Case: Insight Psychology and Addiction, Inc. and Jane Doe v. City of Costa Mesa

Insight Psychology and Addiction, Inc v. City of Costa Mesa

Insight Psychology and Addiction, Inc. and Jane Doe v City of Costa Mesa

COMPLAINT Receipt No: ACACDC-25710640 - Fee: $400, filed by Plaintiff Insight Psychology and Addiction, Inc.. (Attorney Mary Helen Beatificato added to party Insight Psychology and Addiction, Inc.(pty:pla))(Beatificato, Mary Helen) (Entered: 03/12/2020)

CIVIL COVER SHEET filed by Plaintiff Insight Psychology and Addiction, Inc.. (Beatificato, Mary Helen) (Entered: 03/12/2020)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Insight Psychology and Addiction, Inc.. (Beatificato, Mary Helen) (Entered: 03/12/2020)

CERTIFICATE of Interested Parties filed by Plaintiff Insight Psychology and Addiction, Inc., identifying None. (Beatificato, Mary Helen) (Entered: 03/12/2020)

NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge John D. Early. (ghap) (Entered: 03/16/2020)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 03/16/2020)

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant City of Costa Mesa. (ghap) (Entered: 03/16/2020)

INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) (Entered: 03/17/2020)

Order Setting Rule 26(f) Scheduling Conference set for 6/15/2020 at 10:00 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 6/8/2020. (lb) (Entered: 03/25/2020)

PROOF OF SERVICE Executed by Plaintiff Insight Psychology and Addiction, Inc., upon Defendant City of Costa Mesa served on 3/17/2020, answer due 4/7/2020. Service of the Summons and Complaint were executed upon Stacy Bennett, City Clerk in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Beatificato, Mary Helen) (Entered: 03/26/2020)

CERTIFICATE of Interested Parties filed by Defendant City of Costa Mesa, identifying City of Costa Mesa. (Attorney Christopher D Lee added to party City of Costa Mesa(pty:dft))(Lee, Christopher) (Entered: 04/07/2020)

NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint filed by Defendant City of Costa Mesa. Motion set for hearing on 5/11/2020 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Declaration Christopher D. Lee, # 2 Proposed Order Granting Motion to Dismiss) (Lee, Christopher) (Entered: 04/07/2020)

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint 12 filed by Defendant City of Costa Mesa. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Lee, Christopher) (Entered: 04/07/2020)

MEMORANDUM IN SUPPORT OF OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint 12 filed by Plaintiff Insight Psychology and Addiction, Inc.. (Beatificato, Mary Helen) (Entered: 04/20/2020)

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint 12 filed by Plaintiff Insight Psychology and Addiction, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Beatificato, Mary Helen) (Entered: 04/20/2020)

NOTICE OF ERRATA filed by Plaintiff Insight Psychology and Addiction, Inc.. correcting Complaint (Attorney Civil Case Opening) 1 (Attachments: # 1 Exhibit 1)(Beatificato, Mary Helen) (Entered: 04/20/2020)

REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint 12 filed by Defendant City of Costa Mesa. (Lee, Christopher) (Entered: 04/27/2020)

REQUEST for Hearing Motion to Dismiss, re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint 12, filed by Plaintiff Insight Psychology and Addiction, Inc.. (Beatificato, Mary Helen) (Entered: 05/12/2020)

REQUEST for Hearing Motion to Dismiss, re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint 12, filed by Plaintiff Insight Psychology and Addiction, Inc.. (Beatificato, Mary Helen) (Entered: 05/12/2020)

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8, filed by Plaintiff Insight Psychology and Addiction, Inc... (Beatificato, Mary Helen) (Entered: 05/26/2020)

MINUTE ORDER [IN CHAMBERS] Minute Order Requesting Supplemental Briefing by Judge James V. Selna: On May 12, 2020, Plaintiff Insight Psychology and Addiction, Inc. ("Insight") filed a request for oral argument advancing an argument concerning why they believe a hearing on Defendants' motion to dismiss is necessary. See ECF No. 19. The Court requests that Defendant City of Costa Mesa file a supplemental brief, not to exceed five pages, responding to the arguments in Insight's request, by Wednesday, June 3 at 5:00 p.m. (es) (Entered: 05/27/2020)

RESPONSE filed by Defendant City of Costa Mesato REQUEST for Hearing Motion to Dismiss, re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint 12, 19, Minutes of In Chambers Order/Directive - no proceeding held,, 21 (Lee, Christopher) (Entered: 06/03/2020)

