NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:17-cv-11850-DJC, 1:17-cv-11435-DJC(Scalfani, Deborah)
Transcript of Status Conference held on October 7, 2019, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 12/24/2019. Redacted Transcript Deadline set for 1/3/2020. Release of Transcript Restriction set for 3/2/2020. Associated Cases: 1:17-cv-11850-DJC, 1:17-cv-11435-DJC(Scalfani, Deborah)
Judge Denise J. Casper: ELECTRONIC ORDER entered re: 135 Motion PURSUANT TO RULES 59(e) AND 60(b) OF THE FED. R. CIV. P. TO MODIFY THE COURT'S ENTRY OF SUMMARY JUDGMENT by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC. Having considered the motion, D. 135, opposition, D. 143, and the reply, D. 144-1, the Court DENIES the motion to modify the entry of summary judgment. (Hourihan, Lisa)
146
Filed: 11/8/2019, Entered: 11/8/2019
Judge Denise J. Casper: ELECTRONIC ORDER entered re: 144 Motion for Leave to File Reply Brief in Support of Their Motion Pursuant to Rules 59(e) and 60(b) of the Fed. R. Civ. P. to Modify the Court's Entry of Summary Judgment) by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC. Motion for leave to file reply brief is ALLOWED. The Court considered D. 144-1 in the resolution of D. 135. (Hourihan, Lisa)
145
Filed: 10/7/2019, Entered: 10/8/2019
Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 10/7/2019. Court hears from counsel on the scope of discovery. Court takes matter under advisement. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Jason Zweig for the plaintiffs. Anand Agenshwar, Daniel Pariser, Jocelyn Wiesner and Michael Pineault for the defendant.) Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC, 1:18-cv-11269-DJC, 1:19-cv-10164-DJC(Hourihan, Lisa)
MOTION for Leave to File Reply Brief in Support of Their Motion Pursuant to Rules 59(e) and 60(b) of the Fed. R. Civ. P. to Modify the Court's Entry of Summary Judgment) by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC. (Attachments: # 1 Exhibit A (Plaintiffs' Reply Brief))(Zweig, Jason)
Opposition re 135 MOTION PURSUANT TO RULES 59(e) AND 60(b) OF THE FED. R. CIV. P. TO MODIFY THE COURT'S ENTRY OF SUMMARY JUDGMENT filed by Cynosure, Inc.. (Attachments: # 1 Exhibit A)(Pineault, Michael)
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC(Scalfani, Deborah)
Transcript of Motion Hearing held on June 20, 2019, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 10/4/2019. Redacted Transcript Deadline set for 10/15/2019. Release of Transcript Restriction set for 12/12/2019. Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC(Scalfani, Deborah)
ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 10/7/2019 03:30 PM in Courtroom 11 before Judge Denise J. Casper. Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC, 1:18-cv-11269-DJC, 1:19-cv-10164-DJC(Hourihan, Lisa)
139
Filed: 9/9/2019, Entered: 9/9/2019
Judge Denise J. Casper: ELECTRONIC ORDER entered granting (144) Motion to Reschedule the Status conference in case 1:17-cv-11435-DJC Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC, 1:18-cv-11269-DJC, 1:19-cv-10164-DJC(Hourihan, Lisa)
138
Filed: 9/9/2019, Entered: 9/9/2019
Judge Denise J. Casper: ELECTRONIC ORDER entered granting (142) Motion for Hearing in case 1:17-cv-11435-DJC Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC, 1:18-cv-11269-DJC, 1:19-cv-10164-DJC(Hourihan, Lisa)
Joint MOTION TO RESCHEDULE SEPTEMBER 25, 2019 STATUS CONFERENCE by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC.(Zweig, Jason)
ELECTRONIC NOTICE of Hearing. Status Conference set for 9/25/2019 03:00 PM in Courtroom 11 before Judge Denise J. Casper to discuss D. 141. Associated Cases: 1:17-cv-11850-DJC, 1:18-cv-11269-DJC, 1:19-cv-10164-DJC(Hourihan, Lisa)
MOTION PURSUANT TO RULES 59(e) AND 60(b) OF THE FED. R. CIV. P. TO MODIFY THE COURT'S ENTRY OF SUMMARY JUDGMENT by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC.(Zweig, Jason)
Response by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC (THE PARTIES' PROPOSALS IN RESPONSE TO THE COURT'S AUGUST 9, 2019 ORDER). (Zweig, Jason)
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court DENIES Plaintiffs' motion for class certification, D. 60 (and D. 110 in No. 17-11435-DJC), and ALLOWS Cynosure's motion for summary judgment, D. 55. Associated Cases: 1:17-cv-11850-DJC, 1:17-cv-11435-DJC(Hourihan, Lisa)
