)
2015-04-14 17 0 CERTIFICATE OF SERVICE by Fiber Research International, LLC re 16 Answer to Complaint, Counterclaim (Fitzgerald, Jack). (jah). (Entered: 04/14/2015)
2015-04-14 18 0 NOTICE of Appearance by James B. Hardin on behalf of Obesity Research Institute, LLC (Hardin, James). Attorney James B. Hardin added to party Obesity Research Institute, LLC (pty:pla). (jah). (Entered: 04/14/2015)
2015-04-15 19 0 NOTICE of Appearance by Tran Hai Thi Nguyen on behalf of Fiber Research International, LLC (Nguyen, Tran)Attorney Tran Hai Thi Nguyen added to party Fiber Research International, LLC (pty:dft). Modified on 4/15/2015 - No Proof of Service. QC Email sent to file Proof of Service (jah). (Entered: 04/15/2015)
2015-04-15 20 0 CERTIFICATE OF SERVICE by Fiber Research International, LLC re 19 Notice of Appearance, (Nguyen, Tran). (jah). (Entered: 04/15/2015)
2015-04-15 21 0 NOTICE of Appearance by Trevor Flynn on behalf of Fiber Research International, LLC (Attachments: # 1 Proof of Service)(Flynn, Trevor). Attorney Trevor Flynn added to party Fiber Research International, LLC(pty:dft), Attorney Trevor Flynn added to party Fiber Research International, LLC(pty:cc). (jah). (Entered: 04/15/2015)
2015-04-16 22 0 ORDER denying Defendant's 11 Ex Parte Motion for Extension of Time to File Answer to Complaint. Signed by Judge Cynthia Bashant on 4/16/2015. (jah) (Entered: 04/16/2015)
2015-04-16 23 0 FILED IN WRONG CASE IN ERROR. MINUTE ORDER (jah). Modified on 4/16/2015 - Image removed. Hearing termed (jah). (Entered: 04/16/2015)
2015-04-16 24 0 MOTION to Strike 9 Corporate Disclosure Statement by Obesity Research Institute, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of S. Ferrell, # 3 Exhibit Table, # 4 Exhibit 1 to Dec. of S. Ferrell, # 5 Exhibit 2 to Dec. of S. Ferrell, # 6 Exhibit 3 to Dec. of S. Ferrell, # 7 Exhibit 4 to Dec. of S. Ferrell, # 8 Exhibit 5 to Dec. of S. Ferrell, # 9 Exhibit 6 to Dec. of S. Ferrell, # 10 Exhibit 7 to Dec. of S. Ferrell, # 11 Exhibit 8 to Dec. of S. Ferrell, # 12 Exhibit 9 to Dec. of S. Ferrell, # 13 Exhibit 10 to Dec. of S. Ferrell, # 14 Exhibit 11 to Dec. of S. Ferrell, # 15 Exhibit 12 to Dec. of S. Ferrell, # 16 Exhibit 13 to Dec. of S. Ferrell, # 17 Exhibit 14 to Dec. of S. Ferrell, # 18 Exhibit 15 to Dec. of S. Ferrell, # 19 Exhibit 16 to Dec. of S. Ferrell)(Ferrell, Scott). (jah). (Entered: 04/16/2015)
24 1 Memo of Points and Authorities
24 2 Declaration of S. Ferrell
24 3 Exhibit Table
24 4 Exhibit 1 to Dec. of S. Ferrell
24 5 Exhibit 2 to Dec. of S. Ferrell
24 6 Exhibit 3 to Dec. of S. Ferrell
24 7 Exhibit 4 to Dec. of S. Ferrell
24 8 Exhibit 5 to Dec. of S. Ferrell
24 9 Exhibit 6 to Dec. of S. Ferrell
24 10 Exhibit 7 to Dec. of S. Ferrell
24 11 Exhibit 8 to Dec. of S. Ferrell
24 12 Exhibit 9 to Dec. of S. Ferrell
24 13 Exhibit 10 to Dec. of S. Ferrell
24 14 Exhibit 11 to Dec. of S. Ferrell
24 15 Exhibit 12 to Dec. of S. Ferrell
24 16 Exhibit 13 to Dec. of S. Ferrell
24 17 Exhibit 14 to Dec. of S. Ferrell
24 18 Exhibit 15 to Dec. of S. Ferrell
24 19 Exhibit 16 to Dec. of S. Ferrell
2015-04-27 25 0 NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 5/13/2015 09:30 AM before Magistrate Judge Mitchell D. Dembin. Signed by Magistrate Judge Mitchell D. Dembin on 4/27/2015. (jah) (Entered: 04/27/2015)
2015-05-01 26 0 RESPONSE in Opposition re 24 MOTION to Strike 9 Corporate Disclosure Statement filed by Fiber Research International, LLC. (Attachments: # 1 Declaration of John Alkire, # 2 Certificate of Service)(Fitzgerald, Jack). (jah). (Entered: 05/01/2015)
26 1 Declaration of John Alkire
26 2 Certificate of Service
2015-05-07 27 0 MOTION to Strike Affirmative Defenses re 16 Answer to Complaint, Counterclaim, MOTION to Dismiss Defendant's Counterclaims by Obesity Research Institute, LLC. (Attachments: # 1 Memo of Points and Authorities)(Ferrell, Scott). Modified on 5/8/2015 - Edited text (jah). (Entered: 05/07/2015)
2015-05-08 28 0 Ex Parte MOTION to Continue Early Neutral Evaluation Conference by Fiber Research International, LLC. (Attachments: # 1 Declaration of Trevor Flynn, # 2 Proof of Service)(Flynn, Trevor). (jah). (Entered: 05/08/2015)
2015-05-08 29 0 RESPONSE in Opposition re 28 Ex Parte MOTION to Continue Early Neutral Evaluation Conference filed by Obesity Research Institute, LLC. (Attachments: # 1 Declaration of S. Ferrell, # 2 Table of Exhibits, # 3 Exhibit 1 to Dec. of S. Ferrell)(Ferrell, Scott) (Entered: 05/08/2015)
2015-05-11 30 0 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8062165.) (Application to be reviewed by Clerk.) (Kerr, Jason) (vam). (Entered: 05/11/2015)
2015-05-11 31 0 ORDER denying 28 Defendant's Ex Parte MOTION to Continue Early Neutral Evaluation Conference. The motion to continue the Early Neutral Evaluation ("ENE") is DENIED. The pendency of Plaintiff's motion to strike the answer and counterclaims is not good cause to continue the ENE. Counsel and party-representatives with full authority to engage in meaningful settlement negotiations are to appear as ordered on May 13, 2015, at 9:30 am in the chambers of Magistrate Judge Dembin. Signed by Magistrate Judge Mitchell D. Dembin on 5/11/15. (no document attached) (Dembin, Mitchell) (Entered: 05/11/2015)
2015-05-11 32 0 PRO HAC APPROVED: Jason Kerr appearing for Defendant Fiber Research International, LLC. (no document attached) (vam) (Entered: 05/11/2015)
2015-05-11 33 0 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8062716.) (Application to be reviewed by Clerk.) (Sullivan, Christipher) (vam). (Entered: 05/11/2015)
2015-05-11 34 0 PRO HAC APPROVED: Christopher Sullivan appearing for Defendant Fiber Research International, LLC, Counter Claimant Fiber Research International, LLC. (no document attached) (vam) (Entered: 05/11/2015)
2015-05-11 35 0 REPLY to Response to Motion re 24 MOTION to Strike 9 Corporate Disclosure Statement filed by Obesity Research Institute, LLC. (Ferrell, Scott). (jah). (Entered: 05/11/2015)
2015-05-13 36 0 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Early Neutral Evaluation Conference held on 5/13/2015. No settlement at this time. Order to follow. (CD# 5/13/2015 n/a). (Plaintiff Attorney Scott Ferrell, David Reid). (Defendant Attorney Jason Kerr, Jack Fitzgerald). (Josh Weiss, Plaintiff Representative, Henny den Vijl, Plaintiff Representative. John Alkire, Defendant Representative).(no document attached) (atk) (Entered: 05/13/2015)
2015-05-15 37 0 Order Following ENE. Early Neutral Evaluation Conference was held on 5/13/2015. Rule 26(f) conference shall be completed by 6/8/2015. Discovery plan shall be lodged with Magistrate Judge Dembin by 6/18/2015. Telephonic Case Management Conference set for 6/25/2015 09:15 AM before Magistrate Judge Mitchell D. Dembin. Signed by Magistrate Judge Mitchell D. Dembin on 5/15/2015. (jah) (Entered: 05/15/2015) 2016-10-05 14:18:52 97fa5d8988024cbd952ad869432149280f3b8bca
2015-05-14 38 0 NOTICE of Teleconference Information Sheet, re 37 Order Following ENE. (cap) (Entered: 05/15/2015)
2015-05-23 39 0 NOTICE of Intent to Amend Counterclaims; RESPONSE in Opposition re 27 MOTION to Strike Affirmative Defenses MOTION to Dismiss Defendant's Counterclaims filed by Fiber Research International, LLC. (Attachments: # 1 Proof of Service)(Fitzgerald, Jack). Modified on 5/26/2015 - Edited text (jah). (Entered: 05/23/2015)
2015-05-27 40 0 REPLY to Response to Motion re 27 MOTION to Strike Affirmative Defenses, MOTION to Dismiss Defendant's Counterclaims filed by Obesity Research Institute, LLC. (Ferrell, Scott). (jah). (Entered: 05/27/2015)
2015-05-28 41 0 ANSWER with Jury Demand, First AMENDED COUNTERCLAIM against Obesity Research Institute, LLC, filed by Fiber Research International, LLC. (Attachments: # 1 Certificate of Service) (Fitzgerald, Jack). Modified on 5/29/2015 - Wrong event. Corrected text to match pleading (jah). (Entered: 05/28/2015) 2016-10-05 14:09:03 2e7a6800917a17581e7fa906e940c5278834185a
41 1 Certificate of Service
2015-06-15 42 0 MOTION to Strike Affirmtive Defense in Answer 41 Amended Counterclaim, by Obesity Research Institute, LLC. (Attachments: # 1 Memo of Points and Authorities)(Ferrell, Scott). (jah). (Entered: 06/15/2015)
2015-06-15 43 0 MOTION to Dismiss First Amended Counterclaims by Obesity Research Institute, LLC. (Attachments: # 1 Memo of Points and Authorities)(Ferrell, Scott). (jah). (Entered: 06/15/2015)
2015-06-16 44 0 NOTICE of Appearance by Melanie Rae Persinger on behalf of Fiber Research International, LLC (Attachments: # 1 Proof of Service)(Persinger, Melanie). Attorney Melanie Rae Persinger added to party Fiber Research International, LLC(pty:dft), Attorney Melanie Rae Persinger added to party Fiber Research International, LLC(pty:cc). (jah). (Entered: 06/16/2015)
2015-06-25 45 0 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Telephonic Case Management Conference held on 6/25/2015. Order to follow.(Plaintiff Attorneys Jack Fitzgerald, Jason Kerr). (Defendant Attorneys Scott Ferrell, David Reid). (no document attached) (atk) (Entered: 06/25/2015)
2015-06-30 46 0 SCHEDULING ORDER: Case Management Conference was held on 6/25/2015. Any motion to join other parties, to amend the pleadings, or to file additional pleadings shall be filed by 7/27/2015. All motions, other than motions to amend or join parties, or motions in limine shall be filed by 1/22/2016. Any Daubert motions shall be filed along with motions for summary judgment unless no motions for summary judgment will be filed, in which case parties may file Daubert motions along with motions in limine. Mandatory Settlement Conference set for 1/14/2016 09:30 AM before Magistrate Judge Mitchell D. Dembin. Neither party is required to file Memoranda of Contentions of Fact and Law pursuant to Civil Local Rule 16.1.f.2. Proposed Pretrial Order due by 5/2/2016. Final Pretrial Conference set for 5/16/2016 11:00 AM before Judge Cynthia Bashant. All motions in limine are due by 5/30/2016. All responses to the motions in limine are due by 6/13/2016. Parties shall submit by 6/13/2016: 1) joint proposed jury instructions, 2) proposed verdict form, 3) voir dire questions, and 4) statement of the case. Motion In Limine Hearing set for 7/5/2016 10:30 AM before Judge Cynthia Bashant. Jury Trial set for 7/12/2016 09:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Mitchell D. Dembin on 6/30/2015. (jah) (Entered: 07/01/2015)
2015-07-06 47 0 RESPONSE in Opposition re 42 MOTION to Strike Affirmative Defense in Answer 41 Amended Counterclaim filed by Fiber Research International, LLC. (Fitzgerald, Jack). (jah). (Entered: 07/06/2015)
2015-07-06 48 0 RESPONSE in Opposition re 43 MOTION to Dismiss First Amended Counterclaims filed by Fiber Research International, LLC. (Fitzgerald, Jack). (jah). (Entered: 07/06/2015)
2015-07-06 49 0 CERTIFICATE OF SERVICE by Fiber Research International, LLC re 48 Response in Opposition to Motion, 47 Response in Opposition to Motion (Fitzgerald, Jack). (jah). (Entered: 07/06/2015)
2015-07-13 50 0 REPLY to Response to Motion re 43 MOTION to Dismiss First Amended Counterclaims filed by Obesity Research Institute, LLC. (Ferrell, Scott). (jah). (Entered: 07/13/2015)
2015-07-13 51 0 REPLY to Response to Motion re 42 MOTION to Strike Affirmative Defense in Answer 41 Amended Counterclaim filed by Obesity Research Institute, LLC. (Ferrell, Scott). (jah). (Entered: 07/13/2015)
2015-07-22 52 0 MOTION for Leave to File First Amended Complaint by Obesity Research Institute, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Table of Exhibits, # 4 Exhibit 1 to the Declaration of S. Ferrell, # 5 Exhibit 2 to the Declaration of S. Ferrell, # 6 Exhibit 3 to the Declaration of S. Ferrell, # 7 Exhibit 4 to the Declaration of S. Ferrell, # 8 Exhibit 5 to the Declaration of S. Ferrell, # 9 Exhibit 6 to the Declaration of S. Ferrell, # 10 Exhibit 7 to the Declaration of S. Ferrell)(Ferrell, Scott). (jah). (Entered: 07/22/2015)
2015-07-22 53 0 DOCKETED IN WRONG CASE IN ERROR - Order Following ENE. Modified on 7/23/2015 - Entered in wrong case. Re-docketed in correct case. Image removed (jah). (Entered: 07/23/2015)
2015-08-10 54 0 RESPONSE in Opposition re 52 MOTION for Leave to File First Amended Complaint filed by Fiber Research International, LLC. (Attachments: # 1 Certificate of Service)(Fitzgerald, Jack). (jah). (Entered: 08/10/2015)
2015-08-17 55 0 REPLY to Response to Motion re 52 MOTION for Leave to File First Amended Complaint filed by Obesity Research Institute, LLC. (Ferrell, Scott). (jah). (Entered: 08/17/2015)
2015-09-21 56 0 MOTION to Substitute Attorney by Obesity Research Institute, LLC. (Abeln, Amanda). Modified on 9/22/2015 - Has s/ of different atty, not filing atty. Not a Joint Motion, signed by Pla's counsel only. QC Email sent re ECF signature policy. Removed "Joint" from text (jah). (Entered: 09/21/2015)
2015-09-21 57 0 Joint MOTION for Extension of Time to File Motions to Compel by Fiber Research International, LLC. (Fitzgerald, Jack). (jah). (Entered: 09/21/2015)