ORDER FOR JURY TRIAL SETTING DATES; PREPARATION FOR TRIAL; AND GOVERNING ATTORNEY AND PARTY CONDUCT AT TRIAL before Judge James V. Selna. (See Document for Details and Deadlines) (lb) (Entered: 06/10/2020)

MINUTE ORDER [IN CHAMBERS] ORDER RE SCHEDULING DATES by Judge James V. Selna: The Court has read and considered the parties Rule 26(f) Report and sets the following dates: Jury Trial July 27, 2021 at 8:30 a.m. Final PreTrial Conference July 12, 2021 at 11:00 a.m. Discovery Cut-off April 12, 2021. Expert Discovery Cut-off May 10, 2021. Law and Motion Cut-off June 7, 2021 at 1:30 p.m. Last Day to Amend Pleadings or Add Parties August 24, 2020. The Court orders that any settlement discussions shall be completed not later than February 5, 2021. *See document for details and deadlines.* The Scheduling Conference set for June 15, 2020 at 10:00 a.m. is VACATED. (es) (Entered: 06/10/2020)

STIPULATION for Protective Order filed by Plaintiff Insight Psychology and Addiction, Inc.. (Attachments: # 1 Proposed Order)(Beatificato, Mary Helen) (Entered: 06/22/2020)

PROTECTIVE ORDER by Magistrate Judge John D. Early re Stipulation for Protective Order 25 . (see document for details) (hr) (Entered: 06/23/2020)

MINUTES [IN CHAMBERS] Order Regarding Motion to Dismiss by Judge James V. Selna: For the foregoing reasons, the Court DENIES in part and GRANTS in part the motion. Insight's CCFA claim is denied with prejudice, but Insight shall have 30 days to amend the remainder of its claims. The Court finds that oral argument would not be helpful and DENIES Insight's request for hearing. (See document for details.) (es) (Entered: 07/10/2020)

FIRST AMENDED COMPLAINT City of Costa Mesa amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiff Insight Psychology and Addiction, Inc. (Attachments: # 1 Exhibit A)(Beatificato, Mary Helen) (Entered: 08/07/2020)

Joint STIPULATION Extending Time to Answer the complaint as to City of Costa Mesa answer now due 8/28/2020, re Amended Complaint/Petition 28 filed by Defendant City of Costa Mesa. (Attachments: # 1 Proposed Order Extending Time)(Lee, Christopher) (Entered: 08/17/2020)

ORDER EXTENDING DEFENDANT''S TIME TO RESPOND TO FIRST AMENDED COMPLAINT BY 7 DAYS 29, by Judge James V. Selna. IT IS HEREBY ORDERED THAT: 1. The parties' Stipulation is GRANTED. 2. The City shall file its response to the First Amended Complaint by August 28, 2020. (es) (Entered: 08/18/2020)

Notice of Appearance or Withdrawal of Counsel: for attorney Autumn M Elliott counsel for Plaintiff Jane Doe. Adding Autumn M. Elliott as counsel of record for Jane Doe for the reason indicated in the G-123 Notice. Filed by Plaintiff Jane Doe. (Attorney Autumn M Elliott added to party Jane Doe(pty:pla))(Elliott, Autumn) (Entered: 08/18/2020)

Notice of Appearance or Withdrawal of Counsel: for attorney Zeenat Hassan counsel for Plaintiff Jane Doe. Adding Zeenat Hassan as counsel of record for Jane Doe for the reason indicated in the G-123 Notice. Filed by plaintiff Jane Doe. (Attorney Zeenat Hassan added to party Jane Doe(pty:pla))(Hassan, Zeenat) (Entered: 08/18/2020)

NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant City of Costa Mesa. Motion set for hearing on 9/28/2020 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Declaration Christopher D. Lee, # 2 Proposed Order Granting Motion) (Lee, Christopher) (Entered: 08/28/2020)

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 33 filed by Defendant City of Costa Mesa. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Lee, Christopher) (Entered: 08/28/2020)

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 33 jointly filed on behalf of Plaintiffs Insight Psychology and Addiction, Inc. and Jane Doe and filed by Plaintiff Jane Doe. (Attachments: # 1 Appendix A)(Elliott, Autumn) (Entered: 09/07/2020)

NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Malcolm S McNeil has been assigned to serve as Panel Mediator. (lst) (Entered: 09/10/2020)

REPLY in Support of Motion NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 33 filed by Defendant City of Costa Mesa. (Lee, Christopher) (Entered: 09/14/2020)