Notice of Supplemental Authorities re 60 MOTION to Certify Class (Plaintiffs' Motion for Class Certification and Appointment of Class Counsel) (Attachments: # 1 Supplemental Authority - Slocum v International Paper Company)(Zweig, Jason)
Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 6/20/2019. Arguments. Court takes under advisement (110) Motion to Certify Class in case 1:17-cv-11435-DJC; takes under advisement (55) Motion for Summary Judgment; takes under advisement (60) Motion to Certify Class. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Mark Vazquez for the plaintiffs. Amand Agneshwar, Daniel Pariser, Jocelyn Wiesner, Lori Leskin and Leah Novak for the defedant.) Associated Cases: 1:17-cv-11850-DJC, 1:17-cv-11435-DJC(Hourihan, Lisa)
Notice of Supplemental Authorities re 60 MOTION to Certify Class (Plaintiffs' Motion for Class Certification and Appointment of Class Counsel) (Supplemental Authority in Support of Defendant's Opposition to Class Certification) filed by Cynosure, Inc.. (Pineault, Michael)
Statement of Material Facts L.R. 56.1 re 55 MOTION for Summary Judgment (Omnibus Submission of Statement of Facts and Responses Thereto in Connection with Defendant's Motion for Summary Judgment - Public, Redacted Copy) filed by Cynosure, Inc.. (Pineault, Michael)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 114 MOTION to Seal Document Omnibus Submission Of Statements of Facts and Responses Thereto in Connection with Defendants Motion for Summary Judgment (McKillop, Matthew)
MOTION to Seal Document Omnibus Submission Of Statements of Facts and Responses Thereto in Connection with Defendants Motion for Summary Judgment by Cynosure, Inc..(Pineault, Michael)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 107 Motion to Withdraw as Attorney. Attorney Emily Brown terminated (Hourihan, Lisa)
112
Filed: 6/12/2019, Entered: 6/12/2019
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 109 Motion to Seal unredacted version of Plaintiffs' Response to Defendant's Statement of Undisputed Facts in Support of its Motion for Summary Judgment and Statement of Additional Facts in Opposition (Hourihan, Lisa)
Response by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC to 57 Statement of Material Facts L.R. 56.1 (Plaintiffs' Response to Defendant's Statement of Undisputed Facts in Support of Its Motion for Summary Judgment and Statement of Additional Facts in Opposition [Redacted Version]). (Barnes, Lauren)
MOTION to Seal Document (Unopposed Motion for Leave to File Under Seal) by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC.(Barnes, Lauren)
NOTICE by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC re 76 Status Conference,,, (The Parties' Joint Submission Regarding June 20, 2019 Oral Argument on Plaintiffs' Motion for Class Certification and Defendant's Motion for Summary Judgment) (Barnes, Lauren)
MOTION to Withdraw as Attorney Emily Brown by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC.(Barnes, Lauren)
Judge Denise J. Casper: ELECTRONIC ORDER entered. D. 55: Having preliminarily reviewed the motion papers and opposition regarding Defendant's motion for summary judgment, D. 55, and seeing that Plaintiffs' statement of material facts, D. 91, does not correlate to Defendants' statement of undisputed facts, D. 57; see D. 100 at 12 n.5, the Court ORDERS as follows. By 5 p.m. this evening (June 5, 2019), the Defendant shall serve electronically a Word version of their statement of undisputed facts, D. 57, on Plaintiffs. Plaintiffs shall then have until June 11 at noon to file a response to this statement of undisputed facts that uses the Word document and responses to each of the Defendants' undisputed facts, paragraph by paragraph, and, if disputed, include page references to affidavits, depositions or other documents in the record. If Plaintiffs believe that there are separate disputed material facts, they may identify them in a separate section at the end of this document, paragraph by paragraph with page references to affidavits, depositions and other documents in the record. Plaintiffs shall file this document on ECF and shall serve it on Defendants in an electronic Word document by June 11, 2019 at noon. Defendants will then have until June 18 at noon to respond to any separately identified disputed facts, using this Word document and responding to each of the Plaintiffs' disputed facts, paragraph by paragraph with page references to the affidavits, depositions or other documents in the record.The hearing on this motion (and the class certification motion) shall still go forward on June 20, 2019 as scheduled. (McKillop, Matthew)