2015-09-22 58 0 ORDER granting Plaintiff's 56 Motion to Substitute Attorney. Court approves the substitution of Attorneys Amanda R. Abeln, Sean Flaherty, Richard P Sybert as counsel of record for Obesity Research Institute, LLC in place of Attorneys Richard H Hikida, David W. Reid, Scott J. Ferrell and James B. Hardin. Signed by Judge Cynthia Bashant on 9/22/2015. (jah) (Entered: 09/22/2015)
2015-09-23 59 0 ORDER granting 57 Joint Motion to Extend Parties' Time to File Motions to Compel. Upon review, the Court finds good cause to extend the deadline to October 5, 2015, to bring discovery disputes before the Court. Signed by Magistrate Judge Mitchell D. Dembin on 9/23/15. (no document attached) (atk) (Entered: 09/23/2015)
2015-10-05 60 0 Joint MOTION for Determination of Dispute re FRI's Discovery Requests by Fiber Research International, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Compliance)(Fitzgerald, Jack). Modified on 10/6/2015 - Corrected text to match pleading (jah). (Entered: 10/05/2015) 2016-10-06 15:05:20 32e1c2421fe0ec8b35e466ebd0b65258c87ac5b4
60 1 Memo of Points and Authorities
60 2 Declaration of Compliance
2015-10-05 61 0 Joint MOTION for Determination of Discovery Dispute by Obesity Research Institute, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Separate Statement, # 3 Declaration of Richard P. Sybert)(Sybert, Richard). Modified on 10/6/2015 - Corrected text to match pleading (jah). (Entered: 10/05/2015) 2016-10-06 15:35:06 4d623931719588b2749b12705652a71a7d245260
61 1 Memo of Points and Authorities
61 2 Separate Statement
61 3 Declaration of Richard P. Sybert
2015-10-05 62 0 Joint MOTION for Determination of Discovery Dispute Regarding Protective Order by Obesity Research Institute, LLC. (Attachments: # 1 Exhibit 1 to Joint Motion, # 2 Declaration of Richard P. Sybert)(Sybert, Richard). Modified on 10/6/2015 - Edited text (jah). (Entered: 10/05/2015)
2015-10-09 63 0 Joint MOTION to Amend 46 Scheduling Order by Obesity Research Institute, LLC. (Attachments: # 1 Declaration Declaration of Sean D. Flaherty, # 2 Declaration Declaration of Richard P. Sybert, # 3 Declaration Declaration of Jack Fitzgerald, # 4 Proof of Service Certificate of Service)(Flaherty, Sean) (dls). Modified on 10/20/2015 - Removed duplicate text (jah). (Entered: 10/09/2015)
2015-10-15 64 0 ORDER on 62 Joint MOTION for Determination of Discovery Dispute Regarding Protective Order. As provided in the attached Order, the Court adopts the position of Plaintiff regarding the two subsections of the proposed protective order in issue. The parties promptly are to submit jointly to the Court a conformed proposed Protective Order as provided in this Court's chambers rules. Signed by Magistrate Judge Mitchell D. Dembin on 10/15/15. (Dembin, Mitchell) (Entered: 10/15/2015) 2016-11-08 15:33:26 1f2c84908c84920f34ba913c66b576ba8638f128
2015-10-16 65 0 ORDER granting 61 Joint MOTION for Determination of Discovery Dispute re: Interrogatory No. 3 of Plaintiff's First Set of Interrogatories. As provided in the attached Order, Plaintiff's Motion to Compel regarding Interrogatory No. 3, as presented in this Joint Motion, is GRANTED. Defendant must provide a response within 14 days of the date of this Order. Signed by Magistrate Judge Mitchell D. Dembin on 10/16/15. (Dembin, Mitchell) (Entered: 10/16/2015)
2015-10-20 66 0 ORDER Setting Hearing on 60 Joint MOTION for Determination of Disputes re FRI's Discovery Requests and 63 Joint MOTION to Amend 46 Scheduling Order. Motion Hearing set for 10/27/2015 10:00 AM in Courtroom 1E before Magistrate Judge Mitchell D. Dembin. Counsel only are required to appear. Signed by Magistrate Judge Mitchell D. Dembin on 10/20/2015. (jah) (Entered: 10/20/2015)
2015-10-23 67 0 Order on Proposed Protective Order. On October 20, 2015, the parties submitted a conformed proposed Protective Order in compliance with the Court's 64 Order of October 15, 2015. The Court has reviewed and signed the proposed order. Signed by Magistrate Judge Mitchell D. Dembin on 10/23/15.(cap) (Entered: 10/23/2015) 2016-10-05 14:16:27 01c4ff1682b769c261b5533d11b5a39ce07301de
2015-10-28 68 0 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Motion Hearing held on 10/27/2015 re 63 Joint MOTION to Amend 46 Scheduling Order filed by Obesity Research Institute, LLC, 60 Joint MOTION for Determination of Disutes re FRI's Discovery Requests filed by Fiber Research International, LLC. (CD# 10/27/2015 MDD). (Plaintiff Attorneys Sean Flaherty, Amanda Abeln). (Defendant Attorneys Jack Fitzgerald, Melanie Persinger). (no document attached) (atk) (Entered: 10/28/2015)
2015-11-04 69 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 10/27/2015, before Magistrate Judge Mitchell D. Dembin. Court Reporter/Transcriber: Dana Peabody. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/25/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/2/2016. (akr). (Main Document 69 replaced on 11/4/2015 with corrected transcript provided by the Court Reporter. Corrections made to an address on the cover page. NEF regenerated.) (akr). (Main Document 69 replaced on 11/4/2015 with corrected transcript provided by the Court Reporter. Corrections made to date of hearing and to portions of text. Changed date of hearing listed in the docket text. NEF regenerated.) (akr). (Entered: 11/04/2015) 2016-10-05 17:59:49 607adac55706b7036c0f1e632529ac613f9be64e
2015-11-04 70 0 ORDER granting in part and denying in part 60 Joint Motion for Determination of Discovery Dispute. A motion hearing was held on October 27, 2015.(ECF No. 68). The Courts oral ruling, which is fully incorporated herein, granted in part and denied in part the joint motion and orders as follows: 1) Defendant's motion to compel further response to Interrogatory #1 is GRANTED in part; 2) Defendant's motion to compel further response to Interrogatory #2 is GRANTED in part; 3) Defendant's motion to compel further response to Interrogatory #3 is GRANTED in part; 4) Defendant's motion to compel further response to Interrogatory #4 is DENIED; 5) Defendant's motion to compel further response to Interrogatory #5 is DENIED; 6) Defendant's motion to compel further response to Interrogatory #6 is DENIED; 7) Defendant's motion to compel further response to Interrogatory #7 is DENIED; 8)Defendant's motion to compel further response to Interrogatory #9 is GRANTED in part; 9) Defendant's motion to compel further response to Interrogatory #10 is GRANTED in part; 10) Defendant's motion to compel further response to Interrogatory #11 is DENIED; 11) Defendants motion to compel Request for Production (RFP) #1 GRANTED in part; 12) Defendant's motion to compel RFP #2 is GRANTED in part; 12) Defendant's motion to compel RFP #3 is DENIED; 13) Defendant's motion to compel RFP #4 is GRANTED in part; 14) Defendant's motion to compel RFP #5 is GRANTED in part; 15) Defendant's motion to compel RFP #6 is DENIED; 16) Defendant's motion to compel RFP #7 is GRANTED in part; 17) Defendant's motion to compel RFP #8 is GRANTED in part; 18) Defendant's motion to compel RFP #9 is GRANTED in part; 19) Defendant's motion to compel RFP #10 is DENIED; 20) Defendant's motion to compel RFP #12 is DENED; 21) Defendant's motion to compel RFP #13 is DENIED. Plaintiff must produce the requested discovery on or before November 30, 2015. Signed by Magistrate Judge Mitchell D. Dembin on 11/4/2015. (no document attached) (atk) (Entered: 11/04/2015)
2015-11-04 71 0 AMENDED SCHEDULING ORDER granting in part and denying in part 63 Joint Motion to Amend the Scheduling Order. All motions, other than motions to amend or join parties, or motions in limine shall be filed by 3/28/2016. Any Daubert motions shall be filed along with motions for summary judgment unless no motions for summary judgment will be filed, in which case parties may file Daubert motions along with motions in limine. Mandatory Settlement Conference set for 3/9/2016 09:30 AM before Magistrate Judge Mitchell D. Dembin. Neither party is required to file Memoranda of Contentions of Fact and Law pursuant to Civil Local Rule 16.1.f.2. Proposed Pretrial Order due by 7/11/2016. Final Pretrial Conference set for 7/18/2016 11:00 AM before Judge Cynthia Bashant. All motions in limine are due by 8/1/2016. All responses to the motions in limine are due by 8/15/2016. Parties shall submit by 8/15/2016: 1) joint proposed jury instructions, 2) proposed verdict form, 3) voir dire questions, and 4) statement of the case. Motion in Limine Hearing set for 9/6/2016 10:30 AM before Judge Cynthia Bashant. Jury Trial set for 9/13/2016 09:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Mitchell D. Dembin on 11/4/2015. (jah). Modified on 11/5/2015 - Edited to reflect as "Amended". Regenerated NEF (jah). (Entered: 11/05/2015)
2015-11-07 72 0 SECOND AMENDED SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings: A Mandatory Settlement Conference shall be conducted on March 9, 2016 at 9:30 a.m. in the chambers of Magistrate Judge Mitchell D. Dembin. The proposed pretrial order shall be lodged with the district judges chambers on or before July 11, 2016. The final Pretrial Conference is scheduled on the calendar of the Honorable Cynthia Bashant for Monday, July 18, 2016 at 11:00 a.m. A hearing for motions in limine is scheduled for Monday. September 6, 2016 at 10:30 a.m. The trial in this matter shall commence on Tuesday, September 13, 2016 at 9:00 a.m. Signed by Magistrate Judge Mitchell D. Dembin on 11/4/15.(dlg) (Entered: 11/09/2015)
2015-11-10 73 0 ***DOCUMENT STRICKEN *** MOTION to Strike Obesity Research's Disclosures of Non-Retained Experts Henny Den Uijl, Jim Ayres, and Brian Salerno by Fiber Research International, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Melanie Persinger, # 3 Proof of Service)(Fitzgerald, Jack) Modified on 11/10/2015 to strike per ecf 73(dlg). (Main Document 73 replaced on 11/10/2015) (dlg). (Additional attachment(s) added on 11/10/2015: # 1 Rejected Document) (dlg). (Entered: 11/10/2015) 2016-10-05 18:00:54 d4b3f50e9b222b01b9cc4237dd794f68a2e90632
73 1 *Restricted*
2015-11-10 74 0 MINUTE ORDER Striking Fiber Research's 73 Motion to Strike Obesity Research's Disclosures of Non-Retained Experts. The Motion to Strike Disclosures of Non-Retained Experts is hereby ORDERED stricken from the record for failure to file the dispute over written discovery as a joint motion as required by Civil Chambers Rule IV.C. Fiber Research may file a joint motion seeking the same relief. The Court will set a hearing on the joint motion if the Court determines a hearing is necessary. (no document attached) (cap) (Entered: 11/10/2015)
2015-12-10 75 0 Joint MOTION for Discovery Regarding Striking Obesity Research's Non-Retained Expert Witnesses by Fiber Research International, LLC. (Attachments: # 1 Memo of Points and Authorities Concerning Motion for Determination of Discovery Dispute Regarding Striking Obesity Research's Non-Retained Expert Witnesses, # 2 Declaration of Melanie Persinger in Support of Joint Motion for Determination of Discovery Dispute, # 3 Declaration of Sean D. Flaherty in Support of Joint Motion for Determination of Discovery Dispute, # 4 Proof of Service)(Fitzgerald, Jack) (dlg). (Entered: 12/10/2015)
75 1 Memo of Points and Authorities Concerning Motion for Determination of Discovery
75 2 Declaration of Melanie Persinger in Support of Joint Motion for Determination of
75 3 Declaration of Sean D. Flaherty in Support of Joint Motion for Determination of
75 4 Proof of Service
2015-12-15 76 0 ORDER granting 75 Joint Motion for Discovery Striking Obesity Research's Non-retained Expert Witnesses. As provided in this Order, Defendant Fiber Research International's motion to strike non-retained witness designations, as presented in this Joint Motion, is GRANTED. The Court ORDERS as follows: 1. The current designations of Messrs. Henry Den Uijl, Jim Ayres, and Brian Salerno are stricken. 2. ORI is granted leave to re-designate these witnesses, and these witnesses only, with a proper disclosure to be served upon FRI no later than close of business on December 21, 2015. 3. FRI, upon receipt of the new disclosures, may serve rebuttal disclosures no later than January 22, 2016. 4. FRI may, at its option, file an appropriate motion with the Court, pursuant to Rule 37(c)(1)(A), to recover its reasonable expenses and attorneys fees related to the filing of both its ex parte motion and the instant motion. That motion, if it is to be filed, must be filed no later than January 15, 2016, and should include the appropriate declarations regarding reasonable fees and expenses. If the motion is filed, ORIs responsive pleading will be due seven (7) days following service. FRI may reply within five (5) days of service of the ORIs responsive pleading. Signed by Magistrate Judge Mitchell D. Dembin on 12/15/15. (Dembin, Mitchell) (Entered: 12/15/2015)
2015-12-15 77 0 MOTION to Retain Confidentiality Pursuant to Paragraph 6.3 of the Protective Order by Fiber Research International, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Melanie Persinger (all exhibits filed under seal), # 3 Certificate of Service)(Fitzgerald, Jack). (jah). (Entered: 12/15/2015)