MINUTES (IN CHAMBERS) Order Regarding Motion to Dismiss by Judge James V. Selna: Defendant, the City of Costa Mesa ("Costa Mesa"), moved to dismiss Plaintiffs Insight Psychology and Addiction, Inc. ("Insight") and Jane Doe's ("Doe") (together-"Plaintiffs") First Amended Complaint ("FAC"). Mot., Dkt. No. 33. Plaintiffs Opposed. Opp'n, Dkt. No. 35. Costa Mesa replied. Reply, Dkt. No. 37. For the following reasons, the Court GRANTS in part and DENIES in part the motion. (See document for details.) The Court asks the parties to meet and confer and notify the Court which parts of the order should be redacted within 7 days. (es) (Entered: 10/02/2020)

Notice of Meet and Confer filed by Defendant City of Costa Mesa re: Order on Motion to Dismiss,, 38 (Lee, Christopher) (Entered: 10/06/2020)

ANSWER to Amended Complaint/Petition 28 with JURY DEMAND, COUNTERCLAIM against Insight Psychology and Addiction, Inc. filed by Defendant City of Costa Mesa.(Lee, Christopher) (Entered: 10/16/2020)

Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening), Counterclaim 40 filed by Defendant City of Costa Mesa. (Lee, Christopher) (Entered: 10/16/2020)

21 DAY Summons Issued re Answer to Complaint (Attorney Civil Case Opening), Counterclaim 40 as to Counter-Defendant Mary Helen Beatificato, Gerald Grosso, Insight Psychology and Addiction, Inc.. (es) (Entered: 10/21/2020)

ANSWER to Amended Complaint/Petition 28 with JURY DEMAND, COUNTERCLAIM against Mary Helen Beatificato, Gerald Grosso, Insight Psychology and Addiction, Inc., Roes 1-50 filed by Defendant and Counter-Plaintiff City of Costa Mesa.(Lee, Christopher) (Entered: 11/05/2020)

NOTICE of Appearance filed by attorney Christopher Brancart on behalf of Plaintiff Jane Doe (Attorney Christopher Brancart added to party Jane Doe(pty:pla))(Brancart, Christopher) (Entered: 11/15/2020)

Joint STIPULATION for Extension of Time to File Response to Defendant's First Amended Answer and to Extend Counter-Defendants' Time to Respond to Counter-Plaintiffs' First Amended Counterclaim filed by Plaintiff Jane Doe. (Attachments: # 1 Proposed Order)(Elliott, Autumn) (Entered: 11/18/2020)

ORDER EXTENDING PLAINTIFFS' TIME TO RESPOND TO DEFENDANT'S FIRST AMENDED ANSWER AND EXTENDING COUNTER-DEFENDANTS' TIME TO RESPOND TO COUNTER-PLAINTIFFS' FIRST AMENDED COUNTERCLAIM 45 by Judge James V. Selna. IT IS HEREBY ORDERED THAT: 1. The Parties' stipulation is GRANTED. 2. Pursuant to Federal Rules of Civil Procedure, Rule 15(a)(2), the opposing parties have given written consent for Counter-Plaintiffs City of Costa Mesa and People of the State of California (collectively, "Counter-Plaintiffs") to file a Second Amended Counterclaim and Defendant and Counter-Plaintiff City of Costa Mesa ("City") may file a Second Amended Answer on or before November 20, 2020. [See document for details.] (es) (Entered: 11/19/2020)

ANSWER to Amended Complaint/Petition 28 with JURY DEMAND, Second COUNTERCLAIM against Mary Helen Beatificato(an individual), Gerald Grosso(an individual), Insight Psychology and Addiction, Inc.(a California corporation) filed by Defendant and Counter-Plaintiff City of Costa Mesa.(Lee, Christopher) (Entered: 11/19/2020)

NOTICE OF MOTION AND MOTION to Dismiss SECOND AMENDED COUNTERCLAIM AND STRIKE UNCLEAN HANDS AND "BUSINESS IS BARRED" AFFIRMATIVE DEFENSES filed by PLAINTIFFS AND COUNTERDEFENDANTS Insight Psychology and Addiction, Inc.(a California corporation). Motion set for hearing on 1/4/2021 at 01:30 PM before Judge James V. Selna. (Beatificato, Mary Helen) Modified on 12/21/2020 (iv). (Entered: 12/03/2020)

