Apex Compounding Pharmacy LLC v. efax Corporate et al

Transcription

1 Current on Bloomberg Law as of Nov. 02, :51:00 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:16-cv JAK-JPR Apex Compounding Pharmacy LLC v. efax Corporate et al Date Filed: July 13, 2016 Nature of suit: 370 Other Fraud Demand: $500,000 Assigned to: Judge John A. Kronstadt Case in other court: Indiana Northern, 2:15-cv Cause: 28:1332 Diversity-Fraud Jurisdiction: Diversity Jury demand: None Referred to: Magistrate Judge Jean P. Rosenbluth Parties and Attorneys Plaintiff Representation Apex Compounding Pharmacy LLC Matthew William Dietz Hinshaw and Culbertson LLP 633 West 5th Street 47th Floor Los Angeles, CA (213) Fax: (213) mdietz@hinshawlaw.com John R Terpstra, III Hinshaw and Culbertson LLP 322 Indianapolis Boulevard Suite 201 Schererville, IN (219) Fax: (219) jterpstra@hinshawlaw.com PRO HAC VICE Defendant Representation efax Corporate Daniel Alexander Kadin Ruttenberg IP Law 1801 Century Park East Suite 1920 Los Angeles, CA (310) daniel@ruttenbergiplaw.com Jonathan Berres Cole Nemecek and Cole PC Ventura Boulevard Suite 920 Sherman Oaks, CA (818) Fax: (818) jcole@nemecek-cole.com Guy Ruttenberg Ruttenberg IP Law APC 1801 Century Park East Suite 1920 Los Angeles, CA (310) Fax: (310) guy@ruttenbergiplaw.com Michael T Terwilliger Whitten Law Office 450 Vale Pk Rd Ste D Valparaiso, IN (219) Fax: (219) mterwilliger@indycounsel.com // PAGE 1

2 PRO HAC VICE Vikram Sohal Nemecek and Cole Ventura Boulevard Suite 920 Sherman Oaks, CA (818) Fax: (818) Defendant Representation j2 Cloud Services, Inc. Guy Ruttenberg Michael T Terwilliger PRO HAC VICE Jonathan Berres Cole Vikram Sohal Defendant Representation J2 Global Inc Guy Ruttenberg Michael T Terwilliger PRO HAC VICE Jonathan Berres Cole Vikram Sohal Mediator (ADR Panel) James C Earle Docket Entries Numbers shown are court assigned numbers. Entry # Filing Date Description 1 July 2, 2015 COMPLAINT For Damages against All Defendants ( Filing fee $ 400 receipt number // PAGE 2

3 ), filed by APEX COMPOUNDING PHARMACY, LLC. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Proposed Summons efax, # 3 Proposed Summons J2 Cloud in Sacramento, # 4 Proposed Summons J2 Cloud in Wilmington, # 5 Proposed Summons J2 Global)(Terpstra, John) [Transferred from Indiana Northern on 7/13/2016.] (Entered: 07/02/2015) July 6, 2015 July 6, 2015 Aug 24, 2015 Aug 27, 2015 Aug 28, 2015 Aug 28, 2015 Sept 2, 2015 Sept 21, 2015 Sept 28, 2015 Sept 28, 2015 July 12, 2016 July 13, 2016 Judge Rudy Lozano and Magistrate Judge John E Martin added. NEW CASE (tc) [Transferred from Indiana Northern on 7/13/2016.] (Entered: 07/06/2015) Summons Issued as to J2 CLOUD SERVICES, INC. at two addresses, J2 GLOBAL, INC., efax CORPORATE. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via . (tc) [Transferred from Indiana Northern on 7/13/2016.] (Entered: 07/06/2015) Application for Attorney VIKRAM SOHAL to Appear Pro Hac Vice on behalf of Defendants efax CORPORATE; J2 CLOUD SERVICES, INC.; and J2 GLOBAL, INC.. Pro Hac Vice fee of $ 93 has been received, receipt number (Pro Hac Vice Temporary login, ) [Transferred from Indiana Northern on 7/13/2016.] (Entered: 08/24/2015) ORDER granting 3 Application to Appear Pro Hac Vice of Attorney Vikram Sohal PHV for J2 Cloud Services Inc, and J2 Global Inc, and efax Corporate. Signed by Magistrate Judge John E Martin on 08/27/2015. (mtr) [Transferred from Indiana Northern on 7/13/2016.] (Entered: 08/27/2015) NOTICE of Appearance by Michael T Terwilliger on behalf of All Defendants (Terwilliger, Michael) [Transferred from Indiana Northern on 7/13/2016.] (Entered: 08/28/2015) AGREED NOTICE to extend time to file answer filed by J2 Cloud Services Inc, J2 Global Inc, efax Corporate ; answer due by September 2, (Terwilliger, Michael) [Transferred from Indiana Northern on 7/13/2016.] (Entered: 08/28/2015) MOTION to Transfer Case Pursuant to 28 U.S.C. Section 1404(a) or, in the alternative, Dismiss Without Prejudice by Defendants J2 Cloud Services Inc, J2 Global Inc, efax Corporate. (Attachments: # 1 Memorandum of Law, # 2 Affidavit Declaration