105
Filed: 6/3/2019, Entered: 6/3/2019
Judge Denise J. Casper: ELECTRONIC ORDER entered granting (135) Motion to Withdraw as Attorney. Attorney Elizabeth A. Fegan terminated in case 1:17-cv-11435-DJC; granting (104) Motion to Withdraw as Attorney. Attorney Elizabeth A. Fegan terminated in case 1:17-cv-11850-DJC; granting (28) Motion to Withdraw as Attorney. Attorney Elizabeth A. Fegan terminated in case 1:19-cv-10164-DJC Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC, 1:19-cv-10164-DJC(Hourihan, Lisa)
MOTION to Withdraw as Attorney Elizabeth A. Fegan by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC.(Barnes, Lauren)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 102 Motion for Leave to Appear Pro Hac Vice Added Jason A. Zweig. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew)
MOTION for Leave to Appear Pro Hac Vice for admission of Jason A. Zweig Filing fee: $ 100, receipt number 0101-7709250 by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC. (Attachments: # 1 Affidavit of Jason A. Zweig)(Barnes, Lauren)
MEMORANDUM in Support re 60 MOTION to Certify Class (Plaintiffs' Motion for Class Certification and Appointment of Class Counsel) (PLAINTIFFS' REPLY IN SUPPORT OF THEIR MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL) filed by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC. (Barnes, Lauren)
REPLY to Response to 55 MOTION for Summary Judgment (DEFENDANT CYNOSURE, INC.'S REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT) filed by Cynosure, Inc.. (Wiesner, Jocelyn)
ELECTRONIC NOTICE Canceling Hearing on 6/20/19 at 2pm. This hearing has been rescheduled for 6/20/19 at 9am. (Hourihan, Lisa)
98
Filed: 5/23/2019, Entered: 5/23/2019
ELECTRONIC NOTICE Resetting Hearing on Motion (110 in 1:17-cv-11435-DJC) MOTION to Certify Class (Plaintiffs' Motion for Class Certification and Appointment of Class Counsel), (55 in 1:17-cv-11850-DJC) MOTION for Summary Judgment , (60 in 1:17-cv-11850-DJC) MOTION to Certify Class (Plaintiffs' Motion for Class Certification and Appointment of Class Counsel) : Motion Hearing set for 6/20/2019 09:00 AM in Courtroom 11 before Judge Denise J. Casper. Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC(Hourihan, Lisa)
97
Filed: 5/23/2019, Entered: 5/23/2019
Judge Denise J. Casper: ELECTRONIC ORDER entered granting (129) Motion to Reschedule Hearing Time on 6/20/19 in case 1:17-cv-11435-DJC Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC(Hourihan, Lisa)
MOTION Defendant Cynosure LLC's Uncontested Motion to Reschedule the June 20, 2019, 2:00 PM Hearing on Class Certification and Motion for Summary Judgment to June 20, 2019, 9:00 AM re 26 Order on Motion to Amend,,, by Cynosure, Inc..(Pineault, Michael)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 94 Motion for Leave to Appear Pro Hac Vice Added Whitney K. Siehl. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew)
MOTION for Leave to Appear Pro Hac Vice for admission of Whitney K. Siehl Filing fee: $ 100, receipt number 0101-7684800 by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC. (Attachments: # 1 Affidavit of Whitney K. Siehl)(Barnes, Lauren)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 79 Motion to Seal Exhibits 2, 4, 6, 8, 10, 14, and 19 to the Declaration of Jocelyn A. Wiesner in Support of Defendant's Opposition to Plaintiffs' Motion for Issue Certification (Hourihan, Lisa)
87
Filed: 4/19/2019, Entered: 4/19/2019
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 78 Motion for Leave to File Excess; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
86
Filed: 4/19/2019, Entered: 4/19/2019
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 77 Motion to Seal Plaintiffs' Response in Opposition to Defendant Cynosure's Motion for Summary Judgment; Plaintiffs' Statement of Undisputed Facts in Support of Opposition to Defendant Cynosure's Motion for Summary Judgment; and Exhibits 26, 815, 1822, 2432, 34, 3639, 41, 4367, and 73 to the Declaration of Mark T. Vazquez in Support of Plaintiffs' Opposition to Defendant Cynosure's Motion for Summary Judgment. (Hourihan, Lisa)
