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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 No. 2:24-cv-00287 CKD Plaintiff, v. ORDER MATTHEW H. PETERS, et al., Defendants. 16 17 On May 6, 2024, Defendants Matthew Peters; JMSP, LLC; Paragon Partners, LLC; 18 Innovative Specialty Services, LLC; Cardea Consulting, LLC; Coastline Specialty Services, LLC; 19 Portland Professional Pharmacy, LLC; Sunrise Pharmacy, LLC; Professional 205 Pharmacy, 20 LLC; Lake Forest Pharmacy, LLC; Bayview Specialty Services, LLC; Praxis Marketing Services, 21 LLC; Prestige Professional Pharmacy, LLC; Optimum Core Pharmacy, Inc.; and Glendale 22 Pharmacy, LLC (“Defendants”) filed a motion to dismiss before the undersigned. (ECF No. 21.) 23 Defendants’ counsel James Bell is not, however, admitted to practice in this Court, nor has he 24 filed an application to practice pro hac vice. See E.D. Local Rule 180(b). Therefore, because Mr. 25 Bell is not admitted to practice in this Court, Defendants’ motion to dismiss will be stricken. 26 The Court’s records also show that all parties have yet to submit the Consent/Decline 27 Designation regarding the jurisdiction of the magistrate judge for all purposes, including the entry 28 of final judgment, pursuant to 28 U.S.C. § 636(c). (ECF No. 3.) Under Fed. R. Civ. P. 73(b)(1) a 1 1 party’s response is kept confidential, and the parties are under no obligation to consent. However, 2 return of the Consent/Decline Designation forms is necessary for the court to determine how this 3 case will be administratively processed. Accordingly, within fourteen (14) days of this order, any 4 party who has yet to submit the consent/decline form shall do so. 5 IT IS HEREBY ORDERED that: 6 1. Defendants’ Motion to Dismiss (ECF No. 21) is hereby STRICKEN; 7 2. Mr. James Bell is directed to file an application to practice pro hac vice and pay the 8 applicable fee within seven (7) days. Mr. Bell is cautioned that failure to comply with 9 the Court’s order will result in the imposition of sanctions. 10 3. Within fourteen (14) days of this order, any party who has yet to submit the 11 Consent/Decline Designation regarding the jurisdiction of the magistrate judge shall 12 do so. 13 Dated: May 7, 2024 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 4, pete0287.24 19 20 21 22 23 24 25 26 27 28 2

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