Pizana v. Sanmedica International LLC

Filing 246

JOINT STIPULATION and ORDER TO EXTEND PLAINTIFFS' PAGE LIMITS FOR MOTION PRACTICE RELATED TO THE THIRD AMENDED COMPLAINT. Order signed by Magistrate Judge Sheila K. Oberto on 10/18/2022. (Kusamura, W)

1 Annick M. Persinger (CA Bar No. 272996)
[e-mail]
2 Wesley M. Griffith (CA Bar No. 286390)
[e-mail]
3 TYCKO & ZAVAREEI LLP
1970 Broadway, Suite 1070
4 Oakland, California 94612
Telephone: [phone]
5 Facsimile: [phone]
6 Ryan J. Clarkson (CA Bar No. 257074))
[e-mail]
7 Katherine A. Bruce (CA Bar No. 288694))
[e-mail]
8 Kelsey J. Elling (CA Bar No. 337915))
[e-mail]
9 CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
10 Malibu, California 90265
Telephone: [phone]
11 Facsimile [phone]
12 Attorneys for Plaintiffs
[Additional Counsel on Signature Pages]
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RAUL PIZANA, MAUREEN HOBBS,
CHARLES BERGLUND, JEANETTE MILLS,
ERICA LAROCHE, ANNE MARIE LYNCH,
OSKAR LAFFONT, SAL MUNOZ, and KEITH
BARNES, individually and on behalf of all
others similarly situated,

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Plaintiffs,
v.
BASIC RESEARCH, LLC; BR COS LLC;
BASIC RESEARCH HOLDINGS, LLC; BASIC
RESEARCH INTERMEDIATE, LLC; SIERRA
RESEARCH GROUP, LLC; MAJESTIC
MEDIA, LLC; CRM SPECIALISTS, LLC;
BYDEX MANAGEMENT, LLC; SANMEDICA
INTERNATIONAL, LLC; LIMITLESS
WORLDWIDE, LLC; NOVEX BIOTECH,
L.L.C; BODEE GAY; GINA DAINES; HALEY
BLACKETT; KIMM HUMPHRIES; and
MITCHELL K. FRIEDLANDER,

Case No.: 1:18-cv-00644-ADA-SKO
Case Filed: May 9, 2018
FAC Filed: June 30, 2018
SAC Filed: November 13, 2019
TAC Filed: May 18, 2022
Assigned to United States District Court
Judge Ana de Alba and Magistrate Judge
Shelia K. Oberto
JOINT STIPULATION TO EXTEND
PLAINTIFFS’ PAGE LIMITS FOR
MOTION PRACTICE RELATED TO
THE THIRD AMENDED
COMPLAINT; ORDER
(Doc. 245)
[Proposed Order Filed Concurrently]

Defendants.
JOINT STIPULATION TO EXTEND PLAINTIFFS’ PAGE LIMITS FOR MOTION
PRACTICE RELATED TO THE THIRD AMENDED COMPLAINT; ORDER
CASE NO. 1:18-CV-00644-ADA-SKO

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JOINT STIPULATION TO EXTEND PLAINTIFFS’ PAGE LIMITS FOR MOTION

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PRACTICE RELATED TO THE THIRD AMENDED COMPLAINT

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Plaintiffs Raul Pizana, Maureen Hobbs, Charles Berglund, Jeanette Mills, Erica LaRoche,

4 Anne Marie Lynch, Oskar Laffont, Sal Munoz, and Keith Barnes (collectively, “Plaintiffs”) and
5 Basic Research, LLC, BR COS, LLC, Basic Research Holdings, LLC, Basic Research
6 Intermediate, LLC, Sierra Research Group, LLC, Majestic Media, LLC, CRM Specialists, LLC,
7 Bydex Management, LLC, NOVEX Biotech, LLC, (together with SanMedica International, LLC,
8 “SanMedica Defendants”), Bodee Gay, Gina Daines, Haley Blackett, Kimm Humphries
9 (collectively, the “Gay Defendants”), Limitless Worldwide, LLC (the “Limitless Defendant”), and
10 Mitchell K. Friedlander (“Defendant Friedlander,” and collectively with the SanMedica
11 Defendants, the Gay Defendants, and the Limitless Defendant, “Defendants”), through their
12 respective counsel of record, hereby stipulate and agree as follows:
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Plaintiffs filed the currently operative Third Amended Complaint (“TAC”) on May 18,

14 2022. ECF No. 175.
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The parties agreed to, and the Court ordered, a consolidated briefing schedule for motion

16 practice related to the TAC. ECF Nos. 205, 206. That order established the following deadlines:
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•

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transfer, and to serve any Rule 11 sanctions motions.
•

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August 29, 2022: Defendants’ deadline to file responsive pleadings and motions to

October 21, 2022: Plaintiffs’ deadline to oppose any motions to dismiss, strike,
transfer, and/or for sanctions.

•

November 18, 2022: Defendants’ deadline to file any replies in support of their
respective motions.