Opposition re 60 MOTION to Certify Class (Plaintiffs' Motion for Class Certification and Appointment of Class Counsel) filed by Cynosure, Inc.. (Wiesner, Jocelyn)
Statement of Material Facts L.R. 56.1 re 55 MOTION for Summary Judgment (PLAINTIFFS' STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF OPPOSITION TO DEFENDANT CYNOSURE'S MOTION FOR SUMMARY JUDGMENT [REDACTED VERSION]) filed by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC. (Barnes, Lauren)
MEMORANDUM in Opposition re 55 MOTION for Summary Judgment (PLAINTIFFS' RESPONSE IN OPPOSITION TO DEFENDANT CYNOSURE'S MOTION FOR SUMMARY JUDGMENT [REDACTED VERSION]) filed by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC. (Barnes, Lauren)
MOTION to Seal (Unopposed Motion for Leave to File Under Seal) by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC.(Barnes, Lauren)
Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 4/8/2019. Counsel updates the Court as to the WBM discovery and if an extension is necessary. The June 20, 2019 hearing will be oral argument only. Counsel suggest class action argument first then summary judgment. Counsel to confer and file a one page proposal on timing of hearing by 6/7/19. In the Ederra Plastic Surgery Litigation, counsel to file a joint proposal on discovery schedule and address the WBM case by 4/22/19. No further status requested at this time pending hearing on 6/20/19. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes and Mark Vazquez for the plaintiffs. Amand Agneshwar, Daniel Pariser, Jocelyn Wiesner and Michael Pineault for the defendant.) Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC, 1:18-cv-11269-DJC, 1:19-cv-10164-DJC(Hourihan, Lisa)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 73 Motion for Leave to Appear Pro Hac Vice Added Jeniphr Breckenridge. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew)
MOTION for Leave to Appear Pro Hac Vice for admission of Jeniphr Breckenridge Filing fee: $ 100, receipt number 0101-7606205 by Plastic Surgery Associates, S.C.. (Attachments: # 1 Affidavit Affidavit of Jeniphr Breckenridge In Support Of Motion for Leave to Appear Pro Hac Vice)(Barnes, Lauren)
ELECTRONIC NOTICE of Hearing. Status Conference set for 4/8/2019 03:00 PM in Courtroom 11 before Judge Denise J. Casper. Associated Cases: 1:17-cv-11850-DJC, 1:17-cv-11435-DJC, 1:18-cv-11269-DJC, 1:19-cv-10164-DJC(Hourihan, Lisa)
71
Filed: 2/26/2019, Entered: 2/26/2019
Judge Denise J. Casper: ELECTRONIC ORDER entered. Having considered both sides, the briefing schedule is as follows. Plaintiffs' response to motion for summary judgment and defendants' response to plaintiffs' class certification motion to be filed by 4/17/19. Defendants' reply to motion for summary judgment and plaintiffs' reply in support of class certification to be filed by 5/29/19. Hearing on class certification and motion for summary judgment set for 6/20/19 remains in place. Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC, 1:18-cv-11269-DJC(Hourihan, Lisa)
70
Filed: 2/21/2019, Entered: 2/21/2019
Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 2/21/2019. Defendant to evaluate further regarding supplemental briefing and notify the Court by 3/1/19 if seeking supplemental briefing. Plaintiffs' document production to be completed by 4/1/19. Plaintiffs request that the briefing of the summary judgment motion filed run concurrent to the class cert briefing schedule. Defendant objects. Court takes schedule under advisement. Counsel to confer and notify the Court when request next status date. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Lauren Barnes and Mark Vazquez for the plaintiffs. Amand Agneshwar, Daniel Pariser, Jocelyn Wiesner and Lori Leskin for the defendant.) Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC, 1:18-cv-11269-DJC(Hourihan, Lisa)
69
Filed: 2/21/2019, Entered: 2/21/2019
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 59 Motion to Seal (Hourihan, Lisa)
68
Filed: 2/21/2019, Entered: 2/21/2019
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 54 Motion for Leave to File Excess Pages. (Hourihan, Lisa)
67
Filed: 2/21/2019, Entered: 2/21/2019