77 1 Memo of Points and Authorities
77 2 Declaration of Melanie Persinger (all exhibits filed under seal)
77 3 Certificate of Service
2015-12-15 78 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack) (vam). (Entered: 12/15/2015) 2016-10-05 14:20:00 bdf6c14fc788c17122915f5f390dfcd3ac6ef813
78 1 Certificate of Service
2015-12-15 79 0 FILED AS SEALED DOCUMENT on 1/7/2016.SEALED LODGED Proposed Document re: 78 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, Jack) Modified on 1/7/2016-Modified to add filing date of lodgment on 1/7/2015 (vam). (Main Document 79 replaced on 1/7/2016) (vam). (Entered: 12/15/2015)
2015-12-16 80 0 Joint MOTION to Strike Rebuttal Expert Report of Rick Hoffman by Obesity Research Institute, LLC. (Attachments: # 1 Declaration Sean D. Flaherty, # 2 Exhibit A-C, # 3 Declaration of Christopher Sullivan, # 4 Proof of Service)(Flaherty, Sean). Modified on 12/17/2015 - Extra motion event selected in error. Extra text added in all caps. QC Email sent. Removed extra motion event and edited text (jah). (Entered: 12/16/2015) 2016-10-06 15:33:07 43668dc15d9ca08631d4984162e4bf0bc68d3935
80 1 Declaration Sean D. Flaherty
80 2 Exhibit A-C
80 3 Declaration Christopher Sullivan
80 4 Proof of Service
2015-12-17 81 0 ORDER granting in part and denying in part 80 Joint Motion to Determine Discovery Dispute re: Rebuttal Expert Report of Rick Hoffman. As provided herein, the Court ORDERS: 1. Lines 37 through 125 of the rebuttal expert report of Rick Hoffman are stricken as improper rebuttal. 2. Any supplement of the initial expert report of Mr. Beaton by ORI, within the meaning of Rule 26(e), must be served at any appropriate time but no later than one week following the close of discovery. 3. Any rebuttal supplementation by FRI of the rebuttal expert report of Mr. Hoffman, within the meaning of Rule 26(a)(2)(D)(ii), must be served no later than two weeks following service of the Beaton supplemental report. 4. Any expert depositions of Messrs. Beaton and Hoffman, based upon satisfactory supplemental reports, must be completed no later than thirty days following service of the supplemental expert report of Mr. Beaton. Signed by Magistrate Judge Mitchell D. Dembin on 12/17/15. (Dembin, Mitchell) (Entered: 12/17/2015)
2015-12-17 82 0 ORDER for Briefing re 77 MOTION to Retain Confidentiality Pursuant to Paragraph 6.3 of the Protective Order. Responses due by 12/30/2015. Replies due by 1/6/2016. Once the motion is fully briefed, Court will determine if the motion is appropriate for resolution without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Magistrate Judge Mitchell D. Dembin on 12/17/2015. (jah) (Entered: 12/18/2015)
2015-12-24 83 0 WITHDRAWN BY FILER ON 1/4/2016 PER NOTICE OF WITHDRAWAL OF DOCUMENT 89 - MOTION to Require Compliance with the Court's 11/4/2015 Order by Fiber Research International, LLC. (Attachments: # 1 REDACTED Memorandum of Points and Authorities, # 2 Declaration of Melanie Persinger, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4a, # 7 Exhibit 4b, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Certificate of Service)(Fitzgerald, Jack) (dlg). Modified on 12/31/2015 - Corrected motion event and text (jah). Modified on 1/4/2016 - Motion and judge association termed (jah). (Entered: 12/24/2015)
2015-12-24 84 0 WITHDRAWN BY FILER ON 1/4/2016 PER NOTICE OF WITHDRAWAL OF DOCUMENT 89 - MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack) (vam). Modified on 1/4/2016 - Motion and judge association termed (jah). (Entered: 12/24/2015)
2015-12-24 85 0 WITHDRAWN BY FILER ON 1/4/2016 PER NOTICE OF WITHDRAWAL OF DOCUMENT 89 - SEALED LODGED Proposed Document re: 84 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, Jack) (vam). Modified on 1/4/2016 - Edited to reflect as withdrawn (jah). (Entered: 12/24/2015)
2015-12-30 86 0 MOTION to File Documents Under Seal (Abeln, Amanda). (jah). (Entered: 12/30/2015)
2015-12-30 87 0 FILED AS SEALED DOCUMENT on 1/7/2015. SEALED LODGED Proposed Document re: 86 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Abeln, Amanda). (jah). Modified on 1/7/2016-modified to add filing of lodgment (vam). (Main Document 87 replaced on 1/7/2016) (vam). (Entered: 12/30/2015)
2015-12-30 88 0 RESPONSE in Opposition re 77 MOTION to Retain Confidentiality Pursuant to Paragraph 6.3 of the Protective Order filed by Obesity Research Institute, LLC. (Attachments: # 1 Declaration of Amanda Abeln, # 2 Exhibit 1)(Abeln, Amanda). (jah). (Entered: 12/30/2015)
2016-01-04 89 0 NOTICE OF WITHDRAWAL OF DOCUMENT by Fiber Research International, LLC re 85 Sealed Lodged Proposed Document, 84 MOTION to File Documents Under Seal, 83 MOTION to Require Compliance with Court's 11/4/2015 Order(Attachments: # 1 Certificate of Service)(Fitzgerald, Jack). Modified on 1/4/2016 - Wrong event. QC Email sent. Corrected text (jah). (Entered: 01/04/2016)
2016-01-04 90 0 MOTION to Seal a Previously Filed Document re 88 Response in Opposition to Motion by Obesity Research Institute, LLC. (Abeln, Amanda). (jah). (Entered: 01/04/2016) 2016-10-06 15:37:28 521417f574be032d88186c933fde3052b4115ed8
2016-01-04 91 0 ORDER granting 90 Motion to Seal a Previously Filed Document. Upon review, the Court finds good cause to seal ECF No. 88-2. Signed by Magistrate Judge Mitchell D. Dembin on 1/4/16. (no document attached) (atk) (Entered: 01/04/2016)
2016-01-06 92 0 REPLY to Response to Motion re 77 MOTION to Retain Confidentiality Pursuant to Paragraph 6.3 of the Protective Order filed by Fiber Research International, LLC. (Attachments: # 1 Declaration of John Alkire, # 2 Declaration of Jack Fitzgerald, # 3 Exhibit 1 (Filed Under Seal), # 4 Exhibit 2 (Filed Under Seal), # 5 Exhibit 3 (Filed Under Seal), # 6 Exhibit 4 (Filed Under Seal), # 7 Declaration of Jason Kerr, # 8 Certificate of Service)(Fitzgerald, Jack) (dlg). (Entered: 01/06/2016)
2016-01-06 93 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack) (cxl). (Entered: 01/06/2016)
2016-01-06 94 0 FILED AS SEALED DOCUMENT on 1/7/2016-SEALED LODGED Proposed Document re: 93 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, Jack) (cxl). Modified on 1/7/2016 to add date of lodgment (vam). (Main Document 94 replaced on 1/7/2016) (vam). (Entered: 01/06/2016)
2016-01-07 95 0 ORDER granting 86 Motion to File Documents Under Seal. Good cause appearing, the motion is GRANTED. Signed by Magistrate Judge Mitchell D. Dembin on 1/7/16. (no document attached) (Dembin, Mitchell) (Entered: 01/07/2016)
2016-01-07 96 0 ORDER granting 93 Motion to File Documents Under Seal. Good cause appearing, the motion is GRANTED. Signed by Magistrate Judge Mitchell D. Dembin on 1/7/16. (no document attached) (Dembin, Mitchell) (Entered: 01/07/2016)
2016-01-07 97 0 ORDER granting 78 Motion to File Documents Under Seal. Good cause appearing, the motion is GRANTED. Signed by Magistrate Judge Mitchell D. Dembin on 1/7/16. (no document attached) (Dembin, Mitchell) (Entered: 01/07/2016)
2016-01-07 98 0 ORDER granting 77 Motion to Retain Designation of Confidentiality. Having reviewed the briefs and exhibits filed in connection with this motion, the Court is persuaded that the designations at issue are appropriate. Defendant's Motion to Retain Confidentiality is GRANTED. Signed by Magistrate Judge Mitchell D. Dembin on 1/7/16. (no document attached) (Dembin, Mitchell) (Entered: 01/07/2016)
2016-01-15 102 0 MOTION for Attorney Fees by Fiber Research International, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Jack Fitzgerald, # 3 Fitzgerald Decl. Ex. 1, # 4 Fitzgerald Decl. Ex. 2, # 5 Fitzgerald Decl. Ex. 3, # 6 Fitzgerald Decl. Ex. 4, # 7 Fitzgerald Decl. Ex. 5, # 8 Declaration of Melanie Persinger, # 9 Persinger Decl. Ex. 1, # 10 Persinger Decl. Ex. 2, # 11 Persinger Decl. Ex. 3, # 12 Persinger Decl. Ex. 4 (Filed Under Seal Only), # 13 Certificate of Service)(Fitzgerald, Jack). (jah). (Entered: 01/15/2016)
2016-01-15 103 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack). (jah). (Entered: 01/15/2016)
2016-01-15 104 0 ***DOCUMENT FILED AS A SEALED DOCUMENT FILED ON 2/19/2016***SEALED LODGED Proposed Document re: 103 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, Jack). (jah). Modified on 4/21/2016 (vam). (Main Document 104 replaced on 4/21/2016) (vam). (Entered: 01/15/2016)
2016-01-19 105 0 ORDER for Briefing Schedule re 102 MOTION for Attorney Fees filed by Fiber Research International, LLC. Responses due by 1/29/2016. Replies due by 2/5/2016. Once the motion is fully briefed, Court will determine if the motion is appropriate for resolution without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Magistrate Judge Mitchell D. Dembin on 1/19/2016. (jah) (Entered: 01/19/2016)
2016-01-20 106 0 MOTION to Strike in Part, Obesity Research's Supplemental Non-Retained Expert Designations by Fiber Research International, LLC. (Attachments: # 1 Joint Brief, # 2 Declaration of Melanie Persinger, # 3 Certificate of Service)(Fitzgerald, Jack). Modified on 1/21/2016 - Edited text (jah). (Entered: 01/20/2016)
2016-01-25 107 0 ORDER denying without prejudice 106 MOTION to Strike in Part, Obesity Research's Supplemental Non-Retained Expert Designations. Signed by Magistrate Judge Mitchell D. Dembin on 1/25/16. (Dembin, Mitchell) (Entered: 01/25/2016)
2016-01-29 108 0 RESPONSE in Opposition re 102 MOTION for Attorney Fees filed by Obesity Research Institute, LLC. (Attachments: # 1 Declaration of Richard P. Sybert)(Sybert, Richard) (dlg). (Entered: 01/29/2016)
2016-02-04 109 0 REPLY to Response to Motion re 102 MOTION for Attorney Fees filed by Fiber Research International, LLC. (Attachments: # 1 Reply Declaration of Jack Fitzgerald, # 2 Certificate of Service)(Fitzgerald, Jack) (dlg). (Entered: 02/04/2016)
2016-02-09 110 0 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8785946.) (Application to be reviewed by Clerk.) (Price, Ronald) (aef). (Entered: 02/09/2016)
2016-02-10 111 0 PRO HAC APPROVED: Ronald F. Price appearing for Defendant Fiber Research International, LLC. (no document attached) (aef) (Entered: 02/10/2016)
2016-02-19 112 0 Joint MOTION for Extension of Time to File Motion to Compel by Obesity Research Institute, LLC. (Abeln, Amanda). (jah). (Entered: 02/19/2016)
2016-02-19 113 0 MOTION to Compel Advacned Botanical Consulting & Testing, Inc.'s Compliance with Subpoena Duces Tecum by Fiber Research International, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Trevor Flynn, # 3 Declaration of Jack Fitzgerald, # 4 Exhibit 1-3, # 5 Exhibit 4-8, # 6 Exhibit 9-12)(dls) (Document originally filed in Master Case 16cv99999 as a Misc. Case; Confirmed with MDD Chambers to file in CV case) (Entered: 02/22/2016) 2016-10-06 15:44:51 06bc0aa322a09ac24c12db2f8a6a7c188d3b0583
113 1 Memo of Points and Authorities
113 2 Declaration of Trevor Flynn
113 3 Declaration of Jack Fitzgerald
113 4 Exhibit 1-3
113 5 Exhibit 4-8
113 6 Exhibit 9-12
2016-02-22 114 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack) (vam). (Entered: 02/22/2016)
2016-02-22 115 0 ***FILED AS SEALED DOCUMENT ON 2/26/2016***SEALED LODGED Proposed Document re: 114 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Fitzgerald, Jack)(vam). (Main Document 115 replaced on 2/29/2016) (vam). Modified on 2/29/2016 to add date of lodgment (vam). (Entered: 02/22/2016)
2016-02-22 116 0 ORDER granting 112 Joint Motion for Extension of Time to File Motion to Compel. The Court finds good cause to extend the current deadline for the filing of a motion to compel. The new deadline is February 29, 2016. No other dates contained in the operative scheduling order are changed absent further court order. (See ECF No. 72). Signed by Magistrate Judge Mitchell D. Dembin on 2/22/2016. (no document attached) (atk) (Entered: 02/22/2016)
2016-02-22 117 0 MOTION to File Documents Under Seal (Flaherty, Sean). (jah). (Entered: 02/22/2016)
2016-02-22 118 0 ***FILED AS SEALED DOCUMENT ON 2/26/2016***SEALED LODGED Proposed Document re: 117 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Flaherty, Sean). (jah). (Main Document 118 replaced on 2/29/2016)Modified on 2/29/2016 to add filing date of lodgment (vam). (Entered: 02/22/2016)
2016-02-22 119 0 Joint MOTION to Strike Fiber Research International, LLC's Rebuttal Expert Report of Dr. George Fahey by Obesity Research Institute, LLC. (Attachments: # 1 Declaration of Sean D. Flaherty, # 2 Exhibit A to the Declaration of Sean D. Flaherty, # 3 Exhibit B to the Declaration of Sean D. Flaherty, # 4 Exhibit C to the Declaration of Sean D. Flaherty, # 5 Exhibit D to the Declaration of Sean D. Flaherty, # 6 Exhibit E to the Declaration of Sean D. Flaherty, # 7 Exhibit F to the Declaration of Sean D. Flaherty)(Flaherty, Sean). (jah). (Entered: 02/22/2016)
2016-02-25 120 0 ORDER granting in part and denying in part Obesity Research Institute's 43 Motion to Dismiss the First Amended Complaint. Signed by Judge Cynthia Bashant on 2/25/2016. (jah) (Entered: 02/25/2016) 2016-10-06 15:47:25 c75e99aaf940c7a762df389d90ee26ac3fbdb513