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss SECOND AMENDED COUNTERCLAIM AND STRIKE UNCLEAN HANDS AND "BUSINESS IS BARRED" AFFIRMATIVE DEFENSES 48 filed by Counter Defendant Insight Psychology and Addiction, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Beatificato, Mary Helen) (Entered: 12/03/2020)

PROPOSED ORDER re NOTICE OF MOTION AND MOTION to Dismiss SECOND AMENDED COUNTERCLAIM AND STRIKE UNCLEAN HANDS AND "BUSINESS IS BARRED" AFFIRMATIVE DEFENSES 48 filed by Counter Defendant Insight Psychology and Addiction, Inc.. (Beatificato, Mary Helen) (Entered: 12/03/2020)

JOINDER in NOTICE OF MOTION AND MOTION to Dismiss SECOND AMENDED COUNTERCLAIM AND STRIKE UNCLEAN HANDS AND "BUSINESS IS BARRED" AFFIRMATIVE DEFENSES 48 filed by Plaintiff Jane Doe. (Elliott, Autumn) (Entered: 12/03/2020)

OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss SECOND AMENDED COUNTERCLAIM AND STRIKE UNCLEAN HANDS AND "BUSINESS IS BARRED" AFFIRMATIVE DEFENSES 48 filed by Defendant City of Costa Mesa, Counter Claimant City of Costa Mesa. (Attachments: # 1 Declaration Christopher D. Lee, # 2 Exhibit 1)(Lee, Christopher) (Entered: 12/14/2020)

1 Declaration Christopher D. Lee

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2 Exhibit 1

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**WITHDRAWAN AND STRICKEN** MINUTES [IN CHAMBERS] Order Regarding Motion to Dismiss 48 by Judge James V. Selna. Accordingly, the Court strikes the motion, and the hearing set for January 4, 2021 is VACATED. Fed. R. Civ. P. 78; L.R. 7-15. The motion may be re-noticed for a new date, provided the renewed motion is in compliance with Local Rule 11-6. (lom) Modified on 12/21/2020 Per Order 54 . (iv). (Entered: 12/18/2020)

MINUTES (IN CHAMBERS) ORDER REGARDING DOCKET NO. 53 by Judge James V. Selna. The order at Docket No. 53 is withdrawn and stricken as improvidently entered. (iv) (Entered: 12/21/2020)

REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss SECOND AMENDED COUNTERCLAIM AND STRIKE UNCLEAN HANDS AND "BUSINESS IS BARRED" AFFIRMATIVE DEFENSES 48 filed by Counter Defendant Insight Psychology and Addiction, Inc.. (Beatificato, Mary Helen) (Entered: 12/21/2020)

REQUEST for Hearing Regarding Tentative Ruling, re NOTICE OF MOTION AND MOTION to Dismiss SECOND AMENDED COUNTERCLAIM AND STRIKE UNCLEAN HANDS AND "BUSINESS IS BARRED" AFFIRMATIVE DEFENSES 48, filed by Defendant and Counter-Plaintiff City of Costa Mesa(a municipal corporation). Request set for hearing on 1/4/2021 at 01:30 PM before Judge James V. Selna. (Lee, Christopher) (Entered: 01/04/2021)

REQUEST for Hearing Regarding Tentative Ruling, re NOTICE OF MOTION AND MOTION to Dismiss SECOND AMENDED COUNTERCLAIM AND STRIKE UNCLEAN HANDS AND "BUSINESS IS BARRED" AFFIRMATIVE DEFENSES 48, filed by Plaintiff and Counter-Defendants Mary Helen Beatificato(an individual), Gerald Grosso(an individual), Insight Psychology and Addiction, Inc.. Request set for hearing on 1/4/2021 at 01:30 PM before Judge James V. Selna. (Attorney Mary Helen Beatificato added to party Mary Helen Beatificato(pty:cd), Attorney Mary Helen Beatificato added to party Gerald Grosso(pty:cd)) (Beatificato, Mary Helen) (Entered: 01/05/2021)

MINUTES [IN CHAMBERS] Order Regarding Motion to Dismiss by Judge James V. Selna: For the foregoing reasons, the Court GRANTS in part and DENIES in part the motion, and grants Costa Mesa leave to amend with respect to the portions of the SACC that have been dismissed. The Court has also reviewed Costa Mesa's request for a hearing regarding the tentative ruling on this matter. See Request, Dkt. No. 56. The Court finds that oral argument will not be helpful in this matter. Fed. R. Civ. P. 78; L-R 715. [See document for details.] (es) (Entered: 01/05/2021)