Judge Denise J. Casper: ELECTRONIC ORDER entered granting (108) Motion for Leave to File Excess Pages. Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC(Hourihan, Lisa)
63
Filed: 2/20/2019, Entered: 2/20/2019
AFFIDAVIT in Support re 60 MOTION to Certify Class (Plaintiffs' Motion for Class Certification and Appointment of Class Counsel) (Declaration of Mark T. Vazquez in Support of Plaintiffs' Motion for Class Certification and Appointment of Class Counsel) filed by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC. (Attachments: # 1 Notice of Filing With Clerk's Office, # 2 Exhibits 1-7 (filed under seal), # 3 Exhibit 8, # 4 Exhibit 9, # 5 Exhibit 10, # 6 Exhibits 11-29 (filed under seal), # 7 Exhibit 30, # 8 Exhibits 31-47 (filed under seal), # 9 Exhibit 48, # 10 Exhibit 49 (filed under seal), # 11 Exhibits 50-55 (filed under seal), # 12 Exhibit 56, # 13 Exhibit 57 (filed under seal), # 14 Exhibit 58, # 15 Exhibits 59-61 (filed under seal), # 16 Exhibit 62, # 17 Exhibits 63-67 (filed under seal), # 18 Exhibit 68, # 19 Exhibits 69-83 (filed under seal), # 20 Exhibit 84, # 21 Exhibits 85-90 (filed under seal), # 22 Exhibit 91, # 23 Exhibits 92-97 (filed under seal), # 24 Exhibit 98, # 25 Exhibit 99, # 26 Exhibit 100, # 27 Exhibit 101 (filed under seal), # 28 Exhibit 102, # 29 Exhibits 103-108 (filed under seal), # 30 Exhibit 109, # 31 Exhibit 110 (redacted), # 32 Exhibit 111, # 33 Exhibit 112)(Barnes, Lauren)
ADDENDUM re 60 MOTION to Certify Class (Plaintiffs' Motion for Class Certification and Appointment of Class Counsel) (Plaintiffs' Proffer of Common Evidence in Support of Motion for Class Certification and Appointment of Class Counsel [REDACTED VERSION]) filed by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC. (Barnes, Lauren)
MEMORANDUM in Support re 60 MOTION to Certify Class (Plaintiffs' Motion for Class Certification and Appointment of Class Counsel) (Plaintiffs' Memorandum of Law in Support of Motion for Class Certification and Appointment of Class Counsel [REDACTED VERSION]) filed by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC. (Barnes, Lauren)
MOTION to Certify Class (Plaintiffs' Motion for Class Certification and Appointment of Class Counsel) by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC.(Barnes, Lauren)
MOTION to Seal (Unopposed Motion for Leave to File Under Seal) by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC.(Barnes, Lauren)
MOTION for Leave to File Excess Pages (Unopposed Motion for Enlargement of Page Limit for Plaintiffs' Memorandum in Support of Motion for Class Certification) by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Infinity Spa Orlando, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC.(Barnes, Lauren)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting (106) Motion for Extension of Time in case 1:17-cv-11435-DJC; granting (51) Motion for Extension of Time in case 1:17-cv-11850-DJC. The Court adopts the briefing schedule outlined in D. 106 pages 2, 3. Associated Cases: 1:17-cv-11850-DJC, 1:17-cv-11435-DJC(Hourihan, Lisa)
MOTION for Extension of Time (Agreed Motion for Five-Day Extension of Class Certification Briefing Schedule) by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Infinity Spa Orlando, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC.(Barnes, Lauren)
ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 2/21/2019 10:00 AM in Courtroom 11 before Judge Denise J. Casper. NOTE TIME CHANGE ONLYAssociated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC, 1:18-cv-11269-DJC, 1:19-cv-10164-DJC(Hourihan, Lisa)
49
Filed: 1/28/2019, Entered: 1/29/2019
Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 1/28/2019. Counsel report on the status of the case. Discovery to proceed on schedule as proposed. Class certification briefing to go ahead as scheduled. Court reserves issue of filing of sur-reply. Further Status Conference set for 2/21/2019 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes and Mark Vazquez for the plaintiffs. Amand Agneshwar, Daniel Pariser, Jocelyn Wiesner and Michael Pineault for the defendant.) Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC, 1:18-cv-11269-DJC(Hourihan, Lisa)
ELECTRONIC NOTICE of Hearing. Status Conference set for 1/28/2019 03:00 PM in Courtroom 11 before Judge Denise J. Casper. Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC, 1:18-cv-11269-DJC(Hourihan, Lisa)