This case was previously assigned to Judge Drozd, whose standing order allows 25 pages

24 for all moving or opposition briefs.
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On August 17, 2022, Defendant Friedlander requested leave to file a memorandum in

26 support of his motion to dismiss totaling no more than 40 pages. ECF No. 214.
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JOINT STIPULATION TO EXTEND PLAINTIFFS’ PAGE LIMITS FOR MOTION
PRACTICE RELATED TO THE THIRD AMENDED COMPLAINT; ORDER
CASE NO. 1:18-CV-00644-ADA-SKO
1

On August 18, 2022, Judge Drozd issued an order “granting Defendant Friedlander leave

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2 to file brief of up to 35 pages, allowing 35 pages for Plaintiffs’ opposition, and granting Friedlander
3 20 pages in reply. ECF No. 215.
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On August 24, 2022, this matter was reassigned to Judge de Alba. ECF No. 216.

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On August 29, 2022, the Gay Defendants filed a motion requesting leave to file a

6 memorandum in support of their motion to dismiss in excess of this Court’s page limits, and on
7 August 30, 2022, the Court granted the Gay Defendants leave to file a memorandum totaling no
8 more than 25 pages. ECF Nos. 219, 229.
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Between August 29 and September 2, 2022, Defendants filed the following substantive

10 motions, totaling 126 pages, to which Plaintiffs would be entitled to file 155 total pages in
11 opposition:
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Party

Motion

Friedlander

Motion to Dismiss TAC
for Lack of Personal
Jurisdiction and for
Failure to State a Claim
Motion to Strike TAC re:
Irrelevant Matter
Motion to Dismiss TAC
for Lack of Personal
Jurisdiction and to
Transfer Venue
Motion to Dismiss TAC
for Failure to State a
Claim1
Motion to Dismiss TAC
for Lack of Personal
Jurisdiction and Failure to
State a Claim, and
Motion to Transfer Venue

ECF No.

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Friedlander

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Entity
Defendants

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Entity
Defendants

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Gay Defendants

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25

1

217

Pages Filed by Current
Defendant
Opposition
Page Limit
34
35

218

5

20

220

22

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224-1

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231

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At ECF No. 221, the Entity Defendants uploaded a duplicate copy of the Motion to Dismiss
26 previously filed at ECF No. 220. Shortly thereafter, they filed a Notice of Errata indicating that
they had intended to file their Motion to Dismiss for failure to state a claim at ECF No. 221, but
27 had mistakenly uploaded the wrong file. ECF No. 224. They filed the intended motion as Exhibit
1 to ECF No. 224. The Court accepted the corrected filing on August 30, 2022. ECF No. 227.
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JOINT STIPULATION TO EXTEND PLAINTIFFS’ PAGE LIMITS FOR MOTION
PRACTICE RELATED TO THE THIRD AMENDED COMPLAINT; ORDER
CASE NO. 1:18-CV-00644-ADA-SKO
2

1

Party

Motion

Limitless

Request for Joinder in
Portions of Certain
Defendants Motions:
Friedlander [217] and
Entity Defendants [220,
224] Motions to Dismiss
TAC For Lack of
Personal Jurisdiction and
Failure to State a Claim;
and to Transfer Venue
Motion for Judgment on
the Pleadings on
Jurisdictional and AlterEgo Grounds

ECF No.

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Limitless
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Total Pages

234

237

Pages Filed by Current
Defendant
Opposition
Page Limit
3
20

12

20

126

155

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To conserve the resources of the Court and the parties, the parties have agreed that Plaintiffs
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may instead file two omnibus oppositions:
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An omnibus opposition not to exceed sixty pages to all Defendants’ motions to

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dismiss under Rule 12(b)(6) and 12(b)(1) (ECF Nos. 217, 224-1, and 231);
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Friedlander’s Motion to Strike (ECF No. 218), Limitless’s Joinder (ECF No. 234),

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and Limitless’s Motion for Judgment on the Pleadings (ECF No. 237).
•

An omnibus opposition to all Defendants’ motions to dismiss under Rule 12(b)(2)
and/or to transfer venue (ECF Nos. 217, 220, 231) and Limitless’s Joinder (ECF

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No. 234) of no more than 60 pages.
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Plaintiffs’ two omnibus oppositions will total six pages less than Defendants’ currently

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pending motions and 35 pages less than they otherwise would have been entitled to if they instead
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individually opposed each motion.
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JOINT STIPULATION TO EXTEND PLAINTIFFS’ PAGE LIMITS FOR MOTION
PRACTICE RELATED TO THE THIRD AMENDED COMPLAINT; ORDER
CASE NO. 1:18-CV-00644-ADA-SKO
3

1 WHEREFORE, THE PARTIES JOINTLY STIPULATE AND REQUEST THE COURT
2 ORDER THAT:
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Plaintiffs may file a consolidated opposition to Defendants’ Motions to Dismiss under

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Rule 12(b)(6) for failure to state a claim, Rule 12(b)(1) for subject matter jurisdiction,

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Friedlander’s Motion to Strike, Limitless’s Joinder, and Limitless’s Motion for

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Judgment on the Pleadings of no more than 60 pages.