of David Guerrero)(Sohal PHV, Vikram) [Transferred from Indiana Northern on 7/13/2016.] (Entered: 09/02/2015) RESPONSE to Motion re 7 MOTION to Transfer Case Pursuant to 28 U.S.C. Section 1404(a) or, in the alternative, Dismiss Without Prejudice filed by Apex Compounding Pharmacy LLC. (Terpstra, John) [Transferred from Indiana Northern on 7/13/2016.] (Entered: 09/21/2015) REPLY to Response to Motion re 7 MOTION to Transfer Case Pursuant to 28 U.S.C. Section 1404(a) or, in the alternative, Dismiss Without Prejudice filed by J2 Cloud Services Inc, J2 Global Inc, efax Corporate. (Sohal PHV, Vikram) [Transferred from Indiana Northern on 7/13/2016.] (Entered: 09/28/2015) NOTICE by J2 Cloud Services Inc, J2 Global Inc, efax Corporate re 7 MOTION to Transfer Case Pursuant to 28 U.S.C. Section 1404(a) or, in the alternative, Dismiss Without Prejudice NOTICE OF ERRATA RE: THE REPLY BRIEF (Attachments: # 1 Exhibit Reply Brief)(Sohal PHV, Vikram) [Transferred from Indiana Northern on 7/13/2016.] (Entered: 09/28/2015) ORDER transferring case to the Central District of California granting 7 MOTION to Transfer Case Pursuant to 28 U.S.C. Section 1404(a) or, in the alternative, Dismiss Without Prejudice filed by J2 Cloud Services Inc, J2 Global Inc, efax Corporate. Signed by Magistrate Judge John E Martin on 7/12/16. (kjp) [Transferred from Indiana Northern on 7/13/2016.] (Entered: 07/13/2016) ORIGINAL file, certified copy of transfer order and docket sheet received from Indiana Northern (Entered: 07/13/2016) 14 July 13, 2016 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Jean P. Rosenbluth. (car) (Entered: 07/14/2016) July 13, 2016 July 14, 2016 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 07/14/2016) NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 2:15-cv RL-JEM, from U.S. District Court Northern District of Indiana [LIVE] USDC Northern Indiana (Hammond). The above-referenced case has been transferred to this district and assigned the // PAGE 3

4 above civil case number 2:16-cv JAK-JPRx. (car) (Entered: 07/14/2016) July 14, 2016 July 14, 2016 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney John R Terpstra, III. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) (Entered: 07/14/2016) NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael T Terwilliger. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (car) (Entered: 07/14/2016) 18 July 14, 2016 (IN CHAMBERS) ORDER REGARDING TRANSFER OF CASE TO JUDGE JOHN A. KRONSTADT by Judge John A. Kronstadt: This action has been reassigned to the Honorable John A. Kronstadt, United States District Judge. The case number will now read: LA CV JAK (JPRx). Because all pleadings are routed using the judge's initials, please be sure to use the initials JAK on all future filings. Judge Kronstadt's Courtroom Deputy Clerk, Andrea Keifer, can be reached at THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 07/14/2016) July 15, 2016 Aug 16, 2016 Aug 17, 2016 Aug 21, 2016 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT by Judge John A. Kronstadt. (ah) (Entered: 07/15/2016) NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to FRCP 12(b)(6) filed by defendants J2 Global Inc, efax Corporate, j2 Cloud Services, Inc.. Motion set for hearing on 11/7/2016 at 08:30 AM before Judge John A. Kronstadt. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Vikram Sohal, # 3 Proposed Order) (Sohal, Vikram) (Entered: 08/16/2016) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to FRCP 12(b)(6) 20. The following error(s) was found: Local Rule No Notice of Interested Parties and/or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bp) (Entered: 08/18/2016) (IN CHAMBERS) ORDER CONTINUING DEFENDANTS' MOTION TO DISMISS (DKT. 20 ) by Judge John A. Kronstadt: The Court, on its own motion, continues the Motion from November 7, 2016 to January 9, 2017 at 8:30 a.m. Counsel shall refer to the Court's Standing Order with respect to the briefing schedule for motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 08/21/2016) 23 Sept 27, 2016 ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Scheduling Conference