ELECTRONIC NOTICE Canceling Hearing. In light of the filing of D. 46, the Court cancels the status conference set for 12/3/18. Counsel to confer and notify the clerk of next status date in January, 2019. Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC, 1:18-cv-11269-DJC(Hourihan, Lisa)
ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 12/3/2018 04:15 PM in Courtroom 11 before Judge Denise J. Casper. NOTE TIME CHANGE ONLYAssociated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC, 1:18-cv-11269-DJC(Hourihan, Lisa)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 43 Motion for Leave to Appear Pro Hac Vice Added Hillary Dang. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew)
Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Hillary Dang Filing fee: $ 100, receipt number 0101-7414154 by Cynosure, Inc.. (Attachments: # 1 Affidavit of Hillary Dang)(Clements, Ben)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 41 Motion for Leave to Appear Pro Hac Vice Added George Langendorf. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew)
Assented to MOTION for Leave to Appear Pro Hac Vice for admission of George Langendorf Filing fee: $ 100, receipt number 0101-7384084 by Cynosure, Inc.. (Attachments: # 1 Affidavit of George Langendorf)(Pineault, Michael)
Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 9/20/2018. Court sets schedule in 18-11269. Initial disclosures have been exchanged. Amendments to the pleadings by 10/22/18. Fact discovery to be completed by 6/9/19. Status Conference set for 12/3/2018 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Mark Vazquez for the plaintiff. Anand Agneshwar, Daniel Pariser, Jocelyn Wiesner and Michael Pineault for the defendants.) Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC, 1:18-cv-11269-DJC(Hourihan, Lisa)
Judge Denise J. Casper: ELECTRONIC ORDER entered re: 24 Motion for Protective Order with Respect to Custodial Files of Kris Huston by Cynosure, Inc. Having considered Defendant Cynosure's motion for protective order, D. 24; D. 25, and Plaintiffs' opposition, D. 30-31, and counsel's arguments regarding same at the last conference, the Court DENIES the motion for protective order as to the production of Mr. Huston's files. Given his role as a top sales representative, Western District sales manager and only director of sales training, the Court does not conclude that the files sought would be "marginally" relevant given Plaintiffs' claims. Although the Court understands that Defendant has produced voluminous documents to date and that the parties have been worked cooperatively as to the parameters of all of the discovery produced in the case, the Court does not conclude that the additional documents sought from Mr. Huston's files would be unduly burdensome for Defendant to produce. (Hourihan, Lisa)
ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 9/20/2018 02:15 PM in Courtroom 11 before Judge Denise J. Casper. Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC, 1:18-cv-11269-DJC(Hourihan, Lisa)
Judge Denise J. Casper: ELECTRONIC ORDER entered in case 1:17-cv-11435-DJC; granting (34) Motion for Extension of Time( Status Conference set for 8/8/2018 03:00 PM in Courtroom 11 before Judge Denise J. Casper.) in case 1:17-cv-11850-DJC Associated Cases: 1:17-cv-11850-DJC, 1:17-cv-11435-DJC, 1:18-cv-11269-DJC(Hourihan, Lisa)
DECLARATION re 30 Opposition to Motion, of Mark T. Vasquez In Support of Plaintiffs Opposition to Defendant's Motion for Protective Order by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Infinity Spa Orlando, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC, Vita 4 Life, Inc.. (Attachments: # 1 Exhibit 1-10)(Barnes, Lauren)