AMENDED ANSWER to Third Amended Complaint and Third Amended Counterclaim filed by Defendant and Counter-Plaintiff City of Costa Mesa(a municipal corporation). (Lee, Christopher) (Entered: 01/11/2021)

[DUPLICATE ENTRY] THIRD AMENDED COUNTERCLAIM against Counter-Defendants Insight Psychology and Addiction, Inc.(a California corporation), Mary Helen Beatificato(an individual), Gerald Grosso(an individual) amending SECOND AMENDED Counterclaim, 47 JURY DEMAND, filed by Defendant; Counter-Plaintiff City of Costa Mesa(a municipal corporation)(es)

NOTICE OF MOTION AND MOTION to Compel Further Responses and Production of Documents and Requests for Sanctions against Plaintiff filed by Defendant and Counter-Plaintiff City of Costa Mesa(a municipal corporation). Motion set for hearing on 2/11/2021 at 10:00 AM before Magistrate Judge John D. Early. (Attachments: # 1 Declaration Christopher D. Lee, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Proposed Order Granting Motion to Compel)(Lee, Christopher) (Entered: 01/14/2021)

1 Declaration Christopher D. Lee

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Proposed Order Granting Motion to Compel

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Second STIPULATION for Protective Order filed by Plaintiff Jane Doe. (Attachments: # 1 Proposed Order)(Elliott, Autumn) (Entered: 01/14/2021)

1 Proposed Order

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MINUTE (IN CHAMBERS) Order Denying Motion to Compel 60 by Magistrate Judge John D. Early. The Motion (Dkt. 60) is DENIED without prejudice to the City re-starting the L.R. 37-1 process. (see document for further details) (hr) (Entered: 01/15/2021)

SECOND PROTECTIVE ORDER by Magistrate Judge John D. Early re Second Stipulation for Protective Order 61 . (see document for details) (hr) (Entered: 01/22/2021)

NOTICE OF MOTION AND MOTION to Dismiss THIRD AMENDED COUNTERCLAIM AND TO STRIKE UNCLEAN HANDS AND BUSINESS IS BARRED AFFIRMATIVE DEFENSES FROM THE CITY OF COSTA MESA'S THIRD AMENDED ANSWER filed by PLAINTIFFS AND COUNTERDEFENDANTS Insight Psychology and Addiction, Inc.(a California corporation). Motion set for hearing on 2/22/2021 at 01:30 PM before Judge James V. Selna. (Beatificato, Mary Helen) (Entered: 01/25/2021)

DECLARATION of Mary Helen Beatificato In Support of Motion to Dismiss Third Amended Counterclaim and Unclean Hands and Business is Barred Affirmative Defenses NOTICE OF MOTION AND MOTION to Dismiss THIRD AMENDED COUNTERCLAIM AND TO STRIKE UNCLEAN HANDS AND BUSINESS IS BARRED AFFIRMATIVE DEFENSES FROM THE CITY OF COSTA MESA'S THIRD AMENDED ANSWER 64 filed by Counter Defendant Insight Psychology and Addiction, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Beatificato, Mary Helen) (Entered: 01/25/2021)

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss THIRD AMENDED COUNTERCLAIM AND TO STRIKE UNCLEAN HANDS AND BUSINESS IS BARRED AFFIRMATIVE DEFENSES FROM THE CITY OF COSTA MESA'S THIRD AMENDED ANSWER 64 filed by Counter Defendant Insight Psychology and Addiction, Inc.. (Beatificato, Mary Helen) (Entered: 01/25/2021)

JOINDER in NOTICE OF MOTION AND MOTION to Dismiss THIRD AMENDED COUNTERCLAIM AND TO STRIKE UNCLEAN HANDS AND BUSINESS IS BARRED AFFIRMATIVE DEFENSES FROM THE CITY OF COSTA MESA'S THIRD AMENDED ANSWER 64 filed by Plaintiff Jane Doe. (Elliott, Autumn) (Entered: 01/25/2021)

PROPOSED ORDER re NOTICE OF MOTION AND MOTION to Dismiss THIRD AMENDED COUNTERCLAIM AND TO STRIKE UNCLEAN HANDS AND BUSINESS IS BARRED AFFIRMATIVE DEFENSES FROM THE CITY OF COSTA MESA'S THIRD AMENDED ANSWER 64 filed by Counter Defendant Insight Psychology and Addiction, Inc.. (Beatificato, Mary Helen) (Entered: 01/25/2021)

APPLICATION for Hearing as to Request for Telephonic Discovery Conference filed by Defendant City of Costa Mesa. (Lee, Christopher) (Entered: 01/27/2021)