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•

Plaintiffs may file a consolidated opposition to Defendants’ Motions to Dismiss under

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Rule 12(b)(2) for lack of jurisdiction and/or to transfer venue to the District of Utah of

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no more than 60 pages.

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11 Dated: October 17, 2022
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/s/ Wesley Griffith
Wesley M. Griffith (CA Bar No. 286390)
[e-mail]
Annick M. Persinger (CA Bar No. 272996)
[e-mail]
TYCKO & ZAVAREEI LLP
1970 Broadway, Suite 1070
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Ryan J. Clarkson (CA Bar No. 257074))
[e-mail]
Katherine A. Bruce (CA Bar No. 288694))
[e-mail]
Kelsey J. Elling (CA Bar No. 337915))
[e-mail]
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, California 90265
Telephone: [phone]
Facsimile [phone]
Attorneys for Plaintiffs

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JOINT STIPULATION TO EXTEND PLAINTIFFS’ PAGE LIMITS FOR MOTION
PRACTICE RELATED TO THE THIRD AMENDED COMPLAINT; ORDER
CASE NO. 1:18-CV-00644-ADA-SKO
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1 Dated: October 17, 2022
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/s/ Ronald Price (as authorized on October 17, 2022)
Ronald F. Price*
[e-mail]
Steven W. Garff (CA Bar No. 268074)
[e-mail]
Jason M. Kerr*
[e-mail]
David R. Parkinson*
[e-mail]
PRICE PARKINGSON & KERR, PLLC
5742 West Harold Gatty Drive
Salt Lake City, Utah 84116
Telephone: [phone]
Stephen Y. Ma (CA Bar No. 214998)
[e-mail]
Lisa L. Boswell (CA Bar No. 190304)
[e-mail]
EARLY SULLIVAN WRIGHT GIZER & McRAE
LLP
6420 Wilshire Boulevard, 17th Floor
Los Angeles, California 90048
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants SanMedica International,
LLC, Basic Research, LLC, BR COS, LLC, Basic
Research Holdings, LLC, Basic Research
Intermediate, LLC, Sierra Research Group, LLC,
Majestic Media, LLC, CRM Specialists, LLC, Bydex
Management, LLC, NOVEX Biotech, LLC

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Dated: October 17, 2022

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/s/ Chad Nydegger (as authorized on October 17, 2022)
Chad E. Nydegger*
[e-mail]
WORKMAN NYDEGGER
60 East South Temple, Suite 1000
Salt Lake City, Utah 84111
Telephone: [phone]
Facsimile: [phone]

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Attorney for Defendant Limitless Worldwide, LLC

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JOINT STIPULATION TO EXTEND PLAINTIFFS’ PAGE LIMITS FOR MOTION
PRACTICE RELATED TO THE THIRD AMENDED COMPLAINT; ORDER
CASE NO. 1:18-CV-00644-ADA-SKO
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1 Dated: October 17, 2022
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/s/ Beau Burbidge (as authorized on October 17, 2022)
Beau R. Burbidge (CA Bar No. 267267)
[e-mail]
Clancey S. Henderson*
[e-mail]
BURBIDGE MITCHELL
215 South State Street, Suite 920
Salt Lake City, Utah 84111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant Mitchell K. Friedlander
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8 Dated: October 17, 2022
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/s/ Evan Strassberg (as authorized on October 17, 2022)
Evan S. Strassberg (CA Bar No. 219336)
[e-mail]
MICHAEL BEST & FRIEDRICH LLP
2750 East Cottonwood Parkway, Suite 560
Cottonwood Heights, Utah 84121
Telephone: [phone]
Facsimile: [phone]

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Attorney for Defendants Bodee Gay, Gina Daines,
Haley Blackett, and Kimm Humphries

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*admitted pro hac vice
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JOINT STIPULATION TO EXTEND PLAINTIFFS’ PAGE LIMITS FOR MOTION
PRACTICE RELATED TO THE THIRD AMENDED COMPLAINT; ORDER
CASE NO. 1:18-CV-00644-ADA-SKO
6

1

ORDER

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Based on the foregoing stipulation of the parties (Doc. 245) and good cause

3 appearing, IT IS HEREBY ORDERED:
•

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Plaintiffs may file a consolidated opposition to Defendants’ Motions to Dismiss under

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Rule 12(b)(6) for failure to state a claim, Rule 12(b)(1) for subject matter jurisdiction,

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Friedlander’s Motion to Strike, Limitless’s Joinder, and Limitless’s Motion for

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Judgment on the Pleadings of no more than 60 pages.
•

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Plaintiffs may file a consolidated opposition to Defendants’ Motions to Dismiss under
Rule 12(b)(2) for lack of jurisdiction and/or to transfer venue to the District of Utah of

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no more than 60 pages.

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IT IS SO ORDERED.
12
13 Dated:

October 18, 2022

/s/ Sheila K. Oberto

.

UNITED STATES MAGISTRATE JUDGE
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JOINT STIPULATION TO EXTEND PLAINTIFFS’ PAGE LIMITS FOR MOTION
PRACTICE RELATED TO THE THIRD AMENDED COMPLAINT; ORDER
CASE NO. 1:18-CV-00644-ADA-SKO
7