2016-02-25 121 0 ORDER denying Plaintiff's 24 Motion to Strike Defendant's Corporate Disclosure Statement; terminating as moot Plaintiff's 27 Motion to Strike Affirmative Defenses and 27 Motion to Dismiss Counterclaims; denying Plaintiff's 42 Motion to Strike Single Affirmative Defense of Unclean Hands. Signed by Judge Cynthia Bashant on 2/25/2016. (jah) (Entered: 02/25/2016)
2016-02-25 122 0 ORDER granting Plaintiff's 52 Motion for Leave to File First Amended Complaint. Pla shall file the First Amended Complaint in the form attached as Exhibit 1 to the Declaration of Scott J. Ferrell, by 3/3/2016. Signed by Judge Cynthia Bashant on 2/25/2016. (jah) (Entered: 02/25/2016)
2016-02-26 123 0 Joint MOTION for Discovery Regarding Documents Listed in Obesity Research's Privilege Log by Fiber Research International, LLC. (Attachments: # 1 Declaration of Melanie Persinger, # 2 Exhibit 1 to the Declaration of Melanie Persinger, # 3 Exhibit 2 to the Declaration of Melanie Persinger, # 4 Exhibit 3 to the Declaration of Melanie Persinger, # 5 Exhibit 4 to the Declaration of Melanie Persinger, # 6 Exhibit 5 to the Declaration of Melanie Persinger, # 7 Exhibit 6 to the Declaration of Melanie Persinger, # 8 Exhibit 7 to the Declaration of Melanie Persinger, # 9 Exhibit 8 to the Declaration of Melanie Persinger, # 10 Exhibit 9 to the Declaration of Melanie Persinger, # 11 Exhibit 10 to the Declaration of Melanie Persinger, # 12 Exhibit 11 to the Declaration of Melanie Persinger, # 13 Exhibit 12 to the Declaration of Melanie Persinger, # 14 Exhibit 13 to the Declaration of Melanie Persinger, # 15 Declaration of Jim Ayres, # 16 Declaration of Brian Salerno, # 17 Declaration of Allison Borts, # 18 Proof of Service)(Fitzgerald, Jack). (jah). (Entered: 02/26/2016)
2016-02-26 124 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack) (vam). (Entered: 02/26/2016)
2016-02-26 125 0 FILED AS SEALED DOCUMENT ON 3/11/2016. Sealed per Order doc. no. 150. SEALED LODGED Proposed Document re: 124 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, Jack) (vam). (Main Document 125 replaced on 3/14/2016) (cxl). Modified on 3/14/2016 to add lodgment filing date (cxl). (Entered: 02/26/2016)
2016-02-26 126 0 ORDER granting 114 Motion to File Documents Under Seal. Signed by Magistrate Judge Mitchell D. Dembin on 2/26/2016. (no document attached) (atk) (Entered: 02/26/2016)
2016-02-26 127 0 ORDER granting in part and denying in part 117 Plaintiff's Motion to File Documents Under Seal. The Court finds good cause to grant Plaintiff's motion to file the two expert reports at issue under seal, however, Plaintiff must publicly file a redacted version of the two reports on or before March 4, 2016. Signed by Magistrate Judge Mitchell D. Dembin on 2/26/2016. (no document attached) (atk) (Entered: 02/26/2016)
2016-02-26 129 0 ORDER for Briefing Schedule re 113 MOTION to Compel Advanced Botanical Consulting & Testing, Inc.'s Compliance with Subpoena Duces Tecum. Responses due by 3/4/2016. Replies due by 3/9/2016. Once the motion is fully briefed, Court will determine if the motion is appropriate for resolution without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Magistrate Judge Mitchell D. Dembin on 2/26/2016. (jah) (Entered: 02/29/2016) 2016-10-05 14:25:10 fb508e0212a9d2c25cb374dedbbb5999c265d389
2016-02-29 131 0 Joint MOTION for Extension of Time to Complete Discovery and Amend the Second Amended Scheduling Order by Obesity Research Institute, LLC. (Abeln, Amanda). (jah). (Entered: 02/29/2016)
2016-03-01 132 0 ORDER granting in part and denying in part 131 Joint MOTION for Extension of Time to Complete Discovery and Amend the Second Amended Scheduling Order. The Second Amended Scheduling Order is modified as follows: 1) The deadline to complete discovery is extended from February 29, 2016, to March 29, 2016, solely to complete discovery regarding the 5 third parties identified in the Joint Motion at page 3, lines 13-16; and 2) The deadline to file pretrial dispositive motions is extended from March 28, 2016, to April 15, 2016. All other dates remain in full force and effect absent further order. Signed by Magistrate Judge Mitchell D. Dembin on 3/1/16. (no document attached) (Dembin, Mitchell) (Entered: 03/01/2016)
2016-03-01 133 0 ORDER denying 119 Joint MOTION to Strike Fiber Research International, LLC's Rebuttal Expert Report of Dr. George Fahey by Obesity Research Institute, LLC. Plaintiff's motion to strike, as presented in the instant joint motion, is DENIED. Signed by Magistrate Judge Mitchell D. Dembin on 3/1/16. (Dembin, Mitchell) (Entered: 03/01/2016)
2016-03-01 134 0 MOTION to Compel Nutralliance's Compliance with Subpoena Duces Tecum by Fiber Research International, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Jack Fitzgerald, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Certificate of Service)(Fitzgerald, Jack). (jah). (Entered: 03/01/2016)
2016-03-02 135 0 ORDER Setting Telephonic Status Conference. Telephonic Status Conference set for 3/3/2016 09:30 AM before Magistrate Judge Mitchell D. Dembin. Signed by Magistrate Judge Mitchell D. Dembin on 3/2/2016. (jah) (Entered: 03/02/2016)
2016-03-02 136 0 NOTICE of Teleconference Information Sheet, re 135 ORDER Setting Telephonic Status Conference. (cap) (Entered: 03/02/2016)
2016-03-03 137 0 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Telephonic Status Conference held on 3/3/2016. Pursuant to the discussion held during the teleconference, the Court will VACATE the Mandatory Settlement Conference currently set for March 9, 2016. The Court will reschedule the Mandatory Settlement Conference upon joint request by both parties. (Plaintiff Attorneys Sean Flaherty, Richard Sybert). (Defendant Attorneys Jack Fitzgerald, Melanie Persinger, Trevor Flynn, Jason Kerr, Ron Price, Chris Sullivan).(no document attached) (ja1) (Entered: 03/03/2016)
2016-03-03 138 0 ORDER vacating Mandatory Settlement Conference. The Court hereby VACATES the Mandatory Settlement Conference currently set for March 9, 2016. The Court will reschedule the Mandatory Settlement Conference at the joint request of the parties. Signed by Magistrate Judge Mitchell D. Dembin on 3/3/2016.(no document attached) (ja1) (Entered: 03/03/2016)
2016-03-03 139 0 FIRST AMENDED COMPLAINT with Jury Demand against Fiber Research International, LLC, Shimizu Chemical Corporation, filed by Obesity Research Institute, LLC. New Summons Requested. (Sybert, Richard). Modified on 3/4/2016 - Caption does not list new dft. Edited text to add "First" (jah). (Entered: 03/03/2016)
2016-03-04 140 0 Summons on First Amended Complaint Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jah) (Entered: 03/04/2016)
2016-03-04 141 0 DECLARATION of Sean D. Flaherty re 119 Joint Motion to Strike Fiber Research International LLC's Rebuttal Expert Report of Dr. George Fahey by Obesity Research Institute, LLC. (Attachments: # 1 Exhibit D to the Declaration of Sean D. Flaherty [Redacted], # 2 Exhibit E to the Declaration of Sean D. Flaherty [Redacted])(Abeln, Amanda). Modified on 3/7/2016 - Wrong event. No Proof of Service. QC Email sent to file Proof of Service. Corrected text and document link to match pleading (jah). (Entered: 03/04/2016)
2016-03-04 142 0 RESPONSE in Opposition re 113 MOTION to Compel filed by Advanced Botanical Consulting & Testing, Inc.. (Attachments: # 1 Statement of Facts Separate Statement, # 2 Declaration Flaherty Declaration, # 3 Proof of Service)(Flaherty, Sean). (jah). (Entered: 03/04/2016)
2016-03-08 143 0 ORDER for Briefing Schedule re 134 MOTION to Compel Nutralliance's Compliance with Subpoena Duces Tecum. Responses due by 3/15/2016. Replies due by 3/22/2016. Once the motion is fully briefed, Court will determine if the motion is appropriate for resolution without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Magistrate Judge Mitchell D. Dembin on 3/7/2016. (jah) (Entered: 03/08/2016)
2016-03-09 144 0 REPLY to Response to Motion re 113 MOTION to Compel Advanced Botanical to Comply with Subpoena Duces Tecum filed by Fiber Research International, LLC. (Attachments: # 1 Declaration of Jack Fitzgerald, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Certificate of Service)(Fitzgerald, Jack). (jah). (Entered: 03/09/2016)
2016-03-11 145 0 CERTIFICATE OF SERVICE by Obesity Research Institute, LLC re 141 Declaration (Abeln, Amanda). Modified on 3/11/2016 - Edited text (jah). (Entered: 03/11/2016)
2016-03-10 146 0 ORDER Re: Discovery. Court orders the Clerk to file the Application entered as ECF No. 1 in 16cv397 as a discovery motion in this case. Court orders the Clerk to file the Motion to Strike and Dismiss entered as ECF No. 4 in 16cv397 as the opposition to the discovery motion in this case. Court ordered the Clerk to close Case No. 16cv397. Signed by Judge Cynthia Bashant on 3/10/2016. (jah) (Entered: 03/11/2016)
2016-03-10 147 0 MOTION for Discovery by Obesity Research Institute, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt #NVLAS039549) (jah). Modified on 3/11/2016 - Filed as Motion per Order 146 (jah). (Entered: 03/11/2016)
2016-03-10 148 0 RESPONSE in Opposition re 147 MOTION for Discovery filed by Fiber Research International, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Jason Kerr, # 3 Proof of Service) (jah). Modified on 3/11/2016 - Filed as opposition per 146 Order (jah). (Entered: 03/11/2016)
2016-03-11 149 0 NOTICE by Obesity Research Institute, LLC re 122 Order on Motion for Leave to File Document, Statement of Substantial Compliance with Court Order (Sybert, Richard) (kcm). (Entered: 03/11/2016)
2016-03-11 150 0 ORDER granting in part and denying in part 124 Motion to File Documents Under Seal. The motion to seal Exhibits 3 through 8 to the Declaration of Melanie Persinger is granted as to Exhibits 3 and 5 through 8. Regarding Exhibit 4, the expert report of Dr. Laura Lerner, the motion to seal is granted regarding confidential information contained in or discussed in the report. A redacted version of the report must be filed by Defendant no later than March 18, 2016. Signed by Magistrate Judge Mitchell D. Dembin on 3/11/16. (no document attached) (Dembin, Mitchell) (Entered: 03/11/2016)
2016-03-11 151 0 ORDER granting in part and denying in part 123 Joint MOTION for Discovery Regarding Documents Listed in Obesity Research's Privilege Log by Fiber Research International, LLC. Any further production required pursuant to the attached Order must be served within 14 days, absent further Order of the Court or agreement of the parties. Signed by Magistrate Judge Mitchell D. Dembin on 3/11/16. (Dembin, Mitchell) (Entered: 03/11/2016)
2016-03-14 152 0 Request for Entry of Clerk Default against Obesity Research Institute, LLC. (Attachments: # 1 Declaration of Jack Fitzgerald, # 2 Certificate of Service)(Fitzgerald, Jack). Modified on 3/16/2016 - Clerk's Default prepared (jah) (Entered: 03/14/2016)
2016-03-14 154 0 SUPPLEMENTAL DOCUMENT by Fiber Research International, LLC re 123 Joint MOTION for Discovery Regarding Documents Listed in Obesity Research's Privilege Log . (Attachments: # 1 Exhibit 4 to the Declaration of Melanie Persinger)(Fitzgerald, Jack) (Entered: 03/14/2016)
2016-03-15 155 0 RESPONSE and Notice of Intent to Answer re 152 Request for Entry of Clerk Default filed by Obesity Research Institute, LLC. (Attachments: # 1 Declaration of Sean D. Flaherty, # 2 Proof of Service)(Flaherty, Sean). Modified on 3/16/2016 - Edited text (jah). (Entered: 03/15/2016)
2016-03-15 156 0 MOTION to Seal a Previously Filed Document re 41 Amended Counterclaim, by Obesity Research Institute, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Sean D. Flaherty, # 3 Exhibit A to Declaration of Sean D. Flaherty, # 4 Declaration of Henny Den Uijl, # 5 Exhibit A through J to Declaration of Henny Den Uijl, # 6 Declaration of David W. Reid, # 7 Proof of Service)(Flaherty, Sean). (jah). (Entered: 03/15/2016)
2016-03-15 157 0 STRICKEN ON 3/17/2016 PER DISCREPANCY ORDER 160 - ANSWER to First Amended Counterclaim by Obesity Research Institute, LLC.(Sybert, Richard). Modified on 3/16/2016 - Added "First" to text (jah). (Main Document 157 replaced on 3/17/2016) (jah). Modified on 3/17/2016 - Stricken, image removed (jah). (Entered: 03/15/2016) 2016-10-05 15:22:47 4cb9be282c5e0011157d2e2908bed91efd25ae76
2016-03-15 158 0 RESPONSE in Opposition to Motion re 134 MOTION to Compel Nutralliance's Compliance with Subpoena Duces Tecum filed by Nutralliance, Inc.. (Attachments: # 1 Declaration of Sean D. Flaherty, # 2 Exhibit 1 to Declaration of Sean D. Flaherty, # 3 Exhibit 2 to Declaration of Sean D. Flaherty, # 4 Declaration of Brian Salerno)(Flaherty, Sean). Modified on 3/16/2016 - Wrong event. QC Email sent. Corrected text (jah). (Entered: 03/15/2016)
2016-03-15 159 0 Clerk's ENTRY OF DEFAULT as to Counterclaim Defendant Obesity Research Institute, LLC. (jah) (Entered: 03/16/2016)