set for November 7, 2016 at 01:30 PM before Judge John A. Kronstadt. Joint Rule 16(b)/26(f) Report due October 28, (ah) (Entered: 09/27/2016) Sept 28, 2016 Sept 29, 2016 Oct 28, 2016 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice of Deficiency in Electronically Filed Documents (G-112A),, 21 by Judge John A. Kronstadt. Defendants are directed to file their Notice of Interested Parties by 10:00 am, September 29, Failure to comply will result in the Court striking the Motion to Dismiss (Docket No. 20). (ah) (Entered: 09/28/2016) NOTICE of Interested Parties filed by Defendants J2 Global Inc, efax Corporate, j2 Cloud Services, Inc., (Sohal, Vikram) (Entered: 09/29/2016) Notice of Appearance or Withdrawal of Counsel: for attorney Matthew William Dietz counsel for Plaintiff Apex Compounding Pharmacy LLC. Adding Matthew W. Dietz as counsel of record for Plaintiff: Apex Compounding Pharmacy LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Apex Compounding Pharmacy LLC. (Attorney Matthew William Dietz added to party Apex Compounding Pharmacy LLC(pty:pla))(Dietz, Matthew) (Entered: 10/28/2016) // PAGE 4

5 Oct 28, 2016 Nov 1, 2016 Nov 2, 2016 Nov 7, 2016 Nov 7, 2016 Dec 8, 2016 Dec 9, 2016 Dec 28, 2016 Dec 29, 2016 Jan 4, 2017 Jan 9, 2017 Rule 26(f) Joint REPORT filed by Defendant j2 Cloud Services, Inc.. (Sohal, Vikram) (Entered: 10/28/2016) (IN CHAMBERS) ORDER DIRECTING COUNSEL TO FILE AMENDED JOINT RULE 16(b) REPORT by Judge John A. Kronstadt: The Court has received the parties' joint Rule 16(b)/26(f) report however, pursuant to this Court's Scheduling Conference ("Order"), the Schedule of Pretrial and Trial Dates ("Schedule") was to have been completed and attached to the joint report. Counsel shall file an amended joint report no later than November 2, 2016, to include the completed Schedule.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc4, ) TEXT ONLY ENTRY (Entered: 11/01/2016) AMENDED JOINT REPORT of Rule 26(f) filed by Defendant j2 Cloud Services, Inc.. (Attachments: # 1 Exhibit Exhibit A)(Sohal, Vikram) (Entered: 11/02/2016) ORDER/REFERRAL to ADR Procedure No 2 by Judge John A. Kronstadt. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than March 31, Status Conference set for April 17, 2017 at 1:30 pm before Judge John A. Kronstadt. (ake) (Entered: 11/07/2016) MINUTES OF SCHEDULING CONFERENCE held before Judge John A. Kronstadt. Final Pretrial Conference, Status Conference re Disputed Exhibits, and Hearing on Motions in Limine set for December 4, :00 PM before Judge John A. Kronstadt. Court Trial set for December 19, :00 AM before Judge John A. Kronstadt. The Court grants the parties' request to participate in a settlement conference with a member of the ADR Panel. Court Reporter: Alex Joko. (ah) (Entered: 11/07/2016) NOTICE OF NON-RECEIPT OF OPPOSITION TO DEFENDANTS' MOTION TO DISMISS COMPLAINT PURSUANT TO FRCP 12(b)(6) filed by defendant j2 Cloud Services, Inc.. (Sohal, Vikram) (Entered: 12/08/2016) (IN CHAMBERS) ORDER NOTIFYING PARTIES OF CHANGE OF ADDRESS FOR COURT by Judge John A. Kronstadt: Effective December 19, 2016, Judge Kronstadt will relocate to the 1st Street Courthouse. His new address is 350 W. 1st Street, Courtroom 10B, Los Angeles, California All mandatory chambers copies shall be hand delivered to the mailbox for this Court outside the Clerk's Office, which is located on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 12/09/2016) NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint filed by Plaintiff Apex Compounding Pharmacy LLC. Motion set for hearing on 1/30/2017 at 08:30 AM before Judge John A. Kronstadt. (Attachments: # 1 Declaration of Matthew W. Dietz In Support of Plaintiff's Motion for Leave to File First Amended Complaint for Damages, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Dietz, Matthew) (Entered: 12/28/2016) (IN CHAMBERS) ORDER ADVANCING PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT FOR DAMAGES (DKT. 34 ) by Judge John A. Kronstadt: The Court, on its own motion, advances the Motion from January 30, 2017 to January 9, 2017 at 8:30 a.m. Any opposition shall be filed by January 