Mikovits v. Whittemore Peterson Institute, The

California Southern District Court
Judge:Roger T Benitez
Referred: William V Gallo
Case #: 3:14-cv-02797
Nature of Suit790 Labor - Other Labor Litigation
Cause31:3729 False Claims Act - Liability
Case Filed:Nov 24, 2014
Terminated:Aug 10, 2015
Last checked: Saturday May 23, 2015 6:38 AM PDT
Defendant
Whittemore Peterson Institute, The
Plaintiff
Dr. Judy Mikovits
#5 140 Acacia Ave
Carlsbad, CA 92008


Docket last updated: 10 hours ago
Wednesday, January 06, 2016
36 36 appeal USCA Mandate Wed 01/06 1:42 PM
MANDATE of USCA dismissing the appeal for lack of jurisdiction as to25 Notice of Appeal to the 9th Circuit filed by Judy Mikovits. (akr)
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Wednesday, December 09, 2015
35 35 appeal USCA Order Wed 12/09 11:58 AM
ORDER of USCA as to25 Notice of Appeal to 9th Circuit filed by Judy Mikovits. A review of the record and the response to the USCA's August 28, 2015 order to show cause indicates that the USCA lacks jurisdiction over this appeal because the August 10, 2015 USDC order transferred the matter to the United States District Court for the District of Nevada pursuant to 28 U.S.C. § 1406(a). Accordingly, this appeal is dismissed for lack of jurisdiction. Appellant's alternate request for a writ of mandamus is denied because appellant has not demonstrated that this case warrants the intervention of the USCA by means of the extraordinary remedy of mandamus. (akr)
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Thursday, November 19, 2015
34 34 appeal Appeal Transcript Thu 11/19 10:54 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT for date of 8/28/2015 before Judge Roger T. Benitez, re25 Notice of Appeal to 9th Circuit. Court Reporter/Transcriber: Deborah M. O'Connell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/10/2015. Redacted Transcript Deadline set for 12/21/2015. Release of Transcript Restriction set for 2/17/2016. (akr)
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33 33 appeal Appeal Transcript Thu 11/19 10:53 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT for date of 6/29/2015 before Judge Roger T. Benitez, re25 Notice of Appeal to 9th Circuit. Court Reporter/Transcriber: Deborah M. O'Connell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/10/2015. Redacted Transcript Deadline set for 12/21/2015. Release of Transcript Restriction set for 2/17/2016. (akr)
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Thursday, September 17, 2015
32 32 appeal Transcript Designation and Ordering Form Thu 09/17 2:32 PM
NOTICE of TRANSCRIPT ORDER by Judy Mikovits re25 Notice of Appeal to 9th Circuit. (Liskey, Robert). (Main Document 32 replaced on 9/17/2015 with printed .pdf of document, which was originally e-filed as an active fillable form. The document has been edited by the deputy clerk to indicate the correct US District Court in the caption. Modified docket text to reflect title of document.) (akr). (Main Document 32 replaced on 9/17/2015) (akr)
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31 31 appeal Transcript Designation and Ordering Form Thu 09/17 2:31 PM
TRANSCRIPT DESIGNATION AND ORDERING FORM by Judy Mikovits for proceedings held on 6/29/15, 8/10/15, 8/28/15 re25 Notice of Appeal to 9th Circuit. (Liskey, Robert) (Main Document 31 replaced on 9/17/2015 with printed .pdf of document, which was originally e-filed as an active fillable form. The document has been edited by the deputy clerk to indicate the correct US District Court in the caption.) (akr)
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Tuesday, September 15, 2015
30 30 misc Fee for Appeal to 9th Circuit Court of Appeals Tue 09/15 3:25 PM
Fee for Appeal to 9th Circuit Court of Appeals: $ 505, receipt number 0974-8415855, Paid on 9/15/2015. (no document attached) (Liskey, Robert). (Modified on 9/15/2015: USCA Case Number 15-56286 Notice electronically transmitted to the US Court of Appeals via regenerated NEF.) (akr)
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notice Notice (Other) Tue 09/15 4:02 PM
NOTICE of USCA receipt of 30 fee payment notification re25 Notice of Appeal. (no document attached) (akr)
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Friday, August 28, 2015
29 29 minutes Status Conference Mon 08/31 4:48 PM
Minute Entry for proceedings held before Judge Roger T. Benitez: Status Conference held on 8/28/2015.(Court Reporter/ECR Debbie OConnell). (Plaintiff Attorney Robert Liskey). (Defendant Attorney No Appearance). (no document attached) (gxr)
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28 28 appeal USCA Order Fri 08/28 11:25 AM