2016-03-17 160 0 Notice of Document Discrepancies and Order Thereon by the Chambers of Judge Cynthia Bashant Rejecting re 157 Answer to First Amended Counterclaim, from Counter Defendant Obesity Research Institute, LLC. Non-compliance with local rule(s), Answer was not filed timely. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Cynthia Bashant on 3/17/2016. (jah) (Additional attachment(s) added on 3/17/2016: # 1 Rejected Document) (jah). (Entered: 03/17/2016)
2016-03-17 161 0 MOTION for Default Judgment against Obesity Research Institute, LLC by Fiber Research International, LLC. (Attachments: # 1 Redacted Memorandum, # 2 Declaration of Jack Fitzgerald, # 3 Fitzgerald Decl. Ex. 1, # 4 Fitzgerald Decl. Ex. 2, # 5 Fitzgerald Decl. Ex. 3, # 6 Fitzgerald Decl. Ex. 4, # 7 Fitzgerald Decl. Ex. 5, # 8 Fitzgerald Decl. Ex. 6, # 9 Fitzgerald Decl. Ex. 7, # 10 Fitzgerald Decl. Ex. 8, # 11 Fitzgerald Decl. Ex. 9, # 12 Fitzgerald Decl. Ex. 10, # 13 Fitzgerald Decl. Ex. 11, # 14 Fitzgerald Decl. Ex. 12, # 15 Fitzgerald Decl. Ex. 13, # 16 Fitzgerald Decl. Ex. 14, # 17 Fitzgerald Decl. Ex. 15, # 18 Fitzgerald Decl. Ex. 16, # 19 Fitzgerald Decl. Ex. 17, # 20 Fitzgerald Decl. Ex. 18, # 21 Fitzgerald Decl. Ex. 19, # 22 Fitzgerald Decl. Ex. 20, # 23 Fitzgerald Decl. Ex. 21, # 24 Fitzgerald Decl. Ex. 22, # 25 Fitzgerald Decl. Ex. 23, # 26 Declaration of Ryusuke Shimizu, # 27 Certificate of Service)(Fitzgerald, Jack). Modified on 3/18/2016 - Edited attachment description (jah). (Entered: 03/17/2016)
2016-03-17 162 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack). (jah). (Entered: 03/17/2016)
2016-03-17 163 0 SEALED LODGED Proposed Document re: 162 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, Jack). (jah). (Entered: 03/17/2016)
2016-03-17 164 0 ANSWER with Jury Trial Demand to 139 First Amended Complaint, by Fiber Research International, LLC. (Attachments: # 1 Certificate of Service)(Fitzgerald, Jack). Modified on 3/18/2016 - Edited to add jury demand and 'First" to text (jah). (Entered: 03/17/2016) 2016-10-05 15:23:43 6f3ce669f08e24040ceef45d645f8eaaeebceddf
164 1 Certificate of Service
2016-03-18 165 0 NOTICE of Appearance by Patrick J Mulkern on behalf of Obesity Research Institute, LLC (Mulkern, Patrick). Attorney Patrick J Mulkern added to party Obesity Research Institute, LLC(pty:cd), Attorney Patrick J Mulkern added to party Obesity Research Institute, LLC (pty:pla). (jah). (Entered: 03/18/2016)
2016-03-18 166 0 Ex Parte MOTION to Set Aside Default, Ex Parte MOTION for Extension of Time to File Answer by Obesity Research Institute, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Sean D. Flaherty, # 3 Declaration of Richard P. Sybert, # 4 Declaration of Amanda Abeln, # 5 Appendix of Exhibits, # 6 Exhibit 1, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Proof of Service)(Flaherty, Sean). Added MOTION for Extension of Time to File Answer on 3/21/2016 (jah). Modified on 3/21/2016 - Multi part motion, one part not filed. QC Email sent. Added missing motion and corrected text (jah). (Entered: 03/18/2016)
2016-03-22 167 0 RESPONSE in Opposition re 166 Ex Parte MOTION to Set Aside Default, Ex Parte MOTION for Extension of Time to File Answer filed by Fiber Research International, LLC. (Attachments: # 1 Declaration of Jack Fitzgerald, # 2 Fitzgerald Decl. Ex. 1, # 3 Fitzgerald Decl. Ex. 2, # 4 Fitzgerald Decl. Ex. 3, # 5 Certificate of Service)(Fitzgerald, Jack). (jah). (Entered: 03/22/2016)
2016-03-22 168 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack). (jah). Modified on 9/8/2016 to terminate. Motion granted on 4/18/2016(sxm). (Entered: 03/22/2016)
2016-03-22 169 0 SEALED LODGED Proposed Document re: 168 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, Jack). (jah). (Entered: 03/22/2016)
2016-03-22 170 0 REPLY to Response to Motion re 134 MOTION to Compel Nutralliance's Compliance with Subpoena Duces Tecum filed by Fiber Research International, LLC. (Attachments: # 1 Certificate of Service)(Fitzgerald, Jack). (jah). (Entered: 03/22/2016)
2016-03-22 171 0 MOTION to Strike Obesity Research's Untimely First Supplemental Initial Disclosures by Fiber Research International, LLC. (Attachments: # 1 Redacted Declaration of Jack Fitzgerald, # 2 Fitzgerald Decl. Ex. 1, # 3 Fitzgerald Decl. Ex. 2, # 4 Fitzgerald Decl. Ex. 3, # 5 Fitzgerald Decl. Ex. 4, # 6 Fitzgerald Decl. Ex. 5, # 7 Fitzgerald Decl. Ex. 6, # 8 Fitzgerald Decl. Ex. 7, # 9 Fitzgerald Decl. Ex. 8, # 10 Fitzgerald Decl. Ex. 9, # 11 Fitzgerald Decl. Ex. 10, # 12 Redacted Declaration of Sean D. Flaherty, # 13 Certificate of Service)(Fitzgerald, Jack). Modified on 3/23/2016 - Edited attachment descriptions to remove extra caps (jah). (Entered: 03/22/2016)
2016-03-22 172 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack). (jah). (Entered: 03/22/2016)
2016-03-22 173 0 FILED AS SEALED DOCUMENT ON 4/6/2016. SEALED LODGED Proposed Document re: 172 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, Jack). Modified on 3/23/2016 - Corrected attachment descriptions (jah). (Main Document 173 replaced on 4/6/2016) (cxl). Modified on 4/6/2016 to add lodgment filing date (cxl). (Entered: 03/22/2016)
2016-03-22 174 0 MOTION to Compel Production of Documents, MOTION to Exclude Evidence of Costs by Fiber Research International, LLC. (Attachments: # 1 Redacted Joint Motion for Determination of Discovery Dispute Re Fiber Research Motion to Compel & Exclude, # 2 Declaration of Jack Fitzgerald, # 3 Fitzgerald Decl. Ex. 1, # 4 Fitzgerald Decl. Ex. 2, # 5 Fitzgerald Decl. Ex. 3, # 6 Fitzgerald Decl. Ex. 4, # 7 Fitzgerald Decl. Ex. 5, # 8 Fitzgerald Decl. Ex. 6, # 9 Fitzgerald Decl. Ex. 7 (Filed Under Seal), # 10 Fitzgerald Decl. Ex. 8 (Filed Under Seal), # 11 Fitzgerald Decl. Ex. 9 (Filed Under Seal), # 12 Fitzgerald Decl. Ex. 10 (Redacted), # 13 Fitzgerald Decl. Ex. 11 (Redacted), # 14 Fitzgerald Decl. Ex. 12 (Filed Under Seal), # 15 Fitzgerald Decl. Ex. 13, # 16 Declaration of Amanda Abeln, # 17 Abeln Decl. Ex. 1, # 18 Certificate of Service)(Fitzgerald, Jack). Modified on 3/23/2016 - Edited attachment description to remove caps (jah). (Entered: 03/22/2016) 2016-10-06 15:55:56 4748ae7d785ae3c46aa466b180d640cd18ddc879
174 1 Redacted Joint Motion for Determination of Discovery Dispute Re Fiber Research
174 2 Declaration of Jack Fitzgerald
174 3 Fitzgerald Decl. Ex. 1
174 4 Fitzgerald Decl. Ex. 2
174 5 Fitzgerald Decl. Ex. 3
174 6 Fitzgerald Decl. Ex. 4
174 7 Fitzgerald Decl. Ex. 5
174 8 Fitzgerald Decl. Ex. 6
174 9 Fitzgerald Decl. Ex. 7 (Filed Under Seal)
174 10 Fitzgerald Decl. Ex. 8 (Filed Under Seal)
174 11 Fitzgerald Decl. Ex. 9 (Filed Under Seal)
174 12 Fitzgerald Decl. Ex. 10 (Redacted)
174 13 Fitzgerald Decl. Ex. 11 (Redacted)
174 14 Fitzgerald Decl. Ex. 12 (Filed Under Seal)
174 15 Fitzgerald Decl. Ex. 13
174 16 Declaration of Amanda Abeln
174 17 Abeln Decl. Ex. 1
174 18 Certificate of Service
2016-03-22 175 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack). (jah). (Entered: 03/22/2016)
2016-03-22 176 0 SEALED LODGED Proposed Document re: 175 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, Jack). Modified on 3/23/2016 - Corrected attachment description for Joint Motion (jah). (Entered: 03/22/2016)
2016-03-25 177 0 MOTION to Exclude Certain Portions of the Supplemental Beaton Report by Fiber Research International, LLC. (Attachments: # 1 Declaration of Christopher Sullivan, # 2 Sullivan Decl. Ex. 1 (REDACTED Supplemental Beaton Report), # 3 Sullivan Decl. Ex. 2 (Initial Beaton Report), # 4 Sullivan Decl. Ex. 3 (Fiber Research Initial Disclosures), # 5 Sullivan Decl. Ex. 4 (Fiber Research First Document Requests), # 6 Declaration of Rick Hoffman in Support of Motion to Exclude, # 7 Hoffman Decl. Ex. 1 (Rick Hoffman CV), # 8 REDACTED Declaration of Neil Beaton in Opposition to Motion to Exclude, # 9 Beaton Decl. Ex. 1 (REDACTED Invoices), # 10 Declaration of Sean Flaherty in Opposition to Motion to Exclude, # 11 Flaherty Decl. Ex. 2 (Hearing Transcript Excerpts), # 12 Flaherty Decl. Ex. 2 (REDACTED Hoffman Rebuttal Report), # 13 Certificate of Service)(Fitzgerald, Jack). (jah). (Entered: 03/25/2016)
2016-03-25 178 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack) (vam). (Entered: 03/25/2016)
2016-03-25 179 0 SEALED LODGED Proposed Document re: 178 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, Jack) (vam). (Entered: 03/25/2016)
2016-03-25 180 0 Ex Parte MOTION for Leave to File Reply to Opposition to Set Aside Entry of Default Against Obesity, Ex Parte MOTION for Extension Time to File Answer to First Amended Counterclaims, Ex Parte MOTION for Oral Argument by Obesity Research Institute, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Amanda Abeln, # 3 Exhibit 1 to Declaration of Amanda Abeln)(Abeln, Amanda). Added MOTION for Extension of Time to File Answer, MOTION for Hearing on 3/28/2016 (jah). Modified on 3/28/2016 - Multi part motion, one part filed. QC Email sent. Added missing motions and corrected text (jah). (Entered: 03/25/2016)
2016-03-28 181 0 RESPONSE in Opposition re 180 Ex Parte MOTION for Leave to File Reply to Opposition to Set Aside Entry of Default, Ex Parte MOTION for Extension of Time to File Answer to First Amended Counterclaims, Ex Parte MOTION for Oral Argument filed by Fiber Research International, LLC. (Attachments: # 1 Certificate of Service)(Fitzgerald, Jack). (jah). (Entered: 03/28/2016)
2016-04-01 182 0 RESPONSE in Opposition re 156 MOTION to Seal a Previously Filed Document re 41 Amended Counterclaim, filed by Fiber Research International, LLC. (Attachments: # 1 Declaration of Jack Fitzgerald, # 2 Fitzgerald Decl. Ex. 1, # 3 Fitzgerald Decl. Ex. 2, # 4 Fitzgerald Decl. Ex. 3, # 5 Fitzgerald Decl. Ex. 4, # 6 Fitzgerald Decl. Ex. 5, # 7 Fitzgerald Decl. Ex. 6, # 8 Fitzgerald Decl. Ex. 7, # 9 Fitzgerald Decl. Ex. 8, # 10 Fitzgerald Decl. Ex. 9, # 11 Fitzgerald Decl. Ex. 10, # 12 Fitzgerald Decl. Ex. 11, # 13 Fitzgerald Decl. Ex. 12, # 14 Fitzgerald Decl. Ex. 13, # 15 Fitzgerald Decl. Ex. 14, # 16 Fitzgerald Decl. Ex. 15, # 17 Fitzgerald Decl. Ex. 16, # 18 Fitzgerald Decl. Ex. 17, # 19 Fitzgerald Decl. Ex. 18, # 20 Fitzgerald Decl. Ex. 19, # 21 Fitzgerald Decl. Ex. 20, # 22 Fitzgerald Decl. Ex. 21, # 23 Fitzgerald Decl. Ex. 22, # 24 Fitzgerald Decl. Ex. 23, # 25 Fitzgerald Decl. Ex. 24, # 26 Fitzgerald Decl. Ex. 25, # 27 Fitzgerald Decl. Ex. 26, # 28 Fitzgerald Decl. Ex. 27, # 29 Fitzgerald Decl. Ex. 28, # 30 Fitzgerald Decl. Ex. 29, # 31 Declaration of Dr. Gilbert Kaats, # 32 Certificate of Service)(Fitzgerald, Jack) (kas). (Entered: 04/01/2016) 2016-10-31 15:25:34 c41e511c3a9a97db9ff89e856a76808104790b54
2016-04-01 183 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack). (jah). (Entered: 04/01/2016)
2016-04-01 184 0 SEALED LODGED Proposed Document re: 183 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, Jack). (jah). (Entered: 04/01/2016)
2016-04-01 185 0 Ex Parte MOTION to Amend/Correct Scheduling Order by Obesity Research Institute, LLC. (Attachments: # 1 Memo of Points and Authorities re Ex Parte Motion for Amendment of Scheduling Order, # 2 Declaration of Sean Flaherty ISO of Ex Parte Motion, # 3 Exhibit 1 to Sean Flaherty's Decl)(Abeln, Amanda) (kas). (Entered: 04/01/2016)
2016-04-01 186 0 MOTION for Summary Judgment , or in the Alternative, MOTION for Partial Summary Judgment by Fiber Research International, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Jack Fitzgerald, # 3 Ex. 1, # 4 Ex. 2, # 5 Ex. 3, # 6 Ex. 4, # 7 Ex. 5, # 8 Ex. 6, # 9 Ex. 7, # 10 Ex. 8, # 11 Ex. 9, # 12 Ex. 10, # 13 Ex. 11, # 14 Ex. 12, # 15 Ex. 13, # 16 Ex. 14, # 17 Ex. 15, # 18 Ex. 16, # 19 Ex. 17, # 20 Ex. 18, # 21 Ex. 19, # 22 Ex. 20, # 23 Ex. 21, # 24 Ex. 22, # 25 Ex. 23, # 26 Ex. 24, # 27 Ex. 25, # 28 Ex. 26, # 29 Ex. 27, # 30 Ex. 28, # 31 Ex. 29, # 32 Ex.30, # 33 Ex. 31, # 34 Ex. 32, # 35 Ex. 33, # 36 Ex. 34, # 37 Ex. 35, # 38 Ex. 36, # 39 Ex. 37, # 40 Ex. 38, # 41 Ex. 39, # 42 Ex. 40, # 43 Ex. 41, # 44 Ex. 42, # 45 Ex. 43, # 46 Ex. 44, # 47 Ex. 45, # 48 Ex. 46, # 49 Ex. 47, # 50 Ex. 48, # 51 Ex. 49, # 52 Ex. 50, # 53 Ex. 51, # 54 Ex. 52, # 55 Ex. 53, # 56 Ex. 54, # 57 Ex. 55, # 58 Ex. 56, # 59 Ex. 57, # 60 Ex. 58, # 61 Ex. 59, # 62 Ex. 60, # 63 Ex. 61, # 64 Ex. 62, # 65 Ex. 63, # 66 Ex. 64, # 67 Ex. 65, # 68 Ex. 66, # 69 Ex. 67, # 70 Ex. 68, # 71 Ex. 69, # 72 Ex. 70, # 73 Ex. 71, # 74 Ex. 72, # 75 Ex. 73, # 76 Ex. 74, # 77 Ex. 75, # 78 Ex. 76, # 79 Ex. 77, # 80 Ex. 78, # 81 Ex. 79, # 82 Ex. 80, # 83 Ex. 81, # 84 Ex. 82, # 85 Ex. 83, # 86 Ex. 84, # 87 Ex. 85, # 88 Ex. 86, # 89 Ex. 87, # 90 Ex. 88, # 91 Ex. 89, # 92 Ex. 90, # 93 Ex. 91, # 94 Ex. 92, # 95 Ex. 93, # 96 Ex. 94, # 97 Ex. 95, # 98 Ex. 96, # 99 Ex. 97, # 100 Request for Judicial Notice, # 101 Declaration of Yoshi Shimizu, # 102 Declaration of John Alkire, # 103 Certificate of Service)(Fitzgerald, Jack). Added MOTION for Partial Summary Judgment on 4/4/2016 (kas). Modified on 4/4/2016 qc mail sent re motion parts (kas). (Entered: 04/01/2016)
2016-04-01 187 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack) (vam). (Entered: 04/01/2016)
2016-04-01 188 0 SEALED LODGED Proposed Document re: 187 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, Jack) (vam). (Entered: 04/01/2016)
