Introductory Recitals Sample Clauses

Introductory Recitals. 1. On August 22, 2016, Plaintiff ▇▇▇▇▇▇ ▇▇▇▇▇▇ (“▇▇▇▇▇▇”) filed a putative class action lawsuit in Superior Court for the State of California, County of San Diego, assigned Case No. 37-2106-0028995-CU-NP-CTL (the “Action”). The Action named as Defendants: StemGenex Medical Group, Inc. (“SMGI”); StemGenex, Inc. (“SI”); Stem Cell Research Centre, Inc. (“SCRCI”); ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, D.O. (“▇▇▇▇▇▇▇▇”); ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, M.D. (“Sessions”); and ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ (“Alexander”). On November 16, 2016, SMGI, SI, SCRCI, Sessions and Alexander removed the Action to the United States District Court for the Southern District of California (the “District Court”). The Action is currently pending in the District Court, assigned Case No. 3:16-cv-02816-AJB-AHG. 2. Since the date of removal of the Action to District Court, parties have been named and/or removed/dismissed as the status of the Action has evolved. Among many other changes in the Action: • Plaintiffs’ operative pleading is their Fourth Amended Complaint (“FAC”), filed May 18, 2017; • Sessions was dismissed by Plaintiffs before the filing of the FAC; • On June 25, 2019, the District Court granted Plaintiffs’ Motion for Class Certification of all claims in Plaintiffs’ FAC against Defendants SMGI, SI, SCRCI, ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇▇, dividing the certified Class into Subclass A and Subclass B with definitions for membership for each Subclass; and • On December 24, 2019, the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) issued an Order granting a request by Defendants SMGI, SI, SCRCI, and Alexander (collectively, the “StemGenex Defendants”) for permission to appeal the District Court’s class certification order, assigning the matter Case No. 19-56500 (the “Appeal”). On November 24, 2020, the Ninth Circuit modified the June 25, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇’s Order granting Plaintiffs’ Motion for Class Certification, mandating the District Court to revise the class definitions to only encompass Subclass members who “saw” the Satisfaction Ratings. On February 12, 2021, the District Court amended its June 25, 2019 Order and revised the class definitions for Subclass A and Subclass B to include only those individuals who saw the Satisfaction Ratings. The revised certified Subclass A is: “All persons residing in the United States who purchased Stem Cell Therapy Treatment from StemGenex for at least $14,900 between December 8, 2013 and April 2016, after (a) visiting ▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇ when the website contained Patie...

Introductory Recitals