ORDER of USCA as to25 Notice of Appeal to 9th Circuit filed by Judy Mikovits. A review of the record suggests that the USCA may lack jurisdiction over this appeal because the USDC order challenged in this appeal transferred the matter to the United States District Court for the District of Nevada pursuant to 28 U.S.C. § 1406(a). "(O)rders respecting venue entered under § 1404(a) and § 1406(a) are interlocutory in nature and are not appealable prior to final judgment." Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant does not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. A review of the USCA's docket also reflects that the filing and docketing fees for this appeal remain due. If appellant elects to show cause, appellant shall also pay to the USDC the $505.00 filing and docketing fees for this appeal and file in the USCA proof of such payment or file in the USCA a motion to proceed in forma pauperis within 21 days after the date of this order. Failure to pay the fees or file a motion to proceed in forma pauperis shall result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. Briefing is suspended pending further order of the USCA. The Clerk shall serve a Form 4 financial affidavit on appellant. (akr)
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Monday, August 24, 2015
27 27 appeal USCA Time Schedule Order Mon 08/24 9:49 AM
USCA Time Schedule Order as to25 Notice of Appeal to 9th Circuit filed by Judy Mikovits.. (cc: Court Reporters.) (akr)
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Att: 1 Transcript Designation and Ordering Form
26 26 appeal USCA Case Number Mon 08/24 9:47 AM
USCA Case Number 15-56286 for25 Notice of Appeal to 9th Circuit filed by Judy Mikovits. (akr)
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Sunday, August 23, 2015
25 25 appeal Notice of Appeal to 9th Circuit Sun 08/23 4:33 PM
NOTICE OF APPEAL to the 9th Circuit as to17 Order on Motion to Continue, Order on Motion to Change Venue, Order on Motion to File Documents Under Seal,,,,,, by Judy Mikovits., Fee not paid (Notice of Appeal electronically transmitted to US Court of Appeals.) (Liskey, Robert)
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Friday, August 21, 2015
24 24 notice Notice of Change of Hearing Fri 08/21 10:53 AM
NOTICE of Change of Hearing: Status Conference reset for 8/28/2015 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. (no document attached) (gxr)
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Friday, August 14, 2015
23 23 4 pgs misc Transcript Fri 08/14 11:57 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/10/2015, before Judge Roger T. Benitez. Court Reporter/Transcriber: James C. Pence. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/4/2015. Redacted Transcript Deadline set for 9/14/2015. Release of Transcript Restriction set for 11/12/2015. (akr)
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Thursday, August 13, 2015
22 22 order Order on Motion to Continue Order on Motion to Stay Thu 08/13 2:29 PM
ORDER: (1) Granting Motion to Continue; and (2) Denying Motion to Stay (ECF21 ). Status Conference continued to 8/24/2015 10:30 AM before Judge Roger T. Benitez. Signed by Judge Roger T. Benitez on 8/13/2015. (knb)
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21 21 motion Continue Stay Thu 08/13 7:12 AM
MOTION to Continue, MOTION to Stay by Judy Mikovits. (Liskey, Robert). (knb)
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Wednesday, August 12, 2015
20 20 notice Notice of Hearing Wed 08/12 11:54 AM
NOTICE of Hearing: Status Hearing set for 8/17/2015 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. (no document attached) (gxr)
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19 19 1 pgs misc Transfer Letter Received Wed 08/12 11:34 AM
Transfer Letter Received from District of Nevada. Case number in other court is 3:15-cv-00409 (kas)
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Monday, August 10, 2015
17 17 order Order on Motion to Continue Order on Motion to Change Venue Order on Motion to File Documents Under Seal Tue 08/11 12:02 PM
ORDER Granting In Part Plaintiff's11 Motion to Change Venue; Granting Plaintiff's14 Motion to File First Amended Complaint Under Seal. Clerk shall transfer this matter to the District of Nevada. Plaintiff's5 Motion for an Exrension of Time is denied as moot. Signed by Judge Roger T. Benitez on 8/10/2015. (jah). Modified on 8/11/2015 - Copy of First Amended Complaint, this Order and Docket mailed to District of Nevada.[Civil case electronically transferred to the District of NV on 8/11/15.](jah)(jrd)
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16 16 minutes Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) Show Cause Hearing Mon 08/10 2:17 PM
Minute Entry for proceedings held before Judge Roger T. Benitez: Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) held on 8/10/2015. Court to issue written Order. (Court Reporter/ECR James Pence). (Plaintiff Attorney Robert Liskey). (Defendant Attorney No Appearance). (no document attached) (gxr)
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Monday, July 27, 2015
15 15 respoth Sealed Lodged Proposed Document Mon 07/27 11:48 AM