2016-04-01 189 0 MOTION to Exclude the Report and Testimony of Dr. Laura Lerner by Fiber Research International, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Trevor M. Flynn, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Certificate of Service)(Fitzgerald, Jack) (kas). (Entered: 04/01/2016)
2016-04-01 190 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack) (vam). (Entered: 04/01/2016)
2016-04-01 191 0 SEALED LODGED Proposed Document re: 190 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, Jack) (vam). (Entered: 04/01/2016)
2016-04-01 192 0 MOTION to Exclude Obesity Research's Non-Retained Expert Witnesses by Fiber Research International, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Melanie Persinger, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Certificate of Service)(Fitzgerald, Jack) (kas). (Entered: 04/01/2016)
2016-04-01 193 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack) (vam). (Entered: 04/01/2016)
2016-04-01 194 0 SEALED LODGED Proposed Document re: 193 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Fitzgerald, Jack) (vam). (Entered: 04/01/2016)
2016-04-04 195 0 MOTION to File Documents Under Seal (Sybert, Richard). (jah). (Entered: 04/04/2016)
2016-04-04 196 0 SEALED LODGED Proposed Document re: 195 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Sybert, Richard). (jah). (Entered: 04/04/2016)
2016-04-04 197 0 (Redacted) RESPONSE in Opposition re 161 MOTION for Default Judgment against Obesity Research Institute, LLC filed by Obesity Research Institute, LLC. (Attachments: # 1 Declaration of Sean D. Flaherty, # 2 Declaration of Amanda R. Abeln, # 3 Appendix of Exhibits, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6 (Redacted))(Sybert, Richard). (jah). (Entered: 04/04/2016)
2016-04-05 198 0 ORDER Setting Oral Argument re 166 Ex Parte MOTION to Set Aside Default, 161 MOTION for Default Judgment against Obesity Research Institute, LLC : Motion Hearing set for 4/18/2016 02:30 PM in Courtroom 4B before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 4/5/2016. (jah) (Entered: 04/05/2016)
2016-04-05 199 0 ORDER granting 134 Defendant's MOTION to Compel Nutralliance's Compliance with Subpoena Duces Tecum. Defendant's motion is GRANTED as provided herein. Nutralliance, Inc., is ORDERED to complete its production of responsive, non-privileged documents by April 15, 2016. Signed by Magistrate Judge Mitchell D. Dembin on 4/5/16. (Dembin, Mitchell) (Entered: 04/05/2016)
2016-04-06 200 0 ORDER granting in part and denying in part 113 Defendant's MOTION to Compel Advanced Botanical Consulting & Testing, Inc.'s Compliance with Subpoena Duces Tecum. To the extent required herein, ABC Labs must produce any responsive, non-privileged information no later than April 22, 2016, unless otherwise ordered by the Court or agreed by the parties. Signed by Magistrate Judge Mitchell D. Dembin on 4/6/16. (Dembin, Mitchell) (Entered: 04/06/2016)
2016-04-06 201 0 ORDER granting 172 Motion to File Documents Under Seal. Redacted versions having publicly been filed 171 , the instant motion is granted. Signed by Magistrate Judge Mitchell D. Dembin on 4/6/16. (no document attached) (Dembin, Mitchell) (Entered: 04/06/2016)
2016-04-06 203 0 ORDER denying 147 Plaintiff's Application for an Order to Show Cause Why Rieu Shimizu Should Not Be Held in Contempt (filed as Motion for Discovery). As provided herein, the Court finds that it lacks personal jurisdiction over Mr. Shimizu. Signed by Magistrate Judge Mitchell D. Dembin on 4/6/16. (Dembin, Mitchell) (Entered: 04/06/2016)
2016-04-07 204 0 Ex Parte MOTION for a Consolidated Summary Judgment Briefing Schedule by Obesity Research Institute, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Proof of Service)(Flaherty, Sean). Modified on 4/8/2016 - Removed duplicate text (jah). (Entered: 04/07/2016)
2016-04-08 205 0 ORDER granting in part and denying in part 171 Defendant's Motion to Strike Plaintiff's First Supplemental Initial Disclosures as presented in the instant Joint Motion. As provided herein, Plaintiff is precluded, absent further order from the Court, from using Brian Salerno, other than as a non-retained expert witness, Wendy Wang, Ron Ovadia, Steven Snyder, Gayle Bensussen, Certain 30(b)(6) Witnesses, Patience Hannah, Angela Emmerson, Bradley Sutton, or Jamie Stein to supply evidence on a motion, at a hearing, or at a trial in this case.Signed by Magistrate Judge Mitchell D. Dembin on 4/8/16. (Dembin, Mitchell) (Entered: 04/08/2016)
2016-04-08 206 0 RESPONSE in Opposition re 185 Ex Parte MOTION to Amend/Correct Scheduling Order filed by Fiber Research International, LLC. (Attachments: # 1 Declaration of Melanie Persinger, # 2 Exhibit 1 to the Declaration of Melanie Persinger, # 3 Exhibit 2 to the Declaration of Melanie Persinger, # 4 Exhibit 3 to the Declaration of Melanie Persinger, # 5 Exhibit 4 to the Declaration of Melanie Persinger, # 6 Exhibit 5 to the Declaration of Melanie Persinger, # 7 Exhibit 6 to the Declaration of Melanie Persinger, # 8 Proof of Service)(Fitzgerald, Jack). Modified on 4/11/2016 - Edited text(jah). (Entered: 04/08/2016)
2016-04-08 207 0 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) by Shimizu Chemical Corporation. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Yoshi Shimizu, # 3 Exhibit 1 to Shimizu Declaration, # 4 Declaration of Jack Fitzgerald, # 5 Exhibit 1 to Fitzgerald Declaration, # 6 Certificate of Service)(Fitzgerald, Jack). Attorney Jack Fitzgerald added to party Shimizu Chemical Corporation (pty:dft). (jah). (Entered: 04/08/2016)
2016-04-08 208 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack). (jah). (Entered: 04/08/2016)
2016-04-08 209 0 SEALED LODGED Proposed Document re: 208 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, Jack). (jah). (Entered: 04/08/2016)
2016-04-11 210 0 Joint MOTION for Discovery Regarding Fiber Research's Motion to Deem Matters Admitted by Fiber Research International, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Melanie Persinger, # 3 Exhibit 1 to the Declaration of Melanie Persinger, # 4 Exhibit 2 to the Declaration of Melanie Persinger, # 5 Exhibit 3 to the Declaration of Melanie Persinger, # 6 Exhibit 4 to the Declaration of Melanie Persinger, # 7 Exhibit 5 to the Declaration of Melanie Persinger, # 8 Declaration of Amanda R. Abeln, # 9 Proof of Service)(Fitzgerald, Jack). Modified on 4/11/2016 - Edited attachment descriptions (jah). (Entered: 04/11/2016)
2016-04-11 211 0 REPLY to Response to Motion re 161 MOTION for Default Judgment against Obesity Research Institute, LLC filed by Fiber Research International, LLC. (Attachments: # 1 Reply Declaration of Jack Fitzgerald, # 2 Fitzgerald Reply Decl. Ex. 1, # 3 Fitzgerald Reply Decl. Ex. 2, # 4 Certificate of Service)(Fitzgerald, Jack). (jah). (Entered: 04/11/2016)
2016-04-11 212 0 REPLY to Response to Motion re 156 MOTION to Seal a Previously Filed Document re 41 Amended Counterclaim, filed by Obesity Research Institute, LLC. (Attachments: # 1 Declaration of Sean D. Flaherty, # 2 Exhibit 1, # 3 Proof of Service)(Flaherty, Sean). Modified on 4/12/2016 - Edited attachment description (jah). (Entered: 04/11/2016) 2016-10-31 15:35:16 a36aa49d4b9cf3d649e967e3799844d6bd81c66a
212 1 Declaration of Sean D. Flaherty
212 2 Exhibit 1 2016-10-31 15:36:44 83de688ea9836d5fb6286422c05dd3d544d158b8
212 3 Proof of Service
2016-04-12 213 0 Partial RESPONSE in Opposition re 204 Ex Parte MOTION for a Consolidated Summary Judgment Briefing Schedule filed by Fiber Research International, LLC. (Attachments: # 1 Certificate of Service)(Fitzgerald, Jack). Modified on 4/12/2016 - Text has double wording. QC Email sent. Edited text (jah). (Entered: 04/12/2016)
2016-04-13 214 0 ORDER granting Plaintiff's 204 Ex Parte Motion for Consolidated Summary Judgment Briefing Schedule. Court vacates all briefing dates related to Fiber Research International's (FRI) summary judgment motion. The motion will be held in abeyance until Shimizu's jurisdictional challenge is resolved. After a ruling is issued on Shimizu's jurisdictional challenege, Court orders the parties to meet and confer to devise a briefing schedule for the consolidated cross-motions for summary judgment, and file a joint motion with proposed briefing dates no later than 7 days after Court issues a ruling on Shimizu's motion to dismiss. Signed by Judge Cynthia Bashant on 4/13/2016. (jah) (Entered: 04/14/2016)
2016-04-15 215 0 ORDER denying without prejudice 185 Plaintiff's Ex Parte Motion to Amend the Scheduling Order. Until Defendant Shimizu Chemical Corporation's motion to dismiss 207 has been resolved, this motion is premature. Signed by Magistrate Judge Mitchell D. Dembin on 4/15/2016. (no document attached) (atk) (Entered: 04/15/2016)
2016-04-15 216 0 MOTION to File Documents Under Seal (Flaherty, Sean) (Entered: 04/15/2016)
2016-04-16 217 0 REDACTED MOTION to Exclude Dr. Fahey by Obesity Research Institute, LLC. (Attachments: # 1 Memo of Points and Authorities REDACTED, # 2 Declaration of Sean D. Flaherty, # 3 Appendix, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11)(Flaherty, Sean) Modified text on 4/18/2016 (rlu). (Entered: 04/16/2016)
2016-04-16 218 0 SEALED LODGED Proposed Document re: 216 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Flaherty, Sean) (Entered: 04/16/2016)
2016-04-18 219 0 ORDER on Fiber Research's 102 Motion for Attorneys' Fees. The Court Grants Fiber Research's motion for attorneys' fees and Orders Obesity Research to pay Fiber Research $28,260.00 within 30 days of this Order, absent further order of the Court or agreement of the parties. Signed by Magistrate Judge Mitchell D. Dembin on 4/18/2016. (rlu) (Entered: 04/18/2016)
2016-04-18 220 0 Redacted RESPONSE in Opposition re 189 MOTION to Exclude the Report and Testimony of Dr. Laura Lerner filed by Obesity Research Institute, LLC. (Attachments: # 1 Declaration of Sean D. Flaherty, # 2 Exhibit A to the Declaration of Sean D. Flaherty)(Abeln, Amanda). (jah). (Main Document 220 replaced on 5/16/2016) (jah). (Attachment 1 replaced on 5/16/2016) (jah). (Attachment 2 replaced on 5/16/2016) (jah). Modified on 5/16/2016 - Corrected image per request of staff member of filing attorney (jah). (Main Document 220 replaced on 5/18/2016) (rlu). (Attachment 1 replaced on 5/18/2016) (rlu). (Attachment 2 replaced on 5/18/2016) (rlu). Corrected image per request on 5/18/2016 (rlu). (Entered: 04/18/2016)
2016-04-18 221 0 MOTION to File Documents Under Seal (Abeln, Amanda) (Entered: 04/18/2016)
2016-04-18 222 0 RESPONSE in Opposition re 192 MOTION to Exclude Obesity Research's Non-Retained Expert Witnesses filed by Obesity Research Institute, LLC. (Attachments: # 1 Declaration of Sean D. Flaherty in support of opposition to motion to exclude non-retained experts, # 2 Declaration of Allison Borts in support of opposition to motion to exclude non-retained experts, # 3 Declaration of Henny Den Uijl, # 4 Appendix of Exhibits, # 5 Exhibit 1 to the Declaration of Sean D. Flaherty, # 6 Exhibit 2 to the Declaration of Henny Den Uijl, # 7 Exhibit 3 to the Declaration of Allison Borts, # 8 Exhibit 4 to the Declaration of Sean D. Flaherty, # 9 Exhibit 5 to the Declaration of Sean D. Flaherty, # 10 Exhibit 6 to the Declaration of Sean D. Flaherty, # 11 Exhibit 7 to the Declaration of Sean D. Flaherty)(Flaherty, Sean) (Main Document 222 replaced on 4/19/2016) (jah). Modified on 4/19/2016 - Corrected image per request of staff member of filing atty (jah). (Entered: 04/18/2016)
2016-04-18 223 0 MOTION to File Documents Under Seal (Flaherty, Sean) (Entered: 04/18/2016)
2016-04-18 224 0 SEALED LODGED Proposed Document re: 223 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Flaherty, Sean) (Entered: 04/19/2016)
2016-04-18 225 0 SEALED LODGED Proposed Document re: 221 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Abeln, Amanda) (Entered: 04/19/2016)
2016-04-18 226 0 ORDER Granting Motion to File Documents Under Seal 103 . Signed by Judge Cynthia Bashant on 4/18/2016. (vam) (Entered: 04/19/2016)
2016-04-18 227 0 Minute Order for proceedings held before Judge Cynthia Bashant: Motion Hearing held on 4/18/2016. Denying 156 Motion to Seal a Previously Filed Document re 41 Amended Counterclaim, filed by Obesity Research Institute, LLC; denying 161 Motion for Default Judgment against Obesity Research Institute LLC; granting 162 Motion to File Documents Under Seal; granting 166 Ex Parte Motion to Set Aside Default and Ex Parte Motion for Extension of Time to File Answer; denying 180 Ex Parte Motion for Leave to File Reply to Opposition to Set Aside Entry of Default, Ex Parte Motion for Extension of Time to File Answer to First Amended Counterclaims, and Ex Parte Motion for Oral Arguement; granting 183 Motion to File Documents Under Seal; granting 195 Motion to File Documents Under Seal. (Court Reporter/ECR Dana Peabody). (Plaintiff Attorney Richard Sybert, Amanda Abeln, and Sean Flaherty).(Defendant Attorney Jack Fitzgeral, Trevor Flynn, and Melanie Persinger). (no document attached) (sxm) (Entered: 04/19/2016)