4, A reply is not necessary. However, counsel will be provided the opportunity for oral argument at the January 9, 2017 hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 12/29/2016) MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint 34 filed by Defendant j2 Cloud Services, Inc.. (Attachments: # 1 Declaration of Vikram Sohal, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Sohal, Vikram) (Entered: 01/04/2017) MINUTES OF DEFENDANTS' MOTION TO DISMISS (DKT. 20); PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT FOR DAMAGES (DKT. 34 ) held before Judge John A. Kronstadt: The Court adheres to its tentative views and GRANTS Defendants' Motion and Plaintiff's Motion. Last day to file Second Amended Complaint January 18, Post Mediation Status Conference set for July 10, :30 PM before Judge John A. Kronstadt. Court Reporter: Alex Joko. (ah) (Entered: 01/10/2017) // PAGE 5

6 Jan 18, 2017 Jan 18, 2017 Jan 27, 2017 Feb 8, 2017 Feb 10, 2017 Feb 14, 2017 Feb 22, 2017 Mar 1, 2017 Mar 7, 2017 Apr 17, 2017 Apr 20, 2017 May 4, 2017 May 18, 2017 Second AMENDED COMPLAINT against Defendants Apex Compounding Pharmacy LLC amending Complaint - (Discovery), 1, filed by Plaintiff Apex Compounding Pharmacy LLC(Dietz, Matthew) (Entered: 01/18/2017) NOTICE OF ERRATA filed by Plaintiff Apex Compounding Pharmacy LLC. correcting Amended Complaint/Petition 38 (Attachments: # 1 Exhibit A to Second Amended Complaint)(Dietz, Matthew) (Entered: 01/18/2017) NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) James C Earle has been assigned to serve as Panel Mediator. (mb) (Entered: 01/27/2017) NOTICE OF MOTION AND MOTION to Dismiss First and Second Causes of Action Asserted in the Second Amended Complaint filed by Defendants j2 Cloud Services, Inc.. Motion set for hearing on 4/17/2017 at 08:30 AM before Judge John A. Kronstadt. (Attachments: # 1 Memorandum of Points and Authorities) (Sohal, Vikram) (Entered: 02/08/2017) APPLICATION to Withdraw, APPLICATION of Non-Resident Attorney John R. Terpstra to Appear Pro Hac Vice on behalf of Plaintiff Apex Compounding Pharmacy LLC (Pro Hac Vice Fee - Fee Paid, Receipt No ) filed by Plaintiff Apex Compounding Pharmacy LLC. (Attachments: # 1 Proposed Order) (Dietz, Matthew) (Entered: 02/10/2017) ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge John A. Kronstadt: Granting 42 Non-Resident Attorney John R. Terpstra APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Apex Compounding Pharmacy LLC, designating Matthew W. Dietz as local counsel. (ah) (Entered: 02/14/2017) Opposition to Defendants' Motion to Dismiss Opposition re: NOTICE OF MOTION AND MOTION to Dismiss First and Second Causes of Action Asserted in the Second Amended Complaint 41 filed by Plaintiff Apex Compounding Pharmacy LLC. (Dietz, Matthew) (Entered: 02/22/2017) REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss First and Second Causes of Action Asserted in the Second Amended Complaint 41 filed by Defendant j2 Cloud Services, Inc.. (Sohal, Vikram) (Entered: 03/01/2017) Effective March 13, 2017, Judge Jean P. Rosenbluth will be located at the Edward R. Roybal Federal Building, COURTROOM 680 on the 6th floor, located at 255 East Temple Street, Los Angeles, California All Court appearances shall be made in Courtroom 680 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 1st floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 03/07/2017) MINUTES OF DEFENDANTS' MOTION TO DISMISS THE FIRST AND SECOND CAUSES OF ACTION ASSERTED IN THE SECOND AMENDED COMPLAINT 41 held before Judge John A. Kronstadt: The motion hearing is held. Counsel address the issues raised by the Court with respect to Defendants' Motion to Dismiss the First and Second Cause of Action Asserted in the Second Amended Complaint (the "Motion"). The Court takes the Motion UNDER SUBMISSION and a ruling will be issued. IT IS SO ORDERED. Court Reporter: Anne Kielwasser. (cr) (Entered: 04/17/2017) (IN CHAMBERS) ORDER RE DEFENDANTS' MOTION TO DISMISS THE FIRST AND SECOND CAUSES OF ACTION ASSERTED IN THE SECOND AMENDED COMPLAINT (DKT. 41 ) by Judge John A. Kronstadt: The Motion is GRANTED and