USA v. Peters et al

Filing 26

ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/9/24 GRANTING 24 Motion for Reconsideration and VACATING 23 Order; within 14 days, any party who has yet to submit the Consent/Decline Designation regarding the jurisdiction of the magistrate judge shall do so. (Benson, 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.,
Defendant.

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Pending before the Court is Defendants’ Matthew Peters; JMSP, LLC; Paragon Partners,

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

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

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

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Marketing Services, LLC; Prestige Professional Pharmacy, LLC; Optimum Care Pharmacy, Inc.;

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and Glendale Pharmacy, LLC (“Defendants”) motion for reconsideration of the Court’s May 8,

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2024 order striking Defendants’ motion to dismiss. (ECF No. 24.)

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On May 2, 2024, Defendants’ counsel James Bell filed an ex parte pro hac vice

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application before this Court. (ECF No. 15.) Mr. Bell’s pro hac vice application was rejected by

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the Clerk’s Office for failure to pay the application fee. (Id.) On May 2, 2024, a notice by the

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Clerk’s Office was sent to Mr. Bell notifying him of the reasons his pro hac vice application was

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rejected with instructions on how to resubmit the application to practice in this Court. Mr. Bell
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did not resubmit his application, however, and has now advised the court that he is, in fact,

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already admitted to practice in this District. 1 Therefore, having reviewed Defendants’ pleading,

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along with the attached exhibit confirming Mr. Bell’s admission to practice in this Court, (ECF

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No. 24 at Exh. A), the Court finds good cause to vacate its May 7, 2024, order.

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Accordingly, it is HEREBY ORDERED THAT:

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1. Defendants’ Motion for Reconsideration (ECF No. 24) is GRANTED;

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2. The order issued on May 7, 2024 (ECF No. 23) is VACATED; and

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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.
Dated: May 9, 2024
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4, pete0287.24

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The court notes that all of this confusion could have been avoided had Mr. Bell simply entered
his appearance rather than filing an unnecessary pro hac vice application.
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