2016-04-19 228 0 ANSWER to 41 First Amended Counterclaim by Obesity Research Institute, LLC.(Sybert, Richard). Modified on 4/19/2016 - Edited text and added link to Amended Counterclaim (jah). (Entered: 04/19/2016) 2016-10-05 15:26:47 0f574446ab487d27c6156d92d841f6dfb98115c1
2016-04-25 230 0 REPLY to Response to Motion re 189 MOTION to Exclude the Report and Testimony of Dr. Laura Lerner filed by Fiber Research International, LLC. (Attachments: # 1 Reply Declaration of Trevor M. Flynn, # 2 Flynn Reply Decl. Ex. 1, # 3 Flynn Reply Decl. Ex. 2, # 4 Flynn Reply Decl. Ex. 3, # 5 Certificate of Service)(Fitzgerald, Jack). (jah). (Entered: 04/25/2016)
2016-04-25 231 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack) (Entered: 04/25/2016)
2016-04-25 232 0 SEALED LODGED Proposed Document re: 231 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, Jack) (Entered: 04/25/2016)
2016-04-25 233 0 REPLY to Response to Motion re 192 MOTION to Exclude Obesity Research's Non-Retained Expert Witnesses filed by Fiber Research International, LLC. (Attachments: # 1 Reply Declaration of Melanie Persinger, # 2 Persinger Reply Decl. Ex. 1, # 3 Persinger Reply Decl. Ex. 2, # 4 Certificate of Service)(Fitzgerald, Jack). (jah). (Entered: 04/25/2016)
2016-04-25 234 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack) (Entered: 04/25/2016)
2016-04-25 235 0 SEALED LODGED Proposed Document re: 234 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, Jack) (Entered: 04/25/2016)
2016-04-25 236 0 MOTION to File Documents Under Seal (Sybert, Richard) (Entered: 04/25/2016)
2016-04-25 237 0 SEALED LODGED Proposed Document re: 236 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Sybert, Richard) (Entered: 04/25/2016)
2016-04-25 238 0 RESPONSE in Opposition re 207 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) filed by Obesity Research Institute, LLC. (Attachments: # 1 Declaration of Henny den Uijl, # 2 Declaration of Sean D. Flaherty, # 3 Request for Judicial Notice, # 4 Index of Exhibits, # 5 Exhibit 1 to Index of Exhibits, # 6 Exhibit 2 to Index of Exhibits, # 7 Exhibit 3 to Index of Exhibits, # 8 Exhibit 4 to Index of Exhibits, # 9 Exhibit 5 to Index of Exhibits, # 10 Exhibit 6 to Index of Exhibits, # 11 Exhibit 7 to Index of Exhibits, # 12 Exhibit 8 to Index of Exhibits, # 13 Exhibit 9 to Index of Exhibits)(Sybert, Richard). (jah). (Entered: 04/25/2016)
2016-04-26 239 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 4/18/2016, before Judge Cynthia Bashant. Court Reporter/Transcriber: Dana Peabody. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/17/2016. Redacted Transcript Deadline set for 5/27/2016. Release of Transcript Restriction set for 7/25/2016. (akr) (Entered: 04/26/2016) 2016-10-31 16:52:41 2af10434e86c38f7157b37a2d4d0f208ff43601b
2016-05-02 240 0 REPLY to Response to Motion re 207 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) filed by Shimizu Chemical Corporation. (Attachments: # 1 Proof of Service)(Fitzgerald, Jack). Modified on 5/3/2016 - Wrong event. QC Email sent. Corrected text (jah). (Entered: 05/02/2016)
2016-05-02 241 0 RESPONSE in Opposition re 217 MOTION to Exclude Dr. Fahey filed by Fiber Research International, LLC. (Attachments: # 1 Declaration of Jack Fitzgerald, # 2 Fitzgerald Decl. Ex. 1, # 3 Redacted Fitzgerald Decl. Ex. 2, # 4 Fitzgerald Decl. Ex. 3, # 5 Redacted Fitzgerald Decl. Ex. 4, # 6 Certificate of Service)(Fitzgerald, Jack). Modified on 5/3/2016 - Edited text (jah). (Entered: 05/02/2016)
2016-05-02 242 0 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, Jack). (jah). (Entered: 05/02/2016)
2016-05-02 243 0 SEALED LODGED Proposed Document re: 242 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, Jack). (jah). (Entered: 05/02/2016)
2016-05-03 244 0 NOTICE of Lodgment by Shimizu Chemical Corporation re 240 Response in Support of Motion, (Attachments: # 1 Corrected Reply Memorandum in Support of Shimizu Chemical Corp.'s Motion to Dismiss, # 2 Proof of Service)(Fitzgerald, Jack). (jah). (Entered: 05/03/2016)
2016-05-03 245 0 OBJECTION by Obesity Research Institute, LLC re 240 Response in Support of Motion. (Attachments: # 1 Proof of Service)(Flaherty, Sean). (jah). (Entered: 05/03/2016)
2016-05-04 246 0 RESPONSE re 245 Objection to Reply in Support of Motion to Dismiss the First Amended Complaint filed by Shimizu Chemical Corporation. (Attachments: # 1 Proof of Service)(Fitzgerald, Jack). Modified on 5/5/2016 - Edited text (jah). (Entered: 05/04/2016)
2016-05-06 247 0 MOTION to File Documents Under Seal (Sybert, Richard). (jah). (Entered: 05/06/2016)
2016-05-06 248 0 SEALED LODGED Proposed Document re: 247 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Sybert, Richard). (jah). (Entered: 05/06/2016)
2016-05-06 249 0 MOTION for Reconsideration re 205 Order Striking Portions of the Supplemental Disclosures by Obesity Research Institute, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Sean D. Flaherty, # 3 Index of Exhibits, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5 (redacted), # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13)(Sybert, Richard). Modified on 5/9/2016 - Duplicate motion filed. Deleted duplicate motion, edited text and added link to Order (jah). (Entered: 05/06/2016)
2016-05-09 250 0 MOTION to File Documents Under Seal (Flaherty, Sean). (jah). (Entered: 05/09/2016)
2016-05-09 251 0 SEALED LODGED Proposed Document re: 250 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Flaherty, Sean). (jah). (Entered: 05/09/2016)
2016-05-09 252 0 REPLY to Response to Motion re 217 MOTION to Exclude Dr. Fahey filed by Obesity Research Institute, LLC. (Flaherty, Sean). (jah). (Entered: 05/09/2016)
2016-05-10 253 0 ORDER Setting Hearing on Motion re: 174 MOTION to Compel Production of Documents, MOTION to Exclude Evidence of Costs: Motion Hearing set for 5/18/2016 10:00 AM in Courtroom 1E before Magistrate Judge Mitchell D. Dembin. Signed by Magistrate Judge Mitchell D. Dembin on 5/10/2016. (jah) (Entered: 05/11/2016)
2016-05-11 254 0 MOTION to Withdraw as Attorney by Obesity Research Institute, LLC (Abeln, Amanda). Modified on 5/12/2016 - Extra text added in all caps. Should be Motion. QC Email sent. Corrected entry (jah). (Entered: 05/11/2016)
2016-05-12 255 0 ORDER granting 210 Joint MOTION for Discovery Regarding Fiber Research's Motion to Deem Matters Admitted. As provided herein, Defendant's motion to deem admitted Requests for Admission 4-8 and 18-19, presented in the instant Joint Motion, is GRANTED. Signed by Magistrate Judge Mitchell D. Dembin on 5/12/16. (Dembin, Mitchell) (Entered: 05/12/2016)
2016-05-13 256 0 MOTION to Strike Document 249 MOTION for Reconsideration re 205 Order Striking Portions of the Supplemental Disclosures; OBJECTION to Motion for Reconsideration of the April 8, 2016 Order Striking Portions of the Supplemental Disclosures by Fiber Research International, LLC. (Attachments: # 1 Certificate of Service)(Fitzgerald, Jack). Modified on 5/16/2016 - Multi pleadings filed as one. Edited motion and docket text (jah). (Entered: 05/13/2016)
2016-05-16 257 0 Minute Entry for proceedings scheduled before Magistrate Judge Mitchell D. Dembin: Due to a conflict in the Court's calendar the motion hearing currently scheduled for May 18, 2016, at 10:00 a.m. 253 is continued to May 18, 2016, at 2:00 p.m. (no document attached) (atk) (Entered: 05/16/2016)
2016-05-17 258 0 ORDER granting in part and denying in part 256 Defendant's Objection to Plaintiff's Motion for Reconsideration and Request to Strike (Plaintiff's) Motion or in the Alternative to set Briefing Schedule & Page Limit for Opposing. Defendant's motion to strike Plaintiff's motion for reconsideration 249 is denied. Defendant's motion for briefing schedule and page limit for opposing is granted. See attached Order. Signed by Magistrate Judge Mitchell D. Dembin on 05/17/2016. (atk) (Entered: 05/17/2016)
2016-05-18 259 0 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Motion Hearing held on 5/18/2016 re 174 MOTION to Compel Production of Documents and MOTION to Exclude Evidence of Costs filed by Fiber Research International, LLC. Parties to submit plan for resolution to the Court no later than May 25, 2016. (CD# 5/18/2016 MDD:1:51-2:37). (Plaintiff Attorneys Sean Flaherty and Richard Sybert). (Defendant Attorneys Jack Fitzgerald and Melanie Persinger). (no document attached) (cap) (Entered: 05/18/2016)
2016-05-19 260 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 5/18/2016, before Magistrate Judge Mitchell D. Dembin. Court Reporter/Transcriber: Chari L. Possell. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/9/2016. Redacted Transcript Deadline set for 6/20/2016. Release of Transcript Restriction set for 8/17/2016. (akr) (Entered: 05/19/2016)
2016-05-19 261 0 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin on 5/18/2016: The Court held a hearing to consider the motion entered on the docket as ECF No. 174, as reflected in the Minute Entry at ECF No. 259. Following the hearing on that matter, Plaintiff orally moved to extend pretrial disclosure dates. Defendant orally opposed. The Court denied the motion without prejudice on the record, as reflected in the transcript entered at ECF No. 260.(no document attached) (ja1) (Entered: 05/19/2016)
2016-05-24 262 0 RESPONSE in Opposition re 249 MOTION for Reconsideration re 205 Order Striking Portions of the Supplemental Disclosures filed by Fiber Research International, LLC. (Attachments: # 1 Declaration of Jack Fitzgerald, # 2 Certificate of Service)(Fitzgerald, Jack). (jah). (Entered: 05/24/2016)
2016-05-24 263 0 NOTICE of Election of Damages Remedy and Partial Withdrawal of Motion by Fiber Research International, LLC re 174 MOTION to Compel Production of Documents MOTION to Exclude Evidence of Costs (Fitzgerald, Jack). (jah). (Entered: 05/24/2016)
2016-05-26 264 0 MOTION Objection to Magistrate Judge's May 12, 2016 Order re 255 Order on Motion for Discovery, by Obesity Research Institute, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Sean D. Flaherty, # 3 Exhibit 1 through 6)(Sybert, Richard)(kas). (Entered: 05/26/2016)
2016-05-31 265 0 REPLY to Response to Motion re 249 MOTION for Reconsideration re 205 Order Striking Portions of the Supplemental Disclosures filed by Obesity Research Institute, LLC. (Flaherty, Sean). (jah). (Entered: 05/31/2016)
2016-06-01 266 0 RESPONSE and Objection re 263 Notice of Election of Damages Remedy and Partial Withdrawal of Motion filed by Obesity Research Institute, LLC. (Attachments: # 1 Declaration, # 2 Proof of Service)(Flaherty, Sean). Modified on 6/2/2016 - Edited text (jah). (Entered: 06/01/2016)
2016-06-06 267 0 REPLY re 266 Response and Objection to Fiber Research's Election of Damages Remedy and Partial Withdrawal of Motion filed by Fiber Research International, LLC. (Attachments: # 1 Declaration of Jack Fitzgerald, # 2 Certificate of Service)(Fitzgerald, Jack). Modified on 6/6/2016 - Removed duplicative text (jah). (Entered: 06/06/2016)
2016-06-07 268 0 ORDER granting 175 Motion to File Documents Under Seal. As a redacted version of the sealed documents has been filed, good cause appears to grant this motion. Signed by Magistrate Judge Mitchell D. Dembin on 6/7/16. (no document attached) (Dembin, Mitchell) (Entered: 06/07/2016)
2016-06-07 269 0 ORDER terminating 174 Motion to Compel; denying 174 Motion to Exclude Evidence of Costs. As provided herein, the Court accepts Defendant's withdrawal 263 of the portion of this motion containing Defendant's Motion to Compel and denies without prejudice Defendant's motion to exclude evidence of costs. Signed by Magistrate Judge Mitchell D. Dembin on 6/7/16. (Dembin, Mitchell) (Entered: 06/07/2016)
2016-06-07 270 0 ORDER granting 178 Motion to File Documents Under Seal. Redacted, public versions of the sealed documents have been filed. Accordingly, there is good cause to grant this motion. Signed by Magistrate Judge Mitchell D. Dembin on 6/7/16. (no document attached) (Dembin, Mitchell) (Entered: 06/07/2016)
2016-06-07 271 0 ORDER granting 177 Defendant's MOTION to Exclude Certain Portions of the Supplemental Beaton Report. Signed by Magistrate Judge Mitchell D. Dembin on 6/7/16. (Dembin, Mitchell) (Entered: 06/07/2016)
2016-06-07 272 0 ORDER granting in part and denying in part 249 Plaintiff's MOTION for Reconsideration re 205 Order Striking Portions of Plaintiff's Supplemental Disclosures. As provided herein, the supplemental disclosure of Wendi Wang as a witness may stand. In all other respects, the Court's Order of April 8, 2016, 205 , is confirmed. Signed by Magistrate Judge Mitchell D. Dembin on 6/7/16. (Dembin, Mitchell) (Entered: 06/07/2016)
2016-06-13 273 0 RESPONSE in Opposition re 264 MOTION Objection to Magistrate Judge's May 12, 2016 Order re 255 Order on Motion for Discovery, filed by Fiber Research International, LLC. (Attachments: # 1 Declaration of Melanie Persinger in Opposition to Obesity Research's Objection to Magistrate Judge's May 12, 2016 Discovery Order, # 2 Proof of Service)(Persinger, Melanie) (Entered: 06/13/2016)