the first two causes of action in the SAC are DISMISSED WITHOUT PREJUDICE. Plaintiff shall file any amended complaint no later than May 4, (ah) (Entered: 04/20/2017) Third AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition 38, filed by Plaintiff Apex Compounding Pharmacy LLC (Attachments: # 1 Exhibit A)(Terpstra, John) (Entered: 05/04/2017) NOTICE OF MOTION AND MOTION to Dismiss First and Second Causes of Action of the Third Amended Complaint filed by defendants j2 Cloud Services, Inc.. Motion set for hearing on 7/10/2017 at 08:30 AM before Judge John A. Kronstadt. (Attachments: # 1 Memorandum of Points and Authorities) (Sohal, Vikram) (Entered: 05/18/2017) // PAGE 6

7 May 22, 2017 June 1, 2017 June 8, 2017 June 22, 2017 June 28, 2017 June 28, 2017 July 3, 2017 July 10, 2017 July 14, 2017 July 18, 2017 July 21, 2017 (IN CHAMBERS) ORDER ADVANCING TIME OF POST MEDIATION STATUS CONFERENCE (DKT. 37 ) by Judge John A. Kronstadt: The Court, on its own motion, advances the time of the July 10, 2017 Post Mediation Status Conference, from 1:30 pm to 8:30 am so that it can be heard with the Motion to Dismiss. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 05/22/2017) OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss First and Second Causes of Action of the Third Amended Complaint 50 filed by Plaintiff Apex Compounding Pharmacy LLC. (Dietz, Matthew) (Entered: 06/01/2017) REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss First and Second Causes of Action of the Third Amended Complaint 50 filed by Defendant j2 Cloud Services, Inc.. (Sohal, Vikram) (Entered: 06/08/2017) Joint STIPULATION to Continue Dates and Deadlines Set Forth in the Court's Scheduling Order Re: Scheduling Conference, 31 filed by defendant j2 Cloud Services, Inc.. (Attachments: # 1 Proposed Order)(Sohal, Vikram) (Entered: 06/22/2017) ORDER GRANTING STIPULATION TO MODIFY SCHEDULING ORDER DEADLINES (DKT. 54 ) by Judge John A. Kronstadt: Court vacates the final pretrial conference and trial date and modifies the schedule as follows: Last day to file motions (including discovery motions) October 2, Status Conference re trial February 12, 2018 at 1:30 p.m. The parties shall submit proposed dates for the final pretrial conference and trial no later than February 2, (ah) (Entered: 06/28/2017) AMENDED ORDER GRANTING STIPULATION TO MODIFY SCHEDULING ORDER DEADLINES (DKT. 54 ) by Judge John A. Kronstadt. The parties shall submit proposed dates for the final pretrial conference and trial date no later that February 2, (ah) (Entered: 06/28/2017) JOINT REPORT RE: STATUS OF SETTLEMENT CONFERENCE REPORT of Status of Settlement Conference filed by Defendant j2 Cloud Services, Inc.. (Sohal, Vikram) (Entered: 07/03/2017) MINUTES OF DEFENDANTS' MOTION TO DISMISS THE FIRST AND SECOND CAUSES OF ACTION ASSERTED IN THE THIRD AMENDED COMPLAINT 50 ; POST MEDIATION STATUS CONFERENCE held before Judge John A. Kronstadt. The motion hearing is held. The Court states its tentative views that it is inclined to deny Defendant's Motion to Dismiss the First and Second Cause of Action Asserted in the Third Amended Complaint (the Motion). Counsel address the Court. The Motion is taken UNDER SUBMISSION and a ruling will be issued. The status conference is held. The Court has reviewed the parties' Joint Report regarding their request to participate in a mediation session with James C. Earle in August. Dkt. 57. The Court directs counsel to proceed with mediation in August and will make an effort to issue the final ruling on the Motion within the next couple weeks. IT IS SO ORDERED. Court Reporter: Alex Joko. (lom) (Entered: 07/10/2017) (IN CHAMBERS) ORDER RE DEFENDANTS' MOTION TO DISMISS FIRST AND SECOND CAUSES OF ACTION ASSERTED IN THE THIRD AMENDED COMPLAINT (DKT. 50 ) by Judge John A. Kronstadt: The Motion is GRANTED. However, given that it is common that a party seeking to assert such claims does not have access to the records of the defendant that could support them, and notwithstanding that Plaintiff has had four opportunities to plead them, this Order is without prejudice to a later motion by Plaintiff for