USA v. Peters et al

Filing 23

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/7/2024 STRIKING 21 Motion to Dismiss and DIRECTING counsel James Bell to file a Pro Hac Vice Application, along with the $300 filing fee. Within 14 days of this order, all parties must submit the Consent/Decline Designation form. (Woodson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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No. 2:24-cv-00287 CKD

Plaintiff,
v.

ORDER

MATTHEW H. PETERS, et al.,
Defendants.

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On May 6, 2024, Defendants Matthew Peters; JMSP, LLC; Paragon Partners, LLC;

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Innovative Specialty Services, LLC; Cardea Consulting, LLC; Coastline Specialty Services, LLC;

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Portland Professional Pharmacy, LLC; Sunrise Pharmacy, LLC; Professional 205 Pharmacy,

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LLC; Lake Forest Pharmacy, LLC; Bayview Specialty Services, LLC; Praxis Marketing Services,

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LLC; Prestige Professional Pharmacy, LLC; Optimum Core Pharmacy, Inc.; and Glendale

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Pharmacy, LLC (“Defendants”) filed a motion to dismiss before the undersigned. (ECF No. 21.)

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Defendants’ counsel James Bell is not, however, admitted to practice in this Court, nor has he

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filed an application to practice pro hac vice. See E.D. Local Rule 180(b). Therefore, because Mr.

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Bell is not admitted to practice in this Court, Defendants’ motion to dismiss will be stricken.

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The Court’s records also show that all parties have yet to submit the Consent/Decline

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Designation regarding the jurisdiction of the magistrate judge for all purposes, including the entry

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of final judgment, pursuant to 28 U.S.C. § 636(c). (ECF No. 3.) Under Fed. R. Civ. P. 73(b)(1) a
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party’s response is kept confidential, and the parties are under no obligation to consent. However,

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return of the Consent/Decline Designation forms is necessary for the court to determine how this

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case will be administratively processed. Accordingly, within fourteen (14) days of this order, any

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party who has yet to submit the consent/decline form shall do so.

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IT IS HEREBY ORDERED that:

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1. Defendants’ Motion to Dismiss (ECF No. 21) is hereby STRICKEN;

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2. Mr. James Bell is directed to file an application to practice pro hac vice and pay the

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applicable fee within seven (7) days. Mr. Bell is cautioned that failure to comply with

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the Court’s order will result in the imposition of sanctions.

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3. Within fourteen (14) days of this order, any party who has yet to submit the

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Consent/Decline Designation regarding the jurisdiction of the magistrate judge shall

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do so.

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Dated: May 7, 2024
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4, pete0287.24

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