MOTION for Leave to File Exhibits Under Seal by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Infinity Spa Orlando, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC, Vita 4 Life, Inc..(Barnes, Lauren)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 20 Motion to Amend Scheduling Order. Amended pleadings due by 9/28/18. Fact discovery to be completed by 2/8/19. Plaintiffs' Motion for Class Certification, together with expert report by 2/15/19. Defendant may depose plaintiffs' experts within 30 days after the filing of the motion. Defendant's response to motion for class certification, together with the expert reports by 4/12/19. Plaintiffs may depose defendant's expert within 30 days of the defendant's filing. Plaintiffs shall file a reply, together with any rebuttal expert reports by 5/24/19. Hearing on Motion for Class Certification set for 6/20/19 at 2:00PM. As discussed with counsel at the status conference, counsel should be prepared to discuss the setting of a trial date at the upcoming status conference on 6/18/18. (Hourihan, Lisa)
DECLARATION re 24 MOTION for Protective Order with Respect to Custodial Files of Kris Huston of Daniel S. Pariser by Cynosure, Inc.. (Attachments: # 1 April 4, 2018 Email from J. Wiesner to Plaintiffs Counsel, # 2 May 1, 2018 Email from D. Pariser to Plaintiffs Counsel)(Clements, Ben)
MOTION for Protective Order with Respect to Custodial Files of Kris Huston by Cynosure, Inc.. (Attachments: # 1 Tarca Dep. Ex. 6, # 2 Tarca Dep. at 72-73)(Clements, Ben)
Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 4/25/2018; discovery reported as progressing; Joint Motion to Amend Schedule - TAKEN UNDER ADVISEMENT; next Status Conference set for 6/18/2018 03:30 PM in Courtroom 11 before Judge Denise J. Casper. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Mark Vazquez) Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC(Lovett, Jarrett)
ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 3/9/2018 11:30 AM in Courtroom 11 before Judge Denise J. Casper. NOTE TIME CHANGE ONLY(Hourihan, Lisa)
Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 1/24/2018. Counsel report on the outstanding discovery issues. Counsel to try to work out by 2/7/18. If not worked out, motion to compel to be filed by 2/21/18. Further Status Conference set for 3/9/2018 02:00 PM in Courtroom 11 before Judge Denise J. Casper. Counsel to submit a Joint Status Report with Proposed Agenda five days before the conference. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes and Mark Vazquez for the plaintiffs. Anand Agneshwar, Daniel Pariser, Jocelyn Wiesner and Tamar Hagopian for the defendant.) Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC(Hourihan, Lisa)
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC(Scalfani, Deborah)
Transcript of Scheduling Conference held on October 10, 2017, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 1/24/2018. Redacted Transcript Deadline set for 2/5/2018. Release of Transcript Restriction set for 4/3/2018. Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC(Scalfani, Deborah)
Judge Denise J. Casper: ORDER entered. Stipulated Protocol for the Production of ESI Associated Cases: 1:17-cv-11850-DJC, 1:17-cv-11435-DJC(Hourihan, Lisa)
Joint MOTION for Protective Order ENTRY OF STIPULATED ESI PROTOCOL AND PROTECTIVE ORDER by Advanced Health Weight Loss, Arizona Advance Aesthetics, PLLC, Green Chrysalis Enterprise, LLC, Infinity Spa Orlando, LLC, Plastic Surgery Associates, S.C., Renew Skin & Laser Centers, LLC, Vita 4 Life, Inc.. (Attachments: # 1 Proposed Protocol for the Production of Electronically Stored Information, # 2 Text of Proposed Order)(Barnes, Lauren)
Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 10/10/2017. Initial disclosures due by 10/31/17. Answer to be filed in 17-11850-DJC by 10/31/17. Amended Pleadings due by 4/2/2018. Fact discovery to be completed by 9/7/2018. Plaintiffs Motions for Class Certification, together with expert report by 9/7/18. Defendant may depose plaintiffs' experts within 30 days after the filing of the motion. Defendant's response to motion for class cert, together with the expert reports by 11/7/18. Plaintiffs may depose the experts 30 days of defendant's filing. Plaintiffs shall file a reply, together with any rebuttal expert reports, by 12/14/18. Counsel to confer and report to the court for the scheduling of a status date.(Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes and Mark Vazquez for the plaintiff. Eric Samore for the defendant.) Associated Cases: 1:17-cv-11435-DJC, 1:17-cv-11850-DJC(Hourihan, Lisa)
Summons Issued as to Cynosure, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Burgos, Sandra)
ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (adminn, )
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