leave to amend the TAC to advance one or both of the claims that have been dismissed. (ah) (Entered: 07/14/2017) (IN CHAMBERS) ORDER SETTING POST MEDIATION STATUS CONFERENCE by Judge John A. Kronstadt: In light of the parties' Joint Report Re Settlement (Dkt. 57 ), the Court reschedules the Post Mediation Status Conference for September 18, 2017 at 1:30 p.m. If a settlement is reached, the parties are ordered to file a notice of settlement by September 8, 2017, which shall include a date by which a dismissal will be filed. If a notice of settlement is not filed, counsel shall file a joint report by September 8, 2017, regarding the status of settlement and whether discussions are ongoing or whether a second session would be productive. The joint report shall not disclose the substantive contents of any settlement communications between the parties. The Court will determine whether the September 18 hearing is necessary upon review of the report. 58 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 07/18/2017) Notice of Appearance or Withdrawal of Counsel: for attorney Guy Ruttenberg counsel for Defendants J2 Global Inc, efax Corporate, j2 Cloud Services, Inc.. Adding Guy Ruttenberg as counsel of record for efax Corporate; j2 Cloud Services, Inc.; j2 Global, Inc. for the reason // PAGE 7

8 indicated in the G-123 Notice. Filed by Plaintiff j2 Global, Inc., et al.. (Attachments: # 1 Proposed Order)(Attorney Guy Ruttenberg added to party J2 Global Inc(pty:dft), Attorney Guy Ruttenberg added to party efax Corporate(pty:dft), Attorney Guy Ruttenberg added to party j2 Cloud Services, Inc.(pty:dft))(Ruttenberg, Guy) (Entered: 07/21/2017) July 25, 2017 July 26, 2017 July 26, 2017 July 31, 2017 July 31, 2017 July 31, 2017 Aug 3, 2017 Aug 6, 2017 Sept 7, 2017 Sept 7, 2017 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123),, 61. The following error(s) was found: Incorrect event selected. The correct event is: Request for Substitution of Counsel. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ak) (Entered: 07/25/2017) RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice of Deficiency in Electronically Filed Documents (G-112A),, 62 by Judge John A. Kronstadt. The document is accepted as filed. Any future filing will be stricken for failing to comply with CM/ECF procedures. (ah) (Entered: 07/26/2017) ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY 61 by Judge John A. Kronstadt. Guy Ruttenberg for Defendant efax CORPORATE, j2 CLOUD SERVICES, INC., j2 GLOBAL, INC. instead of Jonathan B. Cole, Michael W. Feenberg & Vikram Sohal of Nemecek & Cole. (ah) (Entered: 07/27/2017) APPENDIX filed by Defendants J2 Global Inc, efax Corporate, j2 Cloud Services, Inc.. Re: Joint Stipulation of Facts (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Ruttenberg, Guy) (Entered: 07/31/2017) NOTICE OF MOTION AND MOTION to Dismiss Case for Lack of Subject Matter Jurisdiction, NOTICE OF MOTION AND MOTION for Summary Judgment and Related Relief filed by Defendants J2 Global Inc, efax Corporate, j2 Cloud Services, Inc.. Motion set for hearing on 10/30/2017 at 08:30 AM before Judge John A. Kronstadt. (Attachments: # 1 Memorandum, # 2 Exhibit 4) (Ruttenberg, Guy) (Entered: 07/31/2017) NOTICE OF LODGING filed (Proposed) Statement of Uncontroverted Facts and Conclusions of Law in Support of re NOTICE OF MOTION AND MOTION to Dismiss Case for Lack of Subject Matter Jurisdiction NOTICE OF MOTION AND MOTION for Summary Judgment and Related Relief 66 (Attachments: # 1 (Proposed) Statement of Uncontroverted Facts)(Ruttenberg, Guy) (Entered: 07/31/2017) Effective August 7, 2017, Judge Jean P. Rosenbluth will be located at the Edward R. Roybal Federal Building, COURTROOM 690 on the 6th Floor, located at 255 East Temple Street, Los Angeles, California All court appearances shall be made in Courtroom 690 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mailbox located outside the Clerk's Office on the 12th Floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 08/03/2017) (IN CHAMBERS) ORDER CONTINUING DEFENDANTS' MOTION FOR LACK OF SUBJECT MATTER JURISDICTION AND/OR SUMMARY JUDGMENT AND RELATED RELIEF (DKT. 66 ) by Judge John A. Kronstadt: The Court, on its own motion, continues the Motion from October 30, 2017 to November 13, 2017 at 8:30 a.m. Any response to the Motion shall be filed by September 11, 2017, with the reply to be filed no later than October 2, The Court will advance the Motion if an earlier date becomes available. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 08/06/2017) (STRICKEN PURSUANT TO DKT. 73 ) REQUEST to Continue Deadlines: Unopposed Motion Requesting Modification of Scheduling Order Related to Mediation to To be continued by 90 Days filed by Plaintiff Apex Compounding Pharmacy LLC. (Attachments: # 1 Order Granting Unopposed Stipulation to Modify Scheduling Order Deadlines Related to Mediation) (Dietz, Matthew) Modified on 9/11/2017 (ah). (Entered: 09/07/2017) (STRICKEN PURSUANT TO DKT. 73 ) REQUEST to Continue Deadlines: Motion Requesting Modification of Scheduling Order to be continued by 90 Days filed by Plaintiff Apex // PAGE 8

9 Compounding Pharmacy LLC. (Attachments: # 1 Order Granting Unopposed Stipulation to Modify Scheduling Order Deadlines) (Dietz, Matthew) Modified on 9/11/2017 (ah). (Entered: 09/07/2017) Sept 8, 2017 Sept 11, 2017 Sept 11, 2017 Sept 12, 2017 Sept 13, 2017 Sept 13, 2017 Sept 13, 2017 Sept 13, 2017 STATUS REPORT Defendants' Settlement Status Report filed by Defendants J2 Global Inc, efax Corporate, j2 Cloud Services, Inc.. (Ruttenberg, Guy) (Entered: 09/08/2017) ORDER by Judge John A. Kronstadt: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: REQUEST to Continue Deadlines: Unopposed Motion Requesting Modification of Scheduling Order Related to Mediation to To be continued by 90 Days 70, REQUEST to Continue Deadlines: Motion Requesting Modification of Scheduling Order to be continued by 90 Days 71, for the following reasons: Incorrect event selected. Hearing information is missing, incorrect, or not timely. The documents are filed as Motions but are e-filed as a Request. The docket text shall reflect the exact title of the document. Moreover, the correct event codes are to be used. Motions are set for hearing and briefed pursuant to L.R. 6-1 and 7-4. The appropriate manner in which to seek such relief when it is agreed upon is by filing a stipulation and proposed order. (ah) (Entered: 09/11/2017) OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case for Lack of Subject Matter Jurisdiction NOTICE OF MOTION AND MOTION for Summary Judgment and Related Relief 66 filed by Plaintiff Apex Compounding Pharmacy LLC. (Attachments: # 1 Declaration, # 2 Objection to Evidence, # 3 Statement of Genuine Dispute)(Dietz, Matthew) (Entered: 09/11/2017) (IN CHAMBERS) ORDER DIRECTING PLAINTIFF'S COUNSEL TO FILE REPORT RE SETTLEMENT by Judge John A. Kronstadt: The parties were required to file a joint report regarding the status of settlement by September 8, Dkt. 60. The Court has reviewed the Defendants Settlement Status Report (Dkt. 72 ) but has not received any report from Plaintiff. Plaintiff shall file a report regarding the status of settlement on or before September 13, The report shall not disclose the substantive contents of any settlement communications between the parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc3, ) TEXT ONLY ENTRY (Entered: 09/12/2017) [WITHDRAWN PURSUANT TO DOCKET ENTRY #79] NOTICE OF MOTION AND MOTION to Continue /Modify Scheduling Order filed by Plaintiff Apex Compounding Pharmacy LLC. Motion set for hearing on 12/4/2017 at 08:30 AM before Judge John A. Kronstadt. (Attachments: # 1 Proposed Order Granting Motion to Continue/Modify Scheduling Order Deadlines) (Dietz, Matthew) Modified on 9/19/2017 (bp). (Entered: 09/13/2017) NOTICE OF MOTION AND MOTION to Continue /Modify Scheduling Order Related to Mediation filed by Plaintiff Apex Compounding Pharmacy LLC. Motion set for hearing on 12/4/2017 at 08:30 AM before Judge John A. Kronstadt. (Attachments: # 1 Proposed Order Granting Motion to Continue/Modify Scheduling Order Related to Mediation) (Dietz, Matthew) (Entered: 09/13/2017) STATUS REPORT (Joint Settlement Status Report) filed by Plaintiff