SEALED LODGED Proposed Document re:14 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Liskey, Robert). (jah)
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14 14 motion Motion to File Documents Under Seal Mon 07/27 11:47 AM
MOTION to File Documents Under Seal (With attachments)(Liskey, Robert). (jah)
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Sunday, July 19, 2015
13 13 respm Response - Other Sun 07/19 11:12 PM
RESPONSE re12 Order to Show Cause,, filed by Judy Mikovits. (Liskey, Robert)
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Tuesday, July 14, 2015
12 12 order Order to Show Cause Tue 07/14 1:52 PM
ORDER TO SHOW CAUSE Why the Case Should not be Transferred to the District of Nevada. Order to Show Cause Hearing set for 8/10/2015 10:30 AM before Judge Roger T. Benitez. Plaintiff is ordered to file a Response explaining why this case should not be transferred to the District of Nevada within five days of the date this Order is filed. Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) Hearing continued to 8/10/2015 10:30 AM before Judge Roger T. Benitez. Signed by Judge Roger T. Benitez on 7/13/2015.(knb)
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Friday, July 10, 2015
11 11 motion Change Venue Fri 07/10 9:30 AM
MOTION to Change Venue by Judy Mikovits.(Liskey, Robert)
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Att: 1 Memo of Points and Authorities,
Att: 2 Affidavit
Monday, June 29, 2015
10 10 minutes Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) ~Util - Set Hearings Order on Motion to Continue Tue 06/30 3:35 PM
Minute Order. for proceedings held before Judge Roger T. Benitez: Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) held on 6/29/2015. Granting7 MOTION to Substitute Attorney. Plaintiff oral request for continuance - Granted. Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) Hearing reset for 7/27/2015 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. (Court Reporter/ECR Debbie OConnell). (Plaintiff Attorney Robert Liksey). (no document attached) (gxr)
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9 9 order Order on Motion to Substitute Attorney Tue 06/30 10:29 AM
ORDER Granting7 Motion to Substitute Attorney. Robert Liskey is substituted as counsel of record in place of pro se Judy Mikovits for Plaintiff Judy Mikovits. Signed by Judge Roger T. Benitez on 6/29/2015. (knb)
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Friday, June 26, 2015
8 8 motion Continue Fri 06/26 9:42 AM
MOTION to Continue June 29, 2015 hearing by Judy Mikovits.(Liskey, Robert)
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Att: 1 Affidavit
7 7 motion Substitute Attorney Fri 06/26 9:38 AM
MOTION to Substitute Attorney by Judy Mikovits. (Liskey, Robert)Attorney Robert Liskey added to party Judy Mikovits(pty:pla)
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Thursday, June 11, 2015
6 6 notice Notice of Change of Hearing Thu 06/11 10:59 AM
NOTICE of Change of Hearing: Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) Hearing reset for 6/29/2015 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. (All non-registered users served via U.S. Mail Service)(no document attached) (gxr)
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Monday, June 08, 2015
5 5 motion Continue Mon 06/08 3:52 PM
Request/Application for Continuance of Time to Amend and Serve Complaint by Judy Mikovits. (kcm)
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4 4 order Notice and Order of Document Discrepancies Mon 06/08 3:51 PM
Notice of Document Discrepancies and Order Thereon by Judge Roger T. Benitez Accepting Document: Request for Continuance, from Plaintiff Judy Mikovits. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Missing Proof of Service. Signed by Judge Roger T. Benitez on 6/8/2015.(All non-registered users served via U.S. Mail Service)(kcm)
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Tuesday, May 12, 2015
3 3 notice Notice of Hearing - Dismissal per FRCvP 4(m) FORM Tue 05/12 3:58 PM
Notice of Hearing - Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) as to *ALL DEFENDANTS*. Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) Hearing set for 6/15/2015 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. (All non-registered users served via U.S. Mail Service)(gxr)
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Monday, November 24, 2014
2 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons has been provided to plaintiffs not receiving notice electronically. (kcm)
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1 1 COMPLAINT with Jury Demand against Whittemore Peterson Institute, The (Filing fee $ 400 receipt number CASO68221) filed by Judy Mikovits. The new case number is 3:14-cv-2797-BEN-WVG. Judge Roger T. Benitez and Magistrate Judge William V. Gallo are assigned to the case.(kcm)
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Att: 1 Civil Case Cover Sheet