Novo Nordisk A/S et al v. Goglia Nutrition, LLC

1
24cv1385-LL-VET
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
NOVO NORDISK A/S;
NOVO NORDISK, INC.,
Plaintiffs,
v.
GOGLIA NUTRITION, LLC d/b/a
G-Plans; FUTURHEALTH, INC.,
Defendants.
Case No.: 24cv1385-LL-VET
ORDER:
(1) GRANTING NOVO NORDISK’S
EX PARTE APPLICATION FOR
LEAVE TO FILE NOTICE OF
SUPPLEMENTAL AUTHORITY
[ECF No. 47]
(2) GRANTING FUTURHEALTH’S
EX PARTE REQUEST FOR LEAVE
TO FILE NOTICE OF
SUPPLEMENTAL AUTHORITY
[ECF No. 49]
Before the Court are two ex parte applications for leave to file notice of supplemental
authority filed by Plaintiffs Novo Nordisk A/S and Novo Nordisk, Inc. (“Plaintiffs”) [ECF
No. 47] and Defendant FuturHealth, Inc. [ECF No. 49]. Neither application is opposed.
ECF No. 48. Plaintiffs seek leave to file notice of Novo Nordisk A/S v. Ikon Health, LLC,
No. 4:24-CV-05093-RLP, 2026 WL 196475 (E.D. Wash. Jan. 26, 2026), and FuturHealth
seeks leave to file notice of Lilly v. Willow Health Servs., No. 2:25-cv-03570-AB-MAR,
Case 3:24-cv-01385-LL-VET Document 50 Filed 02/10/26 PageID.<pageID> Page
1 of 2

2
24cv1385-LL-VET
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2026 LX 81211 (C.D. Cal. Feb. 3, 2026), to support their respective positions on
FuturHealth’s pending Motion for Judgment on the Pleadings [ECF No. 35]. ECF Nos. 47,
49.
Although neither district court opinion is binding on this Court, they are both
relevant to issues presented in the pending motion and were issued after briefing was
completed. Camreta v. Greene, 563 U.S. 692, 709 (2011) (quoting 18 J. Moore et al.,
Moore's Federal Practice § 134.02[1][d], p. 134-26 (3d ed. 2011)) (“A decision of a federal
district court judge is not binding precedent in either a different judicial district, the same
judicial district, or even upon the same judge in a different case.”). Therefore, the Court,
in its discretion, will GRANT both ex parte applications.
IT IS SO ORDERED.
Dated: February 10, 2026
Case 3:24-cv-01385-LL-VET Document 50 Filed 02/10/26 PageID.<pageID> Page
2 of 2