MINUTES (IN CHAMBERS) by Magistrate Judge John D. Early, Setting Informal Discovery Conference re 69 . The Court grants the Request (Dkt. 69) and sets a Telephonic Informal Discovery Conference for the first time requested, January 28, 2021 at 4:00 p.m. Counsel for Insight and counsel representing each of the two law firms that have appeared on behalf of the City are ordered to participate in the call starting at that date and time until it is completed. The call-in information is:(see document for further information). (mba) (Entered: 01/28/2021)

OPPOSITION to APPLICATION for Hearing as to Request for Telephonic Discovery Conference 69 filed by Plaintiff Insight Psychology and Addiction, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Beatificato, Mary Helen) (Entered: 01/28/2021)

Notice of Withdrawal of Application for Hearing re Discovery Matter 69 filed by Defendant City of Costa Mesa. (Lee, Christopher) (Entered: 01/28/2021)

MINUTES OF Informal Telephone Conference held before Magistrate Judge John D. Early. Case called. Appearances made. The City of Costa Mesa confirms it has withdrawn its Request for Informal Telephonic Discovery Conference (Dkt. 69, 72). After a discussion with all counsel, the Court accepts the withdrawal and declines to issue sanctions against the City in connection with the order to show cause contained in the Court's order setting the matter for hearing (Dkt. 70 at 2). Court Recorder: CS 01/28/21. (mba) (Entered: 01/28/2021)

Amended Counterclaim

COMPACT DISC Order for date of proceedings 01/28/2021 to 01/28/2021 filed by Plaintiff and CounterDefendant Insight Psychology and Addiction, Inc.(a California corporation). Court will contact Mary Helen Beatificato at Mh@nsightrecovery.com with any questions regarding this order. Transcript portion requested: Other: 01/28/2021. FEE PAID. (Beatificato, Mary Helen) (Entered: 02/01/2021)

OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss THIRD AMENDED COUNTERCLAIM AND TO STRIKE UNCLEAN HANDS AND BUSINESS IS BARRED AFFIRMATIVE DEFENSES FROM THE CITY OF COSTA MESA'S THIRD AMENDED ANSWER 64 filed by Counter Claimant City of Costa Mesa, Defendant City of Costa Mesa. (Attachments: # 1 Declaration Christopher D. Lee, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Lee, Christopher) (attachment 4 sealed per order 78 ) Modified on 2/4/2021 (es). (Entered: 02/01/2021)

Joint STIPULATION to Correct Response in Opposition to Motion, 75 filed by Defendant and Counter-Plaintiff City of Costa Mesa(a municipal corporation). (Attachments: # 1 Exhibit Exhibit 3b, # 2 Proposed Order Granting Stipulation)(Lee, Christopher) (Entered: 02/03/2021)

Joint STIPULATION to Continue case deadlines from dates set in scheduling order to dates proposed by parties Re: Minutes of In Chambers Order/Directive - no proceeding held,,, Terminate Hearings,,, Set/Reset Deadlines/Hearings,, 24 filed by Plaintiff Jane Doe. (Attachments: # 1 Proposed Order)(Elliott, Autumn) (Entered: 02/03/2021)

ORDER SEALING EXHIBIT "3" (DOC. 75-4) TO THE DECLARATION OF CHRISTOPHER D. LEE IN SUPPORT OF THE CITY'S OPPOSITION (DOC. 75) TO PLAINTIFFS' MOTION TO DISMISS AND STRIKE (DOC. 64) WITH A FURTHER REDACTED COPY TO AVOID ISSUE OF SEALING THE DOCUMENT 76 by Judge James V. Selna. *NOTE: CHANGES MADE BY THE COURT* (es) (Entered: 02/04/2021)

EXHIBIT Filed filed by Counter Claimant City of Costa Mesa, Defendant City of Costa Mesa. as to Response in Opposition to Motion, 75 . (Lee, Christopher) (Entered: 02/04/2021)

ORDER RE STIPULATION TO EXTEND CASE DEADLINES 77 by Judge James V. Selna, the Court modifies the Order regarding Scheduling Dates, Dkt. No. 24, to continue the dates to the following new dates: Jury Trial October 26, 2021 at 8:30 a.m. Final PreTrial Conference October 12, 2021 at 8:30 a.m. [note date change]. Discovery Cut-off July 12, 2021. Expert Discovery Cut-off August 9, 2021. Law and Motion Cut-off September 13, 2021 at 1:30 p.m. The Court further orders that any settlement discussions shall be completed not later than May 5, 2021. [see document for further details.] (es) (Entered: 02/04/2021)

REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss THIRD AMENDED COUNTERCLAIM AND TO STRIKE UNCLEAN HANDS AND BUSINESS IS BARRED AFFIRMATIVE DEFENSES FROM THE CITY OF COSTA MESA'S THIRD AMENDED ANSWER 64 filed by Plaintiff Insight Psychology and Addiction, Inc.. (Beatificato, Mary Helen) (Entered: 02/08/2021)

OBJECTION to EXHIBIT 3 TO THE DECLARATION OF CHRISTOPHER D. LEE in support of CITY'S OPPOSITION to re: NOTICE OF MOTION AND MOTION to Dismiss THIRD AMENDED COUNTERCLAIM AND TO STRIKE UNCLEAN HANDS AND BUSINESS IS BARRED AFFIRMATIVE DEFENSES FROM THE CITY OF COSTA MESA'S THIRD AMENDED ANSWER 64 filed by Plaintiff Insight Psychology and Addiction, Inc.. (Beatificato, Mary Helen) (Entered: 02/08/2021)

MINUTES [IN CHAMBERS] Order Regarding Request for Further Briefing by Judge James V. Selna: Specifically, the Court orders Costa Mesa, within seven days, to submit a brief of no longer than eight pages including legal authority to support its proposition that it is possible to recover under the UPA for a secondary claim where the party in question is not harmed directly. Although the Court agrees that Costa Mesa has laid out its theory of relief in 27 of its third amended counterclaims, the Court is uncertain that Costa Mesa is legally entitled to seek damages under the UPA for allegedly illegal conduct that only affects the city indirectly. Within seven days of Costa Mesa's, the Court orders Plaintiffs to respond to Costa Mesa's brief with its own brief of no more than eight pages. (see document for details.) (es) (Entered: 02/11/2021)

Further BRIEF filed by Defendant City of Costa Mesa(a municipal corporation). regarding Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines,,,, Terminate Hearings,,, 83, NOTICE OF MOTION AND MOTION to Dismiss THIRD AMENDED COUNTERCLAIM AND TO STRIKE UNCLEAN HANDS AND BUSINESS IS BARRED AFFIRMATIVE DEFENSES FROM THE CITY OF COSTA MESA'S THIRD AMENDED ANSWER 64 . (Lee, Christopher) (Entered: 02/18/2021)

COUNTER DEFENDANTS' RESPONSE TO CITY OF COSTA MESAS FURTHER BRIEFING REGARDING ITS UPA DAMAGES CLAIM re NOTICE OF MOTION AND MOTION to Dismiss THIRD AMENDED COUNTERCLAIM AND TO STRIKE UNCLEAN HANDS AND BUSINESS IS BARRED AFFIRMATIVE DEFENSES FROM THE CITY OF COSTA MESA'S THIRD AMENDED ANSWER 64 filed by Counter Defendant Insight Psychology and Addiction, Inc.. (Beatificato, Mary Helen) (Entered: 02/25/2021)

REQUEST for Hearing Regarding Motion to Dismiss and Strike, re NOTICE OF MOTION AND MOTION to Dismiss THIRD AMENDED COUNTERCLAIM AND TO STRIKE UNCLEAN HANDS AND BUSINESS IS BARRED AFFIRMATIVE DEFENSES FROM THE CITY OF COSTA MESA'S THIRD AMENDED ANSWER 64, filed by City of Costa Mesa City of Costa Mesa(a municipal corporation). (Lee, Christopher) (Entered: 03/02/2021)

REQUEST FOR HEARING REGARDING TENTATIVE RULING ON MOTION TO DISMISS THIRD AMENDED COUNTERCLAIM AND STRIKE AFFIRMATIVE DEFENSES re NOTICE OF MOTION AND MOTION to Dismiss THIRD AMENDED COUNTERCLAIM AND TO STRIKE UNCLEAN HANDS AND BUSINESS IS BARRED AFFIRMATIVE DEFENSES FROM THE CITY OF COSTA MESA'S THIRD AMENDED ANSWER 64 filed by Counter Defendant Insight Psychology and Addiction, Inc.. (Beatificato, Mary Helen) (Entered: 03/04/2021)

