United States District Court, S.D. California
SARA ELIZABETH SIEGLER, et al. Plaintiffs,
SORRENTO THERAPEUTICS, INC., et al., Defendants.
ORDER (1) GRANTING PLAINTIFF’S
MOTION TO APPEAR REMOTELY AT THE UPCOMING HEARING; (2)
GRANTING MOTION FOR AN EXTENSION TO FILE A REPLY; AND (3)
SCHEDULING HEARING ON PENDING MOTIONS. [ECF NOS. 134, 140,
Gonzalo P. Curiel, United States District Judge.
August 2, 2019, the Court granted Defendants BDL Products,
Inc., Cargenix Holdings LLC, Henry Ji, Sorrento Therapeutics,
Inc., and TNK Therapeutics, Inc.’s
(“Defendants”) motion to dismiss the second
amended complaint, ECF No. 126, and entered judgement against
Plaintiff Sara Elizabeth Siegler (“Plaintiff”),
ECF No. 127. The dismissal order and judgment have spawned
numerous follow-up motions aiming to have the Court
reconsider its August 2, 2019 ruling and seeking other forms
of relief including a change of venue, permission to exceed
page limitations, an extension of motion deadlines, and the
Court’s recusal or disqualification. ECF Nos. 128, 133,
134, 138, 140, 142. With the most recent orders, see
ECF Nos. 132, 135, 141, the Court has ruled on the requests
and motions set out in ECF Nos. 128, 133, and 138.
remaining motions and requests, contained in ECF Nos. 134,
140, and 142, are described below. On August 30, 2019,
Plaintiff requested reconsideration of the order granting
Defendants’ motion to dismiss and the entry of
clerk’s judgment. ECF No. 134. On September 6, 2019,
the Court scheduled a hearing on this motion for November 15,
2019. ECF No. 139. The Court directed a response be filed on
or before October 4, 2019 and a reply on or before October
15, 2019. ECF No. 139. On September 7, 2019, Plaintiff filed
a motion to appear remotely at the upcoming hearing and to
extend the time permitted to file a reply. ECF No. 140-1.
Thereafter, on September 10, 2019, Plaintiff filed a motion
for recusal and/or disqualification. ECF No. 142.
Plaintiff’s Motion to Appear Remotely with Written
requests leave to participate remotely if a hearing is held
on the pending motions. See ECF No. 140. Plaintiff
offers that she is “unable to fly to California for the
purposes of a hearing.” ECF No. 140-1 at 1.
a party’s remote appearance “is within the sole
discretion of the Court.” Mohammadkhani v.
Anthony, No. CVS-02-0095-KJD-LRL, 2007 WL 2325162, at *3
(D. Nev. Aug. 10, 2007). Similarly, it is in the
Court’s discretion whether to hold a hearing or to
decide the motions on the papers. See CivLR 7(d)(1).
Here, upon good cause showing, and in light of
Plaintiff’s circumstances, the Court
GRANTS Plaintiff’s motion and permits
Plaintiff to appear remotely if a hearing on the pending
motions is held.
also requests that the Court provide written instructions on
how to appear remotely at least one week prior to the hearing
date. ECF No. 140-1 at 8. Plaintiff shall contact the
undersigned’s courtroom deputy clerk at (619) 557-5539
at least two (2) days prior to the hearing to make
appropriate arrangements for an appearance via telephone.
Cf. Johnson v. Mitchell, No. 2:10-CV-1968
GEB GGH, 2012 WL 2446098, at *8 (E.D. Cal. June 26, 2012)
(requiring party to call deputy clerk to obtain instructions
for a telephonic appearance).
Plaintiff’s Motion to Extend Time to File
Court also GRANTS Plaintiff’s motion
to extend time permitted to file a reply and orders a reply
due December 6, 2019. As a result, the Court reschedules the
hearing on the pending motion for reconsideration of the
judgment from November 15, 2019 to December 20, 2019 at 1:30
p.m. in Courtroom 2D. See ECF No. 134. Finally, the
Court sets a concurrent hearing on the Plaintiff’s
motion for recusal and disqualification for December 20,
2019. See ECF No. 142. A response to both motions
should be filed on or before October 18, 2019 and any reply
should be filed on or before December 6, 2019.
IT IS HEREBY ORDERED that:
1. A hearing on Plaintiff’s Motion for Reconsideration
of the Order Granting Defendants’ Motion to Dismiss and
the Entry of Clerk’s Judgment, ECF No. 134, and
Plaintiff’s Motion for Recusal and Disqualification,
ECF No. 142, is scheduled on December 20, 2019 at 1:30 p.m.
in Courtroom 2D.
2. The scheduled November 15, 2019 hearing is continued to
December 20, 2019.
3. In the event that a hearing is held on December 20, 2019,
Plaintiff may ...