2016-06-14 274 0 Joint MOTION to Amend/Correct 72 Scheduling Order, by Obesity Research Institute, LLC. (Attachments: # 1 Declaration of Sean D. Flaherty, # 2 Declaration of Melanie Persinger, # 3 Exhibit 1 to the Declaration of Melanie Persinger)(Flaherty, Sean). (jah). (Entered: 06/14/2016)
2016-06-17 275 0 ORDER denying without prejudice 274 Plaintiff's Motion to Amend the Scheduling Order presented in the Joint Motion of the parties. Signed by Magistrate Judge Mitchell D. Dembin on 6/17/16. (Dembin, Mitchell) (Entered: 06/17/2016) 2016-06-28 19:00:06 732784decc15d32879f9d2fc8f7b9ed5a5b047d4
2016-06-20 276 0 MOTION to File Documents Under Seal (Flaherty, Sean). (jah). (Entered: 06/20/2016)
2016-06-20 277 0 SEALED LODGED Proposed Document re: 276 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Flaherty, Sean). (jah). (Entered: 06/20/2016)
2016-06-20 278 0 Redacted Pretrial Disclosures by Obesity Research Institute, LLC (Flaherty, Sean). (jah). (Entered: 06/20/2016) 2016-11-03 15:12:45 722ed688040854d64794ea8fb927e485b6c330d5
2016-06-20 279 0 Pretrial Disclosures by Fiber Research International, LLC (Fitzgerald, Jack). (jah). (Entered: 06/20/2016) 2016-06-28 19:14:00 8ab894ac28387f5ef7641d773c58917dd17556e0
2016-06-21 280 0 MOTION to File Documents Under Seal (Sybert, Richard) (dls). (Entered: 06/21/2016)
2016-06-21 281 0 SEALED LODGED Proposed Document re: 280 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Sybert, Richard) (dls). (Entered: 06/21/2016)
2016-06-21 282 0 OBJECTION by Obesity Research Institute, LLC re 271 Order on Motion to Exclude Portions of Beaton Supplemental Report. (Attachments: # 1 Memo of Points and Authorities (Redacted), # 2 Declaration of Allison Borts, # 3 Declaration of Neil Beaton, # 4 Declaration of Richard Sybert, # 5 Declaration of Sean Flaherty, # 6 Exhibit A)(Sybert, Richard). (jah). (Entered: 06/21/2016)
2016-06-21 283 0 NOTICE of Appearance by Yuo-Fong C. Amato on behalf of Obesity Research Institute, LLC (Amato, Yuo-Fong). Attorney Yuo-Fong C. Amato added to party Obesity Research Institute, LLC (pty:pla). (jah). (Entered: 06/21/2016)
2016-06-21 284 0 STRICKEN ON 6/213/2016 PER DISCREPANCY ORDER 286 - OBJECTION by Obesity Research Institute, LLC re 205 Order on Motion to Strike,, 272 Order on Motion for Reconsideration (FRCP Rule 60(b)), Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Allison Borts, # 3 Declaration of Sean Flaherty, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Notice Index of Exhibits, # 15 Proposed Order)(Sybert, Richard). Modified on 6/22/2016 - Proposed Order submitted as attachment. Removed duplicate attachment descriptions (jah). (Main Document 284 replaced on 6/23/2016) (jah). Modified on 6/23/2016 - Ordered stricken, images removed (jah). (Entered: 06/21/2016)
2016-06-23 285 0 NOTICE of Errata by Obesity Research Institute, LLC re 284 Objection, (Attachments: # 1 Proof of Service)(Flaherty, Sean). Modified on 6/23/2016 - No provision for acceptance of Errata. Extra text added in all caps. QC Email sent. Edited to remove extra caps (jah). (Entered: 06/23/2016)
2016-06-23 286 0 Notice of Document Discrepancies and Order Thereon by the Chambers of Judge Cynthia Bashant Rejecting re 284 Objection to Magistrate Judge's Order from Plaintiff Obesity Research Institute, LLC. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature, Proposed Order submitted as an attachment, should be emailed directly to Chambers. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. (jah) (Additional attachment(s) added on 6/23/2016: # 1 Rejected Document) (jah). (Entered: 06/23/2016)
286 1 *Restricted*
2016-06-24 287 0 OBJECTION to Magistrate Judge's Order Re: Supplemental Disclosures re 272 Order on Motion for Reconsideration (FRCP Rule 60(b)), by Obesity Research Institute, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Allison Borts, # 3 Declaration of Sean Flaherty, # 4 Exhibit 1 through 10)(Sybert, Richard). Modified on 6/27/2016 - Wrong event, attached pdf is not a Motion. QC Email sent re correct event. Corrected entry. Motion and judge association termed (jah). (Entered: 06/24/2016) 2016-06-30 16:33:32 831868114cf49f187b202659a8dbac448e611747
287 1 Memo of Points and Authorities
287 2 Declaration of Allison Borts
287 3 Declaration of Sean Flaherty
287 4 Exhibit 1 through 10
2016-06-29 288 0 Joint MOTION for Extension of Time to File Motion to Strike Rebuttal Expert Report of Rick S. Hoffman by Obesity Research Institute, LLC. (Attachments: # 1 Proof of Service)(Flaherty, Sean). Modified on 6/30/2016 - Removed duplicative text (jah). (Entered: 06/29/2016)
2016-07-01 289 0 ORDER granting 288 Joint MOTION for Extension of Time to File Motion to Strike Rebuttal Expert Report of Rick S. Hoffman. The parties actually having agreed to something, the Court will endorse the agreement. Plaintiff may bring its motion to strike the rebuttal expert report of Rick S. Hoffman, if necessary, no later than 14 days after the district judge rules on Plaintiff's objection to this Court's Order striking certain portions of the Beaton expert rebuttal report 271 282 . Signed by Magistrate Judge Mitchell D. Dembin on 7/1/16. (no document attached) (Dembin, Mitchell) (Entered: 07/01/2016)
2016-07-01 290 0 OBJECTION to Second Amended Scheduling Order by Obesity Research Institute, LLC re 275 Order on Motion to Amend/Correct. (Attachments: # 1 Memo of Points and Authorities)(Flaherty, Sean). (jah). (Entered: 07/01/2016)
2016-07-05 291 0 Supplemental Pretrial Disclosures by Obesity Research Institute, LLC (Flaherty, Sean). (jah). (Entered: 07/05/2016)
2016-07-05 292 0 OBJECTION by Obesity Research Institute, LLC re 279 Pretrial Disclosures. (Attachments: # 1 Exhibit 1)(Flaherty, Sean). Modified on 7/6/2016 - Edited text (jah). (Entered: 07/05/2016)
2016-07-05 293 0 OBJECTION by Fiber Research International, LLC re 278 Pretrial Disclosures. (Attachments: # 1 Certificate of Service)(Fitzgerald, Jack). Modified on 7/6/2016 - Edited text (jah). (Entered: 07/05/2016)
2016-07-08 294 0 RESPONSE in Opposition re 287 OBJECTION to Magistrate Judge's Order Re: Supplemental Disclosures re 272 Order on Motion for Reconsideration (FRCP Rule 60(b) filed by Fiber Research International, LLC. (Attachments: # 1 Declaration of Melanie Persinger, # 2 Exhibit 1 to the Declaration of Melanie Persinger, # 3 Exhibit 2 to the Declaration of Melanie Persinger, # 4 Exhibit 3 to the Declaration of Melanie Persinger, # 5 Proof of Service)(Persinger, Melanie).(jah). (Entered: 07/08/2016)
2016-07-08 295 0 RESPONSE in Opposition to Objection to Judge Dembin's June 7, 2016 Order Striking Portions of the Supplemental Report of Neil Beaton re 282 Objection, filed by Fiber Research International, LLC. (Attachments: # 1 Certificate of Service)(Fitzgerald, Jack). Modified on 7/11/2016 - Edited text (jah). (Entered: 07/08/2016)
2016-07-14 296 0 RESPONSE re 290 Objection to Judge Dembin's June 17 Order Denying Motion to Vacate All Pretrial Dates filed by Fiber Research International, LLC. (Attachments: # 1 Proof of Service)(Persinger, Melanie). Modified on 7/15/2016 - Removed duplicative text (jah). (Entered: 07/14/2016)
2016-07-14 297 0 Ex Parte MOTION for Leave to File Reply to Response to Objection by Obesity Research Institute, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Sean D. Flaherty, # 3 Exhibit A to Declaration of Sean D. Flaherty, # 4 Proof of Service)(Flaherty, Sean). Modified on 7/15/2016 - Edited attachment description (jah). (Entered: 07/14/2016)
2016-07-15 298 0 ORDER Vacating Pretrial Dates, Hearings, and Trial. Court vacates all pretrial dates begininning and including the 7/20/2016 pretrial disclosure deadline. Court also vacates the Final Pretrial Conference, Motions In Limine hearing, and Trial date. Court orders the parties to file a joint motion to reset the pretrial dates, hearings, and trial date no later than seven (7) days after Court issues its order on the motion for summary judgment. Court terminates as moot Obesity Research Institute, LLC's 290 Objection to the Second Amended Scheduling Order. Signed by Judge Cynthia Bashant on 7/14/2016.(jah) (Entered: 07/15/2016)
2016-07-15 299 0 NON-OPPOSITION TO MOTION re 297 Ex Parte MOTION for Leave to File Reply to Response to Objection by Fiber Research International, LLC (Attachments: # 1 Certificate of Service)(Fitzgerald, Jack). Modified on 7/15/2016 - Wrong event. QC Email sent. Corrected text (jah). (Entered: 07/15/2016)
2016-07-18 300 0 REPLY - Other re 282 Objection to Order to Strike Portions of Beaton Supplemental Report filed by Obesity Research Institute, LLC. (Attachments: # 1 Request for Judicial Notice, # 2 Exhibit B)(Sybert, Richard). (jah). (Entered: 07/18/2016)
2016-07-20 301 0 ORDER Authorizing Filing of Surreply re 207 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1). Court will permit Obesity Research Institute to file a surreply to Shimizu's 207 MOTION to Dismiss for Lack of Jurisdiction. Surreply shall not exceed 5 pages, shall address solely the issue of ripeness, and must be file by 7/27/2016. Signed by Judge Cynthia Bashant on 7/20/2016. (jah) (Entered: 07/20/2016)
2016-07-25 302 0 REPLY - Other re 287 OBJECTION to Magistrate Judge's Order Re: Supplemental Disclosures re 272 Order on Motion for Reconsideration (FRCP Rule 60(b) filed by Obesity Research Institute, LLC. (Sybert, Richard). (jah). (Entered: 07/25/2016)
2016-07-27 303 0 MOTION to File Documents Under Seal (Sybert, Richard) (dls). (Entered: 07/27/2016)
2016-07-27 304 0 SEALED LODGED Proposed Document re: 303 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Sybert, Richard) (dls). (Entered: 07/27/2016)
2016-07-27 305 0 SUR-REPLY re 207 MOTION to Dismiss for Lack of Jurisdiction Pursuant to FRCP 12(b)(1) filed by Obesity Research Institute, LLC. (Sybert, Richard). (jah). (Entered: 07/27/2016)
2016-08-10 306 0 MOTION to File Documents Under Seal (Flaherty, Sean) (dls). (Entered: 08/10/2016)
2016-08-10 307 0 *DOCUMENT FILED UNDER SEAL ON 8/15/2016* SEALED LODGED Proposed Document re: 306 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Flaherty, Sean) (dls). (Main Document 307 replaced on 8/15/2016; modified docket text accordingly) (dls). (Entered: 08/10/2016)
2016-08-10 308 0 Joint MOTION for Discovery Regarding, MOTION to Compel Reproduction of Documents by Obesity Research Institute, LLC. (Attachments: # 1 Declaration of Patrick Mulkern, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Declaration of Melanie Persinger, # 10 Exhibit 1, # 11 Exhibit 2, # 12 Declaration of John Alkire)(Flaherty, Sean) (kas). (Entered: 08/10/2016)
2016-08-11 309 0 ORDER denying 308 Plaintiff's Motion for Discovery and to Compel Reproduction of Documents as presented in this Joint Motion. Plaintiff is seeking reproduction of certain documents provided to Plaintiff in mid-December 2015 based upon the formatting of the documents. The time to bring that motion before the court expired many months ago and no good cause for the delay is presented. Motion DENIED. Signed by Magistrate Judge Mitchell D. Dembin on 8/11/16. (no document attached) (Dembin, Mitchell) (Entered: 08/11/2016)
2016-08-15 310 0 ORDER granting 306 Motion to File Documents Under Seal. A public, redacted version of the underlying Motion having been filed 308 , and good cause appearing, the instant Motion is GRANTED. Signed by Magistrate Judge Mitchell D. Dembin on 8/15/16. (no document attached) (Dembin, Mitchell) (Entered: 08/15/2016)
2016-08-25 312 0 MOTION to File Documents Under Seal (Flaherty, Sean) (kcm). (Entered: 08/25/2016)
2016-08-25 313 0 SEALED LODGED Proposed Document re: 312 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Flaherty, Sean) (kcm). (Entered: 08/25/2016)
2016-08-25 314 0 OBJECTION by Obesity Research Institute, LLC re 309 Order on Motion for Discovery,,, Order on Motion to Compel. (Attachments: # 1 Memo of Points and Authorities)(Flaherty, Sean). (jah). (Entered: 08/25/2016)
2016-09-02 315 0 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9380074.) (Application to be reviewed by Clerk.) (Parkinson, David)(aef). (Entered: 09/02/2016)
2016-09-08 316 0 PRO HAC APPROVED: David R. Parkinson appearing for Defendant Fiber Research International, LLC. (no document attached) (aef) (Entered: 09/08/2016)
2016-09-08 317 0 RESPONSE re 314 Objection to Judge Dembin's Order Denying Motion to Compel Reproduction of Documents filed by Fiber Research International, LLC. (Attachments: # 1 Proof of Service)(Persinger, Melanie). Modified on 9/8/2016 - Edited text (jah). (Entered: 09/08/2016)
2016-09-19 318 0 MOTION to File Documents Under Seal (Sybert, Richard) (dls). (Entered: 09/19/2016)
2016-09-19 319 0 SEALED LODGED Proposed Document re: 318 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Sybert, Richard) (dls). (Entered: 09/19/2016)
2016-09-19 320 0 REPLY to Response to Motion re 308 Joint MOTION for Discovery Regarding MOTION to Compel Reproduction of Documents filed by Obesity Research Institute, LLC. (Sybert, Richard) (acc). (Modified on 9/20/2016 - spoke to attorney, disregard "filed under seal" text as it was an oversight and the non-redacted version has been filed) (dls). (Entered: 09/19/2016)