MINUTES [IN CHAMBERS] Order Regarding Motion to Dismiss 64 by Judge James V. Selna: For the following reasons, the Court GRANTS in part and DENIES in part the motion. The Court has also reviewed the request for hearing filed by Costa Mesa. See Request, Dkt. No. 86. Having already received additional briefing in this matter (See Dkt. Nos. 84, 85), the Court the Court finds that oral argument will not be helpful in this matter. Fed. R. Civ. P. 78; L-R 715. Accordingly, the Court DENIES Costa Mesa's request for a hearing. [See document for details.] (es) (Entered: 03/04/2021)

NOTICE OF MOTION AND MOTION for Order for CLARIFICATION OF THE COURT'S MARCH 4, 2021 ORDER filed by Plaintiff and CounterDefendant Insight Psychology and Addiction, Inc.(a California corporation). Motion set for hearing on 4/19/2021 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) (Beatificato, Mary Helen) (Entered: 03/18/2021)

MINUTES [IN CHAMBERS] Order Regarding Motion for Clarification by Judge James V. Selna: The Court has reviewed the motion for clarification filed by Plaintiff and Counter-Defendant Insight Psychology and Addiction, Inc. ("Insight"). See Mot., Dkt. No. 89. Insight requests that the Court clarify whether it dismissed and/or struck: (1) Costa Mesa's claims containing fraud allegations, and (2) The portion of the Costa Mesa's Declaratory Judgment Act ("DJA") nuisance claim that is based on violations of the State and Federal laws referenced in Paragraph 36(a)-(hh) and (jj)-(oo) of Costa Mesa's TACC. Mot., Dkt. No. 89, at 2. [See document for details.] (es) (Entered: 03/25/2021)

MINUTES [IN CHAMBERS] ORDER TO SHOW CAUSE RE CONSOLIDATION by Judge James V. Selna. Accordingly, the Court orders counsel for Insight, Ohio House, and Costa Mesa to show cause why the Court should not consolidate case numbers SACV 20-504 JVS (JDEx) and SACV 19-1710 JVS (PJWx). A written response of no more than five pages1 is due by 5pm on April 5, 2021. [See document for details.] (es) (Entered: 03/25/2021)

BRIEF filed by PLAINTIFFS AND COUNTERDEFENDANTS Insight Psychology and Addiction, Inc.(a California corporation). RE: CONSOLIDATION regarding Order to Show Cause, 91 . (Beatificato, Mary Helen) (Entered: 04/05/2021)

BRIEF filed by Defendant and Counter-Plaintiff City of Costa Mesa. regarding Order to Show Cause, 91 . (Lee, Christopher) (Entered: 04/05/2021)

MINUTES [IN CHAMBERS] ORDER TO SHOW CAUSE RE CONSOLIDATION by Judge James V. Selna: The Court invited the parties in these cases to submit a memorandum addressing the question of whether these cases should be consolidated. (Insight Docket No. 91.) All parties have responded. (Insight Docket Nos. 92, 93 Ohio House Docket Nos. 111, 112.) Having considered the parties' views, the Court concludes that consolidation would not be desirable. The cases shall proceed separately for all purposes. The Order to Show Cause is discharged. (es) (Entered: 04/08/2021)

ANSWER to Amended Counterclaim, filed by CounterDefendants Insight Psychology and Addiction, Inc.(a California corporation).(Beatificato, Mary Helen) (Entered: 04/19/2021)

Second STIPULATION to Continue case deadlines from prior dates to dates proposed by parties Re: Order,,, Set/Reset Deadlines/Hearings,, 80 filed by Plaintiff Jane Doe. (Attachments: # 1 Proposed Order)(Elliott, Autumn) (Entered: 04/20/2021)

ORDER RE SECOND STIPULATION TO EXTEND CASE DEADLINES 96 by Judge James V. Selna, the Court modifies the Order regarding Scheduling Dates, Dkt. No. 80, to continue the dates in that Order to the following new dates: Jury Trial February 22, 2022 at 8:30 a.m. Final PreTrial Conference February 7, 2022 at 11:00 a.m. Discovery Cut-off October 11, 2021. Expert Discovery Cut-off November 22, 2021. Law and Motion Cut-off January 3, 2022 at 1:30 p.m.The Court further orders that any settlement discussions shall be completed not later than August 5, 2021. [See document for further details and deadlines.] (es) (Entered: 04/21/2021)

NOTICE of Joint Request for Telephonic Discovery Conference by Insight Psychology & Addiction, Inc. and City of Costa Mesa Pursuant to Order [Doc. 62] filed by Plaintiff Insight Psychology and Addiction, Inc.. (Beatificato, Mary Helen) (Entered: 08/24/2021)