Apex Compounding Pharmacy LLC. (Dietz, Matthew) (Entered: 09/13/2017) NOTICE OF MOTION AND MOTION to Withdraw NOTICE OF MOTION AND MOTION to Continue /Modify Scheduling Order 76 filed by Plaintiff Apex Compounding Pharmacy LLC. Motion set for hearing on 12/4/2017 at 08:30 AM before Judge John A. Kronstadt. (Dietz, Matthew) (Entered: 09/13/2017) 80 Sept 14, 2017 (IN CHAMBERS) ORDER RE DEFENDANTS' SETTLEMENT STATUS REPORT (DKT. 72 ); PLAINTIFF'S MOTION TO CONTINUE/MODIFY SCHEDULING ORDER (DKT. 76 ); PLAINTIFF'S MOTION TO CONTINUE/MODIFY SCHEDULING ORDER RELATED TO MEDIATION (DKT. 77 ); PLAINTIFF'S WITHDRAWAL OF MOTION TO CONTINUE/MODIFY SCHEDULING ORDER - DKT. 76 (DKT. 79 ); by Judge John A. Kronstadt: Court GRANTS IN PART the Amended Motion. Non-Expert Discovery Cut-Off October 30, Last day to file motions (including discovery motions) December 4, Trial Setting Conference vacated. The parties will be invited to submit proposed dates for the final pretrial conference and trial, if necessary, upon the Court's final ruling on the motions. The trial estimate will be set at the final pretrial conference. The Post Mediation Status Conference, set for September 18, 2017 is TAKEN OFF CALENDAR. The Court sets a Status Conference re Settlement for November 13, 2017 at 8:30 a.m.see Minute Order for specifics. (ah) (Entered: 09/14/2017) 81 Sept 15, 2017 Joint STIPULATION to Vacate Order Order on Motion to Continue,,,,,,,,,, Order on Motion to Withdraw Motion,,,, 80 filed by Plaintiff Apex Compounding Pharmacy LLC. (Attachments: # 1 // PAGE 9

10 Proposed Order)(Dietz, Matthew) (Entered: 09/15/2017) 82 Sept 20, 2017 ORDER RE JOINT STIPULATION TO VACATE THE COURTS SEPTEMBER 14, 2017 ORDER CONTINUING CERTAIN DATES by Judge John A. Kronstadt, 81. The Order dated September 14, 2017 (Dkt. 80 ), is vacated. The deadlines for these events are returned to those set forth in the Scheduling Order dated June 28, 2017 (Dkt. 56 ). To the extent that either party seeks leave to continue any dates in the future, that party will file an appropriate application or request, not a motion. The other directives in the September 14, 2017 Order (Dkt. 80 ) are not vacated, and remain in place. REFER TO THE COURT'S ORDER FOR DETAILS. NOTE: CHANGES MADE BY THE COURT. (pso) (Entered: 09/21/2017) Sept 29, 2017 Oct 2, 2017 Oct 10, 2017 Oct 10, 2017 Joint STIPULATION to Continue Date to File Defendants' Reply in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction and/or Summary Judgment and Related Relief from October 2, 2017 to October 10, 2017 filed by Defendants J2 Global Inc, efax Corporate, j2 Cloud Services, Inc.. (Attachments: # 1 Proposed Order)(Ruttenberg, Guy) (Entered: 09/29/2017) ORDER RE JOINT STIPULATIN RE ONE-WEEK CONTINUANCE TO FILE DEFENDANTS' REPLY IN SUPPORT OF MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND/OR SUMMARY JUDGMENT AND RELATED RELIEF by Judge John A. Kronstadt, re Stipulation to Continue, 83. The last day to file Defendants' Reply in Support of their Motion to Dismiss for Lack of Subject Matter Jurisdiction and/or Summary Judgment and Related Relief is continued from October 2, 2017 to October 10, This Order does not affect any other dates ordered by the Court or agreed to by the parties. (bp) (Entered: 10/02/2017) REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case for Lack of Subject Matter Jurisdiction NOTICE OF MOTION AND MOTION for Summary Judgment and Related Relief 66 filed by Defendants J2 Global Inc, efax Corporate, j2 Cloud Services, Inc.. (Attachments: # 1 Declaration of Guy Ruttenberg, # 2 Defendants Response to Plaintiffs Statement of Genuine Disputes, # 3 Defendants Response to Plaintiffs Objection to Evidence Presented in Support of Motion to Dismiss)(Ruttenberg, Guy) (Entered: 10/10/2017) OBJECTIONS Defendants Objections to Evidence Presented in Support of Plaintiffs Opposition to Motion to Dismiss for Lack of Subject Matter Jurisdiction and/or Summary Judgment and Related Relief filed by Defendants J2 Global Inc, efax Corporate, j2 Cloud Services, Inc.. (Attachments: # 1 Proposed Order)(Ruttenberg, Guy) (Entered: 10/10/2017) // PAGE 10